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HomeMy WebLinkAboutMin - CC - 1976.01.19B u r I i n g ame , C a I i f o r n i a January .l9, I976 CALL TO ORUER A regular meeting of the Burlingame City Council wasdate i n the Ci ty Hal I Counci I Chambers. The meeti ngorder at 8:02 P.1,1 . by Mayor Irving S. Amstrup. hel d on the above was cal led to PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Wayne M. Swan, City PIanner. R()LL CALL Counc Counc i I 14embers i I i'lembers Present: Absent : Ams tru p- Crosby- Cusi ck- Harri son-t'lan gi n i None i.,1 i NUTES The minutes of the regular meeting of January 5, 1975, were approved and adopted following a correction on Page 9 of draft minutes, Page 24, Vol ume IB "Minutes," i tem "An 0rdi nance Adjusting The Compensation 0f The Clerk And Treasurer," Councilman Cusick voted "No." iNTRODUCTION OF CANDIDATES, MUNICIPAL ELECTION I'4ARCH 2, 1976 ;vlayor Amstrup acknowl edged Robert Fi sse, Gl ori a Barton , Harry S. Graham, Council candidates; Frank Pagliaro, Jr., candidate for City Treasurer; Charles A. l,li lson and Evelyn H. Hil'l , candidates for City CIerk. AIso, l.layor Amstrup and Vi ce-l,layor Mangini are seeking re-election. H EAR I NGS ANNA V. ROSS APPEAL FROM BEAUTIFICATION COMMISSION DENIAL OF PERMIT TO REMO\JE TREE AT I2O7 PALOMA AVENUE Mayor Amstrup announced the Ci ty Counci l has been i nformed that the probl ems that i nduced the appeal no I onger exist as a result of recent amendments to the Heritage Tree 0rdinance and that the appeliant willnot be present thi s eveni ng. t,Ji th Counci l concurrence, Mayor Amstrup directed the subject to be removed from the agenda as recommended by the Ci ty Attorney. i 2. ALFREDO LOPEZ APPEAL PERMIT TO CONSTRUCT FROM PLANNING A RUMPUS ROOM COMTI ISSION DENIAL OF SPECIAL ON R-I PROPERTY, I525 CYPRESS AVE. Mayor Amstrup acknowl edged the fo l I owi ng materi al fi I ed wi th Counci I : From the appel I ant: I . Communi cati on dated Decemberrequesting a hearing before the City Council. 2. Twenty-six from neighbors not opposing a rumpus room in the rear yard. of arti cle in a I ocal newspaper concerni ng Burlin approval of a special permit for a hobby room at From Staff: City Planner report dated Ja i ncl udi ng copy of Speci al Permi t appl i cati on file Lopez letter to Planning Commission and City Coun,l975, site pl an, Chief Building I n s pector "Reportplaint," dated December 5, 1975, copy of Planning De cembe r 22 , 197 5 . the Ci ty 23, 1975letters3. 9oPY Commission Dri ve. game P) anni ng I348 Edgehill nuary 15, I97 d by i4r. Lopecil dated Nov 6, z, emb of i nu copy ofer 4, Com- te s From J. Barton ElIiott, 1536 Carol Avenue, communication dated January 9 , 1976, concerni ng accessory structures in general . At the Chai r's request, the Ci ty Pl anner di scussed code requi rementsfor rumpus rooms, explaining they are considered a "conditional use requiring a special permit. " He cited:Section 25.28.030,.-Paragraph 3of the Municipal Code "Rumpus rooms or hobby rooms in garages or acces- sory buildings provided that such rooms shall not contain a kitchen aspart of a separate rental unit, nor shall such rooms become separaterental uni ts, and provi ded that such rooms shal l not be constructed above or as a second story to such garage or accessory buildings." on Findings Commi ssi on m 26 27 The City Planner reported that Mr. Lopez started construction on anaccessory structure at the rear of his lot to be used as a rumpus room. The building came to the attention of Staff as the result of a callfrom a neighbor to the rear of the Lopez property. Upon investigating,Staff discovered a building for which no building permit had issued. The Chief Building Inspector in a memorandum to the Planning Departmentnoted a series of structural corrections required under the UniformBuilding Code. The Pi anner advi sed tha t the building is I6 feet x 24feet; photographs taken by Staff while on the property were submittedto the Council. At the Planning Commission hearing, there wereobjections from neighbors that the room is large enough to be convertedto a studio apartment or that it could be used for adult parties wlth resul tant noi se probl ems. Mr. Lopez i ndi cated he woui d make the cor-rections required by the Building Inspector if the special permit wereapproved. At the conclusion of the hearing, the Commission voted unani- mously to deny the permit. In response to Councilman Crosby, the Ci ty Planner confirmed thatMr. Lopez started the work without a building permit. He has been pl aced on noti ce to s top cons tru ction until the permi t is issued. The. Planner advised that it may be necessary to dismantle the building and rebuiid to satisfy building code. Councilman i,langi ni referred to the City Planner's memo of January l5to the Ci ty Counci l, l ast sentence, first paragraph, " Does the proposed use satisfy zoning code reguiations?" Councilman Mangini asked is not a rumpus room a condi ti onal use in R-l ? The Pl anner expl ai ned that a conditional use requ'ires approval of a lpecial permit by the Planning Commission or, in a situation of appeal, the City Council's approval ' Before Mr. Lopez may have his rumpus room, an action is required by the City Countii overruling Planning Commission denia'l of the Special Permit. Decl ari ng the heari ng open to the from proponents of the appeal . floor, Mayor Amstrup invited comments Charles Stuhr, of the firm of Stuhr, Martin & Farrah, Attorneys' San Francisco, represented Mr. and Mrs. Lopez. Addressing his opening remarks to Councilman Crosby, Mr. Stuhr explained that Mr. Lopez was not at home when the Councilman visited the property and Mrs. Lopez was reluctant to admit strangers, Mr. Stuhr stated that any member of the City Councii and Staff wishing to meet the family and inspect the bui I di ng will be we I comed . Mr. Stohr commented that the issue before the Councii is whether or not Mr. Lopez shall be allowed to construct a rumpus room' as opposed to a utility room, detached from the residence. Referring to a press review oi proceedings before the Planning Commission indicating an assumpti on by the reporter that the Lopez fami ly was not in position financially to construct the room' Mr. Stuhr commented the reporte?. was in error, apparently misinterpreting parts of the discussion. Further- more, assumptions of neighbors that the Lopez family will create a raucous or boi sterous atmosphere The family has not created that ktheir daily living; why, then, wou forei gn to their nature? The buiof a rumpus room for the chi ldrento living quarters , nor is it con are no water connecti ons, nor kit a commi tment to the City that the quarters ; admi ttedly, he started the past. It is his intention to required by the City so that the purpose, a rumpus room or playroo f the room is permitted are in error. nd of atmosphere in their home, nor d they revert to behavior totally ding was constructed for the purpose it is not of a size to be converted ucive to that type of use. There hen faci I i tles. Mr. Lopez has made bui I di ng will not be used for l ivingithout a building permit, that is in make al I of the structural correcti ons uilding can be used for the i n te ndedfor his children. I .I I I ; d c w b m Nith respect to neighbor complaints, Mr. Stuhr referred to 20+ signed s tatements expressi ng no obi ecti on to the constructi on. He stated that the issue appeais to be does the Planning Commission have a basis for saying the rumpus room will not be allowed because it may be con- verted to some type of )iving quarters in the future? He referred to a special permit granted by the Commission for a hobby room on an 28 R-l property at the same meeting that the Lopez 6pecial permit was denibd;'the-function of a hobby room would appear to be similar to that oi a rumpus room. It was the Planning Commission's position that I'1r. Lopez may have a storage or utility room but not a rumpus room; is the difference so great between the two that one is per- mi tted on an R-l property but not the other? 14r. Lopez did not intend, nor does he how, to build something that would be detrimental to his property, to surroundi ng properti es, nor to the -nei thborhoodgeneraliy.' Thi: building wil l be made to conform to code. Mayor Amstrup referred to Mr. Stuhr's comments that the room is not conducive to remodeling to living quarters and asked if he meant ttrtre would be no plumSing, 14r.-Sduhr explained the statement related to ne i ghbor assumptions that the bui I di ng noul d be converted to an apartmint, and thit he was attempting to point out it would-be-very ai iti cut t to undertake an illegai coiversi on because of control s exerci sed by the Ci ty through i ts ordi nances ; he nenti oned the ordi nance regul ati ng set{er connecti ons as an exampl e. 14ayor Amstrup asked if real estate is Mr. Lopez's fieid. . Mr. Stuhr confirmed it'is. Mayor Amstrup commented, in that case, he should be aware of building peimit requirements. Mr. Stuhr responded that Mr. Lopez stopped the work and obtained a building permit immediateiy he r{as contacted by Staf f . Counci lman Cusi ck reported she attempted to vi si t the property but was no response at the door. She stated her understandi ng th at children are 3-i /2 and 4=1 /2 and expressed some curiosity about playroom for such young children being that far from the house. Councilman Harrison reported he had the same experience of n when he went to the property. He shared Councilman Cusick's about children alone in a room at the'far end of ,the lot. there the a o resp0nse fee I i ngs In response to a seri es of questi ons from Counc conf i rmed that ir1r. Lopez wi 1 I comply wi th Bui I d requirements. If the Building Inspector finds dismantled and rebuilt, this wili be done. ilm i ng the an Mangi ni , Mr. Inspector's bui I di ng must be ty Counci I is a mi nutes reci teet was informedfeet and that 24 feet. he never said Stuhr Councilman Crosby stated he went to the property for the express pur- pose of viewing what appeared to be a controversial situation on which he was expected to vote intelligently. He stated his position that Mr. Lopez 's fai I ure to anti ci pate and arrange for ei ty- offi ti al s to enter the property indicated a certain lack of regard for the City Council. Counci I man Mangi ni stated the proposai b rumpus room l6 feet x 24 feet. Planning t hat a ne i ghbor, J. Barton Ell iott' 1536 efore the Ci Commission Carol Avenu 9 feet x l2 was l2 feet x Lope z cl aims by Mr Mr. EMr. Sthe b . LoIlio tuhruild pez that the building would bett di scovered subsequently it informed the Council that Mr. i ng woul d be 9x12. l,layor Amstrup asked for further comments from the floor in favor of the appeal . There were none. 0pponents were invited to comment. l"lr. Barton of Carol Avenue addressed the Council, advising he wishedto confirm with the Council as he did with the Planning Commission that Mr. and Mrs. Lopez came to his home seeking signatures to apetition indicating no opposition to an accessory building at the rear of their property approximately 9xl2 feet. Mr. El liott stated he had no knowledge of representations made by Mr. and Mrs. Lopez to neigh- bors who s i gned the peti tion, but he and Mrs . El I iott were tol d it would not exceed 9xi2. The existing bui lding is I6x24 with all of the potential for dividing into four 8xl2 rooms. tthen he and Mrs. ElIiott iefused to sign, they indicated that their concern was not with l,lr, Lopez's intentions but what might happen with subsequent owners. The prbperty has changed owners 5 to 7 times in the past 20 years. A bui ldi ng of this size woul d convert easi iy to a mother-i n- I aw or studi o apartment; the temptati on i s there . J, 2g Mayor Amstrup advised that theto rev i ew current regul ationsb0tt,er control s in this area. Pl a and nni ng submi t Commi ssi on i ts i deas has bee n requested on achievi ng Mrs. Joan Peterson, IllT Paim Drive, informed the Council she was not acquainted wi th the Lopez fami ly but interested in the subject, because tended to build a rumpus room at some time in the future. Shethe issue is not rumpus rooms, per se, nor is it Mr. Lopez'sm, but whether or not fami I i es can provi de separate l ivi ngties for mothers-in-law. It would appear from the comments thisg that Burl i ngame i s attempti ng to bani sh mothers-i n- law fromty, that Burlingame wants to become a mythical city completely shestat prob faci even the in ed ie 1i in ci separated from a probl em that confronts the average fami I y. i.lhen the general plan was being discussed, there was a pat decision--this areashall be residential, this area apartment. 14rs. Peterson stated that 'I egislators can be carried away in an attempt to keep everything within their jurisdiction cozy, sanitary and law-abiding. In a situationlike the Lopez's, the government must remember it is dealing with human beings. If the human beings do not fit into the plan of a city, then the pl an should be changed , not the peopl e, Councilman Mangini asked the City Planner to restate op to the Counci I . The Pl anner stated that Mr. Lopez has reconstruct the bui I di ng. Under the ci rcumstances, the(l ) Table or continue until the owner obtains a bui ldin dnd performs as directed by the Building Inspector. (2 Planning Commission. (3) Grant appeal with conditions. Approve appeal uncondi ti onal Iy. ti co c s ) Counci lman Mangi ni asked why Mr. Lopez shoul d not request 'i f he i ntends to rebui I d. The Ci ty Attorney expl ai ned the must be reconstructed if it is going to be on the property reason--rumpus room, storage, utility; otherwise, the City an abatement acti on. counci I man Mangini as ked if one of the condi tions woul d be di smantl i ng and reconstructi on. The Pl anner expl ai ned the type of condi ti on the Counci I might impose woul d be other than those al ready mentioned. For instanie, the Council might specify height, size and location of building, use and for what peri od of time. There were no further comments from the floor. The hearing was declared cl osed. Councilman Harrison stated his principal concern with accessory structures is what might happen after a change in ownership. Mr. -El liott stated that Mr. Lopez,s'building would lend itself to conversion to some other use because' of i ts si ze. llli th reference to statements concerni ng change i n Burl i ngame, Counci lman Harri son stated there are pegple rel uctant to accept any form of change, but changes are inevitable. They must be orderly', maintain standards and not have an adverse effect on property values. That can be detrimental to the City as a whole. It was his position that accessory structures tend-to do this' He indicated sup- port of the Planning Commission's decislon. In response to a series of questions from Councilman Crosby to Staff' it was established that rumIus rooms are permitted in the R-l District upon approval of a special permit; if Mr. Lopez rebuilds to conform to buildihg code, the biii lding cannot be used as a rumpus room until the speci al -permi t requi red by- the zoni ng code i s granted. - The Pl anner advised blso that setbacki questioned by the Buildlng Inspector were verified on plans furnished by Mr. Lopez. Councilman Crosby explained he has a rumpus room on his lot and might be inclined to support. Mr. Lopez except he found it di ffi cul t to understand how a man who sells ieal estate can be ignorant of the Iaws concerning building per- mi ts. Cou nci I man Harri son asked, in the event the Counci I decides to sustain Planning Commission, might Mr. Lopez apply for-a qmqller-type of rumpus room i n-the same location, one that woul d not Iend i tsel f to illegal conversion. The City Attorney stated it would be necessary to wait a year before resubmi tti ng to the Pl anni ng Commi ssion. ons avai I abl e mmi tted to ounci I may permi t Sustai n (4) a conti nuance bu i l di ngfor any must take Counciiman Crosby stated he has been a Councilman for many years. This is the first time,to his knowledge, that a rumpus room appli-cation was brought to the City Council for an action, Thesematters are usual ly resol ved by PI anni ng Commi ssion. Mayor Amstrup referred to the case of City of Burlingame vs. Thompson, The homeowner bui lt an accessory structure without a building permit. The Ci ty was successful i n pursui ng abatement. Counci lman Crosby asked will Mr. Lopez be alroom? Mayor Amstrup pointed out that the Plthe rumpus room but agreed there could be a I owed t sanni uti I ty n i h o have a rumpus Commi ssion di sal I owe dor s torage room Bui I di ng Inspector, nthi s provided the structure is remodeled to satisfy t Counci l man Burl i ngame instance. Crosby stated he has seen any number of and was unabl e to unde rs tand the strong rumpu s rooms i oppos i ti on in i"layor Amstrup stated that most citizens make an effort to abide by therules. They come to the City and obtain the necessary permits. Thereare others who attempt to, or do, circumvent the law. He related apersonal experience where, as the result of a deck that was added tohis home, for which a building permit was issued, his assessed valuationincreased. It was his opinion that to do other than l,hat the lawto every I aw-abi di ng o lati on of the Iaw,ate sal esman, hee basis for the keep the childrent purpose? requires is an affront to the Iegislative body member of the community. Mr. Lopez proceeded ihe did not obtain a bui I di ng permit, As a realsurely must be fami I i ar wi th such requi rements. s tru ctu re at the proposed I ocati on appears to bout of the house; is a room 16x24 necessary for Counci Iman Mangi ni asked what Mr. Lopez will have if the bui I di ng is made to conform, The City Planner stated if planning Commission-isupheid and the special permit denied Mr. Lopez can rebuild forstorage or utility room use. Denial of the appeal will prevent rumpusroom use. and n vi est The to tha Counci Iman Cusick asked if the appea I is denied wi thout prejudi ce canMr. Lopez return to the City with plans to reiocate the structure cl oser to the house or make it an addi ti on to the house and not beforced to wait a year, The City Attorney stated the code provides thatno same or similar app'l ication with reference to the same premises shallbe filed for a period of one year. It was his opinion the City Councilcannot wai ve that provi sion wi thout chang i ng the ordi nance. Counci lman Cusi ck asked wil1 it be a similar bui l di ng if .it is closerto or attached to the house? The City Attorney stated an additionmight not require anything more than a building permit. Councilman Cusickexplained she is bothered by the idea of a detached rumpus room that I arge at the back of the lot and cl ose to adjacent properti es. g arl inquiry from Councilman Crosby regardlng measuresIable to prevent Mr. Lopez from using the building as heity Attorney stated there will be policing. Further, in ounci lman Crosby, the Attorney stated if there is evidencedren are playing there consistently an action for abatement i4ayor Amstrup asked must the building be dismantled and rebuilt toconform? The City Engineer explained the floor Ievel must be ra.l sedand the roof structure corrected for proper drainage. There areoptions available whereby Mr. Lopez may not have to rebuild, but theymay be somekhat more expensive. The City Attorney advised that, whatever action the City Council takes,a proper resolution wiil be prepared and recorded, as has been the pro- cedure recently, so that subsequent owners will know the history of theaccessory structure and there will be no question as to its status. In response tthat are avai wi shes, the C response to Cthat the chii must be taken to all of <, Counci lman Harri son stated i t appears there have been answers 30 the questions raised by the Council. Considering al1 of the facts, and realizing if the City Council upholds the Planning Commission that Mr, Lopez has only to make the ch code for the buildin9 to be used as a ri son moved to sustai n Pl anni ng Commi s by Councilman Cusick, carried unanimou ne ce ss ary to conform toy room, Counci I man Har- The moti on v{as secondedrolI call. an9es ut i i i t sion.siy on RECONVENE:Fol lowing a recess P.M. at B:52 P.M the meeti ng was reconvened 6y -Mayor Ams trup at 9 :05 COMMUNICATIONS I. PARKING CHANGES ON HIGHLAND AVENUE CALIFORNIA DRIVE TO HOlllARD AVENUE In a communication dated January 14, 1976, Arnold H. Rodman' Chairman, Traffic, Safety & Parking Commission, informed the City Council that recommended changes i n on-street parki ng were unanimously endorsed by the Commission: Northeasterly side of Highland from Cal ifornia Drive to Howard, 5-hour parking B:00 A.M. to 5:00 P.M., Sunday and holidays excepted; I ast 2 parki ng spaces adjacent to Howard, l0-mi nute l imi t, B:00'A.l'1 . to 5:00 P.M.,-Sundays and holidays excepted. In an addendum to the communication, the city Manager recommended enactment of neces- sary legisl ation, In response to Councllman Crosby, the City Engineer advised lessee of the bus depot attended the Commission meeting and ful ly aware of changes affecti ng bus . s top, traffi c fl ow on block of Hi ghl and and on- street parking. The City Attorney was directed to prepare the ordinance for consideration. that the i s now th at one the Counci l S AMUSEMENT PERMITS l RENEl^lAL OF ENTERTAINMENT/DANCE I3I C OLD BAYSHORE PERMIT EGGPLANT RESTAURANT, A communication from the Pol ice Department si gned by Lieutenant Thomas B, Chase for Gerald A. Norditrom, Chief, offered no obiection to renewal of the permit. As recommended by Mayor Amstrup, the permit was r.n"wea for a pbriod of one year on motion of Councilman Crosby, second by Councilman ilarrison, unanlmously carried on roll call ' ?, RENEl.lAL OT BOU L EVARD ENTERTAINMENT/DANCE PERI..IIT, SHERATON INN' I I77 AIRPORT A communication from the Police Department signed by Lieutenant Thomas B. chase for Gerald A. Nordstrom, chief, offered no objections to renewal of the permit, on motion of councilman Harrison, second by councilman crosby, Mayor Amstrup's recommendation that the permit be renewed for one year ilas unanimously accepted on roll call ' STAFF NEMORANDUMS I COMBINING STREET POSITIONS AND SE}{ER SUPERINTENDENT & t..lATER SUPERINTENDENT po ud ea s. in In a communication dated January 15, .l976, the City Manager re he and the City Engi neer/Di rector of Public l,lorks have been st above change ii operati ons at the Corporati on Yard wi th the id one superiitendent assume the responsibility of both operation the imiending retirement of the i ncuppggt Street & Sewer Super this wbul d aIpear to be the opportunArtE make the change. A c promotional biamination would be scheduled. The City Manager inended employment of an Account Clerk I at the Corporation Yar proposed ieoiganization would represent some saving in-operati betler utilizltion of personnel and equipment and provide-for effi ciency and economy. The Manager requested approval of the authorization to submit duties and responsibi Iities of the sup dent and his immediate ai des to Cooperative Personnel Services 'I o al d. rted thatying the that t,lith tendent, sed so recom- Thi s costs,tter'I an and i nten- or L. n9 be p erf 31 32 recommended sal ary ranges. Councilman Crosby inquired as to the need for an Account Clerk. Both the Ci ty 14anager and Ci ty Engi neer responded, expl ai ni ng primary dutieswill be record keeping. There should be someone on duty capable ofperforming secretarial duties now performed by staff at City Hall; also,the secretary in the Public [,lorks Department acts as dispatcher for theCorporation Yard, which is a cumbersome arrangement. Efficiency atthe Yard can be improved by the addi ti on of a clerk. In response to Councilman l,langini, the City Manager estimated an annual savings in salaries of about $3000 to $4000 through implementa-ti on of the p1an. A rnotion by Counci lman Harri son authori z i ng the Ci tyas outlined in his letter v'ras seconded by Councilmancarried on rol I call. Counci lman Cusick reported she visited the property. fence is beautiful and that she was reluctant to see Perhaps something can be arranged whereby the. people department wi I I be al Iowed on the property. l,lana Mang er to proceedni, unani mous Iy9'I ?. ENCROACHMENT PERMIT 2723 EASTON DRIVE In a memorandum dated January .l5, 1976, the City Engi neer/Di rector ofPubiic Works reported he was approving a fence encroachment at the above address with the condition that the fence corner at the driveway be refocated back toward the property approximately I -1 /2 to 2 feet so the City's water valve will be outside the fence. The fence was constructed without a building permit, encloses a City water main and encroaches into City right-of-way approximately 2-1 /? feet over a 40foot length. The property is owned by 14r. and Mrs. t,rlilliam Sexton and Mrs. Sexton objects to relocating the corner of the fence. In an addendum to the communi cati on, the Ci ty Manager stated the encroach- ment permi t appears to be di screti onary under the ci rcumstances and shoul d be approved on a revocab'l e basis. In asking for Councii comment, Mayor Amstrup pointed out that, underthe new system of processing such permits, the City Engineer's decisionwill stand unless the Counci I objects. The City Engineer reported that Mr. and Mrs, Sexton were present. Mrs . Sexton , upon recogni tion by the Chai r, submi tted photograph s ofthe homes along that section of Easton Drive, advising that four ofthe fences are closer to the sidewalk than theirs. The City Engineer has requested that a portion of their fence be realigned because of an exi sting water val ve. She stated there is a sewer mai n inside thefence which erupted recently and crews were on the property repairingthat; P.G.& E. service people come on the property. 5he asked whythe water crew cannot operate in the same manner, Mrs. Sexton explainedthey built a very fine fence and she preferred it be allowed to remainto preserve the aesthetic effect, She agreed the i t di sturbed. from the water The Ci ty Engi neer expl ai ned the fence creates a barri er thus maki ng itdifficult for a man to operate the val ve key. He stated it is not hisintent that the entire fence be moved, just a sma11 portion at thecorner so the valve will be readiiy accessible in the event of a break in the main. He mentioned there is no assurance that the mainwiil be relocated in the very near future; it may be next year, it maybe later. In the meantime, there is the possibility of an energencythat could occur at night. In this event, the crew must be able to reach the val ve qui ckly and not be forced to I ook beh i nd fences or hedges. 14rs, Sexton stated a hedge behind the fence interferes with the valve. The City Engineer stated it may be that the hedge is over the valve,but the hedge can be pu shed aside, the fence cannot. The fence causesthe problem. Z, clc)Ja) Following further discussion, the City Engineer suggested a continuanceto allow Staff to confer with the Sextons. Perhaps a solution can be fou nd that will be mutual ly acceptabl e. There were no objections from Council. The City Engineer was authorizedto proceed. The Ci ty Engi neer/Di rector of Publ i c tlorks submi tted the above under date of January I5, 1976. He advised that the map was first presented to the City Council at its meeting of September 2, 1975, but was con- tinued until the matter of group residential facilities for the elderly in R-3 District was resolved. The map can now be processed by the Council. In an addendum to the communication, the City Manager advised the Planning Commission recommended approval. In response to inquiries from Councilman Cusick and Councilman Mangini 'the City Attorney confirmed that an action by the Council approving the map will sustai n all of the ori gi nal condi ti ons i mposed by Planning Commi ssi on and Ci ty Counci I . A motion by councilman crosby accepting the map was seconded by council- man M a n g i n i ,. u n a n i mo u s ly carri ed on rol 1 cal l. 3. TENTATIVE PARCEL MAP 238 MYRTLE ROAD RESOLUTIONS I. HOUSING & COMMUNITY DEVELOPMENT ACT Under date of January l5' I976 , theto pas s a resol uti on extendi ng last the County. Ci ty Manager advi sed it is necessary year's cooperati on agreement wi th Executi on 0f Cooperati on Agreement Mateo " was i ntroduced by Counci I - second by CounciIman Crosby, carried RES0LUTI0N N0. l0-T6 "Authorizing Second Program man Harri son, unanimously on Year,County of San 2. RES0LUTI0N NO. l l-76 "Authorizing Execution 0f Building Design Se rv Construction" was in second by Counci l man who moved adopti on 'rol I call, 1 Ce S - troduce Mangin Public l.lorks Department d by Counci lman CrosbY,i, unanimously carri ed Agreement For Corporati on Y ard who moved adoption 'on rol I call. y Manager, the program wi th other f or approxi matel y crlme preventi on. recommended Bur- Ci ty 0f Burl i ngame Harri son, who moved carri ed on rolI call Records,y Counc i 1 unanl- 3. RESOLUTION NO. I2-76 Management an or an who moved adopti on , secon rol I cal I . 4. CITIZEN CRIME PREVENTION PROGRAM (CAPTURE ) RESOLUTI0N NO. l3-76 "Authori zi ng Part i ci pati on 0f "Resolution Concurring In The Solid |laste ateo County" was introduced by Councilman Mangini, d by Counci.lman Harrison, carried unanimously on In a communication dated January 13, 1976, to the Cit Chief of Police requested the City participate in the cities in the County. CAPTURE has been in existence two years , designed to get the ci ti zen. i nvol ved with In air addendum to the communication' the City Manager lingame's participation to the extent of $244.4.l . In "Capture" Program adopt i on , second by " was i ntroduced bY Counci I man Counci Iman Cusi ck, unanimouslY 5. RES0LUTI0N NO. l4-76 "Authorizing Destruction 0f Certain oocuffiBuilding Departme n t ) was introduced.b man Crosby, who mbved adopti on , second by Counci lman Mangi ni 'mously carri ed on rol I call. 6. RES0LUTI0N NO. l5-76 "Authorizing Execution 0f state Lands commision Permffi(constructionofbicyclepathonStatelands along the lago6n) was introduced by Councilman Harrison' who moved adopiion, seiond by Councilman Cusick, unanimously carried on roll call. t, Consideration of resolutions concerning agreement lrith San Mateo County Scavenger Company and authori zi ng rate i ncreases was del ayed to the meeting of March i, i976 at the request of the City Manager, who advisedin a memorandum dated January 16, ,l976, that a committee of Municipal Fi nance Di rectors has been establ i shed to anal yze record s , rates of return, etc,, that the scavenger company will allow to be a A volunteer from a San Mateo commission with experience in wi i l work wi th the commi ttee. A report i s schedul ed to beto the City I,lanager's Assoc i ati on by February )5. The Citywill meet on February 24 and the managers' association recommendationwill be presented so that any rate changes will be effective by cities on a common date of March i. 0RDINANCES - Introduction of: nalyzed. P.U.C. submi tted Managers I. ORDINANCE NO. I06I ntroduced forI "Requiring Statement 0f Residential Use" was di ng by Counci I man Cusi ck. "0rdinance Providing For Increase In Councilmen'sfor fi rst readi ng by Counci I man Harri son . there wi I I 1976. be hearings on.the above at the f i rst rea N0. 10622. ORD I NANCE Sal ary" was i ntroduced Mayor Amstrup an nou nced meeti ng of February 2, UNFINISHED BUSINESS I . STORAGE OF BUILDING i'IATERIALS ON SOFOS PROPERTY, ARUNDEL ROAD In response to Councilman Cusick, the City Attorney stated he spoke wi th Mr. Sofos , requesti ng a letter from him decl ari ng his i ntent to use the bui I di ng materi al s on the 3 houses bei ng remodel ed on thesite. and that he wi'l i el imi nate the l ean-to behind the mi ddle house 'The Attorney pointed out that the City cannot force Mr. Sofos to take out a building permit to do the roofing. He states the workwiii be done this summer. Counci lman Cusi ck asked the du rat i on of a building permit. The Attorney responded'90 days." 2. BINDING ARBITRATION, SAFETY EMPLOYEES l,layor Amstrup referred to a League of Cal iforni a Ci ties Bul letin, January 14, 1976, advising that SBI294 was passed by the Senate Com- mi ttee on Governmental 0rgani zati on. Counci I members endorsed the 14ayor's recommendati on that a I etter be directed to Senator Gregori o reiterating this Council's opposition to the Bill and commending himfor voting against it. The City 14anager was requested to tvri te theletter. 3. SAN I"lATEO COUNTY TRANSIT DISTRICT i4ayor Amstrup announced that the District has hired at least 3 people and is about to hire 2 or 3 more in management positions at a costof about $.l60,000 to $.l80,000 to administer a transit district that is not functioning, the first bus isn't in operation. His recommendation that the City Manager write to the Board of Directors expressing dismay at the amount to be paid out in salaries was accepted by the Counci i. Councilman Harri son asked that the Ci ty Manager request information on qualifications, training and competency -requi,red. by the Board of its admi ni strat i ve p e r s o n n e I , s-.'' : ' 'r ': +)'*^ "": " NEIi BUSINESS I. ASSEI,IBLY BILL 33I RELATIVE TO LABOR RELATIONS The Bill proposes to expressly proh from usi ng publ i c funds to prepare, a management position regarding any asked that the Ci ty pl ace i tsel f on The City Manager was directed to wr the Assembly Commi ttee menti oned i n Bul I eti n of J anu ary 9, 1976. it,State and I ocal governments ubl i sh or purchase adverti s i ng stati ng abor dispute. Councilman Cusick ecord in opposi tion to the Bill. e a letter to the members of he League of California Cities / ib p I ritt 34 35 2. ALBERT KAHL SERVICES ON POLICE STATION STUDY Under date of January l6, l9report concerni ng Mr. Kahl 's the Ci ty Manager submi tted a chronol ogi ca1 vi sory servi ces. 76, ad i,layor Amstrup confirmed his intention, announced at the CounciI's meeting on January .l4, of abstaining from the vote, not because o 14r. Kahl's cla'i m for services rendered but because of the "afterfact" procedure applied in this instance. There was not a formal ment w'i th Mr. Kahl on reimbursement for services rendered but the has received a bill. studyf the agree- Ci ty Mayor Amstrup recommended that, in the future, when an ment is made with a consultant it be determined at the individual is voi unteeri nq the servi ce or expects to be The I atter s i tuati on requi res approval of a majori ty of This procedure was not fol Iowed r+ith Mr. Kahi . Councilman Mangini moved to authorize payment to 14r. Kin his motion the Mayor's 16eexrmendation on procedure above ) . The moti on was seconded by Counci lman Crosby fol lowi ng rol i call: i nformal arrange- onset if the reimbursed.the Council, ah l ,(reci and and i nc ludedted immediately carri ed on Counci I Counci i Counci I Counci l Members l,lembers Members Members Aye: Cros by -Harr i son -Man gi n i No : Cusi ck (objected on the Abstai n: Ams t rup (for reasons Absent : None grounds of improper procedure) g r ve n J Mayor Amstrup announced there wi lI be a recep-5, at the Recreation Center honoring Mr. lil'ight, I J a JACK lriRIGHT RETIREMENT: L i on on Sunday, January 2for his many years of service to the City as the volunteer Assistant Director in Civil Defense. Mayor Amstrup's motion to authorize payment of the costs of the reception was seconded by Councilman Harrison, unanimously carried on voice vote. APPROVALS CHAMtsER OF COMI.IERCE STATEI'IENT, JANUARY 5 , I976anu T9IilTn -Tfe amount pproved on motion of Councilman Mangini, second by unanimously carr i ed on voi ce vote. 2. I,IARRANTS:Nos. l360 through 1665, duly audited, in the amount of payment authorized on motion of Councilman Cusick,5 40.l ,089.93, second by Counci lman Harri son, unan imously carri ed on voi ce vote. PAYR0LL: December, 1975 , Checks Nos . I4740 through 15599 i n the secondamou n t of $344,937.60 approved on moti on of Councilman Cusick, by Councilman Harrison, unanimously carried on voice vote. ACKNO!.lLEDGMENTS C ommu n icati ons : 1. Pacific Gas & Electric Company, 1/7176, concerning undergrounding allocations.2. Dr. Ray L. Ferguson, South San Francisco Senior High School , 1 /1176, col I ector of shi el ds and badges ffom fi re departments through- out the State, request for certain items from the City of Burlingame, Councilman Harrison asked the City Manager and Fire Chief to assist Dr. Ferguson.3. Ci ty Attorney commun i cati on 1 /15/76 report on property at I 824 Bar- roi I het. Reports: Class Parti ci pation Fal l -l.li nter,.l975 Servi ces renderedof $4250 was Counci I man Crosby, I a ? 3 4 r nd eport Departmen t o CollectioniCity Planner Commission A3ts.P"li"?i 1?/22/75. Prel imi na Bi i ngum I y Qraft^0f, Sin teen LtuD r PI qfi report of f Recreati on 1/B/76, December, i 975. r n meeti ng ter 173?Ii anni ng Code - fancl a I mi nutes Department /o,Planning Cornmission 1/12/76. 0ent.5 , I r re ^,?r-rF..-rrrq*qlltrr,6 ."l1fr.ltrr.tlF--rvrrFr..?lT.trrfi . t.rixrq!Eltr.--T- rqpFr --F{-F*..a.ry F.i '?i rETr 36 AIRPORT NOISE MONITORING:The Ci ty Pi anner reported he recei ved i nf ormati on that theie are l3 stations throughout the County. Robert Fi sse, 3035 Trousdal e Dri ve , requesteddirect staff to study and prepare a plan forthe area east of 0ld Bayshore in the event ofa heavy earthquake, for exampl e , damagi ng the DISASTER PLAN:t[e ti tr Tounci I gency access to ma jor di saster, overpasses, The Ci ty Manager ADJ0URNI,IENT: At requested to confer with 3taff, P.M that emer- a was 9:55 freeway Res pe ctfu l1y submi tted, Herbert K. I.lhi te , Ci ty C lerk uty ty er t r'/ -././' ..(,, ,-,2.1.---.. Jr' r-,/,/. / {--