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Home My WebLink AboutMin - CC - 2012.04.16 CITY C IN R Q BURUNGAME o n 9 Rwi[o.w[b BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of April 16,2012 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 Jerry Deal called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Jeff Londer. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran,Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Nagel made a motion to approve the minutes of the April 2, 2012 regular Council meeting; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. 5. UPCOMING EVENTS Mayor Deal reviewed upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION BY JENNIFER PFAFF ON THE HISTORIC PRESERVATION REGISTER OF BURLINGAME TREES ON EL CAMINO REAL Burlingame Historical Society President Jennifer Pfaff gave a very informative presentation on the history of the Howard-Ralston Eucalyptus Tree Row on El Camino Real that are now in the national register of historical places. b. PRESENTATION OF A PROCLAMATION TO SAM'S SANDWICH SHOP HONORING THEIR 401h ANNIVERSARY Mayor Deal and Councilwoman Baylock presented a proclamation to Rino Betti and June Williams honoring them on the 401h anniversary of their business, Sam's Sandwich Shop. 1 Burlingame City Council April 16,2012 Approved Minutes 7. PUBLIC HEARINGS a. PUBLIC HEARING REGARDING THE APPEAL OF THE GRANT OF SPECIAL -� ENCROACHMENT PERMITS TO EXTENET SYSTEMS FOR THE PLACEMENT OF WIRELESS COMMUNICATIONS ANTENNA AND FACILITIES IN THE PUBLIC RIGHT- OF-WAY Mayor Deal reviewed the meeting protocol that would be followed for the public hearing. DPW Murtuza gave a presentation on the background of this item that began in September 2010 when the applicant, Extenet submitted encroachment permit applications for eight wireless antenna sites. DPW Murtuza reviewed the existing eight locations and the changes that have been made by Extenet due to the City working with them. He further reviewed what is taking place in other cities with regard to this issue. CA Guinan reviewed the Telecommunications Act of 1996 concerning the authority of cities to regulate the placement of wireless telecommunications facilities and reviewed the options that Council could take at the end of the hearing. Council questions followed and Councilman Brownrigg gave a brief background on the working group conclusions. Attorney Jamie Hall, speaking on Extenet's behalf, gave a presentation, provided background on the company, and highlighted a few aspects of the law concerning the public right-of-way. He said the company has performed all the steps necessary proving coverage gaps and is protected under state and federal law, which allows cities to regulate wireless communication facilities based on aesthetics, but not if those concerns prevent a company from providing service. At the conclusion of his presentation,the Council members had many questions as to whether Extenet did its best to find the least intrusive means of providing service. The appellants, Doug Luftman and Mark Wilson spoke next and thanked Steve Lamont, Marsha Lee for their assistance. They said they are representing the residents and the aesthetic impacts of the cell antennas and the impact on resale of homes. They stressed that they are not against cell antennas,just the locations. They also disputed Extenet's claim that they are protected under state and federal law since Extenet is not a wireless company, but rather is acting on behalf of T-Mobile, and therefore lacks protection by state and federal law. Mayor Deal opened the public hearing and the following Burlingame residents spoke against the cell towers: Thomas Hornblower, Peter Jaunich, Paul Howie, Mihaela Howie, Barbara Chiari, David Tillman, Alex DiCesare, Marsha Lee, Jann Veach, Steve Lamont, Tom Shea, Matt Oshinsky, Sherman Chan, Cheri Jaunich, Meredith Thacker, Juliana Fuerbringer, Neil Murphy, Chris Smith, Gail Mosse, Lauren Schlezinger and Kathy Heap. There were no further comments from the floor and the hearing was closed. The appellants, Mark Wilson and Doug Luftman spoke again and gave their closing remarks. The applicant, Extenet,represented by Jamie Hall, spoke again and addressed some of the questions and concerns raised by the Council members earlier in the meeting. There was considerable Council discussion and overall, the Council found many problems with the Extenet proposal, and expressed displeasure that T-Mobile was not present at the meeting. Councilman Brownrigg made a motion to approve denying the appeal for Drake Avenue and Valdivia Way and approve upholding the appeal of the other six locations; seconded by Mayor Deal. Council requested tha4 neighbors and the City arborist address the landscaping needs at the Drake Avenue location. CA Guinan 2 Burlingame City Council April 16,2012 Approved Minutes advised that two Resolutions would be on the consent calendar at the next Council meeting containing the conditions for formal adoption. The motion was approved by roll call vote 5-0. b. ADOPT AN ORDINANCE TO CHANGE PARKING TIME LIMITS AND METER RATES �— FOR ON-STREET PARKING IN THE DOWNTOWN BURLINGAME AVENUE AREA DPW Murtuza reviewed the staff report and requested Council adopt Ordinance 1873-2012 amending Section13.40.010 of the Burlingame Municipal Code to revise parking meter rates on numerous streets in the downtown Burlingame Avenue Area. Mayor Deal opened the public hearing, there were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to adopt the Ordinance; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. 8. PUBLIC COMMENTS Burlingame resident Jeff Londer spoke about the Drive Less Challenge event that begins April 22 through May 5, 2012. There were no further comments from the floor. 9. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE AMENDING TITLE 22 OF THE BURLINGAME MUNICIPAL CODE (SIGN CODE) TO ADD REFERENCES TO NEW ZONING DISTRICTS WITHIN THE DOWNTOWN SPECIFIC PLAN AND TO ADD A LIMITATION ON SINGLE SIGN SIZE IN CERTAIN COMMERCIAL DISTRICTS, AND AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING CODE) TO CORRECT THE NUMBER FOR PERMITTED USES IN THE HOWARD MIXED USE ZONING DISTRICTS CDD Meeker reviewed the staff report and requested Council introduce the Ordinance amending the sign code. Mayor Deal requested CC Kearney read the title of the proposed Ordinance amending Title 22 of the Burlingame Municipal Code (sign code)to add references to new zoning districts within the downtown specific plan and to add a limitation on single sign size in certain commercial districts, and amending Title 25 of the Burlingame Municipal Code (zoning code)to correct the number for permitted uses in the Howard mixed use zoning districts. Vice Mayor Keighran made a motion to waive further reading; seconded by Councilwoman Baylock. The motion was approved unanimously 5-0. Councilwoman Baylock made a motion to introduce the proposed Ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Deal directed the City Clerk to publish a summary of the proposed Ordinance within 15 days of the public hearing. b. CONSIDER APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES Council requested applications by May 18, 2012 for one vacancy on the Library Board of Trustees. 3 Burlingame City Council April 16,2012 Approved Minutes 10. CONSENT CALENDAR Councilwoman Baylock advised she would abstain from voting on item 10c. Councilwoman Nagel made a --� motion to adopt the consent calendar; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0, with the exception of item l Oc that was approved 4-0-1. a. ADOPT A RESOLUTION ACCEPTING INFLUENT STORM WATER RETENTION BASIN IMPROVEMENTS PROJECT AT THE WASTEWATER TREATMENT PLANT DPW Murtuza requested Council adopt Resolution No. 25-2012 accepting influent storm water retention basin improvements project at the Wastewater Treatment Plant. b. ADOPT A RESOLUTION APPROVING THE CITY'S RESPONSE TO THE 2011-12 SAN MATEO COUNTY CIVIL GRAND JURY REPORT "THE COUNTY SAN CARLOS AND CAL FIRE,A MISSED OPPORTUNITY?" FC Dorrell requested Council adopt Resolution No. 26-2012 approving the City's response to 2011-2012 San Mateo County Civil Grand Jury report entitled"The County, San Carlos and Cal Fire, a missed opportunity?" c. APPROVAL OF LICENSE AGREEMENT AMONG CITY OF BURLINGAME THE CITY OF MILLBRAE AND CENTRAL COUNTY FIRE DEPARTMENTS FOR THE USE OF A PARCEL OF THE CITY OF BURLINGAME'S PROPERTY AS A TEMPORARY FIRE STATION FC Dornell requested Council approve the license agreement. d. ADOPT A RESOLUTION APPROVING AMENDMENT TO THE TOLLING AGREEMENT WITH THE COUNTY OF SAN MATEO REGARDING CITY OF BURLINGAME'S CLAIM FOR TAX ADMINISTRATION FEES FOR FY 2010-2011 CA Guinan requested Council adopt Resolution No. 27-2012 approving and authorizing the City Manager to execute an amendment to the Tolling Agreement between the City of Burlingame and the County of San Mateo regarding the City's claim for return of excess property tax administration fee for the 2010-2011 Fiscal Year. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Due to the late hour, Council postponed this item. 12. PUBLIC COMMENTS There were no comments from the floor. 13. OLD BUSINESS a. CONSIDER FORMING A TASK FORCE TO DEVELOP ALTERNATIVES FOR CREATION OF A DEDICATED DOG PARK 4 Burlingame City Council April 16,2012 Approved Minutes Mayor Deal requested that a task force be developed for creation of a dedicated dog park and Council agreed. 14. NEW BUSINESS a. PROVIDE DIRECTION TO STAFF CONCERNING MOSQUITO & VECTOR CONTROL GRAND JURY INVESTIGATION AS A FUTURE AGENDA ITEM Council requested that FinDir Nava send an email relative to their fiduciary responsibilities on the various boards where they are members. b. PROVIDE DIRECTION TO STAFF RELATIVE TO A LETTER FROM GREG TERRY OF ALAIN PINEL REALTORS REQUESTING ADDITIONAL RESTAURANTS ON THE 1400 BLOCK OF BURLINGAME AVENUE Council agreed to consider this at the Goal Setting Session meeting on Saturday,April 21, 2012. Councilman Brownrigg said he has prepared a draft letter to local legislators concerning the cell antennas issue. He requested that CC Kearney email the draft letter to the Council members. 15. ACKNOWLEDGMENTS a. Commission Minutes: Planning, April 9, 2012 a. Department Reports: Building, March 2012 �-- 16. ADJOURNMENT Mayor Deal adjourned the meeting at 11:59 p.m. Respectfully submitted, /Y Mary Ellen Kearney City Clerk 5 Burlingame City Council April 16,2012 Approved Minutes