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HomeMy WebLinkAboutMin - CC - 1989.10.16429 BURLINGAME, CATIFORNIA October 16, 19 89 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 Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Bob Herrera, Assistant Fire Chief. ROLt CALI Mayor Amstrup changed the order of the agenda to hear from representatives of the County Commission on Aging. Clara Crook, chairman of the County Commission on Aging and member of the Burlingame civil service Commission, reviewed the purpose of the Commission on Aging which is a 21 member board to advise the Board of Supervisors on matters pertaining to seniors. she also calIed attention to the Senior HaII of Fame and presented nomination forms for the HaI1 of Fame. PRESENTATI ON OF GOVERNORT S AWARD TO FIRE FIGHTER VOLKER JENSEN Fire Chief Towns introduced CHP Captain Peterson who caIled Fire Fighter Volker Jensen forward and read the Governor's Award for Heroic Action, calling attention to the fact that Jensen risked his own life to dive repeatedly into the Bay, braving cold water and strong currents, to attempt to rescue the driver of a big rig which brent over the side of the bridge on July 14, 1989. Jensen received a standing ovation from the audience. Volker Jensendid was not oufighters put t would have don thantofheireth ked everyone for the honor and stated that what he the ordinary since he was a diver and firelife on the line every day; any fire fighter e same as he. Mayor Amstrup said Jensen not only brought honor upon himself, but on the city as wel1, he set a wonderful example for our young people. PUBLIC HEARING - ORDfNAIiICE 1399 - EXTENDING PROHfBITION OF CREEKS]DE DEVELOPMENT AND SUBDIV]SION City Attornecouncil adop Several mont subdivi s ion moratorium ohired a cons yrerthhsaofpnaIulta viewed his memo of October 2 which recommended e proposed extension of the "Creeksiderr ordinance. go council became concerned about development and roperty along creeks in the city and adopted a 1 construction in the vicinity of creeks. The citynt to review the condition of all creeks. At thelast study meeting, council directed that an ordinance be preparedto extend the moratorium and allow time for a more comprehensivereport from the consultant and for preparation of permanent creekregulations. A letter was received from Diodati Construction askingfor an exemption to the ordinance so that they can construct a bridge across the creek on his newly developed property to gain access to the back yard. city Attorney noted that council could notgrant an exemption, but might modify the ordinance to allow aspecific type of construction (e.9. a pedestrian bridge no more thanx feet wide and x feet long). CALL TO ORDER COUNCTLMEMBERS PRESENT: AMSTRUP, BARTON, LEMBI , PAGTIARO COUNCILMEIIBERS ABSENT: MANGINI ( vacation ) MINUTES Minutes of the Regular Meeting of october 2, 1989 were approved. COMMfSSION ON AGING 430 Mayor Amstrup opened the public hearinq. Joe and Dino Diodati, property owners of 748 Walnut, showed photos of the site with pedestrian bridge constructed. They purchased theIot with approved plans and built the house and bridge, they triedto preserve the trees and natural grovrth but have now found that the bridge is not allowed because it was not on the original p1ans. They felt they have a hardship because they cannot reach the yard area on the other side of the creek; they need access to the rearyard in case of an emergency; they asked to be excluded from theregulations. CounciLwoman Barton asked why they were not aware of the moratorium. They said they kneu, that a house or garage could not be built over a creek, but they were not aware that it meant absolutely nothing could be built. They also discussed the structures they placed in the creek bed for fl-ood control which were not on the approved pIans. Harry craham, representing a party who owns several acres ofproperty on Sunmit, said the property contains a drainage ditch which is said to be a tributary of Easton Creek. His clients lvou1dlike to subdivide the property but did not want to go through the expense of map preparation if the ditch was to be considered a creek and under the interim ordinance they would not be able to subdivide.city Attorney said council could determine whether the interim ordinance applies to only major creeks or to all tributaries. Graham distributed a smalI topograhical map of the area and said theproperty contains a 30 inch culvert which has never been more than 25 percent full in the 20 years the people have lived there, theditch only drains this property and the one directly above it. Public Works Director responded to council questions that there was no spring on the property, just rain drainage; it is not a major creek, but it is a creek; this property is near Hoover School site; he noted a 30 inch culvert is a major storm drain, it drains this natural canyon and the subdivision above it and part of Sunmit Drive; if the property were subdj-vided they would be required to have the culvert extended to the property above. Mrs. Asp1und, 433 occidental , stated that there are individuals who have hardships because of this ordinance; peoplets lives are being affected; she suggested if council does extend the ordinance, it alIow some hardship cases to come before it for exceptions. Mr. Asplund said council should not allow subdivision, but should al-lowfor some hardship cases and allow people to submit plans; he has been unable to build a deck over the creek and has no back yard at his home; has been trying to get a deck for years. Councilman Pagliaro asked about ability for citizens to apply for variance to this ordinance; City Attorney said that the ordinanceprohibits all building, thus there can be no variance, but council could change the ordinance and allow for some type of hearing process for variance or special permit if it desires. Janet Garcia, 1651 Drake, said that two years ago her family planned to remodel their home and add a deck; they have spent many dol-lars and now find that they can't build the deck because it goes over the 100 year flood line; the deck they plan is 30 to 50 feet above the creek; she understood counci-I wanting to keep the creek natural, but her deck would be far above the creek. Mayor Amstrup closed the public hearing. City Attorney reminded council that passage of this special ordinance takes four affirmative votes of council. Councilman Pagliaro said he felt extending until June 1990 is too long a period, he vrould favor extending for another four months or allowing for people to apply for variances from the ordinance. Councilwoman Barton wondered if four months is enough time for the consultant to finalize the report on creeks; Director said four months is a minimal time but might be done, he believed the report would be done by January, but then staff has to allov'7 for time for council review, public hearings and 30 day adoption period for the ordinance . 431 Councilman Lembi believed the original ordinance $ras intended tohalt subdivisions; council did not intend to create a hardship forcitizens; he favored extending the ordinance only if there wereprovision for allowing people to get a variance. city Attorney noted that the normal time span for acquiring a variance or specialpermit is at least six weeks and that councj.l might complete its review of the creek study and adopt a new ordinance by the time a person could complete application for a variance. Councilwoman Barton believed the intent of the ordinance was t preserve the vegetation and trees around the creeks and to kee open areai everyone could claim a hardship if something doesn'their way of lj-ving; people buy on a creek because it is a beasetting, if they want a yard they buy somewhere else; she woul favor extending the ordinance for another four months but woul vote for allowing variances. opanr fit uti fuI dd not Councilman Lembi agreed with the intent of the ordinance, council has started something with the creek study and now must finish it; he would go along \iuith extending the ordinance since it needs four votes. Councilman PagJ-iaro moved to adopt ORDINANCE 1399 with an expiration date of March 20, 1990. Seconded by Councilwoman Barton, carried unanimously 4-0 on roll call vote of members present. Councilman Pagliaro suggested that Diodati has a special situation and asked that staff report back to council and take no action regarding this property until council reviews that situation. said he was not ready to vote on this matter and county was right or the Sierra Club was right; noted how hard it was to take a position, she the EPA environmental questions. Council took Police Chief's memo of october 10 reviewed that since September 18 and through october 9, 1989 there have been no requests for police service at Safari Run, 1306 Bayshore. City Manager noted that council would receive a police report monthly on this establishment as requested by council. SMOKING LAW COMPLIANCE city Attorney reviewed his memo of October 10 which listed 45 restaurants in the city h,hich seat over 50 people and their compliance with the smoking ordinance. city Attoxney noted a firefighter spent several days inspecting these establishments and gave those not complying with the lah, a copy of the ordinance andinstruction on what was needed for compliance. City Attorney notedthat nine firms are not getting the message and he intends toprosecute . Mayor Amstrup understood the peoplets difficufty with the time frame but this must be studied by council, council must see the final creek study; people only have to wait a few months and the study might show that there should be exceptions. COIJNTY LANDFILL DISPOSAL SITE - APAI.IOLIO CANYON (jity Manager reviewed his memo of october 3 which recornmended council revj.ew the attached request from BFI for support with itsfact sheet and a copy of a letter from the EPA to the Army Corps of Engineers recommending the permit to fill Apanolio canyon be denied. He noted that Councilman Mangini had sent a letter in support of BFI and the countyrs position as an individual- council member and askedif council wished to take a stand on the issue. Councilman Pagliarodid not know if the Councilwoman Barton was concerned about no action. REVIEW SAFARI RUN AMUSEMENT PERMIT CONSENT CALENDAR City Manager asked removal of Item "a. Amendment to Deferred Compensation Plan'r because of a new revision by the IRS which staff 432 must review. Councilman Lembi inquired if there would be public access from the back of the new parking Iot (item c). Staff responded yes. Councilman Pagliaro asked about the size of the proposed Little League storage at Bayside Park, it appears to be rather large, he wanted city covered by Little League insurance. City Attorney thought Little League does have insurance covering the city. City Manager said size of the storage container is 8 by 25 feet and the Iocation would be near the "tot 1ot" by the parking area and next to the fence by the city treatment plant/dump area, it would not be visible from the street. Removed RESOLUTfON 108-89 - DUCT]ON OF ORDINANCE INTENTION TO AMEND PERS CONTRACT AND INTRO- 14OO - AMENDING CONTRACT IMPROVE BENEFITS City Manager's memo of October 10 recommended council approve a resolution of intention to amend our PERS contract to provide Section 2L382.4 (third Ievel of 1959 survivor benefits) and introduce the ordinance authorizing this amendment for adoptionat the next meeting. The city has sufficient 1959 Survivor assets on deposit with PERS to fund the cost with no additional cost to the employee or the city in the near future; shouldliabilities exceed assets in the future, the city cost would be $2.50 per month per employee. RESOLUTION 109-89 - AWARDING CONTRACT FOR BOWLING ALLEY PARKING LOT CONSTRUCTION - CP 725 B Public lVorks memo of october 11 recommended council award this contract to G. Bortolotto and Company in the amount of $99,640.25 for constructing a parking lot at the bowling a11ey site at 1340 Howard Avenue. RESOLUTION 110-89 - AUTHORIZING AGREEMENT FOR ENGINEERING SERVICES FOR WATER I/IAIN REPLACEMENT ON OAK GROVE - CP 922 Public works memo of october 6 recommended council approve design of the water main to Brian, Kangas, Fou1k, Consulting Engineers in the amount of $25,229 plus an alloh,ance up to $2,000 for printing and reproduction of plans. e. RESOLUTION 111-89 - APPROVING FAU FUNDING AGREEMENT FOR NORTH- BOI'ND BROADWAY/1o1 FREEWAY ONRAI4P - !:P 531 Public Works memo of September 29 recommended council adopt a resolution approving Program Supplement No. 07 to Loca1 Agency, state Agreement No. 04-5171- for funding an FAU project for the on ramp to Route 101 Freeway northbound at the Hyatt Hotel. The project is 86.4 percent FAU funded and will cost the city approximateLy $236,474 from a total estj-mated cost of over $1 mi1lion. f. ENCROACHMENT PERMIT FOR LITTLE LEAGUE STORAGE SPACE AT BAYSfDE PARK a b d City Manager's memo of october 10 recommended council approve the request by Burlingame-Hillsborough Little League to locate a storage container at Bayside Park for equipment and uniforms subject to four conditions. I RESOLUTION L12-89 -APPROVING PROJECTS FOR FAU FI'NDING h. WARRANTS AND PAYROLL Finance Director recommended pa1'rnent of warrant duly audited, in the amount of $1,052,057.63 an '751 - 6779,ayroll checks s5 dP Pub1ic Works memo of October 1l- recommended council adopt a resolution supporting FAU projects submitted by the city: revising the east side of the Peninsula Interchange, widening Airport Boulevard between Lang Road and Coyote Point Drive, and the Bayshore highway onramp to 101 near the Hyatt Hote1. 433 l-8436 - 19534 for $1,198,103.22. the month of September 1989 in the amount of Councilman Lembi moved approval of the Consent Calendar. Seconded by Councilwoman Barton, carried unanimously by voice vote. COUNCfL COMMITTEE REPORTS Mayor Amstrup reported that he and the city Manager would be attending a meeting regarding the fairqrounds. Councilwoman Barton reported on a recent Airport Roundtable and noted that use of Runway one had been 73 percent of total traffic and is now up to 90 percent. The Roundtable will be inquiring ofthe airport why this is so. NEW BUSINESS Cuernavaca Park: Councilman Pagliaro noted he and councilr"roman Barton had received inquiries about a situation at this park and another issue of parking problems on Hunt Drive which he had discussed with the Po1ice Chief. Chief of Police felt the city hadsufficient legislation to handle the matter and City Attorney mentioned that if the citation process does not work the city can bring civil action against the parking viol-ator. Councilman Pagliaro asked for a report at the next meeting. Headlines: councihroman Barton showed the front page of the san Mateo Times with three photos of City of Burlingame city limit signswith three different numbers for population and el-evation; she suggested that the reason was that the number is larger at the southof the city because coming from LA bigger is better, while coming from the north the number is smaller because smaII is better; as far as the elevation differences, she thought it must be caused byearthquakes. Staff hoped the census next year will cause all these signs to be replaced by Caltrans. Department Reports: Building Inspectors Report, September '89. Letter from Kerwin calleries regarding parking enforcement. Councilwoman Barton agreed with Mr. DelzeII's concerns. e Letter from 6 residents regarding garden blowers and noise. a b c Cr Councilwomanof these thin banned them, because that Bar 9s,butis ton wished something could be done about the noiseCity Attorney responded that some cities have he could not recorunend any type of decibel levelvery difficult to enforce. f Letter from California Water Awarenesscity join that organization. corunittee requesting There were no co[unents from the floor. ADJOURNMENT The meeting was regularly adjourned at 8:40 p.m ,Judith A. Malf attCity Clerk ACKNOWLEDGMENTS Letter from Robert Del-zell regarding bicycle enthusiasts' needsin Burlingame. FROM THE FLOOR Commission Minutes: Civil Service, September 72;Beautification, october 5; and Planning, october 10, 1989.