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.