HomeMy WebLinkAboutMin - CC - 1994.04.18130
BI]RLINGAME, CALIFORNIA
April L8, L994
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 at7:34 p.m.by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
kd by Carol Mink, former Library Trustee.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of April 4, 1994 were unanimously approved after a change on
the last page to show Councilwoman Knight may miss the August meeting, and that the school
district board/council liaison committee is discussing the airport MOU. The minutes of the Special
Study Meeting of April ll, 1994 with Hillsborough were approved unanimously.
APPEAL WITHDRAWN - RELOCATION OF SCHOOL DISTRICT OFFICES TO ROOSEVELT
SCHOOL. 1 131-1 141 VANCOUVER
Mayor O'Mahony announced the appeal had been withdrawn by letter from the Burlingame School
District Superintendent Buethel dated April 8, 1994.
PUBLIC HEARING - APPEAL FOR TAKE OUT PERMIT FOR NOAH'S BAGELS. 1152-1156
BURLINGAME AVENUE - RESOLUTION 12-94 APPROVING SAME
City Planner reviewed her memo of April 11 which recommended council hold a public hearing and
take action. Bill Hughson, representing Noah's Bagels, is requesting a take out permit in order to
open a bagel bakery on Burlingame Avenue next door to Starbuck's coffee. The bakery will be
open daily with a maximum of six employees; a maximum of ten customers are expected on site at
one time. There would be no indoor seating. Deliveries would be made before 10:00 a.m. and
would be through the front door since there is no rear entrance. The Planning Commission
approved this permit at its March 28 meeting and it was appealed by the owner of House of Bagels
because of his concern about impact on his business. Councilwoman Knight and Councilman
Pagliaro expressed concerns about delivery trucks parking and unloading on Burlingame Avenue.
Mayor O'Mahony opened the public hearing. Dan Alper, 1766 Sand Hill in Palo Alto, partner in
Noah's Bagels said they looked forward to opening a branch on Burlingame Avenue, if there were
any problems council should call him. Arthur Zemel,840 Lombardi, Hillsborough, said he is
landlord of Noah's Bagels in Berkeley; they are an excellent tenant and an asset to any community
Skip Green, 800 Airport, local businessman, said competition is good for any business and he
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believed the appellant made a mistake in opposing this business. Charles Gensler, owner of
property in Burlingame, said Noah's first contacted him but he had no space to rent them, he would
like to have this excellent organization in Burlingame; generally competition is helpful. The
appellant was not present and the hearing was closed.
Councilman Pagliaro said he could support this request with the additional condition that no truck
unloading take place on Burlingame Avenue, Councilwoman Knight agreed and thanked the business
for its trash pickup policy. Councilman Harrison moved to approve the request by adoption of
RESOLUTION 12-94 with conditions listed in staff report and the additional condition requiring
trucks to unload on Lorton Avenue. Seconded by Councilman Pagliaro, carried unanimously 5-0 on
roll call vote.
PUBLIC HEARING - SECOND READING - ORDINANCE 15OO AMENDING BUSINESS
LICENSE DELINOUENT DATE AND PENALTY
City Attorney reviewed his memo of March 24 which recommended council hold public hearing and
take action. Our current business license procedure provides for a 25 percent penalty if the license
is not paid by August I and a 40 percent penalty if not paid by September L. Recent experience
indicates that our procedure would be more efficient if we eliminate the second penalty and
delinquent date. The number of licenses which ultimately pay the extra penalty after the second
notice does not justify the expenses of staff time and costs of producing and mailing these notices.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed
Councilman Pagliaro moved adoption of ORDINANCE 1500. Seconded by Councilman Harrison,
carried unanimously by roll call vote.
PUBLIC COMMENTS
Ray Green, attorney representing John Browning & Associates, spoke about development of the
Bayside Park landfill area. This organization is expert in developing golf facilities and they
proposed they could do it better than the city. Mayor O'Mahony explained the city must meet many
regional agency requirements before we can consider working with any group, perhaps in two years
time; the city has just contracted for installation of gas monitors as required by BAAQMD.
Councilman Pagliaro asked if Green had a son who was employed with Pagliaro's law firm. Ray
Green responded yes; Pagliaro said he would abstain from any further discussion.
John Browning said he understood the many requirements for closing the landfill but that his firm
knows how to work with these agencies. He said the city's current plans showing a driving range
are deficient and that his group could save the city money. Public Works Director stated that we
are currently setting design parameters for project and the plans now available are preliminary. He
was willing to meet with Browning to discuss the design issue.
COMMISSIONER APPOINTMENTS
Councilman Pagliaro asked if council wanted to consider the issue of a third appointment to the
Planning Commission since the resignation of Commissioner Shelley Graham occurred after the
deadline for applications. Councilman Harrison noted we had six qualified applicants who were
interviewed. Councilman Spinelli thought we should advertized for a single slot on Planning
Commission; he thought city should develop an appointment procedure similar to the City of San
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Mateo's. Councilwoman Knight agreed, since it was advertised as two positions with two
incumbents applying for reappointment, some qualified persons might have hesitated to apply.
Councilman Pagliaro suggested opening the application until April29 for more applicants, Mayor
agreed. Councilman Harrison moved to open the application period another two weeks to fill one
vacancy on the Planning Commission. Seconded by Councilman Pagliaro, carried unanimously.
Councilman Pagliaro said he and the Mayor had interviewed some very good candidates for the
Planning Commission; he noted the two incumbents are doing an excellent job and he moved to
reappoint Chuck Mink and Mike Galligan. Seconded by Mayor O'Mahony, carried unanimously.
Councilwoman Knight said she and Councilman Pagliaro had interviewed two applicants for the
Library Board, the incumbent and another. She said Linda Scheifler Marks would be an exceptional
board member but with the library construction project coming up she would like to reappoint Jane
Taylor. She so moved. Seconded by Councilman Pagliaro, carried unanimously by voice vote.
REVIEW MEETING WITH SAN FRANCISCO MAYOR JORDAN REGARDING BAITT
Mayor O'Mahony stated she and Councilman Spinelli met with Mayor Jordan and officials from
other cities which would border the proposed BART track extension to the airport; Mayor Jordan
favors the BART station in the airport with stations at Tanforan and Millbrae Avenue with tail
tracks into Burlingame. There would be a 3000 car parking structure on Millbrae Avenue; the
station and parking would severely impact traffic on Millbrae Avenue and Trousdale Drive. She
told Mayor Jordan that Burlingame is opposed to this plan. She noted BART is urgently pursuing
this project because they could lose millions of dollars in federal transportation funds offered for the
"BART to the airport" project.
Councilman Spinelli noted Jordan said he would like to see BART going south; any place it stops it
witl impact; with this proposal San Bruno and Millbrae are getting BART funds so they have no
objections. Mayor O'Mahony said the EIR with this as alternative 6 will be going to the public this
summer and she asked the public to be aware; BART will cut the city in half with its third rail and
walls. Everyone will have to go over or under the BART track, you can't drive across it; the
airport, BART and San Francisco have a lot to gain from this project.
Council discussed Caltrain, Measure A, Measure K, and the airport MOU. Councilman Pagliaro
reported on the CCAG meeting where there was a presentation from BART; he thanked the City
Attorney for the memo on subpena powers of a city council and asked that staff inquire about
getting documents from BART and Samtrans regarding funding of the project. After further
discussion, staff suggested council members determine what documentation they want and let the
City Attorney know. City Manager mentioned the EIR timing and the San Francisco election in
June which asks endorsement for BART to the airport and which Mayor Jordan said would be
binding on this project. Mayor O'Mahony believed there were lots of financing "shenanigans. "
CONSENT CALENDAR
Councilman Pagliaro said he would abstain from vote on "i. denial of claim. " Council discussed
items briefly, "8" ordinance for variance for entrance in alley, traffic commission has discussed
parking in alleys, "b" send copy of smoking resolution to health coalition, "e" Burlingame initiated
the amendment to the SFW lease agreement, "f" reviewed the timing of the long term review of
Dicey Riley's amusement permit.
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a.
e
INTRODUCTION OF ORDINANCE 1501 ALLOWING VARIANCES FROM RESTRIC-
TIONS ON BUILDING ACCESS
City Attorney's memo of April 5 recommended council introduce this ordinance; council had
a request for a change in zoning code 25.58.030 which currently requires primary access for
a business to be on a street at least 25 feet in width, thereby prohibiting access on Hatch
Lane which is only 20feet wide. This ordinance will allow a variance procedure for such
access.
b. RESOLUTION 13-94 - OPPOSING TOBACCO INDUSTRY'S INITIATIVE
City Manager's memo of April 6 recommended council consider this resolution recommend-
ed by the Coalition for Healthy California which opposes the tobacco industry's initiative.
RESOLUTION 14-94 - ACCEPTING COMPLETION OF THE CALIFORNIA DRIVE
FIRE STATION 34. CP 9011
Public Works memo of April 14 recommended council accept this project as completed by
Hodgson Construction in the amount of $2,295,114. Since the project went on too long,
liquidated damages of $44,410 are being withheld.
RESOLUTION 15-94 - AUTHORIZING PROFESSIONAL TESTING AND INSPECTING
SERVICES FOR 1994 STREET RESURFACING - CP 9318
Public Works memo of April L2 recommended council approve a contract with Testing
Engineers in the amount of $18,800 for inspection services during street resurfacing.
RESOLUTION 16-94 - APPROVING AMENDMENT TO LEASE AGREEMENT WITH
SAN FRANCISCO WATER DEPARTMENT
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d
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Public Works memo of April 12 recommended council approve an amendment to the SFWD
lease to remove the requirement that we provide a Faithful Performance Bond; this will save
the clty the cost of such a bond.
f. RENEWAL OF AMUSEMENT PERMIT FOR DICEY RILEY'S IRISH PUB. 221 PARK
City Attorney's memo of April 13 recommended council renew this permit until the annual
renewal period in June 1994 as recommended by the Police Department.
RESOLUTION 17-94. DECLARING INTENTION TO ESTABLISH 1994-95 ASSESS-
MENTS FOR THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT (BID)
City Manager's memo of April 12 recommended council set the hearing on the 1994-95 BID
assessments for the May 2 meeting. The annual report from BID was attached.
h. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 31503 - 31949, duly audited, (3144L-
31502,library check run) in the amount of $809,410.74 and Payroll Checks 64880 - 65618
for the month of March 1994 in the amount of $1,239,138.64.
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i. DENIAL OF CLAIM OF JANOR TUCK
City Attorney's memo of April 5 recommended council deny this claim for auto damages
from a collision at Easton and Cortez.
Councilman Harrison moved approval of the Consent Calendar with Councilman Pagliaro abstaining
from "i. " Seconded by Councilwoman Knight, carried unanimously.
Councilwoman Knight had heard that the legislative committee voted to oppose Valerie Brown's bill;
attended meeting with Assemblywoman Speier where our Police Chief spoke on crime; reported
community picnic plans are progressing; school accreditation committee was impressed with
cooperation between high school and city. Councilman Harrison would be attending ALUC and
convention bureau meetings. Councilman Spinelli reported on Airport Roundtable and noise
reduction efforts. Mayor O'Mahony told about train centennial committee and its desire to have
picture with railroad theme on front of recreation brochure to commemorate the event. Staff said
perhaps a drawing or photo theme on front with advertisements on the back page of brochure would
be appropriate. Councilman Spinelli said he had a photo of the freedom train when it passed
through Burlingame which the committee might use.
NEW BUSINESS
Mayor O'Mahony set a public hearing for May 16 for an appeal of three special permits and a
parking variance for an accessory structure at 733 Farringdon (appealed by both the applicant, who
requested a May 16 hearing, and by a neighbor).
Councilman Spinelli mentioned again he thought council should have a policy on commission
appointments.
ACKNOWLEDGEMENTS
Commission Minutes: Library Board, March 15; Broadway BID, March 8; Planning, April
ll,1994.
Councilwoman Knight said the Library Board would be having a presentation by the Telecommuni-
cations Director of Los Angeles on May 17.
Department Reports: Police, March; Treasurer, March 31,1994; Building, March 1994.
futter from Raymond Green, representing John Browning & Associates, regarding Bayside
Park development. (Discussed earlier)
Irtter from Delancy Smith concerning the BART extension.
ktter from Helen Borrone regarding the airport expansion.
ptter from Bay Area Air Qualrty Management District regarding the request to locate an air
monitoring station near the airport.
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b
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f.
(,b Proclamations: Professional Secretaries Week, April25-29; AIDS Awareness Day, May 1;
Older Americans Month, May; Hire-A-Veteran Week, May l-7, 1994.
ktter from County regarding plan to offer compost bins and instruction to residents for the
Backyard Composting Program.
Mayor O'Mahony asked staff to fax a leffer of opposition to AB 3156 to Assemblywoman Speier
since Speier voted the wrong way last time.
CLOSED SESSION - PERSONNEL
Mayor O'Mahony adjourned the meeting at 9:08 to a Closed Session regarding the procedure for
appointment of a new Recreation Director. No action was taken.
ADJOURNMENT
The meeting was adjourned at 9:29 p.m
Judith A. Malfatti
City Clerk
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h.