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HomeMy WebLinkAboutMin - CC - 1989.09.06406 BURLINGAME, September CALTFORNI A 6, 1989 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 cal-Ied to order at 7:31 p.m. by Mayor Irving S. Amstrup. PTEDGE OF ATLEGIANCE TO THE FLAG Led by Marti Knight, school board member. ROLL CALL COUNCILMEMBERS PRESENT:AMSTRUP, BARTON, LEMBI , MANGINI , PAGLIARO NONECOUNCILMEMBERS ABSENT: MINUTES Minutes of the Regular Meeting of August 21, and the study Meetingof August 23, 1989 were approved. APPEAL FOR HILLSIDE CONSTRUCTION PERMIT AT 28OO MARIPOSA - DENfED City Planner revier/red her memo of August 16 which recommended council hold a public hearing and take action. Vasilios sianis, applicant has resubmitted his applicatlon for a hillside area construction permit for a second story addition to his home aftercity Council denied it without prejudice on July L7, 7989. The revised proposal shows inches above the existstory would be 47 feetIine. The new roof wothe second story plate Planning Commission vo motion failed because several letters receiv Councilman Pagliaro appreciated the large photograph, City Planner noted it was prepared by th the project met aII city coif a 1200 foot addition wer variancesi City Planner sai requirements except the needefinition there are six bein the back yard without ne pplicant. Councilman Mangini asked if , how many bedrooms were involved anduilt in back yard would it need he current project met aII codeor a hillside permit; that by city oms, and that expansion could be made ng variances. the new roof heiqht to be five feet fouring roof peak. The width of the new secondat the plate line and 30 feet at the ridgeuld be mansard rising less than two feet aboveline to a flat tar and gravel roof. Theted 3-3 to approve the resubmitted permit, theit did not receive four votes. She reviewed ed after the staff report was prepared. ea desebdrdf dro edi Mayor Amstrup opened the public hearing. Stevan Luzaich, attorney representing applicant, reviewed the number of bedrooms used by the Sianis family; that the mansard style roof was 3.5 feet Iower than the original proposal, the Planning Commission had suggested lowering two feet; Commission seemed confused about the obstruction of view, views mean different thingsto different people; he did not believe there lvould be a substantial obstruction of the view; he clarified the photograph was taken while standing at the coopers' living room window, the photo has tracing lines showing the new roof line and the line of trees. Councilwoman Barton wondered hov,, much higher the roof is than the height of the coopersrhedge. Luzaich stated that building out into the back yard was explored by the applicant and is not feasible, it would reduce the size of existing bedrooms in the home and block light and air access of these rooms; there could also be a problem with drainage from hj-I1side and the neighboring yards i-f applicant's yard is covered by bui lding . Mayor Amstrup cornmented that nearfy all lots in Mi1ls Estate area are large and would a1low building out rather than up. CALL TO ORDER 407 Stanley York, architect for the project, said that the applicant had explored all methods of expanding house; that he had been aware of the hillside ordinance when designing the addition and tried to r,rinimize the impact on neighbors; the mansard portion of the roof is the same pitch as the previous proposed hip roof; this project would not affect distant views . Councilwoman Barton wondered hor., much of the greenery would bevisible from the Coopers' house; York said they would still have a s;ubstantial viewi Barton noted any blockage of view, substantial or not she would vote against. tuzaich said the photograph was taken from a standing position, there is a six foot fence and the hedge is higher. The addition is about 1400 square feet. The hillside view law j-s difficult because a v!.-er{ j-s subjective and means different things to different people. Councilman Paglj.aro had concerns about the plans showing five or six bedrooms and of housing two families; this family has one child, why do they need so many bedrooms, seems excessive. Attorney said there would be a library and a sitting room, playroom, family room, and anoffice/den. Applicant said one room staff considers a bedroom could not be used as a bedroom because it is only eight feet wide and the remainder of this present downstairs bedroom would be used for the rrt:ai r:r.iay to the new upper f 1oor. Vasilios Sianis, applicant, reviewed the history of this project; he began applj-cations in January and now it is September and he still hrs not been able to build; has tried to meet with the coopers to discuss project but they always refuse; the new proposal roof heightis weII below Coopers' view, the only thing they will lose is a viewof other rooftops; he has tried to meet aII city Iaws, tried to preserve the cooper view and also tried to get his addition buiIt. t4lrgaret Smith, 2805 Mariposa, supported the addition; she said she rua; ;rnder the impression that aII Sianis had to do was lower the roof plan two feet and he would get his addition; Sianis lowered over three feet and it was refused by the Planning Commission. The reference to bej-ng only one story houses is incorrect, there are two story houses in the area, in fact one right next to Sianis is tvrostory and it sticks out like a sore thumb, would help to have another two story next to it. Cornelius Lyons, 2804 Mariposa, owner of the "sore thumb" next doorto Sianis, said he had viewed the plans and thought they would good plans; he may lose some light; he had no objections. Speaking in opposition coopers and Ericksons a would be directly affecof the roof, the additipresent house, 14 feet Timothy orHara, attorney representing the 09 and 1205 Las Piedras. His clients by this addition; they only took off part s a forty foot box sitting on top of theer. The photograph etchings are was T. LZ tedoni high misleading because this would be a solid box; he showed council before and after photographs of the addition as he thought it wouldlook. Additionally the chimney will obscure more view; Coopers and Ericksons thought council direction was to build in the back yard, that upward addition was unacceptable. Council must balance the equity of Coopers' loss of view with Sianisr need for an addition, which need is greater. He reviewed his letter which showed analternative to building upward, an addition could be built in the back yard, would only reduce the back yard 40 percent. Sianis says he would lose Iight and air if he built in back, but what about the coopers' and Ericksonsr light and air, and their vi-ews. It vras estimated that the lose of view is valued at $80,000. The Ericksons have experienced problems with the Sianis hedge growing to a heightof 17 feet; that it is an ugly hedge; showed photos of hedges. He noted the hedge could be trimmed, but a talI building would bepermanent. The Erickson view $rould be totally lost. Erickson requests that if council approves the project, the hedge be requiredto be cut and the window looking down on the Erickson patio be moved. He asked that council make finding that the long range view would be lost and that it deny the application. To restore neighborhood harmony, Sianis should be directed to build in the backyard. Keep the tradition of one story in the hillside area. 408 Councilman Mangini said council direction at the last hearing was to reach an agreement and that one possibility was to build in the backyardi council did not direct Sianis to build in the back yard. Councilwoman Barton and Councilman Lembi both had questions about the photographs, were they correct in the perspective of views l-ost.city Planner coul-d not be certain of perspective and sca1e. Councilman Lembi objected to having two different size photos, it was confusing. orHara then showed photo from last hearing which hadpreviously planned hip roof superimposed over view; he bent backpart of the roof to approximate the new mansard roof line. Earl Erickson, 2805 Mariposa, spoke in opposition, complained about the hedge problems and noted that his property has an extensive drainage system which drains to the front of his property so the argument that Sianis couLd not build into back yard because of the drainage was not correct. There are some two story houses, but these are on the smaller lots and were allowed because they do not F f f r?( j'i views . The window in the Sianis addition !,rouId invade theprivacy of his yard; would reduce the value of his home. He said he would also like to add a second story to his home to gain a view butthat he would not do so because he would consider his neighborsview. He requested council deny the application. Harold Cooper, 2809 Mariposa, said the proposed new roof would befive feet above the present roof peak; at the previous council meeting he had a surveyor present with exact measurements; he would lose the view of Burlingame greenery up to Coyote Point. Attorney Luzaich rebutted, noting that the mansard rood llne is the same Iine and angle as the hip roof; the Sianis' hedge is trimmed regularly. Mayor Amstrup closed the public hearing. city Planner confirmed that the eight foot bedroom which Sianis claims is not a bedroom, is by code definition a bedroom. councilman Mangini said council has to weigh the evidence and that he would vote in favor of Sianis; cooper would lose some view, but not much. Councilwoman Barton said the hillside view ordinance was passed to Freserve views, and that part of cooper's view would be 1ost. Councilman Lembi said he lost cooper's point about the block of the mansard roof causing loss of view; the new roof line is lower and more open and would not bfock as much view as the previously planned roof line. Cooper itlustrated the difference with a box with a triangle drawn on j-ts face as opposed to the entire box face. City Planner pointed out that Cooper was probably referring to the plate Iine, on which the roof is built, which has not changed. Councilman Pagliaro reviewed the difficulty of making this decisioni this is a man, wife and one child; they are sacrificing the view of a neighbor to make this large addition; there are construction alternatives which would allow addition vrithout the view obstruction; he is going to vote against it because they did not reduce the size of the view obstruction enough. Councilwoman Barton said Sianis tried to reduce the height, but the ordinance is to protect views; this addition would harm the residents who enjoy a magnificent view; council would set a precedent if it votes in favor. She moved to deny the application. Seconded by Councilman Pagliaro. Councilman Lembi said any addition on the downhill side would affect view; he thought the intent of the ordinance was for neighbors to compromise; Sianis tried to reduce impact of addition; he favored the applicant. councj-lman Mangini said Sianis wants to provide a home for his parentsi cooper's have a 180 degree view, they may lose some part but there is minimal intrusion on the view. 409 APPEAL FOR REMOVAL OF THREE HERITAGE TREES 1530 ALBEMARLE - DENIED Park Director reviewed his memo of August 25 which recommended council- hold public hearing and take action. Michael CoIIom, 1530 Albemarle, is requesting removal of three eucalyptus trees near his back yard which borders E1 camino Real . The Beautification Commission denied the request at its August meeting. Park Department found the trees to be healthy, stable and routinely maintained. The trees are part of a grove of trees protected by the Heritage Tree ordinance and staff recommends denial. If council should approve the request, staff recommends that the applicant bear the cost of removal, stumping and replacement. Mayor Amstrup opened the public hearing. Michael CoIIom, applicant, reviewed tha easement and have not been trimmed; he would have to move the fence two or thr the tree size and roots prevent him pIa property line, or he would have to builnot allowed. He is trying to landscape and oil damage the yard; trees creates e trees are on a cityto replace his fence andeet into his yard becausethe fence on histhe easement which isyard but the tree leavesis in yard; if these rth haseef cingdin the debr trees were removed it would not be noticeable because there are other trees near; he would like his fence to be in line with neighboring fences along EI Camino; some of these trees have fallen and then it is the cityrs responsibility. Showed photographs of trees. Councilman Pagliaro pointed out several ways to build a fence aroundthe trees; he felt very strongly about removal of trees on EI caminoReal. Councilman Mangini asked Co1lom if he were willing to bearthe expense of removal; Collom said he had not considered that yet; Mangini was familiar with debris from these trees because he has several on his property Iine. Councilman Lembi wondered if CoIIom had considered the Beautification Commission's idea of a living fence such as a hedge; he hated to see the trees removed. Council- woman Barton noted that these are Heritage Trees, the only time Caltrans takes one down is if it is sick; she s]tmpathized h,ith collom, but the trees on EI Camino are a focal point of Burlingame. Mayor Amstrup closed the public hearing. Councilwoman Barton moved to uphold the Beautification Commissiondenial. Seconded by Councilman Lembi, carried 4-1 on roII callvote, Councilman Mangini voting no. Mayor Amstrup said he was impressed by arguments of both side; council wants to al1ow for growth but there is a way to make the addition without blocking view; we all would like to add a second story to get a better view but not at the cost of a neighbor; thisplan may be best for Sianis but is not best for the neighbors. He opposed the addition. The motion to deny the request was approved 3-2 on ro11 call vote, Councilmen Lembi and Mangini voting no. City Attorney said he would prepare a resolution of denial for council adoption at the next meeting. There rdas a five minute recess and the meeting reconvened with all council members present. SECOND READfNG - ORDINA},ICE 1396 - REVISING SEWER RATES AND CHARGES Director of Public works reviewed his memo of August 14 which recommended council adopt an ordinance establishing the sewer ratesfor 1989-90 fiscal year beginning srith rrater readings on or afteroctober t, 7989. EPA regulations require that operation and maintenance costs of the city sevrer system be paid from the sewerrates and specifies the method of calculating that rate. Sewerrates are proposed to decrease 11.6 percent for single familyresidential with smaller decreases for other categories. Councilman Pagliaro questioned the contents of Hillsborough's new sewer lateral ordinance. He \"rondered if the ordinance was similarto Burlingame's. Director responded yes, it provided for testing and repair during sale and escrow. Mayor Amstrup opened. the public hearing. There being no corTunents, the hearing was closed. SECOND READING - ORDINANCE L397 - ESTABLISHING ONE HOUR PARKING ON PRIMROSE SOUTHEAST CORNER AT HOWARD Director of Public works reviewed the memo of August 15 which recommended eouncil concur with the Traffic Commission to replace the three 10 hour meters with one hour meters on Primrose Road at the southeast corner of Howard as requested by Apple C1eaners. Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. Councilman Lembi moved adoption of oRDINANCE 1397. Seconded by Councilwoman Barton, carried unanimously on voice vote. REVIEW AMUSEMENT PERMITS SCHEDULE HEARING City Attorney reviewed his memo of August 29 which recommended that council schedule a suspension hearing for Safari Run and continue monitoring other businesses or place them on ordinary review. Three months ago council conducted its annual review of Amusement Permitsi seven establishments were placed on a three month review and sent warning letters to improve their record of police calls for service. The Hyatt Hotel, Marriott Hote1, Mr. Krs and Route 66 appear to have a reasonable volume of calls for their size and do not involve a large number of hazard caIls; they are recolunended to be put back on the annual review pattern. Partner's and Embassy Suites/Bobby Mccee's are not doing as well and are recommended to be reviewed again in three months. Safari Run has been a continuinq problem highlighted by a brawl on the weekend of August 26 which resulted in injuries to patrons and police officers. Staff recomnended council schedule a hearing on the suspension of their amusement permit for a 30 day period. He acknowledged a letter from Richard Mortola, attorney representing Safari Run and suggested the Mayor allow those present an opportunity to speak. Councilman Pagliaro comnented this is not a public hearing; he agreed with the staff reconunendation to schedule a hearing. Mayor Amstrup asked for colunents from any establishment in the first group which is being placed back on the annual review 1ist. Steve Sharpel, manager of Marriott, commented that we needed to work together to correct problems not just move them around. Mayor Amstrup asked for comments from the second group placed on the three month review. There were no comments. 410 Councilman Lembi moved adoption of ORDINANCE 1396. Seconded by Councilwoman Barton, carried unanimously on voice vote. Mayor Amstrup asked for comments from Safari Run. Richard MortoLa, attorney representing Safari Run, said the statistics in the staff report do not indicate a serious problem at this site; he requested council not set a hearing until after Safari Run has had a thirty day period in which to implement a plan to improve the situation. They plan to discontinue advertisements and contests which have attracted many people from outside the area; they will add more security peopLe. He invited council members tovisit the site on weekend nights to observe the situation. He said the event of August 26 was caused by two individuals and is not representative of what is going on at the site. After the 30 day trial- period, council can determine whether to hold a hearing, they want to cooperate $rith the police; Commander Chase had visited the site last weekend and observed no problems; they have already discontinued some advertising and the crowd is nov, smaller. 47L Councilman Mangini favored setting a hearing as reconunended bystaff. Councilwoman Barton agreed, noting that the Police Chief is recommending this and until he says otherwise she would go along. councilman Pagliaro noted the staff report shows nine calIs forpolice service while some other establishments have many more ealls; but eight of those calls were rrhazard calls," He would like a report on just what these hazard ca1ls involved. He agreed with setting a hearing but would like as much information as possible forthat hearing. councilman Mangini moved to schedule a hearing for suspension of the Amusement Permit for Safari Run for the September L8 rneeting and to accept the recommendations of staff regardj.ng the other businesses. Seconded by Counci lwoman Barton. Councilwoman Barton asked the police chief about Bobby Mcceers which had 26 hazard caI1s. Police chief responded that L9 of those calIs were disturbances involving two people or l-ess and five calls werefor drunks. At safari Run, five of the hazard calls were for disturbances involving five or more people and these ca1ls require numerous police officers responding. The motion carried unanimously by voice vote. Councilman Pagliaro agreed with councilwoman Barton that the caIIsto Embassy Suites/Bobby Mcceets were excessive. ANZA BOULEVARD FREEWAY OFFRAMP - RENAIYIING City Manager reviewed his memo of August 24 r,rhich recommended council determine \"rhether to set a public hearing in october regarding the renaming of Anza Boulevard to Burlingame Bayfront. Caltrans has informed city that cost of replacing siqns would be between $10,000 and $15,000 due to the length of that name. Councilman Mangini comnented that he did not like the name Burlinqame Bayfront. Councilwoman Barton thought the name Anza meant nothinq to our city. She expressed her dissatisfaction with the 'rwelcome to Burlingamerr sign between the Peninsula and Anzaexits on the freeway. other council members agreed that the condition of this sign wabefore, they thought some Council agreed to drop thwith repair or replacemen concern and this has been brought up ng was going to be done with it. ssue of renaming the street and proceed f the t'welcomert sign. sathieito Councilman Pagliaro suggested a public contest for content of the sign with the council choosing the winner. Councilwoman Barton asked this be put on a study meeting agenda. LIBRARY BOARD TRUSTEE CAROL MINK Mayor Amstrup acknowledged a Ietter of resignation from Trustee Carol Mink whose husband Chuck r^,as recently appointed to the Planning commission. She is requesting to remain on the Board until December 31 in order to complete projects she is working on. Councilman Mangini noted the Minks are dear friends, but he sees no reason to continue her tenure any longer than until her replacementis appointed. Councilman Lembi saw no problem with letting her stay on until December; she is a valuable member of the Board. Mayor Amstrup noted council has a rule that another member of a family not be on another commission in order to ensure more public participa-tion. He said both commissioners were aware of this rule. He suggested that Carol be allowed to remain as an ex-officio memberafter appointment of her replacement and until her work is completedin order for her to advise the new member. Councilwoman Barton noted Mink would have no voting rights, she had no problem with Minkfinishing her termi she would like her to finish her project as afull member; this would not change the rules and she could not be reappointed because her husband j"s on a commission. Councilman Pagliaro agreed and said he had no problem !.rith allohring Carol Mink an additional three months in office. 4L2 Councilman Pagliaro moved to accept the resignation and to alIow Carol Mink to remain on the Library Board until December 31, 1989. Seconded by Councilwoman Barton. Mayor Amstrup stated that he likes Carol and hates to vote againsther, but that council has rules and this could set a precedent; we have turned down other applicants because a spouse \iras on a commission. The motion carried 3-2 on ro11 call vote, Mayor Amstrup and Councilman Mangini voting no. Councilman Pagliaro observed that the Mayorts vote was based on hisfeeling about the ru1e, not on the commissioner. city Manager said that there will be several commissioner termsexpiring in the next couple months. Council asked that this come to council at the next meeting. CONSENT CALENDAR a RESOLUTION 96-89 ENTION FLAPGATES - AWARDING BfD FOR STORM DRAIN BACKFLOW PREV--cP415c Public wo contractfabricatithe Calif RESOLUTION 97-89 - AWARDING BID FOR RODENT CONTROL RESOLUTION 98-89 - AWARDING BID FOR RODENT CONTROL rk to ng or s memo of August 28 recommended councj-I award Power Engineering in the amount of $18,200 for and assembling seven flapgate devices to be used in nia Drive Drainage Improvement Project. b IN IN SEWERS CREEKS d Public works memo of August 30 recommended that council award contracts to Pied Piper for rodent control in creeks at a costof $11,808.10 and to Dewey Services for control in sewers at a cost of $4,078.82. RESOLUTION 99-89 - ACCEPTING COMPLETION OF PENINSULA AVENUE WATER MAIN PROJECT - CP 613 Public works memo of August 29 recommended council accept as completed the subject project installed by Krzich Pipeline in the amount of $321,l-47.83. RESOLUTION 1OO-89 - AWARDING BID FOR MARSH MITIGATION MEASURES - cP 905 Public Works memo of August 3L recommended council award a contract to cooper Crane and Rigging in the amount of $107,500for returning approximately three acres back to marshland asmitigation for the constructj-on of the Anza Bridge. The low bidder, Belliciti and Pelliccotti, had not included an addendumto the bid and after review asked that their bid be rejected. Cooper is the second low bidder. e. DENIAL OF CLAIMS: (1)JOSEPH MANNING: (2) DAVID HYDE City Attorney's recommended council deny these claims for (1) pedestrian/auto accident and (2) an arrest incident. f. ENCROACHMENT PERMIT FOR FENCE AT 745 PALOMA Public Works memo of August 29 recommended council approve thepermit in accordance with drawing and standard conditions for a three foot, eight inch wood fence at back of sidewalk. g. RESOLUTION 1"0L-89 - VACATING PORTION OF EASEMENT AND ACCEPTING OF NEW EASEMENT EOR DRAINAGE AT 2652 ST'MMIT DRIVEGRANT Public Works memo vacating portion accepting grant oportion of Lot 23 o off A f August 31 recommended council approve an existing ten foot drainage easement and a new ten foot drainage easement over a al 2652 Summit. 4L3 Councilman Mangini moved approval of the consent Calendar. Seconded by councilman Lembi, carried unanimously by voice vote. OLD BUSINESS corffnunity Dinner3 Karen Key, chamber of Commerce, informed councilthat the chamber and Burlingame Fire Department won an award in the "bucket brigade" contest at the recent Victorian Days in San Mateo and informed council that Miss Burlingame won a congeniality awardat the Miss California contest as well as additional scholarships. She also asked for council direction regarding changes in the c'ommunity Dinner to be held october L4 this year. The Chamber is considering not having the childrenrs art contest until the spring when awards could be presented at the schools. The schools have been critical of this event since it is held so early in the schoolyear and the Chanber is not financially able to sponsor all thechildren and parents for dinner at this affair. The Miss Burlingame contest will be dropped since interest is very low among young people for this event, they will have a scholarship contest of somesort instead. She proposed that the community dinner be held in the spring beginning in 1991 and thought it might be tied in with Youthin Government Day. Councilman Lembi said he and Councilman Mangini had met with the Chamber regarding these changes and recommended approval. Councilman Mangini moved to approve the proposed changes for the Comnunity Dinner. Seconded by Councilman Lembi, carried unanimously by voice vote. Smoking in Restaurants: councilman Pagliaro conunented on a report regarding compliance \"rith the Smoking Law. The report said there was compliance when in fact he had experienced non-compliance. He would like a more complete report. Broad\^ray Street Fair: Councilwoman Barton acknowledged the letter from Broadway merchants objecting to the recent street fair; Karen Key suggested that this be referred to the Broadway Merchants Association before council considers it. City Manager also notedthat the Police Department had reported some problems with thestreet fair, a report will be coming to council. NEW BUSINESS Parking: Mayor Amstrup distributed a memo he wrote to council regarding parking on Broadway with some suggestions for improving and changing the parking time limits. This lvas referred to theTraffic, safety and Parking commission for review. Schedule Hearings: Mayor Arnstrup scheduled an appeal hearing for ahillside construction permit for an addition at 2990 Dolores for the September 18 meeting. ACKNOWLEDGMENTS Commission Minutes: Library Board, August 15; Traffic, Safety and Parking, August L0; and Planning, August 28, 1,989. Department Reports: Treasurerrs Report, JuIy 31, 1989. Letter from Senator Kopp regarding redevelopment hearings. Letter from Charles Wilson regarding lack of recycling for apartments. Letter from County Cornmissj.on on Aging requesting to make apresentation to council in the near future. a b c d Councilwoman Barton noted she had no objections as long as the children are recognized some way, she realIy enjoyed having the chitdren present at the dinner but realized the financial c:onstraints. 4L4 f Letter from Thrifty Car Rental regarding Airport proposed tax on off-site car rental agencies. s.Letter from Marriott Hotel thanking Fire Department for various services. FROM THE FLOOR There were no colunents from the floor. ADJOURNMENT The meeting was regularly adjourned at 10:44 p.m. Judith A. MalfattiCity Clerk