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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 att ]-