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HomeMy WebLinkAboutMin - CC - 1987.07.20B5 BURLINGAME, CALIFORNIA JuIy 20, 1987 CALL TO ORDER PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Attorney, Jerone Colenan. ROLL CALL COUNCILMEMBERS COUNCI LMEMBERS MINUTES Mi-nutes SENATOR PRES ENT: ABS ENT : AMSTRUP, PAGLI ARO BARTON, LEMBI , MANGINI (Vacation) of. Ehe Regular Meetlng of JuIy 6, QUENTIN KOPP 1987 were approved. Mayor Barton noted the presence of Senator Kopp who reviewed SB 416 which he had introduced, this bill would abolish sales taxes for certain public ent.lties. He noted that AB 36 which council suPported, requiring motorcycle riders to wear helmets, r.rould not come back to conmittee until January 1988. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF PARKING VARIANCE AT 736 ACACIA DRIVE - RESOLUTION 72-87 DENYING SAME Mayor Barton mentioned to applicant that he could request a postponenent of the hearing due Eo not having a fu11 council present. After sone discussion, applicant agreed to proceed. Planner Garafelos reviewed the City Plannerts meno of July 13 in which she reconnended council hold public hearing and Eake action. The applicant, Steve liarden, is requesting a parking variance so that he can provide one covered off street parking space where tuo are required when he demolishes an existing house at 736 Acacia and replaces it with a four bedioom house. Two years ago the applicant replaced the existing deteri.orated garage with a new 15 by 23 foot garage. The present garage and 102 foot long driveway meet the parking requirenents for addition of one or tvo bedrooms to a renodeled house, but not for a newly built four bedroom house. The existing house is J-,250 square feet, the new house would be 2,526 square feet. The Planning Commission denied this variance request atits meeting of June 22. Mayor Barton opened the public hearing. Steve Warden , applicant, said that he has lived at the sj.te for eight years since he bought it from his moLher; three generations of his family have owned the house; he presented letLers in favor of the vari"ance from parents of children r.rho are cared for by his wife in her day care business conducted at the site; showed photos of the driveway and new garage, garage is used for storage on1y, pl-enty of roon in driveway for carsi showed contractors estinate of $15r000 to add to the garage; he has made many improvements to the house but now finds that the nost effective way to get rnore room is to demolish and rebuild; if he has to add on to the garage he will lose part of back yard and new deck. A resident ax 723 Acacia spoke in favor, she noted there was no parking problem on their street, Mrs. Murray, another neighbor, said thi.s is a young family with smal1 children, they need the back yard, this is a third generation Burlingame family. Several other nei ghbors were present and noted thelr support. A duly noticed regular neeting of the Burlingame City Council was held on the above date in the City Hal1 Council Chambers. The meeting was ca1led to order at 7'.40 p.m. by Mayor Gloria H. Barton. B6 hlarden requested that if council could not approve the variance he would like it denied without prejudice. Mayor Barton closed the public hearing. Councilman Lembi said he had visited with Warden on several occasions, he sympathized with the familyrs needs; key to the issue is that although the propose<i house is new consEruction and requires t.rilo parking spaces, he would not feel comfortable denying this when the applicant can remodel and would not have to provide additional parking; the garage is new and they can accommodate all their cars on their property; he would favor overturning the denial. Warden inquired about procedure; staff responded item could go before Planning Comnission again in late August. tr{arden had sone difficuLty with timing due to an opportuni.ty to use another house during building, this other house may not be available much longer; he was also anxious to start building before rains begin. The motion carried 3-1 on ro11 call voLe, and Councilman Pagliaro being absent. Councilman Amstrup voting no PUBLIC I{EARING - APPEAL OF REVOCATION OF BUSINESS LICBNSE AND MASSAGE 1308 BAYSHOREPERMIT POR MISS LOUIS MASSAGE PARLOR City Attorney reviernred his nemo of July L0 in which he recomnended council hold a public hearing and take acLion. Miss Lours Massage Parlor j,s located in the Ilyatt Theater building. After a recent arrest of an employee for solicitation, the Police Chief recommended the business license be revoked. The City Manager held a hearing on June 5 and did revoke the license. The revocation was then appealed to council. Over the years there have been a number of arrests of employees of Miss Lours for solicitation of prostitution. Each time the business was closed for a progressiveJ"y longer period of time. The Iicense was suspended for 5 days on March 13, 1978, for 10 days on october l, 1982 and for 15 days on October 13, L986. Wit.hin five days of the re opening of the business in 0ctober 1986 another arrest occurred. We were assured that the owner was in the process of selling the business and therefore did not process a suspension or revocation action. However, the sale never took place. On April 24, L987 another arrest occurred which prompted the revocation process; on July L6, 1987 another arrest took place at Miss Lours. Mayor BarEon opened the public hearing. Wi11i-am Linehan, attorney for the owner Lupe Flores, objected to the inclusion of the July J,6 arrest as he had not seen that report; he dj.d not contest the evidence, but there are no allegations agai-nst his cLient, she has no control over what her employees do in private rooms; she now has a buyer for her business and he had a copy of contract for sale of the business which he showed to council and a $5,000 deposit in a trust account; the prospective buyer has applied for a business licensei revocation may prejudice the sale of the businessl i.f employees will not comply rrith the 1aw Flores will fire them, she will- run the business alone; owner has never been arrested. Council questioned when the sale of business would be completed, Linehan said sale depends on when license is approved; council asked when l j,cense application would be completed, Poli-ce Chief noted it could Eake 60 to 90 days. City Attorney noted he had no confidence that owner could run business by herself. Councilman Lembi noted the Other council nembers disagreed; a new four bedroom house should have a two car garage; everyone else vho builds in city is required to comply with code; this could affect the entire neighborhoodl have a ripple effect, if this is a11owed others wil"1 ask for samel garage can be enlarged; appLicant may also harze to replace waterlinesl people are always complaining to council about street parking, this project mayj-npact street parking. Councilman Mangini moved to deny the variance without prejudice by adoption of RES0LUTI0N 72-87. Seconded by Councilrnan Lembi. B7 sales contract appeared to be an open ended contract. Mayor Barton sald she had no sympathy for the owner hlho must be responsi-ble for her employees. Linehan noted if the license is revoked council- would be depriving Flores of making a legitimate living. Councilman Lernbi said the sales agreement has nothing to do with the present owner's conduct of the business. Mayor Barton closed uhe public hearing. Councilman Lembi moved to revoke the business license and massage permiL for Miss Lours based on City Code section 6.40.080 (2) in that the owner does not comply with applicable laws because her empJ-oyees were being arresEed for acts of prostitution. Seconded by Councilman Mangi"ni, carried unanimously by ro11 call vote of rnembers presenL. PUBLIC HEARING - VICTORIA STATION RESOLUTION 73-87 - CHANGING PLACE TO BAY VIEW PLACE NAME OF STREET FROM Ci-ty Manager reviewed his memo of June 23 in which he recommended council hold public hearing and take action. The neu ordners of the former Victoria Station restaurant have requested a change of the street name on which their new rest.aurant will be located. Staff has no objection to the change and suggests the name Bay View Place as requested. Victoria Station had installed a lighEed street sign at their expense and operaElng cost. Staff suggests the narne change be conditloned so that this sign be maintained by the new owner or removed and a new standard street sign be installed. In response to council, City Manager noted t.he post office and the county would be notified of the change in nanes, there are no other property owners on that street. Mayor Barton opened the public hearing. There being no comments, the hearing was closed. Councilman Mangini moved adoption of street name. Seconded by Councilman ro11 cal l vote of nembers present. RESOLUTION 73-87 changing t.h e Lembi, carried unanimously by PUBLIC HEAR]NG - SECOND READING . ORDINANCE 1346 - REVISING PROCEDURE SUSPENDING OR MODIFYING USE PERMITS AND VARIANCESFOR REVOKING City AtLorney revieved his memo of June 30 in rchich he requested council adopt this ordinance after a public hearing. The Planning Comnj-ssion recently determined that our review procedure for permits and variances is outdated. Frequently we discover that businesses whi-ch are subject to use pernits or variances have gone and the perrnit should be revoked, but code requires a hearing before the Planning Commission before they can be revoked. This is generally a waste of city time and money because the permittee has noved away. This ordinance will provide for written noLice of i-ntention. to revoke a permit or variance to be given by the Planner. If the party does not respond the permit would be revoked. A hearing before the Planning Conmission would only be necessary if the person so requests. Mayor Barton opened the public hearing. There being no conments, the hearing was closed. Councj.Iman Amstrup moved adoption of ORDINANCE 1346. Seconded by Councilman Mangini, carried unanimously by ro11 call vote of nembers present. COMMISSIONER VACANCIES Councilman Lembi noted he and Councilnan Mangini had interviewed candidates Ehis evening and would like to put off appointment until a later date. In the meantime, he suggested opening a further application period for the opening on the Traffic Commissi.on. Councilman Amstrup asked that the application period be opened for thevacancy on the Planning Commission due to the resignation of Commissioner Bob Leahy who will be moving out of state. Applicationperiod would be until August 12. Mayor Barton asked tha! a letter or proclanation be prepared thanking Leahy for his service to the city. B8 PARKING STRUCTURE FEASIBILITY STUDY City Manager referred to his memos of July 13 and 20 in which he reviewed that staff had met with four firms selected from the eight proposals received for a parking structure feasi-bj-1ity study. Based on the interviews, sEaff recommended that Mac(inlay, tJinnacker, McNeil and Associates (Ml'lM) be retained at a cost of $5,500. This firm will review four sites and offer options, they uj,ll not do a specific design at this time. Councilman Lernbi moved that staff contract hlith feasibility study at a cost of $5,500. Seconded ADstrup, carried unanimously by voice vote. MWM by for a parking Councilrnan RESOLUTION 74-87 - FEES FOR SAN MATEO AUTHORIZING AGREEMENT TO COLLECT SCHOOL FACILITIES UNION I{IGH SCHOOL DISTRICT City Manager reviewed his memo of Jul-y 10 in which he recommended council approve an agreement to collect school fees for the High School District. This is the same contract as was approved at the last meeting with the elementary district. Councilman Mangini moved adoption of RESOLUTI0N 74-87, Seconded by CounciLman Amstrup, carried 3-1 by voice vote, Mayor Barton voting no. PACIFIC CABLE TV REQUEST FOR TEMPORARY SATELLITE PROPERTY AT HILLSIDE DRIVE ANTENNA ON CITY City Manager's reviewed his memo of July 15 regarding a request from Pacific Cable to install a temporary satellite antenna on city property. In 1981, the city leased a portion of our reservoir site on Hillside Drive adjacent to the Fire Station for our cable company's satellite receiving antenna, They are nohr requesting an additional temporary antenna on the site until December 31, 1987 in order to add three additional movie channels. The proposed antenna would be approximately 10 feet in diameter and ground mounted on a temporary platform. The site is well shielded from sight. In the meanwhile, they will attempt to modify their existing antenna to provide these additional three channels. Given the temporary nature, staff has no objections. If Ehe present antenna cannot be modified or they wish to continue the temporary use past December 31, staff suggests additional review by Planning Commission or council. Councilnan Amstrup noted the cable company is providing a service and recommended approval. Councilman Lembi wondered about the stability of the tenporary antenna. Staff responded it would have to be ueighted down. Councilman Mangini antenna. Seconded vote. moved approval of the request for a temporary by Councilman Lembl, carried unanimously by voice CONSENT CALENDAR Councilman Lembi inquired when action would take place on "a,tt the ordj,nance concerning Burllngame Avenue Conmercial Area, Sub Area B, staff responded discussion and action would be at the next meetinS' INTRODUCTION OF ORDINANCE 1347 - REAL ESTATE, FINANCIAL AND CRED]T COMMERClAL AREA REQUIRING SPECIAL PERMIT FOR IN SUB-AREA B, BURLINGAME AVE a City Plannerrs merno ordinance to require intensive businesses and extending north Be11evue. of July 14 recomnended council adopt an special permits for certain parking in the area fronting on Donnelly and Chapin on Primrose one block from Donnelly/Chapin to CANCELLATION OF STUDY MEETING Council concurred with City Manager's recomnendation to cancel the Study Meeting of July 22 due to one council memberts absence and to lack of any pressi.ng study i.tems. B9 b INTRODUCTION OF ORDINANCE 1348 ADMINISTRATION AMENDING TRANSIENT OCCUPANCY TAX City Attorneyrs memo of July 2 reconmended council adopt an ordinance making minor administrative changes in our transient occupancy tax 1alrs, clarifying that state and federal employees are not exenpt and requiring hotels to register with the City Treasurer immediately upon commencing business rather than within 30 days. Flnance Director recommended adopting this resolution to rescindprior plans and adopt a new Deferred Compensation Plan which reflects recent changes in tax laws. DENIAL 0F CLAIMS: (1) J.D. SULLIVAN; (2) D & M TOWINGd. City Manager's memo of July 13 recommended audit report completed by Peat Marwick Main government t s single audit progran. f. FINAL CONDO MAP FOR ],I14 PALOMA City Engineeris memo of July final condominium map since approved December 3, 1984. 14 recommended council approve the it conforms Lo the tentative map council on the accept the federal g Park Directorrs memo of July 15 recommended council accept as complete the Pershing Park project as constructed by Munkdale Brothers, the total net cost was $274,994. RESOLUTION 77-87 - ACCEPTING AND RESURFACING - JOB 641 COMPLETION OF 1987 STREET PATCHING Assistant Civil Engineerts nemo of July 15 reconmended council accept the road inprovements installed by 0rGrady Paving in the amount of $362,745.83. i. WARRANTS AND PAYROLL Finance Director reconmendedduly audited, in the amount 76L64 - 76877 for the month $720,424.08. approval of Warrants 35395 -of $1,934,523.79 and Payroll of June 1987 in the amount of 35954, Checks Counci.lman Mangini rnoved approval of the by Councilman Lembi-, carried unanimously Consent Calendar. by voice vote. Seconded AIRPORT ROUNDTABLE CONSULTANT FEE Mayor Barton asked for council support of Burlingame's share of thecost of the consultant to the Roundtable in the anount of $532. Councilman Mangini moved to pay $532.carried unanimously by voice vote. Seconded by Councilman Amstrup, ACKNOWLEDGMENTS Commissi-on Mi-nutes: L987 . Civil Servi.ce, June 9; Planning, July 13,a b c Fj-re Department Report, Letter fron resident at on street. Second Quarter of 1987. 824 Acacia objecting to overnight parking c. RESOLUTION 75-87 - AMENDING DEFERRED COMPENSATION PLAN e. h. CiEy Attorney reconmended denials. ACCEPTANCE OF AUDIT REPORT ON FEDERAL GRANTS RESOLUTION 76-87 - ACCEPTING COMPLETION OF PERSHING PARK CONSTRUCTION - JOB 632 90 d e f San Francisco Police Report, Letter from Pe ni ns ula election. Alrport Masterplan, Working Paper A June 1987. Hospital regarding no taxes and recall g. Minor Modification Notice for 2213 Davis Drive. h. Letter regardlng appointment of a Bicentennial Comnlttee. Staff noted that the City Llbrarian would be chair of this comnittee for the Bicentenaial of the Constitution. i. Letter requesting funds for Travel-ers Aid at Airport. j. Letter from Skyline Terrace requestirg to annex to Millbrae and staff response objecting to proposal. FROM THE FLOOR - STREET REPAIRS A resident of 1490 Carlos asked if something could be done about the poor quality of the streets in his area; he said it was a hazard to ride his bike on the street; he also noted El Camino is also very bad. Director of Public tr{orks reviewed that there would be repairs made in the general area of town where that resident lives durlng the nextyear; EJ, Camino is a state highway, the state is planning resurfacing during t.he fiscal year on EI Camino between Bayswater and Carmelita. SIDEWALK MARKINGS Mayor Barton asked what the green marks on sidewalk mean; Director replied the city is trying a new grinding progran on uneven sidewalks. ADJOURNMENT IN MEMORY OF PHILIP S. NEWMAN Mayor Barton adjourned the Newman, Broadway Pharmac y, meeting at 9:00 after observing p.m. in menory of Philip S a moment of silence. Judith A. Malf a City Clerk