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HomeMy WebLinkAboutMin - CC - 1984.09.17160 BURLINGAME, September CALIFORNI A t7, 7gB4 CALL TO ORDER A duly noti-ced, regular meeting of the Burlingame City Councilheld on the above date in the city Ha11 council Chambers. Thewas ca11ed to order at 8:05 p.m. by Mayor rrving s. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cub Scout Troop 70. ROLL CALL was meeting AMSTRUP, BARTON, MANGINI, MARTIN, PAGLlARO NONE Meeting of September 4, CITY REPRESENTATIVE COUNC I LMEMBERS COUNCI LMEMBERS MINUTES PRESENT: ABS ENT : Minutes of the Regular PRESENTAT]ON BY SISTER 1984 were approved. Tere Quist, Burlingamers representative to the Sister CityAssociation, told council of her recent visit to Cuernavaca,Burlingame's sister city, during a Slster City Convention. Shepresented a handpainted picture inscribed to the city from Cuernavacaand also presented council members with Sister City souvenirs. PUBLIC HEARING - CONSIDERATION OF LIMITING ACCESS ONTO FA]RFIELD ROAD Director of Public Works reviewed his memorandum of June 79, l9B4 in which he recommended councj-1 hold public hearing and direct staff. Residents on Fairfield were concerned about high speed of autos exiting El Camino onto Eairfield and the narrowness of the street. Traffic, Safety and Parking Commission reviewed and recommended not allowing right turn from E1 Camino onto Fairfield for a six-month trial period. Mayor Amstrup opened the pub11c hearing. Hank Sauer, 840 Fairfield, addressed council. He noted that the proposed change does not prevent northbound traffic, only that which comes from E1 Camino. He stated residents have trouble exiting their driveways due to the speed of cars coming off El Camino. Mayor Amstrup stated he drove down that street and there were a large number of cars parked on the street; he wondered where they came from. Sauer replied they are from apartment houses across B1 Camino. Speaking in opposition vicinity. He said the to the change was Mr. Hubert, barrier would lmpact traffic resi-dent in the Paloma. a on Mayor Amstrup closed the public hearing. Councilman Pagliaro thought street should be two lanes with speed limits of 15 miles per hour or one lane w*th 25 mph; concerned about impactj-ng other streets; residents are concerned about safety; great number of residents signed petition for this change. Mayor Amstrup expressed concerns that people would make u-turns in street in order to park on school side with the proposed change, concerned about unattractive nature of barricades. Councilman Mangini reviewed that the principal of the school was not in favor of the change, Paloma is also a narrow street, concern for studentsr safety. If this proposal is approved there should be a stop sign at end of Fairfield and no left turn allowed onto E1 Camino. Councilwoman Barton was concerned about creating another problem if council makes this changel of having another 0xford/Cambridge/E1 Camino problem. - i-i..:--r* 161 Councilman l"lartin revi-ewed the traffic surveys, sma1l number of vehicles that use street, intersection is not as bad as some others in city, change will create problems on Paloma and Palm. Parents and PTA have not expressed any concerns, although the principal has expressed a concern. Caltrans does not approve of the barricades. He could not go along with this proposal. Councilman Pagliaro said staff recommendation of making a temporary change is good idea; if it causes a problem it would be removed. The residents are concerned; we should give it a try. He moved to do so. Councilwoman Barton was concerned about people runni-ng barricades. Director of Public Works noted barricades reflector,jzed. int o would be I Councilman Martin wondered what the Police Departmentrs opinion was on the matter. Chief of Police replied he would like to see a no-1eft- turn sign onto El Camino from Fairfield. Councilman Pagliaro moved to prohibit access onto Fairfield from E1 Camino for a three month t.ria1 period, with addition of stop sign and no left turn slgn at corner of Fairfield onto E1 Camino. Seconded by Mayor Amstrup. Motion carried on ro11 call vote, Councilman Martin voting no. ORDINANCE 7285 ADOPTING UNIFORM CABLE, AND ESTABLISH]NG PENALT]ES CODES, ALLOWING NONMETALLTC SHEATHED FOR BUILD]NG CODE VIOLATIONS Director of Public !r/orks reviewed previous council action and discussion of allowlng nonmetallic sheathed cable for electrical installations. Burlingame and Daly City are only cities that do not al1ow this type installation. He recommeded city a11ow it in wood framed residential buildings with conditions noted 1n Building Inspectorrs memo of September 12, L984. If council approves, another section would be added to the adopted ordinance. Councilman Pagli-aro noted there were several other questlons raised at the last meeting. Director of Public Works reviewed requirements for gypsum wallboard use on exLerior wa11s and use of plastic pipe in city. City Attorney reviewed revisions suggested on building code violation penalties. He showed two alternatives, (1) double penalties for homeowners and ten times penalties for contractors or (2) baslng penalties on the valuation of building permit, being double for anything under $1,000 and ten times for anything over. He recommended the latter. Counci-1man Martin thought $1,000Public Works noted council could PUBL]C HEARING RESOLUTION THE LAND USE BLEMENT OF THE amount was rather sma11. Director of make it higher. 67 _84 APPROVING VARIOUS AMENDMENTS TO BURLINGAME GENERAL PLAN Mayor Amstrup opened hearing was closed. the public hearing. There being no comments, the Council discussed penalty fees further; gypsum board use; permit procedures; raislng tt.uptt on penalties; agreed to use attorneyts recommendation (2) for penalties. Councilman Pagli-aro moved adoption of 0RDINANCE L2B5 as recommended by staff including nonmetallic sheathed cable and penalties based upon valuation and with the exception of a $10,000 cap on penalties. Seconded by Councilman Mangini. Councilwoman Barton stated she felt the cutoff between two time fees and ten tlmes fees should begin at $2,000 rather than $1,000. Councilmen Pagl iaro and Mangini agreed to arnendi-ng their motion . Motion carried unanimously on ro11 call vote. Mayor Amstrup announced that council would hold separate public hearing on each area under consideration for amendment to the General Plan. City Planner reviewed her memorandum of September 13 in which j- t {{I i .'l II I i I I I '&e L62 she recommended counci-1 hold pub11c hearing and takeThe first amendment (Item "a") was requested for theand 731 Airport Boulevard. David Keyston requesEedland use designation from hotel to office. planning recommended it remain hotef. Mayor Amstrup opened the public hearing. Davj-d Keyston addressed council. He indicated he was not asking for achange in zoning, nor subdivisionl maps have already been fi1ed.Council has stated it would be flexible in use of the guidellnes forthis area. He di-d not believe office use would generate that muchmore traffic than restaurants or hotels. Buyer does not want atraffic allocation until the freeway connetion is bui1t. He requestedcouncil change the land use designatlon to a11ow office at this site. Councilman Mangini questioned Planni-ng Commissionfs concern aboutendangering dealings with Caltrans which was mentioned in minutes ofJune 11, 1984. Keyston thought this was just an assumption that couldnot be validated. City Planner reviewed that their concern was thatoffice had greater intensity of trafflc generation and since city hassti11 to deal with several State agencies over the freeway connectionand highway inprovemenLs a change from the traffic analyzer andincrease in density of use could affect these dealings. Counci-1man Mangini noted ABAG says Bay Area is overbuilding offices.Keyston said office overbuilding is short term and does not affectthis project since the developer will occupy it. Mayor Amstrup closed the public hearing. Councilwoman Barton said council had decided on a balance in that areaof public oriented businesses and offices. Hotels and resLaurants arepublic oriented, offices are not. City has a good balance; she would not want to change land use designati-on. Councilwoman Barton moved to uphold the Planning Commissionrs action that the land use deslgnatlon remain hotel at that site. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. The next amendment ( Item rrbrr ) was f or Calif ornia Drive f rontage between Bellevue and Floribunda. Clty Planner reviewed that Pierre Derouineau requested a change in the land use designation from high density residential to shopping and service commercial. Planning Commission vote was split on this request and was therefore a denial. Mayor Amstrup opened the public hearing. Lage Andersen, representing Derouineau, addressed council. He stated the land use would be served by changing the designation, several buildings are used as businesses and there are also multi-family residences there. Change would a11ow flexibility. He indicated several neighbors were present to speak in favor of the change. A1len Jones, 417 California; Carol Schmidt, 7ZLJ. Bellevue; Gerald 347 California; Genevieve h/yman of San Mateo; and Marie denDulk, Be11evue, all spoke in support of the change. Mayor Amstrup closed the pub11c hearing. Councilman Mangini moved to change the land use designation to Seconded by Councilmanshopping and service commercial as requested. Martin, carried on ro11 call vote, Councllman Pagliaro voting no. RECES S Fred F.y, r240 Mayor 9240 p Amstrup cal1ed a recess at 9:30 p.m. The meeting reconvened at m. with all members GENERAT, present. CONTINUE HEAR]NG ON PLAN AMENDMENTS Next amendment (Item rrcrr) to General Plan was to change the land use designation for the east side of Skyline between Trousdale and Frontera to 1ow density resj-dential. City Planner read a letter received today from Skyline Terrace owner requesting that the area be designated high density residential. action. land between 777 this change of the Commi s s ion 163 Clty Planner reviewed each conduct.ed public hearings Public comments were made 15 amendments and Mayor Amstrupof the next on each. on: Item t'j", changing land use designation to medi-um density residential. Don Curry, 730 Laurel, did not understand the procedure council was going through. Councilwoman Barton explained that counci-1 1s merely making zoning map and the General Plan agree with one another. Item rrlrr' land use designation for Sanchez between Capuchino and E1 Camino remain 1ow density residential. Mrs. Francis who had lived on Sanchez for many years wanted her zoning to remain R-2. She noted she was paying more taxes all these years for R-2 and felt council would be downgrading her property by zoning R-1. She said her property is surrounded by apartments. Don Curry, and another resldent of that area also requested that area remain R-2. Item ttqtt: land use deslgnation f or Rollins Road f rontage between Bloomfield and Victoria remain medium density residential. Bud Harrj-son, 376 Lexington, requested this area be zoned R-2. Council discussed which of these j-tems required rezoning. Councilman Martin moved to accept amendmentsttc through ttp. tt Seconded by Counci-lwoman Barton, voice vote. tt through rrktr and rrJrtr carrj-ed unanimously by Councilman Martin moved the land use designation be changed to density residential on Sanchez between Capuchino and E1 Caminott1"). Seconded by Councilman Manglni, carried unanimously byvote. med i um ( Item voice Councilwoman Barton moved to accept recommendation of Planning Commission for the west side of San Mateo Avenue north of Oak Grove to be changed to medium high density residential for that portion of area developed in multiple family residential and changed to shopping and service commercial f or those properties in commercial use ( Item tt*tt) . Seconded by Councilman Mangini, carried unanimously by voice vote. (Item "q") Rollins Road frontage between Bloomfield and Victoria. City Planner reviewed this area is currently zoned R-3 but is developed mostly in duplexes. Planning Commission recommended theland use designation be medium density residential or R-2. Councilwoman Barton noted this area need upgrading. She does not believe in down zon:.ng property. She moved to change the land usedesignation for that area to high density residenti-a1. Seconded by Councilman Martin. Motion failed on ro11 call Pagliaro voting no. vote, Councilmen Amstrup, Mangini and Councilman Pagllaro moved to uphold the Planning recommendation for area to remain medium density Seconded by Councilman Mangini. Motion carried on ro11 Martin voting no. call vote. Councilwoman Barton and Counci-lman Councilman Mangini then moved to adopt RESOLUTI0N 67-84 ApprovingVarious Amendments to the Land Use Element of the General Plan withattached Exhibits and maps and excluding items council did notapprove. Seconded by Councilman Pagliaro, carried unanimously by ro11call vote. RECES S Mayor 10:20 Amstrup declared with all members a recess at present. 10: 15 p . m. Meeting reconvened at Commisslon residential. j 1iI I ) 1 1 I L-- .- ---1.-LG - - rrdr ---L-^^4--.--r--r-w.J L64 PUBLTC HEAR]NG APPEAL OF DEN]AL FOR AUDIO/VIDEO RENTAL SERVICE IN HOLIDAY INN CROWN PLAZA 600 AIRPORT City Planner reviewed her memorandum of September 72 in which she recommended council hold public hearing and take action. McCune Audio/Yisual is requesting a use determinaLion j-n order to operate an audio/uisual rental business out of the Holiday Inn Crowne P7aza. It would serve patrons of that hotel as well as patrons of other hotels in the area. Zoning code a11ows retail sales and service in C-4 zone only when it is ttclearly incidental and accessory to the provision of lodging accommodation. tt Mayor Amstrup opened the public hearing. Joe Loftus, McCune Audio/Visua1, eXplained the need for this service in the hotel area. There are many meetings where AV services are needed in this convention orientated area. His business rents and sets up any audio/visual equipment needed for those meetings. A resident living at 1545 Floribunda spoke in favor. Mayor Amstrup closed the public hearing. Council discussed area in hotel where this business is Iocated, is it on a sleeping room f1oor, does it have a bathroom; could see the need for this type of equipment at hotel but business does not need to be located inside the hotel; don't want any equipment maintenance golng on in hotel. Councilwoman Barton moved t this business. Seconded by ro11 call vote. o uphold the Planning Commission denial for Councilman Mangini, carried unanimously by PUBLIC HEARING SECOND READING CONFORMING USES AND STRUCTURES ORDINANCE 1287 CONCERNING NON_ City Planner's memorandum of September 13 recommended council hold public hearing and take action. At council t s direction, this portion of the ci-ty code has been studied and revised. Council reviewed the proposed revisions at its AugusL 23 study meetlng. Mayor Amstrup opened hearing was closed. the public hearing. There being no comments, the Councilman Councilman Martin moved adoptlon of 0RDINANCE 7287. Seconded by Mangini, carried unanimously by ro11 call vote. PUBLIC HEARING - SECOND RBADING _ ORDINANCE 1286 TO CITY PLANNER TO APPROVE M]NOR MOD]F]CATIONS PROVIDING AUTHORITY City Planner reviewed her memorandum of September 11 in which she recommended councj-1 hold public hearing and take action. 0ver the past year the Planning Commission has been concerned about the long review time for projects wlth only minor code exceptions. This ordinance will a1low the City Planner to review minor projects, notify residents within 75 feet, and grant exceptions. The Commission would have the opportunity to review prior to finalization. Council noted it would also like opportunity to revi-ew these projects. Councilman Mangini moved adoption of ORDINANCE 7286 with addition of council review. Seconded by Councilwoman Barton, carried unanimously by ro11 call vote. PUBLIC HEAR]NG SECOND READING DISPLAYS ON PUBLICATIONS ORDINANCE 12BB PROHIB]T]NG CERTAIN City Attorney reviewed his memorandum of August 30 and recommended council hold public hearing and take action. During discussion of the proposed newsrack ordinance council determined to consider a ban on display of certain pornographic publications. This ordinance contains court approved language which controls what is displayed. Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. t> : t 165 Councilwoman Barton Councilman Mangini, moved adoption of ORDINANCE carried unanimously bY ro11 1 288. Seconded by ca1 1 vote . DISPLAY OF S EXUALLY EXPLICIT MATERIAL IN STORES Council requested change of agenda order to consider this report from City Attorney dated September 5 since it is similar to the above aAopted ordin.n.u. City Attorney had attached City of Pleasantonrs law regarding same. It contains the same language as the previous ordj-nance but is applied to material inside stores. It requires that those materials ru"t be either in anttadults onlyttarea or must be covered so that minors cannot see it. A survey of StoreS on Burlingame Avenue j-ndicates none are displaying materials which would violate this type of 1aw; however council may wish to consider it as a precautionary measure. Councilman Martin wondered if Playboy or Penthouse in this 1aw. City Attorney said if they displayed ltems on their covers they would be included. He could be enforced. would be included these restricted questioned how this Mayor Amstrup asked City Attorney to prepare an ordinance for council consideration. PUBLIC HEARING _ RESOLUT]ON 6B_84 PLAZA HOTEL 350 A]RPORT CBRTlFY]NG FINAL EIR FOR LEGASPI City Planner reviewed her memorandum of recommended council hold public hearing act on the resolution certifying same. September L2 in which she and review the document, then Mayor Amstrup Michael Rj-ce, document was opened the public ESA, representing present. Council hearing. the consulting firm which prepared the had no questions or comments. The hearing was closed. Councilman Councilman Mangini moved adoption of RESOLUTI0N 68-84. Seconded by Martin, carried unanimously on voice vote. PENINSULA HOSPITAL REGARDING PROPOSED HEL]COPTER SERVICELETTER FROM Council reviewed City Manager's memo of September 12 with attached letter from Charles Mason, President of Peninsula Hospital. Most council members had numerous questions and concerns; if helicopter is based there it would involve many takeoffs and landings;1s this just temporary arrangement, will it be based in San Carlos later; origlnal permit from city was for emergency landings; what type of helicopter are they using; can they keep track of number of flights and where to. Council determined this was a change 1n the hospital's use permlt and would require an amendment. Staff will notify hospital. LETTER FROM PAC]F1C CABLE TV REGARDING DEREGULATION Council acknowledged City Attorney's memorandum of September L2 and attached letter from Pacific Cable TV noticing city that it elects to exempt its rates, charges and rate structures from control by city as permitted by State 1aw. Deregulation would be effective as of 0ctober 1, 7984 following public notj-ce in newspaper Council had no comments. CONSENT CALENDAR 1. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 22439 22755, duly audited, in the amount of $866,004.55 and Payroll Checks 5245L - 53774 for the month of August 1984 in the amount of $617 ,487 .94. I i I{ titI tj I { {I 166 2 POR RETA]NING WALL AND DRIVEWAY CURB City Engineer t s memorandum of September l2 recommended councilgrant this encroachment permit to install an 18 inch retainingwa11 and an 18 foot driveway curb opening in right-of-way. 3. SPECIAL ENCROACHMENT PERMIT FOR RETA]N]NG WALL AT 1334 BENITO SPEC I AL AT 2772 ENCROACHMENT PERMIT BROADWAY Clty Engineer's memorandum of September 13approve this encroachment permit to a11ow wa11 17 inches into the right-of-way. recommended council a 30 inch retaining 4. APPROVAL OF COMPENSATION PLANS FOR MANAGEMENT: POLICE AND FIRE ADMINI STRATORS DEPARTMENT HEADS AND UNREPRESENTED EMPLOYEES City Managerts memorandum of September 7 recommended councj-1approve these agreements which are i-n accordance with councilauthorization and fo11ow closely previously approved settlements. 5 RESOLUTI ON COOPERAT IVE 69-84 _ AUTHORIZING RENEWAL OF CONTRACT W]TH STATE PERSONNEL BOARD FOR EXAMINATION SERV]CES Councilwoman Barton stated candidates for the Library the next meeting. she and Councilman Pagliaro had interviewed Board and would have a recommendation at OLD BUS]NESS _ ADELINE MARKET In answer to Commissionts Councilman Mangini, City action regarding Adeline Planner report.ed on Planning Market; it is proceeding. NE14/ BUSINESS LABOR AGREEMENT FOR POLICE DISPATCHERS City Managerts memo of reached with the Police agreements. September 13 Dispatchers indicated an agreement which closely follows had been previous Councilman Pagliaro moved .pproval of this agreement. Seconded by Councilwoman Barton, carried unanimously by voice voLe. COUNCIL REVIEW OF HYATT HOTEL PLANS Councilman Pagliaro requested council review of the proposed Hyatt Regency Hote1. Councllman Pagliaro inquired why city hires a lawyer for these hearings as indicated in Civil Service minutes. City Attorney noted this lawyer is to advi-se the commission while the City Attorney is represenLing Lhe city. This usually occurs about once a year for employee dismissal cases. LEAGUE OF CAL]FORNlA CITIES Council reviewed some of the issues annual convention. Council members Martin if they have any comments as which will be voted upon at the will get in touch with Councilman he is attending this convention. request that council 1aw whi ch rvi 11 LAW SUITS AGAINST AIRPORT FOR NOISE Councilwoman Barton mentioned she had received a write a letter in opposition to a proposed state preclude 1aw suits agalnst airports. Administrative Assistant-Personnelts memo of September 12 recommended council adopt resolution for these services withstate for a three year period. Councilman Mangini moved approval of the Consent Calendar. Secondedby Councilman Mart.in, carried unanimously by voice vote. OLD BUSINESS - LIBRARY BOARD C]V]L SERVICE HEAR]NG LAWYER L67 i I l Mayor Amstrup asked council members to write individually if they wi shed . ACKNOWLE DGMENTS 1. Commission Minutes: Park, Recreation and Beautification , September 7; Planning, September 11; Civil Service, July 10 and August 7 , L984. 2, Proclamation: Lions' White Cane Days, 0ctober 5 and 6, 1984. 3. Proclamation: Traffic Safety ldeek, 0ctober 74-20, 1984. 4. Proclamation: Consti-tution Week, September 17 -23, J.984. 5. Letters from cltizens regarding the ttoil treatment and sanding of streets'r City Project 42O and responses from the City Engineer. Mayor Amstrup conplimented City Engineer on those responses. 6. Letter from citizen on Adeline requesting a stop sign. 7 , Police Report, August 1984. B. Treasurer t s Report, August 31, 1984. ADJOURNMENT Meeting was regularly adjourned at 11 :10 p. m ,vkl/tu Judith A. Malfatti City Clerk I I 1 I { l 1 I I I I l I 1I I 1 I I -.1 i 1