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BURLINGAME, CALIFORNIA
October L, 1979
CALL TO ORDER
A regular meeting of the Burlingarne City Council was held on theabove date in the City Hal1 Council Chambers. I4eeting was ca1ledto order at Bz25 P. M. b1z Mayor Amstrup at conclusion of executivesession beginning at 7:30 P.M. at which consultants for BayfrontPlan and Waterfront El-ement of General Plan were interviewed.
PLEDGE OF ALLEGTANCE TO THE FLAG
Led by Alfred J
ROLL CALL
Palmer, Police Chief.
COUNCIL MEMBERS PRESENT : AMSTRUP,BARTON,CROSBY,MANGINI,MARTIN
COLINCIL MEI{BERS ABSENT: None
MINUTES
The minutes of theproved and adopted.
regular meeting of September 17, 1979 were ap-
APPLICATION FOR PERMIT TO SELL USED AUTOMOBTLES
DRIVE GREG COMAROTO AND MAHMOUD ZARREHPARVAR
IO37 CALIFORNIA
Mayor Amstrup set
November 5, 1979,
1i-cation.
this item for hearing at the
because of code requirements
Council meeting offor newspaper pub-
ENTERTAINMENT PERMIT RENEWAL EGGPIANT RESTAURANT, 1310 OLD BAYSHORE
Letter of September 4, 1979 from Acting Chief of Police indicated noparticular police problems with this establishment and recommended
one year renewal of the permit. Letter of August 28, 7979 fromHealth Department, County of San Mateo, stated result of sanitationinspection at this restaurant was satisfactory.
Councilman lt{angini moved renewal of this permit for a one year period,
second by Councilwoman Barton, carried on unanimous vote.
ENTERTAINMENT PERMIT NEW
JJ7 Inc., DBA JOHNTS PLACE 348 LORTON AVENUE JERRY LYERLA
Letter of September 24, 1979 from Mr. Lyerla applied for entertainmentpermit for the hours of 8:00 P.M, to 1:00 A,M. on Sundays for Western
music and an occasional evening of organ music organ to be with sideattachments as a "one-man band. "
After describing application, Mayor Amstrup opened public hearing.
Mr. Lyerla addressed Council regarding his new application. He statedhis previous application had been denied because he was not present atthe hearing. He affirmed he had not been informed of the hearing date.Mr. Lyerla stated he had been in business in this area for 25 years and
advanced as reasons for permit approval the facts that: 1. Approvalsof place of business had been received from Fire Department, Po1ice
Department, Health Departrnent, Building Inspector. 2. Business is notwithin a block of any type of residence. I,ii11 not be a noise disturb-ance. 3. Music is country lalestern and does not appeal to young peopleor motorcycle types. 4. Entertaimnent permit needed to help pay
$26,000 a year lease. Lease, of which he had sent Council copies, doesnot prohibit entertainment. In response to Council question, Mr. Lyerlastated the organ music would be no more than three times a month.
Fire Chief reported that Fire Department regulations were saLisfactorily
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138
met with the final correction of a
tension cord had been used because
New breaker has been installed.
situation where a long ex-
of a faulty cj-rcuit breaker.
Some Council members expressed unease in dealing with the 1ease,
a matter between the landlord and tenant, affirming theirposition was to consider an entertainment permit and not toarbitrate a personality conflict. City Attorney recommendedthat any disputes over the lease and whether or not it implies
entertainment can be permitted should be settled beti^/een Mr.
Lyerl-a and the landlord.
Attorney Marcel Biscay addressed Council- as a representative ofMr. and Mrs. John Garbuio, Lyerla's landlords. His argunent
was that an entertainment permit would create noise in this
neighborhood and in the residential neighborhood I block away.
He stated the Fiat Agency had complained, and gave Council apetition signed by four firms in the neighborhood, among them
George Bowers Company, which opposed entertainment permit becauseof debris and carelessness of patrons. In response to Councilquestion about how there could be noise complaints on this bfock
from such as the Fiat Agency and Bowers when such business andother offices are not open on Sundays, Attorney Biscay repliedthat if there were noise and if there were someone thbne they
would hear it. In response to question on how could they objectif they were not there, he stated he did not know.
Some Council co[unents were: argument about noise was weak, and
apparently real objection is to debris in front which has nothing
to do with an entertaj-nment permit.
Council members questj-oned l-ack of supporting d.ocumentation on
this application such as fire department report, police report.Staff remj-nded Council that polj-ce report had been submitted withprior appl ication.
Councilman Mangini withdrew his motion, and Council decided to
delay decision on this permit until the next regular meeting so thatthey could peruse updated fire department report as well as other
complete documentation.
Mayor Amstrup announced public hearing was closed and that permit
would be continued to meeting of October 15.
RECES S
Short recess was declared at 9:00 P.M
STAFF MEMORANDA
1. CITY DIANAGER: GREYHOUND EXTENSION OF RENTAL
creyhound Linesr letter of September 2l , 1979 requested
of their lease on a month-to-month basis since they are
pared to enter into a long-term extension at this time.
were no Council objections to rental on this basis.
extens ionnot pre-
There
2. CITY ATTORNEY: 50-50 MUFFLER
At the request of Mayor 7\mstrup, Councilwoman Barton read in full
rnemo of September 24, 1979 from City Attorney reviewing this
situation as it existed in the past and as now corrected, vTith
the notation that, "Future enforcement will simply be a policing
prob lem
Chester Watson, 1511 Newlands, addressed CounciL as representative
Councilman Mangini moved that entertainment permit be granted fora period of three months for Sunday music, to be country and
Western, organ music to be once every two weeks, with no dancing
desired.
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139
of the neighborhood. He stated they have been pleaseil withthe results over the l-ast three weeks, and there are noproblems. If there are problems in the future, they v/i11refer to the Police Department.
Councj-l agreed. to conclude this subject unless there werefuture developments. There was Council conment, however, thatthe sidewalk obstruction in particular should be monitored.
CONSENT CALENDAR
1. TENTATIVE MAP,
COMMISSION
10 O 8 EL CA.IVIINO REAL RECOMMENDED BY PLANNING
RESOLUTIONS:
RESOLUTTON NO. 72-79
Memo of September ]-8, 1979 from Assistant City Engineer statedthis tentative map for condo project at this address was re-viewed by Planning Commission and recommended for approval bythem subject to four conditions. Excerpt from planning Commissionminutes listed these conditions of which the third, ". .that theunderground parking be l-eft open and not have a security gatertl
was questioned by Councilman Martin. City planner reported therewas no room for required visitor parking except underground; hence,it could not be secured. The Councilman stated he would agree withthe condition if it stated that parking und.erground would be securedwith at least 2 - 3 spaces outside the security gate. City planner
agreed to change the condition.
2
A
B
IIACCEPTING WASHINGTON PARK LIGHTING PROJECT.'
"GRANTING SPECIAL PERMfT, 792 WILLBOROUGH
DRIVE FROM ALL DTRECTIONS II
moved approval of the consent calendar, secondcarried on unanimous vote.
There was no
s second reading and was adopted on motiond bv Councilman Crosby, unanimous ro11 call
B. RESOLUTION NO. 73-79
FLACE ii-
SAN },IATEO
BURLINGAME
C. RESOLUTION NO. 74-79 ,.AUTHORI Z ING EXECUTION OF AGREEMENT BETI^IEEN
COUNTY CONVENTION AND VTSITORS BUREAU AND THE CITY OF
FOR PROMOT TONAL SERVICES N
3. ORDINANCES INTRODUCTION :
ORDINANCE NO.1159 "ORDINANCE AUTIIORTZING HANDICAPPED ZONES'
ORDINANCE NO. 1160 'IORDTNANCE ESTABLISHING STOP SIGNS AT FRONTERA
A
B
WAY AND SEBASTIAN
Council-man Manginiby Councilman Martin,
ORDINANCE - SECOND READING HEARING
ORDINANCE NO. 1158 I'ESTABLTSHING STOP SIGN AT HIGHWAY ROAD APPROACHING
OXFORD ROAD AND CAMBRIDGE ROADI'
Mayor Amstrup opened public hearing on this ordinance.
comment and public hearing was declared closed.
ORDINANCE NO. 115 8 passed it
Letter of September 27, !979 from Burlingame Chamber of Cornmercegygltgd quarterly allocation for October l, l9i9 through December1979 in the amount of 94,250.00 in accordance with agreement, andattached listing of previous quarter's publj-c service.
Councilman MangJ-ni moved this allocation be approved for quarterOctober 1, 19'79 through December 3l , 1979, second by CouncilmanMartin, carried on unanimous vote.
of Councilman Mang .l-n]- , secon
vote .
CHAMBER OF COMME RCE OUARTERLY ALLOCATION
UNFINISHED BUSTTIESS
HOT]SING ELEMENT
Mayor Amstrup reminded C ouncil of the Burlingame llousing Element
re-
31,
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deadline of January 1, 1980 and the fact that City planner hasnot been able to work on the existing draft element because ofthe press of other urgent items this year. He suggested Councilconsider hiring consultant to aid in writing this element.
City Planner reported that the original deadline was october 1,
1979; but the State did permit an extension, already apptiedfor, to January I, 1980. He stated he could not do this workunless other City work was suspended, and requested permissionto contact several consuftants with report to Council at October9 study meeting on their services and price.
There was some Council discussion, with staff commenting thatthe Cityrs position is that the Housing Element is mandatorybut that State Housing Guidelines are advisory. Cooperatives
as well as condos will be covered under the Element. Council
had no objection to contact of consuftants.
I.IATER CONSERVATION
Mayor Amstrup referred to draft ordinance of County Board of
Supervisors adopting water conservation measures, and requestedthat Council members advise him of any objections.
NEW BUS INESS
POLICE AND FIRE DEPARTMENTS
Mayor Amstrup commended City Police and Fire departments for their
rapid action and hard effort in attending heart attack victim at
a recent City meeting. Police response time was one minute, Fire
Department response time was tl^ro minutes. However Medevac unit
took six minutes to respond, and he suggested this be callecl to
their attention.
S OCCER
Mayor Amstrup asked if Burlingame High School had been
about possible accomodations for soccer. City Manager
had been, but no answer had been yet received.
contactedstated they
DOGS
Councj-lwoman Barton initiated discussion of letter of September 24,
1979 from Chairman of Park and Recreation Commission recommending
an ordinance be passed prohibiting dogs from all City parks and a
part-time employee be hired to enforce the ordinance whose salary
would be paj-il by the fines he imposes.
Council dj-scussed at length, but were not responsive to this sug-
gestion. Reasons: Diffuculty of finding part-time employee for
ihis purpose. Salary not self-sustaining because City will- not
get fulI amount of fine. Difficulty of citing loose dogs. tn-
convenience to people who go through washington Park with dogs as
a shortcut to town.
PROCLAMAT I ONS
Council also discussed statement in Park and Recreation Commi-ssion
minutes of September 24, L919 that the issue of Bayside Development
should not be discussed by Park and Recreation Commission until
Council officially requests the Comnission to consider the total-
project. Council expressed surprise at this attituale, notj-ng golf
Loui=e and soccer on Bayfront had publicly been discussed for the
past several years, and this commission had shown no such reticence
in the matter of dogs in parks. City Manager was directeal to com-
municate with this commission on these two subjects.
Mayor Amstrup procJ.aimed October 7
Week and October 1 through 3l , J.979
Month. "
13, 1979 as
as San Mateo
Fire Prevention
County "Visitor
COMMI S S IONS
Letter ot g/27/79 from City Clerk listed commissioners whose terms
+45,
++t
had expired on Beautification Commission, Park and Recreation
Commj-ssion and Traffic Safety and Parking Commission. I4ayor Amstrup
requested that City Manager ask these people if they are interestedin serving again.
Councilwoman Barton noted the large number of people waiting to
serve on the Cityrs commissions, and moved that commissioners'
terms be limited to two successive fu11 terms on the same commission.
Second by Councilman Martin. fn response to question from Councilman
Mangini it was noted that the Planning Commission was not excepted.
Councilman Mangini suggested alternative: attendance records be kept
and people who mi-ssed a certain number of meetings be dropped. He
stated he would vote against the motion.
Mayor Amstrup also opposed the motion, stating that the length of
time served is not a measure of ability.
Councilwoman Barton commented that no one is questioning ability,but there are so many people waiting to serve the City they should
be given a chance.
Motion passed on the following roll call vote:
AYES : COUNCILMEMBERS : BARTON,CB.OSBY,MARTIN
NAYES: COUNCILII{EMBERS : MANGIN] ,AMSTRUP
Mayor Amstrup asked that all commissions be informed of
HERITAGE ELMS
this ruling.
Letter of September 26, 1979 from the Beautification Commission
recommended that City funds be appropriated to pay for replacing
all Heritage elms removed on EI Camino Real for Dutch E1m diseasecontrol. Council referred matter to Park Director for report, with
suggestion that alternative of service clubs donation of trees bealso explored.
ACKNOWLEDGEMENTS
1. Letter of September 22, 1979 from Mrs. Geo. H. Maude,733
Plymouth Way re Bayfront height.
2. Letter of September L7, 1-979 from American Association ofUniversity ldomen re Council meetl-ng "observer."
3. Announcement of League of
Meeting on October 11, 1979.
California Cities Peninsula Division
4. Letter from San Franciscogarding San Francisco Water.
Bay idater Association (undated) re-
5. Reports: Police Department, Augustt 1979.
6. llinutes: Beautification Commission, September 13; Library
Board, September 18; Park & Recreation, September 20; Planning,
September 24; Traffic, Safety, Parking, September 13, 1979; Citizens
Study Group for Police Station, September 18 and 25, 1979.
ADJOURNMENT
Meeting regularly adjourned at 9245 P.M.
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