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HomeMy WebLinkAboutMin - CC - 1998.05.04BURLINGAME, CALIF'ORNIA May 4, 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 Mike Spinelli. PLEDGE OF ALLEGIANCE TO THE FLAG kd by the six Burlingame High School honors students. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of April 20, 1998 were changed by Councilman Galligan on page 6 under Committee Reports that he "rerytgd.-onffithe Chamber meeting in the absence of Vice Mayor Janney." He also asked if it would be appropriate to mention under the roll call that she was absent because of the death of her mother, council agreed and that was added. Mayor Spinelli added on Dase 2- end of third oarasraoh the he " suDDorted the idea of a desipn review oanel." The Citv Attorney noted after the minutes were sent to council, staff added on page 2, end of 3rd paragraph, "in order to have the ordinance lgllow the same direction as the moratorium. the trigger point for design review of amendments to applications submitted or approved before March 1. loo8. should be chaneed to 2.700 SF and .45 FAR." That was also added to the motion. The minutes were then approved by 4-0-1 vote, Vice Mayor Janney abstaining because she was absent. CEREMONIAL MATTER - PRESENTATIONS TO BURI-INGAME HIGH SCHOOL HONOR STUDENTS Mayor Spinelli and council members stepped down from the dais and the Mayor called up six Burlingame High School honor students: Owen Whooley, Allen Chiu, Anselmo Chiang, Lauren White, Meaghan Working and Chris West, and presented them vrith proclamations recognizing their accomplishrnents. These students have maintained a 4.0 grade point average throughout their high school career. In addition they have been active in student government, volunteering, scouting and many extracurricular activities. Each council membel congratulated the students. Council recalled and commented on the recent Youth in Government Day in which some of these students participated. CEREMONIAL MA,TTER - BURLINGAME HIGH SCHOOL'S 75TH ANNIVERSARY CELE- BRATION Mike McQueen and Marilyn Shewbridge, Chairs of the Diamond Jubilee Committee for the 75th Anniversary of Burlingame High School, told council about a three day event planned for October 9 334 through 11, 1998 with many special activities. There will be an open house, a parade, a football game and a "Hall of Fame" reception plus a gala dinner dance. They asked for council's support of this important event. PUBLIC HEARING - RENEWAL OF THE BROADWAY BUSINESS IMPROVEMENT DISTRICT (BID) AND INTRODUCTION OF ORDINANCE 1592 RENEWING THE BID AND REDUCING THE NUMBER OF ADVISORY BOARD MEMBERS FROM ELEVEN TO SEVEN City Attorney reviewed his memo of April 28, 1998 which recommended council hold a public hearing regarding the proposed extension of the Broadway BID; reduction of the number of members of the Advisory Board from eleven to seven; and imposition of assessments for 1998-99 at the same levels and bases as in 1997-98. On April 6 council approved the BID's annual repoft and adopted a resolution of intention to renew the BID for a period of five years, reduce the number of board members and impose assessments for the coming year. May 4, 1998 was set as the first public hearing on these proposed actions. Following the public hearing, the ordinance should be introduced. A second public hearing will be held on June 1, 1998 and then the ordinance can be adopted and assessments can be adopted by resolution. Each business in the district has been notified of these hearings. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. The mayor asked the ctty clerk to read the title of the ordhance. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Vice Mayor Janney moved to introduce ORDINANCE 1592. Seconded by Councilman Galligan and carried unanimously 5-0 by roll call vote. The city attorney noted this would come back for another public hearing and adoption on June 1, 1998. PUBLIC HEARING - APPEAL ON PLANNING COMMISSION DECISION REVOKING PERMIT FOR OUTDOOR STORAGE AT 970 DAYID ROAD - UPHELD City Planner reviewed her memo of April 10, 1998 which recommended council hold a public hearing and take action. On March 23, 1998, the Planning Commission heard an appeal of the City Planner's decision that the conditional use permit for outdoor storage use at 970 David Road be revoked. The commission voted to revoke the permit and require the site be cleared of all structures, storage structures and containers within 15 days. The property owner, Joel Beck, appealed to city council; hearing was set for the April 20 meeting and subsequently the owner Beck requested postponement until the May 4,1998 meeting. ln 1994 after code enforcement by the City Attorney, the applicant BK Bobcat / Joel Beck received a permit for outdoor storage of vehicles. Subsequently two storage structures were added to the site as well as a large plywood structure in which he stores and works on large equipment. These structures were added without building permits and in violation of the use permit. d number of months ago the applicant installed electrical service to the site. The city ordered the electrical service disconnected because it didn't conform to the code requirements; since then, on occasion, Beck has used a large electric generator to continue his truck repair work at the site. It is not possible for the applicant to apply for a use permit to repair trucks at this location because the zoning code does not allow such repair business in this area. The original permit did not allow any structures on the site, only storage of trucks. The applicant has been notified numerous times to cease the illegal activities and remove the illegal structures on the site. There have also been Burlingame City Council 335 May 4, 1998 numerous complaints from neighboring businesses. Councilman Galligan asked how he got the electrical service; staff noted the service was initially to a pole, Beck then ran it into the illegal building. Councilwoman O'Mahony noted when Beck said he had a permit for the electrical, he meant the permit was for the pole. Councilwoman Knight asked about whether there are permits for what appears to be Beck's equipment stored across the street from this site; staff responded no. Mayor Spinelli opened the public hearing" Doug Last, attorney representing Joel Beck, presented a letter to council outlining their reasons for the Planning Commission decision to be reversed. Last said the property is zoned M-l and an important aspect of the property is its size; the lot is only 20 feet wide by 250 feet long and, with city setback requirements, the owner must have a variance for almost any use; Beck built a temporary structure to protect his equipment; got electric permit; they needed time to remove the wooden structure, it is gone now; desire to keep the use permit for storage because the site has no value without it; Beck has purchased another site in Hayward and will be moving the majority of the equipment to that site but he also needs a storage site on the Peninsula; asked council to give the applicant an opportunity to come into compliance. Joel Beck, applicant, said someone in planning told him the wooden structure could be built if it is a lean-to; council asked about complaints from neighbors - Beck said they are all fiom one person; asked about vehicles across street - yes they are his, he has used that site before, he thought the property owner was responsible for getting permits; council noted warnings have been issued and ignored; Beck said he is setting up in Hayward but needs a storage site on Peninsula; Beck said he was told you don't need permits for temporary buildings; council asked him if he was a general contractor - Beck replied yes - council noted general contractors are required to abide by city laws. The hearing was closed. Councilwoman O'Mahony objected to receiving a three page letter from Beck's attorney at this rneeting because council had no time to review it; with all the violations she was concerned for the safety of people working at or near that site; there have been a series of flagrant violations of city laws; she moved to uphold the Planning Commission and revoke the permit. Seconded by Vice Mayor Janney and carried unanimously 5-0 on roll call vote. City Attorney said he would prepare a resolution confirming this action for the next meeting. PUBLIC COMMENTS - None" CONSIDER COMPOSITION OF PLANNING COMMISSION City Attorney reviewed his memo of April 15, 1998. The council requested staff to provide information on how the number of members on the Planning Commission was determined. As a general law city, we are subject to state larv lvhich specifies that a planning commission consists of at least five members. Burlingame city code requires seven members. Mayor Spinelli noted at the joint City Council / Planning Commission meeting, commissioners discussed this issue and they recom- mended that the commission remain at seven members; council appreciated that discussion; had concern about the length of commission meetings, could lead to burnout; also concerned about the importance of attendance - should revisit the attenCance issue for all commissions. City Manager noted there are 14 applicants for the Planning Commission and council might want to schedule interviews and appoint an interview team. After some discussion about having entire council interview, or of splitting interviews between several teams, Mayor Spinelli appointed himself and May 4, 1998 335 Burlingame City Council Councilwoman Knight to interview for the Planning Commission on Saturday, May 16, 1998 starting at 9:00 a.m. I-IBRARY BOARD TERM EX City Manager reviewed his memo of April 23, L998 which recommended council establish June2, 1998, as the deadline for accepting applications for the Library Board. Two terms are expiring in June, Jeff Berger and Kris Cannon. Vice Mayor Janney said both trustees are doing an excellent job and she would be willing to reappoint them. Councilwoman Knight thought it important to interview them, there is a lot of interest in the library right now with the Internet issue and the new facility; there is also the need to get new people on commissions. Councilwoman O'Mahony reiterated that a fourth term on a commission should not be exceeded. Idayor Spinelli set June 2 as the deadline for applications. PROPOSED ORDINANCE SPECIFYING THAT CANDIDATES FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS MUST BE REGISTERED VOTERS OF THE CITY WHEN APPLYING FOR APPOINTMENT City Attorney reviewed his memo of April 29, 1998 which recommended council consider and introduce this ordinance if desired. This ordinance would clarify that applicants to commissions must be registered voters of the city when they apply. Councilwoman Knight questioned the current wording in the text referring to being "appointed by the Mayor subject to confirmation by council. " Council discussed with City Attorney; attorney will make some revisions to the ordinance to indicate the entire council appoints commissioners and bring it back to the next meeting. Council also discussed term lengths, staff noted state law sets certain commission's term length. PARK & RECREATION COMMISSION REOUEST FOR A BLUE RIBBON COMMITTEE TO STUDY TEEN ISSUES Park & Recreation Director's memo of April 30, 1998 informed council that at the April 16 meeting, the Park & Recreation Commission recommended council form a Blue Ribbon Committee to study teen issues. trn response to council, he reviewed programs in San Carlos and Belmont for teens; noted we only have one part time person working with teens, these other cities have more; council discussed the Burlingame Together program; composition of proposed commiffee. Councilwoman Knight suggested the "Depot" be used as a teen meeting place, it is underutilized and small, but it's a place to start. Councilman Galligan expressed concern about traffic in that area. Councilwoman O'Mahony thought using the Depot was a good idea. Parks & Recreation Director will bring back suggestions for membership for the Blue Ribbon Committee" TRANSMITTAL OF THE PROPOSED 1998-99 BUDGET AND CAPITAL PROGRAM City Manager reviewed the proposed budget. The total budget of $49,415,591 up 5.1 percent over the prior year. The general fund is up 7.1 percent; v/ater, sewer and waste enterprises are up 3.1 percent; and capital improvements increased 3.5 percent. As a result of strong revenue growth in hotel and sales taxes the budget recommended an increase of 4.75 fuIl time employees: two new police officers, a street and sewer lead worker, a library assistant II, and mid-year additions of a recreation coordinator for aquatics and a park maintenance worker for the landfill park development Burlingame City Council 337 May 4, 1998 Study meeting was scheduled for the May 20, l99B council meeting and adoption of the budget was scheduled for the June 1, 1998 meeting. Council congratulated the City Manager and staff on development of the Proposed FY 1998-99 Budget. CONSENT CALENDAR Councilwoman Knight said she would abstain from voting on item "a" regarding summer enrichment because both of her children worked in the program. a.RESOLUTION 41-98 AUTHORIZING AGREEMENT WITH BURLINGAME SCHOOL DISTRICT FOR 1998 SUMMER ENRICHMENT PROGRAM Park & Recreation memo of April 30, 1998 recommended council approve an agreement with the Burlingame School District for operation of the 1998 Summer Enrichment Program. For the past five years the school district has offered this summer program for children in the fourth through eighth grades and for some high school students and adults. The district is unable to charge user fees for this type of activity, so the city has cooperated with the district by serving as the fiscal agent for the district. In the past two years, the program has generated in excess of $150,000 in registration fees. The city retains 5 percent of the gross fees and returns the rest to the school district. RESOLUTION 42-98 AWARDING CONTRACT FOR AIRPORT BOULEVARD RECON- STRUCTION - CP 9411 Public Works memo of April 28, 1998 recommended council award the project to Satterfield & Company in the amount of $421 ,266.81. This project consists of reconstruction the roadway to provide a new bike lane, pedestrian path, public access improvements and stabilization and protection of the improvements from tidal undermining along the bay. c.RESOLUTION 43-98 AUTHORIZING LEASE AGREEMENT WITH STATE LANDS COMMISSION FOR BEACH ROAD BRIDGE PROJECT - CP 8926 Public Works memo of April 28, L998 recommended council authorize a lease agreement with the State Lands Commission in order to construct and maintain a bike pedestrian bridge across the drainage channel owned by the State Lands Commission. There are no lease fees, other than a one-time application fee of $1450. RESOLUTION 44-98 AUTHORIZING AGREEMENT FOR PREPARATION OF ENVIRONMENTAL IMPACT REPOR.TS City Planner's memo of April 28, L998 recommended council approve retaining four environ- mental consulting firms to provide service to the city in preparation of environmental analysis and documentation for a period of three years. The firms selected were EIP Associates; Environmental Sciences Associates; Lamphier and Associates; and Thomas Reid and Associ- ates. The cost of preparing a report is borne by the developer who deposits with the city the contracted amount before work begins. d May 4, 1998 2AA Burlingame City Council b" e.REJECT CLAIMS OF (1) JOSEPH MONCADA: (2) JENNIFER FU: (3) GARDEN DRIVE APARTMENTS: (T) ROB GOLDSTEIN City Attorney's memos of April 28 recommended council deny these claims for (1) personal injuries from a bicycle tall; Q) a sewer backup; (3) a sewer backup; and (4) another personal injury from a bicycle fall. Councilman Galligan moved approval of the Consent Calendar. Seconded by Vice Mayor Janney and carried unanimously 5-0 on voice vote, Councilwoman Knight abstaining from the vote on "a. " COUNCIL COMMITTEE REPORTS Councilwoman Knight attended an Eagle Scout award ceremony; reported on ALUC; also attended with the Mayor and Councilman Galligan the funeral of a Millbrae Police Officer. Vice Mayor Janney reported on CMAQ and its focus on shuttle bus services. Councilwoman O'Mahony attended CCAG financial committee; also attended events at Roosevelt School and at OLA with Councilman Galligan. Councilman Galligan also attended the funeral; he said he enjoyed the Youth in Govern- ment event with other council members. Mayor Spinelli affended the funeral for Millbrae Police Officer David Chetcuti and expressed appreciation for all police officers' devotion to duty. OLD BUSINESS Councilwoman Knight asked about a letter from the Bay Area Regional Water Quality Control Board about violations. Public Works Director explained he met with the Board representative and reviewed the improvements the city has made over the past few years. Mayor Spinelli asked about some damages caused by the contractor. NEW BUSINESS Councilwoman Knight asked staff to investigate rubbish at 1550 Rollins near 970 David. Council- woman O'Mahony was pleased to see the Airport Boulevard project beginning and congratulated staff on pursuing funding, she hoped they would look into undergrounding utilities in this area. Council- man Galligan asked about ticketing vehicles for backing into public parking lot spaces. City Attorney responded. Mayor Spinelli commented on the streetscape project beginning on Broadway at Wells Fargo Bank^ ACKNOWLEDGMENTS a.Commission Minutes: Park & Recreation, April 16; Senior, April 16; Planning, April27, 1998. Burlingame City Council 339 May 4, 1998 Mayor Spinelli scheduled public hearings for appeals for the May 18, 1998 meeting for (1) a use permit amendment to increase the number of employees at 340 Lorton; (2) for side setback and lot coverage variances and special permit for a new detached garage with workroom and toilet at 949 Chula Vista; (3) a hillside area construction permit for a nevr home at 1523 Los Altos Drive; (4) amendment to a take-out permit for Rosti's, 1108 Burlingame Avenue; and (5) a permit to extend the hours of operation of the Runway Deli and Taqueria at 1669 Bayshore. b.Department Reports: Police, March 1998. Councilman Galligan asked about changes in the number of parking citations and about sobriety checkpoints. Police Chief responded. lrtter from Duncan VanArsdale complaining of problems with TCI cable television service. Letter from Dr. Friedman suggesting trucks and vans not be allowed to park on Broadway Proclamations for "Hire a Veteran Week" May 3-9; "Public Works Week" IN'[.ay l7-23, 1998. Irtters from the Marlene Juscen-Long regarding the Safeway project and requesting trees be planted on Burlingame Avenue. ktter from Kevin and Margaret Cambellack objecting to Samtrans eliminating the 34D bus. ktter from Rector Cadillac's attorney regarding problems caused by the sewer project near the business. ktter from Burlingame Elementary School about an increase in the developer fees which the city collects for them. CLOSED SESSION At 8:43 p.m. the Mayor adjourned the meeting to a closed session to confer with the City Manager on labor negotiations with the Firefighters Union, Local 1872. Council gave direction to staff. The meeting reconvened at 9:02 p.m. ADJOURNMENT IN MEMORY OF DAVID CHETCUTI AND DAVID GYSELBRECHT Mayor Spinelli noted with sadness the recent death of two police officers, David Chetcuti of the Millbrae Police Department was who was killed in the line of duty, and of retired Burlingame Officer David Gyselbrecht who died last week. After a moment of silence in their memory, the meeting was adjourned at 9:03 p.m. Judith A. City Clerk c. d. e. f. (y6. h. I May 4, 1998 340 Burlingame City Council