HomeMy WebLinkAboutMin - CC - 1994.08.15197
BI.JRLINGAME, CALIF'ORNIA
August 15, L994
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 at7:30 p.m.by Mayor O'Mahony
PLEDGE OF ALLEGIANCE TO THE FLAG
kd by Finance Director Rahn Becker.
ROLL CALL
COUNCIL PRESENT
COUNCIL ABSENT:
HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of July 18, 1994 were approved on motion of Councilman
Harrison after a change by Councilman Spinelli on page 6 under Council Committee Reports that
"Mexicana Airlines is causing late night stage two noise. "
City Attorney reviewed his memo of July 6 which recommended council hold a public hearing and
adopt the ordinance. The ordinance amends our limitations on the use of powered equipment in
residential zones on Saturdays, Sundays and holidays to the owner or occupant of the property. He
noted the local newspaper had reported incorrectly that the proposed ordinance would not allow
homeowners to work in ttreir yards on weekends and the city has received many calls and letters of
concern. Councilman Pagliaro expressed concern about the subjectivity of defining the noise as
"loud, raucous and impulsive;" and about possible emergency repairs that might need to be made on
weekends.
Mayor O'Mahony opened the public hearing. Several homeowners commented, Mr. Nelson, 112
Howard could only do yard work on weekends, he objected to ordinance, there are other noise
problems that are not addressed; City Attorney clarified that this ordinance does allow residents to
work on weekends; a resident objected to not being allowed to work weekends in yard until dusk,
felt the hours should be changed; another resident told her gardener that he could come at any time
to work in her yard; Dennis Huajardo suggested council establish an ad hoc committee to study the
issue and come up with a proactive approach; he complained about three gardeners with three noisy
machines all working at the same time in his area; Ellen Rogers did not think it fair to restrict hours
contractors can work; Dolores Huajardo works nights and likes to sleep late on weekends, agreed
with ordinance that commercial gardeners should work during week. The hearing was closed.
City Attorney pointed out that construction contractors working on buildings are covered under the
tuiiaing code; Councilman Harrison told the audience that council had been discussing this issue for
a couple years, it started in response to complaints about leaf blowers; in the past week he had
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received many calls regarding this ordinance; he did not approve of putting more restrictions on
private property owners; he would vote against it. Councilwoman Knight had received calls in
support of doing something to limit noise; example of a homeowner who wanted to watch a tree
trimming job on weekend; this started as limiting leaf blowers and now includes all equipment; felt
most useful way to control was a decibel meter; could support limiting to electric leaf blowers which
are less noisy; was sorry the newspaper reported incorrectly and confused homeowners; might be
good idea to set an ad hoc committee to study. Councilman Pagliaro agreed this started as limiting
leaf blowers; Mrs. Rogers made a good point about private contractors; perhaps allow on Saturdays
and limit use on Sundays and holidays. Councilman Spinelli agreed about just limiting use on
Sunday and holidays. Mayor O'Mahony said council is making progress and she appreciated public
comments; she had just returned from overseas and in Germany they prohibit use of such equipment
on Sundays and holidays.
Councilman Pagliaro moved to change the ordinance to prohibit leaf blowers on Sundays and
holidays but allow use from 10:00 a.m. to 6:00 p.m. on Saturdays. After some discussion about
property owners rights, Mayor O'Mahony seconded the motion. Council discussed need to hold
another hearing at next meeting. The motion failed 4-1 on roll call vote, Councilman Pagliaro the
only affirmative vote.
Councilwoman Knight moved to change the ordinance to limit leaf blower use on Sundays and
holidays to owners or residents in residential zones and to limit use on Saturdays to the hours of
10:00 a.m. to 7:00 p.m. Seconded by Councilman Spinelli and carried unanimously on roll call
vote. City Attorney said there would be another hearing at the next meeting because the ordinance
has been substantially changed.
PUBLIC HEARING - AMUSEMENT PERMIT FOR GUITAR MUSIC AND SINGING AT PARK
AVENUE CAFE. 240 PARK ROAD
City Attorney reviewed his memo of August 9 which recommended council hold a public hearing
and take action. Victor Kaprelian, owner of Park Avenue Cafe, is requesting an amusement permit
for guitar music and singing. There is no alcohol served at this establishment which closes at 9:00
p.m. The police recommend approval with review in June of 1995. The applicant was not present.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed
Councilman Pagliaro wanted a condition of the permit to be that no alcohol be served; Council-
woman Knight wanted another condition that the music not be amplified. Councilman Pagliaro
moved approval of the request with those conditions. Seconded and carried unanimously.
PUBLIC HEARING - FIRST READING - ORDINANCE I5O9 - SETTING SANITARY SEWER
RATES FOR 1994-95
Public Works Director reviewed his memo of August 8 which recommended council hold a public
hearing and introduce the ordinance. EPA regulations require that operation and maintenance costs
of the sewer system be paid from the sewer rate based on flow and loading. The revenue required
was reduced by the estimated amount to be received from Burlingame Hills and Hillsborough and
their respective flows and loadings were removed from the program. The average proposed rates
show an increase of 6.2 percent. Single family residential is 6.3 percent, multi-family is2.46
percent and commercial increased 6.5 percent. The new rates would take effect September I, L994.
He noted the city still has one of the lowest rates when compared with other cities in our area.
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Mayor O'Mahony asked about deli and restaurant classifications; Director said that issue is being
reviewed, if delis are removed from the restaurant class it would have little effect on funds because
there are not many delis. He responded to council questions and comments.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed.
Councilman Harrison moved to introduce ORDINANCE 1509. Seconded by Councilman Pagliaro
and carried unanimously by roll call vote.
PUBLIC COMMENTS
Bitl Key, resident, told council that he once worked a ctty which had a leaf blower ordinance which
seemed to work very well. Burlingame might want to contact them.
A resident on Francisco Road spoke about noise regulations and the fact that leaf blowers also blow
dust around.
Glenn Mendelson said the leaf blower ordinance is a step in the right direction. He noted that the
video tape of tonight's meeting would be shown on cable television on August 30 because of cable
staff vacations. He said he might miss some meetings in September because of the pending birth of
his daughter.
RESOLUTION 57-94 SETTING 1994-95 WATER RATES
Public Works Director reviewed his memo of August 5 which recommended council adopt a
resolution setting the 1994-95 water rates. Each year the city reviews the water rates and fees and
recommends any changes to the city council. Water rates were reduced in September 1993 because
San Francisco Water Department (SFWD) lowered its rates and discontinued mandatory rationing.
This year SFWD has raised its rates 19 percent. The 1993-94 water use was the basis for calculat-
ing water rates and resulted in an increase of 6.9 percent for city residents and 9.6 percent for
Burlingame Hills with the surcharge remaining about the same. Our city rates are second lowest of
those compared. Councilwoman Knight noted our city is the lowest in the county when you
combine water and sewer charges, she moved adoption of RESOLUTION 57-94. Seconded by
Councilman Harrison and carried unanimously.
RESOLUTION 58-94 SETTING PARKING TIME LIMITS FOR CHULA VISTA PARKING LOT
Public Works Director reviewed his memo of August 5 which recommended council adopt a
resolution establishing time limits of two and four hours for Lot Y, the Chula Vista Lot. Final
design of the lot yielded 40 city parking spaces with two handicap spaces, and 14 private spaces
with one handicap space. The Broadway BID requested some six hour meters, but those are not
standard and could not be adapted to other times. The TSP commission recommended 10 four hour
meters and the remainder to be two hour meters. Councilman Spinelli asked about the location of
the handicap spaces. Councilman Pagliaro was concerned four hour meters might encourage
employees to feed meters and Mayor O'Mahony wondered why the BID recommended six hour
meters. Director responded BID wanted six hour for employee parking. Councilman Harrison
asked if police mark tires; Police Chief said if there are problems in a lot they will mark tires.
Councilman Harrison moved approval of RESOLUTION 58-94 setting time limits as recornmended.
Seconded by Councilman Pagliaro and carried unanimously.
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RESOLUTION 59-94 AWARDING CONTRACT FOR EL CAMINO REAL SEWER AND
WATER MAIN REPLACEMENT - CP 9301
Public Works Director reviewed his memo of August 8 which recommended council accept the
withdrawal of the low bidder, James Chalmers, and award the bid to the second low bidder, Shaw
Pipeline, in the amount of $451,385. On July 7 seven bids were received and opened. The low bid
of $379,095 was submitted by James Chalmers, Contractor. On July 11 Chalmers contacted the city
and claimed he made a substantial error on his bid and asked it be withdrawn; he sent a letter
substantiating his claim and met with staff. He responded to council comments.
Councilman Pagliaro noted Chalmers has worked for the city before, he had no objection to
allowing withdrawal of this bid. He moved to approve RESOLUTION 59-94 awarding the bid to
Shaw Pipeline. Seconded by Councilman Harrison. The motion carried unanimously by voice vote.
IMPROVEMENTS FOR TRAIN STATION CENTENNIAL
Public Works Director reviewed his memo of August 11 which recommended council approve the
closing of South Lane and parking areas near the train station, and the expenditure of overtime and
material costs. The city will (1) do weed abatement and shrub trimming, and spread and compact
base rock on the east side of drill track to provide a safe pathway for people touring trains ($1,000
materials and $2,000 labor and equipment); (2) close the parking area opposite Nathan's and the
triangular area on Carolan adjacent to the tennis courts on Saturday, September 17; (3) close South
Lane from Friday, September 16 to Sunday, September 18 since the steam train will be parked
across the intersection; and (4) use a crane truck to place and remove stairs and platform for the
steam train on Friday and Sunday. Costs and materials will be absorbed in operating budgets.
Council had no objections. Councilman Harrison moved approval. Seconded by Councilman
Pagliaro and carried unanimously by voice vote.
APPLICATION TO INSTALL BANNER BY TENSHO KOTAI IINGU KYO
City Manager reviewed his memo of July 27 which recommended council consider this request and
take action. Tensho Kotai Jingu Kyo, a religious organization located in San Mateo, will be hold a
convention in Burlingame and is requesting to hang a banner for the event toward the end of
August. Our banner policy calls for council approval of religious banners. Councilman Pagliaro
said he had no objection to this request but thought it would be helpful to have some criteria for
such a banner, he requested the City Attorney bring something back to council.
Councilman Harrison moved approval. Seconded by Councilman Spinelli and carried 4-l on voice
vote, Councilwoman Knight voting no.
DRAFT REVISIONS TO THE MODEL TRANSPORTATION SYSTEM MANAGEMENT (TSM)
ORDINANCE
City Manager reviewed his memo of August 8 which recommended council review the draft and
make comments which would be forwarded to the Transportation Authority. Our eligibility for
Measure A funds requires us to have a TSM ordinance; our current ordinance was adopted in 1990
The revised ordinance endorses the Bay Area Air Quality Management District's enforcement of
regulations for employers of over 100 employees which began in July 1994 and simplifies the local
requirements for employers of 25-99 employees by eliminating the prior annual survey requirement
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Our local program has not required employer fees and that part of the model ordinance is optional.
Our city has not instituted employer fees and Section 6 provides for that. Councilman Pagliaro
suggested clarification of the wording "board/city" and Councilwoman Knight asked about the peak
hour section. Regarding Section 6 on employer fees, council recommended not deleting it.
COMMISSIONER TERM EXPIRATIONS AND A RESIGNATION
City Manager reviewed his memo of August 3 and recommended council set September 28 as the
deadline for accepting applications for Park & Recreation, Beautification, Traffic Safety and
Parking, and Civil Service commissions. Each has two term expirations coming up and Lynn
McDonald has resigned from the Beautification Commission. Council concurred.
CONSENT CALENDAR
Regarding "f" Councilman Pagliaro would abstain from vote; regarding "c" he asked if ISTEA is
fediral funding, regarding 'j' the EOS agreement, he questioned not puffing this contract out to bid.
Director said the costr a.. competitive and staff recommended we stay with our current operator and
this was previously reviewed by council. Council had some questions about the out-of-state travel.
Mayor O'Mahony asked about the methods for sewer sampling. Staff responded to questions
regarding Warrants and Payroll.
A. RESOLUTION 60-94 APPROVING AGREEMENT WITH CCAG FOR GRANT TO
CONVERT VEHICLES TO NATURAL GAS FUEL
Finance Director's memo of August 8 recommended council authorize an agreement with
CCAG for a $10,000 grant to convert five vehicles to use of natural gas fuel. Four fire
department cars and the City Manager's car will be converted.
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c.
TRANS TO FUND OPERATION OF TRAIN SHUTTLE BUS AND GPU{NTS TO
OF THE TRAIN SHUTTLE BUS
Finance Director's memo of August 8 recommended council authorize three agreements for
the train shuttle bus. The first is for a $60,000 grant from CCAG, the second is with
Samtrans to fund operation of the train shuttle and to apply for grants to employers for trip
reduction programs and the last is an agreement with Empex Ventures for operation of the
shuttle bus. The cost is fully grant funded, no city funds are needed.
(1) RESOLUTION 64-94 AUTHORIZING APPLICATION FOR ISTEA FUNDS FOR
NPRCTT RORP E}IKE/PEDESTRIAN BRIDGE REPLACEMENT: (2\ RESOLUTION 65-94
AUTHORIZING AI'PLICATION FOR ISTEA FUNDS FOR AIRPORT BOULEVART)
RECONSTRUCTION: (3) RESOLUTION 66-94 AUTHORIZING APPLICATION FOR
ISTEA FUNDS FOR BROADWAY TRAFFIC SIGNAL INTERCONNECT FROM
ROLLINS ROAD TO CALIFORNIA DRIVE
Public Works memo of Juty 28 recommended council approve these resolutions for ISTEA
funds; these three projects have been approved by MTC for federal funding. The city would
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receive $755,500 total ISTEA funds and city funds required are $113,500. Beach Road and
Broadway are scheduled for 1994-95, Airport would be a 1995-96 project.
RESOLUTION 67-94 AUTHORIZING SERVICE AGREEMENT FOR AIRPORT BOULE-
VARD PEDESTRIAN/BIKE PATH IRRIGATION AND LANDSCAPING - CP 9412
Public Works memo of August 3 recommended council authorize an agreement with
Callander Associates to perform landscaping and irrigation design and construction review in
the amount of $16,638.
City Manager's memo of July 14 recommended council approve the third amendment which
reconstitutes the Board of Directors for the Intercity TSM Authority, and approve the budget.
No city funds are required.
RESOLUTION 69-94 AUTHORIZING SERVICE AGREEMENT FOR LANDFILL
GROUND WATER MONITORING
Public Works memo of July 20 recommended council approve an agreement with Harding
Lawson Associates in the amount of $64,979 for monitoring the groundwater in and around
the city landfill.
RESOLUTION 70-94 AUTHORIZING SERVICE AGREEMENT FOR LABORATORY
TESTING OF LANDFILL WATER SAMPLES
Public Works memo of July 20 recommended council approve an agreement with ETC- Mid-
Pacific in the amount of $18,935 for testing the water samples taken by Harding [,awson.
RESOLUTION 71-94 ACCEPTING COMPLETION OF 1994 STREET RESURFACING -
cP 9318
Public Works memo of August 8 recommended council accept as completed the street
resurfacing project completed by G. Bortolotto and Company in the amount of $395,625.
RESOLUTION 72-94 AWARDING CONTRACT FOR PAVING OF CHULA VISTA
PARKING LOT - CP 9205
Public Works memo of August L0 recommended council award this contract to Satterfield
Company in the amount of $67,571.11.
RESOLUTION 73-94 AUTHORIZING AGREEMENT FOR OPERATION AND MAIN-
TENANCE OF THE WASTE WATER TREATMENT PLANT
Public Works memo of August 9 recommended council this agreement with Wheelabrator
EOS for three years, running through June 30, 1997 and renewable for three successive
terms of one year at a base price of $1,433,900 per year subject to yearly cost-of-living
adjustments.
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RESOLUTION 68-94 AUTHORIZING AMENDMENT 3 TO JPA AGREEMENT FOR
INTERCITY TSM AUTHORITY: APPROVAL OF 1994-95 BUDGET FOR SAME
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I
K. APPROVE PURCHASE OF NEW AERIAL LADDER FIRE TRUCK
Fire Chief's memo of July 27 recommended council approve the bid from Pierce Manufac-
turing for replacement of our aerial ladder truck at a cost of $460,000.
AI'PROVE OUT OF STATE TRAVEL FOR (1) ASSISTANT STREET AND SEWER
SUPERINTENDENT AND (2) POLICE COMMANDER
Public Works memo of August 2 recommended council approve the attendance of the
Assistant Street and Sewer Superintendent at the annual conference of Maintenance Superin-
tendent Association in Reno, Nevada on August 23-25, 1994; funds are budgeted. The
Police Chief's memo of July 13 requested council approval for Commander Gary Missel to
attend the FBI National Police Academy from April 10 to June 24, 1995; the FBI covers all
expenses and airfare, the only city expense is salary for the attender. Council asked that all
future requests include city cost and estimates.
OSNIAL OF CLAIMS: (1) EILEEN FLOYD: (2) JANNY WAN: (3) BARTH BRAGER
City Attorney's memos of August recommended denial of these claims for (1) trip and fall,
(2) sewer backup, and (3) sewer overflow.
YEAR END BUDGET TRANSFERS
Finance Director's memo of August 3 recommended council approve transfers from the
Contingency Appropriation for (1) Planning Department to cover $12,936 in retirement
payoutlnd purchase of a computer, and (2) for Elections budget to cover $2,345 in elections
costs which were higher than budgeted.
BUDGET AMENDMENT - RECREATION DEPAITTMENT STAFF CHANGES
City Manager's memo of July 25 with attached memo from Recreation Director recommend-
ed council approve revision of the 1994-95 budget effective October L to reclassify one
existing position of Recreation Supervisor II to a new classification of Recreation Manager,
and increase another Recreation Supervisor II position from .8 FTE to 1 FTE. The full year
cost would be $14,430.
TENTATIVE AND FINAL SUBDIVISION MAP FOR SIX UNIT CONDOMINIUM AT
1445 EL CAMINO REAL
Engineering memo of August 9 recommended council concur with the Planning Commission
and approve the map as both tentative and final.
RESOLUTION 74-94 AUTHORIZING AGREEMENT WITH PG&E FOR LOAN OF
FUEL MAKER FOR COMPRESSED NATURAL GAS VEHICLES
Fire Chief's memo of August 9 recommended council approve an agreement with PG&E for
the loan and installation of a fuel maker at t399 Rollins Road to allow us to fuel our vehicles
which are being converted to natural gas fuel. There is no cost to the city.
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r. WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants 33408 - 33942, duly audited, in the
amount of $1,L63,206.39 and Payroll Checks 67818 - 69034 for July 1994 ir the amount of
$1,858,067.09.
Councilman Harrison moved approval of the Consent Calendar with Councilman Pagliaro abstaining
from "f. " Seconded by Councilman Spinelli and carried unanimously.
Councilwoman Knight said she had attended a Council of Cities meeting in East Palo Alto which
was very well attended. Councilman Pagliaro reported on the CCAG meeting where they discussed
the NPDES program, AB 1963 regarding the airport, and the BART EIR.
OLD BUSINESS - None.
NEW BUSINESS
Mayor O'Mahony set an appeal hearing for September 19 for a dish antenna at l32l Skyview.
Councilman Spinelli said there are federal funds available for studies relating to light rail systems
and he thought we should look into such a study for a light rail system to connect our hotels to the
airport. Council agreed to discuss further at a study meeting when additional information is
available.
Councilman Pagliaro asked for a report on the tennis court "bumps" that the Park and Recreation
Commission discussed at its last meeting. He also asked about the letter from Joe Karp regarding
the city recycling areas and debris around them, perhaps the enclosures need greater capacity.
Councilwoman Knight noted the next meeting, September 6, falls on Rosh Hashana which may be a
problem for Jewish residents; staff noted the only issue on the agenda now is leaf blowers.
Commission Minutes: Traffic, Safety and Parking, July 14; Broadway BID, Jlly 12;
Planning, August 8; Park and Recreation, July 21; Senior, July 2l;Civil Service, July 31,
1994.
b. Department Reports: Building, July 1994; Police, JuJy 1994; Fire Department, First Six
Months of 1994: Treasurer, July 31, L994.
c. Irtters from six residents regarding BART.
d. ktter regarding removal of "E!" on Cable TV.
e. lrtter from Patricia Gray regarding a city "senior exercise park" at El Camino and Adeline
and response from Chevron to her idea.
Council agreed to discuss possible property acquisition in closed session.
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ACKNOWLEDGEMENTS
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f. Proclamation: Try American Day - Labor Day.
g. Response from Samtrans regarding holding a meeting about BART in Burlingame
h. ktter from the Campanile's regarding sewer rates for delicatessens.
i. I-etter from John DeMarco regarding the airport MOU.
j. I-etter from Ruth Ference regarding the Peninsula Conflict Resolution Center.
k. lrtter from the Azevedo's regarding condition of train tracks.
1. futter from Joe Karp regarding crty recycling enclosures. (Discussed earlier.)
m. I-etter from Glenn Mendelson with editorial regarding hospital.
n. Irtters from Christine Noma and Bernie Transano regarding noise ordinance.
CLOSED SESSION
At g:28 p.m. Mayor O'Mahony adjourned the meeting to a Closed Session concerning (1) the
existing iitigation Pickens v Burlingame, (2) the existing litigation Crisafi v Burlingame, (3) labor
negotiations with the Fire Fighters and the Public Service Employees, and (4) possible properfy
acquisition at El Camino Real and Adeline (Chevron property).
SETTLEMENT AGREEMENT - CRISAFI V BURLINGAME
Council reconvened and announced an additional settlement of $69,111 for site remediation in
Crisafi v Sargen/Clty of Burlingame for a leaking underground fuel tank at the old police station site
on Howard Avenue.
ADJOURNMENT IN MEMORY OF EDITH PETERSON WARNE
Mayor O'Mahony noted with sadness the death of Planning Director Margaret Monroe's mother
Edith Peterson Warne and adjourned the meeting in her memory at 9:58 p.m.
Judith A.
City ClerkL