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HomeMy WebLinkAboutMin - CC - 1987.08.1797 CALL TO ORDER A duly on the called noticed regular meeting of the Burlingame City Council was held above date in the City Hal1 Council Chambers. The meeting was to order at 7t35 p.m. by Mayor Gloria H. Barton. PLEDGE OF ALLEGIAN CE TO THE FLAG Led by City Planner Meg Monroe. ROLL CALL BURLINGAME, CALIFORNIA August L7, L9B7 PRESENT: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO ABSBNT: NONE ORDINANCE 1347 AMEND REQUIREMENTS AREA B OF BURLINGAME AVENUE COMMERCIAL AREA FOR INTENSIVE OFFICE USES COUNCILMEMBERS COUNCILMEMBERS MINUTES PUBLIC HEARING CONTINUED FOR AN OVERLAY ZONE IN SUB Minutes of the Regular Meeting of August 3, L987 were approved. TO REQUIRE SPECIA PERMIT City Planner reviewed her memo of July L4 in which she recommended council hold a public hearing and take action. In April 1987, council discussed the impacts of parking created by intensive office uses clustered together in Sub Area B of the Burlingame Avenue Commercial Area. Because of the nature of these businesses, they are able to employ more people on site than other businesses. Since parking requirements are based on averages, there is ofLen insufficient on site parking for Lhe employees resulting in substantial impact on street parking. The intensive uses of concern are real estate, financial and credit businesses. Since each business has different policies on how they use office space, not all may impact parking, therefore review is suggesLed so that impact can be determined on a case by case basis and conditions and limits on business can be established. The area under consideration is the properties fronting on Donnelly and Chapin and extending north on Primrose one block from Donnelly/Chapin to Be1levue. Existing businesses would not be affected, but they could not expand without a use permit. At the public hearing of August 3, complaint was made by a property owner that he was not notified about this proposed ordinance. Council directed that all properties affecEed be noticed of this meeting and continued the public hearing until tonight. Two letters in opposition were received, from Bertram Horn and from Tom Lowenstein. Councilman Lembi again noted that he would abstain from voting as he has business interests in this area. Mayor Barton opened the public hearing. Alan Horn, L325 Paloma, wondered if a credit business is any busi-ness which extends credit such as a drug store; City Planner responded no, credit business refers to financial types. He read a letter from concerned voters opposing this ordinance because it does not address the real problem which is parking and t.he need for a parking structure. John Kowa1ski,333 Lorton, complained about the office condo and bank next to his business which impacts parking, even using his 1ot. Mayor Barton explained this ordinance would require that type of business to get a special use permi-t, city would have some control over allowing this use and if it would impact parking it would not be allowed. He was concerned about impact this ordinance might have on zoning of his property. City Planner explained that it would only affect his properLy if he wanted to put in a real estate or financial type 9B business and then he would have to apply for a special perniE. that case Kor^ralski said he approved of the ordinance. Tom Sine, 304 Bayswater, reviewed the history of the property located across the street fron his home. He requested councilthe site restored to its intended use. In Mayor Barton closed the publlc hearing. Council members discussed Lheir concerns about parking impacts ofthese types of business; this ordinance will give ciLy more control; council 1s looking into a parklng structure, Mayor Barton noted othercity council rnembers have asked how BurJ-ingame keeps its businessdistrict so viable. She said it is because councj.l regulates closelythe impacts certain types of business cause and works to control theseimpacts. She did not feel this ordinance hras discriminating againsEcertain groups of people. Councilman Amstrup moved adoption of 0RDINANCE 1347. Seconded byCouncilman Mangini., carried 4-0 on ro11 call vote, Councilman Lembiabstalning from the vote. PUBLIC HEARING - DENIAL OF SPECIAL USE PERMIT TO ADD A GARAGE AT 309 BAYSWATER AVENUE City Planner reviewed her memo of August 10 in which she recommended council hold public hearing and take action. Charles Lewis, applicantand property owner, is requesting a special permit to add a 20 foot by23 foot (460 square feet) garage attached to an existing workshop (169 square feet) in the rear 30 percent of his 1ot. The two structureswould be built side by side but not connected by an interior door.The workshop has water, sewer and electrical connections for Iaundryfacilities nor+ located !here. The plans for the proposed garage showonly eLectricity in that structure. The proposed garage would replacean existing carport and a driveway paved with concrete would be partof the project. The property was subject to abatement proceedings inL976 regarding an i11ega1 dr,relling unit in the shedi it 1977 the okrnerreturned the property to single family use. Presently there is a shower and 1-aundry in the shed, the shower was installed vithout abuilding pernit. The present owner has owned the property since 1983. The Planning Commlssion granted the speci.al permit with conditions atits meetlng of July 27 and Mayor Barton called it up for councilreview. In response to council questions, City Planner noted the presenL ownerinstalled shower without pernits; the proposed garage rrould have tohave a one hour fire wal1 since it is one foot from property line; the10t coverage is 39.8 percent, 40 percent is maximum al1owed. Mayor Barton opened the public hearing. Applicant reserved comments until others lrere heard. which is require Charles Lewis, applicant, responded to council questions; shed has ashover, laundry and refrigerator; he prefers appliances located awayfrom his house; was not aware he was doing anyt.hing i1IegaI; he is wi11j.ng to remove shower and to pave driveway; shed w111 be used for storage; shed is in good condition and he hates to tear it down I is not. unusual to have similar accessory structure in his neighborhood. Mayor Barton closed the public hearing. Councilman Lembi had no problen with approving the special permit, it will get nore cars off the street. Mayor Barton had problem with all the illega1 hookups and other council members agreed that it would be better to build new garage and eliminate the shed. Councilman Pagliaro agreed there may second unit, must require removal of Councilman Lenbi rnoved to uphold the special use permit with conditions, be intenti.on to use shed for shower. Planning Seconded Commission approval of a by Councilman Pagliaro. 99 Motion failed 3-2 on rofl call and Mangini Yoting no. vote, Mayor Barton, Councilmen Anstrup Councilman Mangini inquired if it could be sent back to Planning by denying without prejudice. Acting City Attorney replied Lhat is an option. City Planner requested council not deny without prejudice unless it gives specific direction to Planning and applicant. Most council mernbers agreed that removal of the i11egal hookups was most desirable, need to bri.ng property up to code. Acting Attorney noted the present shed may be subject to abatement procedures. After discussion of findings required, Councilman Pagliaro moved to deny the special permit without prejudice, finding that there presently exists violations of the city building codes which could be abated by the applicant returning with a proposal to eliminate the shed and construct a separate garage. Seconded by Councilman Anstrup. Motion carried 4-t on ro11 call vote, Councilnan Lembi voting no. BALLOT MEASURES - DETERMINATION TO FILE ARGUMENTS AGAINST MEASURE S-- RENT CONTROL AND POSSIBLY AGAINST MEASURE T--FAIR PROPERTY RIGHTS City Manager reviewed his memo of August 5 in which he recommended council deternine whether to file arguments against the measures on the ba1lot--Measure S, Rent Control and Measure T, Fair Property Rights. The final daLe for submitting argumenLs is August 21, Councilman Pagliaro questioned the City Attorneyrs analysis of the Rent Control Measure. He disagreed with the fiscal impact section. The Acting City Attorney noted Lhe City Attorneyrs analysis is a statuatory duty, council cannot substitute, buE if council disagrees with the analysis it can advise the City Attorney of its concerns and he might revise some portion of the analysis. City Manager acknowledged a letter f rorn the Anti Rent Control group also objecting to the analysisi he noted the City Attorney will return before the bal10t naterial goes to the printer; council can discuss i.ts concerns wlth him when he returns. Councilman Pagliaro said if any citizen disagrees with the City Attorneyrs analysis they can seek a temPorary restraining order and a judgment in court. Councilman Lembi objected to four points regarding the analysis: (1) the rent commj-ssioners would be elected to staggered terms which would require special elections and this would be a financial imPact to the city; (2) single family homes and duplexes are indeed controlled by the proposed 1aw, although they do not have to register; (3) question regarding SB 505 and permitting removal of units from the market; and (4) the fiscal impact on the city for costs of elections, fronting the startup of the cornmission, costs of inspecLors and loss of property values in the city. Councilman Mangini also thought the Rent Control would cost the city; City Manager responded to council that this can wait untj^L the City Attorney returns, as he wi 11 be back before the analysis must go to Lhe printer; he noted the initiative does not say the city must pay for start up of the rent comnission, this would be a council decision. Acting Attoroey noted council nust make two decisions; whether to do an argument againsL the measurel second is what to do about the analysis, many points brought up tonight could be put in an argument against the measure, council can not bank on the City Attorney changing his analysis. Councilman Lembi urged council make an argument against Rent. Control. Councilman Pagliaro reviewed various sections of the proposed law which he found ambiguousl he thought it would be a field day for judges and lawyers; there are no definitions; it is a bad 1aw. 0ther council members agreed; Councilmen Lembi and Amstrup volunteered to work with the City Manager on an argument against Rent Control; council will continue this meeting to August 19 in order to take action on the argument. Councilman Lembi moved that council oppose Rent Control and prepare an argument agalnstt seconded by Councilman Amstrup, carried unanirnously. 100 City Manager asked council whether it uanted to take a position on Measure T, the Fair Property Rights 1aw, Councilman Pagliaro said he had problens with thi s neasure also; it has no definitions and he didnot want place limitation on what a future council can do. Council agreed it would discuss further at the continued meeting on August 19. APPOINTMENT OF DELEGATE AND ALTERNATE TO LEAGUE CONFERENCE Mayor Barton inquired who would be attending the League of CaliforniaCities Conference and would like to be voting delegate. Councilmen Mangini and Amstrup said they would attend. Mayor Barton appointed Councilman Mangini voting delegate and Councj-lman Amstrup as alternate. COMMISSIONER APPOINTMENTS PLANNING TRAFFIC, SAFETY AND PARKING Councilman Amstrup Commission. There acclamation. nominated A. C. being no other rrBud tt Harrison to nominees, Harrison Planning appointed by the was Mayor Barton noted that there was now a vacancy on the Library Board due to Harrison I s appointnent. Councilman Lembi nomj-nated Robert Payne and James Evans to the Traffic Commission. Councilnan Pagliaro nominated Edward 0rDonnel1. Ballots uere distributed and on the first bal"lot Edward 0rDonnell" received four votes and was appointed. Evans and Payne were tied with three votes each. 0n the second bal-10t, James Evans was appointed by a vote of three to tuo. TENTATIVE AND FINAL PARCEL MAP FOR 1616 ROLLINS ROAD City Engineer's memo of August 12 recommended council approve this map combining a 20 feet wide drainage easement with the property at L6L6 Ro111ns as both a tentat.ive and final parcel map subject to twoconditions, He noted that if this drainage easement is allowed to be used for parking it would intensify traffic congestion in the area. They would have to get a speci-a1 permit from city to use the easement f or parking. A representative of Munkdale, the property owners, noLed they have no objections regarding condition one. The owners do object to the requirement for access easements for SP as SP has tvo areas of accessto their easements. Director stated ci.ty is requiring access Lo thi s landlocked parcel. Councilman Anstrup moved approval of the Tentative and Final- Map with conditions. Seconded by Councilman Pagliaro, Motion carried 4-1 on ro11 call vote, Councilman Mangini voting no. SATURDAY PARKING ENFORCEMENT City Mana thaE staf During buthat Ch am Chamber o ger f r+i dget ber f Co rev j.ewed his memo of August 13 r+hich informed council 11 begin enforcement of Saturday parking after Labor Day. discussi-on council agreed to this enforcement and asked be informed and asked to comment. A l-etter from the mmerce dated August l0 agreed that enforcement is needed in the Ams trup , on Saturday. Council members hoped newspapers would notify public about this renewed enforcement; did not agree to putting notices in meters about Saturday, Mayor Barton noted she was sure most. peopJ-e assume the parking is enforced on Saturdays, she suggested that the f irst Saturday people be issued a warning and ticketing begin the next ueek. Councilman Lembi rnoved to start Saturday parking enforcement business dj.stricts after Labor Day. Seconded by Councllnan carried unanimously by voice vote, CONSENT CALENDAR Councilman Pagliaro Encroachment Pe rmi t asked removal of items rrc, Tree Trimmingrr and for 1440 Chapln." e, 101 a IN TR ODUCT I ON ON A PORTI ON OF OF ORDINANCE 1349 IlIGHLAND AVENUE ESTABL]SHING ONE HOUR PARKING Director of Public Works meno of August 12 recommended adopL an ordinance changing parklng 1lmit on Highland California and Howard from two hours to one hour. council between b INTRODUCTION OF ORDINANCE 1350 - AMENDING PROVIDE SECTION 2AO24,2 FOR FIRE FIGHTERS PERS CONTRACT TO City Manager's memo of August 5 recommended council adopt an ordinance amending our PERS contracE. 0n August 3 council adopted the required resolution of intention. This benefit j-s part of our last labor agreement with the firefighters in lieu of a salary increase of equal amount. The rate for the city without the optional benefit i.s 18.052 percent, the new rate is \9 .97 5 percent, thus the change in cost of the optional benefit is 1.923 percenL. The estimated annual cost of this additional retirement benefit is $69,356. Renoved. WARRANTS AND PAYROLL c d e f Finance Director reconmended council 36333, duly audited, in the amount of Checks 76878 - 77637 for the month of $807,874.86. Removed. RESOLUTION 88-87 - ]MPROVEMENTS - JOB approve Warrants 35955 - $1,417,281.31 and Payroll July 1987 in the amount of AWARDING CONTRACT FOR CORPORATION YARD OFFICE 7t2 Asslstant Civil Engineer's memo of August 13 recommended council award this contract to the 1ow bidder, ThursEon Construction, in the amount of $34,994 for Schedule A. Councilman Mangini moved items c and e. Seconded voice vote. approval of the Consent Calendar excepting by Councilman Lembi, carried unanimously by REMOVED CONSENT ]TEMS RESOLUTION 89-87 AWARDING CONTRACT FOR TREE TRIMMING JoB 715 Park Directorts memo of August 10 recommended city council awardthe bid to Timberline Tree for the low bid of $24.90 per man hour. $44,000 has been appropriated for tree trimming of eucalyptus trees throughout the city. The contractor would be required to perform a minimum of 120 hours and a maximum of 24O hours up to the the amount of $44,000 which cannot be exceeded. Councilman Pagliaro had concerns about !here being on Eree trlmning contract; City Manager noted city work and determine where work would be done. no specifications would supervise the e SPECIAL ENCROACHMENT PERM]T FOR SIDEI,JALK FINISH AT 1440 CHAPIN Senior Civil Engineerts memo of August 11 recommended council grant the requested encroachnent permit subject to standard conditions for a special sidewalk finish in front of this new of f ice building. Councilman Pagliaro wondered what kind of finish they are proposing for the sidewalk. Director responded exposed aggregaEet they would be required to repair any damage including street tree damage to sidewalk. This j-s a washed aggregate, different procedure than what was done on Burlingame Avenue. Council was concerned aboutpossibility of having many different sidewalk f ini-shes. The sidewalk has already been installed and was not shown on site plans. Council determlned to view the site and nake a decision at the continued neet.ing on August 19. L02 Councilman Pagliaro noved t.o approve the Tree Trimming contract by adoption of RES0LUTI0N 89-87. Seconded by Councilman Amstrup, carriedunaninously by voice vote. OLD BUSINESS F I REWORK S BICENTENNIAL OF CONSTITUTION STREET FAIR CounciLman Lembi complimented the Broadway merchants for the very successful street fair they had recently. NEW BUSINESS - RPC Councilman Pagliaro requested council authorize Mayor Barton to vote in favor of the t.ransit sales tax proposal at the upcoming Council of Mayor meeEing, a new committee wilL be formed. Council agreed. of the Councilman Amstrup distributed materials from a meeting aEtended regarding the BART proposal to the airport, he had MILLS CANYON SUBDI VI S] ON Councilnan Lembi noted he had read about the County approving a subdivision to be built in the area where the recent flre occurred. He wondered if the city had no control over this addition when there is not sufficient water for the area. He was concerned about how this fits into our General" Plan and the effect on the park. HETCH HETCH Y Councilman Amstrup noted materials from various agencies regarding the Secretary of Interior Hodel plan to disnantle Hetch Hetchy. There will be a meeting at CSM in late September to review this. Commission Minutes: Planning, August 10, Letter f rom SamTrans. Traffic, Safety, and Parking, JrLy 23i 1987 . Mayor Barton acknowledged a request for a proclamation in support the United States hosting Lhe 1994 World Cup. Council approved of proclamation and City Clerk will prepare for the next rneeting. ACKNOWLEDGMENTS a b residents of Chula Vista regarding noisy machinery at Staff responded to council questions, subsequent correspondence from the neighbors indicates that the noise is from round-the-clock employees, They are talking to SamTrans. Minor ModificaLion for 609 Burlingame Avenue. file an appeal after at 12 88 Bayshore. celebration at Kohl Mansion c d c Letter from Signco regarding desire to deadline passed for "WheeIs for Rent" Flyer for on August rrFour Little Pages'i musical 1B. Letters regarding Secretary Hodel's p 1an regarding Hetch He t chy water project from Mayor Feinstein and Bay Area Water Users. Letters regarding new proposals for county transportation tax f rorn Malcolm Dudley, RPC and Department of Transportation. h. Letter from Dane Ericksen suggesting parking for motorcycles. Mayor Barton complimented the Fire Department on our first fireworks free Fourth of July; she also suggested a letter of commendation besent to the comnittee on the Bicentennial as they are doing an excellent job. Staff responded city had written objections and will not a11ow connections to the water system until the system is up to standard. SOCCER WORLD CUP 1994 f. 103 I Treasurer t s Report, July 31, L987 . Police Report, July L987 . THE FLOOR ( 1 ) ADELINE DRIVE FIRE j FROM Thomas Notaro, 2848 Adeline Drive, unincorporated Burlingame Hi11s, wanted to know what action Lhe city has taken regarding the fire and lack of water in his area; he wanted a progress report by the next council meeting; he also demanded to know the progress of the agreement with the county for fire protection of his area. Mayor Barton inquired if he or his neighbors have been to the County Board of Supervi-sors with their problem; they are not residenLs of Lhe city but of the county. City Manager reviewed a five point program for various departmenLs to address the waLer problems; he noted the city is not obligated to provide fire protection to Lhat area and the city is reviewing an agreement with the county for this service. (2) IITHEELS FOR RENT Peter Baird, Wheels for Rent, noted he wrote and wanLed to have an appeal hearing because his sign company about the proper procedure. letter he was acknowledg ed not notified abo ve by Acting Attorney stated the time has lapsed for requesting an appeal hearing; applicant could either replace the sign as allowed under code, or file a new application which is significantly different from the one which was denied. (3) RECYCLTNG A Burlingame resident thanked council for the fireworks free Fourth; he requested council take some action regarding recycling; he reviewed other cities with recycling programs and lrlas very concerned about using 1andfi11. St.aff reviewed various upcoming programs, county is planning recycling program; in 0ctober the beverage contaj-ner act goes into effect and should help significantly. ADJOURNMENT TO STUDY MEETING The meeting was adjourned at 10:02 p.m. to the Study Meeting of August L9 in order to take action on the Bal1ot Measures and the Encroachment Permit for T44O Chapin. z?,_' Judith A. Malfatti City Clerk