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HomeMy WebLinkAboutMin - CC - 2007.11.05BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of November 5,2007 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 7:06 p.m. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Jo-Ellen Ellis 3. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Cohen, Keighran, Nagel, O'Mahony None 5. a. 4. MINUTES One correction was made to Item 6.a. of the minutes of the October 15,2007 regular Council meeting: Correct the name of School Board Trustee Bill Friedman to Marc Friedman. Vice Mayor O'Mahony made a motion to approve the amended minutes of the October 15,2007 regular Council meeting; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0 Mayor Nagel presented Nancy Locke and Jill Lauder with the Best of Burlingame Award. Nancy and Jill, both former Parks & Recreation Commissioners, are dedicated citizens who keep the 101 Broadway exit landscaping area clean. After a series of meetings with Caltrans personnel, Caltrans eventually made landscape improvements according to a planting scheme designed by Nancy, Jill and another former commissioner, Will McGowan. Since then, Nancy and Jill have recruited local volunteers to help keep the area clear of unsightly debris and weeds which makes this Burlingame entrance much nicer than in times past. b. FIRE DEPARTMENT POSTER CONTEST WINNERS Fire Marshal Yballa announced the fourth annual Central County Fire Department Poster Contest winners from Burlingame Elementary Schools. The Fire Prevention message this year is "Practice Your Escape Plan." Burlingame City Council Approved Minutes 570 November 5,2007 PRESENTATIONS BEST OF BURLINGAME AWARI) C. RECOGNITION OF CENTENNIAL COMMUNITY PICNIC SPONSOR, SHINNYO-EN Danielle Brewer, Recreation Services Manager, introduced Dr. Harumitsu Inouye, Executive Director of the Shinnyo-en Foundation; and Mayor Nagel presented Dr. Inouye with a proclamation honoring the foundation for hosting the Centennial Community Picnic. d.RECOGNITION OF ANDREW PAI'S CHINESE TRANSLATION OF CENTENNIAL INFORMATION Mayor Nagel presented Burlingame High School Senior Andrew Pai who led his friends in seeking to connect the local Chinese community into the main stream of the Burlingame community by creating the Burlingame Centennial Yearbook in Chinese which included historical information about Burlingame and its Library, the Burlingame Train Station and Burlingame High School. ORGANIZING THE CENTENNIAL SCAVENGER HUNT _ HUNTING FOR HISTORY RSM Brewer introduced Christine Thorsteinson; and Mayor Nagel presented Ms. Thorsteinson with a proclamation honoring her as the Centennial Scavenger Hunt Committee Chair and for planning the "Hunting for History" event to help the community celebrate 100 years of Burlingame history. PUBLIC HEARINGS APPEAL HEARING OF PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR DESIGN REVIEW AND SPECIAL FOR HEIGHT FOR A NEW TWO- 6. a. RY LE FAMILY DWELLIN WITH DETACHED GARAG ON PROPE AT 1316 DRAKE AVENUE CDD Meeker reviewed the staff report and requested Council hold a public hearing and take action. CDD Meeker confirmed that the Planning Department had mailed public notices for the July 9th Design Review and for the October 9th Planning Commission meeting. Mayor Nagel opened the public hearing. The following citizens spoke on the project: The appellant, Alison Russell, 1309 Cabrillo; Pat Giorni, 1445 Balboa; Jenna Vayer, Horticulturist; and Louis Bobrowsky, applicant's architect, responded to Council's questions regarding the balcony and landscaping trees. There were no further comments from the floor, and the hearing was closed. Council discussion followed: the balcony should be shallower, and the rail should be a solid structure made of wood - not stucco; use altemative-sized trees for landscaping; eliminate or move the balcony; move the window. Councilwoman Keighran made a motion to approve the project with the following changes and conditions: with regards to Condition 4, add that the balcony not be made of solid stucco material; wood is to be utilized for the balcony rail and shall include a decorative element atop the rail, reduce the depth of the balcony from 4 to 3 feet; and for landscaping, to use three magnolia trees: one 24" box and two 48" boxes; and that the existing fence located along the rear property line adjacent to 1309 Cabrillo Avenue shall be retained at its current height; seconded by Vice Mayor O'Mahony. The motion was approved by voice vote,3-2 (Baylock and Cohen dissented). Burlingame City Council Approved Minutes 57t November 5,2007 e.RECOGNITION OF CHRISTINE THORSTEINSON FOR HER VOLUNTEER EFFORTS b. PUBLIC HEARING AND ACTION ON ORDINANCE NO. 1813 TO AMEND TITLE 18 OF THE MUNICIPAL CODE TO ADOPT THE 2OO7 CALIFORNIA BUILDING CODES WITH LOCAL AMENDMENTS Building Official Cyr reviewed the staff report and requested Council hold a public hearing on the adoption of Ordinance No. 1 813 amending Title 1 8 of the Municipal Code to adopt the 2007 California Building Codes with local amendments. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Vice Mayor O'Mahony made a motion to approve adoption of Ordinance No. 1813 amending Title 18 of the Burlingame Municipal Code; adopting by reference the 2007 editions of the California Building Standards Code, California Code of Regulations, Title24 (CCR-T24), State Housing Law, the California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1, Section32 (CCR, T-25),1997 Uniform Administrative Code, and amendments and modifications thereto; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed CC Mortensen to publish a summary of the ordinance within 15 days of adoption and to file the findings and amendments with the California Building Standards Commission. c. ADOPT ORDINANCE NO. 1814 _ REVISIONS AND AMENDMENTS TO BURLINGAME MUNICIPAL CODE S17.04 AND ADOPT BY REFERENCE THE 2OO7 CALIFORNIA FIRE CODE AND THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE Fire Marshal Yballa reviewed the staff report and requested Council hold a public hearing on the adoption of Ordinance No. 1814 to adopt revisions and amendments to Municipal Code $17.04 and adopt by reference the 2007 California Fire Code and the 2006 Edition of the International Fire Code. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to approve adoption of Ordinance No. 1814 amending Title 17 of the Burlingame Municipal Code and adopting by reference the 2007 Califomia Fire Code (Title 24,Part 9, CFC) and the 2006 Edition of the Intemational Fire Code; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed CC Mortensen to publish a summary of the ordinance within 15 days of adoption. 7. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on infrastructure funding source. There were no further comments from the floor. STAFF REPORTS COMMUNICATIONS CONSIDER APPOINTMENT TO THE BEAUTIFICATION COMMISSION Councilwoman Baylock made a motion to reappoint Jeanne Carney to the Beautification Commissioner; seconded by Councilwoman Keighran. The motion was approved by voice vote, 5-0. Burlingame City Council Approved Minutes 8. a. 572 November 5,2007 b. CONSIDER THREE APPOINTMENTS TO PARKS AND RECREATION COMMISSION Vice Mayor O'Mahony made a motion to appoint Joe La Mariana to the Parks and Recreation Commission; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. - Councilman Cohen made a motion to appoint Colin Fisher; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to appoint Linda Carlton; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. CONSIDER TWO APPOINTMENTS TO THE TRAFFIC. SAFETY AND PARKING COMMISSION Councilman Cohen made a motion to reappoint Dan Conway to the Traffic, Safety and Parking Commission; seconded by Vice Mayor O'Mahony. The motion was approved unanimously by voice vote, 5-0. Vice Mayor O'Mahony made a motion to appoint Jerry McDonnell; seconded by Councilwoman Keighran. The motion was approved by voice vote,3-2 (Baylock and Cohen dissented). CA Anderson clarified that the dissenting votes represented a vote in favor of another applicant whom Councilmembers Baylock and Cohen had recommended before the motion was made. 9. CONSENT CALENDAR Councilman Cohen requested removal of Item a. from the Consent Calendar for further discussion. CA Anderson advised that Council met in Closed Session and directed staff regarding the following: Labor Negotiations pursuant to Government Code $54957.6: City Negotiators: Jim Nantell & Deidre Dolan Labor Organizations: BAMM; IAFF; Teamsters Local 856; Department Heads and Unrepresented Employees. b. RESOLUTION NO. 79-2007 ACCEPTING BURLINGAME SEWER SUBDIVISION PROJECT. PHASES I AND II DPW Murtuza requested Council approve Resolution No. 79-2007 accepting improvements of the Burlinghome Subdivision Sewer Rehabilitation Project Phases I and2, Project No. 81500. c.ADOPTION OF RESOLUTION NOS. 8O.2OO7 AND 81.2007 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT. EFFECTIVE JANUARY I. 2OO8 HRD Dolan requested Council approve Resolution No. 80-2007 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act for members of the American Federation of State, County and Municipal Employees Locals 829 and 2190, the Burlingame Association of Middle Managers, Department Head and Unrepresented Groups, the International Association of Fire Fighters, Police Association and the Association of Police Administrators, and Resolution No. 81-2007 frxing the employer's contribution under the Public Employees' Medical and Hospital Care Act for members of Fire Administrators. Burlingame City Council Approved Minutes 573 November 5,2007 c. d.APPROVAL OF LABOR AGREEMENT BURLINGAME ASSOCIATION OF MIDDLE MANAGERS HRD Dolan requested Council approve Resolution No. 82-2007 approving changes to the Memoranda of Understanding between the City of Burlingame and the Burlingame Association of Middle Managers and authorizing the City Manager to execute the Memorandum of Understanding on behalf of the City. e.WARRANTS & PAYROLL FinDir Nava requested approval for payment of Warrants #28003-28859 duly audited, in the amount of $3,196,584.46 (excluding Library checks #28003-28044); Payroll checks #169636-169850 in the amount of $2,649,125.74 for the month of September 2007. Councilwoman Keighran made a motion to approve Items b., c., d., and e. of the Consent Calendar; seconded by Vice Mayor O'Mahony. The motion was approved unanimously by voice vote, 5-0. a,ADOPT RESOLUTION NO. 78.2007 APPROVING ANNUAL REPORT OF THE ADVISORY BOARD OF THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT AND DECLARING INTENTION TO ESTABLISH ASSESSMENTS FOR THE 2OO8 YEAR FOR THE DISTRICT Councilman Cohen requested Anne LeClair, San Mateo County Convention and Visitors Bureau Finance Director, to provide Council with a future presentation by their Film Commission on how they promote our county's diversity. Ms. LeClair also responded to questions about the relationships the Bureau has developed with visiting sports teams and airline companies. Vice Mayor O'Mahony made a motion to approve the San Mateo County Tourism Business Improvement District Annual Report and to adopt Resolution No. 78-2007 declaring the City of Burlingame's intention to establish and levy assessments for the 2008 Year in the San Mateo County Tourism Business Improvement District; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Council reported on various events and committee meetings each of them attended on behalf of the City 11. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on cable service equipment. There were no further comments from the floor. Council set Decemb er 3, 2007 , as the hearing date for an appeal of a Taxi Permit ruling for VIP Taxi. The hearing is set for 6 p.m. Burlingame City Council Approved Minutes 574 November 5,2007 10. COUNCIL COMMITTEE REPORTS 12. OLD BUSINESS There was no old business. 13. NEW BUSINESS At Mayor Nagel's request, Fire Chief Dornell gave an update on the experiences of the fire personnel sent as part of a strike team to fight the Southem California wild fires. All personnel have returned to Central County Fire Department. At Mayor Nagel's request, Police Chief Van Etten related the investigative team's work which resulted in the apprehension of the suspect involved in the recent Highway 101 shooting. Mayor Nagel stated that the Baykeeper's allegations are posted on the City's website for public viewing. DPW Murtuza stated that the position of lnspector for the Burlingame and the Broadway downtown areas is expected to be filled during the first week of December. Also a cross-departmental team will be addressing litter problems in the downtown areas. Councilman Cohen requested FinDir Nava contact Comcast about providing program directory service as a basic service again to its subscribers rather than requiring the purchase of a converter box. At Councilman Cohen's request, CA Anderson explained that due to First Amendment rights, the City cannot ban political signs. 14. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, October 4,2007; Planning, October 22,2007 b. Department Reports: Police, September 2007 c. Two letters from Comcast with programming update and adjustments 15. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:55 p.m. in memory of Mary Lou Haseleu, long-time resident of Burlingame and mother of retired Burlingame Police Sergeant Eric Haseleu. Respectfully submitted, Doris City Clerk Burlingame City Council Approved Minutes 575 November 5,2007