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HomeMy WebLinkAboutMin - CC - 2010.02.01 CITY 0 BURLINGAME So •c4o4 m AHHTEU JUNE 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of February 1, 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 7:04 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Carolyn Root. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Mayor Baylock made a correction to page 2, Public Comments, to read "delayed public comments on items 8b & 8c". Vice Mayor Nagel made a correction to items 8b and 8c to change fiscal to calendar in the title of the item. Councilman Deal made a motion to approve the amended minutes of the January 19, 2010 regular Council meeting; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATION a. PRESENTATION BY SCHOOL DISTRICT AND REQUEST FOR SUPPORT FOR THE SCHOOL DISTRICT PARCEL TAX RENEWAL This item was postponed. 6. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION, QUALIFYING AS SUBSTANTIAL CONSTRUCTION, ON A PROPERTY LOCATED AT 1441 BALBOA AVENUE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE Councilman Brownrigg recused himself from this agenda item since he already voted on it while a member of the Planning Commission. 1 Burlingame City Council February 1, 2010 Approved Minutes Planning Manager Brooks reviewed the staff report and requested Council hold a public hearing on the appeal of the application for a design review and special permits for height and declining height envelopes for a first and second story addition qualifying as substantial construction at 1441 Balboa Avenue, and consider public testimony and the analysis contained within the staff report. Action regarding the appeal should include specific findings supporting the Council's decision and should be affirmed by Resolution of the City Council. The reasons for any action should be stated clearly for the record. All Council Members stated that they had visited the site. The City Council may consider the following alternatives: 1 . deny the appeal and uphold the Planning Commission's action approving the application for Design Review and special permits for height and declining height envelope for a first and second story addition qualifying as substantial construction; 2. uphold the appeal, and modify the Planning Commission's decision by providing specific direction to the project applicant regarding further changes to be made to the project; or 3 . uphold the appeal, and deny the application. Mayor Baylock opened the public hearing. Teresa Hei, Jay Trygstad, applicants for 1441 Balboa Avenue, and James Chu, project architect, spoke and responded to Council's questions. Appellant Angela Valles, 1437 Balboa Avenue, spoke and responded to Council's questions. Burlingame resident Jennifer Pfaff spoke on behalf of Balboa Avenue resident Pat Giorni. Project architect, James Chu, and applicants, Jay Trystad and Teresa Hei spoke again and responded to questions. There were no further comments from the floor; and the public hearing was closed. After Council discussion, Councilwoman Keighran made a motion to uphold the appeal, and modify the Planning Commission's decision with the conditions outlined in Exhibit A to Resolution No. 9-2010. The motion was seconded by Vice Mayor Nagel, approved by voice vote 4-0-1 (Brownrigg recused). Councilman Brownrigg returned to the dais. CA Guinan advised Council that item 9b should be removed from the consent calendar and is now a part of item 6b and will be voted on at that time. He also advised that a revised Resolution had been placed at each Council Member's place on the dais and that the zoning ordinance would be an introduction at tonight's meeting with the adoption of the ordinance at the next regular City Council meeting. Mayor Baylock requested CA Guinan read the revision to the Resolution. b. ADOPT RESOLUTION NO. 10-2010 AND APPROVE AN APPLICATION FOR A MITIGATED NEGATIVE DECLARATION, COMMERCIAL DESIGN REVIEW, EL CAMINO REAL SETBACK VARIANCE, CONDITIONAL USE PERMITS FOR HEIGHT, 24-HOUR OPERATION OF A GROCERY STORE, ALCOHOLIC BEVERAGE SALES AND TAKE-OUT SERVICE, REZONING OF A PORTION OF THE SITE FROM R-3 TO C-15 AND TENTATIVE PARCEL MAP FOR LOT COMBINATION AND RESUBDIVISION FOR REPLACEMENT OF THE EXISTING SAFEWAY AND DRUG STORE WITH A NEW GROCERY STORE AND RETAIL OFFICE BUILDING AND RENOVATION OF AN EXISTING RETAIL BUILDING AT 1420-1450 HOWARD AVENUE AND 249 PRIMROSE �. ROAD 2 Burlingame City Council February 1, 2010 Approved Minutes Planning Manager Brooks reviewed the staff report and requested Council hold a public hearing and take action and approve a new grocery store and retail office building and renovation of an existing retail building at 1420-1450 Howard Avenue and 249 Primrose Road. Planning Manager Brooks requested Council introduce an ordinance to rezone a portion of the site from the R-3 zoning district to the C-1 zoning district; and consider adoption of a Resolution to adopt a mitigate negative declaration; and grant approval of the requests for commercial design review, El Camino Real setback variance, conditional use permits for height, 24-hour operation of a grocery store, sale of alcoholic beverages for a new 13,755 square foot retail building at 1450 Howard Avenue; subject to conditions. Council discussion followed and Planning Manager Brooks and DPW Murtuza responded to their questions and concerns. Mayor Baylock introduced Deb Karbo, Real Estate Manager for Safeway, and mentioned that all the Council members met with Deb Karbo last week. Ms. Karbo stated that the proposed project was a collaborative effort by the staff, Safeway working group, community, Planning Commission and City Council. Ms. Karbo gave a presentation on the site plan and responded to the Councils questions. Mayor Baylock opened the public hearing and the following Burlingame residents spoke: Mary Hunt, Ralph Osterling, Tom Paine, Susan Castner-Paine, Steffen Rochel, Charles Voltz, Jennifer Pfaff, Stephen Hamilton, Ellis Schoichet. Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending the Burlingame L municipal code and the zoning maps incorporated in Title 25, by reclassifying a portion of the property located at 1450 Howard Avenue from the R-3 District the C-1 District. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to introduce the proposed ordinance; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. Councilman Brownrigg made a motion to adopt Resolution No. 10-2010; seconded by Councilwoman Keighran. Councilman Brownrigg amended his motion to include a condition to consider removing the corner feature and subject it to further review. Council discussion followed and Council concurred to remove that as a condition. Councilwoman Keighran amended her seconding of the motion to indicate that condition as being removed. Council concurred to adopt the Resolution with amended conditions as noted in Exhibit A of the Resolution. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock recognized all the Safeway committee members and thanked them for all their effort on this project. c. & d. ADOPTION OF ORDINANCES ESTABLISHING WATER AND SEWER RATES FOR YEARS 2010, 20119 AND 2012 DPW Murtuza reviewed the staff report and requested Council hold a public hearing on the adoption of Ordinances 1843 and 1844 establishing water and sewer rates for the years 2010, 2011 , and 2012. 3 Burlingame City Council February 1, 2010 Approved Minutes Mayor Baylock opened the public hearing and the following Burlingame residents spoke David Adams, Charles Voltz, John Root, Neal Kaufman, Nick Panayotou, Jennifer Pfaff (speaking on behalf of Pat Giorni), Jeff Peterson, Rosalie O'Mahony and Steffen Rochel. There were no further comments from the floor, and the hearing was closed. Vice Mayor Nagel made a motion to adopt Ordinances 1843 and 1844; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS Burlingame resident Charles Voltz spoke on water conservation issue and encouraged the City to urge residents to reduce their water usage. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a . TRANSMITTAL OF THE FY 2008-09 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND ACCOMPANYING LETTERS FROM INDEPENDENT AUDITORS TO THE COUNCIL FinDir Nava presented the FY 2008-09 Comprehensive Annual Financial Report. Vice Mayor Nagel made a motion to accept the 2008-2009 Comprehensive Annual Financial Report; seconded by Councilman Brownrigg; motion was approved unanimously by voice vote, 5 — 0. b. INTRODUCTION OF ORDINANCES FOR INDOOR AND OUTDOOR WATER USE EFFICIENCY DPW Murtuza introduced Matt Zucca of Erler & Kalinowski who gave a presentation and provided background on the decision by the San Francisco Public Utilities Commission to limit the water supply available to the BAWSCA member agencies until at least 2018. Mayor Baylock requested CC Kearney read the title of the proposed ordinance establishing indoor water conservation regulations. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to introduce the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Kearney read the title of the proposed ordinance establishing water conservation in landscaping regulations. Vice Mayor Nagel made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. 4 Burlingame City Council February 1, 2010 Approved Minutes , C. TRAFFIC, SAFETY AND PARKING COMMISSION APPOINTMENTS Council discussed the various attributes of all commission candidates. Council concurred to reappoint Mark Noworolski to a three year term, ending in 2012; appoint Nicklas Akers to the term ending November 6, 2011 ; appoint Laurie Simonson to the term ending November 6, 2010. 9. CONSENT CALENDAR Item 9b was removed from the consent calendar and was approved as a part of item 6b. Councilman Deal made a motion to approve items 9a & 9c of the consent calendar; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. a. ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PBS&J TO PERFORM ADDITIONAL ENVIRONMENTAL REVIEW SERVICES RELATED TO THE BURLINGAME DOWNTOWN SPECIFIC PLAN Senior Planner Brooks requested Council approve Resolution No. 8-2010 approving an amendment to a professional services agreement with PBS&J to perform additional environmental review services related to the Burlingame Downtown Specific Plan. C. APPROVE A RESOLUTION SUPPORTING THE PUTNAM CHEVROLET CADILLAC HUMMER DEALERSHIP FINANCIAL AND COMMUNITY CONTRIBUTIONS TO THE CITY OF BURLINGAME Senior Planner Brooks requested Council approve Resolution No. 7-2010 supporting the Putnam Chevrolet Cadillac Hummer dealership financial and community contributions to the City of Burlingame. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Due to the late hour, the Mayor and Council concurred to postpone this item until the next regular Council meeting. 11. PUBLIC COMMENTS There were no comments. 12. OLD BUSINESS There was no old business. 13. NEW BUSINESS There was no new business. 5 Burlingame City Council February 1, 2010 Approved Minutes 1 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, November 17, 2009; Traffic Safety & Parking, December 10, 2009; Parks & Recreation, December 17, 2009; Beautification, January 7, 2010; Planning, January 11 , 2010 b. Letter from Comcast concerning programming adjustments 15. ADJOURNMENT Mayor Baylock adjourned the meeting at 11 :27 p.m. Respectfully submitted, / !V Mary Ellen Kearney City Clerk 6 Burlingame City Council February 1, 2010 Approved Minutes