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HomeMy WebLinkAboutMin - CC - 1990.01.17459 BURLINGAME, CAL]FORNIA January 17, L990 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 called to order al 7232 p.m. by Mayor Donald P. Lembi. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City clerk Judy Malfatti. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT: MINUTES Minutes of the Regular Meeting of January 3, 1990 were approved on a 4-0 vote, Mayor Lembi abstaj-ning due to his absence at that meeting. PRESENTATION OF FIRE FIGHTERI S BADGE Mayor Lembi called new Fire Fighter Gi1 Dong forward, congratulating him on joining our Fire Department. Mrs. Dong pinned the badge on her husband, while their infant watched from the Fire Chief's arms. APPEAL FOR PARKING VARfANCE AND HILLSIDE CONSTRUCTION PERMIT FOR 1785 HUNT DRIVE City Planner reviewed her memo of January 10 which recommended council hold a public hearing and take action. The applicant andproperty owner, Jimny Huang, is requesting a parking variance and hj-I1side construction permit to make a 972 square foot second story two bedroom addition to his house. The number of bedrooms will increase from four to six, increasing the floor area 34 percent. At the Planning Commission meeting of December 11, 1989, the commission voted to deny the hillside construction permit. The commissioners found that these Eichler homes were generally of an interiororientation, but that the home at 1775 was built so that it was opened up with windows on the side facing 1785 to take advantage of the distant view. The second story addition at 1785 \,rould eliminate the vie\", from the family room and kitchen at 1775. rn separateaction, the commission granted the parking variance, finding that because of the angle of the street and sidewalk and the placement of the house, the driveway lenqth varies and the entire structure would have to be relocated to gain additional space in the driveway. Mayor Lembi opened the public hearing. wilson Ng, nephew of applicant and designer of the project, said applicants have decided that they would redesign the project andto reach a compromise with the neighbors so they would request a denial without prejudice. The owners are attempting to increasesize of their home so that the grandparents can live with them. thought they misunderstood the ordinancers concern about distant views and thought it was views of the bay which were beingprotected. thetry the He councilwoman o'Mahony had visited the site and saw the 1775 Hunt; she wondered if they could make an additionyard area since they have a large yard; the property a been developed into the rear yard by relocating a retayears ago. ew fromthe rear 775 hadining wa11 Councilman Pagliaro appreciated the spirit of cooperation Ng speaksof and also suggested the addition be made in the rear of lot; hefelt strongly that the addition could be either one or two stories if kept at the rear of the 1ot. vLint1 BARTON, HARRISON, LEMBI , OIMAHONY, PAGLIARO NONE Councilman Harrison agreed that it is difficult to interpret thehillside view ordinance . Speaking in opposition was Mrs. Gray, 1775 Hunt, who said the addition would block their views; her hobby is painting and her homeis light and airy, this effect would be lost with the addition next door; she had no objection to an addition in the rear yard area. Mr. Buechi, 1765 Hunt, agreed with Mrs. cray, all the houses are one story on that block; a second story would ruin the EichLer design. Mr. Rosenberg, 'J"77 0 Hunt, opposed the addition; they have room j-n the rear to expand the home. Mayor Lembi closed the public hearing. Councilman Harrison had no problems with the parking variance because of the exceptional- circumstances of the angle of the street and driveway; that the variance was necessary for the preservation and en j ol.ment of the property rights of applicants; that it would not be detrimental to neighbors and that the use of the property would be compatible with properties in the vicinity. He moved to uphold the approval of the parking variance. Seconded by Councilwoman orMahony, carried unanimously on ro11 call vote. Councilman Pagliaro moved to deny the hillside construction permit without prejudice in order for the applicants to redesign theproject. Seconded by Councilwoman o'Mahony. councilwoman Barton wanted to make clear to applicants that they must come back with a one story design; if council denies withoutprejudice they can come back with another two story design; she could not approve the motion, she would prefer to uphold the Planning Commission denial, Staff noted if the project were denied, the applicants could come back lvith a one story design which would be a substantiallydifferent project, and with the parking variance they might even be able to get a building permit directly for a one story addition. Other council members thought that council's message is clear to the applj-cant; they should have the option to redesign, they may be able to make a one and a half story addition, or even two story if it were far enough to the rear to not block views. The motion to deny without prejudice was carried 4-L on ro11 call vote, Councilwoman Barton voting no. APPEAL FOR SPEC]AL PERM]T FOR HEALTH SPA AT 1550 GfLBRETH WITHDRAWN Mayor Lembi acknowledged a letter from the applicants asking that the appeal be withdrawn. SECOND READING - ORDINANCE 7402 - REGULAT]NG NEWSRACKS City Attorney reviewed his memo of December 12, 1989 which recommended council hold a public hearing and adopt the ordinance. The Beautification Commission had recommended this ordinance to council; it follows the format approved by the courts in cases involving the city and county of Los Angelesi a no-fee permit is required for any newsrack on the public right of way; modular racks are encouraged and each rack is required to have the ownerrs name and street address upon it. Mayor Lembi opened the public hearing. There being no comments, the hearing was closed. councilman Harrison moved adoption of ORDINANCE 1402 Regulating Newsracks. Seconded by Councilwoman O'Mahony, carried unanimously by roII call vote. SECOND READING - ORDINANCE 1403 - ADDING DEFINITIONS AND MAKfNG TECHNI CAL CHANGES TO THE ZONING CODE city Planner reviewed her memo of January 10 which recommended council hold a public hearing and adopt the ordinance. After study 460 46L of the proposed rrhousekeeping" revisions to the zoning code, council introduced this ordinance on January 3. The revisions incl-ude asection clarifying prohibited uses in the code; definitions for the terms "officerr and "real estaterr and revisions to the sections of the code where these terms appear to make them consistent with the defined terms. Mayor Lembi opened the pubLj-c hearing. Tom Hayes, a ne$, tenanthat he can not conduc because it is a violatcity Attorney said hebuilding. Hayes said and he was not informe business is commercial market area is where h manager was also prese be notified; this shoupeople with commercial has been informedat his new officet at 1350 Bayshore, said ht his real estate business ict regulations. the manager of thessional officesI ist rion of the C-4 zoning had spoken to Hayes aal-I the code says is d when he signed thereal estate, not resis new office is loca d ndttp Ie to rofe ase . nt and suggested that 1d be clarified. Thereal estate broker I Hayes said hisaI real estate; his The buildingrty or.,tners shouldthere are others in that building. identi ted. propey said icense Council discussed and asked staff to come back at next meetinq with suggestions regarding clarification of professional office as itrelates to real estate offices in that area. Mayor Lembi continued the public hearing to the meeting of February5, 1990. REQUEST FOR HEIGHT LIryI TATION SIGNS AT 741-761 ROLLINS ROAD Director of Public Works reviewed his memo of January 8 which recommended council consider the request for height limitationparking signs and red zones to improve the line of sight exiting the driveway of these apartments. The Traffic Commission considered the request and denied it at its meeting of December t4, 1989. John Harrison appealed to council. Mayor Lembi invited Mr. John Harrison to speak. John tlarrison, 74L Ro11ins, spoke on behalf of the residents of these two apartment buildings. He has Lived there for 10 years and the problem has increased recently; he said Rollins 5-s a 'rdumpingground" for abandoned cars and told about abandoned cars being towedafter two weeks; he agreed that trimming the hedge may he1p, but didnot think it would be a substantial help; there are sight problems along the Rollins and Winchester area; cars travel Rollins at veryhigh speeds; he asked for any suggestions for the residents safety. Councilwoman Barton agreed there is a problem turning onto Rol1ins, she lives on winchester and has trouble getting onto RoIIins. City Attorney said he would communicate with the property o$rners to suqgest cutting the hedges, although the city cannot require them to do so. Edward O'Donnell, chairman of the Traffic Commission, reviewed the commission's impression that trimming the hedges would be thesolution. Councilman Harrison noted for the record that John Harrison is norelation; he al-so had observed these line of sight problems onRo11ins. Council members vrere all- sympathetic to the problem. Councilman Pagliaro moved to direct staff to install the heightlimitations signs on either side of Winchester Drive. Seconded by Councilman Harrison, carried unanimously by voice vote. AMUSEMENT PERMIT FOR BEHANI S IRISH PUB 1327 BROADWAY City Attorney revS-ewed his memo of January 9 which recommendedcouncil approve extending this permit until JuIy 1, 1990 when j-t would be reviewed with other Amusement Permits in the annualrenewal. The Po1ice Department reports the ovrners appear to bedoing a satj-sfactory job of controlling incidents and the Fire 462 Department reports that they have installed a second exit to acconunodate the number of customers. councilwoman Barton moved to approve the permit as recommended. Seconded by Councilwoman o'Mahony, carried unanimously. COMM]SSION APPLICANTS Mayor Lembi announced that councj-l members had completed interviews for three commissions and had several appointments to make. Councilwoman Barton said she and Councilwoman o'Mahony had interviewed applicants for the Traffic, safety and Parking Commission and recommended the reappointment of Michael Koenigs and the appoj-ntment of Marj.o Amoroso and Dennis Preger, all terms to expire November 6, L992. There were no other nominati-ons and the nomj.nees were unanimously appointed. Councilman Harrison said he and Councilr.roman Barton interviewed for the three Civil Service Commisslon positions. They nominated Victor Richmond, Maxine Graham, Frank Hunt and Bernard Transano. city Manager distributed bal-Iots which were voted as follows: Pagliaro voting for Dylina, Richmond and Transano; Barton voting for Richmond, Transano and Graham; Harrison voting for Hunt, Richmond and Graham; orMahony voting for Hunt, Richmond and Graham; and Lembi voting for Hunt, Richmond and Graham. Richmond, Graham and Hunt being appointed to terms expiring December 1', 1'992. Councilman Pagliaro said he and Mayor Lembi had interviewed several very nice and highly qualified people for the Planning Commission. They recommended Jerry Deal and Michael Galligan for the two positions. Councilwoman Barton nominated James Yawn. Councilwoman O'Mahony nominated Terry Fibich. City Manager distributed ballots with votes resulting as follows: o'Mahony voting for Deal and Fibich; Harrison voting for Deal and Galligan; Barton voting for Galligan and Yawn; Pagliaro voting for Deal and Galligan; Lembi voting for Deal and Galligan. DeaI and Galligan were appointed to the Planning Commission, Jerry Deal to take office at once and Michael calligan to replace Nannette Giomj- on April 7, 1990. Council interview teams will interview for the Park and Recreation, and the Beautification Commissions and make appointments as soon as possible. CONSENT CALENDAR Councilman Harrison commented on an article in the newspaper which said Burlingame does not discuss ordinances when theY are introduced on the consent Calendar. He asked about "c," the ordinance Prohibiting obstruction of Businesses. He noted this would result in only a fine for violators. The new provision would be to make obstructing businesses an infraction instead of a misdemeanor and make arrests more practical to prosecute. citY Attorney had also read the article mentioned and he will call the paper to enlighten them that a fuII discussion and public hearing is held at the second readi-ng of the ordinance. Couneilwoman o'Mahony pointed out a correction to be made in the zoning ordinance in item "a.r' Councilman Pagliaro stated he represents B1ack and Veatch and would abstain from the vote on item 're." a INTRODUCTION OF ORDINANCE 1404 - REZONING 14 PARCELS FRONTING EDGEHILL/CALIFORNIA . SCHEDULE PUBLIC HEARfNG ON GENERAL PLAN AMENDMENT AND REVI EVI OF NEGATIVE DECLARATION City Planner's memothis ordinance and s amendment and negati new land use for mix of ch ed January l-0 recommended council introduce edute public hearing for the general plan declaration to change the zoning to a residential-commercial, the rrc-R" zone. INTRODUCTION OF ORDINANCE 1405 - MOD]FYING THE ZONING TO ALLOW AIRPORT PARK]NG AS AN INTERIM USE IN ANZA AREA - SCHEDULE PUB- tIC HEARING - SAP--GENERAL PLAN AMENDMENT NEGATfVE DECLARAT]ON City Planner's memo of January 10 recommended council introduce thil ordinance and schedule pubtic hearing for a general plan b. 463 amendment, specific area plan (SAP) amendment and negative declaratj-on to al1ow long term airport parking as an interim use in portions of the Anza Area. INTRODUCTION OF ORDINANCE ]-406 - PROHIBITING OBSTRUCTION OF BUSINESSES City Attorney's memo of January 8 recommended council introducethis ordinance to deal with mass public demonstrations such as experienced at the Burroughs wel"Icome Company in December. State la\^r provides these people could have been arrested on misdemeanor charges, but this woul-d be very expensive and time consuming because it allows an attorney at public expense and ajury triaI. The new ordinance wilL alIow for arrests for infractions which are more practical to prosecute. RESOLUTION 10-90 - RECORDS RETENTION SCHEDULE FOR CfTY ATTORNEY RECORDS d City Attorney's memo of Januarythis retention schedule providin destruction schedule for the Cit ecommended council approveor a permanent retention and ttorneyrs records. 3rgfyA RESOLUTION 11-90 - AUTHORIZING AGREEMENE FOR WWTP IMPROVEMENTS CP 529 B - SCOPING STUDY OF PROPOSED UPGRADES Public Works memo of January 11" recommended council approve an agreement with Black & Veatch, Engineers and Architects, in the amount of $19,750 for a study of regulations, availability andsuitability of specific equipment for upgrading the wastewater treatment pIant. f. APPROVE SPECIAL EVENT PERMIT - BICYCLE RACE ON JI'NE 24 1,990 city Managerts memo of January 9 recommended council approvethis application from cene condon with Burlingame Cyclery for a bicycle race in downtown Burlingame from 7 a.m. to 2 p.m. This event was hel-d successfully last year with little complaj-nt. s WARRANTS AND PAYROTL Finance Director duly audited, j-n 2l-019 - 2t770 fo $1,002,338.30. rt Y ecommended approval of Warrants 70'76 - 7497, he amount of $1,272,276.28 and Payroll Checksthe month of December 1989 in the amount of Councilman Harrison moved approval of the consent Calendar with Councilman Pagliaro abstaining from the vote on item rre.rl Seconded by Councilwoman Barton, carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS Fairgrounds/Convention Center: Councilman Pagliaro reviewed another meeting regarding the fairground; most attending seemed to favor the option of improving the fairgrounds at a cost of $30 millionproviding that cities raise their transient occupancy tax to fundthis; cities are to contact their hotels to see how the hotels would support this proposal; there was discussion of whether the tax raise would be county-wide or city-by-city; he brought up the issue that Burlingame pays 35 percent of the Convention and Visitors budget butonly has one vote and the question of havinq more representation. He asked that council hold a special meeting to discuss the issue ofa convention center or exhibit haI1 in Burlingame and noted that a convention center would have to be subsidized where an exhibit haII might pay for itself. SCHEDULE SPECIAL MEETING: After Some discussion, was scheduled to be held at 5:30 p.m. on Februaryregular meeting of that same evening. 5p pecial meetingrior to the RESCHEDULE JANUARY GOAL STUDY MEETING: Councilwoman BarIon felt itimportant that all council members be present at the GoaI Session.since councilman Pagliaro would be absent in ,January, it was rescheduled to February 24 at 9:00 a.m. when he could be present. NEW BUSINESS Schedule Hearing: Mayor Lembi scheduled an appeal hearing for February 5 for a Montessori school at 1 Lorton. Proclamation Honorinq A1 Teglia: Councilman Harrison noted the upcoming retirement of AI Teg1ia, councj-I member of Daly City, from our local high school dj-strict where he has been employed for many years and asked that a proclamation honoring his service in the school district be prepared. Council concurred. Hillside Vi-ew Ordinance: Councilman Harrison asked that this ordinance be discussed at the next study meeting; perhaps somedefinitions could be added to make it less subjective; perhaps a certain percentage off the roof line; perhaps a "minor modification" procedure could handle this. ACKNOWLEDGMENTS commission Minutes: Civil Service, November L4, !989iBeautification, January 4, 1990; Park and Recreation, December2!, 1989; and Planning, January 10, 1990. b. Department Reports: Building Inspectorts Report, December 1989. a c. Letter from R.R. MiIIer regarding parking on Dufferin. Councilwoman o'Mahony asked that a letter be sent to Miller; also received calls regarding this truck from another party. d. Proclamation endorsing the ReLEAF Program. e. Letter from Special olympics requesting funds. FROM THE FLOOR she had City Manager informed council that the new parking lot on Howard and the new parking structure on Donnelly would be opened soon and there would be ribbon cutting ceremonies planned. ADJOURNMENT IN MEMORY OF RICHARD ATLENBY Mayor Lembi said a former 26 year employee of the city died recently and asked for a moment of silence before the meeting was adjourned in Richard Allenby's memory. The meeting was adjourned at 9:20 p.m. Judith A.city clerk Ma 1f att 464