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HomeMy WebLinkAboutMin - CC - 1998.07.20BI.JRLINGAME, CALIFORNIA July 20, 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 Led by Peter Wickman of AYSO. The mayor introduced some special guests sitting with his wife Ro; Tatiana Patina and her son Vitya Kozlov, visiting from Moscow. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Special Meeting of June 25, 1,998 were approved 4-0-1, Councilwoman O'Mahony abstaining because she was absent. The minutes of the Regular Meeting of July 6, 1998 were approved after Councilwoman Ihight deleted the last sentence attributed to her on page 5 under the Tobacco discussion. Mayor Spinelli added on page 9 after adjourning in memory of Mike Ellis, that he "asked. that city flags fly at hWru ." The minutes were approved 4-0-1, Council- woman O'Mahony abstaining because she was absent. PUBLIC HEARING - APPEAL OF DECISION OF PLANNING COMMISSION ON THREE VARIANCES FOR A SECOND STORY ADDITION AT 112 CENTRAL AVENUE - PLANNING COMMISSION UPHELD City Planner reviewed her memo of July 14, 1998 which recommended council hold a public hearing and take action. The applicants, Christopher and Mary Denton, are requesting three variances to add a 1002 SF second story addition to their existing one story single family resident. The present two- bedroom, one-bath house has a non-conforming single car garage in the rear yard. All new construc- tion requires a two covered parking spaces. The remodeled house will add three bedrooms and two baths for a total of five bedrooms. The variances are for declining height envelope for an existing wall with new second story window which encroaches 15 SF into the declining height envelope; (2) parking variance for one covered parking space where two are required; and (3) parking variance for parking space dimensions where the provided space is less than the 20 feetby 20 feet required. Two letters were received after preparation of the staff report: from the applicants with some landscaping plans; and (2) from David Howell, designer of project atllT Central, clarifying some discrepancies in the letter from Tom Mirades. 378 Mayor Spinelli opened the public hearing. The applicant's architect Peter Dodge spoke in favor of the application; design meets criteria; discussed alternatives for garage design, the proposed design is large enough for two small cars and leaves some yard area; design is compatible with neighborhood. Joe Baylock, Newlands Avenue and neighbor to rear of site, spoke in opposition; noted he is an advocate of the new design review process but felt this first project to be reviewed was not a good on which to base future reviews; took issue over Planning Commission findings for variances; feels the project is injurious to neighbors. The hearing was closed. Councilwoman O'Mahony noted the appeal is about parking; garage option "c" with the new garage moved to the side yard fence opposite the existing driveway would eliminate almost all of the vegetated back yard and replace it with a massive concrete driveway which would be inconsistent with the neighborhood and create noise; the diagonal parking option would be detrimental and reduce property value by chopping up the back yard into unusable pieces; would like to see one larger garage door in present garage and see side panel removed and all electrical outlets and storage removed so that the entire space is available for parking two cars. Councilwoman Knight had concerns about the number of windows and balcony facing neighbors; the mass and bulk atrear; concern this is the "pilot" project for design review to come before the council. Vice Mayor Janney drove by the site; would support the Planning Commission; concem about mass and bulk at rear of site and impact on the neighbors, have made a good effort to address privacy and bulk with landscape in rear yard; this project does a better job of meeting parking than the projects on Poppy, so addresses the needs of the neighborhood balance; pleased with design and review process. Councilman Galligan asked about possibility of using a car port at the front of the garuge and whether it would be counted in the size of the project, staff noted carports would count in lot coverage and would require a variance for tandem parking. Councilman Galligan suggested council might want to sit down and discuss design review process with the reviewers. Mayor Spinelli said the project is not built to the maximum FAR and he thought the design review process worked well; pointed out problem with garage is placement of the house, could not get into the second space if wider garage was built because of the existing house placement, garage design with new bigger door is the best option; agreed we should require removal of all utilities, electrical and water, from garage so there is no possibility of using any part of it for a workshop. Councilwoman O'Mahony noted that it would not benefit the neighborhood and would be a loss of property value as well as increase noise impacts on the neighbors to have the entire rear yard devoted to driveway and parking; with a wider door and no storage can park two cars in the garage which, with the gate relocation, will reduce the on-street parking problems; and the proposed house has a good design. She moved to uphold the Planning Commission approval with their conditions and the additional conditions that the landscaping plans recently submitted be included, that the garage door be widened, and the garage be devoted entirely to parking two cars without any storage or household appliances encroaching into parking area, and that there be no utilities to the garage except for electricity for lighting. Seconded by Vice Mayor Janney. Councilman Galligan asked if council could condition what is put into the garage, because when he visited it was filled with files, storage can be prohibited. The motion carried 4-1 on a roll call vote, Councilwoman Ifuight voting no. City Attorney said he would prepare a resolution making findings for this approval for the next meeting. PUBLIC HEARING - CERTIFY AND APPROVE FINAL FOCUSED DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) ON BAYSIDE LANDFILL PARK - CP 9117 - RESOLUTION 7O-O8 Public Works Director reviewed his memo of July 10, 1998 which recommended council hold a public hearing and take action. The Burlingame Landfill was closed in 1986; since that time an Initial Burlingame City Council 379 July 20, 1998 ) Study for development of the Landfill park was prepared and it was determined that impact on biotic resources, noise, aesthetics, and light and glare, are potentially significant and require further investigation. This draft focused EIR includes the approximately 36 acres closed sanitary landfill and adjacent property to the west and south of the adjacent Wastewater Treatment Plant. The draft EIR was noticed for a 45 day public review which ended June 15, 1998. On June 10, 1998, council held a public hearing on the draft EIR; there were no public comments, however council discussed the project; written comments were received from the California Department of Transportation regarding traffic impacts. The Office of Planning and Research indicates that the project is in compliance with review requirements pursuant to CEQA. The final EIR responds to all written and oral comments including council discussions on security lighting and the dog run facility. public Works Director introduced Rod Jeung of EIP Associates who responded to questions on the Final EIR and informed council that several discussions have taken place with Caltrans and their concerns have been addressed. Councilman Galligan asked about installing sensor security lights along the Sanchez Marsh trail that will go on with motion. Jeung said that can be discussed with the landicape architect. Councilwoman Knight asked about leash laws mentioned in Exhibit A. Jeung ,.rpond.d that refers specifically to the path along the wildlife area but could apply to the entire park except for the dog run area. Mayor Spinelli opened the public hearing. Will McGowan, 30 Lorton, supported the project; he was concerned about a threat to birds and hoped the architect employed the latest technology to keep birds from being endangered by the golf netting fences. Jeung noted that is addressed in the Final EIR mitigation measures. The hearing was closed. Council asked about the use of "reduced flight" gotf balls; staff noted these would be used only if we have a problem with too many balls going over fences; the central portion of driving range will pose no p.obl"*s and barrier walls will be on the left and right portions to address this issue. Councilwoman O'Mahony moved adoption of RESOLUTION 70-98 Certifying and Approving the Final EIR for the Landfili park Project, and Exhibit A was modified to include the dog leash law for the entire park facility except the dog run facility. Seconded by Councilman Galligan and carried unanimously 5-0 by roll call vote. SIGNS ON LARKSPUR DRIVE AT LINDEN AVENUE public Works Director reviewed his memo of July 9, 1998 which recommended council hold a public hearing and take action on adoption of an ordinance authorizing installation 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 iommission supported installation of stop signs because of the large number of small children in the neighborhood. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. Councilman Galligan moved adoption of ORDINANCE t594. Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote. July 20, 1998 380 Burlingame City Council PUBLIC HEARING - SECOND READING OF ORDINANCE 1595 SETTING 1998-99 WATER RATES Finance Director reviewed his memo of July Jlune 24, 1998 which recommended council hold a public hearing and take action on 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. He showed computer graphics of water use and rate comparisons. Single family rates will increase 5.2 percent, from $1.92 to $2.02 per 1 ,000 gallons; Burlingame Hills resident rates will increa se 5 .2 percent to $2 .28; and the fixed monthly meter charge will increase by 7 percent. Mayor Spinelli opened the public hearing. R.R. Miller, Dufferin Avenue, said he received a water bill where the sewer portion was greater than the water portion, he asked that the computers be adjusted so that the sewer rate never be higher than the water rate. Mayor noted sewer rates would be discussed during the next hearing. The hearing was closed. Councilwoman O'Mahony moved adoption of ORDINANCE 1595. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. PUBLIC HEARING - SECOND READING OF ORDINANCE 1596 SETTING 1998-99 SANITARY SEWER USER RATES Finance Director reviewed his memo of July 7 , L998 which recommended council hold a public hearing and take action on 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. Because of big differences in seasonal water usage, sewer rates are based on the user's water average 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 thousand gallons of water used; multi-family will increase 2 . 1 percent 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 opened the public hearing. There were no comments and the hearing was closed. Councilman Galligan moved adoption of ORDINANCE 1596. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. PUBLIC HEARING - SECOND READING OF ORDINANCE 1597 LIMITING PARKING ON WEST SIDE OF GILBRETH ROAD BETWEEN COWAN ROAD AND MAHLER ROAD Public Works Director reviewed his memo of July 9, 1998 which recommended council hold a public hearing and take action on 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 Burlingame City Council 38r.July 20, 1998 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 crty 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 Knight expressed concern that this will result in these vehicles being moved to another area, Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony moved adoption of ORDINANCE L597. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. PUBLIC HEARING - SECOND READING OF ORDINANCE 1598 REVISING URBAN REFOR- ESTATION AND TREE PROTECTION ORDINANCE Park & Recreation Director reviewed his memo of July 16, 1998 which recommended council hold a public hearing and take action on 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. Councilwoman O'Mahony asked about the prohibition of fruit and citrus trees; Will McGowan, chair of the Beautification Commission, responded that is because fruit and citrus trees do not grow as large. Councilwoman O'Mahony asked about line which specifies the diameter of tree and noted mathematics are incorrect, wouldn't circumference be a better measurement? He personally agreed; and after some discussion council directed that the diameter measurement be removed from the ordinance and the circumference be used to determine if a tree is to be protected. Mayor Spinelli opened the public hearing. Don Cory, 833 Alpine, disagreed with measurement of a tree being the circumference, he preferred using diameter such as you use when buying tires. Cathy Baylock, resident, loved the street trees of the same species which form a canopy over some streets; hate to see a variety of trees planted which will not achieve a uniform canopy. Staff noted this ordinance only deals with private trees, not street trees. The hearing was closed. Councilman Galligan moved adoption of ORDINANCE 1598 with change noted above on line 20. Seconded by Councilwoman Ifuight and carried unanimously 5-0 on voice vote. PUBLIC COMMENTS Peter Wickman, 815 Fairfield, thanked council for the new soccer lights at Bayside Park. Richard Terrones, 800 El Camino, presented a petition signed by over 900 people; it supported updating the Safeway store, but asked that the project not overwhelm the downtown area; city should require the rear of the building face the back of other buildings on Fox Lane and trucks access along El Camino to keep traffic as far as possible from neighborhood streets; city should require building shape and orientation enhance pedestrian appeal of Primrose Road and Howard Avenue. Richard Silver, Caltrain Citizens Advisory Committee, presented a paper on the committee's recommendations for increasing service frequency of trains on the Peninsula. He hoped council July 20, 1998 382 Burlingame City Council would support and adopt the recommendations. Council asked that the matter be placed on the next agenda. Lori Sherman, County Tobacco Prevention, presented results of their study which showed that Burlingame had the highest rate of compliance with tobacco regulations in the county. Kevin Hecteman, 1628 Quesada Way, supported the earlier statements of Rick Silver regarding Caltrain, hoped city would support the recommendations presented. Jess Roat, 101 Lorton Avenue, noted Safeway has not resubmitted plans, they should be told about citizens concerns; need to retain the small town feel of the downtown area. Cathy Baylock, 1527 Newlands Avenue, expressed concerns about a proposed condo project at 530 El Camino Real. Staff noted council had received a letter appealing the project, so corlments should be made at the public hearing which will be scheduled for August 3, 1998. Don Cory, 833 Alpine, expressed concern about Alpine Park adjacent to his home being destroyed; he had not been told anything about this project; logs from trimming Eucalyptus trees by train tracks are still there, been there for months; Eucalyptus trees in park next to his house are sucking up all his yard water, he's tired of paying water bills for these trees; trucks are still parking on Carolan; bus stops still need to have garbage cans; he apologizedfor bringing this all up again but he had not received a response and would appreciate some answers. Council and staff responded; traffic commission is considering the parking problems; Alpine Park project has been in the planning stages for a couple years, came before the Park and Recreation Commission for public hearings and neighbors have attended; the railroad track trail has been covered with wood chips and the logs are usually left because people pick them up for fre wood. Cory noted the logs are too big for home use and too hard to cut up. INTRODUCTION OF ORDINANCE 1599 AUTHORIZING SAN MATEO COUNTY TO EN- FORCE THE WORKPLACE NON-SMOKING LAW City Attorney reviewed his memo of July 10, 1998 which recommended council authorize the County Health Services Agency personnel to enforce the State non-smoking laws in our city. In 1994 the State adopted smoking law regulating smoking in most workplaces in California and in 1996 the State specified that smoking of tobacco in bars and taverns would be prohibited after January 1, 1998. This will allow the county to issue citations to bar owners and the District Attorney will prosecute. Council discussed; confirmed no cost to the city; asked about wording "enforced by County and City employees" and does that mean that council members or office workers are expected to enforce; staff responded only employees authorized by the Police Chief can enforce; asked about provision that no employee would be obligated to enter a smoking area. Lori Sherman, County Tobacco Prevention Program, responded. Mayor 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 5-0 by voice vote. Councilwoman O'Mahony moved to introduce ORDINANCE 1599. Seconded by Vice Burlingame City Council 383 July 20, 1998 Mayor Janney and carried unanimously 5-0 by voice vote. The mayor asked the clerk to publish a sunmary of the ordinance at least five days before the public hearing on August 3, 1998. CANCEL STUDY MEETING OF JULY 22. 1998 City Manager reviewed his memo of July 14, 1998 which recommended council cancel the haly 22 study meeting. He also noted council will need to consider whether to cancel the August t7 and L9 meetings; staff is preparing the CATV contract renewal consideration which might be introduced at the August 3 meeting and the public hearing could be held on September 9, 1998. Council moved to cancel the July 22 sndy meeting. Seconded and carried unanimously 5-0 on voice vote. CONSENT CALENDAR Councilwoman Knight had a question on item "c" the Broadway streetscape project; she wondered about the color of the sidewalks. Councilwoman O'Mahony noted the Broadway Streetscape Committee specifically chose that color. City Manager noted that item "f" would be removed for a public hearing at the next meeting RESOLUTION 71-98 DESIGNATING AGENTS FOR EXECUTING AND FILING APPLI- CATIONS FOR FEMA CLAIMS Finance Director's memo of July 2, L998 recommended council approve a resolution authoriz- ing certain city officials to act using their titles, rather than their names. This will allow the same resolution to be used for all ensuing disasters which qualify for FEMA aid. RESOLUTION 72-98 AWARDING CONSTRUCTION CONTRACT FOR LANDFILL PARKTNG LOT - CP 9117(T) Public Works memo of July 15, 1998 recommended council award this contract to DeSilva Gates Construction L.P. in the amount of $499,580 for the construction of the joint city/hotel landfill development parking lot. The city will receive reimbursement from Doubletree Hotel for a portion of these costs. RESOLUTION 73-98 ACCEPTING COMPLETION OF BURLINGAME AVENUE PARK- ING LOT - CP 9644. AND BROADWAY / WELLS FARGO BANK STREETSCAPE PROJECT - CP 9511 Public Works memo of July 13, 1998 recommended council approve a resolution accepting the two projects installed by JJR Construction for a total cost of $356,700. The parking lot cost was $270,600 and the Broadway project was $86,100. a b c July 20, 1998 384 Burlingame City Council f. ob' RESOLUTION 74-98 AUTHORIZING RENEWAL OF AGREEMENT FOR SHUTTLE BUS SERVICE Finance Director's memo of July 7, t998 recommended council approve a resolution extending the shuttle bus services with Empex Ventures, dba Industrial Passenger Services. The cost of the contract is estimated at $12,M3 per month and the city has received a $87,000 CCAG grant for the commuter portion of the shuttle bus. REJECT CLAIMS OF (1) pUBU INC (SCOTT DEPENBROOn. (2) FRED STURM. (3) CHRrS & ANGELA KOURTOGLOU. AND (4) HEIDI CULLEN City Attorney's memos of July 14, 1998 recommended denial of these claims (1) flood damages, (2) for a tree branch falling on vehicle, (3) for flooding damages, and (4) for vehicle damage. Removed (Tentative Condo Map for 34 Units at 530 El Camino Real) no action RESOLUTION 75-98 APPROVING LABOR AGREEMENT WITH POLICE OFFICERS ASSOCIATION AND RESOLUTION 76-98 APPROVING LABOR AGREEMENT WITH THE ASSOCIATION OF POLICE AND FIRE ADMINISTRATORS City Manager's memo of July 14, 1998 recommended council adopt two resolutions approving labor agreements with the POA and the Association of Police and Fire Administrators for two years with wage increases of 5 percent each year. h. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 58496 - 58996 (excluding Library checks 58709 - 58765), duly audited, in the amount of $2,417,446.73,Payroll Checks 107685 - 108429 for the month of June 1998 in the amount of $L,122,709.74 and Electronic Fund Transfers for June 1998 in the amount of $335,26L.46. SPECIAL EVENT PERMIT FOR BROADWAY MERCHANTS - SIDEWALK SALE ON AUGUST 22-23. 1998 City Manager's memo of July 15, 1998 recommended council approve the request for the Broadway Merchants annual sidewalk sale on August 22-23 with usual conditions. Councilwoman Knight moved approval of the Consent Calendar except for item "f. " Councilman Galligan and carried unanimously. Seconded by COUNCIL COMMITTEE REPORTS Councilman Galligan attended the Convention Bureau for Vice Mayor Janney who was out of town. Councilwoman Knight said she and Councilman Galligan entertained 5th graders from OLA and showed them the city slide show and walked around city hall; she also attended ALUC. i. Burlingame City Council 38s July 20, 1998 d. OLD BUSINESS Councilwoman Knight asked what would be built at the Encore Theater site; staff responded the building being built meets all code requirements, staff had no idea what type of businesses will go into the site. Councilwoman O'Mahony asked why the restrooms are padlocked at Wooley Park on the bay front; do they have a right to lock off from the public? Staff will look into. NEW BUSINESS Vice Mayor Janney noted the Planning Commission approval of a five year lease for airport parking area in bayfront area; she was concerned about tying dorvn this site for so many years. Staff noted this is an interim use and their permit requires they come back for renewal at this time and each five years, lease period could be shorter but council would need to call it up for review to change it; discussed the Specific Area Plan, proposed uses for the parking sites and the fact the site was narrow and long and in 17 different private ownerships. Vice Mayor Janney said her interest was looking into a site for a Convention Center. Other council members recalled 1991 study for a convention center; after study was done it was clear that the idea was rot practical; concluded they would rather see more hotels with conference facilities built. Councilwoman O'Mahony was also concerned about changes coming with the Airport project and its required relocation of rental car businesses onto its site. Vice Mayor Janney thought council should think about a convention center. Mayor Spinelli scheduled a public hearing for August 3, 1998 for an appeal of the residential condominium project at 530 El Camino Real. ACKNOWLEDGMENTS a Commission Minutes: Traffic, Safety and Parking, July 9; Planning, July 13, 1998. Department Reports: Police, June 1998; Building, June 1998; Parks & Recreation Quarterly Report; Treasurer, June 30, 1998. Letter from Sierra Club inviting council to the "Friends of Mills Canyon" hike on August 8 to educate the public about preventing stormwater pollution in our creeks. Letter from Patricia Gray regarding need for city to join noise abatement program for insulation from airport noise; signed by about B0 people from northern Burlingame. The mayor asked that staff respond. b c d. e. f. Letter from Assemblyman Lempert regarding AB 2568. Memo from CCAG regarding three vacancies on the Bikeways and Pedestrian Advisory Committee. July 20, 1998 386 Burlingame City Council ADJOURNMENT IN MEMORY OF JULIA PRAGER Mayor Spinelli noted with sadness the recent death of Julia T. Prager, long time resident and tireless volunteer. After a moment of silence in her memory the meeting was adjourned at 9:01 p.m. Judith A. Malfatti City Clerk Burlingame City Council 387 July 20, 1998