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HomeMy WebLinkAboutMin - CC - 1999.11.01BURLINGAME, CALIF'ORNIA November l, L999 JOINT MEETING OF CITY COUNCIL AND SENIOR COMMISSION Mayor Janney called the Joint meeting of the City Council and the Senior Commission to order at 6:30 p.m. in Conference Room A of City Hall. All five council members were present and Senior Commissioners Crook, Kahn and McCormack were present. Among discussion points, Council and commissioners discussed the role of the commission; appointees to the commission; and commission- ers presented an "action plan" for the coming year. Council thanked the commissioners for their efforts. Mayor Janney said she appreciated them sharing their views with council. She adjourned the joint meeting at 6:58 p.m. and council moved to the regular meeting in the Chambers. 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 John Root ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of October 18, 1999, were unanimously approved after Councilwoman O'Mahony made two changes on page 3, third paragraph under the Design Review discussion: "concern was the aberration of the length of time for six or seven cases that took 55 days or more to complete, these should be looked at: " and in the same paragraph "...took two years to come up with a good food ordinance; noted the food ordinance has not yet been tested and had just been aooroved tonipht^ " PRESENTATION TO VICE MAYOR KNIGHT FROM CRIMINAL JUSTICE COUNCIL Sal Torres, Chairman of the Criminal Justice Council, thanked Vice Mayor Knight for her service on the Criminal Justice Council and presented her with an engraved plaque. Vice Mayor Knight commented on the pleasure of serving on the Criminal Justice Council. She introduced her daughter and son-in-law in the audience. City Attorney reviewed his memo of October 28, 1,999, which recommended council hold a public hearing and take action on a request for an amusement permit for Romy Gambirazio to operate Caribbean Gardens as a nightclub and restaurant for a six-month period that will run from the time 36 that Romy Gambirazio is issued a on-sale permit from the State Alcoholic Beverage Control. The Police Department has met with Gambirazio who will operate the business with her brother. Her liquor license is still pending with the ABC. The Police Department believes that she understands the nature o the business and will work with the Police Department as problems arise. It is recommended that council approve the permit subject to conditions, including that no special events or private parties be held at that location. Staff responded to several council questions about the history of this establishment and the conditions required for approval. Mayor Janney opened the public hearing. There were no comments and the hearing was closed Councilman Galligan moved to approve the amusement permit as recoillmended. Seconded by Vice Mayor Knight and carried unanimously 5-0 by voice vote. PUBLIC HEARING - REVIEW OF PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR REORIENTATION OF TWO LOTS, SPECIAL PERMIT FOR 1351 MONTERO AVENUE AND A LOT LINE ADJUSTMENT AT 1351 MONTERO City Planner reviewed her memo of October 26, 1999, which recommended council hold a public hearing and take action. Action should include the conditional use permit for re-emergence of two parcels previously merged by a structure, special permits for height for both new houses and design review for both new houses, and action on the lot line adjustment. The applicant, Denise Laugensen, is requesting to remove an existing two story house from a 12,000 SF lot at the corner of Montero and Hillside. The existing house is built across a property line which divides the lot into two 6000 SF lots, each 50 x 120 feet fronting on Hillside Drive. When the existing house is demolished the two lots will re-emerge. As part of the project the applicant is proposing to reorient the front of the two lots to Montero Avenue. This would create two 6000 SF lots each 60 x 100 feet. Each of the lots would be developed with a single family house and detached garage. The Planning Commission reviewed this request at its October 13 meeting and approved the request, noting orienting the lots to Montero is preferable for safety, and the height encourages a traditional style and is compatible with the neighborhood. Vice Mayor Knight asked why this was before council when it was not appealed by the applicant or a neighbor; staff noted Councilman Galligan called it up for review. Council- woman O'Mahony said the Design Reviewer said the houses met criteria, only need special permit for height, the house next door is taller; also wondered why we are reviewing; noted code section 25.28.060 allows such design with steeper roof with special permit instead of a variance. Councilman Galligan noted it was the first Design Review issue that was recoillmended against by the Design Reviewer and yet the Planning Commission approved it, therefore he thought it should be seen by council; asked about the findings for special permit for height; how was height measured on this lot which slopes up toward the rear; staff responded from top of curb. Councilman Spinelli asked about the size of the easement on Montero side of property. Mayor Janney opened the public hearing. Representing the applicant was Elden Berg, attorney, who noted the architect was present if council had questions; he listed reasons that the project should be approved; lot reconfiguration is for traffic safety and to preserve the beautiful back yard of the existing house; regarding the tree that must be removed, it has a split trunk which weakens a tree; Design Reviewer liked architectural character; two issues, had to remove healthy Redwood tree in order to place the detached garage at the rear of the lot as is the pattern in neighborhood and special permit for height was designed to be used in such a case as this to deliver a traditional design in new construction; present house is deteriorating; new houses will increase the value of the neighborhood. Burlingame City Council 37 November L,1999 Also speaking in favor of the project was Dean Nicholsen, 2609 Hillside, who stated if project is required to be lowered by excavation it would need a large retaining wall. Speaking in opposition was Natasha Neilsen, 2525 Hillside, she read a letter she wrote to council; noted they remodeled their house eight years ago and were required to lower the height of the Tudor style house which they did and ended up with an attractive design; she believed the special permit for height should be denied; also felt the driveway access should be divided with one on Hillside and one on Montero, good visibility here on Hillside and would reduce impact on Montero. Bill Boller, 1508 Arc Way, felt that only one house should be built and second lot should become public open space. The applicant did not wish rebuttal. The hearing was closed. Councilwoman O'Mahony said she was impressed by the design, would be beautiful houses; noted the ordinance was changed to allow an increase in height for just this reason. Councilman Spinelli objected to bringing this before council when Planning Commission approved it, felt it a waste of time for applicant and council. Councilman Spinelli moved to uphold the Planning Commission action with findings and conditions in staff report. Seconded by Councilwoman O'Mahony. On the motion: Councilman Galligan said he wanted to review this project for reasons stated earlier; the measurement of height is affected by the slope of the lot, the house is actually only 30 feet high from adjacent grade, this was a finding for the variance. Council members all commented they would support approval. The motion to approve carried unanimously 5-0 on voice vote. Councilwoman O'Mahony moved approval of the lot line adjustment for 1351 Montero. Seconded by Vice Mayor Knight and carried unanimously. PUBLIC COMMENTS Mayor Janney noted people who wish to comment on the golf contract could speak when council considers it later in the meeting. Elvita Schneider spoke regarding a letter listed under acknowledgments about the removal of trees on Capuchino Avenue for the sidewalk repair job; residents were pleased that sidewalk repairs were being done but should have been notified earlier, and did not receive notice about the tree removals until after the trees were gone; realize they were sick and needed to be removed but should have notified residents in a more timely manner; hope mature trees will be installed to replace them. Angelo Delacasa aired some complaints about his neighborhood and staff said he would call the City Attorney tomorrow. ALTERNATIVES FOR OPERATION OF THE BURLINGAME GOLF CENTER - RESOLUTION 116-1999 APPROVING CONTRACT WITH OPERATCR City Manager reviewed his memo of October 26, L999, which recommended council consider an agreement with VB Golf for operation of the city golf center and the staff proposed alternative approach. Council should select one of the two alternatives so that the city can proceed with opening the city's golf center in the Spring of 2000. In September 1998, council authorized an RFP for a golf operator and formed a committee to interview operators and make a recommendation to council. After review, the committee selected VB Golf, the operator of Mariner's Point in Foster City, for negotiation of an operating agreement. After over nine months of negotiations, the golf committee November I, 1999 38 Burlingame City Council and staff have developed an agreement with VB Golf for council consideration. The initial term of the contract is five years with three renewal options. The operator will receive a fixed management fee of $21,500 per month plus an incentive fee based on gross receipts derived from range ball and other city revenues collected by the operator. For this fee the operator must provide all staff for the range, lessons and food operation. The city receives all revenue from range operations and a percentage of lessons, merchandise and food sales. While VB Golf is clearly qualified to operate the golf center, staff has become increasingly concerned during the nine months of negotiations that VB Golf may not have the understanding or flexibility to operate the city facility as a public recreation facility. An alternative is for the city to operate the golf center on an interim basis using existing staff plus new part time or short term contract employees. The city should also explore the possibility of sharing services with the City of San Mateo's golf course. Vice Mayor Knight was intrigued by the alternative of city running golf business, it would not preclude the city going out at any time for a contract; concerned about the long term of the contract. Councilwoman O'Mahony was also very concerned about some points in the contract and about the length of term of the contract; she wanted emphasis to be on recreation for citizens of Burlingame so was concerned about restrictions on public use; can't accept this contract. Councilman Spinelli said negotiations were a long painful process; golf committee worked very hard; thanked VB Golf for its efforts and think they could do the job but was getting discouraged with last minute changes; concerned about their flexibility so reluctant about long term contract; maybe doing it ourselves would be better for a couple years. Vice Mayor Knight said she thinks VB golf is capable but she listens to staff who have increasing concerns about working with VB Golf; easier to do it ourselves than have someone in place we cannot work with. Councilman Galligan asked about city costs of contract or short-term employees, benefits, payroll taxes, etc, if city runs site; city staff is not familiar with running a for-profit business; asked about cash management procedures and responsible parties, it was noted there would be close oversight by city. It was noted VB Golf agreement was on last council agenda but was withdrawn and no action was taken. Mayor Janney asked if representatives from VB Golf would like to speak. Bill VerBrugge, VB Golf, distributed three handouts of (1) the changes that were made to the contract, noting they were all minor changes; (2) cash control procedures for his business; and (3) commendations from various charitibable agencies; he noted the contract was drafted by an outside consultant, not by his business or by the city and there were many revisions with it; feel they are well qualified to run this business; have been nationally rated in top 10 in golf facilities; had a disagree- ment on number of stalls for lessons, will do whatever it takes to accofiImodate city needs; first two years of this range will be the most important to its reputation and is vital it is done right; he and many employees live in Burlingame, member of Lions Club and future member of Rotary; willing to work with hotels to encourage referrals; rritally important that the golf range opens under professional management. VerBrugge introduced his father, Warren VerBrugge, president of the company, who also urged approval. Nancy Dees, resident and employee of VB Golf, told about working with merchandising and cash controls; city built a great facility, now get a great operator. Sam Malouf, Burlingame Avenue businessman, said City has a great investment, don't ask amatuers to run it, need professionals; maybe after the first five years the city can consider running it, but not at beginning. Anthony Blair, founder of World Wraps, spoke about the importance of i;ash control and experience; noted negotiations are always tough; thought VB Golf would do a great job. John Root, 1407 Montero, spoke of private operation of public facilities. The public comments were closed. Burlingame City Council 2r|November I,1999 Council discussed: Councilman Galligan noted he was the only vote against the golf facility two years ago, but now he wants to see this done right; can't see the city running a retail business and merchandising; want to guarantee this is a professionally run facility, would like to see VB Golf contract approved. Councilman Spinelli noted this is a hard decision, listened to all the comments and have been swayed; agreed we need to do the right thing and have the best; worry if in six to eight months will be able to negotiate changes needed; VB has the track record and reputation, VB needs to work more diligently with city. Mayor Janney agreed, VB has the business experience and means to take care of problems. Councilwoman O'Mahony was still not comfortable with the contract and renewal options and VB caring for residents' needs. Staff responded to her questions regarding the contract, the initial term of the agreement is five years; after first five years, there is a buy-out clause for city taking over; staff would like shorter term and VB would like longer term; five years is workable. Councilman Galligan noted can review contract in four years and rewrite if want to. Vice Mayor Knight said she was impressed by the speakers in favor of this contract but think city would maintain more control if they operated, sc still have to go with support of staff. Councilman Galligan moved to approve a contract with VB Golf by adopting RESOLUTION 116- L999. Seconded by Councilman Spinelli and carried 3-2,Yice Mayor Ifuight and Councilwoman O'Mahony voting no. City Manager reviewed his memo of October 22, 1999, which recommended council adopt a resolution making council policy on rotation of officers. Councilman Galligan suggested instead of drawing straws in the case where two or more new council members are elected, that the ranking of these new council members be based on the number of votes received by each one. After some discussion, council decided to leave it at drawing straws. Councilman Galligan moved to adopt RESOLUTION 1L7-1999 Approving a Policy for Rotation of Council Officers. Seconded by Councilman Spinelli and carried unanimously by voice vote. COMMISSION APPLICANTS City Manager reviewed his memo of October 27,1999, which recommended council direct staff to extend the filing date to November 22, L999 for the Beautilication Commission and Park & Recreation Commission and either reappoint or schedule interviews for the other three commissions to which only the incumbents have applied. Council discussed: need to notify former applicants; asked press to publicize. Councilwoman O'Mahony moved to extend the filing deadline for all to November 22 and bring back to council on December 6,1999. Seconded by Councilman Spinelli and carried unanimously. CONSENT CALENDAR RESOLUTION 118-1O9q AUTHORIZING BUDGET AMENDMENT FOR REPLACEMENT OF Y2K NON-COMPLIANT EQUIPMENT Finance Director's memo of October t9, 1999, recommended council approve a resolution authorizing a transfer of $55,000 in funds within Capital Improvements for replacement of personal computers, voice mail system upgrades and a Planning Commission controller in the library. a November 1, 1999 40 Burlingame City Council b. INFORMATION ON Y2K PREPARATIONS Fire Chief's memo of October 22, 1999, recommended council approve the Emergency Operations Center and Fire Department staffing plans for New years 2000 with about 80 hours of overtime pay for the additional staffing. Vice Mayor Knight moved approval of the Consent Calendar. Seconded by Councilman Galligan and carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS OLD BUSINESS Councilman Spinelli asked that staff implement the staff recommended proposal for the yellow zone on California at Burlingame Avenue, rather than the proposal recommended by the Traffic Commission. Councilman Spinelli moved to direct staff to implement the staff proposal. Seconded by Councilwoman O'Mahony and carried unanimously. Councilman Galligan noted while we eliminated the cars parked south of the hospital driveway, now cars "for sale" are parked all weekend north of the Peninsula Hospital driveway. He asked staff to look into eliminating this. ACKNOWLEDGMENTS Commission Minutes: Traffic, Safety and Parking, October 14; Beautification, October 7; Senior, October 21;Planning, October 25, t999. Police Department Report for September 1999 Letter from Victoria Moyer regarding need for a Senior facility and a full-time Senior Coordinator. Information Report on yellow loading zone changes at 301 California Drive and parking meter time limit changes at 311 California Drive. Letter from Robert Schneider, also signed by 3l residents of Capuchino Avenue, regarding sidewalk repairs and tree removals on Capuchino. f. Report from City Planner on the State mandated Annual Review of the city's General Plan a b c d e Burlingame City Council 41 November 1,1999 Councilman Galligan attended a Council of Cities meeting and the well-attended "Safe Streets" event, about 1000 children were there on Halloween. Councilwoman O'Mahony went to CMAQ, Council of Cities, retirement party for Jerry Haugh and attended ALUC for Vice Mayor Knight. Councilman Spinelli reported on the Airport Roundtable. Vice Mayor Knight also went to the Council of Cities held at the new San Carlos Library. Mayor Janney attended CMAC, the retirement of Jerry Haugh and she and the City Clerk also entertained 45 second grade school children from McKinley School today at city hall. CLOSED SESSION Council rnoved to a closed session at9 46 p.m. for (1) a conference with the City Attorney regarding threatened litigation and authorization to initiate litigation in the Claim of Tony Gulla on sidewalk repairs; (2) conference with city's Real Property Negotiators, the City Manager, City Attorney and Director of Public Works, regarding purchase of property at L347 North Carolan and 1369 North Carolan, represented by the Hurt Trust and the Huppe Tmst; and (3) a conference with the city negotiator (City Manager) on labor relations with AFSCME Local829. The meeting reconvened at 10:30 p.m. with all members present and the City Attorney reported that council directed staff regarding the claim, authorized staff to make an offer for purchase of property and gave direction to staff regarding AFSCME Local 829 negotiations. ADJOURNMENT IN MEMORY OF JOSEPH MALLAMO, MR. MURTURZA AND GRANT MORGAN Mayor Janney noted the recent deaths of Joseph Mallamo and Mr. Murturza, the fathers of employees Bob Mallamo and Syed Murnrrza. She also noted the death of a retired employee, Grant Morgan. After a moment of silence in their memory, the meeting was adjourned at 10:32 p.m. Judith A. City Clerk November l,1999 42 Burlingame City Council