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HomeMy WebLinkAboutMin - CC - 1978.10.02oqAZti'l BURLINGAME, CALIFORNIA October 2, L978 CALL TO ORDER A regular me above date ito order at ng of the Burlingame Cit he C{ty llall Counctl Cha 5 P.M. by l{ayor Crosby. Council was held on theers. Meeting was cal Led etint 8:0 v mb PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Yost, Asststant City Planner. ROLL CALL COUNCIL MEMBERS PRESEM: COI,'NCIL I{EMBERS ABSENT: MINUTES BARTON, CROSBY,I.'ANGINI, MARTIN AMSTRUP (Excused - at spectal neettng) Minutes of the regular meettng of September and adopted. Mtnutes of the study meet tng o approved after clarlflcatton of second parag parking rec ommendat tons . 18, 1978 were approvedf September L3 were raph on Page 3 on HEARING 1. HARRY C. GRUBBS ET AL, IOO ARUNDEL ROAD, APPEAL OF PI.ANNING COMMISSION APPROVAL OF SPECIAL PERMIT TO TRUE LEARNING CENTER. Mayor Crosby announced constderatton of thls appeat. Counctl had reCetved letter of September 18, 1978 from Mr. and Mrs. Harry C. Grubbs, 100 Arundel Road, and nine other f,amtlies of thetr netghbor- hood appealtng this Planning Commtsston declston for reasons in- ctudtng: trafftc congestton, tnadequate play area at Washtngton SchooL, tnsufficient notiftcation ("Every patent of a chtld at Washtngton Schoot should have been notlfied . . ."), thts is aprivate bustness ln an R-l nelghborhood. Asslstant CIty Plannerts report of September 28.- L97 8 reviewed processtng of this permtt to lts present appeal, stating Coolidge School , the present locatton of thls school , had been sold, necessttating a new locatton. The Planntng Conmtsslon, afte! re- vtewlng, had approved peroit for lts locatton at Washtngton Schootwtth fi-ve ttsted condttlons at thetr neetlng of September 11, 1978. Memo attached documentatton. Asststant City Planner detatled his report on thls appllcatton for prtvate school which present[y has 29- pupils and 4 teachers. He tlsted condtttons imposed by the Plannlng Commtsslon as r 1. Non- t rans ferable permit to Larry Krusemark of True Learntng Center, Inc. 2. School to operate wtthln the tlmes and age limits spectfted by Mr. Krusemark tn hls August 4, L978 Letter to the Comrntsston with a maxlmum euollment of 40 students. 3. A11 altelatlons to the butlding to be done ldtth a butldtng permtt and conetstent wtth the August [5, 1978 memo from the Chlef Ftre Inspector. 4. Staff parktng and parent/puptl bustng to be conslatent wlth the reioonendattong of the memo received from the Trafftc Engtneer August L7, L978. 5. Perott to be valld only for the locatton on the washlngton School stte tdentlfled-ln the drawtngs ftled wtth this applt- cat l-on . Diayor Crosby opened meettng to public comoent. u 23s Mr. Larry Krusemark, Dtrector/Prtnctpal , 1120 Staobaugh Street, Redwoo who obwlth t s tated d no ttexc conftne J h Clty, addressed Counctl , reporttng conference wtth people ected to parktng and expresslng hope of good relattonshtp e neighborhood. In response to Councll questtons, hethat the_-makeup of the student body ts average students,epttonal" chtldren, fee ts 965.00 per month, currlcuLum led to bastcs, chtldren are ktndergarden through 8th grade, wtth mostly younger chtldren. Mr. Glen Stewart, Burltngame School Dtstrtct, announced htsavatlabtltty for questtons. The following people addresged Counctl tn favor of thts school: Frederick C. Wetss, 341 Quay Lane, Redwood Shores, Redwood Ctty. Mr. Sterrart, l7!5C Martna Coust, San MateoHarrtett Schuck, 804 Bayswater, Burl tngame Mtldred Gano, 1706 Yosenite, San Franctsco Martha Benson, 1401 Palooa, Burltngame Kathy Wyble, 12 Lorton #6, Burllngame Reasong expressed for approval : School has graduated ftne students. School has good reputatton tn Redwood Clty and Coolidge School area. 'trIy chtldren (grandchtldren) attend and do better than tn other schools.tt Younger famtltes are comtng to l{ashtngton School netghborhood. DonrE want to see Washtngton School closed. Thts extra money wtlL heLp avotd that. Maa! youngstero at same age level do not have the background these chtldten have . School at Coottdge does not create parktng problems and chtldren are a ftne exaople and rell-behaved group. Children aot present on Frtdays or afternoons. School should not be tn coumerc tal area. Publtc schools could beneflt froo thtg schootrs good example. Speaklng tn opposttton $ere: Frank Chambers, 450 Cumberland, Burltngame Mary Grubbe, 100 Arundel' Burltngaoe Eleinor Btlsey, [12 Howard, Burltngane Restdent, 601 Burltntame Avenue. Reasons expreslred for dteapproval: Phtlosophtcally, thts ts a reJectton of Burltngamers publlc schools by peopLe who are not even restdents. There ts potenttal confllct between WashtnS,ton and-True learntng puptls bei:auee the latter are tmplytng Waehlngton ts not adequate. A prtvate school should be tn a prtvate house. Washtngton ts a publlc school - not an ulroccupted butldtng- as ts CooltdEe - wtth iosstbtltty of contact wtth lte puptls. AII parents were n--ot nottfted of school board heartng where thts was approved. A11 parents lrere not nottfted of Planntng Comtsston heartng. Even wtth loss of approxtnately f00 puptle from l'lashtngton' parktng and trafftc are hazardous . To these crtttctsns, Mr. Sterrart lepl dtd not ftnd etther a comPettttve or tn allowtng thts prtvate school to us the request of !fuyor CrosbY, he read 1978 ertitch addressed the polnts of: I2. Staff Parktng; 3. Auto TrsfficArea; 5. Nottftcatton; 6. Burtnes tedapeo :" that the School Dtstrict htlosophtcal contradtctton ne eopty classroom. Atletter of September 26, Locatton of Classrooms ;the Alea; 4. Playground tatus.tneS 236 A Burllngame restdent ln the audtence quoted Educatlon Code Section 16551 /16 as spectfytng that 1lablltty tnsurance nust be provtded for use of a publtc bulldtng by other than custooarygroirps. She asked hovr muih rent True Leatntng center patd and how much the publlc had to pay for thetr tlabtllty tnsurance. Mr. Stewart stated that t[re rent would be $262 per month and that True Learnlng Center would provtde an,tnsurance poltcy^for public llabiltty 6tth approximatb ltmtts of $100,000 --500,000. Ctty Attorney c-onflrmed lt 16 cotrmon for users of publtc factll- tie3 to buy Such llabtttty insurance, and tt would be requlred that the Tiue Learntng Center or thelr cauter defend the School agatnst clalms. Eleanor Btlsey, I12 Howard, complatne from True Learnlng Center woul.d be us She stated she had ca1led Robert McCa offtctal ln Sacramento, who told her dsheh tng therthy, aof the Counc tlroan Martln questtoned why the academtc status of ?rue Learning Center should be a polnt of oblectton to lts relocatton. He thought thts was the School Dlstrtct's problem. Counctlman Mangtnt thought there rrere accredttation agenctee and standards Eor prtvaie schools. lle found nothtng lncompattble wlth thls use tn a-public school . He, too, thought the accredt- tatlon was a concern of the School Board. on prtvate schools, anil that thts school ts Western Schools and Colleges. She guesttone from that use thts school, and why they chos stated the school rras Ltcensed to an Otts Ha the school had somethtng to hlde tf thtg was Counctlman Marttn teachets Lncrease g,et any outstde f be posslble for t would not confl tc are enrolted ln t teachers would no school would coop students ls aboutqualtfted, wtth afor 14 years. Ht medta center on t ad been told people Schoot ltbrary. State Educat ton verv few restricttons not' accredtted wLth d where famtltes carne e Burllngame. She rper and concluded not knorrn . ftnanclal returnperttnent to lhts heartngs are publtc;tty to have nottfLed ve been a dtfflcut t he Planntngto ftve There were no further audtence cooments and the publtc heartng was declared c losed . Mayor Crosby agreed that accredttatton and weie a concCrn of the School Board and nothearlng. He pointed out that School Board parents could have attended; and for the C every parent tn Washlngton School uould ha Process. Counctlwoman Barton assured the audtence that as a restdent of the area she knew the problems at trashtngton School but noted that the trafftc sttuatton on Howard would not change wtth or rrtthout the school, and questLoned what the bastc probtem was. Audience response indtcafed it was parktng but malnly because of lack of notlftcatton to parents. Asststant Ctty Planner revtewed parking condtttons speclfted by the Trafflc Engtneer. Dtrector of PubIlc Works suggested that ttme schedules-for True Learntng center be set at sltghtly different ttme from wsshlngton School so that parktrg would be allevtated. ouestloned Mr. Krusemark: Would number of rihen puptls tncrease to 40? Does the school unds tn addttton to their tuttton? Would it he school to change opening tLme so that tt t wtth Washtngton? How urany nlnortty students hls school? ftr. Krusemark replted number of t increase; there are no outstde funds; the erate on hours; present enrollment of minortty l0 out of 29. He added that he was fully Master rs degree tn educatton, and had taught s school would not be uslng the ltbrary or he slte. 6 Councllman Manglni moved that the Counctl sustain t Commtsston actlon ln approvlng thls permtt' subJect OD'Ldt condtttone tmposed by Planntng Commtsston, and wtth addlttonal condttton that ttme of operatton of the True Learntng Center be 9:15 A.M. to L:00 P.M. Counc tlman Martln seconded the motton. On the questton, Counctlman Marttn thought some of. the people appealtng had a problem wtth the School Board; that thts appealtn effect ts ustng the Counctl to force School Board actton; and suggested app-llants go to the school Board and ask then to reopen the hearlng regardtng the problems vrhtch are not the provtnce of the Counci.l . Ile conetdered arguments presented on tn- sufftctent parktng tnvalld, aqd added he saw nothing phtlosophic- alIy wrong rrith Mi. Kruee*orkts enphastztng baslc education. Councttwoman Barton stated she would vote agatnst the motton becauee she had expertenced loadtng and unloadlng children at the school on ralny days and there vrould be a problem there even tf startlng time irere changedl she thought- tt odd-to have a Burltnqame netc,hborhood school and- have a use permit for a prtvate school-there; Ind she thought restdents had been badly treated by the school because they weie not more fully nottfted of thts matter. Motton carrted on the followtng ro11 call vote: AYES: COTJNCILMEN: CROSBY,UANGINI'MARTIN NAYES: COtNCILII&{AN: BARTON ABSENT: COIINCILITAN: AI.iSTRUP There was a short receg8 at 9:30 P.M. APPEAL I. COT'NCII.I.,IAN AMSTRUP . APPEAL OF PI.ANNING COMMISSION APPROVAL OF CAR RENTAL AGENCY . PAYLESS CAR REMAL' 1555 BAYSITORE HIGI{WAY AND 1876 EL CAMINO. Mayor Crosby set herrtng dated September 28, 1978 1978. COMMT'NICATIONS appeal froo Counctlman AmstruP 'e C6unctl neettng of October 16, of thts, for th PUBLIC T. LETIER BT'RLI NGAME CIIAMBER OF COMMERC E RE CI{APIN AVENUE PARKINC Letter of Septenbex 25, L97 transmttted request of thet parktng meters on ChaPtn Av of havtng ten hour metera a 28, L978 noted the dectston been made end recommended t Ten-hout parktng meters can the future. Councll concurtrtal basts. 8 frosr Ray Kltewer, Vtce Prestdentt organtzatton that Counctl tnstall one-hour enuE fron Prtmrose to El Camino, tnstead t the west end. Clty Manage! meEo September for parktng lintts on Chapin had already hts dectston not be changed at thts ttme. be reduced tf this ts found necessary in red, nottng that linitattons are on a 2.LErrER, VIRGINTA A. STODDARD. L265 E! 9AMINq EE4!r !!99EST FoR INVESTiGATION, T.ONTESSORI PENINST'LA EARLY LEARNING CENTER' L247 EL CAI,IINO REAL. Thts letter, deted September 22, L978, complatned of chlldrensl playcround nolse' parttcularly at hours not authortzed tn the Permit - is 6irfv as 7:45-A.H. and latL as 5:I5 P.M. Ms. Stoddard quoted ortp,tnai pernlt houre as betng from approxinately 9:00 A.M. to 3:06 p.u.' Letter al6o ptotesEed use of eaeement behlnd thts property ag an extt to Sherman Avenue by teachers transPortlng chtldren' and hazards of parents rho use achbot drtveway to back onto El Camtno. copy ofa reaPo thts comuntcatton had been nse from Ms. Shetla Blutoco,Asststant Clty Planner reported aent to Montessort Schoolr wtth 238 oember, Board of Directors. Ms. Brutoco stated the Boardrs commitment that the one or two chtldren who are brought to school before 8:00 A.M. wtll be kept tnstde the butLding.; two chtldren who rem,tn after 3:15 wttl not be tn the yirdafter 4:00 P.M.; use of the easement will be dtsconttnued ex-cept for fire drills - a conditton of the Burltngane Flre Depart-ment; no backlng onto El Cantno ts permttted from the schooldrtveway. As8tstant Ctty Planner stated hts betlef that the school ts substanttally ln compliance wtth condttlons of the per-mtt, and suggested a review at the end of stx months. He notedMs. Brutocots presence ln the audtence for conftrmatton of Board rs posltlon. Counctl accepted AssLstantcurrtng wtth revtew at the requested Asststant Ctty Plgardtng Counctl revtew of t Ctty Planner ts recommendattons, con- end of stx months. Mayor Crosby anner to urtte to Ms. Stoddard re-hts sttuatton. 3. EUBLINGAME CHAUBER OF COI.,IMERCE. CIIAMBER PROMOTI,ONAL FI.'ND REQUEST Letter of September 30,allocatton for October I 1978, requested approval of quarterly, 1978 through December 31 , 1978. CounctLnan l,tangint moved approval, second by Counctknan l,liarttn,carrted on unantmous vote of membere present. STAFF I CITY ATTORNEY . REPORT ON CONTRACT WITIT COI'NTY FOR ANIMAL CONTROL SERVICES Thls report, dated Se and attached co September 6, 19 tes o1. !,ra ptP 6for Councll study neet r 25' L978, detatled termlnal agreement and resolu rosby set constderatton of October 4, L978. tembeorlg sottoft f contractn datedhls reportyor C tng o 2. CITY MANAGER . VETERANS DAY CHANGE Ctty Manager communtcatton of September 28, I978 tnforned Counc{lthat employee, orgairl,zat lons had been contacted regardtng change ofVeterans Day back to November 11 tn conformance wlth Federat indState observatton, but had lndtcated no destre to make the change.Ctty l{anager stated no actton would therefore be taken. 3. CITY },IANAGER - PUBLIC WORKS SUPERINTENDENI ATTENDANCE AT AMERICAN WATER WORKS ASSOC IATION INSTITT'TE 4. CITY MANAGER . APPLICANT FOR MOSQUITO ABATEMEM DISTRICT BOARD l.Iemo of September 26, L978 from Dtrector of Pubttc Works requestedapproval for above employee to attend thts lnstttute on October 24,in Los Angeles, at a maximum coat of $175 already budgeted tn llatei Operatlons account. By endorsement of Septembet 27, L978 CLty Manager recommended approval. There lrere no Counctl obJecttons. I'Iayor Crosby so ordered. In oemo of Septembet 28, L978 Clty !tunager transmltted appltcattonof September 14, 1978 of Arthur Nelson, l-549 Atturas Drtve to ftll vacancy on the UosquLto Abatement Dtstrtct. Board. lIayor Crosby appotnted Councllnan Marttn and Counctlman Mangtnt totntervte!, Mr. Nelson wtth subeequent recommendation to Counctl . 5. CITY }.IANAGER . XEIOBT, COMMISSIONER APPOINII.{ENTS S Ctty t'{anager meoo of Septernbe t 28, L97 8 reported on conmteaionersrettring from commlsstons and those tndicattng a wtlltngness to serve anothef term. Stnce a full Counctl was not present, tt lras dectded to defer appotntments unttl the next regular Counctl Eeeting. Mayor Crosby appotnted Councllman Amstrup and Counc tllrroman Barton tointerview Park and Recreatton Cornmisslon appllcants, wtth report to CounclL. CONSENT CALENDAR 1 RE9oLUTTON NO. 62-78 "AT,ITHORTZING EXECUTTON OF AGREEMENT WITTI STATE PERSONNEL BOARD - COST SERVICE CONTRACT AGREEMENT(November 2, L978 to November 1, 1981) f Septenber 28, L978, transmttted copy oftve Personnel Servtces whtch attached ex-redtcated on number of candldates ded renewal for a three-year term. 2. RESOLUTION NO. 63.78 ''RESOLUTION ORDERII{G THE VACATION AND ABANDONMENT OF A PORTION OF AN EASEUE}.IT AS SHOI.'N ON THAT CERTAIN MAp ENTITLED "RESUBDMSION OF LOTS 20 - 26, Ctty Manager, by meuo o agreement wtth Cooperat aml-natton prtce ltst, pscheduled. He recommen INCLUSM, BLOCK INDUSTRIAL PARK 5, AS SHOT.'N ON MAP ENTITLED EAST MILLSDALE I,'NIT NO. 2'I * 5 3.ORDINANCE NO. T137 ''ORDINANCE REGARDING REI,TOVAL OF CANINEERtR-IMEWTfft-f 6auctton) ENCROACHI{ENT PERI.{IT . T3I2 SANCHEZ. By meoo of Septembet 27, L978, Asststant Clty Engtneer recommended approval of thts spectal encroachment permtt for purposes ofallowtng a dratn to tenatn lt an alley. Map was attached. By endorsement of Septenbet 27, L978 Ctty Manager concurred. Counctlman Marttn moved approval of the consent calendar, second by Counctlwoman Barton, carrled on unantmous vote of members Pre sent RESOLUTION 1. RESOLUTION NO. 64.78 ''RESOLUTION AUTHORIZING EXECUTION OFffiSIONAL ENGINEERING AND SURVEY SERvIcES FOR THE DESIGN OF SANITARY SEI'ER MAINS WITH WILSEY & HAMI"lras tntroduced by Counctlman Manglnt, who moved lts adoptlon, second by Counctlman MartLn, carrted on unantmoue ro11 call voteof members present. ORDINANCES . SECOND READING . HEARING 1. ORDINANCE NO. II35 "A}GNDING THE TMNSIENT OCCUPANCY TAX 6fiDITAME-6TTTCI11 OF BT,RLINCAI.{E TO REDEFINE TRANSIENT, .REqUIRE TITE KEEPING OF CERTAIN RECORDS, AND INCRE.ASING INTEREST RATES ON DELINQTENT TAXES AND PENALTIESil was pre- sented for Counctl constderatton and heartng. Memo of September 27, L97I from Ftnance Dtrector reported on ctttee ustng samedeftnttions as proposed tn thte ordtnance, and a comparison of tax rates. l.Iayor Crosby opened neettng to publtc conment. There lras none. He dectared publtc heartng closed. ORD.[NANQE_XQ._,!_!_15 passed tts eecond readtng and was adopted ont6ET6iii'IfETffiair Marttn, gecond by Counitlman l,langtni, unantmously carrted on rolI call vote of members present. 2. ORDINANCE NO. 1136 'hN ORDINANCE AI'{ENDING TITLE 13 OF TI{E ruruTffiffiEffiTeTE[FToDE coNcERNrNc VEHTcLES AND TRAFFTc, was presented for Counctl constderatton and heartng. t'layor Crosby opened meettng to the publtc. There wa3 no comoent and he declared the pubttc heartng closed. ORDINANCE NO. I.T36 passed tts second readtng and was adopted on moEton oteotrrrc ffman t..laag unantmously carrled on ro Lnt, second by Counctlman Marttn,t1 call'vote of members present. UNFINISITED BUSINESS Counctlman MangtnL reported on catls he had recetved dealtng wtth the varytng and tnequttable charges at the Ctty dump. -*4. ORDINANCE NO. ].138 "ORDINANCE AMENDING SECTION 3.52.0T0 (A) ADDINFTf;EESITT T-OTCHIEF BUILDING INSPECTOR TO THE UNCLAS SIFIED SERVICET' (Introduction) 239 240 Mayor Crosby Gunderson, Tretlring. 4, Le Rev Lseto maka stanthls o Direc tor uested commndatLon be prepared for Howardtc, Safety, and Parktng Commtsstoner, wht Ls also reqraff ACKNOWLEDGMENTS 1. Letter of September 14, 1978 frorn Mrs. Fred Ulrtch, LL24 Ktllarney Lane re cutting crosstng guards from the Ctty budget. CounciL iequested Ctty l.lanager reply'regardtng the minor cut ln crosstng guards and explalntng that School Dl,strtcts can now supply crosstng guards. 2. Letters re destructlon of vtews by trees ftom Mr. and Mrs. Samuel Honeo, 1812 Castenada Drtve; and Dt. !furvtn I. Shaptro, 1816 Montectto way. 3. Park Dtrector letter of Septembet 25, L978 acknowledgtng gtftof trees froo Saratoga Horttcultural Foundatton, Inc. ttedcePdi r8a r from Clttzens for Charter Improveoent (Proposttton A, ounty Charter) requesttng Counctl support' and offertngresentatton. Counctl dtd not deen tt advtsable to take n this matter and instructed Ctty Cterk to so advlge ntzat lon . 5. Certtftcate of Apprectatton from Chlef of Poltce to Theodote Werner, Jr. 6. Letter of Septembet 20, L978 from Mr. and Mrs. Albert W. Fenech, 722 Crossway Road, conmendtng Poltce Ilepartment. 7. Letter of Septernbex 2L, L978 from Bay View Federal Savtngs and Loan offertng use of meettng room to local non-proflt organt- zat tons . 8. Letter of september 18, 1978 from Rtchard R. Heath,of Atrports re progress of Federal Notse Btlls. 9. Mtnutes: Beauttficetton Commtsston, September 14, Ltbrary Board, Septenber 19, 1978; Planntng Commtsston,25, L978. FROM TIIE FLOOR 1978; Septembe r Councilman tlarttn reported on the League of Caltfornta Cttles Conference at Anahetm, and noted that the Clty Attorney had a copy of the resoluttons passed plus the suggested aoendments r noneof whtch, he belteved, passed. Mayor Crosby acknowledged letter from Raiser Archttectural Group requesttng tlme for presentatton on the study sesston of October 4, 1978. Counctlman Marttn abstalned from cooment. Rest of Counctl had no obJecttons. /0 NEI{ BUSINESS BICYCLE SAFETY Counctlman Martln requested that staff research thts subject slnce Burltngame ts getttng more btcycles; they are sublect to the Vehtcle Code but many do not observe lt; and rtdera' ltves are endangered. He noted successfut btcycle program at Davts.Staff wtll tnvesttgate and report. PROCI.AMATIONS Mayor Crosby proclatmed Ftre Preventlon Week, 1978 as Octobe!8 - 14; Whtte Cane Days, 1978 as October 6 and 7; and the monthof 0ctober, 1978 as Blcycle Safety Month. He noted Proclamatton comrendtng Mrs. Mtldred B. Grens, Park and Recreatton CommLsstoner, who ts letlrtng after 32 years of publlc servtce. 211 ADJOURNMENT Meettng regularly adJourned at l0:25 P.tt. t, /..". "' r%ryn n. nrfrCtty Clerk