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HomeMy WebLinkAboutMin - CC - 1998.10.05BURLINGAME, CALIFORNIA October 5, 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 Tex Patterson. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE Mayor Spinelli indicated for those people present who wished to speak about the proposed apartment project ^t 518-522 Primrose that project was being appealed and there would be a public hearing on October 19, 1998 at which they could speak. MINUTES The minutes of the Regular Meeting of September 23,1998 were approved after a change on page 4 by Councilwoman Knight on page 5, paragraph 4 to indicate "her concern was the yard resulttng in too much mass and bulk at rear of property..." Councilman Galligan asked if we increased the franchise fee with TCI at that meeting; staff said no, council would need to take separate action to increase fee. The minutes were unanimously approved as corrected. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON A SPECIAL PERMIT FOR RESIDENTIAL USE OVER FIRST FLOOR COMMERCIAL AND FOR PARKING VARIANCES AT 1155 CALIFORNIA DRIVE City Planner reviewed her memo of September 29, 1998 which recommended council hold a public hearing and take action. The applicant, Alan Coon, architect, is requesting a special permit and parking variances to add one 2816 SF two bedroom second story residential unit over the 9200 SF retail commercial building at 1155 California Drive. The purpose of the living unit is to provide a residence for an on-site security and maintenance person who will be responsible for managing the parking lot and providing janitorial services to the tenants. The two bedroom unit requires 2 parking spaces. Currently the 9200 SF retail commercial building with 25 on-site parking spaces is under construction. The residential unit will take two of these parking spaces resulting in the commercial space providing only 23 parking spaces and requiring a two space parking variance. A conditional use permit for residential use over commercial is also needed and a parking variance for uncovered residential parking. The Planning Commission denied this request at its September 14 meeting. 418 Mayor Spinelli opened the public hearing. Alan Coon, architect, noted there was no public opposi- tion to the project; noted the corner was clipped on the diagonal for an access easement to the adjacent gas station and this presented a problem with the property which affected the parking layout; the residential area is required by code to have two parking spaces, but may not need two spaces; parking spaces will rotate, resident property manager will not always be there so others can use those spaces, also noted that on-street parking in this area is under used; the property owner did a survey and received a number of signatures of residents who favor the project, he presented copies to council and requested approval. Councilwoman Knight asked him if exterior design would change if allowed residential use; he said it was not planned to. The hearing was closed. Council discussed: the property manager will have 31 percent as much space as the first floor retail he manages, not reasonable and too big; residential was added after the retail one story project received a building permit; the residential area is big; usually encourage mixed use, such as apartments over retail on Burlingame Avenue but one unit is not a mix and this residential addition seems an after- thought; parking is a big problem in this area, a lot of commercial activity and with new restaurant across the street may increase problem; would be better if the residential had underground parking and did not compromise the parking for commercial; did not think there was a hardship to grant variances; support Planning Commission. Councilwoman O'Mahony moved to uphold the Planning Commission decision to deny the request Seconded by Councilwoman Knight and carried unanimously 5-0 on roll call vote. PUBLIC HEARING - AMUSEMENT PERMIT FOR NEW OWNER OF CARIBBEAN GARDENS. 1306 BAYSHORE City Attorney reviewed his memo of September 22,1998 which recommended council hold a public hearing and take action. Nina Hernandez is requesting an amusement permit to operate Caribbean Gardens as a nightclub and restaurant. Hernandez has been the manager of the club for the past few months and has now purchased the club. She would like to continue the same hours of operation with a disc jockey on most nights, with an occasional live band. She will abide with the same conditions imposed on the previous owner, including a security guard in the parking lot between 1 a.m. and2:30 a.m. and an early last call for alcoholic beverages. The police department has met with Hernandez and is satisfied that she understands the conditions and will operate in conformance with those conditions. He recommended approval for an eight-month period until the June 1999 annual review of all amusement permits. Mayor Spinelli opened the public hearing. Nina Hernandez was present and requested approval. The hearing was closed. Councilwoman O'Mahony moved approval of the Amusement Permit as recommended. Seconded by Vice Mayor Janney and carried unanimously on voice vote. PUBLIC COMMENTS Jess Roat, 101 Lorton, spoke in opposition to the Safeway project; he hoped the Planning Commis- sion would deny this project when it comes up; this building will be 25-34 feet tall; he presented more pages of a petition in opposition signed by 386 people and noted the total signatures of the Safeway 419 October 5, 1998Burlingame Ciry Council petitions he presented earlier total over 1300, a lot more than the people Safeway asked about plans for their remodel in their focus groups. Darlene DeMaria agreed with objections to Safeway project, this a huge building; noted there would be a public forum at the United Methodist Church at El Camino and Howard on October 8, 1998, to hear and respond to a presentation by Safeway representatives. INTRODUCTION OF ORDINANCE 1604 ESTABLISHING FIVE TWO-HOUR PARKING METERS ON THE WEST SIDE OF ANITA ROAD NORTH OF PENINSULA AVENUE Public Works Director recommended council consider introduction of an ordinance authorizing installation of five two-hour parking meters on Anita Road in front of Putnam Auto. The Traffic Commission reviewed this request from Nick Corso of Putnam Auto dealership and recommended it to council. 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 by voice vote. Councilwoman O'Mahony moved to introduce ORDINANCE 1604. Seconded by Vice Mayor Janney and carried unanimously by voice vote. The mayor asked the city clerk to publish a summary of the ordinance at least 5 days before the hearing on October 19, 1998. COMMISSION TERM EXPIRATIONS City Manger reviewed his memo of September 29, 1998 which recommended council appoint two members to interview for the four commissions with terur expirations. The deadline for application is next week and we have only received two applications. In addition, Beautification Commissioner Carolyn Root has submitted a letter of resignation. Council accepted the resignation of Commissioner Root with regret. Councilwoman Knight asked if incumbent commissioners realized they have to reapply; staff noted they were all sent letters about reapplying. Council discussed need for further discussion of commission roles, might put on agenda for January goal session. Councilwoman O'Mahony moved to extend the application deadline until November 2, 1998. Seconded by Councilman Galligan and carried unanimously. CANCEL STUDY MEETING OF OCTOBER 21. 1998 City Manager reviewed his memo of September 28, 1998 which recommended council cancel the October 2L, 1998 study meeting because there are no issues for study at this time. Councilman Galligan said he would like to discuss the Year 2000 computer problem; could add to goal session. Vice Mayor Janney moved to cancel the October 21 meeting. Seconded by Councilman Galligan and carried unanimously. CITY COUNCIL CALENDAR FOR 1999 City Manager reviewed the City Clerk's memo of September 21, 1998 which recommended council adopt the 1999 Calendar of meetings. Council usually trys to cancel the last two meetings in July or October 5, 1998 420 Burlingame City Council August for its sufilmer break. Council should indicate whether it prefers July or August for summer break and approve the calendar. Councilwoman O'Mahony indicated she would prefer the July surnmer break. Staff noted this would be indicated on the calendar as "cancel if possible. " Councilwoman O'Mahony moved approval of the 1999 City Council Calendar. Seconded by Councilman Galligan and carried unanimously. UNAUDITED FINANCIAL SUMMARY FOR FISCAL YEAR 1997-98 City Manager reviewed the Finance Director's memo of September 29, 1998 which presented for council's information the unaudited financial summary. He noted it was a very good year financially for the general fund; there was a 14 percent increase in transient occupany tax and a 7.5 percent increase in sales tax. General Fund revenues increased 8 percent while expenditures were up only 3.9 percent. The water and sewer revenues decreased over 8 percent in part from "El Nino. " We need to watch these funds carefully. Over $14 million was spent on capital projects last year. CONSENT CALENDAR City Attorney noted that item "h" regarding 518-522 Primrose was removed because of an appeal. a.RESOLUTION 103-98 AUTHORIZING AGREEMENT WITH C/CAG FOR AB 434 Finance Director's memo of September 2L,1998 recommended council approve an agreement with C/CAG for $87,000 in AB 434 tunds (Clean Air Act). This bus is also tunded by donations from employers along the shuttle bus route. There are no general fund contributions for the commuter shuttle. The mid-day shuttle is funded by the transient occupany tax and donations from the merchants groups in the city. City Manager's memo of September 29,1998 recommended council approve this agreement with 43 fire fighters as authorized by council. Terms of the 30 month agreement, to Decem- ber 31, 2000, include 5 percent salary increases inJune 1998 and June 1999 and2.5 percent in July 2000. RESOLUTION 105-98 AUTHORIZING AGREEMENT WITH WOODWARD-CLYDE- INTERNATIONAL-AMERICAS FOR THE DOUBLETREE PARKING LOT AND LAND- FILL TOP DECK CONSTRUCTION MANAGEMENT SERVICES. OUALITY ASSUR- ANCE. ADDITIONAL DESIGN ASSISTANCE AND GEOTECHNICAL SERVICES - CP 9Lt7(.3\ Public Works memo of September 29, 1998 recommended council approve an agreement with Woodward-Clyde-International-Americas in the amount of $142,100 for the Doubletree parking lot and landfill top deck quality assurance and top deck design assistance and geo- technical services. b c Burlingame Ciry Council 421 october 5, 1998 RESOLUTION 104-98 APPROVING LABOR AGREEMENT WITH FIRE FIGHTERS UNION LOCAL 1872 IAFF d RESOLUTION 106-98 AUTHORIZING AGREEMENT WITH NOLTE ASSOCIATES FOR FOCUSED EIR FOR BAYFRONT BICYCLE/PEDESTRIAN ''GAP'' TRAIL - CP 9643 Public Works memo of September 28,1998 recommended council approve an agreement with Nolte Associates for the Focused Environmental Impact Report (EIR) for the Bayfront "gap" portion of the trail near the intersection of Airport and Bayshore at a cost of $47,000. e REJECT CLAIM OF SLEEPRITE INDUSTRIES City Attorney's memo of September 22, 1998 recommended council deny this claim for alleged damage to pavement caused by a city contractor in February 1998. RESOLUTION 107-98 APPROVING MANAGEMENT LABOR AGREEMENTS WITH THE DEPARTMENT HEADS AND WITH UNREPRESENTED EMPLOYEES: CITY City Manager's memo of September 25, 1998 recommended council approve these labor agreements with the Association of Department Heads, and with Unrepresented Employees for two year terms to June 30, 2000 and with salary increases of 2.6 percent for non-safety, and 5 percent for safety employees and with some equity adjustments based on salary surveys. FINAL CONDOMINIUM MAP FOR A FOUR UNIT CONDO AT 1404 EL CAMINO REAL - PM 97-5 Public Works memo of September 28,1998 recommended council approve a permit this map as recorlmended by the Planning Commission. Removed. (Tentative and Final Parcel Map for Lot Combination for a Proposed 15 Unit Apartment Building at 518-522 Primrose - PM 98-11) Councilwoman O'Mahony moved approval of the Consent Calendar excepting item "h. " Seconded by Councilman Galligan and carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman Knight attended ALUC, Council of Cities with the Mayor, and the Transportation Authority; she told of JPB Draft Rapid Rail Study and council discussed; staff noted a presentation could be made to council by train representatives. Mayor Spinelli announced he attended Council of Cities and the League of California Cities conference in Long Beach; he noted he was really proud of our city's website, other cities are spending a lot of money on these sites with poorer results. Councilwoman O'Mahony went to a CMAQ meeting, she suggested the Mayor appoint an alternate to that committee since because of her position in C/CAG she cannot vote. Councilman Galligan participated in the BCE golf tournament today. OLD BUSINESS - none f ob h. October 5, 1998 422 Burlingame Ciry Council NEW BUSINESS Mayor Spinelli set an appeal hearing for October 19, 1998 for the lot combination maps and Negative Declaration for an apartment project at 518-522 Primrose Road. Councilman Galligan asked if we could have Safeway install "story poles" to indicate the height of their proposed project. Councilwoman Knight said the issue is also the various heights and effects of the shop exteriors. Staff indicated this might be too early in the process for story poles. Councilman Galligan asked about the thefts from parking meters and recent arrests; perhaps we should collect from meters more often. Staff indicated we are collecting more often and also noted the locks have been changed in the meters. Councilwoman O'Mahony related the Broadway merchants concern about closing the Broadway train station which might result in loss of business to that area and that they should be invited to attend any presentation by train representatives. Councilwoman Knight had a video tape from a resident who wants to show a remodel of his home which is the same configuration as the home on Vernon which council denied at the last meeting; he would like the Planning Commission and the Design Review people to see the tape. City Attorney announced that staff would like to discuss during closed session at a future meeting the proposed parking lot property trade with Safeway. ACKNOWLEDGMENTS a Commission Minutes: Park & Recreation, September 17; Senior, September 17; Traffic, Safety and Parking, September 10; Planning, September 28, 1998. Department Reports: Police, August 1998. Letters from Juda Azzopardi and from Donald Martella regarding the latest Safety plan. Letter from Patricia Gray regarding airport noise. Proclamation for Burlingame High School's 75th Anniversary. Letter from the Mayor of Angels Camp requesting financial aid in a lawsuit before the California Supreme Court. At 8:09 p.m. the meeting was adjourned to a closed session to confer with the City Manager and City Attorney on one matter of potential litigation pursuant to Government Code 54956.9. The meeting reconvened at 8:55 p.m. and the City Attorney announced that he and the City Manager received direction from the council. b c. d e. f. CLOSED SESSION Burlingame Ciry Council 423 October 5, 1998 ADJOURNMENT Mayor Spinelli adjourned the meeting at 8:56 p.m. Judith A. Malfatti City Clerk October 5, 1998 424 Burlingame City Council