HomeMy WebLinkAboutMin - CC - 1971.11.01145
Bur lingame, California
November 1, L97L
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on
date. The meeting was called to order at 8:oo p.m., by Mayor
Amstrup.
the above
frving S.
PLEDGE OF ALLEGTANCE
At the Chairrs invitation the City Planner 1ed the assemblage in the
Pledge of Allegiance to the Flag.
ROLL CALL
Present
Absent
- Councilmen:
- Councilmen:
Ams trup -Cr osby- Johns on - Man gin i -Mar t in
None
The minutes of the meeting of October 18, L97L, previously submitted
to Council, were approved and adopted.
Mayor Amstrup welcomed Vice-Mayor Johnson, who had been ill but made
a special effort to be present because of the public hearing scheduled
for this meeting. He also expressed grateful appreciation for the
many remembrances and good wishes received by lks. Amstrup during herrecent illness and reported that she has been released from the hospital
and is convalescing at home.
HEARING - Continued from the meeting of October 18, L97Lz
ORDfANCE NO. 936 f'An Ordiance Amendin g The lvlunicipal Cocle Of
The City of Burlingame By Adding Chapter 25.AO (Reports of Resi-
i- dential Building Records) To Title 25 (Zoning. ) I'
Prior to declaring the hearing open, Mayor Amstrup stated that it is
apparent that the full-page advertisenent in the October 27 issue of
The Advance Star, urging opposition to the proposed ordinance, has
created considerable interest and perhaps some misconceptions as to
the purpose of the ordinance and the position of the City Council.
Mayor Anstrup explained that the Council has been aware for some timeof problens involving residential buildings that have been remodeled
and enlarged in violation of building and zoning codes without bene-fit of building permits, and of difficulties encountered by new
owners of such properties who are unaware of the violations. Hestated that in an attempt to introduce some form of control, staff wasdirected to prepare a draft of ordinance for Councilrs consideration,that all of the rnaterial was made available to the Board of Realtorsfor review and suggestions, and an attenpt made through the pressto inform the public at large of the proposed regislation. He
explained that due to a series of circumstances, the rnatter has beencarried over a succession of meetings and that Council has not taken
an official stand because there has never been a fuII and cornplete
hear ing.
Following an announcement of ground rules, Mayor Amstrup declaredthe hearing open, pointed out the three basic issues to be considered--shaIl the city adopt an ordinance requiring a "report of residentialbuilding record" prior to sale or exchange of any such building;shall the ordinance provide that the report contain only such infor-
mation that can be obtained through search of city records; shall therebe a requirement for physical inspection of the property to supplementinformation obtainable from city records.
The privilege of the floor was extended to persons objecting to theproposed ordinance.
MINUTE.S
r46
IvIr. Hugh conno1ly, attorney representing the san Mateo-Burringame
Board of Realtors, directed his opening comments to the three questions
posed by the chair, stating that his crients are not opposed to anordinance per se, nor to the requirements for a report limited toinformation on file in the city harl, but do oppose inclusion of arequirement for physical inspections. Iqr. Connolly referred to hiswritten rePort filed with Council prior to the meeting of October 18,clarifying the position of the members of the Board of Realtors;he stated that the principal object ion is to the proposal for manda-tory physical inspection on the grounds that any provision for suchinspection is unconstitutionar and ilregal, citing the case of
a he 1C1 Court of t ci and Count of San FY :.SCOhe stated further that the state enabl ng law does not ts termsinclude the possibility of physical inspection. Mr. connolly main-tained that the language of the report form prepared by staff is vague,calling for opinions in too many areas--this, in turn, could be unfairto both homeowner and buyer. IvIr. Connolly requested Council's considerationto the form of ordinance which he prepared, using the ordinance on the
books of San Flancisco as a guide, whereby the matter of physical inspection
would be left to the discretion of the property owner, a prespective
buyer would be made aware of whether or not a physical inspection had
been made, and the matter of rectifying defects disclosed by the inspection
would be negotiated between seller and buyer. fn conclusion, Irtr.
Connolly agreed that the matter before Council is not without difficulty--it is one in which the city has a responsibility but the objective
should be a practical, workable ordinance from the standpoint of thecity and one that is fair to the property owner.
Ivlr. Robert Bil1s, 483 lt4arin Drive, recalled that he appeared beforeCouncil on September 2O, L97L, to protest the ordinance as proposed
and made his position clear in a recent advertisement in the AdvanceStar. He reported that the advertisement elicited very warm andenthusiastic suppport, that 267 baLlots were received from homeowners,a number of whom have many years of residence in the city;
additionally, 185 signatures were affixed to petitions opposing the
ordinance.
The petitions and ballots were filed with the City Clerk.
Ivlr. Bills suggested if there is to be such an ordinance that it be
drafted according to recommendations of the State Legislature and
that the buyer-not the seller-be required to pay for the inspection
report, as we would pay for title insurance, termite inspections andother services which protect him. In defense of his position,
IvIr. Bills stated that he purchased his home in good faith and learned,
after expending considerable time, effort and money to'improve the
property, that an addition made by a prior owner may be illega1 or
non-conforming and that adoption of the ordinance as written can have
the effect of subjecting him, and other homeowners in similar situa-
tions, to financial hardship in the sale of a property by reason of an
illegal condition over which they had no controll ivt. Bills requested
that on-site inspections not be mandatogy.
IvIr. George Smith, 264L Martinez Drive, and l,tr. Roderick J. OrMeara,
1109 Drake Avenue, stated that it is the buyer rs responsibility to
investigate and determine whether a property conforms to building and
zoning regulations and that mandatory physical inspections will
violate the right of a homeowner to privacy.
Ihe Chair referred to a report filed by the City Attorney dated
November 1, L97L, titled 'Report of Residential Building Record.'r
Ttre report read in its entirety by the City Attorney concluded with
the follouring recomnendations: 'tI. That the ordinance, as introduced,
be revised to include only use reports; and 2. That the ordinance as
introduced, Iimit the use reports to a disclosure of information avail-
able in the Cityrs files. "
Mr. Henry Baum, 3083 Arguello Drive, reported that as a realtor in
Business in the City of San Francisco he has had considerable experi-
ence with the cityrs ordinance, that there was considerable oppo-
sition when the ordinance was introduced but experience has proved
-
117
its value to all concerned parties, and that there is provision for
physical inspection report when requested by the owner; he stated
that he is opposed to the physical inspection, has never used it,
nor do most realtors.
fn response to the Chair rs inquiry, no one appeared from the audience
to support the ordinance.
Declaring the hearing closed, the Chair invited Council to comment.
Council-rnan l,tangini asked whether the implied threat of being forced
to make changes in property was the primary concern of the opponents;
he noted that the words 'rmandatory inspectionf? first appeared in a
nemo from the Board of Realtors, not in the draft of ordinance.
Mr. Neil Strain, presi<lent of the realtors boxd, explained there
appeared to be good reason at the time for tecommending mandatory
inspections but it was discovered later that the requirement would
be in conflict with the state enabling legislation.
Councilman Crosby stated that Council is faced regularly with appli-
cations for variance where people have been told by a real-estate
man or the former ou,ner that a variance can be obtained for a pro-
perty to allow certain uses which, in fact, are not permittea in
the zoning classification and that, hopefully, the proposed ordin-
ance will create a safeguard by alerting all parties to illegal
conditions that may exist. He agreed that the language of the or-
dinance may require revision but that the basic idea is sound and
should be pursued; he indicated that providing for "physical inspec-
tion" would not appear to be essential to the ordinance.
Councilman Martin stated there have been four amendments proposed--
one each in Sections 25.80.O3OrC4OrO.5O and O7O--since the ordinance
was introduced on June 21, L97Li he reviewed the amendments briefly,
stated that it was Councilrs decision to invite comments fron the
realtors board and other interested citizens; when the initial pub-
lic hearing was held on July 19 questions raised by the real estate
people were teferxed to staff and, since thatdate, there has been
a continuing process at staff level--Council has not taken a collec-
tive position. Commenting that the City Attorney seems to feel that
an ordinance would be appropriate, Councilman Martin stated that he,
personally, would not be too adamant about mandatory physical inspec-
tions.
Mayor Amstrup commented that it naa always been his feeling that the
people of Burlingame were known for their neighborliness and regard
for their fellowmen and that he was disappointed that any member of
the community should feel it necessary to insert the type of adver-
tisement that appeared in the local Paper. He e:<plained that any
action taken by Council is motivated by a desire to make the city
a better place in which to live and that the ordinance was prepareri
with that thought in rnind; he r.ecommended that the ordinance not pro-
vide for mandatory physical inspection.
Councilman Johnson stated that she has given considerable thought
to the ordinance, listened with interest to the publiers reaction
and hoped that the people understood that Council has made no de-
cision. She e.xpressed opposition to mandatory physical inspections,
commenting that the buyer has available to him zoning and building
perrnit records in the city hall and, as pointed out by a speaker
from the audience, the responsibility of using good judgment.
Councilman Johnson reported that she had inquiries from three ac-
quaintances after the newspaper advertisement appeared--they were
informed that Council had not reached a decision and were invited
to attend the present heari.ng; one person, who asked about the bal-
lot that appeared in the neurspaper, was told to complete it and
mail it in, if that was his pleasure. Commenting that the headlines
of the advertisement are very misleadingrshe stated that Council
scheduled a hearing for the express purpose of informing the public
and the real estate group of the proposed legislation, as the min--
utes of the Council neeting of June 21, L97L, will show, and only
after everyone has had the opportunity to be heard, will she be
prepared to vote in the very best interests of the people of Burl-
ingame.
148
Following a period of further discussion, the city Attorney re-ported that a revised draft of ordinance will be prepared and filedin the office of the city crerk on Thursday, November 11, at noon,which is the agenda deadline for the neeting on the lSth.
A request frorn the floor from l,tr. Roderick J. ofMeara that therevised ordinance be published as soon as available received supportfrom the audience.
A motion introduced by councirman crosby, seconded by councirmanMangini and unanimously carried, authorized publication of the re-vised ordinance one time in each of the following newspapers: sanl,Iateo Times, The Advance star, Millbrae Leader, and HillsboroughBoutique, at the earliest possible date, in type rarger than thatordinarily used in ordinance publications.
l,tayor Amstrup announced that the revised draft will be beforeCouncil for first reading at the regular meeting of November 15, L9ZL.
RECOIVVENE
Following a recess at
at 1O:10 p.m.
9:5O p.m., the Chair reconvened the meeting
BIDS
STORMDRA IN IMPROVEMBTITS
Bj-ds for storm drainage improvements at three locations--park De-partment Yard in washington Park, california Drive and Bayswater
and california Drive and Peninsula--were received and opened on
October 27, L97L, at 2:oo p"*., in compliance with public notice,
and were declared as follows:
BTDDER TOTAL BID
C. W. Roen Construction Cornpany $ta, aze. oo
trtenrick & Associates
R.D. Ramiree, Inc,
The Lor.vrie Paving Co., Inc.
Soil Engineers Construction Co.
O. K. Construction, fnc.
Alf Burtleson Construction
Pisano Bros.
17, Los. OO
20,610. OO
2A 1637 .OO
20,7L4.OO
24,534.AO
24,864.OO
26,L89,tO
Engineer's Estiruate $13r29O.OO
A communication from the Director of Public Works, dated October 28,
advised that monies are budgeted in the current budget for ScheduleT, Park Department Yard; the other two schedules can be financed
from Gas Tax F\rnds. The comrnunication recommended award of bid tothe lowest responsible bidder, C. W. Roen Construction Company. An
addendum to the letter from the City Manager concurred in the recom-
mendation.
RESOLUTION NO. 6L-71 "Awardi ng Contract - Storm Drain Improvements
I. Park Department Yard, II. California Drive at Bayswater,'fIL California Drive at Peninsula, Job No" 7L-L2 (C.W.Roen Construc-
tion Company - $14r829.OO) was introduced for passage on motion of
Councilman Crosby, seconded by Councilman Ivlangini and unanimously
carried on roIL call.
COMMTJNICATIONS
1. TOPICS PR OJECT -- Traffic Siqnals El Camino Real and l,trrchison
A letter dated &ftober 22, L97L, from the Director of Pub1ic Works
reported that approval has been received for TOPICS financing to
be used for the poposecl traffic signals at El Camino Real and
149
Murchison Drive and that a supplemental agreement, in addition to
the previousLy executed master TOPICS Agreement, is required.
The communication recommended approval of the supplemental agree--
ment by resolution. fn an addendurn to the letter, the City Manager
concurred in the recommendation.
RESOLUAION NO. 62-71 "Authorizing Execution of Supplement No. I
To Master Agreement Between The City Of Burlingame And The State of
California, Acting By and Through The Division Of Highways Of The
Department Of Public Works--Program Of Local Agency Topics Irprove-
ment Projects fn The City Of Burlingame'r was introduced for passage
on motion of Councilman Martin, seconded by Councilman Crosby and
unanimously carried on ro11 cal1.
2. SHOIdBOAT AMUSEMENT LICENSE
A communication from the City Manager dated October 28, 197L, re-
ported that the Showboatrs Amusement License is subject to renewal
after six months operation, that there are new owners of the rest-
aurant, who are recomraended by the various departments requiring
approval and it would appear to be in order to reneur the dance
permit. (Staff reports are on file)
A motion introduced by Councilman Martin authorizing transfer of
the dance permit to t"lelody Corporation, current owner of the
Showboat Restaurant, 41O Airport Boulevard, for a period of one
year was seconded by Councilman Johnson and unanimously carried.
3. UTILITY EASEMENTS ADRIAN COI.'RT SUBDIVISION
A letter dated October 2L, L97L, from the Director of h.rblic ltorks
reported that proper descriptions for easements for the purpose of
accommodating sanitary sewer, storm drain, underground power and
water distribution main, in relation to the Adrian Court Subdivision,
have been received. The communication recommended that the grants
of easement be acceptecl, since the subdivision has recently been
corpleted. In an addendum to the letter, the City Manager concurred
in the recommendation.
RESOLUTTON NO. 63-7L rrAccepting Easement Deed FYom TitIe Insurance
And Trust Company, a corporation, hted October 11, L97L, '\ras in--
troduced for passage on motion of Councilman lrtangini, seconded by
Councilman Crosby and unanimously carried on ro11 cal1.
RESOLUTfON NO. 64-7L 'Accepting Easement Deed Flom Airport Propertieg,
fnc., a corporation, Dated Septenber L7, L9TL,n was introduced for
passage on motion of Councilman Mangini, seconded by Councilman Crosby
and unanimously carried on ro11 calI.
4. FEMRAL-AID URBAN SYSTEM
A communication dated October 27, L97L, from the Director of Pub1ic
Works referred to correspondence submitted by the State Division of
Highways enlisting the city's sanction of the proposed Federal Aid
Road System. The communication stated that within the City of
Burringame the only change apparently seems to be making EI camino
ReaI a part of the Federal Aid Urban Road System. The communication
submitted copies of pertinent correspondence and a copy of a sarnpleresolution endorsing the use of Ftrnctional Classification Systemfor determining the Federal-Aid Urban System and other present andfuture Federal-Aid Systems.
In his cornmunication, the Director of Public Works stated there
would appear to be no disadvantage to the City of Burlingame inpassing such a resolution.
fn an addendum to the letter, the City Itdanager recommended passageof an appropriate resolution.
fn response to an inquiry raised by Councilman Mangini, the City
Engineer reported that the program could be a method of financing
inprovements on El Camino Real by the city or state but, in anyevent, the city is protected to the extent that any improvements
on El Camino Real would require an agreement between the city and
1.50
state.
ORDINANCE NO. 9/16 rrAdopting By Reference The Uniform Plumbing Code,
197O Edition, With Amendments, And Amending Section LA"L2.O1O Of
The Burlingame l,lunicipal Code And Establishing Rules, Regulations
And Standards For The Installation Of Plumbing Fixtures And Appli-
ancesrr was introduced for first reading by Councilman Crosby.
Councilman Martin requested that he be furnished copies of the
occeptions appearing in the cityrs code.
tvtr. Thomas Hunter, Business Manager, Plumbers and Steam Fitters
Local Union, requested permission to speak on the proposed ordinance.
He was invited to attend the meeting of November 15, L97L, when the
ordinance would be before Council for second reading'
ORDINANCE NO. qL7 "An Ordinance Creating And Establishing The
Department of Planning, Establishing The Off ice Of City Planner And
Defining The Duties And Responsibilities Of The Office" was referred
to the City Attorney to add an additional section providing for re-
moval from office.
IJNFINISHED BUSINESS
1 PARI(ING RESTRICT ION OPPOSITE WASHINGTON PARK
The City Manager responded to Councilman Manginits inquiry concern-
ing the ordinance recently adopted to restrict parking in the area of
the Recreation Center, explaining that the matter will be revier,ued
at the study meeting of November 3.
BILLBOARD,BAYSHORE FREEWAY
The City Planner, responding to Councilman Martin's inquiry regard-
ing the status of the billboard structure, reported that one-half has
been removed and the remaining portion repainted.
HILLSIDE DR rLLO AVENUE SIGNAL
In response to Councilman Crosby, the City Engineer stated that an
order will be issued shortly for material for the pedestrian acti-
vated signal at the above location and that delivery will probably
take about six weeks.
SAN FRANC ISCO AIRPMT ACCESS PROJECT
Mayor Amstrup referred to the Draft Fina1 Report of the San Francisco
Airport Access Project. The City Manager commented that the report
is lubject to review and approval by a number of agencies and that
it will be some time before the project nears implenentation.
NET{ BUSINESS
CHAMBER OF COMMERCE GENERAL MEETTNG
COLINCIIJ,IAN Jotrnson reported that the City Manager is arranging to
present a 'rstate of the City" report to the Chamber of Commerce at
its meeting on FYiday, November 5" The City Manager stated that the
Chief of police and the Fire Chief will address the meeting; addition-
aIly, he will report on capital improvement projects.
LTEUTENANT TODD RETIREMENT
Ttre Chief of police extended an invitation to Council and all other
interested persons to a retirement dinner to be held December 15 at
the Hyatt House for Lieutenant Lorin Todd.
COMMTSSTON
trrith Council concurrence, Mayor Amstrup announced the following
RESOLUTION NO. 65-71 "Supporting Federal-Aid Urban System" was
introduced for passage on motion of Councilrnan Crosby, seconded by
Councilman Mangini and unanimously approved on ro11 call.
ORDINANCES
reappointments to city connissions :
Beautification l A. woods ciberson, !trs. Aline H, I,o.r enz,!,ks. Willa L. Sexton
Par kino:r{i l l iam F. Orr
Park and Recr eati on :Robert t eahy
The City Manager was requested to urrite letters of confirmationl
and to thank Michael R. Nave, who declined reappointnent to the
Parking Conrnission, for his past service.
The City l"lanager r€ported there are two vacancies remaining on
the Parking Conrnission and one on Civil Service and that he has been
unsuccessful thus far in contacting l4rs. B€tty I-ane and Rober t Lenardon,
who are eligible for reappointnent to Park and Recreation.
APPEAL HEAR ING SCTIEDULED
Acknowledgment was made of a letter dated November I, 1971, from
the law offices of Anderson, !,bMi llan & Connolly, requesting a
hearing before council to appeal the denial by the Planning Com--
nission of an application for special permit filed by William J.
Thorpson for modif,ication of an existing accessory sturcture at
2701 !,lariposa.
The natter was scheduled for public hearing on Dec enber 6
BICrcLE ROUTES
L97L.
Conntrnications flom individuals requesting consideration to estab-
lishrnent of bike routes in the City of Burlingame uere referred by
the Chair to Park and Recreation Commission for review and recom--
mendation.
TOUR IST AND CONVEMION BUREAI'
Iuayor Anstrup announced that the new officers for the San Mateo
County Convention and Visitors Bureau have been chosen and that,
hopefully, a nanager will be selected and matters of adrninistration
resolved by the first of next year.
N BAG
Councilman l"tartin stated that Bay Area Study of Aviation Requirenents
(BASAR ) will be before the General Asserdbly neeting of ABAG on
Thursday, Nove ber 11, 1971.
ADJOURNMENT
The rneeting was legularly adjoulned at 1O:5O p.m., to an Executive
Ses6ion on lvednesday, November 3, 197L, at 8:Oo p.n.
APPROVED
TRVTNG S
MA
AMSTRUP
t5l
Respectfully subnitted,
}TF:ABERT K. WTIITE
Citv Clerk-zM