HomeMy WebLinkAboutMin - CC - 1990.10.15105
BURLINGAME, CALIFORNIA
october 15, 1990
A duly noticed regular meeting of the Burlingame City Council was
held on the above date in the city HaII Council Chambers. The
meeting was calIed to order at 7:31 p.m. by Mayor Don Lembi.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by city clerk .Iudy Malfatti.
ROLL CALL
COUNCIL PRESENT: BARTON, HARRISON, TEMBI , OIMAHONY, PAGLIARO
COUNCIL ABSENT: NONE
MINUTES
Minutes of the Regular Meeting of October 1, 1990 were approved
on motion of Councj.lman Harrison. Seconded by councilman
o'Mahony and carrj-ed 4-L with councilh,oman Barton abstaining
because she was absent from that meeting.
Mayor Lembi opened the public hearing.
Joe Karp, L209 Burlingame Avenue, presented photos of the site;
he showed overheads of old and current zoning laws regarding 1ot
sizes required at the site; he dj-d not plan to enlarge Summit
Drive; he was willing to widen street on Hillside Circle and putin sidewalk if city requires such. In September L989 he had an
engineering study made to determine what he could do with thispropertyi he would like to retain the present charming old home
and could do so with a three lot subdivision. The city had
ark director agreed that trees would betreet was widened and a sidewalkith conditions the Planning Commission had
was concern expressed about the stone retaining wa1I on Summit;
he would have a study done if reguired. Neighbors are concerned
about the houses being higher and looking down on their homes; he
could lower the lot three to four feet to lessen the impact; iswilling to meet all city conditions; he would prefer not to havea sidewalk and will replace any tree or bush removed or harmed.
David Carr reviewed history of neighbors objecting to changes and
additional homes in their neighborhood; they vrant to keep thingsthe way they are now; that house has been there for 31 years and
they dontt vrant change but things do change; they could keep the
o1d house and provide two new homes that meet conditions for lotsize. Another person said the property owner has a right tosubdivide this large Iot; people living on Hillside have asubstandard streeti Karp is willing to make improvements and
Iost or harmed if t
t in a parking bay on the street, but anproposed that he pu
arborist and the ci tvphes
edwtraffic engineer study impact of this
area and the engineer determined that theretraffic impact from adding two homes. There
installed. He agreproposed. He had a
subdivision on the
would be negligible
CALI, TO ORDER
TENTATIVE PARCEL MAP FOR A THREE LOT SUBDIVISION AT 2807 HILLSIDE
Public Works Director reviewed his memo of october 10 which
recommended council hold a public hearing and take action on this
mapping request. Council should either approve the map with any
desired conditions or disapprove the map making findings as
appropriate, any substantive changes need to be referred back to
the Planning Commission. The Planning Commission recommendedthat councj-I deny the map by a 4-2 vote. The applicant, Joe
Karp, is requesting a tentative parcel map to subdivide one
28,000 square foot lot on Hillside Circle between Summit and
Hillsj-de Drives into three lots (code requires 7,000 square foot
minimum size, the smallest lot size proposed is 7,781 squarefeet). The subdivision does not meet code requirements forstreet width and does not include sidewalks.
t 06
council is obligated to live by city laws; he asked if anycouncil members had seen the site, council responded they had all
vj-sited the area; he said there would be minimal grading required
because the lots are mostly level, slopes are at the rear, thetrees on Hillside Circle are black acacia and are a nuisance and
overgrowni he urged council to approve this request.
David Behling,
appeal board a
home s asking f
next door, witsplit the Iot
ar
ndBorahrhinto
ea1 estate agent vrho sits on county assessment
oard of Realtors has seen neighbors with small
ssessment reviews because of huqe homes built
ree lots Karp would build smaller homes; if hetwo, there could be tvro huge homes built.
ircle is smallIley carsion would be
eared that
overage .
Bill GiLmartin, 345 Lorton, was interested in purchasing theparcel with the old McMillan house; with the three lot division
he would be able to afford the site; it's a wonderful oId home
and he has three smalL children.
Speaking in opposition was Bill Cohendet, 1408 HilIside Circle,
he presented a petition signed by neighbors objecting and asked
people in audience opposed to the subdivision to stand.
Roy Mayer, 1387 Hillside Circle, presented a letter from Hank
Engineers stating that widening Hillside circle would impact therural aspect of the area; the subdivision would create traffic
hazards; he had spoken to the city traffic engineer hrho suggestedyield signs and traffic bumps to slow traffic and said in the
future we might need to make street one-way.
Dan Mccarthy, 1388 Hillside circle, said HiIlside
and narrow because that is where the Burlingame T
turned around; he agreed the houses in the subdiv
much higher than those across Hillside Circle; he
Karp would build to the maximum of 40 percent lot
Councilwoman O'Mahony noted the proposed lotsIots across the streeti council must determine
comparable with neighborhood; this large prope
city for 31 years and there has been no change
the neighbors are protective of this charming
they have become attached to the treesi she ha
neighbors want to keep the narrow street and i
ro
l_s
f
A resident on Hillside, wondered how many people would reside in
these homes, how many cars, how many children; it's a small
narrow street and can't handle more people; another person
reviewed dangers of driving and backing out onto these streets.
A resident at 2809 Summit, \,ranted to see houses that conform to
the neighborhood, Karp would have trouble making three houses
work on the site; house and lots are much higher than across the
streeti Karp says he wiII replace the trees and bushes but mature
growth can't be replaced; he was concerned about oaks on site;
height of new homes wiII look into his home; the stone retaining
waII should be retained.
Applicant Joe Karp rebutted; he would have all the trees and
bushes counted and measured; he had an architect draw proposed
footprints of new homesi he would meet aI
Councilwoman Barton wondered what he woul
approval, she wanted to knoht what alterna
introduced Bill Gary who showed drawingsfor three lots, two lots and one lot. Ka
discuss alternatives at the PLanning Commission meeting.
Harrison said the owner would want to get revenue from site, if
he does not get three lots, he would divide into two lots and put
up larger homes and tear down the old McMillan house.
Mayor Lembi closed the hearing.
I requirements.
d do if he doesn't get
tives he had. Karpof building envelopesrp said he did not
areifrtyin
oIddatm
larger than the
the lots are
has been in the
those years i
house and lot;
sense thatight be
important to keep it as is; subdivision could be done within
code; on the lot by Summit Drive very few feet could be graded to
reduce height; no code violations, don't believe it should be
denied; we should keep the treesi she didnrt want to see more
huge monstrosities built l-ike some that have gone up in the city,
she trusts that Joe Karp would not do that.
councilman Pagliaro said property must be considered where it
exists; this street is only 20 feet wide, on his site visit his
car took up half the street, subdivision could destroy
neighborhood and trees; it's an inappropriate development for
this focation because of the public improvement requirements i-n
subdivision code; he will vote against it.
councilwoman Barton agreed with neighbors who donrt want to make
change but she doesn't own the property, thls man bought it and
he has the right to develop it within code limits; not sure she
can legally say no; cantt say no because the street is narrow, he
can widen the street. City Attorney reviewed for councj-I that 10
feet frontage with trees and sidewal-k are city property; he
reviewed criteria for council to consider for subdivisions.
councilman Harrison empathized with neighbors, had looked at some
of the monstrosities that have qone up; but he does not feel
that, based on the criteria, council can deny thls subdivision.
The tlpe of homes that go in are another matter, will be
separately reviewed and would be taken up at another meeting.
Mayor Lembi had an experience similar to this subdivision
another city, that city voted against it and was founviolation, the council decision hras overturned in cou
hated to see the 1ot split, but he coul-d not vote aga
Council reviewed the conditions in staff report; Councilman
Harrison asked if the two lots fronting on Hillside Circle could
have a common driveway, City Attorney said it could be done but
they would each need easements from the other property; council
liked this idea because it would require fewer driveways on
Hillside Circle and protect more vegetation, staff said it might
require redesign of the house plans; driveway should be no wider
than 15 feet; a driveway requiring that peoPle drive out forward
rather than backing out was discussed but staff said it \4,as not
feasible because there is not enough room.
1n
in
heir
dto
rts i
ins t
Councilwoman o'Mahony moved approvalfor a subdivision at 2807 Hil-lside wireport (10/!5/90) and conditions 3 th
Engineer's report (9/24/90) to planni
conditions (a and b l0/75/90 ) regardi
maintenance of the retaining structurstaff report to council (10/15/90) an
condition requiring investigation of
Hillside Circle with a single 15 foot drivew
cross easements for shared access and provid
proposal be approved by the City Engineer as
standards and minimizing vegetation removal.
Councilman Harrison. Councilman Pagliaro asked
the tentative parcel mapfive conditions in staffgh 12 in the City
commission, two
slope stability andn Summit Drive in the
he addition of a
eloping the two Iots onth appropriate
he finaling city
onded byhat condition 5of trees that
ounci lwoman
stone retaining
f acade
ofth
rou
ng
ngeodt
dev
ay wiing t
meet
Sec
in staff report be changed to require replacemen
need to be removed with trees of similar size.
0/t5/90). The motion carried 4-1 on ro11
tt
b
tt
erO'Mahony asked tha
waII and if it mus
call vote, Councilma
he would bring a res
study be done regarding th
e replaced it have a simila(conditions a and
a
b
1
n
o
Pagliaro voting no. The City Attorney said
lution to the next meeting for this action.
Mayor Lembi calted for a recess at 9:16 p.m. The meeting
reconvened at 9:27 p.m. with all council members present.
APPEAL FOR A NEGATIVE DECLARATION AND CONDOMINIUM PERMIT FOR
EIGHT UNITS AT 518 ALMER ROAD
City Planner revj.ewed her memo of october 4 which recommended
council hold a public hearing and take action. Takuo Kanno,
architect, and Yamaoka Development are requesting a condominiumpermit for an eight unit residential condo at 518 Almer Road.
The proposed structure would have 18 parking spaces belo$, grade
(16 required) and four floors above the parking garage with a
maximum height of 35 feet (35 feet allowed). The eight units
would all have two master bedroom suites, common open areas and
open space in each unit as required by code. The application hTas
appealed by a neighbor, Wasil Demchuk at 515 Almer, who felt that
eight units was too many for the 1ot.
L07
108
Councilman Pagliaro asked staff to review guidelines for council
approval of a condo permit.
Mayor Lembi opened the public hearing.
Takuo Kanno, applicant, was perplexed that this project was
appealed because they had originally received approval for nineunits on this site and have reduced the number of units to eight;all code reguirements are met for the project.
Speaking in opposition was Ross Bruce who lived in a condonearby. He was concerned about these large units requiring moreparking spaces than two each as proposed. This would causegreater parking impact on the street in an already impacted area.
Mayor Lembi cl-osed the public hearing.
Councilman Harrison agreed with Mr. Bruce that the large sizeunits might create problems; he asked that council study this
issue to evaluate parking requirements for large units. He then
moved for approval of the negative declaration and condominium
permit by adoption of RESOLUTION 127-90, and moved approval of
the tentative condo map for the project. Seconded by
Councilwoman o'Mahony, carried unanimously by ro11 call vote.
SECOND READING - ORDINANCE T425 - PROHIBITING TOW TRUCKS AND DUMP
TRUCKS FROM PARKfNG IN RESIDENTIAL ZONES
City Attorney reviewed his memo of September 24 which recornmended
council hold a public hearing and take action. At a recent
meeting councif discussed complaints about parking problems near
Sherman Avenue and directed that an ordinance be drafted which
would prohibit parking tow trucks and dump trucks in residential
areas.
Mayor Lembi opened the public hearing.
Karen Hoffman, 1593 Sherman, reviewed problem the neighborhood
had experienced with a tow truck operator. She appreciated the
support of council on this issue.
Karen Key asked if council could consider the problem of
abandoned cars which are dumped on residential streets.
Mayor tembi closed the hearing.
Councilr^ioman Barton moved adoption of oRDINANCE 1425. seconded
by Councilman Harrison carried unanimously by ro11 call vote.
SECOND READING - ORD]NANCE 7424 - AMENDING PERS RETIREMENT
CONTRACT FOR LOCAL POLICE MEMBERS (SECTION 20024.2)
city Manager reviewed his memo of September 10 whic
council hold a public hearing and take action. In
agreement the city agreed to amend our PERS contrac
increasing in most cases their average
retirement benefits. The cost will be
the employer contribution rate effecti
estimated annual cost of this benefit
budget impact until 1992-93 fiscal yea
Mayor Lembi opened the public hearing.
the hearing was c Iosed.
ecommended
PoA Iabor
o provide
ase pay for computing
.328 percent increase toJuly 1, 1992. The
$113,289. There is no
hr
thett
this optional benefit by January L, !99!. This amendment
increases the retirement benefits for police safety members by
b
veisr.
There being no comments,
Councilwoman Barton moved adoption of oRDINANCE 1424. Seconded
by Councilwoman o'Mahony, carried unanimously by ro11 call vote.
AMUSEMENT PERMIT AIIIENDMENT - MARRIOTT HOTEL 18OO BAYSHORE
city Attorney reviewed his memo of September 25 which recommended
council hold pubtic hearing and take action. Marriott is
requesting an amendment to the current permit with alIows a disk
jockey with recorded music and dancing. They have asked for a
GREYHOUND BUS DEPOT USE
city Manager reviewed his memo of october 9 which recommended
council hear comments from 11 applicants for use of the o1d
creyhound Bus Depot, then discuss further at the study meeting on
wednesday night. There are six proposals for commercial uses and' five for non-conunercial uses.
commercial proposals: Leo Georgettj-, woodlake Joers, said he had
a smaIl food related concept. Ron Karp had a proposal for a
sma11 novelty store. Patricia Monroe proposed a hair salon
keeping the name Greyhound Depot. Mike Harvey, auto row entrance
- remove building, said with parking problems in the area he
would prefer to see a park at the site. (w. Berry Hur1ey, office
use, and carl Minerva, deli use, were not present. )
Non-colunercial proposals: Walter Kentzler, Bombay Bicycle Riding
club, proposed a meeting room. Mike Nilmeyer, AYSo, proposed a
meeting room for sports groups of the city. Bob Goodman,
Burlingame Lions CIub, proposed the Lions manage the site for
community activities. Tom wilburn' Lionel Train CIub, proposed a
room for display of model trains. (Arts Council was not
present . )
Councilman Pagliaro recommended council decide whether j-t lvants
commercial or non-commercial activity. Council$roman o'Mahony
said she heard a proposat to move the building to a site in
washington Park to free the small triangle for open space,
perhaps a large benefactor could provide a sign designating auto
row for the site. Councifman Harrison thought the building might
be used by the Senior Council. Mayor Lembi directed further
discussion take place at the study meeting.
109
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 caIIs for
service; officers have been injured during service calls to the
hote1. Of particular concern are the swimsuit and aerobic
dancing contests. The Plannj-ng Department has continuing concern
about parking problems in the area and use of neighboring
busineises for parking by hotel patrons. He recoflunended a six
month permit.
Stan Moore, General Manager of Marriott Hotel, said he realized
parking was a premium at his hotel; they are looking into parking
logistics of hotel guest, dining and lounge patronsi he admitted
there are times when the parkingr Iot is ful1 and the garage is
not; he would like to force more parking into the garage; he said
the 1ot is used as an airport parking lot by some people which
impacts the lot use. Councilman Harrison asked if he was aware
of complaints about hotel guests parking at adjacent businesses.
Councilman Pagliaro said this hotel has some real problems and
that police officers are endangered by service caIls to the site.
Moore said most calls for service are on weekends; they have
added doormen and security guards; he hoped for improvements.
councilman Pagliaro said he would Iike to have the parking garage
opened to the public. Moore was not sure that $ras the solution,
Friday and Saturday the garage is fuI1 and that is when most
problems occuri he said the hotel is a luxury hotel and guests
expect valet parking services; if provided free of charge it
would be $100,000 expense per year. Councilwoman Barton agreed
the hotel is a luxury hotel, but wondered why a luxury hotel
needs male and female swimwear contests. Moore said contests are
in response to market needs and customer needs change over time.
Councilman Harrison moved to approve the amendment as requested
for six months and durinq that time Moore should look into using
the garage better and solving litter problem at adjacent
businesses. Seconded by Councilwoman o'Mahony. Councilwoman
Barton had a problem with this, it is not the image she has of
the Marriott or of Burlingame; we don't have to cater to these
type of people and activities. Council-man Pagliaro said next
time this comes before council he will look carefully at the
parking issue. The motion carried 3-2 on voice vote,
Councilwoman Barton and Councilman Pagliaro votj-ng no.
TENTATIVE CITY COUNCIL CALENDAR FOR 1991
City Manager reviewed his memo of October 9 with attachedtentative calendar; he noted a Saturday morning study session for
January 12, the Comnissioner Dinner for Friday, March l and the
Budget study session for June 5.
Councilman Harrison moved approval. Seconded by Councilwoman
orMahony, carried unanimously by voice vote.
COWENTION CENTER COMMITTEE REQUEST FOR CONSULTANT
City Manager reviewed
council authorize thefor professional servi
s j-tes , f inanc j-ng, park
on city revenues and h
Council members all agreed they hranted to get moving on thisquickly; City Manager said award of contract could be in early
December with a report back to council by February. Council
inquired about information on election possibilities.
Councilwoman O'Mahony moved approval of issuing a RFP for the
Convention Center Committee consultant. Seconded by Councilman
Harrison, carried unanimously.
Marty Kantoff said the consultant would need clear criteria or
the study might take a long time.
CITY REPRESENTATIVE FROM BUSINESS COMMi'NITY TO TSM JPA
City Manager reviewed his memo of october 2 which requested
council ask the Chamber of Commerce to suggest one or more namesfor council consideration by November l- so they could appoint a
representatj-ve from the business corununity to serve on the JPA
advisory and appeals committee.
Councilman Pagl-iaro asked the chamber present more than one
nominee. Council concurred.
CONSENT CALENDAR
Councilman Pagliaro stated he had a conflict of interests in the
claim of State Farm Insurance lC-2); in item D he was concerned
about the number of turns required to access parking spaces inthis condo, would like to look at the number of maneuvers at a
study meeting; in item c he wondered if there was any sales tax
generated by the United Airlines food service business.
a RESOLUTION 128-90 - AUTHOR]ZING AGREEMENT FOR PROFESSIONAL
SERVfCES FOR L]BRARY SPACE EXPANSION
City Librarianrs memo of October 10 recommended council
approve this agreement with Ripley Associates in the amount
of $25,500 to complete a space util-ization and building
expansion program for the library.
b. TENTATIVE LABOR AGREEMENT WITH F]RE FIGHTERS
City Manager's memo of october 11 recornmended council
approve this agreement with the Fire Fighters; the agreement
is in accordance with council authorization as revised
during negotiations; the agreement includes a 5 percent trage
increase in July l-990 and JuIy 1991.
c DENIAL OF ctAIM (1) JOHN GOTELLI; (2) STATE FARM INSURANCE
City Attorney's memos recommended council deny these claims
for (1) sidewal-k repairs, and (2) tree damage to a house.
d. TENTATIVE CONDO MAP FOR SfX UNITS AT ].346 EL CAMINO REAL
Pubfic Works memo of October l0 recormended counci] concur
with Planning Commission and approve this tentative map.
his memo of October 9 which recommended
issuance of a request for proposal (RFP)
ces for a focused study of alternate sizes,ing, traffic, facility management, impactotel tax and a time line for development.
110
111
RESOLUTION 1,29-90
MITIGATION GRANT
- DESIGNATING APPLfCANTTS AGENT FOR HAZARD
Finance Directorrs memo of october 10 recommended council
approve this resolution authorizing the City Manager and
Finance Director to sign grant documents.
f. TENTATIVE CONDO MAP FOR FOUR T'NITS AT 1022 CHULA VISTA
Public works memo of October 10 recommended council concur
with Planning cornmission and approve this tentative map.
S. ENCROACHMENT PERMfT FOR STRUCTURES IN EASEMENT AT 845-855
STANTON ROAD
Public works memo of october 10 recorffnended council approvethis encroachment permit subject to three conditions.
United Airlines proposes to place two connecting corridors
across an easement between two adjacent buiJ-dings in order
to consolidate their food preparation operations.
h. WARRANTS AIiID PAYROTL
Finance Director recommended approval of warrants
1L393-7l-772, duly audited, in the amount of $849,105.95 and
Payroll Checks 29088-30034 for the month of September L990
in the amount of $1,083,365.73.
RESOTUTION 130-90 - AI4ENDMENT NO.
GROVE WATER MAIN DESIGN - CP 922
2 TO AGREEMENT FOR OAK
Public works memo of october 11 recommended council award
additional water main design to Brian-Kangas-Foulk,
consulting Engineers, in the amount of $11,126 to include
design plans for an extension of the new water main in
Wiltborough Place to Palm Drive.
Councilman Harrison moved approval of the Consent Calendar.
Seconded by Councilwoman Barton, carried unanimously with
Councilman Pagliaro abstaining from C-2.
CO1JNCIL COMMITTEE REPORTS
C/CAG: Mayor Lembi reported on an upcoming meeting. A vote will
be taken on the revised draft agreement.
NEW BUSfNESS
Schedule Appeal Hearings: Mayor Lembi scheduled public hearings
for the November 5 meeting for appeals for a garage at 120
Bancroft, a final EIR report and two hotels at 460 and 480
Airport, and a sign at the Sheraton Hotel.
Christmas Tree Lights! Councilvroman Barton asked the status of
lights on a city hall tree, City Manager said lights have been
ordered. Karen Key, Chamber of cofiunerce, said the tree lighting
ceremony could coincide with the opening holiday season parade on
Burlingame Avenue and invited council members to ride on the fire
engine with Santa.
ACKNOWLEDGMENTS
Commission Minutes: CiviI Service, september 11;
Beautification, october 4; and Planning, october 9, 1990.
Department Reports: Police Report, September 1990.
Letter from BIS thanking city street s$reeper for sweeping
school grounds.
Letter from Supervisor No1an offering to speak before
council about BART.
1
a
b
d
LL2
FROM THE FLOOR
Marty Kantoff commented that if council invited Supervisor Nolanto speak about BART, they should also invite a representative
from BART because they would have opposing viewpoints. He \"ras
also suspicious of anything the airport favors, because theairport always goes against san Mateo county.
ADJOURNMENT
The meeting was regularly adjourned at 10:38 p.m.
Judith A. Malfattcity Clerk