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HomeMy WebLinkAboutMin - CC - 1995.05.15324 BIJRLINGAME, CALIFORNIA May 15, 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. IANCE TO kd by Fire Fighter Rickey Cirimele. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, SPINELLI PAGUARO MINUTES The minutes of the Regular Meeting of May 1, 1995 were unanimously approved. CEREMO MATTERS ENT '25th ANNIV ARY OF ART IN PARK' STER P TION N HON RICKEY CIRIMELE FOR SERVICE IN OKLAHOMA CITY Mayor Knight changed the order of the presentations to have Rickey Cirimele's proclamation last of ceremonial matters. Recreation Director John Williams presented the Mayor with a framed copy of the 25th Anniversary Art in the Park poster. He noted many businesses contributed to the production of the poster and t-shirt which he showed council and the audience. Mayor Knight then read the proclamation for National Public Works Week and presented it to the Public Works Director Ralph Kirkup. Mayor Knight presented a letter of commendation to Judi Haderer who personally organized a memorial tree planting ceremony at Washington Park on May 13 to honor the victims and rescue workers of the Oklahoma City bombing tragedy. The Mayor noted posters and banner displayed tonight and said there was a banner at the Recreation Center that citizens could sign and which will be sent to Oklahoma City. Mayor Knight noted the many fre personnel who were present to honor Rickey Cirimele, she also introduced the Mayor and Vice Mayor of Hillsborough and that town's Fire Chief and Deputy Chief as well as Hillsborough Fire Fighter Mitchell Mattea who worked with Cirimele in Oklahoma City. She called forward Fire Fighter Rickey Cirimele and his family. Fire Fighter Cirimele went to Oklahoma City as part of the Federal Search and Rescue Team headquartered in Menlo Park. Mayor Knight read the proclamation commending Cirimele and presented it to him. Rickey said a few words of thanks and received a standing ovation from the crowd. Mayor Knight called for a recess at 7:40 p.m. for council and the public to meet Fire Fighter cirimele. The meeting reconvened at 7:52 with four council members present. 325 PUBLIC HEARING - SECOND READING - ORDINANCE 1525 ESTABLISHING TWO HOI]R RNIA DRIVE FRO Public Works Director reviewed his memo of April 26 which recommended council hold a public hearing and adopt the ordinance establishing two hour parking along the 700 block of California while retaining two 24 minute green zones on the block. The Traffic Commission reviewed this request and recommended approval to council. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. PUBLIC COMMENTS Will McGowan, 37 Lorton, member of the Beautification Commission, spoke of his concern about the removal of the Magnolia tree approved at the last council meeting; he hoped such removals would be a rare occurrence in our city. APPEAL OF DENIAL OF TAXI DRIVER PERMIT City Attorney reviewed his memo of May l0 which recommended council hold a hearing and take action. Michael Soper has appealed the Police Departrnent's denial of his taxi driver permit request. One provision of our taxi ordinance is that the police must deny a permit to an applicant who has been convicted of a felony. Mr. Soper was convicted of petty theft with a prior conviction, so it became a felony. A letter was received from Soper's parole officer stating Soper was cooperative and has tested negative for presence of controlled substances; he appears to be motivated to adjust himself back into the community. The police departrnent has no objection to council allowing the permit. Michael Soper was present and said he has changed his life and he needs this job. Councilwoman O'Mahony said the appellant is abstaining from drugs and alcohol; she was willing to give this young man a chance; she moved to approve the taxi driver permit. Seconded by Councilman Harrison and carried unanimously. REOUEST FROM PENINSULA HOSPITAL FO R AMENDMENT TO SMOKING ORDINANCE City Attorney reviewed his memo of May 8 which recommended council review the request for an amendment to the smoking ordinance. l,ast year council received a request from a residential care facility to amend our smoking ordinance to allow smoking in medical facilities under certain circumstances and in specified areas. Council declined to take action on that request. The City Attorney has received complaints from employees of Peninsula Hospital that smoking takes place within certain areas of the facilities, particularly the mental health and chemical dependency units. He informed the hospital that although the new state law presently allows smoking in such units, the city ordinance is stricter and such smoking is not permissible. The hospital wrote a letter giving their position on the issue. City Attorney said Councilman Spinelli would not participate in this discussion or decision because of a business relationship with the hospital. Fred Ammann, Vice President of the Mills-Peninsula Hospitals, introduced several representatives of the hospital - Dr. Daniel Becker, Director of Psychiatric Services, Dr. William Glatt, Director of Chemical Dependency Services, and Charla Parker, Administrative Director of Behavorial Health Councilman Harrison moved adoption of ORDINANCE 1525. Seconded by Councilwoman O'Mahony and carried unanimously 4-0 by voice vote, Vice Mayor Pagliaro being absent. 326 Services. He stated the hospital is not asking for a waiver to their overall smoking policy; they are committed to no smoking in the hospital; they are asking to allow two smoking rooms within the mental health and chemical dependency units at Peninsula Hospital; no employees would be allowed to smoke in these designated rooms, but psychiatric and chemical dependent patients who present unique treatment needs would be allowed to smoke in these rooms. Dr. Becker reviewed the needs of these patients with addictive personalities. Dr. Glatt said other mental health care facilities address the need for a smoking area by having access to outdoor smoking areas which have controlled access, but at Peninsula Hospital these units are located on the third floor. Councilman Harrison and Councilwoman O'Mahony said they could support the request since these two rooms are specially designed with air exchanges four times as frequent as normal. They asked about housekeeping and cleaning of the filters. Council discussed the previous request which was denied and the fact that that care facility has an outdoor patio. In response to Mayor Knight, Ammann said the rooms are vented at the roof level. Mayor Knight said she could support the request after review of the letter from Carr, McClellan, attorneys representing the hospital. Ammann said they would work with employees who object to the smoking in those departments. They could move employees who are bothered to other assignments. Councilman Harrison moved to direct staff to prepare an ordinance amending the smoking controls for introduction. Seconded by Councilwoman O'Mahony and carried 3-0-l-1, Councilman Spinelli abstaining and Vice Mayor Pagliaro absent. 241 CALIFO City Attorney reviewed his memo of May 10 which recommended council review the request for an amusement permit. These are new owners of the business who state that the Karaoke singing and dancing and the lingerie fashion shows had been taking place for several years with the past owner. Police report no problems with the establishment and recommend approval. The applicants were not present. Mayor Knight said she could support the Karaoke but not the lingerie shows. Councilwoman O'Mahony moved approval of the requested permit subject to conditions in staff report. Seconded by Councilman Harrison and carried 3-l-1, Mayor Knight voting no, Vice Mayor Pagliaro absent. AL IMPRO PERMIT F PRO City Manager informed council the budget study meeting would be June 14, 1995 and recommended council members meet with departments. City Manager reviewed his memo of May 9 which recommended council cancel the May 17 study meeting because of lack of business and the June 5 regular meeting because two council members woutd be absent. The next meetings would be the budget study on June 14 and the regular meeting on June 19, 1995. Councilwoman O'Mahony moved to cancel the two meetings. Seconded by Councilman Harrison. Two applicants who would be before the upcoming Planning Commission meeting, said if the June 5 meeting were canceled, the action on their project would not be final until the close of the June 19 council meeting. Councilwoman O'Mahony withdrew her motion. Councilman Harrison withdrew his second. Councilman Harrison moved to cancel only the May 17 study meeting. Seconded by Councilwoman O'Mahony and carried 4-0. CANCEL STUDY MEETING OF MAY 17. 1995 327 LIBRARY IMPROVEMENT FINANCING - RESOLUTION 41-95 AUTHORIZING IOINT EXERCISE OF POWERS AGREEMENT WITH BURLINGAME REDEVELOPMENT AGENCY CREATING THE BURLIN FINANCING AUTHORITY City Attorney reviewed his memo of May 9 which recommended council adopt the resolution and approve the agreement with the Redevelopment Agency to establish the Burlingame Financing Authority. He attached a letter from the Orrick, Herrington & Sutcliffe, bond counsel, assuring us that reestablishing the Redevelopment Agency would not give rise to any tax increment for low- income housing, nor would it establish a redevelopment project area. City Attorney explained that we are briefly utilizing the dormant redevelopment agency to jointly create the Financing Authority which will have the power to issue bonds for the purpose of financing improvements to the library facility. This vehicle will save the city money in the financing of the library project. After adopting this resolution, council would adjourn to the Redevelopment Agency meeting at which the agency would adopt a similar resolution. The agency would then adjoum to the Financing Authority meeting at which byJaws would be adopted. Councilman Harrison moved adoption of RESOLUTION 41-95. Seconded by Councilman Spinelli and carried 4-0 on voice vote. ADJOIJRN Councilman Harrison moved to adjourn the regular meeting to the Redevelopment Agency meeting. Seconded by Councilman Spinelli and carried unanimously. BI]RLINGAME REDEVELOPMENT AGENCY Mayor Knight called the meeting to order at 8:30 p.m. Roll Call: Agency Members Harrison, Ihight, O'Mahony and Spinelli were present. Member Pagliaro was absent. There were no public commetrts. RESOLUTION I-95 OF THE BURLINGAME REDEVELOPMENT AG ENCY AUTHORIZING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT WITH CITY OF BI]RI- INGAME CREATING THE BIJRLINGAME FINANCING AUTHORITY Councilman Harrison moved to adopt RESOLUTION 1-95. Seconded by Councilwoman O'Mahony and carried unanimously. ADJOURN THE REDEVELO MENT AGENCY MEETING Councilman Harrison moved to adjourn the meeting of the Redevelopment Agency at 8:34 p.m. to reconvene as the Financing Authority. Seconded by Councilwoman O'Mahony and carried unanimously. Mayor Knight called the meeting of the Burlingame Financing Authority to order at 8:35 p.m. BURLINGAME FINANCING AUTHORITY 328 Roll Call: Burlingame Financing Authority Board Members Harrison, Knight, O'Mahony and Spinelli were present. Board Member Pagliaro was absent. RESOLUTION 1-1995 OF THE BURLING FINANCING ATJTHORITY ADOPTING BY- LAWS: CONFIRMING OFFICERS: ESTABLISHING TIME AND PLACE OF MEETINGS: ADOPTING CONFLICT OF INTEREST CODE: AND RETAINING COUNSEL Councilman Harrison moved to adopt RESOLUTION 1-1995 of the Financing Authority. Seconded by Councilwoman O'Mahony and carried unanimously. ADJOURN THE FINANCING AUTHORITY MEETING Councilman Harrison moved to adjourn the Financing Authority meeting at 8:39 p.m. and return to the regular meeting. Seconded by Councilwoman O'Mahony and carried unanimously. The regular meeting reconvened at 8:40 p.m. with four members present. CONSENT CALENDAR Regarding item "b" Mayor Knight pointed out the procedure for setting an item on the TSP agenda and the fact that the commission meets only once a month delays action by the Traffic commission. a.SECOND READING OF ORDINANCE 1524 REESTABLISHIN BROADWAY BUSI- NESS IMPRO T DISTRICT (BID) AND AMENDING ,SI]NSET'DATE City Attorney's memo of May 9 recommended council adopt this ordinance; the public hearing was held on May 1. This ordinance reestablishes the Broadway BID and places a new sunset of June 30, 1998 on the district. b INTRODUCTION O ORDINANCE 1526 AUTHORIZING TRUCK AND PASSENGER LOADING ZONES City Attorney's memo of May 2 recommended council introduce this ordinance; we recently adopted a valet parking ordinance which has a provision that the passenger loading zone must be approved by the city; the zone could be a truck loading zone with passenger loading during valet hours, effectively combining yellow and white zones; this ordinance would give the city engineer the authority to create these mixed zones with confirmation through the TSP Commission after approval of the valet parking permit. c. RESOL urroN 42-95 WARDING CONTRACT TO PROVIDE RARY ST{F.I VING SHELF-COLLECTION-FURNITIJRE MOVING TO TEMPORARY LIBRARY SITE AND TO STORAGE SITE - CP 9305 City Librarian's memo of May 10 recommended council award this contract to Ross McDonald Company in the amount of $139,5M to facilitate the move to the temporary quarters. 329 d RESOLUTION 43-95 ACCEPTING COMPLETION OF 1993-94 SIDEWALK REPAIR PROGRAM . CP 9320 Public Works memo of May 10 recommended council accept this project as completed by P & F Construction of Oakland in the amount of $559,397.69. The contract was extended from the original bid of $399,410.04 because of increased monolithic replacement of curb and gutter, severe rotations caused by tree roots and increased number of handicap ramps and driveway slopes to meet ADA requirements. e,APPROVE OUT-OF-STATE TRAVEL FOR CITY LIBRARIAN City Librarian's memo of May 10 requested and City Manager recommended approval for a trip to Chicago for the American Library Association Conference in June 1995 at a cost of about $806. E/EVENTS INC.CERTOS INC. City Attorney's memos of May 8 and May 9 recommended denial of these claims for damage to a truck which ran into a tree branch; and sewer repairs. C. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 37490 - 37959, duly audited, in the amount of $1,132,021.51 and Payroll Checks 75420 - 76205 for the month of April 1995 in the amount of $1,f63,523.59. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony reported on the recent CCAG meetings. Councilman Spinelli told about the Airport Roundtable meeting. Councilman Harrison reported on the Convention Bureau, EXPO Center and SAMCEDA meetings and activities. Mayor Knight said she attended a meeting at PalCare where the Secretary of Iabor visited, and attended the Police and Fire basketball game. OLD BUSINESS Councilman Harrison said on Thursday there will be a dedication of the Bill Key memorial bench at the Train Station in the rose garden. NEW BUSINESS Mayor Knight set an appeal hearing for June 5 for l42l Bemal. The appellant will be notified that or y three council members would be present at that meeting and had the option of postponing to the following meeting. f Mayor Knight also announced a 25th anniversary celebration at Days Inn. 3tc ACKNOWLEDGEMENTS a Commission Minutes: Park and Recreation, April 20; Civil Service, April l1; Planning, May 8, 1995. Department Reports: Building, April; Police, April; Treasurer, April 30, 1995. ktter and certificate of recognition for city's financial contribution to "Summer Jobs for Youth." I-etters from Sierra Financial, 330 Primrose, and from Recourse Collection,330 Primrose, regarding need for more long-term parking for employees in the Burlingame Avenue area. I-etter from SAMCEDA regarding its proposed budget and requesting the same donation from city. Proclamations: (1) Honoring Ginger Fortmiller Upon Her Retirement from the City; (2) Honoring Bob Welch Upon His Retirement from Burlingame Intermediate School. g. lrtter from William and Natalie l,anam regarding continuing sewer overflows on Columbus. Public Works Director explained the repair project for sewers on Columbus would be awarded at the June 19 meeting. Letter from Howard Beede objecting to council decision approving removal of the Magnolia tree on Columbus. CLOSED SESSION CANCELED Mayor Knight said she would call the City Attorney with question she had regarding litigation; council members agreed there was time to consider possible litigation regarding BART when the Final EIR is adopted in September. ADJOURNMENT Mayor Knight adjourned the meeting at 9:08 p.m. Judith A. Malfatti City Clerk b c d e f. h