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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: 279 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. zBt 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