HomeMy WebLinkAboutMin - CC - 1979.06.04361
BURLTNGAME, CALTFORNIA
June 4, L979
CALL TO ORDER
A regular meeting of the Burlingame
above date in the City Hal1 Council
to order at 8 a 05 by It{ayor Irving S.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by John R
ROLL CALL
Yost, Assistant City Planner.
Citv Council was held on the
Chambers. Meeting was ca1Ied
Amstrup.
AMSTRUP, BARTON, MANGINI, MARTIN
CF.OSBY (Excused - death in family)
Minutes of the study meeting of May 18, L979 and the regular
meeting, May 2L, 1979 were approved and adopted, after addition
to study meeting minutes that Councilman l4artin did not participate
in discussion of Sheraton Parkinq Land because of possible conflict
of interest.
POLICE STATION CALIFORNIA DF.IVE
I1ayor Amstrup commented on publicity associated with the possible
location of the police station on California Drive. For clarity of
public information, he pointed out that the idea was that of an in-
terested citizen, A1 Molakidis, and the Council is considering its
feasibility.
PRESENTATION
I. I\,IR. WALT GILLFILLAN, PROJECT }4ANAGER: PROGRESS REPORT AIRPORT
JOINT LAND USE STUDY.
l.It:. GillfilIan reported that workshops and cities' staff work has
helped defj-ne problems. Primary problem is noise, specifically
noiie at night. Technologlz will provide noise relief, but in-
creased activity will nearly offset that gain. His presentation
covered three main areas:
Noise mitigative options under consideration:
a. Establishment of "night flow" of traffic for entire Bay
area. Air traffic much less complicated after I0:00 P.
I
l,l
b Use of P*unway 28 instead of Runway 1 at night.
Runway I0 departure. Extension of R.unrvay 1 to
Use of diagonal runway for departures only.
Use of
the north.
Establishment of minimum altitudes for night flights.
Curfew eliminating cargo ftights from 10 P.M. to 7 A.I4.
Establishment of landing fee schedule that would make com-
pliance with noi-se mitigation measures econornically feasible.
2. On-airport land use alternatives
a Attempt to contain all airport expansion within its present
boundaries. Involves bayfill and development west of Bay-
shore.
c
d
e.
Off-airport actionsinto communities
3 corrective measures. Airport expands
< vfr"nffin4
COUNCIL MEMBERS PRESENT :
COUNCIL },I3MBERS ABSENT:
MINUTES
362
a.
Council discussed
made of the Papan
Joint Powers Board
Airport creates noise but also creates dollar relationship
with communities. How can community and airport work
together to lessen airport noise? Purchase of environ-
mental easements? Soundproofing of residential properties?
report and questioned Mr. Gillfil1an. Mention was
proposal to park BART trains on airport property.
has ask-ed for specific report on this proposal.
Councilman Martin read letter from Mr. Eaton of Airport Commission
regarding progress on noise abatement, with particular reference toaircraft-specific noise monitoring systems (computer tie-in whichidentifies not only aircraft but the airline. )
At conclusion of discussion Mr. Gillfillan i-nvited Council to com-
munity workshop to be held at Skyline College on June 76, L979.
CTTIZENSI PETITION ''TO SAVE PERSHING PLAYGROUND.''
Council received petition carrying 278 signatures urging them tobuy Pershing School playground from Burlingame School Board. Alsoreceived, dated June 4, 7979, was excerpt from Burlingame Planning
commission minutes of April 23, 1979 reporting that commissiontsaction in determining this school to be in the R-I zoning districtand that disposition of this site for those purposes permitted inthe R-1 District would be in conformance with the General Plan.
city Managrer's memo of May 30, 7979 informed council that thedeadline for proposals to School Board has been set for June 30,\979. The City could propose its interest in the two lots, andthe School Board would have to decide if it wi-shes to selI themseparately.
City Attorney reported that the Schoo1 Board's appraiser had notyet completed his appraisal, so no price is possible for a coupleof weeks. He stated he would have a progress report by the nextcouncir meeting. rn response to council question, he confirmedthat a School District could overrule any determination of non-conformity made by the Planninq Commission. After some discussioncouncil agreed the schoor Board should be informed of city's pre-Ij-minary interest. Mayor Amstrup announced this subject wouldagain be considered at the meeting of June 18.
HEARING
1. APPEAL OF MRS. HELEN LAZZARI,
HOME OCCUPATION LICENSE DENIED BY
2344 POPPY DRIVE, CONCERNING
PLANNING COMMTSSION.
City Attorney revj-ewed his memo of lr{ay 22, \979, reporting thatMrs. Lazzarits home occupation of qivinq swimming lessons to youngchildren at 2344 Poppy Drive had generated complaints over theyears which City had handled administratively. parking j-mpacts
had been mitigated, and main complaints have been noise. At apublic heari-ng before the Planning Commission on May 14, 1979, her
home occupation business license had been denied. He reviewed Mrs.
Lazzarit s hours of operati-on, noting that she " . utilizes a
technique which often results in initial crying and frightened re-action from the sma11 children. " He reviewed the requirements ofa home occupation license, specifying two which appear to beviolated by this use: "The use creates no additional traffic andrequires no additional parkino spacerr and "The appearance of thedwelling is not changed nor are the residential character oraesthetics of the district affected. "
Mayor Amstrup opened public hearing on this appeal.
Mrs. Helen Lazzari addressed Council, reviewing the operation ofher school. In part, she noted the crying which neighbors ob-jected to is only lhs first 2 - 3 lessons until the youngster is
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363
accustomed to the water. She noted she does have the radio on to
soothe the children. She said there are no longer any traffic
problems, and cited the value of her lessons to children's 1ives.
She reviewed the attitudes of neighbors who signed petition against
her; and told Council she was asking only for a thirty day ex-
tension of her permit. She uses the money to pay baby sitter fees
for her four children in order to take classes in nursing at CSM.
Mrs. Lazzari stated that children are introduced to water by
gently "dunkingr" and cry for only 2-3 lessons. She played a tape
recording of a lesson for benefit of Council. She stated the
"Seven-day week" lessons reported were just before she went on
vacation in order to finish uP.
Mr. Mike Lazzarir husbg4g^pf.Mrs. Helen Lazzari, addressed Council
describing in detaif/bfl'ffi-at" fre considered neighborhood harrassment.
The following people spoke in favor of the permit extension, citing
value of swimming lessons to their children, falsity of statements
regarding excessive noise, effectiveness of Mrs. Lazzari's methods,
ur6. Laziari's cooperation with the City in the matter of traffic
and parkirg, and the neighborhood personality conflicts resulting
in complaints:
Dave Diamond, 2104 HaIe Drive
Lynn Ke1ly, 1524 Alturas
Liz Dossa, 103 BeIla Vista, Hillsborough
Louise Nelson, L42 Newton Drive
opponents of this permit then addressed the council.
clirded:
They in-
Donna Parke, 2348 PoPPY
Wm. Parke, 2348 PoPPY
Gertrude Lunsman, 2340 PoPPY
Joseph Pijas, 2309 Adeline
John N. Holmes, 2307 Adeline
A11 insisted there had been excessive noise for a long period of
time; they had been very patient, but it vras no longer possible to
endure the situation; they do not object to family use of pools
but to the commercial aspe-t; and several cited health needs for
quiet.
Ms. Ann l{ori, Peninsula Sports Center, in a neutral statement,
pointed out to Council the value of swimming as a life sa'ring
i.u.=rt., and the fact that, there is now no public pool in Burlingame
which offers instructions.
At this time, Mrs. Lazzari was offered the opportunity for rebuttal.
She decried- neighborhood criticism, and offered to discontinue the
radio entirely, ind teach only children and adults who had pre-
viously had lessons.
There were no further public comments and the public hearing was
declared closed.
Mrs. Lazzari answered rrarious questions from Council concerning her
Iessons, and affirmeC she vras not able to rent a pool in another
Iocation for her enterprise. Council asked if her neighbors would
be satisfied with t.he 30 day extension with the two considerations
of "*p.=ienced students and no radio. Audience response from op=
ponenls of the permit was that no permit extension could be toler-
ated in anY case.
Councilwoman Barton moved that the Planning Commission decision
be upheld, seconded by Councilman llangini'
There vras further Council discussion to the effect that this
neighborhood dispute and some compromise should be reached- There
was Council suggLstion that if l{rs. Lazzari- wished, she could make
even more aistrlinance with private family use of the oool than ';rith
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364
the lessons. It{rs. Lazzari was asked if she could make sufficient
funds before the 30 day extension, and replied she would have to
teach seven days a week.
l4otion carried on unanimous ro11 call vote of members present.
Mayor Amstrup announced that Mrs. Lazzarj-'s lessons would terminate
as of June 30, 7979.
RECESS
A short recess was declared
reconvened.
at 10:00 P.M. after which meeting
STAFF }4EMORANDA
I. CITY MANAGER:
BROADVilAY, SUNDAY,
BROADI^IAY I\IERCHANTS I ASSOCIATION REOUEST TO CLOSE
AUGUST 12 FOR FUND RAISING ACTIVITY
Broadway Itlerchants Association letter of May 30, 1979 requestedpermission to close Broadway to vehicular traffic from Chula Vistato El Camino Real on Sunday, August 12, L979 from 6:00 A.tI. to6:00 P.M. for the purpose of a flea market type fair.
Insurance
assured.
and coordj-nation with Po1ice and Fire Departments was
councilwoman Barton moved the request of Broadway l4erchantsAssociation be approved, second b], Councilman Mangini, carried on
unanimous vote of members present.
2. CITY MANAGER:
ENGINEERING STUDY,
PROPOSALS FOR PRELIMI}IARY ARCHITECTURAL AND
POLTCE FAC]LITY, CALIFORNIA DRTVE
city Manager's memo of June L, 1979 attached proposals from thefirms of : Del,ong, Howell, and Associates, 819 Mitten p.oad,
Burlingame; and Steinber Associates Architects | 1737 North FirstStreet, San Jose. Mayor Amstrup announced interviews with thesetwo firms woul-d be conducted at 7:30 P.I,l., ItTed.nesday, June 6,before the study meeting.
3. CITY ATTORNEY: WORKERSI COMPENSATION ADMINISTRATION
City Attorney's memo of May 31, L979 cited instances of difficult-ies with Employers Self-Tnsurance Servi-ces in the adminj-strationof llorkersr Compensation. He reconunended a chanoe in admj-nistratorseffective July 1, 1979, for the sake of efficiency; and suggestedthe firm of Gates I{cDonald Company, 1330 Broadway-, Oaffana]- Theirfee would be $6,000 a year. Attached to his memo was proposal fromthis firm.
Council agreed to adminlstratj-ve change.
would present formal agreement for theirof June IB, 1979.
City Attorney stated he
approval at the meeting
4. ASSISTANT
CANYON COURT.
CITY PLANNER:
REQUESTED BY
REMOVAL
SHOi\rKf K
oF 18' HETGHT LrMrT LOT l-, MrLLS
JADALLAH OI,'INER.
Assistant City Planner's memo of June 4,7979 reviewed this request.
Mayor Amstrup set hearing for the meeting of June 18, L979.
5. APPEAL - PLANNING COMMTSSTON SPECTAL PERMTTS FOR 1008/L006
AND 1016 CAROLAN AVENUE, I{EETTNG OF MAy 30, 1979.
Letter of June L, 1-979 from l4ike Harvey Oldsmobile and letter
undated from Concerned Citizens of Burlingame, undated, appealedthis decisj-on of the Planning Commi-ssion. Mayor Amstrup sethearing on this appeal for June 18, L979.
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CONSENT CALENDAR
1. LIABILTTY CLAIM FILED BY STEPI{EN LYONS.
l,lemo of May 22, L979 f rom City
Kautz & Company on this c1aim,
Attorney attached report from R. L
and recommended its denial.
REAL. PECOI4M.ENDED BY PLANNING2. FrNAL PARCEL MAP, 977 EL CAIIINO
COMPIISSION I^IITH CONDITIONS .
PGSOLUTION NO 34-79 "RESOLUTION AUTHORIZING EXECUTION
sunoffiD ACCEPTING DEDICATION OF EASEMENT
EL CAMINO REAL''
3. RESOLUTIONS:
a. RESOLUTION NO. 35-79 ',ORDERING
OF
977
DESTRUCTION
A NUISANCE
OF NOXIOT]S
IN THE CITYAND DANGEROUS I^TEEDS
OF BUP.LINGAI.{E''
AND RUBBISH,
b. FESOI,UTION NO 36_79 ''ESTA.BLISHING FEE SCHEDULE FOR PUBLIC
I,{ORKS DEPARTIvIENT PEPJ4ITS "
F"ESOLUTION NO. 37-19 ''A}'IENDI}IG OPERATING AND CAPITAI, IM-
OF BUP.LINGAME, FISCAL YEAR ENDING
JUNE 30, 1979"
d. RESOLUTION NO. 38-79 "AI.ITHORIZING EXECUTION OF JOII{T
EXERCISE OF
COVERAGES ''
POVIERS AGREEI.TENT FOR LIABILITY I}JSURANCE
c
e. RESOLUTION NO. 39-79
THE BURLTNGAI\4E LIONS
CITY STREETS, SUB'TECT
OF TFANSPORTATION''
RESOLUTION GRANTING PERMISSION TO
CLUB TO CONDUCT A FOOT RACE UPON
TO APPF.OVAL BY THE STATE DEPARTMENT
4. ORDINANCES INTRODUCTION
a ORDINANCE NO. 1150 ''OR.DINANCE ESTABLISIIING TI^IO-HOUR PARKING
LI},IIT ON
TROUSDALE
EASTERLY FP.ONTAGE ROAD OE EL CA}4INO FEAL FROM
DRIVE TO I\IURCHISON DRIVE"
b. OP.DINANCE NO. 1151 "ORDINANCE ESTABLISIIING DF:VELOPMENT
FEES FOR R-OAD I}4PROVEMEI.]TS il
c ORDINANCE NO LL52 ''ORDINANCE ALLOI,^II}IG GASOI,INE STORAGE
FACILITIES IN cgp.tatx zoNES
OR"DINANCE NO. 1153 ''ORDINANCE PROVIDING FOR COiVIPACT CARm"
r
d
Councilman Mangini moved approval of the
woman Barton second, carried on unanimous
present.
consent calendar, Council-
ro11 call vote of members
UNFINISHED BUSINESS
1. RESOLUTION "AUTHORIZING EXECUTION OF I{ALL OPENING AGREEMENT,
trOX }IIALL CENTER. ''
Assistant City Planner reviewed past history of the Fox MalI, dt
the time of aiplication projected for two buildings connected by a
conrmon wail, on two lots, aid a contribution of $5,000 for parking
from the developer for the two lots predicated on one parking space
deficiency for Lach building. This deficiency calculation was based
on excess lot coverage of the two Iots. Present application by new
owner for a waII opening in a four-hour fire wa1l so that a restaur-
ant may be accomrnodated across the front raises the question of
whether or not this should be considered one building- If so, the
building area would. be excessive and would require parking contribu-
tion. issistant City planner estimated total area would be between
25,000 and 31,000 SF; depending upon whether no walkways are in-
cludedi 44" walkway is Lsed; or lQr walkway is used. Courtyard in
middle of building is not included in calculations. The building
ry T-Fq- tToF ffi F,'-tln@-FyZt ffi ', rfr ,r !4,z' I*7- !,.,m:a . t,-
366
would exceed 15,000 SF area by rnore than 10r000 SF, suggesting a
parking requirement of at least 34 spaces at current price for
developerrs share of $3,149 for each space. Assistant City
Planner added that Fire Chief had recommended that wall opening
be denied.
Council discussed mechanics of calculations on prior application,
and conflictinq computations of 4 spaces deficiency Der Iot by
former City Planner, and one space by developer Karp.
John B. Segall of Ross, Hackett & Sega11, San Bruno, addressed
Council as representative of property owner Theodore Farley.
As a preliminary to discussion he i-ntroduced a l4r. Skinner,potential lessee of the restaurant. Mr. Skinner explainedoperation of proposed restaurant and illustrated by means of
sketches why it is important to have the entire 2001 frontage.Mr. Segall went on to argue that two restaurants could be put
in these two buildings and there would be no difference in parking;cited precedents for wall openings as Burlingame Police Department,Petrinis, and the Feed Store, with no assessments for parking;
Farley had no connection with Council's agreement with or disap-pointment with the previous owner; these two buildings could notbe considered as one because there were two building permits re-quired, two separate utility meters, two separate tax assessments.Mr. Farley as owner paid off future parking bonds in the amount of
$21,000 as well as the $5,000 which I{r. Karp was to pay. Leasingof the building is tied to this important restaurant.
Council discussed ItIr. Segallts arguments but did not consider themvalid, suggesting this could be a method of subvertinq the parkingcontribution ruling.
councilman Martj-n moved the request for wal1 opening be denied,
second by Councilwoman Barton.
l4r. Theodore Farley then addressed Council. He reviewed hispositJ-on for not paying additional parking, including the factthat when he bought the oroperty he had made a commitment to twobuildings rather than one and now it is too late to change theplans. He stated he would be willing to contribute a reasonable
sum to the parking so the matter could be resolved, and that hehad already conferred with staff to this end.
Councilman }lartin suggested that in vi-ew of this attitude he conferwith staff toward a definite solution.
With consent of Council the motion
Councilman Martin moved discussion
seconded and Council concurred.
to deny was withdrawn.
Councilwoman Barton
and second
be tabled.
l4ayor Amstrup continued the subject to study meetingJune 6, with continuation of regular meeting to that
PROCLAMATION
1. Letter of lrtay L7, L979 from Donald J. Roberts,with comments and complaints about City procedures.
requested staff to answer this.
Mayor Amstrup proclaimed. I'Parks and Recreation Month, June, 1979."
ACKNOI^ILEDGMENTS
of I,.Iednesday,
date.
1381 DeSoto
I,layor Amstrup
2. Letter of l4ay 30, L979 from Joser:h E. Harvey, newly appointed
Planning Commissioner, resigning from Beautification Commission.
3. Letter of thanks of May 25, 1979 from Herbert Sommer.
4. Letter of May 23, L979 from President of ABAG delaying General
Assembly to October, with definite date to be announced.
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367
5. Library Board of Trustees reports; Parking & Recreation
Commission minutes, l4ay 17t Traffic, Safety, Parking Commissj-on
minutes, May l0; Planning Commission minutes, May 30, 1979.
ADJOURNMENT
Meeting adjourned at 11:00 P.11. to the studlz meeting of June 6,1979. Mayor Amstrup adjourned the meetinq in memory of Mr. Ed
Lincoln, former recreation director; and Colonel Ernest Norberg,
long-time member of the Planning Commission and well-known
architect.
C
6-,,r.y'-r,-J
{,vetyru/u. u
Cit.y Clerk
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