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HomeMy WebLinkAboutMin - CC - 1995.08.21355 BI,]RLINGAME, CALIFORNIA August 21, 1995 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 7:30 p.m. by Mayor Knight. PLEDGE OF ALLEGIANCE TO THE FLAG kd by Mary lanney, council candidate. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELU NONE MINUTES The minutes of the Regular Meeting of July 17, 1995 were approved unanimously. PUBLIC HEARING - INTRODUCTION OF ORDINANCE - 1995-96 SANITARY SEWER SYSTEM USER RATES Public Works Director reviewed his memo of August 11 which recommended council hold a public hearing and take action. EPA regulations require that operation and maintenance costs be paid from the sewer rate and specify the method of calculating that rate based on flow and loading. Proposed rates for single-family residential increase 2.4 percent and multi-family decrease .4 percent. Commercial rates decrease from .8 to 13.6 percent. A comparison of combined sewer and water bills with other cities shows we continue to have one of the lowest residential rates. These rates, together with the estimated $880,000 received from Burlingame Hills and Hillsborough in accor- dance with their agreements, should raise revenue equal to the current budget plus $2100,000 for Capital Improvements. The new rates would go into effect on September 1, 1995. He responded to council questions regarding why the increase in single-family and decrease in commercial rates; Director explained that the sludge hauling cost has been reduced and commercial sewer use pays the majorrty for sludge hauling, the reduced costs were passed on to the commercial users; the hospial is categorized as light commercial, not institutional which is schools and churches; council noted Burlingame still has the lowest rate. Mayor Knight opened the public hearing. There were no co[rments and the hearing was closed. Councilman Harrison moved to introduce ORDINANCE 1530. Seconded by Councilman Spinelli and carried unanimously. PUBLIC HEARING - RESOLUTION 63-95 - 1995-96 WATER RATES Public Works Director reviewed his memo of August 10 which recommended council hold a public hearing and take action. Each year the Public Works Deparnnent reviews the water rates and fees and recommends any changes to council. Water rates were raised in September 1994 because San 366 Francisco Water Departrnent (SFWD) raised its rates 19 percent. For 1995-96, the SFWD rates remain the same as last year. The city's water use has remained the same as the year before and staff does not expect any dramatic increase in water use this year. The review of rates indicates the city rate of $1.85 per thousand gallons does not need to be changed. The city serves the unincorpo- rated area of Burlingame Hills and that area has a higher water rate due to the necessity of pumping water to the higher elevations. The Burlingame Hills area also pays a surcharge for installation of water mains and hydrants to increase fre protection. The Hills area rate needs to be increased 1.5 percent to $2.09 and the surcharge will be decreased from $1.12 to $1.00 per thousand gallons. The fees for installation of water service and meters are recommended to irrcrease 5 percent. There is also a provision in this resolution to provide for the city adjusting water bills when a major undetected leak occurs and results in a large water bill. He responded to council questions. Mayor Knight opened the public hearing. There were no comments and the hearing was closed. PUBLIC COMMENTS laura Snideman, San Mateo County Association of Realtors, introduced herself as the new Government Affairs Director for that group. Irwin Berch, 3057 Mariposa, spoke about the Seneca Center located at 3607 Mariposa. This is a residential child care facility for disturbed children; he said it was an inadequate facility and had poor security; the previous facility at the same location closed suddenly and he would like to have the city find out why; when this new center opened the neighbors insisted they meet with managers; the sate has sanctioned this home, the costs of which are mind-boggling; there was a volatile situation there the other night where two boys went on a rampage and destroyed furniture and broke all the windows; said it's a dumb idea to put disturbed young people in a residential area; he thanked the police departrnent for their help and urged the city to head off the problems. Russell McGovern, 1812 Hunt, agreed with Mr. Berch, noting he had covered most points; San Mateo County assured neighbors that they would be notified of any change at this site, but neighbors were not notified; he was not surprised at the incident the other night, the people in charge at night are incompetent, can't handle these disturbed youngsters; he was concerned a fre could be set there. Vice Mayor Pagliaro recalled the problems that came before council from the previous home at that site; at that time council was told the city had no control; he noted both these men who spoke seemed reasonable and if what they say is true, he would like a report from the responsible agency about what happened. Mayor Knight thought the prior group seemed responsive, it has changed overnight. Police Chief said the same county agency is in charge. Councilman Harrison asked if the city could check for any code violations. Mrs. McGovern said the owners of the house got $9,000 to prepare the house for this new group and they get $2,400 rent each month; there are six children in the house, five teenage boys and one little girl; she thought this was child abuse, these are seriously disturb€d children; there is inadequate supervision. City Attorney said the state has taken zoning control away from the city in these matters but the city can abate public nuisances. Another resident said the boys are beating up each other; there is a "quiet room" which is padded and soundproofed; think there is child abuse there. Vice Mayor Pagliaro noted it is very difficult to bring about an abatement action; he asked the police to report to council on activity at the site. Mayor Knight noted the incidence of runaways needs police reports and creates a record of incidents at the site. Councilman Harrison moved to adopt RESOLUTION 63-95. Seconded by Councilman Spinelli and carried unanimously. 367 Judy love-Richmond, 1233 Paloma, said she owns a shop in town and bikes to work; she would like the city to consider establishing a bicycling committee to encourage use of bicycles; she is a member of a Silicon Valley Bicycle Coalition which works with cities in the South Bay; she would be willing to serve on a city bike committee. Vice Mayor Pagliaro and Councilwoman O'Mahony told her CCAG is very active in promoting bicycling for all its member cities; suggested she might also talk to the Park & Recreation Commission about this subject; noted there may be an opening on the CCAG bicycle committee, she could call them. Will McGowan,37 Larton, congratulated the city on the new temporary library, it's nicer than other cities pennanent libraries; he was concerned there are only two lights at the site and it's very dark at night; suggested curb ramps be installed on the corners at Bayswater and Park for disabled; power lines are causing the trees to be pruned every year, it would be better to have lines undergro- unded; noted the intersection of Bayswater and Iorton is busy and difficult for auto traffic to cross. Mayor Knight said she saw lots of bikes locked to meters and poles at the library site, they need some bike racks. She closed the public comment period. ELECTI NOF City Attorney reviewed his memo of August 17 which recommended council take one of two altematives allowed by the State Election Code. As of the end of the extended filing period on August 16 there were only two candidates nominated for the rwo council positions to be filled in the November election. The election code provides that the City Clerk notify the city council that it may: (1) appoint the persons who have been nominated or (2) hold the election. The code also provides that a notice of these options is to be published. Those requirements have been met. If council calls the election the cost would be approximately $12,000 and there would be an opporhrni- ty for write-in candidates to run for office. Vice Mayor Pagliaro asked about the possibility of write-in candidates filing if council appoints and cancels the election. The City Attorney explained the code provides that if council appoints the nominees the city clerk may not accept any write-in nomination papers for filing after appointment. Vice Mayor Pagliaro moved to adopt RESOLUTION 64-95 Appointing Nominees and Canceling the Election. Seconded by Councilman Harrison who congratulated the nominees Mayor Knight and Mary Janney. Councilman Harrison thanked Vice Mayor Pagliaro for his service and noted he would have much more to say in November when Vice Mayor Pagliaro leaves office. The motion carried unanimously. Mayor Knight asked Mary Janney to sand and be recognized. City Manager reviewed his memo of August I which recommended council consider the proposal from a mediation program, the Peninsula Conflict Resolution Center (PCRC), and select one of the options for service. Funding would be from contingency reserves. During the budget study session in June council said it wished to consider this agency separately from the community group funding and consider various alternatives for level of service. Patricia Brown, Executive Director of PCRC, explained PCRC is a private, volunteer-based non- profit organization established in 1986 to provide conflict resolution service in San Mateo County. She told of three levels of service; the full service program would have a fee of $.40/rcsident or 368 about $11,000; to encourage the city to use the full service program, they proposed a one-time incentive to provide unlimited service for half the full contract fee or $5,500. She responded to council questions; staff confirmed that such a service would be very useful. Councilman Harrison moved to approve a full service membership for the one-time fee of $5,500; he asked that there be a full report at the end of the year. Seconded by Vice Mayor Pagliaro and carried unanimously. RESOLUTION 65-95 APPROVING SCOPE OF WORK AND CONTRACT FOR BURLINGAME AVENUE/BROADWAY STREET SCAPE STUDY City Planner reviewed her memo of August I I which recommended council review the scope of work, budget and contract, and direct staff or approve the contract. In Iuly council selected Gates Associates to prepare the study along with Brian Kangas Foulk, traffic engineers, for the traffic study. Council asked for some additional work in the traffic area which is included in this revised scope of work. rffith the revisions, the bid price has increased from $49,462 to $80,669. The principle increase was in the traffic analysis, other increases included adding a second worlchop in each study area, aerial photography for base maps and a parking user/shopper survey. Council might consider deleting some items to reduce the cost. The additional funds would come from those allocated to Burlingame Avenue Sidewalk improvements. Council discussed various items in the scope of work; in the project we need to clearly identify that funding for implementation will need to come from merchants and property owners as well; extremely important for everyone to participate financially, should be specifically mentioned in contract. Vice Mayor Pagliaro move approval of the contract with the two prong public participation. Seconded by Councilwoman O'Mahony who noted we need a two-prong public participation by Gates with public relations effort which involves owners and the community, Gates needs to make an effort to market the proposal. Mayor Knight noted her surprise at the great increase in cost; when Gates made presentation it sounded like these things were included; she was not reluctant to improve the downtown area. The motion carried unanimously. REMODELING FIRE STATION 36 - CP 9422 - RESOLUTION 66-95 AWARDING CONTRACT TO LOW BIDDER AND DISALLOWING BID PROTEST Public Works Director reviewed his memo of August 16 which recommended council reject the bid protest and award the bid to the low bidder, or reject all bids. On August I bids were opened and Trenery Building was the low bidder in the amount of $249,950. There were two addenda which were required to be submitted with the bid. Trenery did not submit the addenda and did not sign one place in the proposal. The second low bidder, P & A Construction, protested the bid award. The city can waive irregularities, and after review staff decided to recommend award to Trenery. Representatives from P & A were not present to protest. Vice Mayor Pagliaro was concerned about the low bid for alternate two, he asked if we required performance bonds, staff replied yes. Councilwoman O'Mahony moved to adopt RESOLUTION 66-95 awarding the bid to Trenery. Seconded by Councilman Harrison and carried unanimously. 369 LIBRARY BOARD APPLICANTS City Manager reviewed his memo of August I which recommended council schedule interviews. There are five applicants, including two incumbents, for two seats on the Library Board. Council- man Harrison said he saw no need to interview the incumbents. Mayor Knight appointed Vice Mayor Pagliaro and Councilwoman O'Mahony to interview. Staff will set up hterview date. City Manager's memo of August 3 recommended council cancel the August 23 study meeting since there are no study items scheduled. Councilwoman O'Mahony moved to cancel the meeting. Seconded by Councilman Harrison and carried unanimously. Mayor Knight mentioned the Constitutional Revision meetings and proposed changes; staff will keep council informed. CONSENT CALENDAR Vice Mayor Pagliaro asked about (a) purchase of 109 acres of tax-defaulted baylands near the waste water treatment plant and who had owned it; who owned the sewer line crossing the site. Staff responded a series of developers who had plans for oyster farms in the baylands, they went bankrupt; the sewer line is a city emergency outfall line. Regarding (e) Victoria and Ray Parks, Councilman Harrison mentioned that several other small parks were developed by the Burlingame Lions Club and he would like to see the Lions logo remain to acknowledge the club's early participation. Staff noted Ray and Victoria are not among the Lions Club parks, this could be considered in the future. i RESOLUTION 67-95 ITHORIZING PURCHASE OF 109 A OF TAX-DEFAULT- ED BAYLANDS NEAR THE WASTEWATER TREATMENT PLANT AW RC ROAD - CP 9420 Public Works memo of August 10 recommended council award this project to P&F Con- struction in the amount of $25,077.57. This project is to construct a driveway connecting the yard to the back of the leased property next door. CANCELLATION OF STUDY MEETING City Manager's memo of August 2 recommended council approve purchase of tax-defaulted property adjacent to the wastewater treatment plant and bayside public access. The purchase price is $30,000 and funds are available in the Sewer Fund. The County Tax Collector notified the city about the sale of 109 acres of baylands for nonpayment of property taxes. The city has priority in the purchase of this land. Given the location and the fact that an emergency sewer outfall line crosses it, staff feels the city should acquire this land to buffer our treaunent plant and landfill. In the tax sale process, the current owner may redeem the property up until the day prior to the sale. b. 37C RESOLUTION 69-95 AUTHORIZING AGREEMENTS WITH SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR SHUTTLE BUS GRANTS Finance Director's memo of August 9 recommended council approve the resolution authoriz- ing agreements with the Transportation Authority for $115,000 in grant funds for the commuter shuttle and the mid-day shuttle. d RESOLUTION 70-95 RENEWING AG FOR SHUTTLE BUS SERVICE Finance Director's memo of August 8 recommended council renew the agreement for commuter and mid-day shuttle bus service with Empex Ventures dba Industrial Passenger Service, through June 30, 1996. The cost is approximately $132,000 and is totally funded by grants. N F VILLAGE AND YP PLAYGROUND IMPROVEMENTS - CP 9321 Park Director's memo of August 7 recommended council accept completion of playground improvements by J.M. Construction in the amount of $55,150. f. CHAMBER OF COMMERCE REOUEST R THREE MONTH TRIAL PERIOD FOR e ADDITIONAL SATI]RDAY PARKING ENFORCEMENT Chamber of Commerce letter dated July 24 requested council consider an extra two hours of parking on Saturdays. City Manager's note and Police report stated staff would begin the three month trial on September 2 and costs could be accomplished within current budget. RESOLUTION 72-95 AWARDING CO CT FOR TREE PRUNING - CP 9512 Park Director's memo of August 15 recommended council accept the low bid of Arbor Care for pruning large city trees to a maximum expenditure of $74,000. h. DENIAL OF CLAIMS: (l) PG&E: (2) DUANE SINGH City Attorney's memos of August 8 recommended deny these claims for (1) indernnification in a trip and fall lawsuit and (2) a Walkman allegedly lost during an arrest. FINAL CONDOMINIUM MAP FOR 18 UNITS AT I2O9-I21I BAYSWATER Public Works memo of August 7 recommended council concur with the Planning Commis- sion and approve this final map. AMEND 1995-96 BUDGET - PURCHASE OF DONNELLY PROPERTYj. c. City Manager's memo of August 2 recommended council approve a $950,000 addition to the 1995-96 Capital Improvement Budget for the purchase and improvement of 1230 Donnelly as parking. Funding would be from general fund balances and 1915 Act Bond funds. I' 37i K. WARRANTS ANDPAYROTT Finance Director recommended approval of Warrants Number 39143 - 39814, duly audited, in the amount of $3,191,056.13 and Payroll Checks 78089 - 78879 for the month of July 1995 in the amount of $1,344,257.17. Councilman Harrison moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously. COUNCIL COMMITTEE REPORTS Vice Mayor Pagliaro reported on ABAG plan for purchase of electricity and natural gas for city operations. Councilman Harrison told about EXPO board meeting and plans for Bay Meadows lands; also Convention and Visitors Bureau office site selection process. Councilwoman O'Mahony commented on the historic house on Donnelly. Councilman Harrison suggested members of the Historical Society b€ given a walk through the building. Councilwoman O'Mahony thought the city was obligated to protect the history of the city. Mayor Knight told of meetings and events she attended; Council of Cities meeting at which Teglia was reappointed to JPB; meeting with Santa Clara supervisor about Caltrain; Broadway Street Festival; opening the temporary Library; luncheon honoring Susan lllston, first US District Court Judge from our county; legislative committee and Criminal lustice meetings. OLD BUSINESS City Attorney suggested council set hearing for the taxi driver license/permit suspension. Vice Mayor Pagliaro thought council had tried to accommodate the appellant, now the burden shifts to him. Hearing was scheduled for the September 5 meeting. Mayor Knight said she has asked the City Aftorney to look into the status of the vacant lot at El Camino and Burlingame Avenue, specifically weed cleanup. NEW BUSINESS Mayor Knight set appeal hearings for September 5 for 2609 Hillside, and for a mini-microbrewery use designation, for 1384 Rollins and 1348 Rollins. Council suggested staff see if one or two of these could be moved to September 18 because of the long agenda. Vice Mayor Pagliaro said he noticed crack in the walls of the Parking Structure; also noticed signs for "food for sale" at a gas station on Howard. He asked the City Attorney to prepare an amend- ment to our smoking ordinance to prohibit self-service displays of tobacco products' Councilman Harrison suggested the sign designating library staff parking be removed from the Parking Structure. Mayor Knight asked about enforcement of the two-hour parking on Carolan in front of the high school. City Mamger reminded council that our city is hosting the Council of Cities at the Marriott Hotel this Friday. 372 a ACKNOWLEDGEMENTS Commission Minutes: Beautification, July 6 and August 3; Traffic, Safety and Parking, Iuly 13; Park and Recreation, Iuly 20; Planning, July 24 and August 14, 1995. b. Deparfinent Reports: Building, July 1995; Treasurer, July 31, 1995. ktters from laura Azevedo and Dale McClanahan regarding saving the building at 1226 Donnelly. c d e City Planner report entitled "Mandated Annual Review on Status of Implementation of Housing Element. " Proclamations: (l) Honoring Susan Illston Upon Her Appointrnent as U.S. District Court Judge; (2) Honoring Merrill Lionel Warne Upon His 99th Birthday. f. I-etter and press release from Pacific Cable Television regarding trade of asses with TCI. ADJOURNMENT IN MEMORY OF SANDRA KARP. LAI,JRENCE CARTER. JOY DUGGAN AND MASTER HSUAN HUA Mayor Knight noted with sadness the deaths of several prominent citizens. Sandra Karp, wife of city businessman Joe Karp and mother of Traffic Commissioner Ron Karp; Iaurence Carter, husband of Michelle Carter the former editor of the San Mateo Times; Joy Duggan, long+ime resident and former member of the Senior Commission; and the Venerable Master Hsuan Hua, founder of the Dharma Realm Buddhist Association which has a location in Burlingame. After a moment of silence in their memories, the meeting was adjourned at 9:21 p.m. Judith A. Malfatti City Clerk