HomeMy WebLinkAboutMin - CC - 1995.02.21278
BI,]RLINGAME, CALIFORNIA
February 21, 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.
HARRISON, KNIGHT, O'MAHONY, PAGUARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of February 6, 1995 were unanimously approved after a
change on page 3 regarding the percentages of minority population displaced by BART in Millbrae.
RP VARIANCE FOR A RES
LORTON AVENUE - PLANNING COMMISSION DENIAL UPHELD
City Planner reviewed her memo of February 10 which recommended council hold a public hearing
and take action. Ali Mousavi, the applicant, is requesting a 6 space parking variance in order to
open a 1,184 SF restaurant at 346 lrrton. The restaurant would be open for lunch Monday though
Friday and for dinner Tuesday through Saturday. There would be three employees on site,
including the applicant. The would be 22 seats initially and these are expected to expand to 32 seats
in five years. The maximum number of employees and customers on site at one time is 25 today
and 35 in five years. A parking variance is required because use of the site will be intensified. The
use in the past has been retail, most recently a grocery store. There is no parking on site. The
Planning Commission denied this request at its January 23 meeting, noting the area cannot
accommodate another parking variance and the parking impact of a restaurant will be more than two
times the impact of other types of retail uses.
Mayor Knight opened the public hearing. Ali Mousavi and Mrs. Mousavi spoke in favor of
granting the variance, they said it would be a nice restaurant run by family members. The hearing
was closed.
Councilman Pagliaro said he did not question their ability or sophistication; he had concern about
another restaurant going into this general area because parking is greatly impacted by the many
restaurants there now; he would support the denial. Councilman Harrison agreed that there are no
extraordinary circumstances to warrant a variance, he moved to uphold the Planning Commission
denial. Seconded by Councilwoman O'Mahony and carried unanimously by voice vote. Council
members hoped they could find another location in our city.
PLEDGE OF ALLEGIANCE TO THE FLAG
I*d by City Clerk Judy Malfani.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
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Mayor Knight asked that the issue of the parking demand in this area be put on the agenda for the
Council/Planning Study Meeting in April.
PUBLIC HEARIN G - APPEAL OF NEGA DF,CI,ARATION. CONDOMINIIIM PF,RMTT.
R ENTIAL USE
1755-1733 CALIFORNIA DRIVE - RESOL ON 1I-95 APPROVING SAME - TENTATIVE
CONDOMINIUM MAP FOR 1 755-1733 CALIFORNIA DRIVE
City Planner reviewed her memo of February 10 which recommended council hold a public hearing
and take action. Rico Huo, ACT Development, is requesting a negative declaration, residential
condominium permit, parking variance and a special permit for multiple family use at 17 55-1733
California. The property is located in C-l zone with a multiple family overlay zone which allows
multiple family residential with a use permit. The project needs a parking variance for two extra
guest parking spaces which extend into the front setback. lindscaping is provided around the
parking spaces to screen them from the street. The greatest point of extension into the front setback
is 7 feet, the setback required is 15 feet. The Planning Commission approved this request at its
January 23 meeting. At that hearing residents on Dufferin expressed concern about a sewer capacity
problem because of a recent overflow. The City Engineer noted the problem which caused the
sewer overflow at Dufferin/California during the recent rain storms was a mechanical problem, not
a system capacity problem. The problem has been corrected and should not happen again. The
project was appealed by a neighboring commercial property owner who was concemed about
commercial development of his property without any setback requirement next to a residential
project, and that in the future a setback may be required because of the residential use. Councilman
Pagliaro noted that the fact that the property could be developed with more units and was not, he
had some questions about the exterior finishes planned for the project.
Mayor Knight opened the public hearing. George Sinclair, architect for the project, said they are
attempting to build more desirable project; they could have designed a bulky building over a
basement with over 30 units above; this project is more harmonious, less dense with only 20 units;
parking variance to provide more spaces on site is a trade-off for the amount of open space; they did
an on-street parking study which is in staff report; regarding the trees on site, they are in poor
condition and were not given much space to grow, they plan on replacing them and planting new
trees in a less confined area; the adjacent property owner says they plan a parking structure right
next door but he thought they would find better use for the commercial property and put up a larger
development; if the adjacent commercial property owners build with a zero setback it would
jeopardize the trees those owners are concerned about. Councilman Pagliaro complimented the
architect on exceeding many city requirements; he asked about exterior finishes planned for the
buildings. Sinclair responded they plan natural wood siding or shingles with stucco; they are
concerned about longterm maintenance, he would like to hear council's preference. Councilman
Pagliaro felt shingles give a much better appearance and require less maintenance if cared for
properly. John Cimino, representing property owners, said they are pleased with the proposed
project which is sensible and low density; he subdivided a larger and still owns the lot next to this
property. He will remain there as its neighbor and has plans approved to develop an elderly care
facility.
Vincent Muzzi, the appellant representing 1756 El Camino, said these properties have a 200 foot
common property line; concemed about the overlay zone, residential next to commercial use;
commercial is allowed zero rear setback; future residents of the condo must be aware that commer-
cial zone allows zero side setback; he would like this disclosure to be in the CC&R of the condo-
minium association; if they build to the property line, future owners would be coming back to the
2BC
city saying his property is cutting off their light and air; he had seen a lot line survey and it appears
the trees were planted right on the property line, the trees provide a screen between the properties;
his main concern is disclosure to future owners. Mayor Knight asked if he had read the report from
the tree expert, he had not. Muzzi also noted they experienced flooding in January, he was also
concerned about sewer capacity. Councilwoman O'Mahony explained about our Housing Element
and this new overlay zone to provide more housing, she noted that he could also put housing instead
of commercial on his property.
Councilman Harrison said after hearing the testimony and considering the staff reports he agreed
with the commission, he moved to uphold the Planning Commission approval by adoption of
RESOLUTION 1l-95 with conditions and also approve the Tentative Condominium Map for the
project. Seconded by Councilwoman O'Mahony. Council members commented they were pleased
with the project. The motion carried unanimously on voice vote. Mayor Knight asked about
Muzzi's concerns about the overlay zone; staff noted if council made any future change in the
requirements, they would not be retroactive to this project.
PUBLIC HEARING - APPEAL OF PRIV TREE REMOVAL AND REPLACEMENT
REOUIREMENT AT I72I SEOUOIA
Park Director reviewed his memo of February 14 which recommended council hold a public hearing
and take action. In October 1994 Mrs. Gibbs, 1719-1721 Sequoia, applied for a permit to remove
three pine trees of protected size from her duplex property; upon inspection, he saw no apparent
damage and felt options were available so he referred the request to the Beautification Commission.
In December the commission voted to issue a permit for removal of the pine trees with replacement
as required in the reforestation ordinance with minimum 24 inch box trees. The permit was issued
on December 2, 1994 and in early January Mrs. Gibbs called the Park Departrnent to object to tlle
replanting requirement. She then appealed to council. He and the City Attorney clarihed the code
requirements for council.
Mayor Knight opened the public hearing. Mrs. Gibbs, 1721 Sequoia, explained cost of removing
trees and then having to replace them is prohibitive, she cannot afford it. Tree experts say tree
roots will knock down the retaining wall; if she has to replant new trees she must also pay for root
removal of pine trees; she said it would cost $300 for one 24 inch box tree and then another $150 to
plant it and that did not include cost of stump removal. Councilman Harrison asked if she got
prices from several different nurseries. The hearing was closed.
Park Director explained that large stores like Home Depot or Orchard Supply could provide 24 inch
box trees for $100-150 and have a single $25 delivery charge for any number of trees delivered. At
this location something must be planted to replace the removed trees to prevent erosion. He said
there is no need to remove old stumps and roots; there are many smaller flowering trees that could
Mayor Knight asked Sinclair if there were any way to require residents to use their garage since so
many people use their garages for storage ofjunk instead of their cars. City Attorney noted that
with condominium projects, this requirement is usually set out in the CC&R and is more easily con-
trolled by that means. Councilman Pagliaro said Muzzi made a good point about disclosure. Don
kmbi, real estate representative, said the need to disclose goes from one owner to the next and is
subject to violation of real estate laws. Councilman Pagliaro asked if the property owner would
object to putting this in sales documents. kmbi said they would do so. Rico Huo, property owner,
addressed the exterior finish questions; he agreed wood shingle gives a softer look and was willing
to commit to this finish. The hearing was closed.
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be planted. Councilman Harrison said the main concern is erosion. He asked the City Attorney
how much leeway council had in this decision on replacement; he favored allowing her to plant a
ground cover to protect against erosion. Councilman Pagliaro moved to replace the trees with non-
fruit bearing, flowering trees or as an alternative a ground cover approved by Park Director.
Seconded by Councilwoman O'Mahony. On clarification of the motion, she then noted she was not
in favor of a ground cover since it would put a lot of pressure on the Park Director. She withdrew
her second. Councilman Spinelli thought a tree with deep root system is needed, ground cover
would not provide that. Mayor Knight said even if she finds less expensive trees, she would have to
pay to have them planted. Councilman Spinelli suggested she negotiate with the company that
removes her trees to plant new ones. Councilman Pagliaro then moved to sustain the Beautification
Commission with the exception that replacement trees be 24 inch smaller non-fruit bearing,
flowering trees. Seconded by Councilwoman O'Mahony and carried unanimously.
PUBLIC HEARING - S OND READING OF ORDINANCE 1518 G THE TRANSPOR-
TATION SYSTEM MANAGEMENT OSM) ORDINANCE
City Manager reviewed his memo of January 31 which recommended council hold a public hearing
and take action. This ordinance would revise our TSM program to delegate certain regulations to
the Bay Area Air Quality Management District (BAAQMD) and to exempt certain worksites from
local trip-reduction requirements. In 1990 the city adopted Ordinance 1417 implementing our TSM
program and joined five other cities in a Joint Powers Agreement (JPA) to promote traffic mitigation
measures. As a result of the BAAQMD adopting regulations for work places over 100 employees
our ordinance needs revision. Additionally the Air Board has required C/CAG ordinance be revised
as a condition of receiving AB 434 funds. All five other cities in the JPA are adopting a similar
ordinance. Although the ordinance provides for annual impact fees for employers, we have never
levied such a fee. By adopting the ordinance, we will be eligible for $35,000 in AB 434 funds.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison moved adoption of ORDINANCE 1518. Seconded by Councilman Spinelli
and carried unanimously by voice vote.
Alexander Bogdis, Burlingame Avenue, complimented the Police Department for irstallation of a
radar speed detector; he thought it showed great sensitivity on behalf of the Police. He then
commented on the proposed amendment to the Antenna Ordinance on the Consent Calendar. He
asked how many other corrections are needed to that ordinance; he thought many more corrections
are needed; his neighbor has received more threatening letters from the City Attorney regarding her
satellite dish antenna; he objected to the "attitude" at City Hall.
BURLINGAME AVENUE/BROADWAY STREETSCAPE
City Manager reviewed his memo of February 16 which recommended council discuss and give staff
direction. Council has been discussing improving the appearance of the sidewalks, street lights, and
trash cans on Burlingame Avenue and Broadway. The Broadway BID held a charrette on November
12 where one team addressed the Broadway streetscape, material from that charrette was attached
along with a staff report estimating costs for those improvements which range from $742,000 to
$1.1 million. Council received color copies of the proposals. Also included were previous staff
proposals on sidewalk and street lights on Burlingame Avenue; sidewalk costs are estimated at
PUBLIC COMMENTS
282
$233,000 to $301,000 and street lights at $190,000 to $225,000. Trash containers were replaced in
1987 at a cost of $14,900 for 46 units. Broadway sidewalks were repaired in 1988 and antique
street lights installed in 1992. Recently Millbrae spent $1.6 million on their downtown area through
redevelopment bonds. In 1993 Menlo Park formed a downtown assessment district to perform
$320,000 of landscaping and beautification, property owners are paying approximately one-third of
the cost by assessments paid over a ten year period. last year AB 3754 was passed which
authorizes benefit assessments on property owners in a business district. The city currently has
$73,500 earmarked for Burlingame Avenue sidewalks.
Councilman Pagliaro said he started this discussion some time ago by commenting on the condition
of sidewalks and street lights on Burlingame Avenue; he hears many cofiments about our lovely
town and the joy of living here; we see lots of people shopping on our two business districts,
Burlingame Avenue and Broadway; lighs on Burlingame Avenue look like they belong over a
freeway, trash receptacles are awful; if we want our business districts to flourish, we must continue
to improve and beautify them; he would like to see a plan where city paid major part of improve-
ment and merchants or building owners paid part through assessment district; that would be a good
investrnent and would come back to us.
Jerry Winges, President of the Chamber of Commerce, agreed there must be a coordinated effort.
We need a plan; the business district generates a lot of tax dollars for the city, they would like to
see some of that money reinvested in the business district. He hated to hear all the city's money is
tied up in the dump and the library projects. Councilman Harrison noted at the recent Chamber
installation John Root talked about partnerships, that's what Councilman Pagliaro is talking about.
He did not want to see the library and dump projects used as a whipping post. The dump project is
mandated. The library must be seismically upgraded and enlarged, that is being done for the city
residents and businesses too. Winges agreed the library contributes greatly to the community; he
would be happy to see a partnership. Councilman Pagliaro asked Winges for an estimate of cost for
architectural firm to give the city some concepts and cost estimates for improvements. Winges
guessed from $20,000 to $40,000; he said it would be an investment. Parking should also be
considered in the study. Councilman Spinelli felt strongly that the city needed a good design before
it started any improvements. We need an overall plan and then we can decide whether to do all at
one time or in phases; future sales taxes would pay it back. Councilwoman O'Mahony agreed we
need a partnership, on Broadway we do have the BID; having a professional plan would be an
inspiration to property owners; put together a plan, show the merchants we appreciate them; parking
is another serious issue, we added two parking lots and a structure and it didn't help. City Manager
agreed when larger projects must be done, beautification always get moved to the bottom of the list;
study is a good idea. Need a master plan with portions that we can complete in manageable chunks.
He would look at adding funding for a study to our next budget. Councilman Spinelli would like to
see options on methods of financing including the new legislation on redevelopment. Alexander
Bogdis agreed about a master plan, all big business has a plan; you don't have to do it all at once.
Mayor Knight said customers pay the taxes and these taxes pay for police, fire and street repairs.
Broadway has the BID which is working well, many years ago Burlingame Avenue had a parking
assessment district. She doesn't think we have blight in the area to qualiff for redevelopment.
Unfortunately city funds are tied up in some major projects. She wondered if the money earmarked
for Burlingame Avenue sidewalks could be used for the consultant. Councilman Harrison would
support a consultant to develop a plan, something we can sell to property owners. Councilman
Pagliaro moved to bring back to an April meeting possible work program for a consultant. City
Manager suggested when council gets its proposed budget in May would be a better time to discuss
funding. Councilman Pagliaro wanted to know what kind of architectural firm we need to give us
283
an overall plan and a consultant for funding. Councilman Harrison seconded the motion which
carried unanimously. City Manager confirmed that this would be for the Burlingame Avenue and
Broadway commercial areas, including parking. Councilman Harrison informed staff there are
several abandoned newspaper racks on Burlingame Avenue.
LETTER TO LEGISLATORS REGARDING BART
Mayor Knight reviewed her draft letter to Congressman lantos regarding this city's opinion of the
BART alternatives. Council approved the Mayor sending the letter. Councilman Spinelli said there
would be a hearing in Washington DC at the end of March, he asked staff to get information about
that hearing.
Councilman Harrison said he would abstain from vote on item "a" revising the antenna ordinance.
Councilman Spinelli pointed out a typographical error in item "c" the contract for landfill construc-
tion manager.
a. INTRODUCTION O ORDINANCE 1519 AMENDING A ORDINANCE
City Attorney's memo of February 7 recommended council introduce and adopt an ordinance
to amend our current ordinance which contains an error; this correction will clarify the
parameters for part (b) permitted satellite antennas in R zones and for part (c) ham and CB
anteruI:Is.
AW FILL REGRADING
Public Works memo of February 15 recommended council award this bid to Ghilotti Brothers
Construction Incorporated of San Rafael in the amount of $3,348,083. This project is to
regrade the landfill to rough closure grades and to install the BAAQMD mandated landfill
gas collection system they require to be installed and operational by August 17, 1995. This
is the first phase of the landfill closure. After review of the items of work in the low bid of
$3,168,880 staff recommended an additional $179,203 for added items of work.
RESOLUTION 13-95 A I]THORIZING AGREEMENT FOR CONSTRUCTI ON MANAGE-
MENT SERVICES AND OUALITY CONTROL - LANDFILL PROJECT . CP 9II7
Public Works' memo of February 15 recommended council approve an agreement with
Woodward-Clyde Consultants in the amount of $561,200 for professional construction
management and construction quality assurance services.
RESOLUTION 14-95 ACCEPTING COMPLETION OF FRANKLIN SCHOOL BALL-
FIELD PROJECT - CP 9401
Park Director's memo of February 14 recommended council accept this job as completed by
Jensen Corporation in the amount of $185,593. Burlingame Elementary School District will
contribute $15,000.
b
c
d
CONSENT CALENDAR
GAS COLLECTION SYSTEM INSTALLATION - CP 9117
284
e RESOLUTION 15-95 AUTHORIZING CONTRACT FOR TEMPORARY LIBRARY
FACILITY - CP 9305
f, DENIAL OF CLAIM OF JAMES CRESTA
City Attorney's memo of February 3 recommended council deny this claim for alleged
damages as a result of arrest.
EMPLOYEE TITLE CHANGE - ADMINISTRATIVE ASSISTANT PERSONNEL TO
City Manager's memo of February 14 recommended council approve a position title change;
there is no change in salary. With the June retirement of the AAP employee, he recom-
mends changing the title and revising duties to include training, employee assistance
programs and some worker's compensation. The position would continue to act as liaison to
the Civil Service Commission. The Civil Service Commission has approved this proposal.
h. PARAMEDIC PROGRAM - BUDGET AMENDMENT
Fire Chief s memo of January 3l recommended council approve an addition of $42,000 to
the fire training budget from contingency reserves to initiate paramedic training to nine
members of the fire departrnent. This is the highest level of medical service that can be
delivered at an emergency scene by fire personnel. As part of the MOU with firefighters the
city agreed to explore in house training for paramedics. He proposes to begin classes in
March 1995 in cooperation with Foster City and Millbrae Fire Departments. Training would
be provided by either Chabot or Foothill College at our facilities. It is our goal to begin a
single paramedic rescue truck in the 1995-96 budget year.
l.WARRANTS AND PAYBOLL
Finance Director recommended approval of Warrants 36183 - 36656, duly audited, in the
amount of $1,125,957.98 and Payroll Checks 73142 - 73911 for the month of January 1995
in the amount of $1,271,251.88.
ENCROACHMENT PERMIT FOR EXPO AGGREGATE SIDEWALK AND BRICKJ
Public Works memo of February 14 recommended council approve this permit with four
conditions: 1) to install a wheelchair ramp at the corner of I,os Montes and Cananea, 2) to
acquire a building permit for the fence and columns and three light fixtures on top of the
columns, 3) remove one Magnolia tree and replace with another as required by Park
Department, 4) replace the brick sidewalk adjacent to the Magnolia to match existing
sidewalk to city standards. The property owner was granted a permit for the sidewalk and
two brick columns last December, during inspection it was noticed that he had added more
columns and a brick fence, so he was required to get a new permit.
Public Works' memo of February 14 recommended council award a contract for temporary
facilities to house the Library during the construction project to G.E. Capital Modular Space
of Ontario in the amount of $570,000.
PERSONNEL MANAGER
FENCE WITH 12 COLUMNS AT 1516 LOS MONTES
285
Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilman Spinelli
and carried unanimously, with Councilman Harrison abstaining from "a."
COUNCIL COMMITTEE REPORTS
Councilwoman O'Mahony reported on the C/CAG meeting and the BART hearing. Councilman
Pagliaro also reviewed the C/CAG meeting; he noted the airport no longer has money for the noise
insulation program. Councilman Harrison said at the last Convention Bureau meeting they received
the consultant report on tourism in our county, he distributed a newspaper account of that report.
Mayor Knight told about the GREAT (Gang Resistance Education and Training) graduation
ceremony she attended at BIS, a Criminal Justice meeting, and a meeting of the kgislative
Committee. She noted the kgislative Breakfast will be held on April 1.
OLD BUSINESS
Mayor Knight acknowledged a letter of resignation received from Park and Recreation Commission-
er James Yawn. Council accepted the resignation with regret and set a deadline for new applica-
tions for the commission for March 29.
NEW BUSINESS
Mayor Knight set an appeal hearing March 20 for a special permit for financial use at 405 Primrose.
Councilman Spinelli had heard the libraries are considering installing "Internet" for public use; he
cautioned the library to look into this carefully because of some questionable information which can
be acquired over that network. He asked that staff report back.
ACKNOWLEDGEMENTS
a. Commission Minutes: Beautification, February 2; Library January 17; Civil Service,
January l0; Planning, February 13, 1995.
b. Department Reports: Building, Ian. 1995; Police, Jan. 1995; Treasurer, January 31, 1995.
c. Two letters regarding BART from Martin Dreiling and from Richard Schwartz.
d. Twenty-three letters and calls regarding Cafe Marimba's exterior paint colors, some in favor,
some in opposition.
e. Proclamations: Recognizing the American Red Cross; and Arbor Day, March 7, 1995.
f. ktter from Janet Galeno regarding a Pacific Cable TV survey.
ADJOI]RNMENT
th A.
Mayor Knight adjourned the meeting at 10:07 p.m.
City Clerk