HomeMy WebLinkAboutMin - CC - 1992.06.01387
EURI,IIIGAUE, CAI,IAORIIIA
Jure 1, 1992
CALL TO ORDER
A duly noticed regul-ar neeting of the Burlingame City Council r^ras
hel-d on the above date in the City Ha]I Council Chambers. The
rneeting was called to order at 8:06 p.n. by Mayor Frank Pagl.iaro.
PLEDGE OF ALLEG IANCE TO THE FLAG
Pledge was 1ed by
ROLL CALL
COT'NCIL PRESENT:
COTJNCIL ABSENT:
MINUTES
PG&E representative Don Johansen.
HARRISON, KNIGHT, LEMBI, OII{AHONY, PAGLIARO
NONE
The ninutes of the Regular Meeting of Uay L8, L992 were approvedon motion of Councilman Harrison, seconded by Councilwoman
O'Mahony, carried unanimously. councilwoman Knight asked j-f
previous minutes could be amendedl her concern was the neeting atwhich the Senior commission duties and the senior lunch program
were discussed. City Manager said a transcript of that portionof those minutes would be prepared for councj-1 to determine any
changes council may erant to make.
BROADWAY AREA BUSINESS TMPROVEIUENT DISTRTCT ORDINANCE 14 61
I'Iayor Pagliaro acknowLedged the many Letters council had receivedover the past two months concerning the BIDS. Tonight council
would nake a decision on each area, consj-dering Broadway first.
CounciLnan Harrison said he made the motion to defay any decisionuntil this neeting to give opposing sides a chance to tal-k;council received lots of input from the Broad$/ay area; he went tothe first neeting of the merchants association where they dis-
cussed this idea; it created lots of excitement and enthusiasrn;then Burlingame Avenue merchants joined the BID process; he hadread all the letters and sympathized with both sides of theissue,' he approved of establ-ishment of the Broadway Area BID.
councilwoman otMahony thanked the Broadway merchants for continu-ing their dial,ogue; there have been some more letters rescindingprotests but by l-aw those cannot be accepted; 30 years ago anatternpt was made to establ-ish a sirnilar district on Broadway,then in the 1970s another attenpt was rnade; Broadway j-s close tohotels and visitors can walk there; she would vote to supportthi-s concept; she has read all the Letters to councj-I including
Mary Ann Titusts letters and cafculations; corrections will- benade for those businesses which were classified incorrectLy.
councilwonan Knight thought a decision shoul,d have been nade atthe April 20 neeting; she felt there hrere too many negativeaspects to the BID process; it is driving a wedge into thebusiness community; she appreciated the efforts but if approvedthe city s/ould see the sane arguments every year at businesslicense renewal time; would like to see Chamber and merchants
come up with some improvement projects as an alternative; shewould vote no on both areas.
Mayor Pagliaro said Broadway has right attltude; he thought boththe Broadway opponents and proponents acted responsibly; hereceived many letters and call-s about this issue; personalities
and eqos were more a problem than the money involved in BID; hesaid the Broadway BID could r^rork and suggested changes to theordinance: (1) there be a three year sunset clause, (2) council
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be responsible for appointing the original governing board of 11
nembers, and (3) that at the end of the first year five membersbe elected by the district and at the end of the second year the
remaining six board members be el-ected by the district; at thethird year the district would have al-l- el-ected board members.
Councilrnan Lernbi said he had been pl-eased to see this ideapresented by rnerchants and was very surprised by the amount ofopposition; for years people have said Broadway could not get itsact together, so this BID opportunity is a chance to see that
cornmunity work; he supported the suggestions of the Mayor and
moved to approve the Broadway BID by adoption of ORDINANCE L461incorporating the Mayorrs suggestions. Seconded by Councilwoman
orMahony, who said she would like to see representatives of theproponents and opponents appointed to the governing board,
perhaps a proportional seven/four split. City Attorney said he
would revise the ordinance to reflect tonightrs action and wouldinclude classification corrections rnentioned by Councilwoman
otMahony. The notion carried 4-1 on ro11 call vote, Councilwoman
Knight voting no. The Mayor suggested rnerchants interested in
servi-ng on the board write council- l-etter of interest explaining
lrhy they want to serve and submit then in the next two weeks.
BIIRLTNGAI,IE AVENUE AREA BUSINESS IMPROVEMENT DISTRICT - DENIED
Councilwoman otMahony said the Burlingame Avenue Area decision is
easier to act upon because of the large amount of opposition; she
hoped both sides would work together for the cornmon good.
Councilman Harrison thought the merchants completel-y rnissed thepoint on this one,' he would not support the Burlingane Avenue BrD
at this tirne; hoped they get together and come back next year.
councilwoman Knight said a few years ago she approached the
chamber with an idea for producing a gift certificate that was
good anywhere on Burlingame Avenue, similar to those bought for
use at a MaIl; she had hoped this night have been done with the
BID; she hoped the merchants could work together.
council-man Lernbi said this was very difficult for him because he
knows so many of these nerchants; he $rould have trouble voting
for it because the opposition was so strong.
Councilman Harrison moved to deny the Burl,ingame Avenue Area
Business Improvement District, seconded by councilwonan otMahony
and carried unanimousLy.
Mayor Pagliaro said he was a strong supporter of both BIDs; this
is a great disappointrnent to those who worked so hard for it;
council- supported this idea with taxpayer money and he thought
perhaps next year they could try again on their o$rn. Councilnan
Lernbi said he was disturbed by the behavior of some opponents
during this process; they qained their objective but missed the
entire point of working together to inprove business.
APPEAL F'OR TWO VARIANCES FOR A FIRST FLOOR ADDITION AT 2327 HAI.,E
DRIVE - DENIED WITHOUT PREJUDICE
City PLanner revj-ewed her memo of l"lay 20 which recommended
council hold a public hearing and take action. Katherine connor,applicant, is requesting a rear setback and parking variance in
order to add 105 square feet at the rear of the existing twostory four bedroom 3,486 square foot house. The additional 105
square feet would be used as a bedroorn and the rear wa11 would
extend four feet from the property line (L5 feet required). The
house would increase from four bedrooms to five bedrooms r' thro
covered parking spaces are provided, however the uncovered space
is 15.5 by 9.5 feet where 20 by 9 feet is required, thus a one
space parking variance is requested. She sumrnarized lettersreceived after preparation of the staff report fron the appli-cants, from Dorothy Norling of 2325 HaIe, from Robert and Jean
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Gilmore of Belmont, anding applicants.
from Linda BeILe-IsIe, reattor represent-
Mayor Pagliaro opened the public hearing.
Tim connor, applicant, thanked council members for visiting his
home; he explained r^rhy they need the addition and why approval isjustified; they have five people living in the home, husband,wife, two children and a live-in child care provider; they also
have rel-atives who live on the east coast who come to visit;prior to their purchase of this horne, they met with the Norlingsat 2325 Hale about putting an addition at rear of the house; theNorlings expressed no opposition so they purchased the hone; hefelt the addition lrould enhance the neighborhood and raiseproperty values; the 13 foot high hedge next to the Norling honewill be naintained; unique circurnstances are the shape of thelotr' would be hardship because they bought the property vrith theunderstanding they coutd add a fifth bedroom; they can park threecars on the property.
, she wouldt no secondnted land-ction
e l irnited .t and Janet
Connort completed
cation.
house I
Katie Connor, applicant, said the Norlings are objectinq to theprevious additlons made to the house before she moved in - there
was a rather long construction period because of serious injuryto the contractor; the smal1 proposed addition would not have anegative impact, j-t cannot be seen from the street; people objectto change but change is inevitable; farnilies have changed, nowyou have working parents who need live-in help; she and her
husband both travel" with their jobs and will need this type helpfor another three to five years; she attended a recent neeting ofBurlingame homeowners and were shocked at attitude toward newcom-ers; if she knev/ the controversy this proposal, causednot have bought the hone; she offered a condition thastory could ever be added to this addition; she prese
scape architect plans for the hedge including construrequirement to protect it; construction hours would bcouncilman Lernbi asked why she was listed as applican
Barl-oi,, was listed as property ov/ner on application.
responded at tine application was made she had not yepurchase of the house, so previous owner signed appli
Councilwoman OtMahony asked hrhen they noved into theConnor said March.
Ton Larson, 2400 Ha1e, has lived there three years; he wasimpressed by the archj.tectural- changes nade by previous owners ofthe subject property but there vrere construction problems i,rhenthe contractor was hurt and the job was delayed; he has reviewedthe Connor plans and it wouLd be a minor irnpact on the previousexpansionl they can get three cars in the driveway; he waspleased to have the Connors as neighbors and urged approval.
Al-an olin, architect, said the property is unique in that it islaid out with the front to the side, opposite of wtrat hrould berequired today; the architect considered given the floor plan andother structures on the lot this is only area they can put thisaddition; property owner can fit their cars in the substandarddriveway; original house was built in the 1920s and the bedroomsare very srnall,' they nade every effort to appease neighbors,Mayor Pagliaro asked if the pool $/as there hrhen the connorspurchased the house; he replied yes.
Another neighbor living at 2346 Hale said the remodeled house isnot a farniLy house, it has a very targe rnaster bed.room and threevery small bedrooms; site chosen for the addition is excellent;
some of the older neighbors forget that tirnes change and needschange, dirnensions of farnilies change; if Burlingame !,rants toattract young fanilies it rnust adjust; she supports the addition.Another neighbor said she is a tong time resident and it wasrefreshing to see a young farnily purchase this hone; it is anunusual setting and she hoped council coul,d do something to he1p.
Speaking in opposition: I"Iary Jo Hernandez, the Norlingrs daugh-ter, saj,d this is not just a small addition, it is an iaaition to
another very Large addition; she understood the Connors lrant to
make it their home but they bought the house knowing it had a
variancer' her parents put up with two years of constructi,on lrork
when the last addition was built and that construction limited
their sunlight; she wondered why the connors couLd not change
sone interior space to enlarge the bedroorns.
Mrs. Norling, 2325 llal.e, agreed the Connorrs real estate repre-
sentative rnet with them; the Norlings listened and were cordialbut they did not give approval for an addition; she reviewedhistory of that house and additions, driveway added, then car-port, then garage; originally the house fronted on carlos; there
have been nany changes.
Chris Norling, son of Mrs. Nor1ing, said the issue is ttre fourth
variance being allowed for this house; first was for driveway,
then carport, carport changed into a garage, then a different
peaked roof on garage.
Tirn Connor rebutted they did not buy the house for an investment,
they bought it to live in and raise a farnily; they were aware it
needed a variance; interior is not configured for a fanily.
uayor Pagliaro closed the public hearing and asked what the lot
coverage was on property; staff repl-ied 36.4 percent. councilman
Lernbi asked the architect if they had Looked into changing bath
and putting addition along existing wa1J, south of the bath;
architect responded that would create a larger, higher roof line
and functional aspect wouldnrt work as l^relli they considered rnany
options. councilman Harrison could approve the request; other
council members were very concerned for the Norlingts quality of
life; Nortinqs \.rouId lose more view from kitchen window; they
spend a lot of tine in their horne noe/; concern about the addition
becoming a second unit for a subsequent o$/ner; mass and bulk of
project is the problern; angry at realtor for contingency sale
lrithout knowing what connors could do at site; the project site
is a very large houser' problem when roof was added to the garage;
sure they could make addition somewhere else with a less obtru-
sive flat roof; perhaps council could deny without prejudice.
Councilman Harrison noved to deny without prejudice. Seconded by
Councilwoman OrMahony, carried unanimously on roll call vote.
Mayor Pagliaro called for a recess at 9:45 p.m. The meeting
reconvened at 9:51 p.m. with all mernbers present.
ODUCTION ING E
BUILDING, ME rCAL. DANGEROUS BUILDINGS, AND PLI'MBING CODES .
THE 1990 NATION ELECTRTCAL CODE, MAKING AMEN NTS TO SECTIONS
THEREOF ,D REMOVING VARIOUS SU PERSEDED AND OUTDATED PRO VI S TONS
Mayor Pagliaro noted the introduction of this ordinance; he asked
about new roof and siding requirements to neet or exceed the
class B fire rating. The Publ,ic works and Fire Departnent memos
of May 26 and 27 explained code changes in detail. In response
to councif questions, the Fire Chief responded that the tile roof
on the Fisherman Restaurant held that fire inside rnaking it
hotter; his departrnent has met with adjacent city fire depart-
nents to coordinate these fire code changesl Councilwoman or}la-
hony questioned Table 32-A of the ordinance, staff will bring
clarification to next meeting. Councilnan Harrison introduced
ORDINANCE 1462.
ONOFO NG TIIE 19
CODE. MAKING MENTS TO SECTIONS THEREOF. AND REMOVING VARIOUS
SUPERSEDE SECTIONS
councilman Harrison said he was a delegate to the chamberrs
office counciL which worked with city staff to make changes and
compromises before adopting this code; it shows the city working
with private industry, he was p]eased to introduce oRDINANCE
L463. Mayor Pagliaro asked about sprinkler requirements for
remodels valued over $75,000, he questioned if the revj-sed
390
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requj-rements allow a loophole i staff will bring further expla-
nations to next meeting.
RESOLUTION 4A-92 - AMENDING CIVIL SERVICE RULES AND REGULATfONS
The Adninistrative Assistant/Personnel- | s memo of May L3 recom-
mended council adopt the amended rules as recommended by thecivil service Commission; aII employee groups have reviewed the
amendments. Councilman Harrison was happy to see requirement for
annual review of performance objectives and goal-s. There was
discussion about the section regarding abolishing positions and
placement of persons who hel-d an abolished position. Councilman
Harrison moved adoption of RESOLUTION 48-92. Seconded by Coun-
cj.lwoman orMahony, carried unanimously by voice vote.
LTBRARY BOARD APPLICATTONS
l"Iayor Pagrli.aro set interviews for 7.00 p.m. before the next
meeting.
RESOLUTION 49-92 - REVISING WATER EMERGENCY RULES AND REGUI,ATTONS
Finance Directorrs memo of uay 11 recommended council amend and
ease the cityis water penal,ties to invoke the rnaximum penalty at
30 percent over allocation rather than 20 percent. counciLrroman
orMahony moved adoption of RESoLUTIoN 49-92. Seconded andcarried unanimously by voice vote.
CONSENT CALENDAR
Regarding (a) councilman Lembi will abstaj-n and llayor Pagliarowill be shown as absent for vote at the last rneeting.
a. RESOLUTION 50-92 - DENYING SPECIAL PER}IIIT FOR 1280 ROLLINS
City Attorneyrs memo of May 20 reconmended council adopt theresolution denying the special pernit for Byrgan, Incorpo-
rated for an ernbalrning and refrigerated holding facility at
1280 Rollins to formal-ize the councilrs decision at the May
L8 meeting.
b RESOLUTTON 51-92 AMENDING E CONFLICT OF INTERESTS CODE
City Attorneyrs memo of May 19 recommended council arnend ourcityts conflict of interest code. State lahr requires thatcities revie!', their code every even-nurnbered year, there
have been sorne position changes since the l-ast review whichare reflected in Exhibit A attached to the resolution.
c RESOLUTTON 52-92 - APPROVIN G AGREE}4ENT FOR TESTING AND
INSPECTION SERVICES FOR FIRE STATION RECONSTRUCTION - CP O].1
Public Works merno of lilay 27 recommended council approve an
agreement with Consolidated Engineering Laboratories in the
amount of $12,030 for testing and inspection services.
OACH},{ENT PER},{IT FOR FENC A I 6
Publ,ic Works memo of May 28 recommended council approve thewaII and slab at back of sidewalk provided that the existing
wood fence is maintained at no more than three foot height,
ANNUAL RE OF AI,IUSEI',IENT PERMITS
City Attorneyrs nemo of l"lay 21 recommended council renew all
amusement pernits for one yeari hre annually review allpermits j-n June and deterrnine if there are any problem
establishments as reported by the PoLice Department menoattached; the Police Departnent recommended all renewals.
d
e
392
Councilman Harrison moved approval of the Consent calendar.
seconded by Councilwoman orMahony, carried unanimously by voice
vote, except for itern (a) with vote reflecting May 18 decision.
COUNCIL COMMITTEE REPORTS
Council of. Cities: Councilman Harrison announced a vlater Forum
on June 6 in Millbraei there are several openings on the Crininal
Justice Council; Gary orton of Belnont introduced a resolution
regarding BART and caltrain similar to Burlingamers position.
NEW BUSINESS
craduates: Councilman Lembi asked that a letter be sent to the
High School and Junior High School congratulating the graduates.
Burlingame Avenue Fence Mural: l,tayor Pagliaro said sunday they
would being prirning the construction fence and Monday the school
children will begin a nural. He asked letters of thanks go out.
Hill-side Circle Fire Hazard: Councj.lwoman orMahony reported a
possible fire hazard on Hillside Circle.
URGENCY ORDINANCE 14 64 PROHIBITIN THE REMOVAL OR PRI'NTNG OF
CERTAIN TREES
Councilwornan Kniqht acknowledged a memo from the Park Director
regarding a Red$/ood tree at 82o E1 Carnino, on a parcel that is
proposed for a 17 unj.t condominiurn project. This tree is be-
Iieved to be the l-argest of its species in Burlingane. SeveraL
neighbors have contacted both the Park and Planning Departnents
expressing concern about this tree, and the Planning Commission
expressed concern at its study review of this proposed project at
its meeting of May 11r' the Park Director had been contacted
regarding city requirements for removal and thought the tree
might be removed soon. The neighbors say they can accept the
condorniniurn project if the tree is saved. Since council will be
considering the Beautification Commissionrs proposed Tree Preser-
vation ordinance later this weekr she suggested council may want
to adopt an urgency ordinance including some provisions frorn the
proposed tree ordinance in order to save this tree.
City Attorney said council would need to vote to place this iten
on the agenda for action before it can take a vote on the urgency
ordinance. councilman Lembj- moved to place the urgency ordinance
on the agenda. Seconded by Councilwonan Knight, carried unani-
mously. The urgency ordinance if approved would expire in
December 1992 and would only protect large trees over 48 inches
in c j-rcumf erence. Councj,l was concerned about rnaking the proper-
ty o$rner aware of this; staff will notify thern and will post the
property with the urgency ordinance. Councilwornan Knight asked
the neighbors to keep watch and call the pol j,ce about any tree
removal activity.
Mayor Pagliaro opened the public hearing.
Lynette waldeson, a resident who lives to the rear of this
property, said the property owners have met with her about the
condominium project and told her the tree would stay, but plans
show it being removed; it is a very beautiful Iarge treel she
hoped council could prevent the removal- of this tree.
The hearing was closed.
IJRGENCY ORDINANCE 1464 was adopted unanimously by roll
Councilrnan Harri-son asked the Park Director to look at
newsrack in front of Ingeborgrs Bakery.
call vote.
the
res ignations
applications.senior cornmiss ion:fron the cornrnission
Mayor Pagliaro acknowledged t$/o
and set June 30 as deadline for
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walken Fire sprinkler company: Mayor pagriaro noted a rettercomplaining about trailer trucks parked in industrial area; staffnoted truck parking is allowed in that area. Council asked staffto repIy.
ACKNOWLEDGEMENTS
a. commission Mj-nutes: planning I ylay 26i Traffic, safety andParking, May 1-7; Park and Recreation, t{^ay 2L; Library Board,May L9; Senior , YIay 2L, L992.
b. Letter from Washington School requesting crossing guards for
summer school. (Referred to Budget Study Meeting. )
c. Proclamation; National FIag Day, June L4, L992.
d. Letter from Tim Auran regarding changes to floor area ratio.
e. Notice of Hillside Construction Permit for l-81-l- Sebastian.
f. Letter from Ian Mackinlay Architecture regarding mural onconstruction barricade.
FROM THE FLOOR
Mike Stallings, L51,2 Alturas, explained his frustration with thehillside construction permit requirernents; last year he purchasedhis home and desired to make an addition but beciuse of ttrehillside permit requirements he decided to put his addition inthe basement area so he would not have to change roof line ordisturb his neighbors views; in order to instalr a stairway, hemust have a srnaIl addition added to the side of the home underthe roof overhang, but because this will change the footprint, heis stilr required to get a hirrside construction permit; thehillside permit 1aw was revj-sed in January to include any addi-tions in the hillside areas; his proposed addition will- not bevisibre, it is below street 1eve1; the soonest it can be consid-ered by the Planning comrnission is July 28; the revised raw hascaused lots of confusion and delay; he was not complaining aboutthe time frame or the staff, they have arr been very helpful andpleasant, but everyone seems confused by this 1aw. councilreviewed this application with staff; directed additional infor-mation for the next meeting.
Doug McGeorge, President of the chamber of commerce, thankedcouncj-r for granting the Broadway BrD; negative comments wereblown far out of proportion and council was caught in the middle.He said the chamber would rike to ptan a community picnic toreplace the community dinner in September in Washington Park andwould like council input. He envisioned an old fashj-oned townpicnic with a bandstand for 1ocal talent or schoor bands, andchildrenrs games; city service cIubs, police and Fire couldparticipate. Council thought it was an excellent idea.
ADJOI'RNMENT IN MEMORY OF SERGEANT BRUCE FRIEDBERG
Mayor Pagliaro asked for a moment of silence in memory of police
sergeant Bruce Friedberg, the meeting was then adjourned in his
memory at LOz44 p.m.
Judith A. MaIfCity Clerk
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