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HomeMy WebLinkAboutMin - CC - 1999.05.17BI.]RLINGAME, CALIFORNIA Nday 17, 1999 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 James Quinn. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: GALLIGAN, JANNEY, KI.UGHT, O'MAHONY SPINELLI MINUTES The minutes of the Regular Meeting of May 3, 1999, were approved 4-0-1 Spinelli absent. PUBLIC HEARING CONTINUED TO JUNE 7. 1999 - APPEAL OF PLANNING COMMISSION ACTION ON A CONDITIONAL USE PERMIT AND LANDSCAPING VARIANCE AT 330-340 BEACH ROAD Mayor Janney noted a letter from the appellants dated today requesting the hearing be continued until the next meeting where there will be a full council present. Councilwoman O'Mahony moved to continue the appeal to June 7, 1999. Secoirded by Vice Mayor Knight and carried 4-0-1, Councilman Spinelli absent. Public Works Director reviewed the memo of May 10, 1999 which recommended council hold a public hearing to hear any objections to the proposed weed and rubbish removal program and then adopt the Resolution Ordering Destruction of Weeds and Rubbish. Council declared weeds and rubbish a nuisance at its April 7 meeting and scheduled a public hearing for tonight's meeting. Staff has surveyed properties and posted those that required abatement; he provided council with copies of a list of properties posted. Some of these properties have been cleared, the others will be notified they have 14 days to clear the weeds and rubbish or the city wrrt abate the nuisance and a bill will be sent to the owners. If the bill is not paid, a lien will be placed upon the property. Vice Mayor Knight said she noticed a property with a problen, that shoulr; have been posted and was not on the list; staff explained the abatement procedure timing needed in order to place a lien on a property; staff will look at that site. PUBLIC HEARING . RESOLUTION 46-1999 ORDERING THE DESTRUCTION OF DANGEROUS AND NOXIOUS WEEDS AND RUBBISH IN THE CITY Mayor Janney opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony moved adoption of RESOLUTION 46-1999 Ordering the Destruction of 524 Weeds and Rubbish. Seconded by Vice Mayor Knight and carried 4-0-1 on voice vote, Councilman Spinelli absent. PUBLIC HEARING - SECOND READING OF ORDINANCE 1613 ADOPTING THE 1998 EDITIONS OF THE BUILDING. PLUMBING. MECHANICAL AND ELECTRICAL CODES FOR ABATEMENT OF DANGEROUS BUILDINGS Public Works Director reviewed the memo of May 7, 1999 which recommended council hold a public hearing and adopt the ordinance. These codes are adopted on a triennial basis. The new building code has a number of changes based on experience gained in the Northridge and Loma Prieta earthquakes. Adoption of these new codes will significantly reduce the number of local amendments and will also include the fee schedules in the Administrative Code. The Chief Building Inspector brought in two large boxes of these current code books for council to see. Mayor Janney opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony moved adoption of ORDINANCE 1613. Seconded by Vice Mayor Knight and carried 4-0-1 on voice vote, Councilman Spinelli absent. PUBLIC HEARING CONTINUED TO JUNE 7" 1999 Mayor Janney noted the applicant has requested this matter be continued to the June 7 meeting. Councilman Galligan moved to continue the hearing to the next meeting as requested. Seconded by Councilwoman O'Mahony and carried 4-0-1 on voice vote, Councilman Spinelli absent. PUBLIC COMMENTS James Quinn, 1116 Vancouver, spoke about his efforts to get TCI to broadcast EWTN in Burlingame; noted TCI's annual survey will go out in June and residents will have the opportunity to mark EWTN as a preference for programming. He commented on the letter from Peninsula TV on the agenda; the letter led him to question whether TCI has committed to broadcasting Peninsula TV; he asked if this is a non-profit channel, who owns it, is it a "must carry" channel? If council does not have these answers, he hoped council would delay any decision on this matter. Sam Malouf, local Burlingame Avenue merchant, spoke in support of the "Free Bee" Mid-day Shuttle; he said the merchants were prepared to assist in funding a liaison person to market the shuttle bus with the hotels. TRANSMITTAL OF 1999-2OOO PROPOSED BUDGET AND CAPITAL IMPROVEMENT PROGRAM City Manager reviewed the 1999-2000 budget transmrtted to council and noted the budget study session will be held on June 9 and the budget will be adopted on June 21, 1999. The total budget of $53,253,544 is up 7.7 percerfi over last year; the General Fund portion is $25,846,099: the Water, Sewer, Golf and Waste Enterprise Funds equal $11,481 ,357: the Financing Authority and Shuttle Grants total $971,088; and Capital Improvements equal $14,955,000. A majority of the increases are for capital improvements, water purchases and new programs such as the golf facility, fire paramedic JPA, recreation teen/aquatic activities and planning design review. Vice Mayor Knight encouraged Burlingame City Council 525 May 17, 1999 citizens to attend the study session on June 9, 1999. FINAL REPORT OF THE TEEN BLUE RIBBON STUDY COMMITTEE II Parks & Recreation Director reviewed his memo of May 13, 1999, with the recommendations of the committee for council to support programs and activrties for teens in Burlingame, support the Youth Advisory Committee (YAC), youth advisory members of the Park & Recreation Commission, and Burlingame Together; and support investigation of alternatives for a facility dedicated to teens and teen programs. Vice Mayor Knight noted her desire to see the Depot building used for a teen facility; the city owns the site and it is close to transit; think it would be a good place to start. Councilwoman O'Mahony agreed; this site is under used; leasing a site along a transit corridor was another option. Councilman Galligan thanked the people who participated in this committee, they did a greatjob; in another clty the Rotary Club raised funds for a facility; comrnittee is looking into a facility to lease for teens; it is a great start. Mayor Janney would like to move forward with a teen center; would like students to bring suggestions to council at the next meeting on how they envision such a facility. Vice Mayor Knight noted how kids hang out at Starbucks; people always express concerns about traffic but at the depot they can spread out onto the lawn area. P&ti i)irector said the teen group is getting together again this weekend; will come back to council at the next meeting. BURLINGAME AQUATIC CENTER STATUS REPORT City Manager reviewed at the last High School Board meeting the board discussed a change order based on a major donation to build the pool to Olympic size specifications; at the present time the project is delayed because of a diesel fuel contamination which must be removed; School Board heard this last Thursday night and directed their staff to proceed with exploring this expansion; noted our contract with the school district requires council approval of any major change order; this proposal would double the size of the pool and the opportunities for public participation but operational costs would increase and the project would be delayed; the school district has signed a contract for construction, so there are many hurdles. Mayor Janney informed the public that the proposei donation is between $500,000 to $1 million; this makes for some challenges. Vice Mayor Knight stated she would abstain from discussion and vote because she lives within 200 feet of the site. Councilman Galligan confirmed that staff is looking for direction from council; he believed we should go ahead with the Olympic size project; think of all the new programs we could offer. Councilwoman O'Mahony said this raised serious questions for her; it's a very attraetive donation but the contamination problem raised red flag for her because someone has to pay for removal; the parking lot is very important part of project and we will lose that to an Olympic size pool; there will be greater service load and on-going operational costs; can't jump up and down with joy because see lots of potential problems. Mayor Janney said everyone is aware of the challenge this brings; this increased size will be great for our children and for older swimmers; would hope we can explore and come up with a solution during the delay for the contamination removal. Staff will bring back to council when there is more information. Mayor Janney recognized Superintendent Tom Mohr who r,ras present and commented he got a call from a man who said he and his wife would offer up to $1 million donation to change the pool project and build an Olympic size pool; architect must change planning tiocuments and be reviewed again by the State Architect's office; will lose about 40 parking spaces but feel they can make up most of it in other areas around the school; architect said the high end cost of increasing the size is about $800,000 so money will be left for additional parking and design fees; as soon as the; have a new package they will bring back to the school board, then they will need city council approval. Mayor Janney said council would await more information. May 17,1999 526 Burlingame City Council SHUTTLE BUS PROGRAM REPORT Assistant City Manager reviewed his memo of May ll, 1999, which requested guidance on continuation of the mid-day shuttle bus program. Since 1994 the city has contracted with a bus company to operate a commuter shuttle bus; in 1995 additional shuttle service was provided during mid-day between the hotels and the shopping areas. The commuter portion of the shuttle has received funds from grants but for the most part the mid-day shuttle has been funded by a combination of city hotel taxes and contributions from Broadway BID and Burlingame Avenue merchants. Shuttle staff assistance has been provided by the Chamber staff, Finance interns and him. CalTrain has expressed a willingness to take over administration of the commuter shuttle. The mid-day shuttle has not been as successful since we ceased providing in kind assistance of an intern. He suggested the merchants donation of $10,000 be used to fund a part-time intern to work directly with the merchants and Chamber to market the mid-day shuttle. The 1999-2000 budget assumes continuation of the mid-day shuttle pending guidance from council. He responded to council questions; the mid-day shuttle is administered by the Chamber of Commerce; the commuter shuttle is administered at city hall. Councilman Galligan saw our proposed budget contribution to the Convention & Visitors Bureau of nearly $500,000; felt the Bureau could administer this program, city provides majority of the funds for the Bureau. Councilwoman O'Mahony noted the Bureau has the expertise; the mid-day shuttle is really for the hotels. Mayor Janney will bring this up to the Convention & Visitors Bureau Board at the next meeting. Vice Mayor Knight noticed the ridership is directly related to the marketing efforts; the Doubletree Hotel wrote letter in support and desire to run the shuttle later at night for hotel patrons to use downtown restaurants in evening. Mayor Janney will suggest administering this program to the bureau. LIBRARY BOARD REAPPOINTMENTS City Manager's memo of May 4, 1999, recommended council set a deadline of June 15, 1999 for applications to the Library Board unless council wishes to reappoint the two incumbents. Council may also choose an interview team. Councilwoman O'Mahony talked to both the out-going board members who said they would like to be reappointed to the Library Board; thought they are doing an outstanding job and were an asset to the Board and the city. Councilman Galligan agreed and moved to reappoint Jane Dunbar and Mary Herman to the Library Board for another term. Seconded by Councilwoman O'iliahony and carried 4-0-1 on voice vote, Councilman Spinelli absent. REVISED BANNER SCHEDULING POLICY City Manager reviewed his memo of May LL, L999, which. recommended council review the proposed policy and approve it or make revisions. At the April 19, 1999, meeting council discussed a request from the Chamber of Commerce for scheduling additional banner time. Council approved their request if a second time was available in the schedule and asked staff to develop new guidelines for banner applicants. He recommended a policy that any application requesting over 14 days would require council approval. Staff is also suggesting a $100 fee for the cost of any banner hung a second or more time during a calendar year. Burlingame City Council 527 May 17,1999 Council discussed briefly; agreed new guidelines were good idea; might waive fee for non-profits. Councilman Galligan moved to approve the new banner guidelines as recornmended" Seconded by Councilwoman O'Mahony and carried 4-0-1 by voice vote, Councilman Spinelli absent. INTRODUCTION OF ORDINANCE 1614 ADOPTING THE 1998 EDITION OF THE CALIFORNIA FIRE CODE Fire Chief reviewed his memo of May ll, 1999, which recommended council introduce this ordinance amending Title 17 of the Municipal Code to adopt the 1998 California Fire Code. There are no proposed changes to our existing sprinkler and fire alarm requirements. Vice Mayor Knight thanked the Fire Marshal for his leadership organizing the county fire departments to adopt this code Mayor Janney asked the City Clerk to read the title of the ordinance. Councilwoman O'Mahony moved to waive further reading of Ordinance 1614. Seconded by Councilman Galligan and carried 4-0-1 on voice vote, Councilman Spinelli absent. Councilwoman O'Mahony moved to introduce Ordinance 1614. Seconded by Vice Mayor Knight and carried 4-0-l by r,'oice vote, Councilman Spinelli absent. The Mayor asked the City Clerk to publish a notice before the public hearing on June 7,1999. PENINSULA TV REQUEST FOR PAR.TICIPATION AND CONTRIBUTION City Manager reviewed a letter dated May 9, 1999, from Peninsula TV requesting the city participate in this group and make a $5000 contribution toward its funding. He responded to council questions; a number of cities already subscribe to PTV; we can't add this channel until cable TV system is rebuilt in about 2001; when TCI builds the fiber optic system they must provide an additional public access channel; PTV is offering the Board of Supervisors meetings on tape to be rebroadcast on our Channel22 if we desire; they can also show local school sports; TCI has 36 months to complete the fiber optic system, if they complete it earlier they get an extension on the franchise. Councilwoman O'Mahony moved to table this issue until mid-June so we can hear from TCI about our citizens' request for EWTN. Seconded by Vice Mayor Knight and carried 4-0-1, Councilman Spinelli absent. CONSENT CALENDAR Councilman Galligan commented that staff will change the name of a person listed in item "b" as the contract with the school district. a.RESOLUTION 47-1999 AUTHORIZING TRANSFER OF FUNDS FROM GENERAL FUND TO THE WATER FUND Asst. City Manager's memo of May 10, 1999, recommended council approve transfer of $1 million in a loan from the General Fund to the Water Fund. The Water Fund is suffering from the second year of reduced water consumption which has caused revenues to fall below estimates. In addition the San Francisco Water Department will increase rates 35 percent next year. This loan from the Generai Fund v,,ill help rnrtigate the size of the upcoming rate increase to Burlingame residents. The Water Fund will pay interest of 5.8 percent to the General Fund which is equal to the average yield of city investments and this cost will be built into the rate increase. May 17, 1999 528 Burlingame City Council d b RESOLUTION 48-1999 AUTHORIZING AGREEMENT WITH BURLINGAME ELEMENTARY SCHOOL DISTRICT FOR 1999 SUMMER ENRICHMENT PROGRAM Parks and Recreation Director's memo of May 13, 1999, recommended council approve an agreement with the School District for the 1999 summer program. This program is for children in grades four through eight and for some high school and adults. The school district is unable to charge fees so the Recreation Department coordinates the program; after payment of a 5 percent administrative fee and other costs, the remaining funds are sent to the school district. Without this program, children over the 3rd grade would have no summer school since the district uses its State summer school funds for free classes for grades K-3. c.RESOLUTION 49-1999 APPROVING CONTINUATION OF CITY/COUNTY ASSOCIATION OF GOVERNMENTS (C/CAG) AND CITY'S PARTICIPATION City Manager reviewed his memo of May 3,1999, which recommended council approve continuation of C/CAG and Burlingame's participation. This JPA expires in December 1999 and it is necessary to adopt a new JPA to continue C/CAG. This year's annual member contribution is $19,840. RESOLUTION 50-1999 AWARDING CONTRACT TO STEINY AND COMPANY FOR DONNELLY PUMP STATION UPGRADES - CP 8929 Public Works memo of May ll, 1999, recommended council award this contract in the amount of $175,999 to Steiny and Company to install new motor controls and a city provided emergency generator at the Donnelly Pump Station. RESOLUTION 51-1999 AWARDING CONTRACT TO THE TYREE ORGANIZATION FOR LANpFILL LOWER pECK TMPROVEMENTS - Cp 9117(2) Public Works memo of May 12, 1999, recommended council award this contract in the amount of $665,688.70 to The Tyree Organization for Phase III landfill Closure including options I and 2. This contract is for the final phase of the landfill closure and includes capping and sealing the lower deck area. The capping will meet regulatory requirements and accommodate development of a future lighted balifield, dog park, ballpark parking lot, children's play area and a park maintenance structure. RESOLUTION 52-1999 AUTHORIZING AGREEMENT WITH URS GREINER- WOODWARD.CLYDE FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LANpFTLL LOWER DECK IMPROVEMENTS - Cp 9117(2) Public Works memo of May 12, 1999, recommended council authorize an agreement with URS Greiner Woodward-Clyde International-Americas in the amount of $197,000 for construction management and quality assurance services for the landfill lower deck project g. RESOLUTION 53-1999 AUTHORIZING LEASE AGREEMENT WITH THE FAA FOR A Public Works memo of May ll, 1999, recomirlended council approve a lease agreement with the Federal Aviation Administration (FAA) to install an 80 foot high windshear alert system at e f. Burlingame City Council 529 May 17,1999 ,) 1775 Gilbreth Road on vacant citrr 1arr6 h. FINAL CONDOMINIUM MAP FOR FOUR UNITS AT 1408 EL CAMINO REAL Public Works memo of May ll, 1999, recommended council concur with the Planning Commission and approve this final map. i. WARRANTS AND PAYROLL Finance Director recommended approval of Warrants 63567 - 64015, duly audited, in the amount of $1,830,365.87 (excluding Library Checks 6367I - 63722); Payroll Checks 115636 - 116752 for the month of April 1999 in the amount of $1,726,846.56 and Electronic Fund Transfers for the month of April 1999 in the amount of $376,521.39. J. OUT OF STATE TRAVEL FOR CITY LIBRARIAN TO NEW ORLEANS City Librarian's memo of May 7 , 1999, recomrnended council approve travel expenses to attend the American Library Association Conference in New Orleans from June 24 to 29, 1999. The library budget has sufficient funds for this expenditure of approximately $1500. AUTHORIZE CITY ATTORNEY TO JOIN IN Ai'dICUS CURIAE BRIEF IN /'4GGIS YS c/ry oFZosr.4NGEZES (SUPREME COURT CASE NO. 5074364) k. l City Attorney's memo of May ll, 1999, recommended council authorize joinder in amicus brief at no cost to the city. This case involves a city's immunity from a duty to record a notice on property that might be seismically or geologically unstable. Councilman Galligan moved approval of the Consent Calendar with the change in the contract in item "b. " Seconded by Councilwoman O'Mahony and carried 4-0-1 by voice vote, Councilman Spinelli absent. COUNCIL COMMITTEE REPORTS Councilwoman Knight noted she had been out of town anC Councilwoman O'Mahony attended the Legislative Committee meeting for her. Councilwoman O'Mahony reported on the Legislative Committee meeting; she also attended C/CAG, a retirement party for Marci Saunders and a Special Olympics game. Councilman Galligan went to the Convention Bureau annual luncheon, Sustainable San Mateo County meeting, the Chamber Board meeting, and also attended the a retirement party for Marci Saunders of the Labor Council. IVIayor Janney weni to the Convention Bureau, Chamber Board, retirement reception for Marci Saunders and attended a convention of the Northern California Garden Clubs held in Burlingame on Mother's Day and presented a proclamation to this group. OLD BUSINESS Vice Mayor Knight thanked Councilman Galligan for giving council a copy of his letter to the school board president about possibly holding school board meeti,:gs at city hall and televising them; she expressed her concern that this appears to be council settlng policy for another agency; think it was not appropriate; she understood the Blue Ribbon cominittee would like to see better communication between school board and citizens but this made her uncomfortable. Councilman Galligan responded May 11, 1999 s30 Burlingame City Council the reason he suggested this was because of comments made by citizens after seeing council on television and how well informed they were; the school district has a real financial problem and people are not informed and aware, they don't communicate; parents can't come to night meetings so he brought this issue up; heard a staff repoft at the last meeting about extra costs to allow outside group to use city hall; he hoped the city would hear from the school district. NEW BUSINESS Mayor Janney scheduled an appeal hearing for June i, 1999, for an appeal of the Beautification Commission decision to allow a tree removal at 535 Almer. Councilwoman O'Mahony thanked council for approving the continuation of C/CAG. Vice Mayor Knight said her term will be expiring on the Criminal Justice Council and the City Selection Committee will be making new appointments this Friday night. She asked that council support her continuing on Criminal Justice until the end of her city council term in November. Councilwoman O'Mahony moved to support Vice Mayor Knight's continued term on Criminal Justice. Seconded by Councilman Galligan and carried 4-0-1 by voice vote, Councilman Spinelli absent. Mayor Janney noted she would be unable to attend the City Selection meeting and asked that Vice Mayor Knight to represent the city at that meeting. ACKNOWLEDGMENTS a.Commission Minutes: Library Board, April 20; Broadway BID, January through April; Planning, May 10, 1999. Department Reports: Building, April 1999; Treasurer, April 30, 1999 Proclamation for Public Works Week, May 16-22,'1999. Letter from San Francisco Int'l Airport regarding rnitigation for the proposed runway reconfiguration. Letter from Gretchen Code regarding the tragedy in Littleton, Colorado. Memo from City Manager regarding Alamo Car Rental sites in the city. Mayor Janney adjourned the meeting at 8:48 p.m. Judith A. Malfatti City Clerk b c d Councilman Galligan asked if there has been contact between the city and the airport; staff said no. ADJOURNMENT e f Burlingame City Council 531 May 17,1999 Mayor Janney said she would be unable to attend the Fire JPA meeting in June and appointed Councilman Galligan as alternate to attend.