HomeMy WebLinkAboutMin - CC - 1999.04.05BIJRLINGAMB, CALIFORNIA
April S, 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 John Rubin of Bay Relations
ROLL CALL
COUNCIL PRESENT
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of March 15, 1999 were unanimously approved 5-0
APPLICATION WITHDRAWN FOR APPEAL OF PLANNING COMMISSION ACTION ON A
MITIGATED NEGATIVE DECLARATION. CONDITIONAL USE PERMIT AND PARKING
VARIANCES FOR RETAIL USE. SAKS FIFTH AVENUE AT 1420 BURLINGAME AVENUE
Mayor Janney announced a letter was received from Saks Fifth Avenue stating it was withdrawing its
application because they could not accommodate the city's request for additional parking mitigation
for the project; the hearing was canceled. Council members commented: noted recent changes of
corporate ownership and management, think they are going in a different direction; taxes on Chapin
property are in arrears; this gives the city time to complete the parking study and make plans that will
be binding on anyone seeking a parking variance in downtown area; thought council did the right
thing in asking businesses to help with parking.
PUBLIC HEARING - SAN MATEO COUNTY INTEGRATED WASTE MANAGEMENT PLAN
SITING ELEMENT AND SUMMARY PLAN - RESOLUTION 23-1999 ADOPTING SAME
Assistant City Manager reviewed his memo of March 29,1999, which recommended council hold a
public hearing and take action. He introduced Cheri Puls, County representative, who explained the
San Mateo County Integrated Waste Management Plan Siting Element and Summary Plan are
components of the countywide integrated waste management plan required by AB 939. The other
components of the plan are a source reduction and recycling element, a household hazardous waste
element, and a non-disposal facilities element developed for each city in the county. These three
components were prepared and have been previously adopted by council. AB 939 requires the county
to prepare the siting element and the sufirmary plan. The plan was reviewed without comment by the
State Integrated Waste Management Board and by CCAG. The Board of Supervisors certified a
Negative Declaration for the Plans in February. To adopt the plan requires the majority of cities with
the majority of the population in the county to approve the plan. The city may also make comments
for changes.
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Mayor Janney opened the public hearing. There were no comments and the hearing was closed.
Councilwoman O'Mahony moved to approve RESOLUTION 23-1999 Adopting the San Mateo
County Integrated Waste Management Plan Siting Element and Summary Plan. Seconded by
Councilman Spinelli and carried unanimously 5-0 on voice vote.
PUBLIC HEARING - AMENDMENT OF AMUSEMENT PERMIT FOR HYATT REGENCY
City Attomey reviewed his memo of March 25,1999, which recommended council hold a public
hearing and take action to approve an amendment to t}le amusement permit for the Hyatt Hotel to
allow up to two special events per month subject to certain conditions. Because of the hotel's large
meeting spaces, a number of special events come to the hotel. Some of these qualiff for needing
amusement pennits under city code because they are not sponsored by the hotel and sell separate
admission. Usually the producers of these events do not realize that the amusement permit process
requires council action so they do not contact the city until a few days before the event. This creates
difficulties for everyone involved. The Hyatt is willing to assume responsibility for compliance of
these events under its amusement permit. The permit amendment conditions the hotel to be
responsible for coordination between the event producer, hotel security and the Burlingame Police
Department. Staff recommends approval of the amendment that would allow up to two special events
a month subject to condition that the police department be notified at least 15 days in advance.
Vice Mayor Knight expressed concerns about problems with traffic and parking for large events such
as these; she would like some reassurance that with this process parking problems would be
addressed. Police Chief noted several large events have taken place during the last few years and the
hotel has been very cooperative with the police; their security and parking staff take care of problems.
Mayor Janney opened the public hearing. Dennis Chuang, representing business at 851 Burlway
Road, spoke in opposition; presented letters between his business and Hyatt; noted overflow parking
from the hotel uses the office building's parking lot; for two years he has been trying to get them to
stop using this lot; if these large events are allowed there will be more problems. There were no other
comments and the hearing was closed.
Vice Mayor Knight noted Chuang's concern is the type of problem she was concerned about. Staff
and council noted Chuang should post this lot for no parking and have cars towed; also concern about
hotel charging for parking causing customers to seek free parking off-site; there is no verification the
overflow parkers at the office building are from Hyatt Hotel; can have security and parking attendants
police these lots.
Councilman Spinelli moved to approve the amendment for the Hyatt Hotel amusement permit as
recommended. Seconded by Councilwoman O'Mahony and carried unanimously 5-0 on voice vote.
PRESENTATION OF SAN FRANCISCO INTERNATIONAL AIRPORT RUNWAY
RECONFIGURATION PLAN
John Rubin, representing the San Francisco International Airport, made a presentation with visuals on
the proposed improvements to the San Francisco International Airport runways; he reviewed the
April 5, 1999 s02 Burlingame Ciry Council
HOTEL. 1333 BAYSHORE HIGHWAY
PUBLIC COMMENTS - None.
runway alternatives and noted this project was currently under study; noted airport is the largest
employer in the county and that 50 percent of the employees live in the county; the present airport
runways cannot accommodate the new airbus which requires larger separation between runways. John
Ross, retired pilot, continued the presentation with visuals noting the take-off patterns and noise
analyses with each of the proposed new runway alternatives. Roger Chinn, part of the study group:
concern about backblast noise, what do to attenuate before it crosses 101; mitigation plan for bayfill
should include restoring Burlingame waterfront areas rather than acquisition and improvement of areas
in San Francisco and San Jose, should be closer to home; Alternative F2 seems to benefit Burlingame
by moving noise away, cities should be considered too; Chinn suggested council put its concerns in
writing to the airport so the final draft of the project can identiff all difficiencies. Council noted
mitigation for the runway filI was brought to the attention of the airport in the November and council
was not happy that Burlingame was not included for shoreline mitigation because it is the shoreline
closest to the airport runways. Council thanked them for the presentation.
BROADWAY BID AND SCHEDULING A PUBLIC HEARING FOR MAY 3. 1999
City Manager reviewed his memo of March 24 which recommended council review the annual report
of the Broadway Business Improvement District and adopt a Resolution of Intention to Establish 1999-
2000 Assessments for the BID and set a Public Hearing for May 3, t999. Notices will be mailed to
each business owner in the Broadway BID.
Councilwoman O'Mahony asked if the new building on California near Broadway "Hillsborough
Plaza," was included in BID area. Staff noted any changes to the BID area would require a different
procedure with a vote of the district; feel it should be up to the member merchants to seek an
expansion of the BID area; staff should check on the current BID boundaries to see if it includes
building at 1155 California.
Councilwoman O'Mahony moved to adopt RESOLUTION 24-1999 Intention to Establish 1999-2000
Assessments for the BID and setting a Public Hearing for May 3, 1999. Seconded by Vice Mayor
Knight and carried unanimously 5-0 on voice vote.
RECOMMENDED CHANGES TO THE BFI RECYCLING PROGRAM
Assistant City Manager reviewed his memo of March 29, 1999 which recommended council direct
staff to prepare a recorlmended rate change request in connection with expanding the recycling
program. For two years a subcommittee of the South Bayside Transfer Station Authority (SBTSA)
has been negotiating with BFI to prepare revised recycling and collection agreements. In addition,
SBTSA has been exploring the possibility of acquiring from BFI the transfer station recycling facility
and administrative buildings from BFI. The SBTSA recommends expanding recycling facilities; a
floor sorter program at the transfer station to divert wood, yard waste, cardboard and metals;
expanding commercial recycling and implementing a pilot collection/recycling of wood and yard waste
during the spring and fall cleanups and a pilot collection of reusable material involving Goodwill
Industries. Recycling representatives from BFI will be visiting local large businesses to work with
them to increase their participation in recycling.
Council discussion ensued: asked if BFI will be accepting a wider variety of plastics, at present time
they only accept a very limited type; have instructed gardener to use the yard waste container, is this a
Burlingame City Council s03 April5, 1999
MEMO FROM POLICE CHIEF REGARDING SB 15 ruNSAFE HANDGUNS)
Police Chief reviewed his memo of March 30, 1999, which reviewed SB 15 (Polanco) regarding
"unsafe handguns. " If enacted, the bill would outlaw handguns which do not meet new requirements;
it will increase the cost of handguns because it requires manufacturers to pay fees which they will pass
on to consumers; with this legislation, the quality of handguns should improve over time, which may
protect the consumer but may not be good for police officers with criminals using better quality
weapons; Burlingame has experienced very few problems with handguns; local police will be required
to complete special reports or registration of unsafe guns and there may not be compensation from the
State; there does not appear to be an amnesty period or process for law abiding citizens to surrender
unsafe handguns.
Council thanked the Police Chief for his report and noted SB 15 may produce more work for the
Police with little benefit. There was consensus that there was no reason to support the bill.
F NE NEW PLANNING
Councilman Galligan reported that he and Mayor Janney interviewed a number of good applicants
over a two day period for the open seat on the Planning Commission. They recommended
appointment of Martin Dreiling. Council discussed: Dreiling, an architect, is currently a Design
Reviewer and serving as a representative of the Design Reviewers on the Neighborhood Consistency
Subcommittee of the Planning Commission; he would need to step down from these positions;
discussed possible conflicts of interest because of his work as an architect in this city; would like to
see another woman appointed to the commission but agree Martin is well qualified; Dreiling was chair
of the Broadway Charrette and the Broadway Streetscape committee; would support.
Councilman Galligan nominated Martin Dreiling to the Pla ling Commission. Nominations were
closed and Dreiling was unanimously appointed on voice vote.
CONSENT CALENDAR
a RESOLUTION 25-1999 AUTHORIZING INCREASE IN TOWING CHARGES
Police Chief s memo of March 19, 1999 recommended council approve an increase in towing
charges from $100 to $115 and in storage from $25 per day to $29 per day.
April 5, 1999 s04 Burlingame City Council
benefit - yes; when will new figures on diversion due to recycling participation be available; discussed
method of calculating percentage of diversion from the waste stream; recalled recycling enclosures for
businesses in the downtown area, they were removed because of misuse; BFI now provides a variety
of container sizes to suit most businesses who recycle individually. The council concurred with staff
recommendations to prepare a rate adjustment.
Mayor Janney removed item "c" parking study; Councilwoman O'Mahony clarified that the parking
study is only for the Burlingame Avenue area. Vice Mayor Knight asked the City Clerk to note she
would vote in opposition to the Chamber of Commerce request to sell alcoholic beverages at the "Art
on the Avenue" event.
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d
b.RESOLUTION 26-1999 DECLARING WEEDS AND RUBBISH A NUISANCE AND
SCHEDULING A PUBLIC HEARING FOR MAY 17. 1999
Public Works memo of March 26, 1999 recommended council approve a resolution setting a
public hearing for May 17 for the 1999 Weed and Rubbish Abatement Program on public and
private property.
Removed.
ENCROACHMENT PERMIT FOR A PICKET FENCE AT 925 LINDEN AVENUE
Public Works memo of March 24, 1999 recommended council approve this permit subject to
standard conditions.
Public Works memo of March 31, 1999 recommended council approve this permit subject to
standard conditions.
f. AUTHORIZING OUT OF STATE TRAVEL FOR RECREATION SUPERVISOR
Recreation Superintendent's memo of March 19,1999, recommended council approve
Recreation Supervisor Patricia Pinney's attendance at the Calfest Convention in Reno on April
2L-23, t999.
City Manager's memo of March 26, L999 recommended council approve events subject to the
Chamber meeting police conditions and providing insurance coverage approved by the city
attorney: (1) Burlingame Avenue Merchants Sidewalks Sale, April 23 &24 and August2T &
28; (2) Art on the Avenue, September 18 & 19; (3) Holiday Decorations same as prior years;
(4) Burlingame Avenue Holiday Open House, December 3, 1999.
h. REJECT CLAIM OF STATE FARM INSI.]RANCE FOR VEHICLE DAMAGE
City Attorney's memo of February 23, 1999 recommended council reject this claim for vehicle
damage.
Councilman Galligan moved approval of the Consent Calendar, excluding item "c" and noting Vice
Mayor Knight voting against item "g (2)," regarding the sale of alcoholic beverages at the "Art on the
Avenue" event. Seconded by and carried unanimously 5-0 by voice vote.
REMOVED CONSENT ITEM
c.RESOLUTION 27-1999 AUTHORIZING TRANSFER OF FUNDS FOR THE
BURLINGAME AVENUE COMMERCIAL AREA PARKING STUDY - CP 9908
Public Works memo of March 31, 1999 recommended council approve a resolution authoriz-
ing transfer of $85,000 in funds for the Burlingame Avenue Commercial Area parking study.
(,b
Burlingame City Council s05 April5, 1999
e. ENCROACHMENT PERMIT FOR A WOODEN FENCE AT 810 EDGEHILL DRIVE
Mayor Janney asked if this study should include the hotel and office areas east of the freeway. Other
council agreed the focus should be only on the Burlingame Avenue area with a priority to get it done.
Councilwoman O'Mahony moved to approve the Parking Study transfer of funds as recommended.
Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote.
COUNCIL COMMITTEE REPORTS
Councilman Spinelli will be attending Airport Roundtable during the week. Vice Mayor Knight told
about the Lrgislative Committee meeting lack of a quorum. Councilwoman O'Mahony spoke to 3rd
grade students at OLA School as part of Women's History Month. Councilman Galligan attended
meetings on the Youth Advisory Committee and Burlingame Together, he went to the BCE dinner
dance along with some other council members and to the BIS Founders Day; also the opening of
Mollie Stone; he noted all council members attended the Commissioner's Dinner. Mayor Janney
reported attending the JPA for pre-hospital emergency care; the grand opening of Mollie Stone Market
and CMAQ meeting, in addition to other events mentioned by council.
OLD BUSINESS
Vice Mayor Knight expressed concerns about the site of the former Rosti's restaurant on Burlingame
Avenue and a new business at that location being able to use the Rosti's take-out and delivery permit
Staff noted the permit goes with the land, to use it the new food establishment would have to operate
within the conditions of approval on that permit, if they wished to change any aspect, the permit
would be subject to review by the Planning Commission/Council; if another type of retail business
uses the site, the take-out delivery permit would become void.
ACKNOWLEDGMENTS
Commission Minutes: Beautification, March 4; Parks & Recreation, February 18 and March
18; Planning, March 22, 1999.
Department Reports: Police, February 1999. Councilman Galligan noted the figures do not
seem to be accurate so he has asked the Police Chief to check the figures in this report.
Proclamations for: Professional Secretaries Day, April 21; Child Abuse Prevention Awareness
Week, April 19-23; National Library Week, April Ll-17, L999.
Irtter from Craig Cullen, l0l2 Lagtna, regarding a box culvert on his propefty; response
from City Engineer.
Letter from Judy Richmond regarding the Magnolia trees on Broadway.
Petition signed by nine residents objecting to removal of the Magnolia trees on Broadway.
ktter from the Yasinitsky's regarding the large houses being built.
ktter from Fiona Hamilton regarding concerns she has about large houses being built, recent
changes in our business districts, and crossing guards at St. Catherine's School.
a
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April5, 1999 s06 Burlingame City Council
Letter from some Sebastian Drive residents regarding garbage cans being left out all week.
j. ktter from the County Supervisors regarding a meeting on Census 2000.
k.ktter from San Mateo Union High School District Superintendent Mohr with the "Facility
Improvement Report" which will be available to the public in the City Clerk's office.
CLOSED SESSION
At 8:45 p.m., Mayor Janney adjourned to the closed session where council discussed three issues:
(l) threatened litigation in the claim of Jane Sears; (2) threatened litigation in the claim of Terri Fitch;
and (3) conference with city negotiators (City Manager, City Afforney and Public Works Director) to
discuss the proposed land purchase by BART of APN 025-164-101 and 025-165-010 and a 25 foot
easement for plantings extending along the southwest side of Millsdale Industrial Park from the
Millbrae city limits to approximately Dufferin Avenue.
At 9:23 p.m. council returned to open session and the City Attorney reported that council gave
direction to staff during closed session.
ADJOURNMENT
The meeting was adjourned at9:24 p.m.
Judith A. Malfatti
City Clerk
Burlingame City Council 507 April5, 1999