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HomeMy WebLinkAboutMin - CC - 1995.03.20292 COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELII NONE MINUTES The minutes of the Regular Meeting of March 6, 1995 were unanimously approved after an addition on page 5 by Councilman Hanison. PRESENTATION OF CERTIFICATE OF A WARD FOR OUTSTANDING FINANCIAL REPORTING 1993-94 Mayor Knight introduced John DeRussy, Finance Director of the City of San Mateo, who presented the Mayor with a "Certificate of Award for Outstanding Financial Reporting L993-94.- DeRussy said this award signifies a significant amount of technical effort on behalf of the city's Financial Department staff. Mayor Knight then presented the certificate to Finance Director Ratrn Becker and Senior Accountant Linda ke. They received a round of applause from the audience. PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT FOR FINANCIAL INSTITUTION USE AT 405 PRIMROSE ROAD - RESO UTION 20-95 APPROVING SAME City Planner reviewed her memo of March 13 which recommended council hold a public hearing and take action. Mary Bates, the applicant, is requesting a special permit to allow a financial institution at 450 Primrose, Suite 212. She would like to use a 216 SF interior office for her investnent management business. Her business will be open 9:00 a.m. to 4:00 p.m. Monday through Friday. She is presently the sole employee, within five years she may have another employee. She would have one or two clients at her office at the same time. She expects the maximum employees and clients on the site at one time will be three. No deliveries would be made to the site. The Planning Commission approved this request at its February 13 meeting. It was appealed by an adjacent property owner, Alan Horn, who expressed concern about parking impact and requested denial. Mayor Knight opened the public hearing. Terry Horn, property owner representing his tenant Mary Bates, said the project does not require a parking variance and so parking issue is not relevant; the business would have no impact on the area; Bates was agreeable to the conditions of the permit. He said the appeal was the result of estrangement within the family and that Alan Hom is only a 1/6 BI,]RLINGAME, CALIFORNIA March 20, 195 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Knight. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Police Chief Fred Palmer. ROLL CALL owner of the adjacent insurance business property. Mary Bates, applicant, was also present. There were no other comments and the hearing was closed. Councilman Harrison moved to uphold the Planning Commission approval by adoption of RESOLU- TION 20-95 with conditions. Seconded by Councilwoman O'Mahony and carried unanimously. PUBLIC HEARING - APPEAL FOR FRONT SETBACK VARIANCE AND PARKING VARI- ANCE FOR DRIVEW D IMEN SION AT 1232 CABRILLO - RESO ]TION21 -95 APPR V. ING SAME City Planner reviewed her memo of March 13 which recommended council hold a public hearing and take action. Jack McCarthy, designer representing the contractor Thomas O'Connor and property owner Elizabeth O'Sullivan, is requesting two variances to build a single family dwelling at 1232 Cabrillo. The variances are for front setback of 8 feet 8 inches (15 feet required) and for a substandard driveway width of 9 feet 2 inches (9 feet 6 inches required). The new house would have two stories and 2,9@ SF of living area with four bedrooms, three bathrooms, a game room and a family room. A finished basement with habitable area is also included in the project. The framing of the entire structure is in place. The issue came to the attention of the Planning Department when a neighbor asked how the house which was demolished could be rebuilt so close to the street. A plan check showed that most of the front wall and foundation and the left side of the house were being retained and unchanged as part of the remodel. The remodel and second story addition was to be at the rear of the structure. The existing front setback was 8 feet, 8 inches and the existing driveway width on the left side where the wall was retained was 9 feet, 2 inches. Retaining these walls and the one story portion at the front of the house allowed the applicant to retain the non-conforming front setback and driveway width without Planning Commission review. Subsequently the applicant noted they found a problem with the foundation of the front wall that was to be retained. They removed and rebuilt the existing wall and the left side wall and rebuilt a new foundation around the old. In the process they raised the foundation under these walls and new floor joists and stud walls were installed. The Chief Building Official inspected the site and stated that it was now a new house, not a remodel, and the project would have to comply with all the UBC and UFC requirements for new construction. City Planner reviewed the chronology of building permits and inspections. In October/November O'Cormor requested amendments to the rear and right side foundation to add a basement. No building permits were requested nor have any been issued for the work done on the front and left side foundation and walls. If these are to be retained, the applicant would need to submit plans, excavate a portion of the foundation for inspection, and get a retroactive building permit with penalty fee. The Planning Commission denied the front setback variance and approved the parking variance for driveway dimension. The applicants appealed to council. Vice Mayor Pagliaro noted council had received comments critical of the Planning Commission. He said the commission has very liule latitude in applying the city laws whereas council can be subjective, he thought the criticism was unwarranted. City Plarmer responded to questions about setback and about requirements for remodels versus new buildings. She said the permit was for a remodel, when everything was removed it became new construction. CBO Cullum said UBC allows you to extend an existing structure, but this was demolished and they created a new foundation and wall. Vice Mayor Pagliaro confirmed that the foundation remained in the same spot. Council- woman O'Mahony confirmed the permit granted was to remodel the back of the house and to retain most of the front. ?93 294 Vice Mayor Pagliaro said after hearing the testimony he thought the Planning Commission had acted correctly as it must follow the law exactly, and the building inspectors had acted as required; the reason for the law is to not encroach further into setback; he would favor overturning the denial because the walls are being built in the same place; he had visited the site and would like to have structural inspections of the new foundation, framing and plumbing. He moved to reverse the Planning Commission denial and approve the 8 foot, 8 inch front setback variance with suggested conditions, and to uphold approval of the parking variance 9 foot, 2 inch driveway dimension with conditions by adoption of RESOLUTION 2l-95. Seconded by Councilman Harrison who said he supports action of staff and the commission because they were doing what they are supposed to do; he was concerned about the code section discussed earlier and he felt the designer had made mistakes. Councilman Spinelli agreed this is a tough decision, but could approve because the fooprint is no more Oran it was before. Councilwoman O'Mahony was amazed at the methods used by some neighbors; city has laws which are meant to keep the city the way we love; we have to pay a price to keep the charm and ambiance; she felt there were falsifications to neighbors and it concerned her; with regret she would support the motion. Mayor Knight said she would support the motion; cautioned neighbors that if we are not careful about loopholes, people could build a huge home on the original foundations; she noted the council treats each of these issues individually. The motion carried unanimously on roll call vote. Mayor Knight opened the public hearing. Gregory Rocca, attorney representing the owners, was there with the applicants and the architect, Jack McCarthy. Rocca noted he had presented some materials on the project for council at the start of the meeting. He said the project was to retain the front and side walls, but they discovered dry rot in both walls so they removed the damaged areas and rebuilt; building is framed to roof line; he reviewed city code section 25.50.070 which provides for maintenance and repairs of nonconforming structures, it appeared to allow this; he said if council finds it cannot allow this a variance is appropriate; he said there were city inspections all along; building inspection records show walls were inspected; he said almost all neighbors approve of this project, he asked people in the audience in favor of it to stand and many people stood. Councilman Harrison said council had just received the materials he passed out and has not had a chance to review them. Vice Mayor Pagliaro asked the architect if the front footprint of the building had changed. McCarthy said the foundation had been extended vertically, but is same footprint. Councilman Harrison wondered how many buildings McCarthy had built in our city; McCarthy responded about 7 or 8; Councilman Harrison thought he should be well aware of building laws; McCarthy said law requires if there is termite damage, a building must be repaired. City Planner noted the code limis repairs and distinguishes between repair and new construction in terms of zoning and other requirements which must be met. Mayor Knight wondered what the building looked like before it was torn down; she asked about floor area ratio. Mccarthy distribut- ed graffic of old building and rendering of proposed new building. The applicants spoke, said they are just trying to do everything right; said the foundation is in same location; they thanked all the neighbors for coming in support. Speaking in support was Hans Geiger, Sigrid Geiger and another neighbor on Cabrillo, and a resident from Vancouver. They said the new house will be beautiful, if city requires front to be moved back will be flat and look terrible; had presented letters and petitions signed by 44 residents in favor. City Planner responded to a question about submitting revised plans. Speaking in opposition was Mrs. Richardson, 1220 Cabrillo, she said the applicants should have known this house would need to be torn down; the house was falling apart for long time; she thought the setback variance should not be granted. Gregory Rocca asked if the repairs to the walls had been applied for before and two years later the remodel was requested would the repair have been allowed; staff responded yes. Rocca thought that made a case for a variance. The hearing was closed. 295 Public Works Director said the majority of building inspections are done on an on-going basis and the inspections called for were for the back portion which had permits; they have not been called for inspection of this property since the framing on the front was done so they have not seen the areas that Vice Mayor Pagliaro mentioned. PIIBLIC COMMENTS - None. Council recessed at 8:38 p.m. and reconvened at 8:47 p.m. REVIEW OF LIBRARY RENOVATION PROJECT Wayne Gerke, Group 4 Architects, showed floor plans of the interior and elevations of the exterior for the new library building; reviewed time line, schedules remain the same; said they have 60 percent of working drawings completed; said landscaping would remain the same but the lightening damaged redwood tree would be removed; that the surface parking lot would be used by contractor during construction, but the structure area of parking lot A would be available for public parking; responded to questions about the budget; that two parking spaces in the surface lot would be permanently lost because of changing them to one handicap parking space to meet ADA require- ments; discussed interior colors and use of wood; temporary library construction will begin in May and the Iibrary would move in luly. City Manager said at the next meeting he would bring information on financing this project. INTRODUCTION OF INANCE 1520. ESTABLISHING ONE-WAY EXIT FROM PARKING LOT 'P'TO LAGUNA AVENUE. AND WEIGHT LIMITATIONS - RECOMMENDED BY THE TRAFFIC. SAFETY AND PARKING COMMISSION Public Works Director reviewed his memo of March 14 which recommended council review the recommendation and introduce the ordinance or direct staff. The TSP Commission recommended a 12 foot easement from Parking l,ot P through to kguna Avenue be made one way for the lot to laguna and that trucks using the easement be restricted to five tons maximum size. The property owner of this easement asked the city to close or restrict access because of hazards of two-way traffic and trucks damaging the apartrnent house. Councilman Spinelli asked if staff had considered using speed bumps to slow the traffic through the easement; Director said they could be used there. Councilman Harrison moved to introduce ORDINANCE 1520. Seconded by Councilwoman O'Mahony. Mayor Knight mentioned some foliage which obstructs views of oncoming trafflrc. Director said the property owner will trim it. The motion carried unanimously on voice vote. PROPOSAL FOR RENEWING AUDIT SERVICES - RESOLUTION 22-95 AUTHORIZING AGREEMENT Finance Director reviewed his memo of March 2 which recommended council review the proposal from KPMG Peat Marwick for audit services and approve the resolution renewing the contract or direct staff to obtain additional proposals. The three year agreement with KPMG Peat Marwick has lapsed. They have provided a proposal to extend the agreement for another three years. As proposed, the cost for the 1994-95 audit represents an irrcrease of 6.2 percent. The audit covers the city's general purpose finance statements, three hotel tax audits, two compliance audits required by law and if needed, a Federal Single Audit. Staff is satisfied with the performance of KPMG Peat Marwick and their regular rotation of staff insures a fresh perspective each year. They have been careful to place at least one Burlingame-experienced staff member on the audit team each year. This is council's decision, since the auditors are retained by council to review staff accounting practices and procedures. Councilwoman O'Mahony commented on the increased costs for the third 29 (, year of the contract. Staff noted that year also included the hotel audits. Councilman Harrison moved approval of RESOLUTION 22-95 approving the agreement. Seconded by Councilman Spinelli and carried unanimously. CANCELLATION OF STUDY MEETING CHANGE DATE OF BUDGET STUDY MEETING City Manager's memo of March 10 recommended council indicate if we can move the budget study from June 7 to lune 14 since Vice Mayor Pagliaro would be traveling in early June. There was discussion of the June 5 regular meeting date which Vice Mayor Pagliaro and Councilman Spinelli would miss. Council decided to discuss at a later meeting. Councilman Harrison moved to change the budget study date to Iune 14. Seconded by Councilwoman O'Mahony and carried unanimously. CONSENT CALENDAR ONTRACT FOR Public Works memo of March 14 recommended council approve the resolution awarding this contract to the low bidder Satterfield & Company for the bid of $29,511.50. This project will run a new sewer line between 19 arf, 2l El Quanito to the sewer in Canyon Road. b DISCONTINUE APP LICATION PROCESS FOR "COPS FAST - GRANT PROGRAM Police Chief's memo of March 13 recommended council discontinue the application process for this grant program because any long term benefit would be lost with only a 40 percent salary contribution and a requirement that we retain the new police officer position for a certain number of years. c. DENIAL OF CLAIM OF JANEECE MARMOLEJO City Attorney's memo of March 13 recommended council deny this claim for injuries allegedly received when a youngster fell from a bicycle on September 10, 1994. ENCROACHMENT PERMIT FOR 7 PI-ANTER BOXES. IO PLANTING POCKETS AND 9 RECESSED LOW VOLTAGE LIGHTS IN PLANTING POCKETS AND PLANTING STRIP AT 327 LORTON Vice Mayor Pagliaro moved to cancel the study meeting of March 22 as recommended by the City Manager in his memo of March 13. Seconded by Councilman Harrison and carried unanimously. Vice Mayor Pagliaro asked about "d" the encroachment permit for planters and the possibility of people tripping; he also asked that the insurance required for the special event pennit "e" name the city as additional insured. AT 17 & 19 EL OUANITO . CP 9306 a. d. Public Works memo of March 9 recommended council approve this request subject to conditions. 297 SPECIAL EVENT PERMIT FOR BICYCLE RACE ON SUNDAY. JUNE 25. 1995 City Manager's memo of March 14 recommended council approve this request subject to conditions. This race has been held for the past six years with few complaints. f.WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 36657 - 37092, duly audited, in the amount of $592,361.01 and Payroll Checks 73912 - 74661 for the month of February 1995 in the amount of $1,156,976.93. Councilwoman O'Mahony moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor Pagliaro reported on an ABAG executive committee meeting where the budget was approved and where he was the only one to vote against a raise in the meeting fee paid. Council- man Harrison reported on a SAMCEDA meeting he and City Planner attended. Councilman Spinelli reported on the kgislative Committee meeting and its action on various bills. Council- woman O'Mahony told about the C/CAG meeting and the consultant's report on the BART EIR; they found inconsistencies in traffic analyses. Mayor Knight told about the Arbor Day celebration and Franklin Field dedication that several council members attended, Criminal lustice, SamTrans, and several meetings about BART, and she and Councilman Spinelli had met with lantos. OLD BUSINESS City Manager had heard from Washington DC regarding transportation funding hearings which will take place on Wednesday and Thursday this week, they will allow the city five minutes to speak. City Manager said they would also be accepting written comments until March 31. Vice Mayor Pagliaro suggested we write and include graphics comparing the routes of Caltrain and BART. Council agreed and Councilman Harrison suggested we express mail it. Councilman Spinelli said we need to get cities to the south involved and concerned about this issue. Mayor Knight said there will be a SamTrans meeting April 19 at noon and on April 28 they will select the BART alternative. Tomorrow there will be a special meeting of BART. She noted the BART board never received her letter of March 7, so she will deliver copies. RESOLUTION 24-95 - IN SUPPORT OF UPGRADING CALTRAIN AND TERMINATING BART AT COLMA Mayor Knight asked if council would support a resolution as suggested by TRAC in their letter listed under acknowledgements. Council unanimously agreed to add consideration of this Resolution to the agenda. Vice Mayor Pagliaro suggested a change in one sentence of the proposed resolution. Council then unanimously approved RESOLUTION 24-95 "ln Support of Upgradrng Caltrain and Terminating BART at Colma.' Mayor Knight said BART will also have another special meeting on March 3l regarding additional funding of $44 million to study the Tanforan to Millbrae Alternative. e. 298 a NEW BUSINESS Councilwoman O'Mahony said residents in Hillside/Vancouver area experienced a power failure during the storm a week ago. Vice Mayor Pagliaro discussed the two letters regarding sidewalks in the Ray Park area. He asked about the letter about Cafe Marimba's sign. City Planner confirmed the restaurant has a sign permit. In response to a letter to the editor, Councitnan Harrison read a statement that the Chamber of Commerce does not receive subsidies from council, that we have an annual contract with the Chamber for services. ACKNOWLEDGEMENTS Commission Minutes: Beautification, March 2; Broadway BID, February 14; Traffic, Safety and Parking, March 9; Civil Service, February 14; Planning, March 13, 1995. Deparfinent Reports: 28,1995. Building, February 1995; Police, February 1995; Treasurer, Februaryb c d e Letters regarding Cafe Marimba. Mayor Knight asked staff to respond to the letter about the sign. ktter from Louis Musso, 12 Valdivia, regarding sidewalk repairs. ktters from 'TRAC," Senator Kopp, the Beautification Commission and the public regarding BART. ktter from Richard Schwartz regarding accidents at Hillside and Cortez. Refer to TSPC. ktter from Humane Society thanking Park Department for assistance in rescuing a trapped bird. Council mentioned an editorial complaining of this assistance. Letter from Ray Ferguson regarding sycamore trees; memo from Park Director. Council asked staff to respond to Ferguson. CLOSED SESSION At 10:10 p.m. Mayor Knight adjourned to a closed session regarding labor negotiations with Fire Fighters. ADJOURNMENT The meeting was regularly adjourned at 10:25 p.m. Judith A. Mal City Clerk f. 6 h