HomeMy WebLinkAboutMin - CC - 2015.04.06
Burlingame City Council April 6, 2015
Approved Minutes
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of April 6, 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 Rudy Horak.
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 residents Cynthia Cornell and Melinda Nichols spoke about the lack of affordable housing in
Burlingame.
8. CONSENT CALENDAR
Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent
Calendar, and she removed item 8a. Councilmember Root said he would abstain from voting on item 8c due
to the proximity to his residence, and he removed item 8h.
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Vice Mayor Keighran made a motion to adopt items 8b, c, d, e, f, g, and i of the Consent Calendar; seconded
by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0.
a. APPROVE THE CITY COUNCIL MEETING MINUTES OF MARCH 16, 2015
CC Kearney requested Council approve the City Council meeting minutes of March 16, 2015.
Mayor Nagel made a correction to the March 16, 2015 meeting minutes, item 10b, paragraphs seven and
eight to read as follows:
There was discussion by the Councilmembers concerning hiring a Community Outreach Coordinator for
Central County Fire Department who would help inform residents about training opportunities and involve
them in emergency preparedness efforts in order to build community resilience. The Council requested more
information about the cost and benefits of increasing the hours for the current part-time emergency
preparedness coordinator.
Council also discussed hiring a part-time Public Information Officer (PIO), and not all the Councilmembers
agreed that was a good idea and cautioned about adding positions since the financial impact needs to be
considered. CM Goldman said she wasn’t planning on hiring a PIO at this time since she is hoping to handle
those functions internally. CM Goldman advised that there was going to be a study session on May 18, 2015
to discuss these issues.
• Mayor Nagel also changed bullet four of paragraph nine to read: move strategy H4 of goal IV,
facilitation of neighborhood groups, to goal IA
Councilmember Brownrigg made a motion to approve item 8a as amended; seconded by Councilmember
Root. The motion was approved unanimously by voice vote, 5-0
b. ADOPTION OF A RESOLUTION ACCEPTING THE BURLINGAME AVENUE, BRODWAY,
ADELINE DRIVE, AND PENINSULA AVENUE WATER MAIN IMPROVEMENTS PROJECT
CONSTRUCTED BY D&D PIPELINES, INC.
DPW Murtuza requested Council adopt Resolution No. 26-2015.
c. ADOPTION OF A RESOLUTION APPROVING THE FINAL CONOMINIUM MAP (PM 13-
02) SUBDIVISION OF LOT F, BLOCK 5, MAP OF BURLINGAME LAND COMPANY NO. 2
SUBDIVISION AT 1225 FLORIBUNDA AVENUE
DPW Murtuza requested Council adopt Resolution No. 27-2015.
d. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE LIBRARY BOARD OF
TRUSTEES
CM Goldman requested Council call for applications to the Library Board of Trustees by June 19, 2015.
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e. APPROVAL OF PLANNING MANAGER’S ATTENDANCE AT AN OUT-OF-STATE
CONFERENCE (NATIONAL ADAPTATION FORUM)
CDD Meeker requested Council approve Planning Manager Kevin Gardiner’s attendance at National
Adaptation Forum in St. Louis, Missouri from May 12-14, 2015.
f. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME
MASTER FEE SCHEDULE EFFECTIVE JULY 3, 2015; AND SET THE PUBLIC HEARING
FOR SUCH AMENDMENT FOR MAY 4, 2015
FinDir Augustine requested Council adopt Resolution No.28-2015 amending the City of Burlingame Master
Fee Schedule and setting the public hearing for such amendment for Monday, May 4, 2015.
g. SCHEDULE A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING
COMMISSION’S MARCH 23, 2015 DENIAL OF REQUESTS FOR ADOPTION OF A
NEGATIVE DECLARATION AND APPROVAL OF APPLICATIONS FOR DESIGN REVIEW
AND A SPECIAL PERMIT FOR AN INTRUSTION INTO THE DECELING HEIGHT
ENVELOPE RELATED TO CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING AT
1516 HOWARD AVENUE
CDD Meeker requested Council schedule a public hearing at the April 20, 2015 City Council meeting to
consider the appeal.
h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE COUNTY OF SAN MATEO FOR CONTINUED PROVISION OF
ANIMAL CONTROL SERVICES FOR A FIVE-YEAR TERM BEGINNING JULY 1, 2015
Councilmember Root requested additional information concerning the agreement and CM Goldman advised
that since 1952, San Mateo County has contracted with the Peninsula Humane Society (PHS) for animal
control field and sheltering service. Ms. Goldman said all 20 cities in the County have in turn contracted
with the County for these services.
CM Goldman further advised that the mandated animal control services are provided by PHS at 12 Airport
Boulevard in San Mateo, however, that facility is in need of significant repairs and Burlingame, along with
all cities in the County, approved funding the construction of a new animal care facility at that location. CM
Goldman said that this new facility is so important to the region strategically, and the timing of this contract
extension (five years) will give the County and cities time to weigh options.
There was brief Council discussion and CM Goldman explained that some cities have had issues with PHS
but she said she has never known that to be the case in Burlingame. Council agreed that the City has always
had a very good relationship with PHS.
Councilmember Root made a motion to adopt Resolution No.29 -2015; seconded by Councilmember Ortiz.
The motion was approved unanimously by voice vote, 5-0.
i. REPORT CONFIRMING SALARY SCHEDULE FOR APPOINTED CITY CLERK
HRD Loomis requested Council approve the salary schedule for the City Clerk as shown in the staff report.
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9. PUBLIC HEARINGS
a. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION’S DENIAL OF AN
APPLICATION FOR A CONDITIONAL USE PERMIT FOR FENCED VEHICLE STORAGE
ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF BROADWAY AND
CALIFORNIA DRIVE (1260 CALIFORNIA DRIVE)
CDD Meeker reviewed the staff report and advised that the applicant, E. James Hannay of Rector Motor Car
Company, is requesting a Conditional Use Permit for car storage for approximately 80 vehicles in the
parking lot on the northeast corner of Broadway and California Drive (1260 California Drive). Mr. Meeker
said the cars to be stored at this location would include new inventory in addition to cars awaiting repairs
from the main dealership located at 1010 Cadillac Way.
CDD Meeker said the application was originally considered by the Planning Commission on February 9,
2015 and continued to the February 23, 2015 Planning Commission meeting with direction to the applicant
to provide additional information. The matter was again considered by the Commission at its February 23,
2015 meeting. Ultimately the application was denied as a result of a tied vote (3 ayes, 3 nays, 1 absent) of the
Commission. Subsequent to the Planning Commission’s action, Councilmember Brownrigg called the item
up for review by the City Council.
Mayor Nagel requested the applicant come forward and Mr. Hannay spoke and expressed his dismay with
the Planning Commission’s decision since the Rector Motor Car Company has been a good neighbor and
good stewards of their property in the City for 64 years. Mr. Hannay said he feels the City would be
enhanced by them taking over this parking lot since it will be kept clean and maintained equally as well as
their existing property.
Vice Mayor Keighran asked if the lot would be used for employee parking and Mr. Hannay said no. Mayor
Nagel requested clarification of the hours and Mr. Hannay said there would be no movement of cars from
7:00 a.m. to 9:00 a.m. and 4:00 to 7:00 p.m.
Councilmember Brownrigg asked when this was first brought to the Council and Mr. Hannay advised that it
was July 2014. Mr. Brownrigg said at that time the Council was willing to help due to the good relationship
with Rector Motor Car Company, and the fact that the City derives significant benefit from the auto dealers.
Councilmember Brownrigg said that is why he thought it was a good idea to bring this matter before the City
Council, and that while the Planning Commission raised some reasonable issues, he thought they might be
missing the bigger picture and there were elements that the Council would consider that were not really part
of the Planning Commission’s purview.
Councilmember Brownrigg requested a “sit down to talk” clause be included in the Conditional Use Permit
stating that if at some future time the City was to see a better use for the property, that a mutual termination
agreement could be imposed, and Mr. Hannay agreed to that condition.
CA Kane suggested that the wording of that condition could be “that the applicant agrees to meet with
representatives of the City and discuss any proposed alternative uses for the subject area identified pursuant
to City planning efforts” and Mr. Hannay agreed to that wording.
Mayor Nagel opened the public hearing and Burlingame resident Rudy Horak spoke about having a Fire
Department lock box placed in the parking lot, and that there be fence enhancements so that a child is unable
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to put their head between the pickets. Mr. Hannay spoke and said that the fence contractor is in complete
compliance with all safety issues.
CDD Meeker spoke and said they would add a condition “that a Fire Department lock box (Knox Box) shall
be provided if deemed necessary by the Central Council Fire Department’s Fire Marshal.” Mr. Hannay
agreed to that condition being added
Mayor Nagel closed the public hearing.
Councilmember Brownrigg spoke and said the Council was most appreciative of the time and effort that the
Planning Commission put into this issue.
Councilmember Brownrigg made a motion to overturn the Planning Commission’s denial of the project with
the additional conditions of a mutual agreement and the Fire Department lock box; seconded by Vice Mayor
Keighran. The motion was approved unanimously by voice vote, 5-0.
b. PUBLIC HEARING AND ADOPTION OF A RESOLUTION ADJUSTING THE STORM
DRAIN FEE FOR FISCAL YEAR 2015-16 BY 2.0% BASED ON THE CPI FOR THE SAN
FRANCISCO-OAKLAND-SAN JOSE, CA AREA AS PUBLISHED MARCH 24, 2015
FinDir Augustine reviewed the staff report and requested the City Council hold a public hearing to adopt the
Resolution. FinDir Augustine said this fee was established in 2009-10. Mayor Nagel asked what the
average annual fee will be, and DPW Murtuza said it would be approximately $160.00 per year.
Mayor Nagel opened the public hearing and Melinda Nichols spoke. There were no further comments from
the floor, and the hearing was closed.
Councilmember Brownrigg made a motion to adopt Resolution No. 31-2015 adjusting the storm drainage fee
for Fiscal Year 2015-16 by 2% based on the Consumer Price Index for the San Francisco-Oakland-San Jose,
CA area as published on March 24, 2015, and thanked Rudy Horak for his service on the Storm Drain
Oversight Committee for the past several years; seconded by Vice Mayor Keighran. The motion was
approved unanimously by voice vote, 5-0.
c. INTRODUCTION AND ADOPTION OF AN URGENCY ORDINANCE GOVERNING
WIRELESS FACILITY MODIFICATIONS UNDER 47 U.S.C. § 1455
CA Kane reviewed the staff report and advised that Section 6409 of the Middle Class Tax Relief and Job
Creation Act of 2012 restricted the regulatory authority that local jurisdictions may exercise over
modifications to existing wireless facilities. Ms. Kane further reviewed the Federal Communications
Commission’s regulations implementing those provisions and the restrictions on local jurisdiction, and the
impact on the City.
Council asked if this was just for existing facilities and, if so, how many. CA Kane advised that she did not
have an exact number, but it was under five.
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.
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Mayor Nagel opened the public hearing and no one spoke.
Councilmember Brownrigg made a motion to adopt the Ordinance, and include the findings as outlined in
the staff report; seconded by Councilmember Ortiz. The Mayor called for a roll call vote, and the motion was
approved unanimously 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION
Mayor Nagel commented that the Council had interviewed three excellent candidates who applied for the
one opening on the Planning Commission.
Mayor Nagel opened the item for public comment, and there were no comments.
CC Kearney gave each Councilmember a ballot to vote for one of the three candidates The ballot
submissions resulted in Michael Gaul being appointed to the Planning Commission for a four-year term,
ending April 7, 2019.
b. ADOPTION OF RESOLUTIONS AUTHORIZING THE INCLUSION OF PROPERTIES
WITHIN THE CITY’S JURISDICTION IN THE CALIFORNIA HERO PROGRAM,
FIGTREE, PACE PROGRAM, AND CSCDA OPEN PACE PROGRAM
Sustainability Coordinator Sigalle Michael reviewed the staff report and advised that the HERO, Figtree, and
CSCDA Open Pace programs offer property owners the opportunity to finance renewable energy, energy and
water efficiency improvements, and electric charging infrastructure on their property.
Council discussion followed concerning the financial impact and the various features of the three programs.
CM Goldman advised that the City will have information and collateral materials available for the residents
and the City will publicize that information in the City’s newsletter.
Mayor Nagel opened the item for public comment and John Law of the HERO Program spoke and provided
information on the interest rates for the programs. Councilmember Ortiz asked if there was any regulation
that controls the interest rate, and Mr. Law said there was not any regulation.
Vice Mayor Keighran made a motion to adopt Resolution No. 32-2015, Resolution No. 33-2015, and
Resolution No.34-2015; seconded by Councilmember Ortiz. The motion was approved unanimously by
voice vote, 5-0.
c. UPDATE ON BROADWAY COMMERCIAL AREA TRAFFIC, SAFETY, SIGNAGE, AND
PARKING IMPROVEMENTS
DPW Murtuza reviewed the staff report and addressed the key concerns that resulted from the neighborhood
meeting with the Broadway area residents and businesses.
Council discussion followed concerning signage for parking, street lighting, pedestrian safety, truck traffic
on Broadway, and cleaning of the sidewalks.
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Mayor Nagel opened the item for public comment and Burlingame business owner and President of the
Broadway Improvement District John Kevranian spoke and requested that the parking duration be noted on
the parking lot signs, and there be better signage on the 24 minute spots. Mr. Kevranian also asked for better
lighting.
DPW Murtuza advised that the parking signs are scheduled to be completed by the end of May and staff has
replaced all faded signs but the posting of the hours on the parking lot signs will not take place until later this
summer.
DPW Murtuza said the LED lights were installed in 2012, when grant funding paid for implementing better
lamp technology on Broadway and Burlingame Avenue, which satisfies the requirements for adequate street
lighting. Mr. Murtuza said the sidewalks are power washed once a month and that is the best method since
they are concrete.
Mr. Murtuza said The Police Department has stepped up their presence in the area and the City will install a
new crosswalk lighting system by the end of June that will increase pedestrian safety. DPW Murtuza said
staff is not recommending eliminating truck traffic on Broadway at this time.
The Council thanked City staff for all their efforts and was very appreciative of the progress that has been
made to improve the Broadway area.
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
Mayor Nagel requested a report on what water conservation measures the City would be imposing.
13. ACKNOWLEDGMENTS
There were no reports to acknowledge.
14. ADJOURNMENT
Mayor Nagel adjourned the meeting at 9:35 p.m. in memory of Burlingame resident and long-time City
Commissioner Jeffery Griffith.
Respectfully submitted,
/s/
Mary Ellen Kearney
City Clerk