HomeMy WebLinkAboutMin - CC - 2004.05.03BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of May 3,2004
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 OF ALLEGIANCE TO THE FLAG
Led by Fred Palmer, retiring Police Chief.
3. ROLL CALL
MEMBERS PRESENT:
MEMBERS ABSENT:
Baylock, Coffey, Galligan, Nagel, O'Mahony
None
Vice Mayor Galligan made a motion to approve the minutes of the April 19, 2004 Council meeting;
seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0.
Mayor O'Mahony requested amending the minutes of April 20,2004, under New Business, the fifth
paragraph, third line to read: "...the end result was..." instead of "the ended result was..." Councilwoman
Baylock made a motion to approve the amended minutes of the April20, 2004 Special meeting with
Hillsborough City Council; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0.
Vice Mayor Galligan made a motion to approve the minutes of the Api124,2004 Joint City Council and
Planning Commission meeting; seconded by Councilman Coffey, approved by voice vote, 4-0-l (Baylock
abstained).
CEREMONIAL
INTRODUCTION AND SWEARING IN OF NEW POLICE CHIEF
Mayor O'Mahony performed the swearing-in ceremony of new Police Chief Jack Van Etten. Congratulations
to the new chiefl
6. PUBLIC HEARINGS
Because of the level of interest, Mayor O'Mahony asked Council Members if staff report item 7c could be
moved to the first public hearing; Council agreed.
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May 3,2004
4, MINUTES
7c.CITIZENS' REQUEST FOR ORDINANCE SETTING MINIMUM DISTANCES BETWEEN
ELECTRIC TRANSMISSION LINES AND RESIDENCES. HOSPITALS AND SCHOOLS
CA Anderson outlined the possible consequences and outcomes of adopting the proposed ordinance. He
noted that adoption of the ordinance could be postponed until after the Administrative Law Judge made a
recommendation to the Califomia Public Utilities Commission on the route of the Jefferson-Martin
transmission line or after the CPUC makes the final decision. CA Anderson suggested that the Council
retain a consultant to advise the Council on EMF issues and authorizethe conduct of an initial study under
CEQA.
Mayor O'Mahony opened public comments from the floor. The following citizens spoke on this issue:
Dennis Zell, Co-Chair of Concerned Residents of Burlingame; Dr. Robert Jacobs, 2965 Arguello Drive;
Christy Armstrong, 3040 Trousdale Drive; Ingrid Afshar, 3015 Trousdale Drive; Evelyn Clayton, 2950
Trousdale Drive; Marvin Silver, 3005 Trousdale Drive; Dan Anderson, 728 Vernon Way; Frank Campos,
2935 Trousdale Drive; Dave Pine, 320 Chapin Lane. There were no further comments from the floor.
Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance setting minimum distances
between electric transmission lines and residences, hospitals and schools.
Vice Mayor Galligan made a motion to waive 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 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 five days
before proposed adoption. CA Anderson will meet with the proponents of the ordinance to dicsuss timing of
further consideration of the ordinance.
Mayor O'Mahony requested CA Anderson report on the following closed session item:
Threatened Litigation (Govemment Code Section 54956.9(b)(1), (3)(c)) Claim of Patricia Smith.
Council instructed CA Anderson on further handling of this claim.
6a. ADOPT ORDINANCE NO. 1734 CHANGING ALL PARKING LIMITS TO TWO HOUR
PARKING ON THE WEST SIDE OF THE 8OO AND 9OO BLOCKS OF CALIFORNIA DRIVE
AND TO REMOYE OVERNIGHT PARKING RESTRICTIONS ALONG THE EAST SIDE
OF THE 7OO. 8OO AND 9OO BLOCKS OF CALIFORNIA DRIVE
DPW Bagdon requested Council hold a public hearing to change all parking limits to two 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 Califomia Drive.
Mayor O'Mahony opened the public hearing. Ellen Gruber, 841 California Drive, wanted to know if
overnight parking permits could be obtained for her two tenants; Mark Hudak, 216Park Road, representing
Mrs. Jonhson, owner of 891 Califomia Drive, wondered if it would be possible to extend the two hour time
- zones around the corner on Majilla and up 100-150 feet so that the comer locations be also available for
retail users. There were no further comments, and the hearing was closed.
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a.
Councilwoman Baylock made a motion to adopt Ordinance #1734 changing all parking limits to two hour
parking on the west side of the 800 and 900 blocks of California Drive and to remove ovemight parking
restrictions along the east side of the 700, 800 and 900 blocks of California Drive; seconded by
Councilwoman Nagel, 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.
6b. PUBLIC HEARING AND ADOPTION OF RESOLUTION #44.2004 AUTHORIZING THE
ISSUANCE OF 2OO4 LEASE REVENUE REFUNDING BONDS
FD Nava requested Council hold a public hearing on the issuance of 2004 Lease Revenue Refunding Bonds
in order to refinance the 1995 bonds and secure a better rate.
Mayor O'Mahony opened the public hearing. There were no comments, and the hearing was closed.
Vice Mayor Galligan made a motion to adopt Resolution #44-2004 authorizing the issuanc e of 2004 Lease
Revenue Refunding Bonds; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0.
6c. CONSIDER FORMATION OF BURLINGAME AVENUE BUSINESS IMPROVEMENT
DISTRICT AND PROPOSED ASSESSMENTS FOR 2004-2005 IN THE DISTRICT BY: (l)
ADOPTING ORDINANCE NO. 1735 ESTABLISHING THE DISTRICT: AND (2)
ADOPTING RESOLUTION #STABLISHING THE 2OO4.2OO5 ASSESSMENTS IN THE
DISTRICT
CA Anderson requested Council hold a public hearing on the formation of Burlingame Avenue Business
Improvement District and proposed assessments for 2004-2005 in the District. He noted that the area
encompassed all subarea A and most of subarea B, except for some parcels extending north along Califomia
Drive at Lorton. So far, only 11 individuals consisting of $2,500 in assessments had protested. Total
assessment is approximately $140,000. Since 50% protest is required to stop formation, the legal
requirements have been met to form the district. This is an assessment on business owners.
Mayor O'Mahony opened the public hearing. Dan Anderson, 728 Vernon Way, spoke supporting the BID
He also read a letter written by local business owner Sam Malouf, who was unable to attend the meeting.
Mark Hudak, 216ParkRoad, Stephen Hamilton, 105 Crescent Road.
Vice Mayor Galligan made a motion to adopt Ordinance #1735 establishing the Burlingame Avenue
Business Improvement District; seconded by Councilwoman Baylock, approved unanimously by voice vote,
5-0.
Councilwoman Baylock made a motion to adopt Resolution #36-2004 establishingthe2004-2005
assessments in the Burlingame Avenue Business Improvement District; seconded by Councilwoman Nagel,
approved unanimously by voice vote, 5-0.
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May 3, 2004
DPW Bagdon referred the first question regarding the parking permits to the Police Chief; stated he did not
believe the ordinance extends up the side street at Majilla, but recommended Council adopt this ordinance
and return to the TSP Commission for clarification of that point.
6d.PUBLIC HEARING AND ADOPTION OF.BROADWAY AREA IMPROYEMENT
DISTRICT SETTING 2004-2005 ASSESSMENTS
CA Anderson requested Council hold a public hearing on the adoption of Broadway Area Improvement
District 2004-2005 assessments.
Mayor O'Mahony opened the public hearing. There were no comments, and the hearing was closed
Vice Mayor Galligan made a motion to adopt Resolution#37-2004 adopting the Broadway Area
Improvement District assessments for 2004-2005; seconded by Councilwoman Baylock, approved
unanimously by voice vote, 5-0.
HILLSIDE AREA CONSTRUCTION PERMIT AND SIDE SETBACK VARIANCE FOR A
FIRST AND SECOND STORY ADDITION AT 2711 MARTINEZ DRIVE
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. Leo
Redmond, owner and applicantof 2lllMartrnez Drive regarding the addition to his home. Mr. Tom
Camrba, Square Three Design Studio, Architect, made comments about the design and roof. Mr. Chris
Wong, 2720Martinez Drive, spoke against the addition based on its impact on the view at his home. There
were no further comments from the floor, and the hearing was closed.
Councilmember Coffey noted that the real problem to distant views is not a project like this that raises a roof
ridge two feet but the tall trees; feel this request for a modest addition is a property owners right; applicant is
within the code requirements; talked to the neighbors and the Planning Commission found the design to be
within the criteria of the design guidelines.
Councilman Coffey made a motion to uphold the Planning Commission's action to approve the design
review, hillside area construction permit and side setback variance for a first and second story addition at
27ll Martinez Drive; seconded by Councilwoman Baylock. The motion to uphold the Planning
Commission action was approved unanimously by voice vote, 5-0. Vice Mayor Galligan requested the
Beautification Commission look at an ordinance to address trees that block views.
Mayor O'Mahony suggested a five-minute recess. Because of the number of people interested, Mayor
O'Mahony asked Council to move the public comment period before item 6f. Council agreed.
7. PUBLIC COMMENTS
The follorving citizens spoke regarding the possible elimination of the school crossing guards: Diana
McGary, 601 Concord Way, Joseph Begun, 1230 Vancouver, Peter Stevenson, 508 Howard Avenue, Liz
Gindraux, 208 Clarendon Road, David Hyman, 711 Lexington Way, Alex Floro,ll24 Paloma Avenue #3,
Yvonne Wun, 1440 Columbus Avenue, William Pollock, 409 Concord Way, Amamarie Holland Daniels,
515 Howard Avenue, Derek Daniels, 515 Howard Avenue, Vic Escobar,229 Dwight Road, Linda Lees
Dwyer, 324 Dwight Road, Steve Fong, 1001 Cabrillo.
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6e. APPEAL OF THE PLANNING COMMISSION,S APPROVAL OF A DESIGN REVIEW.
6f.(2) APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AMENDMENT TO
THE CONDITIONAL USE PERMIT FOR EMERGING LOTS TO SEPARATE AND
AMEND CONDITIONS OF APPROVAL; AMENDMENT TO DESIGN REIIE]U AI{D
SPECIAL PERMIT FOR ATTACHED GARAGE FOR A NEW TWO.STORY SINGLE
FAMILY DWELLING AT 1537 DRAKE, LOT 11, ZONED R-l
CA Anderson excused himself from this agenda item because the Califomia Courts of Appeal issued two
decisions that said that if a City Attorney's office takes a somewhat adversarial position with regard to an
applicant pending before the City, the City Attorney's office would then be disqualified from providing legal
advice to the advisory bodies or the City Council that is making the decision regarding the matter. In this
case, CA Anderson was a central player in having a stop work order placed against the property, and
therefore, under state law he is required to recuse himself from participation in order to protect the City's
position. The City has obtained outside counsel, which will be available at future meetings if Council needs
any further legal advice regarding this application. CA left the dais and Council Chambers.
CP Monroe noted that the action this evening would be clearer if item 6f(2),1537 Drake Avenue, Lot 11,
were taken first. Council agreed to that change in the Agenda.
CP Monroe reviewed the staff report and recommended that Council hold a public hearing on this appeal and
take action on the request for Lot ll, at 1537 Drake Avenue. The City Arborist was present.
Mayor O'Mahony opened the public hearing. Mark Hudak, attorney representing the property owner ,216
Park Road; Sean Yapsa, attorney representing the neighbors, Janny Ochse, 1512 Drake, Ann Grimes-
Thomas, 1520 Drake, Janet Garcia, 1561 Drake, Gina O'Neal, 1516 Drake, Chris McCrum, 1540 Drake,
Dave Taylor, 1561 Drake, Bob Bear, 1510 Drake.
Council asked on the motion if the arborist reports prepared by Levinson had been considered; City Arborist
responded that he had reviewed and considered them and that all three arborists discussed and agreed that
there would be no impact on the Redwood tree grove from development on Lot 1 1 and from using the 20
strip on the north side of Lot 10 for a staging area. Given history, not confident that this project will be built
as approved unless all three lots are built a once, will reduce impacts on the neighborhood. Noted that this
action includes additional conditions to protect the Redwood trees, not matter if built at once impact on the
trees is different with each lot.
Mayor O'Mahony called for a roll call vote on the motion to approve the amendment to the conditions of
approval, design review and special permit for an attached garage at 1537 Drake, Lot 1 1. The motion passed
on a 3-2 (Baylock, Nagel dissenting) roll call vote.
(1) APPEAL OF THE PLANNING COMMISSION APPROVAL TO AMEND THE CONDITIONAL
USE PERMIT FOR EMERGING LOTS TO SEPARATE AND AMEND CONDITIONS OF
APPROVAL FOR EACH LOT AND FOR ADDITIONAL TREE PROTECTION REOUIREMENTS
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Vice Mayor Galligan made a motion to uphold the Planning Commission's action approving amended
conditions of approval, design review and a special permit for an attached garage at 1537 Drake Avenue, Lot
11, for the reasons cited by the commission in their action. The motion was seconded by Councilman
Coffey.
FOR LOTS 9 AND 10 AT 1537 DRAKE AVENUE. ZONED R.l
Mayor O'Mahony opened the public hearing. Mark Hudak, 216ParkRoad, Burlingame, represented the
applicant; Janet Garcia,1516 Drake; Dave Taylor,1566 Drake; Sean Absha, attorney for neighbors; spoke.
Vice Mayor Galligan made a motion to uphold the Planning Commission's action on Lots 9 and 10 for the
reasons they noted particularly that this amendment adds more tree protection measures. The motion was
seconded by Councilman Coffey.
Mayor O'Mahony called for a roll call vote on the motion to uphold the Planning Commission and approve
the amendment to the conditions of approval for each lot and for additional tree protection requirements for
Lots 9 and 10 at 1537 Drake Avenue. The motion passed on a3-2 (Baylock, Nagel dissenting) roll call vote
8. STAFF REPORTS
a. INTRODUCE ORDINANCE AND APPROVE RESOLUTION #42-2004 STATING CITY'S
INTENT TO AMEND THE CONTRACT FOR FIRE EMPLOYEES WITH THE
CALIFORNIA PUBLIC EMPLOYEES, RETIREMENT SYSTEM (CaIPERS) AND THE
CITY OF BURLINGAME
HRD Bell requested Council approve the Resolution of Intention#42-2004 to approve an Amendment to the
Contract with the California Public Employees Retirement System (CaIPERS). Staff also recommends that
the Council review the proposed Ordinance to amend the City of Burlingame's contract with CaIPERS.
Mayor O'Mahony requested CC Musso to read the title of the proposed ordinance to amend the City of
Burlingame's contract with CaIPERS.
Vice Mayor Galligan made a motion to approve the Resolution of lntention#42-2004 to approve the
Amendment to the Contract with the Califomia Public Employees Retirement System (CaIPERS); seconded
by Councilman Coffey, approved unanimously by voice vote, 5-0.
Vice Mayor Galligan made a motion to waive further reading of the proposed ordinance; seconded by
Councilman Coffey, approved unanimously by voice vote, 5-0.
Councilwoman Nagel made a motion to introduce the proposed ordinance; seconded by Vice Mayor
Galligan, 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.
Burlingan.re City Council
Approved Minutes
May 3,2004
CP Monroe reviewed the staff report and recommended Council hold a public hearing and take action on the
request to amend the conditional use permit for Lots 9 and l0 at 1537 Drake Avenue. She noted that any
future construction development on these two lots would require review by the Planning Commission. This
action would establish conditions for each lot and would provide for ongoing maintenance activities for the
-
Redwood tree grove until the lots 9 and 10 were developed. The City Arborist was present.
b. THIRD QUARTER FINANCIAL REPORT
FD Nava presented Council with a presentation outlining the third quarter financial report.
d. COMMISSION INTERVIEW COMMITTEES
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CM Nantell requested Mayor assign two-member interview committees for each of the three commission
that have upcoming vacancies.
The committees will be as follows:
Planning Commission - Councilwoman Baylock and Councilwoman Nagel
Traffic, Safety and Parking - Vice Mayor Galligan and Mayor O'Mahony
Library Board - Councilman Coffey and Vice Mayor Galligan
e.APPOINT CENTRAL COUNTY FIRE DEPARTMENT JOINT POWERS BOARI)
REPRESENTATIVES
FC Reilly requested Council appoint two Council Representatives to the Central County Fire Department
Joint Powers Board.
Mayor O'Mahony made a motion to appoint Vice Mayor Galligan to the Central County Fire Department
Joint Powers Board; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0.
Vice Mayor Galligan made a motion to appoint Councilman Coffey to the Central County Fire Department
Joint Powers Board; seconded by Mayor O'Mahony, approved unanimously by voice vote, 5-0.
CA Anderson noted that this is a formal Joint Powers Board and that there are no alternates.
9. CONSENT CALENDAR
a. DISCLOSURE OF COSTS ASSOCIATED WITH THE TWO.YEARS ADDITIONAL
SERVICE CREDIT RETIREMENT INCENTIVE WITH THE CALIFORNIA PUBLIC
EMPLOYEES, RETIREMENT SYSTEM (CaIPERS) GOVERI\MENT CODE SECTION
20903
HR Director disclosed costs associated with the two-years additional service credit retirement incentive with
the Califomia Public Employees' Retirement System (CaIPERS) Government Code Section 20903.
b. ADOPT RESOLUTION #43.2004 FORMALLY ADOPTING BRAVO COMPANY 11327,ffiDrvrsroN
CC Musso requested Council approve Resolution #43-2004 fonnally adopting Bravo Company, ll327,loft
Airborne Division under the guidelines of the organization "America Supporting Americans".
Councilman Coffey made a motion to approve the Consent Calendar; seconded by Vice Mayor Galligan,
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
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May 3,2004
Councilwoman Baylock requested that signs be posted in an appropriate place noting that the upgrades for
Pershing and Cuernavaca Parks are being paid for out of Proposition 41 funds, not out of general funds.
Vice Mayor Galligan noted he does not feel that the Council representation on the school liaison commission
is representing the Council majority.
12. NEW BUSINESS
There was no new business.
13. ACKNOWLEDGMENTS
a.Commission Minutes: Traffic, Safety & Parking, April 8, 2004; Parks & Recreation, April 15,2004;
Planning, April 26, 2004
b. Peninsula Policy Partnership letter conceming attracting businesses to the Peninsula
c.Three letters from Comcast concerning programming additions and fee adjustments
14. ADJOURNMENT
Mayor O'Mahony adjourned the meeting at l2:18 a.m. in memory of Carl Auer, wife of Jan Auer, and a
former Mayor of Hillsborough and Ron Stern, a Burlingame CPA.
Respectfu lly submitted,
, YIurt'o'{'D
Ann T.
City Clerk
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May 3,2004