HomeMy WebLinkAboutMin - CC - 1994.04.04116
BI,]RLINGAME, CALIFORNIA
April 4, t994
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 Fire Chief Malcolm Towns.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of March 7, 1994 were unanimously approved.
ORDINANCE 1498 - REOUIRING TRANSIENT OCCUPANCY TAX GOTEL TAN BOND
AND OTHER SECURITY PROVISIONS - TABLED
City Attorney's memo of March 25 recommended council table this ordinance until some revisions
are made; he and the Finance Director had met with the hotel managers who suggested some
revisions to the ordinance; after revisions are made, he will again meet with the hotel managers to
review the new wording before it comes back to council. Councilman Pagliaro said his law firm
represents one of the hotels and he would abstain from any discussion or vote. Councilman
Harrison moved to table ORDINANCE 1498. Seconded by Councilman Spinelli. Councilwoman
Knight thanked the City Attorney for considering carefully any changes and for listening to our
hotels' concerns. The motion carried 4-0, Councilman Pagliaro abstaining from vote.
PUBLIC COMMENTS
Glenn Mendelson, 475 Cumberland, asked if council had any response to its request for an air
pollution monitoring station located in our area. Mayor noted this would be discussed under council
committee reports.
REOUEST TO REVIEW HISTORY OF COMMERCIAL FRONTAGE ON HATCH LANE
City Planner reviewed her memo of March 22 which recommended council review the history of a
retail space which faces Hatch Lane and direct staff. Dr. Richard Ehikian recently approached a
council member inquiring again about why the rear retail space on his property facing Hatch Lane
cannot have direct access off that street. Code section 25.58.030 of the zoning ordinance states that
"every business, or every building containing one or more businesses shall have its primary entrance
upon a city street at least twenty-five feet in width. Access to such a city street shall not be across
or through an alley, lane or street less than twenty-five feet in width, or a public parking lot. "
Hatch Lane is twenty feet in width, has no sidewalks and was intended as a convenient place for
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trucks to load and unload for adjacent businesses fronting on Lorton and California. Hatch Lane is
frequently used for this purpose. In July 1987 Ehikian wrote to the city requesting an address
change for the rear of his retail space at 264 Lorton, stating that since the rear space was to be used
by a separate tenant and he was installing a new entrance off Hatch Lane, he would like a Hatch
Lane address. The Public Works Department responded that they were unable to assign a Hatch
Lane address because Hatch Lane is not a public street since it does not meet the width requirement,
all addresses must be off public street with a width of 25 feet or more. ln 1992 he submitted plans
for seismic retrofit showing an entrance on Hatch Lane, he was told there could not be a separate
entrance on Hatch and he resubmitted plans which showed the separate entrance removed. Six years
later Ehikian wrote requesting that, now that his seismic retrofit work was complete, he cannot lease
the rear area to a tenant accessing from Hatch Lane. In September 1993, council reviewed this
issue and took no action.
Councilman Pagliaro said he had been approached by Dr. Ehikian; he recalled discussion last year
and that the staff report is accurate; the street is narrow and has no sidewalks but with the URM
improvements now made, council may want to be lenient; noted there are few buildings which
would fall in this same category, he wondered if council would make some accoulmodation. After
further discussion, council directed the City Attorney to prepare an ordinance revision for introduc-
tion which would allow this type of use as a variance.
REOUEST TO REVIEW HISTORY OF LAND USE AT 1247 BROADWAY
City Planner reviewed her memo of March 24 which recommended council review the request for
relief from present zoning regulations because the property owner is unable to find a tenant and is
facing foreclosure; this property has been vacant for two years. Recently Walter Renner found a
potential buyer for the property who would like to locate their insurance company on the first floor
and their properfy management company on the second floor. At the last meeting George Corey,
attorney representing Renner, requested council determine that an insurance use is not an office and
thus not an excluded use under code section25.36.034.
George Corey, attorney representing owner, presented another page of signatures from Broadway
businesses to attach to his letter of March 30 which supports location of this insurance business at
the site; he noted signatures are from all but three Broadway businesses, excluding banks; he
believed insurance is a retail business and would bring more activity to the street; the property has
been vacant for two years; the owners were present and would respond to council if desired. City
Attorney noted the petition signed by businesses did not mention request to change general laws but
appeared to apply only to this property, a change in law would affect all business sites in commer-
cial area; Corey thought all the businesses recognized the need to do something to help the
Broadway area. Walter Renner, property owner, said he had owned the property since 1976; had
two retail businesses on first floor for about four years but has been vacant for last two years; he is
under pressure from his bank and the prospective buyers are only party interested in property.
Councilman Harrison thought the support for this new business was strong and he was impressed by
signatures on petition; he could support the request. Councilman Pagliaro said he was on the
council when this law was adopted relating to excluding offices on first floor in retail areas; he was
sure the retailers would feel "squeezed out" if council allowed office use; he still feels the law was a
good decision. Councilman Spinelti and Councilwoman Ifuight also agreed with Pagliaro; the
petition was specific to that one address but a change in law would affect the entire street. Mayor
said she could consider insurance as a service business and allow it. As an alternative, Corey
suggested council might also consider changing the number of restaurants allowed in the Broadway
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area since Renner had some parties interested in placing a restaurant at the site. Councilman
Harrison said he could allow another restaurant on Broadway; he would like to see that street as a
destination area for restaurants. Mayor agreed. City Attorney noted any change in ordinance would
require public hearing. After further discussion, Councilwoman Knight moved to take no action on
changing code section25.36.034. Seconded by Councilman Pagliaro. The motion carried 3-2 orr
roll call vote, Mayor O'Mahony and Councilman Harrison voting no. Mayor O'Mahony directed
that consideration of the number of restaurants allowed on Broadway be discussed at the April study
meeting.
BROADWAY PARKING - 1133 CHULA VISTA SITE
Councilman Spinelli acknowledged a letter received from Jerry Winges, urban planner, regarding
the suggestion of a planning/parking/urban design study for Broadway. There was a discussion of
contamination of the Rhinette parking lot; City Attorney said oil tanks are being removed from the
adjacent Biscay site and at the Gasco site contaminated groundwater is being pumped out; staff
guessed it would be another year before decontamination is completed. Spinelli said he had come to
agree that the Chula Vista site was probably best location for a new parking lot; he thanked the
merchants he had met with concerning the parking issue; said he would still like to see a study about
the future of Broadway; noted the Broadway Improvement District was willing to donate for
landscaping of the new parking lot, he would rather see that money go toward a study or mini
charette on design of the street; he would vote to develop the Chula Vista lot if the merchants would
look into a charette or plan for the street. Councilman Pagliaro agreed, he would like to proceed
with the new parking lot and urged the BID to fund a charette. Councilwoman Knight hoped the
new parking lot would be a benefit to Broadway and she thanked Winges for his comments in letter;
she thought it was too much to spend for the parking lot and she would continue to vote against it.
In response to question, City Attorney said council could not direct the BID board to have a
charette. Councilman Harrison moved to fund $250,000 in the next budget for development of the
Chula Vista parking lot. Seconded by Mayor O'Mahony. Mayor showed council several parking
studies done for the city over the past 25 years; she thanked merchant Peter Campanile for sharing
the studies with her; merchant David Constantino gave copies of those studies to the other council
members. The motion carried 4-1 on roll call vote, Councilwoman Knight voting no. Pete
Campanile, chairman of the BID, thanked council.
ENCROACHMENT PERMIT FOR FENCE AT 1916 BROADWAY
Public Works Director reviewed his memo of March 30 which recommended council approve the
permit with one condition: the corner fence at the driveway be modified to provide a six foot
triangle for improving sight line from driveway. The property owner objected to this condition. He
noted the fence was built without permits and is located eleven inches into the city right-of-way.
Councilman Pagliaro said another alternative for the owner is to move the entire fence back eleven
inches and out of the city's right-of-way.
Franco Spagnoletta, 1916 Broadway, said he replaced an old fence that was at the same location for
the 14 years he lived there; he did not realize he needed a permit; said there was three feet between
driveway and fence and they never had a problem in exiting driveway with old fence located in
same place as this new fence.
Councilwoman Knight moved approval of the encroachment permit with condition recommended by
staff. Councilman Pagliaro seconded with addition of the other alternative he mentioned. The
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motion carried unanimously. Council confirmed the owner understood he had to either move the
entire fence back or provide the six foot triangle area by driveway.
TRANSMITTAL OF DRAFT FIRE SERVICE STUDY - BURLINGAME/HILLSBOROUGH -
SCHEDULE SPECIAL MEETING APRIL 11. 1994 WITH HILLSBOROUGH
City Manager's memo of March 28 transmitted the Draft Fire Service Study and recommended
council schedule a joint meeting with the Town of Hillsborough Council to review the report on
April 11, 1994 at the new Hillsborough Town Council Chambers at 6:00 p.m. Council agreed.
MEMO FROM MAYOR ON BART MEETINGS
Mayor O'Mahony reviewed her memo titled "Meeting on Financing BART Extension to the Airport
with Frank Wilson, BART General Manager, March 28. " At this meeting city representatives along
the proposed BART extension corridor discussed financing the project with Frank Wilson. They
discussed the Locally Preferred Alternative derived by MTC in 1991 and the new Alternative VI
with an end-of-the-line station at Millbrae with tail track into Burlingame. She said on April 18
there would be a meeting with Mayor Jordan of San Francisco. Councilman Pagliaro said we
should let Jordan know Burlingame does not want this; he would like to see more public meetings at
which SamTrans and BART staff could talk to citizens about these plans; he asked the city attorney
research council subpoena powers. Councilman Harrison noted this would not just be another track
next to train track, it would be large walls and electric track. Council discussed Measure A funds
are accumulating for Caltrain; Millbrae Avenue is at gridlock now, can it tolerate more cars for
BART station; mentioned an excellent letter from Martin Dreiling; preferred intermodel station in
wetlands near airport; noted there is no synchronization of BART and Caltrain planning. Council
agreed that city representatives should attend the April 18 meeting with Mayor Jordan.
COMMISSION APPOINTMENTS AND APPLICANTS
City Manager reviewed his memo of March 23 which recommended council consider the applicants
to Senior, Planning and Library and take action to reappoint or schedule interviews.
Councilman Harrison noted two excellent commissioners are the only applicants and he moved to
reappoint Hamrock and Moskovitz to the Senior Commission. The motion was seconded by
Councilman Pagliaro and carried unanimously.
Interviews would be scheduled for Planning and Library before the next meeting. City Attorney
mentioned the Brown Act amendments will preclude having a preset council interview committee in
the future; next time we will have to appoint a new council interview team each time we have
appointments to make. Councilwoman Knight reviewed how the City of San Mateo requires
commission applicants to attend a commission meeting and meet with staff, and the applicants are
interviewed by entire council; she asked that staff get copies of their policy on commission
appointments.
CONSENT CALENDAR
Councilman Pagliaro asked removal of items "a" regarding introduction of an ordinance on business
licenses, "b" regarding a sewer line relocation and "f" regarding a tentative condominium project.
a Removed.
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c
b. Removed
RESOLUTION 9-94 - SETTING PUBLIC HEARING FOR 1994 WEED AND RUBBISH
ABATEMENT PROGRAM - CP 9404
Public Works memo of March 29 recommended council set a public hearing May 2 for the
Weed and Rubbish Abatement program on public and private property. Once the hearing
date is set the property owners will be notified to abate their weeds or rubbish and at the
hearing property owners objecting to such proceedings may be heard.
RESOLUTION 10-94 - AWARDING 1994 STREET RESURFACING PROGRAM - CP
9318
Public Works memo of March 29 recommended council award the contract to G. Bortolotto
in the amount of $334,990.49 for the 1994 street resurfacing project.
e DENIAL OF CLAIMS: (1) JULIAN WINTERS: (2) JOSEPH WEATHERMAN
City Attorney's memos of March 2l and 23 recommended council deny these claims for (1)
burglary from a car parked on city parking lot and (2) towing of a car stored on city street.
f. Removed.
Councilman Harrison moved approval of the Consent Calendar items c, d and e. Seconded by
Councilman Spinelli, carried unanimously.
REMOVED CONSENT ITEMS
Regarding "a" Councilman Pagliaro asked why change the delinquent date and penalty for late
business licenses; staff explained that recent experience indicates our procedure would be more
efficient if we eliminate the second 40 percent penalty notice. Regarding "b" he wondered about
the status of this relocation of the Broadway northbound onramp to 101; project is at least ayear
away from start, city must move its sewer force main so it is not located under the freeway omamp
and must acquire easements from the Hyatt Hotel.
a.INTRODUCTION OF ORDINANCE 15OO - AMENDING BUSINESS LICENSE DELIN-
OUENT DATE AND PENALTY
City Attorney's memo of March 24 recommended council introduce this ordinance to
eliminate the second delinquent notice for business licenses.
RESOLUTION 11-94 - AUTHORIZING AGREEMENT FOR PROFESSIONAL SERVICES
TO RELOCATE SEWER FORCE MAIN - CP 9410
Public Works memo of March 29 recommended council approve a contract with THM and
Associates in the amount of $23,444 for engineering design and construction assistance to
relocate the sewer force main near the Hyatt Hotel.
It was moved and seconded to approve items "a and b" from consent calendar. The motion carried
unanimously.
d
b
l21
f.
Regarding item "f" Councilman Pagliaro thought council should discuss the concerns expressed by
Millie Hagstrom in her letter listed under acknowledgements. Council members all agreed the
project was excellent and the developer had worked to reduce impacts to neighborhood, providing
10 percent more parking than required.
TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP
FOR 601 ANSEL
Public Works memo of March 30 recommended council approve the maps as recommended
by the Planning Commission at their March 28 meeting.
Councilman Pagliaro moved approval of the maps. Seconded by Councilman Harrison, carried
unanimously by voice vote.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight said she had attended, along with Mayor O'Mahony and Councilman Spinelli,
the Police and Fire Awards dinner given by the Lions Clubs which recognized Burlingame's
Sergeant Chuck Castle for his heroism, as well as other police and fire members from other cities,
Castle received the highest award that evening. Councilman Harrison attended an ALUC meeting.
Mayor O'Mahony reported on an emergency services class for residents; that the Broadway
merchants had a very successful Easter celebration on the weekend; that we should write opposition
to AB 3505; she also asked about a request for a letter welcoming the Bridge Association to our
city, they want to charge us $120 to publish the letter - council declined the request.
OLD BUSINESS
Councilman Pagliaro asked about Glenn Mendelson's inquiry about the air pollution monitor; staff
noted we had not received a response from our request for information; Pagliaro asked staff to
follow up on the request for information about installation of these stations.
NEW BUSINESS
Mayor O'Mahony set two public hearings on April 18 for appeals of (1) moving school district
offices to the Roosevelt School; and (2) a bagel shop on Burlingame Avenue.
Councilman Harrison said the Police and Fire Departments would be competing in a basketball
game this Friday benefiting the Special Olympics; he would be the announcer. Councilman Spinelli
asked who was responsible for debris on the city side of the sound wall on Rollins. Councilman
Pagliaro acknowledged the letter from Dave Lombardi regarding Parking Lot H; he viewed the lot
and it is indeed full of commercial trucks when we passed a specific law prohibiting them in that lot
and the lot has debris. Pagliaro mentioned a letter he received from the Healthy Cities Consortium
asking support in opposing the tobacco industry's "smoking" petition; this proposal would preempt
city laws; there is a sample resolution, staff will review and bring to next meeting.
ACKNOWLEDGEMENTS
Commission Minutes: Park and Recreation, March 17; Senior, March 17; and Planning,
March 28, t994.-a.
1 2?-
b.
c.
d.
I-etter from Mildred Hagstrom regarding condo project on Ansel.
I-etter from Dave Lombardi regarding Parking Lot H.
Four letters concerning BART from Diana Demaffei, Robert Frudenberg, Martin Dreiling
and R.R. Miller.
Irtter from Frank Wilson, BART general manager, regarding Millbrae BART station.
lrtter from Modesto regarding graffiti.
ptter from Rector Motor Company requesting parking change on Cadillac and Carolan.
Referred to TSPC.
h. 6tter from Willy Ostertag objecting to a mailing from the Water Department and response
by Public Works Director.
i. Irtter from John DeMarco regarding airport expansion and BART.
j. Memo from Pubtic Works regarding hearing on dump closure and methane gas monitors'
COUNCIL MEETING CALENDAR CHANGE
Mayor O'Mahony asked if the August 1 meeting could be canceled, instead of August 15. Council
members agreed; Councilwoman Knight said she may miss the meeting.
Councilman Pagliaro mentioned the proposed Airpon MOU agreement with the school district to get
noise insulation; Councilwoman Knight said the school board has not signed it, this issue is being
discussed by the school board/council committee.
ADJOURNMENT
Councilman Harrison moved to adjourn at 9:48 p'm
unanimously.
The motion was seconded and carried
Judith A. Malfatti
City Clerk
e.
f.
('b
,