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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 -1 - 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 . -2- 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 . -3- 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. -4- 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. -5- 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 -6-