HomeMy WebLinkAboutMin - CC - 1987.05.1854
BURLINGAME, CALIFORNIA
May 18, L987
CLOSED SESSION
Council met in Closed Session in City Hall Conference Room A at
p.m. on the above date to discuss (1) Property Acquisition of th
Bowling A11ey; (2) Labor Negotiations, €rtrd (3) Pending Litigatio
Hillsborough. A11 council members except Councilman Mangini wer
present, as were the City Manager and Qity Attorney.
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council ua
on the above date in the City Hal1 Council Chambers. The neetin
called to order at 7:38 p.m. by Mayor Gloria H. Barton.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by City Planner Margaret Monroe.
ROLL CALL
COUNCILMEMBERS
COUNCILMEMBERS
MINUTES
Minut es of the
HEARINGPUBLI
PRESENT:
ABSENT:
Regular Meeting
SECOND READING
of May 4, 1987 were
ORDINANCE L344
approved.
SMOKING CONTR
AMSTRUP, BARTON, LEMBI, PAGLIARO
MANGINI
City Attorney reviewed his memo of ApriL 27 in which he recommen
council hold public hearing and take action. Under Lhis ordinan
smoking in city facilit.ies is prohibited whenever there are publ
meetings taking place. Smoking is also prohibited in waiting ro
lobbies and public hallways of city buildings, although cigaretL
smoking is allowed i.n a lobby adjacent to a public meeting. Sep
smoking areas can also be designated. Smoking is prohibited in
restaurants with over 50 seaLing with the condition that a resta
may establish a smoking area of up to 50 percent of its seating
capacity. Doctor and dentist offices are resLricted to no smoki
waiting rooms. hlork places must establish a written smoking pol
within 90 days, but violations will noL be enforced by t.he city.
Private residences, bars, and private functions in hotels and mo
are not affecLed. Signage is required indicating the location o
smoking sections.
Mayor Barton opened the public hearing.
Pierre Salmon, M.D. retired, stated his support of smoking contr
Jean Cockcroft, resident for over 40 years and member of Lhe Boa
Directors of the Cancer Society, spoke in support; William Johns
M.D., head of radiology and oncology at Peninsula Hospital, spok
support, he also told of non smoking program at Hospital and gen
public support for this program.
Julian Kane, attorney representing Lhe San Mateo County Hotel an
Restaurant Owners Association, spoke in opposition to the need t
provide 50 percent seating for non smoking. He suggested provis
t.haL no specific number of seats in a restaurant should be desig
as smoking or nonsmoking, therefore the proportion of nonsmoking
smoking could change at various times of the day or week as cust
denands changed.
In response to council, Kane agreed that restaurants should have
smoking areas, but to mandate the size was wrong. Kane thought
better to require that restaurants ask patrons their preference.
Staff also noted letter from the Health Alliance requesting coun
give preference to the non smoker in work place smoking policies
held
was
on
at ed
mer
i1
:15
o1d
wi th
ed
e
c
[Sr
rate
rant
gin
cy
e1s
non
1s;
dof
n,
i-n
ral
non
t.
55
Mayor Barton closed the public hearing.
Councilnan Pagliaro moved adoption of ORDINANCE 1344 as written.
Seconded by Councilman Lembi.
Council discussed at length; having no percentage or number
requirements; difference betlreen setting specific smoking area and
letting restaurants move the area around at their need; 50 percent
figure has been in ordinance for three months, why didnrt council
discuss concerns earlieri see nothing urong uith letting restaurant
decide smoking area size necessary; saw no problem with givj-ng non
snoker preference in work places; enforcenent of work place policies
would go to Super j.or Court, c j.ty will not enforce.
Counci.lman Lenbi withdrew his second of the motion. The motion then
died for lack of a second.
Councilman Pagliaro Ehen noved to adopt ORDINANCE 1344 as revised to
delete the 50 percent requirenent for restaurants but lncluding the
provision that non srnoking area be provlded in restaurants uith
seating over 50 and that preference be given to the non smoking
employee in any work place smoking policy. Seconded by Councilman
Lembi, carried unanimously 4-0 on ro11 cal-1 vote, Councilman Mangini
being absen!.
PUBLIC HEARING - SECOND READING - ORD]NANCE 1345
CHANGES ]N WEED ABATEMENT PROCEDURE
MAKING CLERICAL
City Attorney reviewed the City Clerkrs memo of April 27
recomnended council hold public hearing and take action,
ordinance will nake clerical changes in reference to the
council meetings and the manner in which any assessments
the tax ro11, it wi 11 reflect our current pracEice.
in which she
This
tlme ofare placed on
Mayor Barton opened Lhe publ-ic hearing. There being no public
comroents, the hearing was closed.
Councilman Amstrup moved adoption of 0RDINANCE 1345. Seconded by
Councilman Lembi, carried unani.mously 4-0 on ro11 call vote.
REVIEW OF PLANNING COMMISSION ACTION
AT 150 CALIFORNIA DRIVE
ON LIGHTING PLANS FOR AUTO SALES
City Planner reviewed her memo of May 8 in which she recommended
council hold a public hearing and take action. The applicants, Arata
Motor Sa1es, are requesting lighting for the car sales area at 150
California Drive. There is a four 1eve1 parking structure as part of
this auto dealership. The front 29 feet along California Drive and
the top deck of the parking structure are to be used as auto display
and sales areas. The applicant proposes to place eighE 400 uatt
halide light fixtures on three poles rising 18 feet above the top deck
of the parking structure. The lights uil1 be shielded so that the
direcE lighE is focused on the parking deck. Along the Californiafrontage they will place five 20 foot poles with 1000 watt halidefixtures. These poles are existing and are now in p1ace, the fixtures
are tilted to direct the light onto the site, there is a sma1l
spillover of light onto the public sidewalk. The parking deck lightswill be on from dusk until 10 p.m., as will the Lights on California.
The li.ghts will be placed on a tiner. Ten percent of the ceilinglights in the parking structure will be kept on all night for security
as will lights in the stairwells of the structure, the only J-ightsleft on all night on the top deck will be the exit sign f.ights. The
Planning Commission approved the lighting plan with conditions at its
meeting of April 27, L987.
Councilnan Pagli.aro noted he had ca1Ied this project up
that he had visited the four story parking structure and
some existing lights there; City Planner said if plan is
tonight only the lights on plan would be allowed.
Mayor Barton opened the public hearing.
Blake Mason, architect for the applicant, reviewed
lights and the fact that they would be shielded to
for review and
there are
approved
the placenent of
reflect d ownwa r d I
PltDb
the present lights are temporary and are used for sales; the
appli.cants want Lo i-mprove the lights with the plan before counci
tonight; Councilman Amstrup wondered about lights on other level
the structure shining out into neighborhood; Mason noted all 1ig
would go off at 10 p.m. and if there is problem they might be ab
shield them in some way; council noted its concern about complai
from the neighborhood.
There being no other public comments, Mayor Barton closed the pub
hearing.
of
S
1 to
ac
ro veCouncilman Amstrup
the lighting plans
mo ved
with
to uphold the Planning Comnission and ap
conditions. Seconded by Councilman Lembi
Councilman Pagliaro again noLed his concern
properties; the fact that they already have
to putting up 18 foot poles on the roof and
were adequate. In response to council, City
would be reviewed in 6 months, or earlier if
complaints.
about the neighboring
lights there; he obj
felt the present 1ig
Planner noted the p
there are any neighb
The motion carried 3-1 on ro11 call vote, Councilman Pagliaro
no.
ted
sject
r
vo ng
REVIEW OF PLANNING COMMIS S ION ON AUTO SALES LOT AT 1028
USE PERMIT
ACTION
PECIAL
and if
in viola
OLAN
d
ion
ate
ea
add
1 ded
fromt10ril
rear
ere
r_ on
RESOLU roN 42-7-R VIN
City Planner reviewed her memo of May B in which she recommended
council hold public hearing and take action. The applicants are
requesting a special use permit to operate a used car sales lot
auto brokerage business in the existing building on the front po
of the site at 1028 Carolan. The applicants are proposing to op
car sales from this site seven days a week with three full time
employees on site and 10 to 15 cusLomers a duy; presently t.hey h
similar business elsewhere in Burlingame. They propose to use t
existing lighting standards along the Carolan frontage, they wil
t,wo 300 roatt fixtures to each po1e. The new fixtures will be sh
to direct light downward and they requested thaL the lights be o
7 p.m. to 6 a.m. daily; Planning required that the lights go off
p.m. buL low leve1 security lights will be allowed to remain on
6 a.m. Previous use of this site was tire repair and sa1es. Th
100 feet of the site would be used by Miller Chevrolet for neu c
storage, Miller holds the lease on the entire site and is sublea
portion of the site to the applicants. At the Planning Commissi
rneeting there was concern about the fire exit access at the rear
the siLe; applicants have meL with the Fire Department and a
satisfactory arrangement has been worked out and is now included
the conditions.
Councilman Pagliaro noted his object.ion to the light.ing plan not
reviewed before installation and would only be reviewed if t,here
neighbor complaints; he was concerned about spillover of lightin
neighboring properLies. Other council members were satisfied th
review would take place in six months, or with any complaints.
Mayor Barton opened the public hearing. There being no comnents,
hearing was closed. Applicants were present and one walked out
meeting. Mayor Barton said questions brought up tonight could h
been ans!/ered by staff before calling the project up for review.
nga
f
1n
eing
ere
o nto
t.he
f the
e
on site,CityCouncilman Amstrup wondered if car repairs would be done
Planner said the use permit does not include car service
were any car services performed the applicants would be
of their special permit.
Councilman Pagliaro moved to approve the use permit by adoption
RESOLUTI0N 42-87 wit.h conditions and the additional condition th
direct lighting be confined to the site. Seconded by Councilman
Lembi, carried unanimously by ro11 call vote.
AMUSEMENT PERMIT - MARRIOTT HOTEL
City Attorney reviewed his memo of April 9 in which he recommend
granting an Amusement Permit for a disc jockey in t.he lounge of
f
t
d
he
S
57
Marriot.t HoteL fron
unusual problems at
hote1.
9 p.m. to 1
this site.a.m.
There
Police DepartmenE reports noparking problems at the
The
are
Councilman Pagliaro said the parking is impossible, particularly on
weekends, valet parking should be availabl-e for all customers or the
garage should be open.
Steve Sharple, General Manager of Marriott, reviewed the need for
valet parking and the business Marriott is bringing to Burlingane.
Parking is difficult because Marriott often has 100 percent occupancy
and conventions which 1oca1 people atLend at the site. Councilnan
Pagliaro agreed they are doing a r^tonderful job but there are still
parking problems, woul-d like to see hotel open the underground parki.ng
or not charge for valet parking. Sharple comnented on the high cost
of providing valet parking, uniforms for Lhe attendants, wages and
insurance; the hot.el is not making any money on the valet parking; j-t
is provided free for patrons of the restaurant.
Councilman Anstrup said this valet parking is good training for young
people, hotel is providing jobs.
Councilnan Amstrup rnoved to approve the Amusenent Permit for a period
of one year to the annual renewal in June of 1988. Seconded by
Councilman Lenbi, carrled unanimously by voice vote.
REQUEST FOR ANNEXAT]ON NEWHALL AND FOREST VIEW - RESOLUTION 43-87
City Planner reviewed her memo of May L2 in which she recommended
council review the request for annexation of the property of Newsom.
If council feels annexation is approprlate, council should approve the
resolution determining property tax exchange. If Hillsborough also
approves a resaLution for property tax exchange, then LAFC0 will
consider the annexation. After LAFC0 approval, Burlingame will hold apublic hearing on the annexation and if less than 25 percent of the
property ouners involved protest, the land will be annexed to
Burlingame.
David Newsom would like to annex to Burlingame i.n order to subdividethe undeveloped portion of his 1and. Newsom r+ould be required to pay
all fees for extending city utllities to this site and for installing
curb, gutter, sidewalk and improving the unimproved portion of the
street to current city standards.
Council questioned staff on public inprovements, street lights,
sidewalks, city could form an assessment district to install sidewaLks
and public ir[provements on the remainder of Newhall if the residents
on that portion of the street wished. Mini-mum size of 1ot a1l-owed at
annexation is J-0,000 square feet in Burlingame, Newsom could only
develop one additional Lot from his property and he is aware of this.
Councilman Lembi noved adoption of RESOLUTION 43-87 approving tax
exchange. Seconded by Councilman Anstrup, carried unanimously by
voice vote.
CANCELLATION OF NEXT STUDY MEETING CHANGE DAY OF JUNE STUDY MEETING
City Manager reviewed his memo of May 12 in whj.ch he suggested
cancel the May 20 Study Meeting since tuo counciL nembers will
unavailable and there are no pressing agenda j"tems. The June
Meeting should be moved to June 10 for the budget revlew.
council
be
17 Study
Council concurred with these changes.
PROPOSED 1987-88 BUDGET - REFER TO STUDY
Council accepted the proposed budget and referred it to the June 1O
SLudy Meeting.
Budget Chairman Amstrup noted thi"s j-s a conservative budget and urged
council nembers to review the departments they are responsible for and
get any suggestions for change in vlrj-ting to the Clty Manager at least
five days prior to the June 10 meeting.
58
CONSENT CALENDAR
Councilman Pagliaro requested discussion of j.tem tta. Chamber Sub
of Train Station.tr He noted there is no provision for liability
coverage of the city in the attached contracts. After some disc
council agreed to add wording to the sublease contract, that the
chamber shal1 name the cit.y as additional insured and indemnify
defend the city. He also noted he has a conflict of inLerest o
items rrcI and rrSrr in that his f irm represents George Hi11s Compa
Callendar, Black & Veach and San Mateo County, listed under Warr
a.RESOLUTION 44-87 - APPROVING SUBLEASE OF TRAIN STATION TO T
CHAMB RO CO
City Manager t s memo of May L2 recommended council
agreement to sublease the Burli-ngame Avenue Train
to the Chamber of Commerce.
approve t
Station o
b.RESOLUTION 45_87 AGREEMENT
c.
CITY OF MILLBRAE FOR SHAR
AT MURCHISON DRIVE
WITH
ETC.ELECTRICAL COSTS OF SIGNALS
Traffic Engineer I s memo of May 8 recommended council approv
agreement for sharing the electrical energy costs of facili
at the intersecti-on of El Camino and Murchison Drive.
City Attorneyts memo of May 5 recommended
agreement r,,rith George Hil1s for liability
There is no change in the contract excepL
in the adjusterrs hourly wage rate.
council renew cit
claims administra
a $2 an hour incr
d. RECOMMENDATION AGAINST DIAGONAL PARKING ON PARK ROAD
Director of Public Works recommended that diagonal parking
installed on Park Road between Howard and E1 Camino due to
number of driveways and the lack of sufficient street widLh
e. DENIAL 0F CLAIMS: ( 1 ) GLORI
t
City Attorney recommended denials.
AUTHORIZE SUPPORT OF AB 1608 UNSAFE COMMERCIAL VEHICLES
Police Chiefts memo of May 5 recommended council support th
legislation.
oo RESOLUTION 47_87 - AUTHORIZE CONTRACT FOR REMOVAL OF UNDERG
F
Fire Chief I s memo of May L4 recommended city contract with
C. Bat.eman Petroleum Services for an amounL not to exceed $to remove several small underground fuel storage tanks and
install one large diesel tank next to our existing 12,000 g
gasoline tank on North Carolan.
h. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 34635 3duly audited, in the amount of $1,139,249.90 and Payroll Ch74801 75473 for the month of April L987 in Lhe amount of
$699, 581. 60.
Councilman Lembi moved approval of the Consent Calendar with t.he
insurance addition to the Sublease contract, and with Councilman
Pagliaro abstaining f rom the voLe on item rrcrr and portions of tth
to conflicts. Seconded by Councilman Lembi, carried unanimously
voice vote.
OLD BUSINESS COUNTY TRANSPORTATION COMMITTEE
Counci lman
Coun c i lnan
Amstrup reviewed the meeting
Pagliaro had attended. Many
which he and
people spoke
Mayor Barto
against the
ease
be
OUND
S
nd
NG OF
o
h
t
e
ssl_on
y and
nts.
thi s
ies
ts
ion.
ase
ame s
8,000
1 1on
993,
cks
due
by
and
plans
isfices
RESOLUTION 46_87 RENEWING AGREEMENT FOR INSURANCE
ADMINISTRATION WITH GEORGE HILLS COMPANY
59
for tax use, particularly BART and he was amazed at the lack of
response to public comment. PagJ-i-aro could not envision people
getting off a plane, dragging luggage and fami.ly to a shuttle, then
onto BART, then off BART and into a taxi in San Francisco. They
presented Burlinganer s position paper; council- would like to see more
cities represented on the conmittee. Council nust attend these
meetings to be sure the city is represented.
SISTER CITY
Mayor Bart.on acknowledged a request for payment of dues to the
Mexico/US Sister City organization. Councilman Pagliaro felt this
should not be paid, since there is no activity Hith our Sister City
and thls organization is not the same as the International Sister City
organization. Mayor Barton recognized Bill Garcia in the audience,
Bill had been active in the Sister City group, and she requested he
inquire if there is any interest in continuing the affiliation with
our present sister city, Cuernavaca. 0ther council members noted that
a city can have several sister cities and they saw no reason to drop
our present sister city.
NEW BUSINESS - CITY SELECTION COMMITTEE
Mayor Barton asked for any suggestions on nominees to several
committees to vlhich appointments will be made next Friday. Councilman
Pagllaro asked for council support in appointment to the Hazardous
Waste Committee. Mayor Barton asked that a letter be sent to county
Mayors asking for Frank Pagliarors appointment to the Hazardous Waste
Conmittee.
COUNCIL REVIEW OF PLANNING ITEMS
Councilman Lenbi asked if there could be developed some guidelj.nes for
calling up Planning Conmission actions for review. He felt some of
these reviews were taking too much of an applicantrs time. Mayor
Barton mentioned that in the past council nenbers would question staff
before calling anything up for review, nany ti.mes this process will
answer questions without so much de1ay. Council set for sEudy.
SET APPEAL HEARING
Mayor Barton scheduled an appeal hearing for
food take out service. Staff noted that only
would be present for that meeting, appellantgiven a choice of the following meeting date.
June 1 for 346 Lorton
three council members
wi 11 be notified and
RENT CONTROL
Councilman Lenbi menti-oned there lras a Notice of Intent to Circulate a
Petition for Rent Control presenled to the city. He rcondered if
council" could study what this type of proposal would cost the city.
City Attorney said city does not have a copy of the proposed ordinance
as yet, but he will request a copy. CounciLman Anstrup hoped these
peop1e were aware that they must have a copy of the ordinance present
when the petition vas circulated. City Attorney noted staff has met
with the proponents to discuss these issues and that the proponents
are aware of these requirements.
ACKNOWLEDGMENTS
a Commission Minutes: Beautification, May 7; Traffic,
Parking, April 9; Library Board, April 2J-; Planning,
Civil Service, April L4, 1987.
Safety and
May 11;
b
c
d
Treasurer r s Report, April 30,
Letter from Rosernary Wllkinson
Lelter fron resident regarding
on Broadway.
1987.
regarding pornographic newsracks.
need for red zones or stop signs
e P o1i. ce Report , April 1987.
60
f. Letter from Superintendent of San MaLeo Union High SchoolDistrict regarding development fees.
g. Letter from Committee on Water Policy Consensus urging oppto AB 1710.
Council agreed to write letter in support of the committee.
h. Meno from City Attorney regarding cleanup at Burger King.
FROM THE FLOOR
There were no public comments.
CLOSED SESSION
Mayor Barton adjourned the meeting Lo a Closed Session on (1) P
Acquisition of the o1d bowling a1ley, (2) Labor Negotiations an
Pending Litigation with Hillsborough at 9225 p.m.
She noted the meeting would be adjourned in memory of Jack Wrig
died recently at the age of 99. Mr. Wright was the city I s form
Civil Defense Director. A moment of silence was observed.
ADJOURNMENT IN MEMORY OF JACK WRIGHT
Mayor Barton adjourned the meeting in memory of Jack Wright at
p. m.
udith A. Malf attiCity Clerk
sition
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operty
(3)
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