HomeMy WebLinkAboutMin - CC - 1992.12.07480
BURLINGAIIE, CALIPORITIA
December 7, L992
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was
held on the above date in the City HaIl Council Chambers. The
ureeting was called to order at 7:30 p.m. by Mayor Bud Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG
Cub Scout Troop L28, Dens 5 and 9, presented the colors and led
the pledge. Their den leaders Karen Ditman and Laurel Swets lrere
also present. Councilwoman otMahony thanked the troop and
congratulated them for planting three trees near Broadway; she
said the boys could watch the trees grow and the trees would be
20 feet tall when the boys went off to college. The troop
presented the city with a paper banner signed by the boys thank-
ing the Park Department for the trees.
ROLL CALL
COI'NCIL PRESENT:
COT'NCIL ABSENT:
HARRISON, KNIGHT, LEMBI, OIMAHONY
PAGLTARO
MINUTES
The minutes of the Regular Meeting of November 16, L992, the
Study Meeting of November 18, L992 and the Special Meeting/Closed
Session of November 30, L992 were approved unanimously on motion
of Councilwoman OtMahony, seconded by Councilwoman Knight.
PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT TO EXPAND PRTUARY
DWELLING WHERE TWO DWELLTNGS EXIST ON SITE AND VARIANCE TO
DECLINING HEIGHT ENVELOPE - 850 WALNUT AVENUE - RESOLUTTON
102-92 - APPROVING SPECIAL PERMIT AND DISAPPROVING VARTANCE TO
DECLTNING HEIGHT
city Planner reviewed her memo of December l- which recommendedcouncil hold a public hearing and take action. Mr and Mrs Dungca
are requesting a special permit and variance in order to add
757.5 square feet to the master bedroom and bath on the second
floor of the house at the front of the lot at 850 Walnut, zoned
R-1. The special permit is needed because the use of the proper-
ty is nonconforming with the single family zoning; there are twodwelling unj-ts on the site, one at the rear circa 1918 and one at
the front circa 1958. Both received building permits from the
city at those times. Today a use permit is required in order to
add to a primary residential unit when two units are on the site.
They also need a variance because the addition extends into the
declining height envelope. The addition would occupy about half
of an existing deck over the garage roof, extending the rear waII
of the second floor seven feet. The Plannj-ng Commission voted
3-3-1 to approve the special permit and variancer'a tie vote is a
denial. The applicant has appealed this denial to council.
Geuncllyosqrr tsgighE ash@ ho{d *ueB Er19 appripenE couls eypapo qnd
stay witirin code. City Planner said instead of a blank wall they
could add a 2.5 by 7 foot area if they added a dormer window as
allowed by an exception to the declining height envelope; if they
exclude the dormer they would be required to reduce tire project
17.5 square feet moving the new portion of the second story back
2.5 feet.
Mayor Harrison opened the public hearinq.
Barbara Dungca, applicant, noted the procedure for doing this
addition has been overwhelming; she said lots of her neighbors
support this application; the addition area is screened from
neighbors by the trees; she asked for a chance to rebut.
Ross Butl-er, neighbor at 1519 Forest Vj.ew, said a letter written
by Dungca contained errors regarding the number of trees they had
planted and damage done by the treesi he removed a pine tree at
Lhe cost of over $l-,OOO that did damage to Dungcars foundation,
his insurance paid her $8,300 for this damage; the existing
cypress tree subsequentty ptanted is dying. He showed council an
aeiiaf photograph of the site and surrounding homes. The subject
house is non-conforminq and he felt any addition would be an
irnposition on his privacy; this is a large 2,800 square foot
house and he was sure there was a way to expand within the wa11s
of the house without invadin
damage and insurance payment
woman orMahony and Mayor Harpetition approving of the pr
reviewed the plans; But1er c
did not actually review the
vice-pres idential debates an
applicant told him it was on
he skyline. He reviewed the tree
or Councilwonan Knight. Council-
on noted Butler had signed a
ct, the petition said he had
onfirmed he signed the petition but
plans because he was watching the
d did not s/ant to be disturbed, the
1y a 14 inch addition.
gtsfris
oje
Mrs Rendon, 1513 Forest View, said on the application for vari-
ance the applicant stated the addition woufd not be visible; she
showed on the aerial- photograph that it would be visible to her.
UBLIC CO
card Room: EIi Needle, 3133 Frontera, had rnailed a letter to
councj-l requesting he be a11os/ed to open a card room on Bayshore
Highway. He said there is a game roorn in colna L/hich is very
successful and he would like to have sonething like that in our
cj-ty for seniors to enjoy. This plan is a little different than
$/hat he previously presented to council; there is a building on
Bayshore across fron Hyatt Hotel-; he proposed a shuttle bus for
patronsr' they would be over 21 years of age; there would be
security; people love to play cards and gamble, this would bringr
in revenue to the city. Counci] thanked hirn and took no action.
COI]NTY REOUEST R HOMELESS FTJNDS
Mayor Harrison said councilman Pagliaro had called him and asked
that council hol-d off any funding for homeless for a while since
there has been a change in the director of the Peninsula Founda-
tion which will administer the funds. City Manager reviewed his
memo of November 16 which asked council direct staff; council has
budgeted $9,ooo for homeless funding and an additional $2,000 for
the winter shelter. councilv/oman o'Mahony moved to approve
$2,000 funding of the Winter Shelter. seconded by Councilrnan
Lembi and carried unanimously.
COI]NCIL ASSIGNMENTS
Mayor Harrison said the assignments e/ou1d remain the same except
that he $roul-d be alternate to the convention & visitors Bureau.
481
Dunqca said there is no way they can expand the bedroom and bath
within the present waIts. Mayor Harrison closed the public
hearing.
City Planner responded to council questions about present lot
coverage which is 41 percent and ability of council to make
conditions. Councilman Lembi was bothered that neighbors could-
nrt reach an agreement on such a srnall addition; he al,so had a
problem with the size of the property; the applicant's are
allowed by code to make an addition, the question is whether not
to have a window. councilwoman OtMahony could see the applicants
need more roon but she $rould }ike to see addition done within
code. councilwoman xniqht was concerned about large buildings as
are many citizens in Burlingame; she moved adoption of RESoLUTIoN
ro2-92 to approve the special pernit with a change in condition
one to allow no exceptions to the declining height envelope, to
deny any windows in the new portion of the wa1J. facing the side
yard and to deny the variance to decLining height. The motion
was seconded by Councilwornan OtMahony and carried unanirnously 4-0
on roll call vote, Councilman Pagliaro being absent.
482
DEPOT REMOD cP 9027L
Pubtic works Director reviewed his nerno of November 23 which
recomnended council give both the protesting bidder, fPG, and the
winning bidder, Marshall, an opportunity to address council. on
Novernber 10 seventeen bids were opened and the low bid of $81,500
was from Marshall construction; the second lowest bid of $85,000
was IPG Builders. IPG wrote a letter dated November 11 request-
ing disqualification of the Low bidder because the addendum was
noi submitted l^rith the bid. The addendum was faxed to the city
by Marshall later the day of bid opening. The addendum j-s
prinarily ctarification of items discussed at the preconstruction
rneeting and had minirnal- irnpact on the bidding. The city Attor-
ney's merno of November 20 indicates the city can award this bid
to the 1ow bidder, Marshall construction.
Ike cuil]ory, President of IPG Builders, stated there were 17
bidders and Marshall was the only one that did not provide the
addendurnr' the addendum is not iust clarification, it adds costs
to the bid; who can say if they added these costs into their bid.
It says in the bid document that the addendum must be attached to
the bid proposal; he felt it was unjust to award to I'larshall.
There was no representative present fron Marshall construction.
Council discussed with Pubtic Works Director, asked if Marshall
r^ras present at pre-bid rneeting, can we guarantee there woul-d be
no add-ons to contract. Director was not sure if Marshall was at
the pre-bid meeting, not all the bidders were present; Marshall
was it the bid opening and cal-l-ed their office and they faxed the
addendurn to the aity. city Attorney said Marshall is obligated
to stand by their bid.
Councilwoman OtMahony moved to award the contract for Bus Depot
Remodel, cP 9027, to Marshall Construction in the amount of
$81,500 and to deny the protest of IPG Builders by adoption of
RESoLUTION lo3-92. seconded by Councilwouran Knight and carried
unanirnously by voice vote.
DRAFT 1991-92 AUDI? REPORT AND MANAGEMENT LETTER
Mayor Harrison acknowledged the Finance Directorrs merno of
Delember 3 with the attached draft audit. Mayor Harrison noted
he and councilwoman orMahony would be neeting with the auditors
and finance staff to review the draft this week.
CONS CALENDAR DDED ITEM (n)TO CONSENT ENDAR
litayor Harrison said there is another item which needs to be added
to the Consent calendar,' after the agenda hlas prepared, staff
realized that the Temporar
Settlement Agreement with
adopted before the end of
rneetings this year, counci
iten to the agenda. counc
agenda. Seconded bY Counc
Regarding rrert councilman L
staff said we are rePlacin
ton Park ballfie1d. counc
the Lighting ordinance, It
for commerc j,a1 lighting,' c
ODU ORD
uspension of Section 7.o2(b) of the
Francisco Water needed to be
year; since there are no more
ult unanimously agree to add this
an Lenbi moved to add item "mrr to
oman OrMahony carried unanimously.
i asked about lights in the Park;ixtures on the poles in the washing-
ornan orMahony suggested a change intrcn to remove the height linitation
ci- 1 concurred.
475 GCI VEND
yS
san
theIn
i1n
i1w
embgf
iIw
em
oun
a
MACHINES
city Attorneyts meno of November 23 recomnended counciL
intioduce th-is ordinance, and schedule a public hearing for
January 4 | 1gg3, to ban cigarette vending rnachines il tJl
areas -except bars; the ordinance will not go into effect
until 90 d-ays after adoption (beginning of April) thus
CANCELLATION OF DECEMBER 21 MEETING
Councilrnan Lembi rnoved to cancel the Decenber 21 meeting.
seconded by councilvronan Knight, carried unanimously.
PROTEST HEARING - RESOLUTION 103-92 - AWARDING CONTRACT FOR BUS
c
h RESOLUT ION 108-9 2 AP PROVING AGREEM FOR ALTERNA
483
giving t j-rne to locate and nove or remove these rnachines; thecity'has a Police employee on light duty who can survey the
premises for vending machines.
TNTRODUCTION OF ORDTNANCE 1476 - ADOPTING THE STATE I4ODEL
WATER EFFICIENT LANDSCAPE ORDINANCE
city Attorneyls memo of November 17 recommended councj.lintroduce this ordinance and schedul-e a public hearing for
,January 4, .1993. fn 1990 the State leglslature passed thewater conservation in Landscapinq Act which established atask force to prepare a rnodel water conservation ordinance
and require that cities and counties adopt the model ordi-
nance or their own ordinance, or make findings that such anordinance is not necessary. The model ordinance has beenprepared and council must take sorne action by January l-,1993. It requires the building and park departments review
landscape plans but most of the work is done by outsideprofessionals and contractors. We can charqe a fee for thereview but he suggested there be no fee until staff has some
experience with the actual time required to review p1ans.
CTTON OF ORDTNANC ERTOR LTG
City Attorneyrs memo of Novernber 24 reconnended councilintroduce this ordinance and schedule a public hearing forJanuary 4, 7993. Council has been studying control overexterior lighting for some months and recentty requestedstaff prepare an ord j-nance; this ordinance will set limitson commercial lighting that the cone of light or directglare be kept entirefy on the property and fixtures be nonore than nine feet high (staff feels nine feet is not prac-tical for parking l-ots and suggested council revise thatsecti-on); residential property has the sane linitations pJ.usthe requirement of shielded fixtures and a prohibition of
f lood1it waIls; there is a procedure for variances; thisordinance does not apply to perruitted signs.
N 104-92 - AWARD -93 Sr EW
CURB AND GUTTER RE ArRS - CP 91-15 ( 1)
Public Works memo of Decenber 1 recommended council award'this contract to Floyd Construction of Willits in the amountof $l-67,562.65. This job will cover the area bounded byCortez and Vancouver to the east and west, and Hi]lside andAdeline to the north and south, plus sidewal-k on Carolanfronting Burlingame High School and l{ashington park.
Public Works memo of November 23 recommended counci.l awardthis contract to ceneral Lighting servj.ces in the amount of
922,87O for replacj,ng light fixtures at the ballfie1d.
f. RESOLUTTON 106-92 - RENEWING ANIMAL CONTROL CONTRACT
City Managerrs meno of November 23 recommended council
approve renewal of the animal control and shelter facilitycontract with the County of San Mateo which then contractisrith the Peninsula Humane Society.
7-92 --WAY C
FOR EL CAI',lf NO REAL SIGNAL PROJECT
d
e
s
Public Works memo of Novenber 25 recommended council approvea resolution authorizing the pubLic Works Director to pro-vide certifications for right-of-e/ay on EI Camino.
E WATER
SUPPLY AND ROUTE STUDY
Pub1ic Works nemoan agreement with
of Decembef -2 recommended council approveStetson Engineers in the amount of 932,335
b.
RESOLUTTON ].05-92 - AWARDTNG CONTRACT FOR WASHINGTON PARK
BALLFIELD LIGHTS - CP 921,6
484
for professional engineering services to evaluate the alter-native routes for construction of pipeline to recej-ve water
from the San Andreas water treatment plant terninal storage
or an aqueduct leading therefrom and deliver water to l-oca-
tions in the Cities of Millbrae and Burlingane. Millbrae
has agreed to participate in the study up to $15,o00.
i. RESOLUTION LO9-92 - ACCEPTING COMPLETION OF AIRPORT BOULE-
VARD REHABILITATION, PHASE 18 - CP 9328
Public Works rnemo of December L recommended council accept
as completed the underground utility and roadr,ray irnprove-
rnents installed by G. Bortolotto and Company in the amount
of $1,456,909.35. This is the second of a multi-phaseproject ained to increase access al,ong Airport Boulevard aswell as work needed in conjunction with the 1andfi1l re-quirements and wwTP irnprovements.
RESOLUTION 1,IO-92 - ACCEPTTNG COMPLETION OF WASHINGTON PARKl
k
WATER WELL - CP 9].14
Public Works memo of Decenber 2 recommended council acceptthe project as completed by ASE Drilling in the amount of
577,984.20. This is the first of tvro phases to develop wellwater irrigation for the park.
I,ABOR AGREEMENTS WITH (1) FTRE FIGHTERS, (2) POLICE AND FIRE
ADIUINISTRATORS AND (3) DEPARTMENT HEADS AND UNREPRESENTED
EMPLOYEES
Three City tlanager memos dated November 24 recommendedcouncil approve these agreernents with three employee groups;the aqreements are in accordance with council authorizationas revised during negotiations and previously approved withother groups.
1. DENTAL OF CLAIM OF VAHI DAKESSIAN
City Attorneyrs memo of November 23this claim for danage to a vehiclewith a city vehicte.
recommended council deny
involved in a collision
m
Public Works meno of December 4 recommended council adopt aresolutj.on tenporarity suspending provisions of Section7.O2(b) of the contract for FY L992-93.
CounciLman Lernbi moved approvat of the Consent Calendar.ed by Councilwornan o tlttahony, carried unanirnously .
second-
COUNCTL CO TTEE REPORTS
Convention Bureau: Councilman Lembi reported the board has hireda tenporary director and established a committee to hire a newexecutive director.
Crirninal Justice: Councilwornan Knight reported they have aninterim director and reported on the success of the midnightbasketball games which PG&E is supporting to combat drug and gangactivity in East Palo A1to.
Airport . Roundtable: Councilwornan OrMahony reported on a meetingabout the airport noise variance, hope to qet extension untilMarch; working on reduction of use of Runway One. City planner
suggested council members gj.ve citizens who call then aboutairport noise the phone number of the Airport Noisd center andteII then to call imrnediately when the event occurs; this centeris the lray the airport tracks airlines making noise.
Council of Cities: Mayor Harrison attended a rneeting at $rhich
Senator Kopp spoke about transportation to the airport.
RESOLUTION 111-92 - SUSPENDING SECTTON 7.02(b) OF THE SET-
TIJEMENT AGREEI'IENT WITH SAN FRANCISCO I^7ATER FoR FTSCAL YEAR
L992-93
485
a
OLD BUSTNESS
councilwoman o'Mahony noticed a l-5 percent reduction in the
Library branch circulation but didn't see any explanationr' staff
will review. Speaking of the Library, Mayor Harrison said a
large tree was struck by lightning at the Library; staff said it
had been trimmeil and hrould be watched to see if it survives, it
may have to be removed; Mayor said this night then be an area for
library expansion. Councilwoman orl"lahony asked about PG&E
undergtound projects; staff said uhdergrounding funds are not
available for residential areasr' wilson Lau, PG&E, said they are
willing to work with cities on underground projects. Councilwom-
an Knight said council had received a petition from residents on
A1ner asking for a stop sign at A1mer and Floribunda. Mayor
Harrison said that would be referred to the Traffic Commission
alonq with a memo fron the city clerk regarding a caII from a
resident about dangers crossing California at Bel levue/ Lorton.
councilwornan Knight rnentioned there was litter on the empty Iot
at oak Grove and. EI canino.
NEW BU STNES S
wedding: Mayor Harrison congratulated the Fire Chief on his
recent marriage. PG&E: Mayor Harrison . introduced wilson Lau,
the representative from PG&E, and welcomed hin.
ACKNOWLEDGEMENTS
Commission Minutes: Traffic, Safety and Parking, November
l-2; Beautification, November 5, Senior, November l,9i Park
and Recreation, November 19; Library Board, November 17;
Planninq, November .23, L992.
Proclamation: Drunk and Drugged Driving Prevention Month,
December L992.
Letter from EIi Needle, 3133 Frontera, proposing a card room
on Bayshore Highway. Councilwoman Knight said she read a
newspaper article about neighbors of a card room busj.ness
petitioning a city to remove the business; staff will write
that council does not support this activity in Burlingame.
Letter from congressman Condit urging council adopt resolu-
tion supporting an end to unfunded federal mandates. coun-
ci1 asked for a letter of support and a copy to the Gover-
nor.
Letter from Barbara Nagata urging council not approve the
Airport MoU. Mayor Harrison noted council woul,d be discuss-
ing this at the January 4 neeting. Mayor Harrison had a
letter from an elderLy citizen complaining of garden pickup
chargesi staff said there is a sllding scale to assist the
elderLy.
SETTLE}.,IENT AGREEMENT - SAUER V. BIJRLINGAI,TE ET AL
city Attorney said unless council wished to discuss in closed
session, he recommended council approve a $5,ooo settlement inthis suit regardinqT a fa11 on Bayswater. Councilrnan Lembi moved
to approve the settlement of $5,000. seconded by councilwoman
o tI"Iahony, carried unanimously.
ADJOURNMENT N MEMORY OF ROSEMARY LANCASTER },,IONRO Y
At 9:02 p.m., after a mornent of silence, Mayor Harrison adjourned
the neeting in memory of Rosemary Lancaster Monroy, sister of
dith A. Malfatti
b
c
d
city Treasurer Joe Harvey.
city clerk
e.