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HomeMy WebLinkAboutMin - CC - 2015.05.18 Burlingame City Council May 18, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of May 18, 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 former Mayor and Councilmember Jerry Deal. 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 a. ADOPT-A-UNIT FLAG PRESENTATION Central County Fire Department Captain Ryan Klarich presented Mayor Nagel with a flag from Bravo Company of Fort Campbell, Kentucky. b. PRESENTATION BY PACIFIC GAS AND ELECTRIC COMPANY Scott Hart of Pacific Gas and Electric Company gave an update on the gas transmission pipeline maintenance, inspection and testing timeline. Mr. Hart also provided an update on electrical outages in South Burlingame. 7. PUBLIC COMMENTS Burlingame resident Linda Lee spoke about cars speeding on Barroilhet Avenue. Burlingame City Council May 18, 2015 Approved Minutes 2 Burlingame residents Cynthia Cornell and Melinda Nichols presented Council with a petition signed by 52 residents asking the City to adopt a just cause for eviction ordinance. There were no further public comments. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Councilmember Root removed item 8c, Vice Mayor Keighran removed items 8c and 8d; Councilmember Root said he would recuse from 8d; Councilmember Brownrigg removed item 8b. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF MAY 4, 2015 CC Kearney requested Council approve the City Council meeting minutes of May 4, 2015. Vice Mayor Keighran made a motion to approve item 8a; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR THE CALIFORNIA DRIVE ROUNDABOUT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Councilmember Brownrigg asked DPW Murtuza to provide additional information about this item. DPW Murtuza said this agreement is for engineering design services by Kimley-Horn to perform a study of the intersection near Stacks restaurant. DPW Murtuza said this is a very complicated, dangerous intersection and a traffic roundabout configuration has been identified as the solution. Mr. Murtuza advised that the San Mateo County Transportation Authority awarded the City $1,000,000 for the project. Council asked how long the traffic study would take and Traffic Engineer Augustine Chou said it would take at least three to four months for the public process and it could be as long as a year to get the design right. Council also asked if the study will consider the traffic impacts of the possible Summerhill project and the new Broadway overpass. Mr. Chou said that, as part of the design process, they have included simulations that show current conditions and future conditions. Councilmember Brownrigg stressed the need for public outreach since this intersection is a very important part of the downtown and we need to provide the public with as much information as possible. Mayor Nagel opened the item for public comment and Marci Palatella spoke and said her office building is across from Stacks and she agreed that this is a very dangerous intersection. There were no further comments. Vice Mayor Keighran made a motion to approve item Resolution No. 49-2015; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council May 18, 2015 Approved Minutes 3 c. ADOPTION OF A RESOLUTION MEMORIALIZING THE CITY COUNCIL’S ACTION WITH RESPECT TO MARK ROBERTSON’S APPEAL OF THE PLANNING COMMISSION’S MARCH 23, 2015 DENIAL WITH PREJUDICE OF APPLICATIONS FOR DESIGN REVIEW AND A SPECIAL PERMIT FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AT 1516 HOWARD AVENUE Vice Mayor Keighran commented that the resolution did not state that Council gave direction that the item should go to design review. CDD Meeker clarified that it was stated in section two, page two of the resolution. CA Kane also provided additional clarification on the action taken. Vice Mayor Keighran made a motion to approve Resolution No. 50-2015; seconded by Councilmember Brownrigg. The motion was approved by voice vote, 4-1 (Mayor Nagel voted no). d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PANORAMA ENVIRONMENTAL, INC. TO PERFOM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE MULTI- FAMILY RESIDENTIAL DEVELOPMENT PROJECT AT 1128-1132 DOUGLAS AVENUE AND 524 OAK GROVE AVENUE Vice Mayor Keighran questioned why only the front portion of the home on Douglas was being moved and not the back portion of the home. CDD Meeker clarified that the front portion of the home has been deemed historical under CEQA. Mr. Meeker said the applicant has chosen to relocate the front of the house to Oak Grove as a mitigation, thus making this a two prong project. Councilmember Brownrigg motion to approve Resolution No. 51-2015; seconded by Vice Mayor Keighran. The motion was approved by voice vote, 4-0-1 (Councilmember Root recused). 9. PUBLIC HEARINGS a. CITY COUNCIL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DENIAL WITHOUT PREJUDICE OF APPLICATIONS FOR DESIGN REVIEW AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE, AN ATTACHED GARAGE, AND A BASEMENT FOR A NEW TWO-STORY SINGLE FAMILY DWELLING ON PROPERTY AT 1906 EASTON DRIVE LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE CDD Meeker reviewed the staff report and advised that the applicant proposes to demolish an existing single-story family dwelling and detached carport to a build a new, two-story single family dwelling with an attached garage and basement. Mr. Meeker said the April 13, 2015 staff report to the Planning Commission is attached to this staff report and provides a detailed analysis of the proposal. CDD Meeker further advised that the Planning Commission denied the applicant’s request without prejudice at their April 13, 2015 meeting. Mr. Meeker said the Planning Commission’s concerns focused on the compatibility of the proposed design with the neighborhood, in particular the proposed plate height, the flat roof, and the requested encroachment into the declining height envelope. The Commission also recommended a garage door with additional detailing. Mayor Nagel opened the public hearing and the applicant Frank Wong spoke and said the Planning Commission did not provide him with any direction for his project. Mr. Wong said he does not agree with Burlingame City Council May 18, 2015 Approved Minutes 4 the Planning Commission’s finding that the home does not fit in with the neighborhood and provided examples of homes in the area with flat roofs and attached garages. Mayor Nagel opened the hearing to the public and there were no comments. The applicant’s designer Jerry Deal spoke and said only one Commissioner commented about the flat roof. Mr. Deal also commented that his client wasn’t afforded the opportunity to have all seven Commissioners at the meeting and there were only four of them in attendance. Council questions and discussion followed and although some of the Councilmembers did not object to the design of the house, they agreed that it does not fit in with design review guidelines that the architectural design of residences be compatible with the neighborhood character. Councilmember Brownrigg made a motion to deny the appeal and uphold the Planning Commission’s denial without prejudice and recommended sending it to design review; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT (BID) ASSESSMENTS FOR FISCAL YEAR 2015-2016, AND INTRODUCTION OF AN ORDINANCE TO REESTABLISH THE DISTRICT FinDir Augustine reviewed the staff report and requested Council consider both the fiscal year 2015-16 assessments for the Broadway Business Improvement District and introduce an ordinance reestablishing the 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 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. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. CC Kearney reported that no protests were received. Councilmember Brownrigg made a motion to adopt Resolution No. 52-2015 establishing and levying the 2015-16 assessments for the Broadway Business Improvement District; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. c. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLNGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 DPW Murtuza reviewed the staff report and requested Council adopt the Burlingame Avenue Streetscape Improvements Assessment Resolution. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Burlingame City Council May 18, 2015 Approved Minutes 5 Vice Mayor Keighran made a motion to adopt Resolution No. 53-2015 to renew the levy and collection of assessments for the downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2015- 16; seconded by Councilman Root. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Keighran thanked the Burlingame Avenue property owners for partnering with the City and sharing the costs to make Burlingame Avenue look the way it does today. Vice Mayor Keighran also thanked the staff for all their efforts and working with the businesses during the construction. d. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE CHAPTER 18.22 “FLOOD DAMAGE PREVENTION” DPW Murtuza reviewed the staff report and said that the Federal Emergency Management Agency (FEMA) informed the City that the City’s existing ordinance needs to be updated to be in compliance with FEMA requirements. Mr. Murtuza said the City’s current ordinance has not been updated since 1981. 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. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilmember Brownrigg made a motion to 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. UPDATE ON THE STATE WATER RESOURCE CONTROL BOARD (SWRCB) MANDATORY WATER CONSERVATION REGULATIONS AND ADOPTION OF A RESOLUTION IMPLEMENTING WATER USE RESTRICTIONS IN COMPLIANCE WITH STATE REQUIREMENT DPW Murtuza introduced Assistant Public Works Director Art Morimoto who gave a presentation updating the State of California Mandatory Water Conservation Regulations. Mr. Morimoto said Burlingame is a Tier 4 Category requiring a 16% water reduction. Mr. Morimoto noted that the State Water Resource Control Board shows that Burlingame is already conserving approximately 17% of water use compared to the baseline consumption period. APWD Morimoto reviewed proposed water use restrictions that included outside irrigation shall only be permitted on Monday and Thursday, the recommended limit is 15 minutes per station, and irrigation is prohibited between the hours of 7:00 a.m. and 7:00 p.m. Mr. Morimoto said there would be extensive public outreach through mailings, the City website, City hotline, and community organizations. Mayor Nagel opened the public hearing and Burlingame residents Brian Benn and Donna Colson spoke on the item. Burlingame City Council May 18, 2015 Approved Minutes 6 Council discussion followed and Councilmember Brownrigg made a motion to declare that a water shortage exists; seconded by Councilmember Ortiz. Councilmember Root made a motion to adopt Resolution No. 54-2015 as written but change the hours that irrigation is prohibited from 7:00 a.m. to 6:00 p.m., and to add that broken or defective sprinklers, or irrigation systems that leak, must be repaired within 24 hours or the system will be turned off until the repairs are made; seconded by Councilmember Ortiz. Councilmember Brownrigg amended the motion to ask staff to develop an FAQ on the City website concerning graywater. There was not consensus among the Councilmembers that the motion be amended. CM Goldman said staff would address the graywater issue in the very near future at a regular Council meeting or at a study session. The original motion was approved unanimously by voice vote, 5-0. b. POLICY DISCUSSION REGARDING THE REGULATION OF SECONDHAND SMOKE IN MULTI-UNIT HOUSING CM Goldman spoke and said she and CA Kane prepared the staff report that presents some points for discussion concerning the regulation of secondhand smoke in multi-unit housing. CM Goldman and CA Kane both have experience with the regulation of secondhand smoke in other cities where they have worked and they briefly shared their experiences. Council questions and discussion followed and Councilmember Brownrigg noted for the record that he was contacted by the California Apartment Association. He said they advised him that they have a neutral position on this matter and asked that the City consult with them before moving forward with adopting an ordinance. CM Goldman said that they also contacted her and she told them we were not adopting an ordinance at this meeting, but just having a discussion. She assured the Council that she and the City Attorney would meet with them and get their input if Council decided to move forward with regulating secondhand smoke. Mayor Nagel opened the item for public input and the following individuals spoke in support of regulating secondhand smoke in multi-unit housing: Louise Bekins, Leanne Porter, Carole Setzer, Tania Dubrovsky Karen Licavoli, Olga Radom, and Zakiya Hussein. There were no further comments. The Councilmembers agreed to move forward with considering regulating secondhand smoke in multi-unit housing, but that it not be implemented for at least a year or more. Council would also like considerable public outreach and provide designated areas where smoking is allowed. Council also recommended that City staff discuss with San Mateo County as to how their smoking ordinance is written. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Due to the late hour, Council postponed this item until the next meeting. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGMENTS Burlingame City Council May 18, 2015 Approved Minutes 7 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 11:00 p.m. Respectfully submitted, /s/ Mary Ellen Kearney City Clerk