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HomeMy WebLinkAboutMin - CC - 1998.03.02BURLINGAME, CA.LIFORNIA March 2,1998 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 Mike Spinelli. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Special Joint Meeting of the City Council and Library Board of February L7, 1998 were approved after changes by Councilwoman Knight under Public Comments that Susan Rodgers not eindy*ogers spoke and on page 2 regarding the percentage of libraries using blocking software she added "Councilwoman Knight commented that did not mean we should avoid such software: B@." The minutes of the Regular Meeting of February 18, 1998 were approved after a change on page 2, second paragraph by Mayor Spinelli to remove a word "Staff will bring rcftm this item... " PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON AN AMEND- MENT TO A USE PERMIT AND A PARKING VARIANCE TO ALLOW A SNACK SHOP AT THE CHEVRON STATION AT 1101 BROADWAY - RESOLUTION 14-98 APPROVING SAME The City Planner reviewed her memo of February 23, 1998 which recommended council hold a public hearing and take action" The applicant, Tom Piskor of RHL Design Group, representing Chevron IJSA, owner of the gas station, is requesting an amendment to the existing use permit to allow a snack shop instead of only vending machines at the Chevron Station. A variance of one parking space is required for the intensification of use at this site. The neighboring propefty on California Drive has been sold and the easement area on that site which the gas station had leased and used to provide employee and customer parking has been removed, so Chevron must provide two on-site parking spaces for the gas station use, plus one for the snack shop. Planning Commission denied this request at its meeting of February 9, L998. Mayor Spinelli opened the public hearing. Tom Piskor, applicant representing Chevron USA, distributed a paper responding to the Planning Commission suggestions and noting Chevron will comply with all conditions; he responded to council questions. Councilwoman O'Mahony has noticed a display of cartons of drinks for sale stacked outside the indoor sales area, this display area is not shown on plans; Vice Mayor Janney asked when the parking will be removed from Broadway in front of the adjacent bank - this will improve congestion at that corner; Councilwoman O'Mahony was concerned about ability of the gas delivery trucks to enter the site, if air/water is moved to central island it will be better; Councilman Galligan asked if employees would park at the site - Piskor said 302 Chevron will subsidize them for parking in city lot or commuting to work and one of the two parking spaces provided will be designated customer parking; Lisa Kline, area manager for non-franchise Chevron stations, said they have an automated central order supply and it can specify that deliveries be made at certain times; she noted the snack shop will gross about $15,000 monthly in taxable sales; they agreed that the landscaping needs improvement and would be willing to do it; Councilwoman Ifuight wondered what the difference was in selling from vending machines or from snack shop; Kline responded it would allow enhanced offerings to the customers like fresh coffee. The hearing was closed. Vice Mayor Janney noted this site is not a destination stop; see no problems with approval. Council- woman Knight noted her concerns about the loss of the parking easement and circulation on the site, she thought this would be detrimental to public safety. Mayor Spinelli objected to calling this a food mart; it is turning into a grocery store; site is intensifying use and asking for parking variance; makes him very uncomfortable. Councilman Galligan said he saw this as a convenience to customers, did not believe it would be a destination site. Councilwoman O'Mahony said she was willing to consider this and moved approval by RESOLUTION 14-98 with conditions in the staff report and with several additions: that there be no display of items for sale outside the snack shop; that the applicant, as he indicated, provide more landscaping on the site, particularly at the northeast corner, and that it be better maintained; that the air and water pump be relocated to the cashier island and replace those facilities with landscaping; and that the tanker truck deliveries be limited to the hours between 8:00 p.m. and 6:00 a.m. daily. Vice Mayor Janney seconded the motion. City Planner noted the conditions of the permit state that no food shall be prepared on the site, so the preparation and sale of coffee by the cup or pot would not be allowed. The motion carried 3-2 on roll call vote, Council- woman Knight and Mayor Spinelli voting no. PUBLIC COMMENTS Don Cory, resident, described his concerns about the Eucalyptus trees along California Drive at Oak Grove; the trees need trimming and cleaning up; this is a beautiful area like a park, the city should care for it; it could be a beautiful park from the train station to Broadway, even to Millbrae; even if the city does not own the site it should care for it; people buy houses here at a premium price, they deserve a well cared-for town. Along Carolan Avenue the oleander bushes have been run over, they receive no water during the summer. He hoped the city will begin to care for these areas. Cathy Baylock, resident, appreciated the city Website and being able to see the agendas and minutes there, but the most recent minutes on the site are January 20, 1998 and she would like to see minutes in a more timely period: she commended the Planning Commission for its deliberations on neighbor- hood compatibility. Gonsalvo Namia, Redwood City, works in Burlingame for a non-profit agency; his car was towed from a private parking lot, when he called to find out where it was and how much it would cost he was told $175, but when he picked it up they charged him $220; he did not get any reason for the increased cost and said the city should have some way to control towing companies, they are a rip-off and very upsetting. City attorney noted that private propefty owners are allowed to post and tow their private lots; suggested he talk to the Police Department. Burlingame City Council 303 March 2, 1998 INTRODUCTION OF ORDINANCE 1588 CHANGING THE DEFINITION OF -FINANCIAL INSTITUTION' AND ADDING A NEW DEFINITION FOR 'INVESTMENT ADVISOR OR BROKER'' City Planner reviewed the city attorney's memo of February 25 which recommended council introduce this ordinance to change the definition of "financial institution" to except one-person offices from the definition. The Planning Commission has worked on this change for several months and recommend the ordinance for adoption. At the last meeting, council continued the introduction of this ordinance until this meeting and asked staff to prepare an additional amendment that would generally remove financial brokers and advisors from the definition of "financial institution. " Attached to his memo was a report from the Planning Department outlining the potential effects of the amendment. Councilwoman Knight had received a letter from Howard Page relating his concern that a large financial group like Fidelity or Charles Schwab could open an office on Burlingame Avenue without review if this ordinance were approved. Staff noted that was true, just as a large law firm could but on Burlingame Avenue the office could only be located on a second floor, not on street level. Mayor Spinelli asked the city 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. Councilwoman O'Mahony moved to introduce ORDINANCE 1588. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. LETTER FROM CHAIRMAN OF PLANNING COMMISSION'S CONSISTENCY/COMPATIBIL- ITY REVIEW COMMITTEE RECOMMENDING CONSIDERATION OF A MORATORIUM ON SECOND FLOOR ADDITIONS IN THE R-l DISTRICT Council reviewed the letter dated February 26 from subcommittee Chairman Deal requesting council either adopt a moratorium on second floor additions/new construction which would go into effect in 30 days or schedule consideration of an Urgency Ordinance at the next meeting which would go into effect immediately" Councilwoman O'Mahony noted she had asked this matter be brought to council because of the changes coming to the Planning Commission with two members retiring and because of the need to curb destruction of our neighborhoods. Jerry Deal explained that this subcommittee of the Planning Commission has been meeting for several months; stated the Planning Commission would have an oppornrnity to review this at its next meeting and bring a recorlmendation to the next council meeting on March 16, 1998. Councilwoman O'Mahony directed that staff place this issue on the next agenda. Seconded by Vice Mayor Janney and carried unanimously. STATUS REPORT ON STORM RELATED ISSUES Director of Public Works reviewed his memo of February 25,1998 which listed the various flooding problems the city had experienced during the storm on February 2L and earlier storms. He showed an overhead map of the city with stream locations and described flooding experienced in some areas. He told about sewer overflows experienced in the Hillside/El Camino area and how the upcoming interceptor sewer project will resolve this problem. He also mentioned the water line damage experienced by the San Francisco Water Department at a landslide in San Mateo which necessitated that our water supply come from another direction and resulted in some pressure problems. March 2, 1998 304 Burlingame City Council a Council thanked him for the report; asked about the sewer outfall line to South San Francisco past the Airport being damaged; we should go ahead with repairs; weather has to be considered when trying to make repairs; staff is also working on the tri-city water supply and will be meeting with other cities; one aftermath of the storms will be a lot of potholes in the streets and with continuing bad weather this may get worse before it gets better. CONSENT CALENDAR Councilman Galligan asked for removal of item "b" regarding Bayside Park. RESOLUTION 15-98 APPROVING APPLICATION FOR REISSUANCE OF BURLING- AME'S MUNICIPAL STORMWATER 'NATIONAL POLLUTANT DISCHARGE ELIMIN- ATION SYSTEM (NPDES)' PERMIT AND TO ACCEPT AND ADOPT THE SAN MATEO COUNTY STORMWATER MANAGEMENT PLAN FOR 1998-2003 Public Works memo of February 26, 1998 recommended council agree to reapply for reissuance of our NPDES permit to discharge water from our storm drain system and commit to implement the County Stormwater Management Plan for 1998-2003. b. Removed c.APPROVE CITY PARTICIPATION IN AMICUS BRIEF IN ACTION APARTMENTS VS SANTA MONICA RENT CONTROL BOARD City Attorney's memo of February 25, 1998 recommended council authorize him to join in the amicus curiae brief being filed in this case pending before the Court of Appeal. d. WARRANTS & PAYROLL Finance Director recommended approval of Warrants 56126 - 56509 (including Library checks 56283 - 56330), duly audited, in the amount of $1,246,634.00, Payroll Checks 103282 - 104016 for the month of January 1998 in the amount of $1,122,011.50 and Electronic Fund Transfers for January 1998 in the amount of $431 ,263.97. Councilman Galligan moved approval of the Consent Calendar excluding item "b. " Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote. REMOVED CONSENT ITEM RESOLUTION 16-98 APPROYING SERVICE AGREEMENT FOR DEVELOPMENT OF A BAYSIDE PARK MASTER PLAN Parks & Recreation Director's memo of February 26, 1998 recommended council approve the agreement with Callendar Associates to provide a master plan at a cost not to exceed $26,198. Councilman Galligan asked about the master plan. Staff reported the original Bayside Park was developed long ago and needs an updated master plan; that the dog park is just one possible part of the b Burlingame City Council 30s March 2, 1998 master plan; another part is possibility of using part of the Sanchez Lagoon area which is in BCDC jurisdiction; the master plan will try to coordinate the landfill development and renovation of Bayside facilities. Councilwoman Knight was pleased to see the dog park addressed because many people signed a petition expressing a desire for such a park. Councilwoman O'Mahony moved approval of RESOLUTION 16-98. Seconded by Councilman Galligan and carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS Councilman Galligan had attended the lrgislative Committee in Councilwoman Knight absence; they discussed a change in their bylaws which was voted upon at the Council of Cities meeting last Friday. Vice Mayor Janney attended the Convention & Visitors Bureau meeting; noted we need an alternate which she will bring up under new business. Councilwoman O'Mahony reported on attending CCAG meetings and the Investment Advisory Committee meeting. Mayor Spinelli went to the Airport Roundtable meeting. OLD BUSINESS Councilwoman O'Mahony asked the City Attorney about progress in talks with Safeway on the matter of a parking lot swap. He responded staff has sent materials to their attorneys and we are awaiting contact from them; it is not clear what Safeway has planned. Councilwoman Knight said they are talking to the Chamber of Commerce but not talking to city staff about their plans. There were some Safeway representatives in the audience who responded that they will contact the city manager. Councilman Galligan asked about Hillsborough's and Caltrans' plans to add a lane at Floribunda and El Camino for left turns. Mayor Spinelli mentioned a stop light which has a delayed green light in one direction so that people could turn left. This might be a good idea and would not require adding a lane and removing trees. NEW BUSINESS Councilman Galligan said he was contacted by BART to attend a tour of facilities; wondered if council wanted to go. Vice Mayor Janney said she would like to go. Councilman Galligan mentioned that he liked Park & Recreation Commissioner Kelly's idea about a teen center. Vice Mayor Janney said she would like to nominate Councilman Galligan as an alternate to the Convention & Visitors Bureau. Council asked this be agendized for action at the next meeting, Councilwoman Knight asked about the Planning Commission action on 12tr8 Donnelly and wondered what had been planned for the site and where they were relocating from. Staff responded. Councilman Galligan mentioned a letter thanking city employee Jim Brown; council members all commended him for finding and returning a wallet someone had lost on the way to the airport. March 2, 1998 306 Burlingame City Council a Commission Minutes: Traffic, Safety and Parking, February 12;Park & Recreation, February 19; Planning, February 23,1998. Department Reports: Police, January 1998. Letter from Anita Tucker regarding problems with TCI cable television service. ktter from Dr. Ferguson regarding Menlo Park's ban of leaf blowers. Letter from Bayshore Associates regarding parking on Gilbreth Road. Mayor asked if trucking companies could be notified about this parking problem. The TSP Commission will be reviewing this. Letter from Marcia McGuirk, Millbrae, regarding the Library and the Internet. Letter from the Council of Cities regarding proposed changes to its bylaws. Notice regarding honors bestowed by California Park & Recreation Society upon Shinnyo-En and Makoto Kobayashi for contributions to the community. Letter frorn Callie McRoskey regarding flooding on the 1400 block of El Camino Real and Capuchino Avenue" ktter from Marilyn Burns, San Mateo regarding a parking ticket. Letter from John Horgan regarding recent storms, suggesting the ciff constantly monitor creek channels during such storms. Mayor Spinelli adjourned the meeting at 9:03 p.m Judith A. Malfatti City Clerk b c d e f. (, h T j. k ADJOURNMENT Burlingame City Council 307 March 2, 1998 ACKNOWLEDGMENTS