HomeMy WebLinkAboutMin - CC - 1973.04.02127
Burlingame, California
April 2, L973
CALL TO ORDER
A regular meeting of the Burlingame city council was called to order on the
above date at 8:05 p.m., Mayor Victor A.Mangini presiding.
PLEDGE OF ALLEGIANCE
At the Chair's invitation, the City Planner led the assemblage in the Pledge
of Allegiance to the F1ag.
ROLL CALL
Present:
Absent:
Councilmen:
Councilmen:
Amstrup-Crosby-Cus ick-Mangini-Mart in
None
MINUTES
The minutes of the special meeting of March 14, L973, previously submitted
to members, were approved and adopted following an amendment: "Hearing:
Parking Study" third paragrqph, second Sentence, "1953" was changed to
"1933." Tire *inutes of the regular meeting of March 19, L973, were approved
and adopted.
HEARfNGS
I. REGULAT]ONS OFF-STREET PARKING REQU]REMENTS,
APARTMENIS AND APARTMEI{I HOTETS (ORD]NANCE)(cont. )
Mayor Mangini announced that at the l-ast Council meeting (March 19)
on the above matter was continued to the meeting of April 16, L973,
for Council review at the study meeting on April 4.
the hearing
to allow
COMMUNICATIONS
I JOIM POV'IERS AGREEMENT WITH M]ILBRAE
Under date of March 28, L973, the City Manager submitted the agreement document
in connection with "Burlingame-Mrillbrae Central Bay OutfaII System Projectr"
and advised that terms of the agreement have been reviewed and recommended
by the City Engineer, City Attorney, Consulting Engineer of both cities and
his office.
Councilman Cusick referred to a recent newspaper article to the effect that
the City of Belmont is having problems in obtaining federal agsistance for
its new treatment plant, because of a reduction in funds for such improvements
resulting from the revenue sharing program. In response to her inquiry, the
City Manager and City Engineer reported that, to date, there has been no
indication that Burlingamers grant may not be forthcoming. The project is
included in a recent list of improvements contemplated for this year and the
Consul-ting Engineer believes it will be funded.
In response to an inquiry from Councilman Martin, the Director of Finance advised
he is bonded in the amount of $51000.00 in his capacity of City Clerk and,
presumably, the same bond would apply to his position of Director of Finance.
Councilman lvlartin's suggestion that the bond be increased to $100r000.00,
identical to that of the City Treasurer, for the reason that the Director of
Finance will be responsible for receiving and disbursj-ng all funds of the
Joint Powers entity under the terms of the agreement, was accepted by the
Council. The Chair requested the City Manager and the Director of Finance to
make the necessary arrangements.
428
RESOLUTION NO. 27-73 'rJoint Exercise Of Powers Agreement Between City Of
Millbrae And City Of Burlingame For Treated Waste Water Outfall System" was
introduced by Councilman Crosby, who moved its adoption, second by Councilman
Amstrup and unanimously carried on ro11 call.
2. PEN]NSULA AVENUE PARKING REGULATIONS
A communicati-on from the City Manager dated March 29, L973, reported that
Peninsula Avenue traffic flow and capacity was analyzed as the result of a
request from Dennis L. Woodman, Redwood City, principal stockholder in Cafe
Lata dba The Omelette House, 514 Peninsula Avenue, San Mateo, In his
communication, Mr. Woodman requested Iess restrictive parking regulations
on the Burlingame side of Peninsula Avenue in the 500 block by limiting
"no parking" regulations during the week to the hours between 4:00 and 6:00 p.m.
The City Manager's letter recommended that, rather than change only the one
block, the northerly side of Peninsula Avenue from Humboldt to Southern Pacific
right of way be made uniform - "parking restricted only from 4:00 to 5:00 p.m.
on weekdays" - which will not discriminate against Burlingame residents, nor
violate good traffic practice, as there is adequate capacj-ty on the street
to accommodate traffic flow.
The City Attorney was directed by the Chair to prepare appropriate legislation
for Council's consideration at the meeting on April 16, and the City Manager
to confer with City of San Mateo staff to determine their reactions to the
proposed change.
I,ATE CLAfM - PERSONAL INJURY
Under date of March 28, L973, the City Manager submitted a late clajm filed
by Sandra J. Samarzes against the city for damages arising from injuries
suffered by her daughter while attending a class at the Recreation Center.
The City Attorney recalled that at a prior meeting the Council- received a
written request from Mrs. Samarez for permission to file the claim but the
proper claim form was not submitted at the time. He reviewed earlier circum-
stances that resulted in the claimant not filing within the prescribed time
period.
Following the Attorney's advice as to procedure, Mayor Mangini accepted the
claim on behalf of Council, referring it to the City Manager for transmittal
to the cityrs insurance carrier.
RESOLUTIONS
1. RESOLUTION NO. 26-73 "Resolution Adopting objectives, Crj-teria And
Procedures As Required By The Environmental Quality Act of L97O, As Amended"
was held until later in the meeting.
2. RESOLUTION NO. 28-73 "Resofution Regarding Local Goverrunental Solid
Waste Management Plannj-ng" was introduced by Councilman Martin, who moved its
adopti-on, second by Councilman Crosby and unanimously carried on roll call.
ORDINANCE
ORDINANCE NO. 983 "Amending Section 3.52.010 (a) Of The Municipal Code And
Adding The Posi of Assistant Finance officer To The Unclassified Service"
was given its second reading. On motion of Councilman Martin and second by
Councilman Amstrup, said ordinance passed j-ts second reading and was unanimously
adopted on roll call. (a11 members present)
For the benefit of the audience, Councilman Martin explained that an Assistant
Finance officer will, in effect, be a department head and, as such, wiII not
be subject to civil service but serve at the pleasure of the City Manager, in
accordance with the policy established by the City Council.
429
UNFINISHED BUSINESS
1. UNDERGROUND IITILfTY COMMITTEE
In response to Mayor Mangini, the City Manager confirmed that a letter will
be sent to memberst of the Committee thanking them for their efforts in
establishing the projects priority list.
2. COOLIDGE SCHOOL
The City Manager stated that, as a result of the recent meeting with the Board
of Trustees of the Elementary Schoo1 District, his office is compiling costs
that will be involved if the city decides to use facilities at Coolidge School
for recreational activities.
Councilman Crosby reported that he, too, attended the meetj-ng and was favorably
j-mpressed with the Trusteesr reaction to the city's proposal and their willing-
ness to cooperate. He mentioned there was some discussion concerning parking
and its effect on neighboring streets and suggested that Council may wish to
discuss this at the study meeting.
3. BURLINGAME AVENUE
Councilman Amstrup asked for staff inspection of the new waste receptacles on
the Avenue, which are showing large cracks,
4 ALLEGED CODE VIO],ATIONS
Councilman Cusick asked for a report on the properties at 124 Occidental
Avenue and 1510 Newlands Avenue, brought to the Council's attention at the
last meeting because of illegal zoning and building conditions.
The City Attorney stated there are indications that l"Irs. Kay Ellis intends
to move back into the home at L24 occidental Avenue. At the City Iulanagerrs
request, the Building Inspector made a check with respect to reported violations--
the fence and the kitchen in the accessory building, which is unoccupied atpresent. The City Attorney explained that both of these matters were litigated
in a prior suit and the city was unsuccessful; for this reason, he would prefer
to wait before initiating further litigation, until such time that actual
multiple occupancy exists on the property.
Regarding I51O Newlands Avenue, the City Attorney stated that he has had
conversation with the attorney representing the purchaser and they are under-
taking to rescind the contract to purchase, contending they had no knowledge
of illegality at the time the contract was executed.
LITTLE LEAGUE FIELD, BAYSTDE PARK
In resPonse to. Councilman Cusick, the City Engineer reported that, as a result
of recent dry weather, work has been progressing well and the ball field should
be ready for Little League by its deadline of April 28.
Councilman Martin referred to a recent newspaper item concerning access to
Bayside Park for Little Leaguers wherein the Park and Recreation Commission
Chairman was quoted to the effect that "Councilman Martin had fluffed off thequestion about overpass plans to the park. " Councilman Martin stated that apedestrian overpass at Winchester Drive was on the master plan of the park butthe subject has not been discussed recently by the Council-. He stated he was
asked a specific question and thought he gave a specific repty; it was not his
intention to evade the issue. He suggested there may be tack of communication
between the Council and the Commission.
During a period of discussion concerning problems of access, especially forpedestrians, the Counci-I strongly urged parents not to allow younger childrento attempt to reach the park on foot or by bicycle.
430
6. SEISMIC ELEMENT GENERAL PT.AN
There was discussion concerning the requirement for a Seismic Safety Element
to be a part of the city's General P1an. In response to Councilman Martin,
the City planner reported that the deadline has not been established for adoption,
as yet, but tlr. Spangle is preparing guidelines. The Planner stated that a
Seisrnic Safety Element for the entire county wiII be adopted as part of the
San Mateo County General Plan and that possibty each jurisdiction will adopt
the appropriate Portion.
Councilman Martin stated there was rather strong opposition at the last meeting
of the North County Council of Mayors to the county usurping cities' rights
to land use planning and it may be that the county will not prepare the Seismic
Safety Element for the cities.
RAMPS FOR HANDICAPPED
Councilman Cusick asked if the building department is enforcing the State law
requiring buildings to provide access ramps for the handicapped confined to
wheelchairs.
The City Manager, City Engineer and City Attorney confirmed that the city
is complying with the law in every respect. The Chief Building Inspector
is futty cognizant of the requirements. The letter received by Councj-I from
I"Irs. S. W. Bailey, 216 Clarendon Road, is critical of location; this is an
area not mandated by the State, location of ramps is at the discretion of
the developer; further, it is the ownerts responsibility to make certain that
ramp and entryway are accessible at all tirnes-
Councilman Crosby referred to a comment in l,trs. Aailey's letter concerning
bathtubs in public todging places (motels) that are inaccessible to the
handicapped because of sliding doors. Councilman Martin explained that the
State requires certain railings and other safety features in bathrooms;
interference with use of the tub because of glass doors may inconvenience the
individual but does not violate the law.
The City lUanager was requested to respond to I'lrs. Baileyrs letter.
i,ppear, FILED - BANK oF AMERfCA PRoJEcr
Councilman Martin requested that the Council take an appeal to the Planning
Commission's approval of the Bank of America develotrxnent at Chapin Avenue and
EI Camino ReaI, for the reason that the location of the driveway should be
explored further.
Mayor Mangini recognized Mr. Aldo Simonetti, 2635 Summit Drive, (executive
wit1" Bank of America). Speaking as a private citizen, not as a representative
of the Bank, I{r. Sjmonetti explained that the project has been in the planning
stage for approximately 3L years and has been modified extensively, reduced
from a multi-story building to single story. He stated that access will
be confined to Chapin Avenue, in accordance with the city's requirements.
On the latter issue, he referred briefly to the number of gasoline service
stations in this city with driveways on El Camino frontage. Mr. Sjmonetti
also pointed out that the Planning Commission has been considering the project
for the past two months.
Councilman Cusick felt that the project should not be delayed further. Pointing
out that the ptans have been revised from the original concept of a multi-story
building, ""i# the Planning Commission did not act in haste, she stated
her intention of voting against the appeal hearing, if it came to a vote.
RECONVENE
Following a recess at 9:15 p.m., called by the Chair at Councilman lvlartin's
request, the meeting was reconvened at 9:25 p-m-
131
Councilman Martin, as a private citizen, thereupon filed a written appeal
from the Planning Commissionrs action in approving a special use permit and a
variance for the Bank of America project at EI Camino Real and Chapin Avenue.
The appeal hearing was scheduled for the meeting of April 16, L97'E, there being
no protest voiced by a majority of the Council.
NEW BUSINESS
I. TEEN-AGE ''JUICE BARS'I
Councilman Amstrup referred to a recent situation in the City of San Mateo
involving a teen-age gathering place and that city's adoption of regulations
applicable to such places. He asked. the City Manager to obtain copies of the
regulations for Councilrs review and consideration, commentj-ng that Burlingame
should be prepared to forestall a similar situation.
2. REGULATTONS FOR APARTMENT BUILDING CONVE"RSION TO CONDOM]NIUM
Councilman Amstrup asked the City Planner about regulations that apply where
an apartment building is converted to condominium. The City Planner reportedthere are none.
The City Engineer stated the city's primary concern is that the building not
be physically altered; a vertical subdivision map must be filed with the Stateand, to date, he has signed two.
Councilman Amstrup requested that the subject be placed on a study meeting agendafor thorough review.
The City Engineer expressed the opinion that there are no problems; there issimply a change in the operation of the building from rental units to salesunits.
The City Planner reported he has received inquirj-es from persons interested inmaking the conversion. fn one instance, the building is non-conforming becausethere is one parking space per unit; to convert would have the effect ofexpanding non-conformity. He stated he wrote to the inquiring property owneradvising it woutd not be wise to make the conversion because of the parking.The Planner also noted that in a conventional condominium, each unit has itsindividual air conditioning and heating system; this would not exist in aconverted building. Another important factor is sound transmission; theaverage apartment building is not soundproof, but special efforts are madeto control sound transmission in a condominium residence.
Councilman Martin agreed with Councilman Amstrup that the city should haveregulations. He suggested a)quj-ck way of enforcing controls would be byemergency ordinance revising the zoning ordinance as it applies to apartmentbuildings, perhaps an amendment prohibiting con{ominium buildings in apartmentdistricts except upon special permit from the City Council. He recommendedthat the matter be referred to the pranning commission.
with Council concurrence, Mayor Mangini directed the planning Commission toconsider revision of the zonihg ordinance as an emergency measure to establishregulations for conversions of apartment buildings to condominium residences, andthat the commissionrs recorEnendation be furnished council for consideration atthe meeting on.May 7.
Joseph A. Burns, 25OO
solicit expert advice
expressed the opinion
should have the right
regulations.
Easton Drive, suggested that the planning Commissionfrom someone who has had experJ_ence in the fie1d. Hethat tighter controls are unnecessary and that an ownerto convert as long as there is conformity with existing
432
Charles Nolan, 22L Yictoria Road, supported the emergency legislation as a
method of preventing conversion of older buildings.
HEARING: SAN MATEO COU}UY TRANSIT DEVE],OPMENI PRO]ECT
REVISED DRAFT OF ROTITE LOCATION REPORT
David Keyston, the City's official representative on the SMCTDP Citizens'
Advisory Committee, referred to Council's appointment at its last meeting
of three members-at-large to the Committee and inquired if their names have
been formally submitted to the project director so they will be on the mailing
list. He explained that at a meeting on Wednesday evening, April 4, the Citizens'
Advisory Committee will be asked for its reaction to adoption of the Revised
Draft of Route l,ocation Report prepared by the San Mateo County Transit
Develo;rment Project. Because the Report shows the transit yard in Burlingame
and a station under the Burlingame Avenue Southenrn Pacific Depot, and because
of the City Councilrs position against these route locations, the three new
members should be present at the meeting, if possible.
Following some discussion concerning Mr. Keyston's attendance at the meeting,
and his assurance to Council that he would make every effort to be therer
Councilman Amstrup requested that he raise the issue of location of parking
to accorunodate 700 to 900 vehicles at Millbrae Station.and 400 plus at Burlingame
Station. At Millbrae, Mr. Keyston rgported it appears there will be parking in the
Millsdale-area, and that he wiLl inquire about Burlingame Avenue.
ACKNOWLEDGMENTS
1- Communications:
W. H. VanHorn, 1145 Bernal Avenue, dated March 23, L972, concerning parking
situation in Burlingame, cost of parking and overtime parking fines. Mr.
VanHorn suggested that the Council consj-der installation of "forgiveness
metersr " where a shopper, who has received a citation for overtime meter parking,
can avoid the fine by immediately depositing in a special meter installed for the
purpose a fee set by the city (less than the overtjme parking fine) and a copy
of the citation. Councilmen Crosby and Martin thought the idea merited investi-
gation. Mayor Mangini suggested that Mr. VanHorn be informed of the parking
hearings in progress, where he could present the idea for discussion.
The communication was referre(l to the City Manager for reply.
2. City Manager memo of March 28, L973, submitting cost data on insLallation of
meters on long-term parking lots.
3. City Irlanager memo of I'Iarch 28, L973, reporting vacancy on Park & Recreation
Connission resulting fron resignation of Mrs. Betty Lane. In response to
an inquiry fron Councilnan Martin, the City Attorney noted that the Connission
is a wholly advisory body and it would appear that a student who ret the
residency requirenent coutd be appointed.
4. (a) Metropolitan Transportation Connission subnitting Sections I & II
of Regional Transportation Plan.
(b) Anerican National Red Cross, Golden Gate Chapter, concerning lack
of adequate transportation facilities for aged and handicapped.
(c) Congressnan Leo J. Ryan subnitting copy of letter fron Mayor
Joseph L. Alioto, San Francisco, connenting on San Francisco International
Airport expansion plan.
(d) Nancy L. Lechich, 789 EI Canino Real, Bur1ingane, coments on
proposed City of Burlingane newsletter.
(e) Report fron Bylaws Connittee on proposed anendnents to San Mateo
County Council of Mayors bYlaws.
.
(f) Sierra Club Solid Waste Disposal CoEnittee, MenIo park,
concerning ABAG,/SPI R Solid Waste Disposal Prograr.
5. City Planner report of Planning Connission actions and recoErenda-tions, Deeting of March 26, L973.
Connission ninutes: Beautification , March 1, Park & Recreation,
March 13, and Library Board, March 20, L973.
6. Conrunication fron the Parking Connission dated March 29, L9Z3in connection with parking fees on 1.6-hour lots was held for consider-ltion at the parking.hearing to be held April 91 L973, at B:OO p.m.,in Council Chanbers.
trotr)r)
Pro terpore,
the next Council
Mayor Mangini announced that etrection of Mayor and Mayorfor th€ term April, L9?.3/April, 1974, uilt take place atreeting, April 16, 1973.
RESOLUTION - RULES AND REGUTATIONS FOR THE MAKING OF ENr'IRONMENIAL
IMPACT REPORTS
!.Layor l4angini announced that Council, at this tine, srill -direct itsattention to the lengthy resolution prepared by th€ City Attorneywith respect to naking of Environnental lLpact Reports. He invited
connents fron the Counci l.
Councilnan Martin called a ttention to the following:
last in first paragraph: substitutePage 8, third sentenc€ fron therlaSlt fot, lran r lr
Page 11, last item in section titled CITY COUNCIL shoutd readItused autoDobile dealers business licenserrr
Page 11, second iteL in section titled cITy ENGIIIEER AND DIRECTOR
OF PTJBLIC WORKS should be qualified because sorae street excavations
have considerable inpact on the environLent. At the City Engineerrs
suggestion, it ras agreed to insert the $ord trMiDorrr before trexcava-
tions, It
Page 25, 5.3 ApD€al: Last sentence riHearing of the appea 1 shall beset not less than 10 days nor more than 30 days after the date offiIing of the Notice of Appeal.[ As written, it nay be necessaryfor th€ Council to call a special neeting to neet th€ 30 day deadline.It was agreed to change t3or to tt45;rr also on page 27, last sentence,first paragraph.
Page 25 5.4 DeterEination and finality of appeal;
I n every case there shoCfd b@ to thefroa a Planning Connission decision. This would apply topaxagraphs also: Page 27 6.4, page 2g ?.3, page 29 first
Page 36 9.1 (continued on page 37) (a) and (b), and page
Paragraph.
City Counc i I
the following
paragraph,
38 first
Page 28 7.1 Developrent of procedure by Ci ty Plann€r: Revise toprovide for Ci ty Council approva I.
Mayor Mangini asked about (b) on page 21, excluding tree renovalrras a categorical exenption. The City Attorney explaiDed there isno requirenent in the city for a pernit uhere an o$ner intends torenove a tree on private property; a pernit is necessary before apublic tree in the cityrs right of way can be renoved. He suggestedthat, in this kind of situation, it probably would be necessary forthe owner to obtain a Negative Declaration fror the city. MayorMangini noted that the fee for a Negative Declaration is $25.OO.
PEORGANIZATION OF COUNCIL
434
l,layor Mangini and Councilnan Cusick asked about (e) and (k) on page
19 and the possibility of conflict with city ordinances. The City
Attorney reported there would be no conflict because an ordinance
is always superior to a resolution--the ordinance will control.
Fees: The City Attorney advised that if Council feels that the
fee schedule nay po6e problens it should direct staff to nake a
study and subnit reconnendations.
ADJOTJRNMENT
The neeting was regularly adjourned at lO:3O p.n., to Wednesday,
ApriL 4, L973, at 8:oo p.n., for the purpose of conside:ing an
action on the Resolution.
R
Herbert
City Clerk
tfully su ed
ite
a
PROVED
ctor , Mayor