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HomeMy WebLinkAboutMin - CC - 1997.01.22BURLINGAME, CALIFORNIA January 22,1997 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 7:00 p.m. by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Fire Chief Malcolm Towns ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 6, L997 , were unanimously approved Mayor O'Mahony changed the order of the agenda to accommodate the travel schedule of Susan Adams who was in attendance as representative of Pacific Cable Television. PUBLIC HEARING - PROPOSED TRANSFER OF CABLE TELEVISION FRANCHISE TO TCI - INTRODUCTION OF ORDINANCE 1566 City Manager reviewed his memo of January 15, which recommended council hold a public hearing and introduce ordinance transferring the cable television franchise with Post-Newsweek Pacific Cable to TCI American Cable. On November 25, 1996, Pacific Cable requested franchise transfer to TCI through Post-Newsweek, Inc. The appropriate FCC forms were submitted detailing TCI's qualifications. An outside consultant retained by the city assisted with evaluation of the transfer and pending franchise renewal. The current non-exclusive franchise expires June 24, 1997. Under federal law and municipal code, the city has limited discretion to deny franchise transfer or renewal based on specific standards. Based on rate complaints filed by residents of 1110 Bayswater, a major area of concern is a pending rate refund order from the FCC which Post-Newsweek appealed. After review, the consultant reported that the proposed transfer agreement is conditioned so that TCI would be required to make any refunds that are ordered if Post-Newsweek fails to do so. Mayor O'Mahony asked the City Manager for an explanation of the rate complaint filed by the Bayswater residents. Councilman Spinelli asked whether franchise fee was based on the cable rate or a flat rate, and the city would be required to rebate any funds. City Manager explained the franchise fee was based ot3% of gross revenue, and a credit rather than a rebate may be required of the city. Councilman Harrison inquired if the ordinance would provide for reimbursement of the costs the city incurred for consultant fees. CM stated that the ordinance does not provide for a reimbursement of 100 costs. Councilwoman Knight asked about time line for transfer of franchise Mayor O'Mahony opened the public hearing. There being no comments, the public hearing was closed. Councilman Harrison moved to introduce Ordinance 1566, seconded by Councilwoman Janney and carried 5-0 on roll call vote PUBLIC HEARING - SECOND READING ORDINANCE 1565 - LIMITING DEMOLITION. REOUIRING REVIEW OF SPECIFIED CONSTRUCTION IN RESIDENTIAL ZONES. AND REOUIRING REVIEW OF NEIGHBORHOOD COMPATIBILITY City Planner reviewed her staff report of January 10, 1997 , which recommended council review ordinance and hold a public hearing. Since October council has been discussing the issue of over- built residential lots with respect to review of projects for neighborhood compatibility and limits on demolition of residential structures; existing buildings and their additions should be consistent with existing structures and the neighborhood. The proposed ordinance for adoption addressed demolition and neighborhood compatibility review for all residential districts (R-1, R-2, R-3, and R-4). The City Planner summarized the items in the ordinance, noting an issue regarding minimum house size for requiring a minor modification and that if the number were to be changed, the ordinance would have to be reintroduced. Councilman Harrison stated he was not in favor the ordinance as written. He felt the four residential districts should be addressed separately. Mayor O'Mahony opened the public hearing. Planning Commissioner Jerry Deal, 1228 Paloma, addressed council on a number of concerns with regard to the ordinance: Planning Commission has not reviewed the ordinance; questione d the 35% review line and felt number should be changed because most new development occurs on 5,000 and 6,000 square foot lots, where 55 % does not work; mentioned the periodic necessity of review boards because it is hard to quantify all aspects of design, but architectural reviews can "open a can of worms"; wording should differentiate between new construction and existing building; existing buildings and their additions should be consistent with the existing structure, not the neighborhood; single-family and multiple-family residential districts should be addressed for compatibility separately; ordinance as written needs much clarification; is not ready; anticipates a lot of single-famity Uuitding activity this summer; maybe multiple-family can be separated out. Councilwoman Knight thanked Commissioner Deal for his comments and felt he presented a good case for referral to the planning commission. She would hold off on adopting ordinance as written at present time. Mayor O'Mahony appreciated the excellent points made by Commissioner Deal in his presentation. There were no further comments and the public hearing was closed. Councilman Harrison concurred with Councilwoman Knight that the ordinance should be sent to the planning commission for study and reiterated the need for two separate ordinances for single-family and multiple-family residential districts. Councilman Spinelli agreed with Councilman Harrison and Burlingame City Council 101 January 22,1997 expressed surprise that ordinance was not reviewed by the planning commission and should be referred to them. Councilwoman Janney concurred with the comments made and would also like to see the single-family and multiple-family residential districts handled separately. Mayor O'Mahony concurred with other council members. She is concerned about bulk and also about having the single-family and multiple-family treated the same. She noted that a person's home is their haven. They do many things at home, including work. She felt there was much additional work to be done on this ordinance. Councilman Harrison moved the concept of the ordinance be referred to the planning commission along with the comments made by council in the past several meetings. Seconded by Councilwoman Janney and carried 5-0 on roll call vote. PUBLIC HEARING - RESOLUTION 5-97 APPROVING THE 1997 CITY OF BURLINGAME URBAN WATER MANAGEMENT PLAN public Works Director reviewed his memo of January !4, t997, which recommended council hold a public hearing and adopt resolution approving the t997 City of Burlingame Urban Water Management ptun. The State Urban Water Management Act requires water purveyors to update urban water management plan every five years. The city staff and consultant, Stetson, have updated the 1991 plan priorio the Fibruary 15, lggT , submittal deadline. Public Works Director summarized the plan's t igt tigtt, and, with the assistance of consultant William Roman, answered council questions. Councilman Harrison asked about the Tri-City project. Councilwoman Knight inquired about the use of reclaimed water for landscape irrigation. Mayor O'Mahony asked about the delivery route for the water supply. Mayor O,Mahony opened the public hearing. There being no corlments, the hearing was closed. Councilman Harrison moved to adopt Resolution 5-97 approving the 1997 City of Burlingame Urban Water Management plan. Seconded by Councilman Spinelli and carried unanimously on voice vote. PUBLIC COMMENTS - None police Chief reviewed his staff report of January lO, 1997, which recommended council review the applicant,s amusement permit and continue the previously imposed conditions for 90-day review. He noteA the employees of Moon Mcshane's are doing an adequate job of adhering to the conditions of the permit. However, the persistent problem still exists; some patrons of the establishment urinate in the public parking lot across the street. Neighboring merchants have complained about various types of vandalism and, in some cases, enforcement action was taken. Councilwoman Knight commented on the possible need for public restrooms in the downtown area. police Chief stated the establishment is in compliance with building code with regard to restroom requirements. He noted that the establishment is very popular and they may be victims of their own success. January 22,1997 102 Burlingame City Council Tom Collins, representing Moon McShane's, explained to council that his establishment has attempted to be proactive in remedying the stated problems; i.e. giving early last call to patrons, encouraging patrons to use restrooms inside establishment, stationing employees outside at closing to evaluate condition of patrons and calling for taxis when needed. Councilman Spinelli stated the problem appears to be outside of the establishment's control. He moved to extend the amusement permit for 90-day review/renewal basis. Councilwoman Janney seconded the motion and carried 5-0 on voice vote. AMUSEMENT PERMIT REVTEW - (2) TAVERN GRILL. 1448 BURLINGAME AVENUE Police Chief reviewed his staff report of January 9, 1997 , which recommended council review the applicant's amusement permit and, at a minimum, renew the original conditions plus four additional conditions listed. He noted this establishment causes continual concern for the police department because there is a persistent problem of overcrowding, serving alcoholic beverages to intoxicated patrons, and of primary concern, the failure of Tavern Grill employees to notify police of problems. Mayor O'Mahony was appalled by the incidents noted in the staff report. Councilwoman Knight stated she was shocked by the report and inquired about the effect of denying the amusement permit but allowing restaurant and bar. Of particular concern to Councilwoman Knight was this type of conduct within close proximity to a residential area and the safety of Burlingame residents. She requested clarification with regard to conditions of permit. City Attorney explained that suspension of the amusement permit would only affect the entertainment at the establishment, the State Alcoholic Beverage Control Commission has most clout over license to sell alcohol. Tim Harmon, Tavern Grill partner, addressed council stating he was extremely concerned about problems. He read a list of items to remedy problems at Tavern Grill: limit occupancy to 155 (actual limit is 160) allowing for margin of error; increase the number of doormen; increase salary of doormen; obtain uniforms for doormen; establish stricter line control; last call for drinks changed to 1:10 a.m.; stricter dress code; weekly staff meetings; monthly managers' meetings; ABC training for employees; maintain daily log of incidents; reduce live music from 4 to 3 nights per week. Councilman Harrison commented on the need to change employee procedure for notiffing police of problems and inquired about investigation being conducted by the State ABC. Councilman Spinelli asked if any further incidents have occurred at this establishment since preparation of staff report. Councilwoman Knight commented on encouraging regular meetings of owners of establishment with police department. Council discussed adding the need to return to council for review if any of the four new conditions were violated; decided not to add requirement except as suggested by police department. Councilman Harrison moved to renew amusement permit for 90-day review with four additional conditions, adding a 1 a.m. last call requirement. Seconded by Councilwoman Knight and carried 5-0 on voice vote. Burlingame City Council 103 January 22,1997 COMMISSIONER TERM EXPIRATIONS City Manager reviewed his memo of January 6, 1997,listing commissioners whose terms expire in the coming month. Councilman Harrison noted that three of the listed commissioners have served only one term and one has served only two terms. He moved to reappoint all four commissioners: Vera Hamrock and Catherine McCormack to Senior Commission, and Jerry Deal and John Wellford to Planning Commission. Seconded by Councilwoman Knight and carried 5-0 on voice vote. CONSENT CALENDAR a. RESOLUTION 6-97 AUTHORIZING SIGNATURES FOR APPLICATION FOR DISASTER FUNDS. NEW YEARS DAY STORM Finance Director's memo of January 7 , 1997 , recommended council approve resolution authorizing signatures for State Office of Emergency Service Documents. b. RESOLUTION 7-97 DENYING APPEAL OF PLANNING COMMISSION DECISION DETERMINED BY PLANNING COMMISSION: 625 BURLINGAME AVENUE City Attorney's memo of January !5, 1997 , recommended council adopt resolution making findings as determined by the council at the January 6, 199'7 , meeting. c. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants Number 47508 - 47962, duly audited, in the amount of 91,602,017.61; and Payroll Checks 921t5 - 92844 for the month of December 1996 in the amount of $1,197,749.91. d. INVESTMENT POLICY Finance Director's memo of January 8, lgg7, recommended council approve the policy fot 1997 . LOYOLA public Works Director's memo of January 7 , 1997 , recommended council approve special encroachment permit for entrance columns at 1838 Loyola Drive in accordance with drawing and standard permit conditions Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously on voice vote. COUNCIL COMMITTEE REPORTS Councilwoman Knight attended Transportation Authority, C/CAG, Criminal Justice Council, and e January 22,1997 Burlingame Ciry Council104 Legislative Committee of Council of Cities. Councilman Spinelli attended Airport Roundtable. Councilman Harrison attended Chamber of Commerce installation and noted upcoming San Mateo County Convention and Visitors Bureau installation luncheon. Mayor O'Mahony attended C/CAG where bicycle pathway was discussed and requested the C/CAG item be placed on future council agenda. She also attended the Peninsula Chapter Conference of Building Officials; she requested a proclamation of commendation be prepared for Burlingame's chief building official who was installed as president of the chapter. OLD BUSINESS Mayor O'Mahony reported she spoke with two of the three commissioners who had missed more than one-third of commission meetings during 1996. She mentioned that one commissioner recommended council appoint young people to serve on the library board. NEW BUSINESS Councilman Spinelli noted he would be unable to attend study meeting scheduled for February 12. City manager replied that no agenda items had been set for that meeting, and council recommended canceling the February 12 study meeting. Councilman Harrison thanked PG&E representative Rosie Picchi, in the audience, for keeping electricity on during the evening's storm. ACKNOWLEDGMENTS a. commission Minutes: Beautification, January 2; planning, January 13, 1996. b. Department Reports: Police, November and December, 1996; Building, December L996; parks and Recreation, 2nd Quarterly Report; Treasurer, December 31. c. ktters from citizens, and copy of a letter from Caltrans to Senator Kopp, regarding Caltrans' proposed removal of trees on El Camino. d. Letter from Garden Cafe regarding extension of the moratorium on relocation of restaurants and about take-out food establishments. e. ktter from Martin kiberman regarding poor condition of street light system in Burlingame Village area. city Manager noted that public works department had responded to letter. f. ktter from Maureen Nerlie regarding the 2500 Poppy site. g. ktter from Doug McGeorge regarding various city issues. h. ktter from City of Half Moon Bay requesting support for immediate funding for the Devil's Slide Burlingame City Council 105 January 22,1997 Tunnel Mayor O'Mahony suggested this be placed on future council agenda I. lrtter from Senior Commission Chairman Jones submitting a draft redefinition of the Commission's role. Council requested this item be placed on future agenda and follow up with Chairman Jones. j. Letter from H. John Lahlouh, Color Copy Printing, regarding the many potholes on Adrian Road CLOSED SESSION At 8:49 p.m., council adjourned to closed session to confer with the City Manager and City Attorney regarding (1) labor negotiations with AFSCME, and (2) litigation, City of Burlingame v. Interstate laving & Grading Inc. - San Mateo County Superior Court Case No. 392910. Closed session ended at9 04 p.m. and no action was taken. ADJOURNMENT IN MEMORY OF ANN GIORGI Mayor O'Mahony observed a moment of silence, sadly noting the recent death of Ann Giorgi, mother of Carol Tanzi. The meeting was adjourned at 9:04 p.m. vmw lB:\1-22-97.MTGl Judith A. Malfatti City Clerk January 22,199'7 106 Burlingame City Council (