HomeMy WebLinkAboutMin - CC - 2001.11.05BURLINGAME, CALIFORNIA
November 5,2001
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 at7:03 p.m. by Mayor Joe Galligan.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Park & Recreation Director Randy Schwartz.
Council Present:
Council Absent:
COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
None
4. MINUTES
There was a correction to the minutes of October l6; moved to closed session at7:46 and adjourned
at 7:56. Councilwoman O'Mahony made a motion to approve the minutes of October 16,200l;
seconded by Councilman Coffey, approved unanimously by voice vote, 5-0.
Councilman Coffey made a motion to approve the minutes of the Special Council meeting held on
October 23,2001; seconded by Councilwoman O'Mahony, approved unanimously by voice vote,
5-0.
5. CEREM MATTERS
a.Recosnition of the Burlineame Public Library for Two Awards Received bv the California
Librarv Association
Librarian Escoffier noted the Library staff has won awards from National and State organizations
for public relations. The public relations committee was introduced and their work was displayed
for Council's viewing.
b. Recosnition of the Masonic Lodge for the Donation of a Thermal Imaqing Camera
Fire Chief Reilly introduced members of the Masonic Lodge who donated a $19,000 Thermal
Imaging Camera to the City of Burlingame Fire Department.
Burlingame City Council 404 November 5, 2001
a. Public Hearing on the Programs, Activities, and Assessments for the Year 2002 of the San
Mateo Countv Tourism Business Improvement District and Adoption of Amendment to
Resolution of Intention to Establish the basis for and to Lew the Assessments for the District
for the Year 2002. to Continue Public Hearins to November 19J001
CA Anderson noted the first scheduled public hearing was scheduled for this evening's meeting. A
notice was mailed to each of the hotels in the District, however, one South San Francisco hotel, the
Sheraton Four Points, was omitted from the Resolution of Intention and notice was not provided to that
hotel. Also, the San Mateo Times did not correctly publish the Resolution of Intention. Staff
recorrmends an Amendment to Resolution of lntention be adopted by Council and to continue the public
hearing to November l9th.
Letters of protest were received by five of the hotels in Daly City who are concerned about what
services the Convention Bureau may be able to offer them. Noted that last year, the City of Daly City
paid the assessment for the hotels in their City, but staff does not know what their intention is for the
assessments for the 2002.
Mayor Galligan opened the Public Hearing. Arthur Norkus, Town Motel, 321 1 Geneva Avenue, Daly
City, spoke protesting the assessments for the hotels in Daly City.
There were no other comments from the floor and the hearing was closed.
Councilwoman O'Mahony made a motion to adopt the Amendment to the Resolution of lntention to
Establish the basis for and to Levy the Assessments for the District for the Year 2002 and to continue
the Public Hearing to November 19, 200L; seconded by Councilman Coffey, approved unanimously by
voice vote, 5-0.
b. Adopt Ordinance Amendins Construction Hours under Uniform Administrative Code
CA Anderson noted this was an ordinance that was discussed twice by Council that would change the
building construction hours allowed on Saturdays from 8 a.m. to 6 p.m. to 9 a.m. to 6 p.m.
Mayor Galligan opened the public hearing. David Woodrow, 1316 Drake Avenue, noted he had written
a letter to Council requesting a change in weekday hours from 7 a.m. to 8 a.m. Feels Council is more
concemed about appeasing construction companies than they are in making the neighborhoods quiet for
residents to enjoy.
There were no other comments from the floor and the hearing was closed.
Vice Mayor Spinelli made a motion to adopt the Ordinance amending Construction Hours under the
Uniform Administrative Code; seconded by Councilwoman Janney, approved unanimously by voice
Burlingame City Council 405 November 5, 2001
6. PUBLIC HEARINGS
Council decided that further information and comments from residents needed to be gathered before a
decision could be made regarding the changing of construction hours during the weekday.
vote, 5-0. Mayor Galligan directed the City Clerk to publish a summary of the ordinance within 15
days of adoption.
7. PUBLIC C OMMENTS
David Woodrow, 1316 Drake, stated his request to have construction hours changed is to be limited to
residential areas not affecting public streets and commercial zones.
8. STAFF REPORTS AND COMMUNICATIONS
a.Broadwav Streetscape Imorovements on the South Side of Broadway
DPW recommended Council provide direction on whether to proceed with a construction scope of work
for next year that includes streetscape improvements on the south side of Broadway generally between
Laguna Avenue and El Camino Real for approximately $1,250,000; provide direction on whether to
include construction of three alley treatments for an additional $250,000 to $300,000; and approve
Resolution #116-2001for an agreement with Harris Designs for construction documentation bidding,
and field review services for the improvements in the amount of $1 13,801.
Bill Harris, Harris Designs, gave a presentation on the Broadway Streetscape Improvements on the
South Side of Broadway.
Councilwoman O'Mahony made a motion to approve the scope of work for the south side of Broadway
for the coming year; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0.
Councilman Coffey made a motion to give staff direction to proceed with the design of the special
treatment for the three alleys, however, construction of the treatments would be subject to the funds
being available to fund this additional work; seconded by Councilwoman Janney, approved unanimously
by voice vote, 5-0.
Councilwoman O'Mahony made a motion to approve Resolution #116-2001for an agreement with
Harris Design for construction documentation bidding, and field review services for the improvements
in the amount of $113,801; seconded by Councilwoman Janney, approved unanimously by voice vote,
5-0.
b. Introduce Ordinance Amending Section 4.09.030 regarding Transient Occupancy Tax
CA Anderson noted this proposed Ordinance would implement Proposition O if adopted by the voters at
the General Election on November 6, 2001.
Mayor Galligan requested CC Musso read the title of the proposed Ordinance. Vice Mayor Spinelli
made a motion to waive further reading of the ordinance; seconded by Councilwoman Janney, approved
unanimously by voice vote, 5-0.
Burlingame City Council 406 November 5,2001
c.
Councilwoman Janney made a motion to introduce the proposed Ordinance; seconded by Vice Mayor
Spinelli, approved unanimously by voice vote, 5-0. Mayor Galligan requested CC Musso publish a
summary of the Ordinance at least five days before the proposed adoption.
Determine Whether to Hold Public Hearing on Application for Off-Sale Liquor Permit at
1400 Burlineame Avenue. Burlingame Smoke Shop
CA Anderson noted the owners of the Burlingame Smoke Shop applied to the State Department of
Alcoholic Beverage Control for an off-sale license to sell alcoholic beverages. Noted the City Council
is empowered under the Business & Professions Code whether the public convenience or necessity
would be served by issuance of the license in areas where a certain number of off-sale licenses already
exist. If the Council does not make a determination, the ABC will proceed to make a determination
itself.
Council directed staff to schedule a public hearing for the December 3, 2001 Council meeting regarding
the application for Off-Sale Liquor Permit at 1400 Burlingame Avenue, Burlingame Smoke Shop.
Introduce Ordinance to Amend Chapter 6.04 (Business License) Provisions to Clarify Code and
Conform to Measure O
CA Anderson noted this proposed Ordinance would implement Proposition Q if adopted by the voters at
the General Election on November 6,2001.
Mayor Galligan requested CC Musso read the title of the proposed Ordinance. Vice Mayor Spinelli
made a motion to waiver further reading of the ordinance; seconded by Councilwoman Janney,
approved unanimously by voice vote, 5-0.
Councilwoman O'Mahony made a motion to introduce the proposed Ordinance; seconded by
Councilwoman Janney, approved unanimously by voice vote, 5-0. Mayor Galligan requested CC Musso
publish a summary of the Ordinance at least five days before the proposed adoption.
9. CONSENT CALENDAR
Mayor Galligan pulled item 99) from the consent calendar for further clarification from DPR Schwartz.
^. Reiect Claim of Renita Brown and Harold Jefferson
CA Anderson recommended rejecting the claim of Renita Brown and Harold Jefferson for alleged false
detainment on August 19,2001.
b. Resolution Accepting Canyon Road Water Line Replacement - CP 9944
DPW Bagdon recommended Council approve Resolution #ll7-2001accepting the Canyon Road water
line replacement project performed by Pacific Underground Construction of San Jose in the amount of
$55t,653.22.
Burlingame City Council 407 November 5,2001
c. Resolution Affirming that for Purposes of Programs and Enforcement of State and Local
Laws. the Countv of San Mateo Director of Health Services is the Citv Health Officer
CA Anderson reconlmended adoption of Resolution #118-2001 affirming the position of the County
Director of Health Services as the City Health Officer.
d. Authorize Citv A to Join in Amicus Curiae Brief in vs. Superior Court
(5098233) at no cost to Citv
CA Anderson request Council authorize him to join in Amicus Curiae brief in Alford vs. Superior Court
(5098233) at no cost to City.
e. Joint Meetins of the Citv Council and Planning Commission to Discuss Commission
Organization and Work Program. and Cancel Council Meeting of December 17. 2001
CC Musso recommended Council set a special meeting for a joint Planning Commission/City Council
meeting for November 28, 2001, at7:00 p.m., and cancel the regular City Council meeting of December
17 ,2001.
f. Special Event. Burlingame Holiday Open House
EA Weber recommended Council approve the closure of Burlingame Avenue, Donnelly Avenue, and
portions of Primrose Road and Lorton Avenue on Decemb er 7 , 2001 for the Chamber of Commerce and
Merchant's Association Holiday Open House event.
h. City Clerk Benefits
CM Nantell recommended Council adopt the proposed Resolution specifying that the benefits for the
appointive portion of the City Clerk duties will be the same as Department Heads.
Councilwoman O'Mahony made a motion to approve the consent calendar with the exception of item
99); seconded by vice Mayor Spinelli, approved unanimously by voice vote, 5-0.
99. Proposed Rules and Regulations resardins Batted Balls in Citv Parks
DP&R Schwartz explained that many games of "Home Run Derby''have been played at Pershing Park,
which requires the players to hit the ball over the fence as often as possible. Due to the size of the park,
the batted balls often land in neighboring properties and have a potential to cause injury. After receiving
complaints from neighbors, the Parks & Recreation Commission asked staff to develop a park rule that
would allow such activity only at appropriate areas.
Councilwoman O'Mahony made a motion to approve the proposed rules and regulations regarding
batted balls in City parks; seconded by Vice Mayor Spinelli, approved unanimously by voice vote, 5-0.
10. COUNCIL C
408Burlingame City Council
REPORTS
November 5,2001
Councilwoman O'Mahony attended Commerce and Coffee, the 75th Anniversary of OLA, and the
Lion's Club recognition luncheon. Councilman Coffey attended the Lion's recognition luncheon, Poplar
ReCare breakfast, Council of Cities meeting, Burlingame Safestreet, and the 75th Anniversary of OLA.
Councilwoman Janney attended Commerce and Coffee, Council of Cities meeting, planning committee
meeting with the Burlingame Schools, a special meeting for shared fire services, Poplar ReCare
breakfast, the Convention Bureau Evening at the driving range, and the Mills Peninsula Foundation
Fundraiser. Mayor Galligan attended Youth in Government Day, Shelter Network Breakfast, Lion's
Club recognition luncheon, ribbon cutting for Live Optics, Commerce and Coffee, a special meeting for
shared fire services, Safe Streets, Poplar ReCare Breakfast, 75th Anniversary of OLA and the Mills
Peninsula Foundation Fundraiser. All Council Members attended the Special Council meeting held with
Jackie Speier.
11. OLD BUSINESS
There was no old business.
12. NEW BUSINESS
Councilwoman O'Mahony requested the application for a parking variance be brought to Council for
review regarding 247 California Drive, tentatively set for November 19,200I .
Mayor Galligan noted the unveiling of the #lMangini Way street sign will be on November 13,2001 at
10:45 a.m.
13. ACKNOWLEDGMENTS
a.Commission Minutes: Planning, October 22,200T; Beautification, October 4,2001; Parks &
Recreation, October 18, 2001; Library Board of Trustees, September 4,2001
b. DepartmentReports: Police, September,z}}l
c.Letter from Linda Abbey regarding Sisters of Mercy campus master plan; response letter to Linda
Abbey from Sisters of Mercy
d. Letter from E. James Hannay, Rector Motor Car Company, regarding signage
Letter from Gerry Wentworth regarding Community Center; response letter from P&RD Schwartz
Letter from Cathy Deutsch, 1633 Lassen Way, regarding displaying of American Flags
g. Memo from Director of Public Works regarding Parking Meter Times
Council moved to closed session at 8:17 p.m.
e.
f.
Burlingame City Council 409 November 5,2001
j
a.
14. CLOSED SESSION
Threatened Litigation - Government Code Section 54956.9(b)(1), (3XC)): Claim of AIG for
reimbursement of bond proceeds
Council advised CA Anderson in regards to the threatened litigation, claim of AIG for reimbursement of
bond proceeds.
15. ADJOURNMENT
Mayor Galligan adjourned the meeting at 8:30 p.m. in memory of Bob Osburg and the mother of
Planning Commissioner Stan Vistica.
Respectfully submitted,
O*,- 11 ylr*uy-LD
Ann T. Musso
City Clerk
Burlingame City Council 4t0 November 5,200I