HomeMy WebLinkAboutMin - CC - 1989.11.06436
BURLINGAME,
November
CALIFORNIA
6, 1989
CALL TO ORDER
A duly noticed regul-ar meeting of the Burlingame City Council was
held on the above date in the city Hal1 Council Chambers. The
meeting was called to order at 7:31 p.m. by Mayor Irving S. Amstrup.
COUNCILMEMBERS PRESENT:
COUNCILMEMBERS ABSENT:
MINUTES
AMSTRUP, BARTON, LEMBI , MANGINI , PAGTIARO
NONE
Minutes of the Regular Meeting of October 16, and the Study Meetingof october 18, 1989 were approved.
PUBLIC HEARING - ORDINANCE 14OO
FOR IMPROVED SURVIVOR BENEFITS
AMENDING PERS CONTRACT TO PROVIDE
City Manager reviewed his memo of November 2 which recommended
councj-l adopt the ordinance to provide Section 27382.4 (third leveLof 1959 Survivor Benefits) to our PERS contract. The city hassufficient assets on deposit r"rith PERS to fund the cost of thisbenefit r^rith no additional cost to the employee or employer for the
near future. Shou1d liabilities exceed assets in the future, the
City cost would be $2.50 per month for each covered employee. A11
employee groups have reviewed this proposal and had no objection.
Mayor Amstrup opened the public hearing. There being no comments,
the hearing was closed.
Councilman Lembi moved adoption of ORDINANCE 1400. Seconded by
Councilman Mangini, carried unanimously by ro11 call vote.
PUBLIC }IEARING - ORDINANCE 1401 - EXTENDING INTERIM ORDINANCE 1391
PROHIBITING BUILDING PERMITS ON CERTAIN PROPERTIES
city Attorney reviewed his memo of october 19 which recommended
council adopt an ordinance to extend the interim ordinanceprohibiting building permits on properties bounded by Edgehill and
California Drj-ves. Several months ago council became concerned
about planning for development on these properties and adopted an
ordinance placing a moratorium upon al-I building permits on theselots. At a recent study meetj-ng council directed that staff prepare
a zoning amendment and general plan amendment to implement mixed
uses in that area. Council also directed staff to prepare an
ordinance to extend the moratorium until these amendments can be setfor hearing and adopted. The ordinance before council would extend
the interim ordinance until June 19, 1990 and is the final extensionof the moratorium aIlowed.
Councilman Pagliaro said he was concerned about the effect on theproperty owners of extending this ordinance again. Staff reviewed
that the zoning changes are going before the council study soon and
shoul-d be ready for council action in January or February.
Mayor Amstrup opened the public hearing.
Richard Fagiola, owner of 90L-903 California, expressed concern
about dor^rnzoning these properties and the effect on his property in
the 900 b1ock. He said SamTrans plans to build an eight to ten
story high building on california, he said they have been trying to
acquire his property. Mayor Amstrup informed Fagiola that the
ordinance under discussion does not affect his property. Staff
noted that SamTrans has come in to discuss some possible
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City Attorney Jerry Co1eman.
ROLL CALL
437
alternatives for changes at their location, but no plans have beensubmitted. Councilwoman Barton noted that the city has a heightl-imit and no ten story building would be built on California.
Mayor Amstrup closed the public hearing.
Council-man Pagliaro moved adoption of oRDINANCE 1401. seconded by
Councilman Mangini, carried unanimously by roll call vote.
REVIEW OF 748 WALNUT CONSTRUCTION AND CREEKSIDE ORDINANCE
Director of Public Works reviewed his memo of November 2 which
recommended council consider the options available regarding this
1:edestrian bridge and improvements in the creek constructed at 748
walnut by Diodati Construction. At the l-ast council meeting the
Creekside Development ordinance was extended to March 1990 and
council directed that staff report on the ordinance's effect on the
Diodati construction. The Diodati's had requested that council
exempt these structures from the ordinance restrictions. Director
noted that the construction in and over the creek was done \^rithout
building permits; staff is concerned about the hydraulic capacitY of
the creek and possible obstructions to flood flows.
Councilman Mangini inquired if Diodati lrould be subject to fine, and
if the construction mefine would be ten time
construction of the br
be inspected, the locato be moved to maintai
Councilman Pagliaro asked about the retaining walls in
the Director said they would have to be treated wood an
vertical supports would have to be concrete or steel an
meet certain requirements set out in the code for longe
t code requirements. Director responded thes the normal permit cost. He noted that the
idge appeared to be adequate but would have totion of the footing in the creekbed may haven flow capacity.
thedtdavit
creekbed,
he
11 must
v.
Councilwoman Barton was concerned about the construction changing
the creek fIow, Director noted this is difficult to determine
without specific studies, it appears the construction changed the
slope of the creek bank, this could affect flow; the code requires
that the flow capacity remain the same.
Councilman Lembi noted that the construction appears to be better
than what was there previousfy and as compared to the condition of
the creek on the other side of the culvert which is a mess, if h,ork
is to be done in creeks this may be the type of improvement we need.
Councilman Pagliaro favored the option of leaving the constructionuntil the study t as completed and the permanent creek ordinance is
adopted. He was concerned about a future purchaser of the property
being made aware of this problem because they may have to remove the
structures at their expense. He also wanted to be sure the
Diodatirs provide insurance and a bond.
Councilwoman Barton moved to allo!,, the structure to remain until the
permanent creekside ordinance is adopted and that a formal agreement
and bond be executed for whatever removal or modification may be
required in the future, She also asked that they be fined for
building without a permit. Seconded by Councilman Mangini, carried
unanimously by roll call vote. City Attorney will prepare a formal
agreement for the next meeting.
city Manager reviewed that twelve positions on commiss.ions haveexpired. Due to the number of positions and the upcoming election,
he recommended that council extend the application period to
November 27. Council concurred.
BEAUTIFICATION COMMISSION PROPOSED NEWSRACK ORDINANCE REFER TO STUDY
city Manaqer recommended council refer this recommended ordinance to
a study meeting. Council concurred.
COMMISSION APPLICATION PERIOD EXTENDED
438
CANCEL NOVEMBER STUDY MEETING RESCHEDULE FOR DECEMBER 6
city Manager reconunended council- change the November 15 Study
meeting to December 6. Council concurred.
COUNTY TRANSPORTATION RECOMMENDATIONS - RESOLUTION 113-89
ING OPEN]NG OF DUMBARTON BRIDGE TO RAIL!,TAY TRAFFIC
SUPPORT-
Mayor Amstrup reviewed a recen
Manager attended and at which
submitted three resolutions fo
recent earthguake for the coun
State to open the Dumbarton Br
opening a colma BART station a
ting which he and the city
ounty Board of Supervisorsffic improvements after theo consider. The first urged the
t meethe Cr tracil t
idge
nd th to rail traffic, the second urgede third urged BART extension to
ed the first resolution. otherthe airport. Mayor Amstrup support
council members agreed,
Councilman Pagliaro moved adoption of RESOLUTION 1,13-89 supporting
opening the Dumbarton Bridge to rail- traffic. Seconded by
Councilman Lembi, carried unanimously by voice vote.
PETITION FOR STOP SIGN ON FOREST VIEW AT NEWHALL REFER TO TSPC
Mayor Amstrup referred this petition signed by 60 residents to theTraffic Cornmission. Councilman Pagliaro said this is a very narrowstreet and he wouLd also like them to consider limiting parking to
one side of the street only.
CONSENT CALENDAR
City Attorney requested removal of the claim from Our Lady of Angels
Church.
Councilman Pagliaro asked for discussion of Item "b. Awarding bidfor washington Park renovations." He questioned the bidding process
based on this estimate provided by our landscape architects, he
thought the city should take a cLoser look at this project. He was
not comfortable in awarding a bid which was so much higher than thearchitect's estimate. City Manager said staff had also been quite
concerned, the bidding range v'las close and staff went back to the
landscape architect to discuss, the architect gave this to a junior
member of their firm who made some mistakes in calculations and
having material removed. He saj-d staff would like to see thisproject proceed; he discussed the impact of the earthquake on
construction costs in general and that the earthquake should not
affect landscape construction as much as general construction; thatstaff expected to see more impact from the earthquake on
construction costs next year.
Councilman Pagliaro thought it appropriate that a strong letter of
concern be sent to the Iandscape architect noting this was a very
unprofessional job and that council would look closely at a\"rarding
any projects to them in the future. Council concurred.
a RESOLUTION 114-89 - DESIGNATING AUTHORIZED AGENTS FOR EXECUTfON
OF DOCUMENTS RELATED TO EARTHOUAKE RELIEF
Finance Directoris memo of october 30 recommended council
approve a resolution designating the city Manager, Public Works
Director and Finance Director to file applications !,rith the
State for emergency financial assistance in connection with the
October 17 earthquake.
RESOLUTION 115-89 - AWARDING CONTRACT FOR WASHINGTON PARK
IMPROVEMENTS - CP 907
Park Director's memo of october 31 recommended council approve
a resolution to award a contract to Golden Bay construction for
the circular drive in front of the Recreation center and a
complete replacement of the children's play area at Washington
Park in the amount of $238,800. The landscape architectrs bid
was considerably less at $176,330.
b.
439
RESOLUTION 116-89 - ACCEPTING QUITCLAIM DEED FROM CHEVRON FOR
SIDEWALK AT BROADWAY AND CALIFORNIA
Public Works memo of October 31 recommended council accept a
Quitclaim Deed from Chevron for an area of land consisting ofabout 553 square feet at the Chevron Station at 1101 Broadway.
d RESOLUTION 1]"7-89 - ACCEPTING COMPLETION OF ADELINE DRIVE WATER
MAIN IMPROVEMENT - CP 821
e. AUTHORIZING AMENDMENT TO DEFERRED COMPENSATfON PLAN
Finance Directorrs memo of November 5 recommended council
approve this amendment to the City's Deferred Compensation Planto require an employee to provide either a Distribution Requestor a Deferral at the time the employee separates from the City.
f. ENCROACIIMENT PERMIT FOR BRICK FENCE AND WALL AT ].252 DRAKE
Public Works memo of October 25 recornmended council approve therequest for a five foot brick fence and wa11 adjacent to the
sidewalk subject to standard conditions.
h. ENCROACHMENT PERMIT FOR FENCE AND GATE AT 1411 BENITO
Public Works memo of October 31 recommended council approvethis permit for a fence and gate to encroach on a public
easement subject to standard conditions.
Councilwoman Barton moved approval of the Consent Ca1endar. Secondedby Councilman Lembi, carried unanimously by voice vote.
COUNCIL COMMITTEE REPORTS
councilman Mangini said a report from the Disaster Council would besent to council shortly regarding the earthquake damage in County.
OLD BUSINESS
Counci-lwoman Barton noted several more letters from residentsregarding the garden blower noise problem. She asked that this beput on a study meeting agenda for further discussion, some cities
have banned these machines .
NEW BUSINESS
Councilman Pagliaro called up for council review the Planning
Commission action regarding 50-60-70 Star Way. Public hearing was
scheduled for the November 20 meeting.
ACKNOWLEDGMENTS
Commission Minutes: Traffic, Safety and Parking, October 12;Park and Recreation, October 19; tibrary Board, october 17; andPlanning, October 23, 1989.
Department Reports: Treasurerrs Report, September 30, 1989;Fire Department Quarterly Report.
Commendation from Polj-ce to Bud Terry for life saving action.
Significance.
a
b
d Proclamations: NationaL Family Weeki Seniors of
Public Works memo of October 31 recommended council acceptcompletion of this project installed by Hatton Construction inthe amount $13,500 for Marshal"l Builders as part of a new
development on Adel-lne Drive.
DENIAL OF CLAIM: KELLY OIKEEFFE
City Attorney recommended council deny this claim for towing
and storage of a bus. (Our Lady of Angels claim removed from
Consent Calendar. )
440
Mailgram from Sister City Cuernavaca Mexico offering earthquake
assistance.
Councilman Pagliaro sai
and Councilman Lembi an
another four years afte
FROM THE FLOOR
Tanya Li
counci IcaIIed f
e had enjoyed working with Mayor Amstrup
ooked forward to continuing with them for
omorrow's election.
dhd1rt
shtof
or
, representative from Assemblyman tempert's office, told
recent action in the special session of the legislature
earthquake relief.
CLOSED SESSION
Council adjourned to a Closed Session regarding labor negotiationsat 8:1.8 p.m.
ADJOURNMENT
The meeting was regularly adjourned at 8:26 p.m.
udith A. MalfattCity Clerk
ELECTION COMMENT