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HomeMy WebLinkAboutMin - CC - 2006.05.01BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of May 1,2006 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 at7:04 p.m. 2, PLEDGE OF ALLEGIANCE TO THE FLAG Led by Rudy Horak. 3. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Cohen, Keighran, Nagel, O'Mahony None 5. a. 4. MINUTES One correction was made to the minutes of the April 17, 2006 regular Council meeting: Add to Item 12.b.: Councilwoman O'Mahony also stated that due to the continuing economic squeeze, Council was unable to have the City cover the cost of sidewalk work again this year; and that, regrettably, it was a broken campaign promise on her part. Councilwoman O'Mahony made a motion to approve the amended minutes of the April 17, 2006 regular Council meeting; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 4-0-1 (Keighran abstained). FEEDBACK ON TRAINING EXPERIENCE OF CITY PERSONNEL AT EMERGENCY MANAGEMENT INSTITUTE IN EMMITSBURG, MD Fire Chief Reilly introduced Police Sergeant Jim Ford who provided a brief presentation on the emergency training of City personnel at the Emergency Management Institute. There were 72 key representatives from throughout the county who attended this training, which was specifically designed for a San Mateo County- wide disaster. Fire Chief Reilly stated that this class was evaluated and received a very high rating. The Fire Department will provide disaster-preparedness information to the public at their annual pancake breakfast in June. A free training class is available to the public entitled, Preparing for Emergencies, on July 20,7-9 p.m., at the Recreation Center. 6, PUBLIC HEARINGS Burlingame City Council Approved Minutes 364 May 1,2006 PRESENTATION a.(i) CONSIDER ADO PTION OF URGENCY ORDINANCE 1781 TO ALLOW PLANNING COMMISSION TO APPROVE ON OF CONSTRUCTION HOURS FOR PARKING GARAGE CONSTRU ON AT PENINSULA HOSPITAL SITE THROUGH SEPTEMBER 2006 AND (ii) CONSIDER INTRODUCTION OF AN Mayor Baylock recognized the applicant, Hospital Replacement Project Manager Oren Reinbolt, who stated that the current construction schedule is about two months behind due to the rains this year and requested approval to extend construction hours temporarily for the parking garage to 9 p.m. weekdays, an earlier start time of 8 a.m. on Saturdays, and to allow construction on Sundays through September,2006. Mayor Baylock opened the public hearing. The following citizens spoke: Victor Richmond, 1653 Balboa Avenue; Steve Dambrosio, 1504 Davis Drive; Kevin Nelson, 1654 Albemarle Way; Cristo Daskalakis, 836 Fairfield Road; Kathy Smith, 1 81 1 Davis Drive; Terry Huebner, 1708 Davis Drive; and Pat Giorni, 1445 Balboa Avenue. Mr. Reinbolt responded to citizen comments and advised residents to report violations by calling his offrce at 696-5424 or Police Dispatch at777-4100, and for after-hours, the hospital at 696-5400 and ask for Administrator on call. There were no further comments from the floor, and the hearing was closed. Council expressed concern that citizen complaints are not receiving adequate responses and requested the hospital publicize telephone numbers to report problems. Since this project is a community-wide benefit, Council suggested the following items that the Planning Commission might want to consider to decide what hours would be amended to the conditions of approval for the project: allow current construction hours on weekdays except for a two-hour extension to 9 p.m. one or two days a week, use current hours on Sundays, and on Saturdays extend the hours to begin at 8 a.m., require monthly reviews on progress/complaints, impose fines for violations, and allow the extension of construction hours until September 1 ,2006. Councilman Cohen expressed his disappointment that the Mitigation Panel did not address this issue and was concerned that a request for extension of construction hours is being made at the beginning of a project, which would set a dangerous precedent; therefore, he would not support this request. Mayor Baylock requested CC Mortensen read the title of the proposed urgency ordinance to adopt an interim amendment to the hours of construction allowed by Section 18.07.110 to allow the Planning Commission approval of extended hours for the construction of the parking garage for Peninsula Hospital. Councilwoman O'Mahony made a motion to waive further reading of the proposed urgency ordinance; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 4-1 (Cohen dissented). Mayor Baylock made a motion to adopt Urgency Ordinance No. 1781, amended to include a monthly review by the Planning Commission, and to allow extension of construction hours until September 1, 2006; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 4-1 (Cohen dissented). Mayor Baylock directed CC Mortensen to publish a summary of the ordinance within 15 days of adoption. Mayor Baylock requested CC Mortensen read the title of the proposed ordinance to follow on Urgency Ordinance No. 1781 adopting an interim amendment to the hours of construction to allow the Planning Commission approval to extend hours for the construction of the parking garuge for Peninsula Hospital. Councilwoman O'Mahony 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. Burlingame City Council Approved Minutes 36s May 1,2006 ORDINANCE TO FOLLOW ON THE URGENCY ORDINANCE Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved by voice vote, 4-l (Cohen dissented). Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. b. APPEAL OF PLANNING COMMISSIO APPROVAL OF DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A NEW TWO-STORY SINGLE FAMILY G AND DETACHED GARAGE AT 1416 BALBOA AVENUE CP Monroe reviewed the staff report and requested Council hold a public hearing and consider the appeal of Planning Commission's approval of the design review and special permits for height and declining height envelope for a new two-story single family dwelling and detached garage at 1416 Balboa Avenue. CP Monroe read Condition No. 1 and the amended Condition No. 4. Councilwoman Keighran stated that although she was a Planning Commissioner at the time this item was being considered by the Planning Commission, she did not participate in the final vote process; therefore, she is able to participate in the appeal process for this item. After some discussion, Council expressed specific interest in protection of the privacy tree and its roots, requiring the repair and maintenance of the retaining wall, and adding a condition for the salvaging of architectural details on the original house. Mayor Baylock opened the public hearing. The applicant was not present. The following citizens allotted their comment time to Pat Giorni: Diana Mason, 1451 Balboa; John Fallon, 1412 Balboa; Ray Mason, 1451 Balboa; and Bob Giorni, 1445 Balboa. Pat Giomi, 1445 Balboa Avenue, requested the addition of several conditions. There were no further comments; and the hearing was closed. After Council discussion, Councilwoman Keighran requested this item be continued to the next regular Council meeting since the applicant was not present. Vice Mayor Nagel made a motion to continue this item to the next regular Council meeting; seconded by Councilwoman O'Mahony. The motion was approved by voice vote, 4-1 (Baylock dissented). Mayor Baylock declared a five-minute intermission at 9:55 p.m.; then reconvened the meeting at 10:00 p.m. RESOLUTION NO. 27-2006 APPROVING THE FY 2006-07 MASTER FEE SCHEDULE FOR CITY SERVICES FinDir Nava reviewed the staff report and requested Council hold a public hearing and approve a resolution approving the FY 2006-07 Master Fee Schedule for City services. Vice Mayor Nagel stated her approval of the reduced Block Party Permit fee. Councilman Cohen requested consideration of adding a film production fee. FinDir Nava advised we currently issue a Special Event Permit for film production. For future consideration, we would confer with the San Mateo County Convention and Visitors Bureau since they recruit film companies to this area. Burlingame City Council Approved Minutes c. 366 May 1,2006 8. a. Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve Resolution No. 27-2006, approvin92006 Master Fee Schedule for City services; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS There were no comments from the floor. Councilwoman Keighran encouraged Peninsula Hospital neighbors to document any complaint calls they make and to bring the information to any meetings they attend on hospital construction. STAFF REPORTS AND COMMUNICATIONS CONSIDER APPOINTMENT TO PLANNING COMMISSION Councilwoman O'Mahony made a motion to reappoint Stanley Vistica as Planning Commissioner; seconded by Councilwoman Keighran. The motion was unanimously approved by voice vote, 5-0. Councilwoman Keighran had worked with Commissioner Vistica as a Planning Commissioner and commended him on his diligence and diplomacy. WITH THE INDUSTRIAL WASTE DISCHARGE PROGRAM FOR 2006.07.2007.08 AND 2008-09 DPW Bagdon reviewed the staff report and requested Council introduce an ordinance amending fees and penalties associated with the Industrial Waste Discharge Program for 2006-07 ,2007 -08, and 2008-09. Mayor Baylock requested CC Mortensen read the title of the proposed ordinance amending fees and establishing penalties associated with the Industrial Waste Discharge Program for 2006-07, 2007-08 and 2008-09. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Councilwoman O'Mahony 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 Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. c.INTRODUCE ORDINANCE ESTABLISHING WATER RATES FOR FISCAL YEARS 2006- 07,2007-08 AND 2008-09 DPW Bagdon reviewed the staff report and requested Council introduce an ordinance establishing water rates for FY 2006-07,2007-08, and 2008-09. Burlingame City Council Approved Minutes 367 May 1,2006 b. INTRODUCE ORDTNANCE FOR AMENDING FEES AND PENALTIES ASSOCIATED Mayor Baylock requested CC Mortensen read the title of the ordinance adopting revisions to rates and fees for water service. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. d. INTRODUCE ORDINANCE ESTABLISHIN SEWER RATES FOR FISCAL YEARS 2006- 07.2007-08 AND 2008-09 DPW Bagdon reviewed the staff report and requested Council introduce an ordinance establishing sewer rates for FY 2006-07,2007-08, and 2008-09. Mayor Baylock requested CC Mortensen read the title of the ordinance amending Chapter 15.08 establishing wastewater collection rates and charges. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. e.INTRODUCE STOP SIGN ORDINANCE FOR CORTEZ AVENUE AND SHERMAN AVENUE DPW Bagdon reviewed the staff report and requested Council introduce an ordinance to install stop signs at Cortez and Sherman Avenues. Mayor Baylock requested CC Mortensen read the title of the ordinance amending Section 13.20.010 for installation of stop signs at the intersection of Cortez Avenue and Sherman Avenue. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. INTRODUCE ORDINANCE TO CHANGE AND INCREASE THE COST FOR THE ANNUAL OVERNIGHT PUBLIC STREET PARKING PERMITS COP Van Etten reviewed the staff report and requested Council introduce an ordinance to change and increase the cost for the annual overnight public street Parking Permits from $4 to $10. 368 Burlingame City Council May l, 2006 Approved Minutes f. Mayor Baylock requested CC Mortensen read the title of the ordinance amending Section 13.32.080 to increase the annual fee for overnight parking permits. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. o APPRO VE RESOLUTION NO. 28-2006 TO GE THE EXISTING FEES ASSOCIATED WITH THE ALARM PERMIT AND FALSE ALARMS COP Van Etten reviewed the staff report and requested Council approve a resolution to change the existing fees associated with the Arurual Alarm Permit and False Alarms. Vice Mayor Nagel made a motion to make no changes to the existing fees; seconded by Councilwoman O'Mahony. Councilman Cohen suggested a tiered fee schedule where businesses paid a higher fee to offset some of the costs. Mayor Baylock suggested the motion be amended to set a fee for false alarms with no permit at $150. Councilwoman Keighran would not support the motion since citizens already pay for alarm installation and a monitoring fee to their security system. - Vice Mayor Nagel amended the motion to approve Resolution No. 28-2006 to make no changes to the existing fees, except to amend the fee to be charged for false alarms with no permit at $150; seconded by Councilwoman O'Mahony. The motion was approved by voice vote 3-2 (Cohen and Keighran dissented). 9 CONSENT CALENDAR Councilwoman O'Mahony requested removal of Item d. from the Consent Calendar for further discussion. a. ADOPT ORDINAN CE NO. 1782 TO AMEND THE CO FOR POLICE EMPLOYEES WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) AND THE CITY OF BURLINGAME HRD Dolan requested Council hold a public hearing on the adoption of Ordinance No. 1782 amending the contract between the City of Burlingame and CaIPERS to provide Section 21362.2 benefits (3% at 50 full formula) to local Police members. There were no comments from the floor. CC Mortensen will publish a summary of the ordinance within 15 days of adoption. b.RESOLUTI ON NO. 29-2006 APPROVING HE PURCHASE OF A PORTION OF THE FRANKLIN SCHOO L PROPERTY FOR THE TROUSDALE STATION AND AUTHORIZING THE CITY MANAGER TO SIGN A SALE AND PURCHASE AGREEMENT TO EXECUTE ESCROW INSTRUCTIONS AND TO ACCEPT THE DEED FROM THE BURLINGAME ELEMENTARY SCHOOL DISTRICT: AND APPROVING MITIGATED NEGATIVE DECLARATION NO. ND.s4O-P 369 Burlingame City Council Approved Minutes May 1,2006 DPW Bagdon requested Council approve Resolution No. 29-2006 approving Negative Declaration and the purchase and sale agreement between the City and the Burlingame Elementary School district and to accept Grant Deed for property to construct new potable water pump station at2385 Trousdale Drive. RESOLUTION NO. 30-2006 APPROVING PROFESSIONAL SERVICES AGREEMENT WITH OLIVIA CHEN CONSULTANTS FOR THE DESIGN OF THE TROUSDALE PUMP c STATION AND TROUSDALE TRANSMISSION MAIN DPW Bagdon requested Council approve Resolution No. 30-2006 authorizing execution of professional services agreement with Olivia Chen Consultants for the design of Trousdale Pump Station and Trousdale Transmission Main. e,REOUEST TO ATTEND OUT OF STATE CONFERENCE Lib Escoffier requested Council approve out of state attendance at Innovative Users Group in Denver, Colorado for Library personnel. Councilman Cohen made a motion to approve Items a.,b., c., and e. of the Consent Calendar; seconded by Councilwoman O'Mahony. Approved unanimously by voice vote, 5-0. d. RESOLUTION NO. 3I.2006 APPROVING EMENT AMENDMENT NO.3 WITH PARKING COMPANY OF AMERICA FOR SHUTTLE SERVICES Councilwoman O'Mahony expressed concern about the7.2o/o decrease in ridership since last year on the North Burlingame Shuttle as reported recently by the Peninsula Congestion Relief Traffic Alliance. Councilman Cohen stated that the cost per passenger rate on all of the shuttles is exorbitant. He attended a recent Alliance meeting where they discussed creating an aggressive marketing plan designed to increase ridership targeting seniors and youths. Councilwoman O'Mahony made a motion to approve Resolution No. 3l-2006, Agreement Amendment No. 3 to agreement with Parking Company of America; seconded by Vice Mayor Nagel. Approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City 11. PUBLIC COMMENTS There were no comments from the floor. 12. oLD SS Vice Mayor Nagel asked for the status of the 30 mph speed limit signs on California Drive, Rollins Road, and Airport Boulevard. DPW Bagdon stated that the Traffic, Safety and Parking Commission would be reviewing the accident history for those streets to determine if the 30 mph speed limit would be appropriate. COP Van Etten stated that in the meantime, the police would continue to enforce the 35 mph speed limit. Burlingame City Council Approved Minutes 370 May 1,2006 13. NEW BUSINESS Councilman Cohen stated that a recent house demolition occurred without a permit; and the penalty was about $188, which reinforced the need to examine our demolition policy and penalties as mentioned at Council's Goal Setting session. DPW Bagdon advised that a Planning Commission subcommittee would be evaluating this policy with Planning and Public Works. CP Monroe advised that there would be a presentation of the Downtown Economic Study Findings to be held on May 24th at 6:30 p.m. in the Lane Room. The findings also would be presented to Council at their regular meeting on June 5th. 14. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, April 6,2006; Library, March 28,2006; Planning, Apir|24,2006 b. Letter from Burlingame Chamber of Commerce conceming zoningchanges 15. ADJOURNMENT Mayor Baylock adjoumed the meeting at I 1:30 p.m. in memory of Rabbi Raiskin, founder of Peninsula Temple Sholom, Fatih Kuc, son of Sabite and Ali Kuc, and Susan Hoeck, mother of Jeff and Ken Hoeck. Respectfully submitted, Doris J. Mortensen City Clerk Burlingame City Council Approved Minutes 371 May 1,2006 \,