Loading...
HomeMy WebLinkAboutMin - CC - 1985.08.19289 BURLINGAME, CALIFORNI4 August 19, 198 5 CLOSED SESSION A duly noticed Closed Session regarding pending litigation was heLd onthe above date in Conference Room A of Ci.ty HaJ.l beginning at 7:15p.m. and adjourned to the Regular Meeting aL 7:45 p.m. All council members uere present, as well as the City Manager and Acting CityAttorney, David Schr i cker . CALL TO ORDER A duly noticed regular held on the above date was cal1ed to order at reeling of the Burlingame City Council wasin the City Ha11 Council Chambers. The meeting 7:55 p.m. by Mayor R. David Martin. PLEDGE OI' ALLEGIANCE TO THE FLAG Led by Police Commander Ton Chase. ROLL CALL COUNCILMEMBERS PRESENT: AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO COUNCILMEMBERS ABSENT: NONE MINUTES Minutes of the Regular Meeting of August 5, 1985 were approved. PRESENTATION FROM CR]MINAL JUSTICE COUNCIL Councilnan i-ntroduced Mangini, uho is sits on the Crininal Justice CounciJ., Kathie Jackson. Kathie Jackson, Executive Director of the CrininaL Justice Council, reviened the purposes of the organlzation and its two-year work pIan. They hope to have an i.mpact on the drug problen in the county. REV]EW AND REVOCATION OF PEABODYI S AMUSEMENT PERMIT I819 EL CAMINO Acting City Attorney reviewed the City Managerts nemo of August 8, 1985 in vhich he recommended council hold public hearing and takeaction. 0n June 17, 1985 council granted an anendnent to Peabodyrs Amusexnent Permit for a 60 day period to a1low nenrs and ladiesr nights on Tuesdays and Wednesdays fron 8:30 to 10 p.m. with conditions: 1. The parking lot be kept c1ean.2. Perforners not dance with customers.3. Customers not touch dancers.4. Dancers rrear not less than bikinis assubnitted photographs. 5, Men and rconen dancers noL perform During the 60 day period, undercover po11ceestablishnent. Based upon their reports, itcondition nay have been violated. Mayor Marti-npernit. ill.ustrated in together. and the press appears that visited the at leas t one opened the public hearing to those in favor of the Pran Segura, Mi 11b raeof then. resi dent, had seen t.he shows and is in support Councilman Pagliaro inquired if she had observed anyor sitting upon laps betyeen dancers and customers.to touching and kissing. She had observed both nale touching, kissing She replied yes and female shows. Acting Attorney asked if dancers ningle with customers nhile drinkservi.ng goes onl do dancers leave t.he dance floor. She replied yes. Rebecca DougJ.as, bartender at Peabodyrs, said the shows are in goodtaste, peopl-e choose to attend and knon wha! to expect. They get anexcellent turnout for shows and the crowd is upper c1ass. 290 Councilman Pagliaro lnquired if she replied yes. She has been enployed had observed anythere since 1as t touching. October. She touchlng but has Acting Attorney asked what the capacity is for patrons. She replied about 40-45 and additionally about 12 to 15 at the bar, He asked if they exceed capacity, or allow standup patrons. He asked if there were any parking problems, she replied no. He asked if the parking lots were kept clean. She said there vas no mess, customers dontt loiter in parking 1ot, Councilman Mangini asked hov often she has seen kissing or between dancers and customers. She had never seen kissing seen touchi ng . Ann Gomez, 1070 CaroLan, a class customers, the shol, avoided. patron of Peabodyrs, noted these are is not lewd. She said touching can't hi gh be She observed on 1aps. PeEer Reines, owner of Peabodyrs, admitted there has been touching. He has tried hard to meet the requirements, the Master of Cqrenonies reni.nds custoners about the no touching requirements but custoners do it anyway. In this type of show the audience must get involved, he wants peopl,e to cone back. If itrs offensive they should cone another nighL. Reines said the no-touching policy is bad. He admitted there uas one individual who sat on cusLomerts lap. He saj-d they have cleaned up outside, and there 1s no loitering. Councilnan Amstrup asked if he is having difficulty keeping dancers fron touching customers. Reines replied yes. Amstrup asked if Reines had any suggestions Eo overcone this problen; Reines sald he could insLruct dancers on how far they can go. Amstrup asked if there i-s a dance floor; Rei"nes said yes but dancers a1-so go into audiencel dance floor aad seating area on sane 1eve1. CounciLman Pagliaro asked if Reines had seen dancers kissing cusLoners, Relnes replied yes; if he had seen customers kissing dancers, Reines replied yes; if he had seen customers touching dancers, Reines replied yes; if he had seen custoners dance with daacers, Reines replied no; if he had seen dancer sit on custonerrs 1ap during performance, Reines replied yes. Reines noted dancers have been told not to do this and two have been fired; Sebrian is the dancer who sat on lap and kissed but has not been fired, he is also the MC. Pagliaro stated Reines may have no control over customerrs action but does control the dancers. Pagliaro wondered if the dance floor could be roped off from custoners. Pagliaro acknonledged a letter received today from person who saw contact uith private body parts, he asked if Reines has ever observed this type of contact. Reines sai-d he has seen customers put money into bikini pants but cannot say if prlvate parts were touched. Councilnan Pagliaro asked if she had seen touching, kissing. replied she has seen that but has not seen grabbing. She has noney being put in bikinis. She has not seen dancers sitting She had been to four shows. Actj-ng Attorney confj-rmed that the dancers do perspire while perforning and they do perforn around the customers and drinks. vondered if Reines had any solution to the problems of touching health concern. Reines said roping off dance floor Dight help restrlcting dancers from touching customers. Acting Attorney stated when the Anusement Permit AnendEent was Reines agreed there uouLd be no touchj-ng. Acting Attorney Schricker confirmed vlith Reines that thls establishment is basicalJ-y a bar vhere alcoholic nixed beverages served at tables and bar; dancers mingle with customers at tables where the drinks are served. He rvondered if a contai-ner could be for tips for dancers. Reines said patrons reward dancers for performance uith money, the basic effect would be diminished if there were a container for tips. Councilman Mangini wondered how Reines could guarantee healthful conditions !rith perforrners dancing where drinks are served. are use.d He and and granted 29L Councilman Mang ini customers hand and asked i-f Rei,nes had ever seen a dancer take rub it over dancerrs body. Reines said no. Reines stated he pays the dancers a salary and they also make noney on tips fron customers. Individuals who attend the shows are adults; they are there because they want to be there. Speaking in opposition to the permit was Steve Musich, property ounerin the Plaza area. He said this is a sex show for noney, nany people in the area are against this show but are afraid to speak out. Thisis a sexually explicit and erotic show. He had seen kissing, touching, custoners hands rubbing dancers body, customerrs hands in dancers pants. Dancer dances for L0 minutes and then spends 90 minutes mingling rrilh audience. The MC encouraged touching. Mrs. Musich confirned her husbandrs statements and urged denial. noted she had seen a child leaving the prerises. the are She city dancing. Acting Attorney Schricker instructed council to address the permit condit.ions and heal-th concerns, and not the dance content which isconstitutionally protected. Council can renew the permit, make additional conditions to the permit, or deny it. Council cannot consider vioLati-ons of the penal code. Councilman Pagliaro noted he had voted against Ehis pernit originally and they are clearly in vlolation of the permit conditions. He moved to revoke the amended permi-8. Councilwoman Barton stated they broke and there i-s a health hazard serving She seconded the motion. thei.r drinks agreement with where dancers Councilman Anstrup stated they broke their contract and there is ahealth hazard !,,ith drink serving. Reines has not offered to provide asolution to these problems. Councilman Mangini said the conditions were breached. severaL uritten and oral citizen complaints. Counci.lrshealth and safety of the citizens. Council hasnajor trust is Motion carried 4-1 on ro11 call vote, Mayor Martin voting no. Mayor Martin declared the people attending Ehese shows are adultsl he hates to dictate morals; health hazard. 1s no worse than when a waiter serves you; this place is no worse than what you see on MTY. The meeting reconvened ADDITIONAL COMMENTS ON PEABODYIS Councilnan Anstrup stated his vote was based on evidence of theapplicantrs failure to comply with conditions. He also felt there wasa health hazard. concerning the drioks around the audience. He is nottrying to dictate morals. The applicant has not offered to alLeviatethe problems. Councilwoman Barton said the but uas due to the breach of decislon uas not conditions. nade to legislate rnorals i CounciLman Mangini also noted the breach of contract and his health concerns. BCDC APPROVAL OF ANZA FREEWAY CONNECTION AUGUST 1985 TRAFFIC ALLOCATION City Planner reviewed her memo of August review the tvo requests, the progress of 8 which recommended council specific projects and ta ke Mayor Martin closed the public hearing. REC ES S Mayor Martin declared a recess aL 9,25 p.n. at 9:30 lrith all mernbers present. Mayor Martin notified the audience that the city had recelved approval from BCDC for the new Anza freeway connection. action. Two applicants have nade requests for traffic allocations, Sheraton Inn for a 198 room addition to the existing hotel , and irrindmark I{ote1 for Phase II, an 85 room addition. In addition, counciL should review other projects with schedule problens. Council requested a revised nodel for t.raffic with the ner* freeway onramp aod the moving of the northbound Broadway onranp. The Carruf Hotel project is behind schedule; City Pl,anner noted nobody was present Lo represent them tonight since it ls not a public hearing. Council would like to have specific infornation fron Carruf by 0ctober 15 about when they ui1I get BCDC approval and on County revier.r of the Fisherman Park renovations, as r.re11 as theirconstruction scheduLe. Burlingame Joint Venture project is also behind schedule; Joe Karp waspresent to represent them, he requested an extension. Council also requested this group come up with a specific set of plans for Lhe proposed project, an administrative draft of an environmental assessment, and a proposed construction schedule by October 15. New Requests l Windmark Hotel representative, traffic al1oc at i. on is vital to ALlan Tebbetts, statedproject, It is in the extension of EIR process. Sheraton I{ote1 representative Ted Chilles reviewed they and wouLd like to expand the hotel,are new own er s Council,members vere concerned about the traffic capacity at Broadway. They requested staff nork on a revisi-on of the capacity number at thecritical intersections to ioclude the new freeway entrance and exit at Anza Boulevard. They requested the projects asking for traffic all,ocations and extensions come back in nid-0ctober with developed processing and construction time schedules. 0ffice Conversions: Council was quite concerned about the traffic impact of office conversions. Councilman Mangini wondered if there should be a moratoriun on office conversions. Council directed staff to RFP for additional study of traffic nodel. develop Mayor Martin ordered traffic allocations requests to be returned tothe second meeting in 0ctober for action, if possibJ,e. Director of Public Works reviewed his nemo of recoromended counciL adopt resolution revising inspection fees. The water rates will not be Councilman Mangini moved adoption of RESOLUTION Councilr*oman Barton, carried unaninously 5-0 on DESIGNATION OF LEAGUE CONFERENCE DELEGATE August 1,3 in which he the water pernit and increased. 84-85. Seconded r o11 cal l vote. by Mayor Martin announced he Ci-ties Annual Conference. woul"d be present at the League of California Mayor Martin was chosen as the delegate. Mayor Martin asked council members to review the when they arrive and call hin with any conments. League resolutions CONSENT CALENDAR Councilman Pagliaro announced he would abstain fron voting on item trdtr due to a conflict. He questioned if insurance clause was included in the agreenents on iteros "f and g.rr Director of Publj-c Works replied yes, these itens are only amendnents, the insurance clause is in the original contract. Pagliaro also wondered if the Bayfront Developnent Fee wouLd be paying for item rrc. Bayshore Force Main. Director replied no, developer sewer fees would pay; Bayfront Developnent Fees are for roadways. 292 RESOLUTION 84-85 - FIXING WATER RATES, CHARGES AND RELATED PROCEDURES 293 a DENIAL oF CLAIMS: (1) ROBERTA SANCHEZ; (2) MIKE CHATARD; (3) ANNE BAKE!.; (4) LINDA DELODOYICI; (5) JUNE ADAN Acting City Attorneyrs nemos recommended denial. FOR MIKE HARVEY/BEKINS WAREHOUSE PROJECTSCHEDULE PUBLIC HEARING EIR - 1O7O BROADhIAY b Planner Towb er I spublic hearing for the C RESOLUTION 85-85 memo of August L4 recomnended council schedul-e meeting of September 3, 1985. - AWARDING BID FOR BAYSITORE FORCE MAIN JOB 42L City Engineerrs memo of resolution avarding c on tr act amount of $368,812.50. 14 recommended council adopt Construction Incorporated in August to Fee the the d. RESOLUTION 86-85 AWARDING BID FOR POLICE STATION ROOF JoB 606 Public l,lor k s meno to Alpha Waterproofing of August L4 recommended council- and Restoration in the amount of award con tr ac t $24,080. f RESOLUTION 87-85 - ACCEPTING COMPLETION REPLACEMENT - JOB 039A OF STREET LIGHT Public Works memo of August 12 recommended council accept completion of this project for a final cost of $62,876.]-2. City Engineerts memo of August 14 recommended council adopt thisresolution to anend contracts by letter rsith MBC 2 and CarroL Resources in an amount of $19,800 for Carolan MorrelL job and $3,440for Sanchez Creek job. RESOLUTION 89-85 - AUTI{ORIZING CONSTRUCTION SERVICES - EASTON AMENDMENT TO AGREEMENT SEWER REHABILITATION - FOR JoB 430 Public Works nemo of August 13 recommended council adoptresolution authorizing anendment to a11ow j-nspection andadministration of the contract in anount of $26,416. h. WARRANTS AND PAYROLL Pinance Director recommended approval of Warrants 26332 - 26797,duly audited, in the amount of $1,605,655.79 and Payroll Checks 60010 - 60743 for the month of July 1985 in the amount of $679,97L.59, Counci.lman Manglni noved approval" of the Consent Calendar. Seconded by Council,nan Amstrup, carried unanimously by voice vote of memberspresent, Councilman Pagliaro abstaining from vote on item ttd.tt ACKNOWLEDGMENTS a. Comnission Minutes: Traffic, Safety andBeautification Connission, August J-; PlanningCivil Service June 11, 1985. Parking, Ju 1y 11; Commission, August 12; b. Meno from Park Director regarding the Beautification Commissionstudy of Sycanore tree trimming. Final Budget Report of Recreation Departnent for 1.984-85.C d. Letter from Superintendent of San Mateo Union High SchoolDistrict requesting assistance in obtaining the Governorrs signaturefor AB 998 (Papan) to aid declining enrollnent districts. COMMISSION MINUTES Councilnan Pagliaro stated the Traffic, Safety, Parking Commissionminutes leave much to be desired. He nould like to see nore detail,it is unclear just what each of the items is about. He was al-so unsure of just what the Beautlfication Comnisslon studied on the Sycamore trees. RESOLUTION 88-85 - AUTHORIZING AMENDMENTS TO AGREEMENTS FOR CONSTRUCTION SERVICES - MORRELL/CAROLAN DRAINAGE - JOB 304 -AND- SANCHEZ CREEK DREDGING - JOB 311 294 Councilnan Pagliaro requested council study the Sycamore tree trimming. Councilwonan Barton noted PG&E is trinning the trees on her street again, they uere trinmed just a few nonths ago. Mayor Martin scheduled for the next study meeting. 1199 BROADWAY Councilman Pagliaro noted iten 7 in the Planning Commission ninutes refers to another project going into the building at 1199 Broadvay and that the building stil1 has not met the laadscaping requirement.s. He was tenpted to call it up for review in order to force the owner to provide the required landscaping. Cj.ty Planner noted that no project can proceed until the landscaping is completed. ADJOURNMENT The meeting was regularly adjourned at 10:30 p.m. udith A, Malfar ri Clty Clerk SYCAMORE TREES