HomeMy WebLinkAboutMin - CC - 1975.04.07Burlingame, California
April 7, 1975
CALL TO ORDER
A regular meeting of the Burlingame City Council was
date in the City Hall Council Chambers. The meeting
at 8:23 P.M. by Mayor Irving S. Amstrup following an
on personnel matters.
held on the above
was called to order
Executive Session
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Gerald A. Nordstrom, Chief of
Police.
ROLL CALL
Council Members Present: Amstrup-Crosby-Cusick-Harrison-Mangini
Council Members Absent : None
MINUTES
The minutes of the regular meeting of March 17, 1975, previously sub-
mitted to the City Council, were approved and adopted.
HEARINGS
1. AMERICAN INTERNATIONAL RENT -A -CAR, 1288 BAYSHORE HIGHWAY
PERMIT APPROVED FOR EXISTING SIGN 25 FEET IN HEIGHT IN -C-4 DISTRICT
Mayor Amstrup announced this was the time and place scheduled to con-
duct a public hearing on the appeal of Councilman Harrison from
Planning Commission grant of sign permit for the above firm.
At Mayor Amstrup's invitation, Councilman Harrison discussed the reasons
for his appeal. After reading Planning Commission minutes and issues
raised at that hearing, he was concerned with: 1. This sign is higher
than what is presently allowed in the C-4 District. It is non -conforming.
2. As one looks at the sign, there seems to be a question of whether
it is a roof or pole sign. The sign is affixed to three poles, one part
an overhang of the entrance. Since the Council is studying a roof sign
amortization schedule, it seemed there should not be carte blanche
approval for time immemorial. 3. The sign has been on the property for
several years. When the new owner took possession, he altered the sign
copy. At the Planning Commission level, it was pointed out that the
non -conforming sign should have been removed when ownership changed.
The City Planner, responding to Mayor Amstrup, informed the Council that
the permit was approved by the Planning Commission on a vote of 4 to 3.
One commissioner requested that the sign be lowered from 25 to 20 feet,
which is now the permitted height of pole signs in the C-4 District.
The applicant felt that would be considerably more expensive than he
wanted to experience.
Declaring the hearing open, Mayor Amstrup accorded the privilege of the
floor to the proponents.
Cyrus J. McMillan, Attorney -at -Law, appeared in behalf of the applicant
and owner of the business, Thomas Leonardi. Mr. McMillan informed the
Council there was a full and fair hearing by the Planning Commission,
that all of the commissioners had opportunity to view the sign, and that
there were no protests from other property owners in the area. He
explained this is not an application for a new sign but for permission
to change lettering on an existing sign. Under the circumstances, in his
opinion, there is some uncertainty that a permit is required by ordinance.
The sign was built in November, 1966, pursuant to a building permit
duly and validly issued. The sign has been used for car rental purposes
since 1966. The sign was conforming when constructed. The only change,
other than repairs, was inserting "American International Rent-A-Car"
in place of "Thrifty Rent-A-Car."
Mr. McMillan continued: 1. The sign is higher than permitted height
at 25 feet instead of 20. At the time of construction 25 feet was legal.
2. The question has been raised whether this is a pole or roof sign.
Mr. McMillan handed photographs to the City Council to show supporting
structures and to substantiate the applicant's claim that it is a pole
sign. Furthermore, Mr. McMillan noted, the minutes of the Planning
Commission hearing indicate the Commission felt it was a pole sign.
3. Sign copy was changed but the building was occupied for rent -a car
purposes at all times.
Mr. McMillan stated there are many car rental agencies in the area in
close proximity to the airport. One of the problems is providing
adequate identification to customers so they can return the vehicles
to the proper agency. Five traffic signals in front of American's
building can be confusing to people not familiar with the area. For
these reasons, the applicant considers the sign necessary to the
business. Mr. McMillan submitted that the Planning Commission was cor-
rect in its determination. Because the sign was entirely conforming,
a building permit was issued. In his judgment, there is no reason why
the sign should not remain for the purposes for which it was approved.
There were no further comments from the floor. The hearing was
declared closed.
At Councilman Harrison's request, the City Attorney read the definition
of a roof sign recently adopted by the City Council --Ordinance No. 1023.
Councilman Harrison asked the City Attorney, based on the definition,
if he would define the sign depicted in the photographs furnished by
Mr. McMillan as a roof sign. The City Attorney responded that he was
not sure. Councilman Harrison expressed the opinion it is a roof sign
and asked that it fall under the amortization policy by limiting the
permit to a specific time.
The City Attorney, responding to Councilman Mangini's request for clarifi-
cation on legality of the sign, explained that when a new business
replaces a prior occupant, and there is a change in sign copy, a new
sign is created under administrative interpretation. That was the
reason the sign came to the Planning Commission --a new sign, non-
conforming. The ordinance now requires a permit from the Planning
Commission.
Mayor Amstrup commented there appear to be two areas of question:
1. Is this a roof sign? 2. If it is, will the sign automatically be
subject to amortization?
The City Attorney suggested that the Council not presume this to be a
roof sign.
Councilman Cusick asked if the applicant's attorney would be willing
to concede this is a roof sign that will exist until the City Council
proceeds with amortization.
Mr. McMillan indicated reluctance to give a firm answer until there is
information as to the amortization ped.od and whether or not all other
car rental agency signs will be removed. He stated his client will be
willing to cooperate but will expect equal privilege if other rent -a -car
signs remain.
Councilman Crosby referred to a statement in the Planning Commission
minutes of February 10 "It was established, however, that it was a pole
sign." He asked the City Planner if the Planning Commission established
this as a pole sign. The City Planner responded "yes."
Councilman Crosby asked the City Planner whether it is a pole or roof
sign. The Planner stated it is his understanding it is a pole sign.
He explained that the building was constructed around the pole sign.
There are poles in the foundation in the ground below the building floor
slab and one of the poles is a free-standing member that goes to the
ground. It appears as a roof sign but it is a pole sign. Councilman
Crosby suggested that the applicant might be asked to reduce the height
five feet to conform to the 25 foot maximum for pole signs. He com-
mented that this appeared to be a matter of concern to the Planning
Commission.
Councilman Harrison noted that the Planning Commission minutes indicate
2,
the sign encroaches into the front setback. The City Planner confirmed
this, advising that the building and the sign both are non -conforming
because of encroachment into the front setback.
Mayor Amstrup asked Mr. McMillan to comment on a five foot reduction in
height. The latter stated his client was not receptive because the sign
was built according to a permit issued by the City of Burlingame and,
further, estimates received indicate a cost of $5000. Mr. McMillan
advised his client would be willing to consider lowering the sign if
thereisuniform.application to all car rental agency signs and upon
presentation of all of the facts concerning treatment of all competitors'
signs.
In response to an inquiry from Councilman Harrison, the City Planner
reported it is a matter of Planning Commission policy to request an
application for a new sign where there is new copy on a non -conforming
sign. The sign code is clear, after a property is vacated, that the
building inspector must give written notice for removal of the sign.
That was not done in this case. A new company leased the property and
made sign wording change without a permit. It was after the fact
that the application was presented to change sign copy.
Councilman Crosby asked for comments from Planning Commission members
in attendance on why they thought the sign was proper and why the permit
was granted. Charles W. Mink, Chairman, reported he voted against the
sign for many of the same reasons recited by Councilman Harrison.
Commissioner Everett K. Kindig explained he voted in favor because if
there was going to be a sign there, one that he personally disliked, the
difference between 25 and 20 feet did not make that much difference in
his estimation. He reported he was not pleased that the applicant
altered copy prior to obtaining a permit.
A motion by Councilman Harrison to overrule the action of the Planning
Commission in approving the permit, in view of his and other comments,
because of roof sign amortization studies in progress, and because of
precedent setting implications present in all City Council processes,
was seconded by Councilman Cusick.
In response to an inquiry from Councilman Cusick, the City Attorney
advised that passage of the motion would require the applicant to pursue
abatement of the sign.
Councilman Crosby pointed out that the sign reduced to 20 feet would
remain in the front setback.
Councilman Harrison explained that the intent is not to prejudice any
future application for a sign that would be conforming.
During a period of comment, Mr. McMillan stated that setback did not
appear to be of concern to the Planning Commission.
Councilman Mangini commented that the sign is not defined as a roof
sign. It was constructed as the result of a permit issued by the city.
In his opinion, it would be unfair to require its removal.
Councilman Cusick asked if approval of the sign as it exists will deprive
the City Council of its legal options with respect to disposition of
the sign when amortization is implemented.
The City Attorney suggested the Council may wish to consider modifi-
cation of the roof sign definition.
Councilman Harrison endorsed the City Attorney's suggestion, commenting
that a change in definition could encompass the subject sign and others
like it, thereby eliminating the obviously gray areas in the present
definition.
Mayor Amstrup recalled that the City Attorney was reluctant, earlier
in the discussion, to categorize the sign as a roof sign and felt it
could be difficult to defend in court.
Councilman Harrison announced, in view of the City Attorney's position,
that he would withdraw his motion (Councilman Cusick, the second,
acquiesced) and move to sustain Planning Commission approval of the
permit. Motion seconded by Councilman Mangini, all aye on roll call.-
P � •'Y 3_/
2. APPEAL FROM PLANNING COMMISSION SPECIAL PERMIT FOR BUILDING TO
EXCEED 35 FEET IN HEIGHT: CASA AMIGO - PROPOSED RESIDENTIAL
HOME FOR ACTIVE ELDERLY MYRTLE ROAD AND BURLINGAME AVENUE.
Mayor Amstrup announced that he initiated the appeal hearing because
there appeared to be a number of topics to be explored and decisions
to be made by the City Council.
The City Planner, invited by the Chair to comment, reported the prop-
erties are in an R-3 District where maximum building height was 55 feet
until an ordinance adopted last year established a threshold of 35 feet;
any building exceeding 35 feet in height in R-3 is subject to special
permit approved by the Planning Commission. This building is 52 feet
in height. It satisfies all zoning ordinance regulations, including
parking, and was approved by the Planning Commission on a vote of 5 to
2 after a public hearing. He stated there were references to utilities
during the course of the Commission's hearing.
Transparencies projected and discussed by the City Planner covered site
and first floor plans, parking plan, typical floor plan, and elevations --
Myrtle Road and Burlingame Avenue.
Declaring the hearing open, Mayor Amstrup recognized the applicant,
Mr. Roy Johnson, 409 Alberto Way, Los Gatos. Mr. Johnson stated the
project will offer a form of housing important to the community. Size
of structure and number of units were planned to qualify under FHA
financing. Lower and middle-income people can be accommodated, which
would not be possible under other types of financing. With respect to
sewer and water services, Mr. Johnson stated the building will dispose
of as much water into the system as a 20 to 25 unit apartment, approxi-
mately 7,000 to 7,500 gallons per day. On the fire flow, Fire Chief
Moorby appeared to consider the existing 2,500 GPM adequate, since
this will be a fully sprinklered building.
SUPPORT: Mr. Dean Meyer identified himself as a former 30 -year resi-
dent of Burlingame and owner of vacant land presently used
for parking opposite the Johnson property. Mr. Meyer supported the
project because there has been little done in this City to meet housing
needs of the elderly. He stated that this development will require
less in the area of city services such as education, police and fire,
than single-family dwellings for a comparable number of people. The
location is unique, convenient to recreation, shopping, and transpor-
tation. From the standpoint of traffic, impact should be minimal.
OPPOSITION: Mr. Richard T. Perry, 601 Concord Way, stated this section
of Burlingame Avenue is narrow, the street is parked solid
daily from the tennis courts to the Recreation Center, and additional
traffic to be generated by this development will compound existing
hazards. High buildings with concentrations of population should not
be permitted in predominantly single-family areas.
Eunice Morrow, 301 Bloomfield Road, considered building design unattrac-
tive and the use incompatible in an R-1 neighborhood.
Mrs. Marjorie Taylor, 701 Burlingame Avenue, echoed Mr. Perry's comments
relative to on -street parking. She maintained there will be impact on
traffic directly related to the development because of additional
delivery and service trucks coming into the area. Further, there are
locations other than this community of small homes that can adapt more
readily to big buildings. Because staff considers the sewer system
"marginal," this suggests there probably will be problems. Mrs. Taylor
requested the City Council to consider acquisition of some of the prop-
erties on the opposite side of Burlingame Avenue from the Recreation
Center for expansion of community park and cultural facilities.
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There were no further speakers from the audience. The hearing was
declared closed.
Mayor Amstrup mentioned a proposed dining room, expressing concern
this could be the start of a retail business if service were not con-
fined to residents. He asked about the beauty shop and was informed
by the City Planner that the applicant stated to the Planning Commis-
sion this would be for the occupants exclusively. Mayor Amstrup
stated his primary concern is with sewer and water.
Councilman Mangini asked for clarification on Social Supplemental
Income.
Mr. Blaine Walling, Jr., responded that the term has been established
by the federal government, replacing what was formerly welfare and
OAS --Old Age Supplement. This is a form of grant given at the current
time by the federal government under the Social Security administration
to help people in this age bracket meet financial needs when entering
a home such as Casa Amigo. People receiving some Social Security,
supplemented with welfare, receive $303.00 a month; those receiving
welfare only are granted additional funds for a total of $283.00
monthly. At the homes, a budget of $283.00 provides semi -private
accommodations. The rate is $250 and the individual has $33 for
personal needs. Those receiving $303 pay $270 for accommodations
with an equal $33 for personal use.
Councilman Mangini asked if people with incomes of $303 and $283 will
be admitted to Casa Amigo. Mr. Walling stated this is correct. They
would have all of their meals seven days a week, daily housekeeping,
laundry and transportation. Medication is not included but persons
on SSI would have Medical, which subsidizes drug costs.
Mayor Amstrup asked Mr. Walling if he was speaking only of ambulatory.
Mr. Walling explained that, for the most part, residents are ambulatory.
Some considered non-ambulatory are assigned to first -floor rooms. They
use pick-up walkers or wheelchairs but can make the move from bed to
wheelchair without help.
Mayor Amstrup then asked about treatment that can be expected when an
80 -year-old, for example, may become senile. Is this person asked to
leave? Mr. Walling stated that the measure of determining whether or
not a person can remain is that person's ability to comprehend and
follow instructions to vacate the building in case of emergency. He
stated that senility does not occur overnight. It is a progressing
condition and when supervisors or administrators recognize the symptoms,
relatives or the case social worker is alerted and arrangements made
for transfer to a convalescent hospital where suitable care is available.
In response to an inquiry from Councilman Harrison, Mr. Walling stated
the building has been designed to accommodate active elderly persons.
It will not lend itself to remodeling to a convalescent hospital.
Councilman Crosby asked the City Engineer about adequacy of sewer system
and whether tests have been made. The latter advised that studies have
not been completed. Councilman Crosby asked if sewer facilities are
considered adequate. The City Engineer responded they are marginal.
He stated that if a new sewer system was designed for the area, and
pertinent information was available on the Casa Amigo project, the new
system would be larger than the existing.
Councilman Crosby stated there have been occasions when the City requested
developers to participate in new sewer construction. Councilman Crosby
stated that two members of the Planning Commission who voted against the
project were concerned with utilities. He, too, shares their concern but
questions whether the problem can be resolved until engineering studies
have been completed.
Mayor Amstrup reported he has been discussing a 5 -year plan of sewer
system reconstruction with the City Engineer.
if
The City Engineer reported that,/studies in progress show this to be
a priority area, the system will be improved; otherwise, there will
be no scheduled improvements. He mentioned a cost of $10,000. to
replace sewer line on Myrtle Road from Burlingame Avenue to Howard
Avenue.
Councilman Crosby asked who designates priority areas. The City
Engineer stated that in the studies in progress he has asked for a
rating of each of the sanitary sewers as to capacity and actual flow.
In the event flow exceeds capacity, ratio will be established and
the consultant will recommend to the City a 5 -year capital improvement
project to abate excessive ratios. Whether or not Myrtle Road will
be a priority area depends upon ratios.
In response to inquiries from Councilmen Crosby and Mangini concerning
financing improvements, the City Engineer expressed a personal prefer-
ence for the 5 -year capital improvement project financed through
general fund and income from sewer rental fees.
Further in response to Mayor Amstrup and Councilman Crosby, the City
Engineer said that the City has installed new water lines and, in
some instances, requested developers to contribute to costs. Water
main improvements program is being financed through general. fund and
water sinking fund.
Councilman Harrison asked the extent of improvements covered by the
$10,000. The City Engineer responded- the sewer line on Myrtle Road
from Burlingame to Howard Avenue. He mentioned there have been
continuing maintenance problems at Howard and Myrtle Road.
Councilman Harrison asked the City Manager if water and sewer improve-
ments in East Burlingame would meet the criteria for Housing and
Community Development Act funds. The City Manager confirmed this
would be an eligible activity under the Act.
Mayor Amstrup asked when engineering studies will be completed. The
City Engineer advised the contract requires completion by the end of
June. There probably will be a draft final report in May.
The City Attorney advised that a parcel map will be necessary if the
project is approved. Conditions with respect to public improvements
are normally a part of the map.
In response to an inquiry from Councilman Cusick, Mr. Walling stated
there will be 104 residents, possibly 20 will be accepted under the
SSI program. Councilman Cusick stated a recent press item quoted
monthly rates at $400 and $500. Mr. Walling stated the figures were
accurate but a certain number of SSI people will be accommodated.
Councilman Harrison asked if the situation might develop where, if
the facility proved very successful because of the number of applicants
willing to pay maximum fee, that SSI applicants would not be admitted?
Mr. Walling stated the developers work closely with State and County
agencies and believe it is to their advantage to accommodate SSI people.
Councilman Harrison asked if the permit could be conditioned upon a
minimum of 15% SSI guests being admitted. The City Attorney indicated
this would be possible.
Mayor Amstrup recommended that the permit be conditioned upon the use
extending to the total property, not just the building.
Mayor Amstrup asked for comment from Fire Chief Moorby. The latter
0 �0
stated that fire flow meets requirements under present conditions.
There is sufficient flow at 2,500 GPM to satisfy the underwriters for
sprinkling the building. The system is adequate with the exception
that there might not be full 2,500 GPM available if there are other
developments in the area. This situation is developing all throughout
the City.
In reponse to Councilman Harrison, Mr. Johnson reported the sprinkling
system is mandatory throughout the building. It is a requirement of
the State Fire Marshall and the building cannot be built without it.
The Chief Building Inspector raised questions of compliance with State
requirements for the handicapped. Mr. Walling stated there will be
full compliance; plans were reviewed and accepted by San Mateo County
Department of Social Welfare.
Following a recess at 9:55 p.m., Mayor Amstrup reconvened the meeting
at 10:07 p.m.
Mayor Amstrup asked for a consensus of the Council.
Councilman Harrison felt the type of project was long overdue. Approval
should be conditioned upon acceptance of a minimum of 15% of residents
receiving SSI benefits.
Councilman Crosby indicated no objection to the project and believed it
would fill a need in the community. He asked if the developer would be
amenable to a stipulation on financing of sewer improvements.
Mr. Johnson stated that when this subject was discussed at the Planning
Commission he thought a quarter of a million dollars was involved. If
the City Council is discussing $10,000, he will not worry about it.
In response to questions from Mayor Amstrup concerning a condition that
the building use not be changed from that discussed, and from Councilman
Mangini concerning restrictions on dining room and beauty shop to
occupant use exclusively, Mr. Johnson informed the Council that the FHA
40 -year mortgage specifically spells out the uses and conditions, the
operation will be audited annually by FHA. The City Attorney stated he
would be interested in examining the FHA document.
Councilman Crosby moved to sustain the decision of the Planning Commission
in approving a special permit for a building exceeding 35 feet in height
at Myrtle Road and Howard Avenue for the purposes of Casa Amigo, a
residential building for the elderly, in accordance with preliminary plans
on file, on the condition that the developer's agreement to contribute a
sum of $10,000 for sewer system improvements on Myrtle Road between
Burlingame and Howard Avenues, shall be forwarded to the City Council
concurrent with the Parcel Map. Motion seconded by Councilman Mangini.
Unanimously carried on roll call.1z.
COMMUNICATIONS
1. PARCEL MAP CREEKSIDE NO. 2
In a communication dated March 28, 1975, the Director of Public Works
forwarded to the City Manager for City Council consideration a parcel
map of the property at 1521-23 Cabrillo Avenue providing for a minor
property line adjustment to eliminate an encroachment of an existing
building over a property line, approved by the Planning Commission at
its regular meeting on March 24. In an addendum to the communication,
the City Manager recommended approval of the map.
A motion by Councilman Harrison, seconded by Councilman Crosby and unani-
mously carried approved "Parcel Map, Creekside No. 2, being a resubdivi-
sion of Lots 2 and 3, Creekside."
2. RENEWAL OF COUNTRY ROAD DANCE PERMIT 1425 BURLINGAME AVENUE.
Consideration of the above matter was postponed to the meeting of
April 21, upon advice from Mayor Amstrup that he had received a
telephone request from Mr. Frank Perez, owner, for a continuance.
3. SIMULATED BATTLE OF LEXINGTON AND CONCORD
LOCAL INTERMEDIATE AND HIGH SCHOOL STUDENTS
A communication dated March 31, 1975, was acknowledged from A. Hugh
Livingston, District Superintendent, announcing the above event to
take place on Friday, April 16, in parts of Millbrae, Burlingame and
San Mateo. In his letter, Dr. Livingston expressed appreciation to
the City Council for the high degree of cooperation received from
the City Bicentennial Commission, the City Police Department and
other personnel of the City Staff.
Councilman Mangini, Assistant Principal at Burlingame High, School,
stated that the battle will take place two different times at the
Washington Park outfield,and the last activity will be a skirmish
along the Southern Pacific right-of-way from Murchison Drive to
Burlingame Avenue.
MAYOR'S REPORTS
INSPECTION OF HOMES: For the benefit of the audience and the two
Council members absent from the last study meeting, Mayor Amstrup
announced he requested that the City Council not initiate the home
inspection program. The members who were present supported his
position. It was agreed to abandon the idea.
PRIORITY PROJECTS: A priority list was discussed so that staff
would be aware of the City Council's aims. It was decided, that the
police station and parking would be pursued simultaneously.
Councilman Cusick asked for additional information on the precise
increase in size considered for the police station. She recalled
that former Chief of Police Lollin believed there would not be
additional police facilities needed, nor additional officers, as a
result of the Anza development, because Anza would have its own patrol.
Councilman Harrison mentioned that depression of the Southern Pacific
tracks at Broadway to relieve traffic congestion there was also con-
sidered a priority project. There will be assistance from other
agencies to help the City finance.
RESOLUTIONS
1. RESOLUTION NO. 21-75 "Accepting Grant Deed From Wayne Florin Rhoads
and Anita M. Rhoads, Dated March 18, 1975" was introduced by Councilman
Harrison who moved its adoption, seconded by Councilman Crosby and
unanimously carried on roll call.
Mayor Amstrup explained the City is acquiring a parcel lying along
Mills Canyon to provide an access road for maintenance crews.
ORDINANCES -- Second reading:
1. ORDINANCE NO. 1033 (continued) "Adopting by Reference -The Uniform
Building Code, 1973 Edition, and The Appendix Thereto, Making Findings
Concerning Changes and Modifications of Said Code, The Uniform Building
Code Standards, 1973 Edition, The Uniform Mechanical Code, 1973 Edition,
The Uniform Plumbing Code, 1973 Edition, The Uniform Code For Abatement
of Dangerous Buildings, 1973 Edition, and The Uniform Housing Code,
1973 Edition, and Amending,Adding and Repealing Certain Chapters and
Sections of The Burlingame Municipal Code."
Acknowledgment was made of a communication dated April 7, 1975, from
Thomas J. Hunter, Business Manager, Plumbers and Steam Fitters Local
Union 467, 1519 Rollins Road, requesting that adoption of the above
legislation be delayed to another meeting because a prior commitment
precluded his attendance at the meeting this evening.
Mayor Amstrup and Councilman Cusick both mentioned they had questions
concerning some of the provisions of the Ordinance.
In response to Mayor Amstrup's inquiry, there were no objections voiced
by Council members to a continuance to the meeting on April 21.
2. ORDINANCE NO. 1034: "Amending Section 17.04.210 Of The Municipal
Code Concerning Automatic Sprinkler Systems In Certain Buildings."
Robert H. Brown, 840 Hinckley Road, Real Estate Broker, addressed the
Council. He stated that between the Uniform Building Code and the
Zoning Code, there is adequate protection and whatever small benefit
would derive from the sprinklers, the cost is very high and the burden
unevenly distributed. He stated that his concern is that the City
Council will be as concerned with the budgets of the people who build
and own warehouses as they are with the budget of the City.
Following comments from the Chief of the Fire Department expressing
accord with the legislation, Ordinance No. 1034 was given its second
reading. On motion of Councilman Harrison, seconded by Councilman
Cusick, said Ordinance passed its second reading and was unanimously
adopted on roll call.
3. ORDINANCE NO. 1035 "Amending Section 15.04.030 And Adding Sections
15.04.050 And 15.04.060 To The Burlingame Municipal Code Concerning
Water Connections" was given its second reading. On motion of Council-
man Harrison, second by Councilman Mangini, said Ordinance passed its
second reading and was unanimously adopted on roll call.
ORDINANCES - Introduction of:
1. ORDINANCE NO. 1036 "An Ordinance Amending Section 25.12.010 Of
The Burlingame Municipal Code And The Zoning Maps Therein Incorporated
By Reclassifying Lots 3 And 6 Of Block 2; Lots 5 And 6 Of Block 3;
And Lots 3,4, And 5 Of Block 4, Burlingame Park No. 2; And Lots 11-B,
21-A And 22, Block 2, Town Of Burlingame, From First Residential,
R-1 District, To Third Residential, R-3 District" was introduced for
first reading by Councilman Crosby.
2. ORDINANCE NO. 1037 "Amending Chapter 25 Of The Municipal Code
Concerning Off -Street Parking Requirements In C-4 Districts, Lot
Coverage, Set -Back And Landscaping Requirements In M-1 District, Lot
Coverages In Residential Districts And Eliminating Use Variances"
was introduced for first reading by Councilman Cusick.
3. ORDINANCE NO. 1038 "Amending The Municipal Code By Adding Sub-
paragraph (u) To Section 13.36.010 Prohibiting Parking On Airport
Boulevard" was introduced for first reading by Councilman Harrison.
STAFF REPORTS
1. Determining Conformity With General Plan: Under date of April 1,
the City Planner forwarded to the City Council the following Planning
Commission documents pursuant to Government Code Section 65402:
1. Resolution No. 5-75 "Resolution Determining Conformity With
General Plan - Barnett Property,"
2. Resolution No. 6-75 "Resolution Determining Conformity With
General Plan, Lot No. 4, Viewlands Estate,"
3. Resolution No. 7-75 "Resolution Determining Conformity With
General Plan, Lands Of Kliewer And Molakidis."
2. Cost of Bus Shelter Glazed On Three Sides: In a communication
dated April 3, 1975, to the City Manager, the Transportation Officer
described features of the Sunshade Canopy type of bus stop shelter
that is available at a cost of $1537 installed on site, and a standard
model with glazing on three sides at a cost of approximately $3200.
In a memorandum to the Council, the City Manager suggested installation
of one model with glazing, the more -enclosed shelter, to test its
feasibility.
Following a brief period of discussion, Councilman Harrison. moved to
authorize an expenditure of approximately $3200 for the glazed
structure. Motion seconded by Councilman Crosby and unanimously car-
ried. There appeared to be agreement by the City Council that the
shelter will be installed on California Drive opposite Burlingame
Avenue Southern Pacific Depot.
STUDY MEETING CONSENT CALENDAR ITEMS FOR OFFICIAL ACTION
1. Classification and Salary Survey: Councilman Crosby moved to
authorize the City Manager to enter into and sign an agreement with
the State of California, State Personnel Board, Cooperative Personnel
Services Division, for the purpose of performing a position classifi-
cation and salary survey for the City of Burlingame along with review
period and appeal analysis. Motion seconded by Councilman Harrison,
all aye voice vote.
2. Community Development Act: Councilman Mangini moved to authorize
the City Manager to enter into and sign the First Amended Cooperation
Agreement with the County of San Mateo for the purpose of their
using our population base, and enabling the county and city to cooperate
in undertaking essential community development activities under the
Community Development Act of 1974. Motion seconded by Councilman Har-
rison, all aye voice vote.
3. outfall Line Appraisal: Councilman Harrison moved to authorize
hiring of appraisal assistance for the acquisition of an easement
for our sewer outfall line through City and County of San Francisco
property. Motion seconded by Councilman Mangini, all aye voice vote.
4. Second Appraisal of Carolan Avenue Properties: Removed from
consent calendar.
COUNCILMAN MANGINI REPORTS
911 Emergency Number Plan: The Civil Defense and Disaster Council
met on March 6 and endorsed the approach for 911 funding taken by
AB 416 introduced by Assemblyman Warren which would tax intra -state
telephone calls. These funds would be distributed to local agencies
for planning implementation and other on-going 911 costs.
The Civil Defense and Disaster Council is going to the San Mateo County
Criminal Justice Council for over $100,000 grant for microwave improve-
ments and technicians to help all cities in planning communications
upgrading, whether they join one of the Public Safety Answering Points
(PSAP) or stay by themselves. At the present time, there are three
PSAP_`s being planned, north, Central and south county. Atherton,
Belmont, Burlingame, Daly City, Redwood City and Menlo Park will go
alone at this time.
All facts gathered from all of the studies will be available to all
jurisdictions and each jurisdiction can make its own decision as to
its policy and direction.
Regional Planning Committee: At the meeting on March 27, RPC adopted
bylaws. The purpose of RPC, basically, is to review and coordinate
county -wide planning programs, which would require concerted action
by a number of cities or by cities and county. RPC will not make
value judgments; it is an advisory body and not a directing body;
coordinated does not mean to make value judgments; it is a harmonizing
and advisory body; final say will be left with the cities. Councilman
Mangini explained these were the answers when he raised the question
of interference with city councils' perogatives; nor will RPC interfere
with any fund in any way that might be coming to the cities.
RPC serves as an advisory body to the San Mateo County Transit District.
In setting up Airport Land Use Commission (ALUC) of the RPC, there were
several options to choose from in an attempt to limit the size of the
Committee which, of itself, is a subcommittee of RPC. Burlingame was
left out of one of the options and made an alternate member in another.
Councilman Mangini stated, after he raised some question, it was
agreed that ALUC membership would remain as is but with Foster City
and the County added. The options raised were in the area of being
contiguous by land to the airport. Not only is Burlingame contiguous,
Burlingame has over 300 acres of San Francisco International Airport
on the assessor's rolls. This was not recognized at the time the
options were drawn up, but there has been agreement Burlingame should
be a continual member of ALUC no matter how this subcommittee is
reorganized.
Council may also wish to know there was a meeting March 7 with the
SanrFrancisco committee on SFIA. This is a joint policy committee
and will be meeting quarterly to look into mitigating circumstances
surrounding ground transportation, air pollution and noise. This
joint policy committee will also be meeting with operating airlines
and SFIA staff. Among some of the mitigating measures to be looked
into are staggered working hours. United Air Lines has agreed to
revise schedules, air movements will be rescheduled with neighboring
airports such as San Jose and Oakland, and scheduling of materials
for delivery into the airport will be studied.
City -County Task --Force: Comprised of managers, planners and engineers
of the county and cities. This group is recommending a special census
and a date has been reserved for March or April of next year. This
census could bring in $12 to $15 per head of gas tax money to the
cities and about $7 to the county. Base of this census will be the
1970 census. The census will cost over $300,000 but there could be
a gain of over $500,000 in benefits. Each city could be asked to pay
its share.
RPC approved the idea of the special census in concept, which is still
in pre -planning stages. It is anticipated that all funding could come
from the Transit District and the county on a fifty-fifty split of
expenses. Cities will keep their share of any monies gained from the
census. The county could not gain anything unless all the cities
entered into the census. There will be a regular 1980 census.
UNFINISHED BUSINESS
GENERAL PLAN HEARING
Councilman Cusick moved that the matter of amendment of the General Plan
so that the map of the General Plan is the same as the map of the
zoning ordinance be set for hearing at the meeting of April 21, 1975.
Councilman Harrison asked if it was the intent of the motion to remove
further hearings on this subject from the Planning Commission to the
City Council, and the City Council will conduct a hearing on bringing
the General Plan into accord with the zoning ordinance.
Councilman Cusick stated that the Planning Commission has been
studying this subject for 10 months. The Planning Commission has
designated areas "A"thru "T" where there is non -conformity between
General Plan map and zoning ordinance. Many of these areas are
tiny. Commission proceedings could drag on forever.
Councilman Crosby asked the City Planner if the Planning Commission
is working on the General Plan and if the City Council, in effect, will
be taking an on-going project away from the Planning Commission.
The City Planner stated the Planning Commission conducted studies and
hearings on two areas of the city ---Burlingame Park and Town of
Burlingame. A report to the City Council dated January 28 concerned
the findings of the Commission on these two areas. At that. time it
was the position of the City Council to delay implementation of
the Commission's recommendations pending resolution of rezoning mat-
ters affecting three properties in Town of Burlingame and seven in
Burlingame Park No. 2. The Planner stated it was his understanding
that reclassification of the properties recommended by the Commission
and amendment of the General Plan map to gain conformity with the
zoning ordinance could be concurrent hearings.
Councilman Crosby suggested that the proposed procedure may be
improper. On matters relating to the General Plan and the zoning
ordinance, the Council expects a recommendation from the Planning
Commission before taking a definitive action.
Councilman Harrison suggested that staff with a minimal amount of
effort can determine the changes that have to be made to arrive at
General Plan and zoning ordinance conformity.
Following a recess at 11:04 P.M., Mayor Amstrup reconvened the meeting
at 11:11 P.M.
Mayor Amstrup asked if the Planning Commission has extended its
studies beyond Burlingame Park and Town of Burlingame.
The City Planner stated the Planning Department did a little more than
what was -presented to the Planning Commission. The Commission heard
only preliminary discussions of the Corbitt Tract and a listing of
all areas to be considered for revision of General Plan to be in
greater consistency with the zoning ordinance, but no official actions
were taken.
Councilman Mangini asked if the Planning Commission has a charge to
proceed. He stated that, at the joint study meeting of the Council
and Commission, Planning Commissioners left with the impression
that, even if they did a great deal of work, the City Council would
still agree with them. He asked if that was the understanding of
all of the people who were present at that meeting and if Councilman
Cusick was asking the City Council to undo that.
Councilman Cusick stated that in reviewing the Commission minutes,
nothing has happened.. It has been 10 months since her request was
sent to the Planning Commission for recommendation of conformity of
General Plan and zoning ordinance. She questioned why there should
be any greater expenditure of time on staff's part and the Commission's
part when the City Council appeared to be in favor of not wanting any
higher density. She repeated that nothing has happened.
Again commenting that most of the areas considered by the Commission
are small, Councilman Cusick suggested there 'should be a last made
available by the Planning Department of legal variances granted for
apartments in R-1, and reclassification of such properties accomplished.
In response to Councilman Crosby, the City Planner explained it was
his understanding there would be no further work on the review of
the General Plan by the Commission, and that the Commission left the
joint study meeting feeling, individually and collectively, that it
would go no further until there was direction from the City Council.
The Commission made two recommendations to the City Council and both
were denied. The Planning Commission scheduled no further work.
Staff asked what project is to -be given top priority for the next
year, and the Planning Commission directed staff to complete manda-
tory elements of the General Plan to meet the September, 1,975 dead-
line.
Mayor Amstrup recommended, as a method of resolving the situation,
that the City Council schedule a hearing on April 21 to consider
amendment of the General Plan to conform with the zoning ordinance
in R-1 and R-2 Districts where density proposed by the General Plan
is greater than that provided in the zoning ordinance. There were
no objections voiced by Council members.
NEW BUSINESS
CITY COUNCIL
1. PUTNAM BUICK, INC., REQUEST FOR APPEAL HEARING TO BE RESCHEDULED
Because of the number of matters to be heard at the meeting on April 21,
Mayor Amstrup asked that Mr. Joseph Putnam be approached concerning
postponement of his appeal hearing on the Kohlenberg Ford sign to the
meeting of May 5.
2. CHAMBER OF COMMERCE QUARTERLY REPORT: On motion of Councilman Mangini,
second by Councilman Crosby and unanimously carried on voice vote, the
statement filed by the Chamber of Commerce for the period April 1
through June 30, 1975, was accepted.
3. COMMENDATION TO POLICE PERSONNEL: Councilman Harrison related
an incident that occurred two houses away from his home on Easter Sunday
night involving an elderly, handicapped lady, who was rescued from
her burning home by Sergeant Gerald McDonnell whose quick thinking and
quick actions probably saved a life. The Fire Department, too,did an
excellent job. Councilman Harrison stated he will write a letter of
commendation for Sergeant McDonnell's personnel file.
4. FIRST BURLINGAME "STATE OF THE CITY CONCLAVE": Mayor Amstrup
announced this informational meeting will be held in the Burlingame
Recreation Building on Wednesday, April 30 at 7:30 P.M. The date
was changed, subsequently, to Tuesday, April 29.
PROCLAMATION: Mayor Amstrup announced that a formal commendation
has been prepared for presentation to the Burlingame Rotary Club
on the occasion of its Fiftieth Anniversary.
ACKNOWLEDGMENTS
Minutes: Beautification Commission, March 6, Park & Recreation,
March 11, Planning, March 10 and 24, Library Board, March 18, 1975.
City Planner report of Planning Commission meeting March 14, 1975.
Communications: Resolutions of the Cities of Rosemead and Pico Rivera
opposing the passage of Senate Bill 275.
Protest from A. Burke, Balboa Avenue, to proposed "home inspections."
Richard Battaglia, Mayor of South San Francisco, letter to members of
the Board of Directors, San Mateo County Transit District, submitting:
recommendations concerning organization and future operations of the
County's new bus system.
Mayor Amstrup reported that he conveyed the views of the City Council
at the last Council of Mayors' meeting with respect to a federated
bus system that it be considered as an option. The vote was 10 to 5
on the federated system.
ADJOURNMENT: The meeting was regularly adjourned at 11:30 P.M.
Respectfully submitted,
Herbert K. White, City Clerk