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HomeMy WebLinkAboutMin - CC - 2004.10.18BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of October 18, 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. PI?EDGE OF ALLEGIANCE TO THE FLAG Led by Gene Condon, Traffic Commissioner. 3. ROLL CALL COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT : Baylock, Coffey, Galligan, Nagel, O'Mahony None a. 5. a. An addition was made to the minutes of October 4,2004,Item 11.b., "Councilwoman Nagel stated that committee reports should include what was leamed during the meetings they attended." Councilwoman Baylock made a motion to approve the amended minutes of the October 4,2004 Council meeting; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. CLgSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following: Meeting with City Negotiators, Jim Nantell and Bob Bell, to discuss negotiations with Department Head and unrepresented classifications. PRESENTATION DEFI4RILLATOR PRES.ENTATION PC Van Etten presented plaques to Police Officers Ronda Caine Alcantara and Peter Tokarski recognizing them for their outstanding work in raising funds to purchase 16 defibrillators to be placed in police vehicles and those City buildings where the community is invited to come. Burlingame City Council Approved Minutes 180 October 18,2004 4. MINUTES 5. a. PUBLIC HEARINGS HEARING AND ACTION ON ZOryING IN THE NgRTH +UBLINGAME SUBAREA FOR INITIAL IMBLEMENTATION OF THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN CP Monroe requested Council hold a public hearing to establish interim zoning in the North Burlingame Subarea for initial implementation of the North Burlingame/Rollins Road Specific Plan. Mayor O'Mahony opened the public hearing. Jean Voytan, l82l Ogden Drive, noting she represented those in her condominium on Ogden Drive, spoke on her concern about the new R-4 zoning and building height of potential new construction across the street which would obstruct her third floor view because of the height limits. She also requested a street name sign for Ogden at Trousdale. Bruce Balshone, representing theproperty owner across the street on Ogden, spoke on the opportunity for public comments on height issues during the Design Review process for any new construction. There were no further comments from the floor, and the hearing was closed. Vice Mayor Galligan made a motion to approve Ordinance No. 1745 amending the Zoning Code to establish intermediate zoningin the North Burlingame and Rollins Road areas to implement the North Burlingame/Rollins Road Specific Plan of the General Plan; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. b PUBLIC HEARING ADOPTING RE,SOLUTION NO. 91.2004 TO ADOPT THE BICYCLE TRANSPORTATION PLAN AND AMEND IT TO THE CIRCULATION ELEMENT OF THE SENERAL PLAN CP Monroe reviewed the staff report requesting Council to hold a public hearing to approve Resolution No. 9l-2004 adopting the Bicycle Transportation Plan and amending it to the Circulation Element of the General Plan. Mayor O'Mahony opened the public hearing. Pat Giorni, 1445 Balboa Avenue, spoke in favor of the Bicycle Transportation Plan and asked the public to send letters to the Traffic Commission to support funding for the projects in the plan. There were no further comments, and the hearing was closed. Councilwoman Baylock made a motion to approve Resolution No. 91-2004 adopting the Bicycle Transportation Plan and amending it to the Circulation Element of the General Plan; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. c.PUBLTC HEARTNG TO AppROVp RESOLUTTON NO. 92-2004 APPROVING EXPENDITURE OF COPS FUND PC Van Etten reviewed the staff report requesting Council to hold a public hearing to approve Resolution No. 92-2004 approving expenditure of COPS (Citizens Options for Police Spending) funds to fund additional police officers for the city. Mayor O'Mahony opened the public hearing. There were no comments, and the hearing was closed. 181 Burlingame City Council Approved Minutes AN If[ October 18,2004 Councilman Coffey made a motion to approve Resolution No. 92-2004 approving the plan of the Chief of Police for expenditure of COPS funds; seconded by Councilwoman Nagel, approved unanimously by voice vote,5-0. d. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A DESIGN REVIEW FOR A NEW TWO.STORY, SINqLE FAMILY DWELLIN9 AND DETACHED GARAGE AT 1553 DRAKE AVENUE, ZONED R.l CA Anderson introduced Sandy Sloan, Town Attorney for Portola Valley, to act as counsel to the City in this matter. CA Anderson recused himself and left the chambers. Counsel for the owner of 1553 Drake Avenue had not yet arrived. Vice Mayor Galligan made a motion to act on Section 8 of the Agenda, Consent Calendar, before Item 5.d.; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. CONSENT CALENDAR ADOPT RESOLUTION NO. 94-2004 FIXING THE EMPLOYER'S CONTRIBUTION UNPER THE PUBLIC EMPLOYEES' MEDICAL AryD HOSPITA! CARE ACT FOR AFSCME LOCAL 2190. AFSCME LOCAL 829. BAMM. DEPARTMENT HIAD AND UNREPRESENTED, POLICE ADMINISTRATORS AND THE IAFF HRD Bell requested Council approve Resolution No. 94-2004 increasing the City's contribution towards medical premiums for members of AFSCME Locals 2190 and 829, BAMM, Department Head and Unrepresented, Police Administrators and the IAFF. b.ApoPT RTSOLUTTqN NO. 9s-2004 FIXINq THE ETrPLOYEB.',S CpNTRTBUTTON UNDER THE PUBLIC E\,IPLOYEPS' +,IEDICAI ANP HOSPITAL CARE.ACT FOR THE poLICE OFFTCERS ASSOCT4.TION (POA) HRD Bell requested Council approve Resolution No. 95-2004 increasing the City's contribution towards medical premiums for members of the Police Officers' Association (POA). c.ApopT RESOLUTTON Ng. 96-2004 FTXING THE EMPLOYER',S CONTRTBUTION UNDER THE PUBLIC EMPLOYEES' MED AND HOSPITAL CARE ACT FOR THE FIRE ADMINISTRATORS HRD Bell requested Council approve Resolution No. 96-2004 increasing the City's contribution towards medical premiums for Fire Administrators. d.ACCEPT REPORTS F'ROM EXECUTIVE DIRECTOR OF CITY O F'BURLINGAME REDEVE,LOPMENT AGENCY AND EXECUTIVE DIR4CTOR OF FINANCING AUTHORITY OF CITY OF BURLINGAME THAT CO OF INTERE,ST CODES DO NOT RE,O AN AMENDMENT CA Anderson requested Council accept reports of Executive Officers that no amendments are needed to the conflict of interest codes of the City of Burlingame Redevelopment Agency and the City of Burlingame Financing Authority. 182 Burlingame City Council October 18, 2004 Approved Minutes 8. a. e,RESOLUTTON NO. e7-2004AUrHO,ryzrNS qTAFF JO IS,SUE A C9NTRACT CHANGE ORDER IN THE AMOUNT OF $982.900 TO ADD WORK TO THE MARSTEN PUMP srATroN UPGRApE ANp OUTFALTI PTPELTNp PROJTCT ANp BpSOLUTTON NO. 98- 2004 APPBOVTNG TRANSFpR qF rpNp$ TO MARSTEN pVMp STATTqN UpcRApE ArIp OUTF]ALI, PTPELITIE PROJECI DPW Bagdon requested Council approve Resolution No. 97-2004 authoizing staff to issue a Contract Change Order to add work to the Marsten Pump Station Upgrade and Outfall Pipeline Project and approve Resolution No. 98-2004 authonzing transfer of funds to the same project. f. WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants #97501-98060 duly audited, in the amount of $3,763,812.99 (excluding library checks 97688-97730), Payroll checks #159844-160110 in the amount of $2,373,308.54 for the month of September 2004. Vice Mayor Galligan made a motion to approve the Consent Calendar; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilman Coffey made a motion to amend the Agenda in order to act on Item 7.a., Community Recognition Policy Adoption; seconded by Vice Mayor Galligan, approved by voice vote, 4-1 (Nagel dissented). 7. STAFF REPORTS ^. COMMUNITY RECOGNITION POLICY ADOPTION P&RD Schwartz requested Council review and approve the adoption of the Community Recognition Policy. Councilwoman Baylock made a motion to adopt the Community Recognition Policy; seconded by Councilwoman Nagel, approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS (continued) d. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A DESIGN REVIEW FOR A NEW TWO-STORY. SINGLE FAMILY D WELLING AND DETACHED GARAGE AT 1553 DRAKE AVENUE, ZONED R.l (continued) CA Anderson remained outside of the Council chambers. Attorney Sandy Sloan represented the City for this item. CP Monroe reviewed the staff report and recommended Council hold a public hearing and take action. CP Monroe established that all Council members had visited the site at 1553 Drake Avenue. Mayor O'Mahony opened the public hearing. The following citizens spoke: Mark Hudak, 216ParkRoad, representing the property owner at 1553 Drake Avenue; Michael Liberty, 1290 Howard Avenue, represented the appellant Jan and Janet Garcia; James Jeffrey, Traffic Engineer, representing the appellants; Jay and Janet Garcia, 1561 Drake; Chris Keele, 2I Hayward Court. ln response to a question from Council regarding city requirements for backing and maneuvering in the single family areas, city Traffic Engineer Chou noted Burlingame city council 183 October 18,2004 Approved Minutes in his analysis the driveways have enough clearance for backing out, joint access driveways should be discouraged because do not know the future, city does not want to create a problem we would have to resolve later so driveways need to be separated in some fashion, but that is not the case on private property then the issue is between private property owners. There were no further comments from the floor, and the hearing was closed. Councilman Coffey noted that the key issue is ingress and egress from the driveway at 1557 Drake, did it himself in an SUV in one maneuver, did have to be careful; real issue is not the driveway but the fence dividing the driveways, it inhibits the Garcia's ingress and egress but provides safety to pedestrians on the sidewalk and parked cars, protects children playng in the yard which is most important to him; location of garage at 1557 is not perpendicular to the street, problem but agree that there is greater safety with the driveway on the south side, for these reasons moved to uphold the Planning Commission's decision to approve the project at 1553 Drake Avenue and to deny the appeal. The motion was seconded by Councilman Galligan. Comment on the motion: the existing fence blocks the view in backing out of the driveway creating a more dangerous situation, without would not need red zone on curb and driveway apron which will remove | % parking spaces on street; moving the driveway would change long-standing pattems of the neighborhood which have worked, so why change; moving the driveway to the south side of 1553 causes the new house to crowd, increasing the mass and bulk next to the existing house at 1557 which creates an undue hardship and may affect value, send back to Planning Commission not redesign can just move driveway to north side, should have shown that, this increases the burden of new development on the neighbor, hardship issue is also on 1557 with driveway on south side where can a new garage be put on 1557 in the future, since Commission divided, retum item with direction to better evaluate the use at the end of the street, need to deny since Garcia's are left without access to their garage; moving the driveway to the south side of 1553 will create undue hardship on the property owners at 1557. Comments on the motion continued: can support with a motion to provide aredzone on the curb in front of 1553 Drake to protect back up and sight lines; feel Planning Commission did their job, in his experience young people can back out of driveways safely, do not feel the net number of bedrooms on Drake will affect the number of daily trips so that is not an issue. Councilman Coffey, who made the original motion, made a motion to amend the original motion to add a condition that the curb in front of the new house at 1553 Drake Avenue be painted red to prohibit paring so that the backing maneuver from 1557 and 1561 Drake would not be impeded. Councilman Galligan, the original second on the motion, agreed to the amendment to the motion. Comments on the motion and amended motion: the fence is the prominent issue since property owners have a right to install fences, in this case need to protect children in yard, better to hit a fence, agree that it is a bad idea to share driveways; with red zone in front of 1553 Drake, people will be able to back out without taking undue time, recognizethe difficulty in changing a long standing pattern is inherent; but the red zone, if abused affecting access, will be enforced by the police. Mayor O'Mahony called for a roll call vote on the amended motion to uphold the Planning Commission's action to approve the design review at 1553 Drake Avenue with the conditions in the staff report and an additional condition addressing painting the curb in front of the new house at 1553 Drake Avenue red prohibiting use of the area for parking, by Resolution No. 93-2004. The motion passed on a roll call vote 3-2 (Council members Baylock and Nagel dissenting). Burlingame City Council Approved Minutes 184 October 18,2004 CA Anderson returned to the dais. Attorney Sandy Sloan left the chambers. 6. PUBLIC COMMENTS CM Nantell requested Council to determine if it would be helpful to create a committee to develop a Safeway Store design option. Mayor O'Mahony suggested that committee members include Vice Mayor Galligan, Councilwoman Baylock, Planning Commissioners Ralph Osterling and Stan Vistica; and when Safeway manifests an interest, the Mayor should then appoint two community members to the committee. Mayor O'Mahony would like to see the committee collaborate on the best ways to resolve the different views for this project. She presented a document for the record from Safeway stating their concerns about health care problems in San Mateo County. Councilwoman Baylock questioned whether forming another committee is a good idea as there have been multiple committees formed around this project over the years and it might be more productive to examine what might be the best use of the three acre site using some of the principles of Congress on New Urbanism. Councilwoman Baylock, with Vice Mayor Galligan, would like to explore looking at the assets of the community and for this site, looking at what potential things could be developed and to meet with the Planning Commission's Neighborhood Consistency Subcommittee to help broaden their view. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City 10. OLD BUSINESS There was no old business. 11. NEW BUSINESS Councilman Coffey stated that he appreciated it when the majority of Council agreed to bypass and then return to the agendized appeal hearing when the property owner's counsel arrived late. 12. ACKNOWLEDGMENTS a. Commission Minutes: Llbrary, August 17,2004; Planning, October 12,2004 b. Department Reports: Building, September 2004; Finance, September 2004 c. Letter from Comcast concerning programming adjustments Burlingame City Council Approved Minutes 18s October 18,2004 Charles Yoltz,725 Yemon Way, thanked the police officers for funding the defibrillators and spoke on the Safeway project. Jennifer Pfafl 615 Bayswater Avenue, spoke on creating a vision for the city and to create a new General Plan. There were no further comments from the floor. 7. STAFF REPORTS (continued) b. COMMITTEE TO EXPLORE SAFEWAY STORE DESIGN OPTIONS 13. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 9:50 p.m. Respectfully submitted, Doris J. Mortensen City Clerk Burlingame City Council Approved Minutes 186 October 18,2004