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HomeMy WebLinkAboutMin - CC - 1992.11.18CITY OF BURLINGAME CITY COUNCIL STUDY MEETING Wednesday, November 18, L992,7:30 p.m. City Hall Conference Room A Mayor Bud Harrison convened the study session of the Burlingame City Council on the above date in the City Hall Conference Room A at 7:30 p.m. PRESENT: COUNCILMEMBERS HARRISON, KMGHT, LEMBI, O'MAHONY, PAGLIARO STAFF PRESENT: ARGYRES, COLEMAN, MONROE, KIRKUP I. SMOKING CONTROL ORDINANCES City Manager reviewed the staff report concerning the existing Burlingame smoking control ordinance that was adopted in 1987. The curent ordinance requires a non-smoking area in restaurants with seating of 50 or more but does not specify the size of the area. It also requires a smoking policy in places of employment but does not does not specify the content of that policy. Of the 450 cities in Califomia, approximately 250 have ordinances of which approximately 60 are stronger than the existing Burlingame ordinance. Councilman Pagliaro stated that he felt Burlingame should be a leader in smoking control and that other cities in San Mateo County are looking to Burlingame. He discussed a survey which shows that restaunnts which ban smoking experience no economic hardship. He suggested a proposed ordinance which would allow no smoking in places of employment or open to the public, except for bars, sole proprietor offices and homes. He also felt we should restrict vending machine sales of cigarettes. Mayor Harrison reviewed the suggestions of a Millbrae committee studying smoking regulation. Councilwoman Knight supported Councilman Pagliaro's position and reviewed the definition of bars from the Novato ordinance and Concord's definition of hotels. Councilman Lembi stated he is against smoking but felt there was a need to be fair. He suggested a committee be formed with representatives from the hotels, offices, restaurants, and Chamber of Commerce to provide input on this subject. Councilwoman O'Mahony stated she is also against smoking but would rather use business peer pressure rather than legislation to deal with the matter. She liked the committee idea, supported no smoking in businesses but felt that in difficult economic times, we may be creating a hardship for restaurants. She like the county control ordinance and some of the ideas from Millbrae. Mayor Harrison stated he is strongly antismoking given some personal experience, but questioned how much regulation the city should institute. He wants input from the restau- rants, hotel council, chamber of commerce, and office council with the intent of making them part of the process. Councilman Pagliaro favored input and stated he is not against smoking in individual hotel rooms or at private hotel parties but felt peer pressure among businesses alone will not work. He asked if the council could support an additional regula- tion on vending machines. After more discussion the council asked for public comment on the matter. Karen Cannon, a student at Burlingame High School, stated she felt peer pressure alone would not work and that we needed additional regulation. Ednamae Campanile, representing Broadway mer- chants, felt additional input was needed and that whatever is adopted needed to be simple to be understood. She also stated we have a large problem with the foreign visitors who are very important to business. Joe Vanessi, of Vanessi's restaurant, stated that council should ask for additional input from the restaurants and hotels. Craig Smith of the American Lung Association stated that studies show that businesses that ban smoking are not economically impacted. A recent survey shows that 38 of 5l restaurants favor a smoking ban. Smoking is a public health issue. Georgette Naylor of the chamber of commerce stated that the chamber of commerce is willing to help obtain input from the business community. Mike Bornstein of County Health stated this was a health issue and offered assistance. After receiving public comment, the council direction was to ask the chamber of commerce to call a meeting of representatives of the off,rce, hotel, restaurant, and business community to develop input about what form a stricter smoking control ordinance might take. The item was calendared for the February 10 study session to discuss the input of these groups and 477 478 regulation. Councilman Pagliaro asked about vending machines. It was council's direction that staff prepare, for introduction at the December 7 council meeting, an ordinance similar to Novato regulating vending machines. 2. OUTDOOR LIGHTING REGULATION City Planner indicated that the curent urgency ordinance regulating outdoor lighting would expire in December and the existing ordinance is very restrictive. She reviewed with council the experience with the present regulations, some of the problems in the commercial area, and enforcement issues with the existing ordinance. Councilman l€mbi stated he felt we have over reacted with the existing ordinance to address a very limited number of com- plaints. After reviewing the seven points which regulation might address in the staff report, it was council consensus that item 1, conceming defining the limits of lighting so that the glare and cone of light must be kept on the entire property was acceptable, as was item 2, conceming allowing only shielded light fixtures so long as glare and cone of light met requirement 1. Council did not support items 3, 4, and 6. However, they felt item 5 addressing motion sensors and a height maximum above grade and item 7 prohibiting flood lighting should also be considered further. Finally, they directed staff to focus on regulating exterior lighting on residential properties. They felt commercial properties were addressed in the zoning ordinance except that the maximum height of 9' and focus of cone of light and glare on site should be addressed. Appeal procedures ought to be included to address unique situations. 3. HOUSINGELEMENT ALTERNATIVES Council discussed the recent letter from the State Attomey General indicating that we are out of compliance with state law concerning our existing housing element. It was the council consensus that the city needed to address this issue and we should update our housing element. Based on discussion with the city planner, the council direction was that the staff would seek proposals from outside consultants for preparation of the element with the time frame that the housing element be adopted not later than January 1,1994. The public participation would include study session wilh the council and a public workshop plus the public hearings before the council and planning commission. City Manager was directed to reply to the State Attomey General's letter. 4. COUNCIL COMMENTS Councilman Pagliaro asked whether the City Manager had discussed with the recreation staff the little league/pony league situation and the need for the staff to remain neutral. Manager indicated that he had. Councilwoman O'Mahony clarified her defrnition of peer review pertaining to the smoking ordinance. 5.LI There were no additional public comments. ADJOURNMENT The meeting was adjoumed to closed session concerning personnel and labor relations at 9:18 p.m. The meeting adjoumed at 10:40 p.m. Judith A. Malfatti City Clerk Staff was directed to draft an ordinance for introduction at a future council meeting. Councilman Pagliaro asked that there be provision for appeal of the ordinance to the planning commission. Councilwoman Knight asked if the mediation service might be useful in the neighbor versus neighbor disputes. Manager reviewed it may be useful, but the program was voluntary at this time.