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HomeMy WebLinkAboutMin - CC - 1973.06.044+l-/r.r Burl j,ngame, california .rune 4, 1973 on this date, "Youth-In-coverrxment " Day lyas observed in Burlingame, students fron Burlingame and MiLls High schools participating. CALL TO ORDER A regulaI meetj-ng of the Burlingame City Council was cal1ed to order on the above date at 8!12 p.m. by Student Mayor Miriam Feder. PI,EDGE OF ALI,EG IANCE Student City Clerk Diane williams led the Pledge of Allegiance to the FIag. ROLT CAI,L Present. Councilmen : Anstrup-Crosby-Cusick-l,langi-ni-Martin Present: Student counciLmenr Feder-Freschet-Gort-Refven-wong Absentees: None MINtIIES The minutes of the meeting of May 2L, 1973, previously submitted to the Council, were approved anal adopted. STUDE}IT R.EPORTS Student Mayor Feder asked for reports on xesolutions approved earlier in the day at the student city Council meeting: Student Councilman coxt: "Should population growEh in Burlingame be lirdtetl? If so, how?" The discussion was directed toward methods of controlling growEh. The questions were asked if a quota can be placed upon the nuEber of people allowed to live in a city, or will birth control be legislated, liliting the nwrber of children in a family. There was unanimous agreenent there should be no new apartment buildings or. hotels, new construction carefully regulated and population controlled through zoni-ng laws. Student Councilran Freschet: "Should furcther industrj-aI/comnexcial growth be permitteal in Burlingame? If not, wj-11 deterioration result?" There were coflwrents that scflne coruItercial anal industrial develognents a-re necessary because the tax revenue helps to support city services and relleve the tax burden on home owners, but the consensus was that commercial and industrial complexes are ugly and destroy landscaping, that this 1s a c1ean, pleasant comnunity and that further collunercj,al growEh should be second to resj-dential buildings, especially homes . Student councilran Refvern 3 "How can relations between the High school Students of Burlingame and the various Departments of the city be i:nproved? " The consensus appeared to be (a) The school-conmunity pr.ogram offers opportunitj-es for students to do volunteer work in some city HaII departrnents; (b) Conununity Art Festival encourages participation in civic affairs; (c) Youth-In-coverrunent Day is arl excell,ent program and useful experience. But rather than scheduling it at tlle close of the school year, just prior to graduation, perhaps the total concept of prc'trroting student interest in local goverrunent hrould be better served if it were held at the beginning of the school year, then there could be other oppor- tunities throughout the yeal. for students to observe, learn and become involved in city affairs. +e+t/f,6 Student CounciL[an wong: "Should some form of rapid transit be extended down the Peninsula?" This resolution passed by a vote of 3 to 2. There were comnents that the use of bicycles should be encouraged, that the financial impact of BART could be harmful to the business communlty and that a local transit system was needed to serve outlying areas of the city. Student Malor Feder: "Should the Burlingame Police Department be encouraged to overlook infractions of Ma-rijuana laws?" passed by a vote of 3 to 2. Some felt this was in conflict with existing laws and beyond the control of the city Council but that it could have the effect of setting priorities for the Police Department. larry Putxnan, Chanber of Conmerce President, and Ted Kruttschnitt, representing Burl-ingane Rotarl. CIub, awarded Chamber of Commerce "appreciation certificates" to all of the students pa-rticipating in the dayrs activitj-es. The students were urged to continue to pursue their interest in local governnent. There were expressions of appreciation from the Student Mayor and the Student City Clerk/Director of Finance for the opportunity of spending the day with members of the City Council and Staff and a response by Mayor Mart j-n. RECONVENE The stud.ents depar.ted during a recess called at 8:35 p.m. The meetj"ng was re- convened by Mayor Martin at 8:45 p.m. HEARINGS I. OPEN SPACE ELEMENT I,layor Martin announced a continued hearing from the meeting of l"1ay 21, 1973 on the open Space Elenent of the ceneral P1an. Acknowledgment was made of a cormnunication from Everett K. Kindig, Chairman, Plannj-ng Cqrurission, advising that modifications in the open Space Element referred by the City Council were considered and approved by the Planning Ccmmission at its regular meeting on May 30, 1973, and the revised open Space Element rieconmended to the City Council for adoption. Attached to the communication was an exce.rpt from the Planning Conunission minutes covering this subject. colnments were invited from the floor. David Keyston, Vice Chairman, Anza Pacific Corporation, reiterated three itens he mentioned in a staternent before the Planning Ccirnnission, as follows: Pa-ragraph 530: "Extend ljrits of T - P zoning district to include at1 tidat water." Strict IiTerpretation of this might interfere with develotrment of Bayside Park. Pa-ra- graph 535r Recomrendation that an area of Anza Pacifj-c property be restriEIEE specifically to restaurants. over. the years, this might be rather difficuLt and harsh in implementation. Paragraph 542: "The existing waterfront-ccnEnercial zone regulations should be revised to restrict uses allowed j-n this area to those requiring waterfront location or providing increased public access to the Bay." This could be interpreted in many ways. l,lI- Keyston conceded that none of these may have any profound effect except that, by reason of their adoption by the Council, the public can demand iflplementation in the future. Helen orconnot, L549 Burlingame Avenue, asked if the ceneral Plarl will affect First Residential (R-1) areas, or change the existing zoning ordinances. The Chair explained that Council, at this ti$e, is consider.ing an Open Space Elenent, an addition to the city's adopted General PIan for expansion of open space and preservation of that existing. At Uiss Orconnorrs request, the Chair di,scussed briefly functions of the zoning code and the ceneral Plan and assured her that the open space Elenent makes no changes in the specific zoning plan. +lr+l?7 Robert De1zel1, 1345 Desoto Avenue, referred to t4r. Keyston's coments on Paraqraph 542. Ee noted that BcDc specifies there be water-related usage for property on the waterfr.ont. He asked if Mr. Keyston was objecting to this. Mr. Keyston repj.ied t]lat a very restrictive interpretation of the language "to restrict uses allowed in this area to those requiring waterfront location" would eliminate everything but marinas. There werce no further speakers from the floor. The hearing was declared closed. council was i-nvited to comlent. Councilran Mangini pointed out, first, for Miss O'Connorrs benefit that the Open Space Element is an addition to the General PIan mandated by the State Legislature. councihan Cusick discussed the following: #3, Page 7 "Conservation easements, open space zoning and other land use regula- tions should be used to prohibj-t develotrment on unstable terrain she asked if the city witl be obligated to purchase arld maintain unusable land. The city Attorney stated that when an easement is acquired on someone else's property' the city has the obligation to expend any funds necessary to maintain the easement; this does not necessalily mean expending funds to maintain the underclyj-ng fee simple ownership which would be in another owner. Page 19,par agraph 550 - ImpLementation If the city did acquire conservation easements recornnended here, would it also assume lia-bility for damages that night occur to homes at the top of the bank? Page 21, paragraph 556: Easton Creek and Canyon Drive Area Reconmendation to "establish appropriate open space and conservation regulations to protect this area." Neither of these are included in the pr.iorities of the Park & Recreation Commission. fn Paragraph 558 "public acquisition is reconmended to permit ljlnited public use of lands in the canyon. " Councilfian Cuslck asked the City Attorney to coment. The City Attorney explained that the open Space Element is the first specific kind of a mandate that the city has ever received from the State. In the past, the State mandated adoption of a general plan but the cities werce not told what had to be inclualed. He advised that, as far as can be determined at this tine, it would appear that the city is not entering lnto a contract with the State for which the State may seek speciflc performance, because the General Plan is a prospective plan for the future. The city is merely stating, as a ceneral plan always does, rrhat the goals are in the al.ea of open space. A requirenent at sone future time for i-mplementation undoubtedly will entaiL leg.islation by the State. with reference to pre-zoning of a.reas outside of the city, the State carnot compel the city to do something with land that is not within its jurisaliction, Councihan Amstrup noted there are two references to linking Halrward Drive to Mills Canyon Park site, pages 13 and 18. Thj-s would appear to be rather specific and raises the question whether Halrward Drive would be a suita-ble link. The City Attonney noted that the language recites "consideration should be given to acquisition. " It was his opinion this should not bind the cj-ty to acquire properties for condemnation. councihan Mangini referred to Paragraph 552 and to the recommendation therein that San Mateo County be advised of this cj-ty's interest in retaining open space gualities existing on the site of Russell College. The city Planner confirmed that copies of the open Space EleIIIent will be transnitted to the county Pl-annlng Cqmrission. Councilman Mangini then reninded the Council of inquires from two groups about esta-blistunent of a bird sanctuary on city-owned marsh lands. Page 13, paragraph 526: Implementation Could the city be forced to underground all overhead utilities? Mayor Martin pointed out that if the State mandated under- grounding of privately owned utilities, this would j-nvolve the Public Utilities C@nj.ssion, not the cjty. 4#4rs councihan Amstrup also referred to Page 16, paxagraph 535 "outex Lagoon and Adj acent Park" (part of state lands under lease to Anza Pacific). The xeconnenda- tion here is "Aside from sites designated for restaurants, this area, including the Lagoon, shouLd be kept in open space use." Councihan Amstrup stated the i:nplication appears to be if there is not restaurant developnent, nothing else can be considened. The City Attorney stated it would api?ear that structures for recreational purposes would be acceptable, but not commercial- If this poses a pnoblem, and it could, then the city council should consider reserving to itsel-f the right to change this element of the General PIan at some future date. Iriayor Martin noted that the zoning ordinance would allow other structures in the area. The City Attorney confirmed that the ordinance has predominance over the General Plan. In firrther connent, the City Attorney reninded that the city is under mandate to adopt an open Space Elenent on orc before June 30 and that penalties will follow if the docurBent is not aalopteal by the prescribed date. If the plan is not approved at this meeting it must be at the follorring meet j-ng. Amendment of the Open Space Element can be accomplished in the future when that proves desiJable, fol-Iowing normal planning procedure. RESOIUTIOAI NO. 40-73: "Approving The Open Space El-ement Of The Burlingane General Plan" was intrioduced. by Councihran Crosby, who moved its adoption, second by Council-nan Mangini and r:nanimously adopted on ro11 caII. 2. WEED ABATEMEM L9'73-I974 Mayor Martin announced that this was the tire and place scheduled to hear objections to the proposed removal of noxious and dangercous weeds in connection with the 1973- 1974 weed Abatement Progran. The hearing was declared open and colments invited from the aud.ience. David Hinckle, 204 Bayswater. Avenue, reported he represented a group of citizens who object to the use of herbicides in weed eradication as especially dangerous to human beings. He mentioned specifically arl easement behind his place of business on Broadway where spray was used to destroy weeds and wild plants. The Chair reconErended he discuss the matter with Director of Public works. Mrs. Elizabeth Anderson, 1I3 Crescent Avenue, raised the question of fire hazards created by \./eeds on private property. She was advised to bring the matter to the attention of the fire deparctment. t There were no further connents from the floor. The hearing was declared closed. RESOLU'IION NO. 41-73 "Ordering Destruction of Noxious And Dangerous Weeds and Ru.bbish A Nuisance In The city of Burlingane" was introduced by Councilran l.langini, who moved its atloption, second by Councilman Crosby and unanimously carried on ro11 ca11. C OM},IUN ICAT lONS 1. SAFEWAY STORES PARKING DISTRICT CREDITS Mayor Martin acknowledged a comnunication from safeway stores, Inc., dated May 30, 1973, signed by G. 1,. Baker, Rea1ty Depa-rtment, proposing a fo.rmula whereby pxoperty owners who were granted credits against parking district assessments will be permitted to make payments into the distrj-ct to offset prior credits and thereby allow land previously committed to parking to be used for building purposes- Mayor Martin explalned there was no provision in the original district for o\rners who took credits to rce-enter the district; experience has proved there are faults in this systen. In the case of Safeway Stores, the parking credits they elected to ta].e prevent a proposed expansion and modernj-zation of their store at Howard and EI Camino. 4*F+r7 In response to an inquiry from the Chair, the Counci-I indicated no objection to hearing Safewayrs proposal at this ti$e, with subsequent referral to the bond counsel and city attorney for review and coruflent. lrl. Quentin Cook, attorney representing Safeway Stores, was accorded the prj-vilege of ttte floor. Mr. cook referred to the formula recited on pages 2 and 3 of the Safeway lettex and handed Council mernbers a supplemental memorandum clarifying the formula. A map was placed on display showj,ng the a.rea within the original Pa-rking Distrj,ct in 1963 and the properties that were acquired and i]Ilproved for. parki-ng lot purposes; add.itionally, the map deslgnated properties where the owners chose to take credj-ts because ttEy considered their existing parking adequate. l4r. Cook described the method L,hereby the engineer for the District computed amount of credit for existing parking against dollar assessment. He advised that safeway received a credit of 74.92 agaj-nst the Parking Distrj-ct asses$nent. There were approximately 20 owners who took credits and ttrat parking, under the terms of ttre ord j-nance, became par.king available in the District and had to maintained free of structures. This has had serious disadvantages to the property owners, and to the city. safegray stores, for example, desires to add approxinately 7000 square feet in area to their building and to make other i:nprovements, including additj-onal landscapj-ng ln the parking areai none of this can be acconplished until the mattex of parking credits is resolved. Mr. cook placed a cha-rt on display illustrating the formula whereby Safeway hopes to rejmburse the District and, in detail, explained how Safeway arrived at a figure of $10,337.84, ttre sum due the Parking District to remove 1O.I58 of the original 74.9* parking credit. Mr. cook stated that as a result of the proposed buitd.ing project, the pa-rking layout will be redesigned, resul-ting in a loss of perhaps 4 spaces from the original I45 to 14I spaces. ur. cook stated that the formula has been discussed wj.th ovjners in the District, those wtro took credits arld those who did not. Furthermore, Safeway is willing to honor the cormnitment made in May of last yea-r "to reimburse the City $15,000.00 for the cost of the Parking Study." In response to Mayor Martin I s colErent with respect to assessment of penatties in cormection with re-entry into the District, Mr. Cook pointed out that the formula composed by Safeway reflects a form of penalty as outlined in 3 (a) (b) paqe 2 of their letter of May 30, L973i 3 (a) !'/as selected as the factor because the percen- tage of increase here proved the greater of the trrro. Furthermore, the offer to pay a total of S15,00O.OO to the Parking District could also be judged as a form of penalty. with Council concurrence, the Chair directed the matter to be referred to bond counsel and the City Attorney for review; if possible, their report to be avail- able to Council at the Jul,y study meet.ing. The Chair suggested also that the formula be examj,ned. to determine if there can be application to smalI parcels as well as Ia-rge . 2. TROUSDAI-E TRAFF IC COI(TROL In a cotnmunication dated. May 30, 1973, the City Manager reported he wilt meet with a representative of the State Division of Highways on June 6 to d.iscuss the matter of 280 freeway, E1 Canino Rea1, and Trousdale inter-connecting traffic; however, the State will not assist in solution of internal problerns and, for that reason, authorization was requested to retain a private traffic consultant to analyze the requests sut'nj-tteal by the residents and sul,mit a report on atternatives for traffic control on the street, at a cost of less than $1,0O0.0O. Councilman Amstrup asked if another survey was necessaryi the resj-dents made their wishes l31crlI1 at the last council meeting. During a period of Council conment, thene appeared to be a majority opinion favoring the City Manager's recolunendation. Councilman Amstrup expressed the hope that the survey will result in some form of action. The City Manager was thereafter authorized to proceed in accordance with hj-s colEnunication- 4ESl?o 3. COOT,IDGE SCHOOI Under date of May 23, 1973, the City Manager submitted detail on costs involved in the city's use of Coolidge School. His recormendation that the necessary agree- ment be authorized, based on a monthly pa].ment by the city to the school district of $I,000.00 per month, was approved by the Councit. 4. JO]NT PO!{ERS AGREEMENI WASTEWATER MANAGEMEIfI PROGRAM Under date of May 31, 1973, the City Manager sutEnj-tted Joint Powers Agreelnent to be executed by the cities of South San Francisco, Millbrae and Burlingame, prepa.r.ed by Kenneth f. Jones. Mayor Martin suggested consideration to the fo1lowing portions of the agreement: Page 5, paragraph 7 "Extraordinary Repairs and Replacement" The first sentence shoul,d be amplified to include "and with concurrence of respective ci-ty councils" after "Director of Public Works of Burlinga$e and of Mitlbrae." In the same pa.ragraph, last sentence should fro\rjde for a limit on the reserves to be maintained. Page 7, continued on page B, paragraph 16 "Arb.itration" Rather than the specialists -- "civil engineers, certified public accountants and licensed attorneys" recited in the agreement, consultants in the respective fields should be furnished. Page 8, par agraph 20 Term The City Attorney was requested to investigate the The Council heard a report from the City Attorney on certain technical objections having to do wj-th the Air.port Conrnission and San Bruno not being a party with South San Francisco to the Agreement before the Council. He stated he raised the question and was told there is a time problem; if the document is not consunEnated before June 30, 1973, this fiscal yea-rrs allocation can be lost. Because of the time involved in processing through public bodies, it was not feasible to have the Airport Commission sign the contract h,ith San Bruno and South San Erancisco. Following some further discussion, the City Attor.ney was authorized to proceed as he deemed appropriate to protect the city's interests. RESOLUT]ONS t. Declaring Zoning Ordinance To Be Consistent With ceneral Plan Councihan Cuslck directed a series of questions to the City Attorney: 1. Does the State mandate require a city to say that the general plan arld the zoning ordinance are consistent. The City Attorney replied "no." 2- Does the fact of adopting a resolution saying the zoning ordinance is consistent with the general plan make thelrl cons.istent. The answer was "No, it does not. " 3. The city can be subject to suit in superior court by any aggrieved person. The City Attonney noted that regaxdless of what a city may do it can be sued in court; the question is whether the plaintiff will be successful. 4. lihat real purpose does this resolution have? The City Attorney stated there is a legislative mand.ate by which city zoning ordinances must be consistent with adopted general plans; the resolution shows that the city was cognizant of the law and considered it and, having considered it, the city found the two to be, in effect, compatible. After the city council does this, and then finds itself in court, the action of the cityrs governing body carries some weight with the judge who must decide the issue and it is not likely that he will overturn a finding of a city council. Perhaps, fina11y, it tends to put even further the burden of proof on the plaj-ntiff to upset the city council action. Robert DelzelL, )-345 De Soto Avenue, registered a strong protest aga.inst the City Council "adopting a statement that is not true." He stated that the Council was asked to make the ceneral Plan conform to the zoning ordinance but nothing has been done. He urged that the resolution not be adopted and the public be given the opportunity to be heard. matter of ultjfiate ownership. r87fzt Mayor tlarbin reviewed the background of governing legislation, and explained that at tire last session of the legislature in 1972 a bl)-a was passed extending the tiJne by which a zoning ordinance must be consistent with a general plan to July L, 1973, and clarifying what the legislature meant by "consistent." As an example, Mayor l4artin cited a situation where the general p1an, for instance, specifies an R-1 zone and the specific plan ca1ls for R-3. The gener.al plan then should be made to conform to the specific plan to reach "consistency" within the language of the state legislation--zoning should not be more liberal in the specific plan (zoning ordinance). If the general plan said R-3 and the zoning ordinance R-1, this would not mean they werce inconsistent. The purpose of the general plan is to plan ahead--what is zoned R-l today may, in the develop- ment of the city, become R-2, R-3 or some other zone--the zoning ordinance sha11 be more restrictive in use than the general plan. The chair stated that in adopting the resolution the Council is complying with the statute by saying that the zoning ordinance agrees generally with the General Plan. In the meantime, the Council is providing for revision of the General Plan, studies are in progress and, in due cou.rse there will be hearings before the Planning Consnission and the City Council. The city Attorney agreed that the Chairrs comments were basically correct. The statute contednplates that where there is inconsistency, then the zoning ordinance shall be changed to conform with the ceneral Plan. If there is a finding they ar.e consistent--in the case of tJlis city there undoubtedly would be a finding of substantial consistency--then there is compliance with the statute. The City Attorney read an excerpt from the statute and explcessed the opinion that, if there is an actual inconsistency then present-day regulations should be adapted to meet future goals of the General PIan, not change the future goal to meet current regulations. Councihan Cusick stated she is sti11 unable to recognize compatabifity where the ceneral Plan shows a portion of Anza Pacific lands in M-I, light industrial, and the zoning code shows C-4, waterfront conmercial. The Cj-ty Council saying the Plan and the code are consistent, does not make them so. councilman Amstrup asked if the resolution is passed to meet State requirenents can the council in the future change the cener.al Plan to agree with the zoning code. The City Attorney replied "yes. " Councihan Crosby stated that the City Attorney is retained by the City Council to render legal service. He objected to an individual criticizing the act ions of the Council when ttle Council is following the Attorneyr s opinions and advice and explained lhat he, personally, will continue to support and accept the Attorney t s counsel rather than risk a situation of personal liability. Councilran Crosby mentioned further that a1l proper planning procedures were followed at the time the General Plan was adopted. Councihan Mangini stated he will support the resolution because j-t is necessary to meet a deadline and because, if modifications are found to be desi-rabte in the General PIan in the future, these can be considered through the normal pro- cesses. Councilran Mangini voiced displeasure that an individual, who is r:ninf ormed, would attempt to impugn hls integr.ity. RESOLUIION NO- 42-73 "Decla.ring zoning Ordinance To Be Consistent With General P1an" was introduced by Councj-lman Mangini, who moved .its adoption, second by Council$an Crosby and declared carried on the following roll call: AYES: COUNCIIMEN: Amstrup-Crosby-Mangini-Ma-rtin NOES: COUNCTIMEN: Cusick ABSEIIf COUNCIIMEN: None Councihan Cusick stated that the General PIan was adopted by resolution, zoning regulations by ordinance, the ordinance is the higher law. If zoning ordinances axe to be aalapted to the General Plan there should be the normal processes of publ,ic hearings before the Planning CoFmission and the City Council, this is not bei-ng done. If there shoutd be a findirg of inconsistency in litigation, the City Council would lose entire control ar}d be a-bdicatinq its authority. 48&ff2 2. DETACITT4ENT EROM HARBOR DISTRIE The chair acknowledged receipt of a letter from Frank Lee, Jr., President, Board of Harbor Comnissloners, San Mateo County Harbor Distrj-ct, concerni"ng "giross error involved with tax figures.that a.re circulating involvinq average county homeowners and their participation in the proposed Pillar Point Harbor Develog[ent. " The lettex was read in its entirety by the city clerk at the request of the chair. Mr. Lee was present and invited to address the council. He discussed benefits derived to the county from r.evenues generated by the harbor district, because of the j-ncreasing interest throughout the county in boating. The district is available to render financial and technical aid to cities considering marinas or snall har.bors and has assisted the cities of san Mateo, south San Francisco and Redwood City. It is concej-vable that Burlingame may need the districtrs assistance in the future development of its waterfront. I,1r. Lee asked the city council to defer action on its contemplated withdrawal from the alistrict until after the hearing before l,AFcO on June 8. L973. He stated that the menbers of the Boa-rd of Harbor Colrullj-ssioners would welcome the oppor- tunity to meet with the councll to discuss its functions and to answer questions the council may have concerning the Pilla-r Point Harbox developnent. Mayor Martin explained j-t is the council's position that, by seceding from the dj-strict, the voters rights are not being denied but rather that the taxpayers wj-11 be relieved of the bu-rden of paying for something from which they will receive no benefit. councilman Mangj-ni asked a.bout other cities in the county that have inalicated their intention of withdrawing. Mr. Lee explained that erroneous information circulated in tvro county newspapers and at recent public meetings has instigated the actions. The number of citi-es to date is four. Irlr. Lee reported i-t will be necessary for the district to hold a special election for each city to be detached. In response to Councilran Cnosby, Mr. Lee reported that the district could be helpful to Burlingame in developi-ng its waterfront by furnishing expert advice and assisting in obtainj-ng grants from the State. ?he Council agreed. to process the nesolution but wj-thholal sutsrj-ssion based on the City Attorneyr s juilgment. RESOLUIION No. 43-73 "A Resolution of Application By City Of Burlingame Requesting The Local Agency Formation Commission To Ta](e Pre].i-mj-nary Proceedj.ngs For Detachment Of Territory Fron The San Mateo County Harbor District" !'ras intro- aluceal by Councilman Mangini, who moved its adoption, second by Councilman cusick and unanimously caxried on roll caII. ORDfNANCE: ORDIIGNCE NO. 988: "Anending Chapter 6.40 of Title 6 Of The Bur:lingame MunElI;I coae, er"viaing r'or Permits And Regulation of Massage, Bathing And Health Establishments And Persons offering Services Therein" r,vas given its seconal reading. on motion of Cormc ilran Anstrup, second by CounciLman Mangini, said. ordinance passed its second readj.ng and was unanirously adopted on ro11 call . CITY MANAGER R.EPORTS I. REVENUE SIiARING In a corununication dated May 31, 1973, the City Manager advised that the first leport on allocation of $9O,895.O0 of Revenue Sha-ring funds must be made by June 20, 1973. His recommendation that the first portion of the funds b€ repoxted as follows: Public Safety-$As ,447 .OO , Parku\g-$22,7 24. O0, Recreatj-on- $22,724.OO vras accepted by the Council. 4,9-*?s 2. PI,ANTER BOX,BI,RLINGA.I!4E AVENUE A proposal prepared by architect Rona1d A. Perner for rebuilding the planter on Burlingame Avenue at Park Road, in an effort to prevent further danage by vehicles, vras su.bEnitted tr1' the City Manager in a conununication dated May 31, 1973. The city Engineer, in response to Council inquiry advised that replacement in accordance wj-th the plan will cost the city $135.00. During a period of discussion, counc.il indicated objection to the idea of lowering the bricks to one row on t}le street side. Harry S. Graham, 1555 Alturas Dxive, also criticized the plan. At councilnran Amstrup I s suggestion, the Chair referred the matter to councililan crosby and the City Engineer to use their judgment in deciding what is best for the city and to inform the architect accordingly. Under date of May 30, 1973, the City Manager sulmitted a drawing of Lot A, Donnelly Avenue to Bellevue Avenue, total spaces 90. Ee advised that installed meters will cost $68.00 each, delivery in three to four weeks, meters to be set to take 254 for fi,ve hours and a second 251 fot a total of 10 hours. He suggested that 20 of the meters adjacent to the libxari!. be restr.icted \to libraxy patrons and set to accept 5Q for one hour parking, up to a maximum of five hours. On Lot F, Park Road to Lor.ton, the drawing showed 71 spaces. The City Manager I s menorandur stated that a ticket dispensing machine installeal here will cost $395.00, sj,gns at the entries will increase total cost to approximately $500.00. The comnunication conmented on problems that may arise by reason of charging 50C for a1l-day parking on this lot when there will be free lots irmediately to the east and west. He recommended installing machines on aL1 ttrree l-ots, charging an all-day rate of 25C. Acknowledgment was made of a comnunication dated May 30, 1973, from ceorge Paul Lechich, Librarian, regarding liJcrary parking problems. The chair commented. this appeared to be an a&ninistrative matter, to be resolved between the Libr.a-rian and the City Manager. on a motion introduced by councj-lman Crosby, second by Councilman Mangini and unaai-mously carried, the City Managen was authorized to proceed with purchase of equiSxnent, meter.s for Lot A and ticket dispensers, one for morning parkers and one for afternoon, 25+ one-half day, 50f all day, for Lot F- This is to be on ar experimental basis and the revenues isolated to facilitiate determj-n- ation of amount of revenue derived. 4. REST ROOM DOORS--PARKS Under date of May 30, 1973, the City Manager suhnitteal the fol,lowing estirated costsr Solid core wood, $350.00 eachr Metal frame and facing, $420.00 each; calvanized steel gate, $5O0.O0 each (prison type), six doors needed. The Council auttrorized purchase of the steel gates at the price indicated.. The Chair requested that the dooris be keyed so police personnel will not be required to carry another key to lock the doors at night. UNFTNISTIED BUSINESS 1. PENINSUI,A AVM$UE PARKING: The Cj-ty ManageJr reported that surveys made by Lieutenant Quim, pxio! to his transferr out of traffic, indicated that the street is neax to capacity and that aalditional parking should not be allowed. The City !4anager I s recomrendation that the matter be droppeal from the agenda, and the gentlelnan h,ho initiated thepetition be informed accordingly, was accepted by the Council. 3. PAY PARK]NG - IOTS A & F L 49'0-try 2. ENTERTAINMENT ORDINANCE: In response to an inquiry from CounclLman Amstrup, the City Attorney reported he has a draft of ordinance prepared for Council consideration. At the chair's request, the City Attorney agreed to forward the document to Council in the next agenda packet, not as an agenda item but so1e1y for information and review. 3. CONVERS IO}i OF APARTME!{T BU]],DING TO CONDOMINfW The City Attorney replied. to Councilman Amstrup, advising that the matter. is stil1 under study, inquiry to the league of Catifornia Cities elicited little i-nformation. BT,RLINGAME BETI{EEN EASTON DRrVE AND ALVARADO This matter was refereal to the Police Department for investigation. Po1ice personDel suggested the residents bring their conplaints to the chief of Police for transmittal to the Council through the City Manager's office. NEW BUSINESS 1. SCHOOL CHILDREN ' S COMMT'N]TY ART PRO'ESI An initial atlotment of $1500.00 was authorized for continuance of this program under the adninistration of DaIe Perkins. 2. I,EGAI, ADVERT]SING - EI.,IERGENCY ORDINANCE The City Attorney xeported that the city is faced \dith a problen in comection with its 1egal notices as a result of the Advance Star discontinuing publication. An i-rmnediate problern involves a notice inviting bids by the Public works Depaxtment. The City Attorney stated that upon reviewing the statutes it was determined that, in the absence of a newspaper printed in the city, an irrvitalion to bid form can be posted in three public places as designated by ordinance. He reported he has prepared an energency ordinance for the Council's conslderation naming the City Ha1l, Lilcrar!. and Recreation Center building, the ordinance to apply to a1I pu-b1ic works projects, but there still remains to be resolved the problem of what must be done about other Legal publications. ORDINANCE NO. 989 (an emergency ordinance fixing place for posting of notices of public invitation to bid, public works project) raras introduced for first reading and adoption by Councilman Crosby, second by Councilman Mangini and una-nimously adopted on ro11 call. 3. APPLICATION TO COI{DUCT AUSIION Under alate of June 4, L973, the City Clerk sublllitted an application from C- B. Char.les, Pontiac/B1oomfie1d, Michigan, to conduct an estate auction on October B through LL. L973, at the Hyatt House. The corununication stated that the appli- cation has been scheduled for consideration at the meeting on June lA, 1973, and requested an opinion from the Council whether or not Mr. charles should be notified to appea-r at this meeting. Eollowing a brief period of Council coEErent, the Chair directed the City Clerk to inform the applicant to appear on June 18. 4. 1976 U.S.A. CE}flTENN]AI COMM]TTEE Reference was made to an itsn in the Beautit_ication ConEnission minutes of l,lay 3, L973, to the effect that A. Woods ci(er.son announced his appointment as the city's representative to the above conmittee. The City Manager was requested to inform Supervisor St. Clair that the Council has not yet selected an official representative, pending review of applications to be suh,mitted. as the result of Council's invitation to the pub1.ic. ACKNOWLEDGMENTS Minutes: Beautificatlon ConEnission, May 3, Plainning Cc,nEnission, l{ay a4, rar-king commission, May :.5, a973- +9+try{ t_ City Plarner report of Planning Comnission actions, meeting of May 30, 1973. Coleunications: Trousdale Drive traffic Letters from Ann OrMoore, 1629 Lassen Way, Margaret C. Anderson, 1621 McDonald Way, Charles E. Happ, 1645 Coronado way. Park & Recreation, May 9, 1973, concerning a bird sanctuarlr on city-owned marsh lands was refered to the City Planner. Robert St. Claix, Chairman, Board of Supervisor.s, lqay 29, 1973, on "current medical cal.e programs. " Council of Mayors resolution urging covernor to veto reapportio Bent proposal endorsed by Assernbly. Application to serve on Parking Cdrunission (Arnolal H. Rodman). AD.TOURNMEI{I At 12 Midnight, to reconvene on Wednesday, June 6, 1973, at 5:0O p.m., in City HaU Council Chanbers to consider award of contract "ResuLfacing Bullingame Avenue. " 1y sutnitted, K Cj-ty Clerk APPROVED: R.D. MARTIN, MAYOR -=.-?