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Home My WebLink AboutMin - CC - 1985.10.213L2 CALL TO ORDER A duly on the cal1ed noticed regular meeting of the Burlingane City Council was above date in the City Ha1l Council Chanbers. The meeting to order at 7:35 p.m. by Mayor R. David Martin. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Clerk Judith A. llalfatti. ROLL CALL BURLINGAME, CALIFORNIA October 2L, 1985 AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO NONE held was COUNCILMEMBERS COUNCILMEMBERS MINUTES Minutes of the SCHEDULE PUBLIC PRESENT: ABSENT: Regular Meeting of 0ctober 7, 1985 were HEARING FOR APPEAL - SOUTHWEST LEASING approved. 1608 GILBRETH Mayor Martin Comnission I sfor Noven b er acknowledged a letter requestingdenial for auto leasing office.4, 19 85 neeting. appeal of P1- ann i. n g Hearing was schedu l ed PUBLIC HEARING POSTPONED - AMEREX RENT-A-CAR 851 BURLWAY Mayor Martin acknowledged a letter requesting postponement public hearj-ng because the appellant was cal1ed out of town unexpectedly. Hearing was rescheduled for November 4, L985 of the meeEing. MATEOCEREMONIAL UNION HIGH SUPERINTENDENT OF THE SAN Nicholas Gennaro, Superintendent of SMUHSD, conveyed the thanks of the School Board and the District for the financial aid provided by the Cj.ty of Burlingame to the District and Burlingame High School . He reviewed the athletic programs which had been inproved or restored due to the financi.al he1p. He stated that Burlingame High School has alr.rays had an exceLlent relationship vith the Burlingame RecreationDepartment. He noted that the City of Burlingane exemplifles the type of cooperation the district is looking for betneen the cities and the schools. PUBLIC HEAR]NG - SECOND READING - ORDINANCE 1308 EMPLOYEES RETIREMENT SYSTEM CONTRACT AMENDING PUBL]C Clty Manager reviewed his neno of October 1in vhich he recommended council hoLd publ-ic hearing and take action. On Septeober 15 the City Council adopted the required Resolution of Intention to arnend our PERS contract. 0n Septenber 27. an employee election was held rshich approved of this amendnent. Mayor Martin opened the public hearing. There bej,ng no conments, the hearing nas closed. Councilman Amstrup moved adoption of ORDINANCE 1308. Seconded by Councilwoman Barton, carried unanimously 5-0 by r011 call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1309 SIGN AT ADELINE AND ALVARADO ESTABLISHING STOP MATTERS - APPEARANCE BY SCHOOL DISTRICT Director of Public Works revi.eved his meno of September 17 in whi-ch recommended council adopt ordinance to establish this stop sign westbound on Adeline at Alvarado ae recommended by Traffic, Safety Parking Conmission. he and Mayor Martin opened the public hearing. There being no conments, the hearing nas closed. 313 Councilman Councilman Anstrup noved adoption of ORDINANCE Mangini, carried unanimously 5-0 by 1309. Seconded r o11 cal l vote. by CANDIDATES PRESENT Mayor Martin noted that City Council, candidates, Harrison, OrMahony and Lembi uere present tonight, as well as incumbeuts Amstrup and Mangini. PUBLIC HEARING FORTUNE TELLING URGENCY ORDINANCE 1310 AMENDING CITY CODE REGARDING City Attorney revieved his meno of October 11 in which he recomnended council adopt an Urgency Ordinance to establish new ruLes for fortune te11j.ng businesses. The Supreme Court recently ruled that a city ordinance prohibiting fortune telling was unconstitutional. Our city code does not prohibit fortune teIling, but we charge a fee of $100 a day which could be considered prohibitive. The city has receivedinquiries from an attorney representing a person who wishes to open afortune telling business. Thi.s ordinance will require a background investigation and a $10,000 bond to p.rotect against fraudulent practices, and will lini-t these businesses to the commercial distri.ct. It is being proposed as an urgency ordinance so that the city will have the new ordinance ineffect imnediately in the event that we receive applications. Mayor Martin opened the public hearing. Alan Horn, 1325 PaLoma, urged council to postpone taking action sothat this can be considered carefully. He urged deleting referencesto palx0istry in the ordinance since palmistry is an art. He suggesteda paln reader might be considered a consultant and wondered if thecity was going to require all, consultants to go through bond andinvestigation procedures. The hearing was closed. Councilman Pagliaro did since it would only be regular ordinance. not see a delay a of need for a couple urSency veeks if in thi s adopted matter as a Councilnan PagJ,iaro reviened parts of the ordlnance which hequestioned: convictions for crimes, would investigation by police showcity convictions, City Attorney replied fingerprinting would provide city vith rrrap sheetrr of any arrests; definition of crime of noralturpitude; concern that bond provides no protec!ion for city, City Attorney noted this could be considered; exemption for person holdinga certificate as minister, any two people can declare thenselves a church and they would be exempt. He said he nouLd vote against this urgency ordinance as it needs further study. Councilwoman Barton stated if the City Attorney recomnended this ordinance she would move to adopt URGENCY ORDINANCE 1310. Seconded by Councilnan Mangini. Motion carri.ed 4-1 on TRAFFIC ALLOCATIONS vote, Councilnan Pagliaro voting no. FROM SEPTEMBER ro1l, call CONTINUED City Plannerts qeno of October L7 recornmended council consider therevised traffic capacity numbers to include the Anza freeway connection and construction schedules submitted by the applicants and nake a deternination on traffic allocations. The requeats are forextensions to allocations for a 559 room hotel at 350 Airport and a 272 roon hotel and two restaurants (19,000 square feet) at 45OAirportl and for an addition to alLocation for 85 rooms to a hotel at 620 Airport Boulevard. Council-man Anstrup moved approval ofallocations. Seconded by Councilmanvoice vote. the requested traffic Mangini, carried unanimously by DirecEor of Public hlorks reviewed his meno of 0ctober 3 in ryhich he recommended installation of additional handicap parking spaces on street and in pubj-ic parking lots in the cityrs najor commercial areas. He suggested notifying the adjacent nerchants of the proposed changes and a11ow them an opportunity to comment to the Traffic, Safety and Parking Commission before implenenting the proposal. CounciLman Amstrup said city should consider putting a handicapparking space near Washington Park. Director of Public Works ni11look into this. Director reviewed method of painting street aDd bumper with bl"ue/white to indicate handicap parking and State fine for nisuse of handicap spaces rghich is $51-.50. Mayor Martin suggested another space be al-located at west end of Burlingame Avenue and nore spaces be pJ-aced on Broadway where only twoare proposed now, perhaps they could be placed next to loading zones. Council directed staff to inplement the recomnendations. EXPIRING TERMS OF TRAFFIC. SAFETY AND PARKING COMMISSIONERS City Manager reviewed his nemo of October 16 in vhich he suggestedcouncil request the two retiring TSP commissioners to renain 1n officeuntil- their replacements are appointed. Our code proyides that cornmissioners may do so, but this has not been our recent practice. Due to the upcoming election, council will- probably not be able !o make appointments until January 1986. TSP may Councilman Anstrup stated extension of terms should apply commissioners. City Manager saj.d he rras reconmending thisis currently reviewing the 1980 Study of Dountown Parking be dif fi-cult. uith alnost all new comnissioners. to all because and thi s CounciLman Pagliaro requested staff begin the procedure for new appointments; people could be notified and applications could be accepted prior to appointing council committee for interviews whichwill wait untiL after the election. Council concurred uith City Manager's recommendation and directed himto advertise comroission openings as soon as possible. CONSENT CALENDAR Councilman Pa gl ia ro Permit for Fence at RESOLUTION 117-85 - APPROVING HIGHWAY PROJECTS 1985-86 FEDERAL AID URBAN AND STATE requested renoval of Item t'f . Special Encroachment 2807 Adeline Drive.rr Public Works Directorrs meno of adopt this resolution supporti.ng FAU recommended SLate Highnay projects. 0ctober 16 reconmended councilprojects submitted and b RESOLUTION JoB 239 118-85 - ACCEPTING COMPLETION OF ANZA WATER LINE City Engineerts memo of 0ctober 15 recommended council adoptresolution accepting rrater system i,mprovements as installed by Galassi and Associates. The cost is approxinately $93,600 over budget, allextra costs uere necessary because of additional work needed rshere unknown obstructions kre re encountered. RESOLUTION 119-85 - FOR 21 ARUNDEL ROAD APPROYING VARIANCE FOR SIDE YARD SET BACKC City Attorney's memo resolution making certainlisted in Exhibit B. of October L1 recommended findings in Exhi.bit A and council adopt the wlth conditions 314 HANDICAP PARKING SPACES IN BUSINESS DISTRICTS a. d RESOLUTION 120-85 JOB 432 B AWARDING CONTRACT FOR SIDEWALK REPAIRS City Engineerts neno of October 16 reconnended council adoptresolution awarding the construction project to Ghilotti Brothers San RafaeL in the amount of $111,111. a of RESOLUTION SERVICES - 121-85 - AUTHORIZING AGREEMENT FOR ENGINEERING 85-86 RESURFACING - JOBS 532 AND 533 City Engineer's memo of October 16 reconmendedresolution authorizing the agreement r+ith Harris and engineering services not to exceed $10,000. council approve a As s oc i-at es for f I Removed. WARRANTS AND PAYROLL Ej.nance Director recomnended approval of Warrants 27164 - 27571, duJ,y audited, in the amount of $1,975,613.35 and Payroll Checks 61457 - 62131 for the month of Sept.ember 1985 in the amount of $648,747.79, h CHAMBER OF COMMERCE REQUEST FOR FUNDS FOR SCHOLARSHIPS MISS BURLINGAME PAGEANT Letter fron Chamber Di re ct orcityrs share of schoLarship funds. Council,wonan Barton moved approval of theItltens f .ri Motion seconded by CounciJ-man by Yoice vote. Karen Key requested $437.50 for the Consent Ca 1e nda r Mangini, carri-ed excepting unaninously REMOVED CONSENT ITEM T.. SPECIAL ENCROACHMENT PERMIT FOR TENCE AT 2807 ADELINE DRIVE Senior CiviJ- Engineerrs neno of 0ctober 7 recomnended councilissue a special encroachnent pernit for this fence in the public Right-of-Way. In response to Councilman Pagliaro, Director of Public Works revi-ewedthat this fence r.ras renoved by city crens during construction of a newuater nain; no previous permits for this fence encroachment can befound; fence has been there for over 10 years. Property ownerts patio and other improvements extend 15 feet into the cityrs 20 foot right-of-way. City is now requiring ordner to get encroachnent permit for 10to l1 feet into the r5.ght-of-way leaving a nine foot area for future necessary access to the uater main. City is replacing the fence. It has been city policy as good public relations to replace iterns removedby city and not require the ovner to replace them. Councilman Mangini moved approval of the Special Encroachment Permit. Seconded by Councilwoman Barton, carried unanirnously by voice vote. HALLOWEEN NIGHT ENFORCEMENT CounciLwoman Barton announced tha t its patrols on Halloveen night. the Police Department will doubl-e MEASURE IiAII BART noted Att and several cities have passed resolutions he moved that council adopt the folloving The Burlingame City Council urges aL1 voters to vote no on Measure ttAtt and does direct any member of this councilrepresenting the city at any meeting to vote against any motionin support of Measure rrArr and to vote in favor of any motionagainst Measure rrA. rr Councilman Mang in i sake of discussion the motion, noting would vote against he did so only for the the motion. seconded since he 31s Councilman Pagl iaro regarding Measure It resolution 3 316 Council- menbers Anstrup and Barton questioned the amount of noney involved in this BART project. Mayor Martin and Counci.J.man Pagliaro revieved the methods of funding and anounts that might be involved. Councilman approval-. Pagliaro then wit.hdrew his noLion with CounciJ.man Manginirs Councilwornan Barton noved that this counciL not take a stand on Meagure ttAtt and to direct the Mayor to abstain fron voting on MeasurettAtt at the Council of Mayorrs meeting. Seconded by Councilman Amstrup. Motion carried 4-1 on ro11 call vote, Councilman Pagliaro voting no. AIRPORT ROUNDTABLE Councilwoman Barton informed council that the group are suing the Airport have come to an agreement with Roundtable appears to be on a nore positive note. of residents who the Airport . The She also said that Roundtable members were informed that CalTrans would be pile driving t.hroughout the night for a week Eoward the endof 0ctober in an area north of town. She requested staff vrite aletter to Cal-Trans in opposition. regularly adjourned at 9:30 p udith A. Ma1 The neeting was City Clerk at After considerable discussion, council members Amstrup, Barton and Mangini stated they would take individual stands on this type ofelection, but it has been this councilrs policy not to take anofficial stand on County, State, or Federal matters. They stated they would vote against the motion. i I ! COUNCIL REVIEW OF GAS STATION AT BROADWAY AND CATIFORNIA Councilnao Pagliaro ca11ed up for council reviev the Plaoning Comnlssion approval of thls gas atatiotr remodeling rrrhich now proposes to seLl" food itens. ACKNOWLEDG}TENTS a. Conmissioo MiButes: Traffic, Safety and Parking, Septenber 12;Planning, 0ctober 15, 1985. b. Police Report, September 1985. c. Treasurerrs Report, Septenber 30, 1985. d. Meno from Sao Mateo County Hunan Relations Commission re Martin Luther King Day, e. Letter from Louis Malasplna, 1537 Howard, opposing denol"ition of Pershing School. Counciluoman Barton asked staff to respotrd to Mr. Malaspina" She noted he could have cone back from his vacation to find six homes across the street, instead he uill have a park. f. Letter from Mosquito Abatement District regarding the expirationof Lee Provinra tern as Burlingame represetrtative. g. Letter of thanks fron Burlingane High School Parent Group for donations to the high schooJ.. CLOSED SESSION Council adjourned to a Closed Session regardlng pending litigation at 9:03 p.m. ADJOURNMENT