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HomeMy WebLinkAboutMin - CC - 1997.10.20BIJRLINGAMB, CALIFORNIA October 20,1997 CALL TO ORDER A duty 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 O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Dennis O'Brien from the audience. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of October 6, 1997 were approved with Councilwoman Janney abstaining because she was absent from that meeting. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON REQUEST FOR DECLINING HEIGHT ENVELOPE. SIDE SETBACK. HEIGHT AND PARKING VARIANCES FOR A SECOND STORY ADDITION AT 2104 HALE DRIVE The City Planner reviewed her memo of September 25 which recommended council hold a public hearing and take action. The applicants, Bruce and Pam Olivier, are requesting four variances in order to make a 699 SF second story addition to their home. The second floor addition would increase the area of the house 36 percent to a total of 2623 SF. The present house has a 2 foot, 6 inch first and second floor side setback where 4 feet is required, and a 16 feet, 6 inch first floor front setback where 20 feet is required. The house was built with these exceptions. In order to build the second floor addition, they would need the following variances: 1) declining height where the new left side of the addition rises over the first floor and extends into the declining height envelope one and a half feet the length of the new wall (69 SF); 2) side setback for the left side of the proposed second story where the new wall extends two and a half to three feet from the side property line where four feet is required; 3) height for the new addition which is 35 feet where 30 feet is maximum allowed; and 4) parking variance for one covered parking space where two are required for an increase in bedrooms from four to five. At the September 8 planning commission meeting, they voted 5-1 to approve the variances for height and parking, and to deny without prejudice the setback and declining height variances. The applicant appealed this decision to council. Mayor O'Mahony opened the public hearing. Bruce Olivier, applicant, stated his desire to stay in Burlingame, he has lived here all his life; they are only adding 700 SF, not a large house now; the setback is an existing condition on first floor; they are expecting another child and need more room; desire to stay in their neighborhood which is an extended family; none of the neighbors have any objections to the addition; have no desire to sell their house; request council allow them to make the 23L addition. Gene Thurston, contractor, reviewed the reasons they could not move the bathroom to another location, in addition if they move the upper floor wall in it would cause the stairs to be moved to a bad location, in his experience the bathroom needs to stay where it is. Councilwoman Knight commented on the well kept home and beautiful driveway and wondered if it would be changed; he responded no. Olivier said he had the support of many neighbors who were present tonight, as they had been at the planning meeting; he noted the existing second floor wall encompasses one-quarter of the new project's walls; he is not trying to build a "taj mahal" and he asked council support. Dave Bliss, 2116Hale; Tom Seaney, 1433 Vancouver; Mary Lewis, 2108 Hale; Charlotte Kiesel, 2105 Hale; and Roland Vandemeer,1436 Vancouver; commented on the wonderful neighborhood; this building design is preferable to another huge "pink Mediterranean" style; setback will not affect her next door; it's a special neighborhood; wedge shaped lot makes this site exceptional and forces them to buildup instead of back; driveway onone side of these homes makes a large setback; the Olivier's are great neighbors, more concerned with who might move in if they move. The hearing was closed. Councilman Harrison stated the Planning Commission does not have the luxury of discretion that the council does; the contractor talked about bathroom and staircase which make exceptional circum- stances, also the large redwood tree controls how they build and provide parking in a detached garugei he could approve these variances. Vice Mayor Spinelli had walked around the house; the applicants are stuck with where the previous addition was made to the house; issue is side setback and with driveways on each side it negates the need for side setback and declining height variances for adequate structure separation; the design truly does credit to the neighborhood. Councilwoman Janney echoed others, and noted the neighborhood support. Councilwoman Knight said she often said "no" to variances; noted this is an exemplary neighborhood, she would support; could make exceptions because of the large redwood tree and the character and condition of the original house. Mayor O'Mahony agreed; noted this fine example of a harmonious neighborhood; an example of why this city is one of the best places to live. Councilman Harrison moved to grant the variances as requested with adjusted conditions reflecting all the variances requested and directed the city attorney to prepare findings for a resolution. Seconded by Councilwoman Janney and carried unanimously by roll call vote. The resolution will be placed on the next council agenda for action. PUBLIC HEARING - RESOLUTION 81-97 APPROVING SPENDING PLAN FOR 'COPS' (CITIZENS OPTION FOR PUBLIC SAFETN FUNDING GRANT The Police Chief reviewed his memo of October 3 which recommended council hold a public hearing and take action to adopt a resolution approving a spending plan for $65,664.72 as Burlingame's share of the 1997-98 COPS funds. The funds must be used to supplement existing services and not used to supplant any existing funding for law enforcement. He recommended: 1) $6,000 to go to the Reserve Program; 2) $5,000 for SWAT equipment; 3) $8000 for portable radios; 4) $5,000 for the Crime Prevention Program; 5) $2t,000 for additional disorderly conduct enforcement in the business district; 6) $4,000 for bicycle patrol equipment; 7) $tt,000 for computer equipment and training; 8) $4,000 for Sobriety Checkpoints and 9) $t,00S for FBI National Academy training of for officers. Councilwoman Knight asked about the sobriety checkpoints. Chief noted the added funds would allow three more sobriety checkpoints than usual. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. October 20, 1997 232 Burlingame City Council Councilman Harrison moved adoption of RESOLUTION 8L-97 . Seconded by Councilwoman Knight and carried unanimously by roll call vote. PUBLIC HEARING - ADOPTION OF ORDINANCE 1580 ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF BROADWAY BETWEEN CHULA VISTA AND CALIFORNIA Public Works Director reviewed his memo of October 14 which recommended council hold a public hearing and take action. In September, council directed staff to prepare an ordinance to eliminate parking on Broadway adjacent to the Wells Fargo Bank in order to create an additional lane for eastbound/right turn traffic. This lane will increase the peak hour traffic capacity in this block by approximately 20 percent. The ordinance also corrects conflicting information in two city code sections with respect to parking on Broadway between Rollins and the train track. This will eliminate existing parking for four cars on the north side of the street adjacent to the Arco Station and will facilitate westbound traffic. Mayor O'Mahony opened the public hearing. There were no colnments and the hearing was closed Councilman Harrison moved adoption of ORDINANCE 1580. Seconded by Councilwoman Janney and carried unanimously by voice vote. PUBLIC COMMENTS The City Attorney announced the agenda item awarding the contract for the California Drive Sewer Interceptor project was removed and held over to the next meeting, Novembet 3, 1997. Marianne Saucedo stated she had a letter listed under acknowledgments, she would like to see the city improve Alpine Park now rather than wait for a year; asked that $60,000 be added to the budget to improve this park and $60,000 be added to improve Laguna and Trenton tot lots. She presented photographs of these parks with obsolete equipment. She asked all the parents and children in the audience in support of this request to wave their hands to council. David Magee, lives on Drake, had noticed that Chapin Avenue is very wide and suggested city make parking on that street 90 degree to increase number of available parking spaces; traffic and bike lanes could still be striped on the center of the street. Sam Malouf, Burlingame Avenue merchant, spoke of need to make any land swap with Safeway tied to architectural plans for a project; if council accepts this proposal to reconfigure the parking lot land, Safeway could build a "big box;" if they build a wall on Primrose it would isolate the facing properties; important that they maintain the architectural and pedestrian atmosphere of the downtown area. Robert McMonigle, The Cakery at 1308 Burlingame Avenue, wants to add seating inside bakery; said he had attended the Planning Commission meeting at which food establishments were discussed; he felt the commission did not understand the issue; they did not even mention "The Cakery"; he suggested a simpler approach such as allowing any business established before 1985 be "grand- fathered" in to allow seating for customers; he felt he could not wait six months to two years for the for the commission to revise the restaurant regulations; don't see how tables and chairs inside would Burlingame City Council 233 October 20,1997 create parking and litter problems when he is allowed tables and chairs outside without such concerns. Cliff Woods, Chicken Chicken on Primrose; representative from Ben & Jerry's; Cathy Nessier, Director of Call Primrose; Cathy Baylock, 1527 Newlands; the President of United Methodist Church board of trustees; Greg Mendell, Kern's Jewelers; Wendy McArdle; Will McGowan,3'l Lorton; and several other residents and merchants spoke about the Safeway plans; realized this issue before council tonight is only a concept but suggested council not approve a concept until they see the project as a whole; agreed Safeway needs to make improvements and it's true they met with neighbors, but nothing on the project has changed since July; asked council to deny the concept; supports Chicken Chicken, hold off action until whole project is considered; shocked to read about this proposal; would ruin the unique atmosphere of Burlingame Avenue area; said such a large store with proposed orientation would make her non-profit hard to find for her clients; Safeway must consider the area; such a huge store would isolate the area; would not like having a wall on Primrose, it would ruin character of the street; lives about a block away and met with Safeway; they plan a huge rectangular building; exactly what she would not want to see; the plans haven't changed since July; the city is working hard to beautify Burlingame Avenue; support remodeling of store but really hope they listen to the community and consider nature of our town; concern about increased traffic and changes of curb cut locations and parking; church white curb was shortened from two to one space and have had several near accidents since then; increase in turning movements will increase chance of accidents; plans for a huge wall on Howard and the new single entrance to parking would impact church; city is beautifying downtown and we don't need a large warehouse type building here; this project not for Burlingame, encourage council to withhold action until there is some change by Safeway; concern about large trucks moving on Primrose; we don't need the largest Safeway in Northern California here; said deliveries on Primrose would be dangerous; would take a lot of large trucks to fill up such a large store; what are they doing about spills from trucks and odors; have talked to other cities with huge Safeways. Michael Smith, representing Safeway; said they are not asking for approval of a land swap, simply the idea or concept of a land swap; request has nothing to do with the project design; understand if council doesn't approve the concept, Safeway cannot make any application to city. Mayor thanked people for their comments. Vice Mayor Spinelli noted this requested action is only a concept of whether public parking lands can be reconfigured. DISCUSSION OF POLICY AND CRITERIA FOR RECONFIGURATION OF PARKING DIS- TRICT LANDS FOR THE PROPOSED SAFEWAY/WALGREEN'S PROJECT Vice Mayor Spinelli announced he would abstain from discussion and vote because of a possible conflict which occurred within the past year. City Planner reviewed her memo of October 13 which recommended council discuss and direct staff. Council can acknowledge request and agree that the city will accept an application for a project which will reconfigure the city's property in some fashion. This action will not prejudice any future council action on this matter, either for the land reconfigura- tion, terms of any exchange or transfer/sale, or for any proposed project. Michael Smith, Area Real Estate Manager for Safeway, is requesting that council give consideration to the concept of recon- figuring the current city parking lots K and L which were purchased with assessment district funds in the 1960's. Safeway and Walgreen's have been looking at the idea of combining all the parcels between Fox Plaza Lane and Howard, Primrose and El Camino, and using them so that both businesses could build more modern, efficient and bigger facilities. Since three of the parcels within this area are city owned, the city must agree to the concept of reconfiguring our propefty before the applicants can proceed with an application which could affect the city's property. Councilman Ocrober 20,1997 234 Burlingame City Council Harrison reiterated that any action on this concept would not prejudice future action on this matter or for any proposed project. City Attorney reviewed that Safeway had approached the city with proposal to present plans that encompass use of some city lands; present plans can't be processed without council's approval of the concept of trading lands; it is unknown if these "parking district" lands can even be traded under the rules of the old parking district; at some point council should hold a closed session on this issue regarding trade or sale and conditions; regarding criteria for use of public lands new configuration would be required to have at least as much parking as they do at present; nothing requires the city to negotiate away its own property; also environmental documents would have to be prepared. City Planner said that Safeway would need special permits and a public hearing for any project. City Attorney noted council doesn't have to do anything, it can reject the concept. Councilwoman Janney understood the concerns voiced by people and shares those concerns; at present we don't have plans, if we don't approve concept of reconfiguration we can't see plans; approval of concept will begin the process and we can begin discussions with the applicant. Mayor O'Mahony said she wants any project to fit the ambience of downtown; she was concerned about the legality of using parking district lands, she would like to see rules about this. Councilman Harrison said he does not want to see a corner wall on Primrose/Howard, need to kick around designs and come up with different locations for the building. Councilwoman Knight noted they might want to keep the store open during rebuilding and there were many ways to do that; she was also concerned about losing meter income from parking district lands, meters are paying for downtown beautification; thought we should have a study meeting so people feel a part of this project; hoped there would be more landscaping in the parking lot and they have architecture that fits the Burlingame look by observing style of the United Methodist Church, the Library and other buildings around town. Councilman Harrison moved to acknowledge the request and accept reconfiguration in some fashion, providing there is legal authority to do it and the project looks like Burlingame. Seconded by Councilwoman Janney and carried 4-0-1 on roll call vote, Vice Mayor Spinelli abstaining. ENCROACHMENT PERMIT FOR PUBLIC PAY PHONE IN THE CITY RIGHT OF WAY AT I15O BURLINGAME AVENUE Public Works Director reviewed his memo of October 14 which recommended council deny this application for a public pay phone located on the wall in front of 1150 Burlingame Avenue. The applicant is requesting approval for placing a public pay phone. This phone has been installed without an encroachment permit. Staff does not believe this pay phone at this location is in the best interest of the city. The phone is located in an already congested sidewalk area adjacent to Noah's Bagel's and Starbuck's where there was a phone which the city removed at the request of property owners. The phone attracts young adults who tend to gather around it. There appear to be sufficient existing public pay phones in the Burlingame Avenue area. In addition there are numerous pay phones located in restaurants, bars and other buildings. Councilwoman Janney moved to require removal of this pay phone and deny the encroachment permit. Seconded by Vice Mayor Spinelli and carried unanimously. Burlingame City Council 235 October 20, 1997 INTRODUCE ORDINANCE 1581 ESTABLISHING A THREE-WAY STOP SIGN AT OAK GROVE AVENUE AND WINCHESTER DRIVE Public Works Director reviewed his memo of October 14 which recommended council introduce this ordinance as recorlmended by the Traffic, Safety and Parking Commission. While the intersection does not meet city warrants in terms of traffic volume or accidents, the commission considered the increased number of children walking to school along Oak Grove, the speed of vehicles along Oak Grove, and the acute angle of the intersection whereby motorists are cutting the corner on the way to Rollins Road. Councilwoman Knight said she lives in area and agreed there was a need for this stop sign; also noted a hedge on that corner which blocks vision. Mayor O'Mahony asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance, Seconded by Vice Mayor Spinelli and carried unanimously. Councilman Harrison moved to introduce ORDINANCE 1581. Seconded by Vice Mayor Spinelli and carried unanimously. INTRODUCE ORDINANCE 1582 ESTABLISHING FOUR-WAY STOP SIGNS AT HOWARD AVENUE/ANITA ROAD. AND AT BAYSWATER AVENUE/ARUNDEL ROAD Public Works Director reviewed his memo of October 14 which recommended council introduce this ordinance as recommended by the Traffic, Safety and Parking Commission. These intersections do not meet city warrants in terms of traffic volume or accidents, but the commission considered the large number of children walking to and from school at these intersections, the speed of vehicles and especially cars from auto dealerships, and the fact the speed limit change on Bayswater from 30 to 25 mph and the changes in red zones and white loading zones have not improved the safety for children in the area. Jim Evans, Chair of TSPC, said the Traffic Sergeant had a good idea when he suggested a letter be sent to auto dealers informing them that these streets are not their test tracks. Mayor O'Mahony asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Vice Mayor Spinelli and carried unanimously. Councilman Harrison moved to introduce ORDINANCE 1582. Seconded by Vice Mayor Spinelli and carried unanimously. REOUEST FROM MAYOR TO MAKE APPOINTMENTS TO THE EDUCATION SUMMIT FOR SAN MATEO COUNTY The mayor reviewed her letter of October 12 which requested council consider appointments to the "Education Summit" to be held Saturday, November 8, 7997. The City Manager's memo of October 16 listed representatives suggested by the Burlingame School District Superintendent to be appointed to this committee. Council accepted the recommendations of the Burlingame Superintendent and noted we should have representative from high school district. If three council members attend this event it would have to be noticed as a meeting. CONSENT CALENDAR Councilwoman Knight asked that item "b" regarding 1516 Floribunda be removed. October 20,1997 236 Burlingame City Council a c FOR THE BAYFRONT BICYCLE/PEDESTRIAN GAP TRAIL - CP 9643 Public Work's memo of October 14 recommended council approve an agreement with Nolte Associates, Inc., for professional engineering services for the Bayfront Bicycle/Pedestrian Gap Trail in the amount of $75,561. This is the first phase of engineering consulting services for the gap trail project. It includes preparation of a survey, preliminary design, environmental review and approvals, legal descriptions for the right of way, appraisals and land negotiations for the trail, and coordination of applications to granting agencies for funding the project. The consultant will bring the project into a state of readiness which is desirable in competing for future grants. b. Removed CLOSURE OF PORTION OF PRIMROSE ROAD ON OCTOBER 3I FOR SAFE STREET HALLOWEEN City Manager's memo of October 16 recommended council approve closing Primrose Road from Burlingame Avenue to Donnelly for a Safe Street Halloween program on October 31 from 5:30 p.m. to 7:30 p.m. The Burlingame Rotary Club in cooperation with various merchants and the Sandra Karp Trust, are planning to have supervised activities for young children to age 6 and their parents. Steve Karp has contacted the merchants in the area. Council might want to waive the insurance requirements if necessary for this year only and approve police participation in the event. d. WARRANTS AND PAYROLL Finance Director recommended payment of Warrants 54524 - 54868, duly audited, in the amount of $1,482, L45.82, Payroll Checks for the month of September 1997 in the amount of $1,061 ,251.86, and Electronic Fund Transfers for the month of September 1997 in the amount of $321 ,70239. Councilwoman Janney moved approval of the consent calendar. Seconded by Vice Mayor Spinelli and carried unanimously. REMOVED CONSENT ITEM Councilwoman Knight asked whether there were any neighborhood concerns over this project. Staff noted the Planning Commission had a public hearing with no opposition expressed and approved the project. TENTATIVE CONDOMINIUM MAP FOR THREE UNITS AND TENTATIVE AND FINAL PARCEL MAP FOR 1516 FLORIBUNDA AVENUE Public Works memo of October 1.5 recommended council concur with the Planning Commis- sion and approve the tentative map subject to conditions. b Burlingame City Council 237 October 20, 1997 Councilwoman Knight moved approval of the maps as presented. Seconded by Councilwoman Janney and carried unanimously. Councilman Harrison reported on the Chamber of Commerce which focused on a presentation of the Safeway project. Vice Mayor Spinelli talked about the [,eague of California Cities conference in San Francisco. Councilwoman Knight also reported on the League conference general assembly and the votes taken; she had also attended a Samtrans meeting and Criminal Justice. Councilwoman Janney attended a JPA meeting. Mayor O'Mahony attended the City/School Liaison meeting and CCAG. OLD BUSINESS Vice Mayor Spinelli said at the last meeting a vote was taken on a lawsuit and he and Councilwoman Knight abstained; he felt this should have been done in closed session; he asked staff about correct procedure for such an issue. He also noted two meetings ago Councilwoman Janney was appointed to the Convention Bureau; a vote was not taken to add that item to the agenda, therefore he felt the vote was invalid; mentioned calls he had received about the Convention Bureau and "skullduggery" and arm-twisting going on with members of the board; some members are considering resigning, and there was an attempt to remove a member appointed by the Board of Supervisors; he objected to these back-room politics; understood that the bylaws of the Bureau state a person has to be on the Board for 120 days before they can be nominated; hope the newspapers pick up on this and investigate; he thought the nomination should be held up until after the election. Councilman Harrison asked the city attorney about procedure for the council's Convention Bureau appointment. City Attorney noted it appeared a quick decision was needed in order to not lose a seat, so the council voted on the appointment to the Bureau; in future it may be better to put this type of matter through a two step process; there should be a vote to add the item to the agenda and then a vote on the item, but it can be done by a single vote since it was more than two-thirds. Councilman Harrison said the Bureau is an independent body with a constitution and bylaws; just last week he was asked to continue on the Convention Bureau's Board as the public member; the board of supervisors no longer hold power of appointment to the bureau; at one point they did but during the last couple years this was changed; noted some cities are reducing funds because of cutbacks; noted San Mateo County tourism industry is viable and thriving. Regarding the lawsuit, the City Attorney noted he took that as pro forma direction from council and would have gone after the lawsuit costs in any case unless otherwise directed. Councilwoman Knight stated her concern about lack of information about the Convention Bureau appointment; about former council members continuing on the board; have heard from other cities that Burlingame is trying to "take over" and noted we could well have appointed Councilwoman Janney but did not think it was appropriate at that time; not comfortable with "behind the scenes" work; totally agree that the Convention Bureau is doing a great job along with its present director; but would prefer to have the Mayor make appointments after the election. Councilman Harrison thanked the Public Works Director for the bike path on Bayshore Highway at the BP station. October 20, 1997 238 Burlingame City Council COUNCIL COMMITTEE REPORTS a Mayor O'Mahony shared some information with the Police Chief on "3D Month" regarding drunk/drugged driving. Chief noted every month is 3D month in Burlingame. Mayor O'Mahony scheduled a public hearing for the meeting of December l, L997 for an appeal of the Marriott Hotel special permit amendment to charge a parking fee. Councilwoman Knight called up for council review the take-out permit request at lll2 Burlingame Avenue. Hearing was set for the November 3, 1997 meeting. City Attorney reported on several legislative bills that had been signed or vetoed by the Governor. ACKNOWLEDGMENTS Commission Minutes: Beautification, October 2; Senior, September 15; Planning, October 14, 1997. Department Reports: Treasurer, September 30, 1997; Building, September 1997; Parks & Recreation, Quarterly Report; Police, September 1997. Letter from Marianne Saucedo regarding upgrading neighborhood parks. Mayor O'Mahony noted Marianne had attended the Park & Recreation meeting expressing these concerns. Councilwoman Knight asked if the decision of the Commission regarding the park upgrading projects should be put on a future agenda. Mayor O'Mahony noted if we put money in for Alpine Park, it would have to be taken from another project; we are already taking money from another project for the Bayside Park lighting. Staff noted both these parks will be done in 1998, Paloma is scheduled to be done first and Alpine next. Council thanked Marianne Saucedo. Letter from M. Stangl regarding need to have a parking permit procedure and more long-term parking for downtown workers. b c d. CLOSED SESSION At 9:40 p.m. council adjourned to a closed session on a) threatened litigation, claim of Chris Rattray; b) threatened litigation, claim of Yee Ho and Salina Ho; and c) to give direction on whether to initiate litigation regarding code enforcement at 1516 Ralston. Council reconvened at9:46 p.m. and directed the City Attorney on two items and continued the 1516 Ralston issue until November 3, t997. ADJOURNMENT IN MEMORY OF MAURICE & NANCY BROSNAN AND GERTRUDE GLADYSZ Mayor O'Mahony noted with sadness the recent deaths of Maurice and Nancy Brosnan, long time residents and business owners of this area. Councilman Harrison mentioned the death of Gertrude their memory, the meetingGladysz, his wife Dolores' aunt. After a moment of adjourned at 9:48 p.m. Judith A was a Burlingame City Council 239 City October 20,1997 NEW BUSINESS