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HomeMy WebLinkAboutMin - CC - 1983.02.074.'Ffr- BURLINGAME, CALIFORNIA February 7, 1983 CALL TO ORDER A regular meeting of the Burlj-ngame City Council was held o date in the City HaIl Council Chambers. The meeting was ca order by Mayor Gloria Barton at 8:03 p.m. PLEDGE OF ALLEGIANCE Led by City Clerk, Evelyn H. HiI1. ROLL CAIL n 1I the above ed to COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : MINUTES ATVISTRUP, BARTON, CROSBY, MANGINI, I.{ARTIN NONE Minutes of the Study Meeting of January 12 and the Regular Meeting of January 17, 1983 were approved. PUBLIC HEARING - SECOND READING - ORDINANCE l-243 . ESTABLISHING VISION SAFETY PARKING ZONES Director of Public Irilorks reviewed his memorandum of January 12 in which he recommended adoption of this ordinance. He stated the City of Alameda has had success with this type of parking zone which limits the parking of vehicles over five feet in height at certain corners. The Public Works d.epartment and Potice would determine which corners need this enforcement. Mayor Barton opened the public hearj-ng. There being no comments, the hearing was closed. Council discussed briefly, determining the parameters of this 1aw must be clear. Councilman Amstrup moved adop tion of Ordinance L243. Seconded by Councilman Mangini, carried unanimously by ro11 call vote. PUBLIC HEARING - SECOND READING - ORDINANCE L244 ADDING YIELD SIGN Director of Public Works reviewed his memorandum of January L2 in which he reconrmended adoption of this ordinance adding yield sign on Clarendon approaching Dwight. Mayor Barton opened the public hearing. There being no comments, the hearing was closed. Councilman Martin moved adop tion of Ordinance L244. Seconded by Councilman Amstrup, carried unanimous v yro ca 1 vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1245 ESTABLISHING WASTE WATER COLLECTION RATES AND CHARGES Director of Public lrlorks reviewed hi-s memorandum of January I0 in which he recommended adoption of this ordinance. This ordinance will in- crease the residential sewer rates about 4 percent and commercial rates about 8 percent. l4ayor Barton opened the public hearing. There being no commentsr the hearing was closed. Council-man Amstrup moved adoP tion of Ordinance L245.Seconded by te.Councilman Mangini, carried unanimous ly by roII call vo 458 r E r r t t I 459 Chief of Po1ice reviewed his memorandum of January 20 in which he re- commended denial of a massage permit for Nguyet Berger. City Codestates the permit shalI be denied if the applicant knowingly and withintent to deceive makes a false statement. Ms. Berger stated she had never been arrested for a crime involving moral turpitude. Fingerprints were sent to Sacramento and the report back revealed she had been ar-rested on March 9, 1982 by the Oakland Police for Section 6478 of the PenaI Code, dj-sorderly conduct-prostitution. Christopher HaIL, attorney for appeflant, stated no complaint was filed by the District Attorney and the matter was discharged. The appellant thought she had not been arrested. since she never went to trial .Appellant has three children and this is her only means of support. She attended School of Masseuse in San Francisco at great expense. She has had no other police contact. He requested council consider griving her probation period instead of revoking permit. Councilman Martin stated a person not convicted of a crime is notguilty. The remainder of Council acknowledged she had made a fal-se statement onher application which was ground for denial of the permit. Councilman Mangini moved to sustain the police department's denial- of a massage permit to Nguyet Berger. Seconded by Councilman Amstrup, carried by ro11 call vote, Councilman Martin voting no. RECONSIDERATION OF CONDITIONA], USE PERMIT FOR REPO DEPO 1669 BAYSHORE City Planner reviewed her staff report of January 31 in which she recom- mended council take action on the reconsideration of the use permit for Repo Depo. At the fast councj-l meeting, Councilman Crosby requested council- reconsider its decision of September 7, 1982 to restrict sales at Repo Depo to new and used office furniture and equipment on1y, no more than 20 percent new. Joseph Gelfer, attorney for Ronald Rosberg of Repo Depo, stated that Mr. Rosberg's position is that he is not in violation of his permit. He hoped that Council finds he is not in violation. He asked that there be no limitation on merchandise. He has been selling merchandise since L977. He said most significant is the Planning Commission minutes of Nlay 1977 in which the sale of merchandise such as watches' jewefry, etc., was considered; PC never objected to the sale of office suppLies, only the other items. He submitted a letter from Thomas Taylor with cor- roboration from Tom Sine that their understanding of that meeting in which they participated was that office supply sales were permitted. Joseph Ga11igan, attorney representing several businesses on Broadway and Burlingame Avenues, stated they are asking that council revoke the Repo Depo permit. The business is not zoned for that area, he is not paying the high rent of other retail businesses. He brought to council attention that Mr. Rosberg had been arrested. He couldn't believe council did not revoke his permit after arrests. He reguested that council get reports from Police Department and continue the hearing untit next meeting in order to review these reports. He also requested these reports be availabte for the public at the Library. He said if council- wants retail sales in that area it should be rezoned. Mr. Gell-er responded that he was amazed at the personal slanderous statements made by Mr. catligan. He stated Mr. Rosberg was convicted. of no crime. He also thought council should consider rezoning the area. Mayor Barton opened the public hearing. Speaking in favor was Mark Sinclair, a student. There being no further comments the hearing was closed. Council- discussed at length. In answer to council's question, city Attorney stated council was reconsidering its decision of September 7, 1982. Council could reconsider the Dercentages of merchandise sold and the office supplies j-ssue. He stated there is not sufficient evidence to consider revocation and that revocation has never been the question. Councilman Crosby stated he brought this back up for council because he has been bothered by his decisj-on. He emphasized he did not know Mr. Rosberg. APPEAI OF DENIAL OF MASSAGE PERMIT - NGUYET BERGER r 460 Councilman Martin declared this man was obviously given a permit to do something. He has been conducting the same business for elevenyears. The merchants did not object originally. He said one permit in the area does not open the area to all retail-. Councilman Mangj-ni stated he had no objection to opening the area tostationery stores with a permit. Mayor Barton and Councilman man was in violation of his Councilman Amstrup saj-d he was completely area to retail. He felt there was enough already. Amstrup reiterated their opinion that thepermit and the zoning laws of the city. against opening the M-lretail area in the city Councilman Amstrup moved to sustain the motion of September 7 Seconded by Mayor Barton, motion failj-ng on ro11 call vote. AYES: AMSTRUP, BARTON NOES: CROSBY, MANGINI, MARTIN Councilman Martin moved to allow sale of new and used office furniture and equipment, no more than 20 percent new, and offi-ce supplies andstationery. Seconded. by Councilman lt{angini. Councilman Amstrup wascedent. City Attorney concerned that council was assured it was not. not setting a pre- Motion carried on roll call vote. AYES: CROSBY, MANGINI, MARTIN NOES: AMSTRUPI BARTON RECESS Mayor Barton declared a recess at 9:35 p.m. The meeting reconvened at 9240 p.m. with all members present. AMUSEMENT PERMIT GUYS & GALS BOO AIRPORT BOULEVARD City Manager revj-ewed the Clerkrs memorandum of January 21 and recom- mended issuance of an amusement permit for sj-x months. Applicant Greg Cochran was present. Councilman Mangini moved approval of an amusement permit for six months. Seconded by Councilman Crosby, carried unanimously. SELECTION OF BOND ADVISOR - RESOLUTION 1O-83 - AUTHORIZING AGREEMENT City Manager reviewed his memorandum of January 24 in which he recom- mendeC the selection of Rauscher Pierce Refsnes, Inc., as financing consultant and Jones HaIl HitI a White as special bond counsel to study and recommend a fj-nancj-ng plan for construction of improvements to the wastewater treatment plant and collection system. He stated if council would like to interview the firms he would arrange it. The proposal calls for payment for services to be made from bond pro- ceeds. If bonds are so1d, the fee would be $151000 for financial advisor and $22,500 for bond counsel assumj-ng a $3.5 million issue. These costs would increase the effective rate of interest on a 20 year, I0 percent bond by approximately .2 percent. If no bonds are sold, the city would be required to pay direct expenses of approxi- mately $2,000. Councilman Martin objected to the five-year time period for the con- tract. City Manager was sure there would be no problem correctj-ng this. There was also discussion of the need for wording to cover only out-of-pocket expenses in case no bonds are j-ssued. Councilman Mangini moved adoption of Resolution 10-83 - Authorizing AgreementforrinancingConsu1tant.@ci1manMartin wLtf, tfre inclusion of Lhe changes discussed. Motion carried unani- mously. 461 TRAFFIC ALLOCATIONS FEBRUARY 1983 ANZA/BAYFRONT AREA City Planner reviewed her memorandum of February 1 in which she recommended council take action on the three requests for trafficallocatj-on. The three projects are the CIF Office project, theBurlingame croup (state lands) and the Hyatt Hotel. These projects would exceed the capacity for the Broadwiy interchange by 3 peicent. The Airport and Peninsula interchanges would stilt have capacity re-maining. Councilman Martin questioned allocation of phase IHyatt. City Planner confirmed that Hyatt was awarewould consider only Phase I. and I1 for thethat council Council discussed the upcoming restaurant traffic study. City planner stated it should be ready by the time of May traffic allocations and may add some traffic capacity. In addition there may be some projects whose allocations will expire, glving the city additional trafficcapacity. Council questioned the plans for the Burlingame Group project. David Keyston, Anza Shareholders, explained the Burtingame Group pro-ject will be two restaurants and a 300 room hotel. A11 buildings witlbe within cl-ty and BCDC guidelines. He again emphasized his concernthat the traffic study for the Marriott Hotef incorrectly placed 70percent of traffic going through the Broad\,ray interchange. He wasquite sure most traffic would use the Millbrae interchange, which would greatly ease the traffic capacity of the Broadway interchange. He requested a new study of Marriott traffic. Council saw no problem with quests, approving all the traffic allocation re- City Planner stated these and pay fees. If they docity. projects woufd. have 30 days tonot, the allocations will come start EIR back to the Councilman Martin moved approval of traffic allocations to the threeprojects, CIF, Phase I of the Hyatt Hotel- and the Burlingame croup. Seconded by Councilman Manginj-, carried. unanimously. HAZARDOUS MATERIALS RESPONSE VAN City Manager reviewed his memorandum of February I in which he revieweda letter from Supervisor Speier suggesting the County, cities and in-dustries jointly ad.dress the threat of hazardous material accidents. The fire chiefs, ABAG and Civil Defense Organization have been study-j-ng this problem for some time. Staff agrees that the concept of joint purchase and training is sound. Councif discussed briefly, agreeing that it would wait to see under whose direction the supported the program h'ould concept and be developed. CONSENT CA].ENDAR The item on the Beautification Comnission request for trash receptacles at the medical building at l-750 EI Camino was removed after council ex-pressed concern that trash coflecting along the fence would be coming from the other side of the highway and not the medical builtling due tothe prevailing winds. Mayor Barton suggested sending back to Beautifi- catj-on Commission for further study. 1. CLAIMS: (1) FRANK MELLADO, (2) JOELLE BENIOFF, (3) VINCENT MARCELLINI , (4) EDWARD SCHERMERHORN, (5) CHO FAN NG, (6) ROBERT & JEAN OHLSON City Attorney recommended denial- of claims. ]-246 - REPEAIING AUCTIONEER LICENSINGINTRODUCTION OF ORDINANCE PROVI S I ONS 2 City Attorney's memorandum of Januarythis ordinance. Effective January 1field of licensing auctioneers. recommended introduction ofstate has taken over the T4 the it a 462 3. INTRODUCTION OF ORDINANCE 1247 CORRECTING STOP SIGNS City Attorney's memorandum of Januaryof this ordinance amending stop signsstated in the City Code. 18 recommended introduction which were incorrectly ooc .lJ 4 . RENEI.TAL OF AMUSEMENT PERMIT FOR ROUTE 6 6 26f CALIFORNIA DRIVE City Clerkrs memorandum of January 14 and pol-ice Report reconunendedrenewal of amusement permit for a period of one year. 5. POLICE ALARM SYSTEM - MOVE TO NEW POLICE STATION City Managerrs memorandum of January 24 and police Report recom- mended procedure for moving private alarm system to the new pol j-ce station site and bi11in9 the cost to the subscrj_bers. 6. AGREEI4ENT FOR LABOR NEGOTIATIONS I 9 rro C o .l-)dtroo>oddcd 0.-{.-r U.l,.-tdooE!EdoJ c) i0J f.r lJ .h>.tJ .tJ - d 'Flu.d oE+)-.r 0) 16 (,.q.i rJ .tloc5qroooBtr.+J Er' .-1 oOO li .lJ '.1 .lJqrtr ooo..t 0).rJ p. (J Qro.qOJ 1Joox.qdo{J C o,gc>oooo-a.lJ -..{ {J '.{..1 i.P .+!r{ ord(rdEoBlrCdodE trEld.-r .p o-.1 tuolr ts;do ..r .(o>! City Managerrs memo randum oize the firm of Whitmore an 1983. anuary 24 recommended council author-ay to handle labor negotiations for fJ dK 7. RESOLUTlON 1f -83 MODIFYING PLANNING DEPARTMENT CHECK FEES City Planner's memorandum of January 26 recommended adoption of theresol-ution establishing a fee for plan checking of commercial re-modeling and conversions of warehouses to office val-ued on cost ofconstruction. RESOLUTION 12-83 - AUTHORIZING EXECUTION OF AGREEMENT FOR CITY PLANNING SERVICES City Managerrs memorandum of January 31resolution authorizing the City Manager agreement for city planning services. recommend.ed council approveto execute a one-year RESOLUTI ON RE STAURANT 13-83 - AUTHORIZING EXECUTION OF' AGREEMENT FOR SERVICES - SURVEY PEAK HOUR TRAFFIC E..t 6 ,-to o B.lJ o.^oJ-u. o .lJ Director of Public Works memorandum of February 2 recommendedcouncil authorize staff to retain Louis H. Larson, Civil andTraffic Engineer, to perform a peak hour traffic origin and destin-ation survey for the Bayfront restaurants. The $4,500 cost wil-1 come out of Contingency Fund. SPECIAL ENCROACHMENT PERMIT FOR ANTIQUE FENCE 128 BANCROFT ROAD City Engineer's memorandum of February 3 recommended council ap-prove the encroachment permit for an antique iron fence wj-thj-n thestreet right-of-way and in back of the sj-dewa1k. Counc ilman Mangini moved. approval of the Consent Calendar. Seconded by Councilman Crosby, carried unanimous 1y. OLD BUSINESS - AIRPORT ROUND TABLE AMENDIUENTS City Attorney reviewed his memorandums of February J. and January 24 regarding incorporation of the Airport Round Table. He expressed his scepticism of the idea and questioned the motives of San Francisco.Ordinarily a joint powers authority is formed when public agencies wishto pursue an objective. He also questioned the exclusion of any mention of the Brown Act in this incorporation. Mayor Barton stated she has asked why they need this incorporation and always gets the answer that it is the only way they can hire ancl pay for consultants. City Attorney stated this is totally incorrect, ajoint powers authority can and does do this. Council agreed Mayor Barton tion . should continue to vote against incorpora- NEW BUSINESS DEBRIS BUILDING UP AIONG EL CAMINO DUE TO STOP.I.4S Councilman Amstrup requested Cal" Trans be notified that debris is building up along E1 Camj-no and needs to be cleaned up. I 463 POLICE CONVENTION STSTER CITY QUESTIONNAIRE Mayor Barton requested staff respond to the questionnaire she re-ceived from the Sister City Organization. ACKNOWLEDGMENTS 1 Commission Minutes: Beautification, January 18; Planning, January 19 and 19 83. January 6; Library Board,24; Recreati.on, January 20, 2 3 Proclamation - Arbor Day - March 7, 1983. Commendation to Richard H. Williams Schoof, upon leaving Burlingame High 4 5 Letter from Chamber of Commerceparking request. thanking council for approval of Letter from Alex Bennett requesting to be placed on a council agenda regarding flooding in the industrial area. Letter from RPC regarding bikeway path on Skyline. Letter from Chamber of Commerce regarding an advertising pro- motion by Hern Enterprises which is not connected vrith [he Chamber's75th Anniversary p1ans. 6 7 Memorandum from Director of Public I^7orksof the free parkj-ng and Saturday parking ADJOURNMENT Meeting regularl,y adjourned at 10:35 p.m regarding implementation requests from Chamber . ffi""ty"a'frl nirCity Clerk I Mayor Barton extended councif's commendation to the Chief of police for arranging the very successful convention of police Chiefs heldrecently in Burlingame. 8.