HomeMy WebLinkAboutMin - CC - 2000.10.16MINUTES
BURLINGAME, CALIFORNIA
October 16,2000
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 at7:00 p.m.by Mayor Rosalie O'Mahony.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Diana Warden.
3. ROLL CALL
COUNCIL PRESENT:
COLTNCIL ABSENT:
COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NONE
4. MINUTES
Councilman Spinelli noted a correction on page three, third paragraph, that should read "overcrossing
project is moot", not "mute"; Mayor O'Mahony noted the following corrections: paragraphTa,
"BAMM ond AFSCME have no objection", not "object";page 3, last paragraph, "the purpose of this
study is to improve the sqfety on CalTrain",fiot "Cal Trans"; remove the word "it" from page 5, line
8, to read " For the Broadway interchange, it's a matter of whether or not they will put the flyover in
the project scope report."
5. PUBLIC HEARINGS
^. ADOPTION OF ORDINANCE#1643 TO INSTALL TWO STOP SIGNS ON ADELINE
DRIVE AT CORTEZ AVENUE
DPW Bagdon noted that the Traffic, Safety and Parking Commission recommend the installation of
two new stop signs at Adeline and Cortez based on pedestrians using the crossing for more direct
access to Ray Park. He noted the intersection does not have warrants for either the volume of traffic
nor for accidents. Records were researched back to 1988 and there have been no pedestrian related
accidents at this intersection. With this installation, there will be three sets of stop signs on Adeline
over a very short distance; concerned that drivers may not take signs seriously and by putting a
crosswalk at these locations, it may be giving pedestrians a false sense of security.
Mayor O'Mahony opened the public hearing. Kathleen Wentworth,1429 Cortez, stated she and a
number of neighbors have been gathering signatures since they feel stop signs are needed at this
intersection; understands the concern with having three stop signs in such close proximity; appreciates
the help received from the Traffic Engineer and Police Department. The gate access to Ray Park is
something of an "attractive nuisance"; feels it's critical to give the children a chance to cross Adeline.
Demetri Wentworth, 1429 Cortez, a student at Lincoln School, told the Council "a crosswalk is needed
October 16,2000 230 Burlingame City Council
to walk to school; the cars zoom by and keep going lik,e crary." Sue Pallequin, 1472 Cortez, stated the
area is very busy; cars use Adeline to get to Mercy High School and Highway 280. Does not feel it is
always feasible to cross at Balboa and Cabrillo; the entrance on Cabrillo is fairly hidden and not as
accessible. Michael, a resident from 1472 Cortez, stated he is very uncomfortable crossing at this
intersection and noted Cortez is used for parking during soltball season; this is an intersection used for
more than school; encouraged Council to approve the ordinance for two new stop signs.
Council Comments: Vice Mayor Galligan stated he grew up in this neighborhood and spent his
childhood at Ray Park; at that time there was no entrance to the park on Cortez. Counted over 100
signatures on the petitions that were from people who did not live near the area and some signatures
were from residents of other cities. Feels it would be more dangerous if there was a third stop sign at
Cortez and feels it could possibly attract an accident if another stop sign was installed; supported
overturning the Traffic, Safety and Parking Commission's recommendation to install a stop sign at this
intersection. Councilwoman Janney stated she supported the recommendation of staff even though
there are some legitimate concerns. At the advise of the TSP Commission with some parental input
received last year, she supports the installation of the stop signs. Councilman Spinelli stated he has
observed more traffic in that neighborhood as the number of children has grown; sees a lot of people
speeding on Adeline; supports the installation of the stop signs. Councilman Coffey doesn't feel a stop
sign can be dangerous; this is a residential areawith many children going to and from school and the
neighbors support the stop signs. Supports the recommendation to install the stop signs at Cortez and
Adeline. Mayor O'Mahony feels children will be children and may not understand the purpose of the
law to cross at a crosswalk; supports the recommendation to install the stop signs. Councilwoman
Janney made a motion to approve Ordinance #1643 to install two stop signs on Adeline Drive and
CortezAvenue; seconded by Councilman Coffey, approved by voice vote,4-1, with Vice Mayor
Galligan opposing.
b. APPEAL OF PLANNING COMMISSION APPROVAL OF A MITIGATED NEGATIVE
DECLARATION,CONDITIONAL USE PERMITS AND FRONT SETBACK
VARAIANCE FOR A HOTEL AT 1755 BAYSHORE HIGHWAY, ZONED O.M
CP Monroe referred to her staff report stating the Saturn Investment Group is proposing to build a new
50'tall, four-story, 77-roomhotel on al.l9 acre property at1755 Bayshore Highway, Zoned O-M;
need a conditional use permit for hotel use in the O-M district, to exceed 35' in height (proposing 50'),
to exceed the design guidelines for the front setback, and for landscaping requirements in the front
setback. Need a variance for front setback because the covered walkway extends to within four feet of
property line, when a 25' setback is required in the O-M district.
The 77-room hotel is oriented in the east/west direction on the site. The 50' tall building would be
perpendicular to Bayshore; in order to encourage foot traffic a.long a 20' long trellis is extended from
the porte cochere to within four feet of the front property line. The remainder of this 4' area is
consumed by the widening of the sidewalk. All vehicular circulation takes place on the site itself
using the two driveways and circulating around the building. There are 77 parking spaces provided as
required by code, l5o/o are compact. The hotel does not include any meeting rooms or restaurant
facilities and will be staffed 24 hours per day.
On September 25,2000, the Planning Commission held a public hearing and voted to approve the
negative declaration and the conditional use permits and variances for the proposed hotel. In their
action, they made some amendments to the conditions of approval, which included widening the
sidewalk to 8', adding trellises to each of the exterior entrances to the hotel, replacing the concrete in
Burlingame City Council 231 October 16,2000
the porte cochere area with pavers, and changing the type of tree planted to something other than a
Sycamore tree, which may not thrive in the conditions of this area.
Mayor O'Mahony opened the public hearing. Mr. Michael Nakamura, owner of a food and beverage
marketing and manufacturing company, stated he purchased a multi-purpose building from Sky Chef
in November 1999. Included in the purchase was a parcel of land, which was sold to Saturn
Investment Group for a future hotel. Mr. Nakamura verbally requested they build the hotel without
disrupting the view from his offices. In the original plans for the hotel, this request was met. On the
northeast side of Mr. Nakamura's building, there is a set of windows that has a view of the bay. He
feels if the proposed hotel were built, it would destroy this offrce view. Mr. Nakamura requested a
compromise that would maintain at least a portion of their view. He noted the agreement on the
placement of the hotel was verbal, not written into the sales contract. Mayor O'Mahony stated she
visited the Sky Chef building and did not feel the views from the offices were that spectacular.
Mr. Patel, Saturn Investment Group, stated originally plans were submitted for the hotel during the
review process the hotel was rotated. When the property was purchased, he stated it was never
discussed where the hotel would actually be placed during the preview process the hotel was rotated.
The proposed hotel drawings were a collaborative effort with the Planning Commission; wanted any
new construction to set a design standard that would be more pedestrian-friendly; feel the proposed
plans are a very nice product.
Council Comments: Vice Mayor Galligan feels the Planning Commission has a vision for Bayshore
and noted they worked hard to get this property the way they envisioned; supported their decision.
Mayor O'Mahony noted that in the Planning Commission's report that the changes made provide
architectural guidance for future new construction and renovations on the bayfront. Councilman
Spinelli feels this is a great step to the future and the rn'ay the City wants to develop this area. Vice
Mayor Galligan made a motion to support the Planning Commission's findings, seconded by
Councilwoman Janney, motion carried unanimously by voice vote, 5-0.
Councilman Galligan left at 7:40 p.m
c. APPEAL OF PLANNING COMMISSION DETERMINATION ON THE USE OF AN
EXISTING BASEMENT AREA AT 340-348 LORTON A SUBAREA
BURLINGAME AVENUE COMMERCIAL AREA
Councilwoman Janney made a motion to continue the appeal hearing for 340-348 Lorton to November
6,2000; seconded by Councilman Spinelli, motion carried unanimously,4-0-1 (Vice Mayor Galligan
absent).
d. a)CONSIDER RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
DECISION AI\D GRANTING CONDITIONAL USE PERMIT FOR EXPANSION OF
FOOD ESTABLISHMENT AT 1108 BURLINGAME AVENUE/303.305 CALIFORNIA
DRTVE, ZONED C-1,APPLICANT: FANNY AND ALEXANDER; PROPERTY
OWNERS, LORENZ AND LOUISA KAO
CP Monroe noted that while Council was reviewing the applicant's request at the Council meeting of
September 18, 2000, the applicant requested two additional amendments to the conditional use permit.
The first is to add a perrnanent full-service bar for the preparation and sale of drinks in the portion of
the site at 303-305 California Drive. The second request was to use a portion of this same site for
October 16, 2000 232 Burlingame City Council
dining, banquets, live entertainment and dancing. The Planning Commission hadn't considered these
subsequent requests: live entertainment, and dancing at the level Fanny and Alexander's was
.eq.restirg at the meeting on the 18th, also the applicant wished to add a permanent bar and to extend
the hours of the use of this additional area from 1 1:00 a.m. to 2:00 a.m. Council directed the applicant
to revise the plans, return them to staff for fire exiting and seating requirements, and to apply for an
amusement permit addressing the hours of operation and the activities of 303-305 Califomia Drive.
The revised plans show a permanent bar with a refrigerated storage cubicle attached to the patio end of
303-305 California Drive. The bar and the refrigerated storage area occupy approximately 153 square
feet of the site. The Fire Marshal indicated he did not feel the placement of this facility would affect
fire exiting, egress or maximum customer occupancy but was concerned that the applicant indicated
three people would work in the bar area; he felt the maximum number of people working in the
permanent bar itself should be one, which is addressed in condition#4. Also, because "barlfood
establishment" is defined as having a dishwasher, it felt it might be clearer in this case to not have a
dishwasher as a part of this bar. In the future, this might avoid confusion. This was added to the
conditions of approval. A clarification to condition #2 made it clear that neither food nor drink could
be prepared in the outdoor patio area.
Mayor O'Mahony asked City Attorney Anderson if it would be possible to add to one of the conditions
that no portion or combination of these properties may be leased or subleased independently. CA
Anderson agreed that this would make it clear that the establishment would have to stay as a unit and
could not be operated as separate food establishments.
Mayor O'Mahony opened the public hearing. Jeffrey Weinberger, Fanny and Alexander, stated neither
he nor his business partners have any intention of subleasing this property; he stated it has been their
intention to serve food and drinks on the patio; there are events that are held on the patio for which a
portable bar would be necessary. He also indicated that the permanent bar is 14 t/2', not l3' as
indicated in their plans. It was their intention to have one, and potentially two bartenders as well as a
dishwasher behind the bar area. The idea of moving glass wear through the patio or around the
building is prohibitive. Mr. Weinberger stated the dishwasher is strictly for glasses; it runs for 113
seconds and operates at I l0 degrees and would drain into a floor sink. Mr. Weinberger noted he has
had requests for Sunday dinner functions and would like to have his amusement permit amended to
include being open on Sunday. CA Anderson stated when they decide what they want to do with their
Sunday operation, the request will need to be properly noticeci and a public hearing held.
Mayor O'Mahony closed the public hearing. Councilman Coffey stated Burlingame Avenue is
successful because the citizens support it; wondered how the City can help facilities like Fanny and
Alexander's to be a better provider to the citizens and visitors; has no problem changing condition #2
to read "or drink." CA Anderson stated "'a single, smali portable bar for preparation of drinks only"
can be added. Councilman Coffey felt it is appropriate that they have a glass washer at the 303-305
facility.
Councilman Coffey made a motion by Resolution to amend the conditional use permit to expand the
sitting area for an existing full service food establishment at 1108 Burlingame Avenue with changes to
condition #2, which will strike out the "or drink" and the small portable bar; condition #3 will add that
the premises will not be leased or sublet; condition #4 to allow a glass washer; Councilwoman Janney
seconded the motion, approved unanimously by voice vote, 4-0, with Vice Mayor Galligan absent.
Burlingame City Council ZJJ October 16, 2000
b)d.CONSIDER AMENDMENT TO AMUSEMENT PERMIT FOR FANNY AND
ALEXANDER, 1108 BURLINqAME AVENUE TO ALLOW
ENTERTAINMENT USE INTO SPACE AT 303.305 CALIFORNIA DRIVE
CA Anderson stated Fanny and Alexander's had an amusement permit approved in August 1999
and has been in operation since the Spring of 2000. Applicant would like to extend the
amusement permit into the new area, 303-305 California Drive with the same terms and
conditions as the original amusement permit. It will be operated as a single establishment; the
entrance and exiting off of California Drive is addressed in the conditional use permit and that
they have a single entrance from Burlingame Avenue. It has also been amended in response to
the conditional use permit for Monday through Saturday for entertainment.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilwoman Janney made a motion to amend the amusement permit for Fanny and Alexander to
allow expansion of entertainment use into 303-305 Califomia Drive; seconded by Councilman Coffey,
approved unanimously by voice vote, 4-0, with Vice Mayor Galligan absent.
e. RESOLUTION ADOPTING 2000 URBAN WATER MANAGEMENT PLAN
DPW Bagdon explained that state law requires all water purveyors adopt by Resolution a five-year
plan outlining the management of their water supply. The plan is a comprehensive blueprint of the
City's water system; it describes the elements of the infrastructure, where the water comes from and
how it is used. It also outlines conservation measures that the City is performing, such as distributing
conservation kits and literature to residents and offering rebates for those purchasing high efficiency
washing machines and low flush toilets. One pressing need is to devise a plan for storage of an
emergency supply of water in case there is a complete outage from San Francisco. There is interest in
having a joint storage facility located in Millbrae. Also, the Bay Area Water Users Association have
developed a draft water shortage allocation plan, which specifies ahead of time how our water would
be allocated during a drought where we would have a 25Yo cutback. That document is in draft form
and is being reviewed by SFPUC.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Spinelli made a motion to adopt the 2000 Urban Water Management Plan; seconded by
Councilwoman Janney, approved unanimously by voice vote,4-0, with Vice Mayor Galligan absent.
6. PUBLIC COMMENTS
Leigh Tanton, 845 Linden Avenue, stated he is concemeC about Burlingame's housing crisis. He
stated in April that the Council admitted there was a problem with affordable housing, and that there
was going to be an amnesty plan for secondary units; feels the City of Burlingame is not following a
law passed in 1982 prohibiting any City from adopting an ordinance that would totally ban secondary
units within single family and multiple family areas. Michael Barber, 1316 Palm Drive, thanked
Council for approving the Ordinance to add two stop signs on Adeline; stated all four schools that do
not have dead-end access are concerned about traffic; he explained that this issue would be resurfacing
in the near future.
October 16,2000 234 Burlingame City Council
7. STAFF REPORTS AND COMMUNICATIONS
A. COMMISSION APPOINTMENT - LIBRARY BOARD
Vice Mayor Galligan and Mayor O'Mahony met with three of the four candidates who applied for the
position on the Library Board, Elaine Fuchs, Carolyn Hipps, and Andrew Gerthett, all excellent
candidates. Mary Lou Morton waived her interview opportunity. Mayor O'Mahony made a motion to
reconrmend Andrew Gerthett to the Library Commission; he has wonderful credentials, is currently a
librarian at Santa Clara Law School, and has a good understanding of library construction and the uses
and needs of people. He is very adept at Internet usage and feels comfortable recommending him. The
motion was seconded by Councilwoman Janney and approved unanimously by voice vote, 4-0-1, (Vice
Mayor Galligan absent).
b. ADOPTION OF RESOLUTION OF INTENTION AND INTRODUCTION OF
ORDINANCE AMENDING RETIREMENT CONTRACT TO FOURTH LEVEL OF 1959
SURVIYOR BENEFITS FOR LOCAL POLICE MEMBERS ONLY
City Manager Argyres stated that during the last negotiations with the Police Officers Association, an
increase was requested in the 1959 Survivors Benefit under the PERS retirement system from level 3
to level4. This benefit is collected wher the employee dies; since the Burlingame employees covered
by this retirement system are not covered by social security, this is away to provide survivors benefits
that are somewhat similar to social security. In order to do this, a Resolution of Intention and
Introduction of Ordinance needs to be acted on. The state requires that prior to doing this, an actuarial
evaluation be obtained and disclosed to the public the estimated future annual cost.
Councilwoman Janney made a motion to adopt the Resolution of Intent and introduced the ordinance,
seconded by Councilman Spinelli, motion carried unanimously by voice vote, 4-1-0 (Vice Mayor
Galligan absent).
8. CONSENT CALENDAR
il. APPROVAL OF A RECLASSIFICATION OF A SENIOR BUILDING INSPECTOR
POSITION TO A DEPUTY CHIEF BUILDING OF'FICIAL POSITION
DPW Bagdon recommended approval of reclassification of a senior building inspector position to
a Deputy Chief Building Official position.
DPW Bagdon recorlmended the City Council approve Resolution accepting the California/Grove
Area Storm Drain Improvements, Phase 1, by RGW Construction Company for $639,552.69.
C. RESOLUTION AWARDING BROADWAY SIGNAL INTERCONNECT AND U.S.
lol/ROLLINS ROAD SIGNAL PROJECTS
Burlingame City Council 235 October 16, 2000
b. RESOLUTION ACCEPTING STORM DRAIN IMPRO\TEMENTS. PHASE 1,
CALIFORNIA/GROVE AREA
DPW Bagdon recorlmended approval of Resolution 109 and Resolution 110 awarding a
construction contract to Mike Brown Electric and a Professional Services contract to Vali Cooper
d.
c
Finance Director recommended approval of Warrants72l87-72623 (excluding library check
numbers 72287-72334), duly audited, in the amount of $1,607,792.39, Payroll checks 130078-
131304 in the amount of $1,951,722.00, and EFT's in the amount of $403,051.65 for the month
of September, 2000.
e. CITY OF BURLINGAME EMERGENCY PLAN
Fire Chief Reilly recommended the City Council approve by Resolution the City of Burlingame
Emergency Plan as revised April2000.
Councilman Coffey made a motion to approve the consent calendar; seconded by Councilwoman
Janney, approved unanimously by voice vote, 4-0, with Vice Mayor Galligan absent.
9. COUNCIL COMMITTEE REPORTS
Councilwoman Janney attended and came in first place with Councilman Coffey in the 4th annual
Roosevelt School Chili Cook-Off. She attended a legislative breakfast, a dinner given by the San
Mateo County Commission on Disabilities, a SamTrans Board meeting and the North County Council
of Cities meeting. Councilman Spinelli attended the Airport Roundtable Committee. Councilman
Coffey stirred the chili for Councilwoman Janney at the Roosevelt School Chili Cook-Off, attended the
North County Council of Cities meeting and the Half Moon Bay Pumpkin Festival. Mayor O'Mahony
attended the BID meeting to review the Broadway Streetscape Plan, a C/CAG meeting, County
Investment Advisory Board Meeting, and won third place in the Roosevelt School Chili Cook-Off.
She stated this is a marvelous event, Roosevelt School is one of the shining joys of Burlingame
because it is full of wonderful parents that are so united in support of one thing - the education of their
children in a wonderfully wholesome environment.
10. OLD BUSINESS
There was no old business.
11. NEW BUSINESS
Mayor O'Mahony noted a complaint was received from the Burlingame High School golf coach
regarding speeding cars on Howard Avenue.
12. ACKNOWLEDGMENTS
.i, r .--
and Associates for the Broadway Signal Interconnect Project and USl0llRollins Road Signals
Project.
WARRANTS AND PAYROLL, SEPTEMBER, 2OOO
Commission Minutes: Planning, October 10,2000; Parks and Recreation Commission,
September 21,2000; Beautification, October 5, 2000
Department Reports: Building, September 2000; Finance, September 30, 2000
Letter from Darold Fredricks regarding condition of historic cast iron bells on El Camino Real
a.
b
October 16, 2000 236 Burlingame City Council
d. Approximately 31 letters from citizens supporting effbrts of Interfaith Hospitality Network
e. Letter from Michelle Privitera, Steve Nowakowski, and Janet Uliana opposing homeless shelter
13. ADJOURNMENT
Mayor O'Mahony
September 1lth.Cw*(Vnruwe
adjourned the meeting at8:42 in memory of Shirley Warden, who passed away on
Ann Musso
City Clerk
Burlingame City Council 237 October 16,2000