Loading...
HomeMy WebLinkAboutMin - CC - 1990.11.05116 BURLINGAME, November CALIFORNIA 5, 1990 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council \"ras held on the above date in the City HaII Council Chambers. The meeting was called to order at 7:31 p.m. by Mayor Don Lembi. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Boy scout Troop 10. Mayor Lembi noted this troop had just celebrated its 75th anniversary in Burlingame. COUNCIL PRESENT:BARTON, HARRISON, LEMBI , OIMAHONY PAGLIAROCOUNCIL ABSENT: MfNUTES ADMINISTRATIVE HEAR]NG . REVOCATION OF MASSAGE PARLOR PERM]T AT 1103 JUANITA AVENUE ROLL CALL Minutes of the Regular Meeting of october 15, 1990 and the Study Meeting of october L1 , !990 rrere approved on motion of CouncilmanHarrison. Seconded by Councilwoman o'Mahony and carried 4-0 with Councilman Pagliaro being absent. City Attorney reviewed his memo of October 24 which recorunended council hold an administrative hearing and take action on this appeal from the city Manager's decision to revoke the permit for a massage and bathing establishment at 1103 Juanita owned by Pongsai Yaipan. He introduced Dick Bennett, the attorney representing the Po1ice Department. Dick Bennett said he would ask council to sustain the decision of the City Manager to revoke the permit which was based on the recommendation of the Police Chief. He read portions of the City Manager's letter (Exhibit 10) dated October 15, l-990 to Pongsai Yaipan regarding the revocation of her permit and he introduced Exhibits 1 through 13 to which he would refer during the hearing and testimony, he read the lega1 basis for revocation of thepermit and findings necessary for council affirmation of the revocation. He called on Sergeant Kruttschnitt of the Burlingame Police Department who was sworn in by City C1erk. Kruttschnitt said he was a 27 year employee of the Departmenti he had reviewed an application from Pongsai Yaipan in December 1989 (Exhibit 1) for a massage establishment at 1849 Bayshore, he met with her husband Anthony Allison who said Yaipan would be the owner of the business. The application was approved but this business never opened. Another application from Pongsai Yaipan was received in JuIy 1990 (Exhibit 2) for a massage parlor at 1103 Juanita. Onthis application she wrote she used no other names, had no employees, nor had any massage businesses. He gave approval on JuIy 16. Bennett asked if Kruttschnitt had known that she owned the Paradise Spa in San Mateo, and had had employees that were arrested for prostitution would the permit have been granted, he replied no. Attorney Charles Katz, representing Yaipan and Allison, reviewed the application process with Kruttschnitt and wondered if he was concerned about her being "se1f employed"; he noted nowhere on the application does it ask specifically if she owned a massageparlor; he contended that she misunderstood the questions. Councilwoman Barton asked Kruttschnitt if there was anlnvhere on the application about previous employment, he said yes and pointed out that she wrote N A. Commander Tom Chase was s$rorn in; he sahl the advertisement in the newspaper for House of Bangkok in the same ad with Paradise Spai he looked at the police file to see if House of Bangkok was owned by same owner as Paradise Spa, the application did not list any LL7 affiliation; he was concerned about the responses on the application regarding Yaipan being "seIf employed" he called and AIIison said he could speak for her and that she worked out of their home with him in real estate speculation business; Allison said his wife \.ranted her ohrn business; Chase went to city of San Mateo and got a copy of Paradise Spa business Ij-cense with oh,ner listed as Pongsaj- Martinezi he noted Martinez and Yaipan had the same home address; he has since determined that Martinez and Yaipan are the same person; there have been arrests forprostitution at the Paradise Spa, he obtained copies of the police reports from the arrests (Exhibits 6 and 7). Bennett noted inprostitut called Al interview bus ine s seput his w he filesapplicati tho ion ;asaife for ons se reports that an employee said the owners allow at Paradise Spa. Commander Chase testified he then on and asked him and Pongsai Yaipan to come in for an t the interview Allison said he has several nd they are stretched to the limit financially, so he as owner of both businesses; because of transactions tax purposes he may have filled out these incorrectly or made inadvertent omissions. Chase asked why they used the name Pongsai Yaipan instead of Pongsai Martinez; Allison said Martinez is her former marrj-ed name. Bennett asked if they explained omitting ownership of the business at Paradise spa; chase said Allison claimed he must have become confused with aII the number of forms he had to fill out for businesses and inadvertently omitted this ownership. Bennett asked if the permit would have been granted if these facts \"rere known at the time of application, Chase said no. Attorney Katz said when Chase talked by phone to Allison and Allison said his wife wanted to start a new business, wasntt the House of Bangkok a new business; Chase heard that owner of Paradise Spa had been arrested but after further investigation found that Yaipan had not been arrested. Katz asked if anything in police reports other than statement by an employee linked his clients with running a house of prostitution, chase replied no; did chase ask if they ovrned Paradise Spa, chase said they answered yes. Katz contended that his clients did not lie; when asked specifically they responded truthfully; they filled out the application correctly. Councj.Iman Harrison noted that the application was approved. After oral questioning Allison may have been truthful, but the application submitted earlier lacked this information given oralIy. Councilwoman Barton was surprised that the city of San Mateo allowed this business to continue when arrests were made for prostitution. Mayor Lembi noted those arrested were employees of Allison and Yaipan but on the application they said they had no employees . Bennett then reviewed findings required for revocation and asked council to take action. Katz read that City Code 6'40.040 says a license shall be granted if questions are anstdered on application, he contended that they answered all the questions; oral questions are not grounds for revoking; if the whole process is to find out about prevj.ous massage business, then the application should ask that question; they answered all the questions and should be allowed a permit; there is no evidence of intent to deceive. pplicants should haveCouncil members commented perhaps thtestified; when application asked fo nicknames, she responded Pam - that earais ny other namesa lie; when app or l ication what havely deceittion vrhen asks for previous employment, anyone knows that means you been doing for the past few years; there was clear and lies; can see lvhy they lvouId not volunteer informa employees were arrested. Councilwoman O'Mahony moved to uphold the City Manager's revocation of the massage business permit because the applicant gave misleading or fraudulent statements on the application and included findings that: l-. The applicant failed to disclose the information required by Section 6.40.040, items 5, 6 and 9 - specifically: 118 a. The applicant failed to disclose her business occupa-tion or emplol.ment for the three years immediately preceding the application.b. The applicant failed to disclose her ownership of the Paradise Spa, San Mateo, a massage business.c. The applicant failed to disclose that she had employeesin a business operated three years immediately prior to the appli-cation.d. As spokesman for the applicant, the applicantrs husbandoraIIy disclosed falsely that the applicant had been employed in the home in a real estate development business and the applicant herself was present and acquiesced in this statement.e. The applicant failed to provide such other indentifi- cation and information necessary to discover the truth of the matters herein before specified as required to be set forth in the application in violation of (9). 3. The applicant's failure to disclose, false disclosures, and omissions as specified above are grounds (1) to have denied thepermit in the first place and (2) to revoke the permit presently under the provisions of section 6.40.180. The motion was seconded by Councilman Harrison and carried unanimously 4-0 on roll call vote. Mayor Lembi calIed for a recess at 8:50 p.m. The meeting reconvened at 8:58 p.m. with four council members present. REVIEW AND APPROVAL OF A ENVIRONMENTAL IMPACT REPORT FOR HOTEL AT 480-460 AIRPORT BOULEVARD APPEAL FOR A 3OO ROOM HOTEL AT 480 AIRPORT BOULEVARD APPEAL FOR A ],50 ROOM HOTEL AT 460 AIRPORT BOULEVARD - CONTINUED Mayor Lembi noted a letter from the applicant of this tt"ro-hotelproject requesting continuance until the next meeting because of the absence of a council member. Council had no objection and Mayor Lembi rescheduled the hearing for November 19, 1990. APPEAL FOR SIGN EXCEPTION AT SHERATON HOTEL, 1177 AIRPORT BLVD. CONTINUED Mayor Lembi acknowledged a letter from the applicant requesting continuance until December because the principals of the project \^rould not be available until that time. Council had no objection and Mayor Lembi continued the hearing until December. APPEAL OF SIDE YARD SETBACK VARIANCE FOR A CARPORE, 120 BANCROFT DENIED WITHOUT PREJUDICE - CONTINUED TO JANUARY 1991 2. The applicant failed further to respond to oral questions accurately, indicating a lack of character and responsibility inviolation of Section 6.40.080(1). City Planner noted that Sims was present at the beginning of the council meeting, but was no longer present. council determinedto continue $rith the hearing. City Planner reviewed her memo of october 26 which recommended council hold a public hearing and take action. Robert Sims is requesting a side yard setback variance (4 feet required, 1 foot, l-0 inch requested) in order to retain his 1"2 foot by 32 foot covered carport added in 1989 to the single family house at 120Bancroft, In testimony at the Planning Colrunission hearing, Mr. sims stated he received a building permit for a new garage and carport in the 50's. At that time after some dispute about the side setback approved by the city, he built the garage vrith a one foot 1,0 inch setback as agreed with the then Chief Building Inspector and City Planner. He did not build the carport at that time, nor did he call for a final inspection of the garage. rn l-989 he decided to build the carport, aligning it with the setback of the garage. The property line walf is open except for a few posts holding up the roof. fn 1989 he did not apply for another buitding permit. The maximum time any building permit is valid under rules in effect in the 60's was three years. This item is a code enforcement issue brought to the cityrs attention 119 by a compLaint. The Planning Corunission approved the variance with a requj-rement that a one hour fire waII vrithout openings be built along the property line side of the carport, and that the permit be reviewed in five years. Sims appealed the requirements. Council discussed the Pfanning Commission's requirements; a 32 foot long wall along the property line would be objectionable for the neighbor to look at; review in five years, and then might have to tear it down didn't seem right. They discussed the importance of fire safety and not making exceptions to the fire code and talked about other methods of construction. Councilwoman o'Mahony said since the carPort is unsafe without fire walIs, and sj-nce Sims has a garage for his car and the garage is not a great distance from his house, she thought the garage should be used and the carport removed. Mayor Lembi opened the public hearing. There being no comments, the hearing was closed. Councifman Harrison had a problem with putting up a fire wall and doing away with greenery a Barton said she had visite make an exception to the f way to solve this problem. he property line . Counci l\"romanith Sims at the site, she could not code and asked was there any other ayor Lembi suggested denying without ttdwire Mprejudice in order for Sims to find another solution. Fire chief said a possible alternative might be instalLation of sprinklers but he did not know if that was acceptable within building code. Councilman Harrison moved to deny without prejudice and have the applicant return to the city council in early January for review. seconded by Councilwoman orMahony, carried unanimously by ro11 call vote. URGENCY ORDINANCE 7426 - LIMITING LOCATIONS OF MASSAGE AND BATH- IN G ESTABLISHMENTS AND ADULT BUSINESSES City Attorney reviewed his memo of October 23 which recommended council hold a public hearing and take action. At a recent meeting in response to a situation where a massage parlor proposed to open on Juanita Avenue adjacent to a single family iesidential area, council directed that an ordinance be prepared to restrict massage businesses to certain districts away from residential areas. The first part of the ordinance makes changes in the Massage and Bathing regulations (Chapter 6.40) of the city code; the next part deals vrith changes in the zoning code (Title 25) to add definitions and to make clear prohibited and conditional uses in certain zones, to make massage and bathing establishments prohibited in C-L , C-2 and M-1, and conditional in c-3 which is the area around Peninsula Hospital and where massage business might be a legitimate medical service. Fina11y, the ordinance defines and locates adult entertainment businesses, limiting them to the C-4 zone, and ends with an urgency clause requiring a four-fifths vote of council. Mayor Lembi determined that the C-4 zone is located east of the freeway, conmonly known as the Anza and Bayshore areas. Councilwoman Barton was familiar with beauty parlors and skin treatment businesses which employ masseuses in leqitimate business. City Attorney said this would not affect a business already in existence but a new masseuse in one of these businesses would not be a11owed. Mayor Lembi opened the public hearing and noted that the citizens have seen that council has taken action on this issue; he showed a flier which was circulated to neighbors in the affected area and said he objected to it, he knew it was done with good intentions, he asked speakers to be brief and to the point and not to repeat another speaker. Donna Gaul, 1237 Laguna, said the flier was meant to get thepubtic to this meeting, without it they would not be aware of what is going on. She vras j.n favor of the ordinance. Robert L20 caul thanked council for the action it took tonight against the massage parlor and applauded the ordinance. Another resident on Laguna, said he would not be here except for the flier he received; he approved of the ordinance and suggestedthat adult businesses only be allowed 1000 feet east of Bayshore. Arlen Bennett, was here because of the flier; she is a registered masseuse and was concerned about legitimate massage business not being allowed; she says she works on a volunteer basis at the present time; she thought massage businesses should be state regulatedi she approved of the ordinance. AIan Horn, 1325 Paloma, thanked council for its action. Mayor Lembi closed the hearing. Councilman Harrison added his thanks to the Police Department forgetting the facts regarding the massage business. He moved for adoption of URGENCY oRDINANCE 1426. Seconded by Councilwoman O'Mahony. Councilwoman Barton said it was tragic to disallow a l-egitimate business such as the licensed masseuse who spoke, there are respected people who do massage, but she would not vote against this ordinance. The motion for adoption carried 4-0 on ro11 call vote, Councilman Pagliaro being absent. COMMTSSION APPLICANTS - TSM APPLICANTS City Manager reviewed his memo of October 23 which reviewed applicants for eight positions on commissions, and for the SeniorCitizens Coordinating Council. There are sufficient applicantsfor Beautification, Park and Recreation, and Traffic Commissionsbut only seven applicants for seven positions on the SeniorCouncil. He also reviewed a letter from the Chamber of Corunerce nominating three 1ocaI businessmen for a position on the TsM Appeal Board. Councj-lwoman orMahony asked if there is a city policy about members of the same family being on commissions; she would liketo see more opportunity for community participation on commissions. City Manager noted that recent council policy has been not to allor^r husband and wife to be appointed to commissions. MEMOS FROM PARK AND RECREAT]ON COMMISS]ON Greyhound Bus Depot: The commission recommended that the City keep control of the Depot and make it available to comnunityyouth groups for meetings, the Recreation Department could take reservations from interested groups and monitor and measure use; they did not recommended moving the buildj.ng at this time. city Manager noted that the Public works department is getting estimates on moving the building, and also getting estimates on the cost of upgrading the building at its present location. council-woman O'Mahony would like a correction made to the Park and Recreation Commission minutes regarding the council discussj-on. Council's discussion centered on use of the depot for all community groups, not just youth sports groups. Mayor Lembi extended the application period for Civil Service andthe Senior Council for 30 days with council approval. He appointed Councilman Harrison and himself to interview applicantsfor the Senior Council. Council$roman Barton thought senior groups hrere to pick the members of the Senior Council, by counciJ.interview this makes the Senior Council appear to be a commission. He appointed Councilman ltarrison and Councilwoman orMahony to interview for the TSM position. Franklin School Athletic FieId: The commission recommended thatthe city renovate Franklin School field to provide more quality athletic fields for community use. city Manager noted that this was discussed with the school district last year, estimated costis in excess of $50,000 due to need for extensive irrigation L2L system improvements. It might be something to consider in the L99J.-92 budget. Councilwoman O'Mahony wondered how many hours the field would be available for the comnunity, City Manager responded that the Recreation Department schedules u time not in use by schools; counc many city projects to take care ocity to spend $50,000 on school Pthat this proposition is looked a se of aII school fields for any i h'roman o'Mahony said with sof, this is noroperty. Cittasawayfo t the time for they Manager notedr the city to o purchase theut the schools acquire fields for public use without having t Iand. councilwoman o'Mahony was concerned abo expecting the city to care for its fields. WATER RATIONING STATUS REPORT - SEPTEMBER City Manager reviewed his memo of october 23 which showed that we are currently runninq at 5.2 percent over our allocation from San Francisco water. we have received a penalty charge of $9,121 for September. Reviewing the usage for June to September, 2? percent of our customers were over allocation, their average penalty was $28. The water office has mailed out over 400 warning letters to users who were over 50 percent over their allocation. on apositive note, our total water use is the lowest in five years. CANCELLATION OF NOVEMBER 14 STUDY MEETING City Manager memo November study mee issue for the agen ofri da october 29 recorffnended council cancel the ng because there are only t\"ro non-pressing. council concurred. CONSENT CALENDAR Councilwoman O'Mahony asked about the delays in storm drain repair on California/Grove (1tem 'tI"). Public works Director stated the project has been redesigned several times; getting permits and approvals from railroad, r"rater department and PG&E, has taken substantial time and resulted in additional costs to the consultant. Councilwoman O'Mahony also questioned Item E, financial advisor and bond counsel for sevrer Treatment Plant lmprovements. city Manager responded. INTRODUCTION OF ORDINANCE 1427 - ESTABLIS}IING YIELD SIGN ON SUMMIE AT HILLSIDE CIRCLE, NO PARKING ON WEST OF HILLSIDE CIRCLE AND STOP SIGN ON RAY DRIVE AT DEVEREUX Public Works memo of October 30 recommended introduction of a an ordinance to install a yiel Hillside Circle, I'no parking" Circle between Summit Drive an sign on Ray Drj-ve at Devereux has reviewed and approved thes ign on Summit Drive at ns along $rest of Hillsideillside Drive, and a stopve. The Traffic Commission equested actions. dssig dH Dri-er b. RESOLUTION 132-90 APPROVING TENTATIVE SUBDIVfSION PARCEL MAP City Attorneyts memo of october 25 recommended council approve this resolution refLecting action taken at the october 15 meeting to aPprove the subdivision at 2807 Hillside Drive . RESOLUTION 133-90 fMPLEMENTING SECTfON 414 (H)( 2 ) OF IRS CODE city Manager's memo of october 29 recommended council implement the subject section of the Internal Revenue code to allow fire fighters' 4.5 percent paid retirement contributions to be tax deferred. This item was part of the recently approved labor contract with fire fighters. d. RESOLUTION 134-90 AI1IENDING AGREEMENT WITH ARCHITECT FOR FIRE STATION REMODELING Fire Chiefrs memo of October 31 recommended council approve the modification to the present agreement with Group 4 for architectural services for the fire station constructionproject; this would include construction of the fire station L22 at 799 California Drive and remodeling of the fire stationat 1399 Rollins Road, with a fee increase of $94,994 and an increase in reimbursable expenses of $3,500 and a total feenot to exceed $36?,151. SEWER TREATMENT PLANT CONSTRUCTION IMPROVEMENT FINANCING -(1) RESOLUTION 135-90 AGREEMENT FOR FINANC]AL ADVISOR(2) EESOI.UT]ON 136-90 AGREEMENT FOR BOND COUNSEL Finance Director's memo of October 19 recommended council approve agreements with (1) Rauscher Pierce Refsnes asfinancial advisor and (2) Orrick, Herrington, Sutcliffe as bond counsel for this project. In September, the City Manager, Treasurer and Finance Director interviewed fourfirms concerning proposals to act as financial advisor, they recommended Rauscher with fees to be $25,000 plus expenses. Along with the City Attorney, they reviewed three proposalsto act as bond counsel and recommend Orrick at a fee of $28,500 plus expenses . f. TENTATIVE LABOR AGREEMENT WITH POLICE & FIRE ADMIN]STRATORS City Manager recommended approval of this two year labor agreement with the Police and Fire Administrators which isin accordance with council authorization and includes 5percent salary adjustments each year. s FINAL CONDOMINIW MAP FOR 20 UNITS AT 615 ANSEL AVENUE Public works memo of october 30 recommended council concurwith the Planning Commission and approve this final map. h. DENIAL OF CLAIM OF VIRGINIA E'LE}4ING city Attorney's memo of October 15 recommended council denythis claim from Virginia Fleming and Catholic Charities for an auto aceident on February 2, 7989 at Carmelita and ChulaVista as untimely and no basis for city liability. TETTER A}IIENDMENT TO AGREEMENT FOR CONSULTING SERVfCES FOR CALIFORNIA/GROVE DRAINAGE PROJECT - CP 415 Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman Barton, carried unanimously. COI'NCIL COMMITTEE REPORTS Councilwoman orMahony reported on a rrdrug summit" she attended at CSM with city and school officials; the County is providing matching funds for projects betvreen cities and schools whichbenefit young people, such as tutoring, sports, library events. C/CAG: Mayor Lembi asked that the proposed agreement approved atthe C/CAG meeting be on the next council agenda for discussion and consideration. City Manager noted they are asking that this be adopted by the end of November. NEW BUSINESS President Bush: Councilwoman Barton mentioned the recent visit of the President and asked if the city wiII bill the RepublicanParty for the cost of police officer coverage. CouncilmanHarrison said the visit was a significant cost for city, he and Councilwoman O'Mahony agreed they should be billed and the Mayor concurred. Change December meeting date: Councilman Harrison wondered if councj-1 could reschedule the first December meeting for Tuesday, December 4 because the 49ers and ciants are pl"aying Monday, December 3. Council concurred with the change. l_ Public Works memo of November 1 recommended counci-I approve an additional $24,152 to the original agreement with Barrett Consulting dated July 6, 7987 for design changes. L23 Schedule Appeal Hearings: Mayor Lembi scheduled a public hearing for December 4 for an appeal from Harold Cooper of the second floor addition approved by Planning Commission at 2800 Mariposa. city Planner also noted the meeting date change would affect the sign exception at the Sheraton Hotel which council continued, Mayor Lembi set that hearing for December 4. Mills High School: Mayor Lembi asked that the request from the PTo and Principal of Mi1ls High Schoo1 for stop signs be put on the next council agenda, November 19. Cats: Councilwoman Barton acknowledged the letter from the Burlingame womenrs club regarding wild cats. city Manager distributed to council a newsletter from a local group rrFriends of Feral Cats" which attempts to care for the wild cats; they feed them, trap the cats to have them spayed and have arranged adoption of kittens. Fox MaII Loading Zone: Councilwoman Barton thought council had previously discussed a request from merchants in the Fox MaIl for a loading zone and thought something should be done to help them. Staff will review this issue. ACKNOWLEDGMENTS a. Commission Mj,nutes: Library Board, October 16; Park and Recreation, october 18; and Planning, october 22, !99O. b. Department Reports: Treasurer Report, September 30, 1990. c. Letter from Mills High School principal re stop signs. d. Letter from Clifford Brodie regarding debris in storm drains. Council wondered what could be done about this; Director said street crews have a regular schedule for cleaning the storm drains; they will check Brodie's area. e. Letter from Cable TV regarding rate increase. Councilman Harrison noted Burlingame has the highest rates in the area; it's impossible to reach the company on the phone. City Manager said recent proposed federal legislation to regulate cable TV did not pass. f. Letter from Women's CIub regarding wil-d cats. S. Letter from Mrs. Huebner regarding water leak and penalty. Two minor modifications at 812 Newhall and 1720 Broadway. Letter from and proclamation for Family Service Agencyrs National Family week, November 18-24, 1990. FROM THE FLOOR There vrere no cornments from the floor. CLOSED SESSION Mayor tembi adjourned to a closed session regarding labor negotiations at 10:13 p.m. ADJOURNMENT IN MEMORY OF JOE RAMOS h i Mayor Lembi noted the recent death of the worker Joe Ramos, he asked f or a moment of The meeting was adjourned at 10:35 p.m. father of our street silence in his memory. Judith A. MalfatCity Clerk