HomeMy WebLinkAboutMin - CC - 1991.02.20BURLINGAI.{E, CAIIFoRNIA
February 20, 7.99L
CALL TO ORDER
A duly noticed regular neeting of the Burlingame City Council was
held on the above date in the city Hall Council chanbers. The
meeting was ca11ed to order at 7:31 p.n. by Iilayor Gloria Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Chief of Police Fred Palner.
ROLL CALL
COT]NCIL PRESENT: BARTON, HARRISON, LEMBI , O I}IAHONY, PAGLIARO
COT'NCIL ABSENT: NONE
MI ES
Minutes of the Regular Meeting of February 4, L99L and the study
Meeting of February 5, l99l were approved unanimousl-y.
ADMINISTRATIVE HEARING - APPEAL OF SUSPENSION OF MASSAGE PERMIT
BAYSHORE HIGIIWAYFOR LOUIS STUDIO . 1308
city Attorney reviewed his merno of February 12 which recornmended
council hold an administrative hearing and take action. on
Decenber 20, 7990 the Police chief sent a nemo to the City
Manager recommending that the massage parlor license for Lours
Studio at 1308 Bayshore be revoked. The basis for the request
was that officers found doors locked, masseuses working without
pernits and indications that illegal acts t/ere taking Place on
the premise. Notice was given to the operator who requested a
hearing before the city Manager. That hearing was held on
January 25 and the city lttanager suspended the pernit for sixty
days. The operator has appealed that decision. This is not a
puUtic hearing, it is in effect a trial-. ft is ca1led a hearing
de novo since council- is not revj-ewing what was presented to the
City Manager but rather is hearing al-I the evidence and making an
independent decision. Because it 1s an administrative hearing,
hearlay evidence can be adnitted and a decision can be partially
based upon that evidence; aII witnesses are sworn in. council
nay disrniss tlre matter, affj-nn the decision of the city Manager,
or increase or d.ecrease the penalty. In order to avoid any
question arising fron the City Attorney advising both Police and
€he council, vre have hired Dick Bennett to represent the Police
Department and present the case. Stuart Hanlon, attorney, would
represent AIan Lawson, otner of Lours Studio.
Dick Bennett, attorney for Police Departrnent, presented council a
file of evidence to which he would refer s/hich included police
reports of incidents at the site and letters to the ol^rner from
the city Attorney and City Manageri he believed council woul-d
have grounds to ievoke the license; he referred to the city code
sections regarding operating requirements for massage parlors,
specifically that enployees would remain fully clothed, doors
would remain unlocked, and pernits shall bear the picture of
employees and would be posted conspicuously. He call-ed Police
ofiicers Eric llaseleu, Peter Tokarski, Tom Marriscolo, Dean
Asimos, Jack Van Etten, and Buzz Kruttschnitt, $/ho testified that
they had observed occasions on which they found doors locked,
enp-loyees part j-al.ly unclothed, patrons putting on pants, permi'ts
nol neinq posted, pnotos not attached to perrnits, invatid permits
and one irrest for prostitution; moreover Patrons adrnitted to
paying for acts of prostitution at the premise on several
oc-asions; a person named Loo under investigation for another
crininal rnattEr has stated that another employee, Thuy Kim
Bailey, has committed acts of prostitution and she is stil1
ernployed at Lours.
166
L67
Stuart Hanlon, attorney for AIan Lawson, owner of Lours studio,
questioned $/hether Haseleu recalled exactly v/hat was said to
Lawson on the occasion of applying for the license, since no
notes were kept r' objected to hearing about testimony from patrons
who were not present to corroborate; noted that when an employee
rr/as arrested, she was fired by Lawson; that no convictions were
made of those arrestedr' that Lawson had changed al-l the door
handles so they cannot be locked, he presented a receipt for this
work; that the permits were now displayed in the ha11; he ca11ed
Alan Lavrson, ovrner, and ELsevira Howard and Mary Burgess,
enpfoyees, who testified that they had not observed locked doors,
that arrested employee had been fired; that doors had been
changed to prevent locking; that Lab/son is at the prernise four orfive hours a day, during the morning and again in evening; that
another manager, Andy Hack, bookkeeper, is on the site at other
tirnes; they noted city 1aw that until september 1990, temporarypernits were allowed. They ackno$rledged that an employee narned
Thuy Kin Bail-ey is still enpLoyed.
CounciLnan Ilarrison noted that Lawson onl-y changed the l-ocksafter the hearing with City Iilanager. CounciLnan Lembi said
La\^/son told of receiving a copy of the city ordinance when he gotIicense, so he should have been aware of rules. Council-man
Pagliaro deterrnined Lawson owned another massage parl.or in Cofuna;
employees are paid a percentage of fee they take in; Lawson toldall- employees not to lock doors; Lav/son put up framed permits andphotos in hallway about a month ago, previously they were posted
in the employee room; La$rson assumed the city would put photo onpernit since city asked for two photos when application was rnadefor a permit, Councilwoman otMahony asked Lawson who does hiring
and firing, Lawson said he did; she asked what criteria forhiring, Lawson said he relied on police investigation; she notedsince he received the ordinance when he purchased the business he
should have been aware of the city rules.
Bennett concluded that this establishrnent has been a problem forover one and a half years; ]ocked doors have been observed bypolice officers on severaL occasions; employee perrnits have not
been properly displayed, nor have they contained photos asrequired; Thuy Bailey is sti11 employed there; he said councilhas grounds for revocation of the massage license.
Hanlon then concluded, if the license is revoked council would betakingr away the livelihood of Lawson and the people he employs;the constitution protects the right to run a business; if thiswere a restaurant or bar, council wouldn't be proposing this,.people who made charge of prostitution are not here to testify;
hearsay testimony does not apply in a real- court; Thuy Bailey isaccused by Loo, but there is no evidence and Lalrson cannot fireher because of this accusation; does not deny doors might havebeen l"ocked, but Lawson has changed handles so the doors cannotbe lockedr' temporary pernits were allowed up until two nonthsago,' Lawson has taken steps to rectify a1I the problems; they areno longer violating the Iaw and should be allowed to continue.
councilnan Pagliaro said he $/as a prosecuting attorney for sometine; he believed Lahrson was naive, there is no question in hismind that massage parlors have a bad reputation; not every one isbad, but Lawson ran his business in a sloppy nanner; there is noevidence that Lawson acted as pirnp or procurer, but the DistrictAttorney is deciding hrhether to prosecute this business; closinga business for 50 days, as recommended by the City Manager, is iconsiderable penalty; only one person was actually arrested forprostitution, then over a year goes by with no activity; seems itis a rather recent problem; not sure 60 days is appropriatepenalty, rather severe.
CounciLnan Harrison said it appeared prostitution has taken placeat the site; looking at the overaLl picture, he believed therev/ere grounds to suspend or revoke the License.
168
ADDTNG HO S OF. OPERAT ION
City Attorney reviewed his rnemo of February 5 which recommended
council adopt this ordinance to amend the cityts massage
establishnent requirernents. A number of changes are c1erica1,
but substantive changes including those suggested by council at a
previous neeting are also included, such as eliminating any
reference to trainees; naking the application procedures for
orrners and enployees simifar; requiring applications from each
officer of a corporation or nember of a partnership; more
specifics about identification and past history; requiring. doors
rlrnain unlocked; clarifying written and oral misrepresentations
are basis for denial or revocation; raising feesl penalties for
failure to notify of changes in operationsl and requirements of
annual renewals. The ordinance also includes an addition to the
zoning code to linit hours of operation to bet!'reen 7:00 a.n. and
10:30 p.m. and this would apply to existing as well as new
establishments.
Itlayor Barton opened the public hearing.
Gordon Rockhi11, attorney representing the Executive Spa, a
massage parlor, asked council to consider the hardship for
busin6ss- the limited hours would make, most of their cl-ients come
in for a massage after srorking hours, their busiest time is from
4:oo p.m. to rnidnight when they close. He kneh, of no massage
parloi that opened at 7:oo a'n. He asked council to consider
Lxtending the t irne until uridnight. He said that nany of the
wornen who work at massage parlors use pseudonyms because the
clientele are not always the best of character; if the work
perrnits must be posted conspicuously with their correct names and^.ddr"rse=, and photographs, the wornen night be endangered; -hesuggestea'tnat ^ttre elnptoyee roon might be a good place.to display
th6ie because they woula- be accessible to a police officer, but
not the public. He questioned need of a medical certif icate,'
this is I financial hardship for employees each year, and
wora".ea why denial if they have an iniectious disease, there it
could be aeiriea if they had a cold. He suggested council
reinstate the use of trainee permits because it takes such a long
iime for fu11 permit to be processed. He asked the meaning of
Section 6.40.O-gO which asks whether an applicantrs rrcharactar and
responsibility are satisfactorY," ald suggested this- is a.
r"gri.l"tory stltenent that all'orrs rejection of an applicant for no
rei=o.r. ite also objected to section 6.40.110 v,hich all-ows
otfi"iutt of the cily to enter the premises for inspections to
observe and enforce Lornpliance with the massage rules as well as
councilnan Lenbi agreed there appeared to be a lack of
supervision at the siter' see a lot of poJ-ice effort spentvisiting this one establishnent; it is an attractive nuisance;
the right to run a business is incurnbent on action of the o$rner;
Lawson has fired sone girls and not othersi he had no problern in
revoking this license.
Councilwonan O I }lahony concurred with council; a responsible
business nust follow regulations r' she believed if doors were
locked, there nust have been some reason for locking then; she
believed testimony of police officers; she would uphold a
revocation I council will continue to hratch this type business.
uayor Barton said she did not take lightly the takinq away of a
business license but she couldnrt believe Lawson did not know
this activity Iras taking placer' for Lasrsonrs infornation, she
noted that council has also closed down bars which did not obey
the 1aws.
councilwoman otMahony rnoved to revoke the massage license of
Lours studio. Seconded by councilman Harrison, carried
unanirnously by rolL caII vote.
PUBI.,IC HEARING - SECOND READING - ORDINANCE 1431 - A}IENDING
PERMIT REQUIREMENTS FOR IIIASSAGE AND BATHING ESTABLISHI'IENTS, AND
169
building, fire, electrical, plunbing and health regulations; he
suggested this is another unnecessary regulatory statenent.
City Attorney responded that courts have upheld inspections bycity officialsr' he felt language in ordinance was appropriate.
Stuart Hanlon, attorney for Lours Studio, agreed with Rockhill;
hours should be extended until nidnight; city is atternpting toclose down aLl these busi,nesses r' he was sure more crimes takeplace at 1ocal hotel bars and restaurants than at massageparlors .
Mayor Barton closed the public hearing.
Chief of Potice responded to council that it could take up to 30
days to get results of fingerprinting investigation; he said apernit could be issued immediatety after results are in. Council
agreed Rockhill had some good points regarding the phraserrcharacter and responsibility; tr hours of operation, 7:OO to l-2:oornidnight was reasonable; and about posting permits where generalpublic can see them.
councilman Lembi moved to adopt ORDINANCE 1431 with changes tosections regarding hours of operation to extend until rnidnight,to require posting of permits in an area accessibLe to officers
and to clean up the phrase about rrresponsibility. tr Seconded by
CounciLnan Pag1iaro, carried unaninously.
REVISION OF ARCHITECT AGREEMENT FOR FIRE STATION
city Manager reviewed the Fire chief's memo of February i,2 which
recommended council approve a renegotiated agreement \^rith thearchitect to return to building plan number one with somenodifications. The architectts contract would be revi,sed frorn
$367,151 to $276,460. After several meetings with the architect
ifornia Drive, with one story additi,on on the south side ofbuilding behind the existing rrall/fence.
councilman Lenbi asked Fire Chief if this is design they want;Chief responded this will give flexibility to move equipment tovarious sites. Councilman Pagliaro wondered if this contractrequires a separate construction manager; was concerned aboutcost; staff responded that a separate construction manager wouldresult in better qual.j,ty controls, cost would be approxinately 3percent r' this letter amendnent would be attached to the originalcontract to nodify it; contract says costs t ould be negotiated.
Council directed that staff negotiate with the architect about afirrn price for construction nanagement costs and corne back to thenext meeting with contract.
RESOLUTION 2O-9I - AUTHORIZING ISSUANCE OF PRELIMINARY OFFICIAL
STATEMENTS AND NOTICES, FOR SALE OF CERTIFICATES OF PARTICIPATION
FOR WASTEW TER TREATMENT PLANT OVEMENTS
City Manager revi.ewed his nemo of February 12 which recommendedcouncil adopt the resolution to proceed with issuance ofcertificates of participation. On Novenber 5, LggO, counciL
approved the selection of Rauscher pi,erce Refsnes as financialadvisor and orrick, Herrington, Sutcliffe as bond counsel forfinancing sewer treatment plant construction improvements. TheCity Treasurer and staff have been working with these consultantsto j.ssue approximately $fO to 911 rnillion in certificates ofparticipation (COPS) to finance these improvements. COps are a
conmon form of lease financing last used by the city in J,983 tofinance similar inprovements. Our current timetabl,e ca1ls forreceiving construction bids on March 1 and COp bids on March 18.
and
fir
pro
The
ca1
the
fornation of an in-house station desi-gn cornmittee made up ofe fighters, a new concept similar to the original buildinggram approved by council has been proposed to the architect.
new station would be sinilar to the o1d station at 799
170
Both these bids are scheduled for counciL award at its rneeting of
l,larch 18, 1991.
Councilnan Pagliaro asked about the leasing officer; city uanager
said the leasing officer is a separate corporation. council-woman
o'ltahony had several questions; staff responded about the purpose
of lease back; the seni-annual payment
and if sewer funds do not cover the cos
general fund r' city rating is AA-, only
high rating is San Diego, and the city
the raters regarding thisl normal .insur
of earthquake damage.
coming from sewer funds,t funds woufd come from
other city having such ais stilf negotiating with
ance does not cover cost
councilman Lembi moved adoption of RESoLUTIoN 20-91 Authorizing
Official Statenents and Notices. seconded by councilnan
Harrison, carried unanimouslY.
CONSENT CALENDAR
Councilman Harrison questioned the procedure for selecting the
Low bidder for city hal1 remodet; staff said this procedure is
required by l-aw; this contractor has done other work
satisfactorily for the citY.
a. RESoLUTION 2]--g]- - APPRoVING coNTRAcT To oPERATE coNcESSION
STAND AT BAYSIDE P A.RK
Recreation Directorrs memo of February 12 recommended
council approve an agreement with Deacon Deacoff to operate
the conceslion stand at Bayside Park for the 1991 calendar
year.
RESOL TON 22-91 - CONTINUING THE SENIOR RITION GRAMb
Recreation
council ap
Program fo
Thursday I
the fiscal
year of $4
Department meno of February 11 recommended
proie a resol,ution to continue the Nutrition-r seniors. The program is to continue Tuesday and
unches and will Lerve nearly 7,ooo lunches during
year at a net cost to city in the L99l-92 fiscal
,390.
d
c INTRODUCTION OF ORDINANCE ]-432 - AIUENDING ZONING CODE
coNc ING PRO HIBITION O F MEDI U SE IN C-l SUB EAA
s ACCES S AD CP a02
e RESO UTION 24-1 AWARD TNG CO CT FOR CI Y HALL R ODEL
RESOLurroN 2 5-91 . AI.{ENDIN G PI,ANNING DEPART}.,IEN FEES
city Plannerrs memo of February 12 recommended council
intioduce this ordinance r' in February 1990 council adopted
ordinance 1403 to clarify certain terns regarding comnercial
uses, inadvertently in changing the language we did not
continue the prohiLition of doctor offices in sub Area A of
the Burling.nl Avenrr" Cornmercial- Area. This correction
would add ihealth servicesrr to section 25.36.031 (c) which
regulates office use in Sub Area A.
RESOLUTION 23-9L - ACCEPTING COMPLETION OF MII'LS CANYON
Public l{orks memo of February 13 recommended council accept
conrpletion of the construction of the Mil1s canyon Sewer
Acclss Road as conpleted by Sarott construction in the
amount of $164,887.55.
Public works meno of February 13 recommended council approve
the contract with Basic Modul-ar Facilities in the amount of
S2L,95O for CP 915, Phase 1B.
f
City Ptannerrs memo of f'ebruary 14 recommended council
.ppio.r" a new fee schedule as discussed at the study meeting
L7L
of February 6. The revised fees should about double the
revenue of the department.
g. RESOLUTIoN 26-91 - AUENDING BUILDING FEES FoR ENERGY
CONSERVATION CHECKS
Public works memo of February 14 recommended council approve
revision of the Building Department fees for energy
conservation submittals by adopting a rate of 35 percent of
Table 3A of the Uniform Building code, 1988 edition.
h. ENCROACIIMENT PERMIT FOR FENCE AT 1915 ADELINE DRIVE
Public works memo of February 13 recommended council approvethis encroachrnent perrnit for a wrought iron fence with brickpilasters at the corner of Adeline and Bernal.
i. DENIAI., OF CLAfM OF PAULA BERTUCCI
city Attorneyrs memo of January 29 reconmended council deny
this clain for a sewer blockage.
). WARRANTS AND PAYROLL
Finance Director recommended council approve warrants
13218 - 13593, duly audited, in the amount of $773,103.69and Payroll checks 33a57 - 35002 for the nonth of January
1991 in the amount of $1, L66,255.07.
counciLwonan otMahony moved approval of the consent calendar.
seconded by Councilrnan Harrison, carried unanimously.
COI]NCIL COMMITTEE REPORTS
TSM: councilman Harrison reported that the committee has
approved the date of August L, L99L as the date by which all
businesses with over 100 employees must conply with TsIrI
requirernents. The group is having difficulty in dealing with theairport, which is the largest enployer. He also distributed
copies of Senator Kopp's sB 226 and asked council to qive hirnreactions at the next rneeting.
Homeless Task Force: Councilnan Pagliaro said there is a site inthe l,t-1 area of San Bruno which might be used for temporary
housing, it is on bus line; local churches are working for an
emergency location.
Convention & Visitors Bureau: Councilman Lenbi reported thattravel is off and room rates are over 60 percent down.
OLD BUSINESS
NEW BUSTNESS
I"larriott Hotel Request: Council-man Lembi distributed a letter
from the Marriott Hotel asking for help in accomrnodatingr aconvention planned for the hotel . The hotel has l-earned it
cannot use its garage for activities during that convention anduould like to install a tent in the parking 1ot for that use.
The perrnit process will take several weeks and the conventionplanner must kno\,/ nos, in case they have to move to another hotel-.
He thought there should be some flexibility to alIow council- tohelp hotels in this situation.
Water: Councilman Harrison asked if the city is rnaking any
allowance for those people who suffered frozen and broken $/aterlines during the freeze and !,rho therefore used excess water.Staff said no allowance was nade, the city is being fined by San
Francisco water and the fine is passed on to the user. Mayor
Barton noted that Los Angeles is levying a 10 percent water usereduction, she wondered how they get array rrith this. Staff said
Los Angeles has different s/ater suppliers.
172
Councilwoman O'Ilahony thought there might be some type of
emergency process placed in code. councilnan Pagl-iaro mentioned
that council has talked for years about Marriott getting rid of
their valet parking services to nake parking garage available;
the hoteL has been unresponsive; then they make illega1 use of
the garage; now they want to use at-grade parking; what will they
do rrhen the tent is in place to address parking needs. Staff
will request additional information frorn the tlarriott and
schedule it for council review as soon as possibJ-e'
Schedule Appea1 Hearing: Mayor Barton scheduled an appeal-
hearing for the Uarch 4 meetinq for L542 Los Altos Drive.
RESO 27 -9L REV OKING LOUIS STUDIO MASS E PERMIT
City Attorney read a resolution making findings to revoke the
massage permit for Lours studio.
Councilwoman O'Mahony moved adoption of RESoLUTIoN 27-97.
seconded by Councilman Lembi, carried unanimously.
TSP commission: council had no obiections to the Traffic
commission changing its meeting time from 7:30 to 7:00 p.n.
ACKNOWLEDGE}IENTS
commission Minutes: Beautification, February 7; civil
service, January 8i and Planning, February 11, 1991.
1
2
3
4
5
Letter from Victor Sangervasi regarding trees blocking his
view.
Department Reports: Treasurer I s,
Report, January 1991.
January 3\, !991-i Police
Letter from BiLl Van Ilorn regarding paving of Bernalr' staff
response .
Copy of letter to MTc fron Miltbrae regarding BART to
airport.
Council asked for letter to MTC in support of Miflbraers letter.
Letter from senator Kopp regarding county booking fees and
fees for collection of property taxes.
FROI.,I THE FLOOR
There were no comments from the f l-oor.
ADJO ENT
Mayor Barton adj ourned the meeting at 11:48 p.n
Jud ith A. Malfatti
6
city clerk
city Planner said council could make a code revision to a1low
sone type of temporary permit under special circumstances i staff
noted the hotel has been aware of the permit requirements for a
number of nonths.