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HomeMy WebLinkAboutMin - CC - 1997.02.03BI.JRLINGAME, CALIFORNIA February 3,1997 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 O'Mahony PLEDGE OF ALLEGIANCE TO THE FLAG Led by the Public Works Director George Bagdon. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 22, 1997 were approved after a change on page 6 by Councilman Harrison, he "thanked *4ayor€ffiheffy PG&E representative Rosie Picchi. in the audience", on page 4 by Councilwoman Knight "business owners should have regular meeting with the Police Department" and on pages 2 by Mayor O'Mahony "existing buildings and their additions should be consistent with the structure and existing neighborhood" and on page 6 Mayor O'Mahony "spoke to two of the three commissioners." The minutes of the Study Meeting of January 25,lgg7 were approved after Mayor O'Mahony changed a word on page 3 "water and sewer fe+€fircs rates would increase. " WITH REOUESTS FOR A CONDITIONAL USE PERMIT. SPECIAL PERMITS AND PARKING VARIANCES FOR THREE NEW HOUSES AT 2502. 2504 AND 2506 POPPY DRIVE City Planner reviewed her memo of January 27, 1997 which recommended council hold a public hearing and take action. The applicants and property owners, Otto Miller and Kurt Steil, along with John Stewart, architect, have submitted a redesign of the structures on the three adjacent lots on Poppy Drive. The proposed project requires a conditional use permit because the three lots were originally used as a single lot. The redesigned houses each require a parking variance because they include a single covered parking space where two are required for new construction. Each house also exceeds the maximum floor area allowed for substandard multiple residential lots. The maximum FAR for such lots is .32 plus 750 SF; proposed is .32 plus 900 SF for each house. Special permits are also required because each of the three lots are substandard in area (5000 SF required, 4396 to 4409 SF actual sizes) and because protected trees were removed without proper approvals and these removed trees turned out not to be located within the proposed footprints of the new houses. As proposed, the new houses meet all zoning code requirements. The applicant is required to replace the two protected trees removed with four 36 inch box trees and to make provisions to retain and maintain two remaining protected trees at the rear and one significant tree along with two palm trees at the front on the lot of 2504 Poppy. Staff has suggested the new 36 inch box trees be distributed among the front yards of each lot. If council should approve this 111 project, the city attorney will prepare a resolution for adoption at the next meeting. Vice Mayor Spinelli asked about recording of conditions with official property records. Councilwoman Knight asked about the width of the driveway, garages and the paving finishes (the applicant would like to restore the 12.5 foot driveway width). Staff and the applicant responded. Mayor O'Mahony opened the public hearing. The applicants were present but made no comments and there were no comments from the audience. The hearing was closed. Councilman Harrison noted this project has been before the city since last April; the applicant has responded in this design to council direction. Councilman Harrison moved to approve the project with findings and conditions listed in staff report and additional condition allowing a 12'5 foot driveway width. Motion was seconded by Councilwoman Janney who expressed concern that by allowing single car garages there would be more cars parked on the street, further impacting parking on this narrow streei and making it difficult for emergency equipment to negotiate. Vice Mayor Spinelli said it has been a long difficult process and he complimented the applicants for persevering. The motion carried unanimously by roll call vote. PUBLIC COMMENTS Debra Griffith, 2470 poppy, expressed concern about TCI and cable television programming; noted TCI has complaints from other citi.s' residents. John Weigand, 1110 Bayswater, said allowing cable transfer was a mistake; his condo association has won an FCC ruling against Pacific Cable because of overpricing and he was concerned about price corrections being implemented; he also noted TCI has financial Problems. Will McGowan, commissioner, liked the proposal for a bike path along the train tracks; it would get bikes away from auto traffic; he hoped council would also support the idea' SION FRANCHISE TO TCI City Attorney reviewed his memo of January 29 which recommended council receive any public comment, request the clerk to read the title of the proposed ordinance, waive further reading and adopt the ord-inance. On January 22 courrrcll held a public hearing to receive comments on the proiosed transfer of the cable television franchise. Council then introduced the ordinance. As proposed, the transfers would occur in the next 60 to 90 days. The transfers will not extend the iranchise" action on extending the franchise will come in May. Since the last council meeting Post Newsweek and TCI have indicated they agree to sign the Franchise Assumption Agreement. Vice Mayor Spinelli suggested forming a citizens advisory committee as mentioned in the original franchise. Mayor O'Mahony hoped the new carrier understood that they would assume obligations of pacific Cable. John Weigand commented the only leverage the city has is with the franchise. City attorney noted under federal law the franchisees are considered to have a right to renewal; some items within the franchise contract are negotiable. Councilman Harrison read the title of the ordinance and moved to waive reading. The motion was seconded and carried unanimously. Councilman Harrison moved to adopt ORDINANCE 1566 Authorizing and Consenting to the Transfer of a Cable Television Franchise for the City from Post- February 3, 1997 tl2 Burlingame City Council Newsweek Pacific Cable to TCI American Cable Holdings II, L.P. The motion was seconded and carried unanimously by voice vote. CONSIDERATION OF MULTIPURPOSE TRAIL IN THE CALTRAIN RIGHT-OF-WAY AND A POSSIBLE DEMONSTRATION PROJECT - RESOLUTION 8-97 EXPRESSING CONCERN City Attorney reviewed his memo of January 29 which recommended council discuss whether it is interested in a demonstration project regarding this trail in our city limits. The trail would be developed to accommodate bicycle and pedestrian travel and would travel the east side of the rail tracks from Peninsula to Broadway where it would cross to the west side of the tracks and continue north. The city's principal concerns are bridges over drainage systems within the corridor and the intersecting streets. Council members commented on danger to anyone close to a train track where a train might be traveling up to 70 mph; train engineers oppose it; any debris would be propelled at people on this trail; city would be responsible for enforcing use of trail which would also be attractive to motorcy- cles, roller bladers and pedestrians with dogs; support east/west bike connection and travel; could jeopardize the electrification of Caltrain as well as affect future high speed rail access; it might sound good at first glance but is not a good idea, could not support. Councilman Harrison moved to adopt RESOLUTION 8-97 "Expressing Concerns About Trail. " Seconded and carried unanimously by voice vote. CONSIDERATION OF A RESOLUTION SUPPORTING FUNDING FOR THE DEVIL'S SLIDE TUNNEL ON STATE HIGHWAY ONE - RESOLUTION 9-97 IN SUPPORT City Attorney reviewed his memo of January 24 which recommended council consider a resolution in support of funding for the Devil's Slide Tunnel as requested by Half Moon Bay's mayor. Councilman Harrison moved to adopt RESOLUTION 9-97 Supporting Funding for the Tunnel. Seconded by Councilwoman Janney and carried unanimously by voice vote. CONSENT CALENDAR RESOLUTION 10-97 APPROVING USE OF A MASTER SURETY BOND FOR CITY OFFICERS AND EMPLOYEES City Attorney's memo of January 29 recommended council approve this resolution which will allow the city to purchase a master surety bond providing enhanced coverage for key employees. a. b RESOLUTION 1I-97 AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY FOR FIRST TIME HOME BUYER MORTGAGE CREDIT CERTIFICATE PROGRAM City Planner's memo of January 27 recommended council approve this agreement which renews our cooperative agreement with the County to administer the Mortgage Credit Certificate and "START/START-PIus" assistance Loan Programs available to eligible low and moderate income residents who are first-time home buyers. There is no direct fiscal impact since funding comes from Federal and State governments. 113Burlingame City Council February 3,1997 e C. TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AT 601 ANSEL Public Works' memo of January 28 recommended council approve this lot combination as recommended by the Planning Commission subject to three conditions. d. CANCELLATION OF FEBRUARY 12 STUDY MEETING City Manager's memo of January 28 recommended council cancel this meeting as discussed informally at the last meeting. RESOLUTION 12-97 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT public Works' memo of January 29 recommended council approve an agreement with permco Engineering & Management in the amount of $457,483 for engineering and management for Aeiign and construction of a new sewer interceptor along California Drive with a connection to -El Ca-ino Real. This would result in a decrease in the combined stonn water, ground water and sewage overflows especially in the area of Hillside and El Camino' Councilwoman Knight moved approval of the consent calendar. Seconded by Councilman Harrison and carried unanimouslY. COUNCIL COMMITTEE REPORTS Councilman Harrison reported on an upcoming "Progress Seminar" and recommended council members attend. CounCilwoman Janney agreed it was a worthwhile program and encouraged attendance. Council discussed; staff noted there might be a Brown Act problem if all attended. Councilwoman Janney reported on CMAC. Mayor O'Mahony went to CCAG meetings' NEW BUSINESS Mayor o,Mahony asked staff to prepare a commendation from the city council for Police Officers Frank Tealdi and Keith Tamura and Dispatcher Lorie Wing who were responsible for apprehending jewelry store thieves. She also asked staff to prepare a congratulatory letter for Lillian Frick's 85th birthday. Councilwoman Knight had received a letter from Marianne Riddle requesting the city establish a place for dogs to run free. It was referred to the Park & Recreation Commission' ACKNOWLEDGEMENTS a. Commission Reports: Senior, January 16; Traffic, Safety and Parking, January 9; Park and Recreation, January 16; Civil Service, January 27;Plawring, January 27,1997. b. ktter from John Sherratt regarding (1) trees on El Camino and (2) proposing a millennium bell ringing at midnight on January 1, 2000. c" [rtter from Jane Dunbar regarding "monster homes. " February 3,1997 tL4 Burlingame City Council d. e. lrtter from Sam Malouf regarding the moratorium on relocation of restaurants on Burling- ame Avenue. Proclamations: (1) Commending Chief Building Inspector Fred Cullum; (2) Commending Water Service Worker Martin Hernandez. At 8:03 p.m. the council adjourned to a Closed Session on (1) Labor Negotiations with AFSCME and (2) Litigation, Burlingame vs Interstate Grading & Paving. The meeting reconvened at 8:17 p.m. and Mayor O'Mahony announced council unanimously approved an amended labor agreement with AFSCME for a period of four years to include 2 percent at 55 PERS retirement benefit with no wage increase in June 1997 and modified CPI adjustments in following years. ADJOURNMENT IN MEMORY OF LOWELL KOHNITZ AND CHRIS GANAS Mayor O'Mahony noted with sadness the recent deaths of Lowell Kohnitz, husband of council friend Peggy Lake and Chris Ganas who acted as Santa Claus at city affairs for many years. After a moment of silence in their memory the meeting was adjourned at 8:18 p.m. Judith A. Malfatti City Clerk CLOSED SESSION Burlingame City Council 115 February 3,1997 LABOR AGREEMENT AMENDED WITH AFSCME