HomeMy WebLinkAboutMin - CC - 2001.02.05BURLINGAME, CALIF'ORNIA
February 5,2001
1. REGULAR MEETING CALLED TO ORDER
A 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 at7:00 p.m. by Mayor Joe Galligan.
2. PLEDGE OF ALLEGIAIICE TO THE FLAG
Led by City Clerk Ann Musso.
COLTNCIL PRESENT:
COUNCIL ABSENT:
COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NONE
a.Pending Litigation (Government Code $ 54956.9(a)) and Real Estate Negotiations
(Government Code S 54956.8) - public hearing on property acquisition itself was held on
May 1, 2000. City of Burlingame vs. Hurt, San Mateo Superior Court Case No. 412951,
1347 N. Carolan Avenue - City Negotiators: Mike Nave, Larry Anderson, Jim Nantell,
Property Owner Representatives - Dorritt Hurt, Bill Turner
CA Anderson stated this lawsuit is to acquire title to the property at 1347 N. Carolan; lawsuit is
pending trial in San Mateo Superior Court. Council instructed the City negotiators with regard to
settlement negotiations.
b. Threatened Litigation (Government Code $ 54956.9(b)(1), (3XC)), Jennifer King, Warren
King, and Terri King for violation of civil rights and personal injury.
Council instructed City Attorney Anderson to deny this claim.
c.Conference with Labor Negotiator pursuant to Government Code $ 54957.6: City
Negotiator: Jim Nantell, Labor Organtzation: PolicelFire Administrators
Council instructed City Manager regarding these negotiations.
d. Real Estate Negotiations (Government Code $ 54956.8) existing lease property subject to
renewal or revision. City property (approximately 51450 square feet) fronting Rollins Road
adjacent to 1010 Cadillac W"y, Burlingame, CA 94010. City Negotiators: Dennis Argyres,
Larry Anderson, Jim Nantell, Property Owner Representatives - James Hannay, Rector
Cadillac
Council instructed City Negotiators with regard to negotiations of a new lease with Rector
Cadillac.
Burlingame City Council 285 February 5,2001
3. ROLL CALL
4. CLOSED SESSION
6.
a,
5. MINUTES
Mayor Galligan noted an error on page 5, first paragraph, that he attended the funeral of Ellen Sawyer,
not Alan Sawyer. Councilwoman O'Mahony made a motion to approve the minutes of the meeting
held on January 17,2001; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0.
PUBLIC HEARINGS
SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
Following public hearing, close public hearing on formation of district, services,
programs, and activities to be provided by the district, and assessments for year 2001
Consider and ovemrle protests to formation of district, services, programs, and activities
to be provided by district, and assessments for year 2001.
Introduce ordinance establishing the San Mateo County Tourism Business Improvement
District, the basis for and process of levy and collection of assessments for the District,
and the District Advisory Board.
CA Anderson noted this was the third public hearing on the possible formation of the San Mateo
County Tourism Business'Improvement District. The idea presented by the San Mateo County
Convention and Visitors Bureau and San Francisco Peninsula Hotel Council is to form a Business
Improvement District enco.mpassing a number of cities within the County as well as the unincorporated
area. The cities that have consented to join include Belmont, Burlingame, Daly City, Foster City, Half
Moon Bay, Millbrae, San Carlos, San Bruno, San Mateo, South San Francisco, Redwood City and the
unincorporated areas of the County. The City of South San Francisco has asked that its participation
be postponed until January, 2002, in order to accommodate its hotels' request to include it in their
budgets. They would be required to notif, the district no later than September 30, 200I, whether the
City had any reservations about participatingin2002. Daly City has requested to be moved into Zone
B due to the low occupancy rates in that city. To date, only one protest has been received, which was
Embassy Suites in South San Francisco. This protest only applies to the formation of the district and
would not apply to the impositions of assessments for this year as South San Francisco is not
proposing to be included in the district for 2001.
Mayor Galligan opened the public hearing. There were no comments from the floor. Councilman
Coffey made a motion to formally close the public hearing process; seconded by Councilwoman
O'Mahony, approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion
overruling protests to the formation of the district; seconded by Councilwoman Janney, approved
unanimously by voice vote, 5-0. Mayor Galligan requested the City Clerk read the title of the
proposed ordinance. Councilwoman Janney made a motion to waive further reading of the proposed
ordinance; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Councilman
Coffey made a motion to introduce the proposed ordinance; seconded by Councilwoman Janney,
approved unanimously by voice vote, 5-0.
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February 5,2001 286 Burlingame City Council
5b. APPEAL HEARING FOR CATEGORICAL EXEMPTION AND DESIGN REVIEW
SPECIAL PERMIT AND HILLSIDE AREA CONSTRUCTION PERMIT FOR 1825
CASTENADA
CP Monroe explained the applicant is requesting design review with a special permit for an attached
garage as well as a Hillside Area Construction permit in order to demolish an existing 2,322 square
foot one story house with an attached two car garage and replace it with a 4,500 square foot two story
house with an attached two car garage. Noted: this is an unusually large lot; current FAR on this site
is lloh and the proposed FAR would be2lo/o. The new house will have six bedrooms with two
covered parking spaces as required by code. The proposal also includes a232 square foot wine cellar,
which meets the definition of a basement and is not included in the FAR calculation. At a preliminary
design review study of this item on December 11, 2000, the Planning Commission instructed the
applicant to have story poles installed and in place at the time of the Planning Commission's hearing.
Since that time, the story poles have been augmented to attempt to show the footprint of the new
house. When the Planning Commission voted to approve the request they required the location of the
story poles be verified by a licensed surveyor before they were removed to ensure that the new
construction would be within the envelope shown.
Mayor Galligan opened the public hearing. Mr. Jean Gorostiague,1536 Alturas Drive, the contractor
for the project and Mr. Bob Williams, the project Architect were available to answer questions. Mr.
Gorostiague stated he feels this is a good project and follows are requirements set by the Planning
Commission.
The following people came forward to speak in opposition of the project: Bill & Christine Kahn, 1837
Castenada, Lillian Kelly, 1825 Castenada, Helmet Alter, 1838 Castenada, Charlene Chin, 1800
Castanada, Pat ljader, Castenada, Millbrae, Leon Levy, 1816 Castenada. Comments: neighbors
stated they felt the house is too large for the neighborhood; the majority of lot is unbuildable; only one
two story home in this neighborhood that was built 30 years ago; project takes away privacy of
neighbor on the east; new house will obstruct view; concerned about chimney being too close to her
home; demolishing old house to build "monster" house is a waste; large house does not fit into the
character of neighborhood; urged Council to overturn Planning Commission's decision.
Mr. Williams, the architect for the project, stated he has followed all the Planning Commission's
requirements and installetl the story poles; these story poies were verified by a licensed surveyor.
Explained that the neighbor on the east feels the front of the house is going to block her view from one
of her windows, which sits behind a fence. Recently the contractor installed a corner pole on that side
of the house" Noted the proposed project is not 2 Yz times larger; the current house is 2,000 square
feet and the proposed house is 4,000 square feet with a 500 square foot garage. The Planning
Commission stated the bulk, mass and materials was compatible to the street and the rest of the
neighborhood. Feels keeping the existing house and building a second story will have a largbr impact
than building the proposed house. One of the neighbor's concerns were the windows on the east
side. Mr. Williams noted in his original plan, windows w-ere not proposed on the east side. Adding
these windows was a condition of approval made by the Planning Commission as they felt that part of
the house showed no articulation.
There were no additional comments from the floor and the hearing was closed.
Burlingame City Council 287 February 5,2001
Council comments: Vice Mayor Spinelli stated he visited the neighborhood; noted the front setback is
2-% feet fuither back off the street than the current house. Feels the architect has done a very good job
designing this house and feels it will fit into the neighborhood well. Councilwoman O'Mahony noted
that the proposed building is 4,500 square feet, but the owners are entitled to build a house that is 7,829
square feet. Vice Mayor Spinelli made a motion to support the Planning Commission's approval of a
categorical exemption and design review, special permit, and hillside area construction permit for 1825
Castanada; seconded by Councilwoman Janney, approved by voice vote, 4-1 with Mayor Galligan
abstaining.
At this time, Mayor Galligan pulled item 12h from Acknowledgements the petition from citizens
regarding traffic concerns on and near Trousdale Avenue. He noted that at the City Council Study
Session held on January 27,the traffic on Trousdale was a major concern of the Police Chief s as well
as the entire City Council: Council has requested stronger enforcement from the Police Department as
well as requesting the Traffic, Safety and Parking commission to look at ways to slow down traffic,
including potential stoplights. Mayor Galligan explained the traffic problem in this area is something
Council feels very strongly about.
6, PUBLIC COMMENT
The following people came forward to express their concem about the traffic problems on and near
Trousdale Avenue: Irv Amstrup,2108 Trousdale, Bruno Cadona,2100 Trousdale, Evelyn Clayton,
2950 Trousdale, Lois Durham,2156 Trousdale, Angela Chung,2613 Trousdale, Luther Smith, 1818
Loyola Drive. Comments: Cars speed down Trousdale and run stop signs; three schools in this area,
children are going to get hurt; concerned when Peninsula Hospital is rebuilt, will traffic be allowed to
exit onto Trousdale; BART will bring more traffic to the street; would like to see a traffic signal
installed; need more police presence in this area issuing tickets.
Chief Missel noted that there is a weight limit in place on Trousdale that is controlled by the vehicle
code. Research would need to be conducted to see the weight limit could be restricted further.
7. STAFF REPORTS AND COMMUNICATIONS
a. INTRODUCTION OF ORDINANCE AMENDING TITLE 25 TO REVISE THE
INCLUSION OF BASEMENTS IN FLOOR AREA RATIO CALCULATION
CP Monroe noted in the current code, basement areas in single family houses are not included in the
floor area ratio (FAR) calculation; there have been concerns expressed about the way basements are
defined as well as the exclusion of the basement area. The Planning Commission has been working
on this proposed ordinance in an attempt to refine the way basements are addressed when calculating
FAR for single family residences. The definition of basement has been defined as "in the ground";
only two feet can extend out of the ground, 600 square feet would be exempt; the remainder of a
basement area would be included in calculating the FAR unless the basement area was used for
parking, in which case the entire basement would be included in the FAR. Crawl spaces would not be
counted in the FAR; 100 square feet of any area below the first floor would be exempt because often
older homes have utility areas in the lower area. Prohibited uses in basement areas in the R-1 zone
include bathtubs, shower stalls, and bedrooms.
February 5, 2001 288 Burlingame City Council
Councilwoman O'Mahony stated she felt 25 square feet for a toilet and sink seemed very small. CP
Monroe explained that the Planning Commission's reason for this small area was to discourage
basement areas from being used for bedroom areas.
Mayor Galligan requested the City Clerk to read the title of the proposed ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the ordinance; seconded by Councilwoman
Janney, approved unanimously by voice vote, 5-0. Councilwoman Janney made a motion to introduce
the proposed ordinance; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0.
Mayor Galligan requested the City Clerk to publish a summary of the ordinance at least five days
before proposed adoption.
b. INTRODUCTION OF ORDINANCE ADOPTING AMENDMENT TO SECTION
25.57.030 AMENDING THE DESIGN REVIEW PROCESS TO PROVIDE F'OR
PLANNING COMMISSION STUDY AT THE BEGINNING OF THE PROCESS
CP Monroe noted that in April, 1998, a residential design review process began for single-family
homes. In April, 2000, a revision was adopted to the process, which streamlined the process and
brought applicants before the Planning Commission for a public comment meeting before the
application was determined to be put on the consent calendar, action calendar, or referred to a design
reviewer. The process had a sunset clause written in at time of adoption and now it is at the period of
expiration. Should the process expire, the Planning Commission would go back to the old process of
requiring every application go to a design reviewer before going to the Planning Commission. The
comments received from the public on the new process have been positive.
Mayor Galligan requested the City Clerk to read the title of the proposed ordinance. Councilwoman
Janney made a motion to waive further reading of the ordinance; seconded by Vice Mayor Spinelli,
approved unanimously by voice vote, 5-0. Councilwoman Janney made a motion to introduce the
proposed ordinance; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0.
Mayor Galligan requested the City Clerk to publish a summary of the ordinance at least five days
before proposed adoption.
c. REQ UEST FOR A TENTATIVE TRAFFIC ALLOCATION FOR A PROPOSED HOTEL
PROJECT AT 620 AIRPORT BOULEVARD LOCATED WITHIN THE BAY FRONT
Mayor Galligan noted he had spoken to the applicant, Manager and Staff regarding this issue. He also
noted some of the information arrived late and suggested that a decision on this item be deferred until
after the Joint City Council/Planning Commission meeting on February 24 when the Planning program
and Bay Front Specific Area Plan will be discussed. The applicant has agreed. The Mayor suggested
that this item be placed back on the Council agenda for the March i9 or April 9 Council meeting.
8. CONSENT CALENDAR
a. RESOLUTIONS #ll-2001AND #12-2001AUTHORIZING SIGNATURE ON
AGREEMENTS FOR (1)FINANCIAL ADVISOR AND (2) BOND COUNSEL IN
CONNECTION WITH CORPORATION YARD RECONSTRUCTION FINANCING
Burlingame City Council 289 February 5,2001
SPECIFIC AREA PLAN JURISDICTION
:!.:
Finance Director Becker recommended approval of Resolution #11-2001 and#12-2001 authorizing
signatures on agreements with Orrick, Herrington and Sutcliffe LLP as bond counsel, and Kelling,
Northcross & Nobriga as f,rnancial advisor for Corporation Yard Reconstruction Project financing.
b. RESOLUTION #9-2001 AUTHORIZING AGREEMENT WITIJ:]MAZE, AND
ASSOCIATES TO ASSIST WITH IMPLEMENTATION OF NEW ACCOUNTING
STANDARI)
Finance Director Becker recommended approval of Resolution#9-2)}l authorizing City Manager to
sign agreement with Maze and Associates to assist with the implementation of.new accounting
standard.
c. REVISED JOB DESCRIPTION: ASSISTANT ENGINEER
Finance Director recommended approval of the revised job description for Assistant Engineer.
d. SPECIAL EVENT APPLICATION _ BICYCLE RACE IN BURLINGAME AVENUE
AREA - SUNDAY, JUNE 24,2001
Executive Assistant Weber recommended approval of Special Event Application for a bicycle race in
the Burlingame Avenue area on June 24,2001being conducted by Peninsula Velo Cycling Club.
e. REJECT CLAIM OF RICHARD FAZIOLA FOR PARIilNG LOT DAMAGE
City Attorney Anderson recommended rejecting claim of Richard Faziola for parking lot damage that
allegedly occurred on November 7,2000 at90ll903 California Drive.
i. REJECT CLAIM OF PAMELA IRELAND FOR PERSONAL INJURY
City Attomey Anderson recommended rejecting claim of Pamela Ireland for personal injury from a
slip and fall occurring on November 16,1999.
Councilwoman Janney made a motion to approve the consent calendar; seconded by Councilman
Coffey, approved unanimously by voice vote, 5-0.
9. COUNCIL COMMITTEE REPORTS
Councilwoman O'Mahony attended C/CAG, County Council of Cities meeting, and the North County
Council of Cities meeting. Councilman Coffey attended the OLA Crab Bash fundraiser. Vice Mayor
Spinelli attended the County Emergency Services Council Meeting and the North County Council of
Cities meeting. Councilwoman Janney attended Burlingame School District strategic long term
planning meeting, the committee meeting for the San Mateo County Tourism Business Improvement
District, attended meetings with Glenborough regarding the child care facility at the future 301 Airport
site, Colma Crab and Polenta Feed, CA4AC meeting, PalCare function at SFO, committee meeting of
the Burlingame Aquatic Center Foundation, North County Council of Cities, and a PARCA dinner.
Mayor Galligan attended meetings regarding the parcel tax, attended the Judy Gladysz court case,
OLA Crab Bash fundraiser, visited a homeless family staying at First Presbyterian Church, County
Council of Cities meeting, and the North County Council of Cities meeting, Board of Supervisors
Board Meeting, participated on the Rudy Benton show, and presented a Burlingame High School
February 5,2001 290 Burlingame City Council
a.
student with a commendation for saving an infant who was submerged under water. All Council
members attended the City Council Study Session.
9. OLD BUSINESS
Councilwoman O'Mahony asked Parks & Recreation Director Williams if the pool employees were
kept emplbyed when the pool was out of commission for five weeks. He stated the City does not have
fulItime employees assigned to the pool. The part time employees were out of work during that time.
10. NEW BUSINESS
il. SET APPEAL HEARING FOR 1228 BERNAL FOR FEBRUARY 20,2001
Mayor Galligan stated the garage issue was misunderstood at the Planning Commission level and the
Chairman asked that this project go back to the Planning Commission for review; requested the
$250.00 be returned to the applicant and the hearing was cancelled.
11. ACKNOWLEDGEMENTS
Commission Minutes: Library Board of Trustees, December 19,2000; Parks & Recreation,
January 18, 2001; Planning, January 22,2001; Traffic, Safety and Parking, January 25,2001;
Senior, January 18,2001
Department Reports: Parks & Recreation Quarterly Report, 2000-01
Adeline Drive and Vancouver/Floover Trafftc Safety Review
Letter from Mr. John Hornblower regarding building of more apartment buildings in Burlingame
Letter from Rob Cunningham, 112 Bayswater, regarding design review process and water
draining problem on neighbor's property; Response letter from Building Offrcial Fred Cullum
Letter from concerned neighbor on Balboa Avenue expressing opinion that no stop signs are
needed on Adeline and Cortez
g. Letter from June Bitter, 2673 }dafiinez,regarding project at2669 Martinez
h" Letter from Howard G. Page, l l l Central Avenue, regarding current situation with PG&E
i. Petition from citizens regarding traffic concems on and near Trousdale Avenue
14. ADJOURNMENT
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Mayor Galligan adjourned the meeting at 8:35 p.m-
Ann T. Musso
City Clerk
Burlingame City Council 291 February 5, 2001