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HomeMy WebLinkAboutMin - CC - 1987.09.08108 BURLINGAME, CALIFORN]A September 8, 19 87 CALL TO ORDER A duly noticed regular meeting of the Burlingame Clty Council was held on the above date in the City Ha11 Council Chambers after a dedication cerenony for the new City Council Portrait Gallery. The neeting was called to order at 7:30 p.m. by Mayor GJ-oria H. BarEon. Led by City Planner Meg Monroe. ROLL CALL COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT: MINUTES Minutes of the Regular of August I9, 1987 and were approved. AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO NONE Meeting of August the Speci.al Study 17, L987, the Study Meeting Meeting of September 1, L987 PUBLIC HEARING -733 PLYMOUTH WAY APPEAL OF SPECIAL PERMIT FOR - RESOLUTION 9O-87 - DENYING AMATEUR RADIO ANTENNA AT SAME City Planner reviewed her memo of August 31 in which she recommended council hold a public hearing and take action. Vernon Howard, homeowner and ham radio operator, is requesting a special permit to erect a 21 to 51 feet high retracLable tor.rer toPped by a T6' by 241 wire antenna in his rear yard. Code requires a special permit for any ground mounted antenna over 25 feet in height. The tower is designed and engineered to require no guide wires. She noted six letters in opposition received f rorn neighbors. The Planning Conmission approved this permit aE its meeting of July 27, L987, notlng it was uncomfortable with such installations in residential areas. The decision was appealed by three neighbors who live on Lexington Way, Ehe street which backs onto the applicantts property. Since the code a1lows ground nounted antennas up to 25 feet above grade, the applicant was able Lo get a building permit for the antenna and had it installed. Because of a misunderstanding, the applicant extended the antenna to its ful1 height on August 19; it has since been lowered. Mayor Barton opened the public hearing. Applicant Vernon Howard, 733 Plynouth, reviewed the letters received in opposition; he requested to speak after the persons speaking in opposition but council asked him to proceed. He stated he is a 1aw abiding citizen and he regrets upsetting his neighbors. He reviewed the four areas of objection, 1ega1 , esthetic, interference and loss of real estate values. He believed the law permits him to have this anEenna, he commented the courts have held Ehat amateur antennas are legitimate additions to a house; adjacent cities have these antennas' in fact nuch larger antennas than his; when he lived in San Francisco, he had 70 foot antenna and no probl-ems with neighbors; the FCC supporLs this hobby and federal law preempts 1oca1 lawi his structure is a compromise as he would like Lo have a tal1er antenna; ham radlos are used in times of emergency and bring the people of the world closer. As far as esthetics, Ehe neighborhood 1s a 1eve1 area r'rith large trees, many very ta11 very ugly utility poles and no views. Interference to radio and TV can be remedied, the FCC will he1-p with any problems and there is an adapter available to reduce interference; he only broadcasts for a very short time' nost of time is spent receiving. Real esEate values will not be reduced; he noted tha familiar neighborhood eyesore house has recently been restored, presented a letter in support of hi"s antenna fron the new owner property who stated the antenna had no effect on the sale of his property. He also presented another letter in support. He requested council approval. ta and of he the PLEDGE OF ALLEGIANCE TO THE FLAG 109 Speaki.ng in opposition: George Parker, 733 Lexington, has a large window which will look right out on this antenna. John McMorrow, 736 Lexington, complained of this large structure, the antenna is 35 percent of the size of his back yard; his yard and windows will look out to the structure; Burlingame is fine town, but has some problems such as airport noise and many power failures in this area; the esthet j"cs problem is not that the view will be obstructed' but that the view will be of the antenna. A woman who lives in back of Howard has experienced interference vrith radi.o and TV, hears voices coming from her stereo when it is off; has concern about storms and lightening; just because 54 people were notified and only six wrote in oppositlon doe s not nean they support the project, they just do not live right next to it. Marjorie Truitt, 737 Lexington, noted that the adapter to stop interference must be installed by a technician and that would be costly. Ron ConLi, 716 Lexington, has sma11 children and is concerned about the safety of the structure, what if it should fa11 and what if it vould fa11 across power Ij-nes; will noE be able to enjoy his back yardl is experiencing interference hrith radio and TV. I{arry Graham, Planning Commissioner, has some expert j-se in radio and TV and stated that there r.,ouId be no lightening danger f rorn the antenna, in fact it would act as a lightening rod for the area; the touer is designed to uithstand winds; ham radlo should not be the cause of interference, most interference to radio and TV is caused by CB radios. Mayor Barton closed the public hearing. Councilman Pagliaro questioned Howard regarding how long he had resided in Burlingame, two and one half yearsi what the size of his previous antenna was, 23 feet. in height ; can he receive and send with the present antenna at its lowered height, not efficiently, he gets about 2 percent of possible use. Howard reviewed behavior of radio waves and need for greater height. Councilman Lembi noted radio is a fine hobby but he was shocked he saw the antenna; applicant is not listening to his neighbors are very concerned about the size of this project; such a large structure 1s wrong in the residential area. when who Councilnan Mangini said Howard is improving his quality of 1lfe to detriment of his neighbors; power poles are a necessity for the communi-ty, but this antenna is only for the use of the aPplicant. would like to see a condition that the applicant be required to pay for any adapters needed by his neighbors to reduce interference. the He Mayor BarLon stated the Burlingables subdivision is a beauti"f u1 area, the people who live there have rights; applicant is taking away the rights of his neighbors; she saw the antenna when it was at full height and it was very ugly; cities must have some rights in these matters; this antenna does not belong in the neighborhood, it is estheLically damaging. She thought council should fight this antenna. Councilman Pagliaro said Burlingame works hard to maintain the quality of its neighborhoodsl courts have found in favor of these antennas; he could not believe that the FCC would get involved in city, the only reason it geEs involved is because it wants to regulate the airwaves; applicant ' s hobby is a detriment to his neighbors; a more reasonable size would provide for the enjoyment of all. Councilman Pagliaro moved to overturn the Planning Commission approval and deny the special permit by adoption of RESOLUTION 90-87. Seconded by Councilman Lernbi. City Attorney requested council make specific findings. Councilman Pagliaro found that (1) the applicantrs antenna causes interference wit.h neighboring radio and television reception; (2) the exlsting or o1d antenna could be used for ham radio with the height kepL under 25 feet I Councilman Mangini found (3) there is a question of the safety of the structure and the proximity of power 1ines. Applicant Howard objected to Ehe findings. After some discussion, Mayor Barton informed Howard thaE he was out of order and would have to leave the chamber if he disLurbed council discussion. Howard said he would stay to hear final decision but that he disagreed with 110 council and council was defying federal Iaw, and that council did not give him a chance to rebut the neighborsr statements. Mayor Barton esthetically Mayor Barton ca1led a 8:38 with all members made another finding (4) that. the objectionable as indicated by the tower and antenna r,'rere testimony. Motj-on for denial carried unanimously by ro11 call vote. RECESS recess at 8:33 p.m. The meeting reconvened at present. PUBLIC HEARING PROTEST HEARING FOR SIDEWALK REPAIRS JOB 703 A Public Works Director reviewed his memo of August 31 in which he recornmended council hold public hearing and take acLlon. After the hearing council should approve proceedi-ng larith the project with any modifications. The project is divided into three contracts because of the quantity of work required. The purpose of the sidewalk repair project is to eliminate tripping hazards. This yearts project is bounded by Peninsula, Oak Grove, E1 Canino and the railroad tracks. Attached to the staff report uas a list of ouners affected by the first contract and the cost of repairs of sidewalks to their properties. Mayor Barton opened the public hearing. John Watson of San Mateo, owner of property at 19 and 21 Highland' agreed that repairs need to be made but would like to have a grinding procedure tried on his sidewalk rather than tearing up the entire s i dewalk. Di-rector gri,nding wi 11 have staff procedure wou 1d review Watson's sidewalk to determine if Lhe be appropriate. project, excepting f or by Councj-lman Mangini, Pierre Derouineau, 42L California, also asked for staff review of his site. Director noted Derouineau's site is noL on the list before council tonight, but staff will review before it does come before council as the property is located within the larger project area. Mayor Barton closed the public hearing. Councilman Amstrup moved to proceed rrith the staff review of Watsonrs property. Seconded carried unanimously by voice vote. TENTATIVE AND FINAL PARCEL MAP FOR RESUBDIVISION OF LOTS AT 1440 COLUMBUS AVENUE Director of Public Works reviewed the City Engineerts memo of September 2 in which he recommended that council determj"ne whether to (1) concur lrith the Planning Commission recommendation to deny this map or (2) approve the Tentative and Final Map with the condition that the map not be recorded until the existing structure is removed' The Planning Comroission held a public hearing and denied the map at its meeting of August 24. Neighbors of the 1ot have been notified of this neeting and counci-I might give them an opportunity !o speak. The applicant is requesting to remove the existing house which straddles two existing lots and to divide the 1ot to create two new 1ots. The existing Lwo lots are long and narrowl the proposed two new lots would be more square in shape. One of the greatest concerns of neighbors speaking in opposition at the public hearing was the building of two houses where one exists. Staff pointed out that even if the map is not approved, two houses could be built on the present two lots. Mayor Barton opened the floor to comments. William Pagano, attorney for applicant, reviewed his letter of September 1; the land in question, in its present subdivided condition, consists of two lawfu11y buildable and 1egaI1y conforming lots; two houses could be built on the two existing lotsi the proposed resubdivision does not create greater densityi tlro lots exi.st now and two r^rou1d exist on approval of new mapi no vari-ances or special LLT privileges are sought; lots comply with all city zoning and other regulations; the application should not be considered under City Code section 26.24.O3O; the City Engineer recommended approval; the Iots are conpatible with the existing lots in the neighborhood, particularly those on corners such as these lots; he presented maps showing setbacks applicable to frontage on eiEher Hale or Columbus, noting applicant preferred frontage on Hale. He stated there are no 1ega1 grounds for denial and urged approval. Councilman Mangini confirmed Lhat tr,ro houses 1ot s after demolition of the present house I dry rot and needs repairs. could be built on the that the present house has Several neighbors spoke in opposition; they hated to see this large o1d home demolished; prior ouners did a lot of remodeling; two houses where one was wi"11 j-ncrease parking problems on streetl new homes will- be like boxes, will cover the 1ots. Councilmembers noLed that the site is now 1egal1y two lots and the owner can build two houses on the sitei there is nothing council can dol council hated to see old home torn down as much as neighbors. Staff showed vi-sua1s of the present lot configuration and the proposed 1ots. Council agreed the new 1ot configuration was better than two long narrow 1ots. Councilman Amstrup moved approval of the Tentative and Final Map as shown in Exhibit C. Seconded by Councilman Mangini, carried unaninously by ro11 call vote. Mayor Barton cal1ed a recess at 9!35 p.m. The meeting reconvened at 9140 p.m. with all members present. PUBLIC HEARING - SECOND HOUR PARKING ON PORTION READING - ORDINANCE 1349 OF HIGHLAND AVENUE ESTABLISHING ONE PubLj.c Works DirecLor reviewed his meno of August 12 in which he recommended council hold public hearing and then adopt this ordinance. The Traffic Comnission and staff recommended parking on Highland be changed to angle parking to provide nine more spaces and that the time limit be changed from two hour to one hour parking. Councilman Lembi stated he thought this plan was a great idea. Councilman Pagliaro asked what t.he motivation was for the plan; staff noted complaints from bus j-ness on the street about need for more parking, staff investigated and proposed this p1an. Mayor Barton opened the public hearing was closed. hearing. There being no conments, the Councilman Co unc i l man Mangini moved adoption of 0RDINANCE 1349. Seconded by Amstrup, carried unanimously by ro11 call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1350 CONTRACT FOR FIRE FIGHTERS AMENDING PERS City Managerts memo of August 5 recommended council hold public hearj-ng and adopt this ordinance anending our PERS contract. The amendnent will affect only fire employees and change the period for determining average salary when retirement benefits are computed from the 36 highest paid consecutive months to the 12 highest paid consecutive months. The cost for this optional benefit is +1 .923percent of salary and is part of our last Labor agreement uith the fire fighters in lieu of a salary increase of equal amount. Mayor Barton opened the public hearing. There being no comments, the hearing was closed. Councilman Amstrup moved adoption of 0RDINANCE 1350. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. RECESS LLL TRAPFIC, SAFETY PARKING HOUR METERS TO TWO HOUR COMMISSION RECOMMENDATION TO CHANGE 18 TEN METERS IN PARKING LOT K Traffic Engineer's memo of August 24 recommended council approve the reconmendation of the TSP Commission to provide more short tern parking in Lot K. There is a long term Iot, Lot H, across the street that had space available. Council concurred; it was moved and seconded to approve this change and the r0otion carried unanimously by voice vote. CANCELLATION OF STUDY MEETING City Managerts nemo of September 2 recommended council change its next study meeting from September 23 Eo September 30. Council determined to cancel the meeting of September 23 and defer itens to the next regular study meeting of 0ctober 2I . TRANSPORTATION COMMITTEE Mayor Barton noted the Council of Mayors has approved a new counly transportation committee and is now asking Mayors Lo designate a council member to be on this conmittee. She noted thaL Councilmen Amstrup and Pagliaro have been active in this area and asked them to be representatives. She urged all council members to attend Ehese neetings. CONSENT CALENDAR Councitman Amstrup questioned iLem 're. tax exchange." Staff revj-ewed that this is an administrative action and any proposed development will cone before council at a later date; this is for a long narrou strip of land now located in Hillsborough. Attorney noted on item "h. phone system for Fire Departnentrr city require an j^ndemnity clause in the contract. City wi 11 b a INTRODUCTION OF ORDINANCE 1351 - AMENDING FLOOD DAMAGE PREVENTION REGULATIONS IN BUILDING CODE RESOLUTION 9T-87 - APPROVING APPLICAT]ON FOR GRANT FUNDS FOR BAYTRONT BIKEWAY AND BEACH ROAD CHANNEL CROSSING Traffic Engineer's neno of August 24 recommended council approve applying for a State Coastal Conservancy grant fund for two bikeway projects, the Shorel j.ne Bird Sanctuary and the Beach Road Channel Crossing. RESOLUTION 92_87 - AUTI1ORIZING AGREEMENT FOR PERSONNEL TRAINING & FRIERSONSERVICES WITH LIEBERT CASSIDY Administrative AssistanLrs nemo of August 31 reconmended council approve the agreenent to perform training services for the San Mateo Consortium composed of nine cities, i"ncluding Burlingame, and Ehe South County Fire Authority for a fee of $1'395 per agency for a one year period beginning September L, L987. RESOLUTION 93-87 - AWARDING BID FOR RECREATION CENTER REROOFING JoB 708 c Project Engineer's memo of September 2 recommendedthe bid for ALternate One to Adams Roofing in the $2O ,97 7 . council award amount of RESOLUTION 94 -87 FOR A PORTION OF - MAKING DETERMINATION OF PROPERTY TAX EXCHANGE THE HOOVER SCHOOL SITE Clty Attorneyts memo of September 2 recommended council adopt a resolution as requested by LAFCo to begin proceedings of annexing to Burllngame a narrow sliver of land which is part of the Hoover e Senior Civil Engineerrs meno of September 2 recommended council adopt an ordinance amending building and fand development requirements to prevent or reduce flood damage. d. 113 f 1. School site but is now located in Hillsborough, ACCEPT]NG COMPLETION OF 1983-84 SIDEWALKRESOLUTION 95-87 REPAIRS - JOB 313 Assistant Civil Engineerrs memo of August 24 recommended accept as completed the sidewaJ-k repairs constructed by Const.ruction in the final amount of $199,311. councilP&F I RESOLUTION JoB 718 96-87 AWARDING BID FOR CORPORATION YARD REROOFING Project Eogineer's nemo of September 2 recommended council award the bid to Adams Roofing in the amount of $21,388. RESOLUTION 97-87 - AUTHORIZING AGREEMENT WITH REDWOOD SALES FOR TELEPHONE SYSTEM FOR FIRE DEPARTMENT h Fire Chief's neno of September 3 agreement with Redwood Sales for $18,575.48. recommended council authorize an a phone system in the amount of DENIAL 0F CLAIMS: (1)MICHAEL THOMAS; (2) MICHAEL R. HARVEY City Attorney recommended denials. SPECIAL ENCROACHMENT PERMIT FOR RETAINING WALL AT I369 BERNAL Junior Civil Engineerts meno of September 8 recommended council deny the requested encroachment permit and al1or* the alternate design (C/1) due to possibility of tree root damage to the requested retaining wa11 location. Councilman Mangini noved approval of the by Councilman Lembi, carried unanlnously Consent Calendar. by voice voEe. Seconded OLD BUSINESS BURLINGAME HILLS MEETING Councilman Pagliaro mentioned that during a meeting of the Hazardous Waste Commlttee he sat next to County Supervisor Huening who expressed an interesL in working lrith the city to solve the water problems ofthe Burlingame Hi11s area. Mayor Barton reviewed that she and the City Manager wouLd be attending a meeting with the Burlingane Hi1ls lmprovenenE Association on September 9; County Supervisors would also be present. SEWER LITIGATION Councilman Pagliaro inquired abouL procedures for holding a Closed Session regarding the Hillsborough sewer litigation. City Attorney responded it must be noticed, after some discussion, counc j-L agreed to a Closed Session before the next regular meeting. City Attorney also noted council nembers should not discuss this individually with other council members, NEW BUSINESS COUNCIL REVIEW HEARING Councilman Amstrup ca11ed up for council revlew the Commission action regarding 716 Burlingame Avenue. scheduled for the September 2l , 1987 neeting. PLanning Hearing was RESOLUTION 98-87 OPPOSING PLAN TO DISMANTLE HETCH HETCHY DAM Mayor Barton noted she had received a request from County Supervisor Schumacher that counc j-1 pass a resolutj.on in opposition to Interior Secretary Hodelrs plan to dismantle the Hetch Hetchy Water System. Director of Public Works also recomnended council pass such a resolution in opposition. Councilman Amstrup revi.ewed an upcoming meet.ing at College of San Mateo to review this proposal. Councilman Amstrup moved adoption of RESOLUTI0N 98-87 opposing Hodel's p1an. Seconded by Councilnan Mangini, carried unani-mously by voice vot.e. j. tL4 j k e Letter fron Burlingame Hi1ls Association regardi-ng fire servicesa a meeting at Roosevelt School on September 9. Memo from City Manager regarding Adeline Drive fire. Letter from resident requesting elimination of gas powered blowers. Letter from Rosevi-11e parking. vj.sitor objecting to ticket for overnight Letter from Marjorie Taylor regarding the new subdivision in Mi11s Canyon Park. Letter fron State designating Burlingame a U.S. Constitution Bicentennial Connunity. f regarding a ca rn j- val PROCLAMATION WELCOMING THE POPE Mayor Barton directed a Paul II to California. procl"amation be prepared welcoming Pope John FROM THE FLOOR - ADELINE DRIVE FIRE John Freeman, La Mesa Lane, wanted to knoU if a map of inoperatj.ve fire hydrants in the Burlingane Hills area was available. Staff responded that pressure tests were being conducted and suggested Freeman Eeet with the Public Works Director to answer his questions. Letter from Our Lady of to be held on September Councilman Mangini noted there Adeline and Hillside i Direct.or and it is being repaired. Angels 25-27 , Mothers Cl ub L9a7 . was sone repair responded there golng on at water main leak work was a ADJOURNMENT Judith A. City Clerk Mal f ri ACKNOWLEDGMENTS a. Commission Minutes: Civil Service, July 7; Library Board, August18; Planning August 24i Beautification, August 8, 1987. b. Treasurerrs Report, August 31, 1987. c. Letter from County Recycling Committee. Staff noted it was responding to a questionnaire from this coEmittee. d. Letter from Caroline Lee regarding Mill-s Canyon. h. a The meeting was regu)-ar1y adjourned at 9:58 p.m.