HomeMy WebLinkAboutMin - CC - 1976.03.1563
Burl i ngame , Cal i forn i a
March 15, 1976
CALL TO ORDER
Burl i ngame Ci ty Counci 1 was
unci I Chambers . The meeti ngyor Vi ctor A. l,langini.
1l- PLEuGE 0F ALLEGIANCE T0 THE FLAG: Led by Wayne M. Swan, City Planner.
ROLL CALL
A regul ar meeti ng o
date in the City Ha
order at B: 05 P. M.
f thell Co
by Ma
hel d
was
Amstrup-Crosby-Harri son-Mangi ni -Marti n
None
on th e above
toca lI ed
Councii
Counci I
I'lembers
l,lembers
Present:
Absent :
i'I INUTES
The mi nutes of the regul ar
mi tted to the Ci tY Counci I
HEARING
meeting of March I, 1976, previously
were approved and adoPted.
sub-
PLANNING COMMISSION REQUIREMENT
ON APPLICATION FOR RESUBDIVISION OF
APPEAL OF GORDON R
FOR ENV I RONMENTAL
LOT B, BURLINGAME
STROCHER FROM
IMPACT REPORT
MANOR #2.
In a communication dated March 15, 1976, to the City CIer
iit"O io ,ritnatun his appeal on the above matter' At May
air"itiin, the item was iemoved from the agenda of Counci
k, Mor MI bu
r, Strocher
angi ni 's
siness,
APPLICATIONS FO R AMUSEMENT LICENSES
I417 BURLINGAME AVENUE.
The appl i cati on fi l ed wi th the Ci ty Counci'l by Mr ' A
reuruii"y 25, 1976, reported that a 3,000 square foot
piinnea" i n front 6t tne present stage- wi th the orche
stage, balance of main floor, former location of cen
nav6 [aut es and chai rs and a bar. Eventual pl ans in
io.Itui 1 I ounge, and a d ini ng and refreshment seatin
of business 6l3o P,14. to 2:00 A.l'4., music provided b
olavinq ballroom type music commencing about 9:00 P'
t:o-o nltl , six ni ghts a week. The communi cati on stat
Manager, City Plinner, Bui lding Inspector' Fire Chie
and 6ity Attorney are familiar with the project' A
copi es of fi rst il oor pl an and second f l oor pl an acc
cation.
.le
d
st
te
cl
s
The DeparLment of Pol ice report dated March 9, 'l 976 , offe red no objec-
ii;^-a;-iiirince of the I icbnse. Fire Department report of l'1arch 3
advised that a preliminary inspection was made of the building. Because
floor area is ih excess oi ZO,bO0 square feet and character of occupancy
is being changed, it will be necessary for the new use to meet present
aiy- Ouiiaing ind'fi re codes. The report al so menti oned that detai I ed
plins have iot been rece ived as yet. t,Jhen they are ' it may be that
tertain changes wi.ll be needed to meet code requirements.
consi dered later
i"lr, Al exander reported
cl ubs and organi zations
be any reason he wouldto meet during the day.
in the mee ti ng, i nserted here to f o I 1ow agen da order)
l,layor t4angini recognized Mr. Alexander' according h
of the f loor, He ihformed the Counci l he is fully
to undertake al I of the reconstruction necessary to
to code.
xander, dated
ance fl oor isra pl ayi ng onr l oges , wi'l I
ude a restaurant,area. Hours
"name" bands
unti l probablY
that the CitY
Fi re Inspectorot pl an and
pani ed the aPPl i -
im the privilege
aware of and intends
bri ng the building
s considering the possibility of renting to
social affa i rs . He asked if there woui d
be al I owed to accommo.date groups desiring
/.
v
M.
edf,
pl
om
he ifor
not
I. DINO ALEXANDER FOR THE BURLINGAME-FOX THEATER BUILDING
(
64
The City Planner, responding to 14ayor 14angini, stated thetime affairs was discussed at a meeting with l'4r, Alexander
poi nted out there coui d be a parki ng probl em before 6:30 P
on a Saturday.
i dea
and
M
of day-
i t was
especi al ly
In response to further inquiry from l,layorevents, the City Attorney explained that
operat i on shoul d be restri cted to 6:30 P.creati ng seri ous parking probl ems.
llangi
s taff
M. to
afternoon
hours of
avoid
nr c0ncernr ng
considers the2:00 A. M. to
Councilman Amstrup asked about iocation of the bandstand. l,lr, Alex-
an der adv i sed the present stage area wi lI be used. Further, inresponse to Counci lman Amstrup, Mr. Alexander confirmed there w.i il beq dglcq fl oor upstairs in the area of the present bal cony, It wasdecided to do this because people probably would not enj-oy going upand down stairs each time they wanted to dance
Counci Iman Harri son , referri ng to the age of the building, the exte n tof work requ i red to bri ng it to code and the ambi tious pioject to beundertaken, asked Mr. Alexander if he would comment on cosls involved.The I atter stated about 9225,000 in remode I i ng and $35,000 for l iquorlicense,
In response to counci l man. crosby, Mr. Al exander s ta ted quoted figuresinciude furniture, councilman Crosby asked Mr. Alexander to coniirmthat hours of operati on will be 6:30 p.M. to 2:00 A.14. Mr, AI exander
s ta ted that was the basic approach; he would Iike to furnish musicfrom 6:30 P.M. to I:30 A. t'1 . counci)man crosby asked about functions
in !!. .afternoon ' po!nti ng out that the counci I is presently dttempti ngto find ways of providing more parking in the downtown areal He asked-Mr. Al exander to comment on proposed iapaci ty when remodei ing i scompi ete.. The response was about 700 pLrsoni. Counci lman Ciosbyexpressed the opinion_ that daytime functions would be vi rtual ly impos-sible because of the i ack of parking.
Counci I man Harri son noted that i f the I i cense were approved onbasis of edy even i ng to early morn i ng hou rs it woul d still befor 1,1r. Al exander to accommodate ,,communi ty sponsored re latedexcept they would be evening affairs.
In . response to Counci lman Amstrup, I'lr. Al exander stated thetai nment wi lI be the band and possi bly a featured vocal i st.firmed there wiil absolutely not be tilpless nor bottomlessnor movies.
In response to Mayor Mangini, Mr. Alexander confirmed he willthe i dea of afternoon "community sponsored rel ated events.,,
The Counci I heard a report on structural al terati ons from paulStructural & Civil Engineer, 839 Hinckley Road, Burlingame.
councilman Martin asked if Mr. Alexander wou'l d be willing to accept acondition that music be Iimited to the hours between 9:00 p.M, ani, l:30
the
possible
events"
only enter-
He con-performers,
abandon
E. Fontaine,
A. M.to ope9:00 t
dance
Duri ng the ensui ng discussion, Mr. A'l exander expl ai ned he hopedn at 6:30 to serve di nner and, possi bly between T:00 or 7:30 ando have an i n s tructor avai I abi e to g i ve' dance Iessons, music toto wi 1l start about 9:00.
councilman crosby pointed out that music will be needed before 9:00 forthe i nstructor. Perhaps 14r. Al exander may be consideri ng records.
In response to an inquiry from councilman Harrison, 1,4r. Alexander askedthat he be allowed to have music commencing at 7:00 p.M.
counci lman Harrison's motion approvi ng the appl ication for an amusement
1i cense to allow public danci ng on the premi sis at I4l7 Burl i ngame Avenue,formeriy the Fox Burlingame Theater, operat.ing hours 6:30 p.M. to 2:00A.M. six nights weekly (closed i4onday), music-between 7:00 p.l'4. and l:30A.i4., entertainment to consist only of dance band with featured performers,movies and t o p 1 e s s / b o t t o m I e s s pe rforma n ce s prohi bi ted, I i cense to beeffective July 1, 1976 for one year, renewal subject to City Councilreview, vras seconded by i.layor I{angini, unanimously carried on rolI cal1.r,
fri)
In a communication dated March 3, I976, Robert J. Roselli, owner of the
above establ i shment, requested approval of an amusement I i cense to
allow dancing from 9:00 P.M. to l:00 A.M. nightly, music to be prov:ided
by records, I ive music to be used on special occasions.
Mayor Mangini announced that reports from the Department of Police and
tha Fire department, dated March 5 and March 9,.1976, respectively'
offered no bbiection to the permit. Mr. Roselli was present.
A motion by Councilman Crosby approving the permit for a period of one
year, reneial subiect to City Cbuncil ieview, was seconded by Council-
man Harri son, unanimously carri ed on rolI call.
COMMUNICATIONS
2. BLACK HORSE, 269 PRII.lROSE ROAD, REQUEST FOR DANCE PERMIT
NORTH SAN MATEO COUNTY
ASSOCIATION
CHAPTER #46 RETIRED PUBLIC EMPLOYEES'
a study meet i ng
In a communication dated March ll, .l976, Ellinor R. Armgtrong' Corres-
ponding secretary, requested consideration by the city council of an
imendm6nt to the- iurrent contract wi th the Pubi i c Empl oyees' Reti re-
,.ni !yrt", to make available to miscellaneous employees.who retired
p"io. io July l, 1971, a fifteen percent increase authorized by_Senate
blii tosg, ciupier 57i, signed by the Governor in September, .l975'
ihere ,ere no bbi ect i ons fiom Counci I members to Mayor Mangi ni ' s recom-
mendation that the request be referred to staff for study and report at
I
2. UNITEI] STATES
REQU EST FOR
POST OFFICE,
INSTALLATION
BURL INGAME
OF TRAFFIC SIGNALS OLD BAYSHORE/STANTON ROAD,
In a communication dated Febru ary 26, 1976, to the City Manager'
Lawrence H. Putman, iostmaster, isked that consideration be given to the
iUove instaliation-whin funds become avai lable, because-of.an increase
in w,icular traffi c aenerated by the Stanton Road Post 0ffi ce station
anA in existing hazaid resultin-g from vehicles.approaching the inter-
iuition-i"uveting at 35 miies p6r trour. The City Manager's recommendation
in an iaaendum t5 the iommunichtion, March ll, 1976, that an investigation
of warrants be undertaken and T r a f f i c - S a f e ty - P a r k i n g Commission recommen-
dati on sol i ti ted was accepted by the Counci I '
PROCLAI'lATION
n honoringI876, and
e occasion
Mrs , Mary Trevisol ,a resident ofof her l00th bi rth-
STAFF I,IEMORANDUMS
I. CITY MANAGER SUMMARY OF ITEMS DISCUSSED AT STUDY MEETING
Under da te
i tems wi i I
Counci I :
March 1l,clarifiedof
be
1976, the City
and/or amended
Manager adv i sed that the
before fi nal confi rmati on
f ol l owi ng
by
was no objecti onat this time for
.?
I
2
Cross connecti on i nspect i on servi ce contract
0n-site supervi soEs' trai ni ng program through
Management Devel opment Insti tute ( IMDI ) .
wi th the County.
Intergovernmental
In respenee to Counci I man Harri son ' s reference _ to questions rai sed by
Counciiman l,larti n at the study meeting concerning the cross connection
i nspecti on servi ce contract, both the ci !Y Manager and ci ty Attorney
staIed that further i nformati on wi I I be forthcomi ng, the Attorney
advising he expects a reply from the County to his letter.
ft[cll"i]!3;.t:l' i]^3.i1:ii
14ayor Mang i ni expressed great pl easure -iboi'n in Ilaly I00 years ago on March 26'
Burl i ngame over twenty-fi ve years, on th
day , March ?6 , 197 6 .
The Ci ty Manager presented that the s tudy meeti ng and theY
conf irmati on:
66
1. Directing legislation for 30 mile per hour speed
Avenue on a triai basis. ORDINANCE PREPARED AND TO
LATER IN THE MEETING FOR FIRST READING.
'I imi t on 0ccidental
BE INTRODUCED
2, Installation of p lanti ngs on Cal ifornia Dri ve in accordance withlist and report presented by the Director of Parks. *
4. Advertising for water system improvement bids. *
*0n motion of Councilnran Harrison, second by Councilman l,lartin, unani-
mous I y carri ed on rol I cai l, staff was author.i zed to proceed.
?. 0btai ni ng of soi I s report from Hardi ng-Lawson for ci ty l and on
CATOIAN AVCNUE. CONTRACT SUBJECT TO APPR0VAL UPON PRESENiETIOH.
5. Parti ci pati on in speci ai
PRINCIPAL.
census 0n a no-cost basis. APPR0VED IN
0ogocilman Amstrup asked that matters of this nature be submitted on aconsent cai endar in the future.
PROPOSED PARKING RESTRICTION ON CAROLAN AVENUE TO PROVIDE FOR
BURL INGAI4E TRANSIT BUS STOP
2
3 TRAFFIC SIGNAL CONTROLLER UNITS
DRIVE l,IITH MAGNOLIA AVENUE AND
AV ENU E
FOR THE INTERSECTIONS
CALIFORNIA DRIVE t,IITH
OF TROUSDALE
OAK GROVE
In a memorandum to the City Manager dated March li, .l976, the Directorof Public l.lorks requested authority to advertise for bids for theabove instal lations recomrnended by the Traffic Engineer, estimated cost$22'000 to be financed from Gas Tix Fund. In a m6morandum dated March lladdressed to the Director of Public l,lorks, the Traffic Engineer presentedjustification for his recommendations. The city Manager'i addendum tothe Director of Public t.lorks' communication rec-ommended bids be taken.
Councilman Amstrup's motion authorizing advertising for bids wasseconded by Councilman Harri son.
0n the question, Councilman Crosby asked the Director of public !lorksif the cos t es t i mate was for the total project, or just the control'l ers.The Di rector advi sed there wi l1 be additional cos ts for installation.
He reported, also, that there is approximately a six to eight monthswaiting period for the controllers, the remainder of the equipmentwill be delivered in approximately four to six weeks. If the contractcan be let soon, construction should be started during the summer.
The motion carri ed unanimously on voi ce vote.
4. SOFOS PROPERTY, IB ARUNDEL ROAD
l,layor Mangini announced that. as the result of a petition fiied with thj-
Under date of March Il, I976, the City EngineerlDirector of public l,Jorksforwarded to the city Manager a recommendation from the Traffic Engineerto pos t no parki ng from 8:00 A.M. to 9:00 A.M. at an i sol ated one iehicleparki ng s pace approximatel y I20 feet sou therl y of the northeasterlycorner of carol an Avenue and Broadway to accommodate the Iocal bus- thatmeets northbound commute trains and iervices the area easter'l y of theFreeway. The no parki ng restriction will be at the front of ttreStudio shop, II80 carolan Avenue. l^lhen asked for their reaction, theowners-of-the.shop had no objection as they do not open for businessunti I 9:30 A.M. The Di rector of publ i c Woiks endorsbd the proposal,advisi!9 there is an existing sign pos t at the I ocati on, coi t bfinstaliation of the sign will be minimal, as will removil should thatbecome necessary. He asked permission to have the sign placed as soonas possible. In an addendum to the communication, th; City Managerrecommended approvai . llli th Counci I concurrence, Mayor Mingi ni -
authorized posti!9 as_requested and directed the aity-Attorn6y to preprrelegislation for Counci l approval.
67
City Counci I at the meeti ng of t4arch l, 1976, on theCity Attorney again visited the property at Council's
spoke wi th Mr. Sofos. The resul ts of thi s visit were
Council in a communication dated 14arch 9, .l976.
above matter, the
di recti on andreported to the
The Attorney's communication stated (1) There are three residences
located on three adjacent Iots on Arundel Road, all owned by Mr. Sofos.
He ljves in the center unit and rents the other two. (?) The petition
compl ai ned of an illegal business being operated from the premi ses atlB Arundel, the use of three I arge dump trucks and ruining of the resi-
denti ai atnrosphere wi th noi se and nuisance. The peti ti oners clainedthe fence at the front of the property exceeds l egal hei ght and hidesa corporati on yard filled wi th I umber and o ther materi al s. The Attorney' sletter stated further the property has a series of gardges on the backproperty line and a "lean-to" structure -primarily c.onstructed of corru-gated pl asti i behi nd the garage of the center house
The Attorney's report advised of his visit to the property on l,larch 9
and con vers at i o n wi th Mr. Sofos concerni ng what appeared to be an
excessive amount of s to red roofi ng materi al and I umbe r. 14r. Sof os
claimed he used the I umber in the fi repl ace; it was the Attorney'sopinion this rvas probably so as the material did not appear to be ofconstruction grade. ldhen the "lean-to" was discussed, I'lr. Sofos
expl ai ned he intends to demol i sh and reconstruct to code when finan-cial ly abl e to do so. Three trucks were properly garaged on thepremises and, accord i ng to Mr. Sofos , he and his two sons dri ve themto and from work. l.Iith respect to the fence at the front of theproperty, 14r. Sofos indicated he would prefer not to alter as he con-sidered it necessary. A diagram and cost estimate of work to be
done on the property, prepared by Mr. Sofos, accompanied the Attorney's
communi cati on.
Counci I man Harri son i ni ti ated the ensui ng discussion wi th a referenceto 14r. Sofos's remark wi th respect to the illegal front fence,
requesti ng the Ci ty Attorney to comment. The I atter confi rmed thatMr. Sofos must obtain a fence exception from the Planning Commissionfor the fence to remain. Pictures illustrating fence height we re f ur-nished the Council by the Attorney.
In response to Mayor Mangini, the City Attorney reported that iegalfence lei ght in the front setback is five feet. Mayor llangini asked ifsetback violations exist. The Attorney refe rred to the "Iean-t0",advised it extends to the property line, is illegal and may not remain.
l"lr. Sofos v.as accorded the privilege of the fi oor. He read from aprepared statement rebutting allegations in the petition filed withthe Council. In essence, Mr. Sofos's staternent asked for proof thathe is operati ng an i 1l egal busi ness, den i ed owning three dump trucks,
denied operati ng a corporation yard, stated that six persons who s ignedthe peti ti on l ater retracted. i\,1r. Sofo' s statements trere headed
"Regarding the signed petition dated May 4, 1975," "Response to Council
meet i ng of March 1, I976, " the third 1i sted names of persons retracti ng
s i gnatures to the nei !hborhood peti tion, (The material is publ i c recordon file in the Office of the City Clerk,)
Counci lman Harri son as ked Mr. Sofos the nature of
I atter responded "real estate broker. " Counci lmanthi s i nvol ved storage of building materi al s at his
maintenance of income property. Mr. Sofos repliedbut not at his home.
his bus i ness, the
Harri son as ked if
home for repa i r and
he keeps an inventory
Counci lman Marti n s ta ted the photographsfence behind the front fence. Mr. Sofos
cycl one gate,
show what appearsidentified it as a
to beslid another
i ng
Reporting he visited the prop€rty, Councilman Harrison asked if therewas not a cyclone fence inside the property. Mr. Sofos stated a threefoot high cyclone fence was installed to prevent the dogs entering thegarden area.
Councilman Crosby asked Mr. Sofos his i ntenti ons wi th respect-to the
68
illegal front fence. Mr. Sof,os stated his son intends to make appli-
cati on for a vari ance to al I ow the fence to remai n.
Counci lman Crosby asked about the "Iean-to. " l'4r. Sofos reported he has
discussed his plans with the City Attorney; furthermore, he was informed
by an expert witness that the structure is Iegal. The City Attorney
stated Mr, Sofos furnished cost estimates on the wor:k that wi'l I 5e.d6nebut, so far, has said nothing about a starting date. l'lr. Sofos
reported he intends to take out a building permit between Apri I l0 andl5 when the rainy season is over,
Councilman Martin asl<ed Mr. Sofos to explain the delay, why April and
not immediately. Mr. Sofos stated there are two roofs to be completely
di smantl ed and repl aced and that s tru ctura I damage will result shouldit rain when the work is in progress, I1r. Sofos advised it vrill be about
65 days before al l of the work can be finished on the three houses.
Councilman I'larti n recommended that Mr. Sofos be directed to obtain the
buiiding permit in the morning.
l'layor l'langini asked for what period a permit is valid. The City Attorney
advised the determining factor is value of the construction, 90 days
is minimum. i,layor Mangini asked I,4r. Sofos if he intended to obtain a
permit in the morning to rebuild the "lean-to" in conformi ty with code.i4r. Sofos stated that was his intention.
can be al I owed to repai r the
Attorney advi sed that, basically'
pl anaCouncilman Martin commented the building official will requireof what is proposed befo re a permi t will issue.
Mayor Mangini stated he observed two trucks under an overhang while
visiting the property Saturday morning about I0:00 A'M.
1
Councilman Crosby stated he was unable to determine from the diagram
and cost breakdown precisely what improvements Mr. Sofos planned.
The City Attorney referred to discussion at the March I meeting vvith
respect to abatement of itlegal conditions, i.e., the fence and "lean-to"'
He stated he has thought at times there nay be illegal truck storage
also. Now that Mr. Sofos has had the opportunity of response to thepetition, the Council may direct abatement of any illegal conditions on
the p rop er ty.
Councilman Harrison expressed reluctance to have the Council placed in
the posi ti on of arbi tritor in an i nter-bl ock squabbl e between nei ghbors.
He agreed there should be d i recti on on the Counci 1 's pa rt authori zi ng
abatement action; however, since Mr. Sofos was afforded the opportunity
of addressing the Council, and chose to comment about his neighbors'
there may be-persons in the audience desirous of discussing the petition.
Raymond L. Guerber, l4 Arundel Road, stated an opinion-that Mr. Sofos
opirates a business on Arundel Road. Mr. Guerber mentioned truck:traffic
ih and out of the property, a dump truck and a flat-bed, trucks parked
on the premises, materials hauled in and out. He stated the neighbors
wouid Iike to have the truck t raffi c stopped because of the number of
children at play; Mr. Sofos may not be in violation by reason of the
trucks on his premises, but safety of the children is a matter of con-
cern. He re i tbrated his pos i ti on that Mr. Sofos ' s acti vi ti es con-
stitute a commercial operition in a residential area; he, persornally'
would Ii ke it stopped.
i',lick Russo, l7 Arundel Road, explaining he is retired and at home most
of the day, informed the Council he observes the trucks coming and
qoinq daiiy. He stated they are a nuisance, noisy, driven onto the
irop6rty liteat night; on Sirnday, Mr. Sofos and his sons work all day
treitin-g a noise nuisance. Mr. Russo stated that Mr. Sofos visited
some of the neighbors who signed the pttition, mentioning the possibility
of a lib0* suit if their names were not withdrawn. (.
Counci lman Amstrup asked how 1,1r. Sofosstructure if it is illegal. The City
demol i tbn will be rieCessary.
69
Mr. Sofos, recognized by the Chair, stated that Mr' Guerber has three
veh i cl es in his garage, al so a truck. Mr. Russo has three cars 'including a commercial vehicle. Mr. Sofos stated he and his sons live
in one oi the dwellings, this is their home, they work on their property
as any other f ami'l y but do not work on the trucks there, vehicle repa i rs
are done on High'l and Avenue where complete garage facilities are available.
Councilman Amstrup asked Mr. Sofos to comment on his earlier statement
that he did not own three dump trucks. Mr. Sofos stated he owns a
flat bed and a .l956 Chevrolet, his son owns a dump truck and two cars,
most of this equipment is stored at Highland Avenue.
In response to Counci Iman Marti n's i nqui ry concerni ng t ime requi red to
initiaLe an abatement action, the City Attorney advised a proper com-
pl ai nt can be prepared in approx i matel y one week, but it will be probabi y
three months before the cou rt heari ng.
Councilman Martin's recommendation that direction be given to the City
Atiorney to initiate abatement proceedings as soon. as^possib'le of what
he be l iive s to be illegal condi ti ons was accepted by Counci I membe rs '
Councilman Martin sugg6sted that, in the meantime, Mr' Sofos might
present a pi an tor siitf approval of what he i ntends to do'
The city Attorney, reporting he will proceed with the abatement action'
mentionLd there is thb possibility of a fence exception being-approved'UV ii,6 ifanning Commission if Mr,-Sofos's son pursues the application
menti oned earl ier.
Reiterating that the city council does.not want to be involved in a
;;iiIt;;h;6d iquabbl e, Cbunci I man - Harri son expressed the hope that
l,lr. -Sofos and liis soni can appreciate neighbors' concerns. It was
his reaction from personal obiervation that the property._ appears to
lrave all of the characteri st i cs of a corporation yard. -He stated
he discussed the wood storage with Mr, Sofos and was informed it was
, i.a in the fi repl ace. Couici Iman Harri son stated the residents and
uriin.it peopre bf Burlingame take pride in ttH!" properties' Maybe
gi. Sotos'ani tris sons wiil adopt the same approach, improve the front
of tt" pioperty and eliminate the corporation yard image'. The majority
of resiaenis wint Burlingame to remain the pretty place it is'
5. REVISION OF TITLE I3 TY ORDINANCE CODE -VEHICLES AND TRAFFIC, CI
The Ci ty Attorney' s I etter
ord i nance was referred to
meeti ng agenda.
of
the
I'larch 4, 1976, transmi tti ng a proposed
City Manager to be placed on a study
under date of I'larch II, I976, the City Manager forwarded_the Park
Dire.toris r"port of the same date on the above subject in response
io inquiries i'ai sed by fi fth g rade students at Frankl i n School '
Coun"il*an Crosby reported he looked at the equipment, it is in need
;i-p;irting. He"astLa for the work to be done as soon as possible'
The'City t4inager assured it will be given top priority. There were
no obieiti ons to Counci I man Harri son' s request-that- q cgpI of the
iirf-birector's communication be forwarded to Franklin School ,
attenti on fi fth g rade s tudents.
6. CUERNAVACA PARK IMPROVEMENTS
SKATEBOARD AND BICYCLE RESTRICTIONS IN COMMERCIAL DISTRICTS
l*layor Mangini announced this was the time and place scheduled to
In response to Counci lman Harri son 'areas wiil be posted as soon as the
ri son asked that the regul ati ons be
ment brochure.
the Ci ty Manager advi sed the restri cted
signs are received. Counci lman Har-
publ i ci zed in the Recreation Depart-
RESOLUT I ONS
I . RES0LUTI0N N0. 28-76 "0rderi ng
l.leeds And Rubbi sh,A Nuisance In The
conduct
7.
Destructi on 0f Noxi ous And Dangerous
City 0f Burl ingame. "
70
a publi c hearing on proposed removal of weeds and rubbish, pursuant to
resol uti on adopted on February 17 , 1976. Decl ari ng the heari ng open,
l,layor Mangi ni i nvi ted comments from the fIoor. There were none. The
heari ng was decl ared cl osed. RES0LUTI0N N0. 2B-76 ( reci ted above )was i ntroduced by Councilman Am-fiup, wtro m I Ioption, second by
Counci lman Harri son, unanimously carri ed on rol 1 cal l.
3. SAN MATEO COUNTY SCAVTNGER COMPANY REQUEST FOR RATE INCREASE
2. RES0LUTI0N N0.29-76 "Certifying Environmentai Impact Report For''FIo@ProposediniitvUnitCondominiirmProjLct,l5l5 Floribunda Avenue, At Floribunda Avenue And Almer Road, EIR-34P"
was i ntroduced by Counci lman Crosby, who moved adoption, second by
Counci lman Harri son, unanimousiy carri ed on rol I cal I. Counci lman Har-rison commended the Planning Commission, Planning staff andArthur G,Dudley for the hours spent in preparing an extremely well-
documented report.
I4ayor }langini recognized Mr. H *"
San Mateo, spokesman for the Companyl,lr. Kel iy referred to the report prepwith assistance from staff people of
San Carlos and Redwood City, He advitook exception to certai n inclusionsdiscussed wi th 1"1r. Roy Wehe of the Ciresponsible for its preparati on, with
D was prepared. Mr. Charl es Schwa I m,furnished a copy of the revision thisthe Company d i d not wi sh to be knownthe j anguage was deleted, as were alli'lr. Devincenzi and his family. As aand 25 of the report were revised. IlExhibit No, I, attached to Page g - 0
I aneous 0peratins $ 2 00 ,000. ,, He adviabout this item, s tated he estimatedearned by the Company. Mr. Kel ly sta
u nders ta nd i ng that i nteres t is not tooperati ng revenue. The Company willthat it be removed from the peport asa ?0% i ncrease in rates, which the Co
be
notit
, Attorney, 181 Second Avenue,
resen tat i ves present.d by City of San Mateo staff
ci ti es of Burl ingame,that the Scavenger Companythat report. These wereof San Mateo, who was primarily
e resu I t that a revi sed Appendi x
r1i ngame's City Manager, was
en i ng. Mr. Kelly explained
"a ,pr0tecti ve associ ation, "ferences to property owned byult of the deletions, Pages - 21Kel)y cal I ed attenti on toati ng Revenues 'rB. Mi scei -that l,lr. l,Iehe, when askedfigure and i ncl uded interegtit was his and the Company's
considered an i tem ofargue this point, nor ask
does not change the fi nai result,y accepts.
Kelly adv i sed this is the third
llv
rep
a re
the
sed
in
ty
th
Bu
ev
as
re
re sr.
per
sed
the
ted
mpan
In response
i ncrease i n
to
l5
Mayor Mangini, Mr.or I6 years.
In responsel4r. Kelly's
study group,
af fected.
RES0LUTI0N N0. 30-76 "Authorizin g Rate
RES0LUTI0N 3l-76 "ResolutionAuthorizing Executi on Thereof
was i ntroduced by Counci lman
Counci lman Crosby, unanimousi
to Councilman Harrison, the City Attorney confirmed
comments are directed solely to the report preparedrates detai I ed in the Resol ution and Ag reemen t are
that
by the
not
With San Mateo County Scavenger Company,,
man Harri son, who moved adopti on , second
mously carri ed on rol I call.
Increase And Amendi ng Agreement
was introduced by Counci I -by Counci Iman Crosby, unani-
Approvi ng And Accepting Agreement And" (San Mateo County Scavenger Company)
Harri son , who moved adopti on , second byy carri ed on rol I call.
0RDINANCE ( s econd readi n s)
0RDINANCE N0. .l065 "An 0rdinance To Amend Secti on I 7 . I 06 0f The
Duri ng Fumi gati on. "Uniform Fire Code To Reqdre Watchmen
i"layor Mangini declared the hearing open, inviting comments fromfl oor. There were none in support of , nor in opposition to.14rs. Ellinor Rusch, i 384 Hillside Ci rcl e, as ked the purpose.
the
At the l,layor's i nvi tati on, the Fi re Ch i ef expl ai ned that a requi ""^"ntr,
77
in the prior code for watchmen' to be on duty for al l fumigation was
eliminated as the reqult of a request from the Fumigators of NorthernCalifornia. The new code provides for a watchman only when fIammable
gas is used. The Chief stated his Department had not been made awareof the amendment when proposed. He expl ai ned tha t a house being fumi -
gated is an attracti ve nu i s ance to chi ldren, t hey are curious and want
to see what is happeni ng. In the absence of a guard' a child coul d
enter a building unseen and be overcome by gas. The potential forthis type of tragedy can be reduced considerably by reinstating the
watchman requirement; it is for this reason, the code amendment has
been presented. There will be no cost to the City as the person
orderi ng fumi gati on is respons i b le for the watchman ' s fee.
There were no further comments. The heari ng was decl ared cl osed.
0n moti on of Counci I man Harri son, second by Counci lman Ams tru p the
0rdi nance passed its second read i ng and was unan imously adopted on rol I
cal I .
0RDINANCES (introduction)
l. 0RDINANCE N0. 1066 "Amending Establishment 0f Highland Avenue
BetwEEn-IITiToFn'ia--DiTve And Howard Avenue As A One-Way Street" was
introduced for first reading by Councilman Amstrup.
2. ORDINANCE N0. I067 "0rdi nance I ncreas i ng The Prima Facie Speed
t-imit {-n-TZETdEnTET-fvenue Between Barroilhet Avenue And El Camino
Real From Twenty-Five To Thirty Miles Per Hour" was introduced for
first reading by Councilman Crosby.
'I egislation be effe ct i ve on a trial
advi sed that Iimi tation was not
man Harrison's comment that it
accepted the i ncreased s Peed I
s tated the appropri ate section
Counci lman Harri son as ked will the
basis for six months? The AttorneY
i ncl uded but can be if that is the wi ng Counci I -
residents
Ci ty Attorney
o second read i ng ,
Manager and the Director of Recreation the
of Trustees of the El ementary School Di s tri ct
Fol I o
the
the
was
imi t
w'i l l
Counci I 's wish.his underEtanding
as an experi ment,
be added prior t
UNFINISHED BUSINESS
BURLINGAME INTERMEDIATE SCHOOL
TENNIS COURT IMPROVEMENTS
Mayor Mangini named the CitY
City's liaison to the Boardin this matter,
2 POLICE STATION SITE, CAROLAN AVENlJE
Counci lman Amstrup expl ai ned that i I I ness precl uded hi s attendance at the
iait meeti ng of the Cbunci I (the night before election) but tha t he had
some commenIs to make concerning the action taken at that meeting to
proceed with preliminary plans for the above proiect. He read from a
prepared statement as fol lows:
"I was s tartl ed to I earn that a
pl ans on the new police station
wi th no di scussion bei ng held on
ri ght. (Meeti ng hel d March 1)
go ahead with the PreliminarYl2 hours before the el ecti on
changes needed to do the job
vote to
was made
possible
Statements made at that time were that "no advers
and "the ci ti zens have had ampl e time to make them
many have said since the election (March 2), r'r e we
heaid loud and clear as they do in any democracy -
llr. Harri son s ta ted (quote) "The di scussion on the
candidates' not peopl e discussion. " Thi s is so fa
amusing. Hundreds of people have stated they favo
I ess haste.
e i nput had been heard"
sel ves heard. " Asre making ourselvesat the polls.
poi i ce s tati on wasr from reality, it isr more thouqht and
y some people has been thatin haste, ramrodded through
begi nni ng. It woul d seemo
The big argument for a new pol i ce stati on b
the preient station was bad ly pi anned, buil t
by a certai n counci l man and was bad from the
I
72
to me, so we don't have another badly built po1 i ce statishould sit down as a council and discuss some very vital
tha t have not been di scussed, before some costl y changestre made on the preiiminary plan,
ngs
ht
olt 'th i
mi g
that we
have to
In the space study used tothat " the exi st i ng propertyparking and will only allowAfter that, a structure wi ll
somethi ng el se, l,lhy aren'tof after the fact.
stify the new pol ice palace, it states
i nadequate to provide sufficient surf ace
equate park i ng unti 1 1980 (4 years awayJ. "ave to be built or we will have to dodiscussing d i fferent i deas now i ns tead
ju
is
ad
h
we
No discussion has been held on the 100 person capacity communitymeeting room - sauna bath - general layout.- parking on roof and- rampneeded - fou ndat i ons - possible parki ng under building or rai se bui ldi ngand park on first fl oor and have station on second fl oor,
Haste makes waste ' gentlemen, and I can't understand your rel uctance
!g g.t all the facts and -work them out pri or to proceedi ng wi th plansthat.may need costly revisions. I firmiy suggest that we-ask oui.architect to stop any work on the preliminary-plans until we can givehim further directions so as to preven t the need for revisions thitcou ld cos t the Ci ty dearly.,,
Counci Iman Crosby objected to the ter
bui I di ng wi l l be nothi ng more than aa plain, functional pol i ce s tat i on.after re-readi ng the agreement wi th tcan make changes i n the prel imi nary pcost to the City, He asked the City
s tated that was his understandi ng oithat mi ght not be so in the event ofbuilding design. Councilman Crosby a
ex ten t to which pl ans can be al teredfor architectural services. The Attorney explainformation as to the degree of change that inigattempti ng to state there woul d or would not be
councilman Amstrup asked would it not be wise for the council to takeunder consideration the matter of prepari ng the roof for parki ng?If a.ramp is to be added to the p1lns, thii certai n Iy woul d repiesenta major change,
At Counci lman Crosby's request, the Chief ofthat the architect is prepari ng a number ofalternatives for all areas of ihe buiiding,tions for roof parki ng and cos ts of ramps.
councilman Amstrup asked if the council wi'l I be furnished a number ofplans. The Chief stated he was unable to respond to that but wasaware the archi tects were worki ng on a number of a l ternati ve approaches.
councilman l'larti n supported councilman Amstrup's position. He statedthat, regardless of the contract, there is a inattbr of equity to beconsidered. If the architect is forced to make mafor changei in pre-liminary plans, he should be paid for his time in itt faiiiess.Furthermore, parking added to the building creates a Ioad factor thatmust be considered by the soi ls engineer, his studies would be
af f ected.
m"str
He
he
I anAtt
the
po1 i ce
ucture
advi sed
archi tes befor
orney t
contraor chand for c
hout i n
e appro commct. H
ges maIarifi
curri n
i ned h
h t be
added
palace
bui I tit iscts, t
," stati ng thefor the purpose of
hi s understandi ng,hat the Ci ty Counci Ioval at no addi ti onalent. The I attere cautioned that
te ri al ly af f ecti ngcation on theg added costs
e woul d need nore
i nvo l ved bef ore
arch itect costs.
maj
ske
wi t
Counci I man Harri son s ta ted
discussed the possibility
wi th the archi tects , roofas were other options, and
al ternati ves woul d be pres
Pol i ce commented, advisingoptions, a number of
i ncl udi ng structural ai tera-
was his recol I ecti on that the Counci i hadmodifications in the prel imi nary plans
ki ng was one of the changes menti oned,
Ci ty Attorney had advi sed that the
ed with the preliminary plans.
that r^ras hi s
it
of
par
the
ent
i,layor Mangini agreed with Councilman Harrison, stating
understandi ng a1so.
is pursu i ng.
/o'
The Chief of Po.l ice advised that is the course the architect
73
Councilman Crosby agreed with Counci lmen Amstrup and 14artin
shoul d be discussions wi th the archi tects to estab li sh what
addi tional fees will be i nvol ved by reason of al terations i
prel imi nary pl ans.
Following further discussion, there was agreement by-the Council to
di rect t6e archi tect not to proceed further wi th prel imi nary pl ans
and to invite him to meet witn tne Council at the Apli I 7 study meeting.
Mayor Mangini requested the City Manager to relay the message.
councilman crosby asked that the April study session be confined to the
one subject.
AC KNOl.lL EDGMENTS
that there
i f any
n t he
l League
l,lay o r Hang
of Cal i forn i aini noted that
Senate Bill 1500 Son
o
Cities Legislative Bul i eti n, February 27,
the League is agai n urgi ng opposition to
which pioposes to appropri ate to the State
le Code fi nes and forfei tures presently
Ci ty 14anager was asked to agai n wri te the
ator- expreis'i ng Burl i ngame's objecti ons '
197 6:
on of Counci lman Harri son, second
ote t,larrants Nos . l9lB through
575,579,98, were aPProved for PaY-
an addi ti onal title be
encouraging comment
Respectf ul ly submi tted,
enera un
al I ocated to ci ti es. The
I ocal assemblYmen and sen
APPROVALS l^lARRANTS &PAYROLL: 0n mot i
al aye vol ce
tc
6y Counci lman AmstruP,
?2?8, dul y audited, in the amou nt of $
ment.pavroll. Februar.y,1976, Checks Nos. 16297 through 16993: $320'619.82'
*ui"iip.or.a-on-rn"oIion oi Councilman Harrison, second by Council-
man Ams trup , a 1 I aYe voi ce vote .
Robert Fi sse, 3035 Trousdal e Dri ve, asked that
added to the agenda, just before "Adiournment,"
from the audience.
FROM THE FLOOR
ADJ0URNMENT: At i 0:50 P. M
7/
v
2. Communication of March 3, .l976, from AssociatiOn of Police and Fire
ROministrators to the City Minager advising that certain department
heads have been accepteA is ,.m5ers and agiee to have. the Association
Ji-pif iii-ana Fi re Abmi ni strators represent them i n al I empl oyment
re lati ons wi th the Ci ty of Burl i ngame.
3. Pol i ce and Fi re Departments' February ' I976 ' reports.'
City ilunn." ..po"[-oi ptanning Commission meeting, March I' 1976'
Chi ef of police ieport, March iO, t SZO, "Mills Canyon/Unl awful Use
by l,lotori zed Vehi cl es, "pai'r a Recreation Commission minutes, March 9,
PI anni ng Commission, FebruarY 23'
Study Mieti ng, March l0 '
.l976
' notati ons.
Z