HomeMy WebLinkAboutMin - CC - 1988.02.01BURLfNGAME, CALIFORNIA
February 1, 1988
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council vrasheld on the above date in the City HaI1 Council- Chambers. The
meeting was called to order at 7:35 p.m. by Mayor Frank J.Pagliaro, Jr.
Led by a high school student in the audience.
ROLL CALL
165
COUNCILMEWIBERS PRESENT :
COUNCILMEMBERS ABSENT :
MINUTES
AMSTRUP, BARTON, LEI{BI , MANGINI , PAGLIARO
NONE
Minutes of the Special Study Meeting of January 13, the Regular
Meeting of January 18 and the study Meeting of January 20, 1988
were approved.
SECOND READING - ORDINANCE 1360 PROH]BfTfNG DRINKING IN PUBtlC
City Attorney reviewed his memo of January 4 in which he
recommended council adopt an ordinance making it unlawful to
possess an open container of alcoholic beverage in any area opento the public, be it a public or a private street, alIey orparking 1ot.
Mayor Pagliaro opened the public hearing. There being no
comments, the hearing was closed.
Councilman Mangini moved adoption of ORDINANCE 1360. Seconded by
Councilman Lembi, carried unanimously on voice vote.
Mayor Pagliaro invited colunents from the applicant and hisattorney. Richard Elorio, applicant, and his attorney Michael
Price summarized that his contractor had built the fence in same
Iocation of old fence which they assumed was on the property
Iine; that they decided to extend the fence to the front of house
for security
would have t
remove the f
to that area
he explained that the yard slope
why they installed a wall and pusix feet.
council noted
a project not
on property Ij-neither. Coun
issue a red ta
reasons; they have put in drainage system which
relocated; he is willing to
e city needs to gain access
sponded to council- questions;
ef
st
o be removed if fenc
ence in the future iof the easement. H
is
rh
re
up
rh
rhto
neci
I
from the fence and that ise fence on top higher than
at this is another case of a contractor buildingcity code; the application said fence would be
and that it would be six feet high, it wasl was also concerned that city staff did notto stop the project which was built in 1986.
Councilman Lembi and Mayor Pagliaro agreed but observed that theproject is not infringing on any neighbors and that the applicantis willing to remove the fence if city needs access.
Councilman Mangini moved to follow staff recommendations to aIlov,the encroachment of the fence I.4 feet into the easement from therear property line to the fireplace on the condition that it be
reduced in height to six feet and it be removed at ownerrs
PLEDGE OF ATLEGIANCE TO THE FLAG
SPECfAL ENCROACIIMENT PERMIT FOR FENCE AT 1431 CASTILLO
Director of Public Works reviewed the City Engineer's memo of
January It which recommended council deny the requested Permit to
allow a portion of a new fence constructed 1.4 feet into thepublic easement and a1low the remaining portion of fence, also
constructed into the public easement, but replacing an old fence
which was located in the same place, if the height is reduced tocity standards. He showed graphic of the area and responded to
council questions.
166 expense if the city needs access to the easement. Seconded by
Councilman Amstrup. The motion carried 3-2 on ro11 call vote,
Councilman Lembi and Mayor Pagliaro voting no.
APPOfNTMENT TO MOSQU]TO ABATEMENT BOARD
City Manager distributed ballots for the two candidates to the
Mosquito Abatement Board, Terry Fibich and Joseph Smith. Council
marked the ballots and they were read aloud. Fibich receivedthree votes and was thereby appointed.
PROPOSED ANNEXATION PROPERTY TAX EXCHANGE LANDS OF OICONNOR
city Manager reviewed his memo of January 21 which recommendedcouncil disapprove of the property tax exchange because the city
vrould not receive sufficient taxes to cover the costs of servicesto the two dwelling units on the property. City Attorney notedthis issue is only for the tax spIit, if council approves of thetax exchange the council would have an opportunity to comment onthe annexation at a later date before LAFCo. O'Connor, residentof 28II Hillside Drive adjacent to city land, has petitioned
LAFCo to annex to Burlingame. This property is in the Burlingame
Hi11s/County area. The owner is currently constructing a secondunit on the property which may not meet city zoning codes. Ifthe city and county cannot agree on tax exchange, the annexationprocess would halt. Staff reviewed the tax difference between
annexation of this property and another property recently
annexed from the town of Hillsborough.
Robert O'Connor and his builder Larry Lyons were present.
OrConnor distributed to council booklets with photos of the site.
He commented that the annexation would benefit the city becauseall of summit Drive frontage would then be in the city whereas
now a portion is in county area. IIe reviewed previous annexationof some neighboring properties. Lyons noted that taxes wou1d behigh on the homes on Orconnor's property; there is 22,000 squarefeet of property which could be split to city code; they will
meet all city setback and height codes; they have already
received an encroachment permit to use city sewer 1ines. TheCity Manager noted that second units were allowed in the countybut could not be subdivided.
Council-woman Barton moved to disapprove of the property tax
exchange as proposed. Seconded by Councilman Mangini.
Councilman Lembi noted he would abstain from the vote. The
motion carried 4-0 with Councilman Lembi abstaining.
TRAFFIC ALLOCATIONS FOR FEBRUARY 1988
City Planner reviewed her memo of January 25 in which there was
one reguest for traffic allocation from a proposed restaurant,the Spaghetti Factory, at 1461 Bayshore. She noted granting theallocation would not prejudice further action on thisapplication. The applicants must get a special permit and avariance from the Planning Commission for a restaurant in thisarea. Her staff report also reviev'red progress on the
Carruf/Radisson Hotel and the Hyatt Regency Hotel.
Council unanimously approved the traffic allocation for the
Spaghetti Factory.
AMUSEMENT PERMIT FOR NATEIS DELI 327 TORTON AVENUE
City Attorneyt s memo of January 26 recommended council grant an
amusement permit for comedy nights on Friday and Saturday from
9:00 p.m. to midnight. Police report no problems at the site.
Mayor Pagliaro stated that he did not approve of the applicant
scheduling entertai nent prior to receiving a permit from thecity and that he would vote against the permit.
Councilwoman Barton moved approval of an amusement permit as
recommended. Seconded by Councilman Amstrup, carried 4-I by
voice vote, Mayor Pagliaro voting no.
Mayor Pagliaro reviewed the memo of January l-5 from Councilmen
Mangini and Lembi who met with the City Manager to review
co[unissioner selection procedures. They suggested that (1)
applications be accepted only for specific positions, rather than
PROPOSED REVISIONS TO COMMfSSIONER SELECT]ON PROCEDURE
L67
keeping on file for one year and re-interviewing candidates for
various openings; and (2) current commissioners be asked at the
end of their term if they wish to serve another term, if so
council would accept the offer or call for applications; any oneof council could request applications be taken for that position.
Councilwoman Barton objected strongly to the second item of the
proposed procedures, she has always supported the two term limitfor commissioners, and could not envision putting the onus on one
council member to call up a commissioner's position.
Council discussed at length and agreed with proposal number one.
Councilman Lembi moved to accept proposal number two. Seconded
by Councilman Mangini, the motion failed on ro11 call vote,
Councilwoman Barton, Councilman Amstrup, and Mayor Pagliaro
voting no.
Staff will prepare a resolution to accept proposal number one.
CONSENT CALENDAR
Staff responded to questions concerning (a) the building code;
and (b) council wanted to be sure groups other than Litt1e League
would also have access to the batting cage proposed for Bayside
Park.
a. INTRODUCTfON OF ORDINAIICE L361 - ADOPTION OF L985 UNIFORM
BUfLDING MECHANICAL A}ID PLUMBING CODE AND 1987 ELECTRfCAL
City Attorney's memo of January 2? recommended council adopt
an ordinance to update our building codes.
b. RESOTUTION 10-88 - AGREEMENT WIEH LITTLE LEAGUE TO BUILD A
BATTING CAGE AT BAYSIDE PARK
Recreation Directorts memo of January 22 recommended council
approve this agreement to build a batting cage; Little
League will design, build, maintain and carry insurance.
The agreement will be revised to ensure use by other youth
groups.
RESOLUTION 11.-88 - AWARDING CONTRACT FOR ].988 STREET
RESURFACING - JOB 720 A
Assistant civil Engineer's memo of January 27 recommended
council award this contract to O'Grady Paving for the 1ow
bid of $249,311 .
RESOLUTION ]-2-88 - AWARDfNG CONTRACT FOR IMPROVEMENTS TO
WATER MAIN AT HILLSfDE AND NEWTON - JOB 607
c
d
city Engineer 'this contract
$320,830.
s memo of January 28 recommended council awardto Jarmes chalmers Contractor in the amount of
CONTINUE FIRE DEPARTMENT ITCONSTANT MANNINGII TRIAL PERIOD
City Manager's memo of January 15 recommended council
approve the Fire Chief's request to contj.nue the trialperiod for another six months. This has allowed the city to
use overtime to provide daily manning rather than to hire
new fire fighters.
Councilman Lembi moved approval of the consent Calendar.
seconded by Councilman Mangini, carried unanimously by voice
vote.
OLD BUSINESS - TRANSPORTATION COMMITTEE
Mayor Pagliaro summarized recent action by the Transportation
committee; the plan must be approved by MTc; council will hold apublic hearing on March 7 to consider the Transportation plan.
SCHEDULE APPEAL HEARfNGS
Mayor Pagliaro scheduled public hearings for appeals for (1)
fence at 1150 Rosedale, (2) Bus storage yard at 370 Lang Road;
and (3) a parking variance at 515 Francisco Drive. Hearings hrere
scheduled for the February 16 meeting. Since one councilmemberwill be absent from that meeting, the applicants will be asked if
168
they wish to continue their appeals to March 7.
NEW BUSINESS
Councilwoman Barton noted she had received comnents regarding the
need to repaint the crosswalk on EL Camino ReaI at the Blood
Bank/Peninsula Hospital, Director of Public Works will- notifyCalTrans. She complimented the Director on letters commendinghis department workers; she also complimented the police Chief onthe fine rating of the city jail facilities. She commented on arequest to support 'rswing dancingt' as the state dance.
Mayor Pagliaro requested that council study the destruction of
some of the cityrs fine old homes for new projects, he requestedthis go on the next study or regular meeting agenda.
ACKNOWLEDGMENTS
Commission Minutes: Beautification, January 7; planning,
January 25; Park and Recreation, January 2t; Library Board,January 19; civil Service, January 12, 1988.
b
f
Letter from Pros for Kidsfor funds.
invitj-ng Mayor to event and asking
Letter from Bob VoIImer, 1132 Juanita, objecting to asphaltsidewalk.
Letter from David Carr, attorney, regarding uses of buildingat 1420 Burlingame Avenue i response from City Attorney.
Letter from Sean Florio suggesting elimination of one hourparking on Burlingame Avenue.
Letter from David Denney suggesting primrose Bowl become ashelter for the homeless.
S. Fire Department Report, Last guarter of 198?.
h. Memo asking support for AB 36, Mandatory Motorcycle Helmet
Law.
Mayor Pagliaro requested responses to letters, support for AB 36.
ADJOURNMENT
Mayor Pagliaro adjourned the meet at 9:13 p.m
l-tty CIer
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