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HomeMy WebLinkAboutMin - CC - 1997.07.07BURLINGAME, CALIFORNIA July 7,1997 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 O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Ross Bruce, Broadway businessman. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of June 16, 1997 were approved (Councilwoman Janney abstaining because she was absent) after a change by Councilwoman Knight on page 5 to add under the Doubletree parking discussion "the Doubletree manager stated the hotel is no longer advertising the parking for flights" and on page 7 'BART said it would not do any construction until fall. " On page 6, Mayor O'Mahony corrected the spelling of a name. PUBLIC HEARING - APPLICATION FOR AMUSEMENT PERMIT FOR NEW OWNERS OF CARIBBEAN GARDENS. 1306 BAYSHORE HIGHWAY The City Attorney reviewed his memo of July 1 which recommended council hold a public hearing and take action to approve the amusement permit for Julio and Sebrina Morales as new owners of Caribbean Gardens subject to standard conditions. This business was first approved for nightclub entertainment in 1992. In the past year there were 6 requests for assistance, most connected to problems in the parking lot. The new owners intend to place a security person in the parking lot. Mayor O'Mahony opened the public hearing. Julio Morales was present and explained that he has rnet with neighboring businesses to address any problems they might have had with previous business; occasional problems in parking lot might be caused by patrons of the theater, the Sizzler Restaurant or the Hyatt Hotel, he planned to have a security person in parking lot; he was aware of the conditions and approved of them. The hearing was closed. Councilman Harrison moved to approve the amusement permit for one year with conditions recom- mended in staff report. Seconded by Councilwoman Janney and carried unanimously by roll call vote. t gr PUBLIC HEARING - APPLICATION FOR AMUSEMENT PERMIT FOR ONE-DAY EVENT AT THE HYATT HOTEL. 1333 BAYSHORE HIGHWAY The City Attorney reviewed his memo of July 1 which recommended council hold a public hearing and take action to approve this permit for a one-day dance and musical event at the Hyatt Hotel on July 18 subject to standard conditions. Bijan Elie, a resident of Burlingame, is promoting the tour of a Spanish Arabic music group which sings and plays music for dancing. Elie has worked closely with the Hyatt to provide a safe and successful event on July 18. They expect about 1300 people to attend and admission of $30 per person will be charged. The police department has met with Elie and Hyatt staff and recommend approval subject to conditions which include security and alcohol restrictions. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilman Harrison moved approval of the permit with conditions listed in staff report. Seconded by Councilwoman Janney and carried unanimously by voice vote. PUBLIC HEARING - AMUSEMENT PERMITS - ADDITION OF CONDITION REGARDING LAST CALL FOR SERVICE OF ALCOHOL City Attorney reviewed his memo of July 1 which recommended council consider whether to add a standard condition to amusement permits that the last call for service of alcohol will be no later than 1:20 a.m. In considering the renewal of amusement permits for the coming 12 months, council asked to prepare a possible standard condition for last call to be no later than 1:20 a.m. Such a condition has been added to the amusement permit for Tavern Grill, 1448 Burlingame Avenue, Moon McShane's , 269 Primrose and The Alibi, 220 Lorton. Staff sent a letter to each of the holders of the renewed amusement permits notifying them of the proposed additional condition. Only one permit holder, the Hyatt Hotel, responded noting that their amusement permit is for low key piano music and singers; that State law cuts off alcohol service atl a.m.; and that very often there are very few people left in the Hyatt entertainment areas after midnight. If last call occurred at 1:20 a.m., the bar would effectively close half an hour before State law required it to; therefore, the Hyatt asked that the condition not apply to its type of amusement permit operation. He responded to council questions noting the ABC is stressing training for alcoholic beverage servers. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved approval of adding this condition to all the amusement permit holders excepting the Hyatt and Crowne Plaza hotels, and Max's Opera Cafe. Seconded by Vice Mayor Spinelli and carried unanimously by voice vote. PUBLIC COMMENTS Robert McMonigle, owner of The Cakery, 1308 Burlingame Avenue, requested council consider a way to allow his business to have a couple tables and chairs inside the bakery. Kathy Petto, 1160 Vancouver, related problems she is having with a neighbor's two barking dogs; she presented a letter and photographs, letters from neighbors and copies of police reports regarding same; she is at the point of wanting to move away because of this continuing problem but would be difficult to sell her home with disclosure required; seeking relief through the courts; many neighbors Iuly 7, 1997 t g2 Burlingame City Council are annoyed by constant barking ofthese dogs; dogs have escaped from yard and attacked neighbor; concerned about danger to children when Roosevelt School reopens this fall; she hoped council could be of some assistance in this matter. Will McGowan,3T Lorton, spoke in favor of allowing alcoholic beverage service at the tables on sidewalks. Steve Doukas, 101 San Felipe, Millbrae, spoke in favor of allowing alcoholic beverage service; La Pinata restaurant is his favorite, this service improves ambiance and helps the economy; concerned about possible "selective enforcement" of this law. Tina Armstrong, 1229 Bwlingame Avenue and local businesswoman, spoke in favor of allowing such service; this attracts people to restaurants and other stores; she has not observed any rowdy behavior; adds to charm of city; would like to see city allow under certain circumstances. City Attorney responded to council questions; the State law forbids serving alcohol off the premises without a special permit from ABC; we also have a city law forbidding alcohol on public sidewalks; the city would have to change its law and after that a business would have to apply for an ABC special permit. Vice Mayor Spinelli reviewed his memo of July 3 which included background material regarding Internet access, including a list of sites visited on two days; don't want to restrict access for adults but there are ways to control access for children; would like to see council and Library Board meet to discuss this issue. Councilman Harrison said he noted 5 instances of "adult site" uses, but was even more disturbed that there were 14 pages of "chat room" use, this is tying up a computer for half an hour while someone else waits to do legitimate research; discussed with City Attorney the State laws regarding libraries; the Library Board sets library policy, council has no authority to tell the library what to do and even though we appoint, we have no power to remove them, however we can determine whether to fund buildings, equipment and books; he suggested the Library Board consider each council member's concerns. Councilwoman Knight commented on the article Vice Mayor Spinelli sent by David Burt "In Defense of Filtering" and she hoped Library Board received copies; library does not stock "Hustler" or "Playboy" so why not be selective with what children see on the Internet. Councilwoman Janney said she did not believe in censoring and supported the library's current policy but noted the Board should remember council has financial power and also has appointive power over the Board. Mayor O'Mahony thanked Vice Mayor Spinelli for the report and she recommended the Board discuss this issue and seriously consider what we present to our children. CIVIL SERVICE COMMISSION APPOINTMENT The City Manager's memo of July 1 noted that as of the June 30 deadline only one application has been received for the vacancy on the Civil Service Commission. Mike Ellis is currently a Planning Commissioner. If council appoints him, it may call for applications for the vacancy on the Planning Commission caused by the vacated seat. The filing deadline would be August 11. Councilman Harrison said he and Councilwoman Janney are the interview committee and they agree that Mike Ellis would be an excellent Civil Service Commissioner but he was concerned about the Planning Commission being short one member during the application process. He moved that Ellis be appointed effective September 2, 1997 and meanwhile applicants be sought for the Planning Commis- sion. Councilwoman Janney seconded the motion which carried unanimously. Burlingame City Council tt3 J:uly 7, 1997 MEMO FROM VICE MAYOR SPINELLI REGARDING INTERNET USE AT THE LIBRARY a. PROPOSAL FOR A BICYCLE ADVISORY COMMITTEE City Manager reviewed his memo of June 30 which recommended council consider this proposal. Resident Phillip Armstrong has requested that council establish such a Bicycle Advisory Committee. He noted Armstrong was appointed to the CCAG bicycle advisory committee in May. Public Works Director commented on the Palo Alto bike advisory committee and staff support for that committee. Phillip Armstrong, 214 Arundel, presented a booklet entitled"Progress Through Preservation" and noted his appointment to the CCAG bike committee is not yet official; he described the type of assistance such a committee could give to the city; talked about TDA funding of bike lanes and paths Council members discussed with Armstrong their hope that he would develop a bicycle committee that could act in an advisory capacity for the Traffic Commission; this group would not have to meet regularly and not need city staff support; hoped he could attend TSPC meetings and perhaps be appointed to that commission; told of how council recognized the Arts and Culture Committee by adopting a resolution, though this committee has no official city affiliation; council hoped the bicycle group could be used as a resource to the city. CONSENT CALENDAR RESOLUTION 50-97 CALLING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 4. 1997 AND REOUESTING CERTAIN SERVICES FROM COUNTY CLERK City Clerk's memo of July 1 recommended council adopt a resolution calling an election authorizing certain election services from the San Mateo County Clerk's Office, limiting candidate statements to 200 words each and requiring the candidate to pay for the cost of printing the candidate statement. Funds are budgeted and are not expected to exceed $16,000. RESOLUTION 51-97 AWARDING CONTRACT FOR COWAN ROAD AND MARSTEN ROAD DRAINAGE PUMP STATION UPGRADES - CP 9618 Public Works memo of July 1 recommended council authorize a contract for the subject work with Casey Construction in the amount of $290,413. RESOLUTION 52-97 RECOMMENDING THE SAN MATEO COUNTY FLOOD CON- TROL DISTRICT IMPOSE CHARGES FOR FUNDING COUNTY WIDE THE NPDES STORM WATER PROGRAM Public Works memo of July 2 recommended council endorse the Year 5 General Program Budget as adopted by CCAG and use the San Mateo County Flood Control District as the funding mechanism to support the General Program activities. The EPA's 1987 Clean Water Act imposed regulations that mandate local government to control and reduce storm water pollution runoff. Under CCAG direction the 1993-1998 Storm Water Management Plan was submitted to the RWQCB and accepted. This plan imposes a parcel fee of $0.3127 per 1,000 SF and a single base rate for residential parcels of $3.44 each. These fees will cover Burlingame's portion of the County wide program. Since there is not an increase in the rate the action is not affected by Proposition 218. b c July 7, 1997 tt4 Burlingame City Council e RESOLUTION 53-97 AUTHORIZING CITY PARTICIPATION IN THE JPA FOR SAN MATEO COUNTY TELECOMMUNICATIONS AUTHORITY (SAMCAT) City Manager's memo of July 1 recommended council adopt a resolution authorizing city participation in a joint powers authority which deals with cable television and other telecom- munications issues in the county. Currently eleven cities and the county participate in this JPA. Since TCI has acquired the city's cable system and the SAMCAT agencies have had a great deal of experience working with TCI, he recommended the city participate in this authority. The city's representative on the board of directors would be the city manager or the personnel manager. The city's share of costs would be $2,435. RESOLUTION 54-97 AUTHORIZING JPA AGREEMENT WITH SAN MATEO COUNTY FOR ANIMAL CONTROL SERVICES City Attorney's memo of July 1 recommended council approve a new three-year agreement with the county to continue to provide animal control services through the Peninsula Humane Society. For 1997-98, $60,000 has been budgeted for this contract. f. CANCELLATION OF JULY 23 STUDY MEETING City Manager's memo of June 30 recommended council cancel this meeting because one council member will be absent and there are no study items. DETERMINATION ON BURLINGAME SCHOOL DISTRICT USE OF THE PROPERTY AT 1825 TROUSDALE DRIVE AS DISTRICT OFFICE SPACE City Planner's memo of July 2 recommended council acknowledge the Burlingame Elementary School District's purchase and approve the Planning Commission's report finding that the purchase and use of the property at 1825 Trousdale Drive as school district offices was consistent with the city's general plan and zoning regulations. h.APPROVAL OF PLANS FOR THE BROADWAY FUNFEST ON SATURDAY AND SUNDAY. AUGUST 2 & 3. 19q7 City Manager's memo of July 2 recommended council approve the Broadway Merchant's plans for their annual street fair subject to review of security and traffic concerns. Councilman Harrison moved approval of the consent calendar and carried unanimously. Seconded by Councilwoman Janney COUNCIL COMMITTEE REPORTS Councilwoman Knight reported on the Council of Cities meeting; also its legislative committee and she addressed the letter from Colma regarding AB 158. Councilwoman Janney attended a CMAC meeting. Councilman Harrison reported on the Convention Bureau. Mayor O'Mahony attended the Burlingame Together retreat in Marshall; attended the graduation of the Leadership training; went to Burlingame Night at the Giants; told about the County Finance Committee meeting. ('b Burlingame City Council I gs Jtly 7, L997 d. NEW BUSINESS Councilman Harrison directed staff to prepare legislation for Planning Commission review to allow an apartment unit with a kitchen in hotels for use of the manager or owner of the hotel. Councilman Harrison noted Proposition 208 limits funding for campaigns but allows city councils the power to increase campaign funds by adopting an "expenditure limit" of $1 or less per resident of the city. He directed staff to prepare to implement such legislation. City Attorney explained the procedure, it is a voluntary expenditure limit that candidates can sign into and thereby increase their contribution limits from $100 per person to $250 per person; there are currently about 28,000 residents, therefore campaigns could not exceed $28,000 in expenditures; might make this an urgency ordinance to take immediate effect at the next meeting. Councilwoman Knight commented on expenses of a recent election; she would be willing to consider such a new ordinance. Mayor O'Mahony commented on the letter about "over development" from residents on Floribunda; she would like to see a report on density of areas between El Camino, California, Oak Grove, Ansel and Almer Roads. Councilwoman Knight commented on a Park and Recreation commissioner's absences listed in tthe attendance report. Mayor O'Mahony said she wrote letters at the end of last year regarding such absences; attendance is based on a calendar year, so this should be considered at the end of this year. ACKNOWLEDGMENTS a Commission Minutes: Library Board, March 18 and April 15; Traffic, Safety and Parking, June 12; Park & Recreation, June 19; Beautification, June 5; Civil Service, June 16; Planning, June23; Senior, June 19, 1997. b. Letter from Colma Heritage and Preservation Society regarding AB 158. Irtter from Senator Lockyer regarding AB l2l4,land owned by hospitals. Letter from City of Monrovia regarding AB 1151, daytime curfews, and request for a donation for defense of a lawsuit regarding same. Letter from three condo residents on Floribunda objecting to over-development of the area. Letters from Daly City and Portola Valley and two letters from Foster City regarding the Airport Community Roundtable MOU amendment and the airport noise variance. ktters from Todd Becker and from Jack Pacheco regarding BART ktter from John Ward thanking fire department and ambulance service for assistance during an emergency. Letter from United Airlines Services thanking city for street repairs on Adrian Road and David Road. Iuly 7, L997 186 Burlingame City Council c. d. e. f. (}6' h. i. j. Letter from Sarah O'Connor with a petition signed by residents objecting to Sunday games at Ray Park. Councilwoman Knight said she would like a copy of staff's response to O'Connor. k. Letters from R.R. Miller and Maureen Nerli objecting to increase in water and sewer rates. l. Letter from Mr and Mrs Osborn regarding the proposed dog park on Skyline. m. Letter from Irene Poimiroo urging beautification of Broadway, the entrance to the city. n. Department Report: Treasurer, June 30, 1997. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 8:58 p.m. r' Judith A. City Clerk Burlingame Ciry Council 187 Jnly 7, 1997