HomeMy WebLinkAboutMin - CC - 1996.01.02419
BI.JRLINGAME, CALIFORNIA
January 2,1996
CALL TO ORDER
A duly noticed regular meeting of the Burlingame Clty 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 Harrison.
PLEDGE OF ALLEGIANCE TO THE FLAG
Ird by Clara Crook, Cituen of the Year and Senior Commissioner.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of December 4, L995 were unanimously approved after a
change regarding the yield sign at Ray and Davis, on page 5 first paragraph, to show "staff noted
...there should be street markings." Vice Mayor O'Mahony mentioned that the 1996 Calendar
discussion on page six refers to her missing this meeting but her plans had changed.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1536 ADOPTING THE 1994
UNIFORM FIRE CODE
City Attorney reviewed his memo of November 2 which recommended council hold a public hearing
and take action. Every few years the state adopts new Uniform Codes which in turn become the
codes of cities and counties. We are allowed to adopt our local amendments to those codes. The
proposed ordinance makes our amendments to the 1994 Uniform Fire Code. The proposed
ordinance deletes the current Fire Code and adopts a new one because the numbering system has
changed and we need to renumber our sections. There is only one new amendment and that is
requiring fumigating contractors to have 24 hour supervision and a telephone available at all times.
Mayor Harrison opened the public hearing. There were no comments and the hearing was closed.
Councilman Spinelli moved adoption of ORDINANCE 1536. Seconded by Councilwoman Knight
and carried unanimously.
PUBLIC COMMENTS
Clara Crook, Senior Commissioner, thanked council for its support. She has been with Emeritus
Forum for eight years and the city has supported it by allowing the use of the Recreation Center;
it's very successful program and always interesting; she appreciated the Mayor coming to speak last
month; she thanked Randy Schwartz, Recreation Manager, and other staff for their help.
Angelo Delacasa, resident, complained about a threatening letter from a neighbor and what he
perceived as lack of response from police. He gave a copy of the letter to the City Attorney.
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Robert Aguilar said he received a copy of the city attorney's report on Consent Calendar item *H
(4)" regarding denial of his claim for damage to his car from a tree branch which fell. He
requested council delay action until he submits more information and photographs.
POSTPONE HEARING ON NEW AMUSEMENT PERMIT FOR PADDY FLYNN'S. 246
LORTON AVENUE
Mayor Harrison acknowledged a letter from Patrick Flynn requesting postponement of the hearing
Vice Mayor O'Mahony moved to continue this matter to the next meeting, January 1.7. Seconded
by Councilwoman Janney and carried unanimously.
RESOLUTION 1-96 REVISING RATES FOR SOLID WASTE DISPOSAL
Mayor Harrison invited the Finance Director forward and told the audience about the "Freebee"
Shuttle Bus service which Finance Director Becker instigated.
Finance Director reviewed his memo of December 1.8, 1995 which recommended council approve
the new rates based on volume of refuse generated effective January l, 1996. The rate recorrmen-
dation reduces by 4.7 percent the rates for the typical residential service and most small business
accounts. The typical large business account increases by 7.3 percent. The overall increase in
Burlingame is 4.3 percent. Last year council heard a proposal from BFI for changes in the yard
waste program and council elected to continue with our present program which includes weekly
recycling, biweekly yard pickup as well as end of the month pickup. He noted the end of month
pickup is increasing in size and that all customers are subsidizing those who put refuse out at the
end of the month instead of paying for extra weekly capacity. He responded to council questions;
regarding whether recycling would be expanded to include mixed paper, he said it is being discussed
by BFI; if the end of month pickup continues, we should find a way to inform residents about the
service, possibly in the Recreation Bulletin; should reevaluate the costs of the month end service
because of its impact on all residents; reviewed large commercial accounts and recycling programs.
Vice Mayor O'Mahony moved to adopt RESOLUTION 1-96 Revising Rates for Solid Waste
Disposal. The motion was seconded by Councilwoman Ifuight and carried unanimously.
ACCEPT 1994-95 AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT
Finance Director reviewed his memo of December 5, 1995 which recommended council accept the
report. The Audit Committee, consisting of Mayor Harrison, Vice Mayor O'Mahony, the City
Manager and the Finance Director, met with representatives of KPMG Peat Marwick to receive the
draft audit report and Comprehensive Annual Financial Report. The auditors had no findings or
recommendations for changes in practices or procedures. He complimented Linda [re, senior
accountant, on the fine job of putting the financial report together. He also thanked the Library and
Historical Society for help in compiling "tidbits" of historical information to include on the blank
pages of the report. Vice Mayor O'Mahony complimented staff on another audit report with no
findings. Councilwoman Janney said she was impressed with the very readable report.
Vice Mayor O'Mahony moved to accept the 1994-95 Audit and Comprehensive Annual Financial
Report. Seconded by Councilwoman Janney and carried unanimously.
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APPROVE POLICY FOR PROVIDING INTERNET AT THE LIBRARY
City Librarian Escoffier and Library Board President Jane Dunbar asked council to review options
for providing Internet to the public at the library. The options were providing open access to the
Internet workstation; providing access to the workstation by age, with signed parental approval;
providing limited access to the Internet via a software package which blocks certain words; or not
providing Internet to the public. The Library Board recommended a policy which would allow
library users of all ages open access to the Internet via a workstation in the adult reference area of
the library for a 90 day trial period to monitor how library users access the Internet. A survey
would be conducted during the 90 day period. They noted the library does not monitor the use of
books or other material to anyone, regardless of age. Parents are urged to take an active role in
children's reading and intellectual development, as well as use of the Internet.
Councilman Spinelli asked if there would be E-mail and newsgroup access, they responded no; he
noted Internet is a tremendous tool but needs to be monitored. Councilwoman Knight appreciated
the library board's report; agreed we do not monitor use of books; noted local schools are develop-
ing a policy. Vice Mayor O'Mahony concurred; during monitoring period she hoped we could find
a way to collect funds for some of this service. The Mayor valued the demonstration last week.
Vice Mayor O'Mahony moved approval of the recommended policy. Seconded by Councilman
Spinelli and carried unanimously.
CONSENT CALENDAR
Mayor Harrison removed the claim of Robert Aguilar, item "h (4)," for discussion. Council
concurred in postponing action until January l7 meeting as requested.
Regarding item "f" an encroachment permit for a fence at 201Anita, Councilwoman Knight was
concerned about visual obstructions; staff was confident based on their recommendation there would
be no obstruction.
Mayor Harrison acknowledged a letter and photos received tonight from Alexia Bogdis who has a
claim against the city, item "h (3). " Mr. Bogdis was present and said he would not comment on his
daughter's claim. City Attorney said he spoke with Park Department and while the tree photos
show evidence of heart rot, there was no visual indications of the disease before the limb broke off
in the severe storm. He recommended council deny the claim.
INTRODUCTION OF ORDINANCE 1537 ESTABLISHING STOP SIGN ON RAY DRIVE
AT DAVIS DRIVE
City Attorney's memo of December 5, L995 recommended council introduce the ordinance.
As council directed at the December 4 meeting, he prepared an ordinance adding a stop sign
for Ray Drive approaching Davis Drive. A public hearing would be held January 17.
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Councilwoman Knight asked about item "g" another encroachment permit for an iron fence at 2028
Carmelita, noting the neighbor does not object and the fence improved the appearance. Councilman
Spinelli asked about the shrub height. The applicant, Mrs. Campos, was present and said they
would cut the shrubs. Vice Mayor O'Mahony also had concerns that the applicants had built the
fence without permits, if they had applied for permits before building they would have known how
and where to build it. She could support approval with conditions listed in staff report.
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b WARRANTS AND PAYROLL
Finance Director recommended approval of Warrants Number 41266 - 41676, duly audited,
in the amount of $1,373,578.83 and Payroll Checks 81507 - 82237 for the month of
November 1995 in the amount of $1,230,069.07.
c RESOLUTION 2-96 APPROVING LEASE AGREEMENT WITH RECTOR CADILLAC
City Attorney's memo of December 7 recommended council approve the lease agreement
with Rector Motor Car Company for the frontage along Rollins and Broadway. After
negotiations, the price of $500 a month was agreed upon. This is ten times the prior rate
and is 9.1 cents per square foot.
Public Works memo of December 19 recommended council approve an encroachment permit
with usual conditions for a planter box encroaching 4.5 feet into city right of way.
Public Works memo of December 19 recommended council approve an encroachment permit
with usual conditions for a brick fence encroaching two feet into city right of way.
f. ENCROACHMENT PERMIT FOR WOOD FENCE AT 201 ANITA ROAD
Public Works memo of December 26 recommended council approve an encroachment permit
subject to usual conditions and additional two conditions that (1) the corner at the driveway
provide a three foot cut-off for sight clearance and (2) that a building permit be obtained.
g. ENCROACHMENT PERMIT FOR IRON FENCE AT 2028 CARMELITA AVENUE
Public Works memo of December 26 recommended council approve an encroachment permit
subject to usual conditions and an additional 6 conditions that (1) fence and shrubs be
reduced to 3 foot height at the corner of Vancouver and Carmelita, (2) fence height be
reduced to 3 foot height above the driveway from garage to 8 feet clear of the driveway
entrance, (3) reduce fence height to 3 feet maximum above the driveway to 8 feet clear of
the adjacent driveway at ll04 Vancouver, (4) owner is responsible to maintain plants and
shrubs at 3 feet maximum height, (5) remove fence supports from top of the sidewalk and
repair the sidewalk, (6) obtain a fence permit and a construction encroachment permit.
h.DENIAL OF CLAIMS: (1) THOMAS & TAMI ARRINGTON. (2) LOUIS CRAVIOTTO.
(3) ALEXIA BOGDIS. (4) Postponed (Aeuilar)
City Attorney's memos of December 6, L9 and 2l respectively, recorlmended council deny
these claims for (1) cross complaint regarding a drainage pipe, (2) paint damage to car which
struck a can of paint in street, and (3) damage to car from fallen tree branch. Action on the
Aguilar claim was postponed to the next meeting.
Vice Mayor O'Mahony moved approval of the Consent Calendar excluding item "h(4)." Seconded
by Councilwoman Ifuight and carried unanimously.
d. ENCROACHMENT PERMIT FOR PLANTER BOX AT 1812 ASHTON DRIVE
e. ENCROACHMENT PERMIT FOR BRICK FENCE AT 1220 EDGEHILL DRIVE
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Mayor Harrison distributed a list of appointments made by CCAG
NEW BUSINESS
Mayor Harrison set an appeal hearing for the January 17 meeting for tree replacement size for a
private tree removed at 2312 Easton Drive.
Councilman Spinelli thought after the recent storm damage and power outages, it might be a good
time to talk to PG&E about undergrounding electric utilities on El Camino Real; also noted many
businesses were without power in the Broadway area, city lost sales taxes during that time. City
Manager noted PG&E discourages undergrounding in residential areas. Vice Mayor O'Mahony
discussed Rule 20 and suggested a future study on this issue.
City Manager mentioned the goal session study meeting is scheduled for January 27 which is the
same day as a CCAG retreat. Council rescheduled the Goal Session for February 3, 1996.
ACKNOWLEDGEMENTS
Commission Minutes: Beautification, December 7; Planning, December 11, 1995
Departrnent Reports: Building, November 1995; Treasurer, November 30, 1995.
futters from James McGovern regarding a landslide on his property. (Mr. McGovern was
present but did not speak.)
ktter from Ed Gladysz in support of BART to Millbrae.
Proclamation Commending the Doubletree Hotel for Outstanding Efforts to Reduce Waste
and Recycle.
futter from Charlotte Kalbhenn objecting to outdoor seating on Burlingame Avenue,
especially at La Pinata.
CLOSED SESSION
At 8:23 p.m., council adjourned to a Closed Session to confer with the City Manager regarding
labor negotiations with the Police Officers Association.
ADJOURNMENT IN MEMORY OF HARRIET ,WOODY'' KNUDSEN. JOE HURLEY AND
MARIE DEAN
Mayor Harrison noted with sadness the death of "Woody" Knudsen, long time resident, library
volunteer and member of the "Friends of the Library" and of Joe Hurley, a very articulate man who
has spoken before council. Vice Mayor O'Mahony mentioned the passing of a community friend,
Marie Dean. After a moment of silence, the meeting was adjourned in their memory at 8:46 p.m.
Judith A. Malfatti
City Clerk
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COUNCIL COMMITTEE REPORTS