Loading...
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