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HomeMy WebLinkAboutMin - CC - 1991.10.07274 BURLINGAI.{E, CALIFORNIA October 7, L99L PLEDGE OF ALLEGTANCE TO THE FLAG Led by l"leg Monroe, City Planner. ROLL CALL COI'NCTL PRESENT:BARTON, HARRISON, LEMBI , OIMAHONY, PAGLIARO NONE MINUTES Minutes of the Regul-ar Meeting of September !6, !99L and the Study lvleeting of September .18, 1991 erere approved on rnotion of Councilwoman OrMahony, seconded by Councilman Harrj-son. PRESENTATTON OF PROCLAMATION TO BURLTNGA]I{E LIONS CLUB FOR WHITE CANE DAYS OCTOBER 11 -L2 L99 L COI'NCTL ABSENT: Mayor Peter Barton presented a proclamation for !{hite Cane Days to Lion campani Ie . PUBLIC HEARING - AI,IUSEMENT PERMIT BAYSHORE HTGTIWAY FOR DOROIS BY THE BAY, 1600 City Attorney reviewed his memo of September 3 which recommended.council hold a public hearing and take action. The city hasreceived an application for an amusement permit from the new operators of the restaurant at 1600 Bayshore. The application requests a permit for live music Thursday throuqrh Saturday. ThePolice Department report no problems with the application andtherefore he recommended approval of the permit as requested. The pernit would be reviewed autornatical-Iy in June with the annual review of a1l amusement perrnits. llayor Barton opened the publ-ic hearing. There being no conments,the hearing was closed. Councilman Harrison moved approval of the amusement permit. Seconded by Councilnan Lenbi, carried unanimously by ro11 ca11. INTRODUCTION OF ORDINANCE 1446 - ALLOWING TRAVEL AGENTS AND AGENCIES IN THE I.{-1 AND C-4 Z NES City PLanner reviewed her memo of September 15 which reconmendedcouncil discuss and then j,ntroduce this ordinance if appropriate. A gray area of code implenentation has recentl-y come to theattention of councill the problenatic use is travel agencies inthe ll-1 zone. The problen arises because travel agents and agencies have been a perrnitted first floor use in comrnercial zones which do not allow first floor office use. For this reasontravel agents and agencies have been called a retail service use. Over the years in the M-1 district we have distinguished between wholesale travel agents and retail aqents. Wholesa1e agents are those who exclusively serve a single corporation or two and donot advertj-se to the public; these we have viewed as office uses and extensions of corporate offices. Retait agents are those whoadvertise their services in newspapers, rnagazines, etc., and serve the general traveling public. we have aIlo!,red r^rholesale travel agents in the M-1 and C-4 districts as an office use; the retail agents have been required to get use perrnits under the code section requj.ring conditional- uses for retail services. wepresently have 22 travel- agents/agencies j.n the M-1 district and CALL TO ORDER A duly noticed regutar neeting of the Burlingane City Council lras held on the above date in the city Hall- council chambers. The neeting was calLed to order at 7:31- p.n. by Mayor Gloria Barton. 275 five in C-4; some do not have planning perroits or businesslicenses. This proposed ordinance would list travel agents/aqencies as permitted uses in M-1 and C-4 zones. Councilman llarrison moved to introduce ORDINANCE 1446.by councilwoman orMahony, carrj.ed unanimously. Council confirmed that these businesses do not generate salestaxes for the city; that those without business licenses wiltbiIled. Council members agreed to introduce the ordinance andset the public hearing for October 2L, 199L. be Seconded RESOLUTION 92-9L - APPROVING CONSI'LTANT AGREEMENT FOR FORMATION OF A BUSINESS T VEMENT DISTRICT - BROADI,{AY AND BURIJINGA}IE AVE . City Manager reviewed his rneno of September 30 which recommended.council, review the request from Broadway and Burlingarne Avenuemerchants and the proposed consultant aqreement with DowntownRevitalization consultants in the amount of S27,000. At the Septenber study session, council asked for a proposal frorn theconsultant for formation of a business irnprovement district. Theproposal outlines forrnation of one district with two sub-areasfor Broadnay Avenue and for Burlingame Avenue. The advantage of one dj.strict with sub-areas rather than two separate districtsare (1) savings on fonnation and administrative costs; (2) cooperative joint projects; and (3) one annuaL assessmenthearing. Separate advisory boards, assessment forrnulas andprojects are still possible. For one district sub-area to beinitiated, approvaL is necessary fron the rnajority of merchantsto be assessed. The $27,000 cost for the consultant would betransferred from contingency reserves. Councihnan Pagliaro agreed with the concept of sub-areas with separate assessment billings, hj-s concern was that the Broad$/aysub-area would be overwhelmed by the size of the Burlingame Avenue sub-area; he approved of the city paying for theconsultant cost. Councilnan Lembi agreed. Councilman Harrisoncalled attention to different dates in the contract; he thoughtit was a great idea. Councilman Harrison moved approval of RESOLUTION 92-91 aerardingthe contract and including the city paying cost of consultant. Seconded by Councilnan Lembi, carried 5-O on voice vote. LETTER OF RESIGNATTON FROM TSPC COMMISSfONER KOENTGS Council acknolrledged a letter of resignation frorn Mike Koenigs,Traffic, safety and Parking Commissioner, because he is moving toanother state. City Manaqer noted council is currently receivingapplications for positions on TSPC as well as other cornrnissJ,ons,the deadline i-s October 1,1.. Council.man Lembi rnentioned that he knew how hard it was for Uike Koenigs to leave Burl ingarne r' he has been an excellent conmissioner and s/i1l be nissed. I.{ayor Barton asked for a Letterof thanks to be sent to Koenigs accepting his resignation withregret, wishing hin luck in his new venture and hoping he returnsto Burlingame some day. Councilman Pagliaro suggested extendingthe deadline for application. Council extended the deadline for applications until November 15. COUUISSION REGARDING HIRAM WALKERUEI{O FROI{ PARK AND RECREATION PROPERTY City ltlanager r s memo of September 26 recommended council considerthe attached meno from Ron Burks, Chairnan of the Park andRecreation Comrnission which requested council ask the purchaserof this property to set aside for city athletic field use the southern portion of this property. City Manager noted that thepurchaser has a subdivision map before the Planning Cornmission atthe present tirne and that the ne!, lot may be for sa1e. City 276 Irlanager said and Recreatio ac nC opy of his merno has also been sent to the Park ommission. PARK AND RECREATION COMMISSION REQUEST TO POSTPONE DISCUSSTON OF rI{PROVEMENTS TO FRANKLIN SCIIOOL FIELDS, HIGH SCHOOL TENNIS COI,]RTS Park Directorrs memo of september 25 relayed the Park and Recreation Cornrnission I s request that council postpone discussion, scheduled for the October study meeting, of j.mprovements toFranklin School field and Burlingame High SchooJ. tennis courts. The connission is in the process of reviewing the capital irnprovement priorities of the Park and the Recreation departnentsto see how these projects r{rou1d affect the cityts overallrecreational needs. City Manager suggested counciL defer this study discussion until early in 1992. CounciL concurred. WATER RATTONIN STATUS REPORT City Managerrs memo of September 23 reported the JuIy through Septenber bilting from San Francisco shows our city is underallocation for the seventh straight rnonth. Based on this favorable experience, staff will be bringing before council somerevisions to the water rationing rules and regulations to keepthe landscaping allotment which will expire in December. Cj.ty Manager noted council would hear its first water penalty appealat the next council neeting. LOSS OF CITY FINE REVENUES / INCREASE IN PARKTNG TICKET BAIL city Manager reviewed his memo of september l-7 with the attachedletter fron the County Municipal Courts notifyin increased parking ticket bail fron $11 to $15.result of the new state budget which changes disfines and forfeiture revenue; the city l-oses 50parking revenue and parking ticket baj.1 increase gtrhitri persa he city ofs is the bution ofcent of non-s a result ofsurcharges. The public will see the city as the bad guy becauseof the parking fine increase. Council noted the absence of any representatives from the press hrho could inforrn citizens of this new penalty and the reason forit. councilwornan O I l,Iahony said there would be a rneeting of the Assembly Local Governnent Committee in Sacramento on November 7of at which local government leaders could give input on the Uaddy Bi]1, SB 2550. CANCELLATTON OF OCTOBER STUDY }IEETING City Manager reviewed his memo of September 30 r^rhich informedcouncil that there was a conflict between the October 23 studyneeting and the Candidaters Night on October 23. Since there isonly one itern schedutraffic signals) heneeting. councilman on this iten because or that rneeting ( Broadway / Ca 1i forn ia sted council reschedule or cancel. theiaro said he would abstain from votings well known that he goes to as many led f sugge Pagliricouncil meetings as possible and lrould hate to rniss a neeting. councilnan Lembi moved to cancel the study meetinq. Seconded by Councilman Harrison, carried 4-0, CounciLnan Pagliaro abstaining. RESOLUTION 93-91 - AGREEI.{ENT FOR PROFESSIONAL SERVICES FOR EVALUATION OF THE BUTLDING INSPECTION DIVISION city l,lanager reviewed his nemo of October 3 which recornmendedcouncil approve an agreement with John c. canestro to evaluate the building inspection division at a cost not to exceed $11,45o.At a septenber council meetingT, two citj-zens discussed withcouncil problens they had experienced with the building inspection division; the city has also received numerous other cornplaints over the past eighteen months about processing delays and other prob),ems; during this period we also experienced a high staff turnover and an increase in workload. Although we added an additional plan checker we still have an excess backlog of plans to be checked. In order to review this situation, we suggest anoutside evaluation by John canestro who currentl.y serves on theState Buildj.ng Standards Commission and was a city buildingofficial for lla)rward i he cones highly recommended. The cost ofthis study would be transferred frorn contingency reserve tobuilding inspection professional servj.ces. council"woman orllahony said she would Like to see the scope of thestudy expanded to include a telephone survey of citizens who haveapplied for building permits over the past year. councilnanLenbi thought it a good idea, it would bring specific problerns tothe attention of the consultanti Lernbi had received many ca11sbut could not renember specifically what the problens were. city Manager said he had included names of about eight peopte who haveconplained by rnail or phone, as well as council nembers andstaff, that the consultant would interviewl a telephone surveycould considerably raise the cost of this service and applicantsfor some permits like roofing and water heaters did not haveconplaints; he suggested the consultant proceed with the present proposal" and bring it back to council for review, if rnore inputis needed he could then conduct phone survey. CouncilmanPagliaro did not !,rant all the interviews to be in-house staff. Councilman Lenbi moved adoption of RESOLUTION 93-91 to hire theconsultant. Seconded by Councilwonan Orl"Iahony, carried unanirnously by voice vote. CONSENT CALENDAR CounciLnan Pagliaro thought the city might receive complaintsabout the lights at Heritage Park shining into homes. a. RESOLUTION 94-9L - ACCEPTING COMPLETION OF INSTALLATIoN oF LIGHTS AT HERIT AGE PARK AND LIONS CLUB PARKIN G LOT - CP 9105 Public tlorks memo of Septenber 27 recommended council acceptthe instatlation of liqhtinq at Heritage Park and the cityparking lot adjacent to the L,ions Club as completed by CVEInc. of San Jose in the amount of $7,354. b. RESOLUTION 95-91 - AUTHORIZING AI.{ENDMENT TO AGREEMENT WITH GATES MCDONALD FOR VIORKERS CO ENSATION ADMINISTRATION City Attorneyrs memo of September 30 recommended council approve this interim agreenent with cates McDonald forsrorkerts cornpensation adrninistration i the company proposes an increase in the annual fee from $25,OOO to $39,400.Before we received the renewal proposal. the Finance Director and he had decided to conduct an outside audit of cates I*IcDona1d's handling of the cityrs claims. We are notdispleased with their work, but it has been some years sincea third party revielred the procedures of both theadministrator and the city. en independent justification ofthe fee increase is now an additional reason for the audit;the audit started in late septenber and should be completebefore the end of October. This arnendment will continue thecontract on a rnonth-to-month basis at the new rates. Hewill return to council !'rith a recommendation after audit. c. TSI.{ AUTHoRITY BUDGET City Managerrs meno of September 16 recommended council approve this arnendrnent in the TSU Authority budget showing reduced revenues ($315,200 vs $ag2,800) and expenses ($215,2O0 vs $259,300). The major revenue reduction is ingrant funds; no City of Burlingame user fees are anticipatedthis year. ENCROACHMENT PERI.{TT FOR BRICK WALL T 2 O].2 DAVIS Public Works memo of October 2 recommended council approvethe wall encroachment with standard conditions. d 277 278 f e ENCROACHMEN T PERMIT FOR ADDITIONAL DRIVEWAY T 25-35 INGOLD Public Works nemo of October 2 recommended council approvethis encroachment perurit to install an eleven foot widedriveway in the city right of way subject to standardconditions; this uill help relieve street parking irnpact by adding access to seven parking spaces. TENTATIVE CONDOI,TINIT'M MAP EXTENSION FOR SIX IJNITS AT 1346 EL CAI.,IINO REAL Public Works meno of Septenber 24 recommended council extendthis tentative condorninium map for one additionat year tooctober L6, L993 as reconmended by the pLanning conmission. q. FINAL CONDOIT{INIUI.{ l,tAP FOR TWO T NITS AT 1044 LAGT NA Public Works meno of Septernber 24 recommended counciL concurwith the Planning Conrnission and approve the final rnap. h. FINAL CONDOIqI ITJM MAP FOR THREE T'NITS AT 109 BAYSWATER PubLic Works nemo of Septenber 24 recommended counciL concurwith the Planning Comrnission and approve the final map. i. RESoLUTIoN 96-91 - AI'{ENDING SALES TAx CoNSULTANT AGREEMENT TO PROVIDE AUD T/RECOVERY SERVICES Finance Directorrs memo of October 1 recommended council approve the amendrnent with Hinderliter dellanas andAssociates (HDL) to provide for sales tax audit and recoveryservices on a contingency fee basis. HDL has been providingsales tax statistical analysis services to the city for overone year; IIDLIs prinary servj-ce is auditing of state reportsand recovering J.ost sales tax. Thrrcontingency feerr basis equal to 1 revenue received as a result of thcontinues for tr4ro years and applierecovered; if they find no additiofee. Other cities using thj.s serv Councilman Harrison sai-d a San l1ateo ago Burlingame approved improvements $53,00O; noe, te are working on rnulti-the sewer treatrnent plant. irrn works on a ercent of the new workr' this feeo any back allocation revenue, there is no have recovered lost Times article noted 20 yearsto the sewer plant costingmillion dollar project at efspeirst na1 icetax money as a result of the audit work. Councilwornan O rlqahony noved approval of the consent calendar. Seconded by CounciLnan Harrison, carried unanimously. COT'NCIL COM}TTTEE REPORTS Emergency Services: Councj.lwoman Otlilahony reported on a recentEnergency Services meeting. C/CAG: councilnan Pagtiaro asked for council input on anupconing neeting where C/CAG would vote on suppoit of the rBest Schoolsir neasure. Council discussed briefly, prefer to take noposition and leave to each individuat council rnernber; hated tosee another raise in sales taxes, may drive business avay.Agreed schools need noney, but it should be raised by each localdistrict, not by a general sales tax. They directed CouncilmanPagliaro to abstain fron voting on rrBest Schools.rr Councilman Pagliaro also noted C/CAG r^rould be discussing BayVision 2O2Oi he felt he had a grasp of rnost council coniernsabout local land control and bigger governnent. OLD BUSINESS Oak Grove: Mayor Barton asked what happened to the condo to bebuilt at Oak Grove and EL Canino; the three houses on that site 279 a are deserted and run down. City Attorney will require the ownerkeep site c1eanl City Planner said his pernits expire in ninemonths. Councilman Lernbi said the problern is financing is veryhard to get for condominium projects. Mayor Barton also asked when the water line project would start on oak Grove; she thoughtit was supposed to bL slarted by now. Director of publ-ic Workisaid it will start next week. NEW BUSINESS ADDeaI Hearinq : llayor Barton scheduled an appeal hearj,nq forOctober 2! fot 433 Occidental for constructi-on of a deck and walkway over the creek. soundlrall: councilman Lenbi noted a letter about the freee/ay has no jurisdiction over thissoundlrall; council noted the citymatter; the council wrote to CalTrans about extending the projectto Toyon but calTrans said that could drop the project back inpriority. Council agreed the area alonq the freeway is litteredand needs cleaning; staff said the city will maintain newplantings along the city side of the new soundwall- and the park Director arranges for county prisoners to clear litter. Air Element: Mayor Barton said she received a tetter from CountySupervisor Eschoo asking for an appointrnent to a cornmittee.Staff will review and deterrnine response. ACKNOWLEDGE},IENTS Commission Minutes: Traffic, safety and parking, September12; Senior Council, September 19; Library Board, September17; Park and Recreation, September 19; Planni.ng, September23, 799L. Proclamations: Fire Prevention Week, October 6-12; Mil1sHigh School Week, October L2-L9, !99L. Letter from Winchester Drive residents about soundwall. Letter from San Francisco Airport Office Center regarding arecent fire and praising the Fire Department and the cityrequirements for fire sprinklers. Letter from Stephen Stanich regarding fitter and Iack oftrees on Laquna at Broadway; response fron Park Dj_rector. D1emo from C/CAG regarding upcorning vote on support of rtBest Schoolsrr and discussion of Bay Vision 2020. FROM THE FLOOR co-Presidents of the Mills High school Parent Teacher croup cameforward and rrere presented v/ith the Proclamation for Mi11s HighSchool week. ADJOI'RNI'{ENT IN Y OF CLARENCE RUSCH Mayor Barton asked for a moment of silence in nemory of cl-arence Rusch, a former city businessmen, devoted Lion and Mason, andformer Beautif ication Commissioner. CLOSED SESSION Mayor Barton adjourned the meeting to a closed session onpersonnel at 8:30 p.n. The closed session adjourned at 8:55 p.n. Judith A. UaLfattiCity clerk b c d e f