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HomeMy WebLinkAboutMin - CC - 1994.01.1979 BI,JRLINGAME, CALIT'ORNIA January L9,1994 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Ha|l Council Chambers. The meeting was called to order at7:30 p.m.by Mayor O'Mahony PLEDGE OF ALLEGIANCE TO THE FLAG l,ed by City Attorney Jerry Coleman. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: KNIGHT, O'MAHONY, PAGLIARO, SPINELLI HARRISON MINUTES The minutes of the Regular Meeting of January 3, 1994 were approved after a change on the last page to show that "Councilman Harrison moved to uphold the Beautification Commission decision. Seconded by Councilman Pagliaro and carried 4-L, Councilwoman Knight voting no. " The mayor announced representatives from Haag & Haag could not be present tonight; presentation of a commendation was put off to the next meeting. PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT AMENDMENT AND PARKING VARIANCE TO EXPAND A RESTAURANT AT 224 PRIMROSE - DENIED City Planner reviewed her memo of January 10 which recommended council hold a public hearing and take action. Evangelos Dokos is requesting a special permit amendment and parking variance to expand the existing Primrose Restaurant at224 Primrose. He is proposing to convert the existing 683 SF second floor mezzanine from storage to restaurant seating area. Presently there are 30 seats on the ground floor; he proposes to add 5 seats on the first floor and 24 seats on the mezzanine. TogethJr the remodel would double the amount of seating in the restaurant to 60 seats. No parking is required for first floor retail, including restaurants, in the Sub-Area A of Burlingame Avenue Commercial Area. But parking is required for all new or changed uses above the first floor. This remodel would require three on-site parking spaces. The applicant proposed a parking area at the rear of the buitding but the proposed parking space dimensions do not meet code requirements, so they cannot be counted. The Planning Commission denied this request at its December 13 meeting. Councilwoman Knight recalled when this former liquor store became a restaurant. City Planner reviewed the limitation on number of eating establishments in the area and how this business had exchanged the eating establishment right with the House of Bagels which had eliminated its seating. Mayor O'Mahony opened the public hearing. Jim Verreos, representing the applicant because of his difficulty with the English language, said Dokos is making every effort to comply with laws, willing to make considerable investment in enlarging his business and opening a rear exit and stairs to the BO mezzarir;re area; the property owner will stripe the parking lot; he presented a new plan for two new parking spaces to required dimension; he had measured parking spaces on street and in city parking lots and none of the spaces are the required dimension; the first parking plan seemed adequate but he was willing to stripe for two legal sized spaces. Council discussed parking plans, had difficulty reading plans but they were clarified for council. The hearing was closed. Councilwoman Knight commented that a condition for the restaurant approval in December 1992 was that the mezzanine would never be used for restaurant seating; she could not approve this request. Council members agreed. Councilwoman Knight moved to uphold the Planning Commis- sion denial. Seconded by Councilman Spinelli, carried unanimously 4-0 on roll call vote, Council- man Harrison being absent. PUBLIC HEARING - APPEAL FOR CONDITIONAL USE PERMIT FOR REAL ESTATE USE AT 330 PRIMROSE. SUITE 606 - APPROVED City Planner reviewed her memo of January ll, 1994 which recommended council hold a public hearing and take action. Carson English of Carrick & English is requesting a conditional use permit to put a property management company (real estate use) on the sixth floor of the building at 330 Primrose. Carrick and English has a separate real estate office at 360 Primrose. The proposed business would occupy 1265 SF and would be open Monday through Friday with a maximum of five employees. Parking for this building is nonconforming but since it was built as an office and the proposed use is office use, no additional parking is required for this application. The Planning Commission denied without prejudice and directed the applicant to provide clear floor plans and other uses for the sixth floor. Council wondered why the applicant appealed to council when the project was denied without prejudice and could go back to the commission. Councilman Pagliaro asked about the proposed space occupied by this business and the sketch provided by the applicant. Mayor O'Mahony opened the public hearing. The applicant apologized for the sketch but said the property owner had not been cooperative in providing plans and he would have had to hire an architect to draw the floor plan; he explained the drawing of the floor plan; said one parking space in the garage is assigned for the unit; the reason this office is separated from their real estate office is that this office is proposed only for the property management division of their company; he explained types of property they manage. The hearing was closed. Councilman Pagliaro said the proposed use would not increase parking, not a retail use; he moved approval of the request with conditions listed in staff report. Seconded by Councilwoman Knight who commented on the uncooperative nature of the property owner. The applicant noted that he had provided the Planning Department with a list of all the tenants in the building. The motion carried 4-0 on roll call vote. PUBLIC COMMENTS Glenn Mendelson, 475 Cumberland; talked about the Peninsula Hospital Board meeting he attended where the future use of the vacant knoll in front of the hospital was discussed, its ownership and possible deed restrictions; property is assessed at $6 million. He offered to video tape council meetings and provide the tape to the cable channel for public viewing. He asked about the Mayor's letter of December 25 which he had written to council about. Angelo Delacasa said he had fallen because of poor condition of sidewalks; he complained about unresponsiveness of staff; two neighbor ladies had also fallen, you are safer walking in the streets B1 Todd Becker, 2ll5 Hillside, commented on proposed library plans; concerned about massive expansion which dwarfs the present building; asked about justification for this expense; noted fire station remodel was good example of historic renovation. MAIN LIBRARY RENOVATION SCHEMAIIC DESIGN REVISION City Librarian reviewed his memo of January 7 which recommended council review the revised drawings for the library renovation. Cynthia Ripley showed slides and a small model of the revised treatment of the building exterior as was directed by council at the November study meeting. There was lengthy discussion and review of slides and model; concern about the redwood tree on Bellevue side, Ripley said the tree would remain; council asked the librarian about timing of project and asked he respond to Becker questions. Librarian Escoffier said the working plans would take about a year to develop and construction another year or two; justification for the remodel are various studies which show increased use and growth of the library; at the present time people are sitting on floor on weekends because all seats are taken. Council was pleased with the reduction in height of the tower and with the new window treatments; particularly liked the wall space between windows; Councilman Pagliaro asked for a drawing of the new Bellevue wing to show what it would look like with a facade to match the old wing adjacent to it; Ripley pointed out that with a flat facade it would be much taller. Board President Cannon spoke in support of plan. Council discussed public getting opportunity to review these plans; council asked the Library Board hold a public forum for the remodel plans; discussion of large model being prepared; another issue is how to pay for project. RESOLUTION 1-94 SUSPENDING OPERATION OF SECTION 7026X1) OF THE WATER AGREEMENT AND ALLOCATING RESIDUAL UNALLOCATED WATER FOR FISCAL YEARS 1994-95 AND THEREAFTER Director of Public Works reviewed his memo of January 5 which recommended council adopt the proposed resolution. Adoption by all 26 affected member cities of the 30 member Water Users Association (four agencies are not affected) will give our city a permanent entitlement to a supply of water larger than we currently have and will encourage water conservation practices. The same resolution must be passed by all 26 of the affected agencies, if it is not passed by all 26 the present system will stay in effect. He responded to council questions. Councilwoman Knight moved adoption of RESOLUTION 1-94. Seconded by Councilman Pagliaro, carried unanimously 4-0 on voice vote. COMMISSION APPLICANTS City Manager reviewed his memo of January 11 which recommended council consider the 25 applications received for various vacancies on city commissions and committees. Mayor O'Mahony said she was opposed to appointing someone to attend the hospital board meetings. Council members agreed; seemed inappropriate to appoint someone to attend another agency's meeting; would prefer to have residents who attended the hospital board meeting come to a council meeting and report any concerns. Three people have expressed interest in this position and they could be considered for other commissions. Councilman Pagliaro noted only one person, Dennis Preger, has expressed interest in appointment to the Mosquito Abatement Board; Councilwoman Knight moved to appoint Preger; seconded by Councilman Pagliaro, carried unanimously by voice vote. Councilwoman Knight asked council to consider applicants second choice listed on application. B2 Regarding the TSM committee, City Manager noted this committee may dissolve in June and Wilkinson is willing to continue until that time; council concurred with his reappointment. Council directed staff to schedule interviews. BAY AREA AIR OUALITY MANAGEMENT DISTRICT GAAOMD) HEARING ON REOUIRE- MENT TO INSTALL A GAS COLLECTION AND PROCESSING SYSTEM IN THE LANDFILL Director of Public Works reviewed his memo of January 13 with the notification of the BAAQMD hearing attached; in October 1991 we were cited for not having a gas collection system at the landfill; we applied for variance, meanwhile a change in rules was proposed that would have exempted us, but this rule was dropped mid 1993; we are now required to comply and the district wants compliance and construction of a system in 1994, we are trying to get schedule for compli- ance in 1995-96 so that work could be done in conjunction with grading and sealing, otherwise a system that is installed n 1994 would have to be redone at time of the grading and sealing. The BAAQMD hearing is set for February 10, 1994. He will report back to council. CONSENT CALENDAR Council asked to discuss items "b, c" and "g." Regarding "b," CouncilmanPagliaro said he thought the present political sign permit procedure had served the city well. Council agreed, it may be difficult to enforce but is a necessary for accountability. After more discussion the proposed ordinance was dropped. Regarding "c" Pagliaro asked about costs in staff report for the Trousdale Drive repaving, project was awarded for total cost of $300,000 but final project cost is shown as $347,000; staff explained that additional work was added to the contract for Bayshore Highway improvements, the county paid for $200,000 from bus route rehabilitation funds, city funds came from gas tax funds. Regarding "g," Councilman Spinelli drove by this house where the fence encroachment is requested; there is a "for sale" sign in front; staff said the fence was built without permit; Spinelli asked for a separate vote on this item. INTRODUCTION OF ORDINANCE 1496 REGARDING PARKING TIME LIMIT ON CALIFORNIA DRIVE SOUTH OF BURLINGAME AVENUE City Attorney's memo of December 7 recommended council introduce this ordinance and set hearing for next meeting. At the December 6 meeting council considered and rejected a proposal to change parking time limits to four hour but in research of the city code staff discovered that while the area is posted as two-hour parking, the code states the area is one- hour parking. This ordinance would correct the code to read two hours. Dropped. (Political sign ordinance) RESOLUTION 2-94 ACCEPTING COMPLETION OF TROUSDALE DRIVE REPAV- ING - CP 9210 Public Works memo of January LL recommended council accept the project as completed by Pavex Construction in the amount of $300,800. a b. c. B3 d. e RESOLUTION 3-94 AUTHORIZING SIGNATURE ON RIGHT-OF-WAY CERTIFICA- TION FOR BROADWAY SIGNAL INTERCONNECT PROJECT Public Works memo of January 11. recommended council authorize the Director of Public Works to sign a Right of Way Certification for the Broadway signal project. The project is federally tunded by ISTEA. RESOLUTION 4-94 AUTHORIZING COOPERATIVE AGREEMENT TO PARTICIPATE IN SAN MATEO COUNTY 'FIRST TIME BUYER AND MORTGAGE CREDIT CERTIF- ICATE'' PROGRAM ('b. h. City Planner's memo of January 12 recommended council approve an agreement which would allow Burlingame residents to participate in this program. This a federally funded program administered by the county; enough funding is available for 300 first time buyers this year and without the agreement Burlingame residents could not participate. f. APPROVAL OF 1994 INVESTMENT POLICY Finance Director's memo of December 28,1993 recommended council approve the 1994 Investment Policy. Each year council must review and approve the city's investment policy This year no changes are recourmended. Removed for separate vote. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 30193 - 30532, duly audited, in the amount of $772,843.85 and Payroll Checks 62283 - 63383 for the month of December 1993 in the amount of $1,684,476.25. Councilman Pagliaro moved approval of the Consent Calendar with deletion of item "b" and excluding item "g" for separate vote. Seconded by Councilman Spinelli, carried unanimously REMOVED CONSENT ITEM g. ENCROACHMENT PERMIT FOR FENCE AT 14 STANLEY ROAD Public Works memo of January 7 recommended council approve this request subject to standard conditions. The fence has been constructed without a permit; there is no apparent traffic hazard and no conflict with utilities. Councilman Pagliaro moved approval of the permit. Seconded by Councilwoman Knight, motion carried 3-1 on voice vote, Councilman Spinelli voting no for reasons discussed earlier. Councilwoman Knight reported on a meeting she and Councilman Harrison attended with representa- tives of the school district; she also reported on Criminal Justice and that she had been appointed to a council on children. Councilman Pagliaro reported on C/CAG vote on county transportation plan. Councilman Spinelli told about the Airport Roundtable meeting he attended. COUNCIL COMMITTEE REPORTS B4 OLD BUSINESS Councilman Pagliaro mentioned the previous discussion about requesting an air pollution monitoring station in Burlingame; he asked that staff inquire about criteria for determining the location of these stations. NEW BUSINESS Mayor O'Mahony scheduled a public hearing for February 7 on an appeal for a master sign permit at 1160 Paloma. Councilman Spinelli said he had been inclined not to bring up the Mayor's letter that Glenn Mendelson wrote about, but after reading the Mayor's newspaper article in the Boutique & Villager, he felt compelled to speak. He referred to State code sections that indicate our mayor is only a ceremonial title and is appointed by the council, the mayor attends ceremonies and leads council meetings, is a member of the city council and has no special powers; he objected to the newspaper article being written by our Mayor since it did not necessarily speak for the whole council; she could write an article as a private citizen. He moved that if the mayor continues this column she put a disclaimer that the column is her personal opinion, not that of the council. Seconded by Councilwoman Knight who noted she was also concerned when she learned of the letter; she mentioned a letter written to commissions regarding her attendance at commission meeting and that she attended as a private citizen not a council member, Mayor O'Mahony said the newspaper article lists her personal goals, she did not mean for them to be interpreted as council's goals; regarding the letter, that was a personal letter; the whole subject has been overblown and during the past two months she has heard more rhetoric than she ever wants to hear. Councilman Pagliaro said he had not seen the article referred to and would prefer to abstain from this vote; City Attorney said an abstention would count with the majority vote. The vote was 2-2, Mayor O'Mahony and Councilman Pagliaro voting no. The motion failed on a tie vote. Councilman Pagliaro acknowledged a report from the police about graffiti; Police Chief said efforts have been increased in the area of Ray Park; there was discussion of the boy scout troop which has offered to paint out graffiti, problem is it takes a couple weeks for their response. Councilman Spinelli asked about 24 minute parking meters on Broadway being painted green, some in city are green and they seem to indicate short term parking; Director of Public Works said the city bought some meters from another city which just happen to have been painted green. Staff will review. Councilwoman Knight noted the commission attendance report which indicated three commissioners who have excessive absences; she asked for a letter to commissions to indicate council's concern and inquire about these absences. City Manager reviewed past practice of the mayor calling individual commissioners and council concurred with this approach. Commission Minutes: Civil Service, November 9; Library Board, December 21, 1993; Planning, January 10, 1994. a b Department Reports: Building, December; Police, December; Treasurer, December 3L, t993. ACKNOWLEDGEMENTS B5 c.lrtter from Glenn Mendelson regarding a letter from the Mayor. (Discussed earlier.) ADJOURNMENT Councilman Pagliaro moved adjournment of the meeting at 10:18 p.m.. Seconded by Councilman Spinelli and carried unanimously. Judith A City Clerk