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HomeMy WebLinkAboutMin - CC - 1985.04.15238 BURL]NGAME, CALIFORNIA April 15, 1985 CALL TO ORDER A duly noticed, regular meeting of the Burlingame City Council was held on the above date in the City Hal1 Council Chambers. The meeting was called to order at 8:03 p.m. by Mayor R. David Martin. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Attorney, Jerome Coleman. ROLL CALL COUNC I LMEMBERS COUNCI LMEMBERS MINUTES PRESENT: ABSENT: Minutes of the Regular of April 3, 1985 were AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO NONE of April 1, 1985 and the Study I{eeting LIM]TING FOOD THE BURLINGAME Meeting approved. PUBLIC HEARING - SECOND READ]NG ORDINANCE I3O2 ESTABL]SHMENTS IN THE BROADWAY COMMERC]AL AREA AND AVENUE COMMERC]AL AREA SUB-AREA A City Planner reviewed her memorandum of April B in which she recommended council hold public hearing and take action. She reviewedprevious council actlon and Planning Commission action on various alternatives to regulating restaurants in the subject areas. Mayor Martin opened the public hearing Cyrus i'{cMi1Ian, attorney representing Le Petit.e Boulangerie, stated his opposition t.o the ordinance; he pointed out that restaurants are aretail business; that ordinance would present administrative problems; present restaurant owners would have a monopoly on restaurant sites.His client has signed a lease f or a site on Burlingame Avenue andordinance would exclude his business. He presented a petition signedby busj-ness owners on the first block of Burlingame approving of thebakery and food service busi-ness. His client would like to have 10 seaEs for on-site consumptlon of sandwiches and pastries. McMillanintroduced Frank Cox, owner of Le Petite Boulangerie. Cox reviewed his type of buslness, showed pictures of his other stores. In response to council questions, he also distributed alayout of the bakery. McMillan had a copy of confirming letter dated December 4, 1984 for leasing the site. Lori Rutter, owner of the Keeping Room on Broadway, stated her opposition to the ordinancel it did not satisfactorily address the definition of a restaurant; the number of restaurants on Broadway has remained static, unlike the increase on Burlingame Avenue; ordinance does not address the problems of parking and traffic; it may cause a decline in the quality of restaurants. Mayor Martin closed the public hearing. Council discussion: original moratorium was adopted on January 4, 1985; think businesses which have signed lease should be excepted from regulation, this would include Le Petite Boulangerie and Earthbeam Natural Foods on Broadway; this ordinance is necessary due to theproliferation of restaurants in the subject areas; restaurants are considered ttdead spacett by other retailers; should be a sunset on the ordinance if adopted. City Attorney expressed concern that council establish certain criteria for excepting these additional businesses and any other that may come up. Council agreed thaE any business which has proof of a l,ease or contract for a siter or a health inspection for food servicesdated prior to February I, L985 would be exempt. Any affected business would have 30 days in which to present this proof to the city t 239 for exception from ordinance. Mayor Martin noted retail businesses; his the objection ordinance to this ordinance; restaurants are w111 be difficult to administer. Councilman Pagliaro moved adoption of ORDINANCE L3O2 with the addition of two conditj-ons: (1) the ordinance expire in two years if not renewedi (2) any establishment with proof of lease or health permit from county dated before February 1,1985 be exempt if application is made within 30 days of enactment of the ordinance. Seconded by Councilwoman BarLon, carri-ed 4-l on ro11 call vote, Mayor Martin voting no. PUBLIC HEARING REVIEW OF SPECIAL PERMIT FOR DESSERT SHOP/gETgRY AT 15OO ADELINE _ RESOLUTION 32_85 APPROVING SPECIAI, PERMIT City Planner reviewed her memo of April B in which she recommended council hold public hearing and take action. She reviewed Planning Commission approval of this special permit for retail and r^rholesale dessert shop/bakery at t.he Adeline Market site at its meeting of Iularch 25, 1985. A special use permit is required because 0rdinance 1266 establishing the C-1 zone on this site requires each use to receive a special permit. Councilman Pagliaro ca11ed this up for review. Mayor Martin opened the public hearing. Mamora Terrell and Phyllis Clima, property owner and applicant respectively, reviewed the type of business proposed. It will also se11 coffee and pastries to eat at the site on benches outside. Councilman Pagliaro reviewed his concerns about parking in the area and delivery trucks disturbing neighborhood. He wondered if council could condition permit that trucks only deliver between 6:30 a.m. and 7 p.m. Terrell stated there are always at least 13 parking spaces open at the site. Delivery trucks for this business will only come two or three times a week; difficult to regulate the exact time trucks come. Mayor Martin wondered what provision has been made to keep trash to a minimum with f ood and drinks sold t'to go.tt Terrell noted there will be trash containers dispersed around the site and they will also patrol to keep area c1ean. He questioned the advisability of being open on Sunday. Terrell noted the owners may find it profitable to close on Sunday. Joe Harvey, 2205 Adeline, spoke in favor of Lhe business and of being open on Sunday. Mayor Martin closed the public hearing. Councilman Mangini moved approval of RESOLUTI0N 32-85 with the additional condition that delivery trucks be on site only between 6:30 a. m. and 7 p . m. Seconded by Councilman Amstrup , carried unanimously by ro11 call vote RECES S May or 9z20 Martin declared with all members a recess at 9:10 p.m. The meetlng reconvened at present. the of the Mayor Martin noted the presence of newly elected chairman of Planning Commission, Bill Garcia. He also noted Janet Parker San Mateo Times is back after an absence of 18 months. PUBLIC HEARING APPEAL OF DENIAL OF SPEC]AL INTO WORKSHOP/ANT STUDIO AT 341 OCCIDENTAL PERMlT TO CONVERT GARAGE RESOLUTION 33_85 City Planner reviewed her memo of April 8 in which she recomrnended council holC public hearing and take action. 0n Mar:ch 11 Planning Commission denied the request for two special permits for this converted garage. Applicant Anastasia Cole converted her garage into an art studio/workshop. Special permits are required because the area exceeds 10 percent of the floor area of the residence and because the area will be used for a home occupation business. Mayor Martin opened the public hearing. ! 1 I{ I i 240 Steve Luzaich, attorney for applicant, requested council reconsider the denial; his client is willing to pay penalty for building without a permit; he submitted additional petition signed by neighbors and letters of support from 90 percent of neighbors; art classes are held in building, not a commercial activity; showed drawing of site with parking for four cars, three spaces uncovered; he requested council a1low applicant the fu11 use of her property. 0thers speaking in favor of applicant were: Stanley Grosse, art teacher from Foster City; Elizabeth Montross, 1538 Burlingame Avenue; Patricia Gumbinger, 333 0ccidental; Sherry Wi1liams, art student; Judlth Benson, 324 0ccidental; Alex Bodgls, 601 Burlingame Avenue; Juliette Lenkert., Il37 Douglas Avenue; Vlctoria Bradshaw, art student; Joyce Espinosa, 105 Crescent. They noted Mrs. Cole's fine character, great contribution to city and to artists; building is asset to the neighborhood; art classes do not create disturbance. Speaking in opposition: Howard and Barbara Hoffman, 1541 Burlingame Avenue; Vera Marinek, 1617 Chapin. They were concerned about settingprecedent of business j-n single-family home neighborhood; noise ofparties at that site in the past; noise of students coming and going; chemicals of paints used may be fire hazard; parking impact in nei ghborhood . Mayor Martin closed the public hearing. Council discussion: concern about having commercial classes in home neighborhood; this i-s a large home, should be room inside for classes; dlscussed home occupation license requirementsl complaints about three noisy parties during past year at the site. Mrs. Cole stated her daughter gave the parties and it will not happen again. RECES S Councilman Pagliaro request.ed a brief recess with City Attorney. Mayor Martin reconvened with all members present. at 10:05 p . m. to confer the meeting at 10:07 p .m Councilman of interest determined Pagliaro stat since his pr there was no ed he was c operty abut conflict. oncerned abouL a possible conflict s Mrs. Cole's. City Attorney had He reviewed that applicant was granted permission to rebuild garage afEer storm damage in l-982 beforehe was elected to council, but three months aft.er completion thegarage was remodeled and enclosed for studio without permission. Mayor Martin noted his problem with people who are granted permission to rehabilitate and then remodel instead. He had a concern about theproposed parking solution which would place the three required parking spaces uncovered against the property line fence. Attorney Luzaich home occupation; PUBLIC HEARING - APPEAL OF DEN]AI, FOR SPECIAL TO ADD LIVING UNIT TO 333 LORTON - RESOLUT]ON said Mrs. Cole would get a business license for that her business was not a commercial use. 30 put a whi ch the area. Councilman Amstrup moved to uphold the Planning Commissionrs denial by RESOLUTION 33-85. Seconded by Councilwoman Barton, carried unanimously by ro11 call vote. Mayor: Martin notified Mrs. Cole that she would have to restore her garage to original condition and to required transition between the garage slab and the days in in place rear paved AND TWO VARIANCES City Planner reviewed her memo of April 8 in which she recommended councj-l hold public hearing and take action. Planning Commission denied this request at its meeting of March 25, 1985. Applicant Kowalski presented the same plan to city in 1983 and it was denied on appeal by council at its meeting of February 6, L984. Kowalski waited the required one year and resubmitted the same p1an. Mayor Martin opened the public hearing. John Kowalski, 333 Lort.on, requested permission to build a second story living unit on his launderette facility in order to house and employ a security person. He reviewed at length his business hours; PERM ] T 34-85 241 security problems; cost of employing on site live-in security; foundation second story. outside at rear security as of business compared to will support Mayor Martin closed the public hearing. Council discussed at length with Kowalski; police had no reports of problems at the site; Kowalski said foundation has been tested by engineer but report has not been submitted to city; reviewed necessity for parking variance. Councilwoman Barton moved to uphold the Planning Commission denial by RESOLUTI0N 34-85. Seconded by Councilman Amstrup. Mayor Martin noted the five-foot setback is not needed adjacent building is a blank wa11 and Lhere is a need units in cit.y. because for more the living Councilman Mangini had no problem with approving the request. Motion to ro1 1 ca1 I uphold the vote, Mayor SYCAMORE TREE PRUNING Planning Commission denial was Martin and Councilman Mangini REPORT FROM PARK D]RECTOR approved 3-2 on voting no. City Managerts report of April 11 with attached report from Park Director recommended council refer to Beautification Commission for further study since no changes in pruning schedule are feasible until next fal1. Council concurred. WASTEWATER MANAGEMENT FACILITIES },IASTER PLAN PROJECT 251 Dj-rector of Public Works reviewed his memo of April 9 in which he recommended council approve the Master Plan to be presented to the Regional Water Quality Control Board. Cost of the recommendations will run $12.5 million in the next 10 years. City Manager noted staff will appear before the Board on May 15. Co unc i lman Counc ilman REPLACEMENT Amstrup moved approval of the Master P1an. Seconded by Mangini, carried unanimously by voice vote. OF C]TY HALL TELEPHONE SYSTEM City Managerts memo purchase of an AT&T of April 5 recommended council approve the system costing $44,000 including installation Councilman Amstrup moved approval of purchase of new Seconded by Councilman Pagliaro, carried unanimously telephone system by voice vote. Youth approves CONSENT CALENDAR Councilman Amstrup noted that funding for the Summer Jobs for program is on the Consent Calendar and that council heartily of supporting this program. a b RESOLUT]ON 35-85 - AUTHORIZING DESTRUCTION OF CERTAIN RECORDS CITY ATTORNEY OFF]CE City Attorneyrs memo of April 9 recommended council approve the resolution authorizing destruction of certain records. RESOLUTION 36-85 AUTHOR]Z]NG AGREEMENT FOR TREE LIGHTING ON BURLINGAME AVENUE I^rITH CHAMBER 0F COI,IMERCE c City Attorneyts memo of April B recommended council deny this c1aim. City Manager t s resolution for memo of s tre et April 11 recommended council lights on trees on Burlingame approve the Avenue. DENIAL OF CLAIM JULIA ROSENBLATT I I !) 242 d. APPROVAL OF FUNDING FOR SUMMER JOBS FOR YOUTH Administrative Assistan t/Per sonnelts memo of council authorj-ze $780 for this program from April 4 recommended contingency reserve. RESOLUTION 37_85 APPROVING APPLICATION FOR ROBERT]-Z'BERG ALLOCATION FOR VILLAGE PARK RESTROOI{ ADD]TION Park Directorrs memo of April 10 recommended council approve this resoluti-on applying for grant funds under the Roberti-Z'berg Urban 0pen Space and Recreation Program. f. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 24823 - 25201, duly audited, in the amount of $1,120,343.07 and Payroll Checks 57298 57977 for the month of March 1985 in the amount of $609,812.15. e Councilman Mangini moved approval of the Consent Calendar. by Councilwoman Barton, carried unanimously by voice vote. NEW BUSINESS Mayor Martin cal1ed up Commission on the Levy of the building. for council review Brothers building. the decision of His concern is Seconded Planning security the the CHANGING STARTING TIME OF COUNCIL MEET]NGS Councilman Pagliaro suggested council consider starting meetings at 7:30 p.m. He made a motion to that effect, seconded by Councilman Amstrup. Motion carried 4-L on ro11 call vote, Mayor Martin vot.lng no. City Attorney will prepare an ordinance to that effect YOUTH IN GOVERNMENT DAY MENU Council briefly discussed the appropriateness of the menu for Youth in Government Day. ACKNOWLEDGMENTS Commission Minutes: Planning, April B, 1985. Proclamation: Healthfair '85, ApriL L7-28, 1985. Proclamation: Earthquake Preparedness tr{eek, April L5-2O, 1985. Proclamation: Deaf Awareness Month, May 1985. Proclamation: Be Kind To Animals Week, May 6-L2, 1985. Letter from Dorothy Shafer complimenting staff of the Easton Branch Library. Letter from Pacific Be11, Burlingame Avenue, complimenting street workers on sewer overflow cleanup. a b c d e f. o6 h Letter from in f ormat ion Department of Health & Human Services requesting about homeless people in city. i j Treasurer t s Report, March 31, 1985. LeEter from CalTrans regarding raising Broadway and Burlingame Train Station platforms. Memo from City Planner regarding minor modificati-ons for (1) Parking Variance for addition to 7443 Laguna; and (2) Parking Variance for additi-on to L6L2 Coronado. Police Report, March 1985. t-t( 1 m Letter suits. from City of Chula Vista regarding "deep pockettt 1aw 243 requested City Attorney write letter regarding this ttdeep legislation. CLOSED SESSION PERSHING SCHOOL Council pockettl Council adjourned at 11 :03 p . m. negotiations on the acquisitlon to a Closed Session to of the Pershing School discuss site. ADJOURNMENT The meeting was regularly adjourned at 11:20 p.m w /+-- -, /4 '///k-c@fu-' ,/,/U Judith A. Malfatti City Clerk I{ j ,l I 1II II I l