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HomeMy WebLinkAboutMin - CC - 2000.05.15BURLINGAME, CALIFORI\IA May 15, 2000 I. 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. 2. PLEDGE O F ALLEGIANCE TO THE F'LAG Led by Mara Kahn, Senior Commission 3. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: COFFEY, GALLIGAN, JANNEY, SPINELLI, O'MAHONY NONE Vice Mayor Galligan made a motion to approve the Minutes of the Regular Meeting of May 1,2000; seconded by Councilwoman Janney. Motion approved unanimously by voice vote, 5-0. 5. CEREMONIAL MATTERS Mr. Ron Davis, Senior Vice President of Operations for U.S. Filter Operating Services traveled from Texas to present an award to the Mayor and City Council. This award represents one of the initial contracts in public/private partnerships in this type of business and Mr. Davis was honored to present the award to Mayor O'Mahony. The second ceremonial matter was a presentation to the City Council by Mara Kahn of the Senior Commission. She presented the 2000 Edition of the Senior Resource Handbook, an informational guide for Burlingame Senior Citizens, their families, friends and caregivers. Ms. Kahn expressed her thanks for the support from Council regarding the senior population in Burlingame. Copies of the handbook were distributed to Council and Staff. PUBLIC HEARINGS CONTINUATI ON OF APPEAL HEARING OF PLANNING COMMISSION DENIAL VARIANCES FOR A NEW TWO STORY OFFICE BUILDING AT 1411 CHAPIN AVENUE" 6. il. WITHOUT PREJUDICE OF A NEGATIVE DECLARATION AND FIVE PARKING ZONED C-l SUBAREA 8.1. City Planner Monroe stated the applicant has requested a continuance to June 5, 2000 on this appeal. Councilman Coffey made a motion to continue the public hearing; seconded by Councilman Spinelli, motion May 15,2000 t32 Burlingame City Council 4. MINUTES carried unanimously, 5-0 b. APPEAL OF PLANNING COMMISSION DENIAL FOR A PARI(NG VARIANCE AND CQNDITIONAL USE PERMTT FOR 360 PRIIIIROSE ROAD, ZONED C-1, SUBAREA B-1 City Planner Monroe stated the applicant has requested a continuance for this appeal to the meeting of September 5, 2000. It was suggested by CP Monroe that this be the last continuance granted since the Planning Commission acted on this project on January 24,2000. Councilman Coffey made a motion to continue the public hearing; seconded by Councilwoman Janney, motion carried unanimously by voice vote, 5-0. c. APPEAL OF CITY COUNCILS DENIAL WITHOUT PREJUDICE OF A CONDITIONAL USE PERMIT FOR A245 SF ADDITION AT THE FRONT OF' THE TRINITY LUTERAN CHURCH.1245EL CAMINO REAL.ZONED R.3 (PAUL POPE, PRESIDENT, APPLICANT: TRINITY LUTHERAN PROPERTY OWNER; RONALD PERNER. ARCHITECT) City Planner Monroe referred to her staff report dated May 15,2000, noting that this project was denied without prejudice at the April 17th Council meeting. Specific direction was given to the applicant suggesting they return to Council when they had time to review the changes suggested by the Planning Commission. Those changes included designing a flat skylight and protecting one of the orange trees on the property during construction. The revised plans consist of the addition for the restrooms ot'254 square feet and a covered porch entrance; plans show a four-sided hip tile roof with one and three pitch over the entrance portico. The remainder of the new structure is flat roofed. The roofed entryway sits in front of and blocks the view of approximately half of the flat roofed additions for the restrooms behind it. From El Camino Real, approximately 9' of the flat roof restroom addition would be visible beyond the eve of the entryway. A 4' x 4' flat skylight is to be placed in the restroom roof area on the flat roof area. The applicant did not indicate the color the skylight would be, but it was recommended that it be tinted. Two attachments were included with the staff report; a letter from Reverend Harlan Limmer, Pastor of Trinity Lutheran Church, noting the need for the disabled accessible facilities and the benefit of being able to get to the restroom area without going outside the building; the second was a rendering of the project submiued by the Ronald Pemer, Architect. Mayor O'Mahony opened the public hearing. Ken Newman, 1401 Carmelita Avenue, came forward to represent Trinity Lutheran Church. Mr. Newman stated he felt all the conditions requested by Council were met and hoped that their request for the conditional use permit would be granted. Mayor O'Mahony asked if the pitched roof is carried on beyond the addition. Mr. Newman stated the existing roof is pitched and that the proposed portion will also have a pitched roof. Mayor O'Mahony closed the public hearing. Councilman Coffey made a motion to approve this request as the resubmitted application meets the recommendations that were given by the Planning Commission as well as the City Council; seconded by Councilwoman Janney. Mayor O'Mahony called for a voice vote on the motion to approve by Resolution the Conditional Use Permit for 1245 El Camino Real; motion passed unanimously, 5-0. Burlingame City Council r.33 May 15, 2000 At this time, Mayor O'Mahony stated she inadvertently forgot to recognizedMay as "Older American's Month", and subsequently presented a Proclamation to Katie McCormick, Chairwoman of the Senior Commission. Mayor O'Mahony thanked Commissioner McCormick for all the hard work she does on the Commission. .r i" d. RESOLUTION OF NECESSITY TO ACOUIRE REAL PROPERTY AT 1369 N. CAROLAN AVENUE FOR CORPORATION YARD EXPANSION City Attorney recommended that this be continued to June 19th to further negotiate with the tenant. Councilwoman Janney made a motion to continue the Resolution of Necessity to June 19, 2000; seconded by Councilman Coffey, approved by voice vote, 5-0. e. ADOPTION OF ORDINANCE #1629 TO ESTABLISH A CREDIT REBATE FOR WATER SERVICE CUSTOMERS PURCHASING AND INSTALLING CERTAIN WATER Director of Public Works Bagdon referred to his staff report recommending Council hold a public hearing to adopt the proposed ordinance to provide rebates to the citizens for ultra low flush toilets and high efficiency washing machines. Mayor O'Mahony opened the public hearing. There were no comments and the public hearing was closed. Councilwoman Janney made a motion to approve the adoption of Ordinance #1629 to Establish a Credit Rebate for Water Service Customers Purchasing and Installing Certain Water Conserving Fixtures and Appliances; seconded by Councilman Coffey, unanimously approved by voice vote, 5-0. f. WEEDS AND RUBBISH ABATEMENT PROGRAM, CP 8007, RESOLUTION ORDERING THE DESTRUCTION OF WEEDS AND REMOVAL OF RUBBISH IN THE CITY Director of Public Works Bagdon stated the first step of this program was taken April 3 when Resolution #59-2000 was passed declaring weeds and rubbish in the City a nuisance. Since that time, staff has surveyed the private properties of the City and identified 27 properties that needed weed or rubbish abatement. A list of these addresses was distributed to Council and Staff. The notices were posted in late April/early May; since that time seven of the properties have abated the weeds and/or rubbish. A letter was recently sent to the rernaining 20 properties requesting that they abate the nuisance within the next ten days. If that does not occur, a registered letter will be sent later in May granting thern an additional ten days. If still not resolved, the City will hire a contractor to remove the weeds and/ar rubbish. When completed, Staff will return to Council on the actual charges incurred; these charges would eventually be added to the tax roll for that specific property. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Coffey made a motion to approve the Resolution for the Weeds and Rubbish Abatement on Private Property; seconded by Vice Mayor Galligan, unanimously approved by voice vote, 5-0. May 15, 2000 L34 Burlingame City Council CONSERVING FIXTURES AND APPLIANCES 7. PUBLIC COMMENTS Constant Cohen, 605 Lexington Way, thanked the Mayor and City Council for the development of the driving range, dog run and soccer field. She also stated she was concerned that the site of the proposed office building at 301 Airport will spoil the beauty of the bay front; urged Council to listen to their constituents and Planning Commission and hear their opposition. Russ Cohen, 605 Lexington Way, wanted to publicly acknowledge the tireless work of the Council; stated that although the FPPC has determined that there is no conflict of interest for Vice Mayor Galligan to vote on the proposed project at 301 Airport, he feels Vice Mayor Galligan should either step down from the being on the Board of Directors of Peninsula Bank of Commerce or abstain from voting on the project. Mr. Cohen also urged Council to keep the spring cleanup schedule. 8. STAFF REPORTS AND COMMUNICATIONS 8a. PROPOSAL TO MERGE GARBAGE AND RECYCLING PICKUP AND CHANGE SPRING AND FALL CLEANUP Tq AN ON.CALL SERVICE; ALLOW A FREE SECOND YABD WASTE CONTAINER TO RESIDENTS WHERE JUSTIFIED Assistant City Manager Becker referred to his staff report dated May 1, 2000; this proposal is another in a series of recommendations from the South Bayside Waste Management Authority to try to increase diversion rate; the JPA is down to the last two percentage points to make the 50%o figure by the end of 2000. The recofirmendation does not technically require modification of the agreement; something BFI could do on their own, however the action is being initiated by the JPA and therefore, BFI wants the consensus vote of all the cities participating before anything is implemented. Approximately half the cities in the 11 member JPA have approved the action to date. The proposal is to move the garbage pickup day to the recycling pickup day, which in Burlingame are alternate Fridays. Garbage will be picked up every week and would continue with an alternate recycling date every other Friday. The second recommendation would replace the scheduled spring and fall cleanup days with two free pickups as requested by individual customers. The objective is to increase the ability to pick up recyclable material. This can only be done if the regular recycling vehicles can pass by and pick the materials up. It is hoped that lumber, metal and yard waste could be picked up by the regular trucks. There would still be a separate pickup for appliances. The third recommendation, which was suggested by a resident, affects certain properties that have heavy green waste pickup, usually generated by city trees such as the eucalyptus trees. These changes will not occur until all cities act and will be discussed again at the next JPA meeting. Councilman Galligan asked John Zurelli, General Manager of BFI, if it was more costly to continue the two scheduled spring and fall pick ups. Mr. Zurelli stated that gorng to an on-call cleanup increases the amount of recyclable material that gets recycled versus ending up in the trash with the cleanup; it also prevents a lot of out-of-city dumping that occurs since the city-wide pickups are advertised. Councilman Coffey noted that he felt this was a positive change and made a motion to approve the merging of garbage and recycling pickup and change spring and fall cleanups to an on-call service; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. 8b. TRANSMITTAL OF 2OOO.2OOO1 PROPOSED BUDGET AND CAPITAL PROGRAM City Manager Argyres stated that the proposed budget for 2000-2001 totals $54.4 million; overall the budget is up 2.2Yo from the prior year. The General Fund is up 6.9o/o, water, sewer, golf and waste enterprises are up Burlingame City Council 135 May 15,2000 6.loh, due to the expansion in the golf budget. The Capital Improvement Budget decreased 8.8yo, but is still at $13.6 million level. As directed during last year's budget review, all the budgets are balanced so there is no use of fund balance. Copies of the budget have been sent to the library for public review and will be added to the website this week. A budget review session has been scheduled for June 7, and budget adoption scheduled for June 19. 8c. LIBRARY COMMISSIONER TERM EXPIRATION Mayor O'Mahony noted that the present candidate, Mary Lou Morton, can reapply for that commission, but June l3th is the deadline to accept applications. Councilwoman Janney made a motion that June 13s would be the deadline for applications for library commissioner; seconded by Vice Mayor Galligan, unanimously approved by voice vote, 5-0. 8d. REVIEW COMMITTEE FOR SELECTION OF TEEN CENTER/COMMUNITY City Manager Argyres noted that proposals were received from three firms to do a feasibility study on a teen center/community center/Lions Hall project. Given that there are a lot a people interested in this project, staff recommends that a committee be formed to review and interview the three firms and then make a recommendation to Council. The Committee should include two Council members, two Park and Recreation Commissions, two staff members, and a representative from the Lions Club, Historical Society, and the Senior Commission. Councilman Coffey and Mayor O'Mahony volunteered to be on the Committee. 9a. CONSENT CALENDAR il. RESOLUTION ACCEPTING CALIFORNIA DRIVE INTERCEPTOR SEWER PROJECT _ CITY PROJECT NO. 9609 Director of Public Works Bandon recommended that Council approve the Resolution accepting the California Drive Interceptor Sewer Project in the amount of $4,077,283.32. b. RESOLUTION APPROVING JOINT POWERS AGREEMENT ESTABLISHING THE NEW PENINSULA CONGESTION RELIEF ALLIANCE, AND WITHDRAWING FROM THE INTER.CITY TSM AGENCY Director of Finance Becker recommended that Council approve the Resolution establishing the new Peninsula Congestion Relief Alliance as well as withdrawing from the Inter-City TSM Agency. c. AUTHORIZE CITY MANAGER TO OBTAIN APPRAISAL THROUGH ASHELY, CHAPMAN, AND DEVO E FOR SAN FRANCISCO PROPERTY ALONG RAILWAY City Attorney Anderson recommended that Council authorize the City Manager to obtain an appraisal through Ashley, Chapman and DeVoe of San Francisco Property along the Railway. d" REOUEST TO USE LIBRARY FACILITY FOR FOUNDATION FUND RAISER May 15,2000 136 Burlingame City Council CENTER/LIONS HALL FEASIBILITY STUDY ARCHITECT City Librarian Escoffier requested Council grant permission to the Burlingame Library Foundation use of the facilities for a fundraising event on Friday, November 10, 2000. e. RESOLUTION ACCEPTING CATHODIC PROTECTION PROJECT FOR EAST MILLSDALE STORM DRAIN SYSTEM, PHASE 2 _ CP 9730 Director of Public Works Bagdon recommended that Council accept the Millsdale and East Millsdale Storm Drain Cathodic Protection Project in the amount of $196,804.80. f. REJECT CLAIM OF MARGARET MCDOUGAL FOR PERSONAL INJURY City Attorney Anderson recommends rejection of clairn for personal injury occurring on June 10, 1999 to Ms. Margaret McDougal. (t WARRANTS AND PAYROLL, APRIL 2OOO Director of Finance Becker request approval for payment of Warrants #69509-69944,duly audited, inthe amount of$2,429,829.}4,excludinglibrarychecknumbers69603-69663;Payrollchecks i26038-126803 in the amount of $1,205,206.44 for April, 2000; and EFT's for the month of April, 2000 in the amount of $465,759.3r. Vice Mayor Galligan made a motion to approve the consent calendar; seconded by Councilwoman Janney, motion carried unanimously, 5-0. IO" COUNCIL COMMITTEE REPORTS Councilman Coffey attended the Peninsula Bank of Commerce reception, met with the developer of 301 Airport to discuss the project, and attended OLA Circle of Friends dinner dance honoring Father Michael. Councilwoman Janney attended the Peninsula Library System and Silicon Valley Library System Legislative breakfast, Japanese American Citizenl,eague and Organizationof Chinese American's picnic, "Chefs and Cellars" Kidney Association Fund Raiser, reception for Shirley Kelly, the newly appointed President of the College of San Mateo, SamTrans Board of Directors meeting, Peninsula Bank of Commerce reception, Jackie Speir's 50s birthday party, and the OLA Circle of Friends dinner dance. Vice Mayor Galligan attended the Planning Commission hearing for 301 Airport, PARCA's Riggi House open house, Assemblyman Lou Papan's reception, and the OLA dinner dance. Mayor O'Mahony attended Assemblyman Papan's Spring meeting, the Alora Restaurant celebration on receiving the Academic Report of Excellence, San Mateo County Committee Leader's meeting welcoming Shirley Kelly, Peninsula Bank of Commerce reception, C/CAG meeting approving the modification to ttre land use plan to the 1999 Congestion Management Plan, and the OLA Circle of Friends dinner dance. 11. OLD BUSINESS There was no old business. Burlingame City Council t37 May 15, 2000 12. NEW BUSINESS Mayor O'Mahony suggested including 301 Airport in the study session being held at 7:00 p.m. on June 7th. City Attorney Anderson suggested a study session would be valuable, as it will give Council a chance to ask questions of the developer as well as the environmental consultant. Mr. Levin could then research any questions and respond at the meeting on June 19th. Vice Mayor Galligan addressed the misinformation circulating regarding the potential conflict of interest on this project. He stated he initially abstained from the discussion regarding 301 Airport until he could bring the matter to the attention of the FPPC. Vice Mayor Galligan stated he is on the Board of Directors of Peninsula Bank of Commerce located in Millbrae, which is a wholly owned subsidiary of Greater Bay Bank. Vice Mayor Galligan also owns stock in Greater Bay Bank, which he noted is disclosed on his financial disclosure statement. Another bank under the umbrella of Greater Bay Bank is Mid-Peninsula Bank. It came to his attention that Mid-Peninsula Bank, a sister bank of Peninsula Bank of Commerce, made a short-term loan to the entity that purchased 301 Airport. The FPPC studied Vice Mayor Galligan's question of whether this was a conflict of interest and decided it presented a number of important issues of regulation interpretation that staff was uncomfortable making a determination on, therefore it was directed to the Commission. On May 5th, Vice Mayor Galligan and City Attorney Anderson went to Sacramento to answer any questions the Commission might have. After a lengthy discussion, the Commission determined that Vice Mayor Galligan's economic interests were not material to the 301 Airport proceedings and that he would not have to disqualifu himself from the proceedings. At this point, this was a verbal determination and the FPPC staff will be drafting a formal written opinion for the Commission to approve at the Commission's June 2nd meeting. Vice Mayor Galligan stated that in his conscience, he does not believe he has a conflict but wanted to bring this item public; he feels he was elected to the City Council because of his strong business background; is one of the five people asked to be the stewards of our City. One of the largest commercial projects to be brought forward in the history of Burlingame; he has attended and watched most of the study sessions and planning Commission meetings regarding 301 Airport because of the impact on the citizens of Burlingame. Stated he could make life easier by recusing himself from this project; the harder choice would be to stand up and be involved in what he was elected to do, and that is to help guide the future of the City of Burlingame, a responsibility he takes very seriously. Both the FPP Commission and staff devoted a great deal of thought and concern to this question; Vice Mayor Galligan stated he was very impressed by the thoroughness and intelligence that was applied by them in this process; stated he planned to participate in the 301 Airport Boulevard discussion and decision. City Planner Monroe stated that since there is so much information on this project, she would make the staff report and attachments made available before the study session. Councilwoman Janney made a motion to set the appeal hearing for 301 Airport Blvd. for June 19'h, with a study session scheduled for June 7th; seconded by Councilman Coffey, unanimously approved by voice vote, 5-0. 13. ACKNOWLEDGEMENTS May 15,2000 138 Burlingame City Council a.Commission Minutes: Planning, May 3 and May 8,2000 b. Monthly Reports: Finance, April2000; Building, April2000; Police, March 2000 Letter from Marilyn and Lloyd Mahaffu, 4 Peninsula Avenue, Colleen R. Clarke, and Patricia C. Bowling, 831 N. Humboldt, regarding proposed project at 301 Airport Blvd. Letters from Jan A. Pohl, 1465 Meadow Lane and Muffie Calbreath, 1113 Rosedale Avenue, regarding parking problems and tickets given on Rosedale Avenue Letter from Rosemarie Lashkoff, 1 3 I 6 Skyview Drive, regarding possible fre hazard at neighbor's house Letter from David C. Mayers, 525 Almer #3A3, regarding prevention of accidents on Bellel'ue Avenue and Almer Road Letter from Carol R., regarding removal of Magnolia trees on Broadway Avenue Letter from Constance Cohen, 605 Lexington Way, regarding the Planning Commission 14. CLOSED SESSION There was a discussion on the hiring process for a new City Manager. The Council instructed the City Manager with regard to the process to be used; Council will be returning to this issue in June. Also discussed were negotiations with the three bargaining units, Police/Fire administrators, AFSCME and BAMM, and instructed the City Manager in regard to those. The Council discussed the negotiations that occurred with the Police Officer's Association. The Council indicated consent to a tentative Memorandum of Understanding with the Police Officer's Association which would result in a series of pay increases; it would be a two year agreement beginning January 1, 2000; there would be a7%o pay raise retroactive to January 3,2000; on January 2,2001there would be a 5Yopay raise. The POA and the City would continue to negotiate a comprehensive MOU to cover all aspects of employment that the POA and management believe to be important. There would also be some shift differential changes. A motion was made by Councilman Coffey to approve the tentative agreement with the POA; seconded by Councilwoman Janney, approved by voice vote, 5-0. 15. ADJOURNMENT Mayor O'Mahony asked for a moment of silence in memory of the mother of Colman Conneely who recently passed away in Ireland. Mayor O'Mahony adjourned the at 8:38 p.m. c. f. Council moved to closed session at 8:00 p.m. d. e o h. Burlingame City Council 139 City Clerk May 15, 2000