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HomeMy WebLinkAboutMin - CC - 2009.06.01 �. R CITY p N 11 / I BURLINGAME D9 A DF 4TED JVNE6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of June 1, 2009 STUDY SESSION: Council met with Labor Groups — AFSCME 829, AFSCME 2190, and BAMM regarding the City' s request for salary freeze. 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 regarding the following and advised that the Closed Session would continue after the City Council meeting. Conference with Labor negotiator pursuant to Government Code §54957.6(a): City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by John Root. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Nagel made a motion to approve the minutes of the May 18, 2009 regular Council meeting; seconded by Councilwoman O'Mahony. Vice Mayor Baylock made one correction, to remove Glenn Berkheimer's name from Closed Session, item b. The motion was approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS 1 Burlingame City Council June 1 , 2009 Approved Minutes a. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR A DESIGN REVIEW AMENDMENT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING ON PROPERTY AT 1140 CORTEZ AVENUE LOCATED WITHIN A SINGLE FAMILY RESIDENTIAL ZONE Councilman Deal recused himself from this agenda item. CDD Meeker reviewed the staff report and requested Council hold a public hearing on the appeal of the application for a design review amendment for changes to a previously approved first and second story addition to a single family dwelling at 1140 Cortez Avenue, 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 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 approving the application for Design Review Amendment for changes to a previously approved first and second story addition to a single family dwelling with conditions of approval as amended by the Planning Commission; or 2. grant the appeal, and modify the Planning Commission's decision by amending the conditions of approval; or 3. grant the appeal, and modify the Planning Commission's decision by providing direction to the project applicant regarding further changes to be made to the project; this action could include referring the project back to the Planning Commission for review of the changes. CDD Meeker stated that the property owner is appealing the Planning Commission's approval of the project, which included a condition requiring the applicant to either install the driveway for the project per the approved plans, or to submit an alternate driveway design to the Commission that meets its interests regarding reductions in the amount of impervious surface and aesthetic concerns; all other changes to the project were approved by the Commission. Mayor Keighran opened the public hearing. Michael Kaindl,project designer, 875 Mahler Road; Simon Jang,property owner of 1140 Cortez Avenue; Pat Giorni, 1445 Balboa; and Stephen Johnson, contractor of the project; all spoke. There were no further comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to deny the appeal; seconded by Councilwoman Nagel. The motion was approved by voice vote, 3-1-0 (Baylock dissented;Deal recused). b. PUBLIC HEARING ON FY 2009-2010 PROPOSED BUDGET AND CAPITAL PROGRAM FinDir Nava reviewed the staff report and requested Council hold a public hearing on the proposed Budget and Capital Program for Fiscal Year 2009-2010. Mayor Keighran opened the public hearing. There were no comments from the floor and the hearing was closed. 2 Burlingame City Council June 1,2009 Approved Minutes 6. PUBLIC COMMENTS Mayor Keighran opened the public comments The following citizens spoke: Pat Giorni, 1445 Balboa Avenue spoke about Items 7a, 7c, 8c and thanked Sutter Health for printing the bicycle maps. There were no further comments from the floor. 7. STAFF REPORTS AND COMMUNICATIONS a. BALLOT MEASURE TO CHANGE TO AN APPOINTED CITY CLERK CM Nantell reviewed the staff report and requested Council adopt Resolution No. 49-2009 making the office of the Burlingame City Clerk an appointive office. He stated that the only qualifications for an elected City Clerk are age and residency and in view of the increasing administrative and technical aspects of the City Clerk's duties, the shift to an appointed City Clerk is driven by the desire to have an individual with related experience. Councilwoman O'Mahony requested that the wording of the Resolution be changed to indicate that, if the measure passed, the appointed City Clerk position would be effective December 2, 2013. Council discussion followed concerning: the exact duties and differences of the elected and appointed City Clerk; who appoints the Deputy City Clerk; appointed City Clerk is not required to live in Burlingame; no budget ramifications by making an appointed position; having an appointed City Clerk the hiring process would be the same as for any department head; independence of the position is eliminated when it is no longer an elected position; it has worked fine for a 100 years so why change it. Councilwoman O'Mahony made a motion to adopt Resolution No. 49-2009; seconded by Councilman Deal. The motion was approved by voice vote,4-1 (Baylock dissented). b. APPOINTMENT OF SUBCOMMITTEE TO MEET WITH THE CIVIL SERVICE COMMISSION HRD Dolan reviewed the staff report and recommended that Council appoint an ad hoc subcommittee to meet with the Civil Service Commission to review the role and purpose of the Commission and consider its continuation. Mayor Keighran and Councilwoman O'Mahony were appointed as the subcommittee. c. RESOLUTION NO. 50-2009 APPOINTING A MEMBER REPRESENTATIVE AND ALTERNATES TO THE PENINSULA CITIES CONSORTIUM PERTAINING TO THE HIGH SPEED RAIL PROJECT DPW Murtuza reviewed the staff report and requested Council adopt Resolution No. 50-2009 approving and authorizing the Mayor to appoint a Burlingame representative and two alternates to the Peninsula Cities Consortium regarding the High Speed Rail Project. The role of the member representative and two alternates will be to represent the City's position on the high speed rail project and cast vote(s)whenever necessary in accordance with Council direction. 3 Burlingame City Council June 1,2009 Approved Minutes Council appointed Councilman Jerry Deal since he has already been involved with the project and has attended several meetings with the other Peninsula cities. Vice Mayor Baylock and Councilwoman Nagel both expressed a strong desire to serve as the alternate representative. A straw vote was taken; Councilwoman Nagel drew the longer straw and was appointed as the alternate representative. It was decided that a second alternate would be a staff member but would only attend the meetings in a crucial situation and provided there was adequate advance notice. Vice Mayor Baylock made a motion to approve Resolution No. 50-2009 appointing Councilman Deal as the member representative and Councilwoman Nagel as the alternate; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. 8. CONSENT CALENDAR Councilwoman Nagel requested that item 8c be pulled from the Consent Calendar for further discussion. Councilman Deal made a motion to approve Items 8a and 8b of the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. a. ADOPT RESOLUTION NO. 51-2009 REAFFIRMING MEMBERSHIP IN THE SAN MATEO COUNTY PRE-HOSPITAL EMERGENCY SERVICES GROUP FC Dorrell requested Council adopt Resolution No. 51-2009 reaffirming the City's membership in the San Mateo County pre-hospital emergency services medical group joint powers agency. b. ADOPT RESOLUTION NO. 52-2009 APPROVING AGREEMENT FOR EXCHANGE OF EMERGENCY MEDICAL RESCUE AND FIRE PROTECTION SERVICES AUTOMATIC �. AID AND FIRST RESPONSE FC Dorrell requested Council adopt Resolution No. 52-2009 approving agreement for exchange of emergency medical, rescue, and fire protection services automatic aid and first response C. ADOPT RESOLUTION NO. 53-2009 IN OPPOSITION TO STATE PROPERTY TAX RAID CM Nantell reviewed the staff report and requested Council adopt Resolution No. 53-2009 finding a severe fiscal hardship will exist if the State of California seizes additional City property tax funds and adopts additional unfunded mandates. Councilwoman Nagel advised the public that the state is trying to once again take money from the City's property taxes to balance the budget and urged residents to contact the local legislators expressing their opposition. Councilwoman Nagel made a motion to approve item 8c; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 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. 4 Burlingame City Council June 1,2009 Approved Minutes 10. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue thanked Roti Restaurant for the free ice cream during the Green Street Fair; the need for bicycle parking at the Burlingame Plaza;writing to legislators about the Broadway overpass and raiding the property taxes; the Joint Powers Board meeting on June 4, 2009 concerning Caltrain. There were no further comments. 11. OLD BUSINESS 12. NEW BUSINESS Councilman Deal spoke about the possible suspension of Caltrain service on the weekends; SBWMA; and request Planning Commission look at permeable pavers. Mayor Keighran and Councilwoman Nagel urged the public to attend the Caltrain meeting on June 4, 2009. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, April 21, 2009; Beautification, May 7, 2009; Planning,May 11 and May 26,2009 b. Letters from Comcast concerning programming adjustment and price increase for equipment and installation C. Letter from Astound concerning an increase in video service rates 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 8:58 p.m. to reconvene in Closed Session. Respectfully submitted, /S Mary Ellen Kearney City Clerk 5 Burlingame City Council June 1,2009 Approved Minutes