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HomeMy WebLinkAboutMin - CC - 2014.03.03 CITY C BURLINGAME WD� vDe DMITED JYNE D• 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. 1 Burlingame City Council March 3,2014 Approved Minutes 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. 2 Burlingame City Council March 3,2014 Approved Minutes 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. 3 Burlingame City Council March 3,2014 Approved Minutes 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 -� 4 Burlingame City Council March 3,2014 Approved Minutes 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 5 Burlingame City Council March 3,2014 Approved Minutes 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 6 Burlingame City Council March 3,2014 Approved Minutes