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HomeMy WebLinkAboutMin - CC - 1987.11.16BURL]NGAME, November CALfFORNIA 16, 198? CALL TO ORDER A duly noticed regular meeting of the Burlingame City council was heldon the above date in the City HaII Council Chambers. The meeting wascalled to order at 7:30 p.m. by Mayor cloria H. Barton. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Manager Dennis Argyres. ROLL CALL COUNCILMEMBERS PRESENT: AMSTRUP, BARTON, LEMBI , MANGINI , PAGLIARO COUNCILMEMBERS ABSENT: NONE MINUTES Minutes of the Regular Meeting of November 2, 1987 were approved. RESOLUTION 722-87 - DECLARING RESULTS OF NOVEMBER 3 , T987 ELECTION City Clerk reviewed her memo of November in which she recommendedcouncil adopt the Resolution declaring results of the ceneralMunicipal Election of November 3, 1987 at which two council members were elected and two measures hrere voted upon, vrith a total of 6,64Ivotes being cast. Council members Barton and Pagliaro won re-electionto four year terms and Measure T, Fair Property Rights, !,ron. MeasureT should be given an ordinance number, ORDINANCE L356, and be filedwith city ordinances. Councilman Amstrup moved adoption of RESOLUTIoN 122-87. Seconded by Councilman Mangini, carried unanimously by roII call vote. Council members Barton and Pagliaro then stepped down to be sworn inby the City Clerk and receive certificates of Election. Vice Mayor Pagliaro introduced campaign workers in the audience aswell as his wife Bonnie, daughter JiII and his mother, and thanked them all for their support. Mayor Barton introduced her husband John and her campaign workers inthe audience, thanking them for their help and thanking the people whovoted for her as weII. She noted that it was a privilege to serve as Mayor this past year and represent Burlingame. Mayor Barton asked for nominations for Mayor. Councilman Lembi nominated vice Mayor Pagliaro for Mayor. Councilman Amstrup movedthat nominations be closed. Seconded by Councilman Lembi. Pagliaro was unanimously elected Mayor . Councilwoman Barton nominated Councilman Amstrup as Vice Mayor. Councilman Mangini moved that nominations be closed. Seconded by Councilwoman Barton. Amstrup was unanimously elected Vice Mayor. Mayor Pagliaro thanked council for the vote of confidence. He said he would like to declare 1988 as the year for a downtown parking garage and the year for a great 80th Birthday for the City. Mayor Pagliaro presented a plaque to Councih.roman Barton inappreciation of her year of service as Mayor. Councilmembers expressed their appreciation to her. RECESS Mayor Pagliaro called a recess at 7:35 p.m. The meeting reconvened at 7:46 with all members present. 136 PUBLIC HEARING - APPEAL OF T'trlO VARIAI,,ICES FOR REMODELING A HOUSE AT 1.153 BERNAL AVENUE - RESOLUTION 123-81 APPROVING SA}IIE City Planner reviewed her memo of November 6 in which she recommendedcouncil hold a public hearing and take action. Mr. and Mrs. Brosnanare requesting two variances to they can add a second story to remodeltheir two bedroom, one bath, home to a six bedroom, two bath home with a new two car garage at the rear of the lot. One variance is neededfor a three foot side yard (5 feet required) so that the second story can be built over the existing first floor exterior walls. The second variance is required for a one and one half foot separation bet!.reenthe spa and the new garage (5 feet required). This variance resulted from the need to replace the existing garage lvith a code standard tlvocar garage after the swimming pool and spa had been installed by aprevious owner. The applicants initially applied for the side yard variance and a parking variance to keep the existing garage. Planning Commission denied this request without prejudice. The applicant then submitted new plans with a new garage which required a variance to the separation between the spa and the new garage structure. PLanning Commission approved this project with conditions at its october 26meeting. A neighbor at 1145 Bernal appealed this decision to council. City Planner responded to council questions regarding height ofproject which is within code and that a two car garage is all that is required for a six bedroom home. Mayor Pagliaro opened the public hearing. Richard Hoskinson, 1915 Broadway, Iives within view of the home and recommended approval; this project wiII improve the neighborhood; thechildren in the family need more room; detrimental to the Brosnanfamily to have only two bedrooms; they are good neighbors. Mrs. Brosnan requested approval, she responded that the family has two operating cars. Speaking in opposition was Bill van Horn, II45 Bernal, who noted thisis overbuilding of the smal1 lot; it may be legal but it \"rill not Iookgood; outdoor use will increase and noise will increase; Loss ofprivacy in his yardi there should be a limit to the time allowed forthe building process; he requested council consider some otheralternatives. Another neighbor living next door at 1149 Bernal in a one story house spoke in opposition lvith concerns about loss ofprivacy. There being no other comments, the hearing was closed. Councilman Amstrup expressed his concerns about allowing such large remodelings which change the character of the city and the neighborhoods. He asked that this subject be reviewed at a future study meeting. Councilman Mangini stated he had visited the site and noticed other two story buildings in the areai he noted he would like to see removalof the cityrs second story setback requirement; he is not opposed tothe proj ect. Councilwoman Barton also visited the site. City Planner responded toher question that applicant could stil1 add aII these bedrooms within code and not require variances if they removed the spa and moved the second story wa1l back one foot. Councilman Lembi moved to uphold the Planning Commission approval withconditions. Seconded by Council-man Mangini. city Planner requestedthe approval be by resolution. council unanimously approved adoptionof RESoLUTIoN 123-87 Approving Two Variances by roll call vote. Mayor Pagliaro noted he would Like to see some limitation on time in which to complete construction of these projects. Staff reviewedpresent city requirements . L37 138 PUBLfC HEARING SECOND READ]NG - ORDINANCE 1354 ANIMAL CONTROLS Mayor Pagliaro opened the public hearing. Alan Horn, 1325 Paloma, spoke in favor. Mayor Pagliaro closed the public hearing. Mayor Pagliaro commented that he is opposed to this ordinance becauseit allows a dangerous animal to remain within the city after it has attacked or injured a person by issuance of a permit withrestrictions. Councilman Mangini moved adoption of ORDINANCE 1354. Seconded by Councilman Lembi, carried 4-1 on ro11 calI, Mayor Pagliaro vot5.ng no. PUBTIC HEARING - SECOND READING - ORDINA}ICE 1355 - RESTRICEING PARKING AND STORAGE OF INOPERATIVE VEHICLES, VEHICLE PARTS, BOATS AND CAMPERS City Attorney reviewed his memo of November 6 in which he recommendedcouncil hold public hearing and then adopt the ordinance to controlthe storage of inoperative vehicles, vehicle parts, boats and campersin driveways, front and side yard setbacks. At the time of theintroduction of the ordinance, council questioned the meaning of the word "stored.r' City Attorney has researched and recommended that the wording stay. Councilwoman Barton requested the newspapers notify the public aboutthe adoption of this ordinance. It is a probLem for neighbors to haveto look at abandoned vehicles, vehicle parts, campers and boats.Staff reviewed that normally the city would use a warning notice tonotify parties to remove these items in response to complaints. Mayor Pagliaro opened the public hearing. There being no co[unents,the hearing was closed. (1) ]MPLEMENTATfON OF PARKING STRUCTURE STUDY City Manager reviewed that council had asked for a report on the study Meeting at which the parking structure study was discussed; council had indicated it would like to formally approve its discussion. Councilman Lembi moved to implement the Parking Structure Study by developing a plan for a parking structure on the lot behind thelibrary and begin Eminent Domain proceedj.ngs to acquire the lot at 1320-1350 Howard Avenue for a parking lot. Seconded by Councilman Mangini, carried unanimously by voice vote. (2) PUBLIC HEARING - RESOLUTION 124-87 - DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAIiID AI.ID DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS city Attorney introduced Michael Nave, attorney representing the city, who reviewed the procedure for the public hearing. There was a recess at 8:34 p.m. in order for Navets court reporter to set up equipment. The meeting reconvened at 8:40 with aII members present . city Attorney reviewed his memo of September 23 in which he recommended council adopt a new animal control ordinance as suggested by the county. The ordinance provides for strict controls of dangerous animals such as pit bulI dogs. Council discussed this ordinance at a study meeting with representatives from the county andthe Humane Society, with whom the city contracts for animal control. Councilman Mangini colunented that this is better alternative than euthanizing the animals. Mayor Pagliaro asked what the procedure would be for dangerous animals if this ordinance is not adopted. cityAttorney said there is still a hearing process for dangerous animals,but less control. CounciLman Amstrup moved adoption of ORDINANCE 1355. Seconded by Councifman Mangini, carried unanimously by roll call vote. PARKING STRUCTURE 139 Nave reviewed state law which allows city to acquire real property bythe process of eminent domain, the noticing requirements, the requirement for public hearing, the offers made to the property owner and the fact that the last offer still stands. He reviewed theprocedure for the public hearing at which council would hear testimony from himself and the Director of Public Works, Ralph Kirkup, from theproperty owner Roger Miles and his attorney Amitai Schwartz, and from any other members of the public who wished to comment. Mayor Pagliaro opened the public hearing. Michael Nave asked the Director of Public works to review the statusof the Burlingame Avenue parking area's needs. Director stated thatparking needs have increased over the yearsi city has increasedparking by restriping lots and street parking and adding compactparking spaces but this had not alleviated the problems. He showed a map of the Burlingame Avenue area with the city parking lots and thelocation of the subject lot, the property at 1320-1350 Howard. Thatproperty is within 50 feet of the most impacted of the city parkinglots, Lot J. Director showed graphics from the Parking Study prepared by M!'rM showing that 60 parking spaces could be placed on the subjectlot and 110 spaces could be added with a deck over that lot. Nave asked if any other lots were considered for a structure. Directorreplied yes, Lots J and A. Nave asked that the Mayor continue the hearing by accepting comments from the property owner and his representative, and then allow Nave to make closing colunents. Mayor Pagliaro asked Nave what the offering price was from the city. Nave said $916,800. The appraisal and the first offer made to Miles was for $743,500. None of the cityrs offers were accepted. AIan Horn, 1325 Paloma, complimented council for seeking more parking, the needs of the community outweigh the property owner's. Tony Taylor, Chamber of CorNnerce Parking Committee, thanked councilfor pursuing more parking. Mayor Pagliaro opened the hearing to those speaking against theacquisition of this property. Amitai Schwartz, attorney for the property owner, asked if council had approved this plan at the Study Meeting of october 2I, 1987. MayorPagliaro noted that council discussed the concept of acquiring theproperty at the Study Meeting but no formal- action or vote was made. Schwartz reviewed that one year ago council approved a variance in order for Miles to develop the property, after long procedure !,rithstaff and the Planning Commission; shortly after that approval the owner was informed that council was interested in acquiring theproperty, so they took no action on their plans; in June of this year they Iearned that council was no longer interested in the property, so they proceeded to have an architect l-ook at the varianee and developplans; they have submitted the plans to staff, the plans will enhancethe commercial area and give Miles a reasonable return on his investmenti now council is on the verge of condemning the property to develop a parking Lot; he thought it unfair not to give Miles the useof his property for more than five monthsi it will cost the city much more than the price of the property to develop a 1ot; council willlose revenues from the property that would come if it were developed and productive as Miles plans it to be; in the Parking Study, this lotis the most expensive alternative discussed; the appraisal city got was low, the property is worth much more and the ul-timate value could be much higher if decided in court; Miles is attempting to build something the city will be proud of; an environmental- document has not been prepared; in fairness the city should let Miles proceed with theapproval council gave him one year ago. Attorney Nave responded to council question that an environmental document does not have to be prepared at this stage to condemn, it would be needed before the project is built. Council objected toSchwartzrs c1aj.m that council took action at its Study Meeting,council never takes action at those meetings. 140 Mayor Pagliaro inquired when the property was acquired by Miles and at what costi Miles responded in 1978 for around $500,000. Pagliaro also wondered how much Miles has spent in improvements; Miles responded between $70,000 and $100,000. The Mayor asked how much they thought the property was worth if the city's appraisal was too low; they couldnot say, but said much more than $700,000. Mayor Pagliaro asked if they would need another parking variance for the new plans they have drawn for the property; they did not know if it would need morevariances. Pagliaro asked if they planned for a restaurant; they saidno. Pagliaro inquired if the plans are finalized; Miles said they aretrying to develop plans that will satisfy the city. Councilwoman Barton said this property has been essentially vacant for 8 years; Miles reviewed history of problems he has encountered with the property, roof leaks, vandalism, fire and insurance. VaLerie Beloff, a developer, spoke in opposition to city taking theproperty. She has serious plans for use of the building as a fitnessc1ub. Councilman Lembi inquired if her plans were for a master lease, she said yes. Lembi asked for examples of developments she has workedon; Beloff responded that her organization is a ne\", corporation and, though the principals have experience, it has no examples. She notedthat she felt they coul-d be through the cityrs approval process in a matter of months. In response to Councilman Mangini,will lapse in December, but he hasfor an extension. City Planner said Miles variance applied to the Planning Commission Attorney Nave asked that the map of city parking Iots and the graphics from the Parking Study of the lot at 1320-1350 Howard be marked asExhibits 1, 2 and 3 for the record. Mayor Pagliaro closed the public hearing. Councilman Lembi commented that the proposed development talked about by Beloff was in the magnitude of $2 million; he would be surprised if the project could be accomplished in the time frame suggested or for the cost proposed. councilwoman Barton noted that this is not the most expensivealternative mentioned in the Parking Study if you consider the 55parking space variance that was g5.ven to Miles; then it becomes very competitive. Councilwoman Barton moved for adoption of RESoLUTIoN 124-87, Resolution of the city Council of the City of Burlingame Determiningthat the Public Interest and Necessity Require the Acquisition ofcertain Land and Directing the Filing of Eminent Domain Proceedings. seconded by councilman Mangini, carried unanimously by ro11 call vote. (3) LETTER AMENDMENT TO CONTRACT WITH M!{M FOR PARKING STRUCTURE CONCEPTUAL DESIGN PARKING LOT A city Managerts memo of November 12 recommended council authorize an amendment to the cityts agreement with linlM Architects, in the amountof $14,500, for conceptual design of a parking structure on Lot A. Councilman Mangini moved approval of the amendment. Seconded by Councilman Lembi, who commented that several neighbors of Parking Lot A have asked if there would be public hearings on the plans for theparking structure as they are concerned about the design. Councilwoman Barton said council would be sure it \"ras an aestheticallypleasing, low structure. city Manager said there would be a Study Meeting at which designs are reviewed and at that time council can determine how it wants toproceed. The designs should be ready within two months. The motion carried unanimously by voice vote. L4L TRAFFIC ALLOCATIONS FOR NOVEMBER 1987 City Planner reviewed her memo of November 5 in which she recommendedcouncil review the traffic analyzer study, the status of trafficallocations and approve a request a traffic allocation for expansionof the Crowne Plaza Hote1. A revised table showing the remaining capacities at critical intersections on the bayfront has been devised. Compared to the previous numbers the study showed there is more capacity at the Broadway interchange due to increased usage of the Mil-lbrae Avenue interchange; Airport Boulevard/Bayshore conti-nues to have limitations as does the Peninsula interchange. Last revi-ew of traffic allocations was in october 1986. At that timethe Ibis and Embassy Suites hotels were being completed and Hyatt was about to break ground. we had two potential projects, Windmark and Carruf hotels, as well a motel project by Marriott at 450 Airport. The Windmark and Marriott projects have withdrawn. The carruf hotelproject was extended to June 1988, as were the traffic allocations.building permit must be issued for this project by June 1988 or it must go through the city approval process again, as it would have to do with BCDC aIso. No action is necessary at this time. A The new owners of the Crowne P1aza have asked for a traffic allocationto remodel the lobby and add a new 150 room guest tower with a restaurant, ballroom and prefunction area as well as a parkingstructure. This project would consume 0.5 percent of the Airportintersection, 0.9 percent of Broadway and 1.1 percent at Peninsula. In response to council, city Planner said there have been no plans presented to city as yet for this project. Councilman Mangini moved approval of the traffic al-location for crowne Plaza hotel project. seconded and carried unanimously by voice vote. CHILD CARE COMMITTEE FI'NDING REOUEST Marti Knight, representative of the city and the school board to the Mid county Child care Committee, was present, as was county Supervisor Mary Griffin. Marti Knight reviewed her role on the coNnittee and the cornrnj,tteers hope to have an impact on child care. she said people expect more ofcities now; people need child care; Iabor is attracted to areas which have child care available. She reviewed funds received from other agencies. She hoped Burlingame would contribute. Council discussed with criffin and Knight. Council said it wouldprefer to see private sector respond to this need. Council took no action. 1988 COI.,NC]L CALENDAR APPROVED City Managerts memo of october 23 recommended council review and approve the tentative calendar for council meetings in 1988. Councilman Lembi noticed that council met on Martin Luther King Day.city Manager responded that day is a State and Federal holiday but hasnot been designated as a city holiday. tembi moved that council meet on Tuesday instead, The motion died for lack of a second. councilman Amstrup moved approvaL of the calendar. Seconded by Councilman Mangini, carried 4-1 on voice vote, Councilman tembi voting no. COMMISSIONER APPL] CATIONS City Managerrs memo of November 9 recoNnended counciL direct staff on interviews for commission openings. No one has applied for theBeautification Commission and for the Mosquito Abatement commission. Council directed that Beautification and Mosquito Abatement be held open for an additional 30 days. Each council interview coNnittee will reach an agreement on interviews and inform the city Manager. Councilman Mangini noted his objections to the entire commissionprocedure; he requested a committee be formed to study a betterprocedure. Councilman Lembi volunteered to meet with Mangini and theCity Manager to draft a revised procedure. CounciL approved the committee . CITY SELECTION COMMITTEE Mayor Pagliaro reviewed the upcoming City Selection Committee meetingto appoint representatives to SamTrans. Council supported the reappointment of Frank Cannizzaro of Millbrae. CANCELLATION OF STUDY MEETfNG Council approved the cancellation of the November 18 Study Meeting. JOINT CITY COUNTY TRANSPORTATfON COMMITTEE Mayor Pagliaro stated he had asked that this item be placed on theagenda. He told of the weekly meetings and the success the present committee is having. He reviewed the Board of Supervisor's proposalfor two Supervisors on the committee, a Supervisor Co-chairing the committee, and the Board having veto powers. Council members agreed that it was opposed to this proposal . CounciLman Mangini moved that the Mayor be directed to vote no on thisproposal . Seconded and carried unanimously by voice vote. CONSENT CALENDAR RESOLUTION L25-87 JOB 719 AWARDING BID FOR 1987 STREET PATCHING PROGRAM Assistant Civil Engineerrs memo of November 12 recommendedcouncil approve a$rarding the bid to G. Bortolotto of Foster Cityin the amount of $153,575. SPECIAL ENCROACHMENT PERMIT FOR BRfCK WALL IN RIGHT-OF-WAY AT 1620 BALBOA WAY Senior civil Engineerts memo of November 10 recommended council approve this encroachment permit in order to level a front yard, the sewer cleanout will be raised to grade. DENIAL OF CLAIMS; (1) ALBERT P. BALES III; (2) V]RGINIA AND RICHARD ROSSI City Attorneyrs memos recommended council deny these claims for(I) being towed; and (2) a sidewalk faII. d. WARRANTS AI'.ID PAYROLT Finance Director recommended approval of Warrants 37079 - 37476,duly audited, in the amount of $872,813.37 and PayroII Checks 79031 - 79729 for the month of October 1987 in the amount of $816,507.76. b Councilman Mangini moved approval of the Consent Calendar. by Councilwoman Barton, carried unanimously by voice vote, Amstrup abstaining from the vote on the claim of Rossi. Seconded Councilman Mayor Pagliaro noted that he was in one of the city's restaurants andthere was no posting of smoking sections. He requested report fromCity Manager on compliance with city regulatj-ons regarding smoking.Staff reviewed that not posting smoking sections is a violation ofcity code. Violations should be reported to staff. Councilman Lembi requested that council revier^r the Airportts Draft Master PIan and make comments before November 30. Staff will forvrard L42 a. SMOKING ORDINANCE AIRPORT LAND USE COMMfSSION I 743 Council went into a closed Session at 10:32 p.m. ADJOURNMENT The meeting was regularly adj ourned at 10:41 p.m. Judith A. MalfattCity Clerk copies to council. APPEAL HEARING Mayor Pagliaro scheduled a public hearing for December 7 for an appealof the fence exception for 412 Bayswater. LIMITAT]ON ON TIME TO COIIIPLETE PROJECTS Mayor Pagliaro asked for a report from staff on the limitation on the time allowed to complete building projects. ACKNOWTEDGI4ENTS a. Commission Minutes: Traffic, Safety and Parking, october 8i Planning, November 9, 1987. b. freasurerts Report, october 31, 1987. c. tetter from Arts Council requesting appointment of representative . Mayor Pagliaro suggested council members consider candidates to appoint. d. Letter from Bill Key thanking street crews for cleaning area around Train Station. e. Letter from Tri Counties requesting opposition to portion of Federal Budget 8i11. f. Letter from supervisor Nolan regarding affordable housing. S. Police Report, october 1987. h. Requesting council proclaim Family Week. FROM THE FTOOR There were no colunents from the floor. CTOSED SESS]ON - LABOR NEGOTIATIONS