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HomeMy WebLinkAboutMin - CC - 2004.12.06BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of December 612004 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 Joe Galligan called the meeting to order at 7:00 p.m. CLOSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following Threatened Litigation (Government Code $54956.9(b)(1),(3)(c)): Claim of Jeanne Vitrano; Claim of James Shawndi; Claim of Neita Farmer; Claim of Margit Lowenstein a. b Conference with Labor Negotiator pursuant to Government Code $54957.6: City Negotiators: Bob Bell, Jim Nantell; Labor Organizations: Teamsters Local 856; Burlingame Association of Middle Managers 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Kirk Heathcote. 3. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Coffey, Galligan, Nagel, O'Mahony None 4. MINUTES Mayor Galligan requested correction of Jo Ellen Galligan's name to JoEllen Galligan who led the pledge of allegiance. Councilwoman O'Mahony made a motion to approve the amended minutes of the November 15, 2004 Council meeting; seconded by Vice Mayor Baylock, approved unanimously by voice vote, 5-0. 5. PRESENTATION Police Sergeant Peter Tokarski presented Burlingame resident Robert Lingaas with a Certificate of Appreciation for repairing, at no charge, an elderly homeowner's house. The homeowner had been the victim of a scam artist who caused damage to the building. 6. PUBLIC HEARINGS Burlingame City Council Approved Minutes December 6,2004 r99 A. ADOPT ORDINANCE NO. 1748 AMENDING TITLE 25 TO REOUIRE A CONDITIONAL USE PERMIT FOR OPERATION OF CERTAIN BUSINESSES DURING LATE NIGHT AIID EARLY MORNING HOURS CA Anderson requested Council hold a public hearing and adopt Ordinance No. 1748 amending Title 25 to require a conditional use permit for operation of certain businesses during late night and early morning hours. Mayor Galligan opened the public hearing. Maribeth Halsey, 1142 Captchino Avenue, spoke in favor of extending evening business hours to 10 p.m. There were no further comments from the floor, and the hearing was closed. Councilman Coffey requested that the operating hours extend to 10 p.m. from the recommended 9 p.m. PC Van Etten stated that the earlier closure time is a better tool in limiting operation of illegal businesses. Councilwoman O'Mahony made a motion to approve, without change, Ordinance No. 1748 Amending Title 25 to Require a Conditional Use Permit for Operation of Certain Businesses During Late Night and Early Morning Hours; seconded by Vice Mayor Baylock, approved by voice vote, 4-1 (Coffey dissented). Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. b.ADOPTION OF RESOLUTION NO. 106-2004 ASSESSMENTS FOR YEAR 2OO5 FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT CA Anderson requested Council hold a public hearing on the levy of assessments for 2005 and adopt Resolution No. 106-2004 adopting assessments for 2005 for the San Mateo County Tourism Business Improvement District. Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Vice Mayor Baylock made a motion to adopt Resolution No. 106-2004 establishing and levying Year 2005 assessments for the San Mateo County Tourism Business Improvement District and approving district programs and activities for Year 2005; seconded by Councilman Coffey, approved unanimously by voice vote,5-0. c.ADOPT ORDINAIICE NO. 1749 ADOPTING REVISIONS TO MUNICIPAL CODE SECTTON 17.04 (FrBn COpE) FC Reilly requested Council hold a public hearing and adopt Ordinance No. 1749 adopting revisions to Municipal Code Section 17 .04, Fire Code. Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Coffey made a motion to adopt Ordinance No. 1749 amending Chapter 17.04 - Uniform fire Code to Clarify Alarm, Fee and Sprinkler Provisions; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 200 Burlingame City Council December 6,2004 Approved Minutes d. Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR ROTI INDIAII BISTRO. 209 PARK ROAD CA Anderson requested Council approve Amusement Permit for Roti lndian Bistro at209 Park Road for live music during dinner hours for a period of six months. Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve the Amusement Permit with standard conditions for Roti Indian Bistro at209 Park Road; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS Tim Fanelli submitted a statement regarding Peninsula Hospital. Mike Spinelli, 1301 Mills Avenue, spoke in support of the Art in Public Places Policy. There were no further comments from the floor. STAFF REPORTS ADOPT RESOLUTION NO. IO7-2004 APPROVING ART IN PUBLIC PLACES POLICY PR&D Schwartz requested Council adopt Resolution No. 107-2004 approving Art in Public Places Policy Councilwoman Nagel requested the following changes for clarification: Section IV, last sentence, should read "...the site location is the decision of the City Council." Section V, second paragraph, should read "Three members of the City Council must vote affirmatively..." Councilwoman O'Mahony requested adding a statement that the donor include "Approximate Annual Maintenance Costs," which will be added to the application form. Councilman Coffey made a motion to adopt Resolution No. 107-2004 approving Art in Public Places Policy with typographical changes and changes to Sections fV and V; seconded by Vice Mayor Baylock, approved unanimously by voice vote, 5-0. b. CONSIDER APPOINTMENTS TO CIVI SERVICE COMMISSION Vice Mayor Baylock made a motion to reappoint Commissioners James Delia, Michael Lennon and Victor Richmond to fill three vacancies on the Civil Service Commission; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 9. CONSENT CALENDAR Mayor Galligan requested Item 9.e. be removed from the Consent Calendar Burlingame City Council Approved Minutes 8. a. 20r December 6,2004 A. REAPPOINTMENT OF REPRESENTATIYE TO SAN MATEO COUNTY MOSQUITQ ABATEMENT DISTRICT BOARD OF TRUSTEES CC Mortensen requested Council reappoint Dennis Preger as Burlingame's representative to the San Mateo County Mosquito Abatement District Board of Trustees through December 31, 2008. b. RESOLUTION NO. 108-2004 APPROVING PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY.JENKS CONSULTANTS FOR THE DESIGN OF WATER MAIN REPLACEMENTS FOR THE BURLINGAME VILLAGE. BURLINGAME GATE AND BURLINGAME GROVE SUBDIVISIONS AND IN VARIOUS LOCATIONS IN THE BURLINGAME HILLS AREA DPW Bagdon requested Council approve Resolution No. 108-2004 approving the professional services agreement with Kennedy-Jenks Consultants for the design of water main replacements for the Burlingame Village, Burlingame Gate and Burlingame Grove subdivisions and in various locations in the Burlingame Hills Area. c. RESOLUTION NO. 109-2004 APPROVING AGREEMENT AMENDMENT NO. 2 WITH CONTROL MANUFACTURING COMPANY TO PROVIDE PHASE 3 OF THE CITYWIDE SUPERVISORY CONTROL AND DATA ACOUISITION (SCADA) SYSTEM INTEGRATION DPW Bagdon requested Council approve Resolution No. 109-2004 approving Agreement Amendment No. 2 with Control Manufacturing Company to provide Phase 3 of the citywide SCADA System integration. d.RESOLUTTON NO. 110-2004 APPROVTNG A REVISTON TO A MUTUAL-Arp POTABLE WATER TRANSFER AGREEMENT WITH THE TOWN OF HILLSBOROUGH DPW Bagdon requested Council approve Resolution No. 110-2004 approving a revision to a Mutual-Aid Potable Water Transfer Agreement with the Town of Hillsborough. f. APPROVE ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR CA Anderson requested Council approve the rotation list for offices of Mayor and Vice Mayor for the coming year. RESOLUTION NO. 111-2004 APPROVING CHANGES TO THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF BURLI\IGAME AND THE BURLINGAME ASSOCIATION OF MIDDLE MANAGERS (BAMM) HRD Bell requested Council approve Resolution No. 111-2004 approving changes to the MOU between the City of Burlingame and BAMM. Councilwoman O'Mahony made a motion to approve Consent Calendar Items 9.a.,b., c., d., f., and g.; seconded by Vice Mayor Baylock, approved unanimously by voice vote, 5-0. e. RECOMMENDATION TO ADOPT 2005 CITY COUNCIL CALENDAR CC Mortensen requested Council approve adoption of the 2005 City Council Calendar Burlingame City Council Approved Minutes 202 December 6,2004 Mayor Galligan requested that the May 31't Budget Study Session date be changed to June 1't at 5 p.m. Councilwoman Nagel requested the two City Manager's Review times be moved from 4 p.m. to 5:30 p.m. on June 15th and on December 7th. Mayor Galligan also requested to change the meeting time with the Civil Service Commission on September 19th from 5 p.m. to 6 p.m., asking that the commission start their regular meeting at 5 p.m. instead of 4 p.m. Councilwoman O'Mahony made a motion to approve Consent Calendar Item 9.e.; seconded by Vice Mayor Baylock, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City 11. OLD BUSINESS a. COUNCIL ASSIGNMENTS Mayor Galligan stated that the newly revised list dated December 6,2004, showed the separation of the Budget Chair assignment from the City Hall assignment. Mayor Galligan stated that Councilwoman Nagel is unable to meet the time commitments for the Peninsula Congestion Relief Alliance and invited other council members to attend as available. The City is represented at this commission on a regular basis by Jane Gomery of the Public Works Department. Mayor Galligan offered to be the representative to the Housing Trust & Endowment if one is needed. CA Anderson will find out if a representative is needed on this commission. 12. NEW BUSINESS There was no new business 13. ACKNOWLEDGMENTS a.Commission Minutes: Library, October 19,2004; Beautification, November 4,2004; Planning, November 22,2004 b. Department Reports: Police, October 2004 Letter from Comcast conceming rate increase effective January 1,2005 14. ADJOURNMENT Mayor Galligan adjourned the meeting at 7:58 p.m. submitted, c Doris City Clerk Burlingame City Council Approved Minutes 203 December 6,2004