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HomeMy WebLinkAboutMin - CC - 2015.08.17 Burlingame City Council August 17, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of August 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. Meaghan Hassel-Shearer was sworn in as the new City Clerk by former City Clerk Mary Ellen Kearney. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mary Ellen Kearney. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. Mayor Nagel advised that the Council had a study session prior to the meeting to discuss the proposed Community Center Conceptual Plan. 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 Ross Bruce thanked the City for its support of the bike rack program. BCE president Angela Dubovsky invited the community to the 4th annual Burlingame Spirit Run on September 7, 2015. Burlingame Lions members Viviana Bolivar-Cuspo and Nirmala Bandrapalli invited the community to participate in the Lion’s weekly lunches on Monday at noon. Burlingame City Council August 17, 2015 Approved Minutes 2 Burlingame residents Isabel Christopher, Cynthia Cornell and Mauricia Savella spoke about the high cost of rental units in Burlingame and just cause eviction protection. Burlingame resident Mary Hunt spoke about how the Burlingame Woman’s Club planted the Eucalyptus trees on El Camino Real and asked for the Council’s help in protecting those trees. Burlingame resident and former Mayor Cathy Ba ylock thanked Mary Ellen Kearney for her years of service and her title of “Highest Vote Getter.” 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Mayor Nagel removed item 8a and Vice Mayor Keighran removed 8b, 8c, and 8e. Councilmember Brownrigg removed 8j, Councilmember Ortiz removed 8h and Councilmember Root removed 8f. Councilmember Root made a motion to adopt items 8d, g, i, k, l and m of the Consent Calendar; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. a. APPROVAL OF THE CITY COUNCIL MEETING MINUTES OF JULY 6, 2015 CC Kearney requested Council approve the City Council meeting minutes of July 6, 2015. Mayor Nagel asked that the minutes be amended to reflect that due to the late hour of the July 6, 2015 meeting that the Council postponed reporting on their committee and activities until the next meeting. Mayor Nagel made a motion to adopt the amended minutes; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. b. OPEN NOMINATION PERIOD TO FILL TWO IMPENDING VACANCIES ON THE PARKS AND RECREATION COMMISSION CM Goldman requested Council call for applications for the two vacancies on the Parks and Recreation Commission by October 16, 2015. Vice Mayor Keighran asked that in the future, staff include the names of the Commissioners whose terms were ending on the Staff Report. Mayor Nagel requested that the terms of each Commissioner be listed on the website. 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. OPEN NOMINATION PERIOD TO FILL FOUR IMPENDING VACANCIES ON THE BEAUTIFICATION COMMISSION CM Goldman requested Council call for applications for the four vacancies on the Beautification Commission by October 16, 2015. Burlingame City Council August 17, 2015 Approved Minutes 3 Vice Mayor Keighran made a motion to adopt item 8c; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. d. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING INTERIM ORDINANCE 1911 AND AMENDING CHAPTER 6.39 OF THE BURLINGAME MUNICIPAL CODE REGULATING MASSAGE ESTABLISHMENTS CA Kane requested Council adopt Ordinance 1918 repealing Interim Ordinance 1911 and amending Chapter 6.39 of the Burlingame Municipal Code regulating massage establishments. e. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTI- FAMILY DWELLINGS CA Kane requested Council adopt Ordinance 1919 amending Chapter 8.18 of the Burlingame Municipal Code to prohibit smoking in multi-family dwellings. Councilmember Brownrigg wished to note that this Ordinance was widely supported by the community and thanked Councilmember Root for putting it on the agenda. Vice Mayor Keighran stated her concerns with the City’s attempts to regulate what occurs within the confines of an individual’s dwelling and the practicality of enforcing this Ordinance. Councilmember Root noted that while he was also concerned about privacy issues that this was a health concern that needed to be addressed. Both Mayor Nagel and Councilmember Ortiz echoed the health concerns. Councilmember Brownrigg made a motion to adopt Ordinance 1919; seconded by Councilmember Root. This motion was approved by voice vote 4-1. (Keighran voted against) f. ANNUAL RENEWAL OF THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT (DBID): RESOLUTION APPROVING THE 2014-15 ANNUAL REPORT; DECLARING THE CITY’S INTENTION TO ESTABLISH AND LEVY ASSESSMENTS FOR FISCAL YEAR 2015-16 AND SETTING REQUIRED PUBLIC HEARING FOR SEPTEMBER 21, 2015 FinDir Augustine requested Council adopt Resolution Number 76-2015. Councilmember Root requested that the FinDir Augustine invite DBID to the Council meetings for general updates and to address the lights on the trees. Juan Loredo, from DBID was in attendance and answered a few questions the Council had concerning the lights on the trees on Burlingame Avenue. He stated that the lights need to be rewrapped and that currently DBID is working on procuring this service. Councilmember Root made a motion to adopt item 8f; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. g. QUARTERLY INVESTMENT REPORT, PERIOD ENDING JUNE 30, 2015 FinDir Augustine requested Council adopt the Quarterly Investment Report. h. APPROVAL OF INVESTMENT POLICY FOR FISCAL YEAR 2015-16 Burlingame City Council August 17, 2015 Approved Minutes 4 FinDir Augustine requested Council approve the City’s investment policy for fiscal year 2015-16. Councilmember Ortiz asked FinDir Augustine for clarification of the term “supranational investments.” FinDir Augustine explained that supranationals are also known as multi-laterals; they are formed by partnering governments that provide financial services to developing countries and have high credit ratings. Councilmember Ortiz made a motion to adopt item 8h; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. i. ADOPTION OF A REOSLUTION ACCEPTING THE GRANT OF AN EASEMENT OT THE CITY OF BURLINGAME FOR INSTALLATION OF WATER SYSTEM FACILITIES AT 1500 EASTON DRIVE DPW Murtuza requested Council adopt 77-2015. j. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT TITLED “FLOODING AHEAD: PLANNING FOR SEA LEVEL RISE” DPW Murtuza requested Council adopt 78-2015. Councilmember Brownrigg asked if there was a deadline for the letter. DPW Murtuza stated that the deadline was September 3, 2015. Councilmember Brownrigg wished to point out that although the Grand Jury thinks the County is the reasonable decision making body with respect to defending against sea level rising, this is a regional issue and deserves a regional approach. Mayor Nagel stated that at the California League of Cities, Supervisor Don Horsley stated that he wanted to create a subcommittee of regional supervisors to discuss this matter. Councilmember Brownrigg made a motion to adopt item 8j; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. k. ADOPTION OF A RESOLUTION ESTABLISHING SALARY RANGES FOR THE MANAGEMENT ASSISTANT AND WATER QUALITY AND METER LEAD WORKER POSITIONS HR Loomis requested Council adopt 79-2015. l. ADOPTION OF A RESOLUTION ACCEPTING THE BURLINGAME LIBRARY MILLENIUM PROJECT CONTRACTED TO AND CONSTRUCTED BY ZOLMAN CONSTRUCTION AND DEVELOPMENT, INC., CITY PROJECT NO. 83320 Lib McCulley requested Council adopt Resolution Number 80-2015. m. AUTHORIZE THE CITY MANAGER TO EXECUTE THE BAY AREA WATER SUPPLY AND CONSERVATION AGENCY’S “PARTICIPATION AGREEMENT FOR THE FREE Burlingame City Council August 17, 2015 Approved Minutes 5 SPRINKLER NOZZLES PROGRAM FOR AUGUST 1, 2015 THRU JUNE 30, 2016” AND APPROVE A SUPPLEMENTAL BUDGET REQUEST Sustainability Coordinator Michael requested Council’s authorization for the City Manager to execute participation agreement for the free sprinkler nozzle program. Vice Mayor Keighran asked that this program be advertised on the City’s website and in the Burlingame e- newsletter. CM Goldman assured the Vice Mayor that the City had plans to advertise the program and to encourage the community to participate. 9. PUBLIC HEARINGS a. PUBLIC HEARING REGARDING THE 50/50 PROGRAM COSTS; ADOPTION OF A RESOLUTION AUTHORIZING COLLECTION OF PROPERTY OWNERS’ COSTS AND RESOLUTION ACCEPTING THE 2014 SIDEWALK MAINTENANCE PROGRAM BY GOLDEN BAY CONSTRUCTION, INC., CITY PROJECT NO. 83160 Public Works Engineer Victor Voong reviewed the staff report which requested three actions: (1) hold a public hearing to hear any protests and approve 50/50 sidewalk costs; (2) adopt a resolution accepting the maintenance program by Golden Gate Construction; and (3) adopt a resolution authorizing the collection of the homeowners’ share of the cost. Victor went on to explain that last year , through the 50/50 program the City was able to replace 46,000 square feet of sidewalk with 51 properties participating at an average cost of $308 to the property owner. Mr. Voong stated that under the 50/50 program, the staff sent notices to the public about the City’s intention to fix the sidewalk in front of their house, the total cost, and that a hearing would be held on August 17, 2015. Mayor Nagel asked when the next sidewalk review was scheduled to begin. Victor stated that the program for the upcoming year is in its final stages, and that it will go out to bid later this year with construction scheduled for the spring. Mayor Nagel stated that if the public had concerns about the sidewalk in front of their house they could call Public Works to see if they qualify under the 50/50 repair program. Councilmember Ortiz asked what the response from homeowners was. Victor stated that a majority of the homeowners were happy about the repairs and the sharing of the costs. He also stated that the City had not received any written complaints. Mayor Nagel opened the public hearing and Burlingame residents Richard Huang and Pat Giorni spoke. Burlingame resident Richard Huang explained that his family was being asked to participate in the 50/50 program and that he didn’t think that the residents should have to pay for the damages that the city trees caused to the sidewalk. DPW Murtuza responded that the program was established primarily for damage caused by trees. DPW Murtuza went on to explain that under the State of California Streets and Highway Accord the City could require adjoining properties to pay for 100% of the repairs. However, in 2010, the Burlingame City Council voted that the cost should be shared 50/50 between the City and the adjoining properties. Burlingame resident Pat Giorni stated that when the Council passed the 50/50 program in 2010, the Council had discussed that when the economy improved the City would once again fund 100% of the repairs. Burlingame City Council August 17, 2015 Approved Minutes 6 Mayor Anne Keighran moved to adopt Resolution Number 81-2015 accepting the 2014 Sidewalk Maintenance program by Golden Gate Construction; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. Councilmember Brownrigg moved to adopt Resolution Number 82-2015 for the collection of property owners’ costs; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5- 0. Councilmember Brownrigg noted that he believed there was a benefit to maintaining the 50/50 program as it ensured that citizens and government alike were held accountable for monitoring sidewalk issues and the health of trees. b. INTRODUCTION OF AN ORDINANCE ADDING SECTION 18.07.130 TO THE CITY OF BURLINGAME MUNICIPAL CODE CREATING AN EXPEDITED PROCEDURE FOR PERMITTING SMALL ROOFTOP RESIDENTIAL SOLAR SYSTEMS Building Official Joe Cyr reviewed the staff report stating that Assembly Bill 2188 requires that all cities and counties adopt an ordinance that creates an expedited process for residential solar panels. He stated that since 2007, the City of Burlingame had eliminated fees associated with solar panels and expedited the process so that citizens obtained approval in 3-5 business days. To comply with the new law, the City has posted information concerning the requirements to use a residential solar system and the application on the City’s website: www.burlingame.org. Mayor Nagel stated she was happy to hear that since 2007, Burlingame had a zero permit fee for solar system installation. She asked Cyr how many permit applications they received a year. He stated they averaged 50 a year. Mayor Nagel requested that the City Clerk read the proposed Ordinance. Vice Mayor Keighran moved 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 for comments. There were no comments from the floor, and the hearing was closed. 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES Mayor Nagel commented that the Council had interviewed five excellent candidates who applied for the one opening on the Library Board of Trustees. Mayor Nagel opened the item for public comment, no one spoke. Councilmember Brownrigg echoed Mayor Nagel’s comments that the candidates were outstanding and asked that those who were not selected consider assisting the Library in other ways. CC Kearney gave each Councilmember a ballot to vote for one of the five candidates. As no candidate Burlingame City Council August 17, 2015 Approved Minutes 7 received a majority of the votes, the Council went to a second ballot. Councilmember Brownrigg asked that the candidates be discussed. All Councilmembers commented on the high quality of candidates. The second ballot resulted in Randi Murray being appointed to the Library Board of Trustees for a three-year term, ending June 30, 2018. b. REVIEW OF STREET TREE “THEMED BLOCK” POLICY P&RD Glomstad reviewed the staff report and requested that the Council approve the proposed amendment to the street tree “themed block” policy. She stated that the decision to create an amendment came about as a result of the concerns of citizens who did not wish to have a themed tree in front of their house. Therefore, at the March Beautification Commission meeting, the Commission determined that there should be a procedure established to allow citizens the ability to remove a themed block. The Commission proposed that if an individual wished to remove a themed block, they would need to secure signatures from at least three-quarters of the property owners on that block. If they were successful in obtaining the necessary signatures, the Commission would then review the application to ensure that the change did not adversely impact the community. Council discussion followed concerning when trees are replaced, what type is replanted, and whether a block could become a theme block. Mayor Nagel opened the item for public comment. Burlingame resident Karen Dittman, a former member of the Beautification Commission discussed that the amendment was carefully established to ensure that while citizens should be provided an opt out that there is first consensus from the block. Burlingame residents Nirmala Bandrapalli, Jennifer Pfaff, Cathy Baylock, Pat Giorni, and Chris Bush spoke about ensuring safeguards to protect the trees in Burlingame while still allowing citizens opt outs when necessary. Mayor Nagel closed public comment and opened the discussion up to the Council for questions. Vice Mayor Keighran discussed her concerns that what was being considered would undo the work that was done by citizens in 2008 to establish themed blocks. She further explained that in 2008, the Commission carefully chose themed blocks and she was concerned that by allowing individuals to opt out we would be disregarding an established plan. Councilmember Brownrigg explained that an opt out with the oversight of the Beautification Commission would ensure that major changes did not occur, while still allowing for necessary departures from the original policy. Councilmember Ortiz and Mayor Nagel echoed the opinions of Councilmember Brownrigg. Councilmember Brownrigg made a motion to approve the recommended changes for an “opt out” policy; seconded by Councilmember Ortiz. This motion was approved 4-1 by a roll call vote. (Keighran voted against) c. CALTRANS LETTER REGARDING ITS FINDINGS OF NO ADVERSE EFFECT ON THE HOWARD-RALSTON EUCALYPTUS TREE ROWS HISTORIC DISTRICT FROM THE PROPOSED DEDICATED LEFT TURN TRAFFIC SIGNAL PROJECT ON EL CAMINO REAL AT THE FLORIBUNDA AVENUE INTERSECTION Burlingame City Council August 17, 2015 Approved Minutes 8 DPW Murtuza reviewed the staff report and requested guidance from the Council concerning the City’s response to Caltrans letter stating that the Floribunda Avenue Intersection Safety Improvement Project would not adversely effect the Howard-Ralston Euclayptus Tree Rows Historic District. DPW Murtuza went on to explain that staff disputes Caltran’s letter in four ways: (1) while Caltrans states it will only be removing 5 trees, equating to 1.4% of the Historic District it is actually 14 trees making up 5% of the Historic District; (2) Caltran’s letter only focuses on the historic aspect and not the aesthetics nor the community’s repeated requests for alternatives; (3) in accordance with the definition of adverse effect under 36 CFR 800.5(a)(2), the removal of the trees does alter the characteristics of the historic property thus resulting in an adverse effect; and (4) Caltran does not consider less invasive approaches to addressing the traffic safety concerns that would not negatively impact the trees. DPW Murtuza further explained that based on conversations he had with Caltran, the earliest construction could start on this project was 2019. He also explained that he and members of the Council would be meeting with Caltran the following week to discuss the letter, options and the importance of both safety and the trees. Mayor Nagel asked if Caltran’s decision to move forward with this project was based on the possibility of losing federal funding. DPW Murtuza stated that he believed this project was being funded by the Grand Boulevard federal grant. He further stated that the Council and staff continue to offer alternatives, but that Caltran was not responsive to this point of view. Mayor Nagel also asked if Hillsborough had been contacted by Caltrans about this project. DPW Murtuza stated that they had not received a similar letter but had instead been told that their property was being prepared for condemnation. Vice Mayor Keighran stated her frustrations that this process was deadlocked with Burlingame airing its concerns and receiving no direct response from Caltran on these concerns. Therefore, Vice Mayor Keighran suggested that at the next meeting with Caltran, it might be beneficial to have Hillsborough in the meeting to ensure a united front from the cities. DPW Murtuza agreed to contact Hillsborough. DPW Murtuza then explained that because the project was occurring in a historical area, that Caltran would have to present their findings to the State Historic Preservation Office “SHPO”. Interested individuals had until August 21, 2015 to write to SHPO with their concerns on this project. Councilmember Brownrigg asked Burlingame resident Jennifer Pfaff to explain her work on establishing the Howard-Ralston Eucalyptus Tree Row as a historic district. Jennifer Pfaff explained that she was able to get this area designated as a historic district not just because of the species of the trees, but also because of the canopy effect that is created by having the trees close to the narrow street. Accordingly, she stated that by widening the road and removing trees, the integrity of the historic district would be damaged. Vice Mayor Keighran stated that in reading Jennifer Pfaff’s letter to SHPO she learned that in 1997 Caltran had planned to remove 25% of the trees on El Camino Real for traffic safety. Accordingly, she stated that there was a long history of Caltran trying to widen the road and remove the trees at the Floribunda intersection. Mayor Nagel opened the item for public comment. Burlingame residents Charles Voltz, Cathy Baylock, Nirmala Bandrapalli, Diane Condon-Wirgler, Pat Giorni, Phil Lalonde, Donna Colson, Jennifer Pfaff, Betsy McGinn, Chris Bush, Jeff Londer, and Dianne Sylvan all spoke about the need to protect this historical row and implement alternative safety measures. Each raised concerns about the impact that the removal of the trees would have on the street and that removing the trees would not improve the safety of the street. As Burlingame City Council August 17, 2015 Approved Minutes 9 well, citizens discussed either receiving or having heard that others received condemnation letters from Caltran. Burlingame resident Gaird Schlesinger spoke on the safety concerns at the Floribunda and El Camino intersection stating that while he understands the need to protect the trees that the intersection needed to be made safer for our citizens and children. Howard Wettan from the Traffic Safety and Parking Commission stated that the Commission had discussed this issue on August 13, 2015 and determined that the City should take actions now to remediate issues at this intersection even assuming the City doesn’t get cooperation from Caltran. Mayor Nagel closed public comment and opened the discussion up to the Council. Mayor Nagel asked CA Kane about the condemnation letters that Hillsborough and Burlingame citizens had received from Caltran. CA Kane stated that while she had not seen the condemnation letters that if an agency was sending a condemnation letter they were now in the planning phase of carrying out the asserted action. As well CA Kane added that there may be some CEQA (“California Environmental Quality Act”) issues with Caltran sending out condemnation letters at this point. Mayor Nagel suggested having the staff draft a response to Caltran that would include the Council and public’s concerns. Mayor Nagel and Councilmember Brownrigg decided that based on their previous experience with Caltran that they would assist the staff in drafting the response. Councilmember Brownrigg asked DPW Murtuza to focus on the historical aspect as to why there was an adverse effect. Vice Mayor Keighran voiced her concern that this was the first step for Caltran in widening the rest of El Camino Real. Furthermore she requested that DPW Murtuza incorporate these future adverse effects in the letter. 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 for future agenda items. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, April 21, 2015 b. Department Reports: Building, May 2015 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:13 p.m. Burlingame City Council August 17, 2015 Approved Minutes 10 Respectfully submitted, /s/ Meaghan Hassel Shearer City Clerk