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HomeMy WebLinkAboutMin - CC - 1997.09.15BIJRLINGAME, CALIFORNIA September L5,1997 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 John Horgan, representative from the San Mateo County Times. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of September 4, 1997 were approved after a change on page 2 by Councilman Harrison who "moved adoption of ORDINANCE 1578 and said the bullet comments made by the Planning Commission and sent to us obviously answered any questions council had had. " APPEAL OF BEAUTIFICATION COMMISSION DECISION ON TREE REPLACEMENT REOUIREMENT AT 1418 SANCHEZ AVENUE The Senior Landscape Inspector reviewed his memo of September 10 which recommended council hold a hearing and take action on the appeal regarding the city's requirement for tree replacement at 1418 Sanchez. In December 1996, Mr. Kondrasheff of El Granada applied for a permit to remove a tree from his mother's property on Sanchez. At the time the permit was issued Mr. Kondrasheff objected to the replacement requirement and was told about the appeal procedure. In May he appealed to the Beautification Commission which subsequently voted 6-1 to deny his request to waive the requirement for replacement of the tree; the commission also extended the permit to December 1997 to allow time for replacement. He responded to Council questions and comments. Mayor O'Mahony opened the public hearing. Vladimar Kondrasheff, representing his mother, explained that a few years ago his mother planted the small pine in her front yard and it grew out of proportion and began to damage the sewer and water lines and the roof. They got the required permit and removed the tree, but object to replacing it because another tree would cause the same problems. His mother is now in a hospital and cannot afford to make a donation to the city's tree fund in lieu of planting a tree. The hearing was closed. Councilwoman Knight noted we take these issues on a case by case basis and it seems appropriate to waive the requirement in this case. She so moved. Seconded by Councilman Harrison and carried unanimously by roll call vote. PUBLIC COMMENTS Kris Cannon, 1304 Bernal, a library trustee, spoke about the request for placing the Sports Hall of Fame in our new library; she thought the library was not an appropriate place for such a display; there are now 93 plaques and there are up to 10 awards bestowed each year, it would take an enormous amount of space; hope the council requests they find another home for this display, not the library. Mary Herman Armstrong, 1547 Alturas, a library trustee, noted the city only represents a small part of the county; it would set a precedent to allow this display; seems a county site would be more appropriate and more available to citizens of the county; if the library had been planned around this display as it was for our donor wall and tapestries it would be different but at this time, with plans finalized and ready to move in, it would be a horrendous task to include it in the library. Iane Dunbar, library trustee, echoed her colleagues and spoke in opposition to this request for the Hall of Fame. Ross Bruce, Broadway merchant and president of the BID, spoke in favor of keeping the street parking on Broadway at Wells Fargo Bank and also favored allowing service of alcoholic beverages at restaurant's sidewalk tables. Cliff Woods, merchant, spoke regarding the Safeway project; noted 30 other merchants signed his letter of concern; he was pleased that Safeway is interested in investing in the community but hoped they would consider the pedestrian oriented nature of the business area. John Root, 1407 Montero, noted he recently wrote to council regarding his experiences in walking past Starbuck's one evening with his family; they were subjected to vulgar language, and obstruction by people and litter; he hoped council members would walk past the site some evening to see what is going on; people are concerned. SAFEWAY PROPOSAL DROPPED FROM AGENDA Mayor O'Mahony noted the letter from Michael Smith, representing Safeway, dropping the request for discussion of the city council's policy on a parking lot land exchange at this time. REOUEST FROM SAN MATEO COUNTY TIMES TO INSTALL 'SPORTS HALL OF FAME'' IN NEW LIBRARY BUILDING Mayor O'Mahony reviewed a letter from the San Mateo County Times requesting we install permanently the Sports Hall of Fame in the new library building; she also acknowledged a letter in response from the City Librarian. John Horgan, representing the Times, shared one "Hall of Fame" plaque with council as an example; said the Times had envisioned it as a permanent historical display and came to the city as their first choice; they thought it would be an appropriate amenity for the library but apparently they were wrong and they apologize; noted a large percentage of Burlingame people are represented in the Sports Hall of Fame; they thought library would be a good spot because of the number of people who use it; he appreciated council considering their request. Burlingame City Council 2t7 September 15,1997 Council discussed with Horgan, suggested a portable or moveable wall; suggested Bay Meadows; Horgan acknowledged but how many children visit that site; need a place connected with sports and available to children so they can see role models; appreciated being given first chance at this but agreed it was not feasible in the library. INTRODUCTION OF ORDINANCE 1579 TO ALLOW ALCOHOL TO BE SERVED ON PUBLIC SIDEWALK AT A BONA FIDE EATING PLACE City Attorney reviewed his memo of September 10 which recommended council introduce this ordinance allowing service of alcoholic beverages on the public sidewalk by bona fide public eating places with an encroachment permit and approval of the State. On September 4 council directed staff to prepare this ordinance and to reformat conditions on the encroachment permit. Following introduction, staff will redraft the encroachment permit conditions to allow a permit for service of alcoholic beverages and send copies to the restaurants for their information and comment. Those will be presented to council at the public hearing on October 6. Council members noted they were pleased to see this ordinance, it is something the merchants and citizens want. Councilwoman Knight asked about enforcement and ABC laws. The mayor asked the city clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman Janney and carried unanimously. Councilman Harrison moved to introduce Ordinance 1579. Seconded by Councilwoman Janney and carried unanimously. APPOINTMENT OF PLANNING COMMISSIONER: OTHER COMMISSION TERM EXPIRATIONS Mayor O'Mahony said she and Councilman Harrison had interviewed applicants earlier this evening. Councilman Harrison said there were five excellent applicants and he nominated David Luzuriaga. There were no other nominations and David Luzuriaga was unanimously confirmed as a new Planning Commissioner with a term until April 7, 1999. City Manager's memo of September 8 also noted nine term expirations on other commissions and suggested council set a deadline of November 7 for applications. Council set November 7 as the deadline for applications for positions on the Beautification, Park & Recreation, Traffic Safety & Parking, and the Civil Service Commissions. REOUEST FROM SAMTRANS FOR PILOT BUS SHELTER ADVERTISING PROGRAM City Manager reviewed his memo of September 9 which recommended council consider whether the city wants to participate in the pilot bus shelter advertising program as described in the letter from SamTrans. Council rejected a similar request in 1991. He noted such advertising off premise and on a public right-of-way is not allowed under the city code. Council directed the city manager write to decline to participate in this program. TRAFFIC. SAFETY AND PARKING COMMISSION RECOMMENDATION FOR PARKING ON BROADWAY ADJACENT TO WELL FARGO BANK Public Works Director reviewed the memo of September 9 which reviewed the commission recofilmendation that the five street parking spaces on Broadway adjacent to Well Fargo be retained September 15, 1997 2L8 Burlingame City Council and parking continue to be prohibited from 4:00 a.m. to 9:00 a.m. to facilitate rush hour traffic, and that the commission reconsider this issue at a future date. The matter of retaining the parking spaces or alternatively adding another eastbound traffic lane at this location has been considered for many years. Prior to restriping the new asphalt, staff met with the Broadway BID to obtain their position on this matter. The BID board voted to retain the parking and that if parking were restricted, it only be before 9:00 a.m. The commission agreed with the proviso that parking be prohibited between 4:00 a.m. and 9:00 a.m. and that the commission review the situation at a future date. Director of Public Works said according to the Traffic Engineer, the area's parking lots are not full during the day. James Evans, chairman of the Traffic Commission, related the commission's discussions and vote in response to the wish of the Broadway BID board. Ross Bruce noted an impromptu survey showed the Chula Vista parking lot 60-70 percent fuIl and there are very few right turns onto California at Broadway. Councilman Harrison thought it would be a great idea to eliminate the parking and allow for more traffic lanes since traffic backs up on Broadway for several blocks from this intersection. Vice Mayor Spinelli lives and works in the area and watched traffic back up to Paloma in the afternoon; another lane would ease this backup. Council agreed; noted Wells Fargo has a parking lot and the Chula Vista parking lot is also there with available parking spaces. Councilman Harrison moved to remove the meters, install no parking signs, and provide 2 lanes, one through lane and one through/right nrrn lane on Broadway between Chula Vista Avenue and Broadway. Seconded by Vice Mayor Spinelli and carried unanimously. Staff will prepare any necessary legislation. CONSENT CALENDAR a.RESOLUTION 75-97 AUTHORIZING AGREEMENT WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT (SMUHSD) FOR CONSTRUCTION. MAINTENANCE AND OPERATION OF THE BURLINGAME HIGH SCHOOL AOUATIC CENTER Parks and Recreation Director's memo of September 1.1 recommended council approve the draft proposed agreement with the SMUHSD for the new Aquatic Center at Burlingame High School, to be used jointly by the district and the city. $1,000,000 will be appropriated from the 1997-98 Capital Improvement budget to cover the city's share of construction costs. Maintenance costs will be about $39,000 annually for the city. Additional city staff will be required to develop and conduct various aquatic programs for the community. New revenue will be received from program participants and will cover some but not all the city's costs. RESOLUTION 76-97 AUTHORIZING AGREEMENT FOR SEWER EXTENSION AT 6170 SKYLINE. SAN MATEO COUNTY - APN 027.231-010 Public Works memo of September 9 recommended council approve this agreement with the owners of 6170 Skyline to allow a connection to the city sewer system. This lot lies in the unincorporated area immediately adjacent to Burlingame at the end of Skyview Drive. Over the years, the owners have experienced problems with their sewage septic system and the county is now requiring them to connect to the nearby city sewer system. The county sewer system is 700 feet away and would require a very expensive sewer lateral construction. There is sufficient sewer capacity for this connection. b Burlingame City Council 219 September L5,1997 c RESOLUTION 77-97 APPROVING FILING OF APPLICATION FOR TRANSPOR- TATION DEVELOPMENT FUNDS FOR BEACH PARK ROAD BIKE/PED BRIDGE Public Works memo of September 8 recommended council adopt a resolution authorizing staff to apply for TDA funds for the Beach Road Bike/Pedestrian Bridge across the Lagoon. d. ENCROACHMENT PERMIT FOR FENCE AT 525 CALIFORNIA DRIVE Public Works memo of September 9 recommended council approve this permit subject to standard conditions. TENTATIVE CONDOMINIUM MAP FOR FOUR UNITS AT 1404 EL CAMINOe h Public Works memo of September 9 recommended council concur with the Planning Commission and approve this tentative map subject to conditions. f. FINAL CONDOMINIUM MAP FOR 550 EL CAMINO REAL Public Works memo of September 8 recommended council approve this map. Construction is substantially complete and all conditions have been met. g. APPROVAL OF OUT-OF-STATE TRAVEL FOR TwO PUBLIC WORKS EMPLOYEES Public Works memo of August 22 rccommended council approve the attendance of two staff members at two out of state conferences, both in Las Vegas during October. The Water Division Supervisor will attend the American Backflow Prevention Association conference. The Chief Building Inspector will attend the International Association of Electrical Inspectors conference for development of the next Electric Code. DENIAL OF CLAIMS: (1) JAN NEWMAN: (2) DONALD & BESS HUFF (STATE FARM INSURANCE) City Attorney's memos of September 10 recommended council deny these claims for (1) a tree branch which fell on a car and (2) a tree removal which required disassembly of a fence. I. WARRANTS & PAYROLL Finance Director recommended payment of Warrants 53434 - 54113 (Library run 53390- 53433), duly audited, in the amount of $3,283,513 .41, Payroll Checks 97 531 - 98292 for the month of July 1997 in the amount of $1,173,956.93, and Electronic Fund Transfers for July 1997 in the amount of $391 ,913.47. Councilman Harrison moved approval of the consent calendar. Seconded by Councilwoman Janney and carried unanimously. City Attorney said the contract attached to item "a" regarding the swimming pool is not the final contract, the school attorney and he are still working on it and the final copy will be available soon. Councilwoman Knight noted she would abstain from the vote on item "a" because her home is located near the high school swimming pool. September 15,1997 220 Burlingame City Council COUNCIL COMMITTEE REPORTS Councilwoman Janney attended a Chamber board meeting. Mayor O'Mahony attended CCAG, reviewed BART discussions and noted Phill Armstrong and Burlingame staff member, Maureen Brooks, were appointed to the Bicycle Advisory Committee. OLD BUSINESS Councilman Harrison noted the comments by John Root and other complaints council has received about Starbuck's; he recommended council pull the encroachment permit for outdoor seating. The mayor had visited the site Saturday night and was very uncomfortable there. Council discussed at length; some way to stop the seating on the window benches also; it's so dirty, full of cigarette butts, garbage cans are always full; need public awareness and education about offensive language; problems with Noah's also; complaints about large numbers of young people congregating by both businesses. City Attorney said this would be put on the agenda for the next meeting for action. NEW BUSINESS Mayor O'Mahony scheduled an appeal hearing for October 6 for four variances for an addition at 2104 Hale Drive. Councilman Harrison stated he would be going off the council in November and would have to leave his position on the Convention Bureau board, they will be appointing new officers in October; he nominated his alternate Councilwoman Janney to be the city representative to the Bureau so she could be appointed to take his position on the board. Mayor O'Mahony seconded the motion. Council- woman Knight thought this was an annual appointment made by the mayor and it should wait until the new mayor is appointed in November. After some discussion, the motion carried unanimously. ACKNOWLEDGMENTS Commission Minutes: Planning, September 8, 1997. Department Reports: Building, August 1997; Treasurer, August 31,1997 Letter from Robert Hammes ,74 Loma Vista, regarding public nuisances and poor maintenance of private property. d Letter from Brock Riddle requesting council include more lights at Bayside Park for baseball as well as for soccer. The mayor asked for a report on this matter; staff said the Park & Recreation Commission will be reviewing it. Letter expressing concerns about the proposed Safeway project from Cliff Woods and signed by 30 other business owners located near that site. Mayor acknowledged two more similar letters. f. Proclamation: "School's Open - Drive Carefully" Month, September 1997 a b c e Burlingame City Council 22t September 15,1997 o h. Request for comments on Draft EIR for San Francisco's "Transbay Redevelopment Plan. " Letter from Lucile Wasserman, San Mateo, objecting to dogs being walked on Burlingame Avenue. Mayor O'Mahony had also received today a letter of resignation from Senior Commission member Martha Benson. Council accepted the resignation with regret and added that position to the other commission term expirations discussed earlier. CLOSED SESSION At 8:20 p.m. the Mayor adjourned to a closed session on threatened litigation regarding the claim of Jose Arteaga (sewer). The meeting reconvened at 8:21 with all members present. Council gave direction to the City Attorney regarding the claim. Mayor O'Mahony noted with sadness the recent death of Ellen McDonnell, mother of our police Sergeant Gerry McDonnell. The City Attorney mentioned the passing of Judge Allen Haverty. After a moment of silence in their memory, the meeting was adjourned at 8:22 p m Judith A. Malfatti City Clerk September 15,1997 222 Burlingame City Council ADJOURNMENT IN MEMORY OF ELLEN McDONNELL AND JUDGE ALLAN HAVERTY