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HomeMy WebLinkAboutMin - CC - 1998.09.09BURLINGAME, CALIFORNIA September 9, 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 Led by Jerry Deal, Planning Commission Chairman. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of August 3, 1998 were approved after an addition by Council- woman O'Mahony on page 3, paragraph 2, line 2, "meets the obfeets goals and objectives of the 1994 Housing Element. " The minutes were then approved unanimously. PUBLIC HEARING - FRANCHISE RENEWAL OF CABLE TELEVISION - CONTINUED TO SEPTEMBER 23. 1998 City Manager reviewed his memo of August 11, 1998 which recommended council hold a public hearing and take action. For the past nine months, TCI, our consultant Carl Pilnick of Telecommuni- cations and staff have been meeting regarding renewal of the city's non-exclusive CATV franchise with TCI. Under federal law, the city has limited discretion to deny franchise renewal based on specific standards which are subject to judicial review. In addition our consultant has been assisting with an update of the city ordinance regulating cable television to conform with current federal and state laws. The proposed franchise agreement will have a term of 10 years, an increase in franchise fees up to 5 percent of gross revenues (current fee is 3 percent), a two phase system upgrade, interactive network services for public buildings (city and schools),"most favored nation" in comparison with other cities, requiring upgrades to reflect state of art service, and support of a local office and including at a minimum the current coverage of annual events, monthly programs and telecasting of council meetings. Council received letters from James Quinn requesting TCI provide the Eternal Word Television Network, from Ken Castle complaining about quality of digital television and TCI sales techniques, and from the Canons regarding quality of service. Staff responded to council questions and comments; about keeping local office; possible to give 3 year contract with incentive to extend to 10 years if they complete upgrades: can we pass savings back to residents if we don't increase franchise fee; which communities have tiber optics and which provide EWTN. Mayor Spinelli opened the public hearing. Representatives from TCI were present; they responded to council comments and explained how upgrades and fiber optics would improve service; two way 398 interactive service will be available with upgrade; don't have final design and plans for upgrades, will take at least 18 months to construct and there will be some disruption of service, public will be notified before construction. Council related some problems with Channels 2,6 and 7; concern about digital, compressed signals on current lines which cannot handle current system; problems with customer service calls being routed to San Jose and impersonal button pushing and waiting. Representatives said the picture quality is fairly good for this old system, with upgrade will improve. Council asked if upgrade can be speeded up, can it be done in 12 months or 18 months. Can we expect an increase in rates with the upgrade. Council related a complaint about being charged for convertor boxes and need to make charges clear to customers; city cannot regulate rates, FCC does. Other citizens commenting: Robert Brandmeier who travels a lot and turns in his cable box so as not be charged while away for several months, when he returns has to pay $24 to reconnect; should be some arrangement for vacations. Jim Quinn would like to have Eternal Word Television Network provided by TCI, this is a Catholic channel and is wholesome and worthwhile to all citizens and all ages; had a petition signed by many residents in favor of EWTN. Mary Carson also encouraged providing EWTN. Father Kelly, OLA, spoke in favor. Jim Nantell requested council encourage TCI to provide EWTN. Pat Kelly, Hillsborough, agreed about EWTN, been involved with TCI Cable TV for 13 years; council has an opportunity to exercise some control with the TCI merger with AT&T, because they need our approval; would like to see county educational channel provided, would like public hearings before rate changes and cable coverage changes. Howard Page commented would be nice if Burlingame had its own cable system like San Bruno and Palo Alto. TCI representatives responded to comments; can look into convertor box problem; regarding programing they determine best mix for community based on customer surveys; problem is no matter what you provide or remove from programming, someone will be upset. The hearing was closed. Council discussed: sorry our consultant is not here, not prepared to vote on this until talk to him; with expanded service with digital can TCI provide EWTN; City Attorney noted TCI and EWTN have to negotiate an agreement for coverage; hard for people to get through to TCI, can the representatives carry concerns to management, would it help if council adopted a resolution asking for EWTN. Councilwoman O'Mahony moved to table this until the next meeting and to forward a strong desire of this community for TCI to provide EWTN. Seconded by Councilman Galligan and carried unani- mously. City Manager said he would try to get our consultant to be present at the next meeting. PUBLIC HEARING - DESIGN REVIEW INTRODUCTION OF ORDINANCE 1602 ADDING CHAPTER 25.57 TO ADOPT A DESIGN REVIEW PROCESS FOR CONSTRUCTION OF OR ADDITION TO ANY SECOND OR TALLER STORY IN ANY R-l DISTRICT OF THE CITY BETTER IMPLEMENT DESIGN REVIEW City Planner reviewed her memo of August 31, 1998 which recommended council hold a public hearing, take testimony and introduce the ordinances. Our interim design review ordinance expires on October 31, 1998 and new regulations must be in place at least 30 days prior to the expiration of the interim ordinance. If council wishes to delay adoption of a specific design review process it should Burlingame City Council 399 September 9, 1998 extend the current interim design review ordinance for six months. The Planning Commission held a public hearing on August 24, 1998 and recommended that council continue the present design review process to make it permanent and modify R-l regulations to work better with design review. Council asked about sign regulations regarding temporary banners; commented on the new consent calendar for Planning Commission and on limiting commission's agendas to 16 items. Mayor Spinelli opened the public hearing. Cathy Baylock commented on her belief that design review should be done by a panel or committee, not one individual; that both FAR and lot coverage should be considered for all additions, not just new projects; and that impacts on homes to the rear of a project should also be considered. The hearing was closed. Council members complimented the Planning Commission and staff on this monumental effort; liked the incentive to keep garages separate; design review is working well, should continue; glad to see the design reviewers are finally going to get together to discuss issues, disappointed they have not yet met. Councilwoman Knight said she might prefer to have a design review panel and urges that all homes around a project should be considered including those to the rear of a property. Mayor asked the City Clerk ro read the title of Ordinance t602 to Permanently Establish a Design Review process. Councilman Galligan moved to waive further reading of the ordinance. Seconded by Councilwoman O'Mahony and carried unanimously 5-0 by voice vote. Councilwoman O'Mahony moved to introduce ORDINANCE 1602. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. The mayor asked the clerk to publish a summary of the ordinance at least five days before the public hearing on Septembet 23, 1998. Mayor asked the City Clerk to read the title of Ordinance 1603 to Modify the R-1 District Regulations to Better Implement besign Review. Councilman Galligan moved to waive further reading of the ordinance. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. Council- woman O,Mahony moved to introduce oRDINANCE 1603. Seconded by Vice Mayor Janney and carried unanimously 5-0 by voice vote. The mayor asked the clerk to publish a summary of the ordinance at least five days before the public hearing on September 23, 1998. PUBLIC COMMENTS Steve Kassel distributed and reviewed papers on Eucalyptus trees and fire hazards. He apologized for his comments quoted in the newspaper; told of his pleasure in moving to Burlingame, but has serious concern about fire safety and trees near his home by Skyline and Rivera; he asked that the city clean up area. Linda Gregory, representing AFSCME, asked that council carefully review the idea of contracting out building department work. Don Cory said, regarding TCI, that he supported providing PBS stations; regarding the Eucalyptus grove along railroad tracks between Oak Grove and Morrell, he counted over 300 logs still on ground, the logs are too large to be hauled off by residents and should be ground up for mulch; one dead tree has fallen into drainage ditch; the old playground next to his house was adequate, city wasted money in rebuilding it; was concerned about drainage at that playground because they installed 15 inch high concrete perimeter which will fill with water; they also removed good equipment and a September 9, 1998 400 Burlingame Ciry Council beautiful tree and installed a ramp so that now motorcycles can drive into playground, he guessed it was for wheelchairs; finally got rid of the trucks parked on Carolan; mentioned there is a dangerous weed becoming established along the railroad tracks; this weed can disable any person or animal. City Attorney noted that the applicant, architect Paul Gumbinger, and the appellant, Henry Sorensen, are trying to negotiate a compromise which involves a change in the plans. He recommended council continue this item until September 23, 1998. GOLF DRIVING RANGE REOUEST FOR PROPOSALS (RFP) Parks & Recreation Director reviewed his memo of September 3, 1998 which recommended council review the proposed RFP for operation of the Burlingame Golf Center; authorize staff to disseminate the RFP to persons and companies who staff has identified as potential operators of the new golf range, practice center and golf shop; and appoint an interview team. In January 1998 council approved an agreement with Emerald Golf Development to assist staff in development of an operating plan and preparation of a RFP for the Burlingame Golf Center. We anticipate construction bid award in October or November and the grand opening in Spring 1999. Staff proposes the operator perform in two aspects: (1) to operate the golf range and (2) to operate the three concessions: golf instruction school, snack bar and golf shop sales. Staff expects the Golf Center to bring in revenue of between $500,000 and $1 million in its first full year of operation. Council discussed: asked if people hired to work with kids would be investigated; whether it would be a snack bar or a restaurant and if it would be accessible to all people in park or only to golf users; about selling shirts and jackets with Burlingame Golf Center logo to the public (at this time Council- man Galligan and Councilwoman O'Mahony presented each council member with a sweatshirt with AYSO logo and noted Joe's son is playing soccer under the new lights at Bayside Park tonight); asked about alcoholic beverage service; if there would be a PGA golf professional available. Staff responded there will be a snack bar which will be available to all park users or passers-by; city laws forbid alcoholic beverages in city parks; council might want to reconsider this law in golf area. Councilwoman O'Mahony moved approval of the RFP with a modification of the language regarding alcoholic beverage service, and that the Mayor be council's representative on the interview commit- tee. Seconded by Vice Mayor Janney and carried unanimously by voice vote. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE A memo from the League of California Cities requested council designate one of its members to be voting delegate for the annual conference to be held October 2-4, L998 in Long Beach, California. The mayor said he would attend and council approved appointing him as voting delegate. Councilwoman O'Mahony so moved, seconded by Vice Mayor Janney and carried unanimously Burlingame City Council 4{lL September 9, 1998 RESOLUTION REGARDING CONDOMINIUM PROJECT AT 530 EL CAMINO - CONTINUED a COMMISSIONER TERM EXPIRATIONS City Manager reviewed his memo of August 12, 1998 which recommended council establish Tuesday, October 13, 1998 as the deadline for accepting applications for positions on Beautification; Park & Recreation; Traffic, Safety and Parking; and Civil Service. Council may also wish to select interview teams for these four commissions. City Manager noted council also received a letter from Civil Service Commission Manny Flores who has moved out of town but will be moving back in a few months. Council did not think it appropriate to allow someone who lives out of town to serve. When he moves back to town he can reapply to the commission; also should consider commissioner absences when reappointing; feel serving three or four terms is too long. Council set October 13 as the deadline for applications. CONSENT CALENDAR RESOLUTION 88-98 AUTHORIZING BUDGET APPROPRIATION TRANSFER RE- OUEST FOR ADRIAN ROAD IMPROVEMENTS RESOLUTION 89-98 APPROVING CONTRACT WITH McGUIRE & HESTER FOR CONSTRUCTION OF ADRIAN ROAD IMPROVEMENTS - CP 9728 RESOLUTION 90-98 APPROVING CONTRACT WITH WILSEY HAM FOR CONSTRUC- TION MANAGEMENT FOR ADRIAN ROAD PROJECT - CP 9728 Public Works memo of August 31, 1998 recommended council approve three resolutions, authorizing a budget transfer of $150,000 from reserves to the Adrian Road project account, award the construction project to McGuire & Hester with their bid of $1,372,000 and authorize a contract with Wilsey Ham for construction management in the amount of $105,000. b.RESOLUTION 91-98 AWARDING CONTRACT TO HARRIS & ASSOCIATES FOR CALIFORNIA DRIVE AND GROVE AVENUE DRAINAGE IMPROVEMENTS - CP 9829 Public Works memo of September 2, 1998 recommended council award this contract in the amount of $49,937 to Harris and Associates for Phase 1 engineering services for the subject drainage project. Construction of the first phase of improvements will be scheduled for Spring to Fall 1999. RESOLUTION 92-98 ACCEPTING COMPLETION OF 1998 STREET RESURFACING PROGRAM BY G. BORTOLOTTO AND COMPANY - CP 9829 Public Works memo of August 26, 1998 recommended council approve a resolution accepting the 1998 street resurfacing project by G. Bortolotto and Company at a construction cost of $571,887. c September 9, 1998 402 Burlingame City Council d.RESOLUTION 93-98 AUTHORIZING AGREEMENT WITH JOHN CANESTRO FOR A FEASIBILITY STUDY OF EXPANDED USE OF CONTRACTING BUILDING DIVISION SERVICES Public Works memo of August 31, 1998 recommended council approve an agreement with John Canestro for $6,850 to study the feasibility of contracting all or part of the Building Division Services. RESOLUTION 94-98 AUTHORIZING YEAR-END BUDGET APPROPRIATION TRANSFERS Finance Director's memo of August 28, 1998 recommended council approve transferring funds as follows. The general fund budget was underspent by $334,000, however alignment of several departmental budgets is necessary due to unforeseen circumstances. The total adjustment necessary is $385,800 and is proposed to be covered by an unspent balance of $17,000 in central services, $48,000 in engineering budget and $320,800 from unreserved fund balance. Department transfers are for City Clerk, $3,100 for advertising public hearings; City Attorney, $4,900 for outside legal expense; Personnel, $3,200 for more recruitment and testing due to a large number of vacancies; Building, $10,600 for conversion of microfilm to CD-ROM; Employee Benefits, $18,000 for large number of retirements; Streets/Storm Drains, $110,000 for "El Nino" expenses; and Recreation, $236,000 for department activities, mostly BSD Summer School Program because revenues and expenses do not occur in the same year and the program has grown significantly (for 1998-99 a trust account for the Summer School Program is being established to remove both revenue and expense from the operating budget). SPECIAL EVENT STREET CLOSURE PERMIT FOR ''SAFE STREETS'' HALLOWEEN EVENT ON OCTOBER 31. 1998 City Manager's memo of August 11, 1998 recommended council approve this permit. For a second year, the Rotary Club in cooperation with various local merchants and the police and fire departments, wish to conduct a "Safe Street" program from 5:30 to 7:30 p,m. on Primrose Road between Burlingame Avenue and Donnelly with supervised activities for young children up to age 6 with their parents. RESOLUTION 95-98 AWARDING CONTRACT TO KIMKAN CONSTRUCTION FOR THE BARROILHET AVENUE WATER MAIN PROJECT - CP 9595(2) Public Works memo of September 1, 1998 recommended council award this project to KimKan Construction in the amount of $293,244. This project consists of replacing existing water main along Barroilhet between El Camino and Pepper to increase the volume of water from the city's source along Pepper to residents east of El Camino. e f o Burlingame City Council 403 September 9, 1998 h.RESOLUTION 96-98 AWARDING CONTRACT TO TENNYSON ELECTRIC FOR THE ROLLINS ROAD STREET LIGHTING IMPROVEMENTS - CP 9739 Public Works memo of September 1, 1998 recommended council award this contract to Tennyson Electric in the amount of $110,280 and to allocate an additional $150,000 for contingency. i. APPROVE PAYMENT OF PARAMEDIC JPA STARTUP COSTS Fire Chief's memo of July 6, 1998 recommended council approve payment of $4,500 from contingency funds to the San Mateo County Pre-Hospital Emergency Services JPA. RESOLUTION 97-98 ACCEPTING COMPLETION OF LANDFILL GAS FLARE PROJECT By GHTLOTTT BROTHERS CONSTRUCTION - CP 9117(A) Public Works memo of August 31, 1998 recommended council accept improvements installed by Ghilotti Brothers in the amount of $103,534 for the landfill gas flare portion of the landfill project. Public Works memo of August 27 , 1998 recommended council approve this encroachment permit for four bollards in the planting strip, subject to usual conditions. Public Works memo of August 25, 1998 recommended council approve attendance of the Water Division Supervisor at a conference in Las Vegas, Nevada on September 28-30, 1998 at a cost of $700 and for the Water Assistant Superintendent and the Public Works Superintendent at a conference in Reno, Nevada on October 5-9, 1998 at a cost of $1,500. Fire Chief's memo of August 19, 1998 recommended council approve attendance of three Fire Department staff to travel to Appleton, Wisconsin for a pre-paint and Chassis review of our new Pierce fire engine which is scheduled to be completed in October; the cost of the travel is included in the new fire engine's budget. n. REJECT CLAIM OF LOUISE TARLETON City Attorney's memo of August 31, 1998 recommended council deny this claim for vehicle damage which occurred on May 29, L998. September 9, 1998 444 Burlingame City Council j I. APPROVE OUT OF STATE TRAVEL FOR THREE PUBLIC WORKS STAFF m.APPROVE OUT OF STATE TRAVEL FOR THREE FIRE DEPARTMENT STAFF o PARKING LOT H UTILIZATION (EL CAMINO AT RALSTON) Public Works memo of September 1, 1998 recommended council continue for another six month period with the trial free parking for local business employees in this previously under used parking lot. p APPOINTMENT OF YOUTH ADVISORY MEMBER TO PARK & RECREATION COMMISSION Parks & Recreation Director's memo of September 3, 1998 recommended council appoint Gilbert Lip as a Park & Recreation Youth Advisory Commissioner for a term through June 30, 1999. Gilbert, a Burlingame resident, will be the first Mills High School student on our commission. o. WARRANTS AND PAYROLL Finance Director recorlmended approval of Warrants 58997 - 59525 (excluding Library checks 59312 - 59342), duly audited, in the amount of $2,859,133.42, Payroll Checks 108430 - 109210 for the month of July 1998 in the amount of $1,228,556.40 and Electronic Fund Transfers for July 1998 in the amount of $347,782.26. Councilwoman O'Mahony moved approval of the Consent Calendar. Seconded by Vice Mayor Janney and carried unanimously. Mayor Spinelli asked about the area encompassed by the Grove /California project. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony reported on CCAG meetings, a NASA conference at Ames Research Center and the Technological Advisory Committee of CCAG. Councilman Galligan told about the Chamber meeting he attended with Vice Mayor Janney and the Blue Ribbon Teen committee meeting Vice Mayor Janney went to Chamber Board meeting, the Convention Bureau and she asked the Fire Chief to report on the PreHospital Emergency JPB meeting. Councilwoman Knight reported on a Transportation Authority meeting. Mayor Spinelli said he presented a proclamation welcoming veterans of the Battle of the Bulge to a convention in our city; he also reported on the Airport Roundtable meeting. OLD BUSINESS Councilwoman Knight cornmented on the nice new track at Burlingame High School and asked about lack ofprogress on the pool project. NEW BUSINESS Mayor Spinelli scheduled a public hearing for an appeal of the Planning Commission action on a second story addition to 632 Vernon Way. Burlingame City Council 405 September 9, 1998 a Councilman Galligan said he spoke to Steve Kassel about splitting the cost of cleanup of his tree litter problem; he asked Kassel to put his offer in writing to the city. Galligan also gave the City Attorney a sample resolution supporting the high school bond issue. Councilwoman O'Mahony asked that council consider banning construction work on Sunday; she had received noise complaints from residents in the Adeline Drive area. City Attorney will prepare legislation. Mayor Spinelli said there is also a pickup truck parked on Adeline which blocks sight at curve making it a blind curve. Staff will check. Councilman Galligan asked the Police Chief to also check into auto transport trucks unloading at the sewer construction site near Kuleto's on Rollins. ACKNOWLEDGMENTS Commission Minutes: Park and Recreation, July 16; Planning, August l0 and24; Beautification, August 6; and Traffic, Safety and Parking, August 13, 1998. DepartmentReports: Building, July 1998; Police, July 1998; Treasurer, July 31, 1998. San Mateo County Convention & Visitors Bureau Report for July 1998. Letter from Richard Silver regarding Caltrain. Letter from Marlene Juscen-Long requesting more trees on Burlingame Avenue f. Letter from James Quinn requesting cable television provide the "Eternal Work Network. " Proclamations for: Constitution Week, September 17-24; and for Assisted Living Week, September 13-19, 1998. h. Letter from SamTrans regarding merger of Routes 43G and 78 Letter from Jim Finkerton with complaints about signs on utility poles, lack of street sweeping in bayfront area, new trash cans which leak, Broadway sidewalks, and TCI cable television. j Letter from Caltrain JPB about train services. Letter from Louis Capozzoli regarding problems with parking in Burlingame Avenue area and parking for the new Saks store. Letters from citizens in northern Burlingame asking city to join airport noise abatement program and to hold a meeting on airport noise in October. Mayor Spinelli noted the addresses of these people were not in the area which might have been covered by the airport noise abatement program, haci we adopted one. Letter from Ken Castle regarding TCI and digital television. b. c. d. e o k I m. September 9, 1998 4A5 Burlingame City Council n.Letter from Il Fornaio Restaurant requesting they be allowed to charge for valet parking Council asked that Il Fornaio's request be brought to the next meeting CLOSED SESSION At 10:00 p.m. the mayor adjourned to a closed session to discuss with City Manager, the city's labor negotiator, labor negotiations with (1) Fire Fighters Local 1872 IAFF, (2) Department Heads, and (3) Unrepresented Employees: City Manager, City Attorney, City Clerk and Secretary to the City Manager. The meeting reconvened at 10:50 p.m. The City Attorney summarized the direction to City Manager on Labor Negotiations. AJOURNMENT IN MEMORY OF MARIANNA NUNES Mayor Spinelli noted with sadness the recent death of his neighbor and good friend Marianna Nunes, who was a truly remarkable woman and would be missed. After a moment of silence, the meeting was adjourned in her memory at 10:51 p.m. Judith A. Malfatti City Clerk Burlingame City Council 407 September 9, 1998