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HomeMy WebLinkAboutMin - CC - 1996.04.15466 BURLINGAME, CALIFORNIA April 15,1996 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City HaU Council Chambers. The meeting was called to order at 7:00 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Postmaster Clarence Brown. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of April L, 1996 were approved after a change on page 1 by Mayor Harrison to show he ". ..removed himself from the discussion because of a personal eenfliet , not financial. reason. " Vice Mayor O'Mahony asked to add to page 5 under New Business that the donated Bennington flag "might be displayed in the city hall lobby. " PRESENTATION OF PROCLAMATIONS: (1) FEDERAL AUTO PARTS ON ITS 5OTH ANNIVERSARY AND (2) NATIONAL LETTER CARRIERS FOOD DRIVE DAY Mayor Harrison called forward Berry Hurley and his wife to accept a proclamation celebrating their 50th Anniversary in business at Federal Auto Parts. Mayor Harrison called forward Burlingame Postmaster Clarence Brown along with the President of the ktter Carrier's Union to accept a proclamation for their Food Drive Day on Saturday, May 11, L996. The mayor urged citizens to leave a donation of non-perishable groceries by their mail box. PUBLIC HEARING - SECOND READING - ORDINANCE 1541 REMOVING LIMITATION ON SIZE OF GROCERY STORES IN C-1 DISTRICT. SUBAREA A. BURLINGAME AVENUE COMMERCIAL AREA City Planner reviewed her memo of March 26 which recommended council hold a public hearing and take action. This ordinance will change zoning standards to eliminate a maximum size for grocery stores in Subarea A of the Burlingame Avenue Commercial Area. This change was requested by a representative of Safeway Markets at the March 4 meeting and council agreed to consider such a change. This proposed change would allow grocery stores of any size in either Subarea A or B to request a conditional use permit. A conditional use permit is discretionary and such a request can be denied with reasonable findings. Any expansion or reuse of the existing stores or new stores would need to meet all code requirements, especially parking. She responded to council questions. 4 67 Mayor Harrison opened the public hearing. Robert Freeman of Los Altos, representing Safeway, was present with other Safeway representatives; he spoke in favor of the ordinance. He told how grocery stores are changing and expanding to meet various needs of the customers; this city is losing money to other cities with larger grocery stores. The hearing was closed. Vice Mayor O'Mahony said she could support the ordinance, it's a step in the right direction and a way to respond to the needs of the community. She moved adoption of ORDINANCE 1541. Seconded and carried unanimously 5-0 on voice vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1542 PROHIBITING SPITTING IN PUBLIC Acting City Attorney reviewed the memo of March 27 which recommended council hold a public hearing and take action. Our Police Department often receives complaints about groups of people congregating in public; one of the more obnoxious habits of some of these people is spitting on the sidewalk. While there are penal code sections which deal with such a violation, they involve a misdemeanor arrest and are far more expensive and time consuming than the offense warrants. This amendment to our code would allow the police to cite these people at the scene for infractions which could carry a fine as high as $270. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilwoman Knight questioned the phrase prohibiting spitting "on private property ... open to the view of public. " She was concerned someone might be cited for spitting on their own front lawn. Acting Attorney said council might want to narrow the scope of the ordinance at a later date. She noted any citation action is up to the police officer's discretion. Councilman Spinelli moved adoption of ORDINANCE 1542. Seconded by Councilwoman Janney and carried unanimously 5-0 on voice vote. PUBLIC COMMENTS Joe Karp, 1209 Burlingame Avenue, commended council on the action regarding grocery stores. He spoke about his property at 1100 Howard; plans were approved by council in 1992 and he is now starting the project; he has downscaled the project to a 6800 SF commercial building but was concerned about a condition which Planning Department made on his new plans. The condition noted if there were a restaurant in the site, it "may need a variance. " He said parking variance was already granted for the site. Mayor Harrison recalled the L992 hearing regarding this property and stated that Karp had 20 parking spaces for the property, council concurred. He asked for staff to meet with Karp to resolve the issue. AMUSEMENT PERMIT - PROMOTIONS OF THE WORLD EVENT AT HYATT HOTEL. 1333 BAYSHORE ON APRIL 26 City Manager reviewed his memo of April 8 in which he recommended council approve the application with conditions. We have received an application for an amusement permit from Promotions of the World/World Beat Productions. They plan to hold an event at the Hyatt Hotel on April26, 1996. The event is a dance with live entertainment for which they plan to sell tickets at the door. They hope to have 1000 people attend. Based on the anticipated size of the group and the fact that tickets are to be sold at the door, an amusement permit was required. The police have 468 reviewed the request and discussed the event with the applicant. Two prior events were held at the Hyatt without any problems. The applicant will have his own security people at the event but desires to hire two uniformed city police officers at his expense. With this condition, including advance payment of fees, staff suggest approval. The applicant was present and made no com- ments. Vice Mayor O'Mahony moved approval of the request. Seconded by Councilwoman Janney and carried unanimously by voice vote. City Manager reviewed his memo of April 9 which recommended council approve the application with conditions. This location currently has an amusement permit and the application is for a new owner. The police recommend conditions that (1) admission after 9:00 p.m. be limited to adults 21 years of age or older and all alcoholic beverage control laws be strictly enforced; (2) no variance from the permitted entertainment (karaoke) occur without amendment to the permit; (3) no part of the business be subleased without notification to police and (4) the permit be reviewed in six months. The permit was revoked in the past, but the business has had no recent problems. The applicant was present and had no comments. Councilwoman Knight wondered why there was no condition like we have for other establishments where entertainment must stop at 1:30 a.m. Staff said that condition is to address the noise factor near residential uses. This business is in a commercial area with no residential nearby. Council- woman Knight said she would vote in opposition because Karaoke had problems in the past and she was alos concerned about the location and policing problems. It was moved, seconded and carried 4-l on voice vote to approve the permit with conditions, Councilwoman Knight voting no. City Manager reviewed his memo of April 9 which recommended council review the request from Pacific Cable asking for a one-year extension of the current franchise. The purpose of the extension would be to allow for the completion of the transfer of the business to TCI and negotiation of a new franchise with TCI. If council agrees to this approach, staff will prepare the necessary resolution of intention for consideration at the May 6 meeting and schedule the required public hearing for May 20 in accordance with city code. The city's 15 year franchise with Pacific Cable expires Jlune 24, t996. In August 1995 Pacific Cable informed us that their parent company Post-Newsweek had signed a letter of intent with TCI to acquire the Burlingame system. Once this agreement is finalized, the city must review and approve the request to transfer the franchise. In addition, the Federal government adopted a new telecommunications act which further deregulates the industry and will vastly change the provision of cable television in the future. Given all of the above, the request from Pacific Cable seem appropriate to staff. Extension of the current franchise will allow for continuation of the current 3 percent franchise fee from Pacific Cable. Susan Adams, General Manager of Pacific Cable, responded to council questions regarding a possible higher franchise rate. Vice Mayor O'Mahony moved to approve the concept of extending the franchise. Seconded by Councilwoman Knight and carried unanimously. PARK & RECREATION COMMISSION APPOINTMENT Mayor Harrison noted Councilman Spinelli and Vice Mayor O'Mahony had interviewed for the vacancy on the Park and Recreation Commission. Councilman Spinelli said there were three excellent candidates, he nominated Nicole Piccetti. There were no other nominations and Nicole REOUEST FROM CABLE TELEVISION FOR A ONE-YEAR EXTENSION OF FRANCHISE 469 a b Piccetti was appointed. Vice Mayor O'Mahony asked that the other candidates be notified of any commission vacancy. CONSENT CALENDAR Councilwoman Knight had a question on "e. Warrants and Payroll" about a payment to Burlingame Station Brewery. Recreation Director responded his staff has negotiated a pool instruction class for adults in the billiards room at Burlingame Station Brewery and city costs will be reimbursed through class fees. Mayor Harrison asked the payment to Coalition for a One Stop Terminal be made to show the payment was for Councilman Spinelli's trip to Washington DC. Mayor Harrison also asked staff to have the vacant property at El Camino and Burlingame Avenue abated of weeds. RESOLUTION 20-96 ACCEPTING COMPLETION OF BAYSHORE AND STANITON TRAFFIC IMPROVEMENTS - CP 9501 Public Works memo of April 2 recommended council approve a resolution accepting this project as completed by Vargas & Esquivel Construction in the amount of $51,690.60. RESOLUTION 21-96 SETTING PUBLIC HEARING FOR 1996 WEED AND RUBBISH ABATEMENT ON PRIVATE PROPERTY - CP 9612 Public Works memo of April 8 recommended council approve a resolution setting public hearing for June 3, 1,996 for the 1996 Weed and Rubbish Abatement Program on public and private property. Once the hearing date is set, property owners will be notified to abate their weeds. At the public hearing, property owners objecting to such proceedings will be heard. Property owners that do not pay for expense of weed removal will have liens placed on their property. c.RESOLUTION 22-96 ACCEPTING COMPLETION OF SANITARY SEWER REPAIRS - cP 92t8 Public Works memo of April 10 recommended approval of a resolution accepting this project completed by Jardin Pipeline in the amount of $276,712. d. DENIAL OF CLAIM OF CASPER NORTON Acting City Attorney's memo of April 8 reconrmended council deny this claim for loss of consortium resulting from an auto accident. Finance Director recommended approval of Warrants Number 42980 - 43494, duly audited, in the amount of $1,028,575.43 and Payroll Checks 84765 - 85491 for the month of March 1996 in the amount of $1,213,8L9.43. Councilman Spinelli moved approval of the Consent Calendar. Seconded by Councilwoman Knight and carried unanimously. e. WARRANTS AND PAYROLL 470 COUNCIL COMMITTEE REPORTS Vice Mayor O'Mahony reported on CCAG meeting. Councilman Spinelli told about the Airport Roundtable. Councilwoman Knight attended, along with the Mayor, a meeting with Burlingame School District; also the kgislative Breakfast and the legislative committee meeting. Mayor Harrison asked if Senator Kopp had given reason why he voted against SB 1590. She said no and that Assemblywoman Speier said she was opposed to SB 1590. Vice Mayor O'Mahony said she also attended the Investment Committee meeting. Mayor Harrison went to the Airport Land Use Commission meeting, the Chamber of Commerce meeting and the JPB meeting. OLD BUSINESS Councilman Spinelli asked when the meters would be installed in the Rhinette lot which has been fuIl since the Goodwill store opened; there is also a semi trailer parked there. Staff responded they have been ordered and staff will be moving the driveway from California to Rhinette soon. NEW BUSINESS Mayor Harrison set appeal hearings May 6, 1996 for (1) requirement to remove a shower from an accessory building by the year 2000 at 204 Bayswater, (2) a condominium project at 107-l2l El Camino, and (3) variances for a side setback, parking and lot coverage for a residential addition at 801 Paloma. Vice Mayor O'Mahony asked staff to prepare a proclamation for a Burlingame resident who is undergoing cancer treafinent. A local church is having a fundraiser for her next month. ACKNOWLEDGEMENTS Commission Minutes: Senior, March 21; Planning, April 8, 1996. Department Reports: Building, March 1996; Treasurer, March 31, t996. Irtter from Joe Karp regarding use of his property at 1100 Howard. (Discussed earlier.) Irtter from City of Covina requesting support of SB 1977 regarding shift in some sales taxes to cities. e. lrtter from Theresa Whisman thanking council for stop sign at Ray and Davis Drives. f. Proclamations: Older Americans Month, May 1996; Hire a Veteran Week, May 5-11, 1996. g. ktter from AYSO regarding use of soccer fields. Mayor Harrison referred this letter to the Park & Recreation Commission. h. lrtter from Top Driver requesting support of SB L694. i. lrtter from Peninsula Community Foundation regarding its grants to 8 nonprofit groups. j. Irtter regarding the California AIDS Bike Ride on June 2. a b c d 471 -_.l iJ k. t. ktter from Senator Thompson requesting support of SCA 26 requiring only a simple majority vote to pass the state budget. Irtter from the City of Temecula requesting support in recovering state funding for libraries ADJOURNMENT The meeting was regularly adjourned at 8:08 p.m. Judith A. Malfatti City Clerk -.-l t\ L-i r-..l I ,-.