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HomeMy WebLinkAboutMin - CC - 1972.01.17188 Burlingame, California January L7, L972 CALL TO ORDER A regular meeting of the Burlingame City Council i,ras held on the above date. The meeting was cal1ed to order at 8:lO p.m., Mayor Pro Tempore charl,otte Johnson presiding. PLEDGE OT' ALLEGIANCE The city clerk 1ed the assemblage in the Pledge of Allegiance to the F1ag. ROLI CALL Present - Absent Councilmen: crosby-Johnson-Mangini-Martin Councilmen: Amstrup Mayor Amstrup, MINUTES absent because of iIlness, wag excused. The minutes of the meeting of January 3, 1972, previously submitted to council, rdere approved and adopted. NAW DATE FOR LIBRARY DEDICATION Councilman Mangini pointed out that the date of the dedication and formal opening of the new addition to the main library has been changed- to Sunday' March 5, 1972--Page 5 of the Council minutes of January 3 shows the original date that was selected, February L3, L972. BIDS BURLINGAIIE AVENUE FROM EL CAMINO REAL TO CALIFORNIA DRIVE Bids for improvements on Burlingame Avenue, opened on Tuesday,January LL. L972, at 2:00 p.n., in compliance with publishednotice, were declared as follows: BIDDER BASE BID ALTERNATES TOTAL BID Huettig & Schronm 5217,816.00 935,520.00 5253,436.00Willians & Burrours 2?9,463.0O 39,600.00 3I9,063.00 Architectrs Estimate 148,645.50 34,987.00 183,532.50 The Chair announced that Council had an opportunity to reviewthe bids at the study meeting and considered them not acceptablei Councilman Martin pointed out that the bid amounts are 40t or more in excess of the architectrs estimate. RESOLUTION NO. 3-72 "Rejecting Bids Burlingame Avenue From El Camino ReaL ToCalifornia Drive, Job No. 5371" was introduced by Councilman Crosby, who moved its adoption, seconded by Councilman Mangini and carried on the following roll call: AYES: COUNCILIiIEN: Crosby-Joh son-Mangini -Marti n NOES: COUNCILMEN: None ABSENT COUNCILMEN: AMStTUP 189 PRESENTATION POLICE DEPARTMENT PERSONNEL Chief of Police Lollin presented James L. Eldredge, the newest addition to the department, lrho assumed his duties as a police officer on January 3, L972. on behalf of Council, Mayor Pro Tempore Johnson congratulated officer Eldredge on his appoint- ment, welcomed him to the city and wished him success in his career. BURLINGAME AVENUE PROJECT council returned to the discussion of the Burlingame Avenueproject, concuffing with the architect's recommendation that invitation to bidders be pubJ.ished at the earliest possible date, r.rith bid opening scheduled for Wednesday, February 2,L972, at 2:30 p.m. Reference was rnade to a conununication dated Januaty L\ ,L972, from the state Department of Rehabilitation regarding 1971 Amend- ments to Chapte! 7 of the State Governnent Code, cornmencing with Section 4450, which section requires, in effect, that where a city intends to r be ramped at ever and in conformity communication were copies oE the state lbws and a series of drawings illustrating various designs of curb ramps. eplace curbs, or pour new ones, such curbs shally corner to make them usable by the handicapped with the Government Code. Accompanying the In response to the Chair, Ronald Perner, p conflrmed that he had been furnished a cop communication and had discussed it with th rojectyofth e City architeet,e State I s Attorney . Council was informed by the City Attorney that the legislation described in the comunication was enacted at the last legis- lative session and will not become effective until the 61st day after the session was adjourned, or some time in March,1972; accordingly, section 4450, as it appears in the material furnished by the State Department of Rehabilitation, and as it relates to sidewalks and curbs, is not the law presently, norr'ril} it be the 1aw vrhen the Burlingame Avenue job goes to con-tract; if the State code is followed in this respect, it will be voluntary on Council's part and not because of any legral requirement. Mr. Perner recalled that his original plans included wheel chair ramps but they were deleted because the location away from the crosswalk was considered hazardous and contributive to accidents, vrith resultant liability on the city's part. Pointing out that the project will be going to bid immediately and work commenced before the law becomes effective, he asked that the ramps be omitted, explaining that he is having problerns in attempting to include them--whatever the location, there appears to be some element of hazard. Mayor Pro Tempore Johnson stated that Council is obligated to weigh all of the pros and consi admittedly, the city is not ).egally bound but there is the matter of keeping faith with those who need such facilities. Councilman Martin stated that every effort should be made to comply, that the legislators intend that facilities for the handicapped shatl be provided in projects such as Burlingame is undertaking and that he would prefer that the city be the first to comply, rather than rely on a 1ega1 technicality to evade the .issue and construct under the old rules. 1e0 The City Engineer recalled that Mr. Pernerrs initial proposal for ramps was judged unsatisfactory when submitted to Council and staff because the ramps $rere out of the crosswalk andMr. Perner explained at the time that placing the ramps within the crosswalk will be guite costly. The City Engineer stated that the plans can be revised to accommodate the ramps, ifthat is Council's decision. The City Attorney stated that ramps in the crosswalks would be totally acceptable from a legal standpoint; however, it appears from comments that were made at the study meeting that this may not be possible in every instance because ofexisting catch basins and a suggestion $tas made that the ramp be moved up the street from the crosswalk. The City Attorney stated there would be a great deal of lega1 diffi- culty in the latter situation because of persons in wheelchairs coming off the sidewalk into the traffic in advanceof the intersection stop signs, where motorists expect to stop. Councilman Crosby noted that t,he city is aware of the need for special facilities for the handicapped, having had experi- ence whdn the new city haIl and the library addition were constructed; he agreed there is a moral obligation on the city's part to comply with the ne$, regrulations. Following some comments by Council on the ramp designs furnished by the State, ME. Perner stated that the project will be put to bid as planned and that he will continue to work on the designs in an attempt to come up with a pro- posal acceptable to the City Engineer, which can then be given to bidders as an addendum, ACKNOWLEDGMENT Mayor Pro Tempore Johnson acknowledged the presence of a confirmation class from Our Lady of Angels Church, observingCouncil proceedings under the supervision of James Flanagan and Mrs. William Lanam. COMMUNICATIONS 1. WILLIAM ROESE RETIREIqENT In a letter dated January 3, L972, l'[r. William Roese submittedhis resignation as the City of Burlingame representative tothe San Mateo County Mosquito Abatement Board. Commenting on the many, many years that Mr. Roese served in the capacity,Council accepted the resignation with regret. Ihe Chair requested the City Manager to direct an appropriate letter to Mr. Roese conveying the city's appreciation for his services. Following advice from the City Manager that it will be neces- sary for the city to appoint another representative to the Board and a report from Councilman Crosby that he has been con- tacted by a gentleman who is interested in serving, the City Manager was requested to announce that Council is ieeking a ieplacement for Mr. Roese. 2. SATEWAY STORES INC.BUILDING ADDITION AND PARKING A letter dated January 13, L972, from Safeway Stores, Irc.7 signed by P.J. Davidson, Realty Department, concerned a remodeling project proposed for the store at Howard Avenue and EI Camino ReaI and problems that have arisen in connec-tion with parking requirements. The communication referred to parking credits that were granted Safeway Stores in lUl 1963 when the parking district was formed and questioned rdhether the credits are accurate. Council indicated no objection to Saferray Stores' request that their representatives be permitted to present the matter to Council at its February study meeting. The City Manager was directed to inform the Safelrray people accordingly and to invite Mr. Kenneth Jones, counsel for the parking district, to the meeting. 4. CABLE CAR WASH ON SOUTHERN PACIT'IC PROPERTY RESOLUT I ONS RESOLUTION NO. 4-72 "A Resolution Of Intention To Make Changes enairYbal:if i-cations Burl ingame Avenue Area offstreet Parking District (Air Rights Lease) " was introduced by Councilman Martin, who moved its adoption, seconded by Councilman Crosby and declared carried on the following roll caII: AYES: COUNCILMEN: Crosby-Johnson-Mang ini -Mart in NOES: COUNCILMEN: None ABSENT COUNCILMEN: Amstrup In a conmunication dated January 13, L972, ttj.e city Manager reported that a request has been received for reconsideration of the application for special permit for a car wash facility on lands of Southern Pacific Company abutting Carolan Avenue, to be operated by Cable car wash, rnc., on the grounds that negotiations have been comPl,eted for Southern Pacific ComPany to contribute toward Carolan Avenue street improvements in the amount of S6,0OO.O0--the use permit to be qranted subject to the pa)rment of that sum and to compliance with plans and spe-itications previously reviewed by the City Council and the Planning Commission. Responding to Councilman Martin, the City' Attorney reviewed the background of the apPlication, explaining that it cane to Council on an appeal from the Planning Commission action denying it, that, in effect, Council denied the aPPlication withoui prejudice h,ith the result that Council can reconsider its action, withdraw the denial and set the matter for fur- ther hearing. The City Planner explained that the Planning Commission, at its hearing, found that the location failed to meet the conditions recited in the zoning code for gasoline service stations and apparently the city Planner at that tine felt that any property to be Ieased by southern Pacific Company should be subdivided and a specific land use assigned to the parcel, thereby assuring that a Precedent will not be established for alL of Southern Pacific company's properties in the city by reason of the city's approval of a special use permit. Mr. Roger Duncan, 404 Primrose Road, stated that the proposed facility will meet a definite need in the city and that he drives to either Mi.Ilbrae or San I'tateo, because there are no suitable car wash operations here. council concurred $rith Councilman Martin's recommendationthat the matter be returned to the Planning Commission for a complete rehearing, with the understandinq that a resubdivsion map is to be filed delineating the boundaries of the Parcelto be used for the car wash. rg2 RESOLUTION NO. 5-72 "A Resolution Of Intention To Make C-hanges And Modifica tions Burlingame Avenue Area Offstreet Parking District, Project No. 1969-1, Air Rights Lease Plus Second Parking Deck" \rras introduced by Councilman Martin, who moved its adoption, seconded by Councilman Crosby and declared carried on the following ro11 call: AYES: COUNCILMEN: Crosby*Johnson-Mangini-Martin NOES: COUNCTLMEN: None ABSENT COUNCILMEN: AMstTup Mayor Pro Tempore Johnson announced that the public hearing on the proposed changes and modifications in the Parking District will take place on Monday, February 7, L972, Et 8:00 p.m., in the City HaLI Council Chambers. RESOLUTION NO. 6-72 "Authorizinq Execution Of Modification Of Agreement By And Between Burl ingame Shore Land Co., Person & Western, Inc., Oscar I'. Person, Wheatley-Oliver And The City Of Burlingame" $ras introduced by Councilman Mangini, who moved it,s adoption, seconded by Councilman Martin and declared carried on the following roll call: AYES: COUNCIT!!EN: Crosby-Johnson-Mangini-Martin NOES : COUNCILIT{EN: None ABSENT COUNCIIfiEN: AMSTTUP RESOLUTION NO. 7-72 "Resolution Of Governing Body Of The eItyrcf eurTingame Requesting County Clerk of San Mateo County To Render Specified Election Services Pursuant To Section 22003 Of The Elections Code And To Furnish Voting Machines" was introduced by Councilman Crosby, who moved its adoption, seconded by Councilman Martin and declared carried on the following ro11 call: AYES: COUNCILMEN: Crosby-Johnson-Mangini-Martin NOES: COUNCILMEN: NONC ABSENT COUNCILIV1EN: AmSITUP RESOLUTION NO. 8-72 "Fixing And Determining Date On Which 11 Become Effective" htas introduced by Councilman Martin, who moved its adoption, seconded by CounciLman Mangini and declared carried on the following ro11 caLl: AYES: COUNCILITiEN: Crosby-Johnson-Mangini-Martin NOES: COUNCILMEN: None ABSENT COUNCILMEN: AMSTTUP RESOLUTION NO. 9-72 "Ordering And Calling A General Municipal ffi rn The city of Burlingame on April LL,L972; Providing Voting Places And Designating ELection Officers" $ras introduced by Councj.lman Mangini who moved its adoption, seconded by Councilman Martin and declared carried on the following ro11 call: AYES: COUNCILMEN: Crosby-Johnson-Mangini-I,lartin NOES: COUNCILI{EN: None ABSENT COUNCILMEN : AmSITUP LABOR NEGOTIATOR The City Manager was authorized to contact Mr. William W. Ward in connection with services to be rendered the city in labor negotiations. ORDINANCES ORDINANCE NO. 955 "An Ordinance Amending Section 3.08.050 Of @ And Adjusting The Compensation For The Clerk In Accordance With Reduced Duties And Responsibilities" 193 was introduced for first reading by Councilman Martin. ORDINANCE NO. 956 "An Ordinance Amending Section 3.12.030 Of @ And Adjusting The compensation For The Treasurer In Accordance With The Duties And Responsibilities" was int,roduced for f irst reading by Councilman l,lartin. UNFINISHED BUSINESS 1 CHARLES WEGERLE Councilman Martin recalled that at the last Council meeting (January 3, L972) there were comments concerning publicity in the local press in connection with criticisms of the city's wastewater treatment plant made by Mr. Charles Wegerle, laboratory technician at the plant, and the suggestion lvas made that Mr. Vilegerle appear before Council to discuss the matter. Councilman Martin stated that after the last meeting he was contacted by Mr. Wegerle, that he had a discussion with him and that Mr. Wegerle was present to address Council. Mr. Wegerle was accorded the privilege of the floor. He stated that he had nothing to do with the adverse publicity, nor with information given to reporters concerning the plant's operation. Mr. Wegerle feels that the plant is not operatingto fulI capacity, that proper chemicals are not being used to treat the waste water, that on October 20,1971, a "massive dump" occurred at the plant and that on that date he decided that some changes must be made; he contacted the Regional Water Quality Control Board by telephone and asked for a representative to come to the plant; the Board had ignored other complaints he had made and that two months after the telephone call in October, a representative appeared; he did not collect any samples and that it was his (Wegerlers) understanding that the Board does no personal collection of samples and that it was his (Wegerle's) opinion that this situation could result in falsification by dischargers of their reports to the Board. Mr. Wegerle stated that the City of Burlingame is spraying reclaimed effluent around the workers at the new city park for irrigation purposes, and that lvlr. Calvin Pitts, San Mateo County Sanitarian, is aware of the situation and spoke with one of the workers. iur. Wegerle stated that he is very much concerned for the welfare of the people of Burlingame because of the use of the reclaimed water for irrigation, that he considers hisfirst loyalty is to the citizens of Burlingame, above and beyond loyalty to his immediate superiors. He stated that the supervisor in the plant has had no experience outside of Burlingame in se$rage treatment, that the only solution tothe problems at the plant is replacement of Wayne Nichols, who has acted commendably but is now in the hospital forobservation. Mr. Wegerle stated that the city thrust a 50-year old man into a position which swallowed him upi he decided to give it a try but the plant has now reached alevel where people will get hurt. Mr. Wegerle stated thatthe City Engineer has said in the past that the Regional Water Quality Control Board gave Burlingame a clean bill of health, that he (Wegerle) did not wish to argue with whatthe Board has said but questioned whether this is true. Mr. Wegerle asked the City Engineer to comment on the useof reclaimed water for irrigation purposes. 194 The City Engineer stated he would not answer guestions posed by Mr. Wegerle but, for Council's information, the city does not intend to use reclaimed water for irrigat,ion unlessthe requirements of the Water Quality Control Board can be met. He reported that the contractor has been given notice not to turn on the sprinkler system without giving him two days notice in advance; the City Engineer commented on thepublicity that has appeared in the newspapers, stated that Mr. Wegerle disclaims responsibility and asked if Wegerle is not responsible, who is? The City Engineer stated that he attended the Board meeting where the charges raised by Mr. Wegerle were discussed and that Mr. Dierker found no justification in any of the state- ments made by Mr. Wegerle. The City i{anager stated he had no quarrel wit,h Mr. Wegerle, nor with his ideals, but questioned his behavior; the City Manager stated that if Mr. Wegerle was sincere he should have come to either the City Engineer or City Manager so that a cooperative effort could have been made to resolve the issues that hrere troubling him, but apparently he is not interested in working within the system and, for that reason,disciplinary action was necessary. The City Manager stated that, Mr. Nichols cannot be present to defend himself, because he is iIl and confined to the hospital, that he may not be the most highly qualified but that his desire, courage and loyalty are beyond question; unfortunately, the same cannot be said of Mr. Wegerle-- his behavior and sense of loyalty are questionable. Councilman Crosby, commenting that personalities are not the issue, stated he was disappointed and appalled that any such situation should arise at all in connection with the plant, particularly since he was one of the group that spearheaded the expansion project and sincerely believed that the cityrs wastewater treatment would be of the highest quality, he stated there have been continuing problems, that the present situation should never have been aired before the Board and that if the plant is not working properly it is Council's and staff's responsibility to work together to correct the problems. The City Engineer stated he has no definite assurance that the situations mentioned by 1,1r. Wegerle actually did occur, that other personnel at the plant appear to have no knowledge of incidents described by Mr. Wegerlei the City Engineer stated he has no intention of disturbing Mr. Nichols at the hospital. The City Engineer reported he had a meeting with the contractor at the city park two weeks ago and told him then not to turn the irrigation on; he stated the system is hooked up, has been used for testing, and during the summer hras turned on for dust erosion but to his knowledge, it has not been used during t,he past two weeks. The City Engineer stated he has been informed by experts that if the plant is managed and operated properly, there should be no problems in meeting the require- ments for use of reclaimed water for irrigation purposes. Concerning a charge by Mr. Wegerle that the plant is not using alum in the quantities required, the City Engineer stated that, with the exception of one tank that has been down due to a breakdown and difficulty in obtaining parts, alum is used. 195 Councilman Martin stated that in his discussion with Mr. Wegerle, he explained that the purpose in building the plant \ras to Putclear and clean hrater into the bay, that he has been troubled by the continuous succession of problems, and questions whether the fault he stated operation may not ha brought to ed hininteb dm l iesthatas it ve be ahe in th some t was en th ad an esign of the plant or in the operation; g must be done to put the Plant into ended to be, that Mr. wegerle's methods est but the situation has now been ust be resolved. The City Manager agreed that ltlr. wegerLe may have rendered some assistance but his methods are rea1ly contrary to the best interests of his enployer; staff is aware that an operator with a No. I certificate must be found, especially for the city to qualify for future Federal grants. 2. ART/CULTURAL COMMITTEE ?he City Manager t^ra s requested to arrange for Council to neet with the Art,/Cultural Comnittee at the February study meeting and to make that the first item of business. 3. COMMISSION VACANCIES Acknohrledgment $ras made of a communication from the City Manager regarding appointments to colNnissionsi the matter was referred to the Executive session to be held after the present meeting . NEW BUSINESS 1. E.L. LINCOLN RETIREMENT lrlayor Pro Tempore Johnson acknowledged a communication from the city Manaqer dated Januaty 5, L972, and a letter fromI{r. E.L. Lincoln, Recreation Director, dated January 5,L972, concerning the Latterts pl"ans to retire effective on September L5, L972, after 24 years of service trith the City of Burlingame. councilman Martin asked that the city Manager be prepared to report to Council at the next study meeting on his ideasfor administration of the Park and Recreation Departments. 1. Chamber of Commerce quarterl,y report - January I through March 31, 1972. The Chair commended Mr. william F. Hauser, General Manager, on the excellent report and also advised that the newofficers of the chamber of Commerce, for the year 1972-73, were i.nstalled, with ltayor Arnstrup acting as the installinE officer. The officers are: President, James E. Delehanty; First Vice President,Eric Mausseri Secretary, tawrence Putmani Treasurer, Andrew chrystall, corporate secretary and General Manager, william F. Hauser. 2. Report from Blingrum Inn Teen CIub - Financial Statement JuIy I through December 31, 1971. 3. Minutes: Beautification Commission, November 4, and December 9, L97.Li Planning commission, January 10, and Park and Recreation Commission January LL, 1972. ACKNOWLEDGMENTS r96 4: Communications: Copy of Director of Public Works Monitoring Report, Wastewater Treatment Plant, for the month of December, 1971, mailed to Fred H. Dierker, Executive Office, RegionaL Water Quality Control Boardi City Planner report of Planning Commission hearing on December 27 , 1971 and adjourned meeting on January L0 rl972t Mrs. Eugene E. Rebstock, L842 llunt Drive, requesting consideration to the city's sponsorship of a musical theatre group similar to the American Musical Theatre Academy, which pre sented Camelot recentl y in San Bruno. Following a report from Councj-Iman Mangini that he, too, had been highly impressed by the group's performance in San Bruno, t,he City Manager was requested to acknowledgeMrs. Rebstock's letter and also to refer the letter tothe Park and Recreation Commission and to the Art,/Cultural Center Committee. EUCALYPTUS TREES HISTORICAL MONUMENTS The Chair referred to an item in the Beautification Commission minutes of November 4, 1971, concerning a letter receivedby Commissioner Lorenz from the San Mateo County Historical Society advising that Eucalyptus Trees on EI Camino Real in Burlingame have been declared Historical Monuments. The Chair recognized Commissioner Lorenz and extended Council's congratulat,ions. LETT-TURN STACKING LANE, AIRPORT BOULEVARD Acknowledgment was made of a communication dated January L4,L972, from Anza Pacific Corporation, signed by George N. Keyston,Jr., President, concerning traffic hazards that exist in the area of Anza's Airport Parking Facility at 515 Airport Boulevard, creat,ed by the rapid growth of trees in the street islands and increasing number of left-hand turns into the parking lot. The communication offered two solutions to the problem--either to remove the trees from two center islands to give better visibility; orr preferably, eliminate 808 of one of the islands, thereby creating a left-hand turn lane, similar to those which were created during initial construction at the corners of Airport Boulevard and Anza Pacific Boulevard. The communi- cation stated there is $3,010.75 remaining from initial improve- ments in Bayside Improvement District No. 4, which should be adequate to cover the cost of the improvements and that if there is a shortage, Anza Pacific Corporation would be willinq to make up the difference. The Chair recognized Mr. David Keyston who reported that Mr. Kenneth Jones, counsel for the i.mprovement districts will prepare the required documents for Council's consideration whereby the funds can be expended for the construction work. The City Engineer asked if similar situations are anticipated at other locations; Mr. Keyston stated that additional bft- turn lanes may be required where new developments will generate heavy traffic. A report dated December 22, L97L from Sergeant R.J. Quinn,Director of Traffic, stated that the amount of traffic currently using the boulevard, and projected movements in and out of the parking lot, indicate the stacking lane would 797 be warranted. Mr. Keyston reported that Anza Pacific Corporation intends to do the actual work of construction. APPROVALS Warrants On motion of Councilman Mangini, seconded by Councilman Ma rtin and unanimously carried, Warrants Nos. 9447 through 9652, in the amount of $146,134.06, duly audited' were approved for payment. Payroll On motion of Councilman Mangini, seeonded by Counci.Iman l,tartin and unanimousLy carried, Payroll checks for December, L97L, Nos. 2587 through 3157, in the amount of S214, 5I8.85, were approved. ADJOURNMENT The meeting was regularly adjourned at 10:15 p.m., to an Executive Session to follow immediately. fully submit I 1 te City Clerk APPROVED: Mayor Pro