HomeMy WebLinkAboutMin - CC - 1992.06.15397
BURI,,INGAUE, CAT,IFORNIA
June 15, 19 92
CALL TO ORDER
A duly noticed regular neeting of the Burlingame City Council washeld on the above date in the city HaIl Council Chambers. The
rneeting was ca11ed to order at 7:35 p.m. by Mayor Frank Pagliaro.
Pledge lras led by Fire lilarshal BilI Reilty.
ROLL CALL
COIJNCIL PRESENT: HAP.RISON, KNIGHT, LEMBI , OIMAHONY, PAGLIARO
COI,NCIL ABSENT: NONE
MINUTES
The ninutes of the Regular Meetinq of June l, L992 and the Study
Meeting of June 3, 1992 were approved on motion of Councj.lnanHarrison, seconded by council,woman orMahony, carried unanirnously.
Councilwornan Knight thanked staff for the verbatim rninutes
concerning the senior commission discussions at previous rneetinqs
and said she woul,d not pursue the issue further.
PRESENTATION OF FIRE CAPTAINI S BADGE
Mayor Pagliaro expressed pleasure in presenting a badge toFire captain craig Barretta. Mrs. Barretta and their twoassisted in pinning on the badge and coIlar pins.
ne!,
sons
PUBLIC HEARING - APPEAL FOR TWO VARIANCES FOR A FIRST FLOOR
REMODEL AND A SECOND STORY ADDITION AT 1468 CABRILLO - PARKING
VARIANCE APPROVED - SID SETBACK VARTANCE DENTED
city Planner reviewed her memo of June 3 which recommended hold apublic hearing and take action. Sandy Befluomini and Dan Hart-
rnan, applicants and property o$rners, are requesting a side
setback and parking variance in order to remodel the first floor
and add a second floor to their house at L468 Cabri11o. The
existing deck along the driveway wiII be removed and replaced ata smaLler size off the dining room and the existing garage (17
feet 6 inches by l-7 feet 4 inches) wil-l- be retained. The remod-
eled house will have four bedroorns requiring one covered and one
uncovered parking space; a parking variance is needed for lengthof 17 feet 4 inches r^rhere 20 feet is required in the garage. The
current setback requirement for this house is four feet and the
existing setback is three feet. To extend the first floor
another 11 feet requires a variance. The second floor will be
stepped back to meet the side setback requirement. The existing
one story tsro bedroom house has 1550 square feet of living area;
the rernodeled house with two stories will have 2,879 square feetof living area excLuding the decks and porches; the Iot coverage
vri11 be 40 percent. The Planning connission denied both varianc-
es at its neeting of April 27r' some of their concerns were lot
coverage would not a]low the garage to be brought up to te/o car
standard in the future and setback srould be further inpacted bythe fireplace in the side setback. council-\"roman Knight asked
about figures concerning square footage of project and about the
fireplace; City Planner explained.
uayor Pagliaro opened the public hearing.
Dan Hartman, applicant, said the figures concerning dirnensions ofproject are wrong in city docurnents; project will be below
naxirnum lot coverage; if variances are granted a future owner
coul-d make a fu1I size garage; a portion of garage is actually 21
PLEDGE OF ALLEGIANCE TO THE FLAG
398
feet long srith the partial extension of the back waII; he showed
a plot plan and photographs of the garage area extension and
proposed two square foot area.
Councilnan Harrison asked the city Planner to respond to the
dirnension question Hartman raised. Councilwoman otMahony also
had some questions on figures and asked if there wouLd be an
exterj.or light on the small deck at the dining roon and if it
would be used as a living space. Appl-icant said light is not
shown on deck pLans, it would only be for display of flowers,size is three by six feet, too snall for living area. Council-
wornan Knight asked appJ-icant if he was aware of neighborts
concern about a light on the deck, she asked the City Planner
about moving the setback of the new addition at the side rear;
she approved of the gate on driveway, wilt increase chj-ldrentsIiving area and provide more security.
Patricia Gray, 1,616 Adeline, lives two blocks from this site but
e/as concerned about aL1 the srnall houses disappearing fron
Burlingame; all the changes in neighborhoods with houses being
rnade bigger is chasing the working people with more traditionallife styles outr' was generally opposed to giving varj.ances.
Marita Grandouskis, 1464 Cabrillo (adjacent house) , objected tothe variances, particularly the side setback; asked if a door isplanned for the dining room deck, concerned about living areanext to her home; concerned about loss of privacy with large
windows facing her hone; when children grow and have cars r^rherewill they park, existing parking is not adequate. Council
reviewed plans for deck and determined there $/ould be a door;
discussed the size of windows wj,th the fire chief, fire code
addresses height of window silJ,, not size of window.
Mayor Pagliaro closed the public hearing.
Council expressed no concern with parking variance being allowed,the project would appear less massive than having attachedgarage, two cars can fit in the present garage and several morecan fit in the driveway. Council had some concern about the sidesetback request, present wa11 is too close to property 1ine,extending it further would compound the problen, perhaps waI1should be set back to four feet, the required first floor set-back; family is too J,arge for this srna11 house and need morespace; synpathized with Grayrs connents, sad to see old house gobut we must also accomnodate newconers; hard to make findinqs forthis variance; applicants made a real effort to retain thecharacter of the building and make it cornpatible with neighbor-hood; concern about light on deck at side, perhaps could consi,derIow lighting as an alternative.
councilman Lembi moved to approve the parking variance and upholdthe Planning Connission deniat of the side setback variance,requiring a four foot setback with conditions. Seconded by Coun-cilwoman OtMahony. The rnotion carried unanirnously on roll caII.
PUBLIC HEARING - APPEAL FOR FOUR SPECIAL PERIUITS AND TWO VARIANC-
ES FOR IMPROVEMENTS TO AN ACCESSORY STRUCTURE AT 1720 SHERMAN -
RESOLUTT N 53-92 - UPHOLD PLANNING COMMTSST ON ACTION
City Planner reviewed her memo of June 3 which recommendedcouncil hold a public hearing and take action. David Gal-Iegos,applicant and property o!'/ner, is requesting four special peirniisand two variances in order to retain a :-tO'13 squarL foot detachedaccessory structure at the rear of the lot al t72O Sherman. Anumber of irnprovements have been made to the original carportlocated at the rear of the lot at about the tirne the garageattached to the house was converted to a famj,ly room. Over theyears the two sided carport was enclosed and grer^r by over 200square feet with the addition of a bathroon with shower, stor-age/garage area, pitched roof and skylights; some work was inprogress and there are no building permits on file for much ofall the work. The Planning Conmission approved a one space
399
parking variance, one special pernit for an accessory structure
exceeding 500 square feet (they proposed 657 be allowed), and aspecial pernit for three of the skyl-ights within ten feet of theproperty line with conditions. They denied special perrnits forcovering more than 50 percent of the rear 30 percent of the lot,retention of the toilet and shower, and 1ot coverage variance.
Councj-lman Lembi asked about code requirernents for swimming pool
accessory structures I City Planner responded they nust havespecial pernit for accessory structure with baths.
Mayor Pagliaro opened the public hearing,
David Ga11egos, applicant and property o!,rner, presented a peti-tion signed by 50 neighbors who approved of his structure; hethanked council for visitinq the site; he bought the property in
1969 because it had such a large garage for aI1 his vehicles and
hobbies \.rith 860 square feet in area; while he has lived there he
has acquired nine permits for changes on his property, yet mostare not on file in the building records; submitted plans and
showed transparencies of the site and adjoining properties; in
]-972 t}:,e building inspectors were aware of all- he was doing then;his 1ot coverage is less than 1 percent over maxirnum aIloe/ed; ifgarage is removed he would have to park on street; he is willingto rnodify the roof line for the neighbor who complained; he has
made considerable irnprovements to beautify the property.
Chuck Cochran, 23L5 David, said he gret up at 1245 Cabrillo,across the street fron the Gallegos hone; his parents still live
there r' Gallegos has worked to make the site nore attractive; the
garage area has alr"rays been very large. Bill Kannasto, L245Cortez, also grew up across the street from the Gallegos home,structure has always been across the entire property 11ne and
looks much better now. Brian WoodelL, 1700 Sherman, supportedthe callegos project; they have made irnprovements to the ram-
shackle structure that $ras there previousl-y; he was also pJ-eased
to see council granting irnprovements such as the previous hearingto allow young fanilies to stay in Burlingame.
Sandy Chance, 7-256 Cabrillo, in opposition said the new peaked
roof affects her light and makes the structure appear even biggeralong her property line; was previously a flat roof at fenceheight; she reviewed for council the renoval and rebuilding ofthe rear walI of the garage.
Mayor Pagliaro closed the public hearing.
Councilr.roman Knight asked Attorney to revies, requirements forovernight parking permits and 1a$/s regarding keeping poultry;
City Attorney said Gal"l.egos has canaries in the yard, they wouldnot be subject to the poultry Iaw. Council asked City Plannerthe reason the commission aLlowed three skylightsi where couldcallegos rebuild garage if there were none on siter' when did
remodel of kitchen take place. City Planner responded. Council
nembers all agreed they would Love to have such a large garage
but could not approve of all the special pernits and variances;applicant did not follow the rules.
Councilnan Harrison moved to uphol"d the Planning Conmissionsaction by adoption of RESoLUTIoN 53-92 with conditions. Seconded
by Mayor Pagliaro, carried unaninously on ro11 call vote.
Mayor Pagliaro called for a recess at 9:20 p.n. The meeting
reconvened at 9:31 p.rn. with all menbers present.
RESOLUTION 54-92 - ESTABLISHING THE 1992-93 APPROPRIATION LIMIT
RESOLUTION 55-92 - ADOPTING OPERATING BUDGET FOR FISCAL YEAR
ENDTNG JUN E 30, 1993
Mayor Pagliaro said this is the time to adopt the budget, butwith Sacrarnento tatking about a revenue cuts this may be atentative budget; depending on how sacramento redistributes thesales tax, it cou]d hurt Burlingame terribly. Council reviewed
400
various memos and letters r"g"rair,f this proposal; urged resi-
dents to contact our State legislafors; concern about funding
community charitable groupsi capit{I improvement budget is down;
reviewed sone capital improvenent projectsr' economy seems to bepicking up. Council complimented Staff on the budget.
Mayor Pagliaro opened the public h{aring.
Regina Thonas, representing the Safnaritan House, thanked councilfor its generosity; after the City of San Mateo, Burlingame hasthe largest nunber of clients at Sanaritan House. she al-so
thanked council- for support of the Winter Shelter.
UMBI NG AN DANG OU U
C CODE ING N
OUTDATED SECTTONS
Pub1ic Works Directorrs nemo of May 26 reconnended council adopt
these codes. These codes are revised about every three years,but our city has not adopted since
reviewed these sections and comparPeninsula. The Fire Department residings meet or exceed the Class B
Councilwoman Knight noted this wiLof roofing; she asked Fire Chief iapplied to specific areas of the csaid that given the way fire spreadefine areas.
1985; various departments haved our code to standards on the
onmends that new roofs andrating.
require higher classificationthis requirenent might bety and not to others; Chiefs it would be difficult to
Mayor Pagliaro opened the public h aring. There being no com-ments, the hearing was cl"osed.
Councilnan Lembj- moved adoption of ORDINANCE 1462. Seconded by
imousl-y by voice vote.Councillroman OtMahony, carried un
HEARING RM
AI,IEND ON o VING
other cities on Peninsuta to arrive at sorne unifornityr. buildingerrs office Council to reacht will address the needs of
ses.
Mayor Pagliaro opened the public h ar]-ng.
463 DO
TH
Fire Chief's memo of May 27 recommended council hold a publichearing and take action. Departnent has reviewed this code with
and fire officials met with the Cha comprornise on a sprinkler 1a!, ththe city as well as private busine
Joe Karp, 1204 Burlingame Avenue,
about the impact of this ordinance
cornpl imented staff on negotiatingBruce, 500 A1mer, also supported
aid at first he was concernedon srnal1 businesses but hen acceptable ordinance. Rossis new law.
Mayor Pagliaro closed the public hearing.
Mayor Pagliaro discussed his concern about a loophole to avoidsprinkler requirenents; Fire chief said it lrould be very aliffi-cult for someone to tnake a major alteration in small increments
l,layor Pagliaro closed the public hearing.
City l,tanager said he rrould develop contingency plans for budget
cuts of 2 to 20 percent. Mayor Pagliaro asked about the request
from Burlingame fntermediate SchooJ- for funds; City Manager saidthe Recreation budget includes the city portion of the current
progran but the schools nay not be able to fund the officials.
The Recreation Director hrill attenf a meeting this week.
Council.nan Harrison moved approval of RESOLUTION 54-92 and 55-92.
Seconded by Councilrran Lernbi, carr[ed unanirnously by voice vote.
PUBLIC HEARING - ORDINANCE 1462 - ADOPTING THE 199]. UNIFORM
SUPERSEDED SECTIONS
in order to avoid the Iaw. Mayor asked the Fire Chief to report
back on hos, the new procedure works in one year.
Councilman Harrison moved adoption of ORDINANCE 1463. Seconded
by councilwoman Knight, carrj,ed unanj,mously by voice vote.
APPOINTMENT OF LTBRARY TRUSTEES
Mayor Pagliaro noted he and Councilman Harrison had j-nterviewed
candidates for these two positions. councilman Harrison said theapplicants were all excellent and he nominated Kris cannon andShirley Robertson for reappointment to the Library Board for
terms to expire June 30, 1995. The nominees were unanirnously
af f irrned.
O}I BURLINGAI,IE LIONS C
BROADWAY FESTTVAL AUGUST r-2, L992
City Manager reviewed hj-s memo of June 9 with the letter fromLions Club President Ken Newman requesting L,ions Club be allosredto seII beer and wine at the Broadway Festivat; staff recomrnendedagainst this request because of experience of other cities with
such sales and the City Attorneyts concern about proper insurancecoverage. If it were allowed, staff would recommend certainconditions. city Attorney said the Mayor and councilman Harrisondid not have a conflict of interest because they were members ofthe Lions club because they do not have a personal financial-interest in the matter.
Councilwonan Knight said it was j-mportant to support staff ontheir recornmendation; she enjoys beer and wine on occasj,on butthe city also has a law against alcohol in public places; there
have been problerns at the Millbrae Wine Festival and we are not
being proper role nodels for the younger people if we a11ow it.
Lions President Newman said the Lions insurance provides coverageat various locations, and the club $/ould get an ABC license; they
have the backing of the Broadway Merchants. Council asked if
they were willing to pay for additional police coverage at theeventl who would get the proceeds from liquor sales; how manysites were proposed. Newman responded they or the merchants
would provide for additional police, distribution of profits haveto be worked out with merchants, and they propose one sale site.
Doug Mcceorge, President of the Chamber, said they are asking fora change in the city 1aw or whatever it would take to allow thisevent; he noted the Broadway Festival is a small event with
20,000 to 30,o00 people, not like the Millbrae event which draws
150,000 people and which has the character of a street party;
Broadway event is docile and the liquor will not be advertised;all other cities serve beer and wine and have no problerns. Karen
Key said the Chanber has insurance to cover the festivaL and also
has liquor coverage.
Harry Costa t ]-746 Quesada, favored this request, Burlingame isthe only city he knows that does not aIlow liquor.
Councilman Lembi said it is not often council goes against staff
recommendations; in prior years liquor was served at rrl Love
Burlingamert days, but then the city disallowed it and the event
was discontinued; he was willing to a11ow it with conditions likeproper education of the servers, clearly posted signs about rightto refuse service, careful identification checks; he would like areport after the event to see how everything goes. He moved to
approve the request. Seconded by Councilwoman orMahony.
Pol,ice chief suggested some conditions be adopted, those in staffreport, those mentj-oned by councilman Lembi and additional-conditions that sales cease at least one hour before the event
ends and that only paper cups or official- containers be used forthe event. They would have to come to Police for permission toget ABC permit. He noted the bars, stores and restaurants on
401
402
Broadway are not allowed off-sa1e
City Attorney said he vrould prepar
this two day event.
councilwonan Knight said she hrould
bars or other control-Ied environme
commented people can have fun with
about someone buying liquor and th
The rnotion to a11ovr the request ca
councilwoman Knight and uayor PagI
DE EA CO
City Plannerrs meno of June 9 revi
construction permits since the rall construction as compared to a1the past year. At the last meetin
Mike Stallings because he needed taddition below the first fl"oor on
would have no effect on neighborin
council-woman Knight said the hi11s
an inportant method for the city t
with might irnpact views; it was a1
downhill because it niqht increase
council did not wish to make any c
ANNUAL CLATMS AND LAWSUTT REPORT
f liquor for consumption.
a special ordinance to aIlow
prefer to see peopLe go intots for liquor. Mayor Pagliaro
ut liquor, he was concerned
n giving it to young people.
ried 3-2 on ro11 call vote,
aro voting no.
wed history of the hi
lation was expanded t
construction activit
council heard complaget such a perrnit fo
downward sloping Iot
homes .
l- 1s ide
o addressy during
ints from
ran
chwhi
City Attorneyr s nemo
and lawsuits; it has
report .
of June 9 rev
been a good y
de area construction permit is
have control over additions
o important to people living
mass and bulk of a house.
anges at this time.
ewed the past yearts claims
. Council accepted the
Regarding (a) Councilwonan Knight
\"roul-d vote no to provide a consult
at 1133 Chula Vista since she hadproperty. councilman Lembi sugges
before hiring an appraiser for sa1
Regarding (b) t4ayor PagJ-iaro askedclaim further in closed session; i
calendar.
sked to remove this iteru, she
nt for relocation of tenants
oted against purchase of the
ed city get several quotes
of the Rhinette Lot.to discuss denia] of this
was removed from the Consent
c. WARRANTS AND PAYROLL
Finance Director recommended
2L593, duly audited, in the aPayroll Checks 46713 - 47535
voided due to a printer probl
oNo o
JOINT HOUSEHO
Finance Directoris memo of Jupublic hearing for July 6 $/hewill be reviewed and adopted.
pproval of Warrants 2ll2o -ount of $1,968,814.66 and
checks 46713 and 47535 were
) for the nonth of May 1992.
R ATIVE DECLARA o
RECYCLING ELEMENT AND
e I recommended council set ae the final draft of the pLans
d
Councilman Harrison moved approvalc and d. Seconded by councilwoman
by voice vote.
of the Consent Calendar, items
OrMahony, carried unanirnously
REMOVED CO NSENT TTEM
SOLUTION
VIS A
RHINETTE PARKTNG LOT
City Attorneyrs memo of June
an agreement for a consultant
t-coNs
P ISER FOR
recornmended council approveto help city rneet obligations
CONSENT CALENDAR
a.
403
to relocate tenants at 1133 Chula Vista. He also recomnend-
ed counciL authorize staff to obtain proposals for an ap-praiser for sale of the Rhinette Iot.
Councillroman OtMahony rnoved approval of RESOLUTION
Seconded by Councilrnan Lembi, carried 4-1 on voice
wornan Knight voting no.
56-92.
vote, Council-
COIINCTL COMI,IITTEE REPORTS
ALUC: Councilman Harrison reviewed the latest discussions on theairport EIR; they nade reconmendations to C/CAG. The airport isholding srorkshops on the EIR. Mayor Pagliaro noted a workshop
would be held at Burlingame City HaII on June 30.
Roundtable: Councilwoman OrMahony reported David Few attendedthe Roundtable meeting; the airport rTrust a1low landing of 707s,the noisy plane which the airport has been excludingr.
City Manager said there would be an emergency council of Citiesneeting tomorros/ regarding the State budget proposats.
OLD BUSINESS
BID Appointments: Mayor Pagliaro said council would make ap-pointrnents to the BID Board at the next meeting. City Managersaid there r^rere 15 applicants for 11 positions.
Regional covernment: Mayor Pagliaro reviewed the latest versionof SB 797 and noted proponents say it will not cost money but heread a part of the l-aw which designated necessary support fundsfrom locaL governments.
Mills Canyon: Councilman Harrj-son said there is brush in the
canyon; staff noted CCC is cleaning areas near homes.
Building Division: Councilnan Harrison said he has heard moreconplaints about the Building Division; he hoped this would bereviewed prior to the report frorn consultant in october.
NEW BUSINESS
councilman Harrison complimented the Police Department reqarding
an articLe in the hospital's newsletter.
Council$/oman OtMahony said she had also heard complaints aboutthe Building Division recently; she wouLd like to see the perfor-
rnance criteria and know how often it is checked and what kind ofaction is taken after review.
Storm Drain Stenciling: council-$/onan Knight mentioned a letterfron Supervisor Huening asking city to participate in stencilingstorm drains to reduce bay pollution. Staff is neeting with thecounty regarding this prograrn.
Cable TV: Council$ronan Knight noted a cornplaint about cable TVistaff noted this was a billing complaint; cable has been deregu-lated, but staff wiII respond to Mr. Patrick.
Schedule Hearing: Uayor Pagliaro set an appeal hearing JuIy 6for 1645 l"IcDonald.
Denial- of l"lasseuse Hearing: There was also a request for appealhearing on denial of a masseuse perrnit from Debra Bleemer. CityAttorney recornmended council deny this request for hearing sincethe appellant had nissed the 10 day deadline in which to appeal.councilman Harrison moved to deny the appeal . Seconded by
councilwoman Knight, carried unanimously.
North County Council of Cities: Mayor pagliaro said Burlingamewould host a North County Council of Cities meeting on July 2.
404
ACKNOWLEDGEMENTS
3096 Rivera: City Planner said thconstruction permit, had been call
removed from councilrs acknowl
Commission Minutes: PlanningL2i Beautification, June 4, l-
a.
b.
c.
d.
e.
f Letter from Mr. Patrick
Department Reports: Treas
Letter from Supervisor
Letter from Peninsula Rail 20
Proclamation: Park and Recrea
FROM THE FLOOR
Joe Karp, t2A4 Burlingame Avenue,
San Franc l_s co neh/spa r abou c 6 I
merchants need he 1p ng
pe
in t
mee't 1 theretrofitting; the city is not hear
now but when the deadline nears in
problems; he urged council to find
small businessesl he is currently
Council discussed with Karp andactual earthquake damage repairs,
a program for funding low-income h
affected in Burlingame, three or f
IIBTLLII HERMAN, AND PHILIP MOREY
Mayor Pagliaro said council would
would adjourn in memory of Police
city businessman Hjalmar trBillrr
of
L n
citytheir emp 1 oyee Do rothv Mor ey
memory and th en ad j ourned
session at 1o:53 p.m.
CLOSED SESSTON
Council met in closed session regathe removed Consent Calendar item
REMOVED CONSENT CALENDAR ITEM
b.
City Attorneyts memo of Juneclaim for injuries allegedIycers on April 3, L992.
Council unanimously denied this
ADJOI'RNI{ENT
Mayor Pagliaro adjourned the meet
s request for a hillside
up by a neighbor so it wasts.
June 8; Civil Service, May
92.
ts, May 31; Police, May L992.
regarding storm drains.
0 regarding BART to SFo.
ion Month, JuIy L992.
ing cable TV.
id he read an article in ac retrofitting; he said
considerable expense of this
anything about this right
1995, there will be lots of
some financial assistance forepairing his building.ff; FEMA funds are only for
for retrofittingl there wasi.g; there are 64 buildings
have been repaired.
et in closed session, then it
ergeant Gene Harris, prominent
and Philip Morey, husband
asked for a moment of silencethe meeting to the closed
labor negotiations and
recommended council deny this
eceived from our police offi-
at 1-1:07 p.m.
ith A. Malfa'city Clerk