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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 r'La!.-i-2..:!-,zul ilrl.l-*I a- a. rr trJj {.r^(r^,.-r-.L4&sl-Lhu 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 FF m !"@@alrl-rtl??1.Frrl1-rfr ffi - r*!,-.u-',u.L-[!.-,r. 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. 4i&,.-A'rl&d !,r' 365 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. ---.,.rL& i *il't.r ry 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 7/ z/,% i11