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HomeMy WebLinkAboutMin - CC - 1993.04.19544 A duly not.iced regular meeting of the Burlingame City Councj-l was held on the above dat.e in the City Hal-l- Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Bud Harrison. BURI,INGA!48, CATIFORNIA April 19, 1993 CA]-,,].,, TO ORDER PI.,EDGE O F ALLEGIANCE TO THE F LAG Led by ,Jim Hamrock of the Senior Commission. RO]-,,].,, CA],L COUNCIL PRESENT: COUNCI]-,, ABSENT : MINUTES approvedThe minutses of unanj-mously on the Regular MeeEing of April 7, 1993 were moEion of Councilwoman O'Mahony. PUBLIC COMMENTS Mayor Harrison announced there were no public hearings Eonight and asked if there were any audience comments on other matters. Todd Becker, 2LL6 Hi11side, spoke on behaff of Bernard Transano who had written a fetter to council but. coul-d not be present tonights. He noted the concern was t.hat existing houses coul-d be added on to a littl-e each year without any review for FAR and that new consEruction which met FAR limitations could t.he next year remodel and exceed the FAR 1imit. Tom Koros, 2225 Summit, spoke on behal-f of his father, owner of the Broadway Market, who is asking on this agenda for an en- croachment permit for produce displays on the sidewafk outside t.heir market. He said his father bought Ehe market in the early l-970's and has owned it since then except. for a recent three year period. His father displayed produce like this for years and there have been no complaints, they are aEEempting Eo give the area a European flavor. Jim Hamrock, member of the Senior Commission, thanked counci] establishing the commission and said he would like to report the Senior Legislature activities in Sacramento aE some Eime the fuEure. for onin INTRODUCTION OF ORD INANCE 1.482 ESTABLISHING FLOOR AREA RATIO (FAR) AND MODIFYING SETBACKS IN R-]. RESIDENTIAL DI STRI CT City Pfanner reviewed her memo of April 10, 1993 which recommend- ed council- review Ehe proposed ordinance and direct staff. At the March 24 study meeting, council directed an ordinance be prepared to address FAR for new construction of .32 pfus 1,500 square feet (SF) on interior lots and FAR .32 plus 1,200 SF on corner 1ots, changes in setbacks as discussed by the technical- committee. modification of setbacks on corner l-ots. definition of I'newrr construction, and development. of a design guidelines handout for applicants. She presented a draft ordinance address- ing all these elements excepE Ehe design guidelines which if councif decides to pursue wil-l- have to be contracted out for graphic work. The drafE ordinance proposed the FARs mentioned earlier and a maxj-mum house size of 8,000 SF. FAR woufd be defined as gross floor area, exterior wall to exterior wa11; open spaces such as vaulted ceilings woufd be counted twice if E.heirheight were greater than 12 feet. In response to council ques- tions about Transano l-etter and Becker's concerns, she said it woufd be difficult to track or limit construction on existing houses that was less than what was defined as "new, " this ordi- nance would apply to alf construction which meets the definition of ,,newrr all other additions woufd be confined only by the IARRISON. KNIGHT, ].,EMBI, O ' MAHONY, PAG].,,IARO NONE 545 Mayor Harrison reviewed Ehe CiLy At.t.orneyrs memo of April 13 whj-ch recommended council consj-der exempting the Lions Ha11 fromthe ordinance requirements of a public building. Mayor had asked council- to consider Ehis because the Ha11 is used for private meetings, although it. is a city owned building and as such is designated as non-smoking buildj-ng. Some council could agree toallowing smoking in t.he bar room. Aft.er more discussion, Coun- cj-l-man Lembi moved to exempt the Lions HaII from t.he smokingordinance (if council remembered to make some all-owances for hisRotary Cl-ub in the future). Seconded by Councilwoman O'Mahony,carried unanimously. COMMISSION VACANCY AND TERM EXP]RATIONS City Managerrs memo of April 13 recommended council seE ,fune 4, 1993 as deadline for applications t.o a vacant positi-on on CivilService for which there have been no applications, and for twoterm expj-rations on the Library Board. Counci1 concurred. E OF MASSAGE ESTABLI HMENT City Attorney reviewed his memo of April 12 which informedcouncil that the two massage establishments at 1300 Bayshore have been closed and new business of that type will not be reopeningthere. There had been prostitution arrests and numerous buildingand fire code violations at these sites and outside counsel,Mayer & Associates, was hired to assist in revoking these licens-es and in criminaf proceedings. As a resul-t the operators havesurrendered their licenses and they and their employees have pled development envelope. FAR l-j-mits would not. apply; discussed decks and porches, decided Eo aIIow covered decks and porches on the first floor up to l-00 SF but covered decks on Ehe second f l-oor would count since they add to mass and bulk; council acknowledged a letter from Planning Commissioner ,Jerry Deal- which raised several questions (staff had not seen this communication), council discussed with Deaf who was present; basement areas were discussed and determined not to contrj-bute to mass and bulk; asked if chimney mass should be counted; setbacks of second floor at front and rear discussed, no changes directed; setbacks on page four of ordinance are same as currently in effect; discussed size of houses on house Eour council- took l-asE year, staff said by their cal-culations about nj-ne of those l-4 wit.h sizes noted would have been revj-ewed under these proposed regul-ations, staff noEed the tour was for hillsj-de construction and declining height regulations; council did not want to discourage some architectur- aI features,' covered porches or decks on the first f l-oor total- l-ing 100 SF would not count; attic areas in Tudor sEyle home were discussed, council- agreed on an exemption for attsic area of l-ess than 500 SF. AfEer agreeing on changes, Mayor Harrison announced a public hearing woufd be hel-d for this ordinance on May 3, 1993. Councilman Lembi moved t.o introduce oRDINANCE 1482 wit.h t.he changes proposed tonight. Seconded by Councilman Pagliaro, carried unanimously. PROCEDURE FOR TABLES AND CTIAIRS ON SIDEWALKS IN BUSINESS AREAS Director of Public works reviewed the memo of April 13 which recommended council approve Ehe new standards. Council directed staff to simplify st.andards for encroachment. permits to provide for minimum walkj-ng widEh of six feet on bus j-ness dist.rict sidewalks and to issue permits for tree pots, planters. tables and chairs. A $25 fee is proposed for these permits. Councilman Pagliaro thought a five feet clear width would be sufficient for walking. Staff noted tables, chairs and benches wou]d have to be removed at night; the encroachments permit provides for liability and insurance. Council approved Ehe new procedure wj-th change to a11ow five (5) feet walking width. Councilman Lembi mentioned difficulty of geEt.ing tso sidewal-k fromhis car because of a wall of newsracks on Broadway. SMOKING EXEMPTION FOR ].,,IONS CI-,UB 546 guilty to l-esser charges, surrendered their l-eases and the building owners have agreed not to fease to similar businesses' He noted numerous court appearances were required by our ouEside counsel and the contract limiE had been exceeded. Councilman Pagliaro moved to increase the contract limit to $5,000 for Mayer & Associates. Seconded and carried unanimously. ENCROACHMENT IT TO DISPI-,AY PRODUCE ON S DEWALK AT ].235 BROADWAY Publ-ic works DirecEor reviewed the memo of April 14 which recom- mended council- deny this permit unless shopping carts are stored inside and the produce carts al-l-ow six feet cfearance. Council informed Mr. Koros, who had spoken earlier, t.hat council had just changed the encroachment permit process to alfow five feet clearance, so the produce carts with cfearance over five feet would be alIowed. Koros said they have already removed the shopping carts. Councilwoman KnighE moved to approve this request. Seconded by Councilwoman O'Mahony, carried unanj-mous1y. CONSENT CAI,ENDAR Regarding ''c" City Attorney told council of some changes in wording of the resofution for dismissal of employee. ]NTRODUCTION O ORD INANCE 1483 _ CONTROL]-,IN ROLLER BLADES City Attorney's memo of April 1 recommended councif intro- duce this ordinance and seE hearing on May 3. our current l-aw does not address ro1Ier blades, so this ordinance wilI amend exisEing 1aw to address all recreational- vehicles 1j-ke skateboards, ro1ler skaEes and rolfer blades as rrskates " and require they folIow same laws as bicycles where applica- b1e. b.INTRODUCTION OF ORDINANCE L484 REVISING ]..,ICENS]NG AND PERMITTING OF SPECIAI, BUSINESSES City Attorney's memo of April 2 recommended council intro- duce this ordinance and set hearing on May 3. The purpose of this ordinance is to establ-ish uniform language in sever- a1 chapters of Titl-e 8, Business I-.,icenses, Eo make applica- tion, processing, approval , denial and appeal nearly identi- cal- for specific permits for commercial peddlers and sol-ici- tors, chariEable solicitors, taxis, f ortunetel- l-ers, massage and bathing establishments, model- studios, escort bureaus, introductory services, and privaEe patrol services; the same application form wilI be used for all permits with supple- ments for additional information unique to a given permit, This ordinance also eliminates the chapter on restauranLs. Massage establishments section is the only area which has substantive change, we have added bonding requirement.s, hours of operation. residential prohibitions and testingrequirements. Fees will- be sEandardized and increased, solicit.ors will be charged $50 and a1l- others will be $150wit.h fingerprinting and testing costs additional-. RESOLUTION 24-93 - MAK]NG FINDINGS FOR DISMISSAL OF EMPLOYEE City Attorney's memo of April 13 recommended council adoptthis resofution making findings for dismissal of Dan Pauten-is, aut.o mechanic, as decided at E.he April 7 meeEing. d. DENIAL OF CLAIM OF PIERRE DEROU]NEAU C City Attorney's memo of April- l-3this cl-aim relating to an arrest recommended council denyfor public intoxication. ESTABLISIIING VEI{ICLE RELEAS FEES FOR VEHICLES STORED BYe Pol-ice Chief's memo of April- 5a "vehicle release fee" of $50vehicle. council implement an abandoned recommended for storing a. POLICE DEPARTMENT 547 f ENCROACHMENT PERM IT FOR PACIFIC BE]-,]-, PAY PH ON SIDEWALK 1 CAI.,,I FORNI Public Works memo of April 13 recommended councif approve this permit subject Eo standard conditions and payment of 17 percent commission on intra IaE.a revenue for this phone' ENCROACHMENT PERMIT FOR FLOWER RACKS ON FRO WALL AT 1452s h BUR],INGAIVIE AVENUE Public works memo of April 13 recommended council approve this permit. subject Lo standard conditions and also the conditj-on Ehat flower displays and racks be removed at the end of each business day. BURI.,, ] NGAIVIE AVENUE MERCHANTS SIDEW ALK SALEl- CiEy Manager recommended council approve the Chamber of Commerce dj-rector's requests on behalf of Ehe Merchants for their annual Spring Merchants Sidewa1k Sale on Saturday, April 24, L993 from 10 a.m. to closing time. Councilwoman O'Mahony moved approval of the ConsenL Calendar including changes on j-tem c n and with Councilman I-.,embi abstain- ing from vote. Seconded by Councilman Pagliaro and carried unanimously. COIINC]]-,, COMMI TTEE REPORTS ABAG: Council-man Pagliaro reported on a recent ABAG executive board meeting for approval of SF Airport application for $43million in funds for noise insulation. He caI1ed their attention to the fact that $33 million was in federal funding but nobody knew where the other $10 million was coming from; they put off avote. There j-s a legislat.ive hearing in Sacramento on April 28 on t.he regional government bi11s. C/CAGt Councifwoman O'Mahony refated the airport commission will be required to submit report on congestion management. She hadalso att.ended a Summer Jobs for Youth event at which the cityreceived a cerEif icat.e which she presented to the Mayor. Mayor and Councilwoman Knight. t.o1d of several upcoming meetings. Councilwoman O,Mahony discussed AB 1484 about ambulance service. Councilwoman Knight. said campaign town in i11ega1 spots, She alsomeeting coming up and legislation signs are popping up Eold about legislativethey are discussing. around commi t t ee NEW BUSINESS Council-man Pagfiaro thanked the Fire Department for assistanceand concern shown durj-ng a family emergency. Mayor Harrison saidhe afso wanted to compliment the Fire Chief, Finance Director andTreasurer for pursuing a grant from FEMA for nearly g5OO,O0O torebuild the Fire Station. WARRANTS AND PAYROL]-, Finance Director recommended approval of warrants 25723 - 26273, duly audited, in the amount of $1,1-31-,236.40 and Payroll Checks 55f22 - 55855 for Ehe month of March l-993 in the amount of $1,L12,470.35. OLD BUSINESS Council-man I-.,embj- tol-d about graffiti he observed and expressed concern thaE it be removed; Councj-lman Pagliaro asked that policeest.ablish a reward for arresE. and conviction of graffiti artists. They also asked t.hat all employees report any graffitj- to t.he CiEy Attorney for prompt removal . 548 Mayor Harrison commended the Pol-ice Department for being the county command post for possible civil unrest. after the Rodney King verdict. Mayor Harrison asked if something could be done way 101 interchange southbound off-ramp's shabby encouraged tshe Beautification Commission to geE that area. about Ehe Broad- appearance; he invol-ved wiEh 1; Traffic, March 9; Pl-an- March 1993; ACKN EMENTS Commission Minutes: Beautification, April Safety and Parking, April 8; Civil- Service, ning, April 1-2, 1993 . Department Reports: Building Inspectorr s, Police, March,' Treasurer, March 31, 1993. a b C Proclamatj-ons: (l-) BeEter Hearing and Speech Month, Elks Youth I'Ieek, (3) Victims of Pornography Week. (4) Americans Month and (5) Fair Housing Month. (2) ol- der from several Mayors regarding a celebration on Armed Day aE MoffeEE Field.d f I-,ettser Force s Letter from Alan 01in, architect, regarding possible FAR regulations, I-.,eEEer from Donald Perry, no parking on one side of Hillsborough, suggesting there be Carmelita. Mayor suggested item "f I' go to t.he Traffic Commissj-on. He had also received a letter about an accidenE on Prj-mrose requesting the c j-ty esEablish a height limit for vehicl-es parked next to entrances of parking 1oEs. Staff said city has such a require- ment and signs will be posted. PUBI.,,IC COMMENT Tim Auran, l-325 Bernal , said he was surprised that the cj-Ey took the Rhinettse parking l-ot off the market,' there had been no action on this property because nothing could be done unEil the soils report was ready; the Biscay property wj-l-l- also be geEting a soils report soon and these properties could be marketed togeth- er; Ehis is a slow economic time and property is moving s1ow1y; he noted a single story building could be built on t.he site at this time because that woul-d not requj-re excavation. Councilman Pagliaro asked about sale price for the Biscay property and about the gas station; Auran said Biscay site is listed for $950,000. Cit,y Attorney saj-d the gasoline station on the corner is in bankruptcy and is a reaf toxic waste cleanup mess. Councilman Lembi said he also was surprised Ehe property was taken off tshe markets; unless the city was planning to develop tshe siEe we should keep it on the markeE.; City Attorney would like reports on Biscay site. Mayor said those sites were mentioned in the housing el-ement workshop Iist of possible sites for affordable housing. Mayor Harrison informed councif that retired City Librarian ceorge Paul- Lechich had suffered a heart aEtack and was in a coma at Peninsula Hospital-. AD.fOIIRNMENT IN MEMORY OF JOHN RUBENS Mayor Harrison noted with sadness the deaEh of Councilman Paglia- ro's partner ,fohn Rubens. Council observed a moment of silence and then adjourned the meeting in his memory at 9:25 p.m. ,fudith A. Mal-f atCity Cl-erk