HomeMy WebLinkAboutMin - CC - 1968.04.01274
Burlingame, California
Aprll 1, 1968
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the
aboue given date. lteeting was ealled to order at 8:00 p.n.,rrith Mayor Pro Tefirpore Johnson, acting as Chairman Et. the requestof ltayor Diederichsen.
PI,EDGE OF ALIJGIANCE
At word from the Chair, aII in the Council Charnber arose and gave
the Pledge of Allegiance to the FIag.
ROLL CALL
Present -
AbEent
Councilmen:
Councilmen:
Crosblr-Di ederi ch sen-George- Johnson-Uart in
None
MINUTES
The Minutes of the regular meeting of lr{arch 18, 1968, Bu}.oitted to
Council previously, were approved and adopted.
1. APPEAL VARINICE TO MATNTAIN
TORAGE LgT ON HTGHIAIID AVENUE
A ccnmunication dated l{arch 27, 1968, bearing the signature ofI{rs. ifeanette Dessin, }lrs. ilohn Perry and trtrg. Edith V. Sofos,
Highland Avenue property owners, appealing the Planning CoimiE-sion's approval of a variance to maintain a storage 1ot for autos
on 145 llighland Avenue, was acknowledged and the subj ect set for
hearing before Council on April 15, 1968.
TTIGHWAY "AGREEME}IT FOR II,IAINTENA}ICE.,
A cciEnunication frcm the City l{anager, dated March 28, 1958, re-ferred to an agreement betrreen the State Division of ltighways andthe City of Burlingame for hlghway maintenance, revised this yearto increase the State'E contribution to the City for the maintenanceservice, and reconunended the adoption of a resolution to execute the
agreement.
RE SOL(nION NO. 26-68 "Resolution of the City council of the cityof nrilingane appioving Agreement For Maintenance of State Eighwayin the City of Burlingame " rraa introduced for passage on motion of
Councilman Crosby, seconded by Counci lman ceorge and unaniroously
adopted upon RoIl Call.
IJIONS CLUB PROPOSAI
Trhe presentation of the Lions Club proposal to install a plalground
on Trenton Way rras withheld pending the appearance of I{r. Paul iI.
Constantino, Lions club project chairman.
4. COUNTY MILI( ORDINANCE
A memo frorn the City lttanager, dated March 28, 1968, advised that in
compliance \.rith a request frdtr counciJ., inguiry was made of the county
Eealth Department as to \,rhether additional eosts to inspect rawmilk can be levied against agencies handling the product and to
which inguiry the reply Lndicated that the Agrieultural Code
"precludes such a eharge against the sellers of raw milk. n
COMMT'NICATTONS
2.
3.
275
A cmmunication frdn the Superintendent of the County Health Division,
dated Uarch 20, L96A, referred to recent naterial received bry Counci 1relative to the recent ruling of the District Attorney that the S;an
ltateo Ooun ty milk ordinance does not apply in the cities within the
County, that since 1957, a county ordinance requiring the pasteuriz-ing of rnilk Eold for human consumption haa protected the residentsof San Mateo County from the dangers of rarr milk; hcmever, as aresult of the ruling of the District Attorney, it has been dieclosedthat nany cities do not have an od.nance that will assure "safe"rtrilk.
Ttre cmnunication strongly urged that the "legaI technicality' be
corrected by either passing a loca1 ordinance or b1r authorizing the
enforcement of the county ordinance.
A cmnunication received by the City t{anager frqn the Director of
Eealth, county of San llateo, dated ltarch 27, L968, and reproducedfor Council infornation, advised, in part, that the "additional costof inspecting r nilk is not the important issue. ltre issue isthat rar', rni Ik is unEafe, that no amount of inspection can roake it as
safe aB pasteurized railk. To Permit raw mi lk to be legally soldin San l.lateo county would be a step backward in our efforts to protect
the health of the people. n
counci lman uartin nrade the observation that the State of California
regulates the Etandards of nilk.
The City Attorney advised that doctors assoeiated rrith the Health
Department have been recently nade aware that the nilk ordinance
adopted fu the county in 1957 is ineffective in cities within the
county, thereblr occasioning the request of the County Eealth
Deprrtment.
The city Attorney stated, Ln reply to Councilman George's requestfor a recmnendation, that sections of the county ordinance are not
applicable to the clty of Burlingame and that he would not concur to
adopt the county ordinance t)}, reference.
To counci lman tilartin'B inguiries for an opinion relative to the statusof the City of Burlingarae the City Attorney refeEed to a coplt ofthe ruling of the District Attorney, sutnitted to the Board of
Supervi3ors under date of February 5, 1968, and quoted frfri Section
35756 of the eg ricultural Code: 'Posrer of municipality or county to
establish standards - fhis divisi
the porer of a municipality or
county, tY ordinance or regulation, to eetablish a colpulsorypesteurization of market nilk or reaEonable higher standards formilk far and solids-not-far than those which are established inthis division, but suctr standards Ehall apply only to market mi lkafter standariiation tllr a nilk distributor. i
The city Attorney contLnued to read excerpts fron the ruling of theDistrict Attorney, that 'pursuant to the foregoing, a municipa.lity
nay, by ordinance or regulation, establish conpulsory pasteurizationof market milk rrithin its lindte. I€gislation on such subject thenis clearly sithin the scope of the powers on the nunicipalities. "
A motion introduced },l' Counci lnan Crosblr, that the City Attorney
prepare an appropriate ordinance for the city of Burlingame, failedfor the lack of a second.
Discuseion coneluded, Itlayor Pro Tempore Johnson recounended that the
subj ect be included on the Counci 1 study meeting agenda.
5. TRAII,ERS ON ANZA PACIFIC PROPERTY
A report dated tiiarch 15, 1968, on trailera, with one displaying areal estate sign, houeed on Anza Pacific property, was suhritted tothe City llanager hy the City Planner at the requeat of Council.
director are not a I imitation on
276
In a memo from the City litanager, footnoted on the report, Council
was advised that the storage of the trailers on prlvate ProPerty
doeE not appear to be iuegali however, the advertising sign nay
be in violation.
The City Attorney lras requested to sutmit an opinion to council at
the regular meeting on April 15, 1968.
6. STATE HIGHT{AY IIDEPICIENCY STUDY "
A cq runication frqll the Director of Public workg, dated March 28,
1968, to the City llanager, advised that his Office has prepareda "ttreet Deficiency Study " report incorporating the entire street
syEten of the city therein for transmittal to the state Divieionof HLghways prior to t{ay 1, 1968, as required by state 1aw, and
recmnended that a resolution be enacted by Council to fonrrardwith the report.
A merno frcEn the city uanager, under the same date, footnoted on the
coununication, concurred with the recqunendation.
counci lman Martin, referring to the map setting forth an "eatimateof atreet needs' questioned the markings in the area of Eillside
Ci rcle.
To Councilman Crosby's inquiry concerning the area on llcrk ard
Avenue bet\,reen Peninsula and Bay$"rater Avenues, the City Engineer
advised that the markings project the installation if signals atthe two intersections possibLy b[, the year 1978.
RESOLTNION NO 2'l -6fJ "transmitting to the State Department of
Pu c Works a Street Deficlencl, Ccrnpi l ati on " was introduced forpassage on motion of OouneLlman ceorlre, seconded tDr l{ayorDiederichsen and unanimously adopted upon Roll ca1l.
7.F.EC OMMENDATION FROM PARK COMUISSTON
RE: SERVICE ROAD EASr EL CAII{INO REAL
Council concurred rrith tlre request to continue the subject matterto the meeting of April 15, 1968.
8. I.EAGI,'E OF VOTERS RE:
REQI'ESTING SI'PPORT SB 231
A cmunication frqo the L€ague of lrlqnen Voters of Central San
Ittateo County, dated March 21, 1968, requested the support of Councilin the passage of Senate Bill 231, affecting the conservation and
development of San Pranci sco Bay.
A ccmunication waa directed to be ent to the L€ague, notifiringthe memhers of the aetion taken tV Council at the laEt regularmeeting in support of the pending legislation.
Ttle City Engineer advised that a connection frqn Hillside Drive to
Canyon Road is propoaed to improve traffic eirculation, statingthat the project horerever, may not becme a reality for aqne years
hence.
A cmunication frdn the Burlingame Park Cqunission, dated ttarch18, 1968, advised that at a regular meetLng on tilarch 7, L968,a motion vras adopted withdrawlng oppositlon to the widening of the
18O0 block of the service road on the east side of El Camino Realin favor of the current plan suhmitted ([F2O77) provldlng that theplanting meetE with the approval of the Park and the Palk
Superintendent.
A memo to Council, dated February 28, 1968, frqn the City llanager,stited that !tr. carl Snyder, who originally proposed the project,
has requested that the natter be held until the next meeting of@uncil.
bli
2?7
9. I,EAGI,E OF W0{EN voIERs
CO}iI{ENTS AND COMMEIIDAT ION
A cc[utrunication fron t]re Ieagnre of wcmen Voters of Central San
uateo county, dated ltarch 18, 1958, ccrurended Council on itsprocedure in preparing the annual budget and aE a conclusionto a year long study, offered recmnendations with respect to
appointmenta to the varLoug boardg and cmissions of the city.
A letter rras requeated to be directed to the l€ague, expre8sing the
appreciation of council and ackncirledging that the recmnendationewill be congidered at a council atudy meetingr.
10. NOISB NIEATiICE REPORTED
BROADVTAY- I,AGT'ITA AVE .AREA
A cmrunication t as read frorn urs. Martin Christiansen, 1153 Iaguna
Avenue, dated ltarch 25, 1968, calling attention to a public nuisanceat the intersection and it[Ilediate area of Broadway and Laguna
Avenues on Friday and saturday nights, particularly after 1o:30 p.m.,
created bv the anstdners of the village llost Pizza Parlor.
Mr. uartin Christianse, in attendance, was recognized try the Chair
and Btated that a recent investigation by the Police Department
has reduced the di eturbance coneiderably.
Irtr. Christianlren suggested that the instd.llation of a street lLghtto ilhlairte the area would be helpful and nay discourage robbries
occurring frequently at a nearblr gaaoline station.
Counci lman t{artin stated that the nuisance lras brought to his personal
attention and questioned ttre City l{anager on the procedure of the
Po1ice Department when inveetigating cdplaints.
fhe City llanager referred the inquiry to the Chief of Police, who
advised that a reEearch of the police log indicated that callE
received and responded to \z the Police Depa:rtment were frm the
manageoent of the Pizza Parlor and not fro the cdnplainant.
fhe Chief of Police referred to his report to the city Irtanager, date
Itlarch 29, 1968, advising that his department has conversed withthe crrmer of the Pizza Parlor, and thereafter"agreed to: (1) fnstall
panic hardware to eliminate in and out traffic through the reardoorr (2) to enploy a guard on Friday nights frcm 9 p.m., to 2 a.m.
closing to patrol the inside and the outEide of the premiees; and(3) to have an elnployee clear litter around the Pizza Parlor,
including the Ia\rns of nearby residences and the SheLl Service
Station.
Follcffing further discussion, the city Engineer \ras requeated toinvestigate the possibility of installing a lighting fixture as
suggested bV Mr. Christianaen.
RE SOLUTIONS
AGREEMENT EXECUT TON
CITY HAT,L ARCHITE TS
An "Agreenent for Architectural Services city HaU" sulnitted tD
Council previously, was briefly discussed with the follcnring re-visions approved and thereafter authorized i (1) lhat on Page 3,
Section tht the word icityI' be inserted to replace ttre rrord ficrmer "and (2) (hat the agreenrent include a "Non-Assignment of Agreement "clause.
RE SOLUIION NO. 28-68 "Authorizi ng Execution of Agreement By and
Beftreen the City of Burlingarte, a lfunicipal Corporation, and Venice
Ilc,!'rell, Albert W. Kahl and Willian A. Whl.fler, Architects, Providing
Por the Prepa ration of Drawings and Related Docwrents for the
Burlinganre City llall.' was introduced for passage on motion of Council-
IDan Crosbt/, seconded \z Couneilnan George and reeorded unanimously
upon RolI CaI1.
278
RECE SS
A Recess \ras declared !y the Chair at 9:00 p.m.
CAI.L TO ORDER
Che meeting r^ras reconvened at 9:15 p.m.
ORDINANCE S - Intrduction thereof:
oRDIIIANCE NO. 879 "An Ordinance of the cit y of Burlingarne
Arnending Chapter 1 2.16 of the ttunicipal Code and Establishing
Regulations and ProcedureE for the Removal of Orerhead UtilityFacilities and the rnstallation of Undergrdrnd Facilities in
Underground Utility Districts" vraa introduced \z Coruncilman
Crosby for first reading.
UNFTNISTIED BUSINESS
1 RECPOR CADILIAC ENCROACHI'{EIi}T
A contract, prepared brlz the City Attorney, permitting the RectorCadillac to lease a parcel of city property located within a
sidewalk area on Broadway, extending eaEterly to the BayshoreService Road, for the purpoEe of the storage of ne\^, passenger
autqnobiles, vraE approved for Council and authorizing the sub-
mission of the document to the lessee for signature.
2. PARK COMUISION VACANCY
A cmunication frm the Chairman of the Burlingame Park Cmission,
dated lr{arch 18, 1968, reccrmending an appointment to fill apresent vacancy in menberghip on the Park Caunission, was
acknovrledged.
IIEW BUSIIIESS
"REGIONAL P ROBI,EMS,, SEITINAR
A cd runication was acknorledged frqo I€o if. Ryan, Assenrbll4ran27th District, San iiiteo County, dated }Iarch 22, 1968, extendingan invitation to Council to attend a San Mateo County Regional
Problems Seminar at the Hyatt House on April 20.
fhe Chair r ecorrlrend ed that Counci I reserve the date.
On the subj ect of "regrioral planning, " Counci Inan Martin referredto an action taken by the Executive Board of AAAG, and hiE
appointment as a member of a "finance i cqnmittee.
Councilnan Uartin stated that he has requested a clarification rrithrespect to the status of the ccrfilittee that shall affect hisdecision to accept or to reject the appointment and rill reportfurther to Council.
COMMI'NTCATIONS (Agenda rtem #3)
IJIONS CLUB PROPOSAI REt
PI,AYGROI'IID OII TREIMON WAY
Irlr, Paul J. Constantino, recognized by the Chair, and identifiringhinself as Project Chairman for the Burlingame Lions Club, spokeon the Lions CIub dffer to finance the preparation of a 1,700square foot parcel of city-crrned property, located at ?renton
VIay and the Bayshore Access Road, to fence, and to eguip thearea for a child's playground facility.
1.
2?s
M!. constantino advlsed that it is the wish of the Lions Clubthat upon approval, construction be cqnmenced imnediately andthat the project be corpleted blt itune, to cmnenrorate the Sixtieth
Anniversary of the City of Bur1ingame.
Councifunan Martin aoved that council approve the project proposed
by the Burlingame Lions Club and that menibers of the cityrsstaff
be authorized to render appropriate assistance. Tte motion was
seconded tDz f,ayor Diederichsen and unanimouely carried.
A letter to the members of the Burlingane Lions Club, expressingthe appreciation of council, was requested.
ACKNOTI,EDGEME[MS
tilrayor Pro Tempore Johnson acknorledged receipt of Minutes of the
Planning Cqruni s si on, a conference report frmr the Superintendent of
Recreation and monthly activlty reports frcm the Library and the
san litateo county Health and Welfare DePartment.
IIEW BUSIIIESS (continued )
SEWEGE COIIDITIOTiI ON CORTEZ AVE.
A cdf,nunication was read frdn Mr. A. M. Llpscdrib, L227 cortez
Avenue, dated uarch 28, L958, stating that on this date and on
numerous occasions during the past Eix years, his backyard and
garage has been ccnrpletely sulrnerged in raw sewage, created fu a
clogged main line in the easement at the rear of his property.
:[tre comnunication further stated that hls requeEts for relief in
both written and verbal form to city personnel have been to noavail and an appeal therefore is presented to council for a Permanentsolution to elininate the serious hazard to healttt.
A report frqn the City Engineer, dated April 1., 1958, concerningthe canplaint, referred to occasions in which her personally inspectedthe site and his astonishment at the type and the anount of debris
being renoved frcn the E6rer.
fhe report stated that the eight inch serrer main in the alle}&ray
bet\reen Broadway and Sherman Avenue, while slightly subBtandard,
was determined, through meanE of an engineering hydraulic atudy, to
have more than sufficient capacity to carry the normal selt age.
ttre Chair recognized Mr. Lipsccnb, who appraised Council of the
current unsightly and health hazard condition of his pteoperty.
cdfiflenting on the efficiency of city crerrs in clearing debris,
Mr. Lipscorib stated that the relief is temporary, and the condition
recur s.
Considerable diseussLon arose on a solution to permanently reEolvethe problem.
The City Engineer advi8ed that the capacity of the serrer main can
be increased about one-third ty installing nine hundred and fiftyfeet of new main frcm Broadr ay to the next manhole dornstream on
Sherman Avenue, at an appror(Lmate cost of S8,000.00.
The City Engineer stated that with the t]t e of roaterial deposltedinto the sesrer, however, proper ma:lntenance would be lmpossible.
To a statedcDt frdn the City Engineer that hereafter the area will
be inspected periodically, Counci Iman llartin recomnended, with
Council concurring, that in an effort to prevent further stoppage,a city maintenance cre*,, completely ser.rer rod the line each month.
2.
280
Councilman ljlartin requested the City Engineer to "anchor " gewer
cleanouts to prevent vandalign.
STT'DY I,IEETING
lhe Chair announced that Counctl would meet in a study session on
wednesday, April 3, at 8:00 p.n.
AI}:,OT'RNUE}tT
tthe meeting was regularly adj ourned at 1O:20 p.m.
Respectfully autmitted,
t. y'-jYtu+e^*/ C-</)+<d--j
EBRBERT K. }T TTEcity clerk
'?L/h-e*2"A;-/-,*
APPROTED
TIERNER H. DEIDERICHSEN
UAYOR