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HomeMy WebLinkAboutMin - CC - 1995.01.18261 COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 3, 1995 were unanimously approved. CEREMONIAL MATTER The Mayor presented a proclamation honoring Glenn Mendelson for his contribution of time and talent in videotaping council meeting during the past year. Mendelson received a round of applause. PUBLIC NG - APPEAL FO SPECIAL PERMIT FO R HEIGHT AND V AN CE FOR G ING NEGATIVE D TION AT 601 ANS - RESOLUTION 5.95 VING SAME City Planner reviewed her memo of January 9 which recommended council hold a public hearing and take action. The applicant is asking to amend the Negative Declaration, amend the condomini- um permit for an 18 unit residential project and for a special permit for height (37 feet requested, 35 feet allowed) and a variance for the underground garage to extend above the natural grade. In March 1994, the project was approved and the applicant then undertook extensive soils studies in preparation for construction drawings. The soils engineer found an old buried stream bed crossed the site and rhe below grade garage would sit in this creek bed. If the garage slab was not raised the garage area would have to be sump pumped continually. This would be an expense for future residents, the garage would always be damp, and there would be a real chance of flooding if the sump pump failed. To correct the problem, the applicant proposed to raise the garage floor slab three feet. This has several effects on the structure: it raises the roof ridge from 35 feet to 37 feet and a special permit for height is required; since the site slopes downward toward Ansel, raising the building causes the garage at the front to rise above grade three feet, requiring a variance. Since a two foot wall at the front then becomes a five foot wall, the applicant moved the storage areas out of the front setback, thus pulling the garage wall back. Because of the change in project height and the wall along the front setback, the negative declaration was also revised. The Plaruring Commis- sion voted to approve the project at the December L2, 1994 meeting. A neighbor appealed the decision. City Planner responded to council questions regarding the plans and the landscaping behind the walls in front setback; about the adequacy of the parking aisle backup measurements; BI,]RLINGAME, CALIFORNIA January 18, 1995 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 at 7:30 p.m. by Mayor Knight. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Police Chief Palmer. ROLL CALL 262 said she had not seen the soils report, but there was a letter from soils engineer in the packet. Public Works Director responded about the lack of traffic impact. Councilwoman O'Mahony asked about the sump pump and flow of drainage. Mayor Knight opened the public hearing. David Knudsen, applicant, responded to council's questions regarding avoiding water penetration of the garage slab; moving the storage units out of front setback where water might intrude from above and below; about where drainage from the sump pump would go, and about the slope of the garage ramp and effect of raising the garage floor. Ken Musso, representing the condo board of 1477 Floribunda, said they generally favored the project but relayed concerns from the owners about the contractor blocking sidewalks and forcing neighbors to walk into the street. Another neighbor said she was concerned about the heavy equipment causing vibration and damage in her home. Knudsen responded to those concems and assured council that he would be on site during construction, that there is large front and side setback designed into the project and the garage pulled back, so the sidewalks would not be blocked. The hearing was closed. Councilman Harrison said after hearing Knudsen's answers to council and public questions, any concerns were addressed and he moved to uphold the Planning Commission approval including conditions by adoption of RESOLUTION 5-95. Seconded by Councilwoman O'Mahony. The motion carried unanimously on roll call vote. APPEAL FOR SPECIAL PERMIT AND PARKING VARIANCE TO ALLOW A TEMPORARY TENT TO BECOME PERMANENT ATTHE HYATT HOTEL, 1333 BAYSHORE HIGHWAY: RESOLUTION 6-96 APPROVING SAME City Planner reviewed her memo of January 9 which recommended council hold a public hearing and take action. In the fall the Hyatt Hotel installed a 4,750 SF temporary tent to provide additional meeting, reception and banquet space. The hotel applied for and received a temporary tent permit in June 1994. Over the next several months the tent was installed on the 23 space parking lot west of the swimming pool on the south side of the hotel, thus reducing parking on site by 23 spaces. In November Hyatt decided it would like to make the tent a pennanent part of their facilities. They applied for a special permit amendment to increase lot coverage by 1.1 percent, increase floor area ratio by .01, and to add the tent. In addition, they asked for a parking variance for number of spaces, since the tent was located on 23 required parking spaces. The hotel provided studies of on- site parking during use of the tent and other meeting facilities during l0 events in September and October. There were five occasions in which the hotel lots were full, the hotel has negotiated agreements with adjacent office buildings for use of their parking lots after hours. Additionally, there has been a recount of on site parking spaces and the count shows that the hotel had 14 more spaces than required before the tent was installed. There is now a deficit of nine spaces. The hotel proposes to restripe the garage with a variance for 24 percent compact parking spaces. The Planning Commission approved this request for a temporary tent permit for a 10 year period with conditions. One condition was that the permit be reviewed annually. The commission noted concerns about the parking and that this use might encourage other hotels to install similar temporary facilities on required parking. The hotel property owners appealed the decision because they did not like the annual review requirement. City Planner responded to council questions about regular and compact parking space dimensions, and clarified the parking space count. The Mayor opened the public hearing. Shawn Newman, architect, and tarry Builta, engineer, were present and explained the difficulties with building code requirements they encountered while installing the temporary tent. Because of the long time period they wished to keep the temporary 263 tent (6 months), they had to meet the UBC requirements for a permanent structure. This made the tent installation more than double its cost estimate. The hearing was closed. Councilwoman O'Mahony and Councilman Harrison said they supported the applicants' request; they could uphold the commission decision with deletion of the annual review requirement. Councilman Pagliaro noted the application was for a temporary tent, now it has become permanent; they eliminated 23 parking spaces by installing the tent over them, now they have a deficit in parking; concern that every hotel will add temporary structures; he would vote against this. Councilman Spinelli said with the review period we are preserving control and he approved of the change in compact parking. Councilwoman O'Mahony moved to uphold the Planning Commission action including extending the temporary tent permit for ten years, excluding condition 7 about annual review, by adoption of RESOLUTION 6-95 and to grant a variance for 24 percent compact parking ratio to bring the parking count up to code. Seconded by Councilman Harrison. Mayor Knight said she could go along with the compact parking but she was concerned about other hotels using such temporary facilities. The motion carried 3-2 on roll call, Mayor Knight and Councilman Pagliaro voting no. PUBLIC ING - SECOND READING O ORDINANCE 1516 AMEND G UNIFORM E TEEL BUILD FROM BUILDI G OFFICIAL REGARDING SU CH BUILDINGS Public Works Director reviewed his memo of December 9, 1994 which recommended council hold a public hearing and take action. An emergency amendment to the UBC was adopted last September in response to a number of failures of joints in steel moment frame buildings during the Northridge earthquake. Steel moment frames have become a cornmon element in mid- to high-rise buildings. This design relies on the strength of the joins to resist wind and seismic lateral loads. At the last meeting this ordinance was introduced and Councilman Pagliaro asked for a report on such buildings in our city. The building official's memo stated that the State Seismic Safety Commission had recommended that owners of steel moment resisting frame buildings should, when opportunities arise, investigate the condition of those buildings which were subjected to strong ground shaking in the Loma Prieta earthquake. Our area of strong motion was in the soft soils east of Bayshore where the majority of our steel frame buildings are located. The City of los Angeles is trying to pass an ordinance to require building owners to inspect the joints and repair them to culrent standard; they estimate the cost of inspecting each joint ranges from $1500 to $4500; costs for an entire building could range from $90,000 to $420,000 just for inspection. If damage were found, repair costs and loss of tenants would be added. To identify our city's steel moment frame buildings, we would have to go through microfilm records and review the design, a very time consuming process. There were no catastrophic failures in these type buildings, compared to tilt-ups and non-ductile concrete frame buildings we know will fail in a major event, he felt the current steel moment frame controversy was relatively minor. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Pagliaro moved to adopt ORDINANCE 1516. Seconded by Councilman Harrison and carried unanimously by voice vote. 264 Todd Becker, 2116 Hillside, spoke to council regarding his concerns about the BART hearing on February 15; he hoped Burlingame would present a united position at that meeting; he believed the EIR ignored the needs of our city and cities to the south. There are other alternatives, like moving Caltrain to the airport. He recommended a city-wide hearing to hear other alternatives. He noted there is limited time. Councilman Pagliaro informed Becker that C/CAG is spending $30,000 on a consultant who will report on the EIR on February 9; while he agreed there are other alternatives, they are not germane to the EIR process which is a review of a technical document on impacts; greater concems are the financing required from SamTrans and monies to come from the Depart- ment of Transportation. Mayor Knight said the subject would also be addressed by the Council of Cities. Councilwoman O'Mahony noted Alternative 58 is the most cost effective. EY RILEY'S IRISH PUB GARDENS: (3) BOBBY MCGEE,S RESTAURANT City Attorney reviewed his memo of January 9 which recommended council place Dicey Riley and Caribbean Gardens on the annual review list and extend Bobby McGee's for another 90 days with additional conditions. While the first two have had acceptable levels of police activify, Bobby McGee's continues to have problems. He and the Police Department recommend three additional conditions: increased illumination in the bar area, training with ABC for servers, and a change in the type of music. Mark kach, representing Bobby McGee's, said they are changing the disc jockey and type of music. Police Chief responded to question about the ordinance closing the adjacent park at night which has given the police additional control in area. Councilwoman O'Mahony moved to approve the recommendation to place Dicey Riley and Caribbean Garden on annual review list and to continue Bobby McGee's permit for 90 days with additional three conditions. Seconded by Councilman Harrison and carried unanimously. DRAFT C/CAG JOINT POWERS AGREEMENT City Manager's memo of January 4 stated Councilman Pagliaro had requested council review the draft agreement so that we can forward comments to C/CAG by February 27. Councilman Pagliaro said he would recommend continuing the sunset clause, possibly a five year period, and regarding the special voting procedures on page 5, that they not apply to election of the chair and vice chair. Mayor Knight noted her irritation that San Francisco Airport has an ex-officio representative at C/CAG, yet they would not allow our county a representative on their commission. Councilwoman O'Mahony said she found it helpful to have someone from the Airport present at those meetings. Council unanimously concurred with the two recommendations of Councilman Pagliaro. NMENTAL IMPACT A ATEMENT EIR/SDEI City Manager reviewed his memo of January 10 which recommended council discuss how it wishes to review the DEIR/SDEIS and if it wishes to schedule an open house or other meeting prior to the February 15 BART/SAMTRANS hearing. Council discussed at length; had doubts about Federal funding; perhaps we should go to Washington to "make our case;" let Federal representatives know we are opposed; discussed letter from City of Millbrae to BART requesting another hearing to allow PUBLIC COMMENTS 255 more time for review; Mayor related many calls she received requesting a brainstorming session for the public, she was concerned about public getting an oppornrnity to speak; we can still hear from the public after February 15. Staff stated BART is required to have a public hearing and must respond to all comments from that hearing, they must also respond to all written comments received by March 13; after close of the comment period BART will choose the final project and a final EIR addressing all comments received and the selected project will be prepared. Council agreed to send a letter in support of Millbrae's request for another hearing later in the review period and to wait for the C/CAG report. wo ODU 17 AMENDIN SMOKING CONTROLS City Attomey reviewed his memo of January 6 which recommended council introduce this ordinance to change in our code. We received information on the new state anti-smoking legislation; he proposed we adopt amendments which place the stricter state requirement for hotels and meeting rooms into our code, and clearly state our exemptions. Councilman Harrison moved to introduce ORDINANCE 1517. Seconded by Councilman Spinelli and carried unanimously. COMMISSIONER DINNER HOSTED BAR CONSENT CALENDAR 1 a N 7-95 AG FOR SHUTTLE BUS SERVICE Finance Director's memo of January 9 recommended council authorize an amendment to our agreement with Empex Ventures to operate a pilot daytime shuttle project for three months at a cost of $150 per day to transport guests from hotels to Broadway and Burlingame Avenue shopping areas. RESOLUTION 8-9 5 AUTHORIZING AG WITH CITY OF SAN MATEO ANDb TEO NTEN BOULEV Mayor Knight said she had some concerns about our past practice of having an open/hosted bar at the commissioner's dinner. Councilman Harrison said the cost is minimal and it is a tradition; he moved to continue the hosted bar. Seconded by Councilwoman O'Mahony. Councilman Spinelli said he was also concerned about the image of the city hosting a bar. Councilman Pagliaro understood the concerns but he was willing to continue the hosted bar. The motion carried 3-2, Mayor Knight and Councilman Spinelli voting no. Public Works memo of January 10 recommended council approve an agreement with the City of San Mateo and the County for maintenance of Airport Boulevard between Beach Road and Coyote Point Road; this area is an easement over county park lands and lies entirely within the City of San Mateo. This agreement is to continue to share maintenance costs at 50 percent for Burlingame, 25 percent for County and 25 percent for San Mateo for a five year period through June 30, 1999 and automatically extends for an additional five years unless notice is given by one of the parties. 266 C. WARRANTS ANDPAYROLL Finance Director recommended approval of Warrants 35828 - 36182, duly audited, in the amount of $956,614.77 and Payroll Checks 72034 - 73141 for the month of December 1994 in the amount of $1,737,417.77. Councilman Pagliaro moved approval of the Consent Calendar. Seconded by Councilman Harrison and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Harrison encouraged everyone to attend the Chamber of Commerce luncheon this week and notified all that the Convention Bureau annual meeting would take place on February 2. Councilman Pagliaro reported on two C/CAG meetings and election of officers. Councilman Spinelli reported on the Airport Roundtable. Mayor Knight had attended the C/CAG orientation meeting; she and Councilman Harrison went to our train station to welcome a radio station disc jockey and present a proclamation; she had attended the grand opening of the Mercedes Benz regional offices in Burlingame; she met with representatives of Cafe Marimba about choice of paint colors at 1100 Burlingame Avenue; she also went to Criminal Justice meeting. OLD BUSINESS Councilman Harrison said last fall we joined SAMCEDA and they are now asking for council to appoint a representative; since he had worked with that group he said he would be interested in serving on its Economic Development Committee. Councilwoman O'Mahony moved to appoint Councilman Harrison. Seconded by Councilman Harrison. Mayor Knight said because of Councilman Spinelli's business affiliations, she had hoped to appoint him to be our representative. Councilman Pagliaro asked Councilman Spinelli to state his qualifications. Councilman Spinelli said he had an abiding interest in the business community, he was a small business owner and would like to be involved, he had also been on the Chamber board. Councilman Pagliaro said he thought council should spread its representation around as much as possible, but since Councilman Harrison has experience with these groups he felt comfortable supporting the motion. The motion carried on a 5-0 vote. Councilman Spinelli was then appointed as alternate to SAMCEDA. Hetch Hetchy Water - Mayor Knight asked the Public Works Director about further information regarding a letter we received at the last meeting from Mayor Jordan of San Francisco about Federal takeover of our water system. Director recommended council support the letter opposed to the Federal takeover. Council concurred. NEW BUSINESS Mayor Knight asked about the new ordinance in the City of San Mateo regarding requiring special permits for guns sales. City Attorney will get a copy and sent it to council. ACKNOWLEDGEMENTS Commission Minutes: Civil Service, November 8, 1994; Beautification, January 5; and Planning, January 9, 1995. a Department Reports: Building, December 1994; Police, December 1994; Treasurer, December 31, 1994. Letter from Maria I*wytzkyj about lack of heat in her apartment; note from City Attorney. Chamber of Commerce "1995 Business Plan. " The meeting was regularly adjourned at 10:12 p.m. Judith A. Malfatti City Clerk 267 b ADJOURNMENT c d