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HomeMy WebLinkAboutMin - CC - 1991.06.17229 BURLINGAME, CALIFORNIA June 17, 1991 CALL TO ORDER A duly noticed regular neeting of the Burl.ingame City Council washeld on the above date in the city Hall council Chambers. Theneeting was ca11ed to order at 7:31 p.n. by tlayor Gloria Barton. PLEDGE OF ALLEGT ANCE TO THE FLAG Led by City Attorney Jerry Coleman. ROLL CALL COUNCIL PRESENT: BARTON, HARRISON, COITNCIL ABSENT: PAGLIARO MINUTES LEMBI ,O I MAHONY Minutes of the Regular Meeting of June 3, 1991 and the Study Meeting of June 5, 1991 were approved unanimously on motion of Councilman Harrison second. by Council-nan Lembi after change onpage 2 of Study minutes regarding CounciLnan Harrisonrs review ofcity haII budget, and on page 6 of regular meeting rninutesregarding the check for picnic tabl-e from Omaha Woodmen. PUBLIC HEARING - APPEAL OF NEGATIVE DECI,ARATION, PARKING VARIANCE AND SPECIAL PERMIT FOR HEIGHT FOR NEW RETAIL/OFFICE BUILDING AT ]-214-1230 Bt RLTNGAI,TE AVENUE I L2O9-I2I5 DONNELLY AV ENUE City Planner reviewed her memo of June 6 which recomrnendedcouncil hold a public hearing and take action. Jack and Jim Kemp, architects, and Kuo Yen Chen, Wang Su Chen, Robert Chen andAlice Chen, property o$rners, are proposing to build a new 42,O7O square foot retail and office commercial building to replace thestructure destroyed by the December 25, L99o fire as wel,I as the undamaged structure facing Donnel,ly on this same 1ot. There were 27,775 square feet in the cornbined structures before the fire. The new building excluding the garage will contain 33,370 squarefeet, a 20 percent increase in size. The proposed t\./o storystructure includes a 20 foot sride pedestrian nall between the Burlingarne and Donnelly frontages and a perpendicular naI1 between adjacent public parking lots. The pedestrian mall ispartially covered by a translucent cover which extends five feet above the 35 foot high parapet of the structure, thus requiringthe special permit for height. The proposed project includes an8,700 square foot underground garage for 18 cars (29 parking spaces are required). she explained the zoning code parkingrequirenents for replacing a nonconforming use in the event of acatastrophe, and for voluntarily renovj.ng an undanaged building(the Donnelly site). The Planning Commission denied the parkingvariance, but approved the height permit and negative declarationat its neeting of l,[ay 28 , L991. Itayor Barton opened the public hearing. Jack Kemp, architect representing the orrners, said they have aproject the city would be proud of, everyone is supportive ofthis project, the Chanber, Planning commission all agreed it is agood plan; extremely important that they proceed quickly on thisrequest; they believe no parking variance should be required; heread paragraph 4 of code section regardj,ng Burlingame AvenueCommercial District rules; because of the Commissionts andbusiness district concern about parking, they proposed a new planwith a parking garalre under the entire structure which wouLdincl-ude 50 parking spaces requiring only a two space parkingvariance assuming a 5,OOO square foot restaurant on tle secondfloorr'.they also proposed increasing the second floor area byapproximately 1,5o0 square feet and instead of decl-aring fixed 230 square footage for the uses, they proposed a flexible mix ofretail, office, restaurant and storage varying !,/ith the market demandr' this proposal woutd require 63 parking spaces and withthe 11 space credit fron the catastrophe, actual parking required rrould be 52 spacesi therefore they asked for (1) a variance forparking of tuo spaces, (2) approval of the negative declaration and special pernit for height, (3) pernitting temporary storage use in the garage without a parking allotment reguirement whenthe second floor uses are below maximum parking impact, and (4) afuture use pernit for expanded restaurant use on second floor Donnelly side. He requested council approval and direction. Mayor Barton noted this is a new pIan, not the one reviewed bythe Planning Commission, and council policy has been to send newplans back to the Planning Cornmissj.on, staff has not seen these pl.ans yet; Kenp said this was only redesign of the qarage to meet concerns expressed at the Planning Comrnission hearing, he hoped council could expedite the review processi they hoped to have theproject under construction before the winter. Councilman llarrison wondered if we should hear from others atthis public hearing; Mayor Barton said the public hearing is forthe previous project, not this new project, it would have to be noticed again, she thought it should go back to the Planning Commission; councilman llarrison said this i.s a new council, rnaybe they coufd give Kernp some direction and the project could come back to council; Councj,l,woman OrMahony agreed, staff needs to review these new plans but she gave the architect credit for coming up with a proposal to increase parking; council reviewedtime needed to go through staff review and Planning Commission meetings; Mayor Barton felt strongly that council should not bypass the Planning Commission; City Pl.anner noted it wouldrequire plan check and public notices be sent, could possibly be heard at a JuIy Planning Cornmission rneeting; Kenp said it wasclear fron their previous action that the Planning Commission wanted direction from council on this project; Councilman Lernbi thought the project was on the right track, he would like to see it expedited; Kernp was sure staff would be satisfied with theseplans; Counci.lwoman OtMahony was concerned about another issue,the existing leases on the Donnel1y property; Kemp said they arenegotiating on these leases and felt confident sornething wouLd be worked out, i.n the worst case the project could proceed in twophasesi Councilwonan OtMahony woul-d like to evaluate any proposed phased proj ect. tlayor Barton sympathized with the applicants about the delay onthis project. Councilman Harrison moved to refer this project back to staff and the Planning Cornmission. Seconded by Councilwoman Otllahony, carried 4-0 on roII caLl vote, CouncilmanPagliaro being absent. council-man Lembi commented that he s/ould like to see this project proceed through the system as rapidJ-y as possible. PT]BLIC HEARING TOLEDO REQUEST TO REMOVE TWO MAGNOLIA TREES AT 1707 Park Director reviewed his meno of June 5 t L99L which recommendedcouncil hold a public hearing and take action. In 1984, Mr. andMrs. Miedel requested that two street trees j-n front of their home be inspected for root problems and removed. The inspection showed no sign of damage and the removal was denied. In Deceraber of 1990, the Beautification Cornmission considered a request from Urs, l,liedel to have the two trees removed. The applicant stated by l-etter that the darnage posed rra serious potential hazard.rlStaff recommended denial but suggested that root barriers rnight be appropriate; the commission denied the request and suggestedthe root barriers be placed at the homeownerrs expense. At its March 7, 1991 neeting, the commission considered a request frorn Mrs. Miedel to reconsider its previous decision or to install theroot barriers at city expense. After discussion, the comrnissionreaffirned its previous decision. After the rneeting, the Tree Supervisor and a Publ-ic works inspector met at the home to 23L determine if any other solution night be acceptable. It wasnoted that there was no damage to the sidewalk and only minor damage to the private walk and driveway within the public right-of-way. They suggested the city night place root barriers butMrs. lIiedel preferred to appeal the commission denial to council. tlayor Barton opened the public hearing. The applicant was notpresent and Park Director noted she had also not appeared at the commission meeting. Mayor Barton closed. the public hearing. Councilman Lenbi had visited the site and was hard pressed tofind any damage, if we grant requests like this we would becomerrtreeless city'r instead of Tree City. He moved to uphold theBeautification Comnission decision. seconded and carried unanimously by roII call vote. L99I-92 BUDGET - RESOLUTION 57-91 - ADOPTING OPERATING BUDGET RESOLUTTON 58-91 - ESTABLISHING APPROPRIATION LTMIT counciLwoman otllahony moved to send letters in support andopposition as reconmended by staff. Seconded by CouncilmanHarrison, carried unanimously. CANCELI,ATION OF Y 17 STUDY MEETING City Managerts nemo of June 7 recommended council cancel the rneeting of JuIy 17 because two councit members would be absent.Council rescheduled the Greyhound Bus Station presentation to a City Manager reviewed his neno of ,fune 7 rrhich recommendedcouncil hold a public hearing and adopt the budget andappropriation linit by resolutions. The council reviewed the budget at the June 5 study neeting and determined to allocate $18,000 to conmunity groups. The General Fund total is $18,845,003i Water Enterprise Fund, $2,717,L55i Sevrer Enterprise Fund, $2,983,9O9i and Capital Improvements, $12,350,000; for atotal 1991-92 budget of 136,897,067. llayor Barton opened the public hearing. There being no comments,the hearing was closed. Councilman Lembi moved adoption of RESOLUTION 57-91 Adopting the 199]--92 Budget and RESOLUTION 58-91 Establishing the Appropriation Limit. Seconded by Councilman Harrison, carried 4- 0 by voice vote. AI,IUSEMENT PERMIT RENEWALS city Attorney reviewed his memo of June 5 which recommendedcouncil renew Amusement permits as reconmended by the Po1ice Department; Bobby Ucceers and tlr. Kts for six nonths, the othersfor one year. The Police Department report gave history of aIIthe establishments for the past year and activity has been withintolerable limits except at Bobby Mcceers and Mr. K's which both had a large number of hazardous call-s for service. Councilnan llarrison moved to approve Amusement Permit renewal forsix months for Bobby Mcceers and Mr. Kts; and for one year foraLl other establishnents. Seconded by Councilrnan Lembi, carried unanirnously by vo j-ce vote. PENDING STATE LEGISLATION AFFECTING WATER SUPPLY AND COST Director of Public Works reviewed his rnerno of June 5 hrhich recommended council take a position in opposition to SB 332 and SB 959 and in support of AB 2090. SB 959 (Presley) could be very expensive to the city and all water suppliers; it would levy afee on urban water deliveries. SB 332 (Aya1a) appears to beained at blocking any improvements to the Eetch Hetchy system. AB 2090 (Katz) is desirabLe so that San Francisco can search outadditional ways to purchase lrater to prevent further reductionsin allocations. 232 future meeting. Councilnan Harrison noted an election coning upin November, and because of the irnportance of the Library Expansion study, he recommended continuing that item until afterthe election. Council concurred with cancellation of July 17 meeting and continued the Library Study to a date after election. HERITAGE TREE DRAFT ORDINANCE Park Director reviewed his memo of June 11 which reconmendedcouncil refer draft ordinance to a future study meetinq. Council concurred in scheduling it for the Septenber study neeting and thanked the Beautification Commission for their efforts. DRAFT TRANSPORTATION SYSTEM }IANAGEMENT (TSM) POIJICY city Manager revierred his memo of June 10 which reconrnendedcouncil review the proposed adrninistrative procedure and directstaff to proceed or revise as needed. In accordance with our TsMordinance, all enployers of over 1OO empl-oyees are required to implement a plan to encourage increased use of transportation managenent nethods. A cornrnittee of employees surveyed all city employees and reviewed policies of other cities. They suggest employees be given a choice of two atternatives: (1) employees would be reirnbursed 50 percent of the cost of thej-r transit passnot to exceed $tS per month; or (2) enployees would receive six minutes of additional vacation for each day an alternate means oftransportation is used. The estirnated cost of these al-ternatives would be approxinately $2,000 per year for transit reimbursement, and up to three days per year of time off for an employee $/ho used alternate transportation every day. Councilman Harrison, representative to the county TSM committee,said the City of Belnont has a similar plan; it should be understood that the plan is not a negotiable iten for laborcontracts; lre hope to make an example that private employers inthe city could initate. Council discussed vacation coverage andcost to city; plans for verification of alternative transport-ation usel staff adrninistration. Councit concurred with plan. }O,IISSION CAND Counciluan Harrison said he and Councilman Pagliaro hadinterviewed candidates for the civil service vacancy and they reconmended l,Iichae1 Lennon. Council concurred. Council-man Harrison and }layor Barton had interviewed for theLibrary Board and they recommended reappointrnent of Jane Tayl_or.Council concurred. Councilman Harrison moved to appoint David Few, who wasinterviewed as candidate for the Civil Service Cornrni.ssion vacancy, to be councilts alternate representative to the Airport Land Use Comnission since Chuck Mink is at the end of his tern.Council concurred. Mayor Barton conmented on the highqualifications of the people who were interviewed; she hoped theywould come forward again in the future when vacancies occur on cornrnissions. CONSENT CALENDAR a RESOLUTION 59-91 - APPROVING AGREEI.{ENT FOR MICROFILM SERVICES Public Works memo of June 11 recommended council approve anagreernent for microfilming services by File Trac in the amount of $30,584 for the Building Department address fi1es. b. RESOLUTION 60-91 - APPROVING AGREEMENT FOR LEASE OF 1437 CAROLAN AV FOR CORPORATTON YARD ADDITT ON Public Works nemo of ilune 10 recommended council approve aIease agreenent for property adj oining the corporation yard 233 for a period of ten years with the first right of refusal ifthe owner puts the property up for sale. The lease ca11sfor $4,000 per month palments. RESOLUIPION 61-91 - ACCEPTING COI'{PLETIoN oF STREET PATCHING -cP 923 Public Works memo of June 10 recommended councj-I accept thisproject as completed by Bortolotto and Company in the amountof $344,009.84. d SPECTAL ION FIJNDS FOR FOURTH OF Y CELEBRATION Previously, council- gave Mayor Barton authorization to plan an event for the Fourth of July; costs include music andpromotion flyers and are not to exceed $2,ooo. EXTENSION OF TENTATIVE AND FINAL PARCEL IIIAP AND TENTATIVE CONDO UAP FOR 16 I'NITS AT 14 9 OAK GROVE AVENUE Public Works memo of June 12 recommended council grant a oneyear extension as approved by the Planning Commission. f. WARRANTS AND PAYROLL Finance Director reconmended approval of warrants 15095 -15632, duly audited, in the amount of $1,171,559.82 andPayroll Checks 376A7 - 38442 for the month of I'Iay 1991 inthe arnount of $1-, 063,527 .75. Councilman Harrison noved approval of the Consent calendar. Seconded by councilman Lembi, carried unanimously. COT'NCIL COI,IMITTEE REPORTS ALUC: Councilnan Harrison reported ALUC met recently, its firstneeting in eight rnonths since joining with clcAe. They will bestudying the San carlos and Half ttoon Bay airports, as well as San Francisco. TSU: He said he would report Burlingarnersadoption of a Tslil policy. Chamber: He reported the Chamber nowhas an Office Council, sinilar to its Hotel Council. Councildiscussed these various special interest groups withln the Chamber of Commerce briefly. Karen Key explained the OfficeCouncil would be addressing the high vacancy rate in officebuildings. C/CAG: Councilman l,ernbi said it appeared no council member wouldbe attending the upcoming meeting; it 1s a very importantrneeting. Councilman Pagliaro had sent naterial concerning thebudget for C/CAG. After some discussion, staff said if councilcannot attend, a nember of staff would be there though staffcould not votei council would try to arrange for a member toattend. There was discussion of only councilrnen pagliaro orLernbi being authorized to vote; staff will investigate the c/CAcpolicy on voting. OLD BUSINESS Transportation Study for Convention Center: councilwoman orMahony observed the traffic report was inadequate; it needs tobe expanded. NEW BUSINESS Schedule Appeal Hearings: Mayor Barton set hearing for July 1for an appeal of a hillside construction permit at 1860Capistrano. Applicant for a hillside construction permit at 2845Mariposa has requested hearing be scheduled for the JuLy 15meeting; l,[r. and Mrs. Brattesani, neighbors of that proposedproject, !{ere present and requested that a ful-1, counail- bepresent for the hearingr. It was determined there would not be afu11 council until September. The 2845 Mariposa hearing date was 23 4 continued until the next meeting in order to get input from theappficant. Staff will inform the applicant at 1860 Capistranothat a full council will not be present on July l-, 1991. ACKNOWLEDGEMENTS Cornmission Minutes : Library Board, Ivlay 21 ; Civil Service, May 14; Planning, June 10; Beautification, June 6, 1997. a b c d e Department Reports: 1991. Police, May 1991i Treasurer, May 3l-, Proclamations: Parks and Recreation Month; Honoring Tom Chase on Retirement. Letter to Eagle Scout Albert Tin-Shun Wu. Letter from Joe Karp regarding garbage storage at rear ofstores on Burlingane Avenue. (Another l-etter was received today asking that rent for the encroachrnent pernit be reduced from $2.00 per square foot to $1.00.) Staff reviewed the history of this encroachment permit. Councilman Harrison moved to reduce the rent to $1.00 per squarefoot. Seconded by Councilwoman OrMahony, carried unanimously, f. Letter from CalTrain Advisory Conmittee requesting councilsupport funding to purchase tracks. Council discussion ensuedi Senator Kopp saytoo nuch i think the price should be negotiain writing letters as requested. s!, ted e would be paying ,' council concurred s h Letter from Steven Zlatunich regarding landscape waterallocations. Letter from Jack and Marilyn Losee requestingr to speak tocouncil about water afLocations. FROM THE FLOOR Jack and Marilyn Losee, 1412 MilLs, objected to losing the 13,000gallons of water they had banked prior to June 1991. They didnot understand why single farnily hornes and duplexes wereallocated differently than apartments and other buildings; thoseproperties were only reduced 25 percent, whil-e the Loseers must make do with 50 extra gallons for a 9,ooo square foot lot; SanFrancisco onl,y cut back 25 percent; San Francisco says thereservoirs are fulI; they objected strongly. Council and staffexplained the rationale for the per capita al-locations for singlefamily homesl the reason banking was cut backl council members sympathized and noted they are losing lawns and shrubs a1sol everyone is suffering because of the serious drought. ADJOURNMENT The meeting was regularly adjourned at 9:15 p.n. Judith A. Malfatcity Clerk