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HomeMy WebLinkAboutMin - CC - 2012.09.17 CITY 0 BLIMUNGAME .4 �F,Tco auric +• BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of September 17, 2012 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Jerry Deal called the meeting to order at 7:07 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Anne Hinckle. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Nagel made a correction to the minutes of the September 4, 2012 meeting to add the following statement to item 8a, page 3, "Finance Director Nava said the discount will be revisited periodically". Councilwoman Nagel made an additional correction to item 8e, page 4 to change "Council requested that they review the notice" Councilwoman Nagel made a motion to approve the amended minutes of the September 4, 2012 regular Council meeting; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. 5. UPCOMING EVENTS Mayor Deal and Council members reviewed upcoming events taking place in the City. 6. PRESENTATIONS a. BUSINESS LANDSCAPE AWARD PRESENTATION TO CARR, MCCLELLAN, INGERSOLL, THOMPSON & HORN LAW FIRM Beautification Commissioner and Chair of the Landscape Award Committee, Anne Hinckle introduced fellow Beautification Commissioners Richard Kirchner and Mary Hunt. She also introduced local artist Dale Perkins, who provided watercolor renderings of the winning business to the Council members, City Hall, the Library and City Manager. He also provided a large original watercolor to Carr, McClellan, Ingersoll, Thompson & Horn Law Firm to be displayed at their business. Mayor Deal presented the business landscape 1 Burlingame City Council September 17, 2012 Approved Minutes award to Kelly Norian, Executive Director of the firm, Janet Mendez, former Executive Director of the firm and Gene Fleet the landscape creator and gardener. b. PRESENTATION OF A CERTIFICATE AND AWARD OF ACHIEVEMENT OF EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS OF AMERICA AND CANADA FinDir Nava accepted the award from the Government Finance Officers of America and Canada. FinDir Nava advised that this award is the highest form of recognition in government financing and reporting. 7. PUBLIC HEARINGS a. ADOPT A RESOLUTION APPROVING AND LEVYING THE 2012-2013 ASSESSMENTS FOR THE DOWNTOWN BURLINGA ME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT (DBID) CA Guinan reviewed the staff report and requested Council hold a public hearing and determine whether a majority protest has been made and, if not, adopt the Resolution approving and levying the assessments. Mayor Deal opened the public hearing. There were no comments from the floor, and the hearing was closed. Mayor Deal asked CC Kearney how many protests were received and CC Kearney reported that one protest was received. Councilman Brownrigg made a motion to adopt Resolution No. 66-2012 approving and levying the 2012- 2013 Downtown Burlingame Avenue Area Business Improvement District assessments on the businesses within the District for Fiscal Year 2012-2013; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. b. REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE SALES PERMIT (TYPE 20- OFF PREMISES BEER AND WINE SALES ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC), FOR BAYSHORE SHELL LOCATED AT 1390 BAYSHORE HIGHWAY CDD Meeker reviewed the staff report and advised that on June 19, 2012 West Coast Convenience, LLC, doing business as Bayshore Shell wrote a letter, as required by the California Alcoholic Beverage Control Board (ABC), to the Community Development Director requesting the City determine that a Type-20 off- sale beer and wine license at Bayshore Shell will serve the public convenience. Bayshore Shell is currently undergoing an extensive renovation to convert an aged building into a 500 square foot convenience store. CDD Meeker further advised that although the Police Department does not support this request, in the event that the City Council chooses to grant the request for a finding of public convenience and necessity, the Police Department has 15 conditions to be forwarded to ABC for inclusion in the approved permit. Mayor Deal opened the public hearing and the applicant Mr. Nick Goyal, CEO of AU Energy which owns "1 and operates 124 gas stations in the State of California. He said he purchased Bayshore Shell in 2010 and he recently did a$1,000,000 remodel to the station, car wash and convenience store. He said he takes great 2 Burlingame City Council September 17,2012 Approved Minutes pride in his stations and operates them with the highest standards of public safety. Mr. Goyal introduced Mike Brewer, of AU Energy who spoke and said the public has come to expect beer and wine in a gas station convenience store, and patrons will go to those stations that provide it. He also noted that this type of store is a convenience for the community on the east side of Highway 101, and since there are no sensitive uses close by, there is no negative impact. He also said AU Energy would voluntarily write to the ABC requesting they impose the conditions outlined in the staff report. Council asked about conducting an annual review of the application,however, CDD Meeker and CA Guinan said that ABC is the issuing authority,not the City. Council suggested that the Police Department provide an annual report on any negative activity at the site. Council asked the applicant if any of their gas stations had violations for selling alcohol to minors. Mr. Goyal said they had two violations for which they paid the fine and immediately terminated the employee. Mayor Deal asked if there was anyone in the audience who wanted to speak. Mr. Rabih and Mr. Haitham Ballout of Burlingame both spoke about the fine character of Nick Goyal. There were no further comments from the floor, and the hearing was closed. Councilman Brownrigg made a motion to adopt Resolution No. 67-2012 determining that the public convenience and necessity would be served by the California Alcoholic Beverage Control Board's issuance of a Type 20 alcoholic sales license for 1390 Bayshore Highway(Bayshore Shell Station)with the condition that alcohol not be sold between the hours of midnight to 6:00 a.m. (conditions no. 1 and no. 13); seconded by Vice Mayor Keighran. The motion was approved by roll call 4-1 (Nagel voted no). C. REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY(PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE,RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE SALES PERMIT (TYPE 20- OFF PREMISES BEER AND WINE SALES ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC), FOR WALGREENS DRUG STORE LOCATED AT 260 EL CAMINO REAL CDD Meeker reviewed the staff report and advised that on July 12, 2012 a letter was received from the firm of Haas Najarian, representing Walgreens at 260 El Camino Real in Burlingame,requesting that the City determine that an off-sale beer and wine license will serve the public convenience and necessity. Mr. Meeker advised that the Alcoholic Beverage Control Board(ABC) feels that since there is currently an over concentration of alcohol licenses in that area Walgreens must receive approval from the City Council. CDD Meeker further advised that although the Police Department does not support this request, in the event that the City Council chooses to grant the request for a finding of public convenience and necessity, the Police Department has 15 conditions to be forwarded to ABC for inclusion in the approved permit. Mayor Deal opened the public hearing and Attorney David Kramer, representing Walgreens, spoke and gave statistics on the benefits of Walgreens selling beer and wine. When asked about calls for service, he advised that Walgreens always had an unblemished record when they sold alcohol at the Howard Street store years ago and recently at the Walgreens on Broadway. Walgreens representatives George Konnick and Chris Benson also spoke and said selling beer and wine would be beneficial to Walgreens, especially since their sales are down 20% from their old location. Council expressed concern over the proposed 18 feet of shelf space to sell alcohol and reminded the Walgreens representatives that sales were down due to the smaller size of the store compared to the Walgreens on Howard Avenue. There were no further comments from the floor, and the hearing was closed. 3 Burlingame City Council September 17,2012 Approved Minutes The Council members all agreed that there are enough locations close by selling beer and wine. Councilwoman Baylock made a motion to deny the request for public convenience and necessity since there is already an over concentration of establishments serving or selling alcohol; seconded by Councilman Brownrigg. The motion was approved unanimously 5-0. d. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9.04.31 OF THE BURLINGAME MUNICIPAL CODE, SCHEDULE OF FEES AND CHARGES, TO REFLECT ANIMAL CONTROL AND LICENSING PROGRAM FEES AS APPROVD BY THE SAN MATEO COUNTY BOARD OF SUPERVISORS TO BE MADE BY COUNCIL FinDir Nava reviewed the staff report, requested Council conduct a public hearing, and adopt the proposed ordinance. Mayor Deal opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to adopt Ordinance No. 1879 amending Chapter 9.04 of the Burlingame Municipal Code to allow the City Council to make revisions to the animal control fee schedule by Resolution No. 63-2012 amending the master fee schedule; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. Mayor Deal directed the City Clerk to publish a summary of the proposed Ordinance within 15 days of the public hearing. 8. PUBLIC COMMENTS Mayor Deal read a statement concerning 3078 Atwater Avenue. -� Burlingame business owners Riyad Salina, Kirk Syme and Matt Taylor spoke on item 9b. Burlingame resident Richard Hauser spoke and thanked the City Council for all their dedication to the City of Burlingame. There were no further comments from the floor. 9. STAFF REPORTS AND COMMUNICATIONS a. CONSIDER TWO APPOINTMENTS TO THE TRAFFIC, SAFETY AND PARKING COMMISSION Council set November 9, 2012 as the due date for applications. b. LIMITATION OF THE NUMBER OF FOOD ESTABLISHMENTS IN THE BURLINGAME AVENUE COMMERCIAL (BAC) ZONE WITHIN DOWNTOWN BURLINGAME CDD Meeker reviewed the staff report and advised that in 1985 the City Council adopted regulations establishing a"quota" for the number of food establishments within Subarea A of the Burlingame Avenue Commercial Area and reviewed the justification for the quota at that time. He also reviewed the revision to the downtown zoning district that took place in September 2011. CDD Meeker also advised that he conducted a survey of thirteen(13) cities in Northern and Southern California and none of the cities surveyed implement a quota system limiting the number of food -� establishments. 4 Burlingame City Council September 17,2012 Approved Minutes Council discussion and questions followed on the type of food establishments. Council agreed to refer the matter to the Planning Commission for consideration, following a duly noticed public hearing, with recommendation to the City Council. CDD Meeker clarified that the restriction applies only to full service food establishments at this time. CDD Meeker said the item would be placed on the October 8, 2012 Planning Commission meeting agenda, and if adopted, the introduction of an Ordinance would take place at the October 15, 2012 City Council meeting with adoption at the November 5, 2012 City Council meeting. c. OFFER OF PUBLIC ART CM Nantell asked that Council review the offer of a donation of a horse statue for placement in the City of Burlingame. CM Nantell advised that the Economic Development Subcommittee expressed concern that there are already a couple of public art horses that are located on private property. Council discussion followed and Council agreed with the Economic Development Subcommittee and did not see a need to place it on city property. Council preferred to offer the statue to Millennium Partners or to a new art gallery across from Peninsula Hospital. 10. CONSENT CALENDAR Councilwoman Baylock made a motion to approve the consent calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. a. APPROVAL FOR OUT-OF-STATE TRAVEL FOR THE FINANCE DIRECTOR/TREASURER FinDir Nava requested approval to attend Conference of the International City/County Management Association (ICMA) in Phoenix, Arizona. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. Councilwoman Baylock requested the following two items be added to the agenda for the October 1, 2012 Council meeting: discuss sending a letter to the Joint Powers Board asking withdrawal from the 2009 memorandum of understanding and requesting a new EIR for the Caltrain electrification. 12. PUBLIC COMMENTS There were no comments from the floor. 13. OLD BUSINESS 14. NEW BUSINESS a. APPOINT CITY ATTORNEY RECRUITMENT SUBCOMMITTEE Council agreed to retain Peckham and McKenney as the recruiter for the City Attorney replacement and Mayor Deal and Vice Mayor Keighran will serve as the subcommittee members. 5 Burlingame City Council September 17,2012 Approved Minutes Additionally, Council discussed removal of heritage trees; Caltrain grade separation be placed on an upcoming agenda; scheduling a study session on developing a video presentation of the City. -� 15. ACKNOWLEDGMENTS a. Commission Minutes: Planning, August 20, 2012 b. Department Reports: Building, August 2012; Fire, August 2012 16. ADJOURNMENT Mayor Deal adjourned the meeting at 9:42 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 6 Burlingame City Council September 17,2012 Approved Minutes