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HomeMy WebLinkAboutMin - CC - 1996.05.204Bs BURLINGAME, CALIF'ORNIA }.day 20,1996 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 at7:02 p.m.by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG I-ed by Police Officer Brian McKague, President of the Police Officers Association. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI (Knight left the meeting at7:48 p.m.) NONE MINUTES The minutes of the Regular Meeting of May 6, 1996 were approved unanimously Mayor Harrison said Police Officer Brian McKague had a presentation to make to council. Officer McKague, as President of the Police Officers Association (POA), thanked council members and the City Manager for the successful completion of labor negotiations and presented council members with an "official" POA t-shirt. PUBLIC HEARING - SECOND READING - ORDINANCE 1543 REVISING REGULATIONS FOR THE M-l GIGHT INDUSTRIAL) DISTRICT - CONTINUED City Planner reviewed her memo of April 29 which recommended council hold a public hearing and take action on this ordinance for new regulations for the M-1 (Light Industrial) district and related regulations as recorlmended by the Planning Commission. In 1993 the council was approached by some property owners in the Rollins Road area asking that council appoint a committee to review and modernize the uses and property development standards in the M-l district. Council appointed a committee of five representatives from the area to work with the City Planner: Herman Christen- sen, property owner and manager; Michael Coffey, commercial realtor; Dick Lavenstein, property owner and manager; Curt Schulze, manufacturer; and Terry Timberlake, property manager for a manufacturer. In October 1995 the committee reported to the Planning Commission on a proposed draft of revisions to the M-l district. The commission studied the draft for several months and made several changes. The recommended ordinance being introduced reflects the consensus among the members of the Planning Commission after reviewing the draft presented by the committee. Mayor Harrison opened the public hearing. Art Michaels of Hillsborough, owner of property in the M-1 district, requested amendment to proposed Section 25.44.045 to allow uses similar to those listed in that section to be allowed as conditional uses in drainage easements. Mayor Harrison said he had met with the Michaels regarding their property and the easement they purchased; they would PRESENTATION BY POLICE OFFICERS ASSOCIATION 486 like to make some use it. Michaels said separate from his concern about use in drainage easements, he wanted to comment on car rental agencies in M-1. The Planning Commission deleted rental car uses in the district. He noted there are a couple car rental facilities there now and they have caused no problems to him as a business owner. Dick Lavenstein, 1490 Bayshore and a member of the M-l committee, introduced other members of the M-1 committee in the audience; he reviewed his letter dated May 14 which requested council to consider some modifications to the proposed ordinance: regarding the limitation of 50 percent gross floor area for office use; waiving the requirement for 10 foot side setback for lots north of Easton Creek to Mills Creek and not allowing outdoor storage in front of businesses in the area north of Easton Creek to Mills Creek, except along Rollins Road; modification of retail sales as an accessory use and definition of accessory use; retail sales as a free standing use for specialty providers for the construction industry with a maximum size of 1500 SF; increasing the maximum size of food establishments and allowing them in single use buildings; and including the general public as users in the definition of service business. Mayor Harrison said the M-l committee was formed two years ago and has held numerous meetings with the City Planner to help the city streamline regulations and better utilize the M-l area. The hearing was closed. Council discussed at length; Mayor Harrison said city's tax base would be enhanced by rental car business as a conditional use, it's the biggest single tax contributor, he would like to see it as a conditional use in M-L area. Councilwoman Knight said she would have to leave early tonight because her son is graduating from high school and tonight is awards night; she said she had met with committee members, noted she would not be opposed to holding off action on this ordinance to another meeting. She noted generally she approved of Lavenstein's and the committee's recommen- dations, she objected to a food establishment with tables and chairs outside, looks like it's trying to become a destination restaurant; food establishments should be limited to no weekends and close at end of business hours. Mayor Harrison said perhaps the restaurant needs more space, he had no problem with the size of restaurants suggested. Other council members also supported some of the committee's requests. Vice Mayor O'Mahony said food establishments should be located in areas where there are large pockets of employment, would have no effect on nearby commercial areas because they would be closed after business hours. She agreed that with present change in the industrial environment many businesses would need more then 50 percent office. Staff explained Public Works' concerns about the capacity of Broadway interchange and the Broadway/Rollins Road intersection and access to the M-1 area. She noted that Public Works agreed if parking were provided on site for all office provided then the increase in office over 20 percent overall would have an insignificant impact on the Broadway interchange and Broadway/Rollins intersection. However, if undevelopable areas such as the drainage easement were allowed to be used for parking, so adjacent land outside the flood plain could be developed in more office, or if parking variances were granted so that sites could intensify office, then the interchange and intersection would soon exceed capacity and all development in the industrial area would be negatively affected. City Attorney clarified possible misconception about office use as presented, 50 percent is permitted and a conditional use permit could be requested for 50 to 100 percent on a given site. Vice Mayor O'Mahony would also like to see rental car business as conditional use, movement of cars can be controlled; with scarcity of land we need to watch our funding sources; would like to see some use of the PG&E easements which are sitting fallow. City Planner reviewed Michaels' situation which is a drainage easement and how the regulations would affect it and PG&E easements in the area. 487 Councilwoman Knight left the meeting at this time, 7:48 p.m. Council discussed car rental business and proposed access directly to airport via Millbrae Avenue. City Manager noted car rental agencies bring in funds only if contracts are written in Burlingame. The uncertain presence of BART on the M-l district was noted. Staff will put council comments, suggestions and proposed changes together in a revised draft of the district regulations for the next meeting on June 3, L996. Councilwoman Janney mentioned the importance of working on a grade separation at Broadway to assist with traffic mitigation. Mayor Harrison announced the ordinance would come back to the next meeting, June 3, for another public hearing. He thanked the M-1 committee for its work on the ordinance. PUBLIC HEARING - APPEAL OF BEAUTIFICATION COMMISSION'S DENIAL OF A REOUEST TO REMOVE THREE TREES FROM THE MILLBRAE CALTRAIN PARKING LOT ON CALIFORNIA DRIVE - DENIED WITHOUT PREIUDICE Acting Park and Recreation Director Williams reviewed the retired Park Director's memo of May 10 which recommended council hold a public hearing and take action regarding the Beautification Commission's decision to deny the request from the Joint Powers Board to remove three Casuarina trees on the city right-of-way adjacent to the parking lot of the Millbrae Caltrain station. The commission felt there were several alternatives to removing the trees and denied the request. Mayor Harrison opened the public hearing. Dave Greenaway, representing the JPB, explained that traffic traveling north on California at the Millbrae Caltrain Station had no sight line for autos exiting the driveway; they would like to remove two or three trees. Council discussed JPB plans to restripe the lot and pave; discussed the fact that this was an entrance only driveway and cars should not be using it as an exit; wondered how far south they plan to pave for additional parking; the curb cut could be further south if there are fewer trees; is traffic going one way in parking lot or two way; have they studied any other alternatives. Greenaway asked council if he could go back to the Beautification Commission to remove two trees if council denies this request to remove three trees. The hearing was closed. Councilman Spinelli said he would like to know the number of trees affected if the driveway was moved further south; there is a new residential area across the street and trees act as visual screen for the parking area; he would like JPB to bring back some alternatives. Councilman Spinelli moved to deny without prejudice and allow the JPB to come back to council with alternatives. The motion was seconded and carried unanimously 4-0-1, Councilwoman Knight absent. PUBLIC HEARING - RESOLUTION 28-96 EXTENDING CABLE TELEVISION FRANCHISE OF PACIFIC CABLE TELEVISION FOR ONE YEAR City Manager reviewed his memo of May 10 and recommended council hold a public hearing and take action. Pacific Cable Television has requested a one year extension of its franchise to allow for the completion of the transfer of Pacific Cable to TCI and negotiation of a new franchise with TCI. Under federal law, the city has only limited discretion to deny franchise renewal or transfer based on specific standards which are subject to judicial review. After the public hearing council should adopt the resolution extending the franchise under the existing terms until June 24, 1997. Mayor Harrison opened the public hearing. Susan Adam, Pacific Cable, said this agreement will allow council the oppornrnity to negotiate a new franchise agreement with TCI; she anticipated the 4BB transfer to TCI will be complete by December. Vice Mayor O'Mahony asked if they planned to provide telecommunication service. There were no other comments and the hearing was closed. Councilwoman Janney moved to approve RESOLUTION 28-96 extending the franchise for one year. Seconded by Vice Mayor O'Mahony and carried 4-0-1, Councilwoman Knight absent. PUBLIC COMMENTS - None TRANSMITTAL OF PROPOSED BUDGET FOR 1996.1997 City Manager briefly reviewed the proposed 1996-t997 budget which totals $38,323,753. He said the budget study would be held on June 5, 1996. Mayor Harrison asked if council could vote on adoption of the budget at the study meeting; staff said it could, but suggested adoption at the July 1, 1996 council meeting. Council acknowledged receipt of the proposed budget. CONSENT CALENDAR Regarding ud" 1e Easton Creek improvements, Councilman Spinelli asked if these improvements would change the status of the residential flood zone off California Drive. Regarding "c" Mayor Harrison expressed his displeasure with the sloppy sidewalk job and the lack of match in concrete color. a. RESOLUTION 29-96 CONTINUING THE SENIOR NUTRITION PROGRAM Recreation Department's memo of May 2 recommended council approve an agreement with the County of San Mateo to continue the senior nutrition program at a cost of $8,464. RESOLUTION 30-96 APPROVING RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT City Attorney's memo of May 8 recommended council approve a resolution authorizing keeping and disposing of certain records after five years. RESOLUTION 31-96 ACCEPTING COMPLETION OF 1994-95 SIDEWALK MAINTE- NANCE PROGRAM - CP 9508 Public Works memo of May 13 recommended council accept this project as completed by JJR Construction in the amount of $173,316.43. RESOLUTION 32-96 AWARDING CONTRACT FOR EASTON CREEK IMPROVE- MENTS-PHASEI-CP8331 Public Works memo of May L4 recommended council award the subject work to Progressive Pacific of Scotts Valley in the amount of $751,736. In the 1983 heavy rains, Easton Creek overtopped and flooded residential and industrial areas. This project provides a concrete channel area with an access area that will allow for debris removal. It provides an additional flow width for future channel widening both under Bayshore Highway and eventually to the bay upon future development. Two sewer force mains are also being relocated. b c d 489 (}b e DENIAL OF CLAIMS: (1) DOROTHY GIBERSON: (2) DANIEL KORFF City Attorney's memos of May 10 and May 6 respectively, recorlmend denial of the claims for (1) trip and fall and (2) tree falling on a bus in which he was a passenger. f. OUT OF STATE TRAVEL - CITY LIBRARIAN City Librarian's memo of May 6 requests attendance at the American Library Association Conference in New York at an estimated cost of $887. RESOLUTION 33-96 AUTHORIZING RENEWAL OF CONTRACT WITH SAN MATEO COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM City Manager's memo of May 15 recommended council approve the agreement renewing our participation in the CDBG Program. Through this program low income owners can receive loan assistance at reduced or no interest rates. In the past ten years 24 homeowners and 9 rental units have received loans totaling over $876,000. h.ENCROACHMENT PERMIT FOR OVERHEAD WIRES BETWEEN 858 AND 865 BURLWAY ROAD Public Works memo of May 14 recommended council approve this request subject to standard conditions and one additional condition: that all cabling shall be in one conduit or sheath with no intermediate sags. DEMOLITION OF DONNELLY BUILDINGS FOR CITY PARKING LOT For council's information, City Manager has awarded this contract under city code section 2.28, 'lnformal Bid procedures under $75,000. " This project is demolition of the two structures on Donnelly Avenue. Nine bids were received and the low bidder was R & B Equipment at a bid of $24,500. i. FINAL CONDOMINIUM MAP FOR 18 UNITS AT 1499 OAK GROVE Public Works memo of May 14 recommended council concur with the Planning Commission and approve this final map. k.RESOLUTION 34-96 AUTHORIZING AGREEMENT WITH THE BURLINGAME SCHOOL DISTRICT FOR THE SUMMER ENRICHMENT PROGRAM City Manager's memo of May 16 recommended council approve an agreement with the elementary school district for the sufilmer enrichment program, organized by the school district and assisted by the city's Recreation Department. I. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 43495 - 44039, duly audited, in the amount of $1,382,033.05 and Payroll Checks 85492 - 86218 for the month of April 1996 in the amount of $1,210,147.58. I 49c Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously 4-0-1 Councilwoman Knight absent. COUNCIL COMMITTEE REPORTS Mayor Harrison said Councilwoman Knight had handed out a written report reviewing her committee assignments. Vice Mayor O'Mahony reported on CCAG meeting. Councilman Spinelli talked about Emergency Services. Councilwoman Janney attended the Chamber Board meeting and CMAC. OLD BUSINESS - None NEW BUSINESS Mayor Harrison set an appeal hearing for June 3 on the Planning Commission's decision to deny four special permits for a second floor addition to an existing detached two car garage at 835 Walnut. Vice Mayor O'Mahony said she would like to see some code enforcement on the candy shop on Lorton which has items on the sidewalk. She also mentioned calls from residents regarding a large home and lot on Poppy which may be removed and replaced with three houses; neighbors are very concerned. City Planner said this is a large house built on three existing lots which were never merged. If the house is torn down the three lot lines will "reappear. " Council said it would like to review of any development of more than two houses. Staff will discuss options and report back to council. Mayor Harrison also mentioned he drove the area on Sunday and the two block area was having its biannual multi-family garage sale. Parking was impossible and if there had been an emergency, no fire engine could get through. Councilman Spinelli told of a luggage shop on Burlingame Avenue which is placing sale items on sidewalk and another shop in the 1400 block which has baskets on the sidewalk. City Attorney will correspond with them. Councilman Spinelli asked about the status of the house at 847 Acacia. Mayor Harrison said it has literally been "scraped" clean and neighbors should be satisfied. ACKNOWLEDGEMENTS a.Commission Minutes: Beautification, May 2; Park and Recreation, April 18; Traffic, Safety and Parking, May 9; Library Board, February 20, March 19 and April 16; Broadway BID, March 12; Planning, May 13,1996. Department Reports: Treasurer, April 30, 1996. Letter from LAFCo regarding a change proposed by the County Board of Supervisors to make it a dependent commission rather than independent of the county. Councilman Spinelli moved to send a letter in opposition to this proposed change. Seconded by Vice Mayor O'Mahony and carried unanimously. Letter from C.M. Peletz Company objecting to some of the proposed changes in the M-1 district regulations. d e ktter from California Contract Cities regarding SB 1590. b. c. 491 f. oD' h. i. Staff noted SB 1590 has been approved by the senate and is now going through the Assembly; Assemblywoman Speier may be changing her stand in opposition. Council recommended a letter. Proclamation for Public Works Week, May 19-25,1996 lrtter from Burlingame Historic Society supporting the request from the County Historical Society for funds for its new museum. Irtter from Anne Scanlan regarding unsafe conditions at 847 Acacia ktter from Hyatt Hotel proposing to rent city property to increase its parking facilities. Mayor Harrison noted this issue can be discussed with Hyatt when the Easton Creek improvements are completed. ADJOURNMENT The meeting was regularly adjourned at 8:55 p.m Judith A. Malfatti City Clerk