HomeMy WebLinkAboutMin - CC - 2001.12.03BURLINGAME, CALIFORNIA
December 31 2001
CLOSED SESSION:
Conference with Real Property Negotiations pursuant to Government Code $ 54956.8:
a. Property: City Parking Lots K and L
Negotiators: City Manager, City Attomey, City Planner, Public Works Director & City
Engineer
Negotiatine Parties: Safeway Stores, Inc.
Under Negotiation: Exchange of property involving parking spaces. Instruction to include
area to be exchanged and consideration for exchange.
CA Anderson noted Council met in closed session at 6:15 p.m. regarding the above referenced matter
1. REGULAR MEETING CALLED TO ORDER
A 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 at7:03 p.m. by Mayor Mary Janney.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Officer J Mason.
3. ROLL CALL
Council Present:
Council Absent:
BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY
None
4. MINUTES
Councilwoman O'Mahony made a motion to approve the minutes of November 19, 2001 and November
20,2001; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0.
Chief Missel presented a commendation to Sergeant James Ford, Officer Charles Witt, Officer Dale
Wild and Communication Dispatcher Christine Granucci for their exceptional work at a police incident
on November 16,2001.
6. PUBLIC HEARINGS
Burlingame City Council 4t9 December 3, 2001
5. CEREMONIAL
a. Adopt Ordinance #1674 to change Parking Meter Rates in the Burlingame Avenue Business
District
DPW Bagdon recommended Council adopt Ordinance #1674 to raise on-street parking meter rates in the
Burlingame Avenue Commercial District.
Mayor Janney opened the public hearing. Charlie Dreschler and David Kincaid spoke in opposition of
raising the parking meter rates. Cliff Woods, Chicken Chicken, spoke in favor of raising the parking
meter rates.
Councilwoman O'Mahony made a motion to adopt Ordinance #1674 to raise parking meter rates in the
Burlingame Avenue Business District; seconded by Vice Mayor Coffey, approved unanimously by
voice vote, 5-0.
b.Review of the Planninp Commission's Decisi to Grant a Parkins Variance for a Chanse in
Use from Retail to Office Use at 247 California Drive,Zoned C-L Subarea B, Burlingame
Avenue Commercial Area
CP Monroe recommended Council hold a public hearing to review the Planning Commission's decision
to grant a parking variance for a change in use from retail to office use at 247 Califomia Drive.
Mayor Janney opened the public hearing. Mark Hudak, Attomey for London Road Design, spoke on
behalf of the owner/tenant. There were no further comments from the floor and the hearing was closed.
Councilman Galligan noted that this business generates over $1 million in taxable sales each year;
believes it is a retail business and a parking variance is not required. He then moved to make this a
determination, thereby making the variance moot because a retail use would be replacing another retail
use. The motion was seconded by Councilwoman O'Mahony. Councilman Galligan, maker of the
motion, suggested a modification to the motion that graphics and design businesses with substantial
taxable sales should be considered retail businesses. The amendment was agreed to by the second.
There was more discussion and Vice Mayor Coffey suggested that the motion be further amended to
note that graphics and design businesses should only be considered retail if they are pedestrian friendly
and have walk-in retail business. The maker and second of the original motion agreed and clarified that
the business being discussed was a "graphic art and design business".
Mayor Janney called for a voice vote on the determination to define graphic art and design business as a
retail business so long as it met the several criteria established. The motion passed on a 5-0 voice vote.
c.Public Hearins on Annlication for Off-Sale Liquor License at 1400 Burlinsame Avenue
CA Anderson noted the owners of the Burlingame Smoke Shop, 1400 Burlingame Avenue, have applied
for an off-sale liquor license with the Alcohol Beverage Control Department. The ABC looks at the
concentration of liquor stores and stores that sell liquor within census tract; from those census tract they
determine if under California Law, there appears to be an over concentration of sales of liquor in that
area. The ABC is obligated under state law to notify the city and allow the City Council to make a
recommendation or determination to the ABC as to whether tl-ris off-sale liquor permit application serves
the public convenience a necessity. CA Anderson recommended Council hold a public hearing to
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December 3,2001
determine what recommendation to communicate to the ABC regarding the off-sale license application
at 1400 Burlingame Avenue.
Mayor Janney opened the public hearing. Randall Kaufmann, 1501 Chapin #105, and Tom Paine,728
Concord Way, spoke in favor of the issuance of a liquor license at this location. Ashook Patel, owner of
the Burlingame Smoke Shop, also spoke in favor of receiving the off-sale liquor license application at
1400 Burlingame Avenue and stated that liquor would only be sold from 8:00 a.m. to 8:00 p.m. There
were no further comments from the floor and the hearing was closed.
Vice Mayor Coffey made a motion to approve the off-sale liquor license at 1400 Burlingame Avenue
from the hours of 8:00 a.m. to 8:00 p.m.; seconded by Mayor Janney, approved by voice vote, 4-1, with
Councilman Galligan dissenting.
d. Adopt Ordinance #1675 Deletins Section 6.08.090 Reeardins Airport Parkins Facilitv Business
License Tax to Conform Code to Measure O Adopted on November 6. 2001
CA Anderson noted that as part of the process of being ready to implement the proposal contained in
Proposition Q adopted by the voters on November 6,2007, the Municipal Code must be amended to
delete the current provision regarding airport parking facilities. The proposed Ordinance would provide
the transition on November 30, 2001, from the airport facility tax to the commercial parking facility tax
for any business that is subject to both. Measure Q will go into effect on November 30. Both taxes are
payable on a quarterly basis, so this ordinance seeks to clarify the payment dates for the current quarter
under the transition.
Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was
closed.
Vice Mayor Coffey made a motion to adopt Ordinance #1675; seconded by Councilwoman O'Mahony,
approved by voice vote, 4-0-1, with Councilman Galligan recusing himself due to owning share in a
parking facility in a neighboring city.
7. PUBLIC COMMENTS
Jo Chamberlain, 501 Lucy Lane, Half Moon Bay, and PatriciaGray,1616 Adeline Drive, spoke
regarding the Green Party in Burlingame. Dan Anderson, 728 Vernon Way, spoke regarding the
preservation of Washington Park.
8. STAFF REPORTS AND COMMUNICATIONS
a. Introduce Ordinance for Revisions to Fees for Water Service Glow Tests. Temporarv Water
and Meter Installation
DPW Bagdon recommended Council introduce the Ordinance to revise fees for water service (flow
tests, temporary water service and meter installation). The existing water rates and connection fees were
adopted by Council on July 16, 2001, however, certain other fees relating to water services were not
included in the adopted ordinance.
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December 3, 2001
Mayor Janney requested CC Musso read the title of the proposed Ordinance. Councilman Galligan
made a motion to waive further reading of the Ordinance; seconded by Vice Mayor Coffey, approved
unanimously by voice vote, 5-0.
Councilwoman O'Mahony made a motion to introduce the proposed Ordinance; seconded by
Councilman Galligan, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso
publish a summary of the Ordinance at least five days before proposed adoption.
b. Council Assignments for 2002
EA Weber recommended Council review and revise council assignments for the calendar year 2002
c. PlanningCommissionAppointment
Vice Mayor Coffey made a motion to appoint Michael Brownrigg and Christopher Keele to the two
vacant positions on the Planning Commission; seconded by Councilman Galligan, approved by voice
vote, 4-1, with Councilwoman O'Mahony dissenting.
9. CONSENT CALENDAR
a Approve Rotation List for Offices of Mayor and Vice Mavor
EA Weber recommended Council approve the rotation list for Mayor and Vice Mayor for the coming
year.
b. Resolution #132-2001 Authorizing Transfer for Accounting Training Contract
ACM Becker recommended Council approve Resolution #132-2001authorizing $15,000 transfer from
Reserve for Contingencies to Finance Contractual Services.
c. Resolution #133-2001 Annrovins Asreement r Maintenance of Athletic Fields at Franklin,
McKinlev and Roosevelt Elementarv Schools and Burlinsame Intermediate School
DPR Schwartz recommended Council approve the Resolution#133-2001 approving Agreement for
Maintenance of Athletic Fields at Franklin, McKinley and Roosevelt Elementary Schools and
Burlingame Intermediate School.
d.Authorize Citv Attornev to.Ioin Amicu Curiae Brief in Bonnano vs. Central Contra Costans
Transit Authoritv. Case No. A0878 at no cost to the City of Burlinsame
City Attomey requested Council authorize him to join in Amicus Curiae Brief at no cost to the City in
Bonnano vs. Central Contra Costa Transit Authority, which is now pending before the Califomia
Supreme Court.
Councilman Galligan made a motion to approve the consent calendar; seconded by Vice Mayor Coffey,
approved unanimously by voice vote, 5-0.
10. COUNCIL COMMITTEE RE,PORTS
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December 3. 2001
Council reported on various events and committee meetings they each attended on behalf of the City
11. OLp BVSTTYESS
Councilwoman Baylock noted she had received some complaints regarding the live transmission of
Council meetings and offered some suggestions on how to remedy the problem.
12. NEW BUSINESS
City Manager Nantell noted that the Public Works department was featured on a local newscast on
Wednesday, November 28th, during a very heavy storm. The newscast was shown to the Council.
13. ACKNOWLEDGEMENTS
Commission Minutes: Planning, November 26,2001; Parks & Recreation, November 15, 2001;
Library Board of Trustees, October 16,2001
b. Department Reports: Police, October 2001
Letter from Ronald and Linda Field, 1249 Paloma, regarding request to rezone
Paloma/Lagona/Capuchino area
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14, ADJOURNMENT
Mayor Janney adjoumed the meeting at9 12 p.m.
Respectfully submitted,
Ann T. Musso
City Clerk
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