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Home My WebLink AboutMin - CC - 2005.09.06BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of September 6, 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 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(bX1), (3XC)) claim of GCI Nutrients Threatened Litigation (Government Code $ 54956.9(b)(1), (3XC)) - claim of Josephine Hughes Decision whether to initiate litigation (Government Code $ 54956.9(c)) - two items 2. PLEDGE OF NCE TO THE FLAG Led by Sarah Brumbaugh 3. ROLL CALL a. b. c COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Galligan, Nagel, O'Mahony None 5. a. 4. MINUTES Vice Mayor Baylock made a motion to approve the minutes of the August 1,2005 Council meeting; seconded by Councilmember O'Mahony, approved unanimously by voice vote, 4-0. PRB,SENTATION PROCLAMATION FOR BURLINGAME GIRLS' UNDER 14 SOFTBALL TEAM'S GOLD MEDAL AWARI) Mayor Galligan presented proclamations to each member of the Burlingame Girls' Under 14 Softball Team. b. OVER THE COUNTER PERMITS PROCESS BY CHIEF BUILDING OFFICIAL Chief Building Official Joe Cyr gave apresentation outlining the percentage of over the counter permits issued by the City of Burlingame and other cities in the County. Burlingame City Council 280 September 6,2005 Approved Minutes 6. a. PUBLIC HEARINSS AqOPT ORDINANCE NOf 1761 TO AMFND SECTIOI,'{ 6.54.03p TO PROVIDE A PROCESS TO FILL A ON THE BURLINGAME AVENUE SS IMPROVEMENT DISTRICT BOARD BY APPOINTMENT BY CITY COUNCIL CA Anderson reviewed the staff report and requested Council adopt Ordinance No. 1761 amending Section 6.54.030 to provide a procedure for filling vacancies on the Burlingame Avenue Business Improvement District Advisory Board. Mayor Galligan opened the public hearing. Laurelle Gutierrez-Lundquist spoke on the behalf of the Advisory Board concerning the need for a full board and a process put in place for replacing board members who resign before the end of their term. There were no further comments from the floor and the hearing was closed. Councilwoman Nagel made a motion to adopt Ordinance No. 1761 amending Section 6.54.030 to provide a procedure for filling vacancies on the Burlingame Avenue Business Improvement District Advisory Board; seconded by Vice Mayor Baylock, approved by voice vote 4-0. Mayor Galligan requested DCC Kearney publish a summary of the ordinance at least 15 days after adoption. b.INTRODUCE ORDINANCES FOR PROPOSED ZONING FOR THE ANZA AREA AND ANZA POINT SOUTH ZONING DISTRICTS TO IMPLEMENT THE BAYFRONT SPECIFIC PLAI\ CP Monroe reviewed the staff report and requested Council hold a public hearing to consider proposed zontng for the Anza Area and Anza Point South ZoningDistricts. Mayor Galligan opened the public hearing. Pat Giorni, 1445 Balboa Avenue spoke against extended stay hotels in that area. There were no further comments from the floor and the hearing was closed. Mayor Galligan requested DCC Kearney read the title of the proposed Ordinance amending Title 25 to adopt the Anza Area District and make conforming changes to the Shoreline and Inner Bayshore Districts. Councilwoman O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Vice Mayor Baylock, approved unanimously by voice vote 4-0. Vice Mayor Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Mayor Galligan requested DCC Kearney read the title of the proposed Ordinance amending Title 25 to adopt the Anza Point South District. Councilwoman O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Vice Mayor Baylock, approved unanimously by voice vote 4-0. Vice Mayor Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Burlingame City Council Approved Minutes 281 September 6,2005 Mayor Galligan requested DCC Kearney to publish a summary of the proposed ordinance at least five days before proposed adoption. c.INTRODUCE ORDINANCE TO ALLOW L ESTATE OFFICES AS A CONDITIONAL USE ON THE FIRST ND SECOND FLOOR IN THE BROADWAY C OMMERCIAL AREA CP Monroe reviewed the staff report and requested Council hold a public hearing to consider allowing Real Estate offices as a conditional use on the first and second floor in the Broadway Commercial Area. Mayor Galligan opened the public hearing. Ross Bruce addressed the Council and requested a maximum of eight desks rather than five desks as it would mesh better with the square footage. Council approved his request and it would be indicated on the report when brought back for adoption. There were no further comments from the floor and the hearing was closed. Mayor Galligan requested DCC Kearney read the title of the proposed Ordinance amending Title 25.36 to Allow Real Estate offices in the Broadway Commercial Area as a conditional use and to remove the sunset clause on allowing financial institutions as a conditional use in the Broadway Commercial Area. Councilwoman O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Vice Mayor Baylock, approved unanimously by voice vote 4-0. Vice Mayor Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Mayor Galligan requested DCC Kearney to publish a summary of the proposed ordinance at least five days before proposed adoption. d. TNTROpUCE ORpTNANCE FOR PROPOS4D ZONING FOB THE TROUSDALE WEST nusnrucr ro rvrptrvmNr rnn NoRrn nunr,rxc^q.vmmoltrNs RoaD spncrnlC PLAN CP Monroe reviewed the staff report and requested Council hold a public hearing to amend the zoning regulations to establish a new zoning district for the Trousdale West area which will replace the C3lR-4 regulations in the area bounded by Murchison to El Camino Real, excluding Plaza Shopping Center, West on Tiousdale to Marco Polo (both sides to Clarice Way) and Ogden (east side only) to Murchison Avenue (city line). Mayor Galligan opened the public hearing. Pat Giorni, 1445 Balboa Avenue spoke about exploring the por.iUitity oiUrltdirg an extended stay hotel in this area rather than in the Anza area. She also asked if the issue of an assisted living facility had been put aside and CP Monroe said no that it would be addressed at the Planning Commission meeting on September 12,2005. Rudy Horak, l332Bdgehi11 asked CP Monroe where the businesses in the A-3 area such as a printing plant, personal storage and auto repair shops would relocate. Cp Monroe replied and indicated that was not the area that is being addressed in this zoning item but rather in the Rollins Road zoning area and the Planning Commission is still working on the zoning for that area. There were no further comments from the floor and the hearing was closed. Mayor Galligan requested DCC Kearney read the title of the proposed Ordinance amending Title 25 to Adopt a Trousdale West (TW) District and establish a standard condition for communications access to tall structures in the City. Burlingame city council 282 September 6'2005 Approved Minutes Councilwoman O'Mahony made a motion to waive further reading of the proposed Ordinance; seconded by Vice Mayor Baylock, approved unanimously by voice vote 4-0. Vice Mayor Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Mayor Galligan requested DCC Kearney to publish a summary of the proposed ordinance at least five days before proposed adoption. Pat Giorni, 1445 Balboa addressed the Council and presented a petition signed by residents in the 1400 block of Balboa requesting that the Planning Commission notify every household on the block at least two weeks in advance of a public meeting conceming any streetscape changes to their block. STAFF REPORTS INTRODUCE ORDINANCE TO CONDITIONALLY REZONE PORTIONS OF THE PENINSULA ICAL CENTER SITE AT 783 EL CAMINO REAL C-l AND C-3 TO UNCLASSIFIED CP Monroe reviewed the staff report and introduced an Ordinance which would conditionally rezone portions of the Peninsula Medical Center site at 1783 El Camino Real from C-1 and C-3 to unclassified. Mayor Galligan requested DCC Kearney read the title of the proposed Ordinance amending the zoning maps - incorporated in the Burlingam e Zoning Code by reclassifying the properties at l5l5 and 181 I Trousdale Drive and 1791 El Camino Real as unclassified upon transfer to the Peninsula Health Care District, a local government agency. Vice Mayor Baylock made a motion to waive further reading of the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Vice Mayor Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman O'Mahony, approved unanimously by voice vote 4-0. Mayor Galligan requested DCC Kearney to publish a summary of the proposed ordinance at least five days before proposed adoption. b. CONSIDER PTION OF APPLICATION PROCEDURE FOR VACAN IN OFFICE 8. a. OF CITY COUNCIL OR CITY CLERK CA Anderson reviewed the staff report and requested Council consider adoption of a procedure to be used if the City Council wishes to consider appointment to a vacancy in the office of City Council Member or City Clerk. After discussion and revisions by Council Members, the Council requested the Resolution be revised and _ returned to the City Council at the next meeting. Burlingame City Council Approved Minutes 283 September 6,2005 7. PUBLIC COMMENTS C. REPLACEMENT OF FIRE BOARD MEMBER FC Reilly reviewed the staff report and recommended that the Mayor/Council appoint a current member of the Council to fill the vacancy on the Central County Fire Board created by the resignation of Councilman Coffey. Mayor Galligan nominated Vice Mayor Baylock to fill the position. Councilwoman O'Mahony moved to close the nominations; seconded by Councilwoman Nagel, approved unanimously by voice vote 4- 0. d.OPEN APPLICATION PERIOD FOR SIX CO ON SEATS EXPIRING OCT/NOV 2OO5 CM Nantell recommended that Council call for applications for the Beautification, Parks & Recreation and Traffic, Safety and Parking Commissions. Mayor Galligan appointed Councilwoman Nagel and Mayor Galligan conduct interviews for the Beautification Commission; Vice Mayor Baylock and Councilwoman Nagel conduct interviews for the Parks & Recreation Commission; Councilwoman O'Mahony and Mayor Galligan conduct interviews for the Traffic, Safety & Parking Commission. 9. CONSENT a. ADOPT RESOLUTION NO. 60-2005 AFFIRMING RISK MANAGEMENT AND SAFETY POLICY OF THE CITY Ai\D APPROVING THE gITY'S INJURY & ILLNESS PREVENTION PROGRAM CA Anderson requested Council adopt Resolution No. 60 affirming the City's Risk Management and Safety Policy and approve the Injury and Illness Program. b. RESOLUTI9N NO. 61 AWARpTNG CHULA VISTA MISCELLANEOUS STORM DRAIN IMPROVEMENTS TO CASEY CONSTRUCTION. INC. DPW Bagdon recommended the Council adopt Resolution No. 61 awarding a contract for the Chula Vista/Miscellaneous Storm Drain Improvements to Casey Construction, Inc. in the amount of $452.549. C. RESOLUTION NO. 62 APPROVING ADDITIONAL CHANGE ORDER AUTHORITY FOR 2OO4 CAPE SEAL PROJECT DPW Bagdon recommended the Council adopt Resolution No. 62 authorizing the City Manager to execute change orders on behalf of the City in a total amount of up to $40,000 for the Cape Seal Project. d. cLosuRE oF AMUSEMEIIT PERMIT FOR DOLLARWIqE/IIOBBY UNLIMITED. 1205 BROADWAY CA Anderson recommended the Council close the amusement permit for Dollarwise/Hobby Unlimited at 1205 Broadway as establishment has closed. E. REFUSAL OF PROPOSED SETTLEMENT OF AT&T RIGHT TO USE AREA ALONG CALTRAIN RIGHT.OF.WAY Authorize the City Attomey to file exclusion form for proposed Telecommunication Cable/Railroad Corridor Class Settlement with AT&T Fiber Optic Cable. Burlingame City Council 284 September 6' 2005 Approved Minutes f.TENTATTVE Ar\D FINAL PARCEL MAp FOR LOT CqMBTNATION OF 8.60 ACRE PARCEL AIONG EL CAMTNO Rp,+L 98.68 FEp,T SOUTH OF TRp,USp,tLE pRrVE ANp 1.3?8 ACRE PARCE,L A,T THE pORNER qr pL CAMTNO REArr ANp TROUSpALE DRTVE. ACREAGE SUB,DIVISION. 1783 EII CAMINO REAL Item continued until the meeting of September 19,2005 ob'APPROVE AMEND TO AMUSEMENT PERMIT FOR TOS. 221 PARK ROAD FOR LIVE MUSIC APPROXIMATELY ONCE A WEEK CA Anderson requested Council approve amendment to the amusement permit for Rocket's for live music approximately once a week. h. WARRANTS AND PAYROLL FinDir Nava requested Council approve payment of Warrants #12775-13792 duly audited, in the amount of $5,614,258.31 (excluding Library checks 13390 - 13413), Payroll checks #162716-163204 inthe amount of $3,472,554.30 for the month of July, 2005. Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Vice Mayor Baylock, approved unanimously by voice vote, 4-0. IO. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. OLD BUSINESS There was no old business. 12. NEW BUSINESS Mayor Galligan set an appeal hearing for 1400 Burlingame Avenue for the September 19,2005 City Council meeting. Councilwoman O'Mahony had a copy of a resolution in support of AB 438 authorizingthat the names of sex offenders be posted on the internet which would benefit people living in apartments. Vice Mayor Baylock requested that the Council discuss ways that the City of Burlingame could show support for the victims of hurricane Katrina. 13. ACKNOWLEDGMENTS a.Commission Minutes: Commission Minutes: Traffic, Safety & Parking, July 14, 2005; Library, July 19, 2005; Beautification, August4,2005; Planning, August 8 and August 22,2005; Parks & Recreation August 18, 2005 b. Department Reports: Department Reports: Building, July, 2005; Finance, July, 2005; Police, July, 2005 Burlingame City Council Approved Minutes 28s September 6,2005 c e. Letters from CORA, Parca, Mission Hospice, Youth & Family Enrichment Services, and Ombudsman Services acknowledging the City's contribution to their organizations d. Letter from Comcast concerning programming changes. Letter from Mr. C.C. Hutchinson expressing his appreciation to the Police and Fire Departments for their outstanding response to his call for assistance. 14. ADJOURNMENT Mayor Galligan adjourned the meeting at 9:30 p.m. Respectfully submitted, tl^r€Y^ Mary Ellen Kearney Deputy City Clerk Burlingame City Council Approved Minutes 286 September 6,2005