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HomeMy WebLinkAboutMin - CC - 1987.01.05BURLINGAME, CALIFORNIA January 5, lgliT CALL TO ORDER A duly on the cal1ed PLEDGE OF ALLEGIANCE TO THE FLAG Led ROL by City Attorney Jerome F. Coleman. L CALL AMSTRUP, BARTON, LEMBI, },IANGINI, PAGLIARO NONE Meeting of Decenber I 1986 were approved. 198 6 and the StudyMi-nuEes of Meeting of the Regular December 5, Mayor Barton neusPaper. introduced the new reporter for the Boutique & Villager PUBLIC HEARING FIREWORKS SECOND READING ORD]NANCE 1335 PROHIBITING Assistant Fire Chief Bob Barry revj.ewed the Fire Chiefts memo of Novenber 24 and requested that council adopt this ordinqnce to prohibit all fireworks in the city. He noted it would be a proacEive rather than a reacLive stand, our city has been fortunaEe that it has not experienced any severe probleros with fireworks, but we cantt expect that luck t.o continue. Councilman Lembi inquired if this ordinance would control i11ega1 firevorks. Barry responded that if all firerorks are illegaf it would be easier for police to observe any use of fireworks. Mayor Barton opened ordinance. the public hearing to those in favor of the Peter 0tBrien, Fire Chief of Redwood City, stated Redwood City banned fireworks in 1986; he reviewed that in 1985 they had fi.res and injuries from both i11ega1 and "safe and sane" fireworks, in 1986 they had none. He reconnended council ban fireworks. Councilman Pagliaro questioned the fire reports from county. Mayor BarLon lnquired if Redr.rood City has a public display on the Fourth of Ju1y. 0rBrien responded they have a parade and public display of fireworks which is conducted by a private group. Doctor Jerry Kaplan from the Burn Center of Alta Bates Hospital in Berkeley, urged council prohibit firevorksl people who vi11 speak infavor do not handle children who have been burned by fireworks;fireworks are not safe and they are certainly not sane. Mayor Barton opened the hearing to those opposed to the ord j-nance, Frank B1um, attorney representing Red Devil Fireworks, noted safe and sane firevorks are approved by the State, they are not i11e8a1i Red Devil se11s to charitable and non profit groups; St. Catheriners School get funds from sales; he revielred the staff report, noting that the fires and lnjuries are caused by i1legaI fireworks; Burlingame has had no problems for the past five years; fireworks are a tradiEional American means of celebrating Independence Day and other occasionsl Christnas trees are more dangerous fire hazards; there is no jus tification to ban flreworks. Jef f Carter, 20 years and Adeline Dri ve , experienced a L7 20 never noted he has used fireworks for fire or burr; iE is a tradition; over 485 COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT: MINUTES noticed regular meeting of the Burlingame City Councj-1 was held above date in the City Ha1I Council Chanbers. The meeting vas to order at 7:30 p.m. by Mayor Gloria H. Barton. 486 perhaps better education of children should viI1 put on public display if fireworks aregreater hazard to the city. be considered; hopes city banned; shake roofs are Brian Delehanty, representing St. Catheriners Church and School, noted they rely on funds from saLe of fireworks; Burlingame only allovs non profit groups to se11 fireworks, other ciLies a1low anyone to se11. R.R. Mi11er, 1105 Dufferin, has used fireuorks for 34 years, suggests.city continue to allow safe and sane fireworks; his block has a streetparty every yearl he noted the qual"ity of firenorks has deteriorated over the years. Another BurIi-ngame resident spoke in favor, Mayor Barton closed the public hearing. Councilman Mangini stated the League of California Cities is supporting a statewide ban on firenorks; he would vote yes. Mario Cutrufelli, representing St. to a1lou fireworks, noting that it Councilman Amstrup noted he does not have f irercorks but that they can be dangerousl selling fireworks in the city and depends this if it nould keep just one child from Catherine r s, strongly urged council is a dangerous vorld we live io. a prejudice against only one organization is on funds; he uould support being burned. 1335 4-r Prohibiting on ro11 call Councilman Pagliaro noted this is a very emotional subject but the sale of fireworks has provided funds for sports equipment and other th j-ngs over the years for Ehe children of Burlingame; problems uithfireworks are ninor in Burlingane; you are in danger just crossing Ehestreet; families enjoy using fireworks; he would not vote to ban them. Councilman Lembi said he does not relish banning something he enjoys as rouch as fireworks, but he has three young daughters and would takea stand against fireworks. Mayor Barton stated she had voted against banning fireworks last year but that she was concerned throughout the Fourth of July celebrationsthat sone child would be injured; her neighborhood always has acelebrationl she was also concerned about people coming from cities r.rhere fireworks are banned to celebrate or buy fireworks inBurlingame. She asked for consideration of a public fireworks display. Councilnan Amstrup noved for adoption of 0RDINANCEFireworks. Seconded by Councilnan Manglni, carriedvote, Councilman Pagliaro voting no. Mayor Barton called 8:31 p.m. with all a recess at 8:25 members present. 1730 ROLLINS ROAD p,m. The rneeting reconvened at APPEAL CONTINUED PRIME TIME ATHLETIC CLUB City Planner reviewed her memo of December 18 in which she recommended council hold a public hearing and take action, The applicant is requesting an anendroent to his special use permit for commercial recreation use in the M-l zone in order to nake a 4,200 square foot addition to the Prime Tlme Athletic C1ub. The addition would be to expand the weight room and aerobics exercise area as veLl as to add 14 more paved parking spaces on the drainage easement at the .rear of the site which is also ovned by the applicant. Applicant has merged the drainage easeEent and the railroad easement which he recently purchased with his property at 1730 Roll"ins so tbat i"t i.s all one parcel. Michael needs an encroachnent permit from the cj-ty to use the drainage easement ,f or parking; no buiLdings can be built on the drai-nage easemenE. Michael cane before the city last year vith this request, but at that time he did not own the Southern Pacific right of way and he needed a parking variance in order to put required parking off premises on the drainage easement. With the properEies merged, he would not need a variance. RECESS 487 Councilman Pagliaro noted some of the existing parking does noL neet city code; City Planner revj-ewed these parking places. Applicant Arthur Michael and his attorney stated that they are closeto an agreenent flith the City Engineer and the owner of neighboring property on the drainage easement use and requested the appeal be continued until the next meeting. George Corey the atEorney for Royal RacqueE Club was also present. After some discussion, Councilman Lembi to the January 19 meeting. Seconded by unaninously by ro11 call vote. moved to continue the appeal Councj-lman Mangini, carried City Planner reviewed her nemo of November 20 in which she recommended council hold a public hearing and take action. The applicant, Robert Davenport, is requesting two special permits to retain a garage builtwith a 15 feet, 9 inch high roof peak (14 feet allowed) and a 440 square feet storage loft (154 square feet allowed). Applicant received a building permit and the structure was under construction when a building inspector noted the building did not conform to the approved plans. He issued a red tag and work was stopped. The plans approved by buil-ding department clearly noted 14 foot height. When the plans uere presented to the building department they had no scale or dinensions noted, so the notation of 14 feet height and 9 feetplate line was placed on them by the building inspector before issuing the building pernit. In addition Lhe plans showed a partially floored storage loft, however when the work was stopped there $as a fully floored 1of t. and the wa11s and ceiling had been sheetrocked. The garage also included a wlndow which was not shown on the plans. Planning Comnission voted 5-2 to deny the special permiEs, noting the applicant is a contractor and should be aware of requiring plans wi-th a building permit. Council expressed some concern that the red tag l{as not issued earlier in the building process. Staff reviewed the building timetable and lnspect j-o n dates. Mayor Barton opened the public hearing. The appl-icant vas not present. Andrew WrighL, L4L6 Desoto, spoke in favor, noting he Ehe applicant but that the building is only one footif it does not block vierrs he would not object. does not knou over height and Mayor Barton closed the public hearing. Councilnan Lenbi noted healuaystries tobuilding looks like it could be lovered conform to city regulations. supporEhomeowners without problems, but thi s it sho u 1d Other council members agreed, noting that it was a flagrant disregard of ciEy rules and the garage should conforrn to city code. Councilman Mangini moved to uphold the Planning Commissionrs denial. Seconded by Councilman Amstrup, carried unanimously by ro11 call vote. PUBLIC HEARING - RESOLUTION 1-87 SEWER CONNECTIONS ORDERING THE ABATEMENT OP IMPROPER Director of Public Works reviewed his merno of Decernber 17 in vhich he reconnended council hold publi.c hearing to hear any protests to the required correction of lmproper sewer connections, take action on each protest, and adopt a resolution ordering abatement. In January, February and March of 1986, PubIic Works sent not.ices t.o residents wi.th i11ega1 sewer connections to remove such sunp punp, roof and yard drains connected to their sewer. Another ttNotice to Correct or Remove Improper Sewer Connecti.ons" was mailed on Decenber 5, 1986, requesting any written objections to be submitted to the City Clerk by December 23, 7986, and notlfying them of this public hearing tonight. A few protests have been received by nail. After the public hearing, council should adopt the Resolution 0rdering Abatement. If necessary, APPEAL OF DENIAL OF TWO SPECIAL PERMITS FOR A GARAGE AT 1337 BERNAL - DENIAL UPHELD 488 staff may then proceed to secure a contractor to repairs and bill the property owner. If the bill be placed on the tax ro11 after a public hearing make is ata the necessary not paid, it will later date. Mayor Barton opened the publ j-c hearing. R.R. Mi11er, 1105 Dufferin; Director of Public klorks reviewed the down spout at Millerts house enters the sewer cleanout via a concrete channel, the cleanout is the lowest point' Director suggested Mil1er raise the cleanout several inches !o preclude the drain waters from entering sewer. Mil1er stated his down spout r,rater does noE go into the sever; he showed photos and sketches; he said raising the cleanout would be a hazard. Director suggested the channeL could be continued to the street as an alternative. Councilman MangioJ- noved to deny the protest. Seconded by Councilman Anstrup, carried unanimously. R.W. Parr, I2L2 Qortez; DirecLor of Publ-ic Works revieved the doun spout goes into the sewer line. Parr stated he bought the house in 1985 and wondered how the house could be sold wiEh an il1egal sewer connection; Director stated in 1986 city passed lau to have all houses over 25 years oJ,d tested before they are sold; Parr noted his rear yard 1s at a l-ow point in the area and wondered where the water vould go if drains are disconnected; Director stated this might require a sump punp to punp rraters to street; Parr objected to having to fix probtem he didnrt cause, he bought the house this way and this could be very expensille. City Attorney reviewed the procedure for spreading costs over a five year period on his tax b j.11 i,f he could not afford to repair. Council agreed this is very uncomfortable decision. Councilman Pagliaro noved to unanimously. deny the protest. Seconded and carried theis no Andrew Wright, L4I6 Desoto; Director of Public Works reviewed that yard drain empties into the sewer. Wright explained that his house the lowest on the block, all water drains to his yard and there is place else to drain to; he noted there are no storm drains i-n this street so a sump pump nay not help. Councilman Pagliaro noved to study. Seconded and carried Councilman of Improper property. call vote. refer this protest to staff for further unanimously. new perni t from 9 p.m Mangini moved to adopt RESOLUTION 1-87 0rdering Abatement Sewer Connections, with the exception of Mr. Wrightrs Seconded by Councilman Amstrup, carried unaninously by ro11 AI'IUSEMENT PERMITS City Attorney's neno of December 11, 1"986 reconmended council grant the foLlowing Anusenent Pernits: 1 Salutors Restaurant, L600 Bayshore, is requesting a for live entertainxnent in the form of a piano player to 2 a.n. nightly. Police Department approves. 2 3 Mr. K's, 1870 E1 Camino, was granted Since that tine there has been only Councilman Lembi moved to grant Axnusement establishments until June 1987. Seconded carried unanimously by voice vote. a one permit in ca 11 f or August 1986. a disturbance. Cheeks, 1306 Bayshore, was renewed in June for a six nonth Per j.od since there had been some disturbances at the site. In July and August there were nore problems, but counseling of the nanagement appears to have been successful. Permits to these three by Councilman Mangini, TRAFF]C SAFETY PARKING COMMISSION RECOMMENDAT]ONS FOR ADELINE DRIVE Director of Public Works reviewed his roemo of December 18 reconnended council approve the following recommendations Traffic Commission to reduce speeding problems on Adeline in which he of the Drive. 489 Police continue to monitor and enforce the speed limit. The 25 mph speed limit be retained. Instal-1 stop signs at Adeline Drive/Hoover Avenue intersection. Prohibit parking on the north side of Adeline betveen Alvarado and Hoover and move the center line three feet northuard. Staff can proceed enforcement, but parking. rt with street an or dinance narkings, noving the is required for stop center line signs and It and no 0ver the years traffic on Adeline Drive has increased and the Traffic Commission has received numerous requests for rrno parkingrr and stop signs to reduce the speeding. In September 1986, a petition was received from resj-dents requesting the Commission nake sorne recommendations to control speeding. The residents felt thatj-ncreased erforcement of speed l-imits on Hillside Drj-ve has caused traffic to divert to Adeline and thaE increased operations on the Mercy canpus brings more traffic. The Traffic Engineer examined each intersection using the four way stop sign warrants adopted by the city. The only intersection which neets the warrants for new stop signs is Adeline/Hoover. Traffic Engineer also recommended moving the center line on Adeline between Hoover and Alvarado three feet northward and prohibiting parking on the north side of Adeline there. Director noted some residents are present and may want to speak. Terry Fibich, 2339 Adeline, acting as spokesman for the resi.dents, stated the recommendaEions approved by the Traffic Cornmission are good, but the residents are asking for more. They feel the solution is to instalL three stop sj-gns at the intersection of Adeline Drive with Columbus, Poppy and Cabrillo, instead of one at Hoover. He reviewed the accidenEs and the near misses that residents have witnessed. He noted that the Mercy campus has increased its uses and this is bringing more traffic to the street. Council agreed that the residents should know what is needed in the area; if they are willing to have three more stop signs, they should have theml council noted there is a stop sign inside the Mercy exit at Hoover, residents woul,d like Mercy to put lettering on street for that stop sign; Fibi-ch noted that the Mercy campus has greatLy increased its uses and requested that council permit the residents to call in a Neighborhood Mediation Board. Council could not agree to a mediator but noted it would like t.o look into the uses at Mercy. Councilman Mangini suggested Fibich try talking to the Mercy School Principal, Sister Amy . Joe Harvey, 2205 Adeline, agreed uith the residentst request stop signs and urged council approval. Jack ColJ, also urged for thre e approval . Councilman Lembi noved to direct staff to prepare legislation to install three stop signs at Ehe Columbus, Poppy and Cabrillo i.ntersections of Adeline Drive, and to prohibit parking on the north side of Adeline between Al-varado and Hoover. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. City Manager presented the Finance Directorrs report of December 24 which reviewed negotiations uith Browning Ferris Industries for a new garbage franchise agreement, A Eentative agreenent has been reached and nill be presented to council shortly. BFI has agreed to a rate freeze until September 1989, a free annual city wide cleanup and to the proposed rate setting nethod desired by the JPA. CONSENT CALENDAR Councilman Lembi had a brief question on the escrou agreement in it.emrra. rr Councj-1man Pagliaro found it difficult to deny the claim, item "g (3)," of Mr. and Mrs. Wilkinson whose driveway had to be replaced 1. ') 4. STATUS REPORT ON GARBAGE COLLECTION FRANCHISE AGREEMENT 490 due to breakage they assert was caused by a city tree. Mayor Bartonagreed that was a difficult decision. city Attorney reviewed that thecity considers roots under private property to be the responsibilityof the property owner since they have the right to trin the city treeroots on their property. CounciLman Pagliaro asked for a separatevote on this item. Councilman Pagl iaroof Street Repairs. rt of this contract. Pagliaro suggestedpublic conplaints.conplaints about a also had a comnent concerning item tth. Acceptance He asked lf the oiL treatnent procedure was part The Public Works Director repJ,ied yes. Councilmanthat ue not use this contractor again due to theCouncil agreed, noting they had never had so nany pro ject. RESOLUTION 2-87 - AUTHORIZING COOPERATIVE AGREEMBNT WITH STATE FOR ANZA FREEWAY CONNECTION AND AUTHORIZING ESCROW AGREEMENT -JoB 005 Public Works Directorrs memo of December 29, l-986 recomnended.council adopt this resolution and authorize the cooperativefreeway agreenent and the escrow agreement. prior to the Stateadvertising for bids on the Anza Freeway Connection the city nustsign a cooperative agreement with the State Departnent ofTransportation; the city must also establish an escrou accountand deposit $3,280,000 in that account to allow for the paymentof the contractor in monthly progress payments. The citt ;i11retain all interest earned by the funds in escrow. The projectnay be completed by November 1987. b. RESOTUTION 3-87 - AUTHORIZING AMENDMENT TO AGREEMENT FOR EIGHT JOB 246INTERSECTION IMPROVEMENT S ON EL CAMINO City Engineer's nemo of December 29this amendment to the agreement with arms and signals on El Camino for anin the amount of $2j,,000 in order tosigns on mast arms. recomrnended council approveCaltrans for improving mast increased cost to the city accommodate street name c RESOLUTION 4-87 - ACCEPTING AND GUTTER REPAIR - JOB 432 85-86 SIDEWALK, CURB Assistant Civil Engineer t s memo of December L8 recommendedcounciL accept completion of inprovements installed by Cunninghan& Son in the amount of $131,987.38. RESOLUTION 5-87 - REVISING CONTRIBUTION FOR HEALTH INSURANCE FORFIRE FIGHTERS - RESOLUTION 6-87 - REVISING SAME POR ALL OTHER EMPLOYEE GROUPS EFFECTIVE AUGU STl 7987 Administrative Assistantrs meno of December 23 recommendedcouncil approve these resolution increasing city contributions tomembers of the Fire Fighters union in accoidance with theirrecent contract settlemenL and to increase the amount for alLother groups except AESCME beginning in August 1987. AMENDMENT TO AGREEMENT WITH EOS FOR WASTE WATER TREATMENT PLANT OPERATION AND MAINTENANCE COMPLETION OF C Public lJorks Directors nemo of December 18 recommended councilapprove the increased staffing at the treatment plant in orderincrease industrial uaste inspections as required by State andPederal governnent. The increased cost w:.11 be $1,704.58 permonth, January 1987 through June L987, and $3,409.16 per monthfrom July 1987 to the end of the contract i.n June 1989. to f. APPROVE EXTENSION OF CONTRACT FOR AIRPORT ROUNDTABLE CONSULTANT FROM JANUARY TO JUNE 30 1987 Airport Roundtable consultant Walter Gilfillanrs contract has runon a calendar year! this will change it to a fiscal year toaccomnodate city and county budget needs. The cost to the citywould be $120. d. e. 491 DENIAL OF HENRY AND CLAIMS; (1) MIN CHAU PI{AM; (2) VIRGINIA HoPES; (3) ROSEMARY WILKINSON City Attorney recommended denials. - ACCEPTING COMPLETION OF I986 STREET REPAIRSRESOLUTION 7-87 - JoB 533 City Engineerts memo of December 22 recommended council-conpletion of the 198 6 street resurfacing installed byConstruction in the amount of $520,990.31. accept Wattis I Finance Directorduly audited, in 71345 - 72O35 for $69s,230.37. recommended approval of Warrants 327OO - 33017,the amount of $1,J-27,L68.63 and Payroll Checksthe month of November 1986 i.n the amount of Councilman Pagliaro moved approval of the Consent Calendar excepti-ngitem g (3). Seconded by Councilman Mangini, carried unanimously byvoice vote. SMO(ING ORDINANCE Councilman Pagliaro requested the nemo from the srnoking ordinances be placed on a Study MeeLing SCHEDULE REVIEW HEARING Councilnan Amstrup requested action regarding an insurance Hearing was scheduled for the A vote on item ttg (3)t' to on voice vote , Counci.lman Councilnan Mangini asked if council only on the narrow streets in city.interested in discussing this issue. approve denial of this claim was carried 4-1Pagliaro voLing no. City Manager regarding agenda. council review of the Planning Commission office at the Adeline Market site. January 19, 1987 meeting. Sraff SEWER TREATMENT PLANT Mayor Barton inquired about landscaping at the treatment plant. responded that l-andscaping is included in the improvement p1ans. NEWSLETTER CounciL compli.mented staff on the city neusletter. NARROW STREETS would l ike to consider 0ther council members way not November 13;Library Board, one uere CounciLoan Amstrup noted neighborlng cities are insulating homes fronairport noise. City Manager reviewed that city would have to give theairport a permanent aviation easement over the city in order to get funds for noise insulati-on. ACKNOWLEDGMENTS Commission Mlnutes: Traffic, Safety and Parking,Planning, Decenber 8; Beautification, December 4; Decenber 16, 1986. b c d e Police Report, November J.986. Treasurerts Report, November 30, 1986. Letter from Martha Avilez opposing increase in parking fees. Petition from Bu r1i ng ane at parking Iots. Avenue r.rorkers opposing increase i.n fees h. WARRANTS AND PAYROLL A]RPORT NOISE INSULATION a. 492 f Letter f rorn Congressman Lantos regarding Bicentennial of the Constitution. Letter of commendation from Mayor to Ea g1e signs on side yard Letter from Wyeth Towle regarding Notice of minor modification for Channing Way. Two letters opposing the remodeling at 404 Primrose (Duncan property). Letter from Mrs. Kenneth Carter regarding street sweeping. smoking ordinances.Memo from City Manager regarding Scout Erik Hirschmann. Hillside Drive. setback at 132 j k 1 m.Letter from San Bruno Mayor require head protecti.on f or n. Meno f rom BARRF Finance Director Mayor Barton asked that city write a to require head gear for anyone on a requesting supportmotorcyclists. regarding PERS clas s of legislation to action cas e. Councilman Pagliaro cornnented on a letter from the State Energy Commissi.on regarding the proposed Bay Area Resource Recovery Eacility. He suggested they develop an acronym other than BARRF. MOTORCYCLE HEAD GEAR let.ter of support for legi slationmotorcycle. CounciL concurred. ADJOURNMENT The meeting was regularLy adjourned at 11:L2 p.n udith A.City Clerk c. h. i.