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HomeMy WebLinkAboutMin - CC - 2000.05.01BURLINGAME, CALIFORNIA May 1,2000 1. 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. Mayor Rosalie O'Mahony called the meeting to order at 7:00 p.m. MEMBERS PRESENT: MEMBERS ABSENT: GALLIGAN, JANNEY, SPINELLI, COFFEY, O'MAHONY NONE 4. MINUTES Vice Mayor Galligan made a motion to approve the Minutes of the Regular Meeting of April 17,2000; seconded by Councilman Spinelli. Motion approved unanimously, 5-0. CONTINUATION OF APPEAL HEARING OF THE PLANNING COMMISSION'S DENIAL5a) WITHOUT PREJUDICE OF A MITI ATED NEGATIVE DECLARATION AND FIVE PARIflNG VARIAN A TWO STORY OFFICE BUILDING AT 1411 CHAPIN AVENUE" ZONED C.l SUBAREA B-1 City Planner Monroe recoflrmended in her staff report dated May 1, 2000 that Council continue the public hearing on the appeal of the 8,301 SF office project to May 15, 2000 because the applicant submitted revised plans of the project in the late afternoon of April 26,2000, the day the packet was due to the City Clerk for distribution to Council. This submittal changed aspects of the application which could affect the number of exceptions to the code, the plans were different than those reviewed by the Planning Commission, and these changes were not available to the public during the public noticing period which commenced on April2l, 2000. Councilman Coffey made a motion to continue the public hearing to May 15, 2000; seconded by Vice Mayor Galligan, motion carried unanimously, 5-0. sb)BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT _ SETTING 2OOO.O1 ASSESSMENTS City Manager Argyres referred to his memo dated April 25, 2000, stating that at the April 3, 2000 meeting, Council adopted a Resolution of Intention to set 2000-01 Broadway Area Business Improvement District Assessments, setting the May lst meeting as the public hearing date. There were no changes proposed in boundaries, assessments or classifications from the prior year. If there was a majority protest of the value of the assessments of any of the items suggested, the Resolution may not be approved. There were no protests concerning the continuance of the assessments of the Broadway Area Improvement District. Burlingame City Council 123 May l, 2000 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Gary Missel, Burlingame Police Chief 3. ROLL CALL Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Councilman Coffey moved to approve the Broadway Area Business Improvement District's 2000-01 Assessments; seconded by Councilwoman Janney, motion carried unanimously, 5-0. 5c) RESOLUTION OF NECESSITY TO ACQUIRE THE REAL PROPERTY AT 1369 NORTH CAROLAN AVENUE FOR RECONSTRUCTION OF THE CORPORATION YARD City Attorney Anderson stated that this public hearing was originally set to determine whether to acquire the real property located at 1369 North Carolan Avenue. He stated City Staff and Special Council Mike Nave have been working with the owners and tenants of the property to come to an amicable resolution regarding the acquisition, and believe this may happen within the next month; requested the public hearing be continued to May 15'h. Staff does not feel a solution will be found by that date, but should have a better idea at that time when to reschedule the public hearing. Councilman Spinelli made a motion to continue the public hearing for the Resolution of Necessity to Acquire the real property at 1369 North Carolan Avenue until May l5'h; seconded by Vice Mayor Galligan, motion carried unanimously, 5-0. City Attorney Anderson referred to his staff memo regarding adoption of a Resolution of Necessity to acquire real property at 1347 North Carolan Avenue for the Corporation Yard expansion. This property, which is currently leased by the city, is just south of the existing corporation yard. An updated ofler has been given to the owner based on current land values, which continue to change. It is anticipated that staff will be able to negotiate an agreement to acquire the property, however, by passing the Resolution of Necessity, the value of the property will be fixed. Public Works Director Bagdon displayed an overhead of the site showing what portion of the corporation yafd is owned by the City and what portion is the real property that needs to be purchased. The presentation showed Council the schematic of the new project incorporating administration, street, sewer and water departments into one building, the covered parking on the side for City vehicles, and landscaping in the front. Located in the center would be the auto shop, facilities maintenance and electrical department. In order to include all of these functions, it would be necessary to purchase 1347 North Carolan. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Vice Mayor Galligan made a motion to adopt the Resolution of Necessity #49-2000 to acquire the real property at 1347 North Carolan Avenue for reconstruction of the Corporation Yard; seconded by Councilwoman Janney, motion carried unanimously, 5-0. May 1, 2000 124 Burlingame City Council 5d) RESOLUTION OF NECESSITY 49-2000 TO ACQUIRE THE REAL PROPERTY AT 1347 NORTH CAROLAN AYENUE FOR RECONSTRUCTION OF THE CORPORATION YARD 6)PUBLIC COMMENTS Tom and Susan Bowen, 2000 Davis Drive, requested support from Council in helping the Burlingame families who live west of Hillside that are attempting to enroll their children in Burlingame High School; 50-60 families per year fill out inter-district transfers; if there is a waiting list at BHS, there are usually l0- 25 Burlingame families that are placed on a waiting list. This policy has been in place since 1980; stressed to Council the concerns faced when there is a chance their children will not be able to continue school with their friends and support group. Feels there won't be changes made to the SMUHSD open enrollment policy if there is nobody from Burlingame on the Board; feel as residents who have helped to pay for the new Aquatic Center at BHS, they should be able to attend the school. Mr. Bowen presented the City Manager with 180 signatures of parents requesting a policy change. Jeffrey Gressard, 1452 Cabrillo, stated his son still remains on the waiting list and reiterated the request for support from the City Council in attempting to change the open enrollment policy that is in place by the SMUHSD. 7a)INTRODUCTION OF AN ORDINANCE TO APPROVE AN ULTRA LOW FLUSH TOILET AND ULTRA HIGH EFFICIENCY WASHING MACHINE REBATE PROGRAM Director of Public Works Bagdon stated that in 1997, Council approved the "Urban Water Management Plan", which is required by the State of California to be adopted by every urban water supplier in order to ensure proper water management. One of the elements of the plan includes water conservation. Two management practices outlined in the plan that have not been implemented include a rebate program for ultra low flush toilets and high efficiency washing machines. The cost is estimated at $10,000 for the first year. This would provide a rebate in the form of a water credit on the resident's water bill for $50 for an ultra low flush toilet and $75 for an ultra high efficiency washing machine. To be eligible for this rebate, applicant must be a Burlingame resident, show proof of purchase, and understand that the City may want to come to the home to make sure the toilet or washing machine has actually been installed. This program would be advertised on the City's website, in the utility bill, and in the local newspaper. DPW Bagdon noted Millbrae has a similar program that has been very successful. Finance would be handling the receiving and tracking of the rebate applications. This program has a modest cost with a high payback in water conservation. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Mayor O'Mahony requested the City Clerk read the title of the Ordinance; Councilman Coftey made a motion to waive further reading of the Ordinance; seconded by Councilwoman Janney, motion carried unanimously, 5-0. Councilwoman Janney made a motion to introduce the Ordinance to approve an ultra low flush toilet and ultra high efficiency washing machine rebate program; seconded by Vice Mayor Galligan, motion carried unanimously, 5-0. Mayor O'Mahony directed the City Clerk to publish notice of the proposed ordinance at least five days before its proposed adoption. 7b)SUGGESTED RESCHEDULING OF MAY 17 SPECIAL MEETING TO JUNE 21 2000 Burlingame City Council 125 May 1, 2000 City Manager Argyres noted that a major issue for discussion at this special parking meeting is the type of downtown development the City desires for the future. Because of a planned vacation, the City Planner would not be able to attend the May 17'h meeting; suggested rescheduling this meeting to Wednesday, June Zl"t at 6:30 p.m. Councilman Coffey made a motion to approve the rescheduling of the special parking meeting from May lTth to June 21, 2000; seconded by Vice Mayor Galligan, motion carried unanimously, 5- 0. At this time, Mayor O'Mahony requested that Dwana Bain, Reporter for the Independent Newspaper, inform the public if the newspaper could do an article on the ultra low flush toilet and high efficiency washing machine rebate program that was introduced 8) CONSENT CALENDAR Items 8a and 8h were removedfor discussion. 8b)RESOLUTION #5I.2OOO TO ACCEPT PUBLIC SIDEWALK EASEMENT F'OR 8c)RESOLUTION #52.2000 APPROVING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVI CES:STORM DRAIN IMPROVEMENTS,LIFORNIA/GROVE AREA. PHASE 2. CITY PROJECT N o.9829 Director of Public Works stated the storm drain project currently taking place ends at Hillside and El Camino Real; he is requesting approval of an agreement that would design the pipe to go down El Camino to Mills Avenue to California Drive, under the railroad tracks and into the Mills Creek. It's a continuation and part of the Master Plan presented to Council in 1999. The work will be done in coordination with the work being done on El Camino Real by Cal Trans. Director of Public Works Bagdon recommended that Council approve Resolution #53-2000 awarding a professional services contract to Wilbur Smith and Associates for Burlingame Avenue Parking Study Phase 2 in the amount of $119,190. Ee)AUTHORIZE CITY TO JOIN IN AMICUS CURIAE BRIEF IN ASSOCIATED City Attorney Anderson requested approval to join in amicus curiae brief at no cost to the City in Associated May 1,2000 t26 Burlingame City Council GARDEN INN AT 765 AIRPORT BOULEVARD Director of Public Works Bagdon recommended that Council approve Resolution #51-2000 to accept the sidewalk easement behind the driveway at765 Airport Boulevard. 8d) RESOLUTTON #53-2000 AWARpTNG A PROFESSIONAL SERVICES CONTRACT TO WILBUR SMITH AND ASSOCIATES FOR BURLINGAME AVENUE PARKING STUDY, PHASE 2, CITY PROJECT NO. 9908 HOME BAILDERS OF NORTHERN CALITORNIA VS. CITY OF NAPA (CAJ,IFORT{IA COURT OF APPEAL CASE NO. AO9O437) Home Builders of Northern Califurnia vs. City of Napa, which is now pending before the California Court of Appeal. 80 REQUEST FOR OUT-OF.STATE TRAINING Police Chief Missel requested Council approve a request for the School Liaison Officer to attend an out-of- state training course for Gang Resistance Education and Training. CM Argyres suggested Council approve the proposed amendment to the Special Event Permit for the June 4th bicycle race to include arace exposition area with food and product displays. Councilwoman Janney made a motion to approve items 8b, 8c, 8d, 8e, 8f, 8g and 8i; seconded by Councilman Coffey, motion carried unanimously, 5-0, with Councilman Spinelli abstaining from item 8c. 8a)SPECIAL ENCROACHMENT PERMIT FOR A WOODEN FENCE IN THE PUBLIC RIGHT.OF.WAY AT 1701 BROADWAY Director of Public Works Bagdon recommended that Council approve the special encroachment permit for a wooden fence in the public right-of-way at l70l Broadway. Vice Mayor Galligan stated he felt this resident was caught putting a fence up in the City's easement and noted there is no penalty or fine in the code; also concerned that the City is giving away one foot of property to this resident by approving this encroachment permit; wants to make sure the recorded title is properly worded so that there is no confusion that the City still owns that land. CA Anderson noted that the City of Burlingame has a history of recording encroachment permits such as this. It also states the conditions upon which the permit is granted, and that the City could request the removal of the fence by the property owner or the City can physically remove it upon written notice to the property owner. CM Argyres feels that in most cases, residents do not realize they have encroached upon the Cities property and that it is usually unintentional. All encroachment permits are brought to Council before issued. Councilman Coffey was concerned with the size of the fence that was being built, and that it is not at all similar to the existing white picket fence. DPW Bagdon confirmed the fence is 6' on the Broadway side and 5' on Cortez side and is of legal height. CP Monroe stated that the code states you measure the height of a fence from adjacent grade to the top of the fence, andT' is allowed in the side setback and 5' in the front setback, however, this encroachment permit is limiting the height of the fence to 6'in the side setback and 5' in the front setback. It was noted the white picket fence will be removed entirely and the new fence will respect the 15' setback at the corner to protect sight lines. Vice Mayor Galligan made a motion to approve the special encroachment permit for a wooden fence in the public right-of-way at l70l Broadway. He also asked staff to look into charging a penalty fee to people who build in the public right-of-way without encroachment permits. Seconded by Councilwoman Janney, motion carried unanimously, 5-0. Burlingame City Council 127 May 1,2000 8g) AMENDMENT TO SPECIAL EVENT PERMIT-BICYCLE RACE JUNE 4.2000 8h)USE OF'DEPOT BY LOCAL NON.PROFIT GROUPS Director of Parks and Recreation Williams recommended Council authorize the use of the Depot, on a six- month trial basis, as a site for fund-raising sales by non-profit groups whose service area includes the Burlingame Community. Vice Mayor Galligan felt it would be beneficial if this site could work for some non-profit groups to raise money, but was concerned about the busy location of the Depot and if there was an event that brought a lot of people to this corner, there could be additional traffic problems. CA Anderson suggested a paragraph be added to the rental policy that states an applicant has to provide a security, parking and pedestrian plan and submit them to the Parks and Recreation Department for review with their application. Vice Mayor Galligan made a motion to approve the request to allow local non-profit groups use of the Depot, and that a paragraph be added to the rental contract requiring a security, parking and pedestrian plan; seconded by Councilman Coffey, motion carried unanimously, 5-0. 8i)ADOPT RESOLUTION 54.2OOO TO REGULATE PARKING FOR STREET SWEEPING IN THE AREA BETWEEN BROADWAY AND GROYE AVENUE AND EL CAMINO REAL AND CALIFORNIA DRIVE Director of Public Works Bagdon recommended that Council approve Resolution 54-2000 to regulate parking for street sweeping in the area between Broadway and Grove Avenue and El Camino Real and California Drive. 9. COUNCIL COMMITTEE REPORTS Vice Mayor Galligan participated in the BCE Fun Walk, as well as starting the countdown, Spirit of OLA helping seniors with house repairs, attended a two day program in Sacramento regarding City and County Schools Partnership, Council of Cities Dinner, Boy Scouts Dinner, swearing-in of newly promoted Sergeant Mike Matteucci, Lions Easter Egg Hunt and Pancake Breakfast, and the Planning Commission hearing for 999 Howard. He noted that the five commissioners present at the hearing conducted themselves in a very professional manner and did a great job handling the crowd and the developer. Councilwoman Janney attended the Council of Cities Dinner, Boy Scout Dinner, PCLO Auxiliary Luncheon and production of "Damn Yankees"; attended the Transportation Summit, which was an effort to bring all the groups involved in transportation together in hopes that eventually there could be a single voice in the County to speak on transportation issues. Councilwoman Janney was happy to state that the San Mateo County Convention and Visitors Bureau has hired Ann LeClair, a former Executive of the San Mateo Chamber of Commerce, as the new CEO. In addition, she stated she has actively been working with the Foundation that is doing the planning for the new Aquatic Center. She noted that the contractor has changed the opening date of from June 3'd to June 17'h. Councilman Spinelli attended the swearing in of Sergeant Mike Matteucci and the Emergency Services Council budget meeting. Councilman Coffey attended a Boy Scout Dinner, Committee Meeting for District Elections for County Supervisors, Transportation Summit, Burlingame Lions Easter Egg Hunt and Pancake Breakfast, Airport Land Use Committee Meeting, Council of Cities Dinner, Spirit of OLA helping seniors with house repairs, BCE 5K Run, swearing-in of Sergeant Mike Matteucci. Councilman May 1,2000 t28 Burlingame City Council Coffey thanked Vice Mayor Galligan for giving up two days of his busy schedule to represent the Council at the City and County Schools Partnership held in Sacramento. Mayor O'Mahony attended SAMCAR's Board of Realtors meeting, met with the Chairman of the Beautification Commission, Burlingame Lions Pancake tsreakfast and Easter Egg Hunt, Public Utilities Commission Meeting in San Francisco, Council of Cities, opened the BIS Fun Walk/Run, and attended the C/CAG Finance Committee Meeting. 10. OLD BUSINESS There was no old business. 11. NEW BUSINESS Vice Mayor Galligan inquired how long it takes to post the agenda on our Internet site once it is finalized on the Thursday before the Council meeting. City Clerk Musso stated at the present time, a consultant is responsible for posting the agenda and minutes on the website, however, it is the plan to train each department committee member in this procedure. Upon being trained, the City Clerk will be able to post the agenda as soon as it's finalized. Vice Mayor Galligan felt that after attending the Planning Commission meeting on999 Howard Avenue, he sensed the Planning Commission would like to consider commercial design review. Mayor O'Mahony noted that there is evidence this may be needed, but was reluctant to rush into this due to the workload already being carried by the Planning Commission. Councilman Spinelli and Councilman Coffey agreed that commercial design review was very important and something to be considered. Councilwoman Janney noted that although she was not enthusiastic about design review, felt this should be researched and considered; noted that the Chair of the Planning Commission feels this would also be beneficial. Vice Mayor Galligan noted that the General Plan for Burlingame is 40 years old; thought it may be time to review the General Plan due to the overlay zone situation on Rollins that recently occurred, as well as the project at999 Howard which is a transition area; thought there may be more transition areas that need to be addressed. CM Argyres noted this is a new Planning Commission and the history of the General Plan creation was lost when Chuck Mink left; also, nobody on the current Council has been through revising the General Plan. Revising the General Plan could take one to three years and cost hundreds of thousands of dollars. It took San Mateo five years to revise their General Plan; it is a major undertaking that needs to be carefully defined and could be disturbing to the community. Mayor O'Mahony suggested this be discussed during a study session possibly in the fall. Councilwoman Janney acknowledged that Tom Moore, Superintendent of the San Mateo Union High School District, was in the audience but had missed the public comments. Mayor O'Mahony allowed him to corne forward and speak. Mr. Moore stated he assumed the public comments earlier in the meeting were regarding the wait list for Burlingame High School; noted that there were six families removed from the list and will be able to enroll in BHS. There are four remaining students attempting to get into the school, but there is a process that the district follows which they will continue to use. Councilman Coffey requested an update on RCN Cable and the services they may provide to the residents of Burlingame. CM Argyres explained RCN is a company that was established back East that wants to build a cable internet and phone service between San Franciscc d(rd San Jose. They have approached the City of Burlingame City Council L29 May 1, 2000 a. b. c Burlingame, as well as other cities, on how to move forward; Burlingame is cooperating with four other cities as part of SAMCAT in terms of what the franchise requirement may be for this. There is a 95% draft of a franchise agreement; term and how long a period they would have to build out the underground section of the City are still being discussed. One of the franchise requirements for cable is the whole City has to be serviced, not just parts of the City. RCN wants to do the overhead area first, but staff wants to know what the schedule is as far as offering services throughout the City. RCN is requesting a2}-year term, which is longer than the term provided to AT&T. 12. ACKNOWLEDGEMENTS Commission Minutes: Planning, April24; Traffic, Safety and Parking, April 13; Beautification, April 6; Senior, April 20 Monthly Reports: Parks and Rec, Third Quarter 199912000 Letter from M.D. Ifuight regarding SFO's new International Terminal Letter from Bill Evans regarding the Glenborough Office Complex Letter from David Schlossman, 577 Airport, regarding Storage USA project Letter from Jack Pacheco, 1544 Meadow Lane, regarding overcrowding at Burlingame High School Letter from Sam Malouf, 1426 Burlingame Avenue, regarding color and texture of sidewalks on Burlingame Avenue Mayor O'Mahony asked Director of Public Works if he had addressed this letter yet. DPW Bagdon stated he had talked to the power washing company who stated that it is typical to have these problems in areas near restaurants and supermarkets where food is taken out of the building. It was indicated that any color is going to stain; a sealer could be applied but it is costly. Currently this area is power washed four times per year, and this is the same color used in front of the library and in other areas in the downtown area. Sealing the areas in front of restaurants could mn approximately $600 and last three to four years; the sealer could also change the color of the sidewalk. Councilman Spinelli suggested requesting the merchants wash down the sidewalks in front of their stores on a weekly basis. CP Monroe suggested when restaurants ask for a change to their conditional use permit, regular power washing could be included as one of the conditions. h. Letter from Burlingame Community Members regarding lighting at Aqua Center Mayor O'Mahony noted that the school district has autonomy regarding building of their projects. Vice Mayor Galligan spoke to the school district and verified that the expansion of the pool from 25 meters to 50 meters did not change the height of the light poles. A photometric study was conducted by the architect that showed there would be no spillover affecting the neighbors. The school district will review the study with the pool architect and contact the neighbors. d. e. f. ob' May 1,20fi)130 Burlingame City Council 13. ADJOURNMENT Mayor O'Mahony adjoumed the meeting at8:27 p.m. Cr,,,r*A Vn turu Ann T. Musso City Clerk Burlingame City Council 131 May 1, 2000