HomeMy WebLinkAboutMin - CC - 1972.08.07I2 ;
A regular meeting of the Burlingame City Council was
above date. The meeting was called to order at 8:05
Mayor victor A. uangini presiding.
Burlingame, California
August 7, L972
CALI, TO ORDER
the Chief of Po1
installation of
held on the
p.m.,
PLEDGE OF ALLEGIANCE
The city Planner led the assemblage in the Pledge of Allegiance
to the FIag.
ROLL CALL
Pregent - Councilmen: AmEtrup-Cus ick-Mang ini -Martin
Absent - Councilman: crosby
Councilman Crosby, on vacation, was excused.
MINUTES
lce lras reques te to nve st gate and report on
est corner of El Caminoa traffic sign at the northw
and Trousdale Dlive prohibiting rlght turn on red signal for south-
bound traffic on El Cami.no ReaI ."
HEARINGS
1. USED CAR SALES APPROVED, 1129 CALIFORNIA DRIVE.
2 AII{ENDMENTS TO !,IUNICIPAL CODE ZONING CHAPTER.
Mayor Mangini announced that this was the time and pIace, pursuant
to public notice, to conduct public hearings on proposed amend-
ments to Title 25, Zoning, of the Municipal Code.
The hearings proceeded as follows:
The minutes of the meeting of JuIy 17, L912, previously submitted
to council, were approved and adopted following a correction in
the item headed Traffic control E1 Camino,/Trousdale to record "that
Mayor Mangini announced that this was the time and pJ.ace scheduled,
pursuant to public notice, to conduct a hearing on the applicationof John L.i.nderman, 2154 Geri Lane, Hillsborough, for a used auto-
mobile dealer's license, the business to be known as Linderman Auto
center located at 1129 California Drive.
Declaring the hearing open, the Chair invited corrunents from the
floor favoring or protesting the apPlication. There were none.
The hearj-ng was declared closed.
A motion introduced by Councilman Amstrup authorizing issuance of
a used automobile dealer permit to John Linderman, dba Linderman
Auto center , Ll29 California Drive, was seconded by Councilman
Cusick.
on the question, Councilman Martin requested that the permit be
conditioned upon the appticant instalJ.ing a second restroom and,
in accordance with the fire inspector's rePort of June 29, L972,
removing existing make-shift electrical wiring and providing
additional fire extinguishers to supplement two existing units.
Councilman Amstrup accepted the amendment to the motion.
The motion was thereafter carried on a unaninous ro11 caII vote.
(Councilman crosby absent. )
(a. )as co
Ordinance No. 963tonauses r-nR-
To delete living rooms and sleeping roomsI (First Residential) Districts.
Dec 1ar ing
the floor
none .
the hearing open, Mayor Mangini invited comments from
favoring or opposing the proposed ordinance. There were
The hearing was declared closed.
The City Planner, responding to the Chairts invitation to comment,referred to Resolutions Nos. 2-72 through 6-72 and "Findings"attached, submitted by the Planning Conmission to support itsposition in recommending the ordinances to the Council.
There were no comments from Councilmen.
(b.) ordinance No. 964 To provide additional requirements for
the issuance of special pe rmits for gasoline service stations.
Declaring the hearinq open, Mayor Mangini invited comrnents from
the floor favoring or opposing the proposed ordinance. There erere
none.
The hearing hras declared closed.
There rrere no cornments from councilmen.
(c.) ordinance No. 965 To require off-street vehicle parking
for home occupational uses.
DeclarLng the hearing open, Mayor f,langini invited comnents from
the floor favoring or opposing the proposed ordinance. There
were none.
The hearing was declared closed.
There vrere no colunents from Councilmen.
(d.) ordinance No. 966 To make "Hotel Apartment" a conditional
use reguiring E sFeEiaI perm it in R-4 (Fourth Residential) Dis-tricts.
Declaring the hearing open, Mayor tttangini invited comments from
the floor favoring or opposing the proposed ordinance. There were
none.
The hearing was declared cLosed.
There r.rere no cotnments f rom Councilmen.
(e.) ordinance No. 967 To delete "offices of Physicians And of
others" as conditional uses requiring special perm its in R-3(Third Residential) Districts.
Declaring the hearing open, Mayor Mangini invited conments from
the floor favoring or opposing the proposed ordinance. rhere were
none .
ORDINANCE NO. 963 "An Ordinance Amending Section 25.28.030 (3)
oaThe Municipal code Provid ing For Conditional Uses Requiring
A special Permit In R-I (First Residential) Districts" was givenits second reading. on motion of Counci1man Cusick, second by
Councilman Amstrup, said Ordinance passed its second reading and
r.ras adopted on the following roll call!
296
The hearing was declared closed.
There were no comments from Councilmen.
297
AYES: COUNCILMEN: Ams trup-Cusi ck-Mang i ni-Martin
NOES: COUNCILMEN: None
ABSENT COUNCILTTIEN: CroSbY
oRDINANCE No. 964 "An ordinance Amending Section 25.74.020 of The
Municipal
Review Of
Code By Addi.ng Sub-Paragraphs 4 And Requirlng The
Development Plans In ltearings On App rications For A
service station Use" was given its second reading. on motion of
Councilman Amstrup, second by councilman Martin, said ordinance
passed its second reading and was adopted on the following roll
CAII:
AYES: COUNCILMEN: Ams trup-Cus ick-Mangini-Mar tin
NOES: COUNCILMEN: None
ABSENT COUNCILIT1EN: CTOSbY
ORDINANCE NO. 965 "An Ordinance Amending Section 25.08.350 (5)
5
of The Municipal code Regulat
Vehicles Incident To Home Occ
ing Traffic And The Parking of
upations" $ras given its second
reading. on motion of councilman AmstruP, second by Councilman
Martin, said ordinance passed its second reading and hras adopted
on the following ro11 call:
AYES: CoUNCILMEN: Ams trup-Cus ick-Mangini -Mart in
NOES: COUNCILMEN: None
ABSENT COUNCILIITEN: CTOSbY
oRDINANCE No. 966 "An ordinance Adding sub-Paragraph 6 To Section
25.2z.T3o of The Mun icipal Code Making A Hotel Apartmeat A Con-
ditional Use Requj.ring A Special Permit In R-4 (Fourth Residential)
Districts" was given its second reading. On motion of Councilman
Martin, second by councilman Amstrup, said ordinance passed its
second reading and was adopted on the following ro11 caII:
AYES: COUNCILMEN: ilmstrup-Cusick-Mangini-Martin
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: CTOSbY
ORDINANCE NO. 967 "An Ordinance Repealing Section 25.32.030 (3)
Of-m;-lfifElFaTlode Permitting offices of Physicians And of
others As conditional Uses Requiring sPecial Permits In R-3
(Third Residential) Districts" was given its second reading. On
motion of Councilman Martin, second by Counci lman Amstrup, said
ordinance passed its second reading and was adopted on the
following ro11 call:
AYES : COUNCILITIEN :
NOES: COUNCILMEN !
ABSENT COUNCITMEN:
Amstrup-Cus ick-Mang ini-Martin
None
crosby
COMMUNICAT IONS
1 REQU EST TO MODITY NORTHPARK APARTMENT AGREEMENT.
Mayor Mangini acknowledged a communication dated July 3I, 1972,
on the letterhead of J.H. Snyder company, South san Francisco,
signed by Henry L. Richman for L. Burlingame, Inc., requesting
the council's consideration to modification of the contract,
whereby the city consented to ilevelopment of the NorthPark Apart-
ment complex, to allow remodeling of the existing office building
located on the Northpark site.
building is in
interior and
e Northpark
convertinqt
The conmunication stated that the exterior of the
poor condition and it is proposed to remodel both
exterior, primarily as a management office for th
project, which would be a better arrangement than
units in the apartment buildings to office space.
298
The communication stated further that 18 of the 255 guest parking
spaces will provide reguired parking for the office building from
8:00 a.m. to 5:00 p.m., during the work week. The spaces will be
released evenings and on weekends to guest parking.
A report from the City Planner dated JuIy 31, 1972, advised thatstaff has received a request from J.H. Snyder Company to remodel
the building for use as their rnain officei because this is a
change in the plans approved by the CounciL, and the project was
sanctioned in the R-4 District by agreement with the city, modifi-
cation can be accomplished only by approval of the Council. Inhis communication, the Planner stated that J.H. snyder company
has been advised to subnit an application for amendment to the
Northpark special permit, requiring a public hearing before the
Planning Commission. This should precede final action by the
Counci I .
The City Planner, in response to the Chair, advised that the
buiJ-ding is located on the northerly side of the ProPerty and
shares a common walI back of the Union Oil station; the building
was shown on earlier plans, but the use not specified beyond
rental office and storage. Now, Snyder company wishes to occuPy
the buitding as its home office for the management of the locaI
project and any other projects in the bay area. It was the
Planner's recommendation that the matter be referred to the PIan-
ning Commission for review and returned to the Council for
consideration of a change in the agreement, since the proposal is
a totally new concept for the buiJ.ding.
Councilmen Amstrup and Martin protested that the use is contrary
to information given Council in earLier discussionsi furthermore,
the parking arrangement fails to meet code requirements.
Collune
par ti
nting that the application has been made by contracting
es with the city on an agreement that involves a variance,
ity Attorney advised that the subject is closed as far as
greement is concerned, if it is not Councilts desire toy the agreement. Hohrever, he pointed out, the appJ-icant
he righi to make applicatiA!-for a variance or use pernit
proc6ssed in the ir6rmarfi9[fgematter of the agreement will
come to the Council for resolution.
the C
the a
modi f
has tto be
sti11
Councilman Martin stated that to allow the building to be used
as proposed will create a non-conforming use in two respects--
use and locat,ion; an office buitding on property classified R-4
becomes non-conforming as to use, a building on the property line
becomes non-conforming as to location.
Pointing out that he has consistently opposed the Northproject since its inception, Councilman Martin introduc
to deny the request of L. Burlingame, Inc., to remodel
office building at 1011 Cadillac Way for the purposes o
office for J.H. Snyder ConPany. The motion was seconde
Councilman Amstrup and unani.mously carried. (Councilma
absent. )
park
ed a motion
the existingf a maindbv
n crosby
2. VE],VET TURTLE LANDSCAPING.
The Chair acknowledged a communication dated July 3L, L972,
from the City Planner reporting that a landscaping plan has been
filed by the developers of velvet Turtle Restaurant, as
required by the agreement executed between the city and saga
Enterprises, Inc.
A request from the Planner that th
Superintendent have the opPortunit
plan was grantedi additionally, thinvite comments from the Beautific
lanning Commission and Park
o review and conunent on the
ity lUanager was requested to
on Commission.
ePyt
eCati
21)1)
3. TENNIS COURT IMPROVEMENT.
its contract for improvement
and reconunended that the wor
communication, the City Mana
Under date of August l, L9?2, the Director of Public Works
reported that Malott Peterson-Grundy has satisfactorily comPletedt washington Park Tennis courts
e accepted. In an addendum to the
concurred in the recommendation.
sakb
ger
RESOLUTION NO. 52-72 "Accepting Construction-washington Park
Tennis Court-Job No.72-6" was introduced by Councilman Amstrup,
who moved its adoptj.on, seconded by Councilman Martin and unani-
mously carried on ro11 cal1. (Councilman Crosby absent.)
4. ASSIGNMENT OF LEASE, R.C.JOIINSON REALTY COMPANY.
The City Attorney, at the Chair's invitation, reviewed the back-
ground of the request submitted by Reynold C. Johnson Realty
Company to assj.gn its lease for a par
to another party. The City Attorney
delivered to the CounciL indicating t
sold its holdings and desires to assi
because the lease provides that the c
of city-owned property
erred to correspondencethe present tenant has
the lease to the buyer;
, as landlord, must
ceIref
hat
gn
ity
consent to any new tenant or assignment of the lease, the matter
was held from the last meeting for the Council to determine
whether or not it desires to grant the request.
Mr. Thomas W. Howarth, Vice President, ReaI Estate Division of
Reynold C. Johnson Company, and Mr. Andrew Stone, real estate
broker for the transaction, were present.
Acknowledgment was made of the City Attorneyrs report dated
August 3, L972, accompanied by a financiaL statement of tlarin
tlanagement Company, San Francisco, signed by Erwin D. Mieger,President; and a communication dated August ?, 1912, from the
Law offices of Cotton, Seligrman & Ray, signed by Jack H. Oliveidentifying Marin Management Company, a california corporation,
purchasers of the property and prospective tenant in the lease.
Councilman Martin asked a series of questions concerning iden-tification of the offbrs in the corporation, background, andtheir proposal for the property.
Council heard a report from Mr. Stone to the effect that theindividuals comprising management are experi.enced real estate
investors who acquired the property because of an excellent return
on the investmenti the firm was organized to purchase the particu-lar property, the use will continue as it has been and improve-
ments may be made in the future. He advised that persons in
Marin Management Company o$rn and operate Corte Madera Shopping
Center .
Follor,tlng conunents from Councilman Martin that the financial
statement made no reference to the shopping center and material
at hand $ras sketchy, Messrs. Stone and Howarth requested a delay
to obtain additional information.
RECONVENE
Following a recess at 8:35 p.m., the Chair reconvened the meetingat 8:45 p.m.
REYNOLD C. JOHNSON LEASE (cont.).
Mr. Stone reported he reached the attorney for the corporationby telephone, who agreed to appear before the Council within an
hour I s time.
300
(The discussion continued later in the meeting when Mr. Jack Oliveappeared. For purposes of continuity, the results of that dis-cussion are inserted here. )
Mr. Olive reported that Mr. Erwi.n D. Mieger is president and
treasure rhe (Mr . OI
rePorted t
and will h
aniv
ha
av
d principal stockholder of Marin Management Company,e) is vice president and secretary. Ur. OLivet the corporation is interested in other propertiese interest in other developments.
RESOLUTION NO. 54-72 "Authorizing Execution Of Consent To
Assignment Of Lease - R.C. Johnson Realty Company, Lessee, And
Marin Management Company, Assignee" was introduced by Council-
man Amstrup, r,{ho moved its adoption, seconded by Councilmancusick, and unanimously carried on ro11 call. (Councilman Crosby
absent. )
4. ?RAFFIC CONTROL TROUSDALE,/EL CAMINO.
CounciLman Martin suggested that the restriction be limited to
peak traffic hours .
Councilman Amstrup maintained there should be no right turns
against the red light at any time at that corner.
Further discussion was tabled pending a reply from the Divisionof Highways.
RESOLUTIONS
UNDERGROUND UTILITIES COMMITTEE.
The City Engineer, responding to the chair's request for comment,
explained that the subject of an advisory committee to the city
council in matters concerning undergrounding of utilities was
first broached by officials of the Pacific Gas & ElectrLc company
as a method of assisting then in progranuning enqineering work and
allocating funds for undergrounding projects on the basis of priority
Iists to be furnished by the various cities.
REsoLUTIoN NO. 53-T2 "Establishing Underground Utilities Coordina-
@ntroducedbyCounci1manMartin,whomoveditsadoption, seconded by Councilman Amstrup and carried unanimously
on roll call. (Councilman Crosby absent. )
The City Manager lras reguested by the chair to imPlement forma-
tion of the committee by contacting utility comPanies and the
chamber of Commerce .
ORDINANCES
:''l1. oRDINANCE No. 96I "amending The Municipal code By Adding
sub-ffiag:roiaFtr-TE-3Ec t i on 1 3 . 3 6 . 0 3 0B ( one Hour Park i, ng ) And
ReguLating Parking On The Northerly side Of Cadillac Way" was
given its second reading. on motion of Councilman AmstruP,
second by Councilman Martin, said ordinance Passed its second
reading and was adopted on the following ro11 call:
AYES: COUNCILMEN: Ams truP-Cus ick-Mangini -Martin
NOESs COUNCILMEN: None
ABSENT COUNCILMEN: Crosby
The Chair acknowledged a copy of a report prepared by OfficerC.J. Leonelli to the Chief of Police, dated July 26, L972, a
copy of a letter from the Chief of Police to the Division of
Highlrays, dated July 27, L972, and conunents from the city Manager
dated August L, L972, all relatlng to installation of a "no rightturn on red" sign at the northlrest corner of EI Camino ReaI and
Trousdale Drive for southbound traffic on E1 Camino Real .
earagiEp (
Southerly S
motion of C
Ordinance p
on the foll
301
2. ORDINANCE NO. 962 "Amending The Municipal Code By Adding Sub-
r) To Section 13.36.010 Proh ibiting Parking on The
ide Of Cadillac Way" was gi"ven its second reading. On
ouncilman Amstrup, second by councilman Martin, said
assed its second readingr and was unanimously adopted
owing ro11 caII:
AYES: COUNCIL,MEN: Amstrup-Cusick-Mangini-Martin
NOES: CoUNCILMEN: None
ABSENT COUNCII,MEN: CTOsby
UNE'INIS}IED BUSINESS
APPEAL HEARING - REMODELING AND ENLARGING T'ACILITIES
DRIVE-IN THEATERS .
1
Mr. David Keyston, Vi
recognition by the Ch
Planning Commission r
one additional screen
drive-theaters at 350action, Mr. Keyston a
Council.
The Chair announced that letters directed
telephone call he received indicate there
additional screen.
ce President, Anza Pacific Corporation, upon
air, referred to a recent action by the
ecommending approval of revj.sed plans whereby
may be added and alterations made to existinqf
Beach Road. on the basis of the Commision's
sked to withdraw the appeal on file with the
to the Council and a
is opposition to the
The City Attorney advised the Council on procedure, noting that
an appeal was taken to the city council followinq the Planning
Commission's denial of an application for two additional screensi
before the appeal was heard by the Council, the aPplicant modi-
fied his application by removing one screen, with the result
that lrhen the matter came to the Council to be heard it was not
the same appli.cation heard by the Commission; the Council,
acting within its jurisdiction on such matters, referred to the
Planning Commission for advice vrith respect to the modified appli-
cation and the Commission sent it back with a recommendation to
approve. the City Attorney pointed out that he explained to the
Council and the Commission that the latter body would be acting
in a wholly advisory capacity to the Council on the appeal.
Mr. Robert Delzell, L345 De Soto Avenue, reported he attempted to
register his opposition to the additional screen with the PIan-
ning Commission at its last meeting but was informed there was
not a public hearing but an advisory procedure. Mr. DeIzeII
asked for a delay of 30 days, if the appeal is not heard at the
present meeting, explaining that he expects to be away from thecity at the time of the next Council meeting.
1.1r. David Keyston reported he will be unable to be present at
the first Council meeting in September.
With council concurrence, the Chair announced that the hearing on
the appeal of Anza Pacific Corporation to erect a third screen
on the drive-in theater site and to remodel two existing theaterswill be held on Monday, September 18, 1972.
CERTIFIED RAW ttILK.
Mayor Mangini, for the benefit of the audience, explaine{^tJte,re j;s
an exj.sting ordinance in the city prohibiting the sale oflYa\f '-"-
milk for human consumption; there are people who consider this
unnecessary and have requested repeal of the ordinance. The Chair
reported that the city's health officer, which is the county
health inspector, has advised that the ordinance should be sus-
tained and the Council has heard arguments from both sides.
302
Councilman /\mstrup declared his position in support of
James M. Bodie, M.D., communicable disease doctor in charge ofmaintaining county heatth standards, who recommends againstchanging the existing ordinance .
Councilman Cusick noted that certified raw milk, labeled as pet
food and not fit for human consumption, is available IocaIJ.y butnot subject to inspection by the county health department; it
\.ras her recommendatlon that if the milk is to be sold in Bur-
lingame, it be subject to inspection by the health officer.
Councilman Martin agreed with Councilman Cusick that since theproduct is available, and the possibility exists that it is
being purchased for human consumption, there should be inspec-tion by the health department.
In response to a question raised by the Chair concerning inspec-tion of pet foods, a representative of the county health depart-
ment reported that all canned goods are inspected by the U.S.
Department of Agriculture, certified raw milk is inspected atthe source by the State health officer but not at the local
leve I .
A moti.on introduced
Attorney to modify tmilk in the City of
A ro11 call vote res
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT COUNCILMEN:
Cyrus
the Ci
Ronald
Augustthat he had anticipated an action b
meeting; since this is not possiblefor notice, he asked that the matte
August 21 and the date of the aucti
Councilman Martin directing the City
ordinance to al1ow sale of certified rav,
rlingame t{as seconded by Councilman Cusick.ted in a tie vote:
Cus ick-Martin
Amstrup-Mangini
Crosby
by
he
Bu
u1
The chair announced that the ordinance qri1l remain in effect,
unless amended at a future date.
NEW BUSINESS
REOUEST TO CONDUCT AUCTION.
J.ty
A.
19
McMillan, attorney, refeEed to an application filed withclerk under date of August 4, 1972, on behalf of
Rosberg, for a permit to conduct an auction on Saturday,
e. Mr. McMillan explainedDrivvth,berbeonc
, 1972, at 216 California e Council at the present
cause of the requirement
referred to the meeting of
hanged to August 26, !972.
Council indicated no objection; the Chair requested the applica-tion to be placed on the agenda of the next meeting.
NEWS ITEMT
CounciLman Amstrup referred to an article in today's issue of alocal newspaper quoting a statement to the effect that the Cityof Burlingame has 4 million dollars in the bank. As a member of
the Council budget committee, Councilman Amstrup reported that
the statements are misleading and the innuendoes questionable.
Councilman Martin, chairman of the budget committee, agreed that
the city could have that amount on deposit but the funds are
committed not surplus, simply because they are in the bank.
I5I7 NEWLANDS AVENUE.
Councilman Cusick referred to a memorandum from the City Planner
dated August. 7. L972, concerning iJ.Iegal use of first-residential
property at 1517 Newl,ands Avenue.
The city Planner explained there is a second dwelling on the 1ot,
created by remodeling an old garage without benefit of building
;j03
Permit. He stated that the property is listed for sale and thatthere is no legal basis for the two units on the R-l 1ot.
The City Attorney was directed by the Chair to file a lis pendens
enjoining multiple occupancy of first-residential property at
1517 Nelrlands Avenue.
ATTANTIC RICHFIELD SPECIAL PER}4IT.
communications were acknowledged from Atlantic Richfield company,
dated August 7, L972, signed by T.T. clausen, Real Estate
Property Management., and from the city Planner, same date, con-
cerning a special use permit approved by the Planning Commissionat its meeting of July 24, l9?2, for improvements at the Broadway/Rollins Road service station. The cornrnunications advised
subsequent to the Comrnission's action, it rras determined tself-service of gasoline is prohibited by the Fire code, tthe subject of self-service was not mentioned at the time
conmission hearing, and that there must be review of revisAtlantic Richfi.eld's request that the application be retur
the Planning Commission for further review and study was e
by the City Planner. The Council indicated no objections.
t
rsed
tha
hat
hat
of
ed
ned
ndo
the
plans.
to
COMMISSION VACANCIES .
A communication from the city Manager dated August L, L912, con-
cerned vacancies on Health, Safety & Traffic Commission and Civil
service Commission. The chair invited persons in the audienceinterested in serving on one of the commissions to submit their
names to the city Managerr additionally, the Manager was requestedto furnish Council a list of the names that are available.
REPORTS. CJ.t y Planner resume of Planninq Comnission actions,
meeting of July 24, L972.
MINUTES. Planning Conrmission, Jrly 24, L9722
Counci lman Martin referred to the hearing on an application for aretail store at 1180 carolan Avenue and to comnents in the secondto last paragraph on page 2, concerning issuance of a businessIicense on the 13th of June and installation of a sign without
the required permit.
The City Attorney reported there was some misunderstanding in
connection wj.th the business license but the applicant understands
now that he does not have a valid business license.
Mr. Thomas Sine, planning conunissioner, reported he did not observe
customers on the premises but the sign is in place--the building
department has not issued a permit.
At councilman Martinrs suggestion, and with Council concurrence,
the Chair directed the city Manager to have the building inspector
order the sign removed.
In response to Councilman Martin's reference to an action by the
Commission approving a variance to allow extension of non-
conforming si.ngle fanily dwelling, 1404 Palm Avenue, (page 13,JuIy 24, L972 minutes) and to discussl"on indicating there may be
problems of access for fire department equipment, the City
Planner reported there is on file a communication from the fire
department confirming no objection from the standpoint of firesafety. Councilman Martin requested the minutes be amended to
show that the letter exista.
ACKNOWLEDGMENTS
304
Beautification Commission, July 6, and Park and Recreation Com-mission, July 11, 1972, minutes r.rere acknowledged i as were
minutes of the Library Board, JuIy 18, 1972.
Councilman Martin referred to the Librarianrs Report of July 18,
Paragraph 1 1luil{i!91 and Paragrap h 2 "Interior And Items Left
orrt of The original Contract" and asked the cl t y llanage rto
determine the status of the Library project and !rhy, at th is latedate, bids are being called for on heating and a ceiling ventila-
tor .
Councilman Martin referred to copy of a communication dated
JuIy 18, 1972, from Assembl]rman Dixon Arnett, to the city Manager,
indicating support of legislation which, if adopted, may eventually
give broad environmental control to the Regional Water Qualitycontrol Board, a board that has no responsibility to anyone.
CounciLnan Martin expressed strong opposition to the bill and to
Assemblyman Arnettts indicated support.
RECONvENE
Following a recess at 9:30 p.m., the Chair reconvened the meeting
at 9:50 p.m.
ATTORNEY FOR POLICE AND FIRE DEPARTMENT ASSOCIATIONS.
Mayor Mangini accorded the privilege of the floor to the attorney
for the Burlingame Police Association, Mr. christopher Burdick,
and attorney for the Fire Fighterrs Association, Mr. Thornton Bunch,
in current labor negotiations.
Mr. Burdick referred to the newspaPer article mentioned by
Councilman Amstrup concerning the state of the city's treasury.
He reported that his clients were given the information by
Mr. william ward, negotiator for the city, trho also informed his
clients "that the City of Burlingame has a1I the money to buy
all of the benef j.ts you want. rl
The attorneys spoke at length in support of their client's stand
that the cily has failed to negotiate in good faith. Reference
!'ras made to cost and no-cost benefits proposed by Police and
Fire Fighters' Associations, to which there has been no response
nor counter-proposal; to the cityrs proposal , submitted after six
months of negotiations and rejected by the employeesr groups,
resulting in an impasse. Mention was made of difficulties the
employeei have encountered in attempting to contact the cityts
negotiator, in an effort to exPedite bargaining,ahd the employees'
reaction that the six months of negotiating have been for naught,
because the negotiator has no authority to take a position with
respect to employee requests. The attorneys discussed the recom-
mendation of the employees that the State Conciliation Services
be brought in to provide a mediator at no cost, in an attempt
to resolve the impasse, and the city's decision to 90 to fact
finding, a costly process that will create a financial burden
on their clients.
The council heard comments from the city Attorney to the effect
that if it has been established by a1I Parties concerned that,
in fact, there is an impasse, requiring the assistance of a third
party, determination as to what form of third Party^?ssistanceshaIl be obtained rests with the council, by reason7the Pro-
cedural resolution it enacted.
Mayor Mangini directed the City Manager to discuss the situation
with the city's negotiator.
ADJOURNMENT
The meeting was ad
personnel matters.
m.t Executive ses J-for
spectfu v submi tteI
DA
RA.I YOR
journed at 10:30 P.
Herbert K. White, City Clerk
AB 2376.