HomeMy WebLinkAboutMin - CC - 1977.02.07283
BURLINGAME, CATIFORNIA
February 7, L977
CALL TO ORDER
A regular meeting of the Burlingame City Councif was held on the
above date in the City HaI1 Council Chambers. The meeting was
cal-led to order at 8:00 P.M. by Mayor Victor A. Mangini.
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Ralph E. Kirkup, Director
of Public Works.
ROLL CAIL
Counc i 1
Counci I
Membe rs
I4embers
Present:
Absent:
Ams t rup ,IIarri son , Mangini , Martin
Crosby - excused, out of tov/n on business
MINUTES
The minutes of the
special meeting of
regular meeting of January 17,
January 25, 1977 were approved
19 77 and the
and adopted.
PRE SENTATI ON BICENTENNIAL COMMITTEE
At this time, Mayor Mangini accorded the privilege of the floor to
Mr. Dale Perkins, Chairman of the Burlingame Bicentennial Committee.
Mr. Perkins thanked the City for its financial assistance which
made the work of this committee possible, and noted this project
had been started through the efforts of Mrs. Natalie Lanam, County
Chairman. He acknoviledged the work of Mrs. Lois Gast, Recreation
Department, in collecting data and promoting various activities.Mr. Perkins reviewed these activities which included the DeAnzaExpedition celebration, Recreation Department Bicentennial programs,
high school simulation of the battles of Lexington and Concord,July 4th celebration, Bicentennial booklet, and others. Scrapbookprepared by Mrs. Patti Bergsing and Burlingame Library staff contains
media reports and photographs of corunittee sponsored activities.Of especial note $ras the development of Heritage Park.
Mrs. Lois Gast and Mr. Wm. Hauser, Chamber of Commerce, presented
Council members wj-th individual- certificates acknowledging theirparticipation in this effort. Mrs. cloria Barton displayed theBicentennial scrapbook. Mr. Perkins listed the members of theBicentennial Corunittee. and those present in the audience stood.
Mr. William Hauser gave Committee Treasurer's report. Cityrscontribution to the cornmittee was $2,950. Through sale ofBicentennial material, the committee \./as able to return $877.37to the Cj-ty. Mr. Hausen presented check for this amount. He
presented framed certificates for distribution to organizations and
companies that had been helpful to the committee during theBicentennial year. It was the corufiittee's suggestion that theBj-centennial flag, now to be retired, be presented to the BurlingameLibrary for pre servation.
Mayor Mangini expressed the City Councilrs appreciation of and greatpride in the efforts of this committee and all citizens whoparticipated in the work of the Bicentennial .
BIDS - CONSIDERATION OF
1. ALTERATIONS AND ADDITIONS TO CORPORATION YARD BUTLDINGS
City Engineer's memo of February 2t J-977 transmitted bid summaryfor this work, which includes OSHA required items, Schedule A,
and additional work desired, Schedule B, listing 5 j-tems. Bid
s lrmmary on file in Vo1. 18, Page 293, Council- Minute Book in City
284
Clerk's office. City Engineer recommended contract be awarded to
Thornton Construction Company for $34,510 for Schedule A, and at least
Items 1,3,4 and 5, Schedule B, $17,520. Budget for construction
work is $55,000. Cit.y Manager by endorsement concurred in this
reconunendation .
RESOLUTION NO. 6_77'AWARDING CONTRACT - ALTERATIONS AND ADDITIONS TO
CORPORATION YARD BUILDINGS - JOB NO. 76-16" (Thornton Construction
Company, Schedule A, $34,510.00; Schedule B, Items L,3,4,5,
$17,520.00) was introduced by Councilman Harrison who moved its
adoption. Second by Councilman Amstrup, all aye ro11 call vote.
APPLICATION FOR AUCTION PERMIT
RICHARD H. EDWARDS, PRESIDENT, TA1T AUCTION STUDIO, INC.,
1209 HOWARD AVENUE
By letter of January 19, L977, Robert E. Edwards requested auction
permj-t with an increase in the nurler of auctions from eight per
year to one per month. Mr. Edwards had recently assumed ownershipof this studio. Letter outl-ined his previous experience, and
future plans for this studio.
A communication dated January 2L, l.977 from the Department ofPofice, signed by Lieutenant R. J. Quj-nn for Geral-d A. Nordstrom,
Chief of Police, found nothing of a derogatory nature in the
background investigation of this principal, and recommended a permit
be is sued.
f
Council-man Amstrup moved this application for
approved, second by Councilman Harrison, all
auction
aye voice
permit be
vote.
APPLICATION FOR DANCE PERMIT
1. LUCKY LADY, 410 AIRPORT BOULEVARD
Mr. Richard Rossi and Ms. Col]een Johnson, co-owners of the "LuckyLady", by l"etter of Eebruary 1,7977, requested. dance permit for an
after-hours club at this location, to function during the hours of
2:00 A.M. to 6:00 A.M. for peopfe over 18 only.
Police Department report of February 3, 19'77 by Li.eutenant R.J.
Quinn for Chief Gerald A. Nordstrom, detailed proposed operation,noting there \4,ou1d be no liquor served and precautions would be taken
against alcohof being brought into the premises. Report stated there
would be no objection to issuance of permit for 90 days under defin-
ite guidelines, with eval-uation at the end of this period.
Mayor Mangini requested comment from the Police Chief, who stated
there had been only one incident at this locatj-on during its
operation of more than a month. This was during the first r,veek
of operation. The establishment is quiet during the week, and
security people have been employed for Friday and Saturday nights.
He added there had been no particular problem up to the present
time.
Council-man Arnstrup stated he was definj-te1y opposed to the idea
and would vote "No." He did not disapprove of dancing up to 1:00
2:00 A.M., but Burlingame did not need to be an all night town.
Burlingame was not Las Vegas.
Councilman Harrison also disapproved, stating he did not vote for
the present operati-on, and disapproved of this further concept
because it might set a precedent for other all-night operations.
Councilman Martin had no objection, providing the operation were
properly policed. He did not particularly think a precedent would
be set, and noted that not too many places are so isolated from
creating a disturbance.
285
Mayor Mangini stated he thought this operation was a good idea, and
would tend to vote for it, r^rith the condition that it be watched
carefully for 90 days. He remarked it would keep young people
out of other less desirable pl-aces.
Mr. Keyston commented that the Councilsplit and re requested continuance for
fuI1 Council vote.
vote wouLd apparently be
two weeks to a1low for a
Councilman Martj-n noted that the Police report did not show that
the establishment would be closed from 12:00 A.M. to 2:00 A.M.Police Chief confirmed that present operation is scheiluled until
1:00 A.M. Mr. Keyston acknowledged his misunderstanding and statedthis cl-ub would be closed from 1:00 to 2:00 A.M., and that he
would request Johnson and Rossi to submit a letter to Council to thateffect. He cornmented that the incident referred to by the Police
Chief had been in the parking area, and additional guards were
then hired to patrol- the parking lot.
Councifman Amstrup received confirmation from the Police Chiefthat no other place j-n town allows dancing after 2:00 A.M, Based
on this, he declared that it would set a precedent and would
create problems.
Councilman Martin questioned if there were any other place in town
that al-Iows dancing that does not serve liquor. It !.ras agreed
there was not.
with the
would be
consent of Council, Mayor Mangini announced this
continued to the Council meeting of February 22,
hear ing
1977 .
COMMI]NI CATI ONS
1. MRS. BONNER J. GORDON,
WATER METERS FROM EASEMENT
f53O DRAKE AVENUE, CONCERNING REMOVAL OF
TO PARKING STRIP.
City Engineer's memo of January 28, 1977 transmitted conununicatj-onof January 2l , 1977 from Mrs. Bonner J. cordon, 1530 Drake Avenue,relative to the removal of her water meter from the easement to herparking strip. Mrs. Gordon complained that about four years ago
she had been informed by the City that these meters on Drake were
scheduled to be moved in about two years. When she inquired aboutthis recently, she had been informed that it stiIl was not possible
to schedule when this work woufd be done on Drake.
The City Engineer explained to Council that the relocation of old
mains from the easements to the streets, under the Water Systems
Improvements project, is predicated on the number of leaks in thatarea. The 1500 block on Drake has had two leaks in the past tenyears and is low in priority. Because costs are constantly changing
and new Ieaks occur dai1y, it is difficult to estimate accurately
when a pipe will be renewed. The Water Study will soon be compteted;
and based on its concLusions, this area and the whole city will beanalyzed next faII to consider streets to be included in the
1978 water System Improvements project.
Mayor Manginj- requested that Mrs. cordon be so advised.
!|Ef,,ar.'|!!r,'rEtE
Mr. David Keyston, lessor of this property, addressed the Council.
l{e clarified that this is conditioned upon only adults being on the
premj-ses from 2:00 to 6:00 A.M. AIso, the club would close
completely between 12:00 and 2:00, so that all teenagers would be
out. He commented that apparently this after-hours club is sought
as another source of income, since teenagers do not partonize the
establishment much during the week, coming in mostly on weekends.
He coNnented this would not be precedent-setting because this place
would not serve liquor.
286
2 ANGELO AND ALICE DELLACASA, 14I VICTORIA, CONCERNING PROPERTY
AT 709 BAYSWATER AVENUE
City Council had received letter dated Febru al.y 2, L977 fronl. Mr. and
Mrs. Angelo Dellacasa, 141 Victoria Avenue, requesting investigation
of remodeling of property at 709 Bayswater Avenue, owned by Nick
Dubenzo. rt was alleged this property in an R-l zone would be used
for rental purposes, and did not meet building code.
Mayor Mangini requested staff investigation and report.
MARIE M. TEI)GIRA, 1601 GRANADA AVENIIE, CONCERNING PRESERVATION
OF CITY-OWNED BUILDING USED BY AMERICAN LEGION.
Communication of January 24, 1977 from Marie M. Teixeira urged
preservation of the o1d library, the present American Legion HaIf,
at 990 Burlingame Avenue, as an historic building. Some of the
uses suggested by Mrs. Teixeira for this city-owned building
were Civic Art Gallery, Senior Citizens Center, historical museum,
etc.
City Attorney's accompanying memo of February 3, 1977 specified
that thirty days' notj-ce in writing must be given to Burlingame
Post No. 163 American Legion, if City wishes to cancel their lease
of thi-s property. He recommended that City Manager be dj-rected
to gj.ve such notice with the provision that the City will take over
possession of the premises at once upon t,he surrender of the keys
to the property by the American Legion.
Councilman Martin moved that the American Legion Post No. 163
be given thirty days' written notice with the provision that the
City take possession upon their surrender of the keys to the
property.
Mayor Mangini, on behalf of the Legionnaires, assumed that they
would be given consideration when the City takes possession.
I,lotion was seconded by Councilman Amstrup, aIl aye voice vote.
4. CITY CLERK PRESENTING DOCUMENTS CONCERNING PROPOSED DISMISSAI
O5'EMPLOYEE
Mayor Mangj-ni acknowledged transmittal letter of Februaty 3, L977
from City Clerk attachj-ng minutes and fj-ndings of fact and conclusions
of the Civil Service Commission and other related papers relative
to the dismissal of this employee. In response to his inquiry,
Mr. Bruce Bailey came forward and j-ntroduced himsel-f as attorney
for Mr. Kevin Patchett.
In his presentation to Counci.I, M.r. Bailey reviewed Mr. Patchettrs
work record, stating that evidence of co-workers was that he was
competent in his duties and had done a good job for the City. He
cited Mr. Patchett's unanticipated health problems during the past
two years, in the course of which he had used up his sick Ieave. He
also cited a "generation conflict" with a 1ead.man.
Mr. Baifey quoted specific charges filed against Mr. Patchett in
fetter of dismissal of December 7, L976 asz
That you areyour duty.
incompetent and inefficient in the performance of
That you have refused and faj-led to obey lawfu1 and reasonabfe
directions given by your superiors.
He said that the lncompetency and inefficiency charge was examined;
and from evidence submitted, the Civil Service Commission had found
it to be untrue. Re]ative to the second charge, he declared that the
3
l
)
287
findings of
conclus ions
Commiss ion
ings as:
"We find
Patchett
duties.
fact before the Council omitted to set out the actual
that the Commission reached. From the Civil Service
minutes of January 6, lg77 he quoted the Commission find-
that there is no substantial evidence that appellant
is incompetent and inefficj-ent in the performance of
Kevinhis
to obeyfor the reasons
an
"However, we find that
lawful and reasonable
that:
2.
Mr.
and
appellant has refused and failed
diiections given by his suPeriors
1 Appellan! has disobeyed directions and orders to be prompt
reporting to work, and, converselY:
Appellant has been tardy to work on numerous
Baitey declared this iloes not appear in the
conclusions before the Council which state:
',That during the course of his emptoyment he has had a consistent
record of absences and tardiness, and that he has been warned re-
peatedfy regarding this pattern. That despite such.warnings he has
teen late to work on numerous occasions without satisfactory
excuses. That the actions of Kevin Patchett constitute the
refusal and failure to obey lawfuI and resonable directions by his
superiors for the reasons ih.t he had disobeyed directions and orders
to be prompt j-n reporting to work, and, conversely, that he has been
tardy lo work on rrrmero.,ri occasions without satisfactory excuses."
He stated Mr. Patchett did admit he had been late to work several
times and had been disciplined by a three-day toss of pay on June 9,
1976. He was dj-smissed on oecember 7, ]-976. There was no evidence
that he had been tardy between those two dates. Therefore, this
was not a 1ega1 fincling, which must be for cause and have evidence
to support ii. this finding should not be upheld. He said Mr'
patcfrelt is not seeking back pay but reinstatement, since he likes
the Ci-ty and likes his job. He rePeated there have been problems
with hii supervisor, but that Mr. Patchett had related well to the
Park Dj-rector, and his co-workers felt he should be given another
chance .
The City Attorney, addressing Council, co[E[ented he thought there
had been some obiuscation created. There was never any question
during the hearing about Mr. Patchett's ability to trim trees' The
probl6m was his attendance record, which was a continual history of
ib.errces and tardiness. Contrary to !4r - Bailey, there was another
warning in october of L976- From the mj-nutes it is noted there was
an att6mpt to try the supervisor, trho, the City Attorney commented,
was tryi-ng to run a "tight ship. " Minutes of the commission hearing
contain reference to a near auto accident in which Mr. Patchett was
involved, and it was <J.angerous. He stated lhe Commission had two
charges. It found the tirdiness and poor attendance was a failure
to o6ey directions. He submitted that the decision of the Civil
Service Commission was approPriate, and basically, he felt the
record supported the manrs dismissal. He asked the council to support
the Commission.
Replying to the charge that Mr. Patchett was warned. on october 6,
l9i6- fo; tardiness, tutr. Baitey stated he had a memo supporting the
fact that this was for an absence due to i1lness. There was no
evidence of any tardiness between June 9, 1976 and the December 7,
1976 date of termination. This shows that the actual reason for
termination was not tardiness, and it was for the charges which were
found to be not supported by the Commission.
Councilman Martin noted written
Exhibit A and questioned what it
occasions. "
findings of fact
December 10, 1975 on
City Attorney repliedwarnlng on
was for.
288
he was warned by his foreman not to wear his personal hardhat on thejob but he had done so in violation of the order. Councilman Martin
questioned what time increment is j-nvolved in "tardiness" - ten
minutes, two hours, or what? I{e said he did not find this information
in the minutes. The City Attorney reported he did not know where
they drew the line.
Mayor Mangini noted there is no docr.rmented record of tardiness in
the charges, although there is apparently testimony which agreed to
claims of tardiness. He suggested that if workers have to sign in,
there could be some documentati-on.
City Attorney replied that such asince this incident. Previously,
was obvious.
sign-in system has been started
memos v/ere sent when the situation
Councilman Martin questioned if the Council was to rehear this
dismissal or to accept on the record. City Attorney said accept
on the record, suggesting the Councilrs position was not to take
new evidence.
Mr. Bailey agreed, stating he was basj-ng his argument on what
appears in the record, repeating there j-s no specific evidence which
supports tardiness after June 9, 1976 in the record.
On the subject qf disobedience, Councilman Harrison suggestedincident of December 10, f975 l-ooked l-ike dj-sobedience. City
agreed they could find on that basis.
the
Atto rney
Mr. Bailey repeated Mr. Patchettrs problems wj-th il1ness. Hepointed out that tree trimming is a high accident type of occupation.It is dangerous and everyone has a l-ot of accj-dents. He noted a
co-worker who had more accident days than Mr. Patchett. Regarding
the near auto accident of November 29, l-976, he stated that a witness
seated in the truck testified he did not see Mr. Patchett reach tograb the wheel-. Another witness testified that the order to go
back to work was unclear and could be interpreted to walk back,
which Mr. Patchett was going to do.
Mayor Mangini remarked he did not think that Mr. Patchettrs attemptto reach the controls of the car was safe. Mr. Bailey amplifiedthat Mr. Patchett was in the dangerous situation of being half in andhalf out of the car, and he tried to move the car out of gear. He
added the Commission had fairly welf accepted this.
Councilman Harrison questioned if total accident time shown of
19! days was over and above sick leave. City Attorney replied it
was, and presented Council rrrith Park Department calendars recording
time off. Councilman Martin noted that one of the accidents
reported was dropping a chain saw. To him, that was not an accident,
which was when a man got hurt. He asked specifics on the accidents,
notlng they should not be held against Mr. Patchett, if they were
another employee's faul-t.
City Attorney summarized accidents asz L/27/ 75 - struck on leg by
ball field drag; ll/12/75 - sprained ankIe, tripped over ropei
12/17/75 - hit by falling Tin:&l; 6/2/76 - sawdust in eye; 6/77/76 -
sawdust in eye; 7/l-9/76 - sprained neck; 9/2/7 6 - dropped chain
saw; l2/L/76 - contusion of left index finger.
Mr. Bailey pointed out two accidents whj.ch were not Patchettrs
fault: l/27/75, struck by drag operated by another employee.
Supervisorrs notation was that all employees would be cautioned to
Mayor Mangini remarked he was pleased that this was not a question
of Mr. Patchettrs incompetence, but that he might be well- advisedto change his occupation on the basis of accident reports and sick
l-eave time.
-.- -&lr.ar*ll"LLrai-a-
289
load
been
Councilman Martin stated that the wording wasnot the way it appeared in the minutes of the
Mayor Mangini commented the Commission foundorders in regard to being prompt.
their vehicles properly. 12/17/75 - supervisor's report hadthat Patchett was taking precautions.
Councilman Amstrup commented that paid sick Leave of 27\ days intwo years seemed excessive to him.
Mayor Mangini commented that \,rhile any firing was distasteful,Mr. Patchett had been warned on numerous occasions and \,ras suspended
once before any action was taken. Apparently, the warnings were noteffective, and the Civil Service Commission sa$, sufficient reasonfor dismissal.
Councilman Martin, remarking he found thi-s matter disturbing, pointedout that Mr. Bailey's point of charges not being proved was welltaken. Mr. Patchett had been charged with incompetencyi j-t was foundthat he was competent; and then he was fired for tardiness. He
was incredulous that this could happen and could not go atong withthe Civil Service Commission. He cited his own experience withworkers, stating lhat often tools, such as chain saws are dropped -or even thrown - and he would not fire a man for this. He affirmedthat treetrimming is a dangerous occupation and considered the"driver is captain of his ship" incident of November 29, 1976 ridiculous.
To him, the only important thj-ng would be whether Patchett got backfrom his break on time, not whether he walked or rod.e.
Councilman Harrison pointed out there were two charges for dismissal:1. Incompetency, which was not substantiatedi and 2. Failure to
obey directions. He had come to the conclusion that the CivilService Coruoission based their ruling on the specifics of the secondcharge. City Attorney added that this charge is in the languageof the Civil Service Rules and Regul-atj-ons. Courts have found thatthe word "inefficiency" includes tardiness.
Councilman l4artin stated that "disobedience" in one instance wasdefined as Mr. Patchett's walking back to work from his break.
The Civil Service Commission has found that Mr. Patchett apparentlyrefuses to be on time for work. He suggested that if the Commissionwishes to fire him for tardiness, they should say so, with a newhearing for this reason.
Councilman Harrison noted that the notice of dismissAl states,
"The above listed grounds for dismissal are based upon your historyof carelessness, disobedience, tardiness, and absence as set forthin the schedule attached hereto
correct, but that wasCivil Service Comission.
that he did disobey
The City Attorney declared he was
1ega1Iy defensible.
confident the language was
Councilman Martin repeated that it seems that the notice of dismissal
does not agree with the findings as listed.
Councilman Harrison reviewed the recorded language and said that hecould not see the inconsistency, that to his mind it was clear.
Councilman Martin stated that if the grounds for dismissal hadstated Patchett had too many days off and $/as tardy too much, hewould accept, but that it d.oes not. Again, he objected to theconcept of the "driver is captain" incident.
Councilman Amstrup stated there did not seem to be any ambiguity;the concLusions were that Patchett had disobeyed dj_rections and hadbeen tardy on numerous occasions.
290
Councilman Martin pointed out
depended upon what was in the
man was incompetent, he would
was lardy, he would.
Patchettrs future employment
If the record showed that a
him. If it showed that he
that Mr.
record.
not hire
Councilman Amstrup pointed out that
Patchett was incompetent. It states
for the j ob.
the
he
City Attorney replied there was a memo on October 6,
subject and he did not see any need to send the case
Commission. Mr. Baifey again stated he had the memo
for being sick.
record does not
did not show up
state Mr
on time
councilman Harrison ileclared that the way he read the documentation
was that the dismissal was for attendance and tardiness. He
moved the ruling of the Civil Service Commissj-on be sustained by
CounciI. Councilman Amstrup seconded the motion.
Mayor Mangini questioned if it woufd be better for the record of
this man, who is apparently a skilled craftsman, if he resigned.
City Attorney replied that the Council is past that point; that
the Civil Service Commission had already made a decision on the
dismissal charges.
Mr. Bailey suggested the alternative of seniling the case back to
the Conmission for evidence on the point of whether Mr. Patchett
was tardy between June 9, 1976 and the date of his termination.
He stated that if Mr. Patchett was terminated on the basis of these
charges, which appear to be dj-fferent from the conclusions that were
found, he-would have to take the case to court.
1976 on that
back to the
and it was
I
City Attorney told Council that if the case went to court, he
was certain that the City could defend its position.
Motion passed on the following ro11 call- vote:
AYES: COUNCILMEN: AMSTRUP,HARRISON,MANGINI
NAYES: COI]NCILMEN: MARTIN
ABSENT: COUNCILMEN: CROSBY
CONSENT CAIENDAR
FINAL PARCEL MAP: WILLIAM WRI GHT
CHULA VISTA AVENUE
FOR THOMAS MC LAUGI{LIN, 958
City Engineer memo of February l, 1977 transmitted copy of this
finil map approved by the Planning Commission. Tentative map had
been approved by both Planning Commission and Councj-I and this map
meets requj-rements of State Map Act. City Engineer recommended
approval .
By endorsement of February 3, 1977, City Manager also recommended ap-
proval .
TENTATIVE PARCEL MAP :
EASTON ADDITION #4
LOTS 3 AND 4 AND PORTION LOT 2, BLOCK 50,
City Engineer recommended approval of this tentative map, subject
to conditions listed on memo of February 2' 1977.
Manager recommended approval underBy endorsement thereon, CitY
date of February 3, J.977 .
2
Councilman Harrison moved consent calendar be accepted. Second by
297
Mayor Mangini, all aye voice vote.
RESOLUTIONS
1. RESOLUTION NO. 7-77 - ''RESOLUTION PROCLAIMING 1977 A YEAR FOR
PUBLfC AWARENESS AND SUPPORT FOR WATER CONSERVATION " was
introduced by Councilman Amstrup, who moved its adoption. Second
by Councilman Martin, all aye ro11 call vote.
2. RESOLUTION NO. 8-77 ''APPROVING THE BLOCK GRANT APPLICATION FOR
GRANT FUNDS I]NDER THE URBAN OPEN-SPACE
was presented for consideration.
AND RECREATION PROGRAM.,
Councilman Harrison referred to project description attached to
resofution which provides for instal-lation of Iawn, shrubs, and
other work in washington Park. He questioned how much time is
allowed for this project and what the Cityrs obliqation wou1d be in
the event water remains the problem that it now is.
City Manager SchrrJalm replied that a substantiaf amount of time is
allowed for the job, and in the past amendments of these applj-cations
have been alfowed. He noted there has been an attempt to make the
work, which includes paving and lighting, broad enough to cover
all situations. The Councilman questioned if it could be amended
even to the extent of withdrawing the application. The City Manager
said he thought it coul-d.
Councilman Amstrup concurred in Councilman Harrison's concern with
the water situation, pointing out that if the water shortage continues,
the City will not be able to put in lawns.
Mayor Mangini questioned how fong the City had to use the grant,
and if these funds could be used in areas other than washington
Park. The City Manager fixed the time period a! about two years,
and thought there would be some ]eeway in location. Ile woul-d check
these possibilities before submittj-ng the application.
Councilman Martin suggested that more items be put in the application
so that a choice could be made. He considered the application too
speeific. City Manager agreed to enlarge the scope.
Councilman Harrison introduced the resolution, with the directions
noted above, and moved its adoption. Second by Councilman Amstrup,
all aye ro11 call vote.
3. RESOLUTION NO. 9-77 ''ACCEPTING MYRTLE AVENUE STORM DRAIN AND
SANITARY SEWER IMPROVEMENTS, JOB NO. 76-10" was introduced by
Councilman Amstrup who moved its adoption. Second by Councilman
Martin, al-l- aye ro11 call vote.
4. RESOLUTION NO. 10- 7 7 " RESOLUTION ESTABLISHING FEE SCHEDULE FOR
SIGN PERMITS " was presented for consialeration.
Councilman Martin questioned what the $10.00 fee covered for wj-ndow
signs. City Planner replied this would be a permit fee for window
signs that exceed a1lowab1e 25? area. window signs may cover up to
508 of the window area with a permit.
Councilman Harrison introduced this resolution and moved its
Second by Counci1man Amstrup, carried on following ro11 call adoption.
vote:
AYES T COUNCILMEN: AMSTRUP,HARRISON, MANGINI
NAYES :COUNCILMEN: MARTIN
ABSENT: COUNCILMEN: CROSBY
292
Cj-ty Attorney's memo of January 3l , L977 explained that this easement
for a 10' strip of property at 1340 Edgehill Drive, j-s for the
purpose of quieting titIe. The strip contains a City drainage
structure install-ed about forty years ago. when Kurths purchased
the property, they assumed the 10' strip was included. It was not,
and this easement is for the purpose of acquiring clear tit1e.
Councilman Amstrup was concerned with the City's liabili.ty to the
property owner in the event of flooding. City Attorney explained
that thj-s drainage structure is a concrete box culvert which would
surface at the manholes in the street - not on the property. He
did not think there would be any liability. He noted the City has
always had the ditch, and there are many like it over the City.
Councilman Martj-n introduced this resolution and moved its adoption.
Second by Councilman Harrison, all aye ro11 call vote.
6. RESOLUTION NO. 12-77''DECLARING NOXIOUS AND DANGEROUS WEEDS
AND RUBBISH A NUISANCE IN ACCORDANCE WITH MUNI CIPAL CODE CHAPTER
11.08' was introduced by Councilman Harrison who moved its
adoption. Second by Councilman Amstrup, alI aye ro11 call vote.
7. RESOLUTION NO. 13-77'A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OT' BURLINGAME OPPOSING THE REDISTRIBUTION OF SALES TAX
REVENUES ON THE BASIS OF POPULATIONTT was introduced by CouncilmanMartin who moved its adoption. He noted its importance in terms of
revenue to the City, quoting Finance Directorrs figures of $2,300,000sales tax reserve for 1976, and an estimate of approximately
$1,000,000 less receipts per year if per capita distribution r^rere
implemented.
Motion seconded by Councilman Harrison, a1l aye ro11 call vote.
5. RESOLUTION NO. If- 77 "ACCEPTING
KURTH AND MARY SUSAII KURTH r was
DEED OF EASEMENT FROM GEORGES
presented for Council consideration.
di rec ted
as wefl as
to each of the five
On suggestion of Councilman Harrison, City Manager wasto send copy of resolutj-on to the Speaker of the Housethe other legislative offices noted in the resolution.
Councilman Amstrup suggested copy also be sent
County Supervisors.
UNFINISHED BUSINESS
CHOPE IIOSPITAL
Mayor l4angini noted receipt of communication from San Mateo Countyrequesting information on City's attitude regarding Chope Hospital .
He co[unented he thought the City had previously sent letter statj-ngit should be kept a community hospital. City Manager replied that
such a letter had been sent. However, he would send another.
PROCLAMATI ONS
Mayor Mangini proclaimed February 13 through L9, 1-977 as "OperationWhistle Watch Week" r February 6 through 13, L977 as "National- Crime
Prevention Week"; and February 14 through 2L, 1977 as "Regional
Emergency Medical Servj-ces Week. "
ACKNOWLEDGMENT S
1. Communications of January L8, L977 and January 31, 1977 from
Department of Transportation advising of relinquishment of highwayright of $/ay between Rivera Drive and Trousdale Drive, to the City
of Burlingame, recording date of January 27, )-977.
2. Vice-Mayor Gary Mondfrans, City of San Bruno, communication of
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rtff€e&T/OilS d,W &Oh/r/ous ro coapoppvav lnea Ba//o//1/65
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I
l-,
January 29, 7977 urging support for Supervisor Bacciocco's proposal
for additional parks and open space in a joint county/city venture.
3. Letter of January 3l , 1977advising that the total amountin Burlingame is now $45,460.
from Pacific cas and Electric Companyavailable for conversion projects
4. Letter of thanks from Lutheran Church of the Good Shepherd,
301 Burlingame Avenue, for City's proclamation on the occasion oftheir 30th anniversary.
5. City Planner report: Planning Commissj-on meeting, January 24,
1977.
6. Treasurerrs report, December 3l , 1976.
7. Minutes: Beautification Commission, January 6; Planning
Corunission, January 10 and 24; Traffic Safety & Parking Commission,
January 13, 1977.
8. Commendations to Police Department from varj-ous individuals oncapabilities of Polj-ce Sergeants John Parkin and Gary Missel, andPolice Officers Jack Van Etten, Brian McKague and Robert Boy1e.
9. Report of Decendcer 30, 1976 from Publ-ic Hea1th Engineer, Countyof San Mateo on inspection of Burlingame jai1. Inspection disclosedthat facifity is being maintained in an excellent manner.
10. Notice of meetj-ng of Transit District of San Mateo County onEebruary 23, L977 .
f] . Minutes of North SanJanuary 6, L977 .
Mateo County Noise Abatement Task Force,
Metropolitan Transportation Commission
Councilman Amstrup called attention to the fact that this Commissionwishes to increase automobile to1ls to $1.00 on the San Francisco-
Oakland Bay Bridge, the Dumbarton Bridge, and the San Mateo-
Hayr4rard Bridge for the purpose of financing transit systems. BilIswill be introduced in the legislature to this end.
Councilman Amstrup moved that the City of BurlingameState Legislature and the yetropolitan Transportationinforming them that the City .is against this proposedbridge tol-1s. Second by Councilman Harrison, all aye
contact the
Commi s s ionraise in
voice vote.
Special Permit Violations
Councilman Amstrup requested he be informed of further developmentson special permit violations at Dollar-A-Day Rent-A-Car, 1815
Bayshore Highway, and the Complaint Department Store at 1569 Bayshore.
Unemployment Insurance and Arbitration
Mayor Mangini commented on proposed legislation mandating unemploymentinsurance of public employees beginning January tt t978. CityAttorney confirmed that the I'ederal covernment is going to movein this direction. However, the League of California Cities willbe watching this carefully.
City Manager pointed out notation in League Bulletin regardingcompulsory and binding arbitration. Council agreed he should sendletter of opposition to State Senator Gregorio.
ADJOURNMENT
4,L(
Re spS ct ful ly
""&t*#rctCity Cter(
submi tte
/4 / tLLI
2s3
Meeting regularly adjourned at 10:15 p.M.