HomeMy WebLinkAboutMin - CC - 1987.11.02131
BURLINGAME,
November
CAL I FOR NI A
2, L987
CLOSED SESSION
A Closed Session regarding (1) Acquisition of Property, 1320-1350
Howard Avenue (the old bowling a11ey) and (2) Pending Litigati.on of
Vernon Howard vs City was held in Conference Room A of City Hall
beginning at 7300 p.m. A11 Council members were present.
CALL TO ORDER
A duly
on the
called
noticed regular meeting of the Burlingame City Council was
above date in the City Hal1 Council Chambers. The meeting
to order at 7:38 p.m. by Mayor Gloria H. Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
held
was
COUNCILMEMBERS
COUNCILMEMBERS
MINUTES
Minutes of the
an addi tion to
PRESENT:
ABS ENT :
AMSTRUP, BARTON, LEMBI , MANGINI, PAGLIARO
NONE
Regular Meeting of 0ctober L9, 1987
i-ndicate that council did not take a
were
vote
approved wi th
on Measure A
PRESENTATION FOR CHILD CARE COMMITTEE FUNDS
San Mateo County Supervisor Mary Griffin requested council consider
naking a donatj,on to the Child Care Comnittee. In 1986 county leaders
of United l,/ay agreed that one area of need i-n the county was the lack
of child care facilities. The counly has a high number of female
employees and over half of these women have children under the age of
six. The goal of the committee is to develop options for child care.
The cities of San Mateo and Foster City have made donations, as has
MiII/Peninsula Hospital. She introduced Robert Garcia, the child care
coordinator.
Robert Garcia stated he is the pro j ect coordinator
the Child Care Coordinatlng Council. The connittee
city to determine j"ts needs in child care.
and has worked with
wi 11 survey each
Council members questioned Garcia and Griffin; number of people
task force and cities involved; concern that this will be jusE
study with no actual solution; lrhat are the proposed $36,000 in
to be used for.
on the
another
funds
Garcia stated they would not just collect information but they would
gi ve input and offer solutions. Griffin reviewed that the consul tant
salary is $20,000 and the additional funds would be for office
support. She mentioned a new law which allows parents to enroll theirchildren in schools near where the parents work and which may bringnore chi.ldren into the area.
CounciLnan Lembi noted in his real estate business
asked about child care facilities. If the goal of
make plans and implement solutions, he would favor
con tr i but ion.
he is frequently
the committee is to
making a
Other council questions I does the state license child care;cities comprise this study areal is the Board of Supervisors
vhich
contributing; is the Child Care Coordinating Council involved;
makes the decisions for the committeei concern that there mayduplicaEion of programs.
who
be a
Mayor Barton stated counc j.1 would make a decj.sion at its next meeLing.
Led by City Manager Dennls Argyres,
ROLL CALL
L32
PUBLIC HEARING - APPEAL OF FENCE
1301 SANCHEZ AVENUE - RESOLUTION
EXCEPTION AND SIDE YARD SETBACK AT
716-87 DENYING SAME
City Planner reviewed her memo of October 13 in which she recommended
council hold a public hearing and take action. Thomas and Kathryn
Newburn are requesting a fence exception for an 8 to 9 feet high fence
(6 feet allowed) and a side yard setback variance for a four feet rride
slde yard (7.5 feet is required on this corner 1ot) in order to alLor{
a deck installed without a building perrnit to remaln. In order to
maintain access to the crawl space under the house, the deck was
1nstal1ed abouL three feet above grade with a three feet high railing.
Because of the slope of the lot, the deck is about two feet below the
existing fence so people standing on the deck are clearly seen f rom
the sidewalk and street. The deck was installed by a contractor. The
Planning Commission voted unanimously to deny both the fence exception
and the side yard setback variance, noting that the applicant was not
at fault in the construction but that he had recourse to have the
contractor correct the problem.
Mayor Barton opened the public hearing.
Thomas Newburn, applicant, presented a letter in support of the
project signed by many of his nelghbors. He reviewed that his
contractor said he would get a permj-t, but when Newburn lrent to city
to get fence permit he found the contractor did not get a permit. He
hoped to keep the deck and be allowed to build the fence.
A nelghbor who received notice of this hearing spoke in favor.
There being no other comments, the hearing was closed.
Council discussed wj-th Newburn and staff; applicant is caught in a
predicament caused by contractor; need Lo send messaBe to contractors,
but puts applicant j.n poor position; the deck could be lowered;
contractor would be liable for a penalty of 10 times the building
permit fee; applicant can complain to t.he State Contractor Board.
Councilman Pagliaro uas concerned that the applicant would have
Lhe contractor, then pay for another contractor Eo rebuild. He
11ke to study a method of penalizing contractors who do thi.s,
Councilman Mangini moved to uphold the Planning Commission and
RESOLUTI0N 116-87 denying the project. Seconded by Councilman
Amstrup. Councilman Lembi stated he hoped the applicant could
some action against the contractor. The motion carried 4-l by
call vote, Councilman Pagliaro voting no.
to sue
would
adopt
take
ro11
Councilman AmsLrup said he would also like to study a method to
overcone this problen with contractors.
PUBLIC HEARING - APPEAL OF RETAIL SALES SPECIAL PERMIT EOR 1295
ROLLINS ROAD - RESOLUTION T77-87 DENYING SAME
City Planner reviewed her memo of October 26 in which she reconmended
that council hold a public hearj.ng and take action. John Horak,
representing Specialty Forei-gn Auto Parts, is requesting a speclal
permit to expand this wholesale auto parts distribution use to include
retail sa1esl retail sales would not exceed 4 percent of the business.
The number of employees would not change. There is no parking on the
site; the curb in front of the business is painted green and limited
to 10 minute parking. On October 13, the Planning Commission Yoted to
deny the special permit.
Mayor Barton opened the public hearing.
Gigi Horak, representing applicant, uas present. She responded to
council questions regarding parking. Councilman Mangi-ni noted his
concern that the business might advertise and draw more customers to
add to the parking impact in the area. She assured council she would
not advertise. Her employees ride together and find parking in area'
There 1s usually parkj-ng nearby. Councilman Pagliaro had been at site
uhen two cars were parked illega11y in a tow auay zone after 4 p.m.
Retail sales are not allowed in this M-l zone.
133
Mayor Barton closed the public hearing.
Councilman Mangini moved to sustain the Planning Commissi.on denial by
adoption of RES0LUTI0N 117-87 denying the special permlt. Seconded by
Councilman Pagliaro, carried unanimously by ro11 call vote.
PUBLIC HEARING - REVIEW OF ROOFTOP DISH ANTENNA
RESOLUTION 118-87 APPROVING SAME
AT 1201 BROADWAY
City Planner reviewed her memo of October 26 in which she recommended
council hold public hearing and take action. Gil Beyrouti,
representing Village Host PLzza, is requesting a special permit to
place an eight foot diameter satellite dish antenna on the roof of the
building at 1-2OI Broadway. The antenna will receive signals only and
will be set so that it rises seven feet above the surface of the roof
and 2.5 feet above the parapet. It will be set toward the center of
the roof and enclosed by an eight foot wal1 of painted plywood. The
Planning Commission approved the permit at its neeting of October 13.
Counci.lman Mangini asked about a stick placed on the roof . Ci ty
Planner noted this uas to lllustrate vrhere the wa11 would be located.
Mayor Barton opened the public hearing.
Jerry Gilmore, representing applicant, stated this is a family and
sports orlented business. They want the antenna to provide more
sports enjoynent for their customers.
Councilrnan Pagliaro had some concerns that other programs might be
shown which would not be appropriate for children. Applicant assured
council that the antenna would only be used for sports and noted that
the antenna could be programmed to exclude any inappropriate programs.
Councilman Amstrup said he would also like assurance that the antenna
would be removed if the business changed owners.
Mayor Barton closed the hearing.
Councilman Anstrup noved to uphold the Planning Commission approval by
adoption of RES0LUTI0N 117-87 approving the special permit with
conditions of staff report and the additional conditions that the
antenna be used exclusively for sports programs and ir be rernoved if
the business changes ownershi-p. Seconded by Councilman Mangini,
carried unaninously by ro11 call vote.
INTRODUCTION OF ORDINANCE 1354 - ANIMAL CONTROLS
Clty Attorney reviewed his nemo of September 23 io which he
recommended council adopt a new animal control ordinance as suggested
by the county. The ordj-nance provides for strict controls of
dangerous animals such as pit bull dogs. Council discussed this
ordinance at iLs lasL study rreeting with representatives from the
county and the Humane Sociecy with whom the city contracts for animal
control .
Counci 1 introduced the ordinance for its first reading.
APPOINTMENT OF AUDIT COMMITTEE REPRESENTATIVES
City Manager reviewed his memo of October 28 in which he recommended
councll select tkro members to revie!, the draft financial sLatements
and management letters with the auditors. He had tentatively set
November 19 for the neeting. Councilmen Amstrup and Mangini
volunteered, but the date would have to be changed.
CONSENT CALENDAR
Councilrnan Pagliaro questioned the concept of trailers i"n t'a,
Ordinance restrictj.ng parking and storage.rr City Attorney noted
Lrailers would be considered vehicles, as would anythlng uith wheels,
and therefore trailers would be covered under another section of thecity code. Pagliaro also wondered about defining storage. City
Attorney will research a definition and time frame for storage.
Councilnan Pagliaro also wondered why the lowest bid was not acceptedon item rrb, awarding bid for sidewalk repairs." Staff pointed out
L31
that Whiteside, the bid award winner, was the low bidder. Councilmen
Pagtiaro and Mangini both questioned denying the claim tte (1) Anthony
Hayley. tt City Attorney explained his reason for recommending denial,
including that Ehe claim did not indicate a defective condition of
public properEy. Council accepted the City Attorneyrs additional
explanaEion.
ORDI NANCE RESTRICTINGa
c
e
INTRODUCTION OF
OF INOPERATIVE VEH I CLE S PARTS BOATS
PARKING AND STORAGE
AND CAMPERS
City Attorneyts memo of 0ctober 27 recommended council adopt an
ordinance to control the storage of inoperative cars, car Parts
and boats and campers in driveways, front and side setbacks.
1355 -
VEHICLE
b RESOLUT]ON II9-87 -
REPAIRS - JOB 703 A
AWARDING BID FOR SIDEWALK, CURB AND GUTTER
Assistant CiviL Engineerts memo of October 27 reconmended council
adopt a resoluLion to award the contract to the low bidder,
lJhiteside Construction, in the amount of $139,135.
RESOLUTION L2O_87 - AWARDING B]D
BYPASS - JOB 405
FOR MATERIALS - SEWER FORCE MAIN
Senior Civil Engineerts memo of October 22 recommended council
adopt a resolution awarding the contract to the 1ow bidder,
NorthwesL Pipe and Casing, for furnishing 30 inch pipe for the
sewer bypass crossing the freeway in the amount of $43'016.
RESOLUTION T2I-87 - ACCEPTING COMPLETION
PUMP STATION - JOB 431
OF AIRPORT BOULEVARD
DENIAL 0F CLAIMS: (1) ANTHONY HAYLEY; (2) ARATA M0T0R
City Attorney reconmended denial (1) Hayleyrs sidewalk fal1, and(2) Arata's claim for storage fees for an impounded car reported
stolen.
Councilman Amstrup moved approval of the Consent Calendar.
by Councilman Pagliaro, carried unanimously by voice voEe.
PARKING STRUCTURE STUDY
Councilman Lembi requestedparking structure study at
Councilman Amstrup invited everyone
Millbrae to celebrate the defeat of
Councilman Mangini complinented the
letter commending his employees.
ANTI-GRIDLOCK LEGISLATION
PLANNING COMMISSION ITEM
that council formalize action on the
its next meeting.
Seconded
the Remington ln
tomorrow I s election.
Director on the
ELECTION
Councilman Lembi complimented the two council incumbenLs and wished
them luck in tomorrowts election.
COUNTY BART TRANSIT - MEASURE K
to a party
Measure (at
in
Public Works
Councilman Pagliaro reviewed the new legislation; Police Chief noted
any intersection subject to this law may be posted. Councilnan
Pagliaro asked that staff investigate the possibility of postinB sone
crit.ical city intersections.
d.
Public Works Directorrs nemo of 0ctober 23 recommended council
approve the resolution accepting Airport Boulevard Sewer Station
installed by Albay Construction in the amount of $353,339.28.
councilman Amstrup noted he would not call up for review the Planning
action on 1153 Bernal , but the two variances would result in a very
135
large house for this lot and
issue of such variances at a
HALLOWEEN
Chief of Police reported
Council complinented hls
he thought council should discuss Ehe
future study meeting.
that the 1987 Halloween night
department.
was quiet.
A CKN Oi,JLEDGMENTS
a. Commission Minutes: Park and Recreation, 0ctober 15;
Beautification, october 1; Library Board, 0ctober 20; Planning,
0ctober 26, 1987.
b. Pire Department Report, Third Quarter 1987.
c. Letter from Assemblyman Katz regarding AB 667, Anti-Gridlock.
d. Letter fron Patricia Bykoff regarding removal of a redwood tree.
e. Letter complj.menting Building Departnent enployees.
f. Letter from Millbrae Councilman Carrnizzaro requesting
reappointment to SanTrans Board of Directors.
FROM THE FLOOR
There were no comnents from the floor.
ADJOURNMENT IN MEMORY OF KAY SOMMER AND LARRY PUTMAN JR.
Mayor Barton asked for a monent of s j,lence in nemory of our former
City Treasurer's daughter Kay and Civil Servlce Commissioner PutroanI s
son Larry, both of whom di.ed recently. The meeting was adjourned in
their nemory at 9:08 p.m.
udith A, Malfa
Clty Clerk
I
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