HomeMy WebLinkAboutMin - CC - 2014.03.03 CITY C
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of March 3,2014
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 Brownrigg called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Denis O'Brien.
3. ROLL CALL
MEMBERS PRESENT: Brownrigg, Deal, Keighran,Nagel, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
CA Kane advised that Council gave direction on the Closed Session item, and there was no reportable action
at this time.
5. UPCOMING EVENTS
Mayor Brownrigg reviewed the upcoming events taking place in the City.
6. PRESENTATION
There were no presentations.
7. PUBLIC COMMENTS
Burlingame residents Jeff Londer and Mike McCord spoke about the need for a Resource Efficiency
Coordinator. There were no further comments from the floor.
8. CONSENT CALENDAR
Mayor Brownrigg asked if any members of the public wished to remove any items from the Consent
Calendar, and there were no requests.
Vice Mayor Nagel made a motion to approve the Consent Calendar; seconded by Councilman Ortiz. The
motion was approved unanimously by voice vote, 5-0.
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a. APPROVE THE CITY COUNCIL MEETING MINUTES OF FEBRUARY 18,2014
CC Kearney requested Council approve the City Council meeting minutes of February 18, 2014.
b. ADOPTION OF A RESOLUTION AWARDING CONSTRUCTION AND CONSTRUCTION
MANAGEMENT CONTRACT TO K. J. WOODS CONSTRUCTION, INC. FOR THE
SANCHEZ BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT,
PHASE 3,AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONSTRUCTION CONTRACT AND APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION
MANAGEMENT SERVICES RELATED TO THE PROJECT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
DPW Murtuza requested Council adopt Resolution No. 12-2014 awarding the construction and construction
management contract to K. J. Woods and the professional services agreement to Hatch Mott MacDonald for
the Sanchez Bypass and Neighborhood Sewer Rehabilitation Project, Phase 3.
C. APPROVAL OF AN EXTENSION OF THE EXISTING, THREE YEAR CONTRACT WITH
BROWN ARMSTRONG ACCOUNTANCY CORPORATION FOR PROFESSIONAL
AUDIT SERVICES IN CONNNECTION WITH THE CITY'S 2013-14 FISCAL YEAR
FinDir Augustine requested Council approve extending the existing,three year contract with Brown
Armstrong Accountancy Corporation for professional audit services in connection with the City's 2013-14
Fiscal Year. --�
9. PUBLIC HEARINGS
a. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A CONDITIONAL USE
PERMIT AND HILLSIDE CONSTRUCTION PERMIT FOR A DETACHED GARAGE
WITHIN THE FRONT SETBACK AREA AT 1809 ASHTON AVENUE
CDD Meeker reviewed the staff report and advised that the applicant is proposing to convert the existing
attached garage to a recreation room and laundry room and to build a new detached,two-car garage in front
of a portion of the existing dwelling. CDD Meeker further advised that the Planning Commission approved
the applicant's request, with conditions, at its regular meeting on January 27, 2014. CDD Meeker said a
timely appeal was filed by the owner of the adjacent property at 1813 Ashton Avenue on February 4, 2014.
Mayor Brownrigg asked CDD Meeker if there was any discussion of landscaping at the Planning
Commission meeting, and CDD Meeker said no.
Mayor Brownrigg spoke and advised the applicant and appellant that they would each be given up to ten
minutes to address the Council and give their side of the presentation.
Mayor Brownrigg opened the public hearing and the applicants,Nadine Stocklin and Jonah Van Zandt,
addressed the City Council and presented the reasons for wanting to build a new detached two-car garage in
front of a portion of their existing house. They provided a memo to the City Council responding to the
appeal and included letters from neighbors indicating support of the project.
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The Councilmembers had some questions of the applicants and staff following their presentation.
The appellant,Anil Lal, addressed the Council and presented his objections to the construction of the
detached garage proposed by his neighbors.
Mayor Brownrigg opened the public hearing to comments from the public, and there were no comments.
The applicants spoke again and addressed some of the Councilmembers' questions. Mayor Brownrigg closed
the public hearing.
Council discussion followed, and the Councilmembers expressed their concerns with and suggestions for the
project. Mayor Brownrigg confirmed with staff that the appellant,through no fault of anyone, had not
received notice of the review in time to attend the Planning Commission meeting.
Mayor Brownrigg made a motion to approve the site design as called out in the plans, but to remand it to the
Planning Commission for consideration of mitigation on the right hand side of the property, whether that is
improved landscaping, new landscaping or a fence. The proposed landscaping would be determined at a
public hearing at which both the applicant and the appellant can discuss the matter. Vice Mayor Nagel
seconded the motion adding a condition that the new, detached garage not have any living quarters or
bathroom facilities. Mayor Brownrigg concurred with the Vice Mayor Nagel's condition to the motion.
Councilman Deal commented that the plan as proposed is an example of what would be called"poor
planning" and a simple way to rectify part of that would be to remove the five foot causeway between the
two buildings,move the garage closer to the house, which would mean it would be five feet farther away
from the street and five feet farther away from the existing garage, move the garage over three feet and then
the window in the middle bedroom would not be facing the garage anymore. Councilman Deal advised that
for those reasons he would not be voting in favor of the motion.
Mayor Brownrigg called for a roll call vote and the motion was approved by a vote of 3-2 with
Councilmembers Keighran and Deal voting no.
b. CITY COUNCIL REVIEW OF THE PLANNING COMMISSION'S APPROVAL OF
REQUESTS FOR DESIGN REVIEW AND A SPECIAL PERMIT FOR CONSTRUCTION
OF A NEW SINGLE-FAMILY DWELLING AT 2308 HILLSIDE DRIVE
CDD Meeker reviewed the staff report and advised that the applicant proposes to demolish an existing
single-story home in order to construct a new two-story residence with an attached garage. CDD Meeker
said the existing detached garage on the site is to be converted to a secondary dwelling unit, although
approval of the secondary dwelling is not part of the applicant's request.
CDD Meeker further advised that the Planning Commission approved the applicant's request, with
conditions, at its regular meeting on February 10, 2014. CDD Meeker said that on February 11, 2014
Councilman Jerry Deal submitted a letter to the Community Development Department calling the item for
City Council consideration pursuant to Section 25.16.070 of the Burlingame Municipal Code.
Mayor Brownrigg opened the public hearing, and the applicant Harumitsu Inouye stated his reasons for
wanting the new two-story residence. Council questions and concerns followed and the applicant and his
architect Eugene Sakai addressed the Council's numerous questions and concerns.
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Mayor Brownrigg opened the public hearing to comments from the public, and there were no comments.
Council comments followed and there were several references to the design review guidelines and
compatibility with the neighborhood during the Council's discussion. There were also comments as to the '1
value of diversity in design.
Councilman Deal made a motion to deny the project as proposed since the modern style house does not fit
with the fabric of the neighborhood and is therefore incompatible with the neighborhood, and it is cited
numerous times in the design review guidelines that compatibility with the neighborhood is required. CA
Kane suggested that it be denied without prejudice so that the applicant does not have to pay another
application fee for the new project. Councilwoman Keighran seconded the motion and requested that it
incorporate the garage with the design review guidelines. Councilman Deal concurred with the
Councilwoman Keighran's condition to the motion.
Mayor Brownrigg commented that he would not be voting for the motion since he feels that with some
modifications the design could remain, and it is possible to put a modern spin on a traditional style. Vice
Mayor Nagel and Councilman Ortiz agreed with Mayor Brownrigg.
Mayor Brownrigg called for a roll call vote and the motion failed 3-2, with Mayor Brownrigg, Vice Mayor
Nagel and Councilman Ortiz voting no.
Mayor Brownrigg requested another motion. Vice Mayor Nagel made a motion to send the proposed project
back for design review, with the request that the applicant reexamine the materials that are used, look at
perhaps incorporating a more modern interpretation that echoes some of the styles in our City, and also
include the request that a fence be a part of the design, as well as, additional landscaping. Councilman Ortiz
seconded the motion but would prefer that the design match the neighborhood rather than the whole City, --�
and that the request for a fence be removed, but agreed with the landscaping. Vice Mayor Nagel agreed with
those modifications and requested that the front door be more of a focal point and be the people entrance
rather than the car entrance.
CDD Meeker asked for clarification of the motion and as to whether it was going back to design review and
then back to the Planning Commission. Vice Mayor Nagel said that was her motion. CA Kane suggested
asking Councilman Ortiz if he was okay with the clarification of the motion, and he agreed.
Councilman Deal commented that what he is hearing is"change the garage, add a little more landscaping
and different materials, but the modern style could remain."Vice Mayor Nagel clarified that she said a
modern interpretation. Councilman Deal said he did not agree with the word"interpretation" and thinks the
motion is unclear.
Councilwoman Keighran did not agree with the motion and said the wording "fit the neighborhood" is not
good enough since the applicant claims that what he presented fits the neighborhood.
Mayor Brownrigg called for a roll call vote and the motion passed 3-2, with Councilman Deal and
Councilwoman Keighran voting no.
C. PUBLIC HEARING TO INTRODUCE AN ORDINANCE TO AMEND CHAPTER 25.68
OF THE BURLINGAME MUNICIPAL CODE TO EXPAND THE DEFINITION OF "HOME
OCCUPATION" TO INCLUDE COTTAGE FOOD OPERATIONS -�
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CA Kane reviewed the staff report and said this Ordinance was necessary for the City to be in compliance
with California Homemade Food Act that went into effect on January 1, 2013. She advised that the
California Homemade Food Act amended the Health and Safety Code to establish guidelines for cottage food
operations,which are businesses that sell certain homemade foods out of a residence.
Mayor Brownrigg opened the public hearing. There were no comments from the floor, and the hearing was
closed.
Mayor Brownrigg requested CC Kearney read the title of the proposed Ordinance to amend Chapter 25.68 of
the Burlingame Municipal Code to expand the definition of"home occupation"to include cottage food
operations. Councilwoman Keighran made a motion to waive further reading and introduce the Ordinance
seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0.
Mayor Brownrigg directed the City Clerk to publish a summary of the proposed Ordinance within five days
of the public hearing.
10. STAFF REPORTS AND COMMUNICATIONS
a. REVIEW OF ELECTRIC VEHICLE (EV) CHARGING STATIONS
PWD Murtuza provided a presentation outlining the three major types of electric vehicle charging equipment
available in the industry and the costs associated with each. PWD Murtuza also suggested possible locations
for the charging stations in various City parking lots.
Council discussion followed and Mayor Brownrigg commented that the Council and City staff are
determining whether this project is a priority and if so, how to pay for it. He said it is not as important as
some other Public Works projects, but it is important. Mayor Brownrigg said the City is researching where
to obtain funding for such a project and is considering private sector funding and grants.
Mayor Brownrigg opened the item for public comment, and Marc Yelnick, Steffen Rochel and Peter
Comaroto spoke positively on the item. There were no further comments, and item was closed.
Council concluded that the parking lot at the train station would probably be the best location for the
charging stations but did not commit to going ahead with the project.
b. APPROVAL OF A PILOT PROGRAM FOR ADDITIONAL DOG OFF-LEASH HOURS AT
WASHINGTON AND CUERNAVACA PARKS
P&RD Glomstad reviewed the staff report and introduced Nicole Acquisti, Parks & Recreation Supervisor,
who gave a presentation on the dogs off-leash options in the City parks and the associated rules of the
program. Ms. Acquisti advised that after discussion and review of comments from the community, the Dog
Park Task Force recommended presenting the pilot program to increase off-leash hours at Washington and
Cuernavaca Ballpark outfields to the Parks and Recreation Commission, and the Commission unanimously
voted to approve the program.
Parks & Recreation Supervisor Acquisti further advised that the pilot program would be for one year,
Monday through Friday during the school year(September through May), and the off-leash hours would be
from 7:30 a.m. until 2:00 p.m. an hour prior to when youth sports groups begin to use the ball fields. She
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said staff reserves the right to revoke or modify the off-leash pilot program at either location should there be
damage to the fields or the rules not followed.
Mayor Brownrigg opened the item for public comment, and there were no comments.
Councilwoman Keighran made a motion to approve the pilot program; seconded by Councilman Ortiz. The
motion was approved by unanimously by voice vote, 5-0.
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
Council would like the appointment of a Design Review Guidelines Subcommittee on the next agenda.
13. ACKNOWLEDGMENTS
a. Commission Minutes: Traffic, Safety&Parking, January 9, 2014
14. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 10:44 p.m.
Respectfully submitted,
Mary Ellen Kearney
City Clerk
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