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HomeMy WebLinkAboutMin - CC - 1998.09.23BURLINGAME, CALIFORNIA September 23,1998 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 Mel Lipscomb. Mayor announced that this was the first meeting to be broadcast live via the local cable channel 22 ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of September 9, 1998 were approved after Councilwoman Knight noted corrections on page 3, paragraph 3, last sentence, " ... urges that all homes around the project should be considered including those to the rear of a propert.v. " She also noted on page 4, paragraph 4, first sentence should read "...about selling shirts and jackets with Burlingame GoA Center logo or other Burlingame memorabilia to the public by the center operator. " Councilwoman O'Mahony noted an addition on page 2, parugraph}, to include Father Kelly as one of the speakers during the public hearing. The minutes were approved 5-0. PUBLIC HEARING - CABLE TELEVISION FRANCHISE ORDINANCE 1600 APPROVING FRANCHISE AGREEMENT WITH TCI FOR CABLE TELEVI- SION FRANCHISE RENEWAL ORpTNANCE 1601 AMENpTNG CHAPTER 6.48 (CABLE TELEVTSTON SYSTEMS) RESOLUTION 98-98 URGING TCI TO CONSIDER ADDING THE ETERNAL WORD TELEVI- SION NETWORK (EWTN) TO ITS CHANNEL SYSTEM City Manager reviewed his memo of September 14, 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 option to increase in 408 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. On September 9, 1998 the city held a public hearing on the proposed renewal. Public comments were received on the lack of coverage for Eternal Word Television Network (EWTN) and on the proposed consent to transfer from TCI to AT&T. Council received letters from James Quinn requesting TCI provide FWTN, from Ken Castle complaining about quality of digital television and TCI sales techniques, from George and Marilyn Canon regarding the quality of service and from Karen Key about TCI providing Disney channel free of charge, as it does to adjacent communities. Under federal law the city has very limited control and cannot impose requirements regarding the provision or program content of cable services. The City Attorney has prepared for council consideration a resolution urging TCI to offer EWTN on its system. City Manager suggested council inquiries be directed to city's consultant Carl Pilnick. Councilwoman Knight commented on the number of letters received by council requesting city not get involved in a long-term franchise agreement with TCI and requested clarification about certain amenities which could be added to agreement with regard to control over TCI service within community. Mr. Pilnick reviewed 1984 cable act which deregulated cable; virnrally impossible not to renew franchise; legally difficult to get existing cable companies out; very difficult to get a new cable company in; reviewed negotiation process with cable company; recommend council consider entire cable franchise renewal agreement package and determine what are priorities; cities would like more leverage in negotiating agreements with cable service providers; the possible AT&T acquisition of TCI may be some time in the future. Councilwoman Knight inquired about the San Bruno cable system; Mr. Pilnick explained the San Bruno system is a good one and was created as a municipal system when there were no competing commercial systems in the city. Councilwoman O'Mahony inquired about the clause within the agreement regarding the 36-month period time frame; the potential acquisition by AT&T; if the city's public safety department's would have programming access for public education; requiring TCI to include EWTN in channel lineup. Mr. Pilnick noted the 36-month construction schedule is effective the date of the franchise; noted the contract is with the existing grantee and anyone that purchases franchise must honor terms of agreement; explained closed circuit links for police or fire prograflrming access which is built into city's agreement; cannot force TCI to include certain programs in channel lineup. Councilman Galligan also referred to San Bruno cable system and possibility of gaining access to San Bruno's system; inquired about contract definition of inferior signal quality. Mr. Pilnick noted a number of problems with extending such a service to other communities; explained FCC preempted all technical standards of cable systems, possible problems with signal degradation, TCI must meet technical standards, doesn't recommend using agreement as leverage for improving signal quality, suggested inviting community to report problems. Mayor Spinelli inquired about recourse for correcting unwarranted signals, i.e. picture and sound not matching. Mr. Pilnick explained cable company's responsibility. Councilman Galligan inquired Burlingame City Council 409 September 23, 1998 about channel capacity. Mayor Spinelli asked about signal quality of digital compression. Council- woman O'Mahony commented on renewal procedure addressing stated needs of community. Mayor Spinelli opened the public hearing. Representative from TCI thanked council, staff, consultant for assistance throughout negotiation process; will seriously consider community's programming requests. James Quinn, 1116 Vancouver, thanked council for support of EWTN. Art Pieretti, EWTN employee, thanked council for consideration in adding EWTN to channel programming; willing to share channel space with another network as do in other communities; offers services free but it is not in digital format at this time so need regular channel space; commercial free programming; transcends denominational lines; Half Moon Bay will soon carry channel. Michael Stecher, 2900 Hillside, supports adding EWTN to TCI channel line up; would add diversity and balance in cable service; beneficial to elderly community. Michelle Brooks, 294 Amesport Landing, Half Moon Bay, supports EWTN, have it in Half Moon Bay. The hearing was closed. Councilwoman O'Mahony endorsed idea of continuing franchise but not prepared to approve until request from community regarding EWTN is responded to since 5 percent of households in coillmu- nity are willing to use; wait until substantial evidence of positive negotiation for TCI to fit EWTN into channel lineup; community currently not happy with present accommodation. Councilman Galligan noted desirability of beginning process of improving cable quality and upgrading to digital as soon as possible. City Attorney explained time frame of franchise agreement. Councilwoman Knight mentioned continuing negotiation for EWTN channel; follow through on insistence; adopt ordinance for franchise renewal. Vice Mayor Janney concurred with action to move ahead with system improvements; council has strong commitment to continuing to establish the EWTN channel. Councilwoman O'Mahony inquired of the city attorney on the amount of negotiating leverage council would have if franchise renewal approved. City attorney replied city does not have opportunity to require TCI to carry EWTN channel; council may incorporate language in resolution requesting TCI's cooperation with adding EWTN. Council requested modification of resolution to require response by January l, 1999 on EWTN. Mayor Spinelli agreed with moving forward with cable system upgrade. Councilwoman O'Mahony moved to adopt ORDINANCE 1600 approving franchise agreement with TCI for cable television franchise renewal. Seconded by Councilman Galligan; carried unanimously 5-0 by roll call vote. Vice Mayor Janney moved for adoption of ORDINANCE 1601 amending municipal code chapter 6.48 (Cable Television Systems). Seconded by Councilman Galligan, carried unanimously 5-0 by roll call vote. Councilwoman O'Mahony moved to approve RESOLUTION 98-98 urging TCI to consider adding the Eternal Word Television Network to its channel system, with the addition of response to city council by January l, 1999 on the progress of the negotiations. Seconded by Councilman Galligan, carried unanimously. September 23, 1998 4t0 Burlingame City Council PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION DENIAL OF A REOUEST FOR THREE VARIANCES FOR A SECOND STORY ADDITION SUBJECT TO DESIGN REVIEW AT 632 VERNON WAY City Planner reviewed her memo of September 9, 1998 which recommended council hold a public hearing and take action. Ronald and Marci Martinucci and their architect Elmo Novaresi are request three variances in order to make a 1044 SF (53.6 percent increase in the structure) second story addition at 632 Vernon Way. The addition qualifies as new construction and is subject to design review. The proposed second story requires the following variances: (1) front setback for an existing 16'-10" front setback where 17'-8" is the average onthe side of the street and20' is required for an existing single car garage; (2) declining height envelope variance for a new left side second story wall which encroaches into the declining height envelope by 11 inches (28 SF of floor area); and (3) parking variance for providing one covered parking space in an existing garage where two covered parking spaces are required for new construction. The one car garage is an existing condition for this two bedroom house. The one story 1947 SF two bedroom, one bath house with 3366 SF of covered porch is being remodeled by adding a 1044 SF second story, to become a four bedroom, three bath house. The new family room on the first floor qualifies as a fourth bedroom. The new addition qualifies as new construction which requires that the existing nonconforming front setback and parking be reviewed and receive variances; new construction also requires that the project include two covered parking spaces. The Planning Commission held a public hearing on August 10 and unani- mously denied this request, noting the addition invades the back neighbor's privacy because of the placement of the house at the rear of the lot, there is a lot of space at the front which the applicants did not want to use but is available for expansion; project is very visible at the rear from adjacent properties; and the project's parking will impact the neighborhood by not providing on-site parking to support the bedroom expansion. She responded to council questions. Mayor Spinelli opened the public hearing. Elmo Novaresi, architect for residents Martinucci, reviewed history of project; showed architect's colored rendering of proposed project; effort has been made to meet code requirements; project is within setback requirements; willing to redesign declining height envelope (second story side setback) encroachment; requested council consideration of overturning planning commission decision. Lori Horn, 608 Vernon Way, real estate appraise indicated full support of project; benefit to neighbors and their home values; keep charm, appeal, and character of neighborhood. Richard Rodrigues, 609 Vernon Way, spoke in favor of project; meets integrity of neighborhood. Marge Border, 605 Vernon Way, spoke in support of project; urged council approval. Robert l*,e,34O Bloomfield, voiced support of project. Elizabeth Gommel, 628 Vernon Way, supports project; does not wish to lose neighbors; presented petition in favor signed by neighbors to council for consider- ation. Roy Evers, 621 Vernon Way, spoke on behalf of the Martinucci's project. Jose Leon, 704 Vernon Way, supports project. Ron Martinucci, 632 Vernon Way, approached council urging reversal of Planning Commission decision; wishes to remain in neighborhood and Burlingame, need Burlingame City Council 4tt September 23, 1998 Councilwoman Knight questioned design review process and impact to adjacent house to north (rear). Planner replied project setbacks at rear fall within code requirements. Councilman Galligan asked about impact of new design review guidelines and effect on appeal. Planner noted front setback and parking variances would not be required but declining height and floor area ratio variances would be required. space for family; appreciates the support of neighbors; project will raise property values in area; took into consideration privacy of neighbors to rear of property; willing to amend plans. Thomas Mooney, 639 Lexington, resides in property to the rear of subject property; is opposed to project; privacy not an issue; concerned with impact of overall structure on the rear of his house which has two prominent bay windows; new design review emphasizes neighborhood consistency and compatibility needs to be addressed here; project is in extreme close proximity to property line; diminished view and light to his property; loss of property value. Ray Tyler, 615 kxington, spoke in opposition to project. Cathy Baylock, 1527 Newlands, spoke on behalf of Mooney family and loss of privacy and view in back yard; urged council to consider privacy issue; was opposed to addition. Architect Novaresi reiterated argument on behalf of Martinucci family. Mayor Spinelli closed public hearing. Councilman Galligan noted difficult decision; visited site; project is compatible with neighborhood; would still be same loss of view to rear neighbor regardless of how far from rear lot line second story addition was placed, placed windows on new addition to respect neighbor's privacy and use of rear yard; willing to overturn planning commission decision; difficult to imagine property value would be lowered as a result of project. Councilwoman O'Mahony has no objection to parking variance or large house but has problem with bulk at rear; planning commission recoflrmendations were appropri- ate; plans should be revised to eliminate bulk; will uphold planning commission decision. Vice Mayor Janney stated difficult appeal; also visited site; believes in the rights of both propefty owners; hopes applicant will return to planning commission with alternative plan; will uphold planning commission decision. Councilwoman Knight resides in neighborhood but not in noticing area; visited area; her concern is the depth of the rear yard resulting in too mass and bulk to the rear of property; sensitive to homes and property in vicinity; will also uphold planning commission. Mayor Spinelli considered size and depth of lots in area; addition appears to encroach on rear neighbors; if reduced size and second story setback would only need design review; plans should be revised. Councilwoman O'Mahony moved to uphold the planning commission decision to deny request for three variances and request architect return to Planning Commission with revised plans. Seconded by Vice Mayor Janney, carried 4-1 by roll call vote, Councilman Galligan voting no. Mayor Spinelli called for recess at 9:45 p.m. The meeting reconvened at 9:55 p.m. PUBLIC HEARING - DESIGN REVIEW SECOND READING OF ORDINANCE 1602 TO PERMANENTLY ESTABLISH A DESIGN REVIEW PROCESS SECOND READING OF ORDINANCE 1603 TO MODIFY THE R-l DISTRICT REGULATIONS TO BETTER IMPLEMENT DESIGN REVIEW City Planner reviewed her memo of September 1.0, 1998 which recommended council hold a public hearing and take action on adoption these two 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 September 23,1998 4t2 Burlingame City Council process then they should 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-1 regulations to work better with design review. On September 9, 1998 after a public hearing council introduced these two ordinances. One person spoke noting her preference for a,three person panel for design reviews; asking for clarification of FAR and need to consider properties at the rear of a project as well as those on each side. Council did not recommend any changes to the ordinances at introduction. Council received two letters regarding design review. If adopted, the ordinances would become effective in 30 days. City planner and city attorney clarified council inquiries. Mayor Spinelli opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony moved to adopt ORDINANCE 1602 to permanently establish a design review process. Seconded by Vice Mayor Janney, carried unanimously 5-0 by roll call vote. Councilwoman Knight moved to adopt ORDINANCE 1603 to modify the R-l district regulations and clarify terms in the municipal code to better implement design review. Seconded by Vice Mayor Janney, carried unanimously 5-0 by roll call vote. PUBLIC COMMENTS Naomi Avram, Gumbinger Associates, representing 34-unit condominium project at 530 El Camino Real; responded to neighbors concerns with regard to project redesign; requested council approval of project. Todd Becker, 2116 Hillside Drive, spoke in regard to Specific Area Draft EIR proposed by City of Millbrae for development around proposed BART station; concerned with traffic impact on Burlingame streets. John Bauer, Sandpiper West, expressed support for changes and thanked council, commission, staff, and architect for cooperation with 34-unit condominium project at 530 El Camino Real. Cathy Baylock, 1527 Newlands Avenue, commended commission and staff on newly adopted design review process. RESIDENTIAL CONDOMINIUM PERMIT. A VARIANCE FOR PARKING WITHIN FRONT 530 EL CAMINO REAL City Attorney reviewed his memo of September 16,1998 which recommended council adopt a resolution affirming council findings at the August 3 meeting with revised condition number 1 reflecting plan changes. On August 3,1998 the city council held an appeal hearing for a 34 unit condominium project at 530 El Camino. Council voted to approve the project. On September 9, 1998 council continued adoption of the formal resolution approving the project so that the neighbor at 525 Almer who appealed the project and the project's architect could work on resolving concerns about the garage setbacks. In response to the neighbor concerns, the applicant has submitted revised plans that delete any garage wall or roof in the side setback area which was the focus of the neighbor concerns. The revised drawings show the parking garage cover pulled back 20 feet from the property line flanking two sides of the rear and side of the parcel at 525 Almer. With this revision all that will be built on these two portions of property line will be a retaining wall with a 7 foot tall fence on top. These improvements are similar to what is already in place at the site and will have little effect on the Burlingame City Council 413 September 23, 1998 ) neighboring property. This change reduces the private open space for units on the first floor and increases the common open space, reduces lot coverage and the footprint of each floor slightly and replaces the solid balcony walls with open vertical metal railings and adjusts two windows at the front of the building in the manager's office. Vice Mayor Janney moved to adopt RESOLUTION 99-98. Seconded by Councilwoman O'Mahony; carried 4-l by voice vote, Councilwoman Knight voting no. REOUEST TO AMEND VALET PARKING ORDINANCE TO ALLOW FEES FOR SERVICE City Attorney reviewed his memo of September 16, 1998 which recommended council direct staff whether to prepare an amendment to the Municipal Code that would allow or regulate charges to customers of valet parking on city streets or parking areas. In 1995 council adopted a comprehensive valet parking ordinance that regulated valet parking and specified that a customer cannot be charged for the service. Il Fornaio Restaurant at327 Lortonhas been the only business to take advantage of the ordinance. After three years of experience and increasing costs, Il Fornaio has asked that it be allowed to charge a nominal fee for valet parking to cover some of the costs. In order to allow a fee for valet parking services the ordinance would have to be amended. If council would like to consider amending the ordinance it should also consider whether to regulate the maximum charge, whether validation at business be allowed, and if the city should consider a charge for the loss of parking meter revenue for the valet parking zone. Councilwoman O'Mahony wished to pursue further; city should recoup costs for loss of meter revenue devoted to valet parking zone; could be put at Ralston parking lot where there is no charge; about regulating maximum charge. Mayor Spinelli inquired if valet parking for this site was part of a parking variance. Staff responded it was not. Councilwoman Knight commented on valet parking fees at local hotels; would like to have a maximum charge for valet parking but not too steep; doesn't want businesses to overcharge. Council requested city attorney to report back to council with fee comparisons of other cities. Councilman Galligan noted he would be unavailable for comment on subject at the first meeting in November. ARY OF BURLINGAME HIGH SCHOOL City Manager reviewed his memo of September 14, 1998 which recommended council decide if it wishes to approve a special event permit for the BHS Anniversary Parade on Saturday, October 10, 1998. The parade would require restricted parking on several streets in the Burlingame Avenue area for a portion of the morning plus approximately $1100 in overtime costs for the Police Department. Burlingame Avenue has not had a parade for over 20 years. At one time the high school had an annual parade but he believed it was discontinued because of complaints. On September 10 the city received an application from the BHS Diamond Jubilee Committee for a parade. The Police Department and Traffic Engineer report that there will be parking, traffic and cost impacts, ten police staff on overtime would be required to support the parade. BHS Diamond Jubilee committee chairpersons Mike McQueen and Ed Hanson presented parade details to council; noted parade will have media coverage; requested council waive city permit fee for service. September 23,1998 4L4 Burlingame City Council Councilwoman O'Mahony moved to approve request for parade on October 10, 1998, celebrating BHS 75'h anniversary and to waive fee. Seconded by Vice Mayor Janney, carried 5-0 by voice vote. City attorney noted fee waiver is reflection of BHS involvement as a fellow government agency. BART SPECIFIC AREA PLAN EIR FOR THE MILLBRAE STATION City Planner reviewed her report of September 15, 1998 which recommended council review and discuss. Council could recommend additional traffic study of Rollins/Broadway and Broadwayll}l intersections and potential impacts at other intersections. Planning staff received a copy of the Draft Environmental Impact Report prepared for the City of Millbrae for their General Plan Revision and BART/Caltrain Specific Area Plan. This document incorporates the data and findings of the BART EIR and builds on their traffic projections and other data in cumulative fashion. Staff reviewed the document to identify what effects the proposal would have on Burlingame. It was noted that the document focuses on impacts within the study area entirely within the confines of the City of Millbrae. Staff pointed out that the document did not address impacts or potential impacts on the Rollins Road/Broadway intersection; the l0l/Broadway interchange resulting from increased traffic at Adrian and Rollins; impacts on waste water flows, air emissions and off-site parking; and existing parking on California Drive in the railroad right of way south of Millbrae affected by realignment of California Drive in Millbrae which could impact adjacent businesses in Burlingame. City attorney noted that a developer could take position with regard to high density residential that this may satisfy the requirement for a specific plan and an environmental document for a high density residential development which is not a hotel. City planner noted it was a mixed-use plan. Councilwoman Knight noted BART ignored city's comments on EIR; concerned about traffic impact on Rollins Road, Adrian, and Broadway; reiterated concerns for area. Councilwoman O'Mahony felt it an important future study for city to undertake; council needs to develop a policy for staff response to such developments; require City of Millbrae to conduct traffic study at major intersections bounding Burlingame and affected by BART project; requested planning staff provide guidance to council on such projects. Councilwoman Knight concerned about staff time involved on such projects; possibility of hiring consultant. City planner noted consultant services were not necessary for initial review of such documents, may be if more technical work needs to be done. Vice Mayor noted critical nature of BART project issues and for city to be involved as much as possible. Council directed staff to respond to Millbrae's specific area plan by the September 28, 1998 deadline CONSENT CALENDAR RESOLUTION 1OO-98 IN SUPPORT OF MEASURE B. THE SAN MATEO UNION HIGH SCHOOL DISTRICT GENERAL OBLIGATION BOND MEASURE City Attorney's memo of September 11., 1998 recommended council approve a resolution urging the public's support of Measure B on the November 3, 1998 ballot to fund repairs and renovation of facilities. Councilman Galligan asked that this resolution be brought to council for approval to demonstrate support for the proposed repairs and renovations to BHS and other schools in the district. a" Burlingame City Council 415 September 23, 1998 b RESOLUTION 101-98 AUTHORIZING AMENDMENT NO. 2 TO AGREEMENT WITH PERMCO ENGINEERING FOR PROFESSIONAL SERVICES FOR THE CALIFORNIA Public Works memo of September 14, 1998 recommended council authorize Amendment No. 2 in the amount of $65,000 to the agreement with Permco Engineering for design and management of the project. This will authorize two months additional work. RESOLUTION 102-98 APPROVING AMENDMENT WITH WOODWARD-CLYDE-IN- TERNATIONAL-AMERICAS FOR CONSTRUCTION MANAGEMENT SERVICES. PHASE II LANpFTLL TOP pECK CLOSURE - CP 9117(1) Public Works memo of September 14, 1998 recommended council approve an amendment in the amount of $128,400 to the agreement with Woodward-Clyde-International-Americas. The extensive winter rains have extended the need for construction management services. d. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 59526 - 60092 (excluding Library checks 59786 - 59847), duly audited, in the amount of $2,836,434.22, Payroll Checks l092lt - 109996 for the month of August 1998 in the amount of $1 ,209,573 .74 and Electronic Fund Transfers for August 1998 in the amount of $258,570.16. Vice Mayor Janney moved approval of the Consent Calendar. Seconded by Councilman Galligan and carried unanimously. COUNCIL COMMITTEE REPORTS Councilwoman O'Mahony attended and commented on C/CAG meeting. Vice Mayor Janney attended Convention and Visitors Bureau retreat, plans to attend CMAQ meeting next Monday. Councilwoman Knight attended Criminal Justice Council, Chamber Coffee at Left at Albuquerque with council members Janney and Galligan, and plans to attend the October 23 Council of Cities. Councilman Galligan attended Blue Ribbon Committee regarding teen issues, SAMCEDA, Burlingame Together, and the Burlingame Community Golf Tournament. Mayor Spinelli attended Council of Cities and will be traveling to Long Beach to attend League of California Cities Confer- ence next week. OLD BUSINESS City attorney noted Mr. Steve Kassel, Rivera Drive, requested eucalyptus tree issue be placed on future council agenda. Fire chief reported results of matter to council. Council directed staff place item under acknowledgments. NEW BUSINESS Mayor Spinelli scheduled a public hearing for October 5, 1998 for an appeal of the planning commission decision regarding residential space over corlmercial retail space at 1155 California c September 23, 1998 416 Burlingame City Council DRIVE SEWER INTERCEPTOR PROJECT - CP 9609 a, b c d e f. (}b Councilwoman Knight reported receiving phone call from Marianne Saucedo regarding sound wall along Rollins Road; requested assistance by sending letter from city to the Transportation Authority for completing wall. Council concurred. Councilman Galligan stated that the sound of ringing cellular phones in council chambers during meetings is disruptive. ACKNOWLEDGMENTS Commission Minutes: Beautification, September 3; Planning, September 14, 1998 Department Reports: Building, August 1998; Treasurer, August 31, 1998 San Mateo County Convention & Visitors Bureau Report for August 1998 Letter from Patsy Ferguson asking council to deny the Safeway project. Letter from Gwenn Jones asking that the city provide public restrooms on Burlingame Avenue. Letter from Adam Mickevicius regarding airport noise, particularly after midnight. Letter from Claire Mack asking city to join in sponsoring "Jazz oL the Hill" and to provide banner space and shuttle bus service for the event. Letter from Patricia Gray expressing distress that council has not scheduled a meeting on airport noise as requested. Mayor Spinelli indicated he had sent letter to Ms. Gray. Letter from Tom Collins with signatures in support of garages at the rear of homes CLOSED SESSION At 11:03 p.m., the mayor adjourned to closed session to discuss with the city manager and city attorney the city's 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 City Manager; and threatened litigation on claim of sewer backup. The meeting reconvened at 11:21 p.m. The city attorney reported that directions had been given to city manager regarding labor negotiations and city attorney on claim. ADJOURNMENT IN MEMORY OF MALCOLM JACOBS Mayor Spinelli noted with sadness the recent death of Malcolm Jacobs, former Planning Commis- sioner during the 1970's and long-time resident. After a moment of silence in his memory the meeting was adjourned at lL:22 p.m. h Burlingame City Council 417 Clerk September 23,1998