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HomeMy WebLinkAboutMin - CC - 1992.07.20413 BURIJINGAIIE, CAIJIFORIIIA iruly 20, 1992 CALL TO ORDER A duly noticed regular neeting of the Burlingame City Council washeld on the above date in the city HalI Council Charnbers. The meeting was called to order at 7:35 p.m. by Vice Mayor Harrj-son. Pledge was 1ed by ROLL CALL COI'NCIL PRESENT 3 COI]NCIL ABSENT: MINUTES School Board Trustee Mary Janney. HARRISON, KNIGHT, LEMBI , O IMAHONY PAGLIARO The minutes of the Regul-ar Meeting of July 6, L992 were changedby Councilwoman Knight to show she had asked whether adopting the Ordinance Allowing Sale of Beer and Wj-ne would allow sales of al,cohol hereafter for events such as the cornmunity picnic, then approved on motion of Councj,lman Lenbi, seconded by councilwoman O r}lahony, carried unanimously. Vice Mayor Harrison informed the audience this itern would becontinued to the next meeting. PUBLIC HEARING - SECOND READING - ORDINANCE 1466 - CLARIFYING TANDEM PARKING AND DRIVEWAY !{IDTH IN RESIDENTfAL ZONES City Planner reviewed her memo of JuIy 10 !'rhich reconmendedcouncil hold a public hearing and take action. At the lastmeeting, council introduced this ordinance to clarify the use of tandem parking to meet covered parking requirernents in singlefarnily and duplex devel-opment. The proposed language would allow a tandem parking configuration (one car parked behind another) to be used to meet uncovered parking requirements but not for covered parking requirements. The proposed ordinance alsoclarified minimurn driveway widths for single farnily and duplexresidential districts. The requj.rement lrould be a minimurn widthof 9.5 feet. The present code wording could be read to require atwelve foot wide driveway which might have a substantial impact on the landscaped appearance and design of some propertj-es. Vice Mayor Harrison opened the public hearing. There being no comnents, the hearing was cl,osed. Councilwoman O'Mahony moved to adopt ORDINANCE l-466. Seconded by CounciLman Lernbi , carried 4-0 on roll" cal,1 vote, I"layor Paqliarobeing absent. LIMITATTON ON NIJMBER OF RESTAURANTS LETTER I{ GEORGE COREY REGARDING GREEK DELI AT 224 PRTMROSE ROAD city Plannerts meno of July 14 recommended council give staffdirection. Recently staff has been pursuing a code enforcementaction on a creek deli located at 224 Primrose. A couple years ago under another ownership this liquor store added a delicounter and begTan to seII sandwiches. Gradual,ly tables andchairs appeared. staff received a compl,aint and the owner removed the seatlng and came in for a take-out food sales permit.In the past year the business changed hands and the new ownersel1s liquor, deli food and retains the take-out permit. Howev-er, the nev, owner has added tables and about 40 chairs on thefirst floor and mezzanine. The seating rnakes this deli a food PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC HEARING CONTINUED FOR VARIANCES FOR AN ADDTTION AT 724 CONCORD WAY establishnent and food establishments are limited in number inthis area of the Burlingarne Avenue Commercial Area. Attorney ceorge Corey $/rote a letter to council on behalf of Angelo Dokos, owner and operator of the Greek deli al 224 Prirnrose, asking that Dokos be allowed to continue to have seats for custoners on his prernj-se. Vice Iilayor Harrison asked Attorney Corey to come forward. Coreysaid his client is seeking to stay in business; Dokos opened theliquor store and business has gone downhill since then because ofa decline in drinking; his landlord reduced the rent to a11ow business to continue; he began selling sandwiches and added seats on the first fl-oor for customers, business has j.ncreasedr' he requested a change in the ordinance liniting restaurants to a1lowhis client to stay in businessr' if restaurants were not linitedperhaps there lrould be fehrer empty stores in arear. times have changed since the lirnit was adopted in l-985; last Saturday hiscl-ient surveyed the Burlingane Avenue and Broadway areas andfound 19 empty sites; city woul-d benefit j-f there were some typeof business in those sites; he said his client would eliminateseating in the mezzanine; he would like to have 12 seats dohrn-stairs; he mentioned Dokos is havj,ng a private party using the rnezzanine next week; he said the ordinance is of a sweepingnature and he thought the city would be better off without therestaurant linitation. The business bookkeeper stated the business was poor with onlyliquor sales but when deli was opened the business increasedldeli attracts people from outside the city and brings businessinto the city; it would in no way harm the city or have a nega-tive impact on other businesses in the area. Council discussed with staffi that business now has a take-outperrnit; there is no varj,ance from this lirnit on restaurantsi the 1985 list of restaurants s/as referred to; council policy has beenfor the applicants to survey number of restaurants, city does not keep a current list; night add to the number of restaurantsallowed; the ordinance does not refer to a given number, just the 1985 list; revj-ewed definition of restaurant; possibility sorne businesses that have a restaurant pernit are no longer servingfood or no longer have seats. Councilwonan Knight said she had aproblem with changing the ordinance and r.rould like to have a fu11 councj-1 to make that decision; besides number of restaurantsthere is the impact of parking and traffic they bring; therecession is hurting lots of people but we should not changeregulations because they are effective in good tirnes. Corey saidhe was told the site could never apply for sit down restaurantpernit because that was a condition of the take out permit. CityPlanner said the condition is that there be no tabLes or chairsunder that permit, but the applicant could survey the nurnber ofrestaurants and apply for a food establishment permit. Councildirected the applicant to make a survey and apply for properpermit. Councilwoman o'Mahony said she s/as sure retail,ers wouldappreciate council, not increasing the nunber of restaurants. }JATE R RATIONING APPEAL 100 AVENUE City Manager reviewed the Finance Director's memo of JuIy 8 which recommended council review this request. Raynond Conroy requestsadditional water because of regular r4reekend visits of fivepersons and a substantial garden. The summertime use is 133percent of winter use. An appeal for additional water was deniedby staff in July 1990. The applicant was not present. Councilman Lembj. moved to deny thj.s request. seconded by Coun- cilsronan OtMahony, carried unanimously. SENTOR CO}.{UISSION APPOTNTMENTS councilman Lembi stated he and counciLr,roman Knight had inter-viewed candidates earl,ier tonight for t$/o position on the Senior commission; they norninated Mary Roberts, Myron Moskowitz and MaryJanney. City Manager distributed ballots which council marked,he read the ballots which resulted in Myron Moskor/itz and Mary 4L4 415 Janney beinqr appointed. Councilman Lembi also thanked staff forthe standardized forn for reporting connissioner attendance. SPECIAL ENCROACHMENT PERMIT PROCEDURE Public Works Director reviewed his report of JuIy 15 $rhich recommended that encroachment permits for non-permanent fixturesplaced on city right-of-way not be brought before council, unlessthe applicant wishes to appeal the deternination of the Director. Code a11ows the Director to approve these pernj.ts subject toconditions, but it has been standard procedure to place a1I encroachment perrnits on the council agenda for approval. Stafffeels only requiring Director approval \./ill allow the permits tobe issued more quickLy. Staff also proposes to reduce the feesfrom $50 to $ZS. Councilwoman Knight asked if council r,rould beable to call any of these items up for review with the newprocedure; Director said that would require the item be listed onthe agenda similar to the Planning Departnentrs minor nodifica-tion procedure. Councilman Lenbi asked if city stilI had sonecontrol over an instance where a tree in a planter gets toolarge; staff said yes, that would be part of condition forapproval-. Council said this procedure is a step in the rightdirection and Councilwoman orMahony moved approval of this changein procedure . Seconded by vice I"layor Harrison, carr j,ed unan j-- mously by voice vote. Public works memo ordinance for twoDrive in front of commission. of Jul,y 14 reconmended council adopt anhour parking for 90 feet on Trousdale Carewest as recommended by the Traffic b cE 14 68 PROHIBI NG HANDICAPPED PARKING SPACES City Attorneyts memo of July 14 recommended council adopt anordinance to prohibit locating newsracks in a manner thatobstructs or interferes with handicapped parking and access rarnps . RESOLUTION 64-92 - AMENDING ONTRACT WITH THM FOR ATRPORT BOULEVARD REHABILITATION cP 328 Pub1ic Worksr memo of July 14 recommended council approve an amendment to the contract with THM & Associates increasingTthe professional services by $19,380. phase 18 is nearlyconpleted and THM has had to spend more tirne inspecting forms and construction due to the very flat grades. 5-92 REV S ON FOR CARE BENEFTTS Personnel nemo of JuIy 14 recommended council adopt a formresolution increasing contributions to retired memberslhealth j-nsurance costs, effective August L, :-992. CONSENT CALENDAR Regarding (c) and (e) Councilwonan Knight asked if this was thelast of additional expenses for this project, these two itensincrease fees for Airport Boulevard Rehabil-itation. Directorsaid the only thing left for this phase of the project is accept-ing completion; next phase will be l-andscaping which is scheduledfor the next fiscal year after the sewer treatment plant is cornplete and treated lrater can be used for the landscaping. a. INTRODUCTTON OF ORDINANCE ],467 - ESTABLISHING TWO HOI,R PARKING ON TROUSDALE AT CALIFORNIA DRIVE d. RESOLUTION 66-92 - AMENDING CONTRACT WITH CALLANDER FOR AIRPORT BOULEVARD REHABILITATTON - CP 328 Public Works nemo of July 14 reconmended council approve an amendment to the contract with CaLlander Associates for profess ional review items services in the anount of $4,095. Constructionrequired additional inspection efforts. f. DENIAL OF CLAIMS: (1) BEVERL SMYRNOS , ( 2,I JAIIIES AND JOAN SARGEN City Attorneyrs memos recomnended council deny these clairnsfor (1) injuries from construction being performed for thecity by st. Francis Electricr' and (2) a lawsuit concerningthe gas tank at the forner Po1ice Station on Howard. q IIARR-ANTS D PAYROLL Finance Director recomrnended approval of Warrants 2L594 -22199, duly audited, in the amount of $2,77L,546.9A andPayroll checks 47536 - 48275 for the nonth of June 1992 inthe amount of $1, 002, 099.58. Councilwoman Knight rnoved approval of the Consent Calendar. Seconded by Councilwonan OrMahony, carried unanirnously. OUNCIL COMMI Legislative Conmittee: councilwoman Knight reported the group hasasked each council review the Leaguets Legislative Bulletin andcall her with any concerns before she goes to these meetingsr. AB767, police officer discipline, needs letters to legislators;Kopprs Brohrn Act amendments have been changed to no longerrequire taping of closed sessions; severaf other bi11s will havehearings in near future. Airport: Councihroman O'Mahony had attended a neeting on July 7 and spoke on behalf of the city asking for a delay on the finaldetermination for the EIR until fa11 and consideration of mitiga-tion for backblast; the Airportrs draft mitigation she just received show that backblast is being considered for a pilotprogram. C/CAG is also dj,scussing backblast noise rnitigation. TSIiI: Vice tlayor Harrison presented the logo for Burlingamersproqram to the cornmittee for their l-ogo contest. OLD BUSINESS Conedy Club: Councilwornan Knight said she woul,d like to reviewthe Conedy Club from the Planning Cornrnission minutes of July 13,.staff explained that the action $/as not yet final on that itemwhich was continued to another Planning Cornrnission neeting.Council cannot call it up for review until final action is takenby the commiss ion. NEW BUSINESS Crininal Justice CounciL: Councilnan Lernbi said he regrets itbut needs to resign fron the Cri-rninal Justice Counci1. Nesrs-racks: Councj-lman Lernbi expressed concern about the nunber ofnewsracks in sone areas, a person canrt get from car to sidewalkbecause of the walls of ne\^rracks,. he coul-d understand the needfor freedon of the press, but this is a safety issue. Staff wiIIinvestigate the sites $/hich nay not be in conpliance with ourcurrent law. Televising Meetings: Councilwornan otMahony asked if councilrnight consider televising Council and Planning Commission neet-ings, it may be a good way to involve the community in citygovernment. She asked the staff to prepare a report to (1)evaluate cities which televise rneetings as to cost, rnechan j-cs, and the effect on council rneeting; (2) get the cable original agreement and evaluate merits, costs and promises they maderegarding televising council and Planning Comrnission meetings;(3) cost savings if we adopt televising rather then have anelection on an initiative; (4) the nurnber of cable customers inthe city. She mentioned she has received a number of cornplaintsin last couple rnonths about cabl-e; she was pleased to hear thatthere woul-d be conpetition in that area from the Baby Bel1s. 416 4L7 councilman Lembi nentioned the letter of cornplaint council received about the cable company raising rate for the sports channeL after a pronise of 'rlifetirnert fee of $5 if people signed up at certain tine; he thought city should wrj.te a strong letterto the cable company about breaking a contract with its custorn- ers. City Manager said he had spoken to the cable manager abouttelevising meetings and the nanager said there s/as no pronise offree televj.sing, they would provide air tine but associated costsfor equipment and production would be born by the city; city could provide the cable conpany with a tape of meetings; san Bruno has its own cable conpany and spent $85,000 remodeling the Council Chambers for televisingr' South San Francisco has had tohire two operators in order to televise neetings; he said anotice of intent to circulate a petition concerning televising meetings has been filed with the city clerk; the deadline forputting a measure on the ballot is August 7 and would cost thecity around $6,00o, a special election would cost three or fourtimes as much. City Attorney said he has two weeks to prepare atitle and sunmary for this proposed initiative petition. Coun- cilwoman Knight said there are also sone East Bay cities whj-chcould be contacted regarding televising rneetings. Councillroman Ortlahony said we should also acquire estimate of costs of instal-lation and ongoing costs. Irel,and: Councilwornan OtMahony said she had been asked toprovide city pins for a hromenrs soccer tearn going to Ireland. Schedule Hearing: Vice Mayor Harrison set appeal hearings August3 for 1255 Drake, and 2606 Summit and noted there may not be afu11 council present; he asked the appeltants be notified. Broadway Median: Vice lrlayor Harrison said the Broadsray median is overgrown with weeds and has faded astroturf, he asked staff tocontact CalTrans; staff said resurfacing with cobbLes or emboss-ing the surface has been consj-dered and would cost about $8,000. ACKNOWLEDGEMENTS Commission Minutes: June 9, 1992. Planning, July 13; and civil Service, Department Reports: Treasurer, June 30, 1992; RecreationRevenues, ]-997-92; Police Report, June 1-992. a b Letter from Mr s idewalks . and Mrs Corritore, l-800 HiIlside, regarding Vice Mayor Harrison thanked the Public works department forresponding to this letter. d e f Letter from Bert Peters regarding CalTrain and BART. Notice of Hiffside Construction Pernit for 9 Halrr^rard Court. Letter from Robert Merlet, La Gare Restaurant, Broadway BfD. regarding the Notice of Minor Modification for addition at 301 Clarendon. Water Rationingr Status Report, June 1992. g h i. Memo fron opponents to the Broadr,/ay Business fmprovementDistrict (BID) asking for council reconsideration. BfD: Regarding the two letters about the BID, Vice Mayor Harri-son suggested those opposed get on the new Board to rnake theirobjections known and make changes, the Business InprovementDistrict j-s presently established. City Attorney said the Boardis subject to the Brown Act and will post agendas and have openmeetings. Councilwornan Knight saj.d the BID is established but onbehalf of all the nerchants who are sti11 opposed she would notmind reconsidering it. council-\^roman orMahony said the Boutique newspaper reported inaccurately about the BID and appointment of 418 the Board, there were four applicants to the Board who votedagainst the BID and two of then were appointed. Community Picnic: Vice Mayor Harrison said he received a letterfron the Chanber of Commerce asking to serve tiquor at the Cornrnunity Picnic. Staff had not received a copy of that Letter,a request nust be placed on a future council agenda. F'ROM THE FLOOR Sandra Adams, 1110 Burlingame Avenue, said she used to be aIandscaper and recornmended further pruning of the frost danagedficus trees on Burlingame Avenue, she offered to prune the rosesat the train station; she also objected to shopping carts beingleft on streets and sidewalks. She said she was glad to livehere and felt safe. Judith A. Malfcity clerk l- Angelo DeIlacasa, L41 Victoria, registered a lengthy complaint about the PoLice Department. Mary Ann Titus spoke in opposition to the BID; she said a majori-ty of businesses are now against the BID; she thought it unfairto charge the very smallest business $300 and the largest only $400; other cities with BIDs are stoppinq then; she complained about appointments to the Board. Council discussed with her,they mentioned it might be helpful for her to read the Iaw concerning Business Improvenent Districts. ADJOURN}.{ENT IN MEMORY OF JANE PREWETT Vice Mayor Harrison said the city was saddened by the suddendeath of Burlingarne Elementary school Board member Jane Prewett. The neeting was adjourned at 9:10 p.m. after observing a momentof silence in her memory.