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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 :50 operty (3) t who r