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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of April 6, 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 Pat Giorni.
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 March 16, 2009 regular Council
meeting, with one correction noting the arrival time of Councilman Deal under roll call; seconded by Vice
Mayor Baylock. Councilwoman O'Mahony made a motion to approve the minutes of the joint City
Council/Planning Commission meeting of March 21 , 2009 meeting; seconded by Vice Mayor Baylock. The
motion was approved unanimously by voice vote, 5-0.
5. PUBLIC HEARINGS
a. RESOLUTION OF INTENTION TO LEVY BROADWAY AVENUE BUSINESS DISTRICT
ASSESSMENTS FOR FISCAL YEAR 2009-10 AND SET PUBLIC HEARING FOR MAY 4,
2009
FinDir Nava reviewed the staff report and requested Council hold a public hearing and accept the annual
report; adopt Resolution No. 24 approving the 2008-2009 Broadway Area Business Improvement District
annual report and declaring the intention to establish 2009-2010 assessments for the Broadway Area
Business Improvement District; and set a public hearing for Monday, May 4, 2009.
Mayor Keighran opened the public hearing. . There were no comments from the floor, and the hearing was
closed
Vice Mayor Baylock made a motion to approve Resolution No. 24 approving the 2008-2009 Broadway Area
Business Improvement District annual report and declaring the intention to establish 2009-2010 assessments
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for the Broadway Area Business Improvement District; 2009 ; seconded by Councilwoman Nagel. The
motion was approved unanimously by voice vote, 5-0.
b. ADOPT ORDINANCE NO. 1837 AMENDING TITLE 18 (BUILDING CONSTRUCTION) OF
THE MUNICIPAL CODE, AMENDING SECTION 18.07.065 TO ADD SUBSECTION (C) TO
ALLOW ISSUANCE OF A DEMOLITION PERMIT APART FROM ISSUANCE
OF A BUILDING PERMIT FOR CERTAIN PROJECTS UNDER SPECIFIED
CIRCUMSTANCES
CDD Meeker reviewed the staff report and requested Council hold a public hearing to adopt Ordinance No.
1737 amending Section 18.07 of the Burlingame municipal code to allow the Community Development
Director to grant exceptions to the requirement to concurrently grant demolition permits with building
permits for new non-residential project, based upon demonstration by the applicant that special
circumstances exist to warrant early demolition, as well as a commitment to submit the new project for
issuance of a building permit within a specified time period following issuance of a demolition permit. This
amendment would add subsection "c" as an exception category that the property owner produces evidence
that special circumstances exist to warrant early demolition; and produces evidence that plans are prepared or
are being prepared for the project and the plans will be submitted to the building department within 90 days
of obtaining a demolition permit. Based on direction from Council when the ordinance was introduced, .
language was added that if the property owner fails to obtain a building permit, within 60 days of submitting
a building permit, the property owner will have 30 days to remove all debris from the site, secure the site and
install landscaping. Additionally, the building official is authorized to require the property owner to ensure
safety, security and cleanliness of the site during demolition. Council agreed to review the Ordinance again
in one year.
Mayor Keighran opened the public hearing. Pat Giorni, 1445 Balboa Avenue spoke on the item. There were
no further comments from the floor, and the hearing was closed.
Mayor Keighran asked CC Kearney to read the title of the ordinance. Councilwoman O'Mahony made a
motion to waive further reading of the ordinance; seconded by Councilman Deal. The motion was approved
unanimously by voice vote, 5 — 0.
Councilwoman Nagel made a motion to approve adoption of Ordinance No. 1837 amending Section
18.07.065 of the municipal code; seconded by Councilwoman O'Mahony. The motion was approved
unanimously by voice vote, 5-0. Mayor Keighran directed CC Kearney to publish a summary of the
ordinance within 15 days of adoption.
6. PUBLIC COMMENTS
Kevin Osborne, 208 Stanley Road spoke in favor of the storm drain measure and spoke about
protectburlingame.org; Pat Giorni, 1445 Balboa Avenue spoke in favor of the storm drain measure, the
Chambers handicapped door and the Transportation Authority footprint; Stephen Hamilton, 105 Crescent
spoke on the high speed rail project; Art Labrie, 2839 Adeline Drive requested information concerning
appeal procedures. There were no further comments from the floor.
7. STAFF REPORTS AND COMMUNICATIONS
a. GENERAL PLAN AMENDMENT AND ZONE CHANGE CREATING THE OPPORTUNITY
FOR MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT ON PROPERTIES
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SITUATED AT 1008-1028 CAROLAN AVENUE AND 1007-1025 ROLLINS ROAD:
(i) ADOPT A RESOLUTION NO. 25 APPROVING AN AMENDMENT TO THE TEXT OF
THE LAND USE SECTION OF THE GENERAL PLAN TO ADD A DESCRIPTION OF THE
CAROLAN/ROLLINS ROAD COMMERCIAL AREA AND TO ADD MULTIPLE FAMILY
RESIDENTIAL DEVELOPMENT AS AN ALTERNATIVE LAND USE WITHIN THE
AREA ; AND
(ii) INTRODUCTION OF AN ORDINANCE AMENDING TITLE 25 OF THE
MUNICIPAL CODE TO ADD AN R-4 OVERLAY FOR CERTAIN C-2 ZONED
PROPERTIES IN THE CAROLAN/ROLLINS ROAD COMMERCIAL AREA TO ALLOW
MULTIPLE FAMILY RESIDENTIAL USES AS A CONDITIONAL USE
CDD Meeker reviewed the staff report and requested Council adopt Resolution No. 25 to amend the land use
element of the general plan, and review the proposed ordinance to amend the Zoning Ordinance to add an R-
4 overlay for certain properties in the C-2 zone district to allow multi-family residential uses as a conditional
use.
CDD Meeker further stated that in 2006 a new law went into effect that requires any housing site identified
in the last housing cycle must have its zoning in place so that it is readily available during the current
planning cycle. The deadline for complying with this new law is June 30, 2009.
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 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 directed CC Kearney to
publish a summary of the ordinance.
b. FINANCIAL STATUS UPDATE
CM Nantell reviewed the staff report and discussed the City's current financial condition, recommended
budget reductions, and potential ramifications of an unsuccessful storm drain ballot measures. At the
February Budget Session staff presented $3.2 million in budget reductions to balance the operating budget
for the next fiscal year. Due to an additional decline in revenue, there is a need to reduce an additional
$500,000 in operating expenses to achieve a balanced operating 2009-2010 budget. He discussed the need
for the community to be aware of the additional budget reductions that may be necessary.
Council discussion followed and it was agreed that staff should take steps to get more information out to the
public regarding the types of reductions that may be necessary to implement. Staff was directed to distribute
more information through the city's e-news letter.
C. CONSIDER TWO APPOINTMENTS TO THE PLANNING COMMISSION
Council discussed the various attributes of all commission candidates. Each Councilmember voted for two
applicants to fill the two vacancies to a four year term, ending in April 2013. Mayor Keighran called for a
vote to reappoint Incumbent Tim Auran. The motion was approved unanimously by voice vote, 5-0. Mayor
Keighran called for a vote to reappoint Incumbent David Cauchi. Council voted 4-0-1 (Nagel voted no) to
reappoint and David Cauchi.
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d. CONSIDER APPOINTMENT TO THE TRAFFIC, SAFETY & PARKING COMMISSION
There was only one applicant to fill Dan Conway's unexpired term to November 6, 2010. Council discussed
the various attributes of the commission candidate, Caroline Serrato. Councilwoman Nagel made a motion
to appoint Caroline Serrato to fill the vacancy ; seconded by Councilwoman O'Mahony. The motion was
approved unanimously by voice vote, 5-0.
8. CONSENT CALENDAR
Councilwoman O'Mahony requested Item 8i be pulled from the Consent Calendar for further discussion.
Vice Mayor Baylock requested Items 8a & 8b be pulled for further discussion. Councilwoman Nagel
requested Item 8h be pulled for further discussion.
Councilwoman O'Mahony made a motion to approve Items 8c, d, e, f, and g; seconded by Vice Mayor
Baylock. The motion was approved unanimously by voice vote, 5-0.
a. RECOMMENDATION TO ADOPT THE PENINSULA PARTNERSHIP LEADERSHIP
COUNCIL'S BILL OF RIGHTS FOR THE YOUTH OF SAN MATEO COUNTY
Vice Mayor Baylock expressed concern that with the reductions to certain programs that could be
forthcoming, we should not mislead the community that the City would be in a position to enlarge any youth
programs.
^ CM Nantell responded that the Youth Advisory Committee was quite aware of the City's financial position
and the intent was to endorse and approve the Bill of Rights, but not establish a commission or expand any
programs.
Vice Mayor Baylock made a motion to endorse the Children's Bill or Rights; seconded by Councilman Deal.
The motion was approved unanimously by voice vote, 5-0.
b. ADOPT RESOLUTION AUTHORIZING ADJUSTMENT INCREASE IN PARKING FINES
AND INCREASING COMMONLY USED VEHICLE CODE PARKING FINES TO MATCH
THE MUNICIPAL CODE PARKING FINES
COP Van Etten requested Council adopt Resolution No. 26-2009 adjusting fines for Municipal Code and
State Vehicle Code parking fines.
Mayor Keighran requested COP Van Etten clarify the need for the increase. COP Van Etten stated that the
increase was due to a State of California surcharge fee of $4.50 to parking citations in all cities.
Councilwoman O'Mahony made a motion to approve Item 8b; seconded by Councilwoman Nagel. The
motion was approved unanimously by voice vote, 5-0.
C. ADOPT A RESOLUTION APPROVING A JOINT POWERS AGREEMENT
ESTABLISHING THE SAN MATEO COUNTY PRE- HOSPITAL EMERGENCY
-� MEDICAL SERVICES GROUP AS REVISED AT THE FEBRUARY 9, 2009 ALS/JPA
MEETING
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FC Dornell requested Council adopt Resolution No. 27-2009 authorizing the Mayor to execute a revised
Joint Powers Agreement for the San Mateo County Pre-Hospital Emergency Services Providers Group.
d. ADOPT A RESOLUTION TO AMEND LANGUAGE IN THE JOINT POWERS
AGREEMENT ESTABLISHING THE CENTRAL COUNTY FIRE DEPARTMENT TO
CLARIFY THE DISBURSEMENT OF REVENUES
FC Dornell requested that Council adopt Resolution No. 28 authorizing the Mayor to execute an amendment
to Central County Fire Department Joint Powers Agreement to clarify the disbursement of revenues.
e. APPROVE TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION OF LOTS
8 AND NORTHERLY HALF OF LOT 9, BLOCK 60, EASTON ADDITION NO. 7
SUBDIVISION, 1365 COLUMBUS AVENUE
DPW Murtuza requested Council approve the tentative and.final parcel map for lot combination of Lots
8 and northerly half of Lot 9, block 60, Easton Addition no. 7 Subdivision, 1365 Columbus Avenue.
L APPROVE TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION OF A
PORTION OF LOTS 24, 25, 26, 27 AND 28, BLOCK 6, MILLSDALE INDUSTRIAL PARK
NO. 3 SUBDIVISION, 1625-1633 ADRIAN ROAD
DPW Murtuza requested Council approve tentative and final parcel map for lot combination of a
portion of Lots 24, 25, 26, 27 and 28, Block 6, Millsdale Industrial Park No. 3 Subdivision, 1625-1633
Adrian Road.
g. RESOLUTION ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO
BE HELD NOVEMBER 3, 2009
CC Kearney requested Council approve Resolution No. 29 ordering and calling a general municipal election
to be held in the City of Burlingame on November 3, 2009; requesting the services of the Registrar of Voters,
requesting consolidation of elections, and specifying certain procedures for the consolidated election;
requiring payment of prorated costs of candidates' statement; and providing for giving notice of election.
h. ENVIRONMENTAL PURCHASING POLICY
CM Nantell requested that Council concur with the recommendation of the Green Ribbon Task Force and
adopt the Environmental Purchasing Policy.
Councilwoman Nagel and Vice Mayor Baylock both commented that the City staff should be aware of
purchasing environmental preferable products.
Vice Mayor Baylock made a motion to approve Item 9h; seconded by Councilwoman Nagel. The motion
was approved unanimously by voice vote, 5-0.
i. ADOPT A RESOLUTION APPROVING A CONTRACT WITH THE CITY OF
BURLINGAME FOR PARKS AND RECREATION DIRECTOR SERVICES
CM Nantell requested Council adopt Resolution No. 30 approving and authorizing the Mayor to execute and
agreement with the City of Brisbane for the services of a Director of Parks and Recreation.
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Councilwoman O'Mahony requested further clarification on the $200,000 annual savings for this position.
^ CM Nantell explained that the position would reduce the Parks and Recreation Director position to 50% and
Superintendent of Parks to .60%.
Councilwoman O'Mahony made a motion to approve Item 9i; seconded by Councilman Deal. 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.
10. PUBLIC COMMENTS
Neal Kaufinan, 216 Bloomfield Road spoke in support of the storm drain measure; Stephen Hamilton, 105
Crescent Avenue spoke about the Burlingame Library Foundation book sale and the upcoming Authors
Luncheon. Pat Giorni, 1445 Balboa Avenue spoke on several items. There were no further comments from
the floor.
11. OLD BUSINESS
Vice Mayor Baylock and Councilwoman Nagel mentioned there was information about the high speed rail
project on the website.
—� 12. NEW BUSINESS
Council discussed the high speed rail memorandum of understanding.
Council set April 20, 2009, as the hearing date for the Planning Commission appeal for 2843 Adeline Drive.
13. ACKNOWLEDGMENTS
a. Commission Minutes: Civil Service, January 20, 2009; Library, February 17, 2009; Beautification,
March 5, 2009; Planning, March 9 & March 23, 2009
b. Department Reports: Police, February 2009
c. Letters from Comcast concerning programming adjustments
d. Fetter from Astound concerning price adjustments
14. ADJOURNMENT
Mayor Keighran adjourned the meeting at 1.0: 15 p.m. in memory of Isabel Ormes.
Respectfully submitted,
Mary Ellen Kearney
City Clerk
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