HomeMy WebLinkAboutMin - CC - 1999.03.15BI.JRLINGAME, CALIFORNIA
March 15, 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
kd by Fred Herron, Principal of Roosevelt School
ROOSEVELT SCHOOL CHOIR
Mayor Janney asked the Roosevelt School student choir to sing the new "Burlingame" song for the
audience. The students had also serenaded the audience with several songs before the meeting began.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Joint City Council/Planning Commission Study Meeting of February 27 , 1999,
were unanimously approved 5-0 after Vice Mayor Knight made an addition on page 3, fourth
paragraph, third line "Attention should be paid to other items such as trashJtrec.ycliry rooms..." The
minutes of the Regular Meeting of March 1,1999, were unanimously approved 5-0.
EAGLE SCOUT PROJECT
Mayor Janney asked Raziel Ungar, Boy Scout Troop 28 of Burlingame, to come forward. Raziel
explained that his Eagle Scout Project was to produce a "Survey of Historic Sites in Burlingame. " He
presented booklets to each council member. He thanked the Historical Society and his Scoutmaster
for their assistance in this project and hoped it would lead to council establishing some guidelines for
preservation of these historic buildings. Council complimented him on the very professional booklet.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION ON A MITIGATED
NEGATIVE DECLARATION. CONDITIONAL USE PERMIT AND PARKING VARIANCES FOR
RETAIL USE. SAKS FIFTH AVENUE AT I42O BURLINGAME AVENUE - TABLED
City Planner reviewed her memo dated March 8, 1999, which recommended council hold a public
hearing and take action. Saks Fifth Avenue is requesting two parking variances (for not replacing the
same number parking spaces on assessment credit land and for 58 parking spaces for changing the use
of upper floors and basement of the building to retail sales) and a conditional use permit for exceeding
the 35 foot height review line to retain the existing nonconforming height when changing the footprint
of a nonconforming structure (removal of a 3,030 SF mezzanine and replacing it with a 2,312 SF first
floor addition and a7l8 SF extension of the basement area). Saks Fifth Avenue intends to use the
492
building for their "main street concept" women's apparel and accessories store. The Planning
Commission voted to deny the project without prejudice at their November 28, 1998 meeting. The
matter was appealed and set for January 20, 1999, then rescheduled twice to February I and then
March 15, 1999. She responded to council questions about the parking variance numbers, valet
parking and the previous variance granted this site.
Mayor Janney opened the public hearing. Wayne Hussey, Saks Fifth Avenue Vice President of
Planning and Design, New York, introduced his associates, Jill McCray, corporate counsel, and Amy
Forbes, legal representative for this project. He explained Saks purchased the site two years ago with
idea of establishing a "Main Street" store in Burlingame; they have arranged for parking to
accommodate all employees at the Christian Science Church parking lot; did traffic and parking
studies for the site which showed project would have an insignificant effect on parking but have
provided additional parking anyway; will maintain the integrity of the building and remodel the rear to
compliment the Burlingame Avenue facade; if council agrees with proposal for use of Lot B-1 they
can increase parking there by 8 spaces; they also looked at adding a parkilg deck on Donnelly but cost
is prohibitive. Amy Forbes asked for the oppornrnity to respond to other public comments at the end
of the hearing; she noted building was granted a 43 parking space variance in 1992 and because Saks
is changing the use to all retail they must get a new 41 space parking variance; as an option for
council to consider, they proposed to reconstruct the city lot B-l and add 8 spaces; this reduces their
parking variance to 33 spaces, without lot B-1 improvement they still have less than the 43 space
variance granted in 1992; they have 33 full time employees a/lld7 part time, but they are not all there
at one time, usually have 10-15 on site at one time; with 40 spaces they will have ample off-site
parking for employees at the church site. Council asked about hours of operation - 10 a.m. to 6 p.m.
weekdays and maybe one or two evenings ard l2-5 p.m. on Sunday; does Saks believe in commitment
to the community - Hussey responded employees are encouraged to be involved; have other
communities with "main street store " Saks been granted parking variances - no; Amy Forbes said
Burlingame site is most like their Santa Barbara site in terms of size, Santa Barbara has small parking
lot for 18 cars behind the store; survey done of Santa Barbara's parking for this project showed on-site
parking exceeded only once, Saturday for one hour.
Other speakers: Bud Harrison, 376 I-exington; Mark Hudak, attorney representing Joe Karp; John
Chiapelone, Burlingame Garden Center; Stan Clark, Burlingame Avenue merchant; and Jill
Schoenfeld, 236 Arundel; Harrison noted when he left council he stated that council should look
carefully at the parking if Saks comes to town; parking will be further impacted by 40 parking space
variance requested; Planning denied without prejudice with hope Saks would come back with a
substantial contribution for parking; think it arrogant of Saks to bypass the commission and come to
council; noted the Regan building has been sold and the new owners are watching carefully because
they will also be asking for a parking variance; Saks can benefit the area if they provide parking, if
Saks doesn't provide parking the value of businesses and properties will go down; Karp owns an
apartrnent building directly behind Saks site; parking will impact this site, the Garden Center and
parking on Chapin; if Saks does not stay the retail use and variance will stay with the site; Saks says
the "main street" stores are marginal; in the 1960's the parking disffict limited retail to the first floor;
fear the access layout for the two parking lots will cause a race course and disturb tenants; concern
Saks will stack cars in lot B-1, also sales attendant will park up lot B-1 before public can get to it,
essentially turning over city lot B-1 to Saks; concern about access for the Garden Center which uses
Lot B-1 for deliveries; parking spaces cost up to $40,000 and Saks is only offering $150,000 which
would buy less than 4 parking spaces; if Saks is successful they should pay for parking so city can
build new lot, look at $150,000 as an "ante"; can see nothing unique about that building to justiff a
variance; noted site is not leased because the building was on the market in 1992 when seismic
Burlingame City Council 493 March 15, 1999
upgrades were being done; Chiapelone has an encroachment permit for Lot B-1 and would lose its use
for deliveries; maybe should just tear down the Garden Center and build an office building; parking is
critical, weekends you can't find parking, Garden Center has 300-400 transactions per day; this will
impact whole area since parking is full without any use of this site, most people drive to Burlingame
to shop; would be out of business without delivery service; parking is difficult so usually walk to
Burlingame Avenue.
Amy Forbes responded to issues raised: the transactions per day in main street stores studied run from
280 to 465; the Santa Barbara store, nearest the size of Burlingame site, has about 319 transactions
per day; the Santa Barbara store is 38,000 SF and has an 18 space parking lot which is rarely filled;
precedent was set in 1992 with the parking variance granted; are willing to grant crossing easement
through lot, have no intention of taking over Lot B-1, want to improve safety, if want to reverse
access it's all right; if they don't get variance they can't use for a Saks store; felt they meet issue of
parking with mitigation and have hardship; precedent was set in previous action to save the building;
they are asking for a lesser variance than was granted in 1992; the previous owner stated no tenants
for office space came forward, no realistic offers for that use. Wayne Hussey noted the main street
stores are profitable, they are just not as profitable as the larger mall stores, that is why the term
"marginal" was used. Council wondered what kind of participation Saks would be willing to make for
parking requirements. Hussey said the $150,000 to improve lot B-1 could be used by the city to add
onto the Donnelly parking lot. Councilman Galligan asked about possibility of Saks contributing on a
yearly basis over a period of time for parking; Hussey was asked if Saks was willing to grant the cross
access easement - yes. Mr. Blodgett from the Christian Science Church said the parking lot was
available at the church every day, church services are over before noon; city should be grateful to
have a splendid store like Saks in the city. The hearing was closed.
Council discussed: at current time people have to back out of both the Saks and Lot B-1 onto Chapin,
with improvement to Lot B-1 can create a safe entrance/exit pattern; see advantages to having Saks
here; council has ordered a new parking study in order to improve parking supply; this is the first time
in years the city has asked for contributions to a parking fund; if Saks gave $30,000 per space over 30
years might be mitigation; noted the city has spent over $7 million on parking improvements in the
last 10 years; would love to have Saks here; the customer transactions and parking requirement
numbers closely match; we need businesses to participate in providing more parking; important we
demand something to mitigate the parking variance since it will appreciate the value of the property.
Vice Mayor Knight agreed precedent was set when variance was granted in 1992; also granted a large
variance to the Brew Pub on Lorton; would also love to see Saks here but feel strongly about not
allowing parking variances; hoped Saks could bring some solutions; she voted against the variance in
1992 and would vote against it again; also hoped businesses would contribute to parking district and
funding for the shuttle bus and Traffic System Management (TSM) programs. Councilman Galligan
said it would be a plus to have Saks on Burligname Avenue; have concern about granting a variance
which is attached to the property, they could sell; discussed requiring contribution for parking paid
over time secured by a letter of credit. Staff noted council needs to decide on the number for the
parking replacement. The building project requires 58 parking spaces and they provide 17 in their lot
which results in the 41 parking space variance requested; if they improve lot B-1 and get credit for the
8 spaces in lot B-1 that results in a 33 space deficit; if they also get credit for 15 spaces provided for
their employees in the church lot, that results in an 18 parking space deficit. Feel that they should
make financial contribution toward 18 spaces to the city parking fund. Need to address circumstance
of employee parking at the church goes away before adequate city parking is developed, would like to
see lease agreement.
March 15, 1999 494 Burlingame City Council
Wayne Hussey said he would like someone from Saks to participate and would wait for city staff to
create something workable. Joe Karp thought Saks should pay their fair share; concern Saks will
stack cars in Lot B-1, access should be reversed so Saks does not control B-1; what happens to church
parking lease if they no longer pay rent for lot; Chiapelone noted his customers also use Lot B-1.
Councilwoman O'Mahony moved to continue this request until April 5, 1999. Seconded by
Councilman Spinelli and carried unanimously.
There was a brief recess and the meeting reconvened with all council members present.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION ON A SIGN
EXCEPTION WITH MODIFICATIONS FOR MIKE HARVEY HONDA AT 212 EAST LANE -
RESOLUTION 22-1999
City Planner reviewed her memo of February 10, 1999, which recommended council hold a public
hearing and take action. Mike Harvey is requesting a sign exception for signage on the property at
2l2East Lane. This site has double frontage, the primary frontage is East Lane and the secondary
frontage is on Myrtle Road facing a number of multi-family structures. He is requesting exceptions
for seven signs facing East Lane (primary frontage) where three are maximum allowed; total area of
signage of 335 SF where 124 SF is maximum allowed on primary frontage; a24 t/z feet tall by 8 feet
wide double faced ground sign where the maximum height of free standing signs is 20 feet; and on the
secondary frontage 87.2 SF of signage where 50 SF is maximum allowed. The Planning Commis-
sion, at its meeting of February 22, 1999, voted to approve the request with some modifications: that
the free standing sign be reduced to 20 feet in height and that all signage facing Myrtle (secondary
frontage) not be illuminated. The applicant appealed this modification.
Mayor Janney opened the public hearing. Mike Harvey, applicant, noted East Lane was the original
auto row in the city1'24'-6" pole sign height requested is a modular standard which Honda is
requesting and additional height is needed because of the height of the building. There were no other
comments and the hearing was closed.
Councilman Spinelli noted orientation of sign to East Lane, sign is a standard module, considering the
size of the building and no illumination on the Myrtle frontage, he can't see reason to deny; the area
was the original auto row. For these reasons, Councilman Spinelli moved to approve the sign
exception request amending the free-standing ground sign height to 24'-6" and allowing no
illumination of signage facing Myrtle Road. Seconded by Councilwoman O'Mahony and carried
unanimously 5-0 on voice vote.
PTJBLIC HEARING - AMUSEMENT PERMIT FOR A PERSIAN NEW YEAR DANCE AT THE
HYATT REGENCY HOTEL. 1333 BAYSHORE HIGHWAY
City Attorney reviewed his memo of March 9, t999, which recommended council hold a public
hearing and take action. Yaran Productions is requesting an amusement permit for a one evening
event on March 20 at the Hyatt Hotel. This will be a Persian New Year Dance with live music from
10 p.m. to 1:45 a.m. They plan to hire 3 Burlingame Police Officers on special detail, l0 security
guards and 5 security personnel from the Hyatt Hotel. The Hyatt has held similar events in the past
and staff is working with the hotel to amend its underlying amusement permit to allow these events
without additional permits. Staff recommends approval.
Burlingame City Council 49s March 15,1999
Mayor Janney opened the public hearing. There were no cornments and the hearing was closed.
Councilman Galligan moved approval. Seconded by Councilwoman O'Mahony and carried 5-0 on
volce vote
G OF ORD AN 1 1
PARKING LIMIT SIGNS ON ADRIAN COURT. ADRIAN ROAD. AND GILBRETH ROAD
Public Works Director reviewed the memo of March 4,1999, which recommended council adopt this
ordinance to install four-hour parking signs as recommended by the Traffic Commission. The
commission considered requests from local businesses on Adrian Court and Road and on Gilbreth to
restrict parking on these streets; parking is impacted by long term parkers and could worsen with
BART coming to area. Cost of installing parking signs would be about $4000 but costs of
enforcement are unknown.
Mayor Janney opened the public hearing. There were no comments and the hearing was closed.
Councilwoman O'Mahony moved adoption of ORDINANCE 1611. Seconded by Councilman Spinelli
and carried 5{ on voice vote.
James Qufurt, 1116 Vancouver, spoke concern TCI's letter; his group has run into a stone wall in the
quest to get EWTN on cable; they are now approaching public stations to ask to use their unused
hours; he thanked council for its support and asked if council would support their request for
notification from TCI before TCI sends out its customer preference surveys.
Joe Karp, 1401 Burlingame Avenue, agreed with council about the need to remove magnolia trees on
Broadway, they cause substantial sidewalk damage in front of a property he owns.
Marianne Riddle, spoke concerning the dog park; last year she had presented a petition signed by over
800 residents asking for a dog park; she hoped council would approve the plan.
G EWTN
CARSON REGARDING EWTN
City Manager reviewed the letters from TCI dated February 23, 1999, and the letter from James
Quinn and Mary Carson dated March 8, 1999. The letter from TCI states they are unable to provide
EWTN at this time, but may be able to provide it on the digital television format in the future. Quinn
and Carson's letter related meetings between their group and TCI, and their frustration.
Councilwoman O'Mahony asked the Mayor to write a letter to TCI for EWTN and to ask TCI to let
the church group know when they are doing customer survey. Council was surprised TCI is not here
tonight; suggested Quinn's group also try to get unused hours from a San Francisco channel, KMTP;
suggested mayor also write letter to Stations asking them to give consideration to allowing EWTN
broadcasts.
Councilman Spinelli moved to authorize the mayor to write letters to TCI about council's continued
support for EWTN and desire for TCI to let this group know when a customer survey would be done;
March 15, 1999 496 Burlingame Ciry Council
PUBLIC COMMENTS
also write a letter of support for Quinn to take to the public stations when asking for air time
Seconded by Councilwoman O'Mahony and carried unanimously.
City Manager's memo of March 8,1999,listed two applicants for two positions on the Senior
Commission and nine applicants for one position on the Planning Commission. He recommended
council select interview teams and direct staff to schedule a date and time for interviews.
Mayor Janney appointed Councilman Galligan and herself to interview for Planning; dates to be
established later.
Councilwoman O'Mahony moved to reopen the Senior Commission application period until April 15
since we only have two applicants for two positions. The motion was seconded and carried
unanimously.
PROPOSED BAYSIDE PARK DOG EXERCISE PARK AND REPORT ON OTHER CITIES DOG
EXERCISE PARKS IN THE AREA
Parks & Recreation Director reviewed his memo of March 10, 1999, which recommended council
review and direct staff to proceed with the inclusion of a dog exercise park in the development of the
landfill site lower deck park improvements. He reviewed five cities in the area with dog parks and
their experiences; ABAG reports they have not received any claims against cities related to dog parks
Council discussed: original plan was to develop this area in some way so would be cost involved in
any type of development; discussed budget costs for the entire park; area would need to be improved
in any case; area will be completely fenced so people and dogs would not be climbing landfill slope up
to driving range; concern about use of grass, other cities have problems with grass; lower deck project
will go to bid this summer.
Councilwoman O'Mahony moved to approve including the recommended plans for a dog park in the
lower deck improvements. Seconded by Vice Mayor Knight and carried unanimously 5-0 on voice
vote.
CONSIDER REPORT FROM CITY ATTORNEY ON USE OF COUNCIL CHAMBERS
City Attorney reviewed his memo of March 9, 1999, which recommended council consider whether,
and on what terms, non-governmental groups might be allowed to use the council chambers. At the
last meeting council received a request from the Republican Central Committee (RCC) of San Mateo
County to use the council chambers for monthly evening meetings. Councilman Galligan has reported
that the RCC is taking another look at the Library for their meetings, thought it might work.
Councilman Galligan noted the Republican party will hold its Year 2000 convention in Burlingame;
council noted since the State offers sites, other buildings are available for this type of use and the
chamber use would require city staff coverage. Council asked staff to check with RCC to see if
Library is workable for them.
SCHEDULE JOINT MEETINGS WITH COMMISSIONS
At the January goal session, council indicated it would like to meet with each of the city commissions.
Burlingame Ciry Council 497 March 15,1999
a
Council met with the Planning Commission in February; suggested setting aside a half hour before the
first council meeting of each month starting in May to meet with the other commissions. Council
agreed with the schedule.
Councilwoman O'Mahony moved to approve the meeting schedule. Seconded by Councilman Spinelli
and carried unanimously.
Vice Mayor Knight had some questions on c) the fire department truck maintenance contracts; she
wondered how an emergency was handled when the fire fighter/mechanics are working on a truck.
Asst Fire Chief responded. On d) regarding improving California Drive, she asked to which city
limits - staff responded to Millbrae; and on f) she asked that businesses on side streets of the race
location be notified about the bike race, last year they were not aware.
RESOLUTION 18.1999 ACCEPTING COMPLETION OF BEACH ROAD BIKE/
PEDESTRIAN BRIDGE PROJECT BY RIVER CITY CONSTRUCTORS . CP 8926
RESOLUTION 19-1999 AWARDING CONTRACT FOR VILLAGE PARK REMODELING
TO D.L. FALK CONSTRUCTION - CP 9848
Recreation Superintendent's memo of March 7, 1999, recommended council award the contract
to the low bidder, D.L. Falk Construction, Inc. In the amount of $326,644 for remodeling
Village Park and adding more space to the "cottage" for preschool activities.
RESOLUTION 2O-I999 AUTHORIZING VEHICLE MAINTENANCE AGREEMENT
WITH THE COLMA FIRE PROTECTION DISTRICT
Fire Chiefs memo of March 3, 1999, recommended council approve an agreement between
the Colma Fire Protection District and the City of Burlingame to have Colma's Fire District
vehicles services by Burlingame's Fire Department.
TOC NDITIONS OF THE FEDERAL A
TRANSPORTATION PROGRAM AND THE CONGESTION MITIGATION AND AIR
OUALITY PROGRAM
Public Works memo of March 8, 1999, recommended council approve a resolution agreeing to
the conditions of the Federal Surface Transportation Program and the Congestion Mitigation
and Air Quality Program. The city has submitted six project for a total of $1,012,500 in grant
requests. The city will match these funds from our 199912000 gas tax fund.
e. AUTHORIZE AMICUS BRIEF IN FOSTER VS CTIY OF NAPA
City Afiomey's memo of March 5, L999, recommended council authorize the city a$orney at
no cost to the city to join in Foster vs. City of Napa, Case No. 4084652, now pending before
the appellate court.
d
March 15, 1999 498 Burlingame City Council
CONSENT CALENDAR
Public Works memo of March 8, 1999, recommended council accept this project as completed
by River City Constructors in the amount of $293,51 1 .50.
b.
f. APPROVE SPECIAL EVENT PERMIT FOR BIKE RACE ON JUNE 27. 1999
City Manager's memo of March 8, 1999, recommended council approve a special event permit
to hold a bicycle race in downtown Burlingame on Sunday, June 27, 1999, from 5 a.m. to 3
p.m. All residents and merchants will be notified two weeks in advance with a reminder the
night before.
s. REJECT CLAIM OF JANE L. SEARS FOR SEWER BACKUP
City Attorney's memo of March 9, 1999, recommended council reject this claim for costs
incurred in a sewer backup.
h. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrarts 62454 - 62924, duly audited, in the
amount of $1,665,740.21(excluding Library Checks 62594 - 62563); Payroll Checks 114087 -
114862 for the month of February 1999 in the amount of $1,300,458.59; and Electronic Fund
Transfers for the month of February 1999 in the amount of $393,649.36.
APPROVE ENCROACHMENT PERMIT FOR A REAR FENCE AT 1132 BERNAL
Public Works memo of March 8, 1999, recommended council approve this permit subject to
standard conditions.
Councilman Galligan moved approval of the Consent Calendar. Seconded by Councilman Spinelli and
carried unanimously 5-0 by voice vote.
COUNCIL COMMITTEE REPORTS
Councilman Spinelli reported on the grand opening event at of the new local offices of Forbes
Magazine; Forbes said they chose Burlingame because it is centrally located near the Airport, San
Francisco and Silicon Valley; he also attended the Airport Roundtable meeting. Councilwoman
Knight told about a Transportation Authority meeting and Arbor Day. Councilwoman O'Mahony
attended a Solid Waste Advisory Committee meeting. Councilman Galligan attended Burlingame
Together along with other council and staff; the Forbes event and the Chamber meeting. Mayor
Janney noted she also attended these events.
OLD BUSINESS
Vice Mayor Knight noted the Convention Bureau report talks about hotels from Santa Clara belonging
to the Bureau; thought Bureau should be concentrating on San Mateo County, noting the amount of
money we donate each year to the Bureau; she said Half Moon Bay has its Chamber of Commerce act
as Visitors Bureau. Councilwoman O'Mahony had concerns about this; she also thought council
should rotate the position on Convention Bureau so that all council members had an understanding of
its operations.
NEW BUSINESS - none.
Burlingame City Council 499 March 15, 1999
a.
b.
c.
d.
e.
f.
(}
ACKNOWLEDGMENTS
Commission Minutes: Library Board, January 19 and February 16; Planning, March 8, 1999
Departrnent Reports: Building, February 1999; Treasurer, February 28, 1999
Library's Plan of Service for 1999-2001.
Convention and Visitors Bureau Report for February 1999
lctter from Karen Key explaining her reasons for not reapplying for Planning Commission.
Memo from City Attorney regarding AB 670.
Irtter from Bob and John Miller, 302Lang Road, regarding the proposed project at 301
Airport Boulevard and its possible effect on windsurfing at Coyote Point.
Letter from Senator Polanco asking council to support SB 15 Unsafe Handguns. Vice Mayor
Knight asked about supporting this bill.
l.ktter from Dr. Andrew Soss regarding a handout given to people at the Tree City ceremony.
ADJOURNMENT
Mayor Janney adjourned the meeting at 10:52 p.m.
h.
Judith
City Clerk
March 15, 1999 s00 Burlingame City Council