HomeMy WebLinkAboutMin - CC - 1999.09.08BI.JRLINGAMB, CALIFORNIA
September 8, 1999
JOINT MEETING WITH LIBRARY BOARD
Mayor Janney convened a joint meeting of the five City Council members and five members of the
Library Board (Berger, Coar, Dunbar, Herman, Morton) in City Hall Conference Room A at 6:30
p.m. on the above date. Discussion items included internet status, Marshal Trust gift, success of
programming for adults and children, revision of library fiscal policies, and status of the Library
Foundation, Friends of Burlingame Library, and volunteer program. Council commended the Board
members for their commitment in making Burlingame library one of the best on the Peninsula.
Mayor Janney adjourned to the regular city council meeting at 6:59 p.m.
REGULAR MEETING CALLED 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 Mary Janney.
PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Martha Benson.
ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NONE
MINUTES
The minutes of the Regular Meeting of August 16,1999, were unanimously approved after
Councilwoman O'Mahony noted a correction on page 4, Council Committee Reports, last sentence,
shouldread,.....openhouseoftheteencenterinSanCarlos.,,
The minutes of the Special Meeting of August 25,1999, approved 4-0-1, Vice Mayor Knight
abstaining as a result of her absence from the meeting. The minutes of the Special Meeting of August
30, 1999, were approved 4-0-1, Vice Mayor Ifuight abstaining due to absence from the meeting.
Councilman Galligan clarified for the record the reason for Vice Mayor Knight's absence from the
two special meetings was because of a conflict of interest in that she resides near the subject site on
which council was voting.
PUBLIC HEARING - REOUEST FOR AN AMUSEMENT PERMIT FOR A SPECIAL EVENT AT
KULETO'S RESTAURANT. 1095 ROLLINS ROAD
City Attorney reviewed his memo dated September l,1999, which recommended council hold a
public hearing and take action. Kuleto's Restaurant would like to an amusement permit for a one-time
charity event on October 16, 1999 , for a piano player and 5-piece jazz band both within the restaurant
and in an event tent in the restaurant parking lot from 6 p.m. to 1 a.m. The charity event benefits the
San Mateo Boys Club, is a private affair, and the restaurant will not be open to the public. The
9
restaurant is working with the planning department on approval for the tent. The police met with the
applicants and do not anticipate any problems or concerns related to the police and additional parking
would be provided by neighboring businesses.
Mayor Janney opened the public hearing. Dan Hoban, manager at Kuleto's Restaurant, spoke in
support of the restaurant's event. Mayor Janney closed the public hearing.
Councilwoman O'Mahony moved to approve the request for an amusement permit. Seconded by
Councilman Spinelli. The motion carried unanimously.
PUBLIC HEARING - REOUEST FOR AN AMUSEMENT PERMIT FOR OCCASIONAL
PERFORMER AT FOUR GREEN FIELDS- 1107 BURLINGAME AVENUE
City Attorney reviewed his memo of September l, 1999, which recommended council hold a public
hearing and take action. Four Green Fields, a retail business on Burlingame Avenue, would like to
provide live bagpipe music as outdoor entertainment in front of their establishment two Saturdays each
month for one hour and to have fiddle, or guitar or flute at other times. This request poses a difficult
decision for the city in that if one business is allowed to provide outdoor entertainment, then other
businesses are entitled to equal consideration. Council has received one letter of opposition from the
neighboring business, Cheese Please, expressing concern about a loss of customers.
Mayor Janney opened the public hearing. Carl Martin, Studio Shop, 1103 Burlingame Avenue, has
business next door to applicant; loves music but opposes bagpipe music; is agreeable to other types of
music; has talked with owner and are trying as neighbors to reach a mutually acceptable resolution;
opposes permit as written.
Jim Curley, owner of Four Green Fields, summarized history of business; did not realize
ramifications of bagpipe music played in front of store; does not want to alienate neighbors and is
trying to work with them; does not wish city to mediate problems between neighboring businesses;
understands bagpipe music may be offensive to some individuals but wishes to maintain Irish element
to store; would like opportunity to some type of amusement from time to time; inquired about
amusement code. City Attorney clarified code pertaining to live entertainment. Councilwoman
O'Mahony inquired if indoor music would be an option; Mr. Curley responded store is small but
could be done.
Janet Martin, Studio Shop, 1103 Burlingame Avenue, opposed bagpipe music; other type of music
would be acceptable. Mayor Janney closed public hearing.
September 8, 1999 10 Burlingame Cify Council
Mayor Janney applauded neighbors working together and ipirit of cooperation. Councilwoman
O'Mahony agreed bagpipe may exceed decibel levels but is inclined to approve other types of periodic
music such as fiddle, harp, or guitar. Councilman Spinelli expressed concern about setting a
precedent for other merchants in the business districts; no problem with approving indoor music.
Vice Mayor Knight agreed with Councilman Spinelli's viewpoints. Councilman Galligan noted
bagpipe music is noisy; also inclined to not stir up controversy with neighboring merchants; indoor
music would not be an issue. Mayor Janney expressed concerned about neighboring businesses
desiring to incorporate outdoor music into store theme; inquired if applicant could return with
amended request for indoor music only. City Attorney responded council could approve indoor music
and deny outdoor music without prejudice allowing applicant to reformat application without incurring
additional permit fee.
Councilman Galligan moved to allow amusement permit for indoor music only during business hours
and deny without prejudice outdoor music. Seconded by Councilwoman O'Mahony and carried
unanimously 5-0 by voice vote.
PUBLIC HEARING - SECOND READING OF ORDINANCE 1618 CLARIFYING DUTIES OF
THE DIRECTOR OF PUBLIC WORKS TO ALLOW THE DIRECTOR TO DESIGNATE
QUALIFIED EMPLOYEES TO SIGN MAPS. PLANS AND SPECIFICATIONS
Director of Public Works reviewed his memo of August 25, 1999, which recommended council (1)
adopt this ordinance to allow the Director of Public Works to delegate certain duties to qualified
persons; he responded to council questions about responsibility; and (2) direct city clerk to publish a
summary of the ordinance within 15 days of adoption. Councilman Galligan inquired about the
qualifications required of an engineer for such duty; Public Works Director responded that engineer
be state registered.
Mayor Janney opened public hearing. There being no comments, the public hearing was closed.
Councilman Spinelli moved to approved Ordinance 1618. Seconded by Councilwoman O'Mahony
and approved unanimously 5-0 by voice vote.
PUBLIC HEARING - REMOVAL OF WEEDS AND RUBBISH FROM 124 BANCROFT ROAD -
CONTINUED FROM AUGUST 16 - Withdrawn.
City Attorney's memo of September l, 1999; stated the property has been cleaned and it appears that
the owner has met minimal non-nuisance standards.
PUBLIC HEARING - CERTIFYING EIR FOR BURLINGAME SHORELINE TRAIL (1200
BAYSHORE HrcHWAn ANp BAYFRONT TRArL GAP CLOSURE CONCEPT (1220 TO 1338
BAYSHORE HIGHWAY)
Public Works Director reviewed his memo of August 27, 1999, and introduced consultants from
Nolte Associates and Callander Associates. City Attorney noted two letters received on behalf of
USA Real Estate Investments Limited, property owner of the property located within the bay or
outboard of the trail concept area, requesting continuance of item to October 4 allowing them the
opportunity to meet with State Coastal Conservancy and BCDC in an attempt to propose an alternative
concept. City Attorney recommended council hold public hearing tonight, then continue the public
hearing to October 4 where final action may be taken.
Mayor Janney opened public hearing. Consultant Bert Verrips, Nolte Associates, gave a brief
overview of the project and procedural history. There being no further comments, the public hearing
was closed.
Councilman Galligan inquired about time table for grant funding; Public Works Director responded
that funds would need to be expended and construction complete by December 2000, or the $100,000
grant would be forfeited.
Councilwoman O'Mahony moved to continue the hearing to the regular meeting of October 4, 1999.
Seconded by Councilman Galligan and unanimously approved 5-0 by voice vote. City Attorney noted
no further public notice will be given of continuance as it was approved in open session.
Burlingame City Council 11 September 8, 1999
PUBLIC COMMENTS
Michael Barber, 1316 Palm, urged council support resolution regarding bicycle/pedestrian coordinator
for District 4 Caltrans.
DESIGNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES
CONFERENCE
City Clerk's memo of August 9, 1999, recommended council designate a council member or staff to
be voting delegate at the League of California Cities Conference in San Jose, October 10-12, 1999.
Councilwoman O'Mahony moved to appoint Mayor Janney as voting delegate at the League of
California Cities conference and Councilman Spinelli as the alternate voting delegate. Seconded by
Councilman Galligan and carried unanimously 5-0 by voice vote.
CONSENT CALENDAR
a
OF BRISBANE
Fire Chief's memo of August 23, 1999, recommended council approve resolution authorizing
agreement between the City of Burlingame and the City of Brisbane to provide vehicle
maintenance.
b. RESOLUTION 94-1999 APPROVING AGREEMENT WITH AFFINITEL COMMINICATION
FOR CITY HALL/CORPORATION YARD/PARKS & RECREATION PHONE SYSTEM
Assistant City Manager/Administrative Services Director memo of August 23, 1999, approving
agreement with Affinitel Communications to provide and install a new telephone system for city
hall, parks and recreation, and public works facilities in the amount of $105,259.
c. RESOLUTION 95-1999 AUTHORIZING AGREEMENT WITH THE CITY/COUNTY
ASSOCIATION OF GOVERNMENT FOR AB434 FUNDING FREE BEE COMMUTER
SHUTTLE
Assistant City Manager/Administrative Services Director memo of August 17, 1999,
recommended council approve resolution authorizing agreement with C/CAG providing for
funding Free Bee Commuter Shuttle in the amount of $78,523, Clean Air Act funding, for FY
t999-2000.
d. RESOLUTION 96-1999 EXPRESSING SUPPORT FOR THE APPOINTMENT OF A
BICYCLE/PEDESTRIAN COORDINATOR IN DISTRICT 4 OF CALTRANS
City Attorney's memo of August 23, 1999, recommended council request Caltrans to appoint a
bicycle/ pedestrian coordinator for District 4 overseeing the Bay Area.
September 8, 1999 t2 Burlingame City Council
E. RESOLUTION 97-1999 EXPRESSING CONCERNS ABOUT ENSURING THAT THE SAN
FRANCISCO BAY/DELTA BE PROPERLY ADDRESSED IN THE CALFED WATER
PLANNING EFFORT
City Attorney's memo of August 23, 1999, recommended council adopt resolution expressing
concerns that the San Francisco Bay and Delta be properly addressed in the current CALFED
water planning process.
f. RESOLUTION 98-1999 AWARDING CONTRACT TO CORRPRO COMPANIES. INC. FOR
THE MILLSDALE AND EAST MILLSDALE STORM DRAIN CATHODIC PROTECTION
SYSTEM - CP 9730, PHASE 2
Public Works Director memo of August 30, 1999, recommended council approve awarding
contract to Corrpro Companies, Inc. for the Millsdale and East Millsdale storm drain cathodic
protection system, CP 9720, phase 2, in the amount of $194,500.
g. RESOLUTION 99-1999 ACCEPTING STREET RESURFACING PROGRAM 1999
COMPLETED BY G. BORTOLOTTO & COMPANY - CP 9832
Public Works Director's memo of August 27 , 1999, recommended council accept the 1999 street
resurfacing program in the amount of $492,815 as completed by G. Bortolotto & Company.
h. RESOLUTIONS 1OO-1999 AND 101-1999 AUTHORIZING TWO AGREEMENT
AMENDMENTS EACH WITH CALLANDER ASSOCIATES AND URS
GREINER/WOODWARD CLYDE. BURLINGAME LANDFILL TOP DECK AND BOTTOM
DECK - CP 9117, 9117(2). 9117(3), AND 9117(7)
Public Works Director's memo of September :1,, 1999. recommended council authorize landfill
professional services: (1) $Zt+,646 for additional top deck development construction management
by Callander Associates; (2) $81,949 for additional lower deck development construction
management and document preparation by Callander Associates; (3) $87,600 for additional lower
deck closure design by URS Greiner/Woodward Clyde; and (4) $65,300 for additional lower deck
closure construction management by URS Greiner/Woodward Clyde.
RESOLUTION IO2-1999 PROHIBITING OVERNIGHT PARKING AND RESTRICTING
PARKING TO A 4-HOUR TIME LIMIT AT THE PUBLIC SHORE LOT ON ANZA
BOULEVARD
Public Works Director's memo of August 27, 1999, approving resolution prohibiting overnight
parking (2 a.m. to 6 a.m.) And to restrict parking to a 4-hour time limit at the public shore lot on
Anza Boulevard.
j. RESOLUTTON 103-1999 AWARpTNG CONTRACT TO PACIFIC UNpERGROUNp. INC.
FOR THE BURLINGAME GROVE SUBDIVISION WATER MAIN REPLACEMENT - CP
9927
Public Works Director's memo of August 24, 1999, recommended council approve resolution
awarding Burlingame Grove Subdivision water main re4lacement to Pacific Underground Inc. in
the amount of $153,045.
I
Burlingame City Council 13 September 8, 1999
K. APPROVAL OF OUT-OF-STATE TRAVEL BY WATER DIVISION ASSISTANT
SUPERINTENDENT
Public Works Director's memo of August 20, 1.999, recommended council approve out-of-state
travel (Las Vegas, Nevada) for water division assistant superintendent to affend Western Regional
Backflow Conference, October 4-6, 1999.
I. REORGANIZATION OF LIBRARY ADMINISTRATION
City Librarian's memo of August 4, 1999, recommended approval of reclassification of two
positions in the library administration unit: administrative secretary to account clerk II, and
library assistant II to secretary.
m. REJECT CLAIM OF RUTH-ANN HIJAZI FOR PERSONAL INJURY
City Attorney's memo of August 30, 1999, recommended council reject claim of Ruth-Ann Hijazi
for personal injury occurring on April 10, 1999.
n. ENCROACHMENT PERMIT FOR FENCE AT 2015 CLARICE LANE
Public Works Director's memo of August 27, 1999, recommended council approved special
encroachment permit and drawings with special condition that applicant acquire a construction
encroachment permit prior to construction.
o. AUTHORIZE CITY ATTORNEY TO JOIN AMICUS CURIAE BRIEF IN BREI44ER vS. C/ry
OF NAPA
City Attorney's memo of September 1, L999, recommended council authorize joinder in amicus
curiae brief at no cost to the city in Brewer vs City of Napa.
Councilman Galligan moved approval of the Consent Calendar. Seconded by Councilwoman
O'Mahony and carried unanimously 5-0 by voice vote.
COUNCIL COMMITTEE REPORTS
Councilman Galligan attended the Burlingame Together meeting, and second public hearing of the
Planning Commission regarding the drive-in site. Councilwoman O'Mahony went to the community
Interfaith Gathering at Temple Shalom, a CCAG administrative meeting, toured the Foster City teen
center, also the Planning Commission study meeting regarding 301 Airport Boulevard. Councilman
Spinelli attended the Airport Roundtable meeting. Vice Mayor Knight attended the Interfaith
Gathering, and a Transportation Authority field trip on the Altamont commute express.
OLD BUSINESS - None.
NEW BUSINESS
Councilwoman O'Mahony inquired on the need for a special meeting to tour teen centers in
neighboring peninsula cities. Staff noted the potential conflicts with the Brown Act and the logistics
of holding a special meeting outside of the city; City Manager noted Burlingame Together had
September 8, 1999 14 Burlingame City Council
discussed attending an upcoming council meeting. A lengthy discussion regarding the teen center
followed: Councilman Spinelli suggested placing the item on the October study session;
Councilwoman O'Mahony thought an evening meeting would be better suited for the younger people
wishing to attend; Vice Mayor Knight did not wish to revisit the matter, felt comfortable with her
vote at the previous council meeting, and would like prior knowledge of what was to be presented to
council at the next meeting; Councilman Galligan noted item may be presented differently than at the
earlier meeting; Mayor Janney noted that in working as part of the subcommittee of Burlingame
Together had spent several Saturday afternoons visiting teen center locations. A majority of the
council supported placing the Burlingame Together report on the next agenda as an information item.
Council received a request for use of council chambers for candidates night including use of camera
equipment for live telecast on local cable channel. Councilman Galligan stated he was supportive of
the idea. Council directed City Manager to follow up on the request and place item on next agenda.
ACKNOWLEDGMENTS
a. Commission Minutes: Traffic, Safety, Parking, August 12, 1999; Planning, August 23 and August
25,1999.
b. Department Reports: Police, July 1999.
c. Letter from Mayor of Foster City requesting support of three legislative bills regarding domestic
violence.
d. Letter from Jack Red, property manager for 1457 Bellevue, regarding parking limit abuse on
Bellevue.
Councilman Spinelli requested police department investigate and report back to council.
e Letter from State Controller regarding State Municipal Advisory Reform Team (SMART) repoft.
CLOSED SESSION
Council moved to closed session at 8:31 p.m. to discuss potential litigation regarding proposed
settlement of business license tax deficiency. The meeting reconvened in open session at 8:47 p.m.
The City Attorney noted council gave instruction to staff on this item.
ADJOURNMENT IN MEMORY OF MARGARET SPRINGER AND DAVID MANINI
Mayor Janney noted requests from Recreation Department and the Library to adjourn in memory of
Meg Springer, a recreation ceramics class instructor, and David Manini, husband of library employee
Joan Manini. After a moment of silence, the meeting was adj in their memory at 8:50 p.m.
Judith A. Malfatti
City Clerk
V
Burlingame City Council 15 September 8, 1999