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HomeMy WebLinkAboutMin - CC - 1996.10.21BI,]RLINGAME, CALIFORNIA October 2L, t996 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 7:00 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG Ird by Carol Tarui ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of October '7, L996, were unanimously approved after several corrections: Mayor Harrison noted on page 3, second paragraph, fourth line "...frontage for the driveway and the setbacks would remain as had been stated in the original plans" and on page 5, last paragraph, "Regarding the Streetscape Finance Committee, Ma;ror Ha:risoa Vice Ma)ror O'Mahony suggested... ". Councilman Spinelli noted a correction in the same paragraph: "...and Councilman Spinelli suggested Finance Director Rahn Becker...". PUBLIC HEARING - APPEAL FOR TAKE-OUT FOOD SERVICE PERMIT AT 14OO BURLINGAME AVENUE - RESOLUTION 82-96 City Planner reviewed her memo of September 27 which recommended council hold a public hearing and take action. Applicant Michael O'Leary with property owner Peter Umland is requesting a take-out service for food permit at 1400 Burlingame Avenue, Subarea A of Burlingame Avenue commercial area, zoned C-l. The existing business sells newspapers, magazines, lottery tickets, cigarettes, and pre-packaged candies, gum and sodas. Recently, the premise was remodeled to add a self-service coffee/cocoa and slushie bar at the front of the store. This change in business meets the definition in our code as a take-out service and was brought to the attention of the planning department; so this item was brought forward as a code enforcement since this activity is currently in place. At their September 9 meeting, the Planning Commission held a public hearing and moved to approve the take-out service permit; the motion failed for a lack of four votes. The Commission then moved to direct staff to advise applicant to cease sales of all take-out items within 15 days of final action on this item. The applicant appealed the Planning Commission decision. The Commission noted in their action that take-out service permits run with the land, so enforcement with future owners or 56 tenants at this site would also be an issue. They discussed limiting such drink sales to a specific percentage of gross sales from the site. City Planner noted seven conditions were considered at the Planning Commission public hearing. The Commission added a condition limiting the food take-out service to be frozen slushies, coffee, and hot chocolate prepared on site and sold individually for consumption not to exceed fifteen percent of the gross sales from the site. Vice Mayor O'Mahony asked City Planner to restate the added condition. Councilwoman Knight inquired about the remodeling plans presented to the building department and if there was any evidence of their intention to do something different from their original business plan. City Planner responded tenant improvement plans presented to the building department show construction, not use. Mayor Harrison opened the public hearing. Pete Umland, property owner of Burlingame Smoke Shop, presented council with letters he received from Burlingame citizens and patrons who've been buying their coffee from the Smoke Shop since 1978. Coffee sales have diminished since the opening of Coffee Critic, Starbucks, and Peet's. He requested the council consider the Smoke Shop be given "grandfather" status to continue beverage sales. Councilwoman Knight expressed concerns about misunderstandings in the future about take- out service and permits running with the land, passing from one owner/tenant to another. Vice Mayor O'Mahony inquired about the percentage of sales of beverage. Mayor Harrison closed the public hearing. Councilman Spinelli discussed putting limits on the take-out permit; expressed concerns about granting another food establishment in the area; need to maintain retail balance on the avenue. Vice Mayor O'Mahony viewed the Smoke Shop as an institution in Burlingame; owner has a great deal of pride in the business; only place on the avenue where one can purchase a newspaper and coffee in three minutes. She suggested the permit for take-out be terminated in the event ownership/lease changes. Councilwoman Janney supported the appeal. Councilwoman Knight expressed concern about expansion of business based on coffee given the terms of a take-out permit. Councilwoman Janney moved to support the appeal with the condition for review if proprietor of business changes; seconded by Vice Mayor O'Mahony and carried 3-2, Councilmembers O'Mahony, Janney and Harrison voting yes, and Councilmembers Knight and Spinelli voting no. PUBLIC HEARING CONTINUED TO NOVEMBER 18, 1996 . APPEAL FOR TAKE-OUT FOOD SERVICE PERMIT AT 1118 BURLINGAME AVENUE Mayor Harrison acknowledged a request from the applicant's attorney to continue the hearing. The hearing was rescheduled to the November 18 meeting. Burlingame City Council 57 October 21, 1996 PUBLIC HEARING - SECOND READING - ORDINANCE 1559 ESTABLISHING HILLSIDE CIRCLE AND A PORTION OF ALVARADO AVENUE AS ONE-WAY STREETS WITH A STOP SIGN ON SUMMIT AT HILLSIDE CIRCLE City Engineer reviewed public works memo of September 26 which recommended council hold a public hearing and adopt ordinance converting a portion of Alvarado Avenue and Hillside Circle from two-way to one-way traffic in a clockwise direction and to install a stop sign on the Summit Drive approach to Hillside Circle. At the request of residents along Hillside Circle, the Traffic Safety Parking Commission at their September 12 meeting unanimously approved such conversion. Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Councilwoman Janney moved to adopt ORDINANCE 1559. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING . SECOND READING - ORDINANCE 1556 PROHIBITING THOSE UNDER 21 YEARS OF AGE FROM POSTED PREMISES City Attorney reviewed his memo of September 19 which recommended council hold a public hearing and take action. This ordinance would prohibit persons under 2l yearc of age from being in an establishment with an "on site license for public premises" or a bar which only sells beverages and no food. In recent weeks, our police department have had incidents where under age persons have been found in such establishments and the District Attorney's office has declined to prosecute. With this ordinance offenders would be cited for an infraction and city staff will prosecute. Mayor Harrison opened the public hearing. There were no comments and the public hearing was closed. Vice Mayor O'Mahony moved approval of ORDINANCE 1556. Seconded by Councilwoman Janney and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1557 ESTABLISHING LIEN PROCEDURES FOR UNPAID WATER AND SEWER CHARGES City Manager reviewed Finance Director's September 24 memo recommending council hold a public hearing and take action. For delinquent water and sewer charges, the city currently shuts off the water and reinstates service after payment of the bill with penalties. However some commercial customers only receive sewer charges, they do not receive water bills because water is paid by the property owner. If the sewer charges are not paid, the city cannot shut off the water since it has been paid by the property owner. This ordinance will make a property owner ultimately responsible by providing for a procedure whereby a lien would be placed against the property. October 21, 1996 58 Burlingame City Council Mayor Harrison opened the public hearing. There were no comments and the public hearing was closed. Vice Mayor O'Mahony moved for approval of ORDINANCE 1557. Seconded by Councilwoman Knight and carried unanimously. PUBLIC HEARING - SECOND READING - ORDINANCE 1558 ESTABLISHING FOUR ONE-HOUR PARKING SPACES ON INGOLD ROAD City Engineer reviewed public works September 30 memo which recommended council hold a public hearing and take action. This ordinance would approve the installation of four one-hour parking spaces in front of 16T5Ingold Road as recommended by the Traffic Safety Parking Commission. Mayor Harrison opened the public hearing. There were no comments and the public hearing was closed. Councilman Spinelli moved approval of ORDINANCE 1558. Seconded by Vice Mayor O'Mahony and carried unanimously. PUBLIC COMMENTS BART. Glenn Mendelson, 1816 Barroilhet Avenue, thanked Vice Mayor O'Mahony for drafting and submitting a resolution endorsing the undergrounding of any BART tail tracks extending into Burlingame city limits. Todd Becker,2116 Hillside Drive, reiterated Mr. Mendelson's comments and commended council members who supported postponing approval of any agreements with BART. Gerald Graham, 1476 Drake Avenue, spoke in opposition to Vice Mayor O'Mahony's resolution, he is in support of public transportation, feels council is not serving the community. Dorothy Dugger, Deputy General Manager of BART, urged council's rejection of Vice Mayor O'Mahony's resolution to underground BART tail track within Burlingame, undergrounding tail tracks would extend the length of tracks by 100 percent within the city and eliminate the cross platform at the Millbrae station. Speaking in opposition to BART: Marilyn Canon, 1545 Howard; and Joe Baylock, 1527 Newlands. Speaking in support of BART: Charles Voltz, 725 Yernon Way; and Frank Piccelli, 6 Karen Court. TRAFFIC SAFETY PARKING COMMISSION APPOINTMENTS Vice Mayor O'Mahony reported the candidate did not arrive to be interviewed. She requested the application filing for the two seats on the Traffic Safety Parking Commission be extended through November. Mayor Harrison directed staff to accept commission applications through November 25 and make the necessary appointments at the December 2 council meeting. Burlingame City Council 59 October 21, 1996 RESOLUTION 83-96 ENDORSING UNDERGROUNDING OF ANY BART TAILTRACK INSTALLED IN BURLINGAME Vice Mayor O'Mahony reviewed her October 16 memo endorsing that any BART tailtrack or extended BART rail through Burlingame city limits should be below grade in a bored tunnel; want the community to know the council is protecting their interests, future and the uniqueness of Burlingame; indicated she is not opposed to public transit, but must not displace, spoil or ruin our community. She then read the resolution into the record. Vice Mayor O'Mahony moved to adopt Resolution 83-96. Seconded by Councilman Spinelli. Councilman Spinelli recommended an insertion in the second paragraph to read, "Whereas, BART has offered to place facilities in right-of-way below grade in Colma, South San Francisco, and San Bruno at no cost to those cities; and". Vice Mayor O'Mahony accepted the recommendation. Councilwoman Knight stated her support and appreciation of Vice Mayor O'Mahony's resolution. Council commented on BART's lack of cooperation in working with Burlingame when they discussed Alternative 6 originally; Burlingame's responses to BART's EIR were ignored; this resolution states Burlingame's terms should BART tailtracks be extended into our city limits. Councilwoman Janney noted many constituents believe in BART extension to airport and the need for improvement in Bay Area transportation; it is in the best interest of our community to arrive at the best possible mitigation; the BART extension is inevitable; cannot suppoft a plan that will increase the length of tailtrack into Burlingame at almost twice the current proposal, nor can she support a plan that will greatly increase the cost of the project. Mayor Harrison noted that this council has always been in opposition to the extension of BART to Burlingame but supported the BART extension to the airport. Burlingame is not going to be able to halt the BART extension therefore we need to work an amiable solution with BART team and stated he was against the resolution. The motion to approve Resolution No. 83-96 carried 4-1 on roll call vote: Councilmembers Knight, Harrison, O'Mahony and Spinelli voting yes, Councilwoman Janney voting no. Mayor Harrison noted that his yes vote would allow him to ask for reconsideration of the resolution at a later date. TENTATIVE CONDOMINIUM MAP FOR PROPOSED 4-UNIT CONDOMINIUM AT 1408 EL CAMINO REAL City Engineer reviewed public works memo of October 21 which recommended council concur with the Planning Commission and approve the map with conditions. At their October 7 meeting, council continued this application because of concerns with drainage discharge to Capuchini Avenue. Councilman Spinelli noted his concerns for continuing this item and expressed appreciation to public works staff for clarification. Councilman Spinelli moved approval as recommended. Seconded by Vice Mayor O'Mahony and carried unanimously. October 21, 1996 60 Burlingame City Council CONSENT CALENDAR With regard to item b, Mayor Harrison requested letters be sent to auto dealers in the area about this change on Bayswater after adoption of the ordinance at the next regular meeting. Councilwoman Knight requested letter also be sent to drivers of Safeway delivery trucks. Vice Mayor O'Mahony questioned City Manager on item d with regard to tallies of the commuter shuttle use. On item e, Councilwoman Knight noted a conflict with the date selected for the commissioners' dinner and requested it be changed to March 14; council concurred. On item f, Mayor Harrison inquired who was providing valet parking service at this location; City Attorney responded it was a different valet parking service than that provided service at other locations downtown. Councilwoman Knight inquired about warrants and payroll. a. INTRODUCTION OF ORDINANCE 1560 AMENDING PARKING RATE PROCEDURES AND RESOLUTION ESTABLISHING NEW METER RATES FOR BURLINGAME AVENUE AND BROADWAY AREAS City Attorney's memo of October 11 recommended council introduce this ordinance and resolution to simplify the process by which the city sets parking meter rates. b. INTRODUCTION OF ORDINANCE 1561 REDUCING SPEED LIMIT ON BAYSWATER AVENUE FROM CALIFORNIA TO HUMBOLDT Public Works memo of October 21 recommended council introduce this ordinance. At their October 10 meeting, the Traffic Safety Parking Commission voted unanimously to reduce the traffic speed limit on Bayswater Avenue to 25 mph after requests from residents in the area, post speed check by radar signs, post school zone signs, repainting of crosswalks and other road markings, and keeping up with the police presence when possible. c. INTRODUCTION OF ORDINANCE 1562 ESTABLISHING FOUR-WAY STOP SIGN ON EASTON AVENUE AT CORTEZ AVENUE Public Works memo of October 21 recommended council introduce ordinance to install a 4-way stop sign at the intersection of Easton Drive and Cortez Avenue. d. RESOLUTION 84-96 AUTHORIZING AGREEMENTS WITH C/CAG FOR AB 434 FUNDING FOR (1) THE MID-DAY SHUTTLE AND (2) THE FREE BEE COMMUTER SHUTTLE Finance Director's memo of October 13 recommended council approve authorizing agreement with C/CAG for funding of mid day shuttle ($55,000) and Free Bee Commuter Shuttle ($32,350). Burlingame City Council 61 October 21, 1996 e APPROVAL OF 1997 CITY COUNCIL CALENDAR City Clerk's memo of October 11 recommended council review and approve the 1997 council meeting calendar. The date of the 1997 commissioners' dinner was changed to March 14. f. TRAFFIC SAFETY PARKING COMMISSION RECOMMENDATION FOR VALET PARKING AT 11OO BURLINGAME AVENUE Public works memo of October 15 recommended council approve the Traffic Safety Parking Commission recommendation to install valet parking on the west side of California Drive at Burlingame Avenue to serve 1100 Burlingame Avenue, Left at Albuquerque restaurant. s. WARRANTS AND PAYROLLo Finance Director recommended approval of Warrants Number 46034 - 46595, duly audited, in the amount of $2,460,401.81; and Payroll Checks 89578 - 90302 for the month of September 1996 in the amount of $1,259,622.87 . Vice Mayor O'Mahony moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman Knight attended Criminal Justice Council meeting, and SamTrans Board meeting. Councilwoman Janney attended the study session for the Convention and Visitors Bureau, and the League of California Cities conference in Anaheim. Councilman Spinelli attended Emergency Services Council meeting, Airport Roundtable, and League of California Cities conference. Vice Mayor O'Mahony attended C/CAG meeting. Mayor Harrison attended rededication of train station, Shelter Network breakfast, Board of Supervisors meeting in recognition of Assemblywoman Speier, library topping out, and San Mateo County Convention Bureau retreat. OLD BUSINESS - none. NEW BUSINESS Mayor Harrison set appeal hearing on 1319 Benito for December 2 meeting; and appeal hearing for 2209 Ray Drive on November 4. Councilman Spinelli requested City Engineer check on the on-street parking stripes in front of 1100 Burlingame Avenue, not uniformly painted. Councilwoman Knight thanked Vice Mayor O'Mahony for information from C/CAG regarding high speed rail. October 21, 1996 62 Burlingame City Council ACKNOWLEDGMENTS a. Commission Minutes: Beautification, October 3; Broadway BID, September 9; Traffic, Safety and Parking, October 9; Planning, October 15, 1996. b. Department Reports: Treasurer, September 30; Building, July, August and September t996. c. Letter from Patricia Gray objecting to demolition of homes. d. Proclamation for Pornography Awareness Week. e. Letter from Eileen Ceglia regarding SamTrans buses on Ray Drive, an unapproved route Mayor Harrison requested this item be referred to Traffic Safety Parking Commission for recommendation. f. Letters from cities of Millbrae and San Bruno regarding bikeways and BART, Caltrain and freeway overpasses. g. Letter from Peninsula Rail 2000 regarding upgrading Caltrain. CLOSED SESSION At 8:37 p.m., council adjourned to closed session to confer with the City Manager and City Attorney regarding city attorney position. Closed session ended at 8:44 p.m. and no action was taken. ADJOURNMENT IN MEMORY OF MICHAEL MUSTACHIA AND DAVID PHILIBOSIAN Mayor Harrison observed a moment of silence, sadly noting the recent and tragic death of former Burlingame High School students Michael Mustachia and David Philibosian. The meeting was adjourned at 8:45 p.m. vmw Judith A. Malfatti City Clerk Burlingame Ciry Council 63 October 21, 1996