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HomeMy WebLinkAboutMin - CC - 1999.06.21BIJRLINGAME, CALIFORNIA June2l,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 Ann Keighran. ROLL CALL COUNCIL PRESENT: COUNCIL ABSENT: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of June 7 , L999, were unanimously approved after a change by Councilwoman O'Mahony on page 3, third paragraph, changing the nameirffiell to Fredell Kulovich. The minutes of the Study Meeting of June 9, L999, were unanimously approved after CouncilmanGalligandeletedthelastsentenceinthethirdparagraph,page2,'l@ seetio'fis. " Council reviewed the discussion of the Convention & Visitors Bureau but made no changes. PUBLIC HEARING 1999-2OOO BUDGET - RESOLUTION 61-1999 ADOPTING THE 1999-2OOO OPERATING BUDGET and RESOLUTION 62-1999 ESTABLISHING 1999-2000 APPROPnTA- TION LIMIT City Manager reviewed his memo of June 10, 1999, which recommended council hold a public hearing and take action. Council reviewed the budget at its June 9 Study Meeting. Based on the review and discussion, the proposed operating and capital budgets were accepted. Two major issues were identified: 1) reduction in fund balances for capital projects in 2000-2001 should be eliminated or reduced: and 2) Convention Bureau funding for 2000-2001 should be conditioned on other cities agreement to participate in the recommended county-wide funding formula of 4 percent of the prior year hotel tax. Community Group funding was discussed at that meeting. The totals are as follows: General Fund Water Enterprise Fund Sewer Enterprise Fund Waste Management Fund Burlingame Financing Authority Shuttle Bus Grant Capital Projects Fund TOTAL 1999.2000 BUDGET $25,846,099 4,435,6L7 6,645,623 113,320 g0g,5gg 162,500 14,955.000 $53,253,544 547 The general fund budget is up 5.6 percent over the prior year; Water, Sewer and Waste Enterprises up l2.l percent; and Capital Improvements up 8.7 percent over last year. Mayor Janney told the audience that council reviewed the budget in depth at its June 9 study meeting" Mayor Janney opened the public hearing. There were no comments and the hearing was closed. Councilwoman O'Mahony expressed concerns about previous discussions proposing to reduce the funding to the San Mateo County Convention & Visitors Bureau (Bureau); we need to give the Bureau notice that if other cities don't comply with the 4 percent of hotel tax funding formula, Burlingame will look at other funding options; think the city would be going too fast to reduce the Bureau's funding at this late date. Councilman Spinelli said we are not really cutting, give 4 percent more than last year. Councilwoman O'Mahony thought cutting some $40,000 was too much, noted the Bureau has already developed its budget. Councilman Galligan noted if this discussion had taken place at our January goal session, we could have mentioned this to Bureau and given them time to plan; maybe next fiscal year we can change. Council gave direction to the Mayor, who is also President of the Bureau, to make it clear that council has other alternatives, we could do this ourselves, perhaps combine with the Chamber of Commerce. Councilman Spinelli thought our hotels are getting short changed; we give the most to Bureau, we should get more service. Vice Mayor Knight read budget page regarding Bureau activities which states the Bureau promotes our city hotels, hoped next year they get the message this council is sending; think the Bureau should not adopt its budget until the city has done so. Councilwoman O'Mahony moved to approve the propose<i funding for the Bureau and to direct the Mayor to send a strong message to the Bureau regarding council's concerns. Seconded by Councilman Galligan and carried 4-1 on voice vote, Councilman Spinelli voting no. Councilwoman O'Mahony moved to adopt the 1999-2000 Budget by RESOLUTION 6l-1999. Seconded by Vice Mayor Knight. Councilman Galligan sard the city has been using fund balances for capital projects, noted this is cash out of the pocket; from this point forward he would like to see a balanced budget; he would also like to see $500 funding to Sustainable San Mateo County and an increase in our Community Groups funding. Other council members supported no funding for Sustainable SMC. The motion to approve the budget carried unanimously 5-0 on voice vote. Councilwoman O'Mahony moved to approve RESOLUTION 62-1999 approving the appropriation limit. Seconded by Councilman Galligan and carried unanimously 5-0 on voice vote. PUBLIC HEARING - REOUEST TO REMOVE SIX PRL TREES AT 524 EL CAMINO REAL City Attorney reviewed his memo of June 16, 1999 which recommended council determine whether to hear the appeal of Denis and Katie O'Brren from the Beauttfication Commission decision to continue their permit application for removal of six Eucalyptus trees, and if council determines to hold a hearing, then decide whether to approve the removal permit. In April 1999, the O'Briens filed an application to remove six protected trees from their property at 524 El Camino. In the permit application they indicate the trees were "lifting pavement, blocking gutters and damaging the roof, and they were dangerous when windy. " The Senior Landscape Inspector presented the permit to the Commission for setting a hearing on May 6 and the commission scheduled a hearing for June 3; at the June 3 hearing, the commission requested more informatiolr and continued the item until July. The O'Briens filed an appeal with the City Clerk and at the June 7 city council meeting council directed June 21, 1999 548 Burlingame City Council staff to prepare a report on the matter and determine if the trees were ahazard. Staff visited the site and confirmed the excavation for the project at 530 El Camino is within 2 feet of the trees; staff required the contractor to immediately obtain an arborist's report in compliance with permit conditions. Property owners in the area were noticed of this matter. The city received one letter in opposition to removal. Council discussed: had felt uncomfortable in voting on this item, stepping on the Beautification Commission's toes, but they moved to approve this request and the vote was 2-2-2 - two members abstained; they continued the matter to get more information from an arborist; have an arborist report now; need to act quickly because of the construction project adjacent to the trees which is delayed until action is taken with the trees; City Attorney responded to council questions and noted council must also determine if trees are allowed to be removed, with what type tree they would be replaced, or council could refer back to the commission. Councilwoman O'Mahony moved for council to hear this appeal. Seconded by Councilman Galligan and carried unanimously Mayor Janney opened the public hearing. Katie and Denis O'Brien, property owners and applicants, said they understood the commission would act at its June 3 meeting but they continued the matter for an arborist report; the major construction project next door is endangering the trees; major roots have been cut; showed photographs of the damaged driveway area, the trees and the adjacent excavation; they would replace the trees with another species with more foliage. There were no other comments and the hearing was closed. Council discussed: why would anyone would plant these trees in that location; don't know how the trees continue to be standing with the excavation right next to them, one tree is less than one foot from excavation; requirements in arborist report have not been followed for excavating around trees; trees are also planted on a berm; agreed replacement with another species trees would be better. Vice Mayor Knight moved to approve the application for removal and replacement of the six Eucalyptus trees with six trees selected by the arborist. Seconded by Councilman Galligan and carried 5-0 on voice vote. PUBLIC HEARING - ADOPTION OF ORDINANCE 1615 CLARIFYING THE APPLICABILITY OF ANIMAL CONTROL ORDINANCE City Attorney reviewed his memo of June ll, 1999, which recommended council hold a public hearing and adopt the ordinance. On June 7 council introduced this ordinance that will clarify that cats are subject to certain regulations of Title 9 regarding nuisance behavior and humane treatment. Mayor Janney opened the public hearing. There were no comments and the hearing was closed Councilwoman O'Mahony moved adoption of ORDINANCE 1615. Seconded by Councilman Galligan and carried 5-0 on voice vote. PUBLIC COMMENTS James Quinn, 1116 Vancouver, noted he was following the efforts of Peninsula TV to gain a spot on TCI; spoke about his efforts to get TCI to broadcast EWTN in Burlingame; currently working on the Burlingame City Council 549 Jurrc 21, 1999 TCI survey where residents will have the opportunity to mark EWTN as a preference for broadcasting; EWTN would have no cost to the city; hundreds of residents have expressed a preference for EWTN; asked who determines programming for Channel 22; roted Independent editorial of June 19 said PTV is the official channel early next year what type of program will this be; and a separate channel for PTV will not be feasible until after the upgrade, why does PTV need its own channel and would it be up the city council to decide if they get separate channel? Phil Hartman, 1146 Cabrillo, noted the number of cars parked on the streets; several residents use their garage as storage area and park on the street; our vision of tree-lined avenues is changing, can't see the trees because of all the cars; his block has 20 young children who will be driving in a few years, will be 20 more cars on the street; Menlo Park has a "no parking overnight" ordinance and residents now automatically pull into their driveway rather than park on the street and risk a ticket; Menlo Park issues parking permits for residents to use city lots overnight; can council consider this issue or should he move to Menlo Park? PROGRAM Asst. City Manager reviewed his memo of June 8, 1999, which recommended council approve the resolution to increase residential and small business rates 1.5 percent and large business bin rates 5.5 percent effective July 1 , 1999. Residential 20 gallon or smaller can rates will be frozen at the present rate as an incentive to recycle. In April the city implemented expanded recycling programs to increase the city's diversion rate for AB 939 purposes and directed staff to request a rate application from BFI. In response to council, he explained how this program helps the city meet the goal of diverting 50 percent of its waste from landfill by 2000. This goal was set by the State legislature (AB 939) in iarly 1990. Discussed the sizes of recycling containers and how customers with sizeable recycling quantities may be able to downsize their container size or pickup frequency and realize cost savings Councilwoman O'Mahony moved approval of the rate increase by adoption of RESOLUTION 63- lggg. Seconded by Councilman Galligan and carried unanimously 5-0 by voice vote. PENINSULA TV REOUEST FOR FUNDING City Manager reviewed his memo of June 9, 1999, which recommended council consider the request for funding from Peninsula TV. In May council received a letter requesting funding, based on questions from a resident, council continued the request until June. On June 2, we received a follow- up letter indicating that Peninsula TV is the existing Public, Education and Goverment (PEG) Channel of a number of cities and they are trying to expand the channel county-wide. TCI has indicated a willingness to use some PTV programming on Channel 22 if it is of interest to Burlingame viewers. A separate channel for Peninsula TV is not feasible until after the TCI upgrade in 2000-2001. In response to Mr. Quinn's comments, TCI does control the programming on Channel 22 but it is required to offer televising of council meetings and certain other things for the city. Council discussed: how decide what to show from the PTV offerings; city could override. Bob Marks, PTV, said Board of Supervisor meetings are already being broadcast in several cities; PTV is forming a non-profit; to be successful has to be public/private; they can broadcast school sports, city programs or events, council would choose; have some religious programs shown on June 21, 1999 550 Burlingame City Council Sundays so could consider EWTN. Councilman Galligan moved to approve funding PTV of $5000 for 1999-2000. Seconded by Councilman Spinelli and carried unanimously 5-0 on voice vote. DRAFT BALLOT ARGUMENT FOR APPOINTED CITY CLERK City Manager reviewed his memo of June 14,1999, which recommended council determine if a member or members of the city council wish to sign the ballot argument for an appointed city clerk. He included a draft ballot argument which council may wish to revise. Councilwoman O'Mahony said the ballot argument was excellent willing to sign it, others agreed. Councilman Galligan asked if a council member writes an opposing argument does he have priority; City Attorney responded state law says first priority goes to a "council authorized" member or members who write argument; next priority is given to an organization, then to single voters. The City Clerk would choose the argument if more than one were submiued based on the priorities. Four council members indicated willingness to sign the argument in favor of the ballot measure making the City Clerk an appointed position. Councilman Galligan was opposed to the measure; asked if council could authorize him to write an argument in opposition. Council members indicated they would like to see his argument before they authorize him to write an argument. City Attorney noted there is no requirement that Councilman Galligan present the argument in opposition, the only reason the argument in favor is before council is that if a majority of council signs it, this action must be taken at a public meeting; he noted an opposing argment could be put on a future agenda. Councilman Spinelli moved to approve the ballot argument in favor and authorize four council members to sign it. Motion seconded by Vice Mayor Knight and carried 4-1 on voice vote, Councilman Galligan voting no. CONSENT CALENDAR Vice Mayor Knight noted at the Legislative Committee meeting it was voted to oppose Papan's AB 670 (item "d") but Millbrae and San Bruno abstained; that Millbrae and San Bruno wrote letters regarding this bill saying they hoped for amendments to the bill but they were not really opposing it. Councilman Galligan asked to remove item "h" regarding canceling meetings. City Attorney mentioned a letter from Henry Sorensen dated June 19, 1999, requesting council delay action until the next meeting as he had some concerns that the new fence is not mentioned on the plans for 535 Almer. City Attorney noted the contractor confirmed that a new fence would be installed around the entire project. RESOLUTION 64-1999 APPROVING APPLICATION FOR NEGATIVE DECLARATION. RESIDENTIAL CONDOMINIUM PERMIT AND TENTATIVE MAP FOR SEVEN UNITS AT 535 ALMER ROAD. WITH CONDITIONS City Attorney's memo of June 17 , 7999, recommended council consider adopting a resolution reversing the Planning Commission decisron and approving the negative declaration, condominium permit and tentative map with conditions. On June 7 council held a public hearing regarding this project and decided to reverse the Planning Commission and approve the negative declaration and project. The conditions for the tentative map have been revised to include reference to the drainage contribution while deleting the condition regarding driveway a Burlingame City Council 551 Jwrc21,1999 clearance c Public Works memo of May 26, L999, recommended if council approve the condo project, the tentative map be approved with conditions. RESOLUTION 65-1999 AUTHORIZING POLICY AND FEES FOR TEMPORARY USE OF PARKING SPACES Public Works memo of June 15, 1999, recommended council approve establishing a policy and fees for use of parking spaces in city lots and streets. The city permits temporary use of parking spaces for construction and other needs. In order to regulate this activity consistently, staff has developed a written policy which follows current practices. The policy will be distributed to interested parties and permit applicants. The fees collected cover staff costs. d.RESOLUTTON 66-1999 OPPOSTNG AB 670 (PAPAN - TRANSIT DISTRICT PROPERTY ACOUISITIONS) City Attorney's memo of June ll, 1999, recommended council consider adoption of a resolution opposing enactment of AB 670, currently pending before the State Senate. Assemblyman Papan has introduced a bill that would allow SamTrans and BART to acquire property anywhere for "transit oriented joint development. " These joint developments are generally exempt from any local oversight or zoning control. In addition, they might be exempt from local property tax. APPROVE JOINING THE NATIONAL ORGANIZATION TO INSURE A SOUND- coNTROLLEp ENVIRONMENT (NOISE) City Manager's note of June 4, 1999, with County Supervisor Griffin's letter to the Mayor dated May 6, 1999, recommended council join this organization whose mission is to reduce aviation noise impacts on local communities. Cost to join is $1155. f. REJECT CLAIM OF CORPORATE EXPRESS DELIVERY FOR TRUCK DAMAGE City Attorney's memo of June 10, 1999, recommended council reject this claim submitted by Corporate Express Delivery which ran into a tree branch on Balboa. g. WARRANTS AND PAYROLL Finance Director recommended approval of Warranis 64051 - 64583, duly audited, in the amount of $3,198,097 .32 (excluding Library Checks 640L6 - 64050 and Library Checks 64359-64379); Payroll Checks LL6753 - 117493 for the month of May 1999 in the amount of $1,172,129.26 arrd Electronic Fund Transfers for the month of May 1999 in the amount of $503,401.49. h. Removed. Councilman Galligan moved approval of the Consent Calendar except for item "h. " Seconded by June 21, 1999 552 Burlingame City Council e b. TENTATIVE CONDOMINIUM MAP FOR SEVEN UNITS AT 535 ALMER - PM 98-12 Councilwoman O'Mahony and carried unanimously 5-0 by voice vote REMOVED CONSENT ITEM h. CANCELLATION OF JULY 10 AND JULY 21. 1999 COUNCIL MEETINGS City Manager's memo of June 14,1999, recommended council cancel these meetings for a sufirmer break. Councilman Galligan said he would be absent from the first meeting in August, he asked if others would be available to meet. Councilwoman O'Mahony explained she would be on vacation during that time period. Councilman Galligan moved to approve cancellation of these meetings. Seconded by Councilwoman O'Mahony and carried unanimously. COUNCIL COMMITTEE REPORTS Councilman Spinelli reported on the Airport Roundtable; also attended the Burlingame Lions Golf Tournament. Councilman Galligan attended the San Mateo County JPA for Prehospital Emergency Services for the Mayor; Commerce and Coffee event; Charnber Board meeting; Burlingame Together; Design Review meeting with Councilman Spinelli; Art in the Park and he also participated in the Lions Golf Tournament. Councilwoman O'Mahony took the new train trip from Burlingame to Fort Ord for the Monterey County Transportation Group; attended Art in the Park; an event at Our Lady of Angels; and a C/CAG meeting. Mayor Janney presented a check for $5000 for upgrading playgrounds from the Burlingame Lions Club which she received at the award dinner for the Lions Golf Tournament; she also attended other events mentioned by council. Vice Mayor Knight went to the Torch Run for Special Olympics and presented a proclamation; went to Criminal Justice Council; the legislative committee; Art in the Park; and Rich Eva's retirement party from the Fire Department. Councilman Spinelli said he also introduced Congressman Lantos at the Town Hall meeting at city hall last Saturday. . OLD BUSINESS Councilwoman O'Mahony thanked the Parks & Recreation Director for Burlingame Together activity and asked about funding of trips for these young people. He responded and noted city staff is subsidized for trips. Councilwoman O'Mahony thought this was a productive thing for our young people and a good use of funds. NEW BUSINESS Vice Mayor Knight asked if staff could respond to Mr. Hartman who commented during Public Comments about parking problems on Cabrillo. ACKNOWLEDGMENTS a.Commission Minutes: Traffic, Safety and Parking, June 10; Beautification, June 3; Planning, June 14, L999. b. Department Reports: Treasurer, May 31 , 1999. Burlingame Ciry Council 55J June 21, 1999 c d ktter from the High School District regarding a hearing on implementation of developer fees. Letter from Ross Bruce, Broadway BID, suggesting city purchase property at 1140 Laguna for parking. Letter from Richard Lavenstein regarding landscaping and design requirements for the O-M and M-l districts. Memo from High School District Superintendent thanking Police Chief for his leadership and assistance after the Columbine High School shooting tragedy. Letter from Dorothy Scorpiniti suggesting use of the Recreation Center on Friday and Saturday nights for a Teen Center. Broadway BID minutes of May ll, 1999 i. Letter from Poplar ReCare requesting a grant of $3500 to create an interactive web site Letter from Dorothee Eisler objecting to plans for changes at the Peninsula and Poplar/lOl interchanges and to the new office park planned for Airport Blvd. CLOSED SESSION Council moved to a closed session at 8:57 p.m. to consider (a) threatened litigation "Claim of Adele Friedman) and (b) to confer with Labor Negotiator (City Manager) with regard to negotiations with AFSCME, Locals 829 and 2190. The meeting reconvened in open session at 9:07 p.m. The City Attorney noted council gave instruction to staff on this two items. ADJOURNMENT IN MEMORY OF GEORGE WUESTEFELD Mayor Janney asked for a moment of silence in memory of George Wuestefeld. Councilwoman O'Mahony said George had lived on Hillside Drive and was a long time resident of the city. The meeting was adjourned at 9:08 p.m. after a moment of silence in his memory. Judith A. Malfatti City Clerk e f (}b. h. j June 21, 1999 554 Burlingame City Council