Loading...
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. a b ,{ f s h 216 e. 2r7 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