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BURLINGAME
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F.T[o.TUNE 6.
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of September 4, 2012
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 Jerry Deal called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Joe Sacco.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran,Nagel
COUNCILMEMBERS ABSENT: None
4. MINUTES
Councilwoman Baylock made one addition to the August 20, 2012 minutes to add "upright acorn lights"to
the paragraph at the top of page three. Councilwoman Nagel made a motion to approve the minutes of the
August 20, 2012 regular Council meeting; seconded by Councilman Brownrigg. The motion was approved
unanimously by voice vote, 4-0-1 (Keighran abstained).
5. UPCOMING EVENTS
Mayor Deal reviewed upcoming events taking place in the City.
6. PUBLIC HEARING
a. APPEAL HEARING ON REMOVAL OF TWO PRIVATE REDWOOD TREES AT 1433
CORTEZ
Parks Supervisor Bob Disco reviewed the staff report and advised that at the June 7, 2012 Beautification
Commission meeting the Commission held a public forum and voted in favor (3 to 2) of removing the two
private Redwood trees at 1433 Cortez Avenue. He advised that the Commission reached their decision based
on the recommendation of the City Arborist, future damage to the neighbor's garage, frequent falling limbs,
and the financial burden to the property owner for structural repairs to the neighboring garage foundation.
Parks Supervisor Disco advised that neighbors Eugene Podkaminer and Erica Carmel are appealing this
decision since the trees are mature and in good-to-fair condition and they add value to the community.
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Burlingame City Council September 4,2012
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Parks Supervisor Disco requested that Council uphold the Beautification Commission's decision to approve
the removal of two private Redwood trees with the conditional requirement that two 24-inch box size
landscape trees be planted on the property. Council questions followed concerning the need to remove both
trees; safety issues with large limbs falling; trees being properly trimmed; liability to the City if the tree does
further damage to the neighbor's garage; and the cost to bring in one 48-inch tree.
Mayor Deal opened the public hearing, the applicant Fernando Velayos of Cortez Avenue spoke and
requested Council uphold the independent arborist, the City Arborist, and the Beautification Commission's
decision to allow for the removal of the two Redwood trees on his property on Cortez Avenue. He expressed
concern over the large limbs that have fallen impacting telephone and PG&E lines and the encroachment on
his neighbor's garage. He advised that he will be planting new trees.
Appellants Erica Carmel and Eugene Podkaminer of Cabrillo Avenue spoke in objection to the removal of
the trees and provided photographs of the trees that are visible from their kitchen, living room and master
bedroom. They said the removal of these trees will leave them looking out onto their neighbors' houses
instead of nature. They said they have never found any limbs in their yard and cited their arborist's report
that indicated there was no immediate need to remove them at this time.
The following members of the public spoke: Kathleen Wentworth, Joe Becerra, Evan Krasts, Ajanta Horan,
Janelle Becerra, Pat Giorni, Uma Velayos and Eugene Podkaminer. Councilman Brownrigg asked if the two
Beautification Commissioners would like to comment. Beautification Commissioner Karen Dittman spoke
and said she did not agree with the removal of the trees and Beautification Commissioner Mary Hunt said
she approved of the trees being removed. There were no further comments from the floor, and the hearing
was closed.
Council discussion followed and Vice Mayor Keighran made a motion to uphold the Beautification
Commission's decision with the condition to plant two 24-inch box size trees or one 48-inch box size tree,
based on the recommendation of the City Arborist; seconded by Councilwoman Nagel. Mayor Deal called
for a roll call vote and the motion passed 3-2 (Baylock and Brownrigg voted no).
7. PUBLIC COMMENTS
Burlingame resident Joe Sacco spoke about San Mateo Police dispatch and Burlingame resident Pat Giorni
spoke about the Metropolitan Transportation Commission taking away pedestrian and bicycle funds. There
were no further comments from the floor.
8. STAFF REPORTS AND COMMUNICATIONS
a. ADOPT A RESOLUTION PROVIDING FOR A 5% FEDERAL REGULATORY HARDSHIP
DISCOUNT FOR FLYING FOOD GROUP OF BURLINGAME
FinDir Nava reviewed the staff report and advised that Flying Food Group (FFG) is a Burlingame business
that provides food handling services to the airlines at San Francisco Airport. FinDir Nava advised that FFG
contacted the City requesting a hardship discount since a federal mandate prevents FFG from participating in
the City's organics recycling program and from receiving the accompanying 25% service discount. FinDir
Nava advised that the discount will be revisited periodically.
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Burlingame City Council September 4, 2012
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Council thanked FinDir Nava and Recology for their efforts to be so business friendly. Council also
emphasized that the City is not in the habit of granting discounts but in this case, it is due to a federal
mandate.
Councilwoman Nagel made a motion to adopt Resolution No. 65-2012 providing for a 5% federal regulatory
hardship discount for Flying Food Group of Burlingame; seconded by Councilwoman Baylock. The motion
was approved unanimously 5-0.
b. CONSIDER ADOPTION OF A RESOLUTION AMENDING THE CITY OF BURLINGAME
CONFLICT OF INTEREST CODE TO REVISE THE LIST OF DESIGNATED OFFICIALS
AND EMPLOYEES
CA Guinan reviewed the staff report and advised that California Code section 87306.5 requires that each
local agency review, and if necessary, revise its Conflict of Interest Code every even-numbered year.
Councilwoman Baylock made a motion to approve Resolution No. 64-2012 amending City's Conflict of
Interest Code to revise the list of designated employees; seconded by Councilwoman Keighran. The motion
was approved unanimously 5-0.
e. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 9.04.31 OF THE
BURLINGAME MUNICIPAL CODE, THE ANIMAL CONTROL ORDINANCE, TO ALLOW
ANIMAL CONTROL FEE REVISIONS TO BE MADE BY COUNCIL RESOLUTION
ADOPTING THE MASTER FEE SCHEDULE
FinDir Nava reviewed the staff report and requested Council set a public hearing for September 17, 2012 to
adopt the proposed ordinance.
Mayor Deal requested CC Kearney read the title of the proposed Ordinance. Vice Mayor Keighran made a
motion to waive further reading; seconded by Councilman Brownrigg. The motion was approved
unanimously 5-0.
Councilman Brownrigg made a motion to introduce the proposed Ordinance amending Chapter 9.04 of the
Burlingame Municipal Code to allow the City Council to make revisions to the animal control fee schedule
by a Resolution adopting or amending the master fee schedule; seconded by Councilwoman Baylock. The
motion was approved unanimously by voice vote, 5-0. Mayor Deal directed the City Clerk to publish a
summary of the proposed Ordinance within 5 days of the public hearing.
d. APPOINTMENT TO THE STORM DRAINAGE CITIZEN'S OVERSIGHT COMMITTEE
DPW Murtuza reviewed the staff report and requested Council appoint a member to the Storm Drainage
Citizen's Oversight Committee. The two applicants were Rosalie O'Mahony and David Greene.
CC Kearney gave each Councilmember a ballot to vote for one of the two candidates. The ballot
submissions resulted in Rosalie O'Mahony receiving the unanimous vote of the five Council members.
Rosalie O'Mahony was appointed to the Storm Drainage Citizen's Oversight Committee to serve for a four-
year term, ending in September 2016.
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Burlingame City Council September 4, 2012
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e. WATER CONSERVATION TIERED BLENDED RATES OPTIONS FOR SINGLE FAMILY
CUSTOMER CLASSIFICATION
DPW Murtuza said this report was a result of the study session that took place two weeks ago. DPW
Murtuza requested direction on the two options to initiate the Prop 218 process and present it at a future
public hearing.
Councilman Brownrigg thanked staff for developing a progressive tiered system. Council discussion and
questions followed and Council concurred that they preferred Tier Option Five and emphasized that it was
for two month's water use. Council requested that they review the notice before it is sent to the public.
9. CONSENT CALENDAR
Councilman Brownrigg made a motion to approve the consent calendar; seconded by Vice Mayor Keighran.
The motion was approved unanimously 5-0.
a. ADOPT A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO UPDATE
ANIMAL CONTROL FEES AS APPROVED BY THE SAN MATEO COUNTY BOARD OF
SUPERVISORS
FinDir requested Council adopt Resolution No. 63-2012 amending the master fee schedule to revise the
animal control service fees so said fees conform to the animal control service fee schedule adopted by the
County of San Mateo.
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 item 6a. There were no further comments from the floor.
12. OLD BUSINESS
13. NEW BUSINESS
Councilman Brownrigg would like to discuss the proposed San Mateo County one-half percent sales tax
increase at a future meeting.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Beautification, August 2, 2012
b. Letters from Call Primrose, Parca, Community Gatepath, and Ombudsman Services gratefully
acknowledging the City's contribution
15. ADJOURNMENT
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Burlingame City Council September 4, 2012
Approved Minutes
Mayor Deal adjourned the meeting at 9:28 p.m.
Respectfully submitted,
/V
Mary Ellen Kearney
City Clerk
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Burlingame City Council September 4, 2012
Approved Minutes