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.