HomeMy WebLinkAboutMin - CC - 1997.10.06BIJRLINGAME, CALIFORNIA
October 6,1997
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 atl:00 p.m.by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by George Bagdon, Director of Public Works.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, SPINELLI
JANNEY
MINUTES
The minutes of the Regular Meeting of September L5, 1997 were approved after a change by
Councilwoman Knight on page 6 regarding the appointment of Councilwoman Janney to the
Convention Bureau she reversed the order of two words; and an addition by Councilman Harrison on
the same subject, he said "it would take three votes to make any change. "
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON REOUEST FOR
VARIANCES FROM DECLINING HEIGHT ENVELOPE. SIDE SETBACK. HEIGHT AND
PARKING FOR A SECOND STORY ADDITION AT 2104 HALE DRIVE - CONTINUED TO
ocToBER 20. 1997
The Mayor explained to the audience that council had received a request today for postponement until
October 20 because a council member would be absent tonight and the applicant preferred a full
council for his hearing. Council concurred and set the hearing for October 20, L997.
PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON CLASSIFICA-
TION OF USE AT 1475 BURLINGAME AVENUE
The City Planner reviewed her memo of September 26 which recommended council hold a public
hearing and take action. The applicant, Scott Lenhart of Farallon Portfolios, is appealing the planning
commission's determination that an investment advisor business is a "financial institution" and
therefore is required to get a conditional use permit to be located in office areas above the first floor
at 1475 Burlingame Avenue. This came to staff's attention when the applicant called about installing
signage. He describes his business as a consulting business with one employee, an office of
approximately 270 SF with a privately owned parking lot, as well as having only occasional visitors.
He feels his business is similar to an attorney, business consultant or art appraiser, rather than a
financial institution. Based on the city code description of "financial institution, " the city planner and
commission agreed his business fits that description and must be considered a financial institution.
Council can take action to require the applicant to comply with code and request a conditional use
223
permit or council can delay any action for a stated period while the city considers clarifying the
wording of the code. If council wishes to reconsider the wording of "financial institution" it should
refer the matter back to the planning commission with direction. The commission is currently
considering the L997 Zoning Code Update and could include this change which would expedite
action. The update should be before council no later than Spring 1998, so a delay until June 1998 for
this applicant should cover any contingency. She responded to council questions about the rationale
for establishing the "financial institution" rule.
Mayor O'Mahony opened the public hearing. Scott Lenhart explained his business and noted the city
code description of financial institution was changed because of concerns about long-term parking
problems. He was a one-person office and expected few if any visitors. The hearing was closed.
Councilman Harrison attended the commission meeting where this was considered and thought the
Planning Commissioners wanted to address Lenhart's problem; he directed the commission to
evaluate the code requirements and make recommendations to council; he then moved to delay any
action on this code enforcement until June 1998 pending Planning Commission and council action on
possible code amendment. Seconded by Vice Mayor Spinelli and carried unanimously 4-0-1 by voice
vote, Councilwoman Janney absent.
City Manager reviewed his memo of September 18 which recommended council consider whether to
grant a permit to keep four dogs at7 La Mesa Court. City code allows a maximum of two dogs at a
residence. Coleman and Roberta Lee have four dogs. The code violation was referred to the city by
the Humane Society. A check of police records show no "barking dogs" complaints in this area. In
order to request a permit to keep more than the allowed number of dogs, the resident must present a
petition signed by the majority of adult neighbors within four hundred feet of the boundary lines of
the premises of the applicant. They state when these dogs die, they will not replace some of them and
in the future they will keep no more than two dogs. The petition signed by a majority of neighbors
and a letter from the Lee's was attached to the city manager's memo.
Mayor O'Mahony opened the public hearing. Coleman and Robertal*e were present and asked if a
neighbor had complained about the dogs. City Manager noted the matter was reported to the city by
the Humane Society. The Lee's said they have lived there for many years and had the same
neighbors all that time and now their long-time neighbors are not speaking to them because they asked
them if they had complained to the city about the dogs. It was a very difficult situation and has
caused a lot of stress; this is a law they were not aware of all these years. The hearing was closed.
Councilman Harrison moved to grant this permit. Seconded by Councilwoman Knight and carried
unanimously 4-0-1 by voice vote, Councilwoman Janney absent..
PUBLIC HEARING - ADOPTION OF ORDINANCE 1579 TO ALLOW ALCOHOL TO BE
SERVED ON A PUBLIC SIDEWALK AT A BONA FIDE PUBLIC EATING PLACE AND
APPROVING STANDARD CONDITIONS FOR ENCROACHMENT PERMIT IN CONNECTION
WITH SUCH ALCOHOL SERVICE
City Attorney reviewed his memo of September 30 which recommended council adopt the ordinance
and approve the standard conditions to be imposed on encroachment permits allowing service of
October 6, L997 2Ll Burlingame City Council
PUBLIC HEARING - REOUEST FOR PERMIT TO KEEP FOUR DOGS AT 7 LA MESA COURT
alcoholic beverages. On September 4 council reviewed proposed conditions for such a permit and
responses from restaurants regarding the conditions. The city received 17 responses from 74
questionnaires mailed out. Staff had redrafted the conditions which were attached to the memo. In
addition to the city encroachment permit, the restaurant would have to get a permit from the State
ABC. Councilwoman Knight said she felt it was important to add a condition that "the business shall
refuse service to customers or call the police if unruly or inappropriate behavior is displayed. "
Mayor O'Mahony opened the public hearing. There were no cofirments and the hearing was closed.
Councilman Harrison complimented staff and the restaurants for working together on this issue. He
moved to adopt ORDINANCE 1579. Seconded by Vice Mayor Spinelli and carried unanimously 4-0-
1 by voice vote, Councilwoman Janney absent. Councilman Harrison then moved to adopt the
conditions for the Encroachment Permits for alcoholic beverage service, including the addition by
Councilwoman Knight. Seconded by Vice Mayor Spinelli and carried unanimously 4-0-1, Council-
woman Janney absent.
PUBLIC COMMENTS
Gail De Sanits, a representative of Starbucks Coffee, reviewed the improvements made in the past to
alleviate customer congestion and other problems, and their progress in implementing the proposed
changes to further improve community relations.
Karen Bunje, owner of Meyer/Bunje on Lorton, said it was a pleasure to walk past Starbucks tonight,
it was not too crowded but then it was also very cold weather. The issue she wanted to speak about
was skateboarders on sidewalks in the business area. A friend of hers was almost run down by two
groups of skateboarders; when told they should be off the sidewalks they were very rude and
intimidating to this person.
Louis Brownstone, a student who lives at 466 Pear Drive, San Mateo, was there with a group of
fellow students; he spoke about sidewalk congestion on Burlingame Avenue noting just a few people
cause a problem at Starbucks; he said Burlingame is "the place to be" and "where it's happening" and
most students are just talking and visiting.
Tina Armstrong, owner of Papyrus on Burlingame Avenue, said she is a patron of Starbucks and
agreed there are some problem people there, but there are also a lot of other people who cause no
problems; she thought with the restaurant tables and chairs on sidewalks coming back on the Avenue,
the increased adult presence will help to quell these problems.
Will McGowan,3'7 Lorton, congratulated the city on the wonderful new Library; told about a purse
snatching incident and how the police apprehended the perpetrators; talked about the problems at
Starbucks and was glad to hear about the improvements to be made.
Janet Martin, owner of Studio Shop on Burlingame Avenue, talked about the groups of young adults
at Starbucks and thought the adult and family presence will increase on the Avenue with the tables and
chairs at restaurants being brought back and that their presence would decrease the other problems.
Burlingame Ciry Council r.rt October 6, 1997
DISCUSSION AND PROPOSED ACTION PROGRAM TO CONTROL NUISANCE ISSUES AT
STARBUCKS COFFEE. 1160 BURLINGAME AVENUE
City Planner reviewed her memo of September 25 which presented an action program developed by
staff to address the issues observed on the sidewalk in front of Starbucks Coffee at the corner of
Burlingame Avenue and Lorton. Staff met with representatives from Starbucks to discuss the problem
of customers congregating in front of the store and hassling pedestrians, sidewalk tables and chairs
"migrating" away from the two foot strip next to the building where they are to be kept, and general
sidewalk cleanliness and litter control. Starbucks has been working cooperatively with the city to
address these problems; they have been power washing the sidewalks twice a week, they employ a
private security guard; they do not place any tables and chairs on Burlingame Avenue side of the
building; they call the police before situations escalate beyond control. Staff and Starbucks agreed to
take further steps to control problems and will meet and review progress again on October 20. If
necessary, further steps can be taken at that time if progress has not been made.
Council members were impressed with the effort by Starbucks. Councilman Harrison moved to
approve the proposed action plan for Starbucks. Seconded and carried unanimously by voice vote,
Councilwoman Janney absent. Councilwoman Knight was also very concerned about the skateboard
incident; she had also heard positive comments about the increased police presence on the Avenue.
Councilman Harrison suggested the students present tonight get the word out to others. The mayor
was really more concerned with litter and cleanliness, if an area is clean people tend to behave in a
more appropriate manner; she also wanted to take the streetscape plans into consideration when
talking about moving the newsracks.
REVIEW AMUSEMENT PERMIT FOR 'THE ALIBI BAR' AT 220 LORTON
City Attorney reviewed his memo of September 26 which recommended council approve renewal of
the permit for 8 months subject to conditions. Council granted a new amusement permit for an
occasional disc jockey or live musician. Police report no unusual problems at this business and
recommend renewal. The permit will be reviewed again in June at the annual review of all permits.
Vice Mayor Spinelli said he dropped into this business a couple weeks ago and was very impressed.
Councilman Harrison moved to renew the permit as recommend until June 1998. Seconded by Vice
Mayor Spinelli and carried unanimously 4-0-1, Councilwoman Janney absent.
ENCROACHMENT PERMIT REQUEST FOR A SIX FOOT TALL WOODEN FIGURE IN
FRONT OF 1103 BURLINGAME AVENUE
Public Works Director reviewed the memo of September 29 which recommended council deny this
request to install a wooden figure in front of 1103 Burlingame Avenue. The applicant, The Studio
Shop, is requesting to install a six-foot tall wooden figure fronting their shop. The figure is holding a
blackboard and staff informed them that any writing on the blackboard would require a sign exception
permit. The applicant stated there would be no writing on the blackboard. Staff also felt the six inch
high platforrn on which the figure stands would be a tripping hazard. If allowed this could set a
precedent and result in greater visual blockage of businesses. Council members asked about other
figures and items on sidewalks, such as at the Indian at the Smoke Shop.
October 6, L997 &L(Burlingame City Council
Janet Martin, applicant, explained that they are attempting to entice customers to their area of
Burlingame Avenue since most of the foot traffic stops at Hatch Lane west of their shop. The wooden
figure is a copy of a caricature from a Vanity Fair magazine cover; they offered options of placing it
on the sidewalk in front of the store or by the planter box area on the other side of the sidewalk; they
did not plan to use the "blackboard" area as a sign, at first they thought they would put "open" on it
but if council directs, they could even remove that part of the figure; plan to put the figure out in the
morning and remove it at night; it is just in the planning stage, they could reduce the size of the base
if so directed; they are just trying to create more business. Carl Martin also address the council;
discussed reducing the large size of the base. Council appreciated the Martin's coming to council to
ask about it. Staff noted if council is inclined to approve the request, they could work with the
Martin's to make the figure acceptable and appropriate for the sidewalk; would also need to review
sign code. Director of Public Works and City Attorney will work with the applicants to make
something acceptable and bring back to council for consideration.
INTRODUCE ORDINANCE 1580 ESTABLISHING A NO-PARKING ZONE ON THE SOUTH
SIDE OF BROADWAY BETWEEN CHULA VISTA AVENUE AND CALIFORNIA DRIVE
City Attorney reviewed his memo of September 25 which recommended council introduce this
ordinance to establish the no-parking zone adjacent to the Wells Fargo Bank on Broadway as directed
by council at the September 15 meeting. If approved, meters would be removed and pavement
markings and signage would be added as part of the sidewalk improvements for this block. The
ordinance also corrects conflicting information in the code with respect to parking on Broadway
between Rollins and the train track. The correction clearly establishes a no-parking zone for this part
of Broadway. As a result two existing small areas accorlmodating approximately four cars will be
eliminated on the north side of the street adjacent to the Arco Gas Station. Vice Mayor Spinelli
mentioned another problem area, the parallel parking on Carmelita which is posted no-parking and
which the auto repair shop uses.
The mayor directed the clerk to read the title of the Ordinance. Councilman Harrison moved to waive
further reading of the ordinance. Seconded by Vice Mayor Spinelli and carried unanimously.
Councilman Harrison then moved to introduce ORDINANCE 1580. Seconded by Vice Mayor
Spinelli and carried unanimously.
APPOINTMENT OF ONE YOUTH ADVISORY MEMBER TO THE PARK & RECREATION
COMMISSION - POSTPONED
City Manager noted the Mayor had caught the fact that this young man was a resident of the
unincorporated area of Burlingame, not an official city resident and therefore not qualified to serve as
a commission member. The matter was referred back to staff until we find a qualified applicant.
ADDITION OF BASEBALL/SOFTBALL FIELD LIGHTS TO THE BAYSIDE PARK SOCCER
FIELD LIGHTING PROJECT
Parks & Recreation Director reviewed his memo of October 1 which recommended council authorize
hiring consultants at a cost not to exceed $15,000 to advise on design and costs to light the south
baseball/softball diamond and the soccer practice field at Bayside Park. In July council approved a
project to install field lights at the soccer field located at Bayside Park. Recently the Burlingame
Youth Baseball Association requested council include the baseball diamonds in this lighting project.
Burlingame City Council ,67 October 6, 1997
a
Council asked about irrigation and drainage problems at that park and about need to trim the trees.
Council approved the concept.
CONSENT CALENDAR
Vice Mayor Spinelli removed item "e" regarding an encroachment permit. Mayor O'Mahony
mentioned two very large payments listed under "Warrants and Payroll" which were associated with
the high school swimming pool and the library.
RESOLUTION 78-97 AUTHORIZING BUDGET FOR WATER CONSERVATION LOAN
REPAYMENTS
Finance Director's memo of September 30 recommended council approve a resolution
increasing the Water Operations budget by $63,000 to make the required principal and interest
payments for 1997-98. In 1993 council authorized application for a loan under the terms of
the State Water Conservation Bond Law Act of 1988. These funds were used to construct the
Washington Park well. Construction is substantially complete and the State has invoiced the
city for the first payment. This loan payment has been factored into the 1997-98 water rates.
b.RESOLUTION 79-97 AUTHORIZING CITY MANAGER TO SIGN PROGRAM SUPPLE-
MENT NO.O12 FOR FUNDING AIRPORT BOULEVARD RECONSTRUCTION - CP 9411
Public Works memo of September 26 recommended council approve a resolution authorizing
the city manager to sign Program Supplement No. 012 for funding the Airport Boulevard
Reconstruction Project. In 1994 council authorized application for ISTEA funding. Funding
has been approved in the amount of $470,000 plus a city match of $60,895.
c.AMENDMENT TO MEMORANDUM OF UNDERSTANDING WITH IAFF LOCAL 1872
TO ESTABLISH THE POSITION OF DEPUTY FIRE MARSHAL
Fire Chief's memo of September 26 recommended council approve an amendment to the MOU
with the Fire Fighters Local 1872 to establish the position of Deputy Fire Marshal. By
establishing this position staff will be better able to maintain and improve our service level.
The new position will replace the rotational captain and receive the same compensation.
SCHEDULE A SPECIAL MEETING ON NOVEMBER 25. 1997 TO SEAT NEWLY
ELECTED OFFICIALS AND SELECT A MAYOR AND VICE MAYOR: CANCEL THE
OCTOBER 22 AND NOVEMBER 19. 1997 STUDY MEETINGS
City Manager's memo of September 29 recommended council schedule a special meeting on
November 25 and cancel the October and November study meetings. We have been advised
by the Deputy County Clerk that the Certification of Election Results will not be available for
our November 17 meeting. State law requires a Tuesday meeting to canvass the election
results and install new officers, he suggested a special meeting be set for Tuesday, November
25, 1997. Councilman Harrison's last meeting would be November L7. Since we have no
items for study, he also suggested canceling the October 22 and November 19 study meetings.
e Removed
d
October 6, 1997 zLt Burlingame City Council
e
f. WARRANTS AND PAYROLL
Finance Director recommended payment of Warrants 54114 - 54523, duly audited, in the
amountof $3,019,754.15, PayrollChecks 98293 -99028 forthemonthof August 1997 inthe
amount of $1, 123,105.52, and Electronic Fund Transfers for August 1997 it the amount of
$322,382.93.
Councilwoman Knight moved approval of the consent calendar excepting item "e. " Seconded by Vice
Mayor Spinelli and carried unanimously 4-0-1, Councilwoman Janney absent.
REMOVED CONSENT ITEM
ENCROACHMENT PERMIT FOR BACK FENCE. PLAY STRUCTURE. PORTION OF
AN ACCESSORY BUILDING AND A BASKETBALL HOOP IN CITY RIGHT-OF-WAY
AT 131 LOMA VISTA AVENUE
Public Works memo of October 1 recommended council approve this permit for the existing
wooden fence, a wooden play structure, a portion of an accessory building and a basketball
hoop with the condition they be removed for any future utility project or improvements.
Vice Mayor Spinelli asked about cify liability for play equipment installed on city property.
Councilwoman Knight talked to the owner and he did not anticipate the encroachments getting any
larger but wondered how we would know. Staff explained that the permit includes drawings and
measurements of all the encroachments.
Councilman Harrison moved approval of the permit with conditions. Seconded by Vice Mayor
Spinelli and carried unanimously 4-0-1, Councilwoman Janney absent.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight reported on the Joint Powers Board meeting and the Transportation Authority
Vice Mayor Spinelli told about the Airport Roundtable meeting. Mayor O'Mahony attended CCAG
and told about the Library opening. She asked that the photograph that was presented to the city by
the Chamber of Commerce at the library opening be hung in the Council Chamber. Regarding the
library, she also congratulated Senior Engineer Phil Monaghan, project manager Daryl Witbek, and
others associated with the project. She mentioned the wonderful brass fire hydrant which was
refinished by Paul Borg and staff and installed by city water department workers.
OLD BUSINESS
Vice Mayor Spinelli asked that staff look into the large number of trucks being stored on California
Drive near the Fire Station. This was referred to the Traffic Commission. Councilman Harrison told
about need for a red curb at the new fire hydrant by Library. He also asked that the Baylocks be
billed for the lawsuit costs, now that the final judgement has been decided in the city's favor. City
Attorney noted the costs would be minimal. Councilman Harrison moved to bill the Baylocks for any
costs associated with the lawsuit. Seconded by Mayor O'Mahony. The vote being 2-0-l-2, Mayor
O'Mahony and Councilman Harrison voting yes, Councilwoman Janney absent, and Councilwoman
Knight and Vice Mayor Spinelli abstaining.
Burlingame City Council 227 October 6, 1997
NEW BUSINESS
Councilwoman Knight asked about providing Fire and Police service if the BART station should come
to Millbrae. Fire Chief responded and discussed mutual aid. City Planner noted the BART EIR did
discuss fire and police services and it says that BART will provide special fire training for local
agencies who would respond to BART emergencies, and it expects local police agencies to back up or
cover BART security people.
ACKNOWLEDGMENTS
Commission Minutes: Beautification, September 4; Park & Recreation, September 18;
Planning, September 22, 1997.
Department Reports: Police, August 1997.
Letter from Gabrielle di Magliano Negris in favor of the Safeway plans to enlarge and
modernize the store.
Letter from Karen Mayfield, property manager, requesting city enact a law to require property
owners to maintain their property.
ktter from Joe Geller objecting to the Marriott Hotel plan to implement paid parking and to
banning more than two cabs from a company waiting in their parking lot because these plans
might impact Geller's parking lot across the street.
f. Letter from Mike Buettner praising Police for assistance with a barking dog problem.
Letters from the Andrews and the Byrds objecting to the proposed Safeway plans
Four letters from Marlene Juscen-Long regarding 1) unkempt private property; 2) keeping new
library grounds clean and neat, 3) objecting to Safeway plans and 4) objecting to oversize
vehicles and the angle of new parking spaces on Broadway.
Letter from Clare Drozd regarding the "unruly mobs" at Starbucks.
Letter from Richard Schwartz regarding proliferation of large new homes replacing existing
homes and suggesting city decrease FAR and increase setbacks.
Mayor O'Mahony adjourned the meeting at 8:52 p.m
Judith . Malfatti
a
b
c
d.
e
(}
h
j.
k
Proclamation for "Second Chance Week" October 18-26, 1997.
ADJOURNMENT
October 6, 1997 ,.t a
City Clerk
Burlingame City Council