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HomeMy WebLinkAboutMin - CC - 1995.06.0533 i BURLINGAME, CALIFORNIA June 5, 1995 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 ALLEG CE TO THE FLAG kd by Public Works Director Ralph Kirkup. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY PAGLIARO, SPINELU MINUTES The minutes of the Regular Meeting of May 15, 1995 were unanimously approved after a clarifica- tion of the vote to show there were no "no" votes on page three, end of the first paragraph regarding smoking "seconded by Councilwoman O'Mahony and carried 3-Q-l-1, Councilman Spinelli abstaining and Vice Mayor Pagliaro absent. " PUBLIC NG - APPEAL REGARDING SPECIAL PERMIT AND TW O VARIANCES FOR A SECOND FLOOR ADDITION AT I42I BERN AL - RESOLUTION,t4-9 APPROVIN G City Planner reviewed her memo of May 23 which recommended council hold a public hearing and take action. Bob and Candace Savoie, property owners, are requesting a special permit for separation between structures (2'9" requested, 4' required) and two variances, one for side setback (1'6" provided, 4' required) because the garage is not located within the rear 30 percent of the lot and a second variance for the depth of the garage (18'4" provided, 20' required) in order to build a 1,089 SF second floor addition and 7l SF frst floor addition to the existing house. The extent of the remodel qualifies this house as new construction. Since the addition extends the rear of the house, a special permit for the separation betwe€n the house and garage 2'9" requested, 4' required If the eaves are not counted, the separation between the walls of the rwo structures is 5'9". The Planning Commission voted 3-3-l to both approve or deny the request. Mayor Knight opened the public hearing. Bob Savoie introduced his wife and baby daughter; they are adding upward on their house in order to keep the large backyard, enlarge their family and have room for children to play; they want to keep the large trees in their yard; project meets all setbacks, lot coverage and height requirements; one neighbor objects because of loss of privacy, but if they made the project a one story addition, it would come much closer to that house; they are trying to keep architechrral character and style the same. He presented letters in support from other neighbors and responded to council questions. The next door neighbor to the south spoke in support. The hearing was closed. Councilwoman O'Mahony said she did not believe there was a change in character of the house, she was glad they were preserving the trees; the garage has existed for many years and is used. She 332 moved to adopt RESOLUTION 44-95 with condition in staff report. Seconded by Councilman Harrison who noted there are special circumstances in leaving the existing garage which is usable and serviceable. The motion carried 3-0-2 on voice vote, Vice Mayor Pagliaro and Councilman Spinelli absent. EI 26 AUTHORIZING TRUCK AND PASSENGER LOADING ZONES City Attorney reviewed his memo of May 2 which recommended council hold a public hearing and take action. Council recently adopted a valet parking ordinance which has a provision that the passenger loading zone must be approved by the city; this ordinance provides that the zone could be a uuck loading zone with passenger loading during valet hours, effectively combining yellow and white zones; this ordinance would give the city engineer the authority to create these mixed zones with confirmation through the TSP Commission after approval of the valet parking permit. Council asked what color the zone would be painted; City Attorney responded yellow with signage. Councilwoman O'Mahony asked about urgency of getting these zones through the TSP Commission. Staff noted that at times the commission will move an item from introduction to action at the same meeting which would speed the process. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1526. Seconded by Councilwoman O'Mahony and carried unanimously 3-0-2, Vice Mayor Pagliaro and Councilman Spinelli absent. PIIBLIC COMMENTS - None. ENCROACHMENT FOR FENCE IN RIGHT-OF-WAY AT 70 1 VERNON - CONTIN- UED TO NEXT MEETING Public Works Director reviewed his memo of May 3l which recommended council hold a hearing and take action. Theresa Early, applicant, had acquired a building permit to build a fence on her own property. The fence was instead built 8 inches from the sidewalk l'4" into the city right-of- way. (1'4" The fence varies in height from three to seven feet. The fence at this location does not interfere with city utilities, however staff is concerned that the 7 foot fence adjacent to the driveway would block view of pedestrians when a car is backing out. Public Works recommended council approve the request with the condition the fence sections adjacent to the driveway be lowered to 3' height or the fence be moved back to the property line for 8' on either side of the driveway. He said the applicant objects to this condition. Theresa Early presented a photo board showing her fence and similar fences in her neighborhood which appear to be built in the right-of-way; she said her driveway is very short and you cannot get speed up when exiting; she just bought the house and had fence built, would be a financial hardship to have to rebuild it. Public Works Director restated his concern that a child walking or riding bikes would not see a car exiting the garage. Early said her neighbor has a hedge even higher than the fence. Councilwoman O'Mahony said she was concerned about people building in the public right-of-way; she felt the fence should be moved; matter of safety to children, adults might realize a car could be in driveway but children don't think that way. Early said city engineers asked her to go around neighborhood and see other fences; she was told her property line was 12' from the face of curb, if they had said 2' from back of sidewalk she would have measured correctly. Councilman Harrison had walked though the area, he sympathized with applicant but agreed it could be danger 333 to children. He moved to approve the encroachment permit with the condition suggested by Public Works with changes to be made within 60 days. Seconded by Councilwoman O'Mahony. Mayor Knight lived in the same area and had also visited the site; she could see the applicant's point about other fences built the same way; really unfortunate problem. The motion carried 3-0, Vice Mayor Pagliaro and Councilman Spinelli absent. Early asked if all the other fences she photographed were approved by the city, some were built right next to the sidewalk. If her fence had been built 16 inches back, there would be no require- ment to lower fence or move it. This will be great expense to her. Ciry Attorney explained that council has already decided the issue. Council would have to move to reconsider the issue. The applicant's other recourse is through the courts. Mayor Knight said she was willing to wait for another two weeks when we have a full council and to have Public Works investigate these other fences to see if there were building permits and encroachment permits. Councilman Harrison said he was willing to reconsider the issue. Mayor Knight moved to continue the item and reconsider it at the next council meeting on June 19. Seconded by Councilman Harrison. City Attorney said it would have to be considered as a new item because two council members have not participated in this discussion. Councilwoman O'Mahony said she was concerned about people building in the right-of-way, she would not approve reconsideration. She thought anyone building in the right-of- way should be penalized. The motion canied 2-l-2 on roll call vote, Councilwoman O'Mahony voting no, and Vice Mayor Pagliaro and Councilman Spinelli absent. LIBRARY BOARD EXPIRATIONS City Manager reviewed his memo of May 12 which recommended council either reappoint these members or set July 25 as the deadline for applications to two positions on the Library Board. Kris Cannon and Shirley Robertson have terms ending June 30, 1995. Councilman Harrison moved to set July 25 as the deadline for applications. Seconded by Council- woman O'Mahony and carried unanimously. CONSENT CALENDAR Mayor Knight said she had talked to Charles Mason, Peninsula Hospital, who had some input he will send to council regarding "a." a AUTHORIZE PARTI ATION IN COUNTY STUDY OF FIRE ARAMEDIC'FIRST RESPONDER/TRANSPORT' SYSTEM ANCE OF TION 172 FUNDS (AB 2788) Finance Director's memo of May 17 recommended council adopt this resolution designating our Police and Fire Departrnents as our Public Safety Services for receiving Proposition 172 funds. b City Manager's memo of May 23 recommended council participate in a county-wide study of fire first responder/transport services at a cost of $5,024. Funding would be from the contingency reserve. The current county contract for paramedic services expires in 1997. Fire departments are looking at providing paramedic services to increase service levels and generate new revenue. 334 c RESOLUTION 46-95 AUTHORIZING AGREEMENT WITH DOUBLETREE HOTEL FOR INSTALLATION OF GAS ONITOR PROBES - CP 9117 Public Works memo of June I recommended council approve this agreement to install gas monitors in the Doubletree parking lot. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. Mayor Knight reported on Criminal Justice, announced the Community Picnic will be held September 17, noted the dedication of the Bill Key Memorial Bench at the train station and the Library legislative meeting. OLD BUSINESS Litter was reported in the area of Starbuck's. NEW BUSINESS Mayor Knight set an appeal hearing for June 19 for 346 Lorton for a take-out food permit. ACKNOWLEDGEMENTS a. Commission Minutes: Park and Recreation, May 18; Broadway BID, April 11 and May 9; Traffic, Safety and Parking, May 11; Planning, May 22, 1995. b. Proclamation from City of San Mateo. c. Letter from BART regarding meeting with city staff. d. I-etter from Martin Cohen regarding prohibiting dogs at Art in the Park and similar events. Mayor had spoken to Patricia Pinney who will post signs suggesting keeping dogs out of the event. e. ktter from Art Michael regarding the M-l District Committee. f. lrtter from Nancy Finney regarding BART stations and car thefts. g. ktter from the Library Foundation requesting support for a "Hard Hat Party" at the Library in October with alcoholic beverages for a fund-raising kick-off. Councilman Harrison moved approval with condition the foundation provide adequate insurance. Seconded by Councilwoman O'Mahony and carried unanimously. City Manager noted date may change, we don't want to slow the library project. h. lrtter from Jess Roat regarding removal of the Magnolia tree on Columbus. COUNCIL COMMITTEE REPORTS z?trJJJ I ktter from Burlingame Paint and Wallpaper regarding valet service, loading zones and parking. Two letters, from American Lung Association and from San Mateo County Tobacco Education Coalition, regarding teemgers and tobacco product accessibility. J k. Mayor Knight inquired about a business called "Kiosk" near Noah's Bagels, would it need a take- out permit. Staff said no, it appears to be another "smoke shop. " Memo from Finance Director and letter from Government Finance Officers Association about Burlingame receiving a "Certificate of Achievement for Excellence in Financial Reporting " made out to Linda ke, Senior Accountant. Councilman Hanison moved to commend Linda lre and the Finance Deparfinent for work in acquiring this award. Seconded by Councilwoman O'Mahony and carried unanimously. CLOSED SESSION At 8:35 p.m. Mayor Knight adjourned to a closed session regarding (a) labor negotiations with AFSCME and (b) public employee appointrnent - Personnel Manager. Mayor Knight noted with sadness the deaths of Rich McKinnon, former city employee and member of Burlingame Lions Club; Marion Nyhan, mother of Park and Recreation Commissioner Thomas Nyhan; and Eric Mausser, Burlingame businessman. After a moment of silence in their memories, the meeting was adjourned at 8:48 p.m. th A. Mal ADJOURNMENT IN MEMORY OF RICH McKINNON. MARION NYHAN AND ERIC MAUSSER City Clerk