HomeMy WebLinkAboutMin - CC - 1998.01.20BIJRLINGAME, CALIFORNIA
January 20,1998
CALL TO ORDER
A duly noticed regular meeting of the Burlingame Crty Council was held on the above date in the City
Hall Council Chambers. The meeting was called to order at7:04 p.m. by Mayor Spinelli.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Bob Johnston.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of January 5, 1998 were approved after an addition by
Councilwoman Knight on page 5 at the end of the lst paragraph where she added "incumbent
commissioners should also be interviewed as suggested by former Park & Recreation commissioner
Don Roberts whose letter made some good points. " Councilwoman O'Mahony abstained from the
vote because she had been absent from that meeting.
RESOLUTION 4-98 EXTENDING THE CABLE TELEVISION FRANCHISE WITH TCI UNTIL
AUGUST 31. 1998
The City Manager reviewed his memo of January 12, 1998 which recommended council hold a public
hearing and consider the request from TCI to extend the cable franchise from January 31, 1998, to
August 31, 1998, to allow time for negotiation of a franchise renewal. The city's franchise expires on
January 31, 1998. It has been previously extended twice to allow for the acquisition of Pacific Cable
by TCI. Delays in the acquisition and change of management have slowed the franchise extension
process. In December, staff and our cable consultant had our first meeting on franchise renewal.
Additional time is needed in order to obtain council and public input, negotiate an extension and
process municipal code updates.
Mayor Spinelli opened the public hearing. There were no cornrnents and the hearing was closed
Councilwoman O'Mahony moved approval of RESOLUTION 4-98 Extending the Cable Television
Franchise. Seconded by Vice Mayor Janney and carried unanimously by voice vote. Councilman
Galligan asked about looking into other sources for cable service; it was suggested this be discussed at
the time for "franchise renewal issues" itern on the agenda.
ADOPTION OF ORDINANCE 1586 - THE 1997 ZONING CODE UPDATE
City Planner reviewed her memo of January 8, 1998 which recommended council hold a public
hearing and take action. If the ordinance is adopted, the city clerk should be directed to publish a
274
summary of the ordinance. Council reviewed the proposed changes to the zoning code at the January
5, 1998 meeting. The 1997 Zonng Code Update as recommended by the Planning Commission does
three things: 1) makes corrections and clarifications to current code language to clarify the meaning;
2) makes code changes so that regulations reflect determinations and actions made by the city council
and commission during the past year; and 3) reorganizes Chapter 25.70 Parking Requirements so the
format is consistent with the rest of the code. An annotated attachment gives the reason for the
proposed changes. Councilwoman O'Mahony discussed several items in the ordinance; staff
responded and also noted the Planning Commission had reviewed this ordinance over several meetings
and recommended it to council.
Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed
Vice Mayor Janney moved to adopt ORDINANCE 1586. Seconded by Councilwoman O'Mahony and
carried unanimously on ro11 call vote. Council thanked staff and the Planning Commission for this
"herculean" effort.
PUBLIC COMMENTS
Councilman Galligan asked the Mayor if the people who wish to speak about the driving range and
about soccer fields could wait until that item comes before council. The Mayor agreed to allow them
to speak at that time.
Todd Becker,2115 Hillside Drive, commented on the request for an agreement with BART; he felt
BART was umesponsive to Burlingame's concerns; he did not believe there was much chance of
getting serious consideration from BART; thought we should expect guest contractors to pay
inspection fees.
Bob Johnston, ll2 Killarney; reminded council that they will get nothing from BART; council should
talk to people in Fremont or Concord about BART promises and look at the half completed stations
there because BART ran out of money to complete them.
Robert McMonigle, 1308 Burlingame Avenue, reminded council that he still wants to have tables and
chairs in his bakery; he is a professional baker, not a restauranteur; there are more simple solutions to
allowing his request than what the Planning Commission is considering.
Theresa Huebner, 1708 Ray Drive. spoke about the request for council salary increase; she noted the
benefits that council receives are substantial; the salary may not have increased since 1991 but cost of
benefits have greatly increased; when you run for public office, you don't do it for the salary.
BART REQUEST FOR AN AGREEMENT
City Manager reviewed his memo of December 17, 1997 which recommended council consider
BART's request for a comprehensive agreement. At the December l, L997 meeting, council asked for
additional information concerning the city's submittal during the EIR process and questions
concerning the status of the agreement with South San Francisco; that information was attached to his
report.
Councilman Galligan said we need to meet with BART or they will do what they want; when BART
goes all the way through Burlingame it should be underground; he agreed that BART was
Burlingame City Council 275 January 20,1998
unresponsive; would like to see plan for additional parking at Millbrae to keep cars off Burlingame
streets. Councilwoman O'Mahony noted South San Francisco received nothing; we have convalescent
homes next to the BART rail site which need quiet times; must include the Resolution regarding under
grounding council adopted in 1996; need to tell BART what we want, it should be underground
through the Peninsula; tell them our concerns about traffic, noise and damage to our streets.
Councilwoman Knight said BART is deceiving people when it says it has the money, it is using
Samtrans money now; asked staff what would happen if the city did not sign an agreement. Staff said
its concern is having a working relationship with BART; also concern about sewers and storm
drainage and NPDES requirements. Vice Mayor Janney said if we continue as an adversary we will
have nothing; need to establish a working relationship with BART because they are going to proceed
with the project; it is time to go to the table with them. Mayor Spinelli noted his concern that if
BART does not have the money, we are stuck with an unfinished project; Washington DC is
proposing another 10 percent cut in mass transit funding; noted we did not sign the Airport MOU and
he did not want to sign this agreement but was willing to talk to them. Mayor Spinelli asked
Councilwoman O'Mahony to join him in meeting with BART. Council asked staff to prepare a list of
city concerns to bring to the table with BART.
BEAUTIFICATION COMMISSION APPOINTMENTS
The city manager's memo of January 12, 1998 recommended council make two appointments to the
Beautification Commission. Vice Mayor Janney said she and Councilwoman O'Mahony interviewed
five excellent applicants prior to this meeting. She moved for reappointment of Commissioner Jill
Lauder and appointment of Nancy Locke to the Beautification Commission. Seconded by
Councilwoman O'Mahony and carried unanimously.
TELEVISING CITY COUNCIL MEETINGS
City Manager reviewed his memo of January 8, 1998 which recommended council consider this issue.
Council had previously considered televising meetings in 1992 and 1993. Council placed an advisory
proposition on the ballot in 1993 about televising meetings and the voters defeated it. Currently eight
of the twenty cities in the county televise meetings; the quality and cost vary greatly. The city of San
Mateo is starting a pilot program of televising through SAMNET at a cost of about $1000 per
meeting. Our cable franchise expires soon and we are in discussions with TCI about renewal. One
item for discussion is televising meetings. If council wishes to televise meetings, we need direction
about the quality of broadcasts and whether council wishes cable subscribers to fund any of the costs.
Council members all supported the idea; discussed asking TCI to provide a fixed camera; would like
to have live broadcasts and/or delayed; would like to broadcast Planning Commission meetings also;
don't want it to cost a lot; don't want to create a "stage" for some people; asked staff to get estimates
on costs for these options. Mayor Spinelli was gratified to see this support.
CABLE TELEVISION FRANCHISE RENEWAL ISSUES
City Manager reviewed his memo of January 12, 1998 which listed eight issues to consider during
discussions with TCI on renewal of the franchise. Currently we have no study meetings scheduled
until May. If council is interested, he will try to schedule a special meeting with the consultant.
Council reviewed the list" Councilman Galligan asked about adding the San Bruno cable television
service as an option, it costs less and San Bruno has built a tremendous cash reserve and a valuable
January 20,1998 276 Burlingame City Council
asset with this service. Staff noted cities surrounding San Bruno have been talking about joining but
did not believe anything has come of it yet. Mayor Spinelli would like to see provisions for new
technology in the franchise agreement.
CITY COUNCIL SALARIES
City Manager reviewed his memo of January 8, 1998 which included a survey of salaries of other city
councils which range from $984 to $165. The average is $416. State law allows a 5 percent increase
each year since the last increase which would result in a salary of $590 and would take effect after the
next election.
Councilman Galligan said when he was elected he noticed the council salaries had not been raised
since 1991; council members absorb most of the added costs of serving; he thought an increase was
just inflationary and did not see any reason to touch the benefits. After some discussion, council
agreed to revisit this issue in another year. Councilwoman Knight was opposed to any increase.
AMENDMENT TO THE SIGN CODE AND ENCROACHMENT PERMIT PROVISIONS FOR
PRIVATELY OWNED FIGURES IN THE PUBLIC RIGHT-OF-WAY IN THE BURLINGAME
AVENUE SUBAREA 'A' AND ON BROADWAY - INTRODUCE ORDINANCE 1587
City Planner reviewed her memo of January 12, 1998 which recommended council review the possible
approach of permitting privately owned figures in the public right-of-way and give staff direction. If
council finds the approach appropriate it may introduce the ordinance. Any action on the
encroachment permit request at 1103 Burlingame Avenue would be held until after the ordinance
becomes effective. If council wishes to conclude discussion of this matter and not adopt additional
legislation, it should deny the request for the encroachment permit at this meeting.
Councilwoman Knight reviewed the proposal and said she was willing to introduce the ordinance; she
pointed out some typo mistakes. Carl Martin, applicant for the encroachment permit at 1103
Burlingame Avenue, mentioned some concerns he had with the ordinance; he also noted the
streetscape plan may result in a "mall atmosphere" on the Avenue with everything looking the same
which would not be beneficial.
Councilwoman Knight read the title and moved to introduce ORDINANCE 1587. Seconded by
Councilwoman O'Mahony and carried unanimously. Councilman Galligan moved to waive further
reading. Seconded by Vice Mayor Janney and carried unanimously. The city clerk was directed to
publish a notice of public hearing at least five days before the next council meeting.
CONSENT CALENDAR
Councilman Galligan asked that items 'b and d" regarding the golf driving range at the landfill site be
removed for discussion.
a.RESOLUTION 5-q8 AMENDING AGREEMENT WITH SAN MATEO COUNTY FOR
ADVANCED LIFE SUPPORT (ALS - PARAMEDIC) SERVICE
Fire Chief's memo of January 6, 1998 recommended council approve a contract amendment to
extend our agreement to provide paramedic service through December 31, 1998. The current
contract expired on December 3L, 1997.
Burlingame City Council 277 January 20,1998
b
c
Removed for discussion.
RESOLUTION 6-98 APPROVING LOT LINE ADJUSTMENT AT 577 AIRPORT
BOULEVARD AND 433 AIRPORT BOULEVARD. AND RESCINDING RESOLUTION 36-
97 AFFECTING 533 AIRPORT BOULEVARD
City Attorney's memo of January 12,1998 recommended council approve a lot line adjustment
between 433 and 577 Airport Boulevard, and rescind Resolution 36-97 which incorrectly
identified one of the affected parcels.
d. Removed for discussion.
ENCROACHMENT PERMIT FOR INSTALLATION OF ELECTRIC GATE AND FENCE
AT 1827 HUNT DRIVE
Public Works memo of January 7 , 1998 recommended council approve this request subject to
conditions.
ENCROACHMENT PERMIT FOR PLANTING 30 TREES IN THE SIDEWALK AREA
FRONTING MAGNOLIA AND MURCHISON DRIVES AT 1705 MURCHISON DRIVE
Public Works memo of January 7 , 1998 recommended council approve this request subject to
conditions, this request was also reviewed and recommended by the Beautification
Commission.
s. WARRANTS & PAYROLL
Finance Director recommended payment of Warrants 55736 - 56125, duly audited, in the
amount of $1,330,432.52, Payroll Checks for the month of December 1997 in the amount of
$1,094,178.70, and Electronic Fund Transfers for the month of December 1997 in the amount
of $335,004.69.
Councilwoman O'Mahony moved approval of the Consent Calendar excepting items "b and d. "
Seconded by Vice Mayor Janney and carried unanimously 5-0.
REMOVED CONSENT CALENDAR ITEM
Mayor Spinelli called forward the people who desired to speak on the driving range use at the landfill
site. John Webb , 720 Paloma; Al DeRanieri, 1611 Willow; Gary Nichols, 116 Costa Rica; Jim
Murray, 737 Farringdon; Christine Davis, ll32Yancouver; spoke in favor of developing more soccer
fields for the children; suggested changing driving range to soccer fields, the site could be developed
with eight soccer fields and clubhouse support facilities; suggested leasing State lands south of
Kincaid's Restaurant for two more soccer fields; noted more families are moving into the city and the
children need fields and sports.
e
f.
January 20,1998 278 Burlingame City Council
Councilman Galligan asked council to reconsider the need for the driving range and consider the needs
of the children of our city; in the future council could develop a driving range but the kids need fields
now. Councilwoman O'Mahony noted soccer is dear to her heart but there is need to meet interests of
all the residents, golf is an interest which can be pursued throughout your life and a driving range is
b
used year-round. Vice Mayor Janney noted this issue was resolved years ago; to reverse at this time
would be irresponsible, she asked staff about costs to do so. Director of Public Works responded
costs to regrade and develop soccer fields would be over $2 million. Vice Mayor Janney noted under
current plans there will be one Olympic size soccer field at the site; she was proud of our commitment
to youth through partnerships with the schools, noted our donation for the high school pool and track;
noted student populations change and recalled the 1970's and all the school closures. Councilwoman
Knight said the soccer families do not realize how many golfers we have heard from, we have tried to
be fair to everyone and council held public meetings on this issue. Mayor Spinelli noted soccer is a
great game but we also have a large senior population and golf is a wonderful exercise for seniors.
RESOLUTION 8-98 AUTHORIZING AGREEMENT FOR CONSULTING SERVICES FOR
GOLF DRIVING RANGE OPERATIONS
Parks & Recreation Director's memo of January 15, 1998 recommended council approve a
consulting agreement with Emerald Golf Development regarding golf driving range operations
at a cost not to exceed $19,800.
RESOLUTTON 7-98 AUTHORIZING AGREEMENTS AMENDMENTS FOR (1)
LANDFILL CLOSURE DESIGN, (2) CONSTRUCTION MANAGEMENT SERVICES AND
(3) AN AGREEMENT FOR SITE DEVELOPMENT DESIGN SERVICES - CP 9117 AND
9tt7(3\
d.
Public Works memo of January 7 recommended council approve these agreements with
Woodward-Clyde International-Americas for (1) an amendment to agreement for an additional
$120,250 to cover additional costs incurred during the closure design; (2) an amendment to
agreement for an additional $156,700 to cover additional costs incurred during closure
construction and (3) a new agreement for $86,100 to cover future costs relating to the design
of site improvements.
Councilwoman O'Mahony moved to approve two RESOLUTIONS (b) Approving Consultant for Golf
Driving Range and (d) the three landfill agreements. Seconded by Vice Mayor Janney and carried 4-1
on voice vote, Councilman Galligan voting no.
COUNCIL COMMITTEE REPORTS
Councilwoman O'Mahony reported on the CCAG meeting. Councilwoman Knight attended a
Legislative Committee meeting; asked for council input on ACA 10. Staff will get more information.
She also attended a school liaison meeting with Councilman Galligan, and a Transportation Authority
meeting where we received bike path funding. Vice Mayor Janney attended a Chamber Board
meeting with Councilman Galligan, they are planning a "farmers market." Mayor Spinelli discussed
the Airport Roundtable.
OLD BUSINESS
Councilman Galligan discussed The Cakery request; he suggested exempting bakeries as food
establishments and using the special sales tax for sale of food items for consumption at the site as a
control and to limit such sales to 10 percent of sales; after some discussion, staff will put this on the
agenda for the joint Council/Planning Commission meeting.
Burlingame City Council 279 January 20,1998
a.
b
Councilman Galligan said he had received financial statements from the Convention Bureau and
reviewed them; he found them to be in order and was comfortable with the financial procedures used.
Councilman Galligan noted a conflict with the Burlingame Together meeting of June 15 and a city
council meeting. Council said there is time to consider a change in meeting dates.
Councilman Galligan responded to another council member about the need for a facilitator at the
Library/Council joint meeting. He had attended several council study meetings before he was elected
and would like the joint meeting to follow that format; he did not want any confrontations. Council
agreed.
NEW BUSINESS
Mayor Spinelli set a public hearing for an appeal of a fence exception at ll70 Vancouver for the
February 2, 1998 meeting.
ACKNOWLEDGMENTS
Commission Minutes: Senior, December 18,1997; Beautification, January 8, 1998; Planning,
January t2, 1998.
Department Reports: Building, December 1997; Treasurer, December 31,1997; Police,
December 1997.
Irtter from Patricia Gray regarding Airport noise
I-etter from Bob Jones, Senior Commission Chairman, regarding his need to temporarily move
out of town.
Council discussion: Jones is a valuable member of the commission; how long is "temporary", would
hate to have to ask him to step down; City Attorney noted State law does not require a commissioner
to be a resident. Staff will contact Commissioner Jones.
Letter from Robert McMonigle regarding his desire for tables and chairs inside his bakery,
The Cakery.
f. Convention & Visitors Bureau Report for December 1997.
ADJOURNMENT
The meeting was adjourned at 10:37 p.m
Judith A.
c.
d.
e.
January 20,1998 280
City Clerk
Burlingame City Council