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HomeMy WebLinkAboutMin - CC - 1997.06.16BI.JRLINGAME, CALIFORNIA June 16, L997 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 at7:05 p.m.by Mayor Rosalie O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Bruce Carlton, General Manager of the Doubletree Hotel. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI JANNEY The City Manager reviewed his memo of June 4 which recommended council hold a public hearing and take action. The city council received the proposed budget in mid-May and on June 3 reviewed the budget at a study ,.rriorr, making revisions adding a capital project of $32,000 for the Burlingame High track safety tigtrtlng; revising shuttle bus funding to replace a grant shortfall of $115,000 from th.-2 p....nt hotel iu* r.r.rr.; and approving two classifications adjustments of 5 percent in the enginiering budger. Council also approved funding for community groups in the amount of $35,000. ttre generat fund budget of $22,813,349 is up 4.3 percent over the prior year; water, sewer and waste enteririses are up 2.ipercentand Capital improvements of $13,295,550 is up 100 percent. The total budget is $46,464,346. Mayor O'Mahony opened the public hearing. Ross Bruce, Broadway merchant and member of the Broadway BID, thanked council for the streetscape improvements being planned; asked about the streetscafe funding split between Broadway and Burlingame Avenue; about the Wells Fargo streetscape project and other improvements; whether newsracks could be moved to side streets; and about the new parking meter revenues and use of those revenues for streetscape. Staff responded. The hearing was closed. Councilman Harrison moved approval of RESOLUTION 44-97 Adopting the 1997-98 Operating Budget. Seconded by Councilman Spinelli and carried unanimously 4-0-1 on a roll call vote, Councilwoman Janney being absent. t72 MINUTES The minutes of the Regular Meeting of June 2, lgg7 were approved unanimously after Councilman Spinelli added o, pug" 3, third paragraph, "with an additional condition....as suggested by Vice Iriayor Spinelli. " The minutes of the Study Meeting of June 3, 1997 were unanimously approved. PUBLIC HEARING - 1997-98 BUDGET AND CAPITAL IMPROVEMENTS PROGRAM - RESOLUTION 44-97 ADOPTING OPERATING BUDGET FOR THE FISCAL YEAR ENDING JUNE 30. 1998 - AND - RESOLUTION 45-97 ESTABLISHING 1997'98 APPROPRIATION LIMIT Councilman Harrison moved approval of RESOLUTION 45-97 Establishing 1997-98 Appropriation Limit. Seconded by Councilman Spinelli and carried unanimously 4-0-1 on a roll call vote, Council- woman Janney being absent. Councilwoman Knight was glad to see the 2 percent hotel tax used for funding the shuttle bus program. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON AMENDMENT TO THE MASTER SIGN PROGRAM AT 1375 BURLINGAME AVENUE - TTPHOLD DENIAL City Planner reviewed her memo of June 9 which recommended council hold a public hearing and take action. The applicants, NYSF Partners/Ben & Jerry's, is requesting to amend the Master Signage Program for 1375 Burlingame Avenue (Crosby Commons) with a 8.2 SF per face double faced blade sign on the secondary frontage (Primrose Road). The proposed blade sign would increase the number of signs allowed on the secondary frontage by 2 (the master signage program allows 16 signs on the Primrose frontage). The purpose of a master sign program is to replace the sign code requirement for unique sites which want to have a uniform signage program. The added advantage is that sign exceptions are not required for funrre tenants if the signage they request is consistent with the master program. Under the master sign program, Ben and Jerry's has installed three signs: two window signs and one awning sign. The master signage program dictates the location and size of the signs, it does not establish awning color or lettering. Ben and Jerry's has painted the awning blue. The planning commission denied this request at it May 27 meeting, noting this retailer is located in a building which has a clear color scheme and signage plan; the color and proposed sign would be out of character with this scheme. Councilman Harrison asked about signage on umbrellas on the patio on the second floor of this location. Staff said there could be no signage. Mayor O'Mahony opened the public hearing. Roger Kaufman, local franchisee, appreciated council taking the time to review this appeal; the blade sign would be located at the corner near the parking lot; purpose it to be seen from Burlingame Avenue; he showed photos of other blade signs in the area; he said the blue awning is corporate logo color; no neighboring businesses object and they signed a petition supporting; said the Sweet Dreams ice cream shop has a blade sign. Council asked him if he was aware of the master sign program when he signed the lease for this shop; he was but because the shop was on a side street he thought he had a chance for a variance. The hearing was closed. Councilman Harrison thought the commission was correct based on the fact that there is a master sign program; he moved to uphold the Planning Commission denial. Councilman Spinelli seconded the motion, stating this is a beautiful building with a color scheme and special feel, if we allow this, more shops may want same signage. Councilwoman Knight commented the blue logo and checker board edge was distinctive and already identifies the site as Ben & Jerry's. Mayor O'Mahony agreed with council. The motion carried 4-0-1 on roll call vote, Councilwoman Janney absent. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON AN AMEND- MENT TO A SPECIAL PERMIT FOR OFFICE USE. ARCHIVE. ART STORAGE AND ART EXHIBIT PREPARATION SPACE AT 1766 EL CAMINO REAL - RESOLUTION 46-07 UP- HOLDING THE PLANNING COMMISSION AND APPROVING SAME City Planner reviewed her memo of June 10 which recommended council hold a public hearing and take action. The applicant representing the San Francisco International Airport Bureau of Arts and Exhibitions is requesting an amendment to an existing special use permit to expand the production area and use the lower floor for office and art storage. On the upper floor the uses will be office, art Burlingame City Council L73 June 16, 1997 design and preparation area, and art storage. This building was built as a 32,300 SF office building. A conditional use permit was granted in 1993 for converting some office space to classroom and product assembly area. This new amendment is requested to expand the product assembly area and to add a curators gallery and archive storage, and to drop the classroom use. The permit includes distribution of the proposed uses on both floors because the use affects the whole building including the parking requirements. The planning commission approved this request at its May 27 meeting. The property owner has appealed the decision because they want the office use of the entire building to be acknowledged as prevailing and exempt from any future changes in parking or other types of code changes; without this determination it would mean that they would have to meet new require- ments in the future when the structure is used again wholly for office use. The city attorney noted the city cannot guarantee a permanent non-conforming structure; that can only be provided by ordinance amendment or development agreement. A letter from VincerfiMtzzi representing Certosa, the property owner, was received after preparation of the memo. Councilwoman Knight expressed concerns about holding up the tenant with the delays and confusion over this application, she would like to avoid this problem. Mayor O'Mahony opened the public hearing. Joe Codina, applicant representing the Airport Commission, noted when they viewed the site they were aware of the previous tenant's special use permit; the use they are planning is very similar to office or architectural office use, he described their operation as preparing art exhibits; he asked that they be allowed to use this building. Vince Muzzi, representing property owner, noted they were half through construction when the composition of airport functions to use the site changed, and they learned tenant had applied for a use permit; may have started the permit application process but suggest it is unnecessary; building was all office before Poplar Center; this tenant is a less intensive use than Poplar Center, the former tenants; not open to the public; like an architectural firm; use less parking and are making no structural change to footprint of building; the building was appraised for less because it is not office use; suggest there should be a category for temporary special permits so an owner doesn't lose regular use. Council discussed with applicant and owner. Codina noted they are installing a fire suppression system and other improvements to protect the art, but the storage areas are conditioned office; not open to public but people can make appointments to view archives for legitimate research with a written request. He noted only assembly work is preparation of small displays and repair of display cases which have been damaged. Display cases are fabricated elsewhere. The hearing was closed. In response to Councilwoman Knight, City Attorney said the city's principle concern is manufacture and assembly use which goes to tenant of building; council could make a condition that forbids any manufacture or heavy machinery in the classroom area. In response to Councilman Harrison, City Planner said issue is not using office space for storage but the large classroom area of the former tenant which was used for product assembly; a new use permit replaces the old use permit; she was concerned about future use of the building. City Attorney noted a special permit defines what goes into specific space in a building; council could approve a narrower permit, allowing less than the commission approved focusing on the display production and case repair areas; this permit has no effect on whether the site may return to office use in the future, that is up to future planning commissions and councils. Councilman Harrison moved to uphold the Planning Commission action approving this request by adoption of RESOLUTION 46-97 with conditions. Seconded by Vice Mayor Spinelli. Council- June 16, 1997 L74 Burlingame City Council woman Knight commented she was glad to see the airport use here and perhaps the applicant and owner can work out an agreement. The motion carried unanimously 4-0-1 by roll call vote, Councilwoman Janney absent. PUBLIC COMMENTS Mayor O'Mahony noted the presence of many people who want to speak about the proposed "dog park. " She asked them to save their comments for the council discussion regarding same. Vincent Mlzz| 1766El Camino, explained on previous action regarding 1766El Camino, he was asking that council not consider any special permit, doesn't understand why they need a special use permit when they have no special uses. Joe Codina said he understood council's concern about delivery of raw materials and assembly for commercial sale; believed there was a real misunderstanding of his use, they have no intent to assemble other than put together art compositions of existing materiels; the special permit for assembly should fall by the wayside. City Attorney noted these comments could not be considered as part of the hearing record; commented that the appropriate place to take up these comments was with the City Planner; the applicant is free to never exercise the special permit granted. Todd Becker, 2116 Hillside, said he had delivered a letter to council today regarding his concerns about BART funding and construction of a visual wall from Dufferin to Murchison; concerned about removal of trees; urged council to request more information from BART on this project. ANNUAL REVIEW OF AMUSEMENT PERMITS City Attorney reviewed his memo of June 11 which recommended council review the existing permits and take action. The police department has reported no unusual problems and recommend that the same standard conditions be applied to each permit, with additional conditions for specific uses and locations. Each of the permit holders has been notified of the council review and the proposed additional conditions or the proposed cancellation. He recommended renewal for a 12 month period with conditions for: Behans Irish Pub; 1327 Broadway Benihana; 1496 Bayshore Bobby McGee's; 150 Anza Burlingame Station Brewery; 333 California California Bar & Grill; 241 California Dicey Riley's Irish Pub; 221Park El Torito; 1590 Bayshore Empress Court; 433 Airport Golden China; 1230 Broadway Grandview;1107 Howard Holiday Inn Crowne Plaza;600 Airport Hyatt Hotel; 1333 Bayshore Max's Opera Cafe; 1250 Bayshore Route 66; 26L California Tuberose; 835 Cowan He recommended the following amusement permits be canceled because they are no longer used, no longer applicable or have changed ownership: Burlingame Ciry Council L75 June 16, 1997 Caribbean Gardens; 1306 Bayshore Charley Brown's; 1550 Bayshore Fisherman ; 1492 Bayshore Marriott Hotel; 1800 Bayshore Mr. "K's"; 1819 El Camino Councilman Harrison noticed there was no "last call at 1:20 a.m. " condition in the standard condi- tions; he thought there should be such a condition added. City Attorney said the permit holders should be notified of this added condition before adopting it, they can be notified of this proposal and it can be added at the next council meeting. Councilwoman Knight moved approval of the recommendations for renewals and cancellations. Seconded by Councilman Harrison and carried unanimously by voice vote. APPOINTMENT TO LIBRARY BOARD The Mayor reviewed the City Manager's memo of June 3 which recommended council appoint a new member to the Library Board. Vice Mayor Spinelli and Councilwoman Knight interviewed applicants before the meeting. Councilwoman Knight said they interviewed three excellent candidates and hoped those not appointed would apply for future openings. Councilwoman Knight nominated Mary Lou Morton to the Library Board. There were no other nominations and Morton was unanimously appointed to the Library Board. RESOLUTION 47-97 APPROVING LICENSE AGREEMENT WITH TODAY',S III (DOUBLE- TREE HOTEL) FOR A PARKING AREA ON FORMER LANDFILL SITE City Manager reviewed his memo of June 10 which recommended council approve the shared parking and license agreement to allow construction and shared use of 216 parking spaces on the city landfill site as part of the Doubletree Hotel expansion project at 835 Airport. The hotel will pay for the construction costs of a shared parking area, pay an annual license fee, share maintenance costs, and provide night time security. In December 1996 council gave conceptual approval for discussions with the hotel to use a portion of the city landfill to mitigate required parking for an addition to the hotel. On May 27 the planning commission approved a negative declaration, special permits and variances for a 101 room addition to the hotel. A condition of this approval was agreement with the city for use of parking facilities to be constructed on our landfill as part of expansion of Bayside Park. A traffic study found the hotel site parking plus construction of 216 spaces on the landfill would be sufficient for both hotel and park use on a shared basis. The agreement allows designated city use of at least 100 parking spaces for park use from 7 a.m. to 10 p.m. The hotel expansion should generate over $300,000 annually to the city in hotel taxes. Councilman Harrison moved approval of this agreement by adoption of RESOLUTION 47-97 . Seconded by Vice Mayor Spinelli and carried unanimously by voice vote. Councilwoman Knight appreciated the cooperation between the city and the hotel; in response to her question, the hotel manager said they are no longer advertising the park and fly package. PROPOSAL FOR A ''DOG PARK'' AT SKYLINE PARK SITE Parks & Recreation Director reviewed his memo of June 12 which recommended council approve the concept of developing a dog exercise park at the Skyline Park site and direct planning staff to do necessary environmental review work to determine impacts this project might cause. If approved staff June 16, 1997 176 Burlingame City Council will prepare specific plans and cost estimates to be brought back to council. Residents have requested the city consider such a park where dogs ean run off leash in a safe and secured area. The proposed site is the 3 acre city owned site located on Skyline at Highway 280 near Trousdale Drive. The site is undeveloped and most of the proposed dog exercise area is screened from Skyline by a natural mound. Over time, excess bark chips from city tree crew work can be placed in the area to keep it from becoming muddy or dusty. Staff has investigated dog parks in other cities; most have pooper scoopers and covered receptacles provided by the city; most have a water supply and a bulletin board for notices. Costs to the city would be fencing and water supply; expenses would be paid from the 1996-97 tree trimming project which has a carryover. Nearby neighbors were notified of this proposal by flyers distributed to their homes. Council discussed with the P&R Director; at one time was talk of putting a water storage tank on this site but that plan has changed; council noted this is just a concept at this time, next comes environ- mental reports. Mayor O'Mahony asked for public comments. Cynthia Al-Jamea, 1664 Skyline; Barbara and Don Delbot, 1672 Skyline; Sue Osbor\ 1624 Skyline; Rosa Medina, 1632 Skyline; Gladys Lee, 1680 Skyline; Mrs. Bentson, 1688 Skyline; and several others spoke in opposition; presented signatures from owners of 17 nearby residences that oppose; lived there for many years; had little time to plan for this meeting because they were just notified a couple days ago; presented a letter from former Councilman Vic Mangini in opposition; there is heavy and fast traffic on this street, not safe for children and dogs to be walking across it; believe there are better areas like industrial area for this; wondered where the city found the money for this when it can't trim the trees; concerned about people from outside the city coming because it's so close to freeway; have lived there 12 years and never knew he lived across the street from a park; would open the city to liability with people letting dogs run loose; would devalue their property; lot of people are unaware of this proposal. Marianne Riddle presented a petition signed by 832 residents in favor of such a park; homes in Burlingame have small yards, need a place to run dogs; now have to drive to Belmont for a dog park; other people let their dogs run free in city parks which is illegal; talked to police to find out about the large number of calls they receive about dogs; Mr Cini said he coaches girls softball and these children have to put up with dog droppings in the field; he approves of this park; gives people a place to let their dogs run free; things change and this property can be put to good use; another resident on Paloma spoke in favor. The public comments period was closed. Mayor O'Mahony thanked people for their comments; noted she had received several calls as well as former Councilman Mangini's call. Councilman Harrison said council did not get its agenda packet until Thursday, that is why people were not notified until then; this is just a concept and environmen- tal work needs to be done first; Vice Mayor Spinelli said he felt there is a need for such a park, we should look at it; Councilwoman Knight said her home is next to BHS and the principal tells her about people driving to school and Washington Park and opening car door to let dogs run free with no controls; envisioned a card to hand such people to let them know about location of the dog park. It was moved seconded and carried unanimously 4-0-1 to approve the concept and ask staff to prepare for environmental reports and plans. Burlingame City Council 177 June 16, 1997 CONSENT CALENDAR Parks & Recreation Director's memo of June L2 recommended council adopt rules and regulations for the use of Cuernavaca Park as proposed by the Park & Recreation Commis- sion. In recent years, large groups of non-residents have been using this park to conduct day- long group picnics almost every Saturday and Sunday from April to November. This impacts neighbors of the park; groups leave large amounts of litter; parking is difficult; hot coals are dumped; loud music and amplifiers are used; unauthorized equipment (e.g., astro jumps) is brought in; and local residents are completely shut out of park use. The new rules will be posted and will preclude use of sound amplification equipment, fires and barbecues, groups larger than 15 people, and inflatable equipment. RESOLUTION 49-97 AUTHORIZING RENEWAL OF AGREEMENT FOR SHUTTLE BUS SERVICE Finance Director's memo of June 10 recommended council approve extending the agreement for shuttle bus services with Empex Ventures, dba Industrial Passenger Services. The cost of the contract is estimated at $11,100 per month. c WARRANTS & PAYROLL Finance Director recommended payment of Warrants 50032 - 50472 and 52752 - 52873 (Warrants 50473 - 52750 witl be used for emergency stock), duly audited, in the amount of $1,727,2L8.00, Payroll Checks for the month of May 1997 inthe amount of $1,563,863.93 and Electronic Fund Transfers for May 1997 in the amount of $294,089.81. Councilman Harrison moved approval of the consent calendar. Seconded by Vice Mayor Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Harrison attended the Chamber of Commerce meeting where the budget was discussed. Councilwoman Knight attended a very long Airport Roundtable meeting in the absence of Vice Mayor Spinelli. Mayor O'Mahony attended CCAG and CMAC for Councilwoman Janney, and had the pleasure of attending the retirement parties for our former Police and Fire Chiefs. NEW BUSINESS Vice Mayor Spinelli acknowledged a list provided by the Library of web sites accessed on the computers at the Library; he has organized the list and saw some troubling items; he would present it to council for the next meeting. Councilwoman Knight said Todd Becker's comments regarding BART offered some good sugges- tions; she said BART has said it would not be doing any construction until the fall. June 16, 1997 t78 Burlingame City Council a. RESOLUTION 48-97 APPROVING REGULATIONS FOR CUERNAVACA PARK b. a b ACKNOWLEDGMENTS Commission Minutes: Senior, May 15; Planning, June 9, 1997. Department Reports: Building, May 1997; Treasurer, May 31,1997; Parks & Recreation Quarterly Report; Police, IN4ay, 1997 . More petition pages from "The Cakery" at 1308 Burlingame Avenue requesting tables and chairs be allowed. Councilman Harrison said he noticed they have tables and chairs outside the shop now. d. Irtter from City of Monrovia's Mayor requesting support of AB 1151, daytime curfews. e. ktter from Craig Parker, Crowne Plaza Hotel, requesting city allow use of Free Bee Shuttle for a walk/run event on August 24. A memo from the Finance Director was attached. f. Letter from Foster City's Mayor regarding the Airport noise variance. Letter from Post Newsweek Cable TV regarding their donations of $20,000 to Burlingame High School and $7,625 to the Burlingame Library Foundation. Letter from Roger Chinn responding to council questions regarding airport fumes, sound insulation programs and back blast noise. I. Memo from City Planner re changes to the project at the Presbyterian Church, 1500 Easton. Letter from City Attorney to Attorney David Newman in response to Newman's letter regarding the PIP/Radio Shack driveway between Lorton and Hatch Lane. k. Letter from the California Chamber of Commerce in opposition to a proposed "fax tax. " Councilwoman Knight said her term is expiring on the Criminal Justice Council and she would like to be reappointed; she would like to write a letter asking for other cities' support for reappointment; council expressed no objections. Mayor O'Mahony said she would be unable to attend the Jlune 27 Council of Cities meeting and asked another council member to take her place. CLOSED SESSION Mayor O'Mahony adjourned to a closed session at 9:30 p.m. regarding: Pending Litigation (GC $54956.9(a)): Joan Poole vs. City of Burlingame, San Mateo Superior Court Case No.399126. Threatened Litigation (GC $54956.9(bX2), and (3)(C)): 1) Claim of Terry Peters; 2) Claim of Allstate Insurance (Chris Rattray, insured). c ob h. J a" b Burlingame City Council L79 June 16, 1997 c Authorization to Initiate Litigation (GC $54956.9(c)): Claim for Indemnity Against Arbor Care in Connection with Claim of Terry Peters. The meeting reconvened at9:44 p.m. Council gave direction to the City Attorney regarding litigation. Mayor O'Mahony sadly noted the recent deaths of a former City of San Mateo council member, John Murray; Frank Lee, a Harbor Commissioner; and Wayne Okey, resident, post office employee and a great supporter of senior activities at the Recreation Center. After a moment of silence in their memory, the meeting was adjourned at 9:45 p.m. Judith A. Malfatti City Clerk June 16, 1997 180 Burlingame City Council