HomeMy WebLinkAboutMin - CC - 2000.09.18I
BURLINGAME, CALIFORNIA
September 18,2000
REGULAR MEETING CALLED 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 at7:02 p.m.by Mayor Rosalie
O'Mahony.
2. PLEDGE OF CE TO THE FLAG
Led by City Manager Dennis Argyres.
3. ROLL CALL
COUNCIL PRESENT:
COUNCIL ABSENT:
COFFEY, GALLIGAN, .IANNEY, O'MAHONY, SPINELLI
NONE
4. MINUTES
Vice Mayor Galligan made a motion to approve the minutes of the regular meeting held on
September 5,2000; Councilman Spinelli seconded the motion; approved by voice vote, 4-0, with
Councilwoman Janney abstained since she was not at the meeting.
5. PUBLIC HEARINGS
il. APPEAL OF PLANNING COMMISSION DENIAL OF A CATEGORICAL
EXEMPTION AND AN AMENDMENT TO THE CONDITIONAL USE PERMIT
TO EXPAND SEATING AREA FOR AN EXISTING FULL SERVICE FOOD
ESTABLISHMENT OANNY AND ALEXANDERS) AT 1108 BURLINGAME
AVENUE, ZONED C-1, SUBAREA A BURLINGAME AVENUE CO MMERCIAL
AREA
CP Monroe presented the staff report explaining the appiicant is requesting an appeal to an
amendment to a conditional use permit to expand seating area for an existing fulI service food
establishment at 1108 Burlingame Avenue for Fanny and Alexander's Restaurant. The
applicant, with the property owner, are requesting approval to expand the seating area for dining,
banquets, live entertainment and dancing into an adjacent structure at 303-305 California Drive.
This adjacent building fronts on California Drive but the rear of the building opens onto a patio
area shared by the existing restaurant. The rear entrances of the two sites converge on the patio
area. Fanny and Alexander's present permit includes outdoor seating in the patio area. The
existing indoor seating area in the restaurant is 1,083 SF and tr,685 SF in the outdoor patio area.
With this application, the total indoor seating area would increase by about 1,000 SF.
One of the provisions of the ordinance that limiis food establishments in Subarea A is if the
seating area of a restaurant is expanded, the conditional use permit must be amended.
Burlingame City Council 2tt September 18, 2000
The Fire Marshal has been working with the applicant since the Planning Commission acted on
this project. The applicant had stated that at any given time a total of 550 patrons could be on
the three sites during regular hours of operation. The Fire Marshal had inspected the site and the
maximum number of patrons he feels can be on the site at one time are 360: I l0 at 1108
Burlingame Avenue; 140 in the patio area; and 110 at 303-305 California Drive. One of the
issues the Fire Marshal was concerned about was the use of the patio area during inclement
weather. There was concern that those 140 people would shift to either one of the indoor areas.
One of the conditions of approval on this application is that the maximum occupancy of the
entire site be reduced to 220 during inclement weather when the outside seating area can't be
used.
The Planning Commission was concerned that the site at 303-305 California Drive could become
a freestanding food establishment sometime in the future. This would increase the number of
food establishments in Subarea A which is not allowed under our ordinance. A condition of
approval states that if there should be any future change in use of 303/305 California Drive site,
the entire use permit would become void.
Council questions of Staff: Councilman Spinelli noted there is a Fanny and Alexander sign on
the California Drive portion of the building; wanted to know what the policy was on signage.
CP Monroe stated she believed this would be considered secondary frontage and would be
signage according to the code. Vice Mayor Galligan asked Police Chief Missel if there have been
any noise complaints or police calls since granting the amusement permit. PC Missel stated that
the number of police incidents at Fanny and Alexander's is slightly below what is normally seen
at new establishments of this type. In the past month, there were 8 police incidents, one arrest
for drunkenness in public. With the volume of their business, this is considered a below average.
Mayor O'Mahony opened the public hearing. Jeffrey Weinberg, General Manager of Fanny and
Alexander, 1108 Burlingame Avenue came forward; stated they are very excited about
proceeding with the project and would like to clarify some issues. He stated that it was always
Fanny and Alexander's stipulation that they would not have full service food preparation at the
new building. It has been their intention to hold banquets, private parties and gatherings seating
the guests and using the kitchen space at I108 Burlingame Avenue; they did plan on putting a
full service bar into 303-305 California Drive to better serve the 70-110 guests. The intent
would be strictly beverage service, no food preparation out of that side of the facility. It has been
their intention that the hours of operation at 303-305 California Drive would be the same as the
hours of operation at I 108 Burlingame Avenue, 11:00 a.m. to 2:00 a.m. Monday thru Saturday.
Mr. Weinberg stated they would comply with the" rest of the conditions in the staff report
Mayor O'Mahony asked how the storage facility areas in 303-305 California Drive would be
used; Mr. Weinberg stated it would be used for dry storage only, no food products. Councilman
Coffey asked if the service bar they were proposing was a permanent installation or rolling,
removable bar. Mr. Weinberg explained they are proposing a permanent structure that would be
built into the space; feels a rollaway bar would cause logistical problems during banquets.
Mayor O'Mahony asked City Attorney Anderson if a permanent structure is built into the
building, what would that do to future uses of the building. CA noted that staff s concern is that
in the future this does not turn into two separate restaurants, which a permanent bar at 303-305
California Drive could lead to; would like some assurance that this would not happen. CP
Monroe asked Mr. Weinberg if there would be plumbing with the proposed bar; he confirmed
there would. CP Monroe explained that her concern also is one business could run two separate
September 18, 2000 2t2 Burlingame City Council
operations. CA Anderson noted that under California law, the City couldn't condition a use
permit on transfer of ownership.
Vice Mayor Galligan asked if there were not a banquet scheduled, would the room still be used.
Mr. Weinberg stated the space is for banquets, private functions, overflow dining, and possible
dancing and live bands. He clarified that the main entrance on Burlingame Avenue is the only
entrance to the facility; the doors on Califomia Drive are for fire egress only. The only way to
get to the 303-305 California Drive space is through Burlingame Avenue. Security personnel
would be monitoring the fire doors from the inside as well as the outside of California Drive. CP
Monroe stated an amendment would need to be made to condition #4 if dancing and live music
were allowed at 303-305 Califomia Drive, since based on the Planning Commission's
application it describes the building as expanded lounge and banquet area only. There were no
further comments from the floor and Mayor O'Mahony closed the public hearing.
Council Comments: Mayor O'Mahony noted her concern was losing retail but that this site is
not really apart of Burlingame Avenue; wouldn't mind the building to be used for overflow
patrons; would like to see a portable bar be one of the conditions of approval. Councilman
Spinelli stated the retail portion of this property is in an area where there is very little foot traffic;
doesn't feel it is a viable retail space and has no problem with it being converted to banquet use.
Wants to be sure that in the future, 303-305 Califomia Drive does not become a restaurant, bar or
deli. Councilman Coffey feels the objective of any establishment the City supports is to give
them the maximum opportunity to be successful; wouid like a provision that states the permanent
bar be removed if the business changes. Feels there is a very big difference between the
serviceability of a rollaway bar compared to a permanent installation. Agreed that this is not a
viable retail space; the previous tenant, Frame-O-Rama, was a "destination" shop. CA
Anderson stated it was possible to work with the owners to try to come up with a definition to
meet that requirement. Mr. Weinberg was not opptrseci to having a bar without bar stools; their
concem is being able to serve their customers. Councilman Spinelli noted he was not opposed
to having this portion of the building mirror the business hours of the business at 1108
Burlingame Avenue. Vice Mayor Galligan asked if not allowing a dishwasher at the site be a
feasible condition. CA Anderson explained this was something that may pose problems due to
County Health requirements.
Councilman Coffey made a motion that the appeal of the Planning Commissions denial be
overturned for an amendment to the conditional use permit to expand seating area for the
existing full service food establish at 1108 Burlingame Avenue (Fanny and Alexander's), Zoned
C-1, Subarea A Burlingame Avenue commercial area with the additional changes to condition #3
& 4,the details of the service bar, with exact wording to be established by the City Attomey in
conjunction with the applicant. Condition #4 should include dining, dancing and live music and
that the hours of operation is conc'.irrent with the B'.rrlingame Avenue operation. Seconded by
Councilwoman Janney; approved by voice vote, 5-0.
CA Anderson proposed that the revised conditions be submitted with the resolution for action at
the meeting when the Council considers the amusement permit. Councilman Spinelli wanted to
emphasize that even though Council was overtuming the Planning Commissions denial, the
Commission did exactly what Council wanted as far as looking at Subarea A and the impacts of
expansion of restaurants. Mayor O'Mahony noted the Planning Commission works extremely
hard and is very grateful for them.
Burlingame City Council 213 September 18, 2000
b.
' i,; ;
APPEAL OF PLANNING COMMISSION DENIAL OF A VARIANCE FOR
RESIDENCE AT 112 BAYSWATER AVENUE, ZONED R-l
CP Monroe reviewed the staff report noting the applicant has requested design review and a front
setback variance for 17'- 6" from the property line where 19'-6" is required. Request is to build
a new two story, three bedroom single-family house at 61.9o/o FAR with a one-car garage, which
is 297 square feet. The existing two-bedroom house with detached garage will be demolished.
The existing house has a27' front setback.
In their action, the Planning Commission did not believe a hardship existed on the property to
grant the variance; lot size IS typical, lot is basically flat; occasionally hardships are established
by the placement of existing structures on the site; in this case the house is being demolished so
there are no such existing conditions; to grant a variance on any basis other than a hardship
applicable to the property which does not exist on other properties in the district will set a
precedent for future zoning implementation; regarding design, the commissioners noted that the
27' setback is a part of the pattern on this side of this particular block.
Mayor O'Mahony opened the public hearing. Mr. Rob Cunningham, applicant and owner, and
Mr. Pat Kelly, family friend and consultant, came forward to speak. Mr. Cunningham referred
to the design reviewers letter stating he supported the design and the variance. Mr. Cunningham
showed Council photos of the neighboring houses. He stated the two houses to the right of his
house have a front setback of l5'. The two houses to the left have front setbacks of 22' and l8'-
6", the average without his lot is 17'-6". Mr. Kelly stated the existing house is 98 years old;
when demolished it would be replaced with a two story house, a great improvement to the
neighborhood; feels a l7' setback is consistent with the rest of the homes in the neighborhood.
Vice Mayor Galligan asked Mr. Cunningham why he does not want to build a house with a
19'-6" setback. He stated he would like to have a larger back yard; also, his architect feels
building the house with a l7' setback would make it easier to maneuver a car into the garage; the
hardship that exists is that the lot size 48' x 102', which is long and narrow. Mayor O'Mahony
referred to the code that states that the front setback has to be either 15' or the average front
setback of the properties on the same side of the street, whichever is greater; with 17'-6"
applicant is not counting one of the houses with the frontage on that side of the block. Vice
Mayor Galligan noted if the variance was granted, any property owner could come forward in the
future and demand a variance; not a position he was willing to put the City in.
Councilman Coffey noted he discussed with the City Attorney the interpretation of the code; the
determination of the average is a measurement taken from the front property line to any wall or
any covered projection of any existing "or" proposed structure. He noted that the code section
could be interpreted either using the current structure or eliminating it from the average. CA
Anderson noted that the interpretation placed on the code section since it was adopted in 1993
was that the average should include the applicant's property, as it currently exists. Councilman
Coffey feels the backyard is the most important non-structural space in a house. Discussed with
CP Monroe what some of the negative ramifications would be if a determination was made to
leave Mr. Cunningham's house out of the equation. The only negative factor was that it might
have future ramifications; feels it would be easy to correct this code to read the way it was
intended to read. Doesn't feel granting the two-foot variance will have a negative effect on the
neighboring properties; feels it is not a required variance.
September 18, 2000 214 Burlingame City Council
FRONT SETBACK AND DESIGN REVIEW F'OR A NEW TWO.STORY
Mayor O'Mahony stated that the code has always been determined in this matter; doesn't feel it
should be interpreted any differently in this case. CA Anderson stated this was an interpretation
that could be applied; it is not mandated by the code; this is a policy determination that Council
needs to make. Councilman Spinelli read the exact wording at the request of Vice Mayor
Galligan; concemed that somebody in the future will get penalized in the opposite manner.
Katie O'Brien, 2204Poppy Drive, and Richard Farella, i 14 Bayswater, spoke; stated Mr.
Cunningham's backyard will be 29' feet, much larger than the average yard in Burlingame.
Noted that the code has been applied in a certain way since adoption, and changing it for one
applicant is not fair. Expressed concern over effect on the Planning Commission when many of
the denials are appealed to the City Council and then overtumed; opposed to variance; neighbors
object to big homes and zoning requircments being changed; feel the Planning Commission did
a good job in interpreting the code; interpreting the code any other manner than what has been
done since adoption will pose future problems; urged the Council to uphold the Planning
Commission's denial for a variance and design review. There were no further comments from
the floor and Mayor O'Mahony closed the public hearing.
Mayor O'Mahony stated she would follow the current code and not support the variance. Vice
Mayor Galligan, Councilwoman Janney, and Councilman Spinelli agreed to support the Planning
Commission's denial for the variance. Councilman Coffey stated he would support the appeal to
overturn the Planning Commission's denial.
Vice Mayor Galligan made a motion to uphold the Planning Commission's decision to deny the
variance for a front setback and to deny without prejudice the design review; Councilwoman
Janney seconded the motion; appro.red by voice .uote, .4-1, Councilman Coffey voting no.
c. ORDINANCE #1639 OF THE CITY OF BURLINGAME AMENDING CHAPTER
12.23 OF THE MUNICIPAL CODE TO ESTABLISH CLEAR STANDARDS FOR
THE PLACEMENT AND MAINTENANCE OF NEWSRACKS IN THE PUBLIC
RIGHT-OF.WAY
Recreation Superintendent Randy Schwartz stated at the Council meeting held on September 5ft,
the news rack ordinance was introduced. The two main changes of the proposed ordinance is to
establish a newsrack committee and that the news racks within the Broadway commercial area
and Subarea A of the Burlingame Avenue commercial area shall be modular units permanently
affixed to the ground.
Mayor O'Mahony opened the public hearing. There \r.rere no comments and the hearing was
closed.
Vice Mayor Galligan made a motion to adopt Ordinance #1639 amending chapter 12.23 of the
Burlingame Municipal Code to establish clear standards for the placement and maintenance of
newsracks in public right-of-way, seconded by Councilman Coffey; approved by voice vote, 5-
0.
d.ADOPT ORDINANCE #1640 AMENDING CHAPTER 13.04 TO MAKE THE
DEFINITION OF HOLIDAYS FOR PARKING ENFORCEMENT AND POWER
I2Burlingame City Council September 18,2000
EQUIPMENT OPERATION CONSISTENT WITH qOMMQN]UI{DERSTANDING
OF HOLIDAYS IN THE CITY
City Attorney noted the current provisions in the Municipal Code do not include Columbus Day
as a holiday for purposes of parking enforcement. Some citizens have been cited for parking
violations on this holiday; it also creates problems with the Police Department as it is also a
holiday for some of the cities bargaining groups. This means there may not be parking
enforcement officers available that day, which would require uniformed offrcers to issue parking
citations. This would also carry over to power equipment usage on Columbus Day.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was
closed.
Councilman Spinelli made a motion to adopt the Ordinance #1640 amending Chapter 13.04 to
make the definition of Holidays for parking enforcement and power equipment operation
consistent with common understanding of holidays in the city, seconded by Councilwoman
Janney; motion carried unanimously by voice vote, 5-0.
e. SECOND READING OF ORDINANCE #1641ON AN AMENDMENT TO THE
ZONING CODE TO PROVIDE A SPECIAL PERMIT PROCESS FOR DETACHED
GARAGE DIMENSIONS, TO PROHIBIT WAREHOUSE STqBAGE IN C.I AND
C.2 DISTRICTS, AND TO CLARIFY TIME LIMITS ON THE EXERCISE OF'
ZONING APPROVALS
CP Monroe noted that at the Planning Commission rneetings of July 24 and August 14, the
Planning Commission suggested some revisions to the zoning code; the revisions were
corrections in the text of the code for special permit requirements for garages, to enact a
prohibition of warehouse storage use in the C-l andC-2 zoning districts and changing the
expiration of zoning approvals to match new expiration times of tentative maps when a project
requires both.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was
closed.
Councilman Coffey made a motion to approve Ordmance #1641amending the zoning code to
provide a special permit process for detached garage dimensions, to prohibit warehouse storage
in C- 1 and C-2 districts, and to clarify time limits on the exercise of zoning approvals, seconded
by Councilwoman Janney; motion carried unanimously by voice vote, 5-0.
f. SECOND RE,ADING OF ORDINANCE #1642 AMENDING THE CITY CODE TO
ALLOW ISSUANCE OF PARKING PERMITS FOR CITY EMPLOYEES IN
MUNICPAL PARIilNG FACILITIES
CM Argyres stated a request was received from library and city hall staff to look for ways to
improve the parking situation in the area. Currently, the number of reserved spaces is not
sufficient to deal with all the employees. Rather than increase the number of reserved spaces, a
permit system has been suggested along with improving the TSM program incentives for city
employees. In order to try the permit system, the City code needs to be amended; the permits
would be controlled and would only apply to City owned property.
September 18, 2000 2td Burlingame City Council
at.
Mayor O'Mahony noted there is a need for permit parking for employees at the recreation center,
also. CM Argyres stated that this permit process would be for all city employees.
Mayor O'Mahony opened the public hearing. There were no comments and the hearing was
closed.
Councilwoman Janney made a motion to adopt Ordinance #1642 amending the City Code to
allow issuance of parking permits for city employees in municipal parking facilities, seconded by
Vice Mayor Galligan, approved by voice vote, 5-0.
6. PUBLIC COMMENTS
The following residents of the Capuchino, Grove and Paloma Avenue area came forward to
reiterate their feelings of not having mandatory street srneeping twice a week: Renee Landworth,
1321 Capuchino, Diana Kayiotos, 1325 Capuchino, Dottie Bonnici, 1332 Caplchino, Shelly
Scholtz, 1349 Capuchino, Joan Lang, 1333 Capuchino, Janeen Wheeler, 1204 Capuchino #1,
Norm Utigard, l252Paloma, and Chuck Bonnici, 1332 Capuchino.
Constance Cohen, 605 Lexington Way, stated she was glad the Council was forming a citizens
committee for commercial design review, however, would like to see "regular" citizens such as
homeowners, renters, and smaller business owners of Burlingame appointed to the committee. It
would balance the proposed committee that so far consists only of business owners, property
managers and property owners.
7. STAFF REPORTS AND COMMUNICATIONS
a.REOUEST COUNCIL DIRECTION ON STREET SWEEPING IN THE AREA
BETWEEN BROADWAY AND GROVE AVENUE AND EL CAMINO REAL AND
CALIFORNIA DRIVE
DPW Bagdon stated that due to public comment at the September 5, 2000 Council meeting, staff
is requesting Council provide further direction regarding the program. He referred to his staff
report dated September 18, 2000, that addressed several of the issues raised by the public.
Noted a mandatory program will not be perfect; all issues will be not addressed to everyone's
satisfaction. The three major issues are signage, parking restrictions, and noise. The signs are
necessary in a mandatory program, but it is possible to make place them less frequently. A 4:00
a.m. to 6:00 a.m. time period was recommended for this program; one of the alternatives would
be to move the time to 6:00 a.m. to 8:00 a.m. An alternative to the parking restrictions would be
to do the street sweeping less frequently. Another altemative is to not have a mandatory
program and to change it to a voluntary program.
Council questions: Councilman Coffey asked DPW Bagdon what the staff level is for street
sweepers and if their scheduling could be changed, such as cleaning the commercial areas first,
then return to the residential areas at a later time. Councilman Spinelli wanted to know if it was
possible for the street sweepers to work a split shift; DPW Bagdon stated that the street
sweepers would work from 4:00 a.rn. to 6:00 a.m. and return later in the day to work another six
hours. Later in the day, the street sweepers will experience traffic problems on the streets.
Burlingame City Council 217 September 18,2000
'-
After much discussion of various scenarios, Council decided not to implement the mandatory
street-sweeping program at this time; will revisit the issue in early spring to see if the volunteer
program works. Residents will be notified, possibly as an insert in their water bill, what day
their neighborhood is swept and what the altemative will be if the volunteer progrzrm does not
work.
DPW Bagdon wanted to note that the success of the program will be based on judgment; when
the issue is revisited in the spring, residents may judge the success of the progftlm differently
than the way staff may judge the success of the program.
b. APPOINTMENT OF A CITIZENS COMMITTEE TO ADVISE THE CITY
COUNCIL ON COMMERCIAL DESIGN REVIEW REGULATIONS
Mayor O'Mahony suggested another rulme to add to the Citizens Committee: Carolyn Root, a
former Beautification Commissioner. Vice Mayor Galligan noted that out of the seven
suggested citizens, five of them are Burlingame residents so they represent the citizens as well;
this will allow public input regarding commercial design. Vice Mayor Galligan agreed that it
would be beneficial to have someone on the committee with a different perspective who does not
have a business interest.
Councilwoman Janney made a motion to add Carolyn Root to the Citizen's Committee to advise
the City Council on Commercial Design Review Regulations and to endorse the appointment of
the other six members proposed, seconded by Vice Mayor Galligan; approved by voice vote, 5-0.
c. UNAUDITED FINANCIAL SUMMARY, FISCAL YEAR 1999-2000
CM Argyres noted the Finance Department has closed the books for 1999-2000. Finance
Director stated in his staff report that it was a good year; the first time in 15 years that the three
major revenues, hotel tax, property tax, and sales tax all increased over 10%. Net general fund
revenue increase was 9.3o/o overall. Growth on the expenditure side was due to 27 payroll
periods this year; caused expenditures to go tp to 6.70/o; without that it would have been under
3%o. The general fund ended up better than budgeted because of the additional revenue. Even
with the additional payroll, fund balance decreased only about $430,000. One area of concern
is in the enterprise funds concerning working capital; because of the large transfers to the capital
improvement program to do some of the water and sewer improvements, concerned the working
capital is getting depleted to a level it must be watched closely.
d" APPOINTMENT OR CALL FOR APPLICATIONS FOR CITY
REPRESENTATIVE TO MOSQUITO ABATEMENT DISTRICT
Mayor O'Mahony noted she spoke with Dennis Preger, who was agreeable to continue holding
the position of representative to the Mosquito Abasement District; the determined term would be
to 2004. Vice Mayor Galligan rnade a motion to retain Dennis Preger as the representative,
seconded by Councilwoman Janney; approved by voice vote, 5-0.
8. CONSENT CALENDAR
rtem 8b) was removedfor separate voting at the request of councilman Coffey.
September 18, 2000 218 Burlingame City Council
A. RESOLUTION #96.2000 AWARDING AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR CALIFORNIA DRIVE AND TROUSDALE
DRI\TE RESURF'ACING PROGRAM AND PENINSULA AVENUE
RESURFACING PROGRAM
DPW Bagdon recommended that Council approve the resolution awarding the agreement with
Harris and Associates for construction management services for the resurfacing program in the
amount of $109,150.
c. RESOLUTION AMENDMENT #1 TO AG OF OPERATION
OF BURLINGAME GOLF CENTER
Director of Parks and Recreation recommended that Council adopt the resolution authorizing the
City Manager to sign Amendment #l to the Agreement for Operation of the Burlingame Golf
Center.
d. CORPORATION YARI)RECONSTRUCTION PROJECT,ACCEPTANCE OF
COST ESTIMA TE AND TIME LINE, AND AUTHORITY TOEIBEA
FINAN CIAL ADVISOR AND BOND COUNSTJL
DPW Bagdon recorlmended that Council accept the cost estimate and time line for the subject
project and grant authority to the Finance Director to hire a Financial Advisor and Bond Counsel.
e. RESOLUTI ON #99-2OOO ACCEPTIN G AIRPORT BOULEVARD BRIDGE
SEISMIC IMPROVEMENT PROJECT
Director of Public Works recommended that Council approve the resolution accepting the
Airport Boulevard Bridge Seismic Retrofit Improvement Project in the amount of $134,429.45
by Cone Engineering Contractors.
f. SPECIAL EN CROACHMENT PERMIT FOR A 4O-INCH HIGH BRICK
ENTRANCE AT 260 CRESCENT
DPW Bagdon recommended to Council to approve the Special Encroachment Permit in
accordance with the submitted drawing and permit conditions.
SPECIAL ENCORACHMENT PERMIT FOR A RETAINING WALL WITHINg.
THE CITY'S RIGHT.OF-WAY AT 1667 ESCALANTE WAY
DPW Bagdon recommended to Council to approve the Special Encroachment Permit in
accordance with the submitted drawing and permit conditions.
Burlingame City Council 2t9 September 18,2000
h.RESOLUTION #IOO.2OOO APPROVING NON.EXCLUSIVE INSTALLATION ANI)
SERVICE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND
City Attorney Anderson recommended adopting resolution authority City Manager to execute a
new agreement with Metricom, Inc. to install and maintain transceivers of City light poles.
Assistant City Manager Rahn Becker recommended to Council to approve the resolution to
correct the salary schedule for City Clerk, appointed portion.
J.WARRANTS AND PAYROLL, AUGUST,2000
Finance Director recommended approval of Wa:rants71746-72186 (excluding Library checks
71856-72186), duly audited, in the amount of $2,557,749.71, Payroll Checks 129212-130077 for
August 2000 in the amount of $1,352,382.99 and EFTs for August 2000 in the amount of
s314,769.20.
Councilwoman Janney moved approval of the Consent Calendar. Seconded by Vice Mayor
Galligan and carried unanimously.
8b)RESOLUTION AWARDING 2OOO SIDEWALK MAINTENANCE PROGRAM
Councilman Coffey asked DPW Bagdon to address the accusations and issues made by the San
Mateo County Building and Construction Trades Council regarding B-1 Enterprise. DPW
Bagdon noted the information received from the Trades Council very serious; a number of hours
was spending contacting many cities, state license board and the contractor as well. Based upon
information heard in these discussion, B-1 Enterprise is still be recommended for the award of
this project. The reasons are as follows: the quality of work of B-1 Enterprises has never been
an issue with the other cities who have hired them. The State License Board has been contacted
about the contractor about the issue of his license; it was indicated there is a valid license but a
labor issue judgment of $ 15,000 must be paid by October 3. The contactor has guaranteed to
make this $15,000 payment. This award is contingent upon having a valid contractor's license.
Measures have been put in place to carefully monitor the contractor during construction. A
contractor inspector will be hired to random checks to be sure there will not be an issue with any
labor laws. Certified weekly payroll submittals will be required. Does not feel that the City is in
a position that he is a non-responsive bidder, therefore, recommend this contract be awarded to
B-1 Enterprise"
Councilman Spinelli made a motion to approve RESOLUTION #97-2000 awarding the 2000
Sidewalk Maintenance Program to B-1 Enterprise; seconded by Vice Mayor Galligan, approved
by voice vote, 5-0.
Vice Mayor Galligan attended a meeting with Bob Merwin and Carole Groome regarding the
reconstruction of Peninsula Hospital, attended the Convention and Visitor's Bureau Board of
September 18, 2000 220 Burlingame City Council
METRICOM,INC.
i. RESOLUTION #1O1.2OOO AMENDING RESOLUTION 79.2OOO RELATING TO
SALARIES
9. COUNCIL COMMITTEE REPORTS
Mayor O'Mahony noted that a flier was placed on a number of cars in the area of Occidental and
Chapin and Howard Avenues; the flier was titled "Please Act Now" regarding the request for a
conditional use permit by St. Paul's. This flier included her name and phone number on it;
received more than 40 phone calls; would like the public to have an element of respect and ask
before publishing information such as this.
12. ACKNOWLEDGEMENTS
a. Commission Reports: Finance, August 31,2000; Building, August,2000; Planning,
September 11, 2000
b. Letter from Reverend Michael and Karlene Harvey, 920 Linden Avenue, regarding
Interfaith Hospitality Network
c. Letter from Benjamin Yuh, 1140 Vancouver, regarding golf facility
d. Letter from Martin Dreiling, I103 Juanita, Max Hensley, 1225 Paloma, and Trudy and
Jim Maxwell,l42l Cortez, regarding street sweeping program
Letter from Richard Farella, P.O. Box 665, Burlingame, regarding I 12 Bayswatere
f. Letter from Mary Ellen McMahon regarding Interfaith Hospitality Network
g. Letter from Martin Dreiling, 1103 Juanitaapologizing for letter dated September 7,
2000
Council adjourned to closed session at 9:55 p.m., and returned to open session at l0:12 p.m.
Burlingame City Council 221 September 18,2000
Directors meeting; Housing Foundation dinner; McGuire Real Estate Open House, Leadership
Group, SAMCEDA luncheon, AYSO season opener, Mills Peninsula Foundation, Art on the
Avenue, St. Paul's 50th Anniversary, and met wittr the new owners of Peninsula Ford.
Councilwoman Janney was on vacation the prior two weeks. Councilman Spinelli attended the
AYSO season opener and the Airport Roundtable meeting. Councilman Coffey attended the
Congestion Relief Alliance meeting, Housing Foundation dinner, AYSO season opener,
Burlingame Art on the Avenue, Chamber of Commerce luncheon, and the funeral of Burlingame
resident Matt Thomaselli. Mayor O'Mahony attended the Broadway BID Board, met with Bob
Merwin regarding the reconstruction of Peninsula Hospital, the ribbon cutting at McGuire Real
Estate Open House, AYSO season opener, "Clean the Bay" event, Art on the Avenue, celebrated
Mrs. Wilbur Senior's 100th Birthday, and St. Paul's 50ft Anniversary,
10. OLD BUSINESS
There was no old business.
11. NEW BUSINESS
13. CLOSED SESSION
a. Discussion of Initiation of Litigation (Government Code $ 54956.9 (c)) - Pacific
Construction and Manufacfuring, Inc.
CA Anderson noted that Council met in closed session to discuss possible initiation of litigation
vs. Pacific Construction and Manufacturing, inc.; Council authorized City Attomey to initiate
litigation regarding the issues involving that company.
14. ADJOURNMENT
Mayor O'Mahony adjoumed the meeting at 10:13 p.m. in memory of Matt Thomaselli who died
accidentally in San Francisco on September 13, 2000.
fr,,r-/ tn "r,tzAnn T. Musso
City Clerk
September 18, 2000 222 Burlingame City Council