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HomeMy WebLinkAboutMin - CC - 2001.03.05BURLINGAME, CALIFORNIA March 5,2001 I 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 at7:05 p.m. by Mayor Joe Gallig4n. CLOSED SESSION Pending Litigation (Government Code S 54956.9(a)); City of Burlingahe vs. Gladysz, San Mateo Superior Court Case No. 412328 r1'- Council instructed City Attomey with regard to this matter. b. Conference with Labor Negotiator pursuant to Government Code $ 54957.6: City Negotiator Jim Nantell, Dennis Arryres, Bob Bellr IEDA; Labor Organization IAFF Local 2400 Council instructed City Manager, Human Resources Director, and IEDA regarding negotiations with IAFF Local 2400. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Human Resources Director Bob Bell. 3. ROLL CALL a. COUNCIL PRESENT COUNCIL ABSENT: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NONE 4. MINUTES There were no corrections to the minutes of the regular meeting of February 20,2001. Vice Mayor Spinelli made a motion to approve the minutes of February 20,2001; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. There were no corrections to the minutes of the joint Planning Commission and City Council meeting of February 24,2001. Vice Mayor Spinelli made a motion to approve the minutes of February 24, 2001; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS 5a. RESOLUTION 19-200 1 - APPEAL OF THE PLANNING COMMISSION'S DECISION ON A DESIGN REVIEW AND CONDITION AL USE PERMIT FOR A NEW HOUSE AT 2405 IJLLLSTDE DRTVE. ZONED R-l Mayor Galligan noted he could not participate in this discussion or decision since he lives within 500 Burlingame City Council * March 5,2001 304 i-.S"'.r feet ofthe project. CP Monroe reviewed her stbff report of Febntary 23,2001, and noted that the applicants are requesting design review for a new two story house and conditional use permit for two windows within ten feet of property line which are located in a detached garage at the rear of the property. The basement area, 1,172 square feet, is not included in the FAR calculation because more than half of this area is below grade. One of the Planning Commission's concems was two protected Redwood trees that are located on each side of the property. The majority of one of the trees is on the neighbor's property, but the two trees sit virtually on the property line between these two houses. The Planning Commission requested an additional arborist report because of a concern that when the City Arborist initially evaluated the trees he was unaware that the house was to be demolished. It was determined after reviewing the second arborist report that both trees were suitable for removal. Because of the Planning Commission's concern about the importance of these trees to the neighborhood, they added a condition that requires the applicant to plant three new 24" box trees on the site of a species that will be enough to replace the green backdrop lost by removal of the redwood trees. On the design, the Planning Commission felt that the style of the house was more suited to the Mills Estate area where ranch styles are typical; in this area, the 1920's and 30's bungalow homes are typical. The Commission felt that the second story addition resulted in more mass and bulk than the design guidelines directed because of its size and placement toward the front of the structure. The mass of the house was a.concern, including the large habitable basement accessed by an elevator. In their comments, the Planning Commissioners noted that the design of this house does not fit into the neighborhood; agreed with putting the accessory structure close to the rear property line, but felt windows within ten feet of property line, one of the special permits being requested, should not be allowed due to privacy and the French doors; thought the house could be designed to fit the traditional styles of the neighborhood with a second floor. Council asked staff if we could add a condition that the basement not be used for living pu{poses; noted there are no windows in the basement area; without windows it cannot be legally used for living purposes. A condition can be added that states there would be no windows or doors to the exterior added to the basement. Vice Mayor Spinelli opened the public hearing. Mr. Rados, 2405 Hillside Drive, owner and resident, noted on February 12,2001, he provided the Planning Commission with three pages of comments and 35 pages of backup information in an effort to answer the questions that were posed by the commission. Noted in 2000 he obtained a permit to remove the redwood tree on the east side of his property with the explanation that the tree had an "effect on existing structures and future construction", but primarily concern was about the disease of the tree. The City Arborist examined the tree and granted the permit for removal; plans for the new home were developed accordingly and submitted to the Planning Department. The Planning Commission requested more information about the Redwood trees. A long-time Burlingame arborist was hired to examine the trees in detail. This report was submitted to the City Arborist who fully agreed with the findings of the independent arborist. There are significant cracks inside his house caused by the tree. The arborist report notes the tree is leaning 16 degrees toward the south and is now beginning to develop cracks on the trunk because of the stretching. It has a2' x 4' cavity at the base, which is full of decay and termite infestation. Mr. Rados noted that he has nursed these Redwood trees for 25 years, but now is concerned about safety issues. Setbacks of 30' to 40' from the trees as suggested by the arborist make the site very hard to develop. Noted that the neighbors are supportive of removing the tree. Regarding the design, Mr. Rados stated the house is rrot any larger than other houses in the neighborhood; the colors, materials and roof style are consistent with the rest of the houses in the neighborhood; noted the variety of styles of homes in the neighborhood. Complied with the requested changes made by the design reviewer. Feels they have shown good faith in trying to please the Burlingame City Council 305 March 5, 2001 ry. -,! Planning Commission. Requested Council to reverse the Planning Commissions denial without prejudice. Council asked if the deed contain a condition that the basement cou( not be used for living purposes, which was agreed to by the applicant. The applicant agreed to go back to architectural review if the windows in the garage would be a big issues. He also stated the feason why he would like a large basement would be for wine storage, air conditioning units, and pool equipment; noted the French doors in the garuge were for aesthetic reasons. There was no further comments from the floor and the public hearing was closed. . Council comments: Councilwoman O'Mahony feels the plans meet all the conditions and noted the project is 1,700 square feet less than what the FAR allows. Councilman Coffey noted that Mr. Rados has property rights, as do the neighbors; he has gone to the effort to contact all the neighbors and all the neighbors support the project, the property rights of all parties involved have been assured. Councilwoman O'Mahony, made a motion to reverse the decision of the Planning Commissions denial for a design review and conditional use permit for a new house at2405 Hillside Drive, with the conditions in the Councii staff report and the added conditions that there be no windows in the basement and that the garage be used for parking only and that the French doors be replaced with double hung windows to match those already shown on the plans; seconded by Councilwoman Janney, approved by voice vote, 4-0-1, Mayor Galligan abstaining. 6. PUBLIC COMMENT Speaking in support of teen center: Grant Gilliam, 2305 Ray Drive, presented petition containing signatures of 577 Burlingame Intermediate School students in support of teen center at Washington Park, expressed desire to serve on teen center committee; Lauren Kucera, resident on Vernon Way; Jonathan Weber, 1429 Benito; Stephanie Woodrow,1360 Drake; Joan Davies,l22 Clarendon Road. Speaking in opposition te or in concern of the teen center project: Dan Anderson,728 Vernon Way, Sam Malouf,Tlz Vernon Way (would like to serve on teen center committee), Russ Cohen, 605 Lexington Way (indicated desire to serve on teen center committee). Dave Luzuriaga,2ll0 Poppy Drive, spoke with regard to Agenda ltemTa, Planning Commission Term Expirations and requested council consider reappointing incumbent commissioners. 7. STAFF REPORTS AND COMMUNICATIONS 7a. COMMISSIONER TERM EXPIRATIONS OLANNING COMMMISSION) City Manager reviewed staff report regarding two Planning Commissioner term expirations. Mayor Galligan expressed a desire to meet with the two incumbent Planning Commissioners Joe Bojues and Jerry Deal prior to reaching a decision on this matter. After some discussion, Council continued this item to their regular meeting of March 19,2001, to allow Mayor Galligan an opportunity to meet with Commissioners Bojues and Deal. 7b. YOUTH CENTER PLANNING APPROACH City Manager reviewed his staff report recommending council appoint a committee of interested citizens to work with representatives of the Parks and Recreation Commission and staff to cooperatively look at the interest and alternatives to provide for the recreational needs of the Burlingame City CouncilMarch 5, 2001 306 community' s teenagg population. Council Discussion: Councilwoman O'Mahony stated she was disappointed at the level of community outreach with regard to this project. Mayor Galligan noted there were at least ten people within the community interested in participating on the committee; did not want to overfill the committee; suggested one representative from each group be appointed to the committee; would like to see recommendation made to the Mayor prior to the regular council meeting of March 19,200I. Vice Mayor Spinelli inquired about the number of committee members appointed to the Broadway Streetscape committee; staff responded that the number was ten to twelve individuals. Councilman Coffey noted that he had publicly campaigned for the teen center; has been very well publicized, not kept a secret; is thrilled to see the interest generated by this project; would like more input to result in a better project. 7c. RESOLUTION 20-2001 - PROPOSED RULES AND REGULATIONS FOR USE OF VILLAGE AND PERSHING PARKS DPR Williams reviewed his department's staff report to council recommending adoption of rules and regulations for the use of Village and Pershing Parks, as proposed by the Parks & Recreation Commission under Municipal Code Section 10.55.030. The proposed policy would limit school group use as an effort to avoid park overuse and crowding. After some council discussion, Vice Mayor Spinelli moved to approve the proposed rules and regulations for use of Village and Pershing Parks. The motion was seconded by Councilwoman O'Mahony, and carried unanimously by voice vote, 5-0. 8. CONSENT CALENDAR a. APPROVAL TO ATTEND A CONFERENCE IN LAS VEGAS, NEYADA, BY VINCE FALZON. ASSISTANT STREET AND SEWER SUPERINTENDENT DPW Bagdon's memo of February 22,2001, recommended council approve the attendance of one staff member at an out-of-state conference. b. RESOLUTION 21.2001 (1) AUTHORIZING CONSTRUCTION AGREEMENT FOR FIBER OPTIC SYSTEM WITH TCI AMERICAN CABLE HOLDINGS AND (2) RESOLUTION 22.2001 AUTHORIZING TRANSFER OF FUNDS FOR $149362 FROM THE UNRESERVED FUND BALANCE TO CAPITAL IMPROVEMENTS FUNDS ACM/ASD Becker's memo of February 23,2001, recommended council approve resolutions (1) authorizing the city manager to sign the construction agreement with TCI American Cable Holdings II, L.P. to install optical fiber cable between city buildings; and (2) authorizing transfer of $149,362 from the unreserved fund balance to capital improvements fund. c. CORPORATION YARD RECONSTRUCTION PROJECT - CP NO. 960r - LEASE OF TEMPORARY QUARTERS, 1322-1326 MARSTEN ROAD Burlingame City Council 307 March 5,2007 DPW Bagdon's memo of February 26,20[l,recommended council grant authority to the city manager to enter into a lease agreement (subject to the city attorney's approval) at 1322-1326 Marsten Road for a temporary site to house the corporation yard during the reconstruction of the existing site. d. REJECT CLAIM OT CAROL SCHELEYTQ CA Anderson's memo of February 26,2001, recommended council reject the claim for personal injury occurring on November 14,1999. e. ADOPT RESOLUTION 23-2001 AMENDING THE LIST OF DESIGNATED EMPLOYEES IN THE CITY'S CONFLICT OF INTEREST CODE TO INCLUDE HUMAN RESOURCES DIRECTOR CA Anderson's memo of February 26,200l,recommended council adopt resolution amending list of designated employee positions required to file Statements of Economic Interests pursuant to the City Conflict of Interest Code to include the Human Resources Director. Vice Mayor Spinelli made a motion to approve the consent calendar; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS Vice Mayor Spinelli attended Airport Roundtable, Lions Club luncheon. Councilwoman Janney attended SamTrans meeting, parcel tax fundraiser, Heart Association fundraiser, Japanese/American Celebration at the San Mateo County Historical Association, aTea Ceremony at Benihana relating to "Remembiance Week" of the Japanese American's intemed in World War II. Councilwoman O'Mahony attended a meeting at the DoubleTree Hotel regarding Measure B, event at Washington Park during past weekend, and open house for Women's Recovery Center. Councilman Coffey reported participating in the phone bank for the parcel tax measure. Mayor Galligan gave a state-of- the-city address at Burlingame Rotary Club meeting, the tea ceremony at Benihana, participated in the parcel tax phone bank, and the welcome ceremony for the city's newly created human resources department. All councilmembers reported attending the joint Planning Commission/City Council meeting on February 24,2001. Vice Mayor Spinelli noted that in the magazine "Location Update" there is an ad for the Northem California Film commission; he noted that the San Mateo County Convention and Visitors Bureau is not a member of this group and would like Councilwoman Janney to bring this issue to the Bureau. Councilwoman O'Mahony asked Director of Parks and Recreation Williams how the questions that were posed at the February l5th Parks and Recreation Commission meeting will be answered. DPR Williams explained that letters were mailed to each of the people attending the meeting explaining the questions were answered but would wait until the completion of this evening's meeting for Council's decision on how to proceed. A packet with the answers to their questions will be mailed tomorrow. March 5, 2001 308 Burlingame City Council 10. OLD BUSINESS c Mayor Galligan referred to an article entitled "Cell Fhone Linked to Fatal Crash"; would like to have a response back from the Chief of Police about how aggressive we can be but interpreting the rules regarding using cell phones in school zones. Councilwoman Janney noted that legislation sent to Sacramento was rejected because of the concem about the enforcement. Lou Papan's office has offered to help if the City would like to pursue this. 11. NEW BUSINESS There was no new business. 12. ACKNOWLEDGEMENTS a.Commission Minutes: Senior, February 15, 2001; Library Board of Trustees, January 16,2001; Planning, February 26, 2001 b. Department Reports: Building, February 2001 Letters from Robert & Leslie Reisfeld, T24Lexington; Alex & Nancy Herrera, 801 Burlingame Avenue; John Benson, l40l Paloma; Sam and Gloria Malouf, Tl2Yernon Way; Thomas Paine, 728 Concord Way; Roberto Guerciolini, 380 Robinwood Lane, Hillsborough; Bruce & Cindy Kaldor, 704 Burlingame Avenue; Gene Bordegaray,1236 Cabrillo Avenue; regarding proposed Youth Center at Washington Park d. Letter from Tommy & Nancy [Iawkins, 1465 Cabrillo, opposing a stop sign at Adeline andCortez e. Letter from Florence Ribero, opposing the closing of the CortezAvenue entrance of Ray Park f. Letter from Kingston and Doreen Lee supporting a stop sign at Adeline and Cortez g. Letter from Ruth Jacobs, 2965 Argttello, regarding lot coverage ordinance h. Letter from Gerald R. Maxwell,877 Hacienda, Millbrae, regarding litter on the Bay Trail i. Letter from Paul Constantino,433 Airport regarding off-street parking j. Letter from Jennifer Cook, 610 Bayswater, regarding safety of Burlingame residents pertaining to vicious dogs k. Letter from David J. Vonderhaar complimenting Public Works employee Jim Brown for his help and quality customer service l. Letter from Daniel Goldin, 900 Larkspur, regarding parking problems m. Letter from Sheila Myers, 1400 Floribunda, regarding proposed Safeway store n. Letter from Redwood City City Manager Ed Everett regarding cooperation and assistance from Burlingame staff Burlingame City Council 309 March 5,2001 Mayor Galligan and Vice Mayor Spinelli discussed their different views regarding Measure B, which was going before the voters the next day. r}, 13. ADJOURNMENT Councilwoman O'Mahony noted the passing of Louis Nannini and Dave Supanich who recently passed away. After a moment of silence, Mayor Galligan adjourned the meeting at 8:50 p.m.?nsal; Ann T. Musso City Clerk March 5,2001 310 Burlingame City Council