HomeMy WebLinkAboutMin - CC - 2003.03.18BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of March 18,2003
I. 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. IUayor Mike Coffey called the meeting to order at 7:00 p.m.
PLEDGE OF ALLE CE TO THE FLAG
Led by Ed Larios.
3. ROLL CALL
)
MEMBERS PRESENT:
MEMBERS ABSENT:
Baylock, Coffey, Galligan, Janney, O'Mahony
None
5.
a.
b
4. MINUTES
Councilwoman Janney made a motion to approve the minutes of the March 3,2003 Council meeting;
seconded by Vice Mayor O'Mahony, approved unanimously by voice vote, 5-0.
PRESENTATION
Christine Maley-Gruble, Peninsula Traffic Congestion Relief Alliance, made a presentation to
Council regarding the status of the "Alliance".
Jesus Nava, Finance Director, presented Council with the "California Society of Municipal Finance
Officers" award for outstanding financial reporting for FY 2001102 Comprehensive Annual Financial
Report.
6. PUBLIC HEARINGS
a.APPEAL OF PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW. FRONT
AND SIDE SETBACK VARIANCES. SPECIAL PERMIT FOR ATTACHED GARAGtr] AND
CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE FOR A NEW SINGLE
FAMILY DWELLING AT 344 PEPPER AVENUE. ZONED R.l
CP Monroe presented her staff report dated March 18, 2003 including the recommendations and findings of
the Planning Commissions action and requesting Council hold a public hearing and take action on the appeal
of the Planning Commission's approval of a design review, front and side setback variances, special permit
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Burlingame Citl,Council March 18, 2003
Approved Minutes
for attached garuge and conditional use pennit for an accessory structure for a new single farnily dwelling at
344Pepper Avenue. Council asked if when the present structures on the site are removed, would the old lot
lines emerge and create two or more useable lots; CP Momoe noted that this appeared to be true and that if
the Council were to act in the affirmative on the application, a condition should be added which requires the
merging of the lot lines prior to issuance of a demolition permit.
Mayor Coffey opened the public hearing. Mark Brant, 351, 9th Street, Suite 201, San Francisco, architect,
represented the project. Also speaking at the hearing were Michael Liberty, 1290 Howard, Suite 327,
attorney; Alexis Danielson, 340 Pepper Avenue; Frank Candler, 20 Stanley Road; Mr. Timberlake, 401
Chapin Lane; Kate Timberlake, 401 Chapin Lane; Robert Howell, 1117 Bernal Avenue; Tim Shipper, 1540
Vancouver Avenue; Will McGowan,3'7 Lorton Avenue; Ed Bamard, 124 Costa Rica; Marie Woods, 2304
Hale Drive. The applicant's architect presented the project, noting the changes that had been made during
the review process and requested that the conditions be amended to allow them not to install the English
Laurel hedge along the top of the bank between the creek and thc swimming pool, and that rather the
neighbors add to the vegetation along their property line. Attomey representing the neighbor at 340 Pepper
presented a revised horizontal footprint and location for sitting a house on the lot at 344 Pepper, which also
moved the swimming pool away from the creek to the other side of the lot; he expressed concern about the
number of exceptions to the code required by the proposed project and the impact of the development on the
creek, particularly caused by the excavation for the swimming pool, loss of existing large mature trees on the
site, impact of the chimney on the oak tree, and small setback along the side property line on the side away
fiom the creek.
Members of the public commented: concemed about the presewation of the large oak and cedar; exceptions
to the code not granted for other recent development on Pepper; proposed design is not site specific, but a
house which could be built anywhere; applicant is requesting too many exceptions to the code, will damage
the community; creek side lot, development will damage the habitat; pool is not appropriate as proposed, will
damage the tree roots and stress the trees, they will die - not imrnediately but eventually; the pool is not
necessary; house set too close to the street and side, no privacy provided; trees were there when purchased,
should work around; understand the need for the front setback variance because of the location of the creek;
pool seems to be in the drip line of the cedar and oak trees, that may damage the root structure; seven inch
side setback by garage does not leave enough space to get by to maintain side yard, looks as if the design
drove the side setback distance; concerned about lack interest shown in protecting the heritage trees on the
site; wants to build dream house, bought property in October intending to build only a single house with
swimming pool. Architect responded that the pool is in the side yard, not front yard,14 mature trees are
being removed but adding a lot more to the site; have had civil, soils and city engineer working on creek
bank protection; the planning commission reviewed the project three times. There were no further comments
from the floor and the public hearing was closed.
Councilman Galligan noted all council members have visited the site; the house at34O Pepper received a
variance for floor area ratio, 51% instead of 48o/o, the action was not appealed; in developing the house,
removed more trees than the applicant at 344 Pepper is requesting to remove; appears that the persons
appealing were granted some of the things being requested in this project; there is a20' tall vegetation screen
along the entry to the property at 340 Pepper on the south side of the creek, could not see into the property at
344 Pepper from 340 Pepper except from a second floor balcony, believe that the condition regarding the
English Laurel hedge maintained at nine feet or more should be removed, screening is not necessary; the
variance was granted to 340 Pepper in part because of the beauty of the design of the house, in spite of
removal of 10 birch trees, two acacia trees and t'wo privet trees; so move to support the Planning
Commissions action with the added condition that a lot merger be completed before issuance of a demolition
permit and that the condition requiring the planting of a hedge/English Laurel along the north side of the
Burlingame city council 587
Approved Minutes March l8' 2003
creek bank which is maintained at nine feet or more is removed, by resolution with the remaining conditions
as recommended by the Planning Commission. The motion was seconded by Councilwoman O'Mahony.
Comment on the motion: strong concern about excavation for the pool within the drip lines of these large
trees, particularly the Oak, does not have a right to a pool if there will be erosion later; chimney under the
canopy of the trees is also a problem; there is more than one option on how to develop this lot, some others
might better consider the importance of the trees to the neighbors. Commend the Planning Commission for
their good research and findings, documentation about the trees by the arborist reviewed by the City Arborist
covers the protection issue; people trying to design the house for the owner, he has a right to design his own
house; people's property rights and the design review process should be respected, respect the Planning
Commission and incorporate their reports and findings; during the review process experts were hired and
their work reviewed to address the issues raised by the city, the Planning Commission and the Danielsons,
the conclusions were all positive with the mitigations included in the commission action; commission spent
10 hours of public meeting time taking input, reviewing and concluding with findings, up hold their findings
and their action. Would like spark arresters added, and not a gas fire place.
Mayor Coffey called for a voice vote on the motion to approve with amended conditions. The motion passed
on a 4-l (Councilwoman Baylock dissenting) voice vote.
b. ADOPT ORDINANCE #1703 ESTABLISHING A FEE FOR PROCESSING NOMINATION
PAPERS FOR CITY OFFICES PURSUANT TO ELECTIONS CODE SECTION 10228
.i'
CA Anderson recommended Council hold a public hearing and adopt the Ordinance #1703 establishing a
$25.00 filing fee for processing of nomination papers for elective city offices pursuant to Elections Code
Section 10228.
Mayor Coffey opened the public hearing. There were no comments from the floor and the hearing was
closed.
Councilwoman Janney made a motion to adopt Ordinance #1703 establishing a $25.00 filing fee for
processing of nomination papers for elective city offices pursuant to Elections Code Section 10228;
seconded by Vice Mayor O'Mahony, approved unanimously by voice vote, 5-0.
Mayor Coffey directed the City Clerk publish the Ordinance within 15 days of adoption.
c.ADOPTION O RESOLUTION #31-2003 OVING A MASTER FEE DULE FOR
CITY SERVICES
CA Anderson requested council adopt Resolution #31-2003 approving a master fee schedule for City
services.
Councilman Galligan made a rnotion to adopt Resolution #31-2003 approving a master fee schedule for city
services; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0.
7 PUBLIC CO MMENTS
There were no public comments.
Burlingame City Council
Approved Minutes
588
March 18,2003
8.
a.
STAFF REPORTS
INTRODUCE ORDINANCE TO INCREASE OVERNIGHT PARKING PERMIT FEE
FROM FOUR DOLLARS PER YEAR TO THIRD DOLLARS PER YEAR AND
ELIMINATING HALF.YEAR OPTIONS
CA Anderson requested Council introduce an Ordinance to increase overnight parking permit fee from four
dollars per year to thirty dollars per year and eliminating half-year options.
Mayor Coffey requested this item be referred to the Traffic, Safety and Parking Commission for further
research and recommendation to the Council.
b.RECOMMENDATION TO EXERCISE Y TERMINATION CLAUSE ON TEEN
9.
a.
CENTER
P&RD Schwartz recommended that Council exercise the lease agreement's early termination clause for the
property located at783 California Drive.
Kirk Heathcote, Parks & Recreation Commission, read a letter to Council regarding the future of the teen
center.
Councilman Galligan made a motion to exercise the lease agreement's early termination clause for the
property located at783 California Drive; seconded by Councilwoman Baylock, approved unanimously by
voice vote, 5-0.
CONSENT CALENDAR
RESOLUTION #29.2003 ORDERING AND CALLING A GENERAL MUNICIPAL
ELETION TO BE HE NOVEMBER 4, 2OO3
CC Musso requested Council approve Resolution #29-2003 ordering and calling a general municipal election
to be held November 4,2003.
b.APPROVAL OF RESOLUTION #30.2003 AUTI{ORIZING CONTINUED PARTICIPATION
IN THE CITY/COUNTY ASSOCIATION OF GOVERI\MENTS OF SAN MATEO COUNTY
(C/CAG) AND APPROVAL OF JOINT POWERS AGREEMENT
DPW Bagdon recommended Council approve Resolution #30-2003 authorizing continued participation in
the City/County Association of Governments of San Mateo County (C/CAG) and approve the Joint Powers
Agreement.
ADOPT RESOLUTION # 32.2003 ESTABLISHING INTERIM POLICY REGARDING
ASSESSMENT ABATEMENTS DUE TO CONSTRUCTION OR DISASTER IN THE SAN
MATEO COT TOURISM BUSINESS IMPROVE NT DISTRICT
CA Anderson requested Council adopt Resolution #32-2003 establishing an interim policy regarding
assessment abatements due to construction or disaster in the San Mateo County Tourism Business
Improvement District.
Burl ingame City Council
Approved Minutes
c.
March 18, 2003
589
d.ADOPT RESOLUTION #33.2003 ESTABLISHING REVISED PROCEDURES FOR
APPOINTMENTS TO CITY COMMISSIONS AND BOARDS
CA Anderson requested Council adopt Resolution #33-2003 establishing revised procedures for
appointments to City commissions and boards.
e. WARRANTS AND PAYROLL
Finance Director Nava requested approval for payment of Warrants #87641-88113 duly audited, in the
amount of $2,022,366.59, Payroll checks #152860-153238 in the amount of $1,706,711.56, and EFT's in the
amount of $476,049.64 for the month of February,2003.
Councilwoman Janney made a motion to approve the consent calendar; seconded by Councilman Galligan,
approved unanimously by voice vote, 5-0.
10. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings they each attended on behalf of the City.
1I. OLD BUSINESS
Active Old Business:
. Consideration of leasing Greyhound Building (in progress)
. Sewer Education Brochure (on order)
o Newspaper racks on Broadway (review in progress)
. Shared police services (under consideration)
12. NEW BUSINESS
There was no new business.
13. ACKNOWL DGMENTS
a.Commission Minutes: Library Board of Trustees, January 13 & February 4,2003; Planning, March 10,
2003
b. Department Reports: Building, February, 2003; Finance, 2003
c. Letter from Comcast regarding cable programming adjustments
d. Four (4) emails from residents regarding Safeway project
14. ADJOURNMENT
Burlingame City Council
Approved Minutes
590
March 18, 2003
Mayor Coffey adjourned the meeting at 8:57 p.m. in honor of Marcelle Yernazza's 94th birthday.
Respectfully submitted,
Ann T. Musso
City Clerk
Burlingame City Council
Approved Minutes
591
March 18, 2003