HomeMy WebLinkAboutMin - CC - 1980.03.0319
BURLINGAME, CALTFORNIA
March 3, 1980
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on
the above date in the City HalI Council Chambers. Meeting
was called to order at 8:00 P.M. by Mayor Irving S. Amstrup.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
MINUTES
The minutes of the adjourned regular meeting
and the regular meeting of February 19, 1980
adopted .
A}.,ISTRUP , BARTON , CROSBY, MANGINI , },IARTIN
NONE
of Eebruary 11
were approved and
BID CONSTDERATION OF SIGNAL INSTALLATION, BAYSHORE H I GI{WAY &
STANTON ROAD - PROJECT NO. OO7
Memo of February 27, 1980 from Director of Public
mitted bid summary and recommended acceptance of
Steiny & Company, I nc.
works trans-
low bid of
RESOLUTION NO. 11-80 ''AWARDING CONTRACT - SIGNAL INSTALLATION -
BAYSHORE HTGHWAY AND STANTON ROAD (PROJECT NO. OO7 ) " (Steiny o
Co. Inc., $79,796.00, bids on fil-e in office of City Clerk) was
introduced by Councilman Martin, secontl by Councilman Mangini,
carried on unanimous roLl call vote.
REOUEST OF CITIZENSI GROUP CONCERNING BURI,INGAME ICE SKATING RTNK
Letter ot 2/25/80 from Mrs. Florence Agius, 1411 Columbus Avenue,
and of 2/28/80 from Mr. and Mrs. .Ioseph Marchetti, 1440 Vancouver
Avenue, as well as petition signed by 68 Burlingame cj-tizens,
urged City Council aid in discouraging the closing of the Burlin-
qame Ice Skating rink at 1415 N. Carolan Avenue.
Mrs. Betty McNamara, 3064 Argue11o, addressed Council as rep-
resentative of a parents' group interested j-n saving the ice rink.
She said a committee had attempted to meet with Homestead Savings,
purchaser of this property, but had been unsuccessful . She
stated this rink, used as a traj-ning rink by potential professional"
skaters, was scheduled to close on March 16.
Ms. Perry McNamara, same address, told Council she had trained
here, had turned professional last year, and had students'
However, she will now have to take her students to Hay\,rard.
Mrs. McNanara again addressed Council, asking for help in mediating
with Homestead. Property is still in escrow; community group has
raised $100,000 toward purchase; and had made a commitment to
maintain and operate the rink. Sale price of rink is $500,000.
She and Mrs. Agius suggested the group could get a small business
loan vrhich process woul-d take 6 - 9 months. However, there was a
possibility original owner woul-d let them hold the note that long,
although there had been no presentation to this point. In response
to Council questions, Mrs. McNamara indicated a large amount of
money couJ-d be raised if grcup were given leeway of 30 days, adding
thalL 2'7 parents have volunteered to contribute $300 each for upkeep
of rink during that period.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by John R. Yost, City Pl-anner.
ROLL CALL
Council was supportive and sympathetic tovrard the parents' group,but wanted definite assurance of their ability to raise money
and make some sort of firm presentation if 30 days' grace were
made available, They questioned City Attorney how to assistIegaIIy as a Council. He replied the only thing they could doother than mediate was to buy it.
Mayor Amstrup, Councifman Martin, and Council-man Mangini volun-
teered as a committee to contact Homestead Savings \,zith the pur-
pose of mediation.
A Mr. Rufuer of Millbrae announced his support of the parents
group .
RESOLUT]ON NO. 12-80 I'RNSOLUTTON REOUESTING COOPERATION WITH
THE CITY OF BU RI INGA.IqE IN DISCUSSIONS RXGARDING THE FUTURE OF
THE BURLINGAME ICE RINK" was j-ntroduced by Councilman Martin
who moved its adoption, second by Councilman Mangini, carried on
unanimous vote.
RECESS
ASSOCIATION OF BAY AREA GOVERNMENTS RE
QUALITY LEAD AGENCY DES IGNATION
PROPOSED CHANGE IN AIR
Letters of 2/L5/80 and 2/22/BO from Susanne WiJ-son, president,
Association of Bay Area covernments, asked for membership help
in opposing suggested change to ABAG's position as leail agency
for air quality planning. Council approved this position.
RESOLUTION NO. 13-80 "RESOLUTION REGARDING AIR QUALITY PLANNING
RE-DESIGNATION" was introduced by Counc ilman Mangini who moved
its adoption, second by Councilman Martin, carried unanimously
on ro11 call vote.
ENTERTAINMENT PERMIT RENEWAL
CALIFORNIA DRI\,E
RANDY FAISS D/B/A P.J. 's, 261-
AYES: COUNCILMEMBERS:AMSTRUP, BARTON, MANGINI ,MARTIN
CROSBY
City Attorneyrs memo ot 2/26/80 recommended denial of this enter-
tainment permit on the basis of police activities within the
l-ast three month periotl and the fact that Mr. Jimmy Carrasco'
"sifent partner" in past management,has an apparent lack of re-
sponsibility for activities of the managers of this establishment.
neport from Police Departr.ent Servj-ces Bureau detailed nine in-
stances of police activity since 11,/13/79; and' City Attorney gave
Council report ot 3/3/80 from Chief Building Inspector listing
seven construction corrections to be made concerning work done
without building permj-t.
Mr. Ron Harmon, 261 California Drive, addressed Council. He
identified himself as new co-owner, since January, of P.J-ts,
rather than manager. He stated he had bought out Mr. Faiss' 50?
interest, and listed his efforts to "Clean up the image" of P.J.'s'
These included cancellatj-on of unacceptable types of entertainment
and control of operation, with no police activity since his take-
over. He noted illegat construction was started under Mr. Faiss,
and that he had cooperateil with the building department and wanted
to work with the community. He identified Mr. Carrasco, who was
present, as owner of several other establishments, and hence re-
l-ying on his managers for operation of this establishment.
Council cliscussed at some length, but favored denial of the
permit in view of the many recent police activities- However,
it was suggested Mr. Harmon shoul-d be allowetl to apply for new
permit as- ioon as health and safety conditions were corrected'
Councilwoman Barton moved entertainmen'E permit for P.J.rs be
denied, second by Councilman Mangini, carried on foll-owinq ro11
call- vote:
NAYES: COUNCILMEMBERS:
20
After short recess at 8:30 P.M. meeting reconvened.
CONSENT CALENDAR
1. CITY ATTORNEY AT']'ENDANCE AT NARCOTICS PARAPHERNALIA
CONFERENCE
City attorneyrs memo of February 26, 1980 requested permission
to attend narcotics paraphernalia conference sponsored by League
of California Cities and the City of Laker^rood, California.
2. LIABlLITY CLAIMS:
BU RL I I'IGA-I4E
CARRUF CORPORATION AND CAIRNS VS.
Memo of
of this
February
claim so
19, 1980 from City Attorney recomr.ended denial
that period cf limitations rvi11 comnence.
3. TENTATIVE CONDOMINIUM MAP, 16 LORTON AVENUE
4. PARCEL llAF, 1106/1f10 EL CAlrrlio REAL
Assistant City Engineer's memo of February 14, 1980 recom ended
approval of this parcel map with one condition.
5. .IMPROVED TRAFFIC
INTE RSECT ION
SIGNALS, EL C}JVjINO/FLORI BUNDA CAK GROVE
Memo of 2/27 /80 from Director of Public l^Iorks garre project
detail,s and cost distribution among the City, the State' and
ttre Town of Hillsborough for installation of these signals.
Burlingame's share would be $27'900, from Gas Tax funds. He
recommended City approve these projects.
6. RESOLUTION NO. 14-80 "ORDERING AND CALLING A GENERAL
MUNICIPAL ELECTION TO tsE HELD IN T}IE CITY CF BURI,iNC.AIqE ON APRIL
8, 1980; PROVIDING VOTIIIG PLACES AND DESIGI:iATIM ELECTIOI'I oFFICERS: "
7 . INTRODUCTION - ORDINANCE .\O. 117/, " P.EMO\.7I1'iC S TATUTOF.Y RE-
TREASUPER ANDQUIREMENT OF BONDS FOR CITY CLERK,
FINANCE DIRECTOR. ''
DEPUTY CITY
Councilman Crosby moved approval of the consent calendar, second
by Councitman trlangini, carried unanimously on roll ca1l. vote.
ORDINAI.ICE - SECOND READING - }IEARING
ORDINANCE NO. f}73 ''AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BURLINGAME RELATII{G TO THE CONSTRUCTION, OPERATION, REGULATION
AND CONTROL OF CABLE TELEVISION SYSTEMS IVIT}IIN THE CITY'S
TERRITORIAL LIMITS . .,
City Attorney's memo of 2/20/80 made several suggestions as to
the protection of the City's in+-erest and legal-ities of scme
portions of this ordinance prepareil by the Citlz's cat,le TV con-
sultant. This memo noted that " . . .there is no shorta-qe of
competition in the field. We therefore should receive a number
of proposals from competent operators under an ordinance which
thoroughly protects the City's interests. " Cj.ty Attorneyrs
suggestions as to these three portions of the ordinance:
Purchase up on termination of franchise: ordinance requires City
term-
Purchase be at the sole option of the city.
Facility relocation: Ordinance allows grante
to purchase operator's facil
ination of franchise d.ue to
ities in event o
failure to perfo
f non-renewal orri.!I. S u.,rgest j-on:
e to abandon any
sul:stantial re)-ocation,
Eliminate this clause.
to inspect onlyprovision that city
propeiEy ln-FIace, and if the city requests
i.t shal1 pay relocation costs. Sugqestion:
Review of Record.s: Ordinance alloivs City 3j1g6i
1oca1 records of the grantee.Suggestion: Adct
may inspect record.s of parent organization.
Mr. George L. Page, CATV consultant, 4242 Lake View B1vd., Lake
2L
Iqemo of February 26, from Assistant Cit1, prnlrruer recommended
City Council approval wj.thcut conditions for this map.
Oswego, Oregon addressed
that these changes wouldof his arguments:
Councif. He expostulated at length
discourage competent operators. Some
Purchase upon terminatj-on of Franchise
1. Franchise could be termj-natetl for breakdown in communication;
or renewal could depend upon the caprice of another City Council'
2. Operators investment of $3-4 mil-Iion in equipment and con-
struction costs must be protected. Electronics must be replaced
within ten year'si cable in 15 years. If operator does not have
assurance fianchise will be renewed, he must have assurance he
will get fair market value for his equipment.
3. Franchise agreement will be written so that Cj-ty haS control'
Councilwoman Barton thought point on operators investment was
g""a, ""a that enough saieguirds were written into the ordinance'
Councilman Martin stated he did not see
between this and other contracts in whic
involved and transferred. He suggeste'l
ordinance, not a contract, and he would
a great deal of dj-fference
h land and equipment is
this is an enabling
rather see the CitY Pro-
tected and then negotiate with the contract holder'
how "fair market vaIue" is determined.
He questioned
Councilman Mangini questioned why a reputable operator would be
fearful- of termination \4,ithout just cause.
City Manager suggested language be: "In the event of termination
and if it-is tleiermined thit a Carv system is to continue to be
iuitrorlrea in the city, then the city is required to purchase'"
This suggestion l^Ias not accepted.
Mayor Amstrup suggested that City Attorney's suggestion could
be ailopted but ra;ritten if difficulty presented'
Councilman Crosby was dubious of not accepting advice of City
Attorney .
Facility Relocation
include such things as data
video conferencj-ng. A good
services should not be Penalized
Review of Records
City wj-1l have all
records. Federaf reg-
necessary information.
I. Service to Burlingame will
transmission, video monitoring,
operator who will furnish these
by paying cost of refocation.
2.Thisisnotacontract.Thisordinancemerelystatesthe
"."p. *itf',in which the franchise contract will be written'
Bef6re the operators are "turned off" by this ordinance' we
must get their interest.
In response to Council questions, City Attorney noted hls
"ii."g.'"
-.i iminate the right of the operator to just puIl. up
stakes and leavei p.e.f .'ana the telephone company operate under
these suggested conditions.
Director of Public I{orks noted that this is a 15 year franchise'
rl.Ea" "f the city, such as street widening, etc" can change
greatly in t5 years ""a lir. City would haie to pay for relocation
5i tv 6qulp..tt. cort"irro*.n iarton thought-opet3!":-Y":11 b"
p."ifir6a -if th.". changes were made' - Councilman Martan drew
comparison between ,iv ien pays for relocation of equipment' and
,iv'it i" ordinance t"irra .rioi' operator to force city to pay for
*tit i= designated as "substantial" relocation'
t
t
1. Don't need corporate leveI records'
FCC reports, balance sheets, all local
ulatio-ns will assure that City has all
i" '"'
Lrr )L) L)
23
2. city need not care what this operator does in other areas.It is concerned only with business here. Rate of return basj-sis not contemplated.
3. operators wilt not bid if city seeks to see all records.
rn response to council questions, city Attorney gave j_nstances
of the Browning-Ferris Comnanlz with respect to rate charging,and the fact that the city auriitor had an interest in other-than the local books. He noted that after the first year theCity would not set TV rates.
Director of Finance confirrned that the city had arso had con-siderable difficulty in audit of a local frotet whose financialrecords were kept in the parent company out of Stat-e.
Director of Public Works commented that the City has t-o approverates and charges after the first year. He gave the exambie ofthe scavenger coinpany as a county-wide organization. Unlesstheir books are inspected, they can pay 8-mirlion to theirparent company, only two million to their subscribers, and saythey have to raise rates.
councilman l{artin stated he was interesLed in company recordsif rate of return is used as a basis for city's percentage; thisis also necessary in a rate setting situation.
councilwoman Barton suggested that Mr. page question reputabreoperators as to reasons for non-bid.
Meeting was opened to the floor.
Mr. Herb sommer, city Treasurer, suggested if city is requiredto buy abandoned oroperty it be done on the basis of cost lessdepreciation based on material life of equipment.
Councilman tlartin moved Council accept reconrmendations of CityAttorney in accordance with memo of February 20, 1980, secondby Councilman Mangini. There followed a discussion period. withcouncilman crosby remarking on conf licting ad.vice f rorn citlr's twoexperts.
i{r. Page again discussed at length t}re fact tirat reputableoperators have all the business they can handle, and if sub-jected to too rnuch regulation will not bict. To councilmanMangini's suggesLion that the City would be taking the risk whilethe operator was not, Mr. Page again pointed out that the franchise
agreement would have sufficient safeguards built into it, and therewas always the option of buy-out from other operators.
City Manager recommended that ordinance as proposed by consultantbe accepted.
councilman Martinrs motion failed on the following ro11 cailvote:
AYES : COUNCIL}IEII4BERS; I{ANGINI , MA}ITIN
NAYES: COUNCILMEMBERS: AMSTR.UP,BARTON,CROSBY
ivlr. Paqe suggested that amount of guaranty deposit, Page 76, and
pag.e l7 be changed from $100,000 to 950,000. Council agreed.
ORDINANCE NO. l-l-73 "AN ORDINAT{CE OF TIIE CITY COUI{CIL OF THE CITY
OF BURLINGAME RELATING TO TfiE COI.ISTRUCTION, OPEIIATION, REGULATION
AND CONTROL OF CABLE TELEVISION SYSTEMS WTTHTN THE CITY's
TERRITORIAL Lil!'lITS'' passed iLs second reading and was adopted on
rnotion of Councilwomatr tsarton, second by Councilman Crosby, carried.on unanimous ro11 call vote.
UNFINISHED BUSII{BSS
CITY ENGII(EER.
City Manager's memo of February 28 recommended organizational
--J
24
Councilman Mangini asked that comments on this budget be given
hi.m bef ore March 2 6 .
AIRPORT JOINT LAND USE STUDY REPORT
change in Public Works Department
of City Engineer. Council had no
allowing the separate pos.ition
obj ection .
cityfor
to
Councilman Martin reported that two Councifmen from each
council are to meet with city attorneys and city managers
consideration of this report. Burlingame City Manager is
inform Council representatives of date of next meeting.
NEI^I BUSINESS
Mayor Amstrup noted complaints from citizens in Easton area
regarding street sweeping. Director of Public Works stated this
had been corrected,
BURLINGAME HIGH SCHOOL CLOSURE
APPEAL
COASTAL BUILDING
Councilman Martin asked for Councit support of resolution pro-
posed by the City of HaIf Moon Bay endorsing legislation re-
turning jurisdiction in affordable housing matters to focal
agencies in coastal areas. Council agreed. City Manager was
requested to communicate with Half Moon Bay.
STUDY UEETING
Mayor Amstrup set study meeting for March 12, 1980.
ACKNOWLEDGMENTS
1. Comrnunication from City Manager and Assistant City Engineer
dated 2/27/802 Flood Insurance Base Map.
2- Letter from G. Michael Montross, 1538 Burlingame Avenue
dabed 2/26/80 concerning property at 1440 Chapin Avenue.
Staff will conmunicate with him.
3. Letter of 2/21/80 from Patricia Cockcroft, PTA president,
thanking Council for passage of Ordinances fI69 and 1170.
4. Letter of 2/26/80 from Jane E. Bannon,
Women's Club, in same vein as above'
Our Lady of Angels
5. Letter of 2/20/80 from residents of 2100 block of Trousdale
Drive acknowledging City Council support of annexation a-t-tempt.
6. Letter of 2/20/80 from Browning Ferris Industries re in-
crease in operating costs, to be further analyzed.
7. Letter of February 19, 1980 from Augustin Medina Jt., 82o
AREA DISASTER BUDGET
Council dj-scussed this possibility. Mayor Amstrup stated he
had written letter opposing this closing with the suggestion
that each city be allowed to keep at least one present high
school. He asked for officiaL Council stand on this closure.
Councilman Mangj-ni moved that Burlingame City Council officially
oppose closing Burlingame High School, second by Councilwoman
Barton, carried unanimously. City Manager is to communicate
this to School- District.
Letter of 3/3/80 from American Sign and Indicator Corporation,
Santa Ana, California appealed the denial of the Planning
Commi-ssion for a sign variance at Neufeld Porsche Audi. Mayor
Amstrup set hearing for regular meetj.ng of March 17.
25
Palomar r€ rent control and City Attorney's reply of 2/22/80-
B. City Planner: Negative Declarations.
9. Minutes: Park & Recreation Commission, February J-4, 1980.
ADJOURNMENT
Meeting regularly adjourned at 10:30 P.M.
€-Jr.- 7/ zll/
evelyn d. Hill
City C1erk
-_t