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HomeMy WebLinkAboutMin - CC - 2015.01.05 Burlingame City Council January 5, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of January 5, 2015 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 Nagel called the meeting to order at 6:00 p.m. due to a study session concerning housing policy options followed by the regular Council meeting at 7:00 p,m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Charles Voltz. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS Eric Kahn spoke and requested that the City consider offering the Home Energy Renovation Opportunity (HERO) Program to the residents. CM Goldman advised that this is something the City is currently researching. HIP Housing Associate Director Laura Fanucchi spoke about her organization and gave the Councilmembers the 2015 HIP Housing calendar. Burlingame City Council January 5, 2015 Approved Minutes 2 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar and there were no requests. Mayor Nagel advised that item 8e was postponed to a future meeting. Councilmember Brownrigg made a motion to adopt items 8a, b, c, and d of the Consent Calendar; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF DECEMBER 15, 2014 CC Kearney requested Council approve the City Council meeting minutes of December 15, 2014. b. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO K. J. WOODS CONSTRUCTION, INC. FOR THE AIRPORT BOULEVARD FORCE MAIN AND CAROLAN AVENUE UTILITY IMPROVEMENTS PROJECT AND APPROVING A PROFESSIONAL SERVICE AGREEMENT WITH HATCH MATT MACDONALD FOR THE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolutions No. 1-2015 and 2-2015. c. RECOMMENDATION TO CONFIRM MAYOR’S COUNCIL ASSIGNMENTS FOR 2015 CC Kearney requested Council approve the 2015 City Council assignments. d. ADOPT A RESOLUTION APPROVING AN AMENDMENT TO CITY MANAGER’S CONTRACT HRD Loomis requested Council adopt Resolution No.3-2015. 9. PUBLIC HEARINGS a. ADOPTION OF AN URGENCY MORATORIUM ORDINANCE ON NEW APPLICATIONS FOR MARIJUANA DISPENSARIES, COLLECTIVES, GROWING OPERATIONS, AND RELATED USES CA Kane reviewed the staff report and advised that on a periodic basis staff has been approached with proposals to open marijuana dispensaries and collectives within Burlingame. Ms. Kane further advised that currently the City’s Zoning Code does not address marijuana-related establishments, but under the Code uses that are not listed as permitted or conditional, are prohibited. CA Kane said the reason this item is being brought to the Council is to provide clarity to prospective applicants for marijuana-related land uses, and the moratorium would give the City time to assess what, if any, regulation of marijuana-related uses should be adopted as part of a permanent Zoning Code revision. Council questioned if the City currently has any applications for marijuana-related businesses, and CA Kane assured them there were not at this time. Burlingame City Council January 5, 2015 Approved Minutes 3 Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a motion to waive further reading and introduce the Ordinance; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Mayor Nagel opened the public hearing and Nathaniel Horton spoke. Council discussed support of a permanent ban on any marijuana dispensaries or related uses provided it didn’t put the City in harm’s way for lawsuits. Councilmember Ortiz made a motion to adopt Urgency Moratorium Ordinance No. 1906; seconded by Councilmember Brownrigg. The motion was approved unanimously by roll call vote 5-0. b. ADOPTION OF AN URGENCY MORATORIUM ORDINANCE ON NEW APPLICATIONS FOR MASSAGE ESTABLISHMENTS CA Kane reviewed the staff report and advised the state legislature recently altered the regulatory landscape for the massage industry again. This time the legislature would restore some, but not all, of the powers previously exercised by local governments prior to the 2009 state legislation that took away cities regulatory control over massage establishments. CA Kane said adoption of this urgency moratorium ordinance would give the City time to ensure that Burlingame’s approach takes into account regional responses to the legislation and the City’s own assessment of its zoning and public safety needs. Ms. Kane said the City also needs time to ascertain what our neighboring cities are doing and how it could impact Burlingame, both in a negative sense and in a positive sense. Council asked if there were any pending applications and CA Kane said there is one change of ownership pending and one new application pending. She advised that both applications were filed prior to the end of the year and the adoption of the moratorium so they would be “grandfathered” in. Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a motion to waive further reading and introduce the Ordinance; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Mayor Nagel opened the public hearing and no one spoke. Councilmember Brownrigg made a motion to adopt Urgency Moratorium Ordinance No. 1907; seconded by Vice Mayor Keighran. The motion was approved unanimously by roll call vote, 5-0. c. PUBLIC HEARING AND ACTION TO CONSIDER ADOPTION OF A RESOLUTION OF APPROVAL OF THE 2015-2023 HOUSING ELEMENT UPDATE – NEGATIVE DECLARATION AND AMENDMENT TO THE GENERAL PLAN Planning Manager Kevin Gardiner reviewed the staff report and advised that the Draft Housing Element was submitted to the State Department of Housing and Community Development (HCD) for review and determination that it complies with the State Housing Element Law. Mr. Gardiner further advised that HCD provided comments requesting changes to the Draft Housing Element, and City staff submitted revisions to address those HCD comments. Planning Manager Gardiner said once the Housing Element update is adopted, the final document will be submitted to HCD for certification. Burlingame City Council January 5, 2015 Approved Minutes 4 Planning Manager Gardiner introduced Jeff Bradley of Metropolitan Planning Group who reviewed the key revisions from HCD. Council discussion and questions followed and Mr. Bradley, CDD Meeker, and CA Kane addressed the Councilmembers questions and concerns. Vice Mayor Keighran stated for the record that she respectfully disagrees with the increase in population numbers on page 14 of the report since significant population increases have not been the trend in the past. Mayor Nagel opened the public hearing and no one spoke. Councilmember Brownrigg made a motion to adopt Resolution No. 4-2015 adopting the 2015-2023 Housing Element Update as an Amendment to the General Plan, Including Program H, F-9 regarding the zero net loss of housing units; and Resolution No. 5-2015 Finding no Substantial Evidence that the Approval of the 2015- 2023 Housing Element Update Will Have no Significant Effect on the Environment Under the California Environmental Quality Act (CEQA) Pursuant to Article 6 of the CEQA Guidelines; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 25.63 OF THE BURLINGAME MUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY BONUS ORDINANCE) Planning Manager Kevin Gardiner gave a presentation on the proposed ordinance that is a merger of the existing Chapter 25.63 Inclusionary Housing with the requirements of State Density Bonus Law Section 65915. Mr. Gardiner said this represents one of 35 housing programs in the 2015-2013 Housing Element and it will satisfy some of the community needs, but not all. Mr. Gardiner said the focus with this ordinance is to encourage inclusion of affordable units in new development and renovations to contribute to the community’s needs. Planning Manager Gardiner advised that Council requested input from stakeholders at the November 17, 2014 Council meeting and he reviewed staff’s efforts with Affordable Housing Developer, MidPen and some Market Rate Developers. Mr. Gardiner said they had very productive meetings with both MidPen and the Market Rate Developers and got feedback from their work with other cities in dealing with the density bonus issue. Council questions and discussion followed and Councilmembers requested modifications to the draft ordinance to eliminate references to interior finishes and minimum dwelling unit sizes. The Councilmembers also discussed some other provisions of the draft Ordinance concerning general plan standards and asked for clarification on whether it was the City’s General Plan, or the general nature of the plan of the project. The Councilmembers also requested clarification on the reference to the inclusionary housing program and to impact and in-lieu fees and height limits. Mayor Nagel opened the item for public comment and there were no comments. There was consensus among the Councilmembers that the ordinance needed clarifications and staff advised that the clarifications would be made and the ordinance would be reintroduced at the next City Council meeting. Burlingame City Council January 5, 2015 Approved Minutes 5 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety & Parking, October 9 & 23, 2014 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:42 p.m. Respectfully submitted, /s/ Mary Ellen Kearney City Clerk