Loading...
HomeMy WebLinkAboutMin - CC - 1989.01.18305 BURLINGAME, CALIFORNIA January 18, 1989 CALL TO ORDER A duly noticed regular meeting of the Burlingame City council was held on the above date in the City HalI Council Chambers. The meetj-ng was caIled to order at ?:30 p.m. by Mayor Irving S. Amstrup. PLEDGE OF ALTEGIANCE TO THE FLAG Led by City P]anner, Meg Monroe. ROLL CALL COUNCILMEMBERS PRESENT:AMSTRUP, BARTON, LEMBI , MANGINI , PAGLIARO NONECOUNCITMEMBERS ABSENT: MINUTES Minutes of the Regul-ar Meeting of January 4, 1989 were approved. ASSEMBLYMAN LEMPERT'S REPRESENTATIVE Assembl]'rnan Ted Lempert's 1oca1 representative announced that they have opened offices at 1650 Borel in San Mateo. She invited councilto call with any suggestions for legislation. SECOND READ]NG - ORDINANCE 1385 - ESTABTISHING STOP SIGNS AT WESTMOOR ROAD AND ROSEDALE AVENUE Public Works Director reviewed the memo of December 14 which recom- mended council adopt ordinance 1385 after a public hearing. As aresult of a request by residents, the Traffic Commission has recom- mended the two existing yield signs on westmoor be replaced with stop signs due to increased traffic on Rosedale which is a collectorstreet between EI Camino and California. Mayor Amstrup opened the public hearing. There being no comments, the hearing was c losed. Councilman Lembi moved adoptj.on of oRDINANCE 1385. Seconded by councilman Mangini, carried unanimously by roll call vote. REVIEW OF SfGN EXCEPTIONS FOR MIKE HARVEY ACURA AT ]-O7O BROADWAY - RESOLUTION 7-89 - APPROVING SAME Cj-ty Planner reviewed her memo of January 9 in which she recommended council hold a public hearj-ng and take action. Mlke Harvey is requesting a number of siqn exceptions in order to place an exterior sj-gnage program on the auto sales/storage building at 1070 Broadway. The remodeled Bekins building will house an Acura dealership on thefirst floor and auto storage above. Acura service facilities willbe located at the rear of the site in a separate building. Theoriginal request was for four parapet signs at a height of 67 feet, one on each side of the building; three waII signs at a height of17.5 feet; a double faced pole sign; and a nine foot high ground sign for a total of !,124 square feet of signage where 425 squarefeet is allowed, The Planning Commission reviewed this request atits December 12 meeting and voted to approve the request withconditions to eliminate two of the parapet signs, one of the waIIsigns and reducing the height of the letters on the remaining twoparapet signs from 4.5 feet to three feet, thereby reducing thetotal square footage to about 750 square feet. In response to Councilman Mangini, City Planner responded that Harvey was asking for 14 exceptions for nine signs. Mayor Amstrup opened the public hearing. Mike Harvey, applicant, asked council approval and reviewed the needfor the signage. He noted that the warehouse building originally 306 had a large roof sign which has been removed, large signs are much more necessary for retail than for warehouse uses. Mayor Amstrup closed the public hearing. Councilman Paqliaro commented that the Planning Commission had done an excellent job on this sign requesti he stated that he had talked to Mr. Harvey over thparticular concern wa observed this overloo height and lighting iin the area; he agreeis another sign at a etst kstcdt hei elephone regarding this matter; Pagliaro's he sign on the parapet facing Broadway. He a residential area and because of the signrs ould adversely affect residential property he business needs identification but thereght of 17.5 feet on the Broadway frontage. Councilman Lembi stated many cars coming to this business would be driving toward the Broadway frontage along California or Carolan and the sign height was needed there; Councilwoman Barton agreed. Councilwoman Barton moved to uphold the Planning Commission approval by adoption of RESoLUTIoN 7-89 approving the sign exceptions with conditions of staff report. Seconded by Councilman Mangini-, carried 4-1 on ro11 cal-l vote, Councilman Pagliaro voting no. REVfEW OF SPECfAL PEP.IVIfT AMENDMENT AND PARKING VARfAI{CE TO EXPAND AN AUTO REPAIR AT 50 STAR WAY TO 50-60-70 STAR WAY - RESOLUTION 8-89 - APPROVING SAME City Planner reviewed her memo of January 10 in which she recommended council hold public hearing and take action. Charles Potts, the owner and operator of California Classics, is requesting an amendment to his 1986 use permit allowing auto restoration and retail auto body repairs at 50 Star way. He requests to expand the auto body repair work into 60 Star Way and use 70 Star Way for auto storage. The expansion would require one additional employee from the present four to five. This request comes about as a result of code enforcement action. In 1987 the applicant cut a hole through the partition between 50 and 50 Star way and expanded his auto repair into this area. The opening was made without building permits and in violation of the Uniform Building and Fire Code. This illegal opening come to the Planning Department's attention in Apri} 1988 when it was included as part of a use permit amendment; the Fire Department had found it on annual inspection in 1987 and had been trying to have it corrected. The applicant delayed completing paper work for this permit amendment until in october 1986 the Fire Department discovered hazardous work being done inside and outside the building and the Fire Department cut off electricity to all three parts of the building which were being leased by Potts. In December 1988, after the Planning Commission action, the city discovered Potts had subleased 70 Star Way and the tenant had people Iiving in an illegatly built mezzanine area. The Planning Commission voted to gtrant the use permit amendment and parking variance to use 50 and 60 Star Way for auto body and repair and 70 Star way for auto storage with seven conditions on the use of each area and a condition requiring immediate revocation upon finding additional code violations. Staff suggested to council additionaf conditions that no portion of the building be subleased and that the mezzanine be removed in 70 Star way. Mayor Imstrup opened the public hearing. Jerry Lynch, attorney representing applicant, reviewed applicant's history in this location; noted Potts does excellent repairs and has a fine painting facility; he is not trying to circumvent city 1aws, was unaware; parking will be increased at the facility. Potts vrould like to escape having to remove the mezzanine, he has no pl-ans to use it nor does he need it. Council discussed with Lynch and staff the need for removal of the mezzanine area to preclude the use as Ij-ving area and additional storage area which would increase parking needs. City Attorney noted the landlord had been notified about the meeting and apparently is unconcerned, he will be notified about the removal of the mezzanine area. The hearinq was c losed. Councilman Pagliaro moved to uphold the Planning Comnission action with conditions of staff report and additional condition that the mezzanine be removed with the approval of the landlord. Seconded by Councilman Mangini. Lynch pleaded for 60 days for his elient to meet that additional condition. Council agreed upon 45 days. The motion was carried unanimously 5-0 on ro11 call vote. STATUS OF BROADWAY/CAROLAN INTERSECTION TRAFFIC SIGNAIS city Manager reviewed his memo and the Public Works Directorrs memoof January 12 with letter from Mike Harvey inquiring about same. This major project has been delayed because of right-of-way acquisition and grant funding problems. Mike Harvey suggests that the project be divided into turo phases so that the Broadway/Carolan signals are installed first. Director indicated that grant fundingof up to $200,000 could be lost if the project is split and thattotal construction costs could be increased. Mike Harvey indicated that he real-ized the traffic signals would beinstalled eventually, but timing was important to his business which would be openinq within the year. At the present t.ime customers could not get into the site unless they are approaching from the freeway. He reviewed the impact on sales and the tax revenues to be gained by this large facility. councilman Pagliaro noted that he had voted against this project because of the intersection on which it was Iocated. Councilmembers agreed that this is a difficult intersection and they would discuss this issue at the February 8 study meeting where staff vrould present facts and figures on the various possibilities for the intersection improvement proj ect. SUBMITTAL OF PLAI{S FOR REMODELING AT 106 PEPPER city Planner reviewed her memo of January L2 which recommended council determj-ne whether plans should be accepted for a remodel at l-06 Pepper. Judith Brasesco submitted plans for a second story addition to her property at 106 Pepper. The plans showed theproperty lines as a rectangle and represented the house with the inference that the application was for a second story addition over the existing first f1oor. The plans were submitted the day council adopted the interim ordinance estabLishing the declining height envelope. The plans did not shov, that the lot had a creek or water channel- on it, nor that the second story addition included a changeto the f j-rst floor nor that the property lines had an irregularity.In a separate submittal the day the council approved the interim creek ordj-nance, Ms. Brasesco submitted plans to place a cement cover over the creek on her property. Now she woul-d Iike to revise the house plans to square off the first floor and second floor and cantilever them and a deck over the culverted creek. staff determined that correcting the plans after the creek ordinance adoption \"ras not permissible. Ms. Brasesco is asking relief fromthis determination. Most council members accepted that the plans were submitted before the ordinance was adopted and should be received by city. Council- man Mangini objected to accepting the plans because they did not show that a creek was located on the property. Councilwoman Barton moved that the submission of plans be allowed because they \,rere submitted before the adoption of the decliningheight ordinance and the creek ordinance. Seconded by Councilman Lembi, carried 4-1 on rol-1 call vote, Councilman Mangini voting no. The city Planner noted that in light of this determination thestructural- plans would be received under the ordinance provisions as they existed before the t$ro interim ordinances were adopted. CONSENT CALENDAR councilman Pagliaro questioned whetherfor the Deferred compensation Plan (b) funds are deposited IocaIIy and if the fee proposed to be 307 308 charged to participant accounts is acceptable. Staff responded that the funds are deposited locally although they are administered through a Southern California branch and that the fees are competitive and usual. Councilman Pagliaro also questioned the development agreement for(h) installation of the water main on Adeline. City Attorney reviewed the contract language. Director responded that the fire hydrant which the city will pay for is for the benefit for the homesin the Adeline area which the city must service, not just for thedeveloper. City costs would be paid from the Burlingame Hil1s surcharge. a INTRODUCTION OF ORDINANCE ].386 PERMfTS INCREASING FEE FOR AMUSEMENT City Attorney's memo of January 10 recommended council introduce an ordinance to increase amusement permit fees to $100. Fees are currently $25 but hrith the GeIIer decision thecity must now give mailed notice to all neighboring properties. RESOLUTION 9-89 - RENEWING AGREEMENT WITH GREAT WESTERN FOR DEFERRED COMPENSATION SERVICES Finance Directorrs memo of January 18 recommended council approve renewing the agreement with Great western for administration of the city Deferred Compensation Plan. This contract wiII index yield to five year treasury notes which currently have a rate of 9.2 percent. In addition there wiII be a $12 per year administration fee for participants. RESOLUTION ].0-89 - AMENDING AGREEMENT FOR LANDFILL MONTTORING cP 75180 Public work's memo of January 9 recommended council approve the amendment to agreement \"rith Harding Lawson for sampling and testing wells and preparing reports for the trash landfill for the April 88 through March 89 period. Harding Lawson finds the costs exceeding their original estimate and an additional $15,000 is needed to complete the year for a total monitoring fee of $65,500. b d RESOLUTION 11-89 - MONITORING - 89-90 AGREEMENT WITH HARDING LAWSON FOR LANDFILL - cP 75180 Public work's memo of January l-0 recommended council approve the agreement with Harding Lawson for services for one year of sampling and testing wells and preparing reports relating to our trash landfiIl at an estimated cost of $55,000. e. ENCROACHMENT PERMIT FOR PLANTERS AT 1209-1211 HoWARD Public Workst memo of January 9 recommended council approve a special encroachment permit for sidewalk planters subject to usual conditions which encroach three feet into the sidewalk. f. DENIAL OF CLAfM: VELVET TURTTE City Attorney reconunended denial of this indemnity claim. The restaurant is being sued by a handicapped person who claims the restaurant violates the handicapped laws. s WARRANTS AND PAYROLL Finance Director recommended approval of warrants 1580-2021, duly audited, in the amount of $963,181.93 and Payroll checks 10828-11558 for the month of December 1988 in the amount of $'129 ,514.79. h. RESOLUTION t2-89 . AGREEMENT FOR INSTALLATION OF WATER MAIN 2884-2858 ADELINE DRfVE - CP 821 Public works memo recommended council approve an agreement with Marshall Builders to install a srater main in Adeline Drive 309 unincorporated area. san Mateo County has approved three new homes along Adeline; the city water service is marginal and so the county placed a condition that the developer provide additional water service for fire and domestic use; the citywitl install a new fire hydrant and abandon old water main connections; the city vriI1 attempt to collect monies for aportion of the construction costs. Councilman Mangini moved approval of the consent calendar. by Councilwoman Barton, carried unanimously by voice vote. Seconded SCHEDULE APPEAL HEARfNG Mayor Amstrup scheduled an appeal hearing for February 6 for an addition at 1545 Ra1ston. NEW BUSINESS Mayor Amstrup noted a l-etter delivered by Donald Asplund requesting that council reconsider his appeal for a deck at 433 occidental which was denied at the last council meeting. On City Attorneyrs advice, council rejected the letter, noting that Asplund's next recourse is court. ACKNOWLEDGMENTS a. Corunission Minutes: Planning, January 9, 1989. b. Department Reports: Police, December 1988; Building Inspector's, December 1988; Fire Department Report on Final Quarter and 1988 Year End Report. c. Memo from t'Committee for water Policy Consensus." FROM THE FLOOR There were no corunents from the floor. ADJOURNMENT Judith A. Malfatti city Clerk Councilwoman Barton observed that the Recreation Department has eliminated the singlers dances and expressed disappointment. The meeting was adjourned at 8:43 p.m. in memory of Francis J. rrRedrl Duffy, former city fireman, and Barbara Treseler, wife of Millbrae councilman Robert Treseler. councilman Pagliaro also noted that Celestino Romoli had a heart attack and was hospitalized. A momentof silence was observed in their honor.