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
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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.
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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.
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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.
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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.
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Councilman Pagliaro moved approval of the Consent Calendar. Seconded by Councilman Harrison
and carried unanimously.
COUNCIL COMMITTEE REPORTS
277
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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
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e ktter from Jack Robertson requesting council adopt a resolution in support of teaching
Parent Education in high schools.