HomeMy WebLinkAboutMin - CC - 1993.07.07575
BURI,INGNIIE, CALIFORNIA
,Ju1y 7, 1993
CALL TO ORDER
A duly noticed regular meeting of the Burlingame Cj-ty Council was
hel-d on the above date in the CiLy HaIl Council Chambers. The
meeEing was ca11ed to order aE 7:31 p.m. by Mayor Bud Harrison.
COUNCTI,, PRESENT:
COUNCI]-, ABSENT :
HARRISON, KNIGHT, LEMBI, O'MAHONY
PAGI,IARO
MINUTES
The minutses of the Regular Meeting of
unanimously on motion of Councilwoman
cilwoman Knight .
,fune 21, 1993 were approved
o'Mahony, second by Coun-
Mayor Harrison stated he received a verbaf request from the
property owner to withdraw this appeal . City AtEorney not.ed the
Planning Commission denied this reguest and, with the withdrawal ,that decision stands.
PUBL]C HEARING RESOLUTION 44-93 APPROV]NG DRAFT NAT I ONAL
POLLUTION DISCIARGE EI,IMINATI ON SYSTEM (NPDES) PROGRAM
City Manager reviewed his memo of ,June 28, 1993 which recommended
council approve the draft "storm water management pl-an" and
request the county coffect a $1.50 per parcel tax to fund theprogram. The cit.y also has the opt.ion to directfy pay Burling-
ame's share ($]-2,270], from sewer service or general fund. The
EPA has imposed regulations that mandat.e local government to
control and reduce the amount of storm water pollutant. runoff
inEo the creeks and the bay. In 1991 cities and the county
formed a technical advisory committee to develop a plan and hired
a consultant to prepare Ehe draft. fn ,June l-993 !,re approved an
amendment. Eo the C/CAG agreement for that. body to oversee imple-
mentation of the program. This is a five year plan includingpublic information, city maintenance acEivitsies, new development
and construction slEe conErol, control of pollutants from busi-
ness and industry, identification and elimination of illicit
discharges and collaborative moniEoring. The budgeE for t.hefirst year of Ehe program county-wide is $355,000 and Burling-
amef s share is $1"2,270, Tn ]-994-95 the county-wide cost is
estimat.ed to be $500,000 t.o $800,000 and will increase to $1million annually thereafter. Its is recommended these costs be
funded by a parcel tax to be collected by the CounEy Flood
Contsrol- DistricE.
Council- saw some advantage to putsEing Ehis costs on sewer bilIsbut was concerned about the fundj-ng increases in future years.
They wanted the public Eo be aware this is not. a city reguire-
ment, but a federally mandaEed programi concern abouts increasingproperty taxes but would be more fair to put on propert.y billsince sewer bill is based on water use and the higher water user
would pay more .
Mayor Harrison opened the public hearing.
Glen Mendelsor., 475 Cumberland, saj-d he saw an advantage toputting on property tax because it may then be tax deductibte.
The hearing was closed.
PLEDGE OF ALL,EGIANCE TO THE F]-,,AG
Led by Assistant Fire Chief Reilly.
ROLL CAIL
APPEAL WITHDRAWN - THREE VAR]ANCES FOR 511 BURL]NGAME AVENUE
576
ENCROACHMENT PERMIT REOIJESTS FOR UMBREI.,,I.,AS AT TAB].,ES ON S I DEWAI,KS
IN BUSINESS DISTRICT
Pub1ic Works Director reviewed his memo of 'June 25 which recom-
mended council- direct staff regarding these requesEs for umbrel-
1as in the business district. Council established a policy to
a1low tables and chairs on public sj-dewalks with sEandard en-
croachment permit requirement.s. A number of businesses are now
asking to add umbrellas to Ehe tables and chairs. Staff has
discouraged tshese requesEs. There is no objecEion if Ehey meets
the est.ablished dimensions giving at least five-foot clearance.
There may be problems if the umbrellas pivot; they also present
an increased hazard of wind knocking Ehem over. Stacks. 351California, and Nathan's, 1100 Burlingame Avenue, have boEh
requested umbrellas to be placed along with the tabfes andchairs. Stacks has already obtaj.ned a permit for t.ables andchairs; their umbrellas go through the center of tables and into
L8 inch iron bases; the umbrel-l-as leave 5 f/2 foo:- clearance forsidewalk. Nathan's is requesting permit for tables, chairs andumbreflas. They want to place three chairs at each table andplace umbrellas between the tabfes; the umbrellas are supportedby 12 inch bases fi11ed wit.h sand, which are not. heavy enough t.osupport these umbrel-Ias and sidewalk cl-earance is orrl-y 2 1,/2
Councj-l reiterated thaE thj-s j-s a federally mandatsed program, not
a city tax. Councilwoman O'Mahony moved to approve RE SOI-.,IIT I ON
44-93 approving Ehe draft NPDES plan and requesting the county
not col-lecE $1.50 on parcef tax for L993-94 buE allow the ciEy to
fund Ehe amount from sewer service charges. Seconded by Council-
woman Knight, carried unanimously by roll call vote.
PUBI-,IC HEARING - SECOND READING - ORDINANCE 1487 - EXEMPTING
POI,ICE OFFICERS FROM BICYCLE REGUI.,ATIONS
Citsy Attorney reviewed his memo of ,fune 14 which recommended
council hold a public hearing and adopt this ordinance. Our
police department has initiated bicycle paErols of Broadway and
Burlingame Avenue; apparently citations of bike riders for
offenses like riding on sj.dewalks have been dismissed in court
because Ehe officers who gave the cj-tation were also riding bikes
on the sidewalk. This ordinance exempts our officers and also
eliminates a similar al-legat.ion if there is a claim or suiE
regarding an accident involving a bicycle officer,
Mayor Harrison opened the public hearing. There being no com-
menEs, the hearing was cfosed.
Councilman Lembi moved adoption of oRDINANCE L487. Seconded by
Councilwoman O'Mahony, carried unanimously by ro11 call vote.
PUB]-,,IC COMMENTS
clen Mendefson, 475 Cumberfand, spoke regarding the Mi11s Penin-
sula Hospitsal issue which starEed in 1985 when Ehe Ewo hospitals
merged; nearly alL board members live j-n Hillsborough and have an
int.erest in keeping Mi11s Hospita] open,' st.udies show that in t.he
fuEure most hospital- patsients will be on out-patients status and
the board has approved Mi11s as the out-paEienE hospital which
means Mil-Is HospiEal wiff be getting more paEients and more
money. He asked that councj-l- requesE Ehe hospital board to
refrain from its restructuring p1ans. Mayor Harrison said
councj-l is doing its best to exert an inf l-uence on the hospital
board. Mendelson presenled his staEement j-n wriEing Eo council ,
Karen Key, Chamber of Commerce, EoId council the new freeway sign
has been installed. Mayor said he saw it and it looks great.
Debbie Ga11igan, 333 Chapin, informed council that Peninsula
Hospital- tax money is goj-ng to a private organj-zatsion now; they
can do anytshing they wanE with t.he tax money and are not account-able t.o the people. Mendelson said when the two hospitals mergedMil1s was j-n poor financj-al- condition; in a few years with allthe out-patsient customers, iE will be stronger Ehan Peninsula.
577
Councilwoman OrMahony moved to
add umbrell-as Eo their tables.
carried unanimously.
approve the request for Stacks to
Seconded by Councilwoman Knight,
After more discussion, Council-man Lembi moved t.o continue the
request for Nat.hanrs and to ask them for more informaEion and
some al-ternatives. Seconded and carried unanimously.
ENCROACHMENT PERMIT FOR BASKETBA],L STANDARD IN RIGHT.OF_WAY AT
1590 GRANADA
Director of Public Works reviewed his memo of ,fune 25 which
recommended counciL deny this request, William o'Brien, property
owner. was noEified by the City Attorney that he must remove a
baskeEball- standard placed behind the sidewalk because of thepotential liability to the ciEy and hazard of children playing in
the street and tripping over the curb while playing. City
Attorney said he had notified about six other property owners
about similar installations. A l-etter was received today from
Mike Stal-l- j-ngs, 1512 Alt.uras, in support of this t)T)e of en-
croachment. permit. request; stallings had also received a warning
l-etter from the City Attorney for a basketball standard.
Council noEed this was an opportunj-ty to hel-p chj-l-dren with a
healthy pastime; Ehought there should be a way to al-l-ow t.hese
requests with "hol-d harmLess" clause; council wondered how far
these applicants are from nearest parks.
Wj-l-l-iam O'Brien was present with his children, they are 15 year
residents and requested approval . Mj-ke Stallings was alsopresent and hoped council would develop a policy tso approve these
requests since he wou1d aLso like to have an encroachmenE permit;
he had approval from all his neighbors before he j-nstaIled the
hoop; he has three daughters who like to play basket.ball; he
would pay for warning street signs.
Councilman Lembi wondered how the City Attorney found out about
Ehese installations. City Attorney said he had personal-Iy seen
some or t.hey had been seen by city engineers driving around town.
Lembj- said this is tough decision for counciL, we value ourchildren and he would like to see some way to accommodate theseapplicants. Also discussed install-aEions of basketball back-
boards on telephone poIes.
Councilwoman lhight was concerned about city liability; allowingthis might result in similar instaLl-ations on busy streets likeHillside or E1 Camino which would be dangerous.
Councilman Lembi moved to grant the encroachment permit asrequested and t.o alLow staff to develop a criteria and process toaIlow basketball standards with encroachment permiEs which could
come to council on a deniaL basis. Seconded by Councilwoman
OrMahony, carried 3-1 by rol-l- cal-l- vote, Councilwoman Knight
voEing no.
:-993-94 BUDGET UPDATE
City Manager reviewed his memo of June 28 which informed councilthat wit.h Ehe adoption of the trailer bi]1s by the state legisla-ture for adoption of the sEate budget, the cit.y has received anestimate of Burlingame's share of state reductions. Our net 1ossthis year will be $177,000, which is not as bad as first. fore-cast. He and the Finance Director propose to defer changes tothe budget until they review the year-end revenues and analyzequart.erly sales tax payments. Hotel property Lax reassessments
feet. Nathan's already has an encroachment permit for t,ree pots
on the sidewalk near the curb.
Council had received complainEs about sidewalk clearance at
Nathan's and had problem with al-l-owj-ng placing three chairs at
tabl-es, particularly agaj-nsE the wa11, pushing the table further
intso Ehe paEh of foots traffic.
Mayor Harrison commented he was having second tshoughts about
earmarking t.he 2 percent additional hotel tax for a convention
centseri he Ehought the hotel tax should be used for major pro-
jects as needs arise. Councilman Lembi had met wit.h the new
Convention Bureau executive director and tatked about convention
cenEers; he did noE see how we coul-d fund it, such a project
woul-d cost over $100 million; he was not opposed Eo using the
extra hotel tax for other needs. Councilwoman O'Mahony noEed the
hotel reassessments could resulE in large properEy tax Ioss to
cit.y; she would like Eo see hotel tax used for library construc-
tion. Councilman L.,embi mentioned that t.he Sout.h San Francisco
convention center woul-d fit into our Hyatts Regency baIIroom.
Councilwoman Knight was pleased to hear councifrs commenEs, she
said she had supported using the hotel tax for city needs for
some time.
are also scheduled for the next few months which could result in
additional losses.
DRAFT HOUS NG ELEMENT
STATUS OF UNREINFORCED MASONRY BUILD INGS
CONSENT CA]-,ENDAR
a RESOI,UTION 45-93 AUTHORIZ]NG AGREEMENT FOR FUNDING OF BUS
City Planner reviewed her memo of June 23, a993 transmitting the
drait gousing EIemenE to council. The Planning Commission will
hold a pubti- hearing on this drafE at its meeEing of .Tu1y 12 and
council will get comments collected from that meeting ats t.he next
council meet.ing, ,JuIy 19.
Director of Public Works memo of ,fune 29 presenEed a charE
prepared by the Chief Building Inspector of tshe URM buildings in
Eurlingame. Of the 54 buildings listed. 13 are j-n process or
have completed modifications as required by the URM ordinance
which requires structural modifications to meeE earthquake safeEy
stsandards. Owners must submit plans for repairs by ,ianuary 1,
l-995 and must complete const.ruction by June 30, 1995'
Council- discussed notifyj-ng owners who have not submj-tted plans;
st.aff will do so at the end of this year; council discussed lack
of sources of funding for these repairs.
ROUTE ROAD REI{AB]L]TION PHASE ]II
Public Works memo of ,June 23 recommended council approve an
agreemenE with the County for funding bus route road reha-
bifiEation on Trousdal-e Drive; this work was originally
schedul-ed for El- Camino but Cal-trans will be reconstructing
E1 Camino from Santa Ynez in San MaEeo through Burlingame to
Murchison Drive in L994-95. The county will provide
$200,000 wit.h the city !o provide an addiEional $l-00,000.
b. RESOLUTION 45 .93 - AWARD I NG CONTRACT FOR I TARY SEWER/-
c
STORM DRAIN P STATION A'I I74O ROLLINS ROAD CP 903
Public worksr memo of rTune 30 recommended council award this
contsract to San Luis Construction in the amount of $311,000for three new sewer pumps, moLors and grinders, new el-ecEri-
caL controls and a generator for emergency power.
DENTAL OF CL.,AIMS: (1)CHOENSTEIN: (2) WILSON
City AtEorneyrs memos of June 23 and ,fune 29 recommended
denial of cfaims for (1) co-defendant in sidewalk fafl
lawsuj-t and (2) a car window broke by a baseball ats park.
Finance Director recommended approval of warrants 2574]- -
2744L, duly audited, in the amount of $1,259,551.44 and
Payrotl Checks 55500 - 57324 for Ehe month of May. 1993 in
the amount of $1,187 ,193.o2.
578
d. WARRANTS AND PAYROLI.,
579
Councilman Lembi moved approval of the Consent Ca1endar.
ed by Councifwoman Knight and carried unanimously.
Second-
Criminal lTustice,
report.ed on these
and Emergency Services: Councilwoman Knight
organizations brief fy.
Mayor asked why t.he Traffic Commission had not considered his
suggestion for improvements at North l,ane; PubLic Works Directorsaid staff has prepared a work order for these improvements whichdid not need to go to the commission.
NEW BUSINESS
Mayor Harrison set an appeal hearing for a parking variance at
1027 California Drive for JuIy 19, i-993.
Commj-ssioner Attendance: Councilwoman Knight asked that commis-
sions be sent the attendance rul-es.
a
b
Commission Minutes:28, 1_993.
I-.,ibrary Board, ,fune 15 ; Planning , ,June
I-,etter from Northern California Water Association opposing
AB 97.
LetEer from Mary Sullivan opposing any cuE to library hoursor services.
Harrison adjourned Eo a closed session
and litigation at 9:14 p.m.
d Letter from SamTrans regarding meeting city needs and noti-
fying council of upcoming workshops.
e. Iretter from Ramona Hernandez. 525 Burlingame Avenue, regard-ing rooftop dish antenna .
Councilman Lembi said Hernandez is a neighbor and he would like
Eo assist her; the roof dish antenna is barely noticeable, staff
explained EhaE citsy 1aw forbids rooftop dish anEenna j-n residen-tial zones and council would have Eo change 1aw to a1low it;
Lembj- was upset with the companies that sold and installed t.hisdevice, tshis lady paid $5,000 and now must pay to have it movedto yardi he asked that. E.he City AEt.orney prosecuEe the instalfer.
Mayor Harrison acknowl-edged a memo from Fire Chief regarding
coverage of the Mifls EsEate area by both Millbrae and Burlingame
f j-re crews; he hoped the press let the public know about this.
SED SESSION
Mayor
t ions
on labor negotia-
L]TIGAT]ON SETT]-,EMENT
Mayor Harrison announced t.hat council- agreed to a set.t.lement upto $55,000 in Hannon vs Burl-ingame.
AD.JOURNMENT
The meeting was regularly adjourned at 9;22 p.m
'L Y,
udith A. MaffatCity Clerk
?/*^
COUNCI]-,, COMMITTEE REPORTS
OLD BUSINESS
ACKNOWLEDGEMENTS
Mayor Harrison asked that sEaff respond to Ehe Sullivan and
SamTrans letEers.