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HomeMy WebLinkAboutMin - CC - 1998.12.07BI.]RLINGAME, CALIFORNIA December 7,1998 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 at7:04 p.m. by Mayor Mary Janney. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mr. Blanchette, a potential commission applicant in the audience ROLL CALL MEMBERS PRESENT MEMBERS ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of November 16, 1998 were approved subject to revising the third paragraph on page 3 regarding discussion of removal of commissioners for non-attendance of commission meetings. Staff noted that revised wording would be brought back to council. Staff noted that the consultants from Harris & Associates to present the first public hearing were not here yet and recommended council delay that hearing until they arrive. The mayor called for the second public hearing, noting council would return to the first item. puBl-rc HEARTNG - 1998-99 COPS (CTTIZENS OPTTON FOR PUBLIC SAFETY) POLICE FUNDING PLAN Police Chief reviewed his memo of November 6, 1998 which recommended council hold a public hearing and take action. The Police Department has received $65,521.78 from the State as our city's share of the 1998-99 COPS funds. The law requires that the Police Chief present a plan to city council on how to spend these funds and a public hearing must be held. COPS funds must be used to supplement existing services. He proposed that $28,160 be spent on new equipment; $25,061.78 on overtime for disorderly conduct patrols and DUI enforcement; $4000 on the GREAT program for schools; $3000 on crime prevention to cover the cost of a police newsletter and Neighborhood Watch meetings; $2100 for training for use of the Truth Verification Analyst voice stress analyzer; $1600 for the Citizens Academy; and $1600 for the Explorer Cadet program. Council commended the Police Chief on these proposals for use of funds. Mayor Janney opened the public hearing. Howard Page, 111 Central, asked about supporting the Explorer Cadet program, noting the Boy Scouts of America (BSA) policy of excluding gays; Police Chief noted this program is part of BSA and he would be happy to share the specifics of the program with Mr. Page. There were no other comments and the hearing was closed. 445 Councilwoman O'Mahony moved adoption of the funding plan as proposed. Seconded by Council- man Galligan and carried unanimously 5-0 on voice vote. PUBLIC HEARING - PRESENTATION BY HARRIS & ASSOCIATES OF THE CALIFORNIA/ GROVE AREA STORM DRAIN MASTER PLAN STUDY - CP 9829 Councilman Spinelli stated he lived in the California/Grove area and would abstain from voting. City Engineer reviewed the memo of December 3, 1998 which recommended council hear the presentation by Harris & Associates, review and authorize staff to proceed with Phase 1 improvements to the California/Grove area storm drain system. During the rainy seasons of 1982 and 1998, severe flooding occurred within the California Drive and Grove Avenue storm drain areas and the industrial area just north of the railroad tracks; smaller floods have occurred in intervening years. Flooding directly affects both the industrial area downstream and residential area since both are drained by joint pipes leading to the Marsten Pump Station which empties into Easton Creek through the industrial area under 101 and Bayshore Highway to the San Francisco Bay. He noted that this was a part of a city-wide drainage study under way and staff would be returning to council with the findings of the entire study. He introduced representatives of Harris & Associates who displayed overhead maps of the area and explained why the area floods and various ways to improve the drainage. The total cost of needed improvements is over $9 million and work is planned in phases. Need to add new pipelines, new culverts and two pumps to the Marsten pump station, one pump would help control 10 year floods and two pumps would help control a 30 year flood event. Councilwoman O'Mahony asked if this would benefit the area east of Highway 101. Councilman Galligan wondered about impact of high tides. The consultants responded that culverts would be installed under Bayshore and Highway 101 which would be of benefit to area east of 101; the high tide issue and its effects on storm flows is a misconception. Mayor Janney opened the public hearing. Ray Valente, 1200 Grove, said he has lived there for 19 years and has experienced several severe floods; had three feet of water in the house a couple times. Kathy Williams, 1208 Grove, was relieved to see the city is taking some action; she had some questions on phasing the project. Dave Williams, 1208 Grove, noted exhibits show many deficient drainage pipelines; supported the necessity of taking steps to complete all phases; hope council approves first phase tonight. Phil Connor, a resident and small business owner on Rollins Road in industrial area discussed Mills Creek flooding. Staff noted the creek has recent silting problems from a landslide upstream; after many months, staff has finally received permits to clear the creek of two years accumulated silt. It was noted if Mills Creek overflows water flows downhill to Grove. There were no other comments and the hearing was closed. Council discussed with staff and consultants; project is worth doing with all haste; need to evaluate in terms of long range plans; homeowners have been waiting too long for relief; staff discussed budget this year of $300,000 for plans and specs for first part of Grove area project; next year's budget calls for $900,000 to start work; council should sit down with Director of Public Works to review entire plan; agree need to sit down at budget time, May or Jrlne, or earlier to plan how these projects will be funded; staff noted the California/Grove area is only one of several drainage basins in the city, the Director of Public Works wants to look at them all and has studies underway; council was also concerned about other areas, like CaliforniaiPalm rvhich experiences frequent flooding. December 7, L998 446 Burlingame City Council Councilwoman O'Mahony moved to begin implementation of Phase L improvements to the drainage area as recommended and to call for a study meeting to hear from the Director of Public Works about long range plans for drainage improvements in the city, Seconded by Vice Mayor Knight and carried 4-0-1 on voice vote, Councilman Spinelli abstaining. PUBLIC COMMENTS Davina Drabkin, a Park & Recreation Commission applicant, said she had been unable to attend an interview because it was over the Thanksgiving weekend when she was out of town; she explained her interest in serving and her qualifications. Council encouraged her to reapply in the future. COMMISSIONER APPOINTMENTS Councilwoman O'Mahony said she and Councilman Spinelli interviewed several exceptional applicants to the Beautification Commission. They recommended reappointment of Will McGowan and appointment of JoEllen Ellis and Craig Rossi. Council concurred and they were unanimously appointed. Councilman Spinelli said he and Mayor Janney interviewed some excellent applicants for the Park & Recreation Commission. They recommended reappointment of Ed Larios and appointment of Karen Dittman, Richard Minderman and Carol Muller; noting that Minderman to was serve the remainder of the unexpired term until October 2000. Council concurred and they were unanimously appointed. Vice Mayor Knight said she and Mayor Janney had interviewed for the Traffic, Safety and Parking Commission. She noted one of the incumbents, Dennis Preger, also serves as the city's appointee to the Mosquito Abatement Committee and had agreed to give up his TSP appointment. They recom- mended appointment of two new coflrmissioners, Lisa DeAngelis and James Mclver. Council concurred and they were unanimously appointed. COUNCIL COMMITTEE ASSIGNMENTS City Manager's memo of November 23, 1998 recommended the mayor make committee assignments for the 1999 year. Vice Mayor Knight asked if anyone would like to make a change with her on the budget assignments. Councilman Galligan said he would be willing to make a trade of assignments with Vice Mayor Knight. Council concurred with these changes. Councilman Spinelli moved approval of the 1999 Council Committee Assignments with Councilman Galligan doing city hall including Public Works and Vice Mayor Knight doing Police and Park & Recreation. Seconded by Councilwoman O'Mahony and carried unanimously. The mayor noted this request has been withdrawn. Burlingame City Council 447 December 7, 1998 City Manager reviewed his memo of November 23, 1998 which recommended council make appointments to the Beautification Commission, Park & Recreation Commission and Traffic Safety Parking Commission. a CONSENT CALENDAR RESOLUTION 123-98 AWARDING CONTRACT TO ROBERT A. BOTHMAN. INC. FOR LANDFILL TOP DECK IMPROVEMENTS - CP 9117(5) Public Works memo of December 1, 1998 recommended council approve a contract with Robert A. Bothman, Inc. in the amount of $4,579,950.22 to develop the soccer field, driving range and concession/pro shop structure. RESOLUTION 124-98 ACCEPTING COMPLETION OF PLAYGROUND REHABILITA- TIONS AT PALOMA PARK AND ALPINE PARK BY COLLISHAW CONSTRUCTION - cP 972t Parks Division memo of November 25, 1998 recommended council approve a resolution accepting these jobs as completed by Collishaw Construction in the amount of $119,292. The work included demolition, new fencing, new curbing, seating, drinking fountains, sand and limited landscaping. Playground equipment was installed by a separate vendor at a cost of $42,872.06. RESOLUTION 125-98 ACCEPTING COMPLETION OF BAYSIDE PARK SOCCER/ SOFTBALL FIELD LIGHTING BY MIKE BROWN ELECTRIC COMPANY - CP 9721 Public Works memo of November 24, 1998 recommended council accept this project completed by Mike Brown Electric Company at a cost of $253,238.75. APPROVING AMENDED CONFLICT OF INTEREST CODES FOR THE BURLINGAME FINANCING AUTHORITY AND THE REDEVELOPMENT AGENCY City Attorney's memo of December 1, 1998 recommended council approve the amended conflict of interest codes for the two city agencies, the Burlingame Financing Authority and the Redevelopment Agency of the City. REJECT CLAIMS OF (1) FLORAIOAK GROVE APARTMENTS: (2) XINYU WANG: (3) RICHARD AIREY City Attorney's memos of November 25, 1998 recommended council deny these claims for (1) window breakage; (2) windshield damage on Highrvay 101; and (3) sewer damage caused by tree roots. AUTHORIZE AMICUS CURIAE BRIEF IN (1) IONG VS. C17YOFR1,4Z7O: AND (2) BARNER VS. LEEDS City Attorney's memos of November 30 and November 25, respectively, recommend council authorize joinder in amicus curiae brief for (l) Long vs. City of Rialto where that city, after public hearings, abated a nuisance wrecking yard and subsequently a judge found the city removed too much junk and awarded over $2 miliion in damages against the city; and (2) Barner vs. Leeds where courts found a person who was convicted of a crime and later proven b c d e f December 7, 1998 448 Burlingame City Council to be not guilty can sue the public defender for malpractice, ignoring immunity for public employees. g. CANCEL THE CITY COUNCIL MEETING OF DECEMBER 21. 1998 City Manager's memo of November 30, 1998 recommended council cancel the meeting scheduled for December 21, 1998. PRELIMINARY REPORT FROM BLUE RIBBON TEEN COMMITTEE AND RECOM- MENDATION TO APPROVE A NEW TEEN COORDINATOR POSITION J Parks & Recreation Director's memo of December 3, 1998 recommended council approve a new fu1l time Recreation Coordinator position in the Recreation Division effective February 1, 1999. The new employee to serve as Teen Coordinator and develop and conduct recreation and activity programs for young people in the community. i. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 61123 - 61452 (excluding Library checks 61235 - 61290), duly audited, in the amount of $1,857,130.91, Payroll Checks 111848 - 112579 for the month of November 1998 in the amount of $1,196,519 .46 and Electronic Fund Transfers for November 1998 in the amount of $392,212.26, RESOLUTION 126-98 DESIGNATING THE CITY AS TRUSTEE FOR WASHINGTON MUTUAL BANK DEFERRED COMPENSATION PLAN AND ADOPTING REVISED PLAN DOCUMENT Finance Director's memo of December 1, 1998 recommended council adopt a resolution to revise the plan document and designate the city as trustee. Councilman Spinelli moved approval of the Consent Calendar. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Vice Mayor Knight commented on item "h" on the Consent Calendar, that she hoped the new employee would contact local churches which have active youth groups. Councilman Galligan noted the churches are actively involved in the Blue Ribbon committee. Councilman Spinelli reported on the Airport Roundtable meeting and attended Council of Cities. Councilwoman O'Mahony asked that a resolution supporting Alternative F2 for SFO runway expansion be placed on the next meeting agenda. Vice Mayor Knight attended the opening of a new restaurant, the Council of Cities, and the city tree lighting along with some other council members; also a Transportation Authority meeting and Airport Roundtable dinner. Councilwoman O'Mahony attended a CMAQ meeting. Councilman Galligan went to a Blue Ribbon committee meeting, Burlingame Together meeting, Council of Cities, the audit committee with Councilwoman O'Mahony and the opening of a new sports facility in South San Francisco. Mayor Janney attended CCAG, Burlingame City Council 449 December 7, 1998 h. COUNCIL COMMITTEE REPORTS Council of Cities, the city tree lighting, and the North County Cities meeting at which she heard a great presentation on history of the Colma cemeteries. OLD BUSINESS Councilman Galligan mentioned an upcoming Chamber of Commerce "Progress Seminar" to be held in Monterey in April which conflicts with the Joint Council/Planning study meeting, suggesting we reschedule the joint meeting to avoid conflict. Vice Mayor Knight said a recent article on recycling prompted her to ask about the huge yard waste containers and the difficulty of storing more waste containers; she found out that BFI can provide people with smaller containers. Councilman Galligan asked about the status of the follow-up on boats and cars being stored under the Eucalyptus trees by train tracks near Oak Grove. Councilwoman O'Mahony noted she had asked that a letter from Mrs. Fallon about group use of the Laguna tennis courts be put before council for discussion; it was noted that staff had already responded to the citizen by letter. NEW BUSINESS Mayor Janney scheduled a public hearing for the Wednesday, January 20, 1999 meeting for an appeal of the Saks Fifth Avenue, Inc. project at 1420 Burlingame Avenue. Vice Mayor Knight asked to discuss the letter under acknowledgments about appointments by the City Selection Committee. She recommended, and moved, that council direct the mayor to vote for Marland Townsend for the Air Board, Pam Rianda and Malcolm Dudley for the Transportation Authority, and Sue Lempert for MTC. Seconded by Councilwoman O'Mahony. Mayor Janney said she couldn't recall council ever before being directed on voting on City Selection appointments. Councilwoman O'Mahony and Councilman Spinelli both recalled having discussed issues and giving direction to mayors. Staff also discussed a resolution adopted in 1984 which stated the mayor shall not vote on an issue that council has not discussed. The mayor called for a vote and the motion carried 3-2, Mayor Janney and Councilman Galligan voting no. Mayor Janney noted the instruction was clear and she would honor it. Vice Mayor Knight also mentioned the need for the City Selection committee to call out which city votes for whom; they typically just call out the number of votes for each person. ACKNOWLEDGMENTS Commission Minutes: Library Board, October 20 and November l7; Traffrc Safety and Parking, November 12;Park & Recreation, Novernber 19; Planning, November 23,1998. b. Department Reports: Building, November 1998; Police, October 1998. a. December 7, 1998 450 Burlingame City Council c. d. e. f. ob Minutes of the Blue Ribbon Teen Committee, September 8, October 20 and November 17, 1998. Minutes of the Broadway BID, November 5, 1998. Letter from Ross Bruce regarding availability of the property adjacent to Broadway Parking Lot "Y. " Letter from John Webb regarding mitigation for the Airport's proposal to add runways into the Bay. Letter from Roy Sterner regarding the need for a "no parking" zone because of narrowness of street and the difficulty for emergency vehicles entering Capuchino from Lincoln Avenue. h City Selection Committee agenda for December 18 and letters from Marland Townsend, Sue Lempert, Naomi Patridge and Donald Eaton requesting appointments to certain agencies. Letter from Millbrae Mayor with resolution supporting quality health care and establishment of standard health maintenance organization (HMO) fee. ADJOURNMENT IN MEMORY OF KESOMI MAKA, DOROTHEA HUGHES AND PAULINE UMLAND Mayor Janney noted with sadness the recent death of Kesomi Maka, parks division employee for 27 years, who died suddenly before Thanksgiving; Dorothea Hughes who was a 50 year resident and had served on the Parks & Recreation Commission and the Beautification Commission; and Pauline Umland, long-time resident and mother of Burlingame Avenue merchant Peter Umland. After a moment of silence in their memory, the meeting was adjourned at 8:50 p.m. 'udith A. Malfatti City Clerk Councilman Spinelli asked Fire Chief about this letter on all city streets. The Chief noted aerial ladder trucks do not fit l. Burlingame City Council 451 December 7, L998