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
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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.
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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
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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.
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d
e
f.
o6
h Letter from
in f ormat ion
Department of Health & Human Services requesting
about homeless people in city.
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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.
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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
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