HomeMy WebLinkAboutMin - CC - 2004.02.17a.
b
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of February 17,2004
CLOSED SESSION:
Threat of Litigation (Government Code $54956.9(bXl),(3XC)): Claim of Ewa Patuszynski; Claim of
Michelle Gavin; Claim of Diane Johnson, et. al.
Conference with Real Property Negotiators pursuant to Govemment Code $54956.8: Property:
Assessor Parcel No. 028-285-030 (1512 Ralston Avenue); Agency Negotiators: Jim Nantell,
George Bagdon, Lany Anderson; Negotiating Parties: Walter C. Sjostrom and Ana T. Sjostrom
Trust; Under negotiation: Possible purchase of property
c. Personnel Matter (Government Code $54957) one matter (continued from February 3,2004)
CA Anderson advised that Council provided direction in the handling of these matters.
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 Rosalie O'Mahony called the meeting to order at7:04 p.m.
2. PLEDGE OFALLEGIANCE TO THE FLAG
Led by Supervisor Mark Church.
3. ROLL CALL
MEMBERS PRESENT:
MEMBERS ABSENT:
Coffey, Galligan, Nagel, O'Mahony
Baylock
4. MINUTES
Councilman Coffey made a motion to approve the minutes of the special continued regular meeting of
February 3,2004; seconded by Vice Mayor Galligan, approved by voice vote,4-0-1 (Baylock absent).
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February 17,2004
Councilman Coffey made a motion to approve the minutes of the regular meeting of February 2,2004;
seconded by Vice Mayor Galligan, approved by voice vote, 4-0-1 (Baylock absent).
a.
PRESENTATIONS
RECOGNITION OF A GROUP OF CITIZENS WHO ASSISTED IN APPREHENDING A
SUSPECT
Commander Van Etten presented commendations to local citizens James Jurow, Jordan Jurow, Steven
Perdue, Mark Perdue, and Gildardo Pefla who courageously assisted the Police Department in apprehending
a suspect.
b. PRESENTATION ON MEASURE A FROM TRANSPORTATION AUTHORITY
Supervisor Mark Church made a presentation on the Measure A one-half cent sales tax collected by the
county which expires in 2008. A proposal to extend the tax from 2008 to 2028 will be on the November
ballot. If the tax is not extended, two projects affecting Burlingame will not be funded. The proposed
projects are new Highway 101 interchanges at Broadway and at Peninsula Avenue.
PUBLIC HEARINGS
APPEAL OF BEAUTIFICATION COMMISSION DECISION ON PROTECTED TREE AT
1537 WESTMOOR ROAD
P&RD Schwartz recommended Council hold a public hearing and consider the appeal by neighboring
property owners of the Beautification Commission's decision to deny removal of a protected tree at 1537
Westmoor Road.
Pete Tokarski, 1533 Westmoor Road, and Frouk Kouchek-Al|1537 Westmoor Road appeared and answered
questions from Council. Mr. Tokarski stated that an established chimney contractor stated that his chimney
problem is most likely caused by the existing tree. Although Mr. Tokarski said he has taken alleviating
measures, the problem still exists. He said that the tree affects the use of his property, and he requested that
he be allowed to remove this tree and replace it with another.
After discussion, Councilman Coffey made a motion to overturn the Beautification Commission decision and
approve the appeal with the condition that the City Arborist approve the replanting of one or two trees to
replace the oak tree; seconded by Vice Mayor Galligan. A roll call vote was called, and the motion was
denied by a vote of 2-2-l (O'Mahony and Nagel dissented, Baylock absent).
After further discussion, Councilwoman Nagel made a motion to table this issue pending further evidence
from the applicants of the need to either trim or remove the tree; seconded by Vice Mayor Galligan. A roll
call vote was called, and the motion was approved by a vote of 4-0-1 (Baylock absent).
7. PUBLIC COMMENTS
Ross Bruce, 500 Almer Road, spoke on the commercial zoning change on Broadway. Mike Spinelli, 1301
Mills Avenue, spoke on Measure A. Jennifer Pfafl 615 Bayswater Avenue, spoke on Safeway. Russ Cohen,
605 Lexington Way, spoke on the Burlingame Historical Society.
Burl ingame City Council
Approved Minutes
6.
a.
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February 17,2004
8.
a.INTRODUCE ORDINANCE TO ADD USES TO THE BROADWAY COMMERCIAL AREA.
ZONED C.l BROADWAY COMMERCIAL AREA
CP Monroe requested Council introduce an ordinance to add uses to the Broadway Commercial Area zoned
c-1.
Mayor O'Mahony requested CC Musso read the title of the proposed ordinance to amend Section 25.36.041
to allow financial institutions as conditional uses in the Broadway Commercial Area. Vice Mayor Galligan
waived further reading of the proposed ordinance; seconded by Councilman Coffey, approved by voice vote,
4-0-1 (Baylock absent).
Councilwoman Nagel made a motion to introduce the proposed ordinance; seconded by Vice Mayor
Galligan, approved by voice vote, 4-0-1 (Baylock absent).
Mayor O'Mahony requested CC Musso publish a summary of the proposed ordinance at least five days
before proposed adoption.
b. RESOLUTIONS #IO.2OO41)ACCEPTING SOLID WASTE RATES FOR 2004: AND
RESOLUTION #11-2004 APPROVING THE SECOND AMENDMENT TO THE
FRANCHISE AGREEMENT BFI FOR SOLID WASTE
FD Nava recommended Council approve a resolution accepting BFI Solid Waste Rates for 2004 and a
resolution approving the second amendment to the Franchise Agreement with BFI for solid waste, recyclable
materials and plant materials.
Councilman Coffey made a motion to approve the resolution accepting BFI Solid Waste Rates for 2004;
seconded by Vice Mayor Galligan, approved by voice vote, 4-0-1 (Baylock absent).
Councilwoman Nagel made a motion to approve the resolution approving the second amendment to the
franchise agreement with BFI for solid waste, recyclable materials and plant materials; seconded by Vice
Mayor Galligan, approved by voice vote, 4-0-1 (Baylock absent).
c. INTRODUCE ORDINANCE TO AMEND SECOND UNIT AMNESTY PROGRAM
AND IMPLEMENT CHANGES TO THE SECOND UNIT ZONING REGULATIONS
CP Monroe requested Council introduce an ordinance to amend the second unit amnesty program and
implement changes to the second unit zoning regulations.
Mayor O'Mahony requested CC Musso read the title of the proposed ordinance to amend Chapter 25.59 to
permanently institute an amnesty program for pre-existing secondary dwelling units and to allow variations
in certain requirements for approval. Vice Mayor Galligan waived further reading of the proposed ordinance;
seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Baylock absent).
Councilman Coffey made a motion to introduce the proposed ordinance; seconded by Vice Mayor Galligan,
approved by voice vote, 4-0-1 (Baylock absent).
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February 17,2004
STAFF REPORTS
9.
a.
Mayor O'Mahony requested CC Musso publish a summary of the proposed ordinance at least five days
before proposed adoption.
CONSENT CALENDAR
RESOLUTION #13.2004 APPROVING LEASE AGREEMENT WITH RINO BETTI FOR
THE PROPERTY LOCATED AT 1O8O HOWARD AVENUE
P&RD Schwartz requested Council approve a resolution approving a lease agreement between the City of
Burlingame and Rino Betti, dba Sam's Sandwiches, for the use of 1080 Howard Avenue.
b. RESOLUTION #12-2004 OPPOSING SB 744 LEGISLATION THAT WOULD EMPOWER
THE STATE'S EXECUTIVE BRANCH TO UNILATERALLY OVERTURN LAND USE
DECISIONS
CP Monroe requested Council approve a resolution opposing SB T4|legislation that would empower the
State's Executive Branch to unilaterally overturn land use decisions.
c. WARRANTS AND PAYROLL. JANUARY 2004
FD Nava requested approval for payment of Warrants #93264-93802 duly audited, in the amount of
$2,324,324. 18 (excluding library checks 93264-93295), Payroll checks #157009- 15 7 484 in the amount of
$3,295,649.59, and various electronic funds transfers for the month of January 2004.
Vice Mayor Galligan made a motion to approve the Consent Calendar; seconded by Councilman Coffey,
approved by voice vote, 4-0-l (Baylock absent).
10. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings they each attended on behalf of the City
11. OLD BUSINESS
There was no old business.
12. NEW BUSINESS
Mayor O'Mahony requested Burlingame organizations to support local businesses by holding their
fundraisers in this city rather than out of town.
Councilwoman Nagel commended DPW Bagdon for activating a City of Burlingame website link to enable
citizens to report potholes and street debris on-line.
13. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, February 9,2004; Parks and Recreation
b. Department Reports: Building, January 2004; Finance, Jantary 2004
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Burlingame City Council
Approved Minutes
February 17,2004
14. ADJOURNMENT
Mayor O'Mahony adjourned the meeting at9:15 p.m. in memory of George Collopy.
Respectfully submitted,
I YlvLtA,te
Ann T. Musso
City Clerk
Burlingame City Council
Approved Minutes
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February 11,2004