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HomeMy WebLinkAboutMin - CC - 1976.12.20253 BURL I NGAN4E, CAL I FORN tA December 20, 1916 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City-Hall Council Chambers. The meeting was called to order at 8:07 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Jerome F. CoIeman, City Attorney. ROLL CALL Counci I Members Present: Counci I Members Absent: Amstrup, Crosby, Harrison, Ma4rgini, MartinNone I The minutes of the regular meeting of December 6, 1976 were approved and adopted with the fol lowing corrections: Second pager second paragraph, draft minufes; Substitution of with: rrThe City Planner estimated this slope would not exceed Page B, fifth paragraph, add,ttif held.rr second sentence 1* to 1 .rr APPOINTMENT - FINANCE DIRECTOR Mayor Mangini read letter of December 15, 1976 from Davld N. Millican accepting appointment as Finance Director for the City of Burlingdme with a starting date of January 10, 1916. I STAFF MEMORANDA REVISION OF BUSINESS LICENSING PROVISIONS City Attorney memo of December 2, 1916 transmitted statistics on business licensing and proposed ordinance revising business I icense code. With Counci I concurrence, Mayor Mangini referred this material to the study meeting of January 12,1911. 2. PROPOSALS FOR NEW STOP SIGNS ENDORSED BY TRAFFIC, SAFETY, PARKING COMMISSION: BROADWAY/VANCOUVER DRIVE AND BALBOA/DAVIS DRIVE. City Engineer memo of December 14, 1976 reported that Traffic, Parking Commission had endorsed fhese stop sign instal lations, Eng i neer recommendation. Safety and and added City Councilman Martin stated he had no objections providing State warrants are mef. City Engineer confirmed that they are warranted in these two cases as recommended by the Traffic Engineer. Counci lman Harrison moved Counci I approve these instal lations, second by Counci lman Amstrup, al I aye voice vote City Attorney stated he would prepare ordinance effecting these proposals. 1 . J EAN AND YOLANDA GOROST I GUE 1536 ALTURAS DRIVE This encroachment permit to maintain a 4rr to 6rrconcrete block curb within the street right of way to prevent drainage on neighboring properfy was recommended by City Engineer memo of December 14, 1916. M I NUTES { CONSENT CALENDAR: ENCROACHMENT PERM I TS: 254 L2 METCALF 2 CALI FORN IA DRI VE City Engineer memo of December 15, 1976 explained this encroachment permit is for use of air space across Peninsula Avenue and at the intersection of California Drive. lt is proposed by the lndustrial Telephone System to install an aerial cable diagonally across California Drive connecting this auto dealerrs main bui I ding with the used car lot for intercommunication system. Memo attached site sketches and explanatory letfer from lndustrial Telephone Systems. Councilman Harrison objected to the appearance of another overhead cable, and questioned if any other method could be used. City Engineer stated there were several alternatives, including undergrounding. Counci lman Amstrup mentioned use of equipment such as walkie-talkies. Counci lman Harrison suggested alternatives be discussed with lndustrial Telephone. ln response to questions from Councilman Crosby, City Engineer confirmed thaf San Mafeo has granted rights to their half of the air space, and that staff had not indicated to Metcalf that approval would necessarlly be given. Councilman Harrison moved approval of ltem 1 on the Consent Calendar and reference of ltem 2 back to L. V. Metcalf. Second by Councilman Amstrup, al I aye voice vote. RENEWAL OF AMUSEMENT LICENSES CHARLEY BROWNtS, 1550 OLD BAYSHORE HIGHWAY BOGARTTS LOUNGE, 261 CALIFORNIA DRIVE EGGPLANT RESTAURANT, 1310 OLD BAYSL]ORE I. SHERATON I NN 1117 AIRPORT BOULEVARD Separafe communications, three dated December 10, 1976 and one dated December 13, 1916 lrom the Department of Police signed by Lieutenant R. J. Ouinn for Gerald A. Nordstrom, Chief of Police, offered no objections to the renewal of these permits. Councilman Harrison moved all of the above licenses be approved for the period of one year. Second by Counci lman Amstrup Counci lman Crosby specifical ly questioned operatlon of Bogartrs Lounge. Pol ice Chief assured him no trouble is being encountered. 1 2 3 4 Motion carried on al I RESOLUT I ONS aye voice vote. 1 . RESOLUT I ON NO 9O-76 'IACCEPTING RESURFACING RECREATION FACILITIES JOB N0.76-14rrwas introduced by Councilman Martin who moved its a dopt i on . Second by Counci lman Crosby, al I aye rol I cal I vote. 2. RESOLUTION AUTHORIZING EXECUTION OF EASEMENT TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY. Councilman Martin questioned the reason for this easement and whether the phone company is going to pay the City for it. He commented utility companies never offer their services free. City Engineer replied the company wished to relocate an existing pole and run the utilities underground. He had informed them they needed an easement for this purpose but he had not asked for a contribution. Counci lman Martin desired more information before acting on this resolution. Mayor Mangini requested City Engineer to submit more details for future Counci I action. 3. RESOLUTION NO. 91-16 I'RESOLUTION DETERMINING THAT MORE THAN NINETY PER CENT G-o%I OF THE BURLINGAME CITY STREET SYSTEI4 HAS BEEN CONSTRUCTEDTT was introduced by Councilman Harrison who movecl its adoption. Second by Councilman Amstrup. ^ .r-) )-.a- 4r.L:.. rl],.--,,1, ru -d.-tr*.-r--.+ uL^^-.- 25s At the request of Mayor Mangini, City Engineer explained that the City has built up a large Gas Tax reserve. These funds should be used primarily for rhajor capital improvement on the select street system. However, the City should have the option for using these funds on streets other than this system, and the passage of this resolution would enable such use under State law. Resolution-adopfed on all aye roll call vote. Counci lman Harri$on expressed approval of City Engineerts research which enabled City to make ful ler use of fhese funds. 4. RESOLUTION NO. 92-16 IIRESOLUTION DESIGNATING THE POLICE CHIEF AS ISSUING AUTHORITY FOR ISSUANCE 0F EXPLOSIVE PERMITST| was introduced by Counci lman Amstrup who moved its adoption. Second by Councilman Crosby, all aye roll call vote. Counci lman Crosby questioned how man Chief informed him there are two, on other for a sporting goods store. uch permits are now in the City. Police or detection device for a bank, and the ys ef 5. RESOLUTION NO. 93-16 IIRESOLUTION DESIGNATING INDIVIDUALS AUTHORIZED TO EXECUTE DOCUMENTS FOR OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT 0F 1950r'was introduced by Councilman Amstrup who moved its adoption. Second by Counci lman Harrison. At the request of the Mayor, City Engineer explained that under State law the City must designate certain officials to sign documents. ln this case, it would be the City Manager and the Fire Chief. Motion carried on al I aye rol I cal I vote. Counci lman Amstrup commended the Pol ice Department for their contribution to the Kidney Foundation as evidenced by their official greeting card. ORDINANCE - SECOND READING - HEARING ORDINANCE NO. 1095 IIAN ORDINANCE AMENDING SECTION 25.12.010 OF THE BURLINGAME MUNICIPAL CODE AND THE ZONING MAPS THEREIN INCORPORATED BY RECLASSIFYING LoT 5, BLOCK 4, BURLINGAME PARK N0. 2 FROM FIRST RESTDENTIAL (R-1) DISTRICT T0 THIRD RESTDENTIAL (R-3) DlSTRlCTrfwas given its second reading. Mayor Mangini declared the hearing open. There were no comments from the floor and the hearing was declared closed. 0n motion of Councilman Harrison, second by Councilman Martin, the ordinance passed its second reading and was unamimously adopted on rol I caI I vote. ORDINANCES - INTRODUCTION ORD I NANCE NO 1096 il ORDINANCE ADOPTING RULES, REGULATIONS AND STANDARDS FOR THE INSTALLATI0N, LOCATI0N AND MAINTENANCE 0F SlGNSrr was introduced for first read i ng by Counc i I man Amstrup. ORDINANCE NO. 1091 IIORDINANCE PROVIDING FOR INCREASE IN COUNCILMEN?S SALARYII was introduced for first reading by Counci lman Harrison. NEW POLICE ST ATION Mayor Mangini reported that fhe Council Committee on this project suggested at its last meeting that the Council be prepared to study some recommendations on phases of Plan B late in January, preferably at a special meeting. Councilman Martin added that at the same time Conrad and Associates should have their plan ready le . I 1,.*{,^.$lr. U,]u.\r- &r .t II 256 City Council.had received report dated December 16, 1916 from Chief of Police. Report was attached to a letter, dated December B, 19-76, from Ms. Johnson and Mr. Rossi describing their present proposal for an ffunder 21fr club. Police Chieffs communication noted that this operation had changed from the original plan, and the Police Department could find no reason to recommend denial of a dance or entertainment permit. The Police Chief recommended that the permit be issued for a ninety day period, and that the Police Department would guarantee continued observation of the operation with a full report to Council prior to any renewal. City Council also received report dated December 15, 1976 +rom Fire lnspector which detai led chronological ly progress on plans for bringing this structure to conformity with the Fire Code. Report indicated that all necessary repairs had not yet been made to the satisfaction of the Fire Department. Mayor Mangini called upon Ms. Colleen Johnson, 1219 Cobb Street, San Mateo, for explanation of principalst porition Ms. ,Johnson told Council she would gladly comply with all Fire Department requirements, but did not wish to go to the expense of remodeling unless she were assured of the permit. She added that if a permit were granted, she could get contractors started immediately. Mayor ManEini pointed out that Council could not approve without full compliance with all codes. City Attorney suggested approval could be subject to such compl iance. Ms. Johnson indicated that would be satisfactory to her. Councilman Amstrup voiced confusion as to the change of plans from a 23 hour a day operation to an under 21 club, and questioned if their future plans still included the operation of private club, restaurant, etc. He questioned what was meant by rrunder 21rr. Ms. Johnson replied that no real age limit had been sef, although it would be if required. She presented the purpose of the club as being a place where teenagers could gor with parental consent, noting that this is needed in this comntunity. Mayor Mangini received confirmation from the City Attorney that a permit for this establishment had been granted by the San Mateo County Health Department. Councilman Harrison was concerned about a statement in the Police Departmenf letter of November 10, 1916 which gave age limits as 10'21 years. He considered the age groups too widely separated, and pointed out that the younger children, in particular, would be spending all their small resources on arcade type machines. Ms. Johnson replied they had never quoted the age limit of 10 years. She, too, thought this too young, and their idea had been for young people of 14 to 'l B yea rs Councilman Harrison commented it would be hard to keep younger people out. Mayor Mangini questioned if Ms. Johnson had plans for checking admission to this club. Ms. Johnson stated there would be a person at the door to prevent entrance of undesirables, and fo enforce age regulations if that is required. Councilman Martin questioned if she could agree to a high school age limit of 14 - 2l years. He stated he was reluctant to shut out a place where teenagers could go, but he would not like the mixing of grade school and high school people. He suggested the use of an l.D. card such as the young people at Mills, Burlingame, and Mercy High Schools have. This would stop the use of the club by intermediate school pupils. Ms. Johnson agreed this could be done. Mayor Mangini pointed out that the possession of an l.D. card does not insure UNFINISHED BUSINESS AMUSEMENT LICENSE - LUCKY LADY, 410 AIRPORT BOULEVARD -.r --!r! ".-*, 257 the right identity. Ms. Johnson commented that any place where minors are al lowed has the same problem. Mayor Mangini requested confirmation of the age I imits. Councilman Crosby stated his understanding was age 14 to seniors in High School, but Councilman Martin did not think a top age limit could be enforced. Ms. Johnson suggested no one over 21 unless a parent. There was Council concern as to how young people of 14 would reach this location. Ms. Johnson suggested they could get rides with a group or from their parents; and pointed out these same young people manage to get to the drive- ins which are in this area. Council raised the question of curfew. Ms. Johnson sfated the 10:00 P.M. curfew for people dnder 1B would be enforced if requested, s+ating that Anza Patrol would be of assistance. Councilman Crosby foresaw difficultv with this, but Ms. Johnson said young people would simply be asked to go. Councilman Martin suggested that a realistic approach be taken regarding curfew; that a '10:00 curfew be set at this establishmerit for ages 10 to 16, and after 10:00 for higher ages. He considered this might be difficult to work out, but urged that the Council try to give teenagers a fair break. lf it could be arrrnged satisfactorily, he would like to go along with the proposal. Speaking to Ms. Jbhnson, Mayor Mangini stated he personally thought she had an excellent idea, but shb must understand Council concerns for young people. Councilman Crosby stated he was inclined to favor fhe establishment in view of the frial period of 90 days. He thought young people did need a place to go, but some'conditions discussed should be put on it. Coundi lman Martin suggested Counci lman'Harrison and the Pol ice Chief meet with the principals to agree upon conditions. Counci lman Harrison decl ined, stating he was not going to support the proposal at'all. He cited present opportunities for young poeplers recreation such as offered by the Burlingame High'School and the Burl ingame Recreation Departmenf, Ms. Johnson commented that many young people are out of high school by age 17 and others need more than the Recreation Center to satisfy their needs. Mayor Mangini stated he would like to assign himself and the Police Chief to discuss appropriate conditions with Mr. Rossi and Ms. Johnson. Ms. Johnson asked if Council could approve in principle before that meeting so that she could start on remodeling. City Attorney again noted the permit could be approved subject to conditions, Counci lman Crosby stated he had no objections. Councilman Martin moved this permit be approved for a period of ninety days, subject to Fire Department and Building lnspector approval and with the condition that hours and age limits be arranged by Police Chief, Mayor Mangini, Ms. Johnson and Mr. Rossi. Second by Counci lman Crosby. Councilman Amstrup rnade the statemenf that he was in favor of something for young people too, but he disapproved of this type of establishment and the location was definitely wrong. Motion carried on the following roll AYES: COUNC I LMEN: CROSBY, MANG I N I , NAYES: COUNCI LMEN: AMSTRUP, HARRISON cal I vote: MART I N rFryffi "rlT.rrffi t8r'"nrYeriTffi--f F,'q *-,?ryrr.-!ryr+F.F:ry*ffr.nF=,E5i-G 258 NEW BUS I NESS EUCALYPTUS GROVE Councilman Amstrup noted that a grove of eucalyptus trees located on the East side of the S. P. tracks in the North industrial area appeared to be.dying. He estimated about thirty trees seemed to be affected, and it did not appear to be from normal causes. He suggested staff investigate. WHEELCHA I R RAMPS Councilman Crosby told of an inquiry about street ramps from a handicapped businessman on Broadway. The man spoke of the difficulty people in wheel- chairs'have in negotiating the curbs in this business area. The Counci lman commented on a San Mateo program for installing such ramps, designating a certain number of intersections per year; and suggested staff come up with an estimate of a similar program in Burlingame for the Broadway area. He requested comment from the City Engineer. City Engineer estimated that, based on current sidewalk program, such ramps would cost about $400-500 each. He confirmed that several cities have programs for such ramp installationsih selected areas, doing one or two corners per year. State law requires that all new construction be equipped with ramps. Councilman Amstrup agreed this program would be a good idea, and asked that City Engineer develop a firm figure on the cost of such a program and method of f inanci ng i-ts implementation. APPROVALS Warrants and Pa yroll |VARRANTS 4605 throu gh 4952, duly audited, in the amount of $621,918.60, were approved for payment on motion of Councilman Harrison, second by Counci lman Amstrup, al I aye voice vote. q4k PAYROLL November, 1976, Check Nos. 1009 through 1768 in the amount of l-frtffi7s.47, approved for payment on motion of Councitman Harrison, second by Counci lman Amstrup, al I aye voice vote. ACKNOWLEDGMENTS 1. City Attorney memo of December 15, 1916 on late claim filings. At the Mayorts request, City Attorney reported that last year five petitions for late claimsv,erefiled. City Attorney checked with the insurance carrier and four of these claims were allowed, one denied. He noted it will be the policy of CLa'imsManager under the Cityts new partially self-insured program to deny all late claims 2. City Planner report, Planning Commission meeting, December 13r1976. Mayor Mangini commented he approved of the concise format. 3. Report of Pol ice Department for November, 1976. 4. Report of Fire Department for November, 1976. 5. Minutes: Counci I Study meeting, December B, 1976; Beautification Commission, December 2, 1976; Park and Recreation Commission, December 14, 1976. DOCUMENTS : . CONVENT ION CENTER PROJ ECT 1. AGREEMENT REGARDING FEASIBILITY STUDY AND DRAFT ENVIRONMENTAL IMPACT REPORT2. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT REGARDING FEASIBILITY STUDY AND DRAFT ENVIRONN4ENTAL IMPACT REPORT 3. AGREEMENT FOR PROVIDING ECONOMIC FEASIBILITY STUDY 4. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROVIDING ECONOMIC FEAS I BI LITY STUDY rt sroL, r\t.Ud. oxo4a) J 5. RESOLUT ION DESIGNATING SURVEY AREA. Relative to this project, Mayor Mangini questioned whether or not any work would be done on the dri,0ing range. City Engineer replied driving range had been authorized by City Council; staff had obtained soils report and is proceeding with design. Future report wi I I be made to Counci l. Mayor Mangini questioned if lessee was responsible for upkeep of drains and other faci I ities. City Engineer reported that lessee was responsible for al I ma i ntenance and operat ions. ,! Mayor Mangini requested clarification of Silverton agreement, Page 4, ltem 5), referring to minimum annual rent. City Attorney agreed language could be more clear and suggested these changes: Page 3, Paragraph b) 1Oth line from bottom, strike rr(A)rr' fifth line from bottom, strike rrortf and add frto a maximum offr; fourth line f rom bottom, strikerr(B) atrr, put ttoftt before tt3!%n, after 3f$, strike rest of line; third line f rom bottom, strikertever is lessrr. Page 4, Paragraph d), 1Oth line of paragraph, line should read ttthe period of such extension shall be fhe greater of either (i) a base rent of $2r3OOr000I. Line 11, strike f'the greater of either ( i).rr Sixteenth line, after rrBureau of Labor Statisticsrf addrrto arr. Seventeenth line should read ftmaximum of 3*/,." Strike rest of I ine.' Eighteenth I ine, strike ff is lessrt. Mayor Mangini questioned if the City could sell their own land, if there was a potential buyer. City Attorney stated he could not give an opinion until he knew how that land was acquired. The Mayor said his recollection was that part of that land was deeded as park and recreation land or open space, and that type of area could not be sold. Councilman Crosby said he thought that about four acres of that land was bought with general funds. The City Attorney thought in that case it could be sold. Councilman Harrison noted that on Page 4, Paragraph, a), there are conditions of encumbrances and title to the Sheraton Hotel in the event Silverton is the successful bidder. He questioned what would happen to the hotel in the event that Si lverton is notthe successful bidder. Counci lman Martin remarked that these conditions would be out. Councilman Martin suggested thattrper annumtrbe added after n3!%tt on both Page 5, Paragraph b) and Page 4, Paragraph d). RESOLUTION NO. 94.16 IIA RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT REGARDING FEASIBILITY STUDY AND DRAFT ENVIRONMENTAL IMPACT REPORTil was introduced by Councilman Harrison who moved its adoption. Second by Mayor Mangini with the stipulation that it be ref6rred to as revised December 20,1916. Councilman Crosby wanted confirmation that Mr. Silverton and Mr. McMillan are advised of this eveningrs changes in the agreement. Mr. McMillan stated that had been discussed with the Cify Attorney. Motion carried on al I aye rol I cal I vote. RESOLUTION NO. 95_16 I'A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROVIDING ECONOMIC FEASIBILITY STUDYTT was introduced by Councilman Harrison who moved its adoption, second by Counci lman Crosby. Mayor Mangini received confirmation that revision date of the agreement was December 1, 19-76. He then questioned the inclusion of rrsolid waste transfer stationfr in the agreement, and was informed by the City Attorney that this phrase wi I I be taken out. Motion carried on al I aye rol I cal I vote. RESOLUTION N0. 96'16 rf A RESOLUTION DESIGNATING SURVEY AREAtrwas introduced b v Counci lman Harrison, who moved its adoption. Second by Counci lman Crosby. 260 Councilman Amstrup questioned the size of the area, which would be larger than the convention site itself. City Engineer explained that the EIR will be based on this survey area which includes the overpass. The area was made as large as possible to include the parking, and possible transfer station (later deleted from agreement). Motion carried on al I aye rol I cal I vote. Councilman Martin stated he wished to make it clear that through the normal eourse of events as the project develops, Mr. Silverton and Mr. McMillan should 6xpect additional negotiations from the Council. He did not want these present dicussions known as the final negotiations. The Councilman added he would like to remind both bond counsel and financial adviser of a statement he made at the December 11, 1976 meeting that the addition to the original proposal of $4r0001000 on the agreement resulted in an increase of $78,000 in their fees. He thought they should consider a waiver of that $78r000 for two reasons. First, the amount of work involved is not a great deal more for the $410001000. Second, they are in ari adversary position'with respect to the additional amount as to whether it is a legitimate bargaining deal. He pointed out that the negotiations in the last two weeks regarding the first 30 years of the contract have resulfed in an increase of roughly $2r5001000 return to the City. Negotiations on the remaining 15 years have resulted in approximately $9r000,000 more. He emphasized that the condifions for the City and its taxpayers have been improved through the efforts of the Counci l. Councilman Amstrup asked that the entire Council be informed of happenings at private meetings on this Convention Center so that pertinent information may be avai lable to al I in advance of Counci I meetings. BURLINGAME AVENUE CHRI STI4AS DECORATIONS Mr. Harry Graham voiced appreciation of the Burlingame Avenue merchants for the cooperation of Council and City staff for insuring that Christmas decorations were instal led this year. City Council extended to all present the greetings of the Season. ADJ OURNMENT Meeting regularly adjourned at 9:30 P. M. Respectfu I ly submitted, E-*2** z/ z/'-cf €vetyn i). Hi I I City Cl erk I r