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HomeMy WebLinkAboutMin - CC - 1997.09.04BI,]RLINGAME, CALIFORNIA September 4,1997 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 Teresa Adam, local business woman ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Special Joint Study Meeting of August 4, 1997 were unanimously approved. The minutes of the Regular Meeting of August 4, 1997 were approved after an addition by Councilwoman Knight on page 11 where she had spoken about the "Burlingame Community Theater. " APPEAL FOR 1656 LASSEN - WITHDRAWN BY APPLICANT The Mayor arurounced the applicant had withdrawn this appeal. PUBLIC HEARING - SECOND READING OF ORDINANCE 1576 ESTABLISHING A 25 CENTS PER HOUR RATE FOR ALL TWO-HOUR PARKING METERS ON THE SIDE STREETS OF THE BURLINGAME AVENUE BUSINESS DISTRICT - CP 9511 The City Attorney reviewed his memo of August 26 which recommended council hold a public hearing and adopt this ordinance establishing a 25 cents per hour rate for Burlingame Avenue Business District side streets and instruct the Clerk to publish a sulnmary of the ordinance. On August 4 council adopted an ordinance changing one hour parking zones to two hour on side streets of the Burlingame Avenue Business District. At the same time council introduced this ordinance to establish 25 cents per hour rate for two hour meters. Public Works Director noted a correction in the staff report. Staff responded to council questions and comments. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed Councilman Harrison moved adoption of ORDINANCE 1575. Seconded by Councilwoman Janney and carried unanimously by voice vote. PUBLIC HEARING - SECOND READING OF ORDINANCE 1578 ALLOWING PLANNING COMMISSION TO TAKE ACTION BY A MAJORITY OF MEMBERS PRESENT City Planner reviewed her memo of August 26 which recommended council hold a public hearing and 208 adopt this ordinance changing the Planning Commission majority necessary for action. The current requirement for action by the commission is four votes. This ordinance will change it to a majority affirmative vote of the qualified commissioners but in no case less than three votes. She noted no other commission is required to have four votes to act in simple procedural matters such as the agenda and adjournment. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1578 and said the bullet comments made by the Planning Commission and sent to council obviously answered any questions council had had. Seconded by Councilwoman Janney. Councilwoman Knight commented that she appreciated the memo from the Planning Commission included in this packet and though she had some misgivings and voted against the introduction, she would support the ordinance. Vice Mayor Spinelli agreed and noted the ordinance wasn't really clear to him at the last meeting. The motion carried unanimously by voice vote. PUBLIC COMMENTS Mayor O'Mahony said a notice had been posted on El Camino that there was a meeting tonight about trees. She reviewed the process over the past nine months where the city has had many meetings with Caltrans regarding the tree removal proposal; there had also been a public meeting in May and only 17 citizens attended. Lois Perry, resident on El Camino, and her daughter Keithann of San Mateo, spoke in favor of some tree removals, not all but some; it is difficult to get onto El Camino because of the trees blocking visibility and creating traffic danger; a resident of 1425 Bellewe; Mark Abdilla , El Camino; Will McGowan, Beautification Commissioner; Jackie Fellati, El Camino; Steve Tang, 1617 Sanchez; Ernie Maura, 1475 Lincoln; Cathy Baylock, 1527 Newlands; Bob Teal, 1433 Edgehill; Tom Mclnerny, 1404 Floribunda; a resident of 1326 El Camino; resident on Walnut; another resident; Joe Freschi, El Camino; and a resident of Hillsborough. Their comments: trees should be designated historical, then could be preserved from Caltrans under state and federal laws; more than 25-36 trees have been removed, not 10 as test plan proposed; should have controls on traffic rather than remove trees, no right turn on red lights; should change timing of traffic signals; never notified about public meetings; Caltrans worker told her all the trees would be removed; live in Burlingame because he loves the trees, could live somewhere else for less rent; had 8 pages of signatures of concerned citizens; McGowan noted some of the trees removed were Elms with highly contagious disease; trees add something special to city; designate trees as a city landmark to protect them; there are piles of wood chips where trees once stood; El Camino is major artery and some areas don't have trees like corner of El Camino and Burlingame Avenue where traffic is heavy; trees have a limited life span and some should be replaced; sure people would donate to costs for saving trees; problem is people in cars, not trees; trees were here before the people; also there are animals and birds living in these trees; the small replacement trees are pretty sad; look at making trees a public landmark, presented a paper to City Attorney; trees need protection of adjacent trees, when some are removed the others are endangered; outraged about tree removals; seems extreme to take out so many trees because of traffic accidents. Council reminded the people they should also write or call Caltrans about this issue. Angelo Dellacasa, Victoria Road, spoke regarding dogs in parks and the proposed dog park. Todd Becker, 2116 Hillside, spoke in opposition to the BART agreement; city should stick to its Burlingame City Council 209 September 4,1997 previous resolution and insist that if BART comes to Burlingame it be undergrounded; they want this agreement for funding PR in Washington DC; noted airport won't let BART start work there until Millbrae is completed. Bob Johnston, Killarney Lane, reviewed his experience with crime on the BART system; they still do not have full funding; we should meet with other cities which have agreements to see what concessions BART has made to them; have BART put money into an escrow account. Molly McGregor, Communications Manager for BART, said BART project is fully funded and two construction contracts have been awarded, third contract for Millbrae station will be awarded soon; she urged some action. Robert Mclnerny, Floribunda, asked council to listen to people; how many have begged for BART to come? Robert McMonigle, owner of The Cakery, 1308 Burlingame Avenue, thanked council for considering his request for seating in his bakery. Teresa Adam, 1301 Burlingame Avenue, spoke in favor of allowing seating; the Cakery has added charm to street. Terry Horn, 405 Primrose, manages property on that block; customers would appreciate seating; business hours are 6:30 a.m. to 6 p.m., not like a restaurant. Charles Getz, property owner, said the restaurant ordinance has become a detriment; this building was designed to allow for seating. Council directed staff to look into establishing a historic district on El Camino and to communicate with Caltrans about the residents concerns about trees; asked staff to report back about installing no- right turn on red and other traffic controls; noted the meetings held with Caltrans were staff meetings, not public meetings, there was one public meeting; El Camino is a historic highway from San Diego to San Francisco; also noted the Elm trees removed had Dutch Elm disease, a very serious and contagious disease which could decimate trees in Burlingame so they had to be removed. BART REOUEST FOR COMPREHENSIVE AGREEMENT City Manager reviewed his memo of August 19 with letter from BART. Council last considered this request on October 7 , 1996 and voted not to approve the agreement at that time. Since our meetings with BART in 1996 both the city and BART have had staff changes that will require a new round of meetings if council so directs. Council discussion: last year appointed O'Mahony and Janney to meet with BART but no meetings took place; original funding agreement was for underground through all the cities but BART changed that, other cities were told could not have underground; noted Millbrae has not approved the parking garage for BART; why are they pressuring us to sign, what have they got to offer us; will have a traffic study done now that school has begun on which we can base future traffic increases; Public Works has discussed with Millbrae staff, looking for things in common. Vice Mayor Spinelli said BART does not have full funding, read parts of the funding agreement; congress has committed $0; underground would be better design for people transferring from train to BART in Millbrae; city should not sign any agreement, have no problem with staff talking to them; need to have dialog with BART, we don't have any control over them; why the interest in Millbrae station, feel there is something "fishy." City Manager reviewed that council would like staff to talk to other cities, compare original and final BART agreements to see what concessions were made and report back to council. DESIGNATION OF VOTING DELEGATE FOR LEAGUE CONFERENCE City Manager reviewed the Deputy City Clerk's memo of August 26 which suggested council September 4,1997 2L0 Burlingame City Council designate a voting delegate for the lrague of California Cities Annual Conference to be held in San Francisco on October 12 - 14, 1997. Councilwoman Knight was appointed to be the delegate. City Attorney reviewed his memo of August 29 which recommended council direct staff on whether to prepare an ordinance amendment that would allow service of alcoholic beverages on public sidewalks. Current city law prohibits alcoholic beverages on public sidewalks. Staff contacted a number of cities on their policies and regulations. Staff also mailed a questionnaire to Burlingame restaurants. Summaries of these inquiries were reviewed. Council discussed, approved the concept and asked staff to prepare legislation; approved of all nine conditions suggested. City Attorney will present the proposed legislation to restaurants for their review and comment and bring back to council in October. STATUS OF REVIEW OF REGULATION OF FOOD BUSINESSES IN THE BURLINGAME AVENUE COMMERCIAL AREA. SUBAREA ''A'' City Planner reviewed her memo of August 26 which suggested council consider possible approaches to managing food establishments. She presented five alternatives for consideration and noted any change in zoning would require review and action by the Planning Commission. Council discussed with City Planner at length; like alternative 4 to create a new restaurant definition which would include all existing food and take-out service and establish a new number for each business district; expressed concern about keeping some limit on number of restaurants. Vice Mayor Spinelli suggested we could have three classes within the food establishments, council expressed an interest in the idea. Staff will prepare draft legislation. STATUS REPORT ON THE SCOPE AND SCHEDULE FOR BAYSIDE PARK SOCCER FIELD LIGHTING PROJECT Public Works Director reviewed his memo of August 22 which recommended council approve a revised schedule for installation of lights on the soccer field at Bayside Park. In July council directed staff to proceed with installation of new lights at Bayside Park. At that time staff estimated the work could be completed within three months. Unfortunately the schedule did not include an allowance for addressing the inferior soil conditions at Bayside Park. Because this area is developed over a former landfill and bay mud, it is necessary to install 50-60 foot depth support piles for the lights. The project will be more expensive and cannot be completed before May 1998. Vice Mayor Spinelli expressed concern about installing the piles and punching holes into this old landfill. Mayor asked AYSO representative Peter Wickman to comment; he stated they have arranged for sharing fields in Redwood City, Foster Ciff and Belmont and can manage through this season. Councilwoman Knight asked about funding, staff noted we will know more about the cost after the consultant report. RESOLUTION 72-97 AUTHORIZING JOINT POWERS AGREEMENT FOR SAN MATEO PRE- HOSPITAL EMERGENCY SERVICES PROVIDERS GROUP City Manager reviewed his memo of August 20 which recommended council approve a Joint Powers Burlingame City Council 2ll September 4,lgg7 Agreement (JPA) so that Burlingame can participate with other cities in providing Paramedic Services Countywide as part of a public/private partnership. If council approves the JPA it should appoint a council member to represent Burlingame. Council supported the plan. Councilman Harrison moved approval of RESOLUTION 72-97 authorizing the JPA. Seconded by Councilwoman Janney and carried unanimously. The mayor appointed Councilwoman Janney as representative to the JPA. PLANNING COMMISSION INTERVIEW TEAM SELECTION City Manager reviewed his memo of August 12 which recommended council appoint a team of two members to interview the five candidates for the Planning Commission. Mayor O'Mahony appointed herself and Councilman Harrison to interview applicants. CONSENT CALENDAR Public Works Director removed item "e" regarding an encroachment permit for 1500 Easton. Vice Mayor Spinelli removed item "g" regarding a permit at 1860 Rollins. a.ADOPTION OF ORDINANCE 1577 ALLOWING ONE APARTMENT IN A HOTEL OR MOTEL FOR USE OF RESIDENT MANAGER/OWNER City Attorney's memo of August 26 recommended council adopt this ordinance amending the Zorung Code to allow one dwelling unit in a hotel or motel in the C-4 district and instruct the clerk to publish a summary of the ordinance. RESOLUTION 73-97 AUTHORIZING FIRST AMENDMENT TO NONEXCLUSIVE INSTALLATION AND SERVICE AGREEMENT WITH METRICOM City Attorney's memo of August 25 recommended council approve this First Amendment to the contract with Metricom to place its transmitters on city light standards for wireless transmissions for electronic equipment. RESOLUTION 74-97 AUTHORIZING AGREEMENT FOR SUPPLYING NON-POTABLE WELL WATER TO SAN MATEO UNION HIGH SCHOOL DISTRICT AT BURLINGAME HIGH SCHOOL Public Works memo of August 26 recommended council approve an agreement with the SMUHSD to provide non-potable well water to Burlingame High School for irrigation. FIXTURES AND AN IRON GATE IN EXISTING WOOD FENCE AT 172 ELM Public Works memo of August 1.5 recommended council approve this permit subject to standard conditions. e. Removed b c d September 4,1997 212 Burlingame City Council h" f. ENCROACHMENT PERMIT FOR RETAINING WALL AT 1417 DRAKE Public Works memo of August 21 recommended council approve this permit subject to standard conditions. g. Removed. Public Works memo of August 26 recommended council approve this permit subject to standard conditions including removal for lack of maintenance or to accommodate future work in the street right-of-way. I. REJECT CLAIM OF BLANCA OLESEN City Attorney's memo of August 25 recommended council reject this claim for tree branch causing damage to a vehicle. J. CANCELLATION OF SEPTEMBER 17 STUDY MEETING City Manager's memo of August22 recommended council cancel this study meeting for lack of items for study. K. OUT OF STATE TRAVEL - FIRE DEPARTMENT Fire Chief's memo of August 28 recommended approval for two employees to travel to Reno, Nevada on October 2 and 3 for a Sunpro Software User Conference. Councilman Harrison moved approval of the consent calendar excepting item "e" and "g. " Seconded by Councilwoman Janney and carried unanimously. REMOVED CONSENT ITEMS ENCROACHMENT PERMIT FOR PARTIAL PARKING STALLS FRONTING 15OO EASTON DRIVE Public Works memo of August 2| recommended council approve this permit subject to standard conditions and an additional condition that they maintain the parking stalls and adjacent area including pavement, striping, landscaping, trees, sidewalk, curb and gutter. Director of Public Works explained that a letter was received from the applicant with concerns about some of the conditions and an agreement was reached on revised conditions. After staff explained that the city only maintains sidewalks, curbs and gutters for residential developments, they concurred with the condition. Another concern was the maintenance of city trees. An agreement was reached to add a condition to include definition of responsibilities in a "hold harmless" clause regarding trees. Councilman Harrison moved approval of the Encroachment Permit as amended. Seconded by Councilwoman Janney and carried unanimously. 213Burlingame City Council September 4,1997 ENCROACHMENT PERMIT FOR PACIFIC BELL COMMUNICATIONS CABINET AT 1401 HOWARD AVENUE ENCROACHMENT PERMIT FOR GRADING. PAVING AND DRAINAGE IMPROVEMENTS IN THE 140 FOOT DRAINAGE RIGHT-OF-WAY AT 1860 ROLLINS Public Works memo of August 26 recommended council approve this permit with conditions for temporary storage of vehicles. Vice Mayor Spinelli asked if this drainage easement would be used in any way for the BART project Staff said not to their knowledge. Councilman Harrison moved approval. Seconded by Vice Mayor Spinelli and carried unanimously COUNCIL COMMITTEE REPORTS Councilman Harrison attended the Convention Bureau, ALUC meeting, and Chamber Board meeting. Vice Mayor Spinelli discussed the Airport Roundtable meeting he attended in San Bruno. Councilwoman Janney attended a CMAC meeting. Mayor O'Mahony attended CCAG. OLD BUSINESS The mayor said she received complaints about maintenance of the bayfront trail around Kincaid's and Embassy Suites Hotel. Councilwoman Knight noticed there was an engineer and a couple architects who applied for the Planning Commission vacancy; she hoped they would not have a lot of conflicts of interest if appointed. She remarked on the Planning Commission discussion regarding zoning of adjacent R-1 and R-3 areas and appreciated the commissioners comments regarding transition zones. Vice Mayor Spinelli noted the letter complaining about bikes on sidewalks in the business district, he said a customer of his was almost run down by a cyclist on the sidewalk, he hoped Police would cite offenders, especially adults. Police Chief responded all officers were given copies of the letter. NEW BUSINESS Mayor O'Mahony received a request from the San Mateo County Times for installing the Sports Hall of Fame in the new Library, she asked it be scheduled for discussion on the next agenda. She then scheduled two public hearings for (1) an appeal of the Beautification Commission's denial of a request to waive tree replacement requirements at 1418 Sanchez to be held September 15 and (2) n appeal of the Planning Commission's decision regarding 1475 Burlingame Avenue to be held October 6. Councilman Harrison commented on the commission's comments about need for a change in legislation regarding the appeal at 1475 Burlingame Avenue. He asked staff to present such a legislative change to exclude individuals from being considered a financial institution. The mayor also noted a letter from Jeanie Roberts on Stanley Road and asked the attorney to respond. ACKNOWLEDGMENTS Commission Minutes: Traffic, Safety and Parking, July 10 and August 14; Senior, July 17; Park & Recreation, July 17; Beautification, August 7; Civil Service, August 18; Planning, August 11 and August 25; Broadway BID, August L2, 1997. a. September 4, 1997 2L4 Burlingame City Council (,b' b. c. d. Department Reports: Building, July 1997; Treasurer, July 31 , 1997; Police, July 1997. Letter from Gary Canova regarding bicycles on sidewalks in downtown area. Petition from residents of Loma Vista Drive regarding a house with trash and garbage in front. e. Letter from Phill Armstrong regarding the Burlingame Bicycle Cooperative. The mayor announced CCAG invites cyclists to apply for the County Bicycle Advisory Committee. f. lrtter from Mark Abdilla regarding tree removals along El Camino Real. g. Letter from Marianne Riddle regarding support of the proposed dog exercise area on Skyline. h. Irtter from Susan Rodgers regarding installation of blocking devices for pornographic material on Burlingame Library computers with Internet access used by patrons under age 18. CLOSED SESSION At 9:46 p.m. the Mayor adjourned to a closed session on threatened litigation regarding the claim of Charles and Shirley Eigenbrot. The meeting reconvened at9:52 with all members present. Council gave direction to the City Attorney regarding the claim. ADJOURNMENT IN MEMORY OF FRANK BURROWS. JAMES DIXON. DANNY MURRAY AND HELEN FUSON Mayor O'Mahony noted with sadness the recent death of Frank Burrows, Burlingame city council member from 1940 to 1944; the death of James Dixon, father-in-law of our Police Chief; and of Danny Murray, resident and devoted soccer fan. Vice Mayor Spinelli noted the passing of his campaign committee treasurer, Helen Fuson. After a moment of silence in their memory, the meeting was adjourned at 9:53 p.m. Judith A. Malfatti City Clerk Burlingame City Council 2L5 September 4,1997