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HomeMy WebLinkAboutMin - CC - 1994.12.05249 ROLL BURLINGAME, CALItr'ORNIA December 5, 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 at 7:30 p.m. by Mayor Knight. PLEDGE OF ALLEG CE TO THE FLAG Ird by Boy Scout Troop 156. CALL COI]NCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 21, 1994 were unanimously approved after changes on page 2 to show Councilwoman O'Mahony noted she had commented she would not be able to vote on the antenna ordinance until she had seen the San Carlos example; on page 3 to show Councilman Spinelli did not approve of puning a donor's name on plaque; and on page 5 to note Mayor Knight heard the Fire Chief explain that some cities are attempting to reduce personnel by using a "quint" but we purchased it for its maneuverability. Mayor Knight introduced the leaders of Boy Scout Troop 156 which meets at First Presbyterian Church, she noted there are 47 members and all appeared to be present tonight' PUBLIC G - FOURTH READING OF INANCE 1513 REGULA G ANTENNAS City Attorney reviewed his memo of November 29 which recommended council hold a public hearing and take action. At the last discussion of the proposed antenna ordinance amendment council asked for several changes to the ordinance and also asked for copies of the San Carlos ordinance that Alexander Bogdis referred to in his corrments. After the meeting Bogdis mentioned several other city ordinances. Attached to the staff report were copies of ordinances from Belmont, Menlo Park, Atherton, Millbrae and San Carlos. Also attached was a letter from Bogdis dated November 28 with an attached letter from huritz Helland arguing that Johnson v Pleasanton does not support the position that our ordinance could be defended in court; the City Attorney did not agree and recommended adoption of the proposed ordinance. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Pagliaro said we have had at least three hearings on this ordinance, he approved of it and moved for adoption of ORDINANCE 1513. Seconded by Councilwoman O'Mahony. Councilman Harrison said he did not favor this ordinance because he did not think we should be involved in regulating antennas. Others commented on the public safety, property rights and aesthetics issues, said they favored the ordinance and felt it was enforceable. Councilman Harrison said he would abstain from vote. The motion carried 4-0-1 on roll call vote, Harrison abstaining. 250 PUBLIC COMMENTS - None. AMUSEMENT PERMIT REVIEW - MR. K'S CABARET. 1819 EL CAMINO REAL City Attorney reviewed his memo of November 29 which recommended council extend the permit for 90 days. On October 17 council approved a trial period for this amusement permit subject to their instituting security measures and taking other steps concerning the operation of the business. The police have made ten security checks since that meeting and, except for the first two checks where some of the conditions had not been implemented, they have been in compliance. There was only one call for service during that period. Douglas VanVlear, attorney representing the business, was present and presented certificates for the ABC program for bartenders; he said they appreciate the opportunity to continue their business. Mayor Knight was pleased with the turn-around. Councilman Harrison moved to approve the recommendation to continue the permit for 90 days with conditions. Seconded by Councilman Spinelli and carried unanimously. PUBLIC NOTICE OF COMMERCIAL TENANTS Council discussed with staff at length; frequency of update of business licenses; don't see need to change the process; we haven't had many problems, think it adequate to add to mailed notice to property owner that he must notify tenants; we already post commercial and multi-family sites. Councilman Pagliaro moved to add to our notice form that the property owner should notify all tenants and continue our cuffent posting procedures. Seconded by Councilman Harrison and carried unanimously. PARK AND RECREATION COMMISSION AND EX-OFFICIO TEEN MEMBERS Recreation Director reviewed his memo of November 28 which recommended council endorse the concept of two ex-officio or advisory teen members to the commission. If council approves, the commission and staff will return to council in January with a proposed implementation program. Mayor Knight thought the teen applicants should be encouraged to attend a commission meeting, they should be interviewed by the director and possibly by their school principal. Councilman Spinelli moved to endorse the concept as recommended. Seconded by Councilman Pagliaro and carried unanimously. City Planner reviewed her memo of November 23 which recommended council review and discuss the options. In October council directed staff to look into what would be needed in order to notice tenants within the required notice area and to report back in December. In staffs investigation, two problems emerged, (1) finding a reliable current list of tenants in commercial zones, and (2) evaluating additional staff time and cost involved to notice tenants. Possible sources for current lists of tenants are the property owners, business licenses or water bills, county unsecured tax rolls and the telephone reverse directory; each of these sources has its strengths and weaknesses. Presently the planning department notifies by mail all property owners using current tax rolls. While it may be possible to notice tenants, the accuracy of such notice and the ensuing problems caused by inaccurate notice could be a problem. The most reliable and least expensive way appears to be to post notices on the premise and in the vicinity. If mailed notices to tenants is desired, costs should be passed on to applicants and could raise fees to about $t50 for each application. 251 CONTRIBUTION TO THE WINTER SHELTER PROGRAM City Manager reviewed his memo of November 28 which asked council if it wants to contribute to this program. l,ast year we contributed $5,000 and our 1994-95 budget includes the same amount. Councilwoman O'Mahony thought we should do so as soon as possible. Councilman Pagliaro agreed, this council has historically supported the program. Councilman Harrison moved to contribute $5,000 to the Winter Shelter Program. Seconded by Councilman Spinelli and carried unanimously. Mayor Knight asked if there were any changes. Councilman Harrison moved to approve the assignments the same as last year. Seconded by Councilwoman O'Mahony. Councilman Spinelli expressed an interest in being the alternate to the Chamber. Mayor Knight wondered if the public or other council members ever attended C/CAG. Councilman Pagliaro said it was not prohibited. There were no changes and the list was approved as last year. CANCELLATION OF DEC 19- 1994 MEETING City Manager's memo of November 29 recommended council cancel the December 19 meeting. Council concurred. CONSENT CALENDAR Regarding "d" Councilman Spinelli wondered if the Historical Society would be interested in the obsolete records. Regarding "i" he asked if the alleys were city property and what would happen to the improvements if the BID dissolved. a RESOLUTION 91-94 ACCEPTING COMPLETION OF CHULA VISTA PARKING LOT. PHASE2(LOTY).CP9205 Public Works memo of November 29 recommended council accept this job as completed by Satterfield & Company in the amount of $89,563.75. b. RESOLUTION 92.94 AUTHORIZING AGREEMENT FOR LANDSCAPE DESIGN SERVICE OF LAND FRONTAGE - CP 9II7 Public Works memo of November 29 recommended council approve an agreement with Callander Associates in the amount of $86,892 for landscaping design and preparation of plans and specifications to repair the existing landscaped ares adjacent to the Doubletree Hotel and Anza Boulevard after the landfill regrading and gas system installation, and a replacement bike path along the landfill and interim landscaping and irrigation along Airport Boulevard until final closure. RESOLUTION 93-94 REVISING CITY CONTRIBUTION FOR HEALTH INSURANCE FOR RETIRED MEMBERS OF LICE OFFICERS ASSOCIATION Administrative AssistanUPersonnel' s memo of November 23 recommended council approve this resolution increasing contributions for health costs. c COUNCIL COMMITTEE ASSIGNMENTS 252 d e LETE RECORDS Public Works memo of November 28 recommended council approve discarding obsolete engineering records as listed in attachment to the resolution. RESOLUTION 95-94 AUTHORIZING AGREEMENT WITH FIRST INTERSTATE BANK FOR DEFERRED COMPENSATION SERVICES Finance Director's memo of November 29 recommended council approve an agreement with First Interstate Bank. The city maintains an agreement with Sacramento Savings Bank which was purchased by First Interstate and the purpose of the agreement is to recognize this change. There are no significant changes in the terms of agreement. TENTATIVE AND AL PARCEL MAP TO SUBDIVIDE TWO PARCELS INTO Public Works memo of November 29 recommended council concur with the Planning Commission and approve the map subject to two conditions listed. ENCROACHMENT PERMIT FOR BRICK FENCE COL S AT 839 LAUREL Public Works memo of November 29 recommended council approve the permit subject to standard conditions. h. ENCROAC PERMIT FOR EXPOS AGGREGATE CON SIDE ALK Public Works memo of November 29 recommended council approve the permit subject to standard conditions and additional condition that a wheelchair ramp be installed at the corner of Los Montes and Cananea and that building permits be acquired. ENCROA ENT PERMIT FOR FENCES GATES AND LANDSCAPING IN BROAD- WAY ALLEYS B 1223 AND 1233 BROADWAY. AND ETWEEN 1327 AND 1355 BROADWAY Public Works memo of November 29 recommended council approve this permit subject to standard conditions and four additional conditions. The Broadway BID is requesting to install these improvements to enhance the appearance of the district. DENIAL OF S: (1) VINCENT PIANA: (2)UGLAS ADAMS City Attomey's memos of November 21 and November 29 recommended denial of these claims for repair of a water line and auto damage from a tree branch. RESOLUTION 96-94 A,I]THORIZING AGREEMENT FOR PROFES SIONAL SERVICES . J k BY POW Public Works memo of November 30 recommended council approve an agreement with Richard Trainer Engineers in the amount of $9,555 for design and construction documents THREE PARCELS AT 1500-1650 BAYSHORE HIGHWAY AND TWO BRICK COLUMNS AT 1516 LOS MONTES f. l. 253 Councilwoman O'Mahony moved approval of the Consent Calendar. Seconded by Councilman Harrison and carried unanimously. COUNCIL COMMITTEE REPORTS CITIZEN COMMENT Mr. Napoli, 1516 Los Montes, and his neighbor, spoke regarding item "h" on the Consent Calendar. They did not understand the city requirement that a handicap ramp be installed in the sidewalk that he is paying for since there are no sidewalks in the area anyway. Council explained that federal law requires any new sidewalk corner in the city have disabled accessible ramps. Continued Council Committee Reports: Mayor Knight said she had the pleasure of presenting a key to the city to the visitors from China and received a videotape of their city from them. She attended the city's tree lighting ceremony, a Peninsula Joint Powers Board meeting, the legislative breakfast, and a Lions Club meeting at which Jim Wheeler spoke on BART and trains. She asked if the Chamber could arrange to have the Santa Train stop in Burlingame. Councilman Harrison said he had been disappointed in the presentation by Wheeler; he told about the Grand Jury report and recommendations regarding (1) SamTrans plan to finance the additional $300 million bond and (2) the 1995 Grand Jury initiate an in-depth analysis of the transportation agencies, with the purpose of reducing costs and enhancing service. OLD BUSINESS Councilman Pagliaro spoke about voting at C/CAG as instructed by council; Councilman Spinelli said the graffiti is still visible on planter box at the Avenue Arcade on Burlingame Avenue; Councilwoman O'Mahony left with the city manager some questions and salient facts relative to BART which were contributed by the board members of C/CAG. NEW BUSINESS Mayor Knight said Mayor Janet Fogarty of Millbrae left a message on her answering machine at home about a program on KCSM this Friday regarding Millbrae and Burlingame opinions on the BART alternative 6. Councilwoman O'Mahony said she understood the program to be about pros and cons of BART on the Peninsula. It was agreed Councilman Spinelli would represent the city at this program. ACKNOWLEDGEMENTS Commission Minutes: Traffic, Safety and Parking, November l0; Park and Recreation, November 17; Senior, November 17; Planning, November 28, 1994. Councilman Pagliaro mentioned a letter received from the State regarding buildings with steel moment framing. Director of Public Works said the city would be enforcing these new require- ments as part of the building code but staff would prepare a formal amendment for council action. a Councilman Harrison reported on a visit by representatives of the City of Weihei, China. He took them on a tour of city hall, the fire station and police station. 254 A woman from the audience asked about the procedure for the teen appoinfnents to the Park and Recreation Commission and the Mayor responded, explaining the action previously taken. Mayor Knight mentioned she spoke to the Police Chief about the City of San Francisco's police getting semi-automatic weapons. She learned our police already have similar weapons and they have "zero tolerance" of illegal use of guns in the city. ADJOURNMENT IN MEMORY OF RUDONA BLEICHNER Mayor Knight noted with sadness the death of Rudona Bleichner, wife of Palmer and mother of five children from McKinley, BIS and BHS schools. After a moment of silence, the meeting was adjourned in her memory at 8:50 p.m. Judith A. Malfatti City Clerk