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HomeMy WebLinkAboutMin - CC - 1994.09.19211 BURLINGAME, CALIFORNIA September L9, L9,4 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 older at 7:30 p.m. by Mayor o'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG kd by County Supervisor Ted l-empert. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of September 6, 1994 were unanimously approved after adding the following phrase on page two at the "airport people mover to hotels" discussion. "Councilman Harrison commented that he received several calls regarding this newspaper article stating it was premature, presumptive and naive; he further stated that individual council members usually have the acquiescince of two other council members beforc proceeding on their own; noting that we are still a five member council. " Molly Murphy told council that a new BART Community Service Center would open tomorrow at Tanforan Pirk Shopping Center; the site was chosen because of its central location to the proposed BART conidor; she reviewed hours of operation and encouraged everyone to visit the site. PRESENT TION ON SAMCED Norman Book, Chairman of SAMCEDA, introduced other representatives, Supervisor Ted kmpert, Chamber President Larry Lyons and SAMCEDA Director Denise DeVille. This plan was developed to address conceflN over competition with other states, regions and surrounding counties for our industries; a committee has come up with a plan of action; SAMCEDA has committed $50,000 to implement the plan and the Board of Supervisors has approved $50,000 providing cities commit $50,000, the cities of San Mateo, Redwood City and Daly City have agreed to join in funding. They are asking for contribution of from $5,000 to $15,000 from each city. Lempert said this should be a joint effort of cities, county and businesses to keep the jobs here and bring in new jobs. Lyons said the Chamber supports the plan; noted our city has the largest vacancy factor in county for offices and warehouses; acknowledged the efforts of the council in keeping Merrill Packaging in town. Deville said the minimum contribution would be $5,000; she told about SAMCEDA's recent success in keeping a San Carlos manufacturing company here, and the transportation relief and funding for improving Marsh Road; the more SAMCEDA talks to groups and councils the more people become aware that this type of help is available. Councilman Harrison saw a need for this effort after serving as Chamber representative and on the office council A'COUNTY ECON OMIC DEVELO PLAN' 21? for the past four years. Mayor O'Mahony noted our city donates to the Chamber and Convention Bureau. Council agreed to put on the next regular agenda for action. C TELEPHO City Planner reviewed her memo of September 9 which recommended council hold a public hearing and take action. Smart SMR of California is requesting to build and operate an unmanned telecommunications facility on a city owned half acre site which presently houses a water storage tank at 1321 Skyview. The proposed antenna would be one of 80 in a network providing continuous communication service along Highway 280 and throughout the Bay Area. The applicant proposes to build in two phases, first to install a 69 foot antenna composed of a 55 foot wooden pole with three 14 foot omni-whip antenna attached to a triangular frame at the top. The first phase also includes the installation of a 10 by 20 foot equipment shelter to house electronic and telephone equipment. An air conditioning unit would be placed on the outside of the structure and baffled to attenuate sound transmission. Phase two is a modification of the antenna. The three whip antenna would be removed and replaced with 12 directional panel antennas mounted on the triangular frame which supported the whip antenna. Each of the 12 panel antenna is 4 feet high, 1 foot wide and 5 inches deep. All antenna would be non-reflective and painted sky blue to blend into the surroundings. The site is screened by 75 feet tall trees on the east side. The antenna would be oriented west toward Highway 280. The Planning Commission denied this request 7-0 at its July 25 meeting, noting it was not compatible with the residential area and there were health and other concerns relating to exposure to microwaves. Several letters were received after preparation of the staff report, one from Paul Grech with signatures of nearly all residents in opposition to the project, one from Dr. Pang in opposition and Nextel/Smart submitted a letter from the San Francisco Water Department stating locating this type project on watershed lands would not be acceptable. Councilwoman Knight asked about city uses on the site and what appeared to be an antenna; staff explained there is a waming siren located on a pole at the site, did not believe there was presently any antenna there. Speaking in opposition: Dr. Pang, 1341 Skyview, an engineer with British credentials working for Varian, he related dangers of cancers, cataracts, reproductive disorders and behavioral changes reported with microwave radiation; he urged council to reject. Mrs. Pang said they were recently married and hope to raise family, related dangers to fetus, deformities. Paul Grech, 1315 Skyview, strongly opposed, these homes are the residents' greatest investment and the antenna would be detrimental to property values; clearly not compatible with residential uses; reported on other cities where homeowners have fought this type installation; potential health risks, can't define degree of risk but people perceive a risk; if safety issue can't be proven the public opinion must be taken seriously. Linda Small, 1319 Skyview, has just been diagnosed with multiple sclerosis (MS) and faces an uncertain future, doctors tell her to avoid stress and this issue is creating a stressful situation for her. Lou Marin, 1344 Skyview, objected to putting this project in residential area just ANTENNA AT I32I SKYVIEW DRIVE - DENIED Mayor O'Mahony opened the public hearing. taura Albright, representing the applicants, Smart, said they will have facilities in Millbrae, Walnut Creek, Auburn and San Bruno. Responded to council questions about not having a study meeting with Planning which led to some lack of information to the commission; one of their existing antenna in another city is located next to a home's back yard. William Hammett, professional engineer, reviewed his expertise in radio frequency exposures, in his opinion this project met all standards for safety; said it is impossible to prove a negative; discussed with Councilman Spinelli the antenna orientation and harmonics; that if all 8 channels were operating at maximum power of 100 watts there would be 800 watts maximum at times; Hillsborough turned down requests to install this project in that town. 213 to help reduce static on someone's cellular phone as they drive along 280. Norm Torello, 1324 Skyview, across street from site, had recently purchased the site, nice quiet residential area; very upset this project is proposed. John VonPoppel, 1332 Skyview, said both he and his wife are cancer patients and don't want this project near them. Applicants rebutted; there is no evidence that there is a cumulative effect at the low levels of radio waves for this project; this is an area with lots of utilities, water tanks, power poles; hoped council approved. The hearing was closed. Councilman Harrison appreciated all the comments, after hearing from the 22 propefi owners, he found the proposed project was not compatible with residential uses and the health risk potentials are unknown. He moved to uphold the Planning Commission decision to deny. Seconded by Council- woman Knight who stated after reading the volumes of material sent to council she had reached the same conclusion. Council members concurred. The motion carried 5-0 on roll call vote' CONTINUE HEARING FOR 34 A ROAD Councilman Pagliaro absented himself from the dais for a moment. In his absence Counciknan Harrison moved to continue the hearing for 34 Anita to October 17 as requested by the appellant' Seconded and carried 4-0. Councilman Pagliaro retumed to his seat. PUBLIC COMMENTS Mayor O'Mahony called forward Bill Key and Marilyn Short, cochairs of the Train Station Centennial and she noted they were the newly designated Lions Club Citizens of the Year for 1994. Bill and Marilyn thanked all the council and staff for their assistance in the very successful event on Saturday, September 17, and presented council and staff with commemorative booklets on the Centennial. They received congratulations and a round of applause from all those present. Louisa Kao, owner of 1110 Burlingame Avenue, related her problems with youths loitering in front of her building, harassing patrons, and blocking sidewalk and entrance to businesses. Several of her tenants were present and complained of threats, graffiti, urinating in rear halls of building, trespassing onto roof; they feared for themselves and paffons. There was lengthy discussion; they have called the police numerous times but police can't do anything unless they catch them in illegal act; suggested plain clothes officer be assigned. They pleaded for help from council. Police Commander Missel and council discussed with owners and tenants at great length. The pay phone on street has been changed to not accept incoming calls, so youths can't wait for calls from friends. City Engineer suggested in letter that the private planters in front be removed as they provide a "seating circle" with the city planter box and bench. Council suggested police record names of youths and notify parents; work with tenants and owners' AMUS PERMIT REVIEW - BOBBY MCGEE'S AURANT. 150 ZA BLVD. city Attorney reviewed his memo of September 14 with police report attached which recommended council renew the permit for another 90 days. In June council granted a 90 day permit because of the high number of hazardous calls for police service. The management was required to hire two police officers for Friday and Saturday nights. Council asked about the problems in parking lot. Staff noted problems in parking lot may not be related to Bobby McGee's, that some related to people at fishing pier and in adjacent park drinking and causing problems. Councilman Pagliaro wondered why the hotel does not provide security in parking lot. 21 4 Robert Cassalia, representing Bobby McGee's, said his establishment hoped to eliminate the hiring of the two police officers as that is a great expense. He said the hotel has discontinued its free drinks in evening; bar is changing focus to sports bar; it worries patrons when they see police officers there. Commander Missel thought the police officers should be continued for another 90 days, if there is continued improvement at the establishment they could be discontinued at that time. Councilman Spinelli asked about hours of park closing; staff noted this is a BCDC park maintained by the hotels, not a city park; staff will inquire if city park rules could be applied to site. Council- man Harrison moved to approve the Amusement Permit for another 90 days with same conditions. Seconded by Councilman Pagliaro and carried unanimously. Councilwoman Knight asked about getting monthly reports on activity at this establishment. AMUSEMENT PERMIT REVIEWS OF TI) DI Y RILEY'S IRISH PUB. 221 PARK: (2) MR. City Attorney reviewed his memo of September 14 with attached police reports which recommended council review and take action on the three amusement permits. (1) Dicey Riley's Irish Pu'b,221 Park Road, has continued to have a variety of problems; there were several hazardous calls and problems at closing; there have also been complaints from neighboring businesses concerning destruction of landscaping by Dicey Riley's customers. The owner is attempting to take steps to remedy the problems. He recommended review in another 90 days; if the situation does not improve he might recommend revocation at that time. The owner, Fergus McEleny, told of his efforts to curtail problems; bartenders stop serving early to clear the business; problems have been while patrons are waiting for taxis outside; bartenders would be attending ABC classes. Councilman Spinelli moved approval for 90 days. Seconded by Councilman Pagliaro and carried unanimously. (2) Mr. K's Cabaret, 1819 El Camino, is a serious concern; he was recommending revocation of their amusement permit. The business has requested continuance to the next meeting so that their attorney can review the complaint. Council agreed to continue to October 3. (3) Route 66, 261 California, has had no calls for service since June. He recommended they be put on the annual review list. If problems occur, it would be reviewed earlier. Councilman Harrison moved approval to June 1995. Seconded by Councilman Pagliaro and carried unanimously. BART ENVIRONMENTAL IMPACT REPORT GIR) REVIEW City Manager presented his memo of September 14 which reviewed a meeting he and Mayor O'Mahony had with BART to discuss the EIR review process. He noted the document should be released sometime in September; SamTrans is going to ask for a 60 day review, rather than the usual 45 day review period, and BART will probably agree to this request. BART would like the city to host a public workshop. City Plarmer reviewed the EIR process for council. C/CAG has tentatively set mid October for their study meeting date. Council agreed we should hold a study meeting after that date. Mayor O'Mahony said we did not have to set a date now; council can wait until the document is released and until after the C/CAG review. K'S CABARET. 1819 EL CAMINO: AND (3) ROUTE 66. 261 CALIFORNIA 215 TRAFFIC. SAFETY AND PARKING COMMISSION RECOMMENDATION TO ESTABTISH FEES FOR GREEN ZONES Public Works Director reviewed his memo of September 14 which recommended council determine whether to institute fees for green zones; if council agrees, it should direct legislation. Staff did not concur with the commission recommendation. At the September 8 commission meeting, Commis- sioner Amoroso presented his recommendation that there be a charge for installation, maintenance and removal of green zones to businesses that request them since it is a direct benefit to the business. The commission voted 5-2 to recommend this idea to council. Staff felt the number of green zones installed each year is small, and summer crews repaint as needed; this is a service that ian be provided at a low cost and helps with goodwill with businesses. Council agreed with staff; commended the commission for its effort but did not think there is much need for this change. CONSENT C ALENDAR Councilwoman Knight asked removal of "c" regarding an encroachment permit for a brick fence at 1551 Lns Altos. This is a large 11 foot encroachment into city right of way. There are no sidewalks in this area and there are several other homes with walls or fences at the curb. The brick fence was built by a previous owner without permits. She wondered if it were possible to notify people about encroachment permits. AC TAP PHASE I OEMOLITIOM - CP 9205 Public Works memo of September 13 recommended council accept this job as completed by R & B Equipment Rentals of Hayward in the amount of $38,609. RESOLUTI oN 78-94 AW RDING CO CT FOR 1993 SIDEWALK NAN PROGRAM - cP 9320 Public Works memo of September 14 recommended council award this contract to P & F Construction of Oakland for the low bid of $399,410.M. c. Removed Fa d o e w NTS AND PA YROLL Finance Director recommended approval of Warrants 33943 - 34454, duly audited, in the amount of $1,020,263.60 and Payroll Checks 69035 - 69823 for the month of August 1994 in the amount of $1,310,,142.14. Councilman Harrison moved approval of the Consent Calendar excepting item "c. " Seconded by Councilman Pagliaro and carried unanimously. b. FINAL PARCEL MAP FOR 550 EL CAMINO REAL Public Works memo of September 13 recommended council concur with the Planning commission and approve a one year extension to these maps. state law allows only a one year extension of a tentative map. 21 6 REMOVED CONSENT ITEM C. ENCROACHMENT PERMIT FOR CK FENCE AT 1551 LOS ALTOS Public Works memo of September 15 recommended council approve the permit with standard conditions. This fence was constructed without permits at the curb line eleven feet into the right of way. There are two similar fences in the area as well as hedges at the curb and this fence was built by a previous owner. Granting the permit will make consideration of sidewalks more difficult in the future. Councilwoman Knight would like the people to know council's concern. Councilman Pagliaro moved to approve the permit. Seconded by Councilman Spinelli and carried unanimously. Councilman Pagliaro reported on C/CAG meeting where PG&E gave presentation on alternative fuel vehicles; he was proud that our city is one of few with such vehicles; noted street sweepers are good candidates for such a conversion. Councilman Harrison reported on ALUC via alternate David Few; he and others will be meeting with representatives of Semicon regarding bringing it back to our county; he said at a recent Chamber meeting it was noted the property at Doro's is in need of cleaning up; City Plarmer said plans are before the city for some changes at the site. Councilman Harrison reported at the Chamber meeting there was discussion of the BART survey conducted by Chamber; he said if a council member does not agree with a Chamber procedure it should not make threats; council represents all the people and the Chamber had a right to do the survey. Council- woman Knight noted many cities in the county do not support their chambers of commerce to the extent that our city does; wants to make sure we are working as partners; wouldn't have been offended by a survey that gave more information; she wants to be supportive of business; thought it might be good to see what other communities do for their chambers. Councilman Spinelli reported on emergency services meeting, there was not a quorum but they discussed the upcoming emergency exercise; the hazardous materials van needs replacing and he had suggested the State earthquake fund be used; their staff had looked into that and such funding can be used so they are sending a ballot to all members to vote on the matter. City Attorney questioned the manner of voting and would discuss with county counsel. Councilman Spinelli also reported on Airport Roundtable. NEW BUSINESS Mayor O'Mahony acknowledged a report from the City Manager regarding the Peninsula Corridor Joint Powers Board's request for an expression of interest in purchasing some railway right-of-way near Broadway. Such property would be necessary for any grade separation project. Councilman Pagliaro asked about whether the city or BART would prevail in need for property use; staff noted it was the "higher and greater public need" which would prevail. City Manager said council could add this item to the agenda of the September 21 study meeting if there was 4/5 vote to do so. Council unanimously agreed to add the Peninsula Corridor Joint Powers Board Property Purchase Options to the agenda for Wednesday night. Councilman Harrison asked about the Library Board minutes mentioning a press release. City Manager explained the board was hoping a citizen would might donate a building for library relocation during reconstruction. Councilman Harrison said any press release should come to council for review first. COUNCIL COMMITTEE REPORTS 217 Mayor O'Mahony thanked the Fire Department for its excellent response to a major fire at an office building on Burlway Road last week. ACKNO EMENTS Commission Minutes: Broadway BID, August 9; Civil Service, August 9; Traffic, Safety and Parking, September 8; Planning, September 12, 1994. Departrnent Reports: Building, August 1994; Police, August 1994; Treasurer, August 31, 1994. Letter from L,orenz and lnuisa Zee Kao regarding loitering on Burlingame Avenue (dis- cussed under Public Comments). ktter of resignation from Senior Commissioner Myron Moskowitz. Council accepted the resignation with regret. lrtter from R.R. Miller regarding water bills. Proclamation: Constitution Week, September 78-24 Letter from Dan and sue Ping regarding tree and hedge height on a neighboring property; memo from City Attorney. CLOSED SESSION Mayor O'Mahony adjourned at 11:10 p.m. to a Closed Session where the City Manager reported on I-abor Negotiations with Police and Fire Administrators. ADJO NMENT The meeting was regularly adjourned at 11:25 p.m. Judith A. Malfa City Clerk a b c d e. f. L L