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Home My WebLink AboutMin - CC - 2009.01.20 CITY C BYWMPAME y m 'cog qo �Nwi[n �uwe 6. BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of January 20, 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 Ross Bruce. 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 January 5, 2009 regular Council meeting; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATION Cheryl Fama, Chief Executive Officer, Peninsula Health Care District gave a presentation on the background of the District from its inception as Peninsula Hospital District in 1947 to present. She thanked the Council for the opportunity to speak to them and answered questions from the Council Members. 6. PUBLIC HEARING a. PUBLIC HEARING ON STORM DRAIN FEE PROTESTS (1) RESOLUTION CERTIFYING THE ENGINEER'S REPORT; (2) ADOPT RESOLUTION CALLING FOR A MAIL-IN ELECTION FOR STORM DRAIN FEE AND; (3) ADOPT ORDINANCE TO ADMINISTER THE FEE Special Counsel Abrams addressed the Council and reported that in early December 8,642 notices were mailed properties impacted by the storm drain fee. In response to that mailing there were 135 written protests received (approximately 1 .5% of the notices sent) which is considerably less than the 50 percent required by law to terminate further proceedings. He categorized the reasons for the protests, ranging from poor economy, an increase in fees for water and sewer, individuals living on a fixed income, and calculation of the fee. 1 Burlingame City Council January 20, 2009 Approved Minutes DPW Murtuza gave a presentation outlining the storm drainage fee benefits and stressed the urgent need for improvements to the storm drain system. He included a review of the basis for the fee, the manner of .-., calculating the fee, the proportional spread of the fee, and the amount required to fund the proposed projects. He also highlighted the fact that the fee will sunset in 30 years and the property owners can appeal the fee if they feel there is a discrepancy in the calculations and senior citizens would be able to defer the fee based on State criteria. He requested Council hold a public hearing and receive protests to: 1 . Adopt Resolution No. 3-2009 certifying the Engineer's report and make findings on storm drainage fee. 2. Adopt Resolution No. 4-2009 calling a Mail Ballot Election for May 5, 2009 for the submittal of a proposed annual storm drainage fee and adopting procedures for the conduct of the Election. 3. Adopt Ordinance No. 1836 adding Chapter 4.30 to the Burlingame Municipal Code to administer a storm drainage fee. Mayor Keighran opened the public hearing and the following citizens spoke: Ross Bruce, 500 Almer Road; Victor Subbotin, 2519 Hale Drive; John Root, 728 Crossway Road; Ronald Durkee, 1353 Columbus Avenue; Eric Kahn, 1837 Castenado Drive; Rudy Horak, 1332 Edgehill Drive; Nick Panayotou, 1428 Alvarado Avenue; Ron Karp, 1209 Burlingame Avenue; Karen Key, 1499 Oak Grove Drive; John Ward, 792 Willborough Place; Dan Lucier, 828 Laurel Avenue; Kevin Osborne, 208 Stanley Road; Neal Kaufman, 216 Bloomfield Road; Eric Haseleu, 233 Charming Road; Michael Gaul, 2830 Adeline Drive; Andrew Peceimer, 1109 Clovelly Lane; Robert Herrera, 16 Valdivia Court; Nathaniel Flynn, 2805 Adeline Drive; Jeff Peterson, 1023 Chula Vista Avenue; Charles Voltz, 725 Vernon Way; V. J. Sliupas, 2907 Frontera Way; Stephen Hamilton, 105 Crescent Drive; Pat Giorni, 1445 Balboa Avenue; Ed Barberini, 1569 Columbus Avenue; Ray Mason, 1451 Balboa Avenue; Diana Mason, 1451 Balboa Avenue; Lynne Lahr, United Methodist Church; Mark Grancolas, 754 Walnut Avenue; Gertrud Mauk, 600 Ansel Road. There were no further comments from the floor and the hearing was closed. Councilwoman O'Mahony made a motion to approve adoption of Resolution No. 3-2009 certifying the Engineer's report and making findings storm drainage fee; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote 5-0. Councilwoman Nagel made a motion to approve adoption of Resolution No. 4-2009 calling a mail ballot election for May 5, 2009 for the submittal of a proposed annual storm drainage fee and adopting procedures for the conduct of the election; 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. 1836 adding Chapter 4.30 to the Burlingame Municipal Code to administer a storm drainage fee; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote 5-0. Special Counsel Abrams reminded Council that they have the preference in filing the arguments for the ballot and asked if they would like to make a decision regarding doing so or would prefer to doing it at the next meeting. Council unanimously agreed to discuss it at their next meeting. 2 Burlingame City Council January 20, 2009 Approved Minutes 7. PUBLIC COMMENTS Victor Subbotin, 2519 Hale Drive spoke about Item 6a. Pat Giorni, 1445 Balboa Avenue spoke on item 5a; the upcoming CMEQ meeting; and complimented the Council on the City budget and storm drainage measure. 8. STAFF REPORTS AND COMMUNICATIONS There were no Staff Reports. 9. CONSENT CALENDAR Councilman Deal asked to be recused from approving item 9d due to living within 500 feet of the project. DPW Murtuza made a correction to an attachment for item 9c. Councilwoman Nagel asked to pull item 9a for further clarification. a. ADOPT RESOLUTION AUTHORIZING AGREEMENT WITH SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CONTINUED DISTRIBUTION OF MEASURE A FUNDS DPW Murtuza requested Council adopt Resolution No. 3-2009 authorizing the City enter into an agreement with the Transportation Authority for the continued distribution of San Mateo County Measure A funds to the City in accordance with the 2004 Measure A transportation expenditure plan. b. ADOPT RESOLUTION GRANTING THE APPEAL OF KEVIN CULLINANE, ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING APPLICATIONS FOR COMMERCIAL DESIGN REVIEW, PARKING AND SETBACK VARIANCES, AND CONDITIONAL USE PERMIT FOR 24-HOUR OPERATION OF A DRUG STORE, FOR A NEW 13,755 SQUARE FOOT RETAIL BUILDING AT 260 EL CAMINO REAL, ON PROPERTY SITUATED WITHIN A COMMERCIAL (C-1) ZONE, SUB-AREA A CDD Meeker requested Council adopt Resolution No. 4-2009 granting the appeal of Kevin Cullinane in accordance with the terms stated in the Resolution. C. APPROVE TENTATIVE AND FINAL CONDOMINIUM MAP OF LOT 1, BLOCK 31, MAP OF TOWN OF BURLINGAME SUBDIVISION, 508 PENINSULA AVENUE DPW Murtuza requested Council approve the Tentative and Final Condominium map for 508 Peninsula Avenue, PM 08-04. d. APPROVE TENATIVE AND FINAL CONDOMINIUM MAP OF LOT 3, BLOCK 16, MAP OF BURLINGAME GROVE SUBDIVISION, 1217 PALOMA AVENUE DPW Murtuza requested Council approve the Tentative and Final Condominium map for 1217 Paloma Avenue, PM 08-02. 3 Burlingame City Council January 20, 2009 Approved Minutes e. APPROVE OUT-OF-STATE TRAVEL FOR TWO POLICE DEPARTMENT TRAFFIC BUREAU OFFICERS TO ARIZONA COP Van Etten requested Council approve out-of-state travel for two Police Department Traffic Bureau Officers to Arizona for training on operating and managing the new Redflex Red Light Photo Enforcement System. L APPROVE WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants #35455-37413 duly audited, in the amount of $6, 168,666.71 ; Payroll checks No. 173266 — 173456 in the amount of $2,851 ,848.45 for the month of December 2008. Vice Mayor Baylock made a motion to approve 9b, 9c, 9e and 9f of the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 4-0- 1 (O'Mahony abstained/recused from item 9b). Councilwoman Nagel made a motion to approve item 9d; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 4-0- 1 (Deal abstained/recused). Councilwoman Nagel addressed item 9a, specifically the Transportation Expenditure Plan summary defining how the Measure A funds are spent for transportation. Councilwoman Nagel made a motion to adopt item 9a; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Vice Mayor Baylock made a motion to support Councilman Deal's application for a vacancy on the Sam Trans Board; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue recognized Roy Abrams for his efforts on the storm drainage measure; the new bike racks on Burlingame Avenue; the CCAG Meeting on Thursday evening; and the upcoming high speed rail meeting. There were no further comments from the public. Councilwoman Nagel confirmed the "drop in" times for the high speed rail meeting. 12. OLD BUSINESS a. HIGH SPEED RAIL UPDATE DPW Murtuza gave a presentation and provided information in preparation for the high speed rail update meeting on January 22, 2009 at the Samtrans office in San Carlos. 13. NEW BUSINESS There was no new business. 14. ACKNOWLEDGMENTS 4 Burlingame City Council January 20, 2009 Approved Minutes a. Department Reports: Building, December 2008; Finance, December 2008 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 11 : 10 p.m. Respectfully submitted, AVOI Mary Ellen Kearney City Clerk 5 Burlingame City Council January 20, 2009 Approved Minutes