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HomeMy WebLinkAboutMin - CC - 1992.07.06405 BURI,INGN,IE, CAIJIAORNIA iIuly 5, 19 92 CALL TO ORDER A duly noticed regular meeting of the Burlingame city council- vras held on the above date in the city Hatl counciL Chanbers. The meeting was called to order at 7:30 p.n. by Mayor Frank Pagliaro. Pledge was led by Police chief Palner. ROLL CALL COUNCIL PRESENT: COUNCf I., ABSENT: MINUTES HARRISON, KNIGHT, LEMBI , OIMAHONY, PAGLIARO NONE The minutes of the Regular Meeting of June 1-5, !992 were approved on motion of Council-woman OrMahony, seconded by Council-manHarrison, carried unanimously. PRESENTATION OF COMMENDATIONS TO POLTCE OFFICERS Police Chief called forward officers $/ho had responded to a large disturbance at the Sheraton Hote1 around midnight on June 2O/2L, he and l"layor Pagliaro presented certificates of commendation toofficers Dahlstrom, Fordr Murphy, Pickens, Robinson, Stanley, Ransom, Hutchings and to Reserve Officers crouse and Moran; inaddition they presented a 15 year ernployee placque to Reserveofficer Moran. officers Matteucci and Shepl-ey were unable toattend tonight. PU BLTC HEARTNG ON CERTIFICATION OF NEGATIVE ECLARATION AND JOfNT SOI'RCE REDUCT o NS5 -92 AND 58-92 co JOINT HOUSEHOLD HAZ DOUS WASTE ELEMENT Finance Director reviewed his memo of June 30 which recommended counci1 hold a public hearing and take action. He introducedcheri PuIs representing san Mateo County and Rose carcia of Brown, Vence and Associates, the consultants working with San Mateo County as lead agency aLong with 15 cities for preparationof a regional source Reduction and Recycling Elenent (SRRE) and aregional, HousehoLd Hazardous Waste Element (HHWE) . He reviewed AB 939, the California Integrated Waste l"Ianagement Act of l-989which mandates that 25 percent of the waste strean be divertedfron Landfi]l by 1995 and 50 percent by 2OOO; it requires thecity to prepare and adopt a SRRE and a HHWE and provides thatfailure to meet these requirements could result in fines of up to $10,000 per day. He said the State had not returned the Joint Household Hazardous Waste Element (HHWE) Report srhich was noticedfor public hearing tonight, action should be continued to afuture meeting on the HHWE. Costs wiII increase from about $30,000 in 1-992 to around S723,OOO in 1995; although this is aState rnandated program, the bill specifically provides for no reirnbursement from the State for plan preparation or irnplementa-tion. Rose Garcia showed transparencies and explained the SRRE and HHWE, some proposals are to establish more drop-off sites forrecycling; target recycling programs at special events andschoolsl encourage private buy-back centers for recyclables; implement curbside service to multj.pLe residences; have a region-aI composting facility; and provide strong public education. Councilman Harrison asked about tipping fees and disposal ofconcrete and asphalt, and wondered if the figures presented inreport were realistic. Ee tol,d audience the State has rnand.ated. PLEDGE OF AI.,LEGIANCE TO THE FLAG 406 this program through AB 939 and the program will resuLt in greatlncreases in costs for the city and residents. Mayor pagliirosaid the state is unwilling to increase taxes and instea6 ispassing its costs on to cities. Councilman Harrison said thecity also faces the enormous cost of closing ttre city durnp.Councilwoman otuahony reviewed a nemo from the publil wori<sDirector about mandated program cost inpact on our city. Mayor Pagliaro opened the pubtic hearing. A resident asked ifthe composting facility r4rouLd be in the city or sonewhere elser.Mayor responded it would be a regional facility and location wasyet to be determined. Iuayor pagliaro closed the public hearing. Councilwornan O'Mahony.moved to adopt RESOLUTION 57-92 Certifyingthe Negative Declaration for the Joint Source Reduction andRecycling Element and RESOLUTION 58-92 Adopting the Joint sourceReduction and Recycling Element and to conlinue the hearing onthe Joint Household Hazardous Waste Element to a future neeting,Seconded by Councilrnan Harrison. The motion carried unanimously. PUBL TC HEARING - AP PEAL FOR VART ANCES TO LOT VERAGE AND ARKING FOR AN DITTON AT 164 5 MCDONALD AV E RESOLUTTON 59 -92 City Planner reviewed her neno of June 19 which recommendedcouncil hold a public hearing and take action. KarL and AnnVorsatz, applicants and property owners, are requesting a 1otcoverage varj,ance for 41.9 percent (40 percent attoweaj and throparking variances for a covered parking sta1l 19 feet deep (20feet required) and an uncovered parking space 15 feet deep (zofeet required). The variances are needed to remodel the house byenlarging the kitchen, tiving and dining rooms by a total of a73square feet and adding a L,Z5Z square foot second fIoor. ThePlanning Comrnission denied the request for variances at its June8 neeting. she noted two letters from the applicant receivedafter preparation of the staff report (1) a fetter requestingapproval- with drawings attached and (2) a Letter with three pagepetition for approval signed by neighbors. Councj.I$/oman fnigfr[.asked about total square footage and whether the addition overthe garage had been finaled; staff suggested she inquire of theproject applicant and architect. Mayor Pagliaro opened the public hearing. Carl Vorsatz, applicant and property owner, said he is asking forIot coverage and parking variances; the 1ot coverage is needid topush his living/dining first floor qrall out four feet in order toenl-arge those rooms and the breakfast nook; the lanai cover wouldbe removed and the yard landscaped; the parking variance shouldbe al1owed because he can park in those spots,. adjacent homesalso have parking exactly the samel he atternpted to keep hisdesign with same look as neighborhood; there are no objictionsfron neighbors except one letter objecting to any 1ot 6overagevariances.in general; severaf neightors hid corne- toniqht tosupport his request; he thanked council nenbers for visiting thesite; he asked his family to stand; the breakfast area is nrjchtoo small- for his farnily; he has 1ived in Burlingame for 25 yearsand does not $rant to have to nove, this remodel ind addition-ishis only alternative. Councilwoman Knight asked about the squarefootage of the project and whether the garage had a final inspec-tion. Vorsatz and his architect said the rneasurernents includedthe garage and if there was an addition it was done before hernoved into the home. I.{ayor pagliaro asked about the drivewaymeasurements; Vorsatz said they can park a full size car andclear the sidewalk. Councilwoman Knight confirmed they couldextend the living/dining area 2.7 feet out and stay wilhin thelot coverage requirements. Uayor Pagliaro closed the public hearing and asked for a sho$/ ofhands of neighbors who supported the project, several people inthe audience raised their hands of someoneproblen with Councilman Lenbi said this application is an exampl_etrying to make improvernents wittrin code; he found. no APPROVTNG SAI\,IE 407 parking variance because they can park two cars in the driveway ;ithout blocking the sidewalk; he saw the children sitting in the breakfast roorn and they barely fit; because of existing vegeta- tion, the addition $/ouId have no impact on any neighbor; one letter in opposition was based on the pri.ncipal of l-ot coveraqe variances, not this project; this will encourage a young family to stay in the city; he vrould approve. councilman Harrison agreed, there is a 30 inch tabl-e and the family barely has room; this is a rninor variance. councilsroman otMahony said she sat at that table and it was a struggle to get up and downl the addition wouLd not interfere with neighbors and would add to the safety and comfort of the applicants. Councilwoman Knight said this was a difficult decision, she had no problem allowing the parking varj-ance but could find no extra- ordinary circumstances for the 1ot coverage variance; they could add almost 3 feet and stay within requirements but they r^Iant 4 feet; they are also adding a second storyi she would vote no. Mayor Pagliaro agreed wj-th councilman Lembi, this type addition encourages young families and it also stays within design of neighborhood; he would vote in favor. councilman Lernbi noved to reverse the Planning commission and grant the two parking variances and the lot coverage variance with conditions in staff report by adoption of RESoLUTIoN 59-92; finding the qranting of the variances wouLd in no v/ay effect other homes in the area. Seconded by Councilwoman orllahony, carried 4-1 on rotl call vote, Councilwoman Knight voting no. PUBLIC HEARING - URGENCY ORDINANCE 1465 - ALLOWING SALE OF BEER UBLTC PROPERTY WITH COUNC city Attorney reviewed his memo of June 17 which recommended adoption of this urgency ordj,nance; at the last rneeting council approved the sale of beer and wine by the Lions club at the Broadway Festival and directed an ordinance implenenting certain controls on the sa1es. The proposed ordinance amends city code to a1low councif approved exceptions to the ban on alcoholic beverages on city streets and adds several restriction on the dispensj-ng, containers and locations as requested by the Po11ce Departnent. He reminded council that an Urgency Ordinance requires approval, by at least four council members and $rithoutthis ordinance the Police would have no neans for enforcement. Mayor Pagliaro opened the public hearing. There being no ments, the hearing rras closed. com- Councilwoman o'Mahony moved adoption of URGENCY oRDINANCE 1465. seconded by councilnan Harrison, carried unanirnously 5-0 on roII call vote. council$/oman Knight said that she had voted against all,owing the sale of beer and wine at the previous meeting but because thePolice Department needed the ordinance to enforce the event she would vote in favor of this ordinance; she questioned wether the ordinace could be used for other events like the comrnunitypicnic. staff said each event would have to get approval by council first. Council,rnan Harrison suggested an addition about allowing special event containers; staff said that was not added as a condition. PUBLIC HEARING - APPROVAL OF AMUSEMENT PER},IIT FOR VIDEO ARCADE AT PENINSULA VIDEO, 1420 BURLINGAI{E AVENUE city Attorney reviewed his memo of June 5 $rhj.ch recommendedcouncil approve the permit with conditions; the applicant, Suresh Chhipwadia, is requesting an amusement perrnit for six video games at his video rental business; business hours are 11:00 a.m. to 9:00 p.m Sunday through Thursday, and 11:00 a.m. to 10:00 p.m. onFriday and saturday. The Police Department recommended condi-tions that no school age students be allowed to play the machinesduring school, hours; no nore than six machines be allowed; no food or drinks aIlo$red on premisesi the o$/ner assure no large 408 gathering of students on premises,. and the pernit be reviewed insix months an annually thereafter. the applicant hras not pres-ent. councilman Lembi suggested an additional condition tirat thebusiness provide a bike rack; his concern $/as safety problemscaused by bicycles lying on the sidewalk; staff notla- there isalso a rear entrance to site and the rack could be located there. Mayor Pagliaro opened the public hearing. There being no com-ments, the hearing was closed. councilman Harrison moved approval of an Anusenent pernit withconditions in staff reports and an additional condition forproviding a bike rack at the rear entrance and requiring custon-ers to use the bike rack. Seconded by CouncilwomJn O'Mihony,carried 4-1 on rol,1 call vote, Uayor Fagliaro voting no. OF BUST EMENT BID 22 Study any August Mayor Pagliaro reviewed the City Managerrs memo of June 16 andstated there were 15 candidates for appointment to the BroadwayBID Board which would be cornposed of 11 members; Councilwoman OrMahony said four of those candidates were originally opponentsto the BID. city Manager distributed ballots for council tonark; the first ballot resulted in 8 candidates recej,ving four orfive votes each: Peter campanile, David Hinckle, Sidney Woo, JuneHartl-ey, Noef Lemos, David constantino, charl-es Rothenbuecher andGeraLd Weisl. There were four candidates who received threevotes each and the City Manager redistributed the ballots for asecond vote on those four to choose the final three Board rnem-bers. The second bal]ot resulted in Ross Bruce, Hugh Mitchelland Mary Zencirci being appointed to the Board. Mayor pagliaro congratuLated the ne!, Board mernbers and councj-l- cornmented on thegood nix of businesses the Board members represented. SENIOR COMMI SSION IDATES Mayor Pagliaro reviewed the City I'{anager r s memo of JuIy 1 listingfive candidates for two position on the Senior Commission; Coun-cil-man Lenbi and councilwoman Knight $/i1,1 schedule interviews. TATE BUDG CANCEL TINGENC Council acknowledged the City Managerrs nemo of JuIy t hrhichreviewed the legislature and Governorrs continued debate on thestate budget. The city and department heads are planning forbudget reducti.ons from 2 to 7 percent of the adopted !9gZ-93budget. Until the state adopts its budget the city wil-l_ holdvacant five full-tirne positions, defer major purchases and delayemployee negotiations. JULY 22 STUDY },lEETING Council unanimously agreed on canceflation of the JulyMeeting; discussion ensued on possibility of cancelingmeetings but no cancellation was rnad.e. CONSENT CALENDAR Councilwornan Knight asked that (a) be removed for discussion andMayor Pagliaro removed (e) and (g) from the consent calendar. b. RESOLUTION 60-92 AWARDING CO NTRACT FOR I,AGUNA T rS COURT RESURFACING - CP 9203 Public Workst memo of June 24 recommended council award thiscontract to cordy Stroud construction of san Jose in theamount of $26,580. Stroud was the second l-ow bidder, thelow bidder withdrew his bid by mutual agreenent. RESOLUT roN 6 r--9 2 AW ING CONTRA FOR BERNAL S ER RE-c PLACEMENT cP 908 A Public Worksr memo of June 30 recommended council award thiscontract to Harty pipelines of san Francisco in the arnount 409 d of $99,556 for selrer main replacement with PVC pipe. This project is replace the sewer along properties in the area bounded by Hlffside, Bernal and the city's easenent between Bernal and Vancouver, - AUTHORI ZING AGR STORM DRAINAGE STUDY - CP 910 Public worksr rnemo of JuIy 1 recornmended council approve an amendment in the amount of $3,200 to complete the Final Report on the city wide storm Drainage Study done by wilsey & Han in 1990. City Engineerrs memo of June 30 recommended council acceptthis easement from Patricia and William Britton for a 5 by 5foot easement at the corner of California and oak crove fora handicap rarnp and future utj,lity uses. h. DENIAL OF CLAIM OF FRANK MAGANA City Attorneyrs memo of June 18 recommended council denythis clain for injuries all-egedl-y received at sterlingSultes Hotel; the city has no responsibi lities in this area. f Councilman Lembi moved approval of the Consent Calendar,ing a, e and g. Seconded by Counci)-nan Harrison, carried rnously by vo j-ce vote. REMOVED CONSENT ITE}.,IS TNTRODUCTION OF ORDINANCE 1 466 CLARIFYING RESIDENTTAL exc Iud- unan i - a TANDEM PARKTNG AND DRIVEWAY W DTH REOUIREMENTS IN R-1 & R-2 city P]annerrs memo of June 30 recommended council i,ntroducethis ordinance to clarify single family and dupfex residen-tial parking requirements and set a public hearing for July20 neeting. The Planning Comrnission noted the concept oftanden parking was confusingr as applied to single family andduplex development; pol-icy does not a11ow required coveredparking in tandem (one car behind another), we do allow one uncovered space in a driveway behind a covered space. The cornmission endorsed the concept of not allowing required covered parking j-n tandem because of the ease of convertingthe rear portion to other habitable uses; they suggestedthis prohibition be added to the code. It was also notedthat requirenents for drivev/ay r^ridth were also vague; be- cause of concern about extensive paving in front yards andexcessively wide curb cuts eliminating on-street parking,the commission recommended the code be clarified to state 91\2 feet as the minimurn width drive$ray. counc i l-r.rroman Knight agreed we need to cl-arify parking but won-dered if it adequately addressed one covered and one uncoveredparking spacei asked about parking requirernents for number ofbedroons, and covered or uncovered spaces; reviewed planning Cornrnission discussj-on fron the staff report. Councilrnan Lembitold about the reason for adoption of present parking require-ments several years ago in response to many applicants who camebefore both the commission and council, and the kinds of excep-tions aIlowed; in response to those many exceptions, council changed the law regarding parking requirements in relation to nurnber of bedrooms. Councilman Lenbi said that our code inter-prets any room with a door and window as a bedroom when the room may be used as a den, or fanily room, therefore is not as perrnis-sive as it rnay seem on the face of it. The ordinances wasintroduced for hearing on Jul-y 20, tgg2. TENTATIVE CO MINTW MAP FOR THREE UNIT S AT 612 PENINSULA Public Worksr memo of June 23 recomrnended council concurwith the Planning Commj-ssj,on and approve this map. e RESOLUTTON 63-92 - ACCEPTING DEED OF EASEMENT FOR PEDESTR]AN ACCESS AT 7 01 CAI.,IFORNIA 410 Mayor Pagliaro said he was concerned. about this project's parkingspace size and turning movements required to ent6r Lhe spa"es.Staff explained the eight feet marked on plan is the sizL of thegarage door and is standard door width, it is not the rridth ofthe parking space; three naneuvers are needed to get into garag-es, more maneuvers are needed for the guest parking space but itis not a required space. councilwonan-xnighl asked ii statfshould respond to letter frorn a neighbor regarding this project. g AL P FENC AD Publ-ic Worksr nemo of June 2G recomnended council approvethis perrnit subject to condition that the brick colirirn onthe north side of the driveway be instalLed two feet backout of the right of way and the fence be renoved. if it isnot maintained or for future work in the right of way. Mayor Pagliaro noted the applicant was present. Robert Gal,indo,applicant, asked that council aIlo$, the brick column to be ptacedat original position shown in the plans, not moved back two feetas staff report recommendsl he showed photographs of the sitewith a column superimposed both ways. Council agreed withGalindo and asked if cal-indo would remove the column at his ownexpense if city needed to work in right of way or a fence shouldbe extended afong the side property line; he said he would.Councilnan Harrison moved approval of Renoved Consent items a, e and g. Seconded by councllnan Lembi, carried unanimously. COUNCIL CO TTEE REPORTS Council of Citj.es: Councilwoman Knight reported on a recentrneeting; they encourage all cities to cornmunicate with thelegislature and covernor concerning the State budget. C/CAG: Councilwoman O'Mahony had attended a neeting; they haveappointed a cornmittee to meet with Airport Director about theAirport EIR; finance cornmittee reports C/CAG will need morefunds; money was awarded to TSM. TSM: Councilman Harrison reported they are sti11 going slow because of the air quality Board; Samtrans funding is beconingvery political . The Chanber's Office Council- is looking at M-1 zone uses. convention Bureau: Council,man Lembi said a promotional report was approved i room nights are up but revenues are down; a reporti.s sent to council each rnonth on meetings in the county. OLD BUSINESS Airport EIR: Councilwoman OtMahony said she and CouncilwomanKnight had attended a workshop on the Airport Master P1an. The housing discussion group endorsed housing east of 101. Councilwoman Knight told of a citizens group which sent a letterto the Airport Cornmission in Septernber and never got an acknowl- edgenent; there is concern about international- airlines which canget a variance from any noise regulations. The councilwomenprepared a letter for the Mayorrs signature to the Airport Commission requesting a delay of action on the EIR and Master PIan until September. Council approved the l-etter. 11-33 Chula Vista: Councilwoman OtMahony asked about rules forproperty purchased by a city, the city is spending a 1ot on theconsultant it hired; City Manager said fee is on an hourly basis,city does not have the staff to do this type work; City Attorneysaid we are required to help people in a building we purchase ruove to another location. Council asked for a progress report inthe next month or two. BID: Councj-]man Lenbi acknowledged some letters about the BID, none of these persons volunteered to be on the BfD Boardr' he objected to some of the letters. councilwoman OrMahony was 4LL pleased to have seen a merchants cleaning sidewalks and placingflags on the street for the Fourth of Ju1y. Commission Minutes: Senior, June 18; Planning, JuneLibrary Board, June 16; Park and Recreation, June 18;fic, Safety and Parking, June 17, L992. 22; Traf- a b Letter from Hunger and Homel-ess Coal-ition requesting cityrescind the 1aw making it iIIega1 to sleep in cars. Mayor requested staff write that council supports the 1aw andalso supports Sarnaritan House and Winter Shelter. c. Two letters from attorney George Corey (1) regarding orderto terminate food service at 224 Prj,mrose and (2) requestingcouncil continue any discussion to another meeting. Mayor asked if council wanted to consider changes in the limit on number of restaurants; councilrnan Harrison said he would not mindreviewing it, perhaps a change to altowing a certain number oftables could benefit some sna11 businesses l-ike this one, tirnes have changed since council adopted the linit on restaurants. Councilwoman Knight questioned the wisdon of changing this law,could cause problems. Councilman Harrison thought there was fartoo much regulation, he wouldn't rnind doing away with the lirnita-ti.on on restaurants. Councj.l agreed to hear Corey at the July 20neeting. Letter from Homeownerrs Association regarding rnass and bu1k, and new single farnily residences. d Council askedfor new homes staff to respond that council will be reviewing FARat its Septenber study rneeting. Two letters from J & B Enterprises regardi,ng concerns aboutthe Broadlray BID. Letter frorn gi11 cohendet regarding the subdivision and con-struction on Hillside Circte. Staff responded that the stairway left framed and incomplete for some time was ordered stopped by the city because the oe/ner needed an encroachrnent permit, they stopped work but have neverapplied for an encroachment permit. one large acacia tree hras removed fron the 1ot at cj-ty order because it was too oId an in danger of blowing over, the subdivider was required to replace it and did. Staff will follow up and respond to Cohendet. S. Letter from Robert at La Gare Restaurant regarding the BID. Mayor Pagliaro had received a letter requesting $5,000 city comnunity funding donation to the Shelter Network. Staff notedthat conmunity funds have already been distributed. Council asked staff to advise them of the opportunity to subnit a requestnext year. He also recej-ved a letter from cushman Wakefietdregarding difficulties with a building perniti the public worksDirector will be meeting \^rith these people. Proclamation: Councj-lwoman oiMahony said the city is blessedwith a young woman who wj-11 be cornpeting in the olynpics, sherequested a proclamation for Catriona Fallon Day on Jul-y 19.Council supported this proclamation. Fourth of JuIy: Councilwoman Knight thanked the Mayor and Chamber of Commerce for the great concert in Washington Park onthe Fourth of July. f NEW BUSINESS Schedule Hearing: Mayor Pagliaro set an appeal hearing JuLy 20for a variance to declining height envelope at 724 concord. ACKNOWLEDGEMENTS 4L2 FROM THE FLOOR There were no comments from the floor. CLOSED SESSION Mayor Pagliaro adjourned to a closed session regarding litigationand labor negotiations at 9:53 p.m. ADJOURN},IENT The meeting was regularly adjourned at l-0:15 p.m. Judith A. Malfacity Clerk