HomeMy WebLinkAboutMin - CC - 1995.06.0533 i
BURLINGAME, CALIFORNIA
June 5, 1995
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the
City Hall Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Knight.
PLEDGE OF ALLEG CE TO THE FLAG
kd by Public Works Director Ralph Kirkup.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY
PAGLIARO, SPINELU
MINUTES
The minutes of the Regular Meeting of May 15, 1995 were unanimously approved after a clarifica-
tion of the vote to show there were no "no" votes on page three, end of the first paragraph
regarding smoking "seconded by Councilwoman O'Mahony and carried 3-Q-l-1, Councilman
Spinelli abstaining and Vice Mayor Pagliaro absent. "
PUBLIC NG - APPEAL REGARDING SPECIAL PERMIT AND TW O VARIANCES
FOR A SECOND FLOOR ADDITION AT I42I BERN AL - RESOLUTION,t4-9 APPROVIN G
City Planner reviewed her memo of May 23 which recommended council hold a public hearing and
take action. Bob and Candace Savoie, property owners, are requesting a special permit for
separation between structures (2'9" requested, 4' required) and two variances, one for side setback
(1'6" provided, 4' required) because the garage is not located within the rear 30 percent of the lot
and a second variance for the depth of the garage (18'4" provided, 20' required) in order to build a
1,089 SF second floor addition and 7l SF frst floor addition to the existing house. The extent of
the remodel qualifies this house as new construction. Since the addition extends the rear of the
house, a special permit for the separation betwe€n the house and garage 2'9" requested, 4' required
If the eaves are not counted, the separation between the walls of the rwo structures is 5'9". The
Planning Commission voted 3-3-l to both approve or deny the request.
Mayor Knight opened the public hearing. Bob Savoie introduced his wife and baby daughter; they
are adding upward on their house in order to keep the large backyard, enlarge their family and have
room for children to play; they want to keep the large trees in their yard; project meets all setbacks,
lot coverage and height requirements; one neighbor objects because of loss of privacy, but if they
made the project a one story addition, it would come much closer to that house; they are trying to
keep architechrral character and style the same. He presented letters in support from other
neighbors and responded to council questions. The next door neighbor to the south spoke in
support. The hearing was closed.
Councilwoman O'Mahony said she did not believe there was a change in character of the house, she
was glad they were preserving the trees; the garage has existed for many years and is used. She
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moved to adopt RESOLUTION 44-95 with condition in staff report. Seconded by Councilman
Harrison who noted there are special circumstances in leaving the existing garage which is usable
and serviceable. The motion carried 3-0-2 on voice vote, Vice Mayor Pagliaro and Councilman
Spinelli absent.
EI 26 AUTHORIZING
TRUCK AND PASSENGER LOADING ZONES
City Attorney reviewed his memo of May 2 which recommended council hold a public hearing and
take action. Council recently adopted a valet parking ordinance which has a provision that the
passenger loading zone must be approved by the city; this ordinance provides that the zone could be
a uuck loading zone with passenger loading during valet hours, effectively combining yellow and
white zones; this ordinance would give the city engineer the authority to create these mixed zones
with confirmation through the TSP Commission after approval of the valet parking permit. Council
asked what color the zone would be painted; City Attorney responded yellow with signage.
Councilwoman O'Mahony asked about urgency of getting these zones through the TSP Commission.
Staff noted that at times the commission will move an item from introduction to action at the same
meeting which would speed the process.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison moved adoption of ORDINANCE 1526. Seconded by Councilwoman
O'Mahony and carried unanimously 3-0-2, Vice Mayor Pagliaro and Councilman Spinelli absent.
PIIBLIC COMMENTS - None.
ENCROACHMENT FOR FENCE IN RIGHT-OF-WAY AT 70 1 VERNON - CONTIN-
UED TO NEXT MEETING
Public Works Director reviewed his memo of May 3l which recommended council hold a hearing
and take action. Theresa Early, applicant, had acquired a building permit to build a fence on her
own property. The fence was instead built 8 inches from the sidewalk l'4" into the city right-of-
way. (1'4" The fence varies in height from three to seven feet. The fence at this location does not
interfere with city utilities, however staff is concerned that the 7 foot fence adjacent to the driveway
would block view of pedestrians when a car is backing out. Public Works recommended council
approve the request with the condition the fence sections adjacent to the driveway be lowered to 3'
height or the fence be moved back to the property line for 8' on either side of the driveway. He
said the applicant objects to this condition.
Theresa Early presented a photo board showing her fence and similar fences in her neighborhood
which appear to be built in the right-of-way; she said her driveway is very short and you cannot get
speed up when exiting; she just bought the house and had fence built, would be a financial hardship
to have to rebuild it. Public Works Director restated his concern that a child walking or riding
bikes would not see a car exiting the garage. Early said her neighbor has a hedge even higher than
the fence. Councilwoman O'Mahony said she was concerned about people building in the public
right-of-way; she felt the fence should be moved; matter of safety to children, adults might realize a
car could be in driveway but children don't think that way. Early said city engineers asked her to
go around neighborhood and see other fences; she was told her property line was 12' from the face
of curb, if they had said 2' from back of sidewalk she would have measured correctly. Councilman
Harrison had walked though the area, he sympathized with applicant but agreed it could be danger
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to children. He moved to approve the encroachment permit with the condition suggested by Public
Works with changes to be made within 60 days. Seconded by Councilwoman O'Mahony. Mayor
Knight lived in the same area and had also visited the site; she could see the applicant's point about
other fences built the same way; really unfortunate problem. The motion carried 3-0, Vice Mayor
Pagliaro and Councilman Spinelli absent.
Early asked if all the other fences she photographed were approved by the city, some were built
right next to the sidewalk. If her fence had been built 16 inches back, there would be no require-
ment to lower fence or move it. This will be great expense to her. Ciry Attorney explained that
council has already decided the issue. Council would have to move to reconsider the issue. The
applicant's other recourse is through the courts. Mayor Knight said she was willing to wait for
another two weeks when we have a full council and to have Public Works investigate these other
fences to see if there were building permits and encroachment permits. Councilman Harrison said
he was willing to reconsider the issue. Mayor Knight moved to continue the item and reconsider it
at the next council meeting on June 19. Seconded by Councilman Harrison. City Attorney said it
would have to be considered as a new item because two council members have not participated in
this discussion. Councilwoman O'Mahony said she was concerned about people building in the
right-of-way, she would not approve reconsideration. She thought anyone building in the right-of-
way should be penalized. The motion canied 2-l-2 on roll call vote, Councilwoman O'Mahony
voting no, and Vice Mayor Pagliaro and Councilman Spinelli absent.
LIBRARY BOARD EXPIRATIONS
City Manager reviewed his memo of May 12 which recommended council either reappoint these
members or set July 25 as the deadline for applications to two positions on the Library Board. Kris
Cannon and Shirley Robertson have terms ending June 30, 1995.
Councilman Harrison moved to set July 25 as the deadline for applications. Seconded by Council-
woman O'Mahony and carried unanimously.
CONSENT CALENDAR
Mayor Knight said she had talked to Charles Mason, Peninsula Hospital, who had some input he
will send to council regarding "a."
a AUTHORIZE PARTI ATION IN COUNTY STUDY OF FIRE ARAMEDIC'FIRST
RESPONDER/TRANSPORT' SYSTEM
ANCE OF
TION 172 FUNDS (AB 2788)
Finance Director's memo of May 17 recommended council adopt this resolution designating
our Police and Fire Departrnents as our Public Safety Services for receiving Proposition 172
funds.
b
City Manager's memo of May 23 recommended council participate in a county-wide study of
fire first responder/transport services at a cost of $5,024. Funding would be from the
contingency reserve. The current county contract for paramedic services expires in 1997.
Fire departments are looking at providing paramedic services to increase service levels and
generate new revenue.
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c RESOLUTION 46-95 AUTHORIZING AGREEMENT WITH DOUBLETREE HOTEL FOR
INSTALLATION OF GAS ONITOR PROBES - CP 9117
Public Works memo of June I recommended council approve this agreement to install gas
monitors in the Doubletree parking lot.
Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman
O'Mahony and carried unanimously.
Mayor Knight reported on Criminal Justice, announced the Community Picnic will be held
September 17, noted the dedication of the Bill Key Memorial Bench at the train station and the
Library legislative meeting.
OLD BUSINESS
Litter was reported in the area of Starbuck's.
NEW BUSINESS
Mayor Knight set an appeal hearing for June 19 for 346 Lorton for a take-out food permit.
ACKNOWLEDGEMENTS
a. Commission Minutes: Park and Recreation, May 18; Broadway BID, April 11 and May 9;
Traffic, Safety and Parking, May 11; Planning, May 22, 1995.
b. Proclamation from City of San Mateo.
c. Letter from BART regarding meeting with city staff.
d. I-etter from Martin Cohen regarding prohibiting dogs at Art in the Park and similar events.
Mayor had spoken to Patricia Pinney who will post signs suggesting keeping dogs out of the event.
e. ktter from Art Michael regarding the M-l District Committee.
f. lrtter from Nancy Finney regarding BART stations and car thefts.
g. ktter from the Library Foundation requesting support for a "Hard Hat Party" at the Library
in October with alcoholic beverages for a fund-raising kick-off.
Councilman Harrison moved approval with condition the foundation provide adequate insurance.
Seconded by Councilwoman O'Mahony and carried unanimously. City Manager noted date may
change, we don't want to slow the library project.
h. lrtter from Jess Roat regarding removal of the Magnolia tree on Columbus.
COUNCIL COMMITTEE REPORTS
z?trJJJ
I ktter from Burlingame Paint and Wallpaper regarding valet service, loading zones and
parking.
Two letters, from American Lung Association and from San Mateo County Tobacco
Education Coalition, regarding teemgers and tobacco product accessibility.
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k.
Mayor Knight inquired about a business called "Kiosk" near Noah's Bagels, would it need a take-
out permit. Staff said no, it appears to be another "smoke shop. "
Memo from Finance Director and letter from Government Finance Officers Association about
Burlingame receiving a "Certificate of Achievement for Excellence in Financial Reporting "
made out to Linda ke, Senior Accountant.
Councilman Hanison moved to commend Linda lre and the Finance Deparfinent for work in
acquiring this award. Seconded by Councilwoman O'Mahony and carried unanimously.
CLOSED SESSION
At 8:35 p.m. Mayor Knight adjourned to a closed session regarding (a) labor negotiations with
AFSCME and (b) public employee appointrnent - Personnel Manager.
Mayor Knight noted with sadness the deaths of Rich McKinnon, former city employee and member
of Burlingame Lions Club; Marion Nyhan, mother of Park and Recreation Commissioner Thomas
Nyhan; and Eric Mausser, Burlingame businessman. After a moment of silence in their memories,
the meeting was adjourned at 8:48 p.m.
th A. Mal
ADJOURNMENT IN MEMORY OF RICH McKINNON. MARION NYHAN AND ERIC
MAUSSER
City Clerk