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Home My WebLink AboutMin - CC - 2005.06.20BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of June 20,2005 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. Mayor Joe Galligan called the meeting to order at7:07 p.m. CLOSED SESSION: CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Threatened Litigation (Government Code $ 54956.9((bX1),(3XC)) Claim of Judith D'Augusta 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Maritsa Chew. 3. ROLL CALL 4. MINUTES A correction was made to the minutes: Item 8.d., change Griffiths to Griffith. Councilwoman O'Mahony made a motion to approve the amended minutes of the June 6, 2005 regular Council meeting; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). Vice Mayor Baylock made a motion to approve the minutes of the June 13, 2005 Joint City Council and Planning Commission meeting; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Nagel absent). COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : a. Baylock, Coffey, Galligan, O'Mahony Nagel PRESENTATION CHAMBER OF COMMERCE PRESENTATION BY JOE LAMARIANA Burlingame Chamber of Commerce Chairman Joe LaMariana made a PowerPoint presentation on the services and programs that the Chamber offers. 5. PUBLIC HEARINGS Burlingame City Council Approved Minutes 26t June 20,2005 a.F'Y 2005.06 BUDGET ADOPTION AND GANN LIMIT RESOLUTIONS FinDir Nava reviewed the staff report and requested Council to hold a public hearing and approve Resolution No. 41-2005, adopting Operating and Capital lmprovement budgets for Fiscal Year ending June 30,2006, and Resolution No. 422005, establishing 2005-06 Appropriation Limit. Mayor Galligan opened the public hearing. Rosa Guerra, L450 Chapin Avenue, spoke about Shelter Network. There were no further comments from the floor, and the hearing was closed. Council discussed moving the Burlingame Historical Society from Community Funding to the Facilities Maintenance Budget and amending the budget to commit $32,000 from the estimated year-end overage for half of the Crossing Guard costs. Council calendared these items for a meeting in August. Councilwoman O'Mahony made a motion to adopt Resolution No. 41-2005, adopting Operating and Capital Improvement budgets for Fiscal Year ending June 30, 2006; seconded by Vice Mayor Baylock, approved by voice vote,4-0-1 (Nagel absent). Councilwoman O'Mahony made a motion to adopt Resolution No. 42-2005, establishing 2005-06 Appropriation Limit pursuant to Article XIII(B) of the California Constitution; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Nagel absent). b. ANNUAL RE VIEW AND RENEWAL OF AMUSEMENT PERMITS CA Anderson reviewed the staff report and requested Council to hold a public hearing and (1) approve renewal of the following amusement permits for a l2-month period: Alibi American Bull Bar Behan's Irish Pub Burlingame Station Brewery Caribbean Gardens Crowne Plaza Hotel Dollarwise/Hobby Unlimited El Torito (with one revised condition) Four Green Fields Grandview Hola Mexican Restaurant Hyatt Hotel Il Piccolo Matsusono Restaurant Max's Opera Caf6 Rocket's Roti lndian Bistro Sheraton Gateway Hotel Straits Burlingame Towles Caf6; and (2) approve renewal of the following permit for a six-month period: Blush (261 California Drive). Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Coffey made a motion to approve the issuance of amusement permits as recommended for the above referenced establishments; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Nagel absent). Burlingame City Council Approved Minutes 262 June 20,2005 d. c.APPLTC+TrON F9R AMUSPM4NT PERMTT FOR NEw OWNE& Ar\THONY KOZAK. oF CALIFORI-{IA| BAR AND GRILL. 241 CALIFORNIA DBIVE CA Anderson reviewed the staff report and requested Council to hold a public hearing and approve the amusement permit for Anthony Kozak as the new owner of the California Bar and Grill at 241 Califomia Drive subject to the City's standard conditions for six months. Mayor Galligan opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Coffey made a motion to approve issuance of an amusement permit for Anthony Kozak as the new owner of the California Bar and Grill at 241 Califomia Drive subject to the City's standard conditions for six months; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Nagel absent). APPLICATION FOR AMUSEMENT PERMIT FOR NEW OWNER IRINA LITVAK. OF FANDORIN RESTAURANT. 1492 BAYSHORE HIGHWAY CA Anderson reviewed the staff report and requested Council to hold a public hearing and approve the amusement permit for six months for Irina Litvak as the new owner of Fandorin Restaurant at 1492 Bayshore Highway for dancing, live band and recorded music from I 1:30 a.m. to l:00 a.m. 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 issuance of an amusement permit for Irina Litvak as the new owner of Fandorin Restaurant at 1492 Bayshore Highway for six months; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Nagel absent). e. ADOPTION AMENDMENT TO MAS E ORDINANCE REGARDIN EDUCATION REOUIREMENTS FOR MASSAGE PERMITS CA Anderson reviewed the staff report and requested Council to hold a public hearing and adopt Ordinance No. 1755 amending Chapter 6.40 to allow lower thresholds of training for Massage Practitioner permits. 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 approve adoption of Ordinance No. 1755 amending Chapter 6.40 to allow lower thresholds of training for Massage Practitioner permits; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Nagel absent). Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. Burlingame City Council Approved Minutes 263 June 20, 2005 f. ADOPTION OF ORDINANCES TO ESTABLTSH ZO.NrNq C,ONSTSTENT WITH THE 2004 BAYFRONT SPECIFIC PLAN FOR THE R BAYSHORE. SHORELINE AND ANZA EXTENSTON AR4AS CP Monroe reviewed the staff report and requested Council to hold a public hearing and adopt two ordinances to establish zoning consistent with the 2004 Bayfront Specific Plan for the Inner Bayshore, Shoreline and Anza Extension areas. Mayor Galligan opened the public hearing. Ron Rosberg, 1669 Bayshore Highway, spoke against the proposed requirements for the proposed Bayshore Highway overlay in the Inner Bayshore area. He requested a wider variety of uses because of difficulty in selling or renting his property. There were no further comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve adoption of Ordinance No. 1756 arnending Title 25 to adopt a Shoreline District and to clarify unclassified lands conformance to General and Specific Plans; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. After Council discussion, the proposed ordinance amending Title 25 to adopt an lnner Bayshore District and clarifying definitions was re-introduced with a suggested change to add light industrial uses as a conditional use in the lnner Bayshore overlay area along Bayshore Highway. Councilwoman O'Mahony waived further reading of the amended proposed ordinance; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Nagel absent). Mayor Galligan requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. g. ADOPT ORDINANCE NO. 1757 AMENDING SECTION 10.58.030 TO CLARTFY APPLICATION REOUIREMENTS FOR ADULT.ORIENTED BUSINESS PERMITS CA Anderson reviewed the staff report and requested Council to hold a public hearing and adopt Ordinance No. 1757 amending Section 10.58.030 to clarify application requirements for adult-oriented business permits. 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 adoption of Ordinance No. 1757 anending Section 10.58.030 to clarify application requirements for adult-oriented business permits; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after adoption. Burlingame City Council Approved Minutes 264 June 20,2005 h.INTRODUCTION AND PUBLIC HEA G ON AN ORDINANCE TO AMEND BROADWAY FOOD ESTABLISHMENT TIONS TO ALLOW UP TO FIVE ADDITIONAL FOOD 4STABLISHMENTS CP Monroe reviewed the staff report and requested Council to hold a public hearing on an ordinance amending Broadway food establishment regulations to allow up to five additional food establishments as new locations, full service, specialty food shop or limited food service. Mayor Galligan opened the public hearing. Broadway merchant Michael King, spoke about parking concerns on Broadway. The following Broadway merchants and property owners spoke in favor of the proposed ordinance: Maritsa Chew, Ross Bruce (BID President), Nick Koros, and Garbis Bezdjian. There were no further comments from the floor, and the hearing was closed. Mayor Galligan requested CC Mortensen to read the title of the proposed ordinance amending Chapter 25.36 to allow up to five additional food establishments in the Broadway Commercial Area. Councilwoman O'Mahony waived further reading of the proposed ordinance; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). Councilman Coffey made a motion to introduce the proposed ordinance; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). Mayor Galligan requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. i. PUBLIC HEARING AND RESOLUTION APPROVING MITIGATED NEGATIVE PROJECT TO J. HOWARD ENGINEERING DPW Bagdon reviewed the staff report and requested Council to hold a public hearing and approve Resolution No. 47-2005 approving the Mitigated Negative Declaration with findings and awarding the Easton Creek Sewer Rehabilitation Project to J. Howard Engineering. 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 Resolution No. 47-2005, approving Mitigated Negative Declaration for Easton Creek Sewer Rehabilitation and adopting Mitigation Monitoring Plan; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Nagel absent). Councilwoman O'Mahony made a motion to award the contract for Easton Creek Sewer Rehabilitation to J. Howard Engineering; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). 6. PUBLIC COMMENTS John Root, 728 Crossway Road, spoke on the economic study of Burlingame Avenue Commercial Area. There were no further comments from the floor. 7. STAFF REPORTS Burlingame City Council Approved Minutes 265 June 20, 2005 DECLARATION AND AWARDING EASTON CREEK SEWER REHABILITATION A. PROPOSAL FOR PREPARING A SCOPE OF WORK AND SELECTING A CONSULTANT FOR AN ECONOMIC STUDY OF THE BURLINGAME AVENUE COMMERCIAL AREA CP Monroe reviewed the staff report and requested Council to approve the proposal for preparing a scope of work for an economic study of the Burlingame Avenue Commercial Area and to provide direction on the selection of the scoping advisory committee members. After Council discussion, Mayor Galligan recommended that he and Vice Mayor Baylock serve as committee members representing Council, as well as two Planning Commissioners: Michael Brownrigg and Stan Vistica, and two citizens who represented opposing views on the proposed Safeway project. The citizens suggested were Dan Andersen and Marianne Saucedo. Council asked staff to determine the interest and the availability of these people in the next six weeks. This matter was deferred to the next regular Council meeting. b.INTRODUCE ORDINANCE TO AMEND THE CITY'S ZONING MAP TO ESTABLISH BOUNDARIES FOR FIVE ZONING DISTRICTS IN THE BAYSHORE PLANNING AREA. INNE POINT SOUTH CP Monroe reviewed the staff report and requested Council to introduce an ordinance amending the City's zoningmap to establish boundaries for five zoning districts in the Bayshore Planning Atea, Inner Bayshore, Shoreline Anza Area, Anza Point North and Anza Point South. Mayor Galligan requested CC Mortensen read the title of the proposed ordinance. Councilwoman O'Mahony waived further reading of the proposed ordinance; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-l (Nagel absent). Vice Mayor Baylock made a motion to introduce the proposed ordinance; seconded by Councilman Coffey, approved by voice vote, 4-0-l (Nagel absent). Mayor Galligan requested CC Mortensen to publish a sunmary of the proposed ordinance at least five days before proposed adoption. 8. CONSENT CALENDAR From the floor, John Root, 728 Crossway Road, requested to speak on Item 8.a. b RESOLUTTON NO. 44-200s APPROVING A PBOFESSIONAL SFRVIpES AGREEMENT AMENDMENT WITH THE CULVER GROUP FOR ADDITIONAL CONPTRUCTION MANAGEMENT AND PL INSPECTION SERVICES DPW Bagdon requested Council adopt Resolution No. 44-2005 approving a professional services agreement amendment with the Culver Group for additional construction management and plumbing inspection services. Burlingame City Council Approved Minutes 266 June 20, 2005 c.APPROVAL OF ULA CONFLICT RESOLUTION MEDIATION SERVICES qONTRACT FOR F Y 2005-06 FinDir Nava requested Council adopt Resolution No. 45-2005 approving an agreement with the Peninsula Conflict Resolution Center to provide conciliation and mediation services in 2005-06. d. ADOPT RESOLUTI ON NO. 46-2005 AMENDING JOINT AGREEMENT ESTABLISHING THE SAN MATEO PRE.HOSPITAL EMERGENCY SERVICES GROUP FC Reilly requested Council adopt Resolution No. 46-2005 to amend the Joint Powers Agreement establishing the San Mateo Pre-Hospital Emergency Services Group. e. APPROVE OUT-OF-STATE TRAVEL FOR FIN DIRECTOR FinDir Nava requested Council approve the Finance Director's travel to Baltimore, Maryland to attend the Summer Meeting of the Governmental Accounting Standards Advisory Council July 17-19, 2005. f. WARRANTS & PAYROLL FinDir Nava requested Council approve payrnent of Warrants #11564-12050 duly audited, in the amount of $1,893,920.01 (excluding library checks 11685-11709), Payroll checks #162L85-162448 inthe amounr of $2,417,232.37 for the month of May 2005. Councilwoman O'Mahony made a motion to approve Items b. through f. of the Consent Calendar; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Nagel absent). _ A. RESOLUTION NO. 43.2005 APPROVING CHAMBER OF COMMERCE PROMOTIONAL SERVICES FOR F"Y 2005-06 FinDir Nava requested Council adopt Resolution No. 43-2005 approving the promotional services contract with the Burlingame Chamber of Commerce for Fiscal Year 2005-06. From the floor, John Root made various recommendations regarding the Chamber of Commerce. Councilwoman O'Mahony made a motion to approve Item a. of the Consent Calendar; seconded by Councilman Coffey, approved by voice vote, 4-0-1 (Nagel 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. FEEDBACK ON BROADCAST OF COUNCIL MEETING CM Nantell reiterated that Comcast customers would be able to view regular Council meetings on Channel 27 startingwith this meeting's broadcast. RCN customers will still find the Council broadcast on Channel 26. Mr. Nantell requested feedback from viewers on the sound and broadcast qualities. Burlingame City Council Approved Minutes 267 June 20, 2005 a. 11. NEW BUSINESS UPDATE ON POTENTIAL MERGER BETWEEN BURLINGAME AI\D MILLBRAE RECREATION DIVISIONS P&RD Schwartz provided an update on the potential merger between Burlingame and Millbrae Recreation Divisions. Staff recommended a Study Session with Council to discuss options in sharing Recreation services. 12. ACKNOWLEDGMENTS a.Commission Minutes: Library, April 19, 2005; Traffic, Safety & Parking, April 14 & May 12,2005; Beautification, June 2,2005; Planning, June 13, 2005 b. Department Reports: Building, May 2005; Finance, May 2005; Police, May 2005 13. ADJOURNMENT Mayor Galligan adjoumed the meeting at9:34 p.m. in memory of Tricia Pinney's father who recently passed away. Respectfully submitted, h.hL Doris City Clerk Burlingame City Council Approved Minutes 268 June 20, 2005