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HomeMy WebLinkAboutMin - CC - 1996.04.01450 BI]RLINGAME, CALIFORNIA April l, 1996 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:00 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG Ird by Art Preston. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of March 18, 1996 were approved unanimously after changes on page 4 by Mayor Harrison to show he attended the Library ground breaking "with €eunei+wom- arlanney Councilwoman Knight and Vice Mayor O'Mahony." PRESENTATION OF PROCLAMATION FOR PRESTON CANDIES' 5OTH ANNIVERSARY Mayor Harrison read the proclamation and then called forward Art and Corinne Preston to accept the presentation. Art thanked council and spoke of the pleasure of doing business in Burlingame these many years. PUBLIC HEARING - CONTINUED APPEAL OF PLANNING COMMISSION'S DECISION TO UPHOLD CITY PLANNER'S DIRECTION TO REMOVE A NON-CONFORMING ROOF SIGN AT 858-868 BURLWAY ROAD - RESOLUTION 17-96 REVERSING THE PLANNING COM- MISSION AND ALLOWING THE ROOF SIGN TO REMAIN Mayor Harrison said he would remove himself from the discussion because of personal, not financial, reasons. He turned the chair over to Vice Mayor O'Mahony. Councilwoman Janney said she had spoken to the acting city attorney regarding a possible conflict: the appellant's mother lives in the senior housing complex which Councilwoman Janney manages. The acting city attorney determined there was no financial conflict and she could participate in the decision. City Planner reviewed her memo of March 11 which recorlmended council hold a public hearing and take action. Nicholas Crisafi is appealing the City Planner's decision to keep a roof sign which faces the freeway on his property at 858-868 Burlway. Several months ago this warehouse/office building was severely damaged to more than 50 percent of its value by fire. The inside was gutted and the roof destroyed. Because of the extensive damage, the building lost its nonconforming status. The freeway oriented roof top sign became nonconforming when the new sign code was adopted in 1978. The roof top sign survived the fire though the supports were damaged. There are no permits on file for this sign and the applicant believes the sign was installed when the building was built in L954, before he bought the property. The shell of the building is under reconstruction. 461 The sign and its supports did not appear on the plans for a building permit to reconstruct the walls and roof. Planning staff noted in the plan check that the roof billboard sign would need to be removed. When a building inspector saw supports for the sign being attached to the new roof the site was red tagged. The work on the roof and the sign supports were completed after the red tag. At the February 26 meeting, the Planning Commission upheld the requirement for removal of the nonconforming sign. Staff responded to council questions about the building's original building permits in 1954 and lack of a sign permit; about the size and permit requirements for real estate sales and lease signs on commercial property; wondered what size sign could be placed on the side of the building; and inquired how the value of the building was determined; noted the sign was not damaged by the fire Vice Mayor O'Mahony opened the public hearing. Joe Cotchett, attorney representing the appellant, noted Nicholas Crisafi is Cotchett's father-in-law; said the sign is for It's It Ice Cream; told of history of Crisafi who rented first candy store to Art Preston and history of It's It; noted the building and sign in that corner of building was not damaged by the fire but sign was removed in order to replace the entire roof; Chief Building Inspector determined that 50 percent was damaged by fire, he said the valuation determination was a gray area and quoted city code section 18.08.032 while the Planner quoted city code section 25.50; the building is valued at $1.4 millionbut the building permit for repairs is only for $177,000, therefore he questioned the determination that 50 percent of the building valuation was destroyed; he called the sign a "beautiful, nice little sign" and noted Crisafi is a good man; they are agreeable to all city requirements, including wind tests, should council allow the sign to remain. Councilwoman Knight asked about It's Its other building and sign; Cotchett said they planned to keep that site also and expand business in the subject building, they will add more employment to our area; Councilwoman Knight said she had a real problem with people who get a stop work order and then proceed to complete work; Cotchett agreed that should not have happened. Nicholas Crisafi said It's It Ice Cream has taken a five year lease with five options; they plan to stay in Burlingame and would like to keep the sign; he spoke to the contractor about the stop work order; the hearing was closed. Vice Mayor O'Mahony asked the acting city attorney about tie votes since there were four council members voting. Acting Attorney said a tie vote would uphold the Planning Commission action. Councilman Spinelli asked about the 50 percent damage requirement and tenant improvements. Councilwoman Knight was concerned about several other nonconforming signs in city and setting a precedent if this is allowed. Councilwoman Janney said she had been inclined to uphold the Planning Commission but Cotchett had changed her mind. She moved to reverse the Planning Commission by adoption of RESOLUTION 17-96 with five conditions in staff report. Councilman Spinelli said he would second the motion if there were an amendment to reduce the size or placement of the sign. After discussion, council agreed to add condition that the sign would be lowered to the top of the parapet leaving enough space for air to circulate under it for wind loading. The appellant agreed to the condition. The amended motion was seconded and carried unanimously, 4-0-L, Mayor Harrison abstaining. PUBLIC COMMENTS Mayor Harrison resumed his seat. There were no public comments 46? ANNUAL REPORT OF THE BROADWAY BUSINESS IMPROVEMENT DISTRICT GID) - RESOLUTION OF INTENTION TO ESTABLISH ASSESSMENTS FOR THE BROADWAY BID FOR 1996-97 AND SETTING PI.]BLIC HEARING MAY 6. 1996 City Manager reviewed his memo of March 18 which recommended council accept the annual report submitted by the Broadway Business Improvement District (BID) and adopt a resolution scheduling a public hearing for May 6, 1996 for establishing the boundaries, assessments and classifications for 1996-97. There are no changes proposed from the present boundaries, assessments and classifica- tions. A notice will be published to advertise the hearing. Mayor Harrison said the district should be notified that the mid-day shuttle did not receive funding. Councilman Spinelli mentioned a business owner who had concerns about not being notified about the hearing last year and asked if he could be notified for this hearing. It was moved, seconded and carried unanimously to accept the annual report and to adopt RESOLU- TION 18-96 "A resolution of intention to establish 1996-97 Broadway BID assessments and set public hearing." The motion carried unanimously. COMMISSION APPOINTMENTS. RESIGNATION. AND TERM EXPIRATIONS Mayor Harrison reviewed the City Manager's Secretary's memo of March 20 which recommended council make an appointment to the Planning Commission and consider vacancies and term expirations for Park and Recreation Commission, Traffic Commission and Library Board. Mayor Harrison and Vice Mayor O'Mahony had interviewed for the Planning Commission term expiration of Commissioner Ruth Jacobs. Vice Mayor O'Mahony nominated Michael Coffey. Councilwoman Knight nominated Ruth Jacobs. The City Clerk conducted a roll call which resulted in Michael Coffey being appointed: Mayor Harrison, Vice Mayor O'Mahony and Councilwoman Janney voting for Coffey; Councilwoman Knight and Councilman Spinelli voting for Jacobs. Councilwoman Knight said she was a friend of Coffey but was concerned that he might have conflicts of interest with his business in the city; she expressed appreciation of Ruth Jacobs history on the Planning Commission. Mayor Harrison said Ruth had done a fine job but she has been on the Commission since the mid-1970's, missing only a couple years and he thought it was time for a change. Mayor Harrison asked that Vice Mayor O'Mahony and Councilman Spinelli interview for the Park and Recreation Commission. Mayor Harrison suggested a short recess while the interview subcommittee of Vice Mayor O'Mahony and Councilman Spinelli confer regarding several people they had recently interviewed for a previous vacancy on the Traffic, Safety and Parking Commission, in order to fill the vacancy caused by the resignation of Commissioner Ron Karp. The meeting recessed at7:52 p.m. and reconvened at 7:58 p.m. with all members present. The subcommittee recommended setting a deadline for new applications for April 30, 1996 for the TSP Commission. Mayor Harrison said two Library Board members' terms are expiring in June. Both of these board members are completing their first terms, would like to continue on the board and have been doing an excellent job. Councilwoman Knight moved to reappoint Jane Dunbar and Mary Herman to the Library Board. The motion was seconded and carried unanimously. 463 a CONSENT CALENDAR Councilwoman Knight said she would vote against item "9 c-3" because she was opposed to sales of alcoholic beverages on the streets for the "Art on the Avenue" event in September. INTRODUCTION OF ORDINANCE 1541 REMOVING LIMITATION ON SIZE OF GROCERY STORES IN C-1 DISTRICT. SUBAREA A. BURLINGAME AVENUE COMMERCIAL AREA City Planner's memo of March 26 recommended council introduce this ordinance to change zoning standards to eliminate a maximum size for grocery stores in Subarea A of the Burlingame Avenue Commercial Area and set a public hearing for April 15,1996. This change was requested by a representative of Safeway Markets at the last meeting and council agreed to make a change. This proposed change would allow grocery stores of any size in either Subarea A or B to request a conditional use permit. A conditional use permit is discretionary and such a request can be denied with reasonable findings. Any expansion or reuse of the existing stores or new stores would need to meet all code requirements, especially parking. b. INTRODUCTION OF ORDINANCE 1542 PROHIBITING SPITTING IN PUBLIC City Attorney's memo of March 27 recommended council introduce this ordinance to prohibit spitting in public. Our Police Department often receives complaints about groups of people congregating in public; one of the more obnoxious habits of some of these people is spitting on the sidewalk. While there are penal code sections which deal with such a violation, they involve a misdemeanor arrest and are far more expensive and time consuming than the offense warrants. This amendment to our code would allow the police to cite these people at the scene for infractions which could carry a fine as high as $270. City Manager's memo of March 26, with attached letter from the Chamber of Commerce, recommended council approve the requests subject to meeting the police department conditions and providing insurance coverage approved by the city attorney. The events are (1) Burlingame Avenue Merchants sidewalk sales - April 12 & 13 and August 16 & 17: (2) Community Picnic at Washington Park on October 6 (no alcoholic beverage sales and city cost of $400 for park clean up and opening recreation center); (3) Art on the Avenue, September 2l & 22 (police conditions including two to four officers for security and other conditions - includes sale of beer and wine); (4) Holiday Free Parking and Decorations (estimated meter revenue loss of $5,000); and (5) Burlingame Avenue Holiday Open House - December 6, 1996. Councilwoman Knight would vote no on item 3 "Art on the Avenue. " I)FNTAT rlF 'I ATIVT /1\ PTIEIEDT AGTITT AP. /r\ il/tAITPf) A I\/IADTA ITPPTTTTAd (3) BEATRICE COLLINS: (4) DOLORES NORTON City Attorney recommended denial of the following claims: (1) memo of March 22 re: Robert Aguilar for tree damage to vehicle; (2) memo of March 20 re: Mauro and Maria Umrtia for sewer overflow; (3) memo of March 25 re Beatrice Collins for comparative indemnity concerning a lawsuit by Janeece Marmelejo; and (4) memo of March 26 re: Dolores Norton for an auto accident. A letter dated March 27 was received from Norton's attorney. c. SPECIAL EVENTS REOUEST - CHAMBER OF COMMERCE 46 t, e RESOLUTION 19-96 AWARDING CONTRACT FOR RAY PARK TENNIS COURT MODIFICATION - CP 9602 Public Works memo of March 25 recommended council award this project to G. Bortolotto & Company in the amount of $42,370. This project is to repair and construct an existing tennis court and modify an existing basketball court at Ray Park on Balboa Avenue. Councilman Spinelli moved approval of the Consent Calendar. Seconded by Vice Mayor O'Mahony and carried unanimously, Councilwoman Knight voting no on item 9 c-3. - None. OLD BUSINESS - None NEW BUSINESS Vice Mayor O'Mahony recommended the city accept the generous donation of a "BenningtonT6" flag from Traffic Commissioner Mario Amoroso. Council concurred and asked staff to respond to his letter and to display the flag in city hall lobby. ACKNOWLEDGEMENTS Commission Minutes: Broadway BID, January 9 and February 13; Beautification, March 7; Traffic, Safety and Parking, March 14; Planning, March 25,1996. Department Reports: Police Report, February 1996. lrtter from City of Covina requesting support of SB 1977 regarding shift of some sales taxes to cities. d. lrtter from Art Michael requesting to meet with Mayor regarding use of his property Mayor Harrison said he called Art Michael and learned Art's concerns are about an easement at the rear of his property. Mayor Harrison will meet with him later this month. Irtter from Chamber of Commerce regarding BART. ktter from PG&E regarding new procedures since the December storms. ktter form William Covall regarding need for stop sign at Canyon and El Prado. Referred to County Public Works department. Irtter from 12 residents of t469 Bellevue petitioning for assistance in lengthening timing of "walk/don't walk" signals on El Camino. Public Works Director said he would meet with these residents. These intersections are under State jurisdiction. a. b c e. f. (,b. h. i. ktter from Harry Shipman commending employees of the library. 465 Irtter from Mario Amoroso who would like to donate a "BenningtonT6" U.S. flag to the city. Staff will relay council's acceptance of the flag. j k Letter from San Mateo Union High School District thanking city for donation to Latino Peace Conference. I CLOSED SESSION At 8:11 p.m.the Mayor adjourned the meeting to a Closed Session regarding (1) litigation, City of Burlingame v. Hernandez and (2) labor negotiations with the Police Officers Association. BURLINGAME V. HERNANDEZ The open session reconvened at 8:35 p.m. The City Council directed the Acting City Attorney to seek a court decision which will avoid the need for further proceedings before the City Council which may include lowering the satellite dish antenna on the existing pole from two to three feet and maintaining appropriate screening, as long as the antenna is removed when the house is sold. ADJOURNMENT IN MEMORY OF MYRON MOSKOVITZ AND LUCIAN E. CONN Mayor Harrison noted with sadness the death of Myron Moskovitz, a former Civil Service Commissioner and Senior Commissioner. Mayor Harrison also mentioned the death of Lucian E. Conn, a former teacher at Burlingame Intermediate School. Mayor Harrison had an opportunity to talk to Lucian a few days ago when Lucian was at city hall to pay his water bill. After a moment of silence, the meeting was adjourned in their memory at 8:37 p.m. Judith A City Clerk Proclamations: Congratulating Foster City on its 25th Anniversary; Proclaiming Professional Secretaries Day, April 24; Proclaiming Dr. Nicholas Gennaro Day on April 24, 1996.