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
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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
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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.