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HomeMy WebLinkAboutMin - CC - 2015.05.04 Burlingame City Council May 4, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of May 4, 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 Chief Elections Officer Mark Church. 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 a. PRESENTATION OF A CERTIFICATE OF COMMENDATION TO THE BURLINGAME COMMUNITY FOR EDUCATION FOUNDATION Mayor Nagel presented a Certificate of Commendation to Emily Beach of the Burlingame Community for Education Foundation in recognition of their commitment to sustaining and enhancing public education for all students in the Burlingame School District. b. PRESENTATION BY COUNTY ELECTION OFFICE ON AB 2028 THE ALL MAIL BALLOT FOR THE NOVEMBER 3, 2015 ELECTION Chief Elections Officer Mark Church gave a presentation on Assembly Bill 2028 authorizing San Mateo County to conduct an all-mailed ballot for the November 3, 2015 election. Mr. Church said San Mateo County was selected to participate in this pilot program because it is a diverse, urban County with a high percentage of vote-by-mail voters. Burlingame City Council May 4, 2015 Approved Minutes 2 Mr. Church introduced Elections Division Supervisor Meaghan Hassel Shearer who reviewed ballot drop-off locations, voting centers, and Election Day voting. Ms. Hassel Shearer said the County Election Office will be doing extensive public outreach and education and will target voters who don’t usually vote by mail. The City Council had questions for both Mr. Church and Ms. Hassel Shearer and thanked them for coming to the meeting and giving the presentation. c. PRESENTATION OF THE BUSINESS RESOURCE GUIDE Economic Development Specialist Cleese Relihan spoke about the new Business Resource Guide that he developed to assist businesses starting up in Burlingame. The City Council thanked Mr. Relihan for such a thorough, informative guide and said it is the first time the City has ever had such a valuable resource to provide to new businesses and residents. 7. PUBLIC COMMENTS Burlingame residents Cynthia Cornell, Cynthia Wukotich, and Thomas Hornblower spoke about the high cost of rental housing in Burlingame. Sheryl Brady requested that her item 9b be heard before item 9a since she had a family emergency and had to leave to catch a plane. Burlingame resident Pat Giorni expressed displeasure that she is unable to get copies of architectural plans and blueprints for on-going projects from the Planning Department and is only able to look at them in their office. Ms. Giorni also suggested establishing a Senior Commission to review housing alternatives for seniors living 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 Councilmember Ortiz removed item 8h and Mayor Nagel removed item 8k. Vice Mayor Keighran made a motion to adopt items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8i, and 8j of the Consent Calendar; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF APRIL 20, 2015 CC Kearney requested Council approve the City Council meeting minutes of April 20, 2015. b. ADOPTION OF A RESOLUTION DIRECTING THE COUNTY CHIEF ELECTIONS OFFICER TO CONDUCT AN ALL MAIL BALLOT FOR THE NOVEMBER 3, 2015 ELECTION CC Kearney requested Council adopt Resolution No.39-2015. Burlingame City Council May 4, 2015 Approved Minutes 3 c. SCHEDULE A PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION’S APRIL 13, 2015 DENIAL OF REQUESTS FOR LAND-USE ENTITLEMENTS RELATED TO CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING AT 1906 EASTON DRIVE CDD Meeker requested Council schedule a public hearing on May 18, 2015 to hear an appeal for a new single-family dwelling at 1906 Easton Drive. d. ADOPTION OF A RESOLUTION AUTHORIZING A CONTRACT WITH GROUP 4 ARCHITECTURE & PLANNING, INC. FOR CONCEPTUAL DESIGN SERVICES FOR THE BURLINGAME COMMUNITY CENTER AND WASHINGTON PARK P&RD Glomstad requested Council adopt Resolution No. 40-2015. Councilmember Brownrigg commented that as we move forward with this program it is necessary to keep in mind that if this project is principally just a seismically safe, very expensive, better version of what is already there, it will be difficult to win approval of the voters. Councilmember Brownrigg requested that the staff and consultant look for ways to set this project apart from what is already there. e. ADOPTION OF A RESOLUTION ACCEPTING THE DEDICATION OF A SIDEWALK EASEMENT AT 1818 TROUSDALE DRIVE DPW Murtuza requested Council adopt Resolution No. 41-2015. f. ADOPTION OF RESOLUTIONS INITIATING PROCEEDINGS FOR RENEWING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 DPW Murtuza requested Council adopt Resolution No. 42-2015, Resolution No 43-2015, and Resolution No. 44-2015 related to the Downtown Burlingame Avenue Streetscape Project. g. UPDATE TO THE CITY’S RESPONSE TO THE GRAND JURY REPORT REGARDING THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY (SBWMA) BOARD COMPOSITION FinDir Augustine requested Council approve the updated City’s response to the 2012-2013 San Mateo Grand Jury report, South Bayside Waste Management Authority Board. h. QUARTERLY INVESTMENT REPORT, PERIOD ENDING MARCH 31, 2015 FinDir Augustine requested that the Council review and accept the quarterly investment report for the period ending March 31, 2015. Councilmember Ortiz commented that there is still money in the County pool and the City is making quite a bit more on our managed money. Councilmember Ortiz said he knew there were restrictions and asked if the City was still moving money over. FinDir Augustine said the City is restricted to only moving 20% of the declining balance in a one month period until it is down to $250,000. Ms. Augustine said that it will take about two years before all the money is moved. Burlingame City Council May 4, 2015 Approved Minutes 4 Councilmember Ortiz made a motion to adopt item 8h; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. i. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY ATTORNEY'S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY AND BENEFIT INCREASE HRD Loomis requested Council adopt Resolution No. 45-2015. j. APPROVAL OF CITY MANAGER’S OUT-OF-STATE TRAVEL CM Goldman requested Council approve her out-of-state travel to Seattle, Washington to attend the ICMA Annual Meeting September 27-30, 2015. k. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES Mayor Nagel said the City has been contracting with them for many years now and hopes more people learn about it and take advantage of the services they offer. Mayor Nagel said Burlingame is one of 13 cities in the area that retains their services. Councilmember Brownrigg made a motion to adopt Resolution No. 46-2015; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 9. PUBLIC HEARINGS a. CITY COUNCIL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DENIAL OF AN APPLICATION FOR NEGATIVE DECLARATION, DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE, ON PROPERTY AT 1516 HOWARD AVENUE, 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 two- story single family dwelling and attached one-car garage to build a new, two-story single family dwelling and two-car garage. Mr. Meeker said that at their March 23, 2015 meeting the Planning Commission denied the application and their concerns focused on the design of the front porch, noting that the front porch is not harmonious with the rest of the house and additional work is needed to resolve the issue. Mayor Nagel opened the public hearing and David Finkelstein, attorney for applicant Peggy Statz spoke and said the proposed house at 1516 Howard would be very similar to the applicant’s home at 133 Costa Rica Avenue in Burlingame. Project Designer Mark Robertson spoke and said the applicant was opposed to a front porch since the house is so close to El Camino Real and it is bad feng shui. Mayor Nagel asked if anyone in the audience wished to speak and Steve Schmidt, neighbor of 1516 Howard Avenue spoke, the son of the applicant spoke, and Burlingame resident Pat Giorni spoke. Vice Mayor Keighran clarified with CDD Meeker that the project did not go to design review and Mr. Meeker agreed. Burlingame City Council May 4, 2015 Approved Minutes 5 City Council discussion and questions followed and Councilmember Brownrigg made a motion to overturn the Planning Commission’s decision of denying the application with prejudice to denying the application without prejudice, and return it to the Planning Commission with a strong sense that the applicant and the Commission can work it out with one more go; seconded by Councilmember Root. Mayor Nagel asked CA Kane if it was permissible to send it back to the Planning Commission without prejudice, and CA Kane said yes. Mayor Nagel expressed concern that this could cause a financial burden to the applicant. Vice Mayor Keighran said she would prefer that the project be sent to design review. After reviewing at the Planning Commission meetings, the design reviewer could provide clear direction and work with the applicant. Council asked CDD Meeker for his input on Vice Mayor Keighran’s recommendation and Mr. Meeker said he liked the idea of sending the project to design review, and it would be an appropriate step to take. Mr. Meeker said if the applicant chooses to submit revised plans for the project, staff would be directed to refer the revised project plans to a design reviewer in advance of it going back to the Planning Commission. Councilmember Brownrigg amended his motion and converted it to denial without prejudice and if they want to resubmit the project, the requirement is that they go to design review. The seconder of the motion agreed. Mayor Nagel spoke and asked for clarification on the direction to the applicant and Council advised that they were not requiring a porch be added to the front of the house, but rather the front of the house be articulated much better so it does not look like the back entrance to a home. Council said they have given suggestions and now it is time for the applicant, the architect and the design reviewer to figure it out. Mayor Nagel called for a vote on the motion and the motion was approved 4-1 with Mayor Nagel voting no. b. REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO A REQUEST FOR A TYPE-20 (OFF-SALE, BEER AND WINE SALES) ALCOHOLIC BEVERAGE SALES PERMIT ISSUED THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC), AS REQUESTED BY TRAVEL TRADERS HOTEL STORES TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION FROM THE HYATT REGENCY HOTEL GIFT SHOP AT 1333 OLD BAYSHORE HIGHWAY At the request of the applicant, this item was the first public hearing. CDD Meeker reviewed the staff report and advised that there are already three off-sale locations in the hotel that sell alcohol. Mayor Nagel opened the public hearing and the applicant Sheryl Brady of Travel Traders/Permit Places spoke and requested that the Council approve her request since it would be a convenience to the hotel guests. The Councilmembers questioned the necessity portion of the alcoholic beverage sales permit and the applicant was not able to provide a strong case for that. Police Chief Wollman spoke and said he does not support the request and does not see any value to selling alcohol in the gift shop. Chief Wollman said he and Captain Matteuci spoke to the hotel manager and found that there are sufficient places in the hotel to purchase alcohol. Chief Wollman also said that selling alcohol in hotel gift shops is not something that is common in Burlingame. Burlingame City Council May 4, 2015 Approved Minutes 6 Mayor Nagel asked if anyone in the audience wished to comment and Burlingame resident Pat Giorni spoke. Councilmember Brownrigg made a motion to support the Police Chief’s decision and not grant the request; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. c. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 3, 2015 FinDir Augustine reviewed the staff report and advised that fee adjustments are not automatic and they require an annual review and approval by the City Council. Mayor Nagel opened the item for public comment and no one spoke. Vice Mayor Keighran made a motion to adopt a Resolution No. 47-2015 approving the master fee schedule effective July 3, 2015; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. At the request of the City Attorney, the following item was heard prior to the Master Fee Public Hearing. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION AUTHORIZING REIMBURSEMENT AND INDEMNITY AGREEMENTS FOR COMPLEX DEVELOPMENT PROJECTS AND PROVIDING FOR REIMBURSEMENT FOR ATTORNEY WORK CA Kane spoke and said the reason for moving this item out of order is that if it is approved, it would create a fee in the master fee schedule, and if it is not approved, it would need to be removed from the master fee schedule. CA Kane reviewed the staff report and advised that there are certain projects that require an inordinate amount of staff time. She said approval of the proposed Resolution would provide explicit authority for staff to enter into reimbursement agreements with developers of complex projects, which are defined as residential projects of 16 or more units or non-residential projects greater than 10,000 square feet. Ms. Kane further advised that projects would not be required to reimburse the City for staff time that is adequately compensated by existing flat fee rates. Council discussion followed and Council asked how neighboring cities handle this, and CA Kane said they use this policy. Council clarified that this pertains to 16 units or more and non-residential projects greater than 10,000 square feet. Mayor Nagel opened the item for public comment and no one spoke. Mayor Nagel made a motion to adopt Resolution No. 48-2015 authorizing reimbursement and indemnity agreements for complex development projects and providing for reimbursement for attorney work; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council May 4, 2015 Approved Minutes 7 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 There were no requests from the Councilmembers for future agenda items. 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety & Parking, February 12, 2015 and March 12, 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:01 p.m. in memory of Burlingame business owner Bruce Balshone. Respectfully submitted, /s/ Mary Ellen Kearney City Clerk