HomeMy WebLinkAboutMin - CC - 1996.01.17424
BTJRLINGAME, CALIF'ORNIA
January 17,1996
CALL TO ORDER
A duly noticed regular meeting of the Burlingame Clty Council was held on the above date in the
City HaU Council Chambers. The meeting was called to order at7:30 p.m.by Mayor Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG
kd by City Manager Dennis Argyres
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of January 2, 1996 were unanimously approved after changes
on page 3, second paragraph "Councilman Spinelli asked if there would be E-mail and newsgroup
access" and on page 5, third paragraph, "...talk to PG&E about undergrounding electric utilities on
El Camino. "
PUBLIC HEARING - UNREINFORCED MASONRY ruRM) RETROFIT COMPLIANCE
City Attorney reviewed his memo of January 8 which recommended council hold a public hearing
and take action on each individual property. In November 1995 council directed this hearing be
held to consider enforcement actions against property owners who have not complied with earth-
quake retrofiting of their unreinforced masonry buildings. Staff reviewed the history of the URM
ordinance and the deadlines for filing plans and for completing construction. Mayor Harrison asked
the City Attorney to review each propeffy separately and council would hear from any representa-
tives of that property at that time.
85 California Drive - City Attorney said Burlingame Ford submitted plans some time ago but they
did not have a lease; they have now come to an agreement with the property owner and will be
starting work. No one was present from this property.
100 California Drive - City Attorney said this property was in the process of foreclosure and
Putnam Automotive now has title to the property. Ron Morris, Morris Engineering, said he is
preparing plans which will be submitted within 30 days; they would like an extension to May or
June to assess the plans and decide whether to repair or tear down the building. City Attorney
suggested a review in 90 days to appraise the progress. Councilwoman Knight expressed concern
about continued use of this building for used car sales and danger to people in an earthquake.
950 Broadwayll2l2 Rollins - City Attorney said plans have been submitted and returned with
courments for correction. Ed White, business manager at the site, said he came to represent the
property owner; said plans have been approved and they will be getting bids this week; he will
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attempt to expedite the process; said the subject building is one of several on the site and is not a
high occupancy building; he did not anticipate extensive construction repairs would be needed.
1401 Burlingame Avenue (Towle's) - City Attorney said this property had been tied up in an estate
and multiple owners; recently the estate was taken over by a local attorney who hoped to have a
signed contract for preparing plans by this meeting. Bob Etiene, attorney, and Chris Sigler from
BMP Engineering, said there is a signed contract and plans should be to the city within eight weeks;
they will expedite the work, there is also need to upgrade the disabled accessibility.
226l-orton (North China Inn) - City Attorney said plans are being prepared but the consultant is
waiting for technical information from the property manager. Raymond Laherrere, property
manager, and Chris Sigler, BMP Engineering, said plans are awaiting engineering test results; they
will move as quickly as possible. Councilwoman Ifuight said she did not have a lot of patience with
owners of these buildings when they were told years ago they needed to meet certain deadlines.
Laherrere explained the two property owners live in other countries and were not aware of the
importance of these notices; Laherrere became involved in the property one year ago and only
recently found out about these requirements. In response to Vice Mayor O'Mahony's question,
Director of Public Works said all these properties could still meet the deadline of June 30, 1996.
BMP representative said the building would also need to meet disabled accessibility requirements
which cin delay a project. Councilman Spinelli asked if there were some accommodations the city
could make for these properties as far as meeting these accessibility requirements. Director said the
Attorney General has ruled that cities cannot make such accommodations.
Vice Mayor O'Mahony moved to review all these projects again in 90 days. Seconded by
Councilwoman Knight and carried unanimously on voice vote.
PUBLIC HEARING - APPEAL OF DECISION FOR TREE REMOVAL REOUIREMENTS AT
2312 EASTON AVENUE - WITHDRAWN
Council reviewed a letter from Jane Sears withdrawing her appeal of the tree replacement require-
ment of a Magnolia tree removedat23l2 Easton. Staff noted Sears agreed to pay a fine into the
city's tree replacement fund.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1537 ESTABLISHING STOP SIGN
ON RAY DRIVE AT DAVIS DRIVE
City Attorney's memo of December 5, 1995 recommended council hold a public hearing and adopt
the ordinance. As council directed at the December 4 meeting, he prepared an ordinance adding a
stop sign on Ray Drive approaching Davis Drive.
Mayor Harrison opened the public hearing. There were no comments and the hearing was closed.
Councilman Spinelli moved adoption of ORDINANCE 1537. Seconded by Vice Mayor O'Mahony
and carried unanimously.
PUBLIC COMMENTS
Alexander Bogdis, 601 Burlingame Avenue, reviewed his letter to the city council dated November
28, lgg4 in which he requested a change in the city's regulation of satellite antennas. He said under
city rules he would have to spend up to $8,000 to submit plans to install a $1,500 antenna. He
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noted that the city attorney had stated the ordinance would not survive court action. The judge in
the current lawsuit against his neighbor had made four attempts to reconcile the suit with the city
attorney. Mayor Harrison said council could not discuss this issue because of the litigation. Bogdis
said the city will spend lots of money on this lawsuit; the FCC has been ordered by federal court to
take over these antenna issues; he asked the council to resolve the issue without going to coufi.
City Attorney suggested council might want to discuss this in a closed session.
Ramona Hernandez, Burlingame Avenue, also took issue with the antenna ordinance; she asked
several questions about a lawsuit; city attorney said the ordinance would not stand up in court; why
didn't he tell them moving the antenna would be acceptable; her antenna does not bother neighbors,
other antennas are more visible in city, for example the Pacific Cable antenna at 401 California, and
antennas at Police Station and at the convalescent hospital at California and Trousdale; why was an
antenna on a church approved; suggested this lawsuit would not have taken place if her name were
Jones or Smith. City Attorney again suggested council might discuss in a closed session. Mayor
Harrison said he was sorry Mrs. Hernandez made that final statement.
CONTINUED AMUSEMENT PERMIT FOR PADDY FLYNN'S. 246 LORTON AVENUE
City Attorney reviewed his memo of January 9 which recommended council consider this request
for an amusement permit for musicians three nights a week at Paddy Flynn's, 246l-ortor^ Staff is
recommending against this permit because of considerable problems at the establishment.
Patrick Flynn, applicant, said he has taken steps to alleviate the problems at his establishment.
Mayor Harrison told Flynn about other businesses which have been required to hire off-duty police
officers for their businesses because of similar problems. Councilwoman Knight was concerned
about the underage drinking, bartenders are not checking identifications, not cooperating with
police; they would find it to their advantage to cooperate with the police. Flynn said he intends to
cooperate. Vice Mayor O'Mahony said her particular concern was that the police got no coopera-
tion from Flynn; she did not see how he could have Irish dancers in such a small space; thought
there should be a waiting period. Councilman Spinelli asked about possibility of shutting down this
business because of concerns about safety of citizens and police officers. Police Chief said there is
a complaint before the ABC.
Councilwoman Janney moved to withhold any action on an amusement permit until June 1996
Seconded by Councilwoman Knight and carried unanimously.
James McGovern, 3026 Hillside, said at the last meeting he submitted a letter and map to council
regarding a landslide on his property and city repairs to adjacent city property. He is awaiting a
response from the city. Mayor Harrison said the city has responded to other letters and there is
nothing new to add. City Manager said the city considers the slide repairs completed and does not
plan other action on that hillside unless there is another slide. McGovern asked why the city
changed its plans; originally the city was to grade his property also. Director of Public Works said
after soils engineer reports the city decided to limit the grading; the city worked to save its sewer
main, the McGovern house was in danger and the city did not want to risk additional sliding.
Mayor Harrison said McGovern could have taken advantage of the city work and had the contractor
work on his property at the same time. McGovern felt the city reneged on what it promised to do,
he wanted something in writing from the city. Director of Public Works suggested McGovern visit
him on Friday.
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COMMISSION APPOINTMENTS
City Manager's memo of January 9 recommended council make appointments. Mayor Harrison
noted Vice Mayor O'Mahony and Councilman Spinelli interviewed for two openings on the Park
and Recreation Commission. Councilman Spinelli said there were excellent candidates, he
nominated incumbents Frank Kelly and Mike Pera, and also Gary Deatherage.
Vice Mayor O'Mahony and Councilman Spinelli interviewed for two positions on the Traffic, Safety
and Parking Commission. Vice Mayor O'Mahony said they had some wonderful candidates who
want to help the city. She nominated the two incumbents, Mario Amoroso and Dennis Preger.
There were no other nominations and the incumbents were duly appointed.
Councilwoman Knight and Mayor Harrison interviewed for the Civil Service Commission.
Councilwoman Knight said they were delighted with the candidates; because one incumbent is now
working out of the area, she nominated the other two incumbents, Mike lrnnon and Victor
Richmond, and also Joe Galligan. There were no other nominations and the nominees were duly
appointed.
Councilwoman Janney and Councilwoman Knight interviewed for the Senior Commission.
Councilwoman Knight said these were also great candidates, she was particularly impressed with a
young woman who works with seniors and wants to be on the commission but did not realize the
commission meets during the morning hours and she said she would attempt to take time off work to
attend meetings if appointed. Councilwoman Knight nominated Irv Amstrup, Martha Benson, Vera
Hamrock and Catherine McCormack.
Ballots were marked for Park and Recreation, and for Senior Commission. After a 3-2 vote, Kelly
and Pera were appointed to Park and Recreation Commission; Mayor Harrison, Vice Mayor
O'Mahony and Councilwoman Janney voting for Kelly and Pera, Councilwoman Knight and
Councilman Spinelli voting for Kelly and Deatherage. After a 3'2 vote, Benson, Hamrock and
McCormack were appointed to the Senior Commission; Mayor Harrison, Vice Mayor O'Mahony
and Councilwoman Janney voting for Benson, Hamrock and McCormack, Councilwoman Knight
and Councilman Spinelli voting for Amstrup, Benson and Hamrock.
CONTINUED CLAIM OF ROBERT AGUILAR
City Attorney reviewed his memo of November 28 which recommended council continue this claim
to the February 5 meeting as requested. Council concurred.
Public Works memo of January 10 recommended council introduce this ordinance and set
hearing for February 5. The uniform codes are adopted nationally on a triennial basis and
further amended by the State, then mandated to local jurisdictions for adoption. Cities are
CONSENT CALENDAR
Councilwoman Knight asked if item "b" regarding 860 Burlway was related to an item before the
Planning Commission. City Planner said no.
A. INTRODUCTION OF ORDINANCE 1538 ADOPTING THE UNIFORM ADMINISTRA-
TIVE. BUILDING. MECHANICAL. DANGEROUS BUILDINGS. PLUMBING AND
ELECTRICAL CODES AND AMENDING CERTAIN CHAPTERS OF THE CITY CODE
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b
allowed to make further amendments. Many amendments in our current code are now
included in these uniform codes. In the interest of county-wide consistency, other minor
amendments have been eliminated. Fees have increased but disabled access plan check fees
have been reduced substantially.
RESOLUTION 3-96 AUTHORIZING CONVENANT TO GRANT EASEMENT AT 860
BURLWAY ROAD
City Attorney's memo of January 10 recommended council authorize a convenant to grant an
easement at 860 Burlway Road. The building was gutted by fire some time ago and the
owner is rebuilding; in order to avoid the need for a parking variance, the owner has
requested we allow the backup for some parking spaces to be on the adjacent property which
he also owns at 808-826 Burlway. It is necessary to record this restriction in case the
property is sold so that the backup space would remain.
TENTATIVE MAP EXTENSION FOR TENTATIVE CONDOMINIUM MAP AND
TENTATIVE AND FINAL PARCEL MAP - 601 ANSEL AVENUE
Public Works memo of January 10 recommended council concur with the Planning Commis-
sion and grant an extension of these maps to January 1998.
d. ENCROACHMENT PERMIT FOR FENCE AT 1425 EDGEHILL DRIVE
Public Works memo of January 11 recommended council approve this picket fence subject to
standard conditions.
e WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants Number 41677 - 4203L, duly audited,
in the amount of $1,427,733.43 and Payroll Checks 82238 - 83297 for the month of
December 1995 in the amount of $1,704,567.57.
Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilman Spinelli
and carried unanimously.
Councilman Spinelli reported on a long and difficult Airport Roundtable meeting at which many
Pacifica residents were present and worried about noise from planes flying over Pacifica. Council-
woman Knight attended the JPB at which county supervisors expressed support of rail connection to
the airport; she attended with Mayor Harrison the school liaison committee meeting; she also
attended the High School district board meeting and Criminal Justice. Mayor Harrison reported all
council members attended the Convention Bureau's annual luncheon meeting; he also attended
SAMCEDA meeting. Councilwoman Janney went to the Chamber of Commerce meeting.
Councilman Spinelli mentioned he had a conflict of meetings on Thursday; Vice Mayor O'Mahony
would attend.
c
OLD BUSINESS - none
COUNCIL COMMITTEE REPORTS
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NEW BUSINESS
Vice Mayor O'Mahony had received a complaint about teens loitering on upper Burlingame Avenue;
asked about moving the telephone booth and cutting ability to receive incoming calls at that phone.
Police Chief said both can be done, they are considering moving the phone booth across the street.
Mayor Harrison mentioned the many calls council members are receiving because of a flyer mailed
to residents regarding BART; flyer said "sell your homes now because BART will lower property
values. . .call your council members;" he said it is scare tactics and the flyer does not mention the
name of the sending party, no name or address. Councilwoman Knight said there is some knowl-
edgeable material in the flyer but noted the city council will not be making any decision regarding
BART, people should be talking to SAMTRANS, BART and others.
ACKNOWLEDGEMENTS
a. Commission Minutes: Planning, January 8, 1996.
b. Department Reports: Building, December 1995; Treasurer, December 31, 1995
CLOSED SESSION
At 8:55 p.m. the Mayor adjourned the meeting to a Closed Session regarding labor negotiations with
the Police Officers Association. The meeting reconvened at 9:06 p.m. with no action being taken.
ADJOURNMENT IN MEMORY OF JEAN WILLIAMSON
Councilwoman Janney mentioned the recent death of long-time resident Jean Williamson. After a
moment of silence, the meeting was adjourned in her memory at 9:07 p.m.
Judith A. Malfatti
City Clerk