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Burlingame, California
May 5, 1968
CALL TO ORDE R
A reguJ.ar meeting of the Burlingame City Council was held on the
above given date. Meeting called to order at 8:10 - Mayor
ilohnson in the Chair.
PI,EDGE OF ALI.,EG I ANCE
At \rrord frofl the Chair, allthe Pledge of Allegiance to
ROLL CA],L
in the Council Chamberthe F1?9.
arose and gave
Cros[-Diederichsen-George-ilohnson-Ittartin (8 : 14)
None
Present -
Absent
Councilmen:
Counci Lmen :
I'IINT'ITE S
The l{inutes of the regular meeting of April 15, 1968, submitted to
Counci 1 previously, t^tere apProved and adoPted rvi th a typograPhicalerror reporting Ordinance No. "789" instead of Ordinance No. "879"eorrected .
The I'linutes of the meeting held on April 16, 1968, to canvasselection returns of the Municipal Election held on April 9, 1958,sulrnitted to Council previously vrere approved and adopted.
A communication frqn John H. Jenks, Consulting sanitary and Civil
Engineer, dated April 22, 1968, with respect to the constructionof the waste Water Treatment and Reclamation Works, was acknc,r.rledged.
The City Engineer advised, in reply to Council's reference to
several recqnmendations outlined in the cqrununication, that (1) a nevr
and extensive moni.toring program to include a monthly monitoringof the receiving waters will reguire the purchase of a boat,
appurtenant eguipment, the construction of a ramp, the latter iEem
performed by a city task force - approximate cost, $800.00; (2) athird chlorinator, installed at a future date, will provide addedflexibility and reliability - approximate cost, $3,OOO.O0; and(3) the installation of eguipment to provide for autcnatic monitor-ing and control of air blcrrers rather than manual control -approximate cost, $6,000.00.
Councilman ttartin suggested that the city Engineer obtain a cqrpletelist of additional items recqnmended and the cost therefor.
A csnmunication frcm the City Engineer, dated May 1, 1958, recqnmendedthat the lcnrrest responsible bidder, the S and Q Construction Conpanyof South San Francisco, be awarded a contract for the constructionof the City's wastewater Treatment Plant, in the sum of $1,312,915.00.A memo from the city uanager, footnoted on the conununication, dated
uay 2, 1968, concurred with the reccrnmendation.
The City Engineer advised that the additional items recommended by
Mr. ilenk s will have no effect on the contract award; they may be
submitted later upon confirnration that Federal crant partieipation
is permissible.
Counci lman llartin, referring to Paragraph No 3 in the consulting
Engineer's communication, stating that ... "through perseverance
BIDS
1. WA TE WATE R TREATMENT WORKS
293
the city has been offered not only the basic available 30% federal
erant, but also the supplemental 10% Grant" observed that it was
through the continual efforts of council that the assistance was
received fron Federal agencies.
RE SOLIITION NO. 33-68 "Awardi ng contract for Waste water ?reatment
and Reclamat r. on Work s -Job No. 67-16" (S & O construction,
$1,312,915) was introduced for passage on notion of Councilmancros\r, seconded by Counei lman ceorge and unanimously adoPted upon
Roll Call.
2. WATE R SY SIEI\{ IMPROVEMENTS
Bids for ttre eonstruction of Water
streets within the city, opened at
were declared as follcnrs:
Systern Improvements in various
1O:0O a.m., on April 30, 1968,
Fairley Construction Co.
Wenrick and Associates
Associated Pipeline
cabildo CorporationEngineer's Estimate
Bids for the resurfacing of Gilbrethuillsdale Industrial Park, opened at
were declared as follovrs:
TO'IAI BID
$72,627.9O
82, 090 . O0
85,079.95
89,2L5.47
$68, 9r8. 00
A conrnunication from the City Engineer, dated April 30, 1968,
recommending that a contract be awarded to the lovrest responsiblebidder, the Fairley Constructors, in tshe total amoun L of $72,62?.9O,\ra8 concurred in by the City ltlanager in a memo dated May 2, 196Afootnoted on the cqrununication dated May 2, 1968.
RE SOLUTION NO. 34-68 "Awardi ng Contract for Water System Improvements-
J o No- 68-7 "Fairley Constructors,. 572,627.9O) was introdueed by
Councilman Crosby, who moved its passage, seconded by Councilman
George and unanimously adopted upon Roll CaIl.
3. RESUPJ'ACING MISCELI,A}IEOUS SIREETS
Road and llalcolm Road
1O:O0 a.m., on ltlay 1,
in East
1968,
Bragato Paving Co.
Lcrqrrie Paving Co.Fisk, Firenze, l{cl€anL. C. Srith co.
Pi dnbo construction co.
Engineer I s Estimate
TOTAL BID
$12,69
L3,25
13,80
14,01
15,08
5.00
o.00
I .00
o. oo
6 .00
$14,370.00.
RE SOIITTION NO. 35-68 "Awardi ng Contact. for Resurfacing of MiscellaneousStreets - ,ob No. 68-6" (Bragato Paving, $12,695.00) was introducedfor passage on motion of counci lman l{artin, seconded { Councilman
George and unanimsouly adopted upon RoIl call.
COMMUNICATIONS
1. GENE RAL OBLIGATION SEWE R BOND S
A cmnunication frqn the City Uanager, dated Uay 1, 1968, referredto a report frqtr Mr. E. A. Wilson, relative to the issuance of sewerbonds for the Waste Treatment Plant project in the arnount of
$850, O00 . 0o .
BIDDER
BIDDE i{
A ccrnrnunication fron the City Engineer, dated l{ay 1, 1968, recornrendedthat a contraet be awarded to the Bragato Paving Cqnpany, the lovrestresponsible bidder, in the total amount of $12,695.00. A memofootnoted on the cqtrmunicatioa fron the City llianager, dated May 2,
1968, concurred with the reccfimendation.
2s4
The city Manager verballi' advised that because of prior conwrit-
ments, bonding counsel representatives were unable to appear tofurther explain bond sale proeedure.
Council withheld an action and concurred with a suggestion from
Councilman Martin that the subject of an appropriate bond procedure
be considered at the next study meeting of Council with a
member of the bonding counsel firm invited to be present.
2. IABORERSI I'NION REQI'EST FOR
RE CT.ASSIFI CAT ION SUR\IEY
A cornrnunication was received frqn the Secretary of the Laborers'International Union of North American, AEIJ- CIO, Ioca1 #261, datedApril 25, 1968, reguesting an audience before Council on thisdate to speak in behalf of union members employed b1z the City of
Burlingame.
Itlayor ilotrnson recognized Mr. George Evankovich, Secretary-Treasurerof the Laborers' International Union, who, in referring to hisprevious presentation to Council and his recent appearance beforethe Civil Service Conrnission, urged that an immediate classification
survey be conducted as recommended by the Commission.
!1r. Evankovich stated that the various public works employees heis representing is well recognized as a union group and suggestedthat Council and a ccnrmittee frcrn the Labor Union meet to
schedule a date for the survey and that steps be taken tourardestablishing "a prevailing wage" scale.
Mr. John Mclaugh1in, taborers' International representative,
spoke on his gualifications in representinq city employees andreferred particularly to those employees in the lower categories
who are required to perform the varied duties of employees in
the higher classified positions.
I{r. llclaughlin urged that an irnmediate meetin} be scheduled with
Council and Union representatives to confer on classifications,
adding that under a Federal 1ahr, the issue is one that could be
taken to Court.
Irlr. Evankovich referred to a survey classification he personally
conducted, prepared and presented to Council last year, wj. th noresults thus far. His statement "while I do not advocate a strike,
I am not afraid of one" drew considerable objection frqn Council,.
Councilman Diederichsen related his experience as a labor repre-sentative for many years and spoke on the limitations under which
Burlingame, a general law city, can operate in conparison witha chartered city.
Councilman Diederichsen, in concluding his statements, expressedhis wiJ.Iingness to meet \^ri th Union representatives to discuss
"clas si fi cations. "
Councilman Martin, speaking as an employer and stating his
experience with labor unions, expressed no objection to negotiating,but that he did protest the staternents intimating threats.
Cqnmenting on a previously establi shed Council policy to authorizea classification survey every three years and to review salary
scales each year, councilman I{artin advised that this year auto-
maticalJ,y schedules a survey on classifications.
Follc,vring further discussion, Councilman l.tatin and Councilman
Diederichsen volunteered to meet with Union representatives ata luncheon meeting on Wednesday, May 15, 1968.
A recess was declared by the Chair at 9:00 p.m
RECE SS
2s5
CALL TO ORDER
Ttre meeting was reconvened at 9:15 p.m.
INTRODUCTI ON BANK OFE ICIAL
Mr. George S. Sleeter, uanager, Burlingame Branch, Bank of Arnerica,
was introduced trlz the Chair and welcomed as an observer on this
occasion.
c o}lr,luN lAT I ON S (Conti nued )
3. DATiICE PERMIT "FRIGATE " Lq'NGE
A conmunication was acknorrledged frqn Mr. Henry cunnington, Presi-
dent, H.c.J. Incorporated, dated April I0, 1968, request.ing the
issuance of a dance permit to be used in the operation of "TheFrigate" a cocktail lounge and restaurant, formally occupiedd by
I€e warren under the name of "The Piccadilly. "
An action by Council hras \^rithheld pending receipt of required
departmental inspection reports.
REQUE ST FOR REI{OVAT OF
TWO-HOUR PARKTNG SIGNS
A request from members of St. Paulrs Episcopal vestry, under dateof April 16, 1968, for the removal of the trro-hour parking restric-tions on Occidental Avenue between Bellevue Avenue and Chapin
Avenues, was referred to the Parking Conuui ssion for revier,rr and
recdrunendation to council.
AGREEI{ENT LEGAT SERVICES
RE: MUNICIPAL BONDS 1968
A ccnrmunication frqn the legal firm of Wilson, Jones, Itlorton
& Lynch, dated May 2, 1968, signed by Ernest A. Wilson, confirmed
an agreement to render specific services in the conduct of the
"$1,250,OOO.0O Municipal Improvement Bonds of 1968" proceedings
and the fees to be paid therefor.
councilman liartin moved that the agreement as set forth in the
cdmnunid,ion frqn bond counsel, dated May 2, 1968. be approved,
seconded by Councilman Crosblt and unanimously carried.
Councilman George referred !o information he has received concerningthe advantages to both the City of Burlingame and to bond purchasers
tDr the retention of a corporate agency to service the bond obligationfor an annual minimum fee of $50.00 or at the rate of five cents
Per coupon.
Council thereafter concurred to consider the proposal at a future
study meeting.
None
ORDINANqES Ccinsideration thereof:
ORDIIiIAICE No. 879 "An Ordinance Ado pting By Reference the Fj.re
Prevention Code, 1965 Editlon (Revised October 1966) Recommended Bl,the American Insurance Association and Amending, Repealing or AddingCertain Sections of Chapter 17.O4 (Fire Prevention Code) of the
Burlingame launicipal 6de" was given its second reading and upon
motion of Counci lman lttartin, seconded by Counci Iman Crosby, said
Ordinance passed its second reading and was adopted by the follcrvring
Rol1 Cal1 vote:
Ayes : Councilmen : crosby-Diederichsen-George-Johnson-Martin
Noes: Councilmen! None
Absent Counci lmen: None
4.
5.
R! SOLUT ION S
296
ORDINAIICE NO. 881 "An Ordinance Addi ng Chapter 8.I3 'Milkr Tocityfhe Municipal Ccde and Regulating the Sale of lli lk in the
of Burlingame " rras before Council for second reading.
Counci lman l.lartin expressed his uncertainty to the adoption of an
ordinance that would prohibit the sale of rrcertified" ni1k,particularly when a local business supplies the product.
Itlayor Johnson referred to a coNrtrnunication received at the lastregular meeting, from !trs. Delores Huajardo, 14OO Columbus Avenue,protesting legislation against the sale of ralr milk and to thelatter'E recent telephone call confirming her protest. I.{ayor
Johnson suggested that the subj ect be heLd and further diseussedat a study meeting hrith a member of the County Health Departmentinvlted to be present.
Counci lman Diederichsen and Counci lman ceorge each advised of their
conversations with persons interested in the subject.
Councilman Martin observed that the State
ban the sale of "certified" milk.of California does not
Fo11o^ring a brief discussion, the City llanager was requested toinvite an authorized state milk inspector (or to suhrni t a \,rrittenreport) and'or a raw milk dairy distributor to meet with Councilat the next study meeting.
I.INFINI SITED BUSINESS
CITY OF BURLINGAIT'IE vs. SOImHERN PACIFfC
A communication frcm the city Attorney, dated April 25, 1968, re-ported in considerable detail, the result of a hearing conductedby the California Publie Utilities Commission in an actionaffecting the City of Burlingame and other Peninsula cities versusthe Southern Pacific cdnpany with respeet to the latterrs public
parking program for its respective train depots.
fhe report advised that the Southern Pacific ccrnpany was orderedto: (I) Inaugurate its proposed public parking program at the
Peninsula stations and until further order of the comoission, toestablish charges of twenty-five cents per day or $3.00 per monthfor purchasers of five-day or seven-day monthly ccErunute tickets ora t\^renty-ride ticket t (2) keep in operation and not withdraw frqn
use for parking of its patrons, including commuter patrons, theparking areas at the Peninsula stations, until such time as it mayreceive authority to do otherurise tryr an appropriate order of the
Cqunission; and (3) to file an appropriate tariff $rith the Cqnnissionwi.thin sixty days fror the effeetive date of the order and on notIess than ten days' notice to the Conunission and the public.
The City Manager, in reply to counci lman Diederichsen, advised that
a eommittee fron the North County Counci I of Cities and a cqmittee
from the staff of the San Francisco Water Department rriII meet
on Thursday, llay 9, at whieh time one of the topics under discussionwill be the "old Uarket Street Rai lway right-of-way property. "
Discussion arose on the Southern Paci*ic Cqnpany's proposed public
parking progr.rm at its Peninsula stations and the unigue poEitionof the City of Burlingame, in that the Ci ty retains a revocablepermit for the use of property orrrned Ll], the San Francisco Water
Department beyond which property Southern Pacific propose toestablish its parking area.
Counci Iman lvlartin reccnunended, hrith Council concurring, thatnegotiations be continued with the San Francisco l{ater Departmentto purchase the right-of-way property.
I.
'297
)PROPOSED Al R TRAVEI., TAX
A memo from the National Institute of MuniciPal Law Officers,
dated April 30, 1968, alerted council that 'hrithout hearings or
debate and with no notice to the affected governments, the House
passed in H. R. L624L a repealer of the existing exemption of
state and local goverrunents frqn the tax on air travel by theirofficers and employees on official business." An urgent plea frqn
Mr. Charles S. Rhyne, General council, MunicS.pal Iaw Officers,
requested that the cities through their l{ayor or city officials
contact their senators and the chairman of the Senate Finance
Ccmmittee to urge that the provision eliminating the tax exemption
be removed frqn H. R. 16241.
A motion was introduced by Councilman ceorge, seconded by Councilman
lrlartin and carried, that Senators Kuchel and Murphy and the Ctrairmanof the Senate Finance Committee be immediately requested to
oppose the inclusion of the proposed air travel tax.
3. SIUDY MEETING SCHEDULED
lihe next study meeting was scheduled to be held on Wednesday,
June 5, 1968.
4. APPRECIATION TO DONAI,D POLIARD
Councilman Martin reconunended, with council coneurring, that a
corununication under the signature of the Mayor, be directed to!tr. Donald Po1lard, Regional Director, Planning Branch of HUD,
expressing the appreciation of Council for his efforts in obtaininga $45,000.00 grant to assist the City in the financing of the
sewer plant expansion proj ect.
NEW BUSINESS
1. CHAITIBE R OE COMI{E RCE BITDGET
Mr. cilbert Rodli, President, Burlingame Chamber of Corunerce, inreply to l4ayor Johnson, announced that Council lras invited to a
meeting with members of the Burlingame Chamber of Cq[nerce at a
luncheon at the Hyatt House on May 23, L968, to confer sn aproposed 1968-1969 Chamber of Cqmrerce budget.
TERMS OF COMl,lI SSION MEII{BE RS
A memo was acknovrledged from the City Clerk, dated April 24, 1968,sutEnitting a list of City Cqmnissioners whose terms have or will
have expired blr June 30, 1968.
blay 20, 1968, was selected as the date in which to suhni t names forthe Planning Cdnmission and ilune 3, 1968, for membership on theLibrary Board, the Park Cqnmission and the Recreation conrmission.
The City Manager rrras requested to ascertain prior to the abovereferred to dates of the willingness of the present medbers tocontinue to serve on the respective Corwni ssions.
REEERENCE TO "CAPITAI II.IPRO\rEIIIENT BUDGETING-
1961-1967 " and STATUS OF Ol/E RPASS 1I{PRC,\IEI{ENT
Mayor Johnson conunended thetributed to Council entitleding - I96I-t967."
city Planner on the
"Report on capital recent copies dis-
Improvement Budget-
Referring to a brief comnent therein that "no decision has been
reached on a particular plan or plans for the Broadway Overpass,,'I{ayor Johnson stated that t$ro cqrununications recently reeeivedby Council frdn Lavenstein & Company, 1310 Bayshore Highway, datedApril 19, 1968, and from Vehicle L€ase and !,tanagdment Services,Inc., 875 Co\^ran Itoad, dated Uay 2, L968, raise an issue on theincreased traffic problems at the Burlingame-Broad\,ray exit,particularly between the hours of 4:OO p.m., and 5:30 p.m., and
800
a request to regulate the traffic f1ov, by placing a police officerat the intersection.
Trhe City [tanager, in reply to the Chair, relatedin this respect and cqnmented on the futility ofto control traffic with space unavailable at theprovide a "stacking lane. "
pr:.or exPerLenceplacing officersintersection t o
It was suggested by the City Marqer that an officer be placed
the intersection of California Drive and Broad\ray to determine
vrhether a better traffic flovr may be maintained.
Fo).lowing a brief discussion, the City llanager was authorized
proceed at his discretion, to place the subj ect matter on the
council study meeting agenda and to invite the Ctrief of Police,Director of Traffic and a State Highway representative to be
present.
at
to
the
fhe City Planner referred to the number of plans presented to re-
design the Broad\.ray Overpass and stated that a firm commitment fromthe City is neeessary prior to an action by the State.
Counci Iman Martin expressed the opinion that the reverse is appropriate
and that a plan should be adopted by the city for transmittal tothe State for its review and recorunendations.
Follcnring discussion, council concurred with the recomnendation of
the city Planner that his Office and that of the City Engineer review
the plans thus far proposed to redesign the overpass and to
thereafter reccrnrnend to council a plan, in their opinion, most
acceptable.
CITY COI'NCIL SEMINAR
Mayor Johnson announced a forthcoming City Council Seminar to be
held in the City of Anaheim, May 19-21, 1968. councilman Dieder-
ichsen was authorized to attend.
PROPOSED IIUMAN RELATIONS COMI'II SSION
A cormunication was read from Robert B. St. Clair, Supervisor,
Second District, County of San Maleo, dated I'tay 3, 1968, advising
that after many months of studying the social problems of San llateo
County, the Human Relations Ad Hoc ccamittee has recqmended, rrrith
the Board of Supervisors approving, the establishment of a Human
Relations conunission -
Tthe conununication further advised that in determining the membersto serve, each Supervisor is required to subrnit a list of namesof interested citizens to be considered and it was therefore re-
questioned chat the City Council sutrnit tr"ro names of peoPle vrho irould
best serve the interests of San Mateo county in this field.
council requested l{ayor Johnson to obtain further details on \dhether
meetings will be held during the day or the evening, the amount of
time that will be involved, plaee of meeting and facts on finances,prior to submitting names for aPPointment to the ner,, county-wide
CofiEni s si on .
PAI,O CORPORATI ON REPORT
A memo frqn the city Manager, dated Uay 1, 1958, rePorted on the
dispute with the PaIo corporation concerning a discrepanry in the
square footage of the property acquired by the City for a new city
Ha1l site.
The City I'lanagerbe filed against
advised that Mr. Lynch has suggested that a suit
the Palo corporation to resolve the issue.
Mayor Johnson questioned the City Planner on the position of thecity of Burlingame lri th respect to the Broadway Overpass.
301
Council chereafcer concurred with the recornmendation of the City
t{anager that Mr. Llmch file an action and that an independent legal
review be obtained to determine to a conclrrion, the liability of
the Civil Engineer brho surveyed the property and those retained
tqr the city fo represent and to negotiate with the Palo corporation.
PROCLAMATIONS
lilayor Johnson
Uonth of !I4y,
Day, Hospital
announced that proclamations, appropriate to the
were issued as follo*s: Senior Citizens Day, Iah,
Week, Credit EEreau week and Goodwill Week.
ANNOUNCEMENTS
Notice was given by the Chair to a Peninsula Division, I€ague ofcalifornia cities Dinner lleeting, fhursday, May 16, 1968, at
the Vi1la Chartier.
BRUCE T'ARSIIALL COMMENDAT ION
Counci lman George referred to Patrolman Bruce l.larshall's recent
acco rplishment upon completing a law enforcement basic recruit
course and receiving the top academic award.
A letter of conunendation in behalf of
sent to officer ttarshall.
Council was directed to be
REPORT RE: ABAG
Counci lman Martin, Council liaison to the Association of Bay Area
G overnments, reported briefly on the recent develotrments in the
diversion of funds frqn ABAG and guestioned Ccuncil concerning the
proposed increase in the 1968-1969 dues.
council reaffirmed its former position and authorized Councilman
Martin to vote affirmatively on the increase in the city of
Burlingame's dues to ABAG.
ACKNOW:LEDGEMENT S
Mayor Johnson ackncmledged receipt, of a brochure entitled "Goalsfor Burlingame " prepared by williarn Spang J-e & Associates, an annual
report fron the san llateo uosquito Abatement District and a report
from the Library; Minutes frdn the Library, the Planning Cenrnission,
the Parking comrnission and the Health, Safety & Traffic Cornmission.
Councilman l{artin referred to the foregolng minutes:LibrarApril 16, under "Library Report, re: proposed cooperat J,\Ie re ference
system and requested more information on the subject; Library
Report, dated ApriL 16, under "building repairs" suggesting that
councj.l corunend tshe Fire Department for its action at the Library
during a heavy rain; Planni ss10n dated April 22, Item #3,special Permit., Parking Area, california Drive, Paragraph 6, statingthat the lega1 department rather than the city Clerk should have
indicated the extent of the City's interestr Item *5, SPeciaIPermit, Trucking Business, and Item #8, Special Permit, contractors'Yard, stating that the motions in each instance are not clearly
defined; and the Parkinq Corunission, April 24, lacking a qluorum,
cannot conduct a legal meeting.
CIVIL DEFENSE MEETING
councilman George advised that he will soon attend a meeting of the
San Mateo County Civil Defense and Disaster Preparedness Council
and a report will be submitted to Council thereafter.
WEST BAY RAPID TRANSIT AUTIIORI TY
A corununication t as acknorrrledged from the West Bay Rapid Transit
EOg
Authority, expressing appreciation to councilman Diederichsenfor recently participating in a helicopter tour of Bay Area
Rapid Transit District construction sites and facilities.
t"'he cqnmunication referred to a filmstrip portraying the extentof and the suggested solutions affecting the tsransportationhabits and patterns of San llateo County residents available forpubli c review.
Council thereafter scheduled a sho,ring of the film on ilune 3, 1968,at 7:3O p.m., prior to the regular Council meeting.
AATq'RNMENT
trhere being no further business, the meeting \.ras regularly adj ournedat 11:15 p.m.
Respectfully subuitted,
RBERT WHI
City Clerk
APPRO/ED:
CHARLOT JOHNSON
I,:AYOR
W