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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