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Home My WebLink AboutMin - CC - 1992.05.18380 BI'RIJINGANE, CALIFORITIA l,lay 18, 1992 CALL TO ORDER A duly noticed regular neeting of the Burlingame City Council washeld on the above date in the city Hall- council chambers. Theneeting vras calted to order at 7:31 p.n. by Vice Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG Pledge was Ied by uillbrae councilman Frank cannizzaro. ROLL CALL COTNCIL PRESENT: HARRISON, KNIGI{T, LEMBI , O rl,lAIIONy COUNCIL ABSENT: PAGLTARO MINUTES The ninutes of the Regul-ar Meeting of May 4, t9g2 were approvedon rnotion of Councilwornan OrMahony, seconded by Councilmin f,enbiwith a change on page 3 to sho!, the Airport Roundtable voted rto reeval-uate the feasibility of airport passenger facility charg-es.rr Councilwoman Knight asked that the phrase ttand it would becontinuedrr be deleted on page 3 at the senior ]unch programdiscussionl her concern was not to confuse the comrnissi5nrsdirections; other council rnernbers did not want phrase removed.Counci-Iman Lernbi asked the City Clerk to researth to deterrninethe council direction to Senior Cornrnission a couple months ago;he thought they were to look at possibility of different vendorsfor the lunch program, not rrhether to continue the program. NV ITORS PDAT Vice Mayor Harrison noted the presence of MiLlbrae CouncilnanFrank Cannizzato, President of the convention Bureau, and theBureaurs Director John Steen. Canni.zzaro reviewed the value ofthe visitor industry to the area; the increasing work toad of theConvention Bureau; new programs the Bureau has established; heasked council to rnake various associations they belong to awareof conference/neeting space availabj.lity in our county. steentold about the World Cup Soccer games coming to the B-y Area in1994i there will be 2.6 billion people watching these gamesworldwide giving our area a 1ot of exposure ana fringing inconefrom hotel tax to Burlingame; he distributed a flyer on fundingof the bureau. Council- thanked thern for the presentation. APPEAL FOR HT I,LSIDE AREA C ONSTRUCTION PE IT FOR FIRST AN D SECOND ION SI]MMI UPHO NG CO city Planner reviewed her memo of May 7 which recornnended. councilhold a public hearing and take action. The applicant, KamFauladpour, and the property or.rner, Adib Iss Khouri, are request-ing a hillside construction pernit in order to make a g35.5 footaddition to the first floor and add a t,'177.5 square foot secondfloor to the existing 2,985 square foot one stoiy single familyhouse at 2700 Sunmit Drive. The rernodeled house will be 5,598sggqg feet (a 114 percent increase in size) and the lot coveragewiLl increase from 2L percent to 27 percent. The planning Commission voted unanimously to deny the request at its rnletingof April 27, noting the proposed addition would definitely b1o-kviews. Two letters in opposition were received after prelarationof the staff report from Robert and Mercedes Courti,ng, l-2 EIQuanito, and from Bob and Martha Tomich, 2705 Surnrnit. Vice MayorHarrison asked about the need for a permit for a satellite dislrantenna installed at the home. Vice Mayor Harrison opened the public hearing. 381 Jack Khouri, son of the property owner, said his fanily needs theaddition for the five children in the fanily; his nother visiteda neighbor L/ho had no objection to an addition at the tirne, nowthe neighbor has circulated a petition in opposition; one person who signed the petition has changed his mind; Khouri thought nanypeople signed lrho would not be affected by this addition and liveseveral blocks awayl there are other two story homes in the area;the addition would enhance the area and raise property valuesl Mahnoudi horne is 30 feet away and rrrould not be affected by shadow; they are willing to negotiate with neighbors; Reinan would still have sone view; they are trying to make a substantial investment in the city; he urged approval. Council asked if they were aware of the view ordinance when they purchased the horne;Khouri said they were not aware. Dolores Rieman, 2705 Summit, said the second story addition wouldblock views frorn rnany rooms in her home; it violates the viewordinance; $/hen the lnother came to visii about an addition shesaid it would be one bedroom over the garagei 8l- people signedthe petition in opposition and many were in the audience tonightto express opposition, she asked thern to stand; she urged councilto uphold the Planning Commissionrs denial. Robert Courting, 1,2EI Quanito, said the addition erould loom over his home lrhich isdirectly downhill from the addition. Mj-chelIe l"lahmoudi, 3 Kenmar, said her distant view would be obstructed and the patio e/ould be shadowed, second floor would look directly into herpatio. Stanger, 2700 EI Prado, said the house would stick outlike a sore thumb and infringe on the neighborhood; if they needed a bigger house, they shoul-d have bought a bigger house. Khouri emphasized they want to be part of the comrnunity; if aperson walked up Sumrnit he would see lots of two story homeslthis addition vrould not be too different. Vice Mayor Harrison closed the public hearing, Council, conplirnented the applicant and the neighbors for thecivil and courteous presentations; in councilts opinion theadditions woul-d block long distance views; intent of the hillsidepernit ordinance is to protect viewsl the applicant has viablealternatives, they could add onto rear of hone; any addition is a change but single story would not be such an irnpact; both the Rieman and Mahmoudi hornes vrould be affected. Council$/oman Knightthought councj-l- should consider some type of nass or bulk ruleIike the declining height ordinance for the hillside area. Councilnan Lembi moved to uphoJ,d the Planning Cornmission decisionto deny. Seconded by Councih^/oman Knight, carried 4-O on roIIcall vote, Mayor Pagliaro being absent. REVTEW OF CO NDITIONAL USE PERMIT FOR EMBALMING D REFRIGERATION HOIJDTNG FACILTTY AT 1280 ROLLINS ROAD - DENIED city Planner reviewed her neno of May 7 which reconnended council-hold a public hearing and take action. William Scott, applicant, and l'lells Fargo Bank, trustee for the property oqrner, are re-questing a conditional use perrnit in order to use a 3,325 squarefoot erarehouse for an ernbalrning and refrigerated holding facilityat L280 RoIIins Road. The facility would be used to embalm humanremains prior to delivery to the airport for shipping or forrefrigeration prj-or to cremation at a l-icensed crernatory. Theapplicant plans to use the first floor for refrigerated storageand embalning, and the second floor for office and storage use.Six parking spaces are required and provided on site and land- scapi-ng requirements are met. The business operates 24 hours aday, seven days a !'reek; there would be four or five employees,but none are fu1I time; four vehicles would be stored on site. Because of linitations placed on the subdivision map for thissite, there is no direct access to Rol1ins Roadl access isthrough a 20 foot easement across the rear of property at 1304- 1316 Uarsten to Nerli Lane (a private road). The applicant would have to enforce the easement use, This application requires asewer discharge perrnit because of chemicats used and vrould 382 vice tlayor happened in response byof its citi require regular fire and health inspections. She reviewedconditions for approval with further clarifications for councilconsideration. city Planner responded to council questions aboutinstalling curb cut and access throuqh the vacant lot adjacent, and about the hone occupation license. vice uayor Harrison noted he ca1led this iten up for review up because of concerns about problens the applicant had at a previ- ous s ite in San l,[ateo ; he presented copies of san l,lateo rrarrantfor inspection and staff a report regarding illega1 operation of a mortuary in that city; Scott had denied the City of San }lateors enforcement officers access for an inspection of the premisesl eventual inspection found electrical, fire code, and plunbing code violations, as well, as doing business without a license and no required zoning conformance; it showed a definite lack of obeying rules and regulations in that city. Vice Mayor Harrison opened the public hearing. Mike Coffey, representing Wells Fargo Bank and the property owner, said the Planning Commission passed this request unani- mousl-y and Scott vJould meet aII conditionsr' there $rere no objec-tions from neighboring businesses; this is not a funeral hone, itis a business for preparing bodies for transportation to burialsites or to a crernatory; the business saves a farnily considerable expense over traditional funeral home; the San Mateo problems donot apply herer' Scott felt if San Mateo does not want his busi- ness and he already has a home occupation business in Burlingame,he would nove his operation to Burlingane; they have use of theNerli Lane easenent for access to the site; he urged approval.Harrison thought it was appropriate to review what San Mateo; there were code violations and a tack ofScott; council must provide for the gTeneral welfare zens and we have smal-ler staff and Less tirne and rnoneyty of San ltateo. Coffey said he understood thethey lrould meet all conditions. councihronan Knightott left San Mateo voluntarily or was he forced toey said Scott had negotiated this Burlingarne leases6 in San Mateo. council,wonan otMahony noted our citystaff is not large and there would be numerous inspections andoverseeing required for this business; there also was Iack ofcompliance by Scott getting his original business license in ourcity in 1978. Willian scott, 2020 Easton, explained the problem with the siteinspection in San Mateo lras because the code enforcement officer rnade a couple appointments and never showed up; then she finally came and was an hour late; he had made some minor electricalrepairs and was not a$rare of need for a pernit. He reviewed thehistory of the Brygan business, he was Licensed by the State in1975, originally located in Belnont, then noved to San Mateo and had his office in his home in Burlingame; he has a refrigeratedunit with portable wa11s; he did not have business l-icense in San Mateo because he considered he did his business fron Burlingarne;he disagreed with being described as a rnortuary, he does not conduct servj-ces r' the operation in San Mateo was just a holdingfacility; eventually he would plan to move his business office from his home to the Rollins site. Mr Nalebuff, L?OL Mil1s, expressed concern there might be toxic wastes and odors associated with this business. Ron Karp, Iiveson Easton, said Scott has several cars parked at his home, he hoped aI1 business cars would be stored at the Rollins site. Coffey rebutted, toxic wastes are carefully regulated; this is adignified business; there is arnple parking at the site for business cars; Scott has been in Burlingame for many years. Vice Mayor Harrison closed the public hearing. Council discussion ensued; rules regarding business vehicles at home occupations; requirement for parking at Roll-ins site; the than the Ci concern and asked if sc leave r' Cof f before expo 383 Planning Commission had not had the infornation council hadreceived from the City of san Mateoi the applicant ignored anabatement order from that city. Councilwoman Knight moved toreverse the Planning Cornmission and deny the request based onrecords submitted from the City of San Mateo and other councilconcerns nade this eveni.ng and concluded she felt the businesswould be detrimental to the health and welfare of citizens ofBurlingame. seconded by council.woman OrMahony. Councj-lman Lembisaid he would abstain from vote r. the notion carried 3-0. CityAttorney said he would prepare a resoLution of denial for adop-tion at next rneeting. WEED D RUBBTSH ATEMENT ING RESOL ION 41-92 0 ERING DESTRUCTION OF WEEDS AND REII{OVAL OF RUBBISH Public works Director reviewed the nemo of May 13 which recom-mended council hold a publ-ic hearing and then approve the resolu-tion orderinq destruction of weeds ind rubbish. ^on Aprif ,ocouncil approved the resorution declaring such weeds ind rubbisha nuisancel staff has posted lands to be cleared wj.th notice oftonight's hearing; he presented a list of G9 properties, three ofwhich have al,ready been creared; after adoptiin ^or trris'...or,r-tion staff will arrange for renovar of wee&s and rubbish whichwi1l take three or four \^/eeks, during that time ttre proleriyos/ners wiLl have tine to clear the pioperty themselvasr.'ir trreydo not clear the property and the city- does so, the cost wilt beattached as a lien against the properly. councilman Lernbi asked about weeds at 999 Howard; counci-rwomanKnight inquired about the posting procedures and clearing pro_cess; Councilwoman orMahony said weeds need clearing in ifieys atBernal and Hi11side, Director said the city would u6 creiiingweeds from al1eys and will hj,re students for tnat sunmer woiX. Vice tlayor Harrison opened the public hearing. Martha Na1ebuff, 1201 Mil].s, said her property was postedbecause -of a city sidewalk project, thl city'! co"ti""ioi f"rtsand and debris on their property, killing tfr" ivy u"a i. "-result.ereeds grewi she has been unable to get the contractor tocLear it. Staff will follow up with contractor. Vice tJtayor Harrison closed the publ j.c hearing. Councilwoman OrMahony moved adoption of RESoLUTION 4\_92.seconded by councirrnln Lernbi, cirried u""ni."u.iy- ny-volce vote. SE ND ING RDINAN E 1459 -AMEND ING BUS INESS L TCENSE CODEANDFEES,DDING DEFTNI rONS ADDI S REV TAX FORG GROS ATRP ORT PARKT NG FACT LITI ES city Attorney revi-ewed his neno of April 27 which reconmendedcouncil introduce and adopt this ordinance to raise tne giO'business license taxes g2s on JuIy L, 1992 and another $js onJuIy l-, 1993,. raise other fees and charges =iriiaiiy;-"ii-.'spercent gross revenue tax on airport paiXing facifities; consol-i_date several secti-ons and crarify sornl proc6dures; some technicatcorrections have been rnade since- introdirction ana'were-in"i"a"ain report. councilwoman Knight asked how ttris oraini"c.- wo,rraaffect the new airport parking facility at the drive_in siteylr9h was recently approved by pJ.anning Commission. It was notedthat the applicant had been informed oi ttri. p"=.iUif,i[y.-- Vice Mayor Harrison opened the public hearing. There being nocomments, the hearing was closed. council-Lronan oiMahony moved adoption of oRDTNANCE r,459. seconaledby Councilman Lembi, carried uninimously by voice vote. vi;"Mayor Harrison said he wished l{ayor pagiiaio ,i= irere-io =1" tni..adopted because he had been shepirerain! the airpoit puiti"g-t""j-ssue for a couple years. NG - ORDINANCE 1460 - AIi{ENDIN DEFINITIONS AND REORGANI ZING S ECTIONS CONCERNING WINDOWS AND SIMILAR ARCHITECTIJRAL FEATIJRES IN RESIDENTIAL DfSTRICTS, AND REMOVING VARTOUS SUPERSE ED AND OUTDATED SECTIONS city Planner reviewed her memo of May 8 which recommended council hoLd a public hearing and take action. At the April 13 Planning commission neeting, the conrnission reviewed these proposed changes to the zoning code and recommended some additional changes which are incorporated in the ordinance sent to council; structures over 30 inches in height would be counted in lot coverage; in some cases, greenhouse and bay wi,ndows would be excepted from side and rear setback requirements; all items referring to districtrs regulations are now included in each districtts section, rather than having to refer to other sec- tions; parking is stil.l a separate section; sone sections lrere found to be better covered in fire or building code regulations, so were rernoved frorn the zoning code. Sorre editorial changes and two typos were noted in the ordinance after introduction and have been corrected in this report. vice Mayor Harrison opened the public hearing. There being no comments, the hearing was closed. councilman Lembi moved adoption of oRDINANCE 1460. Seconded by Councilwornan Knight, carried unanimously by voice vote. ALOFl ITY BUD city Manager reviewed the budget docurnent I the total budget is 929,786,164; the general fund is up 3.4 percent over last yeari water and sewer enterprises are up 5.6 percent; capital Improve- ments decreased 66 percent, this is the sma11est Capital Improve- nent budget in 14 years. The total budget is down l-9.4 percent frorn last year. The financial outl-ook is very uncertain but hopefully Lhe state has turned the corner on the recession. The budget study session is June 3 and council assignnents for departrnent budget reviews have been made by the llayor. CONSENT CALENDAR Regarding (g) amending the civil Service Rules, Vice Mayor Hairison continued it to the next rneeting so the Mayor could participate in this decision; regarding (b) councilwoman orMahony isked about the painting of the deck and the bids received, City Attorney reminded council the city must accept the lowest bid; regarding (f) councilwoman otMahony asked the Director of Public woiks to explain the 10 percent increase over bid amount awarded I Director told of the contractor finding old non-functioning water lines which $rere not mapped and had to be removed and other changes that increased the costs. Councilwoman Knight asked when oak Grove IrJouId be resurf aced I Director said ,luly. a SO 434 DS -DE CAG AG city Manager reconrnended council adopt the resolution desig- nating c/cAG as progran manager as required by state law and as requested in the c/cAG letter dated April 29. b oN 43-NG CO OVIN I ERTY I TI STATI oN 35 o UTIO Fire chiefrs memo of May 6 recommended council award the contract for painting the fire station aE 2832 Hillside to san Mateo Painting company in the amount of $7,160. c AND AME OF ABAG PLAN AGREEMENT city Attorneyrs nemo of May 7 reconmended council approve -agrLernents with egac for joining the ABAG PLAN for lj-ability 384 385 insurance effective July 1, L992i on that date ABAG is alsoinitiating a property insurance progran which will give thecity greater coverage as less cost with dividends to further reduce costs in future years. d. RESOLUTION 4 5-92 AWARDING NTRACT FOR 1992 STREET RESI'R- FACING - CP 121 Public works neno of tiay 11 recommended council award thiscontract for street resurfacing to Bortolotto & Co.in the amount of $281,676.05. e RESOLUTION 46-92 AUTHORI Z I G AGREEMENT FOR INSPECTION & f TESTTNG S ERVICES FOR 1992 STREET RESIJRF CING - CP 1,21 Public Works memo of May 12 recommended council approve an agreenent with Testing Engineers in the amount of $9,700 fortesting and inspection of the street project. Public Works nemo of ltay 1project as completed by Pe $407,365.94. ecommended counciL accept thisipelines for the arnount of 2r UP g h CIVIL SERVICE RULES - CONTINUED MILLS CANYON TREE REPLACE}IENT PROPOSAL Park Directorrs nemo of l4ay L3 recommended council approvethis proposal by residents of MiIIs Canyon Court to replace 21 pine trees with fire resistive shrubs and ground cover;aII work to be under the direction of the Park Department and residents paying for removal of the trees and replace- ment plant rnaterials. I WARRANTS D PAYROLL Finance Director recommended pa)rment of Warrants 20669- 2lLL9, duly audited, in the amount of 9757,694.05 and Pay- ro11 Checks 45939-46772 for the nonth of April 1992 in the amount of $949,2o4.44. t ARCHLOUS SOUS City Attorney menos recommended council deny these claj.rnsfor (1) pedestrian/auto accident at carmelita and Californiaand (2) auto struck by street sweeper. ENCROACHME N T PERMIT FOR SUBSURFACE BARRIER WALL AT 850 j k STANTON Public Works memo of May 11 recommended council approve thisspecial encroachment permit for a subsurface barrier walL inan easement at 850 Stanton as part of a soil and groundwater remediation project to alIow decontamination from a formerdry cleaning establishment. councilwonan Ot}lahony moved approval of the Consent calendar. Seconded by Councilwornan Knight, carried unanimously by voicevote of nembers present. COUNCTL CO TTEE REPORTS Airport Roundtable: councihroman OtMahony told of cities concernas to feasibility of PFCS; Kopp supports then; Roundtable made nodecision because noise regulations have to be softened if PFCsare adopted. Airport/BART EIRs Vice Mayor Harrison and council concurred on a letter requesting San Francisco delay acceptingthe EfR for 45 days to allos/ further review. David Fevr, ALUCalternate, had additional information from the ALUC neeting this RESOLUTION 47-92 - ACCEPTTNG COIi{PLETTON OF THE OAK GROVE WATER MATN - CP 922 386 evening. Legislative corTuTtittee: Councilwornan Knight told oflegislation on term limits; affordable housing, need approvedhousing plan before can participate in county wide finincial poolprogram to provide affordabLe housing; Kopprs Bror,rn Act anend-ments sti11 being negotiated. Chanber of Commerce; CouncilmanLembi attended Iuncheon where BID lras discussed; also role of thewomenrs Forum, Forum may go on its own. vice Mayor Harrisonpresented the city with a certificate from the summer Jobs forYouth Program. He noted a letter fron Millbrae l{ayor JanetFogarty requesting appointrnent to the Bay Area Air euality Board;council supported appointrnent. NEW BUSINESS Police: Vice ltayor. Harrison asked that a letter of recognitionbe prepared for officer castle erho apprehended a fugitiva the sarne morning he was shown the personrs mug shot. councitwonanKnight acknowledged a neno fron the police Chief regarding thePolice Reserve Officers, she fel-t they are worthy oi recolnition,they volunteer their tine and saved the city gZ5,OOO last year. councilwoman Knight mentioned the BIS band played the nationaLanthem at a recent Giants gane; it would be nice if they could doso on Burlingane night at the Giants, but it is in surnmLr whenschool, is out. ACKNOWLEDGEMENTS a. Commission Minutes: planning, May 11i Beautification, May7; civil Service, April 14, L992. b Department Reports:ApriI 1992. Treasurerrs, April 30, L99Zi police, c. Proclanation for Mul_ti-cultural Foster Adopt year. d. Two letters in opposition to the BID proposals. e. Notice of Hillside Construction pernit for 2Bo7 HilLside. f. Letter from Gardeners Associ-ation about leaf blowers. S. Letter fron paul Ferrari, 26G7 Sunmit, about his satellitedish antenna. h. Three letters about BART and Ca1train. FROM THE FLOOR The neeting was regularly adjourned at 10:14 p. A. I.{aIf Paul Ferrari, 2667 summit, was present; Vice l,layor Harrison asked !1n to come forward; neighbors have no obj ectioir to tt" satelr,itedish antenna which was instatled ilregalr! and is the subject ofa city abatement procedure; city law does not allow an ani.ennaover six feet in height or.in setbacksl Ferrari is reguesting achange in law. Ferrari said he did noi purposely vioiate theLaw, the person who installed the antenni slia ttre city did notregulate antennas; a friend on Easton has such an anteirna and thecity allowed it; council explained that antenna was rgrand- fatheredrr because it was installed before the antenna law wasadopted. After considerable discussion on possible changes tothe 1aw, council directed no change take pllce in the 1ai andthat Ferrari be given 30 days to remove his antenna. Councilnoted Ferrari shouLd have some recourse with the install-er whosaid the antenna was legal when it was not. ADJOT'RNMENT City Clerk 1