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HomeMy WebLinkAboutMin - CC - 2015.09.21 Burlingame City Council September 21, 2015 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of September 21, 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. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Juliana Fuerbringer. 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 BY BROADWAY BID OF A DONATION TO THE POLICE CANINE UNIT John Kevranian, President of the Broadway Burlingame Business Improvement District presented a check for $2,000 to the Burlingame Police Canine Unit and challenged other businesses and organizations to contribute to the Canine Unit. Officer Vega and his canine partner Boss accepted the check on behalf of the Police Canine Unit. He stated that the donation would be used for training, equipment and to potentially add another canine to the unit. Mayor Nagel thanked the efforts of the canine unit and the support of Broadway BID. b. PRESENTATION BY THE COUNTY ON HANDLING MENTAL HEALTH EMERGENCIES Burlingame City Council September 21, 2015 Approved Minutes 2 Mayor Nagel introduced the presentation by stating that one in five Americans suffer from a behavioral health problem and that mental health issues are the leading cause of disabilities in the United States. As a result she explained the County has new initiatives to assist individuals and their loved ones with mental health issues. Mayor Nagel introduced the Medical Director of the San Mateo County Behavioral Health and Recovery Services Dr. Bob Cabaj to talk about the County’s work. Dr. Cabaj presented the County’s new brochure which provides individuals with information about mental health issues and available resources in the County. Dr. Cabaj stated that the brochure was designed to reach family members so that they know how to provide assistance to individuals with mental health issues. Dr. Cabaj also stated that the County created a pilot project called Psychiatric Emergency Response Team (“PERT”) which works to proactively prevent and reduce violent episodes in the community between individuals with mental illness, law enforcement and the public. He also described the education and treatment programs that are now available to individuals in the County. Mayor Nagel stated that the information and resources Dr. Cabaj had presented could be found on the County website at: www.smchealth.org/mh911. Police Chief Wollman discussed how he served on the Mental Health and Substance Abuse Commission. He stated that the goal of the Commission is to share information and learn how the different organizations can work together. He also explained that his staff is receiving specialized training on how to properly assist individuals with mental health issues. Dena Bravata, co-founder and chief medical officer of Lyra Health discussed the work of her organization. She explained that Lyra Health is a startup which is working to provide analytics and screening tools to identify people who can benefit from behavioral health care and then connect the patients with the right care. 7. PUBLIC COMMENTS Rick Smith spoke about Ygrene Energy Fund and their work in the County. Juliana Fuerbringer spoke about California Clubhouse, a new program in San Mateo County for individuals who have persistent mental health issues. For more information go to: www.californiaclubhouse.org. Mark Gilham from State Senator Jerry Hill’s office invited the community to attend “Java with Jerry” at Piccolo Café on October 6 from 8-9 am. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar and a member of the public asked to pull 8f. Vice Mayor Keighran made a motion to adopt items 8a, 8b, 8c, 8d, 8e, 8g, and 8h 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 SEPTEMBER 8, 2015 CC Hassel-Shearer requested Council approve the City Council meeting minutes of September 8, 2015. Burlingame City Council September 21, 2015 Approved Minutes 3 b. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 15.06 OF THE BURLINGAME MUNICIPAL CODE TO ADD ADDITIONAL PENALTIES AND ENFORCEMENT MECHANISMS FOR VIOLATION OF WATER SHORTAGE EMERGENCY RESTRICTIONS CA Kane requested Council adopt Ordinance 1921. c. ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE TO ADD STOP SIGNS AT VARIOUS LOCATIONS IN THE CITY DPW Murtuza requested Council adopt Ordinance 1922. d. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR ENGINEERING DESIGN SERVICES RELATED TO THE RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION PROJECT, CITY PROJECT NO. 84190 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 85-2015. e. ADOPTION OF A RESOLUTION AMENDING THE CONTRACT BETWEEN THE CITY AND TIMBERLINE TREE SERVICE, INC., FOR TREE PRUNING AND STUMP REMOVAL SERVICES FOR FY 2015-16 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT P&RD Glomstad requested Council adopt Resolution Number 86-2015. f. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, CONFIRMING THE CITY’S APPROVAL OF THE CONSTRUCTION OF A HELIPAD ON THE SITE OF MILLS-PENINSULA MEDICAL CENTER, LOCATED AT 1501 TROUSDALE DRIVE CDD Meeker requested Council adopt Resolution Number 87-2015. Mark Hudak representing the Peninsula Healthcare District stated that the district doesn’t oppose the helipad and believes it to be a great community asset. However, the district asked that this item be pulled from the Consent Calendar because the original language of the resolution suggested that the site of the helipad would not have an impact on the community. Mr. Hudak stated that this was wrong. The helipad’s flight pattern would affect the height of all buildings under it. Buildings would be limited to three stories when they had originally hoped for five stories. He explained that the district would continue to work with Mills-Peninsula Medical Center and the City to ensure that the impact the district identified would be minimalized. Mayor Nagel asked if the EIR limited the number of helicopter trips per year the hospital was allowed to make. Mark Hudak responded that yes there was a limit but that it wasn’t really about the number of trips because as long as there is one trip there is a limit on the height of the buildings around it. Burlingame City Council September 21, 2015 Approved Minutes 4 Vice Mayor Keighran asked what happens once the hospital reaches the maximum number of trips allotted. CDD Meeker stated that from staff’s perspective it wasn’t clear yet. Vice Mayor Keighran asked that this be reviewed so that the City isn’t put in a situation where a helicopter wants to land and the hospital has hit its maximum allowed trips. CDD Meeker explained that the purpose of the resolution is not to re-grant approval but instead show that the Council previously gave approval. Councilmember Brownrigg asked for a clarification on the district’s perspective on the project. Mark Hudak stated that the district was concerned with the potential impact to building height but that the district would work with the hospital to minimalize concerns. CEO of Mills-Peninsula Medical Center stated that there were no plans at present to building a medical office on the adjoining property and stated that therefore the hospital didn’t have a restriction on height of buildings. Councilmember Brownrigg noted that if the hospital were to expand in the future the city would not let the helipad drive the building outcome. Vice Mayor Keighran went through the history of when this was discussed at the planning commission. She stated that she hoped in the future that both parties would work with each other as she was concerned that the City was unnecessarily being placed in the middle of this topic. Vice Mayor Keighran made a motion to adopt Resolution Number 87-2015, seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DAVID J. POWERS & ASSOCIATES, INC. FOR ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED PENINSULA WELLNESS COMMUNITY MASTER PLAN AT 1819 TROUSDALE DRIVE CDD Meeker requested Council adopt Resolution Number 88-2015. h. AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) BETWEEN THE CITY AND BURLINGAME PARK SQUARE, LLC, RELATED TO THE POTENTIAL DEVELOPMENT OF PARKING LOT E AND THE DOWNTOWN BURLINGAME POST OFFICE PROPERTY CA Kane requested Council authorize the City Manager to execute an exclusive negotiation agreement with Burlingame Park Square, LLC relating to Parking Lot E and the downtown Burlingame Post Office property. Burlingame City Council September 21, 2015 Approved Minutes 5 9. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF THE DOWNTOWN BURLINGAME AVENUE BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2015-16 FinDir Augustine requested Council adopt Resolution Number 89-2015. She stated that at the time the staff report was written the City had received one protest. CC Hassel-Shearer stated that this was the only protest the City received. Mayor Nagel opened the public hearing and no one spoke. There were no further comments from the floor, and the hearing was closed. Vice Mayor Keighran made a motion to adopt Resolution Number 89-2015, seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. CITY COUNCIL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S APPROVALOF APPLICATIONS FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A MAJOR RENOVATION OF AN EXISTING SINGLE FAMILY DWELLING WHICH INCLUDES FIRST AND SECOND STORY ADDITIONS, ON PROPERTY AT 2753 BURLINGVIEW DRIVE, LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE CA Kane asked that the Council first report any exparte communications the members had concerning this matter. Councilmember Ortiz stated that he met with the owner and walked the site. Councilmember Brownrigg stated he spoke with the architect. Mayor Nagel, Vice Mayor Keighran and Councilmember Root all stated that they individually spoke with both the appellant and the applicant. CDD Meeker reviewed the staff report which explained the history of this appeal. CDD Meeker explained that the applicant came before the Planning Commission requesting a major renovation to include first and second story additions. At the Planning Commission meeting on August 10, 2015 the Commission approved the applicant’s design review for a second story addition and Hillside Area Construction Permit by a vote of 3-2-1-1. After the hearing, Terry McAloon, the applicant’s neighbor, made a timely appeal of the Commission’s action. Mayor Nagel reviewed the process of the hearing stating first the appellant and applicant would each get ten minutes to state their position, the matter would then be opened to the public followed by three minute rebuttals from both the appellant and applicant. The appellant Terry McAloon spoke first. He stated that he is a neighbor of the applicant and that he appreciated the efforts of the applicant and the architect to incorporate changes requested by the neighborhood. However, Mr. McAloon stated he was basing his appeal on the Neighborhood Design Guidelines. He explained that the proposed renovations by the applicant do not meet the requirements of the guidelines. Under the introduction to the guidebook, it states “it is important that we respect the intentions of the original designers… a neighborhood’s architectural identity is based more on common patterns shared by all houses.” Therefore, while Mr. McAloon described the pattern of his neighborhood as single story 1950’s houses, the applicant’s design would be 4300 square feet and two stories in height. Accordingly, the applicant’s design would not fit with the smaller 1950’s houses in the neighborhood. Mr. McAloon stated that by allowing this design to move forward that more houses of this nature would be built in the neighborhood. And if this happened the neighborhood would lose its design aesthetic. Burlingame City Council September 21, 2015 Approved Minutes 6 For the applicant, Architect Jacob Furlong from Dreiling Terrones Architecture spoke about the project they designed for the applicant. He stated that the house was being built for Alvin Chan and his family. He stated that his client is not there asking for special consideration or a variance on the design, instead the design is within the regulations for height, setbacks, FAR, lot coverage and size. He explained that on the street there are two story houses and therefore the applicant’s house would not be the first of its kind. As well, he explained that the applicant went to the Planning Commission three times and made a series of changes as a result of those meetings and meetings with the neighbors. Lastly, Mr. Furlong stated the design was well within the setback requirements. The applicant, Alvin Chan, spoke about reaching out to the neighbors about their concerns. He stated that a big portion of the concern was the fear that they were a developer and that they were trying to maximize the worth of the house. However, he stated that he designed this home to be his family’s “forever house.” He then discussed three concessions that he had made for the neighbors: (1) he further setback the second story from Mr. McAloon’s lot line; (2) he changed the window configuration on the first and second floor of the house facing Mr. McAloon’s property so that the windows were smaller; and (3) he offered to plant taller landscaping between their property lines. Alvin Chan then presented to the Council a map of all the houses in the neighborhood that have second floors and also houses that are modern with flat roofs. Councilmember Ortiz asked Mr. McAloon if his concern was with the two stories and that it wouldn’t fit with the aesthetic of the neighborhood. Mr. McAloon stated that this was correct. Vice Mayor Keighran asked the applicant about the landscaping that he planned to plant between Mr. McAloon’s house and his own. Wayne Line from Dreiling Terrones Architecture stated that the bushes would grow to be about twenty feet tall. Vice Mayor Keighran then asked for a clarification on the plate heights on the first and second story. Mr. Furlong stated that on the first story it was 9 ft 11” and on the second it was 9 ft. Vice Mayor Keighran asked if he could lower the plate heights as this was not the normal plate height that the Planning Commission approves in Burlingame. Mr. Furlong stated that this would be more of a token change and wouldn’t affect the concerns of the neighbors. Vice Mayor Keighran restated her opinion that the plate heights needed to be lowered especially on a hill slope. Mayor Nagel opened the public hearing for comments. Burlingame resident Faith Chan spoke about the importance of aesthetics and stated the proposed design of the applicant’s house does not contribute or uphold the aesthetic value of the neighborhood. Burlingame resident Dennis Nye spoke about privacy concerns he had with the design. Burlingame resident Sandra Feder stated that she was concerned that the house would be out of scale with the houses in the neighborhood. Burlingame residents Tom Burley and Mickey Quo, friends of Alvin Chan, spoke about the importance of allowing for change in the community and that Burlingame should be encouraging young families to move into the City. Mayor Nagel closed the public hearing and asked the appellant and applicant to come forward with their rebuttals. Burlingame City Council September 21, 2015 Approved Minutes 7 Mr. McAloon restated his concerns about the height of the house and that the design went against the aesthetics of the neighborhood. He explained that if this design was allowed others would follow suit thereby changing the neighborhood. Mr. Chan described his willingness to work with the neighbors but his desire to move forward with this project so that his family could get settled in Burlingame. Vice Mayor Keighran asked the applicant if the proposed design was 4113 square feet which would put it under the 4300 square feet limit. Applicant replied in the affirmative. Vice Mayor Keighran next asked if there was a way to tear down the house and sink it so that it isn’t as high. She stated that her understanding was that this couldn’t be done because it would sever the roots of two protected trees and also cost a lot of money. The applicant replied in the affirmative that the house couldn’t be sunk. Vice Mayor Keighran commended the applicant and architect for working with the neighbors. She further went on to discuss the importance of trees in the neighborhood and the desire to protect them. She stated that she applauded the efforts of the architect to work around the trees. She also discussed that the applicant went in a lot further than was necessary on their setbacks so that there was more open space between houses. Furthermore, she stated the design would not block any views. Councilmember Ortiz discussed the privacy concerns and stated that this design project did not have as significant concerns as projects they had approved in the past. He stated that the applicant went out of his way to address the concerns of the neighbors and was protecting the trees. Councilmember Brownrigg explained that he understood Mr. McAloon’s issue with changing the neighborhood by allowing individuals to add second floors to their houses. But Councilmember Brownrigg stated that the debate over size was made when the Planning Commission decided FAR limits. Councilmember Brownrigg supported the Vice Mayor Keighran’s opinion that the plate heights should be lowered. Councilmember Brownrigg made a motion to approve the Planning Commission’s approval of the project with the amendment that the overall height of the building be lowered by 12 inches, seconded by Vice Mayor Keighran. Before, the vote, Mayor Nagel noted that this house met all the requirements of the City with no requests for special consideration. She further stated that the applicant didn’t need to lower the plate heights as it wouldn’t resolve the appellant’s issue. Councilmember Brownrigg’s motion was defeated with a 2 to 3 vote. (Mayor Nagel, Councilmember Ortiz and Councilmember Root all voted against). Councilmember Ortiz made a motion to uphold the Planning Commission’s approval of the project, seconded by Mayor Nagel. This motion was approved by voice vote, 4-1 with Vice Mayor Keighran voting against. 10. STAFF REPORTS AND COMMUNICATIONS There were no staff reports. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. Burlingame City Council September 21, 2015 Approved Minutes 8 12. FUTURE AGENDA ITEMS Mayor Nagel asked that the Council consider raising the Council pay. 13. ACKNOWLEDGMENTS Department Reports: August 2015 Permit Activity. 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:09 pm in memory of Dan Andersen. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk