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HomeMy WebLinkAboutMin - CC - 1992.10.19459 BURI,INGA}TE, CAIJIFORNIA October 79, 7992 CALL TO ORDER A dul-y noticed regular meeting of the Burlingame City Council washeld on the above date in the City Eall Councif chambers. Theneeting was ca11ed to order at 7234 p.m. by Mayor Frank paglj.aro. PLEDGE OF ALLEGT ANCE TO THE FLAG Pledge was led by Alan Horn. ROLL CALL COUNCfL PRESENT:HARRISON, KNIGTIT, LE}{BI, OIMAHONY, PAGLIARO NONECOUNCIL ABSENT: MTNUTES The minutes of the Regular Meeting of October 5 | L992proved unanimously on motion of Councj-lman Harrison, Councilwoman O'Mahony. were ap- seconded by PROJECT WTTH DRAWN 7O]. CALIFORNIA DRIVE REO UEST FOR PARKING VARTANCE FOR NEW STRUCTURE Mayor Pagliaro announced this project had been withdrawn by theapplicant. PROJECT WITHD 1408 CHAPIN AVENUE REOU ST FOR TAKE-OUT FOOD PERMIT AND PARKING VARTANCE Mayor Pagliaro announced thisthe applicant. project had also been withdrahrn by LIC HEARING - SE NANCE 1474 ALLOW ARE FACILITIES R E C-3 ZONE ESTABLI SHING REAR SETBACK Mayor Pagfiaro explained the smal1 area near Peninsula Hospital \^rhere the C-3 zone is located. City Pl-anner reviewed her memo ofOctober 9 which recornnended council hol,d a public hearing andadopt this ordj.nance. At the September 23 study meeting councilnoted that financial lnstitutions, the primary land use in thisdistrict, r/trere on the decline and j.t could be benef icial to 1ookat other uses in the distri,ct. Staff was directed to look intoadding group residential- facilities for the elderly because ofthe proxirnity to the hospital and medicaL uses in the area.Staff found that residential uses had been previously allowed inthe district; in the 1970's the residential use was disallowedbut the general plan was not changedi therefore this ordinancecan be adopted without changing the general- plan since residen-tj.af use is al-Iowed in the general p1an. Addition of rearsetback requj.rements would be necessary to specifically protectthe future residential uses from the possible intens j,fication ofexistj-ng office uses since the current regulation has no rearsetback requirernent; she said any conditional use project wouldhave its own environmental- review and go before the planning Comrnission before it could be built; the occupancy or vacancyrate of existing offices in the area is unknown but there areseveral large buildings for saIe,. it was noted there is anapartrnent building in this zone facing ogden. This developnent seems to have preceded the current regulation. Mayor PagLiaro opened the public hearing. Al-an Horn, 1325Paloma, supported the ordinancel seemed Like a good idea. MayorPagliaro closed the public hearing. Councilman Harrison moved adoption of ORDINANCE l-474. Secondedby councilwoman O'Mahony, carried unanimously 5-O by voice vote. 460 IC CO}{}{ENTS Broadway: Karen Key, Director of Chamber of Connerce, thanked Pub1ic Works staff for striping Broadway during early norninghours in order to avoid disturbing shoppers and the opening of a new business. LAFCo: Hos/ard Jones, 1471 Woodbury, San Iilateo, reviewed the I-,AfCo conflict of interests regulations as they relate to theproposed annexation of the Harbor fndustrial Area which islocated in both San CarLos and Belmont and which wants to annexto San Carlos; he felt because of his cityts invol-vement MayorOrton of Belnont should step down from any vote on the issue; inother cases in the past LAFCo members have stepped down fromvotes concerning their jurisdictions. He wished for counci1'ssupport; council noted the problem. Airport Expansion: Todd Robinette, John DeMarco, Duane Spence,Joyce Spence, and Afan Horn, all spoke regardlng the airportexpansion, the airport master plan and the envj-ronmental docunenton the plan. They had serious concerns about noise, air pollu-tion and traffic congestion; they felt air quality was not beingadequately addressed,. noise insulation program proposed byairport; they urged council- not to approve the MOU with theairport; there will be increased flights on Runway One; aircraftidling tirne will increase thus increasing air pollution; airport commj-ssion sent a letter to legislators stating it had an agree- ment r/ith neighbors when it had none, Council discussed withthese speakers; encouraged then to attend the Airport Commissionneeting to share these concerns, Council-r^roman OrMahony said theAirport Roundtable will discuss only the noise aspect of the UOU;their Last meeting was five hours long; they are proposingr to change wording and present to Airport Commission. Mayor noted itis a very complicated issue and the MOU should speak to threeareas: noise insulation, traffic congestion, and noise reduction. FAR Connittee: Adrian McNamara objected to the ninutes of thestudy rneeting regarding the FAR committee, felt the comments on FAR were not in proper sequence; many concerned residents hadIeft,' he urged council to appoint the committee tonight. COMMTTTEE TO STUDY REGULATION OI' RESIDENTTAL MASS Mayor Pagliaro said this item was continued from the Last neet-ing; he felt council needed help visuallzing various FAR configu-rations. Regarding the sequence in the minutes, Councilnan Lenbisaid at the September 23 study rneeting council discussed the FARissue and then took a recess; during the recess San Mateo council mernber Gunbinger happened to mention the San Mateo experience andits use of a comrnittee from the county chapter of the AmericanInstitute of Archltects; after the recess Councilman Lernbibrought that discussion to the attention of council-. McNamarasaid another agenda item was discussed by council before the FARmatter was brought back. Council,man Lernbi said the AIA group isexcellent and he felt it wou]d be helpful . Councilman Harrison hoped for a thorough, objective presentation on FAR and reconmen-dations from the AfA committee. Councilwoman Knight mentionedthe City Plannerrs merno of September 24 hrhich reviewed theprocess the City of San Mateo went through to develop its FARrules; she !'/ou1d like to fol-1ow that process and have the pLan- ning commission participate in the review and to hold publichearings. Councilwoman OtMahony \^ranted technical input from AIA,she would also like a contractor to lrork with the group to lendexpertise regarding costs to homeowners and she thought 1andscap-ing should be addressed. Mayor pagliaro noted there could be conf l-j-cts of interests for architects, and contractors buthomeowners can also have a conf J.ict; he would like to haveilLustrations of the FARs; give suggestions both pro and con;this would be a truty technical committee and would not expressopinions; another concern is timing; if council followed the SanUateo process it coufd take a year; he would set a deadline. Mayor Pagliaro moved to appoint to the committee the six memberssuggested by the AIA, Wayne Gehrke, Robert Blunk, Michaet llilrney- 461 er, Jerry Winges, John S j-mmons-weL l-f ord, c. Thomas Gilman, and also Tom Byrne (contractor) and Bernard Transano (homeowner). asked the cornrnittee to return during January with technical advice for council. Seconded by Councilwoman orMahony. He Councilwoman Knight said she could not support that rnotion; she objected to makeup of the committee and to excluding the horneown-ers and wanted input from the Planning Commission and public hearings. Other council members said the report could be sent onto the Planning Commission in January I there woul-d certainly bepublic hearings; discussed possibility of rnoratorium to preclude a rush of building before FAR changes are adopted. The rnotion carried 4-1 on ro11 caLl vote, Council-n oman Knightvoting no. LAFCo APPLTCATTON TO DETACH FRO BURLINGAME AND ANNEX TO HTLLS- BOROUGH LANDS OF ROGERS 1225 ARMSBY City Manager reviewed his rnemo of September 28 rrhich recornmended counci1 review this request from LAFCo and the county controll-erto consider a property tax exchange as part of the proposed reorganization of one parcel at L225 Arnsby Drive from Burlingameto Hillsborough. This parcel was created in 1988 by subdivisionof a parcel which fronted on Vancouver; the ner^/ parcel receivedpermj-ssion from Hillsborough to access from Armsby Drive; the new owner wants to annex to Hillsborough to clarify jurisdiction for emergency services. Both Hil-l-sborough and Burlingame staff recommend against the reorganization; emergency services have been corrected with the telephone conpany 'r9l-l-r routing; unlessboth cities agree on a tax exchange, the LAFco hearing will notproceed. If council approves of staff position it should move totake no action on the property tax exchange. Barbara Rogers, 1225 Armsby, explained her reasons for wanting annexation to Hillsborough; she has had two experiences with emergency services vhich resufted in confusion of which cityshould servj,ce her home; if there \^rere a l-ife threatening needfor emergency servJ,ces, she did not r^/ant the deLay caused by determining which city should appear. Staff expl-ained that in an energency the first city there woul-d respond and act, right or wrong city; the tel-ephone company had originally progranned herproperty to Hilfsborough because aLL other Armsby addresses arethat cityi this rnistake has been corrected and Fire trucks all have rrrunning books[ which show how to get to her address. Rogers said she was sti11 nervous about this ruatter, she hasthree children and in an emergency she wanted inrnediate response. Councilwoman Knight said she drove past this site and it appearsto be in Hillsborough; she could support the LAFCo reorganiza-tion. I"layor Pagliaro suggested energency personnel be sent a memo regarding the special Location of this house; he aLso requested staff confirm with the tefephone company that the 911 computer has been corrected. CounciLman Harrison moved thatstaff communicate its desire to approve the tax exchange with thecity of Hillsborough. seconded by Councilwoman Knight, carriedunanirnously. council asked about r^/ater and sewer services ifthis reorganization is approved; staff said there are some otherexceptions but exceptions can cause confusion. APPRA rSAL REPORT FOR RHINETTE PARKING LOT APN 026-093-180) Councilman Harri.son mentioned a letter he had received from Town and country Realty regarding this property; other council, membershad also received the l-etter but staff had not. councilman Lembithanked council for continuing this item from the last rneeting;he said the appraisal report r^/as we1l done, it estirnated theva]ue of the Iot at $415,000; he feLt the property should bel-isted for sale through a realtorl the property should not be Locked into sale with the Biscay property next door. Council- woman Knight noted staff had said the city could not be liablefor toxics on the neighboring property; she had always viewed theRhlnette lot as a }ogical parking l-ot for the Biscay property; she thought hre should go out to bid for a realtor. Councilman Lembi said the marketing approach could incLude the Biscay 462 property but because they are ov/ned by tv/o owners they would besold separately; Biscay adninistrators are aware our 1ot is forsaIe. Council directed staff seek proposals frorn realtorslrealtors should present a rnarketing plan, list their l-ocalexperience, they shoul-d be given copies of the appraj.sal report; commission night be negotiable,- perhaps the office council coul-dgive some recomnendations on realtorsl felt three weeks wassufficient tirne to seek proposals. City Attorneyrs nemo of October 9 enc]osed a nemorandum from theCounty Counsel- to the Chairman of the city Selection Committeewhich discussed the issue of disqual i f ication of connittee members when a proposal concerned his or her jurisdiction. covernnent Code Section 56335 a]lows the Selection Committee toprovide for disqual i f ication at the tirne an appointment is nade;it is not clear if a general rufe may be adopted by the SelectionCommittee so this does not have to be decided each time anappointment is rnade. Council discussion ensued,. concern about rnaking decisions whichaffect our city on various conrnittees council serves upon;appointnent of alternate should cover this situationr- codeprovides for the alternate to step down in a conflict; mostcomrnittee invol-vernent is pretty straight-f orward but LAFco can bemore complicated because it involves annexing property andproperty taxes; council felt in this situation Mayor Orton shoul-dstep down from vote; discussed writing a fetter to Mayor orton; Council"nan Harrison said he would see Mayor Orton at a neeting ina couple days and he would relay council rs concern. o AN-AP CITY L City Manager reviewed his merno of October 8 which included aletter of resignation from City Librarian patti Bergsing and a memo fron A1 Escoffier, Assistant Librarian, with his views ofthe role of the City Librarian. city Manager noted patti Bergs-ing has been with the library for 35 years and plans to retire atthe end of December, she is the cj.tyts senior employee. He saidthe city is fortunate to have a highly qualified AssistantLibrarian and he reconmended his appointrnent. Council unaninous-fy approved the recommendation. AI Escoffier received a round ofapplause from council, staff and the audience. LAFCo CONFLICT OF TNTEREST TSSUE 1992-93 BUDG ET REVISIONS COMMI SS IONER APPOINTMENTS City Managerrs nemo of October 13 listed applicants for variouscommissions. Councilman Harrison moved to reappoint incumbentcommissioners to Civil Service Commission and Traffic, Safety andParking for regular terms; and the Mosquito Abatement Districtfor a four year term. Seconded by Councilwoman OrMahony, carriedunaninously. Interviews would be scheduled for the Beauti,fication and the park & Recreation Commission applicants. Councilwoman Knight said she City Managerrs meno of october I recomnended councif approve therevisj,ons brought about by g4o5,OO0 revenue loss to oui city fromthe state budget. He proposed reductions of gl-5o,ooo from 1992-93 capital- Improvements and gt0o,oOO cost shifts of additionalrevenue to GeneraL Fundr. the balance of necessary reductions areproposed to come from reducing six full-time positions city-videover a two year period by attrition. Councilman Harrison moved approvaL of the l-992-93 Budget Revi-sions. Seconded by Councilrnan Lembi, carried unanimously. IvlayorPagliaro asked staff to cone back to council- v/ith any chinges needed to the budget. Councilwoman O'Mahony asked about themaintenance of effort legislation recently approved; City Manager responded staff woufd be meeting soon to discuss that issue. found thelike that list of commissioner term tengths helpful and woul-dincluded with cornmissioner applications. HA},IBER R U VENUE AND SID HOLTDAY O P EN HOUSE ON SUNDAY AFTERNOON. NOV EMBER 29, L992 City Manager reviewed his memo of October 14 which listed fourcondj-tions if council approves this request. The Burlingame Avenue Merchants would like to close Burlingame Avenue and partof some side streets on Sunday afternoon from 1:OO to 5:OO p.n., November 29 for a Holiday Open House. They $rould also like tose1l, rrhot mulled wine.rr Council had concerns about serving wine;Po1ice Chief said he had not met r^rith the rnerchants regardingthis event, has not seen any plans. Karen Key, Director of Chanber, responded to council questions; rnerchants plan to have horse-drawn carriage rides; would like toprovide adult supervision of the barricades. Council asked why this event was scheduled for a Sunday after-noon, has previously been a Friday evening eventl there is aconflict with a 49er game; council agreed about nerchant cleanupand closing the avenue but had difficulty approving a Sunday af ternoon event, this is the Thanksgiving \^rLLXend ind peopl-e vrould be sending children back to school and visitors back home,did not think it was a good time; they strongly recommended themerchants reconsider day and time of event. CounciL unanj-rnouslyapproved the street closurel chamber to provide city with insur-ance certificate; merchants to provide cleanup; no wine sales$/ould be allowed; strongly recommended the merchants reconsidertine of event. After meeting with po11ce, this matter would bereturned to council. FINA L AUDIT OF CLEAN WAT ER GRANT CONSENT CALENDAR Public Works Directorts memo of october 14 revier,/ed the finalaudit of the Clean Water crant of $2,310,000 the city received toconstruct the Mi lLbrae-Burl ingarne SoIid Management Improvementscompleted in 1987. Work was construction of sludge dewateringfacilities at the Burlingarne Treatment plant, construction of apump station at the Millbrae Plant and a sludge pipeline betweenthe two plants. The auditor has reconmended grant funds not beallowed because portions of the project relating to the treatmentof sludge fron }4i11brae are not being used. Millbrae and Burl-ingane staff strongly disagree with the auditor, final determina-tion on this disagreement must be submitted to the EpA by thewater Resources control Board r4,ithin 90 days of the final report;we will have 30 days to nake a response and meet with the goird. After discussion with Millbrae it was decided to get expert helpand a consultant firrn has been hired for a fee not to exceed $19,500, the two cities to split cost. ?his is a major financialexposure to both cities; staff will keep council inf orrned. Regarding dtr the Mayor hril} abstain from the votefirrn represents the consultant; regarding rtcr staff councj-1 questj,ons about contract wording. because his responded to a RESOLUTIO 92-92 - AWARDING CONTRACT FOR WASHIN GTON PARK IRRTGATION PRO JECT cP 92t5 Park Directorrs memo of October 14 reconnended council awardthis contract to B&K Landscaping for the low bid of 931,953for replacement of the 30 year oLd irrigation system servingthe washington Park ball fieLds. b. RESOLUTIO 93-92 - ACCEPTING COMPLETTON OF BERN EASEMENT SEW ER REPLACEMENT cP 908 Publ-ic Worksr memo of October L3 reconmended council acceptthis project completed by Harty Pipelines for 9101,086.98. 463 464 RESOLUTION 94-92 - AUTHoRIZING AGREEMENT I^7rTH SAIVITRANS FoR EL CA}.,IINO REAL TRAFFIC SIGNAL INTERCONNECT Public Works memo of October 9 recomnended council approve an agreenent with SamTrans for construction administrationby city engineers of the interconnection of signals along El, camino Real. The $560,000 cost of this project if prirnarily funded by PVEA adninistered by the State Department ofTransportation, city costs would be $15,Ooo and the citywill be reirnbursed up to $53,000 for staff tine involved incontract adninistration. d RESOLUTTON 9 5-92 - AUTHORIZING REVTSED AGR EEMENT WITH HLA FOR SOLID WAST ASSESSMENT TESTING AND WAT OUALITY }.,IONf - TORTNG PROGRAM Public Worksr rnemo of October 15 recommended council approvethis revised agreement !,rith Harding La$/son Associates (HLA)in the amount of $23,t22 for the l-99L-92 SWAT report andwater monitoring program and $204,400 for 1992-93 water Quality Monitoring Program. ENCROACHMENT PERMTT FOR S IX FOOT CHAIN LTNK GATE ACROSS EASEMENT AT 143 7 BERNAL AVENUE Public Worksr meno of October 9 recommended council approvethis permit subject to condition that a city Lock be placed on the gate so city crew has access to the sewer rnain. ENCROACHMENT PERMIT FOR WOOD FENCE AT 1548 B OILHET AVENUE Public Works memo of October 13 recommended council approvethj-s encroachment permit for wood fence around front yard. APPROVE LANDSCAPING OF TRAFFIC ISLANDS AT BROADWAY AND f h ROLLINS Public Worksr memo of October 13 reconmended council approvea cooperative effort with CalTrans to install, cobblestonesin the traffic isl-ands at the Rol t ins/Broadway intersection. Several- nonths ago council asked staff to correspond t iththe State about the dilapidated appearance of these trafficislands; the state cleaned up the islands and will providethe labor to install cobblestones with the city paying $5,000 cost of materials. The l-ong island on Broad\,ray thatis the sole responsibility of the city will be cobbl-estonedafter installation of the signal j-mprovernent project r^rithinthe next twelve months. AI., OF CLAIM OF city Attorneyts nemo of October 1 recomnended council denythis clairn for towing of a vehicle in a construction zone. WARRANTS ND PAYROLL finance Director recommended approval of Warrants Z3lA7 -23560, dul-y audited, in the amount of $849,659.95 and Pay-roll- Checks 50306 - 5l-046 for the nonth of Septenber 1992 inthe anount of $1, \O4 ,44O.56. .1, Councilnan Harrison moved approval Seconded by Councilwoman OtMahony, Mayor abstaining from item rd.n of the Consent Calendar. carr j-ed unanimously with the OLD BUSTNESS None e. s. COUNCIL COMMITTEE REPORTS Schoo1 Parcel" Tax: CounciLman Harrison said the school districtis considering a parcel tax and a general obligation bond elec-tion in the spring. 465 b Department Reports : Septenber 30, L992. Police, September 1992; Treasurerr s, Letter from Stana$ray lilarket asking outdoor seating for delibe al lowed. A representative from Stanaway Market was present; he said theseating has been there for severaf years. Staff explained thathe would have to apply for a change in the number of alLowedrestaurants on Broadway; he could conduct a count of restaurantson Broadway to see if ful1 number aflowed is used up or if therernight be an opening; 1f not it would require a change of theordinance lirniting number of restaurants. d. l{emo from City Planner regarding change in rninor rnodif ica-tion and hillside construction permit notice procedures. Letter from San Mateo County regarding Surnmit Drive.tree cutting on Three letters from John DeMarco, Todd Robinette and L.B. McKeough regarding concerns about the Airport expansion. Letter from City of Ueasure D. Half Moon Bay requesting council oppose Councilnan Harrison noted he and the Mayor are on opposite sidesof the fence regarding lleasure D; council took no position. CLOSED SES SION CANC ELLATTON OF STUD Y MEETTNG Council- canceled the Study ]"Ieeting of October 2L, 1992. ADJOURNM rN MEMORY OF FLO RA KNIGHT The meeting was adjourned atTreasurer Fl-ora Kn j,ght . 11:39 p.n. in mernory of former city dith A. Malfatti e f g Mayor Pagliaro adjourned the meeting to a Closed Session on labornegotiations and litigation at 10:40 p.n. ity Clerk C. NEW BUSINESS Trees and Fire Danqer: Councilwonan Knight said she received a call from Mr. McFarl,and who lives near Cuernavaca Park; he is very concerned about the Eucalyptus trees in the park and fire danger. Airport: councilvronan o'Mahony asked for councj-1 direction before the Airport Roundtable neeting; lengthy discussion ensued about the airport noise, traffic, air quality and noise insula-tion programs; C/CAG hril1 also be discussing; if the airport put money into insulation program wouLd council support the MOU; the FAA provides most funding for noise insulation, airport onlyprovides srna11 part of those funds, if we accept only FAA funds we might not have to give up air rights to the airport; backblastwill- be increased with expansion of airport, backblast is notaddressed, need to develop measurement, believe they are using a 1,980 CNEL nap; city PLanner said there is a new CNEL map in the EIR documents in which backbl-ast noise is reflected; Mayor saidhe could support MOU if airport put $120 rnillion into noiseinsulation within Lo years . ACKNOWLEDGEMENTS a. Commission Minutes: Civj.I Service, Septenber 8; BroadwayBID, Septenber 8i Planning, October ].3, L992.