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HomeMy WebLinkAboutMin - CC - 1980.07.077L BURLINGAME, JuIy 7, CALIFORNIA 1980 CALL TO ORDER A regularthe abovecalled to executive 7:30. meeting of the Burlingame City Council was held ondate in the City HalI Council Chambers. Meeting wasorder at 8:20 P.tI. by Mayor R. D. Martin, after an sessj-on dealing with labor negotiations- starting at The and PLEDGE OF ALLEGIANCE TO THE FLAG Led by John R. Yost, City Planner. ROLL CALL COUNCTL MEMBERS PRESENT: AMSTRUP,BARTON,MANGINI,MARTIN COUNCIL MEMBERS ABSEIIT: CROSBY (EXCUSED, VACATTON) MINUTES minutes of the regular meeting of June L6, 1980 were approved adopted. ORDINANCE HEARING 1. ORDINANCE NO. 1186 ''LIMITTNG STORAGE OF TRAILERS, VEHICLES, IN SETBACKS AND YARDS OF RESIDENTIAL ZONES.''BOATS AND CAMPERS Mayor Martin announced. consideration of this item out of agenda order because of interest of number of people in audience. He acknowledged receipt of petition signed by manlz citizens asking consideration of this ordinance be delayed for 90 days because present date was unfair to people most affected rvho would be out of town during the holiday weekend. He questioned audience if there v/€re any objections to oostponement. There were no objectionsi however, one person noted there were tvro petitions: one asking for dropping of proposed ordinance, and the other askj-ng for postponement in the event this is not done. Mayor Martin noted that the ordinance m.ust go through a public hearing; and with consent of iouncil, postponed this hearing until September 15, 1980. He asked that City Clerk notify representatives of petitioners of this meeting date, and they in turn can notify all who are interested. HEARINGS 1. PROPOSED USE OF REVENUE SHARING Finance Director outlined regulations, detailed in his memo of June20, 1980 and indicated proposed city uses and one public request governing Revenue Sharing funds. Tonightrs hearing, for public re- quests and comment, is one requirement although Council will delayaction on reguests until final adoption of the budget. Mayor Martin opened public hearing. Gloria Fo1ey, Lzl-l- Cortez Avenue, outlined tentative neighborhood plans for a community center at Roosevelt School. Financial needs are presently.unstructured, and hence no-definite dol]ar am-ount E80rBeuEefiBAEE6fl ' .ru$9w2Y9rr gB oTorfia9BFcirS*€iHrE0EEEattEtss could be on the agenda of the Ju11z 21 Council meeting. Debbie Fries, 1739 Lexington Avenue, San Mateo, was first speaker on reguest for funds by the Center for Independence of the Disabled, Belmont. She spoke of her pride in beinq able to work at the Center J 72 2 in spite of her disability, and improvement in job skills. Carol Enns, 185 Carmel Avenue, Pacifica, staff member of CID, stated that half of professionaf and clericaf staff is disabled. She detailed services of CID with its emphasis on peer counseling and work toward financial independence of clients rather than merely physical rehabilitation, Resuest for $4,000, from an anticipated Revenue Sharing contributj-on from cities of $65,950,is based on percentage of Burlingame clients served by CID during the second quarter of 1980. !4ayor Martin noted that $1,070 had been given the Center last year with the understandinq this was a one time reguest and would be seed money for grants. Ms. Enns replied thei:: service program has been greatly expanded, and other funil raising activities are being explored since Revenue Sharing is not a good continuingsource. To another Council question, she noted CID will not receive an allocation from the County. Public hearing was declared closed. Mayor Martin noted these re-guests will be considered at time of budget adoption. VARIANCE TO ESTABLISH A 3,295 EDGEHILL DRIVE SF LOT I^IITH 41 ' FRONTAGE ON City Planner reviewed his memo of 7/7/80 which, with attachnents,detailed the progress of this application. Planning Comrnission had denied on the basis that it did not neet the requirements ofthe code for granting a variance, and with concern about substandardfots. Ownerrs proposal to subdivide one 80' x 95 ' 1ot would resultin two substandard parcels, one 41'x 80, area 3,295 SF; and theother 54'x 80, area 4,320 SF. Citlz Planner noted that 4l-' tot would match the existing pattern of the neighborhood, most of which has 40 - 41r frontage lots resulting from 1911 subdivision. Also,creation of new R-1 1ot would allow for another dwelIing. PubIic hearj-ng was decfared open. Stephen Kircher, 841 Fairfj-eld Road, addressed Council on following concerns of Planning Commission: 1. Are requirements for variance met? - Exceptional circumstances - 1911 subdivision. Preservation of property right of owner - property bought with intention of subdivision. Riqhts of other property o\r/ners - neighborgood aporoves his p1ans. City zoninq r:Ian - Sub-division will add to R-1 housing stock of City. 2. Is 4lr lot consistent with neighborhood lots? Most lots in neighborhood are 40' - 4l' wide. 3. Is substandard size of LoL, 3,295 moving onto this lot a house that has which is approxinately 708 of maxirnum SF reasonable? He will be a footprint of about 1,000 a11owab1e for standard lot CF 4. How would new house on this property affect neighborhood? Neiqhbors agree it would be a benefit and would add to R-I neighborhood. Neighbors speaking in favor of this variance were: James Hamrock, 852 Fairfield, and H. Bruun, 1408 Edgehill. There were no comments against and the public hearing was declared closed. After brief questj-oning Council concurred reasonable request. grantinq of variance a Councilman Mangini moved variance be granted with the condition that the footprint of the house on the 3,295 SF 1ot be a maximum of 1,100 sF, and with the findings that conditions for a variance are met for extraordinary circumstances and property 1oss, preservation of property right of owner, no detriment to public health, safetv and we]fare or rights of other property owners, and grantinq u:i]l improve t l 73 rather than adverselv affect the comprehensive zoningthe City. Second by Councilwoman Barton, carried onro11 call vote, Councilman Crosby absent. plan of unan imous 3. ABANDONMENT OE EXISTING UTILITY EASEMENT RESOLUTION NO. 41-80 "ORDERING VACATION OF PUBLIC UTILITY - PORTIONS OF LOTS 28 AND 29, BLOCK 6, EASTON TO BURLINGAI(E, AND APPROVING PARCEL MAP RESUB- SAID LOTS . II Director of Public Works reviewed his memo of 7/2/80 which de-tailed why easement abandonment was necessary for the constructionof a condominium at this site. He noted that PGE and Pacific Telephone are satj-sfj-ed with the abandonment, and that an adjacentproperty owner, who had been using a portion of the easement, is cognizant. Mayor Martj-n opened public hearing. There were no comments, and the public hearing $ras declared closed. EASEMENT ADDI TION DlVI DI NG RESOLUTTON NO. 41-80 was introduced by Councilman t4angini second. by Councilman Amstrup, carried who onmoved its unanimou s adoption, ro11 call vote, Councilman Crosby absent. 4. APPLICATION OF CHIN SOK SO, DBA LUXOR CAB COMPANY, SAN MATEO, FOR TIIREE PERMITS TO OPERATE TAXICABS IN THE CITY OF BUR],II\,IGAME City Attorney revj-ewed requirements for permits to operate by taxicabs companies. Mayor Martin opened public hearing. Chin Sok So, owner of Luxor Cab in San Mateo, adilresseil Council. He reviewed his past record in that city, and said he needed these permits to operate in Burlingame because his company recej-ved about 20 calls a day from people in Burlingame to serve them. These ca1ls must be refused because he has no permits. Council questioned So about his vehicles. He stated he used t7O-74 cars for economy because later models used unleaded gas. Don Spencer, Burlingame Chamber of Conmerce, questioned limitation of permits. He was informed there was none. oliver Nordby, owner of Yellow Cab, San Mateo, protested a]lowance of another cab company in Burlingame, stating that Ye11ow Cab gave good service. Upon Council questions, he confirmed that he had 14 permits here and Towne Taxi had 3. Police Chief confirmed that the Rockwell taxi meters used by Mr. So, are satisfactory. Curtis Pruitt, driver forhurt Yellow Cab driver in Burlingame, Yellow Cab, thought this permit would that there was not enough business in Robert Zilson, dispatcher for Luxor 'Cab, San Mateo, stated he could furnish addresses for the last three weeks for 20 ca1Is a day from Burlingame, and he considered Yellow Cab was not giving complete service. There were no further colunents and public hearing \,ras declared closed. RESOLUTION NO. 42-80 "RESOLUTION OF PUBLIC CONVENIENCE AND NECESSITY - LUXOR CAB COI4PANY " was introduced by Councilman Amstrup who moved its adoption, second by Councilman Mangini, carried on unanimous roII call vote, Councj-lman Crosby absent. CIVIL SERVICE COMMISSIO}I FINDINGS, CONCLUSION, PROPOSED DECISION RE DISMISSAL OF CESARE SACCUMAN. After some discussion, Council agreed to grant Luxor Cab three permits for a period of six months. ?4 City Attorney told Council that Mr. Saccuman had requested a closedhearing. Mayor Martin, with consent of Union representative George Popyack, announced this hearing would be held at the close of theregular meeting. CORRES PONDENCE 1. LETTER OF RESIGNATION FROM JULES (BOOTS) ERANCARD. Letter of June 18, 1980 from Jules Francard announced his resiq-nation from the Planning Commission. Mayor Martin directed City Manager to send Mr. Francard the Councilrs thanks for his yearsof service. Mayor Martin then read memo of July 7, l-980 from park Directorcontaining the Beautification Commission,s recommendation that theCity Council recognize Jules Francard for service to the communityby naming a tree or trees in his honor. Suggested were theeucalyptus on EI Camino or grove of young live oaks in l4i11s Canyon.Council discussedand decided that the Mil1s Canyon grove should be chosed and designated "Ju1es Francard crove", since the EI Caminotrees belong to the State. Mayor Martin directed that a permanent marker be placed in the grove. 2. PAUL DAVIS, PRESIDENT, SISTER CITY ASSOCIATION, BURLINGAME, REQUEST TO FUND DELEGATES AT TAXCO CONFERENCE. Mr. Davis reviewed his letter of June 25, l98O requesting Citycontribution of six delegate registrations to this conference at $70.00 each, and gifts to President of Cuernavaca, Chairman ofSister City Association, and Director of Rehabifitation Center. He pointed out the committee would be taking their own gifts tothe Chifdren's Rehabilitation Center. A.C. "Bud" Harrison added that negotiations are going on to get and repair a bus for presentation to the Rehabilitation Center, Council discussed, with Councifwoman Barton commenting Councj-Ishould either support the Assocj-atj-on or forget it, and Council- man Amstrup suggesting that money for the Rehabifitation Center woufd be more appropriate than gifts to officials. Council at l-ength agreed, and Mayor Martin so ordered that $420.00 be appropriated to pay for registration fees for sixdelegates, and that the City Manager use the sum of 950.00 topay for appropriate official gifts. 3. AFSCME LOCAL 2190 APPEALING CIVIL SERVICE RE PROMOTIONAL EXAMINATION, PARKS MAINTENANCE COI,IM] SSION DECISION LEADI^IORKER George Popyack appealed this Civil Service Commission decision to have an open examination for this position rather than promotional, on the grounds that the City has made a coruni-tment in its Civil Service Rules and Regulations which states, "Insofar as practicable afI vacancies in hiqher positions sha1l be filled by pro- motion from within and specified that the test given in-ternally be the same as the one given in an open exam. He pointed out that several Park people have already been actingin the capacity of lead worker, and many in the Park Department woufd be eligible for the test. Mr. Popyack emphasized the im-portance of employee morale and incentj-ve. Stephen Kinzie, Park Department, told Council he had acted in thecapacities of lead worker and was quafified, adding he had taken4 years of night courses i-n Park work. He urged Council to have closed promotional examination because of people in the department who are welI qualified. John Chilcott, Union Shop Steward, department have qualifications for confirmed several peopl-e this position, including in thehinself, 75 and are required on a temporary basis to fulfiIl the iluties. He urged that people within the department be given the in-centive of a closed promotional examination. In response to question from l4ayor Martin, City Manager qavehis opinion that the Civil Service Commission had the dis-cretion in this matter; and unless there is a fLagrant violationof the rules and regulations, they should be upheld by the Council. He stated there is no evidence of violation in this case, and the Commission decision does not preclude any employee from applying. City Attorney noted that the department head had favored an openexamination and would not have done so had he not thought there was a real- need. I{r. Popyack objected to this rationale. Council discussed. City l4anager, firmed that preference is given are on an eligible 1ist. response to questions, con-current employees when they l-n to Councilman Mangini moved the decision of the Civil Service Commission be sustained, second by Councilman Amstrup, carried unanimously, Councilman Crosby absent. After a short recess at 10:00 P.M., the meeting reconvened. INTRODUCT I ONS Director of Enqineer. Public works introduced Frank Erbacher, new City BURLINGAME ART COUNCIL Mayor Martin acknowledged receipt of letter of June Marie M. Teixeira, 1601 Granada Drive, reporting onreactivation of Burlingame Arts Council and pending of that group to obtain seed money for State grant. 24, 1980 from possible pre sentati on POL]CE BUDGET Councilwoman Barton reviewed her memo to Councif reporting on Po1ice Department budget, She recornmended operating budget with exception of request for four additional police officers suggesting that one new officer be approved at this time for additional coverage. She approved capital requests for seven new patrol cars, P.S.E. recorder, and money for Family Outreach for Counsefing and Youth Services. She noted decrease in budgets for Communications and Parking. For benefit of audience, Budget Chairman Amstrup listed budget items to be discussed at study meeting of July 9, and suggested thepossibility of budget hearing the first part of August. CONSENT CALENDAR 1. WORKERS I COMPENSATION ADMINISTRATION. Memo of June 24, 1980 from City Attorney recommended renewal of workers' Compensation administration contract with Gates McDonald at current amount of $6,000 per year. 2. EAGLE SCOUT PROJECT: CLEANING OF SHOREBIRD SANCTUARY Memo of June 18, 1980 recommended this project proposed by Eagle ScElt applicant Bob Disco and described in his attached letter of June 9, 1980. Park Department cooperation would be offered. 3. CHANGE IN PARKING TIME LIMITS, BROADhIAY AREA '---l RECES S Don Spencer, Chamber of Commerce, introduced Terry st. Charles, new executive vice presialent of the Chamber. 76 Memo of June 23, 1980 from Director of Public lalorks noted successful trj-al period of allowing all day parking on certain two-hour parking zones of Chula Vista, Laguna, Paloma, Capuchino,Rhinette, Juanita and Carmelita, and followed Traffic, Safety, Parking Commissions recommendation that this be made permanent.City Managerrs notation of JuIy 2, 1980 concur::ed. 4. PARKING RESTRICTION, BROADWAY EL CAMINO TO CALIFORNIA DRIVE Memo of June 77 , 1980 from Director of Public Inlorks recommended no parking 4 A.M. to 6 A.M. restrictions on Broadway in order tofacilitate street sweeping. City Manager's erhdorsement of July2, 1980 concurred. 5. PARKING RESTRICTIONS BURLINGA]VIE PLAZA FRONTAGE ROAD Memo of June 17, 1980 from Director of Public $7orks recommendeda restriction of no parking from 2 A.M. to 6 A.M. for Burlingame Plaza Frontage Road because of complaints of extended parking of commercial vehicles. City lt4anager concurred. in note of June 30 , 1980. 6. ENCROACHMENT PERI4IT, l2l3 DRAKE AVENUE Assistant City Engineer's memo of June 30, 1980 recommended this revocable encroachment permit at this address for instal-lationof a fence on condition the fence comply with height limitations. Endorsement of July 2, 1980 from City Manager concurred.. 7. LIABILITY CLAIMS JUDY C. FLEMING AND RON ROSENBERG City Attorney's these claims on Memos of June 26, 1980 recommended denial ofthe basis of no City liability. B. RESOLUTION NO. 43-80 ''ACCEPTING REROOFING THE MAIN LIBRARY. " Councilman Mangini moved acceptance of consent calendar, second by Councilwoman Barton, carried unanimously. ORDI}IANCES SECOND READING HEARING Mayor Martin opened joint public hearing on all of the following ordinances: 1. ORDINANCE NO. 1182 "ADDING CHAPTER 25.56 THE RENTAL OR TO THE BURLINGAME LEASE OF VACANTMUNIC]PAL CODE TO REGULATE SCHOOL PROPERTIES. '' 2. ORDINANCE NO. 1183 ''ESTABLISHING MINTMUM DIMENSIONS FOR PARKTNG SPACES, AISLES AND DRIVEI^7AYS . '' In response to audience question, City Planner explained the reason for this ordinance was difficulties with basement parking in many recent applicatj-ons for condominiurns. 3 ORDINANCE NO. 1184 "ESTABLISHING BA}IKS, SAVIIJGS ffiANIES AS CONDITIOI\AL USES IN ZONES. ,' AND LOANS COMMERCIAL City Planner ments from a use. commented permitted this ordinance merely moves these establish- use in commercial zones to a conditional 4. ORDINANCE NO. 1185 "ESTABLISHING STANDARDS FOR SI^]IMMING POOLS, HOT TUBS AND SPAS. '' In response to question City Attorney noted that this ordinance, amorntother modifications, lifts the restrictions on hot tubs and spas as to distance from dweIling. Public hearing was then declared closed, and ordinances 7182, 1183, 1184 and 1185 passed their second reading and were adopted on motion of Councilman Amstrup, second by Councilman Mangini, carried unanimously on ro11 call vote, Councilman Crosby absent. L ,-.ffi NEVJ BUSINESS 1. AUCTION PERMIT, LION LEASING COMPANY,ROSLYN, PENNSYLVANIA Letter of June 28, 1980 from Lion Leasinq Company,82, Roslyn, Pennsylvania made application for one be held at the Airport Marina Hotel on Wednesday,of 8:30 A.M. to 2:00 P.M. Bond and inventory \,rerewith their letter of July 1, 1980. P. O. Box day auction to July 16, hours transmi tted 2. re he Councilman Mangini moved approval of the auction permit, by Councilwoman Barton, carried unanimously, Councilman absent. second Cro s by ACKNOWLEDGMENTS f. Letter of July 1, 1980 from Arthur Samuel, 125 Primrose Roadre Munkdale application for condominium. Letter of June 23, 1980 from Rudy Rausch, Manager water and sewer charges. Director of Publ j,c Worksis reponding to Mr, Rausch. Sheraton Inn, told Council 4. Report of June f3, 1980 from City Attorney on Supreme Court's decisions in down-zoning. 6, Report for June, 1980 from san Mateo County Convention &Visitors Bureau. 7 . Letter of June 24, 1980 from Pauline Drive, commending Jerry Taylor and. James and Sewer Department for their service. Hayward, 2331 Hutchcraft of Poppy the Street 8. Letter of June 24, 1980 from J. M. Higgs, Midalleton, Wisconsin, commending City Planner Helen Towber for their services. 6648 Colurnbus Drive, and zoning aide Mayor Martin asked that Council's appreciatj-on be conveyed toall four of these employees. 9. Information on Cable television seminar for suburban andrural communitj-es, City Manager told Council he would have final program from Cable T.V. Consultant by next Council meeting. l-0. Minutes: Beautification Commission, June 5; Library Boardf June I7i Park & Recreation Commission June f9; Planning Cornmission, June 23i Traffic, Safety,Parking Commission, Junet2, 1980. ADJOURNMENT Council adjourned to executive session at 10:30 P.M C r .-/-,/ (-.-t1,7--,o- :/ '1 1(EVelyn yi'Hil1 City CIerk -'r 77 Report of July 7, 1980 from Burlingame Police Services Bureaustated no negatives could be developed on this operation and recommended approval. 5. Report of July 2, 1980 from Director of Public Works oncontrol of erosion and surface runoff. 3. Report of July 2, 1980 from City }4anager on efforts of San Mateo County Mosquito Abatement District.