HomeMy WebLinkAboutMin - CC - 1994.05.02136
BI]RLINGAME, CALIFORNIA
is'Iay 2, 1994
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 at7:37 p.m.by Mayor O'Mahony.
PLEDGE OF ALLEGIANCE TO THE FLAG
Lrd by Peter Campanile, Broadway BID president.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Council/Planning Joint Study Meeting of April 16, 1994 were approved after a
change on page two, second paragraph to add "Councilman Harrison directed comments to Commis-
sioner Jacobs that it is not the Planning Commission's nor individual commissioners' responsibilitv
to set policy but to apply principals of planning: council sets policy. " The minutes of the Regular
Meeting of April 18, 1994 were approved after a change under council committee reports to show
that Councilwoman Knight "@a!d the legislative committee voted to oppose... "
PRESENTATION OF PROCLAMATIONS
Mayor O'Mahony presented a proclamation to representatives from our local Post Office for
"National ktter Carrier's Food Drive Day - May 14, 1994. and asked residents to put non-
perishable food by their mailbox for pickup on that day.
Mayor O'Mahony presented the Public Works Director with a proclamation for "National Public
Works Week - May 1,5-21, L994' and thanked him and his department for their efforts.
PUBLIC HEARING - RESOLUTION 18-94 ESTABLISHING 1994-95 ASSESSMENT FOR THE
BROADWAY BUSINESS IMPROVEMENT DISTRICT GID)
City Attorney reviewed his memo of April 26 which recommended council hold a public hearing
and take action. On April 4 council adopted a Resolution of Intention to Establish Assessments
which provided that the assessments would be the same as the current fiscal year and for the same
purposes. The resolution also set a hearing for the May 2 meeting. The City Clerk has published
the required legal notice in a local newspaper. Oral or written protests may be made at this hearing
by affected business owners. If more than 50 percent of the value of assessments protest, the
assessment may not be adopted. If there is no majority protest this resolution should be adopted.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Council members congratulated the Broadway BID Board and its president on their success; Mayor
noted each time she visits the street she sees more improvement. Council said the ultimate test of
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their success is that there are no protests. Councilman Harrison moved for approval of RESOLU-
TION t8-94; seconded by Councilwoman Knight, carried unanimously.
PUBLIC HEARING - SECOND READING - ORDINANCE 1501 ALLOWING VARIANCES
FROM BUSINESS ACCESS LIMITATIONS
City Attorney reviewed his memo of April 5 which recommended council hold a public hearing and
take action. Council had a request for a change in zoning code 25.58.030 which currently requires
primary access for a business to be on a street at least 25 feet in width, thereby prohibiting access
on Hatch Lane which is only 20 feet wide. This ordinance will allow a variance procedure for such
access. In response to council, City Attorney said a variance would be permanent for the property.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Pagliaro commented that without this ordinance a property owner could not even ask to
have an entrance on a lane or alley. Councilwoman Knight said the property owner who asked for
this change had created an entrance at the rear of his property when he made URB improvements,
then he came to council asking for change of law to allow the illegal entrance; she would oppose
this ordinance; there are just enough lanes and alleys in town that this law could create an impact.
Mayor O'Mahony said this change is related to URB requirements; after the earthquake the city
required improvements which were a hardship to property owners and because of that she would
support the ordinance. Councilman Pagliaro moved adoption of ORDINANCE 1501. Motion
seconded by Councilman Harrison and carried 4-1 on roll call, Councilwoman Knight voting no.
PUBLIC HEARING - RESOLUTION 19-94 - APPROVING THE JOINT NONDISPOSAL
FACILITY ELEMENT FOR THE CITY OF BURLINGAME
Finance Director reviewed his memo of April 11 which recommended council hold a public hearing
and take action. Each city and county is required by State law to submit its Nondisposal Facility
Element (NDFE) to the California Integrated Waste Management Board for approval as part of the
county wide waste management plan. San Mateo County offered to prepare a Joint NDFE for all
jurisdictions in the county. The NDFE identifies facilities to be used by each agency to assist in
reaching the landfill diversion mandates of AB 939. To inform the public, the City Clerk published
a notice in a newspaper L0 days in advance of this hearing. Responding to council, he said apart-
ments can participate in recycling; told about the Northpark Apartment complex's recycling plans.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison moved adoption of RESOLUTION 19-94. Seconded by Councilman Pagliaro,
carried unanimously by roll call vote.
PUBLIC HEARING - RESOLUTION 20.94 - ORDERING THE DESTRUCTION OF NOXIOUS
AND DANGEROUS WEEDS AND RUBBISH
Public Works Director reviewed his memo of April 26 which recommended council hold a public
hearing and take action. Each year the crty establishes the Weed and Rubbish Abatement Program
by passing a resolution and setting a public hearing date. Lands to be abated have been posted. He
presented a list of those properties to council and recommended council adopt the resolution.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
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Councilman Harrison moved adoption of RESOLUTION 20-94. Seconded by Councilman Spinelli
and carried unanimously by roll call vote.
PUBLIC COMMENTS
Glenn Mendelson, 475 Cumberland, said he feared council would sign the airport MOU in order to
fight BART; as much as he hated BART he hoped council would not sign the MOU; he urged the
public to come to BART hearings.
John DeMarco, 1805 Castenada, said only nine cities have signed the airport MOU, there is no
guarantee of airport noise reduction and it makes no sense to consider signing the MOU, especially
with the litigation with Millbrae and CCAG.
COMMISSIONER APPOINTMENT
Councilman Pagliaro said there was one opening on the Planning Commission and he and Mayor
O'Mahony had interviewed eight excellent and well qualified candidates; they nominated Karen Key.
Councilwoman Knight nominated Martin Dreiling. The city manager distributed ballots and read the
results aloud. Mayor O'Mahony, Councilman Harrison, and Councilman Pagliaro voted for Karen
Key; Councilwoman Knight and Councilman Spinelli voted for Martin Dreiling; with the majority
vote, Karen Key was appointed to the Planning Commission to replace Shelley Graham. Mayor
O'Mahony thanked the many candidates, some of whom were present and asked them to apply for
other commission openings that come up.
SELECTION OF ARCHITECT FOR LIBRARY BUILDING PROJECT REFERRED TO STUDY
City Manager reviewed the Librarian's memo of April 21 which requested council schedule a study
meeting to interview the two finalists and explore design issues with these two architects. The
Architect Selection Committee consisted of Joe Harvey, former City Treasurer and Library Trustee;
Kristine Cannon, Library Trustee; Ralph Kirkup, Public Works Director; Al Escoffier, City
Librarian. They interviewed four firms and recommended two highly qualified firms as finalists for
the design work: Bull, Stockwell, Allen and Ripley; or Group 4/Architecture.
In response to council, City Manager said the other issues on the next study agenda are consider-
ation of restaurant regulation, leaf blowers and possibly the contract for sewer treatment plant
operation. Council concurred with setting the architect interviews for May 18 study session.
City Manager reviewed his memo of April 27 which recommended council delay action pending a
review of the final report and the results of Hillsborough's public hearing. At a special meeting on
April 11, Burlingame and Hillsborough councils met to hear a presentation by Hughes, Heiss and
Associates on the draft fire service study. Hillsborough council again discussed this issue at its
April 25 meeting at which numerous questions were raised; they delayed any action until the final
report is prepared and scheduled a public hearing for May 16.
Council discussion ensued; asked about manning in each city; possible morale problems; letter from
resident about San Mateo's proposed changes using automatic aid. Councilwoman Knight disagreed
with waiting for action from Hillsborough; she said she has been skeptical about this plan all along
BURLINGAME/HILLSBOROUGH FIRE SERVICE STUDY - POSTPONED
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and could not support the plan because of the differences in both communities. Councilman
Pagliaro thought the least this council could do was wait for the final report. Council concurred.
TRAFFIC COMMISSION RECOMMENDATION FOR PARKING ON CITY HALL LANE
Public Works Director reviewed the memo of April 27 which recommended council set a hearing to
consider the various proposals for parking in City Hall Lane behind the 1300 block of Burlingame
Avenue. The commission directed staff to contact merchants in the 1200, 1300 and 1400 blocks of
Burlingame Avenue that this would be considered at its April 14 meeting. At that meeting, the
commission recofllmended City Hall Lane be designated a loading zone and merchants be required
to remove the unauthorized signs on the rear of several buildings. (The signs state "parking by
authorized vehicles only.") At the commission meeting, staff had recommended that parking meters
be installed along the south side of the lane. A letter was received from three merchants requesting
council leave the existing situation where merchants park next to their buildings; they felt this
created a "safety zorLe" for pedestrians leaving the rear entrances; that meters would create much
heavier traffic on that lane; said the parking problems are caused by employees in the area who
"feed" meters in Lot J.
Councilman Pagliaro noticed that one commissioner abstained from the vote and he wondered why.
Staff responded there was no true conflict, the commissioner owned property in the 1200 block with
a private alley and thought he should abstain. Stan Clark, merchant at t3l9 Burlingame Avenue,
said there is no problem with the present situation; told of use by pickup and delivery people; said
safety should be the first consideration of the commission and placing meters would create an unsafe
condition for pedestrians; he said "it's not broke, don't fix it;" the rear entrances are a convenience
for many patrons. Councilwoman Knight had one problem with the unauthorized parking signs on
buildings, she would like them removed. Council discussed with several merchants who explained
how and where they park. Mayor O'Mahony agreed cars parked by building are more protection to
pedestrians leaving building. Council thought this issue was brought up by a new commissioner.
Other council members agreed they had no problem with leaving situation as it is now; would like
to see more enforcement of Lot J; leave well enough alone. Council took no action.
BART DISCUSSION
City Manager reviewed his memo of April 27 with attached reports from MTC, a memo from the
City Attorney regarding the airport MOU and the "funding options white paper" by Frank Wilson,
BART manager. He had received a letter from Jim Wheeler with analysis of the funding situation;
Mayor O'Mahony was pleased to hear we got the letter, she had asked Wheeler to send information.
Council talked about the possible funding shortfalls for SamTrans and BART; wait for the final EIR
regarding Alternative Six, the Millbrae station. Councilman Pagliaro equated this to a city sending
its toxic waste downstream to another crty; he thought we did not have to be a party to the airport
MOU to sue and noted the city has subpena powers; concenr about extending Caltrain downtown
SF; Samtrans financial impact. He would like to obtain financial information from BART,
Samtrans, the airport, and MTC, and the impact of Alternative Six. He suggested sending letters to
request this information, then consider our subpena powers; would like to get testimony under oath.
Councilman Spinetli said Wheeler's letter give figures showing the tailtrack into Burlingame would
increase Samtrans' contribution to BART from 7 percent to 9 percent percent an increase to
SamTrans of 30 precent. Councilwoman Knight was glad to hear council's comments; she would
also like a review of the votes on Measure A and K; wondered about traffic studies on Trousdale.
Mayor O'Mahony said the first paragraph of her remarks to Supervisor Hsieh has figures on traffic
counts. Councilman Harrison said Caltrain must go downtown. Mayor O'Mahony said the cities
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and county have been remarkably silent on this issue; noted Millbrae is getting $7 million for use of
the right-of-way for BART station. Councilman Pagliaro said he prepared a list of items to request
from these entities and would meet with the City Attorney for finalize the list.
RESOLUTION 21-94 - REVISING COMMISSIONER APPOINTMENT PROCEDURES
City Manager reviewed his memo of April 20 which included a resolution to revise the commission
procedure to add a three-week time period for applications after announcement of a vacancy.
Councilwoman Knight asked about adding a condition that the commission applicant must attend a
commission meeting, and about the wording regarding the council interview committee. Mayor
O'Mahony said attending a commission meeting should be up the applicant. Councilman Spinelli
moved approval of RESOLUTION 2l-94. The motion was seconded by Councilman Pagliaro and
carried unanimously.
CONSENT CALENDAR
Council discussed briefly, "a" design of the office remodel, seemed expensive to just add one office,
staff explained the entire office area is being redesigned; "f" the Broadway Northbound Onramp,
seemed to move very slowly and cost so much money, staff noted State is revising the entire
Broadway interchange, working with State and other agencies takes time; "d" asked if the alternative
fuel is located in Belmont, staff said yes but if more cars use it in this area another alternative fuel
site would be located closer.
REMODELING - CP 9315
Public Works memo of April 22 rccommended council accept the bid of P & A Construction
in the amount of $84,500 for relocating the Park Director and his secretary in the Recreation
Center.
b. RESOLUTION 23-94 - SUBDIVISION AGREEMENT FOR 729 LINDEN
Public Works memo of April 27 recotwnended council approve this agreement, subject to
one condition, dividing one R-2 lot into two lots.
RESOLUTION 24-94 - ACCEPTING COMPLETION OF THE WASTE WATER TREAT-
MENT PLANT IMPROVEMENTS - CP 9529
Public Works memo of April 27 recommended council accept this project as completed by
S.J. Amoroso Construction in the amount of $10,983 ,421.40 for improvements to the
treatment plant.
RESOLUTION 25-94 - SUBMITTING ''CLEAN AIR FUND' GRANT APPLICATIONS
FOR SHUTTLE BUS AND ALTERNATIVE FUEL VEHICLES
Finance Director's memo of April 20 recommended council approve submiffing grant
applications for funds from the Transportation Fund for Clean Air. Two projects are
proposed: conversion of selected city vehicles to natural gas fuel, and establishment of a bus
shuttle from the train station to the commercial/hotel area.
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e.RESOLUTION 26-94 - AUTHORIZING REWARD FOR INFORMATION LEADING TO
CONVICTION OF GRAFFITI VANDALS
Police Chief's memo of April 13 recommended council approve an award fund for convic-
tions of persons responsible for graffiti; he attached a sample brochure that would be
distributed to the public.
RESOLUTION 27-94 - AUTHORIZING AI\{ENDMENT ONE TO CONTRACT FOR
PROFESSIONAL SERVICES. BROADWAY NORTHBOUND 101 ONRAMP - CP 8631
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Public Works memo of April 28 recommended council approve an amendment to the
agreement with THM and Associates in the amount of $121 ,642 for engineering services in
relocating the northbound onramp at Broadway; the crty originally entered into this agree-
ment in 1987 , design parameters and procedures have changed, the project has required
substantially more time for THM and the city, therefore more funds are needed.
REVISION OF CIVIL SERVICES RULES AND REGULATIONS - RULE IV d - DURA-
TION OF ELIGIBILITY LISTS
Administrative Assistant/Personnel's memo of April 26 recommended the Civil Service Rules
be revised to keep eligible lists up to two additional years when approved by the City
Manager; this would give the city more flexibility and save time and money in recruitment
costs; Civil Service Commission approved this change at the April 12 meeting.
h. DENIAL OF CLAIMS: (1) DONNA RODRIOUEZ: (2) VIRGINIA WILLIAMS
City Attorney's memos of April 15 and April 14 recommended council deny these claims for
(1) fall in street on Broadway and (2) a sidewalk fall on Anza near a hotel.
i. APPROVE DONATION TO 'SUMMER JOBS FOR YOUTH'' PROGRAM
City Manager's memo of April L8 recommended council approve the requested $1 ,440 as
Burlingame's portion of this youth employment program.
Councilman Harrison moved approval of the Consent Calendar. The motion was seconded by
Councilman Pagliaro and carried unanimously.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight attended an Emergency Services committee meeting where they discussed
heavy equipment for emergencies and how to get this equipment when its needed. Criminal Justice
Council discussed youth violence; concern about what happens to kids who are expelled from
school; she also presented a written report on other meetings to council.
Councilman Harrison presented an award certificate to the Mayor from last year's "Summer Jobs for
Youth.' ALUC discussed the Airport Plans and avigation easements for the three airport in county.
The school board/council committee discussed the MOU agreement, the school board had heard that
Millbrae schools had signed such an agreement, our school board is moving cautiously (he noted
this is not the same airport MOU as our city is talking about). Convention Bureau reports that
Semicon may be coming back to our county.
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Mayor O'Mahony said council members attended the Council of Cities meeting last week. She
attended: the 50th anniversary celebration of a local family owned business, Schultz Manufacturing;
State Foreign Language teachers conference at the Hyatt; Shinnyo En "Bridge of Friendship" event.
ACKNOWLEDGEMENTS
Commission Minutes: Traffic, Safety and Parking, April 14 Library Annual Report; Civil
Service, March 8; Senior, April 2L;Park and Recreation, April 2l;Library Board, April 19,
t994.
Irtter from Mid-Peninsula Housing Coalition regarding clty's housing element.
ktter from Senator Hayden regarding SB 1293, gun control.
ktter from Lou Turpen, Airport Director, regarding deadline for Airport MOU.
ktter from John Sherratt regarding fire department consolidation.
ktter from Betsy Dyson complimenting council for televising meetings.
Letter from Nicholas Foeger regarding homeless problem.
ktter from Irtters from John Keast and Arly and Manley Lokken regarding BART and
Peninsula transportation planning.
Irtter from Victor Richmond suggesting incentive program for rebate on installing low-flow
toilets.
ktter from Health Services Agency notifying council of the annual inspection of city jail
facility. Council congratulated the Police Chief.
CLOSED SESSION - PERSONNEL
Mayor O'Mahony adjourned the meeting at 9:10 to a Closed Session regarding the appointment of a
new Recreation Director. No action was taken.
ADJOURNMENT IN MEMORY OF PEGGY MAHONEY AND JACK HANNAN
Mayor O'Mahony noted with sadness the passing of Peggy Mahoney, cousin of Councilman
Harrison, and Jack Hannan, a student with cerebral palsy. After a moment of silence in their
memory, the meeting was adjourned at 9:37 p.m.
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City Clerk