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-,/,/. / {--