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HomeMy WebLinkAboutMin - CC - 1989.07.17382 BURLINGAME, CALfFORNIA July 17, 1989 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City HaII Council Chambers. The meeting was ca1Ied to order at 7:12 p.m. by Mayor lrving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE E'LAG Led by Richard Adie, Manager of Hyatt Hotel. ROLL CALL COUNCILMEMBERS PRESENT : C:CUI..I-CILMEMBERS ABSENT : MINUTES AMSTRUP, BARTON, TEMBI , MANGINI , PAGLIARO NONE Minutes of the Regular Meeting of June 19, 1989 were approved. WELCOME STUDENTS FROM MERCY Mayor Amstrup welcomed students from Mercy High School and their teacher Mrs. christy. APPEAL FOR HILLSIDE CONSTRUCTION PERMTT AT WITHOUT PREJUDICE 28OO MARIPOSA - DENIED City Planner reviewed her memo of June 30 which recommended council hold a public hearing and take action. Mr. and Mrs. Vasilios Sianis are requesting a Hillside Area Construction Permit in order to add a l-,287 square foot second story addition to an existing house at 2800 Mariposa Drive. The second floor addition will include two bedrooms, two baths and a play room. The first floor wiII retain four bedrooms and a family room. The completed house wiII be 47 pe,rcent Iarger with a total area of 4,04'7 square feet. AlI zoning and setback requirements are met. An existing portj-on of the house, the garage, is two story because the garage is located belohl a part of the first floori the new addition wiII be placed over the Portioncf the house which is now one story so that height and number of story requirements are met. The Planning cornmission voted 3-4 to defeat a motion to approve the permit. The commissioners noted the view lost would be closer long distance views of trees and bayfront; a second chimney was not shown which would further block the view; the view from neighbor cooper's kitchen would be blocked; reducing r-,:igh? of addition from 23 to 21 feet was discussed. The neighbors Mr. and Mrs. Cooper and neighbors at the rear, Mr. and Mrs. Erickson are opposed to the addition. Mayor Amstrup opened the public hearing. George Corey, attorney representing Sianis, said new plans have been drawn to reduce the height of the addition to 21 feet as recommended by Planning Comnission. He said the hillside review ordinance is subjective and he believed that if this application is denied, all applications would have to be denied. The Planning Commission aeniaf was a close vote, they apparently would tolerate no reduction of view. He introduced architect Stanley York. Stanley York showed new plan; original plan was hip roof; new plan is mansard style roof resulting in lowering height two and a half feet. Council was concerned that new plans should go back to the Planning Commission; councilwoman Barton said council policy has always been to send a redesign back to the Planning Commission. City Planner noted that the Planning commission had suggested that the roof could be reduced by two and one half feet, architect has responded to that suggestion, it is essentially the same pIan, just a different roof line but the corunission and neighbors had not seen the plans, Councilman Pagliaro was most concerned that the neigi:bors get a chance to look at nev, plans and v'rouId like the 383 planning staff to have an opportunity to review also. Attorney Corey said it is same project, they simply reduced height; it is wj'.hin council's right to review the project. York explained that the Planning Corunission had suggested a two foot reduction in height, he has made a two and one half foot reduction in height. If roof were any lower it would not be in style hrith the building. He revj-ewed number of bedrooms would be six, though one Yr,:,Croom would be used as an office. councilman Mangini wondered if they had considered using the back yard for expanding house. York said that was not possible because it would exceed setback and 1ot .:o'ur)i:age. Mangini thought there was ample room; they could ask for variances. corey introduced their appraiser. Robert Long, appraiser, reviewed his conception of view value and said in his opinion the value of neighbors home would not decrease nrith the applicantts addition. Showed photos with nev, addition sketched in. He reiterated to council that in his opinion the proposed addition would not diminish the Cooper's home, they now have a view with many roofs. If they sold the home after the Sianis addition was built the new people would have no conception of the view the Coopers had previously. Councilman Pagliaro wondered why Sianis needs so many rooms. Corey responded that one room wiII be home office and some rooms will be f c,r .i n-laws who will live with them. Speaking in opposition was Timothy o'Hare, attorney representing the coopers. He thanked council for visiting the site. He suggested t.lt(: project be sent back to Planning Commission for review since the plans have been changed, also a second chimney was not present in all the plans or drawings. He noted another neighbor, the Ericksons, opposed the project due to loss of privacy in their back yard where two windows would look onto their patio. The letters of support for the applicant were from neighbors below the project whose view would not be affected. Coopers have lived there for seventeen yearsi the CCRs of Mills Estate precluded second flooradditions. He applauded councilrs adoption of the hillside review ordinance and thought this project, if approved, would be the first exception. He wondered why the back yard was not used for theaddition. A11 the lots in area are one story homes. He showed photographs of the cooper's views with an overlay of the neighborrs proposed second story blocking the view, and other photos. He wondered how council would be remembered, as havinq carried on thetradition of protecting views or of changing this tradition. Property values will go down. Harold Cooper, 2809 Las Piedras, expressed his concern about the loss of a view they have enjoyed for many yearsi a view from San Francisco to the san Mateo Bridge; this planned addition would take away views of the trees and bayfront of Burlingame. He introduced a surveyor he had hired. Robert Putnam, surveyor, reviewed measurements he made; noted the etched photographs shown by the applicant appear to be v,,rong; he had prepared drawings which he presented to council showing loss of view; he told council methods of measuring, his line of sight was from 4.2 tee|- off floor of Cooper's home. Pierre Derouineux, realtor, stated in his opinion the Cooper's house would be devalued by $60,000 to $80,000 if this addition is built. Mayor Amstrup closed the public hearing. Councilman Lembi thought this was an issue the neighbors should be able to resolve; he would favor denying without prejudice. Councilman Pagliaro commented on the question about 'rhow council would be remembered, " noting that if council grants an applicant's request it would not be remembered because the applicant feels hegot what he deserved, but if council denied a request it would never be forgotten. He agreed with Lembi but also was concerned that the applicant is adding too many rooms. 384 Councilwoman Barton also agreed. She noted that people have theright to have their vJ-ew, you can't measure percentage of view 1ost. She wanted the Planning Commission to be a\rrare that Council leans over backward to help residents expand their homes, but not at the expense ofthe view.did not thsolution w a Co inkirh neighbor. There is a way to expand without affecting oper has the right to have his view preserved and sheit should fall upon cooper to work out an agreeablethe applicant; it should be the applicant who worksout the sol-ution to preserving Cooper's view. The city has adoptedthe hillside ordinance and should abide by it. Councilman Manginj- said he would like the Planning comnission to look at ground level expansion of the home instead of second story. Councilman Lembi moved to deny srithout prejudice and send back to the Planning Commission with direction given tonight. Seconded by councilman Mangini, carried unanimously by ro11 call vote. Mayor Amstrup ca1led for a recess at 8:45. The meeting reconvenedat 8:55 with all members present. APPEAL FOR SPECIAL PERMIT FOR SNACK SHOP AT GASOLINE STATION AT 1]"OO BROADWAY - DEN]ED Mayor Amstrup opened the public hearing. The applicant, Mohammad Mashhoon, requested approval . He stated that gas stations need to provide this extra service of snack items to make a profit. He requested that council allow him to seII packaged snack items and cigarettes. His days and hours of operation will not increase. Lawrence zaro, speaking for property owner, expressed concern about objected to conditions about th ispense gasoline while parked onentire site to be redesigned. He umber of employees and hours and days of operation. The station has been there for years and has always sold litt1e items such as candy, drinks, cigarettes and maps. Mayor Amstrup closed the public hearing. City Planner noted that the number of empl-oyees and hours of operation are what the applicant had requested. councilman Pagliaro noted this request is the same as another gas station had requested; the impact on this very busy intersection would be deadly. closing the two driveways which said the gasoline delivery trucsite and they are not allowed t the street; this would require is a condition for approval. He ks would not be able to enter theod theen Councilwoman Barton agreed, s similar applicatj-ons. She ha because people will not go ou machines. ing councj-l has turned down several o objection to some vending machines f their vray to shop from vending tatdnto City Planner reviewed her memo of June 9 which recommended council hold public hearing and take action. This appeal public hearing was continued from the last meeting. This is a code enforcement issue; the gas station operator was selling a large amount of snack itemsin part of his service station. Moharunad A1i Mashhoon, the gas station operator, is requesting a special permit to use an area within an existing service station as a snack shop. There arepresently two separate businesses on this site: (1) the gas station which uses 473 square feet of the building, and is open seven days a week with a maximum of three employees and (2) an auto repair business which uses the remaining 780 square feet six days a week with three employees. Planning Commission denied the request for special permit. She noted a letter received today from Desert Petrolerm which leases the property from Madalena zaro, and a letter from the property owner represented by her son Lavrrence zaro. City Planner responded to council comments that several gas stations have requested snack shops in recent years, they have all been turned do$rn. councilman Lembi disagreed hrith imposing conditionsseII; he goes to this station several times a monthto buy snacks; he did not see the snack sales as aof this site; he was concerned about the condition cuts so that gas tanker truck could not enter the s support the request with some modifications. ot de ir n rrhat they can o buy gas, notstination use ducing curbe. He could Councilman Mangini was concerned about safety and adequate parking on this site with three businessesi he would oppose. Councilman se11 food; the numberonly applycuts would Pagliaro rej-terated that if this isbut he wondered about the conditionof curb cuts. Staff responded thatif council approves the request, if remain as they are now. denied they could notrequiring reducingthat condition wouldit is denied the curb Mayor Amstrup said he woul-d not like to see a room fu1l of vending machines selling food; it would be difficult to enforce what and how things are sold. Councilman Mangini moved to sustain the Planning Commission denial. Seconded by Councilwoman Barton, carried 4-1 on ro11 call vote, Councilman Lembi voting no. RESOLUTION .77-89 - FIXING ASSESSMENTS FOR SIDEWALK, CURB AND GUTTER REPAIR - CP 7O3A AND 7O3C Director of Public Works reviewed the memo of July 11 which recommended council hold a public hearing and adopt or modify the assessments listed. The city Engineer has sent certified letters to the property owners or agents requiring them to repair hazardous conditions of sidewalks, curbs and gutters; if not repaired by owner, he has contracted for the repair and he has presented theCity Clerk with the assessment report and list of property owners who have not paid their bi11s. The City CLerk has published the required notice and posted the assessment report in city HaIl. Twoletters of protest have been received. once council adopts the assessments, the list wiII be presented to the county Auditor forcollection on the tax rolls. The total dollar amount of the assessments is $40,552.51. Mayor Amstrup opened the public hearing. Eric Mausser, owner of 245 california, reviewed his letter of February 8 $rhich objected to the repair which he claims he could have had done for $252.73 less than city cost. He had obtained estimate from contractor, who was ready to do the job, when the city proceeded to do it. Director reviewed the methods of notifyingproperty ovrners. when Mausserrs contractor failed to get a buildingpermit and the cityrs contractor happened to be working in the areathe city did repairs. Councilman Pagliaro moved to accept the protest and adjust the billaccordingly. seconded by councilwoman Barton, carried unanimously. Mayor Amstrup moved to direct Pub1j-c Works Director to negotiatewith Yee for a reduced assessment. Seconded and carried unanimouslyby voice vote. Mayor Amstrup closed the public hearing. 385 Gilbert Yee, owner of 41 Highland, reviewed his letter of protest and that he had been prepared to do the work himself, had removedthe concrete and buiLt forms and was just waiting for concrete to bepoured, when the city contractor came and poured concrete. He felt he shouLd be billed less because he had already done half the work. Mary Cailteaux, owner of 21 Lorton, protested the billing forrepaj-rs. She noted that the Ietter she recei.ved said if she did notprotest, the cost would go on her tax bill . Council verified that she had not attempted to do any of the repairs and therefore deniedher protest. 386 Councilwoman Barton moved to adopt RESOLUTION 77-89 Fixing Assessments for Sidelvalk Repairs. Seconded by Councilman Lembi,carried unanimously by voice vote. ACT OF HEROISM BY FIRE FIGHTER VOTKER JENSEN Mayor Amstrup called the publicrs attention to Burlingame Fire Fighter Volker Jensen \"rho attempted to rescue a truck driver whosetruck \"rent off the san Mateo Bridge. Fi-re Chiefrs memo informed council that Jensen has been nominated for a State medal of valoraward. Council commended Volker Jensen. SPECIAL ENCROACHMENT PERMIT FOR FENCE AT 2509 ADELINE DRIVE Director of Public Works reviewed the memo of June 14 which recommended councj-I deny the requested encroachment permit. Theapplicant, Friederike Johnston, has applied for a permit to retain an existing fence approximately five feet into a six foot easement. There are actually three different encroachments on this lot; the corner of the house encroaches, the shed encroaches and the fence encroaches. The long standing buildj-ng encroachments have a minoreffect on the easement, but the fence virtually closes the alley and was recently rebuilt at its present location. Previously the fence was about one foot from the corner of the house which encroachesinto the alley. The applicant h'ould like the distance to better access her back yard from her side door. Staff recommended denial because the nev, fence denies access to the water meter readers. Mrs. Johnston clarified that she was unable to get through the previous openinq into her back yard; that her house was burglarized and she believed it was due to the closeness of the fence to her windows; the meter readers are still able to get through the opening; the fence is only 31 inches from her house now. Council agreed this is an unusual situation and asked if Mrs. Johnston would remove the fence if city needed access. Councilman Manqini thouqht Mrs. Johnston should give some of the area back to the city for ease of access for meter readers. council-r.roman Barton asked Director how much room he needed for meter reader access. He responded at least three feet. Councilman Pagliaro moved that Mrs. Johnston be required to move her fence at least three feet from the opposite fence and be allowed encroachment permits for the fence relocated as required and for the buildings. Seconded by Councilman Mangini, carried unanimously. AMU SEMENT PERMfT FOR BEHANIS IRISH PVB, L327 BROADWAY city Attorney reviewed his memo of JuIy 5 which recommended councif grant an amusement permit to Behan's for six months with conditions. Behan's Irish Pub has been having entertainment at this Iocation for some time but was unaware that they needed an amusement permit. They request a permit for entertainers on Saturday nights and recorded music with 'tstar Search" on Sundays from 9:30 p.m. to 1:00 a.m. Police report a number of calls to the site, owing to the number of customers on site and the competence of the employees. The Fire Department indicate concerns about the number of people on site and request a condition that the estabtishment post a maximum occupancy of 49 people and if there are three citations for violation of occupancy requirements in one year, the permit be revoked . Mary Mitchell, owner, was present and accepted the conditions. Gary Orton, attorney representing Mrs. Johnston, stated these structures have been at their locations since 1926. A utility pole has recently been erected in the alley near the corner of Mrs. Johnston's house which further restricts the access. Sewer pipes are not located in this area. He requested that if council could not approve the request, that the applicant be allowed to rebuild the fence in its previous location \4,hich was about 15 to 20 inches out from the house corner. 387 Councilman Pagliaro was concerned about the number of calls for police service; he said if council saw a similar list at time of review in six months, it would revoke the permit. City Attorney explained to Mitchell that the establishment must be run in a manner in which disturbances do not take place. Councilwoman Barton also noted another establishment on Broadway that was denied an amusement permit because of complaints from neighbors in adjacent apartments. Councilman Mangini moved to approve the Amusement Permit for six months with conditions. seconded by Councilman Lembi, carried unanimously by voice vote. ENCROACHMENT PERMIT FOR FENCE AT 2705 ADELINE DRIVE Director of Public Works reviewed the memo of July 13 which recommended that council deny the requested fence encroachmentpermit. The applicants wish to install a three foot fence at the back of sidewalk. Staff can see no special circumstances for allowing the fence and suggested they install it at back of right-of-way, three and one half feet from sidewalk, there are no other fences on the block though there are several hedges. The applicant, Mrs. cormody, requested permission to build a cute tittle fence at the front of her propertyi she said in a three block radius of her home there are 43 fences in front at sidewalks; she has a two year old child and pets and would like to have use of her front yard; if she set the fence back three feet from the sidewalk the yard area would be too small. Councilwoman Barton said she had seen huge fence posts installed infront yardi applicant said they are building new fence along sideproperty line, it will be stepped down in the front yard area; they did not kno\", they needed permit, the fence would enhance the area. Council discussed concerns about city liability for a fence in its right-of-way; City Attorney noted the encroachment permit has a hold-harmless clause which is only as good as the homeowner's insurance, the city might have some exposure. councilman Lembi said he had no problem allowing this request and recalled a previous request which was allowed for a picket fence. Councj-lman Mangini moved to deny the request. Seconded by Councilwoman Barton, carried 3-2 on roll- call vote, councilmen Lembi and Pagliaro voting no. CONSENT CALENDAR Councilman Pagliaro questioned increasing contribution percentage to the Conventj-on Bureau, item "b." City Manager reviewed that the contribution is based upon the percentage of hotel tax increase,this is a one year contract and it has been council policy to use the percentage of hotel- tax as basis for contribution. It is doubtful that any other cities will increase their contribution. Councilman Pagliaro hoped that the tree trimming project would bewell supervised by city, item lre.rr He asked that item rtmrr be removed from the consent calendar for discussion later. City Clerk's memo of June 25 recommended council approve a resolution calling for city election on November '7 , 1989, approve a contract with the county Clerkrs office for elections services, and limit the length of candidate statements to 200 words in length. RESOLUTION 79-89 VISITORS BUREAU 1989-90 AGREEMENT WITH COUNTY CONVENTION AND city Managerrs memo of June 26 recommended that council approvethis agreement for promotional services in the amount of 72.5percent of our 89-90 hotel tax not to exceed $320,000. a b RESOTUTION 78-89 - CALL]NG A GENERAL MUNICIPAT ELECEION, RE- OUESTING COI'NTY SERVICES, AND LIMITfNG CANDIDAIE STATEMENTS 388 RESOLUTION 80-89 COMMERCE 1989-90 AGREEMENT WITH BURLINGAME CHAMBER OF City Managerrs memo of July ? agreement with our Chamber ofin the amount of $20,000. recommended council approve an Commerce for promotional services d RESOLUTION 81-89 - AGREEMENT FOR PROFESSIONAL ENGINEERING SER- V]CES - STORM DRAINAGE STUDY - CP 91.0 PubLic Works memo of JuIy L7 recommended council approve an agreement with wilsey & Ham in the amount of $75,468 forprofessional engineering services regarding the creek study. RESOLUTION 82-89 - AUTHORIZING PURCHASE OF NEW BELT PRESS, WWTP - cP 79040 RESOLUTION 83-89 - AWARDING BID FOR 1989-90 TREE PRUNING - CP 912 Park Director's memo of July 12 recorunended awarding a contractto Arbor Care for city tree pruning of Eucalyptus and other large trees throughout the city for an amount of $27.05 per man hour not to exceed $66,000. RESOLUT]ON 84-89 - AGREEMENT FOR SERVICES FOR PUMP SEAT]ON DESIGN AT 1740 ROLLINS - CP 903 Public works memo of JuIy 11 recommended council approve an agreement with Richard M. Trainer for professional services to design improvements on the sewage and drainage pump stations at 1740 Rollins Road in the amount of $45,240. h. REQUEST TO USE COUNCIL CHAMBERS AS ALTERNATE COURTROOM IN EVENT OF DISASTER City Managerrs note of June 21, attached to letter from Judge DaIe A. Hahn of the Superior court of San Mateo County, recommended council approve this request if there is no interruption of city use. i. TENTATIVE CONDOMINIUM MAP FOR THREE UNITS AT 1443 FLORfBUNDA Public Works memo of May 27 recommended council concur with the Planning Commission and approve the tentative map. l RENEW AL OF EXCESS LIABILTTY AND VIORKERS COMPENSATION INSURANCE City Attorney's memo of June 28 recommended council apProve rene\raI of liability coverage with Insurance Company of the State of Pennsylvania for $4.5 million coverage $rith retention of $500,000 at a cost of $242,400 and workers compensation coverage at a rate of 25 cents per $100 payroll for $5 million coverage above our retention of $250,000. K. WARRANTS AND PAYROLL Finance Director recommended approval of warrants 4417 - 4798, duly audited, in the amount of $L,349,490.58 and Payroll Checks L5788 - 76524 for the month of June 1989 in the amount of $747,880. 56. f I ENCROACHMENT PERMIT FOR PLANTERS AT 1375 BURLINGAME AVENUE Public works memo of July 13 recommended council approve this application subject to conditions and noting that the planters in City HaI1 Lane are four feet in diameter are the Lane is twenty feet wide and is one-way, other alleys in the city are narrower or have two-h,ay traffic. C. Pub1ic works memo of July 11 recommended council approve the purchase and installation of a new Pilgrim Belt Filter Pressfor the waste water Treatment Plant in the amount $295,000. 389 m n Removed. DENIAL OF CLAIM: BESSIERE ET AL City Attorney' s memo recornmended denial of this claim for alleged damages of $45,000 which the claimant had to pay the person who bought his property for false representation. Councilwoman Barton moved approval of the consent Ca1endar. Seconded by Councilman Pagliaro, carried unanimously by voice vote. REMOVED CONSENT CALENDAR ITEM m. ENCROACHMENT PERMIT FOR FENCE AA 212 EAST LAIIE Public works memo of JuLy 11 recommended council approve this application subject to standard conditions. Council hadpreviously denied a request for fence at this site because the fence obstructed the fire standpipe. The applicants have modified the fence to clear the pipe and instalLed a new swinging gate, staff has no further objections. Councilman Pagliaro did not understand any reason for this fence to remain. other council members noted the applicants had made changesto accommodate city requirements, they would vote to approve. Director stated the Fire Department has approved the modifications. Councilman Pagliaro said he would not object if other council members found it acceptable. Councilwoman Barton moved to approve the encroachment permit. seconded by Councilman Mangini, carried unanimously by voice vote. NEW BUSINESS Schedule Hearings: Mayor Amstrup scheduled public appeal hearingsfor the August 7 meeting for (1) an addition at 1356 Vancouver, (2) a hillside permit for new home at 2990 Dolores, (3) an increase inoffice area at 1510 Ro11ins, (4) request to remove a tree at 109occidental, (5) a hillside permit for an addition at 1531 Alturas, and (6) set hearing for September 18 for an amendment to specialpermit for airport parking at 615-731, Airport. Music in Park: Councilwoman Barton commented on how much she and the public enjoyed the July music in the park provided by the Recreation Department and suggested that the city finance more music programs next year into August. ACKNOWLEDGMENTS Commission Minutes: Library Board, June 20; Planning, June 26 and July 10; Park and Recreation, June 22i arj.d civil service, June 13 , l-9 89 . Department Reports: Fire Department Report, June 1989. Councilwoman Barton noted the city has some avid bicyclists and they should be notified of this committee opening. d. tetter from Daly city requesting opposition to SB 1082. Mayor Amstrup said he had received a call from Senator Koppexplaining that Daly City has a unique position from which it opposes this bi11. Council determined that since the bill had noeffect on its city it would take no stand. Letter from cAUcUS regarding cable television legislation. Letter from cornmittee on water Policy Consensus donation for membership in CWPC. reques ting a b e f S. Letters regarding naming of the new freeway bridge. Letter from RPC requesting appointment to Bikeways Corunittee. 390 Mayor Amstrup noted that council would be discussing this issue at the wednesday night Study Meeting. h. tetter from Greg Scopazzi regarding jet skiing in Sanchez Lagoon. i. Letter regarding "National Night out" crime prevention program. Council of Mayors Legislative Committee: Mayor Amstrup had attended the legisLative meeting and suggested that the council have a representative present at these meetings. Mayor Amstrup asked for a moment of sil-ence and then adjourned the meeting in memory of Richard Earrell, a workman at the site of the ne$, freeway bridge, who was tragically killed in an accident today. The meeting was adjourned at 10:26 p.m. Judith A. Malfatti city clerk FROM THE FLOOR There $/ere no colunents from the fIoor. ADJOURNMENT IN MEMORY OF RICHARD FARRELL