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HomeMy WebLinkAboutMin - CC - 1997.05.19BI.JRLINGAME, CALIFORNIA Nday L9, t997 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 Susan Adams, General Manager of Pacific Cable Television. ROLL CALL JANNEY, KNIGHT, O'MAHONY, SPINELLI HARRISON MINUTES The minutes of the Regular Meeting of May 5, 1997 were approved after an addition by Vice Mayor Spinelli on page 3 under Library Internet Policy "he suggested...leaving one machine for accessto which would not interfere with first amendment rights", on page 5 by Councilwoman Janney thought "Councilman Harrison...ffiggested directed the Planning Commission begin meetings at 7:00 p'm." and Mayor O'Mahony "dil@ they not consider taking new items after a stated hour" and Councilwoman Knight added on page one the pledge was led by "Mary Herman 1\rms1;rong." PUBLIC HEARING _ APPEAL OF PLANNING COMMISSION DECISION ON SETBACK AND PARKING VARIANCES FOR A SINGLE FAMILY HOME AT 111 CENTRAL - DENIED WITHOUT PREJUDICE The City Planner reviewed her memo of May 13 which recommended council hold a public hearing and take action. Howard Page, applicant and property owner, is requesting a front setback variance (17 feet, 10 inches existing where 27 feet,9 inches is the average on the street) and a parking variance (one covered parking space where two are required) for an addition to the single family home at 111 Central Avenue. The floor area of the existing house is 1303 SF; the new addition will add 1106 SF for a total of 2409 SF and an FAR of 62.6 (68 is maximum FAR allowed; FAR includes garage). In February the applicant requested four variances to remodel the house and was denied without prejudice by the Planning Commission. On April 28 the Planning Commission reviewed this present project which the applicant resubmitted and it was unanimously denied by the commission. Letters received after the packet was prepared were acknowledged from the applicant and a letter in opposition to the project from an adjacent neighbor. Mayor O'Mahony opened the public hearing. Howard Page, applicant, distributed a booklet of photos of neighboring homes and his reasons to approve the project; described need for more room with a growing family; felt there were exceptional circumstances in the substandard size of the lot; the present attic area, improved when they bought the house, is non-conforming, the existing stairs are not to code and this design will correct; a two car garage is not possible on the lot; front setback is -I I 154 COUNCIL PRESENT: COUNCIL ABSENT: I average if the one home on the block with a 27 foot front setback for access to a below grade garage is excepted; previous proposed lot coverage was slightly over maximum and this project will reduce it below the maximum lot coverage; explained the change to rear wall moved six inches further out from previous proposal and enlarging the bay window; meets declining height envelope require- ments; all neighbors approve except for the adjacent; issue of shadow from two story home would have little effect since the new project is only 9 feet higher than existing roof ridge. Christopher Andrews, 1544 Cypress, spoke in opposition; requested council uphold the Planning Commission which unanimously denied this project and require it be reduced in size; very concerned about loss of light and sun in his rear yard and house; searched for long time for a special home and neighborhood, found this home in Burlingame just a few months ago; now his neighbor is going to change the neighborhood; felt there were no exceptional circumstances to grant the variances; will be triple tandem parking and hard to use so they will park on narrow street; concern about losing trees which would need to be cut back for construction; believed there are other options than making it 28 feet tall; he presented exhibits to support his points. Councilwoman Knight asked if he was aware of this project when he purchased his home; this should have been disclosed. He noted they rented the house back to the seller after they purchased it; that's probably the reason not contacted earlier by the applicant. Joe Baylock, 1527 Newlands, said he has been looking at this type of project around the city; he thought the council should have adopted the FAR rule for 32 percent plus 750 SF for substandard lots as Spinelli had suggested; current law allows too large a project. Bruce Wirgler, 1536 Cypress, had no objections, project maintains architectural integrity of the neighborhood; there are several two story homes now in the area; most neighbors favor this change. Helen Page, applicant, said they would not park on the street; have lived in area with tandem parking and they are used to moving cars. Howard Page rebutted: trees are not affected; every other neighbor supports; regarding shadows, don't see how a nine foot increase in height is going to have much effect. The hearing was closed. Vice Mayor Spinelli noted his desire to reduce size of large homes; this is a prime example of a substandard lot, wish council had adopted FAR of 32 percent plus 750 for substandard lots; Planning Commission directed them to come back with smaller project and it came back as a larger project. City Planner reviewed the previously proposed and current project square footage for council. Vice Mayor Spinelli thought perhaps they misunderstood the commission's direction; would like to see SF reduced; variances are not such a problem but don't like to see parking on the street. Councilwoman Knight had visited the house and could see the need for more room; would like to see them allowed to increase size and remodel the house somewhat; the design is good and fits the neighborhood; don't have much problem with parking and setback variance; main concern is second floor size; felt issue was mass and bulk; agreed we should have adopted smaller FAR for substandard size lots; like to see a reduced size for second floor. Councilwoman Janney said she had trouble with parking variances, a one car garage quickly becomes a no car garage: would like to see homes allowed to maximize the property and most neighbors approve; would support a way to get project done and it might require scaling back the second floor. Mayor O'Mahony was really concerned about parking; also concerned the applicant ignored instructions given by the Planning Commission; she wondered is there any way to do a two car garage, perhaps underground is the answer; like to see them modify the upstairs size and bring back. Vice Mayor Spinelli moved to deny without prejudice and direct the applicant to redesign the second floor to reduce the square footage of the house (excluding garage footage), to reduce bulk and mass. Seconded by Councilwoman Janney. The architect came forward to clarify directions; noted there is Burlingame City Council 155 May 19,1997 little difference in daylight loss from the second floor addition between the first submittal and the present; going back to the first design would not make a big difference. City Attorney told council that the hearing had been closed and any comments made now would not bind the council in their future action; there should be no further dialogue with the applicant at this point. Councilwoman Knight would like greater side setback on second floor. Vice Mayor Spinelli wondered how that could be done. The motion carried unanimously 4-0-1 (Harrison absent). WEED AND RUBBISH ABATEMENT PROGRAM - RESOLUTION 37-97 ORDERING DES- TRUCTION OF NOXIOUS AND DANGEROUS WEEDS AND RUBBISH Pubtic Works Director reviewed his memo of May 12 which recommended council hold a public hearing and take action. Each year the city establishes the Weed and Rubbish Abatement Program. As part of the program council declared weeds and rubbish a nuisance on April 7 and set the public hearing for this meeting. Staff has surveyed the city and posted property which requires abatement. There is a list of all posted property available. After council approves the Resolution, staff will notify the affected property owners by certified mail as to the deadline for weed and rubbish removal. A11 unabated nuisances will be addressed by a city contractor and a lien will be placed on the property to recover the removal expenses. Councilman Spinelli asked about weeds in an easement behind his business in the 1100 block of California. Director said city would be contracting for cleanup of easements separately. Councilwoman Janney commented on the need for fire safety, she heartily approved of this program. Mayor O'Mahony opened the public hearing. Angelo Dellacasa, Victoria Road, complained about an auto repair shop near Myrtte and Bayswater with weeds and rubbish. The hearing was closed. Vice Mayor Spinelli moved adoption of RESOLUTION 37-97 Ordering the Destruction of Weeds and Rubbish. Seconded by Councilwoman Janney and carried unanimously 4-0-1' PUBLIC COMMENTS William Weiman of San Francisco, owner of the Lucky Market site, asked council consider adding direct access to the Lucky parking lot from the new city parking lot rather than to the El Camino sidewalk and back across the Lucky lot to Chapin; he presented a drawing. Roger Chinn, 1485 Bayshore, San Francisco, and former Foster City council member, introduced himself as a new appointee by the San Francisco International Airport as their representative to the Airport/Communiiy noundtable; he asked that council members let him know about any programs and .on"..n, they had regarding the airport; he expressed concern about the many entities requesting to be made part of the Roundtable and noted Burlingame's concern about backblast; he asked council to contact him with any ideas. Councilwoman Knight discussed problems with air quality and kerosene smells from airport. Vice Mayor Spinelli told about litigation between the EPA and the FAA about control over air quality. Mayor O'Mahony said Burlingame did not sign the MOU so are not eligible for noise mitigation insulation program. Chinn replied the key is the airport expansion and the new airport director wants to accommodate and resolve issues; community impacts need to be addressed. Christopher Andrews , 1544 Cypress, asked that when council is considering a project such as 111 Central, that they consider the next door neighbors over other neighbors; that the city require "before and after" drawings and scale models for comparison; he would also like to see more than 4 or 5 days May 19, 1997 156 Burlingame Ciry Council notice for these controversial projects. City Attorney noted these comments are not part of the record for the 111 Central Avenue project. Dave Bennett, resident of Foster City and co-owner of Molly Stone's Markets, the market replacing Lucky Market in 1998 said he would like to see a walkway directly through to the Lucky parking lot; concerned that his customers would be leaving baskets in the city lot without easier access. Amy Andrews, 1544 Cypress, commented on 111 Central; direction to return to original submittal would be 39 SF smaller, not a lot smaller; she was sure there were other alternatives to the project. Robert McMonigle, co-owner of The Cakery at 1308 Burlingame Avenue, presented a petition signed by numerous customers requesting they be allowed tables and chairs inside the bakery; said they worked hard to remodel the bakery, bring it from the 1930's to the 1990's and hoped to be able to stay there; they are not trying to change the scope of the street; just want their customers to be able to sit down. City Manager said the petition would be acknowledged on the next council agenda. TRANSMITTAL OF PROPOSED 1997-98 BUDGET AND CAPITAL IMPROVEMENT PRO- GRAM City Manager presented the proposed budget which includes a General Fund of $22,813,349; Water and Sewer Enterprises of $9,392,259; Financing Authority and Shuttle Grants of $963,188 and Capital Improvements of $13,295,550. The total budget is $46,464,346, up 20.3 percent over the prior year as a result of the large increase in capital improvements. He noted strong growth in hotel and sales taxes and recorlmended the first increase in full-time employees in six years. Two positions, a police officer and a public works engineer will be reinstated after being reduced in 1993- 94. He noted a special budget study meeting would be held in June and the budget hearing and adoption would be on June 16, 1997. Vice Mayor Spinelli said he would miss the study meeting on June 4; council discussed changing the date and noted the bike committee proposal was to be discussed at that meeting but Phillip Armstrong would not be able to attend, perhaps that could be put off for another month. Vice Mayor Spinelli moved to change the study meeting date to Tuesday, June 3, 1997. Seconded by Councilwoman Janney and carried unanimously 4-0-1. Councilwoman Knight suggested copies of the budget be made available to the public and to candidates for the city election. INTRODUCTION OF ORDINANCE 1569 EXTENDING THE AUTHORIZATION AND CON- SENT TO TRANSFER OF CABLE TELEVISION FRANCHISE FROM PACIFIC CABLE TO POST-NEWSWEEK CABLE TO TCI AMERICAN CABLE HOLDINGS II. L.P.: RESOLUTION 38-97 INTENTION TO EXTEND THE CABLE TELEVISION FRANCHISE FOR UP TO SEVEN MONTHS TO JANUARY 31. 1998: AND REDIRECTING CABLE SCHOLARSHIP FUNDS The City Manager reviewed his memo of May 13. On May 20 council approved a one year extension of Pacific Cable's non-exclusive cable television franchise until June 24, 1997, and on February 3, 1997 " the council approved an ordinance consenting to the transfer of the franchise from Post- Newsweek Pacific Cable to TCL Due to the complexity of the exchange of multiple cable systems, it appears the transfer will not occur by the June 1 , 1997 deadline in our assumption agreement. Since the transfer has not occurred, it has not been possible to have franchise renewal negotiations with Burlingame City Council 157 Is.Iay 19,1997 TCI. It is now suggested that we extend the transfer assumption agreement by two months and the cable franchise by seven months. Staff feels it will take at least four months after the franchise transfer to meet with TCI, update our CATV ordinance, and hold the required public hearings. Pacific Cable also requests redirection of scholarship funds (approximately $20,000) provided by our current franchise to a mutually agreeable cause such as the Library Foundation or video production facilities at the high school. These unclaimed annual scholarship funds for communications majors could be put to a broader use. Staff concurs with this suggested change. If the extension ordinance and resolutions are approved, a public hearing would be noticed for June 2, 1997. Representative of both Pacific Cable and TCI were present to respond to council questions. Susan Adams, Pacific Cable General Manager, discussed timing of the franchise transfer; told about the surplus scholarship funds and the video facility at the high school with which Pacific Cable is assisting. Council members concurred that the funds should go to the high school as that is more in line with the original intent of the scholarships. Gregory Schacher, TCI, said they are looking forward to a partnership with the city. Mayor O'Mahony directed the City Clerk to read the title of ORDINANCE 1569. Councilwoman Janney moved (1) to introduce ORDINANCE 1569 "Extending the Authorization and Consent to Transfer of Cable Franchise from Pacific Cable to Post-Newsweek Cable to TCI American Cable Holdings" and to waive further reading; (2) to adopt RESOLUTION 38-97 to Extend the Cable Franchise for up to seven months to January 31, 1998; and (3) to direct the scholarship funds be used for the video facility at Burlingame High School and any surplus funds to be donated to the Library Foundation. Seconded by Vice Mayor Spinelli and carried unanimously, 4-0-1. A hearing will be held on June 2, 1997. In response to council, City Manager explained three cities are considering studying if it is feasible to offer the San Bruno City Cable system to their residents in addition to TCI. When our cable transfer is completed he would recorrmend we join the JPA to deal with TCI as a collective group' Public Works Director reviewed his memo of May 7 which recommended council review the standard conditions and enforcement procedures for non-permanent fixtures in the sidewalk area of the business districts. The city has received numerous complaints recently regarding several businesses with encroachment permits. The complaints were about blockage of pedestrian walkways, trash, and alcohol consumption. There are currently 47 encroachment permits in the business districts for tables, chairs, benches and planters. The permits issued over the past five years have varying conditions and in order to maintain a consistent overall approach to encroachments, he suggested all current and future permits have the same 8 conditions. The code authorizes the City Engineer to suspend or revoke permits upon written notice and the decision is appealable to city council. He listed a procedure for enforcement. The Chamber has reviewed the conditions and procedures and indicated support. With council approval, staff will send this information by certified mail to all permittee along with their original permit. Vice Mayor Spinelli moved to approve the proposed procedures and conditions. Seconded by Councilwoman Janney" Councilwoman Knight asked about crowding caused by adjacent news racks and tables, particularly in front of La Pinata; she noted San Bruno has banned alcoholic beverage containers on the street. The motion carried unanimously. May 19,1997 158 Burlingame City Council PROPOSED PLAN FOR THE NEW 1490 BURLINGAME AVENUE PUBLIC PARKING LOT Public Works Director reviewed his memo of May 19 which recommended council review the general design for the new parking lot and provide comments. Council recently approved purchase of the vacant lot at the corner of Burlingame Avenue and El Camino Real for future parking. He proposed the parking lot would consist of thirty stalls including two disabled accessible stalls. All stalls would have two hour parking meters. The entrance to the lot would be located at the southwest end of the site adjacent to the Pacific Bell driveway. Any future connection to the Lucky parking lot could be accommodated at the northeast corner without loss of city parking stalls. Lighting and an architec- tural wall is proposed at the corner of the site in accordance with recommendations of the Streetscape Improvement Plan, lights will also illuminate the bus shelter. The project is scheduled for bid in June and construction over the summer at an estimated cost of $180,000, not including the architectural wall. Regarding Mr Weiman's request for access through the Lucky site, there was concern about the difference in grade, the condition of the present retaining wall and ADA requirements. Director said he would meet with Weiman to discuss further. Council discussed the design of the decorative wall at the corner, that Avenue should be spelled out, would it be graffiti resistant, would pedestrians be able to sit on it. Discussed the design and color of the sidewalks. Vice Mayor Spinelli moved approval to proceed with this plan. The motion was seconded and carried unanimously. Parks & Recreation Director reviewed his memo of May 15 which recommended council encourage the Karp family to find a Halloween event sponsor such as a service club or merchants association. The Foster City Rotary has conducted this event for 14 years; it takes a lot of time. The city could offer assistance at such an event. At a recent meeting, Joe Karp offered to donate $1000 annually for three years in support of a program for children on Halloween night similar to the event offered by the Foster City Rotary Club. Councilwoman Janney suggested this might be a project for Burlingame Rotary and Lions Clubs. Parks & Recreation Director reviewed his memo of May 15 which recommended council direct that staff focus on the tree lighting and not participate on a regular basis with the Burlingame Avenue Merchants Association on the Burlingame Avenue Holiday Open House Event. Staff will be available for consultation and will provide files, addresses, etc. in support of the Open House. Obviously the city tree lighting ceremony will be scheduled and coordinated with the Merchants' Open House. Council thanked staff for the excellent events, asked the merchants be informed. STATUS REPORT ON FUNDING FOR THE BAYFRONT RECREATIONAL TRAIL BETWEEN AIRPORT BOULEVARD AND BAYSHORE HIGHWAY Public Works Director reviewed his memo of May 16 which informed council of several potential outside funding sources such as: MTC/TDA funding through ABAG Bikeway Committee; CSCC which has funded 40 percent of the San Francisco Bay Trail; ABAG Bay Trail Program under CCC; BAAQMD and Transportation Fund for Clean Air; and ISTEA/TEA through the MTC and the County Congestion Management Agency. Staff is taking an interim step to facilitate bicycle travel by Burlingame City Council 159 May 19,1991 "SAFE STREETS" HALLOWEEN PROJECT FOR CHILDREN CITY STAFF SUPPORT AT THE BURLINGAME AVENUE HOLIDAY OPEN HOUSE installing a northbound bicycle lane adjacent to the curb on Bayshore from Airport Boulevard to the signal at Ramada Inn where the street narrows. Council again thanked staff for the excellent report. MEMO FROM COUNCILWOMAN KNIGHT REOUESTING DISCUSSION OF THE TRAFFIC COMMISSION'S ACTION REGARDING A STUDY OF TRAFFIC CONTROLS AT THE MURCHIS ON/CALIFORNIA INTERSECTION Councilwoman Knight reviewed her memo of May 14 which recommended council consider the TSP Commission decision regarding a letter from the Millbrae Public Works Director recommending a study of traffic controls at Murchison and California, an intersection on our cities' boundaries. The commission approved a study to be conducted by SamTrans at no cost to our city. She was sure this was related to the BART project at Millbrae Avenue. Councilwoman Knight was concerned that we should not have to share the cost of the signal needed by BART generated traffic. Public Works Director said SamTrans is conducting the study because of changed traffic circulation with the new Millbrae Avenue train overpass; people are using this intersection to avoid going through the Mill- brae/El Camino intersection and traffic has increased considerably at Murchison/California, buses access the train station through this intersection. Mayor O'Mahony thanked Councilwoman Knight for bringing this to council's attention, if BART station is built we may be able to require BART pay for this signal. Councilwoman Janney noted there is no cost to the city for this study. Vice Mayor Spinelli said this study may be of use in the future if BART comes and the intersection needs a signal. CONSENT CALENDAR RESOLUTION 39-97 AUTHORIZING EXECUTION OF AMENDMENT 2 TO THE 1981 AIRI'ORT COMMUNITY ROUNDTABLE MEMORT{NDUM OF UNDERSTANDING With the City Manager's recommendation of approval, the Airport/Community Roundtable's letter of April 29 requested council approve the amendment that sets up a process to allow non-member cities to join the Roundtable as voting members. If a majority of the voting members of the Roundtable approve this amendment, the eight south county cities that have expressed an interest may become voting members. AGREEMENT (JPA) FOR THE SAN MATEO OPERATIONAL AREA EMERGENCY SERVICES ORGANIZATION With the City Manager's recommendation of approval, the County's letter of May 19 requested council approve a revision of the JPA for the Operational Area Emergency Services Organization to make the language consistent with the SEMS requirements and changes to fit into the Sheriff's Office structure. c REJECT CLAIM OF SHARON CURTIS City Attorney's memo of May 12 recommended council reject this claim for a trip and fall on December lL, t996 in front of Il Fornaio. a b May 19,1997 160 Burlingame City Council d. CANCELLATION OF MAY 21 STUDY City Manager's memo of May 2l recommended council cancel the study meeting planned for May 2l because one council member will be absent and there is only one study item. The next study meeting will be the June 3 budget study and we will add the bicycle committee item to that agenda. (It was noted that the citizen interested in the bicycle committee could not attend the June 3 meeting; the bicycle item will be put on a later regular meeting agenda.) e ENCROACHMENT PERMIT FOR FENCE. GATE AND COLUMNS AT 1720 HILLSIDE Public Works memo of May 12 recommended council approve this permit for a sliding gate, fence and columns subject to standard permit conditions. f. WARRANTS & PAYROLL Finance Director recommended payment of Warrants 49554 - 50031, duly audited, in the amount of $1,430,950.96, Payroll Checks for the month of April 1997 in the amount of $1,037,063.33, and Electronic Fund Transfers for April, 1997 in the amount of $21L,595.I9. Vice Mayor Spinelli moved approval of the consent calendar. Seconded by Councilwoman Janney and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor Spinelli reported on the Airport Roundtable's recent Atherton meeting. Roger Chinn also commented on the changes to the Roundtable, noted even Berkeley has asked to join. Councilwoman Knight attended the Legislative Committee meeting and reported on three bills. NEW BUSINESS Councilwoman Knight asked if the large plastic banner hanging in front of World Wraps is allowed. Staff will send them a letter, such a sign is illegal. ACKNOWLEDGMENTS Commission Reports: Beautification, May 1; Planning, May 12; Traffic, Safety and Parking, May 8; Broadway BID, April 8 and May 13, 1997. Department Reports: Building, April 1997; Treasurer, April 30, 1997; Police, April1997. Letters from the Airport Roundtable and from the San Francisco International Airport in response to the letters from Foster City about the airport noise variance. Letter from Senator Kopp regarding the return of 60 percent of traffic fine and forfeiture funds to cities. e Proclamation for Public Works Week, May 18-24, 1997. a b c d Burlingame City Council 161 May 19,1997 ADJOURNMENT IN MEMORY OF MIRA PEREIRA. JOSEPH TOKARSKI AND RICHARD SCHWARTZ Mayor O'Mahony sadly noted the recent deaths of Mira Pereira, former colleague and friend of Councilman Harrison; Joseph Tokarski, father of Police Sergeant Pete Tokarski; and Richard Schwartz, father of Recreation Superintendent Randy Schwartz. After a moment of silence in their memory, the meeting was adjourned at 10:23 p.m. Judith A. Malfatti City Clerk I May 19,1997 t62 Burlingame City Council