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HomeMy WebLinkAboutMin - CC - 1995.05.013t7 The minutes of the Regular Meeting of April 17 , 1995 were approved after change on page 4 to show Counciknan Harrison "moved to introduce" the ordinance and on page 5 to show he said "information kiosks would be in the airport and many hotels. " The minutes of the Council/Planning Joint Session of April 22, 1995 were approved after changes on page I to show Councilwoman O'Mahony said "we should a studv of the demands for 9- and l0-hour D arkins snaces- hour by hour. Monday through Friday. " On the same page, Vice Mayor Pagliaro indicated he favored changing "all parking to two-hour in the downtown area to force long term parking into spaces further out. " Councilman Spinelli said "Pottery Barn" should be capitalized. CEREMONIAL MATTERS - PRESENTATION OF PROCLAMATIONS Mayor Knight presented a proclamation for "Tourism Week - May 7-13,1995" to representatives of the Convention and Visitors Bureau and the Restaurant and Hotel Owners Association. Mayor Knight also acknowledged proclamations for "Older Americans Month," which she presented to Recreation Director Williams for the Senior Commission and for "ktter Carrier Food Drive Day - May 13, 1995" which will be mailed to the Post Office. PUBLIC HEARING - BROADWAY BUSINESS IMPR oVEMENT DISTRICT GID) - RESOLU- TION 35-95 REESTABLISHING DISTRICT AND LEVYING ASSESSMENTS FOR 1995-96 - INTRODUCE ORDINANCE 1524 ESTAB SHING BID SUNSET OF JUNE 30. 1998 City Attorney reviewed his memo of April 25 which recommended council hold a public hearing and consider the ordinance and resolution reestablishing the BID and setting 1995-96 assessments. In 1992 council established the Broadway BID with a "sunset" clause terminating it on June 30, 1995. At the March 6, 1995 meeting council adopted a resolution of intention to reestablish the district and set May l, 1995 as the public hearing date. There are no changes proposed for the boundaries, assessments or classifications. He also attached an ordinance to remove the sunset provision. If there are written protests by the majority of the value of assessments to any item or the district, it cannot be approved. No protests have been received. Councilman Harrison asked about the sunset clause and procedures for dissolving the district. BI,]RLINGAME, CALIF'ORNIA May 1, 195 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;32 p.m. by Mayor Knight. PLEDGE OF ALLEGIANCE TO TIIE FLAG kd by Park Director Rich Quadri. ROLL CALL COUNCIL PRESENT: HARRISON, KMGHT, O'MAHONY, PAGUARO, SPINELLI COUNCILABSENT: NONE MINUTES 318 BEAUTIFI DENIAL OF REMOVAL REOUEST AT 1359 COLUMBUS AVENUE Park Director reviewed his memo of April 24 which recommended council hold a public hearing and take action regarding removal of a Magnolia street tree at 1359 Columbus. In April 1994 the property owners requested the tree be inspected. It was determined no root work could be done without sidewalk removal. In December 1994, after inspections by several city departrnents, the owners requested the tree be removed; the request was referred to the commission which held hearings and voted 3-3 to deny the removal. The item was continued to the next meeting where the vote was 3-3 to remove the tree. A tie vote is denial. The property owners appealed to council. Councilwoman O'Mahony asked about the life of the tree. Park Director said the tree was 65 years old and could conceivably live another 65 years. She congratulated the Park Director on recently receiving an award. Mayor Knight opened the public hearing. Janice Scatthi, appellant, had a list of the falls and injuries that have occurred at her sidewalk; she said it is really a tree problem, not a sidewalk problem; they keep fixing the sidewalk but the tree breaks it; neighbors and family are aware of the danger but visitors are not; she felt it was a city liability; they have other trees on the site and they want the tree replaced; she thinks it has lived its life. l,oren Bugatti, neighbor across street, had observed many falls on raised sidewalk; the tree is taking over; it's an insult to have the black patches all over the broken sidewalk; she was surprised there were not more accidents. Rich Bugatti said the Magnolia is beautiful but is not practical for this small neighborhood; a few years ago they lost a tire when they backed into the broken curb caused by the tree; it's impossible to grow a lawn and the sidewalk, driveway and walkway are damaged; another neighbor has two of these trees on the block which are not quite as big but are raising the street six inches. Peter Scattini, appellant, said the time has passed for this tree; it may have another 65 years left, but think what the street and sidewalk would look like if it remains; he was concemed about children's safety; Mayor Knight opened the public hearing. Kerry Abshire, Broadway merchant, presented a petition signed by 65 merchants requesting a vote be taken on the issue; he felt the process was unfair. City Attorney explained that each merchant was notified of the process to file a written protest, he accepted the petition but noted it was not a proper protest according to legal requirements. Councilman Harrison noted this process is established by State law and merchants were properly notified in writing with instruction of how to protest. Vice Mayor Pagliaro understood Abshire's concern, and asked if Abshire had filed a protest letter. He had not. David Hinckle, Broadway merchant, said the BID board has done a lot of work and improvements have been made on Broadway. Abshire said he was trot necessarily against the BID, he was against merchants not being allowed to vote as they did three years ago. Ross Bruce, Broadway merchant, recalled the polarization that took place the last time there was a vote on this issue. The hearing was closed. Councilwoman O'Mahony said the required legal process has been met; she appreciated Abshire's view, but merchants had a chance to protest; she was impressed by work done by BID, it has been very effective. She moved to approve RESOLUTION 35-95 and introduce ORDINANCE 1524. Seconded by Councilman Harrison. Mayor Knight confirmed that all merchants had been notified. Councilman Spinelli was concerned about eliminating the sunset clause, thought it would be good to review the district every few years; he also asked if projects tisted in Exhibit A should have wording added to state the projects must meet all city codes. Vice Mayor Pagliaro approved of the work the district had done and wished the Burlingame Avenue merchants area had such a district. Council- woman O'Mahony moved to amend her motion to continue the sunset clause to lune 30, 1998. Amendment was approved by the seconder. The amended motion carried 5-0 on voice vote. 319 thought the liability was too great. Will McGowan, Beautification Commission, said there are 11,000 street rees in city and l0 percent are Magnolias; they may all cause such problems; years ago the State tried to remove the trees on El Camino and we did not allow it; the city is a "Tree City"; this tree was valued at $15,000; we can't guarantee parking in front of a house; he thought there could be landscaping around the tree to accommodate everyone; who would pay for removal; the tree was there when they bought the house. Janice Scattini said the previous owner said the city would fix the sidewalk and tree; they have lived with the situation for a year; thought the city should pay for removal of tree; costs more to replace the sidewalk. Carolyn Root, Beautification Commission, showed photos of other large trees with landscaping and sidewalks around them to accommodate the large size and roots; commission labored over this issue; there will be other large trees with similar problems. Peter Scaftini thought the commission had voted to remove the tree but couldn't decide who should pay. Park Director said the commission did not vote to remove the tree, the vote was a tie which defeated the motion to remove. The hearing was closed. Councilman Harrison had visited the site; a passenger could not exit a car because of the tree roots; he appreciated the value of the tree but thought the city should pay to remove it and the Scattini's should pay to replace a tree. Councilman Spinelli also visited the site, the sidewalk is raised, did not think root trimming would solve the problem; concerned about liability, there have been many falls; he did not advocate removing all the Magnolias, just this one. Councilwoman O'Mahony saw no reason to remove the tree; if city allows removal there will be a host of other requests to remove such trees; the city should trim the roots and replace the sidewalk; did not think the city had liability. Vice Mayor Pagliaro said he had same qualms as commission, noted some commissioners changed their vote at the next meeting; he thought he would like to save tree and put sidewalk around it, but after visiting the site and seeing the extensive root problem, he would vote to remove it. Mayor Knight agreed, she went around the block looking at the trees; we have a unique ciry because of trees, but neighbors who have lived there many years support removal; the city made a mistake years ago in planting such large trees in small planting strips; she was inclined to share the cost of removal. Councilman Harrison moved to have the city remove the Magnolia and the applicant would select a tree from the city list and pay for replacement. Seconded by Councilman Spinelli. The motion carried 4-1 on roll call vote, Councilwoman O'Mahony voting no. PUBLIC HEARING - SECOND READING - ORDINANCE 1523 ESTABLISHINO PROCE- FOR VALET City Attorney reviewed his memo of April 25 which recommended council hold a public hearing and take action. At the last meeting council introduced an ordinance establishing a permit system for valet parking. Since then staff has reviewed the proposed ordinance and some possible alterations were suggested. The amended proposed ordinance would require a permit for any valet parking service; require there be no charge for the service; application review would be similar to taxi companies; location and number of off-street parking spaces must be provided; insurance requirements are substantial; employees must wear identification. If council approves the ordinance, he would bring another ordinance to the next meeting that would allow the City Engineer to approve yellow loading zones for valet parking. Councilwoman O'Mahony asked if the suggested fee was reasonable; City Attorney noted it was the same as taxi business which requires same type of investigation. Vice Mayor Pagliaro wondered about the special event valet parking provisions. Mayor Knight asked amount of insurance required and if this procedure would be explained to commission members. Vice Mayor Pagliaro suggested some additions and changes in wording. Councilman Spinelli asked about use of city lots. Staff responded. 320 Mayor Knight opened the public hearing. Carl Martin, co-owner of Studio Shop, asked about other businesses using the Il Fornaio valet parking business; he said merchants are discussing the parking issue; he also wondered about the Burlingame Avenue improvement study which was proposed. Mayor explained about proposals for study and about the traffic commission's upcoming discussion of parking, yellow zones and one-way street proposal for Donnelly. Martha Benson was also concerned about same issues. Jeanne Cambra, the manager of Il Fornaio, thanked council for the yellow zone which is working successfully; she was concerned about requirement for free valet service and that they would be overrun with customers; suggested a validation system; discussed looking for another parking site; noted they did not turn any customer away from valet parking. Mr. Gilmore, valet parking business owner, objected to an article in newspaper; thought fee was too high for a special event; asked about requirement for badges; noted Hyatt charges $11 for valet parking and Marriott charges $10; Il Fornaio is subsidizing his service but for how long? Mayor Knight asked what was charged in San Francisco, he said charges averaged $5. Councilman Harrison noted merchants support this service, but wondered if they would if there were a charge. Gilmore suggested a compromise, city provide parking and they provide free service. The hearing was closed. Vice Mayor Pagliaro said there is the same amount of background checking and legwork for either permit, he favored the charges; regarding parking validations, we can always change the ordinance later. Councilman Harrison concurred, thanked the merchants for working together, he could support the ordinance with changes mentioned tonight. Council members said we can fine tune the ordinance later and appreciated Il Fornaio's efforts, they supported the ordinance with Vice Mayor Pagliaro's changes. City Attorney also suggested adding item about parking spaces for special events suggested by Gilmore. Councilman Harrison moved to adopt ORDINANCE 1523. Seconded by Councilwoman O'Mahony and carried unanimously. 1995 WEED RUBBISH ABATEMENT RAM - RESOLUTION 36-95 ORD ERING N F DAN R ISH - Public Works Director reviewed his memo of April 24 which recommended council hold a public hearing and take action. Each year the city establishes the Weed and Rubbish Abatement Program. The lands to be abated have been posted and the Director presented a list of all properties so posted. After hearing any protests, council should adopt the resolution ordering abatement. He noted because of the excessive rain we may have another crop of weeds when these are removed. Mayor Knight opened the public hearing. A property owner suggested that the owners of property also be notified by mail, as he had been unaware of the posting of his property. Council agreed that was a good idea. The hearing was closed. Councilwoman O'Mahony moved adoption of RESOLUTION 36-95 Ordering Abatement of Weeds and Rubbish. Seconded by Councilman Spinelli and carried unanimously. PUBLIC COMMENTS None. ALTERNATIVES FOR FINANCING LIBRARY RENOVATION City Manager reviewed his memo of April 25 which recommended council review the alternatives and direct staff and the financial advisor on the preferred financing for the Library Reconstruction Project. Staff has met with the financial advisor, Rauscher Pierce Refsnes, Inc. and the bond counsel, Orrick, Herrington & Sutcliffe. While we have numerous options, it appears we can 321 significantly lower our financing costs by using a joint power authority (JPA) and an asset transfer structure. Assuming a $10 million issue with a Z0-yew amortization, our net debt service would be $808,000 annually with a 6.33 percent effective int€rest cost. To fund this debt service, approxi- mately 5l percent of our two percent hotel tax would be necessary. These estimated rates and debt service are subject to change and will be based on competitive bids. Virginia Horler, Managing Director of Rauscher Pierce Refsnes, recommended the lease financing method with a Redevelopment Agency; she noted council has already established itself as a Redevelopment Agency many years ago and though it is not active it is still in existence; the city would form a JPA with its Redevelopment Agency; the JPA would sell the revenue bonds for the library construction; this would have the least cost for the city. Staff and Horler responded to council questions on lease financing and the facilities which might be used; possibly forming JPA with ABAG; Vice Mayor Pagliaro wanted assurance in writing from legal counsel that this procedure would not bring up all the requirements for Redevelopment Disfficts including having a defined project area. Councilman Harrison moved to accept the report and direct staff to proceed with setting up a JPA and the asset transfer. Seconded by Councilwoman O'Mahony and carried unanimously. COMMISSION APPOINTMENTS Mayor Knight said she and Councilman Spinelli interviewed for one position on the Planning Commission. Councilman Spinelli said they interviewed several well qualified candidates; he noted the incumbent is also well qualified and they recommended reappointrnent of Mike Ellis for another term until April 1999. There were no other nominations and Ellis was unanimously confirmed. Councilman Harrison thought candidates interested in this commission should be encouraged to attend commission meetings. Vice Mayor Pagliaro said he and Councilman Spinelli had interviewed ten candidates for the Park and Recreation Commission vacancy. They recommended appointrnent of Ed Larios. There were no other nominations. Larios was unanimously affirmed for a term to October 1998. AND P ATION. OF ORDINANCE 1525 ESTABLISHING TWO-HOUR PARKING NG WEST SIDE OF CALIFORNIA DRIVE BETWEEN OAK GROVE AND 4OO FEET NORTH Public Works Director reviewed his memo of April 26 which recommended council introduce an ordinance as recommended by the Traffic Commission; he noted the two green zones would remain. The commission heard a request at the April meeting from a business owner; at the present time large vans and trucks park all day in front of the stores; there is unlimited parking across the street. Vice Mayor Pagliaro asked if they discussed parking meters; they had not. Councilman Harrison moved to introduce ORDINANCE 1525 as recommended. Seconded by Councilwoman O'Mahony and carried unanimously. CONSENT CALENDAR Vice Mayor Pagliaro had some questions on items which staff responded to; he noted there was a considerable increase in the contract cost of "c," the landfill closure project. Staff reviewed the work coordination between three offices, deadlines and revisions with air board and several additional submittal to other review agencies. Vice Mayor Pagliaro asked if staff was a satisfied there would be no further increases; they were. Councilwoman O'Mahony said she also noted this large increase, would like to compare with original contract. Staff said the scope of work is specific, part of the increase is in additional requirements and additional soils testing. Regarding "e," the Washington Park water well; Vice Mayor Pagliaro noted this project is also over budget; he wondered if the water could be used during an emergency; staff said the water would need chlorination for human consumption and the pump would have chlorination equipment for emergen- cy use; use of well water shows our city's commitment to conserving water; he noted the apartrnent house next door to city hall will be buying the well water from the city for landscape inigation. LUTION MPLETION AT 17 AND 19 EL UANITO - CP 9306 Public Works memo of April 25 recommended council accept this job as completed by Satterfield & Company in the amount of $31,346.46. b DENIAL OF CLAIM F JESSICA MAGUIRE City Attomey's memo of April 17 recommended council deny this claim for injuries allegedly sustained when she was struck by a car at El Camino and Rosedale. RESOLUTION 38-95 AMENDING FOR LANDFILL CLOS CONSUL- Public Works' memo of April 25 recommended council approve an amendment to the agreement with Woodward Clyde in the amount of $246,000 for increased scope of work. d RESOLUTIO 39.95 AMENDING ARCHI AGREEMENT R LIBRARY c e RECONSTRUCTION PROJECT - CP 9305 Public Works memo of April 27 recommended council approve this agreement amendment with Group 4 in the amount of V4,457 for additional work in waterproofing plans. RESOLUTIO 40-95 AWARDING CO CT FOR WASHINGTON P ARK WATER Public Works memo of April 27 recommended council award this contract to Arnold Construction in the amount of $559,888 for the pump and tank in Washington Park. We have requested increase in the State Water loan from $400,000 to $600,000; the high school will pay $50,500 of the costs; the loan will be repaid from water funds. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor Pagliaro told about the SamTrans meeting which several council members attended. Mayor Knight had also attended Criminal Justice, Emergency Services, Shinnyo-En event' "Christmas in April" event in San Mateo, that organization hopes to bring such an event to our city. She noted Councilwoman O'Mahony has been appointed to the new County Investment Oversight Committee and that term limitations will be discussed at the next city selection meeting. 322 TANTS - CP 9117 WELL PUMP AND TANKS - CP 9317 323 OLD BUSINESS Councilman Harrison said there are several abandoned and unsightly newsracks on Broadway. The abatement process was discussed. NEW BUSINESS Mayor Knight set an appeal hearing for May 15 for a taxi company permit detried by Police. Regarding parking, Vice Mayor Pagliaro said the library parking structure is not in full use at night and thought there should be a sign at l,orton and Donnelly directing people to the location. Councilman Harrison said there was a parking space between two stop signs at the intersection at the Recreation Center; a small child camot be seen if a car is parked there and he thought the space should be a red zone. Mayor Knight said there will be a tree planting ceremony in memory of those killed in the Oklahoma City bombing, more information will be sent to council. ACKNOWLEDGEMENTS Commission Minutes: Traffic, Safety and Parking, April 13; Senior, April 20; Planning, April 24, 1995. b. I-etter from Ronald Durkee regarding the Eee removal at 1359 Columbus. a c Councilman Harrison moved approval of this event with wine served. Seconded by Councilwoman O'Mahony and carried unanimously. City Attorney suggested the Foundation develop its own stationery rather than using the Library's. d. Letters from George White, Bruce Balshone, David Berke, Sherman kwis and the MTC regarding BART. e. IJtter from Sarah Bunje regarding parking in the Burlingame Avenue area. CLOSED SESSION At 10:44 p.m. Mayor Knight adjourned to a Closed Session regarding (1) anticipated litigation regarding the BART exterxion and (2) labor negotiations, Parks and Public Works Departrnents. ADJOI]RNMENT IN MEMORY OF THE VICTIMS OF THE OKLAHOMA CITY BOMBING Mayor Knight noted with sadness the many tragic deaths related to the Oklahoma City terrorist bombing. She asked for a moment of silence and adjourned the meeting in memory of the victims Judith A. Malfatti City Clerk at 11:09 p.m. ktter from the Library Foundation requesting support for a Chamber Mixer at the Library after it is vacated at which wine would be served.