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HomeMy WebLinkAboutMin - CC - 1989.06.19375 BURLINGAIIIE, CALIFORNIA June 19, 1989 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the city HaIl council chambers. The meeting was calIed to order at 7:30 p.m. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by city clerk ,rudith A. Malfatti. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : MINUTES AMSTRUP, BARTON, LEMBf, MANGINI , PAGLIARO NONE Minutes of the Regular Meeting of June 5, 1989 were amended on page 1, the last paragraph to read '' . . . modifj-cation to the text eould would..." and t/rere then approved and the minutes of the Study M6Et=ing of June 7, !989 were approved. APPEAL FOR SPECIAL PERMIT AND VARIAIiICES FOR GARAGE/CARPORT AT 1511 NEWLANDS - RESOLUTION 71-89 - APPROVING CARPORT city Planner reviewed her memo of June 9 which recornmended council hold a public hearing and take action. Antonio Mariani, property owner, is requesting a special permit for the size of an accessory structure (975 square feet proposed, 500 allowed), a variance to the required vehicle backup area (22 feet requested, 24 required) and a variance to Iot coverage (54 percent requested, 40 percent allowed). The structure presently consists of a one car garage attached to a thro car garage and attached to a two car carport. At the time thefive unit apartment project was built, eight parking spaces were required, five of which were covered. With the Present structuresall eight spaces are covered. There are no building permits on filefor the two garage structures or the carport and none of them meet building or fire code requirements. The adjacent neighbor had complained about the proximity of the one car garage to herproperty, use of the garage for storing a car that does not belongto a tenant and the guality of construction of the one The applicant's representative, Lynn o'Halloran, submit car ga ted a rage .letter doors before rsonalthis ge and ng forn sitehis pe deniedrkingwith a twois building. suggesting that the owner would remove the one car gara on the two car garage in order to provide covered parki tenants. The two car garage and two car carport were o the o$rner bought the property. The owner vrould remove car from storage at the site. The Planning Commission request and gave the applicant 90 days to remove all pa structures at the rear of the property and replace them car carport built to code as originally approved for thIn response to Councilman Lembi, Cj-ty Planner said three parking spaces are available under the apartment building. Mayor Amstrup opened the public hearing. Steven stej.n, attorney representing Mariani, said a neighborrs complaint about car noise had escalated out of proportion; Mariani has owned the site for three yearsi he built a one car garage butdid not know that a building permit was needed; Mariani is willingto remove the one car garage he built; he urged approval of theother parking because tenants needed covered parking; he requested doors on two car garage be allowed to remain because tenants need secure garagei Mariani will meet building code requirements and would not store his car therei there had never been complaints about the backup area. In response to council- questions, Stein respondedthat Mariani had replaced a shed covered with plexiglas with the onecar garage and stored his car there. Stein requested Mariani be allowed to remove the one car garage and rebuil-d the other two structures to current code. clifford Brodie, tenant, requested that the two car garage be allowed to remain; he currently uses that garage for his tl"ro carsi he has no trouble backing out; wanted to keep garage doors for security. Stein spoke on behalf of another tenant who wanted to speak in favor but had laryngitis. She was a long time tenant and indicated the t$ro car garage had been there for some time and she had never experienced problems with the garages. Lj-nda Machado, 1517 Newlands, spoke in opposition, she showed an overhead drawing of the site plans and her housei initially she was only opposed to the one car garage adjacent to her home; Mariani had torn down a shed at that site and built the garagei he stores his.rnr i.1 that garage and it is a noisy car which he uses at odd hours; exhaust from car comes into her home and the sound of the garage door opener reverberated through her house; she bel-ieved Mariani had known the parking structures were illegal when he bought the site; she requested that only a two car carport be allowed; the closed garage was not used for parking but for storage, if it were a carport they would not use it for storage. Melissa Maxwell-, 1521 Newlands, said there is a parking problem on the street due to several apartment buildings in the area; the garage was used for storage not parking, the tenants parked in front of her homei some of the cars are large and cannot get into theparking spaces and the garage should have the required backup aisle. Russ Jackson, 835 walnut, had worked at the site; he said there is a storage room under the apartment building; the two car garage was used to store items for weekly garage sales; there vrere always stucco repairs being done to building because of backup accidentsi parking was always a problem; lighting is restricted in the back yard because of the garages; all the parking structures \"rereillegal. Steven Stein, Marianirs attorney, rebutted; had never been complaints prior to the one car garage being built; not had damage to building from backup accidents since Mariani owned site; there is a lot of anger from neighbors against Mariani; he begged council to disreqard anger and allow the structures to remain as Mariani requested and as tenants needed. Mayor Amstrup closed the public hearing. city Planner clarified which parking structure was original structure and which one \rras added by Mariani. Councilman Pagliaro stated the present carport at the rear left hand corner of the Iot should be the only structure to be allowed; other structures should be removed. Council discussed several options; carPort across entire rear of lot; leaving one or another of the structures; removing doors from garage; original plans require eight parking spaces for tenants, there are three under the building and five across the rear of fot; original plans allowed only a tvro car carport at the rear. City Planner responded to council that j-f garage structures $rere removed the carPort would still have to be rebuilt to meet current code requirements with one hour fire wal1s. Councilman Pagliaro moved to uphold the Planning ConEnission denial in part but to a}low the existing carport at the rear left hand side of the lot to remain and be brought up to code requirements and reguire removal of the two enclosed garage structures. Seconded by Councilwoman Barton, carried unanimously 5-0 on ro11 call vote. Attorney Stein asked if Mariani could build carports across the rear of the lot to replace the garages. Council informed him that that is a new project and would have to be reviewed by the Planning Commission. APPEAL FOR SPECIAL PERMIT FOR SNACK SHOP AT GASOLINE STATION AT 11OO B ROADWAY - CONTINUED TO JULY 17 City Planner reviewed her memo of June 9 which recommended council hold public hearing and take action. This is a code enforcement 376 issue; the gas station operator is selling snac his service station. Planning Commission denie special permit . kidr tems in part of he request for Mayor Amstrup opened the public hearing. The applicant requested this item be continued to the meeting of July 17. Councilman Pagliaro felt he could not continue the item when an illegal business was operating; he inquired if applicant would halt his illegal operation of snack and cigarette sales until after the JuIy 17 meeting. Applicant agreed. Mayor Amstrup continued the public hearing until July 17. ORDINANCE T392 - URGENCY ORDINANCE PROHIBITING CERTAIN TRESPASS UPON SANCHEZ LAGOON AND SANCHEZ CHANNEL city Attorney reviewed his memo of May 22 which recommended council adopt an ordinance to prohibit trespass on the wetland portion of Sanchez Lagoon west of the new Anza freeway offramp bridge, this ordinance \"ras introduced at the last meeting. Mayor Amstrup questioned city liability if one of the jet skiers hit a sandbar in the lagoon. City Attorney said the city vras not liabIe. councilman Lembi suggested the entire lagoon and channel area be closed to motorized vehicles. Councilman Mangini thought people should be banned from using area for their own safety and he wondered who would rescue people in difficufty; staff responded city is not equipped for water rescue. Staff reviewed that there will be a pubtic parking area for public accessi that water uses could be limited to non motorized uses such as canoe and sailboat uses. There are several choices for action; this is a major change in the ordinance which was introduced and could come back for public hearing at the next meeting and would not go into effect until 30 days after that hearingi or council could adopt the ordinance before them tonight to prohibit use of part of the lagoon which lvould go into effect 30 days from tonight and adopt additional prohibitions later; or council could adopt an urgency ordinance tonight which would go into effect immediately restricting use in both areas. Mayor Amstrup opened the public hearing. There being no co[unents, the hearing was closed. Council approved of the area being open for recreational use, butnot for motorized vehicles and determined to adopt an urgency ordinance to prohibit such uses immediately. Councilman Lembi moved to adopt ORDINANCE 1392 revised as an Urgency ordinance to prohibit motorized water vehicles from using the Sanchez Lagoon and Channel. seconded by Councilman Mangini. councilman Mangini wondered if the water could be screened off to keep vehicles outi staff noted any screening would collect debris. The motion carried unanimously by ro11 call vote. ORDTNANCE ].393 - EXTENDING PROHIBfTION OF BUITDING PERMITS ON CERTAIN PARCELS BOI'NDED BY EDGEH]LL AND CATIFORNIA DRfVES City Planner reviewed her memo of June 9 which recommended council hold a public hearing and take action to extend Interim ordinance 1391 until December 5, 1989. In May council adopted an interim ordinance restricting construction to maintenance and repairs ofexisting structures on properties vrith double frontages bethreenCalifornia and Edgehill The restriction was to allow staff timeto evaluate a general plan amendment and rezoning of this area to high density residential from the present commercial use. Mayor Amstrup opened the public hearing. There being no comments,the hearing $ras closed. 377 378 Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. Councilman Pagliaro thanked Mayor Amstrup for his work as budget chairman; he questioned the increase in the budget for the convention Bureau and suggested next year council look at figures from the Convention Bureaui he \"rould like any increase to be compatible with the hotel tax increase. City Manager noted that the percentage increase to the Convention Bureau is directly related to the percentage increase in hotel tax. Councilwoman Barton moved to adopt RESOLUTION 72-89 - Adopting the 1989-90 Budget. Seconded by Councilman Lembi, carried unanimously by voice vote. Councilman Lembi then moved to adopt RESoLUTIoN 73-89 - Establishing the Appropriation Limit. Seconded by Councilwoman Barton carried unanimously by voice vote. APPOINTMENTS TO LIBRARY BOARD AND PARK AND RECREATION COMMISSION Mayor Anstrup said he and Councilnan Pagliaro had interviewed 14 candidates for these positions on the Library Board and Park and Recreation Commission and they $rere all excellent candidates, he hoped they would renew their interest if they are not appointed because there are only three positions open tonight. Councilman Pagliaro nominated Kristine cannon and Shirley Robertson, both incumbents, to the Library Board. Councilman Mangini nominated Jane Taylor. Nominations were closed and City Manager distributedballots and read the results into the record: council members Amstrup, Barton, Lembi and Pagliaro voting for Cannon and Robertson, councilman Mangini voting for Robertson and Taylor. Kristine Cannon and Shirley Robertson were appointed to the Library Board for their second three year term. Councilman Pagliaro nominated James Yawn and Michael Pera for theposition on the Park and Recreation Commission. City Manager distributed ballots and read the results: council members Amstrup, Barton and Mangini voting for Yawn, council members Lembi and Pagliaro voting for Pera. James Yawn was appointed to the Park and Recreation Commission. Mayor Amstrup thanked the applicants again and asked the city Manager to vrrite Ietters of notification. ENCROACHMENT PERMIT FOR SlX FOOT IRON FENCE AT 212 EAST LANE Councilwoman Barton stated that all council members were in agreement on this extension and moved to adopt ORDINANCE 1393. Seconded by Councilman Mangini, carried unanimously by ro11 caII vote. RESOLUTION 72.89 - ADOPTING 1.989-90 OPERATING BUDGET - RESOLUTION 73.89 - ESTABLISHING 1989-90 APPROPRIATION LIMIT Mayor Amstrup noted this is the time for adoption of the annual budget and thanked the City Manager, department heads andparticularly the Finance Department for the excellent budget. Council had discussed the budget at its last study meeting. He saidour city has a much better financial outlook than any neighboringcities; he noted the city would have to raise vrater rates this year to keep that fund in the black. city Manager reviewed his memo of June 8 which listed allocations to community groups of $1L,600 and the community promotion budget increase of $5,000 for the Chamber of commerce pending review of a new contract by a council committee. The total budget is $27 ,3'79,40'7 . Director of Pubtic Works reviewed his memo of ,June 14 $rhich recommended that council deny the requested fence encroachment permit and require that the fencing be removed from the right-of-way and clear of the Fire Department connection within seven days. city inspectors noticed this fence had been installed in city right-of- way. The applicant, cole European Motors, had the fences installed to protect vehicles in the parking area. The six foot fence height is acceptable in a commercial area, but a major portion of the fence 379 blocks the required Fire Department connection to the building. The applicant was not present. Councifman Mangini moved to deny the encroachment permj.t as recommended. Seconded by Councilwoman Barton, carried unanimously by voice vote. ENCROACM,IENT PERMIT FOR FENCE AT 2509 ADELINE CONTINUED The applicant, Mrs. Johnston, requested continuance to the JuIy 17 meeting. Council concurred. CONSENT CALENDAR councilman Lembi wondered how money would be distributed from county Transportation funds in item rra." Director said these would be placed in a special fund for city street improvement proj ects . RESOLUTION '74-89 - AGREEMENT WITH SAN MATEO COUNrY TRANSPORTA- TION AUTHORITY FOR DISTRIBUTION OF MEASURE A FUNDS city Manager's memo of June 12 recommended council approve an agreement with the county Transportation Authority fordistribution of Measure A funds; For next year, the city $riII receive 4.37 percent of 20 percent of the total revenue generated by the sales tax. The formula is based on population and road miles in the city; annually auditors will certify to the Authority that we are using the funds for approved proj ects . b. RESOLUTION 75-89 - APPROVING RECORDS RETENTION SCHEDULE FOR CITY MAI.,.IAGER OFFICE city Managterrs memo of June 13 recommended that council approve a retention schedule for disposal of obsolete files. ACCESS ROAD REPAIR MILTS CANYON SLIDE AREA - CP 802 Public works memo of June 13 recommended council approve an agreement with Brian Kangas Eoulk in the amount of $14,000 for professional engineering services for this project. DENIAL OF CLAIMS: (1) MARGARET COZAKOS; (2) RICHARD NEWMAI city Attorney's memos recommended council deny these claims for(1) a sidewalk faII; and (2) car towing from a no parking area. YEAR END BUDGET AMENDMENTS Finance Director's memo of June 1,4 recommended council approve transfer from the contingency Reserves Fund to the Finance Department ( $17,000 ) , city Attorney ($8,000 ) , City council ( $2,000 ) and other Employee Benefits ($22,000 ) . f. WARRANTS AND PAYROLL Finance Director recommended approval of warrants 3725 - 4248, duly audited, in the amount of $1,595,809.51 and Payroll Checks 1-497 4 - L5787 for the month of May 1989 in the amount of $7 36 , 433 .52 . s TENTATIVE CONDOMINIUIII MAP FOR 1216 EL CAI4INO REAL Public works memo of June 13 recommended council concur with Planning Commission and approve this tentative map. Councilman Lembi moved approval of the consent calendar. seconded by Councilwoman Barton, carried unanimously by voice vote. the funds c. RESOLUTION 76-89 - AGREEMENT FOR ENGINEERING SERVICES FOR d. 380 OLD BUSINESS Mayor Amstrup distributed notes from a meeting at Lincoln Schoo1 regarding a recent attempted abduction of a child. Other council members regretted they had not been aware of the meeting. Mayor Amstrup said he saw notice in newspaper and went to the meeting. Fairgrounds: Mayor Nnstrup reported on recent meetings regarding the expansion of the fairgrounds which he and the City Manager attended. He questioned the amount of money the county would be putting towardthis project and what the specific plans were. Councilman Manginisaid he saw reports that Semicon is reducing the proposed newstructure size to 100,000 square foot size and he wondered about the support from San Mateo neighbors. Mayor Amstrup wondered hov, muchfinancial support Semicon planned to contribute. City Manager reviewed the current plan is a compromise plan in order to get approval from neighbors adjacent to the fairground who are objectingto expansion. Council-woman Barton objected to reading reports aboutcity officialsr meeting when she knew nothing about those meetings. Mayor Amstrup said he and the city Manager were invited to attend a meeting; county officials are suggesting raising the hotel tax to fund improvements at and near the fairgrounds. Councilman Pagliaro said he is not interested in funding these improvements or raisinghotel taxes; SemiCon should pay for its building; he would like to use hotel taxes for city projects. Councilwoman Barton said ourcityrs lower hotel tax makes our hotels more attractive than San Francisco hotels; she thought council needs to discuss this; she would like a study meeting with hotel managers. Councilman Mangini had attended a meeting with the Mayor, City Manager and hotel managers and he thought the hotel managers would like to see a convention center in Burlingame. Councilman Lembi said he wanted more information on the entire issue. city Manager noted this is hote thefor not a new issue; this is a expansion and they would I ed-down version for fairground he five major hotel cities to raise the hotel tax would take a vote of short to put something on the ballot1r peo the scalike t is ing wing Matt Murray, aide to Supervisor Schumacher, reviewed meeting last week between Semicon, Burlingame and San Mateoi he noted the Boardof Supervisors has not taken this issue up yet either. Discussions center on financing over a 20 year period. City Manager noted that in the City of San Mateo the big issue is increased traffic and parking any expansion would bring. Council agreed that this must be discussed. Council directed the City Manager to ask questions and report back to council. Freeway Connection: Councilwoman Barton co[unented on the nearly completed bridge and freeway connection at Anza Boulevard; she wondered what the new turnoff would be caIIed. Staff responded Anza Boulevard. She objected and wondered what meaning Anza had to ourcity. Mayor Amstrup said he had thought about renaming the entire bayfront area, maybe Airport west or something more meaningful tocity; he would like this issue on the next study meeting. Russia's Baltic Statesr Independence Movement: Mayor AmstruP acknowtedged a letter from Foster City Councilman Riho Martinson requesting that the Council of Mayors support the Russian states' independence movement. Councilt oman Barton suggested they also support the Chinese independence movement. After some discussion, a majority of council members directed the Mayor to vote j-n favor ofthis issue at the Council of Mayors' meeting. Councilman Mangini moved that the Mayor vote in favor of the resolution. Seconded by councilman Lembi, carried 4-1 on voice vote, Mayor Amstrup voting no. ax to fund this; ra p1e and time is dra upcoming election. ACKNOWLEDGMENTS a. comnission Minutes: Library Board, May 16; Beautification, June 4; Planning, June 12; Traffic, Safety and Parking, June 8; and civil Service, May 9, 1989. 381 1^Department Reports: Treasurerrs Report, May 31, 1989; Police Report, May 1989; and Building Inspectorrs Report, May, 1989. Copy of letter from Chamber of colunerce to Board of Supervisorsin support of expanding the fairgrounds. CANCELLATION OF JULY 5 REGULAR MEETING City Manager informed council that there are no public hearings or pressing business scheduled for the next regular meeting. Council concurred on canceling the meeting of JuIy 5, 1989. The next regular meeting would be JuIy 17, 1989. Judith A. Malfa City Clerk l_ FROM THE FLOOR Ehere were no comments from the floor. ADJOURNMENT Ehe meeting was regularly adjourned at 9:15 p.m.