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HomeMy WebLinkAboutMin - CC - 1998.02.02BI'RLINGAME, CALIF'ORNIA February 2,1998 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 7:08 p.m. by Mayor Spinelli. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 20, 1998 were approved after changes by Councilman Galligan on page 6 to show he attended the Chamber meeting with Vice Mayor Janney and on page 7 2rrdparagraph, that he "responded to another council member about the need for a facilitator" at the Library/Council meeting. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION ON A FENCE EXCEPTION AT 1170 VANCOUVER AVENUE - DENIAL UPHELD The City Planner reviewed her memo of January 26, L998 which recommended council hold a public hearing and take action. The applicants, Ben and Ceny Poblete, are requesting two fence exceptions to allow a7 feet,S inch tall lattice fence along the right side property line (7 feet is allowed) andaT feet, 1 inch tall fence along the rear property line (7 feet allowed). The fences came to the city's attention through code enforcement and are presently in place. A minor modification request for the fences was called up on review by a neighbor. The Planning Commission denied the request at its meeting of January 12, 1998. Mayor Spinelli opened the public hearing. Mrs. Poblete, 1170 Vancouver, was present with her daughter, Andrea Poblete Valdez, who spoke on her mother's behalf. She explained that these adjacent houses are raised and the Petto property is higher which reduces their privacy and is an exceptional circumstance; the Petto's look into their yard and home; she showed photos by the neighbor taken from the garage roof and over the fence; they feel there are exceptional circumstances since they have been subjected to harassment by the neighbor since 1994; neighbor has hired a private investigator to spy on them; they are merely trying to achieve some privacy on their own property. Ben Poblete, property owner, spoke in favor of granting the request; no other neighbors except the Pettos and Wilsons objected; did not want a higher fence but need to resolve the problem they have been experiencing over the past three years. Kathy Petto, 1160 Vancouver, noted her comments in the staff report and added the fences did not meet ciff requirements, no exceptional circumstances with property; wanted a survey for rear fence same as she had to get, wants fences at7 feet in height; she felt the Poblete's built the fence to be vindictive, recently they lost in court. The hearing was closed. 283 Councilwoman O'Mahony said she reviewed these reports and this is clearly a violation of fence height rules; she could find no exceptional circumstances to grant this request. Councilwoman Knight disagreed, she believed the fence is not a public hazard; the neighbors would not be materially damaged; it would cause a hardship to remove the fence; neighbor situation should be resolved by mediation; these are the same people who came before council before about the dogs; fence was put up to keep the dogs inside, this is a "dog" problem; think it does border on harassment; she visited the area and other neighbors are not concerned; she thought her own fence might exceed 7 feet in some areas where the ground level varies; she believed the applicants should be allowed the fence excep- tion. Councilman Galligan agreed this issue should be resolved through mediation with the Conflict Resolution Center, don't think a 20 foot high fence would help these neighbors; there are no exceptional circumstances. Vice Mayor Janney thought the issue was dogs and that there are no exceptional circumstances on the property to grant this request. Mayor Spinelli was troubled by the photographs presented by applicant; but he noted a fence exception stays with the property; issue is exceptional circumstances on the property, and there are none. Vice Mayor Janney moved to uphold the Planning Commission denial. Seconded by Councilwoman O'Mahony and carried 4-1 on roll call vote, Councilwoman Knight voting no. PUBLIC HEARING - REINTRODUCTION OF ORDINANCE 1587 AMENDING SIGN CODE TO ALLOW FIGURES IN THE PUBLIC RIGHT-OF-WAY WITH AN ENCROACHMENT PERMIT City Planner reviewed the memo of January 27, t998 which recommended council review the changes made to the ordinance and hold a public hearing. She reviewed a number of changes staff made in response to council discussion at the last meeting. These changes require the ordinance be reintro- duced with those changes and additions council may wish to make following the public hearing. Councilwoman Knight asked about the effect of this ordinance on newsrack regulation, and about the sign at Ben & Jerry Ice Cream. City Attorney responded that by allowing tables, chairs and these figures, council is establishing a "base line" for newsrack location on the street. There will be further discussion of newsrack regulations later this spring. Councilwoman O'Mahony wondered if this ordinance should be delayed until after the newsrack issue is completed. Councilwoman O'Mahony was concerned because the Broadway Streetscape committee specifically wanted newsracks removed from that street because the sidewalks are only five feet wide. The mayor suggested removing Broadway from this "figures" ordinance. Council agreed any reference to Broadway should be removed from this ordinance because the sidewalks are too narrow for this type of encroachment. Mayor Spinelli opened the public hearing. There were no cornments and the hearing was closed. The Mayor asked the city clerk to read the title of the ordinance. Vice Mayor Janney moved to waive further reading. Seconded by Councilman Galligan and carried unanimously" Vice Mayor Janney moved to introduce ORDINANCE 1587 striking any roference to Broadway from the ordinance. Seconded by Councilwoman Knight and carried unanimously 5-0 by voice vote. Council set the second reading for the February 18, 1998 meeting. Police Chief reviewed his memo of January 19, 1998 vrhich recommended council hold a public hearing on the spending plan for the 1997 Local Law Enforcement Block Grant (LLEBG) in an amount of $21,733. This plan has been reviewed and approved by the Advisory Board. February 2, L998 284 Burlingame City Council PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT SPENDING PLAN Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed Vice Mayor Janney moved to approve the spending plan for the LLEBG. Seconded by Councilwoman O'Mahony and carried unanimously by voice vote. PUBLIC COMMENTS - None. REVIEW OF AMUSEMENT PERMITS FOR (1) TAVERN GRILL. 1448 BURLINGAME AVENUE AND (2) MOON McSHANE'S PUB. 269 PRIMROSE ROAD (1) City Attorney reviewed his memo of January 26, 1998 which suggested council renew the permit to June 30, 1998 to allow Tavern Grill to become part of the annual review process. Since July L997 when the permit was last reviewed, there have been 14 calls for service from the Tavern Grill area. Most of the calls were from Tavern Grill employees seeking assistance with either patrons or persons in the vicinity of the establishment. The Police Department is satisfied that Tavern Grill is abiding by the terms of its permit and is acting responsibly in supervising patrons. Councilwoman Knight asked about the problems experienced at the rear of this site. Chief responded the calls have been reduced by half. Q) City Attorney reviewed his memo of January 26 which recommended council renew the permit for Moon Mcshane's until June 30, 1998 and allow them to become part of the annual review process. Since the establishment was last reviewed in July L997 , there has been only one call for service. The Police Department is very satisfied that Moon McShane's is abiding by the terms of its permit and acting responsibly in supervising patrons. Councilwoman O'Mahony moved to renew these two permits until June 30, 1998 and put them on the annual review list. Seconded by Vice Mayor Janney and carried unanimously by voice vote. COUNCIL MEETING CALENDAR CHANGES City Manager reviewed his memo of January 28, 1998 which noted the June 15 meeting conflicts with another event and that Vice Mayor Janney would be absent. He recommended council consider moving the budget study meeting up to May 20, 1998 and adopt the budget at the June 1, 1998 council meeting. After some discussion, council concurred and also recommended setting the second June meeting for Wednesday, June 10, 1998 if needed. Councilwoman O'Mahony moved to cancel the June 3 Study Meeting and the June 15 Regular Meeting; to reschedule the Budget Study Meeting for May 20, L998 and to schedule a regular meeting for June 10, 1998 if needed. Seconded by Vice Mayor Janney and carried unanimously. REQUEST FROM CITY OF BELMONT FOR DONATION IN ORDER TO KEEP THE BELMONT AIDS HOSPICE OPEN City Manager reviewed the letter from the City of Belmont noting that the AIDS Hospice is scheduled to close because of a funding crisis" Belmont is requesting donations from cities based on the number of patients served from their jurisdiction. Burlingame's share of funding would be $2,640. Council- woman O'Mahony noted this letter refers to a one time donation but she wondered if they would be back for more, she doesn't want the city getting into the health care business. Councilman Galligan Burlingame City Council 285 February 2, L998 said he hates to take money away from something else, asked if we have funds for this donation. Staff responded yes. Councilwoman Knight had discussed this at the Council of Cities meeting; though located in Belmont, they serve all county residents. Staff can inquire about future funding of this organization when it sends a donation. Councilman Galligan moved to donate $2,640 to the AIDS Hospice. Seconded by Vice Mayor Janney and carried unanimously by voice vote. City Manager reviewed his memo of January 28 which recommended council select an interview team and schedule interviews for Wednesday, February 18, 1998 prior to the regular council meeting, then make an appointment at that meeting. Mayor Spinelli appointed Councilwoman O'Mahony and Councilman Galligan to interview applicants before the next meeting. RESOLUTION 9-98 APPROVING ISSUANCE BY THE BURLINGAME FINANCING AUTHOR- ITY OF NOT TO EXCEED $18.5 MILLION AGGREGATE PRINCIPAL AMOUNT OF LEASE REVENUE BONDS TO REFUND 1991 CERTIFICATES OF PARTICIPATION OMASTEWATER TREATMENT CAPITAL IMPROVEMENT PROJECTS) AND TO FINANCE CERTAIN ADDI- TIONAL WASTEWATER TREATMENT PROJECTS: AUTHORIZING EXECUTION AND DELIVERY OF A FACILITIES LEASE AND A FACILITIES SUBLEASE: APPROVING FORM OF OFFICIAL STATEMENT: AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE LEASE FINANCING WITH THE BURLINGAME FINANCING AUTHORITY City Manager reviewed the Finance Director's memo of January 29,1998 which recommended council approve the resolution approving issuanee by the Burlingame Financing Authority of not to exceed $18.5 million in COPs for refinancing the 1991 Wastewater Treatment Plant improvements and paying for the California Drive sewer interceptor project. Staff responded to Councilwoman O'Mahony questions about the Rider decision disclosure which will be included in the official statement. Councilwoman O'Mahony moved approval of RESOLUTION 9-98. Seconded by Vice Mayor Janney and carried unanimously 5-0 by roll call vote. CONSENT CAI-ENDAR At the recommendation of the City Attorney item "a" regarding the issuance of bonds was acted on earlier in the meeting. Councilwoman Knight asked to remove item "e" regarding the project at 820 El Camino. She complimented staff on the city Investment Policy. Removed and acted on earlier in the meeting (Bond Refinancing). Finance Director's memo of January 21,1998 recommended council approve the Investment Policy for 1998. State law requires the council to annually review and approve the policy for investment of city funds. The city's present poLicy conforms to all applicable state law, but a b February 2, L998 Burlingame City Council SCHEDULE INTERVIEWS FOR CIVIL SERVICE COMMISSION APPROVE CITY INVESTMENT POLICY FOR 1998 286 c one change is recommended to acknowledge differences between the city's policy and the policies of the San Mateo County Investment Pool and the State Local Agency Investment Fund. Those pools are managed by fulltime investment staff and take advantage of invest- ments that are too volatile to be among city investments. APPROVE CONCEPT OF DONATION IN FY 1998-90 TO THE BT]RLINGAME ELE- MENTARY SCHOOL DISTRICT FOR UPGRADING GYMNASII.]M/CAFETERIA IMPROVEMENTS Parks & Recreation Director's memo of January 29, 1998 recommended council authorize staff to include a $40,500 contribution to the School District Gymnasium/Cafeteria project in the 1998-99 Capital Improvement Project (CIP) Budget. RESOLUTION 10-98 AUTHORIZING BUDGET AMENDMENT FOR RECORDS IMAG- ING PROJECT IN THE BUILDING DIVISION Public Works memo of January 21, 1998 recommended council approve a budget amendment authorizing conversion of the building division's microfilmed archives to CD-ROM format. The cost of the entire program is estimated to be $44,000. Funds would be transferred from Unreserved Fund Balance to CIP Building Division. e. Removed Councilman Galligan moved approval of the Consent Calendar excepting items "a" (acted on earlier) and "e. " Seconded by Vice Mayor Janney and carried unanimously. REMOVED CONSENT ITEM Councilwoman Knight recalled seeing this project a couple years ago when it appeared before council and her concern that access would be allowed over the church parking lot. Staff explained the new parking ingress/egress pattern. Mayor Spinelli asked about drainage from this property. Council- woman O'Mahony complimented the developer and architect on their solution to developing this difficult property, this is much better than the previous project a couple of years ago. e.TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSE FOR A NINE UNIT CONDOMINIUM AT 808-820 EL CAMINO REAL Public Works memo of January 27 recommended council concur with the Planning Commis- sion and approve these maps subject to conditions. Vice Mayor Janney moved approval of the maps as recommended. Seconded by Councilwoman O'Mahony and carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS Councilwoman Knight reported on Criminal Justice activities; BFI transfer station acquisition negotiations which may come to council in a closed session; and she attended the Council of Cities d Burhngame City Council 287 February 2,1998 meeting with Councilman Galligan. Vice Mayor Janney attended the Convention Bureau Board meeting and CMAQ. Councilwoman O'Mahony reported on attending a CCAG meeting. Council- man Galligan reported on the 50th Anniversary party for the City of Millbrae. Mayor Spinelli attended an Emergency Services meeting; he also attended the Chinese Spring Festival affair and met the mayor of Xian, China, who discussed Sister City relationships. Our Irish city council members said they would like to see an Irish sister city first. OLD BUSINESS Councilman Galligan noted after the last meeting he asked staff about the driving range and the City Attorney researched history of the approval of these plans and made copies of this research which was placed before council tonight. His concern was that these decisions were not made with public input; over the years, action on various contracts was taken on the consent calendar at council meetings; the minutes of the study meeting in 1991 said council reached a "consensus" on the project and that is not a vote; the Park & Recreation commission preferred more fields in 1991; he would like to see more fields for the children. There was lengthy discussion; council members recalled past actions on this issue; said anyone can corlment during public comments on items on the consent calendar; the Park & Recreation Commission has begun defining policy instead of making recorlmen- dations to council, they are being influenced by small groups; recalled people coming before council requesting golf facilities. Councilwoman Knight commented on the need for the mayor to give a tour of the BART site to Mr. Fuchs. She also discussed the Chamber of Commerce plan for locating a "farmers market. " She was concerned about having such an event at the location on Rollins because of the parking and traffic difficulties there. She felt another location vrould be better, such as a city parking lot on a Sunday morning. Mayor Spinelli suggested the "temporary library" parking lot on a Sunday morning is less crowded and has other parking lots nearby. Vice Mayor Janney will make this suggestion to the Chamber. NEW BUSINESS Councilman Galligan asked about the free parking at Lot H (Ralston and El Camino). Staff said it would be coming to council at the next meeting. ACKNOWLEDGMENTS a.Commission Minutes: Senior, January 15, 1998; Park & Recreation, January 15, 1998; Planning, January 26,1998; Broadway BID, September through December 1997 and January 13, 1998. b. ktter from Janis Musante regarding Cuernavaca Park. Irtter from Bay Area Travel regarding parking problems on Gilbreth Road. Staff noted this would be on the next Traffic Commission agenda. Irtter from American Stores regarding Lucky Market and the ramp to the adjacent city lot. The mayor acknowledged a letter received after the agenda went out from Mr. Weiman c. d February 2,1998 288 Burlingame City Council e regarding this letter. Staff noted they would still need to comply with city conditions and requirements. Letter from Diana Hicks regarding street sweeper noise. The mayor had received a call from another person who is concerned about this noise. f. Letters from TCI regarding changes in the channel lineup. (}6 ktter from the Hamiltons regarding a condo project on El Camino and destruction of the old theater. Letter from Rachel Williams suggesting council dedicate a bench at Laguna Park in memory of Chris Ganas. The mayor said he would like to recognize Chris in some manner. Staff suggested a tree planted in his honor. Letter to BART from City Manager regarding issues for discussion and asking BART's position on undergrounding BART facilities in Burlingame. CLOSED SESSION At 8:58 p.m. the Mayor adjourned to a Closed Session regarding Labor negotiations with the Police Officers Association (POA). The meeting reconvened at9 14 p.m. after direction was given to the City Manager regarding labor negotiations. ADJOURNMENT IN MEMORY OF FRED HORTON AND MERRILL LIONEL WARNE Councilwoman O'Mahony sadly noted the recent death of City Planner Meg Monroe's uncle Merrill Lionel Warne who lived to the age of 101 years and was among the oldest Burlingame residents and a veteran of WW I. Councilwoman Knight noted the death of Fred Horton, father of Carol Prater. After a moment of silence in their memory, Mayor Spinelli adjourned the at 9:15 p.m. Judith A. Malfatti City Clerk h. 1. Burlingame City Council 289 February 2, L998 BURLINGAME, CALIF'ORNIA Burlingame Financing Authority February 2,1998 CALL TO ORDER A duly noticed regular meeting of the Burlingame Financing Authority was held on the above date in the City Hall Council Chambers. The meeting was called to order at7:00 p.m.by Chairman Spinelli. The chairman explained the Financing Authority would act on the refinancing of the 1991 COP issue, then it would adjourn to the regular city council meeting. BOARDMEMBER PRESENT: GALLIGAN, JANNEY, KNIGHT, O,MAHONY, SPINELLI BOARDMEMBER ABSENT: NONE PUBLIC COMMENTS - None. RESOLUTION 1-1998 OF THE BURLINGAME FINANCING AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS FOR THE BURLINGAME FOR THE BONDS: APPROVING THE FORMS OF A TRUST AGREEMENT. A FACILITIES LEASE. AND A FACILITIES SUBLEASE: APPROVNG FORMS OF AND AUTHORIZING PUBLICATION AND DISTRIBUTION OF AN OFFICIAL NOTICE OF SALE. A NOTICE OF INTENTION TO SELL BONDS. AND AN OFFICIAI- STATEMENT DESCRIBING SAID BONDS: AND AUTHORIZING EXECUTION OF DOCUMENTS AND THE TAKING OF ALL NECESSARY ACTIONS RELATING TO THE ISSUANCE OF THE BONDS The City Manager reviewed the Finance Director's memo of January 29,1998 which recommended the authority approve the resolution approving issuance by the Burlingame Financing Authority of not to exceed $18.5 million in COPs for refinancing the 1991 Wastewater Treatment Plant improvements and paying for the California Drive sewer interceptor project. The bids would be opened on February 15 and if they meet the rate of 5.5 percent interest there wili be sufficient savings to justifu this action. Tho Finance Director was present to answer any specific questions. Boardmernber Galligan asked about options to call. Staff responded we could have such options on the new issue but it would be more expensive; options are for longer periods and this new issue will be for the same term as the current issue, about 14 years" Boardmember O'Mahony moved approval of RESOLUTION 1-1998. Seconded by Boardmember Galligan and carried unanimously 5-0 by roll call vote. 281 PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Manager Dennis Argyres. ROLL CALL ADJOURNMENT Chairman Spinelli adjourned the Financing Authority meeting at7:07 Judith A. Malfatti Secretary 282