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Home My WebLink AboutMin - CC - 1993.01.20495 BT'RLINGAUE, CALIFORNIA January 20, 1993 CALL TO ORDER A duly noticed regular neeting of the Burlingane city council washeld on the above date in the city Hall Council chambers. Theneeting was called to order at 7:31 p.n. by tlayor Bud ltarrison. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Finance Dj.rector Rahn Becker. ROLL CALL COT'NCIL PRESENT: COT'NCIL ABSENT: UTNUTES HARRISON, KNIGHT, LElllBI, O r Ii{AHONY, PAGLIARO NONE were ap- seconded The minutes of the Regular Meeting of January 4, L9g3proved unanimously on rnotion of CounciLwoman orMahony,by Councilman Lembi . PUBLIC HEARING - SECOND READTNG - ORDINANCE 1478 - AI,{ENDING PROCEDURE FOR RE}IOVAL OF ABANDONED VEHICLES City Attorney reviewed his neno of Decernber 22 s/hich recommendedcouncil hold a pubtic hearing and take action. The California Highway Patrol has approved the San l,lateo County abandonedvehicle abatement program. Starting January 1, 1993 the D}[V willcollect $1 from each registered vehicle in the county to fund theprogram. The cHP has reviewed our ordinance and asked we maketwo rninor amendrnents to clarify that the procedure applies to thehighways as well as other public property and to include noticeto the Department of Justice when a vehicle is inpounded. Thisordinance makes those changes to the city code. CouncilwornanKnight asked about vehicles left on freeways. City Attorney responded vehicles on freet ays are handLed by CHp, and 72 hoursis the minirnun tine before towing on city streetsl police Chief added the tirne tinitation on freeways is four hours. l,layor Harrison opened the pubJ-ic hearing. There being no com-ments, the hearing was closed. Councilman Lenbi noved adoption of ORDINANCE L47A. Seconded byCounciluonan Knight, carried unanirnously by voice vote. PUBLIC COMMENTS Mayor Harrison asked for comnents on any iten other than thewater appeal which would be discussed next on the agenda. Therewere no comments. WATER P Y APPEAL - EILEEN STRAUSS, 112 8 EL NO REAL Finance Di,rector reviewed his memo of December 9 which recommend,-ed council consider this appeal and take action. Mr. and ltrs.Strauss are requesting relief fron 9178.78 penatties from theJul,y and SepLenber billing periods. In Lhese Lwo perrocis, LheStrauss, apartment building used significantly more water thanduring any previous two month period. In November, ttreir usagereturned to normal. They retained a plumber and paid for a citywater flow testi they shot a consistent pattern oi conservative-use and had accumulated a water bank before Ju1y. FinanceDirector asked for council to establish a poticy for sinilarsituations of unexplainable water use penaltiesl Eileen Strauss, appellant, said they contacted a plunber andchecked each apartment for leaks immediately aftei gettinq firstpenalty, they found nothing; the water neter was replaced-andafter that they had no nore unusual usalre; they didl- everything 496 possible to find a leaki she requested relief from the penalties. Council asked her about number of units and if there lrere changesin tenants during that period; about landscaping at site. she responded there are eight units and there rras no change in tenants, they have ninimal landscaping which uses little rr/ater. Councilman Lembi thought this was a similar situation to another where there rras no previous overuse and in which council splitthe penalty with appellant; l,layor Harrison reninded Strauss thatthe city has to pay a penalty to san Francisco for overuse. Councilman Lembi rnoved to split the penalty with the Strausses. seconded by councilnan Pagliaro, carried unaninously. Regarding a policy for sirnilar situations, Councilman Lenbi moved thatstaff offer to split the penalty when under $200 and the cause ofthe overuse is hard to determine r' the appellant uould still have the opportunity to appeal to council. Seconded by Councilman Pagliaro, carried unanimously. OUT-OF-STATE TRAVEL FOR BTJRLINGAME INTERMEDIATE SCHOOL (BTS) AFTER-SCHOOL SPORTS PROGRAM - BASKETBALL TEAMS City Manager reviewed his memo of January L2, 1993 which recorTr- mended aqainst this request for city approval for insurancepurposes. The BfS basketball tean has been asked to participate in a tournament in carson city, Nevada23-24. The school board has approvedjointly sponsored program, the distric approval . Transportation would be by e weekend of Januarybut since it is a so requests cityate cars with parents ,ththistalprivdriving. current city policy does not allow over-night or out- of-county travel for youth activities sponsored by the RecreationDepartment. City Attorney reconmended against this exposure ofthe city to liability. The student,s coach said this is a wonderful experience for thekids, it's sornething they will renenber atl their lives. Becauseof the severe hreather in the mountains, the January 23-24 trip has been canceled. He hoped council would nake a decisiontonight for future trips. Council discussed at length; regarding cornmitnent for subsequent years, three council nembers are up forelection this year and they night not want to nake policy for afuture council; asked about school insurance coverage of otherevents; what about using other transportation where the carrier would be liab1e; how much involvement does the city have in school sports. CounciLman Lernbi said he coached these teams foryears, it's a great experience; parents car-pool their own andseveral other kidsr' parents, insurance is prinary insurancecoverage. Staff and counciL recal.led this tournanent took placelast year, but could not reca11 how j.nsurance issue was resolved. Councilwornan Knight recalled an accident during a recreation sponsored after-school sports program at Lincoln Schooli cityAttorney said the school district refused to take any responsi-bility for that accident. Council asked the City Attorney todiscuss with the county counsel to try to reach an agreementregarding insurance for this type of event next year. RESOLUTTON 3-93 - AUTHORIZING CONTRACT FOR CONSULTANT FOR CITY IIOUSING ELEMENT city Planner reviewed her memo of January 13 which recommendedcouncil consider the responses to proposal and take action to award the job to one of two consul,tants, NeaL ltartin or Robertfronside. We received three responsesi the one fron Sedrray Associates was not responsive to the request for proposal, and lras considerably higher in cost ($30,000); tr,ro other consultants, Neal Martin ($15,950) and Robert Ironside ($18,600), responded toa request for proposal for preparation of a housing elernent,including updating all the required data, anatyzing it, identify-ing housing needs, looking at constraj-nts to providing affordable housj,ng, assisting in reviewing local policies and developing aquantified housing action progran, preparing the environnental document and certification documents. council asked why the Ironside proposal included another consultant, staff said that person woul-d do rrleg workrr; asked about Ironside's experiencewith housing elenents; Planner responded he did the city of 497Millbrae,s housing element and a nunber of other cities. Council agreed the Ironside proposal was nore responsive, including rnorestructured public participation, includes printing and pLaces nolimit on public meetings though it is slightly more expensivethan the Martin proposal, $18,500 as conpared to $15,950. Staff explained the certification process. councilwoman o'Mahony noved approval of RESOLUTION 3-93 approving an agreement with Robert Ironside for preparation of a housing elenent at a cost of $18,600. seconded by councilwornan Knight,carried unanimously. Council asked about tining of this con-tract, staff said data collection and analysis could conmence inrnediately and council may rrant to review a schedule of project benchmarks including public meetings in the next several weeks. APPOINTMENT OF SPECIAL PROSECUTOR FOR MASSAGE ESTABLISHI,IENTS city Attorney reviewed his memo of January 12 which recommended council appoint Martin Mayer of Mayer and Associates as specialprosecutor for crininal code violation proceedings. several arrests rdere made for solicitation of prostitution at Lou's studio and at Executive Spa. The licenses of the nasseuses and operators were revoked by the city Manager and have been appealed to council, hearings lrill be held in the next nonth. In the past the city has hired outside counsel for these appeals. In consul- tation with this company, they suggest the city actively pursue building and fire code violations which were found at these establishments; their experience is that enforcement of these natters as misderneanors is effective in controlling these types of businesses. Councilman Pagliaro asked why the city Attorney could not act as prosecutor; asked where this conpany was located, their experi- ence. Police chief said this conpany was highly reconnended, city needs an attorney representing the city council and another for the police departrnent; this cornpany has a 1ocal office in San l,!ateo, their fees are the usual for outside counsel. Councilnan Lernbi rnoved approval of hiring Martin Dlayer as outside counsel for massage establj,shment prosecution with a maxinun of $2,ooo. seconded by Councilwoman o'Mahony, carried unanirnously. Councilwoman Knight asked about a nassage establishrnent in San Mateo, just over the Burlingame border at Rollins and Peninsula. Police chief noted san Mateo has 17 such establishnents. 1991-92 AUDIT Finance Director briefly reviewed his memo of January 12 \dhich presented the final audit for the 1991-92 fiscal year. There rrere no management letter recommendations in connection with thegeneral financial statenents; there was one comment regarding the Grant Audit requesting Public works change i.ts record keepingprocedure. He complimented his staff for rrorking with the auditors, particularly senior Accountant Linda Lee. council conqratulated the Finance Director and his staff. Councilman Lernbi noted he had been on the council for eight years and everyyear the audit report gets better and better. CONSENT CALENDAR Councilwoman Knight had a question on the location of the ne!, Broadway northbound freeway ramp (b) i Public works Director ex-plained the location adjacent to the Hyatt Hotel. councilwonan o'Mahony questioned a payment to san Mateo county (d); staff explained that was for the Hunane society service contract.After some discussion, councilman Pagliaro requested removal ofthe encroachment permit (iten e). INTRODUCTION OT ORDINANCE 1479 - ESTABLISHING IINO PARKING AT ANY TI!,IEII ON BI,'RLWAY ROAD Public Works memo of January 5 recoNlended council adopt an ordinance establishing no parking any tirne on both sides of a Burhray Road east of Bayshore. As part of Alamo Auto Rent-aI's expansion to the otd Amfac Hotel site, the Planning Comrnission reconmended and the Traffic Conmission supportedelininating street parking on this short congested street. Alamo is required to pay the cost of installation of the noparking signs. b. RESOLUTION 4-93 - APPROVTNG COOPERATIVE AGREEMENT WITH CALTRANS FOR RELOCATION OF ADWAY NORTHBOI'ND ON-RAMP TO HIGHWAY 101 - CP 8531 Public works' neno of January 13 reconnended council approve an agreement with Caltrans for relocating the Broadway on-ranp. The city has been designinq the relocation of this northbound on-ranp adjacent to Easton Creek and the HyattHotel. This cooperative agreement fornalizes the onqoing review and processing of this project. There is no cost tothe city if the project proceedsi if terninated, city pays the state for costs they incurred. c. RESOLUTTON 5-93 - AMENDING AGREEMENT FOR STUDY OF ALTERNATE WATER ROUTES TO SAN ANDREAS WATER TREATMENT PLANT TO INCLUDE TOWN OF HILLSBOROUGH - CP OO7 Public works' meno of January 12 recommended council approve an anendment to the agreement with Stetson Engineers to addthe Town of Hillsborough to the study for alternate routesto the san Andreas water Treatnent Plant; the additionalcost is $8,645 for a total of $40,980 to be shared equally by Burlingame, Millbrae and Hillsborough. d. WARRANTS AND PAYROLL Finance Director reconmended approvat of Warrants 2459L -24922, duly audited, in the anount of $1,221 ,L64.66 (24535 -24590, Library,s run December 75, L992) and Payroll Checks 5253L - 5327]- for the month of December 1992 in the amountof $1,2L0,244.80. Encroachment pernit renoved for separate vote. OF OUT-OF-STATE v Fire Chief,s memo of January 7 recommended counciL approvethis request for the Disaster Services Coordinator to attendthe Emergency }lanagenent Institute,s Earthquake Class June2l-25, 1993 in Emnitsburg, Maryland. There is no cost forthe class or lodging and the city would be reimbursed forthe cost of the flight. Councihronan O'l,Iahony noved approval of the Consent Cal,endar,excluding itern e. Seconded by Councilwonan Knight, carried unanimously by voice vote. REMOVED CONSENT ITEM: e. ENCROACHMENT PERMIT FOR POLE SIGN AT 65-59 CALTFORNIA DRIVE Public works' meno of January 12 reconnended council approvethis perroit for an auto dealer sign on a 30 foot pole in thepublic right-of-way subject to standard conditions. The Planning Cornmissj.on approved with conditions a siqn excep-tion and master sign program for a new Subaru agency. Atthe site of the requested pole sign is an existing srnaller e f pole sign larger po1 pointed ou requi.re abuilding. pla eatt his ced without an encroachment permit. This nel, nd sign replaces the existing sign. It washat to locate the sign onto the property would her sign and change in the roof line of the A representative of the new Subaru agency was present and ex-plained there are two separate auto dealerships on the site so signs cannot be next to each other, if the sign were placed back by the service entrance you would not be abLe to see j-t from the 498 499 street. Councilman Pagliaro rras concerned about the sign over- hanging the sidelra1k, he thought they could ptace the sign ontheir own property. Councilman Lembi moved to approve the encroachnent perrnit. Seconded by councilwonan O r l,lahony, carried 4-1 on ro11 call vote, Councilman Pagliaro voting no. COUNCIL COMMTTTEE REPORTS Criminal Justice: Councihroman Knight heard reports on gangs in San l,Iateo, study of violence against women, SF Giants are spon-soring the East PaIo Alto nidnight basketball games. council ofCities: Sast Palo Alto officials are being encouraged to attendneetings. Airport Roundtable: Councilwoman O,I{ahony reported on a $re1lattended public workshop on airport noiser. there was extensj.onuntil llarch on the noise variance. Airport: councilman pagliaro noted a letter from Lou Turpen, Airport Director, regarding study showing no justification for BART extension to airport qarage. TSl,!: Mayor Harrison reported progress of various cities withTSI{. Hospital: He net rrith sone of the doctors hrho had wrj-ttento council wj.th concerns about the future of Mills/PeninsulaHospital, he also rnet rrith the hospital Vice President, Councildirected a letter to Mi1ls/Peninsula requesting to be included indiscussions about the future of the hospital. City Selection: Mayor llarrison noted that Councilman Pagliaro has sent a letterrequesting the City Selection Connittee appoint hin to ABAG.Council also concurred on appointment of Barbara Seittle of Woodside as SamTrans representative. OLD BUSINESS Councilwoman Knight asked if there had been any citwith the heavy rainfall. Public Works Director repflooding, no serious problens. vport roblems ed on rninor N8W BUSINESS l,[ayor llarrison scheduled an appeal hearing for parking variancesfor 1846 EI Camino Real for the February L7, :-993 nreeting. ACKNOWLEDGEMENTS a b Cornnission Minutes: civil Service, November 9, !992itification, January 7, !993i Broadway BID, December I PLanning, January 11, 1993. Beau- 1992 i Departnent Reports: Decernber 37, 7992. Police, December 1992 ; Treasurer, c. Letter from Lou Turpen, SFIA, regarding a study on BART tothe airport. d. Letter from Pat Bosrrell requesting police enforce pedestriansafety Iahrs. Uayor received a letter from Bob Burrows, Bit of England, re-questing his restaurant be allowed to nove next door. Staff willreport back to council at the next neeting on options avaitablefor this business. IIayor also had a letter from David Najafyrequesting extension of his building pernit without penalty forproperty at 1445 EI camino. Staff will report on this issue atthe next meeting. ADJOURNIqENT The meeting was regularly adjourned at 8:53 ].IhA.M 1city clerk fa