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HomeMy WebLinkAboutMin - CC - 1994.05.161 43 BI.JRLINGAME, CALTFORNIA May t6, 1994 CALL TO ORDER A duly noticed regular meeting of the Burlingame Clty Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7 3O p.m.by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG lrd by Boy Scout Troop 101 comprised of Scouts Heathcote, Fehrn, Vlautin, and Hahn, and their leaders Scott Fehrn and Kirk Heathcote. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI PAGLIARO MINUTES The minutes of the Regular Meeting of May 2, L994 were approved after changes on page 4 to add that Councilman Spinelli said "the tailtrack into Burlingame would increase Samtrans' contribution to BART from 7 percent to 9 percent. an increase to SamTrans of 30 percent" and Mayor O'Mahony added to the same paragraph "that the first paragraph of her remarks to Supervisor Hsieh has figures on traffic counts.' She also corrected the spelling of a name. Councilman Harrison moved approval of the minutes; seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - APPEAL FOR THREE SPECIAL PERMITS AND A PARKING VARI- ANCE FOR A NON-CONFORMING ACCESSORY STRUCTURE AT 733 FARRINGDON - RESOLUTION 28-94 UPHOLDING THE PLANNING COMMISSION ACTION City Planner reviewed her memo of April 27 which recommended council hold a public hearing and take action. The applicant, Jihad Chedid, is requesting to retain improvements made to an accessory structure; no building permits were issued for the changes; the accessory structure was built prior to 1950 and contained a 476 SF garage, a 170 SF shed attached to the rear of the garage and a 154 SF room on the second floor with a ceiling height less than '7'6" above the rear of the garage. The applicant made improvements including partitioning off part of the parking area, adding a bathroom, installing a kitchen, and adding skylights and a sliding glass door. He is now asking for a parking variance and three special permits to retain the improvements and use the structure as a shop for his home occupation. The Planning Commission reviewed this request at its April 11 meeting and took two actions, one was to deny the parking variance and use permits for the bathroom and a home occupation in an accessory structure, and the second action was to approve the use permit for the sliding glass door and skylights. Both the applicant and a neighbor appealed the decision. Mayor O'Mahony opened the public hearing. Jihad Chedid, applicant, explained why the improve- ments were added; admitted he made a mistake in building without permits and was willing to make changes required but would like to keep some of the improvements. Council inquired about improvements on site when he bought the site and if the garage is used for storage only; Chedid said he was told there was potential for a second unit on the site; he would like to keep the bathroom for 144 his shop area. Jim and Ray Murray, 737 Farringdon, spoke in favor; Chedid is a good neighbor, he made a mistake and they begged council to be lenient; thought realtors should teIl people they cannot use these type buildings for rental units; could not believe a neighbor was complaining about skylight, that person lives 200 feet away. Realtors Vickie Huza and Audrey Morgan said applicant had signed the California disclosure statement, he was made aware that no second units are allowed in R-1; realtors are aware of the zoning laws and would not tell a buyer they could have a second unit in an R-1 zone in Burlingame; said when the property was sold it was a plain tandem garage. Council members agreed with the Planning Commission decision. Councilman Harrison asked about an exposed gas line supported on a block of wood in the back yard; he asked the city Attorney to investigate. Council spoke to neighbors at rear and all agreed the shed had been there for long time; agreed walls and floors should be removed, staff noted there is concrete under the floor. Councilman Harrison moved to uphold the Planning Commission's approval by adoption of RESOLUTION 28-94 with conditions in staff report. The motion was seconded by Councilman Spinelli, carried unanimously 4-0 by roll call vote. PUBLIC HEARING - AMUSEMENT PERMIT FOR LIVE BOXING MATCH AT MARRIOTT HOTEL. 18OO BAYSHORE HIGHWAY City Attorney reviewed his memo of May 10 which recommended council hold a public hearing and take action. We have received an application for a boxing match at the Marriott Hotel otMay 22; we had a similar event last year and there were no problems, this current event is sponsored by the same promotor who will have the same security arangements; they will also provide valet parking. Mayor O'Mahony opened the public hearing. Sal Colucci, applicant, told about the event and security and parking arrangements. Council inquired about advertising for the event which is only a couple days away. The hearing was closed. Councilman Harrison moved approval of the amusement permit as requested and with conditions listed in police report. Seconded by Councilwoman Knight, carried 4-0 on roll call vote. PUBLIC HEARING - AMUSEMENT PERMIT FOR KARAOKE MACHINE AT THE GOLDEN CHINA RESTAURANT. 1230 BROADWAY City Attorney's memo of May 9 recommended council hold a public hearing and take action. The operators of the Golden China Restaurant are requesting a Karaoke machine to be operated 10:00 p.m. to 1:30 a.m. Tuesday through Sunday nights. Police recommend a six month trial period. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilwoman Knight was concerned about the noise and close proximity of apartments and residential areas, she did not approve; other council members were willing to give it a trial period. Councilman Harrison moved approval of the amusement for six months. Seconded by Councilman Spinelli, carried 3-1 on ro11 call vote, Councilwoman Knight voting no. PUBLIC COMMENTS John Browning, golf promoter, spoke regarding his letter to council; he felt he could save the city millions of dollars in developing the Bayside Park golf driving range. Mayor said the city is presently working with four public agencies to resolve closure of the landfill site on which the park 145 would be developed. After the closure is completed, council may go out to bid on golf driving range developers. Browning said the plans have been revised after his meeting with the city; he said he would be back. Glenn Mendelson, 475 Cumberland, told of San Mateo's proposed ordinance to control gun sales; he hoped our city would do something similar; there are no gun shops now, but there is the potential. TRANSMITTAL OF 1994-95 PROPOSED BUDGET AND CAPITAL PROGRAM City Manager briefly reviewed the proposed budget and recommended council members meet with department heads. The total budget is up 17.6 percent from last year as a result of a large increase in capital improvements (the library reconstruction and landfill closure). The General Fund is $20,428,126; the Water and Sewer Enterprises, $7,775,807; the Capital Improvements, $7,880,000 for a total of $36,083,933. He confirmed dates for budget review and adoption: June 8 is the Study Meeting and June 20 is the Public Hearing after which the budget is adopted. TRANSMITTAL OF FINAL BURLINGAME/HILLSBOROUGH FIRE STUDY City Manager reviewed his memo of May 9 which recommended council schedule this issue for the June 6 meeting. He said Hillsborough is holding a public hearing this evening. He noted the study includes possible steps which the two departments could take if consolidation does not occur. INSURANCE FOR THE TRAIN STATION CENTENNIAL Arthur Lloyd, representing the Joint Powers Board of San Mateo, San Francisco and Santa Clara counties and also the Centennial Committee, said the Committee had run into a snag covering the first $2 million in insurance. The JPB risk manager said given their insurance it would not be prudent for them to cover the first $2 million. He asked that the Chamber or city as tenant of the station cover the first $2 million at a cost of approximately $2,000. He noted the railroad museum is fully insured and is providing the steam engine and SP is not charging for switching for the locomotive. Councilman Harrison asked if Lloyd was staff or member of JPB and mentioned a speaker at a Lions Club meeting who was a member of JPB who said "not to worry about insurance"; Lloyd is a JPB member and the speaker was incorrect. Karen Key, Marilyn Short and Bill Key were present representing the Centennial Committee, discussed costs of insurance to Chamber. Georgette Naylor, Executive Director of Chamber, said their insurance carrier would not allow; she presented copies of a leffer from their insurer. Mayor thought if Chamber sponsored the event their insurance would cover it. Commiffee members were concerned about not being able to hold the event at the station; they asked if they could hold it elsewhere, i.e. Washington Park, if they cannot get insurance; reviewed expenses they face and plans for fund raising. Council indicated it would support the event in any case, but preferred the group to do some fund raising and get the Chamber to sponsor the event. CONSENT CALENDAR Staff asked removal of "d" regarding a lot line adjustment which needs revision, it will come back to the next meeting. 146 a RESOLUTION 29-94 - ADOPTING MUTUAL AID AGREEMENT FOR WATER AGENCY RESPONSE NETWORK (WARN) Public Works memo of May 6 recommended council approve an agreement to execute the "Omnibus Mutual Aid Agreement. " Last September we executed a similar agreement which expires June 30, 1994. This new agreement does not have an expiration date and clarifies the agency receiving aid foots the bill. RESOLUTION 30-94 - AUTHORIZING AMENDMENT 2 TO AGREEMENT FOR PROFESSIONAL SERVICES FOR EASTON CREEK IMPROVEMENTS - CP 8331 Public Works memo of May L0 recommended council approve this amendment, 2 with KLH/CREM in the amount of $11,050 for increased costs related to changes in the proposed on-ramp adjacent to the creek. c.TENTATIVE AND FINAL PARCEL MAP TO COMBINE LOTS AT 321-333 CALIFOR- NIA DRIVE Public Works memo of May L0 recommended council concur with the Planning Commission and approve this lot combination. Removed. DENIAL OF CLAIMS: (1) LILIANA PRICE ET AL: (2) EILEEN GORMAN City Attorney's memos of April 27 andMay 2 recommended council deny these claims for (1) a pedestrian death on El Camino and (2) a fall. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 31950 - 32395, duly audited, in the amount of $962,556.72 and Payroll Checks 65619 - 66347 for the month of April 1994 in the amount of $1,191 ,284.45. Councilwoman Knight moved approval of the Consent Calendar, excluding item *d.' The motion was seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman Knight attended a transpofiation meeting with the Finance Director, other representa- tives of large employers were there. Councilman Spinelli reported on the Airport Roundtable, changes in noise levels and the elimination of certain noisy airplanes by United Airlines and British Airways. The Mayor asked for a letter of appreciation to these airlines. Mayor O'Mahony attended CCAG where they discussed Kopp's airport congestion bill, SB 245; discussed parcel tax which some cities have adopted for stormwater charges. b d. e. f 147 b. c. OLD BUSINESS Councilwoman Knight asked about gun controls; Police Chief reported the department knows who and where all the gun dealers are; have two or three in commercial warehouse area and the rest are home occupations; noted new requirements will preclude many getting resale permit; he will prepare a report for council. Staff said at the present time any gun dealer could open a shop in some of the commercial areas. Mayor O'Mahony said she heard BART representatives are meeting with Burlingame merchants; she asked the manager to write BART regarding this intrusion. NEW BUSINESS Councilman Harrison told staff about an area with a "wall" of newsracks. Staff will investigate. ACKNOWLEDGEMENTS a.Commission Minutes: Civil Service, April 12; Planning, May 9; Broadway BID, April 12, t994. Department Reports: Police, April 1994; Treasurer's, April 30, 1994. Three letters from students, Blake Wilson, Alex Pearson, and Marta Biltchek, regarding the homeless problem. Mayor asked staff respond about city funds going to various shelter groups d Four letters from Herman Christensen, Michael Coffey, Terrill Timberlake and Richard Lavenstein, regarding creating another O/M zone on the west side of freeway. After discussion, Mayor asked for a letter advising them to meet and confer and that council would consider again in the fall. e. Two letters from John Canova and Gottfried regarding leaf blowers Council noted this issue would be discussed at the study meeting. ktter from Mr. and Mrs. Sangervasi regarding trees blocking views. ktter from a senior citizen regarding a bench that was removed from the bus stop on the west side of California at Oak Grove. Public Works Director informed council that he asked SamTrans and the bench was destroyed by vandals, it will be replaced by SamTrans. h. PERS payroll audit and memo from City Manager. i. Proclamation for Operation Lifesaver Awareness Day, May 18, 1.994. j. ktter from James Sayre regarding cigarette smoking in a local store. f. (}b. 148 I k. lrtter from Walter Sjostrom regarding the Draft Housing Element. lrtter from Raymond Green, representing John Browning, regarding development of Bayside Park. ADJOURNMENT IN MEMORY OF RALPH BUTTON. MARGARET STRICKLEN. DAN SANTOS. AL MARIAN. AND ERNIE SULGER Mayor O'Mahony noted with sadness the deaths of five prominent citizens this past week. Councilwoman Knight said the Planning Commission had adjourned in memory of Ralph Button, local architect; she also noted the death of Margaret Stricklen who was a devoted volunteer at McKinley School. Councilman Harrison noted Dan Santos, exceptional teacher, school volunteer and member of the Lions Club died last week. Councilman Spinelli noted the passing of his neighbor, 95 year old A1 Marian, a retired Burlingame Police Officer. Mayor O'Mahony said in addition to Ralph Button, the clty also lost former Traffic Commissioner, Ernie Sulger. After a moment of silence in their memories, she adjourned the meeting at 9:42 p.m. Judith A. Malfatti City Clerk