HomeMy WebLinkAboutMin - CC - 1991.07.01235
B[,RLINGAI.{8, CALIFORNIA
JuIy 1, 1991
CLOSED SESSION
Mayor Barton convened a Closed Session regarding litigation at7:00 p.m. in Conference Room A with Councilnembers Harrison,
Leurbi and O rl,lahony also present.
CALL TO ORDER
A duly noticed regular neeting of the Burlingame City Council washeld on the above date in the City HaI1 Council Chambers. The
rneeting was ca1led to order at 7:35 p.n. by Mayor Gloria Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by members of Boy Scout Troop 10 under the direction of
Leader Vroomann.
ROLL CALL
COIJNCIL PRESENT:
COIJNCIL ABSENT:
MINUTES
BARTON, HARRISON, LEN,IBI, O IMAIIONY
PAGLIARO
Minutes of the Regular Meeting of June :-7, 199L e/ere approved
unanimously on motion of Councj.lman Harrison second by
Councilwoman O I Mahony.
PRESENTATION OF PROCLAMATIONS TO STUDENTS TRAVELING TO RUSSIA
Mayor Barton presented three proclanations to be presented tothree cities in Russia - Yaroslavl, Ivanovo and Vl-adimir - bynine Burlingame and Ui1ls High school students under the Peopleto People program. Their adult leaders are Mr. and Mrs. Delbon,
teachers and residents of Burlingame.
PUBLIC HEARING - APPEAL FOR HILLSIDE CONSTRUCTION PERMIT FOR
SECOND STORY ADDITION AT 1860 I STRANO - CONTINUED
City Planner revi.ewed her memo of June 20 which recomrnendedcouncil hold a public hearing and take action. Jeff Hoeck,applicant and property or{ner, with Gumbinger Assocj.ates,architect, is requesting a hillside construction perrnit in orderto make a L,642 square foot second floor addition including a
master bedroom, bath, closet, family room, wet bar, furnace area,staircase and deck. The addition rrould increase the house by 38percent to a total of 4,3'73 square feet. The present house hasfour bedrooms; the remodeled house wiII have six bedroons. ThePlanning commission approved the request at its June 10 meeting.
The commissioners noted that while the addition is visible, it
erould not obstruct long-distance views. The decision was
appealed by a nunber of neighbors.
Councilman Harrison nentioned that the applicants say they will
have five bedroons, yet the staff report says six bedrooms; city
Planner explained that under planning rules, any room with door
and windov is considered a bedroon.
ltayor Barton opened the public hearing.
Paul Gunbinger, architect representing the owners, said theproperty owner has lived there for twelve years; he has twochildren and is planning to marry a woman with two children; eachof these children not have thei.r own bedrooms and they want themto continue to have their own bedrooms after they narry; theypfan to have family activities at the home, a faurily room andpool tabIe, etc; Hoeck talked to most neighbors and they did not
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have problems originally, but when framelrork for proposed
addition went up some changed their ninds; one cornmissionerphrased this issue srell- when he said the addition would bevisible, but woul.d not be obstructive to long distance vj.ews.
requested council uphold the approval by elanning Commission.also requested an opportunity to rebut any speakers against it.
He
He
Speaking in opposition was Jonas Harschel, I l,lariposa Court, hehad not been notified about this addition because he was outsidethe notice area, but when he saw the framework go up he becamevery concerned; he presented council with photographs of thefranerrork frorn various locations in his kitchen area; theypresently have a wonderful view of the Oakland hi1ls from thekitchen; they spend a 1ot of tine in the kitchen area and thisview vould be lost; council inquired if the photos were takenwith a telephoto lens, he replied he used 85 and 125 nilli,neterIensl council wondered about vi.ews fron other areas of this home.
Adrian llcNamara, 2941 Dolores, said the framework rea11y helps tovisualize the addition, he encouraged the city to continuerequiring applicants to build these f rameworks r. he would Like anopportunity to rebut the architect's rebuttal; he read criteriafor review of existing view obstruction from habitable areasr.consider impact to his kitchen; requirenent that there be noreflective roof, roof nay not be reflective but they will havesolar panels which wiII reflect; instead of a view of the baywhich he presently enjoys, he will have a view of solar panelsand Pvc pipes; he proposed to trin neighboring pine treei forview irnprovement if this project is approved; tle applicant has ahuge.pie shaped lot; consider that th- applicant will gain a viewat his loss of view.
Jin Grady, 2913 Frontera, not notified of plan for additionr. hisproperty value includes the view; they are not technically onhi11side, in terrace areas second stories affect panorarni3 viewr.the applicantrs frontage is much snaller because 6f pie shapeIot, and on that frontage the existing one story building does
!o! sggT disproportionate, but a two itory would be too 6ig,. hefelt this addition would be detrinental to tfre neighborhoo6.Councilnan Lembi asked from what rooms hi,s view worild beobstructed from, Grady replied the living and dining areas.
Ruth Gardner, 1837 Sebastian, nore than 50 percent of her homelife is spent in her back yard; was concerned that the buildingwould inpact the view from_her patio; she had the yard landscaledand designed for outdoor living, orienting to the iilL and opensky behindi the second story addition would become the focalpoint of her yard; she now has an unbroken view of foliage andsky; the applicantrs deck would intrude into her yard.Councilwornan O'Iilahony said the deck would be on the north side,away from Gardnerrs property. Gardner feared these second storyadditions will becone the rrave of the future; if she decides toadd a second story, she will be refused because her additionwould block this applicantrs view. She said she had no intentionof adding a second fLoor, but these second. story proposals shouldbe linited.
Robert Painter, 2933 Dolores, said he spoke to the applicant andhad no concern originally, but when he returned fron- vacation andsaw the large franelrork, he becane very concerned; the additionwiII block the view of the horizon and lights of 6akland acrossthe bay; he thanked council members for visiting his home.Councihroman O I l,lahony said he had a nice panoratnic view with lotsof vegetationr. there would not be an appreciabLe amount of vier.rcut off, perhaps 5 percent. CounciLnan Harrison said paintertold.him that 10 percent of the view woul-d be lost; painter
confirmed he said 10 degrees.
Renee Grady, 2973 Frontera, asked if there lras a quantitativeanount of view blockage pernitted; does ordinance state minimumamount before it would be reviewed. Mayor Barton noted this wasa matter of disagreenent among council and conrnissioners. Ittr.
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Harschel spoke fron audience and agreed it should be spelled out.Ilayor Barton said Harschelrs photos show a substantial loss ofview in her opinion. councilman Harrison thought Harschelts view
was about the same as the Painterrs view. l,!r. IlcNamara spokefrom the audience and thought the ordinance should be more clear.
Paul cunbinger, architect, rebutted; said Harschel home was notwithin 30o feet of the applicantrs property, that is why it wasnot notified; solar paneLs are now on the home and the applicantwill continue to use then for energy conservation; from Fronteraproperties it is hard to see the applicantts property; size oflots are all about the same in the area, the applicant has an
easement on the side of his lot which he cannot build on; hethought council should look into defining habitable room in thehillside view ordinance.
Mayor Barton closed the public hearing.
Councilman Lembi was concerned about naking any decision withouthaving seen the Harschel property, this property was not includedin the packet; he realized another delay it would impact theapplicant r' oriqinally, his first concern was about the houses onFrontera being irnpacted,. he was upset that people signed thepetition lrithout having their view affected or beinq aware ofwhat it was about; based on the photos, he $roul-d like to see theIlarschel house to observe just what view is being obstructed; hewould like to postpone any decision until the next neeting.
Councilman Harrison and Councilwoman OtMahony agreed; OrMahonysaid view from Frontera is blocked by trees; she visited the
homes, most views are fron kitchen; ordinance should specify mosthabitable areas of homes such as living and dining rooms.
councilnan Harrison said each application is considered on anindividual case. He moved to postpone any decision until thenext meeting in order for council members to visit the Harschel-
home and other houses. Seconded by Councilwoman OtMahony.
Mayor Barton conmented she considers the kitchen to be ahabitable area of the hone; she spends lots of tine in herkitchen; she also would like to see the Harschel home,. she notedthere are several two story homes in this neighborhood so the
argument that this is single story neighborhood does not wash,. weare not trying to stop people fron adding on to their houses;originally, she thought this application was appropriate becausethere are other t!'ro story homes in the neighborhood.
Council requested staff assj,st getting information to council forvisits to these sites and they asked the applicant to 1eave theframeuork up for a few days to assist them in visualizing theaddition.
The notion to continue this decision to the next rneeting carriedunanimously by voice vote. Council noted the hearing is closedand a further hearing will not be required.
INTRODUCTION OF ORDINANCE 1439 - RAISING TRANSIENT OCCUPANCY TAX
FROM 8 PER TO 10 PERCENT
city Attorney revi.ewed his memo of June 12, 1991 which
recommended council place a measure to raise TOT on the upconingba11ot and his nemo of June 27 which informed council that anappeal to the Supreme Court has not been made concerning theunconstitutionality of requiring an election for a geneial taxincrease such as this. It appears that the courts igree councilwould not have to call for an election on this question. TheCity of l,Iillbrae and San tlateo County have raised that taxrecently.
Council agreed it would prefer to adopt an ordinance; councilmanLenbi said this is a win-win situation, city would make rnoney andat no cost to homeownerrs; he could not see there any opposition
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would come from. city Attorney said councit could introduce the
ordinance attached to the staff report proposing an election;this ordinance would raise the hotel tax 2 percent with funds togo into the cityrs General Fund; there would be a public hearing
on the ordinance at the next meetinq. Councilman Lembi noted thehotels also have no objection to this tax increase.
Councilwoman o'Irlahony introduced ORDINANCE 7439 - Raising
Transient occupancy Tax to 10 Percent. Seconded by councilman
Lernbi, carried 4-0 on roll call vote, councihnan Pagliaro absent.
RESOLUTION 62-9L - CALLING FOR A GENERAL MI,'NICIPAL ELECTION TO BE
HELD ON NoVExr{BER 5, 1991 AND REOUESTING COITNTY CLERK SERVICES
city Attorneyrs meno of June 12 reconmended council adopt thisresolution calling for the regular city election and requesting
county clerk services.
Councilman llarrison moved adoption of RESoLUTIoN 62-9]-. Seconded
by Councilman Lembi, carried unanirnously by voice vote.
SETTING POLICY THAT CANDIDATES PAY COST OF PRINTING CANDTDATE
STATEMENTS AND LIMITING STAT TO 2OO WORDS IN LENGTH
City Clerkts memo of ,June 7 reconmended council continue its
previous policy of requiring candidates to pay the cost ofprinting the candidate Statement in the voterrs pamphlet and
linit the length of each statenent to a rnaximum of 200 words.
Councilnan Lembi moved to continue the previous policy as
recommended. seconded by Councilnan Harrison, carried
unanimously by voice vote.
COMBTNTNG FTNANCE DTRECT OR/CITY TREASURER DUTIES
City Manager briefly reviewed the City Treasurerrs memo of June
26 which proposed that a ballot measure be placed on the coming
November 5 city election ballot to eliminate the office ofelected Treasurer and replace this elected office by adding theduties to the existing Finance Director duties to create a
Finance Director/city Treasurer. City Manager noted this
guestion has been before city voters twice in the 1970s and lost
both times, but times have changed i the Treasurer position is a
very technical position and it would be appropriate to combine itwith the Finance Director position.
llayor Barton thought the memo would make a good argument in favorof a ballot measure; she wondered if council could prepare an
argument in favor of this question. city Attorney said he wouldprepare a resolution for the next meeting to consolidate thisquestion with the regular city election; City Treasurer may wantto prepare the argument in favor of this neasure. CouncilmanHarrison noted the city has been very lucky in the quality of itscity treasurers. Itayor Barton said she has conpletely reversed
her position on this i-ssue of elected treasurers, she firnly
supported it now.
City Treasurer Joe Harvey said the city treasurer position
reguires l-ots of technical expertise, we need top fliqht personto nake the cityrs money decisi,onsl currently the City Treasureris a part time position with the city; we have a strict selection
process for our Finance Director which could be used for
Treasureri he felt this measure should be on the ba1lot in a year
when the City Treasurer is not up for election; it would save thecity money to put on the ballot at the next regular election,rather than a special election and it would allow for atransition period bet\"reen the city Treasurer and the new FinanceDirector/City Treasurer.
239
city.Plannerrs memo of June 20 reconmended council set a publichearing for the next neeting, July 15, for this application for ahillside construction permit. planning staff called theapplicant and explained that a neighbor had raised the questionabout whether the applicant was aware that there would not be afuII council at the neeting of July 15. The applicant understoodand wished to proceed on July 15. CounciL set hearing JuIy 15.
SCHEDUI.,E APPEAL HEARING FOR HIIJLSIDE CONSTRUCTION PERMIT AT 2845
DRTVE FOR NF:XT MEETTNG
WATER TATUS REPORT -JIJNE
cent below allocation.
councilhroman o rMahony hadplay water conservation signs;eIp in distributing these signs.
ANNUAL REPORT ON CI,AIMS AND LAWSUTTS
city Manager reviewed his nemo of June 21 thich informed councilthat for the fourth straight month, hre are under our all.ocationfrom San Francisco Water. Fron July 1990 until February 1991,Burlingane tas 3.5 percent over all_ocation; from Uarch fggtthrough June, hre have been 23Residents are doing a great jo
visited a hotel which did notshe wondered if city needs mor
per
b.
diseh
City Attorney reviewed his merno of June 17 with attached 1awsuitand clain activity for 1990-91; claims against the city dropped.The recent han antenna lawsuit was decided and will give ciLiesnore control over antennas.
MAINTENAN CE OF FRANKLIN SCIIO OL FIELDS
City Manager reviewed the Recreation Directorrs memo of June 24which informed council that the park and Recreation Commissiondiscussed the poor condition of the fields at Franklin School andreconmended that council consider renovating and taking over themaintenance of the Franklin fields; he suggested council discussthis issue at a Fa11 study session. City ttanager noted councilhad discussed this last year, but it was not budgeted due tofunding constraintsi the estinated cost of renovition is g5o,ooo
to $100,000 because of draj.nage and irrigation problerns; ongoingmaintenance rrould cost about $1O,OOO a year.
Mayor Barton thought the
councilman Harriswith the school d
Lenbi had not metLinited parks andtake over this field an
would be naintained in
city could not afford to do this.ered if Councilman Lenbi had any meetj-ngscomnittee regarding this. Councilmanchool yet, but he said the city hasaying fields; he saw an opportunity tooffer facilities for city children thatsafe nanner and with no cost for
on wondistrict
with
few p I
d
apurchase of land; did not think we had to cornrnit to gloo,oooright now but could start with sourething. Mayor Barton mentionedthat some cities are going into the red, she was concerned aboutspending but willing to look at this proposal. council agreed todiscuss at the Septenber study meeting. - councilnan Harriionwould Like sone input from the schooLs regarding the natter.
CONSENT CALENDAR
Councilnan Lembi cornrnented that the city was spending $IOO,OOO onstreet lights on Broadhray under iten a; are stieet lights rnoreinportant than playing fields for our children? coun6ilworna.,
o I l,lahony noted council has agreed to address conditions onBroadrray; Lembi said he had no problem with replacing streetlights on Broadway, he was just naking a point- that f,he citycould. spend this amount on the playing fields al-so; city Mairagerand Director of public works said ttris tighting project-wasplanned years ago to repJ,ace the lights which arl below standard.
A. RESOLT'TION 63-91 - AWARDING CONTRACT FOR INSTALLATION OF
STREET LIGHTS ON BROADWAY IN BUSfNESS DISTRICT - CP 9025
MARTPOSA
240
Pubtic Works merno of June 25 recommended council approve a
contract with Arc Electric in the amount of 926,932 toinstall 20 new Northhampton street lights along the businessdistrict betr een E1 canino and California.
b. RESOLUTION 64-9L - TEI.IPoRARY SUSPENSION oF SECTIoN 7.02(8)
SETTLE},{ENT EMENT WITH SAN FRANCISCO WATER DEPT.
Publ.ic works memo of June 25 recommended council adopt a
resoluti,on tenporarily suspendingT provision of Section 7.02(b) of the contract for Fiscal Year 199L-92.
APPROVE INSTALLATION OF PARKTNG METERS ON CALIFORNIA, EAST
SIDE BETWEEN HOWARD AND PENINSULA - INTRODUCTION OF
ORDINANCE 1440 - ESTABLISHING TWO HOUR PARKING ZONES ON
HOWARD AVENUE, SOUTII SIDE, AND BAYSWATER AVENUE, SOUTH SIDE,
BETWEEN CALIFORNIA DRIVE AND LROAD TRACKS
Public works rnemo of June 25 reconmended council concur with
the Traffic Conmission to install nine two-hour neters al.ong
the east side of California Drive in front of Saturn and to
introduce an ordinance to establish two hour parking zones
on the south side of Howard Avenue and Bayswater Avenue fromcaLifornia Drive to the railroad tracks.
d DENIAL OT CLAIMS:
GUELFO SEBASTIANI
(1) EUGENE HANNAN; (2) RENEE ISOLA; (3)
City Attorneyts nemos recommended denial of these clains for(1) injury in a pedestrian/auto accident; (2) tree branchfalling on car; (3) tree branch falling on car.
e. TENTATM CONDO}{INIUU },IAP roR sIX TNITS AT 1532 FLORIBT NDA
Pub1ic works nemo of June 25 recommended council concur viththe Planning Conrnission and approve this re-application.
f . 1991-92 INST'RJANCE COVERAGE
city Attorneyrs neno of June 26 recommended councilauthorize purchase of excess insurance from Insurance
company of the west for liability and from ceneral
Reinsurance for lrorkerrs compensation.
CounciLnan Harrison moved approval, of the Consent Calendar.
seconded by Councilman Lembj., carried unan j.rnously.
COT'NCIL COMMITTEE REPORTS
c/cAG: CounciLnan Lenbi said they are discussing philosophical
issues, Language of contract; it had his head spinning. llayor
Barton worried about the city spending $34,000 on this group and
whether the group could acconplish anything. San Bruno does not
belong to this group; staff said that city would have to developplans on its own to qualify for Prop l-11- funds. As it stands, lre
may not qualify for those funds either. councilrroman orMahony
discussed the different level of service designations that El
Canino is given in San Mateo county and in San Francisco.
Chanber of Cornrnerce: Councilman Harrison told of recent Hotel
Council and office Council subconmittee neetings.
OLD BUSINESS
INTRODUCTION OF ORDINANCE 1441 - SINGLE FAI,{ILY SIDEWALK REPAIRS
councifman Ilarrison reviewed the ordinance adopted l-ast year to
have the city pay for all sidewalk repairs for single fanily
homes in the R-1 zones. He has since heard from people who live
in single family homes in R-2 and R-3 zones. He srould like to
have the city pay for sidewalk repairs for aII single farnily
homes. Director of Public Works said the current sidewalk
c.
24L
project notices have already been sent to residents, there is a
chance that soneone would have work done on their own, then city
would have to repay that person. There was discussion ofdetermining ldhere these singte fanily homes are located.
Councilman Harrison introduced an ordinance to cover all singlefanily hones for sidewalk repairs and to include the currentsidewalk project in this coverage.
NEW BUSINESS
Appeal Hearing Withdrawn: City Planner announced council had
received a letter fronr appellant for special permit at 1430
Colunbus withdrawing their appeal which had been scheduled forthe JuIy 15 meeting.
ACKNOWLEDGEIIIENTS
a Commission Minutes:Recreation, June 20;
Library Board, June 18; Park and
P1anning, June 24, 19 91- .
b. Letter from Coastal Conmission urginq city to participate in
Coastal Cleanup Day, Septenber 2L, 799L.
Ilayor Barton asked about adopting a beach and participating inthis Cleanup Day; staff said the city usually has its sunner crew
work on beach cLeanupr' if a service club or organization comes
forrrard the city could assist organizing this event.
Grandstand Dedication: Mayor Barton announced the dedication ofthe restored Grandstand at Washington Park at 4:30 p.n. after the
Fourth of July Celebration.
FRol{ THE FLooR - There rrere no comments.
ADJOI'RNUENT
The neeting was regularly adjourned at 9:22 p
dith A. Macity Clerk
m
(