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HomeMy WebLinkAboutMin - CC - 1986.11.03464 BURLINGAME, November CALIFORNIA 3, 1986 Doticed regular meeting of the Burlingane City Council was aboye date in the City HaII Council Chambers. The meeting to order at 7:30 p.m. by Mayor Victor A. Mangini. PLEDGE OF ALLEGIANCE TO TI{E FLAG CALL TO ORDER A duly on the ca1led Led by City Attorney Jerone F. C ROLL CALL o 1eman. BARTON, LEMBI, MANGINI, PAGLIARO Burlingane Schoolsrr buttons to again for supporting the fund raising week in the Burlingane Elenentary heLd was COUNCIL},IEMBERS PRESENT : COUNCILMEMBERS ABSENT: PRESENTATION BY SCHOOLS AMSTRUP, NONE Mary Lou Morton presented ttl Love council members and Ehanked them "SpeIt-A-Thontt taking place thi s Schools. MINUTES Minutes of the Regular Meeting of October 20, L986 and the StudyMeetlng of 0ctober 22, 1986 were approved. PUBLIC I{EARING - APPEAL OF AT 1320-1350 HOI,JARD AVENUE PARI(ING VARIANCE FOR NONCONFORMING BUILD]NG City Planner reviewed her meno olcouncil hold a public hearlng an Roger Mi1es, represented by atto 85 space parking variance so the 0ctober 27 in which she reconmended take action. The property owner ney Amitai Schwartz, is requesting anvacant bowling a11ey building can be parking and the use. vari-ance d r used for a mix of restaurant, retail and office use. The mechanical penthouse and basemenE would not be leased areas. Based on currentparking requirements the propose( uses would need 85 parking spaces!40 for restaurant. 28 for retail and 17 for office. The entirestructure has been vacant for ovqr tvo years. A parking variance isrequired because the building ha{ becone non conforming due to beingvacant for more than sj-x months. This building vas built prior to 1960 and participated in the Burlingame Avenue 0ff Street ParkingDistrict. The Pla nni n g variance so second f loor The appli canin order to Commission voted unqnlmously to grant a 65 spacethat the first floor could be used for retail use used for office. Tiiey disallowed any restaurantt appealed because they uant an 85 space parking have a restaurant on si-te. City Planner noted tuo letters were received after the staff report was prepared. 0ne vas from F.G. Duffield, 220 Primrose, who favored the parking variance so Ehe bui-1{ing could be restored and occupled. The second rrras fron Amitai Schwa*tz requesting council grant thevariance or exempt the building from parking requirements, citingvarious code sectlons and reasonq for the varlance or exemption. City Attorney He noted it is nonconforning regarding the councils, it parking if it reviewed sone lega1 j-ssues regarding Schrrartzrs letter. conmon legal pract.ice for a business to becone after vacancy of s{x months; and the 1962 Resolutionparking district r.'ds not 1ega11y binding on future r{as not a contract, and this council could require chose to do so. In response to council, City Attgrney said the 1962 Resolution statedparties contributing to parking 4istrict noulri be exempt from parking requireEents. Staff agreed that the bowling alley had contributed tothe parking district. City Planner reviewed that the property ovner would have to enforce the condition on use of the floor area. 465 Mayor Mangini opened the public hearing. Amital Schwartz, attorney for applicant Roger Miles, revlewed code section applicable to this building; he said it is an old building and nas nonconforrning in 1981 when the new parking requirenents vere adopted; the building takes up the entire lot and the only way to provide parking is to tear down the building; this is a situation where council needs to help this property ownerl when city created the parking district by resolution this property rras exempted from future parking requirements; the previous orner paid j-nto the parking district for 15 years; r,rhen Miles bought the building t.he parking assessments were pai.d off in fu11; SchvarEz believed the resolution was a contract therefore binding, not merely policy; if the building had remained in use it rould have a 109 parking space exemption grandfathered in; it is a unique building and owner feels he could not attract cusLomers into the building without a restaurant; 1t is not like1y thaL people vould travel by car to this restaurant at noon because parking is a problem, the customers rvould be people working in the area, so he didnrt believe the parking would be impacted. Council discussed uith Schuartz atd Miles; basement would not be used, utilities are located i-II basenent; Miles stated the restaurant 1s vital to'the property; Miles had not been aware of the 1981 parking requirements, staff reviewed the lau requiring notice of new regulaEion was followed and published in papers' and much neuspaper coverage of the acti.on, individual property ovners are not notified; had Miles ever considered purchasing off site parking; had he ever considered removing part of building to provide some on sj-te ParkingiMiles reviewed his discussions with city and he said he was not told he would have to supply parking until long after he purchased the property; reviewed difficulties of putting parking on site. Councilman Pagliaro asked if the. applicant would be willing to linit restaurant use until after 6 p.m. The reply was that this uas not feasible. Speaking in opposition vas Jerry Schafer, Glendale Savings located next to the property; he reviewed parklng impact the bank experiences nov wiEh restaurant customers using its parking 1ot; during holiday season they have to hire a lot attendant; he could not Srant an access easement to Mi-Ies for parklng because he would lose parking spaces in hj-s lot; he urged council deny any restaurant use. Judy Pisano, Evergreen Stained Glass located across fron the bowJ.ing al1ey was oppqsed to restaurant use and reviewed parking difficulties. Steve Carp, ouner of adjacent property favored any developrnent. at corner of Howard and Park, Greg Mindell opposed any parking variances until the city provides more parking. Miles responded to speakers; no ti rlg greatest tenants has been to restaurant use; Schwartz buildings in the area provide no parking. Mayor Mangini closed the public hearing. interest from possible not.ed that many large Council discussed at length; most supported the Planning Commission action; development would remove a blight from the city; restaurant would inpact area; there was concern about the parking district from both Councilnen Lembi and Pagliaro, particularly the clause stating the owner would be exempt from providing off site parklng; City Attorney said the resoluti.on establishing the parking district was a motion by the previous council, a policy statement, and rras not binding on this council; supporting the Planning Commission action would allow osner use of building with less impact on the area. Councilwonan Barton noted there are some buildings uith parking on the first f1oor, she could Irot go along with the variance. Councilman Lembi moved to uphold the Planning Connission Hith conditions of staff report; he found that there are exceptional and extraordinary circumstances in that providing parking on site would create a hardship because the building takes up the entire IoE; that the variance is necessary for the' preservation and enjoyment of the property rights of the owner so that he can enjoy an econonical return on his investment; that inprovements to the property would beneflt thepublic health and welfare; and citing the Planning Comnissionrs findings. Seconded by Councilnan vote, Councilwonan Barton v oting Amstrup, carried 4-1 on ro11 call o.n City Attorney will prepare meeting. a resolution for adoption at the next RECE S S Mayor Mangini 8:43 with a1L ca1led a rece ss council menbers Iat pr 8:35 sent. p.m. The meeting reconvened at ITEM WITHDRAWN HEARING FOR RECTOR CADILLAC ENCROACHMENI PERMIT Mayor Mangi n i. hearing on an noted a request from Rector Cadillac to rsithdraw the encroachment permi I PUBLIC HBARING - CALIFORNIA DRIVE REVIEW OF SIGN EXCEPTION I'OR PUTNAM MAZDA AT 3 City Planner reviered her memo of 0ctober 27 in which she recommendedcouncil hold a public hearing and take action. Joe Putnam isrequesting a sign exception in oqder to install signage at the newdealership at 3 California Drive. His request is for five signs (four are allowed) and 355.5 square feet (300 allowed) of signage on theprinary frontage (Cal.ifornia Drive) and 118 square feet (L00 allowed)on the secondary frontage (Peninsula Avenue). The signage incl-udestwo pole signs: one 40 square fo(t double faced sign on a 16 foot poleadvertising used cars, and one 97 square foot double faced sign on a20 foot pole at the corner. Dou\Ie faced signs count as two signs; hor*ever because of its orientati(n one face of the corner pole sign is counted as being on the secondarj frontage. The Planning Comnissionvoted unanimousl-y to approve the sign excepEion rrith conditions,noting that this is the lovest r4tio of sign square footage to streetfrontage in the auto area. Co un c j- lman Pagliaro noted hig the sign at this entrance to t interfering with the traffic s corner. Other council members that it shouldnrt need a great see the necessity of the pole CounclLnan Pagliaro noved to uph disallow the pole sign at the co who noted if the pole sign were elsewhere. Motion failed 2-3 on Lembi and Mangini voting no. rne about the high visibility of ty and about the pol e sign s and directional signs at the ed the building is so distinctive nt of signage and they could not at the corner. his the 1d the Planning Commission except to ner. Seconded by Councilwonan Barton emoved Putnam could put more signage ro11 call vote, Councilmen Amstrup, codce he ci agnar stat amou s18n Mayor Mangini opened the public tf earing. Joe Putnam, applicant, reviewed dhe various signs and their purposes, and reiterated that this is the lowest amount of slgnage in the autoarea; the pole sign is needed beqause the wall signs are so high (27feet) because of the design of tfle structure, the pole sign is rithinsight (20 feet) of people drivin$ past. Ross Bowlin g, 852 Jefferson Cour{ in San Mateo, relayed his concernsabout the bright lights disturbi{g neighbors and empJ.oyee parking on hi s are street. Another Jefferson Court resident uondered hov many lumensput out by the lights and ur{ed some restriction on the lights. Mayor Mangini closed the public earing. lightsCouncil discussed the parking anfirm tries to take care of neigh nith Putnan; Putnam eai dor concerns promptly, he thoughtparking night be construction wofkers sti11 at the site. He would attempt to take care of the illutination problem. h d h or r Councilnan Lembi moved to conditions. Seconded by Planning Commission Anstrup, carried 3-2 uphold the an action uith on ro11 callCo unc i.1 I 466 467 vote, Councilvoman Barton and Councilnan Pagliaro votilg no. RESOLUTION L25-86 - ESTABLISHING PROCEDURE FOR COMMISSION APPOINTMENT City Manager reviewed his memo of 0ctober 28 sumnarizing discussion at the 0ctober study session and proposing a revi.sed resolution establishing procedures for commissioner appointnents. It calIs for all appointnents to cornnissions to be for single terms with conpetj-tive intervi.eus for reappointnent. He also suggested council appoint standing interview teams and regular quarterly interviews; interview teams could be rotated annual1y. He also noted thaL Shelley Graham and Herb Sommer have been appointed to unexpired terms of less than one year and would falL under the one year exenptj"on provision of this new resolution. Councilman Lembi moved to adopt RESOLUTI0N L25-86. Councilman Amstrup, carried 3-2 on ro11 call vote, and Councilman Pagliaro voting no. Seconded by Councilwoman Ba r ton City Manager noted he would advertise for commission openings and council set a 30 day filing deadline. I'INANCIAL STATEMENT AND MANAGEMENT LETTER FOR FISCAL YEAR 85-86 City Manager revieued his nemo of October 28 to vhich he attached the Financial Statements and Managenent Letter for the fiscal year ended June 30, 1986. The audit committee composed of Councilnan Amstrup, Mayor Mangini, City Treasurer Joe Harvey, Finance Director Rahn Becker and the CiEy Manager, met vith rePresentatiYes of Peat, Marwick, Mitchell and Company on October 15 to discuss this year's audit. The city received a highly favorable management letter and was the first city client of Peat, Marwick, Mitchell to complete lts annual audit.. Council members complinented Pinance Director Rahn Bec ke r the entire finance staff, and Accountant Linda Lee. particularly TRAFFIC ALLOCATIONS - NOYEMBER 1986 City Planner reviewed her neno of October 24 in shich she reconnended council consider extending the traffic allocation for the Carruf Hotel at 350 Airport to the schedule suggested by staff, take no action on the Windmark project until Pebruaty 1987, and make traffic allocation to a 150 roon hotel which is the first phase of the Burlingame Joint Venture proposal. In response to Council,nan Pagliaro' City Planner noted ve have the traffj.c capacity available. Councilwoman Barton moved approval of the traffic allocati-ons as recommended by City Planner. Seconded by Councilman Amstrup, carried unaninously by voice vote. RESOLUTION 126-86 - AWARDING CONTRACT FOR PERSI{ING PARK JOB 632 City Attorney revieued his memo of october 31 and the Park Directorrs meno of the same date in which they reconmended reiecting the bid awarded to B and B Landscaping by RESOLUTION 114-86 and awarding the bid to the second louest bidder, Munkdale Brothers j-n the amount of fi261 ,29O i.ncluding alternates A2 and A3. llhen the bids were opened and anarded to B and B, we received protests f rorn Munkdale stating that B and B was not fulIy qualified to coxoplete the job. The State Contractor Licensing Board has sent the city a letter stat j-ng that the work includes paving, concrete, electrical and playground equipnent r.rork which is noE included in the license which B and B holds and therefore they are not qualif i-ed to do the work. Munkdale Brothers has an trEr' license which qualifies them to do all the uork. Councj.lwoman Barton noved adopt j,on of RESOLUTION L26-86. Seconded by Councilman Lenbi, carried unaninously by voice vote. CONSENT CALENDAR Councilman AnsErup wondered how the city hras going to get inforrnation about the leaf blower restrictions to gardeners. City Attorney I 't 468 replied that he would use the who vork in Burlingame and in association. a INTRODUCTION OF ORDINANCE OTHER MECHANICAL DEVICES license lists to inform peopJ.e he would notify the gardeners 13 33 LIM]TING USE OF LEAF BLOI,IIERS AND business addition City Attorney's memo of October ordinance 1imi. t in g the hour other equipment to 8 a.m. t 10 a.m. to 6 p.n. on Sunday INTRODUCTION RATES 29 recommended council adopt this use of noisy leaf blowers and .m. Monday through Saturday and holidays. st o s of7p and OF ORDINANCE 1334 ESTABTISIIING NEW PARKING METER City Managerrs meno ordinance to proceed beginning January 1, of October 28 recommende dwith revision s to parking L987 . council adopt this fee s and f ines c CHAMBER OF COMMERCE REOUEST TO CONTINUE FREE PARKING Chamber parking letter fron through the Tony Taylor requested hoLiday season in the counciL extend the fre e downtown shopping d areas. ELIMINATION OF YELLOW ZONE ON HOWARD AVENUE Director of Public Worksr meno of 0ctober 27 approve renoving the yel1ow zone in the 1200installation of three two hour meters. recomnended council block of Howard and SPECIAL ENCROACHMENT PERMIT FOR PLANTER AT 601 CALIPORNIA DRIVE City Engineer's memo of Oct encroachment for a planter ber 29 recommended approval of thist the remodeled gas station.a a f. SETTLEMENT AUTHORITY FOR CLAIM BY LAURIE G]BSON City Attorneyrs memo ofsettlement up to $7,000rental while repairs are recommended council approve done to a vehicle and auto 0ctober 28 for dana g e done. ICounciLman Lenb i. noved approval f the Consent CaLendar. Seconded by Councilwoman Barton, carried unatimously by voice vote. NEW BUSINESS - REVIEW OF EMBASSY SUITES ANTENNA Councilman Pagliaro ca11ed up for Conmission action on a dish ante also inquired about the trees th the Marriott antenna. Council menbers conplinented the Chief of PoLj-ce on the successful Halloween coverage this year. Both Councilmen Lembi and Pagliarovisited vith the Police Departnent or rode with the Police on Halloween night. Councilman Lempi was very impressed $ith the cooperation uith the Chief that fre saw in the Police Department. ACKNOWLEDGMENTS Commission Mi-nutes: Beauti27i Libtary Board, 0ctober 1986. council review the PL an ni ng na for the Embassy Suites Hotel. Het are supposed to be planted around j.cation, October 2; Plannlng, 0ctober1; Park and Recreation, October 16, n a f 2 Letter fron Vietnam Ve t eran to be built in Sacramento. asking for donations to a menorial CounciL also received a Letter from request. S Alan Horn in support of this Mayor Mangini encouraged citizens and counciL nembers to donate to this project and asked. the press to publicize it. CounciLman Pagliaro suggested city donate and asked the City Attorney to determine that this is a legitimate organizatio!. Council ui11 determine at a later e. HALLOWEEN EVENING a. b. 469 date the appropriate amount to doDate. c. Proclaoation: AduLt School Day, Novenber 11, 1986. d. Flre Departnent Report for Third Quarter of 1986. e. Mlnor modification notice for parking variance at 228 Dwight. f. Minor rnodificatioD notice for parking variance at 479 Chatham. Councilnan Anstrup suggested that staff remove the wording in the Minor Modification Notice that states addition of fourth bedroon is comnon practice in Burlingane, he did not feel it was a connonpractice. ADJOURNMENT The meeting was regularly adjourned at 9:35 p.m. i.th A. Malfatti City Clerk I