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HomeMy WebLinkAboutMin - CC - 1995.07.06352 BT'RLINGAME, CALIFORNIA July 6, 1995 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in tle 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*d by Chamber of Commerce Executive Director Georgette Naylor. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE MINUTES The minutes of the Study Meeting were changed on page 2 by Councilman Spinelli to show the Chamber "is coooerating in aeiv*reparins a site"; the minutes of the Regular Meeting of June 19, 1995 were changed on page 2 by Councilwoman O'Mahony to show she would not support the motion because " she thousht ourchases based on are not soins to be taken home di*aot . "; with the changes, those minutes and the minutes of the Special Meeting of June 23, 1995 were approved unanimously. ATIONS OF B G APE AN PARKING STUDY PROPOSALS City Manager explained the three firms chosen by council to make presentations tossed a coin to determine the order of the presentations. The council heard presentations by (1) Sasaki Associates; (2) Gates & Associates, and (3) Callander Associates. Each organization had traffic engineering firms with them to respond to parkingitraffic questions. Following their individual presentations, they responded to council questions. Council had compliments for each presentation but felt Gates was most responsive to council concerns. Councilman Harrison moved to request staff to prepare a contract with Gates & Associates for the next meeting. Seconded by Councilwoman O'Mahony and carried unanimously. DENIAL WITHO I]T PREJUDICE - REOUEST FO R AMENDMENT TO PERMIT FOR ARE WO ENTER 1208 City Planner explained the applicant for this amendment has sent a letter requesting council deny without prejudice so they can revise their request and return to the Planning Commission for reconsideration; she explained the applicant had requested five amendments to his special permit including the hours they operate, time space between classes, and the number of customers allowed. The request was denied by the commission because of concerns about the current traffic and parking demands in the area and the potential for compounding problems in the area. Mayor Knight mentioned a recent newspaper article which she would like included in the next report to the commission. Councilman Harrison asked about enforcing the current limitations on the business in 35_3 the interim. Vice Mayor Pagliaro asked if the applicant was present, he was; Vice Mayor Pagliaro said noise requirements have not been addressed in the proposal nor have noise complaints in the past been responded to; he would like to call this permit up for revocation. He asked for staff to include a report on noise complaints at this site in the next Planning Commission review. Mayor Knight said there was also an advertisement in another newspaper for aerobics classes given by the business at another site; noted they had asked for ballet classes to be held during "off times. " Mayor Knight would like to know precisely what classes they hold on site and off the site. Councilman Harrison moved to deny without prejudice. Seconded by Councilwoman O'Mahony and carried unanimously. City Planner noted revision of the request for special permit amendments from Donnelly Square would have to come before the Planning Commission within 60 days and that they must operate the business under the current conditions of their special permit until those conditions are changed. PUBLIC HEARING - REVIEW ENCROACHMENT PERMIT AND AGREEMENT TO ALLOW LIGHT STANDARDS IN PUBLIC RIGHT-OF-WAY AT 1O1O CADILLAC WAY Public Worlcs Director reviewed his memo of June 14 which recommended council hold a hearing and take action. At the last meeting, council recieved this proposal and asked for review because of concerns about the lights impacting residents at Northpark Apartrnents, and about the lease of this land from the city. Rector Cadillac would like to install six 25 foot tall floodlights in the city right- of-way to illuminate their used car sales lot; such an encroachment permit would be subject to eight conditions; part of the lot area has been leased from the city by Rector since 1968. The original lease cost was $600 per year; staff proposed to increase the lease to $1200 per year. Staff was convinced the lights would have no impact on the aparfinents because the Rector Cadillac building would stand between the lights and the apartrnents. Councilman Spinelli said he was very concerned about the low rents received for this valuable property, nearly 5000 SF of frontage. Staff noted part of that property is sidewalk area and trees. Mayor Knight opened the hearing. Mark l.omazzi, Chief Financial Officer of Rector Cadillac, was present and explained they wanted to improve night illumination of their auto display area for their customers. Vice Mayor Pagliaro noted the original lease says no business would take place on the city property but it appears there are cars with sales prices on the city property. Lomazzi pointed out the land could not be used for any other purpose. Mayor Knight closed the hearing. Councilwoman O'Mahony moved approval of the requested encroachment permit. Seconded by CounciLnan Harrison. Councilman Spinelli said the rent equated to about 50 cents a SF per year; he thought a new lease agreement should be negotiated. Vice Mayor Pagliaro agreed. Council asked about the terms of the lease, would like to see the entire lease agreement. Vice Mayor Pagliaro would like this to come back with new lease. The motion to approve the permit failed on roll call vote 2-3, Mayor Knight, Vice Mayor Pagliaro and Councilman Spinelli voting no. Vice Mayor Pagliaro moved to direct staff to negotiate a new lease agreement and bring back the new lease and the encroachment permit to a future meeting. Seconded by Councilman Spinelli and carried unanimously. REVOCATION OF AMUSEMENT PERMIT FOR GOLDEN CHINA RESTAURANT. 1230 BROADWAY City Attorney reviewed his memo of June 28 which recommended council hold a hearing and take action to revoke the permit, alter the conditions or grant it for a limited time. At the last meeting 354 council considered renewal of all city amusement permits. Staff had recommended renewal of Golden China's permit for only 90 days because of noise complaints. Council had indicated it wished to consider revocation of the permit and the matter was set for hearing at this meeting. This restaurant is located close to residential area and received a warning letter in February because of the noise complaints. Mayor Knight opened the public hearing. The owners, Mr and Mrs Young, were present and explained that they have a night manager who may not have controlled the situation properly or stopped the karaoke at 1:30 a.m. as required. Council noted some noise complaints were as early as 10:30 p.m.; there are many residents living in the area, they have a right to peace and quiet; there were also problems with underage patrons; council granted this permit a year ago because the owners wanted to enhance their business, but there are too many calls and they are operating outside the permit requirements. The Youngs said they get many calls from one person who always complains. Staff said the police calls don't appear to be from one person. The hearing was closed. Councilman Harrison said he was more concerned about the residents in the area; he moved to revoke the amusement permit. Seconded by Councilwoman O'Mahony and carried unanimously. ND 1 7 IN S F IDENTIAL C Mayor Knight noted that Councilman Spinelli would abstain from the discussion and vote because of a conflict of interest. City Attorney reviewed his memo of June 28 which recommended council consider adoption of the ordinance. At the last meeting council considered amendments to our smoking ordinance to allow smoking in certain medical facilities and asked for staff to report on two items: first was an amendment to include air filtration criteria as proposed by Peninsula Hospital and second asked why the proposed exemption included long{erm health care facilities. After discussion with the Chief Building Inspector and the Hospital Engheer, the operative wording for air filtration criteria was determined to be "at least 16 room air changes per hour. " The long-term health care was included because some council members expressed interest in reconsidering the earlier denial of a request from a local nursing home. A question was also asked about the distance which smokers must be from any entrance to a building. State law does not address this and as far as the City Attorney knew the City of Davis was the only city which had such a requirement. Vice Mayor Pagliaro would like to be sure to add the phrase about air filtration requirements to the section on residential care homes also. Mayor Knight was concerned about employees rights to keep out of smoking rooms; noted some of the letters received in opposition to the ordinance were from hospital employees who made some valid points. Mayor Knight opened the public hearing. Fred Ammann, hospital administrator, introduced hospital staff with him; confirmed they had no objections to the air filtration requirements; said certain patients need the ability to smoke during their hospital stay. Mark Gomez, employee at the hospital, said the hospital has taken a direct approach to clarifying the smoking issue for employees and responded to all employee questions; he supported the ordinance. The hearing was closed. Councilwoman O'Mahony moved to adopt ORDINANCE 1527 with the addition of the air filtration phase to both exemptions for hospitals and long-term residential care facilities. Seconded by Councilman Harrison. Vice Mayor Pagliaro wondered about the need to include the residential care exemption. Councilman Harrison said he has worked as a conservator with the elderly for several years and agreed these people need the ability to smoke since it is about the only thing they have to enjoy. Mayor Knight said some of these residential facilities have patios where patients can go 35s outside to smoke; wanted employees to have the right to decline working in a smoking arca. The motion carried 4-0-1, Councilman Spinelli abstaining. PUBUC HEARING - SECOND READING - ORDINANCE 1528 MAKING CORRECTIONS TO THE ZONING CODE City Planner reviewed her memos of June 1 and June 28 which recommended council hold a public hearing and take action on the ordinance making changes to the zoning code. The Planning Commission reviewed and recommends these changes: l) to set a maximum height of 3 foot from adjacent existing grade on uncovered stairs and landings as an exception in the front setback; 2) put the minimum 30 inch side setback standard back into the code and have a required setback for chimneys; 3) require an interior connection between all habitable areas within a single family house; 4) in the C-3 district regulations, drop some special setback standards; 5) add to the commercial minor modification provisions real estate and financial institutions uses with a maximum of 600 gross SF of office area, unrelated to any other office users, with a maximum of two employees; 6) increase permitted height of a detached accessory structure from 14 to 15 feet provided both sides of the roof are pitched and the 15 foot ridge is separated from side property line by at least 5 feet; and 7) require all single family structures defined as "new construction" to provide two covered and one uncovered parking space, independent of the number of bedrooms. She acknowledged a letter from Terry Horn supporting change to shift small real estate and financial institution uses to minor modifications. Vice Mayor Pagliaro wondered why two commissioners had voted against the setback requirement; staff reviewed the commission meeting. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1528 and commended the commission and staff for their work. Seconded by Councilwoman O'Mahony and carried unanimously. Helaine Darling said she read the letter to the editor regarding the Planning Commission chair, she was also upset with the commission decision regarding a remodel on Alturas which has turned into a reconstruction project; she thought the house looked like a "bordello" and said the city needs to have an architectural review committee. Vice Mayor Pagliaro asked staff to report back on this project. Councilman Spinelli asked the fire department to look into it. APPOINTMENT OF TWO YOUTH ADVISO Y MEMBERS TO THE PARK AND RECRE- ATION COMMISSION Recreation Director reviewed his memo of June 29 which recommended council appoint Nick Grijalva and Heather Mau to the Park and Recreation Commission as Youth Advisory Members for one year terms until June 30, 1996. Both these Burlingame High School students are residents and come highly recommended by their school principal; they are both going into their senior year of high school; the Director and the chairman of the commission interviewed the students and support their appointment. Nick Grdalva was present, Heather was unable to attend this evening. Councilman Harrison moved to appoint Nick Grijalva and Heather Mau as recommended. Seconded by Councilman Spinelli and carried unanimously. PUBLIC COMMENTS 356 APPOINTMENT TO THE PLANNING COMMISSION Council removed item "h" at the request of staff. a.INTRODUCTI ON OF ORDINANCE 1529 DING PROCEDURES R REMOVAL b OF ILLEGAL NEWSRACKS City Attorney's memo of June 28 recommended council introduce this ordinance amending procedure for removal of illegal newsracks. In recent months, the park department has attempted to remedy a number of illegal newsracks; it became obvious our enforcement procedure was cumbersome and lengthy. The amendment will give violators a 10 day notice to fix the problem or request a hearing. If they do not respond, we can immediately remove the offending newsrack. If they request a hearing, the process could still be resolved within 30 days. Vendors have been notified of this proposed amendment. AL BER 7. 1 REOUESTING COUNTY CLERK TO RENDER SERVICES: AND LIMITING CANDIDATE STATEMENTS TO 2OO WORDS IN LENGTH City Clerk's memo of June 16 recommended council adopt this resolution (l) calling the election on November 7, 1995; (2) authorizing a contract with the counfy clerk for services; and (3) limiting candidate statements to 200 words. Two council positions are up for election, the incumbents are Mayor Knight and Vice Mayor Pagliaro. The nomination period opens July 17 and closes August 11. Candidates are required to pay the cost of printing their statement in the voter's pamphlet. There is $12,000 budgeted for the election. RESO oN 55-95 A ORIZING AG WITH CONVENTION & VI SITORSc d BUREAU FOR 1995-96 City Manager's memo of June 26 recommended council approve this agreement with the Convention Bureau in the amount of $348,271. This is a 3 percent increase over last year. L A VI LABORATORY FOR LANDFILL GROUNDWATER Public Works memo of June 28 recommended council approve an agreement with Pace, Incorporated in the amount of $18,712 for testing groundwater from the landfill area. The Regional Water Quality Control Board requires this monitoring and testing. At the last meeting, council accepted a letter of resignation from Planning Commissioner Pat Kelly. Since council had recently interviewed several people for this commission, appointrnent would be made from the existing applicants. Mayor Knight said she and Councilman Spinelli had interviewed these applicants and they recommended John Wellford; she nominated John Wellford to replace Kelly. Nominations were closed and Wellford was unanimously appointed. CONSENT CALENDAR 357 e RESOLUTION 57-95 AUTHORIANG AGREEMENT FOR SERYICES - LANDFILL GROUNDWATER MONITORING Public Works memo of lune 28 recommended council approve an agreement with Harding l:wson (Hl,A) in the amount of $67,419 for monitoring the groundwater in the landfill. RESOLUTION 58-95 RECOMMENDING THE COUNTY FLOOD CONTROL DISTRICT IMPOSE CHARGES FOR FUNDING THE COUNTY-WIDE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM NPDES) Public Works memo of June 27 recommended council endorse the "Year 3 General Program Budget" as adopted by CCAG and use the Flood Control District as the funding mechanism for the program. The EPA requires all local governments to control and reduce the amount of storm water pollution runoff into the bay. The cost of the county-wide program for 1995- 96 is $907,903. These fees are passed on to the users via property taxes; impact on a single family home is $3.44. City admirfstrative costs of about $4,000 remain in the sewer budget. RESOLUTION 59-95 AUTHORIZING AGREEMENT FOR CONSTRUCTION MANAGE- ERVICES FOR WASHINGTON PARK WELL Public Works memo of June 23 recommended council approve this agreement with Stetson Engineers in the amount of $37,395 for professional construction management services. h.Removed. OUT-OF-STATE TRAVEL FOR CHIEF BUILDING INSPECTOR Public Works memo of June 22 recommended council approve the Chief Building Inspector attending the ICBO Annual Business Meeting on September f0-15 in Nevada. J. YEAR END BUDGET ADJUSTMENTS Finance Director recommended council approve transfer from Contingency Appropriation for selected departrnents: Government Buildings, $16,000; Finance, $16,000; Recreation, $25,000; and Personnel, $15,000. MINITJM MAP FOR F Public Works memo of June 27 recommended council concur with the Planning Commission and approve this final map. h. ENCROACHMENT PERMIT FOR CK WALL AT 2825 RIVERA DRIVE f k Vice Mayor Pagliaro moved approval of the Consent Calendar except item "h. " Seconded by Councilman Harrison and carried unanimously. REMOVED CONSENT ITEM Public Works memo of June 26 recommended council approve the encroachment permit with usual conditions and (1) subject to acquiring a building permit. After the staff report was 358 Vice Mayor Pagliaro moved approval with the two additional conditions recommended. Seconded by Councilman Spinelli and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Spinelli reported on Airport Roundtable. Mayor Knight reported on Criminal Justice, Council of Cities, BART board meeting, SamTrans board meeting, and Transportation Authority meeting. OLD BUSINESS Vice Mayor Pagliaro asked the City Attorney to review the consequences of the Airport violating congestion management plan traffic requirements and of that violation reflecting on adjacent jurisdic- tions which would lose federal funding. NEW BUSINESS Mayor Knight set appeal hearings for a taxi driver permit suspension and for 615 Airport lighting permit; hearings would be July 17, 1995. Change Meeting Date: Councilman Harrison requested council consider changing the September 5 meeting to September 7. councilwoman o'Mahony moved to change the date as requested. Seconded and carried unanimously. ACKNOWLEDGEMENTS Commission Minutes: Park and Recreation, June 15; Senior, June 15; Planning, June 26, 1995. Mayor Knight discussed the Park and Recreation "priority list'" b Memo from Recreation Director about planned travel by Recreation staff and two local students. c. If,tter from David Mayer regarding trees and condition of sidewalks. d. ktter from Terry Horn about proposed amendments to zoning code. e. lrtter from Dr. Newton Harband expressing concern about availability of tobacco products to youths. Vice Mayor Pagliaro asked staff to respond. CLOSED SESSION At 10:55 p.m. Mayor Knight adjourned to a closed session for (1) a report from the City Manager on labor negotiations with AFSCME, and (2) to confer with the City Manager on negotiatiorx for purchase of the property at 1230 Domelly; property owner is the Estate of Frieda Fruend. a prepared, the Park Director reviewed the site and recommended an additional condition: (2) should the existing street tree die during the next 12 months, the applicant will pay for removal and replacement with a 24 inch box size tree selected from the street tree list. 359 PURCHASE OF PROPERTY AT I23O DONNELLY Council reconvened the meeting at ll:05 p.m. Councilman Harrison moved to approve the purchase of 1230 Donnelly for $750,000 and direct staff to secure the necessary asbestos and title reports and begin work on tenant relocation. Seconded by Councilwoman O'Mahony and carried unanimously. Council wished to study revising parking fees to pay for a portion of this purchase. ADJOURNMENT The meeting was adjourned at 11:07 p.m. Judith A. Malfatti City Clerk