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HomeMy WebLinkAboutMin - CC - 2014.04.07 Burlingame City Council April 7, 2014 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of April 7, 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 Mike Harvey. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Deal, Keighran, Nagel, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council approved the Property Tax Administration Fee (PTAF) that was discussed in Closed Session. The motion was made by Councilman Deal; seconded by Councilman Ortiz. The motion was approved unanimously by voice vote, 5-0. 5. UPCOMING EVENTS Mayor Brownrigg reviewed the upcoming events taking place in the City. 6. PRESENTATION There were no presentations. 7. PUBLIC COMMENTS Burlingame resident Jeff Londer spoke about the Cool California City Challenge and encouraged everyone to participate. Burlingame business owner Mike Harvey spoke about the proposed roundabout project, the proposed Carolan Avenue lane reductions, possible lane reductions on California Drive’s auto row, possible elimination of at grade crossings, and the impact to the automobile dealers. Mr. Harvey provided statistics on the sales tax revenue provided to the City by his automobile dealerships. There were no further comments from the floor. Burlingame City Council April 7, 2014 Approved Minutes 2 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. Councilman Deal and Councilwoman Keighran both commented on item 8d and asked for clarification at the next meeting. Councilwoman Nagel asked to remove item 8e and Mayor Brownrigg asked to remove 8f. Councilman Deal made a motion to approve items a, b, c, d and g of the Consent Calendar; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF MARCH 17, 2014 CC Kearney requested Council approve the City Council meeting minutes of March 17, 2014. b. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO GOLDEN BAY CONSTRUCTION, INC. FOR THE 2014 SIDEWALK MAINTENANCE PROGRAM, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT DPW Murtuza requested Council adopt Resolution No. 22-2014 awarding a construction contract to Golden Bay Construction, Inc. for the 2014 sidewalk maintenance program, and authorizing the City Manager to execute the construction contract. c. ADOPTION OF A RESOLUTION OF SUPPORT FOR ASSEMBLY BUDGET ITEM 9210 RELATED TO INSUFFICIENT EDUCATIONAL REVENUE AUGMENTATION FUND PAYMENTS CM Goldman requested Council adopt Resolution No. 23-2014 supporting Assembly Budget Item 9210 related to insufficient education revenue augmentation fund payments. d. ADOPTION OF A RESOLUTION OF INTENT TO LEVY BROADWAY AVENUE BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2014-15 AND SETTING A PUBLIC HEARING FOR MAY 5, 2014 FinDir Augustine requested Council adopt Resolution No. 24-2014 to levy Broadway Avenue Business Improvement District assessments for Fiscal Year 2014-2015, and setting a public hearing for Monday, May 5, 2014. e. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME MASTER FEE SCHEDULE AND SET THE PUBLIC HEARING FOR SUCH AMENDMENT FOR MAY 5, 2014 FinDir Augustine requested Council adopt a Resolution amending the City of Burlingame Master Fee Schedule and setting the public hearing for such amendment for Monday, May 5, 2014. Vice Mayor Nagel asked about Parks & Recreation fees, fire fees, and business license fees. FinDir Augustine and CM Goldman provided clarification. Burlingame City Council April 7, 2014 Approved Minutes 3 Councilwoman Keighran questioned the $49.50 alarm permit fee that is charged every year and staff advised that it could be discussed at a future meeting, or clarified further when the item is discussed at the public hearing. Vice Mayor Nagel made a motion to adopt Resolution No. 25-2014 declaring intention to amend 2014 Master Fee Schedule for City services; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. f. ADOPTION OF A RESOLUTION SETTING FORTH PROCEDURES FOR REVIEW OF DECISIONS BY SUBORDINATE BODIES REQUESTED BY THE CITY COUNCIL CA Kane requested Council adopt a Resolution setting forth procedures for review of decisions by subordinate bodies requested by the City Council. Mayor Brownrigg expressed concern that an appearance of conflict may exist if a Councilmember calls up an individual application without recusing themselves from voting. There was brief Council discussion and Council did not concur that it was necessary unless the privilege of calling up an item was abused. CA Kane advised that the current call up procedures do not require a Councilmember recusing provided that they already pass the usual recusal procedures. CA Kane advised that the City’s procedures could be revised if the Council chose to do so. Vice Mayor Nagel made a motion to adopt Resolution No. 26-2014 setting forth procedures for review of decisions by subordinate bodies requested by the City Council; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. g. ADOPTION OF A RESOLUTION AUTHORIZING AND APPROVING A COMPROMISE AGREEMENT AND RELEASE BETWEEN THE CITY OF BURLINGAME AND KENNY MOY REGARDING PROPERTY DAMAGE FROM A BROKEN WATER LINE CA Kane requested Council adopt Resolution No. 28-2014 authorizing and approving a compromise agreement and release between the City of Burlingame and Kenny Moy regarding property damage from a broken water line. 9. PUBLIC HEARINGS a. APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A MITIGATED DECLARATION, CONDOMINIUM PERMIT, DESIGN REVIEW, PARKING VARIANCE AND TENTATIVE CONDOMINIUM MAP FOR A TEN UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 1433 FLORIBUNDA AVENUE CDD Meeker reviewed the staff report and gave an overview of the project. CDD Meeker advised that a letter from the appellant’s attorney was received late this afternoon addressing additional objections to the project. Mr. Meeker said due to the late submission of the letter, there was not time for staff to thoroughly review the concerns, and staff is recommending that the item’s decision be delayed until the May 5, 2014 City Council meeting. Mayor Brownrigg opened the public hearing and Ben Murti a representative for the appellant spoke. Mr. Murti referenced the letter that was submitted by attorney Camas Steinmetz this afternoon indicating that the height of the proposed project was inconsistent the City’s Downtown Specific Plan. When asked by Council Burlingame City Council April 7, 2014 Approved Minutes 4 if the attorney Steinmetz was present, the appellant said no he was the only one present. When asked additional questions about the project, Mr. Murti said he preferred that appellant’s attorney answer the questions. The Councilmembers expressed their bewilderment and displeasure that the appellant’s whole team was not present at the meeting, and requested that the appellant’s team watch the video of the meeting and be present if the item is continued to the May 5, 2014 meeting. Mayor Brownrigg requested that the developer present their project. The project Architect Toby Levy spoke and focused on the architectural and planning issues. The applicant’s representative Samir Sharma spoke about his community outreach for the project. They advised that the applicant is anxious to begin the project and asked that the postponed hearing take place as soon as possible. Mayor Brownrigg asked if any member of the public wished to speak. There were no public comments, and the hearing was closed. Vice Mayor Nagel made a motion to bring the item back to the Council as soon as feasible; seconded by Councilman Deal. Councilwoman Keighran commented on the motion and said it was unfortunate that Mr. Murti did not stay to hear the applicant’s presentation, but she would like staff to send an email to the attorney and request that they watch the video from the meeting so they could see and hear the feedback from the Council and the project developer. Councilman Ortiz commented that the letter that was received today from the appellant’s attorney was a delay tactic and the developer was acting in good faith. The motion was approved unanimously by voice vote, 5-0. b. APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A CONDITIONAL USE PERMIT FOR VEHICLE STORAGE AT 960 DAVID ROAD CA Kane spoke and said she would not be a part of the discussion and outside Counsel Kevin Siegel of Burke, Williams and Sorenson was going to be representing her on this item. CDD Meeker reviewed the staff report and advised that the applicant, Flight Car was appealing the Planning Commission’s February 24, 2014 decision to deny their request to allow automobile storage within a drainage easement on property located at 960 David Road. Mr. Meeker advised that the storage of automobiles at the site is associated with the operations of FlightCar, an auto rental business operating from its primary location in Millbrae. Council discussion and questions followed and CDD Meeker addressed the concerns of the Councilmembers and provided additional information. Mayor Brownrigg opened the public hearing, and the applicant Greg Johnson, Chief Operating Officer of FlightCar, spoke and responded to questions by the Councilmembers. At the conclusion of the questions, Mr. Johnson said he was aware that the young founders of FlightCar did not make a very good first impression, but he assured the Council that they are very upstanding, and they have learned from their mistakes, and they would like the opportunity to be in Burlingame. Mayor Brownrigg opened the public hearing, and Tom Marriscolo, representing Anza Parking spoke. There were no further comments, and Mayor Brownrigg closed the public hearing. Burlingame City Council April 7, 2014 Approved Minutes 5 Vice Mayor Nagel made a motion to adopt the Resolution No. 29-2014 granting the appeal of FlightCar, Inc. and approving a conditional use permit for the storage of automobiles within a drainage easement on property located at 960 David Road based on the 15 findings as outlined in the Resolution along with the two additional findings as requested by Councilwoman Keighran. The additional findings were that all vehicles associated with FlightCar shall be parked on the property at 960 David Road and not on any of the public streets in the vicinity; and that a report on the applicant’s compliance with the terms of this conditional use permit shall be prepared by the Community Development Department every six -months, with a report back to the City Council; seconded by Councilman Deal. Mayor Brownrigg commented that he would not be supporting the motion since he considers this a parking facility and feels it should be subject to the same regulations and fees as a parking facility. Mayor Brownrigg also said he did not agree with the every six month check since FlightCar would know it was going to take place. Councilwoman Keighran commented that she had recommended the every six month check, but would certainly expect “spot checking” more frequently than every six months. Mayor Brownrigg called for a roll call vote and the motion was approved 4-1 (Brownrigg voted no). c. PUBLIC HEARING TO ADOPT A RESOLUTION ADJUSTING THE STORM DRAINAGE FEE FOR FISCAL YEAR 2014-15 BY 2% BASED ON THE CONSUMER PRICE INDEX (CPI) FOR THE SAN FRANCISCO-OAKLAND-SAN JOSE, CA AREA AS PUBLISHED MARCH 14, 2014 FinDir Augustine reviewed the staff report and requested the City Council hold a public hearing to adopt the Resolution. FinDir Augustine said this fee was established in 2009-10. Vice Mayor Nagel asked what the average annual fee will be, and DPW Murtuza said it would be $165.00 and currently it is $162.00. Mayor Brownrigg opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Deal made a motion to adopt Resolution No. 27-2014 adjusting the storm drainage fee for Fiscal Year 2014-15 by 2% based on the Consumer Price Index for the San Francisco-Oakland-San Jose, CA area as published on March 14, 2014; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor Brownrigg thanked the Storm Drainage Oversight Committee and Councilman Deal thanked the residents of Burlingame for voting for the fee in 2009. 10. STAFF REPORTS AND COMMUNICATIONS a. ELECTRONIC MEDIA SIGNS IN BURLINGAME CDD Meeker reviewed the staff report and requested Council provide direction regarding its interest in authorizing staff to proceed with further analysis related to the City’s sign regulations to permit off-premise electronic media signs within the Highway 101 corridor where a significant public benefit can be demonstrated. Council discussion followed and Mayor Brownrigg opened the item for public comment and Mark Hudak, Ron Karp and Chris Doherty spoke in favor of electronic signs. There were no further comments, and item was closed. Burlingame City Council April 7, 2014 Approved Minutes 6 Councilman Deal made a motion to give staff the go ahead to begin a three month process to evaluate installing electronic signs along the freeway; seconded by Councilman Ortiz. Vice Mayor Nagel said she would support doing a study, but was skeptical that the electronic signs would be in keeping with the ambience of the City. Councilwoman Keighran said she agrees with doing the research and would like to involve the community and get their input. Mayor Brownrigg concurred with Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. b. COMMENTS – PENINSULA CORRIDOR ELECTRIFICATION PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) Councilman Deal disclosed that he serves as the Vice Chair of the Peninsula Corridor Joint Powers Board which owns and operates Caltrain. Councilman Deal advised that he was at this meeting as a spokesperson for the City of Burlingame, not the Peninsula Corridor Joint Powers Board. CDD Meeker reviewed the staff report and acknowledged the Public Works Department staff for their input of the majority of the comments addressed in the letter. Council thanked staff for the preparing an excellent letter and provided comments and additions. CDD Meeker advised that staff would incorporate the changes requested by the Council and prepare the letter for the Mayor’s signature. Mayor Brownrigg opened the item for public comment, and there were no comments. 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 requested future agenda items include: Shuttle fees Electronic signs input from businesses Appeal policy Pet Parade discussion Alarm fees A recent FCC rule related to limiting local authority of wireless facilities The Post Office property development 13. ACKNOWLEDGMENTS a. Commission Minutes: Planning, February 10 & 24, 2014 and March 10, 2014 Burlingame City Council April 7, 2014 Approved Minutes 7 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 9:40 p.m. in memory of long time Public Works Engineering Department employee Ed Chung. Respectfully submitted, Mary Ellen Kearney City Clerk