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HomeMy WebLinkAboutMin - CC - 2003.05.05BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of May 5, 2003 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 Mike Coffey called the meeting to order at 7:00 p.m. 2. PLEDGE OFALLEGIANCE TO THE FLAG Led by Toni Jeide 3. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: Baylock, Coffey, Galligan, Janney, O'Mahony None 5. a. Councilwoman Baylock requested a correction under Public Comments, Item 7,page 3: the first speaker's name is Scott Danielson, not Davidson. Vice Mayor O'Mahony made a motion to approve the amended minutes of the Apil2l,2003 Council meeting; approved unanimously by voice vote, 5-0. CEREMONIAL PROCLAMATION FOR SAMANTHA SMILEY Mayor Coffey presented Samantha Smiley with a proclamation honoring her as the California representative in the May 2003 Scripps Howard Spelling Bee in Washington, D.C. She is the first Burlingame resident to represent Califomia. b. DONATION FROM RE TIREMENT INN OF BURLIN GAME FOR SENIOR CITIZENS 6. a. PROGRAMS Mayor Coffey accepted a $1,000 donation from Toni Jeide of the Retirement Inn of Burlingame to be used for the City's Senior Citizen Programs. PUBLIC HEARINGS ADOPT RESOLUTION APPROVIN G EXPENDITURE OF COPS FUNDS COP Palmer requested Council hold a public hearing on the expenditure of COPS funds. 609 Burlingame City Council Approved Minutes May 5, 2003 4, MINUTES Mayor Coffey opened the public hearing. Thee were no comments from the floor, and the hearing was closed. Councilman Galligan made a motion to adopt Resolution #50-2003 approving expenditure of COPS funds; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. b. (i) ADOPT ORDINANCE TO REVISE THE CONDOMINIUM REGULATIONS FOR NEW CONDOMINIUM CONSTRUCTION CHAPTER 26.30 AND (iil ADOPT ORDINANCE TO AMEND CONDOMINIUM CONVERSIONS CHAPTER 26.32 CP Monroe requested Council hold a public hearing to revise the condominium regulations in Chapters 26.30 and26.32 of the Municipal Code. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Vice Mayor O'Mahony made a motion to adopt Ordinance #1706 to revise the condominium regulations for new condominium construction, Chapter 26.30, and to adopt Ordinance #1707 to amend condominium conversions, Chapter 26.32; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Mayor Coffey requested DepCC Mortensen to publish a summary of the proposed ordinances at least 15 days before proposed adoption. c. ADOPT ORDINANCE AMENDING C 6.36.130 TO REDUCE LIABILITY INSURANCE REOUIREMENTS FOR TAXICABS IN LIGHT OF INSURANCE INDUSTRY TROUBLES CA Anderson requested Council hold a public hearing on the proposed changes to Chapter 6.36.130 of the Municipal Code to reduce liability insurance requirements for taxicabs in light of insurance industry troubles. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Mayor Coffey requested DepCC Mortensen to publish a summary of the proposed ordinance at least 15 days before proposed adoption. d. ADOPT ORDINANCE TO AMEND THE CONTRACT BETWEEN THE CITY OF BURLINGAME AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) TO PROVIDE FOR ON 20903 - 2 YEARS OF ADDITIONAL SERVICE CREDIT HRD Bell requested Council hold a public hearing on the proposed changes to the contract between the City of Burlingame and the California Public Employees' Retirement System to provide for Section 20903 -2 years of additional service credit. Burlingame City Council Approved Minutes 610 May 5, 2003 Vice Mayor O'Mahony requested correction of a typo on line 11 of the ordinance. Vice Mayor O'Mahony made a motion to adopt Ordinance #1708 to amend Chapter 6.36.130 reducing liability insurance requirements for taxicabs; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Mayor Coffey opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Janney made a motion to adopt Ordinance #1709 to change the contract between the City of Burlingame and the Califomia Public Employees' Retirement System to provide for Section 20903 - 2 years of additional service credit; seconded by Councilman Galligan, approved unanimously by voice vote, 5-0. Mayor Coffey requested DepCC Mortensen to publish a summary of the proposed ordinance at least 15 days before proposed adoption. e.CONSIDER AMUSEMENT PERMIT FOR 261 CALIFORNIA DRIVE CA Anderson requested Council hold a public hearing on the application for an amusement permit for 261 California Drive. This is the former site of Route 66 whose permit was canceled in 1998. The Police Department believes that the applicants have not fully analyzedthe situation at this site. There are neighbors who live adjacent to that building and have concerns about noise, and there are three other venues for entertainment within a block of this area where there had been problems last summer. Therefore, the Police Department is not satisfied that the applicants understand what the security situation might be. There are extensive proposed conditions to this application that have been imposed on the other entertainment sites. Staff recommends that the application be continued indefinitely until the applicants provide a more complete plan on how they will operate this establishment. Mayor Coffey opened the public hearing. The following citizens spoke regarding this issue: Andrew Nahas, 2029 Yista Del Mar, San Mateo; Dan Anderson 728 Vemon Way, Burlingame; Mary Piazza, owner of 263 Hatch Lane. Councilwoman Baylock requested a written statement from the applicant giving the reasons he has not complied with the proscriptions for his establishment in Mountain View. She also requested the Police Chief provide a three-year history of complaints when the site was Route 66. Councilman Galligan stated that if there were noise that escapes from this establishment, the City would close it down immediately. He also requested adding to the conditions that an area surrounding the establishment be cleaned after every closing. Vice Mayor O'Mahony made a motion to deny this request until a business plan has been developed by the applicant and that this request be entirely incorporated into one complete packet, seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Stephen Hamilton, 105 Crescent Avenue, regarding Safeway thanked the community, Safeway and the Planning Commissioners. Charles Voltz, 725 Vernon Way, regarding Safeway stated he is proud of the work of the Planning Commissioners and thanked Council for the selection of these commissioners. Lynette Waterson, 819 Fairfield Road, regarding Safeway complemented the Planning Commission. Katie O'Brien, 2204Poppy Drive, requested Council to provide a summary at the next Council meeting of the circumstances sulrounding the closing of the golf range at the Golf and Soccer Center. Mayor Coffey requested staffto prepare a report on the golfrange. 8. STAFF REPORTS Burlingame City Council Approved Minutes 611 May 5, 2003 7. PUBLIC COMMENTS a.INTRODUCTION OF AN ORDINANCE ADOPTING ADDITIONAL REOUIREMENTS FOR INSTALLATION OF BACKWATER PROTECTION ON SANITARY SEWER DRAINAGE SYSTEMS AND FOR CERTIFI OF RELATIONSHIP OF DRAINAGE FIXTURES TO SEWER MAIN DPW Bagdon requested Council introduce an ordinance adopting additional requirements for installation of backwater protection on sanitary sewer drainage systems and for certification of relationship of drainage fixtures to sewer main. Mayor Coffey requested DepCC Mortensen to read the title of the proposed ordinance adopting additional requirements for installation of backwater protection on sanitary sewer drainage systems and for certification of relationship of drainage fixtures to sewer main. Councilman Galligan waived further reading of the proposed ordinance; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Vice Mayor O'Mahony made a motion to introduce the proposed ordinance; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. Mayor Coffey requested DepCC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. b. PROPOSED INCREASE IN FINES AND FE.ES FOR LIBRARY SERVICES 9. CONSENT CALENDAR REqOLUTION APPROVTNG BUpGET A,TVTENDMENT FOR THE 2002/03 SEWER ANp WATER CAPITAL IMPROVEMENT PROGRAM DPW Bagdon recommended Council adopt Resolution #51-2003 approving budget amendment for the 2002103 Sewer and Water Capital Improvement Program with revised attachment. b. RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH ERLER & KALINOWSKI. INC. FOR A WATER SYSTEM MASTER PLAN STUDY DPW Bagdon recommended Council adopt Resolution #52-2003 approving professional services agreement with Erler & Kalinowski, lnc. for a water system master plan study. c. RESOLUTION AFFIRMING SEWER BACKUP DAMAGE POLICY DPW Bagdon recommended Council adopt Resolution #53-2003 affirming sewer backup damage policy. d. RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE STATE REVOLVING FUND LOAN APPLICATION AND ACC OMPANYING DOCUMENTS FOR THE a. WASTEWATER TREA PLANT IMPROVEMENTS Burlingame City Council Approved Minutes 6t2 May 5, 2003 Librarian Escoffier requested Council approve the proposed increase in fines and fees for library services. Vice Mayor O'Mahony made a motion to approve the proposed increase; seconded by Councilwoman Janney, approved unanimously by voice vote, 5-0. DPW Bagdon recommended Council adopt Resolution #54-2003 authorizing the City Manager to file State Revolving Fund loan application and accompanylng documents for the Wastewater Treatment Plant improvements. e.ADOPTION OF RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT HRD Bell recommended Council adopt Resolution #55-2003 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. f. RESOLUTION OF APPLICATION BY CITY OF BURLINGAME REOUESTING THAT THE SAN MATEO LOCAL AGENCY TION COMMISSION OAFCO) APPROVE ob' SEWER AND WATER SERVICE OUTSIDE THE CITY BOUNDARIES DPW Bagdon recommended Council adopt Resolution #56-2003 of application by City of Burlingame requesting that the San Mateo Local Agency Formation Commission approve sewer and water service outside the City boundaries. RECOMMENDATION TO OPPOSE SENATE BILL 163 REGARDING PERSONAL SERVICES CONSULTING ACM Becker recommended Council oppose Senate Bill 163 regarding personal services consulting. h. RESOLUTION URGING THE LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED ELIMINATION OF TRANSACTION BASED REIMBURSEMENT TO PUBLIC LIBRARIES IN THE STATE Librarian Escoffier recommended Council adopt Resolution #57-2003 urging the Legislature to reject the Govemor's proposed elimination of Transaction Based Reimbursement to public libraries in the state. Vice Mayor O'Mahony made a motion to approve the Consent Calendar; seconded by Councilwoman Janney, 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 1I. OLD BUSINESS a. Active Old Business Consideration of leasing Greyhound Building: Staff is in contact with a local commercial realtor to establish a long-term lease arrangement for The Depot. Within the next couple of weeks, each of the three businesses that have expressed interest in the property will be contacted to present proposals. . Sewer Education Brochure: The sewer brochures have been received by the City and will be distributed to the public by the Public Works Department. Project completed. Burlingame city council 613 May 5, 2003 Approved Minutes a o Newspaper racks on Broadway: The newspaper rack committee is tentatively scheduled to meet in early June to discuss potential changes to the ordinance. Outstanding issues for Burlingame Avenue are rack placement at Stack's Restaurant and Copenhagen Bakery. Outstanding issues for Broadway are the removal and replacement of racks on the corners as well as developing consensus on limiting rack placement on Broadway and increasing rack placement on the side streets. b. Referring to the request to increase bail on parking citations on the April21, 2003 Council Agenda (Item 8.d.), Councilman Galligan asked Councilwoman Baylock for further information she may have had which influenced her dissenting vote. Councilwoman Baylock said she would need to consult her preparation notes for that meeting. Vice Mayor O'Mahony attended a meeting attended by Broadway merchants and property owners who are concerned about the large number of properties vacant on Broadway. Some have discussed with her lifting restaurant regulations for up to six months to encourage serious restaurant applicants who might fill the vacancies. CP Monroe stated that the Broadway merchants met a second time last week and showed interest in lifting other regulations on uses as well as food establishments. The Vice Mayor asked that the Planning Commission consider this issue as soon as possible. Mayor Coffey read the appeal letter for 1420-1450 Howard Avenue (Safeway project). The appeal hearing will be scheduled for a date specific at a future meeting. Mayor Coffey appointed a Council subcommittee consisting of Vice Mayor O'Mahony and Mayor Coffey to - proceed with an open dialogue with Safeway to convey to them the message that Burlingame wants them to continue to participate in our community. 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning Commission of April 28,29,30 & May 1; Parks & Recreation Commission of April l7;Library Board of Trustees of March 25 &Marchz8,2003 b. Department Reports: Police, March 2003 c. Letter from Kerns Fine Jewelry regarding raised parking ticket fees d. Correspondence regarding maintenance of Ralston parking lot e. Correspondence (53 pieces) previously distributed regarding proposed Safeway project f. Four pieces of correspondence regarding Yellow Ribbons 14. ADJOURNMENT Mayor Coffey adjourned the meeting at 8:35 p.m. Burlingame City Council Approved Minutes 6t4 May 5, 2003 12. NEW BUSINESS Respectfully submitted, Mortensen Deputy Clerk Burlingame City Council Approved Minutes 615 May 5, 2003 a\