HomeMy WebLinkAboutMin - CC - 1990.09.17BURLINGAME,
September
CALfFORNIA
17, 1990
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was
held on the above date in the city HalI council chambers. The
meeting was called to order at 7:30 p.m. by Mayor Don Lembi.
Led by City Attorney Jerry Coleman.
ROLL CALL
COUNCIL PRESENT:
COUNCfL ABSENT:
MINUTES
BARTON, HARRISON, LEMBI , OIMAHONY, PAGLfARO
NONE
Minutes of the Regular Meeting of September 5, 1990 were approved
on motion of Council-man Harrison after he noted a change in the
date of the Council of Mayors meeting to October 25, seconded by
Councilwoman o' Mahony.
SECOND READING - ORDINATiICE L422 - LIMITING RESIDENT RESPONSIBIL-
ITY FOR SIDEWALK REPAIR IN THE R-1 ZONE
Public Works Director revj-ewed his memo of August 29 which
recommended council hold a public hearing and take action. At a
recent meeting, council directed an ordj.nance be prepared which
would limit the circumstances in which homeowners would be
required to pay for sidewal-k repairs. currently the city pays
for repairs caused by city trees and the property owner pays foraII other repairs. The proposed ordinance wouLd limit the
homeowner's responsibility to damage they had actively caused and
would apply to the R-1 zone on1y. This ordinance would increasethe costs to the city since the city wiII now be paying for
non-tree related repairs, although this will be somewhat offset
by reduced administratj-ve costs for notifying and billing theproperty owners .
Mayor Lembi opened the public hearing. There being no corunents,
the hearing was closed.
Council discussed construction projects in the R-1 zone and
thought this would be a good time to inspect the sidewalk forrepairs; if the contractor caused damage during construction, thecontractor should pay for repairs. Staff noted that the city
does require contractors to repair damage they cause. Council
directed a change in wording to the section regarding damage
caused by residents or tenants, to add the phrase tror their
employees or agents,'r to ensure that contractors repair their
damage.
Councilman Harrison commended staff for notifying residents thattheir bills for the current sidewalk repair project have beenforgiven. He noted this is a start to assisting our seniorcitizens and others on fixed incomes. He moved for adoption of
oRDINANCE 1422. Seconded by councilwoman o'Mahony, carried 5-0
by roll call vote.
SECOND READING - ORDINANCE 7423 - AMENDING URM ORDfNANCE MAKING
TECHNICAT AMENDMENTS AND ALLOWING TIME EXTENSION BASED ON
ECONOMI C HARDSHI P
Director of Public Works' memo of August 29 recommended council-hold a public hearing and take action. The council adopted
ordinance 1419 on August 20 with an amendment to the timetable torequire all owners to submit plans by January 1, 1995. The
change affects language used in other sections of the ordinance
and staff recommended this amendment for consistency. Councilalso directed staff to present a procedure for extending time
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PLEDGE OF ALLEGIAI.ICE TO THE FLAG
90
periods and staff recommends limiting time extensions to
circumstances of economic hardship. Council also discussed
adopting a resolution which would record with each property that
there was a URM building on the site. It was noted that property
owners are stiII supplying the city with engineering information
and some buildings may be removed from the list. once the city
has a firm list it will be presented to council.
Mayor Lembi opened the public hearing. There being no cornments,
the hearing was closed.
Councilman Pagliaro recommended a change in the wording to remove
the example of hardships given in the ordinance and to let
council make the determination as to what is a hardship. Council
concurred.
Councilwoman o'Mahony moved adoption of oRDINANCE 1423.
by Councilwoman Barton, carried 5-0 on ro11 caII vote.
Seconded
APPEAL HEARING WITHDRAWN - 890 J COWAN ROAD
Mayor Lembi acknowledged the letter from the appellant requesting
the appeal be withdrawn.
COMMISSIONER TERM EXPIRATIONS
City Manager reviewed his memo of September 7
commissioners whose terms will expire before tyear. He recommended council call for applica
october L9 as the deadline for accepting appli
those positions.
wh
heri
ca
ich listed eleven
end of this
ons and settions for al-I
Councilwoman O'Mahony mentioned the limitation of commissionerterms. Mayor Lembi explained that councj-l no longer has a limit
on terms. councilwoman Barton said she believed in limiting to
two terms. Councilwoman O'Mahony would like to see more peoPle
have an opportunity to serve on commissions, with a termlimitation that would be possible.
Mayor Lembi set the deadline for accepting applications to
October 19 as recommended.
Mayor Lembi asked for council colunents regarding the seventh
draft of this agreement. Councilman Pagliaro recommended several
changes to the draft agreementi the majority of council concurred
with his recommendations; Mayor Lembi and Councilwoman O'Mahony
saw some value in having the schools involved in this group.
Councilwoman Barton was unhappy with creating another layer of
government and the possible cost of staffing this group.
Councilman Harrison wondered \"rhat lvould happen if a city with-
draws from this agency; staff said that city could have decisions
made for it by this agency without having any input. Council
noted a letter from HillsborougJh recommending staggered terms for
representatives; council concurred and recommended the mayors
serving on the current committee be appointed to this group, half
to serve one year and half to serve two years. Mayor Lembi asked
staff to put council comments in a letter to the co-chairmen of
the cornmittee .
CONSENT CALENDAR
a. RESOLUTION 119-90 - INTENTION To AMEND PERS CONTRACT AND
fNTRODUCTION OF ORDINANCE 1424 - AMENDING PERS CONTRACT
city Manager's memo of September L0 recommended council
adopt the resolution of intention and introduce the
ordinance to amend our PERS contract for police members to
allow retirement benef j-ts to be computed on the highest pai-d
INTRODUCE NEW PRESS REPRESENTATfVE
Mayor Lembi recognized the new reporter for the Boutique &Villager newspaper, Antonia Hannan.
DRAFT JPA AGREEMENT FOR CITY/COUNTY ASSOC]ATfON OF GOVERNMENTS
91
12 consecutive months. The cost iseffective July 1, 1992.
2.328 percent of salary
b. RESOLUTION 120-90 - EXTENDING AGREEMENT FOR SALES TAX
ANALYSIS SERVICES
Finance Directorts memo of September 17 recommended council
approve extending the quarterly reporting services by
Hinderliter, dellamas and Associates at a cost of $4,500 for
the rest of this year with an option to extend for two
additional years at $7,200 per year.
RESOLUTION 12].-90 - AUTHORIZING AGREEMENT FOR AIR EMISSIONS
STUDY AT WASTE WATER TREATMENT PLA}iIT - CP 019
Public works memo of September L1 recommended council
approve an agreement with whitley, Burchett and Associatesat a maximum cost of $25,500.
d. DENIAL OF CLAIM OF KENNETH GEIST
City Attorney's memo of September 12 recommended council
deny this cLaim for replacement of a fence damaged by a firein the easement.
e. WARRAIiITS AND PAYROTL
Finance Director recommended payment of warrants L1009 -
!L392, duly audited, in the amount of $921 ,425.00 and
Payroll Checks 2'1877 - 29087 for the month of August 1990 in
the amount of $L,61-0,389.04.
Councilman Harrison moved approval of the Consent calendar.
Seconded by Councilwoman O'Mahony, carried unanimously.
North County Council of Cities: councilwoman orMahony attended a
recent meeting and noted the group voted to continue their
meetings and not dissolving or merging with the Council of
Mayors; they also discussed the proposed county jail fees and
urged the north county booking facility remain open.
Council of Mayor Legislative Cormittee: Councilwoman o'Mahony
met with this group and they have recornmended each city
contribute $50 to support hiring a legislative intern to assistthe committee. Council concurred.
Airport Roundtable: Councilwoman Barton noted a letter from aresident who was upset that no Burlingame city representative wasat a recent meeting. She wrote him that the city council had a
meeting that same night, so no council or staff could attend, and
the city keeps abreast of aII airport events. she asked that
someone represent her at the next Airport Roundtable meeting on
october 3 since she wiII be unable to attend.
Broadway Parking: Councilwoman orMahony asked for an update onthe parking situation at the next study meeting. Staff noted
COUNCIL COMMITTEE REPORTS
Chamber of Commerce/ttyatt Event: councilman Harrison had
attended a Chamber meeting at which the URM and TSM ordj-nances
were discussed; he asked for a letter of congratulations to the
Chamber and the Hyatt Hotel for the excel-l-ent Burlingame Days
event hetd at the Hyatt last weekend. Council concurred.
convention Center Cornmittee: Council asked that a report fromthis group be presented at the upcoming Study Meeting. City
Manager said the agenda would have to be amended; council- so
directed .
BART: Councilman Pagliaro reported on a MTC meeting at which
Senator Kopp came out in support of BART going directl-y to theairport. He noted that the group had agreed in advance to
include extension of the BART line into the airport terminal
building as an alternative in the environmental analysis.
92
a
b
d
there was no new information, but a review of the situation could
be prepared. Councilman Pagliaro mentioned the committee
composed of former Mayor Amstrup, Karen Key, the City Manager and
himself which worked on the Broad\"ray parking guestion and that
Councilwoman o'Mahony is now on this committee i he agreed it is
time to do something for the Broadway parking problems. Mayor
Lembi set this issue for the october study meeting.
NEW BUSINESS
835 Atmer: Councilman Harrison acknowledged a note about a phone
caII from John Mccloskey complaining about sewer backups. Staff
is investigating.
Schedule Appeal Hearing: Mayor Lembi schedule a public hearingfor an appeal of a fence exception at 1300 Paloma for the october
1st meeting.
Peninsula Hospital: Councilwoman Barton asked for a letter to
the hospital to urge keeping current programsi she had received
calls from citizens fearing loss of some services. Council
concurred with a letter to Peninsula Hospital .
ACKNOWLEDGMENTS
Commission Minutes: Beautification, september 6; Civil
Service, August 14; and P1anning, September 10, 1990.
Department Reports: Treasurer's Report, August 31, 1990.
Letter from the Van Horns regarding paving Bernal Avenue.
Letter from Chris Rose, McKin1ey School PTA, regarding needfor police enforcement at the school.
Chief Palmer said police officers have been at the school several
times during the school week giving warnings, but they can't be
there atl the time. He said he was very impressed by Chris Rose
being there and handing out information about traffic safety to
the parents.
Letter from A. Galletto regarding street sweeper awakening
him at 5:00 a.m.
Council suggested changing hours of the street svreeper; Public
works Director said it starts at 4:00 a.m. in order to clean the
business district and then continues to the residential areas.
Councilwoman orMahony asked that the schedule require residents
to remove their cars from the streets on sweeping days. Director
said a schedule will be published so that the citizens can be
aware of street sweeping so they can move their cars off the
streets on those days .
FROM THE FLOOR
Ken Aron, L600 Sherman Avenue, said he had been talking to the
city for five years about the parking problems on Sherman Avenue i
he was told that he was the only one complaining about parking;
after the petition he presented tast month with 40 signatures, he
expected some council action but the Police Department just
started issuing tickets; he was under the impression that he was
limited to speaking for three minutes, the Mayor assured him he
was welcome to speak longer; he said the tow truck he had
complained about was issued a parking permit by the Police to
park on the street. city Attorney said the truck driver has his
car, his girlfriend's car and his tow truck at the apartment
house and not enough on-site parking spaces. Council noted a lot
of peopfe drive their business cars or trucks to their homes;
Councilwoman Barton agreed she would not vrant a tow truck parked
in front of her home, she knew some people had teens with cars
that must park on street, she thought parking permits were for
families, not businesses; Police Chief said the code does not
allow trucks over ten tons, but does not apply to the tow trucki
Mayor tembi said that someone parks a dump truck on the street in
his neighborhood; councitman Earrison and councilwoman O'Mahony
93
suggested that Aron work with the tow truck owner to find an
equitable solution, or use a mediation service to find asolution. Aron said the tow truck owner should park his truck athis apartment and park his car on the street; Police Chief said
the apartment owner probably does not allow the truck to park on
the property, or perhaps it does not fit in the parking space.
Councilman Pagliaro agreed that it was unacceptable to have this
truck parked on the residential streeti he suggested changing thecity Iaw to lower the aIIowabIe weight of a truck parked inresidential area or to disallow tow trucks and dump trucks.
Council directed that an ordinance be prepared for considerationat the next meeting.
CLOSED SESS]ON
Mayor Lembi adjourned the meeting at 8:52 p.m.
Session on (1) labor negotiations and (2) Iiti
ADJOURNMENT
The meeting was regularly adj ourned at 9:29 p.m.
togat a Closed
ion.
Judith A. Ma1fat
City Clerk