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HomeMy WebLinkAboutMin - CC - 1983.06.207 BURTINGAME, CAIIFORNIA June 20, l-983 CALL TO ORDER A duly on the ca11ed PLEDGE OF ALLEGIANCE TO THE FLAG Ied by City Attorney, Jerome Col-eman. ROLL CAI,L COUNCTLMEMBERS PRESENT: COI]NCILMEMBERS ABSENT : MINUTES noticed, regular meeting of above date in the City Ha11to order by Mayor William J of the regular meeting of l-9 83 were approved. AMSTRUP, BARTON, CROSBY, MANGINI, MARTIN NONE the Burlingame City Council Chambers . Crosby at 8:05 p.m Council was he Id The meeting was Minute s June 8, June 6, 1983 and the study meeting of PUBLIC HEARTNG - PROPOSED GENERAL PLAN AI'IENDMENT - RNSOLUTION 52-83 -APPROVING AMENDMENT TO THE LAND USE ELEMENT OF BURL INGA},IE GENERAL PLAN city Planner reviewed her memorandum of May 25 in which she recommendedcouncil hol-d a public hearing on the Negative Decf arati-on and the pro-posed General Plan Amendment. Following the public hearing the councilshould: (1) act on the Negative DecLaration and (2) act oi the cenera]Plan Amendment Resolution. She further explained that the State allowsPlan no more than three times a year. This amendment to our Generaf Plan for 1983. Thefollowing revisions: a city to amend its ceneralis the first proposed amendment includes the I 2 On the Plan Diagram/map move the s).mboLfrom 1238 Howard Avenue to the new site for the Police Stationat 1LL 1 Trousdale Drive. On the Plan Diagram/map add a symbol for a futuredisposal area adjacent to the Waste\,/ater TreatmentAirport Boulevard to serve for temporary disposalsolid waste, primarily Park clippings, et cetera,fandfill is closed to the public. small solid wastePlant along of city generated after the sani-tary 4 Add a section to the plan text addressing current and projectedpopulation and household size to provide better definition forPlanning services and facilities which are based on the number ofpeople or households served. In revj-ewing a recent Draft EIR for a project in the Anza area, a recom-mendation for future access/egress for traffic southbound on 101- to Humbofdt in the vicinity of Howard came to attention. Affected resi-dents in the area testified about concern over the potential impacts ontheir neighborhood which would result from this improvement. rt also became apparent that all the roadways involved were in the City of SanMateo, except for the western half of Humboldt. Staff went back and reviewed the Traffic Analyzer to determine r.\rha t the impact on circulationcapacity might be in the Bayfront/Anza area if this recomnended connection were removed. The conclusion was that the effect on the Bayfront/Anza area traffic capacj-ty was negligible. Based on this, a fifth amendment was added for consideration at this time. Remove reference to 10l-Howard-Humboldt accessPlan and the arrow from Exhibit O; and includeto clarify the cityrs policy to encourage lessin the Anza area. in the Specific Area a minor text revi siontraffic intense uses 5 L L 3. On the Plan Diagram/map remove the Fire Station symbol at Hunt andRivera Drives because the site is no longer required for a FireStation. t_ 2 Mayor Crosby opened the public hearing. Marj-lyn Mahaffy, 4 Peninsula Avenue, spoke on behalf of her neighbors who had organized the "Neighborhood Traffic Watch. " Their concern was about the proposed southbound off-ramp in their neighborhood. The Neighborhood Traffic Watch strongly approved of the General Plan Amend- ment and urged council approval. Mayor Crosby closed the public hearing. Councilman Amstrup moved approval of the Negative Decfaration and adop tion of Resolution 52-83 Amendin g the Generaf PIan including ExhibitA. Seconded by Councilwoman Barton, carried. unanimously by ro11 call vote. RESOLUTION 53-83 - CERTIFYING ENVTRONMENTAL TMPACT REPORT AND MAKING FINDINGS WITH RESPECT TO THE PROPOSED FOUR SEAS HOTEL, 835 AIRPORT City Planner reviewed her memorandum of May 25 in which she recommendedcouncil hofd a public hearing and approve the resolution certifying theFinal EIR, She reviewed Planning Commission actj-on on this 310 roomhotel which recommended Alternative C, a 74 foot, eight story structure. A major issue at its public hearing was a traffic mitigation recommendedin the Draft EIR which suggested city make improvements to southbound 101 by adding an off-ramp at Humboldt near Howard. Residents objected and this was subsequently removed from the EIR. The removal of this off-ramp from the General Plan ensures that this proposal will not appear on future EIRS, nor will it be implemented as a result of certification of any previous EIR. Mayor Crosby opened the public hearing. There being no comments, the hearing was cl,o sed. Councilman Martin moved adop tion of Resolution 53-83 certif ying the Final EIR (Draft EIR as amended by the Response to Comments Addendum) and making findings included in Exhibit A. Seconded by Councilwoman Barton, carried unanimously by ro11 calI vote. City Pl-anner reviewed her memorandum of June 13 in which she recommended council hold a public hearing and take action on this sign exception. She reviewed history of previous Planning Commission and council- meetings where it was determined that no changes should be made in the sign code at the present time in relation to allowing murals. She also noted that the awning on site is not consistent with the application submitted by Flamingo Flowers. Mayor Crosby noted letters, ca1ls and the petitions submitted. He then opened the public hearing. Speaking in favor was Joe Ga1ligan, attorney representirgthe stated Burlingame has one of the toughest sign codes in the this is not a si-gn but a mural-; that the city shoufd have a review murals of this type; that the awning is not an awning val ance . owners. He county; that conunittee to but a PauI Berger, of San Francisco and an employee of Flamingo Flowers said it is a beautiful improvement to the area and would be a sin to remove it. Gene Hern, 82I El- Camino, said Burlingame is a unique community and it should have a place for decorative art; council shoulil make an exception for this sign. Robert Martinez, owner, reviewed the many signatures he had gathered in favor; he discussed various ways to cover parts of picture to reduce area; he stated they decided to paint the mural because of the unat- tractive facade on the building before they moved in; he claimed he was not informed that they had to stop painting, only that they had to apply for a permit, CounciL discussed with Mr. Martj-nez the fact that it considered pictures of flamingos a sign because that is the name of the store. CONTINUED HEARING ON APPEAL OF SIGN EXCEPTION FOR A WALL SIGN,/MURAL AT ].205 BROADWAY - FLAMINGO FLOWERS 5) D 1 Council discussed the application processi the fact that they continuedto paint after they shoul-d have stopped; that, although the city hasallowed a couple other mural type signs, those people had apnlied andwere given exceptions before they started, the problem of granting oneperson a special privilege and not another. Council did not want to turn Burlingame into a Coney Island; if theywere doing something ilIegal they should have stopped; it is a goodlooking mural but is also a s j-gni they disobeyed the 1aw. Councilman Mangini moved to deny the request for a sign exception. Seconded by Councilman Amstrup, carried unanimously by ro11 call vote. PUBLIC HEARfNG - SECOND READING - ORDINANCE f251 - ESTABLISHING LIMITATIONS ON RETAIL FOOD ESTABLISHMENTS IN THE M-I ZONE City Planner reviewed this ordinance which was introduced at the lastmeeting. This will prohibit snack bars/coffee shops within 300 feet ofthe C-4 zone; establish a minimum sizei require permit for sale ofalcoholic beverages. Mayor Crosby opened the public hearing. There being no conunents, thehearing was closed. Councifman Mangini moved adop tion of Ordinance 1251-.Seconded by Council- man Amstrup, carried unanimously by ro11 call vote. City Manager reviewed his memorandum of June 13 in which he recommendedcouncil hold public hearing and adopt the budget and appropriatj-on limitby resolutions. He reviewed the Federal Revenue Sharing hearing and thestudy meeting budget review. He stated the budget total is $21 ,294,305up 8.4 percent from last year. Mayor Crosby opened the public hearing. There being no comments, thehearing was closed. Budget Chaj-rman Amstrup complemented the City Manager, Finance Director and Department Heads upon this excellent budget. 'He thanked council members for reviewing department budqets, Mayor Amstrup moved adop tion of Resofution 54-83 adopting the budget. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. Councilman 1\mstrup moved adoption of Resolution 55-83, establishingappropriation limit. Seconded by Councilman Mangini, carried unanimously by roll call vote. RECE S S Mayor Crosby declared a recess at 9:I0 p.m. The meeting reconvened at 9:20 p.m. with all members present. AMUSEMENT PERMITS City Attorney reviewed his memorandum of June 14 in which he revj-ewed the new system of renewing Amusement Permits annually in June. He divided the permits into five categories, from those with no problems, to one with severe problems. He recormended separate discussion andvote on each category. 1. Casa Maria, 1590 Bayshorei Charley Brownrs, 1550 Bayshore; Eggplant, 1310 Bayshore; Fisherman, I492 Bayshorei Grandfather's Pizza, 361 California; t{yatt Hotel-, 1333 Bayshore; Route 66, 261 Ca]-j-fornia i SaIuto's, 1600 Bayshore; Sheraton Hotel , 1177 Airport Blvd. City Departments had no comments on all of the above establishments.EssentialIy, that means there are no serious Police problems or other City code violations. City Attorney recommended these permits be re- newed for one year, to July l, 1984. Councilman Amstrup moved renewals for one year. Seconded by Councilman Mangini, carried unanimously. RESOLUTION 54-83 - ADOPTING OPERATTNG BUDGET - FISCAL YEAR ENDING JUNE 30, 1984 RESOLUTTON 55-83 - ESTABLISHING 83-84 APPROPRIATION LIMIT FOR CITY PURSUANT TO ARTICLE XTTI B OF THE CALIFORNIA CONSTITUTION 4 2 Peabody's, 1819 El Camj-no Real; Roundtable Pizza, 1207 Burlingame Avenue. These are renewals of existing permits ' As indicated in the Police Department's memo of May 4, 1983 there have been three j-ncidents at Peabody's and two at Roundtable. The PoI j-ce Department recom- mends renewal of Peabody's, not feeling that these are major pro- b1ems. As far as the Roundtable, the ABc will impose punishments such as suspension of the license for their violations and we therefore believe their punitive action will be sufficient. City Attorney noted that the problem was customers giving other under- age customers alcohol-ic beverages. City Attorney recommended these per:mits be renewed for one year, to July 1, 1984. Councilwoman Barton moved renewals for one year. man Manqini, carried unanimous IY. Seconded by Council- 3. Holiday Inn Crowne Plaza, 600 Airport Boulevard. This a new permit for very light entertainment at the new Holiday Inn Crowne P1aza. The piano and background music in the lounge is common for this type of operatj-on and should pose no problem. Entertainment in banquet rooms as a part of specific occasions is common in hotels. A specific permit is needed if any of these occasions is open to the general public. city Attorney recommended approval of the Amusement Permit for one year, to JuJ-y 1, 1984. Councilman Martin moved approval of a one year permit. Seconded by Council-man Ivlangini, carrieil unanimously. 4. Pattaya Princess, 430 Airport (formerly Valentinos) - This business is closetl for remodeling and will open under new ownership. They propose a five piece band from 9:30 p.m. to 1:30 ".m. seven days-a-week. Fire Department is currentfy working wj-th the owners on some problems at the site. Pol-ice Department in- dicates some hesitancy in recommending approval . It would appear appropriate to give the new owner an opportunity to demonstrate tfrit ttrey can run a proper business. City Attorney recommended a three-month permit, subject to complj-ance with Fire Department requirements before business opens. councilman Mangini moved approval of a three-month permit, subject to conditions above. seconded by councilman Martin, carried unanimously. 5. Banyan Bay, 327 Lorton. This restaurant was opened approximatel-y January this year' The Amusement Permit application indicated a piano bar and stereo background music from 7:30 p.m. to midni-ght. Al-most since its opening this business has piesented problems. .Due to our ordinances, ni on-site parking was required and valet parking was offered by the business. Howevei, employees of Banyan Bay apparently have tlis- couraged persons who may legally park in the yel1ow zone in front of th5 business after 6 p.m. They have also discouraged members of the public from parkj-ng on the City lots and during the daytime have been feeding meters in the Iot for employees and customers ' owners have been repeatedly warned on this practice. More seriously, the business attracts very large crowds on weekends. Typically, at 11 p.m. on a Frj-day or salurday night 50 people will be standing in linl on the sidewalk on Lorton waiting to get in. The result is debris, vandalism and noise problems, as evidenced by the fetters of complaj_nt from surrounding neighbors. The Police Department has , been rLquested to enforce a domestic restraining order involving ; oliners of tne business and alleging domesti-c disputes at Banyan Bay, indicating there may be management problems. If the meters are not fed and if the public is not discouraged from using appropriate parking, little can be done about the parking impact of the business, although there will be a request to the Pol-ice Depart- ment to closely \"/atch the restricted parkinq areas. Requirement can be made as far as the debris and noise, as follows: 1. That the entertainment permit for Banyan Bay be renewed onl-y for 90 days. 2 3 4 That 7: 30 the entertainment be strictly limited top.m. and midnight, as indicated in their the hours betweenoriginal application. do not comply, this event it would be That the entertaj-nment only be a piano and stereo background music,as indicated in the original application. That the operators of Banyan Bay notify their employees in writing,in a form satisfactory to the City Attorney. that the public maypark in loading zones after 6 p.m., that they are not to discouragepersons from using City parking 1ots, and that no one is to feed meters on behalf of employees or customers of the business. 5 That Banyan Bay initiate a program of cleanup Saturday and Sunday morning of al-I pubJ-ic areas within one block of the business, in-cluding City parking Lot D. Mayor Crosby asked for comments from the audience. Susan Mccubbin, 309 Lorton, told council of the excessive noise, litter and parking problems she and other residents in the neighborhood were suffering since Banyan Bay opened. Councif discussed with the manager of Banyan Bay, Jim wagner. He acknowledged there have been problems and that Banyan Bay was willing to work to solve the problems. He did request that they be allowed toinclude dancing wi.th their amusement permit. There was a lengthy discussion of disco music versus background music;the fact that the music can be heard outside the establishment; that they are not complying with the original amusement permit; that out-side crowds need control, possibly with uniformed patrolmen; dress codes can help; the age group they are attracting; the parking problems. Mr. Wagner explained that Banyan Bay no longer uses valet parking. Some council members thought they should not be allowed dancing. Councilwoman Barton moved renewal of the Amusement Permit $rith CityAttorney's conditions l, 2 and 4, modification of 5 in that cleanup take place every day, and that a uniformed patrolman be hired to controf crowds outside and to notify police of any violations. Seconded by Councilman Amstrup, carr j-ed unanimously. Councilman Mangini moved to deny any dancj-ng on the premises, seconded by Councilman tunstrup. There was more discussion of dancing; that the volume of music was the problem and not the dancing. Councilman Mangini withdrew his motion, with approval- of Council-man Amstrup. Mayor Crosby moved that City Attorney's condition 3 be imposed with the addition that dancinq be allowed and that the music be of a volumethat can not be heard across the street. Seconded by Councilman Mangini, carried unanimously. I Council confirmed with Cj-ty Attorney that if they will come back to council immediately, but in any reviewed in three months . SHERATON TNN REOUEST FOR EXTENSION OF BUILDING PERMIT City Attorney reviewed his memorandum of June 9 Councilman Amstrup requested that council delay action untif discuss the latest proposal vrith Sheraton representatives at meeting of July 13. Council was in agreement. REOUEST TO RENAME MILLS CANYON TRAIL IN they can study BEAUTIFICATION COMMI SS ION MEMORY OF EDWIN P. TAYLOR Councilwoman Barton commented it was most named after Mr. Taylor, who spent a great area. fitting deal of the trail improving that time bethat CounciLman Amstrup moved Seconded by Councilwoman to rename the trail the Edwin P Barton, carried unan j-mous 1y. Tay]or Trail . Mayor Crosby noted the presence of Mrs. Taylor in the audience. lr I j i ! 6 CONSENT CAIENDAR Councilwoman Barton requested removal of the Introduction of Ordj-nance Providing for Increase in Council Salaries from the Consent Calendar. 1. CONTINUE HEARING OF ORDINANCE 1252 AN IMAL CONTROL TO JULY ].8 City Attorney's memorandum of June 10 recommended council continue hearing of this Ordinance to July 18 because the County is still considering its action on the same ordinance. 56:83RESOLUTION,CALLING A PUBLIC HEARfNG REGARDING FOR}IATION OF AN UNDERGROUND UTILITY DISTRICT ON CAIIFORNIA DRIVE FROM NORTH LANE TO SANCHEZ AVENUE 2 3 Director of Public works memorandum of June 15 recommended adoption of this resolution setting a hearj-ng for .Tu1y 5. 57-83 RESOLUTION /AUTHORIZING AGREEMENT FOR PAVEMENT MANAGEMENT SYSTEM City Engineer's memorandum of June 15 resolution authorizing agreement with a pavement management system. recommended council adopt a Harris and Associates for 4. SPECIA], ENCROACHMENT PERMIT FOR FENCE AT I43 DWIGHT ROAD City Engineer's memorandum of June 15 recommended council approve the special encroachment permit for a 6 foot fence. Councilwoman Barton moved approval of the Consent Calendar. by Councilman Amstrup, carried unanimously by ro11 call vote. Se conded INTRODUCTION OF ORDINANCE 1253 - PROVIDING FOR INCREASE IN COI]NCIL SAIARIES Councilwoman Barton explained that she felt this ordinance shoul-d not have been listed on the Consent Calendar. Council-man Amstrup noted the introduction of an ordinance does not mean that all- councilmembers approve of it. Councilman Martin introduced Ordinance 1253 for its first reading. WARRANT S AND PAYROLL Councifman llangini moved approval of Warrants 17034 - 17433, duly audited, in the amount of $801,458.74 Seconded by Councilwoman Barton, carried unanimously. Councilman Mangini moved approval of Payroll Checks May 1983 in the amount of $513,017.94. Seconded by carr j-ed unanimously. Mr. Botrus zaarour appealed the Planning Commission for outdoor denial of a special seating at his del i 4l- 841 - 42474 for Councilman Amstrup, permit by the OLD BUSINESS - AIRPORT ROUNDTABLE FERIALIS DELI, 840 STANTON ROAD HOLIDAY INN SIGN, 600 AIRPORT Counc i lwoman the Planning Barton requested council review the signs approved by Commission for the Holiday Inn Hotel-. AIAMO RENT-A-CAR, 1470 BAYSHORE NEW BUSINESS - APPEALS Councilwoman Barton noted that San Francisco has decided to contract with the County of San Mateo to disperse funds, therefore the Roundtable wil-I not have to incorporate. Councilman Amstrup requested council review of the special permit granted to Alamo by the Planning Commission. REQUEST FOR STUDY MEETING DISCUSSION I^II TH ,'SPRINT,, City Manager noted a request from SPRINT forcussion. Council set discussion for JuIy 13 Councilman Martin inquired if city was awarein the city. He would like to see a list ofavailable. a study meeting dis- study meeting. of any PCB transformers their locations, if Director of Public Works informed him that PG&E has made a listavailable to the city. LETTER OF COMPLAINT ABOUT THE SMELL OF BURLINGAME Councilman Martin acknowledged a letter from a visitor from Idaho h,ho stayed at the Ramada Inn and wrote to complain about the smel1 which she claimed came from the sewerage treatment plant. He requestedcity reply to her that is the natural smelf of the bay and that thecity has one of the most modern and efficient sewerage treatment plants in the Bay Area. ACKNOWLEDGMEN TS Commission Minutes3 Beautification, June 2; Planning, June 13 and Library Board, May 17, 1983. Treasurer's Report, May 3J., 1983. Police Report, May 19 83. Proclamation Welcoming the American Business Womens Association to Burlingame. 1 5 6 Letter from Chamber of Commerce announcingwill be hel-d on Burlingame Avenue July 22, the Phoenix Art Fair 23 and 24. 7 Letter from the Beautification funding of the Tree Program. Commission regarding the need for Letter from the Millbrae Fire Chief thanking the Burlingame Fire Department for aid during an emergency. 75TH ANNIVERSARY FLOWERS FROM MILLBRAE Mayor Crosby noted the flor^rer arrangement which the City of Millbrae had sent to Burlingame. ADJOURNMENT Meeting was regularly adjourned at 10:25 p.m --/l I '. "7Evelyn Il. Hi 1I City Clerk t_ 7 PCB TRANSFORMERS I ') 4. t