HomeMy WebLinkAboutMin - CC - 1992.04.06BURIJINGAI,IE,
APril 6
CAIJIFORNIA
, L992
CLOSED SESSION
A cLosed session regarding property acquisition And 1itigationwas called to order at 7:00 p.rn. in Conference Room A at CityHall. Al-1 council members wer:e present.
CALL ORDER
A duly noticed regular meeting of the Burlingame City Counci)- washeLd on the above date in the City HaII Council Chambers. Themeeting was ca11ed to order at 7:38 p.m. by Mayor Frank pagliaro.
PIJEDGE OF ALLEGfANCE TO THE FLAG
Pledgre was led by Sandy Burnett, San Mateo Times reporter.
ROI.,L CALL
COI,NCIL PRESENT: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARo
COITNCIL ABSENT: NONE
I.,IINTITES
The minutes of the Regular Meeting of March t6, Lg92 and theStudy Meeting of Uarch 78, 7992 were unanirnously approved onmotion of Councilhroman OrMahony, second. by Councilman Harrison.
PURCHASE OF P OPERTY AT 1133 CHULA VISTA PARKING FIJND
Mayor Pagliaro announced council had reached a decision afterseveral closed sessions and a study session regarding parking on
Broadway and the purchase of property for a parking lot. Coun-cifinan Harrison noted there was money in the parking fund forpurchase of this property; he moved the city purchase 1133 ChulaVista for the price of $630,ooo, that there be no denolitionuntil the city sells the parking l-ot on Rhinette, and effectiveJuly 1, 1992 the parking fund be abolished and henceforth parking
funds go into the general fund. The motion was seconded by
Council-woman O tMahony.
Councilwoman Knight said she $/oul,d vote against this proposalr.
she agreed that any money spent on parking should be in the
Broadway area, but with all the other rnajor capital projectsbefore the city she did not feel the city should spend the moneyon this parking lot.
councilman Lenbi said the city is corning out of the recession,
and sal-es tax income is up; this purchase wil-I be a positiveaddition to Broadway and assist the merchants and residents.
Mayor Pagliaro conmented council- had pledged to hetp the mer-chants on Broadhray. councilwonan Orl"lahony was pleased to supportthis :notion, Broadway has been waiting too long for a parking
Iot, this purchase will have 48 parking spaces, the Rhinette l-otonly has 26 and is not used; the parking fund has the money forthj-s purchase. The notion carried 4-1 on ro11 call vote, Coun-
cilwoman Knight voting no.
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CONTINUED APPEAL FOR A SPECIAL PERMIT AND PARKTNG VARIANCE FOR A
RESTAURANT AT 1249A BROADWAY - RESOLUTION 26-92 APPROVING SAUE
city Plannerrs memo of March 23 recommended council take action;the public hearing was held on uarch 16 and council continuedaction to tonight's meeting. The applicant, Steve Webb, and theproperty owner, K!'rok Leung and Chui Fong Wonq, are requesting aspecial permit for an eating establishnent and a three spaceparking variance. The PLanning Commission voted 3-3 for denial
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of the request; under rules of the commission a tie vote is adenial of a request.
Councih^roman OtMahony said she thought long and hard about thisproject and decided it was a good project for Broadlray. She
moved to grant the special permit and variance with conditionsstaff report. Councilman Harrison seconded the notion and com-
mented we woul-d never sofve the traffic circulation problems on
Broadway because of the locatj.on of the freeway accessl thisproject will enhance Broaduray and would not be detrimental, orinjurious; council has given other businesses larger parking
variances .
.l,n
Council-wonan Knight, at the last rneeting, had moved to deny thisrequest because the project would create more traffic and parkingproblens; she thought it woul,d be detrinental to the area andcould find no extraordinary circumstances to grant a variance.
Councilman Lembi said there was nothing that would atteviate thetraffic flow problerns since Broadr^ray was the access to freeway;
and j-f peopl-e can't park they will not stop. The rnotion carried4-1 on roll call- vote, Counc.ilwoman Knight voting no.
EST ABLISH}IENT OF BUSINESS IMPROVEMENT D STRICTS (BID)
Mayor Pagliaro announced that council would hear protests aboutthe BIDS but because this is a new proposal, council would listento concerns and al1ow tirne to think about the proposal, council
$/ould not take action until the neeting of April 20. He notedcouncil is neutral in this matter, this is a proposal from the
merchants associations.
The City Attorney reviewed his memo of l.tarch 19 which recommendedcouncil hold two separate public hearings on formation of thedistricts. Business improvernent districts are formed underStreet and Highhrays Code Section 36500 et seq. Council can
determine to form both districts, or one, or neither; it canrevise the assessments, zones and purposes and can reduce the
area of the proposed districts. The only limit on action is thata district clnnot be formed if council receives written protests
from a rnajority of the value of the assessments. He announcedthat any rnore written protests must be received at the beginningof the hearing; written withdrawals of protests must be receivedby the end of the hearing.
Councilman Harrison told the audience that another reason councilis not naking a decj-sion tonight is that written protests handedin tonight will have to be counted to deterrnine if there is amajority protest. Mayor Pagliaro had some questions on theuording of the ordinancesl wondered if the district would have toget approval from council before it could increase assessmentsl
asked about fines for unpaid assessnents; City Attorney andFinance Director reviewed how business li.cense fines are collect-ed; the city will incur expenses in collecting these assessments,
would the city be repaid; election of the Board of these dis-tricts; can the BID be elirninated by a vote of council. Council-
man Lembi wondered who hears appeal-s for assessments, citycouncil or the Board of the district.
G FOR TH RO SS IMPROV
DT STRICT )
David Hinckle, 1616 Sanchez and owner of Earthbeam Foods on
Broade/ay, reported the idea of a BID was presented to the Broad-
way Merchants Association over a year ago, they decided to adoptthe proposal, and requested help from the city in hiring a consul-tanti the nerchants held open rneetings on this,. seems the bestpossible nethod to effect real lasting change, rnake J"ong terrnimprovements, provide liaison with city and provide a united
approach to inproving Broadway; they propose to clean sidewalks,advertise and promote the area, provide for commercial recruit-rnent and retention of business and irnprove parking enforcement.
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He b/as excited by the energy and momentun this proposal hasstarted on Broadway and hoped to see it continue. David Constan-tino, Valerie Trentor, and Charl-es Rothenbuecher, Broadway
merchants, spoke in favor; presented artist concepts of irnprove-ments. In response to council questions, Hinckle said an in-
crease in assessment woufd take a vote of the entire district,the election of directors is by weighted noninations, and non-profit status loss would not be a problem; assessment appeals
hrould be before the directors; unpaid assessments hrould be
collected with business licenses and fined accordingly; districts
is modeled after other cities; woul-d be largely run as a volun-teer organi zation.
Speaking in opposition; Mary Ann Titus, Wild Iris on Broads/ay,'
Ann Parsons, Twice Around Treasures on Broadway and the DoII
Place on California; the owner of LrEscargot; Russell- Knight,
Knight Riders; had great concern about retribution to protestors;
this is not cal-Ied a tax, but it is one; i11 advised to raise
fees duringT a recessionl improvenents to city property should be
rnade by the city or the property o\{ners, not merchants; object torequiring a majority of no votes, rather than a majority yes;
when opposition was made public, forrnation comrnittee visitedprotestors and coerced them to change vote; national firns do nottake position but they have high weighting; many merchants fromother countries do not understand the freedom of choice they
havei many thought they srere voting against parking if they voted
against BID; high cost of administration; thought a bus shuttle
was beyond the financial ability of such a srnal,I district;traffic enforcement should be by city; merchants can cl,ean their
sidewalks themselves with soap and water; biggest problen to
Broadway was the new traffic light at California; side streets
would not benefit from Broadway irnprovements; if forced to pay
additional fee would have to leave city; proposed parking nap
handouts would just cause litter; question cost of getting non-profit status.
Hinckle rebutted i if werre in recession, this district may bejust what ve need to pul,l out; this district is not forever, it
must be reapproved every year; it should be allowed for trialperiod; administrative costs wilL be kept down by votunteerparticipation; he reminded people this is last chance to submitletters to withdraw protests.
Mayor Paqliaro closed the hearing. City Attorney advised council-not to take any more letters. Mayor PagLiaro call-ed for a recessat 9:20 p.n. The meeting reconvened at 9:25 p.m.
PROTEST HEARING F OR B URLINGAME AVENUE AREA BID
Stan Cl-ark, Burlingame Drug, reviewed hor^, the Burlingame Avenue
Iilerchants had met with the Broadway Merchants and the BID consul--tant,' there is broad representation on the formation committeewith 18 merchant rnembers; the BID will be a vehicl-e for improve-
mentsi there is much interest and more merchants are involvedthen ever before; he asked for those in support to stand; he
presented petitions signed by those in support. Steve Anderson,attorney erith Carr Mcclel,lan, reviehred government code regarding
BfDs; city council will appoint the advisory Board, there will be
an annual assessrnent report; canrt change assessments withoutvote of the district and public hearingsl law prohibits uses for
anything other than those l-isted in the ordinance. AIso speakingin favor was Stephanie Navarro, Lady Faire; Frankie Meyer, MeyerBunje; John Creech, Burlingame Paint and Wallpaper; Walter
Kentz1er, Kentzler Jewelers; Joel Bender, Coffee Critic; RonKarp, businessman and l-andlord; another merchant; Lori Silver-stein, Peninsula Beauty Supply; llelga Johnson, Muff j-es; I"larilynschnidt, Nathan I s.
In opposition; Dave Dornlas, Dornlas Photography; Dick Phi11ips,Attorney on Primrose; another merchant; Shahrn Lenihan, 329
Prirnrose; llrs. HoLlo$/ay, ciggfes, ]-4Lo Burlingame Avenue; Alan
Horn, 409 Primrose,' Paula Zimmerman, 405 Prirnrose; Herb Strange;
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Ton Bowen, Burlingane Avenue; owners of Skin care Sal-on, 329Primrosel, John Hol-l,oway, Giggles; Joe Karp, 1209 Burl- ingame; Jincarter, Griffiths Insurance; objected to anirnosity created bythis proposal; one person suggested a sunset clause in the
ordinance ni.ght nake it more acceptable to all parties; concern
about city raising fees and charges; big national firrns wontttake a stand; lal^r does not require the protest List number of
ernployees or zone; presented a l-ist of businesses no longer inthe area, thus the city figures are inflated by these non-exis-
tent businesses; objected to no definitions in resolution ofintentionr' councilwonan Knight had expressed concern about
misleading wording in a letter of opposition.
Mayor Pagliaro closed the public hearingT. Staff requested anywithdrawal letters. Mayor Pagl,iaro calIed for a recess at 1l-:OOp.rn. The meeting reconvened at 11305 p.n.
G CHANGE - CHANGE IN ORD o
Mayor Pagl-iaro noted several people present to speak about aletter they sent requesting councj.l, amend zoning to al,low church
use at 863 Mitten Road, he changed the order of the agenda tohear them at this tirne. Reverend Harry Singh, Jesus Christ IsLord Church, said they had found an ideal site for their churchbut zoning does not allow church use at the site; he said thereis anple parking, the site would be used for church services only
Wednesday night and Sunday; four or five church empl-oyees wouldbe present at other times for office support. In response tocouncil, staff reviewed procedure for obtaining a change inzoning and a General Plan Amendment; this process would takeseveral nonths. Mrs. Nuccitelli, 1614 Sebastian, spoke in favor.llayor Pagliaro informed Reverend Singh he should rnake applicationat the Planning Department to appear before the planning Commis-sion with this request.
URGENCY ORDINANC 1458 LIMITING TNSTALI,ATION OF CERTAIN OUTDOOR
L IGHTING
City Attorney reviewed his rnemo of March 19 which recommendedcouncil adopt this Urgency ordinance. on February 19 council
adopted an urgency ordinance which will expire shortly; councilindicated at a recent study rneeting the ordinance shoul,d beextended until November L, L992. This will prohibit buildingpermits for any outdoor tighting located nore than nine feet
above an exit l-anding or for any other exterior lighting in-stalled so that the cone of light and/or gl-are from the tight
woul,d extend onto adjacent property, Staff reviewed ordinance'seffect on new and existing projects in response to council,questions.
Mayor Pagliaro opened the public hearing. There being no con-ments, the hearing was closed.
Councilman Harrison noved adoption of URGENCY ORDINANCE 1458.
Seconded by Councilnan Lenbi, carried unanirnously by voice vote.
PUB LIC HEARING - ORDINANCE t457 ESTABLISHING T E SENIOR
COMMI SS ION
City Managerrs meno of March 10 recommended council adopt anordinance to change the Senior citizens Coordinating Council tofull conmission. The Recreation Department will continue toprovide staff support to this group.
Mayor Pagliaro opened the public hearing. There being no com-ments, the heari-ng was cfosed.
Councilman Lenbi said it was a pleasure to move for adoption of
oRDINANCE 1457 establishingr the senior Commission, this group isdoing a good job for seniors of the city. Seconded by council-
vronan OrMahony, carried unanimously by voice vote. Council,wornanKnight said Senior commissioner Terry was presenti Knight would
a
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like to have the com:nissionts
lunch program.
input on continuance of the senj-or
CONTINUE S ]DEWALK ASSESSMENT P ROTEST HEARTNG TO NE XT }IEETING
Public Works nemo of April L recommended council continue theprotest hearing to April 20; this wiII fix assessrnents to beplaced on the tax rol-1 for sidewalk, curb and gutter repairs.
Irlayor Pagliaro continued this itern to April 20.
Mayor Pagliaro said he and Councilrnan Lembi had interviewedcandidates for t$/o positions on the Planning Conmission; he notedcouncil- received a letter from planning comrnissioner Grahamrescinding her earlier letter of resignation. Councifman Lenbinominated Ruth Jacobs, incumbent. CounciLnan Harrison nominatedShelley Graham and accepted her letter of recision. CouncilwomanKnight said she appreciated the contribution of Shelley Graham,but council- accepted her resignation from the commission in
December 1991. She nominated James yawn. Mayor pagliaro saidShel-Iey had been an excellent commissioner and his vote was noreflection on her abilities, but council had interviewed sixexcelfent candidates. Ballots were distributed, ruarked and readwhich resulted in appointrnent of Jacobs and craham; Jacobsreceiving five votes, craham three and yawn two votes. The Mayordirected letters of thanks be sent to al-l- candidates.
PLANNING COMI.TISSION APPOINTMENTS
LIBRARY BOARD TRUST EE TERM EXPIRATTONS
City Manager reviewed his merno of l,larch 30 which recommendedcouncil call- for applications to two positions on the LibraryBoard; the incunbents wiLl be invited to apply. Mayor pagliaro
set May ).5 t 1-992 as the deadline for applications.
RESOLUTTON 27-92 - AWARDTNG CONTRACT FOR FIRE ST TION RECONSTRUC-N - CP 9011-
Public Works Director reviewed his memo of April 2 which recom-
mended councif award the contract to Hodqson Construction of
Redqrood City j-n the amount of i2,177,646. This project is todernolish and rebuild the Fire Station at 799 California Drive.Fifteen bids were received and opened on March 20 ranging from a
1ow of $2,172,22L lo a high of $2,615,000. A nistake $/as made bythe l-ohr bidder in listing subcontractors, this was picked up bythe second 1ow bidder, Nibbi Brothers, who sent a letter ofprotest on l,larch 3 0 ,' al-so on l.{arch 3 0 , Hodgson sent a lettercorrecting the subcontractors. State l-aw allolrs the city toaccept the correction. The bid included an added alternate for
changing the window finish to metal c1ad. ft is recommended thealternate be included at a cost of $5,425 for a total bid of$2,f77,646. Representatives of Nibbi Brothers hrere not presentto protest.
In response to council, Director said Hodgson has experience withother municipal buildinqs and post offices; a firm has been hiredfor site inspection; the roof tiles will be renoved, stored andthen replaced on building - they are in good condition and ofhistorical value; cornrnunication costs were discussed.
Councilman Lernbi rnoved adoption of RESOLUTION 27-92 awarding thebid to Hodgson. Seconded by Councilnan llarrison, carried unani-
mously by voice vote.
CONSENT CALENDAR
Regarding (i) Mayor Pagrliaro asked about cost over-runs,. DpWexplained problems incurred with that project; I"Iayor pagliaro
asked about (g) the condorniniurn project which was reduced fromfour units to three; staff told of chanqes and apparent coopera-tion with neighbors, there are no complaints.
a OLUTIO ORI Z IN o.2
TNTER CITY TSM A ORITY
City llanager reconmended council approve the Amendnent tothe Joint Powers Agreenent for the Intercity TransportationSysten Managernent Authority; the county desire the TSUAuthority to administer a TSM program in the unincorporatedareas adjacent to cities that participate in the JpA; thecounty does not wish to join the JpA and requests that theAuthority contract rrith it to perforrn these -services.
b. RESOLUT oN 29-92 AP VING RIGHT-O F-WAY SERVTCE AG EMENT
R N-CP
Public Works memo of ljlarch 31 recommended council approve anagreement with the State certified Santa Clara Counly frans-portation Agency to be the cityrs right-of-way agent at anestinated cost of g14,ooo. fn 1986 the city iec6ived on-ramp property from the Hyatt Hotel based on prelirninary on_ranp design; over the years CalTrans has reqirired incr-easedshoulders and additional HOV 1ane, with theJe increasesthere is need for additional easements; Santa clara CountyTransportation Agency has an established organization fornegotiating these additional easements.
c RESOL ION 3 0-92 AUTHORI Z TN CONTINUANC OF SENIOR LUNCH
PROG AT RECREATT ON CENTER
Recreation Directorts memo of I"Iarch 9 recornmended counciLapprove continuing the Nutrition progran for seniors as aTuesday and Thursday luncheon at net cost to city of SA,O24.
d. RESO UTION 31-AUTHO rZING AG EEIUENT F'O LANDFILL GAS2
SURVEY - cP 912 2
Public works meno of uarch 31 reconmended council approve anagreement with Harding Lawson Associates for conducling abelow-grrade landfi1l gas survey at the city dunp site in theamount of 923,700 as required by the air quality district.
e RESO UTION 32-92 AP ROVING PLTCATI NFORG FUNDS FORSTREET TREE PLANTTNG
Park Directorrs meno of March 30 recommended council approveapplication for funds under the Urban Forestry erant eil_grarn; grants range from glo,ooo to $4o,ooo.
I
coN
1 E F &
claims for(2) aI-
booklet .
IS
City Attorneyrs nemos recommend.ed denial of these(1) danage to a car that hit a manhole cover, andl-eged copyright violation for an earthquake safety
E s
Pub]ic Works memo of March 30 recomnended council concurwith Planning conrnission to approve the rnap with "orraiiior,..h. AP BUDG T NTTOP CHASE P L COVER FOR B URLING-AI,TE HIGH SCHOOT,
City Managerrs memo of lUarch 31 recomnended council autho_rlze 97,950 addition to Recreation budget for purchase of apool cover and wind screen for high sciool swiinrning 1""i. -
t o 3 -AC NGION IM VEM s CP 637
LE OF PSTA
Public lTorks neno of March 31 reconmended council acceptcompletion of the Cowan Road punp Station inproveruents'- -
constructed by Anderson pacific 1n the amounl of g244,4g3.
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f
9.
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Councilman Harrison noved approvaL of the consent Calendar.
Seconded by council-man Lembi, carried unanirnously by voice vote.
COIJNCIL COI,TI,TITTEE REPORTS
Legislative cornmittee: counciLwoman rnight reported on a discus-
sion of Kopprs SB 1538 which has lots of opposition; sB 2037 will
give credit for regional shared housing if a city helps finance
housinq in another city. Airport Roundtable: councilwornan
orMahony told a number of cities which favor PFc funds for noise
nitigation; Lou Turpin of the Airport opposes. Convention &
Visitors Bureau: Councilman Lembi reported on recent executive
board rneeting; they have been successful- in bringing the World
cup soccer garnes here. Schools: Councilman Harrison told of
potential for a school bond issuel TSII, he also reported there
would be a TsM orientation meeting at the Doubletree on April 21-.
NEW BUSINESS
councilnan Harrison had received a letter about proposed houses
at 1145-1149-7L52 Cabrillo; this 1ot has been subdivided into
three lots and staff is suggesting one house be framed to deter-
rnine plate Iine before the next house is started rather than
building three at one time because of the declininq height
exception being used in the design; the declining height laws
app:,y to a comparison with the house next door. council directed
ttrlt- tfre houses be franed in sequence and discussed a requirement
about new buildings not exceeding a certain percentage of the FAR
of the dernolished building.
Youth In Government Day: Schedufed for April 30, l'layor Pagliaro
inquired about changing tfre day as he wifl be gone. cornrnissioner
oinner day: councilwoman otMahony asked about change of day for
this event since it conflicts with the womenrs HaI] of Fame
dinner .
Mayor Pagliaro set appeal hearing for April 20 for 1400-1404 oak
Gr-ove,' aid councitrnan- l,ernbi calted up the proposed ATM nachine at
the Seven Eleven store, also set for April 20.
SCHEDULE APP EAL HEARING
ACKNOWLE DGEMENTS
a Comrnission Minutes: P1anning, l'Iarch 23i Park and Recre-
ation, March 19; Senior council, March 19i Beautification,
ltarch 5; Library Board, March 17; Traffic, Safety and Park-
ing, March 12, L992.
Letter from frv Amstrup regarding the Burlingame Honeowners
Associationrs desire that council discuss floor area ratio,
nass and bulk in single farnily areas'
Letter fron Jesus Christ is Lord church (discussed earlier).
Professional secre-Proclamati.onss Week of the Young Child;
tary Day; LibrarY Week.
Notice of Minor Modification at l-133 Killarney Lane.
b
c
d
f televise councilLetter fron ALan Horn requesting council
meetings.
S. l,lemo from Finance Director regarding AB 939.
h. Letter from Bernard Transano requesting council hold a
public hearing before purchasing 1133 chula Vista'
i. Letter from chris Knight and Ben urnili regarding environrnen-
tal issues in the citY.
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councilwoman Knight said she may be tate for the joint Planning
Council meeting on April 25.
FRO}{ THE F'LOOR
Karen Key, Director of chamber of commerce, thanked the Public
works Department for the new lights on california Drive and
thanked the Park Department for trirnming the tree near the
chamber offices.
ADJOI'RNMENT
The meeting was regularly adj ourned at 11:55 p.n.
Judith A. MalfaCity Clerk
l-
I.tayor Pagl-iaro had also recei-ved a letter regarding police
response to a cornplaint about a suspicious person, he asked for a
confidentiat report from police; there was a letter from Roll,ing
Hills Estate about sB 1861, removal of unsightl-y vehicles, which
staff wiLl review.
L