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HomeMy WebLinkAboutMin - CC - 2015.02.17 Burlingame City Council February 17, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of February 17, 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 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by John Kevranian. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Session, direction was given, and there was no reportable action at this time. 5. UPCOMING EVENTS Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS Burlingame resident Cynthia Cornell spoke about the renters’ march that took place in Redwood City on Saturday, February 14, 2015 and asked that the Council consider having a renters’ meeting on a Saturday. Burlingame resident Melinda spoke about rent increases and the need for just cause for eviction protection. Former Mayor and present Burlingame representative to the Mosquito & Vector Control Board Joe Galligan gave an update on the Board. Vice Mayor Keighran asked for confirmation from CDD Meeker and CA Kane that just cause for eviction ordinances do not affect actual rental prices. CA Kane confirmed that such ordinances do not regulate rental rates. Burlingame City Council February 17, 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. Councilmember Brownrigg removed item 8f; Vice Mayor Keighran removed item 8c; Mayor Nagel removed item 8a; and Councilmember Ortiz removed item 8b. Vice Mayor Keighran made a motion to adopt items d and e of the Consent Calendar; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF FEBRUARY 2, 2015 CC Kearney requested Council approve the City Council meeting minutes of February 2, 2015. Councilmember Brownrigg made a correction to the spelling of Del’Oliva, item 9c. Mayor Nagel requested that Vice Mayor Keighran’s name be added to item 9a which now reads just Vice Mayor. Vice Mayor Keighran made a motion to adopt item 8a; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. b. APPROVAL OF AN EXTENSION OF THE EXITING CONTRACT WITH BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR PROFESSIONAL AUDIT SERVICES IN CONNECTION WITH THE CITY’S 2014-15 FISCAL YEAR FinDir Augustine requested Council approve the extension of the Brown Armstrong Accountancy contract. Councilmember Ortiz asked if there was a time limit for having the same Auditor or can it go indefinitely. FinDir Augustine said the contract with Brown Armstrong is for five years and at the end of the five years the City would issue a Request for Proposals. FinDir Augustine said Brown Armstrong can elect to respond to the RFP and, if selected, they would need to internally choose a different Audit Manager and Audit Supervisor for the City’s account. Mayor Nagel wanted to make sure the amended agreement shows FinDir Augustine’s contact information. Vice Mayor Keighran made a motion to adopt item 8b; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. c. ADOPTION OF AN ORDINANCE AMENDING TITLE 25 (ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE TO REMOVE THE RESTRICTIONS ON THE NUMBER OF FOOD ESTABLISHMENTS AND ELIMINATE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR HEALTH SERVICE USES ABOVE THE FIRST FLOOR ONLY IN THE BROADWAY COMMERCIAL AREA WITHIN THE C-1 ZONING DISTRICT CDD Meeker requested Council adopt Ordinance No. 1910. Vice Mayor Keighran wanted to clarify that staff will report back in a year on this item advising which restaurants have come in and any other changes. Vice Mayor Keighran said she was aware that staff has a lot on their plate but due to the concern of the Council about fast food establishments, it was important that there be an update. CDD Meeker advised that they would report back in a year. Burlingame City Council February 17, 2015 Approved Minutes 3 Councilmember Brownrigg made a motion to adopt item 8c; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. d. ADOPTION OF A RESOLUTION ACCEPTING THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT BY REJ ELECTRIC, INC. DPW Murtuza requested Council adopt Resolution No.14-2015. e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY’S PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT’S BEACON AWARD LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE Sustainability Coordinator Michael requested Council adopt Resolution No. 15-2015. f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY’S PARTICIPATION IN A FEASABILITY STUDY OF A COMMUNITY CHOICE AGGREGATION PROGRAM FOR SAN MATEO COUNTY Sustainability Coordinator Sigalle Michael requested Council adopt Resolution No. 16-2015. Councilmember Brownrigg commented that this item is a creative way to send signals that Burlingame would like to have more clean and green energy. Mayor Nagel asked Sustainability Coordinator Michael to explain the concept of Community Choice Aggregation and Ms. Michael gave an overview of the program. Councilmember Brownrigg made a motion to adopt item 8f; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS a. EXTENSION OF AN URGENCY MORATORIUM ORDINANCE ON NEW APPLICATIONS FOR MASSAGE ESTABLISHMENTS CA Kane reviewed the staff report and advised that the Council adopted a temporary urgency moratorium on new applications for massage establishments at its January 5, 2015 meeting. Ms. Kane said an initial urgency moratorium runs for 45 days, and then must be renewed in order to remain in effect. Councilmember Brownrigg asked if there was a quota for this type of establishment and CA Kane said that is something that is being debated statewide right now at this time and no decision has been reached. Vice Mayor Keighran asked about the County regulations. CA Kane said there may be some portion of the County ordinance that would apply to our ordinance and staff would research it. 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 Ortiz. 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. Burlingame City Council February 17, 2015 Approved Minutes 4 Mayor Nagel opened the public hearing and no one spoke. Councilmember Brownrigg made a motion to adopt Urgency Moratorium Massage Ordinance No. 1911; seconded by Councilmember Root. The motion was approved unanimously by roll call vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the Ordinance. b. EXTENSION 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 January 5, 2015 Council adopted a temporary moratorium on approvals for marijuana dispensaries, growing operations and related uses. CA Kane further advised that at the January 5, 2015 meeting, a majority of the Council directed staff to investigate the possibility of a total ban on marijuana-related establishments in the City. Ms. Kane said staff has begun the process of researching local bans, current litigation challenging total bans elsewhere in the state and the experience of localities in enforcing such bans. CA Kane said a report presenting the findings of this research will be provided to Council before the expiration of this extension, so that Council may determine whether it is better to await the General Plan process or move forward at that time with an alternative regulation or ban. 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. Mayor Nagel opened the public hearing and no one spoke. Councilmember Root made a motion to adopt Urgency Ordinance No. 1912; Moratorium for Marijuana Dispensaries; seconded by Councilmember Brownrigg. The motion was approved unanimously by roll call vote, 5-0. c. INTRODUCTION OF AN ORDINANCE TO PROVIDE FOR PROPERTY UPKEEP STANDARDS AND ENHANCED CODE COMPLIANCE ENFORCEMENT FOR NON- RESIDENTIAL PROPERTIES CA Kane reviewed the staff report and advised that in November of 2014, the Council held a study session to consider whether the City should establish property upkeep standards beyond the existing nuisance provisions in the Code. Ms. Kane said that after evaluating various policy options, Council directed staff to prepare a proposed commercial property upkeep ordinance. CA Kane further advised that the proposed ordinance is designed to address visual blight and other forms of deterioration that may have a negative impact on the surrounding neighborhood. CA Kane introduced Code Compliance Officer John Silva who addressed Council’s questions and concerns. Mr. Silva said his job is to educate the community on the City’s code compliance and make sure that if someone makes a complaint that they are aware what the process entails. Mr. Silva said all complaints are properly investigated to be sure the complaint is not a form of retaliation of neighbor against neighbor. Mr. Silva said when he is investigating a property he deals with the tenant as well as the owner of the property. CA Kane said the provisions of this ordinance do apply to the tenant who is occupying the property. Burlingame City Council February 17, 2015 Approved Minutes 5 CA Kane commented on Councilmember Brownrigg’s concern about cigarette butt litter and the butts getting into the storm water drains. Ms. Kane advised that if that provision was added, it would require reintroducing the ordinance and bringing it back at another meeting. Ms. Kane suggested that it be noted in the ordinance and Councilmember Brownrigg agreed. Mayor Nagel, speaking on behalf of all the Councilmembers, said they are thrilled with the level of code enforcement that Mr. Silva has brought to the City. Mayor Nagel requested that the City Clerk read the proposed ordinance. Councilmember Ortiz made a motion to waive further reading and introduce the Ordinance; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed Ordinance. Mayor Nagel opened the public hearing and no one spoke. Councilmember Brownrigg made a motion bring the Ordinance back for adoption; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MIG FOR PREPARATION OF AN UPDATE OF THE CITY’S GENERAL PLAN AND ZONING ORDINANCE WITH ACCOMPANYING ENVIRONMENTAL IMPACT REPORT (PROJECT NAME: “BURLINGAME 2040” CDD Meeker reviewed the staff report and requested Council authorize the City Manager to execute a Professional Services Agreement with MIG in an amount not to exceed $1,320,281 for preparation of an update of the City’s General Plan and Zoning Ordinance, and to prepare an Environmental Impact Report. CDD Meeker advised that on February 18, 2014 the City Council authorized the Community Development Department to apply for grant funds from the State of California’s Strategic Growth Council through its Sustainable Communities and Incentive Program to update the City’s General Plan. CDD Meeker further advised that on June 3, 2014, the Strategic Growth Council awarded a grant of $491,770 to the City for the preparation of the update of the General Plan and the Zoning Ordinance. Vice Mayor Keighran asked how the Community Advisory Committee is going to be selected and would it be beneficial to have a Council subcommittee. CDD Meeker said this will be a topic for discussion at the joint City Council/Planning Commission meeting on March 7, 2015. Vice Mayor Keighran also asked how many study sessions and CDD Meeker said, as of now, there would be one study session but additional study sessions could be scheduled if needed. CDD Meeker commented that the contract came in under budget so there is funding for additional items. Councilmember Brownrigg commented that since there would be considerable community outreach, he requested that staff reserve time and money for the latter part of the community outreach since those sessions are more productive when there is something on the table that people can react to rather than being very open ended and not knowing what the choices might be. He also requested that MIG be aware that the Council well understands what a general plan is and he would like them to focus on the substance of it. Burlingame City Council February 17, 2015 Approved Minutes 6 Councilmember Brownrigg also requested that the community outreach noticing not be limited to just property owners, but to also include the many renters in Burlingame. Councilmember Root commented on the $491,770 grant that the City received from the Strategic Growth Council and congratulated staff on this achievement. Councilmember Root expressed concern that the team will remain in place for the approximately 30 months that it will take to complete the update to the General Plan. CDD Meeker said there is not a lot of turnover of staff in Burlingame and from his experience in another city, this type of project taps into staff’s creativity and they will want to see it through. CDD Meeker said he feels confident that the key players with MIG will remain with the project. Councilmember Root also commented that he liked some of the tasks developed by MIG such as, speaker series with the public included, plan van, mid-stream Planning Commission and City Council updates, community open house. Councilmember Ortiz commented that he would like to develop creative ways to reach out to people in other areas of the City and possibly even other jurisdictions to hear different opinions. CDD Meeker said that the consultants they interviewed were all very capable but MIG stood out since they have an expert on the team to deal with zoning regulations, and they have a creative approach to public outreach. Mayor Nagel commented that it would be preferable that the public outreach be done with different groups throughout town at different times in order to get maximum participation. Dan Amsden of MIG spoke and said there is flexibility on how they approach it. They would be willing to have citywide workshops on the broad general plan ideas as well as workshops in specific neighborhoods addressing their neighborhood topics. Mr. Amsden said one of the first tasks MIG will do is develop a detailed outreach strategy that builds from the scope of work on what will be done and the timing. Mayor Nagel noted that since staff will also be given many additional duties as part of the public outreach, including social media and a separate website, she asked CDD Meeker if there was going to be a need for additional staff. CDD Meeker said there were several large projects coming to a conclusion and he feels confident they should be able to accomplish the additional duties with existing staff and outside consultants. Councilmember Brownrigg asked Mr. Amsden how MIG would assess the cost for land uses and Mr. Amsden reviewed how they accomplish this and assured the Council that they have a financial expert as part of the consultant team. Mayor Nagel opened the item for public comment and there were no comments. Councilmember Ortiz made a motion to adopt Resolution No. 17-2015; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. b. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE PLANNING COMMISSION CM Goldman requested Council call for applications for one vacancy on the Planning Commission. Mayor Nagel opened the item for public comment, and there were no comments. Councilmembers agreed to call for applications to the Planning Commission by March 17, 2015. Burlingame City Council February 17, 2015 Approved Minutes 7 c. QUARTERLY INVESTMENT REPORT PERIOD ENDING DECEMBER 31, 2014 FinDir Augustine reviewed the staff report and advised that this investment report replaces the monthly reports that were previously provided to Council. FinDir Augustine said that the City contracted with PFM Asset Management, LLC for investment advisory services and PFM has recently worked with staff to develop a quarterly investment report that provides information regarding the City’s portfolio holdings, with emphasis on compliance with the City’s Statement of Investment Policy. Mayor Nagel thanked FinDir Augustine and said it was very thorough. Councilmember Ortiz asked why we use County pool when our managed account is so far superior. FinDir Augustine said County pool has come a long way since their failures of the past, and there are more controls in place, and the Treasurer is very smart and strong. Ms. Augustine said she would discuss with PFM about divesting ourselves from the County pool but she knows there are limits on how quickly we can withdraw from the pool. Councilmember Brownrigg made a motion to approve the Quarterly Investment Report; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. 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 Councilmember Brownrigg would like to discuss the Albemarle gate to Peninsula Hospital with noticing to residents. Vice Mayor Keighran would like to discuss possibly having the Traffic, Safety & Parking Commission meet twice a month since they will be involved with updating the General Plan. 13. ACKNOWLEDGMENTS a. Department Reports: Building, January 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:10 p.m. in memory of Burlingame resident Dennis Orellano and former long time Burlingame resident Mike McQueen. Respectfully submitted, /s/ Mary Ellen Kearney City Clerk