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HomeMy WebLinkAboutMin - CC - 1997.05.05BI.]RLINGAME, CALIFORNIA N,Iay 5, L997 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 7:00 p.m. by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mary Herman Armstrong, Library Board President. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of April 23, lgg7 were approved unanimously after Councilman Harrison added o, pugi 5, third paragraph, "the bicycle committee proposal be agendized at a study meeting. " Mayor O'Mahony delayed presentation of the Tourism Week Proclamation until arrival of a represen- tative from the Convention Bureau. The City Manager reviewed his memo of April 29 which recommended council hold a public hearing and adopt a resolution setting the L997-98 assessments for the Broadway BID. on April 7 council adopted a resolution of intention to set the lggT-98 assessments and scheduled the public hearing for fvfay S. If there is a protest by a majority of the value of assessments the resolution cannot be appioved. We have received no protests by mail, but they can be presented in writing at the hearing. Rpprori.utely $24,000 in assessments is collected annually with the business licenses. All these funds are forwarded to the BID for improvements authorized by the BID Board of Directors. Our current BID has a sunset clause for June 30, 1998. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison noted Exhibit A lists projects for the BID, one of which is "Remove Parking Meters.,, Since council is using parking *.t.r income to fund streetscape improvements he suggested and council concurred that item be removed. With that change, Councilman Harrison moved approval of RESOLUTION 34-97 Establishing the Broadway BID Assessments. Seconded by Councilwoman Janney and carried unanimously by roll call vote. Mayor o'Mahony congratulated BID representatives in the audience. May 5,1997 is$Burlingame City Council PUBLIC COMMENTS Phillip Armstrong, 214 Arundel, appreciated council considering a Bicycle Committee and indicated strong support among cyclers in the area. After reviewing the city code listed duties of the Traffic Commission he saw they were not authorized to act on cycling issues; he was also concerned that one person appointed to such a body could not represent all the cycling interests in the city. He distrib- uted papers on other cities' bike committees, the amount of staff time needed to support such a committee and on bicycle lane/path funding opportunities. Luigi Laurenti, 1500 Howard, along with two other residents of his condominium building, referred to the petition listed under acknowledgments and the residents' need for relief from the noise caused by a neighbor's chickens. The neighbor had a rooster but have not heard it in a few days, perhaps the neighbor ate it. He played a tape recording of chicken noise and thanked staff for their help. Jerry Deal , 1228 Paloma, commented on the asphalt patching of sidewalks in Broadway business district. The patching may have helped to eliminate tripping hazards, but it does not look good. He urged council members to take a walk in that area and look at it. PRESENTATION OF A PROCLAMATION FOR 'TOURISM WEEK'' The City Manager reviewed his memo of April 28 which informed council that we have received acceptance of the promotion offers made to our new police chief and fire chief. The new police chief will be Gary Missel and the new fire chief William Reilly. Both appointments will be effective June 9,1997. A swearing-in ceremony is planned for our June 2 city council meeting. Both appointees were present and received an ovation from the audience. RESOLUTION 35-97 AWARDING CONTRACT FOR 1997 STREET RESURFACING AND WAIVING MINOR DEFICIENCY - CP 9645 Public Works Director reviewed his memo of April 29 which recommended council approve the resolution waiving a minor deficiency and awarding the contract to O'Grady Paving of Mountain View in the amount of $471 ,392.20. Bids were opened on April 29 and eight bids were received. The low bidder, O'Grady, did not submit Addendum No. 2 with their bid. The contractor indicated that they did receive the addendum but forgot to attach it with their bid. The city received a signed addendum from O'Grady about 45 minutes after the bid opening. The second low bidder, Archibald Paving, has protested that O'Grady be disqualified for this minor deficiency and that the project be awarded to them. The city attorney has reviewed the situation and concluded the council may waive the deficiency because it is minor in nature, resulting in a maximum potential increase in cost of under $1,000 as compared to a $23,000 difference in bids between O'Grady and Archibald. Based on this, staff recommended council waive the minor deficiency and award to O'Grady. Burlingame City Council r49 May 5, 1997 Mayor O'Mahony noted the presence of Marc Chapdelaine, Executive Director of the San Mateo County Convention and Visitors Bureau. He came forward to receive a proclamation for Tourism Week, May 4-10, 1997 , which notes the importance of the tourism industry to our city. Chapdelaine thanked council and noted the Bureau's appreciation of council's support and leadership. APPOINTMENT OF POLICE CHIEF AND FIRE CHIEF Mayor O'Mahony said she hoped to see an explanation coming from Public Works regarding the cornments about patching sidewalks in the Broadway business area. Councilman Harrison moved to adopt RESOLUTION 35-97 Awarding the Contract and Waiving the Minor Deficiency. Seconded by Councilwoman Janney and carried unanimously. ALTERNATIVE FUNDING SCENARIOS FOR THE COMMUTER AND MID-DAY SHUTTLE City Manager reviewed the Finance Director's memo of April 29 which reviewed status of past funding and possible future funding sources for the shuttle bus" (1) Measure A Funds: The Transportation Authority has not yet opened an application process and may change the selection process to a competitive call for projects or "authorizing expenditure of TSM funds on projects that accomplish TSM objectives... " (2) AB 434 Funds: For the past three years, the city has received a per capita allocation of AB 434 funds totaling about $30,000 per year. This has all been applied toward cost of the shuttle. This allocation process has been discontinued. Funds will now be allocated on a competitive basis based on the mathematical model used by the Air Resources Board. (3) Other possibilities: CalTrain JPB has elected to call for shuttle application from employers. Our shuttle fits their guidelines well and we might receive 75 percent of the cost of the commuter portion of the shuttle, or approximately $65,000. The status of these funds will not be known for another month or so. The city might get full funding, or it might get none in which case the shuttle, if continued, would add another $115,000 cost to the city. LIBRARY INTERNET POLICY City Librarian reviewed his memo of April 30 which recommended council review the current policy urd th" proposed revision to that policy. At the last meeting, council requested information on use of the Internet at the library and inappropriate and objectionable uses. He recommended an addition to the current Internet policy to state "..the Library asks...you exercise judgement in what you view on the public workstations. If what you view causes discomfort to others, staff may intervene." Councilman Harrison asked what the offending person had been viewing that caused the problem. Librarian responded he did not see it himself but understood the man was viewing nude pictures. Vice Mayor Spinelli was really bothered that there is total access to the Internet which allows inappropiiate use in the library, he noted there is software available to control such use; he did not believe in censorship, but this person was using city resources; believed we need a much more comprehensive poliiy; we have an obligation to protect our children; would like to have a listing of web sites visited over a 30 day period; he suggested restricting a couple machines for children and leaving one machine for access by adults which would not interfere with first amendment rights; like to havi some restrictions on access; we have limitations on the type of periodicals the library offers, why not limit access on computers. Police Chief said there is a device that can be installed over a monitor to preclude anyone other than the operator from seeing the screen. Kris Cannon, Library Board Trustee, believed the proposed change to our policy is good and should be given a chance; this incident was only one adult patron, the Internet is in use almost constantly and that was the only person who misused it; using a software program to control use is not practical; defining pornography ir ,.ry difficult. Councilwoman Knight was concerned about a female library worker having to confront such a person. Councilman Harrison asked where this policy would be posted and suggested highlighting the new additionto the policy; he also suggested adding wording "...staff may intervene and/oi ask you to leave the library. " Councilwoman Janney agreed, if after a period of time it is not working then we can make further changes. City Attorney responded to council about first amend- May 5,1997 150 Burlingame City Council b ment rights; noted there are two issues, an individual using the Internet inappropriately and protecting children from viewing such inappropriate use. A majority of council concurred on trying the new policy with the added wording suggested by Councilman Harrison and would like to see a list of web sites visited. Mayor O'Mahony thanked the Library Board members for being present and suggested the machines be located so their use can be monitored by staff. CONSENT CALENDAR Councilwoman Knight removed item "c" regarding lot combination at 1500 Easton a USE OF NEW LIBRARY BUILDING FOR A LIBRARY FOUNDATION EVENT City Librarian's memo of April 29 recommended council consider the Library Foundation's request to use the reconstructed library building for a fundraising event on Saturday, Septem- ber 27, 1997. This would be an invitation only event taking place during the "training week" at the new library building. REJECT CLAIMS: (1) ANGELITA GARROVILLO: (2) HARTFORD INSURANCE (poRoTHEA COCKCROFT) City Attorney's memos of April 17 recommended council reject these claims for (1) a sidewalk fall at Embassy Suites Hotel and (2) an auto accident. RESOLUTION 36-97 APPROVING LOT LINE ADJUSTMENT AT 577 AIRPORT Public Works memo of April 29 recommended council concur with the Planning Commission and approve the requested lot line adjustment at 577 Airport. e ENCROACHMENT PERMIT FOR BLOCK WALL AND FENCE AT 27OO HILLSIDE Public Works memo of April 29 recommended council approve this permit for a concrete block retaining wall and fence subject to standard permit conditions. Councilman Harrison moved approval of the consent calendar except item "c. " Seconded by Councilwoman Janney and carried unanimously. REMOVED CONSENT ITEM TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION. 15OO EASTON c d c Public Works memo of April 30 recommended council concur with the Planning Commission and approve the map for lot combination as requested by the First Presbyterian Church. Burlingame City Council 151 May 5,1997 Removed. Councilwoman Knight said she belonged to this church and has contributed funds to build the project that requires this lot combination, she wondered if that was a conflict of interest issue. City Attorney said no. Councilwoman Knight moved approval of the lot combination. Seconded by Councilman Harrison and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Harrison said he and Councilwoman Janney attended the Progress Seminar, it was an good event, Councilwoman Janney was one of the presenters; he also attended Congressman Lantos' Town Meeting held at our city hall last Saturday. Councilwoman Knight attended the Peninsula Division League of California Cities meeting and was very impressed with the Santa Clara County Transportation Authority. Councilwoman Janney attended CMAC, as well as the Progress Seminar mentioned earlier. Mayor O'Mahony received a number of calls about a large apaltment house going up, perhaps the city should have some review line for density. NEW BUSINESS Mayor O'Mahony scheduled an appeal hearing on May 19 for a two variances at 111 Central. Councilman Harrison noted the late adjournment time of Planning Commission meetings and directed the commission begin its meetings at 7:00 p.m. Mayor O'Mahony suggested they consider not taking any new items after a stated time such as 10:30 p.m. Council concurred. City Attorney and City planner informed council that because of the commission's rules of procedure, they could not take action on this issue immediatelY. Councilwoman Knight indicated support for putting the bicycle committee proposal on a study agenda, we should utilize the expertise of these cyclists offering to help; perhaps we can make bicycles an ad hoc committee as part of another commission. She also discussed the Park & Recreation Commission's "wish list. " Mayor O'Mahony mentioned she and Councilman Harrison had toured the library project. It's magnificent and she thanked the library staff, Board and Foundation for their continuing efforts. Councilman Harrison noted that the time has arrived for candidates to begin fund raising for the upcoming city council election in November; he has given of himself for many years in the political scene and was proud to have the opportunity to serve the city and the county for many years, he has served as County Supervisor, Council Member, Planning Commissioner, Library Board Member, and Civil Service Commissioner. He announced he will not run for election in November' ACKNOWLEDGMENTS a. Commission Reports: Park & Recreation, April 17; Planning, April 28, 1997. b. Letter from Assemblyman Frusetta asking support of AB 207 rcgarding privacy of victims and witnesses. May 5, 1997 L52 Burlingame City Council d e c Two letters from the Foster City mayor regarding the San Francisco International Airport's noise variance. Staff noted several other letters regarding the Airport and the Roundtable MOU and that issue would be coming back to council at a future meeting. Letter from Grant Bullis, Boy Scout Troop 10, requesting a skating park Petition from residents of 1500 Howard requesting relief from noise caused by chickens at an adjacent house. Proposal for a Bicycle Advisory Committee with note from City Manager suggesting appoint- ment to Traffic Commission or increased participation in the CCAG Bicycle & Pedestrian Committee. City Manager said the May study meeting will be canceled, so the bicycle issue will go on the June shrdy agenda. Letter from R.R. Miller regarding lack of a tree next dooroE h I Letter from Airport Roundtable Chairman Kelly with proposed amendment to the 1981 Roundtable MOU. Agenda for the Joint City/Caltrans Public Forum about El Camino trees on May 14 at City Hall, 7 p.m. j. Letter from Malcolm Dudley requesting support of his reappointment to LAFCo Council members indicated their support of Dudley's reappointment and agreed with Dudley's concerns about additional county appointments to LAFCo. ktters from San Francisco Airport Director Martin and from Roger Chinn regarding Chinn's appointment as liaison representing the Airport at the Airport Roundtable. Councilman Harrison mentioned the recent death of a prominent citizen and good friend, John Raiser, and another friend, Sharon Rogers, who was a Teaching Assistant at Burlingame High School and a Planning Commissioner for San Mateo. Mayor O'Mahony sadly noted the recent death of Mike Sexton a long-time resident of Burlingame. After a moment of silence in their memory, the meeting was adjourned at 8:25 p.m Judith A. Malfatti City Clerk f k Burlingame City Council 153 May 5, 1997 City Attorney said he wrote to the offending neighbor.