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HomeMy WebLinkAboutMin - CC - 1994.07.18190 BI.JRLINGAME, CALIFORNIA July 18, 1994 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at7:30 p.m. by Mayor O'Mahony PLEDGE OF ALLEGIANCE TO THE FLAG kd by new Recreation Director, John Williams. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI, PAGLIARO NONE MINUTES The minutes of the Special Meeting of June 29, 1994 were approved on motion of Councilman Harrison, second by Councilman Pagliaro, after a change on the first page to add the word look. The minutes of the Regular Meeting of July 5, 1994 were approved on motion of Councilwoman Knight, second by Councilman Harrison, after two spelling changes and deletion of a phrase on page 6, beginning "Supervisor Griffin suggested... " PUBLIC HEARING - REVIEW OF NEGATIVE DECLARATION. RESIDENTIAL CONDOMINI- UM PERMIT. TENTATIVE CONDOMINIUM MAP. AND TENTATIVE AND FINAL PARCEL MAP FORAN 18 UNIT CONDOMINIUM AT 1209-1211 BAYSWATER - RESOLUTION 51-94 APPROVING SAME City Planner reviewed her memo of July 11 which recommended council hold a public hearing and take action. The applicant is requesting a negative declaration and residential condo permit. The project includes 18 one-bedroom units, one of which is disabled accessible and located on the ground floor adjacent to the on-site parking. The living units range in size from 568 SF to 690 SF and have 75 to 100 SF of private open space. Common open space is provided on the side and rear of the site; all common open space is landscaped. Parking is provided at grade below the living units; the 18 one-bedroom units require 27 parking spaces which are providedby 22 under the structure and 5 at the rear of the site; five of the required stalls are designated guest parking. The Planning Commission approved this request at its June 13 meeting since the project meets all zoning requirements. Council called the project up for review; expressing concerns about seismic stability of a project built over a long, open Earage; they also expressed concern about the appearance of the building. Council asked for information from a structural engineer. In a letter dated July 7, 1994, Structural Engineer John Ou wrote that the garage has shear walls on four sides, at the entrance the garage has two concrete shear walls, the other walls are plywood shear walls. In addition there is one line of steel moment frame running in a north-south direction. The floors in the proposed structure are wood so weight is less than concrete slab. Mayor O'Mahony opened the public hearing. Tim Brosnan, developer, introduced the architect and engineer. John Ou, structural engineer, assured council that he was confident the building would 191 survive an earthquake up to 8 magnitude. Councilman Pagliaro questioned Ou regarding the load carrying of the shear walls; he also questioned the architect regarding the aesthetics of the building. Architect Gabbay showed artists renderings of the exterior facade; noted the building has 39 feet of separation from neighboring structures on one side and 37 feet on other side. Brosnan showed photographs of other buildings he had built in Burlingame. The hearing was closed. Mayor O'Mahony said she was impressed with the drawings and plans, she felt reassured by the structural engineer's confidence. Councilwoman Knight agreed; noted building code has changed since buildings were built before the Los Angeles earthquake. Councilman Harrison said he would support the project. Councilman Pagliaro appreciated the additional drawings but he was not satisfied with the aesthetics, building has very flat facade, he would oppose. Councilman Spinelli agreed about aesthetics, he would like to see more architectural movement - this is just another box. Councilwoman Knight moved to uphold the Planning Commission action and findings with conditions listed in staff repoft, and an additional condition that the brick veneer eight feet high be added on the front of the building, by adoption of RESOLUTION 51-94 approving the negative declaration and condominium permit, the condominium map and the tentative and final parcel maps. The motion was seconded by Councilman Harrison. The motion carried 3-2 on roll call vote, Councilmen Pagliaro and Spinelli voting no for reasons stated' 52-94 APPROVING SPECIAL PERMITS City planner reviewed her memo of June 22 which recommended council hold a public hearing and take action. John Celikkanat, applicant, is requesting a side setback variance in order to add a new carport and four special permits for exceptions to the accessory structure requirements in order to ..tai1 a 416 SF accessory structure as an art studio. The special permits are for an accessory structure with windows within ten feet of property line, sewer connection exceeding code mini- mums, storage area greater than 10 percent of the house, and use for recreation purposes (art studio). The present structure is made up of two structures, a 216 SF garage and a 200 SF shed at the rear of the garage with a 64 SF addition filling the area between the two original structures. The structure was remodeled and extended without permits; this is a code enforcement action based on a neighbor's concern that the structure was to be used as a dwelling unit. There is no one living in the structure at this time and there is no covered parking on the site. The Planning Commission denied this request at its meeting of June 13. In response to council questions, City Planner discussed lot coverage and aerial photos which indicate the 64 SF addition was built since 1989. Mayor O'Mahony opened the public hearing. John Celikkanat said several years ago he began repair of dry rot, did not realize he needed permits; said the addition was always there but was covered by ivy and could not be seen with aerial photos; because of allergies, he and his mother cannot paint inside so they use the accessory structure, they also can't paint in the yard because of tennis and playground next door; he provides home for mother and sister with children; agreed that he would build the carport to provide covered parking; he improved the building because of dampness, elevated the flooring; told of flooding and damage in area during rains; said neighbors had no objection to carport if moved back. Mr. Celikkanat's sister and mother also spoke in favor expressing need for storage and room for hobby and for children to play. The hearing was closed. Council discussed moving carport back; applicant says neighbors approve but none are present to corroborate; staff had not seen any other plans; if carport were moved back would not infringe on 192 neighbors light and space; combined accessory structures would be too tempting to use as living uniq discussed removal of sewer line and methods of reducing from four inch to two inch sewer line which would preclude installation of toilet; need to have sink for cleanup of hobby; tended to uphold commission action; staff discussed conditions for restoring structures; applicant stated he wanted to comply with city requirements but needed hobby area and did not have money to make lots of changes, he said he would like to have 45 days to complete work. Councilman Pagliaro suggested and he moved that the applicant restore the garage to covered parking use by removing the wall and the carport would not have to be built, use the remaining area at the side and rear for the hobby area and reduce the sewer line to two inch line and all other conditions in staff report, and complete the work within 60 days. Staff noted that would eliminate the side setback variance requirement. The motion was seconded by Councilman Spinelli and carried unanimously by roll call vote. Staff suggested the applicant submit new plans within 30 days. PUBLIC HEARING - SECOND READING - ORDINANCE 1507 - AMENDING EMERGENCY FOR SUCCESSION OF CHAIRMAN AND DIRECTOR City Manager reviewed his memo of June 27 which recommended council hold a public hearing and adopt the ordinance. During budget discussions council expressed concern about its role during disasters. In reviewing the present code, it was noted the disaster council membership only includes the mayor and does not clearly provide for succession of the chairman or director. This ordinance provides for membership on the disaster council of the full council and a method of determining its chairman. The city manager is designated the director of emergency services and the assistant director is the fire chief. In the event neither of these persons are available, the duties would be assumed by the police chief, public works director, or a senior fire, police or public works officer. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilman Spinelli moved to adopt ORDINANCE 1507. Seconded by Councilman Harrison and carried unanimously by roll call vote. John DeMarco opposed Alternative 6 of the BART plans and urged council not to sign the Airport MOU. Glenn Mendelson thanked council for fighting BART plans; said the airport expansion plan would have a negative effect on our city and urged council not to sign the MOU until there are guarantees of mitigation; told about requirement that residents disclose nearness to airport on property sale contract. Dennis Huajardo said residents said no to BART 30 years ago, he opposed; also opposed leaf blower noise. Dolores Huajardo said she works at airport which expects 300 more flights a day with expansion; urged council not to sign MOU; she also urged ban of leaf blower use on weekends; suggested council appoint an ad hoc committee to look into the issue of leaf blower noise. Susan Johnson talked about the high quality of life in Burlingame; airport expansion would be detrimental to this quality of life; airport noise has increased; there are no noise statistics for cargo planes; critical that city hold airport accountable. Irv Amstrup agreed with all the speakers; the residents have some hope for noise reductions while council has not signed the MOU. Jim Fuller had moved away for eight years and is now back in town, said airport noise has increased. A teacher at BIS said noise is catastrophic at that school. Todd Robinette talked about the draft MOU and about requirement for disclosure which would reduce property values. Another resident suggested other counties should have airports rather than enlarge SFO. Arnold Knight said PUBLIC COMMENTS | 93 another factor is the jet fuel smell and air quality; he teaches at Mills High School and noise is disruptive. Gottfried Brun agreed with previous speakers and urged council to be cautious because decision would effect future generations. Susan Johnson again commented on her surprise at the requirement for disclosure on property contracts that is required by MOU. Linda Dyson said she had moved away for a few years and was now back; airport noise is worse; urged council to withhold signing MOU as leverage to make sure of mitigation for noise and air quality. SAN FRANCISCO AIRPORT MOU DISCUSSION Mayor O'Mahony reviewed the City Manager's memo of July 11 with the MOU attached and letters from the Airport Roundtable and a memo from City Attorney. She reviewed council discussions and the delay on action on the MOU; the litigation with CCAG regarding congestion management which has been dropped; reduction in some airport noise; that Mills High School, being in Millbrae, might appty for noise insulation; that BART might get $120 million for intermodel station from Airport which funds were for traffic mitigation. Councilman Harrison said he asked for MOU on agenda because council cannot discuss this subject except at public meeting; city has no control over airport expansion, it's a fact; discussed hope for BART station near 101 and airport, not Millbrae Avenue; Millbrae signed MOU, only cities who sign can litigate and it's important "we play on level field. " Councilwoman Knight opposed signing the MOU; discussed Millbrae School District signed MOU but the MOU that is proposed for Burlingame School District requires that the district "p1omote" the airport expansion; discussed single event backblast noise. Councilman Spinelli agreed, if we sign MOU we sign away all our rights. Councilman Pagliaro said the MOU speaks of "up to $120 million for noise insulation...up to $120 mitlion for traffic mitigation" but that does not rn.un they will spend $120 million on each, they could only spend $1; he did not favor signing the MOU; ,othing in the document says it must be signed by a certain date; noted CCAG has signed the MOU and oui city is a member of CCAG. Councilman Pagliaro said he and the City Attorney had visited BART offices to review documents and he had copies of letters and memos which acknowl- edge questioning SamTrans' ability to fund BART and a statement in one document which questions the advisability of spending $400 million in public funds to save two minutes of walking time. Mayor O'Mahony said the $120 million being dedicated to BART is the bribe used to get support from South San Francisco, San Bruno and Millbrae; she noted once they have expressed support it would be hard to change their minds; the EIR was to be released today, but has been delayed until August at which time there would be a 45 day public review and hearing process. Councilman Harrison thanked council for having this discussion' BART STATUS REPORT Councilman Pagliaro acknowledged the City Manager's memo of July 14 with Councilman Pagliaro's letter dated July 13 and attached letters and memos from a visit to Oakland to view BART documents; one document mentions a "third rail for Caltrain" which he would like to know more about; another expresses concern about SamTrans ability to fund; the final memo questions spending $400 million on an internal airport BART station instead of an external station. He said Burlingame is the only city to inquire about the truth in funding; when the City Attorney returns, they would continue their review of documents. Council members thanked Councilman Pagliaro for finding these documents. Mayor O'Mahony asked that a letter of thanks go to a SamTrans official for attending the council meeting of June 29 and to inquire if they could hold a public meeting at our city hall; she expressed concerns about Caltrain expenditures. Council also approved a letter to BART asking that public hearings on the EIR be held this fall. 194 d. CONSENT CALENDAR Regarding "f" Councilman Pagliaro would abstain from vote; regarding "a" Councilwoman Ifuight asked whether a resident would not be able to ask a neighborhood kid to mow lawn with this law; council discussed with Police Chief and recommended no changes. a.INTRODUCTION OF ORDINANCE 1508 - LIMITING USE OF POWERED EOUIPMENT ON WEEKENDS AND HOLIDAYS IN RESIDENTIAL DISTRICTS City Attorney's memo of July 6 recommended council introduce this ordinance amending limitations of powered equipment (including leaf blowers) in residential zones; it limits use in residential areas on Saturdays, Sundays and holidays to the owner/occupant of the properry. ADOPTION OF ORDINANCE 1506 - REZONING PROPERTY AT 1128 CHULA VISTA FROM C-l TO R-3 City Planner's memo of July 12 recommended council adopt the ordinance; at the July 5 council meeting, council held a public hearing on the general plan amendment and rezoning of this property, condominium permit and introduced the ordinance authorizing the rezoning. RESOLUTION 53-94 - AUTHORIZING REAL PROPERTY CONTRACT AND ACCEPT- ING EASEMENT DEED AT 19 EL OUANITO WAY Public Works memo of July 11 recommended council approve this real property contract and accept the deed; on April t4, 1993, there was a landslide at 2l El Quanito which severed the city sewer main; the city constructed a temporary overland sewer line; the best alternative for running a new line was to construct a line down the property line between 19 and 2l El Quanito to the sewer in Canyon Road. b c e RESOLUTION 54-94 - ACCEPTING COMPLETION OF ROLLINS ROAD PUMP STATION - CP 903 Public Works memo of June 30 recommended council accept this job as completed by San Luis Construction in the amount of $3L2,776.19. RESOLUTION 55-94 - AUTHORIZING AGREEMENT FOR CONVERSION OF FOUR VEHICLES TO NATURAL GAS FUEL Finance Director's memo of July 12 recommended council award contract to American Gas and Technology in the amount of $17,414.92 to convert four vehicles to run on both natural gas and gasoline; PG&E advised a rebate was available to finance a portion and the city was awarded a $10,000 grant from CCAG to finance the portion not covered by PG&E. If the project is successful, additional vehicles will be converted with similar funding. AUTHORIZE PURCHASE OF EXCESS WORKER'S COMPENSATION INSURANCE COVERAGE City Attorney's memo of July 6 recommended council authorize purchase of insurance from American Home at a $5 million level. Our city is self-insured for worker's compensation but purchases excess coverage for extraordinary losses. f l9s RESOLUTION 56-94 - AWARDING CONTRACT FOR ANNUAL TREE TRIMMING - cP 9407 Park Director's memo of July 12 recommended council award the contract to Arbor Care at a cost of $31.93 per hour not to exceed $62,000 total. h. AUTHORIZE OUT-OF-STATE TRAVEL FOR CHIEF BUILDING OFFICIAL Public Works memo of July L4 recommended council approve the Chief Building Official to attend the International Conference of Building Officials (ICBO) in Indianapolis, Indiana from September 1l-16, 1994. Funds are budgeted. TENTATIVE AND FINAL PARCEL MAP FOR 833 ALPINE AVENUE Public Works memo of June 12 recommended council concur with the Planning Commission and approve this map to combine two substandard lots into one 6,&l SF lot (minimum lot size is 5,000 SF). ENCROACHMENT PERMIT FOR STONE WALL AND WOODEN FENCES AT 1704 EASTON AVENUE Public Works memo of July 12 recommended council approve the requested fence and wall subject to conditions listed in staff report. K. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 32917 - 33407, duly audited, in the amount of $1,188,524.43 and Payroll Checks 67071 - 67817 for the month of June 1994 in the amount of $1,193,592.46. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Spinelli reported on Airport Roundtable; its budget might allow funding of an air monitoring station; Mexicana Airlines is causing late night "stage two" noise. Councilwoman Knight distributed information to the City Manager regarding the Peninsula Hospital meeting; she told about legislative committee meeting. Councilman Harrison told of Convention Bureau meeting with Expo Center. Mayor O'Mahony talked about the upcoming Train Station Centennial; CCAG history. OLD BUSINESS Councilman Spinelli asked if police can enforce bike riding on sidewalks, particularly adults. Councilwoman Knight said she received complaint about patrons drinking at sidewalk tables in front of La Pinata; there was lengthy discussion and it was suggested we write to the restaurant and police monitor the area. Councilman Harrison said the newsracks in the 1100 block of Broadway are a nuisance; council discussed briefly with Park Director. j (} l. 196 a b NEW BUSINESS Councilman Pagliaro showed a certificate from Health Department for our smoking laws; he asked that it be framed and displayed. Commission Minutes: Beautification, July 7; Civil Service, June 14; Planning, July 11, 1994. Department Reports: Building, June 1994; Police, June 1994; Recreation Year-end 1993194; Treasurer, June 30, L994. Certificate of Appreciation from County Health for Tobacco Prevention Program. Two letters regarding removal of "E!" on Cable TV. Councilwoman Knight said her children were asking about this also. Letter from Patricia Gray suggesting a Senior exercise park" at El Camino and Adeline. Irtter from R.R. Miller regarding water bills. Seven letters regarding BART. Councilwoman Knight commented on the one letter which was in favor of BART with six opposed. ktter from Airport regarding backblast insulation. ktter from City of Modesto regarding SB 302, graffiti. lrffer from Peninsula Community Foundation, Family Housing & Homeless Trust Fund, requesting to make a presentation before council for financial support. k. ktter from Briant Chun-Hoon asking council not to sign the Airport MOU. CLOSED SESSION At 10:30 p.m., Mayor O'Mahony adjourned the meeting to a Closed Session concerning labor negotiations with Fire Fighters and Public Service Employees. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 11:00 p.m. Judith A. Malfatti City Clerk c. d. e. f. (}E. h. I j ACKNOWLEDGEMENTS