HomeMy WebLinkAboutMin - CC - 1987.03.0217
CALL TO ORDER
A duly
on the
ca11ed
noticed regular meeting of the Burlingane City Council was
aboye date in the City Ha11 Council Chambers. The meeting
to order at 7:31 p.m. by Mayor Gloria H. Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Chief of Police, Fred Palmer.
ROLL CALL
BURLINGAME, CALIFORNIA
March 2, 1987
AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO
NONE
held
was
COUNCILMEMBERS
COUNCILMEMBERS
MINUTES
PRESENT:
ABSENT:
Minutes of the Regular Meeting of February 17, L987 were approved with
an additlon noting that Councilnan Pagliaro was absent due to being
out of state on business.
PARKING VARIANCE FOR 1209 HOWARD RETURN TO PLANNING COMMISSION
Mayor BarEon noted that councll had received a request from the
applicant to continue their parking variance hearing because they have
revised pIans. City Attorney s tated the proper procedure is to return
the parking variance applicati-on to the Planning Commission and noted
the Dew action would be subject to council review. Councilman Amstrup
noved to ret.urn Lhis application Eo the Planning Connission. Seconded
by Councilrnan Mangini, carried unanimously 5-0 on ro11 call vote.
PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR ROOF TOP DISH ANTENNA AT
1440 CHAPIN ROAD - DENIED WITHOUT PREJUDICE
City Planner reviewed her memo of February 20 in which she recommended
council hold public hearing and take action. Peter Pfau, architect,
representing Patson Developnent the property owner, is requesting aspeclal pernit so that a six foot dlameter satellite dish antenna can
be mounted on the roof at 1440 Chapin, The proposed antenna will
stand a maximun of eight feet from the roof surface and will be usedto send and receive signals fron a satellite on Ehe horizon to thesouth; it will serve a single tenant in the building. The antennawill not be visible from the residential area at the rear, a smal1portion will be visible from certain angles fron the street. The
Planning Commission approved this request by a 4-2 vote at its
February 9 meeting.
Councilnan pagliaro inquired if this project was $ithin height limits.City Planner replied yes.
Mayor Barton opened the public hearing.
Councilman Pagliaro inquired if a lease has been signed by the tenant
who needs this antenna. Pfau repli.ed no. Councilman Pagliaro saw nojusti-fication for allowing a special permit for a possi-bIe tefiant;
this is putting the horse before the cart.
Pfau said this proposed tenant is a nationwide firm which comrnunicatesvith it.s other of f i-ces via satellite.
Dave Hanson also spoke in favor of the special permit.
Mayor Barton closed the publi.c hearing.
Peter Pfau, appl-1cant, reviewed they had carefully chosen the site for
the antenna so that it would not be visible to the residential area in
the rear of the building; about one foot nay be seen from certain
areas to the front of the building.
18
Councilman Amstrup noted he had ca1Ied this permit up for review
because he feels it is strange to a11ow dish antenna on roof when ve
have law against' this in residentiaL area. Although the building is
technically not in residential area, there are residences at the rear
and it can be seen. Councilman Pagliaro said it would also be visiblefron E1 Camino; he knons the building is built to code, but it is verylarge and bulky. Mayor BarLon said city has rules for neighborhoods,this backs up on a residential area and can be seen; she agreed with
Councilmen Pagliaro and Amstrup.
Councilman Lembi thought the antenna uould have a mininal effect on
the area; he had no problem with approval.
Councilman Amstrup moved to deny the permit. Seconded by Councilman
PagJ. iaro .
Councilnan Mangini asked ifthat the applicant can come
could be denied without prejudice so
if and when he has a signed lease.
t.his
back
Councilnan Amstrup amended hls motion to denythe approval of seconder Councilman Pagliaro.
w j. thout prejudice, wi th
The motion carried 4-1 on ro11 call vot.e, Councilnan Lembj-voting no.
ADDITION ATPUBLIC HEARING - CONTINUED APPEAL OF TWO VARIANCES
132 CHANNING ROAD - DENIED WITHOUT PREJUDICE
FOR AN
City Planner reviewed her meno of February 61n r,rhich she recommended
council hold public hearing and take acEion. The applicants, Jeffrey
and Clyde McFadden, are requesting two variances, one for a three
feet, eight i.nch side yard (five feet required) and one for off street
parking (one space provided, tuo required) in order to build a second
story addition to a single family house at 132 Channing Road. The
second floor is being placed over the first floor in order to match
load bearing wal1s. The Planning Comnission moved 3-2-1 to grant this
request, but Plannj.ng rules require a majority vote of 4, so the
motion failed and the reques! was denied.
Mayor Barton opened the public hearing.
Jeffrey McFadden reviewed that this is an unusual shaped loti it tras
purchased by himself and parents, parents wilL live there; plan on
building over the side wa11s of dovnstairs part; shared photos of
other houses in area which had additions built on then; building at
grade would cost more; moving garage into back of 1ot would cost too
much; noted one of Plaaning Comnissioners had voted against because
project would be a five bedroom house, McFadden said it would be a
four bedroom, not flve; he can store Luo cars on the 10t.
Councilman Mangini asked if McFadden 1s a real estaEe developerl
McFadden said he owns a duplex and a fourplex in Burlingame but is
employed in the computer business. Mangini quesEioned that McFadden
would be unaware of building laws; couldnrt believe that it would cost
more to build at grade when McFadden will have to have an engineer's
report to add second story.
In response to Councilman Pagliaro as to why his parents need four
bedrooms, McFadden said his grandmother visits with parents for weeks
at a time, and he nay stay with thern occasionalLyl they also have a
home office.
Councilman Lembi wondered in uhat conjunction McFadden's second story
would be to the neighbor's second story; would it block neighborrs
uindows; hov close vill these two building be to each other.
McFaddenrs contractor responded that one or two windovs may be
blocked, the houses will be about seven feet apart. Fire Chief
responded there is a requirenent that building be at least three feet
from property 1ine. McFadden noted the neighbor is aware of this
project and di-d not comnent. Mayor Barton also was very concerned
about the neighbor's windows being blocked and would like to see plan
of these two buildings in relationship to each other.
Mayor Barton closed the public hearing.
19
Councj-lman Mangini questioned locatlon and requirements for roof
overhangs. Councilman Pagli-aro asked about the size of garage, City
Planner said it is only large enough for one car. Councilrnan Pagliaro
found the parking was deficient for a four bedroom house, if parking
were increased he might be favorable.
Mayor Barton
favored s ome
said granting this variance would make parking
revision of the plans to provi-de more parking.
worse, she
Councilman
Councilmanvoting no.
Pagl iaro
Amstr up ,
rooved to deny without prejudice. Seconded by
carried 4-1 on ro11 call vote, Councilman Lembi
- REGULATING NUMBER
COMMERCIAL AREA S
PUBLIC HEARING - SECOND READING - ORDINANCE 1339
OF RESTAURANTS IN BROADWAY AND BURLINGAME AVENUE
City Planner reviewed her memo of February 2O in which she reconmended
council hold public hearing and take action. In response to parking
problems and the need for contiguous retail frontage, nearly two years
ago councll adopted a zoning provision limiting restaurants in the
Burlingame Avenue and Broadway comnercial areas to the number then in
existence. The ordinance had a sunset clause for expiration April 16,
7987. 0n February 2 council directed staff to prepare legislation to
extend the l j.mitation for another two years.
Staff created a waiting list for those interested in openj-ng
restaurants, but no one asked to be placed on that list. There is a
deli.catessan on Broadway which has expressed interest in having
seating.
A representative of Sahara DeIi-, L2l2 Broadway, reviewed hls clj-entrs
need for four stools to serve the needs of his customers. He noted it
would be very sma1l and not really a restaurant. Ed Makasarian, 1049
E1 Camj-no, spoke in favor of the Sahara De1i. Brian Wu, representing
Muffiers on Primrose, noted their need for seating so that customers
can sit down for a muffin and cup of coffee, Lhey would only want a
couple seats.
Mayor Barton closed the public hearing.
Council noted the difficulty in the definition of a rest.aurant.
Councilman
that it is
problems.
Councilman
REQUEST
FEDERAL
Lembi said this could be consj-dered restrictj-ve zoning, butserving a useful purpose in relieving traffic and parking
He moved for adoption of ORDINANCE 1339. Seconded byPagliaro, carried unanimously on roll call vote.
STATE AMEND THE SAN FRANCISCO BAY BASIN PLAN TO COMPLY IIITH
CLEAN WATER LEGISLATION
Director of Public Works reviewed his memo of February 24 in which he
recommended council request the State Water Quality Control Board to
arnend the San Francisco Bay Basin Plan to bring it into conformancewith the requirement.s and tinetabfe of the recenLly adopted Federal
C1ean Water legislation. Staff will need to furnish data on thepoints of discharge of storm water into the bay, their drainage area,available flow and water quality, and aoy existing programs to controlurban run off. He read part of a letter from Senator Pete Wilsonwhich notes that rrwe can look forward to at least another five years
of sewer grants, relief from permitting requirements for stormwaterdrains, and numerous special projects that are targeted forCalifornia.rr
Councilman Mangini moved to request
Basin Plan as reconmended by staff.
carri-ed unanimously on voice vote.
State amend Ehe San Francisco Bay
Seconded by Councilman Amstrup,
Councilroan Lenbi noted this project is similar Lo others which have
been granted recently; there is always a concern about parki.ng but
size of lots in Burlingame do not allow for more parking; he found the
project was in characEer with the neighborhood, it is stepped back
from street and has room for tuo cars o[ the 1ot; he favored approval.
Mayor Barton opened the public hearing.
City Manager reviewed his meno of February 24 in uhich he askedcouncil direction regarding Planning Conmissioner Chuck Schnaln's
first term expiration. After sone discussion, council asked that
openi.ng be advertised until the end of the month and that Schwaln
asked to reapply.
the
be
PORTION OF
COMMERCE
RESOLUTION
BURLINGAME
20-87 _ AUTHORIZING LEASE AGREEMENT FOR SOUTHERN
AVENUE TRAIN STATION AND SUB LEASE TO CHAMBER OF
City Managerrs memo of February 24 requesLed counclL approve the lease
agreement with the State for a portion of the train station for use by
Ehe Chamber of Commerce.
John Hughes, Presldent of the Chanber of Commerce, told council that
the chamber must get out of j-ts current lease which expires in october
1988. He stated they would like to have 90 days in which to cancel
their current lease and move.
Councllman Mangini moved to adopt RES0LUTION 20-87 approving lease
with the condition that the Chamber of Commerce would be responsible
for rent after 90 days. Seconded by Councilman Pagliaro, carried
unanimously by v oi- ce vote.
] LOVE BURLINGAME DAY
City Manager reviewed the memo of February 19 fron the Directors of
Park and Recreation regarding the Chamber of Conmerce request to holdttl Love Burlingame Daytt on Sunday, September 20, 1987 in WashingtonPark. The Chanber has stated it now has insurance. The Directors
recommended counciL consider not allowing the serving of beer and wineat this event.
Councihnan Amstrup thought the Chamber should not al1ow political
booths, that it was out of character with the day. He also had a
problem with allowing alcohol since the city has an ordinance against
alcoholic beverages in parks.
In response to council, City Manager noted the state has already
the currenL tenant to move out. If the chamber does not move in
the city nay be liabLe for $1,200 in rent for those 90 days.
Councilman Mangini was concerned about the possibility of other
such as the Nazi Party, Ku Klux K1an, or anti- and pro abortion
groups, having a booth, the Chamber should be careful about who
booths, He agreed that beer and wine shouLd not be allowed,
asked
n ot ,
groups
rents
Mayor Barton f e1t
local politicians
should not need a
the event was not the place for outside politics;
can walk through the park and hand out buttons but
booth.
Councilman Pagliaro agreed about limiting beer and wine, but not
poLit j-ca1 booths. If ue a11or.r politicians to ring doorbeJ.ls, why
cantt they have a booth? Politics can be fun at these events. You
will be restricting their rights. Councilman Mangini clarified that
he is concerned about certain groups but not politicians.
Councilman Lern bi co u1d
of 1oca1 politicians.
not believe that council would limit the rights
Mayor Barton said she
but she thought it a
thaE purpose.
vote to ban
the Chamb e r
would not
shame t hat
polj-ticians from booths,
started renting booths for
Councilman Anstrup stated he had felt pressured into renting a booth
the last time he ran for office. This event. started out as a way for
1oca1 merchants to show their appreciati-on to the c j-tizens. Local
20
PLANNING COMMISSION TERM EXPIRATION
CounciLnan Lembi wondered how much the relocation of the currenttenant would cost the city. City Manager reviewed the state has
specific gui-delines for relocation costs, there j-s a limit of no more
than $10,000. Councilman Pagliaro was concerned that if Lhe Chanber
did not nove the city would be liable for the rent.
2T
politicians can
they don't need
always walk through the park handing
a booth to buttonhole constituents.
out ba11oons,
Councilman Lembi said it is difficuLt
booth, you can just as easily do thatit I s t.he same effect.
to butLonhole
vhile walking
people from a
through the park,
Councilman Pagliaro moved to authori.ze the Chamber of Comnerce to
proceed with I Love Burlingame Day plans wj-th the condition that no
al,coholic beverages be served and that appropriate liability insurance
which sha1l be prinary be provided for the event. Seconded by
Counci-hoan Mangini, carried unanimously by voice vote.
Councilman Pagliaro inquired if 0rGrady was the contractor used during
the last street resurfacing, and if the oil and gravel process would
be used, Dj.rector replied no to both questions. Mayor Barton asked
for an explanation of plans for rnoving the northbound freeway on ramp.
Director of Public Works responded the northbound on ramp from
Bayshore Highway to 101 wouLd be moved further north. When the Hyatt
plans were approved they deeded a portion of the land to the city for
this purpose. This will relieve congestion on Bayshore Highway at the
Broadway intersection.
]NTRODUCTION OF ORDINANCE 1340 STOP SIGNS AT HOWARD AND LORTONa
Traffi-c Engineerrs memo of February 24 recommended councilintroduce an ordinance to establish stop signs on Houard at
Lorton as recommended by the Traffic Commission.
b RESOLUT]ON 2L_87 - REQUESTING CALTRANS
BOUND 101 AT BROADWAY
RELOCATE ON RAMP TO NORTH
Public Works Director's merno of February 23 recomrnended council
request t.he state relocate the northbound on ramp at Broadway torelieve congestion at the Broadway/Bayshore intersection. Ri-ghtof way was obtai-ned f rorn Hyatt some tine ago.
RESOLUTION 22-87 _ ACCEPTING COMPLETION OF CALIFORNIA DRIVE
RECONSTRUCTION - JOB 541
Assist.ant Civil Engineerrs meno of Eebruary
council accept as completed this project byin the amount of $407,1L6.66.
23 r e c onrne nde d
Raisch Construction
RESOLUTION 23-87
REPAIRS _ JOB 622
AWARDING BID FOR SIDEWALK, CURB AND GUTTER
Project Engineer's merno of March 2
bid to R.J. Whiteside Construction
recommended council award this
in the amount of $155,312.50.
RESOLUTION 24-87 - AWARDING BID FOR
RESURFACING - JOB 641
1987 STREET PATCHING AND
City Engi-neer's meno of February 25 recommended council awardthis bid to 0iGrady Paving in the amount of $357,767,10.
RESOLUTION 25-87 - RESCINDING AGREEMENT FOR STORM DRAIN
MAINTENANCE AT 7372 EL CAMINO REAL
City AtLorney's memo of February 23 recommended council rescind
the agreement with Tom Tved made in November 1986 for city
maintenance of storm drains. Since that tine it has been nore
expedj-t.ious to run the storm drain through private property and
the city need not become involved in its maintenance. In order
to clear the tlt1e, we must rescind the prior agreenent.
RESOLUTION 26_87 _ AUTHORIZING AGREEMENT FOR SHARING COSTS OF
STATE HIGHWAY TRAFFIC SIGNALS AND STREET LIGHTS
f
Traffic
approve
Engi,neer's nemo of February 25 recommended councilthe agreenent between the state and city for sharing the
CONSENT CALENDAR
c.
d.
22
maintenance and energy costs for state owned traffic signaLs and
street li"ghts within the city. City will pay 100 percent of
energy costs and state will pay 100 percent of naintenance.
Councilman Mangini moved approval of the ConsenL Calendar. Seconded
by Councilman Amstrup, carried unanimously by voice vote.
ALLEY CLOSURE
Councj-lnan Mangini inquired about the cl-osure of the a1ley near
Channing, he has received a calL regarding this. Director replied
that staff is about ready to proceed and is looking for funding, if
there is not enough funds ln this yearts budget, staff will come back
to council.
BICENTENNIAL OF THE CONSTITUTION
Mayor Bar t on
Bicentennial
agenda.
asked that appointnent
of the Constitution be
of a city
placed on
committee
the study
for the
meeting
ABAG MEETING
Councllman
meeting on
absence.
Pagliaro indicated he
l"lar ch 27. Co unc i lman
would be unable Lo atEend the
Anstrup will try to attend in
ABAG
his
PUTNAM MAZDA LIGHTING
a
b
f
c
d
Commissi-on Minute s:
Recreation, February
ProclarnaLions: Ar bor
April 6-12, 7987.
Letter from Mrs, Haberstich
Four letter regarding lack
Jamieson and Cockcroft.
Letter fron William Kamast.o
Carmelita.
Library Board, February 17; Park and19; Planning, February 23, 1987.
Day, March 7; Child Abuse Awareness Week,
regarding
of park ing
certain eyesore locations.
from Carter, Rumbaugh,
requesting stop signs on Broadway and
Letter from Lee
from staff,
Correy regarding lights at Putnam l{azd,a, response
h
Fi-r e Dep ar tme nt Report , 1986.
Cochran, 1524 Arc Way, commending streetLetter from Mrs.
workers,
tetter from Edna Mitchell representing Congressman Lantos
regarding the Bicentennial of the Constitution.
MILLS CANYON PARK
Mayor Barton noted she had spoken to students at Franklin School and
one had expressed concern about litter in the park. Public Works
Director said park departnent clears this park of brush and tteeds once
a year.
a
Mayor Bar ton
scouE groups
thought. it should be cleaned more frequently, perhaps
could do this.
Councilman Pagliaro noted a letter of complaint about lights from
Putnan shining into residences. He thought lighting conditions werepart of the permit council gave them. Councilnan Pagliaro asked that
if Putnan does not respond and appear before Planning Commission to
review the lighting plans by March 23 he woul,d like Putnam to come
before the council to discuss the matter.
ACKNOWLEDGMENTS
e.
23
FROM THE FLOOR
Karen Key, d j,rector of Chamber of Commerce, noted in celebration of
Ehe Bicentennial of the Constitution the Chamber is planning on having
a large copy of the Constitution to be signed by our citj,zens and she
hoped council- members would be the first to sign it.
ADJOURNMENT
The meeting was adjourned at 9:14 p.m
u dith A. Malfat 1
City Clerk