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.
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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.
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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.
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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.
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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-
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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.
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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.
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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.
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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
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