Loading...
HomeMy WebLinkAboutMin - CC - 1977.11.09 r! 1 A G E N D A STUDY MEETING November 9, 1977 8:00 P.M. 1. Police Department Items a. Adoption of Alarm Ordinance b. Retention of Dog Car c. Police Officer II Classification d. Possible Construction/Financing of Police Facility 2. Environmental Issues a. Water Plan San Mateo County b. Waste Water Reclamation Grant i C. Draft Environmental Management Plan for Bay Area .from ABAG 3. Business License Ordinance Revisions 4. Amendment of Building Designer's Agreement to Complete Plans and Specifications for Park Corporation Yard (Budgeted Project) . 5. Auditor's Report - Peat, Marwick, Mitchell 6. Water Office Staffing 7. Other yJ BURLINGAME CITY COUNCIL �— Study Meeting November 9 , 1977 PRESENT: COUNCILMEN AMSTRUP, CROSBY , HARRISON, MANGINI , MARTIN STAFF: SCHWALM, COLEMAN , KIRKUP, MILLICAN , SWAN , PALMER CITY CLERK HILL Mayor Harrison convened the study meeting of the Burlingame City Council at 8 :05 p.m. 1 . 210 ADDITION TO SHERATON HOTEL Mayor Harrison stated that Mr. Barry Silverton , Mr. Hugh Connolly and Mr. Urban Schreiner were present and the meeting would therefore first consider the matters set forth in Mr. Connolly' s letter of November 8th. In response to the request for tapes of the last City Council and Planning Commission meetings , the Mayor explained that only Planning Commission meetings are taped. Mr. Connolly called attention to an error in his letter prepared late the previous afternoon with little information available. In the second paragraph it was pur- ported that the continuance of an important matter had been made without any reason being stated. He had since received a summary of the Council meeting of November 7th and it appeared Councilman Martin did state a reason . However it is their position that they disagree with the reason for the basic legal position that Council took no action. Having taken no action , as soon as the meeting adjourned Council had no juridiction and the Planning Commission determination and order became final and conclusive as no appeal was made during the period between the action of the Commission and the next Council meeting. "***** any person may appeal such action to the City Council . Such appeal shall be in writing *****" [Burlingame Municipal Cade, §25. 16.070] . He had checked with the City Clerk and was told no written appeal had been filed. "During the same period, the Council , upon the request of any member, shall suspend the order of the commission for the purpose of reviewing the action" N25. 16.070 su ra] . Referring to a summary of the Council meeting , Mr. Connolly said Councilman Martin had stated he wanted both matters brought before Council for hearing some time after November 30th because the City ' s decision on the convention center would have a considerable effect on the variance and special permit. Mayor Harrison had asked if Council had any objection to hearing these matters after November 30th. It would appear clear that Council took no vote and no action . Therefore Council did not, as required by ordinance, suspend the order of the Planning Commission. The meeting having adjourned without any such action , the Commission action became final . However, without waiving any legal rights pursuant to which the permit would be final at this time , they request that the matter be heard at the next Council meeting . Also he would like a determination by Council that it does not feel that the application and the convention center are interdependent . Because the prime interest rate affects the financial situation , further delays from applicant ' s viewpoint are intolerable. -1- Mayor Harrison pointed out that it has been customary for councilmen to call matters up without a written appeal and asked the City Attorney 's opinion. Mr. Coleman responded that the code section requires Council to suspend a commission action when a member requests it so he though Mr. Connolly's point was rather strained. There is no question in his mind that the action of council was proper. As to the hearing , it is correct that the code section says that the matter will be heard at the next regular meeting or the order be suspended for the purpose of reviewing the commission action at the next regular meeting , or at any meeting thereafter to which the matter may be continued. He therefore thinks it is correct that the matter should be calendared for the meeting of November 21st. Councilman Martin pointed out that Mr. Connolly had referred to draft minutes of the Council meeting which had not been approved. His motion at the November 21st meeting will be to continue the matter to the next meeting. Councilman Amstrup stated that he had asked Mrs. Hill over the telephone that the matter be called up for review and asked that she transmit the request to the Mayor. He pointed out that this was the manner in which this has always been done. Mr. Connolly repeated that the Council should have suspended the order of the Commission, and he contends Council did not do so. He added that in a spirit of cooperation while not waiving his client's legal rights , he would be willing to meet with Council at its next meeting to move the matter along. Councilman Martin pointed out that after the hearing, if the ruling is adverse, Mr. Connolly can go back to his position that the permit was approved because there was no order revoking the Commission action. Mr. Urban Schreiner stated that it is their request that the matter be heard on the 21st, but, in addition, they should get an expression from Mr. Martin why it is that it was put over from the last meeting so that if there are reasons, other than his feeling that the additional hotel rooms are tied into the convention center, further delay can be avoided. Increased interest in the financing for the 210 room addition would make it come closer to the 1 .6 coverage recommended by the consultant. He added that they have always looked at these as two pro- jects - different applications ; different plans and a different EIR. Mayor Harrison stated that the demand on Councilman Martin is out of order. Councilman Martin stated that he would not make any further statements and alluded to a presentation at Burlingame High School that day. Councilman Mangini urged action that would be fair to everyone. Mayor Harrison announced that , pursuant to the advice of the City Attorney, the matter would be placed on the agenda for the November 21st meeting of Council . 2. POLICE DEPARTMENT MATTERS A. Adoption of Alarm Ordinance Chief Palmer referred to his memorandum and explained the purpose of the proposed ordinance would be threefold: (1 ) to establish a single franchise so one company only would service alarms terminating at the Police Department; (2) to establish a fee for false alarms which are in excess of three after the first two weeks of `- installation of the alarm; and (3) to furnish the City with income from a fee to be established by Council for monitoring of the alarm (suggested at $5 per month) . -2- In addition to the revenue, the Police Department would end up with a good �- piece of equipment and 20 inch by 11 inch digital printouts . All the companies who service alarms at the Police Department would be eliminated , and only the successful bidder company would service alarms which terminate at the Department, with the other companies contracting with the successful bidder for the servicing of the terminals . He stated that presently approximately 95 percent of alarms are false alarms. He suggests a charge of $25 for false alarms over three after two weeks to become accustomed to the system. Councilman Martin clarified that the customer would pay $5 a month for monitoring the alarm and a penalty for false alarms to the City, and would pay $5 a month to the company who installs his alarm. Councilmen Amstrup and Crosby expressed approval of the proposal . Mayor Harrison asked if there any objections and there were none. Chief Palmer indicated he would send a model ordinance form to the City Attorney. B. Retention of Dog Car Chief Palmer referred to his memorandum and explained that essentially he is asking approval for the acquisition of four new vehicles , but would turn in only three. This would not result in a budget overrun . The Department will have one extra car which would be used with the dogs , that would , of course, eventually have to be replaced. There was no objection to the request. C. Police Officer II Classification Chief Palmer reminded Council that as the final step in the reorganization plan he was asked at a previous study meeting to come back with criteria for selec- tion of personnel for the proposed assignment , Police Officer II . He explained he proposed an assignment, not classification , for police officers with expertise who would assume responsibility in the absence of the sergeant , with a pay increment of 2z percent while on assignment . The assigned officers would assume training of new officers , and he believed would establish accountability below the sergeant level . In answer to Mayor Harrison ' s question he said field officers presently train new officers and are compensated with overtime. Councilman Martin questioned Mr. Schwalm ' s memorandum comment that other departments might feel that they should have the same sort of defined demarcation, since it seemed difficult to see the difference, and we might have laborers I to IV. Councilman Martin suggested that the Fire Department might come in with a similar request. Chief Palmer called attention to differences in other departments , but the lack of demarcation between expertise of police officers . Mr. Schwalm noted that the job classifications and descriptions were different in other instances . In answer to Councilman Martin ' s question about evaluation for selection when duties are the same, Chief Palmer pointed out that he had been asked to prepare criteria for assignment and had done so. Councilman Crosby asked if other police departments have done this. Chief Palmer stated that Los Angeles had started it, but Belmont is the only local city that has implemented it. Councilman Crosby questioned the effect of implementing the program upon salary negotiations . Councilman Martin suggested taking the matter up with Mr. Ward. Mr. Schwalm said the City could inquire of Cooperative Personnel . Mr. Coleman observed that there would have to be a new classification. Mayor Harrison asked if there were any objection to having Mr. Ward give an opinion and , there being none, he directed Mr. Schwalm to contact Mr. Ward and report back. -3- D. Possible Construction / Financing of New Police Facility Chief Palmer said the purpose of his memorandum to Council is to introduce the concept of lease or lease/purchase of a police facility. Morris Daley, Inc. , has done this type of construction for Pacific Gas & Electric and the Telephone Company. They build and lease back over the time period the purchaser/lessor requests. Since we own land on Carolan we could retain the land , have a facility built on it, and then lease it back. The alternate proposal is to sell the land to a developer and lease it back, based on cost of land and construction. The Mayor asked Mr. Millican ' s thoughts. Mr. Millican stated that bond financing is the cheapest manner. The City could borrow at a lesser cost than a developer can . There is a million dollars designated for the police station which could be deposited in a long-term certificate of deposit, and the interest could be used to defray the cost of paying the lease, and the funds used ultimately to purchase the building. Although one might consider using the million dollars to build the facility, the developer is able to take depreciation and other tax benefits . Therefore it might benefit the City to invest the funds at 7 percent, and pay the difference between that and the approximate 9 percent the developer would charge on the lease, and use the principal amount for the ultimate purchase of the building . Chief Palmer added that Council would retain complete control over cost and design, and the term of the lease could be 25 to 30 years. Mr. Coleman, in response to a question , stated that the County on several occasions , including construction of the Hall of Justice and Records , had formed a non- profit corporation which sold revenue bonds. Councilmen Martin and Crosby agreed that was the method used in Daly City for the construction of their police station and City Hall . In answer to Councilman Mangini ' s question about the source of the designated funds , Mr. Millican recalled that Council in the three years from 1975 to 1977 had appropriated over 12 million dollars for a police station. Of that k million was spent on land , consultants and architects , and there is one million remaining. Mayor Harrison questioned whether revenue sharing could be used in the manner suggested. Mr. Millican responded that the point would have to be checked , but it had been determined in talking to the ORS and in correspondence that as long as Council has still appropriated the money, it is still available since it had been appropriated in accordance with general principles for government projects . Mayor Harrison questioned if the money could in fact be placed in a certificate of deposit and actually used 25 or 30 years later, and Mr. Millican replied that he felt clarification is important. Mr. Coleman suggested that the City get a written commitment. Mr. Millican suggested use of the revenue sharing funds for Bayside Park , and the Bayside Park fund for the police station project. He reported one surprising comment was that if, as a result of Council action , there were a decision to sell the property on Carolan, proceeds would not be returned to revenue sharing. Councilman Martin proposed consideration of the possibility of another property for the police station , thereby using revenue sharing funds for that purpose in the light of Mr. Millican ' s comment. Mr. Kirkup reported that the State Division of Highways is transferring its operation to Foster City at the end of this month or next month, so its property behind the Carolan Avenue property will be circulted to the State, County and City. It is about equal in size to the Carolan Avenue parcels. Councilman Martin suggested that the City move toward purchase of the property. Councilman Amstrup requested the status of the Post Office property also be investigated. -4- Councilman Crosby pointed out that Morris Daley had experience with this type �- of construction and would like to talk with Council . Mayor Harrison said the need for a facility has not diminished and asked if there are any objections to asking Mr. Daley to talk with Council In January. There were no objections and Mr. Schwalm was instructed to advise Mr. Daley. Mr. Schwalm reported that Kohlenberg Ford which now rents part of the Carolan Avenue property at $300 a month would like to rent an additional 12 ,800 feet for a total rental of $900 a month. Councilmen Amstrup, Mangini and Crosby voiced approval . 3 . ENVIRONMENTAL ISSUES Mr. Kirkup reported that Council has received the executive summary of the water plan prepared by the County, as well as data prepared for the public workshop in Half Moon Bay, and the letter to the Mayor. He prepared a summary memorandum with recommendations . The City should submit comments no later than November 15th . They will go to the Supervisors for the November 29th meeting . Mr. Kirkup considers the plan good. It has taken reasonable as- sumptions and a conservative approach on the needs of the County to get water. San Mateo County imports water and the report has reasonable population in- creases , has conservation in the future and contemplates we will be using the equivalent of 10 MGD of reclaimed water. If we are going to increase importa- tions the Hetch Hetchy fourth barrel in San Joaquin Valley seems the best alternative. Input from other cities has started. One recommendation is that they reduce the Aquifer use, and Daly City doesn ' t object. Belmont has approved it with recommendations of the Water Awareness Commission. Any planning for new sources should be after a two-year trial of conservation and an expanded use of reclaimed water, and an agency should be designated to monitor water use. The City Engineer ' s memorandum lists five recommendations : Management of Hetch Hetchy and the San Francisco water system on the basis that all water users participate in the management; that an emergency plan be prepared within one year; that any rationing be on an overall allocation with local management of its allocation; that a fourth San Joaquin Valley pipeline be pursued; that the plan be based on population projections , water conservation and wastewater reuse; and that the County support San Francisco in protecting its Tuolumne River water rights. Mr. Kirkup cautioned against conservation so tight that if there is another drought the cutback will cause hardship. Councilman Amstrup approved Mr. Kirkup ' s recommendations . Councilman Martin asked if there had been discussion in the County about the formation of a metropolitan water district, and when Mr. Kirkup reported that there had been negotiations with other counties , Councilman Martin suggested that the water districts in the San Joaquin Valley be brought into the metropolitan water district, if formed , so that future problems under the Raker Act will be avoided. Mayor Harrison advised Mr. Kirkup that he has Council support of his recommendations . -5- B. Wastewater Reclamation Grant Mr. Kirkup reported that last year the City had a, study done by Brown and Caldwell regarding use of reclaimed water in Bayside Park. Since that time the regulations for using reclaimed water on parks have changed and more costly plant improvements are required to meet them. The City has asked the Water Quality Control Board for grants to improve our plant, but it will be necessary to get a further feasibility report. The Board will give the City a grant if they have the four items listed in his memorandum. He is request- ing direction from Council to proceed at this time , and, if that is Council ' s determination, he will proceed to get proposals for the study. In answer to Councilman Mangini ' s question about use of reclaimed water for irrigation at the schools , Mr. Kirkup said additional work at the treatment plant is neces- sary before the reclaimed water may be used. Coucnilman Amstrup asked if the grant concerned the proposed lagoon and dam. Mr. Kirkup replied that part of the study would be the first step. With Council ' s approval , Mr. Kirkup said he would send out requests for proposals and come back with the consultants ' proposals . C. Draft Environmental Management Plan for Bay Area from ABAG Mr. Kirkup commended the County report on the draft environmental management plan . He said it is essentially a summation of his position aside from the cost. There are a number of disadvantages, including that it is a rather large study, and he is not convinced it is necessary unless it has to do with the peripheral canal . Councilman Martin commented that this matter is going to be before Council constantly until next April , so it would be well to become familiar with it for he would need direction from Council . Referring to the newspaper tabloid edition of the Report for the Draft Environmental Management Plan prepared by ABAG, Councilman Amstrup asked if it would be possible to have distribution to all the residents of Burlingame. Councilman Martin said bulk copies could be obtained from ABAG at cost, and Mr. Kirkup suggested including a copy with each copy of the Recreation Bulletin when it is sent out in December. Mayor Harrison directed Mr. Kirkup to investigate the cost of 9 ,000 copies . 4. BUSINESS LICENSE ORDINANCE REVISIONS Mr. Coleman reminded Council that several months ago a proposed revised business license ordinance had been discussed which was based on the concept of a flat fee and a fee per employee. Basically it is a $40 fee for each business plus a fee of $5 per employee on a scale. The purpose is to bring in more revenue commensurate with services . Another aspect is the concept of a license fee on rental property and residential units over five, because they are income producing and the City provides services. After receiving Council comments he plans to circulate it to the Chamber of Commerce and Board of Realtors to get their responses . He said he would like Council ' s comments before the ordinance is set for hearing . Councilman Amstrup questioned fees for rental of cars , which he considered a poor land use. Mr. Coleman commented that the fee could not be based upon individual cars , but he would like to turn from a license fee to volume-of-business which would be more equitable for scaling revenue. Councilman Mangini questioned the fee for home rentals , and -6- Mr. Coleman explained that there would be no business license fee for less than four rental units. Councilman Martin suggested that there should be a structured public hearing before the ordinance gets to the hearing stage. The Mayor agreed . He directed Mr. Coleman to make contact with the Chamber of Commerce and Real Estate Association and to follow through with Councilman Martin ' s suggestion for a public hearing . Mr. Schwalm called attention to the time element involved for the Finance Department to change over under a new ordinance before the beginning of the fiscal year. 5 . AMENDMENT OF BUILDING DESIGNER'S AGREEMENT FOR PARK CORPORATION YARD Mr. Kirkup called attention to this year' s budget approval of a new corporation yard building for the Park Department. Originally two buildings were planned , but the final approval was one building which is combination of both. The agreement with Ralph Button , the architect, will require amendment to complete plans for the revised structure. He has agreed to do the work on an hourly basis with a maximum cost of $1 ,600. Also , the projected construction costs vary from $15 per square foot to $25 per square foot. Hopefully the bids will come in at about $19. It is Mr. Kirkup ' s recommendation that Council approve amendment of the agreement to prepare plans for the revised structure so the 1 percent increase per month in building costs won ' t affect us too much. At Councilman Amstrup ' s request Mr. Kirkup pointed out the need for architectural plan changes on the previously prepared plans and pointed out the major change in foundation configurations , etc. Councilman Martin pointed out that though the architect will charge full hourly rate up to $1 ,600 maximum, he has a lot �. of data already. He reminded Mr. Kirkup that the budget is $53 ,000, and Mr. Kirkup responded that the bid will have to come in at about $18 per square foot for the 2,970 square foot building. Councilman Martin suggested that Mr. Kirkup direct Mr. Button to begin the changes immediately and not await execution of the revised agreement. 6. AUDITOR' S REPORT Mr. Schwalm called attention to the recommendations of Peat, Marwick, Mitchell following their audit . The budget control suggestions which were before Council earlier in the year have never been acted upon , and the auditors are now recom- mending them. He concurs with the auditors and the Finance Director. They also recommend that the Library special fund be administered throught the Finance Department. Mr. Karmel years ago ruled that there could be a special fund handled by the Library Board . There are about $9 ,000 of committed funds , part of it gifts . Even Mr. Maddox always recommended that it be administered through the City Treasurer. The third matter is a suggestion for an independent audit committe made up of councilmembers and others they may appoint. Mr. Millican added that since he initiated the request for budget controls he has a strong feeling that they are important. He would like to eliminate departments initiating purchase orders when there is not money in the budget to pay for the items . He feels Council should establish rules to determine where funds are to come from. Councilman Martin recommended that the audit committee suggested in Item 3 be established and that they come back to Council with their recommendations on the other items . He suggested that two members of Council meet with whomever they wish as an audit committee. Councilmen Amstrup and Crosby agreed to serve as the audit committee. Mayor Harrison -7- asked the audit committee to meet with the auditors and report back to Council . 7 . WATER OFFICE POSITIONS Mr. Schwalm referred to his memorandum regarding water office positions as affected by the retirement of Mrs . Leigh . He recommended that Lorine Gandolfi be designated as water office manager at the classification of Account Clerk III , and also the change of classification of Cheryl Kuehner from Account Clerk I to Account Clerk II because herduties have changed substantially. There were no objections from Council . 8. OTHER A. Garden Pick-Up Mr. Kirkup reported that, as directed by Council , he had discussed substitution of a trash pick-up alternately with a garden pick-up with the scavenger company. They would be willing to talk with the City about it, but there are reservations that everything would have to be placed in containers so the streets would not look trashy, and there would have to be a limitation on size. Councilman Amstrup observed that it may cost a bit more, but the City would dispose of trash so that it isn ' t thrown around town , and it will save money in the long run . Councilman Crosby questioned how the public would be advised of the schedule of pick-up . Mr. Kirkup said there is presently a map with a schedule at City Hall and that a copy could be included in the Recreation Department bulletin , along with an explanation of the service. When the land fill is phased out we want to initiate this program. B. Zero Base Budgeting Mr. Millican reported on his recent trip to a finance officers ' training seminar in Denver. He briefly outlined zero base budgeting objectives as compared to line item budget weaknesses , defined the zero bam budgeting process , its characteristics , management and impacts . Representatives from municipali - ties in Delaware and Texas which had implemented zero base budgeting had re- ported to the seminar their experience in their opposite retrenchment and growth communities . Mr. Millican asked if Council would be interested in participating in a four to six hour seminar for Council and department heads for training in zero base budgeting concepts and how it can be adopted in the City of Burlingame. Councilman Amstrup approved the idea and suggested that such a session be scheduled early in the year so we can gear up for the next budget session . Mayor Harrison asked that such a seminar be scheduled after the first of the year. The meeting adjourned at 11 :00 p.m. Noted: A. Keating -8-