HomeMy WebLinkAboutMin - CC - 2011.08.15 CITY 0
BURLINGAME
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�FATEO JUNE 6
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of August 15, 2011
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 Terry Nagel called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Angie Ibarra.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel
COUNCILMEMBERS ABSENT: None
4. MINUTES
Councilwoman Baylock made a motion to approve the minutes of the July 18, 2011 regular Council meeting;
seconded by Vice Mayor Deal. The motion was approved unanimously by voice vote, 5-0.
5. PRESENTATION
a. PRESENTATION OF HEALTHY LIVING INITIATIVE
Mayor Nagel introduced Zumba instructor Angie Ibarra who performed Zumba dancing, along with Tere
Galvan, to promote the benefits of a fitness workout.
Mayor Nagel advised that the City adopted a healthy living resolution in April 2011 to embrace policies that
facilitate activities to promote healthier lifestyles and communities. Mayor Nagel further advised that in the
coming months the City will offer healthy cooking classes, new fitness classes, a bicycle safety workshop,
talks by health and medical experts, and biweekly health tips that will be sent out via the City's free e-
newsletter.
6. PUBLIC HEARING
a. APPLICATION FOR AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD SALES
OF ALCOHOLIC BEVERAGES TO A MINI-MART AT AN EXISTING GASOLINE
SERVICE STATION AND A FINDING OF PUBLIC CONVENIENCE (PCN) PURSUANT
TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE,
RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE SALES PERMIT (TYPE
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Burlingame City Council August 15, 2011
Approved Minutes
20—OFF-SALE BEER AND WINE)ISSUED THROUGH THE CALIFORNIA ALCOHOLIC
BEVERAGE CONTROL BOARD (ABC)AT 1147 ROLLINS ROAD,ZONED C-2
CDD Meeker reviewed the staff report and requested Council hold a public hearing to consider the request
for amendment to conditional use permit, a finding of public convenience and necessity to add sales of
alcoholic beverages to a mini-mart at an existing gasoline service station at 1147 Rollins Road, and consider
public testimony and the analysis contained within the staff report. CDD Meeker advised that the Police
Department reviewed the request and is recommending denial of the request for public convenience and
necessity. He further advised that the Police Department noted that if the City Council determines that the
public convenience and necessity would be served by a Type 20 alcohol sales license for this business,they
are recommending 28 conditions of approval.
Mayor Nagel opened the public hearing and the applicants, Jonathan and Gus Greco spoke and requested
Council approve their request to sell alcoholic beverages at their gas station. Burlingame resident, Pat Giorni
spoke in support of approving the application. Mayor Nagel closed the public hearing.
Vice Mayor Deal made a motion to approve the request with the conditions imposed by the Police; seconded
by Councilwoman Keighran who stated she was only approving it since there are no complaints with other
places selling alcohol. The motion failed by voice vote 3-2 (Baylock, Brownrigg,Nagel voted no).
Councilwoman Baylock made a motion to deny the application; seconded by Councilman Brownrigg who
stated that it is not customary to overturn the Planning Commission's decision,but there were only four
members of the Commission in attendance at the meeting when this item was approved. Councilman
Brownrigg suggested that in the future when this type of item is presented at the Planning Commission it
would be beneficial to have a police officer attend the meeting. The motion was approved by voice vote, 3-2
(Deal and Keighran voted no).
7. PUBLIC COMMENTS
Burlingame residents William Sexton,Kelly Tillman,David Noce, Mark Wilson, Chris Smith, Doug
Luftman, and Jennifer Slaboda all spoke about proposed cell antennas throughout the City.
Burlingame resident Andrew Peceimer spoke about employee salaries and benefits; Burlingame resident Jeff
Londer spoke about the upcoming bicycle workshop; Burlingame resident Kathy Meriwether spoke about an
upcoming energy workshop; Burlingame resident Susan Castner-Paine spoke about item 8b. There were no
further comments from the floor.
8. STAFF REPORTS AND COMMUNICATIONS
a. INTRODUCTION OF AN ORDINANCE AMENDING SECTION 10.40.038 OF THE
BURLINGAME MUNICIPAL CODE TO PLACE FURTHER RESTRICTIONS UPON THE
USE OF LEAF BLOWERS WITHIN THE CITY OF BURLINGAME
CDD Meeker reviewed the staff report and reported on the results of the survey that was sent to the residents
concerning imposing additional restrictions on the use of leaf blowers within the City. He reported that the
survey results came back split almost evenly concerning a complete ban on leaf blowers, as well as hours of
operation. He advised that over a two-month period, 881 residents responded to the survey.
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CDD Meeker addressed Councilwoman Keighran's inquiry about outside electrical outlets for new homes
and advised that it was required. Councilwoman Keighran commented that many older homes do not have
electrical outlets and installing them could be costly. She provided each Council member with a sample
invoice from an electrician for the installation of an outside electrical outlet estimated as high as $1,600.00
for two outlets.
Mayor Nagel opened the item for statements from the two representatives for both sides of the issue. Joanneh
Nagler speaking on behalf of the Citizens Environmental Council,provided details on the advantages of
using electrical leaf blowers, and stressed the noise and the harmful health effects of gas leaf blowers
polluting the air. Robert Alfaro spoke on behalf of the gardeners and said purchasing electric leaf blowers
would be a financial burden for them and could cause an increase in their insurance rates due to the tripping
hazard of extension cords.
The following members of the audience spoke in favor placing further restrictions on leaf blowers: Juanito
Lucero, Ani Safavi, Susan Castner-Paine, Brian Benn, Jan Robertson, Benoit Delaveau, 4nd Kathy
Meriwether.
The following spoke against placing further restrictions on leaf blowers:Nestor Toribio, Steve Kassel, Kevin
Salinas, Carolina Arteaga,Don Burns,Pat Giorni, Tom Marshall, Bobby Papadakis, Joe Galligan, Valentino
Gonzalez,Hector Sandoval, Jose Gonzalez, Gary Parma, Steve Finnie and Katie O'Brien.
Joanneh Nagler and Mike Kerwin gave their concluding remarks urging banning the use of gas leaf blowers.
Joe Galligan spoke on behalf of the gardeners against banning gas leaf blowers.
Council discussion followed and Vice Mayor Deal and Councilwoman Keighran expressed opposition to
going forward with introducing the Ordinance as it is written. Since consensus was not reached, a
subcommittee was formed to further study the matter and work with both sides of the issue. Mayor Nagel
and Councilwoman Keighran will serve on the subcommittee.
b. PARKS & RECREATION COMMISSION REPORT AND RECOMMENDATION ON DOGS
OFF-LEASH IN WASHINGTON PARK
P&RD Skeels reviewed the staff report and requested Council consider the Parks&Recreation Commission
to expand the dogs off-leash hours in Washington Park to include a 6:00 p.m. to 7:30 p.m. for a three month
trial period. He advised that Laura Hesselgren, Susan Castner-Paine, and Noreen Bulotti, of the Parks &
Recreation Commission surveyed the Washington Park neighborhood and found the majority favored the
expansion of the off-leash hours. Based on feedback from the survey about the poor condition of the City's
dog park, Council asked that the Parks&Recreation Commission look into improving the dog park.
Councilman Brownrigg made a motion to approve extending the off-leash hours in Washington Park with a
two dog limit for a period of three months; seconded by Vice Mayor Deal. The motion was approved by
voice vote, 3-2 (Baylock and Keighran voted no). Councilwoman Baylock commented that she voted
against this the last time it was brought to the Council and feels that it is much safer when dogs are contained
in an area. She would also like to require dog owners obtain a permit to allow their dogs off-leash so they
would be aware of the rules and regulations. Councilwoman Keighran commented she does not approve of
dogs off- leash when there are children playing in the park,particularly in the summer when it is still
daylight during the proposed time.
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Burlingame City Council August 15,2011
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Councilman Brownrigg revised his motion to approve extending the off-leash hours in Washington Park with
a two dog limit for a period of six months; seconded by Vice Mayor Deal. The motion was approved by
voice vote, 3-2 (Baylock and Keighran voted no).
C. ANNUAL REPORT OF THE DOWNTOWN BURLINGAME AVENUE AREA BUSINESS
IMPROVEMENT DISTRICT (DBID) ACCEPTANCE OF 2010-2011 ANNUAL REPORT;
DECLARING THE CITY'S INTENTION TO ESTABLISH AND LEVY ASSESSMENTS FOR
FISCAL YEAR
FinDir Nava reviewed the staff report and requested Council accept the DBID annual report; adopt a
Resolution of Intention to levy assessments for FY 2011-12; and set a public hearing for September 19,
2011.
Councilwoman Baylock made a motion to accept 2010-2011 annual report; seconded by Vice Mayor Deal.
The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to adopt
Resolution No. 53-2011 to levy 2011-2012 assessments for the Burlingame Avenue Business Improvement
District; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0.
d. APPROVAL OF NEW JOB CLASSIFICATION ENTITLED BUDGET AND FINANCIAL
ANALYST
FinDir Nava reviewed the staff report and requested Council approve a proposed new job classification of
Budget and Finance Analyst to replace the existing position classification of Administrative/Information
Services Manager. The person holding that position is retiring in November 2011.
Councilwoman Keighran made a motion to approve the new job classification of Budget and Finance
Analyst; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0.
e. ADOPT A RESOLUTION APPROVING AND AUTHORIZING THE FINANCE DIRECTOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BURLINGAME AND
SHORETEL PACKET FUSION FOR THE PURCHASE,INSTALLATION AND
MAINTENANCE OF VOICE-OVER-INTERNET-PROTOCOL TELEPHONE EQUIPMENT
FinDir Nava reviewed the staff report and introduced Peter Bologna, Consultant for Teledata who gave a
presentation on the new telephone equipment that is due to be installed in October 2011.
Vice Mayor Deal made a motion to adopt Resolution No. 54-2011 to execute an agreement between the City
of Burlingame and Shoretel Packet Fusion for the new telephone equipment; seconded by Councilman
Brownrigg. The motion was approved unanimously by voice vote, 5-0.
9. CONSENT CALENDAR
Councilman Brownrigg made a motion to approve items 9a through 9d of the consent calendar; seconded by
Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman
Baylock requested item 9e be removed for further discussion.
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Burlingame City Council August 15,2011
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a. ADOPT A RESOLUTION ACCEPTING THE NEWHALL ROAD AND FOREST VIEW
AVENUE WATER MAIN REPLACEMENT PROJECT
�-- DPW Mui uza requested Council approve Resolution No.55 -2011 accepting improvements for Newhall
Road and Forest View Avenue water main replacement project by Shaw Pipeline.
b. ADOPT A RESOLUTION ACCEPTING THE 2010 CITY WIDE SEWER REHABILITATION
PROJECT
DPW Murtuza requested Council approve Resolution No. 56-2011 accepting improvements for the 2010
citywide sewer rehabilitation project by McNamara and Smallman Construction, Inc.
c. ADOPT A RESOLUTION ADOPTING THE ANNEX TO THE 2010 ASSOCIATION OF BAY
AREA GOVERNMENTS LOCAL HAZARD MITIGATION PLAN—"TAMING NATURAL
DISASTERS" FOR THE CITY OF BURLINGAME
CDD Meeker requested Council adopt Resolution No. 57-2011 approving the ABAG report"Taming
Natural Disasters" as the City of Burlingame's local hazard mitigation plan.
d. APPROVAL FOR BUILDING OFFICIAL TO ATTEND AN OUT-OF-STATE CONFERENCE
CDD Meeker requested Council approve the Building Official attendance at the International Code
Conference in Phoenix, Arizona.
e. ADOPT A RESOLUTION APPROVING THE 2011/2012 CONTRACT WITH TIMBERLINE
TREE SERVICE FOR TREE PRUNING AND STUMP REMOVAL
Councilwoman Baylock referenced Section 1 of the bid summary and advised that the Eucalyptus trees on
California Drive adjacent to the railroad tracks are protected by a covenant and they should never be touched
or trimmed.
Councilman Baylock made a motion to adopt Resolution No. 58-2011 awarding a contract to Timberline
Tree Service for tree pruning and stump removal for 2011-2012 with the exclusion of Section 1 until further
clarification is obtained about the trimming of those trees; seconded by Vice Mayor Deal. The motion was
approved unanimously by voice vote, 5-0.
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 about the upcoming Rail Corridor meeting on August 17, 2011. There
were no further comments from the floor.
12. OLD BUSINESS
a. REVIEW AND APPROVE CELL PHONE USAGE GUIDELINES
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Burlingame City Council August 15,2011
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Councilwoman Baylock made a motion to approve the cell phone usage guidelines as part of the Healthy
Initiative; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0.
13. NEW BUSINESS
a. ORAL REPORT ON STATUS OF REQUESTS FOR CELL ANTENNAS
CA Guinan updated the Council on the cell antennas and advised that no encroachment permits have been
issued to Extenet or T-Mobile and the staff is ensuring that the cell phone companies respond to all residents'
complaints and concerns. He further advised that under the Federal Telecommunications Act,the City most
likely cannot use environmental factors as reasoning against antennas. He also reported that as long as
facilities are compliant with FCC regulations, local agency decisions cannot be grounded on the
environmental health effects of RF emissions. He also reviewed the circumstances for imposing a
moratorium.
CA Guinan said the next step is to schedule a study session,most likely in early October with an attorney
and technology industry representative in attendance at the meeting. Council members agreed to
Wednesday, October 5 at 6:30 p.m.
Mayor Nagel displayed a scroll that was presented to the City from a group of Chinese business leaders at a
dinner that she attended along with Councilman Brownrigg.
CLOSED SESSION:
CA Guinan advised that Council met in closed session with Labor Negotiators, gave direction to Labor
Negotiators, and stated that there was no further reportable action.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Traffic, Safety&Parking, April 14 & May 12, 2011; Library, June 28, 2011;
Planning, July 11 & 25, &August 8, 2011
b. Department Reports: Building, July 2011; Fire,July 2011; Finance, June &July 2011
15. ADJOURNMENT
Mayor Nagel adjourned the meeting at 12:06 a.m., Tuesday,August 16, 2011 in memory of Burlingame
resident, Jack Casey.
Respectfully submitted,
Mary Ellen Kearney
City Clerk
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Burlingame City Council August 15,2011
Approved Minutes