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HomeMy WebLinkAboutMin - CC - 1987.04.2037 A duly on the called noticed regular meeting of the Burlingame City Counci-1 was above date in the City Hal1 Council Chambers. The neeting to order at- 7232 p.n. by Mayor Gloria H. Barton. PLEDGE OF ALLEGIANCE TO THE FLAG Led by ROLL C Direct.or of Public Works, Ralph Kirkup. ALL BURTINGAME, CALIFORNIA April 20, 1987 AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO NONE were approved. SEWER CONNECTIONS AT held was COUNCILMEMBERS COUNCI LMEMBERS I"lINUTES PRESENT: ABSENT: Minutes of the Regular Meeting of April 6, L987 PUBLIC HEARING - CONTINUED HEARING ON IMPROPER 1628 QUESADA AND 2816 TROUSDALE DRIVE Director of Public Horks reviewed his nemo of April 16 in which he reconmended council hold public hearing and take action. At the last meeting, council held a public hearing and adopted RESOLUTI0N 33-87 ordering the abatement of improper sewer connections. The two residences above were continued because they had protesEed the action and requested retesting of their property. The reEesting has been completed and 28L6 Trousdale passed the test and should be renoved f rorn furLher consideration of abatemen! of improper seuer connections. The resldence at 1628 Quesada did not pass, so council should hear any protest from the property owner and then take action. Director reviewed the procedure leading to these hearings in response to Councilnan Pagliaro. In 1983 city had sewers tested for leaks; city proceeded to repair city sewers but found that Sewer Treatment Plant was still overloading during rainy weather; therefore, after council consideratlon, staff proceeded to prepare Iegislati-on to require residents to repair their leaking sewers. City did not begin to notify property owners until January 1986 of the sewer problems. In response to Councilman Mangini, Director noted city was not aware until late in 1983 which properties might have faulty sewers. Mr. Hecteman bought hi-s property in July 1983. Mayor Barton opened the public hearj.ng. Roy Hecteman, 1628 Quesada, again noted his displeasure with the slow process; that he nay have been able to get partial paynent through former properEy owner or through insurance if he had known abouL Ehis krhen city became aware of it; he will have Eo tear up his driveway and walkway to do these repairs, it wilL he very expensive. Mayor Barton and council sympathized with Hecteman, is was a lengthy process, they could not see ho!,, they could reach any compromise uith Hectenan uj"lhout. being unfair to other property ouners rvho must also make these repairs. Director noted there are about 61 properties involved in having to rnake repairs, some have already done them; city could do Hectenan's repairs and then prorate costs over five years on his property tax bill; if cit y does repairs, it could cost more; he also noted that Hecteman might consider the lining process to repair the sewer, city has used this process and it is less expensive and stops the leaks but it does cause loss of half inch of inside dianeter of qewer. Director agreed to meet with Hecteman to discuss this Process. Councilman Amst.rup mentioned that the city is under a ttclean up and abatenentrr order from the Water Quality Control Board; city has repaired its sewers and uow the honeowners nust also repair thelrs. CALL TO ORDER 3B Hecteman was concerned that he would have to do repairs in Director noLed after council orders abatement, staff would notify all the property owners by letter that they have 30 correct, this process could take up to 60 days. Mayor Barton closed the public hearing. 30 da have days Councilman Mangini Quesada. Seconded voice vote. moved to order abatement of improper sewers by Councilman Amstrup, carried unanimously 5 at PUBLIC HEARING PARKING IN FRONT SECOND READING AND SIDE YARDS ORDINANCE 1341 RESTRICTING City Planner reviewed her memo of April 13 in which she recommend council hold public hearing and take action. This ordinance con several amendments to the zoning code to prohibit the parking of vehicles in the front and side yards in all residential areas; it defines driveway and vehicle, limits the width of a driveway to t widLh of the garage or parking area, and requires that a vehicle park beLween a structure and Lhe front or side property line exce a driveway, garage or other approved parking area. Council had some concerns about Easton r*here people park in the unpaved areas between the large eucalyptus trees. The city right way is 80 feet wide but the paved street is only 21 feet wide r so cannot park on the street. If people park in the unpaved area, t are parking on sidewalk area, although it is not the paved sidewa city policy is not to cite them for parking in this sidewalk area this proposed ordinance rril1 cause no additional parking violatio si.nce the sidewalk area is noL the front or side yard of their 1o Councilman Lembi noted the ordinance refers to parking areas and asked City Planner to define a parking area; City Planner respond that in addition. to garages, some lots have carports, and multipl units may have covered and uncovered parking areas. Lembi noted homes have paved the area next to garage; City Planner noted that is considered the side yard and its use would be nonconforming. was concerned thaL there are many corner lots which use part of t side yards for parking. There was discussion of the dollar amountrmajor repairstt under which a property with nonconforming parking would have to remove or relocate their parking areas. It was not that under the zoning code a property owner may apply fqr a varia Mayor Barton opened the public hearing. Carlus Blevins, 3056 Rivera, was concerned about the effect this ordinance would have on parking of recreational vehicles, he note city has parking problem and this could compound the problem; Lhi issue was before council several years ago and was dropped. Mayor Barton said the ordinance was not speci-fical1y vehicles but in response to complaints from citizens parking on front lawns. for recreati about cars Blevins noted recreation is needed and a healthy activity; many p with these vehicles park Lhem in front and side yards; perhaps a survey should be done before this ordinance is adopted to see how people it would affect. There being no other comments, the hearing was closed. Council discussed the reason this ordinance was developed. Counc Lembi noted he had complained about commercial vehicles parking i front yards, perhaps this ordinance goes too fari he was concerne about apartment buildings and homes along E1 Camino which might b adversely affected, would they be grandfathered; might be a hards to have to provide more parking with renovations. Councilman Pag said this ordinance was developed because of complalnts about par on front lawns and it should help solve this problem. Mayor Bart said it was noL intended to do away with recreational parking and those vehicles present no problem to the neighborhood there will violations, Btry parking nonconformance can always come before Pla Commission for a variance. nal ople many lman S S e d L628 by e ot tin of they ey k; and ome a rea embi eir of ip iaro ing n if eno ning d ins d ce. 39 Councilman Councilman Pagliaro Amstrup, noved adoption of 0RDINANCE 1341. Seconded by carried unanimously 5-0 by rolI call vote. PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR ROOFTOP 1440 CHAPIN AVENUE - RESOLUTION 37-87 APPROVING SAME DISH ANTENNA AT City Planner reviewed her memo of April 9 in which she recomnended council hold public hearing and take action. The applicants have submitted a revised application for a six foot diameter satellite dish antenna to be placed on the roof of a new office building at I44O Chapin. The revised plan followed councilrs March 2 denial without prejudice of the applicantrs previous proposal. The present proposaL is for a dish antenna mounted 10 feet above the roof completely enclosed by the mechanical enclosure on the roof. The top of the antenna would noE extend above the enclosure and would not be visible from the stree! or adjacent properties. A letter from the proposed tenant, Prudential-Bache, stated they would be a tenant on condition of receiving a permiL to install the antenna, the antenna is needed for the data communications aspect of the business. The Planning Commission approved the special permit by 6-0 vote at its March 23 meeting. Councilman Mangini cornmented on the accessibility of equipment in the mechanical penthouse; City Planner responded staff felt it acceptable. Mayor Barton opened the public hearing. David Harrison, representing Patson Development, noted the antenna would only be visible from a helicoptert that city had received a letter from Mr. Fortini objecting to the proposed anLenna and that Harrison had met with Fortini and resolved any problems; Mr. Fortini has sent a subsequent letter approving of the project. Councilman Pagliaro asked Harrison if he understood that would be required to be removed if Prudential-Bache left Harrison said he understood that condition. the the antenna building. Mayor Barton complimented Ehe applicants, she felt they had doqe a terrific job and met aI1 city requirements. She did not understand why the antenna was conditioned to the one tenant. Councilman Pagliaro stated he did not want use this antenna if the present tenant left parking problems. Staff noted a change in notification to cit.y, but classes would be a special permi t. them bringing as this could tenants woul da conditional in classes Lo increasenot require use and needs An agent for Grubb & E11is representing t.he tenant spoke noting hi^s teoant was inpressed with the quality of the in f avor ,area. Mayor Barton closed the public hearing. Councilman Amstrup stated the developer nou has a tenant who needs the antenna; he thought antenna should be removed if tenant moved out. Councilman Mangini moved to sustain the Planning Commission approval. Seconded by Councilman Lembi. City C1erk began a ro11 cal-1 vote, then Mayor Barton noted she had not yet caIled for a vote. She comnented that she could not agree with condition number five to limit antenna to a particular tenant . After furLher discussion, City Attorney noted council could amend the motion. Council,man Lembi moved to del-ete condition number f i.ve limiting antenna to Prudential-Bache use. Seconded by Councilman Mangini. Motion carried 3-2 ot ro11 call vote, Councilmen Amstrup and Pagliaro voting no. A roll call voLe on the original approval of a specJ"al permit, by anended by deletion of condition notion to sustain Planning Conmission adoption of RESOLUTION 37-87 as number five, carried unaninously. 40 PUBLIC HEARING REVIEW OF PLANNING COMMISSION DETERMINATION REG DING LIGHTING AT PUT AM MAZDA 3 CALIFORNIA DRIVE City Planner reviewed her memo of April 10 in which she recommen council hold public hearing and take action. In response to a tenantrs complaint to council, Joe Putnam, owner of 3 California Drive, has submitted his lighting plan for the car sales lot to Planning Commission. New high efficiency light fixtures which g more light. at lower wat.tages were placed on existing poles at an increased height and more lights were added to the wa1ls which substantially increased the light over previous lighting. The Planning Commission had discussed the lighting program wiLh appl who indicated lights on the top deck rrrere turned off at 9 p.m. d the wattage in the other lights were reduce 30 percent; they are reluctant to turn off the lights along California Drive until th sales room closes, generally beLween 10 and 11 p.m. They have o shields for the lights on the deck and will tilt the lighLs on California Drive so that they do not shj.ne into adjacent properE they will also insLall fence on the deck to increase privacy to apartments on adjacent properties. The Planning Commission dire the applicants to return in 30 days wiLh a plan for shading the lights, tilting the lights and providing a fence for privacyr atr tirning plan for all the lights, and Lhat during those 30 days th lights would be turned off at 9 p.m. on the deck and aL 11 p.m. California Drive. In response to Councilman Pagliaro, City Planner noted the 30 da period would be over about Lhe end of April. ed he ve cant i1v, dered es; ted a n pond pt ing Councilman Mangini noLed that although they to request for lighting plan, they are now Lo take care of their neighbor I s concerns. initially did not re doing so and are atte Mayor Barton opened the public hearing. George Avanessian, architect for project, reviewed that they are working with the neighbors to address all their complaints. Councilman Pagliaro disapproved of putting up lights before sub plans to city. Avanessian said they did not submit plans becaus put lights on same poles; after discussion with neighbors, he fo their concerns were not so much the lighting as the loss of priv He noted the lights are the same wattage as city street lights a street lights are closer to homes. He thought part of the probl that the lights were turned off two years ago when const,ruction started and resident,s grew used to being without lights, there w never complaints in prior years. Now the lights are back on and addition they trimmed some tree branches which shielded some of prior 1ight. They are cooperating with neighbors and the fence be installed within two weeks with aluminum slats for increased privacy. In response to Councilman Pagliaro, City Planner noted would need a fence permit. Lee Correy, the resident who complained originally, reviewed tha plans for pri-vacy fence are acceptable to the tenants, she did n the lights are higher than previous lights. A resident from San Mat.eo approved of the cooperative efforts. Mayor Barton closed the public. She was pleased to note that th applicants are working at solving the problem and no further act needed at this time. City Manager reviewed his memo of April 15 in which he asked dir from council. 0n April t he had met with Dr. Black, Superintend the School DisLrict, to discuss the School BoardIs desire to ado developer fees. Based on new state legislation, school boards m adopt fees ranging from $1.50 per square foot for new residentia development to 25 cents per square foot for commercial projects. fees can be collected directly by the school district or by agre with t.he city as part of the building permit process. If the ci does not collect the fee, we must obtain clearance from the scho tting they nd cy. d m was re in he il1 they the te on ]-s ct ion nt of L v The ment v 1 BURLINGAME ELEMENTARY SCHOOL DISTRICT DEVELOPER FEES district prior to issuing a building permit. He indicated that theci.ty would be willing to collect the fees for the school dj.strict as long as the administration is simple and the school district handles resolution of any disputes or lega1 action. He also noted that the fees may be controversial with the developnent comnunity. CounciLnan Amstrup mentioned that the city has Bayside Devel.opment fees which are less than these fees, the school fees could add $L05,000 to a building such as the Owen office building; he felt the city should handle colLection of these fees. Councilman l"langini said the legislation is for construction or maintenance of school buildings, he wondered what the district plans to do with the money. City Manager responded the district plans to use it for maintenance of existing buildings. Mayor Barton did not want the city to be responsible for collection of these fees; if we collect the fee builders ui11 think the city is responsible for setting the fee. 0ther counci-1 members agreed but noted if the city does not colLect the fee it would add del-ay and compJ-ication to the permit process. City Attorney noted his concern that the school district defend the city in court for any disputes. City Manager noted the school board has noE yet adopted this legislation but may do so early next month. The high school district may al.so want to join in the fee collection and in thaE case the fees would be split betl.reen the two school districts. Councilman Mangini wondered if a builder would start with the school district or the city; staff responded they would sti11 start with the city because they have to have plan approval first, city would just add the school district fees as an additional step in the building permit process. Staff will report back to councj,l on the school district action. Councilmen Amstrup noninated Mike E11is for the Planning Commission. CounciLnan Mangini nominated Chuck Schwalm. Councilman PagJ-iaro noved noninations be closed, seconded by Councilman Amstrup and carried unanimously. City Manager distributed individuaL ballots to The City Clerk read the ballots and Mike ElLis votes, Councilman Mangini voting for Schwaln. No representatives were present from eiLher Lhat they had been notified of the meeting. each was council member. elected with f our AMUSEMENT PERMITS CONTINUED City Attorney reviewed his memos of April- 9 in which he recomnended council take action on two requests for Anusement Permits from (1) Marriott and (2) Amfac Hotels. Councilman Pagliaro had concerns about the lack of parking at Marriott, he received complai-nts from businessin area where people park because they can't find parking at Marriott. He has heard complaints about the charge for valet parking at this hoteI, he felt they should either open the underground parking area orcity should put limits on valet parking. City had condiLioned the Embassy Suites to have free vaLet parking when they were granted an Amusement Permit, he would favor such a condition for Marriott. hotel. Staff conf irrned Mayor Barton continued the Amusement Permit requests to the next meeting in order to have the appLicants present. LETTER OF RESIGNATION FROM LIBRARY BOARD TRUSTEE SOMMER Councj-1 accepted the letter of resignation Lrith regret. City Manager noted Herb Sommer would not be moving from the city until June, TRAFFIC, SAFETY PARK ROAD PARKING COMMISSION RECOMMENDATION FOR ANGLE PARK]NG ON Director of recommended Public Works reviewed hi.s memo of April 13 council approve the recommendations of the in which he TSP Commi.ssion 4I PLANNING COMMISSION APPOINTMENT 42 to change 11 parallel parking spaces along west Park Road Lo 18 diagonal spaces with one hour meters; remove the mid block pedes crossing; and add two 24 minute meters on the east side of Park outside the Post Office and change the two existing 24 minute m to one hour meters. Businesses on that street were notified and complaint was received because that busi-ness was concerned about street being narrowed with diagonal parking and posslble double parking by delivery trucks. Councilman Mangini moved approval of the recommendation. Councilman Amstrup, and unanimously approved. Second IICOALITION TO SAVE OUR DELTA'I City Attorneyts memo of April 13 recommended council direct staf the request from the rrCoalitionfr for a letter of supporL for sta legislation aimed toward rehabilitation of the levees in the Sacramento Delta area. Council determined to drop t.he issue. TRAFFIC, SAFETY PARKING COMMISSION RECOMMENDATION FOR METERING G z0N S Director of Public Works reviewed his memo of April 15 in which recommended council approve the recommendation of the TSP Commis to instalL 24 minute meters aL sixteen existing Breen zone parki spaces in the business districLs. At the present time, Lhere ar total of 78 green zones with 45 of them metered. Director sugge that all unmetered green zones adjacent to metered parking areas should have 24 minute meters. Councilman Amstrup moved to approve this change for meters in gr zoles as recommended. Seconded by Councilman Mangini, carried unanimously by voice vote. CONSENT CALENDAR Councilman Anstrup requested discussion of item ttb. 0rdinance Regulating St,reet Number Painters, tt he thought Lhis would be ajob for youngsters and said workers he has seen are adults. Cit Attorney confirmed that the city has had complaints about the ma in which these number painters operate; they are very active in city at the present t.ime; if this ordinance is introduced tonigh adopted at the next meeting, it would not go into effect for ove month. Council agreed that it should be adopted as an Urgency 0rdinance in order to regulate these painters immediately. City Attorney will add urgency language to the ordinance so that it c adopted tonight.. a INTRODUCTION OF ORDINANCE L342 PROHIBITING CERTAIN TURNS PA I G City Attorney t s memo of April 2 recommended council adopt a ordinance to a1low the police to ticket people who make a L the business district in order to park on the opposite side the street. Police have always considered this a u-turn. District At.t.orney will not prosecute citations charging per with u-turns when parking in this manner because they are n making a complete u-turn. b. URGENCY ORDINANCE 1343 REGULATING STREET NUMB ER PAINTERS r l-an on EEN en ood NTO e dbv nbe ers one the e ion ot a ted ner he and a rn in of he ons t he that re City Attorneyrs memo of April 13 recommended council adopt this ordinance to control streeL number pai-nters and requj-r they receive written permission from the property owner bef Lhey proceed. RESOLUTION 38-87 - ACCEPTING COMPLETION RESURFACING JOB 248 C OF ROLLINS ROADc City Engineer I s memo of April completion of this project by Contractors, a Joint VenLure, 16 recommended council accept Stacy & Witbeck/Westbay in Lhe amount of $209,9L6.57. 43 d. RESOLUTION 39-87 ACCEPTING DRAINAGE EASEMENTS 1730 ROLLINS City Engineerts memo of April 14 recommended council approve the resolution accepting four easements from Art and BLenda Michael' owners of 1730 Rollins Road, in accordance with council d j-rection of February 2, L987. RESOLUTION 40-87 _ PARKING VARIANCES FOR 1209-1221 HOWARD AVENUEe City Attorneyts memo resoluLion approvingat its last meeting. of April 14 recommended council approve the variances for parking as directed by council f.TENTATIVE AND FINAL PARCEL MAP 7OO NEI.JHALL City Engineerts memo of April 14 recommended council approve this final map as recomnended by Planning Commission. 1. LETTER OF SUPPORT FOR SB 516 PRIVATE ENGINEERING SERVICES - AUTHORIZING STATE TO CONTRACT FOR FOR HIGHWAY PROJECTS Public Works Directorrs nemo of April 10 recommended council support this bill which provides for CalTrans to contract dlrectly rrith private firms for highway projects; if this bill r,rere in effect on the Anza freeway connection, it could have been under construction at this tine. h. WARRANTS AND PAYROLL Finance Director recomrnended approval of Warrants 34058 - 34634, duly audited, in the anount of $2,344,785.27 ar,d Payroll Checks 74117 - 74464 for the month of March 1987 in the amount of $7 07 ,917 . 2L . DENIAL OF CLAIM: SCOTT JOHNSON City At t orn ey Councilnan Ams tr up recommended denial. moved approval of the Calendar. Seconded call vote. condition of the Bro a dwa y lands, city frequently Consent by ro11by Councilman Lenbi, PUTNAM LANDSCAPING carried un an imou s 1y Councilman Pagliaro noted the City Planner's meno of April 13 responded to his inquiry about the use of landscaping at these businesses. His understanding was that they were going to put a pole sign at Ehe corner, but now they have cars parked there. City Planner reviewed that landscaping is not required in the C-2 zone. The plans showed aggregate at the corner, but staff required that turf block be installed so that it would appear to be landscaped even if cars were parked there. Presently turf block is in place but the turf has not been planted. The applicant can not get a certificate of occupancy until the landscaping is completed; and without a certificate of occupancy they can not shift to Long term financing. Pagliaro asked the City Planner to inquire about the proposed si.gn. AB 315 TORT REFORM Councilman Pagliaro suggested council support this legislat.ion r*hich expands a judge I s discretion as to disclosure to juries regarding settlement agreements. At the present time the judge cannot discl,oseterns of agreements in whlch one defendant guarantees the injuredplaintiff a certain amount of money and j-f that plaintlff recovers from another defendant, such as a c j"ty, the payment from the first defendant is reduced or extj-nguished. Council agreed Lo support, staff will write letter. !ROADWAY,/ROLLINS AREA Councilman Lembi noted a conplaint about the Ro1l j.ns area. Staff responded this is state asks for better upkeep but to no avai1. 44 ACKNOT\ILEDGMENTS Commission Minutes: 7987 . Beautification, April 2i Planning, Apra b c Proclamations: Law Day, May 1, 1987; 01der Americans Month, Public Works Week, May L7-231 Commending the Woodmen. City Planner I s Putnam Nlazda. memo regarding landscaping at 3 California D d. Letter from e. Letter from Timothy Regan compli-menting sewer workers for s assistance with sewer backup. f . Letter f rom Rosemary lrlilkinson regarding Alameda t s solution pornographic newsracks. Mayor Barton asked that staff keep track of this cityrs efforts. Attorney noLed Alameda j.s currently in litigation over thj-s matt g. Police Report, March L987. Marjorie Taylor regarding Mi11s Canyon Park. asked this letter be referred to Park and RecreCouncilman Lembi Petition from residents train commuters parking Councilman Mangini requesLed Safety Parking Commission. FROM THE FLOOR There were no public comments. CLOSED SESSION h Council adjourned to a closed property negotiations at 9t34 ADJOURNMENT The meeting was adjourned at 10:16 p.m thei r thi s requesting solutio street. staff refer petition to the Tr session on pending litigation and p. m. r Judith A. MalfaL City Clerk of Myrtle all day on Avenue 1 13, M.y; ive, ion. 1 led Cit y to fic, o