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HomeMy WebLinkAboutMin - CC - 1993.12.0666 BLTRLINGAME, CALTFORNTA December 6, L993 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 at7:30 p.m.by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Sergeant Chuck Castle ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 1.5, 1993 were approved unanimously on motion of Councilman Harrison, seconded by Councilman Pagliaro. The minutes of the Study Meeting of November t7, 1993 were approved on motion of Councilman Harrison, seconded Councilman Spinelli, carried unanimously. CEREMONIAL MATTERS - COMMENDATION TO POLICE SERGEANT CHARLES CASTLE Police Chief Pakner introduced Sergeant Castle, his wife, daughter and son. He told the audience the background for this award: resident Benita Lascola had been followed by a stalker to her home, she spent the night at a friend's and when she returned to her home the next day she saw the stalker's car parked nearby, she called the police. Sergeant Castle accompanied her into her home where she was confronted by the stalker pointing a loaded gun at her. Seeing they were in immediate danger, Sergeant Castle pushed her aside, shot the stalker and took him into custody. The facts leave no doubt that Sergeant Castle saved Lascola from grave danger or death and exposed himself to serious injury or death. Therefore the police department is bestowing its highest honor to Sergeant Castle for this act of bravery above and beyond the call of duty. Mayor O'Mahony and the Chief presented the commendation to Sergeant Castle; Benita Lascola presented him with flowers; he received a standing ovation from the large audience. Sergeant Castle thanked everyone. CEREMONIAL MATTERS - SELECTION OF VICE MAYOR Vice Mayor Pagliaro reviewed how he was selected as vice mayor at the last meeting and that there was much dissention regarding his selection; he said he would step down as Vice Mayor and nominate Marti Knight as Vice Mayor; he told of the need to work together and to accept that people have different opinions which do not make them bad people; council is going to work together, council members are people who want to give something back to the city. He then asked permission to step down and to nominate Councilwoman Knight as Vice Mayor. Marti Knight was unanimously selected as Vice Mayor. Vice Mayor Knight thanked council for upholding the 30 year tradition of rotating officers; she thanked her supporters in the audience. 67 PUBLIC HEARING CONTINUED - APPEAL FOR NEGATIVE DECLARATION AND RESIDENTIAL CONDOMINIUM PERMIT FOR 19 UNITS AT 820 EL CAMINO REAL AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AND TENTATIVE CONDOMINIUM MAP FOR SAME PROJECT City Planner read a letter from Michael McCracken, attorney representing applicant, asking the hearing be pos@oned until February 7, 1994 to enable the applicant to address some of the concerns expressed by the Planning Commission at its November 8 meeting. Councilwoman Knight was concerned that this might be a different project and would need to go back to the Planning Commission; City Planner noted a project that is appealed to council should be the same as that which went to the commission; City Attorney said the hearing must be continued to a specific date, if the project were significantly different, staff could refer it back to the commission. City Planner noted that McCracken was present; McCracken confirmed that the applicant wanted to address concern of commission, he had no objection if it had to go back to the commission. Councilman Harrison moved to postpone the hearing until February 7, 1994. Seconded by Councilman Spinelli, carried unanimously. PUBLIC HEARING - CONTINUED AMUSEMENT PERMIT REOUEST FOR KARAOKE MUSIC AT TUBEROSE RESTAURANT. 835 COWAN ROAD City Attorney reviewed his memo of November 29 which recommended council review request and take action after a public hearing. The new owner of Tuberose Restaurant is requesting a permit for Karaoke music from 9:00 p.m. to midnight. This business started as a delicatessen in 1963 and has evolved into a restaurant which seats 47 people. The police do not anticipate any problem with this request. The planning deparfinent raised questions regarding parking and the applicant did a parking survey which showed ample parking in the evenings. Councilwoman Knight asked about a parking lot across the street used by a car rental business. The applicant was present but declined to speak. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilman Pagliaro moved approval of this request with condition that hours of operation of the Karaoke music be from 9:00 p.m. to midnight. Seconded by Councilman Harrison, carried 4-1 on roll call vote, Councilwoman Knight voting no. PUBLIC HEARING - APPEAL FOR SATELLITE DISH ANTENNA AT DICEY RILEY'S IRISH PI.]B. 221 PARK ROAD - DENIAL UPHELD City Planner reviewed her memo of November 29 which recommended council hold a public hearing and take action. Fergus McEleny, proprietor of Dicey Riley's Irish Pub, is requesting a special permit for a roof mounted satellite dish antenna at 221 Park Road. The seven feet in diameter dish stands on a one foot tall base for an overall height of eight feet. The antenna was placed at the front of the roof and is not screened from view from adjacent street and sidewalk. This is a code enforcement issue since the antenna was installed without planning or building permits. The Planning Commission denied this permit at its November 8 meeting. Councilman Spinelli asked how the antenna was mounted on the roof; staff did not know, if a permit is granted the installation would be required to meet building code standards for installation. '- Mayor O'Mahony opened the hearing. Fergus McEleny, applicant, said the installer was to be present tonight but was unable to come. The installer indicated that because of the wall next to roof they could not put the antenna in certain places. Mayor informed him that he should have gotten 6B permits and attended the commission meeting; the building department has to determine if there is any public hazard from the antenna. Fergus said he was willing to move the antenna if necessary. Councilman Harrison said he wished the installer had come, many problems the city has with these antenna are because installers do not get permits. The hearing was closed. Councilman Harrison asked how long they would have to relocate the antenna if denied, City Planner said 30 days. Councilman Pagliaro thought because of its high visibility the present location was injurious to the public; other council members agreed, this is code enforcement item and the applicant has not cooperated. Councilman Harrison moved to sustain the Planning Commission denial and require they make application for permits and relocate the antenna by January 14, 1994. Seconded by Councilwoman Knight, carried unanimously by roll call vote. PUBLIC HEARING - ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR MERRILL'S PACKAGING. 1529 ROLLINS ROAD - RESOLUTION 80-93 APPROVING ISSUING BONDS: RESOLUTION 81-93 ENTERING JOINT POWERS AGREEMENT WITH City Manager reviewed his memo of November 24 which recommended council hold a public hearing and take action approving two resolutions (1) to issue industrial development revenue bonds not-to-exceed $2.5 million for Merrill's Packaging and (2) to join a JPA with the California Statewide Communities Development Authority which is sponsored by the Irague of California Cities. The city received a request to hold a public hearing to consider issuance of tax exempt industrial development bonds for Merrill's Packaging which is currently located at 1353 Marsten Road in Burlingame. They propose to purchase and improve 1529 Rollins Road so they can expand their operation in Burlingame. They had previously considered relocating outside the state. Currently they have 48 employees and plan to expand to 98 employees. The primary goal of this financing program is to enable manufacturers to expand their operations using tax exempt interest rates to create new jobs and strengthen local economies. The bond counsel stated there is no financial liability to the city as a result of these actions. Mayor O'Mahony opened the public hearing. Kenneth Merrill, applicant, said his business had been inthe city since 1970, they have movedthree times to larger sites; the availability of these bonds will enable him to keep his business and family in the area. Steve Hamil, JPA kague of California Cities, said the bonds are guaranteed by a bank and secured by revenues from this business. Councilman Harrison asked him to further explain that law requires the public be allowed to comment on issuance of these bonds. Councilwoman Knight wondered if this type of bond could be used for the proposed driving range on the old dump site. There being no other comments, the hearing was closed. Councilman Harrison moved approval of RESOLUTION 80-93 to issue bonds and RESOLUTION 81-93 to join the JPA with Statewide Communities Development Authority. Seconded by Council- man Spinelli, carried unanimously by roll call vote. PUBLIC COMMENTS Glenn Mendelsen, 475 Cumberland, thanked Councilman Pagliaro for the vote for Vice Mayor Ifuight; regarding the airport, he had asked the council to write a letter to the Airport Commission stating it would not sign the airport MOU until some mitigations are found for traffic and air pollution concerns; he said he is still attempting to find someone willing to attend the hospital board meetings on behalf of the city. 69 Russell McGovern, 1812 Hunt Drive, spoke regarding Cornerstone, a "half-way house" on Mariposa, which is a center for troubled teens; he said many homes in the area have been burglarized; police are called to the scene frequently; asked why this type facility is allowed in a residential area and who approves its location. He asked the center be removed. Staff explained this is a 90 day diagnostic facility for juveniles. McGovern said a nine-year-old girl was awakened recenfly by a juvenile male in her room. Police Chief said in all cases police were unable to connect any incidents with residents at the center. City Attorney reviewed legal aspects and state requirements that this type facility with no more than six resident youtis must be allowed in single family residential areas; it is state licensed. Dave Dornlas, 210 California, asked to speak about an item on Consent Calendar regarding parking limits on California Drive. Counciknan Pagliaro said he would be pulling that item from the Consent Calendar and Dornlas could speak at that time. Jerry Deal, 1228 Paloma, thanked Councilman Pagliaro for his stand and comments regarding the vice mayor; he reviewed a Homeowner's Association meeting where there was discussion of a mobile home parked in a council member's driveway and people left that meeting thinking that council member was flaunting city laws when in fact the vehicle was legal; he talked about a letter to the editor in paper; relayed discussions of city purchases of parking lots and comparisons of costs; he thought citizens should be able to voice opinions without having a group go after them; we are not always going to agree on everything. Councilman Spinelli said regarding Deal's comments about the parking lots, Deal was quothg ftom Spinelli's campaign material; the point of the campaign material was that Broadway still does not have a parking lot after all that time and expense. City Manager reviewed costs attributed to the Chula Vista parking lot site. Spinelli said he was sure all council members are trying their best. Mayor commented on the annual rental income received from tenants of the Chula Vista site. Sandra lang,821 Dwight, said if parking spaces cost so much the city should rethink its transportation priorities. Kate O'Brien agreed with Counciknan Pagliaro that we all have to work together but she objected to comments about special interest groups of contractors; she asked Councilwoman Knight about those comments and Knight responded. O'Brien hated to see groups labeled so it appears all contractors are being accused, her husband is a contractor but he does not do work in Burlingame. Irv Amstrup, 2708 Trousdale, President of the Homeowner's Association and former council member, said the group is not political, did not support any candidates; he was outraged by the commissioner's statements; former councils worked hard to establish rotation system for mayor and vice mayor. Mayor O'Mahony mentioned that in 1978 there was a variation in the rotation system; there have been a lot of misstatements regarding this issue. Dave Dornlas, 210 California, said a couple years ago there was a major controversy in the downtown area; now both sides of that issue are working together for the common good; he hoped this issue would be resolved in the same way. APPEAL OF TRAFFIC COMMISSION DENIAL OF REOUEST TO ALLOW PARKING ON EAST SIDE OF CALIFORNIA DRIVE BETWEEN TROUSDALE AND MURCHISON Public Works Director reviewed his memo of November 30 which recommended council deny a request from Doctor Chavez for parking along the east side of California Drive. The Traffic, Safety and Parking Commission denied this request at its meeting of November 18 and it was appealed to council. The commission was concerned about pedestrian safety crossing California from the east side and the fact that there is no sidewalk on the east side with trees and shrubs to the curb. 70 Councilwoman Knight asked about the Caltrain parking lot; City Attorney said Caltrain does not allow other than commuter parking. Dr. Chavez showed a plan of the block showing large number of driveways on the west side, he said there would be twice as many parking spaces if the west side were no-parking and there was parking only on the east side; he said he would pay for trimming of trees and shrubs; he presented a petition signed by 100 people in support of this idea. Council discussed a landlord who had suggested tenants park in the Burlingarrc Plaza lot or an alternative of having parking permits for tenants. Cltavez said he asked tenants to park in plaza but it is too far to walk; he noted Millbrae allows parking on east side of California in adjacent block. Council was concerned about pedestrian safety. Councilman Harrison moved to deny the request and uphold the commission. Seconded by Councilman Pagliaro, carried unanimously by voice vote. REFUSE COLLECTION RATE ADJUSTMENTS BASED ON VOLUME BASED RATE STRUCTURE - RESOLUTION 82-93 MODIFYING UNIFORM FRANCHISE AGREEMENT. RESOLUTION 83-93 MODIFYING RECYCLING AGREEMENT AND RESOLUTION 84-93 MODIFYING SOUTH BAYSIDE TRANSFER STATION AGREEMENT Finance Director reviewed his memo of November 30 which recommended council approve three resolutions to modify agreements with BFI and the South Bayside Transfer Station Authority. The overall rate adjusfrnent for 1993-94 calls for a 13.5 percent increase effective January l, L994. The largest class of residential customer will see a rate increase of 2.9 percent. The JPA hired HFH to conduct studies of volume based rates and jurisdiction based rate setting. In addition the JPA recommends the operational audit be completed including a presentation of alternative service levels. In 1994 BFI will present a proposed green waste program to divert garden clippings from the landfill. Council discussed with Finance Director the possibility of twice monthly recycling pickup and commercial recycling; the state mandate for reduction; the landfill is almost full; our rates are still lower than many jurisdictions. Debbie Sergeant from BFI was also present. Councilman Harrison moved approval of RESOLUTIONS 82-93,83-93 and 84-93 modifying agreements and adopting rate schedule. Seconded by Councilman Pagliaro, carried unanimously. NEGATIVE DECLARATION. REZONING AND INTRODUCTION OF ORDINANCE 1495 ESTABLISHING OFFICE-MANUFACTURING (O/M) ZONE EAST OF STATE ROUTE 101 City Planner reviewed her memo of December 1 which recommended council review the negative declaration and proposed ordinance and schedule a public hearing for January 3, 1994. The purpose of the O/M zone is to create a land use transition between the hotel, office and restaurant uses in the Waterfront Commercial (C-4) zone and the heavier commercial and light industrial uses in the Roltins Road area. The proposal came about at the suggestion of the Office Council which wanted to simplify the permit process for the area east of 101 and improve the appearance of the existing M-1 area. The proposed regulations encourage office and related uses; parking requirements have been adjusted for larger buildings. She noted the Office Council should be commended for their efforts. Councilman Harrison commented on work of Office Council, this was truly a cooperative effort. He moved introduction of ORDINANCE 1495. Seconded and carried unanimously. WINTER SHELTER DONATION City Manager's memo of November 22 rccomrrrended council consider a donation to the Winter Shelter. [,ast year we donated a total of $7,000 - $2,000 one time and another $5,000 later in the 71 year. We have budgeted $7,000 for this cause. Councilman Pagliaro suggested we donate $5,000 for the present time; he so moved. Seconded by Councilman Harrison, carried unanimously. COMMISSIONER TERM EXPIRATIONS City Manager's memo of December 1 recommended council extend the application period since we have 12 openings and only eight applications. Mayor extended the application period until January 14, 1994. Councilman Spinelli asked about press releases. Councilwoman Knight wondered about getting applicants for the TSM and Mosquito Abatement Board positions. COUNCIL ASS IGNMENTS City Manager's memo of December I had attached the Mayor's proposed assignments. Council discussed briefly, made a couple changes and then approved the list. CANCELLATION OF D 20 MEETING City Manager's memo of November 30 recommended council cancel the December 20 meeting. Council concurred. CONSENT CALENDAR Councilman Pagliaro asked removal of item "a" regarding parking meter time limits on California. b.RESOLUTIO 85-93 - AUTHORJZING FOR DESIGN SERYICES FOR FIRE STATION 36 ROOF/SEISMIC/HEATING REPAIRS Fire Chief's memo of October 26 recommended council approve a contract with Nikneyer/- Nilmeyer in the amount of $9,380 for design services. RESOLUTION 86-9 - ACCEPTING DEED OF EASEMENT M TODAY'S Mc OOI]BLETREE HOTEL. 835 AIRPORT) Public Works memo of December I recommended council accept a deed of easement for the city's maintenance of the landfill through the hotel's parking lot. Finance Director's memo of November 16 recommended council adopt a resolution to delete the former city treasurer's signature from our bank accounts. Public Works memo of November 23 recommended council concur with the Planning Commission and approve these tentative and final maps with conditions. Librarian's memo of November 30 recommended council approve a contract with Ripley Associates for elevation renderings of windows, tower and front entrance at a cost of $3,500. d. RESOLUTION 87-93 - AUTHORIZED SIGNATI'RES ON BANK ACCOUNTS e. TENTATM AND FINALPARCELMAP FORLOT SPLIT AT 819-845 COWAN f. APPROVE AMENDING CONTRACT WITH LIBRARY ARCHITECT 72 a. g. DENIAL OF CLAIM OF pAVrD MELTSSO City Attorney's memo of November 16 recommended council deny this claim for auto damage and injuries from an accident on the freeway. Public Works memo of December 1 recommended council deny this map in concurrence with the Planning Commission's denial of the map and project. Councilman Harrison moved approval of items "b" through "hu on the Consent Calendar. Seconded by Councilwoman Knight and carried unanimously. REMOVED CONSENT ITEM PROPOSED ORDINANCE CHANGING PARKING LIMITS IN FRONT OF 2OO CALI- FORNIA FROM 2 TO 4 HOUR LIMIT Public Works memo of November 29 recommended council introduce an ordinance to change the parking meter time limits from two hours to four hours. The Traffic Commission heard this request from Mike Harvey and recommended approval; they did not think there would be a negative impact from this request. Councilman Pagliaro asked about "feeding" meters; Police Chief said it was illegal. Pagliaro wondered why we should change meters to allow an auto dealer to park cars for sale on street. Dave Dornlas spoke in opposition to this ordinance; he asked about the notification process since he had just learned about this request a couple days ago; he said there are six businesses which use these spaces, they need the two hour turnover for customers; he presented letters from those businesses in opposition. After discussion, council denied introduction of the proposed ordinance. COUNCIL COMMITTEE REPORTS Councilwoman Knight reported on TSM efforts for private/public partnerships for alternative transportation; most people who might use alternative transportation are concerned about getting a ride home in an emergency. Mayor reported on C/CAG; adopted congestion management plan for 1993; want to amend legislation to include land within boundaries even if owned by another jurisdiction; C/CAG has become a model for sub-regional government. Airport Roundtable: use of runway one continues to improve; there has been a reduction of backblast noise. Councilwoman Knight asked about San Francisco joining C/CAG; issue is being studied. OLD BUSINESS Councilman Spinelli said the vacant site of the fire on Burlingame Avenue is becoming a weed nuisance. Staff will start an abatement process. Mayor O'Mahony reviewed city selection committee candidates h. DENIAL OF TENTATIVE CONDOMINIUM MAP - 7 UNITS AT 1128 CHULA VISTA /,\ Councilwoman Knight said she had not said a proper goodbye to our former City Treasurer Joe Harvey; he had done an excellent job as treasurer, had been a good friend and mentor to her. NEW BUSINESS Councilman Pagliaro commented on a letter received regarding MTV and a parent's desire to make that channel a premium channel to which people must subscribe separately; he agreed. Councilman Spinelli asked about public notification process; regarding the parking issue on agenda, merchants were not aware of this until the last minute; staff reviewed notification requirements, possibility of posting property or adjacent sites. ACKNOWLEDGEMENTS Commission Mitrutes: Broadway BID Board, August 10, September 14 and October 12; Senior, November 18; Traffic, Safety and Parking, November 17 and November 18; Park and Recreation, November 18; Planning, November 22, 1993. c b. I-etter of resignation from Traffic Commissioner O'Donnell. I-etter from Jacqueline Moran regarding illegal tree removal on Summit Drive; response from Park Director. d ktter from Dr. Alper regarding sewer backups; response from Public Works Director. l,etter from Holly Daley objecting to expansion of the airport. San Mateo County Homeless Prevention Task Force Report. Irtter from Mrs. Huebner regarding selection of Vice Mayor. CLOSED SESSION Mayor O'Mahony adjourned to a Closed Session on labor negotiations at 10:30 p.m. ADJOURNMENT IN MEMORY OF F MARCHETTI AND ROY NEI.SON After a moment of silence in their memory, the meeting was adjourned at 10:44 p.m. in memory of Fanny Marchetti, mother of Joe Marchetti, and Roy Nelson, father of Public Works Superintendent Larry Nelson. Judith A. e f c City Clerk a.