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Home My WebLink AboutMin - CC - 1975.12.01490 Burl i ngarne, Cal i f orn i a December I, 1975 CALL TO ORDER A regul ar meeti ng of the Burl i ngame Ci ty Counci I was date in the City Hall Council Chambers. The meeting order at 8:03 P.l.l . by I'layor Irving S.Amstrup. hel d on the above was cal I ed to Led by Gerald A. I'lordstrom, Chief ofPLEDGE t]F ALLEG IANCE TO THE FLAG: Pol i ce. ROLL CALL Counci I Counci I I,lembers i,lenrbers Present: Absent: Ams t ru p - C ro s by - Cu s i c k - H a rr i s on - 14a ng i n i i,lone ;IINUTES The mi nutes submi tted to of the regular meeting of November 17, 197 5, previously approved and adopted.the Ci ty Council were CITY, COM14EIIOATIOi,IS FLORA KN IGHT,TREASURER I'layor Amstrup announced that the person to be honored this evening has been a dedicated worker, a Ioyal employee and elected official, serving the city graciously in many capacities for a period spanning 4C years. I'1rs. Knight was invited to come forward to receive the City Counci I 's documented speci al commendati on a l so a commendati on from tne Ci ty i4anager i n behal f of al I the empl oyees. Both commendati ons expressed the sentiment "it is because of peopl e like you that Bur- lingame has become such a wonderful city in which to live." Mrs . Knight acknowl edged the expressions of good will voi ced by the t4ayor and Ci ty llanager. PRESENTATION 14ayor Amstrup announced that the scheduled presentation by Dr. Eliza- beth Foster, Ph.D. wi I1 not be heard. Dr. Foster adv i sed in a letter dated December l, 'l975, that her probiems in connection with the city's bus sys tem we re reso l ved in confe re n ce wi th the city's transit con-sultant. For the benefit of the audience, l'layor Amstrup explained that the San Mateo County Transit District is nor,, legal owner of the city's sys tem , complaints regardi ng operati ons are to be di rected to the transi t di stri ct board, PETITION TO KEEP TTIREE AOULT DOGS AT I333 CABRILLO AVEI'IUE (APPROVED) The peti ti on filed by Robi ne L. Lyhne , appl i cant, and Rbbert andShirley S. Lyhne:, co-applicants, dated Ju1 y 22,1975, recited as follolrs: "Under the provisions of Section 9.04,C60 of the Burlingame City Code, a permi t is requested provi di ng an except i on to Secti on 9.04.040 of tne Code , so as to allow the keeping of three adul t dogs at 1333 Cabrillo Avenue. The i ntenti on of the appl i cant is to add one adul t dog to the two spayed or neutered animals already in residence, making three dogsin all. AII three dogs are of moderate size," The City Attorney's memorandum of l,lovember'l 9, 1975, to the City advi sed lhat the petition is in line wi th Sect i on 9.04 .060 of the which provides that the City Council may al'l ow up to five dogs residence upon a petition containing signatures of a majority o residents within four hundred feet of the property; the permit revocable at any time by City Council upon its own motion or uppetition of a majority of the property owners within the four h f oot rad i us. Counci l code a adu ltinf is 0n In a dred In a memorandum reported it was dated December l, I975, to the 14ayor, the veri fi ed that persons signing the $ition City CIerk res i de wi th i n I 4e1 400 feet of 1333 Cabrillo Avenue and represent a majority of the adult residents within that 400 feet. Duri ng a peri od of Counci I discussion, Counc i I man )4angini indicated no objection to voting on the request but was interested in the reasons. ,,li ss Lyhne-responded, advising she had observed the animal at the humane socid,y, was aware it had been in and out over a period of three months to families who rejected him, that she felt a concern and attachment for hinr. Upon learning he r.,as to be put to sleep, she decided to take him. Cornmenting that the petitioner has satisfied code requirernents, Council- man Harrison moved approval of the permit. l'lotion seconded by Council- man Cusick, unanimously carri ed on rol I call. HEAR I IiG APPEAL OF FRED HARVEY AIRPORT MARI;.IA HOTEL (coilTrNUED) in a letter dated November 26, 1975, Fred Harvey, an Al'1FAC company, asked from Planning Commlssion denial of a by the City Council on December 'l be nleeti ng of llecember 15. There were C. JohnBon, vi ce president ofat the heari n g on the appeal gn permi t schedul ed for hearing stponed to the Ci ty Council objecti ons f rom the Ci ty Counci 1 . D. th si po no Hayor Amstrup called attention to the new arrangement, explaining it wai a fi rst in Burl i ngame. He stated there will be further refi nements with the idea that showing opposite each agenda item proper disposition' whether motion, referral, etc., will be informative to the citizens and expedi te City Counci I proceedi ngs. AGENDA FOR|{AT COI,Ii.IUNICATIONS 1. APPEAL HEARIitG SCHEi]ULED 3. }iENRY B. t.tILKINSON, I239 BERNAL AVENUE RE:PROPERTY AT I24I BERNAL In a letter dated November 24,1975, i'lr. I,lilkinson stated that the or{ner at I24l tsernal is in violation of the code, Chapter 25.70 "0ff- Street Parkin9," for the reason there is neither garage nor carport on the l ot. i4r. l.li lkinson ci ted Sections 25.70.010 "Automobi l e Parking Spaces to be Provided" and 25,70.030 "Requirements for Particular Uses.'' tinder date of November 14, 1975, Marshall Threefoot' Agent for Anna 1/.Ross' I 169 Broadway, Burl i ngame , requested a heari ng before the Ci ty Counci I on Beautification Commission denial of a permit to remove a Eucalyptus from the property at I207 Paloma Avenue. t'layor Amstrup announced the appeal wiil ue heard at the Council meeting on December l5' I975. 2. APPEAL HEARING SCHEDULED The appeal of Richard S. Bullis, communication of November 26,1975 to the City Council, from Planning Commission decision regarding,signs on the property at 100 Cal i forni a Dri ve was acknowledged. A publ i c hearing before the Counci I was schedul ed for December I 5 , 1975 ' 14ayor Amstr munication di rected to report. ,.lay o r Amstrup researched. up wi m reported to the City Council he had discussed the com- th s taff and that it was his recommendati on that staff be ake a thorough i nves ti gati o n and furnish Counci I a detailed i1r. l.lilkinson asked to be heard. Accorded the privi lege he repeated the charge of illegality in the property at I Stating he had been informed by city staff that a garage on that property, he asked the reason this homeowner can from the law whereas all other homeowners must have a gar taxes on it as part of the improvements on the property. of 24 is be ag 1 e the fl oor, Bernal.not requi red exempted and pay wi1l behis claim,2 i nformed 14r. l,li I ki nson that the matter s determi ned the re is justification inagalnIf it i 492 Fo re s taff wi'l 1 pursue it, The City Attorney pointed out that i,lr. l,Iilkinson can go to the courtsif he does not agree vli th the city's final resol uti on. i4ayor Amstrup referred to a second agenda item concerning 11r. t^lilkinsonrs complaint about plantings on his neighbor's property at l24l Bernal . The ilayor informed 14r. !.lilkinson that Leslie S, Mayne, licensed pro- fessional forester, visited the property with the city's park director.It was iUr, 14ayne's conclusion that the row of "woody plants" can only be consi dered as trees and the fact the seven"trees are in a row doesnot di squal i fy them as bei ng i n the tree category. (Letter from Leslie S. I,layie dated I'lovember 19, .l975, addressed to City l'lanager. ) I I ow i I i ef ng further discussion, I'1r. l,lilkinson indicated he through the courts. wil I seek 4. EXPIRATION OF TERMS CIVIL SERVICE COIlI4ISSIONERS In a Ietter dated i,lovember 18, I975, to the City !lanager, the City reported that the terms of t{al ter A. Hower and Arch i e L. 0ffield wi expire December I, 1975, i,layor Amstrup requested the City l"lanager determine if there is interest in reappointment. 5. GENERAL MUNICIPAL ELECTION - MARCH 2, 1976 Under date of iiovember 25, 1975, the City Clerk advised Iegislation enacted in 1974 grants local agencies authority to (a) Increase wordIimit of candidate statement of qualifications from 200 to 400 words,(b) Permit preparation of supplemental material by candidate to be sent to each voter in addition to statement of qualifications and sample bal I ot, and (c) Pay for qual i fi cati ons statement or bil I candi date. The City CIerk recommended that the City of Burlingame adopt the samepolicy adopted in I975 by local school district boards and special dis- trict boards, with few exceptions, to remain with 200 words, disallow supplemental material and continue with precedent that cost of prepa- ration and mailing be borne by candidate. The Clerk advised that thispolicy has been approved by the Board of Supervisors for county offices. Ilayor Amstrup considered 200 words ample for the statement and recom- mended continuing the po'l icy of requiring candidates to pay a pro rata share of pri nti ng and mailing costs. ClerkII to Councilman Harrison agreed with the llayor with respect to pro rating costs but felt the statement shoul d be i ncreased to 400 words thus presenting the opportunity for more background information. This could be helpful to both candi date and voter. He poi nted out the 400 limitis not mandatory; anyone wishing to observe 200 can do so. Councilman Cusick commented the limit rvas 150 in 1972. In response to her query concerning date of the increase, the City Attorney erp!ainedthat i nformati on was not readi ly available, but he was aware that the current limit is 2 00. Counci lman Cusick expressed con cern that the electorate may not take the time to read all of the material if 400 is al'l owed and there are several candidates. Commenting it would appear to be more important that the statements be concise and read, she chose to conti nue wi th 200. Counci lman Crosby agreed wi th Councilman Harri son that the fi nal deci s i on rests with the candidate. Because the maximum may be increased to 400 words, it does not necessarily follow that the candidate must meet that maximum. He stated this has always been his position. He pointed out, too, that sometimes there is a tendency to pad in a longer statement, but,ianyone wanting to write 400 words should be allowed to do so. He stated he was curious as to why the 0ffice of the City Clerk would recommend the 200 limit. Councilman Mangini expressed d pre,ference for adopting the recommendations of the City C1erk. candi date' s qual i f i cati ons J Counci lman Harri son moved to i ncrease to 400 words 49:] statement and accept City Clerk's recommendati and "c." Motion fai led for I ack of a second. Councilman 14angini's motion to accept City Clerk's recommendation in itsentirety, i.e., remai n wi th 200 word Iimitation-candidate statement ofqualifications, disaTlciw preparation of supplemental material by candidate to be sent to each voter in addition to statement of qualifications and sample bal I ot, and candi dates to be billed for qual ifications statement.llotion seconded by Counci Iman Cusick, decl ared carri ed on fol I owi ng rol l cal l : Ayes: Counci I i'lembers:lioes: Counci I l,lembers: Absent: Counci I i'lembers : PLANNING COI'lI,IISSION RESOLUTION NO. OF THEATERS AS A PERHITTED USE IN Ams trup-Cros by-C u s i ck -l'lang i n i Harri son ( for reasons given) llone I7-75 RECOHMENDING AGAINST REIIOVAL C-I AND C.2 ZONES Under date of llovember 25, 1975, the City Planner forwarded the above document to the City CounciI with the explanation that the Planning Com- mission adopted the resolution following a public hearing and that, in summary, the resol ution recommends to the Ci ty Counci I that a permanent ordinance removing theaters from permitted uses in C-1 and C-2 zones not be adopted. i{ayor Amstrup reported he was informed by staff this is of the Planning Commission proposed that the Counci I s wi lI prohi bi t theaters in C Councilman Harri son expressed accord mendation that theaters be permi tted use requiring a special permit. tlayor Amstrup requested the City Attorneyfor revi ew at the Decembe r study meeti ng req u i red noti ce for a public heari ng to b on December 15, I975. wi th Planning Commission recom-in C-l and C-2 zones as a conditional reqeri-l uiring a deci sion by the ously cons i de r permanent and C-2 Di s tri cts for the a recommendationCity Counci l. Heiegislation that reasons di scussed ordi nance publish meeting by the Counci I on pri or occasions. Councilman Cros by suggested the subject be discussed at the December 3 study meeting. In response to i'layor Amstrup, staff advised that the interim ordinance expires January 3, 1976. The City Attorney advised there can be an agenda i tem for the regul ar meeti ng on December l5 extend i ng the oidi nance for an addi tional period if that is the Councl I 's wish. to prepare a form of and the Ci ty Cl erk to e hel d at the regular 7 PLANNING COI'I14 ISSION RESOLUTION NO. GUIDELIi.IES AND RECIEl.l CRITiR,IA FOR APPLICATIONS. I 6-75- RECOMI.lENDING ADOPTION EVALUATION OF CONDO14INIUM OF PERI'IIT iJnder date of ilovember 25,1975, the City Planner forwarded Planning Com- mission resol uti on noted above. The communi cation advi sed th at the Conmission recommends the review criteria be accepted, approved and utilized by the city i.n the process of granting condominium permits. Councilman llangini's motion to support the position of the Planning Com- mission was seconded by Councilman Harrison, all aye voice vote. 8. I5'I O iIEl,lLANDS AVENUE A communication dated November 14, 1975, from the City Attorney to the City Councii concerned an amortization schedule for the above property irnpioved with an apartment complex of six units in the main building and oni: uni t at the rear of the l ot, all in an R-l zone. The schedu le out- lined by the City Attorney contempJuly I, I976, the remaining units commenci ng approximately January I be down to a single uni t on the R- I at el i,lit ed removal of the separate unit by mi nated at i nterval s of two years 976, in ten years the property toot. The Attorney advi sed f urther this appears to be a good compromise since there could be problems proving when the illeqal work occurred. Additionally, Iitigation co,u1d 494 cause a delay ofthe stipul ation.for filing with the sti pul ation. Councilman Cusi ck askedr once the stipulation is accompl i shed, what assurance is there that the city will not again become involved in a court action? The c.i ty Attorney explained this is a stipulated judgment, a matter of public recbrd that will be noted by title companies in a title search. Councilman Cusick thought amortization at two-year i nterval s too I ong for an illegal bui I di ng. She suggested six months 0r 0ne year. several years when amortization can be started now by He repoited appropri ate documents wi I I be prepared the Court unless the City Council has some objection to cal l ed that the Ci ty Counci l di rected the Ci ty eting several monthi ago to negotiate amortiza- resti of the city. This apparently has been done. Attorney aierted the Council, if amortization were city would be involved in Iitigation continuing o n re dy me over a peri od of years. Councilman Harrison's motion authorizing the City accordance with his letter of I'lovember 'l4, 1975, Councilman Crosby, decl ared carri ed on rol I call: Counci I man Harri s Attorney at a stuti on in the bests Furthermore, thenot pursued, that RESOLUTION IIO.83.75 was i ntroduced by Cou n by Counci lman Crosby, Atto rney to was seconded "Sustaining Deni a l 0f Vari ance - John F ci Iman l"langi ni , who moved i ts adoption, carr i ed unanimously on rol I cal l. i n te City the proceed i n by Ayes: Counci I Members: Amstrup-Crosby-Harri son-l'langi ni lioes; Council l,lembers: Cusick (for reasons given) Absent: Counci I i4embers : None RESOLUT IONS I . Under date of ilovember 19, I975, the Ci ty Attorney transmi tted of resolution to be adopted by the City Council formalizing its decision on l{ovember I7, 1975, denying appeal of John F. Devine Planning Commission which denied him a variance. a fo rm from Devine'' second 2. SPECIAL ELECTIOiI - APPOINTMEI.IT OF CITY CLERK AND TREASURER Councilman Cusick asked will there be added cost to the city because of the special election? The City Attorney explained the special election will be consol i dated wi th the general municipal el ection; additional costs will be minimal. James ilcLaughlin, City C1erk, City of Belmont, requested permission to address the City Council. Upon acknovrledgment by llayor Amstrup,ilr. t'lcLaughlin explained he appeared before the Council as a member and d i rector of the 0alifornia Sta te Asscci ation of Loca I El ected 0fficials and at the request of the president of the As soc i ati on. Mr. t4cLaughl in adv i sed tha t the Associ ati on is compri sed of nume rou s non-legislative elected o f f i c i a l s - - c o u n ty ahd ci ty cl erks, recorders, treasurers, tax co lI ectors, circuit court j udges and others. The Associ ati on doe s not attempt to meddle in city and county affairs other than taking the opportunity to awaken the people to their responsibility of retaining elective non-legislative publ i c officials. He stated there has been a tendency for the past ten to twelve years to attempt to decrease the number of non-legislative el ected posi ti ons. He stressed that a city's records and a city's funds are that c'ity's treasures. Retaining these functi ons in el ected offi ci al s is part of the checks and balancesof good government. Tendency toward central i zed governnent i sjustified by its proponents with arguments of greater efficiency, but experi ence has proved that gove rnme n t be comes less efficient when it grows I arger. He menti oned that where ci ty cl erk and ci ty treasurerpositions become appointive responsibility for the functions fallswithin the jurisdiction of a city manager. He pointed out, if the two posi ti ons become appoi nti ve in the Ci ty of Burl i ngame, there wilI be a ci ty manager i n charge of personnel , purchasi ng , accounti ng, record keep i ng and the city's funds. ilr. i4cLaughlin reported that March Fong Eu, Secretary of State, at a_ .[95 recent meeting of California State Association of Local Elected 0fficialsstated she had come "ful l circle" in her thinking regarding appointive vs.elective rep re sen tat i on in i mportant non-legislative governme nt offi ces. She made the statement there is no substitute for the ul timateaccountability of an elected offi ci al . Mr. l{cLaughlin reminded that the two positions have been elective in the City of Burlingame for many pars. The government code lists the many duties for which a city clerk isresponsible. The du ti es of arrangi ng for and supervising electionsand processi ng annexat i on peti tions are not administrative, nor arc they some th i ng that can be done on a part-ti me basi s. He recal I ed that the peop le of Burl i ngame defeated an initiative four to fi ve years ago to make the clerk and the treasurer appoi nti ve by a marg i n of two to one, He suggested that the City of Burlingame follow the lead of the City of San Sruno, In similar ci rcumstances, San Bru no dec i ded not to ask the pe op 1e to give up a little part of thei r freedom and democraticright to elect tr,ro officials who are responsible for the records and funds of the city. Counci I discussion fol I owed. Counci lman Cusick fel t strongly that maki ng the positions appointive vtil I undoubtedly resuit in two more full-time employees at triple the costsof what is required presently for an elected clerk and treasurer responsible to the peopl e. She mai ntai ned that responsibil ity of keeping the accounts and re cord s shoul d be with peop I e di rectly responsi bl e to the electorate thereby maintaining a system of checks and balances on the city council and the city manager. She felt some concern also aboutplacing the proposition on the ballot in I,larch when, on that same ballot, the electorate will be voting for a city clerk and a city treasurer. Under the circumstances, it is conceivable that qualified peopl e will be d i scouraged from seek i ng e i ther offi ce . Perhaps the better approach would be to present the measure in an off year. i.layor Amstrup stated he has had second thoughts about the measure and suggested the City Council might wish to reconsider. He raised the question of reducing the salary of the two offices; admittedly, $300 monthiy is not a I arge amount, but the position is part-time and has beenfor years. He asked the City Council to retain the offices as elective and reduce the sti pend, thus discouraging candldates who woul d be attracted by the sa lary. He poi nted out that counci I members recei ve 5150 monthly, clerk and treasurer salaries should be commensurate. Councilman llarrison concurred with i'lr. ilcLaughlin in terms of checks ^maki ng for good government. As a teacher of American Ettempted to stress the i mportance of e lecti ng qual ified n-legislative offi ces . The democrati c proce s s prov i de s for f checks and bal ances. However, as a political scientist,osition that non-l egi s lati ve of f icial s must be responsible counci l, i mp I ementi ng pol i cy as directed by the legislative er the city clerk nor the city treasurer determine policy eir own offi ces. Conti nui ng, Counci lman Harri son statedrs ago the Ci ty Counci I unanimously supported a simi I ar o make the two offi ces appoi nti ve. At that time, there was concern for the incumbents who had held their respective many years . He questioned tlhether that concern continues. ager has i nformed the Ci ty Counci I that the two i ncumbents seek re-election but to retire. ' It would appear that I issue would not be as prevalent now as six years ago. support of the resol ution. Councilman Cusick stated that everyone is aware that running for office can be costly. If the propos i ti on is on the bal I ot in l{arch ' someone cou ld spend i great deal of money campaigning and lose out because the el ectorate deci ded to ma ke the offi ces appoi nti ve. Agai n, she recom- mended postponi ng the el ecti on on the proposition to an off year when cl erk and treasurer are not on the bal I ot. anci balance 3overnment, peopl e to n the systemit was histo the citybody. iiei t except in t tha t six ye resol uti onjustifiable off ices for The City tla pl an not tothe emotion He decl ared t o 0 p h h at n a Councilman l.langini favored introduction of Ci ty Counci 1 by vote can deci de whether or be fo re the voters. the resolution so that the not to put the measure (. i.layor Amstrup expl ai ned that hi s concern for effi ci ent government resul ted from his training field, whi ch was in ci ty management. He staEd that, after del i berati ng the overa l I effect of the measure, he decided that making the two offices appointive would result in too much authority in one person, that person would have more power than an individual shoul d. Counci lman Crosby stated he was i nvo lved when the meas ure was advancedsix years ago. At that time, as mentioned by Councilman Harrison,. there was an emotional situationi there were two employees who had served the city long and faithfully. Had the measure been brought to thefront on othilr than a personality basis, the outcome might have beendifferent. Referring to information received from the City llanager concerni ng the j ncumbents' i ntent of reti ri ng from offi ce , Counc man Crosby expressed the opinion it is democracy to give the peo the opportuni ty of maki ng thei r wi shes known. He stated, too, t he had no qualms abou t putti ng bo much power in one man I if the individual fails to perform, the City Council has the authority of di smi ssal . The question of hiring additional employees if the two positions become appoi nti ve was ra i sed. Counci Iman Harri son suggested the could be handled "in house. " l'layor Amstrup thought not without personnel. il- pl e hat dut{es added RES0LUTI0N N0. 84-75 "Cal l i n g Special El ecti on 0n The Appoi ntment Said Speci al0f The Ci ty- Cl erk An d Treasurer And Consol idati ng Election l,li th The General 14unicipal EIection" was introduced by Council- man Harrison, who moved its adoption, second by Councilman Mangini, decl ared carri ed on fol I owi ng rol l cal I : Ayes: Council Iqembers: .Crosby-Harrison-l"langiniliiles: Counci l Members: Amstrirp-Cusick* (foi reasons stated) Absent: Counci I I'lembers: None tounci lman Cusick preferred an off year election. I'1r. McLaughl i n commented the Ci ty Counci I is gi vi ng the peopl e, a three to two vote, an opportunity to restate their opinion. record, i,lr, 14cLaughlin advised that, in order to protect the pe by For the opl e's ri ght to elect publ i c offi cers , California State Association of Local Elected 0fficials will do everything possible to vrork with any individual or committee in the City of Burlingame working to defeat the measure. ;"1ayor Amstrup asked about procedu re s for changi ng the s ti pend for, two offices, The City Attorney advised an amendment to the code w presented for the Counci I 's consideration at the next regul ar mee t theiII i ng Councilman Harrison asked wil I the stipend be commensurate with 0it"y eouncil salaries? The City Attorney advised that fixing of salaries lies strictiy with the City Council, and the ordinance will be written to so provide. 3. RES0LUTI0i'l N0. B5-75 "Resolution 0f Governing Body 0f The City 0f Cl erk 0f San l'4ateo County Pursuant To Section 22003 be To Render0f The Elections Councilman Crosby, Burl ngame Request r ng County i'lachines" was i ntroduced by who moved its adoption, second by Councilman ilangini, unanimously car- ri ed on rol I call. 4. SAFER ROADS TRAFFIC SAFETY Ii'lPROVEIlENT GRANT Communi cati ons f rom the Ci ty Engi neer to Ci ty i'lanager and Ci ty I'lanager to City Council, November 25 and ?6, 1975, respectively, concerned grants whereby the City of Burlingame is eligible for $18,000 with gas iax matching of 52100 from city funds under a Federal traffic safety program. []ecause the traffi c i mprovemen ts will contri bute to safer road s 'both City i'lanager and City Engineer recommended execution of the neces- sary agreement. Speci fi ed Election Servi ces Code And To Furni sh Voting RES0LUTI0N N0. 86-75 "Authorizing Executioniid-I mproveme n t Pro]ects "was i ntroduced by 0f Agreement For Federal - Councilman Cusi ck, who moved unanimously carri ed on rol l 7 I itlladoption, second by Cotr-nci lman Harrison, {e7 f,REV ISED T0tJi'l 0 F SANITARY SEl,IERAGE I,IAINTENANCE AND OPERATION AGREEHENT l.lITH HILLSBOROUGH In a memorandum to the Ci ty Counci I dated i',lovember 25, 1975, the Ci ty ilanager reported that he and the City Engineer have negotiated an agreernent whereby Hillsborough will pay its pro-rata share of the main- tenance of 7.35 miles of sewer truak lines used in carrying its sewerage. He recommended the agreement be authori zed for execution effective January I, 1976. RES0LUTI0N N0. 87 -75 "Sani tary Sewer l'1ai ntenance And was i ntroduced by Counc jlman Harri son, who moved its Counci lman llangi ni , unanimously carri ed on rol I cal I . RESOLUTION NO. 8B-75 o,l,raS n r0 "Accepti ng Fi re Station uced by Counci I man Crosby, 0perati on Agreement" adopti on, second by i,lo. I Resurf aci ng, who moved its adoption, on rol I call. 6. Job second by Councilman Harrison, unanimously carried ORDINANCES Second readi nq: ,I . Ei,iCROACH14ENT PERMIT PROCEJURES ilayor Amstrup explained, fr the benefit of the audience, that all eniroachment permits in the past came to the City Council for processing. Recently, the decision was made to allocate primary responsibility to the City Engineer, the City Council to retain authority of final review. If-the City.Council does not challenge the Engineer's decision, that deci sion !., i l l stand. Decl ari ng the heari ng open corxments from the fl oor. cl osed, JRDINANCE il0. I C53 on the second reading, l4ayor Amstrup invited There were none. The heari ng was dec l ared Chapter 12.10 To The Burlingame l'lunicipal 0f Encroachment Permits" was given its f Counci lman Cusick, second by Council - passed its second readi ng and was unani- "Addi ng Issuance motion o 0rdinanceoll call. Code To Provide For second readi ng. 0n man Harri son, said mously adopted on r 2, SKATESOARDS BAN r"layor Amstrup announced that an ordinance was prepared at the request of Ccuncilman Harrison restricting use of skateboards in commercial areas. uecl ari ng the heari ng open on the second readi ng of the ordi nance, ,4ayor Amstrup i nvi ted comments from the fl oor i n favor. Stephanie Robinson, resident of Burlingame, explained she resented being forced to maneuver her car a rou nd juveniles on skateboards when driving in the commercial areas. She related incidents where skateboard riders have fallen agai nst her car and in front of the car; fortunate ly, bo.th tirnes she was-stopped or about to stop at an arterial sign. Admitting that skateboards are fun , she contended they have their pl ace but not in a busy shoppi ng area. 14ichael iiorton, 635 Barbara l,{ay, Hillsborough' stated he did not ride a skateboard but rode a bicycle in the street' If skateboards are forb i dden on sidewal ks, they wi lI be u sed on the streets. i'l ick i'loore, 735 Eucalyptus Avenue, Hil lsborough' maintained that the ordi nance ian only be- affecti ve if Burl i ngame Avenue becomes a mal I where skateboard advocates can ri de and not create a publ i c nui sance. Davi d Espi nosa, I 283 Cal i forni a Dri ve, asked for cl ari fi cati on of the restri cti ons. The Ci ty Attorney read from the ord i nance as fol I ows : "Use of skateboards, coasters and simi I ar devi ces restri cted: No person shal I at any time ri de on or opera te a coaster ' s kateboard or iimilar device on ihe sidewalk or street, or on any public or privately owned parking lot, in any retail commercJal district of the City." The Attorney explained the restriction wili apply to Burl ingame Avenue 498 Broadway and the Pl aza. l.li ss Simpso ordinance w the 1aw pro menti oned t suggested tthat si 9ns may not be pub li ci zed, i,ls. Robinson recounted incidents involving young boys riding skateboards in dangerous situations--in the dividilng Iine on Skyline Boulevard' downhi I I on Trousdale and out of dri veways on Ri vera Dri ve into the street. -,' There were no further comments. The heari ng was closed. n,iI hi b hat he Bur'l i ngame High Schoo l student, s tated passage of the not siop the skateboards unl ess there is enforcement; iting bi cycl es on the si dewal k is not enforced, She Couicilmin Harrison, in American Government class, meter mai ds may be responsi ble for enforcement. Advi si ng posted in Palo Alto i d e n t i fy i n g . a r e a s where bigycles dbn, sne asked how the skateboard ordinance will be w vrill the young people be made aware of the prohibition? a rerid ho ounci lman Harri son ex pl_n Ihe snoppr ng areas. n kateboards was di scusse dop ted an emergency ord reas, i ncl udi ng Darki he general heal th, we nforcement, not onlyicycles. As far as pu I if,E*tft, EEqufit t"dh&Ftr 9"gd by thi s Ci ty Counci I , th i nance prohibi ti ng skatebo I ots. Because the ordi nare and safety of the peop this ordi nance but the or licity, this might be hand school s in Burl i ngame and about cl assroom discussio on the ordinance. The Cit t8F't n I'p PoE f[5o31ra Ci ty of San 14ateo rds in commercial ce is proposed f ore, there must be i nance concerni ng ed through e1e- Hi l l sborough. , he asked the City Attorney responded 'I s a t b m R A + ng I f a of e a n 1 d I n v entary ef erri n ttorney i ntermedi atthe commen he can vote andgtoif b t certainly." Counci I man Crosby supported the pos ted on the Avenue similar to Rel ati ng a personal experi ence narrowly mi s sed by a skateboard coul d be seriously i nj ured. Burl i ngame l"lunicipal readi ng. 0n motion o sai d 0rdi nance passed rol I cai I . RECONVEiiE: ordi nance. He asked if signs those in Palo Alto, whi ch he on Burlingame Avenue where he ri der, he poi nted out th at a can be has seen. was pedestrian The City i,lanager reported that signs vrill be installed soon concerning bi cycl es and skateboards on the Avenue . Councilman Crosby asked the Chief of Police to comment on problems of enforcement. The latter explained offenders, usually, are juveniles. There is a court of their peers where they are heard and judged guilty or i nnocent. He poi nted out it takes a few mi nutes to wri te a ci tati on and, from Police Department s tandpo i nt, there is a moral e f actor involved in an officer writing a citation to be handed to a crying child. The Chief advised that the Department is contemplating assigning foot people to the shopping areas during the Christmas shoppi n9 season; hopefu I I y, through si gns and patrol , some of the probl ems can be control led. ORDINANCE i'IO, 'I 054:"An 0rdinance Addi ng Chapter I3.54 To The Code Concerni ng Skateboards " was gi ven its secondf Counci I man Harri son, second by Counci l man ilanginiits second read i ng and was unanimously adopted on Fol I owi ng a recess cal I ed at 9 :20 P.1,1 the meeti ng was aecon!,erred at 9 :25 P,l,l . by l.layor Amstrup. ORDINANCES ( second read i ng ) ( cont. ) 3, SANDBLASTING i"layor Amstrup announced the City Counci l is considering legislation thatwill limit the use of sandbl ast i ng. Decl ari ng the heaii ng open onthe second reading of the ordinance, he invited comments from the floor. Thomas I.l. Sine, construction estifiator, chairman of the Burlingame Pl anni ng Commi ss i on , and parti ci pant i n drafti ng the ordi nance , i nformedthe City Council this legislation is badly needed as anyone wiIl agree who has been exposed to the side effects of dry sandblasting. o/ ,199 There were no further comments. The hearing was declared closed, ORI]IIIANCE NO. I O550ther Slmi I ar Types read i ng. 0n motionsaid 0rdi nance passe rol I call. "Addi ng Chapter'l 8.10 Control l i ng Sandblasting And0f Exteri or Bui I di ng Cl eani ng " was given its iecondof Councilman i'1angini, second by Councilman Crosby,d its second readi ng and was unanimously adopted on URGENCY ORDII,IANCE The City Attorney parki ng ordinances area that needs tometered s tre e ts , ORDIi,IANCE NO. IO56 Z ones And Fees " was second by informed the City Councii he has been reviewingfor the purpose of moderni zing and di scovered-be updated at once to specify by ordinance all uAn U rge ncy 0rdi nance Establ i shi ng i ntroduced by Counci I man Harri son ,Counci 1ma n Cro s by. the one Parking I,1e te r who moved itsadoption, In responsefloor.to the Chair's inquiry, there were no comments from the councilman cusick asked if-parking lots are include_d. The Attorneyadvised the ordinance regulites jist on-street par[]ng. The 0rdi nance t{as adopted u nan i mous Iy on rol I call. l. 0RDI,,lANCE,i0. 1057 ,,Amending Chapter ;4 u n i c ip-a-I-T oTe T6-rrc? rn i n g He r i t i g e i i"e e s,,readi ng by Councilman Cusick. ORl) I NANCE - Introducti on CONSENT CALENDAR I. PARCEL I4APS .l'l.06 0f Title ll 0f The!ras i ntroduced for first Pri or to i ntroduction, counci Iman cusi ck requ e s ted a change in theI lllglls3 9r se91t0n.il.06..060,_pasg :, sentence u.ginning-,,prunins.?I Insert before "Pruning,, ,,l.lormal',; in same sentence delet; ,,in thev oplnt0n of the park Director,,. She explained that there may bemany more Heritage Trees in the future and people will not want toLre forced i nto a posi tion of obtaining a peimi t nor be subject tosupervision by the cily-in.doing routine irrun.i"g.- r[" douncil hadno objections to the deletions. - RECO14I'lENDED BY PLANNING c0r.fl'l IssI0N Under date of November 25,1975, the City Engineer forwarded tocity :\anager for transmitIal to'the city-couicti il,e-rJiioning, no cond{tions. of Lot l, Bl ock Company, no condi tions. the Vote: 5-0, 2, rlills .|., Tentative Parcel i4ap, bei nq a resubd q_ portion of l0 and 13, Bi ock g, AurtinqFloribunda Avenue and 537/41 ltmer noaJiBonita K. Schafer, o!/ners. il icolaides 6 ivision of Lots ll and I ame Land Company ( I 5l 3/ l. Pri nci pai s : i4edmac , Son , Inc,, applicant. 9::l"l::..^!]u!lilg commission approved map on condition that parcetr rne DeIween DroDerty designated ],ledmac Inc., and property designatedParcel 2 be d;lelea io create a singre parcer and necessary demoritionto be accomprished to meet zonins ana uiiirJi.s-.iJo;;i.'-vol[,'s-0. 2. Tentative Parcel M1p.,.ge!ng a resubd.lvision of Lots Ia and 2,!l9cr.3l, Lyon & Hoag sir5oivision, soois04 peninsuri-ivenuel'rrrnclpats: Robert J. & Sylvia W. pisani. Comment: Planning Commission approved with l. Final Parcel ilap, being a resubdlvisionLstate ;lo. I , I766 El Camino Real.Pri nci pal s: Paci fi c Standard Life Insurance Comment: Planning Commission approved with 2 and 5/17 Inc. , Vote: 5-0. ) 500 In response to a series of questions from Councilman Cusick to staff' it was established that the Planning Commission decided a variance vras not required in the Schaefer/lledmac matter and dropped the variance applicatiori , that porti ons of Lots l0 and l3 exc luded from the Parcel 14i'p are l ega1 Iots, that parki ng requi red for the medi ca l center when th; initial permit was granted 6y the City will not be adversely affected by the Parcel llap. un motion of counc.i lman crosby, second by councilman l4angini unani- mously carni ed on roll call, the three maps-llere approved' I.Ihere ippiituui., condi tions impoied by-Pl anning Commission_were.sustained, ahb ffSOf-UfI0N i,I0. Bg-75 "Accepting Grani Deed From Pacific Standard Li f e Insurance STAFF REPORTS Company dated 0ctober ?0, 1975 " adoPted. I . CITY ATT0Ri,IEY: CABLE CAR t^IASH In a communicationit appears the Cit bri ng the noi se to owners; also, the 9 :0C A.l'1 . to 9 : 0C dated llovenber 25, I975, the Ci ty Attorney reported v will be abl e to obtai n structural modification to'a reasonable level through coope rat i on of the new o||Jners were remi nded that hours of operati on are P.i,t. ?. CITY PLAitNER:AIRPORT IIOISE ABATEMEI,IT Counci lman Cus i ck the iiorth CountY favor of al lowing at SF0. The report dated I'lovember 19, l975,,concerned a meeting convened on HovemUbr I8 by the.ity ranag.r of South San Francisco attended by manaqers and pl anners i"epresEnti ng Foster Ci ty, Bri sbane , .Burl i ngame "i;;;t-!;'-i.uIiillo,-oui! citv, r'lillbrae, San Bruno.ca'lled ror the iriiii.l-ijr ;;hie;it'ri ^oli" ati6ntuation and improved safetv from aircraft. Forthebenefitoftheaudience'MayorAmstrupannouncedthatnojsier;i;r;;-.;; ueing pr,ui.a-oui-oi-[ot-lng.tes International Airport at -'1 2oi p". v.u". inlre-may be a-move to-transfer the planes from I Los Angeles to San r.intiico Internationii-nirport.' He recommended -.li;; Cit;'iornitr tarL-a-iIiong.tuno in opposition to such diversion' There was total agreement by the City Council ' asked if the San i'lateo County Council of 14ayors corriif of Ci ties might be approached- to decl are-oniy ptanes that meet FIA noise regulations to and in I and I,lavor Amstrup poi nted out that phase abirut fi ve ybais . It behooves I ocal assure the il anes are not transferred ilangini advi sed he will ask the Ai rport Land Use ,.6ting to support Federal Aviation Regulations ^;i;;- ind tha['this Counci l's position vrill be out will extend over ajurisdictions to be on here. PLAII FOR FY c0:4:1I SS I0'il peri od of guard to Commission- part 36 made known 1975-76 Counci I tnan at its next concerningto ALUC. 3. TRANSPORTATIOi.I SUB14ITTED TO OFFICER: REVISED FINANCIAL ITETROPOL ITAN TRANSPr]RTATION Under date of November 25, 1975, the City 14anager ;;;;;t;;;a.nce from llavne I'1 . Swan , Transportati on ;;;;;;;i;s-Lirry-forwaid or unexpended runds and cap i tal imProvements. forwarde d coPies of 0ff i cer, to l'!TC red i s tri bu ti on f or In a I etter dated November l7' I975' to 14r. Swan expl ai ned that redi stri buti on Capital was requested in FY 1975'76 to Reoortinq to the City Council, ilr' Swan coLntv Tians i t Jistrict has deci ded to attem-pti ng to obtai n i nformati on on ava ih;-Jistrict wants to buy all of the sh 14r. Nathanie1 Gage of iiTC' of 56500 from 0Perati ons to obtai n two bus shel ters ' advised that the San l'1ateo urchase shel ters and is Iability of fi nanci ng. 'I ters at the same tlme. p 1 e 500. I Duri ng a peri od of discussion, Counci I agreed to purchase of six shelters if they can be financed, ti{o at the Plaza' one at Broadway' one at, each of the Southern Pacific depots, sixth to be sited whe re needed. UllF LlISHED BUSII'{ESS BAIL SCHEDULES F0R PARKING VI0LATI0NS: Acknowledgment was made of a communication dated November 20' I975 from l^,ilbur R. Johnson, Chairman, i4unicipal Coutt Judges, San 14ateo County, advising that bai l schedule ' adopted in Septembei was suspinded until February I' 1976 by resolution of the ilunicipal Court Judges. All municipalities and the county were requested to iromptly forward their individual requests for parking bails to the pres'i di ng iudge of thei r Judicial di stri ct. l.Ihere con - sidered reasonable and appropriate, a new bail schedule will be adopted refl ecti ng the I ocal opti on. :layo r Amstrup recaldrive to have the b tha t the ci ty counc ci ti zens not pay mo ACKi.IOt,lLEUGi'lENTS Communications I ed ai lil re that the Ci ty of Burl i ngame spearheaded the reduced to pre-september I eve l , He suggested i nform the Court that Bur'l i ngame preferred i ts than $2.00 on an overtime park i n9 violation. A motion by Councilman Harrison to advise the Court that the City of Burlingame desires bail to remain as it was in the immediate past was seconded by Counci lman t{angi ni , al I aye voi ce vote. l4ayor Amstrup asked the City Manager or City Attorney to so inform the Court. Counci lman Crosby menti oned there was di scussi on at the Counci I of i"layors meeting concerning distrlbution of fine money' :layor Amstrup expl ai ned there has been di spari ty for years i n cati on of bai l monies to the ci ti es. Burl ingame recei ves 62%, percentages vary from ci ty to ci ty. He advi sed that the Ci ty of Redwood City, James Fales, Jr., leads a task force charged investigation of the present system and he has been invited to speak at the County Counci I of 14ayors' January meeti ng. I a 2 s 3 . Herbert H. Lauder, 9l 5 Hovtard Avenue, supporti ng tenni s compl ex t Bayside Park in section of present dump site.-_City lilanager to respond. , Pininsula Commute & Transit Committee, Palo AIto, submitting uggestions for improving communi ty transit access. . Bay Area Sewage Services Agency requesting support of HR 9560 Federal l,later Pollution Control Act Amendments of 1975.''. Keith C. Sorenson, District Attorney County of San Mateo, concerning Radar Enforcement of Speed Limi ts. " l'1ayor Amstrup requested thi s be eferred to Counci I study meeti nq.. City Attorney commenis on fiial settlement of water meter 'litigation. . Announcement of Ci vi c Arts Counci I show of Al fred i4aki works at ool i dge Commun i ty Center.. Paik Director- proposed improvements in northeast sector l,lashington Park . League of Ca li forni a Ci ti es announcement Labor Re lati ons Insti tute. . City Planner report of Planning Commission meeting November 24,1975. 0. l,linutes: Beautification Commission, November 6, Planning November I0' raffic, Safety, Parking, November'l 3, I975. al I o- Yanager wi th 4 r 5 6 ) 9 I T ADJ0URNiqENT 14eeting regularly adjourned at 9:55 P.M Respectf ul ly submi tted, HERBERT K. hl}IITE, CITY CLERK Q7,/By De uty ty er /.<.,,