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