HomeMy WebLinkAboutMin - CC - 1987.04.2037
A duly
on the
called
noticed regular meeting of the Burlingame City Counci-1 was
above date in the City Hal1 Council Chambers. The neeting
to order at- 7232 p.n. by Mayor Gloria H. Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by
ROLL C
Direct.or of Public Works, Ralph Kirkup.
ALL
BURTINGAME, CALIFORNIA
April 20, 1987
AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO
NONE
were approved.
SEWER CONNECTIONS AT
held
was
COUNCILMEMBERS
COUNCI LMEMBERS
I"lINUTES
PRESENT:
ABSENT:
Minutes of the Regular Meeting of April 6, L987
PUBLIC HEARING - CONTINUED HEARING ON IMPROPER
1628 QUESADA AND 2816 TROUSDALE DRIVE
Director of Public Horks reviewed his nemo of April 16 in which he
reconmended council hold public hearing and take action. At the last
meeting, council held a public hearing and adopted RESOLUTI0N 33-87
ordering the abatement of improper sewer connections. The two
residences above were continued because they had protesEed the action
and requested retesting of their property. The reEesting has been
completed and 28L6 Trousdale passed the test and should be renoved
f rorn furLher consideration of abatemen! of improper seuer connections.
The resldence at 1628 Quesada did not pass, so council should hear any
protest from the property owner and then take action.
Director reviewed the procedure leading to these hearings in response
to Councilnan Pagliaro. In 1983 city had sewers tested for leaks;
city proceeded to repair city sewers but found that Sewer Treatment
Plant was still overloading during rainy weather; therefore, after
council consideratlon, staff proceeded to prepare Iegislati-on to
require residents to repair their leaking sewers. City did not begin
to notify property owners until January 1986 of the sewer problems.
In response to Councilman Mangini, Director noted city was not aware
until late in 1983 which properties might have faulty sewers. Mr.
Hecteman bought hi-s property in July 1983.
Mayor Barton opened the public hearj.ng.
Roy Hecteman, 1628 Quesada, again noted his displeasure with the slow
process; that he nay have been able to get partial paynent through
former properEy owner or through insurance if he had known abouL Ehis
krhen city became aware of it; he will have Eo tear up his driveway and
walkway to do these repairs, it wilL he very expensive.
Mayor Barton and council sympathized with Hecteman, is was a lengthy
process, they could not see ho!,, they could reach any compromise uith
Hectenan uj"lhout. being unfair to other property ouners rvho must also
make these repairs. Director noted there are about 61 properties
involved in having to rnake repairs, some have already done them; city
could do Hectenan's repairs and then prorate costs over five years on
his property tax bill; if cit y does repairs, it could cost more; he
also noted that Hecteman might consider the lining process to repair
the sewer, city has used this process and it is less expensive and
stops the leaks but it does cause loss of half inch of inside dianeter
of qewer. Director agreed to meet with Hecteman to discuss this
Process.
Councilman Amst.rup mentioned that the city is under a ttclean up and
abatenentrr order from the Water Quality Control Board; city has
repaired its sewers and uow the honeowners nust also repair thelrs.
CALL TO ORDER
3B
Hecteman was concerned that he would have to do repairs in
Director noLed after council orders abatement, staff would
notify all the property owners by letter that they have 30
correct, this process could take up to 60 days.
Mayor Barton closed the public hearing.
30 da
have
days
Councilman Mangini
Quesada. Seconded
voice vote.
moved to order abatement of improper sewers
by Councilman Amstrup, carried unanimously 5
at
PUBLIC HEARING
PARKING IN FRONT
SECOND READING
AND SIDE YARDS
ORDINANCE 1341 RESTRICTING
City Planner reviewed her memo of April 13 in which she recommend
council hold public hearing and take action. This ordinance con
several amendments to the zoning code to prohibit the parking of
vehicles in the front and side yards in all residential areas; it
defines driveway and vehicle, limits the width of a driveway to t
widLh of the garage or parking area, and requires that a vehicle
park beLween a structure and Lhe front or side property line exce
a driveway, garage or other approved parking area.
Council had some concerns about Easton r*here people park in the
unpaved areas between the large eucalyptus trees. The city right
way is 80 feet wide but the paved street is only 21 feet wide r so
cannot park on the street. If people park in the unpaved area, t
are parking on sidewalk area, although it is not the paved sidewa
city policy is not to cite them for parking in this sidewalk area
this proposed ordinance rril1 cause no additional parking violatio
si.nce the sidewalk area is noL the front or side yard of their 1o
Councilman Lembi noted the ordinance refers to parking areas and
asked City Planner to define a parking area; City Planner respond
that in addition. to garages, some lots have carports, and multipl
units may have covered and uncovered parking areas. Lembi noted
homes have paved the area next to garage; City Planner noted that
is considered the side yard and its use would be nonconforming.
was concerned thaL there are many corner lots which use part of t
side yards for parking. There was discussion of the dollar amountrmajor repairstt under which a property with nonconforming parking
would have to remove or relocate their parking areas. It was not
that under the zoning code a property owner may apply fqr a varia
Mayor Barton opened the public hearing.
Carlus Blevins, 3056 Rivera, was concerned about the effect this
ordinance would have on parking of recreational vehicles, he note
city has parking problem and this could compound the problem; Lhi
issue was before council several years ago and was dropped.
Mayor Barton said the ordinance was not speci-fical1y
vehicles but in response to complaints from citizens
parking on front lawns.
for recreati
about cars
Blevins noted recreation is needed and a healthy activity; many p
with these vehicles park Lhem in front and side yards; perhaps a
survey should be done before this ordinance is adopted to see how
people it would affect.
There being no other comments, the hearing was closed.
Council discussed the reason this ordinance was developed. Counc
Lembi noted he had complained about commercial vehicles parking i
front yards, perhaps this ordinance goes too fari he was concerne
about apartment buildings and homes along E1 Camino which might b
adversely affected, would they be grandfathered; might be a hards
to have to provide more parking with renovations. Councilman Pag
said this ordinance was developed because of complalnts about par
on front lawns and it should help solve this problem. Mayor Bart
said it was noL intended to do away with recreational parking and
those vehicles present no problem to the neighborhood there will
violations, Btry parking nonconformance can always come before Pla
Commission for a variance.
nal
ople
many
lman
S
S
e
d
L628
by
e
ot
tin
of
they
ey
k;
and
ome
a rea
embi
eir
of
ip
iaro
ing
n
if
eno
ning
d
ins
d
ce.
39
Councilman
Councilman
Pagliaro
Amstrup,
noved adoption of 0RDINANCE 1341. Seconded by
carried unanimously 5-0 by rolI call vote.
PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR ROOFTOP
1440 CHAPIN AVENUE - RESOLUTION 37-87 APPROVING SAME
DISH ANTENNA AT
City Planner reviewed her memo of April 9 in which she recomnended
council hold public hearing and take action. The applicants have
submitted a revised application for a six foot diameter satellite dish
antenna to be placed on the roof of a new office building at I44O
Chapin. The revised plan followed councilrs March 2 denial without
prejudice of the applicantrs previous proposal. The present proposaL
is for a dish antenna mounted 10 feet above the roof completely
enclosed by the mechanical enclosure on the roof. The top of the
antenna would noE extend above the enclosure and would not be visible
from the stree! or adjacent properties. A letter from the proposed
tenant, Prudential-Bache, stated they would be a tenant on condition
of receiving a permiL to install the antenna, the antenna is needed
for the data communications aspect of the business. The Planning
Commission approved the special permit by 6-0 vote at its March 23
meeting.
Councilman Mangini cornmented on the accessibility of equipment in the
mechanical penthouse; City Planner responded staff felt it acceptable.
Mayor Barton opened the public hearing.
David Harrison, representing Patson Development, noted the antenna
would only be visible from a helicoptert that city had received a
letter from Mr. Fortini objecting to the proposed anLenna and that
Harrison had met with Fortini and resolved any problems; Mr. Fortini
has sent a subsequent letter approving of the project.
Councilman Pagliaro asked Harrison if he understood that
would be required to be removed if Prudential-Bache left
Harrison said he understood that condition.
the
the
antenna
building.
Mayor Barton complimented Ehe applicants, she felt they had doqe a
terrific job and met aI1 city requirements. She did not understand
why the antenna was conditioned to the one tenant.
Councilman Pagliaro stated he did not want
use this antenna if the present tenant left
parking problems. Staff noted a change in
notification to cit.y, but classes would be
a special permi t.
them bringing
as this could
tenants woul da conditional
in classes Lo
increasenot require
use and needs
An agent for Grubb & E11is representing t.he tenant spoke
noting hi^s teoant was inpressed with the quality of the
in f avor ,area.
Mayor Barton closed the public hearing.
Councilman Amstrup stated the developer nou has a tenant who needs the
antenna; he thought antenna should be removed if tenant moved out.
Councilman Mangini moved to sustain the Planning Commission approval.
Seconded by Councilman Lembi. City C1erk began a ro11 cal-1 vote, then
Mayor Barton noted she had not yet caIled for a vote. She comnented
that she could not agree with condition number five to limit antenna
to a particular tenant . After furLher discussion, City Attorney noted
council could amend the motion.
Council,man Lembi moved to del-ete condition number f i.ve limiting
antenna to Prudential-Bache use. Seconded by Councilman Mangini.
Motion carried 3-2 ot ro11 call vote, Councilmen Amstrup and Pagliaro
voting no.
A roll call voLe on the original
approval of a specJ"al permit, by
anended by deletion of condition
notion to sustain Planning Conmission
adoption of RESOLUTION 37-87 as
number five, carried unaninously.
40
PUBLIC HEARING REVIEW OF PLANNING COMMISSION DETERMINATION REG DING
LIGHTING AT PUT AM MAZDA 3 CALIFORNIA DRIVE
City Planner reviewed her memo of April 10 in which she recommen
council hold public hearing and take action. In response to a
tenantrs complaint to council, Joe Putnam, owner of 3 California
Drive, has submitted his lighting plan for the car sales lot to
Planning Commission. New high efficiency light fixtures which g
more light. at lower wat.tages were placed on existing poles at an
increased height and more lights were added to the wa1ls which
substantially increased the light over previous lighting. The
Planning Commission had discussed the lighting program wiLh appl
who indicated lights on the top deck rrrere turned off at 9 p.m. d
the wattage in the other lights were reduce 30 percent; they are
reluctant to turn off the lights along California Drive until th
sales room closes, generally beLween 10 and 11 p.m. They have o
shields for the lights on the deck and will tilt the lighLs on
California Drive so that they do not shj.ne into adjacent properE
they will also insLall fence on the deck to increase privacy to
apartments on adjacent properties. The Planning Commission dire
the applicants to return in 30 days wiLh a plan for shading the
lights, tilting the lights and providing a fence for privacyr atr
tirning plan for all the lights, and Lhat during those 30 days th
lights would be turned off at 9 p.m. on the deck and aL 11 p.m.
California Drive.
In response to Councilman Pagliaro, City Planner noted the 30 da
period would be over about Lhe end of April.
ed
he
ve
cant
i1v,
dered
es;
ted
a
n
pond
pt ing
Councilman Mangini noLed that although they
to request for lighting plan, they are now
Lo take care of their neighbor I s concerns.
initially did not re
doing so and are atte
Mayor Barton opened the public hearing.
George Avanessian, architect for project, reviewed that they are
working with the neighbors to address all their complaints.
Councilman Pagliaro disapproved of putting up lights before sub
plans to city. Avanessian said they did not submit plans becaus
put lights on same poles; after discussion with neighbors, he fo
their concerns were not so much the lighting as the loss of priv
He noted the lights are the same wattage as city street lights a
street lights are closer to homes. He thought part of the probl
that the lights were turned off two years ago when const,ruction
started and resident,s grew used to being without lights, there w
never complaints in prior years. Now the lights are back on and
addition they trimmed some tree branches which shielded some of
prior 1ight. They are cooperating with neighbors and the fence
be installed within two weeks with aluminum slats for increased
privacy. In response to Councilman Pagliaro, City Planner noted
would need a fence permit.
Lee Correy, the resident who complained originally, reviewed tha
plans for pri-vacy fence are acceptable to the tenants, she did n
the lights are higher than previous lights.
A resident from San Mat.eo approved of the cooperative efforts.
Mayor Barton closed the public. She was pleased to note that th
applicants are working at solving the problem and no further act
needed at this time.
City Manager reviewed his memo of April 15 in which he asked dir
from council. 0n April t he had met with Dr. Black, Superintend
the School DisLrict, to discuss the School BoardIs desire to ado
developer fees. Based on new state legislation, school boards m
adopt fees ranging from $1.50 per square foot for new residentia
development to 25 cents per square foot for commercial projects.
fees can be collected directly by the school district or by agre
with t.he city as part of the building permit process. If the ci
does not collect the fee, we must obtain clearance from the scho
tting
they
nd
cy.
d
m was
re
in
he
il1
they
the
te
on ]-s
ct ion
nt of
L
v
The
ment
v
1
BURLINGAME ELEMENTARY SCHOOL DISTRICT DEVELOPER FEES
district prior to issuing a building permit. He indicated that theci.ty would be willing to collect the fees for the school dj.strict as
long as the administration is simple and the school district handles
resolution of any disputes or lega1 action. He also noted that the
fees may be controversial with the developnent comnunity.
CounciLnan Amstrup mentioned that the city has Bayside Devel.opment
fees which are less than these fees, the school fees could add
$L05,000 to a building such as the Owen office building; he felt the
city should handle colLection of these fees.
Councilman l"langini said the legislation is for construction or
maintenance of school buildings, he wondered what the district plans
to do with the money. City Manager responded the district plans to
use it for maintenance of existing buildings.
Mayor Barton did not want the city to be responsible for collection of
these fees; if we collect the fee builders ui11 think the city is
responsible for setting the fee. 0ther counci-1 members agreed but
noted if the city does not colLect the fee it would add del-ay and
compJ-ication to the permit process.
City Attorney noted his concern that the school district defend the
city in court for any disputes. City Manager noted the school board
has noE yet adopted this legislation but may do so early next month.
The high school district may al.so want to join in the fee collection
and in thaE case the fees would be split betl.reen the two school
districts. Councilman Mangini wondered if a builder would start with
the school district or the city; staff responded they would sti11
start with the city because they have to have plan approval first,
city would just add the school district fees as an additional step in
the building permit process. Staff will report back to councj,l on the
school district action.
Councilmen Amstrup noninated Mike E11is for the Planning Commission.
CounciLnan Mangini nominated Chuck Schwalm. Councilman PagJ-iaro noved
noninations be closed, seconded by Councilman Amstrup and carried
unanimously.
City Manager distributed individuaL ballots to
The City Clerk read the ballots and Mike ElLis
votes, Councilman Mangini voting for Schwaln.
No representatives were present from eiLher
Lhat they had been notified of the meeting.
each
was
council member.
elected with f our
AMUSEMENT PERMITS CONTINUED
City Attorney reviewed his memos of April- 9 in which he recomnended
council take action on two requests for Anusement Permits from (1)
Marriott and (2) Amfac Hotels. Councilman Pagliaro had concerns about
the lack of parking at Marriott, he received complai-nts from businessin area where people park because they can't find parking at Marriott.
He has heard complaints about the charge for valet parking at this
hoteI, he felt they should either open the underground parking area orcity should put limits on valet parking. City had condiLioned the
Embassy Suites to have free vaLet parking when they were granted an
Amusement Permit, he would favor such a condition for Marriott.
hotel. Staff conf irrned
Mayor Barton continued the Amusement Permit requests to the next
meeting in order to have the appLicants present.
LETTER OF RESIGNATION FROM LIBRARY BOARD TRUSTEE SOMMER
Councj-1 accepted the letter of resignation Lrith regret. City Manager
noted Herb Sommer would not be moving from the city until June,
TRAFFIC, SAFETY
PARK ROAD
PARKING COMMISSION RECOMMENDATION FOR ANGLE PARK]NG ON
Director of
recommended
Public Works reviewed hi.s memo of April 13
council approve the recommendations of the
in which he
TSP Commi.ssion
4I
PLANNING COMMISSION APPOINTMENT
42
to change 11 parallel parking spaces along west Park Road Lo 18
diagonal spaces with one hour meters; remove the mid block pedes
crossing; and add two 24 minute meters on the east side of Park
outside the Post Office and change the two existing 24 minute m
to one hour meters. Businesses on that street were notified and
complaint was received because that busi-ness was concerned about
street being narrowed with diagonal parking and posslble double
parking by delivery trucks.
Councilman Mangini moved approval of the recommendation.
Councilman Amstrup, and unanimously approved.
Second
IICOALITION TO SAVE OUR DELTA'I
City Attorneyts memo of April 13 recommended council direct staf
the request from the rrCoalitionfr for a letter of supporL for sta
legislation aimed toward rehabilitation of the levees in the
Sacramento Delta area. Council determined to drop t.he issue.
TRAFFIC, SAFETY PARKING COMMISSION RECOMMENDATION FOR METERING G
z0N S
Director of Public Works reviewed his memo of April 15 in which
recommended council approve the recommendation of the TSP Commis
to instalL 24 minute meters aL sixteen existing Breen zone parki
spaces in the business districLs. At the present time, Lhere ar
total of 78 green zones with 45 of them metered. Director sugge
that all unmetered green zones adjacent to metered parking areas
should have 24 minute meters.
Councilman Amstrup moved to approve this change for meters in gr
zoles as recommended. Seconded by Councilman Mangini, carried
unanimously by voice vote.
CONSENT CALENDAR
Councilman Anstrup requested discussion of item ttb. 0rdinance
Regulating St,reet Number Painters, tt he thought Lhis would be ajob for youngsters and said workers he has seen are adults. Cit
Attorney confirmed that the city has had complaints about the ma
in which these number painters operate; they are very active in
city at the present t.ime; if this ordinance is introduced tonigh
adopted at the next meeting, it would not go into effect for ove
month. Council agreed that it should be adopted as an Urgency
0rdinance in order to regulate these painters immediately. City
Attorney will add urgency language to the ordinance so that it c
adopted tonight..
a INTRODUCTION OF ORDINANCE L342 PROHIBITING CERTAIN TURNS
PA I G
City Attorney t s memo of April 2 recommended council adopt a
ordinance to a1low the police to ticket people who make a L
the business district in order to park on the opposite side
the street. Police have always considered this a u-turn.
District At.t.orney will not prosecute citations charging per
with u-turns when parking in this manner because they are n
making a complete u-turn.
b. URGENCY ORDINANCE 1343 REGULATING STREET NUMB ER PAINTERS
r l-an
on
EEN
en
ood
NTO
e
dbv
nbe
ers
one
the
e
ion
ot
a
ted
ner
he
and
a
rn in
of
he
ons
t
he
that
re
City Attorneyrs memo of April 13 recommended council adopt
this ordinance to control streeL number pai-nters and requj-r
they receive written permission from the property owner bef
Lhey proceed.
RESOLUTION 38-87 - ACCEPTING COMPLETION
RESURFACING JOB 248 C
OF ROLLINS ROADc
City Engineer I s memo of April
completion of this project by
Contractors, a Joint VenLure,
16 recommended council accept
Stacy & Witbeck/Westbay
in Lhe amount of $209,9L6.57.
43
d. RESOLUTION 39-87 ACCEPTING DRAINAGE EASEMENTS 1730 ROLLINS
City Engineerts memo of April 14 recommended council approve the
resolution accepting four easements from Art and BLenda Michael'
owners of 1730 Rollins Road, in accordance with council d j-rection
of February 2, L987.
RESOLUTION 40-87 _ PARKING VARIANCES FOR 1209-1221 HOWARD AVENUEe
City Attorneyts memo
resoluLion approvingat its last meeting.
of April 14 recommended council approve the
variances for parking as directed by council
f.TENTATIVE AND FINAL PARCEL MAP 7OO NEI.JHALL
City Engineerts memo of April 14 recommended council approve this
final map as recomnended by Planning Commission.
1.
LETTER OF SUPPORT FOR SB 516
PRIVATE ENGINEERING SERVICES
- AUTHORIZING STATE TO CONTRACT FOR
FOR HIGHWAY PROJECTS
Public Works Directorrs nemo of April 10 recommended council
support this bill which provides for CalTrans to contract
dlrectly rrith private firms for highway projects; if this bill
r,rere in effect on the Anza freeway connection, it could have been
under construction at this tine.
h. WARRANTS AND PAYROLL
Finance Director recomrnended approval of Warrants 34058 - 34634,
duly audited, in the anount of $2,344,785.27 ar,d Payroll Checks
74117 - 74464 for the month of March 1987 in the amount of
$7 07 ,917 . 2L .
DENIAL OF CLAIM: SCOTT JOHNSON
City At t orn ey
Councilnan Ams tr up
recommended denial.
moved approval of the Calendar. Seconded
call vote.
condition of the Bro a dwa y
lands, city frequently
Consent
by ro11by Councilman Lenbi,
PUTNAM LANDSCAPING
carried un an imou s 1y
Councilman Pagliaro noted the City Planner's meno of April 13
responded to his inquiry about the use of landscaping at these
businesses. His understanding was that they were going to put a pole
sign at Ehe corner, but now they have cars parked there. City Planner
reviewed that landscaping is not required in the C-2 zone. The plans
showed aggregate at the corner, but staff required that turf block be
installed so that it would appear to be landscaped even if cars were
parked there. Presently turf block is in place but the turf has not
been planted. The applicant can not get a certificate of occupancy
until the landscaping is completed; and without a certificate of
occupancy they can not shift to Long term financing. Pagliaro asked
the City Planner to inquire about the proposed si.gn.
AB 315 TORT REFORM
Councilman Pagliaro suggested council support this legislat.ion r*hich
expands a judge I s discretion as to disclosure to juries regarding
settlement agreements. At the present time the judge cannot discl,oseterns of agreements in whlch one defendant guarantees the injuredplaintiff a certain amount of money and j-f that plaintlff recovers
from another defendant, such as a c j"ty, the payment from the first
defendant is reduced or extj-nguished.
Council agreed Lo support, staff will write letter.
!ROADWAY,/ROLLINS AREA
Councilman Lembi noted a conplaint about the
Ro1l j.ns area. Staff responded this is state
asks for better upkeep but to no avai1.
44
ACKNOT\ILEDGMENTS
Commission Minutes:
7987 .
Beautification, April 2i Planning, Apra
b
c
Proclamations: Law Day, May 1, 1987; 01der Americans Month,
Public Works Week, May L7-231 Commending the Woodmen.
City Planner I s
Putnam Nlazda.
memo regarding landscaping at 3 California D
d. Letter from
e. Letter from Timothy Regan compli-menting sewer workers for s
assistance with sewer backup.
f . Letter f rom Rosemary lrlilkinson regarding Alameda t s solution
pornographic newsracks.
Mayor Barton asked that staff keep track of this cityrs efforts.
Attorney noLed Alameda j.s currently in litigation over thj-s matt
g. Police Report, March L987.
Marjorie Taylor regarding Mi11s Canyon Park.
asked this letter be referred to Park and RecreCouncilman Lembi
Petition from residents
train commuters parking
Councilman Mangini requesLed
Safety Parking Commission.
FROM THE FLOOR
There were no public comments.
CLOSED SESSION
h
Council adjourned to a closed
property negotiations at 9t34
ADJOURNMENT
The meeting was adjourned at 10:16 p.m
thei r
thi s
requesting solutio
street.
staff refer petition to the Tr
session on pending litigation and
p. m.
r
Judith A. MalfaL
City Clerk
of Myrtle
all day on
Avenue
1 13,
M.y;
ive,
ion.
1 led
Cit y
to
fic,
o