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HomeMy WebLinkAboutMin - CC - 1997.12.01BURLINGAME, CALIFORNIA December l, t997 CALI- 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 Spinelli. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cliff Woods, local merchant. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 17, 1997 werc approved. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON AN AMEND- MENT TO THE SPECIAL PERMIT TO CHARGE FOR GUEST PARKING, ALLOW A CAR RENTAL BUSINESS INSIDE THE HOTEL WITH ON-SITE PARKING. AND A VARIANCE TO INCREASE THE PERCENTAGE OF COMPACT PARKING SPACES AT THE MARRIOTT HOTEL. 18OO BAYSHORE - APPROVAL UPHELD BY RESOLUTION 91-97 The City Planner reviewed her memo of November 20 which recommended council hold a public hearing and take action. The Marriott Hotel is requesting an amendment to the hotel's special permit, granted in 1982, to allow the hotel to charge for on site guest parking (short term and overnight guests); to provide on-site storage for 6 rental cars in the below grade garuge (5 occupying extra parking spaces and one in a required space); and a variance to restripe the parking lot and garage areas so that 29 percent of the parking spaces provided on site are compact (20 percent is allowed). The reason for charging for parking is that with the construction at the airport there has been an increasing abuse of the hotel parking by air travelers who are not staying at the hotel. This has been impacted by the nearby Westin Hotel's recent gating and charging guests for parking. The Marriott already has an incidental car rental service for hotel guests but presently the cars are kept on site only a few hours. Finally in order to install the gates to regulate parking and maintain the one parking space for each room requirement, it was necessary to increase the number of compact parking spaces. Currently the hotel provides valet parking. Since there were no requirements limiting valet parking in the original permit, the hotel took the entire below grade garage and rnade it valet parking. With this submittal Marriott is amending their permit to identify the garage for valet parking exclusively and to retain the right to charge for this service. The hotel is proposing to place the gates at the entrance opposite Mitten Road and at the ends of the aisles parallel to Bayshore. The 14 required BCDC parking spaces for the public shoreline will remain outside the gates and there will be no charge for use of these spaces. The Planning Commission approved these requests at its meeting of October 14 and the decision was appealed by Joseph Geller, owner of a business across the street from the hotel who 254 objected to the hotel charging for parking because guests would then be parking in the parking lot of his building. Subsequent to writing the staff report, Geller submitted another letter dated November 26, L997 , he particularly objected to the commission rejecting some of staff's suggested conditions for approval which were revised by the commission. She responded to council questions. Councilwoman Knight asked about regulation of the underground parking garage and about the fire lane and access requirements. Mayor Spinelli opened the public hearing. Joseph Geller, appellant and owner of the building across the street from the hotel said he believed there was a misunderstanding about the Planning Commis- sion conditions, particularly condition 36 about review; explained he was concerned about "poaching" of parking spaces by people flying out of San Francisco Airport and leaving their car at hotel; also concerned about limited taxi parking on the hotel site; concern that charge for overnight parking would encourage guests to use his lot which is closer to the front door; valet parking and charges are no bother to him and the change to more compact spaces are no problem; he was concerned about the change to the original recommended condition that the permit would be reviewed if there were complaints from the public; the condition as amended by the commission now says it will be reviewed in one year, nothing about complaints; if people want to park free, they will use his parking lot instead of parking at Marriott and his only recourse is review if the hotel is not in compliance with the conditions of this permit. Stan Moore, General Manager of the Marriott Hotel, explained he has met several times with Geller; the $13 overnight fee is just a suggested fee; suggested there were ways for Geller to discourage people from parking in his lot; he asked that council modify condition 33 which requires a hearing before parking fees can be raised, he suggested there should be accommodation for inflationary raises Councilwoman Knight asked about parking fees at other hotels; staff responded the Hyatt instituted fees after a hearing. Knight also asked about parking of hotel shuttle buses in lot which take up two spaces each. Councilman Galligan asked if employees park downstairs and how fuIl that garage was; noted the city receives tax from airport parking lots and wondered how difficult it would be to track these "poachers" so that city could consider taxing this type use. Moore said the hotel will be able to track use of parking lot and possible "poaching. " Galligan asked Geller if his parking lot was posted; yes; and if he had considered security gates; no because inconvenient to tenants and visitors. Council- woman O'Mahony mentioned a letter Stan Moore sent to Geller offering a solution to the parking problems. Geller said he was offended that council was copied on that letter and that he had not responded to it, The hearing was closed" Councilman Galligan said he would like to add a condition to ask for semi-annual accounting to the city by the hotel of "poachers. " Vice Mayor Janney said she would support the Planning approval, it seems Marriott has tried to be a good neighbor to Geller. Councilwoman O'Mahony also supported the approval and was willing to include Galligan's addition. Councilwoman Knight said she hoped in the future any other hotels that are approved have adequate parking; she would support this request and asked that condition 36 include complaints from neighboring properties. City Attorney suggested rewording "that the permit shaltr be reviewed in one year and every two years thereafter. The permit may also be reviewed on complaint, particularly with regard to adverse effects on on-street and off- street parking in the neighborhood. " Vice Mayor Janney moved to uphold the Planning Commission approval with revised condition 36 and adding Councilman Galligan condition about tracking parking by the type of uses, reporting to the city Burlingame City Council 255 December l,1997 twice a year and review if the proportion of these abusers exceed 10 percent of the on-site parking, by adopting RESOLUTION 91-97. Motion was seconded and carried unanimously 5-0 by roll call vote. PUBLIC COMMENTS Stan Clark, Burlingame Avenue merchant, requested support of the proposal for free employee parking in Lot H at El Camino and Ralston. BART REQUEST FOR AN AGREEMENT City Manager reviewed his memo of November 19 which suggested council review the request from BART for a comprehensive agreement. In September, council directed staff to review agreements with other cities and report back to council. Staff has received another request from BART to begin discussions on how we will address their construction issues. Staff has also reviewed the Millbrae and San Bruno agreements which have been adopted by those cities and discussed the agreement process with staff of those cities. He attached an outline of Millbrae's mitigation prepared by the Public Works Director. Councilwoman O'Mahony recalled Resolution 83-96 which she introduced to require under grounding of BART in our city, she thought that should be included in city discussions. Councilwoman Knight supported that idea, she found it interesting that BART responded to Millbrae concerns for traffic but BART has not responded to our city's concerns about traffic impact on Trousdale, or Broadway/ R.ollins area; also see BART has made accommodations for police and fire safety with Millbrae; could agree to start discussions with BART. Vice Mayor Janney believed it was critical to get involved because it's the only way to get mitigation; they can build without the city's approval; it's commend- able to want under grounding but not realistic at this point when plans are completed; if they extend the track further down the Peninsula we should require it be under grounded; really concerned that we get some dialog going. Councilman Galligan also believed we need to sit down with BART, should have done it two years ago; believed we should get under grounding for any further expansion of BART. Mayor Spinelli realizes we have to go to the table with BART, would like to see original list of concerns we presented to BART for their EIR; Millbrae and San Bruno got mitigation, think we should get some reimbursement for impacts. Councilwoman O'Mahony said BART should pay for signalization of Trousdale/California intersection; would like to see plans of the garage and where its entrance will be located. City Manager confirmed that council would like to have the original list of concerns regarding police and fire, traffic and parking; noted we submitted these to BART and they did not respond to them in the EIR document; BART has said it will not talk about anything not in the EIR or part of proposed plans. Mayor Spinelli said the issues BART chose to ignore are still the issues we want to discuss. Councilman Galligan would be interested to see if these issues were ever discussed with Daly City and Colma. Councilwoman O'Mahony would like to know the status of the South San Francisco/BART agreement; she would also like to meet with BART representative Magro rather than Salpeas. The mayor directed staff bring this back to council in January. REVISED LIBRARY INTERNET POLICY City Librarian reviewed his memo of October 30 which recommended council review the revised policy adopted by the Library Board and accept it or ask for a meeting with the Board to discuss it. December 1,1997 256 Burlingame City Council During the past four months, the Board has discussed and reviewed policies from libraries across the country. The policy was the result of their careful deliberations. He noted the children's room computer will not be installed until February. Councilwoman Knight would like to see some type of blocking device on the children's room computer. Councilman Galligan also would like to see a blocking device in the children's room. Vice Mayor Janney fully supported the Library Board's policy, noted library must be diligent in screening Internet use. Councilwoman O'Mahony was happy to accept the Board's policy and watch to see what modifications are made on the Internet regarding this subject. Mayor Spinelli brought this issue up months ago, it's too easy to gain access to objectionable material on the Internet, he also objected to access to chat rooms where pedophiles troll for children. City Manager said if the policy is not acceptable to council it should meet with the Library Board, perhaps have a joint meeting in February. Council concurred. PROPOSED ORDINANCE TO AMEND SIGN CODE FOR WORKS OF ART IN THE PUBLIC RIGHT OF WAY AND A REQUEST FOR AN ENCROACHMENT PERMIT TO PLACE A PRIVATE WORK OF ART NEAR 1103 BURLINGAME AVENUE City Planner and Public Works Director reviewed their memo of November 24 which recommended council deny this request to install a wooden figure in front of 1103 Burlingame Avenue. If council deems the figure to be appropriate they can introduce the ordinance and consider the request for an encroachment permit, after the public hearing, at the next regular meeting. If council wishes to deny the request, it may do so at this meeting. The applicant, The Studio Shop, is requesting to install a six-foot tall wooden figure on the sidewalk opposite their shop. Since the meeting in October when this issue was first discussed, staff has been meeting with the applicant and some changes have been made to the structure, such as the base of the figure will now be a metal plate and the blackboard the figure was holding to be used for messages has been removed so there will be no wording or messages displayed. Councilwoman Knight wondered how we would determine whether a "work of art" is inappropriate for display; will there be a way to say no to some items. City Attorney said once the door is open, it must be open, we could make rules as objective as possible and of course we would have control over materials that were obscene under the law; might be a way to control through the streetscape plans, for example colors and size and number of items; staff determined that this object is a sign because it is meant to call attention to a business and met the definition of a sign; another business might put a Ronald McDonald statue outside McDonald's. Councilman Galligan recalled the Flamingo Flowers fiasco where the whole building was painted with flamingos; because this is on the sidewalk in the public right-of-way the decision is a major issue. Vice Mayor Janney noted beauty is in the eye of the beholder. Carl Martin, applicant, said he was embarrassed because of all this fuss over his little sign; he was wary of the city "micro managing" what goes on the sidewalks. Councilwoman O'Mahony asked if Martin has any suggestions about how council could control such items through the streetscape plans; he did not. Councilwoman Knight noted the large number of potted trees and decorations on sidewalks, benches and pots, can these be considered signs because they are meant to call attention to the business; wondered if an icon or logo of a business would be considered a sign; what is the difference between Burlingame City Council 25V December I,1997 this proposal and a decoration. Staff noted pots and benches are generic and reviewed the evolution of encroachment permits. Mayor Spinelli sent this issue back to staff for further reworking. Mayor Spinelli called for a recess at 9:10 p.m. The meeting reconvened at9:14 p.m. with all council present. INTRODUCE ORDINANCE 1584 TO LIMIT THE TRANSFER OF FOOD ESTABLISHMENT PERMITS AND TO CLARIFY THE END OF USE OF SUCH ESTABLISHMENTS City Planner reviewed her memo of November 24 which recommended council review the Planning Commission's recommendation to limit the transfer of food establishment permits and the increase in size of such businesses in Subarea A of the Burlingame Avenue Commercial Area and the Broadway Commercial Area by adopting this ordinance. The commission will next address how to regulate food establishments by grouping them using such criteria as impact on parking, trash and litter generated, and other factors important to maintaining an attractive viable downtown. The mayor and the city attorney called attention to some typos and changes in the ordinance. Councilwoman Knight asked about Copenhagen Restaurant/Bakery which has expanded into the adjacent retail shop; she under- stood they are proposing to open for dinner in the future; City Planner responded Copenhagen got a conditional use permit some time ago to expand their area and to extend their hours. The mayor directed the clerk to read the title of the Ordinance. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously. Vice Mayor Janney then moved to introduce ORDINANCE 1584. Seconded by Councilman Galligan and carried unanimously. The mayor directed the city clerk to publish a summary of the ordinance before the public hearing. APPOINTMENT TO THE PARK & RECREATION COMMISSION Vice Mayor Janney said she and Councilwoman O'Mahony had interviewed applicants earlier this evening and they recommended the appointment of Kirkland Heathcote and Don Lembi to the commission. Council concurred. She asked that Don Roberts be thanked for his many years of service on that commission. Councilwoman Knight said it would be nice to have a woman on the commis- sion; staff said the female applicant, Susan Perrett, had called to withdraw her application. INTRODUCE ORDINANCE 1585 TO PROHIBIT PARKING BETWEEN 12:OO MIDNIGHT AND 6:00 A.M. ON THE EAST SIDE OF CALIFORNIA DRIVE BETWEEN OAK GROVE AND SANCHEZ Public Works Director reviewed his memo of November 21 which recommended council introduce this ordinance as recommended by the Traffic Commission. This ordinance would prohibit parking between midnight and 6:00 a.m., effectively prohibiting overnight parking. Councilwoman Knight had concerns about the domino effect, if parking of large vehicles is prohibited here they will go somewhere else; noted the difficulty for trucks parking in the Rollins Road area with all the red zones. Mayor Spinelli said his concern was vehicles that are being stored on that California Drive for days, he thought it was appropriate to adopt the ordinance. Councilman Galligan agreed. The mayor directed the clerk to read the title of the Ordinance. Councilman Galligan moved to waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously. Vice December l, 1997 258 Burlingame City Council Mayor Janney then moved to introduce ORDINANCE 1585. Seconded by Councilman Galligan and carried unanimously. The mayor directed the clerk to publish a sufirmary of the ordinance before the public hearing. CHANGE OF DECEMBER 15 COUNCIL MEETING City Manager reviewed his memo of November 24 which recommended council consider changing the December 15 regular meeting date since there is an important 49er game that evening. We will also need to schedule a meeting to consider bids on the California Drive sewer project and to review the Fire ALS JPA participation. It was moved and seconded to cancel the December 15 regular meeting and to schedule a special meeting to be held at 8:00 a.m. on December 15 to consider awarding the contract for the California Drive Interceptor Sewer and for the ALS agreement. The motion carried unanimously. APPOINTMENT OF TWO COUNCIL MEMBERS TO THE AUDIT COMMITTEE City Manager's memo of November 7, 1997 recommended council select two members to meet with the auditors, city manager and finance director in connection with the 1996-97 audit and Financial Report. Mayor Spinelli appointed Councilwoman O'Mahony and Councilman Galligan to the Audit Committee, council concurred. CITY COUNCIL MEETING CALENDAR FOR 1998 City Clerk's memo of November 24 recommended council approve the 1998 meeting calendar. After review, discussion and some changes, the calendar was approved. COUNCIL COMMITTEE ASSIGNMENTS City Manager's memo of November L9 recommended council propose any changes to the Mayor Council discussed assignments and reached agreement. PROPOSED FREE PARKING LOT FOR EMPLOYEES IN ''LOT H' City Manager's memo of November 26 recommended council consider whether Lot H at Ralston and El Camino Real should be made a free employee parking lot as suggested by Stan Clark during public coilrments at the last meeting. If council wishes to try this idea, staff suggested a 60 or 90 day trial period. He noted our concern would be overnight and long-term parking at this site. Mayor Spinelli asked about apartment dwellers using this lot at night. Councilman Galligan discussed the effect this free parking might have on the Saks application. Councilwoman O'Mahony moved to approve a 60- day trial period for free employee parking in Lot H. Seconded by Vice Mayor Janney and carried unanimously. At the last meeting, Councilwoman Knight asked that this matter be put on the agenda. Council members indicated their support of her request for appointment to the Transportation Authority and authorized the mayor to vote for her appointment. They also supported Lee Parua and Steve Burlingame City Council 259 December l, 1997 CITY SELECTION COMMITTEE a Schmidt's appointments to the authority and Michael King's appointment to the SamTrans Board. There was discussion of this procedure for the benefit of new Councilman Galligan. CONSENT CALENDAR RESOLUTION 92-97 ACCEPTING THE 1997 STREET RESURFACING PROGRAM - cP 9645 Public Works Director's memo of October 14 recommended council accept the 1997 street resurfacing program as completed by O'Grady Paving in the amount of $471,392 plus a 15 percent contingency. There were three change orders on this projeet totaling $79,546. RESOLUTION 93-97 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR ADRIAN ROAD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS - CP 9728 Public Works memo of November 25 recommended council approve an agreement with Wilsey & Ham in the amount of $114,100 for professional services associated with the Adrian Road Reconstruction and Drainage Project. Adrian Road was constructed in the 1950's and the road has deteriorated over the past 42 yearc due to traffic, intrusion of water from the adjacent drainage ditch and uneven settlement. This project will consist of redesigning the road and drainage system to eliminate flooding and improve driving conditions. AUTHORIZATION TO SERVE ALCOHOLIC BEVERAGES AT A FOUNDATION EVENT AT THE LIBRARY City Librarian's memo of November 20 requested council approve the serving of wine at a Donor Recognition event on Sunday, January 11, 1998 in the Lane Community Room at the Library. ONE YEAR EXTENSION OF TENTATIVE AND FINAL PARCEL MAP FOR 1500-1650 BAYSHORE HIGHWAY TO SUBDIVIDE EXISTING TWO LOTS INTO THREE LOTS Public Works memo of November 20 recommended council grant a one year extension for this resubdivision project. CONCEPTUAL APPROVAL OF BURLINGAME YOUTH BASEBALL ASSN.. PRO- POSAL TO LEASE SPACE IN WASHINGTON PARK FOR A BATTING CAGE Parks & Recreation memo of November 25 recommended council approve the concept of leasing a site in Washington Park to Burlingame Youth Baseball Association for the purpose of constructing and operating a baseball/softball batting cage. The Park & Recreation Commis- sion reviewed and approved the proposal. If council approves the concept staff will arrange a lease agreement with BYBA. f. HOLIDAY OPEN HOUSE STREET CLOSURE City Manager's memo of November 25 recommended council approve the street closure plan proposed by the Police Department for the open house event on December 5, L997. b c e December l, L997 260 Burlingame City Council d. City Librarian's memo of November 24 recommended council grant 80 hours of leave with pay for two employees in recognition of their outstanding efforts on the library construction project. Esther Cummings, Library Reference Supervisor and Phil Monaghan, Civil Engineer have worked on the library project for three years. Since the city does not have a bonus program, he recommended they each receive two weeks time off in recognition of the many hours of their own time that they put into the project. City Manager concurred. Councilwoman O'Mahony moved approval of the Consent Calendar. Seconded by Vice Mayor Janney and carried unanimously. Councilwoman Knight mentioned that while she supported the Library Foundation event she wished the serving of alcoholic beverages were being done after hours, rather than while the library was open on Sunday afternoon. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony reported on attending a CCAG meeting. Vice Mayor Janney attended the ALS meeting, CMAC and the ABAG General Assembly meeting which focused on collaboration between cities and schools. Councilwoman Knight reported on the Criminal Justice meeting. OLD BUSINESS Councilman Galligan asked if we could require the Hyatt to give us an accounting of their parking fee use as we have required of Marriott Hotel. City Manager said we could request it but not require it; could revisit the matter when the Hyatt permit is reviewed. Staff will put a reminder in file. Councilwoman Knight asked if the sign on the Holiday Inn Hotel has changed, it seems to be larger. City Planner said it has changed several times, but as long as they stay within the square footage limitations, they can make any "copy" changes, noted they have also added more lighting on the building. ACKNOWLEDGMENTS Commission Minutes: Traffic, Safety and Parking, November 13; Beautification, November 6; Park & Recreation, November 20; Planning, November 24, 1997. Department Reports: Police, October 1997. Letter from Janine Poimiroo regarding the proposed new lighting system in the Burlingame Village area. Letter from the General Federation of Women's Clubs stating it would like to donate an El Camino Real "bell marker" to the city in celebration of the State's 150th Anniversary, and that they would like to place the bell at El Camino and Broadway. Staff noted there is already an El Camino bell at that intersection and suggested if the Women's Club wants to donate another bell, it be located at the new parking lot at El Camino and Burlingame Avenue. a. b c d Burlingame City Council 26L December l, L997 ('b' e Memo from City Librarian regarding the policy for use of the "Lane Community Room" at the library. f. Letter from Senator Kopp regarding the upcoming State legislative session. CLOSED SESSION At 10:13 p.m. the Mayor adjourned to a Closed Session. The city attorney noted item (a) Threatened litigation-claim of Dan Griffin has been removed from the discussion. The other issue for closed session discussion was (b) pending litigation City of Santa Cruz vs PG&E Superior Court Case No.128936. The meeting reconvened at 10:30 p.m. with no action being taken. ADJOURNMENT IN MEMORY OF SEAMUS O'CONNOR Councilwoman O'Mahony sadly noted the recent death of her brother-in-law Seamus O'Connor. After a moment of silence in his memory, Mayor Spinelli adjourned the meeting at 10:32 p.m. a t Judith A. Malfatti City Clerk December I, L997 262 Burlingame City Council