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HomeMy WebLinkAboutMin - CC - 2000.03.06BURLINGAME, CALIFORNIA March 6, 2000 A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Rosalie O'Mahony called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Manager Dennis Argyres ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: JANNEY, SPINELLI, COFFEY, GALLIGAN, O'MAHONY NONE MINUTES The minutes of the Joint City Council/Planning Commission Study meeting of February 26,2000 were unanimously approved after City Planner Monroe noted that there had been information from the meeting inadvertently omitted from the original minutes. Corrections had been made and minutes redistributed to City Council before the meeting. Councilman Spinelli made a motion to approve the minutes as amended; seconded by Vice Mayor Galligan. Minutes were unanimously approved by voice vote, 5-0. PT]BLIC HEARING - APPEAL OF 360 PRIMROSE ROAD. ZONE C-1. SI]BAREA B-I.. APPLICATION FOR PARKING V ARIANCE AND CONDITIONAL USE Applicant requested a continuance for this public hearing until April 17,2000. Councilwoman Janney made a motion to continue the public hearing for 360 Primrose Road, seconded by Councilman Spinelli; unanimously approved by voice vote, 5-0. PUBLIC HEARING - CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR FOUR GREEN FTELDS. 1107 BURLINGAME AVENUE Council approved an amusement permit at the September 9,1999 Council Meeting for Four Green Fields, 1107 Burlingame Avenue, to have music and entertainment inside the store during certain hours. At that time, the owners indicated they were considering speaking to neighbors about amending the permit to allow some audible music outside, however, at this time they have apparently not proceeded with this alternative. The City has not had any futher communication from Four Green Fields and it is now time to renew the existing permit for inside entertainment. Staff recommended renewal for a period of three months so that the permit can be considered at the same time as annual renewals for other amusement permits. Mayor O'Mahony opened the public hearing; there were no comments and the public hearing was closed Councilman Coffey moved to approve the amusement permit for Four Green Fields for a period of three - months, seconded by Councilwoman Janney; unanimously approved by voice vote, 5-0. Burlingame City Council 9l March 6,zwo CALL TO ORDER a. PUBLIC COMMENTS Paul Bartke,76 Fay Avenue, San Carlos, spoke regarding his claim against the City that had been denied by City Attorney Anderson. He explained he was wrongfully arrested on March 6,1999 by Burlingame Police and feels it is not acceptable that his claim was denied. APPOINTMENT OF CITY REPRESETATIVE TO PENINSULA CONGESTION RELIEF ALLIANCE City Manager Argyres spoke regarding Burlingame's participation in ITSMA (Inter-City TSM Agency) over the past ten years. "MTSMA" (Multi-City TSM Agency) is the agency in the north county that primarily involves elected officials. Recently it was decided to merge the two agencies into one transportation management organization, operating under the name "Peninsula Congestion Relief Alliance". For govemance pufposes, it was decided that each City be represented by an elected official. At the initial meeting, the two Boards will explain how they will go about merging the two agencies, as well as the new Board of Directors. Councilwoman Janney felt as the newest Council Member, Councilman Coffey would be the best person to represent the City of Burlingame. Councilwoman Janney made a motion to appointment Councilman Coffey to the Peninsula Congestion Relief Alliance, seconded by Vice Mayor Galligan, unanimously approved by voice vote, 5-0. CONSENT CALENDAR TENTATIVE AND FINAL PARCEL MAP FOR A LOT SPLIT AT 1033 BALBOA AVEI\TUE. PM 98-9 Recornmended by Director of Public Works that Council concurs with the Planning Commission and approves this proposed lot split as a Tentative and Final Parcel Map subject to conditions outlined in his staff report. CHANGE OF METHOD OF PERS EMPLOYEE CONTRIBUTION _ AFSCME LOCAL 829: (1) RE,SOLUTION #3O.2OOO ADOPTING RESOLUTION IMPLEMENTING SECTION 414(ID(2) OF THE INTERNAL REVENUE CODE: AND (2) RESOLUTION #31-2000 IMPLEMENTING SECTION 414(HX2) OF THE INTERNAL REVENUE CODE Recommended by City Manager to approve the request made by AFSCME Local 829 to change method of employee PERS contribution for all classes; salaries will be increased by 7oh, but the employee would pay their own 7Yo contribution to PERS, which is tax deferred by virtue of an IRS 414(h)(2) provision. This would be the same as the seven other bargaining groups in the city. c.RESPONSE TO BRIAN GAFFNEY'S LETTER OT'F'EBRUARY 23.2OOO REOUESTING RECORDS City Attorney requests authorization to respond to request of Brian Gaffney for public records and provide copies pursuant to the Public Records Act. Vice Mayor Galligan asked CA Anderson if Council had any requirement to copy the requested documents now and potentially not get reimbursed. CA Anderson stated typically these requests would be made to the City Clerk or City Manager; since this request was made directly to Council, only Council can give direction b. March 6, 2000 92 Burlingame City Council on the request; explained that the Public Records Act provides that the City is obliged to make copies available and is entitled to charge a reasonable cost for making the copies. Because of the volume of the copies, a professional copy service had been contacted for an estimate on charges; the requester would be required to make a deposit with the City for the estimated cost of the copies, which would be drawn upon up to the point where the money ran out based on the copy services performed. The City does not have the - resources or facilities to make the volume of copies requested at .06 per copy, therefore, it would be necessary to hire a professional copy service. Normally, a professional copy service charges .35 per copy, but because of the volume in this case, the copy service has given an estimate of .20 and .25 per page based on the effort it is going to take them to disassemble the files, make copies, and reassemble the files. d) REJECT CLArM OF PAUL BARTKE FOR WRONGFUL ARREST ON MARCH 6. 1999 CA Anderson recorlmends rejecting claim of Paul Bartke for wrongful arrest on March 6,1999. Councilman Spinelli made a motion to approve items a, b, and c of the Consent Calendar, seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Item "d" was approved by voice vote, 4- 0-1, with Vice Mayor Galligan abstaining due to his having a personal relationship with the involved party. Vice Mayor Galligan attended the "Peninsula Quiz for Kids", the Vietnam Memorial in San Carlos, Council of Cities meeting, Taste of the Town, and the Heart Association Luncheon. Councilwoman Janney attended C/MAC, County Historical Society 65n Anniversary, Mills Peninsula Hospital Foundation Dinner, and the Convention and Visitors Bureau Meeting. Councilman Coffey attended the Heart Association Luncheon, Council of Cities meeting, Convention and Visitors Bureau Meeting. Councilman Spinelli attended the Airport Roundtable Meeting. Mayor O'Mahony attended the Council of Cities Meeting and Taste of the - Town. All Council Members attended the opening of the Driving Range on March 3 as well as the Joint Planning Commission/City Council Meeting on February 26. OLD BUSINESS There was no old business. NEW BUSINESS Councilman Coffey stated that the project at 301 Airport Blvd. was scheduled for study on March 27 with an action scheduled for May 3. This project has been in the works since 1998. The project being presented on March 27 will require no variances or special permits. The Planning Commission had scheduled the actual action hearing on May 3 due to commissioner vacations. Councilman Coffey recommended that the action hearing be moved from May 3 to April 10 because with the action timeline, should an appeal be filed, it could not be agendized for the City Council until the May I meeting. Also, CP Monroe will be on vacation at the end of May. By moving this item up on the Planning Commission's calendar to the April 10, it would allow CP Monroe to be in attendance during the entire appeal process, should there be one. Councilman Coffey made a motion that the City Council recommends a request to the Planning Commission that they schedule the action item on 301 Airport Blvd. project for April 10. Councilwoman Janney - seconded the motion, approved by voice vote, 4-0-1, with Vice Mayor Galligan abstaining at this time. Burlingame Ciry Council 93 March 6,zm Councilman Spinelli requested a Resolution concerning addressing Airport Noise Potential in EIR's be placed on the next agenda. yor O'Mahony asked the Council to take a stand on SB402-Binding Arbitration. She called on Police Chief Missel who noted there are plenty of avenues employees can take to air their grievances and settle their differences in the workplace; believes local government is the most effective level of govemment to address these issues and fears binding arbitration at the state level can cause management to lose control of disciplining personnel. Fire Chief Reilly agreed with Chief Missel's comments. Noted that over the years, the relationship between management and labor has been good; there are times when it is necessary to take action to maintain the service levels and auitudes they strive to improve and call upon. CA Anderson noted that a Resolution was adopted in 1999 in opposition of SB402; recommended this Resolution be communicated to the Governor and Legislature. ADJOURNMENT IN MEMORY Mayor O'Mahony asked for a moment of silence in memory of Mr. George Erbacher, City Engineer Frank Erbacher's father who died on March 3'd. Mayor O'Mahony adjourned the meeting at7:26 p.m. A/iltu1ZurrtarA Ann T. Musso City Clerk March 6, 2000 94 Burlingame City Council