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HomeMy WebLinkAboutMin - CC - 1992.09.214 42 BI'RI,INGA}TE, CALIFORNIA Septenber 2L, L992 CALL TO ORDER A duly noticed regular neeting of the Burlj.ngane City Council washeld on the above date in the City HaIl Council Chambers. The rneeting was caf l-ed to order at 7:30 p.m. by Mayor Frank PagLiaro. Pledge was led by Maureen Byrne, resj.dent. ROLL CALL COTNCIL PRESENT: HARRISON, KNIGIiT, LEMBI, OTMAHONY, PAGL,IARO COUNCIL ABSENT: NONE MTNUTES The rninutes of the Regular Meeting of September 9, 1992 unanimously approved on motion of Councilman Harrison, by councilwoman OrMahony, after adding a word on page 7 were seconded PUBLIC HEARTNG - APPEAL FOR SIGN EXCEPTTON AT 1049 BROADWAY DENIED WITHOUT PREJUDICE City Planner reviewed her memo of Septenber 15 v/hich recommended council- hol-d a public hearing and take action. The appellant,Kevin Johnson, representing Monney Car Audio, is requesting asign exception for number of signs and square footage of signs onboth frontages of the business at 1049 Broadway, zoned C-2. Heis requesting six signs (three perrnitted) and 257 square feet ofsignage (109 al-losied) on the primary frontage, carol-an Avenue.fn addition, he is requesting four signs (three perrnitted) and 1,22 square feet of signage (50 allowed) on the secondary front-age, Broadrr/ay. A11 preexisting signs would be rernoved. In 1,988the city granted a sign exception to this parceL and the adjacent one to the southi both were being used by one business. This L988 pernit was for three signs for a total of 288 square feettotal on the Carolan frontage and three signs of 27o square feettotal on the Broadr^ray frontage. At the Planning Commissionneeting the applicant asked to retain the pole sign on the site;the pol"e sign was not included in the application and rrlas notnoticed, so action could not include the pole sign. The Planning Commission voted to deny the request at its meeting of August 24,1992. In response to a council question, City Planner explainedthe signage requested for the Broadway frontage. Mayor Pagliaro opened the public hearing. Leo Monney, business orrrner, explained Kevin Johnson could not bepresent tonight; he offered to answer any council questions; saidhe has been in business since 1983, has Lwo stores in San Bruno, one j-n Colma and this new store in Burlingarne. Council expressed concerns about duplications on signage, confusing with so rnanysigns, canrt teLf what the business does; Monney said he neededthe signs for visj-bility, especially on Broadrday side, needed allthe manufacturerrs brand names for identification; council- said once a customer was inside the business they could find out the manufacturer names. Mayor PagLiaro closed the public hearj-ng. Councile/oman Knight said council cannot redesign these signs butthe applicant should develop plan to reduce the signs to make itless confusing, she did not see any exceptional cj,rcurnstances togrant a sign exception,' she noved to deny without prejudice withdirection to come back to council within 30 days with reduced signage that was less busy and less confusj-ng. Councilman Lembi seconded the motion and said the signage is too cluttered and PLEDGE OF ALLEGIANCE TO THE FLAG 4 43busy, applicant should make signage more simplified.carrj,ed unanimously 5-o on ro11 caII vote. The rnotion CONTTNUE APPEAL FOR PARKTNG VARIANCES FOR A NEW S TRU E AT 7O1 CALTFORN rA DRIVE Mayor Pagliaro continued request of the appellant uance for this proj ect. this appeal until october l-9 at the and noted this would be the last contin- PUBLIC ING CONTTNUED REVT FOR NEGATIVE DEC TION, USE ERMI ANCE FOR 47 CAL DENI ED City Planner reviewed her rnemo of August 31 which reconmendedcouncil hold a public hearing and take action. Harry DeOrnellas,applicant, is requesting a negative declaration and use permit and a 74 space parking variance in order to convert a 4,999square foot retai1 space lrith a nezzanine to a live cornedytheater at 247 California, zoned C-1 Burlingame Avenue ComrnercialArea, Sub Area B. The proposal is for a 99 seat live theater,open four nights a week Thursday through Sunday with performances between 7:00 p.m. and nidnight. on Saturday there would be twoperformances, with all other nights single performances. Thebuilding is built 1ot line to lot tine with no on-sj.te parking;the previous use was retail sa1es. The 99 seat theater wouldgenerate a 74 space parking dernand (1.5 persons per car). Theapplicant proposed to provide 50 parking spaces in the BurlinganeHigh School parking lot hrith a shuttle service before and aftereach show. The Planning connissionrs actj-on of August 10 grant-ing the request hras based on this high school parking,. si.nce thenthe Superintendent of the School District has notified the cityand DeOrnellas that parking would not be available at BurlingameHigh School. In response to council, she said the planning Cornrnissj-onrs consideration incl-uded the assumption that thisproject aLso would make use of public parking Lots in the area. Two letters were received after preparation of the staff reportfrom SamTrans regarding use of the Caltrain parking lots. Mayor Pagliaro opened the public hearing. Harry DeOrnellas, applicant, said the School District Superinten-dentrs concern about use of the school lot was possible conflictswith school activities; he was stitl negotiating with the schootdistrict and in addition he was negotiating r^/ith SamTrans for useof the Caltrain parking lots but would not kno$i for severalweeks. I"Iayor asked if the applicant would be paying for use ofthe private lots; he also wondered about hours of operation onSunday. Applicant affirrned that beer and vrine rr/oul,d be served atthe site. Joseph Vi11a, consultant for the project, said he was a fornerBurlingarne resident; they would forgo serving liquor every other Sunday so rninors coul-d attend; asked council to consider theconnunity service aspect of the business allowing uses of setsfor high school drama students, both Burlingame and San MateoHigh Schools could participatel he saw two concerns regarding theproject, parking and Location. Regarding parking, they are goingbefore the school board for permission to use school parking andgoing before SanTrans board for use of train parking 1ots. Thelocation he felt was good, some people think the theater shouldbe located on the bayfront, but this site is closer to schoolsand city restaurants, which will benefit; he has spoken to otherbusinesses in the area and they approve. He asked if counciLcannot give affirmative vote tonight, woul-d council continue thernatter until after these meetings where parking wilt be decided. Eddie Ferrari, artistic dj"rector for the project, explained the1j.ve melodrama and vaudeville theateri felt it would help otherbusiness in the area, Iocal restaurants and nightclubs willbenefit as will all the hotels; they $/ill work with the highschool drama classes; he saw the project as a great opportunityfor the city, 444 Mayor Pagliaro closed the public hearing. CounciLnan Lenbi was enthusiastic about the theater but very concerned about parking; another group, softball leagues, use thehigh school parking l-ot 9 nonths of the year, there are al,sousers such as recreation department which coordinates uses ofpark facilities exclusive of the high schooli the project is in a congested area hrhich lacks parking; not sure there is a solutionto parking probLem. Councilwornan Knight thought theater hrasgreat idea, would benefit hotel conventioneers but would bebetter if it were on bayfront and they could walk to site; Thursday night is high school board rneeting at Burl,ingane High and parking 1ot is needed; Friday night is school dances, plays and other school activitiesr. if parking variance were granted woul-d set precedent for future use of site if theater left theareai she rnoved to deny the project. Seconded by CouncilmanHarrison r^rho comnented on his concern about parking and traffic;the l-etter fron SamTrans is only a reconnendation fron a singlestaff member, the Samtrans Board still has to vote to approve andthere is no guarantee they would do so. Council-woman O'Mahonywas sorry this project has gone on for such a long tine; she hadlooked at parking in the area and found plenty of parking spaces;locating the project by the bay would also make sense, but thisproposed location would benefit 1oca1 restaurants; she worriedabout people crossing Cal-ifornia but she would vote aqainstdenial. Mayor Pagliaro said all speakers had good points tonake; the applicant has nade an honest effort to find parking; hethought. the project belonged on the other side of the freeway.The motion to deny carried 4-1 on rol-f call vote, Councilwoman OrMahony voting no. PUBLI C OM}4ENTS Mayor Pagliaro asked for any public conments on iterns remainingon the agenda, or on any other iten of interest to the public. councilman Harrison commented on the wonderful comrnunity picnicorganized by the Chamber of Comnerce on Sunday, September- 20; hecongratulated the Chamber and the citizen of the year, formercouncil nember Gl-oria Barton. Karen Key, Directoi of the cham-ber, said Doug Mcceorge, president of the chanber, deserves rnuchcredit for the event. Councilman Lembi asked if there srere anyproblems r^rith the serving of beer and wine at the eventl police Chief responded he was not av/are of any problems. N 85-9 SING OLLECT o Finance Director reviewed his rnerno of Septenber 15 which recom-mended council (1) approve a resolution increasing refuse coI1ec-tion rates 15.17 percent for the 12 month period effectiveOctober Lt L992, (2) direct staff to prepare nodifications to thecollection franchise agreement, recycling agreement and transferstation agreenent, and (3) increase the city's refuse collectionfranchise fee fron 2.5 Lo 5 percent. Last year Browning Ferrislndustries (BFI) waived a rate increase pending a decision torelocate their recycling facility fron Belrnont to San Carlos;they have since moved to the new site adjoining the San CarlosTransfer Station; the new facility has the capability to functionas a I'laterials Recovery Facility (MRF) which is an integral partof AB 939 Source Reduction and Recycling Element (SrGE) -rece;t1y adopted.by council. It is expected to account for 19.5 percentof Burlingamers vraste diversion by the year 2,OOO. A raLeanalysis was prepared by JpA auditors, ftilton Farnkopf and Hobsonand comparison of rates with other cities shows Burlingarne isstill the lowest. The franchise fee increase wi1l be iedicatedto a speciaf reserve fund for dump closure; it will be increased2.5 percent each year until it reaches 10 percent. BFf has alsosubmitted a request for an increase in the garden pickup ratewhich will be presented to council at a future rneeling.- Heresponded to council questions and comnended BFI on ias conmit-ment to meet AB 939 requ j,rements. Councilman Harrison rnoved adoption of RESoLUTION A5-92. Secondedby CounciLnan Lembi, carried unanimously by voice vote. SPECIAL EVENT PERMIT FOR NDTCKEN S HOUSEII AT 1328 BERNAL, OCTOBER 15 TO NOVEMBER 1, 1992 City Manager reviewed his nemo of September 16 which recommendedcouncil consider this request and take action. St. Matthehrts Episcopal Day School of San Mateo is requesting to decorate avacant horne with hotiday theme and sell artisan crafts during a thro h/eek periodi they anticipate Loo visitors per day on weekdays and 300 on weekends. Mayor Pagliaro asked the applicant to come f orlrard. EileenFredrickson, parent volunteer and chairperson of this event, pre- sented a booklet with parking neighbors on the btock in favothe San Mateo Police Departmen experienced r^rith this event whfor three years. When the sitthe city with an insurance cer neighbors expressed disapprovaat the site wiII carpool from on Easton. nd petition signed by noste event, and a letter from ng there $rere no problems in the city of San Mateoproved they would present e. She said none of theparent volunteers \"rho workat the Presbyterian Church t stati plans arofth en heldeisaptificat 1. The parking Mayor Pagliaro removed |tg" cfaim for consideration at closedsession. Item ner was removed until the next neeting because theproject was appealed. Regarding trbtr Mayor Pagliaro asked staffto review the wording of this ordj,nance to define rnodj.f icationsbefore the adoption at next meeting. a ION OF ORDINANC GENCY ORDTN PROHIBITING CERTAT N OUTDOOR LTGHTTNG City Attorneyrs memo of Septenber 14 recommended councilintroduce this ordinance and set for public hearing at thenext meeting. At the September 9 neeting council directedstaff to prepare an extension of the urgency ordj,nancelimiting permits for outdoor lighting; council will consideroutdoor lighting at its October study rneeting. I6-92 GASSE V b c R BA ONED VEH A 1V REGT STRA TION FEE. AND AUTHOR IZING AMENDMENT NO.4 TO C/CAG JOINT PO AGREEMENT City Manager and Police Chief recornrnended council adopt theresolution supporting establ-ishment of an abandoned vehicl.eservice authority and authorizing C/CAG to serve in this 445 councilwoman Knight said one neighbor of the property is disabl-ed and lrou1d need special consideration during the event. Council menbers were supportive of the event and lrere happy to approveit. Council,man Harrison moved approval. Seconded by councilwom- an O'Mahony, carried unanimously by voice vote. Maureen Byrne, 1315 Bernal, said she was looking forvrard to thisevent. Jin Yawn aLso spoke in support. There was a brief recessat 9:09 p.n. The meeting reconvened at 9:16 p.n. CONSENT CALENDAR INTRODUCTION OF ORDINANCE ].473 - REVISING SEWER LATERAL TEST REOUTRE},,IENTS AND PROCEDURES Public Works memo of September 10 recommended council intro- duce this ordinance and set for public hearing at the nextneeting. In 1986 council, adopted requirements for testing and repair of sewer laterals when property is sold to reduceinfiltration and inflow into our sewer system. The ordi- nance needs updating and clarifying; it updates the require- ment for testing if it has been 25 years since the initialconstruction or complete l"ateral replacement at tine ofsale; if it has been five years since a test was passed. oronly partial repairs v/ere made; and defines what portion ofthe ]ateral is to be tested. 446 capacityi the resolutionvehicle registration fee also authorizes inposing a $1to fund the authority. d RESOLUTION A7-92 - ACCEPTTN G COI.,IPLETION OF THE LAGT'NA TENNIS COURTS REPAIR AND R SURFACING cP 9203 Recreation Director's memo of September 10 recommendedcouncil accept this project as completed by Gordy Stroud Construction for final construction cost of $26,640. e Removed from agenda: Camino. This project council neeting. FinaL Condominium Map for 530 E1 and the map will be heard at the next f.ENCROACHMENT PERMIT FOR CEM BLOCK WALL AT 1576 CYPRESS AVENUE Public Works meno of Septenberprove this encroachnent pernit usual conditions. 14 recommended council ap-for a cement block waII e/ith h S. Clairn rnoved to Closed Session. RRANTS AND Finance Director recomrnended approval, of Warrants 22690 -23!86, duly audited, in the amount of $3,o82,57s.09 andPayrol] Checks 49530 - 50305 for the month of August 1992 inthe amount of $ 1 , L33 ,998 .52 . Councilman Harrison rnoved approval, of the Consent Calendar. Seconded by Councilman Lernbi, carried unanimously. COUNCIL COMM TTEE REPORTS Emergency Services: meeting; there will23, 7992. council,woman OtMahony attended abe a county-wide earthquake drilt recent on October Legislative Committee: Councilr.rornan Knight reported on recentlegislative activities; council discussed Kopp's SB 226, Council-nan Harrison noved to write a letter of support. Seconded byMayor Pagliaro. counciL$roman Knight was worrj-ed that Burlingameresidents would think insulation hrould make airport noise go away; Councilwoman OrMahony reviewed her concerns about airporttraffic, she would vote no. The motion carried 3-2, councilwomenKnight and O rl,tahony voting no. OLD BUSTNESS Civil service commission Mj-nutes: councilwoman Knight said the comments under rrfron the f loortt were not all cornrnents nade byher . Mayor Pagliaro thanked the police chief for his helpletter the Mayor had received frorn Dan stack. regard ing a NEW BUSINESS Appeal Hearing: Mayor Pagliaro set an appeal hearing for a Condominium project at 530 El- canino ReaI for the october 5, L992meeting. October Study !,leeting: lrtayor pagliaro asked that staf f prepare areport on our Smoking Ordinance as it is irnplemented in iestau-rants and businesses, and include information on the new walnutCreek ordinance; he would like to tighten up our ordinance. ACKNOWLEDGEMENTS a Commission Minutes: Beautification, September 3Safety and Parkj,ng, September 10; Civil Service, Broadway BID, August 21; Planning, September 14, Traffic, August 11; 1992. b Department Reports: Treasurer, August 3L, L992i Police, Auqust 1,992. c. Letter fron Anna Alexander, 1504 High$ray, regarding a con-struction project at 1508 Highway. City Manager reported that the construction has begun again onthis project. Councilwoman OrMahony had visited the site and thebuilder has talked to Mrs Alexander, Mayor asked staff write. Proclamations: Burlingame Lj,ons White Cane Days, October2 - 3; Fire Protection Week, October 4 - LO, L992. Letter from cary l"lartin, the Crorrn Building, 875 Mahler,regarding a rrWarning Noticerr he received about existing ttfor feaserr signs on the building. He requested council a11owthe signs to remain. Council and staff discussed; signs have been there for severalyearsi real estate signs are meant to be temporary; these signsare over sized; there have been cornplaints because these signsare demoralizing to the area; people see these signs and thinkthings are rea11y bad in Burlingane. Council directed staffwrite a letter to Martin informing hirn that he should reduce thesize and change the location of the signs. counciLr^roman Knight had some infornation on smoking ordinances she got at a League meeting. Councilwornan OtMahony asked about an item listed under Warrants making pa)rment to Olympic OiI, she would like to support citybusinessesl staff explained this item was for testing of under- ground gasoline tanks. CLOSED SESSTON d e Mayor Pagliaro adjourned the meetlngnegotiations, personnel, litigationthe consent calendar at 9:38 p.n. to a Closed Session on labor and the rernoved clairn from REMOVED CONSENT TTEM g. DENfAL OF CLAfIvl OF TAIVIARA FLEMING City Attorneyrs nemo of Septenber 4 reconmended council denythis claim for injuries received from a fal1 on Hatch Lane. After consideration, council denied this claim. ADJ OURNMENT The neeting was regularly adjourned at 10:10 p.m Judith A. Malfatcity clerk 447