HomeMy WebLinkAboutMin - CC - 1999.10.18BI JRLINGAME, CALIFORNIA
October 18, 1999
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 Mary Janney.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Irv Amstrup, former mayor and council member.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
CEREMONIAL MATTER
The Director of Public Works explained that US Filter, operators of our Wastewater Treatment Plant,
attended a National Conference at which they accepted on behalf of the city an award for a "public/
Private Partnership" along with US Filter in the operation of our Wastewater Treatment plant. US
Filter representative Tim Grillo, plant manager, presented the mayor with the award. Mayor Janney
commented on the generous donation US Filter made to our Village Park Children's Center and the
long relationship between the city and the plant operators.
MINUTES
The minutes of the Regular Meeting of October 4, 1999 were unanimously approved 5-0 after a
change by Councilman Galligan under Design Review discussion on page 6 to add to the second
paragraph a quotation he had read from the Planning Commission minutes of December 29,1998, to
clarify why we are considering expansion to Design Review regulations "..."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 characterfor the neighh "hoe'r where thE are located. moreover if
additions are made later (or living area extended into attic areas,t there is no option to expand, f *ing
on the site. forcing a variance or impacting on-street parking,' ..,,
Mayor Janney noted the applicant for the first public hearing would be late and the public hearing was
held over until later in the meeting or would be continued to the November l,lg9g meeting.
ADOPTION OF ORDINANCE 1619 AMENDING FOOD ESTABLISHMENT REGULATIONS IN
THE BURLINGAME AVENUE COMMERCIAI- AREA. SUB-AREA A. AND THE BROADWAY
ESTABLISHMENTS IN THE BURLINGAME AVENUE COMMERCIAL AREA, SUB-AREA A
AND THE BROADWAY COMMERCIAL AREAS
City Planner reviewed her memo of October 8, !999, which recommended council hold a public
hearing and take action. On October 4, 1999, council reviewed the proposed code changes including
29
the tables of Food Establishments by Type for each commercial area, and introduced the ordinance. In
late 1998 the Planning Commission established the Food Establishment Subcommittee which worked on
developing new regulations until August 1999 when they reported on the draft ordinance to the full
Planning Commission. The Planning Commission held public hearings in August and September on these
amendments to regulation of food establishments and the "food establishment by type tables" for each
commercial areaand recommended the ordinance to council. Staff noted the implementing tables would
be adopted by resolution after adopting the ordinance. She responded to questions about tables at the
Cakery, noting there are none now, with their classihcation they could apply for a conditional use permit
for up-to 250 SF of seating area; after the hearing, changes in classifications can be made by council.
Mayor Janney opened the public hearing. Mike O'Leary, The Smoke Shop, 1400 Burlingame Avenue,
requested "or.r"il support ihe Planning Commission action to make his site classification limited food
salls; Mayor Janney noted he was originally shown on the tables as incidental food sales designation.
Cliff Woods, ChickenlChicken!, 234Primrose, believed the measurements for seating areas of food
establishments was gnnecessary to be included in the approved tables and might be used to further restrict
food establishments in the future; all that is needed is the general bench mark; he would like to be
reclassified as a speciality food store; felt it unfair to regulate food establishments in Burlingame Avenue
Sub-Area A and not regulate them in Sub-Area B. The hearing was closed'
Council discussed: this ordinance has been in study for a long time; noted use and size of a restaurant
relates directly to the parking required; would have problem in changing classification of Smoke Shop so
that it can become a food establishment, voted against allowing take-out at that site for that reason;
concerned about Smoke Shop turning it into a restaurant; thanked Planning Commission, including
former commissioners Mike Galligan and Karen Key, for the lengthy study and review of this issue; agree
Chicken! Chicken! falls in specialiy food class; regarding seating area measurements, think there is a
relation to the amount of seating and the parking required; also voted against Smoke Shop take-out
permit; would like to classiff Stoke Shop as inciaentat fooC sales; if Smoke Shop is limited food it could
possibly turn into a restaurant if expanded into adjacent retail site; limited food sales are counted as a
food establishment as part of the count; could approve change requested by Chicken! Chicken!;
sympathize with Smoke Shop; if allow Smoke Shop the limited food classification goes with the property.
Councilman Spinelli moved to adopt ORDINANCE 1619 Amending Food Establishment Regulations.
Seconded by Councilman Galligan and carried unanimously 5-0 by voice vote. Councilman Spinelli
moved to adopt RESOLUTION 1 ll-lg9g Approving Food Establishments by Type Tables for
Burlingame Avenue Sub Area A and Broadway Commercial Areas with a change to the classification of
the Smoke Shop as incidental food sales and change in the classification of Chicken! Chicken! as a
specialty food shop. Seconded by Vice Mayor Knight and carried unanimously 5-0 on voice vote.
City planner reviewed her memo of October S,lggg,which recommended council hold a public hearing
and take action. At the October 4,lggg, council meeting the proposed ordinance was introduced
amending Title 25 to extend design review to new single story houses and to some first floor additions;
the revision includes additions and changes to the special permits and definition sections. Vice Mayor
Knight asked about a memo received from the City Attorney in response to a request from Councilman
Gall-igan regarding a proposed altemative to have Design Review of single story houses only when they
are more than25 feet in height.
October 18, 1999 30 Burlingame City Council
Mayor Janney opened the public hearing. Speaking in favor of the ordinance; Constance Cohen, 605
Lexington; Jerry Deal, 1226Paloma; Russ Cohen, 605 Lexington Way; the lots on her street are very
small, dreads having something big built near her house; concern about the alternative mentioned about
excluding single story houses under 25 feet in height too easy and inexpensive to change roof height later
for a second story, and designs and plate height already set; need to refer to plate line, not height, whole
reason for plate line is to avoid the very large one-floor house loophole; whole focus is to keep
quaintness of our city; believed Design Review should be extended to commercial; agreed with focus on
plate line.
Speaking in opposition; Michael Liffman,401 Bloomfield; John Walsh, 1460 Bernal; there are serious
flaws in Design Review that need to be corrected; his application did not even require a variance but the
Planning Commission undid the whole project; believed the Planning Commission is micro managing
Design Review; several houses in his area have substandard lots with inadequate houses and parking,
need to be remodeled; this is too subjective; do not extend to single story houses, will impede the natural
transition of the neighborhood. The hearing was closed.
Council discussion: appreciated the report on all Design Review projects to date; total count of 103
projects, but only about 35 are under construction; looked at log to see length of time for processing, of
total count 69 have gone through the process; noted six or seven of these that took 55 days or more to
complete Design Review should be looked at and others should be looked atlater; noted 25 footheight
limit proposal would close loophole and those built would have to go to Design Review if adding a
second story; agreed there is a loophole, unfortunate there are people who will try to get around this;
think this ordinance is the way to go, there are always problems with a new process; other cities are
looking to us now, our Design Review is less stringent than other cities; very good changes to simpliff,
especially with declining height envelope; noted her comments at previous meeting minutes say there
were no comments regarding this ordinance, what she said was there were no negative comments at
Planning Commission meeting and the commission was comfortable with the proposal; detached garage
"carrot" is great; not for Design Review originally but need to close loop holes and see if can make more
user-friendly; the only problem with loop hole was with roof height; another issue is length of Planning
Commission meetings and asking five staff to sit through all these meetings, asking Planning Commission
go through a project four times; think we need to ask for input from people who have gone through
Design Review; it took two years to come up with a good food ordinance, we are going too fast on
Design Review; noted food ordinance has not yet been tested and had just been passed tonight; agree we
should get input from people who have gone through Design Review; noted the Planning Commission
passed Design Review 7-0 and recommended to qouncil; think Design Review necessary, it may be
further revised as needed in the future; commission meetings are not getting longer, actually with the use
of a consent calendar they are shorter than in past; might design a questionnaire for those who go through
Design Review; might have study session or public forum for those who have gone through Design
Review.
Councilwoman O'Mahony moved adoption of ORDINANCE 1620 Extending Design Review to New
Single Story Construction and Some First Floor Additions. Seconded by Vice Mayor Ifuight. There was
further council discussion: did not see need to rush into this; supported the first Design Review action
but need to streamline the process; are going to overload the Planning Commission; not saying opposed
but there might be a better solution; Design Reviewis working well, hear more complimentr tt un
complaints; Planning Commission meetings are getting shorter; think we are doing the right thing by
adopting this. Mayor Janney commented although she would rather see more study on this before
adoption, she would vote in favor because then she will have the possibility of requesting reconsideration
if needed in the future. The motion carried 4-1 on voice vote, Councilman Galligan voting no.
Burlingame City Council 31 ocbber 1g, 1999
PUBLIC COMMENTS
Will McGowan,3'7 Lorton, said one of the most dangerous intersections in area is the crosswalk on
California at Lorton; need a curb cut on east side to accommodate persons getting out of traffic lane;
speed limits are 25 mph at the train station and then change to 35 mph before this crosswalk, should
move the changed speed limit sign further north. Councilman Spinelli asked staff about a discussion
some time ago about imbedded blinking lights in the crosswalk to warn drivers; staff noted the State
has not approved those devices, but are looking for ways to implement improvements at this location
Helen Hunter, 8L0 Crossway, read a letter her husband wrote to the newspaper editor in September
which was never published; it concerned Planning Commissioner Coffey who called them late at night
after a Planning Commission meeting complaining about other Planning Commission members and
Design Review; this is a "renegade" commissioner and asked council and staff to look into this. John
Hunter also spoke and asked staff to look into this matter.
Karri Novak read a letter to the editor signed by five Planning Commission members regarding an
editorial in the Independent Newspaper on October 13 endorsing candidates Janney and Coffey and
attacking Jerry Deal; Irv Amstrup, 2708 Trousdale; Mara Kahn, 1108 Edgehill; Phillip Kahn, 1108
Edgehill; Mark Grandcolas, !432 Alvarado; Judy Richmotd, 1233 Paloma; Cathy Baylock, 1527
Newlands; Ken Castle , l4!l Drake; some read letters to the Independent Newspaper regarding the
same editorial; felt it was character assassination; objected to this editorial; supported Jerry Deal,
embarrassed by the editorial; support Design Review; very sad to read the editorial; concern about
unprofessional behavior of Coffey. There were no other comments.
City Manager asked council to continue this item to the next meeting; there have been some last
minute changes requested by the operator.
REVIEW PROCEDURE FOR ROTATION OF COUNCIL OFFICERS
City Manager's memo of October 5,1999, reviewed the council rotation for the past years. The
rotation of the mayor will take place on November 16 after the newly elected council is seated.
Mayor Janney said council needs to clean up the process. Councilman Galligan had concern about
rotation order since Vice Mayor Knight is leaving the council and will not be taking her turn as
Mayor. After discussion, agreed the outgoing mayor goes to bottom of list unless there is a newly
elected member, then s/he would go to the bottom of a list and the past mayor would go to fourth
place; agreed everyone on council should have turn as mayor. After much discussion, council
directed staff to bring back to the next meeting a policy statement for rotation of officers.
COLLEGE DISTRICT BOND
City Manager's memo of October 13, Lggg, noted that Councilwoman O'Mahony requested council
consider a resolution in support of Measure A, the Community College Bond issue. Councilman
Spinelli and Councilman Galligan noted they had benefited from taking classes at the Community
College. Councilwoman O'Mahony requested citizens support this issue; she moved to adopt
RESOLUTION 1 l2-lg99ln Support of Measure A. Seconded by Vice Mayor Knight and carried
unanimously.
October 18, 1999 32 Burlingame City Council
CONSENT CALENDAR
a RESOLUTION 113-1999 AWARDING CONTRACT TO RGW CONSTRUCTION FOR
CALIFORNIA/GROVE STORM DRAIN IMPROVEMENTS - CP 9829
Public Works memo of October 12, 1999 recommended council award this contract to RGW
Construction Company in the amount of $582,213 for the California/Grove Storm Drain
Improvements at Hillside Drive, California Drive and Cortez Avenue.
RESOLUTION 114-1999 ACCEPTING COMPLETION OF MISCELLANEOUS STORM
DRAIN REPAIRS BY VANGUARD CONSTRUCTION - CP 9827
Parks & Recreation Director's memo of October 13, 1999 recommended council authorize the
purchase of an aerial lift truck from Altec Industries in the amount of $89,000 and reject the
bid of Teco as non-responsive and reject the protest of Pacific Utility.
d. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 66109 - 66548, duly audited, in the
amount of $2,597,836.64 (excluding Library Checks 66159 - 66217); Payroll Checks 119881 -
120638 for the month of September 1999 in the amount of $1,242,234.50; and Electronic
Fund Transfers for the month of September 1999 in the amount of $319,881.54.
Councilman Galligan moved approval of the Consent Calendar. Seconded by Councilwoman
O'Mahony and carried unanimously 5-0 by voice vote.
COUNCIL COMMITTEE REPORTS
Councilman Spinelli reported on the League of California Cities Conference held recently in San Jose,
and rail service to it. Vice Mayor Knight went to Transportation Authority meeting; also the
Dumbarton rail project; noted she would miss the next ALUC meeting and Councilwoman O'Mahony
offered to attend in her place. Councilman Galligan went to the candidate's night; Chamber Coffee;
North County Council of Cities and the Library Foundation dinner. Councilwoman O'Mahony
attended CCAG meeting; visited several 50 meter pools with the Mayor; attended the BHS drug
awareness event with the Police Chief; legislative breakfast; Village Park opening; Roosevelt School
Chili Cookoff. Mayor Janney said she also went to many of these events.
Mayor Janney noted the appellant was now present and council can hold the public hearing
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Burlingame City Council 33 October 18, 1999
Public Works memo of October 12, 1999 recommended council accept the project completed
by Vanguard Construction Company in the amount of $131 ,278.36.
RESOLUTION 1T5-1999 APPROVING AGREEMENT FOR PURCHASE OF AN AERIAL
LIFT TRUCK FROM ALTEC INDUSTRIES AND REJECTING BID OF TECO AND
REJECTING PROTEST OF PACIFIC UTILITY EOUIPMENT COMPANY
APPEAL OF PLANNING COMMISSION DECISION ON A DETERMINATION ON
REPLACEMENT OR REPAIR OF A SIGN UNDER THE CITY SIGN CODE
Councilman Galligan said he would abstain from this matter because he has a business relationship
with George Corey, he left the chambers.
City Planner reviewed her memo of October 8, 1999, which recommended council hold a public
hearing and take action. The determination arises because the tenant of a site with bay frontage
removed a sign along with electrical connections except for the framework, is asking to place a sign
on the existing framework, along with improvements to allow the sign to be lit and securely attached.
He would like to do this work without additional permits under the sign code because the frame is an
existing nonconforming sign which the code says can be replaced if it is not moved. The Planning
Commission reviewed this issue at its September 13, 1,999, meeting and after lengthy discussion,
determined that when a nonconforming sign was being "reconstructed" it should be replaced with a
sign conforming to code or apply for a sign exception; and if a nonconforming sign is "maintained" it
must be the same square footage as the sign removed. The applicant appealed to city council. A
letter was received from Delta Signs in support of the appellant. Staff responded to a question about
replacement of roof signage at the Park Plaza Hotel. Council discussed at length; staff noted Planning
Commission also struggled with this but felt it was reconstruction of a nonconforming sign which
should require a sign permit and exception; council noted similarities between this and the Park Plazal
Sheraton sign change.
Mayor Janney opened the public hearing. George Corey, 700 El Camino, Millbrae, attorney
representing the appellant Hertz, said this is simply a nonconforming sign; the former business left the
framework but took their letters and electrical connections for lighting of the letters that said Avis; his
client would like to put exactly the same size sign on the existing poles but with the word Hertz;
would put new letters and supporting lighting and electrical connections; he contended it is a
nonconforming sign and is not being replaced, merely refaced; will meet all building code
requirements, is facing only; can't call it reconstruction, only changing the name on the sign. The
hearing was closed.
Council discussion: all felt this was similar to the Sheraton/ParkPlaza sign; if only changing the
facing have no problem in allowing; the square footage will be the same; if maintaining a noncon-
forming sign must be same square footage; the framewort< is still there, only replacing face of sign,
adding new letters.
Councilwoman O'Mahony moved to determine that the sign is non-conforming and is being
maintained by being refaced; to allow refacing sign with appropriate building permits because it is
maintenance and the same use on site as was the hotel sign; the new face shall be the same general
shape and same square footage; must meet ali building code requirements. Seconded by Councilman
Spinelli and carried 4-0-I, Councilman Galligan abstaining.
OLD BUSINESS
Councilman Galligan noted there is now a sign saying no parking in front of Peninsula Hospital and
there were no cars parked in front on El Camino, thanks to staff involved; staff noted we had the
cooperation of the Hospital in clearing this area which is on Hospital property.
October 18, 1999 Burlingame City Council
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a.
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NEW BUSINESS
Councilman Spinelli said he would like to investigate an ordinance to require drainage from
underground garages directly into storm drains, prohibit pumping drainage onto city streets.
Councilwoman O'Mahony wondered about costs to developers. Staff also had concerns about
developers putting more pipes in city streets to enter the storm drain system. Councilman Spinelli
would like to study this issue, must be a way to do it.
Vice Mayor Knight asked staff to look into the comments made about the Planning Commission
chairman during public comments.
Councilman Galligan called up for council review the Planning Commission decision at 1351
Montero. Hearing was set for the November l,1999, meeting.
ACKNOWLEDGMENTS
Commission Minutes: Library Board, July 20 and August 17; Planning, October 13; Broadway
BID, September 1999.
Department Reports: Building, September 1999; Police, August 1999; Treasurer, September
30,1999.
Letter from Elizabeth Siddens, 205 Burlingame Avenue, regarding traffic problems near her
house.
d.Letter from Maureen Nerli requesting support for a "Civilian Women Volunteers All Wars
Memorial Highway" sign on Highway 101.
ADJOURNMENT IN MEMORY OF CAROL FIELDS
Councilwoman O'Mahony asked the meeting be adjourned in memory of Carol Fields, wife of Orin
Fields, who raised a family in the Ray Park area. After a moment of silence in her memory, Mayor
Janney adjourned the meeting at 10:04 p.m.
Judith A. Malfatti
City Clerk
Burlingame City Council 35 October 18, 1999