Loading...
HomeMy WebLinkAboutMin - CC - 1977.02.22294 BURLINGAME, CALII'ORNIAFebruary 22, 7977 CALL TO ORDER A regular meeting of the Burlingame City Council was held on theabove date in the City HaII Council Chambers. The meetj_ng wascalled to order at 8:07 P.M. by Mayor Victor A. Mangini. PLEDGE OF ALLEGIANCE TO THE FLAG:Led by Wayne M. Swan, CityPfanner. ROLL CALL Counc i 1 Counc i I Membe rs Member s Present: Absent: Amstrup , Cro sby , Harr i son , Manginj_ , Marti n None MINUTE S BURLINGAME INDUSTRIAL ASSESSMENT DfSTRICT NO. 2 EAST MILLSDALE INDUSTRIAL PARK UNIT NO. 1 EAST MILLSDALE INDUSTRIAL PARK UNIT NO. 2 City Attorney's memo of February 16 , 1977 attaching documentationon these amended assessments, explained that land oarce1s inthese areas have been subdivided, usualfy by a partet map, butthe subdivider did not apportion the existj-ng bonds on theproperty betr^reen the two or more parcels created by the parce]map. By Council action of May 3, 1976 City Engineer had beendirected to rectify assessments, and City staff has reapportionedthese assessment areas. Three bonds are being reapportioned, andthree resolutions have been prepared to confirm these amend.ed assessments - Mayor Mangini declared the meeting open for pubtic comment onthese amended assessments. There was no corunent, and the publichearing was declared closed. Councifman Harrison introduced and movedfollowing three resolutions:for adoption the RESOLUTfON NO. ].4-77 IIA RESOLUTION CONFIRMING AMENDED ASSESS}4ENT, BURLINGAT4E INDUSTRIAL ASSESSMENT DISTRICT NO. 2, ASSESSMENTS NOS. 1l- AND 12, " RESOLUTION NO. 15-77"A RESOLUTION CONFIRMING AMENDED ASSESSI4ENT, EAST MTLLSDALE AND 92, " RESOLUTION NO. INDUSTRIAL PARK UNIT NO. 1, ASSESSMENTS NOS. 9I 16-77"A RESOLUTION CONF I RMING AI\.TENDE D AS SES SMENT, EAST MILLSDALE 173,17 4 AND 175 INDUSTRIAL PARK UNIT NO. 2, ASSESSMENTS NOS. I72, Second by Councilman Amstrup, all- aye rotl call vote. PROCLAMATION I'MARCH - AMERICAN RED CROSS MONTH" Mayor Mangini declared his pleasure j-n honoring this organization, and read in fuI1 proclamation establishing the month of March asAmerican Red Cross month. He then presented original procfamationto Mrs. Moya Moskin, American Red Cross volunteer. The minutes of the regular meeting of February 7, l9j7 wereapproved and adopted. HEARING - AMENDED ASSESSMENTS 1 2 295 STAFF MEMORANDA I. AGREEMENT WITH SAN MATEO COUNTY SCAVENGER COMPANY City Manager memo of February 17, l-977 suggested extension of present contract with San Mateo County Scavenger Company since the City does not yet have an alternate site for a transfer station. The scavenger company had previously been requested to phase out operationof present grounds by March, 1977. Councilman Harrj-son questioned wha! an extension meant in termsof time: month by month or over several months? What is provided in this extension in terms of the original contract? What is theCityrs position regarding a transfer station? City Manager stated amendment would have to be worked out in accordance with the present contract, possibly on a month to monthbasis. He stated the practical way would be to establish atransfer station in Burlingame, but a site has not yet beenlocated. He reviewed. activities of cities to the south, inparticular the possible agreement between San Carlos and the scavenger company in establishing a transfer station there. Hedid not know whether that would satj-sfy Burlingame's needs ornot. Ile commented the City does have some options whenever it gets ready to close out the present site. Councilman Harrison stated he had no objections to a month to month contract but he would like to see some definite options. City Manager agreed, suggesting the City might have to buyproperty and build a transfer station, He noted, however, thatthe time of closing the present site is dependent on severalmatters such as City decision on the Convention Center and thegolf course. Councilman Amstrup concurred with Councilman Harrison that definiteideas must be developed. He suggested this be done imrnediately,noting the unprofitable delays already in attempting to cooperatewith neighboring cities on a site. He thought the city shouldactj-vely pursue a site in Burlingame. In reply to question from Councilman Crosby, City Manager statedthe City is sti1l pursuing the matter with City of San Mateo withno results. The scavenger company is reluctant to cooperate withBurlingame on a sj"te here because they think i-t is too expensiveto operate for just Burlingame. He acknowledged that possible arrangements \,/ith neighboring cities seem hopeless. Again he suqgested Burlingame could pick a site and see if the City couldoperate . Councilman Crosby questioned the scavenger company objection whenother cities are not specified in the agreement. City Managerstated the scavenger company feels that to construct and operatea transfer station volume is needed. Councilman Crosby urged that this matter be brought to a head. TheCity Manager suggested that Mr. L. J. Devincenzi, president of thescavenger company, be invited to a study session for discussion.Councilman Crosby approved as a step toward resolution. Mayor Mangini mentioned the possibility that the city of SanCarlos is going to establish a transfer site in the Redwood Shoresarea. However, the City of Burlingame has this present contract,and he announced that Mr. Devincenzi r"rouLd be invited to the nextstudy se ssion. Councilman Amstrup urged that definite information about a sitebe gathered before this study meetinq so that scavenger companyrepresentative could give some ansv/ers. Ee noted that scavenger 296 contract states we have to come up withoffers a site and the scavenger company release the City from this obligation. a site. If the City is reluctant, they should Councilman Martj-n considered that the scavenger company $/as not reluctant to build such a station for the city; but since the cost would have to be amortized over a period of years and there would be 1ow volume from just one city, the fees would have to go up. The company apparently considers this would not be wise. Councilman Amstrup suggested that staff be directed to findpossible sites before the study sessj-on. Councilman Crosby asked that estimate of costs on sites also be developed. Mayor Mangj-ni so dj-rected staff. 2. REVISED STATE HOUSING ELEMENT GUIDELINES City Planner memo of February L6, 1977 transmitted second draft of Housing Element Guidelines from the State dated January 31, l-977. Also transmitted was Legislative Bulletin from League of California Cities taking the positj-on that these guidelines are advisory onIy, and urging individual cities to corment on them. City Planner requested written comments from Council, noting he would forward such to State Director, Department of Housing and Cornmunity Development. Mayor Mangini stated he was in complete agreement with League comments. He questioned if j-nformation would be forthcoming on how much money the Government is going to be putting into helping cities develop low cost housing. City Planner replied he did not find any reference to this. Mayor Mangini noted Burlingame's deadline for adoption of the element is February l, 1979. He commented that the State apparently had no responsibility for coming up with any funding (". . .these regulations involve no state mandated local costs that require reimbursement under Section 223L of the Revenue and Taxation Code. ") He voiced his particular concern with the necessity for establishing a "fai.r share allocation plan" ("The localities shall have a period of oneyear after notification by the Department that they constitute a general housing market area, within which to establ-ish a fair share allocation planl) The City Planner stated his understanding was that "fair share allocation" relates to quantity of living unj-ts, not dollars. Councilman Martj-n quoted from Section 1640 of the guidelines relating to the responsibj.lity for making provision for housing needs for all economic population segments, "Consideration should also be given to the equitable distribution within the general marke! area of the costs of public services required to meet such housing needs. " He declared the City should voice its definite opposition right now, noting that since the City and County of San Francisco, for example, would have the majority of fow cost housing we would have to help them pick up their cost load. Mayor Mangini quoted portion of Paragraph 1640 i,/hich states,j-t is not enough for a locality to measure its respons ibi litie s to the community in terms of the housing needs of its residentpopulatlon." rf this were implemented, he questioned what Burlj-ngame would do. Would it be necessary to raze some present developments to provide site for Iow cost housing? The City Attorney confirmed that the guidelines are directed toward the direct cost effect of planning for fow cost housing. Mayor Mangini questioned if these guidelines are Iaw or a recorunendation. City Planner replied that the League has a very strong position in declaring these to be guidelines not part of the code. He announced March 1 meeting of the taken and -r.-1rlq1a]-! ,-J 297 3 City of Burlingame Ad Hoc Committee on the Housing Element atwhich these guidelines will be discussed. Mayor Mangini requested staff check out the matter of State'sdisclaimer on costs (SB 90) and also get answers to otherquestions. Councilman Martin sahr several probl-ems with the Guide-lines: The State is not going to pick up any mandated cost,and the State is saying we have to start sharing taxes. Thiscould be critical. He emphasized the League should be supportedon this point. EASEMENT TO P.G. & E. ON 25I TREE STRIP ALONG S.P. COMPANY RAI LROAD RIGHT OF WAY City Engineer's memo ofof easement to P.G. & E February 16, 1977 recommended approval S.P. railway right of way across Cj.tyrs 25' tree strip alongat Callfornia Drive and Palm Avenue. They wish to improve service by installing an inter-tie in theirelectric distribution system. The tie will be across the railroadfrom Carolan Avenue to California Drive at palm Drive. By endorsement of February 17, L977 City Manager also recommendedapproval. fn response to question from Councilman Amstrup, City Engineerstated this would be an overhead line through the break in thetrees at this point. Overhead instaltation would prevent damageto tree roots and minor pruning would be enough to clear newwires. RESOLUTION 17-77 "RESOLUTION AUTHORIZING EXECUTION OF EASEMEN TTOPACIFIC GAS AND ELECTRIC COMPANY ACROSS TWENTY-FIVE FOOT TREE STRIP ALONG SOUTHERN PACIFIC TRANSPORTATION COMPANY RAILROAD RIGHT OF WAY" was introduced by Councilman Harrj-son, who moved adoption,second by Councilman Amstrup, all aye ro11 ca1l vote. City Attorney stated he would prepare resolution effecting thiseasement for Mayorr s signature. 4. CONVERSION OF' UTILITY BILLING TO ELECTRONIC DATA PROCESSTNG Councifman Amstrup commented that since this conversion involvednot only a new system but also addibnal money, he woul_d liketo discuss it more thoroughly at a study session. He noted adecision to convert wou]d be irrevocabl-e. Finance Director's memo of February 15, I977 outlined evaluationprocedures relative to various data processing alternatives forthis conversion and attached processing requirements, cost analysis,and comparison of utility applications. As a result of thisresearch the Finance Director recommended an agreement $rithXerox Corporation to implement this conversion. He requesled.Council action on this agreement and approval of an increase inthe water department office budget of $7,500, as wel-1 as approva]to terminate the lease with Addressoqraph and approvaf to ieffwater department L-3000 computer. By memo of February 77, 1977 City ManaEer concurred in theFinance Director's re commendat ions . rl Mayor Mangini agreed that he had some questions a1so. Councilman Harrison had no objection to investigating at astudy session. Ile noted, however, that the Council had agreed tofollow the recommendations of peat, Marwick and Mitchell, and thatthe new Finance Director had done a remarkable job in the shorttime he has been employed. Mayor Mangini announced thj_s would be considered at the nextstudy meeting. 298 RE SOLUTION S CON\,ENTION CENTER PROJECT 1. RESOLUTION NO. 18-77 "AUTHORIZING EXECUTION OE AMENDMENT TO IMPACTAGREEMENT REPORT " REGARDING FEASIBILITY STUDY AND DRAFT ENVIRONMENTAL 2. R.ESOLUTION NO. 19-77 "DETERMINING TO PROCEED WITH PROJECT, DIRECTING NOTICE TO PROCEED, REQUESTING PLANNING COMMI SS ION ACTION AND DIRECTING STAFE TO PROCEED WITH PRELIMINARY AND FINAL REDEVELOPMENT PLAN. II Councilman Harri-son introduced Resofution No. l-8-77 and moved its adoption. Second by Councilman Amstrup. Motion carried on the followj-ng roll call vote: AYES : COI,NCILI4EN : AMSTRUP , CROSBY ,IIARRI SON , MANGINI Councilman Harrison introduced Resolution No. 19-77 and moved its adoption. Second by Council-man Crosby. Motion carried onfollowing ro11 call vote : AYES:COUNClLMEN:AMS TRUP , CROSBY , HARRI SON , MANGIN I MARTINNAYES: COUNCILMEN: These two resolutions were presented for Council Mayor Manqini explained that the City must takethe Redevelopment Agency can take action. Councilman Harrison moved that the City Attorney City Project Manager for this project, second by Amstrup, all aye voice vote. UNFINISHED BUSINESS cons ideration . such action before be named as Counc i lman APPLICATION FOR DANCE PERMIT 6:00 A.M. I LUCKY LADY , BETWEEN THE 410 AIRPORT BOULEVARD, HOURS OF 2:00 A.M. AND This application had been continued from the Council meeting of February 7 in order to have ful-1 Council present at the hearing. In the interim Council had received letter from the operators with additional details. Mayor Mangini requested report from Police Chief who stated there had been another incident, a fight, on February 12. This made a total- of two incidents since the operation started. Councilman Amstrup made clear his position opposing this permit. He saw no reason for having a dance permit after 2:00 A.M. and considered it naive to think there would be no alcohol broughtj-nto the premj-ses. The City had originally approved the present permit for the benefit of teenagers. Now they were goinqi to be removed and the place taken over by adults. He mentioned the City's 10:00 P.M. curfew for minors and suggested that a 14 year o1d could stay in the establishment until 1:00 A.M. He afso considered the new hours would set a precedent. Councilman Harrison remarked his views clear at the last meeting, and nothing thinking. oppos ing since had it had been made changed his Councilman Crosby noted his original understanding that this was to be a teenage place, and guestioned why a 2:00 - 6:00 A.M. schedule was desired. Ms. Colleen Johnson stated it would be for the many peop]e in Burlingame who work nights with no place to go after work for entertainment. She repeated no alcohol would be serv6d, and there would be live entertainment and a restaurant. NAYES: COUNCILMEN: MARTIN 5 r^,n+1L.&J-&. 29g Councilman Crosby questioned what would be done with people who came already intoxicated, and asked further information about the second "incident." Ms. Johnson replied that drunken people wouldnot be allowed to enter. The fight on February 12, L977 had occured when a drunken person had attempted to come in and was refused.His friends had started a fight. Councilman Crosby remarked he had no objections, but thoughtthis should be a tentative permit since there could be problems. Mayor Mangini noted that under the present agireement anyone under 18 must be off the premises by 9:30 P.M. He was concerned that any change in the agreement must be clearly stated and approvedby the Council. Ms. Johnson confirmed that her request was anextension of the hours in the present agreement. Mr. Rossi statedthey wanted to have a good breakfast club in good taste without any obscenity. If the busi-ness warranted, they would do a gooddecent job. ff not, they would soon be out of business. He noted that live entertainment would include an entertainerpresently at the Hyatt House. Councilman Amstrup asked why everyone had to get out by I:00.Mr. Rossi stated the place would be cleaned and then people wouldbe readmitted at 2200. He pointed out that some youngsters under18 are not off the premises by 9:30 because their parents seethe officers and feel secure enough to leave them there to pick up later. Sometimes parents do not get back by 9:30. Councilman Harrison emphasized that the agreement with Mr. Rossi and Ms. Johnson did specify that people under 18 would be told toleave at 9:30. But in fact, they are still staying until11:00 or so until parents pi-ck them up. He considered thj-s aviol-ation of the agreement. Mr. Rossi stated that after 9:30no one under the age of 18 is admitted. councilman crosby asked exactly what age group wourd be therefrom 9:30 to 1:00 A.M. Mr. Rossi stated it would be the l-A-Zlyear old people. on further questioning he stated the 2:00 A.M.opening would be for peopre over 2l since he did not want theyoung adults mixing with older people who might come in frombars at that hour. Councilman Amstrup made the point that anyoneadul-t under the law, and an 18 year oId couldstay until 2:00 A.M. and re-enter. 18 or over is an go out at 1:00, Mayor Mangini was concerned with the wording of the request whichstates "adults" and does not specify age groups. Mr. Rossiremarked he had thought that "adurt" refers to 2L or over. rnreply to other Council questions, he stated the one hour closingwould be for purposes of cleanup; and that another entry fee wouldbe charged at 2:00 A.M. He stated frankly that the latter wasthe pertinent reason for closing since he needed additionar revenue. councilman Amstrup noted many shift workers get off at 11:00 p. which would give them three hours until 1:00 A.M. Mr. Rossireplied that people such as musicians, bartenders, waitressesare just finishing their shifts around 2:00. M Mr. I'rank Pagliaro, Drake Avenue, Burlingame, stated he wasopposed to the operation because it would not benefj-t the citizensof Burlingame and would spend additional tax money for policeservices. He mentioned problems with a similar establishment onBroadway. A1so, Burlingame will get a reputation as an after-hourstown and attract undesirable people. Mr. Rossi stated his business pays forhe is running an honest business. He the security police andnoted that of the two the place and the other ( " inc ts",one person never got into J 300 was refused. The last incident was started by an ethnic group which does not even live in Burfingame. Mayor Mangini suggested that since the present 90 day permit wasa test period, and the subsequent request for extension is notcIear, it would be best for the operators to wait until the endof the 90 days. He questioned what effect this would have ontheir business. Mr. Rossi replied his actual revenue, as a teenage c1ub, is from only two nj-ghts a week, and he would probably haveto close down . Councilman Martin commented the establishment on Broadway mentioned by l4r. Pagliaro was not new but one of the oldest onthat street. He suggested the principals discuss this requestwith the Police Chief and come up with a letter of request that was total]y clear as to age groups and other concepts. I{e suggestedMr. Rossi was confused as to the definition of "adult" whether l-8or 21 years. Mr, Rossi stated he would be glad to cooperate in any way, but thought this could be considered as a new proposal. Councilman Harrison said he wasto the first permit if this was concerned. about \,/hat granted. would happen Councilman Martin told Mr. Rossi he was suggesting thatproposal woufd not get enough votes tonj-ght and that the shoul-d come back later wj-th a clearly stated reguest. the princ ipal s On the question, Councilman Martin asked if the principals would be able to submit a new proposal if this motion were passed. Councilman Crosby was also concerned. City Attorney affirmed that the principals would have this prerogative. Councilman Martinstated that under these circumstances he would approve the motion. Motion passed on unanimous ro11 call vote. Mayor Mangini instructed principals tothe next Council meeting if possible. di-d have until the 23rd of March. restate the request City Attorney noted by they RE CES S A short recess hras reconvened, decl-ared at 9:15 P.M. after which the meeting ACKNOWLE DGMENTS 1. Reports from City Manager and City Attorney: 709 BayswaterAvenue. Ci-ty Attorney memo of February l-5, 1917 stated thatinvestigation of remodeling at this address developed that theserepairs v/ere to a non-conformj-ng use, existing prior to the 1941 Code, that the work therefore had not added any i11egaI use to theproperty. No further action is merited on the complaint from Mr. Dellacasa. City l,,tanager memo of February L6, l-977 transmitting this memo stated that the legality of the permit was considered, and a permit was determined to be the right of the applicant. Mayor Mangini read this correspondence for the information ofMr. Dellacasa, present at this meeting. Mr. Dellacasa protested this decision was unfair; that he had been denied a similar request; and that the building in question was structuralfy unsound. It was pointed out that Mr. Dellacasa's request had been for an addition to an existing building. Mayor Manqini declared the Council would be guided by the decision of the City Attorney. l Councilman Harrison moved the request for a permit from 2:00to 5:00 A.M. be denied. Councilman Amstrup seconded. 301 ?: PAYRgL!^Janlar^Y, 1977, check Nos. 2483 rhrough 3174 in theamount of $344,702.74 approved for payment on moiio., of councirmanHarrison, second by Councilman Crosly, all aye voice vote. 1. WARRANTS 5 219 $4 9I,862.33, wereHarrison, second b ADJOURNI4ENT Meeting adjourned at 9:45of the City of Burlingame. through 5575, duly audited, in the amount ofapproved for payment on motion of Councilmany Councj-Iman Amstrup, all aye voice vote. P.M. to meeting of Redevelopment Agency Respectfully submitted, c; ?"ltv City /,-,nlT: Clerk z/zlzlHill q 2^. Report from City Attorneyi Convention Center project.3. Minutes: Park & Recreation Commission, February 6; Traffic,Safety, Parking, February l-O, I97j. t. Council Study Meeting Notes, February 2, lg77 t. Fire Department report, month of February 9. Report from City planner on planners tnslitute in Los Angeles, J..- .l:" Mateo County park and Recreation Department letter of2/9/77 to A.s. Jackson, president, san Mateo county Regionar planningCommittee. Councj_Iman Harrison noted Mr. Jackson'i re{uest toCity Manager that Burlingame host the RpC meeting of Mjrch 24 tothe extent of mailing invitations etc. councirmin Martin notedCounty has facilities and ordinarily takes care of this duty.councilman Harrison asked if there would be any objection. Therewas none. councilman Amstrup remarked on current article in san Mateo Ti-mescomparing cost of government in various cities, ana euriintame,shigh.rate of expenditure for severar, departments. councirrianHarrison noted outstanding work done by police ana r,iie - oepartmentsas evidenced by letters of commendation. Councilman amstrupcommented publicity should also be given to the fact thatBurlingame has the lowest tax rate of att peninsula cities. Mayor Mangini urged attention to cornmunication from Town ofAtherton _regarding pilar point Harbor, and requested comment atnext study meeting. APPROVALS: