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HomeMy WebLinkAboutMin - CC - 1995.11.06397 BIJRLINGAMB, CALIFORNIA November 6, 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 at7:30 p.m.by Mayor Knight. 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 October 16, 1995 were approved unanimously after Councilman Harrison made changes on page 2 to show he was the only no vote on appointing Dreiling as chair of the Broadway Committee and on page 3 under the BART discussion, to show he mentioned 'the 60 BART cars that will be stored in Burlingame" and he also mentioned "needing to determine BART's effect on a Broadway grade separation based on the new realignment. " PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT FOR CLASSES INCIDENTAL TO RETAIL USE AT 1354 BURLINGAME AVENUE - DENIED City Planner reviewed her memo of October 30 which recommended council hold a public hearing and take action. Gymboree Corporation, represented by Carol Horn Davis, is requesting a special permit for instructional classes incidental to retail use at 1354 Burlingame Avenue. They are proposing to open a retail children's clothing business in the front half of the retail space with direct access to Burlingame Avenue. The rear area will have direct access to City Parking Lot C and will be used for a play program incidental to the retail use. A corridor will connect the rear play program area to the front retail area. The play program serves children from 0-3 months of age to 5 years of age, and is limited to a maximum of 12 children. All children must be accompanied by at least one adult. Classes range in length from 45 minutes to t hour 15 minutes. The applicant proposed no classes from noon to 2 p.m. Monday through Saturday during the area's heaviest parking use. The Planning Commission denied this request at its October 10 meeting because of concerns about parking impact. She reviewed the applicant's proposed modifications to the conditions. She responded to council questions and comments regarding the parking study done by Barton Aschman; four parking spaces at the rear belong to the business and will be striped to provide for a disabled accessible van space; will only be exterior remodel for a new entrance at rear of building, no expansion of the floor area is proposed. Vice Mayor Pagliaro said Gymboree is a great program, but the issue now is parking. Mayor Knight opened the public hearing. Norman Book, attorney representing Gymboree, told history of this organization which began in Burlingame and has its corporate headquarters in Burlingame; their annual revenue was $200 million last year. The retail store portion of the 598 proposal cannot stand alone at this site, it needs the play program because the site is so large; want to use this site as a play program demonstration site for visitors to their corporate headquarters; the conditions with proposed amendments are acceptable to the applicants and they agreed to annual reviews; discussed parking needs which, when the on-site parking and demand for equivalent retail space are considered, equate to the play program generating only one additional parking space; mentioned the city will be adding more parking since the purchase of the nearby lot on Donnelly. Vice Mayor Pagliaro was concerned about the parking needed for this site; council members discussed parking; Carol Horn Davis of Gymboree responded to questions; employees would park away from site in long-term parking; City Planner noted employee parking is one of the conditions. Nancy Pedot, President and CEO of Gymboree, said she lives in Hillsborough but does a lot of shopping on Burlingame Avenue and is aware of the parking problems; told of Gymboree's commitment to families; play program proposed for this site is smaller than at their other sites; any other business going into this site would not be as flexible. Councilman Harrison asked about the proposal to have evening and Sunday lectures, pictured this causing more of a parking impact. Councilwoman O'Mahony was purzzled by the greater parking impact at 11:00 a.m. than at 11:30 a.m. shown in the parking study. Carol Horn Davis told about the safety of rear entrance, children would always be escorted by adults; only customers would park on site, employees would park away from area in long-term lots. Also speaking in favor was Charles Steel, 605 Howard; Todd Oliver, BR Commercial, and Gary Cohn, realtor representing Gymboree; support the play programs; noted it is a qualrty business and would draw more customers to the area; Cohn personally went to businesses in the area and presented signatures of 41 merchants who supported the business and an additional two letters in support. Councilman Spinelli said he was in a store when Cohn was acquiring one of these signatures. He said Cohn discussed that a play area would be provided but did not mention to the merchant that classes would be held at the site in addition to the retail use. Speaking in opposition was Janet Martin, merchant, and Ron Karp, merchant; noted Gymboree is a wonderful program; attend classes at St. Paul's and there are always lots of cars at that site; six or more employees and 12 parents with children is a big parking impact; city just bought Donnelly lot but did not buy it for Gymboree; would be better to locate this business in a strip mall like the Plaza; Gymboree has lots of parties and night classes, parking is very heavy in the area at night also; noted the great impact of the Donnelly Square classes in the same area. The hearing was closed. Vice Mayor Pagliaro said the entire council is very supportive of children and families but is also very concerned about parking; council has spent millions of dollars on parking, have a limit on restaurants; have a very successful downtown and lots of parking problems; love to see this business in Burlingame but not on Burlingame Avenue. Councilman Harrison observed Lot C this morning and it was not full; noted there are other uses which could go into this site without any review which would bring higher parking use; with this business we would at least have some controls through the conditions imposed for approval and the one year review; if impact is high we could further restrict size of classes; he would support this project. Councilman Spinelli said we are proud to have Gymboree in town; but not fair to other merchants to have this on Burlingame Avenue; would be better in another area. Councilwoman O'Mahony wondered about denying without prejudice. Staff said, if denied without prejudice, council would need to give specific directions for Planning Commission to consider in their review. Norman Book said he would like to come back directly to council; proposed they could bring parking consultant; address employee parking and possibly change hours of play program. Mayor Knight said she was excited about 399 having this program in Burlingame but was also concerned parking and about evening lectures and classes, parking impact is heavy in evenings, too. Councilwoman O'Mahony moved to deny without prejudice so the applicants can come back with the employee parking location plan. Councilman Harrison seconded with an addition to consider the possibility of reducing the number and size of classes. The motion failed 2-3 ot roll call vote, Mayor Knight, Vice Mayor Pagliaro and Councilman Spinelli voting no. Vice Mayor Pagliaro moved to sustain the Planning Commission denial. Seconded by Councilman Spinelli and carried 3-2 on roll call vote, Councilman Harrison and Councilwoman O'Mahony voting no. PUBLIC HEARING - APPEAL FOR SPECIAL PERMIT FOR CANNING AND OUTDOOR STORAGE AT 1333 MARSTEN - RESOLUTION 83-95 APPROVING SAME City Planner reviewed her memo of October 23 which recommended council hold a public hearing and take action. Steve Reedy, business and property owner, is requesting a special permit to have a canning operation with outdoor storage for materials related to the canning process at t333 Marsten Road. The applicant combines vegetable products at this site to make pasta sauces and salsas. The product is placed in glass bottles using a preparation process consistent with a canning operation. The site houses two businesses, Michael's Rentals and S&D Foods. Based on the floor area, L4 parking spaces are required for the canning business. Michael's Rentals is required to have 4 parking spaces on site. There are 38 on site parking spaces shown on the plans, of which 33 meet code requirements and 18 are required. Presently Michael's uses much of the on-site parking to store items for rental. S&D operates 5 or 6 days a week with 14 employees. Deliveries and pickups are made between 10 a.m. and 2 p.m. There is a 6 foot wrought iron fence around the Rollins Road side of the property. Outdoor storage is required to be enclosed by an opaque 8 foot fence. The applicant has been on site for 4 years but only applied for a business license last year. This is a code enforcement issue brought to the crty's attention by a tenant on adjacent property complaining about the mess in the rear parking lot (which fronts on Rollins) caused by the debris from the canning process and about employees parking on Rollins Road since they cannot get onto the site because of all the outdoor storage. The complaint also noted abuse of the on-street yellow loading zone and trucks being parked across the sidewalk for unloading. She responded to council questions; rental business will stay on site; Mayor Ifuight observed deliveries in street; what kind of recycling and waste do they produce; do they have permits for waste discharges, no; storage of food products outside. Mayor Knight opened the public hearing. Steve Reedy, applicant, said they do not have any waste; cans and cardboard are all recycled; products are all organic; site was a bottling plant; there is plenty of parking on site but his employees all walk, bike or take train or bus; they don't have any retail sales; the fence would be difficult to cover. Vice Mayor Pagliaro visited the site and there is no parking available on site, the whole area is covered with barrels and pallets; one of the recycling bins was filled with cans the other was empty; liquids were observed going into storm drain. Reedy said none of his employees need to park there so why not use the area for storage; his employees have been told they cannot park on the street; said BFI is responsible for cleaning recycling bins. Speaking in opposition was Tony kopardo, L340 Rollins, who said this business impacts parking; the business has been there for 5 years and has grown tremendously; the company does not allow employees to park in their lot, therefore they park on Marsten or Rollins Road side; the recycling bins are emptied on the street because the business would not allow BFI to put them on the site, and 400 the cans are never cleaned; there are rats and mice all over the site; there is a tractor-trailer without cab parked on the street full-time in a loading zone; the plant is too large for the site; if the pennit is approved they will never comply with the conditions. Reedy responded he never said the BFI bins had to be on street; the tractor-trailer on street is not in a loading zone and it can be parked there any time; any loading and unloading is done quickly. The hearing was closed. Vice Mayor Pagliaro was concerned about sewer discharge requirements and vegetable matter being dumped in storm drains and sewers; staff noted such dumping into storm drains is prohibited and they would need a sewer discharge permit for dumping this material into sewer, such a permit would be inspected several times each year; staff will investigate. Vice Mayor Pagliaro noted with approval of a use pennit we could regulate problems with parking and check for compliance in 30 days; he moved to approve the permit with conditions and additional conditions that they add an interceptor on sewer line if needed and acquire a sewer discharge permit and that no discharges be made into storm drains; that required parking cannot be used for any kind of storage; and that vehicle loading and unloading takes place on site and not on the street. Councilman Harrison seconded the motion. In response to Reedy's questions about fence, staff noted the iron fence can remain, but the outdoor storage specifically shown on the plans would have to be enclosed within another opaque 8 foot fence and materials or recycling bins stored inside them only, no storage of any kind could occur in required parking or areas needed for access to required parking or in loading zones on the street. Councilwoman O'Mahony had questions about the discharge permit. Mayor Knight said she observed cluffer and a boat being stored on the site, she hoped it would be cleaned up; perhaps the applicant should take over the Michael's Rental area for expansion and parking. The motion carried unanimously on roll call vote. Staff noted the conditions have been amended by these statements and the conditions include specific times for compliance. If these are not met the city will enforce on the property. PUBLIC HEARING - SECOND READING OF ORDINANCE 1533 AMENDING REGULATIONS FOR PRIVATE PATROL SERVICES City Attorney reviewed his memo of October 5 which recommended council hold a public hearing and take action. At the last meeting this ordinance was introduced. lrr 1994 the state preempted local permitting of such business and their employees who carry firearms. They now go through state licensing procedures. The state does allow cities to register these businesses and require local permits for unarmed patrol employees. Thus we still monitor who is providing such service in our city. The city also retains local control of uniforms, titles and vehicle identification of all patrol businesses. Our current ordinance is outdated and should be amended to conform with state law. Mayor Knight opened the public hearing. There were no comments and the hearing was closed Councilman Harrison moved adoption of ORDINANCE 1533. Seconded by Councilwoman O'Mahony and carried unanimously. PUBLIC HEARING - SECOND READING OF ORDINANCE 1534 REVISING COMMERCIAL SEWER RATES Public Works Director reviewed his memo of October 12 which recommended council hold a public hearing and take action. This ordinance was introduced at the last meeting. In September 1995 council adopted the 1995-96 sewer rates. At the time council questioned the reduction in coillmer- cial rates. Subsequently staff discovered the report used to calculate sewer rates had a computer 40 i glitch which doubled the water use for the month of April. This error resulted in the lower rates. The error was corected and staff has adopted some checks and balances to preclude this ever happening again. These new rates took effect November 1; because the September/October billing was based on the erroneous rates, the crty will lose about $40,000. Council asked if this error was adata entry error or software error, and if city could be recompensed for losses. Staff responded it was a prograrnmer error and that person is no longer employed by the provider of the billing program. Mayor Knight opened the public hearing. There were no comments and the hearing was closed Councilwoman O'Mahony moved adoption of ORDINANCE 1534. Seconded by Councilman Harrison and carried unanimously. PUBLIC COMMENTS Gene Methele, 746 Chevette, Foster City, spoke on behalf of his aunt who lives at 1361 Edgehill and has a request for an encroachment permit listed on the Consent Calendar, item "g. " Council removed this item from the Consent Calendar to consider at this time. The applicants object to the conditions imposed by the city that the gate and fence at the driveway be lowered to three feet in height or moved back one foot to the properly line. Methele said they only replaced an existing fence in the same location and height. There are other fences and gates in neighborhood which are higher and encroach into the city right-of-way. The original driveway gate opened outward over the sidewalk, the new fence is an improvement since it opens inward so it does not encroach on sidewalk. His aunt does not drive, does not have a car and uses the garage for storage. If the fence were moved back she would have to remove mature trees and shrubs. The building permit was allowed and the fence was built before the city made these requirements. Public Works Director told council the contractor assumed the original fence was on the property line but when the fence was inspected, it was found to be in the ctty right-of-way. Vice Mayor Pagliaro did not think moving the fence one foot would make much of a difference; he moved to approve the fence as built. Seconded by Councilman Harrison and carried unanimously. CONTINUED HEARING FOR NEW AMUSEMENT PERMIT FOR GOLDEN CHINA RESTAU- RANT. 1230 BROADWAY City Attorney reviewed his memo of October 6 which recommended council consider this request and take action. Earlier this year council revoked the amusement permit of Golden China because of noise complaints. They reapplied in August but council continued the issue until this time. There have been no police calls since h;Jy 23 when they were found to be operating Karaoke after the permit was revoked July 6. He recommended approval with conditions that Karaoke stop at 1:00 a.m.; that patrons during entertainment be over the age of 2l; and that doors remain closed during Karaoke entertaining. Review would take place in 90 days. Nancy Young, applicant, and John Liu, attorney, were present. Liu requested hours of entertain- ment be until 1:30 a.m. Staff recommended because of past noise issues the hours of entertainment cease at L:00 a.m. If there are no problems, the applicant can request increased hours at the 90 day review. Mayor Knight noted she has consistently opposed this request because of noise. 40? Councilman Harrison moved approval for Karaoke with review 90 days and the conditions recommended by staff including ceasing this entertainment at 1:00 a.m. Seconded by Councilwom- an O'Mahony and carried 4-1 on roll call vote, Mayor Knight voting no. NEW AMUSEMENT PERMIT FOR TAVERN GRILL. 1448 BURLINGAME AVENUE City Attorney reviewed his memo of October 30 which recommended council approve this new request for 90 day period for live jazz and blues. The applicant is requesting live music Sunday through Wednesday from 9:30 p.m. to 12:30 a.m. City Attorney recoflrmended it be allowed for seven days a week because the applicant would have to amend his permit if he decided to increase entertainment nights. Tim Harmon, applicant, was present. Mayor Knight mentioned she would like to see such a business offer entertainment for teens but supposed this would not be allowed because of alcoholic beverages at the site. Vice Mayor Pagliaro moved approval the permit for 90 days as recommended. Seconded by Councilman Harrison and carried unanimously. REPORT ON UNREINFORCED MASONRY ruRM) BUILDING COMPLIANCE Public Works Director reviewed his memo of November 1 which recommended council review alternatives and direct staff. In September council directed staff to contact those owners of potentially hazardous (URM) buildings who have not submitted plans for the required seismic retrofit. Nine property owners were notified; as of this time 3 have submitted plans, one has submitted a leffer reflecting the retention of an engineer to prepare plans, and one has been removed from the list because of earlier remodeling which removed the hazard. Four building owners have not responded. Vice Mayor Pagliaro noted his law firm had worked with Putnam auto dealership in the past but he did not see any conflict of interest in this matter. Vice Mayor Pagliaro suggested council schedule a public hearing to revoke the occupancy permits of these buildings. Councilwom- an O'Mahony asked about the properties managed by trustees. Councilman Harrison directed that a letter be sent to the four propefry owners that a public hearing would be held on in January 1996 to revoke occupancy permits and that a representative should be present at that meeting. Council concurred. CANCELLATION OF STUDY MEETING CONSENT CALENDAR Mayor Knight announced that item "g" was acted upon earlier. Item "b" regarding BART consultant was removed for later discussion. Regarding "d" Councilman Harrison hoped the sidewalk repair contractor would attempt to match the color of the existing sidewalk. Vice Mayor Pagliaro said he had a conflict of interest and would abstain on two items, "e-2" and "f." Mayor Knight was pleased to see the recommendations given for the sidewalk contractor. Council unanimously concurred in canceling the Study Meeting scheduled for November 15. 403 a City Attorney's memo of October 13 recommended council introduce this ordinance and set public hearing for December 4. Our existing ordinance was adopted in 1959 and since then we have introduced recycling, water and air pollution control agencies, and state and federal laws concerning creeks and waterways. We have a problem witl organized theft of recyclables; this is a concern since BFI bases their rate structure on the value of these materials. The proposed ordinance established modern definitions and requirements for waste collection and enforcement of violations; provisions for locations for containers; prohibitions for placing waste in someone else's container and dumping on public property, and making it a crime to steal recyclables. b. Removed for discussion. (BART consultant) c Public Works memo of October 31 recommended council accept as completed the project installed by P&F Construction in the amount of $30,000. DENIAL OF CLAIMS: (1) IOANNE PHILUPS : (2) HARTFORD INSURANCE FOR IMELDA LEBANTINO City Attorney recommended denial of these claims for (1) car damage from hitting a city light standard and (2) a street fall. Public Works memo of October 30 recommended council concur with the Planning Commis- sion and approve this map. b RESOLUTION 86.95 AUTHORIZING AG AND SCOPE OF WORK FOR oNS I]LTANT TO REVIEW BART TO SFIA DEIR/DEISC SI]PPLEMENT #2 City Planner's memo of November 1 recommended council approve the agreement and scope of work with Bob Ironside for review of the Supplement lf2 of the BART SFIA DEIR/DEIS INTRODUCTION OF ORDINANCE 1535 REVISING SOLID WASTE COLLECTION AND DISPOSAL ORDINANCE RESOLUTION 84_95 ACCEPTING COMPLETION OF CORPORATION YARD ACCESS ROAD . CP 9420 d. RESOLUTION 85-95 AWARDING CONTRACT FOR SIDEWALK REPAIRS . CP 9508 Public Works memo of November 2 recommended council award this project to JJR Construction in the amount of $158,194. f. TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AT 150 ANZA g. Encroachment Permit for 1361 Edgehill was approved earlier under Public Comments. Councilman Harrison moved approval of the Consent Calendar, excluding items "b" and "g" which was acted on earlier and noting Vice Mayor Pagliaro abstaining from "e-2" and "f." Seconded by Councilman Spinelli and carried unanimously. REMOVED CONSENT ITEM 444 at a cost not to exceed $6,000. Funding will come from contingency reserves. Ironside proposes to submit a draft for city review by November 10; the deadline for submitting comments to BART is November 20. BART's final EIR/EIS and Response to Comments is expected to be released in March or April 1996. City Planner suggested council might want to add items for review at this time. Councilwoman O'Mahony presented a list of items, she noted the BART document seems to draw a line at Millbrae and doesn't discuss any impacts on Burlingame; other council members added comments: how will the five parallel lines and resulting realignment of the Caltrain tracks affect the future grade separation at Broadway/California; since the end of the two parallel 15 foot tall sound walls is open, will it affect the noise exposure of existing uses on the south end; on what basis do they use 75 dBA for the noise baseline when airport uses 65 CNEL; will the row of Eucalypnrs trees on the east of the tracks be removed, if so what mitigation is proposed; what about traffic impacts on Murchison and Trousdale at El Camino; airport patrons using the Millbrae station will park in Burlingame but no mitigation was suggested; report does not mention Burlingame resolution in opposition, but mentions other resolutions in support; traffic impacts should be explained in terms of actual service levels affected by SamTrans changes in service; there is no mention of the incremental impacts of the SFO master plan especially at the Millbrae interchange; no mention of problems caused (noise, air, vibration) especially on nearby convalescent hospital and residential uses; will there be an electrolysis problem for metal underground city utilities and facilities in the vicinity of the new electrified tracks; used increased capacity of 101 from Caltrain extension to Downtown to offset increased volumes created by BART, but no assurance that extension will happen should show with and without Caltrain extension; what does the CCAG regional traffic model show the impact of BART to be; the MTC traffic models used are flawed, their assumptions are out of date, i.e. number of people per household who work, persons per car, etc.; passenger convenience reduced by the "wye" should be addressed because FTA is very interested in it as a criteria. Councilman Harrison moved approval of this agreement by adoption of RESOLUTION 86- 95. Seconded by Vice Mayor Pagliaro and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Harrison reported on SAMCEDA steering committee meeting. Councilwoman O'Mahony reported on CCAG's search for an administrator. Councilman Spinelli told about Airport Roundtable activities. Mayor Knight reported on the kague of California Cities confer- ence; noted since Vice Mayor Pagliaro is retiring, she would attend the CCAG meeting but needed authorization to vote. Council concurred in directing staff to prepare a letter authorizing the Mayor to vote. NEW BUSINESS Mayor Knight set appeal hearings for the December 4 meeting for (1) removal of two city trees at 1131 Capuchino, (2) variances for height and declining height envelope at 1480 Alvarado; and (3) amendment to conditions for Donnelly Square Fitness Center at 1208 Donnelly. ACKNOWLEDGEMENTS Commission Minutes: Civil Service, October 10; Traffic, Safety and Parking, October 12; Beautification, October 5; Senior, October 19; Library Board, September 19 and October 17; Planning, October 23, 1995. a 405 b c ktter from Dennis Sullivan objecting to obstructions from tables and chairs on Burlingame Avenue. ktter from "Remembrance Memorial for California Korean War Veterans" requesting dona- tion. Proclamations: National Hospice Month, November; National Family Week, November 19- 26; and National Bible Week, November 19-26, 1995. I-etter from Brian Permenter objecting to "actions against Cafe Marimba in regards to the colors. " f.ktter from Bette May approving Cafe Marimba's new paint, and also objecting to garage sale signs. ktter from John Kelly, Samaritan House, regarding funding the Winter Shelter. Staff note reporting $5,000 had been budgeted and was sent. Letter from San Mateo Mayor regarding regulation of garage sale signs. City Attorney reported staff has revised the garage sale application form to inform residents that signs off premise are forbidden. CLOSED SESSION At 11:10 p.m. Mayor Ifuight adjourned to a Closed Session to confer with the City Manager on labor negotiations with the Police Officers Association. ADJOURNMENT IN MEMORY OF YITZHAK RABIN AND SHANA SOPOAGA Vice Mayor Pagliaro suggested council adjourn in memory of Israeli Prime Minister Yitzhak Rabin who was assassinated, and that letters of condolence be sent to the Israeli consulate in California and in Washington, D.C. Mayor Knight also noted with sadness the death of city employee Maka Kesomi's step-daughter Shana Sopoaga who was killed in an auto accident. After a moment of silence in their memory the meeting was adjourned at 11:15 p.m. d. e ob' h. a a Judith A. Malfatti City Clerk