HomeMy WebLinkAboutMin - CC - 1989.09.184Ls
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 at 7:33 p.m. by Mayor Irving S. Amstrup.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Jerry coleman, city Attorney.
ROLL CALL
COI'NCILMEMBERS PRESENT :
COUNCITMEMBERS ABSENT:
MINUTES
AIIISTRUP, BARTON, LEMBf, MANGINI , PAGLIARO
NONE
architect representing Si Ching Chan, the property o$rner, is
requesting a hil-Isj.de area construction permit to build a new twostory 5,003 square foot house at the location of an existing 2,783
square foot two story house. The proposed house would be the same
height as the existing house, however the second floor plate line
would be 28 feet wide as compared to the 19 foot width of thepresent house. The proposed roof line would be broken up into threehip-roof modules connected by an area of flat roof instead of asingle ridge line as the existing house. The ne\", plan meets or
exceeds aII zoning requirements. Previously the applicant had
proposed a larger house with a single roof line and this was denied
by the Planning comnission, the applicant then presented the present
plans which had been deemed substantially different by staff and the
Minutes of the Regular Meeting of September 6, 1989 were approved.
APPEAT FOR HILLSIDE CONSTRUCTfON PERMIT AT 2990 DOLORES - DENIED
City Planner reviewed her memo of september 11 vrhich recommended
council hold a public hearing and take action. Ignatius Tsang,
Planning Commission denied this request at its August 28 meeting.
Councilman Mangini asked if they planned to cut into the hillside atthe rear; city Planner responded no.
Mayor tunstrup opened the public hearing.
Ignatius Tsang, architect, stated that, due to cultural differences,
andi
orth
the applicant was not present since he did not want to spea
any neighbor; that no matter what happened tonight, he woullive on the site; this is a family of six people with a liv
maid, the children range from 9 to 18 years of agei they bo
house with assurance that it could be enlarged; the house i
condj-tion and needs to be improved; they need to have offic
k againstd have toe-in
ught thes in poor
e at home
room for the maid; the present design would not obstruct long
nce views; they will excavate the property at the front into keep same height as present building; he showed diagrams ofresent roof line and the proposed roof line with sight lines
from neighboring properties to show increased view because of
modular roofs, this plan leaves 91 percent of the view; he showed
model of the house with neighboring house uphill and showed
photographs of views from the neighboring house; the new roof line
would take less view, in fact a substantial- view is gained from thisp1an, the view is blocked from the Mariposa site's master bedroom
where the existing building is a one story garage; the 2980 Doloressite has no long distance view and he was not able to gain entranceto the site for photographs but by moving the proposed structureforward the neighbor retains 81 percent view of an uphil1 apartmentbuilding; they are doing everything they can to minimize the effectof this new house including putting clerestory windows on the secondfloor wall adjacent to the neighborrs house and they felt they metthe intent of the hillside ordlnance and urged council approval .
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BURLINGAME, CALIFORNIA
September 18, 1989
CALL TO ORDER
4L6
In response to councilman Pagliaro's questions, City Planner andarchitect confirmed that the proposed building would be six feet
closer to the street than the present building; that the footprint
was 33 percent on the new plan as opposed to 27 percent for the
present house; that the present house would be demolished and grade
would be dropped to about street Ievel; that flat roof was
considered but determined it would be more massive horizontally,
more bulky; that the present house has four bedrooms, the new would
have seven, but one bedroom would be used as den.
Councilwoman Barton asked about a "mock-up" on the site that she hadvisited. The architect said it vras a framework installed toillustrate the size of the proposed project and was accurate to the
plans but did not reflect moving the house forward on the lot.
Speaking in opposition vras Charles Heinbockel, 2980 Dolores, wholives to the east of the project and is greatly concerned; he did
not speak at the first hearing because he was not a$rare of the depthof this proposal, but when the applicant bui-It the framework orttmock-up" for neighbors he realized that he would have a stucco wal1
with windows where he now enjoys a view.
Ju1io Ayala, 2999 Frontera, said the size of this house is too big,
only from one side of his house is the view increased, from the
other it j.s reduced; he Iived there for fourteen years and isretired now and wants to enjoy the site and the view.
Irwin Berch, 3057 Mariposa, said his view is not impacted but
Ayala's would be greatly impacted; if council allows this project it
would be a waiver to the hillside ordinance; the applicants wouldgain a view which other neighbors would then be precluded by this
same ordinance from blocking; they have ample room on the first
floor to make additions; he urged council deny.
Mayor tunstrup closed the public hearing.
Councilwoman Barton said she had viewed the site and the
neighborhood and was concerned that this proposal would have serious
effects on views. She moved to uphold the Planning Commissiondenial. Seconded by Councilman Pagliaro.
Councilman Mangini said he had spoken to the neighbors and he did
not think there would be a loss of views; he did think the architect
could use more of the lot and could move the proposed building
forward; donrt think a view of an apartment building would be a loss
and Ayala's view of bay will not be lost.
councilman Lembi wondered about building on first floor leveI;
architect said they had considered a one story house but they would
have to go through one room to get to another; they would have a big
room with no windows. Councilman Lembi wondered if they could do a
redesign, perhaps a split level, and come back within one year.
Mayor Amstrup said he had walked through the neighborhood and agreed
that views would be obstructed, the project infringed on neighbors
rights.
Councilman Pagliaro had also visited the area and felt the project
would have an impact, but the architect had made a strong effort to
reduce the impact; he did not want to shut the door on these people
by denyinq, suggested they do a redesign and come back within one
yeari suggested council deny \,rithout prejudice.
councilwoman Barton said the hillside view ordinance was passed to
preserve views, she complimented the architect on the fine plans and
his presentation.
councilman Lembi observed that he did not feel Ayala's view was
impacted, in fact it would be improved; the design is a clever plan;
but he would support the motion because he was sure they could come
up with another p1an.
The motion to susta.in the Planning Commission's denial was approved
4-1 on ro11 call vote, Councilman Mangini voting no.
417
city Attorney said he woul-d prepare a resolution of denial forcouncil adoption at the next meetj-ng.
There was a five minute recess and the meeting reconvened with aII
council members present.
Mayor Amstrup stated the second item on the agenda, Appeal for
Special Permit Amendment for Airport Parking at 615-73 Airport
Boulevard, was withdrawn.
REVOCATION HEARING FOR AMUSEMENT PERMIT AT SAFARI RI'N ].306 BAYSHORE
City Attorney reviewed his memo of September 13 which recommended
council hold a public hearing and take action. Attached to his memo
was a comprehensive report from the Police Department regarding aII
ca1ls to that site since its opening. council also received aletter opposing the amusement permit from the Executive Spa, an
adjacent business. He noted the Fire Department had complaints that
the business does not post its maximum occupancy, which has been
exceeded, and that the fire exits have been locked on occasion.
City Attorney questioned Sergeant Marriscolo, shift supervisor, who
was on duty during the times these recent incidents occurred,
responded as to the locale and type of business which is disco; theparking 1ot is not well lit; the incidents at safari Run involve
many persons and call for more police officers to respond; there are
unruly crowds and there have been gang members present, gang members
have a different attitude toward police; on tvro occasions he had tocall for mutual aid, which involves calling for help from neighborcities and the Highway Patrol; Safari Run does have good security
men working inside; the Hyatt has complained about noise from thesite; a couple people have been found to be underage at traffic
stops in the area and they said they were at Safari Run; police have
observed fire violations with exit doors locked; it has been muchquieter the last couple lreeks but there was a fight last Saturday
night but when police arrived it was over. City Attorney said the
establishment is attracting an out-of-town crowd; permit revocation
would give it a cooling-off period. councilman Mangini wondered
what kind of entertainment and contests they have there.
Mayor Amstrup opened the public hearing.
Richard Mortol-a, 630 North San Mateo Drive, San Mateo, attorney
representing Safari Run, reviewed the background and history of thissite; he objected to council not reviewing other establishments who
have had even more police calls; statistics for Bobby Mcceers show
they have had 26 hazard calls as opposed to safari Run's 8 hazardcalls; police should have attached reports from other establishmentsalso; most fights are over by the time police get there; feel Safari
Run is not being treated fairly, would oppose in courti they just
want to cooperatei can't close down a business just on hearsay andinterpretation, no facts; he reviesred three incidents in August,particularly the incident of August 27 which occurred when a patron
was injured and the owner closed the establishment, early resultingin 190 people being forced into the parking lot at one time; a
couple of agitators should have been arrested irnmediately; Iot of
famous sports personalities frequent Safari Run, they would not go
to an establishment that is dangerous; vast majority of these
incidents take place in the parking lot which is used by Partnerrs,
the Hyatt Theater and other businesses, not just Safari Run; he
noted none of the police reports indicate mutual aid was caIIed;
incidents occur in parking lot and police assume it is Safari Run;
he objected to newspaper accounts of the incidents and noted there
have been no police problems in the past coupLe weeks; he was
vigorously opposed to suspending the Amusement Permit.
Councilman Mangini asked him what kind of contests they have;
Mortola responded dance contests; he noted they have stoppedadvertising and crowds have been reduced.
councilman Lembi wondered what steps they could take to reduce theproblems, Mortola indicated that they have increased personnel,
including people in the parking ]ot.
418
Ed Austin, owner of Safari Run, said he had lived in the area for
many yearsi everything happens in the parking Iot; he objected to
newspaper accounts sensationaliz ing incidentsi he feels this ispersonal; last four weeks there have been no incidents; crowd is
reduced to half size; stopped advertising on radio; has been
monitoring police radios for ca11s to his establishment; his
landlord has been complaining; he agreed that the fire exit should
not have been locked; he said the police should have immediately
arrested the person who was agitating the crovrd on August 27; he
noted he had several employees present who would speak in favor of
the establishment; he said security people do go into parking lot at
closing time to escort cars out of Iot, the lot is poorly planned;
he said his business is reduced and suspension of his permit would
be overkill, like beating a dead horse.
Mayor Amstrup asked how many security people he had; Austin repliedsix, and there is never any trouble inside the club. Councilman
Mangini wondered rrhat attracts people to this club instead of
another.
councilman Pagliaro asked if Austin rented the site and if he had
ever had conversation $rith the property owner about lighting theperimeter of the building; Austin said he only got threats from the
owneri he reviewed rent and payment of share of utilities costs.
Councilman Lembi asked what Austin had done to alleviate problem;
Austin said he had stopped advertising, he has six security people
and he also stated he is under no financial constraints.
councilwoman Barton noted no incidents during past couple weeks but
wondered what would happen if he started advertising and the same
crowds came back. Austin said he believed that the incident which
resulted in police injuries was caused by the police allowing the
crowd to stay on too Long; he said injuries were minor and thought
the police that were present were not qualified.
Dan Haven, I(MEL radio, said his station has personnel present nearl-y
every week of the year at this site; they have never experienced any
problems and the reports seem exaggerated; he said the patrons ofthis business are upscale, he had never seen evidence of gang
members.
Eour employees, dj-sc jockey, security man, waitress and bartender,aII spoke in favor; Iots of people park in lot and go to othersites; had never seen any bad situations; good club; people come
there to dance; had never experienced any problems.
City Attorney stated any revocation of an Amusement Permit does not
take away the liquor license and would not close them down; though
most problems are not happening inside, they do result from this
business and the people who were primarily involved were both
underage .
Austin said he did not know how they
business was recently closed down infalse identification. He also said htestify on his behalf if necessary.
in but noted that a
Mateo which manufactured
ad an FBI friend who would
got
San
eh
Security manager of Safari Run said the incident last Saturday night
did not occur at safari Run but happened at Partnerts when someone
from Partner's came over to ask for help.
Mayor Amstrup closed the public hearing.
Councilman Pagliaro said though things have improved he wondered
what Safari Run could do to keep it from returning to what it was;
Mortola said they cut back advertising and now have a smaller crowd;
they would have security people patrol parking 1ots, have two in
parking 1ot, this has already been done; he felt Safari Run was
being singled out from other clubs; he wants the same standard
applied to all ctubs. Pagliaro said they were not being singled
out, he asked if the fire exits would remain unlocked and that there
would be no underage people al-lowed inside; Mortola said yes.
479
Mayor Amstrup was annoyed that this establishment is negative towardpolice, our police are the best around; city had nothing to do withwhat the newspapers report. Mortola apologized, they did not meanto criticize the police, but they thought the incident on August 27could have been handled differently.
Councilman Lembi said he took very seriously the nature of thecomplaints against Safari Run and also the issue of curtailing apersont s business; he supported a 30 day review period, he hated torevoke the permit, j.f there were bad reports, he would not hesitateto revoke next time.
Councilwoman Barton agreed that she hated to revoke a permit but didnot agree with 30 day period, she suggested accepting the second
recommendation of the police chief to revoke the permit and suspendthe imposition to give the owners a chance to address the problem.If problems continue the City Manager could revoke the permitirunediately. She moved to suspend the permit. City Attorney saidthe establishment $rould essentially be "on probation."
Council-man Lembi said he could support the motion but wanted somekind of time tabIe. Councilman Pagliaro had problem with puttingthis onto the City Manager, he discussed noticing period needed forcouncil action. Mayor Amstrup and Councilman Mangini aqreed.
Councilwoman Barton withdrew her moti-on.
Councilman Pagliaro moved to suspend the Amusement Permit and
suspend imposition of the suspension and in addition to place Safari
Run on a 30 day review for the next six months. Every 30 days thecouncil would receive a report from the Police Department. Secondedby Councilman Lembi, carried unanimously 5-0 on roll caII vote.
EXPIRATION OF COMMI SSIONER TERMS
Mayor Amstrup noted that since several commissioners are al-sorunning for election to counciL this matter be put off until afterthe election. Council concurred. Staff should advertise openingswith deadline for applications being November 3.
ENDORSEMENT OF COUNTY MEASURE B
City Manager revie$red his memo of September 7 which recornmendedcouncil consider this request to endorse Measure B to increase thecann limit for a four year period for the county.
Mayor Amstrup noted the county stands to lose $5 million each yearto the State if it does not raise its Iimit. Councilman Manginifavored this and moved to endorse Measure B.
Councilwoman Barton stated that it has always been council policynot to take a stand on a non-city issues in an election.
Councilman Pagliaro seconded the motion to endorse Measure B.
Motion carried 4-1 on ro11 call vote, Councilr^roman Barton voting no.
APPOINTMENT OF VOTING DELEGATE TO TEAGUE OF CALIFORNIA CITIES CONF.
League of California Cities memo of August 1 recommended councilappoint a member to be voting delegate, and also appoint analternate. Mayor Amstrup noted he would be at the conference.
Councilman Lembi moved to appoint the Mayor as voting delegate.
Seconded by Councilman Manginj-, carried unanimously.
Mayor Amstrup appointed the City Manager as voting alternate.
APPROVE CHANGE ORDER FOR AIRPORT BOUTEVARD CONTAINMENT BARRI ER -cP 328
Dj.rector of Public Works reviewed his memo of September 14 which
recommended council authorize staff to complete negotiations wj.th
Ferma Corporation for increasing the constructj.on contract price offill placement for the Airport Boulevard rehabilitation project from
420
$1,393,000 to approximately $2,335,000. The new proposal calls for
sheet piling which is less expensive and stronger than pin piling.
Councilman Pagliaro questioned the figures in report indicating some
costs are to be negotiated, particularly the reduction of fees to
the consultant, Harding Lawson. Director indicated that the
reduction of $150,000 from Harding Lawson was pretty firm; other
fees are estimates and are legitimate increases for the extra work
involved. Final figures should be available within a month.
Council-man Mangini moved to authorize staff to complete negotiations
for a change order. Seconded by Councilman Lembi, carried
unanimously by voice vote.
CONSENT CALENDAR
City Attorney noted
Mariposa project wi
Mayor Amstrup saidof properties on Ed
t
11
he
ge
hat the vote on item b denying the 2800reflect the 3-2 vote of the past meeting.
had heard several new ideas for the rezoning
hi l1l Californi a .
a RESOLUTION 102-89
REPAIR - CP 825 B
AI,,ARDING BID FOR SIDEWALK,CURB AND GUTTER
b. RESOLUTION 103-89 - DENYING HILLSfDE AREA CONSTRUCTION PERMIT
28OO MAR]POSA DRIVE
City Attorney's memo of September 13 recommended that council
adopt this resolution to formalize the denial of the hillside
permit at the September 6 meeting; vote will reflect the 3-2
vote split at last meeting.
OUT OF STATE TRAVEL FOR THREE FIRE FIGHTERS
Fire Chief's memo of September 24 recommended council authorize
the chief Mechanic and his two assistants to attend the
Waterous Pump School in St. PauI, Minnesota during the week of
November 13, 1989.
d. SCHEDULE HEARING FOR GENERAL PLAN AMENDMENT AND fNTRODUCE
ORDINANCE 139 8 REZONING 15 PARCELS ON EDGEHILL/CALIFORN]A
city Planner's memo of September 14 recommended council set a
public hearing for october 2 and introduce an ordinance to
rezone certain parcels.
e. WARRANTS AND PAYROLL
Finance Director recommended warrants 5389 - 5756 for the month
of August 1989, duly audited, in the amount of $826,524.2! ar;.d
Payroll checks t7 229 - 18435 for the month of August 1989 in
the amount of $1,130,060.70.
councilman Lembi moved approval of the Consent calendar. Seconded
by councilman Mangini, carried unanimously by voice vote.
OLD BUSINESS
Thrifty Car Rental letter: Councilwoman Barton suggested council
adopt the attached resolution opposing San Francisco Airport
proposed tax on off-site car rental agencies. Mayor Amstrup
wondered where this would stop, they will tax anything that goes to
airport. Councilman Pagliaro suggested that every city in the
county has businesses serving the airport, perhaps we should
retaliate and, for example, tax the airport each time Sky chef takes
f ood to a pl-ane.
Pub1ic Works memo of September 12 recommended council award
contract to whiteside Construction of San Rafael in the amountof $20!,282.50 for sidewalk repairs in the area bounded by oak
Grove, Edgehi11, EI camino and California Drive.
421
councilman Mangini moved to adopt RESoLUTIoN 104-89 opposing San
Francisco Airport's Proposed Tax on off Airport Car Rental Business.
Seconded by Councilwoman Barton, carried unanimously.
EPA Regulations regarding dumps: Mayor Amstrup reported on recent
Council of Mayors and newspaper accounts of new EPA regulations.
Council asked that staff get more information.
CalTrain: Mayor Amstrup reported that calTrain expects to be
supported by the State until 1992 and that if the proposed downtown
baseball stadium plan proceeds it would benefit the CalTrain
extension downtown.
NEW BUSINESS
Agenda Format: Mayor Amstrup suggested that the agenda contain a
section for council committee reports. Council concurred.
Schedule Hearing: Mayor Amstrup scheduled a public hearinq for
appeal for an addition at 1356 Vancouver.
Councilman Pagliaro asked that city Attorney \"rrite the District
Attorney about the misdemeanor charges filed following a beating at
Burger King. Council felt the Police Department recolunendation of
felony should be reviewed given the serious nature of the injuries.a
a
b
d
ACKNOWLEDGMENTS
commission Minutesr Civil Service, July L1; Beautification,
September 7; and Planning, September 11, 1989.
Department Reports: Treasurerts Report, August 31, 1989.
Letter from city of Pacifica regarding its non-acceptance of
funding plan for the County Hazardous waste Pl-an.
Proclamations: Ride Share Weeki Lief Erickson Day.
FROM THE FLOOR
Vasilios Sianis, 2800 Mariposa, said he had a serious problem with
the hillside ordinance; that it is turning neighbor against
neighbor; to benefit the town the city must do something; with this
ordinance one party gets 100 percent and the other gets nothing.
Councilwoman Barton said he had a point and maybe council should sit
down and clarify wording to clean up the language of this ordinance.
ADJOURNMENT IN MEMORY OF BURRESS KARMET
Mayor Amstrup asked for a moment of silence and then adjourned the
meeting at 10:30 p.m. in memory of our former City Attorney Burress
Karmel who passed avray recently.
].Judith A. MaIf
City Clerk