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BURLINGAME
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of May 4,2009
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 Karen Key.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock,Deal, Keighran,Nagel, O'Mahony
COUNCILMEMBERS ABSENT: None
4. MINUTES
Councilwoman O'Mahony made a motion to approve the minutes of the April 20, 2009 regular Council
meeting; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0.
5. PRESENTATION
a. NATIONAL POLLUTION DISCHARGE SYSTEM
Matthew Fabry, Program Coordinator, of the San Mateo Countywide Water Pollution Prevention Program
gave a presentation on the Municipal Regional Stormwater Permit.
6. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF BROADWAY AVENUE BUSINESS DISTRICT
ASSESSMENTS FOR FISCAL YEAR 2009-10
FinDir Nava reviewed the staff report and requested Council hold a public hearing and consider any protests
to the Broadway BID assessments and ask the City Clerk to report out any protests filed with the City; and if
protests do not represent 50% of the majority of the assessments, adopt Resolution No. 40 establishing 2009-
2010 assessments for the Broadway Area Business Improvement District and determining that no majority
protest has been made. City Clerk Kearney reported that no protests were received.
Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was
closed.
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Burlingame City Council May 4,2009
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Vice Mayor Baylock made a motion to approve Resolution No. 40 establishing the 2009-2010 assessments
for the Broadway Area Business Improvement District; seconded by Councilwoman O'Mahony. The 11..�
motion was approved unanimously by voice vote, 5-0.
7. PUBLIC COMMENTS
Mayor Keighran requested that individuals who wished to address the Council concerning high speed rail
would be able to do so after the report was presented.
The following citizens spoke: Mary Herman, 1547 Alturas Drive spoke about the possible closure of the
Easton Branch Library; James Counts, 1351 Rollins Road; Chindi Peavey, 1351 Rollins Road; spoke about
the storm drain measure and NPDES; Karen Key, 1499 Oak Grove spoke about the storm drain measure;
John Root, 728 Crossway Road spoke about the storm drain measure and the possible Easton Branch Library
closure; CM Nantell clarified the situation concerning the possible closure of the Easton Branch Library;
Nancy Dobson, 716 Burlingame Avenue and Pat Giorni, 1445 Balboa Avenue spoke about Item 8a; Stephen
Hamilton, 105 Crescent spoke about the possible closure of the Easton Branch Library and the City's
financial situation; Don Cory, 833 Alpine spoke about the storm drain measure. There were no further
comments from the floor.
S. STAFF REPORTS AND COMMUNICATIONS
a. INTRODUCE ORDINANCE FOR AMENDMENT TO TITLE 25 OF THE BURLINGAME
MUNICIPAL CODE (ZONING ORDINANCE) TO ALLOW UP TO FIVE ADDITIONAL
FOOD ESTABLISHMENTS IN CERTAIN PORTIONS OF SUBAREA A OF THE
BURLINGAME AVENUE COMMERCIAL AREA, TO ADD A DEFINITION FOR"READY-
TO-EAT FOOD SHOP",AND TO CLARIFY THE PARKING REQUIREMENTS FOR
SINGLE FAMILY DWELLINGS
CDD Meeker reviewed the staff report and requested Council review and introduce the proposed Ordinance
to allow five additional food establishments, create a definition for"ready-to-eat food shops", and clarify the
parking requirements for single family dwellings, waive further reading of the Ordinance; and direct the City
Clerk to publish a summary of the Ordinance at least five days prior to proposed adoption.
CDD Meeker further stated that the Planning Commission suggested that the maximum floor area for"ready-
to-eat" food shops should be limited to 1,000 square feet. The Commission also agreed that the opportunity
for the additional food establishments should be extended to include properties within Subarea A on
Primrose Road, between Burlingame Avenue and Chapin Avenue. CDD Meeker also stated that during a
recent code clean up of various sections of the Municipal Code is what prompted the need to clarify the
parking requirements of one covered parking for homes with four bedrooms or less; and two covered parking
spaces for homes with five or more bedrooms; the recent amendments created an inconsistency between the
City's residential design guidelines and the zoning regulations relative to parking. There is a need to restore
consistency between the guidelines and the code.
Council discussion followed concerning the number of restaurants that exist today compared to 1999;
parking for the restaurants; location of new food establishments on side streets and not on Burlingame
Avenue; the desire to extend the downtown area to Howard Avenue, a concern being that there are already
enough restaurants on side streets; and concern over the single family dwelling parking spaces being
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Burlingame City Council May 4,2009
Approved Minutes
included in this ordinance. CDD Meeker provided guidance and stated that concerns regarding the
residential parking standard could be addressed in the future through further study with the Planning
Commission. He encouraged the Council to adopt the standard before them to restore consistency between
the design guidelines and the code while further analysis occurs.
Mayor Keighran asked CC Kearney to read the title of the proposed ordinance. Councilwoman O'Mahony
made a motion to waive further reading of the ordinance; seconded by Vice Mayor Baylock. The motion was
approved by voice vote, 4-1 (Deal dissented).
Vice Mayor Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman
Nagel. The motion was approved by voice vote, 4-1 (Deal dissented). Mayor Keighran directed CC Kearney
to publish a summary of the ordinance. Mayor Keighran directed CC Kearney to publish a summary of the
proposed ordinance at least five days before adoption.
b. HIGH SPEED RAIL PROJECT UPDATE
DPW Murtuza addressed the Council and introduced Dominic Spaethling,Regional Manager, High Speed
Rail; Timothy Cobb, Project Manager, California High Speed Rail; Kim Levy, Caltrain; Seamus Murphy,
Caltrain& Samtrans; and Mike Garvey, Public Relations for the High Speed Rail project.
DPW Murtuza provided background information on the project and updated the Council on what has taken
place to date.
The representatives from High Speed Rail gave a presentation to the Council and received their questions
and concerns.
Mayor Keighran opened the meeting to the public and the following citizens spoke: Rob Huffinan, 1209
Oak Grove; Jonathan Roth, 1210 Bellevue;Pat Giorni, 1445 Balboa; Betsy McGinn, 1112 Palm;Russ
Cohen, 605 Lexington; Karen Perry, 1521 California; Jenny Lau, 816 Howard; Jennifer Pfaff, 615
Bayswater; Alex Schubert, 1105 Grove; Xavier Minakawa, 712 Linden; Jim Baliex, 831 Edgehill; John
Beetem, 1209 Oak Grove; Burlingame resident Laurie Simonson; Thomas Paine, 728 Concord Way; John
Root, 728 Crossway; Susan Castner-Paine, 728 Concord Way; Charles Voltz, 725 Vernon Way; Don Cory,
833 Alpine. There were no further comments from the floor.
At the request of DPW Murtuza, Dominic Spaethling of the High Speed Rail team advised the Council that
they would come back with further presentations and progress updates.
Mayor Keighran concluded the discussion and reminded the public that the Burlingame website contains
information about High Speed Rail and encouraged residents to sign up for updates through the City's list
serve.
C. MEMBERSHIP IN THE HIGH SPEED RAIL CONSORTIUM
CM Nantell reviewed the staff report and stated that based on discussions with City officials from San Mateo
and Millbrae, and the attendance of Councilman Deal at meetings with south San Mateo County, it is
recommended that the public input be processed through the Council and staff to ensure that they shape the
assumptions for the community and be the official spokespeople for their communities. It was also
recommended that, whenever possible,public meetings should include information relative to the needs and
interest of adjacent cities, to reinforce the need for each city to address the needs of their neighboring cities.
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Mayor Keighran opened the meeting to the public and the following spoke in favor of joining the High
Speed Rail Consortium: Jerry Carlson,Mayor, Town of Atherton; Susan Castner-Paine, 728 Concord Way;
Thomas Paine, 728 Concord Way; Charles Voltz, 725 Vernon Way; Russ Cohen, 605 Lexington. There werc,�
no further comments from the floor.
Council discussion followed and each expressed their support or concerns about the High Speed Rail
Memorandum of Understanding.
Vice Mayor Baylock made a motion to join the High Speed Rail Consortium; seconded by Councilman Deal.
The motion was approved by voice vote, 4-1 (O'Mahony dissented).
9. CONSENT CALENDAR
a. ADOPT RESOLUTION NO. 41 DEDICATING THE SEWER USER FEES FOR
REPAYMENT OF STATE REVOLVING FUND (SRF) LOAN FOR CONSTRUCTION OF
THE STORM WATER RETENTION BASIN AT THE WASTEWATER TREATMENT
PLANT (WWTP)
DPW Murtuza requested Council adopt Resolution No. 41 establishing a dedicated source of revenue for
repayment of the State Revolving Fund Financing Agreement for the planning, design and construction of an
influent storm water retention basin at the Wastewater Treatment Plant.
b. APPROVAL OF BURLINGAME CHAMBER OF COMMERCE REQUEST RELATIVE TO
THE 2009 ART & JAZZ FESTIVAL
CM Nantell requested Council approve the Burlingame Chamber of Commerce request for the Burlingame
Art & Jazz Festival on August 8 & 9, 2009.
Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilwoman
Nagel. 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
Charles Voltz, 725 Vernon Way spoke about the Family Fun Bike Rides and Item 8a. There were no further
comments from the floor.
12. OLD BUSINESS
Council discussion included Walk of Fame eligibility; a representative for the Utility and Sustainability Task
Force Group; Coastal Commission nominations; City's Cupola
CLOSED SESSION:
CA Guinan advised that Council met in closed session and directed staff regarding the following:
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Burlingame City Council May 4,2009
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a. Conference with Labor negotiator pursuant to Government Code §54957.6(a):
City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer(IEDA)
Employee Organizations: AFSCME 829,AFSCME 2190, BAMM, Fire Administration, IAFF
2400, Police Administrators,Police Officers Association, Teamsters Local 856, and Department
Head/Unrepresented
13. NEW BUSINESS
14. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, April 27, 2009
c. Letter from Comcast concerning international programming change
d. Newsletter from International City Managers Association (ICMA)
15. ADJOURNMENT
Mayor Keighran adjourned the meeting at 11:33 p.m. in memory of Barbara Lowrie, Elizabeth Nugent and
Myrtle Potter.
Respectfully submitted,
Mary Ellen Kearney
City Clerk
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Burlingame City Council May 4,2009
Approved Minutes