Loading...
HomeMy WebLinkAboutMin - CC - 1993.06.07558 BURLINGAME, CAI.,,IFORNIA ,June 7, 1993 CALL TO A duly not.iced regular meeting of the Burlingame City Council was hefd on the above date in the City Haff Council- Chambers. The meeting was caffed to order at 7:33 p.m. by Mayor Bud Harrj-son. PLEDGE OF AIJI'EGI ANCE TO THE FI,AG L.,ed by Peter Campanile. Broadway merchant. ROI_,I-., CA]_,L COUNCIL PRESENT: COUNCI]-,, ABSENT : HARRISON. KNIGHT, ]-,,EMBI, O' MAHONY, PAG]-,,IARO NONE The minutes of the Regul-ar Meeting of May 3. 1993 were amended on the fifth page by Councifwoman Knight Eo show that council approved fundj-ng the 101 freeway sign improvemenE from the 2 percent TOT (hotel- t.ax) funds, Councilwoman O'Mahony moved approval with the change. Seconded by Councilwoman Knight, carried unanimously. The minutes of the SEudy Meeting of May 5, 1993 were approved unanimously on motion of Councilman Pagliaro, second by Councilwoman Knight. PUB].,,IC HEARING -APPEAL FOR HEIGHT VAR]ANCE FO A NEW HOUSE AT 1359 BERN AL AVENUE City Planner reviewed her memo of May 24, 1993 which recommended council hol-d a public hearing and take action. Pat o'Connor is request.ing a height variance in order to demol-ish tshe existing one story house with detached garage and build a new two story house with attached parking. The existing house )-s ).,757 SF (.29 FAR) . the proposed new house will- be 3,870.5 SF (.545 FAR) . The two sEory house wj-l-l- be built over a partially below-gradegarage. The 1ot. slopes upward from fronE Eo back about six feet with most of the rise at front of fot including a three foot retaining wal-I at Ehe front property 1ine. The change in slope is less than the 25 percent which would entitfe them to measure height. from the 15 foot front setback line. On May 10, the Planning Commission voted to deny the request. for a height variance of 39 feet 5 inches for a new two story single family resj-dence. The applicant appealed to council. Two letters were received today in favor of the project. She responded Eo Coun- cilwoman Knight's questions regarding FAR, about why this project did not go to a Planning Commission study and her desire to see more informaEion on existing structures on the property. Coun- cilman Pagliaro asked about declining height measurements. Councifwoman O'Mahony noted this application was received April 5 and was not subjecE Eo the new FAR rules. Mayor Harrison opened the public hearing. The applicant said he had lived in the city for 15 years and has five children, needslarger home; he introduced his architect ,Jerry Deal-. Deal- ex-plained a variance is a method to a11ow building on lots that have exceptionaf circumstances whi-ch preclude development within eslabl-ished standards; he fel-t this l-ot had exceptional circum- stances; because of the upward slope of this l-ot it is difficuft to buil-d a home under 35 feet in height when measured from thecurb. He said the ex.isting house and the house to the north wouLd need variances to be built today. His client is willing to reduce his roof to the same height as the two story house next PRESENTATION OF PROCI,AMATIONS TO STUDENTS TRAVEI,ING TO AUSTRALTA Mayor Harrison asked teachers Barbara Delbon and Kris Cannon to introduce sLudents and te1l about their upcoming month-1ong trip t.o visit eight cities in AusLra1ia. The mayor presented eighE proclamations to them Lo present to each city's officials. MINUTES s59 door. Councilman Pagliaro asked about footprint of buildi.g; Deal said it was 34.1' percent where 40 percent is allowed; Deal illustrated how the roof tine could be reduced in height; he showed overheads of plans and sl-ides of houses in the area with slopes and nonconforming height; he responded to objections in a let.ter from a neighbor to the Planning Commi-ssion; noted proposed FAR is less than could be built under new law; he thought pro- posed height was about the same as neighbor house. Councilwoman Knight asked if there was room in attic to expand house; DeaI said attic area might be used for storage but is not walk-in height. Richard Hoskinson, 1915 BroadwaY,project; commended the architect type of change for improvement. said he was in favor of this and owner; liked to see this Speaking in opposition was Charles Penner, 1-364 Bernal, across the street from project; he said the 1ot.s across the street from project are not downward sloping lots as the architect claimed; he felt there was no justification to exceed code; project adds mass and bulk and needs a variance to buiId. He requested council denial. Michael Bates, ]373 Bernal, next door to site; said the building is sited forward of the l-ot and it will obstruct his view of the neighborhood; was concerned about the large retaining wa11 needed to buil-d below grade garage, and hoped there was a fence around it; t.his is a terrific neighborhood with a nice mix of houses, this proposal is too big; he hoped council would deny. Mayor Harrison closed the public hearing. Councilman Pagliaro considered a variance should be for something exceptional about a property; as this project is proposed he could find nothing except,ional; he suggested they reduce the height by changing angle of roof and adding dormer windows; they could move the house back on lot to reduce effect on neighbor; could increase the footprint to compensate for reducing height; he suggested denial without prejudice. Council- members agreed. Councitman Pagliaro moved to deny without prejudice. Seconded by Councilman Lembi, carried unanimously by ro11 call vote. PUBI-,IC HEARING - ANIUSEMENT PERMIT FOR DICEY RII-.,EY I S IRISH PUB AT 22]- PARK ROAD City Attorney reviewed his memo of May 19, 1-993 which recommended council hold a public hearing and take action. The owners of Dicey Riley's Irish Pub (formerly the PoIo CIub) plan to offer traditj-onal Irish music and modern karaoke sing-a1ong. Police report the prior owner has not had any problems. The karaoke equipment was instal-l-ed and used by previous owner. Planning department expressed concern about parking and noise, but since there have been no problems with a similar use, he recommended approval for a 90 day period, then placement on the annual review list for amusement permits. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilman Lembi moved approval of an amusement permit for Irish music and karaoke singing. Seconded by Councilwoman O'Mahony,carried unanimously by ro11 call vote. PUBLIC HEARING - AIVIUSEMENT PERMIT FOR CASA NOSTRA RISTORANTE AT 327 LORTON AVENUE City Attorney reviewed his memo of May 26, l-993 which recommendedcouncil hold a public hearing and t.ake action. The operators of Casa Nostra request an amusement permit for band music designedfor an older audience, stand-up comics and limited karaoke. Theypropose hours from 8:00 p.m. to L2:00 Wednesday through Saturday.Planning note possible parking and traffic impacts, particularlywith the billiard club which was recently granted a parkingvariance and approved for across the street from this location;they also note previous complaints about noise from a previous s60 tenant (Banyan eay). He noted Banyan Bay was principally a night club while this current business is a family style restaurant. Planning recommended hours be reduced to 11:00 p.m. on Wednesday and Thursday. Po1ice report no problems and recommend approval. He recommended council grant the permit for a period of 50 days, by then the city can evaluaLe the noise, traffic and parking impact and if there are no problems the restaurant can be placed on the annual review list. Councilman Pagliaro said the appli- cant's letter also mentioned an amateur night. Mayor Harrison opened the public hearing. Since there were no comments, the hearing was closed. Councilwoman O'Mahony expressed concern because of the former problems city experienced at this site under previous owner. Councilman Pagliaro worried about, parking with the billiard club also going into the area. Councilwoman Knight was concerned about amplified music and adjacent residents, she could not support this request. Council-man Lembi noted this is a family style restaurant, he was willing to give it a 50 day trial; parking at night has not been a problem. Council discussed possible condition about litter pickup but noted this is not a take-out style restaurant, perhaps a condition to keep exterior perimeter of site clean. Councilman Lembi suggested staff write l-etter to applicant about council's concerns. Councilwoman O'Mahony moved approval of the amusement permit with conditions: (1) permit is for live music and dancing, comedy acts, karaoke and an amateur night from 8:00 p.m. to 11:00 p.m. Wednesday and Thursday nights and from 8:00 p.m. to 1'2:00 mid- night Friday and Saturday; Q) there be no amplified music that can be heard off the property; (3) the perimeter of the property be kept clear of litter; (a) the permit be reviewed in 60 days. Seconded by Councilman Lembi, carried 3-2 on rol-l- call vote, Councilmembers Knight and Pagliaro voting no. PUBI-,IC HEARING - SECOND READING - ORDINANCE 1-485 - EXEMPTING LIONS HALL FROM SMOKING REGULATIONS City Attorney reviewed his memo of April 20 which recommended council hold a public hearing and adopt the ordinance. Council recently determined to exempt the Lions Ha1l, a city owned building, from the new smoking regulations. Mayor Harrison opened the public hearing. GIen Mendel-son spokein opposition. Leonard Ma, President of the Lions Club, spoke infavor; noted the hal-I is rented out to private parties which might want smoking at t.heir events. The hearing was closed. Councilwoman O'Mahony moved to adopt ORDINANCE 1485. Seconded by Councilman Lembi, carried 4-1 on ro11 call vote, Councilwoman Knight voting no. Mayor Harrison cal1ed a recess at 9:10 p.m. The meeting recon- vened at 9220 p.m. with all members present. PUBL]C COMMENTS Terry Huebner, 1,708 Davis, spoke about concerns about PeninsulaHospital; she wondered where our hospital tax money is going; concern about merger of Penj-nsula with Mi11s, a private hospital; concern about hospital board meetings being open to the public; she asked council to work with Mil-lbrae and San Bruno council'sregarding the citizenst concerns about losing their hospital. Mayor said he wrote to the hospital about these concerns.Christina Bruno, 1508 Davis, also had concerns; Mi1ls-Peninsula has a parent company called California Health Care System whichalso owns several other hospitals; are they all going to merge; who owns t.he land; concern about the open meeting 1aws. Glen Mendelson, 475 Cumberland, asked about some legislati-on; Mayor informed him that council had already contacted legislatorsabout support for these biIIs. Mendelson thanked council. 561, Karen Key, 141-2 Drake and Chamber of Commerce representative, spoke regarding the SamTrans letter, she noted they did not inform t.he hotels about this bus line when advertising; discussed shutt.l-e application. City Manager suggesEed chamber writ.e letter to SamTrans about their concerns. ANNUA! RENEWAL OF zu,1USEI4E][T PEBIIIJTE Cj-ty Attorney reviewed his memo of May 21 which recommended councif renew al-I amusement permits for one year. In ,June each year we review all amusement permits to deEermine if there are any problem establishments. Comments usually come from the Pol j-ce Department and this year they recommend renewa] of al-L permits for one year. There are L5 esEablishments which had amusement permits due for renewai. Police reported the number of hazardous caffs has dropped for the Ehird year in a row. Council-woman Knight moved renewaL of the 15 Amusement PermiEs for one year. Seconded by Councilman Lembi, carried unanimously. COMMI SS ION APPI.,,ICATIONS City Manager reviewed his memo of 'fune 3 which recommended council schedule interviews for two applicant.s for the Civil Service Commission and for five applicants for the l,ibrary Board. Mayor Harrison and Councilwoman Knight are t.he int.erview team for Civif Service; Mayor Harrison and Councilman Pagliaro are the team for l-,ibrary. Council asked staff tso schedule interviews before the next regular meeting. MER S AND LIONS CI,UB WINE AT BROADWAY FESTIVA],, .TULY 31 AND AUGUST 1, ].993 Cit.y Manager reviewed his memo of May 15 which recommended council consider the requesE from t.he Broadway Merchants to hol-d t.he seventh annual Broadway Street Festival- on July 31-August 1. The request differs from prior years in that (1) all streets crossing Broadway are to be cfosed and (2) beer and wine sal-es are requested for two groups (last year only the Lions Club sold beer and wine) . The polj-ce department met with the organizers and recommend approval subject to conditions listed in their memo including Ehe hiri-ng of five off-duty pofice to be paid by the organizers. Ednamae Campanile, applicant, said Ehey woufd fike to cl-ose Broadway at California Drive to give better access to the Stana- way parking fot where they plan a "restaurant row, " they wouldalso like to request one less police officer and the officers work l-ess hours to reduce Ehe cosE to Ehe organi.zation. Police Chief was opposed to closing Broadway aE California because it woul-d lead to confusion at this very busy intersection. SEaffillustrated how t.he organizers could barricade half the street togive access to the parking lot without closing at. Broadway.Police Chief said merchants and Lions would spIit. t.he cost of thepolice officers; Campanile said the Lions would only have t.o pay for one officer, she noted the merchantss beer and wine boot.h would be on the street by the Stanaway parking 1ot., the Lions woul-d have a booth closer Lo the other end of Broadway. Councilwoman Knight said she would not support this request because she sti11 feft as she did last year t.hat. people canbetter enjoy liquor in the bars and restaurants on that streeE;there were no problems last year wit.h alcohol sal-es, but withanother booth there is potential for problem. Council-man pagli- aro al-so had problems with selling al-cohoI on t.he street but because there were not probfems fast year and because of theextra police coverage he coul-d approve it. Councilman Lembi not.ed last year there were people who spoke against this but noneare here tonight; he thought there could be fewer police hours t.oreduce the cost for applicants. There was lengthy discussion ofvarious hour configurations for police patrol, Councilwoman OrMahony moved t.o approve this request with conditions l_isted anddiscussed tonight, addit.ionall-y that police work out. way Eo 562 reduce hours. Seconded by Councilman Pagliaro, carried 4-1 on ro11 call- votse, Council-woman Knight voting no. CONSENT CALENDAR Regarding I'a n Counc j-lman L.,embi commented he was pleased Lo see this ordinance to require spacing between newsracks. Regarding "1' Council-man Pagliaro asked about the height and parking for condo project at. 1499 Oak Grove; council members had questions regarding exit requirements and the securitsy gate; about timing of tshe construction work around the efementary school's student arrival- and departure hours, noting this should be based on a conversation wj-t.h the principaf and noEed on the building permiE; and asked Public Works to be sure about two hour fire wal-fs. There were a couple inquiries about items under "nrr Warrants and Payroll . Councilwoman Knight asked communj-cation with those residents in Burlingame Hifl-s regarding ucu the fire conEract. INTRODUCTI ON F ORDINANCE 1.486 - REGU]-,AT NG SPACING OFa b. NEWSRACKS City Attorney's memo of May 18 recommended council introduce this ordinance and set hearing on ,June 21. our current ordj-nance does nothing about the grouping or disEance be- tween free-standing newsracks. There are several- l-ocaEions where there is a virtual walf of racks. This ordinance would require separation of 35 inches beEween racks and limit groups to a maximum group of four racks. RESOLUTION 328-93 -AMENDING,JOINT POWERS AGREEMENT WITH c C/CAG FOR STORM WATER CRITERI A. (NPDES ) Cj-ty Manager recommended approval of a proposed amendment. to the ,JPA to give C/CAG responsibility for managements of t.he State and federally mandaEed storm water program as outlined in a letter from c/cAG chair dated May 5, 1993. RESOLUTION 33-93 - REVISING C RACT WITH COUNTY FOR BURI,IN. d GA]VIE HILLS lRE SERVICE Public Works memo of May 7 recommended agreement with Testing Engineers in the for testing and inspection service. council amount approve thj-s of $19,s00 f Publj-c Works memo of l4ay 26, 7993 recommended council accepL this job as completed by General Lj-ghtj-ng Service for a fj-nal cost. of $22,870. g. EMERGENCY REPAIRS OF SEWER LINE AT 21 EL OUANITO - CP 9305 Public works memo of May 28 informed council- that on April- l.4, 1-993 sewer crews responded to a sewer overflow to the rear of 21 Ef Quanito. They found a landsl j-de condition had e City Managerrs memo of May 11 recommended council approve this revision for primary fire protection and emergency response Eo the Burlingame Hi11s area, Annual- revenue to Ehe city for providing services will increase from $15,000annually Eo $74,500 plus growth in future assessed val-ues. RESO].,,UT]ON 34 - 93 - AUTHORIZING AGREEMENT FOR TESTING AND INSPECTION SERVICE FOR THE 1993 STREET RESURFACING PRO'JECT - cP 2L7 RESOI-,UTION 35-93 - REVISING CITY CONTRIBUTION FOR RETIRED EMPLOYEES I HEAI,,TH ]NSURANCE Personnel's memo of May 6, f993 recommended council adopt a resolution increasing contributions to retired members' hea1tsh insurance effective August. 1, 1993. The estimated costs of retiree health insurance in l-993 is $421-,000. RESOLUTION 36-93 - ACCEPTING COMPLETION OF WASHINGTON PARK BA].,,I,,F I E]-,,D I-,]GHTS - PHASE 2 - CP 9216 s63 h. occurred, whj-ch shiftsed the sewer pipe out of a1j-gnmenE and breaking the pipe as well as damaging an existsing redwood deck. Ten residences upstream use this sect.ion of sewer Iine. The City Engineer evaluated the site and ordered a t.emporary sewer be constructed, A geologist was contacted t,o determine the potential for future slide and recommended t.he sewer be abandoned and rerouted. On May 2 staff pre- pared plans and specs to reroute the sehrer into the streeE area and submiEted these to six pipeline contractors ap- proved by staff who were available for emergency repaj-rs. Bids were opened May 2l and t.he low bidder was Manuel C. ,Jardim, Inc wiEh a bid of $25,742. AddiEional projects will be required to reroute two more houses. FA E TRANSPORTATION PROGRAM CON l- ]TY IMPROVEMENT PROGRAM FOR BRIDGE Public Worksr memo of ,June 2. 1993 recommended council adopt three resolut.lons approving applicatj-ons for federal/staEe funding under the ISTEA and approving requirement for match- ing city funds. City projects submitsted for ISTEA funding are Trousdale, Skyline, and California Drive repaving, Rol l ins /Cadi1lac/freeway signals, AirporE B1vd. reconsEruc- tion and Beach Road bridge; for TEA funding, Airport Bl-vd bike/ped l-anes and reconsEruction and Beach Road bridge; and for RTSOP funding, the Broadway traffic signal j-nterconnect from Californj.a to Rol-l-ins and the Bayshore Eraffic signal interconnect from MiEEen to Mahler. ProjecE.s recommendedfor funding by MTC are the Beach Road bridge and t.he Broad- way traffic signal interconnect. CiEy matching funds total- $38,000 for t.hese two projects. D ENIAL OF C LAIMS: (1) SANDRA TRAUB; (2) WILLIAM SCOTT AND BYRGAN INC. City Attorney's memos of recommended council deny May 26 and May 17 respectively, t.hese claims. J SPECIAL ENCROACHMENT PERMIT FOR FLOWER RACKS ON WALL AND A ROLL.UP GATE AT 303 PRIMROSE ROAD Public Worksr memo of May 28 recommended council approve thepermit. wit.h standard conditi.ons and two additional condi-tions that flower racks be removed at end of each day andthat t.he gaEe be removed and placed inside structure whenthis use ceases. TEN TATIVE PARCEL MAP TO COMBINE TWO LOTS AT 1017 AND 1025k I ROI-,I,INS ROAD Public Works' memo of ,June 2 recommended counciL concur withlhe Planning Commission and approve this tenEative mapsubject Eo condiEions. RESOLUTION 3 7 _ 93 - APPI.,,YING FOR FUNDS FOR TRANSPORTATION ENHANCEMENT UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 FOR BEACH ROAD BIKE/PED BRIDGE; RESOLUTION 38-93 - APPROVING APPI,ICATION FOR FUNDS FOR REGIONA].,, TRAFFIC SIGNALIZAT]ON/OPERATTONS PROGRAM (R-TSOP) ; RESOLUTION 39-93 - INTENT WITH REGARD TO CITY FUNDS AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AND TENTATIVE CONDOMINIW MAP FOR 16 UNITS AT 1499 OAK GROVE Public Worksr memo of ,June 2 recommended council concur withPlanning Commission and approve these tentative and final maps and tentative condo map, This project was originally approved by the PJ-anning Commission and council in 1990 andthose maps have expired; the only change is to add dj-sabledaccessible parking and other minor code revisions. 564 m TENTATIVE CONDOMINIUM MAP FOR SIX UNITS AT ]-13 ANITA ROAD Public Works' memo of ,fune 2 recommended councif concur with the Pl-anning Commission and approve this map subjecE tso the condiEion of submit.ting final map wj-thin 30 days. WARRANTS AND PAYROLL Councilman I-,embi moved approval of the Consent Calendar' ed by Councilwoman Ihight and carried unanimously. n c/CAGt Councilman Pagliaro reporEed letter from Airport Director Turpin. second thoughts about their approval Mayor Harrison commented on the employee dismissal and the need E ions . Finance Director recommended approval of warranLs 26274 26740, duly audited, in Ehe amount of $1,20L,084.74 and Payroff Checks 55855 - 56599 for the month of April 1993 the amount of $1,149.11-5.13. Second - on the recent meet.ing and a some cities are havingof tshe Airports MOU. Civil- Service discussion of an for improved employee evalua- l-n COUNCII, COMM TTEE REPORTS Legislative Committee, Criminal ,Justice and TSM Board: Council- woman Knight told about recent legisIatsive, criminal jusEice and TransportsaEion Syst.em Management Board (TSM) activity. Emergency Services and Airports RoundtabLe: revi.ewed activi-ties on these bodies. Councilwoman O ' Mahony NEW BUSINESS Mayor announced our eity would hosE the nexE Council of Citsies meeting and he hoped all council members would atEend' He asked the Traffic Commission to l-ook at intersecEion of North Lane and Carolan going north j-n tshe left turn l-ane. Mayor announced Radisson has taken over the sheraEon Hotel sj-te, they are doing extensive renovating and he asked staff to cooper- ate with their request to cover the Sheraton sign wj-tsh a Eempo- rary sign while they awaiE new signage. Councj-I members said they would l-ike to see what Radisson is proposing. Councilwoman Knight asked the Traffic Commissj-on to look at trucks parking on Rollins and blocking sighE. line from driveways. ACKNOWI.EDGEMENTS Commission Minutes: Senior, lqay 29: Park and Recreation, May 20; Traffic, Safety and Parking, May 13; Library Board, Aprj-1 20; Civil Service, April l-3; Planning, May 10 and May 24, 7993 . b Department. Reports: 1993. Treasurer, April 30; Police, April Procl-amation: Honoring Sj-ster Amy Bayley on her Retirement from Mercy High School . Letstser from Samtrans regarding bus routse 34D and shuttle. Letter from SAMCEDA regarding traffic management. Letster from Burlingame Homeowners speak at their meetings. asking for city staff to d f City Manager explained an earlier letter was received t.oo l_atefor acknowfedgement on the last meeting agenda. Councifwoman O'Mahony would l-ike service to extend to communit.y during workinghours and available equally to all residents. CouncilwomanKnight said a Bill Reil1y, Fire Marshal, explained the roofing a 565 g h 1 laws t.o that. group, the presentation was well received and there was benefit from having more factual information. City Manager noted he did not want to subject, staff to situations where they would be asked to address policy issues, Lf a request comes infor a part.icular topic such as the benefit of fire retardantroofs and staff is wi11ing, he would approve the request or cometo council for direction. Letter from Peninsula Habitat for Humanity regarding build- ing Iow-cost housing if city donates 1and. Letter from Marilyn Short regarding her previous letter. Letter from Elizabeth Carlson regarding traffic on Bays- water. Letter from Mrs. Huebner regarding Peninsula Hospital. Mayor noted she spoke earlier in the meeting. I-,etter f rom Belmont resident upset for parking meter ticket. Letter from Matt Nassiri, Precision Dental, regarding traf- fic hazard on Ro11ins. CLOSED SESSION Mayor Harrison adjourned to a closed session on labor negotia- tions at 10:45 p.m. ADJOURNMENT The meeting was regularly adjourned at 10:58 p.m ) k I 'Judith A. MalfCity Cl-erk ri \r \-