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HomeMy WebLinkAboutMin - CC - 1984.01.0366 BURLINGAME, CALIFORNIA January 3, 1984 CLOSED SESSION A Closed Session regarding litigation and personnel was called to order at 7:30 p.m. by Mayor Amstrup; Barton, Mangini, Pagliaro also present. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City HalI Council Chambers. The meeting was called to order at 8:07 p.rn. by l{ayor Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Planner, Plargaret Monroe. ROLL CALL COUI{CILIiIEMBERS PR.ESENT : COUNCIL}.MMBERS ABSENT : Minutes of the Regular It{eeting of December 14, were approved. A},{STRUP, BARTON, PIANGINI, PAGLIARO MARTIN (wiII arrive late) Meeting of December 5, the Adjourned Regular and the Study Meeting of December 14, 1983 REVIEIAT OF IBIS IIOTEL PROJECT 835 AIRPORT BOULEVAP.D PUBLIC HEARING City Planner reviewed her memorandum of December 21, 1983 in which she reconmended council hol-d public hearing and take action. Ibis Bayview Limited is requesting a special permit for height of B9'2" for a 305 room hotel in the Anza area. The main entrance will be from Airport Boufevard and a secondary entrance will be from Anza Boulevard. A temporary secondary entrance will be provided from Anza Boulevard until Anza Boulevard is improved to connect to northbound 101. The roadway wil-I be improved by Ibis to provide this secondary entrance. A11 other requirements of the C-4 zone and the design guidelines have been met by the project. The Planning Commission aporoved the special permit rvith 24 conditions at its meeting of November 28,1983. Future roadway improvement plans for the Anza area include consideration of possible realignments of both Anza Boulevard and Airport Boulevard which would affect this site. To anticipate these realignments, reduce possible future impacts, and to acquire the needed right-of-way before development occurs, a land trade is proposed. The City would exchange a part of the bank which contaj-ns the fill on the sanitary land fill in exchange for a portion of the northeast (8126 SF) and southeast (20,704 SF) corners of the site. Equal area,2BtB30 SF, will be traded. Ibis will be required to rel-ocate the biclzcle pathr^zay which now runs through their site to the Anza Boul-evard frontage. This relocation will allow that pathway to connect to the pathway system which crosses the future highway bridge, goes under the future bridge to access the pathway system along the laqoon, and cl:osses Airport Boulevard to connect the pathway system along the Bay's edge. The current placement of the path- way does not allow for these interconnections. In addition, the bank will be finished, landscaped and maintained by Ibis. Mayor Amstrup opened the public hearing. Jeff Riness, of David Jacobson Architects, stated the City Planner's memorandum had covered the project well. He added the project has ex- ceeded city requirements on 1ot coverage, land use, easement setback and l-andscaping. As far as the height, it would have been possible to move one story to the four story wing but that would have impacted the park more. They are trying to stay as far away from the park as possible to lessen the impact. There being no other comments, the hearing was closed. 67 Riness stated the architects had worked withCity Engineer to 1ay this plan out. He felt out . a traffic engineer and the any problem would be worked Councilman Pagliaro's second concern was the height of the project in to the top floorsregards to fire safetyi would fire trucks haveof the proj ect. s ta tedRiness feilt there would be access from one side to\,/er,with the 100 foot ladder on f i-re trucks. access or the other of the Mayor Amstrup ca11ed a recess at 8:25 p.m. in order for the City Engineer and Fire Chief to confer and study the map to assess whetherthere was access for fire trucks. The meeting reconvened at 8:30 p.mwith all members previously present. Councilman Martin arrived at the meeting at 8:30 p m City Engineer stated that the deliverytruck can back into the area and reach was more than enough turning room. area will be at grade and firethe top and roof area. There Councilman Pagliaro inquired about plans for the property line at the park . Mr. Riness said final plans have been left to the lanclscapebut he envisioned a three foot "slough wall-" to pick up dirterosion from the bank and a fence along the back. architects and Councilwoman Barton moved to approve the project with conditions inExhibit A attached to City Plannerrs memorandum of December 21 . Seconded by Councilman Mangini. Motion caffied on rofl call vote, Councifman Martin abstaining due to his absence during public hearing. REAPPLICATION FOR AMUSEMENT PEPJ,IIT BANYAN BAY RESTAURANT - 327 LORTON City Attorney reviewed his memorandum of December 27, \983 in which he recommended council hold public hearing and act on the Amusement Permitapplication. To his report he attached a letter from Charfes Light,attorney representing Banyan Bay, dated Decemlrer 14, 1983. Banyan Bayhas continued to operate with dancing to recorded music despite council'sdenial of its amusement permit on November 7,1,983. City Attorney hasattempted to obtain an injunction to prevent its operation without apermit. The court issued a conditional order stating that while city was correct in attempting to prevent Banyan Bay's actions, Banyan Bay was not creating any noise or police problems and was given a limited time to file an appropriate action challenging the deniaf of the permit. Banyan Bay then fifed a Writ of Mandate, which essentially reviews the record of the council hearing to determine whether there was substantial evidence to support the denial of the permit. Banyan Bay also asked fora temporary restraining order so that they coulal continue to operatewith music and dancing until I a.m. during the pendence of the lawsuit. The court allowed this since, according to their attorney, they couldnot economically operate without dancing and since they were not causing any police police problems. A hearing is set for .fanuary 6. In the meantime, Banyan Bay has again filed for an Amusement Permit. Banyan Bay has also submitted plans for a new addition to the restaurant.City Attorney noted the pLans only show the the proposed addition, notthe present site. Charles Light, representing Banyan Bay and Robert Price the owner, ad- dressed council. He stated nothing would give him greater joy than tocaII the clerk of the court to cancel the lawsuit and he would do thisif counci] granted the amusement permit. He requested a 90 day permit Council-man Pagliaro stated he had called this project up for review because he was concerned about possible loss of federal- funds in re-gard to the land s\"rap. Since there are no federaf funds involved inthe roadway realignment, as explained in the City Attorney,s memorandumof December 20, he is no longer concerned about that aspect. He had tv/o other concerns, one being the turning radius and possibleloss of parking spaces. The map presented to cor:nc11 indicates whatclearances are required to gain access to the site. The turnj-ng radiusimpacts some of the parking spaces. He was curious how they could ac- commodate that. 6B in order for Banyan Bay to prove it can run a proper business. Banyan Bay has proved that it can do sor there have been no serious problems since October concerning noise or litter. He stated you can stand at the corner of Lorton and Donnelly and there is no noise. I{e illustrated on a blackboard the present restaurant and the proposed addition. This addition would place the dancS-ng furthest from the street. He believes Banyan Bay has addressed all the problems raised at the September 19 meeting. No serious problems have occurred at Banyan Bay with the exception of the December 3 incident (a person was seriously injured in an altercation with l,tr. Price). He stated denial of the permit would cause a financial impact on the city; the city will -recej-ve $13r000 per year from the restaurant. Additionally, they em-ploy many people from Burlinqame who spend their payroll in the cit1r. He compared Banyan Bay's activities with other establishments whose amusement permj-ts were not revoked after problems. They would like a 90 day permit to prove they can funtion rvithout problems and if they fail to do So, l{r. Price will not have dancingat Banyan Bay. If Price is given the opportunity he will go forward with building addition for a four part operation with a new restaurant,cocktail lounge and dance floor. If city grants permj-L they will prove they can run a proper business and wil-l dismiss the lawsuit. City Attorney j-nquired how the business would be run during a 90 day permit. Mr. Light explained essentially as it is nowi that couraged to move into the rear area for dancing asin order to keep noise from the street. t{r. Priceto major expense of remodeling if the council will amusement permit. patrons will be en- the evening proceeds doesnrt want to gonot a1low him an Councilwoman Barton expressed dismay at the fact that Mr. Price now has two dance floors. Council gave him the benefit of the doubt when he saiC he would move dance floor to rear area. Light stated there was no intentionto deceive council. Mayor Amstrup confirmed with tttr. on the front dance floor. Light that patrons were stilI dancing Light explained that there are now two dance floors, the second floor is a temporary fl-oor to alleviate sound problems. Councilman Mangi-nj- referred to Lightrs letter inquiring if there is an implied threat to council in that the lawsuit would be dropped if the amusement permit is allowed. Light stated the litigation would continue, but if the permit is granted Light would recommend to Price that the suj-t be drooped. counci-Iman Pagliaro j-nquired when the =."ont%fiBor was completed. Light stated between October L2 and November 7 meetings. After dis- cussing with City Attorney, Price felt that he couldn't move the front floor and he wanted a temporary floor in rear. City Attorney stated they discussed putting in dance floor and fact that if they were not given permit then they were taking a chance. Councilwoman Barton couldn't see how they could have two dance floors. Light stated there is a misunderstanding abbut what haopened at the meeting of September 19. Mayor Amstrup stated the conversation was that they would move dance floor to the back, not have two dance floors. Councilman Martin recalled that they would not do anything until they talked to the Fire Department because they did not meet code. He still couldn't see two dance floors when the permit was for one dance fIoor, the idea was to move the front dance fl-oor into the rear. 69 Light said the reason for two dance floors was to rteduce the soundlevel. Councilman Martin said the point is to keep noisenot trying to interfere with this business but is compatable with the neighborhood. down, council istrying to keep it Chief of Police plaints. stated to his knowledge there have been no noise com- Light said the permit would be for the business in presentwith two dance floors. If council limits nunber of floorsdesire to keep the front dance floor. condition they would Light reviewed the business lost income by half when it stopped dancing.If dancing is not permitted, the restaurant would c1ose. The front dance floor is needed because it is an attraction to the public and canbe seen from the street. Councilman Pagliaro inquired if their application is for one dance floor. amusernent permit. The number of danceLight said application is for anfloors has never been raised. Councilman Pa.gliaro inquired if Liqhtrs client would accept qualificationthat only one dance floor is alIowed. Light replied yes. Councilman Pagliaro reiterated that Light had stated the front dancefloor is needed because it is an attraction to the public and that iffloors are limited they would prefer to keep the front floor becausethe public cannot see the rear floor. Light replied yes. Councilman Pagliaro referred to the plans which were submitted to council. The plans show a dance floor that is in the rear and totally wa11ed in. I{hy is this new plan financially feasible when the present rear floor isnot feasible, and the new planned dance floor is not visible from thestreet. Light replied because in the 90 days permitted by this new amusementpermit they would have 90 days to j-nform the public about the changes taking p1ace. Councilman Pagliaro inquired if they would completinq construction oncommft to/the plans if they are granted the permit tonight. Light replied yes. Dimensions of the dance floors were discussed; the dance floor planned in the new area is smaller than the floor in front (about 15 x 16 feet). Councilwoman Barton confirmed that when the new section is they would not keep the dance floor in the front section. finished Light confirmed that was true. His understanding is that front areawill be a cocktail lounge. He requested council review the permit in 60 days because it would take 30 days to complete the impro'vements. Then Price would have some indication of whether his attempts to solve the problems has met with council approval. Then he could make the improvements before the 90 days are over. Councj-I stated it would like to hear that confirmed by Price, but Price had walked out of the meetj-ng a short time earlier. City Attorney stated Light is 1egal1y qualified to speak for Price. comply, council wouldLight stated that j-n 90 days , if Price does not be justified in suspending the permit. Councilman Martin was concerned that there was no "meetin.g of the minds. " of mi-nds. CouncilCity Attorney said there is can set the conditions. no need for a meeting Councilman Martin said he would be inclined to give Price the benefit of the doubt and a1low him a permit for 90 days if they dance in the back. i 4 I J 70 Councilman Pagliaro suggested a compromise, that council grant the permit for 90 days if the work is completed in 90 days and they move the dance floor to the rear and it be no larger than 15 X 16 feet. City Attorney said that if they do not complete and comply within 90 days they would not have a permit. I{ayor Amstrup said council shoutd also include a condition that there only be one dance floor. Councilman Martin would like to see this al-I reduced to writing for council review. City Attorney recommended completion of this tonight if possible. I{ayor Amstrup asked if there were any other comments from the public. Harry Graham, owner of a business on Burlingame Avenue and with the parking in rear 1ot next to Banyan Bay, said there is still a parking problem in the prj-vate lot. Signs and lines on pavement have done no good, he stiI1 can't use his own parking spaces and wj-11 have to have cars towed away. Bilt Lambert, Douglas Avenue, had read about the issues involving Banyan Bay and felt council should give Price a chance to run his business. Kathy Goblirsch, in business at 1213 Donnelly, stated she is located only 100 feet from Banyan Bay and works late many nights. She has never been bothered by noise and has never had a parking problem. Mayor Amstrup closed the discussion to the floor. Councilman Pagliaro moved the Amusement Permit application be accepted with certain conditions: I. that previous conditions placed on the restaurant as far as cleaning up trash, litter, and. parking he continued; and 2. within 90 days all dancing on the two present dance floors will cease; and 3. dancing on any dance floor be restricted to 1 a.m.; and 4. present dance floors will not be expanded in size; and 5. dance floor in the northwest quarter of the premises be constructed*under the plans submitted to council and re- stricted to the size of no more that 15 X 16 feet; and*within 90 days 6. only that one dance floor will be utilized after the 90 day period. Seconded by Councilman Mangini. Councilman Pagliaro inquired if those conditions would be acceptable to Mr. Price. Light replied they would be acceptable. Motion carried unanimously on roll call RECESS vote. Mayor Amstrup declared a recess at 9:55 p.m. The meeting reconvened at I0:05 p.m. with all members present. SCHEDULE PUBLIC HEARING REGARDING STOP SIGN AT HOWARD AND ARUNDEL Mayor Amstrup scheduled request for a stoP sign a public hearing on January 16 regarding the at Howard and Arundel. CHAMBER OF COMMERCE REQUEST FOR CONTINUED FREE PARKING Council had no objection to contj-nuing the possibility of modifications in some areas problems. Councilwoman Barton moved to continue the Councilman Martin, carried unanimously by free parking with the where there are Parking free parking. Seconded bY voice vote. 7L RESOLUTION 1-84 AUTHORTZING AGREEMENT FoR ENGINEERING oF ATRPoRT BOULEVARD REHABILITATION - PHASE T - PROJECT 328 Councilman Pagli-aro noted he woutd abstain from votingr on thismatter because of a possible conflict with one of his-cIients. Healso noted his concern about the roadway infringing on Bayside Park. Councilman Mangini moved adoption of Resolution 1-84. Seconded byCouncilman Martin, carried on ro11 call vote, Councilman Pagliaroabstaining. CANCELLATION OF STUDY MEETING AND SCHEDULING OF SATURDAY STUDY MEETING FOR ANNUAL PRIORITIES AND WORK PROGRAI\{ REVIEI\I Council agreed to cancel the January 4 The Annual Prlorities and l{ork Program January 27 at 9:30 a.m. APPOINTMENT OF CTTY CLERK , L984 Study Meeting. Review was scheduled for City Attorney reviewed that council must appoint a new city clerkserve to November 1985 or call a special election to elect a cityto fill that term. That election would be combined with the Juneprimary. Councilman Martin, Mangini and Councilwoman Barton expressed theirdesire to appoint for the remainder of the term. Mayor Amstrup noted that with the resignation ofas of December 31, 1983 the council must appoint end of Januarv 1984. He requested City Attorney Councilman Pagliaro stated his desire to have thefilled by a special election. He felt the peoplecity cIerk, although he realized there was a veryavailable for appointment. City Clerk Evelyn Hilla replacement by the review the procedures. toclerk L984 remainder of the term should choose the newqualified person \- Mayor Amstrup inquired of council's opinion about the positions of clerk and treasurer being elected versus being appointed. Councilman Martin desired that issue be brought to the next study meeting for discussion and it can be put to the voters at the nextelection if necessary. He felt that issue should be at an election atwhich the election of clerk and treasurer is not also before the voters. Mayor Amstrup noted that the matter of savj-ng money by not having anelection to fill the position is nullified if we have an election to decide whether the position is appointed or elected. CouncilmanPagliaro agreed. Councj-lman Mangini stated the issue of whether or not the electoratewants an appointed or elected clerk and treasurer should not be on the same ba1lot where that person is being elected. If that means anelection in June, he was for it. Councilman Mangini moved that Deputy City Clerk Judy Malfatti be ap-pointed City Clerk to fill the unexpired term to November 1985. Seconded by Councilman Martin. Motion carried on ro11 call vote, Councilman Pagliaro voting no Mayor Amstrup noted that he voted aye because he felt the appointee isthe most qualified for the job, although he would prefer to see thematter go to the voters. Councilwoman Barton wantedwith electing the clerk or term. it made clear that counci-I did not do away treasurer, it merely filled an unexpired City Manager suggested the appointee retain theClerk and that the position of City Clerk be anduration of the term. status of Deputy City added duty for the Counci-lman Mangini noted that was implied in the motion he made. 72 Council-offices requested the consideration of elected versus appointed of clerk and treasurer be brought to the next Study l{eeting. CONSENT CALENDAR Councilman Pagliaro removed. the item regarding aoproval of the Tentatj-ve Condominium Map for L233 Bellevue and requested council review at the next meeting. Hearing scheduled for January 16 meeting. 1 ADOPTION OF ORDINANCE 126\ ONE-WAY TRAFFTC ON HIGHLAND AVENUE BETWEEN CALIFORNTA AND HOI^IARD A public hearing was held on December 5, I9B3 and council should adopt this ordinance tonight. INTRODUCTION OF ORDINANCE L264 - ALLOW]NG DWELLINGS IN CONNECTION WITH INDUSTRIAL ESTABLISHIvIENTS IN THE M - 1 ZONE 2 City Attorney's memorandum of December 6, adoption of this "housekeeping" ordinanceadvertently dropped last year. 1983 recommendedto add a section in- 3. CLATMS:1 THOMAS POLTZZT 2 HELEI{ BIGELOI{ City Attorney recommended denial. 4. AMUSEMENT PERI{IT FOR YOLANDATS RESTAURANT, 1306 BAYSHORE City Attorney's memorandum of December 19, 1983 recommendedgranting the permit. Police indicate no problems at the si-te. 5 SCHEDULE PUBLIC AIVD REZONING OF HEARING 1501 EL JANUARY 16 CAMINO AND FOR GENERAL PLA}tr A}'IENDMENT 150 8 ADELINE DRIVE City Planner's memorandum of December 21, 1983 recommended council schedule public hearing. 6. SPECIAL ENCROACHME}IT PER},IIT FOR FENCE AT l-5L2 ADELINE DRIVE City Engj-neer's memorandum of December 27, 1983 recommended approval for this four foot chain link fence. 7 TENTATIVE AND FINAL PERCEL MAP AND FOR 15 UNITS AT 30 LORTON AVENUE TENTATIVE CONDOMI}IIUM MAP I4AP 81-6 City Engineer's memorandum of December 27, 1983 recommended council concur with Plannj-ng Commission and approve these maps. 8. RESOLUTION 2-84 ALITHORIZING AGREEMENT FOR LABOR NEGOTIATIONS City Manager's memorandum of December 27, 1983 recommendedcouncil adopt this resolution for an agreement with Whitmore and Kay to handle city negotiations for 1984; proposal not to exceed $25,000. RESOLUTION 3.84 - AWARDING CONTRACT FOR BROADWAY/CALIFORNIA SIGNAL CONTROLLER REPLACEMENT - PROJECT 326 9 Director of Public l{orks' memorandum of December 28, mended council award contract to B. Budd Company to traffic signal controller in the arnount of $7r700. 10. I,{AR.RA}ITS AND PAYR.OLL 1983 recom-furnish the Finance Director recommendedduly audited, in the amount46L61 46825 for the month $551 ,L28.24. approval of Inlarrants L9207 - 19531, of $954,39:-'.20 and Payroll Checks of November, 1983 in the amount of Counci-I unanimously approved the Consent Calendar. I(ARSHAL ON HOTEL FIRE SAFETYNEhT BUSINESS REPORT FROI'I F'IRE Councilman meeting. Pagtiaro requested this item be brought to the next study .-T l-, c, JO 1 SCHEDULE APPEAL HEARING Mayor Amstrup scheduled an appeal hearing for January 16 on thederial of a special permit for Courier Service in M-I Zone, 850 Mahler Road, by TNT Skypak, Inc. ACKNOI,{LEDGEMENTS Commission Minutes: Traffic, Safety and Parkirg, November 10;Civil Service, November 15; Library Board, November 15; Traffic,Safety and Parkirg, December 8; and Planning, December 12, 1983. 2. Treasurerrs Report, November 30, 1983. 6. Police Report, November 1983. Letters of thanks to the Fire Department from Peninsula Hospital and Dawn Mauz for aid during emergencies. Letter from Mr. and Mrs. Hunter, 1425 Casti11o, regarding a tree damaging the sidewalk in front of their home. Letter from Al1an Jamison, 977 El Camino, regarding sewer line overflow. 3 4 5 City Engineer reported Public Works department is investigating the complaint from Mr. Jamison. City Manager stated response has been made to the Hunterrs complai-nt a1so. RETIREI{ENT DINNER FOR FORMER MAYOR CROSBY City Manager reminded council that the dinner for former Mayor Crosby will be held this Friday night, January 6, 1984. ADJOURNMENT Meeting was regularly adjourned at 10225 p.m. Wfu' Judith A. l4alfattiCity Clerk