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HomeMy WebLinkAboutMin - CC - 1985.01.21201 BURLINGAME, CALIFORNIA January 21, 1985 CALL TO ORDER A duly noticed, regular meeting of the Burlingame Clty Council was held on the above date in the City Ha11 Councll Chambers. The meeting was cal1ed to order at B p.m. by Mayor R. David Martin. PLEDGE OF ALLEGIANCE TO THE FLAG Led ROLL by City Manager Dennis Argyres. CALL COUNC I LMEMBERS COUNCI LMEMBERS MINUTES PRESENT: ABSENT: AMSTRUP, BARTON, MANG]NI, MARTIN, PAGLIARO NONE Minutes of the Regular Meeting of January 7,1985 were approved with corrections on page one to show that Councilman Pagli-aro was latettdue to being sworn into a county office in Redwood City;ttand on page five, paragraph eleven, adding "City Attorney noted that the parking i-mpact of restaurants was the cause for urgency ordinance.tt Minutes of the Study Meeting of January 9, 1985 were approved. SCHEDULE APPEAL HEARING _ SIGN PERMIT FOR 1209 DONNELLY Mayor Martin acknowledged a letter of appeal and scheduled public hearing for February 4, 1985. PUBLIC HEARING REZONING OF ROLL]NS ROAD City Planner reviewed her memorandum of December council hold public hearlng and take action. In acted on the General Plan amendment to keep this and noted confusion would be reduced by rezoning has been R-3. 18, 19B4 recommending 0ctober 1,984, council area in duplex use to R-2, the zoning Mayor Martin opened the pub11c hearing to proponents of the rezoning. Bud Harrison, 376 Lexington, presented a petition supporting the rezoning signed by homeowners in the area. He asked the homeowners supporting the rezoning to stand. He noted that the residents were concerned because possible parking problems, and height if these properties are developed into apartments. He noted that most of the owners of the duplex properties were people who lived out of town. He hoped councll would uphold the Planning Commission and maintain the integrity of the area. Also speaking 1n favor of rezoning were Helen Corde11, 324 Lexington; Ken Birde11, 377 Lexington; Vera Thompson, 391 Lexington; Alex Thomas, 373 Lexington; George and Virginia Ke11y, 308 Channing; Marge Krietter, 331 Lexington; Josephine Rositano, 390 Lexington. Their concerns were density of people, parking and traffic problems, impact on sewer and water system, height of apartment buildings and nearness to property 1ines. Mrs. Ke11y read a poem written by a friend in the 1960rs about loss of views from a home. Mayor Martin opened the hearing to those in opposition to rezoning Larry Gavin, 2327 Summit, Hillsborough, thanked council for postponing the hearing. He presented a petition signed by the property owners onRollins opposing the rezoning. He had a number of questions about therezoning and the General Plan. Mayor Martin and City Planner answeredhis questions and clarified for him the need for the State requi-rement that the General Plan and zoning match. Gavin objected to downzonlng property. The duplexes are o1d buildingsand the owners cannot economically replace them with another duplex. Duplexes are not being built anymore; property owners bought as an investment, so they can eventually build apartments because it was 202 zoned for apartments. Burlingame needs more housing wlth all the new hoEeIs and offices being bui1t. Robert Quick, 312 Lexington, attempted to speak in favor of rezonino but Mayor Martin informed him that he should have spoken earlier. Also speaking in Mateo; Max Colon Alex Hanson, 151 Counc i lman could have Counci-lman to be some Amstrup noted there some limitations on Mangini stated with compromise made. opp a, 7 6Hi osition were: Roger Jackson, 420 Cavanaugh, San 13 Barneson, San Mateo; 0rin Fields, 1901 Davis; ghway Road; Rosalie 0'Mahony, 7427 Floribunda; and Patrick Kinse11a, realtor. They urged council not downzone the areal it would downgrade the quality of the property; Planning Commission and council have control over what type of building would be built on these properties. Mayor Martin requested City Planner reply to questions and concerns raised. City Planner reviewed that there is a 15 foot front and rear setback required on Ehese 1ots, there is a 35 foot review line for height. Mayor Martin noted this is not a height limit but merely a 11ne at whlch height would be reviewed. City Planner noted there is no maximum limitation on height in the R-3 zone (although there is a review line at 35 feet), while there 1s height maximum limit of 30 feet in R-1 and R-2. is a special zone ca11ed R-3-A which height added. two opposing viewpoints Lhere will have Mayor Martin closed the public hearing. Councllwoman Barton said she has been very concerned about this and rode her bike around the area in question and saw the duplexes were deteriorating. She would be more concerned about having those o1d buildings as a neighbor than a new apartment. She said no one would have faith in city government if 1t downzoned that property; you can I t change the rules in the middle of the game. Council discussed at length: it sympathized with both sides; it had particular concern about bulldings over 35 feet in height; R-3-A zone or a special overlay zone in this area might be a solution; should have restrj-ctions on setback and height; most of the lots 1n this area have something built on the property line now; freeway noise would be lessened if ta11er buildings were built on Rollins to act as a buffer. Councilman Pagliaro made a motion in verse in support of the change in zoning to R-2 as recommended by the Planning Commission. The motion died for lack of a second. After further discussion, Councilman Mangini moved to support Planning Commission recommendation to rezone to R-2 with the of lots already developed in apartments. The motj-on died for a second. the exception lack of Further council dlscussion: should have Planning Commission study appropriate alternaEive zoning using R-3-A district or special overlay zone; should set maximum 30 foot limit on height. Review should also address setback, parking requlrements, number of units. Council wanted residents and owners of that area to be noticed of hearings. Council was opposed to the R-2 zoning. Mayor Martin referred item back to the Planning Commission for consideration of zoning requirements. Mayor Martin declared a recess at 9:05 p.m. Meeting reconvened at 9:18 wlth all members present. APPEAL FOR S]GN EXCEPTION DROPPBD BACKALLEY DELI At the request of appellant, this appeal was dropped. RECESS 203 STREET VENDING PERMITS City Attorney reviewed his memorandum of January 16, 1985 in which he recommended council hold public hearing on each request. If granted, council should set specific times and locations for operation, and require review in six months. Council should also require liability insurance. 1 JEB ENTERPRISES City attorney reviewed: this is a request for a permit to operate a trailer cart in the Burlingame Plaza area. Location is on the public sidewalk near the northeastern boundary of the parklng 1ot. The cart is towed there and left from 11 a.m. to 2 p.m. Recently they have requested hours only be from 11:45 to 72245. The request also states the purpose of the operation is to provlde employment for senior citizens wlth 1ow income; however, recenL employees have been teenagers. Mayor Martin opened the public hearing. George Brewer, showed.ou.r.ii- convenience to they had tried Councilman Mangini and to put a cart in front attorney representing JEB Enterprises (his wife), a map of the location of the cart. It would be apeople who like to tteaL and run. tt He reviewed that to employ seniors but have been unable to do so. Council reviewed with City Attorney the business license procedure. Steve Musich, owner of the Burlingame Plaza, introduced owners of businesses who were present to object. to this street vendor. He stated this business is circumventing all requirementsl all other businesses provide parking and pay taxes. If this is allowed there may be more carts on sidewalk creating traffic problem. Mayor Martin closed the public hearing. Mayor lvlartin inquired of Brewer if liability insurance would be aproblem for the business. Brewer replied no. Amstrup were opposed to street vendors; unfair of merchantsr shops. Councilman Amstrup moved to deny this street vending permit. Seconded by Councilwoman Barton, carried unanimously on ro11 call vote. 2. RYAN I S RED HOT RIPPERS City Attorney confirmed this applicant wants to operate on city streetrather than sidewalk as previous applicant. Mayor Martin opened the public hearing. City Attorney reviewed: this application is Naskrent who operates Ryan's Red Hot Rippers, scooter with attached food service cart. He serves several businesses on their sites andlocate at a parking space at the intersection Burlingame Avenues during lunch hour. Naskrent reviewed his business has beenhe is licensed by city, county and DMV. that he needs a special permit for street from Victor Ryan a three-whee1 has a route which he also wants to of Primrose and 1n operation for four Now he has been made vending. Victor years, awa re Mayor Martin confirmed the from L2 to 1 : 30 p. m. hours Naskrent would be at corner downtown; Steve Klieman, 405 Primrose, spoke in favor. People who use this busj-ness can eat quickly and then have time to shop on BurlingameAvenue. Naskrent makes trgreat hot dogs.tt The business has become apart of Burlingame, and has contributed to charitles by servi-ng atfund raisers. Don Fise, 330 Primrose, asked council give favorable consideration toNaskrent. It 204 Mayor Martin closed the public hearing. George Brewer spoke in favor. influence this decision. City Attorney business from Duffields and Councilwoman Barton Councilman Amstrup, He asked council not 1et former denial noted he had received two letters Thomas Gallagher, 1348 Burlingame Gormans who own 22O, 224, and 234 in opposition to Avenue and from Primrose. thi s the Council inquired of Naskrent how he managed to find a parking space at that difficult corner. Naskrent reviewed various methods he has used in the past which have been corrected by the police department. Now he just goes around block until a spot opens. Council discussion: objection to allowing special privilege for a parking space; if we a11ow one we have to a1low others; cannot use one parking space for more than one hour in that area; if this busj-ness r{ere allowed why not let JEB use a parking space for one hour also; we could have flower carts and others using parking spaces if this is allowed; have heard negative remarks from restaurant oh,ners about this business; Naskrentfs other stops are on private propert.y. Mayor Martin stated Ehis man has been in business for a couple years and council has never heard any opposj-tion. moved to deny this application. carried by ro11 call vote, Mayor Seconded by Martin voting no. Mayor Martin informed Naskrent he could no longer do business on corner of Primrose hnd Burlingame Avenues but could contj-nue with his other route to private bus j-nesses. RESIGNATION OF FINANCE DIRECTOR FRICKE DI RECTOR INTRODUCTION OF NEI,{ F]NANCE City Manager reviewed his memorandum of January 15 to which he attached a letter of reslgnation from Helen Fricke, Finance Director. He also attached the resume of Rahn Becker whom he is recommending for appointment as new Finance Director with councilts approval. Mrs. Fricke and Mr. Becker were both present. Councilman Amstrup moved approval of the appointment of Becker. Seconded by Councllman Mangini-, carried unanimously. Council members complimented Mrs. reEirement. They commented on her capability. Fricke and wished p r o f e s s i o n a 1 i s m , her a happy competence and PARKING STRUCTURES - RECOMMENDED PROCESS FOR PUBLIC HEARINGS APPO]NTMENT OF COMMITTEE City Managerts memorandum of January 15 recommended council review outline of guidelines for public hearings and also consider the makeup of the commi-ttee. Staff envisioned two workshops and one public hearing before the committee reports to counci-1. Councilmembers discussed from several commissions; commi-ttee. Mayor Martin s committee with submit names t appoint Mike E makeup of the committee; have representatives include the general public; a select ug b o 11 Councilman Mangini moved that Mike E11is, past chairman of Traffic, Safety and Parking Commission, be chairman of this Seconded by Councilman Amstrup, carried unanimously. Councilman Pagliaro moved each council member, including submit three names by this Friday and the mayor select a Councilman Mangini moved that each council member submit six names and the mayor select a committee of 72 from those names. Motion died for lack of a second. gested a committee of 15 members, a workshop type road representation. He suggested each council member the mayor and he would make the selection. He would i s as chai-rman . the committee. the mayor, committee of 20s 12 from those names, Chairman E11is to be the thirteenth member of the committee. Seconded by Councilman Amstrup, carried unanimously. Mayor Martin requested council submit names to City Manager. CLEANING ESTABLISHMENTSPLANNING COMMISSION RECOMMENDAT]ONS ON DRY REFERRED TO NEXT MEETING Mayor Martin noted a letter from Mamora Terrell requesting this issue be delayed to the next meeting. Mayor Martin scheduled for the meeting of February PLANNING COMMISSION RECOMMENDAT]ONS REGARDTNG HOME L]CENSES 4 , 1985. OCCUPATION BUSINESS City Planner reviewed her memorandum of January 15 in which she recommended council review the proposed code changes. Planning Commission has recommended introduction of an ordinance to more clearly define home occupations with more pnecise criterla to facilitate enforcement. There are also listed some home occupations which would be prohibited. Council discussj-on: who will enforce, CP replled Planning Department and City Attorney; example of Tupperware sa1es, the salesperson could go into other homes for sa1es, but could not conduct parties regularly at his own home; no more than two people who also reside in that home could work at that occupation, no outside employees. Council meeting had numerous questions and consensus was to refer to a study CONSENT CALENDAR Mayor Martin inquired if provision is being made for protection of trees during street resurfacing project. Director of Public Works replied his department and Park Department are working on this. ORDINANCE 1293 - REZONING CERTAIN PARCE LS ON SAN MATEO AVENUEa City Planner's certai-n parcels memo on of San December 77 recommended thls rezoning of Mateo Avenue from R-3 to C-2. b RESOLUTION JoB 420 9-Bs AWARDING CONTRACT FOR 1985 STREET RESURFACING City Engineer I s memo of January 17 recommended councll award this construction contract to Grade Way Construction in the amount of $454,782.90. RESOLUT]ON 1O_85 - AMENDING RESOLUTION 5B_83 PROJECT - PROJECT 039 UNDERGROUNDlN G Director of Public Works memo of January 16 recommended council amend resolution 5B-83 to change the dates whereby affectedproperty owners must be ready to receive underground servj-ce from 0ctober L984 to March 1, 1985, and the date for removal of allpo1es, overhead wires, and associated structures, to be movedfrom December 7984 to April 1, 1985, and for a change in thesectlon regarding payment by utility company for installation oflatera1s. C d RESOLUTION FOR SENIOR 11_85 - AUTHORlZING AGREEMENT WITH SAN MATEO COUNTY NUTRITION PROGRAM e Recreation Director I s memo of January approve agreement with County for the Program and authorize $1,700 transferRecreation budget. 17 recommended council Senior Citizen Nutrition from Contingency Reserve to LETTER AMENDMENT TO AGREEMENT FOR SERVICES FOR ROLLINS ROAD PROJECT CONSTRUCT]ON INSPECT]ON_ JOB 248_A City Engineer t s memo of January 17 amendment for an increase of $4,731 Ham. recommended council accept this in contract with Wilsey and { a{II I , 206 f. DEN]AL OF CLA]M: PAC]FIC MARKETING City Attorney's memo of January 15 recommended council deny this claim oo WARRANTS AND PAYROLL Finance Director recommended approval of tr{arrants 238L7 - 24185, duly audited, in the amount of $9f2,618.34 and Payroll Checks 55204 - 55902 for the month of December l9B4 in the amount of $627 ,372.92. OLD BUSINESS COMMISSION VACANCIES Councilman Pagliaro noted a memo received regarding commission absences during past six months. In Lhe future, he would like to see a report for a fu11 year period. He noted a posltion would become vacant due to absences under Resolution 16-84. 0ther council members had not had a chance to study and so discussion was postponed until next meeting. NEW BUSINESS _ AIRPORT NOISE Councilwoman Barton informed council at a recent meeting of the Airport Roundtable they learned of proposed legislation to take away 1oca1 controls of alr traffic curfews and urged council write letter opposing such action. City Attorney reviewed legislation further. Council requested staff write letter in opposition. Councilwoman Barton noted at that meeting there was also discussion of the removal of the trees for the freeway construction now going on beside Highway 101. The noise 1eve1s in adjacent residential areas have greatly increased (measured increase of 30 dBA, from 65 dBA to 95 dBA) in Millbrae because of the removal of the trees. She suggested contacting Mi11brae, Hillsborough and San Bruno and writing a letter objecting to the tree removal and inquiring when they would be replaced. Mayor Martin suggested contact also be made with CalTrans. ACKNOWLEDGI'{ENT S Councilman Amstrup moved approval of the Consent Calendar. by Councilman Pagliaro, carried unanimously by voice vot.e. Commission Minutes: Traffic, Safety, Parking, December Planning, January 14, 1985; Library Board, December 18, from Sherr family and response from protesting Recreation certain classes at DirecLor. Seconded 13, 19B41' 7984. , 1985. Recreation 1 2 3 4 5 Police Report, December 1984, Treasurerts Report, December 31 , 1984, Proclamation - Peninsula Family YMCA Week February 4 Letter Center 6 7 Letter from Marci-a Walsh, Vancouver Road, cleaners never reach the end of Vancouver Director of Public I{orks. wondering why street and response from Letter from Dr. workers for aid Fire Department Report Letter from Chamber of 1985. Commerce reviewing important dates in B1oom, l6L Los Robles, thanking Water Department on Christmas weekend. - December L984.B 9 Council requested a formal request for approval Letter from pIans. 10.City Attorney informing council of his vacation t Et! t 207 11. Memo from Tom Moore, Traffic Engineer, regardin limiL changes on Magnolia and seven letters fro opposition. gt mm rial parking erchants in Afte the Park rC tri ing ouncil discussi-on, Mayor Martin requested staff not implement a1 parking changes and referred it back to the Traffic, Safety, Commission for further review. ADJOURNMENT Meeting was regularly adjourned at 10:48 p.m. udith A. City Clerk