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HomeMy WebLinkAboutMin - CC - 1993.11.0152 BI.JRLINGAME, CALTFORNIA November L, L993 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7:30 p.m.by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by the Police Commander Gary Missel ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NONE MINUTES The minutes of the Regular Meeting of October 18, 1993 were approved unanimously on motion of Councilman [-embi, seconded by Councilman Pagliaro. PUBLIC HEARING - ORDINANCE 1494 - REVISING ANTENNA REGULATIONS - RE- FERRED TO STAFF City Attorney reviewed his memo of October 8 which recommended council hold a public hearing and adopt Ordinance 1494. Over the last few months council has received correspondence concerning the limitations which the city may place upon satellite dish antennas; this was generated by code enforcement action on two dish antennas, at 625 Burlingame Avenue and at 1216 Floribu- nda, which were installed without permits and in violation of the location criteria of our current ordinance. The City Attorney stated that he felt regulation of placement of antenna would hold up if we treated all types of antennas the same, provided for a hearing process and established the maximum size for dish antennas based on engineering facts. He asked Hammett & Edison, consulting engineers in the radio and television industry, to prepare a study (attached to staff report) which would tell us the maximum size dish antenna necessary in Burlingame. He responded to council questions regarding some wording in the ordinance; the Blair study mailed to council by one of the satellite dish antenna owners; definition of aesthetics; the "cone" in which satellite waves are received and what creates interference; what type of concerns were expressed when our original antenna ordinance was adopted. Mayor Harrison opened the public hearing. Alex Bogdis, 601 Burlingame, an expert in communica- tions; noted he has corresponded with council many times regarding this subject; explained the impulses travel in straight line from satellite to dish; purpose of dish is to collect and receive waves; he felt the city cannot deny right to receive the signals; city does not deny right to solar panels or television antennas on roofs, don't require people install fence around them to hide from sight as the purpose is to receive light or signals; asked who would determine definition of aesthetics; he recommended council send the ordinance back to staff; he did not think the city should spend money fighting this issue in court. Councilwoman Knight asked him about painting the dish antenna a color 53 other than black; he responded the open wire mesh dishes could be painted any color, there was some limitations on other dishes. Dennis Livingston, attorney for Don Yarborough (antenna applicant at 1216 Floribunda), applauded the City Attorney's work on this ordinance but thought the ordinance did not go far enough; he felt it needed more technical input; ordinance requires everyone to get special permit and conduct a study for location - courts have held city cannot require anything so burdensome as to be unreason- able; cited case of Hunter vs City of Whittier which was turned back because although the antenna may be ugly, if it is the only way to receive these signals it must be allowed; he volunteered to help draft a new ordinance. Councilman Pagliaro wondered why anyone would want one of these antenna when we have cable television available; Livingston said there is great flexibility, freedom of choice and clarity with these signals. Bogdis also said there is a variety of international, foreign language and music prograrnming not available on cable. Councilman kmbi asked if the city attorney had looked at how other cities regulate these antenna. Charles Yoltz,725 Yernon, said he appreciated this fundamental right to have satellite antenna; difficult to define aesthetics, it's in the eye of the beholder; he looked around his home area and saw many rooftop television antenna which are certainly not pleasing to behold; the world is changing and satellite dish antenna are also changing, getting smaller and cheaper, more people will want them; they are a source of data and communication. John Douglas, CoitCom dealer, said he sold satellite dish antenna through the Price Club, business is expanding and it is easy for consumer to get this equipment, costs are down and the number of available satellite programs have quadrupled. Mayor asked what size dish Douglas sold; he replied seven feet in diameter; in response to council questions he said many people in this area have home theaters and desire the greater capabilities of a satellite dish. Councilwoman Knight had seen his equipment at the Price Club and noticed there was nothing warning people to check their local laws regarding installing it; she explored the idea of grandfathering all existing satellite dishes. Glenn Mendelson, 475 Cumberland, asked about regulating size of dishes. Mayor Harrison closed the public hearing. Council discussed at length; had problem with defining aesthetics; if such an antenna were partially hidden by roof line might be acceptable; same problem as monster homes, some people want them and some don't; council agreed the present ordinance should be sent back for study; perhaps we could allow those in place now if they are painted neutral color to match house; present ordinance needs revision; discussed permit procedures, noticing of neighbors, requiring study of best location for dish and that staff does not have expertise to do such a study; perhaps experts in audience can assist with ordinance. Councilman trmbi moved to refer the ordinance to staff to come back with definition of aesthetics, permit procedures, pros and cons of requiring a study by applicant. Seconded by Councilwoman O'Mahony. The motion carried unanimously by voice vote. PUBLIC HEARING - MASTER SIGN PERMIT AMENDMENT FOR AUTO DEALER AT 1O7O BROADWAY - RESOLUTION 76-93 APPROVING SAME City Planner reviewed her memo of October 26 which recommended council hold a public hearing and take action. Mike Harvey, applicant, is requesting an amendment to the master sign program for the automobile dealer/service center located at 1070 Broadway. The request is to change the limitation on copy change on the electronic message center sign from a minimum of 5 minutes between changes to no time limit. The city has no specific regulations on electronic message centers; state standards do not allow message center displays which change more frequently than every 4 seconds; the state regulations apply to any sign within 660 feet of a state highway. This location is not subject to state requirements. City Planner's memo of October 28 reviewed her 54 discussion with the sign manufacturer's representatives about capabilities of the message center; message changes can range from every 1/10 second to 16 minutes. Councilman Pagliaro asked if the applicant had received the last memo from City Planner (Harvey had picked it up); he also asked how many times Harvey had been notified about amending his sign permit; staff wrote to Harvey two times. Mayor Harrison opened the public hearing. Mike Harvey, applicant, told of two southern California cities which have similar signs on highways and there is no evidence of increased accidents with these signs; he spoke to a doctor about the possibility of epileptics being affected by the sign and the doctor said there is no evidence that it would harm them. He responded to council questions and said he would be willing to make the sign available for public service announcements. The hearing was closed. Councilman Pagliaro said in 1990 council granted a permit for sign to change every five minutes; he could find no unusual circumstances to support an amendment; this street is the entrance to Burlingame and this sign is not the proper welcome to our city. Councilman Irmbi said this is one of the few times he would have to disagree with his colleague; he had no problem with the sign, not offensive and is even entertaining; from business standpoint he would want to do everything to support our auto dealers who bring tax dollars to our city; this is a new technology, things change, he would grant the amendment. Other council members agreed with kmbi. Councilman kmbi moved to approve the application for an amendment to the master sign permit by adoption of RESOLUTION 76-93 with condition of staff report. Seconded by Councilwoman O'Mahony and carried 4-1 on roll call vote, Councilman Pagliaro voting no. PUBLIC COMMENTS Celestino Romoli, 109 Stanley, told of awards he won for his many years as a soccer supporter and coach; his concern was improving the lighting at Bayside Park for soccer. Angelo Dellacasa, Victoria Road, told of concern about bushes growing over sidewalk and curb at Victoria/Howard area and about a neighbor who washes car with too much soap which runs down the gutter and kills his trees. Todd Robinette, 415 Concord, asked council to request the Bay Area Air Quality Management District to install an air pollution monitoring station in Burlingame; there is a station in San Francisco and one in Redwood City but none in our area. SCHOOL CROSSING GUARDS City Manager reviewed his memo of October 26 with the Police Chief's memo of October 25 attached which recommended council review the survey of pedestrian counts at school crossings and consider re-establishing crossing guards at Bayswater/El Camino and Adeline/El Camino intersec- tions and phasing out the Oak Grove/California/Carolan guard. Councilwoman Knight circulated a report from the Police Department on accidents at those corners; Mayor noted most accidents were outside school hours. Councilman trmbi had received three calls about installing a signal to be activated during school hours for traffic crossing Trousdale at Franklin School. Councilwoman Knight was very concerned about eliminating guard at Oak Grove and Carolan because there is no signal there and traffic is very heavy with students driving to the high school and elementary school children walking across Carolan, train tracks and California. kmbi noted we are one of the few cities which provide crossing guards; Commander Missel said some cities have school safety patrol 5s programs or volunteers, even parking enforcement officers who cover crossing guard duties; council asked if there was any study about effectiveness of crossing guards. After considerable discussion, Councilman lrmbi moved to re-establish guards at Bayswater/El Camino and Adeline/El Camino, and to keep Oak Grove/Carolan guard, taking funding from contingency reserves for 1993-94 and to discuss with schools future funding of crossing guards. Seconded by Councilwoman Knight and carried unanimously. CHAMBER OF COMMERCE REOUEST FOR FREE HOLIDAY PARKING City Manager reviewed the Police Chief's memo of October 25 which recommended council review this request for increasing size of area of free holiday parking and length of time from November 15 to January 15; in past years the council granted free parking from Thanksgiving to New Years Day for one-hour meters only, this request is for all meters on side streets including some 10 hour meters. Councilman Irmbi felt the request was for too long a period, he moved to deny the request and grant free holiday parking as was allowed in the past. Seconded and carried unanimously. RELATING TO WASHINGTON PARK WATER WELL - CP 9114 Public Works Director reviewed his memo of October 28 which recommended council approve an agreement with Stetson Engineers in the amount of $49,115 for professional services. At the last meeting, council directed staff to go back to the engineer to review the scope and cost of work and look at a fixed fee contract instead of the contract that was proposed. The scope of work has been refined and is shown in Exhibit A of the agreement. It was moved and seconded to adopt RESOLUTION 77-93 approving the revised contract. The motion carried unanimously. CONSENT CALENDAR Councilman Pagliaro asked that "a" and "b" be removed for discussion a. and b. Removed. RENEWAL AMUSEMENT PERMIT FOR DICEY RILEY'S IRISH PUB . 221 PARK ROAD City Attorney's memo of October 21 recommended council renew this permit for a period of only three months because the owner is in the process of geuing a special permit for a dish antenna they installed. Councilman kmbi moved approval of "c" on the Consent Calendar. Seconded by Councilwoman Ifuight and carried unanimously. REMOVED CONSENT ITEMS PROPOSED ORDINANCE TO REVISE SMOKING REGULATIONS City Attorney's memo of October 22 recommended council introduce this ordinance to exempt designated smoking rooms in hospitals and extended care facilities, provided the smoke is carried out of the building. At the last council meeting, council heard about an c a 55 b elderly patient at CareWest in Burlingame, who is disabled and a smoker; the hospital does not allow her to smoke. Councilman Pagliaro said he and Councilwoman Ifuight had received an award for establishing the present ordinance and he did not want to see it changed; he sympathized with family of elderly smokers but we would be sending the wrong message to people if we allow smoking in health facilities. Councilwoman O'Mahony said she had a change of heart on this matter, she was concerned about safety of these incapacitated persons; objected to allowing smoking in hospitals; Councilwoman Knight mentioned a patients' rights law; City Attorney said this law gives the patient the right to a safe and secure environment, he noted that doctor's can prescribe smoking for some psychiatric patients; he would invite speakers from hospitals to public hearing. Mayor Harrison noted for some patients, smoking is the only thing they have left. Councilman kmbi agreed it was incongruous to allow smoking in hospitals. After more discussion, Councilman Pagliaro moved to drop the ordinance. Seconded by Councilwoman O'Mahony. The motion carried 3-2 on roll call vote, Councilwoman Knight and Mayor Harrison voting no. CHANGING FIVE PARKING METERS ON BROADWAY FROM ONE-HOUR TO 24 MINUTE METERS Public Works Director's memo of October 25 recommended council approve a resolution changing five meters on Broadway to 24 minute meters; the Traffic commission recommend- ed these changes to provide more short-term parking. Councilman Pagliaro mentioned his concern about constantly changing timing of meters; he acknowledged the presence of a Broadway merchant. Councilman Pagliaro moved to approve the request to change five meters on Broadway to 24 minute. Seconded by Councilwoman Knight, carried unanimously. COUNCIL COMMITTEE REPORTS kague Conference: Councilwoman Knight told about I-eague conference she affended; she was prepared to vote against the measure on calling a constitutional convention, but the Governor has called for a constitutional revision committee, so she voted to support cities being represented at that event. She learned about a graffiti program and a library fundraising coffee shop while she was there. On November 13 there will be a legislative breakfast with State legislators. Convention Bureau: Mayor said the past board meeting was Councilman [-embi's last and the new board officers were elected, with him being president. NEW BUSINESS Councilman Pagliaro expressed concern about clearing brush from around homes after observing televised reports of the devastating fires in Laguna Beach. ACKNOWLEDGEMENTS Commission Minutes: Traffic, Safety and Parking, October 14; Park and Recreation, October 21; Senior, October 2l;Library Board, October 19; Planning, October 25, 1993. a Mayor noticed that the Library Board held a closed session, he wondered why. 57 b c Department Reports: Fire Departrnent Quarterly Report. ktter from Susan May, Burlingame Intermediate School, regarding high school students drinking, graffiti and vandalism on BIS grounds. Councilman Irmbi applauded the Police Department's quick response and the letter regarding increased surveillance of the site. d Letter from Robert Schoeppner, 751Winchester, regarding pedestrian access to the Broad- way overpass. Director noted the State is planning future improvements to the overpass. Irtter from the Erguns, 1518 Los Altos, regarding obtaining a waiver of building permit renewal fees; memo from Public Works Director. Council indicated it did not want to revise the existing city code. Proclamation Honoring Veterans on Veterans Day and Designating the week of November 7 as Women Veterans Recognition Week. g. Irtter from Marlene Juscen-hrg, 1332 Yancouver, regarding lack of public toilets. Calendar: Councilman Pagliaro mentioned the proposed council calendar showed a meeting on January 8 which he would be unable to attend; staff will change the date to Jamtary 22. CLOSED SESSION Mayor Harrison adjourned the meeting at 10:06 p.m. to a Closed Session on litigation, Crisafi vs Sargen and the City of Burlingame, regarding a leaking undergound fuel tank. ADJOURNMENT The meeting was regularly adjourned at 10:25 p.m. Judith A. City Clerk e f