HomeMy WebLinkAboutMin - CC - 1996.05.06476
BI]RLINGAME, CALIFORI\IA
May 6, 1996
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 at 7:00 p.m. by Mayor Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG
Ird by Marc Chapdelaine of the Convention Bureau
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of April 15, 1996 were approved unanimously after changes on
page 2 second paragraph to show Vice Mayor O'Mahony said the grocery store size change "was a
way to respond to communitv needs" and the second paragraph from the bottom to show Mayor
Harrison "recalled the 1992 hearing and stated Karp had a 20 space credit for the property and
council concurred;" on page 3 thfud paragraph, Councilwoman Knight would "vote in opposition
because Karaoke has caused problems in the past ... because of location and difficulty policing;" and
on page 6 second paragraph to show Councilman Spinelli also said "there was a semi trailer parked"
at the Goodwill Store. The minutes of the City Council/Planning Commission Study Meeting of
April 20, 1996 were approved unanimously after some spelling changes and an addition to the last
line on page 2, "it was the consensus...that if a remodel which would qualify as new construction
and did not affect the existing envelope of an existing attic area it should not be counted in FAR... "
and an addition to the end of paragraph one on page 4, "Concern was expressed that the availabilitv
of parking and the number of people livinLin a second unit should be related. "
PRESENTATION OF PROCLAMATION FOR TOURISM WEEK. MAY 5-11. 1996
Mayor Harrison read the proclamation which told of all the benefits the tourism industry brings to
our city and county. He then called forward Marc Chapdelaine, Executive Director of the San
Mateo County Convention and Visitors Bureau, who accepted the proclamation and thanked council
Mayor Harrison said resident Chip Coleman had asked to make a brief presentation to council.
Coleman, Treasurer of the local chapter of Baha'i International Community, and Ruhyyia Maghzi,
Secretary, presented each council member with a booklet entitled "Turning Point for All Nations"
and explained Baha'i produced this document for the 50th Anniversary of the United Nations.
POSTPONE HEARING UNTIL JULY 1 FOR APPEAL OF CONDOMINIUM PROJECT AT 107-
121 EL CAMINO REAL
With council's concurrence, Mayor Harrison rescheduled the appeal hearing for July 1, 1996 as
requested by the appellant.
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PUBLIC HEARING - RESOLUTION 23-96 ESTABLISHING THE BROADWAY BUSINESS
IMPROVEMENT DISTRICT (BID) ASSESSMENTS FOR 1996-97
City Attorney reviewed his memo of April 26 which recommended council hold a public hearing
and take action. At the last meeting, council set this date for the public hearing and adopted a
resolution of intention to establish the L996-97 assessments. The Broadway BID plans no changes
in boundaries, assessments or classifications. If there is a majority protest, the resolution setting
assessments cannot be adopted. A11 protests must be in writing.
Mayor Harrison opened the public hearing. There were no comments and the hearing was closed
Vice Mayor O'Mahony moved adoption of RESOLUTION 23-96 Establishing the 1996-97
Assessment for Broadway BID. Seconded by Councilwoman Janney. Councilwoman Knight
thought the BID had voted to not participate in the shuttle costs but the resolution lists the shuttle as
one project to support; she also had some questions on the types of improvements the BID proposed
Ross Bruce, President of the BID, responded and noted the BID would participate in the shuttle
expense if it is continued. Vice Mayor O'Mahony asked the BID to participate in the Broadway
streetscape project. The motion carried unanimously by voice vote.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DECISION ON AN AMEND-
MENT TO THE CONDITION OF A USE PERMIT FOR AN ACCESSORY STRUCTURE AT
204 BAYSWATER - RESOLUTION 24-96 APPROVING SAME
City Planner reviewed her memo of April 22 which recommended council hold a public hearing and
take action. Irslie and Frank Doyle, applicants and property owners, are requesting an amendment
to the conditions placed on their property in 1990 when they requested a conditional use permit to
remodel an existing accessory structure. The remodel included removing a kitchen in the structure
and adding a toilet and shower. A separate structure containing a toilet and shower was also
removed. In 1990 a condition was placed on the use permit for the remodel that the shower be
removed in the year 2000. Recently the applicants put their house up for sale. The prospective
buyers wish to keep the shower in the accessory structure permanently. The applicants note the
condition requiring removal of the shower affects the amount the lending institutions will loan on the
house. The Planning Commission voted 3-4, denying the motion to grant the request; a second
motion to take no action was approved 4-3, thus leaving the year 2000 time limit in place. The
applicant submitted a letter after preparation of the staff report.
Mayor Harrison opened the public hearing. Frank Doyle, applicant, said their house is very small,
has only one bathroom and they need the cottage for guests and to use as an art studio. Because of
family circumstances, they have to sell the house but the prospective buyer cannot get a loan with
the condition requiring removal of the shower from the cottage. He reviewed all the expense and
improvements he has put into the house. Council members had visited the site; some concern about
the structure being very easy to make into a rental unit; asked about main house's full basement
(1000 SF), Doyle said it has large beams which effectively make the ceiling about six feet high and
it is good for storage but could not be used as living space. Councilwoman Knight asked about the
sales flyer which makes the property seem to have a rental unit; she also asked about the Doyle's
letter of March 14 which proposed changing the condition to a review every 10 years to be sure the
unit was not being used as a rental. The realtor representing the Doyle's said he would correct the
sales flyer regarding use of the accessory structure. Doyle said he has found that any condition with
reviews every few years makes the banks leery of making a loan. The hearing was closed.
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Council discussed: Councilwoman Knight could approve the request but liked the idea of a review
every few years, some assurance there would be no rental use. Councilman Spinelli thought the
condition that the unit not be used as sleeping quarters was sufficient.
Councilman Spinelli moved to approve the request by adoption of RESOLUTION 24-96 with
conditions suggested in staff report, removing the time limit on the shower and revising condition 2
removing the phrase that the building not be used as "accessory living quarters" and restoring the
phrase "bedroom purposes." The motion was seconded and carried unanimously by roll call vote.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DECISION ON VARIANCES
FOR SIDE SETBACK. LOT COVERAGE AND PARKING FOR A RESIDENTIAL REMODEL/
NEW CONSTRUCTION AT 801 PALOMA - RESOLUTION 25-96 APPROVING SAME
City Planner reviewed her memo of April 25 which recommended council hold a public hearing and
take action. Jeffrey Lindstrom, applicant and property owner, is requesting four variances in order
to add a 1049 SF second story to the single family home at 801 Paloma. The addition would
increase floor area on the site by 60 percent (increasing the house from 1758 SF to 2807 SF),
therefore the house qualifies as new construction. The completed house will have three bedrooms
which requires two on-site covered parking spaces and one uncovered parking space. If the house
were not new construction, it would have required one covered and one uncovered parking space.
Presently there is one covered and no uncovered parking on site. To address the problem of no
uncovered parking space, the applicant has proposed a second on-site parking space in the rear yard
between the driveway and the house. This space may be used for required on-site parking if council
grants a variance for providing required parking in the side setback. There is a solid wood fence
and rolling gate across the driveway; the applicant proposes to enlarge the gate to open across both
driveway and new uncovered space if the parking variance is allowed. In addition to the parking
variances, the applicant is requesting a variance for lot coverage, 41.4 percent requested (40 percent
allowed) and for a side setback variance for the exterior (street) side for 5'8" (7'6u required). The
lot coverage and side setback are existing conditions and the addition to the house will not extend or
increase them. The code requires that new construction must comply with all current code
dimensional requirements. lt 1994 the applicant got a building permit and replaced the existing
garage with a new 378 SF detached single car garage, leaving a substandard uncovered parking
space between the property and the face of the new garage. Staff responded to council questions.
Mayor Harrison opened the public hearing. Jeff and Jacki Lindstrom, applicants, and their architect
Jack Matthews, were present. Lindstrom said they are not proposing to create a huge house, just
want to create a family room and give the children their own bedrooms; issue is parking on the
street, the parking variance and gate will provide privacy for the applicants and neighbors; he
presented a letter in support from Peter Umland, 745 Paloma. Matthews said they are agreeable to
all conditions except 3 and 4 requiring removing gate across the driveway and building fence
between the parking and house; they are not increasing the footprint and don't want to lose any
backyard play area which building the fence behind parking would do; with the driveway gate closed
the children can play in larger area, have a handicapped child who needs supervision; requiring the
fence would cut the rear yard play area in half. Residents at 817 Paloma; 809 Paloma, 852 Paloma,
826 Paloma; all spoke in favor and approved of improvements Lindstrom has already made, the
house is an asset to the neighborhood. Mayor Harrison would like assurance that sliding glass doors
and carpet are removed from the garage and it is returned to use as a garage; our city has too many
cars on the street; wondered if Lindstrom would really park a car at an angle next to garage as he
suggested on a site visit. Lindstrom said yes and he planned to use the garage for his car but at this
time they do not have a family room so they are using the garage. The hearing was closed.
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Councilwoman Knight said she visited the site and it is unique because it is a corner lot; it is also a
unique family; when the addition is made to the house the garage will be returned to use as a
garuge; suggested a condition that the gate be removed when the house is sold, doubted people
would use the parking space with the gate there; since neighbors don't object, she had no problem
approving. Councilman Spinelli said they would lose part of their back yard if fence is moved.
Vice Mayor O'Mahony said she would tend to uphold the Planning Commission. Councilman
Spinelli could not see killing an entire project because of a fence. Mayor Harrison wanted the
garage returned to proper use; did not like condition to remove gate on sale of property. Council-
woman Janney also said she would uphold Planning. Councilwoman Knight noted the lot coverage
and side setback variances are existing conditions and the addition to the house will not change
them. Councilwoman Knight moved to uphold the Planning Commission with addition to remove
driveway gate on sale. The motion failed for lack of a second. Councilwoman Knight then moved
to uphold the commission by adoption of RESOLUTION 25-96 with conditions listed in staff report
except to change condition 3 showing that the gate can continue along property line and remove
condition 4; and that the applicant be required to remove the sliding glass door and carpet from the
garage. Vice Mayor O'Mahony seconded the motion which carried unanimously by voice vote.
PUBLIC HEARING - CONSIDERATION OF URGENCY ORDINANCE PROHIBITING EXPAN-
SION OR RELOCATION OF FOOD ESTABLISHMENTS AND PROHIBITING ISSUANCE OF
DRIVE-IN OR TAKE-OUT PERMITS IN THE BROADWAY COMMERCIAL AREA AND THE
BURLINGAME AVENUE COMMERCIAL AREA SUB-AREAS A AND B
City Attorney reviewed his memo of April 29 which recommended council hold a public hearing
and take action. At a recent council/planning joint meeting the issue of food establishments and
take-out permits in the Broadway and Burlingame Avenue areas was discussed. Council directed an
urgency ordinance be prepared which would suspend the expansion of any existing food establish-
ments or transfer of their permits and which would also suspend the issuance of any new take-out
permits in the area. Council's intention is to hold the present situation in order that the Planning
Department conduct a study of the areas and determine if changes need to be made in our ordinanc-
es to lessen the impact of these businesses on our objective to maintain a balance of retail uses in
the areas to enhance the pedestrian shopping experience. Also discussed was the related issue of
problems caused by tables and chairs on the sidewalk. This proposed ordinance does not include a
moratorium on issuance of encroachment permits for tables and chairs. If thought to be pertinent
this could be added to the ordinance. This is an urgency ordinance and must be adopted by four-
fifths vote. Additionally, it is only valid for 45 days. The Planning Department has already
initiated its study on this matter. If it appears that it will take longer than 45 days to complete, we
will schedule a noticed hearing to extend this interim ordinance. Staff responded to council
questions regarding timing and extending of the ordinance.
Mayor Harrison opened the public hearing. Mr. Neilsen, owner of Copenhagen Restaurant on
Burlingame Avenue, spoke in opposition; he is considering expanding his restaurant because they
need to make URM repairs, but no plans have been submitted yet; this ordinance would greatly
impact his plans. Council discussed making an exception to the ordinance in such cases; staff noted
city law now allows such repairs to move to temporary sites. Vince Mluzzi, 1766 El Camino, said
he gets squeamish about moratoriums; bad way to do government; if the city needs to do a study
just do it, why do you need a moratorium; these uses now need city review without moratorium.
Mayor Harrison explained the discussion at the joint Planning Commission/Council meeting at
which there was concern expressed about the proliferation of take-out food outlets and the impacts
of these businesses. Mlzzi said the businesses impacted by this ordinance have had no notice, just
found out about this three days ago; he thought council should talk to the people most impacted by
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this proposal. Carol Groom, President of the Chamber of Commerce, also spoke in opposition;
study the problem but don't impose another law. Cheryl Enright, 2741-orton, also urged council
not to adopt the ordinance; very few people are aware of it. The hearing was closed.
Council discussed; think we should listen to the merchants; forget the moratorium and continue the
study. Councilwoman Knight and Councilman Spinelli thought there was reason to support this to
protect merchants; now people will be cramming in the applications; there is no limitation on take-
out foods; don't see harm in 45 day moratorium, it's easiest way to control. Councilwoman Janney
said at the study meeting it seemed to be the right thing for right reason, but now we should back
off and study reasons. Mayor Harrison saw a majority in favor of dropping the issue; he closed
discussions and directed staff to continue the study. No action was taken on the urgency ordinance.
PUBLIC COMMENTS
Pat Dolly, 845 Acacia, spoke regarding the letters of complaint about the house at 847 Acacia. The
house is a disaster and the neighbors have been living with it for two years; they need immediate
relief; there is a real safety hazard. City Attorney had discussed with County counsel; public
guardian has the keys to house and has taken control away from the family; he hoped to have a
report on the property tomorrow; he assured Dolly the issue should be resolved very soon.
STATUS REPORT ON UNREINFORCED MASONRY ruRM) BUILDINGS AND RETROFIT
COMPLIANCE
City Manager reviewed the Chief Building Inspector's memo of May 1 which recommended council
review the status of specific unreinforced masonry GJRM) buildings and provide direction to staff.
Our code requires completion of all retrofitting work by June 30, 1996. Council may wish another
report after that date. On January L7, L996, council held a hearing to determine a course of action
with regard to five unreinforced masonry buildings for which no plans had been submitted or on
which the time period for issuance of permits, after plan submittal, had expired. Council directed
staff in January to notify the owners that their cases would be reviewed in 90 days and to again
remind them of the time limits for total compliance with the ordinance. The current status of the
five properties is as follows: 85 California: the building permit was issued February 2, 1996 with a
valuation of $32,I52 and work is in progress. 100 California: building permit issued on April 12,
1996 with a valuation of $43,400; owner's attorney is in contact with the City Attorney. 950
Broadway/12l2 Rollins: building permit issued April 2, L996 with a valuation of $24,000. L40L
Burlingame Avenue: plans submiued on April l, 1996; corrections to drawings were required and
the applicant has not resubmitted the plans; estimated valuation for the permit is $110,000. 266
Lorton: plans submitted on February 2, L996 and returned for correction on February 16;
resubmitted on March 20 and approved for permit issuance on March 2l; the applicant has not yet
picked up the building permit. With these five buildings, all known URM buildings in Burlingame
have at least had plans prepared for retrofit and the majority have been retrofitted.
Mayor Harrison suggested letters be sent to the last two property owners regarding lack of action
and that council review again after June 30, 1996; council concurred. Councilwoman Knight said
she is frustrated with the lack of progress; discussed types of action council can take after deadline.
TRAFFIC. SAFETY AND PARKING COMMISSION APPOINTMENT
City Manager reviewed his memo of May 1 which recommended council consider an appointment to
the Traffic, Safety and Parking Commission. Mayor Harrison nominated Tim Auran. Councilwom-
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an Knight nominated Carol Gilmore. After a roll call vote, Auran was appointed. Mayor Harrison,
Councilwoman Janney and Vice Mayor O'Mahony voting for Auran, Councilwoman Knight and
Councilman Spinelli voting for Gilmore.
CANCELLATION OF STUDY MEETING OF MAY 22. 1996
City Manager's memo of April 29 recommended council cancel the May 22 study meeting. Vice
Mayor O'Mahony asked about the issue of undergrounding utilities on El Camino; staff is still
awaiting response from PG&E. Councilwoman Knight also wanted to know when we would get
results of study on restaurants and take out permits. Council scheduled both issues for the July
study meeting. Council concurred on canceling the May 22 stady meeting.
CONSENT CALENDAR
INTRODUCTION OF ORDINANCE 1543 REVISING REGULATIONS FOR THE M-1
GIGHT INDUSTRIAL) DISTRICT
City Planner's memo of April 29 recommended council introduce this ordinance for new
district regulations for the M-1 (Light Industrial) district and related regulations as recom-
mended by the Planning Commission. In 1993 the council was approached by some propefry
owners in the Rollins Road area asking that council appoint a committee to review and
modernize the uses and property development standards in the M-l district. Council
appointed a commiffee of five representatives from the area to work with the City Planner:
Herman Christensen, property owner and manager; Michael Coffey, commercial realtor;
Dick Lavenstein, property owner and manager; Curt Schulze, manufacturer; and Terry
Timberlake, property manager for a manufacturer. In October 1995 the committee reported
to the Planning Commission on a proposed draft of revisions to the M-1 district. The
commission studied the draft for several months and made several changes. The recom-
mended ordinance being introduced reflects the consensus of the committee as well as among
the members of the Planning Commission. A hearing will be at the May 20 council meeting.
City Attorney's memo of April 29 recommended council adopt a resolution setting a public
hearing on extension of the cable television franchise for one year. The purpose of the
extension is to allow for the transfer of Pacific Cable to Telecommunications Incorporated
(TCI) before the franchise renewal is negotiated, primarily so that the time and expense of
negotiating a new franchise is not duplicated. A public hearing will be held on May 20.
RESOLUTION 27-96 REGULATING CITY PARKING LOTS - CHANGING RHINETTE
LOT S FROM COIN BOX TO PARKING METERS
Public Works memo of April 30 recommended council adopt a resolution changing the 10
hour coin box operation to 2 hour and t hour meters at the Rhinette Parking Lot S.
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RESOLUTION 26-96 INTENTION TO EXTEND CABLE TELEVISION FRANCHISE
FOR ONE YEAR AND SETTING PUBLIC HEARING FOR MAY 20. 1996
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d.DENIAL OF CLAIMS: (1) CAMINO GABLES HOMEOWNERS: (2) RONALD CAN-
DLER: (-3) STEPHEN AND LAURANCE BROWN
City Attorney recommended denial of the following claims: (1) memo of April 22 rc:
Camino Gables Homeowners Association for damages from blocked storm drain; (2) memo
of April 22 re: Ronald Candler for tree falling on vehicle; (3) memo of April 29 re: Stephen
Brown and Laurance Brown for alleged violation of rights for a juvenile's detention.
Councilman Spinelli moved approval of the Consent Calendar. Seconded by Councilwoman Knight
and carried unanimously.
COUNCIL COMMITTEE REPORTS
Vice Mayor O'Mahony reported she attended the CCAG finance committee meeting. Councilman
Spinelli attended the Airpofr Roundtable meeting. Councilwoman Knight attended Criminal Justice,
a Burlingame Homeowner's meeting and the JPB meeting. Councilwoman Janney attended the
Summer Jobs for Youth breakfast, she presented Dr. Gennaro with council's proclamation at the
retirement party, she also reported on the Chamber Progress Seminar in Monterey and noted some
councils had sent all their members to the seminar. Mayor Harrison attended the Convention
Bureau meeting and the steering committee for the Community Picnic.
OLD BUSINESS
Councilwoman Knight asked about the letter regarding parking tickets for vans; staff noted the
businesses on San Mateo Drive had asked for this ordinance because people cannot see the driveway
and businesses when tall vehicles are parked on the street; council directed staff to discuss this
problem and the complaints we are receiving.
Councilwoman Knight explained the Senior Commission minutes which noted that she suggested the
commission request a budget; in fact what she suggested at the meeting was that the commission
should be reimbursed for out of pocket expenses they incur while preparing the report they are
working on at this time.
Vice Mayor O'Mahony presented the Mayor with a letter from the local Russian American
Association requesting a proclamation. She had also received a complaint about changes to Ray
Park removing basketball poles and providing an area for roller hockey.
Mayor Harrison noted the letter complaining about the litter at the public parking lot next to
Safeway; he observed the lot and it does need cleaning. He watched the Olympic Torch parade
while standing at the corner of Burlingame Avenue and El Camino and the vacant lot there also
needs clearing.
NEW BUSINESS
Mayor Harrison set an appeal hearing for May 20 for the Peninsula Joint Powers Board's appeal of
the Beautification Commission's denial of a request to remove three trees in the Caltrian parking lot
at the Millbrae Train Station. Councilwoman Knight said she would like to attend her son's high
school awards night that same evening; she noted she will try to do both.
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Mayor Harrison mentioned the shuttle bus, Transportation Authority, and possible funding from AB
434 funds. He also received a letter from LAFCo regarding a proposed change to make it a branch
of county government under the Board of Supervisors. He objected to the proposal and he noted the
county is also telling the County Historical Society and Arts Commission to seek funding from cities
as the county will cut funding to these groups because of the loss of revenue from the Hilton Hotel
at the airport. Mayor Harrison noted the county had other sources of funding available.
Vice Mayor O'Mahony asked that we consider some landscaping at the Easton Branch of the library
as suggested by a resident in a letter; referred to the Park Department.
ACKNOWLEDGEMENTS
Commission Minutes: Beautification, April 4; Traffic, Safety and Parking, April 11; Senior,
April 18; Planning, April 22; Civil Service, April 9, 1996.
Deparfrnent Reports: Building Report, April 1996
Letters from Gerald Hughes and Terry Huebner regarding parking tickets they received on
their vans parked in the 700 block of California Drive.
ktter from Donald Martella regarding weeds on the vacant lot at El Camino and Burlingame
Avenue.
ktter from Tara Highlands Condominium Association regarding cable television.
Letter from the County Historical Society requesting funds.
Letter from SAMCAR proposing an amnesty program for second units.
ktter from Arthritis Foundation requesting funds for special event.
Irtter from Beverly Tuccori regarding various flyers left or thrown on her property during a
vacation.
City Attorney noted we can only ticket for littering if the person doing the littering is viewed by a
police officer.
j. I-etters from three neighbors of 847 Acacia regarding that site's hazardous conditions.
k.Letter from Dave Lombardi regarding litter and shopping carts in Safeway and Ralston
parking lots.
1. Proclamation Honoring "Tee" Carson, Jazz Pianist.
CLOSED SESSION
At 9:55 p.m. the Mayor adjourned the meeting to a Closed Session regarding labor negotiations with
the Police Officers Association and the Fire Fighters Association.
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RECONVENE OPEN SESSION -R AGREEMENT WITH POA
The open session reconvened at 10:11 p.m. Mayor Harrison announced council unanimously
approved the Memorandum of Understanding with the Police Officers Association for the period
January 1, 1996 through December 31, 1997 including a 2.5 percent salary increase in the first year
and a2.5 percent salary increase in the second year plus other benefit adjustments.
ADJOI-]RNMENT
The meeting was regularly adjourned at 10: 12 p.m.
Judith A. Malfatti
City Clerk