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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) -..--.*--..* --J L42 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. I tt F L43 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 { I {{{II i I L44 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 I rtI p Ir I45 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