HomeMy WebLinkAboutMin - CC - 1977.08.15427
BURLINGAME, CALIFORNIA
August 15, L977
CALL TO ORDER
A regular meeting of the Burlingame City Council was held onthe above date in the City Hal-I Council Chambers. The meeting
was calfed to order at 8:08 P.M. by Mayor A. Harrison.
PLEDGE OI' ALLEGIANCE TO THE FLAG:
Led by Alfred J. Palmer, Police Chief.
ROLL CALL
COUN CI L
COUNC IL
MEMBE RS
MEMBERS
PRSSENT:
ABSENT :
HARRISON, MANGINI, MARTIN
A-lvlSTRUP (Excused, vacation ) , CROSBY (Excused,
vac at ion )
this resolution.
and the publ-ic hearing
The minutes of the regular meeting of August L, 1977 were approved
and adopted. The minutes of the adjourned regular meeting of
August l, tsll were approved and adopted with the followi-ng
comments: Page 2, draft minutes, last paragraph, Finance
Director's statement .$350,000 is not money transferred
into the police station fund from the general fund, but rather
it remains in the general fund for this project as do the
Federal Revenue Sharing funds. " Ccuncilman Martin stated it
was his understanding that this $350,000 is to remain in the
general fund, that everything that was to be earmarked for
ihe police station had already been earmarked. Page 5, draft
minules, last paragraph. Councilman Martin said his understanding
was that if hoiels had not collected additional transient tax
beginning July 1, 1977 they would not have to pay the City.
rf, however, they had collected additional since July 1, )-977
they should pay it to the CitY.
MIN UTES
HEARINGS
I. RESOLUTION NO. 70-77"FIXING ASSESSMENT FOR WEED AND RUBBISH
ABATmd by councilman Mangini who moved its
adoption, second by Councilman Martin.
Mayor Harrison announced public hearing on
There were no conments from the audience,
was declared closed.
Motion carried on unanimous ro11 call vote of members present.
2. DRAFT ENVIRONMENTAL IMPACT REPORT EIR-40P3 PROPOSED TEN
STORY OF'FICE BUILDING, I35O BAYSHORE HIGHWAY. CHARIES KING &
ASSOCIATES, DEVELOPERS.
3. VARIANCE AND SPECIAL PERMIT APPL I CAT IONS FOR CHARLES KING
& ASSOCIATES PROJECT AT 1350 BAYSHORE HIGHWAY
Councilman Mangini moved that these two items be continued to
the Council meeting of September 5 when full Council could take
action. Second by Councilman Martin, carried by unanimous
vote of members present.
4. DRAFT ENVIRONMENTAL IMPACT REPORT EIR 47-P3 PROPOSED
RECLASSIFICATION FROM R-3 (MULTIPLE-FAMILY DWELLING) DISTRICT TO
C-2 (SERVICE BUSINESS) DISTRICT, 741 SAN MATEO AVENUE AND
ADJOINING PARKING LOT
Mayor Harrison requested
City Planner stated this
staff report.
is a straightforr"rard rezoning so that
428
a previously confused zoning district boundary through the
middle of this property can be changed and the property developed.
According to EIR findings, the existing C-2 District Boundary
does not folIow property 1ines. The reclass i fication to C-2
would permit development of the property for a greater number
of uses.
Mayor Harrison declared public hearing open
were no comments from the audience, and the
closed.
on this EIR. Therepublic hearing was
on
RESOLUTION NO. 7I-77 ''CERTIFYING ENVIRONMENTAL IMPACT REPORT
FOR RE CLASS IF ICATION OF TWO PARCELS ON SAN MATE O AVENUE FROM
R-3 (MULTIPLE FA},,IILY DWELLING) DISTRICT 'IO C-2 (SERVICE BUSINESS
DISTRICT) EIR-47P" was introduced by Councilman Mangini who moved
its adoption, second by Councilman Martin, carried on unanimous
roll- call vote of members present.
Mayor Harrison announced hearing and second reading would be
the sixth of September, 1977.
COMMUN ICAT IONS
City Planner memo of August l1 , 1977 suggested ordinance
modifications involving specific exemptions with conditions.
Council-man Mangini thought Mr. Keyston's suggestion sounded
reasonable, but questioned what impact ittould have on the
studies the City has undertaken. City Planner replied the City
has executed agreements with two consultants for these studies.
These contracts are still valid whether or not the emergency
ordinance is extended. He commented that John A. Blayney, whose
company is working on the land use study, is preparing a
recommendation for presentation at Council meeting of Septemlcer 6,
1977 .
City Attorney pointed out purpose of foregoing correspondence rs
to alert Council to the expiration date of this ordinance.
4a. ORDINANCE NO. 11f2 "AN ORDINANCE AMENDING SECTION 25.12.010
OF THE EUREI}IGAI.,IE MUIIICIPAL CODE AND THE ZONING MAPS THEREIN
INCORPORATED BY RECLASSIFYING THE SOINHWESTERLY 43.33 FEET OF
LOTS 12 AND 13, BLOCK l AND ADJOINING PORTION OF SAN MATEO
AVENUE WITH THE NORTHEASTERLY 75 FEET OF LOTS 11 AND L2, BLOCK 2
AND LOTS 9 AND 10, BLOCK 2, DECOULON SUBDIVISION, FROM THIRD
RESIDENTIAL TO COMMERCIAL-SERVICE TRADES,. WAS iNITOdUCEd fOT
first readinq by Councilman Martin.
I. THOMAS C. TAYLOR, CHAIRMAN, PI,ANNING COMMISSION, DAVID H.
KEYSTON, ANZA SHAREHOLDERS I LTQUIDATING TRUST, CITY PLANNER:
URGENCY INTERIM ORDINANCE NO. 1107 REOUIRING SPECIAL PERMITS FOR
PROJECTS NORTH AND EAST OF BAYSHORE F RXEI^IAY AND WITEIN THE ROLLINS
ROAD INDUSTRIAL AREA.
For audience information Mayor Harrison read Chairman Taylorr s
l-etter of August Ll , L977 in fu1I, the gist of which was that
the Planning Conunission study of this area is proceeding on
schedul-e but cannot be completed by September 5, 1977 when the
urgency interim ordinance expires. Planning Commiss.ion recom-
mends extending and possibly modifying the urgency ordinance.
Letter of August 8, 1977 from David H. Keyston urged that this
ordinance not be extended or reinstated. In return, Mr. Keyston
would agree to bring in preliminary plans for all projects
proposed on Anza property for Council revj-ew. Mr. Keyston
stated this ordinance has stifled deve fopment and interest in
the Burlingame Bayfront, and has required costly EIRs forprojects complying with Burlj-ngame ordinances. He suggested
the City would be well protected by his commitrent since Anza
Trust owns over 908 of developable fand in this area.
429
Councilman Martin
on this ordinance
1977 meeting.
suggested that since four votes
the matter be considered at the
are required
September 6,
Mayor Harrison corurented he agreed with some points of Mr.
Keyston's letter.
Mr. Keyston addressed Council, stating he was leaving certain
preliminary plans for this area with the City Planner for review.
He pointed out that part of the affected. area is M-I and part is
C-4. In M-L, the traffic generators are office buildings
which must come before the Ptanning Commission, so the City
does have control. In the C-4 area, with the King building
presently before the City, Anza owns 99.58 of the remaining
C-4 land. The only piece they do not own j-s L/2 acte between
California Trucking and Mobil Oif. By bringing all of their
projects before the City, Anza Trust will make certain the
City has control- of developments.
Councilman Martin emphasized his strong desire to protect
the City and noted the difference in dealing wj-th Anza Liquidating
Trust rather than Anza Pacific. Mr. Keyston assured him that
relationships \,rould be on the same leveI and offered his commitment
that the City would have total control.
Mayor Harrison set hearing on Urgency hterim Ordinance No. f107
for September 6, 1977.
FROM STAFF
1. CITY MANAGER: TRAFFIC, SAFETY, PARKING COMMISSION
FOR REMOVAL OF PARKING RESTRICTIONS FOR 1/2 BLOCK OF
DRIVE BETWEEN SANCHEZ AND MAJILLA AVENUES
RE COMMEN DAT I ON S
CALIFORN IA
This cornmission's reco[unendation of
by City l.lanager endorsement of same
recommendation for approval.
August 1I,
date, also
1977 was
carrying
tran smi tte d
his
2. CTTY MANAGER: SAN MATEO TRAINING CONSORTIUM.
City Manager's memo of August \0, 1977 reported on proposal
for traininq program by Inte rgovernmental Management Development
Institute for a flexible training program for different types
of emptoyees. Seventy-six days of training for the nine-
month period october l, 197'7 to June 30, 1978 would cost
$1,500.00. This price is possible because most County cities
would join in the program. City Manager attached proposal and
list of classes offered, and recommended Council approval .
Mayor Harrj-son questioned if this \^rould lead toward the goal
of having atl traj-ning programs supervised by the City Manager.
City Manager stated it would tenal to do so.
With Council concurrence, Mayor Harrison directed City Manager
to proceed with this program.
3. CITY MANAGER: SISTER CITY CONF'ERENCE
GARCIAS.
EXPENSES OF THE
By memo of August 10, )-977 City Manager transmitted to Council
list of expenses in the amount of $543.16 incurred by Wm. M.
Garcia, for attendance at the International Conference of Sister
Cities in Ju1y. City Manager suggested council approve the
amo unt of $300.00 as in the past.
Councilman Mangini moved Council accept recommend.ation to
approve $300.00 of these expenses, second by Councilman Martin.
l4ayor Harrison directed City Attorney to prepare fegislation
to this effect for action by City Council. He then introduced
to Counci.l and public the new member of this conmission, Mr.
Richard Foley.
430
In response to question from Councilman Martin, City Manager
said a]location for Sister City expenses was in budget. For
future reference, Councilman Martin noted Council direction that
all unbudgeted additional expense be brought to Council with
j ustification.
Motion carried unan imously.
4. CITY MANAGER/DIRECTOR OF PUBLIC WORKS: ENCROACHMENT PERMITS:
A. 401 Primrose Road
Councj-l concurred in approval of this encroachment
B. 33 Clarendon Road
permit .
Memo from Assi.stant City Enqineer of July 28, L977 informed
Council that City Engineer did not recommend approval of thispermit for a fence which is 2' into the street right of way forthe purpose of maintai-ninq ground cover. No indications ofhardship were found. Memo noted fence is already constructed.City Manager concurred in the disapproval.
Mayor Harrison reported he had visited the property, and hetoo did not consider denial would cause the property owner
hardship.
Council upheld Director of Public Works' recommendations in
disapproving permit.
C. 3l2l Margarita
By memo of August lO, 1977 Director of Public Works reportedthis encroachment permit is requested to build a fence six feethigh to within 5' from face of curb on Los Montes. Fence woul-d
encroach 6.4' into the right-of-way. Permit is requested toprovide a large yard for a dog, although there is presently a20' x 35 ' yard possible without encroachment. Constructionof fence to property line provides for an approach speed of
25 miles per hour on Margarita and 20 miles per hour on Los Montes.If fence were constructed as requested, sight distance on Los Montes
would be only 15 miles per hour. For this reason, Director of
Pub1ic works recommended this request be denied. City Manager
concurred j.n endorsement of Auqust L0, 1977.
Mrs. Gi]bert Metzler addressed Council, stating that fence i,rasto be 5' rather than 6r. She pointed out that if a lega1
fence were extended to the front of the lot on this cornerproperty it wou]d impede sight distances even more. She notedreference in memo to setting a precedent, and reported thereare fences in this area now that are right on the curb line.
In response to questj-on from Councilman Mangini, she stated
she was prepared to take pictures of the whole area for evidence,
adding her back yard is very narrow - l-2' wide and 65' Ionq.
Mayor Harrison conmented he appreciated her feelings aboutexisting fences, but he was not inclined to add to this sj-tuation.
At request of Councilman Martin, D.irector of Public Works diagrammed
Memo of August 10, 1977 from Director of Public Works recommended
approval of encroachment permj-t for commerci-a1 building at this
address under construction. Encroachment necessitated by
design of building is for protection of pedestrian safety andinstalfation of retaining walls. City Manager, by endorsementof August L0, 1977 concurred in this recornmendation .
In response to questions from Counci l-man Martin, Director of
Pub11c Works stated this is a board fence, and it must ej-therbe taken down or moved back two feet.
431
the effect of legal fence on sight distances, which would be
about the same as the encroachment since the house is 15' above
the street. He added there are many other impediments to sight
dj-stances in the area, such as trees and shrubs on other properties.
There is no sidewalk on Los Montes.
Councj-lman Martin suggested that since the grade on Los Montes
is so steep, cars are not going to approach the corner at
great speedsr so reduction in sight distances will have less
impact. A1so, a legal fence to the front property line would
impede sight distances even more. He recommended that Director
of Public LrTorks work with the Metzlers for modification of
their requested fence and the encroachment permit be allowed.
Councilman Mangini agreed in view of the fact that the legal
fence would be less safe than the encroachment requested.
Director of Public Works explained he had not wished to
recommend this encroachment because of the position the
Council would be in if there were an accident. However, if
some compromise could be reached with the Metzlers, he would
proceed with the issuance of the encroachment permit.
5. CITY I,LANAGER,/PARK DIRECTOR: REMOVAL OF DEAD HERITAGE TREE
Park Director's memo of August 10, 1977 recommended removal of
this Heritage tree, a large cypress at 1716 Easton Drive, which
is dead or nearly sor and presents a hazard. Beautification
Commission had approved this removal. City Manager's endorse-
ment of August 10, L977 joined in Park Director's recommendation.
City Council concurred in approving this tree removal.
6. CITY ATTORNEY:
BODILY INJURY
LATE CLAIM FILED BY MRS. MABEL BROMAN,
City Attorney's memo of August 9, L977 attached detail on this
claim filed on July 26, 1977 for an injury allegedly occurring
on January 27, L977. City Attorney recommended denial since it
was filed with the City beyond the 100-day limitation.
Councilman
Councilman
Martin moved this claim be denied, second by
Mangini, motion carried unanimously.
RESOLUTIONS
1. RESOLUTION 72-77 "RESOLUTION ACCEPTING ALTERATIONS AND
ADDITIONS TO CORPORATION YARD BUILDINGS JOB NO. 76-16" was
introduced by Councilman Martin, who moved its adoption. Second
by Councilman Mangini, all aye ro11 call vote of members present.
2. RESOLUTTON NO. 73-77 "RESOLUTION APPROVING REVISIONS TO SOLID
WASTE MANAGEMENT PLAN FOR SAN MATEO COUNTY" was introduced by
Councilman Mangini who moved its adoption, second by Councilman
Martin. Motion carried on unani-mous ro11 call vote of members
present.
3. RESOLUTION NO. 74-77 ''RESOLUTION AUTHORIZING E}GCUTION OF
JOIU RISM PROJECT" was introduced by
Councilman Mangini who moved its adoption, second by Councilman
Marti-n.
Mayor Harrison pointed out that a representative must be
designated for the Prism board.
Councilman Mangini commented that sufficient escape mechanism
is written into this agreement to protect the City. He offered
to act as representative unless there were other preferences
and suggested Police Chief be appointed as an alternate.
q---rwffry\-ry f,-'!..F-Brrqnffi
t
II
1t
It
432
Mayor Harrison reported that letter had been received from
F. R.Lennon, 110 Park Road, Burlingame, who volunteered to be
on this board.
Councilman Martin questioned how many County cities have joined
in this agreement. Staff stated the majority in the County
with the definite exceptj-on of Daly City. Councilman Martin
voiced his disapproval of this agreement, stating his favorable
vote would be only so that the matter could be expedited. For
the record he stated that whil-e his vote would be "yes", his
feelings would be "no. "
Cor:nci lman Mangini cormented that the timeCity may not withdraw has been drasticallycities $rere also participating.
limit during which the
shortened, and other
Motion carried on unanimous roll caII vote of members present.
Mayor Harrison appointed Councilmanto the Prism board and Po1ice Chief
Mangini as representative
as alternate.
4. RESOLUTION NO. 75-77 '' CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES
THE FORMATfON OF AN I]NDERGROTJND UTILITY DISTRTCT ON BAYSWATER
AVENUE FROM MYRTLE ROAD TO HTGHLAND AVENUE - IJNDERGROUND
DISTRfCT NO. 5" was introduced by Councilman l\,lartin who movedits adoption, second by Councilman Mangini, carried on unanimousroll call vote of members present.
Mayor
L977.
Harrison set public hearing on this matter for September 6,
1. ORDINANCE NO. 1I1O II ORDINANCE AMENDING SECTION L2.16. O9O OF
THE BURLINGAIVIE MT]NICIPAL CODE, ALLOWING CITY CONSTRUCTION OF
UNDERGROUND CONNECTING FACILITIES" was presented for Counci]consideration and publ-ic hearing.
Mayor Harrison declared the hearing open to the public. Therewere no audience comments, and the public hearing was declared
close d.
On motion
Ordin ance
unanimous
of Councilman Martin, second by CouncilmanNo. 1110 passed its second reading and wasroll call vote of members present.
Mangini,
adopted on
2. ORDINANCE NO. 1111 ''AN ORDINANCE ADDING CHAPTER 6.44 TO THE
BURLINGAME MUNICIPAL CODE RELATING TO THE LICENSING AND REGULATION
OE PRIVATE PATROLS AND EMPLOYEES THEREOF IN THE CITY OF BURT]NGAME ''was presented for Council consideration and public hearing.
City Attorney reported to Council that in the past a number ofprivate have operated in Burlingame with few problems, but inthe fast ti"ro years there have been incidents which make itadvisable for the city to license these patrol-s. This wouldpermit investigation of their services and employees, and controlof their uniforms and cars, so there would be no confusion withCity police officers and vehicles.
ORDINANCES - SECOND READING
City Attorney reported to Council that this would amend theexisting ordinance which contains no provision for the Citydoing service connections between a building on private property
and the point where facil-ities connect to City services. This
amendment would provide that the City could do this connectionwork and then place a tax lien against the property. There
have been problems in the past with service connections and thiswould solve the problem.
In response to questions from Council-man Mangini, Police Chiefstated this pertains only to street patrol services; not to
433
guard services j-n a building etc.
Mayor Harrison declared meeting open for public cofiunent. There
was no response from the audience, and the public hearing was
declared closed.
on motion of Council-man Mangj-ni, seconded by Councilman Martin,
Ordinance No. 1111- passed its second reading and was adopted
on unanimous roll call vote of members present.
UNFINISHED BUS INESS
Councilman Martin referenced letter of August 9, 1977 which he
received from Dr. Fred S. Dias, 2516 Valdivia Way, Burlingame.Dr. Dias objected to the fact that San Francisco Airport isplanning to extend Runway #1 by building a back blast wal1 at
the end of the runway. Then more heavily loaded planes would
be able to take off on Runway #1, instead of Rum^ray +28 as atpresent. This would result in increased noise 1eve1s whichthe blast wal1 would not mj.tigate.
Councilman Martin noted recent newspaper publj-cj-ty about thisconstruction, and stated that the runway coul-d be extended
600r by this method, but would then be near the freeway. The
newspaper article inferred the fence would protect the freeway
from blast and might reduce noise to the surrounding cities.
To his mind, moving the runway 600' nearer the cities wouldincrease the noise and might increase the noise contours ofthe airport itself to above 65 cneI. He made the point thatif there is not an EIR filed for this new blast screen whichdefi.nitely shows what mitigation measures have been taken in
regard to noise, he would recommend that the City Council hirea 1egal consultant to fil-e suit against the Aj-rport. He
suggested the Airport had an alternative and better solution -that of getting a permit from BCDC to extend the runway bayward.
Councilman Martin considered the attitude of the Airportrs top
management arrogant and non-cooperative with surrounding cities.
He noted the purpose and the effort of ALUC as the protection
of the ]-and in this area. However, the airport seems to do asit pleases and the situation has become very bad. Something
must be done, and he was making this statement to get thefacts before the public and gain some support. He commented
on Flying Tiger and Japan Airlines flights and noisy takeofffrom San Francisco airport in early morning hours so they can
escape the curfew in Tokyo. He suggested this situation couldbe stopped by customers' boycottinq these t\"/o airlines.
Councilman Mangini questioned if he was asking for Councilsupport to back him in requiring an EIR.
Councifman Martin replied that was not his request at present,but he would ask for Council- support at the time when ALUC had
made its statement about this situation.
Council memlcers present assured him of support at that time.
FOX MAI.L
City Council received letter of August L5, l-977 from Joseph Karpappealing the decision reached by the Planning Commission relativeto the Burlingame Avenue Special District Parking Requirementswith respect to the Fox ltlal1.
Mayor Harrison announced this appeal would be heard at themeeting of September 6, 1977.
S.F.AIRPORT
SISTER CITY CONVENTION INTE RNATIONAL
Mayor Harrison reported to Council that he had dj.scussed this
1979 convention and the prospects of its being held in Burlingame
with officials of the Visitors and Convention Bureau, and they
had offered their he1p. He therefore proposed to bid for this
convention to be held here, if Council had no objections.
Council agreed to his proposal.
NEW BUSINESS
1. DESIGNATION OE VOTING DELEGATE, LEAGUE
CONFERENCE, BUSINESS SESSIOii SEPTEMBER 28,
OF CALIFORNIA CITIES
L977
Councilman Martin emphasized that ABAG considered it important
that the same votj-ng representative selected for the League
business session attend their policy making session in the spring.
A plan will be presented before ABAG's general assembly that
involves air and water quality which could be critical for the
area.
With Council concurrence, Councilman Martin was designated
representative to both sessions.
2. COUNCIL OF
I{EETING AUGUST
MAYORS - SAN
26, t977
MATEO COI.INTY CITY SELECTION COMMITTEE
Mayor Harrison announced meeting of this committee, reporting
that at this meeting certain vacancies would be filfed: Vacancy
on the Transit Board of Directors, for which he sugqested
Counci-1man Frank Cannizaro of }{il1brae, and a vacancy on
Comprehensive Employment & Training Advisory Council, for
which he suggested incurnbent Councilwoman Jane Baker of San Mateo.
Council concurred in these recommendations .
Mayor Harrison stated he would be on vacation at this time, and
suggested that whichever member of Council arrives first at
this meeting be authorized to vote for the City. Council
agreed.
t. WARBANTS 7060 THROUGH 7477, duly audited, in the amount of
$5 38, 5 9 0. 86 were approved for payment on motion of Councilman
Mangini, second by Councilman Martin, all aye voice vote.
Previous to vote,
warrants:
Counci lman Martin questioned the following
No. 7199 - Ehrlich, Heft & Rominger - $8,970.00 - Architectural
fees. City Manager explained that this paid fee up to July l,
resulting from the first cease and desist order passed by Council
on June 20, 1977 - Director of Public Works advised he coufd
furni-sh documentation to this effect.
No. 7200 - Harding-Lawson Associates - $430.50 - Geotechnical
engineering. Staff advised this fee also is for work done
prior to July t, 1977. Councj- lman Martin questioned if these
vrere the final bi1ls for the Police Station. City Attorney
affirmed they were except for a fee of approximately $200.00for the relocation consultant for tenants on police station site.
2. PAYROLL July, L977, Check Nos. 6846 through 7609 in the
amount of $391,278.63 approved on mot ion of Councilman Mangini,
second by Counci Iman Martin, all aye voice vote.
P ROCLAMATIONS
Mayor Harrison proclaimed the week of August 14 20, 1977 as
434
APP ROVALS
435
"California Space Weekr" and September 4th and 5th, L977 as
"Jerry Lewis Muscular Dystrophy Telethon Weekend. "
COMMENDATIONS
I. Water Office Personnel
Mayor Harrison noted letters of appreciation from Finance
Director to Water Office staff. He then officially commended
Lorine Gandolfi, Cheryl Kuehner, Vera Leigh, and Betty Whittemore
of the Water Office for their efforts in the water rationingcrisis and new data processing implementation.
2. Mayor Harrison acknowledged commendation from Chief ofPolice to Mrs. E. W. McTighe in recognition of her efforts in
apprehending residential burglar.
ACKNOWLEDGMENTS
COMMUNICATIONS
1. Cir Planner: Ne ative Declarations for fnformation.
Council requested they receive copj-es of these negativedeclarations within the ten-day period for appeal.
2. Senator John Francis Foran: Senate Bill Ll-32
Letter of August 5, 1977 from Senator Foran asked for City supportin passage of SB1132 which will aid local government in gettingfair share of state reimbursement. City Manager was directed io
send letter indicating Council support.
City Attorney requested Council support and wire in oppositionto A8155 - Cumulative Trauma Reduction of a Portion ofLiability; and communi-catj-on in support of SB1237, which wouldexclude future CETA employees from the Public Employees Retire-
ment System. Council concurred in both these recommendations.
3. Chief of Police Lucky Lady
Council received Po1ice Department report of August 4, L977and supplemental report of August 15, L977 on this establishment.
These reports listed various unfavorable incidents duringafter hours operation, the latest of which Ied to notice from
Anza Patrol that they would no longer service this establishment.
At request of Mayor Harrison, Police Chief reported furtherto council on investigation. He stated he was very concernedabout these disturbances because they are occurring after hours
when police manpower is reduced, and have involved a consider-able expenditure of time and effort. He went on to say he haddiscussed this matter with Ms. Johnson, one of the proprietors,last week and told her the permit might come before the Council.He suggested this permit be terminated for the benefit of theCity and the Police Department.
Councilman Martin noted this permit was subject to cancellationat any time if there was a problem. city Attorney pointed outone of the conditions was that they have private patrol service,which has now been stopped. Police chief remarked that hisofficers have the prerogative of serving on private patrolsoff-duty, but most of them refuse to work at the Lucky Lady.
City Attorney suggested this permit be suspended with notificationto the proprietors there will be a formar hearing at the nextcouncil meeting. He commented., however, that cancellation oftheir amusement permit does not prevent them from operating asa coffee shop or restaurant as many hours a day as they wish.
rn response to question from councilman Martin, polj_ce chief
436
confirmed that the problems are with fights
disturbances after hours; that the teen ageproblems but nothing serious.
and large
group has
group
some
I"layor Harrison recommended suspension of the amusement permit.
City Attorney suggested suspending permit for after hoursoperation, allowing them to keep the teenage permit as a lever.
Councilman Mangini agreed that these incidents could not beallowed to contj-nue but questioned the specific cause to suspend.City Attorney suggested that it was taking on the nature of apublic nuisance and could be suspended for that reason.
Councilman Martin moved that the amusement permit for the after
hours operation be suspended as a condition of retaining the
amusement permit for the teenage operation before 1I:00,subject to hearing at meeting of September, L977. Second by
Councilman Mangini.
Mayor Harrison stated he had been against the whole operation
from the beginning, and would prefer to have the entire amusementpermit suspended.
Motion carried on the following ro11 call vote of members
present:
AYES:
NAYES:
COUNCILMEN:
COUNCIL}'IEN:
MANGINI,MARTIN
HARRISON (for reason stated)
1
2
3
4
5
REPORTS
MTNUTES: Beautificatj-on Commission, July
august e; Planning, JuIy 25i City CouncilJuly 25, L977.
Fire and Police Departments: Monthly Reports.
City Planner: Planning Commission meeting August 8, 1977City Treasurer: July 31, L977.
Park Director, August 4, L977, report on street trees at
Putnam DodgeLetter from Chairman, Park and Recreation Commission,
August I0, 1977 informing of continuing interest in Bayside
Pedestrian,/Aicycle Path.
7; Park & Recreation,
Budget Study Meeting
FROM THE ELOOR
Council received letter of August 15, L977 from Mrs. DonaldPeter, President, Hoover School PTA, requesting a trafficpattern evaluation and count at the five-way intersection in
front of the school on Summit Drive. It was asked that the
count be done the first week of school.
Mrs. Peter addressed Council, citing the danger of this
intersection and the necessity for a count at the beginning of
the school year. She hoped this intersection could qualify
for a warrant.
Police Chief stated this count could be done when school starts.
LAND USE TRAFFIC STUDY
City Planner suggested use of a steering committee to coordinate
staff work on this project. With consent of Council, Mayor
Harrison appointed committee of himsel-f, Thomas Taylor,
Planning Commi-ssion Chairman; and Victor Subbotin, Chairman of
Traffic, Safety, Parking Commission.
ADJOURNI4ENT
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Meeting regularly adjourned at 9:45 P.M.
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