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HomeMy WebLinkAboutMin - CC - 1971.11.15Burlingame, California November 15, l97L CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date. The meeting was called to order at 8:OO p.m., by Mayor frving S. Amstrup. PLEDGE OF ALLEGIANCE At the Chair rs invitation the City Clerk-led the assemblage in the Pledge of Allegiance to the FIag. ROLL CALL Present Absent - Councilmen: - Councilmen: Amstrup-Crosby- Johnson-Mangini -Inlar t in None MINUTES The minutes of the meeting of Noverrber 1, 197L, previously sub- mitted to Council, were approved and adopted. COMMUNTCATIONS 1. ADRIAN COURT SI.IBDIVISION fn a communication dated November 3, 197L, the Director of Public Works reported that the subdivision known as "Adrian Courtt' off Adrian Road in the industrial area has been satisfactorily com- pleted, including street work and utility installations recited in the agreement executed between the subdivider and the city under date of Septenber 8, \97O, and requested formal acceptance thereof. In an addendum to the letter dated November 11, L97L, the City Manager recommended the subdivision for acceptance. RESOLUTION NO. 66-7L 'rAcc epting Public fmprovements - Final Parcel Map ' Lots Lr2 and 3, Block 6, Unit No. 3, Millsda1e fndustrial Park-- Adrian Court, was introduced for passage on motion of Councilman John- son, seconded by Councilman Crosby, and unanimously carried on ro11 caI1. 2. MATNTENANCE AGREEI\4ENT DIVISION OF HIGHWAYS A communication dated November 10, L97L, from the Director of Public Works subnitted for approval a new Maintenance Agreement to be executed with the State Division of Highways for the fiscal year L97L-L972. The communication explained that the agreement will replace one that has been in effect since Apri1, 1968, and must be executed for the city to be reimbursed for highway lighting on the recently completed Broadway Interchange Project and increased costs of sweeping El Camino ReaI (Route aZ1. In an addendum to the letter dated November 11, L97L, the City l4anager reconmended that the Agreement be executed. RESOLUTION NQ. 67-?L "Resolution Of The City Council Of The Cit vofBurlingame Approving Agreement For Maintenance Of State Highway fn The City Of Burlingame" was introduced for passage on motion of Councilman Crosby, seconded by Councilman Mangini and unanimouslycarried on ro11 call. 3. CAST IRON PIPE PRICE FIXING LITIGATION Acommunication dated November 11, L97L, from the City Attorney concerned a notice served on the city of pending litigation in theUnited States District Court at Birmingham, Alabama, in connectionwith alleged price fixing and allocation of territories in the saleof cast iron pipe and fittings to public agency purchasers withinthe period 1945 - L97O. The communication recommended that thecity seek exclusion from the new litigation for the reasons noted. Commenting on the matter, the City Attorney explained that the 153 154 city was a party-praintiff to simirar litigation conducted by theCalifornia Attorney General--trWestern Pipe Casesr,--and has beenreceiving payments on the judgment that was entered for the city and other public agencies; obviously, double recovery is not pos-sible and, in the new litigation, if judgment is for the pipe companies, the city rnay be obligated to pay a pro-rata share ofthe costs of litigation if it elects not to seek exclusion. On a motion introduced by Councilman l,Iangini, seconded by Councll- man crosby and unanimousry carried on ro11 calI, the city Manager r,rras authorized and directed to execute and file the'rElection tobe E><cluded. " 4. BtRLINGAIvIE,vs. JOHN P.FrscI{ER (1117 Parm Avenue) Acknowledgment was made of a report datecl November 11, lg?1, fromthe City Attorney in connection with an action by the city torestrain continued building and zoning code violations at the above- noted address" The City Attorney explained that a sale of the propert)' was stopped, as a resurt of the litigation, that the prospective buyers agreed to make all of the necessary corrections; a subsequent inspection bythe Building fnspector revealed aIt violations corrected, and the case is now closed. 5. COMMISSION APPOIMMEMS A communication from the City Manager dated November 11, Lg7L, con- cerned r.eappointments to commissions and existing vacancies. With council concurrence, I,Iayor Amstrup announced the reappointmentof l4rs. Betty [.ane to a full term on the Park and Recreation Com-mission; the city Manager was requested to send formal notification and, also, to extend Councilrs appreciation for past services to Ivtr. Robert l.enardon, who was unable to accept reappointment. The Chair announced that Council will be eonsidering appointmentsto Park and Recreation, Parking Civil Service Commissions andinvited interested persons in the audience to subrnit their namesto the City Manager. 6. PARKTNG RESTRICTTON 1OOO BLOCK OF BROADWAY A communication from the 6ity Manager dated November lI, 1-97L,stating that a request from business establishments on the north side of the 1OOO block of Broadway for one-hour parking limita- tion is endorsed by his office, the Parking Commission and Police Department, was referred to the City Attorney to prepare legis- lation for Council's consideration. ORDINANCES Introduetion of: 1. NO. 936 - Reports of Residential Buildinq Records The City Attorney, responding to Councilman Mangini's inquiry, explained that there is before Council the original Srdinance No.936, which was introduced several months ago, and the revised 936, pre- pared at Councilts direction essentially in accordance with the hearing that was held at the last meeting. With respect to pro- cedure, the City Attorney recommended that Council discuss the revision and that it be introduced as an amendment to the ordinance before Council, if acceptable. Responding to a series of questions from Council, the City Attorney eqplained that the ordinance makes it mandatory upon the seller of any residential property to furnish to a purchaser a report from City HalI records having to do with zoning classifications and use; if a buyer desires a physical inspection and report based on suchinspection, is willing to pay the fee and the owner is willing to permit the inspection, it will take place and the report will issue. The City Attorney stated that the schedule of fees and the respon- sibility therefor are recited in Section 25.8O.O7O. 155 l,Iayor Amstrup recognized },tr. Hugh Connolly, attorney representing the San Mateo-Burlingame Board of Realtors, who offered the following revisions in the language of the revised ordinance for Council con- sideration: (1) Section 25.8O.O5O Form of Report - sub-paragraph (a) 1ine5: delete "possible'r for the reason that the ordinance should concern itself with illegalities, not possibilities, and that an inspector should not be encouraged to find possible illegalities; (2) Tn the same sentence as above, the last five words "and any othei applicable informationl "the wording is too vague and would perhaps permit an unfair comment by the inspector. (3) F\rrther with respect to "Form of Report"--ltr. Connolly stated that Councilman Martinrs comment at the last meeting that this was properly an administrative matter was reasonable but if it is to be prepared by staff, it should be subject to Council approval and made available to other interested persons for review and comment because the report form is so critical in this type of ordinance. (4) Section 25.A0-.O6O Liability of City - add the follor,ving words at the end of the section, after"zoningtr---t'except for the matters covered by the report. " He stated that undoubtedly the intent is that the report does not make any expression or implied representation to ratters that are not covered in tlereport but the present language creates an area of ambiguity that should be clarified. The City Attorney indicated no objections to the suggested nodifica- tions with respect to'rForm of Reportrrr provided it is understood by everyone that any report of value will include a place forrtcommentslrr he stated it is inconceivable that the City Council will approve of a form of report that is so all-embracing that it will fit every struc- ture, every inspector, every service that the, city might have; he pointed out that the deletions suggested by Ittr. Connolly can be re- inserted by the planner authorizing a form which would give the inspecting officer the opportunity to make a few comments which he deemed necessary to the complete function of the report. Additionally, commenting on the suggested revisions on page 3, Liability of City, the City Attorney stated that he did not agree with nor recognize the advantage of the addition; for the reasons that what the city is undertaking to do is (l)nake it quite clear, as everyone has requested, that it is issuing a report based solely on cit1, hall records; and (2) should there be an on-site inspection with the consent of the owner, the city can make no representation in connection with concealed items, such as nature of construction, electrical services or plumbing. Councilman Mangini questioned whether the ordinance as proposed actually will accomplish the desired result; will deletion of the requirement for mandatory inspection deprive staff of the opportunity to uncover deliberate evasion of regulations; will the requirement for reports prepared from city haIl records create a work load that will burden staff and interfexe with performance of other duties; is the language so vague in some areas that a buyer could find him- self in the position of having purchased a property that does not conform to code. He stated that the ordinance appears now to be directed toward misdeeds that have occurred, rather than providing the tool for prevention of future violations. The City Planner commented that the basic need in the city is togain conformance with building permits and to see that aII construc- tion is covered by building permits, that the ordinance is a forward looking approach to all future actions in the city and that it isdifficult rrto look back and attempt to capture the horse after it isout of the barn. " Councilman l,Iangini commented that from his viewpoint that is what the ordinance proposes to do. 156 Councilman Crosby expressed approval of the ordinance, stated thatthe natter of inspections apparently has been resolved by providingfor the owner to obtain and pay for the initial report and, moreirnportant, the ordinance will preserve the rights tr ^ propertyowner by giving to hirn the privilege of deciding whethei or not thereshal1 be an on-site inspection. councilman Johnsonracknowledging the efforts of staff and otherswho have worked diligently in the preparation of the ordinance, commented that its implementation will be a time-consuming operation,both for the city and the individuals involved, that infoimalion isavailable to prospective purchasers at city halr and, if a physicalinspection is desired by the buyer, cannot that be arranged by someother method than by ordinance. Councilman Johnson stated that theremay be some illegalities discovered by staff in researching recordsbut, undoubtedry, the bulk of the reports will show no evidence ofviolations and it would appear that i like effort by staff directedtoward prevention of illegal construction would be of greater valueto the city and its residents, and that she is not convinced thatthe ordinance is necessary, Mayor Amstrup supported the ordinance as a method of giving to staffadditional leverage in its attempts to gain compliance with buildingand zoning regulations; he questioned that an o*ner wilI be undulyburdened or penalized and noted that the real estate people apparentlydo not object to the requirement for a zoning and use retort. Councilman Martin suggested that Council be polled to determine ifthere is a majority opinion in favor of introducing the ordinancefor first reading at this time, amended on its face by deleting theword I'possiblerr (line 5, section 25.8o.o5o); adding a provision forCouncil to approve by motion the repott fiorm, or any rlvision thereof;and in.section 2580.060, deleting the last line by placing the periodafter the word "ordinance. r' Councilmen Crosby and },Iartin and lvhyor Amstrup favored introductionwithout deray; councilmen Johnson and lrlangini dissented. CRDTNANCE No. 936 as previousry introduced was amended by theintroduction by councilman Martin of a revised ORDTNANCE No. 936entit1edl'AnordinanceAmendingThe},hrnicipa1c@ Burlingame By Adding Chapter 25.80 (Reports of Residential BuildingRecords) To Title 25 {zoning)" in the form filed with the City Cletkthis date without objection. Yayor Amstrup announced that the ordinance will be before Councilfor final action at the meeting of December 6, Lg7L. REcoIvTENE Following a recess at 9:o5 p.m., the chair reconvened themeeting at 9:20 p.m. 2. ORDTNANCE No. gL7 creating and Estabrishing Department ofPlanning and Office of City Planner; Responding to an inquiry frorn Councilman Johnson, the City Attorneyorplained that a reconuendation from the City Irdanager supported bythree members of the Council would be necessary to eliminate theoffice or remove the citv planner; in further comment, the cityAttorney stated that it will be necessary soon, since council has employed a city planner and there will be a director of finance inthe near future, that a procedure be adopted for disciplining ordischarging non-civil service employees and that he intends to pre-pare material that will apply to all such officials. QDINANCE NO. gL7 'rAn Ordinance Creati ng And Establishing ?heDepartnent of Pranning, Establishing The office of city prannrir And Defining The Duties And Responsibilities of rhe office" as amended, was introduced for first reading by councilman Johnson. ORDfNANCES - Second reading: I. NO. qL6 - Adopting Uniform PLumbing Code, L97O Edition, With Amendments Mayor Amstrup recognized Ivk. Thomas Hunter, Business Manager, Plurnbers and Steamfitters Local Union, who referred to a list of amendments sent to the Council, which the local union respectfulty 157 reguests will be adopted in conjunction with the 1970 Uniform Plumbing Code. I\,1r. Hunter discussed the suggested amendments, explaining the unionrs position and stated that the primary concernis directed to the provision in the code allowing the use of plastic pipe, which he described as highly flammable and, when burning, the producer of a deadly gas. He showed a film of a test conductedby the New York City Fire Department for the purposes of illustrat- ing the effect of fire on plastic pipe vs. metal and the speed with which the forner will burn and accelerate a structural fire. t"E. Hunter stated that plastic pipe is subject to damage where rodding equipment is used for clean-out purposes. John Calwell, Chief Building fnspector, stated that the City of Burlingame adopted the Uniform Plumbing Code in 1961, with amend- ments, and re-adopted the 1964 code; at that time, plastic pipe was in its infancy as far as dwellings and it was not included in the code because of the lack of standards for installation; sincethen, the product has been examined and tested by the Federal Govern- ment and by every testing laboratory in the count5y, with the resultthat it has been widely accepted and used. Mr. Troy Davis, representing the producer of ABS plastic pipes, commenting on the film pointed out that in the average home thereis 80 to 1OO pounds of plastic material as compared to over 2OTOOO pounds of construction lurnber, that other naterials in a home-- mattresses, bedspreads, etc.r-- all burn at lower ignition tempera- tures than ABS plastic pipe; he stated that the product will acceptall commercial cleaners, as well as mechanical cleaning devices, and that l,Ir. Hunterrs statement that roto-tooter equipment will penetrate the walI of plastic pipe was the first such corplaint he has heard. Ivlr. Davis stated that 12OO major cities have accepted or approved ABS plastic for plumbing systems and that the piping has been installed in 4-1/2 nillion homes in the country. Councilman Martin expressed the viewpoint there would appear to be no reason for excluding the material from the code--it is not all bad and the people should at least have the choice of using it ornot; he urged there be uniformity of codes--not variation from cityto city--if the standards are inadequate or impractical, the codes should be amended. ivlr. Gordon Blackley, representing Building Industries Association, asked that Council consider and adopt the Uniform Plumbing Codeas a document underwritten by a group of experts in the field. Hestated that if plastic were as dangerous as its opponents allege,the code-writing authorities would have been notified and its use discontinued. Mr. Don C. Cole, lL7 Occidental Avenue, recalled that the CityCouncil considered the safety factor in rejecting Romex electricalwiring in residential buildings and asked that the same criteriabe applied in the present situation--that plastic pipe not beperrnitted until it has proved itself. The Building Tnspector, responding to councilmen crosby and Mangini,reiterated his position that the public should be permitted the choice between plastic or metal pipe. Councilman Crosby stated that he would be guided by the Building Inspector ts knowledge and experience. councilrnan Johnson objected to plastic pipe for the same reason she objected to Romex; she would prefer not to sacrifice qualityby selecting a product because it is cheaper and considered the code unacceptable in its present form. Mayor Amstrup concurred with Councilman Johnsonl e:cplaining his concern for safety and durability, he expressed the opinion thatthe potential for trouble in both areas is greater in prasticthan in metal. ORDTNANCE NO. 946 'tAdopting By Reference The Uniform plumbing With Amendments, And Amending Section 18.12.O1OCode, 197O Ed:it ion, 1,58 Of The Burlingame l,lunicipal Code And Establishing Ru1es, Regula- tions And Standards For The fnstallation Of Plumbing Fixtures And Appliances" was given its second reading; on motion of Councilman Crosby, seconded by Councilman Ivlangini, said Ordinance passed its second reading and was adopted on the following ro11 call: A)BS: COUNCfLMEN: Crosby, Mangini, Martin NOES: COUNCfLMEN: Amstrup, Johnson ABSENT COUNCILMEN: None NEW BUSTNESS 1. REFTJND - COSTS OF ADMINISTRATION OF SAIES TAX t"tayor Amstrup delivered to the City Clerk a letter from the State Board of Equalization, signed by George R. ReilIy, reporting that the City of Burlingame will receive a refund in the amount of $2SO.89, representing the city's share of reduced costs of adminis- tration of sales and use tax. 2. LEAGUE OF CALIFORNTA CITIES PEN DIVISION The Chair referred to the announcement of the regular meeting of the Peninsula Division, League of California Cities, to be held on December 9, Lg7L, and asked the City Manager to pass the informa- tion along to staff. 3. CI{EMICAL WAGON A motion introduced by Councilman Martin, seconded by Mayor Amstrup and unanirnously carried, approved an expenditure of $18O.OO for stripping and plating tanks on an old chemical wagon--relic in the fire department--that personnel is working to restore. 4.PROJECT FORM - REG IONAL WATER QUAI-ITY CONTROL BOARD A recommendation from the City Manager in a memo dated November L2 that the ltunicipal Project List Worksheet be filed to meet the deadline of November L7, L971, was unanimously concurred in by Council. 5. BICYCLE ROUTES Communications from persons urging establishment of bike paths r^'ere delivered to the City Clerk for referral to the Park and Recr eat ion Commission' 6. BAYSIDE PARK BLEACHERS Councilman Martin referred to a communication from l'Ir. Hanamoto concerning problems that have developed in connection with bleacher facilities proposed by Out<loor Products Company, stating that apparently another meeting will be necessary so that he can dis- cuss the matter with lt4r. Sine and IvE. Hanamoto. I{e asked the City Manager to furnish hirn a set of the drawings on the original bid. 7 APARTMENT BUILDING.1511 NBWIANDS AVENUE Council heard a report from the City Planner, the Building Inspector and 1,1r. Dick Burke, representing Homestead Savings and Loan, con- cerning a situation that has arisen in connection with development of the building at 1511 Newlands Avenue, permitted on a variance approved bythe City Council on appeal--the grounds have not been finisneA in accordance with the approved plans; instead of landscaping, there is concrete patio,and a fence at the front of the building and other problems in the carport area. Council agreed with Councilman lr{artin that any construction not in conformance with plans be halted immediately, the Planner and Building fnspector to furnish Council detail"ed information on the violations. 159 REPORT . ''STATE OF THE CITY'I PROGRAM Councilman Johnson discussed the program that was presented to the Chamber of Commerce at its meeting of Novenber 5 by city officials; the State of the City was the theme, Mayor Amstrup gave the welcome, the City Manager, who had arranged the program, discussed capital improvement projects, and the Chief of Police and Fire Ctrief gave very fine reports on the activities of their respective departments. COMMENDATION Councilman Johnson stated that l,Irs. Bemice Geralds in the City Clerk's office is doing an excellent job in composing the column "Views and News from Burlingame City Hal1r' that apPears regularly in the Millbrae l.eader and should receive official recognition; the City l,lanager was requested to direct an approPriate letter to l,lrs. Geralds. STUDY MEBTTNGS Councilman Johnson asked that Council attempt to come up with a solution whereby better progress will be made in processing the many items that are presented at the study meetings, whether by scheduling an extra meeting occasionally, or referring certain matters to one or two members for review and rePort. ACKNCX^ILErcMBNTS Communications: Otrr tady of Angels Parish Board of Education e:<pression of appreciation for Councilrs approval of stop light installation in the vicinity of the school. COMPUTAX CORPORATION, 826 Burlway Road, commending l,k. Jerry Taylor, Department of Public Works ernployee, fot services rendered in a recent emergencY situation. Edward T. I{a1sh, Assistant Superintendent, San Ivlateo Union High School District, thanking Council for its cooperation in sponsoring the Drug Abuse and Counseling Project. Announcement of retirement dinner on December 16, L97L, at Airport Irliarina Hotel, honoring Alan S. Hart, District Engineer in Division 4, Division of Highways, San Francisco. The City Manager was requested to prepare an appropriate resolution for forwarding to IvIr. Hart. Reports: Police and Fire Departments, Minutes: Planning Cornmission, October rnonth of October, L97L. 27 and November 8, 197L, The Chief of Po1ice was requested to report to Council on the increase of incidents under t'arson" and 'tburglaries, otherr" as reflected in the monthly report. PUBLIC HEAR INGS SCHEDUI..EI) 1. PIANNING CCi"IMISSfON RECOIVIMENDATIONS - Resolution No. l-7L rrRecommending The Adoption Of An Ordinance Regulating The Height Of Radio And Television Antennas'r and Resolution No. 2-7L "Recommending The Adoption Of An Ordinance Amendirrg Section 22.44.O2O Of The lrtunicipal Code Regulating Height Limitations on Pole Signs" were acknowledged. The proposed ordinances were scheduled for public hearing at the City Council regular meeting of December 6, L97L. APPROVALS trlarrants Nos, 8994 through 9190, in the amount of $160 1266.58duly audited, were approved for payment on motion of Couneilman Ir,langini, seconded by Councilman Crosbyand unAnimously carried. r60 Payroll Checks--- Nos. 1609 through 2OOO and 2O5OI through 20680, Gtober, L97L, in the amount of $21or284.o7, were approved on motion of Councilman Mangini, seconded by Councilman Crosby and unanimously carried. ADJOURNMENT The meeting was regularly adjourned at 11:10 p.m. Respectfully submitted, Herbert K.te, City Clerk APPROVED: JfrvlngS.Amstrup,