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HomeMy WebLinkAboutMin - CC - 2017.06.19 Burlingame City Council June 19, 2017 A pproved Minutes 1 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. Burlingame City Council June 19, 2017 A pproved Minutes 2 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. Burlingame City Council June 19, 2017 A pproved Minutes 3 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. Burlingame City Council June 19, 2017 A pproved Minutes 4 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. Burlingame City Council June 19, 2017 A pproved Minutes 5 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: Burlingame City Council June 19, 2017 A pproved Minutes 6 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 Burlingame City Council June 19, 2017 A pproved Minutes 7 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. Burlingame City Council June 19, 2017 A pproved Minutes 8 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. Burlingame City Council June 19, 2017 A pproved Minutes 9 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. Burlingame City Council June 19, 2017 A pproved Minutes 10 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 Burlingame City Council June 19, 2017 A pproved Minutes 11 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 Burlingame City Council June 19, 2017 A pproved Minutes 12 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 Burlingame City Council June 19, 2017 A pproved Minutes 13 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. Burlingame City Council June 19, 2017 A pproved Minutes 14 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. Burlingame City Council June 19, 2017 A pproved Minutes 15 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. Burlingame City Council June 19, 2017 A pproved Minutes 16 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. Burlingame City Council June 19, 2017 A pproved Minutes 17 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. Burlingame City Council June 19, 2017 A pproved Minutes 18 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 Burlingame City Council June 19, 2017 A pproved Minutes 19 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 10:19 p.m. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk