HomeMy WebLinkAboutMin - CC - 1981.11.16295
BURLI NGAME ,
November,
CAL I FORNIA
16, 1981
CAI,L TO ORDER
A regular meeting of the Burlingame City Council was held onthe above date in the City Ha11 Council Chambers. Meeting
\"/as called to ord.er at 8:20 p.M. by Mayor Victor a. Uanginiafter an executive session conrmencing at 7:30 p.M.
PLEDGE OF ALLEGIANCE
COUNCIL MEMBERS PRESENT:AMSTRUP , BARTON, CROSBY, MANGINI , MARTIN
NONECOUNCIL MEMBERS ABSENT:
MINUTES
Minutes of the
and adopted.
regular meeting of October 19, 1981 were approved
HEARING - SAIT
SPECIAL PERMIT
AVENUE
KILKI , APPEAL OF PLANNING COMMISSION DENIAL
FOR 30O SF STORAGE/CABANA STRUCTURE AT 1441
OF
DRAKE
City Planner referred to her staff memo of November 2, L981 ,previously outlined to Council, and reported Council, options
as denying, denying without prejudice, or approving with three
conditions.
Mr. Kilki again stated his need for the structure for storage
and cabana, adding that wind had destroyed his former tool shed.
He noted his efforts in modifying the pfan to conform with code.
Mrs. Marjorie Bean, 1-445 Drake, spoke against the structure
because she thought it was still too high, too large, was a fire
hazard because it was to be built near her property, and wantedit moved toward the middle of the 1ot so she could have more openspace. She asked if a garage could be built in the future becauseof 408 lot coverage. City Planner stated a variance would be
necessary.
There were no
cl-o sed.
further comments and the public hearing was declared
Mr. Kilki told Council he wanted structure where it was planned soit would be in line with his house. His open space he planned to
use for extra park j-ng.
Councilman Martin questioned builder Bob Liepke at length, statingthe structure would shade the neighborrs yard, and did not needplate line of 7111" for storage but could be 7'. With slab con-struction and flat roof the building could be brought down to 8r.
He considered height and location would be easy to mitigate. If
there were no such mitigation he would vote against it.
Council discussed and agreed redesign would be preferable.
Councilman Amstrup moved that application be denied without pre-judice, and that Mr. Kilki redesign for Planning Commissj-on con-sideration, second by Councilwoman Barton, carried unanimously on
ro11 call vote.
HEARING - S.K. JADALLAH,
18' HEIGHT LIMIT FOR LOT
APPLICATION FOR AMENDMENT TO CONDITION OF
I, MILLS CANYON COURT
Led by Ralph E. Kj-rkup, Director of publ-ic Works.
ROLL CAIL
City Planner reviewed her staff report of November I0, 1981 with
various attachments including Planning Commission minutes of
296
7l/9/Bl, staff report of LL/9/BL, staff report of lL/2/8L,architect's report of 4/l/8J-, various letters and reports
documenting history of this application and subdivision con-dition back to Council meeting minutes of 6/3/68. City Planner
reported that Planning Commission at their meeting of ll/9/8L
had reviewed hJ-story of subdivision and this application indetail, concluding that the project traded off height and viewweI1. Planning Commission had recommended Council approval of
amendment to height condj-tion on Lot 1 with 3 conditions.
Attorney Paul Ke11y, representing Mr. Jadallah, addressed Councilto the effect that Planning conditions were acceptable, and re-
viewed two year efforts to conform to neighborhood and City con-
cerns.
The following people addressed Councj-I in favor of Mr. Jadallah'splan:
Bruce Thompson, 1600 Granada; Peter Gleysteen, l24l Bernal; Wm.O. Brienr 1590 Granada.
Wm. Heijn, architect for Mr.line of sight, demonstratingneighbors' view would not be
Jadal1ah,
by use of
blocked.
addressed the
side sections
issue ofthat the
Alan Krop, soils engineer, spoke to theindicating that the project, if done asalter the stability.
stability of the hi1lside,
recommended, would not
Attorney Nick Elchinoff, representing residents of 2823,2827,2831,
and 2835 Arguello, spoke against the project. He reviewed thehistory of the height condition, criticising staff report re-garding curb elevation, and stating this was set by the City
Engineer in 1968, not by the developer. He noted Mr. Jadallah'sletter of 4/2L/79 which stated he had bought the lot ". . . . about
l-8 months ago in good faith....for a home for my family." He
quoted from document identified to be agreement of sale dated5/Ll/77 between S. Jadallah and the Fram-Smook-Gard Corporationfor the sale of Lots 1 and 2 and indicating different pricesfor different numbers of lots if subdivisi-on was successful.
He noted Mr. Jadallah was aware of restrictions on these lots
back in 1977.
In rebuttal Attorney Ke11y deplored the tactics of discreditinghis client, and pointed out that what happened in 1977 has no
bearing on what is happeni-ng in 1981. He considered Mr. Elchinoff'sclients were interested in their own welfare, not Mr. Jadallah'srights.
There were no
closed.
further comments, and the public hearing was declared
Li
DI
tt
I
T
In response to questions from Council, staff, architect, andgeologist confirmed that:
Structure could be built with 18r height leveI, but it would be
necessarily smal1 and the cut would be considerable.
I{ith proposed structure, the greatest permanent cut would be
8' ; the whole structure would be on cut with some areas of
cosmetic fill not more than a couple of feet. Geologist ap-
proved as far as seismic safety and slippage.
Height level of 468' maximum for the structure would be only3' higher than the ground 1evel of 28L9 Arguello and below ground
level of other residents objecting on ArgueIlo. Objections are
to the view blockage of the Bay down the slope.
Mr. Jadallah could erect a 6t fence which would block his house
from view.
Councilman Amstrup said that this conditj-on had applied for many
years since the inception of Mills Estates, and it was possible
to build a house within its limits. He moved that the 18'heightlimitation be retained, second by Councilwoman Barton.
297
councilman Martin pointed out this type of appear will keepcoming up; the view has been reasonably prot-ctea; thisstructure is a good design with mi-nimum cut and fi1l. rt ispreferable to having a deep excavation and retaining wa1Is.
councilman crosby, too, thought this a better design than whatcourd.happen in the future with an expensive house, deep cut,and high retaining walls.
Councilwoman
according to
Barton disagreed, stating it was possible to build
code.
Mayor Mangini considered this an excellent project.
call vote:Motion failed on following ro11
AYES: COUNCILMEMBERS: AMSTRUP,BARTON
NAYES : COUNCTLMEMBERS: CROSBY,MANGINI,MARTIN
ABSENT: COUNCILMEMBERS: NONE
Councilman Martin moved that the 18' heightnated for Lot L, Mills Canyon Court subject
That the highest point of the roof linenot exceed elevation of 468 feet;
that the top of any fence to be
adjacent to Lot 2, be below the
adjacent property.
of the new house
built on Lot 1, except
ground elevation of any
restriction be elimi-to restrictions:
I
2
3
4
the new structure shall be constructed in accord with theplans and specificatlon, location and general drawings, exceptas to 468:foot height limitation, submitted to the Planning
Commission and dated as received on April 1, 1981;
that construction be under the constant supervision andj-nspection of a soils engineer, and that he certify the
correctness of the excavation and the retaining waI1;
Motion was seconded by Councilman Crosby and carried on thefollowing ro11 call vote:
AYES:
NAYES:
ABSENT:
RECESS
A brief recess followed
reconvened.
CROSBY, MANGINI , MARTIN
AMSTRUP, BARTON
NONE
at 10:00 P.M., after which the meeting
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
STAFF MEMORANDUM
Poli-ce
Police
1 Chief, IL/6/Bl, Request to Hire One AdditionalOfficer
Police Chief reviewed his memo of November 6, 1981 which re-quested Council approval of request to hire one additionalpolice officer because of three police officers off duty ondisability and ellgibility for retirement in 7982 of two otherofficers. Disability of officers appears long term, and whenthey do return to work, the new hire could be used when retirees
leave.
Council discussed briefly and Councj-lwoman Barton moved the
hiring of one additional police officer be approved as well as
transfer of $17,090 from Contingency f'und to Pol-ice budget.
Second by Councilman Martin, carried unanimously.
2S8
CORRESPONDENCE
1. Water Quality Control Board,
Wastewater Treatment and Disposal
7L/5/Bl re Individual
Systems
Letter of November 5, 1981 from California Regional WaterQuality Control Board reguested that City of Burlingame advisetheir office of all applications received for permission toinstalr individual wastewater treatment and disposal systems.In response to Council question, Director of public Works re-ported that to his knowledge there were no such systems in theCity.
CONSENT CALENDAR
1. Cl-aim of Thomas Plate Denial Recommended
Memo of November
of this clai-m on
5, 1981 from City Attorney recommended denialthe basis of non-liabiIity.
2. Cl-aim of Fanny Marchetti Denial Recommended
Letter
on the
of November 9
basis of late
19 81
claim.
from City Attorney recommended denial
3. Contract Amendment for Preparation of Marriott Hotel EIR
Memo of November L2, 1981 fromapproval of contract amendment
November 9, 1981 from De Leuw,
City Planner requestedas set forth in letter
Cather & Company.
Council-
of
4. Ordinances Introduction:
Ordinance No. l2L5 "An Ordinance Amending Section 4.09.040of the Burlingame Municipal Code Removing Exemption ofState and Federal Employees From Transit Occupancy Tax"
Ordinance No. L2l6 I
Sign Illumination in
5. Resolution No. B0-81
Agreement With Statefor Modi-fication of
Real and Fl-oribunda
6 Resolution No. 81-81
Amendment,t.o AgreemenHarris & Associates fProject No. 025"
An Ordinance Allowing A11 Forms of
Commercial and Manufacturing Districts"
"Resolution Authorizing Execution ofof California and Town of HillsboroughTraffic Signal - Oak Grove, EI Camino(Project No. 021) "
" Resolutj-on Author Lzing Executiont hiith American Digital Systems,or Sewer System Eval-uation Study
of
Inc. /
7. Special
Avenue
encroachment permit Retaining WalI, 141-9 Carlos
Memo of November 10, t98I from City Engineer reconrmended approvalof this encroachment permit.
Councilman Martin moved approval of consent calendar, second by
Councilman Crosby, carried on unanimous vote.
LINFINISHED BUSINESS
SB 230
City Attorney again discussed provisj-ons of this bill which alIowscities to consolidate elections with other political entities.
City C1erk reported on action of other County cities on this bil1,cost of elections, and savings possible by consolidation.
Council discussed briefly, but decided to defer the matter to
another meeting. After consideration they agreed on a special
meeting for Tuesday, November 24 at 4:00 P.M. with a two-item
agenda - police station and SB230.
Commissions
Mayor Mangini remj-nded Council members of their timetable
299
for interviewing Commission candidates.
APPROVAIS
WARRANTS
Warrant Nos. 10859 through 11160, duly audited, in the amount of
$895,867.23 were approved for payment on motion of Councilman
Crosby, second by Councilman Amstrup, carried unanimously.
PAYROLL
Payroll for October, 1987, Check Nos. 29294 through 29927 in lj..e
amount of $453,989.89 was approved for payment on motion of
Councilman Crosby, second by Councilman Amstrup, carried r:nani-
mous 1y .
ACKNOWLE DGMENTS
1. Letter, ll/5/81 , Restaurant & Hotel Or,rners Assoc., re
Convention & Visitors Bureau.
2. Letter, El-izabeth Sellack, lI/5/8L, 801 Foster City
B1vd. Foster City re parking.
3. Letter, 11,/3/81 , Center for hdependence of Disabled,
revenue sharing allocation.
re
5. Letter of Noverber 5, 1981, Anthony W. Dafy, 1109 Bernal
Avenue, commending sewer department worker Philip Benker.
5. Letters of Ll/10/81 from Administrative Assistant regarding
retirement of Archie Offield from Civil Service Commission and
expiration of term of Lawrence Putman on the sanecommisslon.
City Manager was advised to write a commendation for Mr. Offield
and ascertain if Mr. Putman wished to serve another term.
7. Letter of 11/10/81 from Administrative Assistant to Charles
R. carry in response to his request for alelay on Council hearing
on Judith Young. January, 1982_ was suggested as tentative date.
FROM THE ELOOR
Mrs. Ruth Jacobs, Planning Commissioner, requested that staff
check the meters in Parking Lot J. She said that they have
been installed facing the wrong way.
ADJOURNMENT
Meeting was regularly adjourned at 10:30
sifence in respect to the memory of Mrs.
mother-in-law of councilman Martin.
P.M. with a minute of
Ada Booth Martin,
(-
Q,..,-/n-..Evelyn f{.city Cl-erk
// . ./, t t
Ei11
4. Letter of November 5, 1981, Association of Bay Area Govern-
ments re election of pres j-dent and vice president.
l
l