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HomeMy WebLinkAboutMin - CC - 2010.10.04 CITY G � BURIJNGAME a �NAiEo JYNe� BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of October 4, 2010 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 Cathy Baylock called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Mike McCord. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Nagel COUNCILMEMBERS ABSENT: Keighran 4. MINUTES Vice Mayor Nagel made a motion to approve the minutes of the September 20, 2010 regular Council meeting; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 4-0 (Keighran absent). 5. PRESENTATION a. INTRODUCTION OF NEW SAFEWAY REPRESENTATIVE Deb Karbo, Real Estate Manager for Safeway introduced Fred Ponce an architectural consultant with ArcPath Project Delivery who will serve as the construction and real estate neighborhood liaison for the new Safeway store. 6. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND THE BURLINGAME DOWNTOWN SPECIFIC PLAN AS AN AMENDMENT TO THE GENERAL PLAN CDD Meeker reviewed the staff report and advised that in 2007 the City hired the consulting firm, "Kevin Gardiner & Associates" to work cooperatively with the community to prepare the Burlingame downtown specific plan. The plan was developed based on input received from a total of eighteen meetings with the 1 Burlingame City Council October 4, 2010 Approved Minutes Citizens Advisory Committee for the downtown plan, three public workshops, two joint meetings of the Planning Commission and Council to review alternatives, and a community meeting to present the final draft plan. CDD Meeker introduced Kevin Gardiner and also acknowledged Rachel Schuett of PBS&J Consultants, Project Manager Maureen Brooks, former Project Manager Karen Kristiansson and Matt Flynn formerly with Kevin Gardiner and Associates. Mr. Gardiner addressed the Council and acknowledged the Citizens Advisory Committee and thanked them for their efforts. He reviewed each chapter of the downtown specific plan overview and answered the Council members questions, and addressed their concerns. Mayor Baylock opened the public hearing and the following Burlingame residents spoke: Joe Karp, Jennifer Pfaff, Alex Mortazavi, Tom Churchill, Linda Humber, and John Root. There were no further comments and Mayor Baylock closed the public hearing. Council discussion followed and they requested the following amendments to the plan: "Planning Area Land Uses", the section referred to as the Bayswater Mixed-Use Area, downtown retail was eliminated as a use in the district; corner store retail, and office were identified as a conditionally permitted uses; personal services, business services, residential, civic, quasi-civic, cultural, and live/work were identified as permitted uses; service commercial was eliminated as a use. For blocks lying adjacent to El Camino Real in this area, the setback from El Camino Real was increased from 10 feet to 20 feet. "El Camino Real curb cuts", language needs to be added (where appropriate) indicating that curb cuts to properties lying adjacent to El Camino Real shall be from the side street, not El Camino Real unless no other alternative for vehicular access is available to a property. "Land use", it was agreed to add a new goal that states "promote diversity in housing type and affordability within the downtown area". Councilman Brownrigg made a motion to adopt Resolution No. 73-2010 approving a negative declaration and adopting the Burlingame Downtown Specific Plan as an amendment to the Burlingame General Plan; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 4 — 0 (Keighran absent). b. ADOPT AN ORDINANCE AMENDING CHAPTER 12.12 OF THE MUNICIPAL CODE IN ORDER TO IMPLEMENT THE 50/50 SIDEWALK REPAIR PROGRAM CA Guinan advised that since the wording of the ordinance was amended at the September 7, 2010 meeting, it was necessary to reintroduce the amended ordinance and adopt it at the October 18, 2010 meeting. Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Chapter 12. 12 of the Municipal Code to implement a City/Private Property Owner shared sidewalk repair program. Vice Mayor Nagel made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. 2 Burlingame City Council October 4, 2010 Approved Minutes Councilman Deal made a motion to reintroduce the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 3- 1 - 1 (Keighran absent) (Brownrigg voted no). Mayor Baylock directed the City Clerk to publish a summary of the proposed ordinance within five days of adoption. C. APPLICATION FOR A CONDITIONAL USE PERMIT AND A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE SALES PERMIT (TYPE 48-ON SALE PUBLIC PREMISES) ISSUED THROUGH THE CALIFORNIA ALCHOLIC BEVERAGE CONTROL BOARD (ABC) FOR A NEW BAR (CLASSIFIED AS A FOOD ESTABLISHMENT) LOCATED AT 305 CALIFORNIA DRIVE CDD Meeker reviewed the staff report and requested Council conduct a public hearing to consider the requests for a conditional use permit and finding of public convenience and necessity for a new bar (classified as a food establishment) at 305 California Drive. CDD Meeker advised that Interim Police Chief Ed Wood had reviewed the item and his memo supporting the request, with numerous conditions, was included in the staff report. He also advised that the Planning Commission had approved the application. Mayor Baylock opened the public hearing. Mr. Juan Loredo spoke and advised that he had spoken to Chief Wood that afternoon and there were a few changes to the conditions imposed by the Police Department. CDD Meeker reviewed those conditions. There were no comments from the floor, and the hearing was closed. Councilman Deal made a motion to adopt Resolution No. 74-2010 approving a categorical exemption and conditional use permit and determining that the public convenience and necessity would be better served by the California Alcoholic Beverage Control Board' s issuance of a Type 48 Alcoholic Beverage Sales License for a new bar at 305 California Drive, zoned C-2, Subarea A, Burlingame Avenue Commercial Area; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 4-0 (Keighran absent). 7. PUBLIC COMMENTS The following Burlingame residents spoke: Mike McCord spoke on items 8c and 9c; Susan Castner-Paine spoke on item 9c; Pat Giorni spoke on items 8a, 8b, 8c and 9c and electrical service coming from gasoline powered generator; Jerry Winges spoke on items 8c and 9c; Kathy Meriwether spoke on items 8c and 9c . There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE AMENDING SECTION 17.04 OF THE BURLINGAME MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS CDD Meeker requested that all three items be presented at the same time since they were all interrelated. CBO Joe Cyr reviewed the staff reports for items 8b, and 8c and advised that the building code and green building code will be effective January 1 , 2011 . Fire Marshal Rocque Yballa spoke about item 8a and .� reviewed the changes to the fire code. 3 Burlingame City Council October 4, 2010 Approved Minutes Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Title 17 of the Burlingame Municipal Code and adopting by reference the 2010 California Fire Code (title 24, part 9, CFC) and the 2009 edition of the International Fire Code. Vice Mayor Nagel made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 4-0 (Keighran absent). Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 4-0 (Keighran absent). Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. b. INTRODUCE AN ORDINANCE AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA BUILDING CODES WITH LOCAL AMENDMENTS Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Title 18 of the Burlingame Municipal Code adopting by reference the 2010 editions of the California Building Standards Code, California Code of Regulations, Title 24 (CCR, T24), State Housing Law, the California Code of Regulations, Title 25, Division 1 , Chapter 1 , Subchapter 1 , Section 32 (CCR, T-25), 1997 Uniform Administrative Code, 1997 Uniform Housing Code, 1997 Uniform Code for the Abatement of Dangerous Buildings, and amendments and modifications thereto. Councilman Brownrigg made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 4-0 (Keighran absent). Councilman Brownrigg made a motion to introduce the proposed ordinance; seconded by Councilman Deal. `.- The motion was approved by voice vote, 4-0 (Keighran absent). Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. C. INTRODUCE AN ORDINANCE AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO ADOPT THE 2010 CALIFORNIA GREEN BUILDING STANDARDS WITH LOCAL AMENDMENTS Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Title 18 of the Burlingame Municipal Code adopting by reference the 2010 California Green Building Standards Code (CALGREEN), Part Il, with mandatory Tier One energy efficiency provisions and amendments and modifications, and adding Chapter 18.30 as the Burlingame Green Building Ordinance. Vice Mayor Nagel made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 4-0 (Keighran absent). Councilman Brownrigg made a motion to introduce the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 4-0 (Keighran absent). Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. 9. CONSENT CALENDAR Councilman Deal made a motion to approve the consent calendar; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 4-0 (Keighran absent). 4 Burlingame City Council October 4, 2010 Approved Minutes a. ADOPT A RESOLUTION APPROVING THE CITY'S RESPONSE TO THE GRAND JURY REPORT ON SEX OFFENDER LAW ENFORCEMENT IN SAN MATEO COUNTY Interim PC Wood requested Council adopt Resolution No. 78-2010 approving the City' s response to 2009- 2010 San Mateo County Grand Jury report entitled "Sex Offender Law Enforcement in San Mateo County". b. ADOPT A RESOLUTIONAWARDING A CONSTRUCTION CONTRACT TO STOLOSKI AND GONZALES CONSTRUCTION FOR THE NEIGHBORHOOD STORM DRAIN PROJECTS, # 2 DPW Murtuza requested Council adopt Resolution No. 75-2010 awarding contract for neighborhood storm drain project #2 to Stoloski & Gonzales Construction, Inc. C. ADOPT A RESOLUTION IN OPPOSITION TO PROPOSITION 23, THE "CALIFORNIA JOBS INITIATIVE" Councilman Brownrigg requested Council adopt Resolution No. 76-2010 in opposition to State Proposition 23 on the November 2010 ballot. d. ADOPT A RESOLUTION AMENDING THE CURRENT TOW SERVICE AGREEMENT CA Guinan requested Council adopt Resolution No. 77-2010 amending the Police Department rotation tow truck list and regulations. `,. 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 Burlingame resident Pat Giorni spoke on several items and Burlingame resident Charles Voltz spoke about high speed rail. There were no further comments from the public. 12. OLD BUSINESS a. HIGH SPEED RAIL UPDATE AND DISCUSSION DPW Murtuza advised that installation of the story poles would be on October 14, 2010 at 2:00 p.m. He also advised that staff continues to pressure the High Speed Rail Authority as to why covered trench is not feasible in Burlingame. 13. NEW BUSINESS 14. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, September 2, 2010 5 Burlingame City Council October 4, 2010 Approved Minutes b. Letter from Dennis Haag, Fire Chief, San Bruno/Millbrae Fire Departments gratefully acknowledging the Central County Fire Department' s assistance with the recent San Bruno fire 15. ADJOURNMENT Mayor Baylock adjourned the meeting at 10:22 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk ., Nft . - 6 Burlingame City Council October 4, 2010 Approved Minutes