The URL can be used to link to this page

Home My WebLink AboutMin - CC - 2002.01.07a. BURLINGAME CITY COUNCIL MINUTES Regular Meeting of January 7r2002 CLOSED SESSION Pending Litigation (Government Code $ 5a956.9(a)): Louis Marini vs. City of Burlingame, San Mateo Superior Court Case No. C\/ 419382 CA Anderson stated Council was updated on the current status of the above litigation. b. Threatened Litigation (Government Code $ 54956.9(bX1), (3Xc) Demand of State of Califomia CA Anderson stated Council discussed a threatened litigation demand from the State of California with the City Manager, City Planner and City Attomey. 1. REGULAR MEETING CALLED TO ORDER A regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:04 p.m. by Mayor Mary Janney. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Fire Chief Bill Reilly 3. ROLL CALL Council Present: Council Absent: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY None 4. MINUTES Vice Mayor Coffey made a motion to approve the minutes of the Special Council Meeting held Novenrber 28,2001; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. Councih,voman O'Mahony made a motion to approve the minutes of the Regular Council Meeting held December 3,2007; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. Cor-rncilman Galligan made a motion to approve the minutes of the Special Council Meeting held December 17,2001; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Br.rrlingan.re City Council 425 January I ,2002 ffiW 5. CEREMONIAL Fire Chief Reilly swore in rrewly appointed Deputy Fire Marshal, Roque Yballa. DFM Yballa's badge was presented to him by his wife, Christine. 6. PUBLIC HEARINGS a. Adopt Ordinance #1676 Revising Fees for Water Service (Flow Tests. Temporarv Water Services and Meter Installations) ADPW Erbacher recommended Council adopt Ordinance #1,676 to revise fees for water service (flow tests, temporary water service and meter installations). The existing water rates and connection fees were adopted by Council on July 16,2001; however, certain other fees relating to water services were not included in the adopted Ordinance. Mayor Jarurey opened the public hearing. Ray Moss, 1837 Hunt Drive, had a concern regardir-rg his water bill; ADPW Erbacher was directed to follow up with Mr. Moss about his concerns. Councilwoman O'Mahony made a motion to adopt Ordinance #1676 revise fees for water service; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. b.Request for permit to keep dops. 7252 Caolchino Avenue CA Anderson recommended Council hold a public hearing to determine whether or not Mr. Bill Roper and Ms. Kyle Matthews, owners of 1252 Capuchino, will be allorved to keep three dogs at their residence. The city Ordinance allorvs no more than two dogs without a permit. Mayor Janney opened the public hearing. Bill Roper, owner of 1252 Capuchino, spoke to Council about his desire to be able to obtain a permit to keep his three dogs. Ron Drabkin, 1224 Capuchino, spoke against Mr. Roper obtaining the penlit. There were no other comments from the floor and the hearing was closed. Vice Mayor Coffey made a motion to approve the special permit to allow three dogs at 1252 Capuchino Avenue with the conditions that the permit be for only these three specific dogs, that a police officer will inspect the fence for strength and safety, and that if there are any future complaints, the Code Enforcement Officer will notify Council and make a recomlnendation regarding the pennit; the findings to grant the permit are that the couple moved to Burlingame already owning the three dogs and did not know about the Ordinance; also, there has not been any indication that these dogs will be trouble to the neighborhood; seconded by Councilwoman Baylock, approved by voice vote, 3-2, with Councilwomar-t O'Mahony and Councilman Galligan dissenting, 7. PUBLIC COMMENTS Mr. Chip Coleman, 2308 Hale Drive, Mrs. Magson, 800 Maple, representatives from Baha'i Faith Cornmunity, spoke regarding an event called "World Region Day". They also read a prayer and gave a copy to Council. Mr. Rich McGough, 1712 Davis Drive, spoke regarding the proposed Ordinance Burlingame City Council 426 January 7,2002 ' : :'ri', i't restricting hours of loading and unloading and favored 8 a.m. on Saturday, Sunday and holidays for hours rather than 9 a.m. STAFF REPORTS AND COMMUNICATIONS Review of the Draft 2 l-2006 Housins Element Prior to Submittal the State of California CP Monroe requested the Council review the proposed Draft of the 2001-2006 Housing Element; Mayor Janney noted there may be members of the public in attendance who may wish to speak; she would give them an opportunity after the Council had commented on CP Monroe's presentation. CA Anderson discussed the state mandated requirements for Housing Elements and the ABAG "fair share" requirements. CP Monroe presented the major components of the proposed draft 2001-2006 Housing Element. Council members asked about the Second Unit Amnesty Program suggesting that when it is extended the city might consider making it more flexible in terms of parking requirements and owner occupancy; they inquired about the building height limits at the north end of the city and the aviation easement requirements; can the plan as proposed be effective if the area at the south end of the city is zoned R-3 instead of R-4; increasing the density on Rollins Road south of Bloomfield does not meet a transit oriented standard; the sites selected for the plan shows the potential for 774 dvtelling units when we are only required to provide for 565, should the number be closer to 565; because of its proximity to Millbrae and BART, owners of the Plaza Shopping Center should be encouraged to build a mix use on that site; feel it is a good idea to report the number of hours spent preparing this document. Mayor Janney noted that this item had been widely noticed to the public and then asked for any comments from the floor. Mr. Leigh Tanton, Linden Avenue, commented on the current Second Unit Amnesty Program from the perspective of a participant, he noted that the on-site parking requirements were too high and asked that they be reduced; he noted that in his opinion as long as second units were allowed to continue as nonconforming uses, property owners with them on their sites will not come forward for amnesty. There were no other comments from the floor and the public comment was closed. Council continued their comments: Feel that the document is ready to be forwarded to the state Department of Housing and Community Development for review, the comments raised this evening will be addressed as the action program is implemented; the Planning Commission and Council will also be reviewing this item again after the state has commented and before it is amended to the City's General Plan. Changes can be made at that time if necessary. Councilwoman Baylock noted that while the document should be sent forward, she wanted it noted in the record that she preferred R-3 to R-4 as the implementing overlay zoning in the area south of Burlingame Avenue. Vice Mayor Coffey moved and Councilwoman O'Mahony seconded that the Draft of the 2001-2006 Housing Element should be forwarded to the state for review. The vote was 5-0. Mayor Janney thanked staff for a job well done, parlicularly to all the members of the Planning staff who contributed individually to the preparation of this excellent document. 8. a. for Compliance Review Burlingame City Council 427 January 1 ,2002 b. eonsider Introductiqry ot Ordinance Restricting Hours for Loading a[d Unloadiag that Causes a Noise Disturbance in a Residential District CA Anderson recommended Council discuss and consider introduction of an Ordinance to restrict hours for loading and unloading of trucks in commercial areas that are immediately adjacent to residential districts. The Burlingame General Plan provides a "quiet time" between 10:00 p.m. to 7:00 a.m. where obtrusive noise should be avoided. The neighbors and PeninsLrla Hospital have been working together trying to come to some arrangement in regards to deliveries that would meet the hospitals needs and also safeguard the peace and quiet ofthe neighbors. Mayor Janney requested the City Clerk read the title of the proposed Ordinance. Councilwoman O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. Councilman Galligan made a motion to introduce an Ordinance restricting hours for loading and unloading between the hours of 10:00 p.m. to 8:00 a.rn. Saturdays, Sundays and holidays and from 10:00 p.m. to 7:00 a.m. Monday thru Friday; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Mayor Janney requested the City Clerk publish a summary of the proposed Ordinance at least five days before introduction. c. Adopt Resolution of #04-2002 to Consider Removal of the Citv of Dalv Citv from Boundaries of San M Countv Tourism Business Improvement D and 2) Introduce Ordinance Amendi s District to remove Daly City from aries of District CA Anderson recommended Council adopt Resolution #04-2002 to consider removal of the City of Daly City from the boundaries of the San Mateo County Touristn Business Improvement District setting a public hearing on February 4,2002 and introduce an Ordinance to remove Daly City frorn the District. Vice Mayor Coffey made a motion to adopt Resolution #04-2002 to Consider Removal of the City of Daly City from Boundaries of San Mateo County Tourism Business Improvement District; seconded by Councilman Galligan, approved unanimously by voice votc, 5-0. Mayor Janney requested the City Clerk read the title of the proposed Ordinance. Councilman Galligan made a motion to waive further reading of the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Councilman Galligan made a motion to iutroduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Mayor Janney requested the City Clerk publislt a summary of the Ordinance at least five days before proposed adoption. 9. CONSENT CALENDAR a. Resolution #03-2002 Acceptins Burlinsame Shoreland Easement Sewer Rehabilitation ADPW Erbacher recommended that Council approve Resolution #03-2002 accepting the Burlingame Shoreland Easement Sewer Rehabilitation project constructed by Darcy and Harty Construction of San Francisco in the amount of $323,955. 428 Burlingame City Council January 7,2002 b. Resolution #02-2002 Authorizine Ad Asreement and Grant - BART Shuttle and Resolution #01-2002 Authorizins Administration and Agreement and Grant - CalTrain Shuttle ACM Becker recommended Council approve Resolutions #0I-2002 and 02-2002 authorizing agreements with Peninsula Corridor Joint Powers Board (JPB) for administration of Burlingame shuttle buses. City Librarian Escoffier requested Council approve out of state travel for himself and four library program managers to attend the Public Library Association Conference in Phoenix, AZ, March 12 to March 16,2002. d. Warrants and Pavroll" November,200l ACM Becker requested approval for payments of Warrants #79600-80087, duly audited, in the amount of $2,260,887.19, excluding library checks #79943-79990, Payroll checks 143155-144010 in the amount of $1,514,891 .37 for November, 2001, and EFT's for the month of November,200l in the amount of $356,886.92. e.Status of RCN Fiber Cable Installation ACM Becker presented to Council a status report on the RCN Fiber Cable Installation. Approve Unit Reduction for Assessment Basis for Bel-Mateo Motel from 32 units to 23 units under the San Mateo County Tourism Business Implqttglnent District CA Anderson recommended Council approve the reduction in unit count for assessment basis for Bel- Mateo Motel from32 units to 23 units. Councilwoman O'Mahony made a motion to approve the consent calendar; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City 11. OLD BUSINESS Councilwoman O'Mahony suggested staff arrange to have a presentation on the C/CAG Traffic Deficiency presentation at an upcoming rneeting. CM Nantell noted there is a conflict regarding the Yearly Goal Setting meeting scheduled for Saturday, January 26. After a brief discussion, Council changed the date for the meeting to Saturday, Febmary 2. f. Burlingame City Council 429 January 7 ,2002 c. Request from City Librarian to Attend Out of State Conference in Arizona 12, NEW BUSINESS CP Monroe requested Council set a public hearing for ll47 Rollins Road, Mr. and Mrs. Greco, owners of a service station who are appealing the Planning Comrnissions decision to deny the application for a conditional use permit. Public Hearing be set for February 4'h appealing the Planning Cornrnission decision for 1509 Los Montes Drive. 13. ACKNO DGEMENTS a. Commission Minutes: Planning, December 10 & 19, 2001 Beautification, December 6; Traffic, December 13, 2001 ; Library, November 13, 2001 b. Department Reports: Building, November,200l; Finance, November 30, 2001; Police, November, 200r c. Letter from Dorothy Azevedo-Scorpiniti, regarding BART corning to Burlingame d. Letter from Mary MacDonald, 342 Elm Street, San Mateo, regarding dangerous pedestrian crosswalk at California and Lorton; response frorn ADPW Frank Erbacher. 14. ADJOURNMENT Mayor Janney adjourned the meeting at 8:55 p.rn. in memory of both Mr. Al Baggiani and Mr. Dan Kain, who recently passed away. Respectfr,r lly subniitted, n4/,1/,4D Ann T City Clerk Burlingame City Council 430 Jarruary 7.2002