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.
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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
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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.
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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.
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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.
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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
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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
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