HomeMy WebLinkAboutMin - CC - 1993.03.15522
BURLINGAME, CALIFORNIA
March 15, 1993
CAL]-, TO ORDER
A duly noticed regular meeting of the Burlingame City Council was
held on the above date in the City HaII Council Chambers. The
meeting was called to order at 7232 p.m. by Mayor Bud Harrison.
PLEDGE OF AI,I,EGIANCE TO THE FLAG
Led by Sandy Burnett, reporter for the San Mateo Times.
ROLL CA],I,
COUNCIL PRESENT:
COUNCIL ABSENT:
MINUTES
The minutes of the Regular Meeting of
on page 4 regarding C/CAG discussion
Councilwoman O'Mahony moved approval,
and carried unanimously.
HARRISON, KNIGHT, LEMB], O'MAHONY, PAGLIARO
NONE
March 1, 1993 were changed
to delete the last line.
second by Councilman Lembi
PUBIJIC HEAITING - SECOND READING - ORDINAI{CE 1481 - REVISING
SMOKING CONTROI,S
Mayor Harrison asked the City At.torney to review his memo of
February 22 and also to read sections of the proposed ordinance
to cl-arify for the audience the scope of the new 1aw. City
Attorney said the new ordinance includes changes suggested at, the
first reading on March 1; it prohibits smoking in all work places
and businesses except hotels and bars; all restaurants will be no
smoking - t.he prior exemption of hotel restaurants has been
removed; bars and private assembly rooms for private functions
are exempt as are private residences; all common areas and ha1ls
in multiple residences are no smoking but the private apartments
are exempt. He noted an earlier exemption for retail tobacco
stores had been omitted and he suggested council reinsert that
exemption into the ordinance.
Council reviewed some further clarifications in the ordinance and
an exemption for retail tobacco shops; discussed bars which serve
food, senior projects, service clubs. Mayor Harrison noted a
letter opposing this ordinance addressed to Mayor Barton from
four hotel managers and at least one of the managers knew nothing
about that letter, others had seen a draft although none had
signed it; Mayor said he and aII council members had received
many cal-Is and letters regarding this issue and today the city
haII had recorded many ca11s, most citizens are in favor; he said
we are atl aware of the problems caused by smoking, council had
received books from agenci-es like the Cancer Society and the Lung
Association; he urged speakers to limit their comments and asked
to hear from the hotel managers first; he noted speakers may be
limited to three minute each.
Mayor Harrison opened the public hearing.
Stan Moore, manager of Marriott and also representing county
restaurants, was not in favor of the ordinance prohibiting
smoking in restaurants, he showed several- overhead charts of
hotel catering revenues, particularly for Asian customers who
tend to be smokers and a major market for his hotel; he feared if
this ordinance were adopted that clientele woul-d be lost to other
cities and his hotel and the city would lose revenue. Councilman
Pagliaro pointed out that several Asian airlines have now gone
non-smoking and Japan's public transportation system is non-
smoking; restaurant workers are endangered by smoking customers
and he was sure Moore was concerned about his employees' health;
we are talking about life and death. He found it hard to believe
that a person who flew all the way from Hong Kong on a non-
523
smoking flight would refuse to come to Burlingame because its
resLaurants are non-smoking. Moore said he would prefer to give
the customer the choice of smoking or non-smoking.
Roxy Stone, Hyatt hotel, reviewed revenues for her hotel; smoking
is a matter of choice; they are looking at a possible 20-30
percent loss of business; this would result in job losses, she
hoped council would not adopt this ordinance. Councilman Lembi
reminded her that the ordinance would not regulate smoking in the
hotel areas other than resLaurants.
Bruce Carlton, Doubletree Hotel manager, estimated they make
$800,000 per year on the Asian market; there was potential for
loss of this revenue with subsequent loss to city's hotel tax re-
ceipts; he deals with a travel agent in Taiwan who said his
clients would go elsewhere; he cited the Beverly Hi11s ordinance
which caused 40 percent loss of business to resLaurants and was
repealed; with San Francisco Airport expansion we will have more
Asian travelers and this ordinance will put city at disadvantage.
Dan McHale, manager of Ramada and President of Chamber of Com-
merce, t.hanked council for the open process during study of t.hisproposal; he said the business community was not opposed to this
but he hoped the council would not. impact hotels; showed chart of
city revenues with 18 percent of city budget being hotel- taxes;
he feared serious repercussions for hotels and restaurants.
Stan C1ark, Burlingame Drug, was in favor and mentioned his store
has remedies for those who want to quit smoking. Pet.e Campanile,
Tower De1i, clarified that hotel restaurants cannot have smok-ing - he was glad council was not breaking the city up into areas
which can or cannot smoke - but he noted retail business is down
and this might scare people away; Broadway area depends on hote1
business, he did not favor it. 'Jean Al1en, Sanchez Avenue, said
she has buried four family members who smoked, she stronglyfavored it. Elizabeth Voight, used to be a bartender but had toquit because of heart problems she believed were caused by
exposure to constant second hand smoke; she has filed suit
against Marriott Hot,e1 for this exposure. Jim Ham, a vending
company representative was opposed to ordinance, he would l-ose 20percent of his work force; reviewed sales tax dollars which maybe lost.; he urged disapproval. ,Jean Adl-er, resident, has asthma
and has difficulty going to restaurants with smoking; she sug-gested restaurants and hotels have si-gn stating they have "deluxeoutdoor smoking areas" available. Terry O'Brien, San Bruno, saj-dstudies show there was no decrease in restaurant use with a
smoking ban. Howard Moore, rrI,ost Chord Club'r of San Mateo, saidhe is a laryngectomy patient and strongly supports a smoking ban;
he wondered, after seeing all the economic chart.s, if this is an
economic issue or a health issue; it should be a heal-th issue.
Mary Hobbs, Mi11s Peninsula Hospital, representing the Tobacco
Educat,ion Coalition, supported the ordinance and noted we have
heard about the dollars invol-ved and about smokers' rights, butcouncil musL remember that smoking kil1s and disables adults andthat children are most strongly affected; smokers' illnesses costbusiness $4,000 per year per employee, she urged council toprotect workers from second hand smoke. Larry Lyons, officecouncil, questioned who would enforce this and what are penal-ties, where are funds for t.hi-s enforcement; he preferred to l-et
each office det.ermine whether it is smoking or non-smoking.
Mayor informed him that. penalties are addressed in another partof the city code, it would be $100 for violations. Ron Karp,resident, thanked council for considering the hotels which are amajor money maker in city, he suggested a sunset clause to reviewthe effects on hotel business. Rudy Co1e, Beverly Hi1ls, repre-senting RSVP Restaurant Association, and formerly direct.or of theBeverly Hills RestauranL Association, he reviewed problems thatBeverly Hi1ls had with its smoking ordinance, after seven monthsit was repealed,' not just restaurants but a1l- retail businesssuffered,' canrt compare exposure to second hand smoke in restau-rants with exposure at home; there were enforcement problems inthe city; noted fewer people are smoking now and t.hat the "bestgovernment is one which governs least. " Councilman Pagliaro
asked why CoJ-e was at this meeting; Col-e responded he was asked
524
to altend by a friend with vending company, he was not represent-
ing tobacco companies, he was in the area on business. ,.Tim
Cannon, school board president, noted Ehey had prohibited smoking
a couple years ago; Ehanked council- and said our children are
watching us to see if we practsice what we preach. Eml1 Wynn,
Paloma Avenue, was a smoker and said the city now has some non-
smoking restaurantss, he would noE go to them, he enjoys cigaret.te
wiEh meal at breakfast shop, the or^rner says many patrons smoke;
smokers have rights, he strongly opposed. Carolyn Root, resi-
dent, commended council for considering this j-ssue; it appears
the Stsate is heading in same direction; she would like tso see
smoking banned from any indoor area; San Francisco Airport now
has glissed-in smoking rooms. Edna Mae Campanile, Tower DeIi,
spoke for restauranE owners who opposed this ordinance. ,Jj-m
t"turray, resident, said his wife died of lung cancer after smoking
many years; smokers are gambling wit.h their lives; believed it is
our dutsy t.o protect our children. Paul sivley, Mayor of San
Carlos, thanked Burlingame for taking the lead in this pubJ-ic
health issue; his city j-s currentl-y studying a smoking ordinance
that may ban smoking in restauranEs, bars and work pfaces; he
encouraged council- Eo adopt.
Mayor Harrison cl-osed the public hearing.
Regarding retail- tobacco store exemption, majority of council
approved Eo add Ehat to ordinance. Council again reviewed the
cllrifications tal-ked about earlier. Councilman Pagliaro thanked
Mayor Sivley for appearing tonight; he noted all adjacent cities
are considering some Eype of smoking l-aw and Burl ingame was Ehe
first to consider it; he agreed wj-th Jim Murray, we need to
protects our children. Council-woman Knight strongly agreed, many,
many non-smokers wifl be glad Eo come to Burlingame; after
neverly HilIs repeal-ed j-tss ordj-nance Ehe restaurant business did
not increase; our hotels mention the airport expansion buE t.hat
is a long way off. Councilwoman o'Mahony told of impacts smoking
has on life; she was concerned for the hotels buE wanted to leave
restaurant ban in ordinance; smokers in hotels have oEher areas
of hoEel open Eo them. Councifman I-,embi said as representatsive
to the San Mateo County Convention Bureau he was also concerned
abouts hote] impact and initially asked to excl-ude hoEels from ban
but had talked to some hotel- managers and they Ehought it hypo-
critsical to exclude; as businessman and teacher he is concerned
about hea]th issues and as council- member he had Eaken an oath tso
protect the citsizens; he was sure the hotels would make iE clear
that private meeting facilities are open to smoking, this only
affect.s restauranEs in the hotels; he suggestsed Ehe hotel-s report
to council at. the end of t.he year on the effect of t.his ordinance
on busj-ness. Mayor Harrison said Ehough he and Councilman
Pagliaro wear differenE political hats they shared the same views
on this issue; based on evidence councj-l received and heard he
supported this ordinance .
Councilman Pagliaro moved to adopE ORDINANCE 1481- witsh amendmentss
mentioned tonight. and additionally that the hotels reports to
council at the first meeting in 1-994 on the effecE of this
ordinance on tsheir business. Seconded by Councilwoman Knights,
carried unanimously by ro11 call vote.
Mayor Harrison caIled for a recess at 9:28 p.m. The meeting
reconvened at 9:45 p.m. with af l- members present.
ING . APPEA], F AL PERMITS TO BUI
HOUSE TO BE USED FOR LIVING PURPOSES AT 1.341 CO UMBUS RESOLU-
TION 15_93 APPROVING SAME
City Planner reviewed her memo of March 9 which recommended
council- hold a public hearing and take action. The applicants,
Carol Windsor and Jim Wel1s, are requesting four use permits Eo
demolish an existing pool mechanical- room (58 SF [square foot] )
and fanai (288 SF) and replace it with a new 378 SF pool house
containing bathroom wit.h toilet, sink and shower. The site
already contains a 473 SF detached garage with t.oileE and sink
and second ffoor recreation room. Special use permits are
required for (1) two accessory structures over 100 SF, (2) totaf
525
accessory structures exceed 800 SF, (3) shower and toilet in
accessory structure, and (4) accessory struct.ure used for acces-
sory living quarEers. The Windsor-Weffs want these permits in
order to provide separate living quarters for a full-time care
person for their severely disabled young daughter Hope who
presently l-ives in a Watsonvil-l-e care faciliEy. The Pl-anning
Commission voted 4-2 to approve the permits and noted there are
no kitchen facilities in the structure. parking is not. an issue
and the properLy is much larger than adjacent Lots. In 1991- the
applicants made a similar applicaLion which also incl-uded need
for a setback variance and which was denied and not appealed.
Three neighbors appealed the approval of the present project.
St.af f responded Eo councif questions about the height of struc-
Lures on the siEe, recording of use permit conditions with deeds.
and definiEion of bedroom. Councilman Lembi commenEed the city
wil-1 need to address defining bedrooms in the future. Mayor
Harrison tofd the audience that councif members had read the many
letters received, reviewed the plans and visited the site. He
opened the public hearing and said because of the late hour
speakers would be Limited to Ehree minutes each.
Louis De11 'Ange1a, plannlng consuftant for applicants, said
finding in favor would help bring this famlly together; t.his use
is permitted in R-1 zone subject to a special use permit; it is
not a second or granny unit; Ehe child needs to come home and her
caregiver needs to have privacy; he reviewed findings for approv-
al- of these permiEs, it complies with al-I codes, is not detrimen-
tal- to neighbors because the buifding already exists, property is
very large over 9,000 SF, 1ot coverage is low and the applicants
agree with af1 condit j-ons except that the owner would like to
address council on condition 5. Councilman Pagliaro asked how
the child woufd be protecEed from the poof. Dell 'Angela said
Wefls is planning to fandscape the pool area and the child is
unable to move without the aid of another person.
Carol Windsor, applicant, said Hope is 9 years old and has
cerebral pa1sy, she has lived away from home and the family makes
a four hour trip to visit her each weekend; she has developed
beyond expectations. the family needs her at home and Hope needs
t.o be home wj-th her family; she has had several surgeries and
needs to exercise in the pool , she has no access Eo a pool where
she l-ives now; Ehey are under no ill-usions abouE the dif ficul-t
changes this will bring t.o the famil-y; she noted the pool is up
13 steps and Hope has to be carried up the steps; burnout is a
great hazard to caregivers, Ehey must have some time away, some
privacy; asked approval so they can bring Hope home.
The project architecE explaj-ned the new sEructure which wil-1 be
same styl-e as main house; they looked at alternatives such as
building over the garage but chifd cannot use stairs; the project
will meet all code requirements and wiff be safer; it will be 13
feet tall-. St.af f noted Pl-anning Commission approved 12 foot.
height. He responded to council questions.
Jim We11s, applicant, said they woufd like to stay in Burlingame
but need Lo bring their daughter home; lhe new structure will- be
more atEractive and safer, chil-d will not live in that strucEure,just caregiver; most nej-ghbors support this project; others have
concern about rental unit but condition 7 covers this,' he was
sure neighbors would report any violation of the conditions;
regarding condition 5 requj.ring the pool house be converted to an
open lanai in 10 years, he would l-j-ke to increase the time of
that condition because Hope may live at home for many years and
will always need caregiver, he would also like to keep t.he toilet
in building when converted back Eo fanai but agreed to remova1 of
the shower.
others speaking in favor: ,fi1l Seiler-Moon, 1357 Colurnbus i Tony
Kossiakoff, 1020 cort ez; Waldo Hinshaw, 1359 Columbus i Donna
Price, 1712 Easton; 'Jean Ad1er, 2111 Easton; Richard Kirchner.
141-2 Bernal; Peter Wantuch, 1350 Cofumbusi Janet Prey Wo1fe, 1360
Columbus; ,Jennifer Kennedy, PARCA representative; Ralph Ost.erli-
ng. 1351 Columbus; .Toan woods, 1L32 Hamil-ton; Nina Weif, 1520
Councilman Lembi said he was very emotionally involved reviewingthis issue; he also is concerned about the direction people aretaking in this t.own, they are not finding out the facts; he hasthree chil-dren incl-uding a 9 year o1d daughter, we have an
opport.unity to bring this family toget.heri this is not a granny
unit or second uniE, it does not need a variance; it would notaffect any property values; council considers each project
separately; regarding condition 5, he feft there should be no
Eime l-imit to change back to a lanai, iE. shoufd go inEo effect
when the chil,d leaves. Councilman Pagliaro suggested condition 5
shoul-d read, when chifd feaves or caretaker is no lonqer neededor the property is so1d. Council-woman Knight had agoiized over
this issue; this situation has far reaching consequences; ques-
tj-on is woufd denial keep the fanily from bringing child home,
the answer is no; the project does not conform to General P1an.
Mayor Harrison said it is not a second unit, it's an accessory
526
Balboa; Tom Tidwell-, f4l3 Bernal; ,Jane Trainor, 2400 Poppy;
Michael Bel-anger, Golden Gate Regional Center; Mike Hal-1, someone
who was familiar with site. some comments: neighbors needs to
care abouts each other; ciLy will have means of enforcing Ehe
conditions,' haEe Eo lose the Windsor-We11s family; quieter having
caregiver E.han three Eeenagers at site; a physical therapisL
firmly supported need for separate quarters; citizens are con-
cerned about oversize houses but Ehis project does not appfy;
need tso provide housing for domestic help and caregivers; have a
disabled child and hire a new caregiver every eight. months
because of no separation from the family; these children need
intensive care, caregivers are not baby sitters, they need time
away and privacy or they burn out; need to brj-ng this child home.
she needs her family and Ehey need her; caregiving is a truly
difficult job; lost a handicapped child, familiar with needs of
caregiver, separate quarters are criticaf and this is greaE plan;
L.his structure is already there. t.hey are making it betster and
meeting code requirements; they urged approval .
Those speaking againsE: ,Jane Sears, 2312 Easton, presented a
petition signed by 150 people in opposition and fetters and
photos; Nick Germano, 2304 Easton; Ronal-d Durkee, 1353 Columbus,
Herberts Tanner, 1345 Cofumbus; Rhonda de 1a Parra, 151-5 Hillside;
Efizabeth Beaulaurier, 146 El-m; Mary Carson, L200 Lincoln;
Paul-ine McGowan, 1401- Vancouver. some commenEs: also want to
see Hope brought home but the issue j-s making pool house a second
unit; this is i1Iega1 in n-t; impacting nej-ghbors and increasing
outdoor activity; hear everything from that yard. wil-L be more
disruptsive; if allowed, opens city to more requests like this;
t.here is an al-Eernative - add on to famj,ly roomi have handicapped
sister and raised her at home with no help in two bedroom home,'
caregiver can l-ive in her own home and drive Eo work; san Carl-os
has al-l-owed second units only if attached to main home; adding to
family room will not l-imit access to garden and l-oss of view
would not be significanE because garage al-ready is close; project
has al-l- util-ities and no parking; urged denial .
DeI1'AngeJ-a responded the whole issue is whet.her this is a granny
unit; it is not a second unit because there is no kitschen and
they are not asking to undermine zoning code; if the building
sEays whole and is not converted back to l-anai it would bequieter; Planning Commission approved Ehis, he hoped council
would do likewise. Councilwoman O'Mahony asked about Hope
sleeping downstairs with caregiver sleeping outside; she thoughtthe study could be used as a bedroom. Carol Windsor replied E.hey
are not asking the caregiver to give round-the-c1ock care, E.hefamily wil-l- care for Hope at night; Hope will attend a school;the caregiver wil-I get her ready for school , care for her after
school unt.i1 5 or 7:00 p.m.
The hearing was closed.
Mayor Harrison said the pet.it.ion presented was opposing a second
house on l-ot in R-1 zone which is incorrect; a few weeks ago
another group circulat.ed a "hit piece' regarding another issuewith simifar misinformaEion; thj-s is not a second house in R-1
zone.
527
structure. Councilwoman O'Mahony saw no reason why they could
not add a suite to t.he ground floor for the caregiver, if ap-
proved we are giving the wrong message to residents; she would
vote against this. Councilman Lembi said this is an existing
pool house, same size, structure is being brought up to code; the
deed rest.rictions protect the neighbors. Mayor Harrison said he
was pleased to have had the opportunity to meet Hope last week-
end; he would approve this project for same reasons Lembi brought
up.
Councilman Lembi moved to uphold the Planning Commission with a
change to condition 5 that when the child is no longer a resi-
dent, Lhe care provider is no longer needed or t.he house is sold,
the shower shall be removed and the pool house sha1l be converted
to an open lanai. Seconded by Councilman Pagliaro. The motion
carried 3-2 on ro11 call vote, Councifwomen Knight and O'Mahony
voting no.
Mayor Harrison calIed for another recess at 11:35
meeting reconvened at 1-L:43 p.m. He said council
midnight and continue the remaining agenda items.
Mayor Harrison opened the public hearing.
Frank Lee, representing the owner and ma.nager
who were also present, said thej-r business is
also own a restaurant in San Francisco; they
activity until they get a permit; they would
p.m. The
may adjourn at
PUBL]C HEARING - AMUSEMENT PERMIT FOR WOMENIS O]L WRESTLING AT
ROUTE 66 - 251 CAL]FORNIA DRIVE - DENIED
City Attorney reviewed hj-s memo of March 1 which recommended
council hold a hearing and take action. Route 66 has applied for
female oil wrestling; city departments were requested to comment
on the proposal and the Pol-ice and Planning Departments respond-
ed. An officer went to a show by the same promoter in another
city advertised as ladies oil wrestling; he observed topless
dancing instead of the advert.ised event. Route 66 has a serious
hazardous activity level and it is possible that a crowd Iarger
than their estimated 50 would attend which would result in a more
boisterous crowd and add to police problems. The Planning
Department describes parking problems in the area; council
recently denied a request for a theater at the adjacent property
because of parking intensity and traffic. City Attorney recom-
mended denial because the activity is adult entertainment, it
could attract more customers which would add to police problems
and t.he area is short on parking and heavy on traffic and addi-
tional cusLomers would exacerbate the problem.
Mayor Harrison opened the public hearing. There were no commenLs
and the hearing was closed.
Council-man Lembi agreed with the attorney, he l-ives nearby and
passes the site while walking, he often sees police at the site
and the parking 1ot adjacent; he moved to deny the request.
Seconded by Councilwoman O'Mahony and carried unanimously. A
representative of Route 55 was in the audience and said thepolice also come to another business in area, not just Route 65.
PUBL]C HEAR]NG - AMUSEMENT PERMIT FOR A KAR]OK] BAR AT EMPRESS
COURT - 433 A]RPORT BOULEVARD - DEN]ED
City Attorney reviewed his memo of March 9 which recommended
council hold a public hearing and take act.ion. The owners of
Empress Court (formerly Kee ,Joon's) are requesting a karioki bar
where customers sing along with music videos. Departments were
asked to comment and the police report that there has been
considerable hazardous activity at this site since January L992.
The hazard caIls appear to be Asian gnag related. The current
owners bought the property in August 1992 and the karioki bar was
already in existence without a permit. He said if an amusement
permlt had been obtained in January L992r we would probably be
revoking it based on the police activity. He recommended denial.
of Empress Court_
doing well, they
frave stopped the
like to have a
s28
membership only Karioki bar, then they cou1d better cont.rol who
attendsi they would hire extra security for garage and parking
fot, three guards upst.airs and three downstairs; they think
parking 1ot problems are not from custsomers but from passing
traffic; tshey have already asked the building owner to instaff
better lighEing in the parking 1ot; they asked for an opportunity
t.o make this work for 90-1-20 days. Council discussed concerns
with l-,ee and applicants abouts gang activity, Karioki- seems to
attract Asian gangs; concerned abou! concentrating our police in
that area.
Mayor Harrison closed the public hearing.
Councilwoman Knight moved Eo deny the permit. Seconded by
Council-woman o'Mahony and carried unanimously.
PUB],IC HE TNG SECOND READING ORD INANCE 1480 A]-,,ARM SYS TEM
PERMIT REOUIREMENTS AND RESO].,UTION 17-93 REVISING FALSE
AI,,ARM FEES
Cit.y Manager reviewed his memo of March 2 which recommended
councif hold a public hearing and take action. on February 1
councj-l concurred wit.h the police chief's recommendation that we
revise our a1arm ordinance to require an annual permit and
increase our false al-arm fee schedul-e. The purpose is tso reduce
our 1,800 fal-se alarm responses annua]Iy and to assist in recov-
ering a portion of police response costs. The proposed alarm
system permit woufd cost $25 per year and all-ow for up to two
false alarms free of costs. From 3-5 false afarms would be
charged $50 each and six or more woufd be charged $100 each.
This coul-d generate up to $50,000 annuaLl-y in new revenue.
Mayor Harrison opened the public hearing. There being no com-
ments, the hearing was closed.
Council-woman O'Mahony moved adoption of oRDINANCE l-480 and
RESOLUTIoN !7-93 regarding false a]arm fees. Seconded by Coun-
cilman Lembi and carried unanimously.
FUND ING OF MAIN LIBRARY CONSTRUCT ION CONT ]NUED
After discussion, Mayor Harrison directed this
to the next meeting. Council woufd afso like
Ripley report again.
Eo beto see
carried overthe second
INTERNAI-, REFINANCING OF 1983 CERTIFICATES OF PARTICIPATION ( COPS )
Cit.y Treasurer and Finance Director's memo of March 5 recommended
councif authorize sEaff to redeem the remaining $1,820,000 COPs
usj-ng idle city cash. In 1983 the city issued $3.5 million in
COPs for wastewaEer treatment plant improvements. This l-5 year
issue carries interest rates of 8.5 to 8.75 percent for Ehe
remaining five years. The current market is around 5 percent.
An analysis indicates that we can save 5228,432 if we redeem the
issue wiEh avail-able cash. It is proposed Ehat the cash be
borrowed from the Water Fund and Self Insurance Fund. The Sewer
Fund would then repay the loan using the city's average invest-
ment yield to compuEe Ehe inEerest payment and interest woul-d be
credited to the General Fund. Orrick, Herrington and SuEcliffe,
our bond counsel for the 1991 issue. will prepare the necessary
1ega1 documents at a cost of about $5.000.
Councilwoman O'Mahony moved to approve refinancing. Seconded by
Councifwoman Knight and carried unanimously.
USE O F S I DEWA]-,KS FOR TEMPORARY OUTDOOR SEATING CONTINUED
Mayor Harrison put this issue over to the next meeting. Councif
asked for clarification of the report. Councilman Pagliaro said
what he proposed was to al-l-ow restaurants to puE one or two smaff
tabfes on the sidewalk fronting t.heir store if sufficient room
was allowed for passage of pedestrians.
PUBLIC COMMENTS None.
529
a RESOI-,UT]ON 18 - 93 ACCEPTING INGRESS /EGRE S EASEMENT TO
PARKING LOT D FROM 1218 BURLINGA]VIE AVENUE
Public Works memo of March 10 recommended councif accept
this easement from L278-f230 Burlingame Avenue property
owners as a condiEion of the approvaL of their siEe redevel-
opment. This is a 100 foots by 8.58 foot access easement to
Parking I-.,ot D from Donnelly Avenue which has been in use for
many years.
b. WARRANTS AND PAYROLL
Finance Director recommended approval- of Warrants 253LL -
25722, duly audited, in the amount of 5797,824.41- and Pay-
rolf warrants 54383 - 55a2L for the month of February 1993
in the amount of $1,138,371.50.
Councilman Lembj- moved approval of the Consent Calendar.
ed by Councilwoman orMahony, carried unanimously by voice
COIINCII., COMMITTEE REPOR None .TS-
Second-
votse .
refief
in-
NEW BUSINESS - None.
ACKNOW]-,EDGEMENTS
Commission Minutes: I-,ibrary Board, February 15; Broadway
BID Board, ,fanuary 12 and 27, ar,d February 19; Civil Ser-vice, Febru ary 9, 1993.
Department Reports:
February 28, 1993.
Police, February 1993; Treasurer.
Letter from Victor Subbotin encouraging a maximum FAR.
I.,etter from Jay Winters regarding sewer j-nstallation at
834 Walnut and response from Public Works.
a
b
Letter from Afexander Moissiy, 251-2 Hafe, requesting
from t.ree trimming charge after he cut tree roots and
sE.af led sidewalk .
Mayor Harrison scheduLed considerat.ion of this letter at the next.
meeting.
f IJetter from Mark Strem with vari-ous
ments near his home .
suggestions for improve-
COMMISS]ON APPOINTMENTS
City Managerrs memo of March 8 recommended council take action.
There were three applicants (j-ncluding two incumbents) for two
positions on the Planning Commission, two incumbent's applicants
for t.wo posiEions on the Senior Commission, and no applicants for
one position on the Civil Service Commj-ssion.
Councilman L.,embi moved to reappoint the j-ncumbents to Planning
and Senior Commissions and to extend the application perj-od for
another 30 days for the Civil Service position. Seconded by
Councilwoman Knight, carried unanimously.
REVIEW C]VII, SERVICE DECISION TO MODIFY PROPOSED DISMISSAL OF
EMPLOYEE - CONT]NUED
Mayor Harrison continued this item to Ehe nexE meeti.ng.
CONSENT CAI,ENDAR
OLD BUSINESS
Housing Element: Mayor Harrison set May 5, 1993 as the date for
Lhe second workshop on the Housing Element update.
c.
d.
s30
Mayor Harrison asked thaE both the Beautification and the Traffic
Commi-ssions consider Strem's ideas.
ADJOURNMENT IN MEMORY OF HAZEL SMITH AND ]-,EO GEORGETTI
Mayor Harrison noted with regret the passing of Hazel Smith.
mother of L.,ibrary Board TrusEee 'Jane Taylor, and Leo Georgetti,
uncl-e of Council-man Lembi. AfEer a moment of silence in their
memory the meeting was adjourned at 12:24 p.m.
Judith A. Ma
City Clerk
ri