HomeMy WebLinkAboutMin - CC - 2001.08.20BURLINGAME, CALIFORNIA
August 20,2001
1. REGULAR MEETING CALLED TO ORDER
A 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 at 7:05 p.m. by Vice Mayor Spinelli.
2. PLEDGE OFALLEGIANCE TO THE FLAG
Led by Frank Pagliaro
3. ROLL CALL
Council Present:
Council Present via Teleconference
Absent:
Coffey, Janney, Spinelli, O'Mahony
Galligan (Sheraton Portland Airport Hotel, 8235 N.E.
Airport Way, Portland, OR 97220-1398
None
4, MINUTES
Councilwoman Janney made a motion to approve the minutes of the regular meeting of July 16,2001;
seconded by Councilman Coffey, approved unanimously by roll call vote, 5-0. Councilwoman Janney
made a motion to approve the minutes of the regular meeting of July 23,2001; seconded by
Councilman Coffey, approved unanimously by roll call vote, 5-0.
5. PUBLIC HEARINGS
There were no public hearings.
6. PUBLIC COMMENTS
Frank Pagliaro spoke regarding the quality of water in his home; Dan Anderson, 728 Vernon Way,
spoke regarding the unanimous recommendation made by the Teen Center Advisory Committee, Ken
Castle, 1411 Drake Avenue, stated he also has concerns about the water quality in his neighborhood;
concemed about why Martin Dreiling resigned from the Planning Commission.
7. STAFF REPORTS AND COMMUNICATIONS
a.INTRODUCE ORDINANCE TO ROLL BACK CERTAIN BUSINESS LICENSE TAX
RATES TO 1992 RATES
City Attorney Anderson noted that the June 2001 La Habra decision of the California Supreme Court
placed a number of local taxes at risk because of the Court's elimination of protection for ordinances
Burlingame City Council )t3 August 20,2001
from the passage of time. Three taxes are being submitted to the voters in the November, 2001
election. CA noted a number of business-specific taxes were found to be too complex and detailed to
warrant submission to the voters. Instead, staff recommended that the Council roll these taxes back to
the 1992 tax rates in place when they were last increased. These include theaters, being reduced by
$50 per year and eliminating any distinction between outdoor and indoor theaters, amusement devices
being reduced by $15 per machine to include both amusement machines and music machines, motor
vehicle sales being reduced by $50 per year, peddlers and solicitors being reduced by $30 per year and
clarifying delivery business taxes, closing out sales being reduced by $50, $25 and $65 depending on
category of business, curb painters being reduced by $15 per employee; and rental car agencies being
reduced by $100 per year. The total fiscal effect on the City from these reductions will be in the
range of$3,000 per year.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
:days prior to its proposed adoption.
b. INTRODUCE ORDINANCE TO AMEND SECTION 6.04.200 TO CLARIF"Y BUSINESS
LICENSE TAX COLLECTOR'S AUTHORITY TO CLASSIF'T BUSINESSES
CA Anderson noted that because of the complexity of today's businesses and ordinances that fix tax
rates based on the nature or predominant nature of a business, it is appropriate to clarify that the
business license tax collector has the authority to determine which classification a business fits. Some
cities automatically apply the highest possible tax rate. The proposed ordinance here would authorize
the tax collector to use the collector's judgment based on the information present. The classification
would be subject to appeal to the City Council as with other business tax determinations.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
c. INTRODUCE AN ORDINANCE ESTABLISHING A THIRTY-FIVE MILE PER HOUR
SPEED LIMIT ON TROUSDALE DRIVE FROM SEBASTIAN DRIVE TO SKYLINE
BOULEVARD
Director of Public Works Bagdon noted that the Traffic, Safety and Parking Commission considered
the petition signed by local residents regarding this issue. A major issued raised as a result of the
August 20,2001 374 Burlingame City Council
4
petition was the need to reduce speeds on Trousdale Drive for access from side streets without
intersection control and from driveways. Based on this concern, staff developed traffic counts,
accident and speed information for various areas.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
d.ORDINANCE AMENDIN
RECYCLING PROGRAM
The amendments to the ordinance will focus staff time on construction and demolition projects that
generate the most waste, simplify the determination of which alterations must meet ordinance's
recycling requirements, streamline the calculation of recycling deposits and insure the deposits
properly serve as an incentive for recycling, and provide a maximum limit for deposits to prevent
excessively large deposits.
Vice Mayor Spinelli requested the City Clerk read the title of the ordinance. Councilwoman
O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by
Councilwoman Janney, approved by roll call vote, 5-0. Councilman Coffey made a motion to approve
the introduction of the proposed ordinance; seconded by Councilwoman Janney, approved by roll call
vote, 5-0.
Vice Mayor Spinelli directed the City Clerk to publish a notice of the proposed ordinance at least five
days prior to its proposed adoption.
e.DISCUSS CNIC ENGAGEMENT FOR THE HOUSING ELEMENT: SHOULD WE
CONSIDER APPOINTING A CITI 'S ADVISORY COMMITTEE?
CP Monroe noted one of the main tenets of preparing the Housing Element is to maximize local citizen
participation. There is no requirement for citizen participation mandated by the state, except that the
local jurisdiction make every effort. In the preparation of the 1993194 Housing Element the city held
two workshops. These workshops were well attended by a self-selected cross section of local residents
and business people interested in the housing issues, which confronted the city at that time.
Burlingame City Council 375 August 20,2001
City Attomey noted approximately six months ago, Council adopted a construction and demolition
debris recycling ordinance that implemented a program in the building department to begin recycling
this material as part of the building permit process. The program has been successful, but staff feels
that some streamlining is in order. Approximately 135 tons of structural construction debris and 359
tons of concrete asphalt have been documented as diverted from landfill as a result of the ordinance.
Ongoing construction projects represents significant diversion that will be documented upon their
completion.
Staff is proposing to have a second Housing Element Workshop on September 19, 2001 at 7:00 p.m.;
undertaking an even broader public notification for this meeting, however, concerned that attendance
may againbe low.
Due to the timing of the next Council meeting and the date of the second scheduled workshop date,
Council decided to postpone appointing a citizen's advisory committee.
8. CONSENT CALENDAR
City Manager Nantell removed Item a, Approval of Spending Plan for the 2001 Local Law
Enforcement Block Grant (LLEGB) as it should have been listed under Public Hearings and noticed
This item will be heard at a future council meeting.
Director of Public Works Bagdon added a condition to item 8f) that was not included in the packet; on
the encroachment permit attachment, third page, should read "ln compliance with your request of July
10, 2001 and subject to all terms, conditions and restrictions set forth here within, permission is hereby
granted for the construction of a 4' high wooden picket fence and 7' high trellis located at the gate.
b. APPROVAL OF CONTRACT FOR TREE PRUNING AND STUMP REMOVAL. 2OO1/02
PROJECT #8O4OO. TO TIMBERLINE TREE SERVICE.INC. NOT TO EXCEED $135.000
Park Superintendent Richmond recommended that Council adopt RESOLUTION #92-2001 accepting
Timberline Tree Service, lnc., as the low responsible bidder on this project.
c. RESOLUTION #93-2001 CORRECTING BUDGET FOR WASTE MANAGEMENT FUND
Assistant City Manager Becker recommended Council approve RESOLUTION #93-2001 correcting
the budget for the waste management fund.
d. REJECT CLAIM OF RONALD PERLE FOR PERSONAL INJURIES
CA Anderson recommended rejecting claim of Ronald Perle for bicycle accident on August 11, 2000.
e.SPECIAL ENCROACHMENT PERMIT FOR A WOODEN PICKET FENCE. ONE FOOT
FROM THE BACK OF THE SIDEW AT 1531 VANCOUVER AVENUE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden picket
fence in accordance with the drawings, permit and conditions contained in the staff report.
f. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN PICKET FENCE AND A
WOODEN TRELLIS AT THE BACK OF SIDEWALK AT 1149 BALBOA AVENUE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden picket
fence and wooden trellis in accordance with the drawings, permit and conditions contained in the staff
report.
g. SPECIAL ENCROACHMENT PERMIT FOR A WOODEN LATTICE FENCE. ONE
August 20,2001 376 Burlingame City Council
FOOT FOUR INCHES FROM THE BACK OF THE SIDEWALK AT 1705 EASTON
DRIVE
DPW Bagdon recommended Council approve the Special Encroachment Permit for a wooden lattice
fence trellis in accordance with the drawings, permit and conditions contained in the staff report.
h. APPROVAL OFATTENDANCE AT OUT OF STATE CONFERENCE
DPW Bagdon recommended Council approve the attendance of the Deputy Building Official at the
Intemational Conference of Building Officials in Cincinnati, Ohio.
i. APPROVAL OF ATTENDANCE OUT OF STATE CONFERENCE
City Clerk Musso recommended Council approve her attendance at the 3CMA annual conference
meeting in San Antonio, Texas.
RESOLUTION #95.2001 AUTHO G GRANT APPLICATION FOR THEj
INNOVATIVE PEAK LOA REDUCTION PROGRAM
DPW Bagdon recommended Council approve RESOLUTION #95-2001 authorizingthe City to apply
for grant funding through the California Energy Commission for the Innovative Efficiency and
Renewables Program.
K. RESOLUTION #91.2001 ACCEPTING THE ROLLINS ROAD SANITARY SEWER
PIPELINE AND PUMP STATION , CITY PROJECT NOS. 9853 AND 9947
DPW Bagdon recommended that Council approve RESOLUTION #91-2001 accepting the Rollins
Road Sanitary Sewer Pipeline and Pump Station Project completed by McGuire and Hester, Inc., in the
amount of $710,227.70.
t.RESOLUTION #90-2001 INCREASING ORDER AUTHORIZATION AND
RESOLUTION #89-2001 AUTHORIZING BUDGET TRANSFER ON THE CANYON
ROAD WATER LINE REPLACEMENT
DPW Bagdon recommended Council approve RESOLUTION #90-2001 to increase in the amount of
change order authorization to $622,000 for the waterline replacement project and approve
RESOLUTION #89-2001 for a budget transfer in the amount of $130,000.
m. RESOLUTION #88.2001 AUTHORIZING SIGNATURES FOR SAFEKEEPING AND
REDEMPTION OF INVESTMENT INSTRUMENTS
ACM Becker recommended Council approve RESOLUTION #88-2001 authorizing signatures for
safekeeping and redemption of investment instruments.
n.WARRANTS AND PAYROLL
Finance Director Becker recommended approval of Warrants 77287-77988, excluding library checks
77455-77457 in the amount of $3,032,850.47, Payroll Checks 139166-140084 in the amount of
$1,566,749.33, and EFT's in the amount of $354,131.58 for the month of July, 2001.
Burlingame Ciry Council 377 August 20,2001
O. AUTHORIZATION OF RESOLUTION 1 TO AMEND THE CONTRACT FOR
MISCELLANEOUS EMPLOYEES WITH THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (CALPERS) AND THE CITY OF BURLINGAME
HR Director Bell recommended Council approve RESOLUTION #94-2001 stating the City's intent to
amend its miscellaneous employee contract with CaIPERS.
p. REQUEST FROM ROSS BRUCE. BROADWAY MERCHANTS. TO HOST A FALL
CHILDREN'S FESTIVAL ON SUNDAY. OCTOBER 14.IN CHULA VISTA LOT Y
FROM 11:00 A.TO 2:00 P.M.
City Manager Nantell recommended approval of closure of Chula Vista Lot Y as requested subject to
submittal of insurance, signature of hold harmless, and merchants clean up.
Mayor Galligan made a motion to approve the consent calendar with the exception of item 8a and with
the changes to item 8f; seconded by Councilwoman Janney, approved by roll call vote, 5-0.
At7:36 p.m., Mayor Galligan signed off from his location in Oregon.
9. COUNCIL COMMITTEE REPORTS
Councilwoman Janney attended a CMAC Committee meeting and a SamTrans Board of Directors
meeting. Councilman Coffey noted all Council Members attended the PFRN Luau, San Mateo County
Fair opening, Burlingame Employee Awards Luncheon, San Mateo County Labor Council Meeting,
and presentation of "Mangini Way" sign to Vic Mangini (Mary Janney could not attend due to a prior
engagement). Councilwoman O'Mahony attended a labor workshop and a CCAG meeting. Vice
Mayor Spinelli attended a Airport Roundtable Workshop meeting.
10. OLD BUSINESS
There was no old business
11. NEW BUSINESS
Mayor Galligan requested a hearing be set for September 4,2001 regarding the planning commission
decision on 301 Airport Boulevard.
Councilman Coffey requested the leaf blower ordinance that the City Attorney is currently working on
be combined with the recommendations received regarding general neighborhood construction.
Councilwoman O'Mahony suggested encroachment permits be taken off the consent calendar and
handled administratively; also, would like an update on what the state law is regarding time
extensions.
Councilman Coffey suggested the rescheduling of the October 15 Council meeting due to conflicts in
four of the Council Member's schedules. Would also like to discuss a presentation honoring Vic
August 20,2001 378 Burlingame City Council
a.
Mangini and the changing of the address at Burlingame High School to "One Mangini Way''
Vice Mayor Spinelli discussed his ideas about the new Safeway store.
12. ACKNOWLEDGEMENTS
Commission Minute: Planning, July 23 & August 13,2001; Beautification, July 5 & August 2,
2001; Traffic, Safety & Parking, Ju,ly 12 & August 9, 2001; Library Board of Trustees, June 19,
200t
b. Department Reports: Police, June & July, 2001; Finance, June 30, 2001
c. Letter from David Ragsdale, 29 Humboldt Rd., regarding traffic problems on North Humboldt St.
d. Letter from Thomas Hornblower regarding leaf blower noise
e. Letter from Mary Faber, Burlingame Historical Society, regarding Significant Properties List
f. Letter from Pets-In-Need regarding their Opposition to the Pet Overpopulation Program
g. Letter from David Woodrow, 1316 Drake, regarding noise ordinance in Burlingame
h. Quarterly Report for Parks & Recreation
i. Letter from Martin Dreiling resigning position on Planning Commission
j. Correspondence from Glenborough Realty Trust
k. Letter to Council from Director of Public Works Bagdon regarding Special Encroachment Permit
Approval
l. E-mail from Mr. Hassan requesting Council consider regulating taxi's in the City of Burlingame
City Manager Nantell stated some cities regulate the number of taxi's in the City; believe dedicating
more resources to regulating the number of taxi's given the amount of concern raised by the residents
is not a high priority. Council concurred with the City Manager.
m Letter from Benita Zimmerman, 1812 Devereaux Drive, regarding SFO Public Form held at CSM
Burlingame City Council 379 August 20,2001
13. ADJOURNMENT
Vice Mayor Spinelli adjourned the meeting at 8:51 in memory of Bill Sutherland, Ellen Pors, and Mary
Jane Zirkle.
fin*J.Yt,*ra
Ann T. Musso
City Clerk
August 20,2001 380 Burlingame City Council