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HomeMy WebLinkAboutMin - CC - 1978.08.21214 BURLINGAME, CALIFORNIA AUGUST 21, 1978 CALL TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Meeting was called to order at 8:04 P.M. by Mayor Crosby. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Alfred J. Palmer, Police Chief. ROLL CALL COUNCIL MEMBERS PRESENT: AMSTRUP,BARTON,CROSBY,MANGINI,MARTIN COUNCIL MEMBERS ABSENT: NONE MINUTES Minutes of the regular meeting of August 7, 1978 were approved and adopted. HEARING 1. ? DISCO, 1316 BROADWAY. APPEAL FROM PLANNING COMMISSION DENIAL OF PARKING VARIANCE. AMUSEMENT LICENSE RENEWAL FOR ? DISCO. Assistant City Planner's memo of August 16, 1978 reviewed Planning Commission consideration of this application to enlarge seating area in this non- conforming use with no off-street parking; with subsequent denial by that Commission because of the disco's effect on surrounding property and residents.. Memo detailed changes to plans made since this denial which owner feels will be mitigating factors; and directed Council concern toward the issues of whether the several proposed changes to the building will reduce exterior noise so that people in apartments are not disturbed; whether the building will be safe at the proposed occupant level; and whether this type of use is reasonable at this location. Memo of August 15, 1978 from Chief Fire Inspector listed five items of con- cern which must receive satisfactory compliance before the Fire Department approves this proposal. Memo of August 1, 1978 from Services Bureau Super- visor, Burlingame Police Department listed several items of disturbance since the opening of this establishment, with notation that the owner had taken positive steps toward solving problems in making the establishment safe, and the recommendation that entertainment permit be issued for six months with a review in January 1979. Assistant City Planner discussed this appeal. In response to Council question he emphasized that while floor area was being increased, occupant load capacity of the building was not. Mayor Crosby declared public hearing open. Mr. Frank A. Borges, 1941 O'Farrell Street, San Mateo, addressed Council on behalf of his client, Mr. James Carrasco. He listed as consultants in mit- igation measures in amended plans as: James Sinclair, architect, with Panko/ Sinclair Associates; Dr. Ralph Turner, acoustical consultant; and Dr. Roger Canfield, security specialist. Mr. Borges deferred the technical issues of noise and public safety to the consultants' suggestions. He spoke to the issue of suitable land use to the point that this disco is a basically commercial recreational type of business, suited to the Broadway commercial area with its restaurants and night clubs. He noted Mr. Carrasco's efforts in cooperating with police and establishing the identity of a long-term businessman. Mr. Borges stated he had conferred with Ms. Ann Bruce, representative of owner at 1207 Paloma, regarding amended plans and she had withdrawn her objections. Mr. Borges then listed consult- ants' proposals for mitigation as follows: Architect - James Sinclair: 1. Remodeling will decrease people density and alleviate friction from over- crowding. 2. Better internal lighting. 215 3. Use of rear door restricted to emergency exit, with installation of additional interior door in corridor leading to existing rear door, for buffer. 4. Placement of bell on rear door. To ring on interior when door is opened, ceasing only when door is closed. 5. Safe occupant load of 371 will not be exceeded. Will be 164 seating capacity. Security - Dr. Roger Canfield: 1. Private patrol on duty from midnight to closing hour. 2. Identification and proof of age requirement. Dress code; metal detection check at door. 3. Valet parking at no charge. 4. Chain across public parking lot to rear of disco - eliminate gatherings at closing hour. Acoustical - Dr. Ralph Turner 1. New materials used in remodeling interior would be sound absorbent. „' 2. Roof skylights would be partitioned off. Acoustical ceilings installed to prevent noise leakage. 3. Ventilation ducts to be constructed so that noise is diverted to front of building. 4. Maximum noise level of 65 CNEL outside of building would be satisfied. Architect Sinclair and Dr. Canfield elaborated on their proposals and answered Council questions. Opponents of the variance spoke as follows: Charles Geer, owner of apartment behind disco - opposed basic concept of the use in this family residential/small shop area. Steven Sacco,1142 Capuchino - objected to parking situation. Richard Dross, 1207 Paloma - noise. Public heari:nu declared cinsed. Lengthy Council discussion followed. Mayor Crosby was concerned with methods of security, policing, control and parking. Councilwoman Barton thought it presented too many problems that the City could not control - parking, disturbance'in residential neighborhoods. Councilman Amstrup thought the nature of this type of business created cer- tain types of problems which the City does not need, and it is not suitable for Broadway. Councilman Mangini stated he was inclined to be against it from the stand- point of the general wellbeing of the people in the neighborhood. He thought it was not needed on Broadway. NNW Councilman Martin's main concern was noise. He pointed out that 65 CNEL (Community noise equivalent level) was not as important as measurement of a single noise occurrence in decibels, which he thought should be less than 45 Db. Councilwoman Barton moved this parking variance be denied, second by Council- man Amstrup, carried unanimously on roll call vote. Mayor Crosby opened meeting to discussion of amusement license. In response to Council questions, Mr. Borges stated his client would agree to noise reduction measures, security measures, and Police Department cooperation as conditions of the entertainment permit. Police Chief responded to Council question about behavior of clientele necessitating security measures. Council members expressed their individual concerns, proposing a series of conditions for temporary renewal of the amusement permit. Councilman Martin's motion to renew for a period of three months incorporated the conditions, as follows: Establishment of dress code. "W 2. Occupancy limited to 244 people. 3. Security measures to be enforced in compliance with those established in check with Police Chief. 4. Noise level at rear door to be 40 Db. per single noise occurrence. 5. Noise measurement to be taken once a month at an unannounced time by noise consultant of City's choosing at applicant's expense. a Y, 6. Fire Department requirements to be met. 7. Panic hardware to be installed on rear exit door, which is to be used only for emergency exit. Second by Councilman Mangini, carried on following roll call vote: AYES: COUNCILMEMBERS: BARTON,CROSBY,MANGINI,MARTIN NAYES: COUNCILMEMBERS: AMSTRUP (considered a disco operation inappropriate in the location) PROPERTY TAXES Mayor Crosby introduced Mr. Tour Collins, Chief Appraiser, San Mateo County. who reported Burlingame's assessed valuation as 208 million dollars this year, an increase of about 3 1/2 % over last years 201 million dollars. He stated unsecured roll figure would be available August 22, 1978. Finance Director stated he had property tax estimate from the County, total secured and unsecured, of 1.1 million dollars. RECESS After a short recess at 9:50 P.M., meeting reconvened. COMMUNICATIONS 1. SAN MATEO GARDENERS' ASSOCIATION, INC. RE: INCREASED BUSINESS LICENSE FEE Letter of August 3, 1978 from Mr. Sam Ota, President, San Mateo Gardeners' Association, Inc, protested recent raise in business license fee for gardeners from $6.00 to $50.00. Council discussed license fees charged gardeners in neighboring cities, and some complaints they had received. Mr. Tom Takayama addressed Council, detailing reasons for this protest which included the fact that many gardeners have only a few jobs in Burlingame, business license must be paid in every city in which gardeners work even though they have but a few jobs in each, senior citizens need gardening service and this will raise their rates, and this is a 700% in- crease in fees. Council discussed ethics of changing rate for one group only, but agreed to review problem at a later date. Mayor Crosby informed Mr. Takayama the Council could review at some time after budget hearings are finished. 2. ANZA SHAREHOLDERS' LIQUIDATING TRUST: REQUEST TO WAIVE FIRE SPRINKLER SYSTEM AT SKATEBOARD PARK, AIRPORT BOULEVARD. 3. ANZA SHAREHOLDERS' LIQUIDATING TRUST: PROPOSAL TO SUPPORT 2% AMUSEMENT TAX AT SKATEBOARD PARK IF SPRINKLER SYSTEM IS WAIVED Council had received letter of August 8, 1978 from Anza Shareholders' Liquidating Trust requesting that Council waive requirement of a sprinkler system, required by code for any structure in the waterfront area, for the roof to be built over the skateboard park on Airport Boulevard. Letter detailed reasons for this request. Another letter dated August 8, 1978 from Anza Shareholders' Liquidating Trust constituted a commitment to publicly support a 2% amusement tax at such time as Council proposes such a tax, if the aforementioned sprinkler requirement were waived. Memo of August 21, 1978 from Fire Chief stated that after investigating all codes and visiting the site, he believed that no useful purpose would be served by requiring a sprinkler system for this metal roof. However, he reserved the right to waive this opinion if skateboard park were modified or walls added to the roof. He quoted Section 1.214 of the Uniform Fire Code as authority to modify any of provisions of this code where practical difficulties exist in carrying out strict letter of code. 217 During Council discussion City Attorney pointed out that building code definition of building was that of a "shelter." The zoning code definition is a roof and substantial walls. He suggested that for the purpose of the sprinkler requirement the zoning definition be used. Council concluded the matter had been resolved since Fire Chief had waived the requirement. Council suggested, however, that the code regarding sprinklers be changed.to accept the definition of building under the zoning code, subject to review of the fire Department. Anza Liquidating Trust letter declaring support of 2% amusement tax was filed for record. ""W COMMUNICATIONS - STAFF 1. CITY MANAGER: PRELIMINARY EIR WASTEWATER RECLAMATION PROJECT Memo of August 14, 1978 from Director of Public Works specified that pre- liminary public meetings are required as part of the EIR procedure on the project, and recommended Recreation and Beautification Commission conduct them. City Manager endorsed recommendation under date of August 16, 1978. Mayor Crosby directed City Manager to implement these meetings. 2. CITY MANAGER: COMPUTERIZED GENERAL LEDGER. Finance Director's memo of August 3, 1978 recommended implementation of a computerized general ledger and accounts payable system as important to sound financial management of the City. He requested current service bureau agreement with Xerox be extended to include these systems at a cost of $10,000, included in proposed budget; City Manager's endorsement of August 16, 1978 concurred in recommendation. Mayor Crosby referred to letter of August 8, 1978 from John F. Condon, Mayor, San Mateo, which suggested that Burlingame enter into a "joint powers" -- computer system using San Mateo's computer. He requested comment from Finance Director, who advised against arrangement at present, citing present .� inadequacy of San Mateo's equipment and delay from one to two years in effective implementation. With concurrence of Council, Mayor Crosby directed Finance Director to pro- ceed with Xerox. 3. CITY MANAGER: TREATMENT PLANT PERMIT Assistant City Engineer's memo of August 1, 1978 requested approval for renewal of Wastewater Treatment Plant Permit, with $1,000 fee for appli- cation. City Manager recommended approval under date of August 16, 1978. Councilman Amstrup moved application for permit and accompanying $1,000 fee be approved, second by Councilwoman Barton, carried unanimously. 4. CITY MANAGER: GESTETNER EQUIPMENT Memo of August 15, 1978 from Director of Recreation recommended purchase of new Gestetner machine, at a cost of $1,852.25, since present machine is in- operative. Overhaul of present machine with parts and service for three years would be $1,254. with expected operation time of only 2-3 years. Mrs. Pam Flowerday, Recreation Department, addressed Council, detailing the operation of and problems with equipment. 1W After some discussion, Council agreed to replacement of current Gestetner machine at a cost of $1,"852.25, from contingency fund. 5. CITY MANAGER: FEES FOR USE OF LIBRARY MEETING ROOMS Memo of August 14, 1978 from City Librarian attached sample application for use of library meeting rooms, with detailed fee schedule, as approved by Library Board. City Librarian noted that .fees applied to all groups except Burlingame City Departments and groups directly related to the library. She requested policy decision on payment of fees for use of 218 meeting rooms by Regional Planning Commission and other Government agencies. Council discussed this question and decided to consider in detail at the next study session. Pending this resolution, library is to charge per their schedule with charges also to groups which charge for their services (i.e., C.S.M. and others.) 6. CITY MANAGER: PARKING ENFORCEMENT PERSONNEL Chief of Police, by memo of August 4, 1978 recommended that position for parking enforcement personnel be filled by a full-time employee, rather than two part-time per diem employees. Attached memo from Director of Traffic detailed reasons for this request. City Manager concurred by memo of August 15, 1978. Council decided to include this matter in budget study meeting to be held the week of August 28. City Manager was instructed to schedule this meeting when all Councilmembers could be present. 7. CITY MANAGER: CAROLAN AVENUE PROPERTY By memo of August 17, 1978 City Manager requested direction on rental of City property on Carolan Avenue - whether month-to-month or long term. After discussion, Council concurred that return from long term lease could be more advantageous than selling the property. Mayor Crosby directed City Manager to negotiate with tenants on this basis. 8. CITY MANAGER: STATE BOND ACT FUNDS (PARK IMPROVEMENTS) City Manager's memo of August 17, 1978 transmitted request from Park and Recreation Commission that City apply for $96,015 grant from 1976 State Bond Act, for which application must be made by September 15, 1978. Council discussed priorities of projects proposed for this grant. Decision was delayed to the meeting of September 5, 1978 pending detailed information to be presented by City Manager on Bayside Park project and four items of Washington Park improvements suggested by Park and Recreation Commission. RESOLUTIONS 1. RESOLUTION NO. 50-78 "FIXING TAX RATE FOR THE CITY OF BURLINGAME DEBT SERVICE FOR THE FISCAL YEAR ENDING JUNE 30, 1979" was introduced by Councilman Amstrup who moved its adoption, second by Councilman Martin, carried on unanimous roll call vote of members present. CONSENT CALENDAR 1. CLAIM OF DAVID MARINO. DENIAL RECOMMENDED. Memo of August 17, 1978 from City Attorney recommended this claim be denied per letter from R. L. Kautz & Company, dated July 28, 1978. 2. RESOLUTION NO. 51-78 "ACCEPTING DEED OF EASEMENT" - Anza Shareholders Liquidating Trust granting pedestrian easement to City. 3. RESOLUTION NO. 52-78 "RESOLUTION ACCEPTING MILLS CANYON ACCESS ROAD - JOB NO. 77-37" 4. RESOLUTION NO. 53-78" RESOLUTION FIXING ASSESSMENTS FOR SIDEWALK REPAIRS" 5. ORDINANCE NO. 1134 "ORDINANCE AMENDING SECTION 22.46.010 OF THE BURLINGAME MUNICIPAL CODE TO ADD AND CLARIFY PROVISIONS FOR THE PLACEMENT AND REMOVAL OF POLITICAL AND CAMPAIGN SIGNS" was presented for introduction. Council specified that final draft for hearing of this ordinance shall include statement that every permit applicant file with the City evidence of owner's consent for each vacant or unoccupied premises upon which a sign is to be placed. Councilman Mangini moved approval of consent calendar with above change to Ordinance No. 1134, second by Councilwoman Barton, carried unanimously. 5 UNFINISHED BUSINESS 1. COMMUNICATION FROM GLENN N. HARTZHEIM, PRESIDENT, HARTZHEIM FORD, INC.: UNDERGROUND UTILITY DISTRICT NO. 5. Mr. Hartzheim, by letter of August 2, 1978 had requested continuance on this matter to a later date. Council had continued to this meeting. Director of Public Works stated he had advised Mr. Hartzheim the Council must have an answer by the meeting of September 5, 1978, This subject was continued to the meeting of September 5, 1978. 2. REQUEST OF YELLOW CAB COMPANY OF SAN MATEO FOR INCREASED RATES City Clerk's communication of August 21, 1978 advised Council that Oliver Nordby of Yellow Cab had telephoned this date and requested a continuance of two weeks. With concurrence of Council, Mayor Crosby declared con- tinuance to the Council meeting of September 5, 1978. 3. RESOLUTION NO. 54-78 "RESOLUTION AUTHORIZING THE CITY OF BURLINGAME TO PARTICIPATE IN CAL FOR IA LIBRARY SERVICES ACT" was presented for Council action. City Attorney confirmed that this is a year-to-year arrangement and City would not be forced to continue. Councilman Martin introduced this resolution and moved its adoption, second by Councilman Mangini, carried on unanimous roll call vote, NEW BUSINESS BURLINGAME PLAZA In response to question from Councilman Amstrup, Director of Public Works indicated that reflectors would be set above the curb line at the new entrance to Burlingame Plaza. APPROVALS Councilman Martin requested that Director of Public Works give him detail on the following warrants: Nos. 3397, 3452, and 3572. In response to his question, Finance Director confirmed that Warrant 3505 was self-supporting. Councilman Amstrup questioned Warrants 3449 and 3450 registrations for Park and Recreation Directors for University of California. Finance Director stated this was for Asilomar conference which had been previously approved by Council. 1. WARRANT NOS. 3306 through 3609, duly audited, in the amount of $602,456.47 were approved for payment on motion of Councilman Mangini, second by Councilman Martin, all aye voice vote. 2. PAYROLL, JULY 1978, CHECK NOS. 4597 through 5247 in the amount of $364,291.51, approved on motion of Councilman Mangini, second by Councilman Martin, all aye voice vote. PROCLAMATIONS Mayor Crosby proclaimed September 3 through 4 as "Jerry Lewis Muscular Dystrophy Weekend", and September 10 to October 9, 1978 as "Voter Registration Month." ACKNOWLEDGMENTS 1. City Librarian communication of August 15, 1978 re hiring freeze, �. attrition and student assistants. Referred to budget study meeting. 2. Petition protesting closing of Easton Branch Library containing 69 signatures, forwarded by Mrs. R. W. Carter, 1720 Adeline Drive. City Manager directed to communicate with her regarding her comments on Peninsula Hospital. 3. Commission Candidate information. Council to discuss at next meeting. 4. Memo of August 3, 1978 from Director of Public Works re 1978 Re- surfacing Program. 220 5. Reports: Police, Fire and Treasurer, July, 1978. 6. Assistant City Planner: Negative declarations, August 17, 1978. 7. Minutes: Library Board of Trustees, July 18; Planning Commission, July 24 and August 14; Traffic, Safety and Parking Commission, August 14, 1978. 8. League cf California Cities request of August 14, 1978 that Council designate a voting representative and alternate to be present at business session of Annual Conference. Council discussed but did not designate. 9. Letter from Laura Swift, Lincoln School protesting Branch Library closing. 10. Memo of July 21, 1978 from City Attorney requesting settlement authority in the case of MAYNARD VS. CITY OF BURLINGAME. Council had no objection. ADJOURNMENT: Meeting regularly adjourned at 11:35 P.M. 4f 72X Evelyfi H. Hill City Clerk