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HomeMy WebLinkAboutMin - CC - 1994.11.21243 BI,]RLINGAME, CALIFORNIA November 21, 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 at 7:30 p.m. by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Ird by Katie O'Brien from the audience. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 7 , L994 werc unanimously approved after changes on page 5 to show Councilman Spinelli commented on graffiti; and Councilman Spinelli said Friedman lived in San Francisco; on page 7 Councilwoman Knight indicated she voted against any change in the Landscaping Award. TTER -FMA Mayor O'Mahony stated this is the time for the annual change in Mayor and Vice Mayor. She reviewed the many highlights of her year as Mayor. She thanked the City Manager and departrnent heads and noted throughout the year council received letters from residents complimenting city workers for various projects and she thanked those dedicated employees. She then nominated Vice Mayor Knight as new Mayor. Marti Knight was unanimously selected as Mayor' Mayor Knight thanked council and staff. She introduced her husband, daughter and son, and her sister and friends in the audience; she said she hoped this would be a year for strengthening our ties with youth and mentioned a concept of appointing a high school student to the Park and Recreation Commission, and a "breaKast with the mayor" like some other cities do; she reviewed some upcoming projects for the city including our library reconstruction and our continuing opposition to BART; she said being the mayor was a privilege and a responsibility. She then presented a plaque to forrner Mayor O'Mahony in honor of the past year. Councilman Harrison nominated Councilman Pagliaro as new Vice Mayor. He was unanimously appointed Vice Mayor. Vice Mayor Pagliaro paraphrased a banner on the Methodist Church which states "it takes a whole community to raise a child" by saying it takes a whole community to make city government work; he hoped everyone in this community would respect people with different opinions and work together; he noted council works well together. Mayor Knight recessed for a celebration in the lobby at 7:53 p.m. The meeting reconvened with all council members present at 8: 15 p.m. 244 PUBLIC HEARING - THIRD READING OF ORDINANCE 1513 - REGULATING ANTENNAS. CONTINUED City Attorney reviewed his memo of November 14 which recommended council hold a public hearing and take action. At a recent hearing on this ordinance, council suggested that Councilman Spinelli meet with him to review some exemptions which could be included in the ordinance for small antennas used by various radio applications. After that meeting he revised the ordinance and also added an exemption for very small satellite antennas which are coming on the market. The effect of the latest change is that small antennas are exempt from permits in R-l zones if they are on the roof or in the back yard. He attached a letter from l,auritz Helland setting forth arguments against the ordinance and citing several court cases. Helland did not cite Johnson v Pleasanton, a recent case in our federal district; the court upheld that ordinance which is similar to ours. He felt the proposed ordinance would withstand a legal challenge. Alexander Bogdis presented another letter from Helland which was placed before council tonight. In response to council question, City Planner said there had been no applications for satellite antenna in the R-l zone during past year. Council suggested some changes in wording. Mayor Knight opened the public hearing. Alexander Bogdis, 601 Burlingame Avenue, said this ordinance has become a monotonous exercise, he had spend a lot of time and money on it; he had been willing to work with the city to find a compromise but he got no cooperation; he personally called neighboring cities about antenna ordinances and most had none because "they wouldn't touch it" and San Carlos has an ordinance which is on the "cutting edge. " He believed this was a first amendment issue. In response to Councilman Harrison, he said a satellite dish ante u cost about $1,500, not including installation. The hearing was closed. Councilman Spinelli suggested another change in wording and Councilman Pagliaro noted that if cable television is available the city satisfies the "availability" requirement of the law; he could vote for the ordirunce. Councilman Harrison said he had asked about the cost of a satellite antenna because now smaller, less expensive antenna are available and he wondered why anyone would want a big ugly and expensive antenna. Councilwoman O'Mahony commented she could not vote until she had seen the San Carlos ordinance. Mayor Knight thought the Johnson case was pertinent; she was also concerned about aesthetics; she would like to see the San Carlos ordinance. Councilman Pagliaro moved to bring this back to the next meeting with changes mentioned earlier and to have the City Attorney get copies of the San Carlos ordinance; another public hearing would be held. Seconded by Councilman Spinelli who noted he would like to keep restrictions to the minimum. The motion carried 5-0 on roll call vote. - LIMITING HO AT WOOLEY PARK City Attorney reviewed his memo of October 12 which recommended council hold a public hearing and take action. During discussion of renewal of the Amusement Permit for Bobby McGee's the problems taking place at Wooley Park were noted and council asked about applying city park hours to control the problems. After discussing with Police and hotel management, this ordinance was proposed to limit park hours, but allow people to walk on the bayfront pathway between the hotel and Kincaid's Restaurant. The hotel will pay for sigrx to alert the public. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. 24c Councilman Harrison moved adoption of ORDINANCE 1515. Seconded and carried unanimously by roll call vote. Terry Horn, 405 Primrose, spoke to the letter from Mary Bates listed under acknowledgements on the agenda. Horn is a co-owner of the building; Bates could not be present tonight; he said she is a one person office and he agreed with her that the requirement that she pay for special permit for financial use was prohibitive. RESOLUTION 89-94 ENDORSING THE CREATION OF THE BURLINGAME LIBRARY FOUNDATION City Manager reviewed the letter from Mary Herman, President of the Library Foundation, requesting a resolution endorsing creation of the Foundation. Councilwoman O'Mahony said the city has everything to gain by creation of a foundation, she moved to adopt RESOLUTION 89-94. Councilman Harrison seconded the motion, noting he had served on the Library Board and could see the value of a foundation. The motion carried unanimously by voice vote. LANDSCAPE AWARD City Manager reviewed his memo of November 14 which recommended council give staff direction on reinstating the landscaping award; a citizen wished to donate $1,000 for the award. The Beautification Commission has been discussing this issue since August and at its November 3 meeting voted to reinstate the award as it previously existed, including using a supply of existing plaques with no individual donor name. Councilman Spinelli said we could accept a donation but he did not approve of putting a donor's name on the plaque; he supported the Beautification Commission's action. Councilman Pagliaro agreed, it seems the city has a large supply of plaques already; noted it was very generous of a citizen to donate money. Councilwoman O'Mahony said we should accept the donation, specifying that the donation's interest would be used every year. Councilman Harrison noted the commission has always given the award, he suggested we recognize the citizen at council level. Councilwoman O'Mahony also noted the commission minutes indicate the award might be given at the community picnic, she thought it more appropriate to give the award at a business lunch or dinner, for example the Chamber of Commerce annual dinner. Mayor Knight said she was troubled by not recognizing the work of the Beautification Commission and their history of giving this award; did not want to set a precedent in accepting this money or using a citizens name on plaque; she hoped in the future when giving direction to commissions, council discuss first. Councilman Pagliaro thought the proposal was to continue the I-andscape Award as started by the Beautification Commission. Mayor Knight asked if anyone from the commission or the Park Director would like to comment. David Plyer, Chairman of the Beautification Cornmission, noted four commission members were present; agreed city should accept the donation but award should be made in same manner as previously. Park Director Quadri said the city has accepted donations for trees with provision there be no plaques or recognition but a letter of thanks was sent. PUBLIC COMMENTS Glenn Mendelson, 475 Cumberland, noted he had been videotaping council meetings for one year; he has just been elected to the hospital board and tonight would be the last meeting he would be taping. He hoped that council would pursue telecasting of council meetings during its deliberations with Pacific Cable next year. Council and the audience applauded Mendelson for his efforts. 246 Councilman Spinelli moved to continue the present landscaping award and to acknowledge the donation of $1,000 by council letter. The motion was seconded by Councilman Pagliaro. Councilwoman O'Mahony wondered if the donor could be acknowledged each year the award were given. The motion camied unanimously, Councilwoman O'Mahony voting in the afflrmative with reluctance and disappointment. Mayor Knight said in the future a council member who writes to a commission should copy the other council members and the city manager. ENCROACHMENT PERMIT FOR PLACEMENT OF A DUMPSTER AND FENCING IN PLANTING AREA OF PARKING LOT E IN BACK OF I2I3 BURLINGAME AVENUE City Engineer reviewed his memo of November 15 which recommended council consider this request; staff recommended it be denied. King Yen Restaurant is sharing one dumpster with a neighbor on private property and is now asking that council consider his use of the landscape area adjacent to the alley by Parking Lot E. There is an existing fenced dumpster serving the businesses at 120l-1209 Burlingame Avenue in the same landscape area which was approved by council in 1989 over concerns expressed by staff and a condition for paying rental fees was removed by council at a later meeting. Also adjacent to this proposed area is the city's recycling enclosure. The park department has no objection to the removal of an existing tree about four feet high with a four inch trunk; there is no city landscaping in this lot. Staff was concerned about private business use of city property and that other businesses might be encouraged to expand their available business space by using city land; staff was also concerned about this strip of garbage enclosures next to the city parking lot, and possible spread of debris and odors. Council discussed at length; are there other alternatives; hardship for business; lack of landscaping and sprinklers in lot, could ivy be planted to cover fencing; enclosures would shield the alleyway; concem that what we do for one, would have to do for others. Staff noted need to keep spaces between enclosures for loading; staff was also concerned about the equity of charging rents for this space when we stopped charging rent for the other space. Councilman Harrison moved to approve the encroachment permit with conditions. Seconded and carried unanimously by voice vote. CONSENT CALENDAR a RESOLUTION 90-94 AUTHORIZING APPLICATION FOR FEDERAL GRANT FUNDS City Manager's memo of November 7 recommended council authorize the manager and police chief to apply for a federal grant under the new crime bill for rwo police officers. ENCROACHMENT PERMIT FOR CONCRETE RUBBLE RETAINING WALL AT 2830 TIBURON Public Works memo of November 15 recommended council approve the permit with conditions. CHAMBER OF COMMERCE REOUEST FOR FREE HOLIDAY PARKING City Manager recommended council approve this request for free holiday parking from Thanksgiving through New Years Day; this request is consistent with what council has approved in prior years. b. FOR NEW POLICE OFFICERS c. 247 d DENIAL OF CLAIM OF STEPHEN BROWN City Attorney's memo of November 4 recommended council deny this claim. TENTATIVE AND FINAL PARCEL MAP FOR LOT SPLIT AT 1733 CALIFORNIA Public Works memo of November 3 recommended council approve this map with conditions. f. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 34897 - 35410, duly audited, in the amount of $1,466,339.18 and Payroll Checks 70534 - 71287 for the month of October 1994 in the amount of $1,199,506.29. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously. COUNCIL CO REPORTS Councilwoman O'Mahony reported on C/CAG meeting; she had also attended a Mission Hospice event and presented a certificate of appreciation from Mission Hospice for our city's support. Council members discussed the C/CAG meeting and support for various officers. Mayor Knight said she had attended a criminal justice meeting, council of cities and the Broadway Charette. She noted the kgislative Breakfast is coming in December. OLD BUSINESS Mayor Knight asked about a news article about concerns from another city about fire equipment called a quint which our city has purchased. Fire Chief explained that some cities are attempting to reduce persormel by using this equipment, but we purchased it for its maneuverability. Mayor Knight received a letter from the Burlingame Art Society asking her to attend a luncheon and conrment on Burlingame's involvement in the arts. Commission Minutes: Beautification, November 3; Park and Recreation, October 20; Civil Service, October 11; Broadway BID, November 8; Planning, November 14, 1994. b. Department Reports: Police, October 1994; Treasurer, October 31,1994. Irtter from City of Santa Cruz regarding a class action suit against PG&E; memo from City Attorney. Irtter from Mary Bates regarding the designation of her business as a financial institution; note from City Planner. a d NEW BUSINESS ACKNOWLEDGEMENTS 248 e Council discussed the Bates letter. Councilman Harrison noted council is trying to be less restrictive for businesses. Staff said any exemption for her type business would require a change in city code because at the present time there is no mention of the number of people in an office. Councilman Spinelli thought we might make an exemption for very small businesses. Staff discussed minor modification procedures and special permit procedures, noted applying for these permits is a one time fee, not yearly fees like business licenses and there are a number of other very small financial businesses which are already in this building and other office buildings. Council said this is an "up front" cost of going into business. Council determined to leave the law as it is. ktter from Sandra McNutt regarding raise in water/sewer rates. Mayor asked that staff respond to this letter, City Manager said the Public Works Director has done so. Mayor Knight adjourned at l0:O2 p.m. to a Closed Session where the City Manager reported on labor negotiations with Police and Fire Administrators. APPROVE MOU WITH POLICE AND FIRE ADMINISTRATORS Council reconvened the meeting and announced it had unanimously approved the negotiated labor agreement with the Police and Fire Administrators including a 3 percent wage increase each year for a two year contract period. ADJOIJRNMENT IN MEMORY OF BILL KEY Mayor Knight noted with sadness the death of Bill Key, retired Police Chief of Hillsborough, 1994 Citizen of the Year, co-chairman of the Train Station Centennial, resident and friend of Burlingame. After a moment of silence, the meeting was adjourned in his memory at l0:13 p.m. Judith A. Malfatti City Clerk CLOSED SESSION