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HomeMy WebLinkAboutMin - CC - 1995.12.044A9 BIJRLINGAME, CALIFORNIA December 4, 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 Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Police Commander Missel. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE t_ MINUTES The minutes of the Regular Meeting of November 20, 1995 were unanimously approved PUBLIC HEARING - APPEAL FOR PARKING VARIANCE AND CONDITIONAL USE PERMIT FOR GOODWILL INDUSTRIES AT 1215 CALIFORNIA/1lo9 RHINETTE AVENUE - RESOLUTION 86-95 APPROVING SAME City Planner reviewed her memo of November 27 which recommended council hold a public hearing and take action. Goodwill Industries, represented by Ardis Jerome, is requesting an 11 space parking variance in order to use the existing 9,200 SF building at l2l5 California for a Goodwill retail outlet. The building would be remodeled on the interior, the footprint of the building would not change except for a disabled accessible ramp at the rear. The parking require- ment is 23 spaces and none are provided on site. However, the present auto body shop is noncon- forming and the new use is allowed to deduct from its requirement the 12 parking spaces required for the auto body shop because that use has been there since before on site parking was required. Thus the parking requirement for Goodwill is the 11 spaces created by the intensification of the new retail use on site. Goodwill also requests a condition use permit (for parking in an R-3 zone) to use the adjacent property at 1109 Rhinette to provide the 11 parking spaces to mitigate the absence of parking on site. Both properties are in the same ownership. They plan to fence the lot from the residential use and also from the adjacent city parking lot. The Planning Commission voted 3-l-2 to approve the permit but the commission rules require a majority (a) of the total commissioners appointed so the motion failed. Goodwill appealed to council. Staff responded to council questions about the parking, peak traffic hours and traffic impacts. Councilwoman Knight noted the adjacent senior convalescent home is no longer protesting this project. Mayor Harrison opened the public hearing. Norman Book, attorney representing the property owners, said this building has been used for auto repair for many years, the proposed retail use is better use of the property; Goodwill plans to use the lots together providing parking on the Rhinette lot; they agreed to all conditions including the stipulation that the two lots must be used together if retail use is to continue on the California lot. Ardis Jerome, representing Goodwill Industries, introduced David Tudor and Dan Smith, architect. Tudor explained Goodwill trains its clients for 410 retail sales jobs, most staff uses public transpofration; they plan to use a smaller delivery truck (30.5 foot bobtail) and they are downsizing the donation trailer; customers are working people who shop on weekends; they have verified the bobtail truck's ability to make the turns; they have met with neighbors and have their support. Dan Smith, architect, showed revised truck size and traffic plans. Mayor Harrison asked about customer parking and the truck deliveries. Smith said they plan to make delivery, one per day, before the store opens. Smith said the landscape conditions are acceptable but they requested not to plant trees between the two parking lots because that might block view of their parking lot; he stressed the importance of this building at the entrance of Broadway, their retail shop would enhance the area. Mayor Harrison discussed qualifying the condition about the trees along the fence. Councilwoman Janney commented on the attractive exterior of the San Mateo store. Councilman Spinelli asked about the long hallway at the rear of store. Smith said the hallway was not an entrance, it was for staff use and a second fire escape, people using the store would have to walk around to the front. Bob Appleby, representing Poplar Center, said he had eight disabled clients who are being trained by Goodwill and who will be able to get jobs in the community; he strongly supported this business. Will McGowan, Beautification commissioner, said he would really like to see trees in the parking lot, if branches are high they will provide shade and shoppers could still see the lot. Ardis Jerome presented a letter in support from Sharon Williams; said they were willing to accept landscaping conditions. Vice Mayor O'Mahony asked about the training classes being limited to those employees on site; about the traffic study, this plan would be more acceptable if trucks came from Millbrae and only made right turn onto Rhinette. Jerome said they originally planned to conduct classes, but have removed the classroom from the plans; they agreed to right turn only onto Rhinette. The hearing was closed. Councilman Spinelli appreciated the good things Goodwill does, but regarding this project site, he was concerned about the traffic flow and people using the city parking lot instead of the Goodwill lot; the entrance to the store will entice people to drive across all the lanes of traffic on California into the Rhinette lot; think the city will have to install meters. Councilwoman O'Mahony asked about having a pathway from the Goodwill lot through the city lot; she could approve this request with change about delivery truck only turning right from California onto Rhinette. Councilwoman Knight said she was pleased about the downsizing of the truck; she suggested the curb cut into the Rhinette city lot from California be eliminated and entrance/exit be from Rhinette; that the curb on Rhinette be painted red and if we don't change the curb cut, install a the double yellow line so people don't turn west into lot; also no left turn from Rhinette onto California. Councilman Spinelli said the Rhinette only ingress/egress into city lot was a good idea which would solve his objections. Mayor Harrison said meters might be a good idea in the city lot, he had no objection to people parking in the city lot; he directed staff to take care of the curb cuts. Vice Mayor O'Mahony moved to approve the project with conditions of staff report including that the maximum size of the delivery truck shall be 30.5 feet, delivery hours shall be before the retail store opens and delivery access shall be only by right hand turn onto and from California Drive; that the training room shall only be used for employees of the 1215 California site; that irrigated landscaping shall be provided along the chain link fence with a row of trees on the east side and a screening vine on the west side. Seconded by Councilwoman Janney and carried unanimously. PUBLIC HEARING - APPEAL FOR TWO VARIANCES. FOR HEIGHT AND FOR DECLINING HEIGHT ENVELOPE. AT 1480 ALVARADO AVENUE - RESOLUTION 87-95 APPROVING SAME City Planner reviewed her memo of November 27 which recommended council hold a public hearing and take action. Gary Sayed, property owner, represented by Marty Zwick, architect, is 41i requesting two variances in order to build a new house on the vacant lot at 1480 Alvarado. The former house was destroyed by fire. The proposed three bedroom house has two floors and a 1,500 SF basement. Because the basement area has habitable ceiling height and is more than half the area of the floor above, it is considered another story; therefore the house has three stories and a variance is required for more than 2Vz stories. In addition, the stairwell which extends from the basement to the second story is enclosed in a tower-like structure which extends beyond the declining height envelope and a variance is required. The Planning Commission denied this request at its October 23 meeting. The applicants appealed to council. Mayor Harrison opened the public hearing. Marty Zwick and Gary Sayed were present; noted the garage does not face the street now; the new house is much like the one there before; they have met with neighbors and all approve of the project. The hearing was closed. City Planner responded regrading the basement and about the FAR; .54 is allowed, this project including the basement is .80. Councilwoman Knight was concerned about the FAR but noted another new house on Quesada was built within FAR and is quite large; she felt the city needed to review the FAR rules. Mayor Harrison directed FAR be placed on the joint Planning/Council agenda next spring. Councilwoman Janney noted this property is unique and she could approve it. Councilman Spinelli related this is a very large house, but the houses next door to it are also very large; he agreed we need to take a look at the loophole in the FAR rules. Vice Mayor O'Mahony thought they had done a remarkable job in design and she moved to overturn the Planning Commission and approve this project with conditions. Seconded by Councilwoman Janney and carried unanimously. PUBLIC HEARING - APPEAL OF DECISION FOR TREE REMOVAL REOI.IIREMENTS AT 1131 CAPUCHINO AVENUE - DENIED Park Director reviewed his memo of November 27 which recommended council hold a public hearing and take action. On August 18, Mr. Davidian requested that the trees in the planter strip in front of his property at 1131 Capuchino be inspected. After inspection staff recommended removal of the least healthy tree, the liquidamber, and pruning of the two Eucalyptus. Mr. Davidian requested removal of the two Eucalyptus trees instead. His request was referred to the Beautifica- tion Commission which voted to issue the permit to remove the two trees at the owner's expense. Mr. Davidian appealed because he did not feel he should have to pay to remove the city trees. Councilman Spinelli noted with removal of the Eucalyptus trees the Liquidamber would do better. Mayor Harrison opened the public hearing. The appellant was not present. There were no comments and the hearing was closed. Councilwoman Knight said the sidewalk was uprooted; she thought Davidian liked the Liquidamber Vice Mayor O'Mahony said the city should not have to pay for removal. Vice Mayor O'Mahony moved to uphold the Beautification Commission decision. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - APPEAL FOR SIGN EXCEPTIONS FOR RED ROOF INN AT 777 AIRPORT BOULEVARD - APPROVED City Planner reviewed her memo of November 27 which recommended council hold a public hearing and take action. Red Roof Inns is requesting a sign exception for 777 Airport Boulevard 41? The site was previously a Days Inn. The proposed sign program requires four sign exceptions: 1) for number of signs, they request four (two are allowed for a total of 200 SF); 2) for size on the primary frontage, 285 SF requested (200 SF allowed) 3) for height, no signs are allowed above the 4th floor, they are request a wall sign which spans vertically the 3rd, 4th and 5th floors on three frontages and 4) for a sign facing Sanchez Lagoon (the freeway is across the lagoon) when no signs are allowed to face a lagoon. The Planning Commission approved the requests with three amend- ments, a 33 inch font size for all wall signs (48 inch proposed), a single face pole sign instead of double on the Anza frontage and limit the monument sign on Airport to the same size as presently on site. The applicants appealed to council. Mayor Harrison opened the public hearing. Mark Albertson, applicant and architect for Red Roof Inn, stated the present building is outdated and needs upgrading inside and out; the structural "hood" is an architectural identification for this hotel chain; he introduced a representative from the sign company. Sheri Wolf explained the specifics of the signs; said size of fonts is crucial to identifica- tion facing the freeway; they would like 48 inch letters facing the freeway on the side and rear of the building; other hotels have much more signage and Red Roof needs these signs to compete. Gary Snow, local Red Roof manager, said this hotel is first Northern California site; customers have complained about difficulty finding the site, need signs for identification. The hearing was closed. Council thanked Wolf for her comments; noted with the sound wall, most nearby residents wouldn't see the signs. Councilman Spinelli moved approval of the sign exceptions with conditions and that the side and rear signs be 48 inch font letters, the other wall sign on the primary frontage be 33 inch font letters, the monument sign be installed as proposed and the sign facing Anza have a single face. Seconded by Vice Mayor O'Mahony and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1535 REVISING SOLID WASTE COLLECTION AND DISPOSAL City Attorney reviewed his memo of October 13 which recommended council hold a public hearing and adopt the ordinance. Our existing ordinance was adopted in 1959. We have a problem with organized theft of recyclables; this is a concern since BFI bases their rate structure on the value of these materials. The proposed ordinance establishes modern definitions and requirements for waste collection and enforcement of violations; makes provisions for location for containers; makes it a crime to steal recyclables. Council pointed out some typographical errors. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilman Spinelli moved adoption of ORDINANCE 1535. Seconded by Vice Mayor O'Mahony and carried unanimously. PUBLIC COMMENTS Allison Jenkins, president of a condominium association, relayed concerns about the sewer capacity in her area of El Camino Real where a new condo was being built. Residents in her building have had raw sewage back up into their units; they were told the line was damaged; they received a letter from Public Works that a new "cleanout" has been installed; noted a new sewer was being installed on El Camino from Hillside to Easton which is one block from their building. Another resident of that building was also present and expressed similar concerns. Public Works Director reported that the new cleanout and placing on a regular cleanout schedule should keep this problem from repeating itself. 413 APPEAL ON REOUEST FOR STOP SIGNS AT INTERSECTION OF RAY DRIVE AND DAVIS DRIVE - APPROVED Public Works Director reviewed his memo of November 27 which recommended council consider - this request for stop signs at the intersection of Ray and Davis. Michael Thompson made the request which was considered by the TSP Commission on November 9. The commission recom- mended against the request because of no recorded accidents and low volume of traffic. Council- woman Knight asked about the yield sign at the site; staff noted sign has been there some time and there should be street marking. Mayor Harrison mentioned the tree is blocking sight of the sign. Michael Thompson, 2224 Davis Drive, asked support for a stop sign; he was glad there were no reported accidents, but he lives at the corner and sees and hears "near misses" every day; he was very concerned about all the children who live in the area; because of the odd angle of the intersection it is very difficult to see oncoming traffic. Six residents also spoke in favor; unique blind intersection; there are more children and more cars now; a dog was hit at the site; drove through without seeing the yield sign; have to drive into the intersection to see traffic; 32 children live in area and children walk through intersection to schools; years ago was involved in an accident at the same intersection and asked for a stop sign then; this is the only street out of the area and it acts like a funnel. They all asked for a stop sign. Vice Mayor O'Mahony would like to have the police check the area, she was impressed with what these residents said; she would support a stop sign. Councilwoman Janney drove through the area today; she reviewed the history of the area which was designed so a motorist could not drive through the subdivision; she had been involved in an accident at a similar intersection. Council- woman Knight thought we all have a "pet" intersection at which we would like a stop sign; she recalled someone saying "city should install stop signs at all intersection and then let residents come in to request removal"; she suggested a crosswalk be installed as recortmended by TSP. Mayor Harrison wondered if a stop sign on Ray would solve the problem and a crosswalk at stop sign and also at the left. Councilman Spinelli asked, from the traffic control point of view, if there was any reason not to put stop sign. Staff said no, but there were no warrants and people tend to go through stop signs they feel are not warranted; staff reviewed procedure for installation, with road markings and sign being covered for a time for people to get used to it. Councilman Spinelli moved to install stop sign and crosswalks as discussed. Seconded by Council- woman Janney and carried unanimously. REVIEW OF AMUSEMENT PERMIT FOR BEHAN'S IRISH PUB. 1327 BROADWAY City Attorney reviewed his memo of November 29 which recommended council approve renewal of this permit until June 1996. [.ast June council reviewed all amusement permits and renewed Behan's for only six months because of large number of police calls for service. While there are still a number of calls for service, the management is cooperative and attempts to control problems before they require police attention. The police recommended renewal for another six months. Vice Mayor O'Mahony moved approval of renewal until June 1996. Seconded by Councilwoman Janney and carried unanimously. 41: COMMISSION APPLICANTS AND APPOINTMENTS Mayor Harrison reviewed the City Manager's memo of November 28 which recommended council appoint interview teams and schedule interviews. Mayor Harrison noted there are only the two incumbents applying for Beautification, he recommended reappointment of McGowan and Root. Councilman Spinelli moved to reappoint William McGowan and Carolyn Root to Beautification. Seconded by Councilwoman Janney and carried unanimously. Mayor Harrison appointed council interview teams: Park and Recreation, Vice Mayor O'Mahony and Councilman Spinelli; Traffic, Safety and Parking, Vice Mayor O'Mahony and Councilman Spinelli; Civil Service, Councilwoman Ifuight and Mayor Harrison; Senior, Councilwoman Janney and Councilwoman Knight. He requested interviews be scheduled in January after the holidays. Mayor Harrison distributed a proposed list of assignments for 1996. After review Vice Mayor O'Mahony moved approval of the list as proposed. Seconded by Councilwoman Janney and carried unanimously. CANCELLATION OF MEETING Council unanimously concurred in canceling the Regular Meeting scheduled for December 19, 1995 CITY COUNCIL CALENDAR FOR 1996 Council reviewed the proposed City Council Calendar for 1996. Vice Mayor O'Mahony noted she would miss the January 2 meeting; other council members discussed some possible conflicts but decided to consider any changes at a later time. Councilwoman Janney moved approval of the City Council Calendar for 1996. Seconded by Councilman Spinelli and carried unanimously. CONSENT CALENDAR Council discussed "e, h and j." Regarding "e" amending the Library architect agreement, Vice Mayor O'Mahony was very concerned about an amendment and the high cost of this architect. Staff related the amendment was because of the delay in the developing the contract for construction and the construction delay, the architect will need to extend work for several more months; the design overrun is about 8 percent which is a little high. Vice Mayor O'Mahony said in the future we should not be too restrictive and specific in the contract. Staff noted it was because of the extra work of the architect that we received such good bids for construction of the project. Regarding "h" Mayor Harrison asked a copy of the ISTEA funding resolution be sent to Supervisor Huening. Regarding "j" Councilwoman Knight asked if neighbors had been notified about these changes in the girls softball use at Ray Park. Staff informed council that all the neighbors had been notified about the commission meeting and none chose to attend. INTRODUCTION OF ORDINANCE 1536 ADOPTING THE 1994 UNIFORM FIRE CODE City Attorney's memo of November 2 recommended council introduce this ordinance and set public hearing for January 2. Every few years the state adopts new Uniform Codes which in turn become the codes of cities and counties. We are allowed to adopt our local amendments to those codes. The proposed ordinance makes our amendments to the Uniform Fire Code. a CITY COUNCIL COMMITTEE ASSIGNMENTS 415 b The proposed ordinance deletes the current Fire Code and adopts a whole new one because the numbering system has changed and we need to renumber our sections. There is only one new amendment and that is requiring that fumigating contractors have 24 hourr supervision and a telephone available at all times. RESOLUTION 88.95 EXCHANGING FEDERAL AID URBAN GAU) FUNDS FOR MEASURE A FUNDS Public Works memo of November 28 recommended council approve an agreement with the Transportation Authority for the transfer of our FAU funds to the Authority in exchange for Measure A funds. The Measure A funds are free of all Federal regulations and reporting requirements and can be used for any street purposes. The authority will take a 5 percent administrative fee which is very reasonable compared to fees other agencies have charged in the past. Burlingame would receive $799,445 which would then be used for the Broadway Interchange area. The money could be used as local match for the pedestrian bike bridge across the freeway or the grade separation of the railroad at Broadway. RESOLUTION 89-95 AWARDING CONTRACT FOR LIBRARY RECONSTRUCTION PROJECT - CP 9305 Public Works memo of November 29 recommended council award this contract for the Library reconstruction to Dennis J. Amoroso Construction Company in the amount of $9,215,655. RESOLUTION 90-95 AMENDING CONTRACT FOR LIBRARY CONSTRUCTION MANAGEMENT SERVICES - CP 9305 Public Works memo of November 29 recommended council approve an amendment to the contract with Sampson Associates in the amount of $306,906 for library construction management and on-site inspection for 20 months of construction time and the move back into the new library. RESOLUTION 91-95 AMENDING AGREEMENT WITH ARCHITECT FOR LIBRARY RECONSTRUCTION - CP 9305 Public Works memo of November 29 recommended council approve an amendment to the agreement with Group 4 Architecture in the amount of $79,884 for added design work and $70,000 for longer construction oversight time, for a total cost of $149,884. RESOLUTION 92-95 AUTHORIZING AGREEMENT FOR SERVICES - LANDFILL CLOSURE - CP 9117 Public Works memo of November 28 recommended council approve an agreement with Landfill Systems Engineering in the amount of $29,000 to train our Wastewater Treatment Plant personnel (Wheelabrator EOS personnel) for routine operation and maintenance of the new Landfill Gas (LFG) System at the former city dump site. c e f d. 416 ob RESOLUTION 93-95 AMENDING AGREEMENT FOR LANDFILL REGRADING AND GAS SYSTEM INSTALLATION - CP 9117 Public Works memo of November 28 recommended council approve an amendment to the agreement with Woodward-Clyde Consultants in the amount of $193,400 for additional construction management services. The landfill grading and gas system installation had been expected to take 31 weeks of construction but now work is expected to last 43 weeks. RESOLUTION 94-95 AUTHORIZING STAFF TO SUBMIT ISTEA/STP AND ISTEA/TEA SECOND ROUND 1995 FUNDING APPLICATION Public Works memo of November 27 recommended council approve application for Federal funding under categories of the Federal Intermodal Surface Transportation Efficiency Act (ISTEA), the Surface Transportation Program (STP), and the Transportation Enhancement Activities (TEA) program. i. AUTHORIZING OUT-OF-STATE TRAVEL FOR THREE LIBRARY EMPLOYEES City Librarian's memo of November 20 recommended council approve three employee's attendance at the Public Library Association Conference in Portland Oregon in March 1996 at a cost of $1,227. i. APPROVE POLICY REGARDING GIRLS SOFTBALL LEAGUE USE AT RAY PARKJ' k.DENIAL OF CLAIMS: (1) VICTOR FREEMAN: (2) DEBBI FRIER: (3) CARMEN MUSCAT City Attorney's memos of November 10, 5 and 21 respectively recommended denial of these three claims for trips and falls on sidewalks. REOUEST FROM CHAMBER OF COMMERCE FOR ONE HOUR FREE PARKING FROM THANKSGIVING THROUGH NEW YEAR'S DAY The Chamber of Commerce's letter of November 20 requested council again grant one hour free parking in the shopping districts from Thanksgiving through January l, L996. m.T1 Public Works memo of November 29 recommended council approve this permit for a picket fence subject to standard conditions. FINAL CONDOMINIUM MAI' FOR FOLTR UNITS AT 1273 EL CAMINO REAL Public Works memo of November 15 recommended council concur with the Planning Commission and approve this map. h. n. Recreation Director's memo of November 30 recommended council approve a policy for Burlingame Girl's Softball Use at Ray Park as recommended by the Park and Recreation Commission at its meeting in November. l. 417 O. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 40659 - 41265, duly audited, in the amount of $1,180,609.21and Payroll Checks 80768 - 81506 for the month of October 1995 in the amount of $1,250,4l3.74. Councilman Spinelli moved approval of the Consent Calendar. Seconded by Vice Mayor O'Mahony and carried unanimously. Councilwoman Knight reported on the SamTrans meeting, she noted a number of Village Park residents were present; she also commented on need to inform people about the impact of the BART tailtrack and Millbrae Station on them. Councilman Spinelli expressed concern about graffiti and on a sign on the 101 Broadway offramp. OLD BUSINESS Councilwoman Knight said the site of the fire east of 101 is covered in graffiti. Staff noted the shell had recently been painted and reconstruction is starting; staff will inform the owners. NEW BUSINESS Mayor Harrison informed staff that the library parking structure's elevator and stair well are being used as a public toilet; there are also several lights out. Councilman Spinelli mentioned the stucco is cracked. Mayor Harrison acknowledged a letter from businesses in the Avenue Arcade regarding loitering and gangs. He asked the police to patrol and cite these people. ACKNOWLEDGEMENTS a. Commission Minutes: Park and Recreation, October 19 and November 16; Broadway BID, October 10; Traffic, Safety and Parking, November 9; Beautification, November 2; Senior, November 16; Planning, November 13 and November 27,1995. b. Department Reports: Building, October 1995; Treasurer, October 31, 1995. c. lrtter from City of Palm Springs regarding electrical utilities. d. lrtter from Joe Karp regarding possibility of a trade of properties. Council asked staff to look into the value of both sites for further consideration. e. Annual report from Wheelabrator EOS. f. ktter from Barbara Ferrera regarding deteriorating sewer lines on El Camino and a new condo project. g. Irtter from ko Giorgetti expressing support for the BART line to SFO/Millbrae. COUNCIL COMMITTEE REPORTS 418 h. ktter from George and Marilyn Canon regarding an illegally converted four unit rental structure. City Attomey said he would report back to council regarding this property. ADJOURNMENT The meeting was regularly adjourned at 10:24 p.m. Judith A. Malfatti City Clerk