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HomeMy WebLinkAboutMin - CC - 1980.11.03r L26 BURLINGA},IE, November CALIFORNIA 3, 1980 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City HaI1 Council Chambers. Meetincr was calledto order at B:15 P. M. by lllavor l{artin. PLEDGE OF ALLEGIANCE Led by Jerome F. Coleman, City Attorney. ROLL CALL COUNCIL MEMBERS PRESENT:A-DIST RUP, BARTOItr, C ROS BY, MAI.IGIN r, I,IART r N NONE ivlINUTES COUNCIL I{EMBERS ABSENT: Minutes of the and adopted. regular meetinq of October 20, 1980 were approved CONSfDERATION TO BID AI^7ARD NO.034. BAYSTDE DISPOSAL SITE FENCING, JOB Director of Public dump site which is He reported entire lagoon side open. Company | 292 below IaTorks revi-ewed this oroject for fencing ofrequired by State Solid Inilaste l{anagrement Board. dump site would be fenced on three sides with He recommended low bid of Oliveira Fenceengineer's estimate of $14,000. RESOLUTION NO. 63-80 ''AWARDT}trG CONTRACT BAYSIDE DISPOSAL SITE4tt(o1iveiraFenceCompan1z,$9,880.50,bids on file in office of City Clerk) was introduced by Councilman Crosbv who moved its adoption, second by Councilman Amstrup,carried unanimously on ro11 call vote. ORDTNANCE SECOND READING _ HEAR.ING 1. ORDINANCE NO. 1188 - ''ESTABLTSHING RENTAL HOUSING R,EPLACE}4ENT STANDAR.DS AND TENANT PROTECTION }4EASURES ON CONDOMI}IIUM CONVERSIONS. '' Mayor l{artin announced this item would be considered out of agendaorder because of interest of large number of oeople in the audience. Council had received letter of October 9,1980 from "senior Citizensof Northpark Apartments" objecting to oroposed conversion of the apartments and attachinq letter from Northr:ark Tenants Committee andfigures from FCH Service Inc. on condominium prices and payments. Memos of l0/29/80 and 10116/80 from City Attornev detailed certain ordinance sections. City Planner exolained provisj-ons of this ordinance, which is pre- dicated upon issues of stablization of rental housing stock andprotection of tenants. He detailed its 4 months plus Drogress through staff, Planning Comrnission, and Council study meetings. l{ayor lr{artin ooened public hearing on this ordinance. Persons speaking in opoosition to ordinance were: George F. I{eadows, 1015 Cadillac lrlay James E. Irlaqer, 1060 Carolan Martin Kantoff, 1090 Carolan James C. Ir{ain, 1045 Cadillac T,Iay Frank Vignand, 101-5 Cadillac VIay Rosemarie Gutmann, 1050 Carolan Burhan Karaalp, L025 Cadillac trIay t, L27 Some of the views expressed: Medium priced condos are the only wayj-ncome to own pronerty in Burlingame.against the middle income family. for persons of moderate Ordinance discriminates Public was ordinance. not given sufficient notice of the hearing of this Ordinance essentially prohibits conversions because it is basedon construction of apartments in prior year, and none have beenbuilt here. Each specific conversion should be heard by Council based on its own merits. Of the renters in Northpark | 202 want to buy; 30% don't care; 158 are opposed; 35? want to buy but are uncertain of financing. They want a chance for further discussion and decision. There is condominium ordinance another needed? already in the code. Trhy is City already has control of conversions since applications must be filed and aporoved by the planning Commission. Renters might be protected by the ordinance, but they rvould not be protected from increased rents. FCH will give 20? discount to tenants. Profitable situation. For audience benefit, Mayor l4artin noted that the two week time limit between the first and second readings of an ordinance is set by State 1aw, not City policy. City Attorney reported this ordinance has been under consideration for 4 - 5 months and dis., cussed publicly at meetings reported by newspapers. City Planner commented present ordinance does not establish criteria for ap-proval or disapproval of condominium construction or conversions, but only guidelines. Completion of various engineering checks and compliance with zoning regulations bring applications before the Planning Commission. it{r. Cyrus McMi-11an, attorney, representing F.C.H. SERVICE told Council this ordinance was too inflexible and urged Council to give it further study, possibly toward inclusion of a variance procedure. conversions there will be a lack of rentals in Burlingame. Ms. Jerrv Friedman, 1075 ordinance because no new There were no further clared closed. Rollins P.oad, 'sooke in favor of the apartments are being buiIt. I^Iith condo comments, and the publ-ic hearing was de- re- oointed had Mayor l{artin outlined Council alternatives on ordinance, marking that preponderance of evidence presented tonight toward further study, but that all previous public input been in favor. Councilwoman Barton approved ordinance because of Burlingame's low rental stock, noting that if it were depleted by conversions, rents would soar even higher. She reminded Council of renters' efforts toward a rent control ordinance. Councilman Amstrup noted that ordinance could be amended if future necessity dictated. He deplored lack of rental stock and its effect on older citizens and young peor:le in terms of es- calating rents. Councilman Mangini suggested a moratorium on conversions until more effective regulations could be formulated, noting that rent control was not desired. I I r 128 Councilman Crosby stated his concern about rental units also,but considered the ordinance should be studied further. He thought that conversions with certain oercentaqe of units forrenters would be feasible. Staff and Council discussed effects of percentage large blocks of units. I{ayor Martin commented he agreement with the ordinance previously, but this sponse indicated a need for review. rentals in had been in night's re- Councihvoman Barton introduced ORDINANCE NO 11BB "ESTABLISHING RENTAL HOUSING REPLACEMENT STANDARDS AND TENANT PROTFCTION MEASURES ON CONDOIvIINIUM CONVERSIONS" for second reading and moved its adoption, second by Councilman Amstrup. Ordinance No. 1188 failed its second reading on the following ro11 call vote: AYES: COUNCIL MEMBERS: A}{STRUP, BARTON NAYES: COUNCIL MEMBERS: CROSBY, MANGTNI, MARTTN Councilman Mangini introduced ORDINANCE NO . 1IB9 ''URGENCY INTERIM ORDINANCE TMPOSING A MORATORIU}4 ON APARTMENT CONVERSIO}IS TO RESTDENTIAL CONDOMINIUMS" (720 days) and moved its adootion, second by Councilman Crosby. Motion carried on the following ro11 call vote: AYES: COUNCIL MEMBER.S:A-I4STRUP ( comnnent , "Better than nothing. " ) BARTON, CROSBY, MANGINI, I4ARTIN NAYES: COUNCIL MEMBERS: NonC Mayor Martin stated this moratorium would make it possible forfurther Council study of an ordinance which would be acceptableboth to renters and prospective condominiurn owners. RECESS After brief recess at 9:30 P. M., meeting resurned. IIEARINGS: 1. APPEAL OF SPECIAL PER},IIT FOR LEASE OF HOOVER- SCHOOL This j-tem was considered out of agenda order because of oublicinterest. Appeal of October 22 bv Mrs. Nan Fleminq, 3816 Easton Drive,stated, "I base my aopeal on the absence of fuIl public dis- closure by the Burlingame Elementary School District of the un- usual conditions of the lease, in particular the omission offacts concerning the housing of members of the Chinese Bible Evangel Schoo1 and Church in the school." City Planner reviewed his staff memo of L0/29/80 which describedin de.tinil applications by Chinese Bible Evangel Inc. and Hoover Childrens Center, a pre-school program; their acceptance by the Burlingame School District; and aoproval of sr:eciaI oermits by the Planning Commission with 10 conditions each. He noted that October 29 letter from James E. Black, superintendent of Burlingame School District, stated that information regarding residency hadnot been presented to School Board since it is not oart of theirinformational form, but that majority of Board members had no objections for caretaking and security purposes. Citv Planner reported question of occupancy had been discussed at Planning Commission hearing. City Planner presented Council alternatives as prohibitj-nq residencv or allowing it in a limited number as an1]th condition of the special oermit. Letters orotesting soecial permit were received from I,1r. and Mrs. Charles lverson, 2841 Canyon Road; I{r. and PIrs. Nat Repetto, 2L09 Summit Drive; and letter from four citizensr no address. 3 Mayor Martin declared public hearing open. I L29 Speaking in opposition Chinese Bible Evangel, to the special permits, in particular the were: Mrs. 2876 Nan Fleming Easton Charles Iverson Canyon Mrs. 2B4T Lou Carlos 2818 Easton Mrs. 2202 Valija Hutnick Summit John 2Bt6 Fleming Easton Some 1. 2. James Fehlhaber 2505 Easton concerns exoressed: Tncreased traffic i-n area. 3 4 5 Disturbance of neighborhood by night. classes. Schoolgrounds already used by neighborhood youths as a gathering place on Friday nights. Usurpation of playground by parking and school use. for use as livinq guarters. criteria of neighborhood guide- School facility not adequate Special permit does not meet lines for school usage. Use of school for 365 days a year is excessive. Private property has been misused for parking in the past- I.7i11 change character of neighborhood - Iimited number of school-age children now. In resoonse to question from Mayor It{artin, City Planner reported that on-site parking would be no more than 19-23 vehicles, which would be parked around the periphery of the olayground, leaving the middle free. Increase j-n traffic reported by staff was be- cause of young children being dropped off by parents, whereas previously many Hoover students had used school buses. Speaking in favor of the special permit: James E. Black, Superintendent of Burlingame School District Parking on edges of playground is applicable to a1t school sites. Traffic is not unusual for any school site. Mayor l'{artin com- mented that circulation of staff report to School District before they consider school rentals would be he1pful. Mrs. Ada Anderson, board member, Burlingame Schoo1 District Citizens meeting for school guidelines was well oublicized, and group indicated wish to get school occupied because of vandalism and also that it be used for school purposes. City staff has in- dicated use of playgrounds by neighborhoods is less in vacant schools. Sen Wong, pastor of Chinese Bible Evangel, discussed history of the application, aims of school, good character of students, and the fact that only 3 would be living in the school in a caretaking capacity. He introduced the 3 students and told of plans to con- vert faculty lounge into living quarters. He spoke of assertion by the Burlingame Police that peoole living in school would cut down vandalism. L.6 7 8 -t r r30 Minor Schmidt, attorney, Berkeley, testified as to lf[r. Wong's good character. Joe Gosende, 736 additional funds Linden, considered School District needs these from rents. Paul Bong, Redwood Shores, told of activities of church and its importance in the increasing Chinese population of San Mateo County. Dr. Gary Jen, teacher, sooke of good conduct of Friday Young Peoples group. Council discussed at some length parking conditions, limits for school population, and advisability of limiting number of peoole who would live in school. Councilman l.langini moved that the decision of the Planning Com- mission and their conditions be upheld, with the additional con- dition that no more than 3 people be allowed overnight in the building, second by Councilman Crosby, carried. unanimously on ro11 call vote. (Note: Condition No. 8 of Planning Commission corrected to read,: that Summit Drive and the aporoach road from Summit Drive to playground be poEEe w "no parking" and "no stopping at any time"signs,. ..") RECESS Short recess was declared at 10:45 P. 14. after rvhich meeting resumed. 2. STREET NAME CHANGE: BAYVIEI{ PLACE TO ANZA PACIFIC PLACE RESOLUTION IIO. 64-80 "RESOLUTION CHANGING NAI{E OF BAYVIEI^7 PLACE TO ANZA PACfFIC PLACE" was presented for Council consideration. Mayor Martin opened public hearing on this Resolution. There were no comments, and the public hearing was declared closed. Councilman Amstrup introduced Resolution No. 64-80 and moved its adoption, second by Councilvroman Barton, carried on unanimous ro11 call vote. 3. 2t4 APPEAL BY COU}ICILMAN A.IVISTRUP OF SPECIAL PERMIT TO CONSTRUCT ROO}4 HOTEI, BY DAYS I].{N OF AMERICA Documentation received by Council: Project Assessment dated August L, 1980 by Earth Metrics Inc.; staff report with attachments from City Planner d.ated October 28, 1980; and staff report of October 31, 1980 from City Planner transmitting architect's revised plan for this project received October 31, 1980. City Planner reviewed Planning Commissioir actj-on and hj-s staff reports, noting in particular the amended design improvements in setbacks; location of parking spaces; and pool location. He re- ported that, with these changes and the project's conformance with other code requirements, staff considered amended design a sub- stantial improvement. Mayor l,Iartin opened public hearing. Robert 14. B1unk, architect, addressed Council briefly, statinq his satisfaction with improvements in new design. In response to Council questions he confirmed that brick would be used on end walls and towers, and that bronzed anodized aluminum would be used for railings. There i{ere no further cornments and public hearing r\7as declared closed. Council briefly discussed the amended olan. Councilwoman formi-ty with Barton moved this speciat permit be apProved in con- Planning Commission conditions, amending Condition r.-, 'effirff 131 2 which should be "2. that all construction and site improvements be consistent with the amended. plans date stamped October 31, 1980", and adding condition that all railings be bronzed ancdized aluminum, second by Councilman Crosby, carried unanimously on ro11 call vote. APPLICATION FOR ENTERTAINMENT J. SANTO, 26l- CALIFORNIA DRIVE PERMIT EDWIN E. (FORMERLY P.J.'S) Report of October 29, 1980 from Burlingame Police Department in- dicated no objection to issuing an entertainment permit to Edwin E. Austin and William J. Santo for a "Country & Western" lounge with entertainment and dancing. Ms. Margaret Laughlin, associate of the law firm of Thirkell & Pierpont, addressed Council on behalf of Messrs. Austin and Santo, stressing previous good experience in the County and the fact that Nathaniel Carrasco would no longer be associated with the business in any walr. Messrs. Austin and Santo assured Council oermit would be for a lounge with country and western music on1y, amplification would be kept down to a reasonable 1evel, and there would be a security guard on front door on weekend nights. Councilman Amstrup moved entertainment permit be granted for lounge with country and western live music for a period of six months with review at the end of that oeriod with the condition that Nathaniel Carrasco not be involved in the busj-ness in any way, second by Councilwoman Barton, carried on unanimous vote. CONSENT CALENDAR REOUEST BY HOLIDAY PERMITS INN FOR SIX MONTHS EXTENSION TO PROJECT'S AUSTIN AND I^JILL]AMt," : t Councilwoman calendar for Barton requested this item be taken off the consent further discussion. 2. BURLTNGAME CHAMBER OF COMMERCE ON METERS DURING DECEMBER REQUESTING ONE-HOUR FREE PARKING Letter of October 20, 1980 from Burlingame Chamber of Commerce requested one hour free customer parking on all meters during the month of December, 1980. 3. LOT 1, MILLS CANYON COURT: R.EOUEST I-ROM PROPERTY HEARTNG BEFORE COUNCTL ON NOVEMBER 17, 1980 OI{NER FOR City Attorney reported that this item had been tabled and hearing set for first meeting in December. 4. K-9 UTILITY VEHICLE FOR POLICE DEPAP.TMENT Memo of October L7, 1980 from Chief of surplus vehicte due to be traded in by rent budget year for use as additional Police requested use of Pire Department during cur- vehicle for I(-9 program. 5. CALIFORNIA LIBRARY SERVICES GRA}IT Memo of October 20, 1980 from Cit',2 Librarian noted California Library Services Board is making $6,000.00 available to every public library to purchase eguipment to phase into cataloging on computer. Librarian requested that $6,000 be added to Library's cataloging budget as soon as the check is received from the State. 6. LOTS FOR COMPACT AUTOMOBILES City l4anager's memo of OcLober 30, 1980 noted recommendation by Traffic, Safety an.d Parking Cornmission that selected lots be redesigned for compact autos, gave estimate of $12,000 for re- striping, and $201000 for structural changes, to be oaid from the 1915 parking bond fund. City Manager resuested authorization for Public I{orks Department to obtain bids for this work. { I l j I I I I : r r32 7. REPAIR OF HOIST AT AUTO SHOP l.lemo of L0/29/80 from Director of from unbudgeted reserves to cover shop. 8. FINAL CONDOMINIUM }{AP, I34B EL CAI4INO Memo of L0/30/80 from final condominium map Memo of 10/30/80 fromfinal condomj-nium map Public Inlorks recruested $3,170. 00 emersency reoair of hoist at auto City Enqineer recormended approval of this for 6 units. City Engineer recommended approval of this for 9 units. 9. FINAL CONDOIVIINIUM MAP, 1133 DOUGLAS AVENUE 10. F rNAL CONDOI4TNTUM l4AP , 977 EL CAMTNO Memo of 10/30/80 from City Engineer recommended approv6l of this final condominium map for 18 units subject to condition that occupancy of one unit shall be held until owner and City have agreed upon sidewalk improvements. 11. RESOLUTIONS RESOLUTTON NO. 65-80 ''APPROVING AGREE}'IENT OF COOPERATION I\ATEO A}trD CITY OF' BLIRLINGAME CO}ICERNING FINANCING HO},IE I{-ORTGAGES. ,' b. RESOLUTTON NO. 66-BO "MAKING DETEP.}4INATION OF PROPERTY TAX EXCHANGE. '' c. RESOLUTION NO. 67-80 "APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT BETI/OEEN CITY OF MILLBRAE AND CITY OF BURLINGAME 21OO BLOCK OF TROUSDALE.'' d. RESOLUTION NO. 6B-80 ''AUTHORIZING EXECUTION OF AMENDI{E}IT NO. 2 CONTRACT FOR PROFESSIONAL ENGINEERING, SLUDGE HANDLING FACILITIES WITH GEO. S. NOLTE.'' a e. PGSOLUTION NO. 69-80 ''AUTHORIZING EXECUTION OF AMENDMENT SERVICES,NO. 3 TO CONTRACT FOR PROEES-CTONAL ENGTNEERING SLUDGE FACILITIES, I^IITH GEO. S. NOLTE." Councilman Amstrup moved approval of Consent Calendar with exception of Item No. l, Holiday Inn, second by Councilman Crosby, carried on unanimous vote. REQUEST BY HOLIDAY INN FOR SIX MONTHS EXTENSION TO PROJECTS PERMITS In reviewing his staff memo of L0/24/80 City Planner reported that this special permit, approved in December, \979, had various design changes during the past year in order to be consistent rvith plans and project description contained in EIR 52-P. Fina1 consistent drawings were filed l0/L0/80, and Citly Planner recommended that special permit be extended for a oeriod of 6 months to 6/6/8l. Councilman Mangini moved approval by Councilrnan Amstruo, carried on of the extension unanimous vote. of time, second OLD BUSINESS - MAGNOLIA AVENUE Council complained about ongoinq problem of debris on }{agnolia Avenue and excessive blockage of sidervalks by contractors' equipment. Police Chief and Director of Public I{orks detailed their efforts to stop these occurrences. Iqayor }{artin suqgested heavier f ines be imposed in an effort to stop these incidents. NEI^I BUSINESS F'LOT.IER STAND Councilwoman Barton noted letter from l4rs. James Mountain Road, Hillsborough, objectinq to flower Boswe11, 835 Bl-ack stand on Levy Bros- 7. ta,@J.t!ry I133 property. City staff had forwarded for Council informationcopy of operator's business license which includes Burlingame Avenue improvement tax. City Manager was asked to write Mrs.Boswell- regarding this tegitimate business. POLITICAL SIGNS L IBRARY Councifman Amstrup broached the subject of political signs, theirsize, and proliferation. Staff noted sign ordinance does limitthese signs and provides limj.tations for illegal posting. However,use of City staff would be requj.red to enforce it. There was property income . some discussion with City Librarian on Roger and Library Board's entitlement to administerCity Librarian reported this has not yet been 8,*l* z/. zlltz Er,re lyn ll . Hi 1t Duncantheir trust re s olve d. ACKNOWLE DGMENTS 1. Letter of October 31, l-980 from City Attorney to Edward and Rosemary Marcinak re weed abatement on Lot behind 418 D\^right Road. 2. Circulation Study, Burlingame Pubtic Library, October, 1980. 3. Letter of October 24, l98O to owners of 722 Linden Avenuefrom City Attorney. 4. Memo of October 28, 1980 re notification of contaminationin water system. 5. Memo of October 21, 1980 from Chairman of Civil Service Commission. 9. Letter of October 29, \980 from Office of Postmaster re new facility in Burlingame, with invitation to City to participatein planning. Mayor Martin suggested Chamber of Comrr.erce, Traffic,Safety and Parking Commission, and City Pfanner meet with them. He requested City I'{anager. to fo1Iow through. 10. Minutes: Park and Recreation Commission, October 16, 1980; Planning Commission, October 29, l.980. MEET INGS It was decided to schedule Council meeting r^rith Park and Recreation Commission after first of year. Cable Television Consultant's Report was scheduled for study meeting of November 12. ADJOURNMENT I I I) City Clerk 6. Bureau of the Census mailgram d.ated LO/29/8O. 7. Report from LAFCO dated October 29, 1980 re Sommer property. 8. Negative declarations dated October 30, 1980. Meeting regularly adjourned at 1l:35 P. M.