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HomeMy WebLinkAboutMin - CC - 1992.02.03326 BURI.,INGAI.TE, CAI,ITORNIA February 3, L992 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the city HaIl council Chambers. The neeting lras calIed to order at 7:30 p.n. by llayor Frank Pagliaro. PLEDGE OF ALLEGIANCE TO THE FLAG Pledge v,ras led by Ed orDonnel"l, Traffic Commissioner. ROLL CALL COI]NCIL PRESENT: HARRISON, KNIGHT, LEUBI , O I}IIAHONY, PAGLIARO COIJNCIL ABSENT: NONE MINUTES The minutes of the Regular Meeting of January 22, ]-992 were unanirnously approved after a change to show that councilwornan Knightts request for discussion of residential floor area ratio (FAR) rril1 be on the March study meeting agenda; that the speak- ers |tFrom the Floorrr were Tony Teller and Brian woodell; and that Councilrnan Ilarrison mentioned that the TSI"I conmittee was delaying Burlingame discussions because the Air Quality Board is setting nes/ standards for single occupancy vehicfes. PUBLIC HEARING - APPEAL FOR VARIANCE TO LOT COVERAGE FOR ADDITION AT 1234 VANCOI'VER AVENUE city Planner reviewed her memo of January 24 , 1992 which recorn- mended council hold a public hearinq and take action. whit and Melinda HaIl are requesting a 1ot coverage varj-ance (42 percent existing, 43 percent requested, 40 percent allowed) in order to add 93.5 square feet to enlarge the master bathroom which is in need of structural repairs. The present structure exceeds 40percent Iot coverage but appears to have been bui,lt that way and is therefore existj-ng, nonconforming lot coverage. This project incl-udes relocating the naster bathroom and enlarqing it by extending the footprint of the house. The constructj-on would requj-re the removal- of an exi-sting shed. If approved, this shed would not be allowed to be replaced. She acknowl,edged receipt ofa letter from the applicants dated January 27 and incl-uded in thepacket. The Planning Commission voted to deny this request at its January 13 neeting. Mayor Pagl,iaro explained the reason from variances and hearingsto the students present, then he opened the public hearing. Whit and MeLinda HalL were present and thanked council members for visiting the site; explained they are making a very sma11addition to their bathroom; their contractor was also presenti they noted no neighbors are opposed to the project and they would meet aII other code requirements i they hrould make no change to the front so the addition hrould not affect the area. councilwom- an OtMahony asked when they becane a$/are the house was overbuilt; they responded they hrere not aware of this when they purchased the home, but did find out when they sought this building pernit. Iilayor Pagliaro closed the publ-ic hearing. Councilwornan Knight saj.d she was normally quite fussy about lot coverage and over-building; the whole idea of lot coverage vari- ance j-s to get input fron the neighborsl seeing this lot and lackof concern by neighbors, she could approve the variancel she moved for approval of the variance with conditions. Seconded by Councilman Harrison. 327 councilman Harrison concurred, this addition will complete the house and remove an unsightly storage shed; the exceptional circumstances are this house was built many years ago before lot coverage standards and the small" addition would make it morefunctional. Other council rnernbers agreed, it will enhance theproperty. The rnotion carried 5-0 on ro11 call vote. PUBLIC HEARING - APPEAL FOR VARIANCES TO FRONT AND STDE SETBACKS FOR AN ADDTTION AT 2O1O BROADWAY City Planner reviewed her rnemo of January 24, L992 which recorn- mended counciL hold a public hearing and take action. Theapplicants, Robert and Francine Lent, are requesting side andfront setback variances in order to make a 174 square foot firstfloor addition to their house. The project also includes placinga 168 square foot trellis over a deck at the rear of the house. The side setback s/ou1d be for 7 feet where 7.5 feet is requiredon corner lotsi no addition is planned for the side setback butthe existing porch, buil-t lrhen the house was built, is noncon-forrning and extends into the side setback. The front setbackfacing Vancouver (the narro!,rer frontage of a corner Lot isconsidered the front) is proposed to be 13.5 feet where 19 feet(the average of lots on that street) is required; the designplaces the wa11 of the addition at the 15 foot minirnum frontsetback line, but the firep).ace and bay window extend into thesetback 1.5 feet. The Planning Cornrnission voted 3-2 to approvethis request; but because rules of the cornmission require fouraffirmative votes, it was denied. City Planner explained thepeculiarity of this corner lot house where its front door facesthe side yard on Broadway. Mayor Pagliaro explained about setbacks for the students present and tben opened the public hearing. Robert Lent, applicant, !,ras present and thanked council forvisiting; explained that he had lived in Burlingame al,l, his life;he and his wife are making the addition to add room for childrenthey plan to adopt; they are adding a master bathroom and aninterior hallway; at the present tirne they must pass throughanother bedroom to reach the master bedroom; the house was builtin the 1920s and was located poorly on the lot; he plans to enhance the exterior to nake it more attractive; neighbors approve the addition and changes and the rnajority of the seated commission aLso approved. Councilwoman Knight asked about the setbacks of other houses in the area. Paul- Benchener, 2015 Broadlray, neighbor across the street on Broadway, stated he was not opposed, he thought the house wouldlook better with the addition, would be an improvement to his view as weII. Mayor Pagliaro closed the public hearing. Councilwoman O'I"Iahony said she visited the site and walked the Vancouver, Broadway vicinity, the average of l-0 houses on Broad- way is 18.5 foot setback with this addition; it would be aprettier housel this house needs improvement and the addition would rnake for better access within the house. counciLman Harrison concurred. Councilwonan Knight noted they could add a second story, but that would destroy the character of this house;they will bring the Mediterranean look to the Vancouver side with these changes; the house is poorly situated on the 1ot. Councif- man Lembi agreed the addition vrould enhance the house. Council- woman orl"Iahony moved approval of the variances with conditions. Seconded by Councilman Harrison, carried unanimousty. PUBLIC HEARING - SECOND READING - ORDINANCE L452 - LIMITING HOURS OF CONSTRUCTION ON HOLTDAYS City Attorney reviewed his merno of January 27, L992 whj-ch recom- mended council- adopt this ordinance after a public hearing. During the recent holiday season the city discovered the buildingr 328 code which limits construction hours does not specifically mention holidays; this anendrnent includes holidays with Sundays so that hrork cannot start until 10:00 a.n. and the holidays are listed in the section. Mayor Pagl.iaro said a neighbor was cutting down trees at 7:00 a.m. on Christmas day. city Attorney said that was already limited in the cityrs noise ordinance. Uayor Pagliaro opened the public hearing. There being no com- ments, the hearing was closed. Councilwoman o'Mahony noved adoption of oRDINANCE 1452. seconded by Councilwonan Knight, carried unanimously on voice vote. COI.,IMTSS ION APPOINTMENTS - CONTINUED Mayor Pagliaro wondered why the filing period was not extended for this vacancy. Vice Mayor Harrison explained at the last rneeting council concurred that, since interviews were recently conducted, the committee could nake another appointment from those interviewed. Mayor Pagliaro said he would confer with Councilman Lernbi. CONSENT CALENDAR Regardingr (f) council$roman Knight expressed concern about usingt the new procedure planned for the tennis courtsi she also won- dered about the future use of the courts and site. Staff said there was a warrantee and with this nethod the total repairs would cost half nornal resurfacing cost. Councilman Lembi was pleased to see the courts being irnproved, they are used exten- sively and need repair; recreation facilities are hard to re-pIace. Regarding (c) councilwoman orMahony had sone problems with the four feasj-bility study itens and the sequence of work for the Library irnprovements; is there evidence the stacks are not retrofitable; cost of additional studies; after discussion this itern was continued to the next meeting with request for more clarification. a INTRODUCTION OF ORDINANCE 14 53 CONST'MPTION OF ALCOHOL REGARDTNG POSSESSION AND City Attorneyrs memo of January 21 recommended council introduce this ordinance to bring our code in Line with recent court decisions regarding alcohol; State law totally regulates possession of alcohol, although consumption is open to 1ocal controli the effect is that a city cannot cite a person for having a container of alcohol, open or closed, but can cite hin when he consumes an alcoholic beverage. b.INTRODUCTION OF ORDINANCE 14 54 REGARDING TOI{ING OF VEHTCLES FROM PRIVATE PROP TY city Attorneyts meno of January 22, L992 reconnended council adopt this ordinance to update our code,' after discussion r^rith the Police Departnent we have decided that an amendrnentreferring to Vehicle code 22658 and 22658.2 would avoid inconsistency hrith State 1aw; the arnendment makes th/o other changes, it eliminates a provision which allows private property oqrners to rnove unrranted vehicles to the public street and repeals a provision making violations a misde- meanor (this is rnentioned elsewhere in the code). Continued to next meeting.c d RESOLUTION STATION AND 13-92 - RENEVIING LEASE SUB LEASE TO CHAMBER OF City Attorneyrs meno of January 24 recommended council approve execution of this lease and sublease for a portion of the Burlingame Avenue train station, alf lease costs are paid by the subleasee. OF BURLTNGAIIE AVENUE TRAIN CO},IMERCE e f. RESOLUTTON L4-92 - ACCEPTING },TAIN LIBRARY REROOFING - CP COMPLETION OF CITY HALL AND 915 D Public l{orks I meno of January 29, :-992 recomrnended councilaccept as completed this project performed by Andy's Roofingin the amount of $74,A24.78. TRANSFER FTJNDS FOR REPAIR OF E LAGI'NA AVENUE TENNIS COURTS g . DENIAL OF CLATM OF ELENA DAI.,IES City Attorneyrs meno of January 16 recommended council denythis clain for injuries from a sidewalk faII. h. RESOLU:PION L5-92 - ACCEPTING COMPLETION OF SIDEWALK REPAIRS - CP 11,0 A City Managerts neno of January 23 recommended council ap-prove transfer of funds from existing capital improvementfunds (city hal1 remodel) to a new project to repair the Laguna tennis courts. The Recreation Director has receivedestirnates on a two phase repair totaling approximately $16,000. The first phase would use a nee/ infrared crack andsurface repair nethod by Malott & Peterson-crundy costing $3,887; this would be followed by a standard resurfacingcosting an estimated $12,000 which would be put out to bid. Public worksr memo of January 29 recommended councilas compJ.eted this project by Golden Bay Construction anount of $3L7,325. acceptin the Councilnan Harrison moved approval of the Consentexcepting iten (c). Seconded by Councilman Lembi, unanimously. Calendar, carried COT'NCTL COMM TTEE REPORTS Councilwoman Knight told about League Peninsul-a Division dinnermeeting she and Councilwoman Otl"Iahony attended; there were nanySanta Clara County attendees; speaker e/as Carol Whiteside,representing Governor Wilson, rrho spoke about State growth andplanning issues. Councilwornan O'Mahony said they had also attended Council ofCities at which the County Manager spoke; redeveloprnent agencieswill have to give noney to housing pool; our city will be gettingthe new animal ordinance soon; she afso reported on a meeting ofAirport Roundtable subconmittee about airport noi,se. Mayor Pagliaro said he, Councilwoman OtMahony and Councilrnan L,embi attended reception for nev, San Francisco Mayor Jordan; hesees more potential for cooperation srith San Francisco. IlayorPagliaro noted redevelopment agencies have set aside 910 miLlionfor housing which is not being usedi Councilwonan OrMahony saidthe State would get this money if it was not used. NEW BUSINESS councilman Lembi had travel-ed to Nevada witha basketball- tournament which they r4ron. Burlingame youths to Councilwoman Knight asked if council woul-d consider interviewingPlanning Cornmission applicants at a public rneeting; this is avery irnportant commission, we expect these people to be on thefront line; other cities interviehr at open hearingTs,. too irnpor-tant to do behind closed doors. Councilman Harrison observed thepresent method of team interviewing has been used for many years,.if it ain't broke, don't fix it; had a problem with interviewing'at open rneeting; don't think j-t's fair to the people asking toserve. councilwonan orMahony could appreciate wanting to open upthe process but she woul-d hate to see people brought before thepublic in this manneri we want cornmissioners who understand the 329 330 code, would Lernbito do would public forum is not the place to determine thisi candidatesgive more information in a informal setting. Councilmancould not see need for this, he thought it a terrible thingto a candidate, it would turn off some candidates and theynot apply, he could not support. a Mayor Pagliaro mentioned a request to require fines for signs which are placed i1Iega11y; City Attorney will bring informationabout it to council. Mayor Pagliaro called up for council review the Planning Commis-sion action on the Alamo plans for the Amfac Hotel site; hearing was set for the February 1-9 meeting. He also had some questions on the Muffies expansion at Crosby Commons and the drainage ofthe roof through the seating area; staff explained this restau-rant is putting tables on an existing balcony. ACKNOWLEDGEMENTS Commission Minutes: Library Board, January 2L; park andRecreation, January L6; Civil Service, November a2, 1,99t;Traffic, Safety and Parking, January 9; Senior CitizensCouncil, January 23; Planning, January 27, L992. FROM THE FLOOR Matt l{ills, who lives at Dwight and Ro1lins, complained about thelittering and unsanitary habits of workers building the freewaysoundwalll he had spoken to Caltrans who said litter was bypicketers, but he had evidence it was a sub-contractor; Willssaid the portable toilet is located about half mile away fromthese people and they are using bushes and vacant houses torelieve themselves; he hoped the city could control this withcity laws; the contractor should provide workers with restrooms and trash containers; council asked staff to resolve. CLOSED SESSION Mayor Pagliaro announced at 8:42 p.m. that council would adjournto a Closed Session on personnel issues and on possible propertyacquisition. ADJOURNMENT The meeting was regularly adjourned at 10:15 p.m. th A. Malfattcity Clerk