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HomeMy WebLinkAboutMin - CC - 1979.10.01l+L 437 BURLINGAME, CALIFORNIA October L, 1979 CALL TO ORDER A regular meeting of the Burlingarne City Council was held on theabove date in the City Hal1 Council Chambers. I4eeting was ca1ledto order at Bz25 P. M. b1z Mayor Amstrup at conclusion of executivesession beginning at 7:30 P.M. at which consultants for BayfrontPlan and Waterfront El-ement of General Plan were interviewed. PLEDGE OF ALLEGTANCE TO THE FLAG Led by Alfred J ROLL CALL Palmer, Police Chief. COUNCIL MEMBERS PRESENT : AMSTRUP,BARTON,CROSBY,MANGINI,MARTIN COLINCIL MEI{BERS ABSENT: None MINUTES The minutes of theproved and adopted. regular meeting of September 17, 1979 were ap- APPLICATION FOR PERMIT TO SELL USED AUTOMOBTLES DRIVE GREG COMAROTO AND MAHMOUD ZARREHPARVAR IO37 CALIFORNIA Mayor Amstrup set November 5, 1979, 1i-cation. this item for hearing at the because of code requirements Council meeting offor newspaper pub- ENTERTAINMENT PERMIT RENEWAL EGGPIANT RESTAURANT, 1310 OLD BAYSHORE Letter of September 4, 1979 from Acting Chief of Police indicated noparticular police problems with this establishment and recommended one year renewal of the permit. Letter of August 28, 7979 fromHealth Department, County of San Mateo, stated result of sanitationinspection at this restaurant was satisfactory. Councilman lt{angini moved renewal of this permit for a one year period, second by Councilwoman Barton, carried on unanimous vote. ENTERTAINMENT PERMIT NEW JJ7 Inc., DBA JOHNTS PLACE 348 LORTON AVENUE JERRY LYERLA Letter of September 24, 1979 from Mr. Lyerla applied for entertainmentpermit for the hours of 8:00 P.M, to 1:00 A,M. on Sundays for Western music and an occasional evening of organ music organ to be with sideattachments as a "one-man band. " After describing application, Mayor Amstrup opened public hearing. Mr. Lyerla addressed Council regarding his new application. He statedhis previous application had been denied because he was not present atthe hearing. He affirmed he had not been informed of the hearing date.Mr. Lyerla stated he had been in business in this area for 25 years and advanced as reasons for permit approval the facts that: 1. Approvalsof place of business had been received from Fire Department, Po1ice Department, Health Departrnent, Building Inspector. 2. Business is notwithin a block of any type of residence. I,ii11 not be a noise disturb-ance. 3. Music is country lalestern and does not appeal to young peopleor motorcycle types. 4. Entertaimnent permit needed to help pay $26,000 a year lease. Lease, of which he had sent Council copies, doesnot prohibit entertainment. In response to Council question, Mr. Lyerlastated the organ music would be no more than three times a month. Fire Chief reported that Fire Department regulations were saLisfactorily 4+* 138 met with the final correction of a tension cord had been used because New breaker has been installed. situation where a long ex- of a faulty cj-rcuit breaker. Some Council members expressed unease in dealing with the 1ease, a matter between the landlord and tenant, affirming theirposition was to consider an entertainment permit and not toarbitrate a personality conflict. City Attorney recommendedthat any disputes over the lease and whether or not it implies entertainment can be permitted should be settled beti^/een Mr. Lyerl-a and the landlord. Attorney Marcel Biscay addressed Council- as a representative ofMr. and Mrs. John Garbuio, Lyerla's landlords. His argunent was that an entertainment permit would create noise in this neighborhood and in the residential neighborhood I block away. He stated the Fiat Agency had complained, and gave Council apetition signed by four firms in the neighborhood, among them George Bowers Company, which opposed entertainment permit becauseof debris and carelessness of patrons. In response to Councilquestion about how there could be noise complaints on this bfock from such as the Fiat Agency and Bowers when such business andother offices are not open on Sundays, Attorney Biscay repliedthat if there were noise and if there were someone thbne they would hear it. In response to question on how could they objectif they were not there, he stated he did not know. Some Council co[unents were: argument about noise was weak, and apparently real objection is to debris in front which has nothing to do with an entertaj-nment permit. Council members questj-oned l-ack of supporting d.ocumentation on this application such as fire department report, police report.Staff remj-nded Council that polj-ce report had been submitted withprior appl ication. Councilman Mangini withdrew his motion, and Council decided to delay decision on this permit until the next regular meeting so thatthey could peruse updated fire department report as well as other complete documentation. Mayor Amstrup announced public hearing was closed and that permit would be continued to meeting of October 15. RECES S Short recess was declared at 9:00 P.M STAFF MEMORANDA 1. CITY DIANAGER: GREYHOUND EXTENSION OF RENTAL creyhound Linesr letter of September 2l , 1979 requested of their lease on a month-to-month basis since they are pared to enter into a long-term extension at this time. were no Council objections to rental on this basis. extens ionnot pre- There 2. CITY ATTORNEY: 50-50 MUFFLER At the request of Mayor 7\mstrup, Councilwoman Barton read in full rnemo of September 24, 1979 from City Attorney reviewing this situation as it existed in the past and as now corrected, vTith the notation that, "Future enforcement will simply be a policing prob lem Chester Watson, 1511 Newlands, addressed CounciL as representative Councilman Mangini moved that entertainment permit be granted fora period of three months for Sunday music, to be country and Western, organ music to be once every two weeks, with no dancing desired. ffi 139 of the neighborhood. He stated they have been pleaseil withthe results over the l-ast three weeks, and there are noproblems. If there are problems in the future, they v/i11refer to the Police Department. Councj-l agreed. to conclude this subject unless there werefuture developments. There was Council conment, however, thatthe sidewalk obstruction in particular should be monitored. CONSENT CALENDAR 1. TENTATIVE MAP, COMMISSION 10 O 8 EL CA.IVIINO REAL RECOMMENDED BY PLANNING RESOLUTIONS: RESOLUTTON NO. 72-79 Memo of September ]-8, 1979 from Assistant City Engineer statedthis tentative map for condo project at this address was re-viewed by Planning Commission and recommended for approval bythem subject to four conditions. Excerpt from planning Commissionminutes listed these conditions of which the third, ". .that theunderground parking be l-eft open and not have a security gatertl was questioned by Councilman Martin. City planner reported therewas no room for required visitor parking except underground; hence,it could not be secured. The Councilman stated he would agree withthe condition if it stated that parking und.erground would be securedwith at least 2 - 3 spaces outside the security gate. City planner agreed to change the condition. 2 A B IIACCEPTING WASHINGTON PARK LIGHTING PROJECT.' "GRANTING SPECIAL PERMfT, 792 WILLBOROUGH DRIVE FROM ALL DTRECTIONS II moved approval of the consent calendar, secondcarried on unanimous vote. There was no s second reading and was adopted on motiond bv Councilman Crosby, unanimous ro11 call B. RESOLUTION NO. 73-79 FLACE ii- SAN },IATEO BURLINGAME C. RESOLUTION NO. 74-79 ,.AUTHORI Z ING EXECUTION OF AGREEMENT BETI^IEEN COUNTY CONVENTION AND VTSITORS BUREAU AND THE CITY OF FOR PROMOT TONAL SERVICES N 3. ORDINANCES INTRODUCTION : ORDINANCE NO.1159 "ORDINANCE AUTIIORTZING HANDICAPPED ZONES' ORDINANCE NO. 1160 'IORDTNANCE ESTABLISHING STOP SIGNS AT FRONTERA A B WAY AND SEBASTIAN Council-man Manginiby Councilman Martin, ORDINANCE - SECOND READING HEARING ORDINANCE NO. 1158 I'ESTABLTSHING STOP SIGN AT HIGHWAY ROAD APPROACHING OXFORD ROAD AND CAMBRIDGE ROADI' Mayor Amstrup opened public hearing on this ordinance. comment and public hearing was declared closed. ORDINANCE NO. 115 8 passed it Letter of September 27, !979 from Burlingame Chamber of Cornmercegygltgd quarterly allocation for October l, l9i9 through December1979 in the amount of 94,250.00 in accordance with agreement, andattached listing of previous quarter's publj-c service. Councilman MangJ-ni moved this allocation be approved for quarterOctober 1, 19'79 through December 3l , 1979, second by CouncilmanMartin, carried on unanimous vote. of Councilman Mang .l-n]- , secon vote . CHAMBER OF COMME RCE OUARTERLY ALLOCATION UNFINISHED BUSTTIESS HOT]SING ELEMENT Mayor Amstrup reminded C ouncil of the Burlingame llousing Element re- 31, 44+ 1+0 deadline of January 1, 1980 and the fact that City planner hasnot been able to work on the existing draft element because ofthe press of other urgent items this year. He suggested Councilconsider hiring consultant to aid in writing this element. City Planner reported that the original deadline was october 1, 1979; but the State did permit an extension, already apptiedfor, to January I, 1980. He stated he could not do this workunless other City work was suspended, and requested permissionto contact several consuftants with report to Council at October9 study meeting on their services and price. There was some Council discussion, with staff commenting thatthe Cityrs position is that the Housing Element is mandatorybut that State Housing Guidelines are advisory. Cooperatives as well as condos will be covered under the Element. Council had no objection to contact of consuftants. I.IATER CONSERVATION Mayor Amstrup referred to draft ordinance of County Board of Supervisors adopting water conservation measures, and requestedthat Council members advise him of any objections. NEW BUS INESS POLICE AND FIRE DEPARTMENTS Mayor Amstrup commended City Police and Fire departments for their rapid action and hard effort in attending heart attack victim at a recent City meeting. Police response time was one minute, Fire Department response time was tl^ro minutes. However Medevac unit took six minutes to respond, and he suggested this be callecl to their attention. S OCCER Mayor Amstrup asked if Burlingame High School had been about possible accomodations for soccer. City Manager had been, but no answer had been yet received. contactedstated they DOGS Councj-lwoman Barton initiated discussion of letter of September 24, 1979 from Chairman of Park and Recreation Commission recommending an ordinance be passed prohibiting dogs from all City parks and a part-time employee be hired to enforce the ordinance whose salary would be paj-il by the fines he imposes. Council dj-scussed at length, but were not responsive to this sug- gestion. Reasons: Diffuculty of finding part-time employee for ihis purpose. Salary not self-sustaining because City will- not get fulI amount of fine. Difficulty of citing loose dogs. tn- convenience to people who go through washington Park with dogs as a shortcut to town. PROCLAMAT I ONS Council also discussed statement in Park and Recreation Commi-ssion minutes of September 24, L919 that the issue of Bayside Development should not be discussed by Park and Recreation Commission until Council officially requests the Comnission to consider the total- project. Council expressed surprise at this attituale, notj-ng golf Loui=e and soccer on Bayfront had publicly been discussed for the past several years, and this commission had shown no such reticence in the matter of dogs in parks. City Manager was directeal to com- municate with this commission on these two subjects. Mayor Amstrup procJ.aimed October 7 Week and October 1 through 3l , J.979 Month. " 13, 1979 as as San Mateo Fire Prevention County "Visitor COMMI S S IONS Letter ot g/27/79 from City Clerk listed commissioners whose terms +45, ++t had expired on Beautification Commission, Park and Recreation Commj-ssion and Traffic Safety and Parking Commission. I4ayor Amstrup requested that City Manager ask these people if they are interestedin serving again. Councilwoman Barton noted the large number of people waiting to serve on the Cityrs commissions, and moved that commissioners' terms be limited to two successive fu11 terms on the same commission. Second by Councilman Martin. fn response to question from Councilman Mangini it was noted that the Planning Commission was not excepted. Councilman Mangini suggested alternative: attendance records be kept and people who mi-ssed a certain number of meetings be dropped. He stated he would vote against the motion. Mayor Amstrup also opposed the motion, stating that the length of time served is not a measure of ability. Councilwoman Barton commented that no one is questioning ability,but there are so many people waiting to serve the City they should be given a chance. Motion passed on the following roll call vote: AYES : COUNCILMEMBERS : BARTON,CB.OSBY,MARTIN NAYES: COUNCILII{EMBERS : MANGIN] ,AMSTRUP Mayor Amstrup asked that all commissions be informed of HERITAGE ELMS this ruling. Letter of September 26, 1979 from the Beautification Commission recommended that City funds be appropriated to pay for replacing all Heritage elms removed on EI Camino Real for Dutch E1m diseasecontrol. Council referred matter to Park Director for report, with suggestion that alternative of service clubs donation of trees bealso explored. ACKNOWLEDGEMENTS 1. Letter of September 22, 1979 from Mrs. Geo. H. Maude,733 Plymouth Way re Bayfront height. 2. Letter of September L7, 1-979 from American Association ofUniversity ldomen re Council meetl-ng "observer." 3. Announcement of League of Meeting on October 11, 1979. California Cities Peninsula Division 4. Letter from San Franciscogarding San Francisco Water. Bay idater Association (undated) re- 5. Reports: Police Department, Augustt 1979. 6. llinutes: Beautification Commission, September 13; Library Board, September 18; Park & Recreation, September 20; Planning, September 24; Traffic, Safety, Parking, September 13, 1979; Citizens Study Group for Police Station, September 18 and 25, 1979. ADJOURNMENT Meeting regularly adjourned at 9245 P.M. 6(z.z-t. Etre1ynCity Clfu,ilu lwryTarrqry--rwBFrtF@i,raFitrr.w-iltry1ft f [r,!p!