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.