Loading...
HomeMy WebLinkAboutMin - CC - 1990.03.19493 BURLINGAME, CALIFORNIA March 1"9, 1990 A duly noticed regular meeting of the Burlingame city Council was held on the above date in the City HaIl Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Donald P. Lembi. PLEDGE OF ALLEGIANCE TO THE FLAG Led by city Planner Meg Monroe. ROLL CALL COUNC] LMEMBERS PRESENT : COUNCILMEMBERS ABSENT : MINUTES BARTON, HARRfSON, TEMBI , OIMAHONY, PAGLIARO NONE Minutes of the Regular Meeting of March 5, L990 were approved unanimously on motion of councilman Harrison, second by councilwoman o' Mahony. APPEAL FOR TWO VARIANCES AND THREE SPECIAT PERMITS FOR AN ACCESSORY STRUCTURE AT 919 CAPUCHINO AVENUE - RESOLUTION 338-90 In response to council questions, City Planner said the cement stairwayto use th the garag thaegeh t extends into the driveway does not alIow a car to pass arage, she did not know when those stairs were added; ad been iI1ega1Iy converted into a living unit prior to the present owner buying the property; code enforcement action in February 1989 had already required the removal of the kitchenfacilities from the structurei the applicant was aware of theillega1 building and use when he purchased the property; the code requires that no window be within ten feet of the property line in an accessory structure. Mayor Lembi opened the public hearing. started codehile his purchase iLchen, just athe driveway, theroperty next door before the apartment was built; he parks two cars in his driveway; he hates to tear do\"rn the garage/ accessory structure since it can't be used as a garage and he would like to use it as a bedroom for hischildren of which he has joint custody; he said traffic is not heavy and parking is not a serious problem in this block which is over t$ro blocks from Broadway. Liz Hannon, 1400 Edgehill, said her garaqe entrance is at the end of capuchino; she was concerned that if this is allowed a new o$rner Richard Harlick, applicant, disputed the date city enforcement action, he said it was in March L989 wof the property was in escrowi there was never a ksink; he did not know when the steps were added in driveway may have been wider and shared with the p CALL TO ORDER city Planner reviewed her memo of February 13 which recommended council hold a public hearing and take action. The applicant, Richard Harlick, is requesting tvro variances for parking and side setback, and three special permits, for window location, \rater and sewer, and separate living quarters in order to use an existing accessory structure for an extra bedroom with bath. The parking varj-ance is needed because no covered parking is provided on site because the garage structure r^ras converted into a living unit; the side setback variance is required because the accessory structure is on the property line where three feet setback is required. The special permits are needed for an accessory strueture to have windows within ten feet of the property Iine, to have a rrater and sewer connection, and to be used for separate living quarters. The Planning Commission voted to deny the requests because of concerns about parking impacts and fear that a subsequent owner would use the structure for a second unit. 491 could use this property as a duplex; there are other sites in the area where a families live in a garage and this impacts parking. Harlick said he had no intention to use the garage for a rental unit, he only wanted it for his children and he suggested that council require that only he use it until he sells the site. Mayor Lembi closed the public hearing. Councilwoman Barton noted that the Harlick children would have cars to add to parking problem; she said council has turned down previous requests of this type. Councilman Pagliaro had a problem with allowing the request, the Harlicks do not have to have stairs into the kitchen, if the stairs were removed the garage would be accessible. Councilman Harrison empathized with the Harlicks but \"ras concerned about a future owner using the garage for tenants, he wondered if there were a way to limit the use to Harlick. city Attorney said condition could be to limit use of the accessory structure to a member of the Harlick family and have a time limit for the permits; he noted normally conditions do not go with a person but with the property; any council action would be recorded r"rith county property records. a Councilwoman o'Mahony said the Planning Commission had the right idea in suggesting removal of the stairs in the driveway; she would like a guarantee that Harlick would return the garage to its original use eventuall-y. In response to councilman Pagli.aro, city Planner said if this request is denied, city would proceed with code enforcement action and require that the structure be restored to use as a garage. counciLwoman Barton sympathized with the Harlicks, but had a concern about teens with cars; if conditions were added to limit use to Harlicks and require relocating stairs to allow use of more of the driveway, she could approve. She could understand the childrens' need for separate rooms and therefore could aIlow the interiorpartitions to remain. Councilwoman Barton moved adoption of RESoLUTION 338-90 to approve the requests for variances and special permits with findings in staff report and rlrith conditions listed changing condition three to delete reference about removing partitions; and adding a condition that the permits and variances expire upon sale of the property or after January 1, 2000; that the stair and door in the driveway be removed i and that the structure must be occupied by a member of the Harlick family. Seconded by Councilman Harrison, carried 4-1 on a ro11 call vote, council-man Pagfiaro voting no. WITHDRAWN ]TEM - ALAMO RENT-A-CAR LANDSCAPE CONDITIONS FOR AN AUTO STORAGE FACILITY AT 840 COWAN AND AMENDMENT TO PERMITS AT 1470 BAYSHORE/778 BURLWAY ROAD Counci lma he wouldis gettin rental ag requi res produce eairport parki parking tax f interested inbut asked tha long-term par nPalikegfr enci that xten gliaro said though this was withdrawn by the applicant, to review this item; he wondered what revenue the city om this large operation. CitY Manager said that car es are a major sales tax producer in the city; city they write sales contracts in the city; they do sive traffic; another traffic producer is long term ng lots, council may want to consider some type of or these businesses. since no other council member was review of Alamo, Pagliaro said he would not call it up t revenue generation from car rentaL agencies and king lots be on a future study meeting agenda. AMUSEMENT PERMIT FOR BIT OF ENGTAND 1448 BURTINGAME AVENUE city Attorney reviewed his memo of March 6 which recommended council grant an amusement permit to the new owner of the Bit of England for live music, without dancing, to be reviewed in June with our annual review of al-l amusement Permits. 495 CONSENT CALENDAR Regaxding item D, Councilman Pagliaro commented on his concern abouttraffic crossing Broadway to carolan from the Mike Harvey building driveway nearest the railroad track, he was afraid this would maketraffic worse. Councilman Harrison questioned an item under Warrants regarding some $9,000 paid to "Fireworks." City Manager said it hras the name of the company which restored and repainted thecity's antique fire engine. Councilwoman orMahony had a question about $14,000 paid to County, this was a settlement agreement approved by council at a past meeting. a.RESOLUTION 34-90 ACCEPTING COMPLETION OF MANUFACTURE OF STORM DRAIN BACKFLOW DEVTCE cP 415 c Pub1ic Works memo of March 12 recommended council accept the storm drain flapgate manufactured by Power Engineering in the amount of $16,800. Police Chief's memo Records Retention Sc and destruction sche Police Department. of he du March 1 recommended council approve this dule to allow for a permanent retentionIe for certain records belonging to the c. RESOLUTION 36-90 ACCEPTING COMPLETION OF SHORELINE PEDESTRIAN BIKE PATH cP 538 Public Works memo of March 13 recommended council accept completed this project installed by Interstate crading &in the amount of $37 ,567.47. RESOLUTION 37-90 - AWARDING CONTRACT FOR BROADWAY/CALIFORNIA IMPROVEMENTS - CP 521 Public Works memo of March 13 recommended council award acontract to o.c. Jones & Sons of Berkeley in the amount of 324,265.45 for widening and other improvements to california Broadway, installation of traffic signals at Broadway/ifornia and Broadway/Carolan; undergrounding of utilitiesstreet lighting. RESOLUTION 38.90 - AUTHORfZING AGREEMENT FOR SERVICES - WATER IMPROVEMENTS - HILLSIDE PRESSURE ZONE - CP 006 f. WARRANTS AND PAYROLL Finance Director recomnended approval of Warrants 7966 - 8395,duly audited, in the amount of $'102,549.63 and Payroll Checks 22878 - 23625 for the month of February 1990 in the amount of i987,29'l .88 (23245 and 23246 were approved in January 1990Payroll). ng as Pavi $1, and caI and Councilman Harrison moved approval of the Amusement Permit. Seconded by Councilwoman OrMahony, and carried unanimously. CONTINUE PRE-ANNEXATION PROCEDURE FOR LANDS OF OICONNOR Mayor Lembi continued this item until April 2 at the request of applicant . b.RESOLUTION 35-90 - APPROVING RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT d. Public lrorks memo of March 14 recommended council approve an agreement with Brian Kangas Foul-k and Associates forprofessional engineering services in the amount of $15,752. ENCROACHMENT PERMIT FOR FENCE AT ].706 RAY DRIVE Public works memo of March l-3 recommended council approve this request for four foot fence perpendicular to the sldewalk encroaching six feet in the right-of-way. This would replacethe permit approved at the last meeting. g. h TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDOMINIUM MAP FOR NINE UNITS AT 518 ALMER ROAD Public works memo of March 13 recommended council concur withthe Planning Commission and approve these maps. i. DENIAL OF CLAIM OF JONATHAN BTITZER City Attorneyrs memo of March 13 recommended counci] deny this claim for alleged excessive force being used during an arrestat the demonstration at Burroughs Wellcome on December 1, 1989. Councilman Harrison moved approval of the Consent Calendar. Seconded by Council$roman Barton, carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS Mayor Lembi reported on a recent Chamber of co[unerce meeting where they continued planning Burlingame Days. OLD BUSfNESS Auto Dealers: Councilman Pagliaro noted a report from staff regarding compliance of auto dealers with parking requirements. A11 four dealer sites investigated were found not in compliance. He would like to call each of these before council for review. Councilwoman Barton suggested that a letter be sent to them first togive them 30 days in which to comply or request an amendment totheir conditions. Other council members concurred. Freeway Soundwall: councilwoman Barton said she had some ca1ls from citizens that Caltrans has been testing for noise; Director said he expected it would be a few weeks before results are received. Rollins Height Limitation Signs: Councilman Harrison noted these signs have not been changed east of winchester and have not been install-ed r"rest of winchester yet. Councilwoman Barton said there is a camper parked there which completely blocks sight. Car Deafers: Councilman Pagliaro asked about the content of theletter to car dealers discussed earlier; staff responded that the deafers woutd be told they are not in compliance with requirements and they have 30 days in which to comply or request an amendment. Councilwoman Barton suggested the letter state that council has discussed this issue. Councilman Pagliaro asked that staff report back in 30 days. NEW BUSINESS I AB 3468: Councilman Pagliaro suggeste which would require cities to pay legasuit. Council concurred. letter opposing this bill ees even if the city won a da1f Cable TV: Councilman Harrison had received caI1s complaining about Cable TV. Staff noted that federal legislators are looking at cable tetevision and proposing changes in legislation. ACKNOWLEDGMENTS Commission Minutes: Beautification, March 1; Civil Service, February 13; Traffic, Safety and Parking, February 8; and Planning, March 12, 1990. a b Department Reports: Treasurerts Report, Police Report, February 1990; City Eebruary 28, 1990. Letter from McKin1ey School recommended improvements. regarding traffic problems and Staff noted that the Traffic corflmission \,ri11 hear this issue again. d Letter from Katherine comstock regarding headlights story of parking structure. from second 496 497 Letter from Mayor of Foster City regarding BCDC proposedlegislation to include seismic safety measure in its j urisdiction. Council noted BCDCS good job of protecting the bay; it wondered whythis proposal. Staff thought it was to provide for tidal j-ncreases to raise the floor l-evels along the bay above the current ten footelevation level requirement; due to the volume of reviews for BcDcat the present, this added work would create a nightmare ofbacklogs. Staff noted that today BcDc approved of pursuing thislegislation and if they find a legislator to carry this bill council could oppose it. Councilman Harrison moved to write opposition. Seconded by Councilwoman OrMahony, carried unanimously. f. LB L49'l (Hauser) allowing for seismic rehabilitation loan insurance for commercial developments . Councilwoman o'Mahony said Senator Kopp is a co-author of this biII and requested city support. Councilman Pagliaro wondered why it does not include residential property and would like an answer before he supported. Staff noted there are other programs availablefor residential improvements. Council agreed on a letter of supportto Kopp. Councilwoman otMahony noted the recent death of Frank Pacelli, apast council member in Daly city and requested council adjourn the meeting in his honor. There r,.rere no conunents f rom the f loor. ADJOURNMENT IN MEMORY OF FRANK PACELTI The meeting was adjourned at 8:35 p.m. after a moment of silence in memory of Frank Pacelli. Judith A. MalfattCity clerk FROM THE FLOOR