HomeMy WebLinkAboutMin - CC - 1978.04.05 A G E N D A
STUDY MEETING tff
April 5 , 1978
8 : 00 p .m.
1 . Sewer Rehabilitation Program - City Engineer
2 . Business License Ordinance Changes
3 . Discussion of Trees and Views Regulating Ordinance
4 . Request for Modification of Ordinance Prohibiting
Certain Vehicles in Residential Districts - Sofas
5 . Coolidge School Purchase - 60 Days Notice to
Purchase Expires on April 7 , 1978
6 . Availability of State Maintenance Station Property
on Rollins Road for Direct Sale .
7 . Other
BURLINGAME CITY COUNCIL
Study Meeting
April X, 1978
PRESENT: COUNCILMEN AMSTRUP, BARTON, CROSBY, MANGINI , MARTIN
STAFF: Mr. Schwalm, Mr. Coleman, Mr. Kirkup, Mr. Swan
Mayor Crosby convened the City Council study meeting in the Council Chambers
at 8: 10 p.m. He explained that the meeting is for Council study purposes ,
but that the public may participate upon recognition by the chair, however the
primary purpose of the meeting should be borne in mind.
1 . SEWER REHABILITATION PROGRAM
Mayor Crosby referred to staff memoranda and asked Mr. Kirkup for comments .
Mr. Kirkup reported that one item of the City' s five-year improvements program
is rehabilitation of the sewer system. The proposed improvements are recom-
mended over a five-year period based upon the 1975 Metcalf-Eddy Report and
subsequent studies in the past two years . In the past months there have been
�.. many complaints to Council and his department because of sewage backups after
the heavy rains . At a recent meeting of citizens with Mayor Crosby and Mr. Kirkup
at the home of Mr. Lawson atll00 Rosedale, the City sewer improvement program was
discussed. Mr. Kirkup stated the Public Works Department considers the sewer
improvement program its most important, and recommends that the first four years '
program be accelerated to two years . That part of the program would include
the sewers from Sanchez north. The program will tax the Engineering Department
and require the hiring of consultants , but the latter was contemplated in the
original plan. He emphasized that the accelerated program will result in unusually
numerous construction projects along the streets, although in the second year
much of the work will be concentrated in alleys and rights-of-way.
In answer to Councilman Amstrup' s question regarding availability of state or
federal financing, Mr. Kirkup replied that application had been made through
the State Water Quality Control Board , and the application was accepted.
However , funding will not be received until 1980, so funds will not be avail -
able for the first part of the accelerated program. There will be some savings
over the total estimated cost due to acceleration because cost was computed at
1977 costs with an inflation factor; therefore the inflation factor may be
saved if the contract is let in 1979 instead of 1982. Councilman Mangini
called attention to two proposals for financing set forth in Mr. Schwalm ' s
memorandum, the issuance of revenue bonds to be repaid from sewer charges , or
use of reserves to be repaid from sewer charges . Mr. Kirkup added that revenue
bonds in the amount of $1 ,200,000 with a 25-year basis would result in a pay-
back of approximately $100 ,000 a year, and an increase of between 5 and 10
cents on the sewer rate. He added that because of a possible reduction of
water charges by San Francisco , there may be a corresponding drop of between
five and 10 cents in the water rate. Councilman Mangini questioned whether
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those figures would apply to both methods of financing commented upon by
Mr. Schwalm. Mr. Kirkup replied that if the $800,000 required for the
accelerated part of the program were borrowed from reserves and repaid
within four years , $200,000 a year would be the pay-back rate. Councilman
Barton emphasized the importance of a decision on method of financing since
the sewer improvement program would be undertaken , and Councilman Amstrup
suggested that the new finance director, as one of his first projects , under-
take to advise Council on methods of financing, and that in the meantime the
Director of Public Works begin the implementation of the program. Mr.
Kirkup said the first step will be to contact the engineer on the Millbrae
sludge project for preliminary design consultation, with the expectation of
getting a contract let by the middle of the Summer. These services
were included in the original sewer improvement program.
Mayor Crosby asked Mr. Kirkup to outline the proposed project. Mr. Kirkup
referred to the capital improvement program, page 72. The primary step would
be to design the sewer system to keep sewage east of the Freeway so it flows
directly to the treatment plant. Presently it flows under the Freeway and
then back west of the freeway to the treatment plant line. The second area
for attention is the Hillside, E1 Camino, Grove portion of the system where
there is a bad line under El Camino Real which causes backups . The Columbus
area also has mains which are bad and result in major infiltration , and the
same is true of Mills Canyon. It is suggested this work, originally scheduled
for 1979-80, be started in the Summer of 1979. The area from Rosedale to
Rollins Road, scheduled for the Spring of 1982, hopefully would be undertaken
in the Spring of 1980. Councilman Martin commented on illegal connections .
Mr. Kirkup reported that the smoke testing done the past Summer indicated that
some of the report was incorrect, and five items were in City lines and have
been corrected. The remaining illegal connections will be corrected. Mayor
Crosby questioned whether there is a balance in the sewer fund. Mr. Kirkup
responded that there is money in the budget for sewer repair, but it is
being used for the sludge project until funds are received for that project
and the sewer fund can be reimbursed.
In answer to a question as to how long the work would take , Mr. Kirkup replied
that for the first project the field engineering is completed except for
changing some of the plans , so he anticipates going to bid sometime in July
and hopes some of the construction will be completed before the rains next
Winter. Although all the problems will not be corrected by then, it will
help some.
Councilman Amstrup suggested that the matter be placed on the agenda for the
next meeting. Mayor Crosby addressed the members of the public at the meet-
ing and reiterated Mr. Kirkup' s explanation that the proposed accelerated
program will not relieve all sewer problems , but will expedite the resolution.
Mr. Lawson of 1100 Rosedale Avenue, expressed approval and urged Council to
act to keep the program moving as rapidly as possible. Mr. Lawson asked if
passage of the Jarvis-Gann initiative would affect the program. Mayor Crosby
explained that the operation of the Engineer' s office is financed in part by
the General Fund, and to the extent that office is affected by Jarvis-Gann the
program will be affected. Councilman Amstrup commented that the program would
`, probably not be stopped, but the sewer rate increase might be 7 to 12 cents
instead of 5 to 10 cents .
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2. BUSINESS LICENSE ORDINANCE CHANGES
Mr. Coleman reviewed the background of the proposed business license ordinance
revision. He emphasized that action in April will be necessary to provide
time for implementation of a new licensing fee in July because the clerical
staff will require time to change billing processes. Mayor Crosby pointed
out that the question of a change has been before Council for about ten years ,
and Mr. Coleman confirmed that the present fee schedule was adopted in 1947 .
He said the questions before Council are (1 ) does it want to consider something
other than a flat rate , and (2) , should rentals be taxed . The draft ordinance
has a fee based on number of employees , but there has been discussion about
merely doubling the amount of a set flat fee, which would approximately double
the revenue. Councilman Amstrup said that unless the proposed ordinance were
simple he doubted it would be enacted in time to apply a new fee structure to
the coming year. Mayor Crosby suggested that the fee be raised and Council
consider the fee structure again at a future time.
Mayor Crosby questioned whether any other communities in the county charge a
fee for residential rental units . Mr. Coleman said the language in the draft
ordinance regarding rental units was patterned after San Jose ' s or Oakland ' s ,
and he is not aware of any such fee on rental units in this county.
Councilman Mangini reported that the Mayor of Belmont said his city charges
$150 to financial institutions , and Councilman Barton asked if it would be
possible to increase the fee for savings and loans . Councilman Amstrup suggested
that special attention be given to an increased fee to car rental businesses .
Mayor Crosby asked Mr. Ray Kliewer if the Chamber of Commerce would object to
a doubling of the flat fee. Mr. Kliewer replied that the consensus of the
Board of the Chamber is that a flat fee increase, even if it were doubled, is
long past due, and they agree with an increase of fees to businesses such as
car rental agencies. They also are in agreement for the most part with the
classifications set up in the draft ordinances , with the one exception of sub-
contractors Mr. Joe Harvey, speaking for contractors , said there was not
any objection to classifications . He said reporting of subcontractors was,
as long as he can recall , required as a condition for obtaining a building
permit, and it used to be policed by the Burlingame Police Department. If a
subcontractor did not get a business license , the contractor was held responsible.
In answer to Mayor Crosby' s question about a raised flat fee , Mr. Harvey reported
that at an open meeting there was no objection to an increase in the fee, but
there was objection to a per employee tax and a rental unit tax. Mr. Coleman
pointed out that the doubling of fees would not affect the $150 and $300 fee
for special classifications.
Councilman Martin questioned whether the doubling of the flat fee would be
a permanent or temporary measure as a solution to the business license tax
problem. He commented on the difficulty in reaching an equitable taxing schedule,
but he said he had a problem accepting a flat fee as an equitable solution.
A tax per employee seems to be reasonable; to tax business according to its
size. Councilman Barton pointed out that the larger the business , the more
jobs it brings to our community. Councilman Martin stated that he objected
to a $300 fee for car rental agencies if the purpose was to discourage that
type of business . Mayor Crosby suggested that the fee might be placed upon
the vehicle renters .
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Mr. Coleman stated he will make the suggested revisions in the proposed
ordinance so that it may be placed on the agenda for the next regular
Council meeting as directed .
3 . DISCUSSION OF ORDINANCE TO
REGULATE TREES AND VIEWS
Mayor Crosby referred to the letter of Mrs . Natalie Rothschild and invited
her to address Council . Mrs . Rothschild stated that legislation such as
that suggested by the people present at the meeting has been enacted in the
cities of Sausalito, Tiberon and Belvedere. Mr. Coleman reported that Mrs .
Rothschild first contacted him about six weeks ago. He communicated with
Sausalito, and , to his knowledge, its ordinance has not been challenged as
to its legality. He believes it is a gray area, and the primary problem is
one of policing. Sausalito has a volunteer who works full time which he
credits for the workability of the ordinance. There have as yet been no
hearings under the ordinance. Mrs . Rothschild said she had spoken with the
woman who is the referee in that city and she reports that there has been no
problem though the ordinance has been in effect for five years . She said that
her group owns so-called view lots which are slowly losing their views . They
believe that if the ordinance works in Sausalito, Tiberon and Belvedere, it
should work in this city. Mayor Crosby said the same question was raised
in 1969 and a memorandum opinion has been prepared by the City Attorney which
incorporated an opinion of the League of California Cities . Councilman Mangini
called attention to one of the statements in the opinion: that one cannot purchase
or be guaranteed a view. Councilman Amstrup pointed out that over the years
most of the purchasers of property in the lower portion of the Mills Estate
had lost the views which had been an attractive part of their properties .
Councilman Barton said she felt Council would be placed in the position of
constantly refereeing between neighbors. She called attention to the Heritage
Tree Ordinance which had to be rescinded several years ago because of the
objection to legislation which interfered with personal property rights. Mrs .
Rothschild pointed out that zoning ordinances also regulated land use, and
commented that, if there were regulation of height of trees , people would co-
operate because the legislation was on the books . She said her group was
not advocating cutting down trees , but merely regulating heights . Mr. Maurice
Minkin questioned whether the former tree ordinance regulated the height of
trees . He said he is in favor of legislation limiting the height of trees to
the height of the roof. He pointed out that if a tree over 100 feet fell it
would be a hazard. Dr. Mallory called attention to regulations regarding
height of fences . Mayor Crosby replied that fence heights related to sight
lines where a hazard might occur. Councilman Mangini said he believed that
these were matters which should be compromised between neighbors . Mr. Minkin
repeated that he felt a limitation on the height of trees could be legislated
and added that he feels tall trees close to chimneys constitute a fire hazard
and should be policed by the Fire Department.
Mrs . Rothschild reported that the woman who acts as referee under the Sausalito
ordinance had agreed that she would come to discuss the working of the ordinance
to a meeting of Council and asked permission to invite her to a meeting. She
stated the Sausalito ordinance initially was intended to preserve trees, but
residents urged that it govern preservation of trees and views. Mayor Crosby
asked Council if there was any objection to inviting the representative from
Sausalito to address council , and Mr. Schwalm was asked to place such a hearing
on the next study meeting agenda.
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4. REQUEST FOR MODIFICATION OF ORDINANCE PROHIBITING
CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS - SOFOS
Mr. Coleman referred to Mr. Sofos ' suggestions regarding revision of the
ordinance recently passed affecting parking of vehicles in residential districts
and Mr. Coleman ' s response. He said he believed the ordinance is good and
that it is legal . Mr. Sofos distributed an amendment to his letter of sug-
gestions , which is also a response to Mr. Coleman ' s memorandum of March 30th .
Mr. Richard Sofos read from the amendment and added that if their parking were
to be legislated , it should be as a public nuisance; however,he stated the
parking does not qualify even as a private nuisance. Councilman Amstrup
pointed out that if Council were going to hear arguments on the ordinance, the
meeting should be noticed. Councilman Martin questioned considering parking
of vehicles under cover a nuisance. Mr. Coleman pointed out that the traffic
of coming and going constituted a nuisance, and parking of six to eight large
vehicles was a land use other than residential . Mr. Coleman called attention
to a number of people from the neighborhood who were present at the meeting.
Mr. Carl Minerva of 36 Arundel said that, speaking for everyone in the neighbor-
hood , they would like to see the ordinance enforced without any modifications
or changes . Mr. Nick Russo , 17 Arundel , said he would not like to have any
modifications to the ordinance. Mr. Bob Thompson of 25 Arundel said he lives
directly across the street from the Sofos ' property. He said there are five
trucks that drive up and down the street and go in and out of the properties
all day. Mr. Eug Ersfelt of 27 Arundel said he had lived on Arundel for three
years and there is a need for the ordinance and he supports it. Mr. Sofas
commented on other abuses of the residential nature of Arundel and the efforts
of his family to comply with building code requirements.
Mayor Crosby explained that Mr. Sofos ' trucks were not the only problem of this
nature. Council had requested that an ordinance be prepared to eliminate trucking
in residential areas and the ordinance was duly passed. He polled Council to
determine if any of the councilmen wished to rehear the ordinance. Councilman
Amstrup stated that the ordinance had been passed for application to 28,000 people
not merely the Sofos family. Councilman Barton said she wished to impress upon
Phil Sofos and Richard Sofos that Council was not taking sides between neighbors,
but merely establishing that if you live in a residential area you don ' t want
trucks coming in and out. Councilman Martin said the ordinance was not aimed
at Mr. Sofas ; the problem started on Poppy Drive. He does not see that anything
will be gained by a rehearing. Councilman Mangini said he did not think the
ordinance should be reheard.
5. COOLIDGE SCHOOL PURCHASE OFFER
Mr. Schwalm stated that the current notice for purchase of the school property
as open space expires on April 17th . There will be an opportunity later to buy
it for general use. Councilman Amstrup said that he did not think this is the
time to be buying open space land.
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6. AVAILABILITY OF STATE MAINTENANCE STATION
PROPERTY ON ROLLINS ROAD
Mr. Schwalm said this property on Rollins Road adjacent to the Carolan Avenue
property designated for a police station site is available for purchase. He
added that Public Works could use it for corporate yard purposes . Although
this may not be a good time for purchasing property, since it was made avail -
able to the City, Council must consider it. Councilman Amstrup called at-
tention to the ten-year prohibition against resale and asked whether that was
taken into account in determining the price and if there is a way of circum-
venting the 10-year limitation. Mr. Coleman said that the price is based on
fair value. He said that San Francisco has been trying to have a like pro-
vision removed , but it can ' t be done. The state will finance the purchase
cost to 70 percent over 10 years at 10 percent interest. Mr. Kirkup reminded
Council that in October when he advised them that the property would become
available he was asked to advise the state of our interest in the property.
He said the Carolan Avenue site is 60,000 square feet purchased for $263,000,
and there are 86,000 square feet in the Rollins Road parcel for $199,000. It
could be combined with the Carolan Avenue property. If the City doesn ' t express
interest within a reasonable time it will go on the market. Councilman Amstrup
asked whether it would be subject to the 10-year sale limitation if it were
purchased by the City on bid. Mr. Coleman said it would not.
7 . OTHER
A. Mayor Crosby announced that Mr. Schwalm had suggested Thursday, May 18th,
for the Auxilliary dinner
B. Councilman Mangini asked wheth9r the lot near Cuernavaca Park which was
discussed at the last Council meeting is a building lot. Councilman Amstrup
suggested Council consider selling the lot. Councilman Martin said it is a
good building site and that Millbrae insisted on some property as a fire station
site and was given some, so our City said we wanted a lot too. Mayor Crosby
suggested that we obtain an appraisal .
C. Councilman Mangini referred to a statement made during discussion of the
business license ordinance that the Howard Avenue Police Station was built from
General Fund money pursuant to Council decision. He was told that statement
was incorrect.
The meeting adjourned at 11 :25 p.m.
Notes :
A . Keating
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