HomeMy WebLinkAboutMin - CC - 1998.07.06BIJRLINGAME, CALIFORNIA
JuIy 6, 1998
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 Mike Spinelli.
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, SPINELLI
O'MAHONY
MINUTES
The minutes of the Regular Meeting of June 10, 1998 were discussed; Councilwoman Knight noted on
page 2 paragraph 4 that her comment was "that a dog park would be developed on or nearby the
recreation area"; staff noted there will be a public hearing on the final EIR; the minutes were
approved unanimously 4-0-1, Councilwoman O'Mahony absent.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON VARIANCES
FOR PARKING. LOT COVERAGE AND SIDE SETBACK, TO BUILD AN ADDITION TO A
DUPLEX AT 1126-1128 LAGUNA AVENUE - DENIAL UPHELD
City Planner reviewed her memo of June 18, 1998 which recommended council hold a public hearing
regarding and take action. The applicant, Denise Groebner, is requesting three variances in order to
make a 433 SF single story addition at the first floor on the rear of the second unit of a residential
duplex. As it stands, the duplex contains one three-bedroom unit and one one-bedroom unit. The
one-bedroom unit is proposed to become a two-bedroom unit. Two covered parking spaces which do
not meet current parking dimensions are now provided. When a residential unit which is noncon-
forming is expanded, the code does not require the whole building become conforming - code does
require the portion being expanded meet code requirements. The project requires (1) a parking
variance (2 nonconforming spaces provided, 3 required); (2) a variance for lot coverage for 40.9
percent where 40 percent is the maximum allowed; and (3) a side setback variance for 25 foot wall
extension for the new construction with a 3 foot, 1 inch side setback where 4 feet is required. The
Planning Commission denied this request noting a concern about parking impact in this area which is
very close to the Broadway business area. Councilwoman Knight asked for clarification of parking
requirements and covered versus uncovered parking spaces. Staffnoted uncovered parking area is not
counted as part of required parking, and in this case is too narrow, 14 feet for two cars.
Mayor Spinelli opened the public hearing. There were no comments, the applicant was not present.
The hearing was closed.
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kd by Fire Chief Bill Reilly.
Council discussed: drove past the site and noted two cars parked in driveway; imagine there are two
cars are also parked in garage; problems of moving tandem parked cars; if all the same family as now
lives there it can be worked out, but will not always be the same family living in two units; agree but
would like to accommodate these people, perhaps could count driveway parking spaces as part of
required parking and make wider driveway; made a site visit at 9:00 a.m. and no parking on street,
this close to Broadway would impact parking; not anxious to grant parking variance in this area;
concerned about how parking would be used and managed if occupants of duplex were not of the
same family; given shortage of parking in the area, cannot require occupants be related.
Councilman Galligan moved to uphold the Planning Commission decision to deny the request.
Seconded by Vice Mayor Janney and carried unanimously 4-0-1 on roll call vote, Councilwoman
O'Mahony absent.
PUBLIC HEARING - APPEAL OF BEAUTIFICATION COMMISSION DECISION TO ALLOW
REMOVAL OF A REDWOOD TREE AT 1428 CABRILLO AVENUE
Senior Landscape Inspector reviewed his memo of June 24, 1998 which recommended council hold a
public hearing and take action. In April 1998, Conrad and Alma Dacanay applied for a permit to
remove one large redwood tree from the front yard of their property. Upon inspection, he found
sufficient reason to issue a permit. Adjacent properties were notified and a neighbor appealed the
decision. A review was held by the Beautification Commission on June 4 and the commission denied
the appeal. Two neighbors then appealed to the city council. Councilman Galligan confirmed that the
Inspector agreed the tree should be removed. Mayor Spinelli asked about the possibility of removing
only one trunk; Inspector noted that would unbalance the remaining tree trunk, it would not have
leaves or branches on the side where the other trunk was removed. Council noted several other trees
closer to the sidewalk which block view of the Redwood. Mayor noted further discussion should
come after the public hearing.
Mayor Spinelli opened the public hearing. The applicant stated he preferred to speak after the
appellants spoke. Richard Kelly, 1436 Cabrillo, and Violet Guerra, 1433 Cabrillo, spoke in
opposition to removal of the redwood tree; concern the applicant only wants to be able to park more
cars on his site - even where the tree would be removed; want to be assured the area where the tree is
would not be paved; like to see tree stay, former owner of house kept the tree trimmed and had fruit
trees which have been removed; can see the many ears parked on the site from her house; if gassed,
these also represent a safety hazard; letter applicant submitted from tree expert states "pursuant to our
conversation" and this appears to mean the expert did not inspect the tree, only talked to applicant;
agree if tree is dangerous it should be removed but acacia.s are not trimmed and this causes redwood
to have a problem; also concerned about beauty of town. Will McGowan, Beautification Commission
chairman and one of commissioners who voted against removal, said the tree could be saved by
placing a cable between the two trunks.
The applicant, Conrad Dacanay, said his lot is double, has a three car garage on second lot, 6 cars are
parked there; his father-in-law lives with him and has a garden, they removed a couple small fruit
trees to plant the garden; he is only concerned about the safety of his family and protection of his
children. The hearing was closed.
July 6, 1998 370 Burlingame City Council
Council discussed: saw this as a property rights issue, can see the property owner is concerned about
safety; our tree inspector has confirmed that the tree could be dangerous with split trunk; tree is
beautiful but think the applicant should be allowed to remove the tree and replace it with another; city
tree expert and the majority of commission believed it should be removed; did not think property
values would decline from removal; don't think the tree blocks view of driveway, cars are parked
behind hedge; applicant should be required to replace the tree with another evergreen and as close to
the area where the Redwood is removed; applicant should be aware that cars are not allowed to be
parked in the front or side setback.
Councilman Galligan moved to uphold the commission and allow removal of the tree and require
replacement with a suitable evergreen tree. Seconded by Vice Mayor Janney and carried unanimously
4-0-1 by roll call vote, Councilwoman O'Mahony absent.
PUBLIC COMMENTS
Don Cory, 833 Alpine, objected to a three minute time limit because he had a lot to discuss; he said
city trimmed trees near Oak Grove by railroad and left debris. He wanted to see the city make a park
out of the Eucalyptus grove along train tracks, there is a path between the trees and it is very beautiful
in there, city is missing an opportunity by not using this area as park. Noted the no parking signs
installed on California have caused all the trucks which used to park there to move to Carolan, the
area on California is not residential, but Carolan is residential; police should monitor this area; also
noted Alpine is used as an "off-ramp" from Carolan and cars speed, police should put a speed limit
trailer there. He would like to have a trash can placed at the bus stop at Oak Grove and California.
Several months ago he removed and placed on the sidewalk four tires someone threw into drainage
ditch, the tires are still there, why can't the city remove them. He would like to see sidewalk
installed along Carolan from Morrell to Oak Grove. He also suggested the city replace trees with
Oaks rather than Eucalyptus.
Al Deraneri, resident since 1981, has been trying to get a copy of budget from Burlingame High
School and never gets a response, they ignore his requests; he is interested in contracts between the
city and the school district. Staff noted the school district is a separate entity and city does not have
their budget. Vice Mayor Janney, a former school trustee, gave him the name of a person to contact.
Councilman Galligan also informed him about the school district budgets which do not separate items
out for each school.
Nicole Cook, one of the applicants for the project at LL26-1128 Laguna was present; said she thought
the meeting started at 7:30 p.m.; council informed her of the decision made at the earlier appeal
hearing.
INTRODUCTION OF ORDINANCE 1594 ESTABLISHING TWO STOP SIGNS ON LARKSPUR
DRIVE AT LINDEN AVENUE
Public Works Director recommended council consider adoption of an ordinance authorizing installa-
tion of two-way stop signs on Larkspur Drive at Linden Avenue. The Traffic Commission discussed
concerns of neighbors at the meetings in February, March, April, May and June. Although the
intersection does not meet warrants for a stop sign, the commission supported installation of stop signs
because of the large number of small children in the neighborhood.
Burlingame City Council 371 July 6, 1998
Mayor Spinelli asked the city clerk to read the title of the ordinance. Councilman Galligan moved to
waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously 4-
0-1 by voice vote, Councilwoman O'Mahony absent. Vice Mayor Janney moved to introduce
ORDINANCE t594. Seconded by Councilman Galligan and carried unanimously 4-0-1 by voice
vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the
ordinance at least 5 days before the hearing on July 20, 1998.
CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR AMERICAN BULL BAR & GRILL
AT 1817-1819 EL CAMINO REAL
City Attorney reviewed his memo of June 24,1998 which recommended council review the request
for coin-operated machines, live jazz band performances twice monthly on Saturday or Sunday
afternoons, lounge music with live performers and private parties with disc jockeys. A new permit
would be valid until June 1999. The American Bull has replaced Mr. K's in the Burlingame Plaza
Shopping Center. The establishment has been open for about a year and the police report the
operators do an excellent job. During this time, no entertainment has been offered. Staff recom-
mends approval with usual conditions.
Councilman Galligan moved approval of the new amusement permit as recommended. Seconded by
Vice Mayor Janney and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent.
City Manager reviewed the Finance Director's memo of June 24, 1998 which recommended council
introduce an ordinance to establish the water rates for 1998-99 which will become effective on
September 1, 1998. Water rates are reviewed annually and are based on operating expenses and
capital improvement plans for the city water system. Single family rates will increase 5.2 percent,
from $1 .92 to $2.02 per 1,000 gallons; Burlingame Hills resident rates will increase 5.2 percent to
$2.25; and the fixed monthly meter charge will increase by 7 percent.
Mayor Spinelli asked the city clerk to read the title of the ordinance. Councilman Galligan moved to
waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously 4-
0-1 by voice vote, Councilwoman O'Mahony absent. Vice Mayor Janney moved to introduce
ORDINANCE 1595. Seconded by Councilman Galligan and carried unanimously 4-0-1 by voice
vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a sufirmary of the
ordinance at least 5 days before the hearing on July 20, 1998.
INTRODUCTION OF ORDINANCE 1596 SETTING 1998-99 SEWER RATES
City Manager reviewed the Finance Director's memo of June 24, 1998 which recommended council
introduce an ordinance to establish the sewer rates for 1998-99 which will become effective on
September 1, 1998. EPA regulations require that operation and maintenance costs for the city's sewer
enterprise be paid from the sewer rate with a specific method for calculating the rate based on flow
and loading. The new rates were developed based on the 1998-99 budget and capital improvement
program and include debt service expenses of $1,700,000. Rates are based on the user's water
consumption, residential rates use a three-year average, while multifamily and commercial use current
water consumption. Proposed rates for single family use will increase 4.7 percent to $2.40 per
July 6, 1998 372 Burlingame City Council
INTRODUCTION OF ORDINANCE 1595 SETTING 1998-99 WATER RATES
thousand gallons of water used; multi-family will increase 2.1percent to $2.97; institutional will
increase by 7.7 percent to $0.93; light commercial will increase by 9.7 percent to $4.65; moderate
commercial will increase by 3.2 percent to $6.38; and restaurant will increase by 2.6 percent to $8.36
per thousand gallons used.
Mayor Spinelli asked the city clerk to read the title of the ordinance. Councilman Galligan moved to
waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously 4-
0-1 by voice vote, Councilwoman O'Mahony absent. Councilwoman Knight moved to introduce
ORDINANCE 1596. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote,
Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the
ordinance at least 5 days before the hearing on July 20, t998.
INTRODUCTION OF ORDINANCE 1597 TO PROHIBIT PARKING BETWEEN 10 P.M. AND 6
A.M. ON WEST SIDE OF GILBRETH ROAD FROM COWAN ROAD TO MAHLER ROAD
Public Works Director reviewed his memo of June 23, 1998 which recommended council introduce an
ordinance to prohibit parking between 10:00 p.m. and 6:00 a.m. on the west side of Gilbreth. At
their regular meetings of February, March, April, May and June, the Traffic Commission (TSPC)
considered setting a parking limit to deter long term parking of trucks and trailers. Over this period
staff contacted truck owners who were instructed not to store their vehicles at this location. However,
some other truckers and businesses from outside the city continue to use Gilbreth Road for overnight
and long term truck and trailer storage. Therefore the TSPC recommended a no parking from 10
p.m. to 6 a.m. ordinance be adopted. Councilwoman Ifuight expressed concern that this will result in
these vehicles being moved to another area, just as Mr. Cory had complained about on Carolan.
Mayor Spinelli asked the city clerk to read the title of the ordinance. Vice Mayor Janney moved to
waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously
4-0-1 by voice vote, Councilwoman O'Mahony absent. Councilwoman Knight moved to introduce
ORDINANCE 1597. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote,
Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the
ordinance at least 5 days before the hearing on July 20, 1998.
DIRECTION TO STAFF ON TOBACCO REGULATION
City Attorney reviewed his memo of June 29,1998 which recommended council consider whether
addition regulation of tobacco products is needed. San Mateo County and the cities of San Mateo and
Millbrae have adopted ordinances that require all businesses that sell any tobacco products to obtain a
tobacco sellers permit, which in the case of the county would cost $25 for a five year permit. Staff
does not have any information on whether tobacco sales to minors is a significant problem in
Burlingame. Staff felt State regulations were sufficient to control this problem. Council took no
action.
REORGANIZATION OF PERSONNEL FUNCTION
City Manager reviewed his memo of June 23,1998 which recommended council approve a reorgani-
zation of the personnel function for a six month trial period. Four existing positions would receive 5
percent out-of-classification pay and the Personnel Manager position would be held vacant for the trial
Burlingame City Council 373 July 6, 1998
period. Councilman Galligan said the money saved from keeping this position vacant for six months
might be used to help the Senior Accountant during audit work given the large amount of overtime
she has had to put in over the past few years. Council asked about covering the Civil Service
meetings; staff would split this duty; noted though the commission only meets four or five times a
year, but the commissioners put in lots of time on full day job interviews many times a year.
Councilwoman Knight moved to approve the proposed reorganization for a six-month trial period.
Seconded by Councilman Galligan and carried unanimously, 4-0-1 by voice vote, Councilwoman
O'Mahony absent.
INTRODUCTION OF ORDINANCE 1598 REVISED URBAN REFORESTATION AND TREE
PROTECTION
Park & Recreation Director reviewed his memo of July 2, 1998 which recommended council
introduce this ordinance for the proposed changes to the Urban Reforestation and Tree Protection
Ordinance. Three Beautification Commissioners and the Senior Landscape Inspector have worked for
some time to update and clarify the ordinance.
Mayor Spinelli asked the city clerk to read the title of the ordinance. Councilman Galligan moved to
waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously 4-
0-1 by voice vote, Councilwoman O'Mahony absent. Councilman Galligan moved to introduce
ORDINANCE 1598. Seconded by Councilwoman Knight and carried unanimously 4-0-1 by voice
vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the
ordinance at least 5 days before the hearing on July 20, 1998.
CONSENT CALENDAR
RESOLUTION 65-98 AUTHORIZING AGREEMENT FOR WATER SYSTEM MODEL.
PHASE II - CP 9715
Public Works memo of June 25, L998 recommended council adopt a resolution approving an
agreement with Roman & Lougee, Consulting Engineers in the amount of $114,400 for a
detailed computer analysis of the city's water system including emergency water wheeling
between adjacent cities; evaluation of various phased increases in storage; water quality
analysis. The agreement is separate from the major TriCities water study in that it covers
only the Burlingame system.
(1) RESOLUTTON 66-98 AWARpTNG CONSTRUCTTON CONTRACT FOR THE BEACH
ROAD BIKE/PEDESTRIAN BRIDGE PROJECT - CP 8926
(2) RESOLUTION 67-q8 APPROVING CONSTRUCTION MANAGEMENT SERVICES
CONTRACT - CP 8926
Public Works memo of June 30, 1998 recommended council approve awarding the (1) Beach
Road Bike/Pedestrian Bridge Project to River City Constluctors in the amount of $269,696 and
(2) approve a construction management services contract with Wilsey Ham in the amount of
$45,700. This project consists of removing an unsafe bridge and replacing it with a single
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July 6, 1998 374 Burlingame City Council
b.
span prefabricated steel bridge with concrete abutments, bridge piles and a new water line. It
should be completed by December 1998.
RESOLUTION 68-98 AUTHORIZING AGREEMENT WITH US FILTER/EOS FOR
OPERATION OF WASTEWATER TREATMENT PLANT
Public Works memo of June 22, 1998 recommended council approve a draft five year contract
with U.S. Filter Operating Services for operation and maintenance of the Wastewater
Treatment Plant subject to finalization by the City Attorney. The new contract incorporates
into basic compensation several services which were previously billed separately and removes
major maintenance from basic compensation because of its variability. Capital improvements
would be billed separately. There is no change in the total cost for these services from the
present contract.
RESOLUTION 69-98 AUTHORIZING NPDES STORMWATER MANAGEMENT PLAN
FOR 1998-OO GENERAL PROGRAM
Public Works memo of June 24, 1998 recommended council endorse the 1998-99 General
Program as adopted by CCAG and use the San Mateo County Flood Control District as the
funding mechanism to support the activities. The EPA imposed regulations that mandate local
government to control and reduce the amount of storm water pollution runoff into the bay.
This program is funded in our city by a fee imposed on each parcel. The fee for single family
homes is $3.44 per parcel. This is not an increase over last year's rate.
e. REJECT CLAIM OF GILBERT RIEDWEG FOR TOWING OF VEHICLE
City Attorney's memo of June 23, L998 recommended council deny this claim for towing his
vehicle in March 1998.
ENCROACHMENT PERMIT FOR TWO PILASTERS AND A GATE AT 924 OAK GROVE
AVENUE
Public Works memo of June 23, L998 recommended council approve a permit subject to usual
conditions.
g. ENCROACHMENT PERMIT FOR FENCE AT 18OO RAY DRIVE
Public Works memo of June 15, 1998 recommended council approve a permit subject to usual
conditions.
h. TENTATIVE AND FINAL PARCEL MAPS FOR 1845 ROLLINS ROAD
Public Works memo of June 24, 1998 recommended council concur with the Planning
Commission and approve the map to merge four lots at 1845-1855 Rollins.
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Burlingame City Council 37s July 6, 1998
l.FINAL CONDOMINIUM MAP FOR FOUR UNITS AT 38 LORTON AVENUE
Public Works memo of June 24, 1998 recommended council concur with the Planning
Commission and approve the final map.
J. REJECT CLAIM OF LOUIS LIBERTY FOR PARKING METER VIOLATIONS
City Attorney's memo of June 25, 1998 recommended council reject this claim for allegedly
improper parking ticket issuance.
k.APPROVAL TO PROCEED WITH STUDY OF UNRESOLVED ISSUES FOR THE TRI-
CITIES WATER PROJECT
Public Works memo of June 26,1998 recommended council authorize staff to proceed with a
study of unresolved issues for the Tri Cities Water Project. The city councils of Burlingame,
Hillsborough and Millbrae received an overview of the project at a joint meeting on June 25,
1998. There are several unresolved issues which will have an impact on the project cost
including: the availability of surplus SFWD property for needed piping, storage and pumping
facilities, the cost of acquiring and the condition of abandoned SFWD pipe for possible use;
the geotechnical assessment of two possible storage sites. Burlingame's estimated share of a
study would be $25,000.
Councilwoman Knight moved approval of the Consent Calendar. Seconded by Vice Mayor Janney
and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight reported on Art in the Park and she congratulated the Parks & Recreation
Department and Tricia Pinney for an outstanding event; she attended Special Olympics Torch Run and
thanked the Police for the t-shirts given to council; also attended a joint Board of Supervisors meeting
of San Francisco, San Mateo and Santa Clara Counties where they supported a Caltrain extension to
the Airport; she also attended Transportation Authority; and Council of Cities. Vice Mayor Janney
reported on Convention & Visitors Bureau board meeting. Mayor Spinelli announced that CCAG
elected Councilwoman O'Mahony as chairman. Councilman Galligan attended the Police & Fire
recreation night for teens; Council of Cities; Art in the Park; Burlingame Together; and he congrat-
ulated the Public Works Director on his fine presentation at the joint cities meeting on June 25, 1998.
OLD BUSINESS
Councilman Galligan asked when the streets would be refinished after the sewer installation on El
Camino and California Drive. Staff explained that the new system must be tested before to be sure
everything is working properly; then the streets can be repaved.
Councilwoman Knight congratulated the Senior Commission and staff on the new Senior Resources
handbook. Council asked where it would be available for the public, staff responded at city hall,
recreation center and the library.
July 6, 1998 376 Burlingame City Council
a.
NEW BUSINESS
Mayor Spinelli scheduled a public hearing for the July 20, 1998 for an appeal of the Planning
Commission decision on a garage at 1,12 Central.
Councilman Galligan gave staff an article about AB 2621which seem to take control of developers
from small cities. He asked staff to look into this bill.
ACKNOWLEDGMENTS
Commission Minutes: Beautification, June 4; Traffic, Safety and Parking, June 11; Senior,
June 18; Park & Recreation, June 18; Planning, June 22, 1998.
Department Reports: Police, May 1998.
Letter from Richard Newman regarding parking problems caused by auto dealers on Highland
Avenue between Howard and Bayswater.
At 8:35 p.m. the meeting was adjourned to a closed session to confer with the City Manager on (1)
Labor Negotiations with the Police and Fire Administrators, the Fire Fighter's Union and the Police
Officers Association; and (2) on Public Employment Matters with the Chief of Police.
ADJOURNMENT IN MEMORY OF MIKE ELLIS AND EDWIN DREILING
Mayor Spinelli noted with sadness the recent death of Civil Service Commissioner Mike Ellis; he said
Mike had given a lot to our city over the years, having served on several other commissions; his death
was a great loss to the city; he asked that city flags be flown at half-mast for one week. He also noted
the death of Edwin Dreiling, father of Martin Dreiling. Edwin was a long time resident of
Burlingame and a veteran of World War II who received the Purple Heart while serving in the Navy.
After a moment of silence, he adjourned the meeting in their memory at9:22 p.m.
Judith A. Malfatti
City Clerk
b.
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CLOSED SESSION
Burlingame City Council 377 July 6, 1998
The meeting reconvened at 9:21p.m. and the City Attorney announced that the City Manager
received direction from the council on labor negotiations and a public employment matter. No action
was taken.