HomeMy WebLinkAboutMin - CC - 1981.03.02185
BURLINGAME, CALTFORNIA
March 2 | 1981
CALL TO ORDER
A regular meeting of the Burlingame City Council was held on the
above date in the City Hall Council Chambers. Meeting was calledto order at 8:00 P. M. by Mayor R. D. Martin.
PLEDGE OF ALLEGIANCE
Led by Alfred J. Palmer, Police Chief.
ROLL CALL
COUNCIL I{EIvIBERS PRESENT :
COUNCIL MEMBERS ABSENT:
MINUTES
AMSTRUP, BARTON, CROSBY, MANGINI , MARTIN
NONE
Mj-nutes of the regular meeting of February 17, 1981 were approved
and adopted.
ORDINANCE SECOND READING HEARING
ORDINANCE NO. 1198 ''ORDINANCE ESTABLTSHING RENTAL HOUSING RE-
AND TENANT PROTECTION MEASURES ON CONDOMINIUMPLACEMENT STANDARDS
CO}IVERSIONS. ''
City Planner reviewed events leading to introduction of thisordinance. He noted City's standards for new condominium con-struction, and identified problems with condo conversions as:1. Displacement of tenants; and 2. Removal of housing stock.This ordinance, he said, addresses both problems, Ers it predicates
conversion of existing apartments on an excess of new apartmentsconstructed. It also establishes tenant protection requirements.Also this ordinance addresses the concepts of the City's Housing
Element and could be easily administered.
Mayor Martin acknowledged receipt of approximately 25 letters,mostly from Northpark renters, opposing this ordinance.
City Planner read in ful1 memo of 2/23/Bl from City Attorney
which briefly reviewed provisions of the ordinance. It noted
many of tenant protection measures are prescribed by State Iaw,the importance of Section 26.30.075 providing for numbers ofconversions versus apartment units, and the holding of applicationsby Planning Department pending surplus of new apartments. CityPlanner noted that no new apartments have been constructed in
Burlingame since 1979, and. only two projects were completed in
197 8.
Councilwoman Barton considered Section 4, Page 3 of ordinancelimiting increase in rents would engage the City in rent control,
and moved deletion of this section, second by Councilman Amstrup.
In response to question from Councilman Mangini, Mayor Martinstated that procedure would be to have public hearing afterwhich Council could discuss ordinance amendments. Mayor l*lartin
opened public hearing, asking first for comments in favor of theordinance. There were none.
Comments against the ordinance were orefaced by Jim Wager, 1060Carolan, representing Northpark tenants, who introduced D. L.
Walker of D. L. Walker Construction Comoany.
Mr. Walker addressed the availability of apartments which couldconceivably be converted, stating that because of change in
zonj-ng ordinance in L973 requiring additional parking for apart-
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ments, no apartment constructed before that year could eco-
nomically be converted since it must be brought up to current
code. He said that from a construction standpoint it is also
uneconomical to build new apartment buildings, hence this
ordinance effectively prohibits condo conversions. He also
quoted figures developed by one of his employees, corroborated.
by report from City Planner, that if every apartment constructed
since 1973 were converted to condos 46? of City housing stock
would sti11 be rental units in multi-family buildings. There
followed corunents by tenants of Northpark and otherwise in-
terested individuals.
Senta ciLmore, 1090 Carolan, said she was over 60 years of age,
and presented Council with a petition containing 44 signatures
from senior citizens in Northpark asking Council approval of
conversion because of lifetime lease to them. She said this
represented 92% of renters of such age.
Ed Tatum, 1025 Cadillac Way, 71 years o1d, said this ordinance
would destroy the free enterprise system, would deprive senior
citizens of the opportunity to own their own homes, and woulddrive many other people out of Burlingame.
Other speakers were:
Tracy Thompson, f060 Carolan; Gretchen Fieldhart, I085
Road; Jim Main, 1045 CadifLac In]ay i George Meadows, 10]5
Way; Di Showers, 1055 Rollins Road; Eugena l.{arino, 1085
Road; Frank Vj-gnand, 1015 Cadillac Wayi Martin Kantoff,
Carolan; Jim Wager, 1050 Carolan.
Motion to exclude section 4
following rol-1 call vote:
Rol I ins
Cadil lac
Ro 11in s
109 0
Most of their remarks were qeared toward. the benefits of con-
version to tenants, purchasers and the community - with emphasis
on lifetime leases to senior citizens, the opportunity for members
of the community to buy property in an othervise out of price
marketi and limited rent increases. Other comments were that
conversion would guarantee upgrading of a deteriorating apartment
compl,ex; conversion will reduce crime because of better security;
tenants and developer want to work with the City in developing
an ordinance acceptable to all.
Charles Pinkham, attorney for Northpark Tenants Association,
addressed Council with a plea to work together with his associ-
ation, staff, and developer toward a feasible ordinance that
would be satisfactory to all-. IIe assured Council that all con-
cerned want an ordinance with strict controls.
Jim Massenqill, with FCH Services fnc. and a resident of Northpark,
noted Council! s efforts to protect the renters of Burlingame but
stated the renters actually want the opportunity to protect them-
selves. Re depletion of rental units, his attitude was lhat con-
version would take the renters out of the market along with the
rental unit. He urged cooperation, and considered Burlingame had
the opportunity to develop a landmark ordinance.
There were no further corunents and public hearing was declared
closed.
Councilwoman Barton spoke at length, affirming her belief in
free enterprise but also her conviction that an ordinance with
provision for special groups, limitation on rents, and other
Londitions was inclusionary zoning and opposed to free enterprise.
She spoke of difficulty of City enforcement of such an ordinance
and of troubles other cities are having with condo conversions.
Councilman Amstrup agreed with her statements on free enterprise
and disapproved of setting up an ordinance with all these con-
ditions. He commented that if 50? of units are rentals, it means
absentee ownership.
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t
t
fai le d
Page 3 of Ordinance tt98lon the
AYES :
NAYES:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COI]NCILMEMBERS :
A.I{STRUP , BARTON
CROSBY ,I,IARTIN
MANGIN 1
Councj-lman Mangini stated he was not opposed to conversions but
wanted to make it has hard as possible. He noted moratorium would
not expire until June 2t 798I, and favored some kind of compromise,
stating his concern was with alf the citizens of Burlingame. He
questioned possibility of future discussion if this ordinance werepassed. Mayor Martin noted that any ordinance can be repealed.
Councilman Crosby stated he was not opposed to conversions
restrictions, but this ordinance virtually prohibits them.
with
for Council fi rst
condominium con-
Mangini,
defeated on
On motion of Councilwoman Barton, second by Councilman Amstrup,
ordinance 1198 passed its second reading and was adopted on the
following ro11 call vote :
AYES: COUNCILMEMBERS:AI4STRUP , BARTON , MANGIN I
CROSBY, MARTINNAYES: COUNCILMEMBERS:
RECES S
After a short recess at 9:15 meeting reconvened.
At this point Councilman Manginj- introduced a motion to reconsider
Council action, second by Councilman Crosby. He stated he would
like to have the City meet and confer srith a1I principals to work
on a solution. Motion carried on the following ro11 call- vote:
AYES: COUNCILMEMBERS: CROSBY,MANGINI,MARTIN
NAYES: COUNCILMEMBERS: AMSTRUP,BARTON
Councilman Mangini agreed with Mayor Martin's suggestion.
Councilman Crosby thought a conference
only way to accomplish results.of attorneys would be the
Councilwoman Barton was anxious that some decision be made.
Councilman Amstrup thought it would be preferable
to decide whether or not they vrere going to allow
versions.
on motion of Councilman Crosby, second by councilman
ordinance No. 1198 failed its second reading and was
the following ro11 call vote:
NAYES: COI]NCILMEMBERS: CROSBY,MANGINT,MARTIN
Mayor Martin gave consensus of Council that City Attorney, attorney
for tenants group, and attorney for the developer shoufd confer to
the end of drafting an acceptable ordinance.
CHANGES PROJECT 103HEARING
TRAFFIC,
RECOMMENDATIONS FOR DOWNTOWN PARKII1G
SAEETY, AND PARKING REPORT
Memo of 2/25/81 from Director of Public works reviewed this second
phase of Traffic, Safety and Parking recomtnendations to Council on
parking in downtown Burlingame.
LB7
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Mayor Martin suggested that, if Ordinance 1198 did not pass,
attorney for City meet with attorneys for tenants association and
FCH to come up with an ordinance or ordinances to submit to Council
for discussion.
AYESs COUNCILMEMBERS: AMSTRUP,BARTON
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188
Changes involved installations of one-hour meters on Chapin
Avenue, installation of 24 mj,nute meters in certain locations
on Chapin and Park Road, and removal of two hour meters and sign
on California Drive from Howard Avenue to Peninsula.
Barry Ear1y, owner of I'ederal Auto Parts, California Drive, andpresident of Charber of Commerce, noted transmittal of petition
signed by manlz businessmen in favor of these re commendations .
Harry Graham, Planning Commissioner, spoke in favor of these
recommendations , noting misuse of free City parking 1ots.
Council discussed briefly.
Councilwoman Barton moved these recommendations be approved,
second by Councilman Crosby, carried unanimousJ,y. rt was
noted ordinance would be prepareil imolementing this action.
ENTERTAINMENT PERMITS
]-. THE EGGPLANT, 1310 OLD BAYSHORE HIGHWAY
Letter of February 17, 1981activity at this restaurantmit for another year.
from Police Services Bureau reviewed
and recommended renewal of the per-
the Eggplant
for Johns
c arried
2. GOLDIES SALOON, 241 CALIFORNIA DRIVE
Police Services Bureau letter of February 23, 1-98L reviewed.police activity at this establishment, and recommended renewa]
of this permit for six months.
3. JOHNS PLACE, 348 LORTON AVENUE
Letter of February 23, f981 from Po1ice Services Bureau de-
scribed police activity here since January, 1980, noting in-
crease of calls, but recommended renewal of permit for six
months .
Mayor Martin noted receipt of fetter of March 2, 1981 from
Juanita Garbuio, owner of the buil-ding, who stated this tenant
would be evicted as of ApriJ- 1, 1981. He stated, however,
that entertainment permit could be renewed, and if tenant were
evicted it would lapse.
Councilman Amstrup moved approval of the permit for
for one year, of Goldies Saloon for six months, and
Place for six months, second by Councilman Mangini,
unanimously.
4. COUNTRY ROAD,INC. DBA THE NEW OASIS, 1425 BURIINGAME AVENUE
This request for entertainment permit involved female mud
wrestling contests to be held in this bar.
At the request of Council, Michael
this form of entertainment.
Cunningham, ov/ner, reviewed
Letter of 2/27/81 from Police Investigative Division gave de-
tailed account of this activity, described the generally
decorous dress and demeanor of patrons, and concluded that the
entertainment was j-nof fensive and no derogatory comments were
in order.
Councilman Crosby moved permit be
a period of six months, second bY
unanimously.
given for mud wrestling for
Councilman Mangini, carried
DESIGNATION OF AIRPORT,/COMMJNITY ROI'NDTABLE MEMBER AND ALTERNATE
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councilwoman Barton requested subject of AirDort,/coNnunity
Roundtable be put on study meetinq agenda so that City's role
could be defined.
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CONSENT CALENDAR
1. JPAC ADDITIONAI FUNDING
Memo of February 24, I98l from City Manager informed Council ofa request for an additional $5,000 contribution from all citiesinvolved. This is to be used toward. expenses of the authority
and an accounting of expenditures wj-Il be requested for
Burlingamers records.
PROPOSED DESIGN AMENDMENT TO THE APPROVED COMMERCIAL BUILDING
AT 1199 BROADWAY, GARBIS BEZDJIAN
City Planner's memo of March 2, l98l exptained that this design
change is for the front elevation of the building to present a
simple unbroken glass exterior instead of the original irregular
shop entrances. An advantage would be that original 9' sidewalk
would be increased in width by 4' , allowing better pedestrian
circulation. Staff had no objection to this design change.
3. MAP CHANGE FOR 977 EL CAMINO TO REMOVE WIDENING OF SANCHEZ
Mayor Martin requested this ltem be removed. from consent calendar.
4. ORDINANCE - fNTRODUCTION
a. ORDINANCE NO. 12OO - ''AN ORDINANCE AMENDING PARKING
BURLINGAME AVENUE CENTRAL TRAFFICLIMTTATIONS IN THE
DISTRTCT. II
5. RESOLUTIONS
a RESOLUTION REGULATING PARKING LOTS K AND L, BURLINGAME
AREA OFFSTREET PARKING DISTRICT
Councilwoman Barton asked this item be removed from consent calendar.
MAP CHANGE FOR 977 EL CAMINO TO REMOVE WIDENTNG OF SANCHEZ
Memo of 2/10/81 from Director of Public l,iorks and memo of 2/5/8L
from City Engineer reviewed one condition of this condo permit which
owner has appealed for removal . This condition was that Sanchez
Avenue be widened 5r to permit installation of right turn lane at
Sanchez and EI Camino.
In response to Council questions, Director of Public Works explainedthat because of State objections to the right turn lane and delays,developer had asked to put in temporary curb anal qutter becauseof weather conditions. I{e also asked for removal of this condition
and had been told that Plannj-ng Cormission and Council must approve.
Planning Commission had approved deletion of riEht turn 1ane, and
curb and gutter had been installed with understantling it would be
removed if Council, did not approve. Council discussed this con-dition and also questioned the status of the sidewalk which has notyet been installed behind the street trees. Staff said the last
condominium unit would be held pending satisfaction of al-l mapconditions.
t
Mayor Martin stated the intent of thj-s resolution \^ras to
accompany the second reading of Ordinance No. 1200 andits consideration should be delayed until the next meeting.It was taken off consent calend.ar.
b. RESOLUTION NO. I6-81 "RESOLUTION ACCEPTING 1980 i^IASHINGTONffioB016"
Councilman Amstrup moved approval of consent calendar with exceptionof Items 3, 5a, and 5b, second by Counci-Iman Mangini, carried
unanimously.
190
Zev Ben Simon, developer, explained his circumstances to Council,
asking their approval for removal of map condj-tion.
Rich Varni, 1617 Sanchez, spoke against a right turn lane at
Sanchez, citing poor visibility because of trees and danger of
making a right turn on red. He suggested sign installation
warning "No Right Turn on Red.'r He also opposed painting curb
red because it would take up 3 parking spaces.
Mayor Martin noted the City has no jurisdiction on sign on EI
Camino but said the Traffic Department could look at the matter
of the red curb, and the State could be asked to consider: the
"No Right Turn on Red" sign.
Councilman Crosby moved that map condition to widen Sanchez be
removed and that curb and gutter remain, subject to inspection,
second by Councilman Amstrup, carried unanimously.
RESOLUTION NO. 16-81 ''RESOLUTION ACCEPTING 1980 WASHINGTON PARK
IMPRO EMENT S JO U1B
Mayor Martin proclaimed March
March 19, 1981 as Agrj-culture
7, l-98l as Arbor Dav. He proclaimed
Day .
OLD BUS INESS
CABLE TELEVISION CONSULTANT
Councilwoman Barton raised question of how much more development
was to be done on the park because it was taking away a 1ot of the
green area. Council discussed briefly. Director of Public Works
explained improvements done in Job 016, and tofd Council that only
further improvement considered was lights to be installed in front
of Recreation Center.
RESOLUTION NO. 16-81 was introduced by Councilman Amstrup who
moved 1 ts adopt aon ,second by Councilman Crosby, carried unanimously.
Councilwoman Barton asked that this matter be
agenda for discussion by fu11 Council. Mayor
Report of 2/26/81 from City Manager
f,irm for police station per Citizens
of 2/t8/81.
re retention of architectural
Advisory Cornmittee meeting
put on
Martin
study meeting
so directed.
RPC ORDINANCE REGARDING ENERGY CONSERVATION
Councilwoman Barton noted this ordinance is now coming before
Board of Supervisors and asked that Council reaffirm its stand
agaj-nst it by a tetter to them. City Manager was so directed.
ACKNOWLEDGEMENTS
the
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2 Report dated 2/26/ 81 from City Manager on cable television
negotiations.
Mailqram of 2/18/8L from Capital Cities Peninsula Cable Inc.
Letter of 2/18/87 from Thomas G. Byrne , 2120 Trousdale, re
annexation.
Letter of 2/18/81 from lIelen Hosea' 2fl-2 Trousdale, re
annexation.
Report of 3/2/8I from City Planner on management change in
EIR contract for Marriott Hotel Project. City Planner de-
tailed personnel changes in Deleuw, Cather & Company which
will iniolve a subconiract with Robert rronside. council-
had no objections.
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PROCLAMATIONS
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Report of 2/25/8L from City Treasurer on meeting v/ith
Investment Department, P. E. R. S.
Communication of 2/2/SL from ABAG on 1981-82 Proposed
Budget and Work Program. City Manager was asked to put
this on study meeting agenda.
Report of 2/5/81 from California Manufactured Housing
Associ-ati-on on manufactured homes i-n residential zones,
10. Report of 2/73/81 on proposed route cancellation from
samtrans. city trtanager was asked to bring report on
specific route to study meeting.
ADJOURNMENT
Meeting regularly adjourned at 10:30 P.M
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6-"-U-f/ ZuzEvelynl. Hi 11
City Clerk