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HomeMy WebLinkAboutMin - CC - 1995.04.03299 BI,JRLINGAME, CALIFORNIA April 3, 1995 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 l.ed by Public Works Director Ralph Kirkup. ROLL CALL COI]NCIL PRESENT: COUNCIL ABSENT: HARRISON, KMGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Regular Meeting of March 20, 1995 were unanimously approved after an addition on page 6 by Councilman Harrison to show he asked the letter be "federal expressed"and a word change on page 3 by Councilwoman O'Mahony. PUBLIC HEARING - SECO ND READING - ORDINANCE 1520 ESTABLISHING ONE.WAY EXIT AND WEIGHT LIMITS FRO LOT 'P'TO LAGUNA AVENUE Public Works Director reviewed the memo of March 14 which recommended council hold a public hearing and adopt the ordinance. The TSP Commission recommended that the 12 foot easement from Parking l,ot P through to l-aguna Avenue be made one way from the lot to l:guna Avenue and that trucks using the easement be restricted to five tons maximum size. The property owner of this easement asked the city to close or restrict access because of hazards of two-way traffic and trucks doing damage to the apartrnent house. PUBLIC COMMENTS Iandis Martila, representing the International Electrical Workers Union and PG&E workers, said PG&E is drastically cutting manpower; the responses during the 1995 storms were poor and it will be worse with more manpower cuts; he asked council to consider supporting a resolution to the Mayor Knight opened the public hearing. Bill Spitz, owner of the apartment house property on which this easement is located, recommended approval of the ordinance. He also noted there is a deep pothole in the easement which needs immediate repair. He was told the easement would be repaved next year but the pothole cannot wait. The hearing was closed. Councilwoman O'Mahony moved approval of ORDINANCE 1520. Seconded by Councilman Spinelli and carried unanimously. Vice Mayor Pagliaro asked about repairing the pothole. The Public Works Director said it would be repaired now, repaving of the entire easement would take place next year. 300 PUC at a future meeting. Council asked him to present material for council's consideration; council would also like information from PG&E. Staff suggested a two week deadline to submit material. NEW AMUSEMENT PERMITI EMPRESS COURT PENTHOUSE RESTAURANT City Attorney reviewed his memo of March 22 which recommended council approve the request for a new amusement pennit for a period until luly 1, 1995. Mike Tsang, the operator of Empress Court at 433 Airport Boulevard, is requesting an amusement permit for three karaoke systems to be operated from 10:00 p.m. to 1:30 a.m. A similar permit was denied in March 1993 based on problems which had occurred at the restaurant related to the use of karaoke. Since that time there have been no serious problems at the location but during that time they have not had karaoke so the cause and effect issue remains open. If council decides to approve this request, he recommended several conditions: (1) admittance during use of karaoke shall be limited to adults 2l years of age or older; (2) karaoke shall be presented only between the hours of 10:00 p.m. to 1:30 a.m.; (3) when karaoke is presented a secwity guard shall be on the premises from 11:30 p.m. to 1:30 a.m. and be on duty in the parking area from l:30 a.m. to 2:00 a.m.; (4) any violations of the law shall be immediately reported to the Police Department and ful1 cooperation shall be given by employees and management of the business; (5) no part of the business shall be subleased without notification to the Police Deparfinent; and (6) the permit shall be reviewed before July 1, 1995. Councilman Harrison asked the applicant if he was agreeable to conditions. Frank Lee said they agreed to all conditions; he noted Mike Tsang was also present. Councilman Harrison moved approval of the permit with conditions. Seconded by Councilwoman O'Mahony and carried unanimously on voice vote. AMI]SEMENT PERMIT MR. K'S CABARET City Attorney reviewed his memo of March 29 which recommended council review and extend the permit until July 1, 1995. Mr. K's Cabaret, 1819 El Camino, has been periodically reviewed by council in order to ensure that security measures have been effective. While there were some incidents in late 1994, there have been no incidents since the end of January. He recommended the permit be renewed for 90 days and reviewed again with the annual reviews in June. The operator of the business was present. Vice Mayor Pagliaro said he had no problem in renewing until July I but at the next review he would be looking very carefully at any problems at this business. Councilwoman O'Mahony moved approval of the permit as recommended. Seconded by Council- man Harrison and carried unanimously by voice vote. Mayor Knight noted she would also be looking at this carefully at the next review, her concem was the close proximity of this business to residential uses and retail businesses that are open in evenings. COMMISSION APPLICANTS Ciry Manager reviewed his memo of March 30 which recommended council appoint interview committees and schedule interviews of applicants; he said all incumbents reapplied and in addition there were 20 applicants total for Senior, Planning, and Park and Recreation Commissions. Mayor Knight noted she was pleased with the large number of applicants; she said because of Brown Act requirements, we cannot have standing interview committees; she said she would like to have applicants interviewed by the full council in public session. Vice Mayor Pagliaro disagreed strongly. Council agreed that incumbents and former council members may not need to be 301 SELECTION O FINANCIAL ADVISOR AND BOND COUNSEL FOR Y RENOVA. TION PRO - RESOLUTION 25-APPROVING FINAN L ADVISOR City Manager reviewed his memo of March 2l which recommended council approve the selection of Rauscher Pierce Refsnes as financial advisor and Orrick, Herrington & Sutcliffe as bond counsel for the library renovation project. The city needs to finance approximately $10 million of the library project from certificates of participation or revenue bonds. The city requested proposals from five firms for both financial advisor and bond counsel services and received four proposals for each. The Finance Director/ Treasurer, City Attorney and City Manager reviewed the proposals and selected firms for interviews and reference checks. After review, they recommended the same two firms the city used in 1991 to issue the certificates of participation for the sewer treatrnent plant. Fees for both firms are the same as in 1991. The recommended proposals call for payment of services to be made from bond proceeds contingent upon issuance of securities. Fees would be $25,000 plus expenses not to exceed $2,000 for the financial advisor and $28,500 plus expenses not to exceed $6,000 for the bond counsel. This represents .62 percent of the estimated par value of a $10 million issue. The financial advisor is to investigate alternative structuring of certificates of participation to include at least an asset transfer program or direct lease. We also plan to review possible formation of a financing authority to issue revenue bonds. He said the whole idea is to issue bonds at the lowest rate possible. He responded to questions from Councilwoman O'Mahony about bond elections and city assets used for security. Councilwoman O'Mahony moved to approve RESOLUTION 25-95 approving the financial advisor and to approve the bond counsel as recommended by the City Manager. Seconded by Councilman Spinelli and carried unanimously by voice vote. PFNITEqT PE DITDSEI\,fENT FO P TP AVFT E]'DFNqEq FOP TPIP Tr) u/A efrlNa:'nn ND (- City Manager reviewed his memo of March 29 which requested reimbursement for travel expenses of $1,484.12 for airfare, hotel, meals and taxi costs for Councilman Spinelli's trip to Washington to testify before Congress regarding BART transportation funding requests. Mayor Knight said she had asked the City Attorney if Councilman Spinelli could vote on this issue and he said yes. Councilman Harrison said at the last meeting council agreed to send a letter and graphics by federal express mail; council did not approve any travel; he was surprised to learn that Councilman Spinelli had been in Washington. Councilwoman O'Mahony agreed council had discussed writing a letter, but after the BART meeting she could see the need to travel to Washington to present our opposition to Altemative VI; she would support reimbursement of Councilman Spinelli's expenses. Vice Mayor Pagliaro was concemed that council did not have an opportunity to make the decision for this travel; it is a great expense, though he was certain Councilman Spinelli did a fine job. Councilman Spinelli said after the BART meeting last Tuesday, it became clear we needed to go to Washington to testify before the Appropriations Committee about cheaper altematives to BART; he and the Mayor discussed with the City Manager the need for 24 hour notice for a special meeting, there was not enough time. Mayor Knight noted the council deeided against hiring a consultant to analyze the BART EIR which could have cost us $6,000 to $13,000; she said resideffs are very supportive of council's opposition to BART and some people have offered donations for travel to Washington; it would be a violation of the Brown Act for her to call council members and ask how they would vote interviewed. Mayor Knight appointed Councilman Harrison and Councilwoman O'Mahony to interview Senior Commission applicants; appointed Councilman Spinelli and Mayor Knight to interview for Planning Commission; and appointed Vice Mayor Pagliaro and Councilman Spinelli to interview for Park and Recreation Commission. City Manager will schedule interviews. 3A2 on a trip. Vice Mayor Pagliaro said it would not be a violation to call and discuss the purpose of the trip. Councilwoman O'Mahony moved to approve reimbursement of the travel expenses for Councilman Spinelli of $1,484.12. Seconded by Vice Mayor Pagliaro and carried unanimously by roll call vote. Councilman Spinelli then reviewed the chronology he had prepared of his trip. City Manager said BART director Sherman Lewis has asked for support in getting information about his CaIBART proposal out to San Mateo and Santa Clara County cities, he is wondering if Burlingame would do the mailing of this information. Mayor Knight said she would consider a letter to other cities to include the resolution council adopted at the last meeting; she told of a hearing she and Councilman Spinelli attended in Oakland. CONSENT CALENDAR Staff requested discussion of "a" regarding changes in the zoning and sign codes. Staff would like to add another section regarding non-conforming uses in the Broadway commercial area to make an exception for buildings destroyed through a catastrophe, thus treating the Broadway area the same as the Burlingame Avenue area. Councilman Harrison moved to add this section to the proposed ordinance for introduction. Seconded by Vice Mayor Pagliaro and carried unanimously. Vice Mayor Pagliaro pointed out some typographical errors for correction. Mayor Knight asked removal of 'J" for a separate vote. Vice Mayor Pagliaro asked if the city charges a fee for the weed removal program, item "d." Director of Public Works said the city only charges for the weed removal costs plus administration. a INTRODUCTI o NOFO RDINANCE 1521 AKIN GCO RRECTIONS CI,ARI FICA- TIONS TO ZONING AND SIGN CODE City Planner's memo of March 24 recommended council introduce this ordinance making corrections and clarifications to the zoning and sign code and set a public hearing for April 17. In March the Planning Commission completed a review of these proposed changes and forwarded the document to city council; the commission noted these clarifications would facilitate administration of the code and simplify project reviews. b INTRODU ON OF ORDINANCE 15 22 AMENDING TAXI IJLATIONS City Attorney's memo of March 21 recommended council introduce this ordinance making changes in our taxi permit ordinance to require the annual safety check be done by a "state licensed" brake and lamp station, to require the driver permit include a picture, and to alter the expiration and renewal provisions to make them more uniform with other business permits and increase the fees. RESOLUTION 26 .95 AUTHORIZING MENT TO C/CAG J POWERS AGREEMENT City Manager's memo of March 21 recommended council authorize this agreement to amend the C/CAG JPA extending it until December l, 1999. Burlingame's share of the 1994-95 C/CAG budget was $29,610. c. 303 d RESOLUTION 27-95 DECLARING WEEDS AND RI.'BBISH A NUISANCE ON PI,JBLIC AND PRIVATE PROPERTY - CP 9504 Public Worlcs memo of March 28 recommended council adopt this resolution setting a public hearing for May 1, 1995 for the Weed and Rubbish Abatement Program. Owners will be notified to abate their weeds and at the public hearing property owners objecting to such proceedings will be heard. e. RESOLUTION 28-95 AWARDING CONTRACT FOR 1995 STREET RESURFACING - Public Works memo of March 28 recommended council award this contract to G. Bortolotto & Company for the low bid in the amount of $501,673.23 for street resurfacing throughout the city. RESOLUTION 29-95 AUTHORIZING AGREEMENT FOR TESTING AND INSPECTION SERVICES FOR STREET REST'RFACING - CP 9418 Public Works memo of March 28 recommended council authorize this service agreement with Testing Engineers in the amount of $19,900 for testing and technical inspection of the street resurfacing program. c RESOLUTION 30.95 DESIGNATING AGENT FOR APPLICATION FOR FEDERAL DISASTER ASSISTANCE - STORM DAMAGE TO MILLBRAE/BT]RLINGAME SEWER OUTFALL Public Works memo of March 28 recommended council approve a resolution authorizing the Director of Public Works or the Finance Director to be the city's agent in the application. Heavy rains in January damaged the sewer outfall, the city's portion of this repair cost is estimated to be $40,000 and FEMA funding will be sought through this application. h. REOUEST FOR FINANCIAL SUPPORT FOR 'SI,JMMER JOBS FOR YOUTH' City Manager's memo of March 21 recommended council approve $1,620 as requested by the Summer Jobs for Youth Program. We have $1,000 budgeted and additional funds should come from contingency reserve. DENIAL OF CLAIM OF ALBERT BIANCHI f I City Attorney's memo of March 21 recommended council deny this claim for injuries from a fall over a PG&E box in the sidewalk. j. Removed Vice Mayor Pagliaro moved approval of the Consent Calendar excepting item 'j. " Seconded by Councilman Harrison and carried unanimously. cP 9418 304 REMOVED CONSENT ITEM j. AppRovAL oF CHAMBER OF COMMERCE EVENTS FOR 1995-96 City Manager's memo of March 28 recommended council approve the events subject to meeting Police Deparfrnent requirements and providing insurance coverage approved by the City Attorney. Four events were planned: (1) Burlingame Avenue merchants sidewalk sales on April 2t & 22 arrd August 18 & 19, L995; (2) the Community Picnic at Washington Park on September t7, 1995; (3) Art on the Avenue, September 23 & 24 requesting sale of alcoholic beverages; and (4) Burlingame Avenue Holiday Open House on November 24, 1995. Mayor Knight said she wanted a separate vote on the Art on the Avenue event because she could not approve sale of beer and wine on the street. Vice Mayor Pagliaro asked about the letters of complaint from the art galleries on Primrose Road regarding this event. Two representatives were present from the Terr,, Pimsleur Company which organizes this event. They were not aware of these complaints and would accommodate the wishes of those merchants. Councilman Harrison confirmed that this is the third year of a five year contract with Pimsleur. Councilman Spinelli asked about the use of commemorative glasses for the event; Police Chief said council has waived the restriction in the past. Vice Mayor Pagliaro moved to approve events L,2 and 4. Seconded by Councilman Harrison and carried unanimously. Councilman Harrison then moved to approve event 3, Art on the Avenue. Seconded by Vice Mayor Pagliaro and carried 4-1 on voice vote, Mayor Knight voting no. Councilwoman O'Mahony reported on the C/CAG meeting. Mayor Knight told about the ground breaking ceremony for the Millbrae Avenue train overpass; the annual commissioner dinner, and the legislative breakfast. Councilman Harrison said he had received complaint calls about ball playing at Ray Park on Sunday. Recreation Director said because of the rain the ball teams needed to have makeups, he said any further makeups would not take place at Ray Park. OLD BUSINESS Vice Mayor Pagliaro said Measure A funds cannot be used for BART, but the Transportation Authority minutes refer to increasing the size of train overcrossings to accommodate BART. This added width should not be paid with Measure A funds. Council authorized Vice Mayor Pagliaro to write a letter on behalf of council. NEW BUSINESS Vice Mayor Pagliaro asked about the parking issue at Il Fornaio; staff noted the TSP Commission will be considering the valet parking request at its next meeting and any action would be forwarded to council. Council asked for a report at the April 17 meeting. Vice Mayor Pagliaro also said he had the pleasure of having 13 young women from an Eastern college staying at his home along with his daughter while they were performing in the area. All these young women were very impressed with our downtown area, they loved Burlingame. 305 b ACKNOWLEDGEMENTS a Commission Minutes: Senior, March 16; Park and Recreation, March 16; Planning, March 27, 1995. ktter from Chamber of Commerce President Winges regarding proposed urban design study for Broadway and Burlingame Avenue Areas, and requesting the Bayshore Area be included. City Manager noted at the next meeting he would bring proposals for these urban design studies. Vice Mayor Pagliaro said he had asked for this for improvements to our major retail areas, he didn't want to add the Bayshore commercial area to the study at this time. Council concurred. ktter from Richard Schwartz regarding BART. I*tters from Norma Costello and from R.M. Newman objecting to allowing valet parking with loss of two parking spaces for Il Fornaio Restaurant. Letter from Roxanne Cyr regarding sewage overflows on Vernon Way and response from Public Works. f. Proclamation - Peninsula ReCare's Production Services Grand Opening. Mayor Knight noted Councilman Harrison would present this proclamation at the event. C. ktter from California Cable Television Association requesting support of SB 623. ADJOI]RNMENT IN MEMORY OF JAMES S. BALOPULOS AND LENA ROSE HINTON Mayor Knight noted with sadness the death of James S. Balopulos of Executive Travel Advisors, Carlson Travel Network, the father of Chamber of Commerce Director Georgette Naylor. Councilman Spinelli also noted the death of his grandmother, lrna Rose Hinton. After a moment of silence the meeting was adjourned in their memory at 9:20 p.m. c d e Judith A. Malfatti City Clerk