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HomeMy WebLinkAboutMin - CC - 2019.04.15 Burlingame City Council April 15, 2019 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on April 15, 2019 STUDY SESSION (6:00 P.M.) a. DISCUSSION OF 877 BURLWAY PROPOSAL A study session was held in Conference Room A discussing the 877 Burlway proposal. 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Jazz Mara. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION The closed session concerning the annual evaluation of the City Attorney (Government Code Section 54957) was held after adjournment of the regular meeting. 5. UPCOMING EVENTS Mayor Colson reviewed the upcoming events taking place in the city. 6. PRESENTATIONS There were no presentations. Burlingame City Council April 15, 2019 Approved Minutes 2 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Brownrigg pulled item 8h. Vice Mayor Beach recused herself from item 8b due to financial interest. Councilmember Ortiz made a motion to approve items 8a, 8b, 8c, 8d, 8e, 8f, and 8g; seconded by Councilmember Keighran. The motion was adopted unanimously by voice vote, 5-0. (The vote on item 8b was 4-0-1 as Vice Mayor Beach recused herself due to a financial interest.) a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR APRIL 1, 2019 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for April 1, 2019. b. ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT WITH MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A/ VERIZON ACCESS TRANSMISSION SERVICES FOR INSTALLATION OF UNDERGROUND CONDUIT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ENCROACHMENT AGREEMENT DPW Murtuza requested Council adopt Resolution Number 36-2019. Vice Mayor Beach recused herself from this item due to a financial interest. c. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO P.C. INC., FOR THE POLICE STATION EMERGENCY GENERATOR PROJECT, CITY PROJECT NO. 84640, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution Number 37-2019. d. ADOPTION OF A RESOLUTION ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019 City Clerk Hassel-Shearer requested Council adopt Resolution Number 38-2019. e. ADOPTION OF A RESOLUTION ACCEPTING THE SHORELAND SUBDIVISION WATER MAIN IMPROVEMENT PROJECT BY STOLOSKI AND GONZALES INC., CITY PROJECT NO. 83521 DPW Murtuza requested Council adopt Resolution Number 39-2019. Burlingame City Council April 15, 2019 Approved Minutes 3 f. ADOPTION OF A RESOLUTION ACCEPTING THE CAROLAN-ROLLINS EASEMENT SANITARY SEWER MAIN RELOCATION PROJECT BY CRATUS INC., CITY PROJECT NO. 84850 DPW Murtuza requested Council adopt Resolution Number 40-2019. g. ADOPTION OF A RESOLUTION ENCOURAGING THE RESIDENTIAL AND BUSINESS COMMUNITIES TO TAKE THE IDLE FREE PLEDGE Sustainability Coordinator Pappajohn requested Council adopt Resolution Number 41-2019. h. APPROVAL OF A PROCLAMATION RECOGNIZING APRIL AS AUTISM AWARENESS MONTH Councilmember Brownrigg requested Council approve a proclamation recognizing April as Autism Awareness Month. Councilmember Brownrigg stated this item was suggested by Burlingame resident Swathi Chettapally. He asked that Swathi and Uli Chettapally come forward and speak on this item. Mr. Chettapally stated that their 25-year old daughter has autism and functions at a 6-year old level. He explained that autism is a developmental disorder that can impair social, communication, and behavioral skills. He stated that there are more than 1.5 million people in the United States that have autism. He noted that the California Department of Developmental Services reports that diagnoses have risen from 3,262 in 1989 to over 80,000 today. Mr. Chettapally stated that one of the biggest challenges is that individuals with autism over 22 years old are aged out of the school system. Therefore, after school it is often left to the parents to find day-care programs, housing, and employment for their children. Mr. Chettapally stated that he appreciated the Council recognizing April as Autism Awareness Month. Councilmember Brownrigg discussed the need for the community to be respectful of those with autism and to intervene if unethical behavior towards them is observed. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Keighran made a motion to recognize April as Autism Awareness Month; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 5-0. Burlingame City Council April 15, 2019 Approved Minutes 4 9. PUBLIC HEARINGS a. PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO TITLE 25, CODE SECTIONS 25.32.030 (BURLINGAME AVENUE COMMERCIAL DISTRICT) AND 25.70.090 (OFF-STREET PARKING) TO ALLOW COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME AVENUE COMMERCIAL (BAC) DISTRICT Mayor Colson opened this item by stating that on Wednesday the City will host a discussion called “Burlingame Talks Shop.” She noted that commercial recreation would be among the topics at the event and therefore wanted the Council to have a chance to discuss it prior to the event. Planning Manager Hurin explained that Burlingame Avenue has traditionally been focused on retail, restaurant, and service uses. However, he noted that given the evolving nature of all of those uses, in particular retail, many business and shopping districts are finding a need to introduce additional new uses in order to remain vibrant and competitive. He stated that some communities found that active commercial recreation uses can be an appropriate addition to their business and shopping districts. He explained that communities have found that commercial recreation can generate regular “foot traffic,” which benefits neighboring retailers, restaurants, and services. Planning Manager Hurin explained that commercial recreation was initially discussed by the City’s Economic Development Subcommittee last year. He stated that in November 2018, the City Council gave staff direction to proceed with preparation of amendments to the land use restrictions allowing commercial recreation as a Conditional Use in the Burlingame Avenue Commercial (“BAC”) District. Planning Manager Hurin explained that the proposed ordinance includes amendments to the City’s existing BAC District regulations to allow commercial recreation as a Conditional Use. He noted that the proposed ordinance also includes amendments to the Off-Street Parking regulations to exempt commercial recreation uses from providing off-street parking, if located on the first floor and within the parking sector of the Burlingame Downtown Specific Plan. He stated that this exemption is consistent with the exemption given to retail, personal service, and food establishments. Planning Manager Hurin stated that the proposed amendment establishes criteria for approval of commercial recreation conditional uses including: • Requiring active visible uses such as retail, waiting/reception, or lounge areas associated with the business along the business frontage abutting the sidewalk. The active area must measure at least 15 feet in depth; and • Maintaining a clear view into the business by not allowing storefront windows or doors to be obscured. Planning Manager Hurin explained that the Planning Commission reviewed the proposed amendments and expressed support. Burlingame City Council April 15, 2019 Approved Minutes 5 Councilmember Brownrigg asked for a definition of commercial recreation. Planning Manager Hurin stated that commercial recreation includes fitness and athletic uses such as gyms, art and dance studios, and activity play centers for children. He noted that there is a broad range of uses. Councilmember Brownrigg asked if commercial recreation was distinct from spas. Planning Manager Hurin replied in the affirmative. Councilmember Keighran asked how staff came up with the requirement for a depth of 15 feet of active area. Planning Manager Hurin stated that staff reviewed different floor plans and felt that 15 feet was a comfortable zone to establish a retail presence. Councilmember Keighran questioned if 15 feet was enough. She noted that she liked the idea of having retail in the front. She asked how signage regulations differ on Burlingame Avenue and Howard Avenue. Planning Manager Hurin stated that he believes the regulations are the same. He explained that he would get back to Council but thought the regulation allowed for a maximum of five signs totaling 60 square feet. Vice Mayor Beach stated that commercial recreation currently exists on off-shoots of Burlingame Avenue such as Basecamp and Barry’s Bootcamp. She explained that as much as she would like to believe that people would walk or ride their bike to these facilities, realistically many will be driving. She asked about the parking impact from commercial recreation facilities. She asked if it was mostly in the early morning and weekends. She asked how the Council should be thinking about this in terms of Burlingame Avenue. Planning Manager Hurin explained that based on the City’s experience, the impact is greatest in the mornings. He noted that staff is hearing that people are combining their trips to these facilities with other errands in the area. Councilmember Ortiz asked how parking and foot traffic have worked after the addition of the pilates studio on Broadway. Planning Manager Hurin stated that staff doesn’t have any data related to foot traffic and hasn’t received any traffic/parking complaints. Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer read the title. Councilmember Keighran made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. Mayor Colson opened the public hearing. Row House representative Jazz Mara discussed his company’s desire to put their rowing studio on Burlingame Avenue. Mayor Colson asked how many square feet Row House would need. Mr. Mara replied that it would need 2000 square feet. Burlingame City Council April 15, 2019 Approved Minutes 6 Mayor Colson asked about Row House’s operating hours. Mr. Mara stated that most people attend their 6:00 a.m. class and that the studio closes at 6:30 p.m. Mayor Colson asked how many people can enroll in a class. Mr. Mara stated that their classes accommodate 25 people. Councilmember Brownrigg asked if Row House was a chain. Mr. Mara replied in the affirmative and discussed other Bay Area locations that Row House will be located in. Mayor Colson closed the public hearing. Vice Mayor Beach stated that the Economic Development Subcommittee held several discussions concerning what experts believe is the future of retail. She explained that the goal of these discussions is to keep the downtown vibrant, thriving, and high foot traffic. She stated that from these discussions, the general advice the City received was that it needs to be more flexible and consider alternate uses. Councilmember Keighran stated that she agreed that the City needed to broaden its horizons and look at a variety of uses for the downtown area. However, she thought that a vote on the proposed ordinance was premature. She stated that the Council should wait until after the Burlingame Talks Shop event, in order to obtain feedback from retail owners, the public, landowners, and developers. Councilmember Keighran stated that she liked the idea of requiring retail in the front of commercial recreation locations. She voiced concern about the signage allowances as she wanted to ensure that Burlingame Avenue remained charming. City Attorney Kane stated that the City can review signage requirements for the downtown area. Councilmember Ortiz discussed the dramatic change in retail and stated that many of the vacant storefronts were the result of online shopping. He noted that he believed this trend would continue and that the City should consider alternative uses. He stated that he thought the proposed ordinance was a great first step. Councilmember Brownrigg thanked Mayor Colson for setting up the Burlingame Talks Shop event. He discussed the closure of the book shop on Burlingame Avenue and stated that the shop couldn’t afford the rental increase. He noted that the rent was increased to the market rate. He explained that there are two ways to resolve vacant store fronts: expand the allowed uses or decrease the rent. He voiced concern that he was unsure if changing retail is creating vacant lots or if the landowners’ rental increases are creating vacant lots. He explained that he would like the City to collect data on the rental prices in the community so that the Council would have a better understanding of the problem. Councilmember Brownrigg discussed the importance of preventing “dead storefronts” where there is no visual interest. He suggested that if the City allows commercial recreation, that these studios have a line of sight from the street into the fitness area. He added that he approved of the parking exemption for street level commercial recreation studios. Burlingame City Council April 15, 2019 Approved Minutes 7 Mayor Colson asked if the City’s Economic Development Specialist Cleese Relihan was collecting data on the vacant store fronts. CDD Gardiner replied in the affirmative. He explained that information about the rental prices for the vacant store fronts is available but that it is difficult to get a fixed number. Mayor Colson asked staff to obtain the general market summary reports that are released by different companies. Councilmember Keighran asked if she was correct that the City could ask how much retailers were paying in rent but that the retailers weren’t required to tell the City. City Attorney Kane replied in the affirmative. Mayor Colson stated that there are often NDAs around property leases. Mayor Colson asked about basement retail and whether commercial recreation could be put in those spaces. CDD Gardiner stated that staff will be reviewing basement spaces after Burlingame Talks Shop. He added that he believed the City currently allowed personal trainers in those areas but not commercial recreation. Vice Mayor Beach agreed with Councilmember Keighran that the Council should obtain feedback from Burlingame Talks Shop prior to voting on the proposed ordinance. She noted that there may be amendments to the proposed ordinance based on the feedback they receive. Councilmember Ortiz concurred with Vice Mayor Beach. City Manager Goldman reviewed the Council’s discussion on the proposed ordinance’s requirement for 15 feet of retail at the front of the store. She stated that prior to bringing the proposed ordinance back for introduction, the Council should discuss what the appropriate amount of retail is for commercial recreation. Councilmember Brownrigg stated that his concern wasn’t about the 15 feet depth but about the width requirement for retail. He explained that he didn’t want to see retail stretch across the entire storefront. He stated that he wanted foot traffic to have line of sight from the street into the fitness area. Councilmember Keighran thought the depth requirement should be something that the Council discusses during Burlingame Talks Shop and at the Economic Development Subcommittee. Planning Manager Hurin stated that some of the fitness studios prefer not to have the public view their clients’ workouts. He referenced Barry’s Bootcamp and how the workout area is entirely enclosed. Councilmember Ortiz stated that less than 15 feet depth of retail would be too small. However, he noted that the Council should wait for feedback from the merchants. Councilmember Brownrigg discussed requiring the tenant to have a percentage of their space be retail versus the 15 feet in front of the studio. Mayor Colson stated that she liked Councilmember Brownrigg’s suggestion of basing retail on a percentage of the space. Burlingame City Council April 15, 2019 Approved Minutes 8 Councilmember Ortiz stated that it should be worded so that a portion of the retail needs to be in the front. Mayor Colson stated that the consensus she was hearing is that there should be retail in the front and the depth could be discussed at the Economic Development Subcommittee meeting. City Manager Goldman stated that based on the Economic Development Subcommittee meeting schedule, the earliest the proposed ordinance would come back to Council is May 20, 2019. b. PUBLIC HEARING TO INTRODUCE AN ORDINANCE ADDING CHAPTER 15.15 OF THE BURLINGAME MUNICIPAL CODE TO ESTABLISH MANAGEMENT OF POLYCHLORINATED BIPHENYLS DURING BUILDING DEMOLITION PROJECTS DPW Murtuza stated that the City is a member of the Bay Area Stormwater Management Agencies Association (“BASMAA”). He explained that over the past year, staff has collaborated with the other members to develop a unified and consistent approach to comply with the Water Board regulations regarding the PCBs (Polychlorinated Biphenyls) Building Demolition Program. Environmental Regulatory Compliance Coordinator Jennifer Lee gave a presentation on how the City will be managing PCBs during building demolition. Ms. Lee began by explaining that PCBs are oils to which chlorine has been added to keep them from breaking down in industrial applications. She noted that because PCBs are stable at high temperatures, beginning in the 1920s, PCBs were used for numerous industrial processes. However, after the harmful effects of PCBs were realized, Congress banned the manufacture of PCBs in 1979. Ms. Lee stated that PCBs are a problem in the San Francisco Bay because PCBS are toxic, persist in the environment, and accumulate in the tissues of fish, wildlife, and humans. She noted that PCBs have been found to cause cancer. Ms. Lee explained that much of the PCB pollution in the Bay happened decades ago, before the potential health and environmental effects of PCBs were widely known. However, although PCBs have been banned for 40 years, small amounts of PCBS still enter the Bay. Ms. Lee discussed what is being done to improve water quality in the San Francisco Bay including: • Industry and military are cleaning “hot spot” sites • Dredgers are testing San Francisco Bay for sediments and properly disposing of materials with high levels of PCBs • Municipalities are reducing PCBs in stormwater runoff by: identifying source properties for abatement; developing green infrastructure; and developing programs to manage PCBs in building materials during demolition. Ms. Lee discussed the regulation of water quality in the San Francisco Bay Area. She explained that under BASMAA, San Mateo County shares the Municipal Regional Stormwater Permit with Alameda, Contra Costa, and Santa Clara counties. She stated that because all of these counties share a permit, they all have the same requirements that must be met. Burlingame City Council April 15, 2019 Approved Minutes 9 Mayor Colson asked if Marin County was part of this regional group. Ms. Lee replied in the affirmative but stated that under this process, there are two phases. Phase 1 counties, including San Mateo County, have several separate storm drain systems because of their larger cities, and Phase 2 counties have fewer separate storm drain systems. Ms. Lee explained that the municipal permit requires that the City develop a protocol to manage PCBs- containing material during demolition by June 30, 2019. The protocol must include: 1. A method for identifying applicable buildings prior to their demolition; 2. A method for ensuring PCBs do not enter the storm drains when applicable buildings are demolished; and 3. The necessary authority to implement the program. Ms. Lee reviewed a few key terms that are included in the proposed ordinance including: 1. Applicable Structures – structures built or remodeled between 1950 and 1980, except wood framed structures and single family residential structures regardless of the age of the building. 2. Buildings – structures with a roof and walls standing more or less permanently in one place. Buildings are intended for human habitation or occupancy. 3. Demolition –the wrecking, razing, or tearing down of any structure. 4. Priority Building Materials – caulk, thermal or fiberglass insulation, adhesive mastics, and rubber window gaskets. Ms. Lee reviewed the process for administering the PCBs in the Building Demolition Program. She explained that it would start with an individual applying for a building permit. If the individual’s application includes demolition, the individual would need to complete the PCBs assessment form. Councilmember Keighran asked who would do the assessment. Ms. Lee stated that the individual would need to hire a third-party contractor. Councilmember Keighran asked how long the testing takes. Ms. Lee stated that it varies based on the size of the building. Councilmember Brownrigg stated that if the building is wood-frame, then the individual would not need to get a PCBs assessment. Ms. Lee replied in the affirmative. Ms. Lee discussed the public outreach the City conducted. She stated that the City notified property owners, contractors, and industry groups that would be potentially affected by this ordinance. She explained that the City hosted a workshop concerning the requirements and the process on April 6, 2019. Mayor Colson asked how many people attended the April 6, 2019 meeting. Ms. Lee replied that two individuals attended. Mayor Colson wondered if the low turnout was because individuals didn’t know about the PCBs requirement or because the City doesn’t have many applicable buildings. She asked how many buildings would need a PCBs assessment. Ms. Lee stated that she had identified approximately 11 buildings. Burlingame City Council April 15, 2019 Approved Minutes 10 Mayor Colson asked if the City reached out to the 11 property owners. Ms. Lee replied in the affirmative. Ms. Lee stated that moving forward, staff will notify applicants regarding the new requirements as early as possible. She explained that all materials are available online at www.burlingame.org/stormwaterdevelopment. Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer read the title. Vice Mayor Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 5-0. Mayor Colson opened the public hearing. No one spoke. Mayor Colson asked the City Clerk to notice the proposed ordinance at least five days before the Council considers adoption. 10. STAFF REPORTS There were no staff reports. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS a. MAYOR COLSON’S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Councilmember Brownrigg asked staff to agendize a discussion of the regulation to require that all guns be locked up or have trigger guards. Councilmember Ortiz and Vice Mayor Beach agreed and therefore this item will be agendized. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Colson adjourned meeting at 8:33 p.m. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk