HomeMy WebLinkAboutMin - CC - 1995.10.1639i
BI,JRLINGAME, CALIFORNIA
October 16,1995
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 at7:30 p.m. by Mayor Knight.
PLEDGE OF ALLEGIANCE TO THE FLAG
Ird by City Manager Dennis Argyres.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of October 2, 1995 were approved unanimously after a change
in the spelling of l,ouisa Kauq's name.
PUBLIC HEARING - REVIEW OF SPECIAL PERMIT FOR RETAIL SALE OF SNACK FOOD
AND BEVERAGES AT AN EXISTING GAS STATION AT 177 CALIFORNIA DRIVE -
RESOLUTION 79-95 APPROVING SAME
City Planner reviewed her memo of October 6 which recommended council hold a public hearing
and take action. Peter ke, the applicant, is requesting a special use permit to allow retail sales of
snack foods and beverages, including beer, from his gas station/car wash at 177 California. No
other uses are being changed on the site and no structures are being added. The applicant proposes
to remodel the interior of an existing 179 SF structure for display of the snacks and beverages and
to house the cashier. The snack area will be open the same hours as the gas station, 7:00 a.m. to
midnight, seven days a week. There are five full time and two part time employees and no change
in the number of employees is proposed. There are two on-site parking spaces for employees. If
this project is approved one of these parking spaces could be designated for customer parking. The
Planning Commission approved this request with the condition there be no alcoholic beverages sold.
Mayor Knight opened the public hearing. Tony Lopez, designer representing the applicant, said
there will be no addition of space to the site; customers ask for snacks and drinks while they wait
for their cars to be washed; could reduce traffic if customers don't have to go somewhere else for
snacks and would benefit the city. He responded to council questions; employees either park on site
or on the street, some employees carpool; does not expect people driving by to come in for snacks,
his customers are there for car wash and their cars are not parked; showed on plans the separate
waiting area for customers and special area for foods. Vice Mayor Pagliaro was concerned about
people coming in just for snacks and having no place to park; asked about car wash procedure.
Lopez explained that customers who are having their cars detailed would have to wait a while, if
they are just having cars washed they can stay in the car and drive out. The hearing was closed.
392
Vice Mayor Pagliaro said he called this item up for review because of his concern about traffic
generated by customers for snacks; would not be good for this high traffic area; council has
reviewed other gas stations which had requested similar service.
Councilman Harrison said he could understand people wantrng a snack or beverage while waiting for
their car to be detailed; he did not see this use as a destination; he concurred with the Planning
Commission decision. Councilman Harrison moved to uphold the Planning Commission's approval
including conditions by adopting RESOLUTION 79-95. Councilwoman O'Mahony seconded the
motion; she understood Vice Mayor Pagliaro's concerns but saw this as a convenience for the
customer. Councilman Spinelli and Mayor Knight agreed and noted the Planning Commission
conditions prohibit the sale of alcoholic beverages. The motion carried 4-1 on roll call vote, Vice
Mayor Pagliaro voting no.
PUBLIC COMMENTS - none
City Planner reviewed her memo of October 6 which recommended council appoint a committee for
each area to work with the consultant studying the design of the streetscapes. At the last meeting,
council members each voted for 13 people for each commiffee. Staff compiled the five sets of lists
into one list representing people receiving at least three votes each. Staff contacted these people to
see if they would be interested in serving. The list presented to council had nine people for the
Burlingame Avenue committee and ten for the Broadway committee.
Vice Mayor Pagliaro said he thought council should choose the chair of each committee, that a
council member should also be on each committee and that another person, a homeowner be
appointed to the Burlingame Avenue committee; he suggested either Irv Amstrup or Gloria Barton.
Councilman Harrison agreed about appointing chairs, thought Vice Mayor Pagliaro should be chair
of the Burlingame Avenue committee and Jerry Deal chair of Broadway; he suggested Councilwom-
an O'Mahony be council representative to Broadway and Mayor Ifuight be council representative to
Burlingame Avenue; as far as homeowner appointment to the committee, he pointed out there are
already several homeowners on each committee. Councilwoman O'Mahony thought emphasis
should be on property and business owners and agreed there are homeowners already on each
committee; she suggested David Constantino be chair of Broadway. Councilman Spinelli noted that
Gloria Barton received three votes, but the votes were split between the two areas; if Mayor Knight
did not want to serve he would be pleased to be appointed to the Burlingame Avenue committee; he
suggested Martin Dreiling as chair of the Broadway committee. Mayor Knight agreed there should
be a council member on each committee and Councilwoman O'Mahony would be excellent for
Broadway; with all her transportation commitments, she would like Councilman Spinelli to be
representative to Burlingame Avenue; agreed Vice Mayor Pagliaro should chair Burlingame Avenue
and thought Martin Dreiling should chair Broadway; agreed Gloria Barton should be appointed to
Burlingame Avenue.
Councilman Harrison moved to appoint David Constantino to chair Broadway. Seconded by
Councilwoman O'Mahony. The motion failed 2-3 on ro11 call vote, Mayor Knight, Vice Mayor
Pagliaro and Councilman Spinelli voting no.
APPOINTMENT OF MEMBERS TO BROADWAY AND BURLINGAME AVENUE STEERING
COMMITTEES FOR STREETSCAPE STUDY
393
Councilman Harrison moved to appoint Jerry Deal as chair of Broadway. Seconded by Council-
woman O'Mahony. The motion failed 2-3 on roll call vote, Mayor Knight, Vice Mayor Pagliaro
and Councilman Spinelli voting no.
Councilman Spinelli moved to appoint Martin Dreiling as chair of Broadway. Seconded by Vice
Mayor Pagliaro and carried 4-1 on roll call vote, Councilman Harrison voting no.
Vice Mayor Pagliaro moved to appoint Gloria Barton as homeowner representative to the Burling-
ame Avenue committee. Seconded by Councilman Spinelli and carried 3-2 on roll call vote,
Councilwoman O'Mahony and Councilman Harrison voting no because they felt there was sufficient
homeowner representation on each committee.
City Manager confirmed that Vice Mayor Pagliaro would chair Burlingame Avenue and Martin
Dreiling would chair Broadway; that Gloria Barton was appointed to the Burlingame Avenue
committee; as council representatives, Councilman Spinelli was appointed to Burlingame Avenue
and Councilwoman O'Mahony to Broadway.
TO THE AIRPORT
City Planner reviewed her memo of October 10 which recommended council direct staff. On
October 2 council received the supplemental DEIR/DEIS on BART to the Airport. This report was
to evaluate two new design options for Alternative VI. The review period started October 6 and
ends November 20, 1995. It was staff's intention to review the document in the same manner as
they did the previous one, unless directed otherwise by council.
Councilman Spinelli wondered if we need to bring in some outside help in evaluating this new
report; he was concerned about the effect on Caltrain. Councilman Harrison mentioned that BART
will store 60 cars in the city. Vice Mayor Pagliaro told about CCAG's discussions. Councilwoman
O'Mahony said Bob Ironside, consultant, because of his previous experience would have an
excellent perspective of all sides of the issue; she was concerned about the new set of problems
brought about by the Millbrae study, changed traffic patterns and improvements and the new
alignments for BART parking lots which would have a great impact on Burlingame properties. City
Manager said council could not appoint a consultant at this meeting, but could direct staff to
negotiate a contract on an hourly basis and bring it back to the next meeting.
Councilwoman O'Mahony moved to direct staff to work with Bob Ironside on an hourly basis and to
negotiate a contract with him to act as consultant for study of the BART DEIR/DEIS. Seconded by
Councilman Harrison. Council members brought up issues they wanted addressed by consultant:
archeological issues; traffic impact on Broadway/Rollins/101; impact on Adrian Road; effect of
tailtrack realignment on railroad grade separation at Broadway; increased traffic on Trousdale. The
motion carried unanimously by voice vote.
CANCELLATION OF STUDY MEETING
Council unanimously concurred in canceling the Study Meeting scheduled for October 18
39,1
CONSENT CALENDAR
b
Mayor Knight announced that item "g" was removed at the request of the applicant who is revising
plans. Regarding "b" Councilman Spinelli asked about the reason for changing sewer rates and
Director of Public Works responded about a computer glitch which counted the month of April
twice and resulted in basing commercial water use on 110 percent. Regarding "d" Mayor Ifuight
asked why the resolution referred to electricity, when the contract was for gas power. City
Manager agreed the wording referring to electric power should be removed. Regarding "e" Vice
Mayor Pagliaro asked why the city is paying for part of these improvements being made for Avis.
Director responded the part the clty is paying is for handicap ramps and signal controller which we
would have to do later and can be done at less cost on this contract.
a.INTRODUCTION OF ORDINANCE 1533 AMENDING REGULATIONS FOR LICENS-
ING PRIVATE PATROL SERVICES
In 1994 the state law concerning private patrol operators was amended to preempt local
permitting of such businesses and any of their employees who carry firearms. They now go
through an elaborate state license procedure. The state does allow cities to register those
who have state licenses and to require local permits for unarmed patrol employees, and local
control of uniforms, titles and vehicle identification for such business. We currently have
only four such businesses but our existing ordinance is outdated and should be amended to
conform with state law. The effect of this amendment is that businesses who have state
licenses must register with us and those employees who are not licensed by the state must get
a local permit.
RATES
Public Works memo of October 12 recommended council introduce and adopt this ordinance
revising commercial sewer rates effective November 1, 1995. In September council adopted
L995196 sewer rates. At the time council questioned the drop in commercial sewer rates
which were as much as 13.6 percent. Subsequently staff discovered the report used to
calculate sewer rates had a computer glitch in it. The water use for April had been doubled.
This meant that all rates except single family had been calculated using about 10 percent
more water than actually used. If the rates are not changed, the sewer fund could end up
with as much as $325,000 shortfall. About $40,000 will be lost because September and
October will have been billed at the lower rate.
PROGRAM - CP 9418
Public Works memo of October 1L recommended council accept as completed the Street
Resurfacing Project installed by G. Bortolotto & Company in the amount of $581,149.
RESOLUTION 81-95 AUTHORIZING PARTICIPATION IN THE ABAG POWER
PURCHASING POOL
City Manager's memo of September 26 recommended council adopt the resolution and
authorize the City Manager to (1) sign the ABAG Subscription Agreemertt, (2) execute or
reject the natural gas purchase agreement contract and the PG&E distribution agreement
1c
d
39s
f
negotiated through the ABAG competitive bid process and (3) participate on the ABAG
Power Purchasing Pool Steering Committee. Cost savings could result if reduced rates are
presented by ABAG and accepted by the city. Current gas billing for the city are approxi-
mately $48,000 annually, a 5 percent saving would equate to $2,400. Our electric bills are
in excess of $500,000 annually and would be an area for greater savings in the future.
e RESOLUTION 82-95 AWARDING CONTRACT FOR BAYSHORE/STANTON TRAFFIC
IMPROVEMENTS - CP 9501
Public Works memo of October 10 recommended council award a contract for the Bayshore-
Stanton Traffic Improvements to Vargas & Esquivel of San Francisco in the amount of
$45,175.
DENIAL OF CLAIMS: (1) GAB ROBBINS INSI.JRANCE FOR KG LAND: (2) CONNIE
WU. JIN JUAN PUON. AND YAN KING WU: (3) SAL GONZALEZ
City Attorney's memos of October 4 recommended denial of these claims for (1) a sewer
overflow at the Hyatt Hotel; (2) a sewer overflow at 1453 El Camino; and (3) a softball
breaking a car window.
g. Encroachment Permit for 2836 Hillside removed by applicant.
h. ENCROACHMENT PERMIT FOR FENCE AND RETAINING WALL AT 950 PALOMA
Pubtic Works memo of October 11 recommended council approve this permit subject to
conditions.
i. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants Number 40246 - 40658, duly audited,
in the amount of $1,467,9tt.66 and Payroll Checks 79626 - 80767 for the month of
September 1995 in the amount of $1,229,405.60.
Councilman Harrison moved approval of the Consent Calendar, excluding item "g" and removing
the reference to electriclty in the resolution under item "d. " Seconded by Councilwoman O'Mahony
and carried unanimously.
COUNCIL COMMITTEE REPORTS
Vice Mayor Pagliaro reported on CCAG and noted that Burlingame's Broadway interchange project
has been dropped from STIP list of projects to be funded. Director of Public Works said he had
stressed the importance of at least improving the pedestrian and bike crossings on the Broadway
overpass. Councilman Harrison said it was important to link any bikeways with improving access to
trains and public transportation.
Councilman Spinelli told about the Airport Roundtable meeting; noted because of increasing
overflight noise Atherton wants to join the Roundtable. Mayor Knight spoke about the JPB meeting
and plans for the downtown San Francisco train station; discussed Samtrans bus cutbacks.
396
OLD BUSINESS
Councilman Spinelli said the sidewalks around Starbuck's are a mess, sidewalks need to be washed
down. Council and staff discussed methods of enforcing cleanup. Mayor Knight had received more
calls about litter on the Avenue. She had also received a call from Cafe Marimba about possible
paint color changes.
NEW BUSINESS
Mayor Knight set appeal hearings for the next meeting, November 6, for classes incidental to retail
at Gymboree, 1354 Burlingame Avenue, and for canning and outdoor storage at t333 Marsten.
Another appeal was set for December 4 for a Goodwill Industries store at l2l5 California Drive.
ACKNOWLEDGEMENTS
a. Commission Minutes: Park and Recreation, September 21; Planning, October 10, 1995
Deparffnent Reports: Building, September 1995; Treasurer, September 30, 1995.
Irtter from Dr. Christine Angeles regarding tobacco products and youth.
ktter from Council of Cities committee regarding proposed ordinances for cigarette vending
machines and self-service displays of tobacco products.
I*tter from Bill Helman, President of Burlingame Girls Softball, regarding their use of the
Ray Park fields. Mayor Knight acknowledged a response from the Recreation Director
stating the history of this issue and that this letter will be considered at the next Park and
Recreation Commission meeting.
ADJOURNMENT IN MEMORY OF MAY O'MAHONY
Mayor Knight noted with sadness the death of Councilwoman O'Mahony's mother May O'Mahony
After a moment of silence, the meeting was adjourned in her memory at 8:53 p.m.
b.
c.
d.
e.
Judith A. Malfatti
City Clerk