HomeMy WebLinkAboutMin - CC - 1998.04.06BTJRLING^AME, CALIFORNIA
April 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 at7:03 p.m. by Mayor Mike Spinelli.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Jerry Deal, Planning Commissioner
ROLL CALL
COUNCIL PRESENT
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of March 16, 1998 were approved after changes on page 3, first
paragraph by Councilwoman Knight to correct spelling of a word and by Vice Mayor Janney noting
" she requested the less restrictive terms in the moratorium of 2700 SF or .45 FAR whichever is
preater""
APPEAL WITHDRAWN FOR RESTAURANT AT 1190 CALIFORNIA DRIVE
The City Planner explained the applicant's letter of March 31 gave notice they were withdrawing their
appeal. Mayor Spinelli said anyone who still desired to comment on this item could do so under
"Public Comments."
PUBLIC COMMENTS
Bill Boyd of Hillsborough, attorney representing Next Century Restaurants, explained that they
withdrew their appeal after careful consideration and will come back to the Planning Commission with
revised plans for a new restaurant that will basically keep the train station; they will make some
modifications and do a lot to the interior, and leave the exterior and footprint alone, and they will
attempt to have sufficient parking"
Michael Parr, resident, said he had a claim which will be considered by council in closed session; he
told of the flooding and loss his family experienced in February; they lost personal possessions from
garage and yard when they were flooded with sewage.
Jeff Roat, resident, distributed copies of a letter he sent to the city planner regarding the Safeway
proposed expansion; the current plans add no charm to our city; we have an opportunity to decide
how this building will be improved; he felt there should be a public hearing for residents to give some
input on this issue. The mayor noted the Planning Commission will be holding hearings.
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Darlene DeMaria, resident, recently attended a Chamber of Commerce meeting where the Safeway
plans were unveiled; as a small business owner, she was concerned about the changes taking place in
our city; Safeway interviewed only 27 customers about these plans, she felt that was hardly represen-
tative of residents; newspapers say Safeway is responding to requests of customers; she felt this just
another Safeway expansion, this store will be larger than the one in Belmont and she doesn't want a
store that looks like that; council should schedule a public hearing.
Raymond Valente, resident on Grove Avenue for 18 years, said flooding in his area has been constant
for 18 years; shared numerous photos of the flooding in area; water comes over the sidewalk and
lawns, sewers overflow and stench is terrible; storm drains are too small, need adequate drainage in
the area, near railroad tracks it is like a reservoir; Capuchino, which is two blocks west is also
flooded at same time. Director of Public Works said new storm drains would be a $2 million project;
the current sewer interceptor project will solve the sewer overflow problems. Another resident of the
area said every time it rains there is flooding; they appreciated the sewer project but also need storm
drains upgraded; water comes up to their mailbox at times; this needs to be addressed now.
Tom Carey said he had lived most of his life in Burlingame and would like to see some type of
historic preservation; ctty preserved the library, fire station and Burlingame Avenue Station, but razed
the Donnelly House, an historic building, to put in a parking lot; don't want to lose the historic sites
like the Broadway Train Station; recommended council get a book titled "Historic Preservation" from
the library.
Two more residents complained about flooding in the village area, it's been that way for 2L years he
lived here and city has always said it would do something about it but it never happens; at least 16
times a year he has to call the crty to clear roots in street sewer lines. Another man lived on Grove
for 40 years; had three major floods there; need to increase drainage capacity; also street sweeper
does not clean adequately and the leaves clog drains; for three weeks the corner has not been swept
and no cars are parked there; Millbrae has installed flood gates, why doesn't Burlingame do the same.
Todd Becker, resident, discussed the letter from B,A,RT about negotiations and the fact that they will
not consider undergrounding; we should demand to know if they intend to go further through
Burlingame, if so it would not matter if undergrounding would require a tail track twice as long.
Diane Wirgler, looking at cities with historic preservation; admired the Half Moon Bay preservation
ordinance; think we could add property tax discount for historic sites to make it worthwhile to
preserve sites.
BROADWAY BUSINESS IMPROVEMENT DISTRICT'S (BID) ANNUAL REPORT AND
RESOLUTION 19-98 DECLARING INTENTION TO RENEW THE BUSINESS IMPROVEMENT
DISTRICT AND SCHEDIJI-ING HEARINGS ON THE 1998-99 ASSESSMENT
City Manager reviewed his memo of March 19 which recommended council review and accept the
Annual Report and adopt a resolution of intention to reestablish the BID and set hearings for the 1998-
99 assessments. The proposed hearing dates are May 4 and June 1, 1998. A notice will be mailed to
each business owner in the BID" City Attorney mentioned litigation regarding the BID in San Diego.
In response to Councilwoman Ifuight he noted a decision on that issue will probably take three years.
Burlingame City Council 315 April6, 1998
Mayor Spinelli wondered about all the funds the BID has set aside" Councilwoman O'Mahony said
the BID has dedicated funds for the Streetscape project.
Councilwoman O'Mahony moved to accept the annual report and to approve RESOLUTION 19-98
Declaring Intention to Renew the Broadway BID and setting hearings for May 4, and June 1, 1998.
Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote.
PROGRESS REPORT ON PLANNING COMMISSION DEVELOPMENT OF REGULATIONS TO
ADDRESS NEIGHBORHOOD CONSISTENCY ^A.ND THE MORATORIUM ON SECOND STORY
ADDITIONS IN THE R-1 DISTRICT
City Planner reviewed her memo of April 1, 1998 which recommended council review the status of
the commission's progress. The need to take prompt action to address the impact of major remodel
and new construction of single family houses on the city's neighborhoods came to the council's
attention at the March 2, L998 city council meeting. Since that time the Planning Commission has
discussed the issue and recommended a moratorium which the council adopted on March 16. The
commission's subcommittee on Neighborhood Consistency met on March 25 and the Planning
Commission held a special meeting on March 30, 1998; the commission is still working on reaching a
consensus. On April 2l the moratorium will expire unless extended.
Council discussed and staff responded to questions; envisioned a group of five individuals who would
be assigned plans to review on some type of rotating basis for owners and architects; don't think it
would slow down the process like another committee; concerned about adding another layer of
bureaucracy; don't like idea of one person reviewing the plans, it's just one opinion; would be best to
have two or three people review and come to a consensus; reduced FAR a good idea; need to see what
other cities with design review have done.
City Attorney noted at next meeting we will come back rvith one or two draft ordinances; would take
four votes to extend moratorium; will also present some interirn guidelines. Council discussed FAR;
asked about plans currently in process and how this rvould affect them. Mayor Spinelli thanked the
commission on behalf of the council for going above and beyond their duty to get this done.
INTRODUCTION OF ORDINANCE 1590 TO INSTALL TWO STOP SIGNS AT THE INTERSEC-
TIONS OF BURLINGAME AVENUE. AND EAST LANE. WITH CAROLAN AVENUE
Director of Public Works reviewed his memo of March 27 , 1998 which recommended council
introduce this ordinance as recommended by the Traffic Commission. The commission considered a
request from a resident at its February and March noeetings; although the intersections do not meet
city warrants for stop signs, the commission considered cther safety-related reasons to install stop
signs - use of the crosswalk is high because of the train station and park, the Burlingame Avenue stop
sign would replace a yield sign, vehicles t'rrning from South Lane cannot see pedestrians, and the
layout of the intersections is confusing. Councilwoman I(night agreed it is a confusing intersection
and appreciated this action; Mayor Spinelli suggested additional markings or larger signs at East Lane
for visibility because of the width of the street.
Mayor Spinelli asked the city clerk to read the title of the ordinance. Councilman Galligan rnoved to
waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously.
April6, 1998 316 Burlingame City Council
Councilman Galligan moved to introduce ORDINANCE 1590. Seconded by Councilwoman
O'Mahony and carried unanimously 5-0 on voice vote.
PLANNING COMMISSION
City Manager's memo of April 1, 1998 noted five candidates for Senior Commission and 14
candidates for Planning. Vice Mayor Janney noted she and Councilman Galligan had interviewed
some excellent candidates for the Senior Commission; they recommended appointment of Clara Crook
and Herman Katz. The nominees were confirmed unanimously. Councilwoman Knight asked about
Irv Amstrup, it was noted he withdrew his application today.
Mayor Spinelli said he had received comments about the size of the Planning Commission and
wondered about reducing the number of members from seven to five; this might help in reducing the
length of the meetings. Council discussed; agreed good time to do this because we have two
resignations from the commission; attorney noted state law requires the commission be at least five
people; interviews were delayed for at least a month.
Councilwoman Knight also mentioned that some of the applicants for Planning were not registered
voters. Councilman Galligan suggested some changes on the application form. Councilwoman
O'Mahony suggested the three applicantants listed as inactive voters be required to provide evidence
of voting in 1997 to preserve the right to be interviewed. The city attorney will prepare an ordinance
to reduce the size of the commission and to clarify the need for appointees to be registered voters.
JOINT CITY COUNCIL/PLANNING COMMISSION MEETING
City Manager's memo of March 27, l99B suggested council consider holding the joint meeting at a
eity facility because of the number of issues currently being discussed, he also noted the commission
chair is not available on the scheduled date of April 25. Council can consider holding the meeting at
the Library or Recreation Center, and consider changing the date to May 2,1998.
Councilwoman O'Mahony moved to change the meeting date to May 2 atthe Library Community
R.oom at 9:00 a.m. Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote.
CONSENT CALENDAR.
Councilwoman Knight asked to remove item "g" regarding a parcel map. Councilwoman O'Mahony
asked to remove item "e" regarding soccer lights. Mayor Spinelli removed item "f" regarding
parking meters in Lot K and Councilman Galligan asked for removal of item "i" regarding audit
services.
RESOLUTION 20-98 AWARDING 1OO7-98 SIDEWALK REPAIR - CP 9734 AND RESO-
LUTION 21-98 APPROPRIATING FUNDS FOR SIDEWALK REPAIR
Public Works memo of April 1, 1998 recommended council award the project to JJR Con-
struction of San Mateo in the amount of $550,000 and approve transfer appropriations frorn
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Burlingame City Council 317 April6, 1998
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the 96-97 Sidewalk Program ($153,000), the Handicap Access Program ($90,000) and the 98-
99 Sidewalk Program ($88,000).
RESOLUTION 22-98 AWARDING 1098 STREET RESURFACING PROGRAM - CP 9732
AND RESOLUTION 23-98 APPROPRIATING FUNDS FOR STREET RESURFACING
PROGRAM
Public Works memo of March 31, 1998 recommended council award the project to G.
Bortolotto & Company of San Carlos in the amount of $512,797 and approve transfer
appropriations from Pavement Management ($55,000) and Library Construction ($15,000).
RESOLUTION 24-98 AUTHORIZING CONTRACT FOR IMPLEMENTATION OF A
GEOGRAPHTCAL TNFORMATION SYSTEM (GIS) - CP 9s17 (PHASE 1)
Public Works memo of March 31, 1998 recommended council authorize an agreement with the
joint venture of Lynx Technologies/Brighter Images in the amount of $192,280 for the first
phase in development of the GIS. The project will provide an accurate base map from aerial
photos, layers added will include street names and roadway designators, property lines of
individual parcels, addresses and assessor parcel numbers, a zoning map and basic outline for
city utilities and structures. Additional phases will add more details, contour elevations and
system maintenance.
RESOLUTION 25-08 DECLARING WEEDS AND RUBBISH A NUISANCE AND SET-
TING PUBLIC HEARING FOR THE 1098 WEED AND RUBBISH ABATEMENT PRO-
GRAM - CP q8O7
Public Works memo of March 26 recommended council adopt the resolution and set public
hearing for May 18, 1998. Each year the city establishes the weed and rubbish abatement
program to abate weeds and rubbish on public and private property. Once the hearing is set,
property owners will be notified to abate their rveeds and rubbish. At the hearing, property
owners may be heard. If weeds and rubbish are not abated, work will be authorized by the
city and will be paid by liens assessed with the tax roll in July 1998.
Removed.
Removed.
Removed.
RESOLUTION 26-98 AUTHORIZING AGREEMENT WITH BURI.INGAME YOUTH
BASEBALL ASSOCIATION FOR LEASE OF WASHINGTON PARK PROPERTY FOR
CONSTRUCTION. MAINTENANCE AND OPERATION OF A BASEBALL BATTING
CAGE
Parks & Recreation Director's memo of April 2 recommended council authorize an agreement
with the BYBA for lease of city property for a baseball batting cage.
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April5, 1998 318 Burlingame City Council
i. Removed
j. CIIAMBER OF COMMERCE REQUEST FOR SPECTAL EVENTS IN 1998
City Manager's memo of March 26, 1998 recommended council approve requests from the
Chamber subject to meeting police conditions and providing insurance as approved by the city
attorney. The events are Burlingame Avenue Merchants Sidewalks Sales on April 24 & 25
and Augustzl &22; Art on the Avenue on September 19 & 20; Holiday Decorations and
Burlingame Avenue Holiday Open House on December 4, 1998.
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Public Works memo of March 31, l99B recommended council approve this permit with
condition that a three foot by eight foot area be left clear for sight distance near the driveway
and other standard conditions. The fence is six feet high with a one foot lattice.
I. ENCROACHMENT PERMIT FOR FENCE AT 2OO5 DEVEREUX DRIVE
Fublic Works memo of March 31 recommended council approve this permit for a 3.5 foot
high fence adjacent to the sidewalk with standard conditions including leaving the water meters
clear of the fence for easy access by the meter reader.
m RESOLUTION 27-98 AUTHORIZING THIRD AMENDMENT TO THE UNIFORM
COLLECTION FRANCHISE AGREEMENT WITH BFI
Finance Director's memo of April 1, 1998 recommended council authorize this amendment
extending the deadline for notice of termination to June 30, 1999.
Councilman Galligan moved approval of the Consent Calendar excluding item "e, f, g, and i. "
Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote.
REMOVED CONSENT CALENDAR ITEMS
RESOLUTION 28-08 APPROPRIATING ADDITIONAL FUNDS FOR THE BAYSIDE
PARK SOCCER LIGHTS PROJECT - CP 9721: AND RESOLUTION 29-98 CONSENTING
TO THE WITHDRAWAL OF THE LOW BIDDER AND AWARDING CONTRACT TO
SECOND LOW BIDDER FOR BAYSIDE PARK SOCCER LIGHTS
trublic Works memo of March 27 , L998 recommended council approve two resolutions (1)
appropriating an additional $117,000 and (2) awarding the Bayside Park Lighting Project to
Mike Brown Electric Company in the amount of $252,000. On March 9 six bids were
received; the low bidder Beci Electric (bid of $220,000) notified the city within five days of a
significant mistake in its bid and asked to withdraw. This project consists of installing lights
to the soccer and softball fields in Bayside Park.
Councilwoman O'Mahony said she was delighted this project is proceeding and wanted to let citizens
know that we are spending a quarter of a million dollars on this project. Councilman Galligan moved
319Burlingame City Council April 6, 1998
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approval of RESOLUTIONS 28-98 and 29-98 for the Bayside Park soccer light project. Seconded by
Councilwoman O'Mahony and carried unanimously.
CHANGING ALL TEN-HOUR METERS TO TWO-HOUR METERS IN PARKING LOT K
- ACTION POSTPONED
Public Works memo of March 27, 1998 recommended council adopt a resolution changing the
LO-hour meters to 2-hour in Lot K located at the end of Fox Plaza Lane. The Traffic
Commission recommended this item to council at its March 12 meeting, noting since Lot H
across the street is now free, long-term parkers can park there.
Mayor Spinelli had received a request from a citizen to delay action on this issue. It was postponed
until the next meeting.
RESOLUTION 30-98 APPROVING TENTATIVE AND FINAL PARCEL MAP FOR LOT
COMBINATION AT 1705 MURCHISON DRIVE AND 1845 MAGNOLIA
Public Works memo of March 27, 1998 recommended council concur with the Planning
Commission and approve the map subject to conditions. A packet of material was submitted
for council's information from neighbors with concerns who live across the street in Millbrae
Councilwoman Knight asked about the threat of litigation from the neighbors across the street from
this project. City Attorney explained that the time for challenging this project or the environmental
evaluation have passed; he noted the neighbors are being kept informed about the project. Council-
woman O'Mahony moved approval of RESOLUTION 30-98. Seconded by Vice Mayor Janney and
carried unanimously.
i. AGREEMENT FOR AUDIT SERVICES - POSTPONED
Finance Director's memo of March 26, t998 recommended council review the proposal for a
three year contract from KPMG Peat Marwick for audit services and either approve the
resolution for renewing the agreement or direct staff to obtain additional proposals.
Councilman Galligan noted the auditors are proposing a 9 percent increase in fees for the first year
and 10 percent for each of the following two years; he had a difficult time approving a 30 percent
increase in fees. Agreed it was a benefit to stay with a larger firm but suggested a one year contract
and then seeing what other large firms have to offer. Counciiwoman O'Mahony mentioned that these
audit services also include three hotel audits, Measure A audit and the Gann audit; she would like to
stay with a major auditing firm. Council agreed to bring this item back to the next meeting.
COUNCIL COMMITTEE REPORTS
Councilwoman Knight reported a Founder's Day schcol event; on Criminal Justice; on the legislative
Committee of CCAG, council discussed some legislation; she also attended a JPB. Vice Mayor
Janney told about CMAQ and the MOU with rhe Airport. The mayor explained the some of these
acronyms to the audience. Mayor Spinelli attended the Founder's Day at McKinley School; he made
April6, 1998 324 Burlingame City Council
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presentations to Public Works employees who worked long hours during the February floods; he also
attended the Airport Roundtable. Councilwoman O'Mahony also attended the Founder's Day.
OLD BUSINESS
Councilwoman O'Mahony asked about the November agreement with the school district on the pool,
was concerned about the delays. She also asked about, and the Fire Chief explained, AB 2586 having
to do with Advanced Life Support and ambulance services. City Manager suggested a letter in
support of AB 2586.
NEW BUSINESS
Vice Mayor Janney noted the Traffic (TSP) Commission's discussion about truck parking in the
Larkspur/Rollins area; expressed her concern about families with children in area and danger; hope
TSP can help. Police Chief said area will be monitored and the TSP commission will discuss at its
next meeting.
Councilwoman Knight mentioned Councilman Fiscaro of Colma works for PG&E and told her PG&E
employees have been asked to take trucks home so that they can respond more quickly to flooding
problems during these storms" Staff noted emergency service trucks are not limited by the city
ordinance on trucks in residential areas. Councilwoman Knight was delighted to read that the totlots
will be refurbished soon. Also wanted council to know she got two calls from TCI customers who
complained that the council meeting was cut off at two hours; people are watching the meetings but
wondered why was it cut off.
Mayor Spinelli discussed the Millbrae BART Station and asked that staff watch this project carefully
because of the impacts it will have on our city.
Mayor Spinelli set appeal hearings for the next meeting, April 20, 1998, for the Planning Commission
action regarding revocation of a permit at970 David Road and approval of an accessory structure at
539 Francisco Drive.
Councilman Galligan asked if there were some way to add wording to the water bills to indicate the
days the street sweeper operates. Mayor Spinelli also suggested the water bill say on the outside it is
a Water Bill, people mistake it for junk mail.
Public Works Director informed council because of an old abandoned facility in the right-of-way a
portion of California Drive would need to be closed for the sewer project; traffic will be routed
around on Laguna Avenue and no parking would be allowed on Laguna during that approximately two
week period. Then the road closure would need to move further north and a new detour would be
made for another three week period. Residents of the area have been mailed notice of this closure.
ACKNOWLEDGMENTS
a"Commission Minutes: Beautification, March 5; Traffic, Safety and Parking, March 12; Senior,
March 19; Planning, March 23 and March 30, 1998.
Burlingame City Council 32L April6, 1998
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Department Reports: Building, February 1998.
Letter from Judy Valente regarding flooding in the Grove Avenue neighborhood and request-
ing to make a presentation to council regarding same.
ktter from BART regarding negotiations for an agreement.
ktters about the proposed Safeway plans from Marlene Juscen-Long, Don Martella and the
Hamiltons.
ktter from the Rail Passengers Association asking support for a rail line to Monterey.
ktter from Senator Kopp regarding SB 147
lrtters about the building moratorium from the Pfaffs, the Pragers and the Dewars.
Irtter from the Hamiltons and 52 form letters/faxes objecting to the plans for a new restaurant
at the Broadway Train Station.
j. ktter from Judy Love-Richmond regarding street sweeper noise and time of operation.
ktter from Mackenzie Studebaker, 9 years old, offering to collect money to rebuild the "tot-
lot" park in Parking Lot J. Mayor will respond.
Proclamations for the Week of the Young Child, April L9-25; and National Library Week,
April 19-25,1998.
CLOSED SESSION
At 9:15 p.m. the Mayor adjourned the meeting to a closed session to confer with the City Attorney
and City Manager on (a) threatened litigation: Claim of Michael & Jennifer Parr; Claim of Redwood
Crest Homeowners Association; Claim of I{oag Building; Claim of Judith Simone; and (b) labor
negotiations with the Police Officers Association (POA). Council gave direction to staff. The
meeting reconvened at 10:02 p.m.
ADJOURNMENT IN MEMORY OF FRED FR.ICKE AND CARL REYNA
Mayor Spinelli noted with sadness the recent deaths of trvo citizens - our former Fire Chief Fred
Fricke who retired a few years ago and Carl Reyna an part-time city employee and an avid fan of
local high school sports programs. After a moment of silence, the Mayor adjourned the meeting in
their memory at 10:03 p.m.
Judith A. Malfatti
City Clerk
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April6, 1998 322 Burlingame City Council