Loading...
HomeMy WebLinkAboutMin - CC - 1995.02.06272 The minutes of the Regular Meeting of January 18, 1995 were unanimously approved after an addition on page 2 to show Councilwoman O'Mahony asked about the sump pump and flow of drainage. The minutes of the Sody Meeting of January 21, 1995 were unanimously approved. CEREMONIAL MATTER PUBLIC HEARING - SECOND READING - ORDINANCE 1517 AMENDING SMOKING REGULATIONS (SMOKE-WORKPLACE ACT) City Attorney reviewed his memo of January 19 which recommended council hold a public hearing and take action. Council and staff recently received information on the recent state anti-smoking legislation, known as the Smoke-Free Workplace Act. He suggested that for consistency we make some changes in our code to place the stricter state requirements for hotels and meeting rooms into our code, and to clearly state some exemptions. He said he is preparing a handout to summarize the changes for the Chamber of Commerce to distribute to interested parties. Mayor wondered how hotels and clubs would be notified of changes; she asked about smoking in city trucks. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Pagliaro moved adoption of ORDINANCE 1517. O'Mahony and carried unanimously. Seconded by Councilwoman William McGowan reviewed a letter he had presented on behalf of the Beautification Commission regarding the "unique" paint scheme of purple, red and green on the new Cafe Marimba at 1100 BI,]RLINGAME, CALIFORNIA February 6, L995 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 ALLEGIANCE TO THE FLAG l,ed by City Librarian Al Escoffier. ROLL CALL COUNCIL PRESENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI COUNCILABSENT: NONE MINUTES The Mayor presented commendations to Ray Vanover, Water Supervisor, and Frank Donnelly, Jr., Water I-eadworker, for successfully passing certification examinations in Water Treatment and Distribution administered by the American Water Works Association (AWWA). PUBLIC COMMENTS 273 Burlingame Avenue. Members of the commission had received many calls, both in favor and opposed, to the colors; their concern was the colors were not in keeping with the ambience of the historic area; others noted the colors offset the "orange" train station. The Mayor noted council would be discussing this issue further under old business and that council had received other letters and calls regarding the colors. LIBRARY RECONSTRUCTION PROJECT SCHEDULE City Manager reviewed the Librarian's memo of January 3l which recommended council review the three alternatives and select Project Schedule 3 as recommended by our architect, Group 4. Three potential schedules were developed by the project architects which address the objectives of: moving the library so it has the least impact on users; moving at the least busy time of the year to minimize the inconvenience of a 2-3 week closure; planning efficient moves to temporary quarters and storage sites, and keeping the major focus of the project on the new library building. The third schedule altemative, "dry season construction, sunmer move" is the best for library service and functionality. It has several advantages since both move out and move in are completed during the slow summer season, it gives the contractor sufficient time for site preparation and mobilization, and has the lowest risks of construction delay from weather. The disadvantage is the public would use the temporary library for a longer period. Wayne Gerke of Group 4 and Librarian Escoffier were present to respond to council questions. The surface parking area of Parking l,ot A but not the structure would be used by the contractor. There would be one main contractot. Mayor Knight asked about how public would be notified of the opening of the temporary library. Librarian responded flyers and newsletters would inform public as well as signs on the library site. Council- woman O'Mahony noted there was only four months time difference in the three alternatives and she could support Altemative 3 as the best for community, the safest, and the timing could save the city money given the concerns about ground water; she complimented staff on the report. Councilman Harrison agreed, he moved approval of Alternative 3. Seconded by Councilwoman O'Mahony and carried unanimously. City Manager recommended council delay action on the second part of this agenda item, authorizing an agreement for the temporary library facility, until next meeting. APPEAL OF D ENIAL OF A TAXI D PERMIT City Attorney reviewed his memo of January 30 which recommended council hold a hearing and take action. Sun Shine has applied for a permit to drive a taxi in our city. Our ordinance provides the Police can deny the request if the person has been convicted of driving under the influence of alcohol. Sun Shine had such a conviction in 1991 and her application was denied. She has appealed to council. She sent a letter stating her reasons why she should have the permit: that at the time of the arrest she had a low level of alcohol and her record since then has been clean. She suggested a probationary period for her permit. City Attorney had received another report from Police after preparation of the staff report; this report showed that the appellant had been arrested for possession of a firearm and switchblade knife in her car, found during a traffic stop in 1994. Councilman Pagliaro reviewed with Police Commander Missel the various arrests also shown on the police report for reckless driving, driving under influence, driving with a suspended license, speeding and possession of a firearm and switchblade knife. Sun Shine, the appellant, was present and stated she had a right to earn a living and succeed; she wondered how many years would these arrests be held against her. 274 PRELIMINARY STAFF COMMENTS ON T TO SAN FRANCISCO AIRPORT - DRAFT ENVIRONMENTAL IMPACT REPORT/SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT STATEMENT OEIR/SDEIS) City Manager reviewed his memo of January 3l with attached memos from the City Planner, Public Works Director and Finance Director, each commenting on various aspects of the DEIR/SDEIS. He recommended council review the staff comments and decide if it wishes to expand or revise them, or seek outside consultant assistance. Once council gives direction, comments can be consolidated into one document. He noted it now appears there will be three public hearing opportunities sponsored by BART. Councilman Spinelli also presented a report on his review of the DEIR/SDEIS; he noted BART has just increased its fares 45 percent and riders in San Mateo County would have to pay a surcharge to ride BART. BART also plans soundwalls and Caltrain would be outside the walls so the walls would amplify BART noise and direct train noise toward residential areas. Councilwoman O'Mahony noted the TSM alternative is best choice, BART would have an extension to Colma and have intermodal co lections with airport with possible future connections to hotels; it would decrease traffic and would not displace minority people like Alternative 6; if built, Samtrans would have to subsidize BART, but where would the money come from; there would be a radical difference in Samtrans service, increased fares and reduced ridership. Councilman Pagliaro said without an extension from south to the airport, traffic would increase; the proposed garage at Millbrae Avenue would be largest garage in county, more than twice the size of the new Colma BART garage; he agreed TSM or Alternate 3 was best; this week C/CAG would hear from its consultant; would like to hear that report before we consider a consultant. Council- man Harrison thanked staff for the excellent reports, and also Councilman Spinelli's report; he said Alternative 6 is the greatest concern to our city; Samtrans could go "belly up," they would increase fares and decrease service; EIR does not deal with that; we should promote the TSM or 101 station. Councilman Spinelli said a large percentage of Millbrae population is minority and those are the people who would be displaced by Alternative 6; Presidential Executive Order says there is no mitigation for displacing minority housing and the social impact; we should hang our hats on that issue; he also asked if traffic studies at Rollins Road/Millbrae Avenue have looked at the number of trucks turning to Rollins. Mayor Knight also supported TSM, we need to show our support for Caltrain; makes sense to look at the regional concept and systems already in place; curious that legislators are supporting the most expensive proposal; we should encourage BART to study an alternative like the CaIBART suggested by BART director Sherman l,ewis; everything hinges on this promised money, but where is the money coming from? Mayor Knight discussed who and how presentation would be made at the February 15 hearing. Council noted oral comments would be limited in time; perhaps more important to submit technical comments in writing, consolidate the staff reports into a written document. We shouldn't need a consultant; let's see what consultant does for C/CAG. At BART hearing, should address consensus on TSM first and LPA second, and problems with Altemative 6. After the March 4 BART hearing we can have a public meeting, don't want an emotional hearing like we had last June. City Planner said this DEIFJSDEIS hearing is unique, asking for testimony on the preferred alternative. We can make oral comments and also written comments. City Manager summarized that council wanted to set a city public comment period on what the city's position should be in early March, focus on Councilman Pagliaro said everyone has a right to one mistake but when looking at the recent problems she has had with the law, he did not think she was qualified to drive a taxi in our city. He moved to uphold the Police Departrnent denial. Seconded by Councilwoman O'Mahony and carried unanimously. 275 TSM alternative, develop concise statement supporting that alternative for public comments at BART hearing, and compile staff and council technical comments into a written document for submittal to BART before March 13, 1995. COMMISSION TERM EXPIRATIONS City Manager reviewed his memo of January 19 which recommended council set a deadline of March 15 for applications to three Senior Commission positions and one Planning Commission position. Council concurred. CONSENT CALENDAR INTRODUCTION OF ORDINANCE 1518 REVISING TRANSPORTATION SYSTEM MANAGEMENT (TSM) ORDINANCE City Manager's memo of January 31 recommended council introduce and adopt an ordinance revising our TSM program to delegate certain regulations to the Bay Area Air Quality Management District (BAAQMD) and to exempt certain worksites from local trip-reduction requirements. b. RESOLUTION 9-95 ADOPTINGPERS DEFERRED COMPENSATION PROGRAM Finance Director's memo of January 26 recommended council approve (l) an agreement with the Public Employee Retirement System for employee deferred compensation plan, and (2) to limit the number of deferred compensation plans to three. RESOLUTION IO-95 AUTHORIZNG AGREEMENT FOR CONSTRUCTION MANAGE- MENT SERVICES - LIBRARY RECONSTRUCTION - CP 9305 Public Works' memo of January 30 recommended council approve an agreement with Richard Sampson Associates in the amount of $97,348 for construction management services in conjunction with the Library Reconstruction. d. POSITION TITLE CHANGE: DEPUTY FIRE MARSHAL TO FIRE MARSHAL City Maruger's memo of January 17 recommended council approve a change of position title from deputy fire marshal to fire marshal as requested by the fire chief and recommended by the civil service commission. DENIAL OF CLAIM OF BARRI ELECTRIC City Attorney's memo of January 24 recommended council deny the cross-complaint claim regarding the woman struck and killed by a bus on February 27, 1994. a c f. Removed from agenda - Map for 1755 California. Councilwoman O'Mahony asked for a revised title for exhibit "a" of the Library Construction Management Services contract. Staff noted item (0, maps for 1755 Califomia, should be removed since the project has been appealed. Councilman Harrison reported on the Convention Bureau's annual luncheon; he also told about the school liaison committee meeting. Councilman Pagliaro told of an executive committee C/CAG meeting and a presentation concluding there would be no new commercial airports in the Bay Area's future. Councilman Spinelli reported on the Airport Roundtable, noting noise complaints are greatly reduced, Burlingame has less than one percent of complaint calls because of the change in the mix of lower noise aircraft. Councilwoman O'Mahony mentioned a letter the Mayor had written recently to Mrs. Ference in response to a letter about the Peninsula Conflict Resolution Center Mrs. Ference had written when Councilwoman O'Mahony was Mayor last July. In July she had spoken to Mrs. Ference over the phone in response to the lefier. She thought it poor taste for Mayor Knight to respond to the letter without speaking to her. Mayor Knight said Ference was a member of her church, the letter was never discussed by council members. With council permission she had visited the Conflict Resolution Center and talked to other cities about the center. She favors the center and wrote to Mrs. Ference to tell her so. She was sorry Councilwoman O'Mahony did not share with council her earlier conversation with Ference. Councilwoman O'Mahony said it would have been courteous for Mayor Knight to have asked. Mayor Knight said she had attended about 18 meetings since the last meeting. She asked if council had any objection to auctioning off a "day as Mayor" for the Burlingame Community for Blucation (BCE) fundraiser. OLD BUSINESS Council discussed the exterior paint on the new Cafe Marimba. All council members had received calls, letters and comments regarding the paint. Mayor Knight and Councilman Harrison, along with Carolyn Root of the Beautification Commission, had met with the owners who were anxious to finish painting before their opening date. They agreed if there were numerous complaints about the exterior paint they would change it. Council members noted the city does not have authority to require them to change the paint; there was concern that other businesses might paint their buildings in a similar manner. Staff noted council could establish a design review criteria, but they would not be retroactive on this particular building. Mayor Knight asked if someone had responded to Dr. Ellison's letter regarding a building inspection complaint; staff will respond. NEW BUSINESS Mayor Knight set appeal hearings on the February 2l meeting for (1) Planning Commission denial of a parking variance at 346 l-orton, (2) Beautification Commission requirement for tree replacement at 1721 Sequoia, and (3) Planning Commission approval of a condominium project at 175511733 California. She set March 6 meeting for review of the Traffic-Safety-Parking Commission decision on stop signs at Ray/Quesada. ACKNOWLEDGEMENTS Commission Minutes: Library Board, December 20, 1994; Senior, January 19, 1995; Plaruring, January 23; Park and Recreation, January 19; Broadway BID, January 10; Traffic, Safety and Parking, January 12, 1995. a 276 Councilman Pagliaro moved approval of the Consent Calendar. Seconded by Councilman Harrison and carried unanimously. COUNCIL COMMITTEE REPORTS 277 c b. Department Reports: Fire Department year-end reports 1994. I:tter from Glenn Mendelson, Homeowner Association, urging an independent consultant to review the BART EIR. ktter from Civil Service Commissioner Douglas Schwartz requesting council reconsider the decision for an open bar at commissioner dinner. f l-etter from Skyline Homeowner's Association requesting a change in city code to forbid installation of commercial antenna in R-l districts; memo from City Attorney who had met with group. g. ktter from Women's Recovery Center with request to make a presentation to council. ADJOURNMENT IN MEMORY OF SOPHIA KRELING Mayor Knight noted with sadness the death of Sophia Kreling, a former Traffic Commission member. After a moment of silence, the meeting was adjourned in her memory at 9:21 p.m' Judith A. Malfatti City Clerk d e ktter from Jack Robertson requesting council adopt a resolution in support of teaching Parent Education in high schools.