HomeMy WebLinkAboutMin - CC - 1978.11.20257
A regular meettng of the Burllngame City Council was held on the
abovE date tn the City ttall Council Chambers. Meeting was
called to order at 8:[5 P.M. by l'tayor William J. Crosby.
PLEDGE OF ALLEGIANCE TO THE FI.AG
BURLI,NGAI,IE, CALTToRNTA
November 20, 1978
CALL TO ORDER
Led by Jerome F. Coleman, Clty Attorney.
ROLL CALL
COUNCIL MEMBERS PRESENT : .
AMSTRUP' BARTON, CROSBY,MANGINI,I,{ARTIN
COITNCIL MEMBERS ABSENT: NONE
MINUTES
Mlnutes of study meeting of October 24, L978, regular^meetlng
of November 6, ind special meettng of November 8, 1978 were -aooroved and adooted wtth sddltton of notatLon on minutes of
0itober 24, Lg78' that Counctlman t'{art!n abstalned from parti-
cipatton ai this meettng on Burlingame Bayfront Alternattves.
COMMI,'NICATIONS
T. REPORT OF THE AD HOC COMMITTEE ON BURLINGAME LIBRARY
FINANCES
Mayor Crosby announced this agenfiist because of the Large numbe
interested. He stated he had ex
Ad Hoc courmittee that the Counci
a item would be consLderedof people present r.rho were
lained to the chairman of the
would refer their report to
tatr6 ed all four in-- 9 P.M., and the
ion A. inc I ude sk and recetpt of
Peninsula Libraryion would save
o 22 hours per
ours and reductlontotal savings of
19 hours and re-for a total savl-ng
dr
pI
the Library Board for input before Counctl hearing. Thd Mayor
then calleil on Frank Pagl-iaro, chalrman of the Ad }loc committee,
for comment.
Mr. Pagli.aro revtewed the nunerous neetings of the comroittee
and thEir concern wlth the elderly and school age residents liho
use Easton Branch and who cannot get to the Matn Libtary. He
noted closing of Hoover School and posstbLe -cLosllg -of Roos-evelt
would eltminite school librartes avallable for chlldren. He
reported the committee had deveLoped four-opttons of keeping the
Ea3ton Branch open and tntroduced Mrs. Krls Cannon, committee
membe!, to explain them.
Mrs. Cannon, !n reviewlng these options, s
volve closlng the maln Ltbrary Friday ntgh
non-repLacement of one I time cataLoger.
reducing Branch operatton to 22 hours per
funds in the amouht of $26,400 frou C.L.S.
system, and Fiiends of the Library. Thts
$58,223. Option B includes reducing Branc
week, reductng main ltbrary an addltionaLof book, periodical, and record budgets, f
$50,312 .
opt
$ee
A.,
oPtht8h
or
Option C includes reducing Easton Branch to
dirc ing oaln Library an additlonal lL houts
of. $49,874.
Ootion D includes reduclng Easton to L9 hours and reducing main
air additional 6 hours at a savlngs of$50,133.
Mr. Pagtiaro resumed hts address, stating that the,conmittee
knew tEe majortty of the Ltbrary Board had approved closilg the
Easton branih. ine aa Hoc commlttee had made a special effort
258
.-t
to be thorough so that the Council could make a declsion atthis eveningrs meeting. However, tf the Council is going torefer the report to the Board the committee would like adefinite date of the Council hearing and the date of the
Library Board meeting so the committee coutd attend.
l"layor Crosby asked Ctty Manager to request Library Board to
set a speclal evening meeting so their input would be re-
ceived before the Council meeting of December L8, L978.
Mrs. Cannon and Dolores Huajardor 8s committee members,
protested referral to the Library Board, Mrs. Cannon citing
the number of people present at this meeting who were in-
terested.
Upon question from Mayor Crosby, Mrs. Cannon conflrmed that
the Library Board had not yet received the report.
Committee Co-Chatrman Wm. Nagle stated the committee would
agree to the referral but wanted a definite date on the
Library Board meeting.
Several further comments from audlence members and some com-
mittee mernbers, objected to delay of hearing.
Councilman Mangini commented that slnce some members of the
Library Board had not made a decLsion on closing the Branch,it could be to the committeers best interests to submlt thereport to them. He also noted the Council had faced a severe
budget decision on thts ltem.
Councilvloman Barton thought there had been eonfusion in com-
munication between the publlc and the committee.
Councilman Martin thought the commtttee had been appraised
of the fact that the Council would refer the report to the
Board.
Councllman Amstrup suggested staff explaln to the publtc the
difference between the ttbrary Board and other City commissions.
City Attorney explained the Library Board is set up under the
Education Code of the State of Caltfornia, whereas members of
other commissions are advisory. The Library Boardrs povrers are
such that they have broad discretton as to use of their property.
However, the Council controls the budget. Members of the audt-
ence inferred that thts would confer on the Library Board the
porrer to decide what hours they should be open, rather than
having that a dectsion of the Counctl. City Attorney dented
that, stating he would research the code and have a full report
to the Counci.L at the meettng of December 18 on the respective
porrers of'the Library Board and the City Council.
Henry Wilkinson, L239 Bernal, and [,Im. Scott of the Ad Hoc
Cornmittee did not"feel the matter was cLarified.
Councilman Martin remarked that the Counctl is belng placed in
an adversqry position, Council had not had ttme to study the
Committee's report thoroughly, and were not ready to act
tonight.
l"lrs . Iltary Wilkinson, L239 Bernal, stated that the p
come for a deftnlte purpose; that this lssue should
cided by the 'hill of the peoplerrand not by decisl
Library Board or the City Council.
eople had
be de-
on of the
Mayor Crosby set this matter for a public hearing on the LSth
of'December, noting that by that date report would have been
received from the Library Board.
At thts point, Ilayor Crosby declered a five-minute recess.
oHo
2. ATI,ANTIC RICHFIELD COMPANY APPEALING PIANNING COMMISSION
DECISION ON CONVERSION OF SERVICE STATION AT CALIFORNIA DRIVE/
PENINSI,'I.A AVENUE.
Letter of Novembe! L4, L978 from thts company appealed Planntng
Commtsslon denlal of November 13, 1978 of appllcatlon for
special permlt. Note appended from Ctty Clerk reported tele-
phone request that this hearlng be held on December 18, 1978.
I'layor Crosby set date for this hearing for December 18, 1978.
3. HOWARD ATKINS APPEALING PI.ANNING COMMISSION DECISION
CONCERNING HEALTH CLUB.
Letter of November [6, 1978 from lloward Atklns ap
November 13, 1978 denial of the Plannlng Commlsslappllcatlon. Hts request for hearing on December
was approved by Counctl .
pealed the
on of hls18, t978,
4. HOI{EOWNERS FOR VIE}I PRESERVATION: PROPOSED ORDINANCE T0
PRESERVE VIEWS.
Letter of
and Natal
Pre s e rvat
ord inanc e
Novernber 13r"1978 from Peter Salvaressa, Aurora Pepi,ie Rothschlld, members of ttHomeowners for view
ton" requested date for Counctl heartng on proposed
to preserve views .
ltayor Crosby announced this matter-would be consldered by
Council at the study sesston of December 6, 1978, wtth hearing
date determined at that meeting wtth nottflcatton to homeoh,ners
assoc lat l-on.
RENEWAL OF AMUSEMEM PERMIT
1. CARXASCO, INC.,DBA II? DISCO,'IT316 BROADI"IAY
Report of November L4, L978 from Servtces Bureau of Burlingame
Police Department outlLned 3 incidents occuring durtng 90 day
review peiiod and noted this ls not unconmon for such an es-
tablishment. Cooperatton of oliners and enployees was noted,wlth exception of a security officer; and recommendation madethat the permit be renewed through June of 1979.
Meno of November 16, 1978 from Director of Public Works re-
ported on several building construction conditions spectftedthat had been fulfllled.
At the request of Mayor Crosby, Assistant City Planhis memo of November 15 which reported on the backg
90 day revtew period and specifled the 7 conditions
Elnuance of the permtt for thts period. He focused
No. 5 whlch states ',Notse measurement to be taken oat an unannounced tlme by noise consultant of City I
at applicanCs expense; " and critiqued noise consult
Metrics report and conclusions on thls noise measur
ner r
roundoft
onC
nce as choant E
ement
ev iewedof the
he con-
ond tt lon
month
os lng
arth.Heparticulally noted the statement of Mtchael Hogan of Ear
Metrics that noise sources unreLated to the dlsco lndicalf the disco were shut down extstlng noise levels would
aLtered very Llttle. However, he potnted out that, rrln
early hours of the morning the low frequency component o
? Dtsco sound is continuous and ptonounced; it seldom w111lnterfere with sleep, but it is dlscernible and has an obviouspotential to be a subjectlve annoyance.tt
David Crfunp, a vice prestdent of Earth Metrlcs, and Marc
Paplneau, nolse consultant, addtessed Council , describing field
measurements and analyses. Earth l.letrtcs report spectfled 7
conditions for nolse mttlgat ion.
thte that
be
thef the
In followtng Councll discussion, Councilman Martin questioned
what could be done about the low frequency or 'beat" noLse.
Mr. Crlmp replied that fron a noise control standpotnt thts ls
very difflcult to control and would require masslve sound-
260
proofing which is extremely costly. In terms of dollars spenttt would not be constdered cost effective.
Councilman l"langini questioned if securtty recommendatLons
suggested by Roger Canfield had been implemented. Mr. JamesA. Bruen, attorney representing Carrasco, stated they had
been with exception of valet parktng and chain across publicparktng Lot. Mr. Bruen noted lettei of November 20 to Council
from Mr. and l,Irs. K. Zencterct praising the ? Dtsco as an im-
provement over previous establishments.
In response to Police Chiefrs comments. on problems tnvolvtngpresent security offlcer, James Carrasco stated hts wtllingnessto employ an acceptable llcensed officer. Councilman Martin
asked- if- ? Disco ioutd comply wtth 7 recommendattons :set forthin report. Mr Bruen stated they could, some had already been
implemented, and cited his client's cooperation from the out-set, and fact that he has already spent $21000 for the noise
measurements and $5r200 on acoustical work. Note: These cgn-ditions are, tn brtef: L. Check the sound transmtssion ctassof back door onto alley" 2, Lmprove and check door'ln front
of passage of back dooi onto alLiy. 3. Prevent use of the
bacli, dooi onto a1ley, except as emergency exit . 4. Inspecg
above improvements -for sufftciency. 5.- Restrict use of- alley
by notor^vehicLes. 6. Post ttNo ioitering't ?ign9 at back
d6or and one other locatton in alley . 7 . l'Iaintain music dy-
namic levels below lI5 dBA.
Councilman Mangini moved this permit be approved for-90 9.yti"Uj".t to com[liaace with the- seven condltl-ons - specified in
garfh Metrics ireport, second by Counctlman Martin.
Councilwoman Barton felt that noise problems had not been
roi""a, particularly the low frequelty ibeqg" noise, and could
appror" bnly continiring the permit foi 30 days for a posslble
iLiution so that appLiiant wbuld not continue to spend a lot
of money.
Councitman Amstrup stated he would ?pPfgve continuance,
although he had olposed permlt origtnilly, because applicant
had iniested a grbit deai of money-tn attempting to comply.
AYES: COUNCILMEMBERS: AMSTRUP,CROSBY,MANGINI,MARTIN
NAYES: COUNCITMETIBERS: BARTON (for "reasons stated)
APPEAL
L. DAVID C. CARR, ATTORNEY AT LAW FOR THE SOUTHLAND CORPORATLON
AND SIDNEY M. I.{ADDEN, IIROM PI"ANNING DECLSION RE HOURS OF 7-
ELEVEN STORE.
At the request of l'trayor Crosbyr-City Atto.rney revtewed this
aooeal. Iie siated t-hts use viiianc! had beeh granted in 1967 ';;e-G rh; last few months there have been complaints tn its
op"""it"g o" a- 24 hour basis. Revlew of the records and mtnutes
oi L967 ieetings reveals a statement by- the ProPerty.owner
attached to vailance appllcation that ttre hours- would be from
,:li-i;:M.,-afifio"g-h toils are not sPgcified in motion approving
the variar,".. This appeal has been- heard py !h" !!a1n1-n8, CoT-
;i;"i;;;-*tro "orJia"rlh the intent was to bb 7 - 11 P.!I.; and
i[;ii d6cision has now been appealed to the Council.
I"1r. David Carr, attorney, representgd ttre applicant in addres-
;i;g-a;;""if. His cont;;tion was that Goveinment Code and
guiii"i.*. ordiaaoee regulating Ygriances PYt a requirement on
;h;-iG;r,i.,g Co**ission"that c5nditions be- tmposedf . no!- implied'
Hours are mentioned in a statement of -U!ggq. If the Planqing
Co**i."ion had-rftt"A t" impose time c6ftllFfons, they could
[r"" done so but did not. 'Since this condition was not im-
p"."ar-itr"-ilannlng Commission is not noY in-a position to
limit the vari;a;: -OnIy condition mentioned oh the actual
I:M -. t-l'.&-'.-
261
appllcatton ts ttln accordance wtth plot plan attached.''
After considerable counctt and staff dtscusslon, tt was con-
"iJa"a-iii"i-iir""r"g commlsston tn 1967 had noc spectfted tlme
i"-it.ii condit ions-because tt had been stated on the attachment
to the appl lcation.
councilman Manglni stated he would uphold the Planntng commlssion
;i;i;-r1.'.-;"aerEianafne rhat the applicant could come tn for change
tn operation hours later tf he desired.
oounc iknan Amstrup noted he would have ]-nterpreted the hours the
;;il-;lii"-ii.""i"g-comml-ssion dtd ln the open meetLng tn 1967'
councilman Marttn moved the deciston of the Planntng commlsslon
il-;;h;ia, second by Counctlman Amstlup, carrled on unanimous
roll call vote.
SIAFF MEMORANDA
I. CITY },IANAGER: COMMISS oN APPOINTMENTS
In response to memo of November [6, 1978 from City Manager-
stattnil, need for Commisslon apPointments'.and atter CounctL rec-
orunendltion, Mayor Crosby made the following gPPolntments:n;;q;ia; auit"*i,.rt Dtstrict Board - Arthur Nelson, uith-Coglcil
rtcdmmendatton that $35.00 fee per meetlng be dropped; Traffic,
iifety and Parking Commisston --sophia H.-M. Kr9-ling. Park and
Recre6tion Comrnts;ton - Councllmen AmstruP and Martin appotnted
to intervlew candtdates and make recommenilation. At suggestlon
of Counctlman Marttn, Ctty Attorney agreed to send lnstructions
to each commtsston, ior blnefit of- new members, relatlve -to such
matters as Brown A6t, confltct of tnterest. Beauttftcation
Comrntsston - restgnation of Dale Perkins acklowledged and Ctty
llanager tnstructed to wrlte lettet of apprecLation to him.
2. CITY I,IANAGER: CUSTOD IAL SERVICE FOR RECREATION DEPART}IENI
Ctty Managerts memo of November 16, 1978 inforrned Council that
fuli- tlne-custodtan for Recreatlon Departoent had resigned, and
that department wishes to try contracting for the servlce at a
saving lnstead of replactng him. Memo of November L4, L978
attached from Director of RecreatLon Ltsted estlmates of four
prlvate mal-ntenance compantes, and recommended the Lowest bidder,
Actton Cleanlng Servtce. Council had no objection to trytng this
arrangement for one year.
3. CITY I,IANAGER: EMERGENCY REPLACEMEM OF BROKEN-DOWN POWER
MOI,IER.
City Manager memo of November 16, [978 lnformed Council
breakdown and the Park Director's destre to replace it,stituttng, it for one of the items ln the present Park c
budget. -Memo attached Park Directorrs memo of November
exptalning the situation and tabulatlng btds. recetved f
mower, the lower of which is $490 plus tax.
of this
s ub-
apitaL13, 1978or the
After some discusston, Counctl approved thts substttution.
4. CITY I,IANAGER: CONSOLIDATI0N OF POLICE AND FIRE EMERGENCY
COMMIJNICATI,ONS
C{ty l.Ianager's memo of November 15, 1978 recommended that funds
be transferred from the conttngency fund to this Poltce/Ftre
communtcatton proJect. Memo of November 16' 1978 from Chtef of
Poltce gave total-cost estirnatton of $t3,700 to equtp the com-
nuntcattons center, and furnished a cost breakdown. Council
approved transfer of funds.
5. CITY ATTORNEY: SALE OF CAROI"AN AVENIJE PROPERTY.
262
City
apP !a
$663,bulld
Counctlman Arnstrup constdeled this a good approach.
Councllman !,tang int would approve as tong as the Counctl is not
conmttt.ed to selllng the ploperty.
Councilman Marttn approved consideration of sate only from a
sales tax standpolnt.
Counctlwoman Barton rranted to Bake sure that all auto dealers
were advised.
Mayor Crosby wanted to have sooe solutlon to the problen of
the Police Department before the lot was sold.
It was suggested Clty Attorney contact every auto dealer by
letter.
6. ASSISTANT CITY PI.ANNER: REGIONAL PI.ANNINC COMMITTEE BAYFRONT
PLANNING POLICIES
T. FINAL },IAP HERI,TAGE },IANOR CONDOMINI IJM. 1421 EL CAI,IINO REAL
Memo of LUL4/78 from Asststant Clty Planner rePorted that
Planntng Commission at their meetin!, of Novembei 13 recommended
that reiolutlon approvtng six Bayfront planning policies not be
adopted since they- rlsy go beyond what ls approprtate.for
Buriingame. Burlingairers Geirerat P[an estabttshes City polteles '
In connection with the General Plan, Councllman Amstrup and Davtd
Kevston discussed the Councllmanrs motion on the Bayfront Plan
,.ri its effect on hotels. The Councilman went on record as
statins. hls November 8 notion was a final dectslon. He also
st"i"a-nii first priorirtes for this Land are hotels, recreational
use, and restaurant use.
CONSENT CALENDAR
Attorney memo of November L6 reported that an tndlvtdual
lsal establishes the narket value of this property at
200 tncluding $25,000 for lnterim value of existinglngs. There ts no tegal requirement for competitive-
anii he suggested that staff be allowed to explore thtswlth auto dealers, a use whlch would generate sales tax.bid,
sale
Thts ftnal map for 15 unit condomtnium project was transmltted by
Cfiu M""re"r i,emo of November 16, L978.- HE recommended approval
slnle conEltions of tentative map have been met.
''RESOLUTION OF INTENT TO IMPLEMENT THE
THE ABAG ENVIRONMENTAL T.{ANAGEI{ENT PI.AN.I
action.
2. FINAL MAP I2O9 OAK GROVJ AVENUE CONDOMINIT]I{.
3. RE SOLUTION NO. 74-78
WATER QUAL I T Y PORTIO NS 0r
$as Presen ted fc Counc ll
UN FINISHED BUSINESS
L. BAYFRONT AREA PERMITS
2. PENIN SI,JLA WATER AGENCY
Councilman Mangini moved approval of-consent calendar,
by Councllwoma; Barton, catried unantroously.
second
Councilman Amstrup suggested that staff develop possible
iormulas for paymint 6f trafflc improvements in this area '
Councilman AmstruP reviewed Letter from Edward J' Mo-rey,
ch;i;"*;; Pentnsuia water Agency requesting that he be approved
Thls ftnal map was transmitted by Clty Manager rnqgo-of November
tO.- ff" recomhended approval. Tlntatlve map condttions have been
met.
263
as a member of a ne8otiatlng commtttee comprised of reP-
resentatives of othar a8encies and Counties to resolve questtons
of vrater supply and rates.
Council had no obJectton to thls aPProval' and Ctty Manager was
dtrected to so tnform Mr. MoreY.
ORDINAN CE - SECOND READING . I{EARING
APPROVALS
ORDINANCE NO. 1139 .'ESTABLISHING PORTIONS OF EAST AND NORTH LANE
EST0NE:trAYTIIE'EIS" was presented for Council action. Mayor
Crosbv ooened oublic hearlng on this ordinance. There was no
commeht,^ and pirbltc hearing-was decLared cLosed. ordinance No.
It39 passed its second reaiiing and was adopted on urotion of
Councilman Manglnt, second by Councilman Martln, carried on
unanimous roll call vote .
l. WARRANT N0S. 4054 THROUGH 4330' duly audited, in the amount
of $515,709.72 wete approved for payment on notion of CounciL-
man Mangtni, second by Councilman Matttn, all aye voice vote.
2. PAYROLL, OCTOBER, 1978, CHECK N0S. 646t THR0UGH 7079 in the
amount of $354r078.0L approved on motion of Councilman Manginl,
second by Councllman Martin, all aye votce vote.
Council received petition with 66 stgnatures from the residents
on Oxford, Cambridge and Htghway Roads requesting the Ctty amend
the Soning Code to make a 40 foot setback mandatory in this area,
as stated ln their deed lestrictions. Council and staff dis-
cussed at Length.
l'Amendtng Section 25.62.040 ofrdlng SeEback Distances r " uas
unctlman Marttn.
PETITI ON - BURLINGAME GATE IMPROVEMENTS CLUB
ORDINANCE NO. [140
MuhiEipal Code Regaflrst reading by Co
llayor Crosby adjourned meeting at l[:00 P.M.
sesslon on personnel. ttreettng was adjourned
Congressman Leo J. Ryan and former l,{ayo r of
Coleman .
the Burl ingame
tntroduced for
ACKNOWLEDGMENTS
1. Memo of October 30, 1978 from Ctty Attorney re health in-
surance for retired employees.
2. Seven letters, various ettlzens, vartous dates on view
preservatton.
3. Letter of November 15, 1978 from Vtrgtnia A. Stoddart, 1265El Canino, regardtng Easton Branch.
4. Note of apptectatton from Boots francard.
5. Letter of November 9, L978 from Congress of Elected Offlclals.
6. Report of San llateo County Conventlon & Vlsltors Bureau
through October, 1978.
7. Reports: Fire, Police and Treasurer,0ctober, I978.
November 2; P1annlng8. MLnutes: Beauttftcatton Commts s ion,
Commission, November 13, 1978.
9. Assl,stant Clty Planner: Negattve Declaratlons. Information.
ADJOURNMENT
to an executivein memory of
Burltngame George
z/ zLzz
ynCity Clerk