HomeMy WebLinkAboutMin - CC - 1991.07.15BURLINGAI.{E, CALf FORNf A
Jul-y 15, 1991
CALL TO ORDER
A duly noticed regular neeting of the Burlingame City Council was
hel-d on the above date in the city Ha1l Council Chambers. The
rneeting was call-ed to order at 7:31 p.n. by Mayor Gloria Barton.
L,ed by Police Commander Gary Iitissel.
ROLL CALL
COTNCIL PRESENT: BARTON, HARRISON, LEI.{BI,
COI,NCIL ABSENT: PAGLIARO
I.{INTJTIES
O I MAHONY
Minutes of the Regular l"leeting of July !, L99L were approved
unanirnously on rnotion of councilman Harrison, seconded by
Councilwoman OtMahony after a change on page 3 to note theHarschelrs property was not listed in the packet, and his addressis 8 Mariposa and he used both an 85 and a 125 nillimeter lensfor his photographs.
PRESENTA TION TO LOCAL HERO
Uayor Barton asked the Fire Chief to come forr^rard to present a
commendation to Charles Drechsler, 225 Bancroft Avenue, $/hoentered a burning house at 232 Bancroft on July 7 to rescue the
96 year oLd resj.dent sleeping in the house. Council and the
audj,ence applauded the young man.
CONTINUED APPEAL FOR A HILLSIDE CONSTRUCTTON PERMfT FOR A SECOND
COMMIS S IONSTORY ADDITION AT 1850 CAPISTRAN O - UPHOLD PLANNING
City Planner reviewed her rnerno of Jul-y 3 which recommendedcouncil take action on this request. The public hearing wasclosed at the last meeting, but council continued action in orderto make rnore site visits to observe views. City plannerrs memoof June 20 reviewed that Jeff Hoeck, applicant and property
o$/ner, with Gunbinger Assocj.ates, architect, is requesting ahilLside construction permit in order to nake a L,642 square foot
second floor addition including a rnaster bedroom, bath, closet,family roon, wet bar, furnace area, staircase and deck. Theaddition would increase the house by 38 percent to a total of4,373 square feet. The present house has four bedroons; the
renodeled house will have sj-x bedrooms. The Planninq Commission
approved the request at its June 10 neetinq. The commissioners
noted that whiLe the addition is visible, it would not obstructlong-distance views.
Councilman Lenbi said he had visited the Harschel home and they
and others in the are r^rould lose a part of their view with thls
proposed addition; this is a tough decj,sion, he aI$rays tries tohelp young farnilies, but he could not vote in favor of it.
council$/oman Otl"lahony said she attempted to see the impact fronFrontera; she noted a respondent who said he was not noticed forthis project; city Pfanner said notices are sent to the owner ofrecord, if property recently changed owners or was rented they
rnight not be noticed. Councilman Harrison saj,d council is
between a rock and hard spot; the ordinance is unique but
arnbiguous, it leaves a 1ot to personal interpretation,' he thought
Commissioner Mink said it well at the Planning meetlng, thedifference is between a visible structure and a structure whichobstructs views; this addition woul-d be visible but would notobstruct; trees will, cover more view than this structure; he
favored supporting the Planning Commission approval-. llayor
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PLEDGE OF ALLEGIANCE TO THE FLAG
243
Barton connented the ordi.nance is clear to her, any obstructionof view shouLd not be allolred; looking at the Harschel property
she felt the view would be significantLy affected; views mean a1ot to some peoplei years ago Mil1s Estate asked for a tree
ordinance to save views, she hoped people uould top their treesto save neighbors views, but to block view with an addition isnot fair; what about the resident on lower property who mentioned
she night want to add second story and not be allowed because heraddition hrould block view of this addition; she favored denial ofthe request.
Councilman Lembi moved to reverse the Planning Conmission
deny the application. Seconded by Mayor Barton. Motiona tie vote, Mayor Barton and CounciLnan Lenbi voting yes,
Councilnan Harrison and Councilwoman OrMahony voting no.
Planning Comnissionts approval prevails.
and
lost on
The
APPEAL FOR HILLSIDE CONSTRUCTION PERMIT FOR SECOND STORY ADDITION
AT 2845 }IIARTPOSA DRIVE - DENIED
City Planner reviewed her memo of Jul,y 1 which recommended
counciL hold a public hearing and take action. Kai-Yee Woo,architect, and Kuang-Hui Lee, property orrner, are requesting ahillside construction pernit in order to add an 1832 square foot
second story to the 21846 square foot one story single farnily
house at 2845 Uariposa. The proposed second story lrould addthree bedrooms and three bathrooms and a study to the structure.
The first floor would also be remodeled to add a breakfast area,stairway, and to extend a first floor roon. The 373 square footaddition to the first f l-oor woul-d extend lot coverage from 35.6percent to 39.9 percent (4O percent allowed). The total, floor
area of the remodeled house would be 4,981 square feet, includingthe two car garage. ALl other zoning requJ-rements are met. The
Planning Commission denied this request at its June 10 rneeting.
Two letters were received after preparation of the staff report,a letter from charles Kavanagh, engineer for the Brattesanj-ts at
2849 Irlariposa (immediate neighbors), with figures and diagrams
showing horizontal and vertical view impacts, and various
elevation comparisonsl and one from Anthony and Jeanne
l,Ianiscalco, 2815 Mariposa, opposing the project.
Mayor Barton opened the public hearing.
William Joseph, architect representing the Lee family, said the
Lees regret they were unable to attend tonighti this project hasraised nany high emotions in the neighborhood and it j.s verydisturbing; the Lee fanily had only been in the United States fora fel months and, before escrow closed on this house, the Lees
had received letters from the Brattesanirs attorney; Lee is not areal estate speculator, he is in the broadcasting business; Lee
sees Burlinqame as his long term home site; the second story onthe Brattesani hone lras only conpleted a year ago, the Lees
looked at that hone and used it as a nodel for what they wanted
e sholred photo transparencies of the two housesl hein or lose at the Planning Cornmission, these hillside
always seem to find their way to council; he hoped
guidance from the council- in order for the Lees tor homei he reviewed the hip roof design and locationof upper walls; they tried to keep obstruction to a ninimurn; he
asked about reducing the size and locati-on of the upper flooradditioni he rnentioned that second and third architectural
drawings are a great expense for the applicant. He asked for an
opportunity to rebut.
Councilman Harrison said views nust not be blocked from habitable
areas of the house. councilwoman otllahony asked about size ofthe deck area in the back yard at 2845 Mariposa, she thought the
deck area would be a good place to expand the house.
Speaking in opposition: Martin Orlick, attorney representing theBrattesanirs, said the Planning commission soundly rejected thisplan; the entire view from the lower fl,oor of the Brattesani home
in a home; h
noted that w
app l icationsfor help and
upgrade thei
would be lost, the portion of the view remaining is the
Burlingane Hi11s area, the l-ong range views of oakland are lost.
Joe Brattesani, 2849 Mariposa, thanked council nembers forvisiting his hone; he has lived there for 20 years and his family
spends a lot of tine in their hone; he welcones his new neighborsthe Lees, but he does not want to lose his view; he reviewed a
booklet he had presented to each council member with photos ofthe views fron his rrindows and the impact of the proposed
addition fron each window using transparency overlays. He urged
councj,I to deny this request. Rufina Shevchuk, 2822 Trousdale,
read a poem she composed entitled trRequien fot 2A45 Mariposa.rl
Rebutting, Willian Joseph told of the Lees wish to integrate intothe neighborhood; nothing Lee said at the Planning Comrnission was
meant to be deceptive; he asked for direction from councj-l
regarding how the Lees could improve their property.
Mayor Barton closed the public hearing.
Mayor Barton felt sympathy for the Lees, she welcomed them to the
community; she agreed the ordinance is confusing; she feltcouncil would be aniss if it does not spe11 out some guidelines
for applicants for second stories. Councilman Lembi reviewedprevious councilrs emotional hearings on adoption of thisordinance, he thought the ordinance was arnbiguous, but at thistine we have not been able to arrive at anything better. Mayor
Barton did not think the ordinance was arnbiguous, what isconfusing is getting into percentages of views; council has to
agree on what it construes as blocking of viet; there is no
confusion in her mind as to what is blocking a view. MayorBarton asked that council bring this ordinance to a study
meeting, neanwhile she asked that residents get ideas to council
on what they want in the viev, ordinance.
councilman Harrison did not think the ordinance was cl-eari
because council takes action on one project does not set aprecedenti think the Brattesani presentation was excellent;
anyone can see their view lrouId be inpacted; he supported thedenial. Councilrdonan Ottlahony thought the ordinance was working,
and Brattesani gave some additional guidetinesl she was irnpressedwith the Kavanagh report which helped her iurmensely; she hopedthe Lees would be able to create nore living space in the deckarea she rnentioned earlier. Councilman Lembi said thisapplications shows exactly why the city adopted this ordinancelthe CC&RS of the Mills Estate area protected views for 30 years
and he hoped they were reenacted. Mayor Barton saj-d she wouldvote against this addition, but she was concerned about the Mi11sEstate area, there are sone borderline applications which are notas easy to decide; she hoped the residents would get together andinf orm counci I t hat they r^/ant .
Councilman Harrison moved to uphold the Planning connission.
Seconded by Councilnan Lernbi, carried unanimously 4-O by rollcall vote.
D1ayor Barton called for a recess at 8:35 p.m. The meeting
reconvened with four councj.l members present at 8:45 p.n.
SECOND READING -
FROU 8 PERCENT T
ORDINANCE 1439 RAISING TRANSIENT OCCUPANCY TAX
o 10 P ERCENT
City Attorney reviewed his neno of July 3, 1991 which recommended
council hold a public hearing and take action. At a recent
neeting, council introduced this ordinance increasing the TOT
fron 8 percent to 10 percent; it was first proposed to be placed
on the upcoming election ballot. fhe effective date for this
ordinance is Septenber 1, 1991. An ordinance is usuallyeffective in 30 days but we need to allow the hotels some time toadjust to this change. The Finance Director has suggested
September 1 l^rould be an appropriate date; Millbraers hotel tax
increase was effective July L, L99l; the additional percentage
will raise about $1.25 nitlion annually. He noted a letter in
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245
opposition to the ordinance was received frorn l{ilLian Van Horn
who felt this tax increase should be placed on the ballot.
Mayor Barton opened the public hearing.
Alan llorn, 1325 Paloma, favored the ordinance but suggestedhotels would be better neighbors if they participated inrecycling and water conservationi he suggested those that donttparticipate have the tax raised to 11 or 12 percent. Councilrnan
Harri,son inforned Ilorn that the Chanberr s Hotel Council hasrecentLy discussed Irater conservation and recycling.
Councilman Lembi said again that this is a win-win situation forthe city; he moved for adoption of ORDINANCE 1439. Seconded by
Councilman llarrison, carried unanimously 4-0 by roll call vote.
Public Works Director reviewed his merno of June 25 which
recommended council hold a public hearing and take action. TheTraffic Commission recommended that council instatl nine two hour
meters along the east side of California from Howard to adistance of 30o feet south. They al,so recommended the south sideof Horrard and the south side of Bayswater fron Cal-ifornia Driveto the railroad tracks be posted for two hour parking.
D1ayor Barton opened the public hearing.
Tom l,tackin, saturn of Burlinqame, appreciated the Traffic
Comnissionrs action on this ordinancel his business experiences
problerns with train riders parking all day in front of business;
meters should eliminate this problem and he urgTed approval.
tlayor Barton closed the public hearing.
Councilwoman O'Mahony noved adoption of ORDINANCE 1440. Seconded
by councilman Harrison, carried 4-0 on ro11 call vote.
SEcoND READING - ORDINANCE 7447 - AI.{ENDING CITY RESPoNSIBILITY
FOR STDEWAI.,K REPAIRS TO INCLUDE SINGLE FAII{ILY HOI.{ES IN ALL ZONES
City Attorney's memo of July 2 reconmended council hold a public
hearing and take actj.on. At the July 1 meeting council
introduced an ordinance extending the relief from paying sidewalkrepairs to all single family dwellings what ever zone they are
located in the city. Our current ordinance only appJ.ies to the
R-1 zone. The ordinance applies only to single family homes usedfor single fanily purposes.
I"Iayor Barton opened the public hearinq. There being no comments,the hearing was closed. Counci-Iman Harri,son rnoved adoption of
ORDINANCE 144L. Seconded by Councilnan Lernbi, carried
unaninously 4-0 on roll call vote.
RESOLUTION 65-91 - PLACING MEASI'RE ON GENERAL ELECTION BALLOT
NOVEI,TBER 5, 1991 PROPOSING CITY TREASURER BE APPOINTED AND BE
COMBTNED TO CREA TT] A FTNANCE D RECTOR/CITY TREAST'RER
city Attorney reviewed his memo of July 2 which reconmended
counciL adopt a resolution placing a measure on the balIot tosubrnit to the voters the question of appointing the city
Treasurer and combining the position with the Finance Director to
be knolrn as the Finance Director/city Treasurer. Ee will prepare
an inpartial analysis of the neasure; council or the City
Treasurer can provide an argument in favor of the measure.
Mayor Barton closed the hearing. She complimented the San Mateo
Tines article $rhich inforrned people correctly that council is notraising this tax for a convention center; these funds will gointo the ceneral Fund.
SECOND READING - ORDINANCE 7440 - ESTABLISHING TWO HOUR PARKING
ZONES ON HOWARD AND BAYSWATER. SOUTH SIDES. CALIFORNIA TO TRACKS
246
Council.man Lenbi thought this measure was a step in the rightdirection for this complex position; he moved adoption of
RESOLUTION 65-91. seconded by Councilwoman ortlahony, carriedunanirnously. Mayor Barton wondered how council could state its
support of this measure. City Attorney noted that a balIot
argument is lirnited to having five signatures and he thought thecity Treasurer would r{rant to sign an argunent in favor; perhaps a
committee of two council nembers could sign it with theTreasurer. councilman Lembi suggested the Treasurer draft an
arqunent in favor.
TEI.{PORARY SPECIAL PERMIT AND ENCROACHMENT PERMIT FOR RECREATIONAL
BEACH AREA AT HYATT HOTEL. 133 3 BAYSHORE HIGHWAY
Public Works Director reviewed his memo of July 11 and the city
Plannerrs memo of JuIy 3 which recornrnended council consider
whether to al1ow this recreational- use from JuIy 21 to November
L, L99! for a temporary encroachnent permit for the hotel to use
about 19,000 square feet of roadway right of way along EastonCreek. The hotel proposes to grade, remove existing grass andtrees and pl-ace a 12 inch high wooden border around the area andfill it with sand about six inches deep. The sand area will be
used for two volIey bal-l courts and the remainder avaiLabl-e for
sunbathing or other infornal beach activities. The 5,OOO squarefoot paved parking area across the service driveway would be
covered by a tent with picnic tables and barbecue avaiLabl-e.Special events such as voLleyball cornpetitions would take pl-ace
on Sundays. If the hotel- wants to use this area on a regularbasis they hrould have to amend their special perrnit and have apublic hearing. This temporary use can provide some insight intothe problens and issues of using this area for such a purpose
regularly. There are eight conditions included in the staffreport for the tenporary special pernit and four conditions forthe temporary encroachrnent perrnit.
Itayor Barton was concerned about moving a grove of Eucalyptustrees and whether the area would be visibl-e from the road; staffsaid these are trees that were recently planted when the hoteL
was built, not mature trees, and the park departrnent will
supervj.se the replanting of the trees in another area; the site
would be visible frorn Bayshore. Councilman Lembi moved approvalof the temporary encroachment permit and the temporary specialpernit for this recreational use with conditions listed in staffreports. Seconded by Councilnan Harrison, carried unanirnously by
voice vote.
LETTER FROIII BROADWAY T'{ERCHANTS REGARDING ASSESSMENT DISTRTCTS
A letter fron David Hinckle, Chairman of the Broadr4ray l"lerchantsAssociation rrcommittee for Forrning a Business ImprovementDistrict,tt explained this concept and requested council referthis to an upcoming study session. council referred to the
september study neeting.
SPECTAL EVENT PERIT{IT - T'I L},ITNG ON BURLINGAME AVENUE
City Manager reviewed his memo of July 10 which included a
request from Skoda Filn Company to filn a TV movie at a number oflocations on Burlingame Avenue from JuIy 12 to July 21. The
major concern is a request to close part of Burlingane Avenue on
Wednesday, JuIy 17 from 9:00 a.m. to 1:00 p.m. and parkingpernits for 20 vehicles plus the consent of affected rnerchants.
The Police Departnent has net with the film company and developed
a plan including conditj.ons for the street closure; the film
company has presented a petition signed by affected merchantsgiving their consent. councilman Harrison moved approval.
seconded by CounciLnan Lernbj., carried unanimously.
CONSENT CALENDAR
Councilman Harrison asked about the sidewaLk project contractor,'
Councilman Lernbi comnented the convention bureau is grateful.
a RESOLUTTON 66-91 - APPROVING AGREE},IENT WITH SAN }{ATEO COUNTY
CONVENTION AND VISITORS BI'REAU
b. RESOLUTION 67-9L - REVISING CTTY CONTRIBUTION FOR RETIREE'S
HEALTH TNSI]RAN BENEFITS
Adninistrative Assistant Personnelrs nemo of July 3
reconmended council adopt this revision to retired memberslhealth insurance costs to be effective August 1, 1991.
c. RESOLUUON 68-91 - AUTHORI ZING AGREE!,IENT FOR ENGINEERING
SERVICES TOR SHINGTON PARK WELL - CP 114
Public Works nemo of JuIy 9 recommended council approve an
agreement with JWA Consulting Engineers in an amount not toexceed $63,035 for professional engineerj-ng services todevelop a nonpotable groundr{ater well at Washington park
adjacent to the Park Corporation Yard.
d. RESOLUTION 69-91 - APPROVING LETTER AI{END}.{ENT TO LANDSCAPE
AGREEMENT FOR BLVD. REHABILITATION P SE 18. CP 328
Public Works neno of July 11 recommended council approve an
amendment rrith Callander Associates increasing fees g2,Bo4,
to $11,O44, because the original contours and design !,rere
changed as a result of the fill placed in 1989.
RESOLUTION 7O-9L - ACCEPTING COMPLETION OF 1990-91 SIDEWALK,
CURB AND G REPATRS. CP 919 B
City Managerrs neno of aIuly 1 recommended council approve anagreenent uith the bureau for pronotional services in the
amount of 12.5 percent of our l99L-92 hotel tax, not to
exceed $336,0O0.
Public Works memo of July 10 reconmended council acceptconpletion of this construction by lrthiteside construction inthe final amount of $180,484.08.
RESOLUTION 71-9L - AUTHORT ZING LETTER AI,TENDMENT FOR PROFES-
STONAL SERVICES FOR AIRPORT BLVD. REHAB. PHASE ],B, CP 328
Public Worksr memo of JuIy 10 recommended councit approve an
amendment to this agreement with Harding Lawson Associatesin the amount of $9,700.
e
f
g RESOLUTION 72-9L - AWARDING MILLS CREEK STORM DRAIN PROJECTcP 415 A
Public Worksr rnemo of Juty 10 recommended council ahrard thisbid from Wayne L. Grist in the amount of 987,600 to cornpletePart A of the original California/Grove Drainage projectr.
Part A had been deleted because of problems with undergroundtelephone fiberoptic line locations.
h. WARRANTS AND PAYROLL
Finance Director recornmended approval of payment forwarrants 15633 - 15099, duly audited, in the amount of
9826,308.99 and Payroll Checks 38443 - 3gLB7, for the monthof June, 1991, in the amount of 9952,938.99.
Councj.l.uoman Otl*Iahony noved approval of the Consent Ca1endar.Seconded by Councilnan Harrison, carried unanimously.
COT'NCIL COII{}IITTEE REPORTS
TSM: CounciLrnan Harrison sai-d a TSM orientation would be held forlocal- businesses. C/CAG: Councilman Lembi reported the draftcongestion management plan will be coming to tle city council- forreview soon.
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a
OLD BUSINESS
f'ourth of aluly: Councilman Harrison congratulated the Mayor andher conmittee for the successful celebration, there was a large
cror'rd and everyone seemed to enjoy the occasion. He also noted
he drove through Parking Lot J and graffiti was there on Friday
and today it's gone; he asked about the large unsightly barrier
on the corner of Primrose and Burlingame Avenues.
Broadway: Mayor Barton asked if the Broadway merchants coul,d use
reclaimed lrater for cleaning the sidewalks; staff will check.
councilwoman orMahony asked about the status of the signals at
Broadway and California. staff said a report should be coming tocouncil at the August study neeting.
NEW BUSINESS
Appeal Hearings: tlayor Barton scheduled appeal hearings for (1)
a masseuse pennit for Thuy Kim Bailey scheduled for August 5 and(2) a special pernrit for an accessory structure at 724 Paloma
scheduled for September 4, 1991.
sheraton Hotel Sign: Mayor Barton asked about the new, big,colorfu1 sign at the Sheraton; staff said city cannot regulate
what the sign says, the current operator changed the wording of
the previous sign; staff is working on revising the sign
ordinance, could require pernit to change copy.
ACKNOWLEDGEMENTS
Cornmission Minutes: Traffic, Safety and Parking, June 13;Civil Service, June 1l-; P1anninq, JuIy 8, 799L.
b. Department Reports: Treasurerrs, June 30, 1991-.
FROIII THE FLOOR
AIan o1in, L464 cortez, asked for council help with McKinley
School; this is a 75 year old schooL which was renovated in 1958;
he has exarnined plans for this renovation and found dangerous
discrepancies; he had asked the School Board to have a site
inspection and they have taken no action; he realized funds are
scarce for schools, but his only child and 300 other children go
to this school and he wiLl not allow her to return to the schooluntil he knows it is safe; he e/ondered if the city could be of
any heIp.
Mayor Barton noted the school district is a separate goverrunental
agency, the city has no jurisdiction over it. CounciLman Lenbi
suggested council write a letter to the School Board noting its
concern about this situation and asking what steps can be taken.
CLOSED SESSION
llayor Barton then adjourned to a closed session regardinglitigation at 9:28 p.n. and noted she would adjourn the meeting
i.n rnernory of her mother-in-1aw.
REOPEN }4EETING
Ilayor Barton announced a settlernent agreement in the Kahani
versus Burlingame lawsuit.
ADJOIIRNMENT IN MEMORY OF' IURS. JAYNE BARTON
Mayor Barton asked for a moment of silence in memory of her
mother-in-1aw Jayne Barton. The meeting was regularly adjourned
Judi A. IvIa
at 9:45 p.n.
city clerk 1 att