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HomeMy WebLinkAboutMin - CC - 1994.06.20167 BIJRLINGAME, CALIFORNIA June 20, 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 Ird by high school student Karen Cannon. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI, PAGLIARO NONE MINUTES The minutes of the Regular Meeting of June 6, 1994 were approved on motion of Councilman Harrison after changes on page 4,5 and 8 to show that Councilman Harrison reported on ALUC, not CCAG; that the Mayor advised the library architects to narrow the $76,000 gap; and that Mirosnikof was not present at the meeting... The motion was seconded by Councilman Spinelli and carried unanimously. The minutes of the Study Meeting of June 8, 1994 were discussed; Council- woman Knight thought council had agreed to invite representatives of Caltrain and Samtrans to the special meeting on June 29. Councilman Harrison moved approval of the minutes of the Study Meeting of June 8, 1994. Seconded by Councilman Spinelli, carried unanimously. PRESENTATION OF PROCLAMATIONS TO STUDENTS TRAVELING TO EUROPE Mayor O'Mahony announced that five local high school students and their advisors were present to receive proclamations to present on behalf of the city to the European cities of Geneva and Annecy, Switzerland; Paris and Toulouse, France; and Cambridge and London, England. The students, Rushan Apakay, Karen Cannon, Mollie Thompson, Vanessa Veneziano and Shauna Yelnick, are representing the People to People Student Ambassador Program. Their advisor Barbara Delbon accepted the proclamations, introduced the students and thanked the Mayor. PUBLIC HEARING - RESOLUTION 36-94 ADOPTING 1994-1995 OPERATING BUDGET - AND RESOLUTION 37-94 SETTING THE APPROPRIATION LIMIT City Manager reviewed his memo of June 13 which recommended council hold a public hearing and take action. Council received the proposed budget in May and on June 8 reviewed the budget at the study meeting. Based on council discussion and staff amendments at the study meeting, six revisions should be incorporated in the final budget: 1) increase the non-departmental budgets for CCAG and bus shuttle; 2) increase street maintenance $22,000) increase park $6,000 for Franklin School Field; 4) increase dump closure $2 million; 5) revise funding of library reconstruction from 2 percent hotel tax rather than general fund; and 6) allocate community funding of $31,250. The budget totals are: General Fund, $20,569,486; Water Enterprise Fund, $2,969,434; Sewer 158 Enterprise Fund, $4,806,373; and Capital Projects Fund, $9,880,000 for a total t994-L995 budget of $38,225,293. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Council discussed the Community Funding for Shelter Network. Councilman Spinelli had sent council a copy of the newspaper article regarding Shelter Network allowing an accused murderer and persons on probation or parole to live there; he suggested reducing the funding to send a message to the organization. Councilman Pagliaro moved to grant the organization $2,000 instead of $3,000, to send a cover letter explaining council's concerns and to adopt RESOLUTION 36-94 Approving the 1994-1995 Budget and RESOLUTION 37-94 Setting the Appropriation Limit. Seconded by Councilwoman Ifuight and carried unanimously. Mayor mentioned she received a call requesting support of Project Read. Staff will report back to council on this organization. PUBLIC HEARING - APPEAL FOR NEGATIVE DECLARATION. PARKING VARIANCE AND SPECIAL PERMIT AMENDMENT FOR CHURCH AT 1157 CALIFORNIA DRIVE - RESOLU- TION 38-94 APPROVING SAME City Planner reviewed her memo of May 13 which recommended council hold a public hearing and take action. The city has received an application from Reverend Richard Fernandez, American Gnostic Church, for a negative declaration, an amendment to the special permit for church use to change the size of the congregation and the service days and hours of services, and a 60 space parking variance to expand the congregation size to 414. Under the present permit the congregation can be a maximum of 54 with meetings on Saturdays and Sundays. No parking variance was required for the original permit and the permit also allowed meetings for up to 10 people at any time. The new request is for 9 services a week, Monday through Friday, as well as continuing the Saturday and Sunday services. The applicant wishes to reinstall the 414 fixed seats which were in the old theater building. The Planning Commission approved the request at its May 23 meeting; Councilman Spinelli called it up for council review. In response to council questions, staff explained the theater use could not be replaced because it was non-conforming and the building has not been a theater for years. The non-conforming status has been lost. Mayor O'Mahony opened the public hearing. Reverend Fernandez was present and offered to answer council questions. Councilman Pagliaro was concerned about the huge jump in size of congregation; Fernandez said the theater originally seated over 600; his congregation has worked hard to repair the building; his use would not create a burden on the community, there is a large Caltrain parking lot across street which is not in use during times of his services; the proposed time for services is a "down" time for the retail area; other churches have less parking available; want to make building available for others in spiritual community; trying to be a positive image for community; he assured council he is not planning theater use. Pagliaro noted staff suggested his church could be used by other organizations. Councilwoman Knight had been unable to inspect the property, was told she did not need to inspect it because it was only a parking variance request; heard he expressed interest in old lighting from Burlingame High School theater; was concerned about conflict with retail and church parking on Saturday mornings. Fernandez said other groups which might use the site were non-profit groups; they might need more lighting for building, that's why his interest in high school lights; all businesses in area support his use, his church brings customers to the area and parking is not an impact. Councilman Spinelli asked how many were in the congregation at this time; and whether there would be a charge for other groups to use building. 169 Fernandez said about 120-135 in parish and he would not charge rent for the site. Spinelli asked if Fernandez owned adjacent property; Fernandez said the church owns a small part, hoped in future to use as parking. Other public comments: David Constantino, ll20 Broadway and President of Broadway Merchants, said he supported the Reverend's request; Rev's a positive influence in area and benefits the merchants; many other churches have little or no parking; commercial districts are better locations for churches than residential districts. Peter Campanile, owner of Tower Deli, looked forward to increased use of the church; would be good for business. EdnaMae Campanile also spoke in favor, noting it would have been nice to hold the recent Chamber meeting there. David Hinckle, merchant, supported the Reverend and church use as a constitutional right. Mayor O'Mahony closed the public hearing. Mayor said she would support this request after hearing from the merchants and driving around and noting all the lack of parking for other churches. Councilman Spinelli said he had lots of problems with the request; city is spending lots of money on new parking lot on Chula Vista and this church would use it all, people who use the Caltrain lot would jaywalk and there had been a fatality a couple years ago; especially concerned about night meetings and jaywalking; parking on streets is heavy now; wondered just who would be using the site. Councilman Harrison said he had no problem supporting the Planning Commission approval. Councilwoman Knight said she might suppofi the request if it were for a smaller number of people with same service times. There was furttrer discussion with the Reverend about number of people allowed; Councilman Pagliaro suggested 250 seats seemed more logical than going from 54 to 414. Councilman Harrison moved approval of the negative declaration finding the documentation provided and the testimony tonight indicates there are no negative impacts on the environment. Seconded by Councilman Pagliaro and carried 3-2 on roll call vote, Councilmembers Knight and Spinelli voting no. Council discussed with staff the suggested condition about limiting use to church uies; other ctiurches have various groups who use their facilities for meetings; concern that Caltrain might restrict use of its lot; reduce number to 250 people allowed and see how it goes. Councilman Pagliaro suggested a condition that the property not be leased to any other organization but may be ur.d by other religious or community organizations and that seating be limited to 250 with a 33 space parking variance. Councilman Pagliaro then moved approval of RESOLUTION 38-94 Approving Parking Variance and Special Permit Amendment with conditions in staff report and additional conditions he suggested. Seconded by Councilman Harrison and carried unanimously by roll call vote. PUBLIC HEAITING - SECOND READING - ORDINANCE 1503 - ADOPTING THE STORM WATER MANAGEMENT PROGRAM Public Works Director reviewed his memo of May 26 which recommended council hold a public hearing and take action. The Environmental Protection Agency (EPA) under amendments to the 1987 Clean Water Act imposed regulations that mandate local governments to control and reduce pollution runoff into streams and the bay. The county and cities developed a storm water manage- ment plan under CCAG which was approved by the Regional Water Quality Control Board. One requirement of the plan is to have adequate legal authority to prohibit discharges of non-storm water or pollutants into the city storm drain system. This ordinance gives the city that authority by adopting Chapter 15.14 of the Municipal Code. Enforcement will be on a complaint basis. Councilwoman Knight asked about how the public would be informed about this new law; staff 170 responded that one way was through the city newsletter delivered to all residents with the Recreation Brochure. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1503. Seconded by Councilwoman Ifuight and carried unanimously by roll call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1498 - ESTABLISHING TRANSIENT OCCUPANCY TAX SECURITY BOND PROVISIONS City Attorney reviewed his memo of May 13 which recommended council hold a public hearing and take action. In March 1994 council introduced this ordinance to tighten the payment process for hotel taxes. The hotels expressed some concerns and the ordinance was tabled until staff met with the hotels to address these concerns; they have now agreed on a process for securing the taxes which works for both the city and the hotels. Several years ago the city lost over $50,000 when a hotel filed bankruptcy; we also experience occasional collection problems. This ordinance will require monthly returns and payments of hotel taxes; it would require all but the smallest hotels to deposit taxes weekly into a city bank account, the hotels would receive any interest on the account and the city would withdraw the tax funds upon receipt of the monthly report from the hotel; lastly a tax bond may be provided instead of payment into the bank account. Government Code allows ordinances effecting taxes to take effect immediately. Councilman Pagliaro said his law firm represents one of the hotels and he would abstain from discussion and vote. Staff responded to council questions regarding the bond requirements. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1498. Seconded by Councilman Spinelli and carried 4-0 on ro11 call vote, Councilman Pagliaro abstaining. PUBLIC COMMENTS R.R. Miller, resident, reviewed his letters of complaint about the water billing methods and wording; he objected to calling a charge the base charge when it should be called a meter charge Glenn Mendelson, resident, asked about progress in attaching our city water system to the Crystal Springs Lake for emergency uses. ANNUAL REVIEW AND RENEWAL OF AMUSEMENT PERMITS City Attorney reviewed his memo of June 10 which recommended council review the amusement permits and renew them for another year except for four establishments which have a large number of "hazardous calls" for police service and are recommended for renewal of shorter duration: (1) Caribbean Gardens for six month renewal, and (2) Route 66, (3) Dicey Riley's and (4) Mr. K's for three month renewals. Councilman Pagliaro noted that the some of the large hotels have much larger numbers of hazardous calls; staff said those calls could not be attributed to the amusement permits but to weddings and other private parties at the hotels. kon Vitakes, Route 66, explained that some of the calls for service were not related to his bar, that he could not control who used his pay phone to call for help. 171 Orwin Miller, Caribbean Gardens, responded to council questions and related that he just wants to keep a peaceful family type business. He would need to check regarding status of his ABC license. Councilman Pagliaro moved to approve the renewal of Amusement Permits as recommended by staff. Seconded and carried unanimously. Councilwoman Knight noted a photo in newspaper of Dicey Riley's patrons celebrating World Cup and asked if there were any police problems associated with the World Cup Soccer tournament; Chief responded any problems would be reported at the next review of the amusement permits. CONTRACT RENEWAL FOR WASTEWATER TREATMENT PLANT MANAGEMENT City Manager reviewed his memo of June 14 which requested council approve in principle a contract renewal with Wheelabrator/EOS for operation and maintenance of the wastewater treatment plant as detailed in a letter dated June 10 from EOS. The term of the contract would be three years with two one-year options for extension. Councilwoman Knight moved approval of proceeding with renewal of contract with Wheelabrator/- EOS. Seconded by Councilman Harrison, carried unanimously. Staff noted that a contract would be brought before council for approval at a later date. TION SYSTEM NPDES) Public Works Director reviewed his memo of June 14 which recommended council adopt this resolution to use the County Flood Control District as the funding mechanism to support the storm water management activities. Under the Storm Water Management Plan developed by CCAG the budgeted expenses are allotted to each entity. All other cities have paid the fees through parcel taxes except Burlingame which paid our fees from the sewer budget. It is proposed that Burlingame transfer these fees to each parcel at a cost ot$332 for all residential lands; $24'86 for retail' commercial, industrial and manufacnrring landuses; and $1.86 for all miscellaneous landuses. The anticipated revenue generated would cover Burlingame's portion of the Countywide program fee. In addition staff time amounting to $3,800 will remain in the sewer budget. Councilman Harrison moved approval of RESOLUTION 39-94. Seconded by Councilman Spinelli and carried unanimously by voice vote. RESOLUTION 40-94 - AWARDING CONTRACT FOR WASHINGTON PARK WELL. PHASE II - PIPELINES - CP 9317 Public Works Director reviewed his memo of June 14 which recommended council award the contract to the low bidder, Miller Pipeline of Oakland, in the amount of $78,112.70. On May 10 tenbids were opened which ranged from $78,1.12.70 to $248,586.55. The second low bid was $109,997.50. At the bid opening, Miller Pipeline had not included the addendum with its bid, but it was delivered at the end of the bid opening meeting. The second low bidder, Detrick Corporation, objected and filed a letter of protest requesting the low bidder be disqualified. After staff review of the work proposed, it was decided the bid was reasonable and should be awarded. The late submittal of the addendum did not provide the low bidder with any advantage or affect the low bid. Detrick's attorney may be present to address council. Councilman Spinelli asked why there was such a wide spread in the amount of bids. Staff told of the different methods available for laying t7? these pipelines, some methods are much less expensive. Councilman Pagliaro asked about the cost of inspection services. Staff explained there would be little disruption of streets because pipe would be laid next to curb or inside storm drains; work in school grounds would be done during sufllmer. There were no public comments. Councilman Pagliaro saw no basis for the bid protest; he moved to approve RESOLUTION 40-94 Awarding Contract to Miller Pipeline. Seconded by Councilman Harrison and carried unanimously. LACK OF SIDEWALKS ON ROLLINS ROAD Public Works Director reviewed his memo of June 16 which recommended council direct staff how to proceed with having sidewalks installed where none exist on Rollins Road between Burlingame Avenue and Toyon Drive. At the last meeting Roger Jackson reported having to walk in the street along Rollins because of several areas that either do not have sidewalks or are so overgrown that it is impossible to walk on the sidewalk. Investigation showed 15 properties without concrete sidewalks along the frontage: about 593 feet without any sidewalk and 89 feet with asphalt sidewalk. All but three properties are duplexes or apartments. To have concrete installed the entire length would cost about $60,000. The properties that are overgrown will be notified to trim the shrubs to allow passage of pedestrians. State code allows cities to assess the cost of sidewalks to property owners after notice, hearings and orders to do work. If the owners do not do the work, the city would install the sidewalks and if not paid city would file a lien with the county tax collector. The cost to the property owner could be spread over several years and interest could be collected. Council noted owners should not object since sidewalks would improve the property; city usually pays for single family residential sidewalk repairs but these are almost all multi-family residential; some council members had viewed the area and looks bad, noted there is an old car with weeds under it; council indicated it was willing to share the cost 50/50 with the owners. Staff will begin the notification and hearing process. CONSENT CALENDAR Councilman Spinelli indicated he would abstain from item "e" because he is a tenant in that building. Councilman Pagliaro asked removal of item "f" and Councilwoman Knight inquired about the delay in denying the claim "c-1." INTRODUCTION OF ORDINANCE 1504 ALLOWING TEMPORARY RELOCATION OF FOOD ESTABLISHMENTS RESTAURANTS) IN URM BUILDINGS City Attorney's memo of June L0 recommended council adopt this ordinance. At the last meeting council discussed the issue of restaurants in the Burlingame Avenue and Broadway areas which may need to temporarily relocate while unreinforced masonry ruRM) work is done to their buildings. Council directed a code amendment to allow council to grant a permit for temporary relocation while retaining the limitation on the number of restaurants. The ordinance expires on January 1, 1995, the deadline for submitting plans for URM work INTRODUCTION OF ORDINANCE 1505 AMENDING TAXI INSURANCE REOUIRE- MENTS AND PROHIBITING PREFERENCES City Attorney's memo of June 15 recommended council introduce this ordinance making two changes to our taxi ordinance; to conform insurance language in the code to our actual a b 173 c insurance requirements and to prohibit hotel employees from giving preference to certain taxi, limousine or shuttle operators in exchange for gratuities. DENIAL OF CLAIMS: (1) MARY ALICE BASTIAN: (2) JODI NIKIEL City Attorney's memos of June 6 and June 3 recommended council deny these claims for (1) trip and fall in city parking lot; (2) an auto/pedestrian accident on Peninsula. d. ENCROACHMENT PERMIT FOR WOOD RETAINING WALL AT 2716 ARGUELLO Public Works memo of June L4 recommended council approve a permit for a wood retaining wall subject to usual conditions. RESOLUTION 41-94 AUTHORIZING WALL OPENING AGREEMENT AT 1015-1017 CALIFORNIA DRIVE City Attorney's memo of June L5 recommended council approve an agreement with the property owner that if one of the two parcels is ever sold the wall opening will be closed. This single building on two lots covers all of one lot and half of the other, with the open area being accessed by doors across the property line. (,b Removed. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 32396 - 32916, duly audited, in the amounr of $1,060,857.06 and Payroll Checks 66348 - 67070 for the month of May 1994 in the amount of $ 1 , 187 ,164 .89 . Councilman Harrison moved approval of the Consent Calendar excepting item "f" and with Spinelli abstaining from "e.' The motion was seconded by Councilman Pagliaro and carried unanimously. REMOVED CONSENT ITEM - CALLED UP FOR REVIEW TENTATIVE AND FINAL PARCEL MAP AND TENTATIVE CONDOMINIUM MAP FOR 1209-121 1 BAYSWATER Public Works memo of June 14 recommends to concur with Planning Commission and approve. Councilman Pagliaro said he would like to look at complete project including plans and reports; everything about the project seemed to be minimal, a very "basic" project with no aesthetic qualities; plans show wide open garage area under the entire building and it makes him nervous about stability in an earthquake. He showed some slides he had taken in Los Angeles after the earthquake where a very similar new residential building with two stories over parking in which the supporting slab failed and collapsed into the at-grade parking. The project was called up for review, Mayor O'Mahony set hearing for the meeting of July 5, 1994. e f f. 17 4 Councilwoman Knight distributed a criminal justice council newsletter; she also attended a Peninsula Partnership for Children, Youth and Families meeting. Councilman Harrison attended a Convention Bureau meeting and will attend the Expo Center meeting. Councilman Pagliaro said CCAG approved its budget, discussed Kopp's bill SB 245,they also went into Closed Session and he would like to report on that matter to council in closed session tonight. Council unanimously agreed to holding a closed session at end of the meeting. Councilman Spinelli told about emergency services committee and purchase of the hazmat van. Mayor O'Mahony told council she had distributed in their mailboxes her notes from the legislative committee meeting; discussed state budget and proposed loss of vehicle fees; CCAG meeting; Chamber of Commerce sponsored panel on BART. Councilman Harrison congratulated the Mayor on representing council on that panel. OLD BUSINESS Councilman Pagliaro asked about the city's emergency procedures; he would like to see council included in the disaster organization; after council discussion, he asked City Attorney to review and report back. Councilman Pagliaro noted there had been no response from BART regarding city's request for documents; would like it listed on next agenda to possibly take legal action. Councilwoman Knight would like to see representatives from other transportation at our special meeting on June 29; Councilman Spinelli said he would like to show some slides he has developed at that meeting; Glenn Mendelson spoke from the audience and said he heard that Caltrain representatives would be there. Public Works Director responded to council regarding Mendelson's inquiry about the water line connection to Crystal Springs Lake; the matter will be coming back to council shortly. NEW BUSINESS Mayor O'Mahony set appeal hearings for 1501 El Camino Real, and 1420 Burlingame Avenue for the July 5,1994 meeting; set an appeal hearing for t42l California Drive for July 18, 1994. Commission Minutes: Beautification, June 2; Planning, June 13; Civil Service, May 10; Traffic, Safety and Parking, June 9, 1994. Department Reports: Building, May 1994; Police, May 1994; Treasurer, May 1994. Irtter from R.R. Miller regarding water billing procedures. Irtter from Bob Burrows regarding ownership of restaurant permits. ktter from Pacific Cable TV regarding changes in cable rates. ktter from Jeffrey Carter regarding BART. a b. c. d. e. f. 175 CLOSED SESSION At 10:37 p.m. council adjoumed to a closed session regarding CCAG litigation. No action was taken. Mayor O'Mahony noted with sadness the passing of former councilwoman Dorothy cusick's mother, Dorothy Fitch Marshall. After a moment of silence in her memory, the meeting was regularly adjourned at 10:54 p.m. Judith A. Malfatti City Clerk