HomeMy WebLinkAboutMin - CC - 1993.04.07535
CAI-,L TO ORDER
A duly noEiced regular meeting of the Burlingame Cj-ty Council washeld on the above date in the City Haff Councif Chambers. The
meeting was ca11ed to order at 7:33 p.m. by Mayor Bud Harrj-son.
COUNCIL PRESENT:
COUNCIL ABSENT :
HARR]SON, KNIGHT, O'MAHONY, PAG],IARO
].,EMB I
The minutes of the Regufar Meeting of March 1-5, 1-993 and the
Study Meet.ing of March 24, L993 were approved unanimously.
PUBLIC COMMENTS
Mayor Harrison announced there were no pubfic hearings tonight
and asked if t.here were any audience comments on other mat.ters.Alex Moissiy, 2612 Hal-e, said it was neats tso begin a meeting withthe pledge of allegiance to the flag; he hadn't done t.hat since
he was in grade school-.
Direct.or of Public Works reviewed his memo of March 30, 1993
which recommended council adopt a resolution to end water ration-ing and direct citizens to observe a 15 percent. vol-untary water
conservation program. On March 23 the San Francisco PUC Eermi-nated its mandatory rationing program and declared the water
emergency over. With the end of rationing, San Francisco Water
Depart.ment (SFWD) also ended bankj-ng of unused allocat.ions. Henoted the cit.izens of Burlingame should be commended for theirdiligence in conserving water as we have been consistently 5 to
10 percent below the 25 percent reduction required by SFWD. Healso noted that without rationing and the purchase of outsidewater the system would have run out of water last fal-f .
Mayor Harrison commended the citizens of Burlingame; he askedthat the restaurants continue to serve water only on request.
Councj-l-woman Knight. thought it important that the hotels notifyv.isitors about the difficuft water situat.ion our Stale continuesto experience; she said it would real-Iy take two winters like theone jusE past to get us over the drought. Council_woman O,Mahonythough! citizens have become wel-l- educated about drought andwater conservation. In response Eo council, staff said buildingcode requires all new toj-l-ets to be low water use. CouncilmanPagliaro remembered the signs about water conservation the cit.yhad distributed to hotels and restaurants, he suggested thesesigns continue to be available for rest.aurants and hotef rooms,and t.hat the hotels be so notified.
Councilwoman O,Mahony moved to adopt RESOL.,UTION 19-93 endingwater rationj-ng with the additional recommendation to writ.ehotels and restaurants about water conservation. Seconded byCouncifman Pag1iaro, carried unanimously 4-0 wit.h CouncilmanLembi being absent.
PETITION F OR STOP SIGNS AT FLORIBUNDA AND ANSEL
Director of Public Works reviewed the memo of March 29 whichrecommended council direct staff. The Traffic commission recom-mended against installing stop signs and suggest.ed the pofice
Department contj-nue to monitor the speed of traffic along Flori_
BURLINGAME, CAI,IFORNIA
April 7, 1993
PLEDGE OF ALLEGIANCE TO THE FI,AG
Led by Clara Crook. Chairman of the Senj-or Commission.
ROLL CALL
MINUTES
RESOLUTION 19-93 _ END]NG WATER RAT]ONING
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APPEAL FOR RELIEF FROM TREE TR MMING CHARGES, 261.2 HALE DRIVE
City Manager reviewed his memo of March 30 which recommended
council make a determination on this request. Al-ex Moissiy
befieved he had been bitled $287 in error and that he saved the
city money by replacing a defective sidewalk. staff reported the
billing is appropriate since excessive roots cutting by Moissiy
made correcEive trimming of the tree necessary to save it '
Alex Moissiy, 2672 Hale, said his sidewafk was raised and sloped
from six liquidamber trees' roots; his small child was always
tripping and falling. waEer settl-ed in 1ow spoEs and became
slippery and mossy; he got a permit to replace sidewalks and was
told to Ealk to the park department about trees; tree j-nspector
said the trees were going to be removed,' he instafled sidewalk
and trimmed roots, then park workers trimmed the tree and later
he received bill; he felt he dj-d Ehe city a favor by replacing
the sj-dewalk which was dangerous and that he should noE have to
pay for tsree trimming .
Councif asked when city would be repairing sj-dewalks in that
area; Moj-ssiy said they are working near the area now, buE he was
told his street was not included. Council noted thats the side-
walk permits which the applicant signed clearly states that he
should notify the park department about trimming large tree
roots; he also agreed to make pa)ments earlj-er. Moissiy sald if
council- would inspect other sidewafk and trees on his street they
would agree with him that the trees are a problem. Council noted
t.he importance of trees Eo our city.
Council-man Pagliaro moved Eo spl-it the tree trimming bi1I.
Seconded by Councilwoman o'Mahony, carried unanimously 4-0 by
voice vote.
WATER PENAIJTY APPEAL 777 MORRELL AVENUE
City Manager reviewed Finance memo of March 5 which recommended
council give direcEion on this appeal of a water billing penalEy
of $753. A letter from Ken Young, President of t.he Morrel-1 Plaza
Condominium Association, requested waiver of the penalty because
of vandalism and a sil-enE toilet l-eak.
Ken Young was present and tol-d council that he had distributed
waEer saving kit.s to aff residents and asked them to check for
leaks. One resident found a toilet 1eak. Additionalfy there
vandal-ism when a sprinkler head was run over during the night
causing , "gusher" on Roflins Road which was reported to the
water department who turned off the waLer. He said they have
history of conservation and underuse of water.
Councilwoman O'Mahony noted this building has a good record.
Councifman Pagliaro said if tshey don't pay the taxpayer would
have to pay, Young said the vandalism was noE something they
could control; he feft they have done a good job conserving
was
a
bunda and Primrose Road; E.hey also suggested additional 25 mph
signs and road markings. The intersection does not meet warrants
for stop sign installation.
Councilwoman O'Mahony said she received frequent complaints about
this area witsh speeding and danger to pedestrians. She was
concerned about the many seniors who live in t.he apartsments; t.he
major problem is speeding; the area was only monitored from 8
a.m. co 5 p.m. In South San Francisco they use a "t.raffic
complaints area" si-gn to warn motorj-sts citations will be issued.
Councilwoman Knight noEed there are Ehree similar uyu int.ersec-
tions on Floribunda so it's difficult to determine where to put
signs; she wondered abouE the littl-e dots on road Eo warn drivers
Eo slow down. Staff said these are good for commercial- areas buts
because tshey make noise there are compl-aints when these are
installed in residential- areas. Councilman Pagliaro joked we
could put up road barriers like Atherton did recently; he sug-
gested we increase speed moniEoring and ask staff to report back
to council in three months. Council- concurred.
537
water. Mayor asked about. any water bank, staff responded bank
]imited to 20,000 galIons, this overuse amounted to 121,500
ga11ons. After moie discussion, Councilwoman o'Mahony moved to"sp1it the penalty with the Association. Seconded by Councilman
elgliaro, carried unanimously 4-o on voice vote'
City Manager reviewed his memo of March 3 and 25 and indicat'ed
couircil hls three options for reconstruction of the library: 1)
issue Certificates of larticipation (CoPs) , 2) vote on general
obtigation bonds or a special tax, or 3) use existing unbudgeted
2 peicent hotel tax for next three years. The city has already
bu-dgeted $5O,oo0 for schematic design of the project which could
take three to four months to complete'
Kris Cannon. president of the Library Board, said the board would
like council's support for reconstructj-on of the library; library
has 80 years of triitory in the city, iE shoufd be top priority,
its structural problems have been identified; she said the
library providei an opportunity for all citj-zens to keep in-
formed, to educate themselves and to be entertained. She hoped
councif would indicate its support for the city's great. library.
FUND IN G OF MAIN IJ IBRARY RECON STRUCT ION
Mayor Harrison was sure council was totally committed to recon-
stiuction. Councilman Pagliaro said the repair is a matter of
safety and something that must be done or we cfose the library;
the dabE service costs of CoPs would j-ncrease the repair cost by
several- million dollars; he didn't Ehink people would voEe
anot.her tax on their property, two school t.axes had been ap-
proved; he said council di.d noE guarantee hotel- tax would be used
tor a convention center which would cost between $40 to $150mill-ion, he thought we shoufd use the 2 percent additional hotel
tax for the 1i-brary and other city services. Councilwoman Knight
had reviewed the minut.es of the meet.ing at which the hotel tax
was raised; those dollars were voted to go into the General Fund;
she thoughts part of the extra 2 percent tax coul-d be used for COP
debt. service; had no objection to using the hotel tax; she
thought we shouLd proceed with Ehe schematic desJ-gn. Councilwom-
an o'Mahony inquired about grant money available; staff responded
and Kris Cannon said she attended a workshop where she was told
there are more requests than there is money available. Council--
woman O'Mahony said she wants the design phase to move ahead; she
mentioned former Mayor Dave Martin who woul-d have wanted to see
Lhe Duncan site used for expansion; she observed the great
diversity of people using the library and was sure citizens
rea11y appreciate the quality of our library,' regarding the hotel
tax, she fel-t the city needs that cushion with uncerLain finan-
cial future and would like it used to help the hotels; she
supported some t)4)e of user tax. Mayor said he had visited the
South San Franclsco Convention Center and was amazed at what that
city had done; woufd not be unslrmpat.hetic to COPs, he would liketo see what. the State does on budget; he supported going ahead
wi.th the design at a cost of $54,000; by the Eime council- has the
design the State shoufd have it.s budget.
A resident. asked council to explain the various financing methods
and the user tax mentj-oned, she was concerned many in the audi-
ence did not. understand. Councilwoman O'Mahony and FinanceDirector further explaj-ned various user Eaxes. Council-woman
Knight said t.he report says t.he library would be demolished, she
assured audience that it would stiff be recognizable as our
current. library; she al-so noted that the baffrooms at both ourHyatt and our Marriott Hotef are larger than the South SanFrancisco Convent ion Center. Council-man Pagliaro said he wasvery opposed t.o changing the exterior appearance of the library;he moved to proceed with design phase and report back to council-in ,June or Jufy. Seconded by Councilwoman O,Mahony. carriedunanimously 4-0 by members present.
USE O F SIDEWALKS FOR TEMPORARY OUT OOR SEATING
Pubfic
mended
Works Director
counci-I direct.
reviewed the memo of March 29 which recom-staff on this proposaf for non-permanent
s38
fixtures placed on public sidewalks. At an earfier meeting thisyear council directed st.af f to fook into allowing outdoor seatingand Eabl-es in the Broadway and Burlingame Avenue business areas.Mayor asked if, for example, Nathan's would be abLe to put tableand chair on California Drive side of business; Council_manPagliaro said al,I he want.s to do is al-l-ow restaurants to put a
Eabl-e and chair outside their restaurant as long as two peopleabreast could pass on the sidewalk without interference; staffsaid the restaurant would be required t.o remove the table andchairs at night.. Councilwoman Knight asked about site like Round
Tabl-e Pizza wit.h it.s high tile waII, she thought councif wastalking about sit.es with front wa11 set back into building.
Council-woman O'Mahony said thj-s would apply onl-y to restauranLs.
Councilman Pagliaro wanted tables within 28 inches of property
lines and clearance of six feet. from table. and that they provideinsurance, It was made cfear that tabfes and chairs on thesidewalk would not change the st.atus of those services which werenot now recognized as food establ-ishments. Karen Key. direct.orof Chamber, said she woufd inform t.he merchants. Mayor directedstaff to bring back to next meeting a revised procedure.
ATUS REPORT ON RHINETTE LOT
City Manager reviewed his memo of March l-8 which reviewed problem
of ground contamination by gasoline; county healt.h department isthe enforcement body for ground contamination and they have beennoE.ified; Lhe adjacent Biscay propert.y had two Lanks removed andthe soil- is being tested at that site. The property at Broadway
and California (the o1d Gasco gasoline station) has an on-going
cl-ean up being conducted by its insurance company. He noted the
cont.aminat.ion will not help safe of Ehe property and Lhe property
has been on the market for four months wi-th no offers. Counci-l--
man Pagl-iaro Lhought. these Ehree pieces of properEy together
might be very aLEract.ive for some form of affordable housing.
City Manager said the City At.torney is very concerned abouE. t.he
clean up of t.hose sites.
Councilwoman Knight asked about the possibility of Eaking tsheproperty off the market for a whife. She moved to take the
Rhinette parking fot off the market. Seconded by Councilwoman
O'Mahony, carried unanimousl-y by members present. City Manager
saj-d the real- estate listing contract onl-y cal-l-s for writtennotice by either party to cancel .
SCHEDULE FOR REVISION OF ZON]NG CODE ON F]-JOOR AREA RATIO (FAR)
Councilman Pagliaro asked for definition of percentage of build-ing which qualifies it as a new house as opposed t.o an after-ation. Staff proposed to bring new legislation to the April 19
meeting for introduction and discussion and a public hearing on
May 3 unless Ehere are many changes proposed at the Aprif 19meeting. Council- asked about measurement or percent.age to
determine whether a building is new or remodeled. Council-woman
O'Mahony mentioned the remodels on Cabrillo and wondered where it
woufd faff in t.he "new" versus "remodel" definition.
CONSENT CALENDAR
Regarding "a" Councilman Pagliaro asked about the o1d concession-aire, regarding 'b' weed abatement, he asked that the lot at Ef
Camino and Burlingame Avenue be cleared, and regarding c BFIrecycling report., it seemed only a small percentage of business
was using the new encl-osures city built, he wondered what per-
centage of restaurants are using them. Staff said BFI report didnot break out restaurants, BFI is also trying to devefop private
recycling programs in large buildings l-ike the Burlingame Bank.
RESOLUTION 2O-93 - AUTHORIZING CONTRACT WITH BURLINGAME
YOUTH BASEBALL ASSOCIATION TO OPERATE CONCESSION STAND AT
BAYSIDE PARK
RecreaEion Director's memo of March 15 recommended council
approve an agreement lvith BYBA to operate t.he concessionstand at Bayside Park for a charge of $500 per year.
a
539
b RESO roN 21-93 DECLARING WEEDS AND RUBBISH A NU SANCE
AND S TTING A LIC HEARIN G FOR MAY 3 CP 93031993
CL ING SRE
d RESOL roN 22-93 DECLARING I NTENTION TO E STABLISH 1 9 93-9 4
Public Works memo of March 23 recommended council adopt the
resolution declaring weed.s and rubbj-sh a public nuisance and
set a hearing for May 3. ProperLy wifl be posted and owners
can object at tshat hearing.
ASSES SMENTS FOR THE BROAD AREA BUSINESS ]ROVEMENT
City Manager's memo of March 19 recommended council accepts
the-propoied budget for the Broadway BID for 1993-94 which
is not changed for this yearrs boundaries, assessments or
classifications and set a hearing for t.he May 3 meetj-ng.
I TRl CT
IAL OF MARY PE
City Attorney's memo of
this c1a j-m for injuries
March 30 recommended council deny
in a parking strip at 1121 Doug]as.
e
Councifwoman O'Mahony moved approval of the Consent Calendar.
Seconded by Counci.lman Pagliaro and carried unanimously.
COUNCI COMMITTEE REPORT s
TSM: Council-woman Knight reported TSM is asking each city to
l-ook at increasing density and parking in t.he transporEaEion
corridor; SamTrans is studying smafler buses for residential-
areas. Crimj-nal Justice: a representative from East Palo AIto
shoul-d be appointed. She attended the opening day of Little
League. I-.,egislative Committee is asking we endorse a bill to
strengthen the Environmental process, they al-so are discussing
Senator Kopp's airport noise bill and affordable housing legisla-
tion.
Emergency Services: Council-woman O'Mahony said this group is
reducing its meetings from four to two a year.
Convention Bureau: Mayor was on the sel-ection commitEee for the
new and well qualified director. He mentioned a news article
about affordable housing in Burlingame and Hillsborough. Coun-
cilman Pagliaro Ehought Hillsborough might have affordable
housing in its units for household he1p.
Council-man Pagliaro noted another complaint about litter on thebayfront. City Manager said the Park Department is now makingquarterl-y inspections of the area but the city could not consi.derclearing if below the high t.ide 1ine.
Councilwoman Knight mentioned a letter to editor about bad sme1lat Bayside Park next to the wastewater Ereatment pl-ant. Public
Works Director said part of the reconstruction contract is anodor reduction unit which shoufd be in operation shortfy.
Smoking: Mayor asked if the Lions Half could be exempted fromthe smoking laws because it rents t.o private parties, as a city
owned buil-ding it is required to be non-smoking. After somediscussion, Mayor continued to another meeting.
c.
Finance Director's memo of March 30 recommended council-
accept the report from BFI .
OLD BUSINESS
Councilwoman o'Mahony said the parking lot at Howard and Park isfuff of weeds and rubbish and she had received complaints aboutthe condition of the sidewalk on Bayswater.
540
NEW BUSINESS
Mayor Harrison appointed Councilwoman O,Mahony as alt.ernateC/CAG. He also appointed David t'ew as second al-ternat.e toAirport Roundt.able,
to
the
Homeless: Mayor mentioned the
Homeless Fund and lack of citythe $7,000 our city donated tothis year.
San MaE.eo Times article on thesupport; he wrote the editor aboutthe homefess and wint.er shel-ter
RESOLUTION 23-93 IN OPPOSITION TO PROPOSED CUTS IN LOCAL FUNDS
BY THE STATE LEGISLATURE
Mayor Harrison mentioned a f et.t.er from ABAG asking cities
adopt a sampl-e resolution opposing Stat.e cuts to cities.
concurred .
to
Counci l-
Grade Separation: Mayor and staff had met. with San Mateo,s mayor
and staff regarding San Mateo's grade separation project andpossibility of extending it to Burlingame.
KNOWLEDGEMENTS
a
Department Reports: Building Inspectorrs, February 1993.
Mayor was pleased with the Building report.
Procfamations: Professionaf Secretaries week and Day;
National I.,ibrary Week .
Letter from Marvin Bfoom, MD, regarding condition of bayfront path and response from City Manager.
L.,etEer from Mayor of Garden Grove regarding a proposedpetition to guarantee tax revenue to cities.
I-.,etter from IndependenE Cities Association and City of
Alhambra regarding a suiE challenging State Budget process.
Let.ters from Bernard Transano and Richard Schwart.z, MD,regarding the FAR meeting.
Lett.er from Bert. Pet.ers regarding traffic hazards around
Broadway and 101.
Commission Minutes: Broadway BID,ation, March 18; Senior, March 18;
Planning, '!(arc}:L 22, 1993 .
March 9; Park and Recre-Library Board, March 15;
b
C
d
f
s
h
Counci] adjourned to a closed session at 9147Civil Service Commission's decision to modify
missal- of an employee.
p.m
the
Eo review the
proposed dis -
Clty Manager announced council woufd reconvene to announce itsdecision.
DECISION TO REVERSE CTVTL SERV CE COMMISSION ACTION TO MODIFY
Council reconvened at 10:45 p.m. and Mayor Harrison announced the
unanimous 4-0 decisi-on to reverse the March 9 Civil Servicedecision and tso uphold the City Manager and Pubfic Works Direc-tor's decision to dismiss Automotive Mechanic Dan Pautenis. TheActing City Attorney was directed to prepare a resolut.ion withfindings for city councif act.ion on April l-9, f993. The councifalso direcLed the city arrange for palrment of the remediaf
Public Works Director reported staff is trying to get federalfunding for improvements. Ca1trans is upgrading the int.erchangein a couple years and iE will- include pedestrian wafks andcrossings. Mayor asked staff write to Peters.
CLOSED SESSION - PERSONNEL
DISMISSAL OF EMPLOYEE
AD,JOURNMENT
The meeting was adjourned at 10:50 p.m.
541
program in which the emptoyee is participating subject to satis-
facEory completion. Keith Uriarte, the employee's representa-
tive, isked if the councif will be addressing Ehe reasons for its
decisj-on. Mayor Harrison indicated thaL the attorney will
prepare findings for council's adoption at the next meeting.
Judith A. Malfat
City Clerk