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HomeMy WebLinkAboutMin - CC - 1994.06.06154 BIJRLINGAME, CALIFORNIA June 6, 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 at7:30 p.m.by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Senior Commissioner Vic Mangini. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI, PAGLIARO NONE MINUTES The minutes of the Regular Meeting of May 16, 1994 were approved after changes on page 3 to show that Councilman Harrison asked if "Lloyd" was a member of JPB, and he asked the phrase "oersonallv felt the Chamber should endorse the event" be deleted. Councilman Harrison moved approval of the May 16 minutes; seconded by Councilman Spinelli and carried unanimously. Councilman Harrison moved approval of the minutes of the Study Meeting of May 18, 1994. Seconded by Councilman Pagliaro, carried unanimously. PUBLIC HEARING - RESOLUTION 31-94 APPROVING THE NEGATIVE DECLARATION ON THE 1990-1995 HOUSING ELEMENT - AND - RESOLUTION 32-94 APPROVING THE 1990- City Planner reviewed her memo of May 23 which recommended council hold a public hearing and take action on the Negative Declaration first and then action on the adoption and self certification of the 1990-1995 Housing Element and amendment of the General Plan. The Planning Commission held a public hearing in March and recommended the draft Housing Element to council. In April Council and the commission met to discuss the Housing Element; a number of issues were discussed, including second units, addition of Call Primrose to the list of housing services, parking as it relates to density, the role of the Senior Commission, use of air rights on private and public property, and how the housing element relates to implementation programs. The State Department of Housing and Community Development (HCD) reviewed two drafts of the housing element; the first review was addressed in their letter of September 13, 1993 and the second review, in response to changes made to address comments of the September letter was made in the March tl, L994 letter. The March letter address the draft document as it went to the commission. In this letter HCD is looking to (1) commitment to programs which provide specific incentives to promote mixed use developments and a more specific date for accomplishment of our proposed program, (2) adoption of a broad based second unit program, (3) encouragement of development of new units on infill lots by providing regulatory incentives, and (4) greater specificity on how siting of emergency shelter and transitional housing will be facilitated in Burlingame. To be certified by the State, all four of these items must be addressed to HCD satisfaction. Since some of the items involve policy 155 which council must decide before we submit to HCD for certification and since we must adopt the housing element before HCD will make a final determination on certification, it appears necessary for the city to self-certify. Before acting on the housing element and general plan amendment, council must approve the negative declaration finding that on the basis of the Initial Study and any comments received, there is no substantial evidence that the project will have a significant (negative) effect on the environment. City Planner responded to council questions regarding long process for housing element started over a yeff ago; how city would respond to required reports to State on progress in implementing the housing element; that the second unit amnesty only applies to units built prior to a date to be chosen, not to new second units. Council informed those present that this housing element has been worked on by staff, commission and council for over a year; that the Senior Commission would have an active role in assisting with program and advising on alternatives for seniors; that Burlingame land area is only 3.5 square miles, of the total square miles mentioned, 2.5 square miles are under water. City Planner noted consultant Robert Ironside was present. Mayor O'Mahony opened the public hearing. Robert Ironside, planning consultant, reviewed the key elements of the housing element; noted State will not certify if city does not meet its four requirements; housing need is based on ABAG calculations. Walter Sjostrom and his representative Bruce Balshone spoke regarding Sjostrom's property on Ralston adjacent to a city parking lot; they encouraged legalizing second units; would like to see a project built on Ralston lot with Sjostrom's property added. Councilwoman Knight asked staff about air rights above parking lots and why the Ralston lot was removed for housing element; staff noted neighbors objected to the Ralston lot, the lots on Donnelly and Bayswater and Howard were preferred since they were closer to the commercial area and less likely to be impacted by new commercial development since their environs are generally built. Mayor closed the public hearing. Councilman Pagliaro moved adoption of RESOLUTION 3l-94 Approving Negative Declaration and finding as stated in the initial study and testimony there were no significant negative effects on the environment. Seconded by Councilman Harrison and carried 5-0 on roll call vote. Councilman Pagliaro asked why the housing element was designated 1990-1995; staff noted it was a state requirement and explained the State's reasoning. Councilman Harrison moved adoption of RESOLUTION 32-94 Amending the General Plan and Approving the 1990-1995 Housing Element and Certifying its Compliance with Article 10.6 of the Government Code, including findings listed in staff report under Exhibit A. Mayor O'Mahony thanked the staff, Planning Commission, Senior Commission and the consultant for their efforts on the Housing Element. PUBLIC HEARING - AMUSEMENT PERMIT AMENDMENT FOR BOBBY MC GEE'S RESTAURT{NT AT CROWN STERLING SUITES HOTEL. 150 ANZA BOULEVART) City Attorney reviewed his memo of April 12 which recommended council hold a public hearing and take action. We have received an application for an amendment to the amusement permit for Bobby McGee's Restaurant to allow a DJ and recorded music. Their current permit allows recorded music and various contests, it is unclear whether they intend to continue the contests. There have been problems at this establishment in previous years and a number of hazardous calls (danger to persons and property). The Police Department recommends the permit be revoked. Since some time had passed since the staff report was written and police presence has increased, the police ran 156 another review of calls for service and the problems have been considerably reduced in the last two months. Representatives from the business were present. Councilwoman Knight confirmed that there is new management at the restaurant and bar. Mayor O'Mahony opened the public hearing. Bob Cassalia, representing Performance Restaurants, owner of Bobby McGee's, told council he was surprised when he learned about the police wanting to revoke the permit. He said they employ 175 people with over $1 million in payroll. He was not aware of the previous problems at the site, they have owned the site since December 1993; willing to hire two police officers to work Friday and Saturday; they are changing dress code and music format; having security guards use cellular phones; increasing merchandizing of non-alcoholic drinks. Councilman Pagliaro was puzzled that they were surprised at Police recommendation to revoke the permit after all the trouble at the site; Cassalia explained his organization had only recently taken over management of the restaurant, he was aware the previous owner had problems. Pagliaro asked if they were willing to hire the extra police for 90 days; Cassalia said yes. Councilwoman Knight asked if the hotel was aware of these problems; she was reluctant to approve because fear of someone being hurt or killed at the site. Cassalia reviewed that the hotel had previously required that any calls for police assistance be made through the hotel switchboard, now those calls will be made direct to police to reduce delays and clarify cause of call; Cassalia said their security would attend the hotel security seminars given by our police department. Police Chief agreed things have toned down at the site and there seemed to be less problems. Councilman Spinelli said he was also concerned but he was willing to give the new owners a trial period. The hea Ehuffirum HomitctpffiGY approval of the amusement permit as requested for a period of 90 days CounEi I man Harri sbn moved ^ with conditions recommended by police. Seconded by Councilman Spinelli, carried 4-1 on roll call vote, Councilwoman Knight voting no. PUBLIC COMMENTS Robert Jackson, property owner in Burlingame, said he is disabled and had to walk south down Rollins Road from Rector Cadillac; he found there are several blocks with no sidewalks and bushes and trees blocking path with cars parked along street, he had to walk around parked cars into the street and feared being hit by a car or truck. He asked if there were some way to get owners to install sidewalks and remove trees and bushes. Council asked the Public Works Director talk with Jackson. Public Works Director said there is a law that allows council to require owners to install sidewalks and if they don't city would install and bill the owners. David Few, resident, thanked council for the new paving on El Camino. He addressed his concern about the enormous increase in size of the proposed library project; thought city would need a bond issue; urged council to be cautious. Carol Nowlin, 445 Chatham, urged council approval of the stop signs at Recreation Center City Manager reviewed his memo of May 24 which recommended council select one of the two finalist firms - Bull, Stockwell, Allen & Ripley or Group 4/Architecture - for final design of the library reconstruction project and direct staff to negotiate a contract. nq S- ri WAcl osed. 157 Councilman Pagliaro said the good news was that council had two excellent architectural firms from which to choose - the bad news was that council could only choose one firm to do the new library. He said he felt strongly about the historical significance and preservation of the library and because of our experience with the fire station he felt most comfortable with Group 4/Architecture. Other council members agreed, Harrison noted satisfaction with Group 4's design work on our fire station reconstruction; Knight said the original interview committee said both firms were exceptional but Group 4 addressed more preservation of the historic building and they have a computer expert on staff. Knight noted regarding David Few's comments about the project being too large, our library doesn't have room for any more new books, it must also meet ADA requirements and seismic concerns. Spinelti concurred with colleagues. Mayor said we had two great firms to choose from; she asked that the archictural contract narrow the $76,000 gap and allow the city to pull any subcontractors; she noted the library is the soul of the city. Councilman Harrison moved to direct staff to negotiate a contract with Group 4/Architecture for reconstruction of the city library. The motion was seconded and carried unanimously. BURLINGAME/HILLSBOROUGH FIRE SERVICE STUDY City Manager reviewed his memo of May 19 which acknowledged Hillsborough decided to not proceed with any further discussion of merger of the two departments, that they wanted to continue operation of their Floribunda station. He suggested council allow staff to continue discussion with Hillsborough in the area of joint training, fire prevention, vehicle maintenance and automatic aid where mutually beneficial. He thought the study had been a useful review of the fire services for both cities and it could provide future opportunities if the state continues to erode our tax base. Councilman Harrison moved to direct staff to continue discussion of the four items. Seconded by Councilman Pagliaro. Councilwoman Knight asked about emergency medical services. The motion carried unanimously. TRAIN STATION CENTENNIAL Cochairs of the Centennial Committee, Bill Key and Marilyn Short, were present and discussed the report on committee finances attached to the City Manager's memo of May 24. Councilman Spinelli asked about the $1,000 the city donated toward cost of the publication; City Manager said he added proviso that if the committee could not raise enough funds it would come back to council; Spinelli thought funds should be used first for insurance, then other items like publications. Key noted the committee has never asked city for funds, now with the $500 donation from the Chamber and a lower estimate for insurance costs from the same insurer as the JPB, Lloyds of London, the funding problems are being whittled down. They noted the $18,000 estimate of expenses for the event are a "worst case" scenario. Short said they are working with groups that can donate items for the event. Councilwoman Knight noted frustration with the JPB which has many historical train stations that will be celebrating such events. Council thanked them for the report. TRAFFIC COMMISSION RECOMMENDATION TO APPROVE STOP SIGNS - URGENCY ORDINANCE 1502 ESTABLISHING STOP SIGNS ON BURLINGAME AVE. AT ANITA ROAD Public Works Director reviewed his memo of May 20 which recommended council consider the Traffic Commission's recommendation to install stop signs, street lights and new crosswalks at the intersection of Burlingame Avenue and Anita; if council concurs it should introduce an ordinance. At the May 12 commission meeting, 20 residents appeared and presented a petition signed by 208 r58 residents. Staff could not recommend this action because it does not meet warrants for installation of stop signs based on volume of traffic and accidents. A speed survey does not indicate excessive speed. Staff concurred with installation of additional lighting. Mayor asked if there were any public comments. Michael Liberty, 201 Anita, said the commission passed this proposal unanimously; he hoped there would be a vote on this tonight; visibility at this intersection is poor; warrants are only standards, other issues to consider for making a decision are the number of children and senior who cross here, the Recreation Center and Washington Park, the traffic from high school, auto dealers and bus traffic; Burlingame Avenue is a feeder to the freeway; he encouraged council to take action. John Bauer, senior resident, agreed with Liberty; he walks his grandchildren from Washington School through this intersection and sees the need for stop signs; he said he speaks for seniors. Sarah Hammett, 1470 Yancouver, spoke for the Burlingame Mothers Club which strongly support stop signs at this location. Roseann Mirosnikof's letter questioned the criteria of installation of stop signs - counting cars is not the issue; she related story of another town where a child was killed in a crosswalk - although requested earlier, not until that death did that city install stop signs. Councilwoman Knight agreed something should be done; reviewed history of this request which began h 1992; she asked City Attorney how council could act on this immediately. City Attorney responded an Urgency Ordinance would take a 415 vote of council. Councilwoman Knight moved adoption of URGENCY ORDINANCE 1502 for Installation of Stop Signs at Burlingame and Anita, new street lights and crosswalks. Seconded by Councilman Harrison. Council commented on their concurrence; congratulated residents who worked for this; noted number of people who visit Recreation Center and new playgrounds and difficulty of crossing street at site; agreed that after testimony tonight saw there was a need for urgency ordinance. The motion carried unanimously 5- 0. Public Works Director noted that the signs could be installed immediately but people should be given a chance to get used to a new stop sign so enforcement would be delayed and the stop signs would be shrouded for a while. TRAFFIC COMMISSION RECOMMENDATION TO DENY REOUEST FOR A THREE WAY STOP AT TROUSDALE DRIVE AND OUESADA WAY BY FRANKLIN SCHOOL Public Works Director reviewed his memo of June 1 which recommended council concur with the commission and deny the request from the PTA for a three way stop sign at Trousdale and Quesada. On May 12 the commission voted 3-2 to deny this request because warrants are not met and that the stop signs would be there 24 hours while the problem for cars crossing Trousdale is only for a short time when parents drop off or pick up children at the school. Councilman Pagliaro agreed with the commission, told about someone suggesting stop signs be installed at all intersections in the city and then people could come to request removal of a stop sign. He moved to concur with the commis- sion and deny the request. Seconded by Councilman Harrison. Councilwoman Knight said she could support the request, it was a close vote by commission; there is great deal of traffic on Trousdale, if BART should go into Millbrae traffic would be greater; we are repairing play fields at Franklin School and they will get more use and generate more traffic; related confusion because one direction on Trousdale has a stop sign but other direction does not. Other council members agreed with Pagliaro, the motion to deny was approved 4-1, Councilwoman Knight voting no. r59 SPECIAL EVENT REOUESTS FROM BURLINGAME AVENUE MERCHANTS ASSN. AND BROADWAY MERCHANTS ASSN. City Manager reviewed his memo of May 26 with letters from both Merchants Associations attached requesting (1) Broadway Merchants Annual Broadway Festival on August 6 & 7, D9a: Q) Burlingame Avenue Merchants "Art of the Avenue" on September 24 & 25, 1994 and (3) Burlingame Avenue Merchants Sidewalk Sale on August 19 & 20, 1994. He recommended approval subject to meeting police department conditions and providing insurance coverage. Councilwoman Knight applauded the Broadway Merchants on the successful spring event they held focusing on children, she was pleased to see their summer Festival would not include sale of alcoholic beverages; she asked that the Burlingame Avenue Merchants "Art of the Avenue" event be voted on separately as she would vote against it because of the sale of alcoholic beverages. She moved approval of requests number 1 and 3. Seconded by Councilman Harrison and carried unanimously. City Attorney noted the Broadway Merchants might add additional events not listed in their request and would come back to council if they did. Councilman Harrison moved approval of request number 2 for the Burlingame Avenue Merchants "Art of the Avenue" event. Seconded by Councilman Spinelli. Councilman Pagliaro noted he is philosophically opposed to sale of alcoholic beverages but since there have been no problems with the event, he would vote for it. The motion carried 4-1, Councilwoman Ifuight voting no. BART PRESENTATION SCHEDULED FOR JUNE 29. 1994 City Manager informed council that BART staff has responded to the Mayor's letter of May 27 and suggested some dates for a presentation by BART. Council agreed to the June 29 date and discussed alternative locations for the meeting; wondered if it would be better to have this presentation after the EIR is available, City Manager noted BART will be holding public hearings on the EIR; would prefer to have BART administrative and technical staff, rather than public relations. Councilman Pagliaro acknowledged the City Attorney's memo and response from BART attorney regarding our request for materials to be copied; they responded that costs for copying would run over $5,000; he thought we could review the materials and then determine which papers we wanted copied; Mayor noted she had heard the EIR would include funding details, staff noted financial impact is not required in an EIR, however it was noted that BART representatives had stated there would be cost data included in their EIR. Council discussed format for meeting, perhaps panel discussion. Staff noted the Chamber, Rotary and Lions Clubs will have speakers on BART at upcoming meetings. Pagliaro mentioned there is a BART lobbyist traveling around and wondered if this tobbyist is paid from public funds. REGULATION OF FOOD ESTABLISHMENTS GESTAURANTS) IN UNREINFORCED MASONRY (URM) BUILDINGS City Planner reviewed her memo of May 31 which recommended council review the issue and give staff direction. The Public Works Director had reviewed the status of URM upgrades in the two business districts of Burlingame Avenue and Broadway and found there are L 1 such food establish- ments in Burlingame Avenue Subarea A (2 complete or in process of repairs) and 4 in Broadway area (1 completed repairs) in URM buildings. The City Attorney suggested (1) amending the code regarding regulation of food establishments by adding a section addressing URM buildings allowing a restaurant to temporarily relocate during repairs, (2) a use permit requiring only council review and a large bond to insure relocation back to original site, or (3) allow permanent relocation of food 160 establishments if the repairs take more than 4 months. In that case council could allow an increase in the quota of food establishments. City Attorney cautioned council about getting involved in landlord/tenant fights. Council discussed the issue at length and determined the first option with the applicant coming directly to council was best. Staff will prepare legislation. CONSENT CALENDAR Council had questions on "a" regarding hotel tax security bond and why hotel gets interest from taxes collected; "b" informing public about storm water management; "c" fees for use of playing fields; and "e" new company for rodent control. a.REINTRODUCTION OF ORDINANCE 1498 REOUIRING TRANSIENT OCCUPANCY TAX SECURITY BOND City Attorney's memo of May 13 recommended council reintroduce this ordinance. In February council introduced Ordinance 1498; the hotels expressed concerns and the City Attorney agreed to meet and negotiate. This ordinance will give the Finance Director the discretion to require deposits of taxes as frequently as weekly or daily and into a city bank account, and a tax bond would be required for all but our smallest hotels. The ordinance would take effect immediately upon adoption as allowed by Government Code for ordinances regarding taxes. INTRODUCTION OF ORDINANCE 1503 ADOPTING A STORM WATER MANAGE- MENT AND DISCHARGE CONTROL PROGRAM Public Works memo of May 26 recommended council introduce this ordinance adding Chapter 15.14 to the city code. The EPA imposed regulations that mandate local govern- ments to control and reduce the amount of storm water pollution into streams and the bay. Under CCAG the San Mateo Countywide Storm Water Management Plan was developed and submitted to the Regional Board which adopted the plan and issued the NPDES permit. The plan describes tasks that will be undertaken during the first five years of the permit. This ordinance gives the city the authority to require controls to reduce discharge of pollutants. City Manager's memo of May 13 recommended council approve the agreement with the school district for the city to improve the elementary school field for soccer and softball use; the city will spend $200,000 for improvements to the field and share maintenance with the city paying 60 percent of that cost. The district agrees to allow the city use of the field for 20 years. The city is reviewing possible field use fees to cover a portion of the costs. RESOLUTION 34-94 AUTHORIZING CONTINUANCE OF THE SENIOR NUTRITION PROGRAM Recreation Director's memo of May 25 recommended council approve a resolution authoriz- ing the City Manager to apply to continue the senior luncheon program. The net cost to the city is estimated to be $7,928. b c d RESOLUTION 33-94 AUTHORIZING AGREEMENT FOR USE AND MAINTENANCE OF FRANKLIN SCHOOL ATHLETIC FIELD 151 e RESOLUTION 35-94 AUTHORIZING AGREEMENT FOR RODENT CONTROL IN CREEKS AND DRAINAGE AREAS - CP 917 Pubtic Works memo of June 1 recommended council approve a contract with Dewey Pest Control in the amount of $16,648. The County has negotiated this contract on behalf of the county and other cities. f TENTATIVE AND FINAL PARCEL MAP FOR LOT LINE ADruSTMENT BETWEEN FRANKLIN SCHOOL AND BURLINGAME INTERMEDIATE SCHOOL AT TROUS- DALE DRIVE AND OUESADA WAY Public Works memo of June L recommended council concur with the Planning Commission and approve the map for lot line adjustment with the condition that the school district continue to maintain trees and landscaping in the traffic island. OUT OF STATE TRAVEL FOR POLICE OFFICER Police Chief's memo of May 27 recommended approval to send Officer Nakiso to an out of state training session August 1 through 12 in Georgia. Officer Nakiso is the School Liaison Officer and this training is to teach the G.R.E.A.T. (Gang Resistance Education and Training) program which is an eight week session for seventh graders and four week session for third and fourth graders that Officer Nakiso will teach in Burlingame schools. There is no cost other than transportation and his salary while there. The school district approves of the concept. DENIAL OF CLAIMS: (1) NY SINCLAIR: (2) DON YARBROUGH City Attorney's memos of May 17 and May 16 recommend denial of claims for (1) trip and fall and (2) attorney costs incurred during enforcement of dish antenna regulations. Councilman Harrison moved approval of the Consent Calendar. The motion was seconded by Councilwoman Knight and carried unanimously. Councilwoman Knight reported meetings of the legislative committee, ITSMA, Chamber transporta- tion committee regarding a shuttle bus, train centennial, community picnic, Council of Cities bylaws where a council member of another city suggested Council of Cities have a subcommittee for BART, and she attended an Eagle Scout celebration. Councilman Harrison reported on ALUC. Councilman Spinelli reported on the Airport Roundtable and noisy planes. Mayor O'Mahony attended a restaurant association's conference at a local hotel; she liked the idea of a BART subcommittee for the Council of Cities. Councilman Pagliaro said he called the airport noise line and received a report back that the noise event he called about happened on Runway One at a certain time; he said he would also like to hear which airline and type of plane had created the noise; he asked Councilman Spinelli to bring that idea before the Roundtable. OLD BUSINESS Councilman Pagliaro mentioned the Park and Recreation Commission discussed rollerblade hockey, getting insurance was a question. (} h. 16? NEW BUSINESS Councilman Spinelli called up for council review the 1157 California special permit amendment and parking variance for the American Gnostic Church approved by the Planning Commission. Mayor set hearing for June 20, 1994. Commission Minutes: Traffic, Safety and Parking, May 12; Planning, May 23; Senior, May 20; Park and Recreation, May 20; Library, May 17; Beautification, May 5, 1994. I-etter from Nancy Finney regarding outlawing noisy leafblowers on weekends ktter from Ruth Jacobs regarding a recent Council/Planning meeting. I-etter from Frankie Meyer regarding regulation of restaurants. Copy of letter from Senator Kopp to Robert Fruedenberg regarding BART and Caltrain. Memo from City Manager regarding appointment of new Recreation Director. ktter from Laura Azevedo regarding curfew for minors. Memo from Police Chief regarding gun dealers in Burlingame. lrtters from 12 citizens objecting to BART coming into Burlingame. Councilman Spinelli mentioned he appreciated the editorial in the San Mateo Times regarding BART and Caltrain. ADJOURNMENT The meeting was regularly adjourned at 10:40 p.m. a. b. c. d. e. f. ('b. h. i. ?/lfuh' t2' Judith A. Malfatti City Clerk