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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