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Home My WebLink AboutMin - CC - 1988.02.16169 BURLINGAME, CALIFORNIA February 16, 1988 CALI TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City HaII Council Chambers. The meet-ing was called to order at 7:30 p.m. by Acting l4ayor Donald P.Lembi. Actinqf Mayor Lembi indicated that with two of the council- members absent, any agenda items brought up for a vote can pass orfail on a 2-1 majority vote. PLEDGE OF ALTEGIANCE TO THE FLAG Led by Police Chief Alfred Palmer. ROLL CALL COUNCILMEMBERS PRESENT : COI'NCILMEMBERS ABSENT : MINUTES BARTON, LEMBI , MANGINI AMSTRUP, PAGLIARO Minutes of the Regular Meeting of February 1,1988, 13 61 were approved. ADOPTING 1985PUBLIC HEARING - SECOND READING - ORDINANCE BUILDING CODES AI'.ID 1.987 ELECTRICAL CODES Public Works Director reviewed his staff report of February 9 and the City Attorney's staff report of January 27 in which it was recommended that Council adopt ordinance 1361 amending existing codes. After some Council discussion regarding renewal fees for permits and changes in the fees, Acting Mayor Lembi opened the public hearing. There being no cornments, the hearing was closed. Councilman Mangini moved adoption of ordinance 1361,. Seconded by Councilwoman Barton. The motion carried 3-0 by ro11 call vote with councilman Amstrup and Mayor Pagliaro absent. PUBLIC HEARING - EMINENT DOMAfN PROCEDURE FOR PROPERTY ON AIRPORT BOULEVARD (LANDS OF fDEAL CEMENT) - RESOLUT]ON OF NECESSITY on advise of special counsel, this item was continued to the March 7 regular meeting and will be renoticed. PUBLIC HEARING - APPEAL OF FENCE EXCEPTION AT 1150 ROSEDALE AVENUE Acting Mayor Lembi explained to the applicant the need for 2 votesfor Council to take action and asked applicant if he would Iike to continue the item to the next regular meeting of March 7 when thefuII Council would be present. The applicant desired not to con-tinue the item. Applicant Jef f Short, 1150 Rosedale, approached Council in supportof the fence exception. Mr. Short explained the lattice added tothe 6' fence was not to go against any code but to silence some ofthe noise from EI camino Real and Rosedale. Mr. Short requested to know which resident complained about the fence since no one has ever City Planner reviewed her staff report of February 8 in which ap-plicant requested fence exception to retain a newly installed fence about 7r in height where 6r is all"owed. ft was also found that thefence had been placed within both utility easement at the rear ofthe property and on city property at the corner. Planning Comnis-sion recommended applicant retain 7' portion of fence on El Camino Real frontage and apply for encroachment permit within 30 days. Acting Mayor Lembi opened the public hearing. L70 approached him except to compliment the fence. Mr. Short indicatedthat 7' fence should be allowed for privacy along EI Camino becauseof the problems with traffic noise, debris, and pedestrians. Mr. l,i. J. Puttberg, neighbor of applicant, approached Council insupport of applicant's 7' fence exception. Ms. Edith Petrini, 1141Rosedale, also approached Council in support of applicant's fenceexception and stated that a1I the neighbors in the area like the fence . Acting Mayor Lembi closed the public hearing. Councilwoman Barton agreed with neighbors of applicant that thefence is attractive. She felt that since there were no objectionsfrom the neighbors as to the height of the fence, she could go alongwith granting a variance . Councilman Mangini stated he was not in favor of the fenceexception. He noted that the permit Mr. Short received stated 6' maximum and he deliberately added another foot to the fence after it was finaled. Councilman Mangini did agree with Mr. Shortts conten-tion for the need of 7' on the EI Camino ReaI side, but objected tothe fence intrusion on the city right-of-way and utility easement.He indicated he would be opposed to granting the variance for any-thing but the 7' on the E1 Camj-no Real- side. Councilwoman Barton requested clarification as to where the fence encroaches on city property. City Planner explained that the fence encroaches at the corner along Rosedale. Acting Mayor Lembi indicated his concern over contractors not build-ing to city code after the permit has been granted. He also men-tioned the need to red-f1ag those projects not being constructed tocity code standards instead of waiting until project is completed.Public Works Director noted that the fence was built to the 6theight requirement, an inspector was ca1led out and finaled thefence at the 6' height, and then the 1' lattice work was added afterthe fence had been approved. Acting Mayor Lembi stated that becauseof the Location of the property along EI Camino and Rosedale, andthere being no opposition from the neighborhood, he supported grant-ing the variance. Councilwoman Barton moved to grant the fence exception with the con-dition that the applicant return for an encroachment permit within30 days. Seconded by Acting Mayor Lembi. The motion carried 2-l byroll call vote with Councilman Mangini voting no. Council did notethat because of the applicant's schedule, he must apply for theencroachment permit within 30 days but a hearing would not be helduntiL he was available to attend. RESOLUTION 13-88 - REVISING COMMISSIONER APPOINTMENT PROCEDURE city Manager reviewed his memo of February 3 which recommended Coun-ciI approve revising commissioner appointment procedure by droppingthe requirement that applications be kept on file for one year andadding that appLications sha1l be accepted only for specific commis-sion positions with deadlines established by the city council. Resolution 13-88 approved 3-0 by ro11 call vote. LETTER FROM MAYOR PAGLIARO REGARDING DESTRUCTION OF OLD HOMES Item referred to February 20 study meeting. RECOMMENDING LEETERS TO LEGISLATORS OPPOSING ELfMINATION OF HETCH HETCHY Council recommended staff prepare letters to legislators opposingelimination of Hetch Hetchy Reservoir. MEMO REGARDING MAYORi S REOUEST FOR REVfEW OF DRIVEWAY AT 1604 CHAPIN Item referred to Mareh 23 study meeting. T7L a RESOLUTION 14-88 - JOB 627 AWARDING BID FOR STREET LIGHTING ON DONNELLY Traffic/Civil Engineerrs staff report of February 9 recommended Council approve resolution awarding subject work to Wingard En-gineering of Fremont in the amount of $3,639.90. b. REVISION OF ALARM PENALTIES Police Chiefts proposed fees. memo of February 1 recommended Council adopt c. WARRANTS AND PAYROLL Finance Director recommended approval of warrants 38277 - 38539,duty audited, in the amount of $1,251- ,252.18 and Payroll Checks 81119 - 81814 for the month of January 1988 in the amount of $807,412.55. City Engineer's memo of February 9 recommended Council approve requested encroachment permit subject to normal conditions of removal as required by the city. Councilwoman Barton moved approval of the consent calendar. Seconded by Councilman Mangini, carried unanimously by voice vote. NEW BUSINESS Acting Mayor tembi also commented on the amount of debris in theparking l-ot behind the Fox Mal-I and intended to bring the matter upat a future study meeting. Commission Minutes: Planning, February 8, Safety and Parking, January 14, 1988. 1988; Traffic, Letter from Senator Kopp regarding SB 416 exempting cities from sales taxes. Letter Mark Nelson, Bon Appetit Foods, requesting six 3o-minute meters in Lot J. d. Treasurerrs Report, January 31, 1988. Proclamation: women's HaII of Fame. Memo from MTC regarding approval of County Transportation Plan. Letter from PauI Mao suggesting a Sister City relationship with China . There were no comments from the floor. ADJOURNMENT The meeting was regularly adjourned at 8:07 p.m. Judith A. Malfatcity clerk a b c e f s FROM THE FLOOR d. SPECfAL ENCROACHMENT PERMIT FOR PLANTER AT 27 MILLS CANYON COURT Councilwoman Barton noted that the parking Iot in back of Fox MaII seems to have a lot of debris particularly in the area of the fence. She also mentioned that people seem to be abusing the parking in cLot. Could the meter maid check on the area more often? Chief Palmer noted he would look into the matter. ACKNOWLEDGMENTS