HomeMy WebLinkAboutMin - CC - 1988.09.06252
BURLINGAME,
September
CALIFORNIA
6, 1988
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
meeting was caIled to order at 7:33 p.m. by Mayor Frank J. Pagliaro,
Jr.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by San Mateo Council Member PauI Gumbinger from the audience.
ROLL CALL
COUNC]LMEMBERS PRESENT: AMSTRUPI BARTON, LEMBI , MANGINI , PAGLIARO
COUNCILMEMBERS ABSENT: NONE
MINUTES
Minutes of the ReguLar Meeting of August 15, 1988 vrere approved.
APPEAL HEARING CONTINUED - VARIANCE FOR S]DE YARD FOR SECOND STORY
ADDITION AT 2O].? EASTON DRIVE
Mayor Pagliaro changed the order of the agenda in order to continuethis appeal at the request of the appellant. The applicant's
attorney, David Carr, requested the continuance be to the meeting of
October 3 rather than September 1,9 because the applicant \"rou]d not
be available for the next meeting. Council- concurred.
URGENCY ]NTERIM ORDINANCE 7372 - ESTABLISHING DECTINING HEIGHT
ENVELOPE FOR R-1 AND R-2 ZONES - CONTINUED HEARING
Mayor Pagliaro noted. this was a continuance of the public hearing on
Ordinance 1368. He observed that council has several alternatives
open to it; it can consider adopting an interim urgency ordinance to
provide temporary limits on second story additions; adopt the
proposed ordinance with the three amendments which were suggested at
the Iast meeting, this would be effective in 30 days; deny the
ordinance; or take no action.
Councilwoman Barton noted that comments from the public at the last
meeting were very helpful to council, she asked that Peop1e not
repeat themselves at this hearing,
Mayor Pagliaro said council had received a number of Letters which
had been analyzed by staff and the ad hoc comnittee. The proposed
ordinance includes the three items of concern di-scussed at the last
meeting regarding sloping lots, dormer windows and homes built with
more than three feet above grade.
Council-man Lembi was concerned that homes built 4 to 5 feet above
grade were adequately provided for in the ordinance. city Planner
reviewed the provisions which address homes with finished floors
above grade and noted it is not possible in an ordinance to provide
for the most extreme circumstance, this is where variances would be
considered.
Mayor Pagliaro opened the public hearing.
Speakers were Charles Voltz, 725 Vernoni Deborah Schrieber, 215
Bloomfield; William caplan, 1514 Granada; Richard Ames, 217 Stanley;
John Morgan, 2720 Martinez; Terry Fibish, 2339 Adel-ine; Dorothy
Cusick, l-716 Ralston; Jerry Deal, 1228 Palomai Shelly Caplan, 1514
Granadai Eric Hanson, 431 Bloomfield; Ken Castle, 1411 Drake;
William Ritter, 519 Franciscoi Margaret Shea, 1269 Cortez; and
Maureen Byrne, 1315 Bernal. The co[unents received included concern
about requirements that horizontal extensions of existing first
floor wal1s meet setback requirements; issue was not cause for
253
urgency ordinancei technical coflunents; should consider height,
density and size compared to rest of neighborhood; should consider
each addj-tion case by case; ordinance only considers the Tudorstyle, discriminates against smalI lots; consider Redwood City'sl/3--2/3 law which allows additions over first floor setback for 1/3of the side of a building; several complaints and slides of an
addition on Arguello which blocked views; need to consider view lots
as well as "flat land't lots; ordinance might preclude young people
from coming to city because they could not add to smaller homes
which are all they can afford; need grandfather clause for existing
additions; need to notify neighbors of any additions; ordinance does
nothing to reduce the bulk of an addition; several people supported
having an architectural review board; this ordinance does not
include R-3 additionsi one person had an addition next door which
was supposed to be family room addition, but is now a rental unit.
Mayor Pagliaro closed the public hearing.
City Attorney reviewed the aLternative action available; an urgency
ordinance would be effective for 45 days unless council held anotherpublic hearing to extend it to a maximum of one year.
Councilwoman Barton noted something must be done immediately tocontrol additions and supported the need for an urgency ordinance.
During the interim, council and the ad hoc committee could study the
issue further. She moved to adopt URGENCY INTERIM oRDINANCE 1"372.
The motion was seconded by Councilman Mangini.
Councilman Lembi said he would support the Urgency Ordinance with
the understanding that it could come back to council for furtherconsideration. He noted he would Iike to see an architect on the ad
hoc committee and suggested Mike Nilmeyer, an architect who spoke at
the last meeting, be appointed. Mr. Nilmeyer said he would bewilling to serve on the corunittee.
Council discussed the membership of the corunittee, which included arealtor, Frank Contii a contractor/bui lder, Joe Harvey; and a
designer, Jerry Deal . council- was agreeable to adding an architect.
Mayor Pagliaro asked the public to send letters with any further
conunents regarding this ordinance. Council then agreed to review
the concerns of the ad hoc committee with them at the study meetj.ng
on September 21. The Mayor remarked this study meeting is a public
meeting, but not a public hearing. Comnents from the public would
be accepted when the next public hearing is held.
The motion to adopt the Urgency ordinance carried unanimously on aroll caII vote. Mayor Pagliaro noted this ordinance is effective
immediately.
Mayor Pagliaro decLared a recess at 9:07 p.m. The meeting
reconvened with aII council members present at 9:27 p.m.
DENIAL OF VARIANCE TO REAR SETBACK TO BUILD DECK AT 433 OCCIDENTAL
City Planner reviewed her memo of August 30 in which she recommended
council hold a public heari.ng and take action. The applicants,
Donald and Pamela Asplund, are requesting a variance for a five footrear yard setback where l-5 feet is required to build a deck at therear of their house. A creek runs through the rear of their lot and
the house is located at the edge of the top of the bank about 15feet from the rear property 1ine. They wish to build a deck offtheir dining room which would extend 10 feet over the creek tovrardthe rear property line. The Planning Commission voted to deny the
variance without prejudice at its meeting of JuIy 11. They thoughta smaller deck could be designed with screening at the property line
and they wished no footings be located in the creek.
Mayor Pagliaro opened the public hearing.
The applicants both spoke in favor, noting that the 10in shape, being triangular and they have no usable rea
noted that they did not intend to have footings of deccity Planner stated that the only plan considered by t
t isryakin
heP
unusualrd. They
creek.
lanning
Commission was with footings in creek area, and that council should
consider that plan only. Council could add condition that the deck
by cantilevered on1y. A resident of 1615 Chapin spoke in favor.
PauI Schumann, 1525 Bel-Ievue in Hillsborough, spoke in opposition.His Iot is at the rear of this property and would be impacted bythis deck bej-ng so close to his yard. He noted he had just recently
received the material that the applicant had sent to council and
apologized that he coul-d not submit written comments to councj-I. He
then reviewed Asplundts letter and responded to certaj-n points. He
thought the Asplunds could use the pie shaped area for yard. He
urged denial.
Mayor Pagliaro closed the public hearing.
Council members were very concerned about building into the creek,
knew of previous flooding at this site and would not vrant toobstruct the creek in any way. Discussed cantilevered deck versus
footings in creek bed.
Council-woman Barton moved to uphold the Planning Commissionts denial
without prejudice, noting that a smaller deck could be designed andthe creek would not be obstructed if the deck were cantilevered.
Seconded by councilman Mangini, carried 4-1 on roII call vote, Mayor
Pagliaro voting no.
SECOND READING - ADOPTION OF ORDINANCE 1370 - ESTABLISHING WASTE
WAEER COTLECTION RATES AIiID CHARGES
Director of Public Works reviewed his memo of September 1 in which
he recommended council hold public hearing and adopt this ordinance
establishing the sewer rates for 88-89 fiscal year, beginning with
meter readings on or after October 1, 1988. EPA requirements arethat fees support the sewer operations. The rates are proposed to
increase 23.6 percent for single family homes; commercial andindustrial would be increased 8.2 and 13.7 percent respectively. A
eomparison with other cities shows Burlingame to have the lowestresidential rate.
Mayor Pagliaro opened the public hearing. There being no comments,
the hearing was closed.
Councilman Mangini moved adoption of oRDINANCE L370. Seconded by
Councilman Amstrup, carried unanimously by voice vote.
SECOND READING - ADOPTION OF ORDfNANCE 1371 - ESTABLISHING TWO HOUR
PARKING ON LORTON AND HOWARD
-f
Public Works Director reviewed the memo
recommended council hold public hearingthis ordinance establishing several twoof one hour meters at Howard and LortonTraffic, Safety and Parking Commission.
mechanisms of the meters would be about
the Parking Fund.
of August 8 which
and take action to adopt
hour parking meters in place
as recommended by the
The cost of replacing the
$600 and would be charged to
Mayor Pagliaro opened the public hearing. There being no corunents,
the hearing was closed.
Mayor Pagliaro said he could not support this change when there are
Iong term parking lots so close to this corner.
Councilman Mangini moved to adopt ORDINANCE 13?1. Seconded by
Councilman funstrup, carried 4-1 by voice vote, Mayor Pagliaro voting
no.
254
Mayor Pagliaro had visited the site and agreed that the Asplunds
need deck, he had no problem approving this with condition that the
deck be supported by cantilevers.
Council discussed with Public Works Director the method of computingcostsi impact of drought and rationing on sewer chargesi
Burlingamers use of summer and winter ratesi commercial andindustrial rates.
255
DENIAT OF PARCEL MAP FOR SUBDIVfSION OF LOT AT 1801 CARMELITA
Director of Public Works reviewed the memo of August 31 which
cur with the Planning Commission and approve
and finarecommended councilthis map as a tentat
n
s
Burrows, is proposin
lots: Lot A is propo
5,108 sf. The exi.st
would be built on Lo
parcel map. The applicant, Loishis 13,761 square foot lot into two
53 sf and Lot B is proposed to be
con
ivegt
sed
ingtB
o dividetobe8
house o. Sanch
1t
6
The applicant plans improvement
cleaning and slope protection, the applicantts enginee
Lot A would remain an
Creek runs through tto the creek to inclu
d a new house
hese Iots.
de general
r indicated
that the work would improve the flow through the creek. The
proposed house floor vroul"d be eight feet above the 100 year flood
elevation. Many Ietters and petitions have been received from
neighbors in opposition to this lot division.
Mayor Pagliaro asked for comments from the applicant.
tois Burro\^rs, applicant, showed visuals of the site and responded to
the petitions and letters. She stated she could demolish the house
and divide the lot into two equal sized lots and build new larger
homes, but prefers to keep the charming oId house. She revie$red
code requirements for lots and noted all requirements are met. Her
engineer, Charles Kavanaugh, spoke in favor and stated that planned
improvements to the creek wouLd improve flow.
carol Boes, attorney for Burrows, spoke in favor' She said approval
of this lot division woul-d be fair and equitable; that the 1ot split
meets all city code requirements.
several neighbors spoke in opposition, noting the smal1 Iot is not
compatible with the neighborhood, and there has been severe flooding
and ponding at this site; 97 percent of Easton lots are largeri not
compatible with creekside lots.
Sa1ly Peters spoke in favor, supported restoring the old house.
Mayor Pagliaro closed the floor to comments.
Councilwoman Barton expressed great concern about these creeksidelots and wondered if council could see that creek area not be
included in square footage of Iot size. city Attorney agreed
council could change future requirements for creekside subdivisions.
Barton felt that Lot l.-B was not compatible or in character with the
neighborhood due to its small size. Councilman Amstrup agreed.
Councilman Lembi complimented Burrows on her thorough presentation,
but noted he also had problems with this subdivision, the Iot 1-B
does not belong in this neighborhood, it just does not fit in, and
he could not support it. Councilman Mangini and Mayor Pagliaro also
agreed, complimenting Burrows on the restoration of the house at
18 01 carmelita.
TENTATIVE AND FINAL PARCEL MAP FOR RESUBDIVISION AT 740-750 WALNUT
Director of Public Works reviewed the memo of August 30 which
recommended council concur with the Planning Comnission and approvethis map. The applicant is proposing to create three lots from tlvoIots by taking a small portion of the Iot at the rear of 750 Walnut,
adding it to 740 walnut, and then dividing 740 into two 1ots. Lot
sizes would be 10,387 sf for parcel 9-A, 12,638 sf for parcel 9-B
(740 walnut) and 15,734 sf for parcel 10-A (750 walnut). The
existing house and garage on parcels 9-A and 9-B would be removed.
The Planning comnission reconunended eight conditions for approval,including an agreement with the Town of Hillsborough for adding a
new connection to its sewer system, and if that approval cannot begranted the applicant must televise and repair the Burlingame sevrer
main from 740 Walnut to Floribunda.
Councilman Amstrup moved to deny the parcel map. Seconded by
Councilwoman Barton, motion carried unanimously by ro11 call vote.
Mayor Pagliaro declared a recess at 11:31 p.m. The meeting
reconvened vrith all council members present at 11:35 p.m.
256
A representative of the applicant requested approval and responded
to questions from council, he stated the applicant did not intend to
remove all the trees and was agreeable to the conditions of
approval.
Several neighbors spoke in opposition; presenting petitions
by neighbors in opposition, feared floodi-ng from the creeki
want to lose all the trees on that lot; increase in trafficparking; feared building of very large houses. A san Bruno
also spoke.
Councilman Lembi asked who the property owner r^ras, staff replied
BMI . Lembi wondered if this was the same developer that built three
large houses at the corner of Cabrillo and Broadway, someone in the
audience replied yes.
Council members found that these large lots are compatible with the
area; the issue of building near creeks was a concern and council
agreed that this should be studied in the future, as far as the sizeof the houses, council can control that vrith the side setback
ordinance recently passed and the declining height envelope which
was passed tonight.
Councilman Mangini moved to approve this Tentative and Final Parcel
Map subject to conditions in staff report. Seconded by Council\roman
Barton, carried unanimously by ro11 call vote.
COMMf SSION TERM EXPIRATIONS
Mayor Pagliaro reviewed the City Manager's memo of August 1? which
noted four commissioner terms would expire on october 7; twopositions on Park and Recreation and two on Beautification' He
suggested council establish September 26 as deadline for
applications and noted that a Civil Service Commissioner, Herb
Tanner, has asked to be considered for a Beautification position.
Council concurred on the deadline date.
a. RESOLUTION 89-88 - ESTABLISHING WATER CONSERVATION POLICY
Public vlorks memo of August 23 recommended council approve this
water Conservation Po1icy and Guidelines. we now require that
developers install 1ow water use and drought resistant
tandscaping. San Francisco water Department is calling on all
its wholesale customers to develop water conservationguidellnes, their suggested guidelines have been reviewed and
developed by our Park, Planning and Public works department to
fit our needs. councilman Lembi clarified that these
guidelines do not apply to single family homes.
LETTER AMENDMENT TO AGREEMENT WITH C/REM FOR PENINSULA WATER
MAIN DESIGN - CP 513
Public Works memo of August 30 recommended council approve
these additional fees to C/REM in the amount of $10,085.36 for
extra design efforts made for the first phase of this project.
c. RESOLUTION 90-88 - AGREEMENT WfTH OWNERS OF 933 PALOMA FOR
SEWER EASEMENT AND GARAGE ACCESS
RESOLUTION 91-88 - AGREEMENT WITH BFI
RECYCLING PROGRAM
EOR WEEKLY CURBS]DE
Finance Director's memo of August 25 recommended council
approve this agreement to implement the weekly recycling
program which will start in early 1989.
b
d
s igneddid not
and
res ident
CONSENT CALENDAR
Public Works memo of August 30 recommended that council approve
an agreement with the owners of 933 Paloma for a sewer easement
and a ticense to the owners to continue maintaining an existing
garage and vehicular access over the city storm drainage
culvert .
C. SPECIAL ENCROACiIMENT PEP.MIT FOR FENCE AT 846 PALOMA
Public Works memo of August 25 recornmended council approve an
encroachment permit for a 36 inch high picket fence adjacent to
the sidewal-k with the standard conditions of removal from thecity right of way.
f SETTLEMENT AUTHORITY FOR CLAIM OF CHERYL LEE KELLER
City Attorney's memo of August 24 recommended council
approve settlement of $7,811 for this claim and lawsuit for
an accident on Airport Boulevard in 1985 lvhere a city
employee rear ended a car in which Kel1er was a passenger.
S. DENIAL OF CLAIMS: (1) HSIEN T. KING; (2) LEE THOMPSON; (3)
RICHARD,RONALD AND FREDERICK TAN; (4) MARELICH MECHANICAL
City Attorney's memos recommended denial of these claims for(L) sewer lateral repair; (2) auto damage by police car; (3)
injuries suffered at the hands of police; (4) damage due to
not awarding this company the contract for CP 502.
Councilwoman Barton moved approval of the consent Calendar.
Seconded by councilman Mangini, carried unanimously by voice
vote .
Mayor Pagfiaro stated that both he and Councilman Mangini had
been approached during a recess tonight to inquire if a home
owner could also be appointed to the ad hoc coNnittee studying
the declining height issue. After brief discussion, council
determined to make no more additions to this comnittee.
NEW BUSINESS
Mayor PagLiaro scheduled a public hearing for September 19 for an
appeal of variance at 468 Bloomfield Road.
ACKNOWLEDGMENTS
commission Minutes: Beautification, August 4; and Planning,
August 22, 7988.
b. Letter from Lula ossipoff regarding denial of her cl-aim,
Council determined to take no action on this request for recon-sideration of the denial.
Letter from Bay Area Water Users regarding water
conservation ,
Po1ice Report, July 1988.
Letter from San Mateo county Labor Council requesting
support of cal oSHA.
f. Treasurerrs Report, July 31, 1988.
FROM THE FLOOR
Director of Public Works responded to Council-woman Bartonrs
inquiry about a business being closed because the water was
turned off aII day. He reviewed that the city is in the process
of installing new water meters and the water must be turned offduring installation which generally takes an hour or so.
Businesses are told the day of the shut down in advance, then the
exact time is told to them during the day. The water is not off
a
,I
e
257
OLD BUSINESS
Councilman Amstrup noted another encroachment permit for a picket
fence on tonight's agenda, He requested that the issue ofliabilj.ty for these fences on city property be studied in thefuture. Mayor Pagliaro set for the october Study Meeting.
258
all day. The contractor works as quickly as he can to restorethe service.
CLOSED SESSION
Council adjourned to a Closed Session regarding labornegotiations at 12:23 p.m.
ADJOURNI4ENT
The meeting was regularly adjourned at 12:28 p.m.
Judith A. Ma1faCity C1erk
]-