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HomeMy WebLinkAboutMin - CC - 1999.08.16BURLINGAME, CALIFORNIA August L6r 1999 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 Mary Janney. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Derek Galligan. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of August 2, lggg, were approved unanimously PUBLIC HEARING - REOUEST FOR AN AMUSEMENT PERMIT FOR MUSIC AND DANCING AT FANNY AND ALEXANDER RESTAURANT. 1IO8 BURLINGAME AVENUE City Attorney reviewed his memo dated August 10, 1999, which recommended council hold a public hearing and take action. Fanny & Alexander Restaurant would like to open a restaurant/bar business at 1108 Burlingame Avenue. They would like to have li.re music and dancing from 9 p.m. to 2 a.m. seven days a week. The police met with the applicants and are satisfied that the applicants understand the neighborhood and the appropriate manner of conducting business at that location. They have retained a security service to provide assistance. One of the principal concerns is noise generated for nearby businesses and residents in the area. The applicants have assured staff they will contain the entertainment within the building and not extend it to the outdoor patio. The applicant requested that the patio have low background music. In his memo dated August 1.6, 1999, distributed at the meeting, he noted the city planner recommended an additional condition that the business measure the current 24 horx ambient noise levels at the exterior of the property along Burlingame Avenue and at the rear of the patio area and be required to ensure the noise level not exceed 5 dBA increase from the baseline as provided in the Burlingame General Plan. The applicants are aware of this requirement and agree to it. He responded to council questions regarding the take out/delivery permits granted the previous restaurant at this site and noted permits run with the land. Mayor Janney opened the public hearing. Doni Malaise, applicant, showed floor plan of the proposed restaurant, noted Fanny and Alexander's do not do food delivery service, the kitchen is too busy with on-site meal preparation; responded to council questicns; there will be two sets of doors at the front for sound control; there will be piped music in the patio, which will be a place to dine and gather; he was asked if there would be a bar on patio; yes a temporary bar for beer and wine unless they could get a license for more; dinner will be served on the patio until 11 p.m.; windows at the front will be double glass and closed at all times; customers must be 21 years of age after 9 p.m. unless accompanied by parents; music will be jazz, reggae, light rock; people can't leave the premises 1 through the patio area; tables on sidewalk will be removed when dining hours are over Councilwoman O'Mahony moved to approve this request with conditions, including the amended condition 11 regarding noise. Seconded by Councilman Spinelli. Councilman Galligan noted permit is for a six month period; had concerns about congregation of young people on sidewalk in this area, the city has experienced problems near this site before; Malaise responded their securrty firm is very experienced in dealing with young people. The motion carried unanimously. WEEDS AND RUBBISH AT 124 BANCROFT ROAD - PUBLIC HEARING CONTINUED TO SEPTEMBER 8. 1999 City Attorney stated there has been progress in cleaning up this site and recommended council continue the matter to September 8 when he hoped to report that the weeds and rubbish were gone. PUBLIC COMMENTS Phill Armstrong reviewed his letter listed under acknowlecigments and requested council consider adopting a resolution requesting Caltrans to reestablish the position of bicycle coordinator. INTRODUCTION OF ORDINANCE 1618 CLARIFYING THE DUTIES OF TFIE DIRECTOR OF PUBLIC WORKS TO ALLOW THE DIRECTOR OF PUBLIC WORKS TO DESIGNATE Director of Public Works reviewed his memo of August 3,1999, which recommended council introduce this ordinance to allow the Director of Public Works to delegate certain duties to qualified persons; he responded to council questions about responsibility. The Mayor requested the City Clerk read the title of the ordinance. Councilwoman O'Mahony moved to waive fuither reading of the ordinance. Seconded by Councilman Spinelli and carried unanimously. Councilman Spinelli moved to introduce ORDINANCE 1618 Clarifying the Duties of the Director of Fublic Works. Seconded by Councilman Galligan and carried unanimously. The Mayor directed the City Clerk to publish a summary of the ordinance at least 5 days before the public hearing. RESOLUTION 85-1999 EXPRESSING OPPOSITION TO CURRENT PROPOSALS TO EXTEND BART TO MENLO PARK City Attorney reviewed his memo of August lt, L999, which recommended council review this resolution and consider adoption. Earlier this year some citizens of the county proposed two ballot initiatives that would have called for an extension of BART from Millbrae to Menlo Park and a tax proposal to pay for a percentage of the extension. Recently the initiatives were withdrawn. Belmont and Menlo Park both adopted resolution opposing the proposed initiatives. At the August 2 meeting, council directed staff to prepare a resolution expressing opposition. )August 16,1999 Burlingame City Council Councilwoman Knight read portions of the resolution which pulled together other actions council has taken on this matter. Councilman Spinelli agreed necessary to note opposition. Councilman Galligan had problems with some wording in the resolution; thought citizens would be glad to have rapid transit in area; only two cities have expressed opposition; did agree Burlingame should be included in discussions about BART extensions. Councilwoman O'Mahony particularly liked the second page of resolution; the BART extension would have had a great effect on the Millsdale area of city. Mayor a. Janney disagreed with adopting a resolution opposing an issue that had been dropped Councilwoman O'Mahony moved to approve RESOLUTION 85-1999. Seconded by Councilman Spinelli and carried 3-2, Mayor Janney and Councilman Galligan voting no. UNAUDITED FINANCIAL SUMMARY, FISCAL YEAR 1998-99 City Manager reviewed the memo of August ll, 1999, with the attached unaudited financial surnmary; Councilman Galligan asked for another page of comparison figures of actual to budgeted figures which was presented to council this evening; he reviewed figures in the summary and responded to council comments. Council discussed briefly and accepted the report. CONSENT CALENDAR RESOLUTION 86-1999 AWARDING CONTRACT FOR 1999-2OOO TREE PRUNING - CP 992s Parks & Recreation memo of August 3, 1999, recommended council award this project to Timberline Tree Service for a bid of $35.75 per man hour, not to exceed $100,000. This project is for pruning of large Eucalyptus trees requiring high climbers. RESOLUTION 87-1999 REJECTING ALL BIDS FOR BAYSIDE PARK. PHASE I - CP ettT(7) Public Works memo of August 12, 1999, recommended council reject the bids on Bayside Park, Phase I (lower deck). The lowest bid was $507,161 above the consultant's estimate. Staff will consult with contractors in an attempt to modify plans and reduce the costs. c RESOLUTION 88-1999 OPPOSING SB 402 - BINDING ARBITRATION OF LABOR MATTERS INVOLVING POLICE AND FIRE EMPLOYEES City Attorney's memo of August 9, 1999, recommended council approve this resolution opposing SB 402, the legislature's attempt to impose binding arbitration on the city for all labor matters involving police and fire employees. RESOLUTION 89-1999 APPROVING CONTRACT WITH THE SAN MATEO COUNTY CONVENTION & VISITORS BUREAU City Manager's memo of August 10, 1999, recommended council approve a resolution authorizing the 1999-2000 contract with the Bureau to include funding of $470,072 based on the 4 percent hotel tax formula with direction to the mayor to send a strong message to the Bureau regarding council's concerns for future funding. e RESOLUTION 9O-1O9O AUTHORIZING INCREASED CONTINGENCY AUTHORIZA- TroN TO 25 PERCENT FOR LANDFILL CLOSURE, PHASE III. CP 9117(2) Public Works memo of August 12, 1999, recommended council authorize increase in contingency authorization from 15 percent to 25 percent for the Landfill Closure, Phase III. The contractor has encountered unmapped excess debris and clay which require removal. Due b d Burlingame City Council 3 August 16,1999 to rejecting the bids, drainage and erosion control need to be installed to winterize the project. f. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 65049 - 65516, duly audited, in the amount of $2,547,371.69 (excluding Library Checks 65028 - 65048); Payroll Checks L18255 - 1L9073 for the month of July 1999 in the amount of $1,391,986.53; and Electronic Fund Transfers for the month of July 1999 in the amouni of $260,467 .28. CANCEL STUDY MEETING SCHEDULED FOR AUGUST 18 AND SCHEDULE A SPECIAL MEETING FOR AUGUST 25. 1909 City Manager's memo of August 9, 1999, recommended council cancel the Study Meeting of August 18 and schedule a special meeting for August 25 at 5 p.m. to consider the bids received by the school district on the expanded Aquatic Center. h. AUTHORIZE AMICUS CURIAE BRIEF IN I/,4/S y,S COUMY OF S/4NBERNIRDINO City Attorney's memo of August 2, 1999, recommended council authorize joinder at no cost to the city in Haas vs. County of San Bernardino, which is now pending before the California Supreme Court. Councilwoman O'Mahony moved approval of the Consent Calendar. Seconded by Councilman Spinelli and carried unanimously 5-0 by voice vote. COUNCIL COMMITTEE REPORTS Councilman Galligan attended the Planning Commission study meeting on the drive-in site and attended a meeting with hotel managers. Councilwoman O'Mahony went to a CCAG meeting; also the Planning Commission study meeting and an open house at the teen center in San Carlos. OLD BUSINESS - None NEW BUSINESS Councilman Galligan asked about complaint of bagpipes on Burlingame Avenue, thought anyone planning such an entertainer should get approval from neighbors before proceeding. City Attorney noted that business has applied for an amusement permit. Councilman Galligan read the Planning Commission minutes about discussion of first floor additions and design review; noted two commissioners were absent and thought this matter needed the fuIl commission's review before coming to council; also thought this matter did not require an urgency ordinance. Council concurred. Vice Mayor Knight asked staff to prepare a resolution requesting Caltrans to establish a bicycle/pedestrian coordinator as requested by Phill Armstrong and the letters listed under Acknowledgments. Councilwoman O'Mahony received a mailing from Marin County asking for a resolution of our city August 16,1999 4 Burlingame City Council (y a. b. c. for Calfed water issues and taking bay/delta water for Los Angeles and San Joaquin Valley, she asked this be put on the next agenda. She also shared an article about "seniors@school" and asked it be given to our senior coordinator. ACKNOWLEDGMENTS Commission Minutes: Library Board, June 3; Planning, August 4 and August 9, 1999 Department Reports: Building, July 1999; Treasurer, July 31, 1999 Two letters, from Michael Barber and from Phill Armstrong, requesting council adopt a resolution calling for Caltrans to establish a bicycle/pedestrian coordinator. Letter from Louis Ghilarducci regarding tree planting on west side of California Drive noting the other side of that street needs to be cleared of weeds; also coflrments on street sweeping. Councilman Spinelli noted the weeds are being cleared in that area along the tracks Letter from Richard Newman regarding problems with a neighbor of the 1110 Bayswater Condominiums and problems caused by auto shops in that area. ADJOURNMENT IN MEMORY OF JACK SANFORD Mayor Janney noted a request from Vice Mayor Knight and Councilman Galligan to adjourn in memory of Jack Sanford, a long-time resident on Trousdale Drive, husband and father. After a moment of silence, the meeting was adjourned in his memory at 8:10 p.m. Judith A. Malfatti City Clerk d e 5Burlingame City Council August 16,1999