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HomeMy WebLinkAboutMin - CC - 1981.05.04BURLfNGAME, CALIFORNIA May 4, 19 81 CALL TO ORDER A reguJ-ar meeting of the Burlingame City Council was hetdabove date in the City HaII Council Chambers. Meeting wasto order at 8:00 P.M. by Mayor Vj.ctor Mangini. PLEDGE OE ALLEGIANCE on the ca11e d AMSTRUP , BARTON , CROSBY, MANGINI , MARTIN NONE i,linutes of the and adopted. regul-ar meeting of April- 20, 1981 were approved HEARING - SPECIFIC AREA PLAN THE BURIINGAME BAYFRONT City Planner reported to Council on the background of thisspecific area plan which is a guide to future development andwill update the Waterfront Element of the ceneral Pfan. Henoted its progress through the State Clearing House; its circufa-tion to major owners of Bayfront properties; final addendumcontaining responses to comments received; and adoption by thePlanning Commission of resolution approving Specific Area PIan and its addendum- City Planner stated this EIR is consistentwith State requirements, and recommended its adoption. Irina P. Torrey of Torrey and Torrey reviewed. her firm,s workon this EIR, and their conviction that it was a very useful document in that it will streamfine envi-ronmental- reviews anilupdate Circulation and Open Space Elements. She announced her avail-ab j-lity for questions . Mayor Mangini opened public hearing. There v/ere no audience comments and the public hearing was declared closed. In response to question from Mayor Mangini Ms. Torrey confirmedthat the 25r shoreline access band was a City requirement ratherthan B,C,D.C.rs. RESOLUTION NO. 31-81 IIADOPTING SPECIFIC AREA PLAN, BURLINGAME BAYFRONT'' adoption, rolI calI was introduced by Councilman Amstrup r,,/ho moved its second by Councilman Crosby, carried unanimously on vote. HEARING - APPEAL OF PLANNING COMMISSION VARIANCE DENIAL CARMELITA, JOIIN HIGGS 1640 In reviewing his staff report of 5/4/81 City Planner notedPlanning Commission action in approvj-ng one variance for thisproperty for non-conforming side setback, and in denying anothervariance for failure to provide standard parking for two vehicles upon enlargement of 2 bedroom house to 3-bedroom. Owner had notwished to construct carport or slab because it woufd meandestruction of some of his fruit trees. He had argued he had, and intends to have, only one car. lvlayo r Ivlangini declared public hearing open. I I 2r6 Led by Ral-ph E. Kirkup, Director of public Works. ROLL CALL COUNCIL MEMBE RS PRESENT: COUNCIL MEMBERS ABSENT: MINUTES 2t7 John Higgs, 1640 Carme]ita, addressed Council. He protested his orchard consisted of wel-1-establ-ished grafted trees and is enjoyed by the entire neighborhood, He stated he intended to have no more than one car, and argued that his 31 ' long garage would accom- modate r^rith tandem parking one large car and one compact. He noted the present trend toward compacts, and suqgested review of current code regarding length and width of parking spaces. There were cl-osed. no further comments, and the public hearing was decl-ared In response to Council questj-ons, City Planner stated that j.f variance is approved, a future owner couLd add parking but the city could not requj-re that he do so. He noted the tacit under- standing in some sections of the City with narrow lots or older homes which enables owners to use a tandem parking arrangement allowing one parkj-ng space on the driveway. Council discussed briefly. Councilwoman Barton moved that Planning Commission denial be superseded and that Mr. Higgs be granted the parking variance, second by Councilman Martin, carried unanimously on rol-I call vote. ORDINANCES - SECOND READING H EARING ORDINANCE NO. 1205 "ESTABLISHING 9:00 P.M. CLOSING TIME FOR PARKS'' Mayor Mangini opened public hearing on thj-s ordinance. There were no comments and public hearing was declared closed. ORDINANCE NO. ].205 passed its second reading and was adopted on motion of Councifman Crosby, second by Councilman Amstrup, carried unanimously on ro11 call vote. ORDINANCE NO. 1206''ESTABLISHING CONDOMINIUM CONVERSION APPLICATION PROCEDURES AND REOUIREMENTS, PURCHASE RESTRICTIONS AND TENANT PROTECTIONS,' City Attorney listed changes incorporated in this ordinance, as discussed at recent study meeting. They were: t L imi tat io n 21 or more of conversions units ; to projects which wilf result in 2 3 4 Requirement of approval by a appl ic ation ; majority of tenants prior to Smoke detectors in common areas of building not having one-hour fire protected hallways i Provision for designated (senior citizen and handicapped)units fall-ing back to 108 of the project, A better definition of "handicapped"; and Efimination of the special discount for purchases by seniorciti zens . He specifically noted this is an ordinance for the entire city,not just Northpark. 5 6 He then acknowledged recej.pt of letter from Charles A.attorney for North Park Tenants Association, with morechanges. Changes and City Attorney's comments: Pinkham, Jr. suggested I Section 26.33.020(1) "Delete the thirdduplicate of the second full sentence. " Section 26.32.050(4) "Add thephrase 'signed consent to .to an anbiguity. full sentence as aCity Attorney - correct. word 'consider' after the.'u City Attorney - this leads 2 l il 3 Section 26.32.L10: "Add a new paragraph (5) as follows:rThe conversion j-s in the best interest of the majority of tenants. ' City Attorney - Ask that this not be adtleil. "Best interest" difficult to define; area of confusion. Mayor Mangini opened public hearing on this ordinance. Mr. A. Bruce Gilmore, attorney for FCH Services Inc. adtlressed Council, speaking relative to his letter just distributed to Councj-I concerning bonding and escrow procedures applicable to modifying and bringing the building up to code. Code Section 26.32.080 (t) provides corrective work shal1 be done or, upon approval of the Planning Commission, funds shall be adequitely escrowed or bonded to assure completion Mr. Gilmore spoke of the difficulties of getting bonding, antl asked that there be an agreement with the Planning Commission that would be backed up with whatever the Planning Commission deemed desirable bonding, escrowing of funds, or using an irrevocable letter of credit. City Attorney was not receptive involve the Planning Commission to this idea because it would in more cornplications. Council discussed, and corrected this paragraph to read: "A11 violations of the city codes or required modifications of units must be corrected prj-or to the approval- of the fj-nal map or, '. . funds sha11 be adequately escrowed to assure completion . . Councilman Amstrup questioned the ownership of the property subject to the "lifetime leases.' Cj- ty Attorney statetl they would be owned by investors and the incentive for ownership would be the price' On tire Councilman's question as to how this would be policed, Mr. cilmore stated this would be assured by the alevel-opers at the time of the sa1e, Councilman IuIa rti-n asked that Paragraph 2 (a) , Page 8 (Fire prevention - smoke detectors) be changed to indicate that smoke detectors be placed in halfs and common areas regardless of r4rhether or noL there are one hour fire resistive walls separating unit from area. He also questioned terminol-ogy regariling central aIarm. Councilman Amstrup questioned security requirements and was informed by staff there were none in the City codei that it was up to the developer. He also questioned the fact that the Planning Commission could approve utility metering that was not individual (P.9), Councilman Crosby conmented that in oId apartments there may not be individual metering and it would be j-mpractical . Staff agreed that was the rationale. Councilman Ams trup requested. that the definition of handicapped (Page 9) be ". . . persons who have a physical or mental handicap." City Attorney agreed to make the change. ORDINANCE NO. 1206 ed its second reading and was adopted with on motion of Councilman Martin, second byforegoing correct l_ons, Councilman Crosby, carried on following rolI call vote: AYES: COUNCILMEI"IBERS: CROSBY,MANGINI,MARTIN NAYES: COUNCILTYEMBERS:AMSTRUP: I am happy for the People of Burlingame - the citizens who are going to benefit from this, but I thj-nk there are other citizens in the City \^/ho are not going to benefj-t from it. BARTON - I feel that it wil-1 take a 1ot of rental- units of f the market. In ti.ro years they are going to be sky-high in that particular unit, and I feel it is going to harm our rental stock. 2L8 t APPLICATION BY S.K.JADALLAH - MODIFICATION OF' SUBDIVISION MAP CONDITION, LOT ]., MILLS CANYON COURT This request for modifj-cation of height restriction r^ras set forhearing at the Council- meeting of June 15, 1981. BID AWARD - RODENT CONTROL WORK FOR BURLINGA-ME Memo of April 28, 1981 from Engineering Divisionof bid of Sure Kil-l- Extermiinators for 98,l_ 38 . 70for one year, with option to renew at same prj-ceadditional years. recommended approvalfor rodent controlfor three Director of along creek Public Works explained this is for rod.ent control banks and sewers. RESOLUTION NO. 32-81 "AUTHORIZING SAN MATEO COUNTY TO AWARD CONTRACT I^IITH SURE KILL EXTERMINATORS TO PERT'ORM RODENT CoNTRoL WORK FOR CITY OF BURLINGAME" (Sure Ki1I Exterminators,gB,138.70,bids on fil-e in office of City Clerk) was introduced by CouncifmanCrosby who moved its adoption, second by Councilwoman Barton,carried unanj-mously on ro11 calt vote. REQUEST EOR AUTHORIZATION OF RECRUITMENT EMPLOYEES PERSONNEL DEPARTMENT Memo of 4/30/81 from City Manager asked for Council authorizationfor recruitment of a personnel officer oi an assistant to the City Manager assigned to personnel responsibility. It further requestedthat a senior clerk stenographer be retained to assist in thisfunction. Memo attached Finance Director's report of 4/L0/81on the Hughes,Heiss personnel- study. In addressing Council, City Manager urged that Council act as soon as possible on thj-s matter, and reviewed Council options. Counc il-set for considered they should discuss further,the study meeting of May 13, 1981. and the matter was PROGRESS REPORT, CATV FRANCHISE CITY MANAGER City Managerrs report of April 30, 1981 on CATV franchisedescribed progress of negotj-ations and attached material fromCapital Cities on the proposed j-nstallation, as well as aletailedreport from Director of Public Works on cable installation siteand the use of pedestal mounts. Council had considerable concern about the pedestal mounts forthe dual cabl-e installation, particularly in undergrounded areasof the City. Pedestaf mounting is proposed by Capital Cities because of potential problems with water filling untlerground. vaul-ts. Director of Public Works expl-ained futly the placement of pedestals and the three types that would be necessary - for trunk tines, 42"high; distribution system, 30" high; and service taps, 20" high.He asked for Council dj-rection as to whether underground vaultsor pedestal mounting should be specj-fied in the franchise agreement. Council discussed, and at length requested that Director of pubtic Works get the opj-nion of the City of Millbrae on these types ofinstal-l-ations and also confer with cable TV consultant Hammett and Edison Inc, on the problem, with a report to Council as soonas possible. CONSENT CAI,ENDAR l ORDINANCE NO. 1207 - INTRODUCTION ACCELERATION OF MOTOR VEHICLES '' IIPROHIBITING EXCESSTVE 2L9 In response to Council question Police Chief stated this ordinancecould be enforced by a citizen's as wel-l- as a police officer,s l iI 220 report, since the offense must be witnessed. The citizen coul_dgo before the traffic court. He considereal this ord.inance could.be used for loud motorcycle acceleration, but that is a differentvehicle code section - 2. RESOLUTION NO. 33-81 - IIRESOLUTIOII GRANTING PERMISSION TO THE BURLINGAME LIONS CLUB TO CONDUCT A FOOT RACE UPON CITY STREETS, SUBJECT TO APPROVAL BY THE STATE DEPARTMENT OF TRANSPORTATION'' 3. RESOLUTION NO. 34-8I I'RESOLUTION AUTHORIZING EXECUTION OF 1101AGREEMENT T'OR ENVIRONMENTAL IMPACT REPORT POLICE STATION - TROUS DALE AVENUE '' 4. MUNICIPAL PARKING LOT R.EVISION PROJECT 103 Memo of April 29, l-981 from Director of public Works reported thatplans and specifications for revision of these 12 parking lotsprovide that construction be done in stages and that a 4 foothigh chain link fence along the retainj-ng wa11 in Lot K beprovided. With Council concurrence work would proceed. as spe ci fie d . 5. CLAIM, THOMAS E. YOUNG City Attorney's memo of April c1ai-m because of unsuccessfulsince November, 1980. recommended denial- of thisto negotiate settlement 27, l9BI a ttemp ts 6. ADDITIONAL CONTRIBUTION TO JPAC Letter of ApriJ- 24, J-99l from City Manager of South San Franciscostated JPAC treasury is again depleted, and requested each cityagain forward $5,000 for cost of litigation. Council ascertainedfrom City Manager that Burlingame has already contributed $10,000.They agreed to contribute this additional $5,000, with the provisionthat the City get a report from them on the status of the suit. 7. TWELVE MONTH EXTENSION OE' 733 FAIRFIELD ROAD TENTATIVE SUBDIVISION MAP APPROVAL, Memo of April- 28, 198f from City Engineer requested approvalof twefve month extension for this tentative subdivision map forcondominiums to aflow completion of the structure. FINAI SUBDIVISION IIAP, I2 RESIDENTIAL 1056 EL CAMINO REAL CONDO}4INIUM UNITS, City Engineer's memo of April 28, l98l requested. approval of thismap, recommended by the Planning Commission. 8 9. TENTATI\IE AVENUE SUBDIVISION MAP, 16 OFFICE CONDOMINIUMS, 345 LORTON City Engineerrs memo of April 28, 1981 requested Council approvalof this tentative map, approved by the planning Commissj_on withthree conditions. In response to Council question, City pl_anner reporEed this project wil_1 furnish 21 parking spaces. Councilwoman Barton moved approval of the consent calendar, secondby Councilman Amstrup, carried unanj_mously. OLD BUSINESS PURCHASE OF TRAILER FOR POLICE STATION Memo of l4ay 1, f98l from Police Chief reguested Council approvalof purchase of trailer at a cost of 910,000 because of pendingloss of space in the Security Pacific Bank Building. police Chiefcompared cost of new trail-er, used traiLer, and 2-year lease oftraj-ler; and recommended purchase of used trailer. 221 Councilman Martin moved purchase $10,000 plus tax, delivery, and Barton, carried unanimously. of used trailer setupi second by at cost of Co unci fwoman AIRPORT BOULEVARD PAVING Councilman Amstrup asked that Director of Public works make certain Airport Boulevard area is cleaned up after paving is finished. In response to question from Councj-l-woman Barton. Director of Public Works stated contractor will begin testing this week. when thj-s is completed, paving will be started. Councilman Martin asked that Public Works inspectors make contractors lay cold patch correctly. NEW BUSINESS Councilman Amstrup noted bike rack on Capuchino and Broad.way which is positioned so that it blocks sidewalk when bikes are in it. Public Works Director stated he would investigate. Mayor Mangini noted Traffic, Safety and Parking Commission's concern that trash bin at f'ox MaIl might use City parking spaces,Director of Public Works will check out. P RO CI,AMATf ONS Mayor Mangini proclaimed l4ay 10-16, 1981 as Sma11 Business Weeki and May L7-23, 1981 as National Publ-ic works week. ACKNOWLEDGMENTS l-. Report, 4/23/8L from County of San Mateo on City,/County Highway Program, 1981.2. Commendation, Police Department, 4/28/gL from Bank of America. Mayor Mangini read this commendation in its entirety. Regional Planning Comrnittee, S umrnary of meeting of 3/26/8L. Minutes - Beauti f j-catj-on, 4/2/9Lt Planning Commission, /27/9ltj-I Servj-ce, 3/26/81; Library Board., 4/21/81 . Meeting regularly adjourned at 9:30 P.M 4. Civ City Clerk ADJOURNMENT €^,rl**Z/ ilA Eve lyn l{ . Hil I