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HomeMy WebLinkAboutMin - CC - 2000.12.04BURLINGAME, CALIFORNIA December 412000 1. REGULAR MEETING CALLED TO ORDER A special 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 Joe Galligan. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Finance Director Rahn Becker 3. ROLL CALL COI-INCIL PRESENT COTINCIL ABSENT: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NONE Councilman Coffey stated a correction to the minutes, item#6, Mayor Galligan nominated Councilman Spinelli for Vice Mayor; seconded by Councilman Coffey. Councilwoman O'Mahony made a motion to approve the amended minutes; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS a. RENEWAL OF AMUSEMENT PERMIT FOR FANNY & ALEXANDER RESTAURANT 1108 BURLINGAME AVENUE AND 303.305 CALIFORNIA DRIVE CA Anderson noted the amusement permit for this establishment was initially issued approximately one year ago. Fanny and Alexander have been in the process of setting up their establishment since that time. The permit was last amended in October to accommodate the expanded space on California Drive. He recommended renewing the amusement permit for an additional six months. At that time they will be on the annual renewal cycle. Mayor Galligan opened the public hearing. Jeffrey Weinberg, General Manager of Fanny and Alexander, came forward to answer any questions of staff or council. There were no comments, and the hearing was closed. Councilwoman Janney made a motion to approve the renewal of the amusement permit for Fanny & Alexander Restaurant, I108 Burlingame Avenue and 308-310 Califomia Drive; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. b. RE,NEWAI, OF AMUSEMENT PERMIT FOR THE ALIBI CLUB,22O LORTON Burlingame City Council l! 255 December 4,2000 -1 4. MINUTES AVENUE CA Anderson notedthat this establishment had some problems earlier this year; the Burlingame Police Department was concerned about the problems and has been working directly with the owners. It seems to have improved but there are still concerns about the number of fights occurring at the club. CA Anderson recommended the amusement permit be renewed for six months until June 2001. Vice Mayor Spinelli noted he is concerned about renewing the amusement permit because of the fights and this concern should be relayed to the owners. Mayor Galligan opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony made a motion to approve the renewal of the amusement permit for the Alibi Club,220 Lorton Avenue; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. c. APPEAL OF PLANNING COMMISSION DETERMINATION ON THE USE OF THE EXISTING BASEMENT AREA AT 340-348 LORTON SUBAREA B.BURLINGAME City Planner Monroe noted that the applicant requested this appeal be heard at the December 18, 2000, Council Meeting. Councilwoman O'Mahony made a motion to continue the appeal of the Planning Commissions determination on the use of the existing basement area at340-348 Lorton, Subarea B, Burlingame Avenue Commercial Area to December 18, 2000; seconded by Councilwoman Janney, unanimously approved by voice vote, 5-0. d. APPEAL HEARING ON COUNCIL DENIAL WITHOUT PREJUDICE FOR APPLICATION FOR DESIGN REVIEW FOR TWO STORY HOUSE, 112 BAYSWATER, ZONED B:1 CP Monroe stated the applicant, Robert Cunningham, is requesting a design review to build a new two- story, three bedroom single family house with a one car detached garage at ll2 Bayswater Avenue, Zoned R-l. When th'is project was initially appealed to the Council, it had a front setback variance as well as design review. In the interim, the applicant submitted plans in which the house was moved back two feet. The applicant was concerned that moving the house back may affect access to the garage. The City Engineer has determined that moving the house back two feet would have no affect in terms of access. The Planning Commission denied the request for the front setback variance as they felt there were elements incorporated in the design that would make it stand out in the neighborhood. Suggested large plant material is added at the rear of the property to soften the appearance and size of the structure. At the September 28th appeal hearing, Council denied the variance and denied without prejudice the action on the design review. The public hearing should be based on the plans dated October 3l and November 20,2000. Mayor Galligan opened the public hearing. The applicant and owner, Robert Cunningham, was available to answer any questions for Council. Mr. Cunningham did not feel it would be a problem to add large plant material to the rear of the property as suggested by the Planning Commission. This could be made a condition and would be reviewed and approved by the City Arborist. There were no comments and the hqaring was closed. December 4,2000 256 Burlingame City Council AVENUE COMMERCIAL AREA il. Councilman Coffey made a motion to approve this project to include the five conditions listed in the staff report with the additional condition to add large scale vegetation at the rear of the property to screen the house and that this landscape plan shall be approved by the City Arborist; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. 6. PUBLIC COMMENTS Chantell Paige, ll2 Cerfiral Avenue, spoke in favor of the Interfaith Hospitality Network and the need for community support for the homeless. Joan Gubler, 1408 Cortez Avenue, requested the Council hear the issue regarding stop signs on Adeline and Cortez at the Council Meeting of January 2,2001. 7. STAFF REPORTS & COMMUNICATIONS RE,CONSIDERATION OF ORDINANCE # 1243 TO INSTALL TWO STOP SIGNS ON ADELINE DRIVE AND CORTEZ AVENUE Director of Public Works Bagdon stated this is an item Council requested be brought back for the possibitity of reconsidering the installation of two stop signs at Adeline Drive andCortezAvenue. In his staff report, DPW Bagdon explains the position of the Traffic, Safety and Parking Commission as well as staff. The Traffic, Safety, and Parking Commission has recommended the placement of stop signs at this location'iince pedestrians use the opening in the fence at the end of Cortez which allows them access Ray Park. From a traffic-engineering standpoint, staff finds no warrants for stop signs either based on the volume of vehicular traffrc or the number of pedestrian/vehicle accidents at this location. In addition, staff has expressed the concern that drivers may not take the stop signs seriously because they are located so closely together; worried pedestrians in the cross walk may have a false sense of security that vehicles will stop. At the last Council meeting where this issue was discussed, the police department indicated they had done extensive enforcement in this specific area and found there were numerous-rolling stops being made at the stop signs at Balboa and Cabrillo. Feel a third set of stop signs would make it worse. An alternative would be to install more speed limit signage along with signage indicating there is a school in the area and increased police enforcement. Council questions: DPW Bagdon explained that the ordinance to install these stop signs is in effect right now; when Council indicated that this ordinance might be reconsidered, staff did not install the signs pending Council's decision. CA Anderson stated that in order to change the ordinance, Council would have to introduce and adopt another ordinance that would repeal the action taken in October. Mayor Galligan asked if there is a formal process to notify the neighbors of a public hearing regarding the installation of the stop signs. He felt all the neighbors were not aware of the request to install the stop signs. CA Anderson noted there is no established noticing process and explained that for this particular stop sign, Council could direct staff to give more notice if they decide to reconsider the ordinance. Mayor Galligan requested City Clerk Musso introduced the proposed ordinance to Reconsider Ordinance #1243 to install two stop signs on Adeline Drive and Cortez Avenue. Vice Mayor Spinelli made a motion to wdive further reading of the proposed ordinance; seconded by Councilwoman O'Mahony, motion approved unanimously by voice vote, 5-0. Vice Mayor Spinelli moved to introduce the proposed ordinance; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Burlingame City Council 257 December 4,2000 i:J Mayor Galligan directed the City Clerk to publish a summary of the proposed ordinance at least five days before its proposed adoption. b.REPORT FROM CITIZEN'S COMMITTEE TO REVIEW PROPOSED COMMERCIAL DESIGN REVIEW REGULATIONS CP Monroe summarized in August Council appointed a committee of local business people, commercial property owners, leasing agents and residents to review the Planning Commission proposed commercial design review regulations and design guidelines. Ross Bruce, the Chairman for the Committee, was available to present their recommendations. Mr. Bruce noted after much discussion, the committee has found that Burlingame needs commercial design review with the following stipulations: all new construction should be subjected to commercial design review because of the impact on the community, also any and all remodeling that entails 50Yo or more of a fagade of a building, or 50 feet or more of a building frontage. Awnings and paint color should not be considered for design review. Suggest commercial design review be integrated into the building permit process so it does not slow down a project, by having two contract commercial design reviewers employed by the City to execute the process; there should be a sunset clause in the ordinance so after 24 months the City can review commercial design review; all the members of the committee have expressed a desire to participate in the actual drafting of the ordinance should the Council decide to go forward with this concept, and he suggested members of the Planning Commission also be involved with the committee. Council Comments.' Councilwoman O'Mahony felt the guidelines were appropriate and liked the idea of reevaluating the p/ggram after 24 months; supported the guidelines and thanked the committee for their hard work. Councilman Spinelli noted that the committee should review both ordinance and guideline booklet. He then suggested a committee be formed made up of the present committee, three Planning Commissioners selected by the Planning Commission Chairman and Councilman Coffey. Mayor Galligan noted that this was a good start; thought the proposed diversity of the committee was good and thanked them for their continuing efforts. INTRODUCE ORDINANCE REGARDING RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS ACM Becker noted this Ordinance is another in a series of recommendations related to Integrated Waste Management Act (AB 939); the County reached 46oh diversion rate. The most significant remaining recyclable waste is construction and demolition debris representing approximately l4o/o of debris going into the landfill" The Ordinance wasreviewed with the Building, Planning, and Public Works Departments as well as the City Attorney. Mayor Galligan reqribsted City Clerk Musso to introduce the proposed ordinance regarding recycling of construction and demolition debris. Councilman Coffey made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Janney, motion approved unanimously by voice vote, 5-0. Councilwoman Janney moved to introduce the proposed ordinance; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Mayor Galligan directed the City Clerk to publish a summary of the proposed ordinance at least five days before its proposed adoption. d. INTRODUCE ORDINANCE ON UTILITY DEPOSIT REQUIREMENTS c. December 4,2000 256 Burlingame City Council ACM Becker stated the $25.00 utility deposit that is required costs more to administer the collection and maintenance of the deposit. The billing/collections supervisor has come up with a better methodology that would apply to residents who don't pay their water bill. Mayor Galligan requested City Clerk Musso to introduce the proposed ordinance regarding recycling of construction and demolition debris. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Janney, motion approved unanimously by voice vote, 5-0. Councilwoman Janney moved to introduce the proposed ordinance; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0. Mayor Galligan directed the City Clerk to publish a sunmary of the proposed ordinance at least five days before its proposed adoption" e. CITY COUNCIL CALENDAR AND ASSIGNMENTS FOR 2OO1 Council reviewed the proposed City Council Calendar and Assignments for 2001 and made appropriate changes. Councilwoman O'Mahony made a motion to approve the revised Council Calendar for 2001; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Mayor Galligan stated he would like to have himself as well as Councilman Coffey be on the Chamber of Commerce Committee and will revise who will handle which department for budget review. f. COMMISSIONER ITEMS: APPOINTMENT TRAFFIC SAFETY PARIilNG COMMISSIONERS; SCHEDULE INTERVIEW FOR CIYI SERVICE COMMISSIONER Councilman Coffey stated the three candidates interviewed were all excellent candidates. Have discussed at recent Council meetings the possibility of reducing the number of seats on the commissions" Both he and Councilwoman O'Mahony spoke to the members of the TSP Commission and supported the idea of reducing the number of commissioners from seven to five. Both Councilman Coffey and Councilwoman O'Mahony agreed with the reduction in the number of commissioners. Council Comments.' Vice Mayor Spinelli felt reducing the number of seats would increase the efficiency of the group. CA Anderson stated an Ordinance would be introduced at the next Council meeting reducing the membership to five seats as directed by the Council. Mayor Galligan noted there is one opening on the Civil Service Commission. Two applications were received for this position; Mayor Galligan and Vice Mayor Spinelli volunteered to be the interview team. g. COUNTY REQUEST FOR FUNDING CONSTRUCTION OF NEW SHELTER IN sourH sAN FRANCISCO ($10,000 - $30,000) rl tsurlingame City Council 259 December 4,2000 City Manager Nantell stated that San Mateo County and a number of the cities within the county have been working to try to find an ongoing site for a homeiess shelter for single adults. A location was identified in South San Francisco; because of environmental concerns that identified with review of that site, the cost for establishing the shelter atthat location was $850,000 above what was anticipated. The County of San Mateo is requesting that cities assist the county to make up the deficit. The additional funding would come from the unreserved fund balance. The County is requesting a contribution in the range of $10,000 to $30,000. Council Comments: Councilwoman O'Mahony noted that several of the cities that have contributed are cities that have community development block grant funding which was used for this project. This source of funding is not available to the City of Burlingame. Agreed $15,000 would be an appropriate amount to donate to the fund. Councilman Coffey would like to see the City donate the maximum amount of $30,000 because stated he feels this program is very important to the County. Councilwoman Janney also supported the $30,000; Vice Mayor Spinelli was reluctant to contribute $30,000. Mayor Galligan asked CP Monroe if the $30,000 donation helped with the housing element for Burlingame. She noted that when the 1994 Housing Element was prepared, one of the questions was what does the City do for low-income households. The yearly contribution made by the City to the shelter program is considered in this program. Mayor Galligan was also supportive of the $30,000 recommended donation. Councilman Coffey made a motion that the City of Burlingame support the request for funding for the new shelter for homeless individuals in South San Francisco in the amount of $30,000; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. h. REGULAR MEETING OF DECEMBER 18,2OOO There will be a regular Council Meeting held on December 18, 2000. 8" CONSENT CALENDAR ^. RESOLUTION AUTHORIZING BURLINGAME PUBLIC LIBRARY TO JOIN THE GOLDEN GATE LIBRARY NETWORK City Librarian Escoffier recommended that the City Council adopt a resolution in support of the Burlingame Public Library joining the Golden Gate Library Network, as part of the Library of Califomia. b. APPROVE ROTATION LIST FOR OFFICE OF MAYOR AND VICE MAYOR CA Anderson recommending approving the rotation list for Mayor and Vice Mayor for the coming year. c. FEES INCREASE FOR TOW COMPANIES Chief of Police Missel recommended increasing the tow fees for D&M and Tresser's Towing Company for removal of abandoned and/or disabled vehicles from the streets and other public areas of Burlingame. d. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN FENCE AT THE BACK OF THE SrpEW4pK AT 1s60 BARROILHET AVENUE l, DPW Bagdon recommended that Council approve the Special Encroachment Permit for a wooden fence in accordance with the drawings, permits and conditions. December 4,2000 260 Burlingame City Council e.SPECIAL ENCROACHMENT PERMIT FOR A SECURITY GATE AND FLOWER RACKS AT I31O BROADWAY DPW Bagdon recommended that Council approve the Special Encroachment Permit for a security gate and flower racks in accordance with the drawings and pictures submitted, with conditions. f. REJECT CLAIMS OF ALICE M. ALAPAI. BURLINGAME AOUATIC CLUB, AND WALT CANNON CA Anderson recommended rejecting claims filed by Alice M. Alapai, Burlingame Aquatic Club, and Walt Cannon for alleged breach of contract. o REJECT APPLICATION FOR RELIEF FROM CLAIM FILING REOUIREMENTS OF NADA JOKSIMOVICH CA Anderson recommended rejecting application for relief from claim filing requirements for Nada Joksimovich for personal injury on October 25,1999. h. AMENDED TENTATIVE CONDOMINIUM MAP FOR A PROPOSED 6 UNIT CONDOMINIUM, PORTION OF LOT 13,BLOCK 8, MAP OF BURLINGAME LAND CO., NO. 2,535 ALMER ROAD DPW Bagdon recommended that Council approve the amended tentative condominium map with conditions. i. WARRANTS AND PAYROLL, OCTOBER,2OOO Finance Director recommended approval of Warrants72624-73004 (excluding library checks 72754- 72799 and73263-73304), duly audited, in the amount of $2,691,902.51; payroll checks 131305- 132148 in the amount of $1,365,958.26; and EFT's in the amount of $168,175.50 for the month of October,2000. Councilwoman Janney made a motion to approve the consent calendar; seconded by Councilman Coffey; the motion tilas approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS Vice Mayor Spinelli attended the grand opening of the new hrternational Terminal at SFO and Airport Roundtable Committee meeting. Councilwoman Janney also toured the new International Terminal and shops at SFO, labor lunch, Ted Lempert's Farewell dinner, Chamber's "Commerce and Coffee", CMAC meeting, Japanese American Library Fund Dinner. Councilwoman O'Mahony attended the labor lunch and the grand opening of the new International Terminal at SFO. Councilman Coffey attended the grand opening of the new International Termirral at SFO, the labor lunch and Chamber's "Commerce and Coffee". Mayor Galligan attended the Chamber's "Commerce and Coffee", Library Foundation event, Roger Grossman's debunking, school districts parcel tax steering committee meeting, Ted Lempert's farewell dinner, an event at Mercy High School to raise funds for an oak tree that fell down. Burlingame City Council 261 December 4,2000 10. OLD BUSINESS Councilwoman O'Mahony noted a question was raised about the Airport MOU earlier in the meeting; she commented that Council had until January, 1995 to sign the MOU, which was not signed. 11. NEW BUSINESS An appeal hearing for 1360 Broadway was scheduled to be heard at the Council Meeting on December 19,2000. Councilwoman O'Mahony noted that Mayor Galligan will be assuming duties of Budget Chairman for 2001. 12. ACKNOWLEDGEMENTS a.Commission Minutes: Library Board, October 17,2000; Traffic Safety and Parking, November 8, 2000; Senior, November 16,2000; and Planning, November 27,2000 b. Monthly Reports: Treasurer, October 31,2000; Building, October 2000 Letter from Mayor O'Mahony to California ISO regarding electricity rate increases and response from California ISO and Senator Jackie Speier Letter from Lion's Club regarding proposed new recreational facility in response from Parks & Recreation Director John Williams Council returned to closed session at8,25 p.m. and returned to open session at 8:40 p.m CA Anderson noted Council met in closed session with Dennis Argyres and Jim Nantell to discuss labor negotiations with the AFSCME bargaining units, particularly regarding medical benefits. Council directed Mr. Argyres and Mr. Nantell with regard to those discussions. 14. ADJOURNMENT Mayor Galligan adjourned the meeting at 8:41 p.m. Ann T. Musso City Clerk c. d. a. December 4,2000 262 Burlingame City Council 13. CLOSED SESSION