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HomeMy WebLinkAboutMin - CC - 1997.06.02BI]RLINGAME, CALIFORNIA June 2,1997 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the Cify 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 City Manager Dennis Argyres ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of May 19, 1997 were approved 4-0-1, Councilman Harrison abstaining because he was absent, after an addition on page 4 by Councilwoman Knight to show she asked that "copies of the 1997-98 budget be made available to the public and to candidates in the Bouisipal-el@li@." Mayor O'Mahony commented that this was an historic occasion, no one could recall inducting Fire and Police chiefs at one meeting. She recalled that Malcolm Towns and Fred Palmer had collectively served nearly 50 years with the City of Burlingame and they have done an excellent job. Mayor O'Mahony called Fred Palmer and Gary Missel forward. Retiring Police Chief Fred Palmer said he appreciated the honor of swearing in Gary with whom he has worked for 25 years; he said Gary is really deserving of the position of Police Chief; he administered the Oath of Office to Gary Missel. The mayor presented a new Chief's badge to Gary's wife Liz who pinned the badge on her husband. Chief Missel received an ovation from the crowd. Chief Missel thanked the council and city manager; he introduced family members present; he said it would be an honor for him to lead the finest police professionals in the State and he looked forward to serving the City of Burlingame in this new capacity. Mayor O'Mahony called Malcolm Towns and Bill Reilly forward. Retiring Fire Chief Malcolm Towns said it had been a pleasure knowing Bill for 15 years; he administered the Oath of Office to Bill Reilly. The mayor presented a new Chief's badge to Bill's uncle Vincent Reilly, a retired Fire Chief, who pinned the badge on Bill. Chief Reilly received an ovation from the crowd. Chief Reilly said he cared deeply about the city and looked forward to working with our excellent Fire Department; he appreciated the support of the city and his family; he introduced his family. 163 Mayor O'Mahony congratulated the new Chiefs and called for a recess at 7:15 p.m. to give everyone an opportunity to congratulate them. The meeting reconvened with all council members present at 7:30 p.m. RESOLUTION 41-97 EXTENDING THE CABLE TELEVISION FRANCHISE FOR UP TO SEVEN MONTHS TO JANUARY 31. 1998 City Manager reviewed his memo of May 27 which recommended council hold a public hearing and take action. One action recommended in his memo is to extend the franchise assumption by adopting Ordinance 1569; this will not be necessary because the transfer to TCI has been completed. The second action is to extend the cable franchise from June 24, 1997 to January 31, 1998 to allow for negotiation of a franchise renewal with TCI. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilwoman Knight moved to approve RESOLUTION 41-97 Extending the Cable Franchise to January 31, 1998. She mentioned this is a non-exclusive contract and her desire would be to be able to offer the San Bruno Cable Television system to our city, should that become possible; she noted she had received a number of calls with concerns about TCI, but that she had also heard some good things about TCI. Councilwoman Janney seconded the motion. Councilman Harrison said he would vote for this reluctantly because the negotiations were something in which he could no longer be involved when he retires from council in November. Mayor O'Mahony pointed out an error in the dates in the Resolution which the City Attorney will correct. The motion carried unanimously by roll call vote. PUBLIC COMMENTS Two representatives from TCI, Gregory Schacher and Alison Jenkin, came forward to introduce themselves. COMMISSION APPLICANTS AND A RESIGNATION FROM CIVIL SERVICE City Manager reviewed his memo of May 28 which recommended council select an interview team for the Library Board and schedule interviews for Monday June 16 prior to the council meeting. On May 19 Janet Galeno tendered her resignation from the Civil Service Commission. Council may wish to set a filing deadline for June 30 for this position. Mayor O'Mahony appointed Councilman Spinelli and Councilwoman Knight to interview the Library Board applicants on Monday, June 16, and set a deadline for June 30 for applications for the Civil Service vacancy. She asked Councilman Harrison and Councilwoman Janney to be the interview team for Civil Service. PROPOSAL FOR PEDESTRIAN ACCESS FROM THE NEW BURLINGAME AVENUE PUBLIC PARKING LOT TO THE LUCKY MARKET PARKING LOT The Public Works Director reviewed his memo of May 26 which recommended council review and give staff direction on a plan for a ramp proposed by the property owner of Lucky Market to provide pedestrian access between the two properties. At the last meeting William Weiman, property owner Burlingame City Council t64 Burlingame City Council of the Lucky site, requested council consider direct pedestrian access from the city lot to the Lucky lot. The architect has prepared drawings including a disabled accessible ramp and stairs at the northeast corner of the city lot. The proposal removes one proposed parking stall in the city lot. If council agrees with this concept, staff would prepare an agreement with the Lucky site owner for council approval with conditions that the city be compensated for the loss of one parking stall with a value of $42,000, that the Lucky owner provide an approved design and pay for the cost of construction for the pedestrian access with a separate bid item to identiff the actual construction cost; and that the Lucky site owner be responsible for maintenance and liability associated with that pedestrian access. Councilwoman Knight asked about future vehicular access to the Lucky parking lot. Staff responded that is an option which will be considered at a later date. Councilman Harrison asked if the applicants agree with the specifics of the conditions. Staff responded they had discussed them with the property owner. Councilman Harrison moved to approve this concept with an additional condition that the market owner be responsible for policing the lot daily to remove shopping carts, as suggested by Vice Mayor Spinelli. Seconded by Councilwoman Janney and carried unanimously. City Manager noted a formal agreement would be presented at a later meeting. APPEAL OF CONTRACTOR'S INVESTIGATION FEE FOR RAMADA INN REROOFING Public Works Director reviewed his memo of May 29 which recommended council consider an appeal by Roy Mayer of CAWC Waterproofing & Restoration and take action. A building inspector discovered that CAWC had completed approximately one-fourth of a reroofing project at the Ramada Inn without having obtained a building permit. The contractor was shut down and required to obtain a permit and pay an investigation fee imposed by the Chief Building Inspector. The investigation fee is prescribed in Section 18.07.110 of the crty code for work started without a permit. The code sets a charge of ten times the permit fee up to a maximum of $10,000. In the case of CAWC the investigation fee totals $7,500 in addition to the $750 building permit fee. A poll of other county cities reveals that most set an investigation fee of twice the permit fee. City Attorney related his concerns about Proposition 218 and that the city has not labeled this "fee" as a penalty; he recommended that ten times fee is too much and council might want to consider amending the ordinance. Roy Mayer was present and apologized for not getting a permit; he thought a penalty of $7,500 was too much Councilman Harrison said since 25 percent of the work was done he thought 25 percent of the original penalty fee equaling $1,875 should be paid and he so moved. Seconded by Councilwoman Janney. City Attorney asked if that fee included the $750 building permit fee, Harrison said yes. The motion carried unanimously. Mayor O'Mahony suggested we rework the fee ordinance to include some penalties. Burlingame City Council 165 a CONSENT CALENDAR RESOLUTION 42-97 AUTHORIZING APPLICATION FOR FUNDING FROM VARIOUS AGENCIES FOR COMPLETING THE BAYFRONT BICYCLE/PEDESTRIAN TRAIL BETWEEN AIRPORT BOULEVARD AND BAYSHORE HIGHWAY Public Works Director's memo of May 22 recommended council authorize staff to apply for funding from various agencies for completing the Bay Trail between Airport and Bayshore. In the meantime, staff is proceeding with preliminary engineering, surveying and right-of-way appraisals in order to bring the project to a "state of readiness" as this is a primary factor for agencies considering grant awards. RESOLUTION 43-07 AUTHORIZING AGREEMENT WITH UNIVERSITY OF CALIFORNIA FOR A STUDY DETECTING WOOD DECAY IN ELM AND EUCALYPTUS TREES City Manager's memo of May 28 recommended council authorize city participation in a study with Caltrans and UC Extension to review wood decay detection methods on elms and eucalyptus trees in Burlingame. It will require the removal and testing of 20 trees (10 from El Camino and 10 on Oak Grove adjacent to BHS). Both the city and Caltrans agree that the trees selected for the test should show external signs of decay and/or removal would have a minimal impact. If the testing method is valid it will be an important tool in developing a tree replacement plan for El Camino Real. The city share of the costs are not to exceed $7,684. c REJECT CLAIM OF CHRISTINA RAMIREZ City Attorney's memo of May 28, t997 recommended council reject this claim for auto damage she allegedly suffered in February t997. City Planner's memo of May 28 recommended council review and approve the commission proposed change in starting time for the regular meetings from 7:30 p.m. to 7:00 p.m. Councilman Harrison moved approval of the consent calendar. Seconded by Councilwoman Janney and carried unanimously. Councilwoman Knight asked about the tree study; staff assured her that all the trees planned for removal show signs of decay. COUNCIL COMMITTEE REPORTS Councilman Harrison attended the ALUC meeting. Councilwoman Janney attended CMAC. Mayor O'Mahony, along with Janney and Harrison, attended the Council of Cities meeting; she also attended County Finance Committee and the CCAG advisory committee. Councilwoman Knight went to the Junior Fire Marshal luncheon and Criminal Justice. She attended, as alternate, the Airport Roundtable. b Burlingame City Council 166 Burlingame City Council OLD BUSINESS Vice Mayor Spinelli said council recently received a memo about use of the Internet at the Library; today he went to look at the computer file for use at the Library and found it was gone, it had been deleted; he was told that it took too much computer capacity but noted there were other "junk" files that take much more room; he was upset that council was told files don't exist when they can be developed. City Manager said he has asked the Library to produce a "history of use list" for all of the council; the issue of privacy was discussed. NEW BUSINESS City Attorney reviewed two appeal letters, Ben & Jerry's, 1375 Burlingame Avenue, request for a sign exception and also the Airport Commission's application for a special permit for office, archive and art storage and preparation at 1766El Camino. A representative of the Airport, John Midener, said they had been ready to move into tlre site tomorrow but now will have to put off moving for another two weeks; the appeal is from the property owner who does not want to lose his "grandfathering" of office use at the site. Hearings were scheduled for the June 16 meeting. It was noted Councilwoman Janney would be absent from that meeting. Councilwoman Knight asked about status of a building site at 1704 Toledo which has been sitting idle for some time and is a candidate for weed abatement. She had also received a call from neighbor of the Otto Miller site about the seven foot setback and other problems at the building site. City Planner said the owners were required to have a survey done to confirm the side setback is correct. Councilwoman Knight told about a State Transportation Commission meeting and that BART will attempt to get "local share" funding from the state for utilities relocation; she noted it seems fairly certain they will not get federal funding; the Airport requires they build the Millbrae station before the Airport station. Councilman Spinelli said if BART should go forward without full funding the city should go forward with an injunction to halt the project. Councilman Harrison noted that Chief Palmer has sat through 426 city council meetings and wondered what he would be doing on Monday nights in the future. Chief Palmer said he and Chief Towns may recall the meetings in the back of their minds but they would be watching Monday Night Football or Melrose Place; he noted that they appreciated the support and backing they received from council. On behalf of himself and Chief Towns, he thanked council. Mayor O'Mahony said she had received a call from a group opposing additional clean air requirements and noted she had received a letter from them in her packet. She asked if council would like to take a position. Her understanding is that there is a small window of opportunity in which to write to the President with concerns. Staff suggested council members could write individually; since this is not on the agenda council cannot take formal action. Councilman Spinelli noted with the airport nearby we have a lot of particulate matter in the air over which we have no control so these new laws would impact this area. The Mayor asked that this be placed on the next agenda. ACKNOWLEDGMENTS Commission Reports: Parks & Recreation, May 15; Planning, May 27, 1997.a Burlingame City Council 167 c. d. b Irtter from Assemblyman Papan regarding his support of ACA 4 which returns some property tax to cities. Leffer from Colma Mayor requesting we oppose AB 158. Petition from The Cakery requesting they be allowed to have tables and chairs. Council noted that staff is looking at the status of all food establishments in areas where the number is limited; it remains to be seen what will be the result of this evaluation and any changes of use on Burlingame Avenue. e.Letter from Burlingame-Hillsborough newcomers Club regarding parking and parking meters Vice Mayor Spinelli asked when tlre crty would change over to two hour parking meters. Staffresponded the Traffic Commission will be considering that soon. Letter from Bob Lafontain of Meriden, Connecticut, regarding his experiences during a stay at the Burlingame Hotel. ktter from Michael Murdock complaining of problems at his aparffnent house and that he thought the city needed a stop sign at Floribunda and Primrose. Mayor O'Mahony asked that the Traffic Commission consider the issue of a stop sign at Floribunda and Primrose; council has received several similar requests. CLOSED SESSION At 8:26 p.m. council adjourned to a closed session regarding the claim of Je-Rita Jewelry [Government Code 54956.9 (bX2) and (b)(3XC)]. The meeting reconvened at 8:29 p.m. ADJOURNMENT IN MEMORY OF FRANK DONNELLY. SR.. DOROTHY BAACK AND ERNIE ANDREWS. COUNCIL MEMBER OF MILLBRAE Mayor O'Mahony noted this was an historic meeting with the appointment of two new chiefs and wished Fred Palmer and Malcolm Towns well. On a sadder note the mayor noted the recent deaths of Frank Donnelly, Sr, a retired 40 year employee of the city; Dorothy Baack, mother of city employee John Baack; and Millbrae Council Member Ernie Andrews. After a moment of silence in the memory of these three, the meeting was adjourned at 8:31 p.m. Judith A. f ob Burlingame City Council 168 City Clerk Burlingame City Council