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HomeMy WebLinkAboutMin - CC - 1996.02.05434 BIJRLINGAME, CALIFORNIA February 5,1996 CAT T 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 Harrison. PLFNGF OF AT I FGT{NCE TO THE FLAG kd by Fire Captain Tom Ames. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 17 L995, were unanimously approved after name correction on page 3, third paragraph, "Ra.n1ona Hernandez , ...u . CEREMONIAL MATTERS - PRESENTATION OF BADGE TO FIRE CAPTAIN Mayor Harrison asked newly promoted Fire Captain Tom Ames and his family to approach the podium where he congratulated him and presented him with the captain's badge. PUBLIC HEARINGS - SECOND READING OF ORDINANCF 1538 ADOPTING ITNIFORM ANMINTSTRATIVF, BIIILNING, MFCI{AMCAL, DANGEROIIS RUILDTNGS, PLUMRING AND ELECTRICAT CODES AND AMENDING CERTAIN CHAPTERS OF THE MUNICIPAL CODE Councilwoman Knight inquired about the Type-III fire wall, remembering the Village Host fire which damaged the neighboring business because of the lack of fire wall; when are sprinklers required in remodeling projects. Assistant Fire Chief Reilly explained the Public Works Director reviewed his rnemo of January 10 which recommended council hold public hearing and adopt the ordinance. The uniform codes are amended every three years and further amended by the State Building Standards Commission, and then published as the California Building Code. Local jurisdictions are mandated to adopt such amendments. Many amendments to the UBC in our current code are now included in these uniform codes. In the interest of county-wide consistency, other minor amendments have been eliminated. Fees have increased but the disabled access plan check fees have been reduced substantially. 435 differences in the sprinkler requirements with the new code. Councilman Spinelli asked Chief Building Inspector about the number of amendments being adopted. Mayor Harrison opened the public hearing. There were no comments; the hearing was closed Vice Mayor Rosalie O'Mahony moved approval of ORDINANCE 1538. Seconded by Councilman Spinelli and carried unanimously by voice vote. PUBT TC COMMENTS There were no public comments. RFVTFW OF AMUSFMFNT PERMIT FOR GOr nEN CHrNA RESTAURANT, 1230 RROANWAY City Attorney reviewed his memo of January 30, recommending council approve the application to July l, 1996, and place on annual review if there were no more problems. City Attorney noted there had been problems at this establishment with karaoke noise complaints last year. The permit was revoked and a new permit was issued in November 1995. The restaurant was given a 90-day permit in November. The problems have been corrected. Councilwoman Knight was disappointed that representatives of Golden China Restaurant were not present at meeting. She wanted to ask about the restaurant's present management and if it would continue. Councilman Spinelli moved to approve the amusement permit to July L,1996, and to place it on the annual review schedule. Seconded by Councilwoman Janney and carried unanimously. CONSENT CALENNAR Regarding item "b" Vice Mayor O'Mahony asked the Public Works Director to which landfill does the screening and grit go. Public Works Director responded it was, under a prior agreement, going to Redwood Landfill in Novato; the current contract takes it to an East Bay facility. Vice Mayor O'Mahony asked about appendix A and the adjustments to compensation. Public Works Director noted with the present agreement a 10 percent profit margin is allowed for contract changes. Regarding item'"g" Councilwoman Knight inquired about the salvage of items from the library, page2, item d, regarding plantings in front and could these mature plants be saved. Public Works Director explained that all shrubbery along existing building adjacent to the building will come out because the existing building and wall needs to be reinforced for the foundation work. She also asked if replacement landscaping had been budgeted for this project; Public Works Director replied it had. 43 6 A. RFSOT UTION 4-A6 AUTHORIZING AGREEMENT FOR FUNNING OF BAYSHORF HIGI{WAY SIGNAT INTERCONNECT AT MITTEN, STANTON AND MAHLER ROANS Public Works memo of January 23 recommended council authorize agreement with City/County Association of Governments of San Mateo County (C/CAG) for $100,000 to fund this project. The funds are being distributed by the Bay Area Air Quality Management District (BAAQMD) as an outcome of Assembly Bill 434. b. RFSOLIITTON 5-06 AUTHORIZING AMENNMENT 3 TO AGRtrtrMENT FOR OPERATION ANI-I MAINTENANCE OF WASTEWATFR TRFATMENT PLANT Public Works memo of January 25 recommended council adopt resolution approving Amendment 3 and authorizing City Manager execute amendment. Annual savings of $1,500. c. RFSOI UTION 6-q6 DESIGNATING AGENT FOR APPLICATION FOR FFNFRAL NISASTFR ASSISTANCE FOR DECEMBER STORM NAMAGF Public Works memo of January 31 recommended council authorize Public Works Director to be City's agent in the application. d. CANCEI r ATION OF FEBRUARY 14 STUDY SESSION City Manager's memo of January 23 recommended council cancel February 14 study meeting--no study items pending. e. DENIAL OF CLAIMS: (I) WILLIAM AND MELINDA SHAUGHNESSY; (2) MARGARFT DELIA; (3) WILLIAM COOK City Attorney's memos of January 12, 17 , and 29 respectively recommended denial of these claims for (1) property damage resulting from December 1995 storm; (2) trip and fall; and (3) property damage resulting from December 1995 storm. f. APPROVAL OF CITY INVESTMENT POLICY FOR 1006 Finance Director's memo of January 22 recommended council approve the city's investment policy for 1996. g. APPROVAL OF POLICY FOR SALVAGE OF ITEMS FROM THE PRIMROSE LIBRARY AND DUNCAN ANNEX SITES City Librarian's memo of January 17 recommended council approval of salvaging certain items from the Primrose Library/Duncan Annex site for reuse, Library Foundation sales, historic preservation, or donation. 437 Public Works memo of January 25 recommended council approve special encroachment permit subject to usual conditions for construction of 3 feet high fence with brick piers 8 feet on center encroachin g 4 feet into city right of way. i. FNCROACHMFNT PERMIT FOR POST, EATING PORCH, TILFS ANIN PLANTER BO\/ES AT 234 PRIMROSE Public Works memo of January 29 recommended council approve encroachment permit with conditions that (1) business owner shall maintain planter boxes or remove the tiles and replace with concrete at sidewalk grade; (2) the maximum height of the plants and planter boxes shall be 36 inches. j. RESOLUTION 7-06 ADDING REPRESENTATIVES TO FEDERAL SURPr US PROPFRTY PROGRAM City Manager's memo of February 1 recommended council adopt resolution adding two fire representatives to current list of staff authorized to acquire federal surplus property for city. Councilman Spinelli moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously. COUNCTI COMMITTEE REPORTS Vice Mayor O'Mahony attended the Emergency Services quarterly meeting on behalf of Councilman Spinelli, the Spring Festival organized by the Chinese Business Communities of the Bay Area, and the Broadway Streetscape meeting. Councilman Spinelli attended the Burlingame Avenue Streetscape meeting. Councilwoman Janney reported attending, as alternate, the C/CAG meeting/retreat with Vice Mayor O'Mahony. She attended, again as alternate, an orientation for the Convention Bureau. Councilwoman Knight attended the Council of Cities Legislative Committee, the Council of Cities dinner meeting with Councilwoman Janney and Mayor Harrison, and the Joint Powers Board meeting. Mayor Harrison confirmed his attendance at the Council of Cities meeting and Joint Powers Board. He also attended a SAMCEDA (San Mateo County Economic Development Association) meeting, Expo Board Installation meeting, and the grand opening of the San Mateo Chapter of El Concellios in Fox Mall. Vice Mayor O'Mahony also attended with Councilwoman Janney the North San Mateo County Council of Cities meeting. Mayor Harrison directed staff place on a future agenda the donation of funds to the Latino Peace Conference. 438 OLD BUSINESS Mayor Harrison commented on a letter he received from the San Mateo County Association of Realtors expressing concern about the flyer pertaining to BART and Burlingame property values and stating that the Association had no connection with the flyer's message or distribution. Councilwoman Knight commented on the letter received from Representative Frank Wolf concerning testifying before the Congressional subcommittee with regard to BART. She recommended sending Councilman Spinelli to again testify before the subcommittee as he did last year, because it was beneficial to the city. She then moved to discuss, with possible action, the letter from House of Representatives Member Frank Wolf. Seconded by Councilman Spinelli. City Attorney advised that since the letter arrived after the agenda was prepared and action is needed prior to our next meeting council may with a four-fifths vote discuss it and, if council wishes, take action. Motion carried unanimously by voice vote. On the issue of testifying in Washington DC regarding BART, Councilman Spinelli stated BART representatives would be attending the Congressional hearings and felt Burlingame, having received a letter of invitation, should attend as well. He stated that having a representative personally attend the subcommittee meetings has a greater impact on the committee members than sending correspondence for them to read. Councilwoman Janney inquired about the significance of reappearing before the subcommittee; what has changed in the past ten months since Councilman Spinelli last attended the subcommittee meeting; and would Millbrae be sending a representative. Councilman Spinelli stated that the entire BART project alignment has changed, and Burlingame was the only city to receive an invitation and an oppoftunity to testify before the cornmittee. Councilwoman Knight reiterated her reasons in support of sending a Burlingame representative to attend the Congressional subcommittee meeting in Washington, DC. Vice Mayor O'Mahony expressed concern about being unable to find any substantial additional material to assist in changing the Federal government's position in this matter. She inquired about how a written statement is dealt with by the committee. She noted that she is unprepared to vote on the issue at this time. Mayor Harrison suggested Councilman Spinelli prepare a draft of proposed testimony based on the changes that have taken place since his last statement and bring it to the next council meeting for action. Councilman Spinelli agreed. Staff would also notify the Congressional committee to reserve a place for us to testify. Mayor Harrison directed staff to agendize this item for the next regular meeting. Councilman Spinelli indicated he would prepare his written presentation to the committee for council review and action at that time. NEW BUSINESS - none. 439 ACKNOWLENGMFNTS a. Commission Minutes: Beautification, January 4;Trafftc, Safety and Parking, January 11; Library Board, December 19 and January 16; Park and Recreation, January 18; Planning, January 22, 1996. b. Proclamation for the 75th Anniversary of the National Association of Retired Federal Employees (NARFE). c. I-etter from the Building and Construction Trades Council regarding prevailing wage laws. Mayor Harrison directed staff to place this item on the next council meeting agenda for action. d. Letter from Dr. and Mrs. Graham regarding teenagers and tobacco controls. e. Letter from Joe Cotchett regarding the building sign on 860 Burlway Road. Note from City Attorney. City Attorney stated he spoke with Mr. Crisafi. Mr. Crisafi indicated he would be preparing the paperwork for presentation to the planning commission. f. Letter from Marlene Juscen-Long regarding her fear of the large Eucalyptus trees on El Camino and Easton. Mayor Harrison suggested responding to her letter. g. Letter from Sandra Mangold suggesting no left turns be allowed from El Camino Real Mayor Harrison requested the traffic engineer acknowledge this letter. h. trtter from Stephen Streng regarding the towing of his vehicle parked in front of his apartment. Mayor Harrison requested staff respond to Mr. Streng's letter. i. trtter from Southern California Edison regarding deregulation of the electric industry. City Manager mentioned receiving information on joining ABAG's pool for gas purchase which council previously approved; he recommended caution in the matter of electricity. j. trtter from the Canons regarding an apartment house in the R-1 district. Note from City Attorney. k. Irtter from John Kelly requesting additional donation to the Winter Shelter. 44C Mayor Harrison directed staff to place this item on the February 21 council agenda. CLOSEN SESSION At 8:50 p.ffi., council adjourned to closed session to confer with the City Manager and City Attorney regarding existing litigation Burlingame v Hernandez; personnel matters with the Chief of Police; and labor negotiations with the Police Officers Association. Council returned to open session at 9:34 p.m.; no action was taken ANJOURNMENT IN MFMORY OF RUTH BROYER, OI GA T FMBT, AND FN SF{CF Mayor Harrison sadly noted the death of Ruth Broyer, mother of finance employee Val Terranova; Olga Lembi, mother of Walter Lembi and aunt of former councilmember Don Lembi; and Ed Seace, father of Mayor Harrison's son-in-law. After a moment of silence, the meeting was adjourned at 9:35 p.m Judith A. Malfatti City Clerk vmw