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