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HomeMy WebLinkAboutMin - CC - 1970.07.20896 Burl ingarne, cau.fornia July 20, 1970 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above given date. llihe meeting was called to order at 8:20 p .rn. , by ltayor will ian J. crosby. PLEDGE OF ALLEGIAIICE ROLL CALL Present - Councilmen: Absent - Councilmen: Arnstrup-giesby-g'65n"orr-l,tangini-Uart in. None. The minutes of the special meeting of July 1, and the regular meeting of iluly 6, 1970, submitted to Council previously, were approved and adopted. BIDS - WATER SYSTEIT II,TPROVEMENTS Sealed proposals, subrnitted in compliance with advertisement therefor, opened at 1O:3O a.m.. hlednesday, July 15, 1970, were declared as follorrs: BIDDER fairley Constructors Associated Pipe tine Co. trlenrick & Associates I{ccui re & Hester Keystone Equipment Co. Spartan Construction Corp. $162 , 658 .00 t 66, 917 .00 173,696.50 L74,720.50 190,199.50 198,520.25 Engineer's Estimate $163,293.25 A conununication frqr the city Engineer, dated July 16, 1970, advieed that the project consists of replacing obsolete underaized water mains in alleys and easements to larger sized mains in the street and revers- ing all services to the streeti the installations rcill affect portions of California Drive, Chula Vista Avenue, i,aguna Avenue, Palma Avenue, Capuchino Avenue, Cortez Avenue, Bernal Avenue and three other locationsprinarily to boleter volume at Adeline and Alvarado, Easton Drive and El Canino ReaI. The recommendation from the City Engineer that the fairley Constructors, the lorrest responsi.ble bidder, be awarded the contract in the amount of $162,658.00, was concurred in by the City l.{anager in a footnote memo. RESOLUTION NO. 69-70 "Arrard ing Contract For Water System ImproveEents-- Job Uo. 70-4" (Fairley, $162,658) was introduced for passale on motion of Councilman Johnson, seconded by Councilman ernstrup and unanimously adopted upon Roll Cal1. AI.iUS E}IENT PERllf T APPL,ICATION The Chair announced that the public hearing on the application of Ed inburgh west for an amusement permit had been continued frcm the At nord froa the Chair, all in the Council Chamber aroae and gave the Pledge of Allegiance to the F1ag. !IINT,ITES TOTAL BID HE.ARINGS 1. EDIIIBURGII WEST IN RE: 38? previous meeting at rrhich t irne the City ltanager had been directed by Council to request the presence of lrlr. J. Robert Notz, Jr., president and Chief D<ecutive Officer of the corporation. Requested \z the Chair for an appropriate procedure, the City Attorney recomnended that Council be advised by the applicant of the activities planned for the art center project. !lr. Notz, in addressing Council, referred to his letter sent to Council under date of l{ay 22, L97O, wherein a description of the planned activities were set forth in eome detail and stated that until a permit is issued, it would be difficult to predict what the future may unfold insofar as prograrms are concerned. Inquiries fron council to ur. Notz were concerned with the assignment of the lease to !lr. Roger Solomon, the term of the lease, and the amount of the monthly rental of the property. Ur. Notz advised that the status of the assignment of the lease is still pending; the present lease is in effect for a period of six months and that the rental is currently $180.00 per month. The City Attorney, in replying to the Chair's inquiry, advised that an arnusement permit is issued only to one having the right of possessiont that it is pertinent for Council to ascertain the statua of the tenancy of Edinburgh west. titr. Notz stated that he has been given assurance by the landLord that fdinburgh west wouLd be an acceptable tenant. To Councifunan Atflatrup's question concerning his activity in the conduct of the business, ur. Notz stated that he and the Board of Directors will serve only in the capacity of supervisors. Irtr. Anatrup recalled that council had issued a directive that no activity be conducted on the premises and referred to recent newspaper articles indicating to the contrary. I{r. Notz stated that the publicity did not refer to this particular organization and that no function has been permitted ineide the building. Councilman Johnson questioned whether the Board of Directors would as listed in the communication of May 22nd, with Mr. Notz advising the aff irmative. remat n in Councilman Martin questioned l,tr. Notz as to whether he or lr{r. SoLomon would be the operating m.inager. H!. Notz stated that at ttris point he could not reply to the inguiry; that if it is anticipated that ltr. Solomon would bring discredit upon the organization, he would not be considered. councilman l{artin referred to the two police reports under dates of June 11 and June 15, and to the unfavorable accounts with respect to Itlr. soloroon, stating that he would oppose the issuance of a penrit if Ur. Solonon were connected t,ith the enterprise and that this partisular issue should firat be resolved. Questioned \z Councilman l!{art in on eiho then, would be appointed manager, Ur. llotz stated that he did not know. !lr. Notz stated that he wouLd consent to the removal of I{r. Solomon from active participation if the permit were approved. 828 Councilnan llartin stated that on that basis he was therefor not prePared to vote on the application and that the proposed progran should be clearly delineated. I.layor crosby guestioned Mr. Notz whether he was cognizant of the contents of the police reports and upon receiving a negative reply, Mr. Notz was advised that copies would be made available to him. The Chair further questioned lrlr. Notz that if the hearing were continued, -would he, in the interin, subinit to the city lttanager for advance police investigation, the nane of the person who would be appointed in charge. l{r. Notz indicated that he would comply. councilman It{anglni questioned whether l{r. Notz could also produce a copy of the lease, who replied in the aff,innative. A poll of Council recorded the following: councilman Anstrup observed that many of the questions posed still remain unanswered and that in the best interest of the City of Burlingame he was opposed to further continuance of the hearing. Councilman laangini concurred. Councilman l.tartin suggested that the applicant be given the ful1 benefit of doubt by alloring him an additional two weeks and that the discussion this evening, ernbrace inspection reports from tlre fire and building departments. The City Attorney, in reply to Councilman Johnson's inquiry concerning the legality of withdrawing the subj ect hearing from the agenda, issued a statement with respect to the rights and privileges of the applicant to hear the evidence presented and to thereafter rebut an issue. Councilman ifohnson referred to her prior atatements concerning hervisit to the premises upon invitation and at wbictr time, while impresaed r^rith the talent displayed both in the dance and the drana presentations, she was not iropressed with the display of art vrorks. Councilman ifohnson stated that ttre engagement of personnel in an under- taking as proposed is irnportant to the City of Burlingame and that many cornplaints have been received since the cultural center was proposed. Council concurred to continue the hearing to the regular neeting of AuguEt 3 in anticipation that the many questions raised may be satis- factorily an6?ered to finalize the issue. Inspection reports received from the fire and building departments r,rere thereafter referred to for discussion. lrbe Fire Chief advised that the Fire Inspector has recently reviewed the plans; if deficienciee noted are corrected, the standards of the Fire Department will be complied with. lllhe Building Inspector corf,nented on his confusion in determining just r.rhat areaa of the building will be utilized; that plans he has reviewed included only the first floor and failed to meet building code standards and that there was an indication that the basement was being used for a variety of activities. Itlr. Notz advised that the cultural project will encompass only the uEe of the first floor. Council suggested that at the continued hearing on August 3, !tr. Notz be accompanied by the architect and the members of the Board of Directors 329 and that on that evening, a copy of the lease and the name of the person who will m.rnage the operation be presented to Council. Councilman Uartin suggested that in the interim, the project architect arrange for a conference with the Building Inspector. Further discussion was concluded with the City Attorney advising that atthe continued hearing, the applicant should be prepared to state exactly irhat the activities at the center will consist of, to accept the permit Bubject to specific limitations that may be imposed by Council and that Council be alerted to what the term "art center" fully irnplies. RECESS A recess was declared by the Chair at 9:1O p.n. CALL TO ORDER lhe meeting reconvened at 9l2O p.m. HEARINGS (continued) 2. RAY FIORES APPEAL RE: DECISION OF PLANNING COUMISSION TO CONVERT PATIO Uayor Crosby announced that this was the time and place scheduled to conduct a public hearing on the appeal of lilr. Ray Flores, 1257 Drake Avenue, for permission to convert a patio into an enclosed room, denied by a Planning Connission action. A cornrnunication from the applicant, I.lr. Flores, dated June 29, L97O, advised that his application to convert an existing covered patio into an enclosed rumpus room with bath drew no objection from the neighborhood and that the one negative vote by a member of the Planning Commission denied the application; the plan as resently d rawn does not violate any of the ordinances and it was therefor requested that Council re- consider and approve the permit. A conununication from the city Planner, dated July 8, 1970, advised that the zoning code reguires that a u6e permit be approved for any second build5-ng on a residential property which is to be used as a playroom, a runpus room or a family room i sudr structures may not contain cooking facilities or rented as a second dwelling and the regulation is intended to make sudr buildings a matter of record and to insure that later conversion or misuse can be policed to prevent multi-fanily use of first residential properties. lthe City Planner stated that vras based upon the fact that and a fulI bath with a point owner may be entirely proper to make the change. disapproval of two members of the Conmission the converted structure will have two rooms made that the intentions of the present but that a successor ot ner may be tempted It was the recommendation of the City Planner that the application be approved upon the condition that the applicant agree that the building is not to be used as a separate dwelling and that the structure comply with all building code requirements i that the reason for the second condition is that the plans as submitted may be deficient in regard to foundation and floor construction. lrhe hearing was declared open by Uayor Crosby. There being no one present to speak in favor or in opposition, the Chair referred to the applicant, li[r. F].ores, questi,oning whether he would accept the condj.tions if the application were approved. 830 Mr. Flores, replying in the affirmative, was advised by the Chair to consult with the Building Inspector particularly with respect to the foundation and floor construction. A brief discussion arose on the reasons set forth and the vot there- after to deny the application. Planning Connissioner frank Cistulli, in attendance, advised that his objection was primarily that at some future date a nev owner may con- vert the new acconnnodations into a rental, unit. Councilman Johnson conmented on the denial by the Planning Coumission and the recomnendation from the City Planner that the application be approved, stating that on this day she had made a personal visit to the premises and was thereafter of the opinion that the request to convert the patio as proposed was reasonable. A motion was thereupon introduced by councilman .Iohnson that the appli- cation for a special permit to aIloh, !tr. Ray Flores to convert a covered patio into a nrmpus room brith ful} bath, be approved, subject to the following: (1) that the building not be used as a separate dwelling and that the structure comply with all building code require- ments. The motion was seconded { Councilrnan uangini and unanimously carried . COMI.{T NICATIONS ].. ENVIRONMENTAL LAW SOCIEIY RE: DECISION AFFECTING PESCADERO DAI.{ A communication acknowledged from tlr. David Jackman, member of the Environmental Law Society, Stanford Law School, dated July 15, 1970, advised that on JuIy 23, the Board of Supervisors will meet to consider the feasibility of urging the Corps of Engineers to press fonrard in their studies and plans for Pescadero Dam and requesting that Council ask that such studi.es be deferred until the environmental and planning studies conmissioned by the Board of Supervisors have been completed and a policy decision concerning the development of the south San lilateo County coastal area has been established. Councilman Uartin gave a brief report on the position of ABAG in that the coastal area shall remain "open-space" r further, that the conser- vationists are also opposed until the County General Plan is adopted and that he personally was of the opinion that an action by the Board of Supervisors at this time would be premature. Uiss Judy Mayer, 245 Josselyn Lane, Woodside, a member of the Stanford Lar, School Environmental Law Society, addressed Council to further support the argunent that a careful evaluation of all factors tovrard the long-range welfare of the County as a whole is mandatory and that the Board of supervisors be urged to defer an action. Council concurring, the City u.inager $ras requested to so notify the Board of Supervisors prior to its scheduled meeting on .ruIy 23. A cotnmunication was read from the City Uanager, dated ituly L6, L97O, recornrnending that a resoLution be executed to include in the agreement with Mr. H. Richard O'Hara, the sale of a tvrenty and one-ha1f foot strip of surplus City property. The City Attorney, in reply to l.tayor Crosby, confirmed that all docu- ments pertinent to the sale therefor are in order. RESOLUTTON NO. 70-70 "Authorizing Execution of supplemental Agreement 2. ST'P PLEI{ENTAT AGREEUENT RE: SALE OF CIIY STRIP OF PROPERTY 3 881 Bethreen the City of Burlingame and H. Ridrard o'Hara" was introduced for passage on motion of councilman Amstrup, seconded I Councilman Johnson and unanimously adopted upon Roll call . SENATOR COLLIER CONCERNING DIVERSION OF GAS TA)( MONIES A cornrounication from the City U.rnager, dated July 16, 1970, referred to a request received from State Senator Randolph Collier for a Council action directed against the proposed diversion of gas tax monies and to a recommendation from the League of California Cities that the endorse- ment of the proposal be by-passed by reason of its lack of flexibility. No action was taken by Council and the cqnmunication was placed on file. 4. CIIY-YTIDE ART SHOV' PROPOSAL A conmunication rras read from Debbie Basuino, 1523 Los Altos Drive, dated July 6, L97O, suggesting that a City-wide Art Show be sponsored in the city of Burl ingane, wherein children and adults may participate in an exhibit display. I.fr. William J. tlauser, D<ecutive ltlanager, Burlingame Ch amber of Conunerce, advised that Ur. Robert Ihompson has been narned chairman of a Charnber of commerce Commi.ttee to develop a community art show, broadening that recently held at the Burlingame High school . llhe comnunication rras thereafter referred to the attention of lilr. Hauser. The City Dlanager advised that a previoue letter received by the lr{ayor from the correspondent has also been referred to Ray wagner, Recreation Supervisor. 5. PROPOSED RETENTION TTIE CTITTER A communication fron W. A. Havens. Skipper, SSS "Dauntless" dated July 14, 19?0, advised that the Us Coa8t cuard cutter, the "It{orris "is to be deco:rurissioned in August of this year and it was requested that council solicit the assistance of local congressmen in retaining the ship for the use of the Sea Scouts. The City Uanager r,ras authorized to conrnunicate with appropriate offici.als in an effort to salvage the vessel for the use of the sea scouts as requested. RESOLT TION rrc. 71-TO "Determinin g General Prevaili.ng Rate of Per Diem Wages in the City of Burlingarne - Addition to l,tain Library" was introduced for passage on motion of Councilman Johnson, seconded by Councilman Amstrup and unanimously adopted upon Roll call . A communication from the City Manager, dated .Tu1y 16, 1970, referred to an attached lilemo of Agreement between the Municipal Employees Relation officer and the authorized representatives of the International Associa- tionof Fire Fighters, Local 1872, agreeing to the folloring: (1) (a) Resolution establishing sal.ary schedule incorporating an eight percent increase effective August 15, 197O; (b) Resolution establishing salary schedules effective for one month from July 15, incorporating the above increase as if enacted lttarch 1, 197O; (c) Establishing a vacation al1ow- ance after five years of service at the rate of .625 of a 24-hour duty RESOLI,'TIONS P I REUEN IUPASSE RESOLVED 88P period per month of servicer (d) Resolution of Intention to amend contract with the Public Enployees' Retirement System (1957 Survivors Benefits;) (e) An additional $25.O0 increase for clothing allowance and (2) that there will be no reduction in duty hours until JuIy 1, 1971, at which time the duty hours per week will be fifty-eight hours per week. fhe City Manager recornrnended that stipulations within the Memorandum of Agreement be approved by Council. Mayor Crosby invited conments from Council . Councilman Martin announced his intention to vote "no" on the agreement. Referring to Item No. 5 listed on the "salaries and rates of payr' resolution, Councilman Uartin stated that the proposed compen8ation of $50.00 to a police officer assigned to duty as Inspector. Detective or Juvenile Officer may be revised at the tirne of the c-onsideration of the 1970-1971 budget. Councilrnan l.tartin expressed his objection to the "delaying tactics" eurployed by the firemen on the impasse issue; that Council did indicate that when the reduced hours become the general trend, the request would be approved at that time; that he objected to a statement questioning the "credibility" of Council and that he now felt that he was no longer bound by the Council agreement made in 1966 to "pay the highest salaries in the County or near the highest." councilman Martin stated that he would hope that the legislature would pass the mandatory arbitration bill so that the issue may be talen completly out of Council jurisdiction and that he would so advise his Iegislator. Councilman Johnson corsnented on the differential between the serviees and the hours of the Fire Department in comparison with other city departments; ttrat Council has been and shall continue to be fair in its negotiations vrith city employees and that at such time as a trend may develop to reduce the hours of employees other than the firemen, she would be most receptive to hearing their requests. Councilman Johnson, conunenting on Councilman Martinrs statement con- cerning withdrawal from the 1966 agreement, stated that she would prefer that salary increases and classification surveys be considered at the beginning of the fiscal year rather than as at present, on !{arch Ist. Councilman I,langini made the observation that any group maling a preaen- tation employs certain techniques and that it was his opinion that the Firemen have done so very fairly. councilman ltangini stated that he also would favor a mandatory arbi- tration 1aw adopted \z the legislature. councilman Amstrup cdornented on the cooperativeness of the majority of city personnel through the period of negotiations, their acceptance of council's offer and that while they did not receive a reduced work hour week, sa1ary percentage increases received were equivalent. llayor crosby also spoke on his willingness to meet and to confer with employees if and lvtren the trend for reducing hours is the i.ssue and that in his opinion, the Firemen presented a reasonable case and the city Manager acted in good faith. A motion was introduced by Councilrnan Johnson that the City Uanager be authorized to execute the Irlemorandum of Agreement as presented, seconded by Councilman Uangini. A RoIl CaIl vote was recorded as follows: Ayes: Councilmen: Crosbydohnson-ltangini. Noes. Councilmen: Ittartin. Abstaining Councilmen: Anstrup. EAs RESOLUTION NO. 72-70 "Fixin g and Establishing Class ifications, Salaries and Rates of Pay of nmployees in the classified service of the City of Burlingame" (pivision I - fire Department) was introduced for Passage on motion of councilman Johnson, seconded by councilman ltang ini and unanimously adopted upon Rol1 Call. ORDINANCES - Cons.ideration thereofs oRDINAIICE No. 920 "An ordinance of the cit y council of the city of Burlingame authorizing an Amendment to the Contract Betlveen the City Council and the Board of Administration of the California Public Employees' Retirement System" (1957 Survivor Benefits) was given its second reading and upon motion of Councilman uartin, seconded by councilman Johnson, said Ordinance passed its second reading and was adopted \z the following RolI Call vote: ORDINANCE NO. 921 "An Ordinance Amendin 9 Sec. 13.36.040A of the Burlingame uunicipal Code Regulating Parking on the Easterly El Camino Frontage Road Bet\reen Dufferin and Trousdale Avenues" was given its second reading and upon motion of Councilman l.lartin, seconded by councilman Johnson, said ordinance passed its second reading and was adopted by the following vote by Roll Call: Ayess Councilmen: Noes: Councilmen: Absent Councilmen: Ayes: Councilmen: Noes: Councilmen: Absent Councilmen: Arnstrup-Crosby-Johnson-Uangini-Martin. None. None. Arns trup-Cros[dohn son-Uangini-I.{art in . None. None. 1. PENINSI,'LA EARLY LEARNING CENTER AII{ENDUENT TO "CONDITION'. GRANTED lrhe request subnitted at the last regular meeting of Council, by the Peninsula Early Learning Center, for an anrendment to one of the "conditions" granted concerning student transportation, was deferred at the request of the applicant to August 3, l97O for Council consideration. Councilman Arnstrup referred to an ordinance proposed at the last regular meeting concerning a change in the zoning code setting forth a procedure relating to variance violations to be re-rrorded by the City Attorney and suggested that the ordinanee be included on the August 3 Agenda. Councilman llartin, to clarify a point he had made at the prior meeting, stated that it was his intention that notices of hearing also be mailed to those sithin the same radius limitations that the origi.nal mailing included . NEW BUSINESS 1. BOARD OF ST'PERVISORS SELECTION uayor crosby advised that a ballot proposal will be presented at the next meeting of the San l{ateo County Council of Mayors concerning the manner of election and the number of mernbers to be elected to the Board of Supervisors, at which time it was requeBted that the position of each city be stated. Councilman Johnson moved that the City's representative to the forth- coming meeting of the Council of I.{ayors be authorized to vote affi.rna-tively on the proposed measure. The motion was seconded by Councilman Mangini and unani-rnously carried. T'NFINISHED BUSINESS 2. HEARING ON VARIANCE VIOLATIONS ES+ 2. OLD CIIY HALL AUCTION 1[he City l{anager announced that old City llall on Thursday, JuIy the City's staff to be selected of the City Engineer is seeking the building and that the owner in relocating the noqr abandoned his adjacent property. an auction had been scheduled at the 30, at 10:30 a.rn., with a membe r ofto serve as auctioneer, that the officequotations from wreckers to demolish of Rorke's has indicated an intereat Public lrlork s Building to the rear of Councilman Martin suggested that if that possibility becomes a reality,the City should require a high performance bond for a specific period of time. Discussion concluded with the City trlanager suggesting thatprior to the demolition of the building, the corner-stone removed. claude T. Ea1I, dated JuIy 15, 1970, thanking the citizens of Burl ingame a voice in whether city HaIl" was feasible; 1, Maria Teresa de Ol,iveros, Cuernavaca, I{oreloa, I{exico, congratulating ltayor Crosby on his election to the Office of llayor, 2 Dale Perkins, Art Consultant, Burlingame ELementary Schools, dated July 6, 1970, thanking Councilman Johnson for conducting tours of teactrers during their two-week workshop in this conununity; Federal Aviation Administration, dated iIuly 6, 197O, announcing an "Amendment to Determination of No Hazard to Air Navigation" relating to the proposed construction of two fourteen storied office buildings on Burhray Road; 3 4 some time should be Council for affording the " saving of old 5 Del stimers. I0O9 Paloma Avenue, dated July L2, L97O, offerS.ng his services to the city aE a "Police Public Relations Officer." Irlinutes from the Health, safety & Traffic Commission, .Iuly 9, 1970 and Police and Fire Departnent Reports, month of ifune, 1970, and a semi- .rnnual financial report of the Blingum Inn Teen Club sponsored by the BurI ingame Recreation Department . Councilman ltartin questioned items in the l,{inutes of the Health, safety & Traffic Commissi.on: (1) tnder "Nert BusinesSrr - a ticket received for an overnight violation, and (2) an incomplete project in the 1500 block on La Mesa Drive. To the first inquiry, the Chief of Police advised that he was not present at the meeting but would malce further inquiry, and to the second issue, the City Engineer advised that the Building InsPector has reported ttrat the project is under construction and that the ovrners have a Pennit. Councifunan ltartin, referring to the list of warrants to be approved for the month of July, questioned the various fees charged by doctors for sobriety tests. The Chief of Police advised that efforts have been expended to establish a uniform fee and that the standard fee appears to be $20.00. ACKNOWLEDG},IENTS 1. CO!,II,IITNICATIONS 2 . UINIITES A}ID REPORTS 8e5 WARRANT AND PAYROLL APP ROVAL warrants, Month of .]uly, 1970, Nos. 5597-5816, in the total arnount of S328,555.06, duly audited, were authorized paid on motion of Councilman Ir{angini, seconded by Councilnan Johnson and carried. Payroll Warrants, Month of June, 1970, Nos. 12567-1325?, in the total amount of 9177,708.34, were authorized approved on motion of Councilman fiangini, seconded try Councilman Amstrup and carried. ADJOURNI{ENT lIhe meeting was adjourned by uayor Crosby at 1O:55 p.m. K. WHITEcity clerk APPROVED: I,fILLIN,i 'J. CROSBY lilayor