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