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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. 123 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