HomeMy WebLinkAboutMin - CC - 1990.10.0197
BURLINGAME,
october
CALIFORNIA
1, 1990
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City council $ras
held on the above date in the city Ha]I Council Chambers. The
meeting was called to order at ?:31 p.m. by Mayor Don Lembi.
PLEDGE OF ALLEG]ANCE TO THE FLAG
Led by city Engineer Frank Erbacher.
ROLL CALL
COUNCfL PRESENT:
COUNCIL ABSENT:
HARRISON, LEMBI , OIMAHONY, PAGLIARO
BARTON
MINUTES
Minutes of the Regular Meeting of September 17, L990 were
approved on motion of CounciLwoman o'Mahony after a change under
Acknowledgrments to show that she asked that the schedule for
street sweeping require that residents remove vehicles from
streets on sweeping days; the Study Meeting Minutes of September
19, 1990 were approved on the same motion. Seconded by
Councilman Harrison, and carried unanimously.
TENTATIVE PARCEL MAP FOR A THREE LOT SUBDIVISION AT 2807 HILLSIDE
CONT]NUED TO NEXT MEETING
Mayor Lembi announced the aPplicant had requested continuance
the next meeting because there was not a fuII council Presenttonight. Hearing lras set for october 15, 1990.
to
APPROVAL OF SUPPTEMENTAL PAY FOR DEPUTY TREASURER
Mayor Lembi moved this item from the Consent Calendar at the
request of the City Treasurer. The City Treasurerts and Finance
Director's memo of September 24 requested that council approve
$200 per month supplemental pay for the Account Clerk assigned to
deputy treasurer/hote1 tax administration duties.
Councilman Harrison moved to approve the supplemental pay as
requested. Seconded by Councilwoman orMahony, carried
unanimously by voice vote.
APPEAL FOR A FENCE EXCEPTION AI,ID A SPECfAL ENCROACHMENT PERMIT
FOR FENCE AT 13OO PALOMA AVENUE
city Planner reviewed her memo of September 20 which recommended
council hol-d a public hearing and take action. StePhan Antonaros
representing Antonio and Liliane Mariani had requested a fence
exception for a five foot nine inch fence made of stone veneer
and wrought iron in the front setback ( maximum of five feet
height is allowed). The fence consists of a three foot wa1I with
five foot nine inch pilasters every seven feet. on top of the
waII between the pilasters is a two foot nine inch wrought iron
fence. The fence extends over the property line because the
interior base of the wall was placed on the property line and the
stone veneer was then applied, therefore the fence extends intocity right of way approximately six to nine inches. An encroach-
ment permit is required for any private construction in the cityright of way. The Planning Commission denied the fence
exception, they do not act upon encroachment permits. She notedthat the applicant has made some changes in the design and plans
and will explain them tonight.
Councilman Pagliaro confirmed that the fence was built upon cityproperty, that its height exceeded city code; that it might block
view exiting the driveway; and that it was also built uPon the
neighbor's property to the north, which would require the
applicant to get an easement from the neighbor.
98
Mayor Lembi opened the public hearing.
Stephan Antonaros, applicant's representative and architect for
the project, addressed council; he agreed that the fence wasbuilt too high and they have agreed to lower the height; they are
requesting the requirement to make an angle at the driveway be
removed i the fence will be lowered to three feet in height atthat area and visibility will not be affected; they have made
considerable improvements on this property and acquired manypermits and the permit for the fence was somehow neglected; he
presented Ietters in support of the fence as changed from
neighbors who had opposed it. Councilman Harrison asked if there
$ras a survey done before improvements were madei Antonaros said
measurements were made, not a professional survey and that an
error was made in the measurements; Harrison said he could find
nothing unique about this loti Antonares said every element thatis against the code wil-I be corrected; the fence would be fivefeet in heiqht at the maximumi the columns will be torn down; the
corner will be three feet in height to improve visibility; theywill no longer need a fence exception. City Engineer noted thatvisibility for vehicles was the most important aspect and he felt
sure the fence would meet all requirements as changed; if the
fence vrere built on the property line, it could be a solid fivefoot high fence with no exceptions or encroachments needed. City
Attorney agreed aL1 council has to consider at this point is the
encroachment permit. Councilwoman o'Mahony asked about locationof gas lines; Antonares said plans would be sent to PG&E, he wi]L
also pursue an easement from the neighbor.
Seven neighbors spoke in favor, noting that the applicant has
compromised and will reduce the height of fence; it is attractive
and enhances the neighborhood; the fence only encroaches intocity property a few inches; experienced no visibility problems atthe corner, in fact parked cars obstruct viehrs more; trees also
obstruct visibility more than this fence, city should look intotrees obstructing visibility from driveways; fence is needed to
keep children out of yard; they all urged approval.
Speaking in opposition was AIan Horn, 1325 Paloma, who said there
was a misunderstanding about the measurement of the three foot
high section of the fence and it was higher; he was concerned
about the north fence waII by the driveway blocking visibility.
Mayor Lembi closed the public hearing.
city Engineer pointed out the fence would sti11 continue to the
corner at Paloma and Lincoln, but it would just be reduced to
three feet in height in the corner triangfe.
Councilwoman O'Mahony objected to the violation of city rules and
neighbor's rights by this applicant; ruLes are made for societyto function smoothly; she couLd not support this request and
would like to see the fence torn downi she vras concerne
the masonry which has two inch stones jutting out of th
the north wall by the driveway was blind; objected to ucity right of way, what if everyone in the city did thi
councilman Pagliaro was also concerned about the north
wal-I and the waII built on the elderly lady neighbor's
Councilman Harrison had the same concerns, he objected
flagrant disregard of city laws; there were numerous vifor this property. He moved to deny the fence exceptio
special encroachment permit. Seconded by councilwoman
d
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drpr
to
oI
n
or
about
wa11s;
ng the
iveway
operty.
the
ations
and the
Mahony.
Mayor Lembi concurred with council; he qoes out of his way to
help homeowners but there was extensive remodeling on this one
home so they should be aware of the rules and he couldn't believe
they disregarded all these ruIes.
The appli-cant Antonio Mariani commented that he would not be
building on the neighbor's property, he spent $85,000 on project,
he asked why city didn't stop the fence construction earlier.
The motion carried 4-0 on ro11 call vote, Counci lrrroman Barton
being absent.
99
Mayor Lembi caIled for a short recess before the Amusement Permit
hearings but A.c. oLshen, a resident on Hillside, strongly
objected to sitting through the previous Iong hearing to findthat the Hillside subdivision item would not be heard. Mayor
Lembi exptained that he had clearly announced at the beginning of
the meeting that the item was continued to the October 15
meeting; the meeting continued without the recess.
AMUSEMENT PERMIT AMENDMENT - MR. K'S CABARET 1819 EL CAI\iIINO
city Attorney reviewed his memo of september 24 which recommended
council hold a public hearing and take action. The applicant is
requesting am amendment to the amusement permit for Mr. Krs to
allow dancing or contests seven nights a week. Their current
permit only a11ows dancing on Friday and Saturday nights. The
Police Department investigation reports no problems at the site
and he recommended a six month permit allowing dancing and dance
contests each night and male dance night on Wednesday.
Mayor Lembi opened the public hearing. Alan Horn spoke in
opposition to the permit. Mayor tembi closed the hearing.
Councilman llarrison moved approval as recommended. Seconded by
Councilwoman orMahony, carried unanimously by voice vote.
AMU SEMENT PERMIT AMENDMENT - BOBBY MCGEEIS, 150 ANZA BLVD.
City Attorney reviewed his memo of september 24 which recommended
council hold a public hearinq and take action. The applicant is
requesting an amendment to the amusement permit which currently
aIIows recorded music and dancing. They are requesting a trbest
legs contesttr on Tuesdays and black jack tournaments on Sunday,
with dance floor games on other nights. Police Department
reports that black jack is lega1 as long as no cash or prize isgiven. The Police Department is concerned that the rrlegs"
contest not evolve into bikini contests which have caused
considerable problems at other hotel lounges. He reconmended
council grant the permit for a six month period allowing recorded
music and dancing niqhtly with dance floor games, black jack
tournaments on Sunday and legs contest on Tuesdays. The existing
condition that there be no charge for valet parking continues.
Mayor Lembi opened the public hearing. Alan Horn spoke in
opposition. The hearing was closed.
Councilman Pagliaro noted that Bobby Mccee's has done weLl in the
past couple months reducing the number of police calls. He moved
approval of the amendment as requested, seconded by Councilman
Harrison, carried unanimously.
AMU SEMENT PERMIT A}IENDMENT - MARRIOTT HOTEL, 18OO BAYSHORE
city Attorney reviewed his memo of september 25 which recommended
council hold public hearing and take action. Marriott is
requesting an amendment to the current permit with a1lows a disk
jockey with recorded music and dancing. They have asked for a
variety of contests or shows on Tuesday, a comedian on wednesday,
and contests or shows on Thursday. The Police Department has
concerns about some of these activities causing call
service; officers have been injured by patrons durin
the hote1. of particular concern are the swimsuit a
dancing contests. The Planning Department has conti
about parking problems in the area and use of neighb
sfgc
nd
nuiori
oralls to
aerobic
ng concern
ng
businesses for parking. The hotel has agreed to curtail some of
these activities. He recolunended a six month permit.
Mayor Lembi opened the public hearing.
ALan Horn spoke in opposition.
Joe llunter, owner of property across from the hotel, objected to
the permit; he had owned the property many yearsi had experienced
vandalism, debris, liquor bottles and fast food containers, and
broken lights; Anza Security which patrol-s his lot says theculprits appear to be patrons of Marriott. He does not want to
lock off his parking Iot because tenants use the officesnight; he objected to these permits being granted without
consideration of adjacent property owners.
at
The hearing was c Iosed.
councilman Pagliaro thought similar applications should havesimilar rulesi if we don't allow Bobby Mccee's to have swimsuit
contests, we shouldn't aIlow Marriott to have them either, nor
shoutd they be allowed aerobic contestsi he also wanted city to
require that Marriott not charge for valet parking as required at
Bobby Mccee' s.
Councifman Harrison noted in three months there have been 17
cal1s for Police service at the Marriotti he also had concerns
about Lack of parking at that site. He wanted to help the
adjacent property or"rners and put a condition on Marriott aboutparking, particularly on week nights.
Because there was no representative from Marriott present, Mayor
Lembi continued the item to the next meeting.
RESOLUTION 122-90 - ESTABLISHING A SENIOR CITIZENS COI'NCIL
Mayor Lembi told of council direction from a recent Study Meetingto start a senior council and City Manager reviewed his memo of
September 26 which recommended council adopt a resolutionestablishing a senior citizen coordinating council.
Councilman Pagliaro recommended several changes to the resolution
and Mayor Lembi suggested seven members be appointed to the
council rather than eight to eliminate possibility of tie votesi
council concurred. Councilman Harrison hoped the council wouldset a goal of making use of State and Federal resources.
Councilwoman otMahony was concerned that the city council may be
acting too quickly; need to study srhat other cities have done andlet our senior groups know of this issue; she also recommended
the terms of the representatives be staggered.
Mayor Lembi thought council should act nowi he vranted to set a
council interview team to recommend appointees rather than just
draw from established senior organizations in the city.
councilman Pagliaro moved adoption of RESOLUTION L22-90
Establishing a Senior Citizen Coordinating council with the
recommended changes. Seconded by Councilman Harrison, carried
unanimously by voice vote.
Clara crook expressed appreciation for councilts interest and
good will; she knew of many qualified seniors who would come
forward and servei she encouraged a job description for these
seniors so they know what the city council wants.
Jim Hamrock thanked council for making this move; he urged them
to set daytime meetings and to a1Iow a period of analysis and
study for this group; said most cities have a senior conunission.
Mayor Lembi suggested staff get sample bylaws of senior groups
from other cities; he set November 1, 1990 as deadline for
application to serve on the Senior Council and asked the press to
publicize.
LETTERS AND PETITIONS FROM RESIDENES OBJECTING TO MASSAGE PARLOR
AT 1103 JUANITA AVENUE
Mayor Lembi acknowledged letters and petitions from many
residents objecting to a massage parlor opening on Juanita. He
said this is not a public hearing; this business has already
received a business Iicense and is set to open sooni it was too
late to deny this business but council might be able to change
laws so that this r.rould not happen again.
100
Mayor Lembi ca11ed a recess at 8:40 p.m. The meeting reconvenedat 8:47 with four council members present. Mayor Lembi changed
the order of the agenda to take the Senior Council next.
101
Councilman Pagliaro wondered if the business is open yet and whythis type business is not prohibited in C-2 zonei the zoning code
says a business cannot be obnoxious, who determines whether thisis an obnoxious business; staff responded that Planning andPolice Departments investigate these applications; Police Chiefsaid the applicant's police record was c1ean, until they breakthe Iaw there is nothing the city can do; City Planner said
zoning Iaws allow this type business ln C-2, a massage parlor is
considered to have no more impact than a beauty parlor, CityAttorney said there are specific limitations in the C-2 zone,
perhaps massage parlors could be added to those limitations but
he noted a change would have no effect on this particular
busi.ness. Councilman Harrison wanted the owner of this businessto be aware of the publicrs and councilrs concerns and that thecity would be watching them carefully.
Members of the audience comnented that the owner of this
establishment was arrested for prostitution over a year ago; this
business does not fit into the character of the neighborhood;there are children living in the neighborhood; one objected to
residents not being notified about this business going in.
Mayor Lembi assured the audience that the city would vratch this
business for violations, traffic, and nuisance to neighbors;
councilwoman orMahony asked that council consider changing the
zoning law at the next study meeting, she thanked the people for
bringing this to council's attention and asked the Police
Department to keep a close watch on the business. city Attorney
said we can act to revoke when we have some facts on which we can
base denial of the business operation. Councilman Pagliaro askedif council could review the business in three months. He movedto put this business on a three month review and asked that staff
check into whether traffic impact and hours of use aredetrimental to neighborhood. Seconded by Councilman Harrison r"rho
asked that it come to council sooner if there are problems, the
motion carried unanimously. Mayor Lembi asked that staff report
immediately to council any problems with the business and thatcouncil study alternatives for keeping this type of business outof residential areas as recornmended by councilwoman orMahony.
INTRODUCTION OF ORDINANCE 1425 - PROHIBITING PARKING OF TOW
TRUCKS AND DUMP TRUCKS IN RESIDENTIAL ZONES
city Attorney reviewed his memo of september 24 which recommended
council introduce an ordinance to prohibit parking of tow trucks
and dump trucks in residential areas. At the last meeting
council discussed complaints about parking problems in thevicinity of Balboa and Sherman and directed that an ordinance be
prepared to prohibit this activity. He presented two approaches;
one would prohibit overnight parking of these vehicles to be
included with the code section dealing with recreationalvehicles; the other would prohibit parking commercial vehicles
including these two tl'tr>e trucks in residential areas; the
ordj-nances include definition of dump truck since the vehicle
code does not define this. Council preferred to include tow and
dump trucks with the prohibition of parking commercial vehicles.
Councilwoman o'Mahony moved introduction of oRDINANCE L425.
Seconded by Councilman Harrison, carried unanimously.
RESOLUTION 123-90 APPROVING RATE INCREASE FOR REFUSE COLLECTION
AND GARDEN PICKUP SERVICE AND AMENDING AGREEMENT - AND -
RESOLUTION L24-90 APPROVING RATE INCREASE FOR RECYCLING AND
AMENDING RECYCLING AGREEMENT
City Manager reviewed Finance Dj.rectorts memo of October 1 which
recommended council approve granting BFI a 2.4 percent increasefor refuse collection, a 10 percent increase for garden pickup,
and a 10 percent increase for recycLing services. The South
Bayside Transfer Station Authority conducts th
review process required by the master agreemenHifton Farnkopf and Hobson was retained to con
which involves audited financial statements anrates according to a methodology specified in
eat;
ducdc
the
nnual ratethe firm oft the analysisalculation of
agreement. He
noted the Finance Director Rahn Becker and a representative of
BFI , Debbie Sargent, were present to answer questions.
Councilman Pagliaro asked about possibilities of recycling for
local restaurantsi he noted a list of restaurants which show nineparticipate in recycling cardboard; he suggested a 50 percent
increase in fees of those who choose not to participate; suggest
council study consideration of financial incentives to get
restaurants to cooperate. City Manager mentioned that recyclingis not mandatory in our city and there are 200 restaurants in thecity which would be affected. Debbie Sargent said there is a
progr.rm for large restaurants, she said others might participate
by taking materials directly to Belmont to the buy-back center.
Council asked that this be on the January study agenda. Mayor
Lembi asked about apartment and condo recycling; Sargent said BFIis working on containers for these larger apartments, some areparticipating. Mayor Lembi would like to see them participate
since they pay for the service. Councilwoman orMahony wondered
why certain cities were picked for the rate comparison, Becker
said the consultant chose Bay Area cities with similar back yard
pickup service.
Councilman Harrison moved adoption of RESOLUTIONS 123-90 and
L24-90 approving the rate increases. Seconded by councilwoman
o'Mahony, carried unanimously by voice vote.
FIRE STATION RETROF]T REVIEW
City Manager reviewed his memo of September 26 which recommended
council review the previous material from the February study
session concerning the fire station remodel alternatives.
Councilman Pagliaro had not recoLlected reviewing this material
and staff found that he had been absent at that meeting; he
favored renovating the existing California Drive station. City
Manager presented a proposal from the Group 4 Architecture andtheir consulting engineers and cost estimators for an $8,100feasibility study for renovation of the California Drive station.Staff and the architect are still gathering information
concerning the issues of architectural fees which council raisedat the September study session. He asked for direction on
hrhether to proceed with the feasibility study.
Councilwoman O'Mahony felt strongly the city needs a new station;
she preferred option two of the original recommendations in lightof increased cost estimates and economic reasons, a new building
would be more solid and have more facifities. Councilman
Harrison agreed, we must look to the next 60 years.
Councilman Pagliaro wanted to keep the historical structure.
Mayor Lembi said he could support the $8,100 study in theinterest of saving the building and since it would only take a
couple weeks. council-man Pagliaro said he had spoken to
architects about fees and he had been low on what he thought they
should charge, architects he spoke to said charges should be
about 10 percent.
After further discussion, Mayor Lembi thought council should stay
with the proposal previously agreed upon by council to accept
option 2 to rebuild the station to appear the same as the
original building. Councilwoman o'Mahony moved to go with option
two and aLso get cost verificati"on of architect fees. Seconded
by Councilman Harrison, carried 3-L on voice vote, Councilman
Paqtliaro voting no.
CONSENT CALENDAR
RESOLUTION ].25-90 - ACCEPTING REAL PROPERTY CONTRACT AND
DEED OF EASEMENT FROM NICHOLAS AND KATHERINE PAPPAGEORGE
RESOLUTION 126-90 - ACCEPTING REAL PROPERTY CONTRACT AND
DEED OF EASEMENT FROM SAIYI G. AND GENEVIEVE MORANO
City Attorneyrs memo of September 20 recommended council
adopt resolutions approving real- property contracts and
accepting deeds for a net, water line serving Mercy High
a
1,0 2
103
School and nearby areas in an easement between
Valdivia court. The cost for the easement on
(Pappageorge) was $19,000 and the cost for 2L
(Morano) was $3,100.
Acted upon earlier in meeting.
2
20
Va
0 and 21
Valdivi aldivia
b
DENIAL OF CLAIM OF BERNICE SCHWARZ
City Attorney's memo of August 31 recommended council denythis claim for tree branch which feI1 on a car.
Councilman Harrison moved approval of the Consent calendar.
Seconded by Councilwoman OrMahony, carried unanimously.
COUNCIL COMMITTEE REPORTS
Legislative Breakfast: Councilwoman o'Mahony noted there would
be a legislative breakfast this saturday and hoped council
members would attend.
Convention Bureau: Mayor Lembi had attended a recent meeting and
announced the convention Bureaurs facility in Sacramento will be
c Iosed .
RPc: Councilman Harrison commented on the RPC meeting, the county
Manager had stated RPC would be eliminated rrith the formation of
C/CAG; Mayor Roger Chinn of Foster city recommends combiningAirport Roundtable and RPC.
C/CAG: Mayor Lembi said there would be a meeting this Wednesdayof Mayors to consider the latest draft of the C/CAG agreement.
NEW BUSINESS
Schedule Appeal Hearing: Mayor Lembifor an appeal of a condominium at 518
meeting .
scheduled a public hearing
A1mer for the october 15
Park and Recreation Survey: Councilman Pagliaro asked about the
results of the survey; staff will bring to next study meeting.
Airport Parking: Councilman Pagliaro discussed the Planning
Commission's action on an airport parking Iot on Airport
Boulevard. He questioned what revenues this business would bringinto the city in comparison to the traffic burden. Staff notedthat issue is scheduled for the next study meeting.
Conmission Minutes: Lj.brary Board, september 18; Park and
Recreation, september 20; and Planning, September 24, 1990.
Department Reports: Building Inspectorrs Reports of June,July and August 1990.
Letter from cary tang regarding the park and recreation
survey.
Letter from Town and country Realty complimenting city on
the Broadway/ California improvements .
Letter from Board of Supervisors regarding Army Corps of
Engineerst decision on Apanolio canyon.
Proclamations: Ride Share Week; White Cane Daysi School
olympathon Week.
S. Letter from Bay Crossing Advisory Committee.
Councilman Pagliaro said this was an interesting report on
another bay bridge but there was no mention of costs involved oralternatives; council agreed there were unanswered questions.
a
f
h. Letter from Lena DeTata regarding a sidewalk repair bill.
b.
ACKNOWLEDGMENTS
104
i. Letter from Rail 2000 regarding BART to airport.
Councilmen llarrison
BART going directly
2000 be so notified.
and Pagliaro cormented that council supportsto the airport and council asked that Rail
Councifman Harrison mentioned an article by Hinckle in the San
Mateo Times regarding the reason the Board of Supervisors is
supporting BART to the airport.
Councifman Pagliaro distributed flyers from a Swedish University
which the city Manager had attended.
FROM THE FLOOR
There were no public comments.
CLOSED SESSION
Mayor Lembi adjourned the meeting at 10:02 p.m. to a closed
Session on (1) labor negotiations and (2) Iitigation.
ADJOURNMENT
The meeting was regularly adjourned at 10:20 p.m.
Judith A. Malfatti
City C1erk