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HomeMy WebLinkAboutMin - CC - 1999.10.04BIJRLINGAME, CALIFORNIA October 4,1999 JOINT MEETING OF CITY COUNCIL AND PARK & RECREATION COMMISSION Mayor Janney called the Joint meeting of the City Council and the Park & Recreation Commission to order at 6:30 p.m. in Conference Room A of City Hall. All five council members were present and P&R Commissioners Dittman, Heathcote, Larios, Minderman, Muller, Piccetti and Youth Advisory members Martindale and Warden were present. Council and commission discussed the Teen programs and facilities, progress on the Aquatic Center and its operations and maintenance, status of the conversion of Landfill to a park which should open in the Spring of 2000, and the ADA playground renovations being completed around the city. Council thanked the commissioners for their efforts. Mayor Janney adjourned the joint meeting at 6:58 p.m. and council moved to the regular meeting in the Chambers. REGULAR MEETING CALLED 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 at7:03 p.m. by Mayor Mary Janney. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Waldo Hinshaw, Burlingame School Board candidate ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: MINUTES The minutes of the Regular Meeting of September 20, 1999, were unanimously approved after Vice Mavor Knisht added on Dase 3: "Vice Mavor Knisht said she would like to oarticioate in the restaurant decision before she goes offthe council..." CONTINUED PUBLIC HEARING ON BURLINGAME SHORELINE TRAIL / BAYFRONT TRAIL GAP CLOSURE CONCEPT - RESOLUTION 108-1999 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE SHORELINE TRAIL; AND RESOLUTION 109-1999 ACCEPTING THE FINAL EIR FOR BAYFRONT TRAIL GAP CLOSURE CONCEPT - CP 9643 Director of Public Works reviewed the memo of September 27, 1999, which recommended council hold a public hearing and take action to approve and certify the EIR for the Burlingame Shoreline Trail and accept the EIR for the Bayfront Trail Gap Closure Concept. He introduced Jane Gomery, project manager, and Bert Verrips, from Nolte Associates, the EIR consultant. He said for the Shoreline Trail segment, approval of the EIR allows the city to construct the southern 178 feet of the trail; construction is scheduled for summer of 2000. For the Bayfront Trail Gap Closure segment, the document provides a general level of environmental review; the acceptance of this document allows 2t GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE property owners to use this document in the design of their own trail. The Draft EIR was released to the public on June l, 1999; a public hearing on the DEIR was held by council on July 6, 1999. On September 8, 1999, council held a public hearing to review the Response to Comments in the Final EIR for these shoreline public trails; at that meeting council moved to continue the hearing to allow some property owners time to meet with the State Coastal Conservancy and BCDC. The EIR identifies significant environmental effects of the project and suggests mitigation that will avoid or reduce the significant effects of the project. He acknowledged a letter received today from Dall & Associates, representing USAREI, a property owner, noting all the comments in this letter can be addressed in the construction design. Mayor Janney opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony said she was satisfied with the EIR and believed all the significant environmental issues had been adequately addressed in the document. She moved to approve RESOLUTION 108-1999 Certifying the EIR for the Burlingame Shoreline Trail. Seconded by Vice Mayor Knight and carried unanimously 5-0 by voice vote. Councilman Galligan moved to approve RESOLUTION 109-1999 Accepting the EIR for the Bayfront Trail Gap Closure Concept. Seconded by Councilwoman O'Mahony and carried unanimously 5-0 by voice vote. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON A NEGATIVE DECLARATION. VARIANCE FOR PARKING SPACE DIMENSIONS AND CONDOMINIUM PERMIT AT 1237-1241 CAPUCHINO AVENUE AND TENTATIVE CONDOMINIUM MAP, AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION - PLANNING COMMISSION DENIAL WITHOUT PREJUDICE UPHELD City Planner reviewed her memo of September 22, 1999, which recommended council hold a public hearing and take action. Action can include the negative declaration, variance, condo permit and tentative and final maps. The applicant, Amir Shahmirza, is proposing to build a new three story, 12 unit residential condominium with underground parking by merging two lots and removing the single family houses at 1237 and l24l Capuchino. The project requires a Negative Declaration, a variance for parking space dimension to allow all parking spaces to be 8'9" wide by 19' deep (where 9' by 20' is required); and a residential condominium permit. The Pianning Commission held a hearing on September 13, 1999, and voted to deny this application without prejudice, suggesting some redesign. She responded to council questions and comments; oniy valiance is from size of parking spaces which was changed from minimum code requirements to this design in response to Planning Commission direction in order to get 3 more parking spaces; possible to put restriction on storing boats and inoperative vehicles inparking spaces. yes; staff said sewer line at rear of property has been inspected, roots are getting into joints and city has put the line on annual maintenance program, line is 6 inch size, the contractor will need to perform a study to determine if the existing 6 inch line has enough capacity, if not the contractor would have to increase the size to an 8 inch line; discussed means of paying for sewer line replacement and proportionate share and assessment district for all27 property owners, cost would be about $100,000, condominium project could have greater share depending on volume; don't think the sewer interceptor project had any effect on these concerns; had concern about drainage pumped onto street from underground garage; the City Attorney will review the CC&Rs before maps are recorded to see it complies with any conditions added. Two letters were received after preparation of staff report, from the Taylors with concerns about sewer impact, and from Wilson & Associates regarding best types of trees for containers over the underground garage. October 4,1999 "t)Burlingame City Council Mayor Janney opened the public hearing. John Kokas, a friend of the applicant with no financial interest in the project, spoke in favor of the project on behalf of applicant who is a registered civil engineer, structural engineer and architect; showed photos of another multi-family project he built in Burlingame on El Camino; city would be proud of this project; they undertook a study and calculate the 6 inch sewer line is adequate to accommodate the project, noted sewer line problems have been going on in this location for 20 years; the exterior of the building will be beautiful, will upgrade the neighborhood and increase property values, better than what is on the site now; these condos are in a transpoftation corridor and owners will be able to walk to Broadway from the site; project will be no higher than buildings behind could build two seven unit apartment houses on these two lots; requested approval. Amir Shahmirza, applicant, noted had done sewer study but not submitted to city yet, shows 6 inch line is all right; he requested approval. Speaking in opposition: Ana Morales, 1256, Capuchino; Gail Moss, 1252 Capuchino; and Sean Doherty, 1251 Capuchino; project is not in character with neighborhood, especially next to single family houses; parking and traffic already heavy impacts; don't oppose a condo, would rather have owners than renters, but project should be scaled down in size, it's "maxed out" and will reduce property values; only 3 story building on block, four to eight units would be more tenable; also spoke on behalf of a neighbor who opposed; residents and visitors of El Camino park on this street; a 15 foot tree will hardly soften the exterior of the building; his house will be the only single-family house left on that side of street; think would rather have two separate apartment houses, would be less bulk; a two story building would be more compatible. Amir Shahmirza rebutted, noting parking with pr"oject exceeded the required parking by three spaces which would help the current parking situation; will add fle 24 inch box trees to planter strip, these will get tall when they mature; if limit to two story will affect property values of all properties in the area; the building at l2l7 Capuchino is taller than this project, even at two stories, because of the grade. The hearing was closed. Vice Mayor Knight said her main concern was sewer and water impacts and parking; with other impacts, use is not compatible with neighborhood; given the variance, find it is detrimental to public health and welfare; she moved to deny the project. Councilman Spinelli seconded the motion; noting this is not a wide street, too many units, too small setbacks, concern about drainage all year round from sump onto the street; project is too much below grade; agreed with Planning Commission comments on parking. Councilwoman O'Mahony noted project is nice, alternative is there could be two 7 unit apartment houses there instead of an attractive condominium, realize facing properties are single family and apartments are not nice to look at; have concerns about sewer capacity and public works has not seen the sewer study; like to see resubmittal with a satisfactory sewer report, area inside for deliveries to be made that does not cross the sidewalk; the sidewalk limitation on size of vegetation because of slab; relocate the building back three feet to provide planting area; CC&Rs prohibit parking boats and other recreation vehicles in resident guest parking on site; address the drainage issue. Councilman Galligan was concerned about financial liability to the city and property owners in the area with these sewer problems; would like to have study done before we make decision; agree this is more attractive than houses there now; he thought council should have a study session on parking impacts in the area bounded by Cabrillo, California, Sanchez and Mills. Mayor Janney noted this project meets code requirements; agreed we should look at parking; this project is close to Broadway and train station, we need housing for younger families; not need any variances, only exception is so can add more parking. Vice Mayor Knight noted the project does need a variance to parking space dimensions; project is not compatible with neighborhood. After some discussion, she revised her motion to uphold the Planning Commission and to deny the project without Burlingame City Council 23 October 4,1999 I prejudice, directing the project go back to Planning Commission. Seconded by Councilman Spinelli and carried 3-2, Councilman Galligan and Mayor Janney voting no, noting they would prefer the revised project come back to council. Staff noted the denial without prejudice action also includes the maps and negative declaration. PUBLIC COMMENTS - None COUNCIL DIRECTION ON REQUEST FOR ENCROACHMENT PERMITS FOR FLOWER CARTS ON THE SIDEWALK AND FOR A DISPLAY/ LOADING AREA IN PARKING LOT B-1. AT 1427 CHAPIN AVENUE Public Works Director reviewed the memo of September 29, 1999, which recommended council approve the encroachment permit for merchandise display area on the sidewalk next to the curb fronting 1427 Chaprn. Further, staff requests council determine whether to approve three encroachments for this business on City Parking Lot B-1 including a display area (16' by 3'), truck parking space, and a loading zone which together would take the area of six parking spaces. If council decides to approve these three encroachments, staff recommended conditions that: (1) the applicant shall install and maintain markings for the parking and loading areas; (2) no trash containers shall be stored in the city parking lot; (3) the permit shall be revoked if it conflicts with any future Parking Lot B-1 projects; and (4) the existing permits dated May 31, 1980 and L982 shall be revoked. The applicant, Burlingame Garden Center, has applied for an encroachment permit for a 3-foot wide merchandise display area (flower carts) located on the sidewalk near the face of the curb. There is a 6-foot clearance between the building and the display area for pedestrian access which meets city requirements. Staff has no objection to this encroachment, but recommends that an existing encroachment permit issued in 1980 for a location directly adjacent to the building be revoked. Another encroachment permit was issued in 1982 to allow removal of 40 feet of curb at the rear of the parking lot. The applicant has indicated the permit was issued to establish a loading zofie. Upon review, staff believes that the permit was issued for temporary construction purposes, not for long term usage of public property. This southwest corner of Parking Lot B-1 has been used for many years by the applicant for parking, loading, unloading, and storage, without a permit. There is also a side gate entrance to the back of the Garden Center and the applicant has been using Parking Lot B-1 as a rear access. The applicant is applying to use the rear southwest corner for truck parking, loading and unloading, and merchandise display. Staff noted six parking spaces could be accommodated in that area; responded to council about how long an encroachment permit is good for, no time limit except as in proposed conditions. Councilwoman O'Mahony moved to approve the encroachment permits as recommended and including all conditions in staff report. Seconded by Councilman Galligan. Councilman Spinelli said he noticed trash stored in the parking lot area; applicant said it has been cleared; important for it to remain clean. The motion carried unanimously 5-0 on voice vote. Parks & Recreation Director reviewed his memo of September 30, 1999, which recommended council (1) formally request the Lions Club meet rvith city representatives to discuss the possible use of Lions Hall in Washington Park as a location for a teen/ community center; and (2) authorize staff to develop an RFP to select an architect to work on development of a new masterplan for the existing Recreation Center (with a senior citizens component) and a coordinated masterplan for a new Community Center (with a teen component). Ocrober 4,1999 24 Burlingame City Council CONSIDERATION OF LIONS HALL AS POSSIBLE TEEN / COMMUNITY CENTER Councilwoman O'Mahony would like to see another youth needs study, need to know exactly what the kids want, teens perceived needs, and look at school facility use; look at gym use and library use after school; middle school kids are the ones this teen center will benefit so should look at the northeast corner of El Camino and Trousdale close to BIS and has been vacant for a long time, a portable teen center could be located there. She also thought members of the Lions Club need time to absorb this proposal, would like to see discussions with them continue. Councilman Spinelli noted Lions Club has asked for a formal request from the city council to allow them to open a dialog with the Lions Club membership; that's the reason for tonight's request. Councilman Galligan asked about the many groups that now use the Lions Hall and wondered where else they could be accommodated; noted Lions use the Hall only two hours a week, could any of these others use the high school facilities. Councilwoman O'Mahony said we can't move too fast, the Lions are reevaluating the use of the Hall, they have many events there other than club meetings which are not factored into the use. Councilman Galligan moved to approve sending letter to Lions. Seconded by Vice Mayor Knight. Councilwoman O'Mahony asked for some revisions to the last paragraph and council agreed. The motion carried unanimously 5-0 on voice vote. Regarding the proposal for an RFP for a Recreation masterplan, council thought we should wait until after a few meetings with the Lions Club and have a better idea of what activities are done now at what locations. INTRODUCTION OF ORDINANCE 1619 AMENDING FOOD ESTABLISHMENT REGULATIONS IN THE BURLINGAME AVENUE COMMERCIAL AREA. SUB-AREA A. AND THE BROADWAY COMMERCIAL AREA City Planner reviewed her memo of Septemb er 23, 1999, which recommended council review the proposed code changes including the tables of Food Establishments by Type for each commercial area, introduce the ordinance and schedule a public hearing. In 1986 council adopted regulations to limit the number of food establishments in these areas; soon after that, council adopted requirements for a use permit for take out service. Over the years these two regulations come into conflict; it became clear that it was diff,rcult for people to understand the differences between take out food service only and food establishments. In 1998 at the joint Planning Commission / Council meeting, it was decided that the food establishment regulations needed to be studied. Staff did site evaluations and copies of staff findings were mailed to each property owner and business operator who were asked to comment. In late 1998 the Planning Commission established the Food Establishment Subcommittee which worked on developing new regulations until August 1999 and reported to the full Planning Commission. The Planning Commission held a public hearing in August and September on these amendments to regulation of food establishments and recommended council introduce the ordinance. Staff noted the implementing tables themselves would not be apart of the ordinance but would be adopted by resolution; responded to council questions; locations not transferable, yesj how was Smoke Shop designated, incidental food sales not a food establishment; thanked past and present commissioners for their efforts; 1420 Burlingame continues despite lack of use of site, variance still viable; council was pleased to see ordinance, it's been a long effort. The Mayor asked the City Clerk to read the title of the ordinance. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded'by Councilman Galligan and carried unanimously. Councilwoman O'Mahony moved to introduce ORDINANCE 1619. Seconded by Councilman Spinelli and carried unanimously. The Mayor directed the City Clerk to publish a summary of the ordinance at least 5 days before the public hearing set for October 18, 1999. Burlingame City Council 25 October 4, 1999 INTRODUCTION OF ORDINANCE 1620 EXTENDING_I-,_ESIGN REVIEW TO NEW SINGLE STORY CONSTRUCTION AND SOME FIRST FLOOR ADDITIONS City Planner reviewed her memo of September 23,1999, which recommended council review the proposed changes to the design review regulations, introduce the ordinance and schedule a public hearing. The Planning Commission has held two public hearings on the proposed changes which extend design review-to all new one story houses and to some single story additions, there were no public comments at either hearing. This change will require design review for all new single-story single family houses, for additions with a plate line of 9 feet or more, increase to the plate height of the existing plate line, or construction of a garage attached to a single-story single family house. The proposed legislation also changes declining height envelope exceptions from a variance to a special permit and adds special permits for reducing the number of parking spaces on site and for attached garages. Vice Mayor Knight noted at the Planning Commission meeting there had been no negative comments, feel satisfied that the public is comfortable with the ordinance; pleased with the special permit "carrot" for detached garages. Councilman Spinelli said declining height envelope has served its purpose, design review has changed the need, the plate height solves another problem. Councilwoman O'Mahony agreed, been working in this direction since 1989; look at quality of what is now being built; this is a great step forward, should set for hearing for October 18; proud of the Planning Commission. Councilman Galligan read the Planning Commission minutes of December 29,1998 which stated "reasoning was that the present regulations allow a loop hole for construction of large one-story houses with attached one car garages which are out of character for the neighborhood where they are located, moreover if additions are made later (or living area extended into attic areas) there is no option to expand parking on the site, forcing a variance or impacting on-street parking;" he discussed guidelines booklet for design review, noted people are still having problems with design review; discussed "design professionals" term, staff noted only architects are licensed by the State; like suggestion about garages and special permits; have a problem with requiring everything to go before design review; thought we should hear this in December after new council is elected. Mayor Janney don't think issue is urgent, would like to wait on this decision for a new council. Councilman Spinelli saw no reason to hold up design review, get it done on October 18. Mayor Janney asked the City Clerk to read the title of the ordinance. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Councilman SpineUi and carried unanimously. Vice Mayor Ifuight moved to introduce the ordinance and schedule a public hearing for October 18. Seconded by Councilman Spinelli and carried 3-2 onvoice vote, Councilman Galligan and Mayor Janney voting no. The mayor directed the city clerk to publish a summary of the ordinance at least 5 days before the public hearing on October 18, 1999. STUDY MEETING SCHEDULED FOR OCTOBER 20. 1999 City Manager reviewed his memo of September 28, 1999, which noted we have a study meeting scheduled for Wednesday, Octob er 20, 1 999. The draft downtown parking study will not be ready until November. Council had suggested a possible tour of teen centers as a study activity. He asked if council wishes to set up a tour for October 20. He suggested using a city van and cars to visit two or three sites and inviting the press and public. If council wishes to wait on the tour, we should cancel the study meeting. Vice Mayor Knight noted she has a conflict on that date. Councilman Spinelli suggested just two members go on tour, then we can avoid problems with Brown Act. Agreed Councilman Spinelli and October 4, 1999 26 Burlingame City Council b Councilwoman O'Mahony will take a tour of teen facilities on October 20; perhaps start at an earlier time. Staff will arrange the tour and notifu press, perhaps we can invite candidates to attend. Mayor Janney noted she and Councilman Galligan had already visited these sites. CONSENT CALENDAR a.RESOLUTION 110-199q ACCEPTING COMPLETION BY DESILVA GATES OF SOCCER FIELD DRAINAGE IMPROVEMENTS AT THE BURLINGAME LANDFILL - CP 9117(1) Public Works memo of September 29, 1999, recommended council approve a resolution accepting the Landfill Soccer Field Drainage by Desilva Gates in the amount of $196,869. ACCEPT REPORT ON POSSIBLE PURCHASE OF 1140 LAGUNA AVENUE (for Closed Session at end of meeting) City Attorney's memo of September 29, 1999, recommended council accept the report on possible purchase of property at 1140 Laguna. Inclosed session, council can instruct staff. Councilman Galligan moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously by voice vote. Vice Mayor Knight told about school liaison meeting with Councilman Galligan; legislative breakfast; also attended the San Francisco PUC meeting with Public Works Director, as a result of that hearing the SF Water Department has been directed to work with us on the Tri-City Water project. Councilwoman O'Mahony went to Council of Cities, CMAQ, CCAG and the legislative breakfast with State Senator Speier. Councilman Galligan went to School Superintendent committee meeting, this committee reports to the School Board; BCE golf tournament, Chamber Commerce and Coffee, school liaison and a golf committee meeting with Councilman Spinelli. Mayor Janney attended many of these events, Convention Bureau meetings, and also met with the Lions Club representatives along with Councilman Spinelli; went to the Council of Cities; noted she and Councilwoman O'Mahony will be visiting some 50 meter pools in the South Bay Area. NEW BUSINESS Vice Mayor Knight asked about a sign at a vacant site on Burlingame Avenue, staff will investigate; she also said there is a trash problem and not enough garbage cans around Wooley State Park at Embassy Suites Hotel. Councilman Galligan would like to see the annual rotation of council officers on the next agenda for discussion; he would also like to see the parking issue in residential areas affected by El Camino Real mentioned earlier during the appeal hearing on Capuchino addressed at a study meeting; should include possible need for increasing parking requirements for apartments and condominiums. ACKNOWLEDGMENTS a.Commission Minutes: Beautification, Sept. 2; Senior, Sept. 16; Park and Recreation, Sept. 16; Planning, September 2'7, 1999. Burlingame City Council 27 October 4,1999 COUNCIL COMMITTEE REPORTS b. c. Memo from Librarian with report on Internet use at the Library. Letter from the leaders of the PFRN events (Kurt Edwards, Recreation Department; Jeff Kim, Fire Department; and Todd Chase, Police Department) thanking council for its support. Council moved to a closed session at 9:58 p.m. for (1) a conference with Real Property Negotiators, the City Manager, City Attorney and Director of Public Works, on the property at Il40 Laguna Avenue; and (2) pending litigation Devitt vs. City; Portes vs. City; and a Workers Compensation claim. The meeting reconvened at 10:25 p.m. with all members present and the City Attorney reported that council authorized an appraisal of 1140 Laguna Avenue, received reports on the pending litigation and authorized settlement of the Workers Compensation claim. ADJOURNMENT Mayor Janney adjourned the meeting at 10:26 p.m. Judith A. Malfatti City Clerk CLOSED SESSION October 4, 1999 28 Burlingame City Council