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
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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
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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
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