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Home My WebLink AboutMin - CC - 2005.05.16BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of May 16,2005 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. Vice Mayor Baylock called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Rosalie McCloud. 3. ROLL CALL COUNCILMEMBERS PRESENT: COUNCILMEMBERS ABSENT : Baylock, Coffey, Nagel, O'Mahony Galligan 5. a. 4. MINUTES A correction was made to the May 2,2005 Council minutes: Item 7., to correct the name Debra Hunter to Debra Hubert. Councilwoman O'Mahony made a motion to approve the amended minutes of the May 2, 2005 regular Council meeting; seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Galligan absent). PUBLIC HEARINGS CONSIDER APPROVAL OF AMUSEMENT PERMIT FOR NEW OWNERS OF FANNY & AND 303.305 CALIFORNIA DRIVE CA Anderson reviewed the staff report and requested Council hold a public hearing and consider approval of an Amusement Permit for the new owners of Fanny & Alexander. Vice Mayor Baylock opened the public hearing. William Reyes, applicant, represented Fanny & Alexander. There were no further comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve the Amusement Permit for the new owners of Fanny & Alexander; seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Galligan absent). b. PUBLIC HEARING AND ADOPTION OF ORDINANCE NO. 1752 INCREASING BUSINESS LICENSE PROCESSING FEES Burlingame City Council Approved Minutes ALEXANDER AT 1108 BURLINGAME A 249 May 16,2005 FinDir Nava reviewed the staff report and requested Council hold a public hearing on Ordinance No. 1752 increasing business license processing fees. Vice Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Coffey made a motion to approve Ordinance No. 1752 increasing business license processing fees; seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Galligan absent). Vice Mayor Baylock requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. c. APPEAL OF THE PLANNING COMMISSION,S ACTION ON A DETERMINATION ON THE PLANNING COMMISSIqN',S ACTTON ON A PROJECT AT 1615 WILLOW ROAD CA Anderson reviewed the staff report and requested Council to hold a public hearing and take action. From the floor, the following citizens spoke: Dr. Gwynn Thomson, 732 Newhall Road, appellant; Linda Mallette, 2046Fairmont Dr., San Mateo, represented the appellant; George Corey, 700 El Camino Real, Millbrae, represented the owner. Vice Mayor Baylock opened the public hearing. One citizen spoke: Gary Toothman, 1616 Willow Avenue. There were no further comments from the floor, and the hearing was closed. After Council discussion that it was the neighbor's responsibility to closely follow the Planning process and that there may have been a misunderstanding of that process, Councilwoman Nagel requested Plaruring Department staff to consider using other types of notification instead of the postcard they currently use and to survey local cities to determine the types of notifications they use and their effects. Councilwoman Nagel made a motion to deny the appeal and uphold the Planning Commission's determination; seconded by Councilwoman O'Mahony, approved by voice vote, 3-1-1 (Baylock dissented, Galligan absent). d. APPEAL OF THE PLANNING S APPROVAL OF A DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW TWO- STORY SINGLE FAMILY D AND DETACHED GARAGE AT 1524 VANCOUVER AVENUE. ZqNE R-l Senior Planner Brooks reviewed the staff report and requested Council hold a public hearing and take action. Vice Mayor Baylock opened the public hearing. The following citizens spoke: Michael McCracken, 1528 S. El Camino Real, San Mateo, represented the applicant; Steven Anderson, l52l Yancouver, appellant; Alan Barocas, 1511 Vancouver; George Anders, 1515 Vancouver; Pat Giorni, 1445 Balboa; Mark Cosenza,1532 Vancouver; and Beatrice Burke, 2020 Adeline Drive. There were no further comments from the floor, and the hearing was closed. Council discussion followed: this is a residential area in transition to second story houses; a few neighbors have issues but are close to decision on what is acceptable; minor changes might resolve this project; good to have a meeting with representatives of neighbors and the applicant. Councilwoman Nagel made a motion to continue this item to the June 6th City Council meeting and requested Planning Department staff to arrange a 250 Burlingame City Council May 16, 2005 Approved Minutes meeting between the applicant and a representative group of the neighbors to try to reach a resolution of differences in the design; seconded by Vice Mayor Baylock, approved by voice vote, 3-1-1 (Coffey dissented, Galligan absent). e. TAX EQUITY AND FISCAL RESPON THE ISSUANCE OF $2.8OO"OOO IN TAX EXEMPT OBLIGATIONS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO FUND THE ACOUISITION OF PROPERTY BY COMMUNITY GATEPATH AGENCY FinDir Nava reviewed the staff report and requested Council hold a public hearing and approve Resolution No. 33-2005 to issue tax-exempt obligations by California Statewide Communities Development Authority for the purchase of a facility by Community Gatepath. Vice Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve Resolution No. 33-2005; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Galligan absent). f. ADOPTION OF FIRE DEPARTMENT FEES AND CHARGES FOR 2005-06 AND AFFIRM THE OTHER DEVELOPMENT FEES APPROVED ON MAY 2. 2OO5 FC Reilly reviewed the staff report and requested Council hold a public hearing and to adopt Resolution No 34-2005 amending Master Fee Schedule for Fire Services and affirming other development fees. Vice Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve Resolution No. 34-2005; seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Galligan absent). 6. PUBLIC COMMENTS Pat Giorni, 1445 Balboa, spoke on drainage. Marjorie Chahal, 1040 Cortez, spoke on the sidewalk program. Joe LaMariana,1336 Balboa, spoke on the Chamber of Commerce and support for Burlingame Avenue BID David Hinckle, 1616 Sanchez, spoke on both Burlingame Avenue and Broadway BIDs. Cheryl Enright, Burlingame Avenue BID Chair, and Mary Beth Essa, 104 Harbor Seal Court, San Mateo, spoke on the Burlingame Avenue BID. There were no further comments from the floor. STAFF REPORTS BURLINGAME AVENUE AREA SS IMPROVEMENT DISTRICT GID) - CONCLUSION OF ASSESSMENT PROCEEDINGS FOR 2005-06 AND DETERMINATION OF MAJORITY PROTEST CA Anderson reviewed the staff report and requested Council to determine if a majority protest of the 2005- 06 assessments had occurred. Vice Mayor Baylock read into the record an email from Mayor Galligan about the Burlingame Avenue Downtown BID. Burl ingame City Council Approved Minutes 7. il. 251 May 16,2005 After Council discussion, Councilwoman O'Mahony made a motion to decline to impose assessments for 2005-06; seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Galligan absent). b. INTRODUCE ORDINANCE FOR REVISIO TO FEES FOR WATER SERVICE OLOW TESTS. TEMPORARY WATER SERVICES AND METER INSTALLATIONS) DPW Bagdon reviewed the staff report and requested Council to introduce an ordinance adopting revised fees for water service. Vice Mayor Baylock requested CC Mortensen read the title of the proposed ordinance. Councilman Coffey waived further reading of the proposed ordinance; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Galligan absent). Councilman Coffey made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Galligan absent). Vice Mayor Baylock requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. c. INTRODUCE ALTERNATE ORDINANCE AMENDING CHAPTER 6.38 TO CLARIFY FORTUNE,TELLING LOCATIONS AND 25 TO CLARIF'T USES TO SUBAREA D OF THE BURLINGAME AVENUE COMMERCIAL AREA. CLEARLY REGULATE REMODELING OR REMOVAL OF BUII IN SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA. EXPRESSLY ALLOW CHURCHES AS A PERMITTED USE IN THE R3 DISTRICT. AND REDUCE G REOUIREMENTS FOR CERTAIN SECONDARY DWELLING UNITS CA Anderson reviewed the staff report and requested Council to introduce an altemate ordinance to amend Chapter 6.38 and Title 25. Vice Mayor Baylock requested CC Mortensen read the title of the proposed ordinance. Councilman Coffey waived further reading of the proposed ordinance; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Galligan absent). Councilwoman Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Galligan absent). Vice Mayor Baylock requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. CONSENT CALENDAR RESOLUTION NO. 35-2005 AWARDING STREET RESURFACING PROGRAM TO C.F. ARCHIBALD PAVING.INC. DPW Bagdon requested Council approve Resolution No. 35-2005 awarding the Street Resurfacing Program to C.F. Archibald Paving, [nc. Burlingame City Council Approved Minutes 8. a. 252 May 16,2005 b.RE.SOLUTION NO. 36_2005 APPROVING AN AGREEMENT WITH OTTO MILLER FOR LA MESA DRIVE WATER MAIN REPLACEMENT DPW Bagdon requested Council approve Resolution No. 36-2005 for an agreement with Otto Miller for La Mesa Drive water main replacement. c.RESOLUTION NO. 37_2005 APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KENNEDY/JENKS CONSULTANTS FOR DESIGN OF MILLS TANK TRANSMISSION MAIN DPW Bagdon requested Council approve Resolution No. 37-2005 for a professional services agreement with Kennedy/Jenks Consultants for design of Mills Tank Transmission Main. SECOND AMENDMENT TO THE AGREEMENT WITH TURBO DATA SYSTEMS FOR PARKING CITATION PROCESSING AND DELINOUENT CITATION COLLECTION SERVICES FinDir Nava requested Council approve Resolution No. 38-2005 for the second amendment to the agreement with Turbo Data Systems for parking citation processing and delinquent citation collection services. e.WARRANTS & PAYROLL FinDir Nava requested Council approve payment of Warrants #11028-11563 duly audited, in the amount of $2,235,103.51 (excluding library checks 11134-11166), Payroll checks #161917-162184 in the amount of $2,371,084.54 for the month of April 2005. - Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Galligan absent). 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City 10. OLD BUSINESS a. JOINT MEETING ON CALTRAIN STATION CLOSURES Councilwoman Nagel asked if a date was set for Burlingame and Atherton to meet to discuss Caltrain's plan to close Broadway and Atherton Stations. CM Nantell advised that a meeting date is currently being negotiated. b. BURLINGAMECENTENNIALCELEBRATIONCOMMITTEE Councilwoman Nagel asked about the deadline for applyng as a volunteer on the Burlingame Centennial Celebration Committee. CM Nantell advised that 17 applications had been received and that the deadline would be extended through the end of May 2005. d. Burlingame City Council Approved Minutes 253 May 16,2005 Vice Mayor Baylock adjourned the meeting at 10:11 p.m. in memory of Sean Flannery and Kerry Ruckert Davis. Respectfully submitted, )h*q City Clerk Burlingame City Council Approved Minutes 254 May 16,2005 11. NEW BUSINESS a. 2004-05 BUDGET BALANCE Councilwoman O'Mahony suggested directing some of the projected carry-over balance at year-end towards the school crossing guard expense. This will be discussed at the Budget Study Session on June 8, 2005. b. BROADWAY BID Councilwoman Nagel asked about fast tracking the BID's request to make a change in the food service moratorium. This item would require Planning Commission action before Council takes action. 12. ACKNOWLEDGMENTS a. Commission Minutes: Llbrary, March 15, 2005; Planning, May 9,2005 b. Department Reports: Building, April2005; Finance, April2005 c. Four letters from Comcast concerning price adjustments, programming changes and partial acquisition of Adelphia cable system 13. ADJOURNMENT