The URL can be used to link to this page

Home My WebLink AboutMin - CC - 2002.11.04BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of November 412002 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 7:00 p.m. by Mayor Mary Janney. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Anne LeClaire 3. ROLL CALL Council Present: Council Absent: Baylock, Coffey, Galligan, Janney, O'Mahony None 4. MINUTES Councilwoman O'Mahony made a motion to approve the minutes of the October 21,2002 Council meeting and the October 29,2002 study meeting; seconded by Vice Mayor Coffey, approved unanimously by voice vote,5-0. 5. CEREMONIAL A proclamation was issued to Will Holsinger recognizing his efforts for the "Unity in the Light" event. 6. PUBLIC HEARINGS Mayor Janney noted item 8f) was moved to item 6e). a.ADOPT ORDINAI\CE #1698 TO REDUCE MEMBERSHIP OF THE CIVIL SERVICE COMMISSION FROM SEVEN (7) TO FIVE (5) MEMBERS DHR Bell requested Council hold a public hearing to adopt Ordinance #1698 to reduce the membership of the Civil Service Commission from seven (7) members to five (5) members. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Burlingame City Council s37 November 4,2002 Councilwoman O'Mahony made a motion to adopt Ordinance #1698 to reduce the membership of the Civil Service Commission from seven (7) members to five (5) members; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a sunmary of Ordinance #1698 at least 15 days before proposed adoption. b. PUBLIC HEARING ON PROPOSED 2OO3 ASSESSMENTS FOR SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT AI\D RESOLUTION CONTINUING HEARING TO DECEMBER 2. 2OO2 ACM Becker requested Council adopt Resolution #120-2002 to continue the public hearing for the 2003 assessments for the San Mateo County Business Improvement District to December 2,2002. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Councilman Galligan made a motion to continue the public hearing for the 2003 assessments for the San Mateo County Business Improvement District to December 2,2002; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. c. APPEAL OLREOUEST FOR DESIGN REVIEW. VARIANCES FOR SIDE SETBACK AI\D FLOOR AREA RATIO. AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION AT 1336 CARLOS AVENUE Councilman Galligan recused himself as he lives within 500 feet of 1336 Carlos Avenue. CP Monroe requested Council hold a public hearing and make a determination on the appeal of a request for design review, variances for a side setback and floor area ratio, and special permits for height and declining height envelope for a first and second story addition at 1336 Carlos Avenue. Mayor Janney opened the public hearing and Eric Johnson, property owner, represented the project. Following his presentation and discussion with council members regarding the side setback, floor area ratio, declining height envelope floor area ratio and height requests Mayor Janney closed the public hearing. Vice Mayor Coffey noted the need to look at the size, layout and limitations caused by the nrurowness of the existing house; felt that a good job was done of balancing the architectural integrity of the house with the applicant's needs. Vice Mayor Coffey moved to approve the project as submitted by resolution with the conditions in the staff report. The motion was seconded by Councilwoman Janney. Mayor Janney called for a voice vote on the motion to approve. The motion failed with a voice vote 2-2-l (Councilmembers O'Mahony and Baylock dissenting, Councilman Galligan abstaining). Councilwoman O'Mahony moved to deny the project without prejudice and send it back to the Planning November 4,2002 s38 Burlingame City Cotrncil Mayor Janney called for a voice vote on the motion to deny without prejudice and send the application back to the Planning Commission for further consideration and reduction of the floor area ratio variance requested. The motion passed on a 4-0-1 (Councilman Galligan abstaining) voice vote. Councilman Galligan resumed his seat. d. APPEAL OF DENIAL OF MASTER SIGNAGE PROGRAM AND SIGN VARIANCES FOR SIGN AREA AND HEIGHT ON THE SECONDARY FRONTAGE AT 380 LANG ROAI) CP Monroe requested Council hold a public hearing and make a determination on the appeal of denial of master signage program and sign variances for sign area and height on the secondary frontage at 380 Lang Road. Mayor Janney opened the public hearing and Mark Hudak, attorney, represented the project. Mike Spinelli, 1301 Mills Avenue, also spoke in support of the request. Council discussion included noting that if the action tonight is to be a determination on which is the primary frontage for signage on this site, the item would need to be continued since a determination was not noticed for tonight. Council also noted support for the finding of the Planning Commission that the proposed sign on the secondary frontage facing the freeway was just too big, more like a billboard, and noted that signage should be more like that on the Hayman property across the street. Vice Mayor Coffey moved to deny this application without prejudice and return it to the Planning Commission with the direction that the wall sign facing US 101 be redesigned with letters 21 inches tall except for the "f in California, which should be proportional to the 2l inch letters but consistent with the frrm's logo, and that the symbol logo not exceed 36 inches in diameter and that the wall sign be raised to be a parapet sign appropriately located as determined by the Planning Commission. Councilwoman O'Mahony seconded the motion. Mayor Janney called for a voice vote on the motion to deny without prejudice and return the application to back to the Planning Commission with direction. The motion passed on a 5-0 voice vote. e.CONSIDER APPROVAL OF RESO LUTION #II9.2OO2 AND AMENDMENT TO APPROVE LEASE OF PROPERTY AT 783 CALIFORNIA DRIVE FOR USE AS A TEEN CENTER PRD Schwartz recommended Council review and consider approval of the lease and amendment at783 California Drive for use as a teen center; noted Council has agreed with the Parks & Recreation Commission to form a fund-raising committee. If the lease is approved, the fund raising committee will begin meeting this weekend. One of the provisions asked to put back into the amendment was to give the City a trial period so that the fund-raising committee could research if there were funds available to continue the project for the entire two years of the lease and the subsequent options thereafter. The amendment has called for the contract to begin November I,2002 and to continue through the end of March 2003. The City wouid not be completing some of the major improvements at this time until funding for the full lease is available. The lease during the trial period would be cut in half, except November would be given at no cost. Burlingame City Council 539 November 4,2002 Commission noting that Council was not concerned with the side setback, special permit for height or declining height exception, but that the floor area variance request needs to be reduced by 100 to 150 SF. The motion was seconded by Councilwoman Baylock. Mayor Janney opened the public hearing. There were no comments from the floor and the hearing was closed. Vice Mayor Coffey made a motion to direct the City Manager to sign and approve the lease as amended; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS There were no public comments. 8. STAFF REPORTS AND COMMUNICATIONS a.INTRODUCE AI\ ORDINANCE TO REZONE THE PROPERTY AT 350 BEACH ROAI) FROM C.4 WATERFRONT COMMERCIAL TO O.M OFFICE MANUFACTURING CP Monroe requested Council introduce an ordinance to rezone the property at 350 Beach Road from C-4 Waterfront Commercial to O-M Office Manufacturing. Mayor Janney requested CC Musso read a summary of the proposed ordinance. Councilwoman O'Mahony made a motion to waive further reading of the ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to introduce the proposed ordinance; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a summary of the proposed ordinance at least five days before proposed adoption. b. INTRODUCE ORDINANCE TO AMEND TITLE 18 TO REMOVE CERTAIN REFERENCES TO PEX AI\D CPVC PIPES IN CERTAIN WATER SYSTEMS CA Anderson requested Council introduce an Ordinance to amend Title 18 to remove certain references to PEX and CPVC pipe and fittings in certain water systems. Mayor Janney requested CC Musso read a summary of the proposed ordinance. Vice Mayor Coffey made a motion to waive further reading of the ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. Councilman Galligan made a motion to introduce the proposed ordinance; seconded by Vice Mayor Coffey, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a summary of the proposed ordinance at least five days before November 4,2002 540 Burlingame City Council proposed adoption. c.INTRODUCE ORDINANCE TO CONTROL NUISANCES CREATED BY BIRDS IN COMMERCIAL AREAS,INCLUDING PROHIBITION ON FEEDING OF ANIMALS AND BIRDS ON PUBLIC PROPERTY OR PRIVATE PROPERTY WITHOUT PERMISSION CA Anderson requested Council consider and discuss possible approaches to control nuisance created by birds in commercial areas, and if the Council wishes, introduce an ordinance that would control feeding of birds and animals on public or private property. Mayor Janney requested CC Musso read a summary of the proposed ordinance. Councilwoman O'Mahony made a motion to waive further reading of the ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to introduce the proposed ordinance; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. Mayor Janney requested CC Musso publish a sunmary of the proposed ordinance at least five days before proposed adoption. d. COMMISSION APPOINTMENTS (TRAFFIC. SAFETY & PARIilNG _ 2I CIVIL SERVICE _ Councilman Galligan noted an interview was not conducted for the Civil Service Commission as the incumbent and only person who applied for the position was Doug Schwartz. Councilman Galligan made a motion to appoint Doug Schwartz; seconded by Vice Mayor Coffey. Councilwoman Baylock wanted to clarify that it was agreed that all commissioners who apply be interviewed and that there is no provision in the Resolution to waive the interview process. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Coffey made a motion to appoint Russ Cohen to the Traffic, Safety and Parking Commission; seconded by Councilwoman O'Mahony, approved by voice vote, 4-1, with Councilman Galligan dissenting. Vice Mayor Coffey made a motion to appoint Steve Warden to the Traffic, Safety and Parking Commission; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. e. FIRST OUARTER BUDGET STATUS REPORT ACM Becker presented Council with a quarterly report on the status of the 2002103 budget. 9. CONSENT CALENDAR Item # 9d was removed from the consent calendar and will be brought to Council at the November 18,2002 meeting. a.APPROYE INCREASE IN THE REGISTRATION FEE FOR RECREATION CLASSES FROM $3.00 To $6.00 1) Burlingame City Council 541 November 4,2002 P&R Director Schwartz recommended Council approve an increase in the registration fee for classes from $3.00 to $6.00. b. APPOINTMENT OF MEMBERS OF ADVISORY BOARD FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT BEGINNING WITH THE 2OO3 TERM CA Anderson recommended Council appoint members to an advisory board for the San Mateo County Tourism Business Improvement District beginning with the 2003 term. c. AMENDMENT TO SPECIAL ENCROACHMENT PERMIT AT 1427 CHAPIN AVENUE (BURLINGAME GARDEN CENTER) AND CITY PARKING LOT 8.1 DPW Bagdon recommended Council approve the proposed amendment to the special encroachment permit for 1427 Chapin Avenue. d. APPROVAL TO CAI\CEL DECEMBER 16.2002 CITY COUNCIL MEETING AI\D APPROVE THE 2OO3 CITY COUNCIL CALENDAR CC Musso requested Council cancel the December 16,2002 City Council meeting and approve the 2003 City Council Calendar. e. AUTHORIZE CITY ATTORNEY TO JOIN IN AMICUS CURIAE BRIEF IN BARDEN VS. clrv on sacnaurNro (zgi r.sm toz:-9" crR) a.r No cosr ro clrv CA Anderson requested Council authorize joinder in amicus curiae brief at no cost to the City in Barden vs. City of Sacramento, for which a petition to the U.S. Supreme Court is being prepared. f.AUTHORIZE CITY ATTORNEY TO JOIN IN AMICUS CURIAE BRIEF IN SAN JOSE CHRISTIAN COLLEGE VS. CIT OF MORGAN HILL TO CITY CA Anderson requested Council authorize joinder in amicus curiae brief at no cost to the City in San Jose Christian College vs. City of Morgan Hill (9th Cir.02-15693) at no cost to City. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 10. OLD BUSINESS Vice Mayor Coffey requested staff to find a method to track when the status of old or new business is discussed during a council meeting, possibly by listing them on the Crystal Ball. 11. NEW BUSINESS November 4,2002 s42 Burlingame City Council Councilwoman Baylock noted she received a call from Jess Myres, AYSO, regarding not receiving a proclamation from the City for their donation for the synthetic field. CM Nantell noted that this was the San Mateo Union High School District's project and it would be appropriate for Mr. Myres to speak to them about a plaque being installed at the field. Councilman Galligan explained the agreement surrounding the financial agreement for the synthetic field. The Burlingame City Council contributed $660,000, the school district is paying $230,000 back to the City over a ten year period of time, $100,000 to the City by AYSO and the High School Boosters. Mayor Janney commended the police department for all their hard work the previous weeks. Councilwoman O'Mahony requested a "sewer cducation brochure" be made available to all residents; CA Anderson noted he is working with ABAG on the most effective rvay to redistribute the brochure. 12. ACKNOWLEDGMENTS Commission Minutes: Library Board of Trustees, August 20 and September 17,2002; Traffic, Safety & Parking, October 10,2002; Parks & Recreation, October 17,2002; Planning, October 28,2002 b. Department Reports: Police, September 2002 13. ADJOURNMENT a. Mayor Janney adjourned the meeting at9:27 p.m. in honor of Sergeant Tom Marriscolo, a3}-year member of the Burlingame Police Department, who will retire on November 10th. She also adjoumed in memory of David Mortensen, husband of Doris, who passed away on November 3'd. Respectfully submitted, nl- Ann T. Musso City Clerk / n'*"; Burlingame City Council 543 November 4,2002