HomeMy WebLinkAboutMin - CC - 1967.08.21178
Burlingame, California
Auqust 2l , 1967
A regular meeting of the Burlingame City Council was held on the a,bove
given date. l,teeting ca11ed to order at 8:05 p.m., - Irlayor Diederichsen
in the Chair.
At r,rord from the Chair, all in the Council Chamber arose and gave the
Pledge of Allegiance to the FIag.
ROLT CAIL
Present - CounciLmen:
Ab8ent - Councilmen:
Crosby-D iede rich sen-George-Johnson-!{artin.
None.
!4INIITES
Ehe minutes of the regular meeting of August 7, 1967, submitted to
Council previously were approved and adopted, follonrring Councilnanuartin'6 requeat that hie cornnenta concerning Library budgetary require-
ments include "that rented storage spaces may be made available if needed. "
BIDS - MILLS CREEK SEWER (Job 57-23)
Bids advertised
August 6, L967,
ae follsra:
for the l,ti116 Creek Sewer installation, opened on
in eonpliance with published notice. were declared
E. Foster Company
Fairley Construction Co.
Fremont Pipeline Co.
Associated Pipelire Co.
llccuire & Bester
MTAL BID
$8loll
L2
15
,4L5.42
, 505.00
,830.O0
,890. OO
, 150. OO
$10,497. s0
A corununication from the City Engineer, dated August 16, 1967, advised
that the loqr bid for the inEtallation of sanitary sewer mains and man-
holes in a section of the City easterly of Margarita and Alturas Drive,
northerly of La Itlesa Drive was received by E. Foster Company r an investi-
gation of the contract atatus of the lorr bidder, determined satisfactory,
it was recdrurended that the bid in the total ar0ount of $8,415.42, be
accepted .
A memo fron the City Uanager, footnoted on the communication. concurred.
RESOLUTION NO. 47 -67 "Agrardin g Contract - ltills Creek Sewer - Job No.
67 -23" ($8,415.42) was introduced for passage on motion of Councilman
Crosby, seconded \r Councilman Johnson and unanimously adopted upon
Roll Call .
HEARING - APPEAL APPLICATION
P IOII1BO CONSTRUCTION EARTII HAI'L PERMIT
CALL TO ORDER
PLEDGE OF ALLEG IANCE
BIDDER
Engineer's Estimate
Hayor Diederichsen announc-ed that a technicality, affecting the hearing
on the appeal of the P iolnbo Construction Company for an earth hauling
permit over Trouadale Drive and El Camino Beal, denied by the city
Hanager, may neceseitate the subject matter being re-scheduled.
t7s
fhe City Attorney advised that the ordinance code recites that ,,the
city C1erk shall set the hearing on such appeal before the City Councilfor the second succeedi-ng regular meeting after the date of fi1ing suchnotice" and his recollection of the ordinance on the occasion of the
submiesion of the appeal at the J.ast regular meeting was in error.
Itr. David Carr, identifying himself as an attorney associated with the
law firm of Carr, t{celellan, Ingersoll, Thompson & Horn and representing
the appellant, stated that in view of circumstances related to him
through the Office of the City lr{anager, his client had no objection to
the re-scheduling of the hearing to the next re$rlar meeting of Council.
COMMT'NICATIONS
1 .'T'P-DATE" ],952 " NOLTE REPORT"
A memo from the City Uanager, dated August L7, 1967, referred to a
conununication from the San Uateo County Engineer. requesting the reaction
of Council regarding a proposed study to "up-date the Nolte Report of L962."
Tlhe City Engineer advised, in reply to the Chair, that a period of five
years has elapsed since the submission of the "Nolte Report " and a
sufficient numbe r of change s have occurred throughout the county in the
interim, to merit a study; in his opinion, ho*ever, the extent of the
expenditure and who shall assume the burden thereof should be first
determined .
Folloring a brief period of discussion, the city tr{anager \ras requested
to obtain further information from the County Engineer concerning costs
and horr the proposed "up-grading" of the 1962 Nolte Report may individually
affect the City of Burlingame.
2. BURLINGAIiIE BOWL LICENSE APPROVAI
A memo from the city uanager, dated August L7, L967, advised that favor-
able reporta have been received from the Fire, the Police and the Eealth
Departments as the result of investigations conducted at the Burlingame
Borrl Billiard and Borling Alley and it was the recommendation of his
Office that the license reguested by the ne&, operator be approved.
A motion to concur with the recomlendation of the City l,lanager and to
approve the issuance of a license to l,lr. George 9larwi.ck was introduced
by councilman ceorge and seconded by Councilman crosby.
on the question, the Chair recognized !lr. Janea Kelstrom, Burlingane
Boxrl ceneral uanager, r*ro, in reply to inquiries, explained meaaures
taken by the ner, management to discourage the entrance of "undesirables"
from the Borrl and conrpl imented the Police Department for its cooperation
and assistance. 1rhe motion thereafter unanimously carried.
3 . COT'MIY OF SADI MATEO RE:
WATER QUALI1TY PROBLEU STI',EX
A comnunication from the county Engineer, dated August 8, 1967, advised
that the California water Ouality Control Board has undertaken a study
progr.rm of rrater quality problems of the san Francisco Bay and the
sacramento-San iloaquin Deltar that the objective of the program is to
determine the need for and the feasibility of a multi-purpose waate
In reply to lr{r. Willian Caplan, President, litills Estate Home Owarers,
Association. and acting upon advice from the City Attorney, [ayor
Diederichgen announced that an action prior to adjournment would acknorrl-
edge Tuesday, Septenber sth, the day follorring Labor Day, as a regular
meeting of Council.
180
collection and disposal systen for serving ttre entire san francisco
Bay-Delta area, culminating in a report to be submitted to the
Legislature in January of 1969.
the conmun i cat ion further advised that all cities within the Courty
are invited to submit comments and recotmrendat ions concerning the
prograrn to the Office of the County Engineer, and in turn, all iaforma-
tion so received will be reported to the County Board of supervisors
for its consideration in conjunction with the county Engineer's report
and recommendations.
:fhe city Engineer, at the request of the Chair, briefly outlined the
purpose of the study program that includee the entire northern and
southern areas of the Bay.
Co|ment ing that the study rrarranta close attention to forestall a
criteria that nay be econornically impractical, the City Engineer
advised that Mr. John Jenks, observirtg the studies in progress, will
report to his office.
Councilman Uartin advised that basically, a study group is in the
process of co]lecting physieal information and the data obtained will
be of extreme value wten reportg are submitted to the State Legislature.
Councilnan ltartin stated the opinion that information will be required
from the City of Burlingame and the City Engineer rras requested there-
after by Council to continue to observe the study progrram initiated
by the Cal.ifornia Water Ouality Board.
Mayor Diederichsen announced that this was the time and place
to hear objections to tireed assessments againat particular lots
parcele of land.
scheduled
or
Ttrere being no one present to object and the City Clerk reporting that
no conununication has been received in p rotest, RESOLUIION NO. 48-6?
"Fixing Assessment for Weed and Rubbish Abatement, 1967" eras introduced
for passage on motion of Councilman Martin, seconded by Councilman
Johnson and unanimously adopted upon Rol1 CaIl.
RESOLUTION NO. 49-67 "Orderin g the Vacation and Abandonment of Portions
of Certain Public Utility Easements, wire Clearance Easements and
Anchor Easements as said Eaaements Are Shown on Tihat Certain lr1ap Entitled
'East Millsdale Industrial Park, Unit No. 2, Burlingame, San ltateo County,California"' was introduced for passage on motion of Councilman Crosby
and seconded \r Councilman ceorge.
On the question, the City Engineer, in reply to Council inquiries..
advised that to improve Parce1 No. 2, of a resubdivision of a lot at
the corner of Ittahler Road and cilbreth Road, it is necessarlz to vacate
a public utility easement i cqrununications received fron both the ga8
and telephone companiee indicated no objection and the facility is of
no eervice to the City.
A Ro1l CaIl vote on Resolution No. 49-57, rras thereafter recorded as
unanimous.
ORDINAT{CES - Cons ideration thereof:
oRDTNN{CE NO. 867 "An Ordinance Ca11in g a special Election in the city
of Burlingame For llhe Purpoae of Submitting to the Electors of Said City
a Proposition for the Incurring of a Bonded Indebtednees of Said Cityfor the Acquisition, Construction and Conpletion of a Certain ttunicipal
Improvement r Declaring the Estimated Cost of Said Improvement, the
RESOLUTIONS
181
Amount of the Principal of Said Indebtedness to be Incurred lftrerefor,
and the Maximun Rate of Interest to be Paid Ihereon; Fixing the Date
of Said Election, the Uanner of Itolding the Same and Providing for
Notice llhereof - Seeerage Treatment and Disposal lrlorks and System"
r*as given its second reading and upon motion of Councilman Johnaon,
seconded by Councilnan Martin, said Ordinance passed its second reading
and was adopted by the follorling vote:
Ayes:
Noes :
I'NFINI SIIED BUSINESS
1. KAT PATCH II APPLICATION
At the request of the Chair, the City l{anager referred to inspection
reports received from the Health, Fire and Police Departments in connec-
tion l'ith the application of Kat Patch II for an entertainment permit,
that with the exception of panic hardware on front and rear exit doors,
no other violations or deficiencies were notedr the report from the
Police Department stated that no grounds were found to disapprove the
granting of the license but the operation will be under surveillance.
f'he city Attorney, in reply to inquiries from the Chair, stated that
the ordinance uses the term "amusement" and referred to the original
application received from F. B. schlageter, Attorney, representing
the owner, under date of lr{ay 22, 1967, to recall the type "entertainment"
proposed "regardless of label ."
Mr. schlageter, recogmized \z the Chair, stated that panic hardware
has been placed as required by the Fire Departtflent and thereafter
introduced lr{rs. Johansen and r. Iltccullough, omer and manager respec-
tively of Kat Patch II.
Mr. Schlageter stated that permission is sought to a1low waitresees
in addition to serving beer, to dance on a raised and illuminated
stage upon request of patrons.
lhere being no one present responding to the Chair'6 invitation to
state their opposition, Councilman Martin recalled that numerous
communications had been received by Council from persona opposing the
initial opening of the establishment.
tn reply to Council inquiry and upon advice from the City Attorney that
Council take into consideration the number of cornmunications received
originally in protest to the dancing feature of the operation, Councilman
Iriartin, having in his possession and referring to the cotrununications,
advised that only one directly expressed objection to the dancing.
Ir{r. Schlageter at this point, filed with the city Clerk, a petition
bearing the signatures of thirty-three "citizens and businessmen of
Burlingame" stating their belief "that to a1low the lraitresses of Kat
Patch II to dance for the public will not be detrimental to the comlunity.
RECES S
A recess was declared by the chair at 9:15 p.m.
CALL TO ORDER
Councilmen:
Councilmen:
Crosby-D iederich sen-ceorge-Johnson-uartin.
None.
:Ihe meeting reconvened at 9:30 p.m.
182
KAT PATCE II APPLICATION (Continued)
I{ayor Diederichsen, in a resume of licenses issued thus far to the
applicant, directed inquiries to !1r. schlageter on the "type of
dancing" proposed and the "type of costune" to be h,orn by the performers.
t/tr. Schlageter advised that dancing will be similar to that viewed on
teLevision and in places of entertainment and of a t!T)e accepted by
the general public. lhe qraitresses, not professional performers, will
be costumed in "nini-type outfits."
Councilman Johnson's expressed objection to the "flagrant disregard
of rules" by permitting dancing after the original application had
been withdrawm, initiated considerable discussion on other establish-
ments within the City engaging i.n a type of entertainment similar to
the proposal currently before Council, without benefit of a permit.
FolLor,ring further discussion, wherein members of Council expressed
their individual apprehension on the entertainment feature proposed,
Councilman Martin questioned tltr. Schlageter concerning restrictions
Council may irnpose if the permit $rere approved; that (1) dancing be
permitted only after six o'clock p.m., (2) no drastic change in the
attire of waitresses currently serving beer; (3) the issuance of the
permit exclusively to Urs. Johansen, the ownerr andt (4) Council be
imnediately notified of any change in the management of the business
operation.
Mr. schlageter, in b€half of his client and the applicant, expressed
willingness to comply.
A motion was thereafter introduced try Councilman Martin that the
permit be approved on a thirty-day basis, subject to the aforementioned
conditions. The motion was seconded by counciLnan crosby and folloring
a brief discussion rrrherein Councilman ilohnson expressed a reluctance
but no objection to test the operation on a trial basis, a Roll Call
vote t as recorded ag unanimous.
2. 1968 I'{OBIIESWEEPER ATIIIIORIZED
A memo frqn the City Hanager, dated August L7. L967, recomnending the
issuance of an order to purchase a nerrs 1968 Uobile Street Sweeper,
less trade-in, in the sum of $12,2O4.7O, as allocated in the 1967-1958
Budget, hras concurred in by Council .
3. HEATER RE-!,lIX TREE DAIiIAGE
In an sr.rering an inguiry from Councilman Uartin concerning reBtitution
for tree damage resul,ting from a heater remix method applied in the
resurfacing of city street6, the city uanager advised that the eontractor
has indicated that in accordance grith terms of the contract, his firm
is liable only if "permanent damage" has occurred.
The City Attorney advised that his office will examine the contract
and submit his opinion to Council at the next regular rneeting.
t'he city Manager, in reply to counciLman crosby, advised that costs
to correct the damaged condition of trees and shrubE have been maintained
The City Manager was requested to submit a report to Council .
Concluding discussion on the subject, councilman ceorqe suggested that
in addition, the records should indicate the time allotted to trjm and
to deLiver and deposit the material at the municipal fill .
183
.,BI'RI,INGAII{E DAY" AT FIESTA
Councilman Johnson and llayor Diederichsen reported on events at the
San l,lateo County Fair and Floral Fiesta honoring "Burlingame Day. "
ACKNOWLEDGIiIENTS
Itre Chair announced receipt of conmunications frqa w. I. Lundry, so.
San Francisco, dated August L5, L967 i the covelnor's Office, State of
California, dated August 18, 1967, concerning a "Salute to City and
County Government week October 8 - 14", the Bay Area Air Pollution
District, dated August L7, L957; the Portola D<pedition Bicentennial
Foundation, San llateo County Historical Museun and accompanying brochure;
and from the Office of the Hon. Leo J. Ryan re: Eigheray Projects in
san ljtateo County r nonthly reports from the San l.lateo county Department
of Health, the Burlingame Fire and Police Departments and minutes from
the Library Board, the Planning Conunission, the Park Comnission and
the Health, Safety and Traffic Corunission.
Referring to the minutes of the Health, safety & Traffic comnission,
Councilman Martin questioned the legality of recording minutes of
meetings without a quonrm present and suggested that in such instances,
a meeting be adjourned to a study meeting.
Councilman Johnson, observing that the minutes received from the Library
Board indicate a joint meeting of the Board and the city council scheduled
for october L7, 1967, stated that council medbers will be attending the
California League of Cities Annua1 Convention the week of October 14.
The City Librarian, in attendance, advised that the meeting will be
re-scheduled.
Councilman Johnson recommended, with Council concurring, that an appro-
priate communication be directed to the merdbe 16 of the Burlingame Chanber
of colomerce expressing appreciation for their recent contribution for
promotion purposes in the current selrer Bond Eleetion canpaign.
cLArtts
Claims, Nos. 8918-9092, in the total arnount of $95,570.29, month of
Augtust, 1967, duly audited, were approved for palment on motion of
Councilman Crosby and seconded by Councilrnan ceorge.
PAYROLL
Payroll warrants, Nos. 3400-3955, in the total amount of $150,992.58,
month of July, 1967, were approved on motion of councilman Crosby
and seconded by Counc ilman Johnson.
ANIIOUI{CEUENTS
Mayor Diederiehsen announced that the next regular meeting of the San
lilateo County CounciL of ltayors has been scheduled oO Friday, Augtrst 25,
1967, in the City of Red\dood City.
AD JO I'RNIiiE!TT MOTIONS
Councilman lrtartin noved that the next regular meeting of the Burlingame
city council be held on Tuesday, septedber 5, 1967, at 8:00 p.m. lltre
motion was seconded by councilman Johnaon and unanimously carried.
councilman l{artin further moved that the regular meeting conducted on
this date be adjourned to Septe bet 5, L967, at 8:0O p.m., seconded
by Councilnan Johnaon and unanimously carried.
Time of adj ournment: 1O:30 p.m.
APPROVED:Respectfully submitted,
WERNER H.IEDERTCHSMT,R IIERBERT K. T{IIITE, CITY CLERI(
REFERENCE TO CHAMBER OF CO!,IMERCE MNATION