HomeMy WebLinkAboutMin - CC - 1999.05.03BIJRLINGAME, CALIFORNIA
May 3, 1999
JOINT MEETING WITH BEAUTIFICATION COMMISSION
Mayor Janney convened a meeting of the five City Council members and six Beautification
Commission members (Ellis, Gilmore-Friend, Lauder, Locke, McGowan and Rossi) in City Hall
Conference Room A at 6:30 p.m. on the above date"
Council and commission reviewed the memo from Parks & Recreation Director which listed projects
before the commission; it was noted the commission can reprioritize the Broadway Streetscape which
will be delayed until next year; all agreed the trees at Wells Fargo site are too small, might replace,
concern about the physical size of the tree wells; for bigger trees, BART dollars can be used for trees
in other areas of the city; discussed PG&E plan to remove trees along California, possible for city to
trim, can use a growth regulator to inhibit growth, do not want to see the trees removed, people will
be looking at back of industrial area and tracks, power lines should be undergrounded; trees are
interspersed with shrubs which will remain; staff noted city does not own this property; have not
heard complaints about the tree removals on El Camino, Caltrans is almost done with removals, think
people realize these were sick trees; discussed placing trees on west side of California south of
Broadway, there are some areas with tree wells but other areas will need to have tree wells cut;
property owners have to care for a tree that is planted; might we consider requiring new developments
to place trees; would also like to see trees planted by train tracks at Broadway; Commissioner
Gilmore-Friend asked that the meeting be adjourned in honor of Commissioner Bill Ward who is very
ill. After a moment of silence, Mayor Janney adjourned to the city council meeting at 6:59 p.m.
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 7:05 p.m. by Mayor Mary Janney.
PLEDGE OF ALLEGIANCE TO THE FLAG
Ird by Jerry Arrigoni, Principal of Burlingame High School
ROLL CALL
COUNCIL PRESENT
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of April 19, 1999 were unanimously approved 5-0.
PRESENTATION OF BHS SCHOLARS
Mayor Janney asked Principal Arrigoni to introduce the students from Burlingame High School and
tell a little about each: Emily Getchel, Esther Inglis-Arkell, Tiffany Jones, Billy Man, Andrew
Missel, and Ana Morales. These students have achieved a 4.0 GPA during their high school careers
515
She presented each student with a proclamation honoring their academic and extracurricular
achievements. Lori Aintablian was unable to be present but her parents were there and received her
proclamation. Also unable to attend was Elissa Edstrom and Irina Nedashkovskaja. Council
members commented on the student's impressive records. The students were enthusiastically
applauded by the all those present. Mayor Janney also acl'nowledged the presence of High School
District Superintendent Tom Mohr and Board Member John Gregory.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION ACTION ON AN AMENDMENT
TO HOURS AND NUMBER OF EMPLOYEES FOR TAKE OUT SERVICE AND DELIVERIES
FOR DOMINO'S PIZZA. 224 CALIFORNIA DRIVE - RESOLUTION 36-1999 UPHOLDING
PLANNING COMMISSION ACTION
City Planner reviewed her memo of April 27 , 1999, which recommended council hold a public
hearing and take action. Jorge Saldana, applicant, new owner and manager of Domino's Pizza, 224
California, is requesting an amendment of the existing conditional use permit including take out and
delivery service in order to (1) increase the number of employees from 5 to 10 with the number of
delivery people increasing from 3 to 7; and (2) increase the hours of operation Monday through
Friday from 4 p.m. to midnight to 11 a.m. to midnight; Sa"urday/Sunday hours would continue to be
11 a.m. to midnight; 95 percent of the sales would continue to be delivery business. This is an
enforcement item brought to the city's attention by a complaint about pizza sales at lunch time. The
current manager has been operating at lunch time on weekdays and was notified on January 19 that
this business was limited to being open for food sales after 4 p.m. on weekdays. The original permit
granted in 1986 required the operator to provide private ofT-site parking; that parking was provided by
a neighboring store whose parking was not used in the evening. The current operator said that there
was no such agreement in effect at this time. In a letter to council dated April 15, 1999, Saldana said
he has obtained a commitment for four parking spaces at 988 Howard. This is a condition not
considered by the Planning Commission. Staff has not seen the lease and staff needs to investigate the
Howard site to be sure this is excess parking area; the owner at 988 Howard needs to amend his use
permit to lease parking to 224 California. The Planning Commission voted at its April L2, 1999,
meeting to allow the number of employees to increase after' 6 p.m, but not to grant the request to open
at 11 a.m. for lunch on weekdays. Councilman Spinelli asked if there was a condition about
loading/unloading of trucks on California Drive; staff said there was not; he did a site inspection and
saw a problem, he would like to see such a condition on this business. Staff noted that in L992 there
was a similar code enforcement action against this business and a different operator and the regional
Domino's franchising office was notified of the operating limitations on this site at that time..
Mayor Janney opened the public hearing. Jorge Saldana, applicant, presented copies of a lease he
arranged with a garage at 988 Howard to allow four employees to park there; he requested approval.
Council asked him if he had knowledge of the condition that the business was not allowed to be open
during lunch hours on weekdays when he purchased the business; he said he was not made aware of
this when he bought the business. Council had concern that the garage at 988 Howard would have
room for four more cars parked there; no specific time for use was mentioned in the lease; staff noted
the garage would require an amendment of its use permit if its on site parking was to be regularly
used by another business; concern noted that it is a month to month lease for parking; applicant noted
the building has been sold and he has six months lett on his lease and is looking for another site to
relocate his business. There were no other comments and the hearing was closed.
Council discussed: noted the building has been sold and his lease is up so this all may be moot; the
conditions would allow any other take out and delivery food service to come into this site with the
May 3, 1999 516 Burlingame City Council
same limitations; this is code enforcement issue, same problem has come up before in 1992 and they
are still not complying with conditions; present owner may have been misinformed by the former
owner; perhaps they will move to a better location; would like to see an additional condition that they
not load or unload trucks on California Drive.
Councilman Spinelli moved to uphold the Planning Commission's action by adoption of
RESOLUTION 36-1999 which retained the business hours as established in the 1986 permit and
allowed the increase in number of employees to 10 after 6 p.m, 7 of these employees will be making
deliveries and with an additional condition that there be no loading or unloading on California Drive
Seconded by Councilwoman O'Mahony and carried unanimously 5-0 on voice vote.
PUBLIC HEARING - BROADWAY BUSINESS IMPROVEMENT DISTRICT (BID) -
RESOLUTION 37-1999 ESTABLISHING 1999.2000 ASSESSMENTS
City Manager reviewed his memo of April 28, '/.999, which recommended council hold a public
hearing and take action. On April 5 council adopted a resolution of intention to establish assessments
for the Broadway BID and set May 3 for the Public Hearing. All business owners in the BID have
been notified by mail and a legal notice was published. There have been no protests received.
Mayor Janney opened the public hearing. There were no comments and the hearing was closed.
Councilwoman O'Mahony moved adoption of RESOLUTION 37-1999 Setting 1999-2000
Assessments for the Broadway Business Improvement District. Seconded by Councilman Spinelli and
carried unanimously 5-0 on voice vote.
PUBLIC HEARING - SECOND READING ORDINANCE 1612 AMENDING ZONING CODE
REVISING THE ''NONCONFORMING STRUCTURES . ADDITIONS AND ENLAK
SECTION
City Planner reviewed her memo of April 27 , 1999, which recommended council hold a public
hearing and take action to amend the zoning code sections 25.50.080, 25.50.055 and 25.50.085. This
will clarify the concept that a structural addition may be made to a non-conforming residential
structure as long as the addition or enlargement proposed <ioes not exceed current zoning dimensional
requirements; this concept applies to floor area ratio and lot coverage as well as dimensional
requirements; also there are two changes to reference code sections which were overlooked in the last
update of the zoning code. The Planning Commission has reviewed these changes and recommends
them for adoption.
Mayor Janney opened the public hearing. There were no comments and the hearing was closed.
Councilman Galligan moved adoption of ORDINANCE 1612 Amending the Zoning Code. Seconded
by Vice Mayor Knight and carried unanimously 5-0 b; voice vote.
PUBLIC HEARING - AMUSEMENT PERMIT FOR PARK PLAZA HOTEL. 1177 AIRPORT
BOULEVARD
City Attorney reviewed his memo of April 27 , 1999, which recommended council hold a public
hearing and take action. The Park Plaza Hotel has applied for an amusement permit to allow piano
player, trio, or four piece band to play in the lounge and lobby areas of the hotel subject to
Burlingame City Council 517 May 3, 1999
conditions. This hotel had an amusement permit a few years ago and the new management would like
to resume offering casual entertainment. Staff has no objection, the Park Plaza had a good record for
security and management in the past couple years. The standard condition for closure of alcohol
service at l:20 a"m. is not recommended for this location uecause of the nature of the entertainment
proposed. If the type of entertainment changes, the permit would be returned to council for
amendment. It was recommended council approve the permit for a period to June 2000 subject to
usual conditions.
Mayor Janney opened the public hearing. Mary Donnelly, General Manager of Park Plaza Hotel,
requested approval; noted she would like also to have events up to twice a month at which admission
can be charged, similar to the permit amendment given to the Hyatt Hotel recently; she noted they
have 400 parking spaces and unlike other hotels, do not charge for parking. Staff said council should
approve this permit as presented this evening and the hotel management could come back for an
amendment to allow this new request after discussion with public safety staff. There were no other
comments and the hearing was closed.
Councilwoman O'Mahony moved approval of the Amusenient Permit for Park Plaza Hotel as
recommended by staff. Seconded by Councilman Galligan and carried unanimously 5-0.
PUBLIC HEARING -BAY AREA RAPID TRANSIT DISTRICT (BART)
RESOLUTION 38-1999 APPROVING PURCHASE OF CITY PROPERTY BY BART OF
ASSESSOR PARCEL NOS. 025-164-010 AND 025-165-010;
RESOLUTION 39-1999 APPROVING SALE OF A 25-FOOT PLANTING EASEMENT
EXTENDING ALONG THE SOUTHWEST SIDE OF MILLSDALE INDUSTRIAL PARK FROM
MILLBRAE CITY LIMITS TO APPROXIMATELY DUFFERIN AVENUE. AND NECESSARY
DEEDS AND CONCURRENT RIGHT OF WAY CONTRACT;
RESOLUTION 40-1999 APPROVING MEMORANDUM OF UNDERSTANDING REGARDING
LANDSCAPING AND TREE REPLACEMENT;
RESOLUTION 41-1999 APPROVING MEMORANDUM OF UNDERSTANDING REGARDING
TECHNICAL ISSUES
City Attorney reviewed his memo of April 29, L999, which recommended council accept the report
and approve resolution authorizing the sale of city property (two small parcels at the end of Guittard
Road and a 25 foot landscaping drainage easement) and memoranda of understanding regarding
landscaping and tree replacement, and addressing technical issues, in order for BART to complete its
proposed extension south to approximately Dufferin Avenue. To keep on their schedule, BART has
initiated the condemnation process that proceed to filing eminent domain actions. BART needs to
acquire all three properties and remove the trees on the parcels and the planting easement. In
exchange for acquiring these interests, BART is proposing payment in the amount of $116,100 for
replacement trees; payment of $161,000 for instaliation of a landscaping barrier between California
Drive and the railroad/BART lines; execution of technical MOU to implement and facilitate relocation
and protection of city utilities and infrastructure affected by BART; payment of $1000 for the two
small parcels; and reservation of a necessary utility easement for city utilities within the tree planting
area. Staff has worked with BART for the past six months to develop these MOUs to reduce the
disruptive effects that the BART project may cause. SamTrans has given notice that it plans to initiate
May 3, 1999 518 Burlingame City Council
condenrnation proceedings on May 12, L999. Director of Public Works explained about the visual
wall proposal and the timing of tree removal and replacement and the need to protect city interests
such as a major water line located in that area which supplies hotels; BART will assign a person to
respond to citizens and staff in Burlingame.
Mayor Janney opened the public hearing. Peter Penacolitus of Millbrae had some questions which
related to the County having representation on the BART Board and taxation, council referred him to
SamTrans or the Board of Supervisors. Mike Barber wondered if the city was getting the best deal it
can from BART with these MOUs. There were no other comments and the hearing was closed.
Councilwoman O'Mahony noted she has been fighting BART for years but realize this is the best
thing to do; appreciate deal to cover tree replacement costs; staff should be commended for the effort
they have put into these agreements; showed pictures of visual wall of trees and vegetation proposed
at site, hope tree replacements are done as soon as possiblo; big concern is long period of time the
trees will be down, staff reviewed time line and replacements. Councilman Galligan agreed we need
to act now. Councilman Spinelli said everyone knows he has fought BART but our back is against the
wall, if we don't come to agreement BART and SamTrans will condemn the property and it will cost
the city for the eminent domain lawsuit. Vice Mayor Knight was still not sure how she would vote on
the issue; feel we are paying our own way because SamTrans is paying for BART and we fund
SamTrans; read the resolution which states clearly that the city does not endorse any aspect of the
BART project; BART funding is still questionable, they are starting at the south end, the project may
never be built, they are way over budget. Mayor Janney said city has worked hard on this issue and
we are out of options.
Councilwoman O'Mahony moved to adopt RESOLUTION 38-1999 Approving Sale to the Bay Area
Rapid Transit District (BART) of City Property Identified as Assessor Parcel Nos. 025-164-010 and
025-165-010 and Approving Right of Way Contract and forrn of Grant Deed. Seconded by
Councilman Galligan and carried 4-1 on voice vote, Vice Mayor Knight voting no.
Councilwoman O'Mahony moved to adopt RESOLUTION 39-1999 Approving Sale to the Bay Area
Rapid Transit District (BART) of a 25-foot Planting Easement and a Drainage Easement Extending
Along the Southwest side of Millsdale Industrial Park from Millbrae City Limits to Approximately
Dufferin Avenue Reserving Easements for the City Drainage Needs, pursuant to a Quitclaim Deed.
Seconded by Councilman Galligan and carried 4-1 on voice vote, Vice Mayor Knight voting no.
Councilwoman O'Mahony moved adoption of RESOLUTION 40-1999 Approving Memorandum of
Understanding Between the City and Bay Area Rapid Transit District (BART) Regarding
Landscaping and Tree Replacement. Seconded by Councilman Galligan and carried unanimously 5-0
on voice vote.
Councilwoman O'Mahony moved adoption of RESOLUTION 4l-1999 Approving Technical
Memorandum of Understanding Between the.City and Bay Area Rapid Transit District (BART) To
Facilitate Utility Relocation and Reduce Construction Impacts of Proposed BART Tail Tracks and
Authorizing Execution by City Manager. Seconded by Councilman Galligan and carried unanimously
5-0 by voice vote"
Burlingame City Council 519 May 3,1999
PUBLIC COMMENTS
Lee Tanton from Linden Avenue objected to the rate increase from TCI and their monopoly in the
city; concerned about the slush fund from the 40 cents per customer the city gets; he also spoke about
the housing element and the proposed amnesty program for granny units; wondered why the city has
not instituted this program yet and when it would. Staff explained about TCI funds raised for public
access use and televising city council meetings; noted cable television rates have been deregulated;
there will be other cable options coming. Regarding the housing element of General Plan, there have
been other issues that have taken higher priority. Vice Mayor Knight said the objective of such a
program would be to upgrade these second units for safety issues, not to build new ones.
BUILDING DIVISION
Public Works Director reviewed his memo of April t5,1999, which recommended council review
and comment on the study made by John Canestro for expanding the use of contract services in the
Building Division and delay making a decision for up to one year in order to further evaluate the
performance of in-house staff; there have been some improvements in the past year. In September
1998, council approved an agreement with John Canestro to study the feasibility of expanded use of
contract services in the Building Division; this action was precipitated by a deterioration in teamwork,
attendance and customer service levels of the in-house staff. Chief Building Inspector responded to
council questions.
Council discussed: agreed six months is a short time to evaluate the changes in this division, should
continue for another year; appreciate seeing the division's goals and mission statement; have observed
improvements with the division. Council agreed with staff recommendation to delay a decision for up
to one year.
INTRODUCTION OF ORDINANCE 1613 ADOPTING'I'HE 1998 EDITIONS OF THE
BUILDING. PLUMBING, MECHANICAL AND ELECTRICAL CODES AND THE 1997
ABATEMENT OF DANGEROUS BUILDINGS
Public Works Director reviewed the memo of April 15, 1999, which recommended council introduce
an ordinance adopting the model construction codes for California. These codes are adopted on a
triennial basis. The new building code has a number of changes in response to experience gained in
the Northridge and Loma Prieta earthquakes. Vice Mayor Knight asked about the city's URM
buildings, staff noted all but one have been retrofitted.
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 and carried unanimously by voice vote. City
Attorney noted there is an addition to one section which was inadvertently left out when the ordinance
was drafted. Vice Mayor Knight moved to introduce ORDINANCE 1613 including the addition.
Seconded by and carried unanimously by voice vote.
APPOINTMENTS TO SENIOR COMMISSION
City Manager reviewed his memo of April 27, 1999 which recommended council make two
appointments to the Senior Commission. Councilman Spinelli said he and Councilwoman O'Mahony
May 3, 1999 520 Burlingame City Council
a
interviewed five very qualified applicants before this meeting. They recommended appointment of
Hershel Hertzberg and Mara Levy Kahn to the Senior Commission. He moved appointment of these
two candidates. Seconded by Councilwoman O'Mahony and carried unanimously by voice vote.
CONSENT CALENDAR
Councilman Galligan said he would abstain from vote on item "f" regarding245l Easton because he
lives within 200 feet of the site.
RESOLUTION 42-1999 AWARDING CONTRACT TO JJR CONSTRUCTION FOR
PARKING LOT J STREETSCAPE IMPROVEMENTS - CP 9511
Public Works memo of April 27, t999 recommended council award a contract in the amount
of $251,848 to JJR Construction for reconstruction of Parking Lot J.
RESOLUTION 43.1999 AWARDING CONTRACT TO G BORTOLOTTO & COMPANY
FOR 1999 STREET RESURFACING - CP 9832
Public Works memo of April 26, 1999 recommended council award a contract in the amount
of $464,664.49 to G. Bortolotto & Company for this year's street resurfacing program.
Public Works memo of April 23, 1999, recommended council accept a Public Electric Utility
Easement and a Storm Drainage Easement from the Doubletree Hotel owners. This is for
providing power and drainage to the top deck improvements and lights in the new parking lot.
d AGREEMENT BETWEEN THE CITIES OF MILLBRAE AND BURLINGAME FOR
PARAMEDIC SERVICES COORDINATION AND SUPERVISION BY THE CITY OF
MILLBRAE
Fire Chief's memo of April 28, t999 recommended council approve this agreement to receive
EMS paramedic coordinator services from the City of Millbrae at a cost of approximately
$50,000 per year"
e APPROVING PLANNING COMMISSION REVISED RULES OF PROCEDURE
City Planner's rnemo of April 27, 1999 recommended council review and approve the
Planning Commission's proposed changes to the method of selecting officers.
f. ENCROACHMENT PERMIT FOR FENCE AND ARBOR AT 2451 EASTON DRIVE
Public Works memo of April 22, 1999, recommended council approve this permit for a picket
fence and arbor with conditions that a portion of the fence be relocated to the back of the water
meter box and the arbor not have foliage which obs-cructs the vision of oncoming traffic to and
from the driveway.
b
C
Burlingame City Council 521 May 3,1999
RESOLUTION 44-1999 ACCEPTING PUBLIC UTILITY EASEMENT AND RESOLUTION
45-1999 ACCEPTING DRAINAGE EASEMENT FROM THE DOUBLETREE HOTEL
(TODAY'S m. rNC.) AT 835 AIRPORT BOULEVARD - CP 9117
g. CANCEL THE STUDY MEETING SCHEDULED FOR MAy 19, 1999
City Manager's memo of April 27, 1999 recommended council cancel the upcoming snrdy
meeting because of lack of items for study agenda.
Councilman Spinelli moved approval of the Consent Calendar, noting Councilman Galligan abstaining
from vote on item "f. " Seconded by Councilwoman O'Mahony and carried unanimously 5-0 by voice
vote.
COUNCIL COMMITTEE REPORTS
Councilman Spinelli said he will be attending Airport Roundtable during the week. Vice Mayor
Knight told about Criminal Justice, she represented the Mayor at the Shinnyo-En Bridge of Friendship
event and attended ALUC. Councilwoman O'Mahony attended the Council of Cities, reopening of
the Luggage Clearance Center on Burlingame Avenue, the anniversary of the Shultz Factory, CMAQ
and CCAG. Councilman Galligan recognized Carolyn Abate, reporter for the Independent, who has
recently married and changed her name to Carolyn Sprinkle; he attended Burlingame Together, Blue
Ribbon Teen, Youth Advisory meetings and the Shinnyo-En event. Mayor Janney attended CMAQ, a
convention of Delta Kappa Gamma at the Hyatt, she sras a celebrity "scooper" at Ben and Jerry's Ice
Cream Parlor and she complemented our hotels on their contributions to our community and to local
non-profits.
OLD BUSINESS
Mayor Janney announced that Youth and Government Day has been postponed until later this year.
She said, because of the location and nature of the residential condominium project proposed for 535
Almer, she would call it up for council review, the hearing was set for May 17, 1999 meeting.
Mayor Janney scheduled an appeal hearing for May 17,1999, for the Planning Commission action on
a landscaping variance and use permit for 330-340 Beach l{-oad.
NEW BUSINESS
Councilman Spinelli noted the memo regarding proposed auxiliary lanes on the 101 freeway and asked
if council was interested in improvements to the Peninsula Avenue overpass. Perhaps we should we
get together with the County and the City of San Mateo to discuss this, with a large project and other
potential development in the Arza and east of 101 this would be a good time. Staff noted San Mateo
is not interested in anything that will disrupt the adjacent residential area or golf course and the
County does not want to disturb the park; funding would be questionable for building a fulI
interchange at Peninsula; staff can bring it up in the next meeting with CalTrans and San Mateo, this
is a sensitive issue. Council agreed with the proposed projects in the 101 corridor this is a good time
to bring this issue up.
Vice Mayor Knight received a call asking if the city vias doing anything in relation to the tragedy in
Littleton, Colorado. Chief of Police said he and other police chiefs would be meeting with the School
District Superintendents to discuss this issue.
May 3, 1999 trr,Burlingame City Council
c.
d.
ACKNOWLEDGMENTS
a.Commission Minutes: Senior, April 15; Parks & Recreation, April 15; Planning, Aprtl26,
t999.
Department Reports: Police, March 1999 (and revised January and February reports); Parks &
Recreation Quarterly Report.
Memos from Public Works regarding (1) Broadway Streetscape Schedule, (2) Corporation
Yard Study, (3) Auxiliary Lanes on 101 Freeway, and (4) a request for Airport Boulevard
Freeway Signage from hotel managers.
Letter from four hotel managers suggesting (1) a redevelopment focus to include high rise
offices and corporate headquarters in the Bayshore corridor and (2) allowing an exemption
from hotel tax for airlines who contract for long term leases at hotels for their employees.
Council agreed they would like to place this issue on a future agenda for study.
e
Councilman Galligan asked how council feels about this subject; he said it's amazing how well
informed the citizens are since we started televising council meetings, would like to see the same for
school board. Other council members said this is a good use for the funds collected by TCI for public
access; noted school board members were not aware of this proposal, this idea should be coming from
them and schools should pay costs; staff noted the school board has yet to act on this question.
ADJOURNMENT IN HONOR OF BEAUTIFICATION COMMISSIONER BILL WARD
Mayor Janney asked for a moment to reflect on the medical struggle Commissioner Bill Ward is going
through. After a moment of silence, the meeting was adjourned at 9:28 p.m.
A
City Clerk
Burlingame City Council 523 May 3, 1999
b
Memo from City Manager regarding use of the City Hall Council Chambers by the
Burlingame Elementary School District for its bimonthly Board Meetings, and televising those
meetings and the related costs involved.