HomeMy WebLinkAboutMin - CC - 1976.01.0516
CALL TO ORDER
A regular meeting o
date in the Ci ty Haorder at 8:02 P.14.
he Burl i ngame Ci ty Counci I was
Counci I Chambers. The meeti ng
Mayor Irvi ng S. Amstrup.
hel d on the above
was cal I ed tofrll
by
PLEDGE OF ALLEGIANCE TO THE FLAG: LEd by Wayne M. Swan, City Planner.
Counci I
Counci I
Members
Members
Present:
Absent :
Amstrup-Crosby-Cus i ck-Harri son-Mangi ni
None
MINUTES
The minutes of the regular meeting of December 15, 1975 were approved and
adopted wi th the fol I owi ng correcti ons :
Fred Harve -Ai r ort Mari na Si n Permit:Page 2, Paragraphrt Mari na aware
egoti ated ?d his opi ni on that
unci I man Crosby as Mr. Jo n son was Ai rpo
L Item:
5 s/b "Cothat the sMr. Johnso
Ai rport Ma
e
ign was non-conforming when the [ease was n
n responded "no, " Counci Iman Crosby state
ri na had proceeded in good faith.
2. Item: Com ensat i on for Admi ni strati ve and Mi sce l I aneous Em o ees:
, Paragraph s/b Counc man ck state t appears t at
I has no al ternati ve but to accept the report.She felt thPage
Councof th
wi thto th
i s th
opera
surve
than
unfai
9
i
et
e
et
vtr
+
t
h
i
a
tt
much
eadtled
head
report was based on the faulty premise that the department
he i arges t budget and most empl oyees u nder his charge is en
highest salary. It is her opinion that the best departmen
oni who applies creative use of budgeted funds and keeps .
i ng costs ind number of empl oyees down. However, under thi
, ihe creati ve and effecti ve department head recei ves I ess
he inefficient department head. She considered this basica
and recommended it be recogni zed in future surveys '"
s
i n comellv
icationt
3, I tem:
Page 9, Para
Commi ssi on. "
wi th the Com
0rdinance No. I057 - Amendment to Herita e Tree 0rdinance
grap rs sentence, s r e at she, individual
eauly,me t
(Counci I man Cus i ck exPl ai ned th
mission. The committee did not. )
me
and adopted
be much
i ssue on
Paragraph 9, second sentence, " unde r-p rodu ct i ve " s/b "counter-producti ve. "
l,li nutes of the speci al meeti ng of December 19, were approved
wi th the fol i owi ng correcti on:
Page 2, last paragraph s/b "Councilman Cusick said it would
mori costly to coniolidate with the Primary than to place the
the bal l ot at the regul ar Muni ci pal el ecti on in 1978."
|l|i th referen ce to the minutes of December I9, Counci lman Harri son stated
he had no corrections but wished to correct a quote attributed to him
by the press in an article on the issue of appointive versus elective
ci ty clerk and city treasurer. He read from the minutes, Page 3,
Parigrpph 3 "Councilman Harrison agreed with Councilman Cusick with
respect to the need for qualified people, but he was not certain that
elettions always produce the most qualified." He explained that the
words "as this council demonstrates" were added when the statement
appeared in the newspaper. He stated the addition was a case of
ebi tori a li zi ng and, to'that extent, the newspaper quote was not entirely
f actuai.
CAND I DATES I976 MUNICIPAL ELECTION
I'layor Amstrup acknowledged the presence of and introduced CitY Council,
Burl i ngame, Cal i forni a
January 5, I976
ROLL CALL
us
an
L7
candidates Robert Fisse, Harry S. Graham and reminded that Vice MayorMangini and he are seeking re-election; for Treasurer, Herbert L. Sommer;for City Clerk, Evelyn Hi1l. Later in the meeting Council candidateGloria Barton was acknowledged and Treasurer candidate Frank Pagliaro, Jr.
COMMUNICATIONS
I. APPEAL HEARING SCHEDULED
Under date of December ?3, 1975, Adolfo Lopez, 1525 Cypress Avenue,appealed the decision of the Planning Commission in dinying a specialpermit for a rumpus room on the property at the above address. Ahearing before the City Council was scheduled for the regular meetingon January 19, .l976.
14ayor Amstrup commented there appear to beaccess0ry structures throughout the Ci ty.
hi s recommendati on that staff be di rectedprovisions and discuss possible revisions
2, CABLE CAR I.IASH NOISE NUISANCE
i ncreased probl ems wi th
Counci I members agreed wi thto revi ew exi sti ng code
wi th the Pl anni ng Commission.
In a I e tter dated December 29, 1975, Theodora
adv i sed that noth i ng has been done wi th regard
unan imous deci sion of the Ci ty Counci I at i tsto compel the owner to take immediate steps tosuffer revocation of hi s permi t to operate,
Schrader, 1045 Cadi llac l,Jay,to the noi se despite the
meeti ng on November I7,1975,
al I evi ate the prob I em or
The City Attorney reported to the Council that the City has receivedexcel lent cooperation from the owners. In a visit to his officethis morning, they displayed a noise study obtained at a cost of $500;i ntended structural modifi cati ons to al l evi ate the noi se wi lI totalbetween $5000 to $6000. but it will probably be a few weeks before thework is started. The Attorney's offer to inform Ms. Schrader by letterthat the work will commence soon $ras accepted by the Counc.i I.
3. CITY CLERKS'ASSOCIATION OF CALIFORNIA
Mayor Amstrup acknowledged the Ietter of December 'l 9, 1975, from theabove organization, signed by its president, Francis L. Greiner of theCity of San Jose, offering to assist cities in screening applicantsfor temporary or permanent appointed positions, and to help any new orprospecti ve ci ty cl erks become fami I i ar wi th the many statutory duti esof thi s offi ce.
An announcement (undated) from the San Mateo County Historic SitesAdvisory Committee, signed by Elizabeth Coonan, Project Dlrector, adv.isedthat the Committee was appointed by the Board of Supervisors to conductlocally the State Inventory of Historic Resources, irhich inventory isa result of the National Historic Preservation Act of 1966 requiring eachstate to produce a history plan and conduct a survey of its historiiresources. The communi cation stated that the Commi ttee i s aski ng eachcity t9 appoint an. individual (e.9. city historian) or group (e.g. localhistorical society)to be responsible for coordinating the ihvent6ry forthat.city. Names are to be forwarded to the Comm.i ttee as promptly-aspossible so that designated representatives will receive niltificallonof a me-eting for all city representatives to be held during the iatterpart of January.
I'l i th counci I concurrence , Mayor Amstrup di rected referral of the communi -cation to the City's Bicentennial Committee with a request it desig-nate someone to work on the project.
4. STATE INVENTORY OF HISTORIC FEATURES OF SAN MATEO COUNTY
AMUSEMENT LICENSES
I. RENEI.IAL OF DANCE PERMIT BOGART'S LOUNGE, 26I CALIFORNIA DRIVE
A communi cati on dated December
signed by Lieutenant Thomas B.
I6, 1975 from the Department of Police
Ch ase for Gera I d A. Nordstrom, Chi ef ,
18
advised that the department had not
dance/amusement acti vi ti es conductedof the permit was recommended.
experi enced probl ems re lati ve to
by thi s establishment. Renewal
Responding to an inquiry from Councilman Cros[, the.Chief of
expiained-the origiriai -permit was issued to " P e n g u i n . L o u n g e "th! change in nami to "Bogart's" requires a new permit.
The Ci ty Attorney advi sed he exami ned the - corporati on papers
with thL exceptibn of one change, the officers are the same
that operated the Penguin. The sole change is in the name.
A motion by Councilman Harrison to renew the dance permit for
of one yea; was seconded by Counci lman Crosby and unanimously
on rol'l call.
Pol i ce
and that
and
indi
that,
viduals
a peri od
carri ed
2. RENEI,lAL OF DANCE/ENTERTAINMENT
I55O OLD BAYSHORE HIGHhlAY
PERMIT CHARLEY BROWN'S
A I etter dated December 29 'L i eutenant Thomas B. Chase
objection to renewal of the
s ame type of operation.
Cou nci I man Mangi ni asked that
of time as the prior Permi t.
STAFF MEMORANDUMS
.l975 from the Department of Police signed by
for Gerald A, Nordstrom, Chief, offered no
permi t as s umi ng the pri nci pal s mai ntai n the
the
The
permi t be conti nued for the
Attorney adv i sed thi s would
Counci lman Mangi ni 's moti on to
by Counci I man Harri son , carri ed
approve renewal for the Year
unani mously on rol I cal l.
same amount
be one year.
I JOHN K. t^lRIGHT,
ANNOUNCEMENT O
ASSISTANT DIRECTOR, OFFICE
F RET I REMENT
was seconded
OF EMERGENCY SERV ICES,
Mayor Amstrup acknowiedged the letter.from Mr. }lright {qted.the lSth
oi'December,' 1975 reporIing his impending retirement effective 3Ist
of December, In aistussing t'tr. 11right's Iong and exemplary service
to the people of Bur'l ingame, Mayor Amstrup.announced-that Mr. 1,1right
never rbceived a salary. He gave of his time and talents to promote
inO imptement civil de?ense. -The Mayor mentioned that the Fire Depart-
ment ii planning a reception and the- City Council will honor him at
the annual Council-Commission meeting.
2. RADAR ENFORCEMENT OF SPEED LIMITS
Under date of December 1, I975, the Chief
to the City Manager on the above subiect
from Sergeant James 0.0'Brien, Director
Di stri ct Attorney, and Norman J ' Gatzert 'Court, Central Judicial District'
In his communication the chief of Police advised it appears that radar
enforcement will not be possible on the streets detailed in the Traffic
Oi"ectoris report, i.€,, 0ccidental , H ow a rd , . B ay s 91 a t e r and .Peni nsul a
nv"nuei and Hillsiae Drive becau se the pos ted speed I imit does not
conform t'r i th speed I i mi ts i ndi cated by engi neeri ng surveys '
The City Manager's recommendation in an addendum to the Chief's letter
that thi matt6r be referred to the January study meeting was accepted
by the Counci l.
Mayor Amstrup requested staff to communicate with the appropriate State
t eqi st ators iecommendi ng consi derati on to changes that vri I I make the
s titu te s Iess restri ctive on use of radar.
of Police submi tted a rePort
and forwarded communicltionsof Traffi c, Kei th C. Sorenson,
I I , Traffi c Referee, Muni ci Pal
s
t
d
Councilman Cusick stated there are schools on three (3) of the street
meniionea by the Director of Traffic. She asked what are the conse-
;;;;;;;-ir-ior.one ii-iiocred in a school zone, is not the spged.limi
in.i:"-Zs'miies-pei rrourt The Chief of Police responded that Iimit is
confi ned only tb school hours. Counci I man Cus i ck obiected to a pos te
19
speed hi gher than 25 MPH in school zones. She asked if enforcement of
the 25 MPH limit can be expanded to any time that children are present
on school grounds. The City Attorney agreed to pursue this and reportto the Counci I .
3. IilASTEl,llATER REVENUE PROGRAM
Under date of December 3l , .l975, the City Manager forwarded communications
from the City Engineer and from Jenks & Adamson, consulting sanitary andcivil engineers. In his communication, the City Manager reported thatthe revenue program presented by Jenks & Adamson to meet Federal and
State guidelines must be approved by the State l,later Resources ControlBoard. Following such approval, the City Council will be required to
take an offi ci al acti on i mpl ementi ng the consul tant's program. The
Manager's recommendation that the subject be di scussed at the January
study meeting was accepted by the City Council,
an
by
In response to Councilmon the formu l a applied
res i denti al and industr
December 29, the City E
Adamson's report where
Cusick's reque s t for addthe consul tants in estab
servi ce charges reci ted
neer made referen ce to t
compone nts are itemized
ti onal i nf ormati onishing Burl i ngame'sin their I etter ofe I ast page of Jenks &
ial
ng i
the
i
I
h
For the audience's i nformation, Mayor Amstrup expl al ned
changes in regul ati ons pertai ni ng to grant funds u sed i
wastewater treatment obl i gated Burl i ngame to preparati o
r{ater revenue program subject to State approval. Untilis approved, there will be no further grant funds; in f
Burl i ngame are bei ng wi thhel d.
PPLICATION FOR HOUSING &COMMUNITY DEVELOPMENT ACT FUNDS
tha
n fin of
the
act,
t recent
nanci ng
a waste-
program
fund s due
4. A
Under date of December 3l , I975, the city Manager forwarded for the
Councilis consideration iriformaiion from- the City Planner relative to
A"veiopment projects that may be funded in part by HCDA.monies. It
wis-tn! Managerls recommendaiion that projects-under 0ption,
ii.ri inoili"i-r'.*eii,-itoim Orain from'Howard Avenue to Burlingame High
School, Adviiory Sei'iiie (by county), !qn Interest Loans (by county)'
Program Managemint. Estimated cost: $70'000.
Second choi ce 0pti on "A" : Sani tary Sewer i n l4yrtl e -Road,from Howard Avenue to Burl i ngame Hi gh School ' Code Survey
Housing, Program Management' Estimated cost: $50'500'
ThiEd-ahoici 0ption nC": Storm Drain in Myrtle Road' Loil
Program Management. Estimated cost: $50 '000.
The city Manager reported that Burlfngaqre's share of second year_HCDA.
iiinai ii Sso,6oo, pius a possible $.t2;000 to $21,000 to be distributed
from avaiiaUie unuied HCDA funds on a competitive basis. He advised
that January 9, 1976 is the deadline for submitting proiects to the
county.
Mayor Amstrup asked i f onee projects
the City amend its application should
Ci ty Pl anner i ndi cated thi s mi ght be
two since there will be a period when
Storm Dra i n
of Hazardous
Interest Loans,
are submitted to the countY canprojects become too cos t lY. The
possible duri ng the next Year or
the projects are under review.
Counci I man Harri son asked i f the storm
were undertaken at an estimatsd cost of
tha t fi nal cost was goi ng to be hi gher,
the $20,000 al l ocated for low interest
opinion thi s woul d not be possible.
Councilman Mangini asked can it be assumed that Burlingame will receive
$70,000 to finince 0ption F? The Planner replied that the county has
an unspeot amou n t of $.l37,000. The di stri buti on of thi s $137 '000is undir study at the present time. Burlingame's share could be $12'000to $21,000 in addi ti on to the assured share of $50 ' 600. Counci I man Man-
gini asked about low interest loans. Uould this money be available to
i homeowner? The Planner advised that rehabilitation loans would be a
means of upgrading unsafe, unsanitary housing. The applicant would be.
4
drai n proiect
$40,000, and
cou i d mo neyloans. It wa
as an exampi e,
became obv i ous
trans fe rred f romthe Ci ty Pl anner's
it
be
s
20
required to meet certai n standards in order to qualify.
Counci iman Harri son asked about ho
Would the City be conmitted to undethere would be no commitment on thtati on I oan service program, a citform all of the work incidental to'I ender. The county will process agive fi nanci al counsel i ng, e tc. C
The Pl anner reported that the counresponsible for these functions.
ing advi sory service and the Ioans.ri te the I oans ? The PI anner advi sed
Ci ty's part. Under the rehabi I i -can contract wi th the county to per-
ompi I i ng a I oan package for the
I i cations, interview applicants,ies woul d not be i nvol ved in this.
has empl oyed a Ioan offi cer
unci I man Harri son expressed his
for funds. The Planner
could be a citywide project area
Cus i ck asked th at the map not
us
rw
e
c
ppit
ty
Coconcern that the City not add to local bureaucracy through partici-
Pati on in the program,
Mayor Amstrup was of the opinion that the City's participation bedirected torrard sanitary sewer improvements in Myrtle Road, storm drainfrom Howard to Burl i ngame Hi gh School at an approx i mate cost of $50,000;if the addi ti onal $2'l,000 becomes avai I able it can be used to subsidize
new water mai ns i n thi s same area of the Ci ty.
Councilman Harrison moved to approve Sanitary Sewer in Myrtle Road,
Storm Drain in Myrtle Road and across l,Iashington Park to Burlingame
High School, and new water mai ns - approxi mate cost $ 70,000. Moti on
seconded by Counci l man Mangi ni,
0n the question, Councilman Cusick asked location of the water mains.
The Ci ty Engi neer reported from Caroi an and Burl ingame Avenue, down
Burl i ngame to Anita Road , ove r Anita to Howard Avenue to connect into
two existing i0" mains, Councilman Cusick asked if existing density
i n the area is adequately servi ced by exi sti ng mai ns. The Ci ty
Engineer mentioned the proposed Casa Amigo development, a residencefor senior citizens to be built at the corner of Burlingame Avenue
and i'lyrtle Road. In connection with this project, the Engineer advisedthat the Fire Chief considered existing services marEinally adequate.
The Engineer reminded that the land is zoned for apIrtment use,there is a potential for greater density; should that occur, it is
doubtfu I exi sti ng water I ines woul d be adequate.
Councilman Cusick recalled that Casa Amigo agreed to give the City
$.l0,000 toward new mains. She stated any nei project in that area
should be required to make a similar contribution. It was her positionthat some HCDA funds should go toward rehabilitation of housing andnot al I to water mai ns and sev'rers.
Councilman Mangini stated he was satisfied from what the Planner reportedthat housing rehabilitation could be handled at the county level. The
Planner stated the county will have a staff to do the work. Hh*le there
may be some costs to the cities, HCDA funds allocated to cities could be
used to buy services from the county and expended for rehabilitation'I oans.
The Planner reported that the pr.incipals in the Casa Amigo project have
confirmed the $'l0,000 wi lI be forthcoming for underground utilities
when the project goes ahead. This money can be used for the sanitary
sewer, storm drai n or water mai ns.
Councilman Cusick referred to the project area map included in the
materiai forwarded to the City Council, She asked if it is necessaryto submi t the m
advi sed it was
and a map was n
be made a part
wi th the appl i cati on
3 .understandi id there
requi red. Counci lman
the ciaim.
ap
hi
ot
of
The City Pianner requested Council consider authorizing an additional
i tem in the appl i cati on for approxi matel y $5000 to cover Prog ram Man age -
ment Costs to offset the City's costs. He explained it will be neces-
sary to have a public works inspector in the field to oversee construc-tion of underground utilities, di sbursement of cl aim funds will
entai 1 addi ti onal accounti ng duti es, and there will be pl anni ng depart-
ment time allocated to management of the p!'ojects. f
2L
Counci I man Harri son summarized total aas approxi matel y $70,000. There wi l'l
Casa Amigo. He noted that all of the
Counci I i ncl ude Program Management at
where the addi ti onal $5000 can be inc
earmarked for construction. The Plan
money could be spent on the first two
nt i nvol ved in the pro jects
an addi ti onal $10,000 fromternatives presented to the000. He asked the Pl anner
ed wi thout reduci ng amounts
suggested that avai I abl e
ems - sanitary sewer and
mou
be
al
$5
'I ud
nerit
storm drain- with Program Management added as a residual and any
addi tional funds be accumul ated for the water mains.
Councilman Mangini mentioned that storm drain allocation might be
reduced from $40,000 to $35,000; the Engineer stated the project couldbe stopped at Bur'l i ngame Avenue.
Councilman Harrison was amenable to amending the motion to (l) include
Program Management wi th the understandi ng that the balance of di s-cretionary funds received from the county would be used for water mainsin 0ption "B", and (2) to add to the motion, with the consent of thesecond, that the project area map be de'l eted from the proposal submittedto the county. Councilman Mangini (the second) had no objection,
Mayor Amstrup asked will the $5000 be given to the City to pay forpart of one of the Planners' salary? The Planner explained the majorportion of the City's costs r{iil be in design and supervision ofconstruction of public utilities. Sal ari es of PI anni ng Departmentstaff wi lI approximate ?5%,
Counci I man Crosby i nqui red wi I I funds earmarked for storm drai n coveriust construction but no engineering services? The City Engineer
confirmed the money wilI be used solely in construction; engineeringcosts for design and inspection are included in Frogram ll|anagement.
Mayor Amstrup asked why staff cannot do the fieid inspection, TheCity Engineer stated it could be done but would overburden staff andother projects might be neglected as a resul t.
Councilman Harrison repeated his motion:
Approve: Sani tary Sewer i n Myrtl e Road (Burl i ngame Avenue to Howard ) ,
$r0,000
Storm Drain in Myrtle Road (Howard to Burlingame High School),
40,000
[^later Malns Burlingame Avenue and 200 block of Anita Road,
i 6,000
5,000 Program Management anddelete Project Area Map from application submitted to county. Motion
carri ed unanimously on rol I cal l.
5. HIGHLAND AVENUE ONSTREET PARKING CALIFORNIA DRIVE TO HOl,llARD AVENUE
In a memorandum dated December 26,1975, the City Engineer forwarded tothe City Manager a recommendation that the City Council consider legis-
I ati on to establ i sh 5 -hou r parki ng limit from 8:00 A.M, to 5:00 P.M.
Sundays and holidays excepted, on the northeasterly side of Highland
Avenue from California Drive to Howard; also, that the last two parking
spaces on Highland adjacent to Howard be designated l0-minute parking,
B:00 A,M. to 5:00 P.M., Sundays and holidays excepted. A copy of theTraffi c Engi neer's recommendation dated December 23 was attached.
In an addendum to the City Engineer's memo, the City Manager recommendedapproval subject to review by Traffic, Safety & Parking Commission.
With respect to the two l0-minute spaces, Councilman Harrison noted thatall corner parking has been made 24 minutes, He asked that this be
consi dered by Traffi c, Safety&Parki ng Commi ssi on.
Counci lman Crosby reported he was informed by the lessee of the busdepot that she had never been contacted nor been tol d that the bus stop
was to be relocated. The City Engineer advised there has been communi-cation with Greyhound and the City has their Ietters on file approving
4
the change. Councilman Crosby asked the City Engineer toperson at the bus depot and expl ai n what is being pl anned;might be interested in attending the Commission meeting.
RESOLUTIONS
1 . RESOLUTION NO. I -76
Runni ng ili th Lot 6lnil(Dollinger, 302 Lorton
who moved its adopti on ,ri ed on rol I cal l.
2. RES0LUTI0N N0.2-76 "Acce pt
Joi nt-Tie-O0TTaTT-Tl rc, Job No.
was i ntroduced by Counci I man Cro
ment To City 0f San Mateoto ci ti es of San Mateo, B
i ntroduced by Counci Iman
man Harri son , unanimously
Constructi on 0f Project Unit No. 248" (Great }lestern Pipeline Company), who noved its adopti on, second by
contact the
al so, she
(Dom P, and Eva M.
i n trodu ced by
Counci I man Crosby,
"Resolution Releasing Covenant And Condi ti onPart 0f Lot 5, BIock l, Burlingane Land Company"
Avenue ) was i ntroduced by Counci I man Harri son,
second by Counci I man Crosby, unanimously car-
ing
73-
sby
Councilman Mangini, unanimously carri ed on roll call.
. RESOLUTION NO. 3-76 "Accepti ng Deed 0f Easement "oppofillo::San-ta er and Drainage Easement) was
ounci lman Harri son, who moved i ts adoption, second by
2
C
C
unanimously carri ed on rol I call.
4. RESOLUTION NO. 4-76 "Accepti ng Deed 0f Easement
Sewer Easement ) and
(Ralph D. and
Mary P. ll4aFdinrrS T-tary
RES0LUTI0N N0,5-76 "Accepting Deed 0f Easement (Ralph D. and
Ma ry-F.-1,1a rt-Tn -:SIi'iI aTy 6ewer and Drai nage Easement )were introduced by Councilman Crosby, who moved adoption, second by
Counci lman Mangi ni , unanimously carri ed on rol I call.
5. RESOLUTION NO. 6-76 "Authorizing Execution 0f Agreement For 0verhaul0f Fire Apparatus" ,as introduced by Counci lman Harrison, who moved
adoption, second by Councilman Crosby, unanimously carried on roll call.
6. RESOLUTION NO.7-76 "Authori zing Execu ti on 0f Qui tcl aim 0f Ease-
( Bayfront Dike)"--Dike Easement granted
urlingame and Hillsborough in l91l--was
Cusi ck, who moved adopti on, second by Counci I -
carri ed on rol I calI.
7 . RESOLUTION NO. 8-76 "Auhori z i ng Executi on 0f Extension
ment For Establ ishment 0f Civic Art Gallery And 0ffices" was
du ced by Counci I man Harri son, who moved adopti on , second by
man Cusick, unanimously carried on roll call.
B. A RESOLUTION CONCERNING DEFERRED COMPENSATION
Under date of December 3i,of documents rel ative to ifor empl oyees, i ncl udi ng t
0f Agree-
i ntro-
Counci I -
1975, the City Attorney forwarded a series
mplementation of a deferred compensation plan
he agreement for executi on between the Cityand Grasberger Associ ates, Program Admi ni strator.
Mayor Amstrup asked for information on the number of employeesinterest in the program. The City |4anager responded 30 to 40.
indicating
that the language in Secti on 2, Page 2 ofates a situation of irrevocability. Hea participant cannot withdraw his invest-of the City?
Grasberger who advi sed thatpart i ci pant may withdraw fundsservice upon approval of the Cityi
l onger tax free regardl ess of
Counci lman i'1angi ni comthe " Mas ter " Agreement
asked is it the i ntent
ment if he i eaves the
Mayor Amstrup recognized Mr. Lewisin a s i tuati on of extreme hardshipprior to retirement or terminationonce funds are withdrawn they are
ci rcumstances.
mented
i ndi cthat
empl oy
J.
a
of
no
Counci lman Mangini as ked is the program subject to approval of theInternal Revenue Service? 1,4r. Grasberger responded "yes. "
Councilman Cusick asked what if any liability incurs to the City.
The City Attorney responded there is none, He cal led attention to
€rq
7
Secti on l0 "llaiver," Page 6 of the Master
asked if somethi ng happens to the fi rm of
can the employees hold the City liable?
mi 9ht be possible, but there woul d appearthat such a situation would develop.
Agreement, Counci lman Cusick
Grasberger & Associ ates,
The City Attorney stated thisto be no reason to expect
dmi
3
ormri te3
Mr. Grasberger reported his firm will be_ responsible for adminstrationand some accounting functions but willffl[ndle the funds.
Councilman Cusick asked who will be responsible for the money.Mr..Grasberger responded "funding institutions." Each emploree mustdecide type of investment desired, whether savings accounis or depositadministration accounts, the iatter offer mutual fund types of invest-ments. Councilman Cusick asked what are the consequences if something
!qppens to one of the funding institutions; can anyone hold the City -
liabie? Mr. Grasberger pointed out that savi ngs aid loans and banksare required by law to insure their accounts to a fixed maximum. TheCity Attorney stated that anyone electing stocks is investing in themarket. Councilman Cusick conmented there are so many placei .in theagreement where the City must meet certain obligations that she wasvery concerned about (l) liability to the Clty, (2) cost to the City.
I'layor Amstrup pointed out that the City Attorney advised the Councilthere is a hold harmless clause relieving the City of responsibility.
Counci Iman C
ment wherei n
Parti ci pant
2. Paragraph 6, Itembehaif of the City of3. Paragraph 7, Pagepared by the Program A4. Paragraph 9, Pagenot to provide any infof any ki nds wi thout r{5. Paragraph I0, Pag
assumed by the Ci ty.
referred to "llaive
s tated that " The
benefi ci ary hereo
," Secti on l0 of the Master Agree -ity shal I not be Iiable to thefor any gi stakes i
us i ckit isor any
r
a
ft
i
d
the maktng or retaining of any invesinvesting the funds so I ong as the Chereunder i n good fai th. " She state
G,
al I
3
ents, nor fory performs its
on the basisId-not be sorie
udgment i ns from
tions
I anguage,itv.
mt
nj
I os
i ga
hat
bi I
any
obloftliashe failed to understand how there cou
Councilman Mangini agreed to some extent with Councilman Cusick, buthe noted that the primary consideration is that the final decision asto how funds will be invested rests with the investor. councilman Man-gi ni expressed the opi ni on the Ci ty i s protected.
Councilman Crosby commented it would appear the only error the Citymight make would be to wlthhold too much from an employees, checkand that, in his estimation, would not constitute liaUility.
Mr. Grasberger emphasized that the Program Administrator will doprecisely what the empioyee.designates, and that is what the City willdo. He stated in other similar programs there have been no probiems.
councilman cusick stated if that is all the city is doing what do thefol I owi ng i nfer:
1. "Title and ownership of all accounts established under thisment shall be held in the name of the City of Burlingame DeferredCompensation Plan Account.', (Page 2, parigraph 3, A!reement withberger. )
Agree-
Gras-
Page 2, Grasbe rger Agreement: ,,Approval onprovisions of such forms. "requires the City to approve the brochure pre-
ni strator descri bi ng the pl an.provi des that the Program Admi ni strator i sati on regardi ng account baI ances or transacti onsten permi ssi on of the Ci ty.refere to accounti ng responsi bi 1 i ti es to be
councilman cusick stated if alI of these services are to be performedpv tne city surely_there will be costs. The city Attorney advised therehave been some negligible costs thus far and onci the program isimpl emented staff wi I I be performl ng certai n functi ons .
councilman crosby asked when the program will be operative. Mr. Gras-berger thought in approximately two months.
23
21
RES0LUTI0N N0. 9-76 "Authori zi n g Execution 0f Deferred Compensation
Pnogram TdmTnfatrafor Agreement Between The City 0f Bur'l ingame And
Grasberger Associates, was introduced by Councilman Crosby who movedits adoption, second by Councilman Mangini, carried on following roll
cal I :
Counci I
Counci l
Members
Members
Aye:
No:
The 0rdi nance was given its second readi ng 'Harri son , second by Counci lman Mangi ni ' the
second readi nq and was {J+}n-irfrft++r adopted6-*.-.; ;:,,. -. - \^r.-.*\ v,s\.s.i-.,- r -;
ORDINANCES - Second readi ng:
I. ORDINANCE NO. I058 "AN
The Muni ci pa1 Code Concern
Theaters in C-l Di stri ct)in
(P
December 15, .l975). The Ord
moti on of Counci I man Mangi ni
0rdinance passed its second
rol I call.
Counc i I Members
Counci I Members
Amatrup-Crosby-Harri son-Mangi ni
Cusick - believed there is cost to the City;
i t !,ras. menti oned as a f ri nqe btin€f i t
ind' lS such shou ld be cons i dered under
salary negoti ati ons.
0rdinance Amending Section 25.36.020 0f
9 C-l Di stri ct Regul ations" ( Prohi bi ti ng
ubl i c heari ng at Ci ty Counci I meeti ng of
inance was given its second reading. 0n
, second by Counci I man Harri son the
readi ng and was unanimously adopted on
0n mot i on of Counci lman
0rdi nance passed its
on rol I call
2. 0RDINANCE I059 "An 0rdinance Adjusting The Compensation 0f The
Cl erk And Treasurer
Noi se Regul ati on'1 "
Declaring the hearing open, Mayor Amstrup invited.comments from thefloor. ihere were none. The hearing l{as declared cl osed.
Councilman Mangini pointed out there is no mention of time of -day as
far as noise niisante. The City Attorney advised that time of day
can be very i mportant in assessing a noi se nui sance. Counci lman Crosby
asked aboui a heighbor who operatis a power mower at 6:30 in the morning.
The Ci ty Attorney- i ndi cated thi s coul d be cause for compl ai nt.
Aounci Iiran Crosby asked how can one seek relief. The Clty Attorney
suggested the fiist approach is to attempt !q.talk with the person;
if-[hat fails, and if there appear to be sufficient grounds' the person
can Ui cited. The Attorney ihformed the Council this type of ordinance
has been uphel d in court.
there is a certain amount of
what is and what is not allowed.
created by ai rpl anes, trains
lawn mowers. She felt this
refereei ng squabbles between
3. 0RDINANCE NO. lO60 "0rdinance Adding Section .l0.40.035 Concerning
Counci I man Cusi ck expressed concern that
vagueness; the I anguage fdi I s 'to d€fi ne
The Ci ty cannot regul ate.,noi se nui sances
and trucks but i s attempti ng to regul ate
would place the City in the position of
neighbors.
The 0rdi nance was gi ven i ts second readi ng . 0n moti on of counci I man
il""i son ,
-iaeond u! Counci lman Crosby, thg 0rdi nance passed its se cond
readi ng and was decl ared adopted on fol I owi ng rol I cal I :
Aye : Amstrup-Crosby-Harrison-Mangi ni
No: Cusi ck for reasons given
14ayor Amstrup announced adoption of the legislation wil l reduce
sai aries of the two offi ci al s to that establ i shed for 0ounci I membe rs .
Declaring the hearing open, the Chair invited comments from the floor.
Frank Pagliaro, Jr., candidate for City Treasurer, inquired who is
responsible for the premium on the $.l00,000 bond required for the
Treisurer. The City Attorney advised the City pays for this type of
bond. There were no further comments from the floor. The hearing
was decl ared closed.
OR4 ?-,
UNFINISHED BUSINESS
l. Solid [.laste Management Pl an:
subject ii to be diicusied at thto taking a fi nal action at the
Discussion of Budget:
Counci I man Mangini reminded
e next Counci I study meeti ng
next regul ar meeting.
Mayor Ams tru p as ked that the Fi nance
study meeti ng to respond to questi ons
e Capi tal Improvement Budget.
that this
p re pa tory
,
be
by
Director
rai sedi nvi ted to
Cou nc i I man
the January
Cusick on th
3, Properties on Arundel Road: Councilman Cusick reported she has
recefved seveial comtTat-ntt about a contractor 's storage yard onthis street. She stated there are 2000 to 3000 bricks and squaresof roofing material on one of the properties, as welI as a lean-tobuilt without a permit, She stated if the person rresponsible intendsto improve the properties as he indicates llhy has applicati6ri not been
made for a bul I di ng permi t?
4. lB24 Barroilhet Avenue: Councilman Cusick reported this property
cont@hborhood hazard, i nvi ti ng vagrants and other
problems. There r{as a report a child was attacked there. The City
Manager reported the City has been trying for years to resolve thesituation. The owners live in Southern California and correspondencewith them has been difficult. The Clty Attorney was requested toinvestigate and to report to the Counci l.
NEI^l BUSI NESS
I. City Council Salary: Councilman Harrison stated that'as the resultof the recenT-ompensITion adjustment for employees approved Fy the
Council, he did some invest'i 9atin9 on eity eouncil compensation in
San l"lateo County. He learned that Iegislation passed by the State providesfor an annual 5% increase in salaries paid council people, and certaincities have been doing this consistently. He mentioned Pacifica,
Foster City, Menlo Park, San Bruno. The City of Burlingame has never
changed its rate; based on number of hours spent in conducti ng City
business, compensatlon received is more in the nature of an honorarium
than a salary. He recommended that Iegislation be prepared providingfor the increase aliowed by law to become effective at the proper
time following the municipal election in March, 1976. Mayor Amstrup
directed the City Attorney to confer with Councilman Harrisonprepatory to submitting an ordinance for the Council's consideration.
ACKNOWLEDGMENTS
1. Communication from F.W. HeI lman, 1256 Capuchino Avenue,
tenni s faci i i ti es , and the Ci ty Manager's comments re l ati ve
The Ci ty Manager was requested to respond to Mr. Hel I man.
concerning
thereto.
2
o
. Ana lysi s of Clerk-Treasurer Proposi tion: Prepared by Ci ty Attorney
o be distributed with elecfion material to voters. There were no
bjectlons from the Council to the text.
3. Copy of Environmental Protection Agency proposed California Air
Pol I uti on Emergency Pl an.
4, Coal i ti on of Concerned Ci ti zens, l5l9 Rollins Road , Burl i ngame
news I etter.
5. City Planner report of Planning Commission meeting December 22, 1975,
Park & Recreation Commission minutes, December 9, Planning Commission,
December 8, Traffic, Safety & Parking Commission, December l l, I975.
Respectfu l ly submi tted,
Herbert K. l,lhite, Clty Clerk
_tt--rt(,-:r. ;'/ Zl/t
ADJ0URNMENT: At 9:30 P.M
DEFuty C,lty CIerk
/a