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