HomeMy WebLinkAboutMin - CC - 1993.07.19BIJRLINGAME, CALIFORNIA
July 19, 1993
CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the
City Hall Council Chambers. The meeting was called to order at 7:31 p.m. by Mayor Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG
I-ed by Assistant Fire Chief Reilly
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO
NONE
MINUTES
The minutes of the Regular Meeting of July 7, 1993 were approved unanimously on motion of
Councilwoman O'Mahony, second by Councilwoman Knight.
PUBLIC HEARING - APPEAL FOR PARKING VARIANCE AT 1027 CALIFORNIA DRIVE
City Planner reviewed her memo of July 1.3, 1993 which recommended council hold a public
hearing and take action. Bogdan and Jeannine Klopocki, applicants, are proposing to add a 897
square foot (SF) auto parts storage area and a 371 SF office area on a new mezzarine for an auto
repair shop at 1027 California. The auto repair use is permitted in this C-2 zone. The existing
building, previously used as a plastics molding factory, had only two off-street parking spaces
located at the front of the building which can only be exited by backing onto California. Current
parking regulations would require 7 parking spaces for the existing building. The parking variance
is required because the new square footage being added to the mezzarine requires one additional on-
site parking space. In addition they will provide auto stacking racks/parking hoists which will allow
storage of cars three deep vertically in the area of a single parking stall. They will employ a
maximum of four full time employees (including themselves). The Planning Commission approved
this request at its meeting of June 28; the decision was appealed by a neighboring businessman,
Mike Spinelli, because of concerns about impact of this use on parking in the area. Four letters
were received after preparation of the staff report, two in favor from Jeffrey Griffiths, property
owner, and Michael Berube, a cofllmercial property broker, and two in opposition from Chris
Marios of Thomas Auto Body, 1019 California, and John Fontaine of Broadway Sheet Metal, 1015
California. Councilwoman Knight said she would abstain from discussion and vote because the
property owner is her campaign treasurer and friend.
Councilwoman O'Mahony asked about nearby green zones on curbs and the red zone across the
street, wondered if people could be allowed to park there. Public Works Director said the green
zones were allowed by the traffic commission recently and the red zones protect the approach to the
Broadway intersection to allow more width to the street leading up to the right-turn lane, also there
is some danger to people crossing mid-block California when parked on east side; O'Mahony also
asked about parking in the train station parking lot, he replied anyone who pays fee can park there.
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Mayor Harrison opened the public hearing. Jeannine and Bogdan Klopocki, applicants, said they
are installing more parking with a new more efficient parking design; showed photos of parking in
area and presented a letter from Belmont Police Department regarding their business in that city and
lack of parking problems; felt this use was appropriate and good for the area; this is the only facility
on that block which provides any parking on-site; they are also meeting all building code require-
ments including fire sprinklering the building. Councilwoman O'Mahony asked about employee
parking. Also speaking in favor of the request was David Black, 2490 Poppy, a property developer,
who noted this is a use allowed in the area, is a good use for the site and will have less parking
impact than other businesses which could locate here without a variance. Jeff Griffiths,2470
Poppy, representing the trust that owns propefiy, said green zones reduce parking available and
Caltrain has no objection to people parking in the lot during day.
Speaking in opposition was Mike Spinelli, 1017 California, the appellant, who said a parking
variance would create a hardship for other business in area; they would like two more green zones;
train lot is full and no street parking is available, auto shops move cars around all day; his business
requires parking access close to door because clients frequently have large items to carry into his
shop for photographing; a neighboring property is having its parking lot dug up because of leaking
underground tank, this adds to the problem; auto related business requires more parking by its
nature and parking problems have mushroomed since they beautified the train lot which reduced
spaces; to allow variance there must be no detriment to neighbors; he wants to see new business in
the city but was afraid this location is not good; he hoped council would disallow. Mayor asked
how many parking spaces and driveways does Spinelli have; Spinelli responded three spaces in
front. Councilwoman O'Mahony agreed there was a serious parking problem in area. Ron Davis,
representing locksmith at 1011 California, said he is pro-business and a member of Chamber, but
parking is deteriorating in area; they need quick access for their customers and their walk-in
business is reduced; he added they need a crosswalk across California in that area. Julie Faulk,
1209 Sanchez, had lived in the area for 23 years; in her block there are seven houses, two in-law
apartments and one duplex; there is not enough parking on site for residents; auto businesses park
cars on her street too. Bill Warmboe, 1003 California, just got two green zones in front of his
antique shop and business has increased dramatically; before the green zones, people parked for two
or three days in front of his shop; parking is really bad in area. Ibrahim Feyzullahogltt, l2l7
Sanchez, said Caltrain does not allow people to park there unless using the train, a sign says
Caltrain patrons only; serious parking problem in area of Sanchez, Chula Vista, Carmelita and
California Drive; hydraulic parking spaces are great idea but they would be unable to use that
parking area for any service expansion. Julie Hippert, 1001 Chula Vista, has been a resident since
1930; traffic is bad and people who work on Broadway park on her street all day. Another business
manager from the area said people double-park for estimates and other auto related activity which is
dangerous, crossing California is dangerous; because of parking problems he now takes the train to
work. Owner of 1017 California business, said tow-trucks leave cars parked on street late at night;
traffic is very fast on California; parking on east side would be dangerous, a couple years ago
someone died crossing street; parking is bad.
The applicants responded briefly, they are not responsible for the parking and traffic problems; they
are attempting to improve parking; just asking for a one space variance for additional storage space
they would build in mezzarine; they would have two employees and themselves at site. Mayor
Harrison closed the public hearing.
Council discussed possibility of applicant acquiring off-site parking for business; difficulty of
parking just to visit site today; City Attorney said in rare cases council has allowed off-site parking
for other projects and he mentioned this is a permitted use and if applicant did not add additional SF
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they could open business without a variance; council felt there was too much impact on parking to
allow this variance; could deny without prejudice to allow applicant to find off-site parking;
obviously a high class operation, but prepared to deny. Councilman lrmbi moved to deny without
prejudice to allow the applicant to attempt to find additional parking or off-site parking for storage.
Seconded by Councilwoman O'Mahony, carried 4-0 on roll call vote, Councilwoman Knight
abstaining from vote.
PUBLIC HEARING - AMUSEMENT PERMIT FOR L'AVENUE CAFE. 1107 HOWARD
AVENUE
City Attorney reviewed his memo of July 15, 1993 which recommended council hold a public
hearing and approve the application. The owners of L'Avenue Cafe, a coffee shop at 1107 Howard,
are requesting a permit for live music for listening only (no dancing). City departments had no
problems with the application. He recommended it be granted for review in June 1994. The
applicant was not present. Councilwoman Knight asked if the music would be amplified.
Mayor Harrison opened the public hearing. There were no comments and the hearing was closed
Councilwoman O'Mahony moved approval of the amusement permit as requested. Seconded by
Councilman lrmbi. Councilman Pagliaro also wondered about effect of any amplified music, after
discussion the mover and seconder agreed to add a condition that music not be amplified in such a
way that it could be heard off the premises. The motion carried unanimously 5-0 on roll call vote.
PUBLIC HEARING - RESOLUTION 47-93 - ACCEPTING WASHINGTON PARK WATER
WELL LOAN FROM WATER CONSERVATION BOND ACT OF 1988 FUNDS
Public Works Director reviewed his memo of July 14 which recommended council hold a public
hearing and adopt a resolution accepting the loan, authorizing the Director to sign the loan contract,
and designating the Director to approve Partial Payment Estimates. Council authorized applying for
a State loan for the Washington Park Water Well. The Department of Water Resources has
approved a loan under the Water Conservation Bond Law of 1988 in the amount of $447,700. The
loan has an interest rate of 6 percent and is to be paid back over a ten year period. Although the
loan amount includes work already done, staff does not intend to borrow those funds so the amount
borrowed will be less. The loan will be repaid from water rates. Regulations require the city hold
a public hearing after appropriate notice and that the city dedicate a source of revenue to repay the
loan. The water rate includes about four cents per 1,000 gallons to pay the debt. The well water
will be half the cost of water purchased from San Francisco and will free SF water for city users.
Councilwoman O'Mahony asked if water would be used for other parks besides Washington Park.
Director explained it would, lines would be added to include other parks and eventually city hall.
Mayor Harrison opened the public hearing. There were no comments; the hearing was closed.
Councilman kmbi moved adoption of RESOLUTION 47-93. Seconded by Councilman Pagliaro,
carried unanimously by roll call vote.
i PUBLIC COMMENTS
Glenn Mendelson, 475 Cumberland, said he supported the idea of televising council meetings as
requested in a letter from homeowners. He attended a C/CAG meeting and was disappointed about
vote not to support SB 245. Regarding Peninsula Hospital, he presented two papers on property
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owned by the hospital and its boards or entities, namely Comprehensive Human Services, Mills/
Peninsula Corporation and Peninsula Hospital. Mills/Peninsula ceased to operate under the Brown
Act in 1987; he urged council to ask the hospital to account for its actions. Mayor recommended
Mendelson present these questions and arguments directly to the Hospital Board.
Irv Amstrup, 2708 Trousdale, urged council to take action to either begin televising council
meetings or put the question of televising on the ballot this November; there is a need to keep the
people informed; many elderly and people with small children are unable to attend meetings. He
encouraged council to take the leadership; cable company can show good will by installing
equipment. Councilman Pagliaro noted council had considered this several times recently; he noted
past councils have rejected this idea; from his personal experience, cameras cause disruption of
meetings; if citizens are interested they will come to meetings. Councilwoman Knight said she was
very much in favor of televising meetings; thought it could be done in a cost effective manor; other
cities in area televise their meetings and those councils say its the best thing they ever did; she was
ready to move forward on this and if rest of council did not support, would at least support putting
on ballot in November. Councilman kmbi said the idea is noble but he had doubts. Councilwom-
an O'Mahony believed people would come to meetings if they were interested. Mayor asked staff to
explain cable television deregulation and its effect; City Manager responded that later this year
council will need to discuss deregulation; all costs of public access can be passed on by cable
company to consumers; our cable company has offered certain equipment to city for broadcasting
depending on what council would want done; bottom line is cost has to be borne by customers; the
federal government has placed a rate freeze on cable television until September; our cable franchise
expires in 1996; city must choose whether to regulate or not, if we choose to regulate we must do
so according to FCC regulations. Mayor noted the petition circulated for televising meetings failed
to gain enough signatures which shows people were not interested. Mike Spinelli, 1301 Mills, said
he easily got about 800 signatures but because of the severely rainy weather during last six weeks of
circulation period, they were rained out; he said people stood in line to sign it when he set up at
Safeway and just about every home in blocks he walked signed it; he felt there was great interest;
the failure was his fault for not getting organized. Amstrup noted council seemed to find money for
other things; he thought money should be spent to inform the people via televising meetings; he
objected to references to past councils rejecting this idea. Mayor thought it might be more
appropriate to review this idea when the contract comes up for renewal.
Todd Robinette, 415 Concord, talked about airport pollution and the mitigations in the draft MOU
regarding air quality; it is a great concern to him because he cares about his family; there appears to
be no effort to control the number of planes idling at the airport; airport generates seven tons of
particulate matter every day; this should be a great concern of city council; he said he understood
why C/CAG backed off on SB 245; he questioned airport director Turpin's motives. Councilwoman
Knight said SB 245's traffic congestion management conditions have been drafted into another bill
AB 629; she suggested Robinette copy his letters to federal legislators who have influence and some
control of the FAA which could influence a change in policy regarding aviation air pollution.
Councilwoman O'Mahony said she had voted on the MOU at the Airport Roundtable meeting
because it did not address backblast; C/CAG drafted amendment to SB 245 to amplify the existing
bill; voted for amendment at C/CAG; C/CAG committee was formed to work with the airport to
resolve the problems; FAA says no airport money can be spent on things outside the airport, airport
is resisting spending money on 101 improvements; there is a 90 day period to work with airport;
after that C/CAG will go back to Senator Kopp; there was mention of making the airport an
exofficio member of C/CAG. Councilman Pagliaro thanked O'Mahony for attending these
meetings; agreed everyone is frustrated in dealing with airport; it seemed bizarre to him for airport
to be a regular member of C/CAG.
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Terry Huebner, 1708 Davis, spoke about emergency services at both Mills and Peninsula; it appears
the hospitals will make Mills emergency a 24 hour walk-in service at lesser cost to patient than
Peninsula Hospital; she would bring in correspondence she received from hospital director to give
council copies. Councilman Pagliaro asked that council write to the hospital about council's
concerm about having different charges for emergency care at the two hospitals in the system.
Bill Warmboe, 1003 California business owner, objected to the new alarm ordinance; being a small
business owner he has watched the business license fee double in the last two years; did not see
advantage to paying an alarm permit fee and how that would improve service. Council explained
that the business license fee had not been increased in many years; Police Chief explained police
respond to 2,000 false alarms every year; pennit will allow two free false alarms and if no permit
will pay for first and subsequent false alarms.
DRAFT HOUSING ELEMENT COMMENTS
City Planner reviewed her memo of July 14 which recommended council review comments made by
the public and Planning Commission, add their own comments and give staff direction on what
changes to incorporate into the proposed draft element; a public hearing is not required. On July 12
the Planning Commission held a public hearing on the draft housing element. City Planner noted
the city does not have to build or provide housing, but it should remove obstacles for developing
affordable housing.
Council reiterated this is a State requirement the city must meet, a draft must be submitted by
August l, 1993; city has held workshops and hearings; council removed the site at Peninsula
Hospital main campus and the adjoining property on Marco Polo owned by the hospital that was
originally designated by the housing consultant, Planning Commission put it back in; discussed some
proposed legislation, AB 51, concerning housing element requirements; in response to question
regarding changes to housing element being considered by state legislature, Planner noted the city
can only proceed with guidelines which are in effect now, if the law changes all cities will be
equally encumbered; council noted local realtors are supporting AB 51; questioned review of school
capacity in housing element, noted school enrollment is climbing; concern about 500 and 800 block
of El Camino where R-4 zoning backs onto R-l zone, need to be sensitive to high density zoning
interface; questioned El Camino/Ralston reference to vacant lot, staff said that refers to the former
gas station site; discussed parking lots and use of air rights to build residential over them; vacancy
rates; council directed the Peninsula Hospital campus and the adjacent land on Marco Polo be
removed from the list of sites in the draft housing element.
RESOLUTION 48-93 - ESTABLISHING WATER RATES. CHARGES AND PROCEDURES
Director of Public Works reviewed his memo of July 13 which recommended council adopt a
resolution lowering water rates and establishing a fixed per month meter charge effective September
l, 1993. Each year the department reviews the water rates and fees and make recommendations for
change to council; water rates were raised in1992 because SanFrancisco Water (SFWD) raised its
rates 18 percent. This year SFWD had discontinued rationing and decreased the rates 33 percent.
The current rate is based on water used with a minimum monthly cost depending on meter size; this
meter charge has not been raised in 30 years. The purpose of a fixed monthly charge is to provide
for fixed costs not related to the amount of water used, like meter reading and repair, customer
service, billing and other expenses. It was recommended council establish a meter charge increase
from $1.50 to $4.00 and decrease water rates L1.7 percent. Burlingame Hills rate decreases about
12.5 percent and the surcharge about 8.3 percent. These rates cover the budgeted expenses, plus
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$400,000 for capital improvements. Other than Foster Clty, we have the lowest rates of nearby
cities. Finance has requested a penalty of 1.5 percent be added to bills 30 days or more overdue,
this has been included in the resolution.
Councilman kmbi moved adoption of RESOLUTION 48-93. Seconded by Councilman Pagliaro,
carried unanimously by voice vote. Councilwoman Knight commented on a recent water bill with
an "overdue in 20 days" statement. Councilman kmbi also saw that notice and found it threaten-
ing. Finance Director explained the wording has been revised.
REOUEST FROM CHAMBER OF COMMERCE TO SELL BEER AT COMMUNITY PICNIC
City Manager reviewed his memo of July 14 which recommended council review this request from
the Chamber to serve beer at the Community Picnic on Sunday, September 19, t993 from noon to 5
p.m. The police will be present in the park so no additional security is needed. The cost for park
cleanup and opening the recreation center for the event will be approximately $350. Last year
council approved payment for those costs. The city will also require a certificate of insurance from
the Chamber. Councilwoman Knight asked for separate votes on the sale of beer and the payment
of $350; she thought the Lions Hall was a good location for sale of beer because it is separated from
center of the community picnic area and family entertainment. Councilman kmbi moved to
approve payment of $350 in costs related to the community picnic. Seconded by Councilwoman
O'Mahony and carried unanimously. Councilman kmbi moved approval of the sale of beer at the
community picnic. Seconded by Councilwoman O'Mahony and carried 4-1 on ro11 call vote,
Councilwoman Knight voting no.
CONSENT CALENDAR
Councilman Pagliaro asked removal of two encroachment permits for discussion, items "h" and "i. "
ENCROACHMENT PERMIT FOR PLACING FURNITURE FOR SALE ON THE
SIDEWALK IN FRONT OF 247 CALIFORNIA DRIVE
Public Works memo of July L3 recommended council approve a permit with standard
conditions and additional conditions that the furniture be removed at the end of each day, and
the "a-board" sign be removed.
Councilman Pagliaro did not think it appropriate for a business to display its wares on the public
sidewalk. He moved to deny this permit. Seconded by Councilman kmbi, carried unanimously
NEAR THE CURB IN FRONT OF 1111 BURLINGAME AVENUE
Public Works memo of July L3 recommended council approve this permit with standard
condition and additional conditions that the rack be from 10 to 16 inches from curb and be
removed at the end of each day.
Councilman Pagliaro disagreed with allowing bikes for sale being displayed on the sidewalk. He
moved denial of this request. Seconded by Councilwoman O'Mahony, carried 4-1 on voice vote,
Councilman kmbi voting no.
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Mayor Harrison stated he would like a letter of commendation to go to city employees on the
AFSCME negotiating team.
CONTINUED CON SENT CALENDAR
a RESOLUTIO 49-93 - AUTHORIZING WITH SAN MA COUNTY
City Manager's memo of July 6 recommended council approve an agreement with the
Convention Bureau for promotional services in the amount of 12.5 percent of our 1993-94
hotel tax not to exceed $329,280.
b. RESOLUTI oN 50-93 - AUTHO G AGREEMENT SAN FRANCISCO WATER
DEPAR (SFWD) FOR MO ORING WATER OU - cP 903
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N s1-93 -MPLETION OF GEN
SEWER REP - cP 9306
Public Works' memo of July 13 recommended council accept as completed the emergency
sewer repairs done by Manuel C. Jardim, Inc. in the amount of $25,540.36.
oN 52-NTRIBUTIONS TS FO
Administrative Assistant Personnel's memo of July 14 recommended council adopt a
resolution increasing contributions to retired members' health insurance costs effective
August 1, 1993.
e. APPROVE REOUEST FROM BURLINGAME AVENUE MER S FOR SUMMER
SIDEWALK SALE ON SATURDAY. AUGUST 28
Chamber letter of July 14 requested council approve the annual sidewalk sale from 10:00
a.m. to closing time. Staff had no objection.
f LABOR AGREEMENT AFSCME. LOCAL 2190
City Manager's memo of July 12 recommended council approve an agreement with AFSC-
ME for a two year contract for 49 employees ia public works and park departrnents for 3
percent salary increases each year; funds are budgeted. He recommended commendation of
employees who met at the bargaining table, Nelson Nugent, Rich Mclinden and Tom
Roscoe.
CONVENTION AND VISITORS BI]REAU
Public Works' memo of July 14 recommended council approve an agreement with SFWD for
water quality monitoring; in order to avoid construction of a $500 million filtration plant to
filter Hetch Hetchy water we must have continuous monitoring of the residual disinfectant
(chlorine) in water entering the distribution system; negotiations with the Departrnent of
health resulting in meeting the requirement if SFWD monitors at specific locations; the cost
will be considered part of the rate structure.
AFSCME RETIREES
B
S. ENCROACHMENT PERMIT FOR BRICK FENCE AT 1452 VANCOUVER
Public Works' memo of July L3 recommended council approve this permit subject to
standard conditions for a three foot brick fence at back of sidewalk.
Items h and i were removed and discussed earlier.
i. DENIAL OF CLAIM OF JENNIFER LANE
City Attorney's memo of July 14 recommended council deny two claims for alleged injuries
from an accident on January 4 with a fire truck.
K. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 27442 - 27905, duly audited, in the
amount of $1,422,621.93 and Payroll Checks 57325 - 58056 for the month of June 1993 in
the amount of $1,075,978.02.
Councilwoman O'Mahony moved approval of the remainder of the Consent Calendar. Seconded by
Councilwoman Knight and carried unanimously.
Irgislative Committee: Councilwoman Knight reported on discussion of AB 13, smoking controls,
which may allow some local control. Mayor told of large meeting he attended at which there was
an ashtray on every table, this meeting lasted well over an hour and no one present smoked.
Train Station: Councilwoman O'Mahony had attended a planning session on the celebration of the
100th anniversary of our Burlingame Avenue Train Station; the actual anniversary date is in October
but the celebration will be held the day before the community picnic in 1994.
Convention Bureau: Councilman Irmbi was impressed with activities under the new director; there
is an increase in the sales effort.
NEW BUSINESS -
1992-93 SIDEWALK MAINTENANCE - CP 9115 (B) - EXTEND CONTRACT AMOUNT
Public Works Director reviewed the memo of July 19 which recommended council approve
extending the contract cost to $233,000. This job was awarded to Floyd Construction in December
L992 for the amount of $167,56L, considerably below estimated cost; work has proceeded
satisfactorily and staff has extended the amount of work needed up to the 25 percent increase staff is
allowed to make without council approval. Sufficient funds were budgeted to cover this extension.
Councilwoman O'Mahony moved approval of extending the contract with Floyd Construction to
$233,000. Seconded by Councilman Pagliaro, carried unanimously.
SET APPEAL HEARINGS
Mayor Harrison set appeal hearings for hillside construction permits at276o Burlingview for the
August 2 meeting, and for 1549 Alturas for the September 8 meeting.
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Flashing Signs: Councilman Pagliaro asked staff to investigate a changing electronic reader board
sign on Broadway which he understood was limited in number of messages by the city.
ACKNOWLEDGEMENTS
Commission Minutes: Beautification, July 1; Traffic, Safety and Parking, July 8; Planning,
Jraly L2, 1993.
Department Reports: Building, June; Police, June; Treasurer, June 30, 1993
ktter from Mike Spinelli objecting to new alarm permit ordinance.
ktter from Magic Press requesting city establish a water conservation landscape credit for
commercial property.
Staff noted city is considering some type of credit, Mayor asked that staff respond to Magic Press.
ktter from Burlingame Homeowners requesting council place question on ballot regarding
televising meetings.
ktters from Alexander Bogdis and Ramona Hernandez regarding her rooftop dish antenna at
625 Burlingame Avenue.
City Attorney recommended council discuss this in closed session at the August 2 meeting because it
might involve litigation. There is a similar request coming to the city from a resident on Flori-
bunda.
Lrtter from Bruce Fowler requesting permission to place vending cart on Burlingame Avenue
near Primrose Road.
Council directed staff write Fowler that it did not want to see a vending cart on that street.
h. ktter from Chamber requesting Burlingame Avenue street closure for the annual Art Faire,
September 25 and26, 1993.
Staff suggested council review at the August 2 meeting.
i. ktter from Todd Robinette regarding the airport and air pollution.
ADJOURNMENT
The meeting was regularly adjourned at 10:33 p.m.
Judith A.
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City Clerk
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