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HomeMy WebLinkAboutMin - CC - 2009.11.02 CITY BURUNGAME � ' m e a° BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of November 2, 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. CLOSED SESSION: CA Guinan advised that Council met in closed session with Labor negotiators, gave direction to the Labor negotiators, and were updated on the status of labor negotiations on the following: City Negotiators: Jim Nantell, Glenn Berkheimer Employee Organizations: Police Administrators, Police Officers Association, •-. There was no further reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Gino Gasparini. 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 October 19, 2009 regular Council meeting; seconded by Councilman Deal. 5. PUBLIC HEARINGS a. ADOPT ORDINANCE NO. 1841 REPEALING CHAPTER 3.48, CIVIL SERVICE COMMISSION, AND SECTION 3.052.04,APPEAL HEARINGS, AND AMENDING SECTION 3.52.030 OF TITLE 3 OF THE BURLINGAME MUNI CIPAL CODE; ADOPTION OF A RESOLUTION AMENDING THE CIVIL SERVICE RULES; AND ADOPTION OF A RESOLUTION DELEGATING THE CITY MANAGER THE AUTHORIT')( TO DETERMINE INDUSTRIAL DISABILITY OF SAFETY MEM BERS 1 Burlingame City Council November 2,2009 Approved Minutes CA Guinan reviewed the staff report and requested Council adopt Ordinance No. 1841 -2009 eliminating the Civil Service Commission based on the decision of the City Council at the September 8, 2009 Council meeting. Mayor Keighran opened the public hearing. Burlingame residents Stephen Hamilton and Michael Brownrigg spoke. There were no further comments from the floor, and the hearing was closed. Council requested that a report from the Municipal Employees Relations Committee be placed on an agenda for a Council meeting in February or March 2010. Mayor Keighran requested CC Kearney read the title of the proposed ordinance repealing Chapter 3.48, Civil Service Commission, and section 3.052.04, Appeal Hearings, and amending Section 3.52.030 of title 3 of the Burlingame Municipal Code. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to approve adoption of Ordinance No. 1841 ; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney publish a summary of the ordinance within 15 days of adoption. b. APPEAL OF THE PLANNING COMMISSION'S DENIAL WITH PREJUDICE OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY STRUCTURE TO BE USED FOR RECREATIONAL PURPOSES ON PROPERTY ^ LOCATED AT 349 LEXINGTON WAY CCD Meeker requested Council hold a public hearing on the appeal of the application for a conditional use permit for an accessory structure to be used for recreational purposes on property located at 349 Lexington Way and consider public testimony and the analysis contained within 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 City Council may consider the following alternatives (1 ) deny the appeal and uphold the Planning Commission's action denying the application for conditional use permit for a recreational area in an accessory structure; or (2) grant the appeal, and approve the project subject to conditions. Mayor Keighran opened the public hearing. Marie Nasser, applicant and owner of the property, and Leigh Prince, attorney for the applicant, spoke about the project. Barry Chandler, contractor for the project stated that he has done work in Burlingame. Burlingame residents Steve Dwyer, Fred Stirm and Pat Giorni all spoke against the project. There were no further comments from the floor, and the hearing was closed. Councilwoman Nagel made a motion to uphold the Planning Commission's decision and deny the conditional use permit; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 6. PUBLIC COMMENTS Mayor Keighran opened the public comments. Carolyn Wylie, Field Representative/Caseworker for Congresswoman Jackie Speier introduced herself as the new liaison for the City. 2 Burlingame City Council November 2, 2009 Approved Minutes The following Burlingame citizens spoke: Michael Brownrigg spoke on item 8d and spoke about the artists' project in front of Peninsula Hospital; Pat Giorni spoke on item 7a, and urged everyone to vote. 7. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE FOR AMENDMENTS TO TITLE 25 OF THE MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS CDD Meeker reviewed the staff report and requested Council consider amending the zoning code to increase the initial time limit for exercising approvals by the Planning Commission and City Council from one year to three years; amend the number and time limit for extensions from a one year extension to a one-time, two- year extension; provide for the application of the proposed time limit amendments to approvals that have not yet expired, or are still within an approved one-year extension; and clarify and amend the appeal period for design review applications from 7 days to 10 days to be consistent with appeal periods for other applications. CDD Meeker said the item was returned to the Planning Commission on October 26, 2009 to add the sunset clause, as requested by the Council at their October 5, 2009 meeting. Councilman Deal wanted it noted that this does not apply to building permits. Mayor Keighran requested CC Kearney read the title of the proposed ordinance amending Chapter 25 . 16. 130 of Title 25 to increase the time limit for exercise of variance, conditional use permit, special permit, or condominium permit, and to amend the time limit for extensions, and to amend Chapter 25 .57.030 to clarify the appeal period for design review applications. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. b. STORM DRAINAGE CAPITAL IMPROVEMENT PROGRAM IMPLEMENTATION UPDATE DPW Murtuza introduced Matt Zucca of Erler & Kalinowski who gave a Capital Improvement Program Update presentation. Mayor Keighran stated there will be additional updates throughout the year. C. ADOPT A RESOLUTION AUTHORIZING THE FORMATION OF THE STORM DRAINAGE PROGRAM CITIZENS OVERSIGHT COMMTTEE DPW Mutuza reviewed the staff report and requested Council adopt Resolution No. 96-2009 establishing the City's Storm Drain Fee Oversight Committee. 3 Burlingame City Council November 2, 2009 Approved Minutes Councilwoman O'Mahony made a motion to approve Resolution No. 96-2009; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. d. CONSIDER APPOINTMENTS TO PARKS & RECREATION COMMISSION Council interviewed the two incumbents, John Eaton and Susan Castner-Paine on October 21 , 2009 and agreed to reappoint them to the Commission for a three year term, ending in October 2012. Councilman Deal made a motion to reappoint the two incumbents; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. e. CONSIDER APPOINTMENTS TO BEAUTIFICATION COMMISSION Council interviewed the four applicants on October 21 , 2009 and agreed they were all very qualified. They decided to reappoint the three incumbents, Donna Wright, Mary Hunt, and Leslie McQuaide. Vice Mayor Baylock made a motion to reappoint the three incumbents; seconded by Councilman Deal . The motion was approved unanimously by voice vote, 5-0. 8. CONSENT CALENDAR Mayor Keighran requested that item 8c be removed for a presentation; Councilwoman Nagel requested that 8d be removed from the Consent Calendar for further discussion. ^ Vice Mayor Baylock made a motion to approve Items 8a, b, e, f, g, and h of the Consent Calendar; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION APPROVING A TEN-YEAR AGREEMENT WITH SOUTH BAY RECYCLING, LLC FOR THE OPERATION OF THE SHOREWAY RECYCLING AND DISPOSAL CENTER FinDir Nava requested Council adopt Resolution No. 97-2009 approving an agreement for the operation of the Shoreway Recycling and Disposal Center. b. ADOPT A RESOLUTION ACCEPTING 2009 FEDERAL ARRA GRANT STREET RESURFACING PROJECT AWARDED TO GALLAGHER & BURK DPW Murtuza requested Council adopt Resolution No. 98-2009 accepting the 2009 Federal ARRA grant street resurfacing program. C. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT WITH RECOLOGY SAN MATEO COUNTY FOR RECYCLABLE MATERIALS, ORGANIC MATERIALS AND SOLID WASTE COLLECTION SERVICES FinDir requested Council adopt Resolution No. 99 -2009 authorizing the City Manager to execute a franchise agreement with Recology San Mateo County. 4 Burlingame City Council November 2, 2009 Approved Minutes Mario Puccinelli, representing Recology, gave a presentation about the company and outlined the many services they will be offering the residents of Burlingame when the contract commences in January 2011 . Vice Mayor Baylock made a motion to approve item 8c and adopt the Resolution; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. d. ADOPT A RESOLUTION TO PERMANENTLY ADOPT RESIDENTIAL PARKING PERMIT PROGRAM COP Van Etten requested Council adopt Resolution No. 100-2009 permanently establishing preferential parking areas and policies to be applied in connection with those areas. Councilwoman Nagel requested clarification as to where the residential permit is currently in place. COP Van Etten provided clarification on the areas and reviewed the process for applying for a permit. Councilwoman O'Mahony made a motion to approve item 8d and adopt the Resolution; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. e. APPROVAL FOR YOUNG ADULT SERVICES LIBRARIAN TO ATTEND OUT-OF-STATE CONFERENCE CL Escoffier requested Council approve out-of-state travel for Amy Pelman to attend Library Association Mid-Winter Conference in Chicago, Illinois. ^ f. REQUEST FROM BROADWAY MERCHANTS TO HAVE A CHILDREN'S SNOW GARDEN ON CAPUCHINO AVENUE ON DECEMBER 5, 2009 Mr. Broadway, Ross Bruce requested Council approve closure of a portion of Capuchino Avenue from 2:00 p.m. to 9:00 p.m. on Saturday, December 5, 2009. g. ADOPT A RESOLUTION TO APPROVE 2009 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND TO GIVE NOTICE OF INTENT TO LEVY ASSESSMENTS FOR THE 2010 YEAR CA Guinan requested Council approve Resolution No. 101 -2009 declaring its intention to levy 2010 annual assessments for the San Mateo County Tourism Business Improvement District. h. SECURITIZATION OF PROPOSITION 1A LOAN TO THE STATE OF CALIFORNIA IN THE AMOUNT OF $1.1 MILLION FinDir Nava requested Council authorize the Proposition IA loan to the State of California in the amount of $ 1 . 14 million and authorize the use of General Fund reserves to augment any potential budgetary shortfall until repayment of the loan in 2013. 9. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 5 Burlingame City Council November 21 2009 Approved Minutes 10. PUBLIC COMMENTS Burlingame resident Pat Giorni spoke on several items; Burlingame resident Charles Voltz spoke about bicycle riding and the first new bicycle lane on Howard Avenue; Burlingame resident Russ Cohen spoke on several items. There were no further comments. 11 . OLD BUSINESS Councilman Deal requested that the position on the Joint Powers Board be on a future agenda. 12. NEW BUSINESS 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, October 13, 2009; Parks & Recreation, October 15, 2009 b. Department Reports: Police, September 2009 C. Letter from Comcast regarding account billing d. Letter from AT&T concerning programming change 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:49 p.m. Respectfully submitted, ) 5 / Mary Ellen Kearney City Clerk 6 Burlingame City Council November 2, 2009 Approved Minutes