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HomeMy WebLinkAboutMin - CC - 1989.01.04297 BURLINGAME, CALIFORNIA January 4, 198 9 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council !.ras held on the above date in the City HaIl Council Chambers. The meeting was ca11ed to order at 7:3L p.m. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FIAG Led by City Manager Dennis Argyres. ROLL CALL COUNCILMEMBERS PRESENT : COUNC] LMEMBERS ABSENT : MINUTES AMSTRUP, BARTON, LEMBf, MANGINI , PAGLIARO NONE Minutes of the Regular Meeting of December 5, 1988 urere approved. PRESENTATfON OF FIRE CAPTAIN Mayor Amstruphis new badge audience. introduced new Fire captain Don DorneII who received from the Fire Chief with a round of applause from the APPEAL HEARING FOR REAR SETBACK VARIANCE FOR T!{O DECKS AT 433 OCCIDENTAL - DENYING FIRST FLOOR DECK AND APPROVING SECOND FLOOR DECK - RESOLUTION 1-89 - APPROVfNG SECOND FLOOR DECK City Planner reviewed her memo of November 29 in which she requested council hold public hearing and take action. Donald and Pamela Asplund are requesting a five foot rear setback variance (15 feet required) for a 284 square foot deck at the rear of their home. In July of 1988, the Asplunds appeared before the Planning Commission with a request for a 466 square foot deck partially cantilevered over the creek and partially built on piles in the creek. The Planning commission denied the original request and council upheld the denial . The Asplunds returned in September with revised plans for a fuI1y cantilevered deck. The Planning commission voted 3-3 to deny the request, a tie vote is a denial. The Planning Commission approved the request for a second floor deck which was i1legally installed but finaled as part of the original building permit. The second fl-oor deck encroaches 2.1 feet into the rear setback. The City Planner noted that the City Attorney had stated the commission could consider the council's moratorium on bui-lding in creekbeds as a basis for denial of this request for decks. The Asplunds appealed the denial of the first floor deck and their neighbor PauI Schumann appealed the approval of the second floor deck. Mayor Amstrup opened the public hearing. Mr. and Mrs. Asplund observed that they had substantially reduced the size of the deck from their original the height of the deck and cantilevered not built in the creek; their neighbor h glass doors onto the deck, so they havepair of french doors; they do not have tat the present timei screening of the de neighbor because his land is higher, andof the home; granting a variance would n equest i they had lowered completely so that it was objected to the sliding anged plan to add a single rit ad ch he ck ot enj oyment of would not pro ould darken thgive a greate ck yard the ter iorivilege;k from abatecteinrpr decthey are willing to install shrubs on bank to screen the neighbor; they have a 250 foot rear property line and are only asking to use 30 feet for the deck; they do not have a side yard because of the triangular shape of the Iot; they are just requesting reasonable use of their property. In response to council, the Asplunds replied the deck is 6.5 feet from property line; the french door has two doors. B1II Dobbs, planning consultant from Novato, spoke in favor; reviewed findings for a variance which he felt were met by thisproperty, the lot is irregular in shape so there are exceptional circumstances due to the shape of the lot and the creeki the deck is necessary for the enjoyment of the property, everyone has the rightto have a patio or deck for outdoor living; it would not be detrimental to the neighbors; the Town of Hillsborough is very Ienient on noise standards . crace Kalmanson, mother of Mrs. Asplund, related her joy in the moveto Burlingame, but she cannot enjoy the deck upstairs and canrt go into the back yard now. Matthew Asplund, nine year ol-d son of the Asplunds, requested the deck be allowed so that he and his friends can use the back yard; heis only allowed in the yard at the present time when the the creekis dry. Joseph Parello, Civil Engineer, reviewed the plan drawings withcouncil. A neighbor at 1616 Chapin also spoke in favor stating the Asplunds should be allowed to have some yard for their chil-dren. Speaking in opposition was Paul Schumann, 1525 Bellevue in Town of Hillsborough, the proposed deck woul-d be adjacent to his back yard; he requested council consider the interim ordinance prohibiting development in creeks as justification for denial; the deck over the creek woul-d magnify sounds; should not have to give away the neutral zone or setback area; he tried to get together with the Asplunds to work out another plan but to no avail-; he felt they should waituntil the creek ordinance is finalized. Irene Neasham, 1545 Be1levue, Hillsborough, stated abuts the Asplunds, Schurann needs to swim every da reasons; the quiet enj oyment of their property is aproperty values might go down. The hearing was closed. Councilman Pagliaro said the Asplunds have modified theplans, they have Io$rered and made the deck smal1er. He objections to granting a variance, heryfts property alsoor medical take and the origina I had no Councilwoman Barton said her problem was the interim ordinanceprohibiting development in make the project smaller buof the creek; she would den s; she appreciated their efforts tostilI intruded on natural character creekrit v it. councilman Lembi was sorry the neighbors could not resolve their differences; he felt strongly that not granting the deck would be an extreme hardship; the child needs a place to play; the neighbor canbuild a fence; he would grant the variance. Councilman Mangini stated the council wants to protect creek beds;it seems it would be better for the Asplunds to wait until the creek ordj.nance is developed. He supported Planning Commission action. Mayor Amstrup noted he had visited the site and done a lot of heart searching in this matteri he feLt council was trying to develop a plan to protect creeks throughout the entire city; he thought if he had children he would never have bought a home like this one; he agreed with Barton and Mangini on upholding the Planning Commission. Councilwoman Barton moved to uphold the Planning Commission action which denied the first floor deck and approved the second floor deck with one condition by adoption of RESoLUTfoN L-89. Seconded by Councilman Mangini, carried 3-2 on roll- call vote, councilmen Lembi and Pagliaro voting no. APPEAL OF SPECIAL PERMfT AMENDMENT TO EXPAND ORIENTAL RUG/ANTI9UE STORE AT ].199 BROADWAY - RESOLUTION 2-89 - APPROVING SAME 298 City Planner reviewed her memo of December 15 in !.rhich she recommended council hold a public hearing and take action. Iraj Shayesteh, owner and operator of Galteria De Farsh, is requesting an 299 amendment to his use permit to operate a rug and antique business. His original permit was for Suite 6, the corner area of the buj-ldingfor a business with two employees; the present request is for removal of the partition waII between Suites 5 and 5 to combine theminto one retail area with six employees. In February L98?, the Planning Corunission granted an amendment to aIIow removal of the wa11 but more than a year later Shayesteh requested a building permit to remove the waIl. The 1987 amendment had expired so Shayesteh resubmitted for a new amendment. During the public hearing, the Planninq Commission learned that Shayesteh is presently using the two suites without removing the waII and with six employees. At its meeting of November 28 the Planning Commission denied the use permit amendment with concerns about the signage abuses by this applicant and the failure of the property owner orhis agent to implement the master signage program required to be inplace by JuIy 1988; the number of employees and the parking impact. In response to council, City Planner noted that the eight parking spaces on the site were not assigned to any particular business but are available to anyone. She also reviewed the signage program which was approved last year but never implemented, she noted thatthis is a code enforcement problem which is a slow process. Mayor Amstrup opened the public hearing. Iraj Shayesteh, applicant, requested approval of his permit amendment; he said he wanted to cooperate with the council. Edna May campanile, l-l-84 Broadway, spokGalleria brings a lot of business to th confirmed the problems tenants have [^rit Campanile also spoke in favor. e1eB ht n favori noted the roadway area; she he landlord. Pete Ihe hearing was closed. Councilwoman Barton said she could approve the permit if the signs were improved; knocking down the waII between stores could reduce the number of employees needed. Councilman Lembi noted the business woul-d remove signs expensei he visited the site and found it confusing to store separated by waII. att have heir own the Mayor Amstrup thought something could be worked out; the paper signs hanging in window and complaints about rugs hanging out on sidewalk;City Planner noted the paper signs are illegal . Councilman Pagliaro stated he had voted against this building whenit was first built because of concerns about parking; he was sure the merging of the stores woul-d lessen problem; still concerned about parking at the site; thought if the waII were removed the number of employees could be reduced. Councilman Mangini emphasized that the requirements of the signpermit must be met. Councilwoman Barton moved to grant the special permit with the conditions in staff report by adoption of RESoLUTIoN 2-89. Seconded by councilman Lembi, carried unanimously by ro11 call vote. SECOND READING - ORDfNA}iICE 1384 - ACCEPTING POST STAIiIDARDS FOR TRAINING OF PUBLIC SAFETY DISPATCHERS city Attorney briefly reviewed his memo of November 30 which recommended council adopt this ordinance as required by State to receive reimbursement for training of emergency dispatchers. Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. Councilman Mangini moved adoption of oRDINANCE 1384. Seconded by Councilwoman Barton, carried unanimously by voice vote. 300 RESOLUTION 3-89 cP 521 AMENDING BOUNDARIES OF UNDERGROUND DISTRfCT 8 Public works Director reviewed his memo of December 15 in which he recommended council hold a public hearing for Phase 1of the above referenced underground district and then adopt a resolution amending the boundaries. In July 1988 the council adopted Resolution 71-88 establishing the California Drive Underground District 8. This proposed amendment would include the area from the intersection of Broadway and Carolan to Rollins Road (Phase 1). PG&E has also proposed that the dates to receive underground service and for the removal of potes be revised. The new dates are September 1 and october 6, 1989 for the Phase 2 area and october 2 and November 3, 1989 for the Phase 1 area. Mayor Amstrup opened the public hearing. There being no corunents, the hearing was closed. Councilman Mangini moved adoption of RESoLUTIoN 3-89. Seconded by councilwoman Barton, carried unanimously by voice vote. Council-man Pagliaro noted his desire to see the undergrounding ofpublic utilities implemented in the residential districts. CIVIL SERVICE COMM]SSION APPOINTMENTS Mayor Amstrup noted he and Councilwoman Barton had interviewed for the two openings on the Civil Service Commission. councilwoman Barton nominated Linda Chester and Douglas Schwartz. Councilman Lembi nominated Herbert Tanner. City Manager distributed balLots and the vote resulted in Chester and Schwartz being appointed: Amstrup, Barton and Pagliaro voting for Chester and Schwartz; Lembi and Mangini voting for Schwartz and Tanner. ACCEPTANCE OF FINANCIAL STATEMENTS AND MANAGEMENT LETTER FY 87-88 Mayor Amstrup acknowledged the receipt of the Financial Statements and Management Letter for fiscal year ending June 30, 1988, notingthat the Audit Committee composed of himself, Councilman Mangini, the City Treasurer, city Manager and Finance Director had met with representatives of Peat Marwick Main to discuss this year's audit. He complimented the Finance Director Rahn Becker and the city Accountant Linda Lee for the fine job on the audit. Council unanimously accepted the Financial Statements and Management Letter. SCHEDULE REVIEW HEARING Mayor tunstrup set a public hearing for the next meeting, January 18, to review the project at Star Way approved by Planning Commissj.on. CONSENT CALENDAR Councilman Pagliaro questioned the plans for the project (7b) at 615-517 Ansel Road. Staff reviewed that these are preliminary or conceptual plans and not meant for construction. ff council had questions about planning or zoning thj-s j-s the time for review. councilman Pagliaro requested staff review this project very carefully, but withdrew his question. a INTRODUCTION OF ORDINANCE 1385 - ESTABLISHING STOP SIGNS AT WESTMOOR AND ROSEDALE b. TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDO MAP FOR 615-617 ANSEL ROAD Public works' memo of December 14 recomnended council introduce an ordinance to replace yield signs lsith stop signs. Traffic Commission reviewed this request at its November meeting and recommended it to council for approval. There was a very serious traffic accident at this intersection in october. Public workrs memo of December 13 recommended council concurwith Planning Commission and approve both the tentative andfinal parcel map for lot combination and the tentative condo map with permit p1ans. RECLASSIFICATION OF ACCOT'NT CLERK II TO ACCOUNTING TECHNICIAI.I City Manaqerrs memo of December 12 recommended council approve the rec lassification of one vacant posj-tion of Account Clerk IIin Finance department to a new higher level classification of Accounting Technician. The additional salary and benefit cost would be $1,?04 per year. Public work's memo of December 15 recommended council accept as completed the street lighting contract by Wingard Engineeringin the amount of $3,409.50. e. RESOTUTION 5-89 - ACCEPTfNG COMPLETIoN OF SEWER REHAB - CP 611 Public Works' memo of Deeember 21 recommended council accept as completed the sewer rehabilitation project on Paloma, Palm and oak crove by Harty Pipeline for a cost of $157,677.95. f. DENIAL OF CTAIM: GINA MORET City Attorney recommended denial of this claim for auto damage. s RESOTUTION 6-89 - ACCEPTING DEEDS OF EASEMENTS AND ENCROACHMENT PERMITS FOR NORTHBOUND FREEWAY ON-RAMP AE I{YATT REGENCY HOTEL Finance Director recommended council approve payment of Warrants 1032 - 1679, duly audited, in the amount of $1,165,206.48 and PayroII checks 10109 - 10820 for the month of November 1988 in the amount of $738,129.48. d Councilman Mangini moved approval of the Consent Calendar. by Councilman Lembi, carried unanimously by voice vote. Seconded NEW BUSINESS Airport: Councilwoman Barton mentioned a caII she had received from Vivian Manfredi, 1649 coronado, regarding insulation of homes to reduce airport noise. She asked staff write to Manfredi explainingthat the city would have to grant air space to the airport to receive this noise insulation of homes. Mayor Amstrup also noted a letter under acknowledgments from John DeMarco requesting a citizens comnittee for airport noise. Staff was requested to write him explaining the council would work withthe present Airport Roundtable and RPC and take DeMarcors suggestion under advisement. Board of Supervisors Salary Raise: Mayor tunstrup inquired ifcouncil wanted to take a position on the recent salary raise the County Board of Supervisors gave themselves. Councilwoman Bartonnoted there was a public referendum regarding this issue. Council determined it would not colunent. 301 RESOLUTION 4-89 - ACCEPTING COMPLETION OF DONNELLY AVENUE STREET LIGHTING - CP 62'I Public Works memo of December 21 recommended council accept the Grant Deeds, Easement Agreements and Special Encroachment Permits for the right-of-way for the proposed northbound freeway on-ramp dedicated by the Hyatt Hotel-, if the on-ramp is not constructed the property would revert back to Hyatt. h. WARRANTS AND PAYROLL Newsletters councilh,oman Barton congratulated staff on the lastquarterly City Newsletter. 302 BART to Airport: Councilman Pagliaro commented on Senator Kopp'sIetter inquiring about council policy regarding extending BART to the Airport. Pagliaro stated he did not want to see BART cross the county line, but since it did if it were extended and terminated at the airport and that was where it ended, perhaps it was worth discussing further. Councit agreed to vrrite to Kopp stating council would discuss the issue at a future study meeting. Pigeons: Mayor tunstrup noted there is a pigeon problem at the Bur1j-nqame Plaza Shopping center; these pests can damage buildings and cars. SCHEDULE REVI EW HEARING Councilman Pagliaro called up for council review the signage approved by Planning Commission for the former Bekins building at L070 Broadway. Councilman Pagliaro asked the City Attorney to report on the procedure required to bring property ohrners into complj-ance with required sign programs, such as the signage required for the building at 1199 Broadway, and how the procedure could be speeded up. ACKNOWLEDGMENTS a Commission Minutes: Beautification, December 1; Traffic, Safety and Parking, December 8; Planning, December 12; Park and Recreation, December 15; Library Board, December 20; Civil Service, November 8, 1988. Department Reports: City Treasuxerts November 30, 1988; Pol-ice, November 1988; Building Inspectorts, November 1988. Letter from Senator Kopp inquiring about policy regarding BART. Letter from DeMarco requesting citizens coNnittee for airport. Letter from Roseann Buhene, 1200 Cortez, requesting stop signs at Broadway and Cortez. Hotel Memo: Mayor Amstrup noted a memo from himself and Councilman Mangini regarding a recent meeting with the hotel operators. Further discussion will be at a study meeting. FROM THE FLOOR There were no colunents from the floor. ADJOURNMENT The meeting was regularly adj ourned at 9:14 p.m. b d Y**Judith A.City Clerk