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HomeMy WebLinkAboutMin - CC - 1989.04.17347 BURLINGAME, CALIFORNIA April 17, 1989 CALL TO ORDER A duty noticed regular meeting of the Burlingame City Council was held on the above date in the City HaII Council- chambers. The meeting was caIIed to order at 7232 p.m. by Mayor Irving S. I\mstruP. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Fire Chief, Malco1m Towns. ROLL CALL COUNCILME}IBERS PRESENT: AMSTRUPI BARTON, LEMBI , PAGLIARO COUNCILMEIIBERS ABSENT: MANGINI (i11NESS ) MfNUTES Minutes of the Regular Meeting of April 3, 1989 were approved. CONTI NUED APPEAL HEARING FOR FENCE EXCEPTION AT 1915 ADELINE DRIVE (j:lr:y Planner reviewed her memo of March 27 which recommended council hold public hearing and take action. Michael Moran, a contractor,is requesting a fence exception for a six foot eight to ten inch high property line fence at a house that he buiIt. This is a code enforcement item. The fence was in place when the final inspectionfor the house was made. The property owners who have since purchased the house have not been involved in this fence exception. The fence was built without a building permit. The Planning Commission denied this request at its meeting of March 13, 1989. Mayor Amstrup opened the public hearing. Michael Moran stated he vranted to enhance the security of this new home; it is a corner lot and a busy area near a high school. Councilman Pagliaro confirmed that the fence was not shown on plans submitted to city and that the contractor never got a fence permit;Moran noted that the city approved the final building inspection, he said the previous house vras an eyesore and the new house greatly improves the arear the fence is attractive and wellbuilt; he showed photographs of fences in the area that are over height. Mayor Amstrup closed the public hearing. councilman Pagliaro agreed that it is a well built fence but he could find no exceptional circumstances in order to grant a fence exception. Council members agreed. Councilman Pagliaro moved to sustain the Plannin Seconded by Councilman Lembi, carried unanimousl vote . gC y4 ommission denial- .-0 on roll call APPEAL OF PLANNING COMMISSION DETERMINATION FOR PARKfNG VARIANCE FOR ADDITION AT 125 CRESCENT AVENUE City Planner reviewed her memo of April 7 which recommended council hold public hearing and take action. Terrence Freethy is requesting a parking variance in order to make a family room/bedroom secondstory addition to his house at 125 Crescent. He proposes to use theexisting one car garage where the code requires a two car garage. There is a 69 foot driveway between the front property line and thegarage. There presently exists as part of this house a nonconform-ing second floor studio apartment which appears to have been built as part of the original house in L930; this apartment would beeliminated. The Planning Commission voted to approve the parking variance on a 2-3 vote; since 4 affirmative votes are required for approval, it was denied. 348 Mayor Amstrup opened the public hearing. Terrence Freethy, applicant, showed council photographs of the house and stated he has l-ived there for four years and added two childrento his family in that time; he showed original plans for the house dated 1929 and said it was obviously built for one or two people, heis trying to make it a single family home; the nonconforming unit would be converted into a bedroom. Councilman Pagliaro commented he had never seen so many sitting rooms in a pLan; he inguired why the garage could not be extended toward the back. Freethy explained that one sitting room could not be used as bedroom because other bedroom is accessed through thatsitting room; he said he might put a carport in; he could have architect alter p1ans. councit members were generally agreeable to the house plans but most wanted more covered parking. Mayor Amstrup closed the public hearing. Councilman Lembi commented with such a long driveway Freethy couldpark four cars off the street. Council directed Freethy to develop more parking, either in front or back of the present garage. Councilman Pagliaro moved to deny the appeal without prejudice i-n order for the applicant to return to the Planning Conmission with plans that included adequate parking as required. Seconded by Councilwoman Barton, carried unanimously by roll call vote. APPEAL OF PLANNING COMMISSION DETERMINATION ON NEGATIVE DECLARATION AND ThIO SPECIAL PERMITS FOR GROCERY STORE AT 8]-4 EDGEHILL DRfVE c::i.try Planner reviewed her memo of April 10 which recommended council hold a pubtic hearing and take action. Shuji and Ryuko Suruki, property owners, are requesting two special permits to build and operate a grocery store at 814 EdgehiU. The permits are for saleof alcoholic beverages (beer and wine) and for failure to compl-y \oi t-.h four of the eight criteria established for grocery stores adjacent to residential zones: (1) height of over 25 feet (18 allowed); no required fence between commercial and residential; (3) Iot coverage (61 percent where 50 percent allowed); and (4) loading areas which wilt not be wholly on site because setback on California is not large enough for semi trucks to have access. The Planning Commission recommended the negative declaration to council and approved the two special permits at its meeting of March 27 , !989. Councilman Pagliaro inquired about the setback on Edgehill; City Planner said residentiat properties are 15 feet, commercial does not require a setback. Mayor Amstrup acknowledged a petition signed by approximately 200 nearby residents, and several letters in opposition. Mayor Amstrup opened the public hearing. The applicant Shuji Suruki requested approval, noting they need to have a larger site for their Japanese grocery store which is now Iocated on Broadway. The applicants' architect PauI Nii also spoke in favor; he said aII conditions of approval woul-d be met and responded to council questions: that the mechanj-caf structures would not be visible to neighbor; in response to noise concerns he noted that refrigeration equipment would be located in an enclosure in the basementi garbage would be picked up from the California Drive side of property, not at rear. Speaking in opposition $/ere many residents and neighbors including: a San Francisco architect and sister of Pat Jones who lives next door to the proposed project; John Jones, 810 Edgehill; Warren Wickliffe, 808 Edgehill; Tracy Hamann, 111? Palm; Gene Hannon, 1400 Edgehill; Jim Riles, 814 Acacia; Claude Shepard; Chris Langridge, 1101 Edqehill; Marge Unejan, 1200 EdgehilI; Susan Friebel, 815 349 L Edgehill; Frank candolfi, 825 Edgehill. The architect showed visuals of the site with overlays of the proposed project to shor^, the bulk and mass of the building; she disagreed with the Commission's justification that 25 foot tall building is better than a 35 foot tall building which could be allowed on this site; objected to building being built to property line, setback should be required; many customers of the grocery store may object to parking underground and not use the parking. others commented: drainage and run-off from rains may cause the parking garage to flood;qeological hazard, is it earthquake-proof; allowing a grocery store which fails to comply with half the requirements of use inresidential area should not be allowed; it will impact traffic andis too close to a fire stationi trucks wiII double park and increase congestion, may go around block and impact traffic on Edgehill; will Iose trees on property; current store has fish odor; $rhen present apartment house is demolished the city will lose affordable housing which it needs ; too few people were notified of this project, city should reconsider notification procedure, there were many people present tonight from surrounding blocks t ho had just found out aboutthis project today through word of mouth; children endangered by building being next to sidewalk; normal retail use would not imPact as much as grocery store. Mayor Amstrup closed the public hearing. Councj-Iman Lembi expressed appreciation of the corunents, he stated he had grown up in that neighborhood; he said it might be the rightproject in the wrong place; he found the negative declaration inadequate and could not support the project. Councilwoman Barton also said she did not agree with the negative declarationi the grocery store is not compatible with the neighborhood; she could not grant permits. Councilman Pagliaro expressed surprise at the zoning of this area; perhaps council should review the zoning to see if it is appropriate . Mayor Nnstrup noted he has fought for the residential areas for many years and was against this project. Councilman Pagliaro moved to deny the negative declaration and the special use permits for this project. Seconded by Councilwoman Barton, carried unanimously 4-0 on roll call vote. Mayor Amstrup cal1ed for a recess at 9:15 p.m. The meeting reconvened at 9:20 with the four council members present. RESOLUTfON 902 47A-89 - OFDERING DESTRUCTION OF WEEDS AND RUBBISH - CP Public works Director reviewed the memo of April 20 which recommended council adopt a resolution ordering the destruction of weeds and rubbish. He noted properties have been posted for abatement of weeds or rubbish; if the property owner does not cLear the property, the city will do so and attach cost to the property tax bi1l. Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. Councilman Lembi moved adoption of RESOLUTION 47A-89. Seconded by Council-woman Barton, carried unanimously by voice vote. COMMISSION VACANCIES Mayor Amstrup reviewed the city Managerrs memo of April 12 which recommended council set deadline for accepting applicatj.ons for the vacancy on the Park and Recreation commission created when Patrick KeLly was appointed to the Planning Commission, and two positions onthe Library Board which terms expire j.n June. Council discussed the need for notifying public of certain vacancies when the two Library commissj-oners have just compJ-eted their first 350 partial terms and should be reappointed. After some discussion, council determined to folIow usual procedure and notify the public of those term expirations. Deadline $ras set for May 26 to receive applications for thesepositions. CANCELLATION OF STUDY MEETING Mayor Arnstrup canceled the April 19 study meeting with council's approval . DEN]AL OE ENCROACHMENT PERMIT FOR BLOCK PLANTER NT T7t2 TOLEDO Director of Pub1ic works reviewed the memo of April 11 which recommended council deny the request to instal-I a concrete blockplanter along the sidewalk. The wall would be nine inches high and could be a hazard to pedestrians; additionally the ground could be leveled and planted without the planter blocks. The applicants were present and requested approvali council guestioned the backyard drain located in that area and recommendedit be placed under the sidewalk to drain into the street rather than onto the sidewalk; suggested that applicant pl-ant bushes in that area like similar properties in neighborhood. Councifwoman Barton moved to deny the encroachment permit. Seconded by Councilman Pagliaro, carried unanimously on voice vote. CHAMBER OF COMMERCE REQUEST EQB IIHOLIDAY OPEN HOUSEII Councilman Lembi moved approval of the request for Downtown Burlingame Merchants to have a holiday open house on Friday evening, November 24, !989, subject to extra crowd control and cleanup at Merchant's expense. seconded by Councilwoman Barton, carried unanimously by voice vote. CONSENT CALENDAR Councilman Lembi discussed with Park Director the plan for renovating the grandstand at washington Park (f)i Director noted it would include handicapped access. Councilman Pagliaro decfared aconflict on item |tb,tt he would abstain from vote on that item. a RESOLUTION 478-89 - RENEW AGREEMENT WITH SAN MATEO COUNTY FOR SENIOR NUTRITfON PROGRAM Recreation Director's memo of April 4 recommended council approve this resolution to continue the Nutrition Program for seniors. City costs will decrease due to one fewer day of operatj-on and a slight increase in the county reimbursement schedule for an estimated cost for 89-90 of $4,390. b. RESOLUTION 48-89 - LIABfLfTY CLAIMS ADMINISTRATfON CONTRACT city Attorneyts memo of March 30 recommended counciL renew thecity's agreement wi-th ceorge Hi1ls Company for liability claims administration with a $2 per hour increase in the adjuster's hourly wage rate. RESOLUTION 49-89- cP 429 - ACCEPTING COMPLETTON OF D]GESTER IMPROVEMENT Public Works memo of April L2 recommended council accePt as completed the wastewater Treatment Plant Digester improvements by Monterey Mechanical company in the amount of $1,534,633.06. d. RESOLUTION 50-89 - AMENDING AGREEMENT FOR MANAGEMENT SERV]CES IN CONNECTION WITH DIGESTER IMPROVEMENT - CP 429 Public work's memo of April 12 recommended approval of agreement with George Nolte for construction management services in the amount of $66,885. an 351 f E. RESOLUTION - 51-89 - ACCEPTING ROADWAY EASEMENT AND AUTHORIZING AGREEMENT POR MEDIAI.I IMPROVEMENTS WITH DAYS INN 777 AIRPORT Public works memo of April 12 recommended council approve an agreement with Days Inn for median improvements and relocationof one driveway to the hotel and accept the easement for the improvements to the corner of Anza and Airport Boulevards. RESOLUTION 52-89 - AGREEMENT FOR SERVICES FOR DESIGN OF WASH- INGTON PARK GRANDSTAND - CP 827 Park Director's memo of April 11 recommended council authorize an agreement vrith Ven HoweII to provide architectural and engineering services for rehabilitation of the grandstand in an amount not to exceed $35,000. RESOLUTION 53-89 - AGREEMENT FOR SERVICES FOR DESIGN OF RECREA- TION CENTER DRIVEWAY - CP 907 - AND PLAYGROTJND - CP 714 Park Directorrs memo of April L1 recommended council approvethe agreement with Callander Associates for design and construction documents for these projects in an amount not to exceed $13,600. RESOTUTION 54-89 - AGREEMENT FOR SERVICES FOR PRECONSTRUCT]ON SURVEY AND DEMOLITION SPECS FOR NEW PARKING LOT V AT 1350 HOWARD - CP '7'7250 Public works memo of April 12 recommended council approve an agreement hrith C/REM of San Mateo for services in connectionwith demolition of the old bowling alley, in the amount of $14,39s. i. FUNDING FOR SI'MMER JOBS FOR YOUTH PROGRAIvI City Managerrs memo of April 5 recommended council approve funds of $9?5 for the program which council has funded for thepast six years. )DENIAL OF CLAIM OF REBECCA GALVEZ City Attorney's memo of April 5 recommended council deny this claim for job discrimination and other wrongs. K. ENCROACH}.,IENT PERMIT FOR DECK,STAIRS AND STORAGE, 23 EL OUAN]TO Public vlorks memo of April 12 recommended council approve this request to allow an elevated deck, concrete stairs and a storage building to remain on a public utility easement. I. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 2832 - 3243,duly audited, in the amount of $327,457.62 and PayroII checks 13381 - 14248 for the month of March 1989 in the amount of $l ,129 ,9!7.53 (three pay periods ) . Councilman Lembi moved approval of the Consent Calendar. seconded by Councilwoman Barton, carried unanimously by voice vote with Councilman Pagliaro abstaining from vote on item "b." SCHEDULE HEARfNGS Mayor Amstrup scheduled public hearings for appeals for May 1 meeting (1) a tea shop and antique store at 1105 Burlingame Avenue, and (2) a parking variance for addition at 1300 Paloma; for May 15 meeting (1) parking variance for addition at 2172 Hillside and (2) arestaurant at 1461 Bayshore Highway. COMPLIMENT PARK DEPARTMENT TREE TRIMMERS Mayor Amstrup acknowledged a caII from a resident on Trousdale r^rho complimented the tree triruning done by city workers. h 352 a b HOTEL TAX Mayor Amstrup commented on a recent meeting regarding the proposal for funding of a convention center in the county. A developer is requesting a meeting with council members; City Attorney cautioned against meetings which might be against the Brown Act open meeting Iaws. council suggested they meet at a study meeting instead. ACKNOWLEDGMENTS Commission Minutes: Civil Service, March L4; Planning, April 10, 1989. Proclamations: Better Hearing and Speech Month; older Americans Month; water Awareness Week; Boy scout Troop L56 Anniversary. Department Reports: Building Inspector's, March; Treasurerrs, March 31, 1989; Fire Department, First Quarter of 1989. Letter from Pacifica's Mayor and City Manager regarding budgeting for hazardous waste and emergency services. Letter from John Barton thanking council for flowers. LEGfSLATION council also acknowledged letters from Iegislators regarding Mayor's l-etters on upeoming legislation and discussed the Hannigan biII, AB 2400. Staff wiII keep council informed. COUNCILMAN MANGINI Mayor funstrup said he recentfy visited with Councilman Mangini whois improving and very anxious to get back to work. FROM THE FLOOR There were no comments . ADJOURNMENT The meeting was regularly adj ourned at 9:52 p.m. dith A. Malfatti d. City Clerk