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HomeMy WebLinkAboutMin - CC - 1998.07.06BIJRLINGAME, CALIFORNIA JuIy 6, 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. PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, SPINELLI O'MAHONY MINUTES The minutes of the Regular Meeting of June 10, 1998 were discussed; Councilwoman Knight noted on page 2 paragraph 4 that her comment was "that a dog park would be developed on or nearby the recreation area"; staff noted there will be a public hearing on the final EIR; the minutes were approved unanimously 4-0-1, Councilwoman O'Mahony absent. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON VARIANCES FOR PARKING. LOT COVERAGE AND SIDE SETBACK, TO BUILD AN ADDITION TO A DUPLEX AT 1126-1128 LAGUNA AVENUE - DENIAL UPHELD City Planner reviewed her memo of June 18, 1998 which recommended council hold a public hearing regarding and take action. The applicant, Denise Groebner, is requesting three variances in order to make a 433 SF single story addition at the first floor on the rear of the second unit of a residential duplex. As it stands, the duplex contains one three-bedroom unit and one one-bedroom unit. The one-bedroom unit is proposed to become a two-bedroom unit. Two covered parking spaces which do not meet current parking dimensions are now provided. When a residential unit which is noncon- forming is expanded, the code does not require the whole building become conforming - code does require the portion being expanded meet code requirements. The project requires (1) a parking variance (2 nonconforming spaces provided, 3 required); (2) a variance for lot coverage for 40.9 percent where 40 percent is the maximum allowed; and (3) a side setback variance for 25 foot wall extension for the new construction with a 3 foot, 1 inch side setback where 4 feet is required. The Planning Commission denied this request noting a concern about parking impact in this area which is very close to the Broadway business area. Councilwoman Knight asked for clarification of parking requirements and covered versus uncovered parking spaces. Staffnoted uncovered parking area is not counted as part of required parking, and in this case is too narrow, 14 feet for two cars. Mayor Spinelli opened the public hearing. There were no comments, the applicant was not present. The hearing was closed. 369 kd by Fire Chief Bill Reilly. Council discussed: drove past the site and noted two cars parked in driveway; imagine there are two cars are also parked in garage; problems of moving tandem parked cars; if all the same family as now lives there it can be worked out, but will not always be the same family living in two units; agree but would like to accommodate these people, perhaps could count driveway parking spaces as part of required parking and make wider driveway; made a site visit at 9:00 a.m. and no parking on street, this close to Broadway would impact parking; not anxious to grant parking variance in this area; concerned about how parking would be used and managed if occupants of duplex were not of the same family; given shortage of parking in the area, cannot require occupants be related. Councilman Galligan moved to uphold the Planning Commission decision to deny the request. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 on roll call vote, Councilwoman O'Mahony absent. PUBLIC HEARING - APPEAL OF BEAUTIFICATION COMMISSION DECISION TO ALLOW REMOVAL OF A REDWOOD TREE AT 1428 CABRILLO AVENUE Senior Landscape Inspector reviewed his memo of June 24, 1998 which recommended council hold a public hearing and take action. In April 1998, Conrad and Alma Dacanay applied for a permit to remove one large redwood tree from the front yard of their property. Upon inspection, he found sufficient reason to issue a permit. Adjacent properties were notified and a neighbor appealed the decision. A review was held by the Beautification Commission on June 4 and the commission denied the appeal. Two neighbors then appealed to the city council. Councilman Galligan confirmed that the Inspector agreed the tree should be removed. Mayor Spinelli asked about the possibility of removing only one trunk; Inspector noted that would unbalance the remaining tree trunk, it would not have leaves or branches on the side where the other trunk was removed. Council noted several other trees closer to the sidewalk which block view of the Redwood. Mayor noted further discussion should come after the public hearing. Mayor Spinelli opened the public hearing. The applicant stated he preferred to speak after the appellants spoke. Richard Kelly, 1436 Cabrillo, and Violet Guerra, 1433 Cabrillo, spoke in opposition to removal of the redwood tree; concern the applicant only wants to be able to park more cars on his site - even where the tree would be removed; want to be assured the area where the tree is would not be paved; like to see tree stay, former owner of house kept the tree trimmed and had fruit trees which have been removed; can see the many ears parked on the site from her house; if gassed, these also represent a safety hazard; letter applicant submitted from tree expert states "pursuant to our conversation" and this appears to mean the expert did not inspect the tree, only talked to applicant; agree if tree is dangerous it should be removed but acacia.s are not trimmed and this causes redwood to have a problem; also concerned about beauty of town. Will McGowan, Beautification Commission chairman and one of commissioners who voted against removal, said the tree could be saved by placing a cable between the two trunks. The applicant, Conrad Dacanay, said his lot is double, has a three car garage on second lot, 6 cars are parked there; his father-in-law lives with him and has a garden, they removed a couple small fruit trees to plant the garden; he is only concerned about the safety of his family and protection of his children. The hearing was closed. July 6, 1998 370 Burlingame City Council Council discussed: saw this as a property rights issue, can see the property owner is concerned about safety; our tree inspector has confirmed that the tree could be dangerous with split trunk; tree is beautiful but think the applicant should be allowed to remove the tree and replace it with another; city tree expert and the majority of commission believed it should be removed; did not think property values would decline from removal; don't think the tree blocks view of driveway, cars are parked behind hedge; applicant should be required to replace the tree with another evergreen and as close to the area where the Redwood is removed; applicant should be aware that cars are not allowed to be parked in the front or side setback. Councilman Galligan moved to uphold the commission and allow removal of the tree and require replacement with a suitable evergreen tree. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by roll call vote, Councilwoman O'Mahony absent. PUBLIC COMMENTS Don Cory, 833 Alpine, objected to a three minute time limit because he had a lot to discuss; he said city trimmed trees near Oak Grove by railroad and left debris. He wanted to see the city make a park out of the Eucalyptus grove along train tracks, there is a path between the trees and it is very beautiful in there, city is missing an opportunity by not using this area as park. Noted the no parking signs installed on California have caused all the trucks which used to park there to move to Carolan, the area on California is not residential, but Carolan is residential; police should monitor this area; also noted Alpine is used as an "off-ramp" from Carolan and cars speed, police should put a speed limit trailer there. He would like to have a trash can placed at the bus stop at Oak Grove and California. Several months ago he removed and placed on the sidewalk four tires someone threw into drainage ditch, the tires are still there, why can't the city remove them. He would like to see sidewalk installed along Carolan from Morrell to Oak Grove. He also suggested the city replace trees with Oaks rather than Eucalyptus. Al Deraneri, resident since 1981, has been trying to get a copy of budget from Burlingame High School and never gets a response, they ignore his requests; he is interested in contracts between the city and the school district. Staff noted the school district is a separate entity and city does not have their budget. Vice Mayor Janney, a former school trustee, gave him the name of a person to contact. Councilman Galligan also informed him about the school district budgets which do not separate items out for each school. Nicole Cook, one of the applicants for the project at LL26-1128 Laguna was present; said she thought the meeting started at 7:30 p.m.; council informed her of the decision made at the earlier appeal hearing. INTRODUCTION OF ORDINANCE 1594 ESTABLISHING TWO STOP SIGNS ON LARKSPUR DRIVE AT LINDEN AVENUE Public Works Director recommended council consider adoption of an ordinance authorizing installa- tion of two-way stop signs on Larkspur Drive at Linden Avenue. The Traffic Commission discussed concerns of neighbors at the meetings in February, March, April, May and June. Although the intersection does not meet warrants for a stop sign, the commission supported installation of stop signs because of the large number of small children in the neighborhood. Burlingame City Council 371 July 6, 1998 Mayor Spinelli asked the city 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 4- 0-1 by voice vote, Councilwoman O'Mahony absent. Vice Mayor Janney moved to introduce ORDINANCE t594. Seconded by Councilman Galligan and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the ordinance at least 5 days before the hearing on July 20, 1998. CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR AMERICAN BULL BAR & GRILL AT 1817-1819 EL CAMINO REAL City Attorney reviewed his memo of June 24,1998 which recommended council review the request for coin-operated machines, live jazz band performances twice monthly on Saturday or Sunday afternoons, lounge music with live performers and private parties with disc jockeys. A new permit would be valid until June 1999. The American Bull has replaced Mr. K's in the Burlingame Plaza Shopping Center. The establishment has been open for about a year and the police report the operators do an excellent job. During this time, no entertainment has been offered. Staff recom- mends approval with usual conditions. Councilman Galligan moved approval of the new amusement permit as recommended. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. City Manager reviewed the Finance Director's memo of June 24, 1998 which recommended council introduce an ordinance to establish the water rates for 1998-99 which will become effective on September 1, 1998. Water rates are reviewed annually and are based on operating expenses and capital improvement plans for the city water system. Single family rates will increase 5.2 percent, from $1 .92 to $2.02 per 1,000 gallons; Burlingame Hills resident rates will increase 5.2 percent to $2.25; and the fixed monthly meter charge will increase by 7 percent. Mayor Spinelli asked the city 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 4- 0-1 by voice vote, Councilwoman O'Mahony absent. Vice Mayor Janney moved to introduce ORDINANCE 1595. Seconded by Councilman Galligan and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a sufirmary of the ordinance at least 5 days before the hearing on July 20, 1998. INTRODUCTION OF ORDINANCE 1596 SETTING 1998-99 SEWER RATES City Manager reviewed the Finance Director's memo of June 24, 1998 which recommended council introduce an ordinance to establish the sewer rates for 1998-99 which will become effective on September 1, 1998. EPA regulations require that operation and maintenance costs for the city's sewer enterprise be paid from the sewer rate with a specific method for calculating the rate based on flow and loading. The new rates were developed based on the 1998-99 budget and capital improvement program and include debt service expenses of $1,700,000. Rates are based on the user's water consumption, residential rates use a three-year average, while multifamily and commercial use current water consumption. Proposed rates for single family use will increase 4.7 percent to $2.40 per July 6, 1998 372 Burlingame City Council INTRODUCTION OF ORDINANCE 1595 SETTING 1998-99 WATER RATES thousand gallons of water used; multi-family will increase 2.1percent to $2.97; institutional will increase by 7.7 percent to $0.93; light commercial will increase by 9.7 percent to $4.65; moderate commercial will increase by 3.2 percent to $6.38; and restaurant will increase by 2.6 percent to $8.36 per thousand gallons used. Mayor Spinelli asked the city 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 4- 0-1 by voice vote, Councilwoman O'Mahony absent. Councilwoman Knight moved to introduce ORDINANCE 1596. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the ordinance at least 5 days before the hearing on July 20, t998. INTRODUCTION OF ORDINANCE 1597 TO PROHIBIT PARKING BETWEEN 10 P.M. AND 6 A.M. ON WEST SIDE OF GILBRETH ROAD FROM COWAN ROAD TO MAHLER ROAD Public Works Director reviewed his memo of June 23, 1998 which recommended council introduce an ordinance to prohibit parking between 10:00 p.m. and 6:00 a.m. on the west side of Gilbreth. At their regular meetings of February, March, April, May and June, the Traffic Commission (TSPC) considered setting a parking limit to deter long term parking of trucks and trailers. Over this period staff contacted truck owners who were instructed not to store their vehicles at this location. However, some other truckers and businesses from outside the city continue to use Gilbreth Road for overnight and long term truck and trailer storage. Therefore the TSPC recommended a no parking from 10 p.m. to 6 a.m. ordinance be adopted. Councilwoman Ifuight expressed concern that this will result in these vehicles being moved to another area, just as Mr. Cory had complained about on Carolan. Mayor Spinelli asked the city clerk to read the title of the ordinance. Vice Mayor Janney moved to waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. Councilwoman Knight moved to introduce ORDINANCE 1597. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the ordinance at least 5 days before the hearing on July 20, 1998. DIRECTION TO STAFF ON TOBACCO REGULATION City Attorney reviewed his memo of June 29,1998 which recommended council consider whether addition regulation of tobacco products is needed. San Mateo County and the cities of San Mateo and Millbrae have adopted ordinances that require all businesses that sell any tobacco products to obtain a tobacco sellers permit, which in the case of the county would cost $25 for a five year permit. Staff does not have any information on whether tobacco sales to minors is a significant problem in Burlingame. Staff felt State regulations were sufficient to control this problem. Council took no action. REORGANIZATION OF PERSONNEL FUNCTION City Manager reviewed his memo of June 23,1998 which recommended council approve a reorgani- zation of the personnel function for a six month trial period. Four existing positions would receive 5 percent out-of-classification pay and the Personnel Manager position would be held vacant for the trial Burlingame City Council 373 July 6, 1998 period. Councilman Galligan said the money saved from keeping this position vacant for six months might be used to help the Senior Accountant during audit work given the large amount of overtime she has had to put in over the past few years. Council asked about covering the Civil Service meetings; staff would split this duty; noted though the commission only meets four or five times a year, but the commissioners put in lots of time on full day job interviews many times a year. Councilwoman Knight moved to approve the proposed reorganization for a six-month trial period. Seconded by Councilman Galligan and carried unanimously, 4-0-1 by voice vote, Councilwoman O'Mahony absent. INTRODUCTION OF ORDINANCE 1598 REVISED URBAN REFORESTATION AND TREE PROTECTION Park & Recreation Director reviewed his memo of July 2, 1998 which recommended council introduce this ordinance for the proposed changes to the Urban Reforestation and Tree Protection Ordinance. Three Beautification Commissioners and the Senior Landscape Inspector have worked for some time to update and clarify the ordinance. Mayor Spinelli asked the city 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 4- 0-1 by voice vote, Councilwoman O'Mahony absent. Councilman Galligan moved to introduce ORDINANCE 1598. Seconded by Councilwoman Knight and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. The mayor asked the city clerk to publish a summary of the ordinance at least 5 days before the hearing on July 20, 1998. CONSENT CALENDAR RESOLUTION 65-98 AUTHORIZING AGREEMENT FOR WATER SYSTEM MODEL. PHASE II - CP 9715 Public Works memo of June 25, L998 recommended council adopt a resolution approving an agreement with Roman & Lougee, Consulting Engineers in the amount of $114,400 for a detailed computer analysis of the city's water system including emergency water wheeling between adjacent cities; evaluation of various phased increases in storage; water quality analysis. The agreement is separate from the major TriCities water study in that it covers only the Burlingame system. (1) RESOLUTTON 66-98 AWARpTNG CONSTRUCTTON CONTRACT FOR THE BEACH ROAD BIKE/PEDESTRIAN BRIDGE PROJECT - CP 8926 (2) RESOLUTION 67-q8 APPROVING CONSTRUCTION MANAGEMENT SERVICES CONTRACT - CP 8926 Public Works memo of June 30, 1998 recommended council approve awarding the (1) Beach Road Bike/Pedestrian Bridge Project to River City Constluctors in the amount of $269,696 and (2) approve a construction management services contract with Wilsey Ham in the amount of $45,700. This project consists of removing an unsafe bridge and replacing it with a single a. July 6, 1998 374 Burlingame City Council b. span prefabricated steel bridge with concrete abutments, bridge piles and a new water line. It should be completed by December 1998. RESOLUTION 68-98 AUTHORIZING AGREEMENT WITH US FILTER/EOS FOR OPERATION OF WASTEWATER TREATMENT PLANT Public Works memo of June 22, 1998 recommended council approve a draft five year contract with U.S. Filter Operating Services for operation and maintenance of the Wastewater Treatment Plant subject to finalization by the City Attorney. The new contract incorporates into basic compensation several services which were previously billed separately and removes major maintenance from basic compensation because of its variability. Capital improvements would be billed separately. There is no change in the total cost for these services from the present contract. RESOLUTION 69-98 AUTHORIZING NPDES STORMWATER MANAGEMENT PLAN FOR 1998-OO GENERAL PROGRAM Public Works memo of June 24, 1998 recommended council endorse the 1998-99 General Program as adopted by CCAG and use the San Mateo County Flood Control District as the funding mechanism to support the activities. The EPA imposed regulations that mandate local government to control and reduce the amount of storm water pollution runoff into the bay. This program is funded in our city by a fee imposed on each parcel. The fee for single family homes is $3.44 per parcel. This is not an increase over last year's rate. e. REJECT CLAIM OF GILBERT RIEDWEG FOR TOWING OF VEHICLE City Attorney's memo of June 23, L998 recommended council deny this claim for towing his vehicle in March 1998. ENCROACHMENT PERMIT FOR TWO PILASTERS AND A GATE AT 924 OAK GROVE AVENUE Public Works memo of June 23, L998 recommended council approve a permit subject to usual conditions. g. ENCROACHMENT PERMIT FOR FENCE AT 18OO RAY DRIVE Public Works memo of June 15, 1998 recommended council approve a permit subject to usual conditions. h. TENTATIVE AND FINAL PARCEL MAPS FOR 1845 ROLLINS ROAD Public Works memo of June 24, 1998 recommended council concur with the Planning Commission and approve the map to merge four lots at 1845-1855 Rollins. c d f Burlingame City Council 37s July 6, 1998 l.FINAL CONDOMINIUM MAP FOR FOUR UNITS AT 38 LORTON AVENUE Public Works memo of June 24, 1998 recommended council concur with the Planning Commission and approve the final map. J. REJECT CLAIM OF LOUIS LIBERTY FOR PARKING METER VIOLATIONS City Attorney's memo of June 25, 1998 recommended council reject this claim for allegedly improper parking ticket issuance. k.APPROVAL TO PROCEED WITH STUDY OF UNRESOLVED ISSUES FOR THE TRI- CITIES WATER PROJECT Public Works memo of June 26,1998 recommended council authorize staff to proceed with a study of unresolved issues for the Tri Cities Water Project. The city councils of Burlingame, Hillsborough and Millbrae received an overview of the project at a joint meeting on June 25, 1998. There are several unresolved issues which will have an impact on the project cost including: the availability of surplus SFWD property for needed piping, storage and pumping facilities, the cost of acquiring and the condition of abandoned SFWD pipe for possible use; the geotechnical assessment of two possible storage sites. Burlingame's estimated share of a study would be $25,000. Councilwoman Knight moved approval of the Consent Calendar. Seconded by Vice Mayor Janney and carried unanimously 4-0-1 by voice vote, Councilwoman O'Mahony absent. COUNCIL COMMITTEE REPORTS Councilwoman Knight reported on Art in the Park and she congratulated the Parks & Recreation Department and Tricia Pinney for an outstanding event; she attended Special Olympics Torch Run and thanked the Police for the t-shirts given to council; also attended a joint Board of Supervisors meeting of San Francisco, San Mateo and Santa Clara Counties where they supported a Caltrain extension to the Airport; she also attended Transportation Authority; and Council of Cities. Vice Mayor Janney reported on Convention & Visitors Bureau board meeting. Mayor Spinelli announced that CCAG elected Councilwoman O'Mahony as chairman. Councilman Galligan attended the Police & Fire recreation night for teens; Council of Cities; Art in the Park; Burlingame Together; and he congrat- ulated the Public Works Director on his fine presentation at the joint cities meeting on June 25, 1998. OLD BUSINESS Councilman Galligan asked when the streets would be refinished after the sewer installation on El Camino and California Drive. Staff explained that the new system must be tested before to be sure everything is working properly; then the streets can be repaved. Councilwoman Knight congratulated the Senior Commission and staff on the new Senior Resources handbook. Council asked where it would be available for the public, staff responded at city hall, recreation center and the library. July 6, 1998 376 Burlingame City Council a. NEW BUSINESS Mayor Spinelli scheduled a public hearing for the July 20, 1998 for an appeal of the Planning Commission decision on a garage at 1,12 Central. Councilman Galligan gave staff an article about AB 2621which seem to take control of developers from small cities. He asked staff to look into this bill. ACKNOWLEDGMENTS Commission Minutes: Beautification, June 4; Traffic, Safety and Parking, June 11; Senior, June 18; Park & Recreation, June 18; Planning, June 22, 1998. Department Reports: Police, May 1998. Letter from Richard Newman regarding parking problems caused by auto dealers on Highland Avenue between Howard and Bayswater. At 8:35 p.m. the meeting was adjourned to a closed session to confer with the City Manager on (1) Labor Negotiations with the Police and Fire Administrators, the Fire Fighter's Union and the Police Officers Association; and (2) on Public Employment Matters with the Chief of Police. ADJOURNMENT IN MEMORY OF MIKE ELLIS AND EDWIN DREILING Mayor Spinelli noted with sadness the recent death of Civil Service Commissioner Mike Ellis; he said Mike had given a lot to our city over the years, having served on several other commissions; his death was a great loss to the city; he asked that city flags be flown at half-mast for one week. He also noted the death of Edwin Dreiling, father of Martin Dreiling. Edwin was a long time resident of Burlingame and a veteran of World War II who received the Purple Heart while serving in the Navy. After a moment of silence, he adjourned the meeting in their memory at9:22 p.m. Judith A. Malfatti City Clerk b. c. CLOSED SESSION Burlingame City Council 377 July 6, 1998 The meeting reconvened at 9:21p.m. and the City Attorney announced that the City Manager received direction from the council on labor negotiations and a public employment matter. No action was taken.