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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