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