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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 198 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. 199 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. 200 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 201 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. b 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 20? d. e. 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. f (}b h l. j RESOLUTION 68-94 AUTHORIZING AMENDMENT 3 TO JPA AGREEMENT FOR INTERCITY TSM AUTHORITY: APPROVAL OF 1994-95 BUDGET FOR SAME 203 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. m n. o p q 204 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. a ACKNOWLEDGEMENTS 205 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