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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 425 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 426 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. 427 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 428 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 429 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