Loading...
HomeMy WebLinkAboutMin - CC - 2009.03.16 CITY 0 BURLINGAME itico9q. . `doe �HATEU JUNE 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of March 16, 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 Denis O'Brien. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: Deal (arrived at 7:54 p.m.) CLOSED SESSION: CA Guinan advised that Council met in closed session and directed staff regarding the following: a. Existing Litigation, Government Code Section 54956.9(a), McDonald v. City of Burlingame 4. MINUTES Vice Mayor Baylock made a motion to approve the minutes of the March 2, 2009 regular Council meeting; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 4-0-1 (Deal absent). 5. PRESENTATIONS Mayor Keighran welcomed Lord Mayor Virginia O'Dowd from the town of Nenagh, County Tipperary, Ireland. Lord Mayor O'Dowd spoke about the economic situation in Ireland at this time. Mayor Keighran presented Lord Mayor O'Dowd with a Proclamation from the City and a Burlingame Centennial book. 6. PUBLIC HEARINGS a. PROPOSITION 218 PUBLIC HEARING AND ADOPTION OF RESOLUTION INCREASING THE 2009 SOLID WASTE RATES BY EIGHT PERCENT (8%) 1 Burlingame City Council March 16, 2009 Approved Minutes FinDir Nava requested Council hold a public hearing and adopt Resolution No. 20-2009 approving and authorizing Allied Waste Services to increase rates for refuse collection and recycling services and determine that no majority protest has been made. FinDir Nava reviewed the staff report and reported that a notice was sent out to all Allied Waste customers informing them of the proposed 8% increase for residential and commercial accounts. The notice directed customers who wished to file a written protest to send a signed letter to the City Clerk indicating the street address of the property. All protests must be received by the time of the Public Hearing on March 16, 2009. Mayor Keighran opened the public hearing. James Gibney, 1473 Alvarado Avenue spoke and asked if there were any increased benefits to justify the rate increase. Mayor Keighran referred the speaker to FinDir Nava for clarification. FinDir Nava stated that the need for the increase was based on the terms of the existing franchise agreement between the City of Burlingame and Allied Waste Industries and the increase in the contractor's costs results in a rate impact of 3.3%. In addition, in January 2009, the South Bay Waste Management Board(SBWMA) approved a 14.3% increase in tipping fees that is charges Allied Waste for use of the Shoreway waste transfer and recycling facility. The solid waste rate impact of the 14.3% increase in tipping fees is 3.7%. There is also a 1.0% increase by the City to continue to recover its costs of administering the City's solid waste franchise and the SBWMA joint powers agreement. The 3.3% increase, the 3.7% increase and the 1.0% increase results in the 8% increase to the customers. FinDir said in terms of benefits derived from this increase, it is maintenance cost increase and not additional services provided. Council discussion followed and City Clerk Kearney reported that 7 protests against the rate increase had been received. Councilwoman O'Mahony made a motion to approve Resolution No. 20-2009 authorizing Allied Waste Services to increase rates for refuse and recycling collection services by 8% for 2009; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 4-0-1, Deal absent. b. REVIEW AND COMMENT ON THE DRAFT 2009-2014 HOUSING ELEMENT UPDATE— RECOMMENDATION TO SUBMIT TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND CERTIFICATION Planning Manager Maureen Brooks introduced Julie Moloney and Jeff Bradley from Metropolitan Planning Group, the Consulting firm that assisted in the preparation of the draft housing element update. PM Brooks reminded the Council that the housing element update is required by the State every five years and the summer of 2009 is the deadline for this region. PM Brooks gave a presentation and reviewed the draft housing element document that addresses affordability, design, density and location. PM Brooks reported that two workshops had taken place to assess the housing needs in Burlingame and advised that the report was reviewed by the Planning Commission and their comments and changes were incorporated in the report. The draft housing element will be sent to the State of California Department of Housing and Community Development for their review and compliance with state law. When their review is complete, the report will be brought back to the Council for final adoption. PM Brooks stated that the housing needs allocation for Burlingame is 650 units,broken down between very low, low,moderate and above moderate income levels. To address the housing need, all cities are charged 2 Burlingame City Council March 16,2009 Approved Minutes with lowering barriers and encouraging the construction of housing for all economic segments of the population. Council discussion followed. Council Members noted a correction should be made on page 38,there are seven creeks in Burlingame, and noted that the Planning fees had been increased to reflect full cost recovery to the extent feasible. Councilman Deal arrived at 7:54 p.m. Mayor Keighran opened the public hearing. Mary Watt, Executive Director of Call Primrose Center, 139 Primrose Road, spoke on the Center's presence and service to the residents of Burlingame for the past twenty years. She also clarified that 139 Primrose Road is not a single-story office building, as stated in the housing element document,but rather a two-story mixed use building. She stated that Call Primrose is vital to the community and requested that it be removed from the draft housing element document. Beth Horwitz, Shelter Network, 1450 Chapin Avenue, spoke in support of the housing element document. Dion Heffran, 1134 Douglas Avenue, expressed disappointment that fossil fuel conservation was not identified in the report. Pat Giorni, 1445 Balboa Avenue, spoke on providing low cost housing to accommodate handicap residents. There were no further comments from the floor, and the hearing was closed. CDD Meeker said the fossil fuel conservation is already incorporated into implementing green building practices. He also said the building code addresses a certain level of ADA accessibility and will pursue that with the building official. Council requested that CDD Meeker prepare a letter to Call Primrose clarifying the housing element purpose and address their questions. Council invited the public to a Town Hall meeting devoted to the climate action plan on March 28, 2009 at 10:00 a.m.at the Recreation Center. Councilwoman O'Mahony made motion to submit the draft housing element plan to the State with revisions to reflect Council comments; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. C. AMENDMENT TO CONDITION OF APPROVAL NUMBER 1 (A) REGARDING WINDOW OPENINGS FOR A PREVIOUSLY APPROVED COMMERCIAL DESIGN REVIEW APPLICATION FOR A NEW 13,765 SQUARE FOOT RETAIL BUSINESS (WALGREENS) AND ACCEPTANCE OF FYI ITEMS RELATED TO WINDOW DESIGN AND SITE DESIGN, ON PROPERTY SITUATED AT 260 EL CAMINO REAL CA Guinan reported the Councilwoman O'Mahony had recused herself from this item due to a conflict of interest. CDD Meeker requested Council hold a public hearing on the request for an amendment to condition of approval 1(a) regarding window openings for the previously approved Conditional Design Review application for a new 13,765 square foot retail building(Walgreens)to be located at 260 El Camino Real. The Council was also asked to consider acceptance of FYI items related to window design and site design. The Council considered revisions to the project plans showing the final design of the windows (specifically, window openings) along Burlingame Avenue and El Camino Real; the location of two (2)pedestrian benches at the corner of Burlingame Avenue and El Camino Real; and other minor design changes as outlined in the project architect's February 25, 2009 letter. Additionally, the applicant requested one minor revision to the plan to provide a six-foot, four-inch wide window opening at the westernmost window facing Burlingame Avenue, rather than the minimum eight-foot width required by Condition 1(a) of the conditions of approval. 3 Burlingame City Council March 16,2009 Approved Minutes Mayor Keighran opened the public hearing. Michael Nilmeyer, Applicant of the project addressed the Council and outlined the revisions to the approved plan. Council comments included: window heights; placement of the benches; no neon signs on the building; advertising on Walgreens windows; Burlingame Avenue window panels reflect historical signs; community display board be maintained. Pat Giorni, 1445 Balboa Avenue, spoke about the project. There were no further comments from the floor, and the hearing was closed. Councilwoman Nagel made a motion to approve Resolution No. 21-2009 amending the January 20, 2009 conditions of approval for project entitlements related to a new retail building (Walgreens) to be located at 260 El Camino Real with the following conditions: if feasible, a second bench be located on the Burlingame Avenue side of the store; three community displays and the area around the displays be well maintained by the store; and the two display windows left of the photo lab contain historical photos of the City; seconded by Councilman Deal. The motion was approved 4-0-1 (O'Mahony recused). Councilwoman O'Mahony returned to the dais. 7. PUBLIC COMMENTS Neal Kaufman, 216 Bloomfield Avenue; John Root, 728 Crossway Road; Pat Giorni, 1445 Balboa Avenue all spoke in support of the storm drain measure. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE 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 stated that the proposed amendment to the Municipal Code would permit the Community Development Director to grant exceptions to the requirement to concurrently grant demolition permits with building permits for a new non-residential project, based upon demonstration by the applicant that special circumstances exist to warrant early demolition, as well a commitment to submit the new project for issuance of a building permit within a specified time period following issuance of a demolition permit. If introduced on March 16, 2009, a public hearing on the proposed amendment may be scheduled for April 6, 2009 at which time the amendment could be adopted. The amendment would then become effective on May 6, 2009. The Planning Commission will review the amendment at their next scheduled meeting and any comments from them will be transmitted in advance of the April 6, 2009 public hearing. Council comments included applicability of the amendment to mixed use projects, special circumstances situations,penalties imposed for non-compliance, and maintenance of a demolished site,building permit time frames. Councilwoman O'Mahony made a motion to introduce the proposed ordinance amending Chapter 18.07.065 to add subsection(C) to allow issuance of a demolition permit apart from issuance of a demolition permit apart from issuance of a building permit for certain projects under specified circumstances with the changes �. suggested by the Community Development Director. Mayor Keighran requested CC Kearney read the title of 4 Burlingame City Council March 16,2009 Approved Minutes the proposed ordinance; Vice Mayor Baylock made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Councilwoman O'Mahony repeated her motion introducing the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney schedule the adoption of the proposed ordinance at a public hearing on April 6, 2009. 9. CONSENT CALENDAR CA Guinan requested 9b be pulled for further clarification. Councilwoman O'Mahony made a motion to approve Items 9a, 9c and 9d of the Consent Calendar; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. CA Guinan noted one change on page 2 of the staff report, under C. 3, line 3, remove the words "ballot or". Councilwoman O'Mahony made a motion to approve item 9b, with the noted change; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. ADOPT RESOLUTION AWARDING STREET RESURFACING PROGRAM 2009 TO PAVEX CONSTRUCTION DPW Murtuza requested Council approve Resolution No. 22-2009 awarding construction contract for street resurfacing program 2009 to Pavex Construction. b. ADOPT RESOLUTION UPDATING ELECTION PROCEDURES FOR STORM DRAIN FEE MEASURE CA Guinan requested Council approve Resolution No. 23-2009 adopting updated procedures for the conduct of the storm drain measure election. C. APPROVE OUT OF STATE TRAVEL FOR CITY LIBRARIAN AND YOUNG ADULT AND TEEN LIBRARIAN TO ATTEND 2009 AMERICAN LIBRARY CONFERENCE IN CHICAGO,ILLINOIS CL Escoffier requested Council approve out of state travel for two Librarians to attend the 2009 American Library Association Conference in Chicago, Illinois, July 9-15, 2009. d. APPROVE WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants#38081-38559 duly audited, in the amount of $3,649,702.88; Payroll checks No. 173680— 173857 in the amount of$2,872,073.94 for the month of February 2009. 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. 5 Burlingame City Council March 16,2009 Approved Minutes 11. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Drive spoke about asking Caltrain to make a presentation to Burlingame as they did in San Mateo; she also spoke about the upcoming joint City Council/Planning Commission on Saturday, March 21, 2009. There were no further comments from the floor. 12. OLD BUSINESS Vice Mayor Baylock discussed the high speed rail project and the actions of other cities concerning the project. Councilwoman O'Mahony requested removal of the Christmas banners downtown. CM Nantell the banners will be removed in the next few weeks. She also mentioned water from a construction site running down the street on Margarita; and she spoke in favor of the storm drain measure. DPW Murtuza gave a brief update about the high speed rail project. 13. NEW BUSINESS Councilwoman Nagel spoke about San Mateo County Board of Supervisors, members of Congress and the President's support of the Free Choice Act. She also spoke about painting the cupola in the Blockbuster parking lot. CM Nantell advised the Council on the number of applicants for the Planning Commission and Traffic, Safety&Parking Commission vacancies. 14. ACKNOWLEDGMENTS a. Commission Minutes: Parks &Recreation, February 19, 2009; Planning, February 23, 2009 b. Department Reports: Police, January 2009; Finance, February 2009; Building, February 2009 c. Staff Report from City Librarian outlining operational changes at the Library d. Letter from Comcast concerning programming adjustments 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 10:12 p.m. Respectfully submitted, /S/ Mary Ellen Kearney City Clerk 6 Burlingame City Council March 16,2009 Approved Minutes