HomeMy WebLinkAboutMin - CC - 1994.01.0374
BIJRLINGAME, CALIF'ORNIA
January 3,1994
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 at7:32 p.m.by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
kd by City Manager Dennis Argyres.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
(Pagliaro arrived at 7:35)
NONE
MINUTES
The minutes of the Regular Meeting of December 6, 1993 were approved unanimously on motion of
Councilman Harrison, seconded by Councilman Spinelli.
PUBLIC HEARING - NEGATIVE DECLARATION. REZONING. SECOND READING AND
ADOPTION OF ORDINANCE 1495 ESTABLISHING OFFICE/MANUFACTURING (O/M)
ZONE ON THE EAST SIDE OF STATE ROUTE 101
City Planner reviewed her memos of December L and December 16, 1993, which recommended
council hold a public hearing and take action first on the negative declaration which addresses both
the changes caused by the new regulations and the rezoning of the M-1 designated areas to the new
district; next the council should adopt the ordinance; and finally council should act on the rezoning.
City Planner pointed out that staff became aware of an inconsistency in front setback requirements
which was corrected in the attached ordinance as presented tonight; the inconsistency was that the
original ordinance included a required 25 foot front setback for all development fronting on
Bayshore Highway. The Bayfront Development Design Guidelines, which overlay the area through
the Specific Area Plan, require a 30 foot front setback, not only along Bayshore but can be read to
apply to all street frontages. The contradictory requirement on Bayshore Highway is confusing and
the 30 foot setback on all other streets is a significant change from the 15 feet now required. For
that reason staff has incorporated a change into the draft ordinance clarifying that the front setbacks
required be 25 feet on Bayshore and 15 feet on the side streets.
Mayor mentioned two properties each less than one acre in that area which had been car rental
businesses, she would like to see them grandfathered into these new regulations. Council discussed
with staff the car rental uses; in the ordinance this use requires minimum parcel of one acre. There
was discussion about outdoor storage and some changes in wording.
Mayor O'Mahony opened the public hearing. Lage Anderson, attorney representing Jim Jones, the
owner of 855 Mahler, said his client would like some accommodation for his property which was
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developed as a car rental site; the site is .86 acre; although Jones does not use the site for car rental
at this time, he would like to be able to sell the site for its original purpose, under this ordinance he
could not. Councilman Pagliaro thought this was speculative; if Jones were trying to sell the
property for car rental use at this time he might be more sympathetic. The hearing was closed.
Counciknan Harrison commended the Chamber's office council subcommittee which worked many
months on this zoning change. He said he had no objection to changing the lot size to .7 acre for
car rental uses. Councilman Pagliaro commented car rental uses have a great impact on our city
streets and intersections. In response to Councilwoman Knight who asked about the car rental
employees parking on the street when we require on-site parking for employees, staff said that is a
parking problem caused by car rental employees not employed in Burlingame and not associated
wim tniJ zo*ng change. Councilman Harrison noted city receives sales tax income from car rental
business; staff said about $350,000 per year. Mayor also thanked the office council and staff for
their work on this ordinance; it's a beautiful example of a cooperative effort to create a buffer zone
between hotels and industrial use.
Councilman Harrison moved approval of the negative declaration finding based on tonight's
testimony and the initial study there will be no significant negative effects on the environment with
this rezoning and new district requirements. Seconded by Councilwoman Knight and carried
unanimously. Councilman Harrison moved adoption of ORDINANCE 1495 with a change to make
car rental business a conditional use, with a minimum .7 acre sl.r:e which would grandfather in the
two parcels the Mayor mentioned. Seconded by Councilman Pagliaro and carried unanimously.
PUBLIC COMMENTS
Todd Robinette, 415 Concord, spoke about the airport's impact on air quality and his desire for an
air monitoring station in Burlingame; the air monitoring stations are in San Francisco and Redwood
City. He also was concerned about people parking their vehicles on front lawns, he said the City of
San Mateo has passed a law prohibiting such action. Staff noted Burlingame also has such a law; he
should notiff the city attorney about locations where he observed this problem.
Glenn Mendelsen, 475 Cumberland, said he attended a hospital board meeting where it was reported
that the hospital district has been paying off with tax money the property which it donated away.
The hospital district also has $7 to $8 million in reserves which the board said they had a right to
donate to Mills Hospital which is private and has no obligation to hold meetings open to the public'
He said he favors having an airport air quality monitoring station in Burlingame and recommended
council withhold action on the airport MOU until traffic mitigation are agreed upon.
N REGARDING AL OF FRAN CHISELETTERFROM PACIFIC
City Manager reviewed his memo of December 20 which recommended council acknowledge receipt
of the letter. Under federal regulations the city must cornmence a fact-gathering process no later
than six months after receipt of this letter. Given the complexity of cable regulations, he envisioned
the need for an outside consultant for the renewal process. After brief discussion, council
unanimously acknowledged receipt of the letter.
IAL A A ING 6/
City Manager reviewed his memo of December 13 which recommended council accept the Financial
Statements. On November 30, the audit committee composed of Mayor o'Mahony, councilman
TELEVISI
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Harrison, Finance Director/Treasurer Rahn Becker, Senior Accountant Linda ke and the City
Manager met with representatives of KPMG Peat Marwick to discuss the audit. He complimented
KPMG Peat Marwick, Rahn Becker, Linda Lee, Mary Asturias, and the finance staff for their
completion of the audit in a timely manner. Councilman Harrison and the Mayor praised the staff,
Mayor noted that in 1983 the city issued certificates of participation for sewer plant improvements
and that debt has been disposed of, saving the crty over $250,000. Councilman Harrison moved
acceptance of the Financial Statements and Management Irtter. Seconded by Councilman Spinelli
and carried unanimously.
AIRPORT MEMORANDUM OF UNDERSTANDING (MOD - NO ACTION
City Manager's memo of December 13 recommended council consider the Airport MOU. In
January 1993 council discussed this document and withheld action until January 1994. Council
should consider whether it wants to take action at this time or continue to a future date.
Mayor O'Mahony said council has postponed action to see what improvements the airport had made
in several areas; she suggested council again set the matter aside for an unstated period of time until
the law suit the airport has filed against C/CAG is concluded. Council members agreed. Mayor
mentioned there has been some progress in airport noise reductions. Councilwoman Knight moved
to delay action on the MOU for an unstated period of time. Seconded by Councilman Spinelli,
carried unanimously.
CONSENT CALENDAR
Council asked to discuss items "c" and "d." Regarding "c," Councilman Pagliaro said he favored
the sobriety checkpoints but wondered why this matter could not be put off until June for the next
budget. Staff noted this trailer would be purchased through the CHP which would soon be going
out to bid for these trailers. Mayor noted that arrests of drunk drivers has brought in over $115,000
to the city, but more importantly it got drunk drivers off the road. Regarding "d," Mayor asked
about the request for travel funds when the Library has a travel and conference budget of $3,500.
City Manager said it is not a request for funds; city procedure requires council approve any out-of-
state travel for staff. Councilman Pagliaro suggested a $1,500 maximum to include meals.
a.DENIAL OF CLAIMS: (1) GINNY ADE: (2) LEOPOLDO GUTIERREZ
City Attorney's memos of December 6 and 13 respectively, recommended deniat of claim of
(1) Ginny Ade for a sidewalk fall; and for (2) kopoldo Gutierrez denying petition to file a
late claim for bicycle accident.
b. LABOR AGREEMENT WITH POLICE OFFICERS' ASSOCIATION (POA)
City Manager's memo of December 28 recommended council approve this negotiated labor
agreement with the POA for a two year term from January L, 1994 to December 31,1995
with provisions for 3 percent salary increases each year.
PURCHASE OF DUI TRAILER
Police Chief's memo of December 2l and City Manager's comment of December 27
recommended council approve the request for $13,500 to purchase a fully equipped trailer in
c
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order to store and transport sobriety checkpoint related items; funds to come from contingen-
cy reserve.
City Librarian's memo of December 21 along with City Manager's cornment of December 27
recommended council approve this request for travel to a conference in Atlanta; given the
library's renovation project and the newly appointed city librarian it would be beneficial for
the crty. (Council approved a $1,500 maximum.)
WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 29744 - 30192, duly audited, in the
amount of $801,773.14 and Payroll Checks 61549 - 62282 fot the month of November 1993
in the amount of $1,180,694.82.
Councifunan Harrison moved approval of the Consent Calendar. Seconded by Councilman Pagliaro,
carried unanimously.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight reported on meeting of the Criminal Justice Council. Councilman Harrison
mentioned Assemblywoman Speier is assisting with procedures to repair a leaking pipe into bay; he
also reported on Convention Bureau. Councilman Pagliaro told about C/CAG meeting at which the
main topic was the airport. 6sglsilman Spinelli had attended an Emergency Services meeting.
Mayor O'Mahony told of her activities.
NEW BUSINESS
Mayor O'Mahony scheduled two public hearings for January 19 on appeals for 224 Primrose
restaurant and 330 Primrose office.
Councilman Harrison said the city should contact owners of property at comer of El Camino and
Adeline about donating to ttle city the property they are having difficulty selling.
At Councilman Harrison's request, before Todd Robinette left the meeting, the City Manager
explained he wrote to the Bay Area Air Quality Management District (BAAQMD) regarding locating
an air monitoring station in Burlingame; they had called back to state they were not interested in
doing so but explained their complaint procedure. Robinette said the smell of kerosene is very
strong in his area near the airport. Councilman Pagliaro wondered about criteria for placement of
these air monitoring stations. Councilwoman Knight said she had talked to David Few, city's
alternate to ALUC, and he explained that air quality complaints should not go to the Airport
Roundtable whose sole concern is airport noise. Councilman Spinelli asked about the closure of the
airport viewing area near the end of Millbrae Avenue; staff thought they planned to put buildings at
that site. Council asked staff to check with our BAAQMD representative about an air monitoring
station and the airport about the future use at the viewing area.
Councilwoman Knight mentioned a possible conflict in the City Council Calendar where the meeting
on September 6 falls on Rosh Hashana.
d. OUT-OF.STATE TRAVEL FOR CITY LIBRARIAN
e.
7B
a
b
e
f
ACKNOWLEDGEMENTS
Commission Minutes: Beautification, December 2; Broadway BID Board, November 9;
Library Board, November 16 and December 7; Senior, December 17; and Planning,
December 13, 1993.
Departrnent Reports: Treasurer's Report, November 30, 1993; Police, November 1993;
Building, November 1993.
Letter from Kern's Jewelry regarding activities at the Burlingame Women's Club.
ktter from Charlotte Kalbhenn regarding request for waiver for tree replacement at 300
Peninsula and memo from Park Director.
Councilwoman Knight said while she supports the tree ordinance she did not feel too protective of
palm trees; she could sympathize with Kalbhenn who was present. Kalbhenn said she was not
informed that she had to file an appeal to council within a specific time; removal of the tree was a
safety issue; there are four other mature trees on the lot; she hoped council would grant her a
waiver. Councilman Spinelli also felt inclined to sympathize. The City Manager pointed out the
Beautification Commission had denied this appeal. Councilman Harrison moved to uphold the
commission decision. Seconded by Councilman Pagliaro and carried 4-1, Councilwoman Knight
voting no.
Two letters from County of Alameda Supervisor Perata regarding "zero gun violence
tolerance. "
ktter from San Francisco Airport Commission regarding repeal of certain provisions of the
Noise Abatement Regulations.
g. Two letters from Jerry Deal regarding the last council meeting.
Mayor O'Mahony also acknowledged a letter received this day from Irv Amstrup regarding rotation
of Mayor.
ADJOURNMENT
Councilman Harrison moved adjournment of the meeting at 9:02 p.m.. Seconded by Councilman
Pagliaro and carried unanimously.
Judith A.
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City Clerk
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