HomeMy WebLinkAboutMin - CC - 1984.07.16L4L
BURLINGAME, CALIFORNIA
July 16, 1984
CLOSED SESSION
At 7:30 p.m. on the above date in Conference Room A of
council met in Closed Session with all members present
concerning Personnel and Litigation.
CALL TO ORDER
A duly noticed, regular meeting
held on the above date in the Ci
was ca11ed to order at B:05 p.m.
PLEDGE OF ALLEGlANCE TO THE FLAG
Led by Cub Scout Troop 7O.
ROLL CALL
COUNCILMEMBERS PRESENT :
COUNCILMEMBERS ABSENT :
MINUTES
AMSTRUP, BARTON, MANGIN], MART]N, PAGLIARO
NONE
City Ha1 1 ,on matters
the Burlingame City Council was
Ha11 Council Chambers. The meeting
Mayor Irving S. Amstrup.
July 2, 1984 were approved with the
end of line one, third paragraph
hard to
of
ty
by
Mlnutes of t
addition of
from bottom
he Regular Meeting
the wordttfortt at
of page 1.
of
the
BURLINGAME T_SH]RT
Mayor Amstrup displayed a t-shirt he had purchased with t'It's
be humble when you're from BURLINGAME" printed on it.
PUBLIC HBARING
205 PARK ROAD
REVIEW OF USE DETERMINATION FOR SECOND FLOOR AT
City Planner reviewed her memorandum of July 11, 1984 in which she
recommended councll hold public hearing and make a determination on
each of the Planning Commission actions. Based on staff determination
that off-street parking to current code would have to be provided in
order to use the second floor of an office building at 205 Park Road
because it had been vacant for more than six months, the applicant Joe
Karp, applied to the Planning Commission for a determination that thewhole property had not been vacant. If the property had not beenvacant, he would not have to provide off-street parking to code beforeusing the area. At its meeting of June 25, the Planning Commission
moved to a11ow office use on the second floor of that building basedon the finding that it should not be considered abandoned underMunicipal Code section 25.50.040, vote was 4-2 which is approval.
Councilman Mangini questioned whether this section of the code wouldalso apply to the theater building and the bowling a11ey. CityPlanner replied those buildings are vacant and City Attorney statedthis review is for only a single floor of a building. CouncilmanPagliaro pointed out that there are some sma11 businesses open 1n thetheater building. Councilwoman Barton noted that there was also anoffice located in the bowling a11ey. Staff confirmed that there arebusinesses 1n the front of the theater but the remainl-ng office on thefirst floor 1n the bowling a1ley is closed, though they were not surehow long it had been closed.
Mayor Amstrup opened the public hearing.
David Carr, attorney representing Joseph Karp, observed that codesection 25.50.040 refers only to nonuse of an entire building for sixmonths or more, it does not apply to only a second f1oor. If thesection applies to a second floor it is unclear and the courts woulduphold Karp, furthermore that entire section of the code would bestricken. He referred to examples of other buildings which did nothave to provide parking. He thought that section of the code couldalso apply to auto dealerships. He thought there were specialci-rcumstances in (1) the remodeling which has been going on in thatbuilding and the sectlon of code does not apply to remodeling, (2)
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businesses have continually operated in the first floor of thebuilding, (3) the second floor has been in use for storage of officesupplies, office furnishings, etc. If Karp is denied, it would be animproper and unconstitutional act and would deprive him of hisproperty without compensation. He hoped council would uphold thePlanning Commission.
Councilman Pagliaro questioned the removal of all storage spaces inthe basement. Karp clarified that he had promised to remove thestorage bins. City Planner noted that the storage bins were there
when Karp bought the building, bins were in spaces originally designedfor parking. Pagliaro questioned if Karp had lndicated he wouldprovide parking there. Karp said he did not j-ntend to provide thatparking as part of this application.
Council discussed at length the remodeling which Bayview has been
carrying on for over two years; the amount of money involved in the
building permit and its expiration date; Bayview has been usj-ng secondfloor for storage; time limits on remodeling permits were discussed.
Tony Taylor, President of Chamber of Commerce, addressed council. He
was not speaking for or against applicant but to the parking problem.
The Chamber Board of Directors believe section 25.5A.040 is ambiguous.
City has a parking problem that will not go away. This code section
should be studied because more parking cannot be created by using the
existing leasable areas. The only solution is adding spaces in an
elevated parking structure.
Mayor Amstrup closed the public hearing.
Counc i 1
parking;
concern
discussed at length with staff; area is severely impacted by
agree interpretatj-on of code applies to entire building;
this could apply to areas such as Adeline Market site.
Councilwoman Barton wondered if council should rule separately on six
month vacancy portion, she lsas concerned that the o1d Mont.gomery Ward
building could be brought up to fire code and then they could put in
offices without providing addltional parking. City Attorney and City
Planner noted that would be more i-ntensive use and therefore would
require additional parking.
Councj-1man Pagliaro inoved to sustain the Planning Commi-ssion action to
a11ow offlce use on the second floor based on the finding that it
should not be considered abandoned under Code Section 25.50.040.
Seconded by Councilman Mangini, carried unanimously by ro11 call vote.
PUBL]C HEARING - SECOND
WATER RATES FOR 1984_85
READING ORDINANCE I282 _ ESTABL]SHING WASTE
Director of Public ldorks reviewed his memorandum of June 21
he recommended council adopt an ordinance establishing rates
85, beginning with the water readings on or afLer September
The rate increase for single family resj-dences would be 6.5
other categories would increase from 4 to 23 percent.
Mayor Amstrup opened the
hearing was closed.
public hearing. There being no comments, the
in which
for 84-
1, L984.
percent,
Councilman
Councilman
Mangini moved adoption of 0RDINANCE
Pagliaro carried unanimously by ro11
1282.
ca1 1
Seconded by
vote.
Councilman Martin noted that it is a federal requj-rement that cities
collect for waste water treatment, he also noted that Burlingame has
established winter/summer rates so that residents do not have to pay
hi-gher rates in summer during irrigation time.
APPROVAL OF LA MESA COURT REPAVING PLANS AND FUNDING
Director of Pub11c l,rlorks reviewed his
he recommended council approve cityts
memor an durn o f
participation
11 in which
o ther
Ju1 y
with
Councilman Pagliaro noted that in spite of his concern for parklng he
would have to find for Lhe applicanL because the code clearly refers
to an entire building. He would like the code to be more definitive
and suggested council schedule a discussion of the code for study
meeting.
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property owners in repaving this private street. In 7975 city
acquired a 1ot on La Mesa Court to provide access to Mi11s Canyon
park. The owners have solicited bids and the lowes,t bid appears to be
Lowrie Paving in the amount of $12,900 for a 2 inch overlay. Director
recommended city pay $3690, a double share and the other owners share
in the balance of $9210.
After brief council comments on use of heavy equipment over the road
for park work and a comment from the audience by one of the property
owners regarding the division of payment, Councilman Mangini moved
approval of cityrs participation in this repaving project as
recommended. Seconded by Councj-lwoman Barton, carried unanimously by
voice vote.
REVIEW OF STATE ARCHITECT PLANS FOR BURLINGAME AVENUE TRAIN STAT]ON
City Manager reviewed his memorandum of July 10 to which he attached
plans from the state for restoratj-on of the train station. Work 1s
scheduled to begin shortly, but costs are 1ike1y to go over original
estimates. There are some city concerns about the landscaping and the
parking p1ans, but he suggested city request state to begin work and
reserve comments on the landscaping and parking unti-1 1ater.
Mayor Amstrup noted that the Save 0ur Station auction/dinner would be
held this Thursday. He noted his concerns for the historical roof
tiles; a cj-tizen has offered to buy one for $100. City Manager stated
he has relayed cityts concern for care of the tiles to the state.
INSTALLA'I]ON OF NEIGHBORHOOD WATCH SIGNS
City Manager reviewed his memorandum of July 10 in which residents
requested installation of Neighborhood Watch signs. Residents would
pay the cost of the signs which would be installed by city crews.
Since this will establish a precedent, he requested councll indicate
its approval or any objections.
Councll revlewed with staff; Chief of Police displayed the signs,
which would cost $18 and poles and installation would cost an
additional $65; this is a crime prevention measure which neighborhoods
can use by first meeting with a crime prevention officer who instructs
them in how to set up a Neighborhood Watch program.
Council had no objections.
ALLOCATION FROM CITY REWARD FUND
Mayor Amstrup inquired if considerati-on had been given to adding to
the reward fund as requested by Foster City.
Councj-1man Pagliaro moved to allocate $500 from Reward Fund for
and conviction of this rapist. Seconded by Councilwoman Barton,
unanimously by voice vote.
arrest
car r ied
Mayor Amstrup noted this city started a reward fund many years ago.
SCHEDULE AUGUST STUDY MEET]NG
City Managerts memorandum
for August study meeting.
of July 10 requested
Council agreed upon
council confirm date
Thursday, August 23.
CONSENT CALENDAR
Councllman Pagliaro requested discussion of several items on the
Consent Calendar prior to approval.
0n the introduction of the 0rdinance Making Parklng and Speed Limit
Changes on Carolan and Rollins Near Toyon, council discussed how speedlimits would be controlled; need for traffic survey in order to useradar; additional parking should cause people to slow down; perhaps
city should install parking changes before making speed limit changesto see if the parking does slow cars. Councilman Pagliaro was
concerned about introducing another speed int.o the city, it no\^r has 25
and 35 mph speed limits, why add 30 mph. City Attorney noted sometypographical errors to be corrected.
0n several of the contracts, wording making city additional insured
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has been deleted. City Attorney reviewed that 1n discussion with
cityrs insurance broker it was found that this type of insurance was
not available for professional liability insurance. Council requested
City Attorney check with other brokers to be sure, and add the phrase
if insurance is found to be avai-1ab1e.
0n the contract for Sludge Hauling with BMI, Councilman Pagliaro noted
that the contract doesntt say BMI will defend city in a 1aw suit; also
the phrase regarding negligent acts or omissions has been excluded.
City Attorney will have those inserted.
A11 items were
noted above.
left on Consent Calendar with changes and conditions
I INTRODUCTION OF ORDINANCE I2B3
CHANGES ON CAROLAN AND ROLLINS
_ MAKING PARK]NG AND SPEED LIMIT
NEAR TOYON DRIVE
2
,J
City Attorneyts memorandum of July 11 recornmended council
introduce thls ordinance in accordance with its recent decision
regarding parking and speed limits in subject area.
RESOLUTION 49_84 - AUTHORIZING
COUNTY HUMANE SOCIETY
ANIMAL CONTROL AGREEMENT I,\TITH
City Manager's memorandum of July 10 recommended council approve
the agreement with the county for animal control services and
shelter facilities. This would be a five year contract.
RES0LUTI0N 50-84 AUTH0RIZING AGREEMENT 14/ITH BFI
COMPACTTON AT CITY DUMP
FOR REFUSE
City Manager's
agreement with
compaction and
memorandum of July 11 recommended council approve
BFI to provide tractor and operator for refuse
cover operat j-on at city dump.
4 RESOLUTION 51_84 AUTHORIZING
CONVENT]ON & VISITORS BUREAU
AGREEMENT WITH SAN MATEO COUNTY
Clty Managerts memorandum of July 11 recommended council approve
the agreement with the Convention Bureau for promotional services
in the amount of 12.5 percent of the 1984-85 hotel tax, not to
exceed $ 180, 000
RESOLUTION 52_84 AUTHORIZING AGREEMENT FOR ENG]NEERING
CONSULTANT FOR SEWER FORCE MA]N FREEWAY CROSSING JOB 405
5
6
Associate Engineerfs memo of July 11 recommended council
the agreement with CH2M Hill for engineering services 1n
amount not to exceed $19,500.
approve
the
RESOLUTION 53_84 _ AUTHORIZ]NG
MARSTEN PUMP STATION - PROJECT
AGREEMENT FOR CONSULTING SERVICES
310
City Engineerrs memo of July 11 recommended council
contract with Barrett, Harris and Associates in the
$4, 700 for preliminary engineering.
approve
amount of
7 RESOLUT]ON 54_84 AUTHORIZING AGREEMENT FOR ENGINEER]NG SERVICES
FOR OAK GROVE STORM DRAIN PROJECT 4L4
City Engineerts memo of July 11 recommended council approve the
contract with Kavanagh Engineering in the amount of $26,330.
RESOLUTION 55_84 - AWARDING CONTRACT FOR
RECONSTRUCTlON PROJECT 24BA
ROLLINS ROADB
Public hlorks Directorrs memo of July 72 recommended
approve of awarding this job to hi.G. Lewis, Inc. of
for Bid Alternate 2 in the amount of $299,273.12.
council
San Carlos
9 RESOLUTION 56_84 - AUTHORIZING AGREEMENT FOR SLUDGE HAUL]NG
PROJECT 42L
Public Works Director's
authori-ze agreement and
Internat ional .
memo of July 11 recommended council
lease with Biosystems Management
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10.REQUEST FOR RECLASS]FICATION OF ONE POSITION OP PATROLMAN TO
SERGEANT
City Managerts memo of July 10 recommended this reclassification
in order to retain an excellant employee. Since the city plans
to i-ncrease the number of patrolmen, the normal ratio of
sergeants will also need to increase over the next few years.
1 1. WARRANTS AND PAYROLL
Finance Director recommended approval of h/arrants 21576 21938,
duly audited, in the amount of $1,346,232.23 and Payroll Checks
50948 57698 for June 1984 in the amount of $620,588.93.
Councilman Mangini moved approval of the Consent Calendar. Seconded
by Councilwoman Barton, carried unanimously by ro11 call vote.
OLD BUS]NESS S IDEWALK S
Councilman Mangini inquired if clty would be repairing sidewalk atPost 0ffice on Capuchino as i-t is in poor condition. Director of
Public Works stated it could be added if it is not scheduled, as city
will be working in that area.
APPROVAL OF AFSCME CONTRACT
City Manager noted
regular meeting to
that council
consider the
Councilrnan Martin moved approval
Seconded by Councilwoman Barton,
NEW BUSINESS SCHEDULE HEARINGS
had met in Closed Session before the
agreement with AFSCME.
of the contract with AFSCME.
carried unanimously by volce vote.
Mayor Amstrup noted council
before it, (1) denial of an
of request to remove a tree
requests for appeal hearings
to Ll2 Anlta Road and (2) denial
Ha1e.
had two
addition
at 2LO9
Hearings would normally be scheduled for
but Mayor Amstrup requesLed these people
counci-1 members would be present at that
request a different meetlng date.
the next meeting, August 6,
be informed that only three
meeti-ng and that they could
LIBRARY BOARD VACANCY
Mayor Amstrup appointed Councilman Pagliaro and Councilwoman Barton to
lnterview for this vacancy.
ACKN OWLEDGMENTS
Commission Minutes: Planning, July 9; Library Board, June 19;
Beautification, Park and Recreation, July 5, 1984.
1
2
3
4
5
Memo from City Manager concerning
first half of the year.
Fire Department Report for Second
Police Report - June L984.
Commissioner Attendance for the
Quarter of 1984.
Memo regarding appointment of Library Trustee to replace Barbara
Parsons.
6. Treasurer t s Report, June 30, 1984.
ADJOURNMENT
I
Judith A. Malfatti
City Clerk
Meeting was adjourned at 9:28 p.m