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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