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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 si s. 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