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HomeMy WebLinkAboutMin - CC - 1992.04.20364 BURIJINGIIdE, CIIJIFORIIIA April 20, 1992 CALL TO ORDER A duly noticed regular neeting of the Burlingane City Council washeld on the above date in the City HalI Council Chambers. Theneeting was calfed to order at 7:35 p.m. by Mayor Frank Pag]iaro. PLEDGE OF ALLEGT ANCE TO THE FLAG Mayor Pagliaro said this is Patriots Oay in Massachusetts the day when the first shot was fired in the Revolutionary War; the Lembifarnily was present and he asked Danielle Lernbi to lead pledge. ROLL CALL COUNCIL PRESENT:IIARRISON, KNIGHT, LM.,IBI , OIMAHONY, PAGLIARO NONECOUNCIL ABSENT: Mayor Pagliaro reviewed the history of the BID proposals by the Broadway and Burlingame merchants; he read the resul-ts of theprotest count which resulted in BID Zone B of the Broad\^/ay Areabeing eJ.iminated and BID Zones B and C of the Burl-ingame Avenue Area bej-ng eliminated. Counci1man Harrison said counciL was very impressed to see the merchants working to irnprove their business areas and so he was very surpri.sed by the results of the pro- tests. The city is considering raising the busj-ness license taxby $25 this year and $25 next yeari he had thought we rnight raisethe tax $50 at thj-s time and use some funds for the same purpose the merchants had proposed, but realized on second thought thatis not the purpose of a business license tax; council- received requests to continue and he would approve that. fn response toquestions, the City Attorney said council must exclude the sub- areas where the vote lras 51 percent or more against; for the remaining areas council- could not nake any great changes in theordinances. Councilwornan OrMahony was impressed with the team- work she observed, both for and against these proposals; she hoped they would continue the teamwork and join together to improve the area; she asked if property ohrners could contributeto this cause; City Attorney said yes; she approved of continuingthis issue and wondered about time; City Attorney said new busj-ness license billing goes out July l- and for billing purposes would need to knoh, BID areas before then; many people had asked how the Chamber of commerce was involved in this issue; she MINUTES The minutes of the Regular Meeting of April 6, L992 hTere changed on page 5 to show rrSenior Cornmissioner Terry was present. Councilhroman Knight vrould l-ike the senj-or comrnission to advisecounci] v/hether to continue the senj-or lunch program.'t Council- man Harrj-son noved approval, seconded by Councilwoman OtMahony,carried unanimously. PRESENTATION OF PROCLAMATION FOR SCHOOLYMPTCS Mayor Pagliaro asked Burlingarne Interrnediate School principat Robert Wefch to come forward; he was presented a proclamation bycouncil for the Schoolyrnpics, April 2L-29; Welch told about the upconinq events planned for students starting with a torch runtomorrowi the torch $/oul-d be lit at city hall and carried bystudents to al,l- the granmar schools until it reaches BIS, then would begin scholastic and athletic events. He introduced Jackie Lembi, president of the student body at BIS. Jackie presentedcouncil members with t-shirts conmemorating the event. UNFINISHED BUSINESS - BUSTNESS IMPROVEMENT DTSTRICTS - BROADWAY AREA BID AND BI,RLINGAII,IE AVENUE AREA BID 365 suggested the Chamber r^irite letter to papers. Councilwoman Knight said it looks like too many no votes to approve the BIDS; good to see all people here agTain and interested; they are the key pLayers, they will benef itr' now is tirne to make a decision. councilman Lembi hated to see aII this work dropped; hoped they could pul-L sornething together and continue dialogue; cannot hurtto continue this item. Mayor Pagliaro said he was distressed bythe negativisrn; he woul-d like to see the group come up with somepositive alternatives,' if he does not see some positive alterna- tives he s/ould vote for the BID with condition the Board \^/as notcontrolled by certain individuals and funds r^rere used for proper- Iy identified items; an alternative is to have council raise tax and council would decide where the money would go. Councilman Harrison moved to continue the Broadway BID zone A decision until June L, L992. Seconded by Councitwoman OrMahony,carried 4-1 on ro11 call, vote, Councilwoman Knight voting no. Councilman Harrison noved to accept the protests from Broadlray BID zone B. Seconded by Council-woman OrMahony, carried 5-0 onroII call- vote. CounciLnan Harrison moved to continue the Burlingame Avenue Area BID zone A until June L, L992. Seconded by councilman Lembi, carried 4-1 on roll" call vote, CouncifwomanKnight voting no. councilman Harrison moved to accept theprotests for Burlingame Avenue BID zones B and C. Seconded by councilrnan Lernbi, carrj,ed unanimously by roll caII vote. PRESENTATTON OF CLOCK PLAOUE F'ROI.{ EOS Councilman Harrison announced he and Councilv/oman OtMahony had attended a dinner given by Envirotech Operating Service honoringthe city on the 20th anniversary of joint operation of the waste$/ater treatment planti he presented a clock pLaque fron EOSto the I'Iayor. Mayor Pagliaro suggested it be hung at rear of the chamber so council, can see the time. PUBLIC HEARTNG AP P EAL F'OR N E TIVE DECLARATION. SPECIAL PERMIT AND PARKING VARfANCE FOR LIVE THEATER AT 247 CALIFORNIA DRIVE DENIED WTTHOUT PREJUDICE City Planner reviewed her memo of March 25 which recommended council- hold a public hearing and take action. The appeLlant, Harry De0rneLlas, is requesting a negative declaratj-on, specialpernit and parking variance to use a 4,993 square foot site for alive theater at 247 california. A mitigated negatj-ve declarationis required because of the potential traffic and parking irnpactof this use which will bring at least 162 people on Thursday,Friday and Sunday evenings and almost twice that number onSaturday. There is no on-site parking; a parking variance is requj.red for aI1 the parking generated at the site; the proposed theater use would require 108 parking spaces. The special usepermit is required because live theater use is not specificallypermitted but similar in character to other uses permitted in thezone. They plan to have 12 enployees and use the theater four evenings a weekl offices and ticket saLes would be open seven days a week fron 8:00 a.n. to 5:00 p.n. There would be 150 seats on the first floor and mezzanine. No prepared restaurant food would be served; drinks would be sold. They plan to sell- t-shirts, mugs and other souvenir itens on the mezzanine during shows; there wou]d al-so be offices and dressing rooms on themezzanine. The Planninq Comnission voted 5-0 to deny the request and the applicant appealed to council. Councilwoman Knight askedif there was an ordinance against having theaters in this area.Staff said theaters are allowed with a special permit. I"layor Pagliaro opened the public hearing. Joe Starr, resident and future ernployee of this site, said this would be a unique businessl he was familiar with a sirnilar business in another city which does very weII. Ed Ferrari, future manager, said this would be a mel-odrama/vaude-ville theater; it would be a positive addition to the area; they 366 would donate time and talent to city events and make facilitiesavailable to students, drama clubs and performing arts classes. Councilwoman O'Ilahony wondered where props would be built andnaterials stored for plays,. Ferrari siid- would be built insiclethe faciLity, be srna11 scale, nothing like the opera house sets. Harry Deornellas, applicant and owner, said they woul-d be anasset to the comrnunity i he knew parking was critical but parkingis not a probten in evenings; it would only be four evenings aweek, no day prograrns; the city recently installed a ner^, cross-walk and lights in the area; he believed peopl"e would walk to thesite,' rnerchants are enthusiastic about the project; he presentedthree letters in support from rnerchants at pasta Bravo, Califor-nia Bar & Gri11 and Glendale Federal Bank. Councilman Harrison asked about day time office operations;DeOrnellas said tickets would only be sold half hour before theshow, retail operations would be during show; mail and phoneorders would take place during office hoursi ernployees $rould parkfar asray. Mary Ann Titus, resident and business owner, said her 22 year o1dson traveLs to San Francisco to see sinilar shows; she would liketo see this approved so her son does not have to go so far; itwould be good thing for the young people in the city. Dr.Jeffrey Schuler, 1715 Ralston, was also in favor, he did notthink parking would be irnpacted in evenings. DeOrnellas spoke again, stating he would fike council to denythis project without prejudice so he could present a 30 percentreduction in project and secure parking from banks in area tonitigate parking concerns; he would like to go back to thePlanning Commiss j-on. Mayor Pagliaro closed the public hearing. Council members commented this project was a good idea andsornething needed in Burlingame, but not in this particular area; $/ondered if Deornellas considered looking for a site in Bayshorearea; Highland/ Cal ifornia area has heavy traffic, concern aboutaccidents; in this area peopl-e are not willing to walk far to anestablishment; were concerned enployees wiII not park far away;this is an enormous parking varj.ance, could not approve. Councilman Harrison noved to deny without prejudice as requested. Seconded by Councilwoman OrUahony, carried unanirnously. PUBLIC HEARING -APPEAL FOR SPECIAL PERMIT AND FIVE VARIANCES FOR EXISTING G GE AT 1400-1404 OAK GROVE DENTED City Planner reviewed her nemo of April 10 which reconmendedcouncil hofd a publ j.c hearing and take action. Robert Larratt and Philip Ossenberg, applicants and property owners, are re-questing five variances and one special pernit in order to retainan existing 537 square foot garage remodeled from a carport andgarage into a garage without a building permit. These changeswere brought to the attention of Ptanning by Building Departmentcode enforcenent. In 1988 the owners began repairs to an exist-ing carport located in front of an existing garage. Both provid- ed required parking but were substandard for then current parking dimensions; a building permit $/as not sought at the beginning ofthese 1988 repairs to these non-conforming structures,. in J-ate 1988 they obtained retroactive building perrnit and paid penal-ties. Apparently in the last four or five months, without abuilding permit, the applicant added a garage door to the carportand removed the garage door on the garage behind (the garage andcarport have a conmon roof) naking a single garage of 535 squarefeet and expanding the non-conforrning structure. The planning Cornmission voted 6-0 to deny the request, councj-Iwoman Knightasked about a discrepancy in a condition in the number of days to compfy with rulingr' staff said it should be 60 days, not 90 days, and the carport and qarage should be restored to the arrangement existing in 1988. llayor Pagliaro asked about fire wa11s and nearness to property lines; Fire chief said those wa1ls are one hour lralf s. Mayor Pagliaro opened the public hearing. Robert and Molly Larratt, applicants, said about six rnonths ago they took off the garage door and added a new doorl the reason was for security of their vehicles; there is a large apartment house across the street and lots of foot traffic, the garage is not visible from the housel there were concerned children rnightplay in the carport; parking remains the same as before. They confirmed they were the owners in 1988, they were unaware of need for permit; the other property owner does not live on site. The owner of 1407 oak Grove, rrJas concerned about more street parking if this is denied. councilwoman Knight asked the amount of financial penalty required for buildinq such a project without a pernit. Mayor Pagliaro closed the public hearing. council-woman orMahony moved to uphold the Planning Cornmissionincluding condition two of staff report that the project be restored to 1988 condition within 60 days. Seconded by council-- man Harrison. Councilwoman Knight said this decision was diffi-cult because j-t was so nice to see people who s/anted to use theirgarage. The rnotion carried unanimously by ro11 cal-1 vote. L C HEARING - REVIEW OF SPECIAL PERMIT FOR A OMA 7MACHTNE AT 9 5 ROLLINS ROAD - DENIED City Plannerrs memo of April 13 recommended counciL hold a public hearing and take action. Allied Interstate, applicant and ThomasTing, representing the property owners, are requesting a speciatpermit amendment to place an ATIiI rnachine at 975 RoIIins insidethe 7-E1even Store, The cash only machine will be located at therear inside the store; it will be avaitable 24 hours a day; itwilL be instal-Ied and serviced by an independent company. The Planning Commission approved this request. There rrrere throletters received in opposition from neighbors. Mayor Pagliaro opened the public hearing. A representative of Southl-and, owners of 7-Eleven, and Steven chow, representing the 1ocal store, said the purpose of this machj,ne is to serve customers; Southland has ATMs in far worse neighborhoods with no problems; it would be very safe beinginside the store with other people present; store hj-res a handi- capped person to clean parking 1ot every day after school so hecould pick up trash for neighbors who notify the store and it would not be a probl-en; the store will not make money off the ATM machine, it is to provide additional customer service on1y. Councilman Lembi asked about these machines are in other stores;they replied it is a new progran but they have machines in MenloPark and Redwood City now and they are working out well; they donot add to traffic or parking as regul,ar customers use them. Mayor Pagliaro closed the public hearing. Counci,lman Lenbi had talked to Norm Bertuchcant, regarding this project; he originally would be located outdoors but being located problem approvinq it; he asked Police Chiefor location r^rith other people present woul-d in san Di-ego, appli- thought the machineinside he had no who confirmed interi-be safer than the 367 councilman Lembi asked if the 1988 work brought the project up to codei staff responded yes,' with the buil-dingr history of this site were reluctant to a11ow; donrt understand why would do il1egal1y again after being caught in 1988. 368 outdoor locations at many banks; suggested reviev/ ofin six months rather than one year.appl ication SIDEI{ALK, CT]RB GUTTER REPAIRS - ASSESSMENT PROTEST HEARING Other council members had concern about the machine being locatedinside the store which coul-d be a danger to other custorners; hadvision of robber sitting outside store r.ratching a person using ATM and then robbing that person; site has history of robberies. Councilman Harrison noved to deny this application based onconcerns stated. Seconded by Councilwoman Orlitahony. CouncilmanLenbi said though he coul-d support this request, he will votewith rnajority. The rnotion carried 5-O on ro11 caII vote. RESOLT]ITION 34-92 IXING ASSESSMENTS Public Works rnemo of April 1 recommended council hold hearings and then adopt or modify the resolution fixing assessments. The City Engineer has sent certified letters to those property olrners requiring repairs, has contracted for removal and replace-ment of hazardous sidewalk, curb and gutter and given the CityClerk the Assessment Report; cornrnercial or rnultiple residentialproperties were bi11ed for sidewalk, curb and gutter repaj,rs. Anotice was sent to each owner or agent informing them of thishearing. The total do11ar amount of assessments is 94,15S. Mayor Pagliaro opened the public hearing. There being no pro-tests, the hearing was closed. CounciLnan Lenbi moved adoption of RESOLUTION 34-92. Seconded by Councilwoman Knight, carried unanimously by voice vote. LAGUNA TENNIS COURTS Council reviewed City Managerrs memo of April 9 which recomrnendedcouncil approve an additional transfer of $18,ooo from capital irnprovenent for repair of the Laguna tennis courts; an alterna-tive is to se1I the site and construct new courts at VillagePark. In Decenber, the recreation department closed the Lagunacourts due to their hazardous condition. fn February councilauthorized $16,000 for repair and resurfacing, but now the courtsurface is decomposinq and additional work and funding is re-quired. The Recreation Director has suqgested selling the site and noving courts to Village Park. A memo from the Park andRecreation cornmissj-on offers for the comrnission to hold hearingsregarding use of the site. Counci.Lman Lernbi said the courts have been there forever, he vroul-d not like to see moved to Village Park because that park isheavily used and it would take needed space there. Councilwoman o'Mahony asked about possibility of getting grants for repairs. Councilwoman Knight !'rou1d not favor selling the site; once soldit is gone forever; she favored giving the comrnj-ssion an opportu-nity to hold hearings. Councilman Harrison also objected toselling the site. Mayor Pagliaro wondered if we coul-d conclude any decision and come up with financial alternatives by tine of adoption of the nes, budget; he did not favor sell.ing the site. Council referred the rnatter to Park and Recreation for commentwith the direction that the property should not be sold. CONSENT CALENDAR Regarding (b) councll-wonan Knight asked about the well that was destroyed during expansion of the treatment plant; staff ex-plained the well- was sched.uled for destruction at a later date. Regarding (e) counci1woman Knight asked about contract language; she would vote agaj-nst this because she voted against acquiringthe property i the itern was removed from the calendar. a RESOLUTION 35-92 - SCHEDUI.,ING PUBLTC IIEARING FOR WEED AND RUBBISH ABA cP 9208 Public Works memo of Aprit 14 reconmended council set apublic hearing for Uay ]-8, t992 for the 1992 Weed and Rub-bish Abaternent Program on public and private property. b RESOLUTT oN 36-92 - APPROVTN G AGREEMENT FOR SO LTD WASTE ASSESSMENT TEST FOR LANDFILL Public Works memo of April 15 recommended council approve anagreement amendment with Harding Lae/son Associates in the amount of $24,130 (above the original agreement anount of $224,45O) to replace more monitoring weIls with deeper we1Is. WARRANTS AND PAYROLL Finance Director recommended palanent for checks 20090-20669,duly audited, in the amount of $3,3AL,233.20 and payroll checks 45201-45938 for the month of March 1992 in the amountof $1,230, 160.13. d. SPECIAL EVENT PLTCATION, BROADWAY STREET FAfR, SATURDAY AND S UNDAY. AUGUST 1-2. L992 city Managerts memo of April 10 recommended councj.l, approvethe request from the Broadway merchants subject to usualconditions . Councj-lnan Harrison rnoved approval of the Consenta-d. seconded by councilwoman orlilahony, carriedvoice vote. Cal-endar, items unanirnously by REMOVED CO NSENT TTEM T oeRESOLUT 37-92 - AUTHORTZT NG AGREEMENT FOR MANA GEMENT OF 113 3 CHULA VISTA City Attorneyrs nemo of April l-5 recommended council approvean agreement with David Behling of Behling and Associates to manage the property which recently closed escrow. Councilman Harrison rnoved approval of RESOLUTION 37-92. Secondedby Councilwoman O'I{ahony, carried 4-1, on voice vote, Council-womanKnight voting no. COI]NCIL TTEE REPORTS Legislative Committee: Councih{oman Knight reported on a discus-sion of Kopprs Brown Act bill and legislation to al-Ioe/ satellitewagering for race tracks. Shinnyo-En: councilman Harrison toldabout the celebration of Shinnyo-Enrs anniversary held at a localschool. He r^ii11 attend the TSlt workshop tomorrow. C/CAG: I{ayorPagLiaro reported on federal legislation requiring runoff perrnitsfor creeksl received report on recycling. a-92 DEED VIS City Attorney presented the grant deed for council acceptance,council approved purchase of this property at its last meet j-ng. Councilman Harrison moved adoption of RESOLUTION 38-92. Secondedby council-woman orlylahony, carried 4-1 on voice vote, CouncilwornanKnight voting no. NEW BUSINESS Draft EIR for Bart at Airport: Councilwoman OrMahony acknovrl- edged the memo from City Planner analyzing the DEfR. Councildiscussed briefly. Treasurerrs Report: Councilwornan OrMahonyhad a question regarding tlro specific investments. Mirasnikoff 369 c. 370 letter: Councilwoman Knight asked the Traffic Comnission toinvestigate the concern of Mrs Mirasnikoff regarding lighting andpedestrian safety on Burlingane Avenue at the Recreation center. Connunity Dinner: Councilman Harrison said attendance has beendininishing at this event and the Chamber is considering sone-thing different to attract nore citizens; picnic event wasdiscussed. Sidewalk Cornplaint: Councilhronan Otllahony reported a complaint about sidewalk on Adeline at Vancouver; staff witlinvestigate. SCHEDULE APPEAL HEARING Mayor Pagliaro set appeal hearing for Iilay 18 for 2327 Hal'e Drj.ve;staff noted there would not be a fuII council and l"layor directedthey be given choice of May 18 or June 1. Resident at 7245 Paloma was concerned about the cityrs proposed removal of a tree in front of his horne, the tree is not dying andis the only large tree on the b1ock. He asked removal of thetree be delayed until- other trees mature. City Manager informedcouncil the Park Director views this tree as a hazard. Council- woman OrMahony noted our Park Director j-s very protective oftrees and if he says this tree nust go it rnust rea1ly be ahazard. Staff will prepare a written report for next meeting. Alan Horn, 1325 Paloma, asked about council tel-evising meeting. Mayor PagLiaro said council had decided it would not televiseneetings; revier^red problerns observed in other cities that tele-vise rneetings. Horn also asked that council support Measure A as requested in letter from common Agenda; council has determinednot to take positions on matters not related to the city. Councilwoman Knight said she had also asked council- to teLevise rneetings, wondered hoe/ much it would cost; regarding Measure A,council has historicalLy not taken position on State or national issues . Dave Dornlas, business owner, said he resides in San Bruno andthey televise counci.l meetings and it works we11,- he encouragedthe city to televise. Regarding the BID, he was disappointedthat council has continued the matter and that some council members f e1t comments were negative r. he said rrrhen they were re-quired to protest the issue and a protest must necessarily benegativer' the forrnation committee held secret neetings theneventually opened the neetings. city Attorney reminded councilit shou]d not take more testimony on the BID. Uary Ann Titus, business owner, also took issue with the remarksabout negativisrn; opponents to BID only had 10 days to take posi- ACKNOWLEDGEMENTS a. Conmission Minutes: Planning, April 13i Beautification,April 2; civil Service, March 10, 1992. b. Department Reports: Treasurer, March 31, 1992; Police,llarch 1992,' Fire, March 1992. c. Proclamations: EIks Youth Week, May 1-8; Cl-ean Air Week, May 2-8; Older Anericans Month, It1ay; Toastmasters Week,April 20-26,. Father t{ahoney Day, May z, ]-992. d. Letter from Common Agenda requesting support of County I,leasure A. e. Letter from Ruth cardner regarding addition on Capistrano. f. I{emo regarding flushing of water rnains. Councilman Lernbi said it was a sharne to waste this water, won- dered if it could be used some way. FROM THE FLOOR 371 tions, Mayor Pagliaro said, as he had earlier, that personally he would vote for the BfD unless they came up with some construc-tive, positive alternatives to the BID. David Hinckle, L6L6 Sanchez, would like to talk to those opposed,give them facts. Charles Rothenbuecher, business olrner, thankedcouncil for continuing the matter, hoped they could mend the fences. Mayor Pagliaro said it was not up to council to give direction tothese groups. Councilman Lembi said he did not think it fair tohear this testimony. Eli Needle, 3133 Frontera, wanted to discuss the establishment ofa Pan card qrame room in city for seniors; would like council toconsider a site on Bayshore. Mayor said council had received hisletters and considered the matter, council does not want toestablish such a business. Tom Bowen, 956 Laguna, told council the Burlingame Avenue firesite partition wall has exposed studs which precludes painting murals on the waII. Council noted the difficulty of contactingthe owners of this property; they will make a reguest of theproperty owners representative to place a flat surface on waII. ADJOURNMENT The rneeting was regularly adjourned at t-O:44 p.m. Judith A. MalfattCity Clerk