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HomeMy WebLinkAboutMin - CC - 1999.01.20BIJRLINGAME, CALIFORNIA January 20, L999 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 Mary Janney. PLEDGE OF ALLEGIANCE TO THE FLAG Led by six scouts from Boy Scout Troop 156 of Burlingame. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of January 4, 1999 were unanimously approved 5-0 after an addition by Councilman Galligan on page 5 under Council Committee Reports, he also attended the "school liaison meeting". He also mentioned that during the council meeting Broadway representative Ross Bruce had talked about a meeting at which 213 af the BID representatives voted for keeping the trees. After the meeting Councilman Galligan talked to Ross Bruce and learned that only 6 people were at that BID meeting, out of over 100 members, therefore 4 people voted to keep the trees. The minutes of the Special Meeting of January 13, 1,999 were approved 3-0-2, Vice Mayor Knight abstaining because she lived in close proximity to the site and Councilwoman O'Mahony abstaining because she had been absent from that meeting. APPEAL OF PARKING VARIANCE FOR SAKS FIFTH AVENUE. 1420 BURLINGAME AVENUE - CONTINUED TO FEBRUARY 1. 1999 The City Manager acknowledged the request from Saks Fifth Avenue to continue the hearing until February I,1999. Councilwoman O'Mahony moved to continue the hearing to February 1. Seconded by Councilman Spinelli and carried unanimousiy. ADOPTION OF URGENCY ORDINANCE 1606 AMENDING CHAPTER 10.24 - CURFEW FOR MINORS AND ADOPTION OF ORDINANCE 1607 AMENDING CHAPTER 10.24 - CURFEW FOR MINORS City Attorney reviewed his memo of January 14, L999 which recommended council hold a public hearing and take action. First, council should consider whether to adopt an urgency ordinance amending the city's curfew law regarding minors. Then it should also adopt the ordinance introduced at the last meeting amending Chapter 10.24, Curfew for Minors. The proposed ordinances would establish two curfew times for minors; from 10 p.m. to 5 a.rn. for those under the age of sixteen; and from 11:30 p.m. to 5 a.m. for those sixteen but under the age of eighteen years; there are also a 458 number of exemptions. Also attached to his report was a report from the Police Chief surveying neighboring cities and providing information on the percentage of violent incidents that occur after the proposed curfew hours. He recommended council adopt both ordinances as this protects the curfew laws if a couft were to determine that the urgency ordinance was not fully justified. The Police Chief said he would like to comment after the public hearing. Mayor Janney opened the public hearing. San Mateo Union High School District Superintendent Tom Mohr spoke in favor of the ordinance and presented a letter in support; he noted that students who are out at such late hours tend to become victims or get involved in illegal activities; he said the ordinance is in keeping with the values of the community. The hearing was closed. Councilman Galligan said he went on a "ride along" with the Police one evening and there was 911 call from some teens who were assaulted, luckily they could reach a phone and called 911; he commended the police on how this was handled; later he wondered what the teens were doing out so late at night; noted there are some dangerous people out there at night; council members agreed. Vice Mayor Knight could support the urgency ordinance because it's important that the city get immediate control over the curfew situation; important people know there are exemptions for minors who need to be out late for legitimate reasons. Police Chief responded to council questions; main debate about curfew is the rights of minors, but research shows minors are more often the victims of crimes during late hours; he reviewed statistics and action of officers who encounter minors during curfew hours. The Mayor asked the City Clerk to read the title of the Urgency Ordinance. Councilman Galligan moved to waive further reading of the ordinance. Seconded by Councilwoman O'Mahony and carried unanimously. Vice Mayor Knight moved to adopt URGENCY ORDINANCE 1606 - Curfew for Minors. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Councilman Spinelli moved adoption of ORDINANCE 1607 - Curfew for Minors which was introduced on January 4, 1999. Seconded by Councilwoman O'Mahony and carried unanimously 5-0 by voice vote. The mayor asked the city clerk to publish a summary of the ordinances within 15 days of adoption. PUBLIC COMMENTS Dr. Soss who has offices at 1159 Broadway spoke about the Broadway Streetscape plan to remove the Magnolia trees on Broadway as part of the improvement plan; he noted the trees have been there for over 30 years and removing the trees is unacceptable because they are beautiful, reduce noise and reduce air pollution. Ken Castle, 1400 Drake, said he has lived here 13 years and enjoys shopping on Broadway; unclear about the procedure used to adopt streetscape plan, the plans adopted in 1996 did not specifically say the trees would be removed; he felt action was taken without a public hearing; he encouraged council to direct staff to develop further snrdies. Diane Haggart, 2265 Summit, loves trees but has always felt on Broadway would be much more appropriate to have a different tree, an evergreen; Magnolias are too big and have massive roots. Norman Utigard, 1252Paloma, thought the demonstration project in front of Wells Fargo was a "mutilation" of trees, replaced with tiny trees. Jerry Deal, 1228 Paloma, lives just off Broadway; noted the Planning Commission had nothing to do with the streetscape plans; some corlmissioners did sit on the subcommittees; in 1995 he participated in a Charrette to develop some ideas for renovating and improving Broadway; all the architectural designers noted the trees are creating a problem on Broadway; it was a tough decision but decided needed to look to future; agreed the trees planted at the Wells Fargo site are too small, city should Burlingame City Council 4s9 January 20,1999 plant more mature trees to replace Magnolias; may be a "city of trees" but also a city of younger residents pushing strollers. Several other speakers including Juliette resident on Floribunda; Diane Bennett, 428 Northampton; Ms. Frisby, II45 El Camino; T Fong, an employee on Broadway; Randy Hill, 1124 Oxford; said the Wells Fargo site is sterile looking; discussed parking problems; Magnolias are what make Broadway charming. Bud Harrison, former council member, noted in 1995 he was mayor, council appointed a committee of 20 people, merchants and residents, to choose a plan for improving Broadway; merchants felt the Magnolias blocked their store signs and advertising; there were a number of public hearings and meetings at which this was discussed and merchants participated. Will McGowan, Beautification Commission, recalled he was on Broadway streetscape committee; there was a strong interest in removing the Magnolias; he has lived here 36 years and could remember when there were no trees on Broadway; he espoused a plan to save at least the good trees located on property lines and others should be replaced with more mature narrow crowned trees, providing a mix of species which are better placed. CITY COUNCIL SALARIES City Manager reviewed his memo of January 7 , 1999 which included a survey of salaries of other city councils which range from $165 to $984. The average is $416. State law allows a 5 percent increase each year since the last increase which would result in a salary of $590 and could take effect after the next election. Burlingame's last increase was to $400 per month in May 1991, effective in November 1991. If council adopted an ordinance prior to the November 1999 election, it could increase council salaries from $400 to $590 per month effective November L999. Another option is to put the matter on the ballot. The total annual cost of increasing council salaries would be $13,278 including PERS. During the past eight years, the cumulative savings from not increasing salaries has been $55,933. Councilman Spinelli recalled discussions last year; he suggested council ask staff to look at the minimum raises given to city employees during the past eight years rather than the 5 percent law allows, that would be a good criteria upon which to base a raise in council salaries; don't view this as trying to make money but have to realize how much time council members devote to this job and all the committee meetings they attend in addition to city council meetings, time spent away from their own businesses; think it is appropriate to get some more compensation. Councilman Galligan said council is on the road a lot for city business, other cities provide their council members with computers, fax machines, cell phones, cars and other amenities; a raise could be cost of living or CPI, or based on city employee raises. Councilwoman O'Mahony agreed and also noted some agencies and redevelopment districts also give their council members stipends for attending other meetings. Councilwoman Knight said she has always stated her opposition to any increase; noted some larger cities get less than Burlingame and those other city council members also attend many extra meetings, she thought council position was mainly volunteer. Councilman Spinelli could understand her position but we should compare our budget with that of other cities; our city provides more services and council works hard and should be reimbursed. Mayor Janney said she was fortunate to have an understanding employer who allows her to take time for council work; some council members have to reduce their work hours at a loss of wages. She noted a majority of council favoring a salary increase and directed staff to come back with more information as an action item. Public Works Director reviewed his memo of January 13, 1999 which recommended council introduce this ordinance as recommended by the Traffic Safety Parking Commission. Staff also January 20,1999 464 Burlingame City Council request direction on whether to provide crossing guards as well as a crosswalk at Clarice and Quesada. The principal of Burlingame Intermediate School (BIS) requested installation of a stop sign and a crosswalk near the school after a pedestrian accident in which a student was seriously injured. The commission considered this request at its November and December meetings. In addition, residents requested supervision of pedestrians crossing Quesada. The commission recoflrmended a stop sign on Clarice and a crosswalk on Quesada at Clarice be installed; however they did not recommend at this time a crossing guard, suggesting this be revisited after the stop sign and crosswalk are installed and operating for a while. Staff recommended against the crosswalk across Quesada because there is no stop sign and it would give a false sense of security to persons crossing the street. Vice Mayor Knight recalled suggestions about 8th grade crossing guards and for a stop sign at the horseshoe driveway area in front of school; she would like to see crosswalk across Quesada on north side of Clarice. Councilman Galligan noted kids all arrive at school at the same time, 400 cars dropping kids off, parents line up and kids dart across street, we need to educate the parents in the importance of safety. Councilman Spinelli thought crosswalk on north side of Clarice would lead kids to walk through the parking lot; crosswalk at south side is across from school's sidewalk, a better location; he was also concerned about the crosswalk giving false sense of security. The Mayor directed the City Clerk to read the title of the ordinance. Councilwoman O'Mahony moved to waive further reading of the ordinance. Seconded by Councilman Spinelli and carried unanimously. Vice Mayor Knight moved to introduce the Ordinance to establish a stop sign on Clarice at Quesada. Seconded by Councilman Galligan and carried unanimously 5-0 by voice vote. Councilman Galligan moved to establish crosswalks as recofllmended by the commission. Seconded by Councilwoman O'Mahony and carried unanimously. Council discussed with staff proper signage to alert drivers about the crosswalk. Councilwoman O'Mahony moved to support having a crossing guard. Seconded by Councilman Galligan and carried unanimously. Council discussed the school installing stop signs in their parking lot; asked the Police Chief to work with the parents. Staff noted the crosswalks will be installed at the same time as all the signage is installed. CONSENT CALENDAR Councilwoman O'Mahony asked about item "c" and confirmed that the July 19 and 21 council meetings may be canceled; there was also discussion of possible changes to date of the joint Council/Planning Commission meeting; Councilman Galligan indicated he may miss a meeting in July. a, DENIAL OF CLAIM OF JAMES BUFFMIRE City Attorney's memo of January 8, 1999 recommended council deny this claim for vehicle damage (dust blown onto and into a vehicle by a leaf blower). b. WARRANTS & PAYROLL Finance Director recommended payment of Warrants 61453 - 62039, duly audited, in the amount of $2,200,972.93, Payroll Checks 112580 - 113342, for the month of December 1998, in the amount of $1,138,350.06, and Electronic Fund Transfers for the month of December 1998 in the amount of $376,014.27. Burlingame City Council 461 January 20, 1999 C. CITY COUNCIL MEETING CALENDAR CHANGE City Clerk's memo of January ll, 1999 reviewed that the State adopted SB 1693 last year which became effective January I,1999. This requires the city council to canvass the election returns and install newly elected council members on the second Tuesday after the November 2 election. Our calendar scheduled the installation of new council and election canvass for the third Tuesday, November 23. Since council had a regular meeting scheduled for November 15, she recommended council cancel the November 15 and 23 meetings and combine these meetings on November 16, 1999. RESOLUTION 5-1999 IN SUPPORT OF FERRY SERVICE FROM OYSTER POINT MARINA TO SAN FRANCISCO AND THE EAST BAY City Attorney's memo of January 13, 1999 recommended council approve this resolution expressing support of ferry service from Oyster Point Marina in South San Francisco as requested by council at the last meeting in response to a letter from the City of South San Francisco and the San Mateo County Harbor District. e OUT OF STATE TRAVEL FOR POLICE OFFICER Police Chief's memo of January 14, 1999 recorlmended council approval for School Liaison Officer Chase to attend the "School Climate & Safety Symposium" to be held at Lake Tahoe, Nevada on February 7 and 8, 1999. Councilman Galligan moved approval of the Consent Calendar. Seconded by Councilwoman O'Mahony and carried unanimously 5-0. COUNCIL COMMITTEE REPORTS Councilman Galligan attended the Blue Ribbon Teen meeting and Burlingame Together meeting, Councilwoman O'Mahony reported on the CCAG meeting and complimented the Public Works Department on coming in tops on transportation funding. Councilman Spinelli told about the Airport Roundtable meeting and Dolores Huajardo's appointment to an airport noise testing program. Councilwoman Knight attended the Convention Bureau annual luncheon, a Legislative Committee meeting and Criminal Justice. Mayor Janney attended the Convention Bureau luncheon and a Chamber Board meeting. OLD BUSINESS Councilwoman O'Mahony congratulated staff on the new code enforcement officer's report; he's done a great job. Vice Mayor Knight said she got a call today from a resident about the BFI advertisement about providing yard clipping containers; she noted BFI will also provide smaller containers to residents, if desired and they can call BFI and request them. NEW BUSINESS Mayor Janney set a public hearing for an appeal of a design review project for new home at 2104 Easton for the February l, 1999 meeting. d January 20,1999 462 Burlingame City Council a. b. ACKNOWLEDGMENTS Commission Minutes: Planning, January lI, 1999 Department Reports: Building, December 1998; Treasurer, December 31, 1998; Police, December 1998; Parks & Recreation Quarterly Report. Convention Bureau Report for December 1998. Letter from Rita Gilmore regarding the poor condition of Parking Lot N on Lorton near Howard. Letter from Ken Castle regarding the Broadway streetscape plan to remove the Magnolia trees on Broadway. Two letters from Patricia Gray regarding (1) need for a diversity of people in the city and the expensive new homes being built, and (2) the removal of Magnolia trees on Broadway. CLOSED SESSION At 8:54 p.m. the mayor adjourned the meeting to a closed session regarding pending litigation: Hughes vs. City of Burlingame, San Mateo Superior Court Case No. 404201. The meeting reconvened at 9:15 p.m. and the City Attorney reviewed that council gave instruction to staff. ADJOURNMENT The meeting was adjourned at 9:16 p.m Judith A. City Clerk c d e. f Burlingame City Council 463 January 20,1999