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.
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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.
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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