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HomeMy WebLinkAboutMin - CC - 1993.03.01517 BURLINGAIT{E, March 1 CAI,IFORNIA 1993, CALL TO ORDER A duly noticed regular meeting held on the above date in the meet.ing was called to order at of the Bur1j-ngame City Council was City HaII Council Chambers. The 7 t35 p.m. by MaYor Bud Harrison. MINUTES The minutes of the study Meeting of February 10, 1,993 were approved unanimously on motion of Councilwoman Knight, seconded b}'Councilman Lembi-. Mayor Harrison asked the C/CAG discussion in tfre Regular Meeting minutes of February 17, 1993 reflect that Menlo par[ voted to witfrhold. action on the Airport MOU; with that change the minutes were approved unanimously on motion of Coun- citwoman O'Mahony, second by Councilman Lembi. PLEDGE OF ALLEG]ANCE TO THE FLAG Led by Sandra Lang, resident. ROLL CAI,L COUNCIL PRESENT: COUNCIL ABSENT: z - DENIED WITHOUT PRE.TUDICE Planner reviewed the memo of February 1-8 and acknowledged a Ietter from the applicant's attorney requesting council deny this request without piejudice. This would allow the applicant to r".,ii=e his plans to address concerns expressed at t.he Planning Commission meeting where the request was denied. Councilwoman O'Mahony moved to deny without prejudice, the Negative Declaration, Condominium Permit and Tentative Map. SeEonded by Councilwoman Knight and carried unanimously. PUBLIC COMMENTS Anthony Kakis, 2OOg Clarice, spoke with concerns about the youth baseball leagues and distribution of playing fields. Mayor Harrison explained these leagues are private organizations and Councilman Lembi explained the al-location of fields agreed upon by the committee of council members, commissioners and staff. t<akis was not aware of this allocation, he apologized and men- tioned t.he senior league said it would exclude non-Burlingame kids, he thought it unfair to exclude kids from Hillsborough and Burl-ingame Hills area, these kids go to Burlingame schools and are our children's friends, where else can they p1ay. ,fohn Lusardi, 1-241- CorLez, was also unaware of the new allocation. Sandra Lang, 221- Dwight, was concerned about treatment of Little League at signup time. Lusardi said the senior league uses the Washington Park fields. Councilman Lembi said that. league only uses it, two times a week and noted that Hillsborough was consid- ering use of their fields only two days each week because they want to conserve the condition of the fields for the all star games. Burlingame allows use of all its fields at all t.imes. REOUEST TO OPERATE A HOT DOG CART ON ROLLINS ROAD City Attorney reviewed his memo of February 24 which recommended council grant or deny the permit. Carol Haythornewhite, ofl behalf of her son Donald, is requesting permission for Donald to operate a mobile hot dog stand at l-800 Rollins in front of the ROP offices. Under city code they must have a permit from the city council. This request was circulated to staff and t.he only comment was from the City Engineer who suggest.ed an area of HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NONE 518 approximately twenty feet be coned off. The ROP office expressed concern that the carL has been located next to their driveway and its umbrella has caused a view obstruction for persons leaving their facility. Additionally, all customer service should be from the sidewalk side of t.he stand. Only one food establishment is near and they have been notified of this application. Council discussed their recollection of a simil-ar hot dog Burlingame Avenue. Staff noted the objectj-on to that one because of parking constraints on the Avenue and the cart up parking space. cart on was taking Carol Haythornewhite said Donald is a former student of ROP and the Department of Rehabilitation; the cart allows him to be employed; they hoped he coul-d operat.e his stand as requested. Pete Umland, owner of the Smoke Shop, recollected Ryan's Red Hot Rippers was disallowed because of complaints from 1ocal restau- rants. His only concern was if this one is allowed, others might want to come in. After more discussion, Councilwoman O'Mahony moved to approve the request with four conditions: (1) an area at least twenty feet long is to be coned off; (2) the area is located at least twenty feet from any driveway or intersection; (3) all customer servicej-s from the sidewalk side of carl; (a) location be in the 1800 block of Rollins Road. Seconded by Councilman Lembi, carried unanimously by voice vote. RESOLUTION 14-93 - SUSPENDING WATER RATIONING PENALT]ES City Manager reviewed the Finance Director's memo of February 23 which recommended council suspend water rationingi overuse penal- ties in Resolution 49-92, paragraph III (A) of Exhibit A. The San Francisco Water Department is like1y t.o eliminate mandatory water rationing in Apri1. Since the city begins a new water billingcycle on March 1 it is an opportune time to suspend penalties. This action will leave the rules regarding water use in pIace. Foll-owing the San Francisco suspension of rationing, staff willreport back to council about any changes needed. Councilman Lembi moved to adopt RESOLUTION 14-93. Seconded by Councilwoman Knight. Counci-lwoman Knight was a 1itt1e concerned about. removing penalties and giving the wrong message to resi-dents; she wanted to see strong water conservation measures tocontinue. The moti-on carried unanimously on voice voLe. CHANGE LOCATTON OF IIFARI' STUDY MEET]NG OF MARCH 24 TO BURLINGAME HIGH SCHOOL AUD]TOR]UM City Manager reviewed his memo of February 24 which recommended council- approve locating this meeting to accommodate the large crowd that attended the last meeting on residential mass andbu1k. Councj-l-man Pagliaro moved to approve moving the locat.j-onof the March 24 meeting to BHS auditorium. Seconded by Council- woman O'Mahony, carried unanimously. Councilwoman Knight asked about the Library report that was to be heard at the March study meeting. St.aff said that would beplaced on the regular meeting agenda for March 15. SPECIAL EVENT PERMIT FOR B]CYCLE RACE ON .JUNE 27, 1993 City Manager reviewed his memo of February 22 which recommendedcouncil consider this requesL. Gene Condon, with Peninsul-a VeloBicycle Club, is requesting a special event permit to hold abicycle race in downtown Burlingame on Sunday, ,June 27 from 7 a.m. to 2 p.m. The proposed course includes portions of Lorton, Howard, Park, Burlingame, Primrose and Bell-evue Avenues. The course woul-d be posted "no parki.g, " but no towing would beauthorized unless the course is physically blocked. Traffic woul-d be all-owed to circulate except when a specific race was inprogress. This event has been held for the last four years. s19 Pet.er Umland, owner of the Smoke Shop. said he had about the race but he had spoken to Condon before believed they could work it. out. Last year three businesses and one resident complained about the evenE. Staff recommended approval with five conditions. Gene Condon reviewed hj-s request; said Ehis race brings lots of people to Burlingame, increases business; any special- concerns residenEs or business he woufd attempt to address, he has lots volunteers who work for this event. of of some concerns the meeting and Councilman Pagliaro wanted to be sure the city was named as additionaf insured on their policy. Councifwoman Knight moved approval of the permit w.ith conditions. Seconded by Councilwoman o'Mahony, carried unanimously by voice vote. CONSENT CALEND AR d. RESOLUTION ]-5-93 - APPROVING APPLICATION AND CONTRACT FOR SENIOR NUTR I TION PROGRAM Recreation memo of February l-8 recommended council- approve the resofution to continue Lhe Nutrition Program for senior ciEizens at a net cost. to the city of $9,042. Staff not.ed federal and st.ate funding is diminishing and the program is costing the city more each year. The Recreation Center has talked to another non-profit agency which might provide the service, the prob]em is time constraints for keeping the project going while considering al-ternatives, so L.his con- EracE should be approved. Councif directed the senior commission to make recommendatj-ons to council on some possible al-ternatives. Councilwoman O'Mahony moved approva] of RESOLUTION 15-93. Seconded by Councilman Pagliaro. carried unanimously. a INTRODUCTION OF ORDINANCE 1480 ADOPTING ALARM SYSTEM City Manager's memo of February 23 recommended council introduce this ordinance to revise our alarm procedure torequire an annual alarm permit and increase our false afarmfee schedule. In addit j"on to reducing false alarms. the new fees shoufd generat.e $30,000 to $50,000 annuaIly. A hearing would be held on March 15. b. Removed. EXTENSION OF TENTATIVE COND INIUM MAP FOR THREE UNITS ATC 952 CHULA VISTA AVENUE Public Worksr memo of February 23 recommended council- concurwith the Planning Commission and extend this map to April 7,1995. The f inal- map cannot be approved until the units are constructed. Councifman Lembi moved approval of the Consent Calendar items (a) and (c) . Seconded by Councilman Pagliaro, carried unanimously byvoice vote . REMOVED CONSENT ITEM ING SMOKING CONTR L City Attorneyrs memo of February 22 recommended councilintroduce this ordinance. At t.he February study meeting, b Council asked item a) smoking control ordinance be removed from the Consent Calendar. Regarding (d) the Senior Nutrition Pro- gram, Councifwoman KnighE said she would not favor el-iminating this program but thought. the senior commiss j-on might evaluate alternative vendors for the food servi-ce to find a more cost effective method of delivering the service. PERMIT REOUIREMENT 520 council directed an ordinance be prepared to prohibit smok-ing in all workplaces and al"l- businesses except hotels andbars. The hotel exempEion incfudes t.he ent.ire facility with the proviso that hotel rest.aurants seating over fifty must provide non-smoking areas. Mayor Harrison noted a person who wanted Lo speak Eo this item.Terry O'Brien who works at Peninsula Hospital- as a radiofogist,said she treats cancer patients and strongly recommended prohib- iEing smoking in workplaces and restaurants. Council- tol-d her she might want to be present at the March 15 meeting where thepublic hearing will be he1d. Council proposed a number of wording changes and additions to the ordinance,' Council-man Pagliaro requested council reconsider the exemption for resEaurants in hotels, council agreed could compli- cate the situation with a non-smoking restaurant on one side of the st.reet and not in a hotel across the street; problem of bars next to restaurants; Councilwoman O'Mahony wondered about the exemption for ouEdoor areas. staff suggested it be referred to as unroofed areasi redundancy of prohibiting workplaces when the ordinance already lists a1f workplaces. Councilman Lembi said he has t.alked to several hotel- general managers and they have changed their position. Mayor Harrison was concerned abouE more government regulations and about prohibitions in senior housingT where some of t.hese seniors have been smoking all- thej-r lives. Staff noted t.he prohibit j-on is onfy to common areas, Lhey could smoke in their private aparLments. Mayor and Councilwoman Knight asked about prosecution and fines, City AtEorney said fines are covered in another area of the city code with regard to viola- E.ions of any city laws; he also noted there was no effecEive date in ordinance. it would normally go into effect 30 days after adoption. Council discussed a 90 day period before effecElve date or .Tuly 1, 1993 . Council-man Pagliaro moved to introduce oRDINANCE 1481 with revisions suggest.ed tonight. Seconded by Councilwoman O'Mahony and carried unanimously. COUNCIL COMM TTEE REPORTS Legislative: Councifwoman Knight reported on several legislative bi11s, noted Senator Becky Morgan's regional government bill is coming back. She announced the Community Picnic wil-l- be hefd Sunday, September 19, and she reported on severaf other meetings and events she had attended. C/CAG: Council-woman O'Mahony thanked the City Manager for the list regarding federal and state mandaEes which impact the city; she discussed these with SenaEor Kopp and believed we coufd expect some help. ABAG: Council-man Pagliaro reported on his first meeting with the executi-ve board of ABAG. ALUC: Mayor Harrison said the AL,UC meeting was moved to March 4 because of lack of a quorum. He tol-d about meeting of Faj-rground Advisory Committee. Mil- l- s/Peninsuf a Hospital Board is preparing a reporE on reconfiguration of hospital services, we will be kept informed about t.his issue. NEW BUSINESS Appeal- Hearing: Mayor Harrison set a public hearing for March 15 for an appeal of special permit granted for 1341 Columbus. L,antos/Chang letteri Councifman Pagliaro noted this letter from Congressman Lantos' office regarding a complaint about the Broadway BID from Mrs. Chang. Staff explained that they had spoken to her, she was afso been referred to the BID board; she is unwifling to accept the vote establishing the Broadway BID. Rhinette Lot: Council acknowledged a memo from City Manager regarding the ground water sampl-ing of this site and finding of 521 gasolj-ne infiltration which may affect sale of Iot. Staff will be meeting with the Count.y Hea1th representatives regarding cleanup of the gas station site which caused the infiltration. Police Emergency Services Van: Mayor Harrison attended ation at the Hyatt for donors to the new Van. He said the was girateful- for the private donations to this worthwhile recep-city cause. HOMELESS SHELTER FUNDING APPROVED Councilman Pagliaro mentioned the need for shelter for the homeless, he recalled council budgeted funds for the Homeless Trust Fund and t,hat funding has not been used. He asked ifcouncil would support, a donation of $5,000 for homeless shelterneeds. Councj-I was supportive. Councilman Pagliaro moved to donate $5,000 to the appropriate agency for homeless shelter. Seconded by Councilwoman O'Mahony, carried unanimously. ACKNOWLEDGEMENTS a Commission Minutes: Traffic, Safety and aA; Beautification, February 4; Park and ary 18; Planning, February 22, 1993. Parking, February Recreation, Febru- b d Letters regarding smoking controls. Letters regarding Floor Area Ratio committee report. pedestrianLetter and petition requesting reopeni-ng of bridge at Beach Road and response from staff Mayor Harrison said he has spoken to the person responsible for the petition and explained the situation to her. I-,etter requesting reduction of business license fee for small home businesses. Staff will respond. Letter favoring low-cost housing and help for homeless Letter from State Department of Housing regarding our Hous-ing Element Update schedul-e. Staff had noted we could meettheir deadline. Letter of t.hanks to Fire Department from resident at lol-7 El Camino. Memo from Park Director regarding tree pruning policy which was reviewed by commission. Anselr/Floribunda: Councilwoman O'Mahony commented on the Traffic Commission discussion of a request for stop sign at this inter-section; she agreed that it is a dangerous area, cars speed upFloribunda. Councilwoman Knight said that road is a through-way from Hillsborough to freeway. Staff reviewed warrants for stopare not met, but police department will monitor the area, agreedthe city does not have to agree with warrants for stop sign inorder to install one. Council asked to review this item on afuture agenda. Councilwoman Knight thought it might be a goodidea to have communication between commissions, for exampleTraffic is discussing size and obstruction of road by trees andBeautification is trying t.o protect trees. AD,JOURNMENT IN MEMORY OF ALICE BEEMAN e f g h l_ Mayor Harrison noted with regret the passing ofHigh School dean of women, Alice Beeman. Aftersil-ence the meeting was adjourned in her memory former Burlingame a moment ofat. 9 :24 p. m. Judith A. Malfat City Clerk 7