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HomeMy WebLinkAboutMin - CC - 1999.04.19BI.JRLINGA]IIE, CALIFORNIA April L9, t999 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 Pie Hernandez of the County Commission on Aging ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of April 5, 1999, were unanimously approved 5-0 after two changes: an addition on page 3 by Councilman Galligan in the discussion of the airport runways that council said "mitipation for the runwat fill was broupht to the attention of the airoort in November and we were not haoov that Burlineame was not included for shoreline mitigation because it is the shoreline closest to the airport runwqs" and on page 1 Councilwoman O'Mahony noted that the pledge was led by John Rubin who was *om Ba:: Relations, not the airport. Councilman Galligan also asked about the discussion of SB 15 on page 4 which mentions a consensus of council not to support the bill when the issue was brought up by Vice Mayor Knight; Knight clarified the consensus was for council to do nothing. PUBLIC COMMENTS - None RETIREMENT OF CITY CLERK Councilman Galligan stated he would prefer to appoint a qualified person to fill the unexpired term who would then run for election in 2001. Vice Mayor Knight noted 13 of the county's cities have appointed clerks, know some people feel strongly about electing representatives, but would hate to see s08 City Manager reviewed his memo of April 19, 1999, which recommended council discuss the options for selecting a new City Clerk. Attached was a memo from the City Clerk indicating she would like to retire by the end of the year and a memo from the City Attorney on the statutory duties of the city clerk and the selection process. The only qualification for the elected position is being a registered voter of the city. The majority of cities in San Mateo County, thirteen out of twenty, have appointed City Clerks. Given the administrative and technical requirements of the job, he felt it in the city's best interest to have the position appointive. This couid be by a successful ballot measure or by filling the unexpired term with a qualified person. He noted in 1991 the city had a successful ballot measure for changing the City Treasurer position from elected to appointed. The deadline for placing a measure on the November ballot is early August. Council should decide prior to August how it wishes to proceed. someone run for this office just because they want to run and not be qualified for the position; the 1991 ballot measure for treasurer worked well for the city and she supported that measure, would support a ballot measure this November and appointing someone to fill the clerk position. Councilman Spinelli agreed, this is a complicated and difficult job, think we should appoint to fill the unexpired term and the next election put on ballot to make appointed. Councilman Galligan asked if appointed who does the clerk answer to, the city council or the city manager; he was concerned about main- taining the independence of an elected clerk for important issues such as recall elections where the clerk is the only person allowed to see the petitions; elected position is for checks and balances, an elected clerk only answers to the people; if clerk is appointed by the council or the manager they may no longer be impartial. City Manager noted in the past we had a part time elected clerk who had a full time deputy, the deputy was a civil service employee. Councilwoman O'Mahony said she supported appointing to fill the unexpired term; would like to see city code have a description of the clerk position to better describe the role. City Manager pointed out many of the duties of the city clerk are described in State legislation and the city code cannot duplicate. Councilman Spinelli moved to appoint a qualified person to fill the unexpired term. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. Councilman Spinelli moved to place a measure on the ballot in November to ask the public whether or not to change the position to appointment. Seconded by Vice Mayor Knight and carried 4-1 on voice vote, Councilman Galligan voting no. Staff will bring this back to council with proposed language for the ballot measure and a process for the appointment. PROCLAMATION - OLDER AMERICAN MONTH. MAY 1999 Mayor Janney changed the order of the agenda. Then she read and presented the city's proclamation designating May as Older Americans Month to Pie Hernandez of the County Commission on Aging. INTRODUCTION OF ORDINANCE 1612 AIVIENDING THE ZONING CODE TO REVISE NONCONFORMING STRUCTURE ADDITIONS AND EI,,JLARGEMENTS City Planner's memo of February 10,1999, recomrnended council introduce the ordinance as submitted by the Planning Commission. At their March 22,1999, meeting, the Planning Commission held a public hearing on proposed changes to the Nonconforming Section, Alterations and Enlargments, of the zoning ordinance. A nonconforming structure is one built in the past with a building permit and, as it now stands, does not meet the require-ments of today's zoning code. These requirements apply to all structures in the city, wherever they are located and in whatever zone. In our present nonconforming provisions we have a special exception for applying the existing code regulations to existing residential structures, excluding accessory structures. Under this exception, nonconforming residential structures can be expanded so long as the expansion does not extend any existing nonconforming aspect of the structure" The proposed amendment clarifies that the exception for existing nonconforming includes all dimensional requirements including FAR, lot coverage and declining height envelope. Mayor Janney asked the City Clerk to read the title of the ordinance. Councilman Spinelli moved to waive further reading of Ordinance 1612. Secondeil and carried unanimously. Councilwoman O'Mahony moved to introduce Ordinance 1612. Seconded by Vice Mayor Knight and carried unanimously 5-0 by voice vote. The Mayor asked the City Clerk to publish a notice before the public hearing on May 3,1999. Burlingame City Councii s09 April 19, 1999 CHAMBER OF COMMERCE REOUEST TO HANG A 'FRESH MARKET' BANNER ON ANY AVAILABLE DATES City Manager reviewed his memo of April 7 , 1999, which recommended council make no change in our current policy or code regarding banners. The Chamber of Commerce's letter dated April 5 requested the city allow more flexibility in hanging banners for the Fresh Market. Our sign code limits banners to not more than fourteen days per year. To allow one event more time than others would be difficult. The park staff hangs and removes community banners at no charge; staff time costs the city about $100 per banner. His secretary handles over 30 different banner applications each year. In addition the city has already allowed the Chamber to place a permanent sign at the Fresh Market site at the Howard Avenue "Parking Lot W." Council noted the clty code says a banner cannot hang for more than L4 consecutive days, not 14 days per year; saw no problems with allowing this request, can show some flexibility and come to some agreement with the Chamber; noted code mentions no "commercial" applications and wonder if the "fresh market" would be considered commercial or nonprofit. Staff noted that any policy decision made will not be just for the Chamber but would apply to all banner applicants. Tim Auran, President of the Chamber of Commerce, said the Chamber is a non-profit organization and provides for nonprofits to have booths at the market; the market takes place only part of the year from April to October; not asking all the time just more than once iluring the season. City Manager said if an applicant came requesting a banner for more than 14 days he would prefer to bring to council for approval; staffcan develop new guidelines. Councilman Galligan moved to approve this request if there is a second time available in the schedule and ask for staff to develop new guidelines for banner applicants. Seconded by Councilman Spinelli and carried unanimously by voice vote. SCHEDULE SENIOR COMMISSION INTERVIEWS Mayor Janney appointed Councilman Spinelli and Councilwoman O'Mahony to interview the applicants for two position on the Senior Commission. Interviews will be scheduled before and appointments will be made at the next meeting. She noted Commission Bob Jones has withdrawn his application for reappointment because he has moved out of the city, she hoped he would return to serve again some day. Council noted one application came in after the deadline; council agreed that because of the deadline that applicant would not be considered. CONSENT CALENDAR Councilman Galligan asked to pull item "f" for discussion. Councilman Spinelli inquired about the cost overrun on the railroad crossing project, item "b. " Staff responded and explained the costs of traffic control at the four crossings in Burlingarne have been more than expected, the project is managed by Redwood City and noted it is a learning process. RESOLUTION 28-1999 AUTHORIZING TRANSi-E,R OF FUNDS FOR WASHINGTON PARK WELL. PHASE rr-b - CP 9317(1.) Public Works memo of April 12, 1999, recommended council approve transfer of funds between two water projects. The Washington Well project was budgeted in 1993 and includes improvements for delivering irrigation water to several parks and City Hall. Over the last six a April 19, 1999 510 Burlingame City Council years, technical advances and new legal requirements have resulted in modifying the project scope. As a result, in order to complete the project, additional funds are necessary. This request would transfer $40,000 in funds from the "Hillside Zone Improvements" which will be undertaken within the next five years. RESOLUTION 29-1999 AMENDING AGREEMENT WITH CITY OF REDWOOD CITY FOR RAILROAD CROSSING PROJECT - CP 9739 Public Works memo of April 13, 1999, recommended council approve an amendment to an existing agreement with the City of Redwood City to improve four railroad crossing projects in Burlingame. These projects were financed by ISTEA funds and local agency matching funds. Redwood City if the project manager and administrator of the project funds. During construc- tion, it became apparent there would be a $300,000 shortage of funds in Burlingame. Staff applied for and MTC approved a $150,000 grant with Burlingame matching share of $150,000. Redwood City will administer the srant as project manager. Burlingame's portion of funds will come from gas tax funds. (DBE) GOAL OF 10 PERCENT FOR 1999-2000 Public Works memo of April 5, 1999, recommended council approve a resolution establishing the DBE goal of 10 percent for the period of May l, 1999, to April 30, 2000. Police and Finance memo of April 7, 1999, recommended council approve an agreement with Turbo Data Systems for processing parking citations and administrative adjudication of appeals at an average price per citation of $2.13. RESOLUTION 32-1999 AUTHORTZTNG AGREEMENT WITH HILLSBOROUGH FIRE DEPARTMENT FOR FIRE VEHICLE MAINTENANCE BY BURLINGAME FIRE DEPARTMENT Fire Chief's memo of April 9, 1999, recommended council approve an agreement between the Town of Hillsborough and the City of Burlingame for Hillsborough's fire vehicles to be serviced by the Burlingame Fire Department. Removed for discussion. RESOLUTION 33-1999 CHANGING AUTHORIZED SIGNATURES FOR CITY CHECKS AND DOCUMENTS Assistant City Manager's memo of April 14, 1999, recommended council approve this resolution changing authorized signatures because of the retirement of one of the current authorized signers. d. e f. (}5' 511Burlingame City Councii April 19, 1999 b. RESOLUTION 31-1999 AUTHORIZING AGREEMENT WITH TURBO DATA SYSTEMS FOR PARKING CITATION COLLECTION PROCESSING AND ADJUDICATION f h. REJECT CLAIM OF STEVE LANGRIDGE FOR LEGAL EXPENSES City Attorney's memo of April 13,1999, recommended council deny this claim for an accumulation of legal expenses that occurred on or before December 1998. i. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 62925 - 63566, duly audited, in the amount of $2,601 ,837 .43 (excluding Library Checks 63048 - 63096); Payroll Checks 114864 - 115635 for the month of March 1999 in the amount of $1,246,427.93; and Electronic Fund Transfers for the month of March 1999 in the amount of $396,269.77. Councilman Galligan moved approval of the Consent Calendar excepting item "f. " Seconded by Councilman Spinelli and carried unanimously 5-0 by voice vote. REMOVED CONSENT CALENDER ITEM (1) RESOLUTION 34-1999 AUTHORTZING AGREEMENT WrrH WILSEY & HAM FOR PROFESSIONAL SERVICES FOR INTERCONNECTION OF NEW TRAFFIC SIGNAL AT US 101 RAMPS. ROLLINS ROAD AND CADILLAC WAY. WITH THE BROADWAY AND CALIFORNIA SIGNALS - CP 9611: and (2) RESOLUTION 35-1999 AUTHORIZING AGREEMENT WITH WILSEY & HAM FOR DESIGN FOR SIGNALIZATION AT US 101 RAMPS. ROLLINS ROAD AND CADILLAC WAY - CP 9307 Public Works memo of April 13, 1999, recommended council approve agreements with Wilsey & Ham for two projects relating to the new signals to be installed at US 101 ramps, Rollins Road and Cadillac Way. Project (1) for intcrconnection of this new signal with Broadway and California at a cost of $43,834 and Project (2) for the new signal at a cost of 985,726" These projects are funded by ISTEA funtts and matching clty funds. Councilman Galligan noted his concerns about the traffic flow and the signals on Broadway at Rollins and California; he had talked to the Public Works f)irector about this issue. Public Works Director explained this is very difficult area with three major signalized intersections and complicated by the train crossing; described signal timing of 45-55 seconds during commute traffic times, tripping signals with heavier traffic, etc; tieing these signals together with the new signal to be placed at the subject intersection of Rollins/Cadillac/lOl Ramp; the new signal interconnect and the relocation of the Broadway railroad platform should help ease the traffic flow in time. Council asked if the eastbound traffic light timing could be increased during the morning commute. Councilman Galligan moved approval of the two resolutions and contracts. Seconded by Councilwoman O'Mahony and carried unanimously b'l voice vote. COUNCIL COMMITTEE REPORTS Councilman Spinelli reported on the Airport Rouniirabie; new study on low frequency noise impacts; also attended Emergency Services Council. Councilwoman Knight told about the kgislative Committee meeting; she also presented a city proclamation to Boy Scout Troop 156 on its 75th Anniversary. Councilwoman O'Mahony attended the Progress Seminar in Monterey, told about some topics discussed there. Councilman Galligan also attended the retreat in Monterey; told about a April 19, 1999 5L2 Burlingame City Council Volunteer Awards night he and the Mayor attended. Mayor Janney noted she attended these events and also the Library Volunteers tea. OLD BUSINESS Vice Mayor Knight asked staff to keep council informed about any new plans for the area where the storage facility had been planned near Myrtle and Howard. She also noted a letter to the editor from Charles Bettencourt regarding the garbage cans and the difficulty of storing these large containers. NEW BUSINESS Mayor Janney scheduled an appeal hearing for Domino's Pizza, 224 Cahfornia, for the May 3, 1999, meeting. Councilman Galligan noted the Burlingame School District is trying to improve its communication with the citizens; he asked staff to report on the cost for al.lowing the School Board use of the Council Chambers on the 2nd and 4th Tuesday of each month for their meetings, and any funds which might be available from TCI for televising those meetings. ACKNOWLEDGMENTS Commission Minutes: Beautification,,April L; Senior, March 18 and April 2; Truffrc, Safety and Parking, April 8; Library Board, March 16; Planning, April 12,1999. b. Department Reports: Building, March 1999; Treasurer, March 31,1999 Proclamations for Earth Day, April 22; and for Older American's Month, May 1999 Letter from Ken Castle regarding the Magnolia trees on Broadway Letter from Ralph Osterling regarding constant puddles on Broadway at both Cortez and Cabrillo. CLOSED SESSION At 8:18 p.m. Mayor Janney adjourned to a Closed Session on (1) threatened litigation, claim of Enterprise Rent-A-Car (vehicle damage) and Firemans Fund (personal injury); (2) pending litigation - Devitt vs. City of Burlingame (personal injury), San Mateo Superior Court Case No. 398201; (3) determination whether to initiate litigation (zoning violations) Joel Beck dba BK Bobcat regarding 1510 Rollins Road (property owner, Caryn White Trustee, et al; property lessee, Coen Company); and (4) conference with real property negotiators Pursuant to Gov't Code $ 54956.8: Property: APN 025-164-010 and 025-165-010 and 25 foot Planting Easement extending along the Southwest side of Millsdale Industrial Park from Millbrae City Limits io apploximately Dufferin Avenue. Agency Negotiators: City Manager, City Attorney, and Public Works Director with Negotiating Party: Bay Area Rapid Transit District (BART). Under Negotiation: Purchase of Property. Instructions to include consideration for purchase, including replacement of trees to be removed. The meeting reconvened in open session at 9:08 p.m. The City Attorney reviewed that council gave direction on (1) settlement authority in the claim of Enterprise, (2) settlement authority in the claim of a. c d e Burlingame City Council 513 April 19, 1999 I Devitt, (3) authorized litigation in the zoning violations of Joel Beck dba BK Bobcat and (4) gave directions on the real property negotiations with BART ADJOURNMENT Mayor Janney adjourned the meeting at 9:09 p.m. Judith A. Malfatti City Clerk <. April 19, 1999 514 Burlingame City Council