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HomeMy WebLinkAboutMin - CC - 1994.03.0710d BIJRLINGAME, CALIFORNIA March 7,1994 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. The meeting was called to order at7:30 p.m.by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Judy Malfatti, City Clerk. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of February 23, 1994 were unanimously approved on motion of Councilwoman Knight. Motion seconded by Councilman Harrison and carried unanimously. PUBLIC HEARING - CONTINUED HEARING FOR (1) NEGATIVE DECLARATION. (2) RESIDENTIAL CONDOMINIUM PERMIT AND (3) TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSES AND TENTATIVE CONDOMINIUM MAP FOR 18 UNITS AT 808-820 EL CAMINO REAL - RESOLUTION 7-94 APPROVING SAME City Planner reviewed her memo of March 2 which recommended council continue the public hearing and take action. At the February 7 meeting council continued the hearing after giving direction to consider modifications to the project and meet with neighbors. The new plans show 18 units, 16 two bedroom and 2 three bedroom units; one unit was removed from the rear of the third floor to give some variety to the mass at the rear and rooms were rearranged to provide a variety of roof elevations in other areas. The driveway access was relocated to the front of the structure and the ramp designed in a circle so that exiting cars can still use the easement across the church property to Palm Drive. She pointed out an error in the staff report stating the driveway would be two feet from church structure, the latestplan shows the driveway about 12feet from the structure. Landscape plans have not been reviewed but appear to provide a screen of trees across rear property line. She responded to council questions about the lot coverage and window locations in Unit C. Mayor O'Mahony opened the public hearing. John Ward, consultant for applicant, said a summary of the project changes had been presented to council tonight; he submitted that changes are substantial and have been costly for applicant; they followed council direction and eliminated one unit and made two three bedroom units on third floor; showed photos and drawings of project and proposed trees. Architect Kanno showed a three dimensional model to illustrate view of project from rear properties. Ward said they would build an off-site drain and catch basin on Palm to cross to Fairfield for runoff waters. He urged council to support the project. Tom McCloskey, 828 El Camino, supported the project; the houses on the three lots are dilapidated and an eyesore. 105 Ellen Freed Wickman, 815 Fairfield, asked council to deny the project; she appreciated the efforts made but was very concerned about density, about precedent being set; project will affect traffic, water, and sewer; objected to easement across church parktng lot; easement has not yet been recorded; concern about drainage easements, particularly one next to her property; only two guest parking spaces, guests will park on her street; trees proposed at rear of project are in planters and will not thrive; if council should approve she would like condition that they hold her harmless if the maple tree should fall and damage their property. Lynette Watterson, 819 Fairfield, said people object to "maxing out" a property; they deleted one two bedroom unit but made two three bedroom units. Peter Wickman, 815 Fairfield, said plans shown to neighbors by applicant at a meeting February 18 are different than that proposed tonight. Julie Murphy, 1516 Forest View, said she had experienced parking problems from large projects on El Camino near her home. Patty Rossi, 820 Fairfield, showed photos of storm water and gutter flooding during a recent February 18 storm. Al DiRanieri, wanted to preserve old homes, objected to parking lot easement, urged denial. Kevin Ruane, 817 Paloma, said the area is surrounded by condo projects. Michael McCracken, attorney for applicant, rebutted; explained that the agreement created a standard floating easement through parking lot of church for egress; drainage easement would be determined by church and city for best location; easement was recorded today. John Ward said fence would run length of property and posts could be located to avoid damaging redwood tree roots; if project is approved he would like to come back in a year or two to report on neighborhood feeling about project, was sure it would be affirmative; he thanked council and staff. The hearing was closed. Councilman Harrison asked City Planner to explain that a more massive apartment house could be built on the property without any public hearing; he said there has been lots of dialogue between neighbors, applicants and council; we have to be fair to all parties. Councilman Pagliaro noted this is an R-3 zone and developer is attempting to meet concerns; he still was concerned about the 18 foot drip line of tree and building within 7 feet of it; concerned about density of bedrooms facing east; suggested some changes to structure which would provide more air and space, reducing number of bedrooms would eliminate some parking problems; change in roof lines would reduce sense of mass; noted there are many two and three story buildings on El Camino. Councilman Spinelli agreed, he would also suggest elevator tower be moved to north end of building so it can be hidden from view from the rear; he said both sides of issue have done an admirable job. Council- woman Knight differed with colleagues; she appreciated changes made but it's not enough; too massive on El Camino side, front should be lowered; very concerned about easement across church lot, sets a precedent; has a problem with guest parking. Mayor O'Mahony said the project is much improved; she was still concerned about privacy to neighbors at rear and about guest parking; she has lived in a condo for several years and this guest parking plan is superior to her building, her underground parking garage is 25 percent vacant, we should look into guest parking requirements outside of secured areas for condos; wondered about need for two handicap parking spaces in front; she was concerned about saving trees. Staff reviewed requirements for disabled parking and noted ceiling height in underground garage would not accommodate such a space; driveways would have mirrors to provide for auto safety. Architect stated reducing number of bedrooms would reduce parking requirements. Given council concerns, McCracken asked for a brief recess to confer with his clients. Mayor O'Mahony recessed the meeting at 8:55 p.m. The meeting reconvened at 9:07 with all council members present. Attorney McCracken said his clients were agreeable to moving the elevator shaft, eliminating the bedrooms as discussed earlier, extending the fence, putting shingles on the exterior and providing the 17 feet radius needed for the tree. Councilman Pagliaro moved to approve the negative 106 declaration, finding the impacts from this project can be accommodated by existing facilities with modifications required in the conditions; to approve the condominium permit with conditions in staff report and additionally that the bedroom in Unit C facing the rear property line the bedroom in Unit E facing the rear property line shall be removed at the third floor level and replaced with a flat roof or deck with sufficient slope to drain properly, the square footage represented by the two bedrooms (in Units C and E) shall be deleted from the project, the exterior covering of the structure shall be wooden shingle, that the elevator penthouse/mechanical equipment shall be relocated to the north end of the structure so it can be screened behind the bedroom towers from the rear elevation of the building; that a fence six feet tall of solid board with a one foot lattice on top (total 7 feet as measured from adjacent grade) along the rear property line of the project and extended beyond to the full width of the property at 819 Fairfield and that there be sufficient radius around the maple tree to protect it; and to approve the tentative maps. Seconded by Councilman Spinelli. Council- man Harrison commented he did not like to see the council assume the role of architectural redesign. The motion carried 4-1 on roll call vote, Councilwoman Ifuight voting no. PUBLIC COMMENTS Irving Amstrup, 2708 Trousdale, encouraged council to let public know about the BART proposals; if BART comes to our community it will increase costs of policing, will make our city a parking lot for BART; will increase noise in area; would change Trousdale into throughway to BART; citizens have voted to support Caltrain; many years ago a former council fought BART coming to our area; he urged council to fight this proposal to bring BART here. Glenn Mendelson, 475 Cumberland, said he is pursuing broadcasting of his videotapes of council meetings but has not heard back from Cable TV manager yet. Regarding Peninsula Hospital, he did not believe the earthquake insurance coverage of $25 million for both hospitals was adequate when Peninsula alone is appraised at over $60 million; he had requested the hospital board to change its meeting time to evenings, the board conducted an opinion survey of its members and the majority were opposed to a change; he thought this "opinion survey" was in violation of the Brown Act. The front of the hospital grounds are being landscaped, changes were voted upon in 1991 but he noted the district no longer owns that land. City Manager reviewed the Planning memo of March 2 which recommended council review the latest proposal for a BART station at Millbrae Avenue with tail track into Burlingame along the Caltrain tracks and appoint two council members to the advisory committee. Councilman Pagliaro noted the advisory committee would report to a Steering Committee made up of BART and SamTrans officials; agreed with Amstrup that this was fought vociferously years ago; hopes city draws a "line in the sand" saying don't come into our city. Councilman Spinelli said in Daly City you can experience the noise of tail tracks, car washes and power stations; people will travel Trousdale from 280 freeway to reach BART; once BART is here it would move south; why duplicate something that Caltrain already provides; we should fight this proposal. Councilwoman Knight said our citizens have supported train; BART would divide the city. Mayor directed staff prepare a resolution in opposition to this proposal. She told the audience that the kague of Women Voters would hold an informational meeting at the Millbrae City Hall on March 19 to review BART proposals; city should be represented at that meeting. Mayor O'Mahony and Councilman Spinelli were appointed to represent the city on the advisory committee. 1 a7 Councilman Pagliaro moved adoption of RESOLUTION 8-94 Opposing BART Station in Millbrae, noting that this council strongly supports past councils' opposition to BART. Seconded by Councilman Harrison and carried unanimously. Councilman Spinelli mentioned there would be a Caltrain JPB meeting on March 29. SUPPORT FOR SAFE DRINKING WATER ACT - HR 3392 Public Works Director reviewed his memo of March 1 which recommended council authorize the Mayor to send a letter to Representative Tom Lantos in support of HR 3392. The current Safe Drinking Water Act (SDWA) comes up for renewal this year and there is broad agreement that there are many problems with the current Act that need to be fixed. An example affecting Burlingame was the surface water filtration requirement that nearly had San Francisco Water building a $500 million treatment plant to treat Hetch Hetchy water, those costs would be passed to SFW customers. HR 3392 would make significant improvements to the SDWA and is backed by the National kague of Cities and other prestigious groups. Councilwoman Knight moved approval of the Mayor writing a letter of support for HR 3392. Seconded by Councilman Spinelli, carried unanimously. CONSENT CALENDAR Councilman Pagliaro asked removal of item b, "Introduction of an Ordinance Amending Non- conforming Sign Provisions. " a. INTRODUCTION OF ORDINANCE 1498 - REOUIRING TRANSIENT OCCUPANCY TAX ffiOTEL TAx) BOND AND OTHER SECURITY PROVISIONS City Attorney's memo of February 25 recommended council introduce an ordinance requiring monthly returns and payments of hotel taxes, rather than quarterly, giving the Finance Director/Treasurer discretion to require deposits of the taxes as frequently as weekly or daily into a city bank account, and to require a tax bond for all but our smallest hotels. From time to time we have difficulfy obtaining prompt reporting or payment of hotel taxes; several years ago we lost over $50,000 when the operators of the Sheraton Hotel filed bankruptcy. Removed. SET PUBLIC HEARING FOR CALTRANS RECOMMENDATION TO CHANGE SPEED LIMIT ON EL CAI\dINO NORTH OF ROSEDALE FROM 35 MPH TO 40 MPH Public Works memo of March L recommended council set March 21 as the date for a public hearing to review Caltrans' study on the speed limit for El Camino Real. The Police Chief recently requested Caltrans do a speed zone suryey onRoute 9z,ElCamino Real, so that radar could continue to be used to enforce speed limits. The study recommends a change from 35 mph to 40 mph from a point 320 feet north of Rosedale to the Millbrae City limits. A notice will be mailed to schools, other interested parties and published in the newspaper. d. DENIAL OF CLAIMS: (1) RAUL AND ROSARIO FERNANDO (2) DANIEL PAUTENIS City Attorney's memos of February 18 and March 1 recommended council deny these claims for a fall at the train station and for termination of employment. b c l0B b Councilman Harrison moved approval of the Consent Calendar items a, c and d. Seconded by Councilman Pagliaro, carried unanimously. REMOVED CONSENT ITEM INTRODUCTION OF ORDINANCE 1499 AMENDING NON-CONFORMING SIGN PROVISIONS City Attorney's memo of March I recommended council introduce this ordinance to amend the sign code regarding non-conforming signs. At a recent meeting regarding the Radisson Hotel's request to change the Sheraton sign, council determined that the Business and Professions Code sections concerning nonconforming signs preempted our municipal code sections and that we should amend our code to reflect that determination. Councilman Pagliaro objected to removing the wording in the nonconforming sign section regarding "alteration and reconstruction" of such signs; he asked if the Western Exterminator sign with the rat statue could be altered to a nude; staff thought that could be controlled. Councilwoman Knight wondered if this would apply to the church sign approved at the last meeting which was changed from black to white background; staff noted code does not refer to colors and sometimes color relates to the corporate logo. Councilman Harrison moved to introduce ORDINANCE 1499. Seconded by Councilman Spinelli, carried 4-1 on voice vote, Councilman Pagliaro voting no. COUNCIL COMMITTEE REPORTS Councilwoman Knight said she participated on a panel discussion at the Council of Cities meeting and told about our city's excellent relationship with our schools. She also attended the County Historical Society's exhibit at CSM regarding our train station. Regarding school relations, Councilman Harrison presented to the Mayor a certificate of appreciation from the High School Board for the city's contributions to the high school district. Councilman Spinelli told about Airport Roundtable meeting and tour of the airport control tower and noise monitoring facilities; he noted noise events continue to lessen. Mayor congratulated the city on the Arbor Day celebration held today at McKinley School; we were presented with a special flag for being a 15th year recipient of Tree City award. She also commented on the Train Station Centennial Committee, the Library Board's public review of the reconstruction plans and the annual Commissioners Dinner. Councilman Spinelli mentioned a recent newspaper article about the City of San Mateo Fire Department closing some fire stations and having Burlingame cover those areas. Councilwoman Knight said she understood that Councilman Pagliaro would be unable to attend the upcoming March Study Meeting; after brief discussion it was council consensus to cancel the Study Meeting of March 23 and to move the Housing Element study item on that agenda to the next regular meeting, March 21, 1994; leaf blower issue would be studied in May. Councilman Harrison so moved, seconded by Councilwoman Knight and carried unanimously. ACKNOWLEDGEMENTS Commission Minutes: Park and Recreation, February 17; Broadway BID Board, February 8; Senior, February 17; Planning, February 28, 1994. a. CANCEL STUDY MEETING OF MARCH 23. MOVE HOUSING ELEMENT TO MARCH 21 109 b c Department Reports: Building, February 1994. Irtter from Millbrae Mayor with copy of her letter to the Air Quality Board regarding installation of an air pollution monitor near airport. Mayor read part of the letter and noted this was in response to council's request. d ktter from Harvey Chassy, House of Bagels, requesting a moratorium on all food-handling establishments. Council did not want to consider this request. e. lrtter from Laura Azevedo objecting to library renovation project. f. Invitation from SFO to Ground Breaking Ceremony. ADJOURNMENT Councilman Spinelli moved to adjourn at 10:00 p.m. Seconded by Councilman Harrison and carried unanimously. Judith A. Malfatti City Clerk ,