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HomeMy WebLinkAboutMin - CC - 2015.02.02 Burlingame City Council February 2, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of February 2, 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 Ross Bruce. 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 Burlingame resident Cynthia Cornell, speaking on behalf of Burlingame Advocates for Renters Protection, spoke about the high cost of rents. 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. Councilmember Brownrigg requested removal of item 8b for a question since he was not at the prior Council meeting when it was introduced. Burlingame City Council February 2, 2015 Approved Minutes 2 Vice Mayor Keighran made a motion to adopt items 8a, and 8c of the Consent Calendar; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. (Councilmember Brownrigg abstained from voting on item 8a since he was not at the meeting.) a. APPROVE THE CITY COUNCIL MEETING MINUTES OF JANUARY 20, 2015 CC Kearney requested Council approve the City Council meeting minutes of January 20, 2015. b. ADOPTION OF AN ORDINANCE AMENDING TITLE 12 OF THE BURLINGAME MUNICIPAL CODE TO ADD A NEW CHAPTER 12.05 FOR SPECIAL CONSTRUCTION REQUIREMENTS WITHIN THE PUBLIC RIGHT-OF-WAY OF DOWNTOWN BURLINGAME AVENUE DPW Murtuza requested Council adopt Ordinance No. 1908. Councilmember Brownrigg asked if we would make an exception should a new business need to do a sewer lateral or connect a utility line. DPW Murtuza said there would be exceptions for special circumstances and the business would be required to restore the street and sidewalk to its original condition. Vice Mayor Keighran confirmed that staff would bring this item back in a year to be evaluated and possibly consider extending the moratorium from five years to ten years. Vice Mayor Keighran made a motion to adopt item 8b; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 25.63 OF THE BURLINGAMEMUNICIPAL CODE TO COMPLY WITH STATE LAW REQUIRING INCENTIVES OR CONCESSIONS FOR QUALIFYING DEVELOPMENTS (DENSITY BONUS ORDINANCE) CDD Meeker requested Council adopt Ordinance No. 1909. 9. PUBLIC HEARINGS a. UPDATE TO THE CIRCULATION ELEMENT OF THE GENERAL PLAN Planning Manager Kevin Gardiner gave a presentation with an overview of the Circulation Element and how it fits with the General Plan. Mr. Gardiner reviewed the legislative program, complete streets of 2008, updated strategy, Planning Commission recommendations from their November 10, 2014 meeting. Mayor Nagel advised that the Metropolitan Transportation Commission requires a Certified Housing element, which has been done, and the Circulation Element with the Complete Streets embedded in it in order to qualify for funding from them. Vice Mayor Keighran requested that the Traffic, Safety and Parking Commission be included in discussions and PM Gardiner said they would definitely be involved. Councilmember Ortiz commented that on page 58 Lot G is still shown in its original configuration when in fact it is quite a bit smaller now. Burlingame City Council February 2, 2015 Approved Minutes 3 Councilmember Brownrigg expressed his disappointment that the City was ill advised by a consulting team a few years ago to donate the slip roads in the north end of the City to property owners as an incentive. He said the City has since learned that the recommendation was not only infeasible, but possibly illegal. Councilmember Brownrigg said he was very frustrated by this and recommended the City not have any further dealings with that Consultant. Councilmember Keighran suggested staff consider incentives to developers of the Bayfront for improving the Bay Trails and that might expedite some interest. Councilmember Keighran said she would also like to see bicycle education as part of the school curriculum, perhaps through an Assembly Day as a good way to disburse the information. Ms. Keighran also wanted to make sure the cost estimates on page 22 get updated since the ones shown are from 2004. Mayor Nagel opened the public hearing and no one spoke. Councilmember Ortiz made a motion to adopt item 9a; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. PUBLIC HEARING TO CONSIDER AMENDMENTS TO TITLE 25 OF THE BURLINGAME MUNICIPAL CODE, THE ZONING ORDINANCE 25.30 C-1 DISTRICT REGULATIONS, 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 IN THE BROADWAY COMMERCIAL AREA WITHIN THE C-1 ZONING DISTRICT CDD Meeker reviewed the staff report and advised that the outcome of the Broadway Community Meeting held on October 18, 2014 was that the Broadway area businesses and residents would like more vitality in the Broadway Commercial District. CDD Meeker requested Council consider the proposed ordinance amending the zoning regulations to completely remove the restrictions on the number of food establishments, and eliminate the requirement for a conditional use permit for health services above the first floor in the Broadway Commercial Area. Councilmember Brownrigg spoke and said he and the other Councilmembers are all proponents for added vitality on Broadway but when considering derestricting restaurants, he thought it would mirror what exists on Burlingame Avenue that eliminated quotas for restaurants, but did not permit fast food establishments. Councilmember Brownrigg asked CDD Meeker if removing the restriction for restaurants on Broadway prohibits fast food restaurants, or allows them. Mr. Meeker advised that the way the Ordinance is written it removes the cap on all restaurants and would allow for specialty food establishments, which is the term they use for fast food. Mr. Meeker said currently there are eight specialty food establishments on Broadway. CDD Meeker further advised that if there were substantive changes to the Ordinance that was being introduced tonight, it would have to be revised and brought back to the Council. Councilmember Ortiz asked if the Council agreed to adopt the ordinance, and in the future found it was not working, was it possible to amend it. CDD Meeker said that it would follow the same procedure and first go the Planning Commission for approval and then to the City Council. Council discussion followed and the Councilmembers approved removing the restaurant cap but expressed considerable concern over the possibility of fast food restaurants moving to the Broadway Commercial District. 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 Burlingame City Council February 2, 2015 Approved Minutes 4 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 Broadway business owner John Kevranian spoke and said he does not think fast food chains such as McDonalds, Burger King or Taco Bell would be interested in opening on Broadway since those restaurants usually want their own parking lot and a drive thru. Broadway business owner Ross Bruce agreed with Mr. Kevranian and added that the Broadway area doesn’t have the population density that usually goes with fast food establishments. Broadway property owner Garbis Bezdjian spoke and said he does not agree with additional restaurants on Broadway. There was additional Council discussion and Council agreed that lifting the restrictions would increase competition in the region which is generally healthy for business, and having additional restaurants seems to be the desire of the community. Councilmember Ortiz made a motion to bring it back for adoption and review it in a year; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. c. REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO REQUESTS FOR A TYPE-20 (OFF-SALE WINE SALES) AND A TYPE-42 (ON-SALE WINE TASTING) ALCOHOLIC BEVERAGE SALES PERMITS ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC) AS REQUESTED BY DEL OLIVA INCORPORATED LOCATED AT 1440 BURLINGAME AVENUE CDD Meeker reviewed the staff report and advised that the applicant is the owner of the Del Oliva store on Burlingame Avenue. He said the owners would like to be able to sell wine, include wine in their gift baskets, and have wine tastings. CDD Meeker said the Police Department supports the request from Del Oliva, Inc. and suggested 13 conditions to be included with the applicant’s license request to the Alcohol Beverage Control Board (ABC). Council discussion followed and Council agreed that this was the type of store that is an asset to Burlingame Avenue. Councilmember Brownrigg had some minor changes to the conditions and suggested that the hours be extended to a later time should the store occasionally want to stay open. Councilmember Brownrigg also asked removal of condition number 9 since they are not selling distilled spirits, and change condition number 12 to also allow for the sale of half bottles of wine as well as full bottles. Police Chief Wollman was in agreement with the changes to the conditions. Mayor Nagel opened the public hearing and there were no comments. Councilmember Brownrigg made a motion to approve the request of Del Oliva, Inc; to sell wine at their store; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. SUMMARY OF COMMUNITY FEEDBACK RECEIVED FROM THE BROADWAY COMMERCIAL DISTRICT COMMUNITY MEETING AND COMMUNITY SURVEY AND NEXT STEPS Burlingame City Council February 2, 2015 Approved Minutes 5 CDD Meeker reviewed the staff report and advised that based on the survey responses and public input received at the October 18, 2014 community meeting, the following five categories need to be addressed: Land-Use Mix, Parking, Transportation, Streetscape, and Public Amenities. CDD Meeker also advised that the City’s Economic Development Specialist Cleese Relihan is working with the Broadway business community to better serve as a City-based resource. In addition, Mr. Meeker said that the Broadway business community is being encouraged to make better use of social media platforms and partnerships with the Chamber of Commerce to develop approaches for promoting the unique character of the business mix of Broadway. Mayor Na gel opened the item for public comment and Broadway business owners John Kevranian, Ross Bruce and Garbis Bezdjian spoke. Mayor Nagel requested Council identify for staff some items that can be dealt with in the near future. Council discussion followed and suggestions by Council were cleaning the sidewalks; better parking signage; better lighting; repair pedestrian crosswalk lighting; continue to work with Economic Development Subcommittee and Specialist; look into trolley service from the Bayfront; crosswalk safety at Walgreens; make Broadway pedestrian friendly; the “no U turn” signs need to be replaced; redirect trucks to turn at California Drive rather than driving on Broadway; increase police presence; look for grant funding; perhaps consider changing to parallel parking; think about public art and murals. Council thanked staff for all their efforts and for working with the Broadway Business District and residents to get their input. 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 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:05 p.m. Respectfully submitted, /s/ Mary Ellen Kearney City Clerk