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HomeMy WebLinkAboutMin - CC - 1992.11.1647 1 BURLINGE}TE, CAIJTTORNIA Novenber L6, 1,992 CALL TO ORDER A duly noticed regular neeting of the Burlingane City Council lrasheld on the above date in the City Ha11 Council Charnbers. Themeeting was ca11ed to order at 7:33 p.m. by Mayor Frank pagliaro. PLEDGE O F ALLEGIANCE TO THE FLAG Pledge was 1ed by John Hughes. ROLL CALL COI,NCIL PRESENT: HARRTSON, KNIGHT, LEMBI, o'uAHoNY, PAGLTARo COI,NCIL ABSENT: NONE I'{INUTES The minutes of the Regular Meeting of November 2, lgg2 werechanged on page 4 to shotr, Councilwoman OtMahony represented thecity at an SB 5 Consortiurn meeting hetd in San Mateo County, themeeting headquarters was at the crowne plaza Hotel; the minuteswere approved unanirnously on rnotion of Councilwonan OrMahony, seconded by councilman Harr j.son. REORGANIZATTON OF CITY COUNCIL OFFTCERS neeting over to Vice Mayor Harrison. Vice Mayor Harrison saideach Mayor is presented with a gavel in honor of the past year;he presented the Mayor with a very tiny gavel which got a laughfrom everyonei more seriously he then presented Mayor pagliaro nrith.a plaque with fulL size gavel engiaved with the yeai ofservice as Mayor for the second time; since the Mayor alwayscarries a coffee nug with hirn, he also presented the Mayor lrith alarge coffee mug with a caricature and rMayor Frankr carved intoit. CounciL menbers expressed their appreciation to Mayor Pag I iaro . Mayor Pagliaro said this is the time for council to choose a newMayor and Vice Mayor for the corning yeari he reviewed the pastyearrs activities - a rebuilt fire station, bus station remodelproject and the usual street, sidewalk and curb repairs and treetrinning, the future hrill see the council review of our snokingordinance, he nentioned the City of San Mateo will also bereviewing regulation of smoking, with an eye toward smoke freerestaurants and work places; he noted the dedication of thecouncil mernbers and all the cornmittee and organization meetingsthey attend for the city; he said the council members are atlfriends and three of these friends are corning up for electionnext year and he would support their re-election. He turned the Vice Mayor Harrison invited noninations for Mayor. CouncilwornanorMahony noninated Vice Mayor Harrison. Councilman Lernbi movednoninations be closed. Vice Mayor Harrison was unanirnouslyapproved as Mayor. Mayor Harrison invited norninations for ViceMayor, councilrnan Lenbi norninated councilwonan orMahony as ViceMayor. Vice Mayor OtMahony was unanj,mously approved. Vice_Mayor O'Mahony thanked council for its support; she $roul-dcontinue to work for airport expansion mitigation, especiallybackblast relief; she recognized many friends in ttre iudience. ced his farnily and friends in the audience;ear, the city is looking at retrofittingg the dump, selling the Rhinette Lot and1ot for Broadway; with the State cut iny finances will be changing, in previousit went; he looked toward a yeai ofe in 1,993. He invited everyone to a Mayor Harrison introdu 1993 would be a busy ythe library and closinbuilding a new parkingproperty taxes the cityears the city paid ascooperation and servic 472 celebration in the lobby and recessed the meeting at 8:00 p.m. The roeeting reconvened at 8:30 p.rn. with all members present. PUBLIC HEARING - NEGATIVE DECLARATION, TWO PARKTNG VARTANCES AND A SPECIAL PERMTT FOR HEIGHT FOR NEW RETAIL/OFFICE WAS WITHDRAWN - NEGAT]VE DECI,ARATTON AND SPECIAL PERMIT FOR HEIGHT FOR NEW RETAIL/HOTEL BUTLpTNG AT 1100 HOWARp - RESOLUTION 97-92 - APPROV- ING SAIiIE city Planner revie$red her memo of November 5 which recornmended council hold a public hearing and take action. Joe Karp has presented a request for two parking variances and a specialpernit for height in order to build a retail office building in the c-1 zone of Burlingarne Avenue Commercial Area, Sub Area B. The proposal is for first fLoor retail and second fl,oor office and a third floor tower which could be used for storage. Thetotal height of the building to the top of the tohrer/cupola would be 38 feet (35 feet permitted). There would be 14 parking spaces on site. The present code requires 41 spaces however, since the proposed use j.s an intensification from an existing bufk rnerchan-dising use the applicant need only provide parking for the difference in use, or 20 spaces. He is providing 14 spaces onsite, therefore he needs a variance for six spaces; four spacesare compact where code al]ows one compact space for fewer than 20 spaces. Staff reconmended 13 conditions for approval and noted the site developnent includes acquiring an addj,tional easement fron the neighboring property in order to provide some of the necessary parking for this project; one parking space on this easement area nust be kept free for access to the neighboringproperty. Karp requested he be allowed to build the project in phases . Council had questions on the number of parking spaces and the easementl the plans show different ceiling construction ondifferent fJ.oors, why does the first floor have 14 foot ceilings; hrhat kinds of retail are alLov/ed in this zonel possibility of decreasing width of parking spaces to get rnore parking; condition about trap in drain to catch gas and oil; the trap is to neet upcoming requirements for NPDES. Mayor Harrison opened the public hearing. Joe Karp, 1209 Burlingame Avenue, explained the easement is a mutual agreement that Karp can use the neighborts property forparking and the neighbor can use Karprs driveway to access theside entrance of his property; the agreement requires that oneparking space be left open to access the neighborrs side door inthe easement. He objected to: a condition requiring the retail.only be open six days a week, this project is not yet built and he is not sure what retail wj.11 go in the site, a conditionrequiring he rneet UBC and UFC codes, and another stating theproject be sprinklered !'rhen the UFc already requires it besprinklered; he Iearned the condition about a gas and oil trap indrain is not legally required, it is sonething the city islooking into requiring in the future; he objected to requiring anair quality perniti the cupola is not meant for storage, there would be nothing eLse hj"gher than 10 feet on the roof. He has a 20 parking space credit, he learned of this credit during a deposition with staff, l-earned the city has a policy of grantingt these credits; since he has the credit he does not need a parkingt variance for the retail/hoteI project he wished to build so he withdrew the project presented and said he $/ould build the saneproject with different uses to have a residential hotel on second floor and retail on first floor similar to the plan originally approved by council in the settlement agreement, there vrould be 10 studio apartments and one one-bedroorn apartment on the second f loorr' the project would have the same footprint as the plan before council tonight; the city could use these units as afford- able housingr' he apologized for the change but because he has a 20 parking space credit he does not need a parking variance. Ile srould l-ike to keep the cupola so he just needs a special pernit for height. 473 Council discussed the 20 space parking credit. Staff respondedto council that up until the tirne of the deposition the applicant had maintained the property was to be considered a vacant lot.Karp said both he and the city have incurred expenses on thislitigation and he hoped the city rvould not invite nore litiga-tion; he said it was not in writing the property was vacant. fthas been a car sales lot since L940; he had a tenant renting thesite. Karp confirrTred the project would be same appearance as theplans before councj.l except that the second floor wouLd beresidential hotel instead of offices; he shohred a proposed fLoorpLan for the second floor residential" units. Ray Bitter, Mi11brae, asked if this building would have anelevator and be accessible to handicapped. Staff said it wou1d. Mayor Harrison closed the public hearing. CounciLnan Lembj. recalled the first revj-ew of Karprs project andthat council decided the cupola would be aestheticaLly pleasingfor the area, repeating the style of the train station nearby; he moved to approve the special permit for height, and the negativedeclaration. Seconded by Councilhroman OtMahony. CouncitmanPagliaro was surprj.sed about giving parking credits, there is no 1aw that council must give credits. The notion carried unani-nously 5-0 on ro11 call vote. PUBLTC HEARING A}.,IUS EMENT PERMIT FOR BOXTNG TCH AT MARRTOTT HOTEL, 18OO BAYSHORE City Attorney reviewed his memo of November 6 which reconmendedcouncil hold a public hearing and take action. Joe cagliardi and Garden City Boxing/JJ Sports are requesting an amusement perrnitfor a live boxing match at the Marriott Hotel on Sunday, November22, ]-992 fron 6:00 to 10:00 p.m. The event would take place inthe grand ballroom vJhich would be set up with theater seating;they anticipate about 1,000 occupants. The Police Departnent had some concerns about security which have been addressed to theirsatisfaction. The Planning Department has concerns about park-inq; the applicant has arranged for use of Dorors parking lot foroverflow parking. Attorney said neighboring property owners have been notified of this hearing. Councilman Pagliaro had some concern about the maxinun floor loadof this event in the grand baI1roon, and about parkingi staffsaid the balLroorn was built for theater seating such as this, thehotel has 709 parking spaces, sone in basement valet parking forwhich they charge a fee, Dorots has about 75 spaces, the event isestinated to generate 100 to 2oo cars over e/hat the hotel rnightbe able to provide on site. Mayor Harrison opened the publ-ic hearing. Sa1 Colucci, representing JJ Sports, said they had not been awareof the need for an amusement pernit, the hotel did not inform them of this requirenent; he has spoken to Joseph ce1ler hrho o$rnsproperty across from Marriott and complained in the past aboutparking problems, cellerts property will be protected fromparking overflows; he said many patrons will be rneeting beforethe event at the Royal Athletic Club in Burlingame and carpool tothe event; there are no other events at the hotel that niqht and Sunday night at this season is a light business night at thehote1. Council asked about advertising at the Roya1 AthleticClub and the carpools, asked if applicant had considered using ashuttle bus to Dorors. Staff said hotels woul.d be inforned about need for anusement pernits for events such as this. Joe Gagliardi, applicant, said he had other boxing rnatches atMarriotts in other cities; event is scheduled for a night of 1owoccupancy at hotel; this would be a good event and there would belots of security. Ron Karp, resident and businessman in the bay front area, sup-ported the application; good event for city. Joe Tanzi, residentand menber of Royal Athletic C1ub, looked forward to this event. Mayor Harrison closed the public hearing. councilman Lernbi moved approval of the anusement permit. second- ed by council!'/oman orMahony, carried unanirnously. llayor Ilarrison calLed for a recess at 9:45 p.n. The neeting reconvened at 9:5o p.m. with al,I present. PUBLIC CO}I}{ENTS Airport Expansion: John DeMarco, 1805 castenada, said he appreci- ated the airport and the jobs it creates in the area, but he objected to exposure to noise and air pollution caused by air- planes !,/hich srould i,ncrease with expansion. He was concernedthat persons voting at c/cAG are removed frorn this area and not aware of our concerns and they are rnaking inportant decisions regarding our health. He hoped council continued to vote against the MOU until there are effective mitigation. He distributed copies of a letter from senator Kopp regarding the airport. Susan Johnson, 408 Concord, wrote a Letter to council and read it into the record; she had great concerns about air quality impacts and how they $rere addressed in the EIR and Airport Master Plan. Todd Robinette, 415 concord, asked council to ask the San tlateo county Departnent of Public Health about the status and resultsof a study on the effects of kerosene fumes fron the airport on residents. BEAUTIFTCATION CO}4MI SSTON APPOTNTMENT city Manager reviewed his meno of November 3 which reconmended council make another appointrnent because Comrnissioner Mary sjostron moved from Burlingane leaving one vacant position, her term would expire october 1993. Councilwornan o'Mahony nominated Jeannie cilmore-Friend to fill only the unexpired term. Councilwonan Knight nominated Greg Tancer. A ro11 call vote resulted in Jeannie Gilrnore-Friend receiving four votes and being appointed to fill the unexpiredtern to october 1993. SELECTION OF REALTOR TO ELL RHINETTE PARKING LOT city Manager revi.ewed his neno of Novenber 12 $/ith attached proposals fron five firns. councilnan Lembi said he was ac- quainted $rith alt the people naking proposals; he said he would have a conflict of interest r{rith Fox & Carskadon; his inclination was to grant the contract to a firm within the city; Town & country/Park Road Realtors are farniliar with the area and he would favor that group; he $/ou1d like to have a clear agreement about marketing plans and a release clause if the city were notsatisfied with the realtors. councilman Pagliaro asked why this group did not respond to a request for proposal until, after the deadline; Councilman Lembi said they felt the cj.ty was lookingfor a large firrn to market the site. councj.Irnan Lembi moved toselect Town & country/Park Road Real"tors to sell the Rhinette1ot, that they submit an advertising/rnarketing plan and there be a release clause, cornrnission shall be 6 percent. seconded by Councj.lwoman o'Mahony. Councilwoman Knight said the deadline for submitting proposals was not net by this group, their proposal was not conplete and other proposals are from focal firns a1so. The notion carried 4-1 on ro11 caII vote, Councilwoman Knight voting no. CONSENT CALENDAR Regarding rrarr Council$/oman orMahony noted a cost overrun; staff explained that the per unit bid was low on this project and sufficient funds hrere availabl-e so that staff increased the size of thd project. to repair rnore streets, in the future staff will clarify the situation in the staff report. councilman Pagliaro asked about an item under warrants and councilwoman Knight was pleased to finally see a bus shelter being built at EI Camino and Trousdal,e. 474 475 a RE SOLUTTON 98-9 2 ACCEPTT NG COMPLETTON OF S NNT RE SI'RF A c- ING - CP 9121 Public lrorks nemo of Novenber 3 recommended council accept this project as completed by Bortolotto & Company in the amount of 1346,404. The project was awarded in the amount of $281,676 but a few nore streets were added to the dig-out repair 1ist. RESOLUTION 99-92 - AUTHORIZING AGREEMENT WTTH SAIIITRANS FOR BUS SHELTER ON EL CA]IIINO AT TROUSDALE DRIVE Public works memo of November 6 recornmended council approve a license agreenent r,rith santrans for construction of a bus shelter on city property. No city costs are involved. c RESOLUTION 10O-92 - AUTHORIZI G JOTNT APPLICATION MI'NICI - d PAL STORM WATER NPDES PERI"ITT Pub1ic works memo of Novenber 12 recommended council approve a resolutj-on to verify that Burlingarne is taking part in ajoint perrnit application being filed on behaLf of all locaLjurisdictions in san Mateo county for discharginq stormwater. The RwQcB considers storn water runoff to be asignificant source of pollutants to the Bay; it requires each jurisdiction to acquire a permit for dj,scharging storravrater. Burlingamers proportional- share of costs is $1,0,345. LISHTNG FEE FOR D CHANGES Public works nemo of November 10 recomnended council approve a new policy establishing a $200 fee for address changes hrhere no construction necessitates a change; where construc-tion does require a change j.n address numbers, there srould continue to be no charge. e WARRANTS AND PAYROLL Finance Director recommended approval of warrants 23561 -23993, duly audited, in the amount of $1,9L4,476.31 andPayroll Checks 5LO47 - 51791 for the nonth of october 1992in the amount of $1,L67,706.26. councileroman otMahony moved approval of the consent calendar. seconded by councilnan Lenbi, carried unaninously. COUNCTL COMMITTEE REPORTS Airport: Councilman Pagliaro reviewed Airport Commissioner Murphy. He hoped over to the next rneeting. Millbrae is litigation. Councilwornan otMahony had is addressing backblast and will empl-oyblast and also to look at air quality, fron a bike rider who sent mud flats; he knew of a hiStaff noted this is BCDC j will be notified; staff widebris on bay front. letter received fron cAG wouLd put any votelking about possible arned that the airport eople to neasure back-ts a good sign. tures of garbage and debris on thechool class willing to clean it up.diction and they and the businesses eview city policy about cleanup of a c/ ta 1e pir Legislative Breakfast: Councilwoman Knight asked e/hich council nernbers wouLd attend this event on Saturday. OI,D BUSINESS Debris on Bikepath: Councilman Pagliaro received another letterpic thsuris 11 r NEW BUSINESS Schedule Appeal Hearing: Mayor Harrison set an appeal hearing December 7 for 850 Wa1nut Avenue. b. 476 Millbrae: City Manager said Millbrae would Like to meet with oneor two council rnembers on Thursday. Councilnan pagliaro said hewould attend. Councilwornan Knight learned fron the Historical Society theBurlingane Avenue Train Station would be 1OO years old in October L994. a b c ACKNOWLEDGEMENTS Commission Minutes: Novenber 9, ]-992. CiviI Service, October 13; Planning, Departnent Reports: Police, October 1992; Treasurer, Octo-ber 3L, L992. Proclanations: Honor Veterans Month, Novernber r. National Family Week, Novenber 23-29i Honoring Redwood City Council- man Bob Bury; Honoring San l,lateo County Supervisor BiIl Schumacher . d f e. Memo fron TSM Authority asking for cornments regarding the BAAOMD employer based trip reduction proposal. Letter frorn residents on oak Grove regarding Eucalyptustrees and response fron staff. Letter frorn Airport Conmission urginq council accept I"IoU. l- Mayor Harrison noted council would not vote until there is moreclarification. councilwoman O'Mahony said if a city does notsign the MOU that city could not receive funds for noise insula-tion. g. Letters from clenn Mendelson and Todd Robinette regardingairport expansion. Itlayor Harrison asked staff inquire about effect of kerosene funes on residents. There was discussion of various jurisdictions forair guality. h. Letter fron J&B Enterprises regarding Broadway BID. Mayor Harrison referred this letter to the BID board and askedthe Finance Director check into fate charges. Letter from NeiI Franzraich requesting council requlate foud music at certain events. j. Meno from city clerk regarding 1993 council calendar. Council approved changing the Monday, April 5, 1993 meetinq to wednesday, April 7, 1993 because Passover begins on April 5. k. Letter frorn Belrnont council nember regarding LAFCo. CounciL agreed that Mayor Orton of Belrnont should abstain from vote at LAFco regarding the Harbor. ADJOI'RNMENT IN MEMORY OF CHARLES MORAN At 10:55 p.n. Mayor Harrison adjourned the rneeting in rnemory of Reserve Police officer Don Moranrs son charles. Judith A. MaLfattcity clerk