HomeMy WebLinkAboutMin - CC - 1997.04.07BURLINGAME, CALIF'ORNIA
April 7, L997
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 Police Chief Palmer
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of March 19, 1997 were approved unanimously.
PUBLIC HEARING - AMUSEMENT PERMIT FOR 'THE ALIBI BAR' AT 220 LORTON
The City Attorney reviewed his memo of March 31 which recommended council approve an
application for occasional entertainment at The Alibi Bar. The Tangs, new owners of this business
formerly known as the Stardust, are remodeling and plan to have an occasional disc jockey or
musicians. They state there will be little advertising of the entertainment. The owners and manager
have met with police. He recommended approval subject to conditions listed in his staff report.
Councilwoman Knight asked if ABC training of bartenders had been discussed with the applicants
Police Chief responded that it is usually discussed with applicants. It was noted that other
applications have included requirements for early "last call" which is not included here. Vice
Mayor Spinelli asked about residential units near this location. Staff responded there are several
nearby, have never received complaints from them, adjacent property owners were notified.
Mayor O'Mahony opened the public hearing. The manager, Tina Babaie, responded to council
questions noting she has worked in Burlingame for a long time, new bartenders will be required to
take ABC training. There were no other comments and the hearing was closed.
Councilman Harrison moved to approve the permit with conditions in staff report and an additional
condition that the "last call" for drinks be at 1:20 a.m. Seconded by Councilwoman Janney and
carried unanimously.
ADOPTION OF ORDINANCE 1568 TO PLACE A YIELD SIGN ON THE CHAPIN LANE
The City Attorney reviewed his memo of April 1 which recommended council hold a public
hearing, adopt the ordinance and direct the city clerk to publish the ordinance within 15 days. In
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response to a neighborhood request and staff concurrence, council introduced this ordinance on
March 19. Further reading of the ordinance was waived at that time.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed
Councilman Harrison moved to adopt ORDINANCE 1568. Seconded by Councilwoman Janney and
carried unanimously.
PUBLIC COMMENTS
Joe Karp, local businessman and resident, said the Karp family would like to offer the city a
donation of $1,000 ayeff for three years, or more if necessary, to implement a "safe streets" event
for Halloween; he envisioned a street such as Chapin Avenue between El Camino and Primrose, or
Howard Avenue, as ideal locations; he hoped the local service clubs would match the donation. He
had seen such a program in Foster City during Halloween last fall and it was very successful'
Mayor O'Mahony thanked him and said council would take his offer under advisement.
The City Manager reviewed his memo of April 1 which recommended council accept the Broadway
BID Annual Report and adopt the Resolution of Intention setting a public hearing for May 5, 1997.
The BID proposes no changes in the boundaries, assessments or classifications for 1997-98. A
notice wltt Ui published in the newspaper advertising the public hearing. The current BID has a
sunset of June 30, 1998.
Councilwoman Knight noted she was very pleased with the Broadway BID; she hoped no merchants
came forward to protest the establishment as they had done in the past; there seemed to be some
confusion about the procedure. Staff reviewed the process noting there are always new merchants
unfamiliar with process; there will be a public notice published about this hearing and there is no
requirement to notify every Broadway merchant. Next year when the BID "sunsets" they will all be
notified individually.
Councilman Harrison moved to accept the Annual Report and to adopt RESOLUTION 26-97 setting
a public hearing on May 5,1997 for establishment of the L997-98 Broadway BID assessments'
Seconded by Councilwoman Janney and carried unanimously.
2504 AND 2506 POPPY DRIVE
City Manager suggested council consider the letter from Otto Miller and Kurt Steil requesting a
refund of $1915. The City Attorney and the Chief Building Inspector had attached memos regarding
the request. Kurt Steil addressed the council and said they are requesting this refund because the
city enacted an urgency ordinance which made their initial set of plans unusable; he did not think it
fair to be charged for checking those plans.
After some discussion, Councilman Harrison moved to uphold the fees and deny the request for a
refund. Seconded by Vice Mayor Spinelli and carried unanimously.
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April 7 , 1997 132 Burlingame City Council
I
a.
SUMMARY OF DRAFT EIS/EIR FOR THE CALTRAIN DOWNTOWN SAN FRANCISCO
EXTENSION PROJECT CONCEPTUAL DESIGN
The City Planner reviewed her memo of April 2 which recommended council review the Draft
EIS/EIR and determine whether it wants to comment. One impact to our city would be overhead
electrical lines if the entire train service is electrified. Another is that additional parking would be
needed in Burlingame at the Broadway Station area to offset shortages at the Burlingame Avenue
and San Mateo Stations. The deadline for comments on this document is May 12, 1997.
Council discussed briefly. Vice Mayor Spinelli said he would like to send a letter of support to the
JPB stating we had no comments on the report. Council concurred.
CONSENT CALENDAR
Public Works Director called attention to an error in the staff report for item "i" in which one
condition should be to get an encroachment permit not a building permit. Vice Mayor Spinelli
asked about the Chamber of Commerce request, item "8-f-4," for free parking during holidays and
he would like the merchants to waive the free parking request; he thought parking was more
available since we instituted parking charges and moving back and forth from free to pay parking
would cause confusion. Councilman Harrison said he would be meeting with the Chamber and will
discuss council concerns with this issue. After some discussion, council removed 8-f-4 for action at
the next meeting. Mayor O'Mahony also asked about use of the Broadway holiday decorations on
Burlingame Avenue.
RESOLUTION 27-97 SUPPORTING THE CONTINUANCE OF THE FEDERAL INTER-
MODAL SURFACE TRANSPORTATION EFFICIENCY ACT OSTEA)
City Attorney's memo of March 31 recommended council adopt this resolution in support of
continuing the ISTEA funding program. ISTEA has been the primary means of providing
federal funding for local transportation projects in the past few years; it returns 90 percent of
the federal gas taxes to the citizens and gives local government control over how those
dollars are spent. In Burlingame, these funds helped build the Beach Road Bridge, the
Broadway Interconnect and rebuild Airport Boulevard.
RESOLUTION 28-97 SUPPORTING PRESERVATION OF MEASURE 1 FUNDING AND
ESTABLISHMENT OF AN EOUITABLE SYSTEM OF SEISMICALLY RETROFITTING
BAY AREA TOLL BRIDGES WHILE ACCOMPLISHING MEASURE 1 IMPROVE-
MENTS
City Attorney's memo of March 28 recommended council adopt this resolution in support of
preservation of Measure 1 Funding. In 1988 Bay Area voters approved Measure 1 which
established a standard $1 toll for each of the Bay Area toll bridges. There is concern the
state will divert these funds to seismic retrofitting.
c RESOLUTION 29-97 RENEWING COOPERATIVE AGREEMENT WITH SAN MATEO
COUNTY FOR REHABILITATION LOAN PROGRAM SERVICES
City Planner's memo of March 25 recommended council approve an agreement renewing for
three years the city's cooperative agreement with the County to administer the Rehabilitation
b
Burlingame City Council 133 Aprtl7, 1997
d
Loan Program. In the past, the program has provided $140,132in loans for low and very
low income residents of Burlingame.
RESOLUTION 30-97 DECLARING NOXIOUS AND DANGEROUS WEEDS AND RUB-
BISH A NUISANCE IN ACCORDANCE WITH CITY CODE CHAPTER 11.08 AND
ORDERING A PUBLIC HEARING TO BE HELD ON MAY 19. 1997
Public Works memo of April 2 recommended council adopt this resolution setting a public
hearing for May 19 for the 1997 Weed and Rubbish Abatement Program on public and
private property. Property owners will be notified to abate their weeds and rubbish and any
property owners objecting to such proceedings will be heard at the public hearing. Work
authorized by the city to remove weeds and rubbish on private propefty will be paid for by
liens assessed with the tax roll in July 1997.
INTERNATIONAL
City Attorney's memos of March 26 recommended council reject the claims for (1) arrest at
a tiaffic stop for failure to appear for another traffic citation and (2) for an unsubstantiated
sewer backup.
City Manager's memo of April 1 recommended council approve requests for several events
subject to meeting the police department conditions and providing insurance coverage
appioved by the -ity attorney. The events are: (1) the annual Burlingame Avenue Merchants
sidewalk sales on April 25 & 26 and August 22 & 23; (2) the Community Picnic on October
5; (3) Art on the Avenue on September 20 & 2I;
p**irg-tlreld over to next meeting) and decorations and (5) the Holiday Open House on
December 5, 1997.
public Works memo of April 1 recommended council approve sending the Assistant Public
Works Superintendent to the American Water Works Association annual conference in
Atlanta, Georgia in June.
L1e
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h.R
Public Works memo of March 31 recommended council approve this permit subject to
conditions.
EASEMENT AT 1512 LA MESA LANE
Public Works memo of April 1 recommended council approve this permit subject to
conditions"
1
Aprll T, 1997 t34 Burlingame City Council
f. APPROVE CHAMBER OF COMMERCE EVENTS FOR 1997
l.
ENCROACHMENT PERMIT FOR TWO BRICK COLUMNS AND AN IRON GATE AT
1921 HILLSIDE DRIVE
Public Works memo of April 1 recommended council approve this permit subject to
conditions.
k RESOLUTION 31.97 ADOPTING STATE DISADVANTAGED BUSINESS ENTERPRISE
PROGRAMS AND GOALS
Public Works memo of April 1 recommended council adopt this resolution for the State
Disadvantaged Business Enterprise Programs and Goals. In accordance with federal law the
city must review its Disadvantaged Business Enterprise Program and Goals annually in order
to receive federal funds for projects.
Councilman Harrison moved approval of the consent calendar, except to continue item "8-f-4"
regarding free parking during holidays. Seconded by Councilwoman Janney and carried unanimous-
ly. Councilwoman Knight noted she would like the "Art on the Avenue" event to reflect her
negative vote because of her objection to sale of alcoholic beverages on the street at this event. She
wondered how much city staff time is involved in this event and also in the holiday open house and
how much Chamber time is involved.
Vice Mayor Spinelli reported on the Airport Roundtable. Councilman Harrison would be meeting
with the Chamber and with Community Picnic committee. Councilwoman Janney reported on
CMAC. Councilwoman Knight attended a PTA Council meeting, legislative breakfast, JPB and the
Lions Club Easter Egg hunt and breakfast. Councilwoman Janney said there had been two
wonderful events over the weekend, the BCE dinner and the "Taste of the Town" event. Mayor
O'Mahony had attended those events, and went to CCAG, SFO informational meeting and the Lions
Club event. She noted Burlingame was on television twice on Sunday for the Channel 2 "Our
Town" segment and the Lions Club Easter event was reported on Channel 7 news. Councilman
Harrison noted a videotape from the Chamber of Commerce of the "Our Town" segment is available
in the City Clerk's office.
OLD BUSINESS
Vice Mayor Spinelli had learned there is bike trail funding "floating around" at CCAG, they need to
allocate these funds; he asked about applying toward our bike trails projects. Staff responded that
those funds must be used for commuter trails but we can look into it. Council noted the Broadway
overpass might qualify as a commuter trail.
NEW BUSINESS
Vice Mayor Spinelli asked about residents wish for a dog run park near Skyline. Staff noted the
Parks & Recreation Department is working on this idea.
Mayor O'Mahony scheduled an appeal hearing on April 23 fot a height variance at 131 Costa Rica
Burlingame City Council 135 April 7, 1997
j
a
b
Councilman Harrison expressed concerns about commissions directing staff to do reports and
studies. He would like the City Manager to write a letter giving some direction or job descriptions
to the commissions about their duties; they are advisory bodies. He moved that commissioners be
notified that it is their responsibility to advise council not give staff direction. Seconded by Council-
woman Janney. The motion carried unanimously. Councilman Harrison noted this would not apply
to the Planning Commission which is governed by State law. Councilwoman Knight mentioned the
commissions discuss items without the applicant being present, prior to action after action and they
move items around on the agenda.
Councilwoman Knight recalled seeing a very rowdy group of people on Burlingame Avenue who
had obviously been drinking and were lounging about at window ledges, tables and chairs, impeding
and intimidating pedestrians on the sidewalk and yelling at cars going past. She wondered if the
restaurants should be curbing this type of behavior. Staff said the police should be called and noted
this is a violation of ABC laws which prohibit serving alcohol outside. Staff can send a letter
calling this to their attention. Staff noted tables and chairs are allowed by encroachment permits and
can be regulated. Councilman Harrison asked the police department's bike patrol to check this.
Commission Reports: Beautification, March 6; Park and Recreation, March 20; Senior,
March 20; Traffic, Safety and Parking, March 13; Planning, March 24, 1997.
Proclamations: National Volunteer Week, April 13-19; Professional Secretaries Week &
Day, April20-26; Older Americans Month, May 1997 .
c. Building Department Report of March 1997.
d. Letter from student Ben Jones regarding the Eucalyptus trees on El Camino.
CLOSED SESSION
At 8:06 p.m. Mayor O'Mahony adjourned to a Closed Session to confer with the City Manager and
City Attorney regarding (a) Pending Litigation (Gov't Code $54956.9[A]), State of California et al
vs Rosendin Electric, San Francisco Superior Court Case no. 880011; and (b) Labor Negotiations
(Gov't Code $45957.6) regarding unrepresented full-time employees.
AND ROLF KAHLBENN
The meeting was reconvened at 8:18 p.m. Mayor O'Mahony sadly noted the recent deaths of
several people: Dixon Scoffern, father of city employee Lynn Scoffern; Robert W. Gates, distin-
guished citizen and local businessman, whose family once lived in our train station; Saul Ross, local
attorney and friend of Councilman Harrison; and Rolf Kahlbenn, resident and friend of Mayor
O'Mahony. After a moment of silence in their memory, the meeting was at 8:20 p.m
Judith A. Malfatti
City Clerk
April 7, 1997 136 Burlingame City Council