HomeMy WebLinkAboutMin - CC - 1997.04.23BURLINGAME, CALIFORNIA
April 23,1997
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 7:00 p.m. by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Fire Chief Malcolm Towns
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of April 7 , 1997 were approved unanimously after a change to
page 5 by Councilwoman Knight to show she also "wondered how much city staff is involved in the
holiday open house and how much Chamber time" and on the next page "commissions discussed
agenda without notifying interested parties. "The minutes of the Joint City Council/Planning
Commission meeting of APril 12, 1
Councilman Harrison adding "new
report as part of their orientation. "
997 were unanimously approved after a change on page 4 by
commissioners and new council members should be given this
t42
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON A HEIGHT
VARIANCE FOR A SINGLE FAMILY HOME AT 113 COSTA RICA - DENIED
City planner reviewed her memo of April 9 which recommended council hold a public hearing and
take action. Tom and Jean Marie Buclley are requesting a height variance in order to build a pitched
roof over an existing flat roof on their English Tudor style single family residence. The existing roof
has a 1/1 pitch roof ending in a flat roof at 29* feet above the average top of curb. The request
would increase the height of the structure to 37 feet (the maximum height allowed is 30 feet). The
skytights in the flat roof would be removed and light wells would be installed connecting them to
sryfignts in the new pitched roof instead. The house was built in 1992 before new FAR regulations
were aOopted in 1993. The planning Commission denied this request at its meeting of March 24,
lggT . Vice Mayor Spinelli asked abour the height of the chimney and whether it would need to be
changed for a higher ioof. Staff responded the chimney height is part of the fire code and it might
need to be made higher or modified.
Mayor O'Mahony opened the public hearing. Jean Marie Buckley, applicant, read a statement about
the need for a changl to their ioof line; they have experienced extensive leaks and the contractor and
roofer disagree about cause; all agree that a continuation of the Tudor pitched roof to a peak 7 feet
above the present flat roof would solve the problem; most neighbors support the proposal; using attic
area as living space is not being considered; she believed they met the circumstances for need of a
varrance
Council members all agreed the Buckley home is a very pretty house but they failed to see a reason to
grant a variance or make findings, a leaky roof is not an exceptional circumstance; sympathized with
the leaking roof problems, had experienced the same problem; opposed increasing size and height of
houses, mass added to house by new roof would not work with houses in area; this house is probably
one of the "big houses" council received complaints about when reviewing FAR; agree with Planning
Commission findings, there are no exceptional circumstances or unnecessary hardships to justify
granting this variance, it would be detrimental to the neighborhood and no compatible with neighbor-
hood; there is another pitched roof house four doors away but it is shorter than this existing house;
this new roof would add too much mass.
Councilwoman Knight moved to uphold the Planning Commission action denying the request for a
height variance, noting there was no unnecessary hardship being experienced and the proposed roof
change wold not fit the neighborhood. Seconded by Councilwoman Janney and carried unanimously
by roll call vote.
SECOND READING OF ORDINANCE 1567 AMENDING PERS RETIREMENT CONTRACT TO
PROVIDE 2 PERCENT AT AGE 55 FORMULA FOR LOCAL MISCELLANEOUS EMPLOYEES
City Manager reviewed his memo of April 10 which recommended council hold a public hearing and
take action to amend our PERS retirement contract. This amendment will revise our retirement
benefits for non-safety employees from the current 2 percent at age 60 to 2 percent at age 55 formula.
The cost of this optional benefit is 3.836 percent of payroll effective July 1, 1998. Four employee
bargaining groups have agreed to long-term contracts which have no salary increase inL997-98 and a
1 percent reduction in the 1998-99 salary increases to fund this increased cost. The resolution of
intention to make this change was adopted at the March 79, 1997 meeting. The clerk has published a
summary of the ordinance before this hearing and will publish a final surnmary after adoption. This
benefit is now provided by several other Peninsula cities to their employees. Our public safety
employees have a 2 percent at age 50 formula.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison moved to adopt ORDINANCE 1567 Amending the PERS Retirement Contract
Seconded by Councilwoman Janney and carried unanimously by roll call vote.
PUBLIC COMMENTS
Phillip Armstrong,2l4 Arundel, discussed his desire to see council appoint a Bicycle Advisory
Committee (BAC) to advise and assist council and staff on biking issues. He presented council with
an outline of his suggestions. He believed such a committee could help staff with conceptual planning
and prioritizing cycling projects, and with application for grants and finding funding sources for
bicycle projects. He noted that May 20 is "Bike to Work Day" and he offered to assist in any way
council desired.
Burlingame City Council 143 AprilZ3, t997
PERIODIC REVIEW OF AMUSEMENT PERMITS
Tavern Grill. 1448 Burlingame Avenue
City Attorney reviewed his memo of April 16 which recommended council review the amusement
permit and schedule another review in 90 days. On January 22 council approved continuing the
amusement permit for Tavern Grill but imposed an additional condition regarding "last call" for
service of alcohol. The police department reports that Tavern Grill has complied with its conditions.
They recommended council removed the condition requiring police officers on duty one night a week
for four hours. Councilwoman Knight asked about the problems with occur in the rear parking lot;
staff responded that Police patrol the lot, that things are improving and the owners of the business are
very cooperative. Councilman Harrison noted he had met with the owner a few days ago.
Councilman Harrison moved to approve the recommendation including removal of the condition
requiring police officers on duty and to review again in 90 days. Seconded by Councilwoman Janney
and carried unanimouslY.
Moon Msshane's Pub. 269 Primrose Road
City Attorney reviewed his memo of April 16 which recommended council review the amusement
permit, add two conditions, and schedule another review in 90 days. The police department reports
ihe business continues to work well with the department and has addressed potential problems. The
police recommended two standard conditions be added simply requiring (1) reports to the police of
any fight, ejection of customer, thefts from customers, or any other criminal act, and (2) any request
byanyone in Moon Mcshane's for any employees to contact the police shall be honored immediately,
without question"
Councilman Harrison moved to approve the recommendation adding the two standard conditions and
to review again in 90 days and he recommended adding a condition for "last call" at 1:20 a.m. for
alcoholic beverages. Seconded by Councilwoman Janney and carried unanimously.
FROM LAST MEETING
The City Manager reviewed his memo of April 16 which recommended council direct staff on parking
enforcement during the holiday season. At the last meeting, council withheld action on the Chamber
request for free holiday parking. Councilman Harrison noted the Chamber Board discussed this and
there seemed to be a consensus to drop the request. Council concurred.
COMMISSIONER TERM EXPIRATION
City Manager his memo of April 15 which recommended council take action. Library Board member
Jane Taylor,s term ends on June 30, Lgg7. Unless council wishes to reappoint the incumbent at this
time, he suggested council set a deadline of Tuesday, Mray 27 , 1997 fot accepting applications' The
incumbent will be invited to reapply if she wishes to serve again. Council concurred and set a
deadline for May 27, 1997.
Apr1l23,1997 144 Burlingame Ciry Councit
CONSENT CALENDAR
Councilwoman Knight removed item "b" regarding ABAG insurance
a.RESOLUTION 32-97 AWARDING THE CONTRACT FOR RECREATION CENTER
REMODEL. PHASE I & RESOLUTION 33-97 AWARDING CONTRACT FOR ASBESTOS
REMOVAL
Recreation Superintendent's memo of April 14 recommended council award this contract to
Thorenfeldt Construction for the amount of $332,700. He also recommended awarding the
contract for asbestos removal to Precision Works for the amount of $14,229. This construc-
tion plan takes into account ADA requirements and unreinforced masonry issues.
b. Removed
City Attorney's memos of April 17 recommended council reject these claims for (1) a sidewalk
fall at Embassy Suites Hotel and (2) an auto accident.
c. WARRANTS & PAYROLL
Finance Director recommended approval of Warrants Number 48935 - 49553, duly audited, in
theamountof $1,926,676.27, PayrollChecks 94294-95007 forthemonthof March 1997 in
the amount of $1,957,436.55 and Electronic Fund Transfers for the month of March 1997 in
the amount of $273,980.69.
Councilman Harrison moved approval of the consent calendar except item "b. " Seconded by
Councilwoman Janney and carried unanimously.
REMOVED CONSENT ITEM
APPROVE RECOMMENDATION THAT THE CITY CONTINUE ITS LIABILITY AN
PROPERTY INSURANCE PROGRAM WITH ABAG PLAN
City Attorney's memo of April 16 recommended council authorize the city to remain with
ABAG Plan for the coming year for the city's liability and property insurance, master public
officials' bonds, and claims administration.
Councilwoman Knight asked about ABAG's handling of tree claims. City Attorney reviewed that
ABAG coverage is broader than the city could get privately; ABAG is more willing to participate in
sewer and tree settlements; staff is comfortable with contract and will review continuously.
Councilman Harrison moved approval of the recommendation to continue the insurance program with
ABAG. Seconded by Councilwoman Janney and carried unanimously.
COUNCIL COMMITTEE REPORTS
Vice Mayor Spinelli reported on the Airport Roundtable. Councilwoman Knight told about the Criminal
Justice Council's retreat. Councilman Harrison attended Chamber of Commerce meeting. He noted the
b
Burlingame City Council 145 Apit23, t997
Art on the Avenue event is not a Chamber activity, it is sponsored by the Avenue Merchants; the
Chamber sent a letter to Starbuck's about its concerns about loitering and littering at the business and the
Chamber recommended the city exercise it prerogative for temporary revocations and to pull permits for
tables and chairs for enforcement. Councilwoman Janney attended CMAC. Mayor O'Mahony went to
CCAG; she noted all council members attended Youth In Government Day and she thanked staff for their
efforts. Councilwoman Knight mentioned the Shinnyo-En "Bridge of Friendship" event at Roosevelt
School which council members attended.
OLD BUSINESS
Vice Mayor Spinelli said he received a disturbing phone call about someone "surfing pornographic
websites,, on computers at the Library; he would like to see a policy against this and have it posted at the
Library; there is software that can be installed to override access to certain programs on the web; he
would like to see a report on this and like the library staff to be able to contact the police. Staff noted
the Library Board did approve a policy and they did not want to include censorship' Police chief said
unfortunately the *un *u, not breaking the law and the library may need to revise its policy'
Councilman Harrison asked about the proposal from Joe Karp for a "Safe Streets" Halloween program
that was brought before council u .o,rpi. weeks ago. He would like this agendized for a study meeting'
Staff is waiting reports on this program. Councilman Harrison would also like the bicycle committee
proposal agendized for a study -..1i.rg. He asked about the littering problem at a dumpster at the site
of the old Wells Fargo Bank. Staff has been checking and the mess has been cleared up'
councilwoman Knight talked to a car dealer while having her car repaired and there is a rumor going
around that the ciry is ,.discouraging auto dealerships" and "making it difficult." She assured them the
city supports its car dealers and she thought maybe we need to do a little "PR'"
NEW BUSINESS
Councilman Harrison said he would like to direct the City Attorney and City Planner to pursue
enforcement of encroachment permits as discussed at the April 12 meeting. city Attorney said he and
the public Works Director would work out a program for enforcement since Public Works is responsible
for encroachment Permits.
ACKNOWLEDGMENTS
a. Commission Reports: Beautification, April 3; Traffic, Safety and Parking, April 10; Planning,
April 14, L997.
b. Department Reports: Treasurer, March 31; Police March 1997.
c. proclamation for "National Library Week and TV Turnoff Week" April 23-30, L997 '
d. Memo from the City Attorney and City Planner regarding follow up on suggestions from he Joint
city council/Planning commission Meeting of April 12, 1997 '
e. Invitation from the Burlingame Women's Club to its 90th Anniversary Celebration.
April23,1991 146 Burlingame CitY Council
f.Letter from the Airport Roundtable regarding the draft amendment to the 1981 Roundtable
MOU.
Letter from Paul Wetzel objecting to litter and parking problems from girls' softball use at Ray
Park. Council complimented the Parks & Recreation Director on his response to this letter.
ADJOURNMENT IN MEMORY OF GEORGE SINCLAIR
Mayor O'Mahony sadly noted the recent death of George Sinclair, a friend of Vice Mayor Spinelli
and a local architect who took part in the Broadway Charette. After a moment of silence in his
memory, the meeting was adjourned at 8:47 p.m.
(}5
Judith A. Malfatti
City Clerk
Burlingame City Council 147 Apr1l23,1997