HomeMy WebLinkAboutMin - CC - 2000.07.05BURLINGAME, CALIFORNIA
July 5,2000
1. 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 at 6:30 p.m.by
Mayor Rosalie O'Mahony.
2. PLEDGE OF'ALLEGIANCE TO THE FLAG
Led by Mary Hunt.
3. ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NONE
4. MINUTES
The minutes of the Regular Meeting of June 19,2000, were unanimously approved after
Mayor O'Mahony noted a correction under Aclcnowledgments where she had omitted a
letter from Ruth Jacobs with regard to 301 Airport Boulevard. Vice Mayor Galligan
noted a correction to Item 9, Council Committee Reports, to include that he also met with
the visitors from China. Vice Mayor Galligan moved to approve the Regular Meeting
minutes of June 19,2000; seconded by Councilwoman Janney, and unanimously
approved by voice vote, 5-0.
Noting that there were no changes, Councilman Spinelli moved to approve the Study
Meeting minutes of June 21,2000. Seconded by Vice Mayor Galligan and unanimously
approved by voice vote, 5-0.
5a. PUBLIC HEARING - SECOND READING OF ORDINANCE 1630
ESTABLISHING 2OOO.O1 RATES
,dsst. City Manager reviewed his June 8,2000, memo which recommended council hold a
public hearing and take action to increase Burlingame's water rates7.9o/o and a $.79 per
month increase in the base monthly charge for residential water meters. The combined
effect of the two increases is a 9.60/o increase. Despite this increase, Burlingame
continues to enjoy lower water rates than surrounding cities.
Mayor O'Mahony opened the public hearing. There were no comments, and the public
hearing was closed.
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Councilman Coffey moved to adopt Ordinance 1630, and was seconded by Vice Mayor
Galligan. The motion carried unanimously by voice vote, 5-0.
5b. PUBLIC HEARING - SECOND READING OF'ORDINANCE 1631
ESTABLISHING 2OOO.O1 SEWER RATES
Asst. City Manager reviewed his June 8, 2000, memo recommending increases in the
sewer rates for 2000-2001, He noted the primary reason for the increase is capital
improvements with the need to raise $8.2 million over the next 5 years. In compliance
with Proposition 218, public notices were mailed to all customers affected by the
increase.
Mayor O'Mahony opened the public hearing. There being no comments, the hearing was
closed.
Councilwoman Janney moved to adopt Ordinance 1631. The motion was seconded by
Councilman Coffey and unanimously approved by voice vote, 5-0.
5c. PUBLIC HEARING - SECOND READING OF ORDINANCE 1632
AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH
THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 2000-01. 2001-02.
City Engineer reviewed public works memo of June 23,2000, recommended council hold
a public hearing and take action. The proposed increase in fees would recover costs for
labor and materials for the Industrial Waste Discharge Program. This program includes
monitoring, inspecting and testing the discharge from industrial users. These fees have
been projected over the next three years using a CPI inflation factor of approximately
4%.
Mayor O'Mahony opened the public hearing. There were no comments, and the hearing
was closed.
Councilwoman Janney moved to adopt Ordinance 1632. The motion was seconded by
Councilman Coffey, and carried unanimously 5-0 by voice vote.
5d. PUBLIC HEARING . SECOND RE,ADING OF ORDINANCE 1633
AMENDING SANITARY SEWER USE REGULATIONS
City Engineer reviewed public works memo of June 22,2000, which recommended
council adopt this ordinance to amend the City's sanitary sewer use regulations to comply
with current State standards and practices.
Mayor O'Mahony opened the public hearing. There being no comments, the public
hearing was closed.
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AND 2002-03
Councilwoman Janney moved to approve Ordinance 1633. Motion was seconded by
Vice Mayor Galligan, and was unanimously approved by 5-0 voice vote.
5e. PUBLIC HEARING - SECOND READING ORDINANCE 1634 TO
PROVIDE F'OR INVESTIGATION FEES AND ADMINISTRATIVE
PENALTIES FOR ENCROACHMENTS PLACED IN THE PUBLIC RIGHT.
OF.WAY WITHOUT AN EN CROACHMENT PERMIT
City Engineer reviewed public works memo of June 22,2000, responding to council's
request of staff to investigate encroachment violations. The proposed ordinance is
intended to recover city costs incurred as a result of correcting illegal encroachments.
Mayor O'Mahony opened the public hearing. There being no comments, the hearing was
closed.
Councilman Spinelli moved to adopt Ordinance 1634. Seconded by Councilwoman
Janney, the motion carried unanimously by voice vote, 5-0.
At this time, Mayor O'Mahony changed the order of the agenda to consider the consent
calendar next so that Public Hearing Item 5f would be heard at the scheduled 7 p.m. time
For the record, City Attomey read the consent calendar items.
8. CONSENT CALENDAR
^. CANCEL JULY I7,2000,REGULAR COUNCIL MEETING
City Manager's June 20,2000, memo recommending cancellation of July 17,2000
regular council meeting as a result of planned vacations.
b. RESOLUTIONS AUTHORIZING EXECUTION OF 2OOO.O1
AGREEMENTS: (1) RESOLUTION 73-2000, SAN MATEO CO.
CONVENTION & VISITORS BUREAU; (2) RESOLUTION 74-2000,
CHAMBER OF COMMERCE; AND (3) RESOLUTION 7s-2000,
PENINSULA CONFLICT RESOLUTION CENTER
City Manager's June 27,2000, memo recommended council adopt resolutions necessary
to approve three agreements: two for promotional services and one for mediation
services.
c. RESOLUTION 76-2000 REVISING FEE SCHEDULE AND ESTABLISHING
BONDING REQUIREMENTS FOR PERMANENT AND NON.
PERMAI\ENT ABOVE.GROUND FIXTURES WITIIIN CITY'S RIGHT.
OF.WAY
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Public Works Director's June 19, 2000, memo recommending council approve resolution
revising permit fee schedule and establishing bonding requirements for permanent and
non-permanent fixtures within the city's right-of-way.
d. RESOLUTION 77.2OOO AWARDING CONTRACT FOR BURLINGAME
SHORELINE TRAIL (BEHIND 1200 BAYSHORE HIGHWAY) TO CALCO
CONSTRUCTION - CP 9643
Public Works Director's June 26, 2000, memo recommended council approve resolution
awarding Burlingame Shoreline Trail (behind 1200 Bayshore Highway) project to Calco
Construction in the amount of $34,000.
e. RESOLUTION 78-2000 AFFIRMING SEWER BACKUP DAMAGE
POLICY
Public Works Director's memo of June 27,2000, recommended council adopt resolution
setting the sewer backup damage policy for Burlingame.
f. RESOLUTION 79-2OOO APPROVING MANAGEMENT
COMPENSATION PLANS _ TENTATIVE AGREEMENTS: ASSOCIATION
OF DEPARTMENT HEADS AND UNREPRESENTED EMPLOYEES
City Manager's June 21,2000, memo recommended council adopt resolution approving
management compensation plans for two year term (July I,2000, to June 30,2002).
s. RESOLUTION 80-2000 AFFIRMING APPLICATION FOR MITIGATED
NEGATIVE DECLARATION AND FOUR PARKING VARIANCES FOR A
NEW TWO.STORY OFFICE BUILDING AT 1411 CHAPIN AYENUE,
zoNED C-1, SUBAREA B-1
City Attorney's June 28,2000, memo recommended consideration of adopting resolution
reversing Planning Commission decision and approving negative declaration and parking
variances with conditions for office building at l4ll Chapin Avenue.
h. APPOINTMENT OF'PETER MARTINDALE AND TOI\IY ZHAO AS
PARK & RECREATION YOUTH ADVISORY COMMISSIONERS FOR
THE 2OOO.O1 YEAR
Parks & Recreation Director's June 28,2000, memo recommended council appoint Peter
Martindale and Tony Zhao as Park & Recreation Youth Advisory Commissioners for one
year terms (July 6, 2000, through June 30, 2001).
i. REQUEST FOR FUNDTNG - POLTCE/FIRE/RECREATION (PFRN)
TEEN NITE PROGRAM
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Parks & Recreation Director's June 28,2000, memo recommended council consider
allocation of $2,500 from reserve funds to PFRN trust account to support the PFRN
recreation program for intermediate school students in 2000.
j. WARRANTS AND PAYROLL, MAY 2000
Finance Director recommended approval of Warrants #69945-70563, duly audited, in the
amount of $1,894,959.73 (excluding library check numbers 70073-70112); Payroll
Checks 126804-127562 for the month of May, 2000, in the amount of $1,239,850.98; and
EFT's for the month of May, 2000, in the amount of $414,080.24.
Mayor O'Mahony asked for any public comment with regard to the consent calendar;
there was none. Councilman Spinelli moved to approve the items on the consent
calendar. Seconded by Councilman Coffey. The motion was approved unanimously by
voice vote.
Mayor O'Mahony noted that since it was not yet 7:00 p.m., the council would proceed to
the staff reports calendar.
7. STAFF REPORTS
INTERSECTION OF EASTON DRIVE AND MONTERO AVENUE
City Engineer reviewed public works staff report dated June 28, 2000, requesting council
to introduce an ordinance to install two stop signs on Easton Drive at Montero Avenue.
At their May 11, 2000, meeting, the Traffic Safety Parking Commission reviewed a
petition and heard testimony from residents of the zuea requesting installation of the stop
signs as a result of traffic accident history and certain hazardous traffic conditions, such
as poor visibility from driveways, curb parking at some locations, and speeding vehicles.
Vice Mayor Galligan inquired as to whether a conflict of interest existed for him and if he
should abstain from voting on this matter because he resided a block and a half away
(more than 250 feet). City Attorney reported that no conflict existed.
Mayor O'Mahony asked for any public comment on the proposal; there was none.
Deputy City Clerk read the title of the ordinance. Councilman Coffey moved to waive
further reading of the ordinance. Seconded by Vice Mayor Galligan, the motion carried
unanimously by voice vote, 5-0.
Councilman Spinelli moved to introduce Ordinance 1635 to install two stop signs at the
intersection of Easton Drive and Montero Avenue. Seconded by Vice Mayor Galligan,
the motion was unanimously approved by voice vote, 5-0.
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7a. INTRODUCE ORDINANCE 1635 TO INSTALL TWO STOP SIGNS AT
Mayor O'Mahony directed the City Clerk to publish a swnmary of the proposed
ordinance.
7b. INTRODUCE ORDINANCE 1636 TO ESTABLISH PLANNING
COMMISSION STIPEND
City Manager reviewed June 20,2000, memo summarizing council discussion of a salary
or stipend for planning commissioners. Council had directed staff to prepare an
ordinance establishing a monthly stipend of $200 for each planning commissioner, to be
handled as part-time eamings subject to social security but no other benefits. If
approved, a total annual cost of $18,085 would be transferred from the contingency
reserve to the planning department budget.
Mayor O'Mahony called for any public comment; there was none. Deputy City Clerk
read the title of the proposed ordinance. Councilwoman Janney moved to waive further
reading of the ordinance. Seconded by Councilman Spinelli, the motion carried
unanimously by voice vote, 5-0.
Councilwoman Janney moved to introduce Ordinance 1636 establishing planning
commission stipend. Seconded by Vice Mayor Galligan, the motion was approved
unanimously by voice vote, 5-0.
Mayor O'Mahony directed the City Clerk to publish the ordinance.
7c. BEaUEST To CONTINUE THE CO
FAMILY RESIDENTIAL PROJECT AT 949-965 ROLLINS ROAD
City Planner reviewed June 23, 2000, memo requesting council decision to continue
appeal hearing on a proposed multiple family residential project at949-965 Rollins Road.
The applicant has asked the continuance include the right to have the project reviewed
under the standard R-3 zoning regulations rather than subject to the overlay zoning
requirements adopted April 17, 2000, which became effective May 17,2000.
Councilman Coffey agreed to grant permission of applicant's request to have the project
reviewed under the R-3 regulations. Council concurred and directed staff to schedule the
continuance date of September 5, 2000. Councilman Coffey moved to continue this
matter to the regular meeting of September 5, 2000. Seconded by Vice Mayor Galligan,
and carried unanimously by 5-0 voice vote.
Mayor O'Mahony noted that since it still was not 7:00 p.m., they would move on to
council committee reports and acknowledgments.
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9. COUNCIL COMMITTEE REPORTS
Vice Mayor Galligan reported he had been out of town and had attended no official city
meetings. Councilwoman Janney attended pool committee meeting, and the city/school
liaison committee. Councilman Spinelli noted he also had no meetings to report.
Councilman Coffey reported attended the citylschool liaison committee meeting. Mayor
O'Mahony attended the Giants' baseball game for Burlingame night at Pacific Bell Park.
10. OLD BUSINESS - None.
11. NEW BUSINESS
Councilwoman Janney reported receiving a phone call from a constituent suggesting
some type of special landscaping be installed at the driving range on the side of the slope
facing the freeway. City Manager reported because it is a landfill, landscaping
restrictions exist for that area and watering is prohibited on the slope area. The next
project will be to address the removal of the old fence and barbed wire on the Airport
Boulevard side.
a. Commission Minutes: Library Board, }i{.ay 12,2000; Senior, June 15, 2000;
Planning, June 26, 2000.
b. Department Reports: Police, May 2000; Treasurer, May 31, 2000.
Mayor O'Mahony called for a brief recess at 6:56 p.m.; the meeting reconvened at7:00
p.m. Because of a large number of audience in attendance, Mayor O'Mahony asked the
Fire Chief to instruct the audience on fire code requirements regarding seating in the
chambers and in keeping the aisle and doorways clear.
7f. PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION'S
ArRpoRT BLVD, ZONED C-4,INCLUDTNG CONSIDERAIIaN !E
ENVIRONMENTAL IMPACT REPORT . STATEMENT OF OYERRIDING
CONSIDERATIONS,VARIANCE FOR COMPACT PARI(NG SPACE
NUMBER;AND IN CONNECTION ONLY WITH PARCEL ON WHICH
POSSIBLE DAY CARE CENTER WOULD BE PLACED: CONDITIONAL USE
PERMITS FOR CHILD CARE FACILITY, LOT COVERAGE OF MORE
THAN 35" , FRONTSE TBACK OF LESS THAN 31 FEET, VIEW
OBSTRUCTTON OF MORE THAN 40"h, FRONT SETBACK LANDSCAIPING
oF LESS THAN 80" , AND PARTilNG AREA LANDSCAPING OTIESS
THAN 10%
City Planner reviewed June 23, 2000, memo summarizing the history of the revised,
revised office project at 301 Airport Boulevard which now includes a child care facility.
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12. ACKNOWLEDGMENTS
ACTION ON A PROPOSED 488.OOO GSF OFFICE PROJECT AT 301
The project includes four 4-story buildings, each 65-feet in height, totaling 488,000
square feet of offrce. The proposed child care facility would be on a separate 18,000
square foot parcel accessed from Beach Road. The project is accessed from a4-late
driveway off Airport Boulevard on east side of site. The proposed FAR for the project
excluding the 18,000-SF day care center is .71. The increase in the FAR from prior
submittals is because the site has been reduced to divide off the day care facility site. The
project also includes improvements of recreation/pedestrian shoreline access along
Sanchez Channel extending to the bridge crossing at Beach Road, pedestrian access
across the site, and a landscape courtyard between the buildings at the center of the site
added since planning commission's review. The office project would include a parking
variance for 40%o compact (20% allowed). The day care facility site would be created
with a parcel map, rezoned from C-4 to O-M, a front setback variance of l0 feet (15 feet
required), and need conditional use permits for the day care facility in the O-M district
for varying from the design guidelines (52.8% lot coverage [35 max. allowed], l0-foot
front setback [36 max. required], 63%oview obstruction l40%omax.l,78.3% of front
setback is landscaped [80% required], and no landscaping within parking area because
parking area is below ground). If the project is adopted without a child care facility (as
presented to the planning commission), there would be no discretionary approvals
required because the project (with the 18,000-SF added) meets all the zoning code
requirements. City Planner referred to project's conditions of approval: first 65
conditions apply to project if there were no day care facility. Conditions 66 through 86
would be added and considered if council were to include the day care facility.
Councilman Spinelli commented on his concern about the biotech firm located adjacent
to proposed child care facility site. City Planner reported that the fire department had
made a site inspection and determined that no hazardous materials of concem to a day
care facility next door were at that location. Vice Mayor Galligan inquired about the
FAR of a similar earlier project in that area; staffnoted that project was approved at .75
FAR, built at .45 FAR. It was pointed out that project had been previously approved
unanimously by an earlier council. With no other council comments, Mayor O'Mahony
opened the public hearing.
Project applicant Dan Levin addressed council with regard to project. Comments
included: reference to San Francisco Chronicle news article dated July 5, 2000, noting
windsurfers opposition to project; agreed that Coyote Point is a valuable environmental
and recreational resource; developer has changed project; buildings are completely
different and lower in height, lower than drive-in theater screens currently on the project
site; wind tunnel tests conducted for project concluded that after project completed "wind
will be virtually indistinguishable from wind as it currently exists"; personally responded,
via telephone calls, to windsurfers' correspondence; addressed Humboldt Avenue
homeowners' concerns with regard to traffic impact; noted that traffic resulting from
Burlingame drive-in theater was not taken into account in baseline studies so trip
numbers used in FEIR are slightly inflated; referred to letter of support from Humboldt
Avenue (Woodlake Condominiums) resident Patricia Bowling noting project would not
have a negative affect in property values; proposed child care facility would designate
L5o/o to disabled children, 35Yo to low-income families, and 50o/o all else; after child care
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facility is built, it would be deeded over to two non-profit agencies (Poplar ReCare,
Peninsula Family Services Agency) who would then take control of, operate, and manage
the facility; general plan is valid as long as it fits the needs and desires of the community;
business use generates revenue for city; referred to existing wind conditions at Coyote
Point, average wind speed |3%MPH; average comfort zone for a seating area is 7 MPH
wind speed; offered to pay City of San Mateo the mitigation cost of $50,000 for Poplar
Avenue traffrc diverter if San Mateo chose to implement, and S 150,000 for traffic
meetings and calming devices along North Humboldt; however San Mateo wants
$700,000 more; reference June 22,2000, letter (page 3, paragraph 5) requesting
alternative language setting amount at $200,000 allowing Burlingame to pay San Mateo
only if traffic mitigation is implemented, substitute wording for condition 23.
Councilman Coffey inquired about San Francisco's Levi Strauss Plaza and how it
correlates with proposed project. Mr. Levin reported project has more open space than
LeviPlaza. Vice Mayor Galligan asked for clarification of photo with regard to number
of trees on project. Mr. Levin reported over 1,000 trees are proposed for planting.
Mayor O'Mahony requested clarification with respect to wind velocity; discussed letter
sent to San Mateo; and inquired about Beagh Road entrance for child care center being
optimal location (Mr. Levin reported elevation is slightly higher and is a convenient
location to subdivide so that the deed can be conveyed to the two non-profit agencies).
Mayor O'Mahony opened the public hearing.
San Mateo Mayor Jan Epstein (330 West 20th Avenue, San Mateo) spoke in opposition to
the project. Also speaking in opposition and voicing concerns of traffic impact,
environmental detriment to a recreational area, and conflict among land uses were the
following individuals (in alphabetical order): Elrae Bilsey (112 Howard, Burlingame),
Tom Carey (1404 Floribunda, Burlingame), Russ Cohen (605 Lexington, Burlingame),
Dan Coleman (328 West 36th Avenue, San Mateo), Jaime Cordera (l2l} Patlen Drive,
Los Altos), Richard Davis (1515 Albemarle, Burlingame), Albert DeRanieri (161I
Willow Avenue, Burlingame), Adam Donovan (803 No. Humboldt Street #201, San
Mateo), Martin Dreiling (1321Paloma Avenue, Burlingame), Daniel Farmer (2340
Perich Court, Mountain View), Mary Firenze (1210 Patlen Drive, Los Altos), David
Fisch (324Waveiley Street, Palo Alto), Janet Gehrke (818 No. Idaho Street, San Mateo),
Tim Gerard (619 -1't Avenue, San Mateo), Jane Gleason (811 No. Humboldt Street, San
Mateo), Mark Grandcolas (1432 Alvarado, Burlingame), Teddy Hanang (2lll Ledoma
Drive, Palo Alto), Lisa Happich(24 Arundel, Burlingame), Steven Henegar (340 San
Antonio Street, San Mateo), Ted Huang (25111 La Loma Drive, Los Altos), Mike
Lassner (680 Portofino Lane, Foster City), Shirley Licko (930 Peninsula Avenue, San
Mateo), Dean Mawdsley - property owner of 360-380 Beach Road (615 Chilten Road,
Hillsborough), David McGillicuddy (293 Mather Street, Oakland), Jim McGrath (2301
Russell Street, Berkeley), Melanie Moreno (4826 Heyer Avenue, Castro Valley), David
Nelson (300 Caldecott Lane #206, Oakland), Gayle Pergamit (building owner with
Covalent, 330 Beach Road, Burlingame), Bill Pollina (932 Peninsula #409, San Mateo),
Todd Robinette (415 Concord Way, Burlingame), Jerry Rosenblatt (398 Beach Road,
Burlingame), Bill Rubbersol (2539 Lake Street #1, San Francisco), John Schultz(2431
Tamalpais Street, Mountain View), Donna Slote (1256 Laguna, Burlingame), Peter
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Thorner - San Francisco Boardsailing Association (390 Alcafiaz Avenue, Oakland), Dr.
Mark Tischler (1204 Rembrandt Drive, city not stated), Sean Wagstaff (472 Jeter Street,
Redwood City), Clement Wang (906 Hyde Avenue, Cupertino), Ed Wang (1552 Chihong
Drive, San Jose), Bob Whitehair (1530 Edinburgh Street, city not stated), Diane Younger
(2539 Lake Street #1, San Francisco), Richard Zimmerman (1821 Grant Avenue #301,
San Francisco), and Joseph-Marc Zygarewicz (2Bayswater Avenue, Burlingame).
Speaking in favor of the proposed project and in support of the revision to add the child
care facility were the following individuals (in alphabetical order): Tim Auran (1323
Bernal Avenue, Burlingame), Robert Brisbee (824 Acacia Drive, Burlingame), Sue Digre
(PARCA, 1650 So. Amphlett Boulevard #213, San Mateo), Nirmala Dillman (PalCare,
945 California Drive, Burlingame), Rich Hedges (904 Wharfside Road, city not stated),
Mary Hunt (725 Vernon Way, Burlingame), Shelley Kessler (1 153 Chess Drive #200,
Foster City), Rigo Laguardia (701 No. El Camino Real, San Mateo), Dick Lavenstein
(street address not stated, San Mateo), Jeanie Mcloughlin (San Mateo County Office of
Education, 101 Twin Dolphin Drive, Redwood City), George Mozingo (850 Woodside
Way, San Mateo), William Nack (l153 Chess Drive, Foster City), Gary Saunders (1519
Rollins Road, Burlingame), Beth Stevens (1927 Bridgepoint Circle, San Mateo), Charles
Voltz (725 Yernon Way, Burlingame), Laurie Wishard (Family Service Agency, 1870 El
Camino Real, Burlingame), Sheryl Young (Poplar ReCare, 875 Stanton Avenue,
Burlingame).
Applicant Dan Levin responded to concems and comments made during the public
hearing.
Mayor O'Mahony closed the public hearing.
Councilwoman Janney thanked all participants; dialog on this project has been ongoing
for two and one half years; commented that the project meets the elements of the city's
general plan; required no variance, except for adding the child care facility; the developer
has addressed the needs of the windsurfing oommunity; developer has been concerned
with traffic mitigation, increased shuttle service, for Caltrain upgrades and BART to
Millbrae; applaud development for concem over maintenance and development of public
transportation; project is good for the city; business community supports this project; East
side of Bayshore is lifeblood of this community; applaud the child care center and the
commitment to child care by the developer. Moved to go forward with process for
granting approval for this project. Motion was seconded by Mayor O'Mahony.
Comment on the Motion: Vice Mayor Galligan commented on recent photos of the
Historical Society showing Pacific City amusement park which was once located at the
proposed project site; amusement park was not successful because of the Bay front
weather; in their direction the planning commission did not consider weather elements;
Burlingame is envy of other cities because of its general plan which separates residential
and businessftrotel by US 101; proposed projeot site is last parcel designated office in the
Anza area; addition of trains to stop at Broadway station not a problem for traffic
accessing Highway l0l since station will be relocated 500 feet south of current site
alleviating some traffic congestion on Califomia at Broadway; not concemed with
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developer cashing in on project and "leaving town"; this is a long-time developer who
has invested in the community by donating funds to Burlingame High School track
improvements and Notre Dame High School's new gymnasium in Belmont; development
will cause property values to increase; FPPC has ruled that his conflict of interest does
not exist; concessions have been made to windsurfers.
Councilman Spinelli noted this project has been ongoing for two years; good for hotels;
there's a need for office space; project conforms to city's general plan; concerned with
benefits outweighing impacts; agree with planning commission with regard to traffic
impacts; feels project is too large; scaling project back by one-fourth; removing one of
the four proposed office buildings would reduce traffic impact by 25%; real concem with
child care facility being located adjacent to a chemical company; would like to see
project phased in over time and coordinated with proposed auxiliary lanes on Highway
101; concern with traffic impact on Broadway overpass; if project is scaled back, parking
structures could be added and a park included on the northeast side of the property.
Councilman Coffey noted correction to a public comment made with regard to his
involvement in commercial office real estate; he has never been involved in commercial
office real estate; project has evolved enormously in its 2-year life; project has been
redesigned to comply with issues raised; will be a wonderful asset to community; child
care center is tremendously important; definite need for office space in our community;
important that general plan has worked so well for Burlingame; can support project as
presented; developer has tried to meet all concerns; effects of project won't ruin Coyote
Point; all cities need to work together on traffic problems on the Peninsula; should
consider applicant's request to remove condition #23.
Mayor O'Mahony acknowledged the windsurfers' concerns; elliptical building design a
"first" in Burlingame and a graceful solution; proud of Planning Commission's work on
this project; applaud Planning Commissioner's Keighran's fight for the child care facility
in this project; concerned that San Mateo has not been more of a good neighbor with
regard to this project in terms of making roadway modifications at Poplar/Amphlett/US
101 intersection; Burlingame has supported San Mateo in its concerns regarding the
Peninsula overpass which is not affected by this project but is within San Mateo's
jurisdiction; feel developer has adequately addressed air quality impacts better than any
other project in the county because of his voluntary use of C/CAG's transportation
demand management requirements and it is also more likely with this aggressive program
that a 10 percent reduction in auto trips will be achieved.
Councilwoman Janney moved to withdraw her previous motion to ovemrle the Planning
Commission action on the project, noting that it was her intention to get the discussion
moving. She then moved to certiff the Final EIR, including all its volumes, noting that
the FEIR as found by the Planning Commission and distributed to the council is in
compliance with the Califomia Environmental Quality Act, that the FEIR was presented
to the City Council at their study meeting on June 7,2000, and the documents were
reviewed by the council and a public hearing held on the FEIR before action on the
project and that the Council finds, as did the Planning Commission, that the FEIR reflects
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the city's independent judgment. The motion was seconded by Councilman Coffey.
Mayor O'Mahony called for a roll call vote on the motion to certiff the FEIR. The
motion carried on a 4-1 (Councilman Spinelli voting no) roll call vote.
Mayor O'Mahony then noted that the next action was to review, amend if appropriate and
adopt the findings of overriding consideration and the statement of oveniding
consideration. Councilwoman Janney moved to adopt both the findings and statement of
overriding consideration directing the staff to include the pertinent additional comments
made at tonight's meeting regarding the child care facility and its community benefits.
The motion was seconded by Vice Mayor Galligan. Mayor O'Mahony called for a roll
call vote on the motion to adopt findings of overriding consideration and the statement of
overriding consideration. The motion passed on a 4-1 (Councilman Spinelli voting no)
roll call vote.
Mayor O'Mahony then called for a motion on the discretionary actions required for the
project with the child care facility which include a variance for compact parking for the
office project and a variance for front setback and conditional use permits for use and
compliance with the bayfront design guidelines for the child care facility. Councilwoman
Janney moved to approve the variances and conditional use permits for the revised,
revised project, 488,000 GSF of office in four 65'buildings with a child care facility on a
separate 18,000-SF parcel accessed off Beach Road for the reason stated in the staff
report, in the public record, at the public hearing and by the council members tonight.
The motion was seconded by Vice Mayor Galligan.
Discussion on the motion: Mayor O'Mahony noted that in support of the necessary
variances and conditional use permits the inclusion of the day care facility in the project
would meet an important community need, reduce traffic which is a concern to many,
provide services for special children not available in this county, assist low income
parents who work in the city's service industries; she also noted that all the testimony and
the record on the project compiled should also be incorporated by reference to document
the reasons for granting these exceptions to the code. Vice Mayor Galligan noted that
staff had looked into the potential liability of placing a child care facility in this light
industrial area and found that there was not a problem and no liability for the adjacent
businesses as allowed by the city's zoning ordinances. Councilwoman Janney noted that
the motion should have included replacing condition 23 regarding responsibility for
funding of roadway improvements in San Mateo with the wording suggested by the
applicant in his letter to council dated Jwrc22,2000, page3-4. The second agreed to the
amendment to replace condition 23.
Mayor O'Mahony called for a roll call vote on the motion to approve the exceptions to
the zoning code for the revised, revised project with ohild care facility. The motion
passed on a 4-1 (Councilman Spinelli voting no) roll call vote.
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Mayor O'Mahony asked if it was the consensus of the council to direct the applicant to
file the parcel map and proceed with the rezoning from C-4 to O-M of the 18,000-SF
fronting Beach Road. The council members concurred with the direction.
Mayor O'Mahony noted that staff would retum to council at the meeting of August 7,
2000, with a resolution affirming the council's actions this evening.
13. ADJOURNMENT
The meeting was adjourned at 11:08 p.m.
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Ann T. Musso
City Clerk
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