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HomeMy WebLinkAboutMin - CC - 1997.11.03BI.JRLINGAME, CALIFORNIA November 3,1997 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 Fire Chief Bill Reilly ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of October 20, 1997 were approved unanimously approved after additions on page 5 by Councilwoman Knight under the Safeway project discussion "she suggested a Dub+ie studv meetins with Safewav to brainstorm the oroiect" and "she hooed their olans would add more landscaping within the parking lot and take into consideration the architectural quality of the United Methodist Church. the train station. the Library and other city buildings. " PUBLIC HEARING - REVIEW OF PLANNING COMMISSION DECISION TO GRANT A TAKE- OUT PERMIT FOR A JUICE BAR BUSINESS AT 1112 BURLINGAME AVENUE - DENIED City Planner reviewed her memo of October 24 which recommended council hold a public hearing and take action. The applicant, Adam Rosen of the Natural Edge Juice Company, is requesting a special permit to operate a store which serves juice drinks and smoothies for take-out at lll2 Burlingame Avenue. The store will occupy 625 SF of tenant space within the Avenue Plaza building, 1108-1120 Burlingame Avenue. The tenant space will include a counter/display area, food preparation area, a cooler and a freezer. There will be no tables or chairs inside the tenant space. The Planning Commission approved this request with conditions at its meeting of October 14, 1997. Staff responded to council questions. Mayor O'Mahony opened the public hearing. Kyle Wolverton, The Natural Edge Juice Company, reviewed history of this business; they have a store in San Francisco and want to expand to this area; they are a small business and would participate in the community; started with coffee but noted trend toward for healthy alternative drinks. Adam Rosen, applicant, stated their headquarters are in San Mateo; they think Burlingame would be a great place to do business; they are different from the big chain stores which may look the other way when there are problems, he would respond personally to any concerns about his business; this is a healthy product which people are looking for; they also provide health informational pamphlets to customers. David Avila, architect, and an assistant, distributed booklets with plans and interior designs and signage for the proposed project. Council- 240 woman Knight commented on the bright color scheme of the San Francisco store and recalled complaints city had received about Cafe Marimba's color palette, she also asked about the signage. Architect responded the exterior would remain the same and signs would be similar to other signage in area. Adam Rosen concluded with statement about taking risks and that by opening a small business they were taking a risk, he hoped that council would approve this permit and give them the chance to take this risk. Gary Pontella, owner of Sweet Treats at ll2l Burlingame Avenue, was surprised when he heard about this business might be going in; enough of this type of business in the area; it's the wrong location. There were no other comments and the hearing was closed. Councilwoman Knight said she had called this project up for review because of her concerns about this block of Burlingame Avenue; she related the commission's split vote and the concerns expressed in opposition; she was concerned about this business being open until 10:00 p.m; she visited the San Francisco site and it is a very clean well run business; but this block is saturated with food and take- out business; we need to support the existing non-food business in the block, this is too much to risk for the council; she believed this business would be detrimental to the public health and welfare; she would vote to reverse the Planning Commission's approval. Councilman Harrison disagreed and noted the other commissioner's comments in favor of approval; he would approve and suggested a condition be added that the business close by 9:00 p.m. every night. Vice Mayor Spinelli said he feels strongly for the health of Burlingame Avenue which needs a balance of businesses, big and small, food and non-food; with installation of this business we would lose another non-food retail site; we have a huge problem with attractions for young people and loitering in this area which we have been dealing with for a couple years; feel this business, with its orientation to high school and young adults with "extreme" videos, is not appropriate for this area. Councilwoman Janney said she would vote to support the Planning Commission; the problems with loitering can be dealt with; hate to see these applicants penalized for problems we are having in that area. Mayor O'Mahony said she is not going to support this business; she is very familiar with problems in this area; this business would be a magnet for young people; some time ago we had a similar request for that spot and it was also denied, at that time she said she hoped those applicants could find another spot in the city; she would love to have this business in Burlingame but not at this location; practically everything on that side of the street is food related; think they put a great effort into this proposal and would love to see them on another street. Councilwoman Knight moved to reverse the Planning Commission action and deny this request for a take-out service permit. Seconded by Vice Mayor Spinelli and carried 3-2 on roll call vote, Councilman Harrison and Councilwoman Janney voting no. PUBLIC HEARING - ADOPTION OF ORDINANCE 1581 ESTABLISHING A THREE-WAY STOP SIGN AT OAK GROVE AVENUE AND WINCHESTER DRIVE The City Engineer reviewed the memo of October 28, 1997 which recommended council hold a public hearing and take action. At the October 9 Traffic Commission meeting, they considered and recommended council approval of these stop signs because of the increased number of students walking to school, the speed of vehicles on Oak Grove and the acute angle of the intersection. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved to adopt ORDINANCE 1581. The motion was seconded by Councilwoman Janney and carried unanimously 5-0 by voice vote. Burlingame City Council 241 November 3,1997 PUBLIC HEARING - ADOPTION OF ORDINANCE 1582 ESTABLISHING FOUR-WAY STOP SIGNS AT THE INTERSECTIONS OF HOWARD AVENUE/ANITA ROAD AND AT BAYSWATER AVENUE/ARUNDEL ROAD City Engineer reviewed the memo of October 27,1997 which recommended council hold a public hearing and take action. At the October 9 Traffic Commission meeting, they considered and recommended to council an ordinance establishing these two four-way stop signs in response to requests from Washington School and parents in the area because of the large number of students walking to school and the speed of vehicles along Howard and Bayswater, particularly cars from auto dealerships, and the fact that the speed limit reduction has not improved the safety of the area. Councilwoman Knight mentioned the need to follow up on the comment someone had made at the last meeting about writing to the auto dealers that these streets are not their auto testing areas. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilman Harrison moved to adopt ORDINANCE 1582. Seconded by Councilwoman Janney and carried unanimously by voice vote. Councilman Harrison also thought it was a good idea to write to the auto dealers. Police Chief will handle contacting the auto dealers. PUBLIC COMMENTS John McCarthy, 1075 Rollins Road, related at length problems he has encountered at Starbuck's with rude and vulgar language and behavior by some young people; felt the problem was friends of people who work at Starbuck's; thought council should require them to remove their tables after 6:00 p.m. He also related dangerous parking problems in front of the sewerage pump station on Rollins Road where people park in a red zone and block sight lines. Cathy Baylock, 1527 Newlands, thanked council for denying the juice bar on Burlingame Avenue Phill Armstrong, congratulated the Public Works Department on the bayfront bike path extension; discussed need for recognition of a Bike Committee and cycling issues such as recognizing cycling as an alternative means of transportation within the city and the need for bike lanes. APPLICATION FOR AMUSEMENT PERMIT FOR NEW OWNER OF CALIFORNIA BAR & GRILL. 241 CALIFORNIA DRIVE City Attorney reviewed his memo of October 24 which recommended council approve this amusement permit for Erin Kerrisk, new owner of California Bar & Grill, subject to standard conditions for a period of six months. The bar has an amusement permit for karaoke singing and dancing and lingerie fashion shows on Wednesday and Friday afternoons. The new owner would like to add live bands up to 10 days during the year and shift the hours of fashion shows to begin half an hour later and last an hour longer. Police report few calls for service and have no objection to these changes. The mayor asked about the fashion shows; attorney noted these have been taking place for five or six years. Councilwoman Knight had concerns about loud music from live bands with residential areas nearby. City Attorney said a condition could be added that music not be audible off the site. Councilman Harrison moved to approve this amusement permit with condition that music not be audible off the site. Seconded by Councilwoman Janney and carried unanimously 5-0 by voice vote November 3, 1997 242 Burlingame City Council INTRODUCTION OF ORDINANCE 1583 TO AUTHORIZE THE CITY ENGINEER TO EXTEND THE TIMES AND DAYS IN WHICH PARTICULAR LOADING AND SHORT TERM PARKING City Engineer reviewed the memo of October 28 which recommended council introduce this ordinance to authorize the City Engineer to extend the times and days in which particular loading and short term parking zones are effective. The mayor asked the city clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading. Seconded by Councilwoman Janney and carried unanimously. Councilman Harrison moved to introduce ORDINANCE 1583. Seconded by Councilwoman Janney and carried unanimously 5-0. EXTEND DETERMINATION ON FINANCIAL INSTITUTIONS TO OTHER SIMILAR BUSINESSES WITH THE SAME LIMITATIONS City Planner reviewed her memo of October 27 which recommended council review this request and direct staff. Based on council's previous determination, the waiver on code enforcement for single person businesses qualifying as financial institutions would be until the code is revised making the use no longer conditional or June 1, 1998, whichever occurs first. On October 6, council heard an appeal of the Planning Commission's denial of a determination that a sole proprietor, financial counselor did not fall under the definition of "financial advisor" and directed staff not to enforce the requirement for a conditional use permit while the city explores revising the code or until June 1, 1998. Planning has received other requests for a sole proprietor businesses similar to Farallon Portfolios and assumes that council's direction would hold for similar businesses. Councilman Harrison moved that council's direction on the determination would hold for similar businesses with the same conditions. Seconded by Councilwoman Janney and carried unanimously 5-0 by voice vote. City Engineer reviewed the memo of October 28 which informed council that staff is still reviewing the qualifications of the low bidder for this project and is not yet ready to present the results to council. The project award is tentatively scheduled for the November 17 meeting. CONSENT CALENDAR Councilwoman Knight asked that item "e" regarding Senior Lunches be removed for discussion. a.RESOLUTION 83-97 GRANTING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING A REOUEST FOR DECLINING HEIGHT ENVELOPE. SIDE SETBACK. HEIGHT. AND PARKING VARIANCES FOR 2104 HALE DRIVE City Attorney's memo of October 29 recommended council approve a resolution making findings on the decision approving variances ^t2104 Hale Drive which council granted at its October 20 meeting. Burlingame City Council 243 November 3,1997 INFORMATIONAL REPORT ON CONTP'r{CT AWARD FOR CALIFORNIA DRM INTERCEPTOR SEWER b c SCHEDULE FOR CORRESPONDENCE City Planner's memo of October 24 recommended council approve a resolution to add time frame for retaining correspondence to the Planning Department's records retention schedule and to extend retention of Consultant credentials list from one to two years. RESOLUTION 85-97 AWARDING AGREEMENT FOR BURLINGAME VILLAGE STREET LIGHTING - CP 9703 Public Works memo of October 28 recommended council approve an agreement with Tennyson Electric of Livermore in the amount of $97,700 to install new street lighting in the Burlingame Village area. RESOLUTION 86-97 AUTHORIZING AN AMENDMENT TO ADMINISTRATION AGREEMENT WITH GREAT WESTERN BANK FOR DEFERRED COMPENSATION SERVICES Finance Director's memo of October 28 recommended council approve an amendment to the deferred compensation agreement with Great Western Bank to add to the list of available investment options for participants. Removed ENCROACHMENT PERMIT FOR WOODEN FENCE AT 17OO EASTON DRIVE Public Works memo of October 27 recommended council approve this encroachment permit for a wooden fence subject to standard conditions. APPOINTMENT OF PARK & RECREATION COMMISSION YOUTH ADVISORY MEMBERS Parks & Recreation Director's memo of October 30 recommended council appoint Emily Getchel and Megan Klimen as Youth Advisory members of the Park & Recreation Commission. Councilman Harrison moved approval of the consent calendar, excepting item "e. " Seconded by Councilwoman Janney and carried unanimously 5-0. REMOVED CONSENT CALENDER ITEM Councilwoman Knight asked the Parks & Recreation Director about publicizing the Senior Lunch program and events. d e f November 3,1997 244 Burlingame City Council o e RESOLUTION 87-97 AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY FOR LUNCHES FOR SENIOR CITIZENS Parks & Recreation Director's memo of October 30 recommended council approve an agreement with San Mateo County so that the County General Hospital can provide meals to the Recreation Center for the two day per week Senior Lunch Program commencing November l, L997 or as soon as practicable. Councilwoman Knight moved approval of this contract. Seconded by Councilwoman Janney and carried unanimously 5-0. COUNCIL COMMITTEE REPORTS Councilwoman Janney reported on the CMAC meeting and the Convention & Visitors Bureau Board meeting. Mayor O'Mahony went to a CCAG meeting, Burlingame Together, and presented a proclamation to the UCLA marching band when they performed at Burlingame High School prior to the Stanford game. Councilwoman Knight commented on the dedication of the school district's "Osberg Field, " as the city/school jointly rebuilt playing field at BIS has been named. OLD BUSINESS Councilwoman Knight asked about the proposed planters in front of Starbuck's; staff said the planters are being built and should be installed in a month. Councilwoman Janney asked the City Attorney to clarify the discussion from the last meeting about her appointment to the Convention Bureau. City Attorney said the appointment is valid in accordance with the Brown Act; the nomination by Councilman Harrison met the requirements of the Act and the time for any dispute of the action has passed. The appointment was effective as of the time it was voted. NEW BUSINESS Councilwoman Knight talked about the "rail trail" project which will be discussed at the Board of Supervisors meeting tomorrow. ACKNOWLEDGMENTS Commission Reports: Traffic, Safety and Parking, October 10; Library, July 15, August 25, and September 30; Senior, October 16; Parks & Recreation, October 16; and Planning, October 27, 1997. Proclamations: Toastmasters Week, November 16-22, 1997; and National Family Week, November 23-29, L997, Letter from Martin Dreiling regarding the Safeway project Councilwoman Knight thought Dreiling's letter had some good points and hoped copies of the letter have been sent to the Safeway representatives. a b c Burlingame City Council 245 November 3,1997 CLOSED SESSION At 8:31 p.r., the Mayor adjourned to a closed session on a) threatened litigation, sidewalk claim of Mary Jean Bulotti; b) discussion of whether to initiate litigation on code enforcement at 1516 Ralston Avenue; and c) to confer with City Manager on labor negotiations with Police Officers Association. Council reconvened at 9:00 p.m. with all members present and gave direction to the City Attorney on the sidewalk claim and to the City Manager on labor negotiations. ADJOURNMENT IN MEMORY OF CHARLIE MAYER Mayor O'Mahony noted with sadness the recent accidental death of Charlie Mayer, grandson of TSP Commissioner David Mayer. Charlie was an All Star MVP in 1997 and a student at Taylor Middle School in Millbrae. After a moment of silence in his memory the meeting was adjourned at 9:01 p.m. I Judith A. City Clerk November 3,1997 246 Burlingame Ciry Council