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HomeMy WebLinkAboutMin - CC - 2011.08.15 CITY 0 BURLINGAME 0.�oq �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 1 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. 2 Burlingame City Council August 15,2011 Approved Minutes 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. 3 Burlingame City Council August 15,2011 Approved Minutes 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. 4 Burlingame City Council August 15,2011 Approved Minutes 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 5 Burlingame City Council August 15,2011 Approved Minutes 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 6 Burlingame City Council August 15,2011 Approved Minutes