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HomeMy WebLinkAboutMin - CC - 1996.11.04BI.'RLINGAME, CALIFORNIA November 4,1996 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 Beautification Commissioner Will McGowan. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Special Meeting of October 17 , 1996, the Regular Meeting of October 21, t996 and the Study Meeting of October 23,1996 were approved unanimously after a change to the October 21 minutes on page 4 by Mayor Harrison under public comments to show Voltz spoke in favor, not opposition, to gARf; and on page 5 by Councilman Spinelli under the map discussion "drainage to M+'lls Capuchiu'o." PARCEL MAP FOR SAME City planner reviewed her memo of October 29 which recommended council hold a public hearing and take action. At the October 7 meeting, council denied without prejudice the appeal for 18 condominium units at l}7-l2l El Camino. In response to council direction, the applicants redesigned the project with the following effects: Newlands has been kept as the front of the lot wittr tle side opposite El Camino serving as the interior side; she noted all lots fronting on El Camino are required to have 20 foot setbacks; provided 39 on-site parking spaces where 38 are required; six of the 37 below grade parking spaces have been designated for guest parking, the remaining two required parking spaces have been provided at grade in an enclosed area accessible from Newlands; the number of units have been reduced from 18 to 17 by eliminating one of the two-bedroom units on the first floor; entrance to the underground parking garage is from Newlands and exit from the garage is onto El Camino with a right turn only. Council should act on the negative declaration, condominium permit, and the tentative maps for this project. Vice Mayor O'Mahony asked about the condo association owning the parking spaces, including guest parking. Mayor Harrison opened the public hearing. John Ward, project manager and consultant represent- ing the applicants-reviewed the changes the applicants have made at the direction of council; they trave reduied the project from 18 units to 17 units and provided a private two-car garage for one of the units; the El Camino building face has architectural variety, it is not an unattractive straight line; 7 68 they have improved the traffic circulation by making the garage entrance on Newlands and the exit onto El Camino with a right turn only; the project now requires 38 parking spaces but they are providing 39 parking spaces of which six would be for guests. He showed overhead projections of the new plans. Councilwoman Knight asked about the height of the elevator shaft and chimneys; Ward said they arc 13 feet higher than roof line, but comprise oriy 2 percent of roof area where city code allows 5 percent. Mayor Harrison read the names of L2 people who sent letters in opposition or in favor of the project. Speaking in opposition: Rosalind SanFelipe, 1544 Cypress; Diane Condon-Wirgler, 1536 Cypress; Marilyn Canon, 1545 Howard; Kerbey Altmann, 1537 Cypress; Linda Abbey, 2415 Adeline; Cathy Baylock, 1527 Newlands; Dorothy Murray, 1525 Newlands; Joe Baylock, 1527 Newlands; Suzy Kunda-Critkovic, 144 Costa Rica; Howard Page, 111 Central. Their comments: still need to reduce the bulk of the building; it would help to make the structure two stories; don't feel the applicants have complied with Planning Commission direction for 5 additional parking spaces on site; presented a petition in opposition signed by 30 people; on-street parking is a problem now and will be worse with this project; discussed condominium requirements and suggested they be extended to apartment developments; will be too crowded and congested; will increase traffic and parking problems; should be developed with separate structures to reduce mass and bulk and look like existing development; hate to lose these beautiful old buildings; front of lot should be El Camino. Speaking in favor: Keith Kutner, 11 East Carol; Jim Roddy, 1516 Carol; Bart Price, 1551 Cypress. Their comments: the project would look better than the buildings there now, those properties are run down; have larger buildings at his rear property line and they buffer noise from El Camino; developers have met all city requirements and building is not a box, better design than older developments on El Camino; will add to the city tax base; on street parking problems caused by people living on El Camino come from older apartrnents developed with lower on-site parking requirements; council should approve it. John Ward clarified the lot orientation, city code states the front of the lot shall be the lot line on the shorter side which is Newlands; neighbors should not want Newlands as side lot because minimum setback would only be 9 feet instead of 15 feet; reviewed correct lot coverage; stated he thought the project should be held to the same standards as other condo projects along El Camino corridor; reminded council he previously brought signatures of over 100 people who approved. The hearing was closed. Mayor Harrison reviewed council decision made in the housing element a few years ago to make El Camino a multi-family zone. Vice Mayor O'Mahony commented the developers have met requirements, they have reoriented the front to Newlands and added a driveway there; have made accommodations for guests by providing access for them to garage and designated parking, many condominiums do not provide this; it is only 5 more units than are presently on the site; main concern was traffic and the driveway relocation has addressed this; she would approve. Councilman Spinelli said although he opposes large homes, he thinks there must be accommodation for multi family developments; felt project would not impact area because they have scaled back the size and the ingress/egress concerns have been met; frontage on Newlands is best for the single family neighborhood; orientation of lot best serves two adjacent single family homes by putting largest setbacks next to them; project requires no variances to zoning code; project meets our housing element which identified need for multiple family housing on El Camino; there is visual movement architecturally; he would approve. Councilwoman Janney previously supported the project and applicants have met other council member's concern, she would support. Councilwoman Knight Burlingame City Council 69 November 4,1996 said while she understood we had to allow R-3 development, she would like to see the issue of mass and bulk, light and air, and compatibility addressed; building is too big although relocation of the driveway helps; she would not support the project. Mayor Harrison noted the property is zone R-3 and the owners have a right to develop it. Councilwoman Janney moved to approve the negative declaration, condominium permit and tentative maps with conditions listed in staff report and findings mentioned by council, Planning Commission and staff report. City Attorney will prepare a resolution for council's adoption. Seconded and carried 4-1 on roll call vote, Councilwoman Knight voting no. Mayor Harrison called a recess at8:27 p.m. The meeting reconvened at8:32 with all council members preseff. PUBLIC HEARING - APPEAL FOR REMOVAL OF MAGNOLIA TREE AT 2209 RAY DRIVE Parks Superintendent reviewed his memo of October 30 which recommended council hold a public hearing and take action. In August, Mrs. Evelyn Norman, 2209 Ptay Drive, requested removal of the city tree in front of her home because of severe damage to the driveway, walkway and garage slab which prevented closing the garage door. She had the driveway, walkway and garage door repaired but at the time of removal they did not call city staff to observe the roots. She was fearful the tree roots would damage her radiant heating in her foundation. The report notes some alternatives to removal of the tree such as installation of root barriers or root trimming. Staff responded to council questions. Councilwoman Knight asked about seeing original photos of the roots, asked about sidewalk repairs and what type of tree would be used as replacement if this one is removed; what about the other trees on the property. Councilman Spinelli noted the roots in photo appear to be "thatched" but he could not see any large roots. Mayor Harrison opened the public hearing. Bob Keropian, son-inJaw of Mrs. Norman, said she has already spent $5,700 in replacing the driveway and walkway; did not think it fair that she should have to pay up to $8,000 for damage and tree removal, if council should allow that; this is a city tree and city should pay for its removal; Mrs. Norman is very concerned about possible damage to her radiant heating floor slab, if that is damaged by the tree roots it would be a very major expense; previous properfy owner had damage to the radiant heating from a tree in the rear yard; agreed the magnolia is a beautiful tree but the roots cause considerable damage; got opinions from tree experts. Will McGowan, chairman of the Beautification Commission, said the only photos the appellant provided to the commission were of the meshed roots, showed no evidence of large roots; noted the radiant heating floor slab is much thicker than the driveway and walkways and there is presently no evidence of damage; if council allows the tree to be removed it should be required to be replaced with another tree. Vice Mayor O'Mahony was concerned the work was done without getting city verification of the root problems. Keropian said there were six inch roots under the driveway, it took the contractor three days to clear the roots; there was a security problem because the garage door would not close, it had to be repaired. The hearing was closed. Councilman Spinelli said the tree clearly infringes on the property; he thought the city should pay to have it removed and replaced. Councilwoman Janney said the city needed to see the roots to evaluate the problem; Mrs. Norman should have called the city to inspect it when the driveway was removed. Councilwoman Knight would like to see the city install root barriers, asked about guarantees of no future damage. The City Attorney said council should not make any guarantees. After considerable discussion and in order to save the tree, Councilwoman Knight moved to have November 4,1996 70 Burlingame City Council the city install root barriers on the private property in a semi-circle around the tree between the house and tree in order to prevent future damage to the property, and also to install root barriers in front of the foundation of the house. Seconded by Vice Mayor O'Mahony and carried unanimously. The applicant was cautioned to keep an eye on the area and report any problems to the city. PUBLIC HEARING - SECOND READING - ORDINANCE 1561 REDUCING SPEED LIMIT ON BAYSWATER AVENUE FROM CALIFORNIA TO HUMBOLDT City Engineer reviewed the Public Works memo of October 21 which recommended council hold a public hearing and take action. The Traffic Safety and Parking Commission considered a request from residents to install various traffic measures to reduce speeding in the area including stop signs At their October 10 meeting, the commission voted to recommend council adopt an ordinance to reduce the speed limit from 30 MPH to 25 MPH; to post new signs and repaint crosswalks; the commission declined to install new stop signs at this time. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Vice Mayor O'Mahony moved to adopt ORDINANCE 1561. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1560 AMENDING PARKING T{ATE PROCEDURES - RESOLUTION 86-96 ESTABLISHING NEW METER RATES FOR BURLING- AME AVENUE AND BROADWAY City Attorney reviewed his memo of October 11 which recommended council hold a public hearing and take action. As part of the proposed streetscape implementations, council determined to raise the parking meter rates on Burlingame Avenue and Broadway. Vice Mayor O'Mahony asked about the meter rates and use of the 9 and 10 hour meters; City Manager said the proposed rates only apply to Burlingame Avenue and Broadway at 25 cents for one hour. At a later date we will review rates and time limits in other areas. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Vice Mayor O'Mahony moved adoption of ORDINANCE 1560. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1562 ESTABLISHING A FOUR- WAY STOP SIGN AT EASTON AVENUE AND CORTEZ AVENUE City Engineer reviewed the memo of October 21 which recommended council hold a public hearing and take action. A petition signed by 106 residents of the area was submitted to the Traffic, Safety and Parking Commission for a four-way stop sign at Easton and Cortez. Although the volume and accident criteria does not meet warrants to merit stop signs, the commission felt there were extenuating circumstances in view of the petition, blind citizens and seniors who use this intersec- tion. The commission recommended council approve the ordinance. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed Burlingame City Council 7L November 4,1996 Vice Mayor O'Mahony moved adoption of ORDINANCE L562. Seconded by Councilwoman Janney and carried unanimously. PUBLIC COMMENTS Marilyn Canon, 1545 Howard, requested council direct staff to require zoning law compliance for an illegal fourplex at L543 Howard. The structure was modified illegally from a single family home to four two-bedroom apartments with a four car garage. The apartment is being sold and she requested the city require the property revert back to single family as a condition of sale. She presented a letter with her comments. City Attorney commented this aparment building has been there for over 20 years; at this time council could do little. City Planner noted the owners could not make changes or improvements affecting the envelope of the building because of its non-compliance. Cathy Baylock and Linda Abbey discussed zoning laws, FAR, destruction of old houses and "monster" homes. Mayor Harrison told them about the recent joint study meeting with the council and planning commission and the direction council gave to the commission. He thought we should see the effects of this direction before we proceed further. Dorothy Cusick, 1716 Ralston, spoke about non-conforming apartment building in R-l zone; she thought the city should let prospective owners know the property is non-conforming. STATUS REPORT ON UNREINFORCED MASONRY ruRM) BUILDINGS City Engineer reviewed the Chief Building Inspector's memo of October 30 which recommended council review the status of unreinforced masonry building retrofit and direct staff. All but two buildings are either completed or well into reconstruction. The two exceptions are the Putnam Buick used car dealership at 100 California Drive, and a two-wall carport behind the building at 232-238 Park Road. Plans have been submitted for 100 California but litigation regarding ownership of the property continues to create delays. A demolition permit was issued for the carport structure but it has not yet been demolished. City Attorney said he spoke to the attorney representing Putnam at 100 California and they expect a settlement within three weeks, then retrofit should proceed. The other building is an unoccupied carport. Council hoped all repairs were completed by the end of the year; they accepted the report. APPOINTMENT OF AUDIT COMMITTEE City Manager reviewed the Finance Director's memo of October 18 which recommended council appoint two members to serve on the Audit Committee to review the 1995-96 draft comprehensive annual financial report with the auditors. Mayor Harrison appointed Vice Mayor O'Mahony and himself to serve on the audit committee. A meeting was set for November 20 at 4 p.m. CONSENT CALENDAR Vice Mayor O'Mahony asked about the status of two projects in the bay frontage, items "c" and "e. " Staff responded. November 4,1996 72 Burlingame City Council c. a DENIAL OF CLAIM OF HELEN PARNISI City Attorney's memo of October 23 recommended council deny this claim for injuries alleged to have occurred on May 10 when she fell and broke her foot on Ralston. b. OUT-OF-STATE TRAVEL FOR TWO PUBLIC WORKS EMPLOYEES Public Works Superintendent's memo of October 29 requested approval for two employees to travel to a training school in Carson City, Nevada for one week. RESOLUTION 87-96 APPROVING AGREEMENT FOR PROFESSIONAL SERVICES - AIRPORT BOULEVARD RECONSTRUCTION. LANG ROAD TO COUNTY PARK - CP 94tt Public Works memo of October 29 recommended council approve an agreement with Brian Kangas Foulk in the amount of $73,520 for engineering to narrow the median by four feet, repair sink holes, repave and install a bike path, vehicle parking area and plantings. PROGRAM CP 9518 Public Works memo of October 28 recommended council accept this project as completed by G. Bortolotto & Co. in the amount of $657,119 for repaving roads. BEACH ROAD BRIDGE REPLACEMENT - CP 8926 Public Works memo of October 30 recommended council approve an agreement with Wilsey & Ham in the amount of $35,084 for engineering services for this pedestrian and bike bridge replacement funded by ISTEA and State TSM funds. Councilman Spinelli moved approval of the consent calendar. Seconded by Vice Mayor O'Mahony and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor O'Mahony had attended CCAG and county finance committee. Councilwoman Knight distributed pamphlets from Burlingame Together, and also about a Samtrans/BART meeting and papers. Councilwoman Janney reported on CMAC meeting and a joint school/city meeting regarding teen needs which she and the mayor affended. OLD BUSINESS - None NEW BUSINESS Mayor Harrison set a public hearing for December 2 for an appeal of a sign application for Mike Harvey Honda at 1041 Broadway. d e. Burlingame City Council 73 November 4, L996 a Councilman Spinelli said the sidewalks in the business area look great after cleaning; he noted there was more graffiti in the Hatch Lane area. Councilman Spinelli also asked about earlier discussion of condo conversions. Councilwoman Knight complimented the sidewalk contractor for the current installation, she had received calls from some residents who were quite happy with the job. ACKNOWLEDGEMENTS Commission Minutes: Senior, October 17; Park and Recreation, October 17; Planning, October 28, 1996. Departrnent Reports: Police, September 1996. ktter from Jan Manni stating that people living in her condo building have no children to impact local schools and have ample parking space; she did not feel those were reasons to deny the project at 107 -l2l El Camino. ktter from Ken Tanisawa requesting speed bumps be installed in Fox Plaza lane at the rear entrance to the mall. Mayor Harrison referred this letter to the TSP Commission. ktter from Lisa Murphy opposing the present design of the proposed condo project at 107- 121 El Camino. CLOSED SESSION At 10:07 p.m. the Mayor adjourned the meeting to a Closed Session regarding (a) public employ- ment: City Attorney; (b) labor negotiations with Public Service Employees (BPSEA); and (c) a claim against the city: Mathew Zahari. RECO OPEN SESSION - S MATHEW ZAHARI The meeting reconvened at 10:20 p.m. with all council members present' Mayor Harrison armounced that council authorized settlement of the Zahari claim for a sewer failure in the amounr of $17,000. ADJOURNMENT The meeting was adjourned at 10:21 p.m. Judith A. Malfatti City Clerk b c d e November 4, 1996 74 Burlingame City Councit ( -.'