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HomeMy WebLinkAboutMin - CC - 1998.04.20BI JRLINGA,ME, CALIF'ORNIA April 20, L998 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 Mike Spinelli. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Beautification Commission Chairman Will McGowan. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, KNIGHT, O'MAHONY, SPINELLI JANNEY (death of her mother) MINUTES The minutes of the Regular Meeting of April 6, 1998 were approved after a change on page 4, third oarasraoh bv Councilwoman O'Mahonv who noted she suqqested "the three aoolicants listed as inactive voters be required to provide evidence of voting in 1997 to preserve the right to be inter- vi@ed.." PROCLAMATION FOR TOURISM WEEK Mayor Spinelli read and presented a proclamation recognizing "Tourism Week - May 3, 1998" to Christine Maley, representative from the Convention & Visitors Bureau. APPEAL OF DECISION OF PLANNING COMMISSION REGARDING REVOCATION OF A coNprTroNAL usE PERMIT FOR OUTpOOR STORAGE AT 970 pAVIp ROAp - REQUEST TO CONTINUE TO MAY 4. 1908 Mayor Spinelli announced that council received a letter requesting postponing the hearing. Council unanimously approved continuing this appeal to the May 4,1998 meeting. CONSIDERATION AND ADOPTION OF INTERIM ORDINANCE 1591 REQTIIRING A REVIEW OF THE DESIGN OF ANY CONSTRUCTION OF. OR ADDITION TO. ANY SECOND OR TALLER STORY IN ANY R-1 DISTRICT The City Planner reviewed the memo of April 15, 1998 which recommended council hold a public hearing and take action. The Planning Commission has recommended that council adopt an Interim Ordinance Requiring Review of the Design of Any Construction Of, or Addition To, Any Second or Taller Story in Any R-l District by a Panel of Private Architects or Designers. The staff memo suggested several other alternatives for council's consideration. If council adopts the recommended ordinance, it should also adopt resolutions to adopt design guidelines, to amend the city's conflict of 323 interests code and to establish fees for this review. She reviewed requirements for previously submitted applications under this new ordinance and reviewed proposed design review guidelines. Mayor Spinelli asked when the moratorium ends and this new ordinace begins. Staff responded the moratorium expires tomorrow and if the Proposed Interim Urgency Ordinance is adopted it would take effect tonight. Councilwoman O'Mahony noted she would prefer an advisory review panel where applicant meets with the panel; wondered if that could be considered in future. Mayor Spinelli opened the public hearing. Robert Paratte; Virginia Cotton; Todd Robinette; Will McGowan; Cathy Baylock; Mary Denton; Ann Keaghan; Russ Cotton; Robert Louth all commented on the proposed ordinance; appreciate need to control growth but remember things change and needs change, what was an acceptable home years ago is not acceptable now; need to make the guidelines understandable to lay person; define variances; concern about added cost to applicants; don't want the moratorium extended, it's unfair; appreciated the efforts of the Planning Commission and its subcommittee; with this ordinance, FAR rules and declining height rules should be able to control growth; thought commercial projects should also have design review; concern about loss of value of home; suggest have photos of successful projects that applicants can look at. The hearing was closed. Councilwoman O'Mahony appreciated comments frorn residents; noted council started working on this issue in January 1997; design guidelines are broad brush, not detailed; will give you something you will understand; noted this is only the beginning of the process; have lots of work to do; she supported recommendation of the Planning Commission. Councilwoman Knight appreciated the efforts of the Planning Commission; recalled when we adopted the FAR rules the chamber was filled with Realtors speaking against it because it would reduce value of homes but they are not here tonight, now people are asking us to do something about monster homes; liked the idea of having pictures of example homes for an applicant to look af as suggested by our Beautification Chairman (she thought that commission should be renamed because its focus is on maintaining and reforestation of the city); Councilman Galligan appreciated comments of Virginia Cotton who takes care of her 102 year old mother; her neighbor built large home and she lost some sunlight with that project; her concern is losing value of home; he believed this is an ordinance we can live with; he commended Planning Commission; concern about more bureaucracy but he would support Planning Commission recommendation. Mayor Spinelli believed design review is the way to go; had concern about one person's perceptions and sensitivity in design revievr and supported the idea of a design review panel; important to keep ambiance of our city; he supported recommendations. City Attorney said in order to have the ordinance follow the same direction as the rnoratorium ordinance, the trigger point for design review of amendments to applic-ations submitted or approved before March 1, 1998, should be changed to 2,700 SF and .45 FAR. The mayor asked the city clerk to read the title of the ordinance. Councilman Galligan moved to waive further reading of the ordinance. Seconded by Councilwoman O'Mahony and carried unanimously, 4-0-1, Vice Mayor Janney absent. Councilwoman O'Mahony moved to adopt INTEzuM ORDINANCE 1591 Requiring Review of the Design of any Construction of, or Addition to, any Second or Taller Story in the R-1 District with change from "or" to "and" for amendment design trigger point on applications before March 1, 1998. Seconded by Councilman Galligan and carried unanirno,;sly, 4-0-1, Vice Mayor Janney absent. Councilman Galligan moved adoption of RESOLUTION 31-98 Adopting Design Guidelines. Seconded by Councilwoman O'Mahony and carried unanimously, 4-0-1, Vice Mayor Janney absent. April 20, 1998 324 Burlingame City Council Councilman Galligan moved adoption of RESOLUTION 32-98 Amending the City's Conflict of Interest Code to Add the Design Review Panel of Architects to the List of Designated Employees. Seconded by Councilwoman O'Mahony and carried unanimously, 4-0-1, Vice Mayor Janney absent. Councilwoman O'Mahony moved adoption of RESOLUTION 33-98 Establishing Fees for Design Review. Seconded by Councilman Galligan and carried unanimously, 4-0-1, Vice Mayor Janney absent. APPEAL OF DECISION OF PLANNING COMMISSION REGARDING APPROVAL OF A SPECIAL PERMIT TO USE AN ACCESSORY STRUCTURE FOR A HOME OFFICE AND RECREATION USE AT 539 FRANCISCO DRIVE - RESOLUTION 34-98 APPROVING SAME Councilwoman Knight said she had talked to the City Attorney and they decided that she should abstain from this discussion and vote because of a possible conflict of interest because her home is near this site. City Attorney noted a simple majority 2-l vote could decide the issue. City Planner reviewed her memo of April 9, 1998 which recommended council hold a public hearing and take action. The applicant Alicia Faugier, property owner, is requesting a permit to improve and continue to use a 231, SF existing nonconforming accessory structure in her rear yard as a home office and for recreation use at 539 Francisco Drive. A special permit is required for windows within 10 feet of the property line. The structure has four windows within 10 feet of the property line, two of these windows are jalousie style windows located at the rear of the structure 3 inches from the property line. The jalousie windows were installed with the original structure and the applicant indicates these windows will be boarded up to protect against water damage. The other two windows newly installed are on each side of the structure. There is no sewer or water service to the structure. This application is a result of code enforcement based on a complaint about recent construction on the site. A 1958 report from the assessor's office indicates this building was installed in 1957; there are no permits on file for the accessory structure. The applicant purchased the property in 1997 and obtained an electrical permit to add outlets and lights to the main house. This included installation of electricity to the playhouse. In addition two new windows were added, one on each side of the accessory structure. The neighbors adjacent to this accessory structure appealed the decision. Councilman Galligan asked how they could remove the windows at the rear of the accessory with only three inches between the window and fence; staff responded they may need to remove or replace the fence to get access. Mayor Spinelli opened the public hearing. Alieia Faugier, applicant, explained her need for office space; she and her husband have three children, she works at home; the structure has been there for 27 yearc, they are not changing the exterior except to removed the offending windows at the rear. Presented several letters in support. Two people spoke in favor, Chuck Cochran and Rich Quadri, noting the structure has been there for years, the applicants are only asking to maintain it; been fully enclosed for years; neighbors property value not affected since structure was there when they purchased their house; conditions required by Planning Commission are adequate to meet the appellant's concerns. Appellant Ron Hill, 532 Oak Grove; was concerned about increased usage of the accessory building which abuts his front yard and house; concerned about more noise; feel unfair to have purchased his home under one condition, then have the condition change; if he sells his home the purchaser will ask what that building is - it used to be a shed but now it's an office and recreation site; wants to be assured there will be no plumbing or sewer lines added so it is not a living unit. The hearing was closed. tsurlingame City Council 325 April20, 1998 City Attorney responded to council questions about special permits and conditions. Council agreed the conditions adopted by the Planning Commission address the concerns of the neighbor, the building can't be used for habitation. Council noted exterior lights will be removed and conditions will be recorded with the county. Councilwoman O'Mahony moved to uphold the Planning Commission by adoption of RESOLUTION 34-98 Approving the Special Permit for Using an Accessory Structure for Office and Recreation Use. Seconded by Councilman Galligan and carried unanimously 3-0-1-1, Councilwoman Knight abstaining and Vice Mayor Janney absent. SECOND READING OF ORDINANCE l59O INSTALLING TWO STOP SIGNS AT THE INTERSECTIONS OF BURLINGAME AVENUE. AND EAST LANE. WITH CAROLAN AVENUE Public Works Director reviewed his memo of April 8, 1998 rvhich recommended council hold a public hearing and take action. The Traffic Commission recommended this ordinance at its meeting of March 12. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. Councilwoman Knight asked about signage because of the width of East Lane at this intersection; she then moved adoption of ORDINANCE 1590. Seconded by Councilwoman O'Mahony and carried unanimously 4-0-1, Vice Mayor Janney absent. Public Works Director reviewed his memo of April 14 which recommended council hold a public hearing and take action. ln 1997 the city approved a Disadvantaged Business Enterprise (DBE) program and goal. The program is required for all federally funded construction projects. Each year the program goal must be adopted and published to allow for public comment. The resolution continues the 10 percent DBE goal in accordance with the 1987 Surface Transportation and Uniform Relocation Assistance Act. Mayor Spinelli opened the public hearing. There v/ere no comments and the hearing was closed. Councilman Galligan moved adoption of RESOLUTION 35-98. Seconded by Councilwoman O'Mahony and carried unanimously 4-0-1, Vice Mayor Janney absent. PUBLIC COMMENTS Lori Benintendi, Ray Scola, Nancy Padilla and Marianne Saucedo, residents on Larkspur Drive, asked for council assistance in getting a stop sign on l-arkspur and Linden. They are concerned about safety of their children; cars speeding, being "tested"; too rnany cars parking on their street, workers in area park there; decreased property 'ralue because of all the cars parking there. Staff noted the Traffic Commission will be considering this issue at its llay 14 meeting and encouraged these people to attend that meeting; auto dealers in area have been notified that employees should not park or test cars in residential areas. April20, 1998 326 Burlingame City Council Todd Robinette was concerned about Washington Park; dogs are running loose in the park; teenagers playlng on the playground equipment, it should be limited to children under 12 years of age; has seen people hitting golf balls in the park; he asked for police patrol in park. Council asked about increased police presence; about use of the "doggie bags" for cleaning up after pets; about posting signs; looked forward to having a designated dog park in the future. RESOLUTION 36-98 CHANGING ALL TEN-HOUR METERS TO TWO-HOUR METERS IN PARKING LOT K Public Works Director reviewed his memo of March 27 which recommended council adopt a resolution changing the ten-hour meters to two-hour meters in Parking Lot K at the end of Fox Plaza Lane. The Traffic Commission reviewed this proposal and recommended it to council as the conversion would provide additional short-term parking for the business district; it would also be in conformance with the recommendation of the Streetscape Study. Alternate free parking is now available on a trial basis across the street in Lot H; if council decides to revert back to a paid lO-hour parking in Lot H, the cost would be the same as the existing lO-hour meters in Lot K. For this reason, staff concurs with the commission in eliminating long-term parking in Lot K. This was held over from the last meeting to allow for comments from merchants. Councilwoman O'Mahony noted parking use is up in Lot H. Councilwoman O?Mahony moved adoption of RESOLUTION 36-98. Seconded by Councilman Galligan and carried unanimously 4-0-1, Vice Mayor Janney absent. CONSIDER COMPOSITION OF THE PLANNING COMMISSION City Attorney reviewed his memo of April 15, 1998 which recommended council direct staff and continue this matter to May 4 so that a full council will be present. The council requested staff to provide information on how the number of members on the Planning Commission was determined. As a general law city, we are subject to state law which specifies that a planning commission consists of at least five members. Burlingame city code requires seven members. In the past it has been six members with the mayor as ex-officio member . In 7952, this was changed to a seven member commission. The minutes of the council meetings at that time do not reflect the reason for the change. A seven member committee requires a quorum of four in order to proceed with an item, while a five member commissions requires a quorum of three. Regarding the requirement that planning commissions be registered voters and residents of the city, it is not clear whether the requirement is intended to be a prerequisite to appointment, or whether it eould be satisfied by registering after appointment but before actually taking office. He noted the city clerk could register applicants when they apply. Councilwoman Knight noted the applicants read the form and signed it; the form says they must be registered voters and she thought that should be a prerequisite of applying" Councilwoman O'IvIahony agreed; considering the number of people who applied the inactive voters should have an opportunity to verify that they voted. The City Attorney will bring this item back to the next meeting. Burlingarne City Council 327 April 20, 1998 a. CONSENT CALENDAR RESOLUTION 37-98 ACCEPTING COMPLETION OF THE LIBRARY RECONSTRUC- TION - CP 9305 Public Works memo of April 14, 1998 recornmended council accept the project as completed by Dennis J. Amoroso Construction Company in the amount of $9,640,605. PROJECT - CP 9609 Public Works memo of April L4, 1998 recommended council approve Amendment No 1 with Permco Engineering & Management in the amount of $163,721 for design and management of the Sewer Interceptor Project. The scope of the project was expanded and the construction period was lengthened from 120 days to 150 days, therefore this amendment is needed. c. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 56965 - 57458 (including Library checks 57297 - 57355), duly audited, in the amount of $1,100,852.51, Payroll Checks 104778 - 105881 for the month of March 1998 in the amount of $1,079,945.86 and Electronic Fund Transfers for March 1998 in the amount of $453,083.17. Finance Director's memo of March 25 recomrnended council approve a one year contract with KPMG Peat Marwick for an audit of the 1997-98 fiscal year. At the last meeting, council recommended a one year, instead of three-year contract as proposed by KPMG Peat Marwick. Council was concerned about the increase in fees. ENCROACHMENT PERMIT FOR PACIFIC BELL TO INSTALL AN EOUIPMENT ENCLOSURE AT ANZA AND AIRPORT BOUI,EVARDS Public Works memo of April 14 recornrnended council approve an encroachment permit for Pacific Bell cabinet and location on the south side of Anza Boulevard about 15 feet behind the sidewalk. Landscape screening will be provided and maintained by Pacific Bell. This 11 feet long by 6 feet wide box, approximately 5 feet high wil! contain fiber-optic lines for future development of the area. Councilwoman Knight moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously 4-0-1, Vice Mayor Janney absent. Councilwoman Knight reported the Criminal Justice meeting. Councilman Galligan reported on the Chamber meeting for Vice Mayor Janney; he also attended the Progress Seminar in Monterey and e April20, 1998 328 Burlingame City Council b. d. COUNCIL COMMITTEE REPORTS a. noted the sessions were great. Councilwoman O'Mahony attended CCAG where they passed the Airport MOU. Mayor Spinelli went to the Emergency Services meeting. OLD BUSINESS Councilwoman O'Mahony asked about upcoming staff discussions with BART. Staff explained that BART is proceeding with the Millbrae project and staff needs to meet with them to review impacts this project will have on the city. Council discussed, asked status of our traffic study. Councilwoman Knight mentioned a question from Marianne Saucedo about a freeway sound wall along Rollins Road; she understood that when the State adds auxiliary lanes to the freeway they may continue the sound wall. NEW BUSINESS Mayor Spinelli asked about the trains blocking Broadway during rush hour; staff noted grade separation discussions will begin soon. Will come back in May with more information. ACKNOWLEDGMENTS Commission Minutes: Park & Recreation, March 19; Beautification, April 2; Traffic, Safety and Parking, April 9; Planning, April 13, 1998. Department Reports: Building, March 1998; Treasurer, March 31, 1998. San Mateo County Convention & Visitors Bureau Report for March 1998. ktter from Bruce Sinykin complaining of construction storage and trash at California and Oak Grove near the train tracks. Staff had resporded. Proclamations for Older American's Month, Ivlay; Tourism Week, May 3, 1998; and 25th Anniversary of the Mills-Peninsula Hospital Foundation. Letter from Marianne Saucedo regarding the Traffic Commission action regarding Larkspur Drive area traffic problems. f. oE Letter from Jennifer Pfaff in support of design review. ktters from Robert Paratte and from Virginia Cottcn asking relief from the moratorium. ktter from Foster City's mayor asking support of SB 1853. Letter from Bernard Wolfe, attorney representing Catherine Stinson, objecting to a proposed remodel at L2l6 Edgehill. b. c. d. e h I" j. k Burlingame City Council 329 April20, 1998 Letter from Maureen Nerli regarding a "greedy" builder and a truck always parked on Adeline. l. Letter from John Martin, Airport Director, regarding new noise abatement procedures. CLOSED SESSION At9:24 p.m. the Mayor adjourned the meeting to a closed session to confer with the City Attorney and City Manager on whether to initiate litigation on a code enforcement issue with Pat Holiday's Bus Company/Foremost Tours, 875 Mahler Road. RECONVENE OPEN MEETING The meeting reconvened at 9:35 p.m. and council authorized the city attorney to enforce zoning code at 875 Mahler Road. ADJOURNMENT IN MEMORY OF ELEANOR HOCHREITER. ROY GENE ADAIR AND ROBERT OLIGHER Mayor Spinelli noted with sadness the recent death of Vice Mayor Mary Janney's mother Eleanor Hochreiter of New York, and of our Water Office Supervisor Karin Mills' brother-in-law Roy Gene Adair. Councilman Galligan mentioned the death of his friend, Robert Oligher. After a moment of silence, the Mayor adjourned the meeting in their memory at 9:36 p.m. Judith A. Malfatti City Clerk April 20, 1998 330 Burlingame City Council