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HomeMy WebLinkAboutMin - CC - 1979.06.18372 BURLINGAI\,IE, CALIFORNIA June 18, 1979 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City HaIl Council- Chambers. Meeting was ca11ed to order at B:09 P.M. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIA,NCE TO THE FLAG Led by Charles F. Schwalm, City Manager. ROLL CALL COUNCIL MEMBERS COUNCIL MEMBERS }4INUTES PRESENT: ABSENT: AMSTRUP, BARTON, MANGINI (Excused, CROSBY, MARTIN vacation) The minutes of the regular meeting of June 4, and the study and adjourned regular meeting of June 6, 1979 were approved and adopted. HEARING 1. REQUEST FOR REMOVAL OF 18'HEIGHT LIMIT, LOT L, MILLS CANYON COURT BY MR. SHOWKI K. JADALLAH, OWNER Mr. Jadallahrs communication of June 11, L979 requested this hearing be rescheduled for Council meeti-ng of July 2, L979. had no objection and Mayor Amstrup so ordered. Council CORRESPONDENCE JA}.TES E. BLACK, SUPERINTENDENT, SALE OF PERSHING SCHOOL LOTS. BURLINGAME SCHOOL DISTRICT RE This item considered out of agenda order because of large number of people in audience interested. Mayor Amstrup read in ful1 letter of June 12, L979 from James E. Black, Superintendent, Burlingame School Dj-strict, announcing Schoo1 Board's interest in pursuing sale of lots with Burlingame City Council's representatives and the appointment of Mr. Herman Fitzgerald and Dr. Donald Kay as representatives to meet with the City. Mayor Amstrup announced School Board's price of approximatellz $85,000 per lot, and Cityrs intention to discuss with the School Board. Ms. Carol Clark, L543 Cypress, presented Council with an additionalpetition, containj-ng 200 signatures, asking City to buy lots for plalzground. She went on to read statement from Heather Sterner, 1561 Ralston, suggesting methods of City purchase. Mrs. Dorothy Cusick, former Councilwoman, l7L6 Ralston, thanked Council for their decision to meet with School Board, and emphasized need for playground. She suggested sale of unused City-owned lots to finance purchase, and stated it was not necessary to improve these two lots - merely leave them fenced and asphalted. Mayor Amstrup announced his appointment of Councilwoman Barton and Councilman Crosby as a connrnittee to meet with Dr. Kay and Mr. Fitzgerald, with a report back to Council. Council-man Martin noted the probable effect of the Gann amendment Dry,O'D and asked that interestedIot maintenance. group suggest how City can pay cost of Mr. Edw. Larios, 1536 Barroilhet, urged this purchase for youngsters even if City must sacrifice. Mr. Ed Taylor, 701 Burlingame Avenue, suggested lots could be maj-ntained by volunteer labor. Mayor Amstrup stated report of committee to Council would receive advance publicity. PRESENTATION 1. MR. HUGH PAGE, TREASURER, CTA CREDIT UNION: SIDEWALK OBSTRUCTIONS, }4AGNOLIA AVENUE Letter of June 6, 1979 from Mr. Ilugh Page, Tlreasurer, California Teachers' Association, 1825 Magnolia Avenue, stated the Association's concerns with the deplorable condition of sidewal-ks on Magnolia Avenue because of use as permanent storage areas by Petrini's and Longs. Mr. Page addressed Council citing ordinance prohibiting blockage of sidewalks. He said debris bins are on Magnolia a1so, one of which takes up one of the premanent parking places. They are an attractive nuisance and a hazard. Debris on sidewal-ks constitutes a health hazard and vehicles block the street. Area merchants have given up on this long-Iasting situation, and he urged definite Cit.y action. Council discussed at length, considering warnings and/or punitive action. It was decided the Pol-ice Department should immediately start citation program against blockage of the street; and the City Attorney should obtain injunction for health hazard on the state of the sidewalks. HEARING APPEALS OF SPECIAL AVBNUE AND SPECIAL CAROLAN AVENUE PERMIT TO ARATA PONTIAC,/HONDA AT PERMIT TO MIKE HARVEY OLDSMOBILE 1016 CAROLAN AT IOOB Mayor Amstrup announced there would be separate hearings on each of these two appeals. Council-man Martin stated he would not participate in either hearing because of possible conflict of interest. Appeal on Arata Pontiac Honda: Special Permit to erate an au S ac a Caro an nue: Assistant City Planner rev s memo o June 18, L979 which detailed progress of this special permit application to its approval by the Planning Commj-ssion witfr five conditions. Citizens group had appealed this special permit. Mayor Amstrup opened public hearing on this appeal. Following citizens spoke noise from loudspeakers: in opposit:-on, both objecting to potential SoI Bechtold, 1010 Toyon Goldie Farley, 1015 Toyon Council discussed with David Arata and his attorney, Paul Kelly, different methods of eliminating this noise. Mr. Arata at length stated there was no necessity for an outside paging system. Mr. Roy driving rvould be Damonte, 1001 Toyon, \{as concerned about parking, test on Toyon, and car carriers. Mr. Kelly informed Council no car carriers at this location cars are received at there San rwtr@FlI'.n .ArAr}l-, _ rJdbl!&-*, au- d S'O AD't Mateo site on woodside way. There is access onto carolan fromthe site, and no necessity to use Toyon for testing. In re-sponse to Council question he responded they definitely would beencouraged to test cars on North Carolan. He stated his clientagreed to conditions regarding no auto carriers and no outsidecall system. Councilman Crosby moved that Planning Commission action on thisspecial permit be upheld subject to five condi-tions of PlanningCommission and in addition the conditions that there be no loadingor unl-oading of vehicles from auto transports at this locationand that an outside pagj-ng system not be used. second by Council-woman Barton, carried on unanimous ro11 ca1l vote, councilmanMangini absent, Councilman Martin abstaining. Appeal on l.Iike Harvey Oldsmobite:Special permit to operate a ty anner rev F ort l_on o f his memo of June 18, 1979 whichdeals with this special i-,ermit approved by Planning Commission butexcluding the body shop. Appea 1 is by Mike Harvey Otdsmobile.Assistant City planner read co nditions of this a pproval, and statedthat Mike Harvey had met with area calleviate their concerns about thishis letter of June 14, 1979 to the C Mayor Amstrup opened public hearing. itizens in an attempt toproject. This is reviewed inity Council. Mr. Michael R. Harvey addressed council. He reported on hismeeting with area citizens, stating their main concerns had beennoise from the body shop and fumes from the paint shop. To mitigatethese problems, painting would be done in booths as required byOSHA, the paint booths would be placed on the East portion of lfre bodyshop next to the residentlal area to buffer noise. Also as a noisebuffer he would erect a 100' long cinder block wa11 8 ' high on theresidential- side. Landscaping would be placed there as a furtherbuffer. He guaranteed that there would be no off roading oftrucks at that site, and there wourd not be a paging sysfem eitheron Carolan or Rollins Road. He would agree to restiiclion of theuse of Toyon. tfr. following_citizens spoke J-n opposition to the project, statingthe wall should be longer, should be higher, the aiea- should havebeen rezoned to residential, residents had received insufficientnotice of property sa1e, businesses such as Teevan painting alreadyharass neighborhood by traffic, noise and clutter: Sol Bechtold, 1010 Toyon Roy Damonte, 1001 ToyonUnidentified woman, area resident Mary Crocker, l02J- ToyonGoldie Farley, 1016 Toyon At conclusion of public hearing, Mr. Harvey reiterated his desireto cooperate with the neighborhood, and stated his present bodyshop on California Drive is not practical because it is too smattand difficult to control- Tlere were no further closed.comments, and the public hearing was declared council questioned Mr. Harvey closely on proposal details. Heassured them that if the noise was unacceptable after the bodyshop was in, he would rectify. He noted that possibly theneighborhood j-s anticipating something that will not Lake placethat the noise will not be a problem. He added the presenl bodyshop which backs up to residential property has not caused a problem.At request of Council- he pointed out the exact map location of thewal1. Councilwoman Barton with the first five this special permit be approvedof the Planning Commission and with moved that conditions r i//-Ll! -u&&xiLa,gl.'!a cl..r;t^J.- 375 the 6. 7. B. o following that the on-site that an , that the that from side conditions pertaining to the body shop: six months to assessspecial permit be reviewed in noise conditions; outside paging system not be used; easterly rear door remain sealed; a cement block waIl be erected, 100' the easterly corner of the body shop property line toward Rollins Road; long and building B' high, along the 10. 11. that the paint booth be located within the easterly half of the building to act as a buffer between the body shop and the adjacent single family homes; that additional landscaping be installed along the easterly property line to screen the residential areai 12. that l,like Harvey take every ef fort vehicles bY his emPloYees on ToYon to prevent the testing of Drive 13. that there be no loading or unloading of vehicles from auto transports at this location. Councilman Crosby seconded the motion, carried on unanimous ro11 call vote, Councilman Mangini absent, Councilman Martin abstaining. RECESS A short recess was declared at 10:00 P.M. after which the meeting reconvened. CORRESPONDENCE 1. INTERNATIONAL ASSOCIATTON OF RETROACTIVE PAY. FrRE FTGHTERS, LOCAL lB72 RE Letter of June I0, L979 from International Association of Fire Fighters, Local No. L872, requested pay raise retroactive to JuIy l, LTTB because of the recent declaration by the State Supreme Court that the State surplus contingency 1aw governing L978 pay raises was unconstitutional. Mayor Amstrup noted City Attorney's recoflrmendation that the Union meet and confer with the City Manager on this item, So ordered. AI.'IUSEMENT LICENSE RENEWALS 1. ELECTRONIC GAMES AT RI}4RIDER SKATE PARK Report of June 7, l-979 from Services Bureau of Department stated this use had not caused any merrded renewal of amusement license. Burlingame PoIice problem and recom- Councilwoman Barton moved this amusement license be renewed for one year, second by Councj-Iman Crosby, all aye vote of members present. 2. ? DISCO,1316 BROADWAY Report of June 12, lgTg frorn Police Services Bureau stated the business seems to be well run at this time and management was cooperative. It was recommended permit be issued for one year, 6 months if business returns to use of alcohol. Councilman Crosby moved amusement license be renewed for one year, six months if buiiness returns to the use of aIcohol, second by Councilman Martin, carried on unanimous vote of members present. STAFF I4EMORANDUM 1. CITY MANAGER: CABLE TELEVISION City Manager's memo of June L4, L979 attached data on cable tele- ffi i. qqsffi rsrryreEr-llur 1@ir lr.-,-arqF)rf rl 376 vision and its muni-cipal regulation. City Man4gga noted thetrend is now toward a more deregulated basic ordinance andfranchise agreement. He recommended this be discussed at thenext study meeting. He could a arrange a presentation by some-one familiar with the subject. council agieed to discuss atthe July study meeting. 2.CITY MANAGER: AMERICAN LEGION BUILDING BURLINGA}IE AVENUE City Manager's memo of June 14,1979 from Burlingame Lions CIubacquisi-tion and restoration ofAvenue. This would be at theirconsideration of a 1ease. Council agreed to 3. CfTY MANAGER: L979 attached letter of June 7outlining their proposal forthis building at 990 Burlingamecost, and they reguested City Memo of May 30, 7979 from Director of public lrrorks informedCouncil that the Traffic, safety and parking commission recom-mended the i-nstallation of a gtop sign on the northeasterly cornerof the intersection of Barroilhel and cypress. The city of sanMateo was to be informed for possible coordination in iistallinga stop sign at this intersection for traffic going east onBarroilhet- Public l{orks Director recommenaed agiinst the in-stallation of the additional signs because of th; accident potentialfor a three-way stop at a four-*ay intersection. By endorsement ofJune L4, l-979 City Manager concuried in recornmendation of publici{orks Director. discuss this matter at the July study meeting. STOP SIGNS, BARROILHET /CYPRESS Barton suggested this item be tabled until the cityconsiders it on its upcoming agenda. Council con_ Councilwomanof San Mateocurred. 4. CfTY MANAGER: AMENDMEIIT TO CIVIL DEFENSE AND DISASTER AGREEIVIENT Letter of June 11, 1979 from san Mateo operational Area civilDefense and Disaster organization recommended as an al-ternative tothe agreement with the cities that the Lg7g-ao uuJgef include thecountyrs share of $50,000 but in subsequent years frris be elim-inated as a requirement for the county-and the g50,oo0 be split upamong cities and county on a proporti6nate basis. Council decidedtheir positi-on would be not to amend the contract now, but consideramending it next year sj-nce the amendment would affect the 1980-g1funding. city l4anager stated he would so inform the county. 5. CfTY ATTORNEY: PARKING OF' CAMPERS, TRAILERS AND RECREATI9NVEHICLES Ci-ty Attorney's memo of June 12, lgTgsubject and listed Council options.sideration at a study meeting. di-scussed some issues of thisHe suggested thorough con- He Mayor Amstrup set this subject for the next study session., FOXMALL - PARKING CONTRIBUTION Mayor Amstrup asked agenda interruption for this consideration.quoted 6/L8/79 letter from Ted Farrey Jr. which stated, ,,v,Ie havedecided to accept the Council's offei for a one time contributionof $25,000 to the parking district. trve wirl agree to submit aparcel map to change the two_building sites in[.o one. The pay-ments would be made . : 912,500 aiter one year and $12,5b0-after the second year. " City Attorney stated it was I{r. Farleyrs understanding that witha parcel map there would be no restrictions on the wal-ls on whathad been the property line. He could do with the back portion thesame as the front portion. City Attorney asked that Council's in-tent be cl-arified. Did they want to condition parcel map? rn C) l-) l-1ot I response to question from Councilman Crosby, City Attorney confirmed that combinj-ng parcels would al-Iow Mr. Farley full use of the building without restrictions as to wal1 openings. Councilman Martin objected that in this case Mr. Farley would have fuII use of the building for \ parking contribution. Hepreferred permit for rvall opening which would give City control of rear of building. Discussion was deferred pending return ofMr. Farley to meeting. CONSENT CALENDAR 1. LIABILITY CLAIYIS: GUY YOUNG A}ID JANE NIERI. City Attorney's memos of June 8 and 13, from R. L. Kautz & Company on Guy Young City Attorney recommended denial of both 2. PARCEL MAP; 1016 CAROLAN AVENUE Assistant City Engineer's merno approval of this tentative and 1979 attached reports and Jane Nieri respectively. claims. 3. CONDOMINIU}4 PARCEL MAP, 735 EL CAMII{O Assistant City Engineer's memo of June B, 1979 recontmended approval of this tentative condo subdivision map with three conditions. 4. RESOLUTIONS a. RESOLUTION NO. 40-79 "RESOLUTION AUTHORIZING AGREEMENT WITH ENVIROTECH CORPORATION FOR MAINTENANCE AND OPERATION OF WASTEWATEB. TREATMENT PLANT,' b. RESOLUTION NO. 4I-7 9 ''RESOLUTION AUTHORIZING EXECUTION OF DEEDS AND APPROVING EOR}4S OE NOTES IOOS-1020 CAROLAN AVENUE. City Attorney noted correction on amount of notes as $272,OOO each and monthly payments as $3,824.19 for each. c. RESOLUTION NO. 42-79 "RESOLUTION AUTHORIZING EXECUTION OF I^TORKERS' COMPENSATION ADMINI MC DONALD & COMPANY'' STRATION AGREEMENT VIITH GATES, d. RESOLUTTON NO. 43-79 ''AMENDING AND ADOPTING FINAL OPERATING of June 11, 1979 recommended final parcel map with no condi-tions. IMPROVEMENT BUDGET CITY OF BURLINGAME, FISCAL JUNE 30, L979." AND CAPITAL YEAR ENDING f BURLINGAIVIE 905 " SLUDGE PUMP]NG STATION AND FORCE I,IAIN Councilman Martin moved approval of the consent calendar, Councilwoman Barton, carried on unanimous vote of members Councilman l{artin abstaining on Items 2 and 4b. C. RESOLUTION NO. 44-79 ''RESOLUTION ACCEPTING WATER SYSTEIU IMPROVEMENTS RNSOLUTION NO. JOB NO.802" 45-79 ''RESOLUTION REJECTING ALL BIDS - MILLBRAE JOB NO. second by present, ORD]NANCES SECOND READING - HEARING I. ORDINANCE NO. 1150'' ORDINANCE ESTABLISHING TWO-HOUR PARKING LII,{ITMAGE ROAD OF EL CAMINO REAL FROM TROUSDALE DRIVE TO MURCHISON DRTVE. ,' Mayor Amstrup opened public hearing. There was no response and the public hearing was declared closed. Ordinance No. 1150 passed its second readj-ng and was adopted on motion of Councilman Crosby, second by Councilman Martin, carried on unanj-mous roll call vote of members present. Mayor Amstrup asked that staff notify people in thj-s neighborhood. 2. ORDINANCE NO. I15I ''ORDINANCE ESTABLISHING DEVELOPMENT FEES FOR ROAD IMPROVE},TE}trTS'' ffiY!z L- 378 Mayor Amstrup opened public hearing. There was no response and the public hearing was declared closed. 3. ORDINANCE NO. 1152 "ALLOWING GASOLINE STORAGE FACILITIES IN CERTAIN ZONES,' As originally written, this ordinance prohibited the installation of gasoline storage tanks in residential zones, permitted them in the industrial zones, and made them subject to a conditional use permit in the commercial zones. Council discussed at length the pros and cons of this application in the residential zone, notably the fact that private residences are al-lowed storage of diesel fuel, and could need storage of gasoline for such uses as powering of gasoline generators. Fire Chief reported on hazards of gasoline storage tanks and basic concerns with those i-n residential areas. After considerable dis- cussion Councj-I concurred on allowing gasoline storage tanks as a conditional use in commercial and residential zones. Ordinance No. 1152 passed its second reading and was adopted as amended on motion of Councilman Crosby, second by Councilrnan Martin, carried on unanimous roll call vote of members present. Ordinance 1151 passed its second reading motion of Councilwoman Barton, second by imous ro11 call vote of members present. 4. ORDINANCE NO. 1153 ''ORDINANCE PROVIDING rN rffiRCrAL zoNES" Mayor Amstrup opened public hearing on no response and the public hearing was and was adopted on Council-man Crosby, unan- FOR COMPACT CAR SPACES this ordi-nance. There was declared closed. Ordinance No. 1153 passes its second reading and was adopted on motion of Councilman l4artin, second by Councilman Crosby, carried on unanimous ro11 call vote of members present. UNFINISHED BUSINESS REVENUE SHARING HEARING Recej-pt of letter from Center for Independence of the Disabled,Inc. was acknowledged requesting smal1 amount of Revenue Sharing funds from Peninsula cities to fj-nance operation. City Manager reported this could hearing on Revenue Sharing. be heard at the required public FOX MALL Mr. Farley returned to meeting and discussion resumed on this subject. Mayor Amstrup suggested development of new parking formula since he thought present formula is not being utilized. Council discussed at some length. For Mr. Farley's benefit City Attorney reviewed Council's previous di-scussion. Mr. Farley stated there would be no wall openings at the back of the building and that he had already cancelled all services for two buildings and planned for just one. In response to staff and Council questions, he agreed that approval of the parcel map could be conditioned upon the wall's remaining at the rear portion of the building and the understanding that the only opening would be at the front end of the property. Councilman Crosby moved that contribution of $25r000 to the Parking District as outlined in Ted Farley's letter of June 18, 1979 be accepted, and that parcel map be prepared and submitted by Mr. Far1ey, approval Lo be conditioned upon a wa11 remaining on the former property line in the second story rear of the building, and that the only opening on the second fl-oor along the former property I1ne would be at the front of the building. Second by Councilwoman Barton, carried on following ro11 call vote: 379 AYES: BARTON, CROSBY, MARTIN NAYES: COUNCILMEMBERS: AMSTRUP (For reasons previously stated) ABSENT: COUNCILMEMBERS: MANGINI Councilman Martin made the point thatthe Fox Ma1I was granted by a vote of man Crosby and he voted no. orj-ginal permit for 2 on which Council- the3- 2 NEW BUSINESS TENNIS LIGHTS AND JUVENILES In response to complaint of May 17, L979 from Donald J. Roberts, Burlingame citizen, of the firm of Winingham, Roberts and Rogie, City Manager's memo of June 13, L979 to Council explained that replacement of tennis lights by a more energy-efficient systemwill be a budget item. He reported that Washington Park is a gathering place for young persons, they are going to gather some place, and police Department has been instructed to give area more surveillance. ACKNOWLEDGMENTS 1 Letter of June 11, L979 from Senator Foran re sales tax. Letter of June 6, L979 from Shriners Hospitals. Memo of June 13, 1979 from Finance Director re L978-79 Audit. Reports: Treasurer I s lrlay 31, Police and Fire Departments, May, L979. 3 4 5. Minutes: Park & Recreation Commission, June '7, Planning Commission, June 11, 1979. 6. Negative Declarations from Assistant City Planner. Mayor Amstrup announced that at Council of Mayors meeting Councilman l{artin was re-elected as representative to ABAG from San Mateo County. Councilman Mangini was appointed to Criminal Justice Council. APPROVALS WARRANTS Warrant Nos. 1760 through 2003, duly audited, in the amount of $648,764.52 approved for payment on motion of Mayor Amstrup, second by Councj-Iman Martin, carried on unanimous vote of members present. PAYROLL Payroll for May, 1979, Check Nos. 10506 through 11104, total amount of $338,139.48, approved for payment on motion of Mayor Amstrup, second by Councilman Martin, carried on unanimous vote of members present. FROM THE FLOOR AFSCME LOCAL 2L9O Mr. George Popyack, Directing Business Agent, AFSCIIE Local 21-90, representing certain Burlingame City Employees, addressed Council on matter he stated was not meet and confer. He saj-d he had requested to be on agenda. Main points of Mr. Popyack's presentation: 380 I. Renegotiate At the time the Employees Association memo of under- standing was before the Council, AFSCIIE had completed the process of petitioning and was waiting for certi- fication. Under National Labor Relations Act negotiation should stop untj-I certification is over. Employees Association was unable to provi-de majority of employee vote but memo of understanding was ratified by City. Because of this AFSCME asks City to instruct staff to begin negotiations. 2 Long Term Disability Employees Association negoti-ated for this program in 1974. Benefits were to be 2/3 of salary after 60 day waiting period, premium estimated at certain percentage of salary. This Apri1, City contracted for new program which reduces benefit to 504 of salary after 120 day wait. This is violation of agreement. AFSCME asks City to instruct staff to restore original benefit leveI. 3. Civil Servj-ce Rules and Regulations Union has a problem of representing employees under a vague set of rules and regulations that seem to be based on Department Heads' interpretations. AFSCME needs clear set of Civil Service rules. Representative has attempted to meet with Civil Service Commission unsuccessfully. Asks that City and staff negotiate clear document. City Attorney stated that the Civil Service Commission has very l-imited jurisdiction and does not make the ru1es. Chairman of this commission had asked that Union's request be put in letter so that they would know proper jurisdictj-on. He added that the matter of union certj-fication and long term disability had been considered thoroughly, with the legal opinion that City was correct in its actions. City Ivlanager amplified: In negotiations for long term disability the controlling factor was percentage ofsalary, not a specific plan. He confirmed his understanding that the City was legally correct in its dealings with union certification. He had written union that the City was through with meeting and conferring for this year. To Council he added that his interpretation with relation to the Fire Fighters Union was that he would meet and consult with them - not meet and confer. After considerable discussion, Council concurred with the City Attorney's opinion that memo of understanding and Iong term disability handling was legal and proper; and asked that union representative submit written proposal on Civil Service Rules and Regulations specifying items which are not wanted and offering substitutes. ADJOURNMENT Meeting regularly adjourned at J-1-z45 P.M 6(;.zJ.il-uyn H. Hill CIerk ,^ZWy, City