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HomeMy WebLinkAboutMin - CC - 1991.04.15189 tlayor Barton invited two people forward to accept proclamations.Hector Leuterio from the county Commission on Aging accepted aproclamation for Older Americans Dlonth, May 1991". He noted thatseniors from Burlingame will be proud to see the procLanatj-on displayed at events for seniors, Belinda Wieszczyk, representi-ng BAYCAP, accepted a proclamation for Victirns of Pornography Week. She said she is a resident and parent in Burlingame and waspleased that council recognized this problem. She distrlbutedflyers. APPEAT HEARING RETATL SALES AT - RESOLUTION 42-91 - APPROVING SPECIAL PERMIT FOR 14 61 BAYSHORE HIGHWAY city Planner reviewed her memo of April 1 which reconmendedcouncil hold a public hearing and take action. Stelvio Storace,applicant is requestingT a special perrnit to convert t-,o30.5square feet of warehouse area to retail sales; the renainder ofthe 7,402 square foot Unit One will be used for warehouse andsupporting uses. There are two units in the building at 1461-Bayshore, the second unit is used by a contractor and hasseparate access off Burlway Road. The parking areas for the twounits are divided by a fence so the unit with the retail salesonly has access off Bayshore, she noticed a qate between the twounitrs parking lots that should be required to be kept closed because required parking for the retail use faces it. Unit Onewith proposed retail sales, office space and hrarehouse userequires 12 parking spaces. The site plan shows 17 spacesprovidedr' however, four of these spaces cannot be used forrequired parking because they are located in the loading dockaccess area needed for large trucks. The retail sales area wouLdbe open for customers Monday through Saturday from 10:OO a.m. to5:00 p.n. There would be one employee on site whoseresponsibility would be for retail sales. This is a codeenforcement, the retail use operated for about a month before theapplicant became aware a permit was required. The applicantnoted to the Planning Conrnission that he had four to sixcustomers an hour before he ceased retail sales. The planning Cornmission denied this request at its meeting of March 25, notingthat allowing this use would aIlo$, many such conversions in thearea rrhich could have a substantial impact. After preparation ofthe staff report, a letter was received from Louis Del"ItAnge1o,representing Storace. The letter requested another condition,that the permit be reviewed in nine months for confornance and BURLINGAL{B, CATIFORNIA April 15, 1991 CALL TO ORDER A duly noticed reg[rlar neeting of the Burlingame City council washeld on the above date in the City HaII Council Chambers. Theneeting was ca11ed to order at 7232 p.n. by Mayor Gloria Barton. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Po1ice conmander cary l,lisseI. ROLL CALL COITNCIL PRESENT: BARTON, HARRISON, L,Elr{BI, OTMAHONY, PAGLIARO COITNCIL ABSENT: NONE MTNUTES Minutes of the Regutar ueeting of April L, L99L were approved onrnotion of Council,woman orMahony, second by councilnan Lembi, Councilmen Harrison and Pagliaro abstaining because they wereabsent from that neeting. PROCLAIITATIONS 190 she would add rror on complaintrt; they also requested thatcondition three be changed to show hours of 10:00 a.n. to 5:OOp.m. rather than 8:00 a.m. to 5:00 p.m. Ittayor Barton opened the public hearing. Louis De1lrAngelo, planning consultant representing theapplicant, said the business entails wholesale sales of Italian foodsr' the business was formerly on Rollins Road and moved tothis new location in October 1990; only 13 percent of the warehouse area is planned for retail sales areal he showed a planof the site; he said the reason for reference to the Price CIubat the previous hearing was because the ovner said he sold foodsat wholesale prices 'rlike the Price CIub, " the only siroilarity isthat the sales are at a discount; this is a very srnalJ. business,his total retaiL saLes area is only 1,000 square feet and has twoor three aisles; they currently have 20 parking spaces but thelot lrilI be restriped to 17 spaces to city code standards; the proposed uses only require 12 spaces; they will install one hourfire wall,s between warehouse and retail uses; they will have twofu11 time and two part tine employees, one employee does notdrj.ve, so they have only one to three cars parked there; the owner would like the project revj,ewed in six rnonths after openingthe retail sales area to the public; he could not find writtenthe 14 year old policy of no retail- uses in the area when he sees many retail uses in areal the loading dock would only be usedduring non-retail times; and they r^rou1d have no delivery trucksover 55 feet long. He said allowing this use would not set aprecedent, there are other commercial uses in the area and councj.l- considers each use on a case by case basis; this site isideal for this use; this is a cLean application, consistent withzoning and the General Plan, it does not need a variance andthere are no objections from neighbors; all building coderequirernents would be met. He urged approval and noted theapplicant, his wife and employees are present for any questions. CounciLnan Harrison confirmed that the Ietter asked for nine month review time; DelI'Angelo said yes, it would take threenonths to complete the project and then allow for six months ofretail operation. CounciLnan Pagliaro asked that anothercondition be to Lirnit sales to the 31 by 33 foot 4 inch area shown in p1ans. Councilwornan OtMahony said she would like to seea comparison of the sales from the lrarehouse area and the retaitarea. Mayor Barton asked City Planner about aLlowed use in M-1;Planner said warehouse, industrial and rnanufacturingT, all otheruses are conditional. Mayor Barton told DelltAngelo the L4 yearold unwritten policy is based on all,owed uses in the II-1 zone. Nicholas Crisafi, property owner, said this application is verydifferent from a Price CIub; Price Club has 25,OOo square feet ofretail use and nakes about $L25 million a year; this proposed useis very snaI1, this is a sna11 srholesaler trying to run a cash and carry retail in conjunction; he noticed 21, retail uses in thearea on both sides of Bayshore Highway excluding hotels andrestaurants; the site has anple parking. Mayor Barton closed the public hearinq. Councilman Pagliaro said this seems a snal,I use and there is morethan enough parking. Councilman Harrison had visited the site and noted signs displayed that the business cannot se11 retail atthis time. councilman Lernbi said this is such a minute businessit could not have an irnpact on traffic. Councilwoman OrMahony encouraged granting the special pernit with conditions includingthe review in nine months. Mayor Barton agreed this operation is not a Price Club, it is agrocery store and that use has never been granted in the I*1- 1zor.e. The Planning Commission is asking direction from council about uses in U-1. If council approves this application, it isgranting grocery stores in lrl-1. She believed it was a mistake. 191 Councilman Pagliaro moved to approve the special pernit forretail sales by adoption of RESoLUTIoN 42-91, with conditionslisted in staff report and additional conditions about the gate being kept closed, sales be linited to the area indicated inplans so the activity could not expand and the application be revi-ewed in nine rnonths. seconded by Councilwoman orMahony,carried 4-1 on ro11 call vote, Mayor Barton voting no. Council agreed this use r{rould be a qood subject for discussion atthe joint Planning Commission/ Council meeting. SECOND READTNG - PT]BLIC HEARING - ORDINANCE 1433 - DECLARTNG GRAFFITI A NUTS ANCE AND PROVIDING FOR OF SAI'{E city Attorney reviewed his meno of March 22 which recornmendedcouncil hold a public hearing and adopt this ordinance asdiscussed at previous council meetings; the ordinance makes ititlegal to place graffiti on public or private property and altowit to renain therei a procedure is established for notice fromthe City Attorney to rernove graffiti, and for city rernoval ifthat is not donel the property owner would be billed for ourcosts and allowed to protest the bill; unpaid biI1s wiII become aIien on the property. l"layor Barton opened the public hearing. There being no comments,the hearing was closed. Councilman Lembi moved adoption of ORDINANCE 1433. Seconded bycouncilman Harrison, carried unanimously 5-o on ro11 caII vote. REPORT ON DEVELOPMENT AT 347 PRIIifROSE ROAD City Planner briefly reviewed her memo of March 22 which updatedcouncil on the construction at 347 Primrose. On June 18, 1990,council approved two use permits v/ith conditj-ons for a restaurantand for real estate use at 347 Primrose. One of the conditions was that the project conform to plans date stamped April 23, 1-990which included a graphic of the facade of the completed building.In December 1990, the applicant subrnitted plans for a buildingperrnit. In those plans the drawing shohred the floor on the entryLevel of the old house had been lowered to a slab at grade andthe wa1l to cover the handicapped lift had been removed. Because more than 50 percent of the value of the house would be affectedby this project, the construction plans were required to conformto current building and fire code requirements. Recently theapplicant removed the original second floor of the structure which he had elevated in order to try to save and he subnittedrevised plans to amend his building perrnj-t to build a new secondfloor. These plans reflect sone additional changes to the facadeincluding removing the front door to the oLd house and replacingit with a window on the porch. Approval of this revision has been held up until council reviewed this issue. Afterpreparation of the staff report, a letter was received fron BruinRealty, the applicant, which points out his interpretation of thestaff report. Councilman Pagliaro said it was his understandinq that theapplicant would save the facade of the original building, but nowit has disappeared; minutes of June 4, LggO neeting say the frontfacade will be retained; council approved the project to confornwith plans submitted in April 1990i he wondered how they got abuilding perrnit with a different facade plan than councilapproved, those plans should have come to council. Mayor Barton remembered the June 1990 meeting cl-early because she opposed the action so strongly; council was not trying topreserve the building, but perhaps the front wa11i don't know how anyone can expect to save those oId walls; she thought council approved the diagram. She noted if councj,L wants to see a goodjob of preserving an otd building it should look at LadyPierrepontts on lloward. t92 The requested council action was to approve the new facade plans dated March 15, 1991. council-man Harrison moved to approve the ner., pfans. Seconded by Councilwoman OrMahony, carried 3-2 on rol-l- calL vote; Mayor Barton and Councilman Pagliaro voting no. CITY/SCHOOL LIATSON COMMITTEE PROPOSAL City Manager reviewed his nemo of April 5, l-991 which recommendedcouncil consider the Burlinqame School Boardrs proposal for ajoint city/school district comrnittee to discuss mutual concerns. Council determined it had good communications with the schooldistrict and saw no need for another committee. BAY AREA 1994 WORLD CUP SOCCER COMMTTTEE LETTER City Uanager revj.ewed this letter dated March 22 telling of a bidfor the 1994 World Cup Soccer garnes to be hel-d in the Bay Area. The comnittee needs $150,000 to deposit with its bid on May L andis asking for donations from several areas including cj-ties whichare being asked to contribute $1,OOO each. Council would like to see rnore inforrnation on this conmittee,since the tirning is so short, Councilman Lenbi moved approval of $1,000 donation subject to City l"Ianagerr s investigation of theeommittee. Seconded by Councilrnan Pagliaro, carried. unanirnously. CONSENT CALENDAR a INTRODUCTION OF ORDINANCE 1434 - EXTENDING PARKING METER ZONE ON CALIFORNIA DRIVE TO INCLUDE CARIUELITA TO BROADWAY Public Works memo of April 9 recommended council adopt anordinance to install tr.ro hour meters along the r^rest side ofCal,ifornia Drive from Broadway to Carnelita. At the lastmeeting councj-I considered the Traffic Commissionts recommendation for one hour neters in this area and decidedon two hour neters. Busi.nesses in the area have beennotified the public hearing on this issue wilf be May 6. b.RESOLUTION 43-9L - APPROVING AGREEIT{ENT FOR ENGINEERING sER- VICES FOR STGN INTERCONNECT ON CALTFO RNIA DRIVE - CP 9O3O Public Works memo of April 10 recommended council approve an aqreement with Wilsey & Han for design of the CalifornlaDrive Signal Interconnect in the amount of 979,406. Thearea affected is between Peninsul-a and Burlingame Avenues. c. RESOLU:TTON 44-91- - DELETING PART A OF CP 415 A & B ANDEOF54IPE FOR d. RENEWAL OF I.,IARRIOTT HOTEL AMUSEMENT PERIIIT City Attorney nemo of Uarch 25 recommended council ptacethis amusement perrnit back on the annual review schedule. PubLic Works merno of Aprit 10 recommended council approve aresol,ution to delete Part A of the project and pay on]y forthe 54 inch concrete pipe ordered and in storage, and expenses incurred, and accept the California/ crove Drainage Improvement, CP 415 . CHAMBER OF COMMERCE LETTER REGARDING COMMTJNITY DINNER city Manager reviewed the chanber of Commerce letter dated April5 which told of a new fornat for the event to be held on Friday, May 10 and requesting council donate $500 to help underr,vrite adrug awareness program entitled TKO (Teens Kick Off) to bepresented at Burlingame High School . Councilman Harri-son moved approval of $5OO donation to the Chanber for this purpose. Seconded by CounciJ.woman Otlv1ahony,carried unanimously. In October 1990, council approve an amendment for Marriottto allow a variety of shows and contests during the week andrequested a six rnonth reviesr. PoLice indicate there have been about four ca11s a month, not a great number for a busyhotel and they recomnend renewal. e ENCROACHIIIENT PER}.{IT FOR FENCE AT 1915 ADELINE Public Works nemo of Aprit 8 recomnended council approvethis permit for a wrought iron fence with brick pilasters onboth Adeline Drive and Bernal Avenue subj ect to usualconditions. f. WARRANTS AND PAYROLL Finance Director reconmended approval of Warrants 14033 -14501, duly audited, in the amount of 91,2LO,39L.81 andPayroll Checks 35769 - 36925 for the month of March 1991the amount of $1, 559,879.4O. ln C/CAG - Homeless: Councilman Pagliaro reported on C/CAG and Homeless Committee. They are working on providing housing forhornel,ess. The County will be asking cities for matching funds toget State crants. Mayor Barton hoped this plan would notconflict with or duplicate work of the Samaritan House. Councilman Harrison moved approval of the Consent Ca1endar. Seconded by Councilwoman OrMahony, carried unanimously. COIJNCIL COII{MITTEE REPORTS OLD BUSINESS Fourth of July: Ilayor Barton showed a flyer for the cityrscelebration, plans are going well . SB 169: Councilman Ilarrison said SB 169 passed the legislatureand is on the Governorrs desk for signature; this wiII terminatesB 2557 0n June 30. SB 226. l{ayor Barton said this airport bill has been pulLed forrevisions, she was sure it would come back. She asked theairport be informed that they would be invited to speak if Koppappears before council on this bill. Charette: Councilwoman OtMahony asked a letter of thanks be sentto architects who took part in the Bus Depot Charette. Staffnoted the plans would be reviewed at the park and Recreation Commission rneeting this Thursday and council is invited toattend. street Resurfacing: councilman Harrj.son commented on the poorquality of the street work; Director of public Works said ttris isjust the first phase of the job, it must cure for three weeks andwiII be finished at that tine. councilrnan Lenbi asked when EI Camino would be resurfaced in San Uateo just south of our citylirnits, the road is in terrible condition. Director said he hasbeen in touch with the state concerning that section and it isbudgeted for L99L-92, as is a section of El Camino in Burlingarne. Water Conservation: Councilwoman OrMahony hoped lre could 1ay thegroundrules for water conservatj.on when San Francisco takesaction on water rationing. City lqanager said our city will haveIots to review if san Francisco lov/ers its rationing requirements i should we stay at per capita rationing or go backto percentage of 1987 use; should we have allowance forlandscapingr' should we have banking; should we have penalties. Train Gazebo: Mayor Barton informed council that the state hasinstalled the gazebo at the Burlingame Avenue Station. 193 L94 OIFlpic Torch Run: D1ayor Barton announced a letter she receivedwith applications for participation in the Torch Run. City Selection Committee: Mayor Barton would not be able toattend and asked for volunteer. Council Salaries: Councilman Harrison reviewed a memo fron theCity Uanager regarding council salaries; he suggested raising thecouncil salary to $400 per month and eliminating any compensationfor travel within the county. After discussion, he noved thatstaff prepare legislation to enact this raise. Seconded by Councilman Lembi, carried 3-2 on roll call vote, llayor Barton and councilman Pagliaro voting no. ACKNOWLEDGEMENTS Commission Minutes: Beautification, April 4r. civil Service, I*Iarch 12; and Planning, April 8, l-991-. Department Reports: Treasurerrs Report, March 31, 1991. Proclamation: Secretaries Week; Adult Education Day; Our Lady of Angels 65th Birthday. Two letters from residents regarding water rationing, onefavoring city policy and one opposing. Letter fron Royal Pools regarding water rationing effect onpool business. Letters of commendation to two Eagl-e Scouts, Brian Ruckert and Tinothy Watson of Troop 101, Letter fron Burlingame Intermediate School commending John cannon on after school prograns. FROI.{ THE FLOOR 1 2 3 4 5 6 7 councilnan Pagliaro commented on several other communicationsreceived: (1) A letter fron Tobin & Tobin regarding a proposedaddition on Mariposa. Staff saj,d no apptications have beenreceived and staff has worked out with Tobin & Tobin a way forthen to be inforrned if one is received. (2) A letter ofcornplaint about a parking enforcement officer; staff isinvestigating. (3) A letter from Lucas Dealership regardingparkinq meters on californial a report will come to council atthe next meeting regarding this issue. councilnan Harrison congratulated the Fire Department on a memofrorn the Fire Chief about the successful defibrillation by city's new equiprnent which saved the life of a resident. He also hop-dour city enployees hrho deal with the public attend the seminarnoted in a memo from the Adrninistrative Assistant personnel. OURNM At 9:03 p.n. Session and sresident Ann Ma he of ANN OF yor Barton noted council would neet in Closed asked to adjourn the meeting in mernory offield, council, observed a noment of siLence. Mayor Barton opened the cLosed session regarding labornegotiations and pending litigation at 9:12 p.m. after a briefrecess. The open neeting reconvened at 9:55 p.m. CLOSED SESSION REOUEST FROI'{ JOE KARP POR DETERMINATfON REGARDTNG 1100 HOWARD At the last meeting, Joe Karp presented plans for aresidential/ comnercial project at 11OO Howard and asked council NEW BUSINESS 195 to make a determination regarding his contention that he did not need a parking variance for this project because it was withinthe Burlingame Avenue Parkinq District. Mayor Barton stated that counciL was in agreement that the city was not bound by Clause 14 of Resolution 27-52 regarding theparking district, and that this issue has been previouslylitigated in Miles vs. Burlingame. Joe Karp rras present, he thanked councj.I for its consideration and indicated he would consider his next action. ADJOURNMENT The neeting was regularly adjourned at 9:57 .m. Judith A. Mal-f att city clerk