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HomeMy WebLinkAboutMin - CC - 2004.04.19a. BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of April 19,2004 CLOSED SESSION CA Anderson advised that the Council had met in closed session before the public meeting and instructed the City Attorney on the handling of the following claims. Threatened Litigation (Government Code $ 54956.9(bX1), (3Xc)) Claim of Lorenzo & Gloria Bemandini and Claim of Raghda Kubein 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 at 7:00 p.m. 2, PLEDGE OFALLEGIANCE TO THE 4LAG Led by Bruce Carlton. 3. ROLL CALL MEMBERS PRESENT: MEMBERS ABSENT: Baylock, Coffey, Galligan, Nagel, O'Mahony None 5. a. 4. MINUTES Vice Mayor Galligan requested that the April 5, 2004 minutes reflect that apower outage occurred during presentation of Item 5.b. and that at the close of that item, the meeting was relocated to the Lane Room at the Library. Vice Mayor Galligan made a motion to approve the amended minutes of the April 5, 2004 Council meeting; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. PRESENTATION RECOGNITION OF ALYSSA GUSTAFSON ON WINNING THE PARKS & RECREATION P&RD Schwartz presented Alyssa Gustafson with a Recreation Center gift certificate for winning the department's Spring 2004 Art Contest. Also, her entry is displayed on the front cover of the Summer C&YA Guide which promotes Camp & Youth Activities. Burlingame City Council Approved Minutes DEPARTMENT SPRING 2OO4 ART CONTEST 116 April 19,2004 b. RECYCLING AWARI) FinD Nava acknowledged the California Integrated Waste Management Board Recycling Award given to the City of Burlingame for our recycling efforts anC making advancements in our mandated recycling goal. PUBLIC HEARINGS ADOPT ORDINANCE NO. 1732(21T0 AMEND CHAPTERS 11.04 AND 12.12 FOR A FIVE YEAR SUNSET CLAUSE OBLIGATING OWNERS TO MAINTAIN AND REPAIR SIDEWALKS PWD Bagdon requested Council hold a public hearing on the amendment to Chapters 11.04 and 12-12 to add a five year sunset clause obligating owners to maintain and repair sidewalks. Mayor O'Mahony opened the public hearing. There were no comments, and the hearing was closed. Vice Mayor Galligan made a motion to adopt Ordinance #1732(2) amending Chapters 1 1.04 and 12.12 to add a five year sunset clause obligating owners to maintain and repair sidewalks; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Musso to publish a summary of the proposed ordinance at least 15 days after adoption. b. FIRST PUBLIC MEETING ON FORMATION OF BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT AIID PROPOSED ASSESSMENTS FOR 2OO4-O5IN THE DISTRICT AND INTRODUCE ORDINANCE TO FORM BURLINGAME AVENUE AREA BUSINESS DISTRICT CA Anderson requested Council hold a public hearing on the formation of the Burlingame Avenue Area Business Improvement District and proposed assessments for 2004-05 in the district and introduce an ordinance to form the Burlingame Avenue Area Business Improvement District. Mayor O'Mahony opened the public hearing. The following citizens spoke in favor of this issue: Bruce Carlton, 1552 Alturas Drive; Dan Anderson, 728 Vernon Way; Francesca Tashjian, 1408 Burlingame Avenue; Dan Conway,1625 Howard Avenue; Janet Martin, 451 Cumberland Road; Elio D'Urzo,1447 Burlingame Avenue; John Root, 1407 Montero Avenue; Christie Roberts, 1114 Burlingame Avenue; Ross Bruce, 1120 Broadway; Garbis Bezdjian, 1199 Broadway; Sam Malouf, 1426 Burlingame Avenue. Quent Cordair, 346 Lorton Avenue, spoke against this issue. There were no further comments from the floor, and the hearing was closed. Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance to form the Burlingame Avenue Area Business Improvement District. Councilman Coffey waived further reading of the proposed ordinance; seconded by Councilwoman Nagel, approved unanimously by voice vote, 5-0. Councilman Coffey made a motion to introduce the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. - Mayor O'Mahony requested CC Musso to publish a summary of the proposed ordinance at least five days before proposed adoption. tt7 Burlingame City Council April 19, 2004 Approved Minutes 6. a. C. HOLD PUBLIC HEARING ON APPLICATION FOR ON.SALE LIQUOR LICENSE AT 26I CALIFORIIIA DRIVE CA Anderson requested Council hold a public hearing on the application for an on-sale liquor license at26I California Drive. Mayor O'Mahony opened the public hearing. The following citizens spoke on this issue: Lany Guyer,263 Hatch Lane; Rob Doss, 261 California Drive. There were no further comments from the floor, and the hearing was closed. Council noted that Subarea B of the Burlingame Avenue Commercial Area does not have the same regulations regarding food establishments and bars as Subarea A. The code should be revised to make food establishments a conditional use in Subarea B as was discussed when the Council recently reviewed a number of amusement permits. Vice Mayor Galligan made a motion to support the request and to include in the submission to the Alcoholic Beverage Control (ABC) all of the conditions of the amusement permit; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. d.ADOPT ORDINANCE NO. 1733 TO AMEND SECTION 13.40.030 - TIME OF OPERATION OF PARKING METERS CA Anderson requested Council hold a public hearing to amend Chapter 13.40.030 to change the parking meter operation to run to 6 p.m. from 5 p.m. to conform to parking restrictions. Mayor O'Mahony opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Nagel made a motion to adopt Ordinance #1733 to amend Chapter 13.40.030 - time of operation of parking meters; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5- 0. Mayor O'Mahony requested CC Musso to publish a summary of the proposed ordinance at least 15 days after adoption. APPEAL OF THE PLANNING COMMISSION DENIAL OF AN AMENDMENT TO AN APPROVED DESIGN REVIEW APPLICATION AT 1428 CABRILLO AVENUE. ZONED R.l CP Monroe reviewed the staff report and recommended Council hold a public hearing and take action. Mayor O'Mahony opened the public hearing. The following citizens spoke regarding this issue: Mr. & Mrs Bob Gilson, property owners. There were no further comments from the floor, and the hearing was closed. Vice Mayor Galligan made a motion to reverse the Planning Commission's decision and approve the project as submitted with all of the conditions because the tree at the front will remain; the bulk and mass of the building is at the back, not the front of the property; and the surrounding houses are large; seconded by Councilman Coffey, motion failed by roll call vote 2-3 (Baylock, Nagel and O'Mahony dissented). In the Burlingame city council 1 18 April 19,2004 Approved Minutes e. 8. a. record, those who dissented on the motion to approve noted that if one only needed to meet the code requirements, we would not need design review. The applicant had the opportunity to design these two houses to work together, and he proposed the compromise. Planning Commission's judgment was that they did need to look at the bigger impact on the neighborhood, especially when multiple lots are developed at the same time; also concerned about the precedent, get approval, demolish house and come back and get more; could have appealed original decision not wanted five months ago; concerned about the process used, need to explore what constitutes a design review amendment, substantial changes proposed here. After further discussion, Councilwoman Nagel made a motion to deny without prejudice, which was not seconded. The appeal stands denied with failure of motion. Mayor O'Mahony stated that the applicants are able to build as approved on October 14,2003. 7. PUBLIC COMMENTS John Root, 1407 Montero Avenue spoke on tree inspections by Caltrans. Dan Anderson, 728 Vernon Way, stated that Citizens for a Better Burlingame implemented a feasibility study on April 18, 2004, in conjunction with the City's Parks & Recreation Department and the Beautification Commission, for new plantings in the City planter boxes next to 1216 and 1219 Burlingame Avenue. Don Dornell, 1906 Easton Drive, spoke on adoption of Bravo Company, 101't Airborne Division. STAFF REPORTS INTRODUCTION OF ORDINANCE TO CHANGE ALL PARKING LIMITS TO 2-HOUR PARKING ON THE WEST SIDE OF THE 8OO AND 9OO BLOCKS OF CALIFORNIA DRIVE AND TO REMOVE OVERNIGHT PARKING RESTRICTIONS ALONG THE EAST SIDE OF THE 7OO. 8OO AND 9OO BLOCKS OF CALIFORNIA DRIVE DPW Bagdon requested Council introduce an ordinance to change all parking limits to 2-hour parking on the west side of the 800 and 900 blocks of Califomia Drive and to remove overnight parking restrictions along the east side of the 700, 800 and 900 blocks of California Drive. Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance to change all parking limits to 2-hour parking on the west side of the 800 and 900 blocks of California Drive and to remove overnight parking restrictions along the east side of the 700, 800 and 900 blocks of California Drive. Vice Mayor Galligan waived further reading of the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Vice Mayor Galligan made a motion to introduce the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote 5-0. Mayor O'Mahony requested CC Musso to publish a summary of the proposed ordinance at least five days before proposed adoption. b. ADOPTION OF BRAVO COMPANY 1/327. lOlST AIRBORNE DIVISION CM Nantell recommended Council approve adoption of Bravo Company 11327,101't Airborne Division under the guidelines of American Supporting Americans organization. There was a brief discussion indicating approval, and CA Anderson advised that a formal resolution will be submitted to Council at the next meeting. Burlingame City Council I 19 April 19,2004 Approved Minutes a. 9, CONSENT CALENDAR RESOLUTION ACCEPTING BURLINGAME PARK SUBDIVISION SEWER REHABILITATION PHASE ONE DPW Bagdon recommended Council approve Resolution #3I-2004 accepting Burlingame Park Subdivision Sewer Rehabilitation, Phase One Project. b. RESOLUTION AWARDING STREET RESURFACING PROGRAM.2OO4 DPW Bagdon recommended Council approve Resolution #32-2004 awarding the Street Resurfacing Program,2004. c. RESOLUTION AWARDING CONTRACT FOR THE BART LANDSCAPING PROJECT ON CALIFORNIA DRIVE NORTH OF DUFFERIN AVENUE P&RD Schwartz recommended Council approve Resolution #33-2004 awarding the contract for the BART Landscaping Project on California Drive north of Dufferin Avenue. d. WARRANTS & PAYROLL FinD Nava requested approval for payment of Warrants #94332-94923 du.ly audited, in the amount of $2,718,794.82 (excluding library checks 94298-94331), Payroll checks #157794-158096 in the amount of $2,187,527.85 for the month of March 2004. e.SPECIAL EVENTS PERMIT _ PET PARADE ON BROADWAY. MAY 22. 2OO4 City Manager's office recommended Council approve the special event permit for the Broadway Merchants Pet Parade. f.TENTATIVE AGR.EEMENT FIRE ADMINISTRATORS FC Reilly recommended Council approve Resolution #34-2004 the Tentative Agreement between the City of Burlingame and the Town of Hillsborough Fire Administrators. Councilwoman Baylock made a motion to approve the Consent Calendar; seconded by Councilwoman Nagel, 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 There was no old business. Burlingame City Council Approved Minutes t20 April 19,2004 12. NEW BUSINESS A. SET APPEAL HEARING EOR 2711 MARTINEZ ON MAY 3,2004 Council set the appeal hearing for May 3,2004, as recommended by CP Monroe. b. SET APPEAL HEARING FOR 1537 DRAKE AVENUE Council set the appeal hearing for May 3,2004, as recommended by CP Monroe. c. BURLINGAME AVENUE PLANTER BOX FEASIBILITY STUDY Vice Mayor Galligan requested that Council hold a public meeting in July to review the feasibility study implemented by Citizens for a Better Burlingame for new plantings in the City planter boxes on Burlingame Avenue. 13. ACKNOWLEDGMENTS a. CommissionMinutes: Planning, April12,2004 b. Department Reports: Building, March 2004; Finance, March 2004; Police, March 2004 14, ADJOURNMENT Mayor O'Mahony adjourned the meeting at 8:56 p.m. in memory of Aileen Deemer and Steve Natoli submitted, r\ Doris J Deputy Clerk Burlingame City Council Approved Minutes t2t April 19,2004 Respectfully