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Home My WebLink AboutMin - CC - 1988.03.21181 BURLINGAME, CALIFORNIA March 21, 1988 A duly noticed regular meeting of the Burlingame City Council was held on the above date in the city Ha11 Council Chambers. The meeting was called to order at 7:40 p.m. by Mayor Frank J.Pagliaro, Jr. PLEDGE OF ALLEGIANCE TO THE FLAG Led by David Young, a student in the audience. ROLL CAtL COT,NCILMEMBERS PRESENT: AIIISTRUP, BARTON, MAI'.IGINI , PAGLIARO COUNCILMEMBERS ABSENT: LEMBI (i11) MfNUTES Minutes of the Regular Meeting of March 7, 1988 were approved. PRESENTATION OF PROCTAMAT]ONS Mayor Pagliaro then noted the presence of the Burlingame High School womenrs Basketball Team which recently won the State Championship. He expressed the city's great pride in these young women and ca1led forward their coach Steve Picchi along with theentire team. Mayor Pagliaro read the proclamation aloud and presented each team member t ith a key ring with the City seal. RESOLUTION 25-88 - DETERMINING THAT THE PUBTIC ]NTEREST AND NECESSITY REQUIRE ACgUISITION OF CERTAIN LAND AND DIRECTING THE FILfNG OF EMINENT DOMAIN PROCEEDfNGS - LANDS OF IDEAL CEMENT City Attorney reviewed his memo of March 1.6 in which he recommended council hold a public hearing and adopt the Resolution of Necessity. Representing the city in this matter is attorney Michael Nave . Michael Nave noted that the property owner has been given noticeof this hearing and has not responded; this procedure is for acquisition of 5.7 acres under water next to Airport Boulevard which property is needed to provide a containment barrier for thecity dump, and to provide a shellfish habitat as requj.red by State agencies. He requested the Public works Director review the need for the project. Public works Director explained the need for the city to provide a containment barrier for the city dump, and to provide public access. This portion of the road was under water during storms and there is a need to increase the slope to 4-1 to mitigate theflooding, as weLl as providing broad protection to the bay from water pollution, and safe public access. Nave requested that council adopt the resoLution and noted it needed a unanimous vote. Councilman Mangini moved adoption of RESoLUTIoN 25-88 by titl-e. Seconded by Councilman Amstrup, carried unanimously 4-0 by voicevote of member s present. PUBLIC HEARING - RESOLUTION 26-88 - VARfANCE FOR CAMPER TOP fN FRONT SETBACK AT 720 BURLINGAME AVENUE CALL TO ORDER Mayor Pagliaro recognized Mary Alice Bingam, representative of the Child Abuse Awareness comnittee, and presented her with a proclamation declaring the week of April 4-10 as child Abuse Awareness week in Burlingame. 182 City Planner revier^,ed her memo of Marc recommended council hold public hearin Boubares are requesting a variance intheir camper top in the front setback Burlingame Avenue. Based on a recentvehicles including camper tops may not be parked between thestructure and front or side property 1ines. The camper top ispresently placed 3.5 feet behind the front property line at theside property line on a driveway apron. It does not block thegarage. The garage door has a height of a litt1e over 6 feet andthe camper top has a height of over 7 and one half feet. Thereis seven feet betrreen the camper top and the face of the garageleaving room to access the side yard. The Planning Commissionvoted twice on this item with five members seated. It takes amajority of the total conunission, or four votes to pass a motion. The first motion was for denial and was defeated on 2-3 votei the second motion $ras to grant the variance with conditions and wasalso defeated on 3-2 vote (4 affirmative votes required). City Planner also noted a letter received in opposition to thevariance from Mr. Durr at 851 Burlingame Avenue. She noted thatit was suggested that this variance run with the land for aperiod of five years. Mayor Pagliaro opened the public hearing. Mr. Boubare presented several letters in favor from neighbors andrequested approval. He responded to council questj-ons as to theuse of the camper and the possibility of other storage places. Mayor Pagliaro closed the public hearing. Councilwoman Barton viewed the property and noted that somepeople park these campers in their driveway and then can't usetheir garage; since neighbors approve of the variance, she had noproblem with approval. Councilman Amstrup noted that the camper is hard to see but hewould like a shorter time period for the variance. perhaps t!,royears rather than five years. Other council members agreed with the shorter time period and noted perhaps Mr. Boubare could find another storage place inthat time. PUBL]C HEARING - RESOLUTION 27-88 - SPECIAL PERMIT FOR MIXED RESIDENTIAL/COIO,IERCfAL USE AT 852 EDGEHILL DRIVE City Planner reviewed her memo of March 15 in which she recornmended council hold public hearing and take action. Theapplicant, represented by Stan Panko architect, is requesting aspecial permit in order to build two residential units and 2,500 square feet of commercial space in a single structure on a l-otwith double frontage on Edgehill Drive and Cal,ifornia Drive. The two residential units are buiLt to all standards required of R-2 zones; the commercial space is located above four requiredparking spaces rrith access off California Drive. The comnercial area was designed with a parking ratio for heavy commercial use; handicap requirements are met. The Planning Corunission voted to approve this special permit with staff's conditions, however they reduced the co[unercial footage to 1,600 square feet so that there !.rouId be more uses which couLd occupy the space and still matchthe parking requirements; these other uses would be more compatible with the residential units in the same location. h 11 i.n which sheg and take action. Theorder to continue to parkof their home at 720 code amendment inoperative Marion Church, 804 Burlingame Avenue, spoke in favor of thevariance, noting the Boubares are fine neighbors and that you canhardly see the camper. Councilrnan Mangini moved approval of the variance with staff recommended condition number one and that the variance shallexpire in two years. Seconded by Councilwoman Barton, carried unanimously 4-0 by voice vote. Mayor Pagliaro inquired about the fire waI1 needs for thisproperty, Panko responded there would be as reguired by the city one hour walls between residential and commercial uses and also bet\"reen the garage uses and the adjacent f loors / structure . Council noted the Planning Commission had done a fine job withthis proj ect. Councilman Amstrup moved to uphold the approval with conditions. Seconded bycarried unanimously 4-0 by voice vote. Planning Commission's Counci lr"roman Barton , REQUEST TO SUPPORT MOD]FICATION OF GA}IN INITIATIVE city Manager revj.ewed his memo of February 26 to which he attached the county Managerrs request to support the modificationof the cann Limitation, and a copy of the 1979 cann SpendingLimitation Initiative. He noted that each year the city adopts an appropriation limit based on the 1979 initiative, our budgetis limited to a formula based on our 7978-79 budget plus adjustments. In L985-87 our city was within 2 percent of ourlimit due to our capital improvements for the Anza freewayconnection. The formula does not compensate for any growth 1n commercj.al development. Councilman Mangini favored support. Council discussed with staffits confusion on this initlative and wondered how the public could possibly understand j.t; council noted its prevj-ous decisionto take no position as a group on State election issues. Council determined to drop the matter with no action. MOTION TO INCREASE PARKING CITATION BAIL city Manager reviewed his memo of March 15 in which he requestedcouncil adopt an increase in parking citation bail amountseffective April 12, 1988 as a result of County implementation of SB 349 and Penal Code Section 1463. SB 349 aIlows a total surcharge of $3 per citation for the county, in addition Penal Code 1463 allocates citation revenue between the courts and thecity. The county would receive 38 percent of all citationrevenues. The basic meter or time limit violation would increase from $7 to $11, repeat violatj-ons from $15 to $20 and a numbe r of other violations would be increased to maintain proper relationships between violations. Councilman Amstrup moved adoption of the new bail schedule. Seconded by Councilman Mangini, carried unanimously by voice vote . Councilman Amstrup inguired about the fine for people who rub offchalk marks on their tires; Police Chief believed it to be $15. Councilwoman Barton inquired if Chamber of commerce would meetwith employers on Burlingame Avenue, particularly Crosby Corunons, about abuse of short term parking lots by employees and suggestedthat Bon Appetite be invited to this meeting. CONSENT CALENDAR a RESOLUTION PATCHING - 28-88 - ACCEPTING COMPLETION OE' 1987-88 STREET JOB 710 b City Engineerts memo of March 15 recommended council approvea resoLution accepting this street patching work by G.Bortolotto in the amount of $188,060.15. TENTATIVE AND FINAL PARCEL MAP, RESUBDIVISION OF 1500, 1610, 1626 AND 1640 ROLLINS ROAD 183 Mayor Pagliaro opened the public hearing. Stan Panko, architect representing applicants, noted that the applicants are agreeable to the Planning Commission conditions. 184 City Engineerrs memo of March 15 recommended council concurwith the Planning Commission and approve the map to allow combination of the abandoned 20 foot wide SP right-of-vraywith these four lots. This will leave an undevelopable remnant, Lot 54. c MID YEAR BUDGET REVISIONS City Manager's memo of March 15 recommended council approvethe outlined budget revisions for 87-88 fiscal year. Therevisions are for AFSCME salary settlement which was approved in October after budget adoption, litigation expenses, fire department overtime from constant manning, and computer and audit expenses which were underbudgeted. d. WARRANTS AND PAYROTL Finance Director recommended approval of Warrants 38640 39107, duly audited, in the amount of $1,3'12,603.15 andPayroll Checks 81815 - 82515 for the month of February 1988in the amount of $695,637.18. ft was unanimously moved and seconded to approve the Consent calendar. TRANSPORTATION SALES TAX Councilman Amstrup commented on the sales tax committee to raise funds to pass this measure; Mayor Pagliaro noted this measure would be the keystone to future transportation in the county. There was discussion of the proposed buy in to BART. ABAG Councilman Amstrup noted that he would be attending an ABAG meeting and ABAG is asking for a raise in membership fees. Council- authorized him to vote for the 4 percent raise in fees and also to approve the Board allowing corporate memberships. HOME OCCUPATION BUSINESS EXCLUSION OF ATTORNEYS Mayor Pagliaro noted a letter received from Attorney Dona1d Asplund, 433 occidental, requesting that council reconsider the exclusion of attorneys from home occupation licenses. Council- was agreeable to revierring this at a future study meeting. CANCELLATION OF STUDY MEETING Mayor and n propo the c proj e Pa ote sa1itv gliaro canceled the study Meeting scheduled for March 23d that council would review the parking structureat the regular council meeting of April 18, 1988, when Planner could present a Negative Declaration for the and the public could comment on the project. a Another matter on the Study Meeting agenda was parking meters and council- agreed to acknowledge receipt of this information. Commission Minutes: Beautification, March 3, Civil Service, FEbruary 9; Traffic, Safety and Parking, February 11; Planning, March 14, 1988. Police Report, February 1988. tetter from Senator Kopp thanking Police chief for letter in support of ban on toy guns. Treasurer's Report, February 29, 1988. Proclamations; Honoring Audrey Anderson (for removal of last billboard in city); and 75th Anniversary of McKinley School. b c d ACKNOWLEDGMENTS 185 Memo from Traffic Commission regarding parking abuses around Burlingame Avenue. Letters from condo representative of 1233 Bellevue and from Alan Horn regarding the parking structure proposed for Lot A. Letter from Mayor Pagliaro in opposition to AB 4521requiring earmarking of any new or j-ncreased transient occupancy taxes. i. Letter from SF Airport Travelers Aj-d requesting funds. SCHEDULE REVI EW HEARINGS Mayor Pagliaro calIed up for council review the Planning Commission action regarding (1) a parking variance for 2108 Easton Drive and (2) a special permit for 1136 cortez. Hearings were scheduled for the April 18 meeting as Mayor Pagliaro would be absent on April 4. FROM THE FLOOR Alan Horn, 1325 Paloma, presented material on the posting ofirradiated foods in the city, he noted several cities have passed ordinances and also presented a proposed ordinance. Bud Harrison, 376 Lexington, expressed interest, because of his connection with the High School as student advisor, inparticipating in the meeting regarding a young adult club. Councilman Amstrup congratulated Janet Parker Beck, Times Reporter, for an award she recently won. Mayor Pagliaro adjourned the meeting at 8:54 p.m Ju dith A. Malfatti h city clerk f s. SOTH ANNIVERSARY CELEBRATION Councilman Mangini inquired about plans for an 80th Anniversary Celebration for the city. Mayor Pagliaro noted that a corunitteeto plan this event has not yet been formed and mentioned a letter received from Broadvray merchants requesting that dedication ofthe Broadway Arch be included in the 80th anniversarycelebration. Council approved of this idea. YOUNG ADULT CLUB Mayox Pagliaro noted he had received a letter from Karen Key,Director of the Chamber of cornmerce, regarding the possibility of a dance club for younq adults at Partnerrs on Airport Boulevard. He noted there are a couple very successful such clubs in the bay area but none near Burlingame. Councilman funstrup mentioned that there is a very successful club in Davis and he would get more information on that club. There will be a meeting at the Chamberof Commerce to discuss this proposal on March 25. ADJOURNMENT