HomeMy WebLinkAboutMin - CC - 1972.05.15!;) l)
CALL TO ORDER
Burlingame, California
ltay 15, 1972
The City Planner 1ed the assemblage in the Pledge of Allegiance
to the F1ag.
Present !
Absent :
Councilmen Amstrup, Crosby, Cusick, Mangini, Martin.
Councilmen: None.
Minutes of
mailed.
the regular meeting of Iqay 7, 1972 were accepted AS
CERTIFIED RAIY MILK
Itlayor !{angini referred to the presentation by Mrs. I{ussman con-
cerning the sale of raw milk in BurI ingame, postponed from the
last meeting, and stated postponement was again reguested by
Mrs. Mussman to the meeting of June 5, 1972. Council agreed with
this request.
RESOLUTION NO. 29-72 "Resolution of the Cit y Couneil of the Cityof Burlingame of Intention to Obligate Apportionments--Toplcs
Program" was introduced by Councilman Amstrup, who moved its
adoption, seconded by Councilman Crosby and decLared accepted onthe foLlowing roll call vote:
AYES:
NOES:
COIJNCILMEN:
COI'NCILMEN:
Amstrup, Crosby, Cusick, Mangini, Martin.
None.
Amstrup, Crosby, Cusick, uangini, l.tartin.
None.
Amstrup, Crosby, Cusick, Mangini.
I{artin.
RESOLUTION NO. 30-72 " Establishin 9 Fees for Filing Applications
and for Inspections for Grading, Excavation and Fills,, was intro-
duced by Councilman Martin, vrho moved its adoption, seconded by
Councilman Amstrup and declared accepted on the following roLl call,
vote:
AYES:
NOES :
COTINCII,IIEN:
COIJNCILMEN:
RESOLUTION NO. 31-72 "cal-Iing a Public Hearing to Determine whetherPublic Necessity, EeaLth, Safety or Welfare Requires the Formationof an lrnderground Utility District--Chapin Avenue - El Camino ReaLto Primrose Road " was introduced by Councilman Cusick who moved itsadoption, seconded by Councilman Crosby and declared accepted onthe following roll call vote:
AYES:
NOES :
COI]NCILMEN:
COI]NC I I,MEN :
A regular meeting of the Burlingame City Councj.l was held on
May 15, 1972; called to order at 8:00 p.m., with Uayor Victor A.
Itlangini presiding.
PLEDGE O8 AI,LEGIANCE
ROLL CALL
!.,lINUIES
RESOLUTIONS
256
1. P.G.& 8., REQUESTS RIGHT OF IYAY
A letter from the Pacific Gas & Electric Company dated lilay l-O, L972,
requests a five foot right of way, located within a city of Burlingame
parking lot south of Burlingame Avenue bet\rreen Primrose Road and
E1 camino Real, be granted to the P.G. & E. Co., for a gas main.
A drawing attached to their letter delineated the exact location.
In response to inquiry, Mr. Karme1 , City Attorney, stated the
area involved is property belonging to the City Parking District
and paid for with bond funds. It would, of necessity, have to
be first excluded from the Parking District. If Council is
willing to grant P. G. & E., their request to use this location
for their gas line, it was suggested a temporary revocable Permit
be given to be followed by the necessary action that will exclude
the area from the Parking District.
Councilman t4artin requested that if the City ever decides to
double deck the parking lot and should need the space for columns
-']
or
D
P.
be
footings or any other type of suPPort
c. & 8., will agree to move the 1ine.
G. & E. Company, in attendance, stated
acceptable with P. G. & E.
or floor structure, that
A representative from the
that the condition would
Mr. Karmel explained the requirement of drawing uP an agreement
with the statement granting a temPorary revocable permit to make
the installation, with an oral resol-ution; and the second step
woufd be to authorize proceedings to exclude it from the District
with the hearing seheduled for the meeting of June 5, 1972.
Councilman Amstrup moved the authorization of the proceedings by
RESOLUTION NO. 33-72 "A Resolution of Intention to Make Changes
and Modifications--Burlingame Avenue Area off-street Parking District "
to exclude the property from the Parking District. Councilman Martin
seconded and all votes were affirmative.
2. CIVIL SERVICE RULES AI*IENDMENT
Mr. schwalm, city Manager, was asked for information regarding the
changes requested. He explained this is necessary in order to
remain eJ.igible for P.O.s.T., contributions for training exPenses.
The Police Officers traj.ning period is eighteen months with P.O.S'T',
and a change in our rules is requested from a twelve-month pro-
bationary period to eighteen months to better conform to their
P rogram.
Councilman Martin asked if there would be any advantage to changing
the rule so that all are under the eighteen-month probationary
period. Mr. Karmel suggested that since the change is being made
to meet P.O.S.T., requirements, corunents from other department heads
concerning the proposed eighteen months should be solicited, or if
the one year is satisfactory. He explained that it might be wise
to meet and confer now rather than have any action challenged'
The City Manager, as employer rePresentative, was requested to
consult the department heads and rePort for the .Tune 5th meeting'
COMMIJNI CATIONS
Councilman Martin then moved the granting of a revocable temporary
permit to Pacific Gas & Electric Company in the area on their map
as submitted. The motion hras seconded by Mayor lvlangini and all
voted in favor of the motion.
257
3. BICYCLE ROUTES
Mayor Mangini declared the Citizens B j.keway s Committee deserved a
great deal of credit. They started working early in December, 1971,
and have met with representatives of City Comnissions at various
times. Their work culminated April 10, 1972. He then recognized
Mr. and lilrs. stevan D. o1ian, Co-Chairmen of the Committee. and
Iilr. oLian introduced members present: Mr. Frank Seebode, 910 Laguna
Avenuei Dr. A. B. Co11om, 310 Chapin Lanei Ms. Sue Frecker,
1245 Murchison Drive, t1illbrae; and lrlr. Bernard Shepard, 2701 Easton
Drive .
councilman Amstrup then introdueed RISOL,UTION NO. 32-72 "Ado pting
A system of Bike Route Through the city of Burlingame " and moved its
adoption, seconded by councilman cusick, it was declared accepted
on the following ro11 call vote:
AYES:
NOES :
COIJNCIL}IIEN:
COTJNCILMEN:
Amstrup, Crosby, Cusick, Mangini, Martin.
None.
Mayor Mangini referred to Resolution No. 28-72 "Determining that
there is a need for a Parkj.ng Authority..... " and asked tlr. Karmel
for any comments or guidance. !1r. Karmel responded that the pur-
pose of adopting this Resolution is merely to set up formally that
vrhich exists in the State Laqr. llhis Resolution has been prepared
by 1,1r. Kenneth I. Jones, Attorney for the District, and declares
there is a Parking Authority in the City of Burlingame which will
be ca1Ied into active duty by this Resolution. The members of
the Authority will be the city council itself.
The question was raised as to whether once a Parking Authority has
been created, aI1 parking matters within the City must of necessity
be acted upon by the Parking Authority? Mr. Karmel- replied that he
believed this would not be necessary but only those particular matters
on parking areas that are referred to it.
Councilman Martin quoted paragraph four of the Resolution and expressed
concern over the use of the word "shalI" in relation to their juris-
diction over any parking project, and requested it be eliminated.
Mr. Karmel replied to his request that it would be necessary to amend
it on its face before it is adopted. The original should be changed
by deleting the word rrshallrr and using the word
In response to the question, the City Clerk stated the change had
been rnade.
councilman Martin moved the adop tion of RESOLUTION NO. 28-72
"A resolution Dete!:rnining that there is need for a Parking Authority
in the City of Burlingame Under and Pursuant to the Parking Law of
L949 to Function in the City and Declaring the Council of the City
of Burli.ngame to be the Parking Authority " seconded by Councilman
Amstrup, it was declared accepted on the followj.ng roll call vote:
AYES:
NOES :
ORDINAI{CES - None .
Amstrup, Crosby, Cusick, llangini, Martin.
None .
4. PARKING AUTHORITY
COtNiICILMEIiI:
COIJNCILIT1EN:
258
IJNTINISHED BUSINESS
1. COMMISSION REAPPOINT}4ENT
2. ZONING VIOLATION - 136 Occidental Avenue.
A petition signed by ten persons was acknowledged. It refers to
property at 136 Occidental Avenue which is for sale. The property
is in violation of the zoning code due to a dwelling unit over the
garage at the rear. lf]rey believe this wouLd be the appropriate
time to inform a prospective buyer as to the status of the property.
Reappointment of
for another term
Mr.
an
be
!1r.
all
Col . E. L. Norberg
of four years was
to the Planning commission
unanimously conf irmed.
Karmel suggested the petition be referred to him to commence
action at his discretion in order to embarras a sale that might
consummated in the meantime. councilman llartin moved that
Karmel's request be granted. seconded by councilman Amstrup,
voted approving the motion.
3 PARKING STUDY
Council-man lvlartin referred to the Parkinq Study which had been
discussed at previous meetings. He mentioned there was an indi-
cation that it may require the expenditure of general fund money
to start the study. He reconunended going ahead with the contract
with one of the four firms but that it be written in such a way
that it can be cut off at any time. He suggested starting that
portion of the work that has to do with the inventory. At the
same time, negotiations should go fon ard with the Broadway portion
of the study, although there is no definite cost figure at the
moment, with the sarne general requirements in both cases. He
suggested Mr. Karmel be asked to draw up a contract with the
understanding that there be cut-off dates established.
Councilman Amstrup emphasized the importance of the study to
supply the necessary information to Proceed.
councilman cusick stated it is her understanding the assessment
funds were to acquire parking lots. Can Assessment District funds
be used for a study that was not a part of the original District?
Mr. Schwalm had made this inquiry of Mr. Kenneth Jones and he
indicated it might be possible to be so used.
Councilman l\,lart in suggested that since the expenditure of funds
is to be made from general fund money for Broadway, the same
method be used for the Burlingame Avenue District with the under-
standing that if, in the future, there is a further contribution
to either District, that this amount be deducted from the money
which the City t/rill undoubtedly pledge to the District.
Following further discussion, Councilman Martin moved that
Deleuw, Cather & company be hired to make the survey of the
Burlingame Avenue District and the Broadway Area, and that this
contracting be drafted either jointly or separately as the City
Attorney desires, with the proviso that the contract may be cut
off at any time .
Replying to an inquiry.
that the money t^rouLd be
Councilman Martin expressed the assumption
used from the General Fund.
2s9
Councilman Amstrup requested an amendment of the motion to include
the request that council be constantly appraised of the Progress
being made. Upon approvaL of the amendment, Councilman Amstrup
seconded the motion, which was adopted upon the folloaing ro11 call
vote :
AYES:
NOES :
COI]NCILMEN:
COI'NCILMEN:
Amstrup, Crosby, Mangini, l"lartin.
Cusick.
councilman cusick inquired why some of the
not be done by City Staff and thereby save
investigative work could
a substantial sum.
4. SAIES TAX
Councilman Arnstrup read a letter from the Board of SuPervisors of
san Mateo County. dealing with the l,1i11s-Alquist-Deddeh Act, sB 325.
The Board of Supervisors approved recommendations in the rePort concern-
ing: (l-) The use of b/" sales tax money--or Local Transportation Fund;
and (2) additional money available from the existing 1% sales tax to
become effective on the sale of gasoline.
RecoNnendations are that all available funds be held in reserve until
voters decide the future of rapid transit in San Mateo county. If
the cities' funds are not needed, the funds would be returned to the
cities, including accrued interest. Ttre Board of Supervisors urges
council to adopt the proposals and is also presenting their report
to the Council of Mayors.
One of the cities has already notified the Board of Supervisors they'i.
would much prefer the money be kept in their ovrn treasury and should '"
the voters elect a County-wide system, they will return it to the
County of San Mateo. l tre City of San llateo prefers to keep their
own funds.
Councilman Martin reported this item had been discussed among three
or four cities. Belmont, Foster City and Burlingame are too small
to operate their own local transportation system, but the City of
san Mateo could probably do so, similar to the City of Redwood City.
$t
Councilman Arnstrup recomrnended the city Ivlanager be instructed to
write a letter to the San Mateo County Board of Supervisors to the
effect that the City of Burlingame would prefer to keep their funds
in their treasury until such time that the voters would determine
the rapid transit system on the PeninsuLa. It was also requested
if Council might receive copies of the decisions reached by other
cities -
Councilman crosby requested this topic be held over until next meet-
ing to give an opportunity for further study. When it was stated
the Council of Mayors meeting is scheduled for May 26th. Councilman
Martin was instructed to agree with the City of san Mateo in this
regard, but this would not preclude the study of other aLternatives.
NEW BUSINESS
F,..\
1. Mayor Mangini acknowledged a letter from Gerald F. Day, Chairman
of the San Mateo Local Agency Formation Commission, containing the
information that Vice-l4ayor Mary Henderson vras elected to the
Commission for the term endj.ng !4ay 1, 1974, and Mayor George corey
was elected for the term ending f4ay L, 1973. They will be attending
the next regu).ar meeting of the Commission on l{ay 17, 1972 and take
the oath of office. This letter is to be referred to the city Attorney
and City Manager.
260
2. Commission Vacancies. A letter from City Ivlanager
acknowledged concerning two vacancies existing on the
commission and it was announced applications would be
prior to the council meeting of June 19, L972.
S chwalm was
civil service
accepted
Control District. Letters from the
of san Mateo were acknowledged.
a resolution bearing their endorse-
amendment to ReguLation 2 of Air
an inquiry, it was stated aII of the members of this
elected officials.
3. Bayfront Park. A communication from the BurJ-ingame Park and
Recreation Commission was read commending Council for the provis-
ion of the Bayside Park. fhey are delighted with the area. They
requested consideration of their suggestions to: (I) Instal-I a
complete trap backstop. (2) Fence at first and third base sides.
(3) Remove thorny trees near the northwest baseball- diamond and in
the soccer field.
Council is taking their suggestions under advisement and wil.L
authorize the necessary aetion. It was mentioned that the loca-
tion of the sprinkler heads near the base pads is hazardous. 1[he
city lvlanager vras requested to have them moved three feet away
from the base l-ine.
4. Proposition 9 . correspondence from Anza Pacific corporation
asks Council to pass a resolution opposing Proposition 9 on the
forthcoming ba1lot. Council agreed the city could not take a
position on this nor could they collectively pass a resolution,
but they each could as individuals. Mayor Mangini referred to
the Municipal Financing Letter of May 5, 1972. page 2, for additional
information.
5. Regulation 2, Air Pollution
City of Palo Alto and the City
The City of San Mateo included
ment in opposition to proposed
Pollution control District.
The Mayor of San Mateo expressed concern over the procedures and
extra work caused by the permits. The Air Pollution District Staff
realizes it r+ill take cooperation to work out a system that will
not be an extra burden on the staffs of the cities.
In answer to a question, Chief Moorby said this has nothing to do
\^'ith Proposition 9. It will have something to do with land use
planning if they can permit or deny certain structures in certain
locations.
Councilman Martin stated this is the third agency that is author-
ized under the state Act to make land use studies. He mentioned
the Metropolitan Transportation Commission and the new Sewer
Service Agency coming into existence iluJ"y 1st.
In answer to
Agency are
When asked if there is any action to be taken, it was replied that
the regulation, as drawn, wj.1I not affect the individual cities
immediately and it will probably be some tjme before there is
direct effect on cities. They specifically state the items they
chief R. E. Moorby reported on a meeting he attended. In amending
Regulation 2, they are endeavoring to put in a permit system for
the control of emissions from stationary objects. If the amendment
goes through, they will work on a permit system. For the first
four years the permit will be on emissions only. After that,
permits will be judged by the effect emissions $ii1l have on air
quality.
lrant to control right now, which are those that have a direct
effect on air pollution.
The city Manager vras then requested to errite
exp).aining the position taken by the City of
a letter to the Board
Burlingame.
Appreciation was expressed to Chief Moorby for his report.
ACKNOWTEDGI,IENTS
PROCLAI\,IATION
l.layor Mangini proclaimed the days of ,June 3 ,
as BI,RLINGA},IE DAYS.
1972 through June 7, L972
REPORTS & MINUTES
Monthly Reports from the Fire and Police Departmentst Minutes of
the Library Board for April 18, 1972; and Minutes of the Parking
commission meeting for April 26, 1972, were acknowledged.
The Police Department was comrnended by council for apprehending the
"Cat" burglar and for their increased efficiency vrh ich has resulted
in the reduction of crj.mes in almost every category of their report.
COMMI'NTCATIONS
1. As an activity associated with "Burlingame Days" there wilL be
Little League Baseball cames on Sunday and Monday, May 2O and 21st.
2. Mayor Mangini acknowledged a letter from the Burlingame Chambe r
of Commerce Board of Directors vrho are unanimously approving inprinciple the need for a Comnunity Arts and Cultural Center.
3. A booklet presented by the Burlingame Police Department entitled
"Bicycle Safety" was acknowledged with approval.
4 An invitation from the city of Pacifica
of a National Historical site--the site
discovery of San Francisco Bay, Sunday,
was extended to Council.
to attend the commemoration
of the Portola Expedition ' s
May 21, 1972, aL 1:45 p.m.,
A letter from I{r. Dale Perkins, Art Consultant, Bur}ingarne School
District, containing a list of projects being considered, to be
submitted to the June City Council Study Meeting was acknowledged.
6. A letter from Mrs. cladys Browning was read acknowledging, with
appreciation, Council's recognition of her husband's career and
activities in the City of Burlingame.
APPROVALS
5
Warrants: Month of ylay, 1972, Nos. 327 through 535,
$227,379.72, duly audited, \.re re approved for payment
Councilman cusick, seconded by Councilman Crosby and
carried.
in the amount of
on motion of
unanimously
Payroll: llonth of Apri1, 1972, Checks Nos. 4943 through 5536, in
the amount of $225,094.9.5, were approved on motion of Councilman
Cusick, seconded by Councilman Amstrup and unanimously carried.
261
262
AD.fOURNMENT
llhe meeting was regularly adjourned at 9:45 p.m.
Respectfully submitted,
^ZE-rbert White
ci-ty cLerk
Vi ctor A @in:-
pro ved
Mayor