HomeMy WebLinkAboutMin - CC - 2017.06.19
Burlingame City Council June 19, 2017
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on June 19 , 2017
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.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Recreation Supervisor Tim Barry.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. CLOSED SESSION
City Attorney Kane reported that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Ortiz reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. NINE SPORTS AWARDS
Recreation Supervisor Barry presented the Nine Sports Awards to students who have played three sports in
6th, 7th and 8 th grade. Congratulations to Dylan Diana, Melanie Gordon, Amelia Harris, Jillian Hurin, Carina
Husain, Milla Kohli, Ryan Larkin, Luca Lawson and Gemma Rice.
7. PUBLIC COMMENT
There was no public comment.
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8. CONSENT CALENDAR
Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent
Calendar. Councilmember Keighran pulled item 8h.
Councilmember Beach made a motion to approve 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8i, and 8j; seconded by
Counc ilmember Keighran. The motion passed unanimously by voice vote, 5 -0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES JUNE 5 , 2017
City Clerk Hassel-Shearer requested Council’s approval of the City Council meeting minutes from June 5,
2017.
b. ADOPTION OF A R ESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
SIDE LETTER AGREEMENTS WITH THE POLICE OFFICERS ASSOCIATION AND
THE ASSOCIATION OF POLICE ADMINISTRATORS
HR Morrison requested Council adopt Resolution Number 59-2017.
c. ADOPTION OF A RESOLUTION APPROVING FISCAL YEAR 2017 -18 PERSONNEL
CHANGES INCLUDING CLASSIFICATION PLAN AMENDMENTS AND REVISIONS TO
EXISTING JOB CLASSIFICATIONS, AND APPROVING THE CITY OF BURLINGAME
PAY RATES AND RANGES (SALARY SCHEDULE)
HR Morrison requested Council adopt Resolution Number 60-2017.
d. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO
STOLOSKI & GONZALEZ, INC., FOR THE NEIGHBORHOOD STORM DRAIN
PROJECT NO. 9, CITY PROJECT NO. 84780, AND APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH CSG CONSULTANTS FOR THE CONSTRUCTION
INSPECTION AND MANAGEMENT SERVICES RELATED TO THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 61-2017 and Resolution Number 62-2017.
e. ADOPTION OF A RESOLUTION ACCEPTING THE EL CAMINO REAL WATER MAIN
IMPROVEMENTS PROJECT, BY CRATUS INC., CITY PROJECT NO. 83510
DPW Murtuza requested Council adopt Resolution Number 63-2017.
f. ADOPTION OF A RESOLUTION ACCEPTING THE MISCELLANEOUS RESERVOIR
AND PUMP STATION IMPROVEMENTS PROJECT, CITY PROJECT NO. 84200 BY
MINERVA CONSTRUCTION, INC.
DPW Murtuza requested Council adopt Resolution Number 64-2017.
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g. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
PLEASANTON ENGINEERING CONTRACTORS FOR THE VANCOUVER AVENUE
BRIDGE REPAIR PROJECT, CITY PROJECT NO. 82580
DPW Murtuza requested Council adopt Resolution Number 65-2017.
h. ADOPTION OF RESOLUTIONS MEMORIALIZING THE CITY COUNCIL’S JUNE 5, 2017
ACTION DENYING AN APPEAL OF, AND UPHOLDING THE PLANNING
COMMISSION’S APPROVAL OF PROJECT ENTITLEMENTS AND CERTIFICATION OF
THE FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR A 27 -UNIT
APARTMENT DEVELOPMENT AT 1128 -32 DOUGLAS AVENUE, AND RELOCATION
OF A PORTION OF THE EXISTING SINGLE-FAMILY RESIDENCE AT 1128 DOUGLAS
AVENUE TO A PROPERTY LOCATED AT 524 OAK GROVE AVENUE
CDD Meeker requested Council adopt Resolution Number 66-2017 and Resolution Number 67-2017.
Councilmember Keighran asked if 25 years was the normal length of time for the condition to set aside two
below market rate units. CDD Meeker responded in the affirmative. He stated that this is what the City had
done with Summerhill.
Vice Mayor Brownrigg discussed the developer’s commitment to keep ing two of the units affordable. He
explained that the condition in the resolution was that the units should be made available to households with
incomes of 110% of the Area Media Income . He voiced a concern that while the units were being made
available to those at 110% of the AMI, there was no wording in the condition about the rental price.
Therefore, he asked if the rental price should be included to ensure that the units are affordable. City
Attorney Kane stated that this is boiler plate language in affordable housing agreements. She stated that the
110% AMI creates a formula by which the rental price is not only calculated but also adjusted over the
length of the condition. She added that the City Manager will need to execute an agreement memorializing
the condition and that the formula for how rent is determined could be included.
Councilmember Keighran made a motion to adopt Resolution Number 66 -2017 and Resolution Number 67-
2017; seconded by Councilmember Colson. The motion was approved unanimously by voice vote, 5-0.
Vice Mayor Brownrigg noted that he voted in favor of the conditions but that he remains opposed to the
project for all the reasons stated at the June 5, 2017 Council Meeting. He added that the conditions laid out
tonight capture the spirit of the discussion.
Mayor Ortiz agreed with Vice Mayor Brownrigg stating his concerns remain but he agreed with the
conditions.
i. APPROVAL OF PUBLIC WORKS MANAGEMENT ANALYST’S OUT-OF-STATE
TRAVEL
DPW Murtuza requested Council approve out-of-state travel for the Public Works Management Analyst.
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j. OPEN NOMINATION PERIOD TO FILL VACANCIES ON THE PARKS AND
RECREATION COMMISSION
Cit y Manager Goldman requested Council open the nomination period to fill vacancies on the Parks and
Recreation Commission.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE TO PLACE A REVENUE
MEASURE TO ENACT A QUARTER CENT LOCAL SALES TAX ON THE NOVEMBER
2017 BALLOT TO MAINTAIN QUALITY OF LIFE PROGRAMS
This public hearing was heard after 9b.
City Manager Goldman presented the staff report introducing an ordinance to place a revenue measure to
enact a quarter cent local sales tax on the November 2017 ballot to maintain quality of life programs.
City Manager Goldman stated that the City has a long tradition of fiscal prudence with balanced budgets and
emergency reserves. She explained that the City has over $100 million in capital needs and inadequate
funding to address aging and deteriorating infrastructure such as streets and sidewalks.
City Manager Goldman explained that as a result of Council prioritizing capital infrastructure needs, staff
undertook significant outreach effor ts to ask residents what their priorities are for spending limited City
dollars. She explained that in the first half of 2017, staff met with 25 different community groups including
the Rotary and Lions Clubs, PTAs, Bur lingame Historical Society, Chamber of Commerce, Downtown and
Broadway business associations, Burlingame Mothers’ Club, City Commissions, and others to share
information about infrastructure challenges and solicit attendees’ feedback. Additionally, hundreds of
residents submitted their thoughts on City priorities by filling out a Community Feedback Form,
participating in an online survey on the City’s website, or returning a card they received in the mail.
City Manager Goldman stated that the City commissioned Godbe Research to conduct an independent public
opinion poll to determine the community’s top priorities. She noted that Godbe had been hired to conduct
surveys in July 2016 and then again in May/June 2017 to understand the community’s support for locally
controlled revenues to maintain and improve Burlingame’s quality of life.
Bryan Godbe from Godbe Research gave a presentation on the polling they conducted in May/June 2017 .
He began with an overview of the results. Mr. Godbe explained that the polling results indicate that ¼ cent
general sales tax is viable in November 2017 and should be considered by the Council. Additionally, he
stated that from the polls, he concluded that the residents’ priorities for Burlingame were as follows: 1)
maintenance of streets and roads and pothole repair; 2) enhancing neighborhood police patrols and crime
prevention programs; 3) reducing traffic congestion on City streets; 4) maintaining recreation programs and
facilities for youth and teens; 5) maintaining safe routes to schools; 6) maintaining healthy trees on City
streets; 7) providing adequate park and recreation facilities; and 8) updating park irrigation systems to
conserve water.
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Next, Mr. Godbe discussed the purpose of the survey. He stated that the purpose was to: 1 ) gauge the
public’s perceptions on quality of life in Burlingame; 2) gauge overall satisfaction with the City’s provision
of services; 3) assess perception of the City’s fiscal management; 4) assess potential support for a local
funding measure to maintain and improve quality of life, including essential City facilities and services with
funding that cannot be taken by the State; 5) determine respondents’ priorities for the City; 6) determine the
impact of informational statements; and 7) validate the representativeness to demographic and/or voter
behavioral characteristics.
In conducting the survey, Mr. Godbe stated that the individuals chosen to participate, were likely November
2017 voters, and were given the option of completing the survey over the phone or online. He stated that the
sample size was 350 individuals.
Next, Mr. Godbe reviewed the findings of the survey.
Mr. Godbe stated that 91.6% of participants rated Burlingame’s overall quality of life at excellent or good.
76.1% of participants stated that the City was doing an excellent or good job in providing services . He
explained that both of these questions were previously asked in July 2016 and the results remained
consistent.
Mr. Godbe stated that participants were asked to rate the City’s fiscal man agement. He noted that 24.5% of
participants stated they didn’t have an opinion. However, he stated among those that d id , 51% said that the
City’s fiscal management was excellent or good. He stated that for a question about fiscal management these
were high marks.
Mr. Godbe explained that the next set of questions were geared around different types of measures. He
stated that participants were given a hypothetical ballot measure question for a sales tax and asked if they
supported it. 58.5% of participants stated their support for the measure.
Next, participants were read a list of priorities and were asked after each priority if it made them much more
likely, somewhat more likely, somewhat less likely or much less likely to approve of the measure. H e
explained that the priorities were then ranked according to their popularity.
Mr. Godbe stated that the priority that ranked the highest was maintaining City streets, sidewalks and
repairing potholes. The next tier of priorities w ere: enhancing neighborhood police patrols and crime
prevention programs, reducing traffic congestion, maintaining recreation programs and facilities for youth
and teens, maintaining safe routes to schools, maintaining healthy trees on City streets, providing adequate
park and recreation facilities and updating park irrigation systems to conserve water.
Mr. Godbe stated that the third tier which received slightly more than 50% of participants support included
providing adequate parking downtown and maintaining athletic and sports fields. He stated that after this
tier, the remaining priorities did not have a simple majority in terms of support.
The next set of questions were informational statements and had a little more detail about the measure and
how it would work. He explained that participants were read an informational statement and asked if it
would influence them to vote yes on a proposed tax measure. The choices that participants were given were:
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no effect, somewhat more likely and much more likely. He stated that the most influential informational
statement was “It is fiscally responsible to repair potholes and maintain our streets, roads and sidewalks now,
so that they don’t continue to deteriorate and cost more in the future . He stated that the following statements
were also highly ranked: 1) all funds from this measure must stay in Burlingame to maintain local services ;
2) well maintained City streets, sidewalks, and parks are important to Burlingame’s quality of life; 3) none of
the money raised by the measure will be used for City administrator salaries and 4) measure requires
independent citizens oversight.
Afterwards, the participants were read the ballot measure question a second time to see what effect, if any,
the listing of priorities and mechanics had on them. He stated that it resulted in 63.7% stating that they
would be likely to vote yes on the measure over the earlier 59%.
Mr. Godbe stated that a bond measure was not viable as only 34% of individuals surveyed stated that they
would vote yes.
Vice Mayor Brownrigg stated he appreciated the input from the residents. He pointed out that while ½ cent
sales tax had a 62% approval rating; staff was only recommending a ¼ cent sales tax. He stated that this was
because of the City’s fiscal prudence.
Councilmember Beach asked if the informal citizen feedback that the City Manager had obtained was
consistent with Mr. Godbe’s polling data. City Manager Goldman replied in the affirmative.
City Manager Goldman stated that if Council approved of the proposed ordinance, the City would place a ¼
cent sales tax measure on the ballot in November 2017. She explained that because it is a general tax
measure, the tax would be approved with a simple majority of the vote.
City Manager Goldman stated that the proposed ballot question was: “To maintain/improve Burlingame’s
quality of life, including essential City facilities and services such as maintaining city streets, sidewalks and
potholes; enhancing neighborhood police patrols/crime prevention programs; maintaining recreation
programs and safe facilities for youth/teens; and other essential city services, shall the City of Burlingame
enact an ongoing, ¼ cent sales tax with authority to incur debt to accelerate infrastructure projects, providing
$2,000,000 annually, with annual audits, independent citizens’ oversight, and all funds spent locally?”
City Manager Goldman stated that the sales tax measure would be utilized for a variety of city services. She
explained that if the measure was approved by the voters, staff would present Council with an expenditure
plan for their review. She added that there would be a citizen’s oversight committee and that staff’s
recommendation was to conduct interviews for the committee prior to the election.
City Mana ger Goldman discussed the roundtable discussions she had with community members concerning
this measure. She noted that some members of that group were at the meeting to speak in support of the
measure including Ross Bruce, Neal Kaufman and Randy Schwartz.
City Manager Goldman noted that if approved the sales tax wouldn’t go into effect until April 1, 2018 and
that it is projected to generate $2,000,000 annually. She stated that certain things are exempt from the tax
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including unprocessed foods, prescription medications, real estate transactions and services. Additionally,
car sales and leases would only be taxed under this measure if the buyer’s/lessee’s home was in Burlingame.
Mayor Ortiz asked the City Clerk Hassel-Shearer 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 proposed ordinance;
seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
Mayor Ortiz opened the hearing for public comment.
Burlingame resident Ross Bruce urged the Council to place the measure on the ballot and to utilize the funds
for potholes, police and parks.
Burlingame resident Neal Kauffman discussed his experience on the storm drain oversight committee and
how the Council properly utilized a measure to improve infrastructure in the City.
Former Councilmember John Root voiced his support for the measure and stated it was a necessity.
Burlingame resident Randy Schwartz stated that the measure has something for everyone. Additionally, he
advocated for recreation center improvements, citing its age and importance in the community.
Burlingame resident Mary Hunt voiced her support for the measure.
Former City Clerk Mary Ellen Kearney discussed walking her dog, Walter, on the sidewalks, and stated that
they needed to be fixed. Therefore she encouraged the City to place the measure on the ballot.
Burlingame resident Matt F. voiced his concern that the money could be spent to pay for pension obligations.
City Manager Goldman stated that if the measure was passed by the voters an expenditure plan would be
given to the Council and there would be an oversight committee to ensure that funds are properly spent.
Councilmembe r Keighran asked how many members would be on the proposed citizen’s oversight
committee. City Manager Goldman stated a minimum of three.
Councilmember Keighran encouraged community members who might be hesitant about how funds would
be spent to apply to be on the citizen’s oversight committee.
Councilmember Beach discussed the City’s fiscal prudence and how the City created reserve funds to plan
for future needs.
Vice Mayor Brownrigg stated that he supported the ongoing sales tax as it would allow for additional police
officers, which was ranked as a top priority in the community.
Vice Mayor Brownrigg explained that the citizen’s oversight committee would ensure that the Council
stayed true to the priorities when it came to spending the funds.
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Mayo r Ortiz explained that the City has $100 million in unfunded needs and that these pr ojects can’t be
funded with annual revenues. Accordingly, he stated that this measure makes the most sense.
Vice Mayor Brownrigg made a motion to bring the ordinance back for adoption at the July 3, 2017 Council
meeting; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5 -0.
b. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2017-18
OPERATING AND CAPITAL BUDGETS AND AUTHORIZING THE FINANCE
DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS; AND (2) APPROVING
THE GANN APPROPRIATION LIMIT
Finance Director Augustine presented the staff report requesting adoption of the FY 2017-18 operating and
capital budgets and authorizing the Finance Director to assign uses of fund balance amounts and approving
the Gann Appropriation Limit.
Finance Director Augustine stated that there are no changes to revenues from the May Budget Study Session.
She noted that there were two additions to the budget since the May Study Session: 1) additional $5,000 to
Community Groups Funding Program and 2) $3.1 million for pension liabilities in the General Fund.
Finance Director Augustine stated that revenue projections remain conservative for the coming fiscal year.
Finance Director Augus tine reviewed the General Fund balance. She stated that the projected revenues for
FY 2017-18 were $68,933,000 and the projected departmental expenditures were $55,565,258. Accordingly,
she stated that the project General Fund balance will be $28,190,469. Additionally, she reviewed the Capital
Improvement Program stating there are $24,808,000 in the different CIP funds .
Lastly, she discussed the Gann Appropriation limit. She stated that the calculation is no longer relevant
except for a handful of cities that are newly incorporated. She explained that it places limits on the growth of
expenditures for public programs. Additionally, the limit adjusts annually for changes in costs of living and
population. She stated that the City is well below the limit of $77 million.
Mayor Ortiz asked Finance Director Augustine to comment on the increased funding for pension liability
obligations . Finance Director Augustine stated that the impetus for increased funding is because the
CalPERS rates are going to increase significantly in the next ten years. She stated that the discount rate is
being brought down over the next three years from 7.5% to 7%. Accordingly, the City is trying to prefund
the approximately $50 million liability by creating a pension liability reserve.
Mayor Ortiz opened the hearing for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to adopt Resolution Number 68-2017 (adopting the FY 2017-18
operating and capital budgets and authorizing the Finance Director to assign uses of fund balance amounts);
seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
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Vice Mayor Brownrigg made a motion to adopt Resolution Number 69-2017 (approving the Gann
Appropriatio n Limit); seconded by Councilmember Beach. The motion passed unanimously by voice vote,
5-0.
c. PUBLIC HEARING REGARDING THE 50/50 SIDEWALK PROGRAM COSTS;
ADOPTION OF RESOLUTIONS AUTHORIZING COLLECTION OF PROPERTY
OWNERS’ COSTS AND ACCEPTING THE 2015 SIDEWALK MAINTENANCE
PROGRAM, CITY PROJECT NO. 84240
DPW Murtuza requested Council adopt Resolution Number 70-2017 and Resolution Number 71-2017.
DPW Murtuza stated that on January 4, 2016, Council awarded the 2015 sidewalk repairs construction
contract to JJR Construction, Inc. in the amount of $869,082. He stated that the project scope consisted of
replacing defective sidewalks, driveways, curb ramps, and curb and gutter. He explained that the City has a
50/50 program where the City repairs sidewalks in front of private properties and the cost is shared between
the City and adjoining property owners. As part of the program, staff worked with the property owners to
determine the cost, sent notices and met with several owners. He explained that work has been completed
and over 50,000 square feet of sidewalk has been installed, 7,000 square feet of driveway approaches have
been built, 30 ADA curb ramps built, 34 curb ramp upgrades and 2,000 linear feet of curb and gutter. He
stated that the total cost of the project was $934,544.
DPW Murtuza stated that the total cost of the project involving private properties was $583,464. Therefore,
the property owners’ share is $291,732. He explained that there are 683 properties in the program area and
the average cost of sidewalk repairs per property is approximately $854. Therefore, the average cost to the
property owner is approximately $427.
DPW Murtuza stated that upon Council’s approval the costs of repairs will be forwarded to the San Mateo
County Asses sor’s office for collection as part of the property taxes due December 2017.
Councilmember Colson asked if the 50/50 program only applied to City of Burlingame homes and not
unincorporated County homes. DPW Murtuza replied in the affirmative.
Councilme mber Colson discussed 4 homes on Pepper Ave where the property line comes all the way up to
the front of the property and the sidewalks are owned by Hillsborough. She asked how these homeowners
could go about getting their sidewalks repaired. DPW Murtuza stated that he would look into this matter.
Mayor Ortiz asked if Hillsborough has a 50/50 program for their sidewalks. DPW Murtuza replied in the
negative stating that Hillsborough has curb and gutter and that residents pay 100% of the repair cost.
Mayor Ortiz opened the hearing for public comment. No one spoke.
Councilmember Keighran made a motion to adopt Resolution Number 70-2017 and Resolution Number 71-
2017; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 5-0.
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Vice Mayor Brownrigg discussed the potential sales tax measure in connection with the amount of sidewalks
that needed repair in Burlingame. He stated that the projected $2 million in revenue could assist the City in
maintaining and replacing sidewalks every year.
d. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING TITLE 25
OF THE BURLINGAME MUNICIPAL CODE (ZONING ORDINANCE) TO INCLUDE
REGULATIONS FOR MECHANICAL EQUIPMENT
Planning Manager Gardiner presented the staff report introducing an ordinance amending Title 25 of the
Burlingame Municipal Code (Zoning Ordinance) to include regulations for mechanical equipment.
Mr. Gardiner stated that currently the City does not have a standard for placement of general mechanical
equipment such as air conditioning compressors and generators. He stated that through a series of meetings
with staff, Planning Commission and the Neighborhood Consistency Subcommittee , regulations were
developed for mechanical equipment installations in both new and existing residential dwellings.
Mr. Gardiner stated that the proposed ordinance was revised to reflect direction from Council at its June 5,
2017 meeting. He stated that the provision concerning screening of mechanical equipment was revised to
state: “mechanical equipment shall be screened from view from any portion of adjacent streets by fences or
hedges.”
Mr. Gardiner explained that as a result of Council’s request, a definition of mechanical equipment was
included in the proposed ordinance. Per the ordinance mechanical equipment is defined as: “machines and
devices, including HVAC units, fans, vents, generators, and elevator motors, integral to the regular operation
of climate control, electrical and similar building systems. Mechanical equipment shall not include water
heaters (both “tank” and tankless” and enclosures for such units.”
Mayor Ortiz asked the City Clerk Hassel-Shearer to read the title of the proposed ordinance. City Clerk read
the title.
Councilmember Keighran made a motion to waive further reading and introduce the proposed ordinance;
seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
Mayor Ortiz opened the hearing for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to bring the ordinance back for adoption at the July 3, 2017 Council
meeting; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5 -0.
e. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE ADOPTING
COMMERCIAL LINKAGE FEES FOR NEW COMMERCIAL DEVELOPMEN T AND
CONSIDERATION OF A RESOLUTION PROVIDING FOR DISCOUNT OF SUCH FEES
WHEN PREVAILING WAGES ARE PAID DURING PROJECT CONSTRUCTION
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Planning Manager Gardiner presented the staff report introducing an ordinance adopting commercial linkage
fees for new commercial development and consideration of a resolution providing for discount of such fees
when prevailing wages are paid during project construction.
Mr. Gardiner stated that at the June 5, 2017 City Council meeting, Council provided direction on the
proposed ordinance. He explained that Council asked staff to provide a tiered structure for office projects to
account for the different scales of office development in Burlingame. Additionally, Council asked staff to
include a discount of fees for developers who utilize prevailing wages.
Mr. Gardiner explained that prevailing wage discounts are typically adopted separately by resolution.
Therefore, a draft resolution that will be brought back for adoption with the ordinance was presented to
Council with the staff report.
Mr. Gardiner stated that the proposed ordinance also establishes a Below Market Rate Fund. The funds
collected from commercial linkage fees will be deposit ed into this fund and utilized to increase and improve
the supply of housing affo rdable to moderate, low, very low, and extremely low-income households. He
noted that options for how the funds could be utilized will be discussed with the Council at a later date.
Vice Mayor Brownrigg asked why the prevailing wage discount is not in the proposed ordinance. City
Attorney Kane stated that the prevailing wage discount will be handled separately by resolution. She
explained that that the prevailing wage discount is adopted by resolution so that if there is a challenge to the
discount the ordinance still stands.
City Attorney Kane stated that the Council has the ability to amend fees through the Master Fee Schedule
and the Council has the ability to create discounts by resolution.
Vice Mayor Brownrigg asked how the Below Market Rate Fund would be administered. City Attorney Kane
stated that the Council can provide direction by resolution on the administration of the funds . She stated that
the expenditure of funds for housing projects will be tied to the budget so that t hat Council will maintain
oversight.
Vice Mayor Brownrigg voiced his concern that if the Council wanted to provide gap funding to a nonprofit’s
housing development it would be hard to wait for the annual budget session. City Attorney Kane stated that
Council could give direction and it would be incorporated into the mid-year adjustment or that a true-up
could be done at Mid-Year or when the budget is set.
Vice Mayor Brownrigg stated that he believed it was important for the fund to be nimble and able to take on
these projects but that he also wanted Council oversight.
Councilmember Beach asked if other cities had a tiered structure, like the proposed ordinance, for office
space. Mr. Gardiner replied in the negative stating that Burlingame would be unique. He stated that tiered
structures are more often seen in residential fees.
Councilmember Colson asked if the fees only apply to new structures or if they would also apply to
conversions , such as retail turning into office space. Mr. Gardiner stated that it would apply to conversions
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greater than 5000 square feet. He explained that the fee would be the net difference between the past usage
and the new usage.
Councilmember Colson asked if it is the landlord or tenant that would be responsible for the fee. Mr.
Gardiner stated that the responsibility is on the owner of the building.
Mayor Ortiz asked the City Clerk Hassel-Shearer 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 proposed ordinance;
seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
Mayor Ortiz opened the hearing for public comment.
Burlingame resident Cindy Cornell from Housing for All Burlingame encouraged the City to increase the
fees above what was in the proposed ordinance and establish residential fees.
Leora Tanjuatco from the Housing Leadership Council of San Mateo County thanked the Council for their
work on commercial link age fees and encouraged the City to adopt residential fees.
Burlingame resident Matt F. asked for a clarification on the potential discount for paying prevailing wages.
Mr. Gardiner stated that the prevailing wage discount would not remove the impact fees but instead would
discount the fee.
Burlingame resident Mark Burri stated that he worked in the construction industry and that prevailing wages
is an investme nt in the community. He thanked the Council for recognizing this.
Councilmember Keighra n asked if the proposed ordinance is passed would the developer need to provide
paperwork to show that the prevailing wage was paid. CDD Meeker replied in the affirmative.
Councilmember Beach stated that the non-discounted rate for the office space above 50,000 square feet is 25
dollars per square foot. She asked if this is within the range of what the consultants originally gave the City.
Mr. Gardiner stated that the fee is higher than the consultant’s range for Burlingame based on their feasibility
analysis. He stated that the numbers bring the City closer to the County average.
Councilmember C olson asked if the fees could later be increased. City Attorney Kane stated that the
ordinance provides that the fees can be amended through the Master Fee Schedule. She added that as long as
the increase is below the upper levels set by the nexus fee study, which will have to be updated periodically,
then Council has discretion to increase the commercial fees.
Councilmember Colson stated that she supported the tiered structure for commercial linkage fees on the
office buildings . She explained that the fees come out of the land value , so once the ordinance is
implemented , the value of the land will effectively be diminished by the increased cost to build. However,
she explained that the cost to build small projects in the downtown area is more expensive than the cost of
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the land in the Bayfront where the likely 50,000 square foot projects would be. Therefore, in relation to land
cost she thought the tier ed structure made sense.
Councilmember Colson talked about the Below Market Rate Fund and stated that she had a lot of ideas on
how the funds could be utilized.
Councilmember Beach stated that she was in support of the proposed ordinance and wanted to see a policy
discussion on how the Below Market Rate Fund would be utilized, soon rather than later.
Vice Mayor Brownrigg stated that in discussions with a developer he was informed that the fees they
currently pay are about $12 a square foot. Accordingly, he stated that if the City adopts the ordinance that
number could climb above $30 a square foot. He stated he was mentioning this because he worried about
when the ordinance would go into effect. City Attorney Kane stated tha t the ordinance would take effect 30
days after adoption.
Vice Mayor Brownrigg asked if he proposed that the ordinance not take effect until 90 days after adoption, if
the ordinance would have to be reintroduced. City Attorney Kane replied in the affirmative.
Vice Mayor Brownrigg stated he was concerned that many aren’t aware of the City’s intention to adopt
commercial linkage fees. He explained that because the commercial linkage fees could have a significant
impact on a project’s budget, he believed that more notice was required.
Mayor Ortiz asked if staff was aware of projects that were in the pipeline or being discussed. CDD Meeker
stated that any projects that are currently in the pipeline or due to be reviewed would be immediately noticed
of the commercial linkage fees.
Councilmember Keighran asked for a clarification on which projects would be impacted when the ordinance
becomes effective. CDD Meeker stated that projects deemed complete prior to the date the ordinance
becomes effective, wouldn’t be assigned commercial linkage fees.
Councilmemb er Keighran stated that this concerned her, because the City would be impacting projects that
are already meeting with the Community Development Department and who have developed their budget.
Councilmember Be ach stated she had to believe that individuals building large office developments were
paying attention to the discussion of commercial linkage fees. She explained that many communities on the
Peninsula had already adopted these fees and therefore it wouldn’t be a surprise.
Councilmember Colson agreed with Councilmember Beach. She stated that builders are looking at $450 of
construction cost per square foot and what the Council was proposing was less than 5% of construction costs.
She stated with ho w construction costs are escalating, developers have fairly large contingencies.
Councilmember Keighran asked staff to notify any projects in the pipeline about the commercial linkage fees
if the proposed ordinance is brought back for adoption. CDD Meeker replied in the affirmative.
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City Attorney Kane stated that another option is that the Council can adopt a resolution that reduces the fees
for any project that is in the pipeline at the time of adoption.
Mayor Ortiz stated that he was in support of the proposed ordinance and the prevailing wage resolution. He
explained that in reference to the timing, the City has been talking about these fees for a long time.
Councilmember Beach made a motion to bring the ordinance back for adoption at the July 3, 2017 Council
meeting; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDERATION OF APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES
City Manager Goldman presented the staff report concerning consideration of appointments to the Library
Board of Trustees. She stated that there were two impending vacancies on the Library Board of Trustees due
to the expiring terms of Trustees Mike Nagler and Kerbey Altmann. She explained that the vacancies were
publicized and notification letters were sent to past applicants.
City Manager Goldman stated that three applications were received as of the deadline. The three applicants
(Kerbey Altmann, Mike Nagler and Irving Agard) were interviewed by the Council.
Mayor Ortiz opened the item for public comment. No one spoke.
CC Hassel-Shearer gave each Councilmember a ballot to vote for two candidates each for a three year term.
She then read the ballot of each Councilmember. Mike Nagler and Kerbey Altmann were unanimously
chosen by the Council.
Mayor Ortiz thanked all the candidates for their time.
Congratulations to Mike Nagler and Kerbey Altmann on their appointments to the Library Board of Trustees.
b. CONSIDERATION OF APPOINTMENT TO THE BEAUTIFICATION COMMISSION
City Manager Goldman presented the staff report concerning consideration of an appointment to the
Beautification Commission. She stated that there was one pending vacancy due to former Commission Vern
Deason relocating outside of the City. She explained that the vacancy was publicized and notification letters
were sent to past applicants.
City Manager Goldman stated that one application was received as of the deadline of June 2, 2017. The one
applicant, Qiva Dinuri, was inte rviewed by the City Council on June 14, 2017.
Mayor Ortiz opened the item for public comment. No one spoke.
CC Hassel-Shearer gave each Councilmember a ballot to vote for one candidate to fill former Commissioner
Deason’s remaining term ending October 7, 2019. Qiva Dinuri was unanimously chosen by the Council.
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Congratulations to Qiva Dinuri on her appointment to the Beautification Commission.
c. DISCUSSION OF EUCALYPTUS TREE EVALUATION ON BURLINGAME AVENUE AND
REMOVAL OF 12 TREES
City Arborist Disco presented the staff report concerning the Eucalyptus tree evaluation on Burlingame
Avenue and the removal of 12 trees.
City Arborist Disco explained that on January 8, 2017, a Eucalyptus tree in front of the candy store fell over.
He explained that a month later two more trees fell down in front of Atria. He noted that when these trees
fell over they didn’t disturb or damage the sidewalks.
City Arborist Disco stated that the day after the two trees fell; he reviewed the Eucalyptus trees on
Burlingame Avenue in order to ascertain why they were tipping over. He noted some root disturbance
during his review and therefore called a qualified arborist to assess the trees. The qualified arborist assessed
the trees using the Matheny and Clark 12 Point Asses sment and determined that 12 Eucalyptus trees needed
to be removed.
City Arborist Disco showed slides displaying the decay of the trees that were removed. He showed a cross-
section of one of the Eucalyptus trees that was mostly decay and turned to sawdust when touched.
City Arborist Disco explained that the 800-1000 blocks of Burlingame Avenue are themed blocks.
Therefore, he stated that for each tree removed, it would need to be replaced with a Eucalyptus. He
explained that he was planting Eucalyptus Citriodora, a species similar to what was removed, but the
Citriodora only reaches heights of 70 feet instead of 120. Accordingly, the Eucalyptus Citriodora is easier
to maintain. He noted that the Citriodora has a fast growth rate, good structure , and an ability to adapt to
multiple soil types. He added that there is a Citriodora in front of Easton Library.
Vice Mayor Brownrigg discussed how the current Eucalyptus trees regularly shed large pieces of bark. City
Arborist Disco stated that Citriodora don’t have the same shedding issue.
City Arborist Disco reviewed the next steps. He stated that staff will remove the stumps of the 12
Eucalyptus trees and plant new trees. Additionally, all Eucalyptus trees on Burlingame Avenue will be
scheduled for routine pruning during this next fiscal year. He noted that there is another 15 Eucalyptus trees
that need to be assessed for health and structure by a qualified arborist. He stated that after the assessment,
he would evaluate the results to determine if any additional trees need to be removed. If it was determined
that trees did need to be removed, he would bring it back to Council. Lastly, he stated that this process
would continue on Easton Drive.
Mayor Ortiz asked what caused the decay on the Eucalyptus trees. City Arborist Disco stated that it
probably started years ago with someone trimming a limb off the tree.
Councilmember Beach asked if there was a sense of how old the grove of Eucalyptus trees on Burlingame
Avenue was . City Arborist Disco stated that he believed that they are over a hundred years old.
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Councilmember Beach asked what the typical lifespan of the Eucalyptus trees was. City Arborist Disco
replied that it was unclear.
Councilmember Beach asked if the Citriodora had the same fragrant smell. City Arborist Disco responded in
the affirmative stating that it smells like lemons.
Vice Mayor Brownrigg noted that City Arborist Disco is working with the City and Caltrans on reviewing
the trees on El Camino Real. City Arborist Disco responded in the affirmative.
Councilmember Keighran asked how the root system of the Citriodora compared with the root system of the
old Eucalyptus trees. City Arborist Disco stated that he would have to get back to Council on that.
Vic e Mayor Brownrigg asked if it would help the root structure of the trees if the sidewalks were permeable.
City Arborist Disco replied in the affirmative.
Councilmember Beach asked if the themed streets block meant that the replacement trees must be 100% the
same type or if the City Arborist could choose other trees. City Arborist Disco stated it is 100%.
Mayor Ortiz opened up the item for public comment. No one spoke.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT FOR JOINT USE, MAINTENANCE, OPERATION, AND FOR
MAINTAINING A STRONG COLLABORATIVE RELATIONSHIP BETWEEN THE CITY
OF BURLINGAME AND THE BURLINGAME SCHOOL DISTRICT
City Manager Goldman presented the staff report requesting that Council authorize her to execute the
agreement for joint use, maintenance, operation, and for maintaining a strong collaborative relationship
between the City of Burlingame and the Burlingame School District.
City Manager Goldman stated that the City has a long partnership with the Burlingame School District that
dates back decades. She stated that the current agreement the City has with BSD expires the end of June.
Therefore the City and BSD have been negotiating a new agreement.
City Manager Goldman stated that the significant provisions of the proposed agreement include:
1. The City will contribute $350,000 toward the resurfacing of Franklin and Osberg Fields if the work is
done in FY 2017-18. That amount increases to $400,000 if the work is done in FY 2018-19, and
$450,000 if the work is done in FY 2019-20.
2. The City will contribute 50% toward the cost of the future resurfacing of Franklin and Osberg Fields;
that resurfacing is anticipated to take place ten years from the date of installation that will occur in
2017, 2018, or 2019. The City will set these funds aside in a dedicated City sub-fund within the
Capital Projects Fund so that they are available when needed.
3. The obligation for the City to contribute its 50% of the future resurfacing cost survives any
termination of the Agre ement, provided that the City continues to retain the ability to schedule and
use the fields and collect associated fees.
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4. The District will bear sole responsibility and cost for the maintenance of both fields following the
manufacturer’s and installer’s recommended maintenance schedule for such fields. The City-District
Liaison Committee will be briefed annually by the Parks and Recreation Department and the
District’s Facilities Department on the condition of the fields.
5. The City will continue to pick up trash at the two fields on Mondays.
6. The City will remain responsible for scheduling the two District fields for use by the District, the
City, Validated Youth User Organizations, and other groups during non-school hours.
7. The City will charge groups using the fields the applicable fees, pay the District $50,000 annually,
and retain all other revenues derived from the use of the fields.
8. The City will continue to manage the after-school sports programs for elementary school and middle
school students and pay the District 10% of the activity fees for each participant in the programs held
at District school sites.
9. The City will continue to manage the non-sports enrichment programming and will pay the District
15% of the activity fees for each participant in the programs held at District school sites. (Under prior
agreements, the City paid the District 10% of the fees.)
10. The District will guarantee the City a minimum of two classrooms at each school site for non-sports
enrichment programming. Once the City’s room requests have been confirmed, the City programs
cannot be moved to alternate locations absent an emergency unless the alternate location is of
sufficient size and can accommodate the needs of the particular class.
11. The City will manage the Adult Sports programs and pay the District 10% of the activity fees for
each participant in programs held at District school sites. These currently include Sunday Drop In
and the Adult Basketball League.
12. The City will continue to pay the District’s storm drain fees.
13. The 2 -2-2 Committee will expand to 3 -3-2 (3 City staff, 3 District staff and 2 members of the public)
in order to ensure that the appropriate City and District staff are available at the meetings to discuss
enrichment and athletic programs.
14. The City will c ontinue to pay 100% of the cost of seven crossing guards and 50% of the cost of three
crossing guards. Additional crossing guards will be split 50/50.
15. The City will continue to provide Police resources for District schools to handle crime prevention
programs and police incidents involving students.
16. The District will continue to support significant community events, such as the holiday tree lighting,
and will assist the City with distribution of information about City programs to students and parents,
including information about the City’s scholarship program.
City Manager Goldman explained that the primary impact to the City’s budget is the cost of resurfacing the
two turf fields. Additionally, she stated that the City will need to set aside 50% of the cost of the future
resurfacing of the fields every year, currently estimated at $170,000 to $188,000 per year.
City Manager Goldman stated that the remaining monetary items in the contract are similar to those included
in prior agreements, with the following exceptions:
1. The City is no longer paying the District’s water fees (approximately $40,000 annually).
2. The City will retain more in field fees than it did under the prior formula.
3. The District will get an extra 5% for non-sport enrichment programs on school sites.
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City Manager Goldman stated that the District has not yet approved the agreement and was waiting for the
Council to vote first.
Councilmember Colson stated that she attended the District’s board meeting where the proposed agreement
was discussed. She stated that the board was appreciative of the thoughtful discussion and work that had
been done between the City and District.
Mayor Ortiz opened up the item for public comment. No one spoke.
Councilmember Beach thanked City and District staff for their hardwork and arriving at a reasonable
agreement.
Councilmember Keighran stated that she would be voting against the agreement. She stated that she agreed
with almost every part of the agreement with the exception of bullet point 1 (that the City would contribute
$350,000-$450,000 toward the resurfacing of Franklin and Osberg in the next three years). She explained
that the field should have lasted ten years and that the District’s bond measure had language included in it
that funds would be utilized to turf the fields. She stated that she didn’t believe that General Funds should be
used to assist the District in returfing the fields in the next three years.
Councilmember Keighran stated that if this agreement is to move forward that the City should pay the
$350,000-$450,000 directly to the manufacturer.
Mayor Ortiz thanked the City Manager for all the time she spent on this matter.
Councilmember Beach made a motion to adopt Resolution Number 72-2017; seconded by Vice Mayor
Brownrigg. The motion passed by voice vote, 4-1 (Councilmember Keighran voted against).
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
Councilmember Beach requested a continued policy discussion of Lots F & N. Council determined that the
developer should first submit their application and then a discussion could be had.
13. ACKNOWLEDGEMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety
Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees
are available online at www.burlinga me.org.
a. MAY 2017 PERMIT ACTIVITY
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14. ADJOURNMENT
Mayor Ortiz adjourned the meeting at 10:19 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk