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HomeMy WebLinkAboutMin - CC - 2000.01.04BURLINGAME, CALIFORNIA JanuarY 4,2000 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall 6ouncil Chambers. The meeting was called to order at 7:00 p.m. by Mayor Rosalie O'Mahony - PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Root. ROLL CALL COUNCIL PRESENT: COIINCIL ASSENT: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI NONE MINUTES The minutes of the Regular Meeting of Decemb et 6 , 1999 , the Special Meeting of December I 5 , 1999, and the Special Meeting of December 20, 1999, were unanimously approved with Vice Mayor Gauigan abltaiDing from the vote on the minuJes of December 20 because he had been absent- CONDITIONAL USE PERMIT City planner reviewed her memo of November 24, L999, which recornmended council hold a public hearing and take action on the zoning change. Action should include the General Plan amendment, ttre ordinance to change the zoning designation and the conditional use permit. The applicant, Carrick & English, is requesting a Generai Plan amendment, rezoning and use permit in order to change 2000 SF ofln existing bank use to real estate use on the fust floor of the ofEce building ^t 32O-35O primrose Road. The site is presently zone C-l Subarea A of the Burlingame Avenue Commercial District; first floor financial and real estate uses are not allowed in this district. The present bank use and real estate use at the site are nOnconforming uses and were present when the Subarea A zone was created in 1980. This proposal would change 1[g 2sning diskict from Burlingame Area Commircial Subarea A to Subarea B-1 *h"re real estate is allowed on the first floor with a conditional use permit- The plarming Commission approved this request at its November 8 meeting. On December 6' 1999' council appr6ved a Negative Declaration, General Plan Amendment and Coqditional Use Permit to attow ttris change 1;om nnanciat to real estate use atrd at this meeting council introduced the ordinance rezoning ttris sit. Following that meeting staff realized action would be simplified if the general plan amendrient and the conditional use permit were addressed in separate resolutions, therefore council is requested to adopt the corrected .".olrrtio* which will become effective upon the effective date of the - slflinaagg, February 4, 2000. Mayor O,Mahony opened the public hearing. There were no comments and the hearing was closed- ^t$ Councilman Spinelli moved to adopt ORDINANCE 1621. Seconded by Councilwoman Jarmey and carried unanimously 5-0. Councilwoman lanney moved to adopt the corrected resolutions, RESOLUTION 1-2000 Approving the General plan Amendment and RESOLUTION 2-2000 Approving the Conditional Use Permit. Seconded by Vice Mayor Galligan and carried unanimously 5-0. The mayor directed that the city clerk publish a surnmary of the ordinance within 10 days' CITY CLERK APPOINTMENT City Manager submitted his iremo of December n , 1999, v/hich recommended council make an apfointrnent from the four candidates, Karen Key, Doris Mortensen, Vi Weber and Ann Musso. BEause this is an elected position, it is not appropriate for the City Man2ger to make a recommendation. Councilman Spinelti said he received many calls about ttris issue; he felt it more efficient to have one person in ttre job, citizens want to keep status quo; he zupported Ann Musso for the position. -Councilman Coffey wondered about the concern in keeping this one position as most cities have two C police Chief reviewed his memo of December 14, 1999, which recommended council hold a public hearing and take action. The city has received $65,178.79 from the State as Burlingame's share of the lggg-2ooo copS funds. The law requires that the chief of Police develop a plan for use of these funds and that a public hearing at a city council meeting be held to approve or alter the plan. He reviewed the spending plan for council and the audience. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Spinelli moved to applove the spending plan for the COPS funds. Seconded by Vice Mayor Galligan and carried unanimously 54. PUBLIC COMMENTS Mayor O,Mahony asked citizens who desire to speak about the City Clerk appointment to limit their comments to the strucfitre of the position and not to the individuals who have applied for this position- , Speaking on the city clerk appoinment was lim Mclauglrlin, former city clerk of Belmont; CathyL- Biylock, 1527 Newlands; Irv Amstrup, 2708 Trousdale; Terry Huebner, 1708 Davis; Mark Grandcolas, 1432 Alvarado; Jennifer Pfaff, 615 Bayswater; Jess Roat, 101 Lorton; lerry Dal, 1228 Paloma; Martha Benson, 1401 Paloma; Mary Herman, 1547 Alturas; Dean Cimino, 1405 Balboa; Erwin Bear, 1406 Drake; Carol Tanzi, 1528 Columbus; Ken Castle, 1411 Drake; Darlene DeMaria' 101 Lorton. Mcl,aughlh passed out list of all city clerk duties; noted right to be elected is a reasurc; noted council cannot appoint a deputy city clerk, only city clerk can do that. Other commenB: should remain one person/on; position; agree all candidates are qualifred; one candidate was compromised because worked on a council election committee; Key is well qualified person; the mayor asked that names of candidates not be mentioned; people voted thinking this is ooe positioq deceiving voters if changed. There were no other commetrts. Mayor O'Mahony listed people who called her about this rssue- January 4. 2000 /cf^Burlingame Ciry Courril positions, a city cierk and a deputy city clerk. Councilwoman Janney said the job now is two jobs fi ed by one person, if divided does not mean cannot be done by one person in the future, in two years there will be an election; support a two person format for the job. Vice Mayor Galligan said for many years this job was two positions; he thanked Mclaughlin for coming to suPport keeping the position elected; need ro have comperenr person; need to look at long term continuity and longevity; would support Musso as city clerk. Mayor O'Mahony felt a single person is most efficient way to go, would support Musso. Councilwoman Janney felt strongly that council vote should be unanimous on this issue; would support Musso. Councilman Coffey wanted to do what is best for the city; public comments seemed orchestrated; those speakers should be embarrassed; he would agree with the rest of council and support Ann Musso. Councilman Spinelli thanked people for expressing their opinions. He moved to appoint Ann T. Musso as City Cterk for the remainder of the elected term to November 6, 2001. Seconded by Vice Mayor Galligan and carried unanimously. Mayor O'Mahony thanked all the candidates who applied. Councilman Coffey gave condolences to piri Ctrief neitly for losing his secretary. There was a recess at 8:10 p.m. The meeting resumed at 8:20 p.m. with all council members present. parks & Recreation Director reviewed his memo of December 22, 1999, whtch recommended couocil accept Altenrate lA anal chrnge the California Drive Landscaping project between Murchison and Dufferin" He introduced tlE arcnitect. Hc further recommended the project area begin approximately 150 feet north of Dufferin Avenue so the existing vegetation can be retained. Staff had originally proposed the project be done in tno phases over thtee or four years so the visual effect of tree iemovat "orld b" reduced, but doing it in phases would destroy much of a new irrigatior system- There are three altemative for couniil to consider: A) remove all the trees and shrubbery at one time and replant immediately; B) do the project in two phases; or C) no change in the proposed proiect' staff has been listening to neighbori of the project and recolDmended we begin the BART project alta 150 feet north of Duffirin to iessen the effect on Dufferin residents. BART will reimburse the city for expenses. of ttris project. Staff responded to council questions; BART has purchased the San Francisco right-of-way down to Dufferin for fiber optics aad tail track; could have a hiking trail along railroad along with morc Iandscaping; if project moved 150 feet north the residents of Dufferiri will have screening from tracks; althougir ai-t-screening will be removed at otrce, it will be replaced and will grow back faster and be better in the long run, Councilwomaa Janney moved to approve recommendation 1A including moving the project 150 feet north of Dufferin. seconded by vice Mayor Galligan and carried unanimously, COMMISSION APPOTNTMENTS Councilman Coffey said he and Counciknan Spinelli interviewed four great candidates for Beautification Commission. He moved to appoint Laura Hesselgren and Iohn Webb' Seconded by Councilnran Spinelli and carried unanimously. Vice Mayor Galligan said he and Councilman Spinelli interviewed for Civil Service Commission and Brrtinsane city counc ', / b0 'arrary 4' mOo recoullllended reappointment of the two incumbents, Jack Heffeman and Keith Kutner. They would like to see the other candidate notified of any future openings on commissions. Seconded by Councilman Coffey and carried unanirrously. Mayor O'lr,Iahony and Councilrvoman Janney interviewed for Park and Recreation Commission. They recommended Jack Erickson and Mary Lawson for appointment. Seconded by Vice Mayor Galligan and carried unanimously. Vice Mayor Galligan and Councilman Coffey interviewed for Traffic, Safety and Parking Commission and recommended reappointment ofthe incumbents, Tim Auran and Jim Evans. Seconded by Councilnan Coffey and carried unanimously. Vice Mayor Galligan noted this commission has not yet met with council; he would like the other candidates to be notified of any future openings. Mayor O'Mahony noted there is an opening on the Planning Commission with three candidates to be interviewed. Councilwoman Janney and Councilman Spinelli were appointed as interview team. There is . also an opening on the Senior Commission and Vice Mayor Galligan and Mayor O'Mahony were appointed as interview team Council asked that all applicants be automatically notified of future openings and that applications be kept on file for two years. COTINCIL ASSIGNMENTS Mayor O'Mahony noted Councilman Coffey would take over all of former councilwoman Knight's assignments. Vice Mayor Galligan expressed an interest in Criminal Justice in the future. Mayor O'Mahony noted there is no altemate for CMAC and Councilman Coffey said he would think about taking that assignment. Vice Mayor Galligan moved to approve tlte assignments as revised. Seconded by Councilman Spinelli and carried unanimously. Vice Mayor Galligan noted there would be a meeting of the School Liaison committee on January 19. City Plarurer reviewed her memo of December 20, 1999, which recommended council review the proposed survey for residents who have been through the Design Review process and approve it or make changes as necessary. Mayor O'Mahony rhought the envelope needs to be coded so we know who does not respond and can follow up on those. Council thanks staff and approved the suwey. CONSENT CALENDAR a.REPORT ON POSSIBLE PI'RCHASE OF PROPERTY AT 1140 LAGIJNA AVENI]E City Attorney's memo of Decemhr 23, 1999, recommended council accept the report and discuss further in Closed Session. Public Works memo of December 29, 1999, recommended council approve a resolution accepting improvements by Robert A. Bothman, Inc. in the amount of $5,103,398 for the ,anuary 4, 2000 /\o\Burlitrgamc City Courcil b.RESOLUTION 3.2OOO ACCEPTING COMPLETION BY ROBERT A. BOTHMAN. INC. OF TOP DECK IMPROVEMENTS. BI'RLINGAME LANDFILL - CP 9117(5'I d c h. soccer field, driving range and concession/pro-shop structure. Public Works memo of Decemb er 28, 1999 , recommended council approve a resolution authorizing the City Manager to sign all program supplement between the City and the State for federally funded projects. PUMP STATION UPGRADE - CP 9618 Public Works memo of Decemb er 27 , L999, recommended council approve transfer of funds in the amount of $80,000 from the california-Grove storm Drain project to the cowan/ Marsten Storm Pump Station project. TIIE VILLAGE PARK REMODELING - CP 9848 Recreation Superintendent's memo of December 202, 1999, recommended council accept ttris project as completed by D.L. Falk Construction. FUNDS Assistant City Manager's memo of December 10, 1999, recommended council approve a resolution transferring $3,286,048 befween current capital improvements to implement first year ofa five-year capital improvements plan. At the lune budget session, Public Vr'orks presented a five-year capital improvement plan, this transfer implements the recommendations presented in that PIan. DEPARTMENT OF FORESTRY Fire Chiefs memo of Decemb er 14, 1999, recommended council approve an agreement with the State Department of Forestry in order to purchase equipment through the GSA. SPECIT{I. EVENT PERMIT FOR BICYCIE RACE IN BURLINGAI\,E AVENUE AREA oNruNE4- 2(nO e f I City Manager's memo of December 15, 1999, recommended council approve the permit for a bicycte race on June 4,2f/jf. The proposed course includes portions of lrrton, Howard, Park, Burlingame Avenue, Prirrose and Bellewe; streets will be posted and residcnts will be notifred well in advance (s080670) AT NO COST TO CITY City Asorney's memo of Decembe r 20, 1999, recommended council approve joinder this Burlirgamc City ColIrcil / by Jaaarv 4' ZX,o amicus curiae brief which is now pending before the Catifornia Supreme Court. J Public Works memo of December 22, 7999, recommended council approve travel expenses for one staff rnember to atrend a university of Nevada seminar on wastewater pumps and lift stations at Las Vegas in February. K. WARRANTSAND PAYROLL OLD BUSINESS Mayor O'Mahony received the commission attendance report, noted six commissioners from vadous commissions have excess absences; in the past have sent letters. Vice Mayor Galligan said the Civil Service Commission does not have regular monthly meetings but these commissionlrs attend a Iot of all day job interviews, this should be considered. courrcil suggested the Mayor call these commissioners and follow up with a letter Iater if needed. NEW BUSINESS An appeal hearing was scheduled for the January 19 meeting for 949-969 Rollins Road condominium project which was denied by the Planning Commission. There was also an appeal letter from the Millikens about a tree removal denied by Beautification but the letser was received after the l0 day appeal period ended. Councilman Spinelli asked about possibility of a joint meeting with the San Mateo City Council regarding the Peninsula Avenue overpass; once the fteeway is widened there will be no way to make it a full interchange; the area is not in our city, it's San Mateo and County land, but our citizens are most affected. Mayor O'Mahony said she met with the Mayor of San Mateo on December 30 and would consider a joint meeting in future; she would like the Public Works Director to advise council Vice Mayor Galligan entertained the third grade from Roosevelt School at city hall and a fre engine was also displayed for the kids; went to Audit Commiffee meeting with auditors, city got a great report; went to Judy Malfatti's retirement, Chamber of Commerce, City Selection and Lions Club year-end luncheon. councilwoman Janney went to the chamber of commerce meeting, city Selection and an open house by Chamber. Councilman Spinelli attended a retirement party for Gerry Peluffo. Mayor o'Mahony went to ccAG, MTC preview of 20 year transportation piar; memorial service for former commissioner BiIl ward and on New years Eve watched the Emergency Operations Center at work. January 4, 20O0 Burlingamc Ciry Corrncil Finance Director recommended payment of warrants 67006 - 6760'7 , duly audited, in the amount of $3,162,295.13, Payroll checks 12177 4 - 122542 for rhe montr of November 1999 in the amount of $1,247,o54.93 and Electronic Fund rransfers for the month of November 1999 in the amount of $452,426.22. Vice Mayor Galligan moved approval of the Consent Calendar. Seconded by Councilwoman Janney and carried unanimously by voice vote. COUNCIL COMMITTEE REPORTS /"b c on this; would like a traffic count this month; this is very sensitive issue. Vice Mayor Galligan asked about the status of "drive-in" site project; staff noted thal will come back to the Planning Commission end of January, could come to council in February or March. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, December 2; Traffic, Safety and Parking, December 9; Planning December 1 and December 13, 1999. b. Departrnent Reports: Treasurer, November 30, 1999; Building, November 1999; Police, November 1999. "Taxpayers for Fair Competition" letter regarding a lawsuit preventing government use of private architects or engineers. d Letters from James Brogan and Beatrice Boland objecting to the proposed storage facility on Howard Avenue. Proclamation honoring Paul Borg on his retirement. Plaruring memo regarding two meetings in the City of San Mateo about the office project at 301 Airport (drive-in site). Letter from AT&T Cable regarding release of the recent programming survey to resideuts. Letter from Mrs. Huebner regarding city clerk position and response letter from Vice Mayor Galligan. Letter from Scott and Martha Milliken requesting permission to remove a Brazilian Pepper tree ar 1750-L752 Sequoia. Vice Mayor Galligan would like staff to research TCI representatives statements on surveys from the 1998 city council meeting hearing. The meeting reconvened at 9:52 p.m. and the City Attorney summarized that council rejected tlre two claims of the Gladysz' and gave direction to staff on the other matters. e f h I Burlingame City Courcil /,,\Iamary 4, 400 CLOSED SESSION Council moved into closed session at 9:05 p.m. for a conference with City Attorney regarding (a) threatened litigation: 1) Claim of Anae Diamond; 2) Claim of Edward Gladysz; 3) Claim of Judy Gladysz; and 4) Claim of Paolo Alberto Loyola; (b) for a conference with the City Attomey regarding authorization to initiate litigation in one matter and (c ) for a conference with Real Property Negotiators, the City Manager and City Attomey oo Property acquisition at 1lz[() Laguna. ADJOI,RNIVIENT IN MEMORY OF ELIZABETH RICHMOND AND CELESTINO ROMTILT Mayor O'Mahony noted with sadness the recent passing of Civil Service Commissioner Vic Richmond's mother, Elizabeth Richmond, and also Celestino Romuli. who devoted much time to soccer rvith Burlingame youth. After a moment of silence in their memory, the meeting was adjourned at 9:55 p.m. Ck,r-/ TrLu,aa jm Ann T. Musso Ciry Clerk {\,January 4,2000 4 Burlingamc City Corncil