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HomeMy WebLinkAboutMin - CC - 1993.05.03549 BURLINGAIT{E, CALIFORNIA May 3, 1993 CALL TO ORDER A duly noticed regul-ar meeting of the Burlingame City Council was held on the above date in the City HaII Council Chambers. The meeting was ca11ed to order at 7:35 p.m. by Mayor Bud Harrison. P],EDGE OF ALLEGTANCE TO THE FLAG I-,ed by Barbara Vogt from t,he Boutique & Villager Newspaper ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: HARRTSON, KNTGHT, LEMBT, O'MAHONY, PAGLTARO NONE MINUTES The minutes of the Study Meeting of April t7 and the Regular Meeting of April a9, 1993 were approved unanimously on motion of Councilwoman O' Mahony. PUBLIC HEARING - SECOND READING - ORDINANCE 1482 - ESTABLISH]NG FLOOR AREA RAT]O (FAR) AND MODIFYING SETBACKS IN R-1 RESIDENTIAL D]STRICT City Planner reviewed her memo of Aprj-I 23, 1,993 which recommend- ed council- review the proposed ordinance and direct staff. At. the March 24 study meeting, council directed an ordinance to address FAR for new construction of .32 plus l-,500 square feet (SF) on interior lots and FAR .32 plus 1,200 SF on corner ]ots, changes in setbacks as discussed by the technical committee, modification of setbacks on corner Iots, definition of rrnewtr construction, and development of a design guidelines handout for applicants. At the April 19 meeting council introduced a draft ordinance addressing all these elements except the design guide- lines which if council decides to pursue will have to be con- tracted out for graphic work. The draft ordinance proposed the FARs mentioned earlier and a maximum house size of 8,000 SF. FAR would be defined as gross floor area, exterior wal-l to exterior wal-I; new first floor setback at face of garage of 20 feet for asingle car giarage, 23 feet for a double car gfarage with one door and 20 feet and 23 feet for doubl-e car garage with two separate garage doorsi new second st.ory setbacks of 20 feet at the front and an average of 20 feet on the second floor at the rear andadditionally that where the first floor setback on the front isrequired to be 23 feet the portion of the second floor over the 23 foot first floor must also meet the 23 foot setback; corner1ot setbacks on the first and second floor the same as interiorlots except the street side setback on the second floor shal-I beL2 feet with up to 25 percent of the length of the second floorwaIl allowed to extend to within 7.5 feet of the side propertyl-ine; she showed overheads of the proposals; not.ed basements atgrade, covered porches of 100 SF or less and uncovered overheadbalconies, and attics of less than 500 SF were excl-uded; itdefined new and reconstruct.ion,. she suggest.ed council develop standards to guide staff regarding projects coming in before theeffective date of the ordinance. Council questioned the definition of basement areas, suggested a change in wording; discussed new construction and possibility ofadding onto new homes after some t.ime has passed; basements inhillside areas. Mayor Harrison opened the public hearing. speakers incruded Bernard Transano, 103o Laguna,. seamus Devine, 21-20 Adel-ine; Donna Gaul , ]-237 Laguna; Waldo Hinshaw, 1359Columbus,. Joe Karp, 1-209 Burlingame; Denis O'Brien, 2204 poppy; Margaret F1ynn, 1101 Drake; sarah stypa, 124L Laguna; Ann Keighe-dr, 1531 vancouver; ,fohn Pangrazio, 27L0 Easton; stephen Gettel, 550 2709 Hil]side; lrv Amst.rup. 2708 Trousdale; Alan olin. 1121 Killarney; Andrew St14>a, 1241 Laguna; ,ferry DeaL, 1-228 Paloma; Dan Mccaithy, 1388 Hillside Circle; Ron Karp, 450 Chatham; Denj-se Laugesen. 450 Marin; Maureen Ticer, 1532 Coronado; Mj-chael Gaul , 123, Laguna; Gl-orj-a Barton, 734 winchest.er Avenue. Some thanked councj-l- for consj-dering this 1aw but to make this applicable to al-1 residential construct.ion; how long is rrnew" construction going to sEay newi this is bad for housing industry; old houses are a heafth hazard; unfair to corner loEs; ordinance should be st.ronger, doesn't go far enough,' suggest puEEing this on balIot for election; does not address mass and bulk, only size, and will encourage box-l-ike houses; send mailing to all people Eo inform them about thj-s new law; Eoo restrictive, going to sEop all construction; this law is more l-iberal than oEher cities in area, too much misinformaEion going around about. t.his, this ordinance does noE stop people from making additions or building homes. Mayor Harrison closed Ehe public heari-ng and expl-ained the council sEarted this process months ago, established a committee of experts to make recommendat ions, this is much too comp]ex t.o puts on the baffoE, people el-ect. council- members to make these kind of decisions for them. Council discussed basements, use same definition in building code; basemenE area woul-d count if it is I'habitable" area; discussed basements which are partially sub- merged, if more Ehan 50 percent is above ground iE would count in calculating FAR; return language that was previously deleEed from ordinance; discussed printing a design guideline bookleE for public informationi accessory strucEures woul-d noE count. Councilwoman o'Mahony tshought. we should take more time to evalu- ate this 1aw, could support if there were design guidelines. Councilwoman Knight. said this ordinance has grown to exempt porches and attics, added loopholes that were addressed in the increase from 1,000 to 1,500 SF, it should include all- construc- t.ion. others thought it. was fair and reasonable; can always revj-se it down the road if it i.s not working. After more discus- sion, Councilman Pagliaro suggested there be a revj-ew for a remodel of 50 percent or more of home, that applj-canEs must. have complet.ed applicatj-ons in before Ehe effective datse of ordinance, he then moved to adopt ORDINANCE 1-482 wiE.h amendment.s proposed. Seconded by Councj-Iman L,embi, carried 4-1 on rol-I cal-I vote, Councifwoman Knight voting no. PUBLIC HEARING - RESOLUTION 25-93 - ESTABLISHING 1993-94 BROADWAY BUS]NESS IMPROVEMENT DISTRICT (BID) ASSESSMENTS Cit.y At.t.orney reviewed his memo of April 22, L993 which recom- mended council- hol-d a public hearing and take actj-on. The BID Board of Direct.ors has submitt.ed a proposed budget and assess- ments for the next fiscal- year; the assessments would be the same as l-ast year and for tshe same purposes as 1asts year. Oral- andwrj-tten protests may be made at this hearing and if more than 50 percent. of the value of assessments protesE, the assessment maynot be adopted. If there is no majority protest Ehe resofutionestablishing assessmenEs shou1d be adopted. Mayor Harrison opened Ehe public hearing, There were no commenEs and the hearing was closed. Councilman Pagliaro moved adoption of RESOLUTION by Councilman Lembi, carried unanimously by ro11 25-93. Secondedcall vote. PUBI.,,IC HEARING - CLUB AT 32I CALIFORNIA DRIVE City Attorney reviewed his memo of April 22 which recommendedcouncil approve the application. An application for a special use permit and parking variance was approved by the Planning Commission for this business on April- 12 subject to a number of conditions and the issuance of an amusement permit by council. The poJ-ice department reported that similar clubs were investi- gated and no problems were identified other than with private parties at one such business. Since extensive construction must take place before opening, he recommended approval with a review six months after opening. Mayor Harrison acknowfedged a memo from t.he City Clerk regarding five phone ca11s today objecting to this business because of parking, noise and oEher concerns; he noted those concerns should have been raised at the Planning Commission hearing for the special permit. Councifwoman Knight had questions about Eournament.s at the cfub, about security and amplified music disturbing the neighborhood. Councifwoman O'Mahony asked about additional permit requirements for tournament.s; she noted site was a car sales business before and wondered about t.he required parking variance. Mayor Harrison opened the public hearing. Shawn Newman, archi- tect for the projects, showed artisE's renderings of Ehe interior; he introduced oEhers wiEh him; they plan an elegant adul-t envi- ronment, valet parking wiEh a passenger loading zone on Cafifor- nia side which ;i11 minimize any parking probJ-ems; said this wilf be an upscate biffiard cl-ub with security and a maitre d' Eo direct. patrons to tabfes or waiting areas; responded to counciL questions about cost of valet parking and use of tabfes, food Jervice and the two private party rooms which would be visibl-e to staff at al-l- times. There woul-d be a waiter/waitress for each private room, they would serve beverages and appetizer type foods, there woufd be light music. Regarding tournaments, they are planning a private black tie opening event for the club. Their liquor l-icense only al1ows adults over 2L years of age on the premises. City Pl-anner noted Eheir use permit. is tied to t.he square footage by use including the bar area, the number of pool tables alfowed on site and the maxj-mum occupancy of the site. Council asked about means of advertising the business; he re- sponded radio and newspapers would be used. The hearing was cl-osed. Councilman Pagliaro moved to approve the Amusement Permit with conditions including by reference the Pfanning Commission's use permit conditj-ons, and the requirement that tournaments require special approval . Seconded by Councilman l-.,embi, carried unani- mously by ro11 call vote. PUBLIC HEAR]NG RESOLUTION 25-9 3 ORDER]NG THE DESTRUCTION OF NOXIOUS AND AND R BI H ON PR]VATE PROPERTY CP 9303 Public works Director reviewed his memo of April 27 w}:.ich recom- mended councif hold a public hearj-ng and adopt the resol,ution ordering destruct.ion of noxious and dangerous weeds and rubbish. He presented council- wj.th a list of 88 private properties which had been posEed with notice of this public hearing regarding removaf of weeds and rubbish. Councilman Pagliaro asked aboutthe vacant Sheff Gas StaEion siEe on EI Camino and also askedstaff to notify Hillsborough about an area near a bridge which needed weed clearing. Director explained the city's method ofhirj-ng workers to clear weeds and then billing E.he property owner. If the bill is not paid the cost is added to the owner,sproperty tax bil1. Mayor Harrison opened the public hearing. Peter Campanj-1e,Deli on Broadway, asked if the freei,ray off-ramp was includedthis weed cleanup project. Staff said t.he city cannot post. owned property. The hearing was cl-osed. Towerin statse Council-man Pagliaro moved to adopt RESOLUTION 26-93. Seconded by Councilman Lembi, carrj-ed unanj-mously by voice vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1483 - CONTROLLING ROLLER BLADES City Attorney reviewed his memo of April 1 which recommendedcounci1 hofd a public hearing and take action. In-l_ine skates orrofler bfades are becoming popular and our current ordinance doesnot cover this new technology. He proposed an amendment toinclude all such devices with the limitations we now place onbicycles and skateboards. Mayor Harrison suggested a minorchange in wording. 551 s52 Mayor Harrison opened the public hearing. There being no com- ments, the hearing was cl-osed. Councilman Lembi moved adoption of ORDINANCE 1483. Seconded by Council-woman Knight, carried unanimously by voice vote. PUBLIC HEARING -SECOND READING - ORD INANCE 484 REVI S ING LICENSING OF SPECIAL BUSINESS URGEN CY ORDTNANCE City AEEorney reviewed his memo of April 26 which recommended councif adopE this ordinance as an urgency measure. Staff has proposed substantial revisions to procedures for various business permit.s, the greatest change being in the massage esEablishmenE irea. The ciEy has recently closed t.wo such establishments which were engaged in i11egal activities. If this ordinance was adopted as a regular ordinance it would not go inEo effect untif 30 days after adoption. As an urgency ordinance it wiff take effect immediat.ely upon adoption and will not alfow a window wiEhin which new operators could open such businesses. He recom- mended an urgency clause be added to t.he ordi.nance. Mayor Harrison opened the public hearing. There being no com- ments, the hearing was closed. Councifman ]-,embi moved adoption of URGENCY oRDINANCE 1484. Seconded by Councilwoman O'Mahony, carried unanimously on ro11 caff vote. PUBL I C OMMENTS Karen Key, 1-4!2 Drake and Chamber of Commerce representative, said SamTrans will be canceling a portion of the 34D bus fine to the Burlingame bayfront area. She asked that council request SamTrans to review this decision because people need this line to get to Ehe hotel-s and offices in that. area; this does not seem a logical decisj"on when cities are working toward meeting traffic management goa1s. Council discussed briefly and requested staff write to SamTrans regarding this bus fine. David Constantino, represenEing the Broadway Merchants, said they are planning the Broadway Festivaf for the weekend of ,Ju1y 31- August 1 and were going to present formal request at the May 17 meeting. Since council may cancel- that meeting, he would like council to approve the date and E.he group will present the request at the ,June 7 meeting. Councj-l- was agreeable to the event datse. APPROVAL, OF 1993 INVESTMENT POLICY City Manager reviewed the City Treasurer's and Finance Director's memo of April 13 which recommended council approve a revision to the policy to incorporat.e the San Mateo County Treasurer's policy. RecenEfy the County Investment Pool- was expanded t.o include cities. The countyrs yield on investments has regularly outperformed the St.ate L.,oca] Agency Investment Fund and t.he city's average yield. This wou1d also add the advantage of having all county remitLances for the ciEy's property tax, traffic cit.at.ions, Measure A funds. and property transfer tax, placed directly into our account, t.hus eliminat.ing "fl-oat.rl Councifwoman Knight moved approval of the 1993 Investment Polj-cy. Seconded by Councilwoman o'Mahony, carried unanimously. City Treasurer commented on the importance of the 34D bus line spoken about earfier. TRAFFIC ALLOCATION FOR 620 AIRPORT BOULEVARD City Pl-anner reviewed her memo of April 23 which recommended council- review this request and take action. ln 1992 council granted a traffic allocation for a 24,38I SF restaurant at this site. The applicant has now requested the building be incrased in size by 2,800 SF and therefore he needs an amendment to his traffic allocation. Any action on the traffic allocation wilI 5s3 City Managerts memo of Aprif 22 suggested council- may want to cancel this meeting since only t.hree council members would be present. Council agreed and Council-man Lembi moved Eo cancel the May l-7 meeting. Seconded by Councilman Pagliaro, carried unani- mous Iy . REOUEST R UPGRADE OF HI 101 DIRECTI S IGN The Burlingame Chamber of Commerce Hotel Council memo of Aprif 20 requested the city underwrite t.he expense of upgrading the Uighway 1Ol- sign located at the end of L.,ang Road. They presented a proposal from Pagan ConstrucEion to renovate the sign at a cost of $8,200. Mayor suggested councif donate the funds to the Chamber, then the Chamber coufd contract for the repairs; the funds to come from the 2 percent hotel tax. Councilman Lembi moved to donate $8,200 to the Chamber of Com- merce to renovate Ehe directional sign on Highway 101. Seconded by Councilwoman o'Mahony, carried unanimously. CONSENT CALENDAR Regardj-ng "e" Councilman Pagliaro had some questions on the advisabil-ity of putting the railroad befow grade. After some discussion, Mayor Harrison removed ueu from the Consent Calendar for a separate vote . INTRODUCTION OF ORD INANCE 148 EXEMPTING LIONS HALL FROM5 b City Attorney's memo of April 20 recommended council inEro- duce this ordinance and set hearing on .fune 7. At a recent meeting council determined that the Lions Haff should be exempted from the flat prohibit j-on of smoking in city build- .ings when the building is rent.ed for private parties. RESOLUTION 27-93 AUTHORl Z I AGREEMENT FOR MAIN I,IBRARY RENOVAT ] ON SCHEMATIC DESIGN City Librarian's memo of April 28 recommended council approve a contract with Ripley Associates in the amounL. of $54.500 for professionaf architectural services for thelibrary renovation proj ect . RESOLUTION 28-3 . DEED OF' EXCIIANGE OF EASE NTS, 1109 PA]-,M DRIVE AND FI STATION 34 Public Works memo of April 28 recommended council approvetshis exchange of easements for proper clearance beEween FireStation 34 and the Frudenberg property for installation of afence, and acknowfedging the six inch overhang of the FireStation over the Palm Drive property for a length of lessthen fifteen feet. d. RESOLUTI 29-93 AUTHORI Z I G AGREEMENT FOR P LIC WORKS Public Works memo of April 29 recommended council_this non-binding mutual aid agreement wit.h cit.iescies j-n the County. approve and agen- not prejudice future action on the project. Mayor Harrison asked when- th6y expect to open t.he site; they responded 1995. Council- man Pagliaro asked abouE the proposed height of the buildj-ng' SEaff Eaid height limit in the BCDC jurisdiction within 100 feet of the shoreline i-s 35 feet, the rest of the area has a 50 foot maximum. Councilwoman Knight moved approval of the increased traffic al-l-ocation for 6)o Airport. Seconded by Councilman Lembi, carried unanimously. CANCELLATION OF MAY 17 MEETTNG a. SMOKING RESTRICTIONS C. MUTUAI AID IN SAN MATEO COUNTY 554 e Removed for separate vote. RESOLUTION 30-93 - AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY FOR ADMINISTRATION OF COMMUN]TY DEVELOPMENT B].,,OCK GRANT PROGRAM FOR FISCAI] YEARS ].994-1995 Cj-Ey Plannerrs memo of April 28 recommended council approve an agreement with San Mateo County for administration of the CDBG program for the next three years. Our city partici- pates in the housing rehabilitation l-oan program funded by CDBG funds. Tn L992, 5 homeowners received such l-oans. o RESOLUTION 31--9, - AWARDING CONTRACT FOR 19 93 STREET RESI'R- f f" Pubfic Works memo of April 29 recommended council approve this contract to Ehe fow bidder, Bortol-otto & Company, in the amount of $351,337.39 for repair of varj-ous st.reet.s throughout the city and for basketball court resurfacing at Burlingame High and in cit.y parks. TENTATIVE CONDOM]NITru MAP AND TENTATIVE AND F INAI, PARCEL MAP l- FOR I.,,OT COMBINATION AT 1 09 -1.21.1. BAYSWATER AVENUE Publ-ic Works memo of April 27 recommended counci1 concur with the Planning Commission and approve these maps subjecE to conditions. DENIA], OF C]-,,AIM OF C ROWN STERLING SUITES Citsy Attorney's memo of April 21 recommended council deny this cfaim resulting from a suit brought against. the hotel- by a patron who tripped in the parking 1ot. Councilman I-,embi moved approval of the Consent. Calendar excluding item 'e.u Seconded by Councilwoman O'Mahony and carried unani- mously . e RESOI,,UT]ON 32.93 AUTHORI Z I AGREEMENT WITH CITY OF SAN MATEO FOR PART CIPATION IN A RAILWAY GRADE SEPARATION S TUDY Pubfic Works memo of April 28 recommended council approve an agreement with the City of San Mateo at a cost of $1-0,319 topartj-cipate in a study of depressed railroad alignment in San Mateo extending into the City of Burlingame. The study costs can be taken from gas Eax funds and wou]d resuft in a planning document for our city. Councilman Pagliaro questioned the need for this study since railway tracks could not be underground in Burlingame because of the high water table. Mayor reviewed a meeting between the mayors, city managers and public works directors of both ciEies to discuss this study. Public Works Director said we might. have a problem undergrounding at Broadway because of the close proxim- ity to the Bay, he noted both San Mateo and Burlingame also have to contend wit.h several- creeks which traverse the tracks,' city policy for many years has been to eventually depress the Erain iracki. Councilman Pagliaro said why not waj-t unEil San Mateo completes this study and see what the study recommends; if study says not feasible, then it woul-d not be feasj-bl-e in Burlingame either and we coufd save the money. Councilwoman Knight men- tioned Mj-Ilbrae is el-evaE.ing the tracks and she wondered j-f depressing track would interfere. After discussion, Councilman Lembi moved to approve RESOLUTIoN 32-93 authorizing participation in study. Seconded by Councilwoman Knight, carried unanimously by ro11 cal-l- vote. COUN P RT Convention Bureau: Councilman Lembi tofd about meeting with the new executive director of t.he bureau. REMOVED CONSENT ITEM FACING PROGRAM _ CP 277 h. 555 Councilwoman Knight reviewed activities of the TSM board; she said she would dLstribute information to council about upcoming legislative issues and asked council to call her with any con- ."i.r=. She also report,ed on the Criminal ,Justice Council activi- ties. Mayor Harrison told about presenting a proclamation to a 10 year ot& eurlingame gir1, Al-Iison Torres, who received the President's Youth Servlce Award at a special ceremony at Saint DunsLanrs Church in Millbrae. Allison and her two Millbrae cousins col- lected 300 pounds of food for earthquake vict,ims. ACKNOWLEDGEMENTS a. Commission Minutes: Senior, April 15i Park and Recreation, April 15; Planning, APril 26, 1-993. b. Department. Reports: Fire, First Quarter l-993' c. Proclamations: (1) Mystery Week, May 8-15, (2) Letter carrier Food Drive oai, May 15, (3) Honoring Mothers and Grandmothers of OLA School. Letter from Marilyn Short regarding the FAR study meeting noise.Letter from Patrick Somers regarding airport Mayor asked staff write to Somers and include a newspaper article about airport noise. f. Several letters from residents concerned about Peninsul-a Hospital closing down. talking to seven people about the hospital city council is not interested in closing Letter from Ken Torre, Grand Jury, regarding conflict of interest disqualifications from LAFCo decisions. d e Mayor told about assuring them t.he hospital. g Council noted that just about, any decision LAFCo makes could affect your city in some way. h. Let.ter from Andrade requesting permission to sell pictures on street at corner of Broadway and California. Councilman Pagliaro asked that staff respond to Mr. Andrade that activity is not allowed on the street. CLOSED SESSION Mayor Harrison adjourned to a closed session on labor negotia-tions at 11:11 p.m. Mayor Harrison noted with sadness the death of former citylibrarian George Paul- Lechich. He also noted the death of Planning Commissioner Ruth ,Jacob's mother Eva Winslow. Council observed a moment of silence and then adjourned t,he meeting intheir memory at 1,1,:20 p.m. and the ,ludith A. MalfattCity Clerk