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HomeMy WebLinkAboutMin - CC - 1996.07.15BIJRLINGAME, CALIFORNIA July 15, 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 kd by John Rouse from the audience. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT O'MAHONY, SPINELLI MINUTES The minutes of the Regular Meeting of July L,1996 were approvedunanimously after a clarification on page 4 by Mayor Harrison. SECOND READING - PUBLIC HEARING - ORDINANCE 1549 REVISING ANTENNA REGULATIONS City Planner reviewed her memo of June 24 which recommended council hold a public hearing and take action. The FCC has revised regulations that set the parameters on local regulation of satellite dish antennae. In light of these changes, staff is proposing substantial revision of the city's present regulations. Currently every satellite and amateur antenna requires an antenna permit; antennas that do not conform with the basic standards, require an antenna exception. This proposed ordinance eliminates the requirement for an antenna permit but for certain cases retains the requirement for an antenna exception. Staff responded to council questions and comments. Mayor Harrison opened the public hearing. Alexander Bogdis, 601 Burlingame Avenue, said he was neither for or against the ordinance; said this change is creating new rules and will extend the law suit regarding antennas, we will have to start over again; felt the city is wasting money on this law suit; he thought the city should eliminate all ordinances regarding antennas, there should be no regulation. Mayor Harrison commented council cannot discuss the law suit. Councilwoman Janney moved adoption of ORDINANCE 1549. Seconded by Councilwoman Knight and carried 3-O-2 on voice vote, Vice Mayor O'Mahony and Councilman Spinelli absent. PUBLIC COMMENTS Mayor Harrison noted there are some people here to speak about the proposed ordinance regarding recreated lot line lots. He received calls about a letter people had received which invited them to come to this meeting. The letter falsely appeared to be from the Mayor or council but the city had nothing to do with the letter. t3 Gary Toothman, 1616 Willow, said he lives in a home built on three lots, but they are standard size lots; the urgency ordinance refers to substandard lots, but this new ordinance will affect all lots including his standard size lots should he ever remove his home and want to build a house on each of the three lots; this ordinance will decrease the value of his property; said the effect on the community of condos built every year along El Camino have a much greater impact than any houses he might build; felt any restrictions should apply to all construction. City Attorney informed the council and audience that the speakers are not giving testimony, these comments will not be carried over in the record for the future public hearing on the ordinance. These people should speak at the next meeting. Tim Regan, 1351 Montero, lives in a house built on two standard lots; has paid taxes on two lots for 40 years; said the minutes of July 1 meeting refer to substandard lots but this ordinance will apply to all adjacent lots; they are building a 3500 SF house next door to him but with this ordinance he would be required to downsize any home built on his lots; ordinance is not fair. Carol Prater, 1361 Vancouver, reviewed a program funded by the Packard Foundation at our public schools; an enrichment academy at McKinley School and Transitions at the high school; she also presented council with tickets to a play by Burlingame Community Theater. Keith Supanich, 1036 Cabrillo, said he felt the same as the other speakers regarding the proposed ordinance; he owns a home built on three standard lots; he did not think standard size lots should be discriminated against. INTRODUCTION OF ORDINANCE 1550 ESTABLISHING REGULATIONS FOR BUILDING AND DEMOLITION PERMITS ON MULTIPLE LOT RESIDENTIAL SITES City Planner reviewed her memo of June 24 which recommended council introduce this ordinance and set a public hearing for August 5,1996. At the July 1 meeting council discussed the issue of recreated lot lines (the legal lot lines of old subdivisions which come back when a house which is built over two or more lots is removed). Council directed staff to prepare an ordinance which would require a conditional use permit for all development on all such lots; require that a building permit be issued before any such structure is to be demolished; and require that certain other criteria be met by the development or that a variance to those criteria be required as well as the conditional use permit. The proposed ordinance requires a conditional use permit and further requires variances if certain standards are not met; it applies only to lots zoned R-1. There are a number of sites with houses built over two or three lots in the city that this ordinance would affect, there are also some houses built on a "lot and a half" and some with slivers created by minor lot line adjustments done before the lots were sold which will also be affected. This ordinance would apply to all lots which are recreated when an existing house is demolished. In some cases these recreated lots may meet all city lot size requirements, in other words the ordinance does not just address substandard lots. The ordinance also includes language to end the moratorium when the ordinance becomes effective. Council discussed at length; Councilwoman Knight was concerned about requirement for detached garages because some neighborhoods have homes with garages attached, split levels or garages under the home; should look at matching the character of the neighborhood. Staff noted council can make any changes to the ordinance it desired. Councilwoman Knight also hoped we keep the 32 percent plus 500 SF FAR review line regulation; was pleased council will study FAR further in September. Councilwoman Janney noted these regulations are not locked in concrete, council and t4 commission has some discretion and confirmed any application could be reviewed. Councilwoman Knight noted the Planning Commission interprets council direction and ordinances. Mayor Harrison said he would like to have another joint session with the Planning Commission, perhaps in October; he would also like to see something about diversity in the ordinance so that we don't see "cookie cutter" homes being built. Councilwoman Knight moved to introduce ORDINANCE 1550, eliminating item 5 in section 25.28.090 concerning detached garages. Seconded by Councilwoman Janney and carried unani- mously, 3-O-2, Vice Mayor O'Mahony and Councilman Spinelli absent. STATUS REPORT ON UNREINFORCED MASONRY ruRM) BUILDING RETROFIT COMPLI- ANCE City Manager reviewed the Public Works memo of July 10 which recommended council review the status of specific unreinforced masonry buildings and provide direction to staff. Potentially hazardous URM buildings were required to comply with our URM ordinance by July l, 1996. As of this date, 40 of the 54 buildings are in compliance; an additiornlT are currently in the process of being retrofit and two are under contract to begin work withit2 to 4 weeks; one property has been given a 90 day extension due to a dispute with a tenant. The remaining four buildings are: 121.0- 1216 Burlingame Avenue which is in the planning stage, the major tenant Copenhagen Bakery has an application before the Planning Commission to expand its business; 1407 Burlingame Avenue submitted plans in December 1994, the engineer picked up the reviewed drawings in January 1995 but has taken no action since that time. The property is handled through a trust and the bank is trying to find another engineer to prepare new drawings. They say funds are available to do the work, the building contains Coffee Critic and Baskin Robbins. 100 California had plans approved in April 1996 but building permits have not yet been issued and there is a dispute between the property owner and tenant, Putnam Buick. 220 East Lane is a small building recently containing John ke Cleaners, a permit has been issued but the owner may demolish the structure. Staff suggested council continue the item for 90 days. Councilwoman Knight continued to be concerned about the safety of these buildings and would not object to posting them to warn the public they are entering a potentially dangerous building. Councilwoman Janney moved to continue the item for 90 days. Seconded by Mayor Harrison and carried 2-l-2, Councilwoman Knight voting no, Vice Mayor O'Mahony and Councilman Spinelli absent. RESOLUTION 56-96 SUPPORTING ESTABLISHMENT OF THE BURLINGAME ARTS AND CULTURE ALLIANCE GACA) City Manager reviewed a memo from Henry Use representing a group of citizens requesting council's support of a resolution establishing the Burlingame Arts and Culture Alliance (BACA). Mayor Harrison invited Henry Use to speak. Henry Use, 126 Clarendon, explained he is a long- time teacher and resident; said several cities have such committees to encourage and sponsor art and culture projects for citizens and schools. It would serve as an umbrella organization for groups supporting and encouraging arts in Burlingame. Council members were pleased to support it. Councilwoman Knight moved to adopt RESOLUTION 56-96. Seconded by Councilwoman Janney and carried unanimously 3-0-2, Vice Mayor O'Mahony and Councilman Spinelli absent. 15 CONSENT CALENDAR Regarding "g" the contract for Easton Creek, the City Manager said the contract was renegotiated for a lower cost of $339,202. Regarding "j" for appointment of student advisors for the commis- sion, Mayor Harrison noted an error in the Park and Recreation staff report where a student applicant's name was incorrect. a.RESOLUTION 57-96 AWARDING TREE PRUNING 1996-97 - CP 9621 Park & Recreation Director's memo of July 9 recommended council award this project to Arbor Care for a bid of $38 per man hour not to exceed $95,000. b. RESOLUTION 58-96 AWARDING CROSSING GUARD CONTRACT Police Chief's memo of July 2 recommended council award this contract to All City Management Services in the amount of $46,397 to provide crossing guards at specified intersections in the city for the period of August l, 1996 through July 31 ,1997. RESOLUTION 59-96 AUTHORIZING AGREEMENT FOR SERVICES - LA MESA DRIVE STORM DRAIN REPAIR - CP 9624 Public Works memo of July 2 recommended council approve an agreement with Wilsey & Ham in the amount of $8,000 for professional engineering services for this project. d.RESOLUTION 60-96 AUTHORIZING AGREEMENT FOR SERVICES - BEACH ROAD PEDESTRIAN BRIDGE REPLACEMENT . CP 8926 Pubtic Works memo of July 1 recommended council approve an agreement with Cole Management and Engineering in the amount of $23,805 for professional management and engineering service for this project. RESOLUTION 61-96 AUTHORIZING AGREEMENT FOR SERVICES - AIRPORT BOULEVARD RECONSTRUCTION. LANG ROAD TO FISHERMAN PARK - CP 9411 Public Works memo of July 1 recommended council approve an agreement with Cole Management and Engineering in the amount of $21,045 for professional management and engineering service for this project. RESOLUTION 62-96 AUTHORIZING THE DEDICATION OF OPEN SPACE - EASTON CREEK MITIGATION PROJECT - CP 9OO9 Public Works memo of June 28 recommended council approve a resolution dedicating open space. As a result of Army Corps of Engineers permit to allow work in Easton Creek betweenBayshore andthe freeway, the city is required to return 0.32acre to wetlands. The reclamation area is located in the Sanchez Lagoon near the Anza Boulevard Bridge. The area will be excavated and graded to below the line of high tide in order to satisff the mitigation requirement. This is an area under BCDC jurisdiction and BCDC has approved the dedication of this open space. c e f t6 RESOLUTION 63-96 AWARDING CONTRACT FOR EASTON CREEK MITIGATION - cP 9009 Public Works memo of July 10 recommended council approve awarding this project to Cooper Crane & Rigging in the renegotiated amount of $339,202. This project is to restore one third acre of land to wetland habitat as mitigation for the construction of a concrete lined culvert on Easton Creek. h. CANCELLATION OF STUDY MEETING OF JULY 17 City Manager's memo of July 8 recommended council cancel the July 17 meeting because two council members will be absent. The next study meeting will be September 18. DENIAL OF CLAIM OF KYLE McDONALD City Attorney's memo of July 1 recommended council deny this claim for injuries from a sidewalk fall at a private reconstruction site. APPOINTMENT OF ADVISORY YOUTH MEMBERS TO PARK & RECREATION COMMISSION Parks & Recreation Director's memo of July 12 recommended council appoint Mickie Dougherty and Jeff Cretan as Advisory Youth Members of the Park & Recreation Commis- sion for one year terms, July 15, 1996 to June 30, 1997. K. ENCROACHMENT PERMIT FOR RETAINING WALL AT 1643 ESCALANTE Public Works memo of July 10 recommended council approve this permit subject to usual conditions. Councilwoman Janney moved approval of the Consent Calendar. Seconded by Councilwoman Knight and carried unanimously, 3-0-2. COUNCIL COMMITTEE REPORTS Councilwoman Janney reported on the CMAC Committee meeting. OLD BUSINESS Councilwoman Knight said she had spoken to the Newcomer's Club which expressed hope that the city would enforce the newsrack ordinance. NEW BUSINESS Mayor Harrison set an appeal hearing for August 5 for a special permit for take-out at 274 Lorton. Mayor Harrison noted a memo from the City Planner regarding an inquiry about a "long-term stay" hotel locating in our hotel area. He felt such use was inconsistent with the Specific Area Plan and the code should be clarified so that it was consistent with the Plan; council concurred. j t7 (}b. e f. Mayor Harrison also noted the report on commission attendance and said that Traffic Commissioner Norton has moved out of town. Deadline for new applicants was set for 30 days. Councilwoman Knight commented she was sorry to have missed the Library Board meeting at which a presentation on interior decorations for the new library was made, she would like to have seen it. ACKNOWLEDGEMENTS a. Commission Minutes: Library Board, June 18; Senior, June 20; Planning, JuIy 8, 1996 b. Department Reports: Building, June 1996; Treasurer, June 30, 1996. c. Irtter from Bette May regarding garage sale signs. Mayor Harrison suggested a letter thanking her for removing the signs. d. Irtter from Becky Johnson regarding leaf blowers. Mayor Harrison wished there was something to be done; staff said the Gardener's Association members could be notified. ktters regarding 2500 Poppy from Cohenet, Nagel and Van de Camp. ktters regarding substandard size lots in R-1 from Nugent and Toothman. CLOSED SESSION At 8:00 p.m. the Mayor adjourned the meeting to a Closed Session regarding labor negotiations with the Fire Fighters Association (IAFF), the Middle Managers (BAMM), the Public Service Employees (BPSEA) and the Dispatchers (Teamsters). LABOR AGREEMENT WITH FIRE FIGHTERS ASSOCIATION (IAFF) The meeting reconvened at 8:13 p.m. and Mayor Harrison announced that the council on a 3-0-2 vote approved a two year labor agreement with the Firefighters. This agreement calls for salary increases of 2.5 percent each year plus increases in education and specialist pay to provide advanced life support (ALS) service. ADJOURNMENT IN MEMORY OF JIM HAMROCK Mayor Harrison noted with sadness the recent death of Jim Hamrock, former Senior Commissioner, member of the State Senior Legislature and member of the Burlingame Lions Club. After a moment of silence, the meeting was adjourned in his memory at 8:16 p.m. Judith A. Malfatti City Clerk 18