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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