HomeMy WebLinkAboutMin - CC - 1974.02.041l:l
Burlingame, California
February 4, 1974
CALL TO ORDER
A regular meeting of the Burlingame City Councj-I was called to order on the
above date at 8:10 p.m., by Mayor Pro Tempore William J. Crosby, who announced
that Mayor Martin will be late because of a prior commitment to represent the
City at an awards presentation to eagle Scouts.
PLEDGE OF ALLEGIANCE TO THE FLAG: LEd by Chief of Police Carl M. LoIIin.
ROLL CALL
PRESENI:
ABSEI{I:
COUNCII,IVIEN:
COUNC]LI,IEN:
Amstrup-Crosby-Cus ick-Mang ini
Martin (arrived 9:10 p.m.)
The minutes of the meeting of January 2I, L974, were approved and adopted with
the following amendment
Conunittee Report" (in 1
NEW BUSINESS - ftem #l- to read "Police Stationieu-ffi Station Remodeling). A1so, at the end
of the first sentence in this same item, the following to be added "in connection
with possible expansion to the rear on the present site at both ground and
upper 1eve1s. "
LETTERS CONCERNING TWO HEARINGS SCHEDULED FOR THIS MEETING
Mayor Pro Tempore Crosby announced receipt of the following:
1. A communication dated February 4, 1974, from David H. Keyston, Executive
Vice-President, Ar,za Pacific Corporation, reqluesting a continuance to the
Council meeting on Monday, March 4, of the hearing on the proposed 533 Airport
Boulevard building to allow time to comply with the Council's suggestion at its
meeting on January 2L, L974, that a tentative subdivision map on this project
be filed with the Planning Conrnission for review and action.
There was no objection from the Council to the requested continuance.
2. A communication dated February 4, 1974, from John F. Ross, AVR Rea1ty Company,
Burlingame, stated "Due to the fact that Dr. and Mrs. Frey are out of the country
and I do not have the authority to speak for them as to any limitations that might
be a prerequisite for a variance for a small anjmal clinic at II0l- Juanita
Avenue, I wish to withdraw their application."
The Council was advised by the City Attorney to continue the hearing for one
month, for the reason that he was not certain of what authority the real estate
broker had to speak for the Freys. In the meantime, the Freys may return and
can confirm that this is their letter of withdrawal.
In response to the Chair, there was a show of hands from persons in the aud.j-ence
interested in ttre application. At Councilman Cusickrs suggestion, their names
and addresses were recorded.. They are to be notified by mail if the hearing is
to proceed at the March 4 meeting.
The Chair acknowledged the presence of and extended the Council's congratulatj-ons
to Mr. Douglas Beetl-estone, executive with Levy Bros., who was recently installed
as President of the Burlingame Chamber of Commerce. AIso, Mr. Steve Brurnmel,
Special Assistant to Congressman Leo Ryan., was acknowledged and welcomed.
MINUTES
ACKNOWLEDGMENTS
I 1-1
COMMUNICATIONS
I. WATER SYSTEM IMPROVEMEIT]S ACCEPTED: In a letter dated January 31, 1974,
the Di-rector of Publ c Works reported that Fairley Constructors have satisfactorily
completed the contract with the City for annual water system improvements. His
recormnendation that tlre work be formally accepted by the City Council was
concurred in by the City Manager in an addendum to the communication.
RESOLUTION No. 8-74 "Acc epting Water System Improvements, Job No. 73-2"
was introduced by Councilman Mangini, who moved its adoption, second by
Councilman Amstrup and unanj-mously carried on roII call of members present.
2. P],ANNING COMMISSION DISAPPROVAL OF BARNETT RESUBDIVISION APPEALED: A
communication was acknowledged from Robert H. Showen, fnc., Attorney at Law,
dated January 3L, L974, serving notice of appeal on this matter, which was
rejected three to two at the Ptanning Commission meeting on JanuarY 28, L974,
and requesting a hearing before the Council on March 4. The applicant,
G. Bernice Barnett, proposed a resubdivision of her property at the corner of
Ralston and Occidental Avenues. Mr. Showen appeared later, apologizing fot
not being present when his communication was read. He asked, in lieu of
March 4, that the Council set the hearing for the March 18 meeting to permit
some necessary research.
With Council concurrence, the Chair referred the appeal hearing to tJ:e meeting
on Monday, March L8, L974.
3. DAI{CE PERMIT GRANIED CIaRLEY BROWNTS: Under date of January 22, L974,
AIex Wong, Manager, Charley Brownrs, 1550 o1d Bayshore Highway, submitted an
application for a permit to feature dancing in the Cocktail Lounge, Tuesday
through Saturday from approximately 9:30 p.m. to 1:30 a.m., dancing to be
contemporary in style and under restaurant management supervision at all times.
The report from the Fire Department noted minor items requiring correction.
In view of Mr. Wong's willingness to make such corrections, the Fire Department
indicated no objection to the permit. The Police Department report recommended
issuance of the permit.
A motion introduced by Councilman Amstrup authorized issuance of a permit under
the conditions outlined in the applicant's communication, the permit to run
for six months and renewal subject to review (customary with dance permit
applications). The motion was seconded by Councilman Cusick and unani-mously
carried on vote of members present.
4. COUNTY OF SAN MATEO BICElmqg\IAL PLANNTNG COMMITTEE: Under d.ate of
January 17, L974, Supervisor Gerald F. Day, Committee Chairman, reported that
the Board of Supervisors established the Conunittee to act as a coordinating
vehicle for the planning of local activities celebrating the nationrs 200th
anniversary in L976. The conununication requested the Councilrs consideration
to adoption of a resolution endorsing the efforts of the Bicentennial Planning
Committee and declaring intent to become a Bicentennial Conununity. A draft
resolution accompanied the communication. Councilman Cusick suggested that
a Bicentennial Program in Burlingame might be coordinated with the annual
"Burlingame Days" celebration.
Councilman Mangini asked if there should be some thought given to budgeting
for expenses involved in such a community program. He asked if lvlr. william
Hauser, Executive Vice-President of the Burlingame Charnber of Corunerce, was
familiar with the County program. Mr. Hauser replied that he was not but was
aware that commjrttees were being organlzed throughout the country and that
local chambers of commerce wiII be asked to cooperate with local governments
in planning programs. fn expressing approval of Councilman Cusickrs idea of
a joint Bicentennial and Burlingame Days program, he stated it would be wise
for the City Council and the Chamber of Commerce to recognize that the
Bicentennial celebration is a coming activity entailing advance planning.
1l5
At the Chair,s request, Mr. Hauser was furnished a copy of iulr. Day's letter.
He was authorized to make the necessary contacts to familiarize himself with
the County's plans and to report back to the Council at the next regular
meeting.
Commentinq that there has been enough negativism, Councilman Amstrup endorsed
the "Bicentennial Conrnunities" program as a positive approach deserving
wholehearted support.
5. PI,ANNING COMMISSION RECOMMENDAT]ONS RE:BUILD]NG HEIGHTS IN R-l DfSTRICT
AND DOVII{TOWN PASKING DISTRICE REGUI,ATIONS
Acknowledgment was made of the following documents from the Planning Commission:
1. Environmental Impact Report On Code Amendment
Limitations fn R-l District, Resolution No. l'74
The Height Ljmitations fn R-l Districtr Proposed
25.28.070 Of The Municipal Code Regulating Height
Residential) Districts.
- Section 25.28.070 Height
Recommending Amendment of
ordinance Amending Section
Of Structures fn R-l (First
2. Environmental Impact Report For The Proposed Zoning Code Amendment To Add
Chapter 25.72 Downtown Parking District Regulations, Resolution No. 2-74
Recorunending Code Amendment Chapter 25.72 Downtown Parking District RegulationsT
Proposed Ordinance Amending The Municipal Code Of The City Of Burlingame By
Adding Chapter 25.72 (Burlingame Avenue Area Off-street Parking District
Regulations) Regulating Buildings And Structures Within The District.
Invited by the Chair to initiate the discussion, the City Planner informed
the Council that the latest legislation in connection with Environmental
Impact Reports provides that the documents shall be "certified" by a governing
loody.
R-I District Building Heights: The Planner reviewed this topic, explaining that
the Planning Commission approved the recommended ordinance on a vote of 5-0.
The ordinance proposes to limit building height in R-l District to 2\ stories
or 30 feet, whichever is greater. Exceptions applied to lots that slope down-
ward more than 25% toward the rear from the street line; building height here
sir"ff not exceed 2 stories or 20 feet above curb l-evel, irrespective of number
of stories at the rear of the building, and, on lots that slope upr,rard toward
the rear from the street 1ine, maximum building height to be 2% stories or
30 feet above mean grade along the 15 foot setback line.
Slides were shown to illustrate the exceptions. First, a single-family
dwelling on the upper portion of the cu1 de sac "Mills Canyon Court", appeared
to be a single story from the street, but, at the rear, was actually 3 stories
plus in height, the down slope to the canyon on this Iot being approximately
25"<.. Second, a single-family dwelling built on the upward slope off Loyola
Drive that would appear to be at Ieast 3 stories in height. This building
was sited with a front setback of perhaps 35 feet, far in excess of the
minimum 15 feet. The building permit was approved because plans satisfied
regulations that presently exist. There is ambiguity in the zoning code with
respect to measurement of building setback and building height in R-l District.
Ttre proposed ordinance is intended to correct such ambiguity.
fn response to Councilman Mangini, the City Planner reported that the minjmum
setback in all residential districts is 15 feet measured from the back edge of
the street right of way. The setback is the same on all residential properties
but the right of way line may vary. People often mistake the back edge of the
sidewalk as the front property line but this is not so in every case.
ORDINANCE NO. IOO2
Following advice from the City Attorney on procedure, Councilman Amstrup
introduced Ordinance No. 1002 "Amending Section 25.28.070 of The Municipal Code
Regulating Height Of Structures In R-I (First Residential) Districts" for
first reading.
I 1ri
A second motion introduced by Councilman Amstrup to d.elay consideration of the
Environmental Impact Report to the meeting of February 19 | L974, to coincide
with the public hearing scheduled for that date on proposed ordinance No. 1002
was seconded by Councilman Mangini and unanimously carried on ro11 call of members
present.
ORDINANCE NO. 1003 "Amending The Municipal Code Of The City Of Burlingame By
Adding Chapter 25.72 (Burlingame Avenue Area Off-street Parking District Regulations)
Regulating Building And Structures Within The District" was introduced for
first reading by Councilman Amstrup.
Councilman Amstrup introduced a motion to delay consideration of the Environmental
Impact Report on this proposed zoning code amendment to the meeting of February L9,
1974, when a public hearing will be held on ord.inance No 1003. The motion was
seconded by Councilman Mangini and unanimously carried on vote of members present.
ITIIRODUCTION OF CANDIDATES - MUNICIPAL ELECTfON:Mayor Pro Tempore Crosby
introduced Harry S. Graham, 1555 Alturas Drive, and Adolph "Bud" Harrison,
376 Lexington Way, candidates for the office of Councilman in the forthcoming
City election on March 5, L974. Mayor Pro Tempore Crosby announced that he,
too, is a candidate.
RECONVENE: Following a recess at 8:45 p.m., the Chair reconvened the meeting
at 9:00 p.m.
RECOGNITfON - COUNCILyIAN AMSTRUP: Mayor Pro Tempore Crosby announced that
Councilman Amstrup was elected recently to the Office of President of the
San Mateo County Convention & Visitors Bureau for the year L974, a position
of responsibility; this county is becoming increasingly convention oriented.
ORDfNANCES
ORDINANCE NO. 100I "An Ordinance Amending The Municipal Code Of The City Of
Burlingame By Adding Subparagraph 50 To Section L3.2O.0I0 And Providing For
An Intersection Stop For Vehicles Traveling Easterly On Trousdale Drive And
Approaching The Intersection of Magnolia Avenue" was scheduled for second
reading and adoption at this meeting.
In a communication dated January 3I, L974r the City Manager reported that
traffic studies of Trousdale Dri-ve indicated that warrants are met for traffic
signals at Trousdale and Magnolia. However, both the county and J.H.K. Associates
studies, suggested other alternatives tipn signal lights. Excerpts from the
two prior studies were attached to the City Manager's letter.
The City Manager, in response to the Chair, stated that a signal may cost
between $27,000 to $30r000. His suggestion that the matter be explored further
at a study meeting was accepted by the Council.
Councilman tunstrup, who initiated the request for the signal light in lieu of
a stop sign, reported that traffic control problems in the vicinity of Burlingame
P1aza shopping area appear to be increasing. Perhaps, a stop sign could be
installed temporarily until there is a decision, pro or con, on the signal.
C]TY MANAGER REPORTS
1. WASTEWATER TREATMENT WORKS IMPROVEMENTS & SEWER OUTFALL Under date of
January 30, 1974, the City Manager submitted information on the status of
bids received for the wastewater improvements and outfall construction. In
his communication, the City Manager pointed out that the material is solely
for review as no action can be taken until State and Federal approval is
received for the next step.
fn corunenting verbally on the subject, the City Manager suggested there may
be some lega1 problems with respect to the bids. His recommendation that the
matter be referred to a study meeting for review was accepted by the Council.
117
Mayor Mqltin arrived at 9:I0 p.m. In acknowledging his arrival, Mayor Pro
Tempore Crosby announced that in addition to the candidates introduced earlier,
Malpr MarEjn is a candidate in the forthcoming election. The Mayor explained
that he was attending a Court of Honor for Eagle Scouts, sponsored by eoy
Scout Troop 156, where he presented resolutions of commendation to Doug Crom
and Jeffrey Eid, who had earned the Eagle Award.
CITY MANAGER REPORTS (cont.)
2. HEARINGS ON AIRPORT MAR]NA HCIIEL ADD]TIONS: Under date of January 30, L974,
the City Manager submitted a communication from Paul F. Fratessa, Director,
Northern California office, Ruthroff & Englekirk Consulting Structural Engineers,
Inc., reguesting that the hearing on the Environmental Impact Report be held
at the Council meeting on February L9, and that the hearing on variances and
special use permit be held at a later date.
Councilman Cusick suggested that the hearing on February 19 include aII matters
requiring Council action. There were no objections heard. The City Manager
was directed to inform Mr. Fratessa accordingly.
3. SOLID WASTE ADVISORY COMMITTEE: In a memorandum dated January 31, 1974,
the City Manager advised that he contacted the County Engineer concerning the
3:0O p.m. time of the meeting of this Committee on Thursday, February 7. The
County Engineer reported that the group itself can determine the best time
for the meetings. If a designated member cannot be present at this initial
meeting, he should inform the Office of the County Engineer as to his time
preference.
Councilman ivlangini, named by the Mayor to serve as the City's representative,
requested that the City Manager forward his narne to the County and recommend
a meeting time other than 3:00 p.m.
4" SPRAYING OF SYCAMORES: The Cit y Manager, under date of January 3I, L974,
forwarded a copy of a corununication from E. J. Rogers, 1575 Newlands Avenue,
concerning his repeated attempts to have the sycamores on the street sprayed.
In addition, the Council was furnished copies of Burlingame Park Department
Information Bul-Ietin "Powdery Mildew On Sycamore Trees" dated January 9, L974,
wherein the reasons were cited for not attempting to control mildew on sycamores
by chemical sprays.
The City Manager was requested to inform Mr. Rogers of the Park Directorts
conclusions with respect to spraying this species of tree.
PLANNING COMMISSION GRANT OF VARIANCE TO KHADIJEH MC GAVIN, 27 CLARENDON ROAD
SUSTAINED
Mayor Martin announced that this was the time and place scheduled to conduct a
pubtic hearing on the appeal of Mr. Charl-es C. No1an, Jr.r 22L Victoria Road,
from the Plannj-ng Commission approval of a variance to Mrs. Ktradijeh McGavin
for letting of rooms to not more than six (5) elderly or disabled persons in
her home at 27 Clarendon Road, R-I District.
The City Planner, at the Chairrs request, reviewed the proceedings before the
Planning Corwnission at its meeting on December 26, L973, wherein a public hearing
was held on the application filed by Mrs. McGavin
The City Planner explained that letting of rooms to not more than three (3)
persons is a permitted use in R-l District. fn the application, Mrs. McGavin
was not specific as to type of guests that she intended to have in the home,
but her letter of December 5, L973, stated "I am licensed by the State of
California to own and operate a home for the eld.erty and the property is zoned
by the City of Burlingame to have three paying guests in said residence-
Currently, there are three guests living in my residence in three ground-f1oor
bedrooms. (The entire residence is a one-story structure.) "
HEARlNG
11E
The City Planner reported the house is large, six (6) or seven (1) bedrooms
on a deep lot, approximately 7500 square feet in area located in a section
of the City where there are other multiple dwelling units, non-conforming
in use. In August, L973, City staff abated a triplex use on the property/
it was subsequently sold for use by Mrs. McGavin. At the Planning Commission
hearing, petitions were fil-ed in support of Mrs. Mccavin by her neighbors,
approximately ten (10) people spoke in opposition, the Commission voted 6-0
to approve the application.
In response to Mayor Martin's inquiry concerning code provisions, the Planner
stated that the use proposed by Mrs. I"lccavin is not specified as a permitted
use in R-1. A variance is required because there will be "letting of rooms"
to more than three (3) persons; this is an "out and out variance as to use".
Conununications were acknowledged from Mr. & Mrs. Randa1 Wardl4w, 116 Bloomfield
Road, Charles E. Ivlil-ler, C.L.U. 2246 Whipple Ave., Redwood City and Morris A.
Cox, President, Wm. Volker Fund.
Mayor Martin announced ground rules for the hearing and accorded the privilege
of the floor to Mr. Nolan, who initiated the appeal.
Mr. Notan informed the Council that one of the persons who signed the petition
i.'':-n support ofl-Mrs. Uolin-requested the signature be withdrawn because it was
fett that the petition had been misrepresented. Mr. Nolan stated there are
properties with non-conforming dwelling units but the general character of
the area is single-family, owner occupancyi most are long-term residents,
buildings are in good condi'cion, the area contributes to the low crime rate
that Burlingame enjoys. Originally, 27 C\arendon Road was a small two (2)
to three (3) bedroom dwe1ling; there were a series of additions with the result
there are now seven (7) rooms designated bedrooms. The original garage was
demolished and replaced wj-th an open carport. Several vehicles are parked
along the driveway side of the house. Personnel in the building department
state that all of the alterations are 1ega1. Mr. Nolan recalled that, at one
time, the zoning code permitted two (2) roomers or boarders in a single-
family dwelling; this was fater changed to three (3). In his opinion, the pro-
posed use of the property constitutes a commerciat develolxnent and should
not be permitted in a residential area any more than a gasoline service
station would be. The matter of precedent should be considered. WilI approval
here lead to applications for other commercial uses, or encourage conversion
of family homes to rooming or boarding houses? Mr. Nolan asked who will be
responsibl-e for policing the property to assure that persons in residence are
geriatric or disabled. He stated that the citizens protestj-ng the variance
before the Planning Commission were accused of being unsympathetic to the prob-
lems of the aged and disabled. To the contrary, the opponents are simply home-
ottners with a strong desire to protect the quality of their neighborhood for
people of all ages. When speculators come into a neighborhood and purchase
properties, it is usually the aged who are displaced. Mr. Nolan stated that
every homeowner in this City has certain inherent rights. He, and those who
support his position in this variance matter, are striving to protect such
rights.
Mr. Sam Marenco, 2O7 Clarendon Road, pointed out that this R-] section of Bur-
lingame has been the subject of a series of requests for variances during
the past several years. Constantly, homeowners appear before the PJ-anning
Commission and City Council and numerous petitions have been fil-ed in an effort
to preserve their single-family status. Mr. Marenco referred to trailers and
calnpers parked on the McGavin premises creating the j-mpression of a trailer
park. He suggested there may be people sleeping in the campers. He urged
the Council to deny the variance.
In response to Councilman Crosby, the City Planner reported that convafescent
hospitals are a conditional use in R-4 District requiring a special use permit.
There were no further comments supporting the appeal.
Proponents of the request for variance were invited to speak.
119
Mr. Richard Berra, attorney with the law firm of Carr, Mcl,ellan, Ingersoll,
Thompson and Horn represented ltlrs. McGavin.
Mr. Berra advised that Mr. Robert Thompson had been scheduled to appear for
Mrs. Mccavin but was unable to do so because of an injury. Mr. Berra requested
the Council's consideration to three items on file that would appear to strongly
recommend the request for variance: l. A petition signed by 27 of Mrs. McGavinrs
close neighbors; 2. Letters from Mr. Morris A. Cox, President, William Volker
Fund, and Charles L. Milfer, C.L.U., formerly president of the San Mateo County
Society For Crippled Children and Adults and, presently, board member of the
Society, and a member of the State Board of Directors of the Easter Seal Society.
3. Unanj:nous approval by the Planning Commission at its meeting on the 26th of
DecemJcer, L973.
Mr. Berra reported there are six duplex dwellings in this R-I District within
60 feet of Mrs. McGavin's dwelling. With respect to parked vehicles on the
property, the campers are not used as living quarters, the boat is to be sold,
the trailer is not parked on the premises during the summer, one automobile is
Mrs. McGavints and two, Mr. Mccavinrs.
Mr. Berra reviewed Mrs. McGavin's educational background in the field of nursing;
this, combined with the ticense she holds from the State of Cal-ifornia to own
and operate a home for the elderly, would appear to establish her qualifications
and capabilities.
Mr. Berra referred to Section 5116 of the Welfare and fnstitutions Code, amended
by AB 1856, providing that a local authority may not, by virtue of zoning require-
ments, prohibit a state-authorized or licensed home-care facility, serving six
or fewer persons, from operating in a residential zoned district.
Mr. Sol Gittelsohn, I5OO Howard. Avenue, President, local chapter of American
Association of Retired Persons, Mrs. Marilyn Stone, Public Health Nurse,
specializing in care of elderly people, Ms. Martha Burt, Supervisor of Resi-
dential Care Homes For Adults, Licensing Unit, San Mateo County, Mrs. J. Plaat,
144 Costa Rica Avenue, Mr. Gary J. Piccardo, 28 Clarendon Road, Mr. H. Kevi11e,
18 Clarendon Road, Mr. Ernest J. Lippets, 25 Cfarendon Road, supported
Mrs. McGavin.
Mr. Gittelsohn, Mrs. Stone and Ms. Burt stressed the need in San Mateo County
and in the City of Burlingame for residential care facilities to accommodate
elderly and partially disabled people, who, for one reason or another, must
find a home away from home. Mrs. Stone and Ms. Burt emphasized that Mrs. McGavin
is licensed to care only for ambulatory people. Every person entrusted to her
care is certified by a physician as to the level of care required; the certi-
ficates are kept on file in the home. To secure a license, an operator must
satisfy local building and fire codes, inspection by housing environmental-ists
of the County Health Department and four (4) unscheduled visits a year by a
representative of the County licensing unit. Where irregularities are found,
or there appears to be disregard for regulations, an operator will be subject
to chastisement and, in some instances, legal processes. Persons j-n residential
care homes, as they become older and unabl-e to be fu1ly ambulatory, are transported
to nursing or convalescent hospitals where there is medical care availabl-e. At
the present time, there are six (5) residential day care homes in Burl-ingame,
including lvirs. Mccavj-n's.
Mrs. Plaat reported that her son, who is disabled.,resides with Mrs. McGavin.
The home is one of the most attractive on the street, resembling any other
private residence2 drrd, for aII practical purposes, 27 Clarendon would simply
be a home where eight people reside.
The other speakers were familiar with the McGavins as neighbors. They made the
following points:
1. There has never been any activity around the campers to indicate their use
as living quarters.
2. The McGavins have made noticeable physieal J.mprovements to the property.
L20
3. There is nothing to indicate the number of people living in the house, no
unusual activity of people coming and going.
4. There are vehicles parked all along the street. The McGavin vetricles are
parked on their private property.
5. Neither the McGavins, nor the people who live there, create disturbance.
They are welcome neighbors.
There were no further comments from the floor. The hearing was declared closed.
The Council was invi-ted to comment.
Councilman Amstrup asked the ages of the people Mrs. Mccavin will care for.
Ms. Burt stated that not everyone would be 65 and over; if a prospective resident
was 55, for example, the license would read "18 and abover" because this is
the type of license required where there would be people under 65. She explained
that new legislation in L972 grouped ages t8 through 64 in one category; also,
licensing continues for 65 and above. Mrs. McGavin is not interested in having
younger people in her home. Ms. Burt reported there is one person in the home
now under 65, a gentleman who has been with Mrs. McGavin since 1968. In March,
L973, she was iicensed for three people; prior to that, she had just one.
Councilman Amstrup pointed out that the request is to have six (6) persons in
the home. What would prevent Mrs. McGavin from caring for four (4) elderly
persons and having two boardersi Ms. Burt explained that the State license
would be recalled under such circumstances.
Councilman Cusick asked if the County licensing unit has a record of patients
in the home. Ms. Burt stated the records must be maintained by the operator,
and made available to the licensing agent on every visit throughout the year.
Councilman Cusick referred to a newspaper article concerning the Planning
Commission hearing on this matter; the article carried a banner headline to
the effect that people who came to the city haII were "toId off". Councilman
Cusick strongly protested the inference that any citizen appearing before the
City Council or any commission should receive such treatment. Councilman
Cusick expressed sympathy with the people in their concern that the variance,
if granted, be issued, personnally, to Mrs. Mccavin, that the number of people
be limited to six, and they be either elderly or disabled. She also noted
that in this particular neighborhood, during the past three years at
Christmas ti:ne, when people are either on vacation or extremely busy, there
have been three requests for variance by speculators. ft is understandable
that the homeowners have become wary of applications for variance.
Ms. Burt explained that lhe State license is not transferable, it is for a
certain type of carei people in boarding and rooming houses are not in "care"
facilities.
Councilman Mangini reported he visited the home and spoke with I4r. and lvlrs.
McGavin, and understood that the request was for two (2) or three (3) additional
people. Ms. Burt reported that tlrs. Gavin was recently licensed for three (3)
and is asking for three (3) more.
In response to Councilman Mangini, Ms. Burt reported an agent of the licensing
unit makes at least four (4) unscheduled visits; in the event there are conditions
not in keeping with the licensing procedure, tJ.e operator's license is revoked.
Councilman Mangini stated he was informed by the Mccavins that the boat, two
trailers and one automobile are for sale.
Mayor Martin asked Ms. Burt if, in her experience in licensing such facilities,
she had discovered many that created neighborhood probtems. She stated that
there have been situations where neighbcrs objected but, after a period of
operation, the same neighbors apologized. Parking has never been a problem
because the residents do not have throngs of visitors. Further, in response
to the Chair, Ms. Burt stated there are facilities that provide varying degrees
of care throughout San Mateo County. There are not as many facilities as needed
in pacifica, Burlingame or in San Mateo. Casa Madonna in Burlingame is the
I
1?l
only one in the County that provides intermediate carei there is great difficulty
in finding a ptace for people when they are ready to leave the convalescent hospitals-
In response to Councilman Amstrup, the City Planner confirmed that the variance
approved by the Planning Commission was ljmited to i,Irs. McGavin for the purpose
of letting rooms to not more than six elderly or disabled persons.
A motion introduced by Councilman Mangini to deny the appeal, and to sustain
the action of the Planning Cormnission, stipulated that the variance be assigned
to Mrs. Khadijeh McGavin for as long as she maintains her State license for
six (6) people only. The motion was seconded by Councilman Amstrup and
unanimously carried on roll call.
RECONVENE: Following a recess at 10:25 p.m., the Chair reconvened the meeting
F-rIE-p.m.
UNFIN]SHED BUS]NESS
San Mateo County Transit Development Project - Airport-Menlo Park
First Draft of Final- Report. (BART)
Councilman Cusick asked if the Council- intended to send an official answer to
the project coordinator on this document. She referred to the proposal for a
transit terminus in tvtillbrae and suggested this item should be of special interest
to Burlingalne, for the reason that Millbrae Avenue is currently over capacity.
A terminus here coufd force traffic and parking problems on the City of
Burlingame. Mayor Martin asked if Councilman Cusick would prepare a memorandum
of the items she questioned and bring it to the Council for discussion.
Councilman tunstrup fel-t that the Council shoutd sponsor a public meeting at
the Recreation Center, similar to the two prior meetings, where the citizens
had the opportunity of learning about BARTts plans. He suggested that arrange-
ments might be made to project the latest report on a screen. This would offer
an excellent opportunity for community input.
Mayor Martin expressed no objection to such a meeting except that the document
is a draft report prepared by the consufting engineers, subject to review and
approval by County and regional transit agencies. To show this document to
the public now could create needless fears that BART is imminent in San Mateo
County. Councilman Crosby agreed.
Councilman Manqini stated there shoul-d be some avenue open to this City, and
other cities similarly concerned, to assure that legislation will provide
for a special election on the issue of BART in San Mateo County.
2. PROPOSED SAN MATEO COUNTY TRANSIT D]STRICT
In conjunction with the foregoing BART discussion, the Council also discussed
the suggested J-egislation sent by the Board of Supervisors to San Mateo County
tegislators for the formation of a County transit district. Council members,
individually, commented that the cities had not had an opportunity of input
before the draft bill was sent to Sacramento, especially on the issue of a
separate election on BART in San Mateo County.
Mr. David Keyston urged the Council's consideration to placing itself on record
in opposition to a provision in the draft act (Section 103403) whereby issuance
of general obligatj-on bonds can be approved if 50% of the electors voting on
the proposition vote for it. He reported this is in lj-eu of the prJ-or condition
that a general obligation bond issue shall be approved by a 2/3 majority. He
A cover letter from Jean Fass1er, Chairman, San Mateo County Board of Supervisors,
accompanied the draft. The communication reported that the draft act was
presented to San Mateo County legislators in the Assembly and Senate on
January 14, L974, that it is in working paper form only and should not be
considered final- in any respect. Legislative analysts for Assembllrmen Arnett
and Papan and Senator Gregorio are currently writing a bill to be presented
simultaneously in both houses. There still exists ample time for input before
final adoption of legislation. Comments were invited. to be directed to the
County Engineer or through one of the transit supervisory committees.
I22
stated this could have the effect of encumberj-ng the citizens for 50 years
from now in San Mateo County.
Mr. Harry S. Graham, 1555 Alturas Drive, suggested that the Council present its
official position on BART and the proposed transit district during the course
of legislative hearings that will- be held.
Councilman Cusick's recommendation that the City Manager be directed to
forward letters to San Mateo County legislators in Sacramento urging that
any transit district biII include the provision that BART in San Mateo County
be subject to a separate electorate vote was concurred in by the Council.
Additionally, the Council was in agreement there should be input at the time
the bill is heard by the Assembly and the Senate.
PROCI,AMATIONS
The fol-lowing were proclaimed by Mayor Martin:
1. In response to a request from the California Advisory Council On Vocational
Educatj-on and Technical Training, February 10 through February 16, L974,
''VOCATIONAL EDUCATION WEEK. "
2. February 18 through February 22, 1974, "LEAGUE OF WOMEN VOIERS WEEK."
3. February 24 Lhrough March 3, L974, "KQED WEEK."
NEW BUSINESS
1. Stop Sign, occidental e Chapin Avenues: Councilman Mangini asked that a
study be made to determine whether this install-ation will satisfy the warrants.
The City Manager was requested. to refer the subject to the Health, Safety o
Traffic Conunission for investigation and report.
2 Filing Of Claims With Metropoli tan Transportation Commission For
Allocation Of Transportation Development (TDA) Monies: A communication
on this subject, received. by Mayor Martin from MIC, was referred to the City
Manager for analysis.
3. Dilapi tated Building, Clarendon/Howard At Councilman Cusickts request,
the City Manager was requested to have staff investigate, because of potential
for injury to neighborhood children. Perhaps a final notice should be mailed
to the owners ordering repair or demolition.
4. "Auto Row" sigin, Peninsula Avenue/El Camino Real: fn response to Councilman
Mangini, the City Manager reported he was aware the sign was damagedr estimates
are being solj-cited on repair costs.
5. Proposal For operation Of Bus Transportation System: A memorandum from the
City Manager dated January 3I, 1974, transmitting material from the City Planner,
was referred to the study meeting on February 6, L974.
6. Adjusted Speed Limits On Certain Streets: A hearj-ng on this subject, schedul-ed
for the meeting on February 19, 1974, was postponed to March, the City Manager
to decide whether the first or second meeting, because of the several matters
to be heard at the February 19 meeting.
7. Broadway Parking Study: The City Manager was requested to place this item
on the agenda for the meeting of February 19 | 1974, when the Council wil-I make
a determination as to hearing date.
ENVfRONMENTAL IMPACT REPORT, SAN FRANCISCO fNTERNATIONAL ATRPORT
Mayor Martin reported that the Airport Land Use Committee has taken the position
it has jurisdiction over expansion of the airport but the problem wiII be to
substantiate the position. ALUC, as well as the County of San Mateo, questions
the E.f.R. in three areas -- air and noise pollution and traffic. He reported,
also, that on January 24, 1974t 1egal action was initiated asking for a
preliminary injunction on the expansion, on grounds that E.I.R. procedures
were faulty. This appears to be an effective suit and. could result in some
problems for the City and County of San Francisco.
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ACKNOWLEDGME}TAS
1. Jenks & Adamson, Consulting Sanitary & Civil Engineers, under date of
January 29, L974, concerning "Burlingame-Millbrae Wastewater Disposal System
Project, Allocation Of Costs Based on Low Bids Received. " fn response to
the Chair, the Dj-rector of Public Works confirmed that each city is paying
its share of the al-l-ocated costs plus a proportion of the costs of South San
Francisco Treatment Plant modifi-cations.
2. Treasurerts Report, October, November, December, L9'73. The City Manager
was requested by the Chair to determine the form of investment selected by
the Treasurer for interest earning purposes.
3. City Planner report of Planning Commission hearings and actions, meeting of
January 28, L974.
4. Director of Recreation, January 23, L974, explanation of increased costs
of printing Spring activities program.
5. Minutes: Planning Conunission, January 14 and Parking Commission, January
23, L974.
ADJOURNMENI The meeting regularly adjourned at I1:I0 p.m.
Respectfully submitted,
Herbert K., City Clerk
APPROVED:
R.D. MARTIN, MAYOR