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HomeMy WebLinkAboutMin - CC - 1988.09.19259 RIJRLTNGAME , September CSLlFORNfA 19, 1988 A duly noticed regular meeting of the Burlingame city Council was held on the above date in the city Hall- Council chambers. The meeting was calIed to order at ?:33 p.m. by Mayor Frank J. Pagliaro, Jr. PLEDGE OF ALLEGIATiICE TO THE FLAG Led by a student from the audience. ROLL CALL COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT : MINUTES AMSTRUP, BARTON, LEMBI , MANGINI , PAGLIARO NONE Minutes of the Regular Meeting of September 6, 1988 were approved. APPEAL OF TWO VARIANCES AND FENCE EXCEPTION FOR DECK, HOT TUB AND FENCE AT 458 BLOOMFIELD ROAD City Planner reviewed her memo of September 12 in which she recommended council hold public hearing and take action. Michael- Sharp, applicant, is requesting two variances for side setback (0 feet proposed, 4 feet required) and clearance around a spa (3 feet, 3 inches proposed, 4 feet required) and a fence exception (8 feet, 2 inches proposed by the applican were built and added lattice t hot tub, raisin ,5ta insoagt feet allowed) for a deck, hot tub and fence builtt his home at 468 Bloomfield Road. The structurestalled without a building permit. The applicantportion of the fence adjacent to the new deck and he existing fence to an 8 foot, 2 inch height. A portion of the same fence already had fiberglass panels on it achieving the same 8 foot, 2 inch height; this portion of the fence appears to be at least 20 years oId. The Planning Commission votedto deny the request at its meeting of August 22. They could find no exceptional circumstances relating to the property to justify the requests for variances and exceptions. Mayor Pagl-iaro opened the public hearing. Michael Sharp, applicant, stated his neighbors support the project; a petition and tetter in support were received that day by council; he noted he placed the spa at the same side setback as the garage on the other side of the lot which he assumed would be correcti he waswillins to modify the fence. Councilman Manginl inquired if Sharp did the construction and if he was a contractor. Sharp responded that he did the construction andthat buitding is a hobby. Sharp noted he had hired an architect toaid in the city review process. Architect Chandler spoke in favor, noting that Sharp had done an excellent job on the construction and did not realize that he neededpermits. His neighbors support the project. The spa could not bebuilt in the back of yard because a two story apartment house viewsthat area. It is needed for Sharp's en j oyrnent of his property andis not detrimental to the areai it adds to the property values; itis not noisy and there have been no complaints from neighbors. council-man Mangini stated that since Sharp must bring this project up to code, he saw no reason to grant variances. Councilman Lembi said Sharp had done a nice job on this project andif it is brought up to code he vrould support the project. rJ}.LL TO ORDER Councilman Amstrup reported that one of his neighbors had planned a similar project and found that it did not meet city code, so now his neighbor is redesigning the entire project. His neighbor is complying with city l-aws and Sharp should also be required to comply with the law. councj-Lwoman Barton stated that the project must be seen to understand \4rhy Sharp built the way he did. He followed the previous fence height. If he put the spa in back of yard the apartment house would be looking down at it. She agreed that he should get building permits and pay fines; however, if thj-s project does no harm to neighbors she could support approval. she moved to approve theproject with the conditions of staff report. Seconded by Councilman Lembi. Council reviewed with staff that Sharp would be required to meet all conditions required by building department. The motion failed on ro11 call vote, Councilmen Amstrup and Mangini and Mayor Pagliaro voting no. Mayor Pagliaro noted that he could not support the need for a fence exception. Councilman Lembi then moved to approve the project with the conditions of staff report and reasons stated \"rith the additional condition that the lattice work and fiberglass panels be removed from the fence. Councilwoman Barton seconded the motion, but noted that she felt the panels and lattice were needed for privacy. The motion carried 3-2 on ro11 call vote, Councilmen Amstrup and Mangini voting no. SYCAMORE TREE PRI'NING RECOMMENDATION BY PARK DEPARTMENT Park Director reviewed his memo of September 1 which recommended council approve a test area for an alternate pruning method to be used for sycamore trees. The test area would be bounded by oak Grove, Morre11, carolan and Rollins Road. Mayor Pagliaro reviewed for the audience that PG&E trj-ms these trees severely to a height of 25 feet under the power lines, but the city trims the other side of the same street to a height of 40 feet, makinq for a very uneven 1ook. Council has been studying this issue for some time. Councilwoman Barton was pleased that the test area is the area where she lives; Mayor Pagliaro noted it was not the area in which he Iives. Councilman Mangini moved approval of this recommendation. by Councilman Lembi, carried unanimously by voice vote. Seconded SPECIAL ENCROACHMENT PERM IT AMENDMENT EOR FENCE AT 1862 HUNT DRIVE City Engineer reviewed his memo of September 14 which recommended council approve this request. Council approved an encroachment permit for this property at its meeting of August 15. The property o$rners are now requesting to make modifications. They would like to add steel fencing on top of the brick wall which council approved. since this addition does not limit visibility, staff does not object. The section fronting on Hunt would exceed fence height limit of five feet and is recommended to be reduced. Council discussed with staff that the pilasters look as if they were designed to have something pJ-aced on topi plans show two dlfferent tops on the pilasters. The son of the property owners asked for approvat and told council that nothing would be placed on top of the pilasters. The drawings were in error and he explained that there lre now three leveIs on top of the pilaster, not t\do. He also requested that council aI1ow the fence on Hunt, where the metal bars come to a crest, to slightly exceed the fence height allowed. The reason they are requesting the steel fencing is that people can now walk over the lov,r brick wa1ls. Council inquired about spacing between bars; City Engineer said it is usual-Iy 6 to 9 inches. 260 26L Councilman Mangini moved approval of this amendment to the Special Encroachment Permit. Seconded by Councilman Lembi, carried rrnanimously by voice vote. CANCELLATION OF SPECIAL MEETING, SCHEDULE PUBLIC HEARING ON EXTENSTON OF URGENCY INTERIM ORDINANCE 1372 FOR OCTOBER 3 Mayor Pagtiaro reviewed that council had adopted on September 6 an Urgency ordinance to regulate second story additions. This ordinance will expire in 45 days. He had called for a special meetinq to be held on September 26 to extend this ordinance because one council member would be absent during October when it would normally be heard. An urgency ordinance must receive a 4/5 vote topass. AlI council members were agreeable to extending the ordinance for a longer period until a fuII council could review any proposed changes. Mayor Pagliaro then canceled the special meeting scheduled for September 26 and set a public hearing on extending the urgencY ordinance for the regular meeting of october 3, 1988. Council discussed with staff the fact that applications for second story additions must now compJ.y with the Urgency Ordinance requirements or request a variance. CONSENT CALENDAR a. RESOLUTION 92-88 . RECORDS RETENTION SCHEDULE - CITY CLERK Cj-ty clerk's memo of September L4 recommended council approve a retention schedule for destruction of obsolete records in the city clerkts office. Councilman Amstrup expressed concern that records of historical importance be kept. b. RESOTUTIONS 93-88 AND 94-88 . REVISING CITY CONTRIBUTION FOR HEALTH CARE FOR EMPLOYEE GROUPS Admj.nistrative Assistant's memo of September 12 recommended council adopt these resolutj.ons increasing the city contributions for health insurance costs in accordance with recent contract settlements. c. AGREEMENT WITH BURLINGAI/IE ASSOCIATION OF MIDDLE MANAGERS City Manager's memo of September 12 recommended council approvethis settlement with BAMM which represents 17 middle managementpositions from various departments. The agreement is in accordance with prior council authorization and includes 5 percent salary adjustments for l-988 and 1989. d. FINAL CONDOMINIT'M MAP FOR FIVE UNITS AT 1],05 EL CAMINO REAL city Engineerrs memo of September 14 recommended council concur with the Planning Commission and approve this final map. Councilman Mangini moved approval of the Consent Ca1endar. Seconded by Councilman Lembi, carried unanimously by voice vote. OLD BUSINESS Councilman Amstrup requested that council write a letter of thanksto the Airport Commission for opposing the FAA and Burlington Express request to use the noisy aircraft at SFo. He noted theairport is subject to extensive fines for refusing this aircraft. He moved to write such a letter. Seconded by Councilwoman Barton,carried unanimously by voice vote. NEW BUSINESS Mayor Pagliaro scheduled public hearings for october 3 for an appealof a sign variance at 1649 Adrian Road and for two variances for a second story addition at 1.365 DeSoto. He also call-ed up for council review the car rentaL agency at 820 Ma1colm Road. ACKNOWLEDGMENTS a FROM b d e f s h i ) Commission Minutes: Beautification, September 1; Traffic, Safety and Parking, August 11 and September 8; Civil Service, August 9; Library Board, August 17; and Planning, September 12, 1988. Letter from Francis To1di, 701 Walnut, regarding the subdivision on Walnut and devel-opment of creekside 1ots. Letter from Assembllrnan Johnston asking support of Proposition 88 for greater interest rates for government investments. Po1ice Report, August 1988. Treasurer's Report, August 31-, 1988. Building Report, August 1988. Proclamations: Voter Registration Day; American Business womenrs Day. water Conservation report from city Manager. Liability for fences on city right-of-ways, City Attorney. Letter from Frederica Aylor, 937 Larkspur, objecting to paying for the new BFf recycling program. THE FLOOR Hsien King, who had a claim recently denied by council, requestedthat council reconsider the denial. He reviewed thapaid for previous sewer overflows and had cleared th damage done by street trees. During this period he once to clear the line when it was determined to hav by roots from a tree on his property. Eventually th ttes hadeb ec he city had ewer line foralso paid een blockedity removed the offending tree. He recently sold his house and must comply withthe sewer lateral testing requirements; his house failed to pass thetests and he must repair the sewer at a cost of over $2,000. HefeLt the city was liable for some of this damage since a city tree caused the problems with his sewer. Mayor Pagliaro reviewed requirements for claims against a city and the need for the sewer lateral testing program. Staff responded to council questions and city Attorney stated he would gather all material which is still available regarding this claim and report back at the next council meeting. He noted that some of this work was done 10 years ago and records may no longer be available. Councilman Amstrup noted another similar request for reconsiderationof a denial was brought to council recently regarding tree damage to a driveway. CLOSED SESSION Council adjourned to a Closed Session regarding labor negotiations and litigation at 8:41 p.m. Council authorized a $150,000 deposit with superior Court in the Burlingame vs Miles Bowling A11ey condemnation suit. Judith A. MalfattCity clerk 262 ADJOURNMENT The meeting was regularly adjourned at 9:40 p.m.