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
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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.
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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
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Burlingame City Council 513 April 19, 1999
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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
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April 19, 1999 514 Burlingame City Council