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HomeMy WebLinkAboutMin - CC - 1985.02.04208 BURLINGAME, February CALIFORNI A 4, 1985 CALL TO ORDER A duly noticed, regular meeting of the Burlingame City Council held on the above date in the City Hal1 Council Chambers. The was ca11ed to order at 8 p.*. by Mayor R. David Martin. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cub Scout Troop 70. ROLL CALL COUNCILMEMBERS PRESENT : was meeting AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO NONECOUNCILMEMBERS ABSENT : MINUTES Minutes of the Regular Meeting of January 27, - APPEAL OF APPROVAL OF MASTER 19Bs S IGN were approved. PROGRAM AT L2O9PUBLIC HEARING 72T7 DONNELLY City Planner reviewed her memorandum of January 28, 1985 recommending council hold pub1lc hearlng and take action. At its January 14 meeting, Planning Commission approved a Master Sign Program for buildlngs at 7209-1277 Donne11y. This decision was appealed by a tenant at L2O9 Donnelly and by the owner. The tenant indicates he was not notj-fied by owner of the sign p1ans. The owner requests that the appeal hearing be postponed so the sign plan can be amended to include the tenant. Councilman Amstrup inquired of City this back to Planning Commission. hearing must be held first. Planner whether council City Planner noted that can send the public Mayor Martin opened the public hearing. Cliff hle11s, owner of business at l2O9 Donne11y, read a letter from the property owner requesting council deny the Master Sign Program without prejudice so the owner can go back to Planning Commission with a new proposal to include Mr. Wel1sr business. Mayor Martin asked We11s if his busi-ness development of the sign program. We11s hardship this presents to his business. was overlooked replied yes and during the reviewed the Mayor Martin closed the public hearing. Councilman Amstrup moved to deny this Sign Program without and send it back to the Planning Commission for revision. Councilwoman Barton, carried unanimously by voice vote. prej udice Seconded by PLANNING COMMISSION IN C-1 ZONE RECOMMENDATION ON DRY CLEANING PROCESSING PLANTS City Planner reviewed her memorandum of January 15 in which she reviewed Planning Commissionts recommendation to council not to change the code to a1low dry cleaning processing plants ln the C-1 zole. Council had recelved a request from James Jackson, attorney for Mamora Terrell the owner of Adeline Market site, to presenL his client's interest in this matter. James Jackson reviewed his clientts efforts to have a quallty shopping area at the Adeline Market site. He reviewed the ttMartinizing" process of dry cleanlng which does not involve dangerous chemicals; that the Fire Department has no objections to this business; that if this 1aw is not changed other cleaning businesses in the C-1 zone which have plants would not be able to rebuild 1f they were damaged because they are nonconforming. 209 Councilman Pagliaro parking problems it stated his concern might cause at the with this business is the Adeline slte. Council discussed at length: reviewed sites of other cleaning businesses in city; other council members were concerned about parking at that site; if Fire Department has no objections, then would approve of change; concerned about other plants that could not be rebuilt; concern about possible odors from chemicals used. Mayor Martin reminded council that it is considering the change to the code only at this tlme; it is not considering the Adeline site specifically. Councilwoman Barton moved to direct staff !_ allow dry cleaning processing plants in C permit. Seconded by Councilman Amstrup. vote, Councllman Pagliaro voting no. to prepare an ordinance to 1 zone with conditional use Motion carried on voice TRAFF]C ALLOCAT]ONS _ FEBRUARY 1985 City Planner reviewed two requests for Traffic Allocations: from (1) Windmark Hote1, 620 Airport, for a 240 room hotel; and (2) Burli-ngame Joint Venture Hote1, 620 Alrport, for a 300 room hote1. the applicants would have 30Mayor Martin noted if days in which to file Councilman Pagliaro traffic capacity for these are approved p1ans. had the Councilman Councilman Manginl moved to approve both requests. Seconded by Amstrup. concern about the 1ow percentage of available Broadway intersection. of these He was improve Airport Councilman Pagliaro expressed concerns about the impact projects and their increased traffic on Bayside Park. concerned that a part of Bayside Park would be lost to Boulevard. Councilwoman Barton park. If a portion replaced in another stated that council would of Bayside Park is needed area. never take away for roadway, it thi s would be Director of Public Works reviewed plans for expanding Airport to lanes which would cause loss of a row of trees and the corner of where restrooms are located. These would all be replaced on the four park site. Motion to approve voice vote. two traffic allocations was carried unanimously on C]TIZENS ACCEPTABILITY PARKING STRUCTURE COMMITTEE (CAPS) Mayor Martin reviewed that council had approved of the members of the committee. He announced their names. Mike E11is, Chairman Ed Arnold Joe Harvey Ruth Jacobs Joe Karp Harry Lehrfeld APPOINTMENTS TO COMMlSSIONS , , Mayor Martin stated this is the time\- Recreation Commission, Beautification Parking Commi ssion . Don Lembi Greg Mendel Rosalie 0'Mahony Tom Slne Tony Taylor to select members of Park and Commission and Traffic, Safety, 1. Park and Recreation Commission Recreation were:The nominees Marshall and for Park and Ann Mori. Ron Burks, Maureen Ballots were distributed to council members. The City Clerk council memberts ba11ot and the Mayor announced the names of commj-ssioners, Ron Burks and Maureen Marsha11. read each the new i J I 2L0 2. Beautification Commission nominees for Beautlfication v/ere: Ruf ina Shev chuck. Suzanne Cady, Jeannie Gilmore Mayor Martin nominated Jo E11en E11is. were distributed, votes announced and the new commissioners Suzanne Cady, Jeannie Gilmore and Rufina Shevchuk. 3. Traffic, Safety and The and Ballots were: Ballots were selected was Parking Safety Commission The nomlnees for Traffic, Auran and Stephen Ho11man. and Parking Commission were: Timothy distributed, votes announced and the new commissioner Stephen Ho11man. Mayor Martin congratulated the new commissioners. He directed letters of thanks be sent to all applicants as well congratulatory letters to the new commissioners. CANCELLATION OF STUDY MEETING Council cancelled the buslness. Study Meeting of February 6 due to lack of COMMISSlONER ATTENDANCE Mayor Martin noted a memo from City Manager regarding commissioner attendance. Councilman Pagliaro noticed that two commissioners had attended less than the required amount of meetings during the past year. Under Resolution 16-84, council should remove these persons from office. Council discussion: most members felt the issue should be effective for any dates missed after passing the above resolution. Resolution 16-84 was passed in March of 1984. Some concern about Civil Servi-ce Commissioners who also appear at interviews, tests and hearings, in addition to regular meetings; perhaps these other appearances should count as meeting attendancel whether absences should be excused or unexcused; a person is either present or absent, there should be no excuses; council noted there are a number of people on waitlng lists to serve on commissions. Council determined: that those commissioners are st111 on commisslons as of January 1,1985; to develop special rules for Civil Service Commission; to send reminders to each commission chairman about councilrs concerns about attendance. Councilman Amstrup suggested further review at a Study Meeting. Council concurred. a RESOLUTION 12_85 JOB 039 AWARD]NG B]D FOR STREET LIGHTING PROJECT Traf tic/ Civil Engineer's memo of January award t.his contract to I{ingard & Seerley of $48 ,440. recommended council Fremont ln the amount 31 of b ACCEPTING COI,IPLETION OF BELLEVUE RESURFAC]NG City Engineer t s memo of January 30 these roadway improvements by Keyco $83,832. recommended council Engineering, final accept cost of C RESOLUTION 14_85 _ ACCEPT]NG COI,lPLET]ON OF ROLL]NS ROAD RESURFACING _ JOB 248 A City Engineerts memo of January 31 recommended these roadway improvements as constructed by W final costs of $382, 840. council accept G. Lewis, Inc. , CONSENT CALENDAR RESOLUTION 13_85 JoB 237 , il! I 2LT d RESOLUT]ON 15-85 - AUTHORTZING AGREEMENT FOR INSPECTION SERVICES 1985 STREET REPAIRS City Engineerts memo of January 29 recommended council approve thls agreement for construction, inspection and testing services with Testing Engineers, Inc. , for $14,301. e RESOLUTION OF MORRELL 1 6_85 AUTHORIZING DRAINAGE JOB 304 AGREEMENT FOR ENGINEERING REDESIGN City Engineerts memo of January 30 recommended council accept this amendment for an increase of $17,210 in the contract with MBC2. LETTER AMENDMENT FOR ROLLINS ROAD WATER LINE WATER LINE EXTENSION JOB 329 ADDITION TO ANZAfL City Engineer's memo of January this amendment to the agreement amount of $7,050. 31 recommended with Creegan & council approve D'Angelo 1n the oo BUDGET ADJUSTMENT ADD]T]ONAL STATE FUN DS TO LIBRARY City Librariants memorandum of January 22 recommended council authorize transfer of the recently received allocation of $L7,469 from the State Public Library Fund to the Library Computer System Project. SCHEDULE PUBLIC HEARING FOR GENERAL PLAN AMENDMENT, REZONING AND PROJECT REV]EW FOR SENIOR HOUSING PROJECT AT L22I BAYSWATER City Planner's public hearing memo of January for February 19 30 recommended council schedule meetlng. a CHAMBER OF COMMERCE REQUEST FOR APPROVAL OF SPEC]AL EVENTS City Manager's memo of January 29 with letter from Chamber attached requested council approve special events on July 26-28, Californj-a Artists Festival; AugusL 17, Burlingame Avenue Sidewalk Sale; and September 22, ttf Love Burlingame Duy."L- Councllman Manginl moved approval of the Consent Calendar. by Councj-lwoman Barton, carried unanimously by voice vote. Seconded OLD BUS]NESS - LEVY BROS Councilman Amstrup noted that the area around Levy Brothers store has two debris boxes and several contractors trucks taking up parking spaces. He inquired if they have permits for this. Director of Public Works replied they had paid for parking meter hoods; he will check further. NEW BUSINESS COUNCIL REVIEW OF TWO PLANNING COMMISSION DECISIONS Counc i lman Commi s s ion car rental URGENCY ORDINANCE T295 RESTAURANT S Pagli-aro ca11ed up for council review the Planning approval of a dish antenna at L462 Burlingame Avenue and a agency at Ramada Hote1. TO AMEND URGENCY ORDINANCE 7294 MORATOR]UM Oi{ Mayor Martin noted council had received a letter from Dirk attorney representing The Firehouse Restaurant, requesting council on the moratorium. Schennkan, to address Dirk Schennkan reviewed that his clients have leased space at l42O Burlingame Avenue for the purpose of installing a barbeque restaurant and have had a building permit pending for necessary interior work. PIans were submitted in September but were deemed incomplete due to a dispute over placement of the vent shaft. The dispute has been settled and new drawings have been submitted. His client had no warning that the city was consldering a moratorium on restaurants. He has invested considerable time and money in thls venture. Schennkan asked for a simple amendment to the moratorium to exclude from its coverage anyone who had a building permit application pending at the time of adoption. Since this is the only restaurant with application pendlng, it would have negligible i-mpact on councilrs concerns. \- h. 2L2 Mayor Martin inquired of City Attorney how this could be done. City Attorney responded the urgency ordinance could be amended. Councilman Mangini moved to adopt Urgency 0rdinance 1294. Seconded Urgency 0rdinance L295 to amend by Councilwoman Barton. Councilman Pagliaro questioned what findlngs would constitute an urgency. City Attorney replied the financial hardship imposed on this businessl that it would only affect one business; and the lack of equity existing because they had already applied for permits. Motion carried unanimously by ro11 call vote. RESTAURANT MORITORIUM KEEPING ROOM Lori Rutter , owner of the Keeping Room on Broadway, reviewed her problem with the moratorium. The business was originally a restaurant but in 1981 they changed to catering only. Now she has found a buyer who wishes to again use the business as a restaurant, but now with the moratorium in effect it cannot be so1d. She requested council amend the ordinance furt.her to a1low her sale of the restuarant. In response to council questi-ons, City Planner and City Attorney reviewed that it can no longer be considered a restaurant since it has not been in use as a restaurant for over six months. After lengthy discussion, council informed Rutter she would have to take her concerns to the Planning Commission which is considering the moratorium at its next meeting or request in writing for council t s reconsideration at its next meeting. ACKN OI'ILEDGMEN TS 1 Commission Minutes: Park and Recreation, January 281' and Library Board, January 15 January L7 ; Planning, 1985. 2 3 Proclamation Honoring Ehe Women's Ha11 of Fame. Letter f rom Davi.d 14/i11iams, moritorium on restaurants. 1438 Laguna, thanking council for the 4 5 6 Letter from Peter Umland, Department for aid during owner of Smoke Shop, thanking Fire and after the fire at his shop. Three letters in opposition for Ryan's Red Hot Rippers. to denial of a street vending permit Letter from Victor requesting a stay. Ryan Naskrent, Ryan t s Red Hot Rippers, RYAN I S RED HOT RIPPERS wondered what Mr. Naskrent was requesting. City Attorney he believed Naskrent was asking for reconsideration. City Attorney noted Mr. Naskrent had just arrived in the audience. Counc i 1 replied Naskrent requested licensed to do it. for four years, he fn response recourse is decision. counci-1 1et him continue He has done business at wants to continue. his business as he was Burlingame and Primrose Mayor Martin noted the only way council would be able to reconsider was for a council member who voted for the denial to ask counci-1 to reconsider. He stated Naskrent had talked to him on the phone and his understanding of Naskrentrs request. was he wanted to continue doing his busi-ness for a limited amount of time. Naskrent should be asking for a 30 day extension. After considerable discussion back and forth, Mayor Martin informed Naskrent that he was out of order and asked him to be seated. to council question, City Attorney noted Naskrentrs only superior court unless council wants to reconsider its 2L3 CLOSED SESSION PROPERTY ACQU]SITION Council adjourned to a Closed discussion was acquistion of available on Donnelly Avenue. at 9:30 p.m. Subject of School site and also property Se s sion Pershing A DJOURNMENT Meeting was regularly adjourned at 10:03 p.m. I AYlarle Judith A. Malfattl City Clerk { I I I a { II{ 1 l i I { I I I iIi { I *J