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.
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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.
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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.
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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.
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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