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HomeMy WebLinkAboutMin - CC - 1995.09.05373 BURLINGAME, CALIFORNH September 5, 1995 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. The meeting was called to order at 7:30 p.m. by Mayor Knight. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Charlie l,anyon, a student who will be "Mayor for the Day" tomorrow. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELII NONE MINUTES The minutes of the Regular Meeting of August 21, 1995 were approved unanimously after changes on pages 2 (last line) "Mayor Knight noted th afid-feeofts these incidents of runaways require police reoorts and created a record of incidents at the site", on page 4 "Seconded by Councilwoman O'Mahony who noted we need a two-prong oublic oarticipation by Gates and a oublic relations effort which involves owners. merchants and the community. Gates needs to take the time to market the orooosal. " and on page 7 "Mayor Knight....vacant lot at El Camino and Burlingame Avenue, specifically for weed cleanup'. PUBLIC HEARING - AMUSEMENT PERMIT FOR A SPECIAL EVENT AT FISHERMAN RESTAT]RANT. 1492 BAYSHORE City Attorney reviewed his memo of August 2l which recommended council hold a public hearing and take action. The Fisherman Restaurant is planning a special event on September 17 as a fund raiser for Peninsula Hospital. They will use their parking lot and have made arrangements with Alamo Rent-a-Car for excess parking of 120 spaces. The fire deparfinent asked for a condition that a fire lane be left open and the building department asked for additional portable toilet facilities, handwashing facilities and gates. With those conditions, he recommended approval. Mayor Knight opened the public hearing. Richard Patane, representing the Fisherman, said they agreed to all conditions. The hearing was closed. Councilman Harrison moved to approve the special event with conditions staff recommended. Seconded by Councilwoman O'Mahony and carried unanimously 5-0. PT]BLIC HEARING - APPEAL OF SUSPENSION OF TAXI DRIVER PERMIT AND BUSINESS LICENSE - UPHELD City Attorney reviewed his memo of August 10 which recommended council hold a hearing and take action. Roy Robles holds a taxi driver permit from the crty; on May 19 he was arrested for fighting with another taxi driver; at the time he was arrested he had a blood alcohol level of .113 (.08 is the 37A Vice Mayor Pagliaro moved to suspend the license for 30 days as recommended. Seconded by Councilwoman O'Mahony and carried unanimously. C G-P FOR LDEN CHINA RESTA BROADWAY - CONTINUED City Attorney reviewed his memo of August 28 which recommended council hold a public hearing and take action. On July 6 council revoked the amusement permit of Golden China because of noise complaints and after hours activity. On July 20 he met with the owner who wanted to reapply for the permit and he suggested they wait a few weeks. However on August I they filed an application for a new amusement permit. On July 23, after the revocation, the Police investigated a complaint and found Karaoke was in operation; the police report no further complaints but recommend against renewal. He suggested council continue the matter until November 6 which would continue the revocation until that time. He noted this is primarily a restaurant but it looks like the entertainment is taking over the business. Vice Mayor Pagliaro asked about reason for recommending continuing instead of denying the request. City Attorney responded the city would avoid the cost of having to notice it again. Mayor Knight opened the public hearing. Nancy Young, owner, and John Liu explained the person cited on July 23 had gone back to Taiwan; he said at that time they had not received official notice of the revocation so Karaoke was still operating; the last year was bad for Young as there was a serious illness in her family which necessitated her absence; she will now be present 100 percent of the time and wilt control the entertainment. Council discussed with Young and Liu what happened at the previous meeting. The hearing was closed. Councilwoman O'Mahony moved to continue the hearing until November 6, 1995. Seconded by Councilman Harrison and carried unanimously. City Attorney said when they met on July 20, before the July 23 violation, he could not have been clearer in that their permit was revoked and they should wait to reapply. He informed the applicants the revocation is still in effect until November 6 when council would consider the application; if they have any questions they should call him. PIJBLIC HEARING - APPEAL OF 1384 ROLLINS FOR A SPECIAL PERMIT FOR AUTOMO- BILE BODY AND SALES BUSINESS - DENIED WITHOUT PREIUDICE City Planner reviewed her memo of August 7 which recommended council hold a public hearing and take action. The applicant, Vasken Manougian, is requesting a special permit to sell automobiles and do retail auto repair and body work in the light industrial district. He also needs a three space legal limit); revocation of his permit was recommended by the Police Department; the City Manager held a hearing and imposed a penalty of a 30 day suspension and one year probation. Mr. Robles appealed to council and a hearing was held on luly 17. Council continued the issue because of pending criminal action. The District Attorney is not going to prosecute and Robles presented a letter today stating he had reached an agreement with the other party and would not attend the meeting tonight. Council questioned Sergeant Marriscolo who reviewed the circumstances of the arrest; a citizens arrest of Robles was made by the other taxi driver; Robles taxi was in the cab line at the hotel; hotels are now setting standards for cab companies and won't call some companies; a breath test was administered by the arresting officer; if his permit is suspended in Burlingame, Robles could work outside the city; asked if Robles has done anything to improve his sinmtion like joining AA; discussed possible probation. 37s parking variance for the two uses. The DMV requires any business doing auto sales to have at least one designated parking space for displaying cars for sale. The applicant is able to provide three on- site parking stalls arranged so that people can turn around on site and exit in the forward direction onto the street; the business requires six parking spaces so a three space variance is needed. The Planning Commission denied the request at its luly Z meeting because the use of the site was too intense. The applicant has since hired a consultant who has requested that council deny the request without prejudice in order to allow them to substantially revise the plans. She responded to council questions, did not know who owns the lot next door with cars with "for sale" signs stored on it. Mayor Knight opened the public hearing. Allan Baradar, consultant, and Vasken Manougian, applicant, were present. Baradar said they planned to substantially revise the plans; they responded to council questions; said plan is to drop the car sales portion of business; work will be auto body, not mechanical; agreed that 60 days was enough time to plepare new plans and resubmit to the Planning Commission. The hearing was closed. Councilman Harrison moved to deny without prejudice based on tonight's testimony and Planning Commission concenN and asked the applicant to resubmit within 60 days. Seconded by Council- woman O'Mahony and carried unanimously. APPEAL WITHDRAWN The owner of 2ffi Hillside wrote a letter withdrawing his appeal for a variance from floor area ratio (FAR). City Planner wrote to him that the Planning Commission's decision now stands. PUBLIC COMMENTS Roy Spencer, Northern California Grocers Association, spoke regarding the introduction of an ordinance on the Consent Calendar to prohibit self-service displays of tobacco products; they would like to work with council to come up with an ordinance that would be fair to retailers. He said 25 percent of small grocers income is from cigarette sales; sale of tobacco is legal and they have a right to display; United Grocers has a training program for retailers on sale of tobacco; small stores depend on merchandising allowance from cigarette companies; noted controlling tobacco use has to start with parents and schools; he asked council consider the small retailers. Chuck Beaver, California Grocers Association & Neighborhood Stores, said his group supports the safe sale of cigarettes; he presented signatures of many small retailers opposed to this self-service tobacco ban; small stores are burdened with over-regulation; stores would have to make expensive changes. Steven Robier, 1568 Alturas, spoke in favor of Consent Calendar item regarding an encroachment permit for a fence and gate at 3100 Margarita. His property is adjacent to this easement and lots of people walk their dogs in the easement. Helaine Darling, 3100 Margarita, also spoke in favor; another advantage would be safety and fue hazard reduction, her property was broken into last year; there are many people walking through this easement. APPEAL FOR A USE DETERMINATION FOR DO-IT-YOURSELF MICROBREWERY AS RETAIL USE IN BURLINGAME AVENUE COMMERCIAL DISTRICT. SUBAREAS A & B City Planner reviewed her memo of August 25 which recommended council review the request and make a determilation. The owner of Brew City approached the Planning Departrnent about leasing 376 space on Burlingame Avenue for a do-it-yourself microbrewery. They provide ingredients, equipment, vats for fermenting, a machine for making labels and a small bottling facility. Employees act as advisors and consultants to customers brewing their own batches of beer. A customer would come to the site twice, once for about two hours to mix ingredienS, then two weeks later would return to make bottle labels and bottle the brew for up to two hours. Up to four people could be involved in mixing at each of six stations and two people at each of four label/bofling stations. There would be four employees. Customers would be allowed to bring in food and beer and wine; they would also be able to sample their brew. No food would be served at the site. The Planning Commission determined the business was similar to a retail use so long as it is a condition- al use in Burlingame Avenue Subareas A and B and recommended courrcil make a code amendment to allow this as a conditional use. Council asked about whether customers can bring in food, and can they bring in alcoholic beverages; asked about the site on Burlingame Avenue they are considering, was it a restaurant site and how long before it is retrofitted; felt this use was similar to a food establishmen! seems like a liquor establishment; State differentiates between beer and liquor; this use does not require a liquor license. Staff noted this application is not site related, applicant is looking at several sites. Mayor Knight asked the applicant to come forward. Scott Shadlich responded to council questions and explained the business does not need a liquor license, but ABC is reconsidering due to the popularity of this type of business; he currently is a partner in Brew City in San Francisco and is looking for a site in Burlingame, looking at several sites; like Burlingame Avenue area because of exposure; in San Francisco they are getting a manufacturing license so they can sell small 3 ounce samples of beer; people can bring in food and drinks; most business is evenings and weekends. Council asked could a person tave a paza delivered to the site; what about private parties; what about truck deliveries; doesn't seem like type of business you would walk into off the street, not an " impulse" type of business. In response to Gary Cohn, City Planner said if this is a conditional use the use would go with the site, not the business. Council thought it was a novel idea, would like to have in our city, but not on Burlingame Avenue; conc€rn about traffic and parking. Vice Mayor Pagliaro moved to determine that this is not a retail use and that it is allowed in C-2 or M-l districts. Seconded and carried unanimously. APPOINTMENTS TO LIBRARY BOARD Mayor Knight noted Councilwoman O'Mahony and Vice Mayor Pagliaro interviewed for the Library Board. Vice Mayor Pagliaro nominated the two incumbents, Kris Cannon and Shirley Robertson and applicant Jeff Berger. Councilman Harrison nominated Mike Doyle. Council mem- bers marked their ballots. DESIGNATION OF VOTING DELEGATE.IE OF CAI,IFORNIA CITIES CONFFRENCE Councilman Harrison moved to appoint Mayor Knight as delegate. Seconded and carried unani- mously. The City Manager announced the vote which resulted in Kris Cannon and Jeff Berger being appointed. Mayor Knight asked that staff thank Shirley Robertson for her service to our library; she hoped the other applicants would apply for future vacancies. 377 TRAFFIC. SAFETY AND PARKING COMMISSION RECOMMENDATION FOR TRAFFIC SIGNAL AT CAUFORMA AND CARMELITA Public Works Director reviewed his memo of August 29 which recommended council consider the Traffic Commission's recommendation to apply for funding for a traffic signal at the intersection of California and Carmelita to be coordinated with the Broadway signals. In August 1991 council approved a flashing yellow light at that intersection on recommendation of the commission. Staff considers there is insufficient justification for traffic signals and noted funding would be difficult to obtain. Councilman Harrison moved to deny this recommendation based on lack of warrants. Seconded by Councilman Spinelli who noted he works in the area and what is needed is parking enforcement. The motion carried unanimously. RESOLUTION 73-95 APPROVING THE ISSUANCE BY BURLINGAME FINANCING AU- LEASE REVENUE BONDS TO FINANCE BURUNGAME LIBRARY RECONSTRUCTION PROJECT: AUTHORIZNG EXECUTION AND DELIYERY OF FACILITIES LEASE AND ST]BLEASE: AUTHORIZING SUBSTITUTION OF LIBRARY FOR LEASE FACIUTIES T]PON COMPLETION: APPROVING FORM OF OFFICIAL STATEMENT: AND AUTHORIZING EXECUTION OF DOCI]MENTS AND TAKING OF ALL NECESSARY ACTIONS RELATING TO LEASE FINANCING WITH BIJRLINGAME FINANCING AUTHORITY City Manager reviewed his memo of August 29 which recommended council and the Burlingame Financing Authority adopt the resolutions authorizing the financing of the library reconstruction project. The bond sale will be in November. On May 15 council approved a joint exercise of power agreement which created the Burlingame Financing Authority. The Authority is being authorized to sell up to $10 million in lease revenue bonds to finance the library reconstruction. We are using an asset transfer structure to reduce the amount of borrowing and capitalized interest. This will lease city hall and the police station until we have use and occupancy of the reconstructed library and then substitute the library for the leased facilities. All the financing documents have been prepared by our bond counsel, Orrick, Henington & Sutcliffe, and our financial advisor, Rauscher Pierce Refsnes, Inc. Assuming a $10 million issue with a 20-year amortization, our net debt service would average $792,000 annually. To fund this debt service, approximately half our 2 percent hotel tax would be necessary. After adopting this resolution, council should adjourn to meet as the Financing Authority. He responded to council questions. Councilman Harrison moved to adopt RESOLUTION 73-95. Seconded by Councilwoman O'Mahony and carried unanimously. Councilman Harrison moved to adjoum to the Financing Authority meeting. Seconded and carried unanimously. BURLINGAME FINANCING AUTHORITY MEETING Chairperson Knight called the meeting of the Burlingame Finatrcing Authority to order at 9:15 p.m. All board members were present: Board Member Harrison, Board Member Knight, Board Member O'Mahony, Board Member Pagliaro, Board Member Spinelli. CIP There were no public comments. 378 RESOLUTION 2-1995 OF THE BURLINGAME FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS FOR THE BURUNGAME ON PR AUTHORIZING EXECUTI NAN D LEASE REVENUE BONDS: AUTHORIZING THE PROCTJREMENT OF BOND INSURANCE FOR THE BONDS: APPROVING THE FORMS OF A TRUST AGREEMENT. A FACILITIES LEASE. AND A FACIUTIES SUBLEASE: APPROVING FORMS OF AND AUTHORIZING PUBIJCATION AND DISTRIBUTION OF AN OFFICIAL NOTICE OF SALE. A NOTICE OF INTENTION TO SELL BONDS. AND AN OFFICIAL STATEMENT DESCRIBING SAID BONDS: AUTHORIZING SUBSTITUTION OF CITY LIBRARY FOR LEASED FACILITIES UPON COMPLETION: AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE ISSUANCE OF BONDS Board Member Pagliaro moved adoption of RESOLUTION 2-1995 of the Burlingame Financing Authority. Seconded by Board Member Spinelli and carried unanimously. Board Member Harrison moved to adjourn back to the council meeting. Seconded and carried unanimously. The regular council meeting reconvened with all council members present. CONSENT CALENDAR Regarding @) prohibition of self-service tobacco displays, Councilwoman O'Mahony said she received calls from small merchants who just received notice of this ordinance and did not have time to react. Vice Mayor Pagliaro asked if we prohibit cigarette vending machines. City Attorney said cigarette vending machines are only allowed in bars in our city; he also told of a new proposal where people purchase tokens with which they purchase cigarettes from special cigarette vending machines and he noted there is proposed legislation to ban cigarette vending machines state-wide. Mayor Knight noted this ordinance is bringing our city in line with the new county regulations. Councilwoman O'Mahony and Councilman Harrison asked if there was another access to Mills Canyon Park from the Alturas/Mariposa area if the gate and fence across the easement in item (0 is installed. Public Works Director responded, showed location on map of a public walkway for access; staff noted this subject easement is a utility easement and not meant as a public walkway. ADOPTION OF ORDINANCE 1530 - 1995-96 SANITARY SEWER RATES Public Works Director reviewed his memo of August 11 which recommended council hold a public hearing and take action. Proposed sewer rates for single-family residential increase 2.4 percent and multi-family decrease .4 percent. Commercial rates decrease from .8 to 13.6 percent. A comparison of combined sewer and water bills with other cities shows we continue to have one of the lowest residential rates. These rates, together with the estimated $880,000 received from Burlingame Hills and Hillsborough in accordance with their agreements, should raise revenue equal to the current budget plus $400,000 for Capital Improvements. The new rates would go into effect on September I, f995. F ORD TOBACCO PRODUCTS City Attorney's memo of August 22 recommended council adopt an ordinance prohibiting self service displays of tobacco products, similar to that adopted by the county recently. The b a, 379 effect of the ordinance is that tobacco products must be kept behind the counter and sold through an employee. If adopted, he will notify businesses. c. RESOLUTION 74-95 AUTHORIZING AG WITH SAN MATEO COUNTY e FOR STORM WATER POLLUTION PREVENTION INSPECTIONS Public Works memo of August 29 recommended council approve the agreement with the county for performing commercial/industrial stormwater pollution inspections. There would be no fees this year. d. PREUMINARY YEAR END UNAUDITED FINANCIAIS Finance Director's memo of August 15 reported on the financial sunmary for operating funds and capital projects prior to the corrmencement of the annual audit. It showed we ended the 1994-95 year in a better than budgeted position. F RD FP CITATIONS BY SECURITY PERSONNEL f. ENCROACHMENT FOR FENCE AND GATE ACROSS EASEMENT AT 3IOO MARGARITA Public Works memo of August 30 recommended council approve this permit with conditions. ENCROACHMENT PERMIT FOR PT-A,NTER BOXES AND A BENCH AT 783 CALI. FORNIA Public Works memo of August 30 recommended council approve the pennit with conditions. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. COUNCIL COMMITTEE REPORTS Mayor Knight told of several meetings she attended; said she recently received calls about airport backblast noise. OLD BUSINESS Vice Mayor Pagliaro requested a report on the status of URM building retrofitting. He also asked staff to report on the landscaping that council required at the Alamo parking facility on Bayshore. Commission Minutes: Broadway BID, July 11; Traffic, Safety and Parking, August 10; Civil Service, August 8; Library Board, June 20 and August 15, 1995. a City Attorney's memo of August 30 recommended council adopt an ordinance to allow the Police Chief to authorize security personnel to issue parking citations on the property they patrol. ACKNOWLEDGEMENTS 3BC c b. ktter from Tim Coulsin regarding intersection at Peninsula and lorton. ktters from Fem Schmitz, Iennifer Easton, and Cathy Baylock regarding saving the building at 1226 Donnelly. d. ktter from County Health regarding closing the Seneca House on Mariposa. Irtter from Michelle Meredith regarding leaf blowers and air pollution. Proclamation - Constitution Week, September 17-23. Irtter from Historical Society regarding the Donnelly House. CLOSED SESSION At 9:45 p.m. Mayor Knight adjourned to a Closed Session on (1) labor negotiations with AFSCME and (2) property negotiations regarding possible sale or trade of the Rhinette Parking tot, 1217 California. No action was taken. ADJOURNMENT IN MEMORY OF THE OF COMMISSIONER MIKE LENNON Mayor Knight noted with sadness the death of Civil Service Commissioner Mike knnon's father. After a moment of silence, the meeting was adjourned in his memory at 9:56 p.m. Iudith A. e f o City Clerk