HomeMy WebLinkAboutMin - CC - 1985.10.07BURLINGAME, CALIFORNIA
October ?, 198 5
CALL TO ORDER
A dul-y
on the
ca11ed
noticed regular meeti.og of the Burlingame City
abovg date in the City HaL1 Council Chambers.to order at 7:30 p.m. by Mayor R. David Martin.
Council was
The meet.ing was
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Police Chief Alfred J. Palner.
ROLL CALL
COUNCILMEMBERS
COUNCILMEMBERS
MINUTES
Minutes of the
PUBLIC HEARING
PRESENT 3
ABSENT:
AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO
NONE
Regular Meeting of September J"6, 1985 were approved.
- APPEAL OF' VARIANCE SIDE YARD SETBACK AT 21 ARUNDEL
City Planner reviewed her neno of October 1in which she reconnendedcouncil hold a public heariog and take action by Resolution on Lhevariance. The applicant, Denny Dong, is requesting a variance for sideyard setback at the second floor for a second floor addition to hishome. The zonlng code requires a four foot side setback for this 45foot wide lot and one additional foot for a second story. Two coveredoff-street parking spaces are provided. Pl-anning Department revierred
and approved the construction plans and a building perniE rgas issued.
The struct.ure was framed and roofed when an adjacent neighbor broughtan error in second floor setback to cityrs attention. Llork nasstopped and Dong applied for a variance.
The Planning Conmission held a public hearing and approved thevariance. They found that the lot uas less t.han mininun vidth, due tothe pLacement of the structure and floor pLan of origioal houseproviding required parking would result in substantial modification tothe interior, that setting back the second floor would result insubstantial additional cost to the additj-on, and thaE the variance
wouLd not change the sitrgl-e fanily character of the neighborhood.
Following the Planning Commission action neighbors Mr. and Mrs.
Domenic Russo, appealed the decision to the city council.
Mayor Martin opened the public hearing.
Lage Andersen, attorney representing Mr. and Mrs. Russo, asked councilto consider that the applicant must shol{ extraordinary circunstancesfor a variance. The Russors feel there are no extraordinarycircunstances, there have been mistakes made; a 45 foot lot requires afour foot setback; this is a policy matter, if this is allowed you arerevarding sloppy work. The Russots are asking for enforcenent of thecode. The present project makes the Russors living room and diningroon very dark.
Bruce Lubarsky, attorney representing the applicant, reviewed theproject. He requested that council a1low Mr. Dong to continue with hlsproject. Council reviened uith Lubarsky and Dong the costs of movingthe second story side wa11; this would involve changing foundation,
changing roof Line and would cost about $20,000; it was alsoestablished that the plans had been drarcn by Dong.
Ken Nocentj.ni, 300 Bayswater, spoke in favor of the project. He is in
Ehe construction trade and appreciated Dongrs attempt to upgrade Ehe
hone and neighborhood.
Phil Sofos, neighbor of Don g I s,
public
spoke in favor.
Mayor Martin closed the hearing.
304
30s
Councilwoman Barton sympathized rrith the Russors concern about the
large structure next door, but she did not see how making then Eove it
nine inches would have a great effect on Ehe amount of light they get.
She noted this is a young family which is trying to improve their
home, ve want to encourage this type of improvenent.
Councilman Amstrup noted a nistake was made and he hoped
happen agaln, that plans would be checked carefully. If
professional architect had been used this might not have
Councilman Pagliaro agreed rvith Counci.lwoman Barton, nine
not make a difference to the Russots 1ight.
it nould not
a
happened.
inches vould
Councilwoman Barton noved to uphold the Planning Commissionrs findings
by reference and approve the variance. Mayor Martin noted the nj-ne
inch setback on the second floor would nake no significant difference.
Seconded by Councilman Mangini, carried unani.mously 5-0 by ro11 call
vote.
City Attorney noted he would prepare a Resolution for the approval.
PUBLIC HEARING - REVIEW
BEKINS/HARVEY WAREHOUSE
104-8s
OF VARIANCES AND SPECIAL PERMITS FOR THE
CONVERSION AT 1O7O BROADWAY - RESOLUTION
City Planner reviewed her memo of September 30 in which she
reconmended council hold public hearing and take action. The
applicant, Mike Harvey, is requestiog three speciaL permits for (1)
auto sales in M-1 district, (2) height over 35 feet, and (3) office
use exceeding 20 percent of floor area; and three variances for (1)
lot coverage, (2) front setback (15 foot required, proposed is from 0
to 7 feet) and (3) landscaping (15 percent required, I percent
proposed). The proposed project would add 3,000 square feet to the
second and third floors and would add a 3,200 square foot sixth floor
to the five story building; sej-sEic safety requirements would be
added; the sixth floor nould rot be taller than the existing elevator
penthouse. At the rear of the site the applicant is proposing a
parking garage to accomnodate 141 cars. An EIR was prepared and
certified by council on September 3, 1985. Additional traffic counts
and future realignnents of Broaduay/California intersection were
researched by Public Works, as requested by council.
Planning Commission approved the project vith conditions, adding a
condition .that Harvey pay 25 percent of the cost of signalization of
the Broadway/Carolan intersection. The Conmission found that the lot
coverage variance was being compensated for by the fact that the
applicant r.ras providing parking far in excess of nhat was requiredl
that the front setback vas established when the buildi.ng was built and
cannot be changed; landscaping was being added to the fronE side and
wal1 of the parking structure where none vas on site previously.
In response to council questions, City Planner reviewed the need for
nodifications to mitigate high ambient noise 1eve1s; the coordj.nation
of si"gnals on Broaduay at the three adjacent intersections,
CaLifornia, Carolan and Rollins; sixth floor would be added to project
but would be no higher than elevator penthouse presently on site;
reason for requiring Bayfront Development Fee at. this site was because
of inpact it vould have on Broadway/101 Freer.ray interchange.
Mayor Marti.n opened the public hearinS.
Mike Harvey, applicant, revi.ewed the history of his project; parking
problems he has experienced at his present business site and need to
move Eo this larger site with more parking avaiLabLe; benefits of
project to city, parking, taxes and removal of Bekins sign. Harvey
noted he would get city approval for any signage, he would like some
signage facing freeway for identification of his site.
Richard Hopper, traffic consultant, reviewed his traffic studies for
this project in response to questions fron Councllman Pag1laro.
Hopperts recommendation hras to install a signal at Carolan and
Broadway and to coordinate the timing of the three intersection
signals. Councj-lnan Mangini inquired if Hopper had taken into
consideration the planned improvements to California/Broadway. Hopper
306
had not been aware of
1t should i-mp ro ve the
this when doing the traffic study but he noted
t raf f ic f 1ow.
Pete Campan j-1e,
of the project.
Broadway business owner and resident, spoke j-n favor
Mayor Martin closed the publ-ic hearing.
Counci-lmenbers expreased their approvaL of the project. CouncilmanPagliaro said i.t vas a good project but not.ing he sti11 had serious
concerns about traffic at the site, that lights would not help thetraffic and that he t.hought a barrier to prohibit left turns uas thebest method of traffic control.
Harvey inquired if council could determi-ne the cost of 25 percent ofintersection improvements he is required to pay. Hopper reviewedusual costs of various aspect.s of installing lmprovements andsuggested it would cost around $200,000. Council amended thecondition requiring 25 percent of cost of inproving intersection te
'r25 percent not to exceed $50,000. rr
Councilman Anstrup moved adoption of RES0LUTIoN 104-85 'rApprovingSpecial PermiEs and Yar j-ances" with conditions as anended andincluding findings of the Planning Commission. Seconded by CouncilmanMangini, carried 4-1 on ro11 call vote, Councilman Pagliaro voEing no,
CONTINUED PUBLIC HEARING - APPEAL OF DENIAL OF
SIDE YARD SETBACK AT L469 BENITO AVENUE
VARIANCE FOR CARPORT IN
City Planner reviewed her memo of October 1 in which she recomnendedcouncil continue public heari.ng and take action. The applicant, RandyGibbs, is requesting a variance to place a carport one foot into thesi.de yard setback in order t.o neet code requirement for two coveredon-site parking spaces for a rernodeling of the hore. The carporEwould provide one covered parklng space and the second space would beplaced in the basement at the front of the house, both parking spaceswould share the same curb cut. At the Last council meeting, councildirected Gibbs to prepare new plans and resubmlt then to Planningstaff. Staff finds that it wouLd take several naneuvers to get out ofthe basenent parking space.
Mayor Martin opened the continued hearing.
Randy Gibbs, applicant and property owner, said he had discussed theparking naneuvers with staff today and that he is allowed threemaneuyers. City Attorney reviewed code and said that code sectionapplies to apartment garage aisles, not single family resi-dences. Thepossibility of tanden parking nas di.scussed, City Planner noted thisis not allor.red by code. Councilman PagJ.iaro inquired if Gibbs couldeliminate the post in the nlddle of garage opening; then entrance/exitwould be easier. Gibbs replied that could be done. City Plannernoted engineering for renoval of post would require certification by acivil engineer.
Mayor Martin noted he would vote against this projects there are fourrequirements for getting a variance and tuo are not met; exceptioDalcircumstances and preservation and enjoyment of property rights.
Councilman Pagliaro noved approval of the variance with findings 'radrr in City Plannerts nemo and revi-sioo to remove the support postsrhich limit access to the garage area j.n one maneuver and directedGibbs to have pJ,ans redrarvn for approval of city staff, there was noneed to return for councll approval. Motion seconded by CounciluomanBarton, carr j-ed 4-1 on voice vote, Mayor Martin voting no.
PUBLIC HEARING -
BAYSHORE HIGHWAY
REVIEW OF SPECIAL PERMIT
- RESOLUTION 105-85
FOR ROOFTOP ANTENNAS AT 1350
Councilman Pagllaro noted he had ca11ed this up for review but helonger has any concerns about the special pernit si-nce these rreredish antenna.
no
not
Ci.ty AEtorney ooted since a public hearing
he1d.
was publ icized, it must be
I
307
Mayor Martin opened the public hearing.
Applicants briefly reviewed their project and showed counci.l
photographs of similar antenna projects on other buildings.
Alan Horn, L325 Paloma, requested
he did not have a specific reason
counci 1 would deny it.
council deny the project.
for requesting denial, he
He stated
j ust hoped
The hearing was closed.
Councllwoman Barton moved approval of RESOLUTI0N
conditions approving a special permit. Seconded
Mangini, carried unanimously by voice vote.
105-85 with
by Co unc i lman
PUBLIC HEARING - DENIAL OF MASSEUSE PERMIT
City Attorney's memo of Septenber 30 reconmended council hold public
hearing and take action. Police Department had denied a masseuse
pernit to taura Johnson on the basis that she had been arrested for
crime involving moral- turpitude. She had appealed to council.
Mayor Martin opened the public hearing. There being no appellant
presenE and no other publ-ic comments, the heari-ng was closed.
a
Councilwoman Barton
car ried unanimously
moved denial. Seconded by Councilman Mangini,
by voice vote.
HERITAGE PARK CREEK CLEANING - JOB 528
City Engineerts memo of October 2 reconmended council review the bid
from Cooper, Crane and Rigging for r.rork on private creek area culverts
and give staff direction. The work on the city portion of the creek
should begin as soon as possible.
Director of Public Works revieued the previous Beeting at which
council, determined it would approve the contract but directed work not
begin untiJ. the hone ouners were contacted about whether they would
like to participate and extend this work to their portions of the
culvert. Staff contacted contractor to ascertain additional costs for
the home ovners uhich woul,d be $4,525 depending on the right-of-nay
used. Letter uas sent to three property owners' only one has responded
xith a refusal to parLicipate. Director indicated city is proceeding
uith its portion of project.
Councilman Pagliaro noted lt does not make sense to clean out
a culvert downstrean but not clean the part upstream. Mayor
wondered if city can proceed uith work and bill the orrners.
Attorney will investigate and bring back a report to council
methods are available to ci ty.
Councilwoman Barton requested removal of iten
Permlt for Signage at Burlingane Avenue Train
part of
Ma rt in
City
on what
trn . Spec j-a1 Encroachment
Station. ri Co unc i lman
Councilman Mangini moved to continue with Lhe city portion of the
project and expect a report fron the City Attorney and City Manager on
nethods available to get property ovners to clean thelr culverts'
Motion seconded by Councilman Anstrup, carried unaninously by voice
vote.
Mayor Martin appointed Councilnan AEstrup and Council,man Pagliaro to
the Audit Committee. Councilman Pagliaro stated he Uould not be
available. Mayor Martin then appointed Councilman Mangini instead.
\- Council-man Amstrup and Councilnan Mangini accepted appointment.
POSTPONE STUDY MEETING
Mayor
until
Martin noted the october 9 Study Meeting would be postponed
Novenber.
CONSENT CALENDAR
APPOINTMENT OF COUNCIL AUDIT COMMITTEE
30s
Pagliaro noted he vrould abstain fron voting on iten rlk. Authorizing
Release Agreement for Police Station Construction" due to a conflict.
He also requested removal, of itens ire. Awarding Bid for Anza Freeway
Connection Earthwork and Waterline; h. Awarding Bid for City Tree
Trimming; and i. Cooperative Agreement rith CalTrans for Six Signal
Upgrades on El Canino. rl
a INTRODUCTION OF ORDINANCE 1308
CONTRACT
AMENDING PERS RETIREMENT
City Managerts memo of October I recornrnended council introducethis ordinance to anend our PERS (Public Employees Retirenent System)contract. On Septenber 16 council adopted the required Resolution ofIntention and on September 27 an enployee election was held which
approved of the arnendment.
INTRODUCTION
ALVARADO
OF ORDINANCE 1309 STOP SIGN AT ADELINE DRIVE ANDb
c RESOLUTION 106-85
RESUBDIVISION
APPROVING SUBDIVISION MAPS FOR MARIPOSA DRIVE
City Attorney's meno of Septemberthe resolution making certain findings
Governnent Code for this resubdi-vision
neeting.
25 recomnended council adopt
which are required by the
approved by counciJ, at its last
d RESOLUTION I07-85
JoB 512
AWARDING CONTRACT FOR FIRE STATION ROOEING
Civil Engineerts memo of October 1 recommended council adopt aresol-ution avarding the reroofing project to Ace Roofing, the 1owbidder on Schedule B in the amount of 927,288.
Renoved.
RESOLUTION 108-85
FRANCHI SE
APPROVING TRANSFER OF OWNERSHIP OF CABLE TV
City Manager's meno of September 25 reconmended council approve aresoLution transferrj.ng our Cable TeLevi-sion Franchise from CapitalCities to the Washington Post Company. This is a resulE of the mergerof Capital Cities with ABC Television; FCC rules prohibit networksfrom ownJ. ng cable systens.
RESOTUTION 109-85 - ACCEPTING COMPLETION OF CALIFORNIA/OAK GROVE
SIGNAL UPGRADE - JOB 238
Traffic Engineerts meno of September 30 reconnended councilaccept as conpleted Project 238.
Renoved.
Removed.
RESOLUTION 110-85 - AUTHORIZING CONSTRUCTION MANAGEMENT AGREEMENT
FOR ANAEROBIC DIGESTER IMPROVEMENTS - JOB 429
e
f
h
i
j
Public Works Director r s nemorove the agreenent with George
8,368.68.
of October 2S. Nolte and
recommended council
Associ-ates forapp
$29
k RESOLUTION 11I-85 - AUTHORIZING RELEASE AGREEMENT FOR POLICE
STATION CONSTRUCTION CONTRACT
City Attorney's memo of September 18 reconmended council approvethe Release Agreement uith lhe contractor and architect of the PoliceStation. The Agreement was prepared by Ropers, Majeski Law 0ffices,for whom Councilman Pagliaro works, therefore he abstained from vote.
Traffic Engioeerrs memo of September 17 recomnended council adoptan ordinance establishing an additional stop sign to be installed
westbound on Adeline at Alvarado.
309
1 RESOLUTION 112-85 - ACCBPTING COMPLETION OF HILLSIDE WATER MAIN
REHABILITATION - JOB 325
City Engineerts neno of 0ctober 1 recomnended council
conpletion of this project by Homer J. 01sen.
accept
RESOLUTION 113-85 - AWARDING
REPAIR 1984-85 - JOB 432A
BID FOR SIDEWALK, CURB AND GUTTER
bid
n.
o.
City Engineer t s meno
to Cunningham and son s
Removed.
SPECIAL ENCROACHMENT
of 0ctober 3 recommended council award this
of Oakdale in the anount of $149,988.70.
PERMIT FOR RETAINING WALL AT 839 CROSSlrrAY
City Engineer's meno
this special permit for a
recommended council approve
by 14 inch wide retaining wa1l.
because
accident.
of
T2
October 1
inch hi gh
p DENIAL 0F CLAIM: ANTONI0 PONCE VEGA
Attorneyts memo of September 18 recommended denial
uas presented to city more than 100 days after t.he
Ciry
the claim
Councilman Mangini moved approval of the Consent Calendar excepting
"Items e, h, i and n.tt Motion seconded by Counciluoman Barton,
carried unanimously by voice vote, Councilnan Pagliaro abstaining fron
Yote on Item K.
Mayor Martin ca1led a recess at 9:30 p.n. The neeting reconvened wiLh
all members present at 9:40 p.m.
e RESOLUTION 114-85 - AWARDING BID FOR
EARTHLIORK AND WATERLINE RELOCATION -
ANZA FREEWAY CONNECTION
J0B 005-1
Public llorks Dlrectorrs memo of October 3 recommended council
award contract for earthwork and waterline relocation to Ehe second
louest bidder, Gradeway Construction of Frenont, in the amount of
$348,750 and al1ow Bay Cities to withdraw their bid.
Councilman Pagliaro wanted to confirn that a city empJ-oyee had spoken
to Bay Cities about using dunp fi11. Director replied that was so and
Councilman Pagliaro had no objections to allowing Bay Cities to
r.rithdraw their bid in that case.
RESOLUTION 115-85 - AWARD]NG BID FOR CITY TREE PRUNING JOB 522h.
Park Director's meno of September 30 reconnended council awardthe bid to Econo-Tree as the 1or^r bidder at $25 per nan hour; $42,000has been appropriated for trimming the Eucalyptus trees throughout thecity.
1 RESOLUTION 116-85 - AUTHORIZING COOPERATIVE AGREEMENT WITH
CALTRANS FOR SIX SIGNAL UPGRADES ON EL CAMINO - JOB 246
Public Works Directoris memo of 0ctober 2 recommended council
adopt a resolut.ion approving a Cooperative Agreement with CalTrans
modification of signals at six intersections uith El Canino Real-.
city cost is not to exceed $140,000 with an estimated cost of
$126,000.
for
The
Mayor Martin inquired if
suffi"cient strength f rom
to provide for efficient
included to correct thi s
the ner signals wo u1d
which to hang rrno left
enforcement. Director
problem.
mast arms ofrr signs in order
Broadway would be
have
turn
said
m.
R ECE SS
REMOVED CONSENT ITEMS
i
{
i
I
)
Councilman Pagliaro inquired if this conpany is faniliar uith work on
Eucalyptus trees and had references. City Manager stated city had
contracted with this coopany to trin one tree as a demonstration andthe conpany performed weJ-1.
31U
Councilman Pagliaro inquired what upgrade neans, what is the method of
sharing costs rrith the State and the method of payment. Director
ansvered the upgrade would make all signals on E1 Camino simi.lar to
those at Floribunda and Oak Grove intersections, that city will pay
prorated share of cosE depending upon number of city streets adjoining
State road, t.hat when t.he project is bid the SEate expects city lo pay
its share. Pagliaro hoped the l"ighEs would be synchroni.zed and timedfor senior citizen pedestrian use. The Director stated most are tinedfor pedestrian crossing and staff iril1 check with CalTrans.
SPECIAL ENCROACHMENT
TRAIN STATION
PERMIT FOR SIGNAGE AT BURLINGAME AVENUE
Public Works Directorrs memo of Septenber 30 recommended
issue a special encroachment permit for CalTrans to install a
landnark entrance sign at the Burlingame Avenue Train Station.
council
standard
Counci-lwoman Ba rt on
box, the planter is
unattractive there.
objected to placing a sign in the circular planter
alnays fi11ed wiEh flowers and the sign would be
Councilman Pagliaro agre ed .
Barton also conplimented the tuo candidates, Rosalie
Bud Harrison, who have been faithfully attending council
Director will communi.cate r+ith CalTrans to find another location.
Seconded byCouncilman Pagliaro moved approval of Items e, h, and i
Councilnan Mangini, carried unanimously by voice vote.
SCHEDULE APPEAL HEARING FOR SPECIAL PERMIT FOR AMEREX RENT-A-CAR
Mayor Martin scheduled a public hearing for 0ctober 21.
HALLOWEEN NIGHT ENFORCEMENT
Councilwoman Bar t on
1egis1ati.on.
asked City Attorney to report back on thi s
Coun cilwoman
0 r Mahony and
meetings.
Mayor Martin reported onCities Annual Conference
apartheid and divesture.
ACI(N OWLEDGMENTS
a. Commission MinuEes:
Recreation, September 19;
September 17, 1985 .
of the League of California
issue this year seens to be
the
and
progress
that the
Beautification, September 5; Park andPlanning, September 23; Library Board,
b
c
Proc lamat 1on
Proclamation
d, Letter from T
response from city
- United Way Month,
- Very Special Arts
ed Farl-ey protesting
Engineer.
october L985.
Festival Day, October 19, 1985.
sidewalk assessnent aod
e. Letter of thanks from Governing
donation of top soil and irrigation
School.
High School District f or
to Burlingame High
Board of
equipment
f. Letter
before city
from High School Superintendent requesting appearance
council.
Mayor Marti-n noted council rrouLd hear from the Superintendent at the
n.
Councilwoman Barton stated a citizen had ca11ed with complaint thatyoungeters had thrown a grapefruit and hit hin in the head. She was
concerned about more of this type of disruption on Halloveen night.Police Chief said patrols would be doubled that night and youngsters
would be cited for loitering or throwing objects.
OBSENITY LEGISLATION
LEAGUE CONFERENCE
311
next neeting, october
g. Resolution from
h. Resolution fromrrMeasure A.'r
i. Resolution f rom
FROM THE FLOOR
Bud Harri son
about saf eLy
21, 1985.
City of Colna opposing rtMeasure A.rr
County Board of Supervisors in support of
City of Pacifica in support of rrMeasure A
Mr. Romoli, resident, notified council that the city has painted
colored markings al,1 over his street and sidersalk for two years nou.
He was tol,d this was in preparation for repalrs, but repairs have
never been done.
Director of Public Works revier*ed meanings of different colors and
that sidewalk repair contract in that area had been awarded under the
Consent Calendar. He will send someone to visit Mr. RonoLi to see the
markings.
Rorooll also stated he would like to speak about the need for lights at
the soccer fields. Mayor Martin asked Romoli to bring this issue up
at the study meeting in November.
HALLOWEEN
{
stated announcenents wo u1d
on HaLloween night.
be made at the high school
ADJOURNMENT
The neeting was regularly adjourned at 10:13 p.n
udith A. Malf tiCity Clerk