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HomeMy WebLinkAboutMin - CC - 1996.10.07BI,JRLINGAME, CALIF'ORNIA October 7, L996 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 7:00 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by the Mayor's wife, Dolores Harrison. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of September 16, 1996 were approved unanimously after an additionby Mayor Harrison onpage 2 under the streetscape discussion to show he "...commended Joe Karp and his architect for their beautiful new building on Howard:... " and a change on page 5 by Vice Mayor O'Mahony to show she reported on "AL{J€ Airport Roundtable". The minutes of the Study Meeting of September l'7, 1996 were approved unanimously after two changes by Vice Mayor O'Mahony on page 2 "...take-out should be considered fast food establishment." and "encroachment permit standards are not informally enforced. " PUBLIC HEARING CONTINUED TO OCTOBER 21 - APPEAL FOR TAKE-OUT FOODS SERVICES AT 14OO BURLINGAME AVENUE Mayor Harrison changed the order of the agenda to consider a request for continuance. A letter from Peter Umland and Michael O'kary requested council postpone the hearing for 1400 Burling- ame Avenue until October 21. Vice Mayor O'Mahony moved to continue it to October 21. Seconded by Councilwoman lanney and carried unanimously. PUBLIC HEARING - APPEAL FOR NEGATIVE DECLARATION AND CONDOMINIUM PERMIT FOR 18 UNITS AT 107-121 EL CAMINO REAL - TENTATIVE CONDOMINIUM MAP AND PARCEL MAP FOR SAME - DENIED WITHOUT PREIUDICE City Planner reviewed her memo of September 25 which recommended council hold a public hearing and take action. Sunshine Holdings, represented by Neil Gabbay, is requesting a negative declaration and residential condominium permit in order to build an eighteen unit, three story, multifamily structure with underground parking at 107-l2l El Camino Real. The 20,223 SF lot would be created by merging four existing lots which presently support 12 dwelling units. Three of the lots have frontage on El Camino and one is on the corner of El Camino and Newlands Avenue. The proposed structure would contain one one-bedroom, 8 two-bedroom and 9 three-bedroom units. Forty parking spaces would be provided below grade, five of them designated for guests, and all would be behind a security gate. A back-up, turning area would be provided outside the gate. At 45 the April 8 Planning Commission meeting, the commission approved the negative declaration and denied this project without prejudice and recommended denial of the maps. Among the commis- sion's concerns: the driveway should come off of Newlands, the front of the lot should be El Camino and five parking spaces should be designated for guests plus five spaces in addition to the required parking spaces should be provided. The Public Work's memo of October 2 recommended council consider the maps with conditions. City Planner acknowledged several letters from residents in opposition which were received after preparation of the staff report. Mayor Harrison also noted a letter from Charles Kavanaugh and Kent Seavey concerning the project. Councilman Spinelli asked about rear/side easements for utilities, staff explained that new developments are required to install all utilities underground. Mayor Harrison opened the public hearing. John Ward, project manager and consultant represent- ing the applicants, apologized for the continuances and noted he was hired after the Planning Commission action and needed time to evaluate the project; commended the city for its planning, this is a well balanced community with large percentage of high density housing; El Camino corridor is R-3 zoned; there is only one single family home zoned R-l adjacent to the project; with Newlands as side yard would have minimumT.5 foot setback; suggested making 8 parking spaces for guests outside the security gate by relocating the gate inside the below grade garage and adding a walkway to create a better flow for the open space; he presented a letter with new proposals to make sidewalks from Newlands to Cypress 6 feet wide on El Camino, improve all storm drains, curbs and gutters with Caltrans' permission; he met with neighbors and had signatures from 101 residents who had no objection to the project. He responded to questions from Councilman Spinelli regarding moving the driveway to Newlands and the steepness of its slope and resulting loss of 4 parking spaces in the garage any reduction in number of units would affect the economics of the entire project; they propose "right turn only" onto El Camino from the driveway. Kent Seavey reviewed his letter which stated there was no unique historic significance to the buildings on site. Speaking in opposition: Charles Rosebrook, 1529 Cypress; Cathy Baylock, 1527 Newlands; Dorothy Murray, 1525 Newlands; Linda Abbey, 2415 Adeline; Suzy Kunda-Critkovic, 144 Costa Rica; Marilyn Canon, 1545 Howard; Howard Page, 111 Central; and two residents on Cypress. Their cofirments: condo would cause parking problems on adjacent streets; dangerous five-way intersection; will impact sewer and water; showed photos of buildings to be demolished and also small houses in area, large condo would not fit into neighborhood; developer threatens with either condo or apartment; height does not include elevator and equipment on roof; not enough guest parking provided at project; concern about impact on schools; object to demolishing beautiful old historic homes; object to guest parking behind gate, guests will not park there; thought apartment projects should also be required to have hearings; too many units; looks like Taco Bell, we need some type of aesthetic review. Ward said a flyer distributed to neighbors claimed the project was 45,000 SF in size, which is incorrect, whomever produced the flyer included the below grade garage in size; with the market for these size condos there will be few if any families with children; noted the Planning Commission approved the negative declaration which says there are no significant environmental impacts; the minor revisions they propose will not affect the negative declaration. Neil Gabbay showed plan of the garage with new gate to allow guest parking outside the gate, and a better flow between exterior open space areas. Councilman Spinelli was concerned about the slope of ramp and visibility and trees on El Camino when exiting the garage. Ward responded there are no trees between the project driveway and corner of Newlands on El Camino, there is a 200 foot sight line; project meets or October 7, 1996 46 Burlingame City Council exceeds all code requirements; he requested approval. Howard Page, previous speaker, said he was still concerned about the slope of the driveway off El Camino. The hearing was closed. Council members had all visited the site and met with the developers. Councilwoman Knight said the property owners have a right to build as zoned, but she was still concerned about the mass and bulk of the project, she would uphold the Planning Commission. Councilman Spinelli agreed and was also very concerned about the slope of the ramp and driveway location on El Camino, it should be on Newlands. Councilwoman Janney took the opposite view and could support the project, it would upgrade the area. Vice Mayor O'Mahony agreed with Councilman Spinelli, the driveway lies on a major traffic corridor; project changes the neighborhood; concern about garage and parking spaces; approve of the new gutter, curb and sidewalk plans; if we work through the problems we can have a building to enhance the area. Mayor Harrison noted majority of council would like to see the project scaled back; council could deny without prejudice, see new plans come back to council with curbs, guffers, sidewalk changes and all the Planning Commission concerns addressed. Councilwoman Knight moved to deny the project without prejudice, including the negative declaration and maps, and to ask the developer to bring back plans directly to council incorporating Kavanaugh's proposals and other concerns expressed by council, noting the orientation of the new lot would stay the same but use Newlands frontage for the driveway and the setbacks would remain as had been stated in the original plans. Seconded by Vice Mayor O'Mahony and carried unani- mously. PUBLIC HEARING - URGENCY ORDINANCE 1555 PROHIBITING MOVING A FOOD ESTABLISHMENT PERMIT AND HALTING THE ISSUANCE OF TAKE-OUT FOODS SERVICES PERMITS IN THE BURLINGAME AVENUE COMMERCIAL AREA. SUBAREA A City Planner reviewed her memo of September 27 which recommended council hold a public hearing and take action. At the September study meeting, council discussed the problems created by take-out service food businesses in the Burlingame Avenue area and directed staff to prepare an urgency ordinance for consideration. Council felt the focus of the problem was in Subarea A of the Burlingame Avenue Commercial Area and involved take-out service food and the relocation of existing food establishments from one location to another. The proposed ordinance prohibits granting of permits for new or expanded take-out food service permits in Subarea A and prevents staff from accepting any applications for relocating a food establishment from one location to another in Subarea A. Mayor Harrison opened the public hearing. Carol Groom, President of the Chamber of Commerce, and Vince Muzzi, 1766 El Camino, spoke in opposition: need to give notice to merchants so they can speak to the issue; need public input, object to moratoriums. The hearing was closed. Council discussed: support the moratorium; it is only for 45 days; this moratorium is in response to concer6 of merchants, members of the Chamber, and residents who object to the mess and litter on the Avenue; does not affect existing establishments. Councilman Spinelli moved to adopt URGENCY ORDINANCE 1555. Seconded by Vice Mayor O'Mahony and carried unanimously. Burlingame City Council 47 October 7, L996 PUBLIC HEARING - SECOND READING - ORDINANCE 1554 AMENDING PARKING TIME LIMITS ON PALOMA AVENUE NORTH OF BROADWAY City Engineer reviewed the memo of September 10 which recommended council hold a public hearing and take action. At the request of residents on Paloma Avenue, the TSP commission considered a change in the ordinance designating two hour parking along Paloma north of Broad- way. They recommended the two hour signs be removed but the poles remain in case the residents change their minds. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Vice Mayor O'Mahony moved to adopt ORDINANCE 1554. Seconded by Councilman Spinelli and carried unanimously. PUBLIC COMMENTS Rollins Road sidewalks Roger Jackson, resident of San Mateo and property owner in Burlingame, complained about the lack of sidewalks on Rollins Road; he appeared before council two years ago regarding the same subject and thought there would be improvement by this time; it is dangerous for people to be forced to walk into the street to avoid shrubs, trees and other obstacles on that street; traffic is heavy and fast. Council recalled the earlier discussion; staff hoped the sidewalk project would begin in L997. BART Speaking in opposition to the BART agreement: Todd Becker, 2Ll6 Hillside; Harriette Fitzpatrick, 1100 Clovelly; Irv Amstrup,2708 Trousdale; Terr),Huebner, 1708 Davis; Marilyn Canon, 1545 Howard; Ernie Hills, 2278 Shasta, San Mateo; Jeff Carter, L720 Adeline; Glenn Mendelson, 1816 Barroilhet, who presented a written copy of his statement; Adam Mickevicius, 2726 El Prado; and Bob Johnson, resident: noted BART does not have the funds to proceed; signing agreement will give BART a document saying it has agreement from opponent; signing would give BART a powerful propaganda tool to use in Washington DC; BART uses different standards in West Bay than in East Bay; Willie Brown and Quentin Kopp want to see BART go all the way down Peninsula; BART says it will not impact traffic but have never seen any traffic studies; not enough notice to the public about this agreement coming to council; BART proposes to eliminate Caltrain; Caltrain is better and faster to San Francisco than BART; spoke of crime at BART stations and "end of line" cities, will be bad for our city. Speaking in favor of the BART agreement: Karen Key, l4l2 Drake; Carol Groom, President of the Chamber; and John Root, 1471 Montero; noting BART is coming and we can get more for our city by signing the agreement, but we need to review the fine print. Broadway sign permit David Hinckle, Broadway merchant, spoke to the letter listed under acknowledgements from Broadway Cleaners about this new merchant's perception of being treated unfairly because of a sign code enforcement action; the new merchant is willing to comply but would like to see the sign code enforced uniformly for all business in the area. PROPOSED AGREEMENT WITH BAY AREA RAPID TRANSIT DISTRICT (BART) FOR CONSTRUCTION OF IMPROVEMENTS IN BURLINGAME City Planner's memo of October 7 recommended council consider the agreement with BART as discussed between city staff and BART staff over the past several months. Besides addressing the October 7, 1996 48 Burlingame City Council legal aspects of a contract, the agreement reviews what BART intends to do to address the required mitigation cited in the EIR, describes project features unique to Burlingame and reviews commit- ments BART will make to the city to address items not covered in the agreement. City Manager noted staff has met with BART representatives over the last year as directed by council; BART says there will be very limited impact on our city; they can build whether or not the city approves this agreement; BART has not been willing to address some of our concerns regarding traffic and noise; BART and Samtrans have the authority to build without our cooperation, question is should we cooperate and get the best we can from BART or should we do nothing. Mayor Harrison noted the agreement arrived on October 1 in time to place on the council agenda. Councilwoman Knight wondered how BART can go to bid when they do not have the funding, what kind of agreement would they have with their contractors; think this agreement is very premature, making a decision before they have the funding to do the work. Councilman Spinelli said the way the contract reads they can start before they have funding, contract says the work will commence in 1996; noted BART does not have an agreement with the airport. Staff noted BART can proceed with this work without our agreement. Vice Mayor O'Mahony would like to see undergrounding of the tailtrack in Burlingame and any future track through Burlingame; told about Colma's experience with tailtrack; we need remuneration for impacts; said we can see the writing on the wall, ultimately it's going to happen; this agreement is premature; we have the chance to make BART give us more remuneration before we sign. Councilwoman Janney said we need to look at the long range picture, we have no legal oversite; decision will be made by others and we will have to live with their decisions; we can cooperate now and get the best deal for the city; this agreement is just about mitigation for the tailtrack; she could support. Mayor Harrison noted council has favored the one- stop station at the airport and agreed not to join the law suit against BART; he agreed with Councilwoman Janney, this project is inevitable; if council turns this agreement down, he would suggest a sub-committee of Vice Mayor O'Mahony and Councilwoman Janney to meet with BART. Councilwoman Knight moved not to sign this agreement with BART. Seconded by Councilman Spinelli who addressed some parts of the agreement to which he objected. Council briefly discussed tabling the matter. The motion carried on voice vote 3-2, Mayor Harrison and Councilwoman Janney voting no. PROPOSED STREETSCAPE IMPLEMENTATION STRATEGY City Manager reviewed his memo of September 30 which recommended council review the suggested action and direct staff. On September 16 and 17 council discussed approaches to implementing portions of the streetscape master plan and the need to upgrade the cleanliness of our downtown areas. The streetscape committees have recommended appointing a finance committee to explore funding sources including assessment and business improvement districts. Some actions reCommended are (1) reactivate parking meters on Burlingame Avenue and Broadway, and make cost 25 cents per hour; (2) begin a six month trial of Sunday garbage pickup in the commercial areas; (3) increase frequency of cleaning of parking lots and planter boxes; (4) seek proposals for cleaning of sidewalks; (5) increase enforcement of conditions on take-out permits and sidewalk encroachment permits requiring maintenance; (6) field test new trash containers and benches; and (7) add a downtown improvement fund to the 1997-98 capital improvement program. Regarding the Streetscape Finance Committee, Vice Mayor O'Mahony suggested David Hinckle, Broadway merchant, and Councilman Spinelli suggested Finance Director Rahn Becker be appointed Burlingame City Council 49 October 7, 1.996 to the Committee along with Frank Pagliaro, Martin Dreiling and Sam Malouf. Council concurred with the committee member suggestion and with staff recommendations for implementation. COMMISSIONER APPOINTMENTS City Manager reviewed his memo of October 1 regarding applicants to various commissions. He recommended council schedule interviews or extend deadline. Mayor Harrison suggested the incumbents be reappointed to Beautification, Civil Service, Mosquito Abatement, and Park and Recreation Commissions, council concurred. He appointed Vice Mayor O'Mahony and Councilman Spinelli to interview for Traffic Safety and Parking. Councilwoman Knight said she would like to see the applicants for Park & Recreation also interviewed for the TSP Commission, she would like to see a woman on that commission. Staff will inquire if the candidates are interested. RESOLUTION 79-96 AUTHONZING APPLICATION TO LAFCo FOR REVIEW AND EXTEN- SION OF WATER SERVICE TO THE BURLINGAME HILLS AREA City Attorney's memo of September 16 recommended council approve this application to LAFCo. In 1993 the state legislature passed a law which requires approval of LAFCo before a city may extend services outside its boundaries. Since the crty provides water and sewer service to the Burlingame Hills unincorporated area, the city would have to make application to LAFCo each time city water service is extended a new home in Burlingame Hills. The county estimates there are 193.5 acres of undeveloped land with potential of 36 to 46 new houses in the unincorporated area served by Burlingame water. The county suggests that the expense of individual applications could be avoided by doing a single application for all potential service to the Hills area. The city will pay a fee to LAFCo of $2,500 for this application which we will recover by prorating it to new connections as they come in. Councilwoman Knight moved to adopt RESOLUTION 79-96. Seconded by Councilman Spinelli and carried unanimously. AMENDMENT OF AMUSEMENT PERMIT TO ALLOW CHARITY EVENTS AT TAVERN GRILL. 1448 BURLINGAME AVENUE City Attorney reviewed his memo of September 23 which recommended council review the request and take action. Timothy Harmon of Tavern Grill is requesting an amendment to the Amusement Permit to allow special fundraising events to be held at their location. The city attorney and police have discussed and agreed on the following condition: '...the applicant may hold no more than two charity events with live auctions and/or advance ticket sales in any month. Such events must first be approved by the Chief of Police and shall be subject to all security and occupation conditions of this permit, as well as any other conditions which may be established by the Chief of Police. " He recommended council approve this language as an additional condition of their permit. Councilman Spinelli rnoved approval as recommended. Seconded by Councilwoman Janney and carried unanimously. NOTICE OF TERMINATION OF LIABILITY COVERAGE AGREEMENT WITH ABAG PLAN City Attorney reviewed his memo of September 25 which recommended council give notice of termination. In 1992 the city joined ABAG Plan for our liability coverage. He and our finance October 7, 1996 50 Burlingame City Council a. director have some problems with the premium costs, dividend procedures and investment policy. The agreement with ABAG provides that we give notice to terminate the contract by January l, 1997. Staff will explore alternative coverage during the next few months. If we wish to remain with ABAG, we can rescind the notice before June 30, 1997. Councilman Spinelli moved approval of staff recommendation. Seconded by Councilwoman Janney and carried unanimously. FOR CITY ATTORNEY City Manager reviewed his memo of October 1 which recommended council schedule a special meeting on either Thursday, October 17 or Wednesday, October 23 fromT to 9 p.m. to interview four candidates for city attorney. He noted two candidates cannot make the October 23 date. Council set October 17 at 6:45 p.m. as the time for the Special Meeting Closed Session to interview applicants for City Attorney. CONSENT CALENDAR Councilman Spinelli pointed out a typographical error in item "a" and asked about the location of a drainage easement for item "g" the condominium map for 1408 El Camino. After discussion, council continued 1408 El Camino to the next meeting on October 21, 1996. INTRODUCTION OF ORDINANCE 1556 PROHIBITING THOSE UNDER 21 YEARS OF AGE FROM POSTED PREMISES City Attorney's memo of September 19 recommended council introduce this ordinance to prohibit persons under 2l years of age from being in an establishment with an "on sale license for public premises" or a bar which only sells beverages and no food. In recent weeks our police department have had incidents where under age persons have been found in such establishments and the District Attorney's office has declined to prosecute. With this ordinance offenders would be cited for an infraction and crty staff will prosecute. INTRODUCTION OF ORDINANCE 1557 ESTABLISHING LIEN PROCEDURES FOR UNPAID WATER AND SEWER CHARGES Finance Director's memo of September 25 recommended council introduce. For delinquent water and sewer charges, the city normally shuts off the water and reinstates service after payment of the bill with penalties. However some corlmercial customers only receive sewer charges, they do not receive water bills because water is paid by the property owner. If the sewer charges are not paid, we cannot shut off the water since it has been paid by the property owner. This ordinance will make the property owner ultimately responsible by providing for a procedure whereby a lien would be placed against the property. b Burlingame City Council 51 October 7, 1996 c d. INTRODUCTION OF ORDINANCE 1558 ESTABLISHING FOUR ONE-HOUR PARKING SPACES ON INGOLD ROAD Public Works memo of September 30 recommended council introduce this ordinance to install four one-hour parking spaces in front of 16T5Ingold as recommended by TSPC. INTRODUCTION OF ORDINANCE 1559 ESTABLISHING HILLSIDE CIRCLE AND A PORTION OF ALVARADO AVENUE AS ONE-WAY STREETS WITH A STOP SIGN AT SUMMIT AND HILLSIDE CIRCLE Public Works memo of September 26 recommended council introduce this ordinance as recommended by the TSP commission to convert a portion of Alvarado from Hillside Drive to Hillside Circle and thence around Hillside Circle to Hillside Drive from a two-way to a one-way street, in a clockwise direction, and to install stop sign on Summit at Hillside Circle replacing the yield sign. RESOLUTION 80-96 AUTHORIZING AGREEMENT WITH CONSULTANT FOR CATV FRANCHISE TRANSFER AND RENEWAL NEGOTIATIONS e f. City Manager's memo of September 16 recommended council approve an agreement with Telecommunications Management Corporation (TMC) for consultant services for our cable television franchise transfer and renewal negotiations with TCI. The costs are not to exceed $27,960 plus travel expenses (imited to $3,500). RESOLUTION 81-96 REVISING THE APPROPRIATION LIMIT FOR 1994-95. 1995-96 AND 1996-97 BUDGETS Finance Director's memo of October L recommended council approve this resolution revising Article XIII(B) appropriation limits for fiscal years 1994-95, 1995-96 and 1996-97. TENTATIVE CONDOMINIUM MAP FOR FOUR UNITS AT 1408 EL CAMINO REAL continued to October 21 DENIAL OF CLAIMS: (1) DWORETSKY FAMILY: (2) KRISTEN MANOR City Attorney recommended denial of these claims for (1) an auto accident, and (2) auto damage caused by a misplaced man-hole cover. Vice Mayor O'Mahony moved approval of the Consent Calendar, excepting item "g. " Seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Spinelli reported on the Airport Roundtable. Councilwoman Knight told about a Criminal Justice meeting and school board meeting. Councilwoman Janney had attended CCAG. Mayor Harrison told about the Community Picnic on Sunday. oD' h. October 7, 1996 52 Burlingame City Council OLD BUSINESS Councilwoman Knight asked about the "parrot" recently attached to the sign at La Pinata and noted a similar sign was going onto the new kft at Albuquerque restaurant. Staff explained that type of sign is allowed. Councilman Spinelli discussed graffiti high on the walls on Burlingame Avenue and Vice Mayor O'Mahony had received a call about weeds in the divider at Skyline and Trousdale. NEW BUSINESS Mayor Harrison set a public hearing for an appeal for a take-out food permit at 1118 Burlingame for the October 2L meeting. Mayor Harrison appointed Vice Mayor O'Mahony and Councilwoman Janney to meet with BART on possible revisions to the agreement discussed earlier. ACKNOWLEDGEMENTS Commission Minutes: Beautification, September 5; Traffic, Safety and Parking, September 12;Park and Recreation, September 1.9; Senior, September 19; Planning, September 23, t996. a b c d Department Reports: Police, July & August 1996; Parks & Recreation, Lst Quarter 1996-97. I-etter from Broadway Cleaners about sign permits. Staff reviewed the problem. lrtter from Tom Huening, Transportation Authority, about a proposed pedestrian/bike trail adjacent to the railroad tracks. Council commented this might be dangerous. futters from Ario Gregori and Stephen & Fiona Hamilton objecting to the demolition of older homes. ktter from Maureen Juscen-long objecting to a home being built on Vancouver. l.etter from Supervisor Nevin regarding the new county ordinance which prohibits sale of Saturday Night Specials, ktter from Brian Hill objecting to railroad grade separations. ktter from Palo Alto mayor opposing Proposition 211. futters from Ross Butler regarding a damaged curb and about tilting telephone poles on Forest View Avenue. Staff will check. l,etter from Carson mayor in support of a LCC resolution regarding appointments to policy committees. e f ob h. I J k Burlingame City Council 53 October 7, 1996 CLOSED SESSION At 10:52 p.m. the Mayor adjourned the meeting to a Closed Session regarding (a) litigation: Flick v Hillsborough, Burlingame et al; (b) public employment: 1 - City Attorney, 2 - Director of Public Works; (c) labor negotiations with Public Service Employees (BPSEA). RECONVENE OPEN SESSION - (1) REVISED SETTLEMENT: FLICK V HILLSBOROUGH. BURLINGAME. ET AL. (2) AMEND LABOR AGREEMENTS WITH POA AND POLICE & FIRE ADMINISTRATORS The meeting reconvened at 11:06 p.m. with all council members present. (1) Mayor Harrison announced council approved a revised settlement of $17,000 in the Flick v Hillsborough, Burlingame et al law suit. (2) Mayor Harrison announced an amendment to the labor agreements with the Police Officers Association (POA) and with the Police & Fire Administrators on past practice for holiday pay. ADJOURNMENT The meeting was adjourned at 11:08 p.m Judith A. Malfatti City Clerk October 7, 1996 54 Burlingame City Council