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HomeMy WebLinkAboutMin - CC - 1997.07.21BI.JRLINGAME, CALIFORNIA July 21,1997 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 kd by Finance Director Rahn Becker ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: HARRISON, JANNEY, KNIGHT, O'MAHONY SPINELLI MINUTES The minutes of the Regular Meeting of July 7, 1997 were approved unanimously after changes on page 3: by Mayor O'Mahony, noting the second line should be "Iloo'rrer Roosevelt School" and by Councilman Harrison who added that he said, under the Internet discussion, "council had no authority to tell the library board what to do and even though we appoint we have no power to remove them. however we can determine whether to fund buildings. equipment and books: and he suggested the board consider concerns." PUBLIC HEARING - INTRODUCTION OF ORDINANCE 1570 ESTABLISHING THE 1997-98 WATER RATES The Finance Director reviewed his memo of July 8 which recommended council hold a public hearing and introduce an ordinance setting the 1997-98 water rates and base charges. These rates have not been increased since 1994. Over the next five years major capital improvements are planned for the water system. In addition, the San Francisco Water Department (SFWD) is projecting rate increases averaging 6-8 percent annually over the next five years. These increases are to finance major improvements to the SFWD Hetch Hetchy water system. The Public Works Director reviewed the major city water projects proposed. Staff have developed a five year plan for financing these increases. Because of Proposition 218, all water users were notified 45 days before this public hearing; noted if water was shut down during an emergency, the city currently has only 8 hours of water supply, these projects would increase our supply to two days. The mayor asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman Janney and carried 4-0-1, Vice Mayor Spinelli absent. Mayor noted Burlingame continues to have one of the lowest rates in the surround- ing area; also noted these are improvements that are invisible underground and taken for granted, but are of major importance. Councilman Harrison moved to introduce ORDINANCE 1570 Establishing r8t Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. the 1997-98 Water Rates. Seconded by Councilwoman Janney and carried unanimously 4-0-1 by voice vote. PUBLIC HEARING - INTRODUCTION OF ORDINANCE 1571 ESTABLISHING THE 1997-98 SANITARY SEWER USER RATES The Finance Director reviewed his memo of July 8 which recommended council hold a public hearing and introduce an ordinance setting the 1997-98 sanitary sewer user rates. The EPA requires that operation and maintenance costs for the city's sewer enterprise be paid from the sewer rate with a specific method for calculating the rate based on flow and loading. Proposition 218 requires that notice be sent to all property owners regarding any changes in utility rates at least 45 days before the public hearing. Such a notice was mailed on May 28, 1997. Proposed rates for single family residential increase 5 percent to $2.29. Commercial rates increase from 1.68 percent to 9.77 percent. It should be noted that commercial accounts pay 61 percent of the total sewer service charges. The Public Works Director told about a major sewer project, the California Drive Interceptor, which is required to increase sewer capacity. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. The mayor asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman lanney and carried 4-0-7, Vice Mayor Spinelli absent. Councilwoman Janney moved to introduce ORDINANCE 1571 Establishing the 1997-98 Sewer Rates. Seconded by Councilman Harrison who noted this rate increase is required by federal law. The motion carried unanimously by voice vote. PUBLIC COMMENTS Will McGowan,3T Lorton, discussed his support of a Bicycle Advisory Committee; would like to see it present a master plan for bicycles to the TSPC and to city council. He commented on Burlingame Avenue, that it seems to be a little cleaner now; told of witnessing two boys steal something from a delivery truck and how they were apprehended by police; thought kids such as this should be given orange t-shirts and made to sweep sidewalks for punishment, rather than going through legal system. He has seen lots of teens assembled on Burlingame Avenue recently; thought the tables and chairs with adult presence led to a better balance on the Avenue; he would like council to allow restaurants to serve alcohol at sidewalk tables" Two representatives from Assemblyman Papan's office were present and spoke to the letter from Papan listed under Acknowledgments, stating the Assemblyman did not intend to get involved in local issues, he was responding to a request from owners of The Cakery. (1) Moon McShane's P1rb,269 Primrose Road: City Attorney reviewed his memo of July 15 which recommended council review the permit and schedule another review in six months as recofirmended by the Police Department. Two standard conditions would be added. Councilman Harrison moved approval of the recommendation. Seconded by Councilwoman Janney and carried unanimously 4-0-1. Iuly 2t, 1997 *r s1 Burlingame City Council (2) Tavern Grill, 1448 Burlingame Avenue: City Attorney reviewed his memo of July 15 which recommended council review the permit and schedule another review in six months as recommended by the Police Department. Almost all the calls for service have been requests by Tavern Grill staff for assistance to avoid problems. One condition placed on the business was a 1:00 a.m. cutoff of alcoholic beverage service. He suggested this condition be amended to 1:20 a.m. as it is for others. Councilwoman Janney moved approval as recommended. Seconded by Councilman Harrison and carried unanimously. INTRODUCTION OF ORDINANCE 1572 AMENDING FEES AND ESTABLISHING PENALTIES ASSOCIATED WITH THE INDUSTRIAL WASTE DISCHARGE PERMITS PROGRAM FOR 1997-98. 1998-99 AND 1999-2000 Public Works Director reviewed his memo of July 11 which recommended council introduce this ordinance to revise fees and penalties associated with the Industrial Waste Discharge Program. In January 1984 council approved a fee schedule to recover costs associated with this program, the fees have remained the same since then. This program is required by the State as a condition of our National Pollution Discharge Elimination System permit (NPDES). The primary purpose of the program is to monitor industrial discharges to the sewer system and protect the city collection system and the San Francisco bay from destructive discharges which could result in violation of our NPDES permit. He suggested the fee increases be phased in over a three year period to avoid too great an increase at one time. The mayor asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman Janney and carried 4-0-1, Vice Mayor Spinelli absent. Councilman Harrison moved to introduce ORDINANCE 1572 Amending Fees and Establishing Penalties Associated with the Industrial Waste Discharge Permits Program. Seconded by Councilwoman Janney and carried unanimously 4-0-1. INTRODUCTION OF ORDINANCE 1573 ESTABLISHING TWO-HOUR PARKING ON SIDE STREETS OF THE BURLINGAME AVENUE BUSINESS DISTRICT Public Works Director reviewed the memo of July 14 which recommended council introduce this ordinance establishing two-hour parking on side streets of the Burlingame Avenue Business District. The TSPC reviewed this issue and recommended that the one-hour parking limit remain on the Burlingame Avenue frontage but side streets be converted to two hours. The handicap, yellow and green zones would be retained. Council discussed the meter charges for parking. Councilman Harrison said he could approve this change if the parking charge was 25 cents per hour on the side streets as well as Burlingame Avenue. Council concurred. The mayor asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman Janney and carried 4-0-1, Vice Mayor Spinelli absent. Councilwoman Janney moved to introduce ORDINANCE 1573 Establishing Two Hour Parking on Side Streets of the Burlingame Avenue Business District. Seconded by Councilman Harrison. The motion carried unanimously by voice vote. Burlingame City Council /qo6 July 21,1997 INTRODUCTION OF ORDINANCE 1574 ESTABLISHING THREE-WAY STOP SIGNS AT EASTON DRIVE AND COLUMBUS AVENUE Public Works Director reviewed the memo of July 14 which recommended council introduce this ordinance establishing three-way stop signs at the intersection of Easton Drive and Columbus Avenue The TSPC has reviewed a petition from 94 residents in the area and held a meeting at which 30 residents appeared in favor of this request. The commission recommends approval of the stop signs. Council acknowledged a resident who told council she lived in that area and was aware of the need for these stop signs. The mayor asked the clerk to read the title of the ordinance. Councilman Harrison moved to waive further reading of the ordinance. Seconded by Councilwoman Janney and carried 4-0-L, Vice Mayor Spinelli absent. Councilwoman Janney moved to introduce ORDINANCE 1574 Establishing Three Way Stop Signs at Easton and Columbus. Seconded by Councilman Harrison and carried unanimously. City Attorney reviewed his memo of July 17 which recommended council consider introduction or adoption of an ordinance that would establish voluntary campaign expenditure limitations. Proposi- tion 208 allows cities to establish an expenditure ceiling of no more than $1 per resident. Proposition 208 also sets mandatory contribution limits. If a candidate accepts the voluntary expenditure ceiling, they get the benefit of an increased contribution limit of $250 from $100. The ballot and ballot pamphlet will identify candidates who have accepted the ceiling. He presented two ordinances for consideration, one an urgency ordinance which takes a four-fifth vote to go into effect immediately; the other could be introduced tonight and adopted at the August 4 meeting. It takes a majority vote and would go into effect immediately because it affects an election under GC $36937. Councilman Harrison noted he brought this issue before council in order to give candidates an opportunity to raise a little more money for their campaign; this proposal supports Proposition 208 and the letter of the law. He would like to see it adopted. Councilwoman Knight said she had been willing to look at this proposal but she suspected Councilman Harrison proposed this because of the candidates he supports; she feared a $250 donation limit per person would shut out the average citizen's contribution; no candidate has ever raised $20,000 for an election in our city; South San Francisco, a much bigger city, has set a ceiling of $20,000; she would like to keep the $100 contribution limit and set an expenditure ceiling of $15,000. Councilwoman Janney commented that incumbents have an advantage over other candidates in that they have name recognition; difficult to generate campaign money; since council does not have 4 votes for the ordinance to be adopted tonight, she would support the other ordinance for introduction and adoption at the next meeting. Mayor O'Mahony said she had some reservations but could support either ordinance proposed; expressed concerns about the initiative process which produced Proposi- tion 208; she noted each council member has some valid points. Councilwoman Janney also noted that candidates are still required to disclose anyone who donates $100, even if we have a $250 per person donation limit. Councilman Harrison asked that our ordinance use the State population figure of 28,500. The mayor asked the clerk to read the title of the ordinance (attachment B). Councilman Harrison moved to Jtly 21, 1997 tql *-Burlingame City Council INTRODUCTION OF ORDINANCE 1575 ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR THE IO97 ELECTION CAMPAIGN FOR CITY OFFICE waive further reading of the ordinance. Seconded by Councilwoman Janney and carried 4-0-1, Vice Mayor Spinelli absent. Councilman Harrison moved to introduce ORDINANCE 1575 Establishing a Voluntary Campaign Expenditure Ceiling for the 1997 Election. The motion was seconded by Councilwoman Janney and carried 3-1-1 on roll call vote, Councilwoman Knight voting no and Vice Mayor Spinelli absent. City Attorney commented on the status of the federal lawsuit on Proposition 208. He said that this ordinance would require candidates to accept or reject this ordinance no later than August 13 or prior to accepting a campaign contribution. He also noted copies of the staff report were mailed to each person who has taken out candidate's papers. SCHEDULE JOINT MEETING WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT BOARD OF TRUSTEES TO DISCUSS THE BURLINGAME HIGH SCHOOL AqUATIC CENTER City Manager reviewed his memo of July 16 which recommended council schedule a joint meeting with the school board on August 7 at 6:30 p.m. before the board's regular meeting. Since the staff report was written, the school board has suggested meeting earlier at 6:00 p.m. Some council members had conflicts and asked the manager to see if the school board could meet on August 4 before the next council meeting at 6:00 p.m. or possibly at 8:00 a.m. some morning. Councilwoman Knight noted her conflict of interests in that she lives next to this swimming pool site. City Attorney said she could attend the meeting and comment as a member of the public but could not participate as a council member. ADDITIONAL TEMPORARY LIGHTING AT BAYSIDE PARK SOCCER FIELD City Manager's memo of July 16 noted that Mayor O'Mahony has asked that council discuss the feasibility of adding temporary lighting to Bayside Park for soccer use this coming season. A March 1997 cost estimate for permanent lighting for the soccer area was $76,000; he also noted that it would take 6-8 weeks to order this equipment, so it was unlikely that the lights could be installed in time to be of use during the fall season. Mayor O'Mahony read the letter each council member had received from AYSO. Mike Bader, a coach with AYSO for 10 years, reviewed the number of children who use this athletic program, their need for more places to play; only about 10 percent of the kids are not residents. In response to council, City Manager said these funds could be moved from somewhere else in the budget like the bike path funding which project has been delayed; the upgrading of Bayside Park is at least 12-18 months away. Councilman Harrison noted the city is not abandoning the bike path, just delaying it. Councilman Harrison moved to direct a budget amendment to transfer $75,000 in funds from bikeways to soccer lights. Seconded by Councilwoman Janney and carried unanimously 4-0-1. CONSENT CALENDAR RESOLUTION 55-97 ACCEPTING COMPLETION OF FIRE STATION 36 SEISMIC AND MECHANICAL UPGRADES - CP 9422 Public Works memo of July 14 recommended council approve a resolution accepting the Fire Station 36 seismic and mechanical upgrade project in the amount of $250,306.04. a Burlingame City Council t ?",luly 21,1997 e b c RESOLUTION 56-97 AUTHORIZING SECOND AMENDMENT TO THE FRANCHISE AGREEMENT WITH BFI FOR WASTE COLLECTION SERVICES Finance Director's memo of June 17 recommended council approve a resolution to authorize an agreement extending the deadline for notice of termination to June 30, 1998. The South Bayside Transfer Station Authority is studying the feasibility of acquiring the San Carlos Transfer Station, Recyclery and related facilities in an effort to reduce costs for taxpayers. Extending the deadline for termination will allow the Authority time to complete the analysis. RESOLUTION 57-97 AUTHORIZING OUIT CLAIM DEED FOR ALLEY ABANDON- MENT AT 15OO EASTON DRIVE Public Works memo of July 16 recommended council approve a resolution authorizing a quit claim deed to abandon a ten-foot wide alley (one-hundred feet long) within the property at 1500 Easton Drive. RESOLUTION 58-97 AUTHORIZING AGREEMENT WITH BURLINGAME ELEMEN- TARY SCHOOL DISTRICT FOR MAINTENANCE OF FRANKLIN SCHOOL AND BURLINGAME INTERMEDIATE SCHOOL ATHLETIC FIELDS City Manager's memo of July 14 recommended council approve agreement with school district for maintenance of Franklin and BIS athletic fields for 1997-98. The estimated cost for main- tenance of both fields is $13,844 a year. The school district is funding $3,532 of this amount. RESOLUTION 59-97 AUTHORIZING TRANSFER OF APPROPRIATIONS FOR THE 1996-97 BUDGET Finance Director's memo of July 15 recommended council approve transferring $83,500 to various departments. The departments and amounts are: City Council, $1,700; City Manager, $6,200; City Clerk, $3,700; City Attorney, $27,900; Personnel, $22,000; and Fire, $22,000. The adjustment is proposed to be covered by an unspent balance of $28,500 in the non- departmental budget and $55,000 from the unreserved fund balance. AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN LANDGATE VS CALIFORNIA COASTAL COMMISSION City Attorney's memo of July 15 recommended council authorize the city attorney to join in amicus curiae brief before the California Supreme Court in lnndgate vs California Coastal Commission. g. REJECT CLAIM OF CARLITO JENNINGS City Attorney's memo of July 7 recommended council reject this claim for vehicle damage submitted by Carlito Jennings. d f tq1 IIuly 21, 1997 Burlingame City Council h. I j k APPROVAL OF TENTATIVE CONDOMINIUM MAP FOR A FOUR UNIT CONDOMIN- IUM AT 38 LORTON AVENUE Public Works memo of July 15 recommended council concur with the Planning Commission and approve the tentative condominium map. APPROVAL OF TENTATIVE CONDOMINIUM MAP FOR A FOUR UNIT CONDOMIN- IUM AT 1408 EL CAMINO REAL Public Works memo of July 16 recommended council concur with the Planning Commission and approve the tentative condominium map subject to conditions. ENCROACHMENT PERMIT FOR CEMENT STONE RETAINING WALL AND WOOD PICKET FENCE AT 4OO BAYSWATER AVENUE Public Works memo of July 14 recommended council approve an encroachment permit subject to usual conditions. NUTRITION PROGRAM Parks and Recreation Director's memo of July 17 recommended council approve a change in the operation of the biweekly senior nutrition program conducted by the city for L997-98. City staff will operate the program and contract for food service without any County or Federal Government subsidy or reporting requirements. Program and senior contributions would remain the same and the annual cost to the city would be reduced $915. I. WARRANTS AND PAYROLL Finance Director recommended payment of Warrants 52838 - 53389, duly audited, in the amount of $1,797,295.25, Payroll Checks for the month of June 1997 in the amount of $1,054,344.51, and Electronic Fund Transfers for June 1997 in the amount of $276,743.07. Councilwoman Janney moved approval of the consent calendar. Seconded by Councilman Harrison and carried unanimously 4-0-1. COUNCIL COMMITTEE REPORTS Councilwoman Janney attended a CMAC meeting. Councilwoman Knight attended the kgislative Committee meeting and Criminal Justice. Mayor O'Mahony went to CCAG with Councilwoman Janney and a CCAG subcommittee meeting; attended the grand opening of our new Gymboree store. OLD BUSINESS Councilwoman Knight mentioned the Menlo Park resolution in support of the Caltrain downtown extension, she wondered if our city could do something similar. Staff will put it on the next agenda. Burlingame City Council /?l July 21,1997 a. NEW BUSINESS Mayor O'Mahony scheduled an appeal hearing on August 4 for a two variances at 1506 Vancouver. Councilman Harrison recognized reporter Krista Haslett from the Boutique & Villager newspaper who was moving away. Council wished her well. Krista introduced the new reporter Ann Kim. ACKNOWLEDGMENTS Commission Reports: Broadway BID, June 10 and July 8; Library Board, May 20 and June 17; Planning, July 14, 1997. Department Reports: Building, June 1997; Police, June 1997. ktter from Karin Karamitas regarding noisy leaf blowers. Letter from Sue Osborn regarding the proposed dog park. Letter from Assemblyman Papan proposing change to the definition of food establishments f. Letter from Anne LeClair thanking police for assistance after a burglary g. Petition requesting council allow alcoholic beverages to be served at sidewalk tables Councilman Harrison recalled when former council member Frank Pagliaro introduced this concept; recalled when problems began to arise from congestion and we passed an ordinance regulating en- croachment permit abuses to be enforced only on complaint and at the same time the police depart- ment began enforcing the no-alcohol law; customers have asked this be allowed; he hoped we could find a legal way to allow this. Councilwoman Knight agreed but would like the restaurants to take responsibility for behavior of their customers; concerned when a restaurant uses the sidewalk as an outdoor cocktail lounge; also concerned about the crowding caused by newsracks and tables at La Pinata. Councilwoman Janney said restaurants should treat customers outside just as they do those inside. City Attorney would draft language for council to consider and would also like to discuss with restaurant owners prior to introducing; concern is to be sure the ordinance is fully enforceable. The Mayor asked the Police Chief to comment on SB 500 - Saturday Night Specials. He said these guns are unreliable weapons which are dangerous to own; he agreed with proposed legislation to prohibit such weapons. Council concurred and would write a letter in suppoft. Mayor O'Mahony thanked the Public Works Depaftment for the street improvements on Broadway. ADJOURNMENT The meeting was adjourned at 8:56 p.m Judith A. Malfatti City Clerk b. c. d. e. July 21, 1991 tq5 ' Burlingame City Council