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HomeMy WebLinkAboutMin - CC - 1995.09.183B 1 BI,JRLINGAME, CALIFORNIA September 18, 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 NCE TO THE FLAG kd by Pete Umland of the Smoke Shop. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE PUBLIC HEARING - SECOND READING OF ORDINANCE 1531 PROHIBITING SELF. SERVICE DISPLAYS OF TOBACCO PRODUCTS - PASSAGE DEMED City Attorney reviewed his memo of September 13 which recommended council hold a public hearing and take action. At the last meeting council introduced an ordinance prohibiting self-service displays of tobacco products, similar to that adopted by the county recently. The effect of the ordinance is that tobacco products must be kept behind the counter and sold through an employee. If adopted, he will notify businesses. After the meeting council received letters from Chuck Beaver, California Association of Neighborhood Stores, and from Jae Hoon Lee, Korean-American Grocers Association, objecting to the ordinance. The City Attorney wrote to Beaver with several questions, he has not received a response. He also received a letter from l.ongs Drugs about card operated vending machines; he noted cigarette vending machines are only allowed in bars in our clty; the card operated vending machines allow people to purchase cards with which they purchase cigarettes from special card-operated cigarette vending machines; he noted there is proposed legislation to ban cigarette vending machines state-wide and recommended council not take any action regarding these machines at this time. He believed the City of San Mateo has passed this type ordinance. Mayor Knight opened the public hearing. larry Kranich, Quik Stop Markets, said this ordinance would penalize adult customers and store owners; storcs would lose their display allowances; he suggested council wait for 90 days, establish a task force to study this problem and make a recommendation. John Chon, Korean-American Grocers, said council and the small grocers need to work together; small grocers get $5,000-$6,000 each year from cigarette display allowances; important income to small grocers. Pete Umland, Smoke Shop, said they have just opened the special self-service tobacco store and this ordinance would kill that business; showed photos of the store. Chuck Beaver, representing Neighborhood Stores Association, responded to the city attorney's letter; explained special offers which merchants can only give if displays are on counters; putting tobacco elsewhere would require the merchant to take their eyes off the customer; he was sure no other city has passed this type ordinance; he is working with the County Smoking Control MINUTES The minutes of the Regular Meeting of September 5, 1995 were approved unanimously. 382 committee to help keep kids from smoking. Roy Spencer, Northern California Grocers Association, said he agreed with other speakers; there are trahing programs for merchants; told of working with the City of Oakland which had considered such an ordinance, but after meetings with merchants they did not adopt it; he suggested council set up a committee to study this matter. A local small business owner spoke in opposition. The hearing was closed. Vice Mayor Pagliaro disagreed with the speakers; he is sorry to hear about possible loss of jobs, but with smoking you are talking about loss of life; we heard from numerous restaurants opposing banning smoking in restaurants, they all complained about the business they would lose, but restaurant business is better than ever; don't see it as unfair; we have to protect our children. Councilman Harrison did not agree with Pagliaro, he thought a diligent business owner would not sell to children dnd he could not support this ordinance; he could support an amendment for carding anyone uuder age who wanted to purchase tobacco. Councilwoman O'Mahony was concerned about loss ofjobs; small shops are unique in Burlingame; this won't stop young people from smoking. Councilman Spinelli said this is government trying to control a legal act of adults; he didn't think it was fair to small businesses and could not support the ordinance. Mayor Knight said she had originally brought this matter up to take a look at the county ordinance; she was angry at the way tobacco companies hold small merchants "hostage; " but she was concerned about the issues the speakers brought up, especially the Smoke Shop. City Attorney said council could make a condition that any minor be accompanied by an adult when inside specialized stores such as the Smoke Shop. Councilman Harrison moved to deny passage of ORDINANCE 1531. Seconded by Councilwoman O'Mahony. The motion carcied 3-2 on roll call vote, Mayor Knight and Vice Mayor Pagliaro voting no, Vice Mayor Pagliaro noting he thought the ordinance should be passed. NG-P R'S STO YARD AT 1348 ROLLINS - RESOLUTION 75-95 ROVING SAME City Planner reviewed her memo of August 25 which recommended council hold a public hearing and take action. louis kFlamme, applicant and owner of LaFlamme Plumbing, is requesting a special permit in order to enclose the paved parking area at the front of his building with an eight foot tall cyclone fence with redwood slats inserted to make the fence opaque. He uses the outdoor area for storage of plumbing materials and equipment. The fence would be on the property line 4.5 feet behind the inner edge of the sidewalk. There will be swinging gates at each end of the fence and the center portion will slide in both directions in order to provide maximum flexibility for access to the site. A three foot wide pedestrian gate will also be provided. This item is a code enforcement resulting from a complaint about the "mess" at the site. The Planning Commission reviewed this at its August 14 meeting and denied it without prejudice; the commission noted it would like clear plans of the parking on site, and removal of an illegal storage semi-trailer, and some landscaping in front of the fence. In response to council questions, she said the applicant appealed the denial without prejudice; she did not know who owned the mobile home on the site; no permit had been issued for a dish antenna at the site; she did not know when the site was last inspected for fire safety but such inspections are made at least annually. Mayor Knight opened the public hearing. Louis laFlamme said the mobile home belongs to a friend from Texas who asked to stay there for a while; the reason he appealed was that he wanted to get the fence built immediately and not wait 60 days; he said the gates would be kept closed; large landscaping across the front of the site would interfere with gates but he agreed he could hstall some landscaping in the small areas on either end of the front of the site; the trailer and the mobile home would be removed soon. Councilman Harrison and Vice Mayor Pagliaro were concerned 383 about someone living in the trailer; also concemed about the site next door. Councilwoman O'Mahony was also concerned about all the equipment stored outside. Councilman Spinelli took some photos of what appears to be junk, why can't it be stored in building; neighbors have been complaining about the site; I:Flamme said he would clean up the site. Mayor Knight asked about the adjacent furniture repair business. The hearing was closed. Councilman Harrison observed that all the commission's requests were listed in the conditions for approval; if approved, it would be acted on sooner; he moved to approve the special permit with conditions in staff report and additional conditions that landscaping be provided and maintained on each side at the front of the lot; there be a fire inspection and the trailer and mobile home be removed within 14 days. The motion was seconded by Councilwoman O'Mahony and it carried unanimously. Counciknan Harrison asked if we can do something about the site next door. Staff explained there are three code enforcement actions pending on sites on this frontage on Rollins Road at this time. This is the frst to come to hearing. Council also asked that fire inspections be conducted. PUBLIC HEARING - SECOND READING OF ORDINANCE 1532 AUTHORIZING ISSUANCE OF PARKING CITATIONS BY EMPLOYEES OF PI]BLIC AGENCIES City Attorney reviewed his memo of August l0 which recommended council hold a public hearing and take action. At the last meeting council introduced an ordinance to allow the Police Chief to appoint public agency personnel to issue parking ciations on the property they patrol. He changed the wording of the ordinance to delete "security personnel" and change to'employees.' Vice Mayor Pagliaro confirmed that only persons approved by the Police Chief could issue citatiom. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1532 with the change mentioned above. Seconded by Councilman Spinelli and carried unanimously. PUBLIC COMMENTS Angelo Delacasa, resident, spoke about drug dealing in his neighborhood which is a more important matter than smoking. He also told about difficulty for pedestrians in crossing Peninsula at Bancroft where there is a crosswalk; cars travel too fast and won't stop for pedestrians. Council asked about responsibility for Peninsula Avenue which is half Burlingame, half San Mateo; Councilman Spinelli suggested the speed trailer be used on the street. REVIEW OF AMUSEMENT PERMITS: (1) GRANDVIEW RESTALJRANT. 1107 HOWARD: (2) BOBBY MCGEE'S RESTAURANT. 150 ANZA City Attorney reviewed his memo of September 8 which recommended council review and take action on amusement permits; council received a request to delay action on the Burlingame Station Microbrewery until the next meeting when representatives could be present. Council set review of Burlingame Station for October 2. Regarding Grandview Restaurant, 1107 Howard; there have been no calls for police service and he recommended renewal until June 1996. Regarding Bobby McGee's Restaurant, 150 Anza; there have been only two calls in three months which is remarkable for such a large establishment; he recommended renewal until June 1996. Representatives were present but declined to comment, Council commended Bobby McGee's representatives. 3B,4 Councilwoman O'Mahony moved renewal until June 1996 for Grandview and Bobby McGee's. Seconded by Councilman Harrison and carried unanimously. STATUS REPORT ON UNREINFORCED MASONRY ruRM) RETROFIT COMPLIANCE Public Works Director reviewed his memo of September 8 which recommended council review the status report and direct staff. In 1990 the city adopted the URM ordinance which requires owners of URM buildings to make structural modifications to meet minimum standards for earthquake safety; owners were to submit plans by lanuary 1, 1995 and are to have completed construction by June 30, 1996. Staff is pleased with compliance obtained; the owners who have not complied still have time to meet the June 30, 1996 date. Staff suggested council review the status again in January 1996 and possibly take action at that time. He noted there are two buildings which have taken no action yet, one is the "Garden Center, " an historic building. Councilman Harrison said he spoke to the owner of the Garden Center who said plans have been drawn. Vice Mayor Pagliaro asked about the 950 Broadw ay ll2l2 Rollins business; staff responded both addresses iue on one parcel. Vice Mayor Pagliaro agreed it's wonderful so many have comptied, but some have not and our ordinance says they must all submit plans by lanuary I,1995. He asked staff to send a lefter regarding this violation of law and that if they did not submit plans within 30 days council would consider the status of their occupancy permits. Mayor Knight said she had pictured placing a red sign at the entrance of non-compliant structutes stating anyone entering such a building did so at their own risk. Councilwoman O'Mahony thought the letter would be more effective. Vice Mayor Pagliaro moved to issue such a letter to owners who have not submitted plans telling them that they had 30 days in which to comply. Seconded by Councilwoman O'Mahony and carried unanimously. CANCELLATION OF STUDY MEETING OF SEPTEMBER 20. 1995 A D OPERATION OF THE WASTEWATER TREATMENT PLANT Public Works memo of September 6 recommended council approve Amendments I and 2 of the Agreement with Wheelabrator-EOS for the maintenance and operation of the Wastewater Treatment Plant. The amendments are to (l) amend the BOD and TSS loading values to accurately represent plant characteristics at no change in cost, and (2) to include sludge disposal. On August 31 three proposals were received from firms specializing in sludge hauling, the low bidder was WEOS BIO-GRO with a discounted bid of $18.46 per ton if the contract is added to the WEOS contract. The annual cost is $79,748 for the first year. RESOLUTION 76-95 AWARDING CONTRACT FOR EL CAMINO REAL SEWER REHABILITATION - CP 95IO Public Works memo of September 12 recommended council award this project to Shaw Pipeline in the amount of $154,540 to construct a new sewer line on El Camino from Hillside to Easton. b Council unanimously concurred in canceling the Study Meeting of September 20, 1995- CONSENT CALENDAR a. 3Bs c ARDIN Public Works memo of September 12 recommended council approve an agreement awarding the work to Dewey Pest Control in the amount of $16,548. d. ENCROACHMENTPERMITFORFENCE AT2133POPPYDRIVE Public Works memo of September 8 recommended council approve an encroachment permit subject to conditions for a six foot tall fence with one foot lattice on top which encroaches two feet into the city right-of-way. e City Attorney's memo of Septemb€r 8 recommended council deny this claim for damage to a vehicle when a pine cone fell and broke the rear windshield. Finance Director recommended approval of Warrants Number 39884 - 40245, duly audited, in the amount of $1,532,076.80 and Payroll Checks 78880 - 79625 for the month of August, 1995 in the amount of $1,286,432.00. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. Councilwoman O'Mahony reported on the County Investrnent Committee. Councilman Spinelli told about Airyort Roundtable activities. Vice Mayor Pagliaro talked about the CCAG meeting, BART and Caltrain; CCAG is very supportive of Caltrain; he presented to the City Manager a financial report on SamTrans. Councilman Harrison told about SAMCEDA meetings; Convention Bureau will be staying in Burlingame; Lions Citizen of the Year Award went to Senior Commissioner Clara Crook at the Community Picnic. Councilwoman O'Mahony thanked the Recreation Director for the wonderful Community Picnic. Mayor Knight told about school liaison meetiag; JPB meeting and Airport Commission meeting; and AYSO soccer opening day. She noted that the Emergency Service Council has changed its meeting time to 5:30 p.m. and that Councilman Spinelli was unable to attend at that time. Staff will infomr Emergency Services that nobody from Burlingame can attend. OLD BUSINESS Vice Mayor Pagliaro asked about the report he requested on Alamo landscaping. City Manager explained it would be presented at the next meeting. Mayor Knight told about conversation with the lady who wrote letter objecting to leaf blowers and air pollution. She also received a thanffirl note from a resident for street light repair by PG&E. She told about the attractive railroad grade separation in San Carlos and wondered if that type of grade separation could be done in the Broadway area. Staff responded our city is still on the Measure "A" funding list for such a project, but funding is for only $13 million of a $40 million AND DRAINAGE AREAS - CP 917 DENIAL OF CLAIM OF ILONA HOLLAND f. WARRANTS ANDPAYROLL COUNCIL COMMITTEE REPORTS 386 cost; also noted we would have to get on the PUC list for such a project. Staff will make a report in the near future. NEW BUSINESS Vice Mayor Pagliaro mentioned letters from Art Campbell about lack of response to his previous letter complaining about receiving a traffic ticket; from Jesse Montalvo regarding street lights; and from James McGovern about landslide repairs. Staff will provide information to council on the McGovern letter. ACKNOWLEDGEMENTS a. Commission Minutes: Planning, September 11, 1995. b. Deparfinent Reports: Building, August 1995; Treasurer, August 31, 195. c. Letter from Betty May regarding garage sale signs and shopping carts. d. lrtter from Mike Thompson regarding need for a stop sign and crosswalks at Ray and Davis Drives. CLOSED SESSION At 9:15 p.m. Mayor Knight adjourned to a Closed Session for a conference with the City Manager on AFSCME labor negotiations. The meeting reconvened at 9:22 p.m. APPROVAL OF NEGOTIATED LABOR AGREEMENT WITH AFSCME Council unanimously approved the AFSCME labor agreement for a period from July 1, 1995 to June 30, 1997 with salary increases of 3 percent the frst year and 2.5 percent the second year plus a deferred compensation incentive. ADJOI.JRNMENT Mayor Knight adjourned the meeting 9:23 p.m. Judith A. City Clerk