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HomeMy WebLinkAboutMin - CC - 1993.01.04486 CALL TO ORDER A duly noticed reg"ular meeting of the Burlingame City Council washeld on the above date in the city Hall Council Chanbers. Theneeting was called to order at 7:30 p.n. by Mayor Bud Harrison. PLEDGE OF ALLEGTANCE TO THE FLAG Led by Fire Chief litalcolm Tolrns. ROLL CALL COTNCIL PRESENT: HARRISON, KNIGHT, LEI,IBI, OTMAHONY, PAGLIARO COUNCfL ABSENT: NONE I.{INUTES The uinutes of the Regular Meeting of December '7 , L992,proved unanimously on rnotion of Council-woman OrMahony,by Councilwonan Knight. were ap- seconded PUBLIC HEARING - sEcoND READING - oRDINANCE 1475 - LII,TITING CIGARETTE VENDING MACHINES city Attorney reviewed his nemo of November 23 hrhich reconmendedcouncil hold a public hearing and take action. At a recent studyneeting council asked staff to prepare an ordinance linitinqrlocation of cigarette vending machines. This ordinance bans such machines in all areas except bars; it also clarifies the defini-tion of rrbar.r' The ordinance would go into effect in 90 days,giving time to locate and move or remove these machines; a police employee is surveying the city for these rnachines. He confirmedthat the rnachines would have to be located away from a doorway. Mayor Harrison opened the public hearing. There being no com-ments, the hearing was closed. Councilrnan Pagliaro said, with the passage of this ordinance, thecity lras on the way to further regulating smoking and protectingour young people; he moved adoption of oRDfNANCE L475. Secondedby Councilrnan Lembi, carried unanimously 5-O on roll call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1476 - ADOPTING THE STATE OF CALIF A I S MODEL WATER EFFICIENT I,A,N SCAPE ORDTNANCE City Attorney reviewed his rnerno of Novenber 12 which reconmendedcouncil hold a public hearinq and take action. In 1990 the Statelegislature passed the trwater Conservation in Landscaping Actrr toestablish a task force to prepare a model water conservationordinance and required that cities adopt their own ordinance, themodel ordinance, or make findings that such an ordinance is notnecessary. The city :nust take action by January 1, 1993. fn 1988 we adopted landscaping guidelines for commercial and nutti-ple residential, property which could be a basis of our ownordinance. The State ordinance covers the same types of proper-ties and is more stringent, requiring a licensed landscapearchitect to certify the landscaping complies with the ordinance.While plans will be subnitted to the building department andreviewed by the Park Director, the rnajority of hrork would beperformed by outside professionals; the cityrs review tirne wouldbe keptat this ence in counci 1 to a minimum. We could charqepoint staff suggests there be nthe actual time required for rethat this does not affect singl afofvieef ee for this review but ee until- it has experi-w. He confirmed foranily landscapinq. Mayor Harrison opened the public hearing. There being no com- ments, the hearing was closed. BURIJIIIGAITiE, CAIJIFORITIA iraruary {, 1993 487 councilwoman otMahony was in favor of the ordinance but had concern with the transpiration rate tables in the modeL ordinance which appear to favor Southern California; she rnoved adoption of ORDINANCE 1476. Seconded by Councilman Pagliaro, carried unani- mously by roll call vote. PUBI.,IC HEARING - SECOND RE]ADING - ORDINANCE 1477 - LII,IITING EXTERIOR LTGHIING City Attorney reviewed his nerno of December 29, 1992 rrhich reconmended council hold a public hearing and take action.Council has been studying regulation of exterior lighting forresidential uses for several months. We currently have aninterim urgency ordinance in place which substantially limitsexterior lighting. The proposed ordinance will linit cornmerciallighting so that the cone of tight and/or direct glare wiII bekept entirely on the property. Residential areas would have thisLimitation and additional requirenents that the light fixtures beshielded, no more than nine feet above grade or a landing andthat wal1s not be floodIit. There is a procedure for variancesthrough the Planning Comrnission. this oidinance does not applyto signs which are controlled in the cityrs sign code. Council- woman Knight asked if the police would b-e checling these lights;staff said conplaints would be handled by building or planningstaff. Councilwoman O'I'Iahony asked about possible difficultiesdefining ttadjacent.tt Councilman Pagliaro suggested a minor change to wording to address concern. Mayor Harrison opened the public hearing. There being no com-ments, the hearing was closed. Counci.lwornan O'llahony moved adoption of ORDINANCE 1477. Secondedby Councilwoman Knight, carried unanimously on roll call vote. PUBLIC COMMENTS Mayor Harrison asked for comments on any iten other than theairport which will be discussed next on the agenda. Robert Clark, ]-2L2 CotEez, said cars parked on the street over-night in his neighborhood had been ticketed. He has tived in thecity for many years; years ago there hras a requirement forovernight parking permits and cars were ticketed regularly, butthat procedure stopped years ago. He wondered if the ticketing was a fluke or was going to be a regular event nosr. police chiefexplained that the department only tickets on a complaint basis now; someone in Clarkts neighborhood must have complained; thecity does sti11 have overnight parking pernits. llanny FLores, 3034 Hi11side, asked about the new exterior liqht-ing ordinance. The nayor noted the hearinq had been held. SAN FRANCISCO INTIL AIRPORT - MEMORANDIIM OF IJNDERSTANDING (MOU) Mayor Harrison said council had three options in considering theAirport MOU; it couJ.d approve it, which neant the city thought it r{ras OK; it coutd deny it, which would close off communication; orit could set a tirne limit in which the airportts proposed solu-tions to some of our problems could be given a chance to takeeffect before council voted on the MOU. He asked the City Manager to review his meno of December 29 which included the I{OU and recent letters from citizens and from the airport. MayorHarrison acknowtedged phone ca11s and letters from many citizens. He asked the Airport Director Lou Turpin to speak first. Turpin introduced his assistant, John Costa, and said the airportis attempting to mitigate traffic and noise problerns; he hopedpeople remember the airport econornically benefits the area. Mayor Harrison said backblast erould be discussed at the nextAirport Roundtable neeting and he encouraged. people to attend.Turpin said backblast is the Low frequency rurnble that Burlingarneresidents hear; the only way to reduce this noise is to reduceuse of Runway One; the runway most frequently used as an alter-nate to One is Runway 10, takeoffs over water are encouraged to stormy weather came a she asked Turpin expl engines there are idltable is looking at f orMahony agreed that reduce noise; they hope to substantially reduce or eliminate operations on Runrray one during night hours, from 11:00 p.n. to 7:00 a.m. councilnan Paqliaro pointed out some discrepancies inthe EIR and Turpinrs statenents. Turpin said the FAA establishedcriteria for aircraft takeoffs, aircraft must take off into the wind, so under certain conditions Runway one nust be used; also under FAA reg'ulations a pilot has the option of choosing any runway he wants and the airport cannot counterman him. council- man Pagliaro noted with increase in size of the airport and in number of aircraft, overall there would be more flights and morenoise. Councilman Lembi asked if there was any way to measure backblast from Runrray one, and about elimination of noisiestplanes; with increased planes there would be massive effect onour city. Turpin reviewed several studies on backblast; with a noise barrier placed at the landuard end of Runway one, noise would stifl bounce off the runway as the plane pulls up, in factthis is the larger portion of backblast noise generated; he reviewed timetable for reduction of noisy planes. Councilwoman Knight asked about helicopter noise, noted it was unfortunate thet the tirne we are considering airport MoUiain rrrunups. rr Turpin said for testing e runups and fu11 pobrer runups; the Round-urther restrictions of runups. Councihrornan backblast hras the nost difficult to deaLwith; she lras concerned about the tinetable and money availablefor the mitigation program. Turpin said $120 rnillion would beavailable for home j-nsulation program, another $120 nillion fortransportation inprovements west of 101 - the airport lrould rTrakein-lieu donations for these transportation irnprovements - and $400-500 niflion l^rou1d go to light rail systen to link Caltrain and BART to airport. Councj-Iwoman Knight noted aj.r pollution is another concern of residents. uayor Harrison read letter fronTurpin regarding air poLLutants. Turpin said air pollution was never brought up earlier but it is rnentioned nore tately andcited a study which identifies autos as a larger polluter thanairplanes. councilman Pagfiaro objected to cornparing the airport emissions with the entj-re bay areats auto emissions. Councilworn- an Knight said there j-s a proposal for an airport shuttl,e for allhotels, rather than each hotel having a shuttle. Lookinq to thefuture, Turpin predicted a change in airline operations froncurrent conpetition, frequent flights and lon occupancy, they have to face reality. There are presently almost as many occu-pied and vacant seats at SFIA as the projected buildout of plan. Mayor Harrison called for a brief recess at 9:05 p.m. The neeting resumed at 9:20 with all members present. He asked for conments from the floor and inforrned the speakers they would be limited to three ninutes. clenn l{endelson, 475 cumberlandr' Barney Marenelli,, 1255 BernaL; Brian Jenkins, 1-423 Balboai John DeMarco, 1805 Castenadar' Walter Hauck, 2705 Mariposa; Bill Thomson, 1709 Easton; Todd Becker, 2116 Eillside; Susan Johnson, 408 Concord; and Todd Robinette, 415 Concordi spoke against approval of the MoU. concerns ex- pressed were increased nunber of aircraft would increase noise and pollution; traffic would increase signif icantlyr' there is no guarantee the airport will do anything to reduce inpacts; kero- sene smel1 and srnog is worst in Millbrae, caused by airport; fear nore filling of bay for expansion; hoped council hrould join lawsu j,t, or file irfriend of the courtrr on behalf of Millbrae and Brisbaners lawsuit,' Airport Roundtable is good place for dialogue but it has no po$rer r' airport is obligated to brinq dolLars into San Francisco; they urged councit to disapprove the MoU. cloria Barton, 734 winchester, former council and Airport Round- tabl-e member, said she did not vrant to see the city tax dollars go to a lawsuit against the airport; the airport also benefits the area, she appreciated the proxirnity of the airport whenpicking up her fanily members who f1y in to visiti she hoped thecity council would Coalition of Airpornation, she hoped p fistN eop ht for nitigation; she thought a flyer fron eighbors (cAN) contained lots of misinfor-le did not beLieve everything it said. 488 489 Council discussion ensuedl in response to the lawsuit question,thought it would be a waste of money, council did consider alawsuit in closed sessj.onl negotiation with airport is betterthan confrontation; test the airportrs reduction of use of Runt ay One and other programs for one year; the expansion is too big aproject; there are benefits to the city and its hotels; one hotel room brings more tax dollars then six single fanily residences;airport is largest employer in county; night tirne flights wi1l bereducedl willing to go along with the Mayorrs sugqestion to waitto vote on I,!OU to see any improvenents; few people attend Round-tab1e, encourage residents to voice concerns there and to callthe airport noise nonitoring office when bothered by aircraftnoisel few residents attended the airportrs pubtic hearingTs onthe expansion; need to keep dialogue open. councilwoman o'Mahony moved to withhold action on the Airport MoUuntil January 1994 and evaluate progress on backblast, Runway Onediversi.on program, thrust reversal and noise data. Seconded by councj-lman Lembi, carried unanirnously 5-o on roll call vote. WATER PENALTY APPEAL - PATRICIA KIMBALL.183 LOS ROBLES Patricia KinbaII, appellant, said the construction has been going on for three years and she has had problems constantly vrith thecontractors; they have cut Iines and plowed over the water meter;she can never reach them and they are unresponsive to calls; shereviewed the county has instaLled new lines because of damage. Councilman Lenbi said he had talked to Kimbal,l previously and recommended she come to council with this problern; it was obviousto hin the contractor was at fault; he suggested we split thepenalty with Kinball paying ha1f. Council noted there was not nuch difference in water use for the same month in previous drought years; she should talk to the contractor; the rneter seemed to be in an odd tocation, perhaps it should be moved.Kinball said trying to reach the contractor about all the prob-lens has been a nightnare. Councilnan Lernbi moved to split the penalty with Kirnball. Seconded by CounciLnan Pagliaro, carried unanirnously. WATER PENALTY APPEAL MALCOLM, 1445 CABRILLO city Uanaqer reviewed the Finance Directorts neno of December 28 whi.ch recornmended council consider the Malcolmts request toreconsider the penalty on their water bilI. Anne ltalcotm ap-peared before council in August and nas all-owed two billingperiods (four months) to trdras, downrr $357 in penalties incurredfast August; she was to pay the residual penalty at the end ofthat period. Over the two periods they have saved 24 percent ofthe overuse; the renaining penalty is $205.52i at the presentrate it would take a year for then to e/ork off the penalty. Anne Malcolm said she was unaware she would be unable to make upthe difference in the last four months; her situation is sirnilarto what happened to a friend whose water penalty was forgiven;she hoped council would reconsider. Councilwoman orMahony saj,d she had been the one to move atlowingtime to build a water bank in August; she did not real-ize thatthe property was vacant in the previous periods on the chart on City Manager reviewed the Finance Dj-rectorts memo of December 9which recommended council deny the appeal. Patricia Kirnbal-Irequests her water biLl be lirnited to $130 (a credit of $235.87)because of darnage to water pipe by a contractor and because herbiII has never exceeded $130. Staff visited the site; the watermeter j-s located downhill on Fey Road and construction work has been going on in the area for a coupl-e years; the contractordenies any damage recentlyr. the line had been damaged some tirnein the past; staff sa!'r no evidence of a large release of water;the resident had exceeded allocation on two other occasi"ons, thepenalty is higher because of rate increases and higher overuse;a1so, she had higher allocation before the per capita system tookeffect in nid-1991. INTRODUCTION OF ORDTNANCE 1478 - AMENDING PROCEDURE FOR REI,IOVAL OF' ABANDONED VEHICIJES City Attorneyrs meno of December 22 reconmended councilintroduce this ordinance, and schedule a public hearing for January 20, L993. The Hj-ghway Patrol has approved the San Mateo County abandoned vehicle abatement program. Starting January l, L993 the DIIV will collect $1 frorn each reqisteredvehicle in the county to fund the program. The CHP had reviewed our ordinance and asked hre mike two rni.nor amend- ments to clarify that the procedure applies to the highwaysas lreLl as other public property and to include notice tothe Departnent of Justice !'rhen a vehicle is impounded. This ordj.nance makes those changes to the city code. RESOLUTION 1-9 3 AI.,IENDING CONTRACT FOR CONS CTION I.{ANAGE- a b MENT OF THE TEWATER TREATMENT PLANT PROJE cT - cP (8 ) 5291 Publ,ic Worksr meno of December 21 recommended council ap-prove this amendrnent to the Harris & Associates contract,increasing fees by $86,000. The original aqreement was based on a construction period fron April 1991 to octoberL992. The construction is behind schedule and will not beconpleted until February. The constructi.on contract pro-vides for the city to recover its costs for failingr to complete the contract on tine; it is staffrs intention tocollect this $86,000 fron the contractor. c RESOLUTTON 2-93 - INCREASING RETTRED EMP LOYEE HEALTH INSUR- ANCE CONTRTBUTIONS Adninistrative Assistant Personnelrs memo of December 15 recomrnended council approve this resolution specifying the maximum city contribution for retired employee health insur- ance costs. d. SALARY ADJUSTMENT - CHIEF BUILDING OFFICIAL City Managerrs neno of December 22 reconmended councilincrease the top step of our salary schedule for ChiefBuilding official $250 per rnonth. e DENIAL O CI,AT S: (1) ROSE LERMAN, T .I PATR CIA CHISFI: (3)F 2 MICHAEL KAUFIIAN: L4) JON BEAZOR; (5) CATHY GROCHOSKE City Attorneyrs nemos recornnended council deny these claimsfor (1) auto damage from accident; (2) sidewalk fall at Capuchino and Broadway, (3) personal injuries from autoaccident; (4) an auto/motorcycle accident on E1 Canino; and(5) a sidewalk faII on California Drive. f. WARRANTS AND PAYROLL Finance Director recomrnended approval of Warrants 23994 -24534, duly audited, for the arnount of $L,7O7,457.17 andPayroll Checks 5L792 - 52530 for the month of November 1992in the amount of $1, L22,5:-2.60. 490 s/hich she based her calcul-ations. She noved to aLlow three rnoreperiods in which to attenpt to build a bank to reduce penalty. Seconded by Councihnan Lernbi, carried 4-1 on voice vote, Council- woman Knight voting no because she had voted against this before. Malcoln vas concerned that she would be going into the sunmer months without a water bank. CONSfDERATION OF ADDITIONAL STUDY MEETING City l,[anager reviewed his nemo of Decenber 21 which recornmendedcouncil consider an additional study meeting for the FAR conmit-tee report. Since writing the neno the FAR committee has met and would like additional time, he suggested the report be heard atthe February 10 regular study neeting. Council concurred. CONSENT CALENDAR 491 a Counciluoman Knight noved approval of the Consent Calendar. seconded by CounciLnan Lernbi, carried unanimously by voice vote. COUNCIL COMMTTTEE REPORTS C/CAG: Councilwoman O I l,[ahony reported on discussion of extendingCaltrain in San Francisco; there will be a public workshop on NPDES; transportation authority consolidati-on lras discussed; anadninistrative coordinator was named. Convention Bureau: Councilman Lenbi reported on progress towardhiring a new administrator. TSII: Mayor Harrison reported on our six city TSM qrouprs discus-sions with the county group. OLD BUSTNESS councilwonan Knight expressed her desire for council to interview commission applicants at public meetings; she said the najorityof cities do so. She also r^rished the councilrs conmissioninterview teans were on a rotation basis since sorne council nembers have been on the sarne interview team for years. NEW BUSINESS Mayor Harrison scheduled an appeal hearing on rebuilding the Fishernan Restaurant at ]-492 Bayshore for February L, 1-992. ACKNOWLEDGEMENTS Cornmission Minutes: Traffic, Safety and Parking, DecenberL0; Beautification, Decenber 3i Senior, December 17; Park and Recreation, Decernber L7i Library Board, Decenber 15r. Broadway BID, October 13 and Novernber 10i Planning, December L4 | L992. Department Reports: Police, November 1992; Treasurer, November 30, 1992. Letter from lts. Hartman-Blekis requesting cut-back of Syca- more at 535 Francisco. Mayor Harrison referred this to theBeautif ication Commission. Letter frorn five former chiefs-of-staff at Peninsula Hospi-tal reqarding consolidation of acute care facilities. MayorHarrison noted that carol Groon, Director of ConnunityRelations for Mills/Peninsula Hospital sras present; Groonexplained that the hospital district is discussin!, someconsolidations but nothing has been finalized at this time. Letter fron Bill Hardwick, Expo center, requesting appoint- ment of a council member to Expo Advisory Committee. coun-ci] appointed llayor Harrison. Letter fron Phil Liebert suggesting a conrnunity garden on empty lots at bay front. City Manager said he had respondedthat this is State land and private property. Letter fron creg Mindell regarding auctions and signs at womenrs cl-ub. Councilman Pagliaro asked staff to write tothe club about the illegal, signs and impact on neighboring businesses and to send copy to I'Iindell. cLosED sEssroN -LITIGATION, BI'RLINGAME V FIRST VENTURE CAPITAL tlayor Harrison adjourned to a Closed Session at 10:55 p.m. ADJOT'RNMENT ed at 1l-:0O p. m. A. Iltalf atti lerk b c d e f s The meeting was regularly adjourn th