HomeMy WebLinkAboutMin - CC - 1981.01.19r66
BURLINGAME, CALIFORNIA
January 19, 1981
CALL TO ORDER
A regular meetj-ng of the Burlingame City Council was held on the
above date in the City HalI Council Chambers. Meeting was calIedto order at 8:05 P.M. by Mayor l4artin.
PLEDGE OF ALLEGIANCE
Led by John R.
ROLL CALL
Yost, City Planner.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
MINUTES
AMSTRUP, BARTON, CROSBY, MANGINI, MARTTN
None
Minutes of the regular meeting of 1/5/8I were approved and adopted.
JAYCEES
Mayor Martin commended the Burlingame Jaycees for their work inhonoring the returning hostages with ye1Iow ribbons on trees onEI Carnino Real and in the Broadway and Burlingame Avenue businessdistricts. He noted their efforts in promoting "Burlingame, Cityof Trees" by sale of tee shirts.
VARIANCE TO CONSTRUCT A COMMERCIAL BUILDING AT ]-].99 BROADWAY BY
GARBIS BEZDJIAN.
RESOLUTTON }]O. 5-81 I'RESOLUTIOI$ GRANTING PARKING VARIANCE 1199
BROADWAY''
City Attorney reviewed hearing on this variance at the Councilmeeting of January 5, 1981 which culminated in a motion by
Councilman Mangini, second by Councilman Crosby, that the variancebe approved with six Planninq Commission conditions plus thestipulation that certain tlzpes of uses would not be allowed. Thismotion was postponed to this meeting.
City Attorney reviewed resolution which he had prepared listingthese uses. He noted that the recorded resolution would act as a
deed restriction on the property, eliminating condition #1 of the
Planning Commission conditions: "That the variance be approved toMr. Garbis Bezdjian and be non-transferable. " Resolution alsocontains all of the other Planning Commission conditions.
Council discussed. In response to Council questions, City Plannerreported that this project would add a total of seven parking spaceson Broadway and Laguna instead of the previous 2, lj-mited by servicestation driveways. I{ith 8 onsite spaces, this would be a net gainof 13 parking spaces. He added that conditions contained in City
Engi-neer's memo of December 3,1980 covered questions on aIIey forwhich there is an encroachment oermit.
The original motion, restated and eliminating Planning Commissioncondition #1, \^/as sr:rnmed up as:
Variance is to be approved with the following conditions:
That the final working drawings for the Broadway Plaza be
consistent with the plans filed with this application;
That the conditions recommended by the City Engineer in hj-s
December 3,1980 memo and by the Park Director in his December
1, 1980 memo be met to the satisfaction of each department;
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2
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3 That
into
ingress be
the al1ey,
from Broadway with no left turns allowed
with egress on Laguna Avenuei
unanimously on rolf call vote.
4
5
That on-site parking be limited to employees only; and
That tenants of the proDerty shal1 be restricted to theretail sale of commodities or goods; it is the intention
of this condition that aL1 other types of businesses, in-cluding the providing of services such as food sa1es, beauty
shops, laundromats and offices, shal1 be prohibited. If anyuncertainty exists as to the classification of proposed
business, the person reouesting the use shall file an ap-plication with the PJ-anning Commission as provided for specialpermits by Chaoter 25 .16 .
RESOLUTION NO. 5-8I ''RESOLUTION GRANTING PARKING VARIANCE 1199
BROADWAYTT was
Motion carried
CERTIFI CATI ON
inEluaed in the motion.
OF CIVTL SERVICE DECISION: MICHAEL GOODERMOTE
Bl/ letter of December 17, 1980 Attorney Michael R. Nave had trans-mitted decision of the Civil Service Commission on disciplinaryaction taken against Michael coodermote. City Attorney j-nformed
Council that this action consisted of suspension for one shift forviolation of rules concerning length of hair and moustache. Councilcould affirm, revoke, or modify their decision.
Mr. Reno asked that Council reduce Civil Service decision to aletter of reprimand because the order Mr. Goodermote was given
was not reasonable; he did attempt to comply with it; the rule isinterpreted differently by different captains on different shifts.
City Attornelz told Council that obviously the Civil Service Com-mission did not believe Goodermote had mlde these efforts to complyfrom evidence they had seen. He stated that procedures have beenset up in the meet and confer Drocess to deal with disputes overru1es, but I4r. Goodermote chose another method rather than tryingto negotiate through an established process. City Attorney statedhe believed the Civil Service Commislion was correct in th-eir de-cision.
Mr. Reno stated the firefighters union had met with the Chiefearlier in the year, and it was the union's understanding that theywould have an agreement approvinq longer hair and moustaches. AlsoMr. coodermote did not realize that this should be handled by ameet and confer process.
City Attorney advised he had discussed the matter of rules withMr. cood.ermote i and also it was the Fj-re Chief 's understandingthat the rules had not yet been changed.
Mr. Duane Reno, attorney for Michael Good.ermote, addressed Council.
He focussed on Civil Service findings of fact contained in theirdecision, in particular:
*2. Rule regarding moustaches and hair inspires esprit de corps
and public confidence in firefiqhters. Reno: No evidence tosupport this finding. Most people these days have longer hair andbeards than these rules. Burlingame Police Department is allowed
more latitude in this, and there j-s no lack of confidence in them.
#5. coodermote had his hair trimmed but did not have moustachetrimned. Reno: Moustache \"ras trimmed every time it was requested.
#8. On deadline date of October 17, 1980, after hrarnings, Mr.
Goodermote was held in violation. Reno: After Mr. Goodermote wastold this on October 17, 1980, he had it trimmed again. This isnot in findings.
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Council questioned why a union representative would not be aware of
the meet and confer process after the17 had been contacted in this
case, and voiced support of the department head's interpretations.
After some discussion, they suggested that the Fire Department
concentrate on fighting fires rather that quibbling over lnatters
such as this which belonged more oroperly to the 60's.
Councilman Mangini moved that the action of the Civil Service Com-
mission be sustained, second by Councilwoman Barton, carried
unanj-mous1y.
CONSENT CALENDAR
I SETTING OF PUBLIC HEARING DATE ON PARKING CHANGES
OF TSP REPORT - FEBRUARY 17, 1981.
IN SECT]ON II
2 JPAC DIRECTOR JOB DESCRIPTION APPROVAL OF ADEQI.]ACY
Letter of January L4, 1981 from JPAC Selection Committee, transmitted
this job description, and reguested Council opinion.
3. TENTATIVE A]{D FINAL PARCEL MAP 77 7 AIRPORT BOI.]LEVARD
Memo of January L4, 1981 from City Engineer recoillmended approval
of this tentative and final oarcel map for Days Inn project.
4. OXFORD/CAIUBRTDGE/EL CAMTNO TNTERSECTTON
AUTHORIZATION OF $7,OOO F'OR IMPROVEMENTS.
TEMPORARY CLOSURE AND
Memo of January 7, 1981 from Director of Public Works recommended
aporoval of Oxiord/Cambrid,ge/nl Camino temporary closure and
upbrading Adeline/nl Camino traffic signals, with Cityrs partici-
pltion i; the project to be $7,000 from Gas Tax funds.
5. RESOLUTIONS:
A. RESOLUTION NO. 6-81 ''AUTHORIZING APPLICATION FOR TDA
GRANT FUNDS FOR CONSTRUCTION OF BICYCLE PA THWAY''
b. RESOLUTION NO. 7-81 ''AUTHORIZING EXECUTION OF AGREE}4ENT
FOR ENVIRONMENTAL
OFFICE COMPLEX. ,'
IMPACT REPORT -MARRIOTT HOTEL AND
Council discussed this briefly to the point that approval
of this agreement for EIR did not imply aoproval.of this
15 story fiotel project, and developer should anticipate
intensive discussion. City Planner reported that BCDC
staff considered that a project of this height and bulk
should be set back further from the shoreline.
c. RESOLL]TION NO. B-71 "ADOPTING IN CONCEPT, THE OBJECTIVES
AND JOINT ACTION PLAN OF THE JOINT LAND USE STUDY FOR
SAN FRANCISCO AIRPORT AND ITS ENVIRONS AREA. ''
d. RESOLUTION NO. 9-81 ''AUTHORIZING EXECUTION OF AGREEMENT
WITH THE COUN OF SAN M.ATEO CONCERNIN G PROCEDURE FOR
PROCESSING PARKING CITATIONS. ,'
Finance Director'S memo of January 5, 1981 recommended
that Council approve this agreement per attached report
of November 6, 1980 which detailed procedure and recom-
mended a transfer of $3,500 to Parking and Finance budgets
from the contingency reserve upon Council approval of con-
tract.
e. RESOLUTION NO. 10-81 ''AUTHORIZING SIGNING OF RETIRE}4ENT
MANAGER AND CITY ATTORNEY. "APPLICATIONS BY CITY
ORDINANCES INTRODUCTION
a. ORDINANCE NO. 1192 ''AN ORDINANCE AMENDING THE LINIFORM
STANDARDSCODE TO REQUIRE CERTBUILDII{G
IN GROUP
6
R-1 OCCUPANCIES. ''
AIN CONSTRUCTION
b. ORDINANCE NO. 1193 'AN ORDINANCE TO REOUIRE SMOKE
BY JANUARY I, 1982"DETECTORS IN ALL HOTELS
C. ORDINANCE NO. 1194 ''ORDINANCE ESTABLISHING PORTIONS
d
OF LAGUNA AVFNUII AS ONE-WAY STREET"
ORDINANCE NO. 1195 "ORDINANCE ESTABLISHING TWO-HOUR
PARKING LIMIT ON PORTIONS OF CAPUCHINO AVENUE, CHULA
VISTA AVENUE, LAGUNA AVENUE AND PALOMA AVENUE.'
Mayor Martin noted that all people on these streets
should be noticed of the date of the hearing.
Councilman Crosby moved approval of the consent calendar, second
by Councilman Mangini, carried unanimously.
P ROCLAMATION
Mayor Martin procLaimed the week of January 23-30, 1981 as 'Chj-Id
Passenger Safety Week. "
APPROVALS
WARRANTS
warrant Nos. 7676 through 7986, duly audited, in the amount of
$1,055,902.82 were approved for payment on motion of Councilman
Crosby, second by Councilman Amstrup, carried unanimously.
PAYROLL
Payroll for December, 1980, Check Nos. 22881 through 23497,
in the amount of $472,245.45 approved for payment on motion of
Councifman Crosby, second by Councilman Amstrup' carried unanimously.
OLD BUS INESS
Memo of January 9, 1981 from city Attorney noted that this amendment
"woutd provide that evidence could not be excluded or limited in
a 1ega1 proceeding except as provided by other statute or required
by the United States Constitution. "
Po1ice Chief noted this would limit our state Court to U.S. Supreme
Court standards. City Attorney added it would app1y only to areas
of search and seizure.
Councilman Amstrup moved that Council support this amendment by com-
municating with state Legislature and urging their approval, second
by Councilman Mangini.
Mayor Martin stated he considered the proper role of government
as the separation of state and Federal po\,rers, and suggested the
alternative solution of replacement of the State Supreme Court judges.
Motion carried on the following vote:
AYES : COUNCILMEMBERS: AMSTRUP, BARTON, CROSBY,MANGINI
NAYES: COUNCILMEMBERS: MARTIN.
NEId BUS INESS
OFFICE CONDOS
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PROPOSED SENATE CONSTITUTIONAL AMENDMENT NO. 7
In response to question from Councilman Crosbyr City Planner stated
that "Office Condo" aL 1424 Chapin as noted on Negative Declaration
will be a three story office buj-1ding, the units of which will be
sol-d separately. rf approved, it would be the first office condo
in the City.
Mr. Ken Costa representing the Boutique & Villager, was congratulated
by Council on the addition to his family.
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C RIME
In response to question from Councilwoman Barton as to how citizens
can help stem seemingly increasing burglaries, Po1ice Chief stated
he had assigned additional manpower to streets being "hj-t", and
suggested citizens always call police when they see any suspicious
activity.
ACKNOWLEDGMENTS
1. Letter of December 11, 1980 from World Congress of Poets.
Councilwoman Barton suggested staff answer this letter.
2. City Ptanner - Negative Declarations
3. Minutes S.M. operational Area Civil Defense and Disaster
Counci 1 .
4. Fire Department Report, Police Department RePort, Treasurer's
Report
5. Minutes: Planning Commission, l/12/81; Library Board 12/16/80.
ADJOURNMENT
Councilman Amstrup thanked Council for their sympathy on the passing
of his mother. One minute of silence was observed in her honor, and
meeting adjourned at 9:05 P.M. in respect to her memory.
8^*1,*l/ 7,1J1
hvetynfii-. nitt
City Clerk