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HomeMy WebLinkAboutMin - CC - 1985.06.17264 BURLINGAME, CALIFORNIA June L7, 1985 A duly noticed, regular meeting of the Burlingame City Council was held on the above date in the City Ha11 Council Chambers. The meeting was ca11ed to order at B p.m. by Mayor R. David Martin. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Director of Public Works, Ralph Kirkup. ROLL CALL the Regular Meeting of June 3, 1985 and the Study Meering 1985 were approved. SCHEDULE APPEAL HEARINGS COUNCI LMEMBERS COUNCI LMEMBERS MINUTES Minutes of of June 5, Mayor Martin and scheduled 1. Outdoor 2. Exerclse PUBLIC HEARING _ ADOPTION ADOPT]NG OPERATING BUDGET LIMIT FOR GANN INITIATIVE PRESENT: ABS ENT : acknowledged receipt of two lettershearings for Ehe meeti-ng of July 1 seating at Ferialrs De1i, 840 class use at 1208 Donnel1y. AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO NONE requesting appeals f or: Stanton Road. OF 1985_86 BUDGET RESOLUTION 59-85 RESOLUTION 60-85 ADOPTING APPROPR]AT]ON Mayor Martin turned Lhe chair over to Budget Chairman AmsErup whoreviewed that council had discussed the budget at it.s last StudyMeeting. He stated the budget will keep city services aL a high1eve1, repair sidewalks, streets and sewers. He complimented the City Manager and the Finance Director on doing an outstanding job on this budget. Budget Chairman Amstrup opened the public hearing. Roy [r/e1ch, l-4L Costa Rlca, requested something be done about the bikeway in the bayfront area. He noticed that there are funds allocated for bikeway for the Skyline area but he rides in thebayfront area and the paths are in poor repair and have been blockedor moved in some areas. Director of Public Works reviewed that city has received a grant for the Skyline bikeway; city has exchanged some property with a hotel and caused the moving of the bikeway in the bayfront area; it will berepaired and funds are available. Budget Chairman Amstrup closed the public hearing. Councilman Paglj-aro reviewed his concerns about the budget; capital improvements are up nearly 40 percent; funds are being expended in the Anza Area which will not directly benefit the citizens of Burllngame; the new freeway exit will be funded almost entirely by city; only $200,000 is budgeted for sidewalk repairs; spending too much in hotel area, he knows Ehey are good neighbors, but they are costing city alot for poli-ce, fire, sewers, streets; he would like to see more services for the people of the city. Councilman Mangini said he understood Pagliarots position hotels have paid a great deal for these improvements; city large percentage of its money from that area and it has to that area with its share of services. but the gets a provide CALL TO ORDER I I F t 265 Councilman Amstrup stated Councilman Pagliaro had noted the same concerns at the last budget hearing; the capital improvement program has been discussed by council but it is n'ot cast in stone; the hotels are important to this city, they have the finest fire protection systems and they provide t.heir own security patrols; the money hotels bring into the city come from visitors to this area and not from Burlingame citizens; he j-s grateful the city has the hotels. Councilwoman Barton did not want to see the public misled by saying we are only spending $200,000 on sidewalks; city is moving as fast as it can on these improvements; income from the hotels provide the funds f or servi-ces to the public. Mayor Martin noted he could find nothing wrong with this budget; the five year capital improvement program is constanEly revisedl the Anza Area is getting more than its share but the hotel tax pays for it, it's not coming out of the citizents pocket; hotels bring in good income and we have to spend money on them; he noted this city was the only city to return the State bailout to lts citizens for two years in a row; the city will be recapturing money from the Ar.za Area for improvements there; he mentioned he has never had a sidewalk at his home; he congratulated staff and council for the fine budget. Councilman Mangini moved adoption of RESOLUTI0N 59-85 Adopting 0perating Budget for Fiscal Year Ending June 30, 1986. Seconded by Mayor Martin, carried unanimously 5-0 on ro11 call vote. Councilwoman Barton moved adoption of RESOLUTI0N 60-85 - Establishing 1985-86 Appropriation Limit for City Pursuant to Article XIII of the California Constitution. Seconded by Mayor Martin, carried unanimously 5-0 by ro11 call vote. Budget Chairman Amstrup thanked council, City Manager, Department. Heads and the new Finance DirecLor for the excellent budget. Councilman Mangini complimented Budget on the budget. Chairman Amstrup for his work POLICE DEPARTMENT HEROICS Mayor Martin complimented the Police Chief department j-n chaslng criminals into other other cities to be responsible for arrests on the knack of his cities thereby causing the and trials. PUBLIC HEARING - SIGN PERMIT FOR MARRIOTT HO'IEL 18OO BAYSiIORB City Planner reviewed her memo of June LZ in which she recommended council hold public hearing and take action. Marriott Hotel is requesting a sign exception for a proposed sign program. The exceptions required are for the North lla11, a sign over 48 feet from grade and larger than 75 square feet; South hla11, establish south wa11 as secondary frontage, sign over 48 feet from grade and larger than 75 square feet; and East hla1l (bayfront), establish bayfront as secondary frontage, sign over 48 feet f rom grade and larger than 75 square feet. Planning Commission voted to approve the north and south wa11 signs but denied the bayfront sign. Mayor Martin opened the public hearing. David Babich, Director of Marketing for Marriott, requested council reverse the Planning Commission; defined secondary frontage; need to derj-ve business from the airport; need to identify the hotel; Burlingame is in competition with neighboring cities and needs to idenEify its hotels; new office buildings will require more hotel use; thinks the bayfront should be considered frontage as it is a public pedestrian/Aicycle right-of-way; signs should be strictly controlled on bayfront but should be a1lowed. Tom Heaton, resident, spoke in opposition. Council should reject all signs on bayfront; people on airplanes do not need to see the hotel signs, they already have reservations. Mayor Martin closed the public hearing. II { J II {I I I I 266 Mayor Martin said he supports the hotels and wants them to be successful; he thought the Crowne Plaza would look better with on bayfronL side; perhaps the issue of bayfront signage should discussed; perhaps logo should be allowed on bayfront; Marriott is tasteful and he would go along with granting the exception. Councilman Am.stru.p'a.greed this coul.d not be allowed afterhave been denied; agreed the bayfront signage issue might and logos might be considered forfacing the bayfront astravelers know logos of hotels. Councilman Mangini disagreed; perhaps bayfront signage should be looked at in future but he couldn't support this proposal. Councilwoman Barton staLed she rides her bike in bayfront. area and can see the Crowne Plaza signs from, all directions; if bayfront signage is allowed Burlingame wi1.1 be billboard city; cantt a11ow for one hotel and not the others. a sign be sign othef hotels be studied most Councilman Pagl j-aro said they are asking f or too mirch signage, hlmosttriple the allowed signage. Councilman Mangini moved to uphold the Planning Conmission actiondenying the sign exception. Seconded by Councilwoman Barton, carried4-L on ro11 call vote, Mayor Martin voting no. PUBL I C CAMINO HEAR ING REAL APPEAL - CONDOMIN]UM PERMIT FOR PROJECT AT 1437 EL City Planner reviewed her memo of June 12 in which she recommended council hold public hearing and take action. Applicant is requesEing a condominium permit for a six unit residential condo at L437 Ef Camino Real and a varlance to the required sideyard setback. Because of Lhe design the bay windows at the second and third floors extendtwo feet into the required six foot sideyard setback. A four footpublic utilities easement para1le1s the property on thaE side of t.hebuilding. 0ur zoning code requires the sideyard. seLback be increased one foot for each f1oor, therefore a three story structure r.equires asix foot sideyard setback, whereas the flrst floor would only requirea four foot setback. The pri-mary issue is the presence of the utilityeasement. Applicant argues that the easement provides more than the open space required therefore. the bay windows should be a1lowed. CityPlanner noted a fence could only be put oh the property line four feetfrom the building Mayor Martin opened the public hearing. Manou Movassate, applicant, advised council he would like to installthe bay windows to 1et more light into the units and make them moreattractive; he felt the easement gave more room and open space; alsothe city is requiring a four foot access easement in Eheir sideyardfor maintenance'access to the adjacent utilities easement. Mayor Martin closed the public hearing. In answer to council questions Dj-rector of Public Works reviewed thatthere is an existing four foot utility easement and the city has askedfor another four foot maintenance easement alongslde that for easi-er access to the utilit.y easement; the bay windows are proposed for the second and third floors, not the first; the cityrs maintenance easement is needed for easier access and worki-ng room in the utility easement, city would not be putting any utility on the maintenance easement. Mayor Martin noted this building covers almost all the 1ot, should not have anythlng in the sideyard setback; the building will look huge. Counci-lwoman Barton moved to She said it j-s a very narrow statements. Motion seconded Councilman Mangini reviewed four foot easement from this existing utility easement.. uphold the Planning Commission denial. 1ot and agreed with Mayor Martinrs by Councilman Amst.rup. ' that the city is asking mants property next to an additional cityrs for the 267 Motion carried 4-L on ro11 call vote, Councilman Mangini voting no. PUBLIC HEARING RESUBDIVISION OF VARIANCE FOR AT 1480-1510 APP EA L TWO LOTS LANDSCAPING REQUIREI'IENTS FOR ROLLINS ROAD City Planner reviewed her memo of June L2 in which she recommended counc j-1 hold public hearing and take action. Appli-cant, the Coen Company, is requesting a variance to required landscaping so that they can divide the property into tlro parcels. Zoning in M-1 requires that 10 percent of a site be landscaped. After this property is divided, L.2 percent of the 1480 site will be landscaped and 3.7 percent of the 1510 site will be landscaped. There is sufficient land area to meet the required landscaping as well as required parking on both sides. Planning Commission approved the landscaping variance for 1480 to allow B. 8 percerit landscaping. trlilliam B. Jackson , tenani at 1480, appealed the decision because landscaping would requi-re removal of the front parking spaces his firm uses. The applicant, Coen Company, also appealed objecting to conditions placed upon the approval of the resubdivision. City Planner poinLed out that the subdivision maps are on the agenda's Consent Calendar tonight. Mayor Martin inquired 1f the maps could be approved tonight subject to any changes approved. City Attorney replied yes. Director of Public Works reviewed for council the creek runs through the property between 1480 and 1510; box culverL is used as a driveway and access between properties; during high tides the creek overflows and a condition has been placed upon approval that berms along creek banks be improved; city is also asking for an easement along creek for maintenance. Mayor Martj-n opened the public hearing. Lage Anderson, attorney representing Rollins Road/Coen Company, stated at issue is the requirement that 10 percent landscaping be required for each parcel; parcels were developed 20 years ago, they conformed then and are much more attractive than other parcels in area; purpose of landscaping requirement is to make parcel more attractive, but you can't move these buildings; request landscaping be placed at rear; tenant at 1480 will lose four parking spaces; at 1510 there is room for landscaping along David Road side; urrfair to take useful propel:Ly and take out parking for landscaping when iE wontt be see11. In answer to councj-1 questions, City Planner landscaping can be placed anywhere on 1ot. must be in front.. Chang clarified there is 10 foot public access on the creek is 16 feet wide with an access easement. Mayor Martin closed the public hearing. Councilman Pagliaro stated the buildings are ugly PG&E towers there, landscaping would not help and would like landscaping along David Road and along have landscaping in front with perhaps a driveway noted the 10 Code does not percent specify it Young Chang, Coen Company; Bill Jackson, tenant at 1480; Dave B1ack, Coldwell/Banker realtor; Jim White, Rollins Road Company; reviewed that property sale is in escrow pending council approval; agreed they could put landscaping along David Road; requested council allow the four parking spaces to remain in front; his business depends on this parking area; has a buyer for 1510 Rollins Road si-te; would like to keep parking area in back; reviewed this is a 1ow populated area, at rear is an auto storage yard, at one side is creek with iceplant on banks, on other side is parking 1ot. Counci-lwoman Barton noted she had been to the site, UPS on one side has a row of trees down the side which is very attractive, perhaps the applicants could do the same to meet their landscaping requirement; should leave the four parking spaces 1n front for the tenanLs, it would be a hardship to remove the parking; puL landscaping at rear and side instead. the south side and in rear with the would not be seen; creek; 1480 should but no parking. It 268 Other council memberst comments: think parking spaces in front of 1480 should be allowed as there is 1itt1e parking available on street; Councilwoman Barton noted on weekend there was a fl-ea market across the street and that the landscaping at the AFLCI0 building.is in poor condition; we must uphold the landscaping requirements in that area. Mayor Martin requested one condition be changed on'the map approval;j-nstead of requiring they join assessment district for creek improvement, we should require that they agree not to oppose the assessment district. Councilman Mangini moved to sustain the Planning Commission with the additional condition that the four parking spaces can remain in front of 1480 building by amending condition 3 to read: that 4,550 square feet of landscaplng be provided and maintained on site (including 640 square feet 1n the right-of-way) at 1480-1492 Rollins Road. Seconded by Councilwoman Barton, carried 4-l on ro11 call vote, Councilman Pagliaro voting no. RECES S Mayor at 10 Martin declared a recess aL 9:50 p.m. The meeting reconvened p.m. wit.h all members present. PEABODYIS - 1819 EL CAMINO REALAMUSEMENT PERMIT FOR City Attorney reviewed his memo of June 10 in which he recommended council hold a hearing and take action. Peter Reines, owner of Peabodyts, is requesting an amendment to his amusement permit for dancing. He would like to offer men's night and ladiesrnight at his cocktail lounge on Tuesday and Wednesday from B:30 to 10 p.m. Mr. Rej-nes was present to explain that this would involve ladies dancing for men and stripping to bikini bathing suits on men's night and men dancing for women and stripping to bikini on ladies night. He showed photos of the dancers. Reines also had both a male and female dancer with him to review their routine. Council discussion: is there any contact between customers and dancers, dancer replied none other than tips received from customers hand; there will be no topless or bottomless dancing; average age of customers is between 24 and 57; if permitted should be for minj-mum tj-me; customers should not be allowed to dance with performers. Clty Attorney reviewed that this type of dancing court under the First Amendment as free speech. Council inquired of Police replled no more than usual has been defended in if there have been any complaints; he bar . Mayor Martin asked for any comments from audience. Speaking agalnst the permit were Steve Musich, property owner in Burlingame PLaza; Bill Green, 1530 E1 Camino; Dennis Bennett, business owner in PLaza. They stated this is a sex show; because of shorL notice of this hearing the property owners have not been able to meet on the question; has experienced problems with Peabody's, bottles broken in parking 1ot, windows broken; urged council prohibit; this i-s degrading to women; damaging to adults and children; have experienced problems with customers of Peabody's when working late; have found tire strj-ps on sidewalk; customers sitting in parking lot drinking beer, si-tting on car hoods. Chie f for a Female dancer showed photos of dancers and stated it is a clean show. Mayor Martin closed the hearing. Councilman Pagliaro requested city have photos for description of costumes for the record. He stated he would vote against this permit because personal experience has shown him the problems this type of entertainment can cause. 0ther counc i1 entertainment members stated although Lhey also object, this type of is protected by the First Amendment as free speech. F I t t t >t L F F I( l 269 I 1 Councilwoman Barton sai-d this dancing is not as bad as the violence shown on television. She moved to grant the Amusement Permit for a period of 60 days for ladies nights on Tuesday and mens nights on Wednesday from 8:30 to 10 p.m.; that the parking 1ot be kept clean; that performers not dance with customers; that customers not touch dancers; that dancers wear not less than bikinis as illustrated in the submitted photographs; thaL men and women dancers not perform together. Seconded, reluctantly, by Councilman Amstrup. Motion carried 4-l on ro11 call vote, Councilman Pagliaro voting no. REVIEI4/ OF NPDES PERMIT FOR WASTEWATER TREATMENT PLANT City Manager revi-ewed the Director of Public hlorks memo of June L2 in which he listed the differences in the new discharge permit which is scheduled for hearing before the RWQCB on June L9,1985. The permit includes tighter discharge requirements which may requi-re additional disinfection equipment and a tj-me schedule for improvements to be made to prevent wet-weather overflows. Total cost of improvements would be $10 mill-ion in the next five years. Grant funds will hopefully fund about 50 percent of this tota1. REVIEIi OE NUMBER OF MANEUVERS TO ENTER OR EXIT PARKING STALLS City Planner reviewed her memo of June L2 with Planning Commissi-on recommendations to change the city code Lo require no more than three maneuvers to enter or exit a parking sta11. Council directed CALENDAR City Attorney to prepare an ordinance to that effect. CON S ENT Councilman Pagliaro requested discussion of i-tems ttc Acceptance of Improvements at 2740 Summit Drj-ve.tt He noticed that the construction costs had increased from $14,660 to $L8,742 and wondered if thej-nsurance company woul-d pay this a1so. Director of Public Works stated the insurance carrier has been mosL cooperative and he saw no problem with the additional cost. Director of Public Works also requested discussion of item t'f - Parcel Map for Resubdivision of Two Lots at 1480-1510 Rollins Road.r' The applicant had requested during the recess that city a1low them to place bond for installation of landscaping unEj-1 they can improve the property which will not be for another year or two. Council was in agreement to a11ow a period of not more than one year and only for the landscaping along David Road; the remainder of the landscaping must be installed now. a INTRODUCTION OF ORD]NANCE 1305 FEES REVISING BAYFRONT DEVELOPMENT City Managerts memo of June 11 recommended council introduce this ordinance to increase the Bayfront Development Fees as discussed at the previous study meeting. This will increase the fees approximately 50 percent to pay for roadway improvements. RESOLUTION 61_85 SWIM PROGRAM AUTHORIZING AGREEMENT WITH YMCA FOR SUMMER Director of Recreationts memo of June 3 recommended council- approve this contract for swimming lessons to be conducted at Burlingame High School pool this summer. b C RESOLUTION JoB 411, 62-85 ACCEPT]NG COMPLETION OF SUMMIT DRIVE SEWER City Engineerts memo of June completion of this job which insurance company. L2 recommended council accept will be paid by property owner'S I I I if II II rIi { i{ { 1Il{l I d RESOLUTION 63-85 REPAIRS _ JOB 244 ACCEPTING COMPLETION OF ARGUELLO LANDSLIDE City Engineer t s memo of June L2 recommended council accept completion of this job by Pfister Excavating Company with an additional cost of $4,464,27 from Contingency Funds. DENIAL OF CLAIM HOt^/ARD AND FRANCES ELFANT City Attorney's memo of May 31 recommended denial. FOR RESUBDIV]S]ON OF TWO LOTS AT 1480-1510APPROVAL OF PARCEL I.,IAP ROLLINS ROAD AS AMENDED City Engineerts memo of May 29 recommended council approve this tentative and final parcel map with the additional condition t.hat t.hey have one year in which to landscape to 10 percent 1510 Rol1ins, including the David Road frontage APPROVAL OF TENTATIVE CONDO MAP AT 1437 EL CAMINO REAL AS AMENDED f e o6 City Engineer's memo of map subject to condiLion recommended council approve the and excluding the bay windows. June 12listed h. YEAR END APPROPRIATION TRANSFERS Finance Director I s memo of June 17 recommended council approve transfer of $12,000 from General Fund to Finance Department salaries; $20,000 from unreserved Sewer Fund to sewer plant contributions; $10,000 from Engineering and $14,000 from [,Iater LoCapital Projects. i. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 25668 duly audited, in the amount of $1,128,546.84 and Payroll 58662 - 59325 for the month of May 1985 in the amount of $610 ,3L0.24 . Councilman Mangini moved approval of the Consent Calendar. by Councilman Amstrup, carried unanimously by voice vote. 25989, Checks NEI4I BUSINESS _ PURCHASE OF PERSHING SCHOOL Mayor Martin stated the city and the Burlingame Elementary SchoolDistrict have reached agreement on the sale of Pershing School for $425,000. Councilman Mangini moved adoption of RES0LUTI0N 64-85 -Accepting Grant Deed, and RES0LUTI0N 65-85 Accepting Quitclaim Deed, for the purchase of Pershing School. Seconded by Councilman Pagliaro, carried unanimously by ro11 call vote. LAW SUIT SETTLEMENT Seconded authorize increase in approval of the Barton, carried City Attorney's memo of May 31 requested council settlement to $20,000. Councilman Mangi-ni moved increase in settlement. Seconded by Councilwoman unanimously by voice vote. ACK N OI4ILE DGMEN TS Commission Minutes: Traffic, Safety and Parking, Service, May l41' Library Board, May 2L; Planning, 9; 10 a May June Civil , 1985. b C Proclamation: Sending Greetings Chorale of College of San Mateo. to China Through the Masterworks Letter from Superintendent of San Mateo Union High School Distrlct requesting support for high school athletic programs. Manager suggested council takeCity d.Letter from Linda Kunz for aid. this request to a Study Meeting. Water Department worker Santinothanking 270 27r Mayor Martin requested copy of this letter go into Personnel fi1e. regarding minor modification at II32e.City Planner Letters of commendation J. Dao of Troop 156. to Eagle Scouts Joseph G. Ken and Jeffrey g. Treasurer t s Report , May 31, 1985. Police Report, May 1985. Letter from GTE employees regarding lack of crosswalks in Bayf ront area. Council suggested a letter go to Caltrans since part of the area employees are talking about is over freeway and also a letter go GTE Sprint asking why they don't provide some transportati-on for employees. the to their Memo from Dufferin. f h i CLOSED SESSION Council adjourned to a Closed Session on labor negotiations at ll:02 p.m. ADJOURNMENT The meeting was regularly adjourned at Ll:12 p.m. t6W Judith A. Malfatti City Clerk 1