HomeMy WebLinkAboutMin - CC - 1988.06.062L3
BURLINGAIIIE, CALIFORNIA
June 6, 1988
CALL 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
meeting was called to order at '7:32 p.m. by Mayor Frank J.
Pagliaro, Jr.
PLEDGE OF ALLEG]ANCE TO THE FLAG
Led by Fire Chief Malcolm Towns.
ROLL CALL
COUNCILMEMBERS PRESENT :
COUNCILMEMBERS ABSENT :
MINUTES
A!4STRUP, BARTON, LEIIBI , MAI.IGINI , PAGLIARO
NONE
Minutes of the Regular Meeting of May 16 and the Study Meeting of
May 18, 1988 were approved.
APPROVAL OF VARIANCE FOR SIDE SETBACK FOR A SECOND STORY ADDITION
AT 2OO9 CLARICE LANE
city Planner reviewed her memo of May 23 in which she recommended
council hold a public hearing and take action. Anthony and Lella
Kakis are requesting a side setback variance in order to add a
second story to their house. The present one story house has a 5
foot, 8 inch setback. Because of the width of the lot, the
proposed second floor would require an eight foot side setback.
The Planning Commission voted to approve the variance at its
meeting of May 9, L988.
Councilman Anstrup commented that he had called this project upfor council review and that he had visited the site today and
found he would have no problem in approving the variance.
Mayor Pagliaro opened the public hearing. There being no
comments, the hearing was closed.
Councilman Amstrup moved to uphold the Planning Commission
approval with conditions. seconded by Councilman Mangini,carried unanimously by voice vote.
TRAFFfC, SAFETY, PARKING COMMISSION RECOMMENDATION FOR FOUR-WAY
STOP SIGN AT CARMELITA AND CORTEZ INTERSECTION
Director of Public works reviewed his memo of May 23 in which he
recommended council determine whether to concur with TSPC. Staff
has recolunended against installation of the stop signs since theintersection does not meet the warrants established by the city.
A number of residents of the area appeared before the TSPC to
request stop signs and after considerable discussion TSPC votedto reconunend installation to the council-. The Chairman of the
Commission is present to get directi-on from council regarding
these requests for stop signs which do not meet warrants. Staff
noted that if the city continued to install four-way stop signs
which did not meet the vrarrants established by the city this
wouLd encourage other such requests; over a period of time, thisin turn woul-d reduce the traffic carrying capacity of the city
system of arterial and collector streets.
Most counci-I members noted that residents of the areas know whena stop sign is required. Staff responded to council questions
concerning the number of accidents at that intersection andDirector noted that another accident took pl-ace one week ago. Healso noted that xight-angle accidents are correctable by a four-
way stop sign, there have been seven right angle accidents over a
2L4
five year period at this
Carmelita and Cortez are
Councilman Amstrup moved
ordinance for stop signs
Councilman Mangini .
intersection. Council noted that both
main thoroughfares from Hillsborough.
to direct staff to prepare the required
as recommended by the TSPC. Seconded by
Mayor Pagtiaro inqui-red if a study has been done on the trafficof adjacent streets in that area. Director responded yes but he
did not have the studies with him, that material would be
included lvith the material for introduction of an ordinance to
establish stop sj.gns. City Attorney noted that it would be four
weeks before the ordinance would be adopted.
The motion was carried unanimously by voice vote.
Mayor Pagliaro informed the audience that the public hearing
would be held on JuIy 5.
REVISING SIDE SETBACK REGULATION TO BETTER ADDRESS SECOND STORY
Council referred this item to the JuIy study meeting and directedstaff to see if some additional illustrative graphics andsimplified language could be prepared.
LETTERS FROM ATTORNEY GELLER RE;(1) MARRIoTT; (2) 1860 EL CAMfNo
City Attorney reviewed his memos of May 23 and 24 regarding
requests from Attorney Joseph GeIIer. Mayor Pagliaro noted he
would abstain from any discussion on this item because of apossible conflict of interest.
(I) Marriott Hotel Amusement Permit: Geller contends that thecity must notice adjacent property owners before renewing an
amusement permit. GeIIer attached a legislative counsel opinion
prepared for State Senator Kopp stating that the city should so
notice property owners. City Attorney noted that these opinions
are only opinions and have no force in law; that amusementpermits are granted under police power, not conditional usepermits under zoning laws and so are not required to be noticed.
He recorunended that council refer a copy of his memo to Gellerfor information and also noted that aII city amusement permits
would be heard at the next council meeting for renewals and
Geller should be notified of that meeting.
(2) 1859 El camino Real: Geller has had a difference of opinion
on the use of the property at 1860 EI Camino; he states hisclient cannot rent the propert
requires more parking but that
required of other buildings inhearing. city Attorney notes
medical uses because the citytional parking has not been
area; he requests a councilGeIIer should pursue
y for
addi
thethat
administrative remedies and request a variance from the Planning
Commission for parking at that building; he recommended council
also send a copy of his memo to GeIIer.
Council concurred.
CONSENT CALENDAR
Mayor Paglj.aro noted he would abstain from the vote on item "f,claims Administrati-on contract" because of a conflict of
interest. Councilman Amstrup requested information on the
location of the motorcycle parking spaces for item "a, ordinance
for motorcycle parking spaces." Mayor Pagliaro wondered why the
city was getting involved in "b, State Disadvantaged Business
Enterprise Program." Staff responded that this is a requirement
if the city receives FAU funds for street improvements. Director
of Public works noted the city would refer disadvantaged
businesses to a state agency for assistance.
INTRODUCTION OF ORDINANCE 1366 - ESTABL]SHING MOTORCYCLEa.
PARKING ZONES
215
b RESOLUTfON 51-88 - ADOPTING STATE DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM
Administrative Assistantrs memo of May 12 recommendedcouncil approve the Disadvantaged Business Program and thecurrent suggested goal of 10 percent to comply with the 1987
Surface Transportation and Uniform Relocation Assistance Actso that the city will receive reimbursement from the Federal-
Government for road proj ects .
C. DENIAL OF CLAIM: GREG MCGOWAN
City Attorney recommended denial of this claim for towing ofa truck.
RESOLUTTON - 52-88 - AGREEMENT FOR PROFESSIONAL SERVfCES FOR
WATER SYSTEM fMPROVEMENTS AT MERCY/RIVERA - JOB 245
Engineering memo of June 1 recommended council approve the
agreement with Brian-Kangas-Fou1k in the amount of $17,500for professional design services.
Traffic Engineer's memo of May 24 recommended council
approve this agreement for the Bus Rehabilitation Program,
Phase ff for reimbursement of the work on Murchison andCalifornia in an amount of $11,387.
RESOLUTION 54-88 - AGREEMENT FOR LIABILITY CLAIMS ADMINIS-
TRATION WITH GEORGE HILL COMPANY
d
f
City Attorneyrs memo of Mathis contract lvith ceorge
same as last year, except
adjuster' s hourly rate.
recommended council approve
Company, the fee remains thea one dollar i.ncrease in
v16HiII
for
s RESOLUTION 55.88 - AWARDING BfD FOR WATER METER REPLACEMENT
JOB 729
Engineering memo of June 1 recommended
awarding the contract for replacementinch water meters to Manual C. Jardim
$44,565.
ofin
ouncil approve1 1/2 inch and 2the amount of
Councilman Mangini moved approval of the Consent Calendar.
Seconded by Councilman Lembi, carried unanimously by voice votewith Mayor Pagliaro abstaining on item trf .r'
NEW BUSINESS
Councilwoman Barton introduced the ne\,, reporter for the Boutique
and Villager newspaper .
Councilman Amstrup noted he has received caIIs about Litter from
dumpsters in back of Petrini Market.
Mayor Pagliaro acknowledged the letter from the City Attorney to
Putnam Hyundai regarding the lack of compliance with city
requirements for parking for employees. Staff will report back.
Councilrroman Barton also mentioned the letter from the Broadway
Merchants regarding dedication of the Arch. Director respondedthat the merchants could plan on dedication in October. She alsonoted complaints about litter and dumpsters in the Broadway area,staff will follow up on this.
councilman Mangini noted the letter complaining about Broadway
merchants blocking sidewalks with tables and chairs, and racks of
City Attorneyrs memo of May 26 recorffnended council i-ntroduce
an ordinance that would establish motorcycle parking zones
which $rere installed in the business area recently.
RESOLUTION 53-88 - AGREEMENT WITH SAN MATEO COI'NTY FOR BUS
REHABILITATION OF CITY STREETS - JOB 412
merchandise. He also acknowledged the t$ro letters from the
chamber of commerce regarding improvements to the Burlingame and
Broadway business areas. council would Iike to know how the
merchants plan to pay for j-mprovements. Mayor Pagliaro stated he
has met with Karen Key regarding this issue and she and the
merchants would like to sit down with two council members to
discuss this j-ssue. Councilman Amstrup volunteered to meet along
with the Mayor and merchants. Councilman Lembi also said he
would be available.
BART
Mayor Pagliaro and Councilman Amstrup reviewed the SamTrans
meeting at which the SamTrans Board voted to endorse the BART
extension to the airport. They both had attended the meeting and
recorunended the Board wait until after the election but to no
avaif; several elected SamTrans board members had been absent.
ACKNOWLEDGMENTS
Commission Minutes: Planning, May 23; Civil Service, April
12; Beautification, May 5; Park and Recreation, May 19;
Library Board, May 17, 1988.
Letter from Broadway merchants inquiring when Arch will be
repaired.
Fire Department Report, First Quarter L988.
Letter from Alcohol-Related Birth Defects coalition urging
passage of an ordinance requiring posting of warning signs
in bars.
Letter from City Attorney to Putnam Hyundai regarding
complaints.
Letter from samTrans regarding BART extension to airport.
Letters from chamber of Conunerce regarding Broadway Avenue
and Burlingame Avenue merchants response to council inquiry
about improvements.
tetter from Library Board requesting funds for Project Read.
FROM THE FLOOR
Mayor Pagliaro recognized Attorney Joseph Ge1ler whose letters
were discussed earlier in the meeting. Mayor Pagliaro explained
that council had agreed to send copies of the City Attorneyrs
memos to Ge1ler for his information; he also noted that he had
abstained from discussion on these items.
Joseph celIer reviewed his client's difficulty in renting office
space in the building at 1860 EI Camino due to the cityrs
requirement for parking for medical offices. He claims that an
adjacent building is used by Peninsula Hospital for medical
purposes and did not have to get a variance from parking, and
that a buj-lding on Marco PoIo also is used for medical purposes
and did not get a parking variance.
City Attorney explained to council that the adjacent buil-ding on
EI Camino is used for alcohol counseling, and counseling services
are not considered medical use by the city. He said the proper
procedure for GeIIer was to apply for a variance from the
Planning Commission, not to ask council to exempt him from the
variance requirements.
CounciL discussed at length with Geller; council noted it did not
have enouqh information on this issue; council requested staff
bring more information to the July study meeting and to foIIow
council's previous decision to send copies of the City Attorney
memos to Ge]Ier.
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216
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Councilwoman Barton moved that staff bring more information on
this request to the July Study Meeting. Seconded by Councilman
Lembi, carried 4-0 on voice vote, Mayor Pagliaro abstaining.
City Attorney noted that the Marriott Hotel Amusement Permit
would be reviewed at the next regular meeting; councj.l agreed
that it vras not necessary to notice neighboring properties
regarding amusement permits and that the Legislative CounseLrs
opinion was not a matter of law. Mr. Geller could be heard at
the next meeting regarding his complaints about Marriott.
CLOSED SESSION
A Closed Session regarding litigation was held at 8:28p.m.
After the closed Session it was announced that the council had
unanimously approved a settlement agreement with Hillsborough
over litigation concerning charges for the treatment of
Hillsborought s sewage.
The council also approved a settlement in the Rossi vs Burlingame
sidewalk lawsuit on a unanimous vote.
ADJOURNMENT
The meeting was regularly adjourned at 8:52 p.m.
dith A. MalfattiCity Clerk