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