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HomeMy WebLinkAboutMin - CC - 1998.08.03BTJRLINGAME, CAI,IFORNIA August 3, 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 Paul Gumbinger. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of July 20, 1998 were changed by Mayor Spinelli on page 1 , last paragraph, 5th line, "remodeled house will gddhrre three bedrooms and two baths for a total of five bedrooms." Councilman Galligan suggested rewording sentence on page 2, where Councilwoman Knight discussed this as a "pilot" project; this made it appear to be the first project subject to the design review resolution, when in fact several projects have already gone through this process; at the end of the sentence added "...for design review-lA-cctmgb4oJe-coun1i!." On page 3, he added to the last sentence in paragraph 4, on the discussion about the golf driving range " .. .and barrier walls'but .,, ZONED R-3 - TENTATIVE CONDOMINIUM MAP FOR 530 EL CAMINO REAL City planner reviewed her memo of July 24, 1998 which recommended council hold a public hearing and take action. The applicant, architect Paul Gumbinger, is requesting to build a new three story 34 unit condominium with 73 parking spaces below grade and,2 at grade (75 parking spaces provided, 70 required) at 530 El Camino. The site now consists of one lot with street frontage on both El Camino neit (tOO feet) and Almer Road (12 feet). The site is now occupied by a 16,000 SF medical office building with 50 surface and below grade parking spaces vrhich is a nonconforming use in the R-3 zone. The medical office building will be demolished to build the project. The General Plan shows this site as medium high density residential use, 2l to 50 dwellings per acre (proposed project has about 35 units per acre). The plan also encourages the protection and promotion of El Camino Real as a residential street from Dufferin south to the San Mateo city limit. The proposed project meets or exceeds all zoning requirements. A total of 57 .4 percent of the front setback is proposed to be landscaped where 60 percent is required in the condominium guidelines; this represents a deficit of 136 SF in planting area at the front of the building. This cleficit is caused by a curved driveway at the 388 front of the building. The driveway was added in an early revision because the traffic study indicated that because of trees, the curve on El Camino and sight lines, cars coming onto the site should enter at the south end of the frontage and exit at the north end, and since there is no parking on El Camino, traffic moving at a high rate of speed, an off street loading/delivery area was important to the safety of the residents. In order to produce a 12 foot wide driveway at the front, the applicant reduced landscaping by 136 SF. Common area landscaping is provided in a central courtyard and on a deck area extension of the first floor slab over the parking area below the building. Parking is an important issue with any residential condominium, but particularly one of this size on El Camino where there is no adjacent on-street parking. This project had provided five additional parking spaces, two at the front of the building and three inside the security gate. In addition the applicant plans to designate five of the required parking spaces as guest parking. The project provides an exit onto Almer Road from the parking garage. A Mitigated Negative Declaration was prepared for this project; mitigation are listed as part of the 43 conditions recommended by the Planning Commission for approval of the project. The Planning Commission unanimously approved the Mitigated Negative Declaration, residential condominium permit, and recommended the tentative map for approval to the city council at its meeting of July 13, 1998. Councilwoman Knight had concerns about parking, this area is already impacted; guest parking is provided in an area that is difficult to access; staff noted the project included five more parking spaces than required, two spaces are outside the gate and 8 guest spaces are provided within the secure garage; each unit will be able to open the garage gate from inside their unit. Councilwoman O'Mahony noted she had discussed with City Attorney the fact that she lives near this project, but not within 300 feet of the project, so she could participate in discussion and vote; she also asked that the person who just presented the stack of papers regarding the project be responsible for presenting that information orally to council because it was too much for council to read and absorb at this time. Mayor Spinelli asked about the condition regarding drainage from the project to a storm drain near Almer Avenue; staff noted drainage improvements are planned for that area, the city may build or create an assessment district to improve drainage; until the improvements in the street are installed, the drainage from this project can run into the gutter on Almer, as is the case for other developed sites on Almer. Mayor Spinelli opened the public hearing. Paul Gumbinger, architect and applicant, noted the City Planner had presented the project clearly and he would answer any questions; he asked that he be allowed to respond to any other comments made during the public hearing. Henry Sorensen, 525 Almer Road, explained he was a retired teacher and has lived in Burlingame as well as at his present address for many years; he had presented each council member with papers showing his concerns; first concern was wires across yard which utilities have assured him would be resolved; wants to be assured there will be no costs to the residents at 525 Almer for drainage facilities needed for this project; understood drain construction costs would be covered by sewer fees for existing buildings; about the retaining wall and fence being built next to his yard, he would like to see a greater setback, at least 20 feet from the building and 12 feet from the garage roof/deck, his yard will be immediately adjacent to the deck on two sides. Anne Kelly, 525 Almer, Vice President of the Homeowners Association, wanted to be assured there would be no costs for the drainage improvements caused by this project to the owners of 525 Almer, she would like something in writing from the city; she also supported Sorensen's concerns. Will McGowan,3T Lorton, wanted to be sure the large Eucalyptus trees on El Camino were protected; suggested the current driveway cuts be used Burlingame City Council 389 August 3, 1998 for the new driveways for this project because putting in new driveways will require cutting some roots of trees and may harm the trees. Gumbinger responded utility lines issue will be resolved, the setbacks to the building for the project are more than required; there will be a new 7 foot high fence atop a retaining wall increasing the height on Mr. Sorensen's side to about 10 feet; noted they are removing a non-conforming building on El Camino; he is also concerned about the Eucalyptus trees and will protect the root systems; the project exceeds parking requirements. The hearing was closed. Councilwoman O'Mahony moved approval of the Mitigated Negative Declaration on the basis that the project conforms with the General Plan and meets the goals and objectivess of the 1994 Housing Element, it conforms to all zoning and utility requirements; and traffic studies indicate the traffic load on Almer will be less than the office use, and the reasons stated by the Planning Commission at their meeting and the public hearing and with findings in the initial study and evidence before the council this evening. Seconded by Vice Mayor Janney. On the motion, Mayor Spinelli had real concerns about the drainage problems, there is a small condo project in his area that has underground parking and pumps water into the street all year long; does not want to see such a large garage pumping water all the time onto Almer. Councilwoman O'Mahony said she lives in area and her condo building also pumps water onto street, as do others in area; agree the city needs to expedite the drainage project in area; could we condition the project that they put in drainage by certain time or pay into it now. Staff responded the drainage project will be installed later, can't determine costs yet, the property could build or the city could build, will decide later. The City Planner also noted the deck does not count in the setback measurements because it is built at grade. The motion to approve the Negative Declaration carriecl 4-1 on roll call vote, Councilwoman Knight voting no. Councilwoman O'Mahony moved approval of the residential condominium permit and exception to landscaping for the reasons cited by the Planning Commission and for the Negative Declaration. Seconded by Vice Mayor Janney. On the motion, Councilwoman Knight noted she had voted against a previous project on this property in 1991; she felt the current project was built within the 35 foot height limit but was still too large. Mayor Spinelli called for a vote on the motion to approve the residential condominium permit and exception to front landscaping. The motion carried 4-1 on roll call vote, Councilwoman Knight voting no. Councilwoman O'Mahony moved to approve the variance for parking in the front setback on the basis of reasons noted by the Planning Commission. Seconded tly Councilman Galligan and carried 4-1 on roll call vote, Councilwoman Knight voting no. Councilwoman O'Mahony moved to approve the Tentative Condominium Map for the project as reconrmended by the Planning Commission. Seconded by Councilman Galligan and carried 4-1 on roll call vote, Councilwoman Knight voting no. August 3, 1998 390 Burlingame City Council City Attorney noted he would bring a resolution reflecting council's action to the next meeting. PUBLIC HEARING - SECOND READING OF ORDINANCE 1599 AUTHORIZING COUNTY HEALTH SERVICES AGENCY TO ENFORCE LABOR CODE SECTION 6404.5 (WORKPLACE NON-SMOKING LAW) City Attorney reviewed his memo of July 29, t998 recommended council hold a public hearing and take action. On July 20 council introduced this ordinance after receiving a report from the County Tobacco Prevention Program regarding compliance with the workplace non-smoking regulations. Mayor Spinelli opened the public hearing. Wilbur Johns, 37 Stanley, objected to the city persecuting smokers; also objected to letting the County take over duties in our city. Lori Sherman, County Tobacco Prevention, spoke in favor. The hearing was closed. Vice Mayor Jarurey moved adoption of ORDINANCE 1599. Seconded by Councilman Galligan and carried unanimously 5-0 on roll call vote. PUBLIC HEARING - FEES FOR APPEALS OF PLANNING COMMISSION APPLICATIONS - RESOLUTION 77-98 City Planner reviewed her memo of July 15, 1998 which recommended council hold a public hearing and take action. Council needs to decide if it wants to charge a fee for appealing Planning Commis- sion decisions to city council and what to charge. The fees would not take effect until 60 days have passed. At the Planning Commissior/City Council study meeting in May, there seemed to be a consensus that the city should start charging appellants for appeals of Planning Commission decisions to city council. Staff did some research on the number of appeals and amount of staff time spent preparing and distributing an appeal request, and the total cost of the preparation process. The research revealed costs of over $350 but because our other fees are low, staff suggested a fee of $75 plus a $25 noticing fee. Councilwoman Knight wanted the public to be aware that they can also ask a council member to call up a project for review and there would be no charge. Vice Mayor Janney asked about the possibility of refunding the appeal cost if the appeal is upheld; staff recommended against that. Councilman Galligan thought if the actual costs are so much higher, we should charge more; the issue is making people really think about a project before appealing; would rather see a higher fee charged, suggested $225 plus a $25 noticing fee. Councilwoman O'Mahony agreed, this will make an applicant think through their decision carefully, we will get better projects and we would stop frivolous appeals. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed Vice Mayor Janney agreed with others, this will give applicants an incentive to get things right the first time; our staff spends a tremendous amount of time on appeals. Councilwoman O'Mahony moved to approve RESOLUTION 77-98 with a change in the amount of fee to $225 for the appeal fee and $25 for noticing. Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote. The city attorney noted these fees will go into effect in 60 days. Burlingame City Council 39t August 3, 1998 PUBLIC HEARING - REVISING PUBLIC WORKS FEES. BONDING AND INSURANCE SCHEDULES - RESOLUTION 78-98 Public Works Director reviewed his memo of July 27 , 1998 which recommended council hold a public hearing and take action. Public Works has a schedule of fees charged for various permits, inspections and bonds and insurance processing. This schedule has not been revised since 1991. The suggested fees reflect a more realistic amount of time spent by city forces to process permits. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed Councilwoman O'Mahony moved adoption of RESOLUTION 78-98 as proposed. Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote. The city attorney noted these fees will go into effect in 60 days. PUBLIC COMMENTS - None. CABLE TELEVISION FRANCHISE - RESOLUTION 79-98 RESOLUTION OF INTENTION TO RENEW FRANCHISE. SETTING PUBLIC HEARING FOR SEPTEMBER 9. 1998 AND EX- TENDING EXISTING FRANCHISE WITH TCI CABLEVISION UNTIL OCTOBER 31. 1998 INTRODUCTION OF ORDINANCE 1600 APPROVING FRANCHISE AGREEMENT WITH TCI CABLEVISION FOR CABLE TELEVISION FRANCHISE RENEWAL INTRODUCTTON OF ORDINANCE 1601 AMENDTNG CHAPTER 6.48 (CABLE TELEVISION SYSTEMS) City Manager reviewed his memo of July 17, 1998 which recommended council review the proposed franchise agreement and updated cable television regulatory ordinance and adopt the resolution of intention to renew the franchise setting September 9, 1998 as the public hearing date and introduce the two ordinances. The resolution of intention also extends the current franchise so that the new ordinances can become effective. If council wishes, we can hold a study meeting in August with our consultant to address any questions. The current franchise has been extended three times and expires August 31, 1998. Our cable television consultant Carl Pilnick of Telecommunications Management Corporation has been meeting with staff and TCI for the past eight months concerning renewal of the city's non-exclusive CATV franchise with TCI. In addition our consultant has been assisting with an update of the ordinances. Major elements of the proposed franchise agreement are: 1) a 10 year term plus 2 additional years if interactive services (Internet) are provided within 18 months (must be provided within 36 months); 2) franchise fee option of 5 percent; 3) system upgrade; 4) city and schools connected to the interactive network; 5) most favored nation (comparison with other cities to reflect state-of-the-art cable services during term of franchise); 6) support of a local office, origination and public, educational and governmental (PEG) access including televising coverage of annual events, monthly programs and cable casting of city council meetings. Council noted the letter listed under acknowledgments from Ken Castle and his complaints about the quality of digital television service TCI is selling; Channe! 2 has poor picture quality and Channel 6 sometimes has a confusing radio soundtrack; would like to have the consultant come to a meeting to respond to council questions; also issue weekend service and local office. Staff noted complex issues August 3, 1998 392 Burlingame City Council involved; a representative of TCI was present; she said she could arrange to have an engineer present at the next meeting to respond to council questions; another problem is the current system is old and outdated; will have to be rerouted and upgraded. Staff noted our consultant can respond to general standards about the cable industry, but not to specific problems. Councilman Galligan moved to adopt RESOLUTION 79-98 "Intention to Renew Franchise and Setting Public Hearing for September 9, 1998 and Extending Current Contract until October 31, . 1998. " Seconded by Vice Mayor Janney and carried unanimously by voice vote. The mayor asked the city clerk to read the title of the ORDINANCE 1600 approving franchise agreement. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Councilman Galligan moved to introduce ORDINANCE 1600. Seconded by Vice Mayor Janney and carried unanimously 5-0 by vote. The mayor asked the city clerk to publish a summary of the ordinance before the public hearing on September 9, 1998. The mayor asked the city clerk to read the title of the ORDINANCE 1601 amending Chapter 6.48 (Cable Television Systems). Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Council- woman O'Mahony moved to introduce ORDINANCE 1601. Seconded by Councilman Galligan and carried unanimously 5-0 by voice vote. The mayor asked the city clerk to publish a surnmary of the ordinance before the public hearing on September 9, 1998. RECOMMENDATION OF THE CALTRAIN CITIZENS ADVISORY COMMITTEE FOR INCREASING TRAIN SERVICE FREOUENCY At the last council meeting, Richard Silver presented recommendations of the Committee to council and requested that council support these recommendations to increase the frequency of train service on the Peninsula. Council discussed; these recommendations are something many council members have been supporting all along; but first priority is electrification of the rail system; also concern more trains will cause more delays on our local roads with crossing gates down more; would also like to see more trains in later evening so people can use the train to go to the city for dinner or shows; this only recommends JPB review the system to see if these recommendations are possible; seems more appropriate for the JPB to make a decision, then council could support that decision. CIVIL SERVICE COMMISSION APPOINTMENT City Manager reviewed his memo of July 16, 1998 which recommended council consider how to fill the vacancy caused by the unexpected passing of Civil Service Commissioner Mike Ellis. In February council interviewed applicants to the commission. Council may direct staff to contact the remaining candidates to see if they are interested in serving and make an appointment from that pool, or council may call for new applications with a deadline of Monday, August 31, 1998. Councilwoman O'Mahony noted she and Councilman Galligan interviewed Keith Kutner who is a very good candidate. Councilman Galligan suggested staff inquire if Keith Kutner is still interested in the position. Council concurred. Councilman Galligan moved to appoint Keith Kutner to the Civil Service Commission. Seconded by Vice Mayor Janney and carried unanimously by voice vote. Burlingame City Council 393 August 3, 1998 CANCELLATION OF AUGUST 17 AND 19 MEETINGS City Manager's memo of July 20, 1998 recommended council cancel the August 17 and 19 meetings if possible. Councilman Galligan moved to cancel the two meetings as recommended. Seconded by Vice Mayor Janney and carried unanimously. CONSENT CALENDAR City Planner pointed out a correction in item "d" and Councilwoman O'Mahony asked that items "a, b and d" be removed for discussion. Removed. Removed. PEDESTRIAN BRIDGE AND WATER MAIN LOCATED ON THE ADJACENT PROP- ERTY ACROSS THE BURLINGAME LAGOON CHANNEL Public Works memo of July 27, 1998 recommended council approve a resolution accepting the public access easement through 577 Airport property to construct maintain and repair the bicycle and pedestrian bridge and water line located across the Lagoon channel' Bay Park Plaza Associates, LP, owners of 577 Airport have signed and granted the easement. d. Removed a. b. c. e f, o TIMBERLINE TREE SERVICES - CP 9823 Parks & Recreation Director's memo of July 29, 1998 recommended council award this contract to Timberline Tree Services. Timberline's bid was $37.50 per man hour which represents a decrease over the previous year and is $1.95 lower than the other bid. There is $95,000 in the budget for tree trimming. V/ork rvill be performed over the life of the contract and to a maximum of $95,000. OF LONG BE,4CH AT NO COST TO CITY City Attorney's memo of July 27 , 1998 reconmended council approve joinder in the amicus brief being filed in Lim vs. Long Beach; a case regarding the ability of a city to regulate where "First Amendment" land uses can go. RESOLUTION 82-98 ACCEPTING REHABILITATION OF SEWER FORCE MAIN. HTGHWAY 101 CROSSING. BY TRINET CONSTRUCTION - CP 8405(1) Public Works memo of July 29, 1998 recommended council accept this job as completed by Trinet Construction in the amount of $107,208. August 3, 1998 394 Burlingame City Council Councilman Galligan moved approval of the Consent Calendar, excepting "a, b and d. " Seconded by Councilwoman O'Mahony and carried unanimously 5-0 on voice vote. REMOVED CONSENT CALENDAR ITEMS a RESOLUTION 83-98 AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY CONVENTION AND VISITORS BUREAU RESOLUTION 84-98 AUTHORIZING AGREEMENT WITH BURLINGAME CHAMBER OF COMMERCE RESOLUTION 85-98 AUTHORIZING AGREEMENT WITH PENINSULA CONFLICT RESOLUTION CENTER City Manager's memo of July 16, 1998 recommended council approve agreements with the San Mateo County Convention & Visitors Bureau; the Chamber of Commerce; and the Peninsula Conflict Resolution Center for 1998-99. The adopted budget includes funding of $412,731 for the Convention Bureau; $23,865 for the Chamber; and $11,341for the Conflict Resolution Center. Councilwoman O'Mahony asked when the Convention Bureau director's term is up; she also wondered about the value of the Conflict Resolution Center service to our city. City Manager said the Convention Bureau director has a two year contract; he also pointed out an error in the dates of the Conflict Resolution contract. Chief of Police described the results of a particular issue mediated by the Conflict Resolution Center that saved the parties involved from possible violence. Councilwoman O'Mahony moved approval of the three contracts as proposed. Seconded and carried unanimously. RESOLUTION 86-98 DENYING THE APPEAL AND APPROVING A REOUEST FOR VARIANCES FOR DECLINING HEIGHT ENVELOPE. NUMBER OF PARKING SPACES, AND PARKING SPACE DIMENSION ON CONDITIONS - 112 CENTRAL City Attorney's memo of July 22, 1998 recommended council adopt this resolution confirming the findings and decision made by council at the July 20, 1998 meeting on the appeal of Ll2 Central Avenue. Councilwoman O'Mahony noted council discussed requiring the applicants to remove all files and appliances from the garage, she would like that added to condition 3. Councilwoman Knight noted she had voted against this project, so her vote would be no. Councilman Galligan said the project had such a long driveway that there was no need to make such a requirement not to store goods in garage and such a condition would be difficult to enforce; they can park five cars in driveway, he would also vote no with that change. Councilwoman O'Mahony moved adoption of amended RESOLUTION 86- 98. Seconded by Vice Mayor Janney and carried 3-2 on voice vote, Councilwoman Knight and Councilman Galligan voting no. b Burlingame City Council 395 August 3, 1998 d RESOLUTION 87-98 AUTHORIZING AGREEMENT WITH GATES AND ASSOCIATES FOR DESIGN OF STREETSCAPE IMPROVEMENT PROJECTS IN THE BURLINGAME AVENUE AND BROADWAY COMMERCIAL DISTRICTS - CP 9511 Public Works' memo of July 27, 1998 recommended council approve an agreement with Gates in the amount of $68,500 for the design of streetscape improvements, and provide staff with any comments regarding the general scope of the 1998-99 streetscape program. Councilwoman O'Mahony noted Gates had not been her choice for the Streetscape design projects and she had not been happy with them as she participated through the Streetscape committee process. She asked if part of original agreement was that they would do future projects? City Manager said this was a staff choice from three applicants, council can review all the applicants if it desires. Councilwoman O'Mahony agreed Gates is most familiar with the projects at this stage. Councilwoman O'Mahony moved approval of RESOLUTION 87-98. Seconded by Vice Mayor Janney and carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony attended Council of Cities, CCAG administrative committe, and CMAQ. Councilman Galligan attended a League conference where he learned about "Year 2000" computer problems, the Brown Act, and social security mandates; he also did a "drive along" with the Police Department and complimented the Chief. Mayor Spinelli attended Airport Roundtable. OLD BUSINESS Councilwoman O'Mahony said she had been out of town when Commissioner Mike Ellis passed away; she recalled when Mike's mother died the city planted a tree in her memory and the pleasure that tending the tree gave to Mike and his wife JoEllen. She asked if council could plant a tree in memory of Mike who did so much for the city. Council members felt it was a good idea and a very suitable remembrance. NEW BUSINESS Councilwoman Knight was happy to hear the Farmer's Market would be starting soon, wondered if they had the bathroom/wash station installed yet. Councilwoman Knight also asked if we could put a sign on Rollins Road at the temporary stop light to inform citizens about the sewer project. Councilwoman O'Mahony asked if staff had checked into the reason why restrooms are locked at Whooley Park. Staff is following up on this. Mayor Spinelli said there is a bus stop across from his office and he sees many people pulling suitcases across the train tracks from Northpark Apartments to catch the bus to the airport. He wondered if we could install a macadam path to make it easier for people to cross there. Councilman Galligan asked about possible liability. Staff will contact the JPB. ACKNOWLEDGMENTS a Commission Minutes: Library Board, June 16; Senior, July 16; Planning, Iuly 27, 1998. b. Letter from David Mayers thanking council for the new sidewalks August 3, 1998 396 Burlingarne City Council Letter from Max Drimmer regarding airport noise. Letter from BART about attending a city council meeting Letter from Patricia Gray asking council to reconsider its decision not to participate in the airport noise abatement program. f. Letter from Jackie Depiesse regarding newsracks on Broadway. g. Letter from Ruth Jacobs about fire hazard to homes near the trees and shrubs of Mills Canyon. Memo from Public Works about status of bayfront bicycle path - CP 9643 Letter from Emil Bagneschi complaining about his shrubs being cut for the recent sidewalk repairs. Letter from Alicia Yates regarding poor quality of street paving after the sewer main was constructed on Lincoln. Letter from Ken Castle complaining about the performance of "digital cable" being offered by TCI. l. Letter from eight residents on Ashton requesting a public meeting about airport noise. CLOSED SESSION At 9:16 p.m. the Mayor adjourned the meeting to a closed session to confer with the City Manager on labor negotiations with the Firefighters Union, Local 1872; Department Heads; and Unrepresented Employees: City Manager, City Attorney, City Clerk and Secretary to the City Manager. Council gave direction to staff. The meeting reconvened at 9:59 p.m. The City Attorney announced that no action was taken in the closed session ADJOURNMENT The meeting was adjourned at 10:00 p.m. Judith A. Malfatti City Clerk c d e h. i" J k. Burlingame City Council 397 August 3, 1998