HomeMy WebLinkAboutMin - CC - 1995.04.173A6
BI'RLINGAME, CALIF'ORNIA
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 at7:30 p.m.by Mayor Knight.
PLEDGE OF ALLEGIANCE TO THE FLAG
I-ed by City Planner Meg Monroe
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of April 3, t995 were unanimously approved.
PUBLIC HEARING - SECOND READING - ORDINANCE 1521 MAKING CORRECTIONS
AND CLARIFICATIONS TO MUNICIPAL CODE CHAPTER 25 ZONING
City Planner reviewed her memo of April 12 which recommended council hold a public hearing and
adopt the ordinance making corrections and clarifications to the zoning and sign codes. 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. At the April 3 meeting council reviewed the changes in the
zoning and sign codes and asked staff to add another section regarding non-conforming uses in the
Broadway Commercial Area to make an exception to replace buildings destroyed through a catastro-
phe as long as they are not expanded, thus treating the Broadway arca the same as the Burlingame
Avenue area. At that meeting council also asked that the definition of "new construction" be
addressed; under the definition the variance issues would be caught at plan check and not after
construction begins. Vice Mayor Pagliaro questioned the size of real estate signs in commercial
areas, he would prefer to limit the sizes to a maximum of 75 SF and 100 SF. Councilwoman
O'Mahony recommended a change in wording regarding balconies and covered porches, 25.08.477,
change the wording to "any one of the following..." Vice Mayor Pagliaro asked about staff
discretion in determining uses in temporary buildings, staff confirmed they would be limited by uses
permitted in the zone.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison asked if the issue about commercial minor modifications Terry Horn wrote
about is addressed in these changes. City Planner said no.
Vice Mayor Pagliaro moved to adopt ORDINANCE l52l with the changes suggested by him and
Councilwoman O'Mahony. Seconded by Councilman Harrison and carried unanimously on voice
vote.
April L7, 1995
307
PIIB LI C HEARING - S ECOND READING - O DINANCE I 5 22 AMF.NI-)ING TAXI REGI]I-A-
TIONS
City Attorney reviewed his memo of March 21 which recommended council hold a public hearing
and adopt the ordinance making changes in our taxi permit procedure to require the annual safety
check be done by a "state licensed" brake and lamp station, to require the driver permit include a
picture, to alter the expiration and renewal provisions to make them more uniform with other
business permits and increase the fees.
Mayor Knight opened the public hearing. There were no comments and the hearing was closed.
Councilwoman O'Mahony moved adoption of ORDINANCE 1522. Seconded by Councilman
Harrison and carried unanimously by voice vote.
PI'BLIC C s
Terry Horn, 405 Primrose, spoke regarding the letter he wrote; in past few months several of his
sole proprietor tenants have had to apply for special permits which is a costly and lengthy proce-
dure; he recommended revision to the zoning requirements so that either olle or two person offices
in small areas 300-500 SF are exempt and the definition of health service be extended to exclude
counselors so those persons are not required to get special permit; he said they have low rent, one
person offices no bigger than 400 SF. In response to Vice Mayor Pagliaro, the City Planner said
the Planning Commission could include this issue in its current study of other zoning changes.
Council concurred.
NEW OWNER.AMUSEMENT PERMIT:SE RESTAURANT. 835 COWAN ROAD
City Attorney reviewed his memo of April 4 which recommended council approve the request for a
an amusement permit for a period until July 1, 1995. Lien Sheng Ho, the new owner of Tuberose
Restaurant, 835 Cowan, is requesting an amusement permit for a karaoke system to be operated
from 11:00 a.m. to 2:0O a.m. He noted the time is an error, they meant to request 1l:30 p.m' to
2:00 a.m. and the City Attorney recommended the karaoke stop at 1:30 a.m. instead of 2:00 a.m. to
give patrons a chance to disperse before close of business. He recommended approval with
conditions listed. The police department reports no problems at the site and recommends approval.
The applicant was present.
Councilman Spinelli moved approval of the permit with conditions as recommended. Seconded by
Councilwoman O'Mahony and carried unanimously.
NEW AMUS PERMIT: MOON McSHANE'S. 269 PRIMROSE ROAD
City Attorney reviewed his memo of March 30 which recommended council review the request for a
disc jockey and live music three or four times a month. Police report no serious problems at the
site. He recommended the permit be approved until July 1, 1995. The operator was present. Vice
Mayor Pagliaro asked if the police departrnent had an on-going program to check validity of
identification of patrons, and if it had been done at this bar. Police Chief responded they do have
such a program and check if there is a reported problem. He did not know if this particular bar had
been checked.
308
Councilman Harrison moved approval of the permit as recommended. Seconded by Councilman
Spinelli and carried unanimously by voice vote.
A IT/T ISEMENT PERMIT RFVIFI /. RORRY n.]EF'C PFCTAITPANT I{n ANTA RM
City Attorney reviewed his memo of April 4 which recommended council renew the permit until
July l, 1995. This business has been on a 90 day review because ofa number of hazardous calls
last year and a number of conditions regarding security were required. There have been no calls
since mid-February. He recommended approval with same conditions. If the pattern continues we
may recommend removing or modifying some conditions and placing it on a longer review schedule.
Councilwoman O'Mahony moved approval.
unanimously by voice vote.
Seconded by Councilman Harrison and carried
VALET PARKING - LORTON/DONNELLY AREA - INTRODUCTION OF ORDINANCE 1523
ESTABLISHING VALET PARKING PROCEDURES
City Manager reviewed his memo of April 7 which recommended council hear a report from the
Public Works Director regarding the Traffic, Safety and Parking Commission (TSPC) meeting of
last Thursday where this subject was discussed. Attached to his report was a copy of San Fran-
cisco's ordinance regulating valet parking and a draft suggested ordinance was available tonight.
Public Works Director said at the April 13 TSPC meeting the commission reviewed the number of
yellow zones on Lorton, the valet parking business at Il Fomaio Restaurant and the possibility of
making Donnelly one-way. The City Manager gave this restaurant temporary permission for valet
parking on the weekend of its opening. The service has continued using a nearby loading zone and
although we have no prohibition against such services, we might want to institute some controls.
Presently the valet parking service is leasing two off-street parking spaces from Kay's hundry; staff
noted Kay's is required to provide that parking as part of its permit, Kay's cannot rent parking
spaces to someone else. The majority of TSPC liked the idea of making Donnelly a one-way street;
merchants will be notified about that plan and the commission will consider it again next month; if
Donnelly were made one-way we would gain 21 parking spaces and the yellow zone used for valet
parking could be moved to the restaurant's Donnelly frontage, reducing the number of loading zones
and reducing congestion in front of the restaurant. The TSPC recommended removing three meters
at Il Fornaio for the valet parking to continue until tle issue is resolved.
Councilman Harrison asked about the yellow zone across the street on Irrton; he asked about the
number of students allowed by the use permit in the classes held at Donnelly Square; staff believed
it was limited to 12 during the lunch hours and staff would investigate the number attending. He
also wondered about the necessity of removing the meters if it were only a temporary measure.
Councilman Spinelli liked the idea of Donnelly one-way; staff noted that procedure would take
public hearings with merchants involved and it would take time before it might be instituted. Vice
Mayor Pagliaro asked about the lO-hour and 4-hour meters in Lot C; staff said there is a shortage of
long-term parking in the area. Mayor Knight asked merchants present to comment.
The manager of Il Fornaio said they were happy to be in Burlingame but they had not identified the
parking problems; they contracted with Gilmore Valet Parking seven days a week during lunch and
dinner hours; they are presently parking cars on the fire site off Donnelly by agreement with the
owner of that lot; she approved the TSPC recommendation for removing the tfuee meters for valet
parking in front of Kay's Laundry. John Creech, 311 l,orton, said the area merchants have been
meeting regarding the parking problems; he questioned using valet parking for restaurants only, it
309
should be for anyone and should be free; he agreed the three meter area at Kay's was best for valet
parking area; the fre site lot will not be available for long because the owner is planning to build;
where will valet cars be parked when that lot is not available? Creech also noted there are six 10-
hour parking spaces on the street on Donnelly, and he was concerned about the long-term parking in
lot C. Jeff Gilmore, Gilmore Valet Parking, said his service runs from 11:30 a.m. to 2:30 p.m.
and from 5:00 p.m. onward. He said he would like to give input into any proposed valet parking
ordinance; he presented a letter in favor of his service from Brinon Realty. Council questioned him
about continuing the valet service after temporary permit for the grand-opening expired. Council-
woman O'Mahony was concerned about using Kay's Laundry required parking; Gilmore was not
aware Kay's could not rent the spaces. Council asked if he had another parking site for use after
the fre site is gone; Gilmore said he is looking for another site, negotiating with some car dealers
on California, possibly using area by train tracks. Vice Mayor Pagliaro asked him about the use of
cones in the street to block off parking spaces, and about exact location of area he is now using for
parking. Gilmore noted Il Fornaio pays him for the valet parking service.
Mayor Knight said she was impressed with dialogue between merchants; she thought we should have
a valet parking ordinance in effect, she asked about adopting it as an Urgency Ordinance. City
Attorney said he had prepared an ordinance based upon San Francisco's which council could
introduce tonight. A hearing would be held at the next meeting and there would be a 30 day
waiting period before it then took effect; the ordinance would require off-site parking area, and
include licensing and insurance requirements; he said the proposed ordinance would not apply to
hotels which use their own parking lots for valet parking; he would get copies of the proposed
ordinance to all council members. City Attorney said if the valet business used meter spaces it
could be grounds for revocation of their license. Vice Mayor Pagliaro objected to introducing an
ordinance he had not seen. Public Works Director said the operator might be able to use public
parking lots at night on a space available basis, but not during day; he also discussed the water
deparment lot; if they use city lots, they would need city permission. Police Chief did not see a
need for urgency adoption. Councilwoman O'Mahony appreciated the merchants cooperation, she
asked for a report on the location and cost of long-term parking in the area and also on Chapin.
Vice Mayor Pagliaro believed if we changed all the long-term parking in the funrnediate area to two-
hour spaces we would gain 200 parking spaces, he doubted we would need valet parking then and
location for the yellow zone, at a three-way intersection, is not good. Councilman Harrison moved
to introduce ORDINANCE 1523 Establishing Procedures for Valet Parking. Seconded by Council-
woman O'Mahony. The motion carried 4-1 on voice vote, Vice Mayor Pagliaro voting no.
There was further discussion of the yellow zone and its use as both a loading and valet parking area;
removing meter heads or covering them; possible regular parking use at other times, and other
yellow zones in area. Councilman Harrison moved to concur with the TSPC recommendation
regarding the three meter yellow zone on the Il Fornaio side of Lorton at Kay's with a sunset when
TSPC and council take final action, and to remove the yellow zone across the street and replace two
on-street meters there. Seconded by Councilwoman O'Mahony and carried unanimously by voice
vote. Vice Mayor Pagliaro suggested more discussion of parking at the Council/Planning meeting.
DRAFT REOUEST FOR PROPOSAL RFP) FOR BROADWAY AND B IRI,INGAM EA VENUE
STREETSCAPE IMPROVEMENTS AND IJPDATED PARKING STUDY FOR BIJRLINGAME
AVENUE
City Manager reviewed his memo of April 4 which recommended council review the suggested
work program and make any changes to the proposed RFP. If council approves the suggested work
program, we would send the RFP to architects and landscape designers who participated in our 1994
31C
design charrettes. Staff would select two to four finalists for council review and selection. Funding
for the study would come from the capital improvement program for 1995-96. Vice Mayor Pagliaro
said originally council had asked to look at the sidewalks, trash cans and street lights on Burlingame
Avenue and Broadway; this RFP includes parking reviews and financial concepts; he thought those
were separate issues which should not be included in RFP; questioned an architectural firm making
financial recommendations; concemed these two items would slow the project. Councilman Spinelli
felt it should be looked at as a package. Councilwoman O'Mahony thought an architect could make
financial estimates; would like to see that stay in the RFP, Councilman Harrison agreed. Vice
Mayor Pagliaro also wondered about limiting the firms to those which took part in the charrettes.
Councilwoman O'Mahony said those firms donated lots of time for little compensation at the
charrettes. City Manager agreed that financing is a special option, but cost estimates and limits are
important; he said we need to define the area for the study. Councilwoman O'Mahony hoped the
study included the "golden triangle" and California Drive. Vice Mayor Pagliaro moved to approve
the RFP with deletion of paragraph number 5 regarding financing. Seconded by Councilman
Harrison and carried unanimously.
City Manager reviewed the Finance Director's memo of April 7 which requested council review and
determine whether the shuttle bus should continue operation during the period April 24 to June 30
when grant funds will again become available; he noted CCAG has just approved shuttle bus
funding. The shuttle bus has averaged 30 riders a day. Jerry Winges, President of the Chamber,
said ridership has been up to 60 per day recently, with better weather ridership should increase.
The Chamber of Commerce letter dated April 11 offered to donate $8,000 of the required $11,500
necessary to continue the service, so the city would need to provide $3,500 from contingency
reserves. Councilman Harrison commended the Chamber and merchants for the donations, they
have donated $13,000 for the shuttle bus; he moved to continue the shuttle bus service. Seconded
by Councilwoman O'Mahony. Vice Mayor Pagliaro wondered about improving the advertising for
the shuttle bus, putting hformation into the hotels. Councilman Harrison told about plans for
information kiosks at the airport and many hotels. The motion carried unanimously on voice vote.
SENIOR COMMISSI N APPOINTMENTS
Councilman Harrison said he and Councilwoman O'Mahony had interviewed some fine and well
qualified candidates for the commission earlier tonight. But both he and Councilwoman O'Mahony
recommended reappointrnent of the incumbents, Clara Crook, Mary Janney and Charles Terry.
Council concurred and they were reappointed for another term.
CONSENT C ALENDAR
Staff responded to Councilman Spinelli's question regarding repair of pumps in and Vice
Mayor Pagliaro's questions regarding "c." Director of Public Works said the city staff underesti-
mated the ability of library staff to accomplish the moving into temporary library site.
a 1-9 DESIG
DAMAGES
Finance Director's memo of March 31 recommended council approve a resolution designat-
ing the Public Works or Finance Directors as agent to file our FEMA claim for damage to
city facilities in the recent storms.
LAIM
MID-DAY SHUTTLE BUS EVALUATION
311
b .)AW ND LOW BIDD
AIRPORT BOULEVARD LANDSCAPE - CP 9412
Public Works memo of April I I recommended council accept the withdrawal of the low
bidder, Shooter & Butts and award the project to the second low bidder, B&B l,andscape
Contractors of Santa Clara in the amount of $96,719. This project is to install landscaping
and irrigation on Airport Boulevard. The bids were opened on March 28 and the low bid of
$76,679.72 was from Shooter & Butts, later that same day Shooter & Butts declared they
made a substantial error on the bid and asked it be withdrawn; staff requested he submit a
letter indicating the error. After staff reviewed the letter, they recommended accepting the
withdrawal and awarding the bid to B&B Landscape.
c RESOLUTION 33-95 APPROVING AMEND MENT TO AGREEMENT WITH RI CHARD
d
ASSOC TEMPO
Public Works' memo of April 1l recommended council approve an amendment to the
agreement with Richard Sampson & Associates in the amount of $24,595. In February
council approved an agreement with Sampson for the move to the temporary library. As
details and coordination involved in moving became more complicated, staff realized more
help was required beyond the original scope of work.
RESOLUTION 34-95 AUTHORIZING AGREEMENT FOR TEMPORARY AUTOMATIC
AID FOR FIRE PROTECTION IN BAYSIDE MANOR AREA OF MILLBRAE
City Attomey's memo of April 11 recommended council approve this agreement with the
City of Millbrae for automatic aid during the construction of the Millbrae grade separation.
Millbrae will respond to a similar size area in Burlingame during that time; the rninimum
response would be one truck with three frefighters.
WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 37093 - 37489, duly audited, in the
amount of $854,818.24 and Payroll Checks 74662 - 754L9 fot the month of March 1995 in
the amount of $1,202,179.98.
f. DENIAL OF CLAIM OF JANE HUTTER
City Attorney's memo of April 1 recommended council deny this claim for damage to a
vehicle when a branch hit it during a stonn.
Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman
O'Mahony and carried unanimously.
Councilwoman O'Mahony reported on the Chamber meeting. Councilman Spinelli told about the
Airport Roundtable meeting. Vice Mayor Pagliaro spoke about CCAG and disbursement of
Measure A funds; he asked about the financial report our city had asked for; he told about another
city asking for delay because they are not ready to submit request for grants. Mayor Knight talked
about Emergency Services; she had breakfast with the Millbrae Mayor; she attended an anti-drunk
COUNCIL COMMITTEE REPORTS
312
a
b
c
d
driving event at the high school; she discussed the upcoming Samtrans meeting at which the BART
alternative would be decided. Mayor Knight said she had discussed with the City Attorney the
possibility of litigation if the SamTrans decision is Alternative VI, as expected. Staff noted that
there will be a 30 day comment period after that during which council can discuss any litigation.
Public Works Director thanked Vice Mayor Pagliaro for standing up for the grant deadline; he said
Public Works staff worked late to get our request for grants ready in time.
OLD BUSINESS
Mayor Knight asked about the timing on TSPC agendas and if therc was some way to speed up the
process.
NEW BUSINESS
Mayor Knight set a hearing for the May 1 meeting for a tree removal request at 1359 Columbus.
ACKNOWLEDGEMENTS
Commission Minutes: Beautification, April 6; Planning, April 10, 1995.
Deparment Reports: Building, March; Police, March; Treasurer, March 31, 1995.
I-etters from PG&E and from landis Marttila, IBEW, regarding proposed layoffs.
ktter from Terry Horn, 405 Primrose, suggesting city adopt "minor modification" procedure
for financial and health care uses. (Discussed earlier.)
ktters from MTC and Richard Schwartz regarding BART.
Proclamations: Week of the Young Child; Hire-A-Veteran Week.
Letter from Gerald Weisl regarding condition of sidewalla and streets in Broadway business
district.
I*tter from Ruthellen Rosenberger regarding our sewer system and the condition of
Burlingame Avenue area.
Mayor Knight noted with sadness the death of I-eonard Palmer, father of our Police Chief, and of
Bernice McKinnis, mother of Joy Guerber and personal friend of the Mayor. After a moment of
Judith A. Malfatti
City Clerk
e
f
h
silence, the meeting was adjourned in their memories at 10:00 p.m.
ADJOI]RNMENT IN MEMORY OF LEONARD PALMER AND BERNICE MCKINNIS