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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- J 186 2 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. I 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 -3- 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 I iI 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 I -4- councilwoman Barton requested subject of AirDort,/coNnunity Roundtable be put on study meetinq agenda so that City's role could be defined. 189 5 2 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 1 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. 3 6 -6- PROCLAMATIONS 4 q 191 7 7 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 8 9 6-"-U-f/ ZuzEvelynl. Hi 11 City Clerk