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Home My WebLink AboutMin - CC - 2000.02.07BURLINGAME, CALIFORNIA February 7,2000 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. Mayor Rosalie O'Mahony called the meeting to order at7:04 p.m. Prior to the regular meeting, the Council met at 6:30 p.m. with the Traffic, Safety and Parking Commission to discuss parking and traffic issues. Led by Tom Bums ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: GALLIGAN, JANNEY, O'MAHONY, SPINELLI, COFFEY NONE MINUTES The minutes of the regular meeting of January 19, 2000 were iinanimously approved after Mayor O'Mahony made two corrections; the first being on page 2, fnst paragraph, under the Planning and Commission Appointments: "Mayor O'Mahony's reason for not supporting Mr. Osterling because while serving on another commission, he missed five out of ten meetings in a ten month period in 1992". The second correction on page 4, under the heading of Council Committee Reports, the following was omitted: "Mayor O'Mahony also attended the CCAG Administrative meeting on January 12, and the San Mateo County Investment Advisory Committee on January 10." The minutes of the special meeting of January 26,2000 were uiranimously approved, with Councilman Spinelli and Councilman Coffey abstaining due to not being present at the meeting. PUBLIC HEARING _ APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A SIDE SETBACK VARIANCE FOR A SINGLE FAMILY HOUSE AT 149 PEPPER. ZONED R.1: RESOLUTION #13-2OOO APPROVING CATEGORICAL EXEMPTION AND SIDE SETBACK VARIANCE City Planner Monroe reviewed her staff report of February'7, which recommended City Council hold a public hearing and take action on the variance requested. The applicants are proposing to make a 505 square foot first floor addition to the existing 3,196 square foot three bedroom house; the addition would increase the number of bedrooms to four. The total floor area of the existing house is .3 1 FAR, with the addition the FAR will increase to .39 (.46 allowed). Lot coverage will be increased from26Yo to 34Yo, (40% is the maximum allowed). This addition will extend the line of the existing 5i foot wall along the west side of the property, already three feet from property line, an additional32 fee!.. The side setback required in this area is four feet. Council members had no questions of staff. Mayor O'Mahony opened the public hearing. Andrew and Trina Pascal, 149 Pepper, spoke that they acknowledge the responsibility of the Planning Commission to maintain the character and integrity of the February 7,2000 72 Burlingame City Council PLEDGE OF ALLEGIANCE TO THE FLAG Mayor O'Mahony opened the public hearing. Andrew and Trina Pascal, 149 Pepper, spoke that they acknowledge the responsibility of the Planning Commission to maintain the character and integrity of the community. They felt the proposed addition would not impact their neighbor's lifestyle and hoped that the Council would agree. The following neighbors spoke in favor of the addition to the home at 149 Pepper: Pablo Perez,2ll Chapin Lane, Dianna Herrmann, 141 Pepper Avenue, noting support in reversal of Planning Commission action, need to encourage rehabilitation of older homes such as this and to make them usable for young families. Alan Kaufman and Bernardo Unquieta, BRU Architects, noted clients direction was to add and keep integrity of existing house. Addition has a low roof to protect neighbor and maintain view of rear yard for homeowner. Exterior materials will be the same except the roof which will be covered by a trellis. Photos presented showing cannot see addition from the street; Councilman Spinelli asked the applicants if the rt*UU".y along the property line would remain or be removed. Trina Pascal stated that they are working closely with the neighbors in choosing landscaping materials that both agree upon. Council Comment: Design has considered the impact on the next door neighbor; Planning Commission concerned about the fact that the roofdoes not fit the design ofthe house, but the roofand addition cannot be seen from the street; neighbors support the addition; it will not impact them; the project is not subject to design review ordinance; this variance can be granted on the fact that it is minor, an extension of an existing condition and is needed to preserve the property rights of the applicant without affecting the neighbor or neighborhood; will work with neighbor to replace and enhance vegetative screening along this side property line; important not to impose design review on projects not subject to that regulation. Vice Mayor Galligan moved to grant the side setback variance for 149 Pepper; seconded by Councilwoman Janney and carried unanimously 5-0. PUBLIC COMMENTS Ken Castle,l4ll Drake Avenue, spoke as the official representative of the Burlingame Homeowner's Association on two subjects; one being the possible plan to relocate a winter homeless shelter at Broadway and Rollins; felt this usl should not be on the doorstep of one of the main business districts the City is trying to upgrade. Second, concerned about the intention to move forward on the removal of the magnolia trees on nroaJ*ay; feels additional public input is needed and urged Council to delay this project and reconsider the plan. Mike Gratesma, a resident of Burlingame, felt removal of the trees on El Camino or anywhere would be disrupting the essence and soul of the community; felt a public hearing should take place before the decision is made. Russ Cohen, 605 Lexington Way, questioned why the Council is not accepting the recommendation from the Beautification Commission to save the magnolia trees. Felt ttre Council owed it to the community to look at solutions that may be less traditional, possibly request ideas from the community. INTRODUCTION OF ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION rsrzrro or rnn nnuNrcrpar, cooE to rNcnnasr rnrc v.lr,rulTY oF SEWER LATERAL rusts rRoNr s yraRs ro ro yn,q.Rs lxu MaKE orHrR CL.{RIryrXG CHANGES Director of Public Works presented the staff report noting the City has adopted a sewer test ordinance that Burlingame city council 73 February 7 ,2000 requires sewer laterals be tested when property is sold or transferred in order to ensure that sewer laterals perform adequately and infiltration from surface and ground water to the sanitary sewer system is reduced. Experience shows that five years is too short a time for testing and creates an unnecessary expense for property owners, and is recommending the time period for testing after replacement be extended to ten years. A motion was made by Councilman Coffey to waive the reading of the ordinance; seconded by Councilman Coffey and carried unanimously 5-0. A motion was made by Councilman Spinelli to move introduce the proposed ordinance; seconded by Coucilwoman Janney and carried unanimously 5-0. Mayor O'Mahony directed the City Clerk to publish notice of the proposed ordinance at least five days before its proposed adoption. RESIGNATION OF COMMISSIONER DOUG SCHWARTZ OF THE CIVIL SERVICE COMMISSION: For personal reasons, Commissioner Doug Schwartz announced his resignation from the Civil Service Commission. Mayor O'Mahony stated that Councilman Spinelli and Vice Mayor Galligan had interviewed candidates last month for this commission; Vice Mayor Galligan felt Jerry Wentworth would be very qualified to sit on the Commission and made a motion to appoint Mr. Wentworth if he is willing; Councilman Spinelli seconded the motion; carried unanimously to appoint Mr. Wentworth to the Civil Service Commission 5-0. INTRODUCTION OF CITY OF BURLINGAME ADOPTING CH 10.25 - DAYTIME CURFEW FOR MINORS Police Chief Missel reviewed his memo of January 25,2000 and stated that the research conducted on the past three school years showed that approximately 30Yo of the juveniles arrested in Burlingame were arrested during school hours. They also noted that approximately 26%o of the burglaries in Burlingame for the past three years occurred during school hours. Although there are state laws to control truancy, there is no incentive to enforce those laws because the Juvenile Court in San Mateo County is too crowded with "more serious cases" to devote time to truants. An alternative strategy has been developed which uses Juvenile Traffrc Court and suspension, revocation or delaying issuance of a California driver's license to any student who violates daytime curfew ordinances. The problem of truancy and compliance has been discussed with Burlingame High School's administrative staff who supports this ordinance. Mayor O'Mahony asked if an easement would count as a public place; City Attorney noted everywhere but a minor's home and private backyard could count as a public place. Councilman Coffey moved to waive the reading of the ordinance; Councilwoman Janney seconded the motion; motion carried unanimously 5-0. Coucilwoman Janney moved to introduce the ordinance for daytime curfew for minors; Seconded by Vice Mayor Galligan and carried unanimously 5-0. Mayor O'Mahony directed the City Clerk to publish notice of the proposed ordinance at least five days before its proposed adoption. February 7,2W 74 Burlingame City Council -d. -h. CONSENT CALENDAR a.RESOLUTION 14.2OOO TO SUPPORT PROPOSITION 12 - THE SAFE NEIGHBORHOOD PARIG. CLEAN WATER. CLEAII AIR. AND COASTAL PROTECTION BOND ACT OF 2000 Recommended by Director of Parks and Recreation that the City Council consider Proposition 12 on the March 7,2000 ballot and pass a resolution supporting the measure. b.RESOLUTION I5.2OOO ADOPTING RULES AND REGULATIONS FOR THE USE OF THE GOLF AND SOCCER CENTERS AT BAYSIDE PARK Recommended by Director of Parks and Recreation banning smoking and the presence of dogs at the new golfcenter and soccer center at Bayside Park. c.RESOLUTION 16.2000 AGREEING TO THE REQUIREMENTS OF THE METROPOLITAN TRANSPORTATION COMMISSION. STATE OF CALIFORNIA. AND UNITED STATES GOVERNMENT FOR THE FEDERAL SURFACE TRANSPORTATION PROGRAM AND CONGESTION MITIGATION AND AIR OUALITY PROGRAM Director of Public Works recommends approval of the resolution agreeing to the conditions of the Federal Surface Transportation Program and the Congestion Mitigation and Air Quality Program. RESOLUTION 17-2OOO ACCEPTING COMPLETION OF THE LAGT]NA PLAYGROTINI) REHABILITATION, CITY PROJECT NQ.9E47 Parks Superintendent recommends Council accept the completion of the playground construction at Laguna Park performed by J. J. R. Construction of San Mateo in the amount of $60,000. e.RESOLUTION 18.2OOO ACCEPTING IMPROVEMENTS - MILLS CAIYYON SEWER ACCESS ROAD REPAIR. CITY PROJECT NO. 9733 Recommended by Director of Public Works to accept the Mills Canyon Sewer Access Road Repair project in the amount of $521,650. f. RESOLUTION 19.2OOO URGING SUPPORT OF PROPOSITION 26 ON THE MARCH 7. 2OOO BALLOT TO E SCHOOL FACILITIES City Attorney urges support for Proposition26 on the March 7,2000 ballot. g. RESOLUTION 20-2000 ADOPTING FEES FOR THE USE OF THE CITY'S GOLF RANGE Recommended by the Director of Parks and Recreation to approve the user's fees for the operation of the City's golf range at the Burlingame Golf Center in Bayside Park. FO BROADWAY STRE,ETSCAPE IMPROVEMENTS _ FROM CHULA VISTA TO LAGUNA 75 February i,zoC0Burlingame Ciry Council AVENUE. CITY PROJECT NO. 9511 It is recommended by the Director of Public Works to approve the resolution to award Vanguard Construction the contract for $384,820 for the Broadway Streetscape Improvements. t.RECEIVE REPORT OF PLAIINING COMMISSION ON NEGATIVE DECLARATION AND GENERAL PLAN CONSISTENCY OF PROPOSED ACOUISITION OF 1140 LAGT]NA AVENUE City Attorney requests the Council receive and consider report of Planning Commission on proposed acquisition of 1140 Laguna Avenue. RESOLUTION 22.2OOO ADOPTING FEES FOR THE USE OF THE CITY'S AOUATIC CENTER, AUTHORIZING AQU SCHEDULES Recommended by the Director of Parks and Recreation to approve a resolution establishing the user's fees for public swimming at the Burlingame Aquatic Center, establishing job descriptions for part-time stafl and setting salary schedules for part-time employees who will operate and supervise the Burlingame Aquatics Center. K. REJECT CLAIM OF JOHN WELSH FOR INJURIES OCCURING ON JULY 10. 1999 City Attorney recommends rejecting the claim of John Welsh for personal injuries occurring from a trip and fall on July 10, 1999. REJECT CLAIM OF BEL REI\NELS F'OR PERSONAL INJURY OCCURING ON JUNE 25. 1999 City Attorney recommends rejecting the claim of Bel Rennels for trip and fall injuries. m.REJECT CLAIM OF EMIL BAGNESCHI OCCURRING IN NOVEMBER/DECEMBER. City Attorney recommends rejecting the claim of Emil Bagneschi for removal of his concrete/aggregate planting strip in November or December of 1999. Vice Mayor Galligan moved to approve the Consent Calendar; seconded by Councilwoman Janney and carried unanimously 5-0. COUNCIL COMMITTEE REPORTS Councilman Coffey had nothing to report. Councilman Spinelli attended San Francisco Airport Roundtable meeting. Councilwoman Janney attended CA4AC where $835,000 in grants were approved for Burlingame, attended Bob Beuthel's retirement, Council of Cities dinner on January 28th, and SamTrans Board of Directors where she was appointed to the Board. She commented on how meaningful it was to her to have fellow Council members present at this appointment. Vice Mayor Galligan also attended Bob Beuthel's retirement dinner, Paul Borg's retirement, Council of Cities dinner, CTA open house. Mayor O'Mahony attended Paul Borg's j t. 1999 February 7,2000 76 Burlingame City Council retirement, Bob Beuthel's retirement, Sam Trans Board oiDirector's meeting, C/CAG onJantary2T. All council members attended the Ciff Clerk's reception on February 4 and the annual goals study session on February 5th. NEW BUSINESS Council scheduled appeal hearings for the proposed projects at ll4l Chapin and 1649 Adrian Road for February 23,2000; also scheduled an appeal hearing for the proposed project at 360 Primrose Road for March 6,2000. ACKNOWLEDGMENTS Commission Minutes: Planning, January 24 and 3l; Senior, November 18; Library Board, October 19, November 16, December 21; Building Inspection, January 2000 Staff Priorities for Development of Aquatic Center Program Letter from JoAnn and Don Stenberg regarding lifting sidewalk in 1500 block of Howard Avenue Letter from Bette M. May regarding "Graffiti Control Services" Letter from Tim Richmond, Parks Superintendent, inviting Council to Arbor Day Ceremony Proclamation - Larry Nelson's retirement Proposed C/CAG guidelines for the lmplementation of the Land Use Component of the 1999 Congestion Management Program Mayor O'Mahony asked the Director of Public Works and City Planner for comments on the proposed program. It was noted that this is an "art, not a ssience"; concerned about additional bureaucracy and delay of private development projects; will require the City to monitor conditions of approval. Only a few projects in Burlingame would be subject to proposed guidelines. h. Review of Paramedic Service for 1999 Council moved to a closed session at 8:02 p.m. CLOSED SESSION The Council met in closed session in Conference Room A at 6:00 p.m. to discuss labor negotiations with the police officer's association, IEDA, the labor and negotiations group, and the City Manager and instructed them on negotiations. After the meeting tonight, the Council met in closed session on two items. The first item was the possible acquisition of 1140 Laguna Avenue. The Council discussed the current status negotiations and - the current pending bid for the property. The City Manager, City Attorney, and Special Counsel, Mr. Burlingame City Council 77 February 7,20C[ a. b. c. d. e. f. CIb. Nave met with regard to pursuing further negotiations on the property. The second matter was to discuss initiation of litigation with regard to one matter. The defendant is unnamed at this time. Returned to open session at8:42 a.m. ADJOURNMENT The meeting was adjourned at 8:43 p.m. Cr^r-J.Lt'n''"sD Ann T. Musso City Clerk February 7,2000 78 Burlingame City Council