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HomeMy WebLinkAboutMin - CC - 1979.05.07343 BURLINGAME, May 7, CALIFORNIA L979 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City HaII Council Chambers. Meeting was cal1ed to order at B:05 P.M. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Jerome F. Coleman, City Attorney. ROLL CALL COUNCIL MEMBERS PRESENT :AMSTRUP, BARTON, NONE CROSBY, MANGINI, MARTIN COUNCIL }IEMBERS ABSENT: MINUTES Minutes of the regular meeting of April meeting of April 24, L979 were approved 16 and of the special and adopted. YOUTH fN GOVERNMENT DAY Mayor Amstrup acknowledgedin Youth in Government Day young people present who will participate HEARINGS 1. AMCOE SIGN COMPANY APPEAL I'ROM PLANNING COMMISSION DECISTON, HOI{ESTEAD SAVINGS SIGNAGE. Letter of May 3, L979 from Amcoe Sigh Company requested removal of this appeal from the agenda, advising that a revised proposal had been submitted to the Planning Commission for hearing. Mayor Amstrup announced consideration. this appeal would be removed from Council 2. JOSEPH COMMISSION C. DEES, 2909 ARGUELLO DRIVE, APPEAL FROM PLANNING DENIAL OF VARIANCE. Assistant City Planner reviewed his report of May 7, 1979 with attachments which gave background of this appeal. Report speci- fied that abatement notice was mailed to applicant for encroach- ment of boat and trailer B' in front setback, prohibited by zoning code. Mr. Dees subsequently suggested two alternatives: 1. Remove portion of brick planter adjacent to front of house to al1ow trai-Ier to be pushed 3'8" farther back, encroaching approximately 4t into front setback (sti1I a code violation) 2. Rotate boat and trailer 90 degrees, parking them para1leI to the street, but technically behind the front setback. Before implementing second alternative, IIr. Dees applied for variance, which was denied by the Planning Commission. Approval of variance would al1ow Mr. Dees to implement Alternative #1. Mayor Amstrup opened public hearing. Mr. Nick Elchinoff, attorney, addressed Council as representative of Mr. Dees. He dj-stributed snapshots of the Dees yard with boat and traj-ler to illustrate its efficient screening, and noted the petition signed by 56 of Mr. Dees' neighbors that he be allowed the variance. Mr. Elchinoff addressed the balance of his presen- tation to applicable conditions for granting of variance: There j-s hardship involved - Mr. Dees spent $2,000 and much time in the screening operation. The situatj-on is not a health hazard or detri- ffir6-rya-rrFrw@B.@ qww r,lr.l*-i.rl-.'r-f-+:,lJ lrtrL. -' - -,-"4-.1 r/*t4tu.&4i\rs-8,-l qA nn+41 mental to appearance of the neighborhood. Neighborhood would dislike implementatj-on of Alternative #2. Mr. Dees addressed Council on his own behalf, stating he felt a responsibility to his neighborhood and had attempted to screen boat as well as possible. I{e spoke of positive comrnunicat.ion with his neighbors and wi-th members of Temp1e Sholom across thestreet from his property. He spoke of financial hardship in finding a place to store his boat, particularly with family ed- ucational responsibi- litie s . fn response to Council question, he promised to find other storage for his camper sometimes parked at his property. He noted the fact that no complaint had been re- ceived before in 18 years of boat storage. Thj-s raised Council question of why this complaint had been received. Staff repliedthat some other blatant instances of boat storage had been abated, which apparently led to this complaint. Councif questioned thelack of building permit for fence erected in 1970 and the fact that hedges are non-conforming in height. There were no further statements from the audience hearing was declared cfosed. and the public There tiyas some Council question about the exact measurement offront setback in the Mi11s Estate. Short recess was declareil at 8:35 while staff determined from subdivision map of Mi1ls Estate No. 17 that the property line is 4' 6" behind the back edge ofthe sidewalk and that the building setback line is 15' behind theproperty Iine. After further Councj.l discussion and consideration, Councilman Mangini stated he had known the applicant for a number of years; this had no bearing on his opinion on this matteri the property is well kept; the boat is concealed; and he thought variance should be granted conditionaf upon present maintenance of property. Councilman Crosby was impressed with the number of neighbors rn favor and would approve the variance if Alternative #f were a condition. He questioned precedent setting effects of approval , and was assured by staff that by code each variance is considered on its own merits. Councj-lman Barton, who also had been concerned about precedent, considered reaction of neighbors f avorable, the boat \"/as r^rell hj-dden, and the variance should be granted. Mayor Amstrup considered the combination of camper parking and boat had been excessive, but would approve variance if camper was moved. Councilwoman Barton questioned why the planter shoufd be moved. With the good screening, there was no point. She moved approval of the variance without moving the pfanter. Second by Councilman Crosby, carried unanimously on roll call vote. 3. TO CERTTFY FINAL ENVI RONI\,IENTAL IMPACT REPORT AND MAKE FINDINGS REGARDING I^IAS TEWATE R RECLAMATION PROJECT - EIR-51E Director of Public Works reported that public hearing had been held on this EIR at the regular meeting of April 16, and matter continued to this meeting for Council review of the EIR. There was no Council comment or questions. RESOLUTION NO. 25-79 "RESOLUTION CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS WITIT REGARD TO THE }II{SIEWATE R RECLAMATION PROJECT - EIR-51-E" was introduced by Councilman Councilman Martin, noting he too had known Mr. Dees previously, was concerned that the storage of the boat was now a problem when for so many years it had not been. He would approve the variance if planter is moved. 345 Crosby who moved its adoption, second by Councilman Martin,carried on unanimous rolf calf vote. Councilman Martin pointed out the importance of this type ofproject to the future development of the Peninsulai and urgedthat Burlingame take the lead of surround.ing cities in the useof reclaimed water. He suggested staff pursue with such agenciesas Millbrae and Caltrans. Mayor Amstrup P.RESENTAT I ON added his endorsement of this viewpoint. 1. BURLINGAME SANITARY SEWER RXHABILITATION. PREPARED BY WILSEY & HAM. DESIGN REPORT +1 Mr. Ron Calhoun of Wilsey & Ham reviewed in detail Design ReportNo. 1 for this project. He noted preparatory work done, scopeof work proposed, cost of 1979 program - $412,000 with con-struction work to start August l and continue through latter partof November. 5,900' of pipe would be replaced or relined forvarious distances on El Camino Real , Mi11s Avenue, CaliforniaDrive, Hale Drive, Columbus Avenue, and Easton Drive. He explainedthe rationale of "relining" pipe, and cautioned that since the sewer probfem is City-wide, there may or may not be perceived im- provement following this first year's work. As the program goeson, gradual improvement wifl be discerned. He suggested that Cityadvise affected landowners of the impending construction and whatthe benefits would be. Both Mr. Calhoun and Director of Public blorks answered Council questions on the project. Council exploredthe potential of this work, and concfuded their discussion withsuggestion that sma1l meetings be held in the various neighbor- hoods among property owners, City staff, and Wilsey and Ham. 1. A}IZA SHAREHOLDERS I LIOUIDATING TRUST: MASTER BAY ACCESS PLAN 2. ANZA SHAREHOLDERS' LIQUIDATING TRUST: PROPOSALS, ANZA PROPERTY. SPECIFIC LAND USE Letter of May l, 1979 from Anza Shareholders' Liquidating Trustdetailed some specific land use proposals for Anza land, and asked for City hearing setting forth ground rufes for futuredevelopment. Mayor Amstrup scheduled consideration for next Council study meeting. 3. COMMUNIC.ATION FROM HILLSBOROUGH ON EMERGENCY 911 Council received copy of letter dated May 3, 1979 from Town ofHillsborough to Mayor Jane Baker of San Mateo stating Hillsborough'sposition in support of removing 9f1 mandate and leaving option tolocal agency. Also if mandate is not removed, they would urge theLegislature to fu11y finance the County's 911 plan as submitted. APPLICATION TO CONDUCT AUCTION l. MAY CYRUS GOLDMAN, 942 MISSfON STREET, SAN FRANC]SCO. ONE-DAY SALE,2I, BEARDSLEYIS RESTAURANT, 1443 BROADWAY. Letter of April 27, 7979 from Mr. GoLdman requested permj-ssion tohold this auction of restaurant effects on May 21 , L979. In add.res-sing Council, Mr. Gofdman listed types of items to be sold. Councilhad also received report from Services Bureau of Burlingame police Department stating Mr. coldman has proved to be reputable and noting CORRES PONDENCE Letter of May 2, L979 from Anza Shareholdersr Liquidating Trust requested study meeting consideration of an overall Master Bay Access Plan prepared by Peter Ca]lander. Mayor Amstrup scheduled pl-an review for next Council study meeting. no obj ections was proof of Council had declared the to this auction. Also received from Mr. coldman bond from Aetna Casualty and Surety Company. no objections to this auction permit. permit granted for the specified date Mayor Amstrup and time. AMUSEMENT LICENSES 1. APPLICATION BY RANDY FAISS D/B/A P.J.IS, 26I CALIFORNIA DRIVE. Letter of April 6, 19-19 from Randy Faiss, 5150 Diamond Heights Boulevard, San Francisco, requested entertainment and Dance Permitfor "P.J.rs" formerly "Tramps. " Establishment is scheduled to open in mid-May. Report from Pol-ice Services Bureau dated April 12, 1979 revealed no detrimental facts during investigation and there were no objections from the Police Department to this permit. Councilman Mangini moved the permit be granted for six months, second by Councilman Martin, carried unanimously on voice vote. 2. RENEWAL: JAMES I1 DRIVE. SHEA D/B/A GOLDIE.S SALOON, 241 CALIFORNIA Report from Services Bureau, Burlingame Po1ice Department, dated May 3, f979 stated that since fast report the establishment has been well run and quiet. Recommendation was that renewal be for one year period. Councilman Martin moved this permit be renewed for second by Councilman Mangini, carried on unanimous one year, voice vote. STAFE MEMORANDA 1 . CI TY II{ANAGER : DEVELOPMENT PROPOSAL FOR WASTE DISPOSAL LAND, RECREATIONAL Memo of May 3, 1979 from City Manager attached two alternate pro- posals from "John Browning Sports Corporation" dated April 27, 1979 for development of this area. Council agreed to consider these proposafs at their next study meeting. 2. SUMMER EDUCATION PROGRAM Memo of May 3, 1979 from City Manager discussed this program as outfined in attached memo of May 1, 1979 from City Attorney and draft proposal dated May 8, 1979 from Director of Recreation, to Burtingame Elementary School District. The Recreation Department proposes a cooperative summer school program with the School District whereby the City will contract with teachers; a sunmer school fee of $55.00 per pupil would be charged; and the School District would assist in staffing and supervision. Since the teachers witl be independent contractors, there will be no City responsibility for Unemployment Insurance or Workers Compensation. Council-man Crosby moved the summer education program be approved, second by Councilman Mangini, carried on unanimous vote. 3. CITY MANAGER: SISTER CITY CONVENTION City Manager's memo of May 2, l-979 re Purchases from appropriations for-Sistei City convention in the amount of $1,224.50 attached correspondence from both Ray Kliewer, vice-president of Burlingame Chamber of Commerce, and A1 Leyva, president, Burfingame Sister City Association. This correspondence indicated difficulties en- couitered in the situation of Chamber of Corunerce administration of funds aflocated to sister city Association- chamber of commerce had returned to City check in the amount of $1,224-50 pending Council ctarification of matter. City Manager recommended appropri- ation be placed under control of city Finance Director for compliance with established purchasing procedures. Both Mr. Leyva and Mr. Kliewer detailed to council their differences in procedure in financial disbursements. council concl"ud.ed these 346 \ 347 differences could be resolved, and recommended flexibitity and cooperation in carrying on original arrangement. Councilman Martin moved that the original guidelines given tothe Chamber of Commerce be observed, second by Councilman Crosby,carried on unanimous vote. RECESS A short recess was reconvened. declared at 10:15 P.M. after which meeting 4. CITY ATTORNEY: SHERATON HOTEL ADDITION City Attorney's memo of May 2, L979 transmitted letter of May 1,1979 from Attorney Thomas A. Larsen written on behalf of sanFrancisco Airport Motel company, and to the effect that this company is not now in a position to consider land swap, but sti1lwants to construct an addition to the Sheraton Hotel, with optionsof purchase of land or lease. City Attorney suggested consj-derationat May study meeting. Mayor Amstrup set this matter forthis study meeting, after Councilon Friday, May 18. the May study meeting.discussion, was set for Date 7:00 for P.M. rn further di-scussion, council agreed on 7:00 p.M. Monday, May L4,for council interview of planning commission candidates. CONSENT CALENDAR I. LIABILTTY CLAIMS: RUSSELL PAPE AND JERRY CASEY City Attorney's memo of Maydated April 27, 1979, from R He recommended denial. 2, 1979 transmitted reports, both. L. Kautz & Company, on these claims. 2. LIABILfTY CLAIM: JOSEPH E. FREITAS. city Attorney's memo of April L9, 7979, transmitted claim fromGerald F. tr{oods, attorney for claimant, and reconrmended denial. 3. SPECIAL ENCROACHMENT PERMIT, l_18 LOMA VISTA By memo of ApriL L2, 7979 Assistant city Engineer transmittedsketch showing encroachment of brick columns and rair fenceinto the street right of way, and recommended approval of thispermi-t subject to City nonresponsibility statement. 4. RESOLUTIONS RESOLUTION NO. 26-79 ''DECLARING NOXIOUS AND DANGEROUS WEEDS AND RUBBISH A NUISANCE IN ACCORDANCE WITH MUNICIPAL CODE CHAPTER 11.08'' RESOLUTION NO. 27-79tgTg 1990"file in City (Sarott Clerkrs ''AWARDING CONTRACT SIDEWALK REPAIR PROGRAM,Construction Company, $40,977.50. Bids onoffice) . RESOLUTTON NO. 2B-79 ,'RESOLUTION AUTHORIZING AGREEMENT BETWEENTHE COUNTY OF SAN MATEO AND THE CITY OF BURLINGAME FOP. THE SKYLINE DRTVE IMPROVEMENT PROJECT'' ,'R-ESOLUTION AUTHORIZING EXECUTION MALL CENTER'' OF WALL OPENING AGREEMENT, FOX This resolution takenafter calendar.off consent calendar. Discussion follows RESOLUTION NO. 29-79 "RESOLUTION AUTHORIZING CONSENT TO ASSIGNMENTLEASE FROM UNIVERSITY R. C. REAL JOHNSON REALTY COMPANY (T{ANTN MANAGEMENT COMPANY) ESTATE FUND, LTD. '' OF RE ) 348 5. ORDINANCES INTRODUCTION 1. ORDINANCE NO. 1I4B "AN ORDINANCE LIMITING STORAGE AND AND CAMPERS TO REAR YARDS"PARKING OF BOATS, TRAILERS 2. ORDINANCE NO. 1149 ''AN ORDINANCE REDEFINING BUILDING HEIGHT Councilwoman Barton moved approval of second by Councilman Mangini, carried the consent calendar, on unanimous vote. City Attorney's memo of May 3, 1979 transmitted request from Ted Farley, owner of these two properties at 1413-15 and L4l7-L9 Burlinga*6 Arr"nr.r", to have a wall opening between them on the second floor. This would create IO0' frontage for proposed restaurant. Council discussed the implications of this wall opening as re- iitea to parking, since previous owner of propelLy, Joseph Karp, had avoia6a partling payment by having this considered two build- ings with . "oromon-waf1. It was suggested if wall opening were p"i*itt.d this should be considered-one building with attendant iarking payments. Staff confirmed this was a -hour wa1l which ioould rieet-tfre fire zone requirements for exterior wa11s' Hugh connally, attorney for Mr. Farley, protested that actions of -previous 6r.r"rs sfrouta not be held against his client. Fire Chief indicated he had not been informed of proposed open- ing in this fire wali. Matter was continued to May 2L, L979 toi fris investigation and Council consideration. NEW BUSINESS RESOLUTION AUTHORIZING EXECUTION FOX MALL CENTER OF WALL OPENING AGREEMENT- AIRPORT councilman Martj-n noted receipt of letter of May 3, l.979 from walt Gil1fil1an, San Francisco Airport Joint Powers Boardr I€- garding presentation before Councii of progress _re-port on joint Iand use study.--eil"t discussion, it was agreed Mr' Gillfillan could make fril presentation at the meeting of June 4,1979' BART Mayor Amstrup noted letter of May 3, L?79 from Bay Area Rapid Transit asking s"pp"rt in defeating AB111 (Papan). council ,rolea papan's-bili is to prevent expansion of BART without support of focit- entitiesl and directed City Manager to write telter to Papan indicating their support' PROCLAMATIONS Mayor Amstrup proclaimed the month of May' Heiftfr Monthi' and "Correct Posture Month' " week of June 23 to JuIy L, L979 as National ACKNOWLEDGEMENTS l-979 as "Mental He proclaimed the Tennis Week. " 1. Letter of April 16 to Robert Posdesta, LO28 EI Camino, ta California Drive Parking lot' from AssemblYman Leo McCarthY re implementation. from Wilbur T- Johns, 37 StanIeY 2. Letter of APril L6, L979 Proposition 13 and Permanent 3. Letter of APril L2, L979 Road, tQ Police DePartment' 4. Letter of APril 9, L979 L, from Peat, Marwick, Mitchell & Co' ,. -4.J.1-.r* --x-s-4.rl/4.d Ad' lr'd'.&e'4'qtrd'&D' 349 re rrGovernmental Accounting and Financial Reporting Principles"restatement. 5. Letter of April 19, 7979Hechinger's term expiration. as to another term. from City Librarian re Mr. BenCity Manager instructed to contact 6. Affirmative Action Program report as of 12/31/78- 7. Assistant City Planner report: Removal of height limit,Mills Canyon Court. 8. Librarianrs report and Boaril of Trustees minutes. g. Commission Minutes: Beautification, April 5; Ptanning Conmissj-on, April 23, 1979. ADJOURNMENT Meeting adjourned at 11:00 P.M. to executive session on litigation. e , ../-/,4.1 9'.'*1,-.,'//. /'LL(t EVELYM H. HILL City Cl-erk )