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.
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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
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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
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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
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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,
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