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HomeMy WebLinkAboutMin - CC - 1996.11.18BI,]RLINGAME, CALIFORNIA November 18, 1996 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 at7l.03 p.m.by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG Lrd by the Mayor's wife, Dolores. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 4, 1996 were unanimously approved PRESENTATION BY AYSO Mayor Harrison called forward Peter Wickman of AYSO who presented a certificate of appreciation to the City Council for its support of AYSO. Then Mayor Harrison introduced the ciry's new Director of Public Works, George J. Bagdon. The mayor also noted that Councilwoman Janney has been elected as the first female District Governor of the local area Rotary Clubs. REORGANIZATION OF CITY COUNCIL Mayor Harrison noted the City Manager had sent a suggested procedure for the council reorgani- zation and the mayor recommended the wording be changed to read "former mayor" instead of "old mayor. " He reviewed his year as Mayor, noting the highlight of the year was welcoming Council- woman Janney as a new council member; the year also included the start of the library reconstruc- tion project, combination of the Parks and Recreation Departments, new streetscape plans, the BART project plans, and selection of a new City Attorney and Director of Public Works. Mayor Harrison then nominated Vice Mayor O'Mahony as Mayor. Nominations were closed and Rosalie O'Mahony was unanimously selected as Mayor. They exchanged seats. Mayor O'Mahony expressed her hopes for the upcoming year, among them completion of library construction project, and of her desire for a bored tunnel for BART if it should come to our city. She presented the former mayor with a plaque recognizing his service the past year as Mayor. Mayor O'Mahony opened the floor to nominations for Vice Mayor. Councilwoman Knight nominated Councilman Spinelli. Mayor O'Mahony seconded the nomination and Mike Spinelli was selected Vice Mayor on 4-0-L vote, Councilman Harrison abstaining from the vote. 75 Vice Mayor Spinelli said it was a pleasure to be selected; he felt Burlingame was a unique city and he intended to work for everyone in the city; he described a recent action by the San Francisco Board of Supervisors and his fight against BART coming into the city. Mayor O'Mahony called for a recess at7:25 p.m. for a celebration in the lobby. The meeting reconvened at 8:00 p.m. with all council members present. PUBLIC HEARING - CONTINUED APPEAL FOR A TAKE-OUT FOOD SERVICE PERMIT AT 1118 BI.JRLINGAME AVENUE - DENIED City Planner reviewed her memo of October 16 which recommended council hold a public hearing and take action. The applicant, Smoothie King, is proposing to lease a1,378 SF retail area at 1118 Burlingame Avenue, in Subarea A, in order to open a retail nutrition store that also sells fruit drinks for take-out. The store will contain 506 SF of retail sales area, 605 SF of preparation and kitchen area for preparing drinks, 133 SF of office area and 134 SF for storage. There will be no tables and chairs inside the retail area. Take-out food service businesses require a special permit in Subarea A. Smoothie King proposes to be open 7 days a week from 8:00 a.m. to 8:00 p.m. They will have one full time employee and 3-5 part time employees. They expect 200 customers a day with an increase to 250 in five years. The maximum number of employees and customers on site at one time is expected to be 20-25. The building is currently going through seismic retrofit and is undergoing tenant improvements for Rosti's restaurant, also a take-out service food business. A permit has been granted to expand the existing restaurant which was originally in the basement and was moved to the first floor and extended into the patio area at the rear of the site. The Smoothie King business proposes to take over the site eurrently occupied by the Record Exchange. The Planning Commission denied this request on September 23, noting too many take-out businesses in the immediate area, as well as parking, litter and loitering problems on this block. A leffer received today from the property owner, l,ouisa Kao, was acknowledged, as well as a letter from Norman Book, attorney for the applicant. Mayor O'Mahony opened the public hearing. Norman Book, attorney representing the applicant, Smoothie King, referred to his letter dated November 12 which was included with the staff report; said he felt the applicants were responsible and creative and would respond to all council concerns; another concern was any delivery after 9:30 a.m. He said they would accept another condition that any delivery after 9:30 a.m. would be made from an entrance on California Drive, available to the property owner; discussed concern about condition 4 referring to the take-out permit being only for drinks, this condition would limit funrre users of the site to the same business as Smoothie King if they were to use the take-out permit. Chris Sabito, applicant's senior operating consultant, noted that the majority of the business is nutrition and vitamins, showed graphics of membership and vitamin of the month plans; showed changes to signage being considered but not yet approved by corporation to change emphasis to vitamins. Ivan Zweig, representing applicant, vouched for the strong nutrition training program for their employees. They responded to council questions regarding size of kitchen, number of other stores and number of failures; the "greeter" idea to police the patrons; concern about proximity of high school students and problem of loitering. Louisa Kao, property owner, has been in Burlingame for years; they are investing a lot on retrofit and remodel of the building, want to help her tenants be successful. Councilwoman Knight asked staff about the young people loitering and use of public telephone. Kao said a phone on which you could only make calls out would be best. Ralph Nilsen, Copenhagen Bakery, spoke in opposition, expressing concern about the concentration of such businesses in the area. The hearing was closed. November 18, 1996 76 Burlingame City Council Councilman Harrison said each project should be considered individually; he had no problem modifying the condition for no delivery after 9:30 a.m. as suggested; wanted to limit permit to this property; have enough conditions so we can revoke if a problem, even if drink sales are not incidental; Kao's letter should be included in conditions; he could support the applicant's appeal. Vice Mayor Spinelli said his concerns are the same as the commission's; the mix of retail sales and restaurants should be sacred; our restaurant limitation has served well for years; 45 percent of this business is smoothie drinks, that's a major part of business; providing a standing bar to keep patrons inside make this use more like a restaurant than a take-out service; giving away reusable cups to students will attract them and increase the existing loitering problem; 10 take-out businesses in one area is too much with a large restaurant next door with take-out already approved although not yet open; patrons at this business will use outside seating of other businesses; he would deny the appeal. Councilwoman Janney said this is clearly not a restaurant, it's a beverage service; she was familiar with students and this is not the type of business that would attract loitering; she felt reusable mugs would reduce litter; permit should run with proprietor; she felt each project should be considered on its own merit; she could approve the appeal; the market place would take care of whether there were too many smoothie outlets on the street. Councilwoman Knight expressed her concern about the standing bar for consuming drinks, seems more like a restaurant; if the store were retail vitamins would be fine but half the site is devoted to kitchen; she feared it would create more problems for this impacted area and the restaurant next door is not yet open with its added impacts; this looks like a food establishment; she would uphold the denial. Mayor O'Mahony said the area is a pathway for young people to congregate in; would be better on Howard where traffic could be accommodated; the project would create too much density for the immediate area; she would uphold the denial. Councilwoman Knight moved to uphold the denial of the Planning Commission. Seconded by Vice Mayor Spinelli and carried 3-2 ot roll call vote, Councilman Harrison and Councilwoman Janney voting no. City Attorney will prepare a resolution for this decision. PUBLIC HEARING - URGENCY ORDINANCE 1563 - EXTENSION OF MORATORIUM ON RELOCATION OF FOOD ESTABLISHMENTS IN SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA City Planner reviewed her memo of November 7 which recommended council hold a public hearing and take action. Affirmative action would take a four-fifths vote of all council members. A particular moratorium may be extended two times for a maximum of 22 months. This will be the first extension of Ordinance 1555 which was put into effect on October 7, 1996. In extending the moratorium, council should consider that it usually cancels its second meeting in December and that adoption of a new ordinance for take-out regulation would not go into effect until 30 days after adoption. She reviewed council and Planning Commission discussion at the joint study meeting of October 23. She suggested council extend the moratorium until March 17, it could expire earlier if council adopted new regulations. Mayor O'Mahony opened the public hearing. Victoria Miller of Redwood City, representing the Garden Cafe which has been on Burlingame Avenue for 40 years; their board members are concerned about the proliferation of restaurants and take-out foods; city should have good balance of business on the Avenue; parking is a problem; urged council to continue the moratorium. Francesca Tashjian from Alana's Cafe, 1408 Burlingame Avenue and representing other restauranteurs, stated customers complain too many restaurants on the Avenue, parking is so crazy that people do not try; don't want to see Avenue become a corporate mall; change in business composition evident in three years she has operated her business; wanted a fixed plan in place so merchants know what to expect Burlingame City Council 77 November 18, 1996 over time; don't allow existing food establishments to expand during moratorium; she supported extending moratorium. Gary Cohn suggested allowing take-out to make application since city can make the decision on a case by case basis now; moratorium should only apply to free standing take- out service food, not to food establishments that want to add take-out service; food establishment use should remain a right of the property owner, a big investment has been made in the site. Ron Karp congratulated the new officers and complimented the Chamber of Commerce on its new flyer; thought 45 days was long enough for the moratorium. Cheryl Enright, California Candy Company, also congratulated the new mayor and vice mayor; objected to the "attitude" of a moratorium, wants market place to prevail; concern about all the large corporations coming onto the Avenue. Keith Kutner, 11 East Carol, opposed extending the moratorium. Ralph Nilsen, Copenhagen Bakery, spoke in favor of extension and for a good business mix on the Avenue. The hearing closed. Councilman Harrison said he supported the 45 day moratorium but would not support continuing the moratorium on the take-out permit poftion of the ordinance; said council has the discretion now to consider the applicants case by case; concerned about definition of "incidental" use; we have started steam cleaning sidewalk, have garbage pickup on Sundays, this should alleviate problems. Vice Mayor Spinelli supported extending the moratorium as written until March 17, 1997. Councilwom- an Janney agreed with Harrison, would prefer to see the restaurant relocation section extended but not take-out; perhaps we could terminate take-out permits with the operator, require cleaning and litter controls. Councilwoman Knight would support extending the entire moratorium to protect the establishments that exist now; many take-out service food businesses are destinations like Noah's, there are too many on Burlingame Avenue; may be a market issue but not after an expensive kitchen is installed; cleaning and litter are not the only problem, parking is another problem; do not want Burlingame Avenue described as a food mall, need to protect retail mix. Councilman Harrison noted the city is lucky to have a parking problem, means we are successful. Mayor O'Mahony thought we still need to study this issue, need input from merchants and public, she would like to continue the entire moratorium in order to get sufficient input. Councilwoman Knight moved to continue the moratorium until March 17. Seconded by Vice Mayor Spinelli. Councilman Harrison asked the City Attorney how many votes such an extension would take. City Attorney said extending the moratorium would require a 415 vote of entire council. After more discussion, the motion failed on a 3-2 vote, Councilman Harrison and Councilwoman Janney voting no and the motion requiring at least a 4-1 vote to pass. Councilman Harrison then moved to delete part of the moratorium referring to take-out permits and extend the moratorium regarding moving of restaurants until March 17, L997. Seconded by Councilwoman Janney. The motion carried on a 4-1 vote, Mayor O'Mahony voting no. City Attorney reminded council that it can still study the take-out issue along with other restaurant questions. Council directed staff to get additional input from merchants and others before redrafting the regulations for both food establishments and take-out service food businesses. PUBLIC COMMENTS Francesca Tashjian of Alana's Cafe commented not happy with decision to discontinue moratorium on take-out food permits; city is growing too rapidly; ambience of the Avenue has changed. Marlene Juscen-Long, 1332 Vancouver, read a letter into the record regarding her objections to a house being remodeled at 1328 Vancouver; it is too large and creates a solid wall next to her November 18, 1996 Burlingame City Council78 property and has an unattractive metal chimney; city should have design review to stop this type of development. Teresa Carlos, Alana's Cafe and resident at 115 Arundel, expressed concern about changes she has seen on the Avenue in the five years she's lived in Burlingame; impact of take-out food service and more corporate stores have had the effect of the Avenue not being a nice place at night and not the safe place it was. APPOINTMENT OF CITY ATTORNEY AND DIRECTOR OF PUBLIC WORKS City Manager reviewed his memo of November 7 which informed council that we have received acceptance of the employment offers made to our new city attorney and public works director. The new city attorney is Larry E. Anderson who will start work in January. The new public works director is George Bagdon who will begin work in December. EXPIRATION OF LEASE FOR 'WELCOME TO BURLINGAME' SIGN ON HIGHWAY IO1 City Attorney reviewed his memo of November 12 which informed council the twenty year lease for the "Welcome to Burlingame" sign expires at the end of L996. The property is owned by Howard Hickey whose attorney has been corresponding with the city concerning renewal of the lease. The current lease is for a nominal rent and the owner is asking for a very substantial increase in rent. This lease will be discussed in closed session but council might want to listen to comments regarding community interest in maintaining the sign. Mayor O'Mahony asked if there were any public comments regarding this issue. Georgette Naylor, Chamber of Commerce, said the Chamber recornmended the freeway sign remain. CONSENT CALENDAR Councilwoman Knight asked for removal of item "b. " a.RESOLUTION 90-96 AIVIENDING CITY,S CONFLICT OF INTERESTS CODE City Attorney's memo of November L recommended council adopt this resolution amending the conflict of interests code. In 1980 we adopted this code in response to state require- ments. From time to time we have amended the list of employees required to file annual statements because of changes in employee job descriptions. With the combination of the Park and Recreation Departments and a change in the Finance Department, we need to make revisions again. b. Removed. c RESOLUTION 91-96 AUTHORIZING RELEASE OF AGREEMENT CONCERNING CREEK IMPROVEMENTS AT 748 WALNUT City Attorney's memo of November 12 recommended council approve the resolution releasing an agreement made with the contractor who was making improvements in the creek area for a home being built at 748 Walnut. This agreement was recorded with the county Burlingame City Council 79 November 18, 1996 d. e. and puts a cloud on the record. Since all work was completed the agreement should be released. DENIAL OF CLAIMS: (1) ALICE LUNDRY: (2) ARTHUR WIDTFELDT City Attorney's memos of November 5 and November 6 respectively, recommended council deny these claims for a (1) sidewalk fall and (2) for vehicle damage from a tree branch. CANCELLATION OF NOVEMBER 20 STUDY MEETING f City Manager's memo of November 6 recommended council cancel the November 20 study meeting. INTRODUCTION OF ORDINANCE 1564 PROHIBITING PARKING ON A PORTION OF AIRPORT.BOULEVARD DURING CERTAIN HOURS Public Works memo of November 13 recommended council introduce this ordinance and schedule a public hearing on December 2. This ordinance would prohibit parking on Airport Boulevard from Beach Road to Fisherman's Park between 10:00 p.m. and 6:00 a.m. s. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 46636 - 47056, duly audited, in the amount of $2,289,977.08 and Payroll Checks 90303 - 91033 for the month of October 1996 in the amount of $1,268,355.11. Councilman Harrison moved approval of the Consent Calendar. Seconded by Vice Mayor Spinelli and carried unanimously. REMOVED CONSENT CALENDAR ITEM Regarding item "b," Councilwoman Knight said she would like the resolution for 107-l2L El Camino to reflect that she voted in opposition to this project at the last meeting. RESOLUTION 92-96 APPROVING CONDOMINIUM PERMIT. NEGATIVE DECLARA- TION. SUBDIVISION MAP AND PARCEL MAP FOR 107-121 EL CAMINO REAL City Attorney's memo of November 7 recommended council adopt this resolution formalizing the decision made at the November 4 meeting. The resolution will reflect the 4-1 vote made on the project at the last meeting. Councilman Harrison moved approval of Consent Calendar item "b. " Seconded by Vice Mayor Spinelli and carried 4-1 on a voice vote, Councilwoman Knight voting no. COUNCIL COMMITTEE REPORTS Councilman Harrison attended the Red Roof Inn's grand opening event. Councilwoman Knight had attended the Airport Roundtable in Vice Mayor Spinelli's absence. Mayor O'Mahony attended CCAG and participated in a leadership conference in San Mateo. b November 18, 1996 80 Burlingame City Council NEW BUSINESS Councilman Harrison would like the Streetscape Finance Committee to only deal with finance. As Ron Karp had done earlier, he also complimented the Chamber on the new flyer. Vice Mayor Spinelli asked if the tables on the sidewalk at the Brother's Deli had a permit. Staff stated an encroachment permit has been issued. He also discussed additional signage. Staff noted they are pursuing code enforcement on the illegal signs. a. Commission Minutes: Planning, November 12, 1996. b. Departrnent Reports: Building, October 1996; Treasurer, October 31, 1996. c. ktter from Cherie Geiman regarding lack of street sweeping on Winchester Court. Staff responded to council questions; very small narrow street, difficulty of negotiating the street sweeper in that street; might post with sweeping times. CLOSED SESSION At 9:45 p.m. Mayor O'Mahony adjourned the meeting to a closed session regarding (1) labor negotiations with Public Service Employees (BPSEA); (2) possible property acquisition,1490 Burlingame Avenue; and (3) anticipated litigation, the "Welcome to Burlingame" sign. RECONVENE OPEN SESSION The meeting reconvened at 10:45 p.m. and Mayor O'Mahony announced the city attorney had been given direction to prepare a notice of intention for property acquisition at 1490 Burlingame Avenue and to obtain an appraisal. He also was given direction on the Welcome sign on Highway 101. ADJOURNMENT IN MEMORY OF ELEANOR OTTO Mayor O'Mahony noted with sadness the recent death of Eleanor Otto the meeting was adjourned in her memory at 10:46 p.m. After a moment of silence, Judith A. Malfatti City Clerk Burlingame City Council B1 November 18, 1996