HomeMy WebLinkAboutMin - CC - 2017.05.01
Burlingame City Council May 1, 2017
Approved Minutes
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on May 1, 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 Russ Cohen.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
City Attorney Kane stated 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. SAN MATEO GREEN BUSINESS WINNERS
Mayor Ortiz thanked the San Mateo County Office of Sustainability for restarting their green business
program. He explained that the County established a process for businesses to be certified as a “Green
Business.”
Mayor Ortiz stated that in Burlingame, the following businesses were certified green: Merrill’s Packaging
Inc., Elm Advisors, and San Mateo County Silicon Valley Convention and Visitors Bureau.
Mayor Ortiz congratulated and thanked the businesses for their hardwork and dedication to the environment.
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Each business received a certificate thanking them for their efforts.
b. PRESENTATION BY BURLINGAME HISTORICAL SOCIETY
Burlingame Historical Society Vice President Russ Cohen gave an educational presentation on the Historical
Society and the many things it does in the community. He explained that the Burlingame Historical
Society’s mission is to provide vital information, important education, and unforgettable joy.
Mr. Cohen reviewed the work that the Burlingame Historical Society has done including: recording
interviews with older residents about Burlingame’s history, providing 12 sidewalk plaques describing
historic facts about downtown Burlingame, and conducting research on over 40 historic properties. He also
discussed the free history museum at the train station and the walking tours given to third graders. He ended
by inviting everyone to check out the Historical Society’s website at: www.burlingamehistory.org.
Vice Mayor Brownrigg thanked the Burlingame Historical Society for their hard work and for their
assistance to the City on providing historical background on various projects.
c. SOLID WASTE COLLECTION REVISED FRANCHISE AGREEMENT
South Bayside Waste Management Authority (“SBWMA”) Executive Director Joe La Mariana explained
that SBWMA is a joint powers authority of 12 public agencies that handles recycling and trash for their
members. He stated that SBWMA is currently under contract with Recology but that the contract will expire
in 2020.
Mr. La Mariana stated that the SBWMA board is recommending a renegotiated contract with Recology in
2021. The proposed term for the contract would be 15 years. He stated that there would be no changes to
the core collection services.
Mr. La Mariana explained that there would be a few changes including: 1) going from national indices to
regional indices for CPI adjustments; 2) new language for service level adjustments to address the
development boom on the Peninsula; and 3) 5% cap on contractor’s compensation.
Mr. La Mariana discussed the benefits of the negotiated Recology offer. He stated that it would provide
members with consistency in all existing collection services and avoid the pitfalls of transferring to a new
service provider. In addition, he stated that the proposed rates continued to be in-line with the Bay Area and
that the offer would result in savings of $2-3 million.
Mr. La Mariana reviewed the next steps including meeting with the member agencies; reviewing the
agreement at an SBWMA Board Meeting for final approval; and conducting member agency negotiations for
individual agreements.
Vice Mayor Brownrigg discussed the major fire that occurred at the facility in San Carlos last year. He
asked Mr. La Mariana to explain how SBWMA did with respect to insurance covering those expenses. Mr.
La Mariana explained that the facility suffered $6.5 – 10 million in damages but that the cost was 100%
covered by insurance minus the $5,000 deductible.
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Vice Mayor Brownrigg stated that because the contract with Recology is a fixed price contract, the only
increases have been due to inflation. He stated that the price has not been increased even with all the growth
in the area. Accordingly, he stated that there will be an initial increase in the rates in 2021 because of past
growth and the predicted growth for the next three years.
Councilmember Keighran asked to see the Bay Area rate survey. Mr. La Mariana replied in the affirmative.
Councilmember Colson asked how SBWMA would communicate to the rate payers the increase in rates.
Mr. La Mariana stated that each of the member agencies sets their own rates. He stated that SBWMA and
Recology work with the cities on setting their rates.
7. PUBLIC COMMENTS
Recreation Coordinator Nicole Rath introduced the Youth Advisory Committee and stated that this would be
their third report to the Council this year.
YAC representatives discussed the projects they recently completed including the Valentine’s Dance for
Senior Citizens, the Princess Project, a Royal Dance, and volunteering at the City of San Mateo
Eggstravaganza event. As well, YAC representatives discussed upcoming projects including assisting with a
Star Wars-themed Parents Night Out and Streets Alive.
Mayor Ortiz and the Council thanked YAC for their hard work.
Burlingame resident Elana Lieberman discussed using Topgolf rental fees to create a fund for affordable
housing in Burlingame. She stated that a petition had been created to show the community’s support to
direct funds from Topgolf to affordable housing. Additionally, Cesar Gonzalez, Cindy Cornell, and Kristen
Parks voiced their support to create a fund for affordable housing.
Burlingame resident Larry Stevenson discussed the parking and delivery requirements in downtown
Burlingame.
A new resident living on Bellevue thanked the Council for all their efforts and said he is very happy to be
living in Burlingame.
8. APPROVAL OF CONSENT CALENDAR
Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent
Calendar. Councilmember Colson pulled item 8a, and Councilmember Keighran pulled item 8f.
Vice Mayor Brownrigg made a motion to approve 8b, 8c, 8d, and 8e; seconded by Councilmember
Keighran. The motion was approved unanimously by voice vote; 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES APRIL 17, 2017
City Clerk Hassel-Shearer requested Council’s approval of the City Council Meeting Minutes from April 17,
2017.
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Councilmember Colson asked that on page 3, the radius for noticing be changed from 3,000 feet to 300 feet.
Councilmember Beach stated that on page 4, paragraph 6, there was a discussion of the location of the
appellant’s garage. She stated that after talking with staff, it would be more accurate to state: “Ms. Yarema
noted that the attached garage was being built on the left side of the property, at five feet from the property
line shared with Ms. McLaughlan. Once construction is complete, there will be a twenty-two foot separation
between the attached garage and Ms. McLaughlan’s home, since her home is at a much greater setback from
the property line.”
Councilmember Beach stated that on page 12, paragraph 4, it should be clarified that there is precedent of
cities assisting in funding major capital improvements of school district fields, which are used by City and
community groups.
Vice Mayor Brownrigg made a motion to adopt the amended Meeting Minutes from April 17, 2017;
seconded by Councilmember Beach. The motion passed unanimously by voice vote; 5-0.
b. ADOPTION OF A RESOLUTION APPROVING THE FINAL PARCEL MAP (PM 16-02),
LOT SUBDIVISION AT 300 AIRPORT BOUELVARD
DPW Murtuza requested Council adopt Resolution Number 27-2017.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO SEND A LETTER OF
OPPOSITION REGARDING AB 1250, COUNTIES AND CITIES: CONTRACTS FOR
PERSONAL SERVICES
City Manager Goldman requested Council adopt Resolution Number 28-2017.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO SEND A LETTER OF
OPPOSITION REGARDING SENATE BILL 649 – WIRELESS AND SMALL CELL
TELECOMMUNICATIONS FACILITIES
City Attorney Kane requested Council adopt Resolution Number 29-2017.
e. SET PUBLIC HEARING DATE FOR AN APPEAL OF THE PLANNING COMMISSION’S
ACTION REGARDING APPLICATIONS FOR DESIGN REVIEW AND A HILLSIDE AREA
CONSTRUCTION PERMIT FOR FIRST- AND SECOND-STORY ADDITIONS TO A
HOME LOCATED AT 1556 ALTURAS DRIVE
CDD Meeker requested Council set May 15, 2017, as the hearing date for an appeal of the Planning
Commission’s decision on 1556 Alturas Drive.
f. APPROVAL OF AN APPLICATION FOR THE CHARGE! PROGRAM
Sustainability Coordinator Michael requested Council approve of an application for the Charge! Program.
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Councilmember Keighran stated that under this program, charging stations would be installed at City Hall
and the Library for staff and public use and that charging stations would be installed at the Corp Yard and
Police Station for staff use only. Accordingly, she asked if there would be signage at the charging stations at
City Hall and the Library informing the public of their availability. Sustainability Coordinator Michael
replied in the affirmative.
Councilmember Keighran made a motion to approve the application for the Charge! Program; seconded by
Councilmember Colson. The motion passed unanimously by voice vote; 5-0.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS
IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2017-18
Finance Director Augustine presented the staff report on the adoption of Broadway Area Business
Improvement Assessments for Fiscal Year 2017-18. She stated that on April 3, 2017, the City Council
adopted a resolution of intention to set the assessments. She explained that notices were sent out and that the
City did not receive any protests.
Finance Director Augustine stated that the assessments are not City funds and are instead collected on behalf
of Broadway BID.
Mayor Ortiz opened the public hearing. No one spoke.
Mayor Ortiz asked the City Clerk how many protests the City received. City Clerk Kearney reported that she
had not received any protests.
Councilmember Keighran made a motion to adopt Resolution Number 30-2017; seconded by Vice Mayor
Brownrigg. The motion passed unanimously by voice vote, 5-0.
b. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF
BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 1, 2017
Finance Director Augustine presented the staff report on the adoption of a resolution approving the City of
Burlingame Master Fee Schedule effective July 1, 2017.
Finance Director Augustine explained that last year a cost allocation fee study was done to understand the
costs of services outlined in the Master Fee Schedule. She stated that for many services, an increase to full
cost recovery significantly increased the fee. Therefore, when the Master Fee Schedule was presented last
year, the Council felt trepidation in authorizing proposed fees that, while at full cost recovery, were more
than double what was currently being charged. Accordingly, Council’s direction was that the increases
should be done over a two-year period, with fee increases being capped at twice the current amount.
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Finance Director Augustine stated that last year staff prepared a worksheet of the proposed fees, noting the
“capped fee”, the 100% full cost recovery amount, and the percentage of cost recovery at the new capped
rate. She stated that the worksheet was updated and attached to the staff report to help explain the
recommended fees in the 2017-18 Master Fee Schedule. She explained that fee increases were again capped
at twice the currently-charged rate.
Finance Director Augustine stated that capping fees impacted four departments: Building, Engineering,
Planning, and Police. She explained that nearly all of the Building fees capped in the 2016-17 Master Fee
Schedule will now be brought up to or near 100% cost recovery without significant increases in a single
fiscal year. For Engineering fees, she explained that only six were capped last year to avoid significant
increases. In addition, she stated that three Engineering fees will be capped this year, but the increases will
bring the fees closer to full cost recovery. For Planning services, she explained that fees for the upcoming
fiscal year are in the range of 50% to 100% cost recovery depending on the services being rendered. Lastly,
for the Police Department, she explained that while some of the fee increases push towards full cost
recovery, some of the fees will be kept well below full cost recovery to encourage compliance.
Finance Director Augustine discussed the condominium permit fees. She stated that after the April 3, 2017
Council meeting, staff reviewed the fee structure and created a new tier system. She explained that under the
proposed fee increases, the condominium permit fee for large developments is close to full cost recovery.
Another concern that was raised at the April 3, 2017 Council meeting was that the proposed hauling fee
would be a hefty addition to the cost of a small residential project. Finance Director Augustine stated that
after conferring with the Engineering staff, it was concluded that the hauling permit fee is usually applied to
larger development projects that involve the excavation and removal of large amounts of native material to a
location off-site. Accordingly, the fee is rarely applicable to small residential projects. Therefore, she stated
that the proposed fee was capped at twice the current fee.
Finance Director Augustine stated that Council raised the question of whether the City’s plan to switch to
Peninsula Clean Energy’s ECO100 Plan was considered in the recommended fees for lighting at the various
fields. She explained that only a small portion of the fee charged for the lighting is the actual cost of
electricity.
Finance Director Augustine stated that at the April 3, 2017 Council meeting, staff was asked to provide a fee
study of neighboring cities. She stated that staff included relevant fees in the report.
Councilmember Keighran stated her appreciation for the new tier structure for condominium permit fees.
She stated that she remained concerned about special encroachment permits where the 2015-16 fee was $618
and the proposed fee is $2,472. She asked why there is such a high increase. DPW Murtuza discussed the
legal review and surveying that is needed for these permits. He stated that there is a lot of staff time that is
associated with the special encroachment permits. Accordingly, the cost allocation fee study that was
completed showed the actual costs associated with special encroachment permits.
The Council then discussed encroachment permits for non-permanent structures such as tables and chairs on
the sidewalk outside a restaurant versus permanent structures like a fence around a yard.
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Councilmember Beach stated that when the City is not achieving full cost recovery of services, the taxpayers
of Burlingame are subsidizing the cost. She explained that she believed that there needed to be a significant
public benefit to the services where the City was not achieving full cost recovery. She stated that non-
permanent structures such as restaurant tables and chairs on the sidewalk are a public benefit.
Councilmember Beach asked if because non-permanent structures were a public benefit, if the proposed fee
was too high and would discourage restaurants from having tables and chairs outside. DPW Murtuza stated
that in many cities the fee is an annual permit while in Burlingame it is a one-time fee.
Councilmember Beach stated that she wanted to see full cost recovery in other areas where a public benefit
was not as clearly derived. She gave the example of the proposed increases to the sale, transfer, or renewal
of tanning salons that would bring the City to 47-49% of full cost recovery. She listed a few more examples
such as the Model/Escort Service application and private patrol company fees. She stated that she would be
in favor of increasing these fees to full cost recovery.
Finance Director Augustine explained that for the private patrol company, staff did not want to increase the
fees to full cost recovery as it could put a strain on the Police Department.
Councilmember Beach discussed the fees that are for example $8 below cost recovery. She asked why they
weren’t brought up to full cost recovery. Finance Director Augustine explained that full cost recovery is the
legal limit.
Vice Mayor Brownrigg stated that he believed that full cost recovery is more a guideline as each individual
case is different. He explained that he believed it to be more of a policy conversation.
Councilmember Colson thanked the staff for their work on this matter. She asked that on page 47 referring
to the Burlingame High School fees that a reference be placed directing people to the school’s website.
Mayor Ortiz opened the public hearing for comment. No one spoke.
Councilmember Colson made a motion to adopt Resolution Number 31-2017; seconded by Vice Mayor
Brownrigg. The motion passed unanimously by voice vote, 5-0.
Councilmember Keighran thanked the staff for answering her concerns. She stated that while she knew
going through the Master Fee Schedule was tedious, that it was important.
Vice Mayor Brownrigg stated that next year it would be helpful to break down the Master Fee Schedule into
functions and allow more time for review.
Mayor Ortiz suggested having a study session next year.
Councilmember Beach asked if there was any traction on removing the cap ceiling of two times the current
rate and having staff determine what fees should be limited to encourage a public benefit.
Councilmember Colson stated that she believed the capping was a short-term directive.
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Vice Mayor Brownrigg stated that he believed the public benefit discussion was a political decision and best
kept with the Council.
10. STAFF REPORTS AND COMMUNICATIONS
a. ADOPTION OF THE REVISIONS TO THE PRIORITIES IDENTIFIED DURING THE FY
2017-2018 GOAL-SETTING SESSION
Assistant to the City Manager (“ACM”) Blackburn presented the staff report on the revisions to the priorities
identified during the FY 2017-2018 Goal-Setting Session. She stated that staff is recommending that
Council adopt the four priorities established during the Goal-Setting Session: 1) Sustainability; 2)
Transportation; 3) Housing; and 4) Infrastructure.
ACM Blackburn stated that during the Goal-Setting Session on January 28, 2017, the City Council, staff and
members of the community tackled a single question presented by Mayor Ortiz: “How do we make
Burlingame a better place to live and work.” The ideas raised during the Goal-Setting Session were
summarized in a chart and presented to Council for adoption during the March 20, 2017 City Council
Meeting. During that meeting, City Council and staff discussed changes to the chart and discussed how the
priorities would be used and implemented during FY 2017-18.
ACM Blackburn stated that the two key points discussed during the meeting were addressed in the revised
report presented to Council. First, the Council agreed that the priority “Quality of Life” would more aptly be
described as a common theme that underpins the four Council priorities. Secondly, she explained that the
four priorities are meant to serve as the guiding principles that will aid the Council and staff in prioritizing
and planning future initiatives, policies, projects, and strategies. She stated that going forward, staff reports
will include a section identifying which of the four priorities, if any, the staff recommendation will promote.
ACM Blackburn asked that Council review and approve the four revised priorities.
Mayor Ortiz opened the item up for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to adopt the modified priorities; seconded by Councilmember Beach.
The motion passed unanimously by voice vote, 5-0.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
12. FUTURE AGENDA ITEMS
Councilmember Beach discussed the momentum among cities to weigh in as the railroad is seeking a short-
line operator along the corridor that will be doing some freight delivery. She explained that the railroad is
considering increasing the grade that is allowed and that it could potentially reduce the cost of grade
separation. Therefore, she stated that Council should consider sending a letter to the railroad asking them to
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be mindful of the needs of the City and decide on a grade that is win-win for all. Vice Mayor Brownrigg
seconded this item.
13. ACKNOWLEDGMENTS
The agendas, packets and meeting minutes for the Planning Commission, Traffic, Safety and Parking
Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees
are available online at www.burlingame.org.
14. ADJOURNMENT
Mayor Ortiz adjourned the meeting at 9:04 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk