HomeMy WebLinkAboutMin - CC - 1974.04.15163
Burlingame, Calif ornia
April 15, L974
CALL TO ORDER
A regular meeting of the Burlingame City Council was cal-l-ed to order on the
above date at 8:05 p.m., Mayor inli11iam J. Crosby presiding.
PLEDGE OF ALLEGIANCE TO THE FLAG: LCd by Chief of Police Carl M. Lollin.
ROLI CALL
Present:
Absent :
Councilmen:
Councilmen:
Amstrup-Crosby-Cus ick- Harri son-Mangini
None
MINT.]'f ES
The minutes of the regular meeting of April- 1 and the special meeting of
April 8, L974, previously submitted to members, were approved and adopted.
AUCTION PERMIT APPROVED
In a communication dated April 2, 1974, Leonard M. Rood of Milton J. Wershow Co.,
ReaI Estate Division, Los Angeles, advised that the firm is contemplating
conducting Public Real Estate auctions at the Airport Marina Hotel on May 6 and
May 15, L974. One parcel of real estate, neither in San Mateo County, will be
offered at each sal-e.
Attached to the communication was a copy of Section 16002.1, State of California
Business & Professions Code, reciting as follows: "No license fee for the
privilege of auctioning real estate may be collected from any real estate auctioneer,
whose business is limited exclusively to auctioning real estate, except by the city
in which he has a permanent place of business. " The applicant requested information
on applicability of this section in the City of Burlingame.
A report from the Department of Police, dated April 9, L974, concerning Wershow
Company and Mr. Rood was favorabl-e. fssuance of the permit was recommended.
Also, the Council had copies of the City Attorney's letter of April 9, L974,
to lulr. Rood requesting an affidavit or declaration under penalty of perjury
setting forth the nature of the business and method of operatj-on with sufficientparticularJ-ty to indicate whether or not the business comes within the statutory
exemption.
Mayor Crosby recognized Mr. Rood. He reported that the parcel to be sold on
May 6 is located in Lake County. Property to be offered on May 15 is in San
Benito County, the sel1er is New fdrian Mining s Chemical Co., an associate
of Wershowi the date is not firm, it may or may not be postponed.
Mayor Crosby asked about sales advertisements that appeared prior to issuance ofthe permit. IvIr. Rood assumed responsibility, explaining there were concurrent
applications with the City of Burlingame and the City of South San Francisco. He
failed to distinguish between the two, and thought that the approval- from South
San Francisco was, in fact, Burlingame. He explained it is not his nor his
employer's wish to attempt circumvention of local ordinances but to determj-ne
precedent in cities throughout the State. If it is the Council's decision thatthe statutory exemption does not apply, the fee will be paid.
fn response to a series of questions from the Counci-l, Mr. Rood reported the salein Burlingame will be limited to real estate, as will the sale in South San Francisco.
The two peninsula cities were selected because of proximity to the airport, which
would be conducive to inviting prospective buyers. Wershow Company consists of
two divisions, real estate auctioning and equipment auctioning. It is the position
of some cities that the local fee can be waived if the auction is restricted toreal estate.
l,
16-1
Mr. Rood asked permission to withdraw the application for the May 15 sa1e, explaining
he will reapply probably for the 20th of May.
The City Attorney stated it is understandable that there coul-d be differences
of views of public lawyers reading the code section. In his interpretation, the
exemption is granted only to auctioneers of real estate exclusively. Ivlr. Rood
states his company engages in auction of other kinds of property. The applicant
then would be before the Council the same as any other auctioneer seeking an
auction permit.
A motion introduced by Councilman Cusick authorizing the permit for an auction
sale of one parcel of real estate in Lake County on May 6, 1974, at the Airport
Marina Hotel, conditioned upon payment of the fees specified by code, was
seconded by Councilman Harrison and unanj-mously carried.
The City Attorney mentioned. that 1,1r. Rood's application should be on file for the
May 6 meeting of the Council if he intends to hold an auction in Burlingame on
May 20.
HEARINGS
I. COVEY TRUCKING COMPANY--SPECIAL PERMTT DENIED
Mayor Crosby announced a continued hearing from the meeting of April 1, L974, on
the appeat filed by Speneer Covey from Planning Commission denial of a special use
permit for Covey Trucking Company to continue its operation on leased property
at l-246 Rollins Road.
Two communications filed by Mr. Covey since the prior meeting were read. One
addressed to Mayor Crosby, and the other to the Ci.ty Councilr reported that the
lease matter has been resolved and all that remains to be agreed upon is the
Iease payment, and that 24 tons of washed rock were spread on the unpaved strip
traveled by Covey trucks, whi-ch should prevent a dust problem to adjacent
properties.
Mayor Crosby invited Mr. Covey to comment. He stated that in conversations with
Mr. Don Yarbrough and Mr. Donald MiIIer, trust officer and attorney, respectively,
with Bank of America, Trustee, both agreed that the lease option had been legally
exercised. Mr. Covey expressed the opinion that his lease is valid to November,
L975, for warehouse space and parking area up to the easement at L246 Rollins Road.
Robert Davidson, Director of Public Works, informed the Council that he visited the
site earlier in the evening and observed the rock in place as described by
Mr. Covey. The rock is nct oiled; if it were, it probably would be more durable,
remain in place longer, and be more effective in controlling the dust. Mr.
Davidson stated the rock will be adequate for a certain length of tj-me but it
would be difficult to predict what that length of time might be.
Councilman Mangini recalled that one of the issues discussed at the prior meeting
concerned Mr. Coveyrs trucks entering another personts property to maneuver the
turn into his property. He asked Mr. Covey to discuss alternative access if
neighboring owners decided to erect a fence. Mr. Covey indicated there should be
no problem because of open spaee on the Dore property offering a means of access
to Rollins Road. He stated that the fence at the former Blue Chip Stamp site
is one of the major deterrents to adequate internal cj-rculation.
There vtere no conunents from the audience in favor of the application. Opponents
were recognized.
Mr. William Nerli, oviner of property at 1320 Marsten Road, adjacent to Covey,
disagreed that trucks would be able to enter and leave solely within the
confines of the Dore site. Equipment owned by Covey is too large to turn within
the space available. Mr. Nerli suggested that trucking or truck storage is not
a permitted use in this district.
The City Attorney noted that the application before the Council is a. request
for an extension of a permit previously granted by the Planning Commission. The
orj-ginal granting of the permit was in accord with the zoning code. It is a use
that can be permitted by the Planning Conrnission upon application and hearing. a/,,
165
Councilman Cusick asked Mr. Nerli why he had not objected when Covey first took
occupancy two years ago. He responded that the trucks were not there two years
ago. Councilman Cusick requested clarification of location of the access easement
owned by Dore. Ir{r. Nerli described it as between the former BIue Chip Stamp
premises and the P.G. & E. right of way. Councilman Cusick pointed out that
Mr. Covey, as a tenant of Dore, has legal rights to the access easemenL provided
by the landlord. Mr. Nerli stated he intends to fence his property. There wilf
not be space for the trucks to make the turn into the easement.
Councilman Harrison requested the City Planner to clari-fy status of the tentative
parcel map filed by the Bank of America. The Planner reported the map was approved
in August, L97L. The Subdivision Map Act allows 18 months, and an extension of
time on request, for the final map to be filed. There has been no request for
extension in this instance; however, Bank of America indicated recently that the
final map would be submitted to the Planning Commission at a study session but
it was decided to drop it from the agenda because of a number of changes to be
made. The initiative is with the applicant. Councilman Harrison asked if sub-
stantial changes might occur betrareen the tentative and final map that could
affect the Council's decision on Covey's applicatj-on. The City Planner stated
there have been indications that proposals for the property might faII within
the subdivision category rather than "less than five lots subdivision" as
defined in the code.
Councitman Amstrup suggested that the building department's serious reservations
about the application should be considered; also, the Planning Commissionrs
denial on the grounds of lack of parking and other issues. He declared his
position in opposition to the permit.
Councilman Harrison concurred with Councilman Amstrup from the standpoint of
up,grading the property. In addition to refusing the permit, the Council should
encourage the Planning Commission and staff to work with Bank of Anerica to
expedite action on the final map and improvements to the property.
Mr. Frank Wa1ch, in business at 1322 Marsten Road since 1960, expressed the
opinion that a formal use permit was never granted Covey. He stated he had no
recol-lection of receiving a notice of hearing, nor of attending a formal hearing.
It was his position that Covey occupies the property on some form of temporary
permit. Mr. Walch maintained there are other areas more suitable to trucking
and truck storage where traffic and parking will not become a nuj-sance. He
spoke of his personal appeals to the Bank of America in an effort to have the
area upgraded and of an arrangement whereby he agreed to relinquish 20 feet of
easement on his property in exchange for a 30 foot easement that Bank of America
will create to improve access and circulation.
The hearj-ng was declared cl-osed.
The City AtLorney reported he learned in a telephone conversation with Mr. Dona-ld
Miller, attorney for Bank of America, that Covey's lease is enduring, the landlord
and tenant have not finalized rental agreement as yet, but Covey continues possession
with the consent of the landlord. However, with respect to dedication of easements
and improvements on the property, Mrs. Dore refuses to terminate the lease with
BIue Chip Stamp with the result there is not now the incentj-ve for the Bank of
America to undertake the improvements that were being considered in connection
with the skating rink tenancy.
A motion introduced by Councilman Amstrup to uphold the decision of the Planning
Commission in denying the special use permit to Covey Trucking Company, L246
Rollins Road, was seconded by Councilman Harrison and declared carried on the
following roll call:
Ayes: Councilmen: funstrup-Crosby-Harrison
Noes: Councj-lmen: Cusick-Mangini
Councilman Cusj-ck reiterated her position that Mr. Covey should be permi-tted to
remain for the duration of his lease.
RECONVENE: Following a recess at 8:55 p.m.,
9:05 p.m., by Mayor Crosby.
the meeting was called to order atI
166
2. TENTATfVE SUBDIV ISION MAP APPROVED - L477 FLOR]BUNDA AVENUE - CONDOMINIUM
Mayor Crosby announced this was the time and place scheduled to conduct a public
hearing on the appeal of Miller, Starr & Regalia, Attorneys, in behalf of J'ohn M.
Johnson, General Contractor, from the PlanningCommission refusal- to approve a
tentative subdivision map that would allow an apartment building under construction
at 1477 Floribunda Avenue to be converted to a condominium project.
Acknowledgment was made of a letter dated March 26, L974, from the attorneys to
the City Council, signed by David M.Van Attardetailing the proponentsr arguments
to substantiate their appeal. Additional communications filed included copies
of letters from Mr. Van Atta to Robert Davidson, Director of Public Works,
February 14, 1974, and to the Planning Commission, February 25, L974. And from
the general contractor to the City Planner, March 18, 7974, providing information
as to costs incurred from beginning ofconstructionup to and including AugusL 2,
The City P]anner, invited by the Chair, initiated the discussion, explaining that
a building permit was issued in April, L973, for a 21 unit apartment building. At that
time, lL parking spaces for each dwelling unit were required under Emergency Ordinance
g7I. Subsequently, Ordinance 990 was adopted and became effective August 2, L973, te-
quiring at least 1% spaces for each dwelting unit, 2 spaces for 2 bedrooms or 2 potential
bedrooms, 2\ spaces for 3 or more bedrooms, and 80% of required parking to be
covered. The application to convert to condominium was presented to staff for
review after the effective date of the revised parking ordinance. this project
wiII have a total of 32 parking spaces, 22 covered, which means that each of the
2I units would have I covered spacei there would be 1 more covered space than
number of units and 10 surface spaces. Present regulations require a total of 38
spaces. There may be 30 or 40 people tiving in the building next year and it is
debatable whether the parking will satisfy the demand for residential and guest
parking.
The City planner stated that the problem of conversion of apartment buildings to
condominium is difficult. There is not much precedent in California or elsewhere
in the United States. The Planning Comrnission has been studying the matter for
several months. Suggested solutj-ons include (f) designation of specified locations
where condominiums would be permissible, (2) amendment of the subdivision code,
which would relate to subdivision maps only, (3) amendment of R-3 District Regulations
to provide for a special permit where an existing apartment building is proposed to
be converted to condominium.
Mayor Crosby asked the Director of Public Works to comment. He stated that when
the developers brought their proposal to staff last summer, he and the Planner
felt the subdivision map could not be approved unless there was compliance with
existing ordinances. A suggestion was made to the project engineer that neither
engineering nor planning departments could sanction the map unless a variance
application was submitted with reference to the parking. The developers did not
agree with this opinion and decided to take the map to the Planning Commission.
Referring to the Municipal Code, fitle 26 "Subdivisions", the Director of Public
Works quoted from Sections 26.08.020 and 030 and Section 26.24.O5O to sustain his
position that neither a tentative or final map may be approved unless the map
"meets all of the requirements of the code."
The City Attorney explained there appears to be a problem resulting from the desire
on the part of some people to impose upon this condominiurn subdivision map appli-
cation regulations which, as a matter of fact, have not been written. It may be
quite appropriate for the City to consider writing condominium regulations as it
may be empowered to write, having regard for the type of condominium with which
it will be confronted--new structures on vacant land and conversion of old structures-
The difficulty from a legal standpoint is attempting to impose any such regulations
upon this applicant, this property or this structure-
ft was the position of the City Attorney that, if the Cityrs authority to regulate
condominium conversion is to be tested, this i s not the case on which the test
should rest. He stated that upon pragmatic consideration, as weII as legal consid-
eration, this application should be granted. The Council shoutd be aware that what
is before it is an application under the Subdivision Map Act. This is not a zoning
application. The Council is not in the position where it can act under Title 25 of
the Municipat Code with respect to imposing reasonable conditions for conditional
use permits or variances {
L973.
167
The City Attorney noted this is a new structure, perfectly lawful at the time the
permit was issued and the construction apparently took place in accordance with the
plans on which the permit was issued. The applicant is endeavoring to change the
nature of the interest, which the occupants of the units will have, from tenant to
o!{ner. The concern here is a matter of title. He stated it would be grossly
unfair, in view of the apparently physical impossibilities, to torture this structure
into compliance with the more intensive parking requirements which were adopted
by the City in between the time the construction was substantially underway and
the application for condominium was filed.
Councilman Amstrup asked if the building permit was not granted for an apartment
building. The City Attorney confirmed this and that the building was in the
course of constructj-on when the new parking laws were adopted.
Declaring the hearing open, Mayor Crosby recognized the proponentsr attorney,
Mr. David M. Van Atta.
I,lr. Van Atta suggested that the primary issue appears to be one of occupancy,
whether this wilt be a building occupied by tenants leasing units in an apartment
complex, or owners, who will purchase and reside in the unit to which they hold
title.
Mr. Van Atta noted that, after valid building permits issued for the project and
construction undertaken, the City adopted a new parking ordinance. Presently, the
structure is in the state of construction where it would be difficult, in fact
impossible, to wedge in more parking spaces. Mr. Van Atta asked if nature of
occupancy was relevant. Can a determination be made that there is a greater number
of cars, one way or the other, between people who buy and people who rent?
Approval of the subdivision map will permit the units to be sold to individual
owners, people who are interested will buy. The owner recognizes that he'may
be limiting his market because of the parking situation, but this is not a J-egal
matter; there has been no violation of l-ocal ordinances.
Mr. Van Atta continued, pointing out that the Subdivision Map Act states, with
respect to condominiums, that they are subdivisions to be evaluated under specific
condominium ordinances. The City of Burlingame does not have such ordinance or
ordinances. The parking ordinance, which appears to be of some concern in this
instance, does not differentiate between condominiums and apartments. The building
was well under way when the new parking ordinance was enacted. What is requested
at this time is an overruling of the Planning Commission recommendation, based on
the Map Act and the practicality of this building. The developer will not quibble
with the Planner's remarks concerning the need for a study on conversion of
apartment buildings to condominium. There is nothing inherently wrong with such
conversions and these should be evaluated as good planning devices. But, for the
present, Lhe L477 Floribunda building complies with all existing ordinances and
offers a form of housing that is becoming increasingly popular.
There were no further cormnents from the floor. The hearing was declared closed.
Councilman Cusick asked the City Attorney if the City is forced to accept any
subdivision map that comes before it. He responded that if a map meets the
requirements of the Subdivision Map Act and the requirements of the Iocal subdivision
ordinancerassuming the ordinance to be within the purview of the Map Act, then the
City may not refuse the map, although certain modifications may be required.
Councilman Cusick then asked if the City must accept a subdivision map despite
the fact it violates the zonLng code. fn the present situation, the developer
is asking for approval of a map when he is in violation of parking regulations,
which are a part of the zoning code. The City Attorney explained that
zoning ordinances, to the extent they are not contradictory to the concept of
condominiums do apply, and that is the reason the reconnnendation was made earlier
this evening, and on other occasions, that a study needs to be undertaken to
explore the area of the zoning ordinances where condominiums can be regulated.
The Subdivision Map Act gives very limited areas of regulation. He stated he was
not prepared to assume, because he considered it argumentative and debatable, that
there would be, in effect, a blessing of a zoning violation if the condominium
application were approved.
I
16U
Councilman Cusick described this "a precedent-setting case as far as condominium
conversions" and asked for a delay of one month for the Council to be furnished
copies of the Subdivision Map Act for review. She expressed her intention of
abstaining if the matter does come to a vote tonight.
Councilman Harrison conmented that a city, to be viable, must maintain balance
between transient dwelling areas and residential areas. liowever, if the Council
were to set a precedent by approving this application, it wou1d be a bad precedent
for the City in his opinion.
Councilman Mangini asked for cl-arification on the options if the map is denied.
The City Attorney commented on the possibility of litigation if the application were
denied.
Mayor Crosby noted that the Planning Commission has been concerned with problems of
condominiums and conversions for several months and is attempting to prepare
regulations for the Council's consideration. In the meantime, the City Attorney
finds that the Council legally cannot deny the application at hand. Mayor Crosby
announced that he will accept the ruling of the City Attorney.
Councilman Amstrup recommended that the Council declare preparation of rules
applicable to condominium conversions a matter of first priority. He stated he
was not opposed to condominiums, per se, but to the idea of conversions.
Councilman Mangini j-ntroduced a motion to overrule the Planning Commission and
to approve the Tentative Subdivision Map prepared by Kirker, Chapman & Associates
for the condomj-nium projecE aE L477 Floribunda Avenue. The motion was seconded
by Councilman Amstrup, who clarified that he did this solely to protect the interests
of the City, and with regard for the City Attorney's position that this application
would be a poor case to attempt to defend in court.
The motion was declared carried on the following roll call:
AYES : COUNCf LIvIEN : Amstrup-Crosby-HarrJ-son-Mangini
NOES : COLINCILMEN: None
ABSTAIN COUNCILMEN: Cusick (for the reasons noted in the discussion)
Councilman Harrison asked if the City ean legislate a moratorium on conversions of
apartments to condominium. The City Attorney agreed to research this.
ACKNOWLEDGMEI\]'I
Mayor Crosby acknowledged the presence of former Councilman and Mayor, R. D. Martin
and his daughter Pam.
HEAR]NGS (cont. )
3. SIGN PERMfT TO BANK OF AMERICA APPROVED
Mayor Crosby announced this was the time and place scheduled to conduct a public
hearing on the appeal of Continental Service Company for the Bank of America from
the Planning Commission refusal to approve a double-face pole sign, l0 feet in
height, 50 square feet in area, on the site of the new bank at Chapin Avenue and
El- Camino ReaI.
The City Pl-anner reviewed proceedings before the Planning Commission, commencing in
December, L973, when an application was presented at the study meeting for a free-
standj-ng identification sign, 55 sguare feet in area, 20 feet in height. The Commission
was not receptive to the proposal and asked that a plan of total sign display be
submitted. This was done. of the various signs proposed, two exceeded maximum square
footage of 32 square feet, the pole sign and a waII sign facing E1 Camino Real,
requiring approval- of a special permit. After a public hearing in January that
was continued, Bank of America representatives reappeared before the Commission j-n
March and advised that the minimum the Bank coul-d accept for the pole sj-gn was I0
feet in height, 50 square feet in area. At the concl-usion of the hearing, the
Commission denied the permit on a vote of 5 to 2.
Reference was made to the minutes of the Planning Commission meeting on March 25,
specifically, the motion denying the sign permit. The City Attorney stated that
Commissioner Mink apparently intended by making the motion that the large sign
(,
169
would be eliminated and the remainder of the signs approved; and if the large
sign were not elimj-nated, then none of the other signs would be approved.
I,lr. Walter Perazzo and Mr. Gene lzuno of Continental Servi-ce Company represented
Bank of America.
Declaring the hearing open, the Chair recognized Mr. Perazzo. He noted there were
just two signs requiring a special permit, and guestioned validity of refusi-ng
all signs because of one unacceptabfe to the Commj-ssion, The El Camino frontage
is almost completely concealed by eucalyptus trees. It is felt that the
il-luminated sign at the EI Camino Real corner of the property will offer easy
identification to people not familiar with the area.
planning Conrnissioner Thomas W. Sine reported there were several different
versions of pole signs presented to the Commission. He made the suggestion
that the applicants come in with a Iow-profile design, similar to that at
Northern California Savings & Loan, but they did not find that satisfactory.
In response to Councilman Mangini, Commissioner Sine confirmed, that hazards to
traffic at the intersection was one of the reasons the Commission wanted a
lower sign.
During the discussion, Mr. Izuno indicated willingness to reduce height to 8 feet.
There were no further comments from the floor. The hearing was declared closed.
A motion was introduced by Councilman Mangini to overrule the decision of the
Planning Commission and to approve the sign program prepared by Continental
Service Company for Bank of America at El Camino Real and Chapin Avenue, on
the condition that the double-face pole sign (illuminated) indicated on plan
SN-I not exceed 8 feet in height from ground 1evel to top of sign, nor 50
square feet of area per face. The motion was seconded by Councilman Amstrup
and unanimously carried..
RECONVENE: Following a recess at 10:45 p.m., the Chair reconvened the meeting
at 1O:50 p.m.
HEAR]NGS (cont.)
4. ''THE BURLINGAME'' PROPOSED 23-UNIT CONDOMINfUM PROJECT, PARK ROAD.
ENVIRONMEI{IAI IMPACT REPORT NO. 27-P REVISED,
RECLASSIFICATfON PROPOSAL - C-I TO R-3.
Mayor Crosby announced the public hearing scheduled for this date on the EIR
and an application filed by Cyrus J. McMillan and Hugh F. Connolly for reclassi-
fication of three properties, cornmonly known as 25 t29 r33 Park Road, from C-I
(Commercial) to R-3 (Mutti-family Residential) .
Mayor Crosby acknowledged receipt of Planning Commission Resolution No. 3-74
recornrnending certification of the EfR and approval of the application for
reclassification.
The Chair declared the hearing open on Revised ElR 27-P.
fn response to Councilman Cusick, the City Planner confirmed that all of the
parking wiII be screened from view with the exception of three guest spaces at
the front of the building behind the front setback.
Mr. Sidney Badger, Badger National, Menlo Park, project developers, explained
that an effort was made to be conservative in approach to setbacks, building
height, parking, not only to make the development appealing to the community
but to potential buyers of the units.
Councilmen Amstrup and Harrison asked about building height. Mr. Badger stated
total height was proposed at 55 feet, including ten-foot parapet, but that may
not remain. Design modifications indicate that the building probably wiII not
be higher than 5I feet.
There were no comments from the floor in response to the Chair.
declared closed.
The hearing was
-7
17u
A motion introduced by Councilman Amstrup to certify EIR - 27P, Revised, prepared
by Hart, Krivatsy, Stubee for "The Burlingame" a condominium project on El Camino
Real and Park Road, was seconded by Councilman Mangini and unanimously carried.
RECLASSIFfCATION: Mayor Crosby declared the hearj-ng open on the application for
reclassification, and invited the City Planner to comment. He explained that
the three lots fronting Park Road are now in C-l zoning district, two lots
immediately behind and part of the site are in the R-3 zoning district on E1
Camino ReaI. The reclassification recommended by the Planning Commission wiII
reclassify the C-l lots to R-3.
There were no comments from the floor in response to the Chair. The hearing was
declared closed.
During a brief period of discussion concerning building height, and in response to
a question raised by Councilman Cusick whether the reclassification can be
conditional upon building height not exceeding 50 feet, Mr. Badger and the City
Planner pointed out that 55 feet is the permitted maximum in R-3 District. Mr.
Badger stated that the building will not exceed 51 feet.
A motion introduced by Councilman Mangini approving the application for reclassi-
fication of Lots 28, 3A, and 38, Block 3, Town of Burlingame from C-I (Commercial-
Retail Trades) to R-3 (Apartments and Mutti-family dwellings) and directlng
preparation of an appropriate ordinance for the Councilts consideration, was
seconded by Councilman Amstrup and unanimously carried.
The City Attorney explained it is not possible to have a conditional zoning so
the height limitation will not be contained in the rezoning legislation.
COMTYUNICATf ONS
t. TAXfCAB FARES Under date of April 5, L974, O1iver V. Nordby, President,
Bel-Mateo Enterprises, Inc. dba YellowCab Company of San Mateo, requested an
amendment to Section 6.36.120 of the Municipal Code to provide for an increase
in taxi fares as follows:
(1) First 1/8 mile 80f (current, first L/7 miLe 7OQ)
(2) Each additional 1/8 mile 10Q (current, each additionaL L/7 mile lOf)
The communication detailed increased operational costs as justification for the
increase.
The City Attorney was directed to prepare an appropriate ordinance for the Councilrs
consideration.
2. GRAPEIEAF RESTAURANT ENTERTA]NMEI+T PERMIT: Acknowledgment was made of a
communication from CarI M. Lollin, Chief of Police, dated April 3, L974, reporting
that the temporary permit was subject to review as of April 1, that the Police
Department has received no complaints concerning the establishment and does not
object to renewal.
With Council concurrence, Mayor Crosby authorized the entertainment permit for an
unlimited period.
3. SEISMIC SAFETY AND SAFETY ELEMENTS OF GENERAL PIJ\N: A TeComMCNdAtiON fTOM thc
City Manager, under date of April 11, L974, that Burlingame ;oin w ith other munici-
patities in seeking an extension of time of the State's September 20 deadline for
the adoption of the Seismic Safety & Safety Elements, in accordance with the
request of the County Planning Department, was concurred in by the Council. The
City Manager was authorized to proceed accordingly.
4. EL CAM]NO REAL I.ANDSCAPfNG ROSEDALE/DUFFERIN
fn a corununication dated April 1I, L974, the City Manager reported it will be
necessary to request an encroachment permit from the Department of Transportation
if the City is to proceed with landscaping of State lands; also, the Council
should authorize invitation to bidders. The Council directed the City Manager.^
to proceed accordingly. I
t71
RESOLUTIONS
1. RESOLUTION NO. L8-74 "Resolution To Establish Procedure fn Determining A
3-Year Program For Federal Aid For The Urban System" (appointing Director of
public Works to San Mateo County Urban System Technicat Advisory Consnittee) was
introduced by Councilman Amstrup, who moved. its adoption, second by Councilman
Mangini and unanimously approved on roll call.
2. RESOLUTION NO. L9-74 "Declaring Noxious And Dangerous Weeds And Rubbish A
Nuisance In Accord With Municipal Code Chapter I 1.08" was j-ntroduced by Councilman
Amstrup, who moved its adoption, second by Councilman Mangini and unanimously
approved on roll caII.
ORDTNANCE
1. ORD]NANCE NO. 1005 "An Ordinance Amending The Municipal Code Of The City
Of Burlingame By Adding Subparagraph 6l To Section 13.20.010 And Providing For
An Intersection Stop For Vehicles Traveling On Rivera Drive And Approaching
The fntersection of Sebastian Drive" was introduced for first reading by
Councilman Harrison.
STAFF MEMORANDUMS
1. Bird Sanctuary Sign: A reconmendation from the City Manager, dated April Il,
that the sign donated by the Burlingame Bird Sanctuary Committee be installed
by the Park Department was accepted.
2. Special Study Meeting: Under date of April 10, the City Planner extended an
invitation to the City Council to attend the meeting on Saturday May 4, aE 9:30 a.m.,
to review Anza Master Pl-an Draft Tentative Environmental Impact Report - E1R-28P.
PROCLAMATIONS: Itayor Crosby announced the following:
suNDAy, MAy 5, 1974, "BrNAr BrRrrH WOMEN'S DAy rN THE CrrY OF BURLfNGAME."
MAY 5 THROUGH MAY 12, L974 ''GOODWfLL INDUSTRIES WEEK.''
UNFINISHED BUSfNESS
1. Police Station Committee: Councj-lman Mangini reported there will be a meeting
on Tuesday, April 23. His request for Council approval of an expenditure of $150.00
for appraisal fees was granted.
2. Loeal Agency Formatlon Commission/San Mateo County Harbor District: fn response
to Councilman Cusick, the City Attorney reported on his attendance at a recent
meeting of LAFCO as an observer. He stated there is still time for this City to
file its petition for detachment from the District if that is the wish of the
Council. There is no need for haste and he would prefer to assess the situation
further.
NEW BUSfNESS
I. Proposed Relocation San Francisco Southern Pacific Depot: Councj-lman
Amstrup referred to a resolution adopted by the City of Belmont requesting
Metropolitan Transportation Commission assistance to invalidate an order of the
Public Utilities authorizing demolition of the existing station and construction
of a new terminal at Fourth and Townsend Streets. There appears to be strong
opposition to the relocation because of inconveniences resulting to commuters,
and adverse long-range impact on the use of Southern Pacific facilities for
mass transit serving Peninsula commuters. The City Manager was requested to
obtain a copy of the Belmont resolution for the Council's information.
2. "My Town, Burl ingame" The Council and audience heard a taped rendition
of this song composed by Wilbur Stump.
ACKNOWLEDGME}TIS
1. Communication from Jean Fassler, Chairman, County of San Mateo Board of
Supervisors, April 4, L974, concerning proposed restructuring of planning and
transportation committees, referred to City Manager for reply.7
l-[ 2
2. John Horgan, 701- Howard Avenue, suggestion that Burlingame Avenue on Sunday
in the summertime be closed to automobiles and bicycles and open to pedestrian
traffic only. Councilman Cusick suggested this might be implemented in connection
with "Burlingame Days" celebration.
3. Correspondence from R. Sanborn Towle to Councilman Mangini, April 9, L974,
and from Wilma Myhre, Chairman, Burlingame Civic Arts Council, April t, L974, Lo
Robert Leahy, Chairman, Park & Recreation Cornmission, concerning procedures in the
Recreation Department and the Civic Arts Council.
4. Anza Pacific Corporation, April I0, L974, progress report on removal of
unnecessary roof and pole signs within Anza Airport Park.
5. Letter of protesL, March 26, L974, Mr. Zygarewicz, 3032 Alcazar Drive, stop
signs on Trousdale Drive. Mr. C. Johnson, 2600 Martj-nez Drive, April 3, L974,
objecting to proposal that leashed dogs be banned from parks. Jean Flanagan,
President, O.L.A. Women's Club, April 4, 1974, approval of childrenrs art post
card sa1es.
REPORTS: Chamber of Commerce quarterly report, April 1, through June 30, L974,
appr-rea on motion of Councilman Mangini, second by Councilman Amstrup and
unanimously carried.
2. Police and Fire Department activity reports, March, L974.
3. Minutes: Planning Commission, March 25, ParkingrMarch.2T, Civic Arts Council,
M.rchJg=-.autif ication Commission, April 4, Lg7 4.
Councilman Amstrup questioned an item in the Parking Commission minutes of March 27
indicating the Cormnission intends to contact the Board of Trustees concerning
parking and traffic in the area of Coolidge School. He pointed out that this is
an issue under negotiation between the Council and the Board.
The City Attorney stated that the commissions are advisory bodies not authorized
to make contact with other agencies unless approved by the Council.
APPROVALS
Warrants: Nos.57L5 through 5979, in the amount of $2631903.78, duly audited,
were authorized for payment on motion of Councilman Cusick, second by Councilman
Amstrup and unani$ously carried.
Payroll: March, L974, Checks Nos. 201800 through 2Lr5L5, in the amount of
$264r7L8.78, approved on motion of Councilman Cusick, second by Councilman Amstrup
and unanimously carried.
ADJOURNMEM:The meeting regularly adjourned at lI:30 p.m.
Respectfully submitted,
H tK.City C1l-'
APPROVED:
/u
William J. Crosby, Mayor