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HomeMy WebLinkAboutMin - CC - 2003.07.07BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of July 7,2003 CLOSED SESSION: (5:45 p.m., Conference Room A) CA Anderson advised that Council provided direction in handling the following litigation: a. Threatened Litigation (Government Code $ 54956.9(b)(l),(3)(C)): Claim of Farmers Insurance Claim of Karen Bongi Claim of Universal Underwriters Insurance Claim of State Farm Insurance STUDY SESSION: (6:00 p.m., Conference Room A) a. DIRECTION ON BURLINGAME AVENUE AND BROADWAY BUSINESS DISTRICTS PARKING RATES AND TIME LIMITS DPW Bagdon recommended that Council give staff direction on changes in the parking meter rates and times as endorsed by the Traffic, Safety and Parking Commission for the Burlingame Avenue and Broadway business districts. Staff was given direction to proceed with the changes, returning to Council with approval of the necessary municipal codes in August. 1. 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 Mike Coffey called the meeting to order at 7:00 p.m. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Tom Marriscolo. 3. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: Baylock, Coffey, Galligan, Janney, O'Mahony None 4. MINUTES Vice Mayor O'Mahony made a motion to approve the minutes of the June 16, 2003 Council meeting; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Burlingame City council 22 July 7,2003 Approved Minutes 5. B. PRESENTATIONS 280 CORRIDOR CONCERNED CITIZENS GROUP REGARDING THE JEFFERSON- Michelle Nemschoff of 280 Corridor Concerned Citizens Group presented their preferred altematives to PG&E's plan to install a 230kV transmission line along the Skylinel2S0 area. Ms. Nemschoff listed the possible health risks associated with exposure to power lines. She then asked Council to support the preferred alternatives to State legislators and to the California Public Utilities Commission (CPUC). Councilman Galligan stated that Council had adopted a resolution in February 2003 indicating the potential significant impacts of the project and requesting PG&E and the CPUC to provide open discussions with the community and the 280 corridor citizens group on the various options. b. CHILDRBN'S HEALTH INITIATIVE - A SAN MATEO COUNTY PROGRAM Toby Douglas, Project Manager for the Children's Health Initiative, provided an overview of this relatively new county program. This is a comprehensive insurance program for the children of this county. Mr. Douglas asked for Council's support of this initiative and stated that they have already reached out to the community through the school lunch program. PUBLIC HEARINGS CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR EL TORITO RESTAURANT. MARTIN TRANSMISSION LINE 6. a. CA Anderson requested Council hold a public hearing on the application for an amusement permit for El Torito Restaurant at 1590 Bayshore Highway. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Galligan made a motion to approve this request; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR GOKART RACER AT 1541 ADRIAN ROAD CA Anderson requested Council hold a public hearing on the application for an amusement permit for GoKart Racer at 1541Adrian Road. CA Anderson stated it was suggested that Condition #9 be changed to apply during regular school days. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Vice Mayor O'Mahony made a motion to approve this request with the stated change agreed to by CA - Anderson; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Burlingarne City Council Approved Minutes b 23 July 7, 2003 1590 BAYSHORE HIGHWAY C. CONSIDER APPROVAL OF EXTENSION OF HOURS FOR AMUSEMENT PERMIT FOR TOWLE'S CAFE. 1401 BURLINGAME AVENUE CA Anderson requested Council hold a public hearing on the application for an amusement permit for Towle's Cafe at 1401 Burlingame Avenue. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Vice Mayor O'Mahony made a motion to approve this request; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. d. ADOPT ORDINANCE TO REQUIRE INCLUSION OF AFFORDABLE UNITS IN NEW RESIDENTIAL DEVELOPMENTS WITH FOUR OR MORE LOTS OR FOUR OR MORE MULTIPLE FAMILY UNITS CP Monroe reviewed ordinance and requested Council hold a public hearing on the ordinance to require inclusion of affordable units in new residential developments with four or more lots or four or more multiple family units. Mayor Coffey opened the public hearing. There were no comments from the floor, and the public hearing was closed. Vice Mayor O'Mahony suggested changing the ordinance to include an incentive to the developer that if the unit is made an affordable rental unit for the requisite time, it will be at full market value when the unit is sold. CA Anderson suggested adopting the ordinance as is; and he will introduce an ordinance at the August 4,2003 regular Council meeting spelling out that nothing in the inclusionary ordinance would prevent a developer from making a rental unit market rate after the legal requirements have been met or preventing a developer from holding a condominium as affordable rental housing for the legally required time and then selling the unit at market rate. Vice Mayor O'Mahony made a motion to adopt Ordinance #1714 to require inclusion of affordable units in new residential developments with four or more lots or four or more multiple family units; seconded by Councilwoman Baylock, approved by voice vote, 5-0. e. ADOPT ORDINANCE ESTABLISHING WATER RATES FOR FISCAL YEAR 2004,2005 AND 2006 DPW Bagdon requested Council hold a public hearing to establish water rates for Fiscal Year 2004,2005 and2006. Mayor Coffey opened the public hearing. Ray Mauss, 1837 Hunt Drive, spoke on sewer charge being based on water usage. W. Douglas Weaver, 1101 Douglas Avenue, spoke on water and sewer rates. Geraldine Leary, Hillside Drive, spoke on water and sewer rates. Jonathan Sharp, 1457 Bellevue Avenue, spoke on the sewer system. There were no further comments from the floor, and the public hearing was closed. Burlingame City Council Approved Minutes 24 July 7,2003 g. Vice Mayor O'Mahony made a motion to adopt Ordinance #1715 to establish water rates for Fiscal Year 2004,2005 and 2006; seconded by Councilman Galligan, approved by voice vote, 5-0. f.ADOPT ORDINANCE ESTABLISHING FISCAL YEAR 2OO4.2OO5 AND 2006 SANITARY SEWER USER RATES DPW Bagdon requested Council hold a public hearing to establish sanitary sewer user rates for Fiscal Year 2004,2005 and 2006. Mayor Coffey opened the public hearing. (See Item 6.e., second paragraph, for comments.) There were no further comments from the floor, and the public hearing was closed. Councilman Galligan made a motion to adopt Ordinance #1716 to establish sanitary sewer user rates for Fiscal Year 2004,2005 and 2006; seconded by Councilwoman Janney, approved by voice vote, 5-0. ADOPT ORDINANCE AMENDING FEES AND PENALTIES ASSOCIATED WITH THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 2OO3/04. 2OO4l05 AND 2005/06 DPW Bagdon requested Council hold a public hearing to amend fees and penalties associated with the Industrial Waste Discharge Program for Fiscal Year 2004,2005 and 2006. Mayor Coffey opened the public hearing. There were no comments from the floor, and the public hearing was closed. Vice Mayor O'Mahony made a motion to adopt Ordinance #1717 to amend fees and penalties associated with the Industrial Waste Discharge Program for Fiscal Year 2004,2005 and 2006; seconded by Councilwoman Janney, approved by voice vote, 5-0. 7. PUBLIC COMMENTS Russ Cohen, 605 Lexington Avenue, spoke regarding the Burlingame Golf Center 8. STAFF REPORTS APPROVAL OF RESOLUTION TO APPROVE AGREEMENT WITH VB GOLF II FOR GOLF OPERATIONS AT THE BURLINGAME GOLF CENTER P&RD Schwartz requested Council approve Resolution #74-2003 to approve agreement with VB Golf II for golf operations at the Burlingame Golf Center. Councilman Galligan made a motion to approve the resolution to approve agreement with VB Golf II for golf operations at the Burlingame Golf Center; seconded by Vice Mayor O'Mahony, approved unanimously by voice vote, 5-0. Burl ingame City Council Approved Minutes a. 25 July 7,2003 b.INTRODUCE ORDINAI\CE TO DELETE THE MONTHLY STIPEND TO THE PLANNING COMMISSION CP Monroe requested Council introduce an ordinance to delete the monthly stipend to the Planning Commission. Councilman Galligan suggested that the commissioners continue to receive the money for seminars or training costs or as a monthly stipend. Councilwoman Janney said she agreed with Councilman Galligan especially since the City wants to encourage public participation on our commissions. CA Anderson stated that staff will reintroduce the ordinance with different language incorporating Council's suggestions. c. DISPOSITION OF BURLINGAME LIBRARY FOUNDATION DONATION Librarian Escoffier requested Council approve disposition of the Burlingame Library Foundation donation of $65,000. Vice Mayor O'Mahony made a motion to approve disposition of the Burlingame Library Foundation donation; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. d.INTRODUCE ORDINANCE TO AMEND CHAPTER 9.04 TO UPDATE THE LICENSE AND FEE SCHEDULE FOR ANIMAL CONTROL CM Nantell requested Council introduce an ordinance to amend Chapter 9.04 to update the license and fee schedule for animal control. Mayor Coffey requested DepCC Mortensen to road the title of the proposed ordinance to amend Chapter 9.04 to update the license and fee schedule for animal control. Councilman Galligan waived further reading of the proposed ordinance; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Vice Mayor O'Mahony made a motion to introduce the proposed ordinance; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Mayor Coffey requested DepCC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. 9, CONSENT CALENDAR a.NPDES STORMWATER MANAGEMENT PLAN 2OO3/04 GENERAL PROGRAM BUDGET DPW Bagdon recommended Council adopt Resolution #75-2003 to approve recommending the San Mateo County Flood Control District impose basic and additional charges for funding the expanded scope of work for the 2003104 countywide National Pollution Discharge Elimination system (NPDES) General Program and to adopt Resolution #76-2003 approving an agreement with the San Mateo County Flood Control District regarding fees for the N PDES Program and authorizing the City Manager to execute agreement. Burl ingame City Council Approved Minutes 26 July 7,2003 b. RESOLUTION ACCEPTING FISCAL YEAR 2OO2l03 ANNUAL SIDEWALK PROGRAM DPW Bagdon recommended Council adopt Resolution #77-2003 accepting Fiscal Year 2002103 Annual Sidewalk Program. c.USE OF SAN MATEO POLICE DEPARTMENT FIRING RANGE COP Palmer recommended Council adopt Resolution #78-2003 approving an agreement with the City of San Mateo for use of the City of San Mateo firing range and authorizingthe Chief of Police to execute the agreement. d. TENTATIVE CONDOMINIUM MAP FOR A FOUR-UNIT CONDOMINIUM. RESUBDIVISION OF PORTION OF LOT 13. BLOCK 8, MAP OF BURLINGAME LAND COMPANY NO. 2 .535 ALMER ROAD DPW Bagdon recommended Council concur with the Planning Commission and approve the above referenced tentative condominium map. e. RESOLUTION ACCEPTING RESTRO MODIFICATIONS AT RAY PARK AND CUERNAVACA PARK P&RD Schwartz recommended Council adopt Resolution #79-2003 accepting completion of restroom modifications at Ray Park and Cuernavaca Park. f. RESOLUTION APPROVING PRO SERVICES AGREEMENT WITH OLIVIA CHEN CONSULTAI\TS FOR EVALUATION OF EXISTING WATER SYSTEM PUMP STATIONS DPW Bagdon recommended Council adopt Resolution #80-2003 approving professional services agreement with Olivia Chen Consultants for evaluation of existing water system pump stations. e. RESOLUTION AWARDING CONSTRUCTION CONTRACT TO SHAW PIPELINE FOR THE BURLINGHOME EASTON PHASE I WA MAIN REPLACEMENT AND RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH THE CULVER GROUP FOR CONSTRUCTION MANAGEMENT OF THE PIPELINE PROJECT DPW Bagdon recommended Council adopt Resolution #81-2003 awarding construction contract to Shaw Pipeline for the Burlinghome Easton Phase I Water Main Replacement and adopt Resolution #82-2003 approving professional services agreement with the Culver Group for construction management of the Pipeline Project. Burlingame City Council Approved Minutes 27 July 7,2003 h. CONTRACT TO PROVIDE LIBRARY SERVICES TO TOWN OF HILLSBOROUGH CM Nantell recommended Council adopt Resolution #83-2003 to provide Library Services to the Town of Hillsborough. i. RESOLUTION AWARDING STREET CAPE SEAL PROGRAM DPW Bagdon recommended Council adopt Resolution #84-2003 to ovemrle the bid protest by Valley Slurry Seal, waiving a minor deficiency in the bid submitted by Western States Surfacing, Inc. and authorizing execution of the agreement between the City of Burlingame and Western States Paving, Inc. for the 2003 Street Cape Seal Program. j. APPROVAL TO CANCEL JULY 21.2003 REGULAR COUNCIL MEETING DepCC Mortensen recommended Council cancel the July 21,2003 regular Council meeting due to vacations and lack of business. Councilman Galligan made a motion to approve Consent Calendar Items a. through h. and j.; seconded by Vice Mayor O'Mahony, approved unanimously by voice vote, 5-0. Councilwoman Baylock asked if the City Attorney had any reservations in Council approving the Item i. resolution since the bid had been protested. CA Anderson stated he had no objections since the issues had been resolved. Councilwoman Baylock made a motion to approve Consent Calendar Item i.; seconded by Vice Mayor O'Mahony, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 11. OLD BUSINESS Active Old Business: a. Constderatian allleaslne Greyhound Buildine Staff received proposals through July 3, 2003, from parties interested in leasing The Depot. b. Newspaper racks on Broadwav The newsrack committee met with City Staff on Jtrne26,2003, to review the ordinance proposal of placement and limitation of newsracks at specific locations on Broadway. The newsrack committee is in 28 Burlingame City Council July 7,2003 Approved Minutes agreement to limit the current newsracks ready for installation on Broadway. However, the newsrack committee would like to reserve the right to install newsracks on a case-by-case basis if a new desirable business opens on Broadway. During the late summer or early fall, the newsrack committee will review the proposed changes to the ordinance prior to Council approval. c. Safewav Proiect Appeal CP Monroe advised that staff met with Safeway representatives on Jtne 27 regarding additional environ- mental information that may need to be submitted and evaluated. CP Monroe stated that the additional responses should be ready for circulation and hearing in early August. Councilman Galligan noted he would like to ask the Planning Commission to review and comment on the additional responses to comments made on the Final EIR. Vice Mayor O'Mahony asked if there were any questions for Safeway to be posed at Council's subcommittee meeting with Safeway on July 8, 2003; none were made. 12, NEW BUSINESS Vice Mayor O'Mahony stated that an email was received from Grady Hunt, 1509 Newlands Avenue, complaining about company-owned buses being parked on residential streets. Mayor Coffey stated he referred this item to the Police Department to determine the legality of buses parking on residential streets Councilman Galligan requested that the regular Council meeting on Monday, September 15, be changed to Tuesday, September 16,2003, due to conflicting commitments. This request will be calendared for the August 4,2003 Council Agenda. 13. ACKNOWLEDGMENTS Commission Minutes: Library Board, May 20 Beautification, June 5; Traffic Safety and Parking, June l2; Parks & Recreation, June 19; Planning, June 23,2003 b. Department Reports: Police, I|l4ay 2003 c.Bayfront Specific Area Plan Memo to select Study Meeting date d. Letter from Western Rigging Products and Specialty Service Company on parking problems in the industrial area e. Letter from Equity Office Properties Trust Company on the proposed water and sewer rate increases f. Mid-year review of City Manager to be scheduled 14. ADJOURNMENT Mayor Coffey adjourned the meeting at 9:35 p.m. Burlingame City Council Approved Minutes a. 29 July 7,2003 CP Monroe requested Council select a date for a joint study session on the Bayfront Specific Area Plan. August 18, 2003, was suggested and will be confirmed later. submitted, Clerk Burlingame City Council Approved Minutes 30 July 7,2003