HomeMy WebLinkAboutMin - CC - 2015.09.21
Burlingame City Council September 21, 2015
Approved Minutes
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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