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HomeMy WebLinkAboutMin - CC - 1985.02.192L4 BURLINGAME, February CALIFORNI A 19, 1985 CALL TO ORDER A duly noticed, regular meeting of the Burlingame City Council was held on the above date in the City Ha11 Council Chambers. The meeting was called to order at B p.m. by Mayor R. David Martj-n. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Cub Scout Troop 70. ROLL CALL COUNC I LMEMB ERS COUNCI LMEMBERS MINUTES PRESENT: ABS ENT : AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO NONE Minutes of the Regular Meeting of February 4,1985 were approved. PLANNING COMMISSION RECOMMENDATIONS ON REGULAT]ON OF RESTAURANTS PUBLIC HEAR]NG - URGENCY ORDINANCE 7296 _ EXTEND]NG MORITORIUM ON RESTAURANTS BURLINGAME AVENUE AND BROADWAY COMMERClAL AREAS City Attorney reviewed his memorandum of February 13 recommendingcouncil hold public hearing and take action. He had prepared anordinance which would extend the present moritorium and left theextension date b1ank. It may be extended for up to ten months. Council requested City Planner review the Planning Commissionrs recommendations before further consideration of the ordinance. CityPlannerts memorandum of February 13 reviewed Planning Commissionts recommendations on definition of restaurants, areas needing regulationand method of regulation. It defined restaurants as any place servingfood with seating or standing eating counters for ten or nore persons;areas needing regulation were Sub-area A of the Burlingame Avenue Commercial Area and the Broadway Commercial Area; method of regulationshould be a quota system based on the existing number of restaurants,however defined, plus 20 percent. i,layor Martin opened the public hearing. Bill Jackson, President of the Chamber of Commerce, responded tocouncil questions regarding Chamber letter presented to council prior to meeting. They had not reached a consensus on regulation ofrestaurants. They agreed there was a parking problem but they werealso concerned about the lssue of free enterpri_se. Cyrus McMil1an, attorney, reviewed his client would like to open abakery to serve sandwiches with seating for ten people. He agreed arestaurant should be defined as one with seating for more than ten. He did not approve of the moritorium and thought the quota sysEemwould not be workable. Lori Rutter, Keeping Room on Broadway, reviewed her attempEs to se11her restaurant. She felt a better definition was needed for restaurants, an ice cream store and a sandwich shop do not have theexpensive investment in commercial kitchen that a true restaurant has. She felt a restaurant should be defined as one with commercialkitchen; which se11s and prepares food on its premises; and which seats ten or more people. The moritorium should exclude anyestablishment for sa1e. She asked for an amendment to a11ow the saleof her restaurant. Councilwoman Barton sympathized, with Rutter, she noted it takes a longtime to se11 a business. There was some discussion about Rutterts business being outa restaurant for over six months. City Attorney noted thatwith the moritorium is whether or noL she was in business on of adoption, which was January 7, 1985. of use as the issue the date i ? 2Ls Rutter noted that with a quota system of regulation incentive for restaurants to serve good food, there competition. there would the an a in Burlingame. needs more good would not be be no Alan Horn, 1325 Paloma, spoke in favor of city has too many restaurants but he urged business and agreed with her definition of Rich l,lachter noted that he works and eats moritorium was unfair and that Burlingame moritorium. He said the exempLion for Rutter t s re stauran t . He felt the restaurants. Mayor Martin closed the public hearing. Council discussion: need to define restaurants more clearly; needs further study by council; cantt send back to Planning Commission without giving clear direction; free enterprise is good to a certain extent, but if cities had 1et free enterprise loose on the bayfront there would be no bay left; five more restaurants on Burlingame or Broadway would completely change those streets; with quota system there would be no competition; business license would become very valuable; council concurred on need for more study. Councilman Pagliaro agreed that the issue needs more the original concern with restaurants was the blank in a retail area; he could find no justification for ordinance in this matter. some discussion about ten seats; the present regulation of restaurants ordinance applies to four study; he said space they create an urgency with four seats. Mayor Martin noted he felt the issue should be dropped and he could not go along with the quota system. Councilman Mangini moved adoption of URGENCY 0RDINANCE L296 to extend the moritorium on restaurants for two months. Councilwoman Barton expressed concern about allowing the Keeping Room business to be so1d. City Attorney noted council could make another exception for this business. Councilman Amstrup seconded the motion. There seats was or Councilwoman Barton asked council to Rutter t s restaurant. amend the motion to al1ow sale of Section 0ne of the Urgency sha11 not apply to any has operated as a restaurant City Attorney suggested an 0rdinance: to provide that facility with a commercial prior to adoption of this amendment in the ordinance kitchen which ordinance. Councilmen Mangini and Amstrup agreed carried on ro11 call vote, Councilman to the amendment. The motion Pagliaro voting no. Mayor Martin directed study meeting agenda. the regulation of restaurants be put on the next PUBLIC HEARING - REVIEW OF PLANNING AT 1462 BURLINGAME AVENUE COMMISSION ACTION ON DISH ANTENNA City Planner reviewed her memorandum of February 13 in which she recommended council hold public hearing and take action. At the January 28 Planning Commission, special permits were approved with conditions to al1ow a rooftop dish antenna. Applicant had installed the antenna without any permits; it needs a building permit, it exceeds 7 square feet in area, was installed more than five feet above grade, and is visible from the street. Councilman Pagliaro cal1ed this up for council review. Mayor Martin opened the public hearing was closed. Applicant Councilman Mangini noted he had visited the area not visible, it apparently had been removed. He Planning Commission approval and deny the special by Counci lrnan Amstrup . hearing. There being no comments, the was not present. and the moved to antenna was reverse the Seconded l- permits. I a Jf I {i!I 2L6 Councilman Pagliaro stated his concern with the antenna was its size and the fact, that it was installed without permits. I'{otion carried unanimously on ro11 cal l vote PUBL I C AGENCY HEAR ING AT RAMADA REVlEW OF PLANNING COMMISSION ACTION ON CAR RENTAL INN _ RESOLUT]ON i7-85 - APPROVING SPECIAL PERMIT City Planner reviewed her memorandum of February 13 in which she recommended council hold public heari-ng and take action. At t.he Planning Commission meeting of January 28, a special use permit was approved for a 15 car rental operation and a five space parking variance for California Compacts Rent-A-Car to operate at Ramada Inn. There were seven conditions included in the approval. CouncilmanPagliaro had cal1ed this up for review. City Planner revj-ewed the parking requirements for the hotel inresponse to council question. Mayor Martin opened the public hearing. Betty Jenkins, California Compacts, requested approval. Councilman Pagliaro noted his concern about parking at the hotel andthe restrictions placed upon this business by only having five cars onsite. He inquired where other cars would be stored. Jenkins repliedthat cars will be moved to San Bruno site. She noted there is always50 to 60 percent of parking spaces available at the hotel. Mayor Martin closed the public hearlng. Councilman Manglni moved to uphold the Planning Commission approvaland to adopt RESOLUTT0N 17-85 approving rhe special use permir. Seconded by Councilwoman Barton, carried unanimously on ro11 callvote. Councilman Amstrup questioned procedure if there were any vi-olations.City Planner stated that the permit would be reviewed in sj-x monthsand the business would be subject to revocat.ion hearing if there wereany violations. CONTINUE PUBLIC HEARING REZONING 122]. BAYSLIATER SENIOR PROJECT i{ayor March that this public hearing was continued to the REQUEST FOR REINSTATEMENT OF APPEAL LARK SPU R FENCE EXCEPTION FOR 1OO5 City Attorney reviewed his memorandum of February 8 in which he recommended council determine whether or not to rej-nst.ate this appeal.He reviewed that on December 10,1984 t.he Planning Commission deniedapplj-cantrs request for a fence exception to a11ow an existing 9.5foot fence along applicantrs rear and side property 1ine. He wasinformed of appeal procedures and no appeal was fi1ed. 0n January Bhe was informed by City Planner that his fence must be reduced to the1ega1 six foot height. 0n February 4,1985, a letter was receivedfrom Attorney Grathwohl requesting an appeal hearing, and statingreasons appli-cant had not filed earlier were that he was out of town, the holiday season and the death of his grandmother. William Grathwohl , attorney, an appeal hearlng. was present and requested council grant After brief discussion, councj-1 agreed it had no objection to hearingthi s appeal . Councilman Pagliaro moved Eo reinstate this appeal. Seconded by Councilwoman Barton, carried unanimously by voice vote. Hearing was scheduled for March 4, 1985 meeting. REVIEW PLANNING COMMISSION RECOMMENDAT]ON FOR 325 CHAPIN LANE City Planner reviewed her memorandum of February 13 in which she recommended council consider Planning Commissionrs recommendat.ion that Martin announced 4, 1985 rneeting. ! t 2L7 council bounded Bill Nag1e, 1313 Balboa, he would like to see the 1ot size of 9,000 square feet in the area Lane, Pepper and the Town of Hillsborough. stated this is a unique area of the city and large house preserved on this site. consider a minimum by Ralston, Chapln Mayor Martin asked for any comments from audience. City Planner noted there are 16 lots in Lhis b1ock, by the change in minimum 1ot size four would become nonconforming 1ots. At the present time the mini-mum 1ot size in that area is 7,000 square feet, and all lots are conforming. The subject site is about three-quarters of an acre in size and is 1egal1y divided into four lots at present. fn answer to council questions, City Planner noted the area could rezoned with an overlay zole to change the mini-mum 1ot size. The affected would have to include the entire b1ock, not just the one be area 1ot. Les Gunther,333 Chapin Lane, stated his desire to also save the old house on the site. He said they are selling the site for $399,000. Another citizen noted he would like to see tearing down any property i-n the R-l zone. take down a tree, why not for a house. an ordinance to prohibit City requires a permit to Councilman Pagliaro agreed with council has to be innovative in the idea order to of an save overlay zone, this beauti-fui He noted home. Mayor Martin reviewed there are presently Lhree minimum 1ot sizes allowed in the city, 5,000, 7,000 and 10,000 square feet. The largest sj-ze is in the former county areas which have been annexed more recently to the city. This proposed action would make a fourth minimum 1ot size. Councilman Pagliaro Planning Commission The motion died for lack of a second. moved to send the recommendation back for an ordinance to create an overlay to the zone. Councilwoman Barton moved to recommendation. Seconded by uphold the Planning Commission Councilman Pagliaro. misunderstood the Pagliaro withdrew Co unc i lwoman and withdrew Barton realized she had her motion. Councilman recornmendation his second. Councilwoman Barton moved to take no further action on this matter. Seconded by Councj-lman Manglni, carried on ro11 call vote, Councilman Paglj-aro voting no. CONSENT CALENDAR Councilman Pagliaro noted he to a conflict. He requested Consent Calendar. a INTRODUCT]ON OF ZONE TO INCLUDE would abstain from voting on Item rrfrr due removal of Items ttd, e, and gtt f rom the ORDINANCE 7297 - AMENDING CONDITlONAL USES 1N C-1 DRY CLEANING PLANTS b City Planner t s memo of February 13 recommended council introduce this ordinance to amend conditional uses in C-1 to al1ow dry cleaning plants. INTRODUCTION OF ORDINANCE 7298 SHELTER FEES AND CHARGES AMENDING AND INCREASING ANIMAL City Attorneyts memo of this ordinance to adopt 4 recommended council introduce new shelter fees. Fe bruary county t s INTRODUCTlON OF ORDINANCE 1299 AMEND]NG FIRE HOSE STANDARDS City thi s Attorneyts memo of February 1 recommended ordinance making technical amendments for council introduce our Fire Code. zLB f RESOLUTION 18-85 - AUTHORIZING AGREEMENT FOR LANDSCAPING SERV]CES ANZA BLVD EXTENSION _ PROJECT O05 Director of Public Works memo of February 7 recommended council approve this agreement for landscaping with Callander and Associates in an amount not to exceed $27 ,4O0. RESOLUTION 19-85 - AUTHOR]ZING AGREEMENT W]TH SISTERS OF MERCY FOR INSTALLATION OF WATER MAIN JOB 245 Director of Public I^Iorks memo of February 13 recommended council approve t.his agreement with the Sisters of Mercy for a shared cost, city I s amount is estimated to be $90,000. i. TENTATIVE AND FINAL PARCEL MAPS FOR PROJECT AT I4I EL CAMINO h City Engineerrs memo of the maps in concurrance recommendation. February L4 recommended council approve with Planning Commissionts j WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 24215 - 24505,duly audited, in the amount of $1,113,220.20 and Payroll Checks55903 56599 for the month of January 1985 in the amounr of $633,878.60. councilman Amstrup moved approval of the consent carendar.by Councj-lwoman Barton, carried unanimously by volce vote,Pagliaro abstaining on Item rrf . rr Seconded Councilman d Councilman Pagliaro noted he had pu11ed itemsttd and et'from theConsent Calendar to verify that the costs for the Anza Boulevardextension to the freeway would all be borne by the city and are notbeing paid by development fees or an assessment district. Staffreviewed previous discussions of an assessment district to recoverthese costs. RESOLUT]ON 20-85 - AUTHOR]ZING COOPERATIVE AGREEMENT FOR ANZA BOULEVARD EXTENS]ON - PROJECT O05 Director of Public Works memo of February 7 recommended councilapprove this agreement with Caltrans to design and administer theramps and administer the construction contract. for the freewayon and off ramps. An advance deposit of $66,000 is required tocover the State I s estimated cost. RESOLUT]ON 2I-85 _ AUTHOR]ZING REVISED FREEWAY AGREEMENT FOR ROUTE 101 PROJECT OO5 Director of Public l{orks memo of February approve this Revised Freeway Agreement toBoulevard on and off ramps. 5 recommended council include the Anza Councilman Pagliaro reviewed his concerns about item 'tgrr on theConsent Calendar. He wants to be sure the city does not have to paymore than its fair share of this garbage rate study. City Managersuggested city could condition lts approval that Burlingame would p.y when all other pay. o6 AUTHORIZATION OF WATERHOUSE STUDY PARTlCIPATION WITH JOINT POWERS FOR A PRICE OF GARBAGE RATES City Managerts memo of February 11 recommended council approvecontribution of up to $3,052 for a garbage rate study. Councilman Pagliaro moved approval of Items ttd," and gtt with thestipulation on item "grr that the city not pay unless all others pay Seconded by Councilman Mangini, carried unanimously on voice vote. OLD BUS]NESS PARKING STRUCTURE MEETING Councilman Amstrup stated he hoped the press would publicize theupcoming public meeting on Saturday, February 23. He noted if thereis not a good turnout the city would have Eo find a better way to notice those meetings. 2L9 NEW BUSINESS PROCLAMAT ION Mayor Martj-n NEW BUS]NESS proclaimed March - COUNCIL REV]EW 2 and 3 rrEar of the Lion Days.tt OF PLANNING COMMISSION ACTION Councilman Pagliaro approving a carport ca11ed up for council review the declsion at 300 0ccidental Avenue. F]NANCE DIRECTOR LAST MEETING Mayor Marti-n acknowledged the presence of Finance Director Helen Fricke and noted this would be her last City Council meeting. Council and the audience applauded Mrs. Fricke. A CKNOhILEDGMENT S 1 Memo from City Treasurer securities held by city; held; and a Statement of Letter from Bay Area Air resolution to adopt more Letter from AAA regarding Letter from Marie Jones, Pershing School site for regarding new regulations on reporting the first monthly report on securities InvesLment Policy. L4; Traffic, Safety, 1985. Quality Management District requesting a str j-ngent diesel controls. its Pedestrian Protection Program. \41 Crescent, favoring purchase of a senior center. 2 3 Treasurer t s Report, January 31,1985 Commission Minutes: Civil Service , January Parking, January 10; Plannlng, FebruarY ll, Proclamatlon: Arbor Day, March 7 , 1985.4 5 B Letter from the San Mateo County Coordinating Council on Developmental DisabiliLies asking for nominations for the'rPeople Who Care Award. tt 9 Letters from Pete Popin and Jean High, residents on Lexington, regarding rezoning of Rollins Road and asking for closure of the a11ey between Rollins Road and Lexington. REVIEW OF SCR 74 MEET]NG Mayor Martin requested Director of Public l,tlorks review recent meeting and ridership study. Dj-rector stated the figures were confusing and they are supposed to come to PENTAP with updated figures. FROM THE FLOOR A citizen inquired about the public hearing notice he had received regarding 7221 Bayswater. Mayor Martin reviewed hearing had been rescheduled for March 4, 1985 meeting. Another citizen inquired about the letters acknowledged regarding Rollins Road rezoning. Mayor Martin informed letters would be included and reviewed at the time that considers the issue again. CLOSED SESSION PROPERTY ACQUI SITION tonight him that those counc i 1 Council adjourned to a Closed discussion was acquistion of Donnelly Avenue. at 9: 50 p. m. Subject of School site and property on Session Pershing ADJOURNMENT regularly adjourned at 10: 16 p . m Judith A. MalfattCity Clerk Meeting was 6 7