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HomeMy WebLinkAboutMin - CC - 1996.09.03BI,JRLINGAME, CALIFORNIA September 3, 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 Carol Groom, President of the Chamber of Commerce ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of August 5, 1996 were approved unanimously after an addition by Councilwoman Knight on page 7 at the end of the third paragraph, "Councilwoman Knight also reminded council that they speak for the majority of council at regional meetings." PRESENTATION OF PROCLAMATIONS: MERRILL LIONEL WARNE ON HIS 1OOTH BIRTHDAY: LIONS WHITE CANE DAYS Mayor Harrison presented a proclamation to our City Planner and asked that she present it to her Uncle Merrill Lionel Warne, a long-time resident of our city, who will be celebrating his 100th birthday on September 6, 1996. Mayor Harrison called forward John Benson, local businessman and representative of the Burling- ame Lions Club, to present the proclamation for Lions White Cane Days on October 4-5, 1996. REOUEST TO CONTINUE APPEAL FOR IO7-121 EL CAMINO REAL CONDOMINIUM PROJECT Mayor Harrison announced this appeal would be continued to the October 7 meeting. Councilwom- an Knight asked how many times this could be continued. Staff responded as long as council wishes, staff noted the developers have done no demolition of the existing buildings. PUBLIC HEARING - CONTINUED SECOND READING OF ORDINANCE 1550 - ESTABLISH- ING REGULATIONS FOR BUILDING AND DEMOLITION PERMITS FOR MULTIPLE LOT RESIDENTIAL SITES ZONED R-l City Planner reviewed her memo of August 21 which recommended council review the proposed revisions to the ordinance and hold a public hearing. At the August 5 meeting council gave direction for revising this ordinance so that 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 27 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 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. Exceptions to the FAR criteria for substandard lots would require a variance. She also noted a special permit would be needed to replace a single home with another single home on such a multiple lot. Staff responded to council questions and comments. Mayor Harrison read the names of persons who sent the most recent letters on this matter. He then opened the public hearing and noted that each speaker would be strictly limited to three minutes. Speaking in opposition were: Michael McCracken, attorney representing the property owners at 2500 Poppy; Kurt Steil, an owner of 2500 Poppy site; Iaura Sniderman, representing Board of Realtors; Tim Auran, 1323 Bernal; Charles Voltz, 725 Yernon; Mary Hunt, 725 Yernon; Gary Toothman, 1616 Willow; Tim Regan, 1351 Montero; staff clarified that this ordinance would only apply to multiple adjacent substandard lots, not to all substandard lots in the city; questioned fairness of ordinance; wondered how the moratorium applied to public health and welfare; stated the Nagle home is remodeled and over the FAR allowed on new construction; ordinance is "knee-jerk" response; very few multiple lots like this; same FAR should be applied to all substandard lots; affects ability to sell these properties; real concern of the Poppy Drive neighbors is building "cookie-cutter" homes; believe the ordinance should be scrapped; creating a solution worse than problem; ordinance is discriminatory; concerned about replacing home if destroyed by fire would need special permit. Staff clarified that an existing non-conforming home could be replaced after a disaster without special permit. Speaking in favor: Stan Clark, 2501Poppy; Linda Abbey, 2415 Adeline; Terri Nagle, 2337 Poppy; first three meetings council heard from many people in favor of ordinance; the ordinance will help solve the problem; bigger issue is "monster houses"; need design review; would like neighborhood review of FAR issue; consider the motive of the speakers in opposition, realtors and developers. Denise Laugesin, 450 Marin, who was opposed to the ordinance, said these people are not opposed to size but to fitting into the neighborhood. Karen Sinclair, 2508 Poppy, disagreed; she bought home next door to 2500 Poppy because of the open space around that home, now concerned about the FAR of three houses built on the site; urged passage of ordinance. The hearing was closed. Vice Mayor O'Mahony said council has discussed this issue for several months; this ordinance would only affect multiple lots; density and FAR with additional square footage added can greatly effect smaller lots; this witl still allow families to develop their sites. Councilman Spinelli agreed and said this is a good compromise. Councilwoman Knight had met with Sniderman and Mary Hunt before the meeting and it was good to get their viewpoint but she felt this ordinance will help preserve neighborhoods, she would support it. Councilwoman Janney was concerned about the fairness of this ordinance; she felt the FAR was too restrictive for substandard lots and we could review each project on its own merit, she would prefer an FAR plus 1000 SF. Mayor Harrison noted both sides have some problems with this ordinance, this is a compromise, if a project meets all other criteria, it can apply for a variance; he would support the ordinance. Vice Mayor O'Mahony moved adoption of ORDINANCE 1550. Seconded by Councilman Spinelli and carried unanimously 5-0 by voice vote. September 3, 1996 28 Burlingame City Council PUBLIC HEARING - CONTINUED APPEAL FOR A SPECIAL PERMIT FOR TAKE-OUT FOODS AT 274 LORTON AVENUE - RESOLUTION 73-96 Cify Planner reviewed her memo of July 26 which recommended council hold a public hearing and take action. Cheryl Enright, applicant and owner of the California Candy Company at 274 I-orton, is requesting a take out permit to sell ice slush/fruit drinks for consumption off site. She has no tables and chairs inside; she has an encroachment permit for a bench outside. The planning commission approved this request with several conditions. Since the special permit goes with the property, they modified condition 4 to limit the products for take out so that a future tenant could not use the site for sandwiches, hot dogs or similar products. The applicant objected to this limitation and appealed to council. The Mayor noted the entire issue is subject to review at this hearing, not just the single condition to which the applicant objected. Mayor Harrison opened the public hearing. Cheryl Enright, applicant, reviewed her original permit and that she was not required to have a take out permit for candy business; purchased a slush machine at great expense; she reviewed other businesses in area with take out permits, these business create much more waste than her business would; she felt it unfair that her small business is singled out for such limitation when the others are not limited. Vince Mtlzzi, El Camino, said this was appealed because of the product limitations in condition 4; she would have to come in for another permit for any new product which would affect her ability to compete; he urged council change this condition. The hearing was closed. In response to council questions, staff reviewed that most of the other take out permits which Enright mentioned are for food establishments with seating. Council discussed: permit goes with property, that is why there are limitations; objected to take out pennits in general, council will be studying these further; council members indicated they would support the planning commission. Vice Mayor O'Mahony moved to uphold the planning commission by adoption of RESOLUTION 73-96 with conditions listed in staff report. Seconded by Councilman Spinelli and carried unani- mously. PUBLIC HEARING - SECOND READING - ORDINANCE 1551 ESTABLISHING 1996-97 SEWER RATES City Manager reviewed the Finance Director's memo of July 30 which recommended council adopt this ordinance revising sewer rates after a public hearing. Federal regulations require that operation and maintenance costs for the crty 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 4.2 percent multiple family increase 7 .36 percent and instinrtional rates increase 1.59 percent. Commercial rates increase 2.7 percerfi, moderate commercial rates decrease 2.3 percent and food related decrease 0.8 percent. These commercial categories pay 62 percerrt of the sewer charges. When combined with the estimated revenue from Hillsborough, Burlingame Hills and miscellaneous revenue, these rates should raise revenue equal to the L996-97 sewer operating budget, plus $400,000 for capital improvements and $340,000 for the California Drive collector system improvements which are mandated by the RWQCB. Mayor Harrison opened the public hearing. There were no cofirments and the hearing was closed. Burlingame City Council 29 September 3,1996 Councilwoman Janney moved to adopt ORDINANCE 1551. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1552 REVISING DEFINITIONS OF FINANCIAL INSTITUTIONS. HOTELS AND FLOOR AREA RATIO GAR). ADDING AND AMENDING ANTENNA REGULATIONS City Planner reviewed her memos of August 2l and luly 26 which recommended council hold a public hearing and adopt the ordinance making corrections to the zoning code. 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/Anza areas. This proposed ordinance includes all these corrections. Mayor Harrison opened the public hearrng. Martin Orlick, an attorney representing Bank of America, said the agenda for the August 5 meeting listed introduction of Ordinance t552 but did not mention financial instinrtions. Today he received the agenda for this meeting and the agenda item title for Ordinance 1552 now included the revision of definitions of financial institutions. He asked the matter be continued to the next meeting because they did not receive adequate notice and the banking industry would like to give input to the city regarding this subject. The hearing was closed. City Planner explained that this change only eliminates ATMs from the definition of financial institutions so that a conditional use permit is no longer required for this activity; she had no problem continuing the matter if council desired. She responded to council questions regarding ATMs and also discussed staffed "mini banks" which are now appearing in grocery stores. Mayor Harrison noted changes can be made to the zoning code at any time and Orlick was welcome to continue discussions with the City Planner. Councilman Spinelli moved adoption of ORDI- NANCE t552. Seconded by Councilwoman Janney and carried unanimously. NEGATIVE DECLARATION FOR REPAIR OF LANDSLIDE IN MILLS CANYON City Planner reviewed her memo of August 28 which recommended council review the negative declaration and hold a public hearing. A majority of council must accept the document before it can be filed with the county clerk and work can corrmence. In December 1995 there were major storms which caused a landslide in a spur canyon of Mills Canyon below homes on Toledo Court. The slide was on a steep slope covered with native grasses. The soil movement caused a rupture of an 18 inch storm drain which caused further erosion of the slide and carried debris from the slide into Mills Creek. Emergency repairs were done immediately and more permanent repairs must be done to the line before the rainy season. The negative declaration address the stabilization and repairs to the landslide area itself. This work needs to be done before wet weather begins. Council has approved the 25 percent matching funds for the State emergency funding. All mitigation have been included in the project. Staff responded to council questions. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed September 3,1996 30 Burlingame City Council Vice Mayor O'Mahony moved approval of the Negative Declaration, finding there is no substantial evidence the project will have a significant effect on the environment. Seconded by Councilwoman Janney and carried unanimously. PUBLIC COMMENTS Jaclyn Bresson, 1415 Floribunda, expressed her concern about jet fuel fumes from the airport; wondered if the city could do anything about it and if it posed a health concern. Councilman Spinelli told her about the Airport Roundtable and invited her to a meeting of that body. James McGovern said he spoke at the last meeting about the landslide on his property and he objected to the minutes not reflecting everything he said. Mayor Harrison explained the minutes are semi-action minutes, not verbatim minutes. McGovern continued his complaints about city action regarding the landslide near his home. Christa Hazlett, reporter for the Boutique & Villager newspaper, introduced herself to council. AMUSEMENT PERMIT FOR SPECIAL EVENT ON SEPTEMBER 10 AT TAVERN GRILL. 1448 BURLINGAME AVENUE City Attorney reviewed his memo of August 27 which recommended council review the request and take action. Timothy Harmon of Tavern Grill is requesting a special event be held on September 10, it will be a fund raiser for the National Brain Tumor Foundation. He is also asking the $100 fee be waived for this charity event. They plan to hire four security doormen and will observe their occupancy limitations. Timothy Harmon was present. Councilman Spinelli moved to approve the special event and to waive the $100 fee if it was donated to that charity. Seconded by Councilwoman Knight and carried unanimously. SIMPLIFICATION OF TRAFFIC ALLOCATION PROCEDURES City Planner reviewed her memo of August 22 which recommended council review the proposed simplification of procedure and direct staff. In 1981 council adopted the Specific Area Plan for the Bayfront/Anza areas which based the density of allowed land uses on the traffic capacity of critical intersections. The plan anticipated certain improvements to roadways which would increase the capacity. In addition developers were charged a bayfront development fee to fund part of the cost of improvements to these intersections. Two of the four intersection improvements have been completed and another is being reconsidered. The remaining improvement is to Peninsula inter- change which is located in the City of San Mateo. The present improvements appear to be adequate to support the density of immediate future development and traffic allocation review by council no longer seems necessary. Applicants would still be required to pay a Bayfront Development Fee, half collected when the application is submitted and the other half required when final framing is called for, and to get a traffic allocation when their project is reviewed by the city. She responded to council questions and discussed the Peninsula interchange area and possible changes in that area. Vice Mayor O'Mahony moved approval of the new procedure for traffic allocations. Seconded by Councilwoman Janney and carried unanimously. Burlingame City Council 31 September 3, 1996 COMMISSIONER APPOINTMENTS AND TERM EXPIRATIONS City Manager reviewed his memo of August 22 which reviewed the current vacancy on the Traffic Safety Parking Commission, for which council set a deadline of August 20 for applicants, and several other upcoming commission term expirations. There are two applicants for the TSP Commission. Council directed that interviews be scheduled for those two applicants before the next council meeting. Council also directed a deadline be set for October 1 for applications to the other positions on Beautification, Park and Recreation, Traffic Safety Parking, Civil Service and Mosquito Abatement. Councilwoman Knight asked about the Mosquito Abatement position which is currently held by a Traffic Commissioner. Staff noted the Mosquito Board is an appointment to a county board, not a city commission. CHANGE DATE OF STUDY MEETING City Manager's memo of August 7 indicated a date conflict for the September 18 study meeting for two council members. He suggested moving the meeting to either September L7 or 25. Council directed the meeting be held on Tuesday, September 17. Mayor Harrison said he would like Police Officer Nakiso and Commander Missel to attend that meeting. ANNUAL REPORT ON INTEGRATED WASTE MANAGEMENT PLAN Finance Director's memo of August 20 transmitted this report for council's information. The Integrated Waste Management Act required local agencies to divert 25 percent of waste from landfills by 1995. The city was required to present a report by AugUst 1 of our performance versus this objective. The report was prepared by the South Bayside Transportation Authority on behalf of all member agencies. CONSENT CALENDAR Regarding "b" sidewalk repairs, Mayor Harrison said he wanted the color of the new sidewalks to match the existing sidewalks, staff responded. Regarding "f" a library position, Vice Mayor O'Mahony asked about funding benefits for the position, staff responded. Regarding "g" honoring donors to the Library Foundation, Councilman Spinelli thought we had a policy about not naming buildings after people. Staff noted this is naming two rooms in the library after two major donors. a. INTRODUCTION OF ORDINANCE 1553 AMENDING ZONING CODE REGARDING FAMILY RESIDENTIAL STRUCTURES City Attorney's memo of August 21 recommended council introduce this ordinance to allow reconstruction of multifamily buildings which are damaged or destroyed by fire or other catastrophe. State law was adopted in 1994 which preempts city code, apparently it was promoted by apartment owners concerned that local ordinances would not allow reconstruc- tion. This minor change will reflect the change in state law. September 3,1996 32 Burlingame City Council b RESOLUTION 74-96 AWARDING CONTRACT FOR 1995-96 SIDEWALK REPAIRS - cP 9s19 Public Works memo of August 28 recommended council award this contract to J.J.R. Construction of San Mateo in the amount of $283,299.45. c.RESOLUTION 75-96 AWARDING CONTRACT FOR REHABILITATION OF BURLING- AME INTERMEDIATE SCHOOL (BIS) BALLFIELD - CP 9614 Public Works memo of August 17 recommended council approve a contract with B & B Landscape Contractors to rebuild the ballfield for the after school sports program and community use. d. RESOLUTION 76-96 REVISING SELF-INSURED PROCEDURES City Attorney's memo of August 20 recommended council approve this resolution raising our self-insured retention to $250,000 and to allow the City Attorney to deny claims up to $500. e WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 44947 - 45553, duly audited, in the amount of $1,818,873.09 and Payroll Checks 88019 - 88809 for the month of July 1996 in the amount of $1,460,088.72. UPGRADE PERMANENT PART-TIME POSITION IN LIBRARY TO A FULL-TIME POSITION City Librarian's memo of August 19 recommended council approve filling a vacant penna- nent part-time reference librarian position with a full time librarian with broad skills and abilities. Using existing part-time hours already budgeted, this position could be funded, the benefits would cost $3,008 more and could be absorbed in the 1996-97 budget. s. HONORING SPECIAL DONORS TO THE LIBRARY EOUNDATIQNe- City Librarian's memo of August 14 recommended council approve naming the new library community room the "Joan and Ralph Lane Community Room" in honor of the Lane's major contribution to the equipment and furnishing of the room. It is also recommended that the new south wing of the library be named after Jean and Roger Duncan in honor of their major contribution to the library in the 1980's. The Library Board supports these recommenda- tions. h.DENIAL OF CLAIMS: (1) DAGMAR PORTES: (2) MARTHA WOODWORTH: (3) BARBARA FEDUSKA: (4) ANTHONY PELLERANO City Attorney's memos of August '7, 12,20 and 26, rcspectively, recommended council deny these claims for (1) the Eucalyptus tree fall across California; (2) damage to a car from a fallen tree branch; (3) damage to a lawn sprinkler system allegedly caused by tree workers; and (4) vehicle damage from a collision. f Burlingame City Council 33 September 3,1996 i. SPECIAL EVENT PERMIT AMENDMENT FOR ''ART ON THE AVENUE'' City Manager's memo of August 29 recommended council approve this request from Terry Pimsleur & Company to amend their permit for additional artist spaces on Lorton north of Burlingame Avenue. Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously. Councilwoman Knight attended a Child Care meeting. Councilwoman Janney reported on the CMAC Committee meeting. Vice Mayor O'Mahony attended CCAG and the County Investment Committee meeting. Councilman Spinelli said the Airpot Roundtable meets tomorrow night and he would be unable to attend, Vice Mayor O'Mahony said she would go. Mayor Harrison told of an upcoming City Selection meeting which Vice Mayor O'Mahony will attend in his absence, he also reported on ALUC and the Convention & Visitors Bureau which he attended. OLD BUSINESS Councilwoman Knight said she was pleased the mayor asked for police representatives to come to the study meeting. She told about the Burlingame Together youth programs. NEW BUSINESS Vice Mayor O'Mahony asked if the city could make a donation to the Clara Crook Foundation for the Community Education program. Staff noted this would have to be put on the next agenda. Council so directed. ACKNOWLEDGEMENTS a.Commission Minutes: Senior, July 18; Beautification, August 1; Park and Recreation, July 18; Broadway BID, July 9 and August 13; Library Board, August 13; Planning, August 12 and August 26, 1996. b. Proclamation for Constitution Week, September 17-23, 1996. Department Reports: Building, July 1996; Treasurer, July 31, 1996. ktter from Suzanne Rogers in appreciation of service from our Fire Departrnent during an emergency. Irtter from Michael Murdock regarding speeding on Floribunda. Mayor Harrison asked for the radar trailer to be placed on the street. lrtter from Julie Curry, a wheelchair bound person, regarding her service dog being barred from a restaurant. City Attorney's memo was attached. Council briefly discussed. c d e. f September 3,1996 34 Burlingame City Council COUNCIL COMMITTEE REPORTS CLOSED SESSION (} h. i. ktter from SamTrans regarding the Board's rejection of a proposal for voter approval of the BART project. ktter from the Chamber of Commerce regarding plans for a Farmer's Market Letter from San Mateo Union High School District regarding new Superintendent Thomas Mohr's upcoming "coffees" at the Depot in Burlingame. At9:44 p.m. the Mayor adjourned the meeting to a Closed Session regarding labor negotiations with the Police and Fire Administrators and with the Public Service Employees (BPSEA). The meeting reconvened at 9:55 p.m. with no action taken. ADJOURNMENT IN MEMORY OF GERALD RAFFERTY. LLOYD WALKER AND GEOFF REID Mayor Harrison noted with sadness the recent death of Gerald Rafferty, resident and father of four former students of the Mayor, one of whom was a Miss Burlingame. Vice Mayor O'Mahony informed council that Lloyd Walker, long time resident and excellent teacher who passed away recently. Councilwoman Knight and Councilwoman Janney noted that Geoff Reid, husband of Sally Reid, a teacher at BIS, also died recently. After a moment of silence, the meeting was adjourned in their memory at 9:58 p.m. Judith A. Malfatti City Clerk Burlingame City Council 35 September 3, 1996