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HomeMy WebLinkAboutMin - CC - 1997.01.06BIJRLINGAME, CALTFORNIA January 6,1997 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 at7 02 p.m.by Mayor O'Mahony PLEDGE OF ALLEGIANCE TO THE FLAG lrd by the new City Attorney Latry Anderson. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of December 16, 1996 were approved after Mayor O'Mahony made a change on pug. 2 under Senator Kopp's comments that she asked "for his assistance in putting the BART tail track somewhere else besides Burlingame.rr WITHOUT PREJUDICE City planner reviewed her memo of December 20,1996 which recommended council hold a public hearing and take action. The applicants and property owners, Otto Miller and Kurt Steil, are ,.qr.Jrg a conditional use p"r-it and two special permits to develop three substandard lots which *"r" p."riously developed as a single lot. The project requires a conditional use permit because the three lots had been ur.d u, a single lot. Special permits are also required because all three lots are substandard in area (5000 SF required,44Og to 4396 SF actual sizes) and because protected trees were removed without proper approvals and these removed trees turned out not to be located within the proposed footprints-of the new houses. As proposed, the new houses meet all zoning code requirements. Each house provides two covered parking spaces. The applicant is required to ,.plu.. the two protected trees removed with four 36 inch box trees and to make provisions to retain and maintain two remaining protected trees and one significant tree along with two palm trees on the lot of 2504 poppy. Staff has suggested these new trees be distributed among the front yards of each lot. The planning Co-mission approved this project with conditions at its December 9 meeting. She acknowledged eleven letters regarding this project received from neighbors on Poppy' Mayor O,Mahony opened the public hearing. Kurt Steil, applicant, reviewed the time spent on this p.oj..t and the "ifort made to fit into neighborhood; hoped council would give approval' Others ip.uting' Stan Clark ,2501Poppy; John Rouse, 2511 Poppy; Jeff Griffith,2470 Poppy; Deborah Criffitfr, 2470 Poppy; Kathy niyiock, 1527 Newlands; Victor Neeley, 2515 Poppy; Linda Abbey, Z4L5 Adeline; Suzy-Kunda-Cvitkovic, 144 Costa Rica; Terry Nagle; John Casey, 2525 Poppy. 94 Their comments: architect has made an effort but still felt there could be improvement with less paving in front yards; would prefer to have two houses instead of three; only one two-car garage on block now, should be single car garages with less paving; should allow tandem garages which are more in character with this neighborhood or even allow one car garage; impact on neighborhood of more cars and people with this project because there are three houses where had been one, should only be two houses; substandard lots should not be allowed to be developed; houses should be set back further to show more lawn; though don't live on Poppy, interested in this type of development throughout city and how council responds to resident's needs; think city should have a design review board. Steil responded to comments; noting there were 2 two-car garages and curb cuts when 2500 Poppy was there. The hearing was closed. Mayor O'Mahony said life is about change; council has been working hard to resolve this issue. Staff responded to council questions about tandem garages, one car garages and relocating garages; discussed reasons why code requires a variance to allow tandem, so many illegal conversions of rear parking areas not meeting requirements for habitable area; discussed detached garages; asked the architect John Stewart about possible redesign for various parking changes; asked about location of entrances to these homes, would like have visible entrances so facades are less cold. Councilwoman Janney was concerned about continually changing the rules, she wanted to bring this to closure. Other council members noted the uniqueness of the street; could support a variance for tandem or reduced parking allowing area of second space to be incorporated into living area in order to fit into the neighborhood. Councilman Harrison said he had been prepared to support the Planning Commission action, but he could support a variance if the majority of council desired that. Councilwoman Knight moved to deny without prejudice and have the plans come back to council as soon as possible with one car garages and remaining area incorporated into living area, visible front entries and single car driveways with less front yard paving. The motion was seconded by Vice Mayor Spinelli and carried 4-1 on roll call vote, Councilwoman Janney voting no. DECLARATION AND SPECIAL PERMITS FOR VEHICLE STORAGE AND LANDSCAPING AT 1860 ROLLINS ROAD - RESOLUTION 1-97 APPROVING SAME City Planner reviewed her memo of December 20,1996 which recommended council hold a public hearing and take action. The applicant and property owner, Art Michael, Jr., is requesting to use two vacant parcels for vehicle storage for 235 cars to be used as overflow long term parking for customers of the El Rancho Hotel in Millbrae. The lots have frontage on Rollins Road and include part of a drainage easement and drain that has served the Rollins Road area since the land was filled. Within the site are two PG&E transmission easements, a 140 foot drainage easement, and an old 20 foot wide spur track that runs along the western edge of the drainage easement. The project is to pave the drainage easement and spur track area. At the front of the site there would be a 20 foot wide driveway extending the entire length of the site and ending at a turn-around for fire equipment. The remainder of the front would be landscaped. Landscaping would also be placed on the outside of the fence which extends between the site and the buildings that front on Rollins. The Planning Commission denied this request at its December 9, 1996 meeting. She responded to council questions. Mayor O'Mahony opened the public hearing. Art Michael, Jr., applicant, distributed photos, drawings and charts; noted every requirement has been met with all agencies involved in this project; said this is not like airport parking because it's not open24 hours a day, no customers Burlingame City Council 95 January 6, L997 City planner reviewed her memo of December 20,1996 which recommended council hold a public hearing and take action. Ramona and Jorge Hernandez, applicants, are requesting an antenna "*..piion in order to retain at its present location a 9.5 foot diameter, pole mounted (25 feet above graae) satellite dish antenna in the rear yard at 625 Burlingame Avenue. The antenna is painted trtact with non-reflective finish. The antenna was installed in 1993 in order to receive Spanish language programming. The antenna was installed with no permits. This is a code enforcement item. Since 1993 ttreiity has been pursuing enforcement of its antenna regulations; the applicants have pursued the matter in court. At its December g, 1996 meeting, the Planning Commission approved an antenna exception for the antenna if lowered to 16 feet 8 inches above grade and moved to a different location in tire rear yard of this property as shown in the Hammett & Edison existing and potential locations of satellite TVRO antenna diagram (figure 2) also referred to in John Duggin,s deposition of March 8, 1996. Deposition information was mailed to city council, applicant and appticant,s attorney on January 2, 1997 as an attachment to the staff report. The applicants upp.ui.o noting it wouto be too expensive to move the dish. Councilwoman Knight asked about discussion of issues council has priviously discussed in closed session. City Attorney said technical issues could be discussed openly; anything regarding the pending litigation should be discussed in closed session. Mayor O'Mahony opened the public hearing and asked if Mrs. Hernandez had received a copy of the deposition; she had. Ramona Hernandez, requested approval; she listed the expenses she would incur if the antenna were moved to another location on the propefiy; she commented in recent years no neighbors have complained. The hearing was closed. Vice Mayor Spinelli noted his concern about the applicant never having a wind-load study done and how visible the current location was from adjacent property; he moved to uphold the Planning Commission decision with conditions and findings listed in staff report. Seconded by Councilman Harrison and carried 5-0 on voice vote. City Attorney said he would prepare a resolution for the next meeting. January 6,1997 96 Burlingame City Council going back and forth; project is similar to auto storage for rental cars with vehicles moved at off- peak traffic hours. He responded to council questions. Maurice Gorualez spoke in favor. Gary Wolfe, AMS Bekins at 1873 Rollins, spoke in favor; he thanked the applicants for cleaning up the site; noted he has yet to see any cars enter or leave the site during his business hours which are 6:30 a.m. to 5:00 p.m. The hearing was closed. Councilwoman Janney moved to reverse the Planning Commission and approve the project by adopting RESOLUTION 1-97 with conditions and findings listed in staff report. Seconded by Councilman Harrison. Vice Mayor Spinelli noted it is unusual to have another city's hotel using our city for storing cars, situation may create more police work; he asked about security for the cars; Michael explained about fencing. In response to Councilwoman Knight he discussed the length of the agreemint with El Rancho. Mayor O'Mahony suggested this use be reviewed annually in December. Councilman Harrison noted this is private property; he asked about amending the motion adding a condition to add barb wire to the fencing and to review annually in December; Councilwoman Janney agreed. The motion was carried unanimously by voice vote' PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON A DISH ANTENNA EXCEPTION AT 625 BURLINGAME AVENUE PUBLIC HEARING . SPENDING PLAN FOR FEDERAL BLOCK GRANT FOR POLICE SERVICES Police Chief reviewed his memo of December 11 which recommended council hold a public hearing, no specific action is required. The Police Department applied for and received a Federal Block Grant in the amount of $18,906. There are specific requirements regarding these funds: (1) the department must select an advisory committee to make spending recommendations; and (2) council must hold a public hearing on the spending recommendations. The committee recommended $5,000 be used to supplement the GREAT program and $13,906 be used to fund overtime for increased uniformed police presence on foot or bicycle in the business districts. After the hearing is held the department will receive authorization to begin the projects. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. PUBLIC COMMENTS There were no comments from the floor CONSENT CALENDAR Council members commented on the library construction cost increases; hoped there were no more overrides. a.RESOLUTION 2-97 AUTHORIZING THIRD AMENDMENT TO CONTRACT FOR ARCHITECTURAL SERVICES - LIBRARY RECONSTRUCTION - CP 9305 Librarian's memo of December 17 recommended council approve additional fees for Group 4 Architecture in the amount of $148,750 to cover construction administration through the completion of the project in September 1997. There are sufficient funds in the construction budget. RESOLUTION 3-97 AUTHORIZING THIRD AMENDMENT TO CONTRACT FOR CONSTRUCTION MANAGEMENT - LIBRARY RECONSTRUCTION - CP 9305 Librarian's memo of December 17 recommended council approve additional fees for Richard Sampson Associates in the amount of $124,591 to cover additional city requested inspection and monitoring services and an increase in the scope of work not included in the original contract. There are sufficient funds in the construction budget. DENIAL OF CLAIM: PENINSULA CORRIDOR JOINT POWERS BOARD City Attorney's memo of December 18 recommended council deny this claim concerning an incident on February 20, 1996 when a large Eucalyptus tree fell across California Drive and struck several vehicles. Mary Devitt was one of the claimants and this is a subrogation claim. Since this is a situation of doubtful city liability, he recommended denial. b c Burlingame City Council 97 January 6,1997 d. LABOR CONTRACT WITH DISPATCHERS OEAMSTERS LOCAL 856) City Manager's memo of December 20 recommended council approve this five year agreement in accordance with prior council authorization and the adopted BPSEA labor agreement. Councilwoman Knight moved approval of the consent calendar. Seconded by Councilman Harrison and carried unanimously. Councilman Harrison reported on a school liaison meeting he attended with Councilwoman Ifuight; he also reported on the Convention Bureau meeting. Mayor O'Mahony attended installation of two local boys into Eagle Scouts; she acknowledged a letter from Tim Auran along with many other letters regarding the Caltrans proposal to remove trees along El Camino; she suggested an ad hoc committee devoted to this proposal. Council discussed at length. Councilman Harrison suggested sending copies of all letters to Caltrans. Councilwoman Knight suggested some members of Beautiiication Commission should be on committee. Councilwoman Janney thought Rich Quadri would volunteer to lead committee and would take some pressure off staff time. City Manager said staff has yet to meet with Caltrans and is still acquiring accident reports. Mayor O'Mahony directed this be put on a future agenda. OLD BUSINESS Vice Mayor Spinelli asked about the Commission Attendance Report; expressed concern about some commissioners absences. Mayor O'Mahony will send a letter to those commissioners. NEW BUSINESS - None. ACKNOWLEDGEMENTS a. Department Reports: Treasurer's, November 30, 1996' b. ptters from numerous citizens, and a copy of a letter from Senator Kopp to Caltrans, regarding Caltrans' proposed removal of trees on El Camino. c. Stter from Jess Sloan about observing people dumping paint in storm drains. d. 6tter from Erin O'Brien regarding fences and hedges obstructing a car's view of pedestri- ans. e. trtter from Dr. Ferguson objecting to leaf blowers, size of Sycamore trees on Concord Way, sleazy Christmas decorations on Burlingame Avenue and dogs running free in city parks. ptter from Jennifer Davis and Charles Schmelzer regarding their support of BART exten- sion plans. Letter from Charles Betcher, Chairman of "Rescue AC Transit, " regarding Samtrans and BART tunding. f ob January 6,1997 98 Burlingame City Council h. ktter from BART about their construction schedule. i. I-etter from County regarding the Graffiti Abatement program ADJOURNMENT IN MEMORY OF HARRY HASELEU Mayor O'Mahony noted with sadness the recent death of Harry Haseleu, long time resident, veteran of the Air Force and father of four children, one of whom is our Police Sergeant Eric Haseleu. After a moment of silence in his memory the meeting was adjourned at 9:10 p.m. ( Judith A. Malfatti City Clerk Burlingame City Council 99 January 6,1997