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HomeMy WebLinkAboutMin - CC - 1989.04.03338 BURLINGAME, CALIFORNIA April 3, 1.989 PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Planner Margaret Monroe. ROtL CALt COUNCILMEMBERS PRESENT: AMSTRUP, LEMBI , PAGLIARO COUNCITMEMBERS ABSENT: BARTON, MANGINI Mayor Amstrup mentioned that Councilman Mangini fell recently and broke his hip. Councilwoman Bartonrs husband John had a heart attack yesterday. Both gentlemen are at Peninsula Hospital . MTNUTES Minutes of the Regular Meeting of March 20 and the Study Meeting of Nlarch 22, L989 were approved. CHANGE ORDER OF AGENDA city Manager noted that the appellant for item 5 C, a fence exception at 1"9L5 Adeline, has asked for continuance to the next meeting. On the Consent Calendar, item 7 H, encroachment permit for dumpster at l-201-1209 Burlingame Avenue, was moved to Staff Reports, 6 E. Under Acknowledgrments, item 10 E, request for support of anexport licensing office in County, will have a Resolution in support presented for approval. He also mentioned there are three letters appealing the Planning commission action regarding a grocery storeat 814 Edgehi1l, and the first review request of a second story addition in the hillside area at 1535 Los Montes. Mayor Amstrup scheduled hearings for the April 17 meeting. PRESENTATION OF PROCLAMATION TO CELESTINO ROMOLI Mayor Amstrup calIed forward Celestino Romoli and read a proclama- tion honoring celestino for his contribution to the city, notingthat he could welL be called the father of soccer in Burlingame, and recognizing him for receipt of a gold medal from Italy. CONTINUED APPEAL HEARING FOR FENCE EXCEPTION AT 1152 CABRILLO AVENUE city counc reque hightt52 PIanirh s tin fenc Cabr ner reviewed her memo of February 10 which recommended oId public hearing and take action. Michael Ballenger isg a fence exception for a six foot nine inch, to seven foot e along the side and rear property lines of his home atiIto. The fence is in place and was built without a building permit. The Planning Commission denied this request at its meeting of January 23, 1989. Mayor Amstrup opened the public hearing. Michael Ballenger reviewed that his home is on a corner of a very busy intersection, Cabrillo and Broadway; his rear property line is on an alley; he read his immediate neighborrs letter of support. councilman tembi inquired of Ballenger when the fence was built; Ballenger replied vrhen the house was built the fence was part of theproject; contractor buiIt. Mayor Amstrup closed the public hearing. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council !,ras held on the above date in the city Ha1I council Chambers. The meeting was ca1led to order aL 1:32 p.m. by Mayor Irving s. Amstrup. Councilman Pagliaro had visited the site; it is busy corner and found no problem with a higher fence. Councilman Lembi said he had no problem approvin strongly objected to contractors building withou outside city code. He moved t approve the fence exception wi there are exceptional circumst a busy corner and alley, thereproperties will not be materia o reverse the Pth conditions o ances in the 10is no public h g the fence; but het permits andning Commission andtaff report becauseion of this house on lanfs cat azardi neighboring 11y damaged; and the regulations cause unnecessary hardship upon Ballenger. seconded by Councilman Pagliaro . Mayor Amstrup said he wouLd vote in opposition because the city has a Iaw limiting height of fences to six feet and he believed it should apply to everyone. Motion carried 2-1 on ro11 call vote, Mayor Amstrup voting no. DENY APPEAL FOR AN AMENDMENT TO SfGN EXCEPTION FOR MIKE HARVEY AUTO DEALERSHIP AT 11OO CAROLAN AVENUE City Planner reviewed her memo of March 28 which recommended council hold public hearing and take action. Mike Harvey is requesting an amendment to his May 1988 sign exception at an auto dealership at LL00 Carolan Avenue. In May 1988 the Planning Commission alLowed 775 square feet of signage, from 884 requested. The current request is to increase the size of the 35 foot pole sign from 192 to 416 square feet. He is also proposing to eliminate a 30 square foot wa1I sign on the secondary frontage. Total signage requested for the sj.te would be 958.5 square feet or a 20 percent increase over signage allowed in May. Councilman Pagliaro inquired vrhat tlpe of sign is to replace the corporate logo wall sign. City Planner said this could be clarified during the public hearing. Mayor Amstrup opened the public hearing. Mike Harvey said the proposed replacement sign would be an electronic reader board sign which would change about every hour. Chrysler only allovrs one corporate sign per site; they gave him wrong dimensions for the pole sign; he needs larger sign due to the targe adjoining Cadillac sign on the freeway, and because 90 percent of his business comes from outside the area and he must depend on people seeing the sign when exiting the freesray. Tom Cannon, sign consultant for Harvey, said Chrysler had made a mistake in their zone offices regarding the size of the sign; the sign dimensions given Harvey originally were for a 24 foot highsign, not the 35 foot high poles they propose to have on site. Those dimensions are too smaII for a 35 foot high sign. Councilman Pagliaro noted that they already have a corporate logo on that sideof the site. Councilman Pagliaro thought the electronic message board was not theproper image; council and Planning Commission had granted certainsigns and the applicant could accomplish his purpose within what he was granted. Mayor Amstrup agreed. Councilman Pagliaro moved to sustain the Planning Commission denial. Seconded by Mayor Amstrup, carried 2-1 on ro11 caLl vote, councilman Lembi voting no. 339 Mayor Amstrup closed the public hearing. CounciLman Lembi said he had walked around the site and no signageis visible from the proposed site of the pole sign; there is noresidential area that would be affected by the sign; he had no problem approving the signage reguest. He moved to reverse the Planning Commission and approve the request. The motion died for lack of a second. 340 SECOND READING - ADOPTION OF ORDINANCE 1389 - REPEALING SI'NSET ON LIM ITATION OF RESTAURANTS IN BROADWAY,/BURLINGA}iIE AVENUE AREAS city Planner reviewed her memo of March 27 and recommended council hoLd a public hearing and take action. In 1985 council set a limitto the number of food establishments in the cityts two comnercialareas. The limit sunsets on April 16, 1989 and this ordinance will modify the regulation so that the limitation stays in effect permanently. Mayor Amstrup opened the public hearing. Joe Karp inquired if property next to an existing restaurant became vacant could the restaurant expand into the vacant site. City Planner said it would require a use permit for expansion. Mayor Amstrup closed the public hearing. Councilman Lembi moved adoption of oRDINAIICE 1389. Seconded by Councilman Pagliaro, carried unanimously 3-0 on ro11 call vote. city Attorney reviewed his memo of March 23 which recommended council approve an Amusement Permit for 90 days with conditions recommended by Planning Department and additional condition that there be no dancing. Jeffrey Naleway is reguesting an Amusement Permit for a "dinner/nightclubfl at 327 Lorton, most recently the Naters Deli site and in the past the Banyan Bay site. city Attorney had received one caII from a resident in area complaining aboutparking problems. Naleway plans to provide )azz piano as backgroundfor lunch during the rreek, with the addition of a guitarist on Fridays; Tuesday through Sunday dinner would have similar background music with a maximum of a trio playing; after dinner hours he would present jazz bands. Naleway has been informed of the historical problems with this site, The Po1ice Department reports a low level entertainment was no problem with Nate's and recommended approval. The Planning Department suggests several conditions, including limitation of hours. City Attorney recommended no dancing. Mayor Amstrup opened the floor to comments. Jeffrey Naleway explained his proposed operation; he said dancing was not an important consideration to his business, he did not plan a dance area, but if people felt like dancing to the music he did not want to stop them; he hoped for a lunch business of locaI foot traffic; he may have valet parking; he responded in the affirmative when questioned if he had ever oPerated a restaurant, but he had never had entertainment; he was agreeable to the conditions suggested. Councilman Pagliaro suggested hours limited to 11:00 p.m. on weekdays due to residential area nearby but Perhaps on weekends it could be until 12 midnight; Pagliaro reviewed other conditions with applicant; Naleway said he planned to only use the corner portion of the restaurant site, not entire site. Susan Mccubbin, 309 Lorton, opposed the permit, she has continually had problems with parking in her apartment's private parking spaces; particularly caused by restaurant and bar patrons from across the street . Esther Kolba, L209 Bellevue, restaurants on the site; the reviewed many problems with other site is too close to residential area. AMUSEMENT PERMIT FOR MAX'S OPERA CAFE, 1250 BAYSHORE City Attorney reviewed his memo of March 27 which recommended council- approve this request for an Amusement Permit for a piano player and singing waiters from 7:00 p.m. to 11:00 p.m. every evening. Police report no problems with this site. councilman Pagliaro moved approval of the Anusement Permit. Seconded by Councilman Lembi, carried unanimously 3-0 by voice vote. AMUSEMEIT PERM]T FOR UNDECIDE 341 1 2 councilmembers wanted to be fair to the applicant as well as the neighbors; Councilman Pagliaro moved to grant the permit with conditions of planning staff reports with some modification: that the business shall be responsible for cleanup of the area around the site, including Parking Lot D; that music from live jazz bands shall take place on wednesday through Thursday nights until 11:00 p.m. and Friday and saturday nights until 12:00 midnight; that the permit shaII be issued for a trial period of 60 days; that upon receipt of any complaints the permit shall be reviewed by council and be subject to revocationi He said if there are no complaints after the 50 day review, perhaps dancing could be allowed. Seconded by councilman Lembi, carried 3-0 on voice vote. Councilman Lembi noted that he and councilman Mangini had spent much time reviewing the commission appointment process and terms, he appreciated the excellent job that Garcia had done for many years. Mayor Amstrup said he did not believe in limiting terms, but agreedthat we needed a change. Councilman Pagliaro moved appointment of the two nominees. seconded by councilman Lembi, carried unanimously 3-0 on voice vote. SELECTION OF PEAT MARWICK MAIN AS CIjrY AUDITORS FOR NEXT THREE YEARS City Manager reviewed the Finance Director's memo of March 17 which recommended council direct staff on selection of an auditor for thecity. For the past 12 years, Peat Marwick Main has been ourauditor; they propose an additional three year contract at a cost of $21,100 for 1989, $22,8OO for 1990 and $24,600 for 1991. Mayor Amstrup complimented the auditors, council concurred they have done a fine j ob. Councilman Lembi moved approval of Peat Marwick Main as auditor forthe city for the next three years. Seconded by Councilman Lembi, carried unanimously 3-0 on voice vote. Councilman Lembi moved to amend the encroachment permit to deletethe requirement for the additional insurance and to reguire proof of 3 4 5. that there be no dancing. PLANNfNG COMMISSION APPOINTMENTS Mayor Amstrup stated that he and Councilman Lembi had intervievred several fine candidates for the Planning Comnission. Councilman Lembi nominated Bud Harrison for reappointment and Patrick J. Kelly for a new appointment to replace Commissioner Garcia. Councilman Pagliaro stated that Garcia had served the city well in the past eight years on the Commission, he said there was a general feeling amongst council that the city needs new people on its commissions. AMENDMENT TO ENCROACTII,IENT PERMIT FOR FENCE AT 1804 DEVEREAUX city Attorney reviewed his memo of March 27 which recommendedcouncil amend the permit granted in August 1988 which required thatthe applicants provide $500,000 insurance with an endorsement makingthe city an additional- insured. They have been unable to acquire such insurance and the City Attorney had checked with severalinsurers and finds that this tl'tr>e of insurance is unavailable to homeowners. Councilman Pagliaro asked that the homeowner berequired to provide proof of insurance to the city annuaIly.Council concurred. 342 homeowners insurance submitted annuaI]y. Seconded by councilman Pagliaro, carried unanimously 3-0 on voice vote. SPECIAL ENCROACHMENT PERMIT FOR THREE DUMPSTERS AND FENCING IN PLANTING AREA OF PARKING LOT E ADJACENT TO T2O]--1-209 BURLINGAME AVE Director of Public works reviewed the memo of March 30 which recommended council consider this request as setting a precedent for such use on public property and deny it, requiring the removal of the dumpsters within 15 days. fn February, the city received complaints concerning garbage cans and dumpsters in Parking Lot E. Adjacent property owners were notified and asked to remove them. Joseph Karp, property owner, and La Pinata Restaurant, have requested a special encroachment permit to allow the placement of garbage dumpsters in the city landscape area of Lot E. They Proposeto install a concrete pad for the dumpsters and enclose the areawith a chain tink fence with wooden slats, to landscape the area and maintain the landscaping at their expense. The Park Department has no objections since there is no landscaping in the parking strip at the present time. staff suggested conditions for approval which included providing water saving irrigation and drought resistant plants approved by Public Works and Park Departmentsi maintenance of the area at the property o$rners expensei and a rental fee of $2.00 per square foot per month. Joe, Steve and Ron Karp and the owner of ta Pinata Restaurant vrerepresent. They revier^,ed the changes made to the Burlingame Hotel building after the fire several years ago; the garbage room vras changed to aLlow for more electrical equipment and additional room for the stairs. They noted that there has been no landscaping in the parking l-ot and they would like to install and maintain for a one year trial period; they would wash down the area every day. The alternative is to place garbage out on the sider.ralk for pickup every day which would be unsightly on Burlingame Avenue. Councilman Pagliaro inquired about the size of the planting area and the sizeof the dumpsters; Karp replied the dumpsters are the smaller size four foot wide and the planting area is four feet in width. Councilman Lembi vras agreeable to the provisions. Mayor Amstrup noted that if council aI1ows this other businesses will want to do same, he would deny the request. counciLman Lembi said the area where city allowed a dumpster near the Fox MaII and then had removed looks the same as when the dumpster was there and still is littered with newspapers and debris. He thought this proposal is a unique situation and an opportunity to remove garbage and improve the area. Councilman Pagliaro suggested landscaping be installed at this time, Director noted it is such a small area and would not impact the water shortage significantlyi a timer could be instal-Ied for water use. Councilman Pagliaro agreed it is a unique situation and would approve of it for a one year trial period, if there were any problems it would be calfed before counciL for review. He moved to approve the request for an encroachment permit with conditions 1, 2, 4 and 5 of the staff report and the additional condition that a rdater timer and atl landscaping be installed at the present time. Councilman Lembi seconded the motion and noted additionally that the permit could be renewed after one year if there were no probl-ems. Mayor Amstrup suggested that they do not wash down the area daily since that is against the water conservation rules. The motion carried 2-1 on voice vote, Mayor Amstrup voting no. CONSENT CALENDAR councilman Pagliaro suggested an addition to the JPA agreement to require city receive proof of insurance each year. a RESOLUTION 38-89 AREA WATER AGENCY - AGREEMENT FOR JOINT POWERS AUTHORITY FOR BAY City Managerts memo of March 14 recommended council approve an agreement for with the Bay Area Water Agency in order to expand the PeninsuLa water Agency to include Alameda and Santa Clara counties and increase its political influence in addressing water needs of the Bay Area. b. RESOLUTION 39-89 - ENDORSING THE ABAG BAY TRAIL PLAN c (1) RESOLUTION 40-89 - APPROVING AGREEMENT WITH SAN MATEO FOR ROAD REPAIRS IN NEWTON DRIVE AREA (2) RESOLUTION 41-89 - APPROVING AGREEMENT VIITH SAN MATEO COUNTY FOR ROAD REPAIRS fN ADELINE DRIVE AREA Public works memos of March 28 recommended counciL approve these agreements for road repairs in (1) Newton Drive area and(2) Adeline/Eiptoe area where city limits extend into county maintained roads at costs estimated to be about $5,000 for each contract . d EARTHWORK INSPECTION FOR PARKING STRUCTURE LOT A - CP 726 (3) RESOLUTION 44-89 - AGREEMENT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION AND MATERIALS TESTING FOR STRUCTURE - CP ?25 Public Work's memos recommended approval of contracts with (1) Wilsey & Ham in the amount of $6,480, (2) Kleinfelder in the amount of $7,000 and (3) Testing Engineers in the amount of $33,898, for professional services in the construction of a parking structure on Lot A. CHAMBER OF COMMERCE UEST FOR SIDEWALK SALE Chamber of corunerce letter of March 21 requested council- approve a sidewalk sale on April 7 and 8 for the Burlingame Merchants Association; City Manager recommended approval with the usual conditions of Chamber insurance coverage and merchants be responsible for clean up. RESOLUTION 45-89 - NEGATIVE DECLARATION FOR BATTING CAGES/ RETAIL SALES/SNACK SHOP/INSTRUCTION AT 1872 RO],LIXE EoAD City Planner's memo of March 28 recommended council concur with the Planning corunission and approve this negative declarationfor a project at 1"872 Ro1lins. s ENCROACHMENT PERMIT FOR FENCE AT 1304 BERNAL Public works memo of March 28 recommended council approve this request for a cyclone fence subject to usual conditions. councilman Lembi moved approval of the consent Calendar. Seconded by councilman Pagliaro, caffied unanimously by voice vote. ART AT TRAIN STATION Mayor Amstrup briefly reviewed a letter to the chamber of co[unerce concerning installation of art at the Burl-ingame Avenue trainstation. f 343 City Manager's memo of March 17 suggested council approve a resolution supporting the Bay Trail plan. This plan is in conformance with our General Plan and our efforts to have a continuous bike path along the Bay. Since we are applying forgrant funds for some of our projects, he recommended adoptionof the resolution. (1) RESOLUTION 42-89 - AGREEMENT FOR PROFESSIONAT SERVICES FOR PRECONSTRUCTION SURVEY OF PARKING LOT A FOR STRUCTURE - CP 726 (2) RESOLUTION 43-89 - AGREEMENT FOR PROFESSIONAL SERV]CES FOR 344 a ACKNOWLEDGMENTS Commission Minutes: Traffic, Safety and Parking, March 9i Library Board, March 21; Park and Recreation, March 15; Planning, March 27, 1989. Proclamations: Child Abuse Awareness Week; Secretaries Day. Letter from Senator Kopp regarding legislation. Letter from Council of Mayors requesting appointment to Arts conmittee. Mayor Amstrup appointed himself as representative to this committee. Letter from County Business Development Commission urging establishment of export licensing office in San Mateo county. RESOLUTION 46-89 - URGING ESTABLISHMENT OF AN EXPORT LICENSING OFFICE IN SAN MATEO COIJNTY Mayor Amstrup presented a resolution supporting this proposal. councilman Lembi moved adoption, seconded by Councilman Pagliaro and carried unanimously by voice vote. f. tetter from Rector CadilLac requesting inclusion in underground proj ect . g. Letter from Association for Education of Young Children. h. Letter from resident objecting to stop signs at Broadway/Cortez. i. Letter from residents objecting to flashing signals at Bayswater and California. j. Letter from League of women Voters supPorting County Hazardous waste PIan. FROM THE FLOOR L. Street Repair: Director of Public Works noted that the repair of Lorton had been planned for April 7 which is the day of the sidewalk sale; he will try to reschedule. 2. Child Care: Marti Knight, School Board member and city representative to the County Child Care Committee presented a report to council regarding the coNnittee's study. She thanked council for her appointment to this worthwhile committeei she felt they had accomplished a lot; she also noted this is the rrweek of the Young chird. " 3. Planning Commissioner: Bud Harrison thanked council for his reappointment to the Planninq Commission. 4. Dj-sh Antennas3 Richard Armstrong of Alameda offered his services to council as a consultant regarding satellite dish antennasi he had written a letter and attached court decisions regarding same. Mayor Amstrup thanked him and said it would be taken under advisement. ADJOURNMENT IN MEMORY OF CLAUDE WHITE AND BEULAH SHOOK Mayor Amstrup cal}ed for a moment of silence in memory of the city Manager's wife's father, claude white, and the City Managerrs aunt, neulih Shook, who both died recently. The meeting \"ras adj ourned at 9:14 p.m. in their memory. 1- d Judith A. Malfatt city C1erk ----.1