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HomeMy WebLinkAboutMin - CC - 1975.11.17482 Burl i ngame , Ca1 i forni a i{ovember 17, 1975 CALL TO ORDER A regu'l ar meeting of the Burlingame City Council was date in the Ci ty Hal I Counci I Chambers . The meeti ng order at 8:05 P. i,l . by l'1ayor Irving S. Amstrup. hel d on the above was cal I ed to PLEOGE OF ALLEGIANCE TO THE FLAG: Led by Jerome F. Coleman, City Attorney. ROLL CALL Council Counci l l.lemoers i,lembers Present: Absent: Amstrup-Crosby-Cusi ck-Harri son-ltlang i ni llone ;.III'{UTES Tne mi nutes of the regul ar meeti ng of llovember 3, 1975, previously sub-mitted to the City Council, were approved and adopted. AUCTIOi'I PERi4 IT APPROVED Under date of [,lovember 5, 1975, S. Ashman, President, Golden StateAuctioneers, Inc., I35 l.lillow Road, Danvil le, made application for apermit to hold an auction on the premises at ?20 California Drive,formerly the location of Snowman Ski Shop, Inc., on Saturday, November 22, commencing at 1l:00 A.M. for approximately two (2) hours. An inventorydf merchandi se, fi xtures and equi pment to be sol d was filed. A Ietter dated November 5, 1975, s i gned by Lieutenant Thomas B. ChaseforGeraldA'Nordstrom,chiefofPolice,offerednoobjectionto granti ng of the permi t. I Counci lman Harri son moved to authori ze i ssuance of the requi red I i cense,the sal e to be conducted as outl i ned in the appl i cant's I etter of November 5, i4otion seconded by Councilman 14angini, all aye voice vote. HEAR I NGS APPEAL OF JOHNRE: PLANNING &EqurtElllENTs F. DEVINE, c0r,li'1 ISSI0N FOR R-1 LOT I34B DE SOTO AVENUE DENIAL OF VARIANCE FROM AVERAGE t,lIDTH The appeal of John F. Devine was acknowledged by the City Council atits meeting of November 3, 1975 and referred to the present meeting for publ i c heari ng. In a communication addressed to the City Council dated November 13, 1975, the City Planner provided background including references to two prior applications made in 1972 by Mr, Devine to resubdivide the property. At the Chai r's inv recent proposal. in width by I20 fe the P'l anni ng Comm iParcel A wi th 6547 ilec lari ng the expl ai ned the it Th et SS s ati on, the Ci ty Pl anner revi ewed i'4r. Devi ne's moste Pl anner expl ai ned that the property is 10C f eetin depth. A tentati ve parcel map was submi tted toion dividing the property into two parcels - quare feet, site of the Devi ne residence, and Parcel ll with 5453 square feet where a slngle-family dwelling could be bui I t. Because Parcel B fai I ed to satisfy the code requirement thatlots must have an average width of not less than 50 feet, th Commission requested a concurrent variance application. As Parcel B is 50 feet wi de at the street, that wi dth continues approx i ma te I y 36 to the rear where it n arrows to 43.49 feet. have I and area in excess of the requ i red 5000 square feet. Commission chose not to approve the resubdivision on a voteto two (2) on both vari ance appl i cati on and parce l map (one e Pl anni ng proposed,to a poi nt Both parcel s The Pl anni ngof four (4) member absent ) nearr ng open,property was Mayor Amstrup recogni zed llr. Devi ne, who purchased as an i nvestment wi th the i dea of I x o eventually dividing it into two Iots, building a new home for his family and selling the existing dwelling as a method of accurnulating reserves for the chi ldren's educati on, iteferring to statements in the Planner's written report, Councilman 14an-gini asked 1.1r. Devine had he at any time agreed to reduce the size of the present building. t4r. Devine stated he had made no such commitment in writing but had applied for and obtained a permit in August,1972, to demol i sh part of the building and re-establ i sh a new exteri or wal I androofing. He stated the work was never done because of strong objections by t1rs. ilevine, her insistence that the dining room would be ruined. In response to the Chair's inquiry, there were no further comments from the fl oor sustai ni ng or opposi ng the appeal , The heari ng was dec I ared cl osed. Counci I di scussion fol I owed. Councilman Harrison inquired about dimensions of the two parcels. The Planner referred to the copy of the map showing 50 feet at street frontage for both parcel s. He stated that Parcel A is a I egal I ot. Because of the jog in the new parcel Iine to accomodate that portion of the exi sti ng bui I di ng that proj ects i nto the side setback , wi dth dimension of Parcel B narrows for a distance of 84.02 feet to the rear property I i ne, thus bri ngi ng average width of the total parcel bel ow the requ i red 50 feet. Counci lman Cus i ck referred to the parcel map requesti ng the Ci ty Pl anner to comment on the overhang in the area where the house protrudes into the side yard. The Pl anner i denti fi ed the bui I di ng wall, expl al ni ng an overhang is permitted for a distance not to exceed 50% of the required side yard. r,layor Amstrup asked the distance from the new parcel line to building if thi protrusibn were removed. The Planner advised about seven (7) feet- Further, in response to i'layor Amstrup, the Planner confirmed it would be necessary to remodel the entire side of the building in that section to strai ghten the new pa rce I line and give each parcel 50 fee t wi dth fron t and rear. Councilman i4angini referred to discussion in the Planning Commission minutes of 0ctober 'l 4 concerning a building permit for installation of windows. The Planner stated Mr. Devine had a building permit for demolition of part of the bui ldi ng. Further, in response to Counci lman [langini 'the' PI anner agreed that if the remodel i ng had been done there would be two (2) 50 foot lots. The remodeling was not done, there was no action on that bui I di ng permit, Councilman Harrison referred to a comment in the same minutes by one of the commi ssi oners objecti ng to a 1972 gerrymandered I ot. The Ci ty Planner explained the initial application by Mr,Devine in that year proposed a lot 42 feet wide, a straight line from the street to the rear. There was strong nei ghborhood oppos i ti on to this plan. The Ci ty Pl anner i nformed the Counci I there i s another gerrymanderi ng ,opportunity. It is possible to jog behind the building, obtain a 50 foot lot and obvi ate the need for a variance. Counci I man Crosby noted this would pl ace the new Iot line in the mi ddl e of the other lot. Councilman Harrison queried iS staff saying that it.thE Council denies the application and upholds Planning Commission, I'lr. Devine can file anothi:i map satisfying all requirements? The City Attorney elplained the requirement for an average width of 50 feet can be fulfilled' llhether this woul d be a saleable lot is questi onabl e, but it is also questi onab l e that the PI anni ng Commi ssi on woul d have di screti on to deny a parcel map becau se a lot I ooks s tra nge . Councilman Crosby asked Mr. Devine to amplify his earlier explanationfor not proceeding with the demolitdon project. Mr. Devine stated that l,1rs. Devine oujected for the reason that there are six (6) bedrooms' three (3) baths , a I arge Iiving room plus al coYe; to have I ess than a functional dining room in a home of this size would depreciate property- .() value. Councilman Crosby asked I'lr. Devine to explain his reasons for taking out the building permit in the first place. I'lr. Devine stated he i ntended to remodel , his wi fe objected, and that, actual Iy, he obtained the permit before moving his family into the home, Counci lman Harri son moved to sustain the deci s i on of the Pl ann i ng Com- mission, to deny the appeal. l"loti on seconded by Councilman Cusick. ** 0n the question, Councilman 14angini asked the City Attorney, in view of statements just made concerning possibility of another iog in the parcel line, can Mr. Devine return to the Planning Commission and request a variance. in lot width requirements? The City Attorney explained that 14r, Devine has the right to present a new parcel map' It would be the responsibility of the Commission to decide if the lot pattern woul d be compati bl e wi th exi sti ng patterns in the nei ghborhood. A vari ance woul d not be required. **iulotion carried unanimously on roll call I 2 C0DE AMEIIDMEitTS T0 TITLE 25 Z0NING FACILITIES FOR THE ELDERLY IN R.3 TO PROVIDE FOR GROUP RESIDENTIAL ZORE llayor Amstrup announced this was the time and place sbbeduled pursuant to publ i shed noti ce to conduct a publ i c heari ng for the purpose of considering two amendments to the i4unicipal Code as follows:l. Add to Title 25 Zoning, Section 25.08.325 Definitions "Groupresidential faci li ti es for the elder1y. A resi dence for elderly persons 60 years of age or over in good heal th and not bedfast, which res i dence prov i de s cential i zed di ni ng faci l i ties and rel ated living servi ces. " 2. Section 25.32.030 Conditional uses requiring a special permit add "4. Group res i denti al facilities for the elder1y. " In a communication dated 0ctober 30, .l975, the City Planner forwardedfor the Council's information these items: Planning Commission Reso- lution l5-75 "Reconmending The Adoption 0f An 0rdinance Adding Group Resi denti a l Facilities For The El derl y In R-3 Zones, " Draft 0rdi nance Adding Section 25.08,325 and Amending Section ?5.32.030 of the Bur- lingame Ilunicipal Code to AIlow Group Residential Facilities for the El derly in R-3 Zones, and mi nutes of the 0ctober 14, i975 PI anni ng Com- mission meeti ng, i tem 5, Code Amendments to Title 25 Zoning. Responding to t4ayor Amstrup, the City Planner explained that, by reason of the code amendments, a proposal for this type of facility in R-3 District will require application for a special permit, a public hearing and environmental impact assessment. 14ayor Amstrup asked about an agreement the City Council had with the developer of Casa Amigo con- cerning sanitary sewer improvements. The City Attorney stated the Casa Amigo proiect must start anew. A permit under the new ordinance is required, t{hen the use was approved ear'l ier this year, it was not allowed in R-3. In response to the Chair's invitation, there were no comments from the fl oor pro or con. The heari ng was declared cl osed. 0RDINANCE N0. 1050 "0rdinance Adding Section 25.08.325 And Amending Section 25.32.030 0f The Burlingame I'lun i ci pal Code To A11ow Group Residential Facilities For The Elderly In R-3 Zones" was gi ven its second reading. 0n motion of Councilman Harrison, second by Council- man 14angi ni , sai d 0rdi nance passed its second readi ng and was unani- mously adopted on roi I cal I COi.I14UNICATIONS l. r'I0RTHPARK, BIJRLINGAI'IE'COMPLAINT OF NOISE PROBLEMS AT CAR l.lASH In a communication dated ilovember I2, 1975, Elayne Cudmore, l"!anager' informed the City Council that approximately 30 apartments involving 75 NorthPark resi dents are affected by the dai'l y noi se emanati ng from he corner of Broadway and Carolan Avenue. AIso, ts are unab I e to keep the wi ndows and bal cony doors i I i ty i s i n use and, ouer the past several years , ve been forced to move. t!s. Cudmore expressed the probl em can be recti fi ed if the operators i nstal I eda the car wash a NorthPark res i ope n when the many residents opi ni on that t tt den fac ha he t\ .{81"r a proper cover, In response to i"layor Amstrup, the busi ness operates under a speci a1 i n ;,1arch , 1972 . Ci ty I'lanager confi rmed that the permi t granted by the Ci ty Counci I Council members agreed with I'layor Amstrup's recommendation that staff be di rected to confer wi th the operators on measures th at are availableto them for noise control. l.layor Amstrup suggested, too, that Council mi ght consi der revocati on of the use permi t if s taff 's effort s are unsuccessful. 2. COi4I,I ISS ION APPOI NTMENTS 'In a memorandum dated November I3, 1975, the City l"lanager reported thatl.lrs. Gloria H. Barton and Clarence Rusch of Beautification Commission,I,lrs. irlildred B. Grens and John 0'Leary of Park and Recreation Commission, and Victor T. Subbotin of Traffic, Safety & Parking Commission, arewilling to serve another term. Hith Council concurrence, l"layor Amstruh confirmed reappointment of all for the full term. Under date of iiovember 13, 1975, the City Manager forvlarded a report from the Park Director that the Beautification Commission at a regular meeting on i{ovember 6, 1975 approved Heritage Grove status of 40 i,lexi can fan palms on Carol and East Carol Avenues. The City Manager expl ai ned that the nomination requi res approval of the Ci ty Counci I. Counci lman Crosby, res i dent of Caroi Avenue, inquired of the City Engi neer abou t removal of debri s that falls from the palm trees especially during a period of strong winds. He commented that the street resembles an oostacle course at times. The Ci ty Engineer stated that compl aints are directed to the Park Department, ordi nari ly, but that Publ ic,tlorks crews will remove branches and other I i tter found in the streets, Counci lman Crosby's motion confi rmi ng Heri tage Grove status of the llexican fan palms on Carol and East Carol Avenues as recommended b the Beautification Commission was seconded by Councilman f'langini, aye voi ce vo te, val l RESOLUTIONS l. RES0LUTI0N N0. S2-75 "Authori zi ng Executi on 0f Agreeme n t For Archi tectural Servi ces -Fi re Sta ti on No. 3" was i ntroduced by Council- man I'langini, who moved i-ts adoption, second by Councilman Harrison, c a r r i e d - u n a n i mo u s 1 y on rol I cail. (Al bert H. KahI , Archi tect. ) ORDIi,IANCES Second readi ng: .l . 0RDIIIANCE N0. l05l "Repealing Two-Hour Parking Limitations 0n Fl ori bunda Avenue Between Cal i forni a Drive And Pri mrose Road, " The Ci ty Engi neer, at the b lock of F I ori bu nda has Ci ty Counci I re cen tl y atrial bas i s. It was fe sary and that it might allowed to park on the from resi dents. .Staf fto unl'imi ted parking. The 0rdi nance (title moti on of Councilman 0rdi nance passed its cal I . Chai r's request, expl ai ned that this part i cul ar two-hour parki ng limit. Staff came to the ing permi ssi on to shroud exi sti ng signs on athat iimited parki ng was not absol utely neces- of benefit to the residents if they ttere reet all day. The test rai sed no objections w asks that the s tree t be rai sed from two - hou r a skIt be st no In response to Mayor Amstrup's inquiry, there were no comments from the fioor. reci ted above ) was gi ven its second read i Harrison, second by Councilman l'!angini, sa second reading and was unanimously adopte ng. idd on 0n ro I l 3. HERITAGE GROVE DESIGNATIONS 4Eri 2. 0RDIHANCE N0. 1052 "Establ ishing Highland Avenue Between Cal ifornia ort valfna- ttowarZ- Avenue As.A 0ne-}.lay -Street. " At the Chai r's request, the Ci ty Engi neer expl ai ned that this change was recommended in the traffic surveillance study by George S. l'lolte ' Inc. General ly speaki ng, this is the area of Hi ghl and Avenue adj acent to the bus depoi, presenIly a two-way street. There is a great dea] of conflict for northbound trafiic coming out on to California Drive at an odd angle thus creating a difficult situation. The recommendation is to desig- nate Hi ghl and Avenue a one-way street southbound away from Cal i forni a -tDri ve toward Howard. A new bus stop is anti ci pated on Cal i forni a at Howard in front of Arata Pontiac where northbound buses will stop. i There were no comments frqn the floor in response to the Chair's inquiry. In response to Councilman Crosby' the City Engineer confirmed that Greyhoirnd has been made aware of the change also Arata Pontiac. Greyhound had no objecti on , Arata peopl e were somewhat di spl eased. The 0rdi nance (title reci ted above ) was gi ven its second read i ng . motion of Councilman Cusick, second by Councilman l'langini said 0rd i nance passed its second read i ng and was unanimously adopted on cal I . ORD I NANC ES 0n rol I I ntroduc ti o n of : I.ORDINANCE NO. IO53 "Addi ng Chapter 12.10 To eoAe To-TrovTde For Issuance 0f Encroachmentfor first reading by Councilman Crosby. The Burl i ngame IluniciPal Perrnits" was i ntroduced i,layor Amstrup expl ai ned that the Ci ty Counci I agreed encroachment permi t procedures to the Ci ty Engi neer el imi nati ng some unnecessary steps. Counci lman Cusi ck stated that nowhere doe s the 0rdi nance say that the permit is revocable, Following a brief discussion, the City Attorney idvi sed that the appropri ate l airguage wi ll be added to the 0rdi nance in time for the second read i ng. Addi ng Chapter 13.54 To The Skateboards" was i ntroduced for to as a allocate method of 2. 0RDINANCE N0. 1054 "An 0rdinance Burl ngame r un crpa ode Concerni ngfi rst readi ng by Counci I man Harrl son. Mayor Amstrup asked is there any place where "retail commercial district" is speci fi cal ly desi gnated so tha t there wi lI be no ques ti on of the area to which this 0rdiSaaoe applies. The City Attorney explained the term is synonymous with C-l as shown on the zoning map. 3. 0RDIilANCE N0. l055 "Adding Chapter lB.l0 Controlling Sandblasting And OEFEF-SffiTTarTypes 0f Exterior Building Cleaning" was introduced for fi rst readi ng by Counci lman Mangini . Councilman Crosby asked is there an appreciable amount of sandblastingin this city. The City Engineer confirmed there is and there are rnany compl ai nts. Ui'lF I i'l I SHtri BUS I NESS I. PRIMROSE LANES AMUSE14ENT PERMIT DENIED l'iayor Amstrup announced that consideration of this application was continued from the meeting of l,lovember 3 to the present time to allowI'lr. Thomas Henderson, President, Primrose 14anagement Corporation, timeto prepare a response to statements in the Police Department reportof 0ctober 30, 1975. j'lr. Henderson, upon recognition by the Chair, informed the Council he had no comments.g 487 Counci lman Harri son moved to deny the appl i cati on for an amusement iicense for public dancing. The motion was seconded by Councilman Cusick. 0n the question, Councilman Crosby asked if the problems recited in the Police tiepartment report were corrected. Lieutenant Chase stated !!"y were to hi i knowl ed9e. Counci I man Crosby commented the pri nci pal di f- ficulty appeared to have been with one employee. .14r. Henderson stated the employee had been with the company for two (2) years and that he (llendeison) refused to convict a person before proven guilty. 1 I The motion to deny carried unanimously on roll call. 2. 'dIRI.iG F0R CHRISTI'IAS DEC0RATI0NS 0N BURLINGAI4E AVENUE i'layor Amstrup announced that the request of the Chamber of Commerce for fi nanci al assi stance to hel p defray costs of new el ectri cal wi ri ng f or the Chr.i stmas decorations was discussed at the study meeting. He stated his first reaction was to help the merchants. However, on iearning that nothing has been done for Broadway or the Plaza' he had second Ihoughts and (uesti ons now how the expendi ture of ci ty funds can be justified. crisis, commenting there has Burl i ngame Ave nu e or Broadway Counci lma n Harri son di scussed the energy not been an el ectri cal di sp l ay on ei therat Chri stmas for the past two years. Counci lman i'langini stated hecrisis as vJith the i dea that area and i gnori ng the others. Counci I man Crosby recal I ed i t the new wi ri ng would be one-h he was not too concerned wi th si tuation for the reason tha tof the hol i day season and add merchants shou I d receive some was not as concernedthe Council would be wi th the eaergy hel pi ng one commercial wasalf the the to f i n establ i shed at the study meeti ng that the wattage of the old. He explained energy cri si s in this parti cu lar decorations contri bute to the spi ri t the warmth of the city. He felt the anci al aid from the city. r4ayor Amstrup agreed that the merchants did extremely-we the funds. He itated he was informed by one member of t he, personally, had no intention of asking the city for also, there were others of the opinion that electricity to a pi eas i ng display. II in soliciting he group that f urther ass i stance i was not vital reported Regu- Councilman Harrison moved to deny the request, second by Councilman Cusick, carried on following roll call: Council Members Aye: Amstrup-Cusick-Harrison-14angini Council 14embers No : Crosby Counci I Members Absent: None 3. SUPERSON IC TRANSPORTS Counci I man llangini, methat the members voted requ i ri ng all SST' s Ialations on noi se. mb iond his right to light and sunshine because of uncontrol l ed plantings neighbor's property. He asked that he be granted the opportunity er of Airport Land Use Committee (ALUC), phold San Francisco Airport Commission in'ing in this area to meet Federal Aviation iIENRY iJ. l^JILKINSON, 1239 BERNAL AVENUE i'IEIGHBOR'S PROPERTY COMPLAINT RE PLANTINGS ON Just prior to the meeting, l'lr, t.Iilkinson submitted a written request-to oe heird by the City Counci l. Upon recognition by the Chair, l'lr. '"lilkinsonrecal I ed hl s appearance before the Ci ty Counci I at the meeti ng of July 21, I975, regarding a hedge on the neighbor's property. l'1r' l'lilkinson referred to correspondence received from city staff concerning this growth' described by the Park Director as "Distinctive Trees" of the specie Pittosporum eugeniodes. 14r, !Jilkinson protested he is being deprived of on theof aprivate heir onpublic hearing as a method of informing the citizens that trees property can grow to such heights to deprive adjoining owners of t 468 rights to enjoyment of their property. During a period of discussion, the City Attorney responded tinquiry on procedure, suggesti ng that the Counci I may make a thi s evening or reque s t staff to investigate fu rthe r. The reto be a consensus to return the matter to staff to prepare a report. o Council decision appeared comp)ete i4r. l.lilkinson raised a question also about the lack of covered parking on the property at l24l Bernal Avenue where there is neither garage norcarport. At the Chai r's request, 14r. Wi I ki nson agreed to submi t a wri tte n statement. iIEl,{ BUSIi,IESS I . DEFERRED COMPENSATION A memorandum from the City i.lanager dated November 14, 1975, informed the City Council that the Fire Union and Civil Service Employee.Association se I ected Grasberger & Associ ates, Pol ice and Fi re Admi ni strators chose :1ike Chandler & Associates and Central Bank. In an oral report, the Ci ty 14anager advi sed the Police Associ ati on voted for Grasberger. 2. APPEAL HEARING SCHEDULED Acknowledgment was made of a communication dated I'lovember 13, 1975, from Fred Harvey, An AI4FAC Company, appealing Planning Commission denial ofa sign permit for Airport 14arina Hotel at its meeting of November I0. A heari ng befo re the Ci ty Counc i l was schedu led for the regul ar meetingof December I, I975. FURTHER COMMENT ON I.IIRING FOR CHRISTMAS DECORATIONS BURLINGAME AVEIIUE i.lr. Harry pe rmi tted purchase S. toir. Graham, local merchant, asked if city employees will be i nstal l the wi ri ng if the merchants raise the money to There appeared to be no objecti on on the Counci I 's part, is to IIAYOR'S ANNOUNCEMENT I'layor Amstrup announced his intention of seeking re-eiection to theCity Council in l'1arch, 1976 because of a conviction that government becomi ng more compl i cated and that hi s experi ence woul d I end i tsel f maintaining an even keel as far as the City of Burlingame financial structure. APPROVALS I,JARRANTS Nos. 769 through I l1 7 i n were -approved f or payment on moti on Counci lman Harri son , all aye voi ce PAYR0LL Checks Nos. |3238 through 13934, 0ctober, S3TT,T5'4.77 approved on motion of Counci I man Cusick man Harri son, all aye voi ce vote. the amount of $407,918,36, duly audited,of Councilman Cusick, second by vote. 'I 975, i n the amount of , second by Counci i - San on an i4anager ACKNOI.lLEDGI'lENTS Communi cati onsI:--foa;l Tgency Formation Commission Fire Protection Study for i4ateo County. Counci I man Harri son commended Fi re Chi ef l,loorby excel lent analysi s of the study in his memorandum to the City dated Se p tember 24, 1975, 2. City Attorney report of November property at I25 Park Road. referred to fair market val ue of udy meeti ng. ^con ce rn r ng Eur rr ngame 4, 197 Decemerl and 5, on ber st 4 5 m Road,Comments of John Horgan, 47i Cumb venue mal l. City Planner report of Planning Commission meeting November I0, I975.. Minutes: Park & Recreation Commission, November ll, Planning Com-ission,0ctober 28, Synopsis of Department Head i'leeting, November 12, 1975. 0PERATING BUDGET: Mayor Amstrup asked that the Budget Commi ttee report 48f) be made a part of the fi nal operati ng budget. Counci I man Cusick had questions about certain iterns. l"layor Amstrup requested that the suDject be pursued further at the study meeti ng on De cembe r 3, and that the Fi nance li rector be i nvi ted. GOLF COURSE Councilman Crosby referred to Park & Recreation Commission minutes of i,lovenber 1l, .|975, wherein the Commission discussed the advantages of Plan E over L, the'Council's first choice. Mayor Amstrup explainedthat L, selected by the City Council, does not represent the total development, that is a porti on and can be expanded Iater. ADJ0URNI'1ENT: lleeting regularly adjourned at 9:20 P.M. Respectful ly submi tted, HERBERT K. I.IHITE, CITY CLERK By eput erkCity C 7,