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HomeMy WebLinkAboutMin - CC - 1990.12.04131 BURLINGAME, December CALI FORNIA 4, 7990 CALL TO ORDER 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 Gloria Barton. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cornrnander Tom chase. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: MINUTES BARTON, HARRISON, LEMBI , OIMAHONY, PAGTIARO NONE Minutes of the Regular Meeting of November 19, 1990 were approved on motion of Councilman Harrison after changinq Mayor Lembi to Mayor Barton on page 3 and 7. Seconded and carried unanj.mous Iy. PUBLIC HEARING - APPEAL FOR A HILLSIDE CONSTRUCTION PERMIT AT 28OO MARIPOSA DR IVE - RESOLUTION 147-90 APPROVING SAME There is 115 feet between the house at 2800 Mariposa and the house at the rear, at 2809 Las Piedras. More than a year ago the applicant requested a second story addition and council reviewed and tlenied that request. Since more than a year has passed' the present request should be reviewed independently of any previous application. The Planning Commission aPproved this request at ili october 22 meeting. the permit was appealed by the adjacent neighbor, Harold cooper, 2809 Las Piedras. City Planner noted letters received after preparation of the staff report from Mr. Cooper inviting council to visit his home, from Ken and Eunice olson objecting to the Project, from Mr. and Mrs. Ericksen objectj.ng, and two letters from Margot Smith and Nick Delis in support. She also noted a report made for council on all hillside construction permit requests from 1989 and 1990. Mayor Barton opened the public hearing. City Planne council hol applicant ,order to ma home at 280 a master beexisting fi so the totafour. The house by si Vasilios Sinot set a p after many he had rece Planning mewill enhanc is los Iook a photog said w r reviewed her memo of November 20 which recommended d a public hearing and take action. Vasilios Sianis, is requesting a hillside area construction permit in ke a 1,225 square foot second story addition to his O Mariposa Drive. The second story addition includes droom with bath, bedroom, bath and family room. The rst floor wiII be remodeted eliminating t\,ro bedrooms 1 number of bedrooms in the remodeled house will be proposed addition will increase the height of the x feet from elevation 130 feet to elevation 135 feet. anis, applicant, said council's action tonight would recedenti each application is taken on its own meritsi reviews by Planning staff and the Planning Commission, ived approval for his project at the october 22 eting. His project will not look like an addition, it e the neighborhood; the second story is not directly in Cooper's view, cooper's house is 2 away from his home. He showed manY Ppresent house taken from cooper's wj,n proposed addition superimposed on the asked if photos were taken from stand Sianis said standing inside Cooper's distant view is preserved, only a smatftp rapith 0 feet higher and 115 feet hotos and slides of his dows with line of thephoto. Councilman Pagliaro ing or sitting position; window. sianis said the 11 part of lower Burlingame rom view. He said cooper has consistently refused to lans; Cooper had pictures taken by a professional her with a telephoto lens which distorted the image. He the hillside ordinance, the person with a view has aL1 L32 Pierre Derouineau, 421 california, reviewed several largeprojects in other cities. WiIliam Burnes, 2817 Las Piedras, agreed with the opposition, he bought his home for the vj.ew andpaid a premium for the view; some neighbors support, but theydon't have views. Max Drimmer, 2812 Las Piedras, also paid highprice for his view; he hoped the project would not be permitted. A lady who lived on Arguello asked council to listen to theirconstituents. Erick Cox, 2621 Arg.uel-Io, said whatever happens tonight regarding this project wiII set precedent. John Morgan, 2720 Martinez, visited Cooper's home and saw the sticks on roof representing the proposed roof line; cooper wiII fose view; he noted the taII hedge is an outrage; he urged denial . Jose Franco, 1532 Los Montes, said a year ago he fought an additionIike this one and 1ost, now he has lost his view. Fred Latter, speaking for his father who lives at 2831 Frontera, said his father is wheelchair bound and a person seated loses much greater view than when standing, the view when someone is seated should be considered. Marti Knight said she lives in the lowlands, butstill enjoys her views of the hills and would hate to lose that view; people bought these home when the views were protected by CC&RS. the rights and an applicant has no property rights. He mentioned that the petition presented by cooper was done over a year ago in regard to the hillside ordinance and not this application. Cornelius Lyons, 2804 Mariposa, spoke in favor of the Sianisproject; he said the scare tactics used by Cooper about thehillside ordinance being under attack were not helping the city; Cooper's vj.ew would not be greatly obstructed, he asked councilto approve the project. Jim Vandarakis, 3 Las Piedras court, said Sianis has met all city requirements and he thought theproject should be approved. Jane Cheng, 2801 Mariposa, said only a very smal1 percentage of cooperrs view would be lost, she favored approval . Speaking in opposition $ras Haro1d Cooper, 2809 Las Piedras Drive, who asked council to reject this addition which council rejectedlast year, there have been no important changes made in theproject; he said Sianis has other alternatives available, Sianis could build out into yard, he only has 30 percent lot coverage atthis time and he could use up to 40 percent, in fact he could askfor a variance and use even more than 40 percent, this is a singte family home area and Sianis wants to have his parents livewith him, that will be t$ro families in one home; the petition he presented is a list of people vrho vrant to keep the hillside ordinance; he read criteria for granting hillside permit; he saidif council allows this project it would be granting Sianis a view and taking away his view; for many years the views vrere protected in the Mi1ls Estate area by the cc&Rs but as soon as they expired people started building second stories; he noted Millbrae is nowinvestigating a similar Iaw to protect views. Councilman Harrison asked about the petition and determined that it was signed by people who opposed any change in the hillside ordinance, not signed in opposition to 2800 Mariposa. Irving Amstrup, 2708 Trousdale, former council member, reviewedthe reason council adopted the hillside ordinance was because of an enormous addition on Arguello which eliminated the neighbor'sentire view; Sianisr project is a carbon copy of this previousproject; Sianis could add 1,000 square feet on the ground leveI; cooper is askinq only to keep what he has; Sianis is adding upward to gain a view. Cathy Payne, 2754 Burl-ingview, said the Planning Commission inserted the word "significantrr into the hillside ordinance when they approved this project. Council members asked that comments be kept to 2800 Mariposa application. Payne continued that if 2800 Mariposa is approved, it would set a precedenti cooperrsperfect view would be taken, the loss is irreversible; Sianis hasIet an 18 foot high hedge block views, he is not cooperating withhis neighborsi she begged council to enforce the hillside ordinance. 133 Sianis rebutted; said Cooper does not have an easement over hisproperty; should be able to work something out with Cooper butgot no cooperation; this application should stand on its ownmerits; all city regulations will be met. Cooper thanked council and urged denial. Mayor Barton closed the public hearing. Councilman Pagliaro said the city has an ordinanc views but it gives no percentages on the amount ocouncil must look at the equity and try to balanc ef a h u h a to protect view bthe ri locked;ghts of neighbors; Cooper purchased would last forever; Sianis b proposed addition will affec they need to make these chanlive, Sianis says his parent they already have a four bedroom home and with the addition itwill stilI be a four bedroom home, he did not see a great needfor this addition; the plans are similar to the previous plans; they could easily add three walls and have a six bedroom home;parking could be a problem; the alternatives suggested Iast year were not considered, such as flat roof or building into the yard, he felt there r^ras a tremendous inequity. Councilvroman o'Mahony reviewed the previous actions on hillside construction permits; she thought the ordinance was successful; she visited the cooper home and looked at the views, she couLd see there would be a slight loss of view; she did not believe an addition could be made into the Sianis yard; she sensed the fear citizens feel about loss of views but nothing is forever; she thought if the neighbors had talked to each other they would not be here; she agreed the ta11 hedge was ridiculous; she assured the people the ordinance affecting the hedge would be fo11owed. councilman Harrison said each hillside construction permit request is considered on its own merits; this decision wouLd notset a precedent; he visited the sites and observed the view, the view lost was minimal; Sianis could not add onto first floor because the yard would be lost. CounciLman Lembi agreed this is a difficult decision; he was convinced that there was not a major view obstruction; he stoodin various rooms at Cooperrs house and tried to imagine theaddition's effect; he still sees the airport, the bay, he will Iose some trees in lower Burlingame but when you stand you will Iose nothing; he has stated before that if anyone proposed an addition that blocked a view he would vote against it but that is not an issue here. Mayor Barton noted that Sianis said this project should be considered on its merits; the city has a view ordinance and shefelt it means a view can't be blocked; if the cc&Rs were stil1 ineffect there was no way Sianis could build a second story, when people bought these homes they thought the CC&RS would protect them; she felt this project would cause a significant loss of view; did not think it fair to buy a home vtith a view and pay more for it, then have someone who comes along and adds anaddition to take that vieu, away; perhaps we should spelJ- this ordinance out and put on the ballot; she felt strongly that council tries to a11ow expansion of homes for families but Sianis can build into the yard; when she visited cooper's home and saw the sticks representing the additionrs roof line, she realizedthat the sticks were very different from looking at a solid roof; Sianis is taking away the greenbelt view, it would be a great loss. Councilman Harrison moved to uphold the Planning Commissionrs approval and adopt RESoLUTIoN 147-90 with conditions and findings including the findings of the Planning Commission and that thisapplication is considered on its own merits and it does not set aprecedent. Seconded by Councilman Lembi and carried 3-2 on ro11call vote, Mayor Baxton and councilman Pagliaro voting no. t he believed ome and his nderstand why ree peopleth them, but a home with a view th ought a single storyt Cooperi he did notges in a home where ts will come to live w Mayor Barton called for a recess at 9:23 p.m. The meeting reconvened at 9:30 with all council members present. PUBLIC HEARING - APPEAL FOR SIGN EXCEPTION TO INCREASE SIGN HEIGHT AND TOTAL SIGN AREA AT THE SHERATON HOTEL, 1177 AIRPORT BOULEVARD City Planner reviewed her memo of october 29 vrhich recommended council hold a public hearing and take action. The Sheraton Hotel is requesting a sign exception to replace an existing 8 by 15 foot double faced pole sign 20 feet taII with a 21 by 9.5 foot flip t sigTn c second squarethis h s igns wants they p becauspole s double faced pole sign 30 feet talparallel to Highvray 101. The new I on the secondary frontage sign would include reflective be illuminated at night. The square feet of signage on a e Sheraton Hotel, showed said the sheraton has been vacancy rate and otherstimulate business; they egular basis and the sign sign is capable of being ype readerboard which would ode allows two signs and 75ary frontage; this proposal exceeds the sign code by 324feet. Presently there is 1,420 square feet of signage onotel in eight signs; 960 square feet are in the two roof to hold in the hotel. The taller sign is needed he trees and shrubs along the freeway block the existing ch are no longer permitted in Burlingame. The applj.cant readerboard so they can advertise shows and events thatwhi the lanet ign rs; igh toar the Mayor Barton opened the public hearing. Robert Rogers, attorney representing th an example of the readerboard lette troubled for several years with a h problems, the new signs would helpplan to have name entertainment on would help to advertise it; though changed quickly, they $rould agree to a time limitation on changing the readerboard - for example change every five minutes. Councilman Harrison asked why this type sj-gn can't be used infront of the hotel where there is now a readerboard; Rogers saidthat sign does not have enough visibility. Mayor Barton closed the public hearing. councilman Lembi said he had a problem vrith this type of signwith its "Las Vegas" look; he would like to help the hotel but not with this sign. Councilman Pagliaro agreed, Sheraton roofsign is the largest sign in Burlingame, they have enough signs already. Councilman Harrison moved to uphold the Planning Commissiondenj-aI. Seconded by Councilwoman orMahony, carried 5-0 on voice vote . ORDINANCE L428 - ESTABLISHING STOP SIGN ON MURCHISON DRIVE AT OGDEN DRIVE - CONTINUE TO FIRST MEETING IN FEBRUARY 1991 city Manager reviewed the City Attorneyts memo of November 20 which recommended council take action on thj.s stop sign. He acknowledged a letter from the Mayor of Millbrae requesting that Burlingame vrait until a new traffic count can be made, the last traffic count was done during the summer when school was not in session; the letter noted that a single stop sign at this location could create a hazardous situation because drivers might be misled into assuming all legs of the intersection have stops. Mayor Barton agreed with the Mayor of Millbrae that a single stop sign could be dangerous, she was willing to delay action until a traffic count is done. After discussing with city Engineer, council agreed to defer action until the first meeting in February so that a traffic count could be completed. Councilman tembi moved to continue this ordinance until February and to so notify the City of Mil1brae. Seconded by Councilman Pagliaro, carried unanimously. 134 COMMISSION APPOINTMENTS Civil Service: Council-man Harrison nominated Janet Galeno for reappoj-ntment to the Civil Service corunission and Jack Heffernan as a nevi appointee to the Civil Service corunission. There being no other nominees, they were affirmed. Senior Citizens Coordinating Council: Council expressed surprisethat there are no applicants other than the seven people presented at the last meeting; perhaps council should reduce the number of members on this cornmittee to five; perhaps council should reconsider even having this comrnittee i Councilman Pagliaro suggested sending letters to people who have applied for commissions and not been appointed to see if they might be interested in serving on this cornmittee, he did not feel the applicants had to be seniors to serve. Mayor Barton said this is not a commission, if more seniors don't want to serve then Iet's not have this committee; she felt strongly that people who applyfor commissions would be misled if council asked them to applyfor this advisory corunittee. It vras moved and carried 4-1 to send letters and make application deadline January 7, L99L, Mayor Barton voted no. COUNCIL COMMITTEE ASSIGNMENTS Councilman Harrison noted that Chuck Mink would no longer be ableto serve as alternate to ALUC and asked that council members consider an appointment. Councilman Lembi said he would be unable to serve as Chamberliaison, and Councilman Harrison, alternate, said he would serve with Lembi as alternate. Counci lma as s ignmen represent having th agreement process. conunittee during establishment of this agreement, h Councilman Lembi who hras Mayor and served on the corunittee shoul-d be a representative to C/CAG, he so moved. Councilwoman o'Mahony e C/CAG e to the n Harrison moved approval of items 1-14 onts and asked for discussion of item 15, thatives, the motion carried unanimously. H e tr.ro council members who voted against th as the representatives might be disruptiv Since all the former Mayors served for a the list of e c/cAGe felt that year on thise thought seconded th exception t against thenot vote ag asked for v word; she r powers of t olunteers evi-ewed ahis commit e motion. Councilman Pagliaro and Mayor Barton took o this discussion; Councilman Pagliaro said he voted agreement because of only one smaI1 section, he did ainst the concepti Mayor Barton noted that when she local control; she wa strongly about local to serve as representatives , nobody said aletter received from Jane Baker about the tee and $ras very concerned about Iosing nted someone on this corunittee who felt verycontrol. Counci-Iman Lembi said when he went to all those 7:00 a.m. meetings to organize C/CAG, he brought toit every concern this council expressed, he felt he would represent council fairly; he said if Councilman Harrison would withdraw the motion, he would defer to Councilman Pagliaro and serve as his alternate. Councilwoman o'Mahony recalled when council previously had discussed that Lembi should serve on that committee. she withdrew her second. The motion died and Councilman Pagliaro and Lembi agreed to h,ork something out. CONVENT]ON CENTER COMMITTEE REOUEST FOR COUNCIL ASSISTANCE city Manager reviewed his memo of November 28 which recommended council select two members to assist the Convention Center Committee to interview the top firms to act as consultants. Councilman Lembi and Councilwoman orMahony were appointed. Councilman Lembi suggested that the coNnittee use Dan McHale to assj.st in this decision; cormittee chair Irv Amstrup suggestedthat McHale might have a bias since he is a hotelier, Councilwoman orMahony agreed. 135 136 AUTHORIZE CITY TO PURCHASE DUNCAN PROPERTY City Manager revie\4red his memo of November 28 which recommended council authorize purchase of the Duncan property at 404-406 Primrose Road for $500,000 in accordance with the JuIy 7, 1986 agreement with the Peninsula Foundation. In 1980 Thyra Duncan died and willed her property to the Peninsula Foundation in trustfor the City Library. The current Iease with Fox and carskadonwill be terminated and the city has the option to purchase theproperty. Funds would come from undesignated general fund balances and the l-990-91 budget would be amended accordingly. The space could be used by the Fire Department and city HaIIstaff during remodeling and would provide for present and futurelibrary needs. Councilman Harrison moved to authorize purchase of the Duncanproperty for $500,000 from undesignated general fund balances andto amend the L990-91 budget. Seconded and carried unanimously. GREYHOUND BUS DEPOT BUILDING city Manager reviewed his memo of November 29 with the Public works memo of November 28 attached which recommended council authorize up to $40,000 from budgeted contingency reserve for a renovation project. The Recreation Department would control scheduling use of the building for various community groups or recreation uses. The Public works memo reviewed costs of renovation and/or relocation of the building; relocation to washington Park and rehabilitation would cost uP to $120,000; renovation of the building at its current location would cost betvreen $35,000 and $45,000. Councilwoman OtMahony was concerned about citizens using the building at its present site, it would be much safer in the Park, wiser to move it first and then refurbish it. other council members preferred to leave it where it is and remodel it. Councilman Harrison moved to a contingency reserves to remodeuse. Seconded by Councilman P vote, Councilwoman O'Mahony vo ove spending up to $40,000 from he creyhound Bus Depot for cityiaro, carried 4-1 on ro11 call g no. ppr1t agrtin BROADWAY/CALIFORNIA INTERSECEION IMPROVEMENTS City Manager reviewed the Public works memo of November 28 $rhich listed the improvements made to the intersection. councilmembers reviewed complaints about traffic backed up onto the overpass, and difficulty of getting across Broad!,ray, CounciL suggested that the traffic consultants be asked to come up with alternatives or modifications and report back at the February study meeting. CANCELLATION OF DECEMBER 17 1990 MEETING Council unanimously concurred with the City Managerts recommendation to cancel the December 17 meeting. The next regular meeting will be January 7, !99t. RESOLUTION 148-90 - AWARDING CONTRACT FOR CO!{AN ROAD PUMP STATION - cP 637 improvements. received ranginbidder, Golden omitted a s j-gne since received s were opened on rom $205,015 to , sent a letter opy of Addendum igned copy of th Public works memo of November 29 r are any protests and then award th in the amount of $205,016 for the commended council ask if theres contract to Anderson Pacific owan Road Pump Station November 20 and six bids were 227 ,133, the second lowf protest since the low bidder from his bid packagei we have addendum. the addendum did changes that would affect he addendum just made sure section 3.02, Award of to waive any irregularities. Bidgf BaY dcas ei D o 1 not materially affect the bid sinc bids were given to al-l- bidders and tthat all understood the two forms. Contract, reserves the city's right L37 Mayor Barton asked if there were any protests, there being none the council unanimously awarded the contract as recofiunended. CONSENT CALENDAR Councilman Harrison commented on the sj.dewalk repair work being done in the Burlingables area, the contractors are very messy. Councilwoman o'Mahony had questions concerning ttc" whether the retainer had been paid, staff said it is not paid, and "d" this contract problem with the fiber lines in the railroad right-of- way and why it is so expensive; staff is negotiating $rith the contractors. RESOLUTION 149-90 - REVISING CITY CONTRIBUT]ONS FOR HEALTH fNSURANCE FOR FIREFIGHTERS, FIRE & POLICE ADMINISTRATORS AIiID DEPARTMENT HEADS Administrative Assistantrs memo of November 26 recommended council adopt a resolution increasing the city contributionsto retired memberrs health insurance costs to be effective upon receipt by PERS. RESOLUTfON 150-90 - AWARDING CONTRACT FOR UNIFORMS FOR PUBLIC WORKS AND PARK DEPARTMENT WORKERS Public Works memo of November 27 recommended council awardthis contract for uniforms to Maryatt Industries for the 1ow bid of $11,148.95 for the 1991 year. c. RESOLUTfON 151-90 - ACCEPTING COMPLETION OF AIRPORT BOULEVARD REHABILITATf ON PHASE 1A - CP 328 Public works memo of November 28 recommended council accept as completed Phase 1A of the Airport Boulevardrehabilitation project as completed by Ferma Corporation in the amount of $2,609 ,647.08. d. RESOLUTION 152-90 - ACCEPTING COMPLETION OF CALIFORNIA/GROVE DRAINAGE PROJECT PHASEB-CP415 Pub1ic Works memo of November 28 recommended council approve Phase B of this project by Satterfield General Engineering Contractors in the amount of $78,434. Phase B is 100 percent completed, Phase A, because of unexpected closenessof fiber lines in the railroad right of way, will be postponed until the matter is resolved with AT&T, US sprint and SPTC; estimated construction time will be April 1991. ENCROACHMENT PERMIT FOR STAIRWAY AT 1205 HOWARD AVENUE b Public works memo of November the encroachment of one foot,right of way. 29 recommended council approve seven inches into the public TENTATIVE LABOR AGREEMENT WITH DEPARTMENT HEADS AND UNREPRESENTED City Managerts memo of November 26 recommended council approve this labor agreement with eight department heads and four unrepresented employees in accordance with councildirection; the agreement includes salary adjustments of 5percent in July 1990 and July 1991. AUTHORIZE STAFF TO APPROVE INCORPORATION OF BAY AREA WATER USERS Public works memo of November 27 recommended council givestaff authorization to consent to the filing of Articles of Incorporation for the Bay Area water Users Association as anon-profit, mutual benefit corporation. Councilman Harrison moved approval of the Consent Ca1endar. Seconded by Councilman Lembi, carried unanimously by voice vote. I a. f 138 NEW BUSINESS Winter Shelter Donation: Councilwoman o'Mahony moved that thecity donate $2,000 to the San Mateo county winter Shelter for homeless. Seconded by Councilman Harrison, carried unanimously. Schedule Appeal Hearing: Mayor Barton scheduled an appeal hearing for the January 7, t99l meeting for a sign exception for the Doubletree Hote1 (formerly Ibis) at 835 Airport Boulevard. Music Ctub Parking Space: Councilman Pagliaro had received a letter requesting designation of a couple parking spaces once a month during performances at the Burlingame women's C1ub. He asked staff to find a way to accorunodate the Music C1ub. FROM THE FLOOR Marti Knight thanked council for the wonderful holiday celebration and tree lighting last week. Council agreed it was agreat event and congratulated the Chamber of Comnerce. ADJOURNMENT IN MEMORY OF FORMER MAYOR DAVE MARTIN, AND OF MARY PUTMAN Mayor Barton noted the recent death of two distinguishedcitizens, our former Mayor and Councilman Dave Martin, and Mary Putman a dedicated volunteer and wife of our former commissioner Larry Putman. She asked for a moment of silence and then adjourned the meeting at 10:48 p.m. in their memory. Judith A. MaCity clerk tti