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HomeMy WebLinkAboutMin - CC - 1986.06.16407 CALL TO ORDER A duly on the called noticed regular neeting of the Burlingane City Council was above date in the City HaI1 Council Chambers. The neetingto order at 7:33 p.m. by Mayor Victor A. Mangini. PLEDGE OF ALLEGIANCE TO THE FLAG BURLINGAME, CALIFORNIA June 16, 1986 AMSTRUP, BARTON, IEMBI, MANGINI, PAGLIARO NONE held was COUNCILMEMBERS COUNCILMEMBERS MINUTES PRESENT: ABSENT: Minutes of the Regular Meeting of June 2 and the Study Meeting of June11, 198 6 were approved. PUBLIC HEARING - RESOLUTION 62-86 - CERTIFYING F]NAL EIR FOR SEQUOIAS LIFE CARE FACILITY AT 1781 EL CAMINO REAL City Planner revieued her nemo of June 9 in which she recommended counci.l hold a public hearing and take action. Environnental Science Associ.ates (ESA) has completed the Fi.nal EIR docunent for the proposed Sequoi.as Life Care facility at 1781 El Camino Real. The Final EIR consists of the Draft EIR, the Response to Comments Docuroent and Ehe Addendun to the Response to Comments Document. Certifying the EIR is simply acknowledging that the document has addressed the najor impacts of the project and identified those which can be mitigated to acceptable levels, and those which are significant and cannot be mitigated. Action should be taken by Resolution, 1{lth f ind j-ngs Ehat review the conclusions, nitigations and identify the significant effects. Action on the Final EIR does not prejudice in any way future action on the project. El1en LaPorte, ESA, reviewed briefly the significant findings of theFinal EIR. Councilnan Anstrup recal-1ed uhen the hospital was buil,t noting that one response in EIR refers to the fact that city did not require thatthe area be open space , but his recollection of the hospital r s developnent uas that it uas Eo have open space area. Councilman Pagliaro stated that he had received a letter abouE apossible conflict of j.nterest. He noted that his firm is retained byFarmer's Insurance to represent Peninsula Hospital but he did not feelthat he had a conflict of interest in voting on this issue. CityAttorney agreed. Ci-ty Planner and LaPorte responded to council questionsl revieuedalternatives for project, airport noise, effectiveness of doubleglazed windons in reducing interior noise 1evels. Mayor Mangini opened the public hearing. Speakers were Jean Carro11, 1525 Meador.r Lanel Harry Yui11, 1657 Coronado; Anthony Kakis, 2009 Claricei Bob Quilici, 164l Coronado; Anthony Bruno, 1508 Davis; Chris Fo1ey, 1504 Davis; and RichardMcGoff, L7L2 Davis. They had concerns that the noise from airportbackblast was not considered signiflcant; the building uould obstructresidential neighborhood vieus; setbacks were not sufficient; safetyof building in flight patterns; high increase in traffic and parkingproblems; inpacting nearby school; buildings on Trousdale will losetheir parking when entrance to hospital is relocated; project is toolarge for Burlingame; fear that property values will decrease; wondered who paid for EIR uhen it plays down all these serious impacts; hospital owns lots of property across El Canino, project Led by City Manager, Dennis Argyres. ROLI CALL 408 could be better placed in commercial zone avay from established neighborhoodsl cross section is not shown of project in comparison with hospital; loss of open space is serious inpact. City Planner responded to some of the concerns; setbacks are 20 foot at front and 15 foot at rear, this is an unclassified zone and thereare no specific numerical standards in that zone; there is a cross section in EIR of hospital and project, the project is tvo feet higher thaD the hospital; fhe scope and cost of EIR was deternined by city and the applicants were then required to pay this anount to city, city then hired the consultants to prepare the EIR; 1515 Trousdale, a medi-ca1 office buiJ-ding, vi11 lose some parking but the coovalescent hospital vill noE lose any when the entrance to Peninsula Hospital is relocated. She noted the EIR noise consultant was present. Dan She11ey, EIR noise consultanE, noted he was p,ozzled by the mention of backblast as being so significant since amount of noise fron overflights as a point source is much greater. Councilrcoman Barton noted that livi-ng with the constant noise from backblast is something Burlingame residents live with daily. Councilman Amstrup vondered what ti!0e of day the measurements on noise lrere taken, Shelley replied during working hours. Amstrup noted noise is much vorse at night. Councilman Lembi asked if consideration was given to the reflection ofnolse off this project. Shelley noted if would both reflect and blocknoise, depending on where you are. Lembi wondered if it could be designed to minimize the effect of noj-se bouncing off. Councilman Pagliaro thought the frequency of flyovers as compared to the frequency of constant backblast should be measured. City Planner saidthat people who would occupy this project could be notified of airportnoise problems before they nove in. Councilman Amstrup noted his concern that. everyone rrho is interested in this proposal be notified of hearings, City Planner revj.ewed noticing procedures and asked people in audience who wished to be notified to leave their name and address. Councilwoman Barton stated she found the EIR adequate although minirnized some effects. She would like to see the project comecouncil for rev j.ew. She then noved to adopt RESOLUTI0N 62-86including findings. Seconded by Councilnan Amstrup, carried unanimously 5-0 on ro11 call vote. City Planner saidis July 21. the earliest the project could come before council ir before Councilwoman Barton complimented City Planner, her Planning Commission on the fine job they have done staff and regarding the thi s EIR. Mayor State Mangini noted the presence of Qui.nton (opp who is running for Senat or . RECESS Mayor Mangi.ni 8:43 uith all called a rece ss at members present. 8:33 p.m. The meeting reconvened at PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR SATELLITE DISH ANTENNA rOR MARRIOTT HOTEL AT 18OO BAYSHORE - RESOLUTION 63-86 APPROVING SAME City Planner reviewed her memo of June 9 in which she recommended council hold public hearing and take action. The Marriott Corporati-on, represented by Manager Steve Sharple and Keith Martin of Spectradyne, is proposing to pl-ace a 14 foot dish antenoa at grade on the souLh end of the hotel in the 30 foot wide landscaped area whlch connects the public sidewalk to the public access along the bay. The antenna irrould need a special pernit because of its size and because it is visible from the street. BCDC did not oppose the antenna. Planning Commission approved this antenna at its oeeting of May 12. Mayor Mangini opened the public hearing. SAN FRANCISCO SUPERVISOR QUINTON KOPP PRESENT 409 Keith Martin, Spect.radyne, revieued the location and size of this antenna, its color, it wiJ.l be screened with plantings and fence. Ci.ty Attorney noted thisour proposed neu antenna request would require a special- regulations a1so. permit under Mayor Mangini closed the public hearing. Councilman Pagliaro reviewed his concerns; on size, the Crowne Plaza has a nuch snaller antenna; Martin reviewed structural requirenents of this antenna, highest point rould be 18 feet; the FCC vil1 not license an antenna smaller than 4.5 meters, the size vill protect them fron interf erence. Councilman Lembi staEed council has Iooked very carefully at all anEennas and this one would have littLe inpact on citizens. He moved to uphold the Planning Comnission approval by adoption of RESOLUTI0N 63-86 including conditions. Seconded by Councilman Amstrup, carr j-ed unanimously 5-0 by ro11 calL vote. PUBLIC HEARING - APPEAL OF CARPORT AT 17 ARUNDEL DENIAL OF TWO VARIANCES FOR EXTENDING A City Planner reviewed her memo of June 9 in vhich she recommended council hold a public heari-ng and take action. The applicant, Domenic Russo represented by John Calwell, is requesting tuo variances to make a 76 square foot addition to the front of an existing carport at his home. One variance is for lack of separation between the hone and thecarport, and the second i-s for extending the addition into the required side yard. The Planning Commj-ssion denied these requests atits April 14 rueeting. Mayor Mangini opened the public hearing. John CalweLJ,, representing applicant, showed pictures of Russors home and yard, noting Russo has spent much time and energy on upgrading theproperty. He suggested that if the Chief Bui.lding Inspector chose to so interpret the code the one hour fire wa11 requirenent could be met by use of lath and plaster around the individual support posts at theproperty line. Mr. Sofos, who lives across the street, favored Russo's property but felt Russo should meet all requirements for this type of construction, the upgrading ofcurrent city codes and Mayor Manginl closed the public hearing. In response to Councilman Pagliaro, City Planner reviewed defini.tionof carport and location on this property. Pagliaro was very concerned about need for a fire wall to protect neighbor. Councilwoman Barton noved Eo uphold the Planning Commission Seconded by Councilman Amstrup, carried unanimously 5-0 on vote. denial. ro 11 cal l PUBLIC HEARING - ADOPTION OF 1986-87 FISCAL YEAR BUDGET - RESOLUTION 64-86 ADOPTING OPERATING BUDGET - RESOLUTION 65-86 ESTABLISHINC APPROPRIATION LIMIT City Manager reviewed hj-s meno of June 12 i.n which he recommendedcouncil hold public hearing and adopt the budget and appropriationlimit by resoluLions. Council reviewed the budget at its J.ast studymeeting and incorporated changes in the Library budget, raising it $32,450, and approved all other departments as reconmended. The total budget is $30,L66,922, up 8.8 percent from l-ast year. Councilman Amstrup wished to make a statement concerning the increase in Library budget; it was stated the Library would have to cut hours and needed more part-time help; he felt all departments should make every effort to keep irithin the Cj,ty Managerrs reconnended increases. Councilr.roman Barton and Councilmen PagJ-iaro and Lenbi stated they feltthe Library needed the additlonal funds for childrenrs programs and the book budget, and council had discussed this at the study meeting. 4L0 Mayor Mangini said he supported Councilnan Amstrup and City Managertsposition. Councj-1man Pagliaro moved adopti.on of RESOLUTI0N 64-86 Adopting the 0perating Budget and RESOLUTION 65-86 Establishing Appropriation Limit, Seconded by Councilnan Anstrup, who reiterated his comments above, The not.ion carried unaninously by ro11 call vote. PUBLIC HAZARD HEARING - SECOND READING - ORDINANCE L326 - AMENDING FLOOD REGULATIONS of Public Works reviewed City Engineerts memo of May 28 in reconmended council hold pubJ.ic hearing and take action by of this ordinance which will change code sections relating to and land use requirements so as to prevent or reduce flood Di-rector vhich he adoptionbuilding damage, Mayor Mangini opened the public hearing. There being no comments, the hearing vas closed. CounciLnan Anstrup moved adoption of ORDINANCE 1326. Seconded by CounciLnan Lembi, carried unanimously by roJ-1 call vote. City Attorney reviewed his meno of June 4 in which he reconnended council hold public hearing and take action. This ordinance 1s in response to councj-I direction of past study and regular meetings and is particularly designed to regulate dish antennas. It would restricE dish antennas to the rear yard r{rithin the side yard and rear yard setbacks. They rvould not exceed six feet fron the ground at any point and are installed at a location on the property vhich has the least esihetic effect on surrounding properties. They are to be screened fron view from the first floor of adjacent properties and fron view from public right-of-way within 500 feet. A use permit is requi.red. Ham and CB antennas are limited to the same area of the yard and alsorequire a special- permit. Any antenna that are fifteen feet above theroof or twenty five feet above the ground woul-d also require a specialpernit. He acknonledged receipt of letters from Yernon Howard and James Torney on the subject. Mayor Mangini opened the public hearing. Vernon Howard, 733 Plymouth Way, had concerns about costs to amateur radio operators in requiring report from engineer when antennas are built to standardized specifications and come with engineeringreports. City Attorney agreed that this type of engineering report vould be acceptable with a California engineqrrs certification. Mayor Mangini closed the public hearing, Councilnan Pagliaro suggested adding to the last section on page one the word ttpermanenttt to screening material. He asked if FCC ruling al,lows 1oca1 governments to set esthetic standards. City Attorney replied yes. Pagliaro noted this ordinance will al1ow individuals vho r{ant these atrtennas to instalL them uhile giving consideration to their neighbors esthetic sensibilities. Mayor Mangini. expressed some concern about the Tormey letter which staled anyone voting in favor of this ordinance may be 1iable. Councilnan Pagliaro moved adoption of 0RDINANCE 1327 with the addition of the word permanent as suggested. Seconded by Councilman Amstrup, carried 4-1 on ro11 call vote, Mayor Mangini voting no. ANNUAL REVIEW AND RENEWAL OF AMUSEMENT PERMITS City Attorney reviewed his neno of June 2 j-n which he recomnended counci-1 renew ttCheeksrr permit for six month period and renew alI oLher permits for one year. Several incidents have been reported by police at the Cheeks site, although there have been no recurrences since March. Therefore, he recomnended six month renewal for Cheeks. PUBLIC HEARING - SECOND READING - ORDINANCE L327 - AMENDING REGULATION OF ANTENNAS Councj-lman Pagliaro moved approval of Seconded by Councilnan Lembi, carried renevals as unanimously recommended. by voice vote. Cj-ty Attorney reviewed his meno of June 12 in which he recomroended participation in self funded pool for insurance. He noted ABAG is meeting with cities in san Mateo county to induce them to joj.n in its self funded poo1. He suggested any action be posEponed until after it is deternined whether San Mateo County cities will be joining ABAG. He recomnended joining the locaL joint povers pool with no less thaneight cities, or going without insurance. 0ur insurance consultant, Mike Patterson, was present. Patterson reviewed the currenL options available; insurance; sone type of joint pouers pooL such as the State "Super Pool,tt ABAG or San Mateo County I s Joint Power Agency I or 'rgoing bare, tt ". g. without insurance. Some of larger cit j,es would not join the pool; with ABAG there would be no local controls; some cities have extra liabilities, such as narinas or city airports, vhich woul-d be excluded from the poo1. Council directed staff report back on JPA and insurance purchase options and council may need to call a special meeting Eo consider insurance and take any necessary action before July 1, L986. City Attorney reviewed his memo of June 4 in rchich he reconmended council j-ntroduce this ordinance. At a recent meeting council deternined that delicatessans should be included within the definition of take out service and also that they should be included as restaurants in Burlingame Avenue Sub Area A and in the Broadway Commercial Area. This ordinance defines delicatessans and amends the definition of food establishments to include deLlcatessans, so that they will be counted in the linitation of restaurants. He noted that council should be aware that as proposed if a delicatessan leaves a site it could be replaced wit.h a restaurant. Grocery stores with delicatessans would be required to get a take out food permit and would be subject to Linitations if ln the Sub Area A or Broadway Area. CounciL had concerns about this ordinance allowing nore restaurants but council does rcant some controL of delis. Councilman Lembi thoughtthe purpose of this ordinance is to control litter from fast food places such as de1j.s. City Attorney said elimination of sections 2 and 4 of the ordinance would nake delis take out establishments rather than restaurants unless they have seati-ng in which case they wouLd be considered restaurants. l Councilman Pagliaro suggested the types of food delis serve revise the ordinance. putting ttand/ortt in rather than rrand . tr the definition ofCity Attorney will Mayor Mangini introduced 0RDINANCE 1328 with revisions for its first reading. RESOLUTION 66-86 INCREASING BINGO LICENSING FEES City Attorney reviewed his nemo of June 4 in whj-ch he recommendedcouncil adopt the resolution raising bingo fees. He noted a letter was received from the Burlingame Wonenrs Club rhich would havedifficuLty paying higher f ees.. City Attorney suggested clubs whichprovide no nore than $250 in prizes per day stilL pay the $10 feewhile the larger clubs pay the nev $50 fee, Councilman Lemb i above, Seconded vote. moved adoption of RESOLUTION 66-86 with the by Councilman Pagliaro, carried unanimously addition by voice CONSENT CALENDAR INTRODUCTION OF ORDINANCE 1329 IMPROPER SEWER CONNECTIONS PROVIDING FOR ABATEMENT OF Director of Public Works memo of June 9 reconrnended council adopt 4LL ALTERNATIVES TO INSURANCE FOR CITY INTRODUCTION OF ORD]NANCE I328 - REGULATING DEL]CATESSANS a. 4I2 b the ordinance as repairs. RESOLUTION PAINTING - a neans of provi.ding for private sewer lateral 67_86 - ACCEPTING COMPLETION OF SKYVIEW PRESSURE TANK JoB 523 Public Works complete the m emo above of May 29 recommended council accept asjob of painting the Skyview Water Tank. RESOLUTION 68-86 - AWARDING CONTRACT FOR RODENT CONTROL IN DRAIN- AGE AREAS - JOB 624 Public Works contract f or $11,478.50. rnemo of June 9 rodent control recommended in drainage council award thi s areas in the amount of d RESOLUTION 69-A6 RECONSTRUCTION -- ACCEPTING COMPLETION OE BAYSHORE HIGHWAY JOB 013 Public Works memo of June lL recommended council accept completion of this job for a finaL construction cost of $1, s6s,469. e City Engineerts meno of June 11 recommended council approve an agreenent with Brian-Kangas-Fou1k in the anount of $66,840. f. SPECIAL ENCROACHMENT PERMIT POR RETAINING WALL AT 845 ACACIA City Engineerrs oemo of June 11 recornmended council approve thispernit for a railroad tie retaining structure. g DENIAL OF CLAIM: MILLICENT GRANT City Attorney recommended denial. WARRANTS AND PAYROLL RESOLUTION 70-86 - AUTHORIZING AGREEMENT ENG]NEERING - ITILLSIDE/NEWTON WATER LINE FOR PROFESSIONAL - JOB 607 h Finance Director r ecomne nd e dduly audited, in the amount 66681 - 67697 for the nonth $6s4, s33. 87. approval of Warrants 30297of $1,445,549.26 and Payr ol lof May 1986 in the amount of - 30684, Checks Councilwonan Barton moved approval of the Consent by Councilnan Lembi, carried unanimousl,y by voice Calendar. vote. Seconded NEW BUSINESS - COUNCIL REVIEW OF PLANNING ACTION Councilman Anstrup asked for council review of the car rental agencyat L299 Bayshore. Councilnan Pagliaro asked for council review of the auto sales lot at 1044-1060 Broadway. Ilearings SCITEDULE APPEAL HEARING were scheduled for July 7 meeting. CONSTRUCTION FENCE ON CHAPIN Council complained street on Chap in . was there. about the construction fence projecting into the Director of Public Works explained the reason it Councilworoan Barton noted Lhat on for the first time the large Avis recent flight into SFo she noticed sign on the bay. Staff revieued c. Mayor Mangini scheduled an appeal heari.ng at the request of Rector Motor Car for denial of their sign exception. Hearing was set for July 7 meeting. AVIS S]GN 4L3 that it has been regulatlons. there for a long time, before our current sign ALUC Councilnan Lembi Franci sco on the informed council that ALUC Shearvater decision. is being sued by South San Comnission Minutes: Planning, June 9; Beautification, June 5;Library Board, llay 20, 1986. Police Report, May 1986. Treasurerrs Report., May 31 , 1986. Letter from Mr. and McRoskey. Mrs. Short commendj.ng Park employee Callie Letter from Chamber of Coronerce regarding J,ack of liability insurance and copy of city rider for coverage. Letter from Mr. and Mrs. (1ein in support of Sequoias project. Proclamation for Bobby Sox Days, and letter from Maureen Marshallregarding Bobby Sox tournament, July 12 through 23. b c d f h l- Notice of Public Hearing airport noise standards on Novenber 10 regarding variance fronfor SFO. a and from Amfac hotel.s regarding thein fees for courtesy hotel shuttLes. staff write letter to airport objectlng Letters from Crowne Pl azairport I s proposed raise Councilman Amstrup asked thatto this raise in fees. ADJOURNMENT The meeting k,as regularly adjourned at 10:32 p.n a ,+,-' JudiEh A. Malfat EiCity Cl erk e. ACKNOWLEDGMENTS a.