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HomeMy WebLinkAboutMin - CC - 1998.01.05BI,JRLINGAME, CALIFORNIA January 5, 1998 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 Spinelli. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Finance Director Rahn Becker. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, SPINELLI O'MAHONY MINUTES The minutes of the Special Meeting of November 25, 1997, were approved after Mayor Spinelli noted correction on page 2,4h parugraph, 3'd line, should read ".,.Fran Chilcote...", and in the /d line, "...his wife, Ro..." The minutes of the Regular Meeting of December l, 1997, were approved after correction on page 4, 2"d paragraph, 7* line, to read " ...pedophiles..." The minutes of the Special Meeting of December 15, 1997 , were approved after Vice Mayor Janney noted a correction on page 2,3'd paragraph, to read "We are not ready to approve the city/Rural Metro or city/AMR proposal at this time." PUBLIC HEARING - ADOPTION OF ORDINANCE 1584 REVISING FOOD ESTABLISHMENT REGULATIONS TO LIMIT THE TRANSFER OF EATING ESTABLISHMENTS IN THE BURLINGAME AVENUE -SUBAREA A'' AND THE BROADWAY COMMERCIAL AREAS AND TO CLARIFY THE END OF SUCH USE The City Planner reviewed her memo of December 12 which recommended council hold a public hearing and take action on the proposed changes to the current regulations on food establishments in Subarea A and on Broadway. On December l, t997 the council reviewed the Planning Commission's recommendation that the current regulations for food establishments be modified to (1) not allow transfer of such businesses to another site; and (2) not allow an increase in size of existing food establishment businesses. The commission also recommended they undertake a study to determine how food establishments could be grouped based on the extent of their impact on the adjacent retail area. If approved, the ordinance would take affect in 30 days. Councilman Galligan inquired about the effect this ordinance would have on The Cakery establishment; city planner replied none. Councilwoman Knight asked about the subsequent study timeline. 266 Mayor Spinelli opened the public hearing. Alex Turk, representative of Assemblyman Papan's office, spoke on behalf of the owners of The Cakery and presented council with copies of San Francisco codes expressing a desire to retable the concerns of The Cakery. The hearing was closed. Councilwoman Knight moved to approve the recommendation and to take action on the proposed changes to the current regulations removing the clause that had expired, by not allowing transfer of food establishments to another site, and not allowing the increase in the size of existing food establishment businesses. The motion was seconded by Vice Mayor Janney and approved 4-0-1 by roll call vote, Councilwoman O'Mahony absent. PUBLIC HEARING - ADOPTION OF ORDINANCE 1585 PROHIBITING PARKING BETWEEN 12 MIDNIGHT AND 6 A.M. ON THE EAST SIDE OF CALIFORNIA DRIVE BETWEEN OAK GROVE AND SANCHEZ The Public Works Director reviewed his memo of December 22 which recommended council hold a public hearing and take action. This ordinance would prohibit parking between midnight and 6:00 a.m., effectively prohibiting overnight parking. Councilwoman Knight asked about the location. Vice Mayor Janney inquired about the potential liability of the eucalyptus trees in the area; city attorney responded. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. Vice Mayor Janney moved to recommend adoption of ORDINANCE 1585. Seconded by Councilman Galligan and carried unanimously by roll call vote 4-0-l; Councilwoman O'Mahony absent. PUBLIC COMMENTS Vice Mayor Janney welcomed her colleague on the San Mateo Union High School District Board of Trustees, John Gregory. Mr. Gregory announced he was recently appointed by the SMUHSDBT to attend city council meetings as liaison. Allan Ild, 116 Grand Boulevard, San Mateo, commented on the interior color scheme of the newly reconstructed library. Will McGowan, S'7 Lorton Avenue, commented on the condominium project at 1520-1524 Floribunda and requested council consider encouraging undergrounding of utility lines in this area of infill residential development to permit natural growth of street trees/vegetation at this location. Keith Kutner, 11 East Carol Avenue, requested council consider undergrounding BART through Burlingame; commented on pedestrian/bicycle cycle timing on traffic signals at intersection of El Camino Real/Baysw ater I CarcUCypress. Howard Page, 111 Central Avenue, thanked council for the newly constructed library. COMPREHENSIVE FINANCIAL REPORT FOR 1996-97 FISCAL YEAR Finance Director reviewed memo of December 10, t997 , which recommended council accept the report. The Audit Committee, consisting of Council Members O'Mahony and Galligan, met with the Burlingame City Council 267 January 5, 1998 City Manager, Senior Accountant, auditors and Finance Director to review the draft audit and financial statements. Once again, the city received a "clean" audit report and no management letter prescribing any procedural corrections. He complimented Senior Accountant Linda Lee who pulled double duty during the audit period because of the turnover of six positions in the Finance Depart- ment. Councilwoman Knight thanked Senior Accountant Linda ke for her service above-and-beyond the call of duty and praised the Finance Director and his staff. Vice Mayor Janney concurred with Councilwoman Knight and noted the financial report was a very user-friendly document. BART REQUEST FOR AN AGREEMENT City Manager recoflrmended this item be held over to another meeting where there would be a fulI council present. Council concurred that the item be continued to the regular council meeting of January 20, 1998. (UREFTNANCTNG OF 1991 CERTTFTCATE OF PARTTCTPATTON (COP) rSSUE FOR WASTE- WATER TREATMENT PLANT IMPROVEMENTS - (2) RESOLUTION 1-98 OFFICIAL INTENT INDEBTEDNESS - (3) RESOLUTION 2-98 AUTHORIZING CITY MANAGER TO SIGN AGREEMENT FOR FINANCIAL ADVISORY SERVICES Finance Director reviewed his memo of December 22 wlich recommended council (1) authorize staff to proceed with development of documents and recommendations associated with refinancing the 1991 COP issue; (2) approve the resolution permitting reimbursement of Sewer Interceptor project costs with bond proceeds; and (3) approve the resolution authorizing the city manager to sign the agreement with Dain Rauscher to serve as financial advisor for the refinancing of COPs. In 1991 the city issued $14,430,000 in certificates of participation to finance required improvements to the wastewater treatment plant. Our financial advisor for that issue, Dain Rauscher, has been monitoring the steady decline in interest rates and has advised the city that the current market has reached a point where it is cost effective for the city to refinance the debt issue. In addition, the city has just awarded a contract for construction of the sewer interceptor on California Drive which is partially funded by a $3 million loan from the general fund. With the favorable interest rate in the current market, it would be possible to increase the size of the refinancing issue by $4 million to pay for the interceptor project, freeing general fund cash. Adopting the resolution does not obligate the city to this debt, additional action would be recommended within the next three months. Dain Rauscher has submitted a proposal to serve as financial advisor for the sum of $25,000 plus expenses payable only if the refinancing is completed. Payment would be made from debt proceeds. Councilman Galligan questioned the timetable of the process. Vice Mayor Janney moved authorization for staff to proceed with the development of documents and recommendations associated with the refinancing of the 1991 COP issue. The motion was seconded by Councilman Galligan; carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. Vice Mayor Janney moved approval of RESOLUTION 1-98 permitting the reimbursement of sewer interceptor project costs, Project 76090, with bond proceeds. The motion was seconded by Council- man Galligan; carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. Vice Mayor Janney moved to approve RESOLUTION 2-98 authorizing the City Manager to sign agreement with Dain Rauscher to serve as financial advisor for the refinancing of the COPs. The motion was seconded by Councilman Galligan and carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. January 5, 1998 268 Burlingame City Council INTRODUCE ORDINANCE 1586 - THE 1997 ZONING CODE UPDATE City Planner reviewed her memo of December 19 which recommended council introduce this ordinance making corrections to Chapter 25 zoning regulations as recorlmended by the Planning Commission. Mayor Spinelli commended the planning staff and commission for a job well done on the project. Mayor Spinelli asked the deputy clerk to read the title of the ordinance. Vice Mayor Janney moved to waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously. Vice Mayor Janney moved to introduce ORDINANCE 1586. Seconded by Councilwoman Knight and carried unanimously, 4-0-1. Mayor Spinelli directed the city clerk to publish a sulnmary of the proposed ordinance prior to proposed adoption. STREETSCAPE PROJECT AT WELLS FARGO BANK. 1145 BROADWAY Public Works Director reviewed his memo of December 23 which recommended council review the design for the streetscape project and provide comments. This is the first demonstration project for the Broadway Streetscape Master Plan and will replace sidewalk and landscaping along Broadway and Chula Vista adjacent to the Wells Fargo Bank. The project includes new buff-colored sidewalks and driveways, new trees in tree grates with irrigation, and curb and gutter replacement. Wells Fargo has agreed to share the expense ofthis project. Councilman Galligan asked if removal of Broadway parking previously approved was included in the report. Councilwoman Knight inquired about the selection of the Chinese Hackberry tree and expressed concern that the tree may grow to become a nuisance since it drops berries; will they stain sidewalks or create a tripping hazard. Public Works Director will research the potential problems of such tree and, if a problem, consider replacing with a less troublesome tree. Mayor Spinelli commented on the replacement of a 12" diameter tree with a2" tree. Council requested trees be replaced with as large a new tree as is viable and feasible. JOINT CITY COUNCIL/LIBRARY BOARD MEETING City Librarian reviewed his memo of December 19, 1997 which suggested the joint meeting take place on Tuesday, February 17, 1998 at 4:30 p.m. in the Library's Lane Community Room. The Board of Trustees recommended that the meeting include a professional facilitator and technical expert. Councilwoman Knight commented about the need for a technical expert and asked if the joint meeting would be open to the public. City Librarian responded. Councilman Galligan inquired about the use of a facilitator at this stage of process. Vice Mayor Janney noted that it may be more productive to determine outcomes at the conclusion of the joint meeting. Mayor Spinelli concurred with Council- man Galligan and Vice Mayor Janney" Councilwoman Knight inquired about the posting procedure of a special meeting. City Attorney responded. Councilman Galligan moved to schedule a special joint meeting of the Library Board and City Council in the Lane Community Room at the library on February 17, 1998, at 4:30 p.m. Seconded by Vice Mayor Janney, the motion carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. Burlingame City Council 269 January 5, 1998 COMMISSION APPOINTMENTS AND SCHEDULE INTERVIEWS City Manager's memo of December 30, 1997 recommended council either make appointments or schedule interviews for the Beautification Commission and the Civil Service Commission. There are five applicants for two position on Beautification and two applicants for three position on Civil Service. Council scheduled interviews before the January 20 meeting for Beautification; council members Janney and O'Mahony to conduct the interviews. Councilwoman Knight felt the one application for the Beautification Commission which was submitted late should not be considered with those submitted on time. She noted that incumbent commissioners should be included in the interview process as suggested by former commissioner Don Roberts in his letter to council which had some good points. Councilman Galligan moved to re-appoint incumbents Gerry Hipps and Doug Schwartz to the Civil Service Commission. The motion was seconded by Vice Mayor Janney and carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. Council directed staff to extend the application period for the third vacant Civil Service seat until Monday, February 9, 1998. Councilman Galligan moved to interview the five applicants for the Beautification Commission. Seconded by Vice Mayor Janney; the motion carried 3-1-1, Councilwoman Knight voting no, Councilwoman O'Mahony absent. CITY COUNCIL SALARIES City Manager reviewed his memo of December 16, 1997. Recently Councilman Galligan asked about the procedure for considering an increase in council salary. Government Code sets fotth the procedure for increasing city council members salaries. For cities with populations of 35,000 or less, the salary may be up to $300 per month. This amount may be increased by 5 percent per calendar year from the date of the last adjustment and cannot become effective until after a municipal election where a council member becomes eligible for the salary increase. Burlingame's last increase was in May 1991 to $400 a month. Assuming council adopted an ordinance before the November 1999 election, it could increase council salaries from $400 to $590 a month effective after the November 1999 election. Another option is to place the matter on the ballot. After considerable discussion, council directed staff to return with a salary comparison of other city councils on the Peninsula. COUNCIL MEETING OF JANUARY 20. 1998 City Manager's memo of December 30, 1997 advised council that Mayor Spinelli may be out of town on January 20. Mayor Spinelli stated he would be available for the January 20, 1998 meeting and there was no need to change the meeting date. CONSENT CALENDAR City Manager requested item "c" be pulled from consent calendar. City Attorney advised the item is not ready for council approval. Councilwoman Knight asked that item "b" be pulled for discussion. January 5, 1998 270 Burlingame City Council c. d. a.BFI REFUSE COLLECTION. BRUSH PICKUP AND RECYCLING RATES Finance Director's memo of December 22 advised council that no rate change is recom- mended. The JPA is requesting one council member attend an executive session regarding acquisition of the transfer station/recyclery site in San Carlos. Councilwoman Knight volunteered to attend the meeting. b. Removed for discussion Removed by staff: Resolution Authorizing Signature on Agreement with BCDC to Guarantee Public Access for the Airport Boulevard Project - Cp 94ll WARRANTS AND PAYROLL Finance Director recommended payment of Warrants 55295 - 55735, duly audited, in the amount of $2,669,877 .47 , Payroll Checks 100801 - 102547 for the month of November 1997 in the amount of $1,077,376.65, and Electronic Fund Transfers for the month of November 1997 in the amount of $321 ,566.21. TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AND TENTATIVE CONDOMINIUM MAP FOR SIX UNITS AT 1520-1524 FLORIBUNDA AVENUE Public Works memo of December 22,1997 recommended council concur with the Planning Commission and approve the maps subject to conditions. RPMCT CLAIMS OF (1) STEVE DYLINA, ANN NEJASMICH AND TIG INSURANCE: ANp (2) FOTTNI SMILES City Attorney's memos of December 30, 1997 recommended council reject these claims for (1) property damage and (2) personal injury. g. AUTHORIZE OUT-OF-STATE TRAVEL FOR TWO LIBRARY EMPLOYEES City Librarian's memo of December l.1, 1997 recommended council approve travel expenses for the City Librarian and Reference Supervisor to attend the Public Library Association conference in Kansas City, Missouri on March L0-14,1998. Councilwoman Galligan moved approval of the consent calendar excepting items "b" and "c". Seconded by Vice Mayor Janney and carried unanimously, 4-0-1, Councilwoman O'Mahony absent REMOVED CONSENT CALENDAR ITEM Councilwoman Knight commented on the cable franchise and requested a future meeting with the cable consultant for a better understanding of the process. City Manager suggested the item be discussed at a future study meeting. e f 27LBurlingame City Council January 5, 1998 b RESOLUTION 3-q8 SETTING A PUBLIC HEARING ON JANUARY 20 FOR EXTENSION OF THE CABLE TV FRANCHISE FOR SEVEN MONTHS City Manager's memo of December 19, 1997 recommended council consider the request from TCI to extend the cable franchise from January 31, 1998 to August 31, 1998 to allow for negotiation of the franchise renewal. If council agrees to consider the request, it should schedule a public hearing for January 20, 1998. Councilwoman Knight moved approval of item "b. " Seconded by Vice Mayor Janney and carried unanimously by voice vote, 4-0-1, Councilwoman O'Mahony absent. COUNCIL COMMITTEE REPORTS Vice Mayor Janney attended ALS JPA and CMAC. Councilman Galligan attended audit committee OLD BUSINESS Councilwoman Knight mentioned receiving a call from a resident concerning noisy leaf blowers. Council concurred that the device is a noise nuisance and noted possibly revisiting this matter at a future meeting. NEW BUSINESS Mayor Spinelli noted crosswalks in the Seattle, Washington, area are illuminated with flashing pavement reflectors. Public Works Director stated he would research the idea. Councilwoman Knight commented on the recent change on the Transportation Board; there was subsequent council discussion on bicycle path funding. ACKNOWLEDGMENTS Commission Minutes: Traffic, Safety and Parking, December 11; Senior, November 20; Library Board, November 18; Planning, December 8, 1997. Department Reports: Treasurer, November 30,19971' Building, November L997; Parks & Recreation, Second Quarterly Report; Police, November 1997. ktter from William Wieman regarding Lucky Market's refusal to agree to city requirements for cart removal at the new parking lot, therefore the access ramp is closed. Mayor Spinelli voiced his disappointment in receipt of this letter and directed staff to draft a response. Letter from Superior and Municipal Courts requesting city respond to cornments in the 1997 Grand Jury Report. Council directed staff to draft a response for council review. a. b c d January 5, 1998 272 Burlingame City Council e Letter from Constance McNamara regarding mitigation of airport noise issues in the Airport Master Plan. Letter from Bruce Olivier and Hale Avenue residents regarding hours of operation of the street sweeper. Council directed staff to review altering street sweeping hours in residential areas g. Letter from Don Roberts regarding the commissioner interview and appointment process. h.Letter from William Sexton requesting council suppoft naming the BIS gymnasium after coach Ed Hansen. Letter from John Sherratt praising the Fire Department's professional response to a neighbor's emergency. j. Convention & Visitors Bureau Report, November 1997. CLOSED SESSION At 8:50 p.m. council adjourned to a closed session with the City Manager on labor negotiations with the Police Officers Association (POA). The meeting reconvened at 9:15 p.m. and council directed City Manager on labor negotiations ADJOURNMENT IN MEMORY OF LOUISE OLIVER Mayor Spinelli adjourned the meeting at9:16 p.m. in memory of his great aunt, Louise Oliver. Judith A. Malfatti City Clerk f. l. a Burlingame Ciry Council 273 January 5, 1998