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