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HomeMy WebLinkAboutMin - CC - 1996.08.05BI.JRLINGAME, CALIFORNIA August 5, 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 Tex Patterson, former fire dispatcher. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of July 15, 1996 were clarified by Mayor Harrison onpage 2, line 3 "...should he ever remove his home and want to build three a houses on each of the three lots... " The minutes were approved 3-0 with Vice Mayor O'Mahony and Councilman Spinelli abstaining because they were absent from that meeting. PUBLIC HEARING - SECOND READING OF ORDINANCE 1550 - ESTABLISHING REGULA- TIONS FOR BUILDING AND DEMOLITION PERMITS FOR MULTIPLE LOT RESIDENTIAL SITES ZONED R-l City Planner reviewed her memo of July 22 whrch recommended council review the proposed ordinance as introduced and hold a public hearing. At the July 15 meeting council introduced this ordinance which would require a conditional use permit for demolition of an existing house in an R-1 zone which is constructed on more than one lot, and for new construction on those lots. The permit would prohibit demolition of existing construction on such a lot until after both the condition- al use permit and building permit had been issued. In addition, council directed staff to add specific development criteria for such lots including floor area ratio (FAR), protected trees, minimum lot frontage on a public street and minimum lot size and in addition to the conditional use permit it would require a variance for exceeding any one of the criteria. At introduction, council also suggested staff develop some wording which might be used to require variety in the architectural styles of homes built on adjacent lots created by demolition of a single house. Staff responded to council questions. Mayor Harrison read the names of persons who sent letters on this item. He then opened the public hearing and noted that each speaker would be limited to three minutes. Michael McCracken, attorney representing the property owners at 2500 Poppy, spoke in opposition, expressing his reasons for feeling that the proposed ordinance, if it was applied to his clients' property, was unfair and discriminatory since the proposed regulation is not consistent with the prevailing house size in the neighborhood and the proposed regulations would not apply to all substandard lots in the city. t9 Speakers in favor of the ordinance included Rich Grogan, 1450 Columbus; Stan Clark, 2507 Poppy; Jeff Byrd, 2505 Poppy; Cathy Baylock, 1527 Newlands; Terry Nagle, 2337 Poppy; Holly Daley, 2ll7 Poppy; Linda Abbey, 2415 Adeline; and Tom Perry. Their comments included: developer said neighbors knew about development and did not object, objected to a mailed anonymous letter, value diversity of architectural style in the city, regulation would have no effect on existing homes, need to state that new in-fill development match that existing in area including garage, buildings on multiple adjacent lots will have substantial impact on neighborhood since it will be there for a long time so should be examined more closely, glad to see the detached garage requirement removed from the proposed regulation, good idea to notice neighbors before any demolition, need to avoid use of same plans on consecutive lots in in-fill development, size of house should relate to size of lot, should have a sliding scale for FAR requirements depending on size of lot, its important that the regulations apply to all lots created when a house is demolished and the site becomes multiple lots, it is sad to lose these old homes, think only two homes should be built on the Poppy site, city should have design review and could put it on the ballot. Speakers in opposition were Gary Toothman, 1616 Willow; Joe Karp, 1209 Burlingame Avenue; Tim Regan, 1351 Montero; Curt Steil, 2500 Poppy; James Sorensen, 812 Newhall; Todd Robinette, 415 Concord; and Robert Regan, 1385 Hillside Circle. Their comments included: petition presented at last meeting was signed by only 1 percent of the residents of the city, if lot is standard should be subject to the same requirements as other standard lots in the city, understand the need to control the situation but all property owners should be treated the same, three new homes together are not a problem if they are distinctive, should consider how to make development on such lots different by addressing such items as different roof lines, exterior finish materials and architectural features, three adjacent lots in three different ownerships across the street from three lots used as one would not have to have special review before they could be redeveloped, paid taxes on two lots, main- tained two lots, want to be able to use two lots, object to the terms "resurrected" or "recreated" lot lines because the existing lines are not dead, current regulations allow a neighbor who is under construction to build 3400 SF but this regulation would allow 2400 SF on his lots simply because they are now in cofilmon ownership, new lots that are standard should be treated differently than substandard lots, people who own a site composed of more than one lot would have the value of their property reduced, people object to large houses but can't be too bad because people buy them, standards should be the same for all lots in the city. The hearing was closed. Council discussion ensued: concern about speculators and motive for buying such lots; special "feel" in this city we want to keep; want people to be able to subdivide, but still be fair to neighbors; should separate standard and substandard size lots; each project should be considered on its own merit; having separate garage breaks up mass of home; need to post demolition notice on property; FAR should not be touched for standard size lot; felt 500 SF FAR too small; could go to a "minor modification" type of procedure for neighbor review of such properties; our current code says Planning Commission can evaluate new development on its compatibility with neighborhood; need to compromise, suggested 750 SF FAR for substandard lots; would like to look at homes which were built after we adopted current FAR regulations. After further discussion Mayor Harrison directed staff to revise the currently proposed ordinance to address the following items. All such lots would be subject to a conditional use permit and a building permit, both of which must be issued before a demolition permit for any existing structures could be obtained. Under the conditional use permit standard lots would also be reviewed for location of protected trees within the footprint of new structures and for variety of roof lines, facades, exterior finish materials, blend with mass and scale of the existing houses as seen from the August 5, 1996 20 Burlingame City Council street frontage, and consistency with the immediate neighborhood. Substandard lots would be required to meet additional development criteria including a floor area ratio of .32 plus 750 SF, no protected trees within the footprint of new structures, and variety of roof lines, facades, exterior finish materials, blend with mass and scale of the existing houses as seen from the street front- age,and consistency with the immediate neighborhood. Exceptions to these criteria for substandard lots would require a variance. Mayor Harrison directed staff to revise the proposed ordinance to incorporate these considerations and bring it back to the September 3, 1996, meeting for another public hearing and action. Mayor Harrison called for a brief recess at 9:03 p.m. The meeting reconvened at 9:10 p.m. with all council members present. PUBLIC HEARING CONTINUED TO SEPTEMBER 3. 1996 - APPEAL FOR SPECIAL PERMIT FOR TAKE-OUT FOODS AT 274 LORTON AVENUE Mayor Harrison acknowledged a request from the appellant to continue the hearing because she had been involved in an accident. The hearing was rescheduled for the September 3 meeting. PUBLIC COMMENTS James McGovern said the city never finished the grading on project 802, a hillside behind his home. City Manager said the city has no future plans for this area. Mayor Harrison recalled previous letters and talk about this site and that staff determined it was not necessary to grade more in order to complete the job. City Engineer said further grading could have affected the slide site. Angelo Dellacasa, Victoria Road, showed council an offensive flyer which was posted in his neighborhood in December. Mayor Harrison reviewed the City Clerk's memo of July 12 which recommended council appoint a voting delegate and an alternate for the kague conference to be held in Anaheim in October. Councilwoman Janney planned to attend the conference. Councilman Spinelli said he also planned to attend. Councilman Spinelli was appointed voting delegate and Councilwoman Janney was appointed alternate. RESOLUTION 64-96 INTENTION TO PARTICIPATE IN COUNTYWIDE ADVANCED LIFE SUPPORT SYSTEM City Manager reviewed his memo of July 30 which recommended council adopt a resolution of intention to participate in an integrated county-wide Advanced Life Support System and that up to $10,000 from the contingency appropriation fund be authorized for shared consultant technical assistance in implementation of the next phases of the system. In recent years an increasing amount of fire department activity has been devoted to medical emergencies. In most cases the fire department is the first responder to medical emergencies, arriving prior to the ambulance and paramedics. Burlingame currently provides paramedics on most engines. Given the growing role in emergency medical service and the pending expiration of the ambulance contract for San Mateo County, a group of fire chiefs, city managers, and fire labor representatives have examined the feasibility of formally integrating into the Advanced Life Support System. If sufficient cities Burlingame City Council 2t August 5,1996 DESIGNATE VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES CONFERENCE express an interest in this concept, the cities/districts would hire a consultant to work toward developing this program. He responded to question about wording of the resolution. Councilman Spinelli moved adoption of RESOLUTION 64-96. Seconded by Vice Mayor O'Mahony and carried unanimously 5-0 on voice vote. RESOLUTION 65-96 ESTABLISHING 1996-97 WATER RATES Finance Director reviewed his memo of July 31 which recommended council adopt a resolution maintaining the same water rates of $1.85 per 1,000 gallons for 1996-97 for the city and $2.09 for Burlingame Hills and eliminating the $1.00 capital improvements surcharge for Burlingame Hills. Councilwoman Janney moved adoption of RESOLUTION 65-96. Seconded by Councilwoman Knight and carried unanimously. INTRODUCTION OF ORDINANCE 1551 ESTABLISHING 1996-97 SEWER RATES Finance Director reviewed his memo of July 30 which recommended council introduce this ordinance revising sewer rates and set a public hearing for September 3,1996. Federal regulations require that operation and maintenance costs for the city sewer enterprise be paid from the sewer rate with a specific method for calculating the rate based on flow and loading. The proposed rates for single family residential increase 4.2percerfi, multiple family increase 7.36percent and institutional increase 1.59 percent. Commercial rates increase 2.7 percent, moderate commercial decrease 2.3 percent and food related decrease 0.8 percent. These commercial categories pay 62 percent of the sewer charges. When combined with the estimated revenue from Hillsborough, Burlingame Hitls and miscellaneous revenue, these rates should raise revenue equal to the 1996-97 sewer operating budget, plus $400,000 for capital improvements and $340,000 for the California Drive collector system. Vice Mayor O'Mahony moved to introduce ORDINANCE 1551. Seconded and carried unanimous- ly by voice vote. REOUEST FROM PARKS & RECREATION COMMISSION FOR A JOINT MEETING Parks & Recreation Director reviewed the July 30 memo from Donald Roberts, chairman of the Parks & Recreation Commission requesting a joint meeting between the city council and the commission. Chairman Roberts reiterated his request and the commission's concerns about teens. Council agreed to include this joint meeting with the Study Meeting of September 18. Council also indicated the October study meeting would be a joint meeting with the Planning Commission. Mayor Harrison said he had received an inqurry about services to seniors, noting several adjacent cities have senior centers; he hoped the Recreation Center was making space available to seniors. CONSENT CALENDAR Vice Mayor O'Mahony had questions regarding "h" to which staff responded. a. INTRODUCTION OF ORDINANCE 1552 REVISING DEFINITIONS OF FINANCIAL INSTITUTIONS. HOTELS AND FLOOR AREA RATIO GAR). ADDING DEFINITION August 5,1996 )',Burlingame City Council OF RESIDENTIAL HOTELS AND SPECIFYING ZONES WHERE ALLOWED. AND AMENDING ANTENNA REGULATIONS City Planner's memo of July 26 recommended council introduce this ordinance and set hearing for the September 3 meeting. At the joint Planning/Council meeting in April staff was directed to make a clarification to the regulations addressing ATM (money machines) and in how attic areas were considered in calculating FAR. Staff has found three editorial oversights from the R-1 and R-2 district regulation revisions and one correction to the antenna ordinance. Lastly, council directed staff to clarify the definition of "hotel" to be consistent with the policies in the Specific Area Plan for the Bayfront/Alza areas. This proposed ordinance includes all these corrections. RESOLUTION 66-96 AUTHORIZING APPLICATION FOR LAW ENFORCEMENT BLOCK GRANT Police Chief's memo of July 11 recommended council approve a resolution allowing the city to file an application for a law enforcement block grant totaling $18,906. Part of the grant ($5,OOO1 would be allocated to the GREAT program with the balance to overtime for the downtown business area. RESOLUTION 67-96 AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY CONVENTION AND VISITORS BUREAU FOR 1996-97 City Manager's memo of July 25 recommended council approve an agreement for promotion- al services for 1996-97 in the amount of $365,000, a 4.8 percent increase from last year. RESOLUTION 68-96 AUTHORIZING RENEWAL OF SHUTTLE BUS CONTRACT AND EVALUATION REPORT ON SHUTTLE BUS PROJECT Finance Director's memo of July 25 recommended council approve the resolution authorizing an agreement with the San Mateo County Transportation Authority for use of Measure A funds for the "free bee" shuttle commuter bus service. The Finance Director's memo of July 22 provided an evaluation of the shuttle bus service for the 1995-96 year. FOR MILLS CREEK DEBRIS REMOVAL - CP 9607(3) Public Works memo of July 30 recommended council approve a resolution authorizing an agreement with Questa Engineering in the amount of $22,000 for professional services. RESOLUTION 70-96 AUTHORIZING AMENDMENT TWO TO AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES - LANDFILL REGARDING AND GAS SYSTEM INSTALLATION - CP 9117 Public Works memo of July 31 recommended council approve an agreement authorizing this second amendment with Woodward-Clyde Consultants in the amount of $58,500. This amendment extends services from the original 25 week period to 43 weeks of construction. c d e. f Burlingame City Council 23 August 5,1996 b. (}b RESOLUTION 71-96 AUTHORIZING AGREEMENT FOR CONSTRUCTION MANAGE- MENT SERVICES FOR LANDFILL GAS FLARE INSTALLATION - CP 9117A Public Works memo of July 3L recommended council approve this agreement with Landfill Systems Engineering for $35,850. FOR MILLS CANYON SLIDE REPAIR - CP 9607(2) Public Works memo of July 31. recommended council approve this agreement with lowney Associates for $14,232 for professional geotechnical services for this project. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 44508 - 44946, duly audited, in the amount of $1,481 ,967.35 and Payroll Checks 87283 - 88018 for the month of June 1996 in the amount of $1,221,790.20. J. CANCELLATION OF AUGUST 19 AND 21 CITY COUNCIL MEETINGS City Manager's memo of July 29 recommended council cancel the August 19 and 2l meetings. The next regular meeting would be Tuesday, September 3, 1996. DENIAL OF CLAIMS: (1) CALVIN LIU: (2) RON STILLMAN: (3) VALERIE BRUNI- CARDI: (4) NAHEED MANGI City Attorney's memos of July L6, 19,22 and 17 respectively recommended council deny the claims for (1) the Eucalyptus tree falling across California Drive; (2) the tree falling on California Drive; (3) a sidewalk fall; (4) and a request to file a late claim for alleged emotional distress, invasion of privacy and conspiracy. Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilwoman Knight and carried unanimously. Councilwoman Knight reported on Criminal Justice. Councilwoman Janney reported on the Council of Cities, North County Council of Cities, and CMAC meetings. Councilman Spinelli told about the Airport Roundtable. Mayor Harrison had also attended the Council of Cities meeting. OLD BUSINESS Councilwoman Knight asked if it might be better to schedule the appeal for 274 Lorton for a later meeting after the Study Meeting at which council will discuss take out permits. Staff noted the appeal hearing is a code enforcement matter. Council agreed not to delay it. h k. August 5,1996 24 Burlingame City Council COUNCIL COMMITTEE REPORTS NEW BUSINESS Councilwoman Knight received a call about a possible fire hazard from weeds off Skyline. Staff will have work crews check it. Mayor Harrison asked about the lack of progress on the Easton Creek project and Hyatt Hotel's request to rent some of the adjacent land near that project. City Engineer met with Hyatt recently. Mayor Harrison also mentioned some memos from Councilwoman Ifuight regarding non-city issues which were printed on paper headed "City of Burlingame. " He objected to using the crty heading on those memos. Councilwoman Knight said she would change her fax and memo format. Councilwoman Janney reminded council that each member is only 20 percent of the whole council. ACKNOWLEDGEMENTS a. Commission Minutes: Traffic, Safety and Parking, July 11; Planning, July 22, 1996. Councilman Spinelli asked about a vote in the Planning minutes for I32 Costa Rica b. Department Reports: Police Reports, May and June 1996. c ktter from Western Rigging Products regarding parking problems on Rollins Road and North Carolan Avenue. Chief of Police said officers are checking the area. d. l,etter from San Francisco supervisor Susan kal regarding "saturday night special" hand- guns. e. Proclamation for Pollution Prevention Week, September t6, 1996. f. I-etter from Don Miller regarding incidents on Burlingame Avenue involving teens. Mayor Harrison asked that Miller be notified that staff and council are looking into this concern. g. lrtter from Bette May regarding condition of sidewalks in Burlingame. h. Letter from L.A. Rippey with concerns about conditions on Burlingame Avenue and about loss of historic buildings. i. lrtter from Daniel Hager regarding a parking ticket he received. CLOSED SESSION At 10:05 p.m. Mayor Harrison adjourned the meeting to a closed session regarding labor negotia- tions with (1) Dispatchers (Teamsters Local 856) and (2) Police and Fire Administrators. The meeting reconvened at 10:18 p.m. with no action being taken. Burlingame City Council 25 August 5,1996 ADJOURNMENT IN MEMORY OF WILLIAM PITCHER Mayor Harrison noted with sadness the death of our City Attorney's brother-in-law William Pitcher. After a moment of silence in his memory, the meeting was adjourned at 10:20 p.m. A. City Clerk August 5, 1996 26 Burlingame City Council