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HomeMy WebLinkAboutMin - CC - 1993.08.0213 BIJRLINGAME, CALIF'ORNIA August 2, L993 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 7:33 p.m. by Mayor Harrison. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Fire Chief Malcolm Towns ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NONE MINUTES The minutes of the Regular Meeting of July L9, 1993 were changed on the fourth page regarding Councilwoman Knight's reference to bill number 629 and Councilwoman O'Mahony's vote at the Airport Roundtable and C/CAG. Those minutes were then approved unanimously on motion of Councilwoman O'Mahony, seconded by Councilwoman Knight. The minutes of the Study Meeting of July 2t, 1993 were unanimously approved on motion of Councilwoman Knight, seconded by Councilwoman O'Mahony. ADDITION TO AGENDA Mayor Harrison requested council add an agenda item under New Business to propose a question be put on the November 2 ballot asking whether city council meetings should be televised. The deadline for placing items on the ballot is this week. Councilwoman O'Mahony moved the addition to the agenda. Seconded by Councilwoman Knight, carried unanimously on roll call vote. PUBLIC HEARING - APPEAL FOR HILLSIDE AREA CONSTRUCTION PERMIT FOR ADDITION TO 2760 BURLINGVIEW - DENIED WITHOUT PREIUDICE City Planner reviewed her memo of July 27, 1993 which recommended council hold a public hearing and take action. The architect, James Chu, is requesting a hillside area construction permit to add a second floor of 1106.5 SF and add 114.6 SF on the first floor of the single story house at 2760 Burlingview. Two neighbors across the street called the project up for review by the Planning Commission. The Planning Commission voted unanimously to deny the request; previously the applicant submitted a project for a new, substantially larger house to be built on the site. That project was continued by the commission because of view impact. The applicant chose to withdraw the new house proposal and submitted the current proposal to remodel the existing house. A letter in opposition from the Erwins was received after preparation of report. Mayor Harrison opened the public hearing. The architects, James Chu and Jennie Wong, were present and noted that most of the view is more impacted by trees; told how they attempted to reduce the amount of impact; agreed the Erwins' view from kitchen eating area would be affected; 14 presented booklets to council with photographs of views from various sites; did not believe views were significantly affected. Council asked if the property owner planned to continue renting this property or to sell it; why had they not talked to neighbors about addition; agreed most of view is blocked by trees; asked if applicant was aware of city laws about views; Chu responded the owner plans to live there and they are aware of city laws. Mayor Harrison closed the hearing. Council discussed visits to site; thought architect could find a method to reduce impact of view loss; would like to deny without prejudice so they can come back directly to council; plans are very well done; there is little view being blocked; this project similar to another a couple years ago, could approve with a little "reshaping"; lower roof line in corridor between trees to reduce view loss to the Erwin property; council had concern about second stories in hillside area. Councilwoman O'Mahony moved to deny this project without prejudice in order for the architect to redesign and come back to council. Seconded by Councilwoman Knight, carried unanimously by roll call vote. PUBLIC HEARING - RESOLUTION 53-93 - PLACING ASSESSMENT ON 1993-94 TAX ROLL FOR WEED AND RUBBISH ABATEMENT PROGRAM - CP 9303 Public Works Director reviewed his memo of July 16 which recommended council hold a public hearing and adopt a resolution fixing the assessment in accordance with the attached report. The City Engineer posted the subject property, contracted for weed and rubbish removal, billed the property owner which bill was not paid, and gave the City Clerk the assessment report. The Clerk has published the required notice as specified by law. Once council adopts the resolution, the assessment will be transmitted to the county assessor for placing on the L993-94 tax roll for collection. Councilwoman Knight was surprised there was only one propefiy listed; Director said this property was from last year's job; many were posted and most cleaned their own property or paid the city bill for cleaning. Mayor Harrison opened the public hearing. There were no comments; the hearing was closed. Councilman lrmbi moved adoption of RESOLUTION 53-93. Seconded by Councilwoman Knight, carried unanimously by roll call vote. Mayor Harrison mentioned a letter regarding weeds in the alley behind Paloma; Director said summer crews are now cleaning alleys; Mayor asked Director to correspond with the resident. PUBLIC HEARING - INTRODUCTION OF ORDINANCE 1488 - ESTABLISHING SEWER RATES FOR 1993-94 Public Works Director reviewed his memo of July 26 which recommended council introduce this ordinance and hold a public hearing. EPA regulations require that operation and maintenance costs of the public sewer system be paid from user fees and the EPA specifies the method of calculating the rate based on flow and loading. In calculating the rate, the revenue required was reduced by the estimated amount to be received from Burlingame Hills and Hillsborough based on agreements with those entities and their flows and loadings were removed from the program. The proposed rates were based on the adopted L993-94 budget and included a bond debt of $1,359,166 and capital improvement funds of $200,000. The bond debt increased substantially because payment on the COPs for the current expansion is due in 1993. Proposed rates show an increase of 7 to 10.7 percent. Since council will have only one meeting in August, the second reading and adoption would be at the meeting of September 8. The ordinance provides the rates become effective September l, 1993, therefore the public hearing should be held tonight. 15 Mayor Harrison opened the public hearing. There were no comments and the hearing was closed. Mayor commented our city still has one of the lowest rates of nearby cities. Councilwoman O'Mahony was confident the proposed rates were reasonable; rates are half cost of Millbrae's; council asked about rates for churches, schools and hospital. Councilwoman Knight wanted residents to know rates are increasing because of state mandated improvements our city was required to make to sewer treaunent plant; she was also concerned about holding the public hearing at this time. Councilwoman O'Mahony moved to introduce ORDINANCE 1488. Seconded by Council- man Pagliaro and carried unanimously. PUBLIC COMMENTS Mayor Harrison mentioned the lengthy presentations council has heard recently under public comments; he encouraged less dialogue and might limit speakers to three minutes. Glenn Mendel- son, 475 Cumberland, presented papers to council regarding Peninsula Hospital; briefly reviewed the transfer of seven pieces of properly from Peninsula Hospital to a private agency which is not subject to the Brown Act; he requested the Mayor write the District Attorney to investigate. Councilman Pagliaro told Mendelson that the DA had jurisdiction over criminal prosecutions, this is a civil matter and recommended against council referring this to the DA. REOUEST FROM CHAMBER OF COMMERCE FOR STREET CLOSURE AND SALE OF BEER AND WINE AT BURLINGAME AVENUE ANNUAL ART FAIRE. SEPTEMBER 25-26 City Manager reviewed his memo of July 26 which recommended council review the request and take action. The Chamber is requesting to close Burlingame Avenue from California to El Camino Real up to driveway of Chevron Station, and to close Lorton, Park and Primrose Avenues at Burlingame Avenue during the hours of the fair on Saturday and Sunday, September 25-26; the cross streets will reopen by 8:00 p.m. The art faire booths will remain on the street overnight and the promoter will provide security. The Chamber also requests permission to sell beer and wine at this event. Profits from the faire will be used for holiday decorations. The Police Chief listed conditions for approval in his attached report. The Finance Director also requested the Chamber provide a booth for BFI to distribute recycling information, place recycling and trash containers out for the fair and the Chamber use recyclable containers for beverages. Police Chief mentioned the Chamber has requested commemorative glasses be used for the beverages, he had no objections if council approved. Councilman Pagliaro asked how the alcoholic beverage sales went at the recent Broadway Festival; Chief said there were no problems reported regarding alcohol. Councilwoman Knight favored the idea of street faire but was opposed to sale of alcohol on the street when there were so many restaurants and bars on the street where people could drink if they chose, and where the sales could be better controlled; she asked to divide the issues for separate votes. Terry Pimsleur, the promoter, Sam Malouf, and David Dornlas, merchants representing the event, said the improvement district failed to pass on Burlingame Avenue so they are attempting to raise funds for Christmas decorations, they urged support; showed sketches of proposed decorations. Councilwoman O'Mahony asked how they could accommodate the Smoke Shop which relies on quick stops from early morning customers; Pete Umland of Smoke Shop said he was satisfied they could find a way to accommodate his store, he supported the idea of the faire for this year; there was discussion of parking/no-parking zones near shop, agreed merchants would work something out with police. Council was pleased with the idea. 16 Councilwoman O'Mahony moved to approve the Burlingame Avenue Art Faire event street closure for September 25-26. Seconded by Councilwoman Ifuight and carried unanimously. Councilwoman O'Mahony moved approval of the sale of beer and wine at this event with police conditions and allowing a coilrmemorative wine glass to be sold. Seconded by Councilman lrmbi and carried 4-I on roll call vote, Councilwoman Knight voting no. CANCELLATION OF AUGUST 16 AND AUGUST 18 COUNCIL MEETINGS City Manager's memo of July 26 recommended council cancel these meetings as suggested when council adopted its annual calendar. Councilwoman Knight moved to cancel the meetings. Seconded by Councilwoman O'Mahony, carried unanimously. C/CAG DRAFT 1993 CONGESTION MANAGEMENT PLAN Director of Public Works reviewed his memo of July 27 which recommended council concur with staff's plan to comment on our city's concern about trip rates differential. C/CAG rates show more trips generated than our city model. Our city trip generation rates are based on airport orientation and actual trip surveys while C/CAG rates ignore the relation to the airport and use standards based on many studies throughout the nation. Actual area studies are more accurate when they are available. Since both traffic impacts and mitigation costs are based on trips generated, this could negatively impact our bayfront development. One chapter of the draft plan indicates their rates would be used, while another chapter appears to allow C/CAG to approve models used by local jurisdictions. He planned to submit our city's concern about this difference in the draft plan. Council discussed with Director, wondered how we could get them to accept our trip generation rates and what if they don't; recommended a cover letter from the Mayor. CONSENT CALENDAR Councilman Irmbi removed item "c" regarding the library architect contract; Councilwoman Knight removed item "e" regarding graffiti. Councilman Pagliaro said he would abstain from item "i." PAVER BLOCKS - CP 9213 Public Works memo of July 28 recommended council accept this project as completed by AMBO Engineering in the amount of $23,577.93. RESOLUTION 55-93 - AWARDING CONTRACT FOR 1993-94 TREE PRUNING PROJECT - CP 9311 Park Director's memo of July 29 recommended council approve an agreement with Cal West Tree Care for the annual trimming of Eucalyptus throughout the city for the low bid of $29.40 per man hour with a maximum of $60,000. c. Removed. a. d. DENIAL OF CLAIMS: (1) DAVID FOGLE: (2) JULIA BOCALETTI b. 17 e. f City Attorney's memos of July 22 recommended council deny these claims for (1) injuries from a bike fall and (2) injuries from a sidewalk fall. Removed. EMPLOYEE RECLASSIFICATION - LIBRARIAN I City Librarian's memo of July 28 recommended council approve reclassification of the full time Library Assistant III to a full time Librarian I to supervise the Easton Branch Library. s. 1992-93 BUDGET ADJUSTMENTS Finance Director's memo of July 26 recommended council approve transfer of funds from the Contingency Appropriation to cover budget ovelruns for the Attorney of $14,000; Fire of $8,500; Disaster Preparedness of $2,500; Dump Operations of $106,000; and Recreation of $25,000. Preliminary expense figures show the General Fund expenditures to be about $560,000 less than budgeted, however these five budgets exceeded their appropriations and council must approve a transfer to cover these funds. h.RESOLUTION 56-93 - AUTHORIZING AGREEMENT FOR PAY PHONE ON CITY SIDEWALK AT 1249 BROADWAY Public Works' memo of July 27 recommended council approve this agreement with the condition that the Continental Payphone Corporation relocate the payphone it installed on the building wall to 12 inches from the face of the curb and pay the city 17 percent of the gross usage as Pacific Bell does. (1) RESOLUTION 57-93 - AUTHORIZING CONTRACT FOR LANDFILL WATER OUALITY MONITORING - CP 9313 (2) RESOLUTION 58-93 - AUTHORIZING LABOP.ATORY CONTRACT FOR WATER SAMPLE TESTING - CP 9313 (1) Public Works' memo of July 26 recommended council approve an agreement with Harding Lawson Associates for the water quality monitoring program of our landfill required by State law; annual contract amount is $64,979; HLA has been conducting this program for the city for several years. (2) Public Works' memo of July 26 recommended council approve an agreement with ETc/Mid-Pacific Laboratories for testing of the water samples from the landfill as submitted from HLA. INTRODUCTION OF ORDINANCE 1489 - ESTABLISHING OFFICE OF FINANCE DIRECTOR/TREASURER City Attorney's memo of July 28 recommended council introduce this ordinance for a public hearing on September 8; in 1991 voters approved a measure making the elected city treasurer position appointed and combining it with the Finance Director position. This ordinance will amend the city code which now refers to two separate positions. The present City Treasur- er's term expires on election day, November 2, 1993. j i. 1B k.(1) RESOLUTION 59-93 - ELECTING THE CITY OF BURLINGAME TO BECOME SUBJECT TO STATE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES (2) INTRODUCTION OF ORDINANCE 1490 - IMPLEMENTING INFORMAL BIDDING PROCEDURES Finance Director's memo of July 27 recommended council adopt a resolution to elect that our city become subject to the State Controller's cost accounting policies and procedures; as incentive to use these policies, the State would allow higher limits for informal and formal bidding of public projects. Public project of $25,000 or less may be performed by city employees, negotiated contract, or by purchase order (presently all projects over $5,000 are subject to formal bidding). Projects between $25,000 and $75,000 can be let by informal procedures (the ordinance institutes informal procedures), and all public projects over $75,000 must be let by formal bidding procedures. Councilman kmbi moved approval of the Consent Calendar, excepting items "c" and "e" and with Councilman Pagliaro abstaining from "i." Seconded by Councilwoman Knight and carried unani- mously. REMOVED CONSENT ITEMS c CONCEPTS City Librarian's memo of July 28 recommended council approve an agreement at a cost of $49,500 with Cynthia Ripley for development of three concept studies looking at the exterior visual character of the reconstructed library building: (1) saving the existing 1930's wings and rebuilding behind them; (2) demolishing the existing building and replicating the existing wings at grade; (3) developing a new scheme which takes advantage of entire site and creates a two story library. Councilman l.embi thought council had asked for two concepts, one to retain 1930's wings and another to show a new at-grade library; he thought we could save $32,000 and just get a concept for saving the existing 1930's wings and building around them; did not think we needed the other concepts. Other council members said they had come to agree with Pagliaro's hope of keeping the historic building; kmbi was worried when architect said it couldn't be done with 1930's look. Staff explained she was saying that if we rebuild entire site, it would not be as close to the original as the fire station reconstruction; noted this is just schematic phase. Mayor agreed council asked for two concepts, new or keeping 1930's wings. Councilwoman Knight found it interesting the Library Board is favoring reconstruction; city does not have a choice, the buildings are not earthquake safe or handicap accessible, she would like to see what it could look like built at grade. Councilman Pagliaro felt it critical we keep the 1930's wings, "if we destroy the past, we destroy the future. " He supported concept 2A, removal of the Duncan building and continuing the high windows into the new phase. Mayor asked long-time library supporter Woody Knudsen, 315 Occidental, to come forward. She was pleased that council desired to keep the old facade; it's important to preserve these things for our children; we should try to make something new out of something old and retain the flavor of the library we love. Staff noted keeping the old wings would make the construction more difficult but was sure the architect would be able to work it out; council would again meet with architect when schematic drawings are done. Councilman kmbi moved to proceed with only 19 e the schematic drawings which keep the 1930's wings. Seconded by Councilwoman Knight and carried unanimously. APPROVE BOY SCOUT PROJECT - GRAFFITI REMOVAL City Manager recommended council approve this volunteer project proposed by the Police Chief's memo of Jlly 22. Chief received a proposal from resident Joe Marchetti of Marchetti Construction which would underwrite the cost of materials and Boy Scout Troop 101 would provide the labor. Councilwoman Knight was concerned about these youngsters working on removing graffiti from private property and possibility of city liability. City Attorney explained they would need to get owner's permission before proceeding; he noted our merchants are extremely responsive to removing graffiti. Councilwoman O'Mahony moved approval of this project. Seconded by Councilman Pagliaro, carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman Knight reported on Council of Cities, Criminal Justice and Peninsula Hospital Task Force meetings. Councilwoman O'Mahony told of a meeting with Assemblywoman Speier that she and the City Attorney attended. OLD BUSINESS Councilwoman Knight said La Pinata has tables, chairs and umbrellas which encroach into walkways. Staff will contact them. Councilman Pagliaro was very pleased with the effect of the tables, Burlingame Avenue looks much better; he would like to look into other beautification ideas. NEW BUSINESS Mayor Harrison set a public hearing for the appeal of Jiffy Lube at 1501 El Camino for the September 8, 1993 meeting. RESOLUTION 61-93 - CALLING FOR SUBMITTAL OF ADVISORY PROPOSITION CON- CERNING TELEVISING COUNCIL MEETINGS TO THE VOTERS ON NOVEMBER 2. 1993 Mayor Harrison said after reading news coverage of the televising issue, he had second thoughts and asked that council reconsider putting this issue on the ballot for an advisory vote. The question: "would you want regular Burlingame Ctty Council meetings to be televised on local cable television if the equipment and installation could cost $80,000 of taxpayer's money and/or an increase in cable subscriber monthly fees?" He noted about 59 percent of residents are cable subscribers. Council- woman Knight has always been in favor of televising council and planning meetings; she questioned estimating cost at $80,000 and asked that low end cost also be mentioned; told of other cities which are delighted with coverage; she would like to see notice of meetings on cable's community bulletin board. Staff reviewed high end cost of instituting televising was $85,000, but could cost as low as $23,000. Mayor suggested $40,000 to $80,000 range in ballot question. Councilman Pagliaro said he had voted against this idea several times already; he was adamantly opposed but he would vote in favor of putting on ballot. Councilman kmbi noted the issue is very nice, like apple pie and 20 b. c. a Council discussed and City Attorney noted it is illegal to blow materials into streets. motherhood, but there is lots more to it and he did not believe it would work to our advantage, he would vote against it. Mayor Harrison moved to put the advisory question on the ballot, with a change to cost range of $40,000 to $80,000, by adoption of RESOLUTION 61-93. Seconded by Councilwoman O'Mahony, carried 4-1 on roll call vote, Councilman kmbi voting no. Councilman Pagliaro asked if cable could put agendas on television and perhaps results of council votes on agenda items. Councilwoman O'Mahony told of a Millbrae resident watching the council meeting on cable; he dozed off and when he awoke at 2:N a.m. the meeting was still on. Councilwoman Knight said perhaps cable could put on Planning Commission agendas as well which could list addresses being reviewed by commission. ACKNOWLEDGEMENTS Commission Minutes: Broadway BID, June 8; Senior, July 15; Park and Recreation, July 15; Planning, July 26, 1993. Departrnent Reports: Fire Department Second Quarterly Report, April-June 1993 ktters from Lynn McDonald on behalf of the Beautification Commission and from Gerald Regoli regarding leaf blowers blowing debris into street. d. Wheelabrator EOS annual report. e ktter from Martha Rosman regarding changes to library. Mayor asked staff respond on council's action tonight. f. I-etter signed by 2L residents on Fairfield Road regarding zoning on 800 block of El Camino. City Planner noted all of El Camino south of Peninsula Hospital is zoned multiple family residential except for corners of Adeline, Broadway and Burlingame Avenue. Any change would require a General Plan Amendment; about 60 percent of this multiple family zone backs up to land zoned for single family residential use; Planning Commission is sensitive to the mix of these two zones; not possible to down zone a single parcel or spot zorte; she reviewed commission discussions regarding parking and condominiums. Mayor asked that she respond to the letter writer. lrtter from Ann McCormack regarding problems caused by tire company at Carmelita and California Drive. ('E' Council directed staff write to the company. h. Irtter from Glenn Mendelson regarding Peninsula Hospital Board meeting and hospital land deeded over to private corporation. Mayor suggested council write requesting property be returned to original owners. i. Proclamations: Beat the Backup Week, September 20-24; Bridges to Recovery Weekend, August 27-29; School's Open Drive Carefully Month, September 1993. j. lrtter from Alexander Bogdis regarding the Hernandez roof dish antenna at 625 Burlingame. 21 k. ktter from Dennis Livingston, afforney representing Don Yarbrough, 1216 Floribunda, regarding Yarbrough's roof dish antenna. Mayor said these two letters regarding roof dish antenna would be discussed in closed session. l. ktter from Terry Huebner regarding Peninsula Hospital. Mayor noted he received a letter from the hospital stating any restructuring of the hospital would be several years down the road. There was brief discussion with Huebner who was present. m. 6ffer from Laura Azevedo regarding Peninsula Hospital and weeds in alley. n. ktter from John Seaborn proposing a "Sail Park" on bayfront. Mayor said he would read this proposal and pass it to other council members. CLOSED SESSION Mayor adjourned to a closed session regarding pending litigation on roof dish antennas at 9:30 p.m. ADJOURNMENT IN MEMORY OF MYRTLE CANATA Mayor Harrison noted with regret the passing of Myrtle Canata who left $11,488 to the Senior Nutrition program. After a moment of silence, the meeting was adjourned in her memory at 9:52 p.m. Judith A. City Clerk