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
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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.
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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
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Burlingame City Council 463 January 20,1999