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