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HomeMy WebLinkAboutMin - CC - 2009.01.05 CITY `� BURLINGAME 9�0 q�HnTEO J NE b BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of January 5, 2009 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 Ann Keighran called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Rudy Horak. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None --� 4. MINUTES Vice Mayor Baylock made a motion to approve the minutes of the regular City Council meeting of December 1, 2008; seconded by Councilwoman Nagel. Vice Mayor Baylock made a motion to approve the minutes of the special City Council meeting of December 15, 2008 seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATIONS Mayor Keighran recognized four students, who participated and contributed considerable time in the Relay for Life Marathon that took place in Burlingame in October 2008. Mayor Keighran presented each student with a proclamation to commemorate their experience. 6. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF AN APPLICATION FOR A MITIGATED NEGATIVE DECLARATION, COMMERCIAL DESIGN REVIEW, PARKING AND SETBACK VARIANCES, AND A CONDITIONAL USE PERMIT FOR A 24-HOUR OPERATION OF A DRUG STORE, FOR A NEW 13,755 SQUARE FOOT RETAIL BUILDING AT 260 EL CAMINO REAL, ON PROPERTY SITUATED WITHIN A COMMERCIAL (C-1) ZONE, SUB-AREA A Councilwoman O'Mahony recused herself from the hearing on this item. CA Guinan advised that Councilwoman O'Mahony owns shares of stock in the company proposing to occupy the building. 1 Burlingame City Council January 5,2009 Approved Minutes At this time, Mayor Keighran welcomed the new City Attorney Gus Guinan. CDD Meeker reviewed the staff report and requested Council hold a public hearing on the appeal of the Planning Commission's denial without prejudice of requests for adoption of a Mitigated Negative �-- Declaration; and approval of Commercial Design Review, parking and setback variances, and a conditional use permit for a 24-hour operation of a drug store, for a new 13,755 square foot retail building at 260 El Camino Real; and consider public testimony and the analysis contained in the staff report. Action regarding the appeal should include specific findings supporting the Council's decision and should be affirmed by Resolution of the City Council. The reasons for any action should be stated clearly for the record. The City Council may consider the following alternatives: 1. deny the appeal and uphold the Planning Commission's action denying without prejudice the requests; 2. grant the appeal, and adopt a Mitigated Negative Declaration; and approve the requests for Commercial Design Review, parking and setback variances, and a conditional use permit for a 24- hour operation of a drug store, for a new 13,755 square foot retail building at 260 El Camino Real; subject to conditions (including mitigation measures identified in the Mitigated Negative Declaration and Mitigated Monitoring Plan); 3. grant the appeal,provide direction to the applicant regarding project modifications and refer the project back to the Planning Commission for reconsideration. Mayor Keighran opened the public hearing. Michael Nilmeyer, Architect for the project and Applicant Kevin Cullinane, SC Properties gave presentations and outlined the design of the proposed building. They answered questions from Council Members concerning numerous interior and exterior design features of the building, particularly the design of the windows facing Burlingame Avenue and El Camino Real, and the pedestrian walkway along the east side of the building. Additionally, the Council discussed providing a curb-cut from El Camino Real into City Parking Lot K, the cost to be borne by the applicant. The following citizens spoke: Tom Paine, 728 Concord Way spoke against the project; Steve Alms, 1534 Meadow Lane and Michael Giotonis 659 Eastview Way, Emerald Hills spoke in support of the project. The Applicant spoke again encouraging approval of the project. There were no further comments, and the hearing was closed. Councilwoman Nagel made a motion to grant the appeal and adopt a Mitigated Negative Declaration; and approve the requests for Commercial Design Review,parking and setback variances, and a conditional use permit for a 24-hour operation of a drug store, for a new store located at 260 El Camino Real; subject to the following conditions: windows coming back to the Council for final approval under the FYI basis; review of security in the pedestrian walkway after a 12 month period, at which time the applicant could be required to gate the area; a second bench shall be provided on the corner of El Camino Real; require that deliveries must be made between midnight and 6:00 a.m. due to traffic congestion during commute hours; parking in lieu fee to be paid for the five parking spaces; the applicant shall assist the City in requesting approval of a curb-cut to Parking Lot K from El Camino Real, if Caltrans approves the curb-cut, the applicant shall pay for the improvement or install it at his cost,but the project will not be delayed if the curb-cut is not approved by Caltrans; encourage energy efficient and sustainable materials; and installation of trees that would not obstruct pedestrians walking on El Camino Real that are consistent with the vision of the Grand Boulevard initiative; seconded by Vice Mayor Baylock. �- 2 Burlingame City Council January 5,2009 Approved Minutes Mayor Keighran called for a roll call vote. The motion was approved by voice vote, 4-0-1 (O'Mahony recused). CDD Meeker indicated that staff would prepare a resolution memorializing the Council's action for consideration at its next meeting. Councilwoman O'Mahony returned to the dais. 7. PUBLIC COMMENTS The following citizens all spoke concerning Item 8a: Hank Sauer, 840 Fairfield; Frank Hunt, 1134 Eastmoor; Steve Alms, 1534 Meadow Lane; Ed Larios, 1536 Barroilhet; Dwight Dunn, 600 Pisces Lane, Foster City; Liz McManus, 824 Greenwood, San Mateo; Ken Post, 1617 Coronado Way; John Eaton, 612 Concord ; Donna Colson, 2626 Hale; There were no comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. CONSIDER DISCUSSIONS BETWEEN THE SAN MATEO UNION HIGH SCHOOL DISTRICT AND THE CITY OF BURLINGAME REGARDING FACILITY FEES AND CHARGES CM Nantell reviewed the staff report and provided Council with an update regarding the status of the fees to be charged by the San Mateo Union High School District for scheduled use of their facilities and he asked Council to direct staff regarding any follow up actions. As requested by Council at the December 1, 2008 Council meeting, CM Nantell provided a review of the City's efforts to date and stressed there has been considerable misinformation that has been circulated on this topic. Council discussion followed regarding the hundreds of thousands of dollars that has been given by the City to the High School District in years past; the frustration that had the District provided the financial report 10 months earlier, when it was first requested, thousands of dollars of staff time for all the entities involved would have been saved; the possibility of a Town Hall meeting with the public and School Board members to discuss this matter; accept the report and use a mediator to resolve the matter, since these are public issues, and this has gone on too long; how important is for the youth of the communities that this issue be resolved; subcommittee of the Council meet with the subcommittee of the High School District and the heads of the sports programs. Mayor Keighran asked for direction. Councilwoman Nagel made a motion that Council accept the report from the School District, subject to the report of the independent financial consultant hired jointly by the four cities. Also, the subcommittees of the two sides and the directors of the key sports programs work out a solution with a professional mediator; seconded by Councilwoman O'Mahony; motion was approved unanimously by voice vote, 5 —0. Mayor Keighran called for a five minute break. b. CONSIDER AND DIRECT STAFF REGARDING BUDGET REDUCTION OPTIONS PRD Schwartz reviewed the staff report and indicated that the City is facing a projected budget shortfall of between $2 million and $2.5 million for the current fiscal year due to several factors, including an estimated 10%reduction in sales tax and 10% to 15%reduction in transient occupancy tax. Council was asked to consider the options and give staff direction on specific budget actions to take during the remainder of the 2008-09 fiscal year. He discussed proposed delays to capital improvement projects, revenue enhancements and operating expense reductions recommended to take place this year in various departments. 3 Burlingame City Council January 5,2009 Approved Minutes Council discussion followed concerning revising the Commissioners' Dinner; cost of the Police Officer assigned to the High School; computer replacements; a charge for taking credit cards payments; City Arborist positions; Agreement with Hillsborough for participating in the Library system; charging the San Mateo County Convention and Visitors Bureau a collection fee; business license tax; fleet budget; and `— proposed reduction in Library hours and Graphic Artist. Council's direction included moving forward with all of staff's recommendations, except to keep the Commissioners' Dinner intact for 2009. Council also directed staff to implement the financial services agent fee to the Convention and Visitors Bureau in 2009-10 and requested more information on the vehicle purchase and the Engineering Division's Green Project. c. TRANSMITTAL OF THE FY 2007-08 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND ACCOMPANYING LETTERS FROM INDEPENDENT AUDITORS TO THE CITY COUNCIL FinDir Nava presented the FY 2007-08 Comprehensive Annual Financial Report. Councilwoman O'Mahony made a motion to accept the 2007-2008 Comprehensive Annual Financial Report; seconded by Councilwoman Nagel; motion was approved unanimously by voice vote, 5 —0. d. CONSIDER STATE OF THE CITY 2008 ACCOMPLISHMENTS CM Nantell reviewed the draft of the 2008 City Accomplishments and State of the City report in preparation for a mailing to the residents that should be finalized by the end of January or early February 2009. Based on Council discussion, minor changes were addressed, and CM Nantell will forward the final version to Council prior to mailing it to the residents. 9. CONSENT CALENDAR a. APPROVE RECLASSIFICATION OF ONE FIREFIGHTER'S POSITION TO "FLOAT" CAPTAIN FC Dornell requested Council approval of a reclassification of one Firefighter's position to "Float" Captain. b. APPROVE OUT-OF-STATE TRAVEL FOR SERGEANT DON SHEPLEY TO ATTEND FBI ACADEMY IN QUANTICO,VIRGINIA PC Van Etten requested Council approve travel for Sgt Don Shepley to attend FBI Academy in Quantico, Virginia. c. APPROVE RESOLUTION ACCEPTING COMPLETION OF LAGUNA, PALOMA AND "J" LOT PLAY AREA RESILIENT SURFACING PRD Schwartz requested Council approve Resolution No. 1-2009 approving completion of Laguna, Paloma and"J" Lot Play Area resilient surfacing. d. APPROVE 2009 CITY OF BURLINGAME INVESTMENT POLICY FinDir Nava requested Council approve the City's Statement of Investment Policy for 2009. e. APPROVE TOLLING AGREEMENT TAX ADMINISTRATION FEES �.. 4 Burlingame City Council January 5,2009 Approved Minutes Interim CA Abrams requested Council approve agreement between the County of San Mateo and the City of Burlingame to toll statutes of limitations for claims regarding Property Tax Administration Fees. E APPROVE RESOLUTION FOR A SALARY INCREASE FOR THE CITY MANAGER AND CITY ATTORNEY HRD Dolan requested Council approve Resolution No. 2-2009 approving a salary increase for the City Manager and the City Attorney. g. APPROVE CORRECTION TO TOURISM BUSINESS DISTRICT NUMBER OF ROOMS FOR ZABALLA HOUSE Interim CA Abrams requested approval of a reduction in rooms for Zaballa House, Half Moon Bay, from 23 to 16, thus correcting the 2009 assessment matrix for the Tourism Business District. Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Pat Giornia, 1445 Balboa spoke in support of the Storm Drain Measure and encouraged people to use public transportation. 12. OLD BUSINESS There was no old business. 13. NEW BUSINESS Councilwoman Nagel requested a future discussion on the Holiday Parade and Tree Lighting Ceremony and possible alternatives after receiving feedback from the Chamber. Mayor Keighran requested that information pertaining to a Planning project Agenda item be received prior to the night of the meeting. CM Nantell reviewed the Goals Setting process for the upcoming meeting at the end of January. 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, September 23 & October 21, 2008; Parks & Recreation,November 20, 2008; Planning, November 24, 2008; Beautification, December 4, 2008 b. Department Reports: Building,November 2008; Finance,November 2008; Police,November 2008 c. Two letters from Comcast concerning program adjustments 5 Burlingame City Council January 5,2009 Approved Minutes 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 12:22 a.m., January 6 in memory of Timothy Beary. Respectfully submitted, Mary Ellen Kearney City Clerk 6 Burlingame City Council January 5,2009 Approved Minutes