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