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HomeMy WebLinkAboutMin - CC - 2016.06.06 Burlingame City Council June 6, 2016 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on June 6, 2016 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 Jennifer Pfaff. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran MEMBERS ABSENT: Ortiz 4. REPORT OUT FROM CLOSED SESSION The Council met in closed session and considered two items but no reportable action was taken. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION OF NINE SPORTS AWARDS This presentation was delayed until the June 20, 2016 City Council Meeting. 7. PUBLIC COMMENTS There were no public comments. 8. CONSENT CALENDAR Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Councilmember Colson pulled item 8m and Councilmember Beach pulled item 8c. Burlingame City Council June 6, 2016 Approved Minutes 2 Councilmember Brownrigg made a motion to approve 8a, 8b, 8d, 8e, 8f, 8g, 8h, 8i, 8j, 8k, and 8l; seconded by Councilmember Beach. This motion was approved unanimously by voice vote, 4-0-1. a. APPROVAL OF THE CITY COUNCIL BUDGET SESSION MEETING MINUTES MAY 11, 2016 CC Hassel-Shearer requested Council approve the City Council Budget Session Meeting Minutes of May 11, 2016. b. APPROVAL OF THE CITY COUNCIL MEETING MINUTES MAY 16, 2016 CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of May 16, 2016. c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD SERVICES Police Chief Wollman requested Council adopt Resolution Number 45-2016. Councilmember Beach asked if the City pays for the crossing guards at every elementary school site in the City of Burlingame or is the cost shared with the School District. City Manager Goldman explained that the City pays for 7 crossing guards and that the City shares the costs with the School District for any additional crossing guards. Mayor Keighran noted that OLA pays 50% of the cost for the crossing guard by their school. City Manager Goldman replied in the affirmative. Mayor Keighran opened the item up for public comment. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 45-2016; seconded by Councilmember Brownrigg. This motion passed unanimously by voice vote, 4-0-1. d. ADOPTION OF A RESOLUTION TO RENEW AN INFORMATION SERVICES CONTRACT WITH CAINE COMPUTER CONSULTING, LLC, TO PROVIDE INFORMATION TECHNOLOGY SERVICES FOR THE POLICE DEPARTMENT Police Chief Wollman requested Council adopt Resolution Number 46-2016. e. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2016-2017 City Manager Goldman requested Council adopt Resolution Number 47-2016. Burlingame City Council June 6, 2016 Approved Minutes 3 f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES City Manager Goldman requested Council adopt Resolution Number 48-2016. g. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO RANGER PIPELINES INC. FOR THE EASTON ADDITION, RAY PARK, AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 1, CITY PROJECT NO. 84190, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolution Number 49-2016 and Resolution Number 50-2016. Councilmember Brownrigg made brief comments about items 8g and 8h. He discussed the signs next to City projects that explain what the project is for and how it is paid. He asked that the City of Burlingame consider adopting this suggestion as it would allow the community to know more about the projects that the City is undertaking. h. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO CRATUS, INC. FOR THE EL CAMINO REAL WATER MAIN IMPROVEMENTS, CITY PROJECT NO. 83510, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MACDONALD FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE PROJECT DPW Murtuza requested Council adopt Resolution Number 51-2016 and Resolution Number 52-2016. i. ADOPTION OF RESOLUTIONS INITIATING PROCEEDINGS FOR RENEWING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2016-17 DPW Murtuza requested Council adopt Resolution Number 53-2016, Resolution Number 54-2016 and Resolution Number 55-2016. j. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY ATTORNEY’S EMPLOYMENT AGREEMENT RO PROVIDE A SALARY INCREASE DPW Murtuza requested Council adopt Resolution Number 56-2016. k. REJECTION OF ALL BIDS AND AUTHORIZATION FOR STAFF TO RE-BID THE VILLAGE PARK PLAYGROUND RENOVATION – CITY PROJECT #84430 Parks and Recreation Director Glomstad asked Council to reject all bids for the Village Park Renovation Project and authorize staff to re-advertise the project to obtain new bids. Burlingame City Council June 6, 2016 Approved Minutes 4 l. RECOMMENDATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE GOLF CENTER Parks and Recreation Director Glomstad asked Council to allow staff to issue a Request for Proposals for the Golf Center site due to the impending expiration of the current agreement. m. CITY COMMENTS REGARDING GOVERNOR’S “BY RIGHT” HOUSING PROPOSALS Councilmember Colson stated that the Governor’s housing proposal allows developers to include a minimal amount of affordable housing in a project and in exchange bypass the community comment and review period. She stated that in a city like Burlingame, the community prides itself on its ability to provide feedback and input for projects occurring in the City limits. Accordingly, Councilmember Colson stated that she felt the Governor’s proposal harmed the transparency that the City tries to achieve. She thanked staff for drafting a letter that explained the City’s opposition to the proposal and let the community know that they could also write letters to the state legislature with their thoughts on the legislation. Councilmember Brownrigg stated he liked the letter but had a couple of suggestions for how to improve the letter. He stated that the following language should be added: “But indeed we believe that this proposal which is clearly meant to combat “nimbyism” as a perceived obstacle to additional housing projects will actually exacerbate community concern and make it much more difficult for Cities like ours to actually move forward with such ambitions. In other words, this proposal will be counterproductive to our goals of increasing the stock of affordable housing.” Councilmember Beach stated her agreement with her colleagues. She explained that it is important to not circumnavigate the process. She discussed the current project the City is considering of Lot F and N and if that should be included in the letter. CD Director Meeker stated that they could include this project. Mayor Keighran discussed the amendments that are currently being discussed for the general plan. She echoed the concern that the “by right” process would skirt the City’s transparency by not allowing the community to discuss housing projects. Mayor Keighran opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt the letter with suggested edits; seconded by Councilmember Colson. The motion passed unanimously by voice vote; 4-0-1. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 5, 2016 Finance Director Augustine requested Council adopt Resolution Number 57-2016. Finance Director Augustine presented the staff report discussing the proposed amendments to the Master Fee Schedule that would be effective starting July 5, 2016. She explained that staff with the help of consultants completed a cost allocation plan and user fee study. She stated that staff presented their recommended amendments to the Master Fee Schedule at the May 2nd City Council meeting. She stated that at the May 2nd Burlingame City Council June 6, 2016 Approved Minutes 5 meeting, Council voiced their concern that some of the fees were increasing by more than 100%. Accordingly, after the May 2nd meeting staff created a worksheet to explain the increases in fees and limited fee increases to a 100%. As well, she explained that staff acted on Council’s recommendation of adding more tiers to the fees associated with condo developments. Councilmember Colson asked if most City fees were paid in advance. Finance Director Augustine explained that most fees are paid in advance. Councilmember Colson stated that field usage fees were calculated at the end of the season and then the different organizations are billed. She stated that she would like field users to account for their residents and nonresidents at the beginning of the season and pay their fees upfront. She added that if at the end of the season there was a difference the City could roll over a credit or debit to the next season. City M anager Goldman stated that she would have this topic brought to the Parks and Recreation Commission to discuss and determine how best to bill field users. Mayor Keighran opened the item up for public hearing. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 57-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. b. ADOPTION OF THE 2015 URBAN WATER MANAGEMENT PLAN AND THE ASSOCIATED WATER SHORTAGE CONTINGENCY PLAN FOR THE CITY OF BURLINGAME DPW Murtuza requested Council adopt Resolution Number 58-2016. DPW Murtuza reviewed the staff report stating that the Urban Water Management Planning Act requires water suppliers to prepare or update their Urban Water Management Plans (“UWMP”) and submit a complete copy to the California Department of Water Resources every five years. Burlingame’s last UWMP was prepared in 2011, and therefore a revised UWMP is due by June 30, 2016. EKI’s Matt Zucca presented the highlights of the updated UWMP. He stated that the UWMP must include both the City of Burlingame and Burlingame Hills (which is unincorporated). He explained that after determining the area that the UWMP covers, EKI predicted the population and job size going forward to 2040. He stated that with this information, the UWMP was able to project the area’s water consumption levels. He also reviewed the City’s past usage of water. He stated that while population is seen as steadily increasing, the water consumption rates go up and down depending on the economy and droughts. Councilmember Brownrigg asked if the data was broken down by industrial, government, residential, etc. so that they would be able to monitor the effectiveness of some of the government’s conservation efforts. Mr. Zucca replied in the affirmative. He stated that the City had this data going back to the 1990s. Mr. Zucca reviewed the projected water demands. He began by explaining the term passive conservation, stating that this is when people replace their appliances with new energy and water efficient appliances. He stated that this has helped the City stay below its supply guarantee from San Francisco of 1,909 MGY. Burlingame City Council June 6, 2016 Approved Minutes 6 Councilmember Brownrigg asked if the term “water demand” only referred to potable water. Mr. Zucca replied in the affirmative. Mr. Zucca continued by explaining that the UWMP must document water to lower income households. He stated that lower income is defined as 80% of the area’s median income. Accordingly, the housing element projected a need of 2,783 extremely and very low income units by 2020. He discussed the need to plan for projected single dry years versus multiple dry years. He explained that cities are required to develop a water shortage contingency plan (“WSCP”). The WSCP is considered a standalone document and can be modified by Council in the future without amending the UWMP. He explained that under the WSCP, the City is required to show five stages of actions (with increasing water reduction rates). He explained that each stage shows what restrictions and prohibitions will be applied to target different reduction rates. Councilmember Beach asked if the City can incorporate future industry and housing projects that staff are aware of in the UWMP so that the document has a longer shelf life. DPW Murtuza stated that in terms of ensuring the City gets enough water from San Francisco, staff has been working with San Francisco and BAWSCA to include upcoming projects. Mayor Keighran discussed the amendments to the General Plan and asked if there was a way to calculate what the City’s future needs would be for water. She stated that she felt this information should be included with the General Plan when they discuss rezoning. DPW Murtuza stated that currently the City is guaranteed 5.23 million gallons of water from San Francisco a day. He stated this guarantee is when the water levels are normal however this will decrease if levels drop. DPW Murtuza said technically speaking the City could incorporate how the water supply would handle rezones. Mayor Keighran opened up the public hearing. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 58-2016; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 4-0-1. c. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONE CODE) RELATED TO COVERED PORCH FLOOR AREA RATION (FAR) EXEMPTIONS At the beginning of this item, Councilmember Colson recused herself. She stated that she currently had a project under review in Community Development that included a porch, and therefore she stated that it was best that she recuse herself from this public hearing. CDD Meeker presented the staff report introducing an Ordinance to amend Title 25 of the Burlingame Municipal Code related to covered porch floor area ratio exemptions. He explained that at the May 16, 2016 City Council meeting, Council discussed the proposed ordinance that would amend the floor area exemption for covered porch floors from 100 feet to 200 feet. He reviewed Council’s concern that the exemption should only apply to street facing porches and not porches located on the rear of the building. Accordingly, the proposed ordinance was amended so that it reads: “Covered porches or decks on the first floor totaling two hundred (200) square feet or less, which face a street and are not located on the rear of the dwelling.” Mayor Keighran asked City Clerk Hassel-Shearer to read the title of the Ordinance. Burlingame City Council June 6, 2016 Approved Minutes 7 Councilmember Brownrigg made a motion to waive further reading and introduce the Ordinance; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 3-0-2 (Councilmember Colson had recused herself from this item and Vice Mayor Ortiz was absent). Mayor Keighran opened the public hearing. No one spoke. Mayor Keighran directed the City Clerk to post a notice at least five days before the proposed adoption. 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES City Manager Goldman asked that the Council make an appointment to fill two vacancies on the Library Board of Trustees. She reminded the Council that they conducted interviews with Lisa Rosenthal, Elisabeth Ostrow, Leonard Heymann and Andrew Blanco on May 23rd for three year appointments, ending on June 30, 2019. The Council voted to appoint Lisa Rosenthal and Andrew Blanco to the Library Board of Trustees. b. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2016-17 Finance Director Augustine requested Council adopt Resolution Number 59-2016. Finance Director Augustine presented the staff report requesting Council’s approval of the allocation of funding for community service organizations for fiscal year 2016-17. She explained that each Councilmember was given a tabulation worksheet in order to make individual funding recommendations. The results were then tabulated resulting in the distribution of $45,000 between 20 organizations. Mayor Keighran opened the item up for public comment. No one spoke. Mayor Keighran stated that Council had decided at their last meeting there would be an additional one-time funding to organizations whose focus was on the area’s housing needs. She asked when this item would be brought to the Council. City Manager Goldman stated that it would be on the June 20, 2016 Meeting Agenda. Councilmember Beach discussed the fact that when she made her funding recommendations that she took into consideration that a one-time additional payment funding of $45,000 would be given to organizations whose focus is on the housing needs of the community. Councilmember Colson made a motion to adopt Resolution Number 59-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. c. ADOPTION OF RESOLUTIONS APPROVING THE REVISED MEMORANDUM OF UNDERSTANDING WITH CALTRANS RELATIVE TO THE EL CAMINO REAL AND FLORIBUNDA INTERSECTION, AND APPROVING PROFESSIONAL SERVICES AGREEMENTS FOR THE MANAGEMENT AND FACILITATION OF THE EL CAMINO REAL TASK FORCE PROCESS Burlingame City Council June 6, 2016 Approved Minutes 8 DPW Murtuza requested Council adopt Resolution Number 60-2016 and Resolution Number 61-2016. DPW Murtuza presented the staff report requesting Council approve the revised memorandum of understanding with Caltrans relative to the El Camino Real and Floribunda Intersection, and approving Professional Services Agreements for the management and facilitation of the El Camino Real Task Force Process. He explained that the “No Left Turn” signage was installed on El Camino Real for southbound travel through the Floribunda Intersection. He stated that Caltrans has set up a process to measure the successfulness of the signs. DPW Murtuza explained that originally the Memorandum of Understanding stated that the pilot project would be for 36 months. However, when the MOU was forwarded to Caltrans Headquarters in Sacramento, they expressed concern that the 36 month period would extend beyond the timeline of the current program funding. Accordingly, Caltrans proposed to reduce the duration of the pilot study to 18 months. He stated that there were also minor clarifications as to the scope of work for the El Camino Real (“ECR”) Task Force. DPW Murtuza stated that staff identified community members who are willing to serve on the ECR Task Force. As well, staff negotiated with the consulting team of Hathaway Associates and Placeworks to manage and facilitate the ECR Task Force. He explained that the key objectives of the ECR Task Force are to review and recommend potential solutions that would retain the character of ECR and improve public health, safety, and infrastructure along ECR. He stated that the consultant recommended that the ECR Task Force focus on just two blocks of ECR as a pilot project. Accordingly, the task force, staff, Caltrans and Councilmembers Brownrigg and Beach walked ECR and identified the stretch of the ECR between Sanchez Avenue and Fairfield Drive as the focus of the pilot project. Mayor Keighran stated that she had thought that a member of the police department was going to be included in the ECR Task Force. DPW Murtuza replied that the police department would be brought in as needed. Mayor Keighran asked about the monitoring of the left turn prohibition. She asked if both the state and the city would receive the results of the pilot project. DPW Murtuza stated that it was discussed that this information would be brought to Council. Councilmember Colson asked if the people on the Community group were all residents of Burlingame. DPW Murtuza replied in the affirmative. Councilmember Beach asked if DPW Murtuza felt that 18 months was enough time to complete the study. DPW Murtuza replied that he would like 36 months but that Caltrans said they could only give 18 months. Councilmember Beach asked if the west side of ECR would be reviewed as well. DPW Murtuza stated that at this time, staff and consultants advised him to only focus on a small area and that eventually they will review other areas. Mayor Keighran opened up the item for public comment. Burlingame resident Jennifer Pfaff discussed an error in the MOU that discusses 4 mature elms that are really 4 mature eucalyptuses and 1 small elm. Burlingame City Council June 6, 2016 Approved Minutes 9 Councilmember Brownrigg made a motion to adopt Resolution Number 60-2016 relating to the MOU with the stipulation that for the City’s records it is believed that the description of the trees should be “4 mature eucalyptuses and 1 small elm” and not “4 mature elms”; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. Councilmember Beach made a motion to adopt Resolution Number 61-2016 relating to the professional services agreement; seconded by Councilmember Brownrigg. The motion passed unanimously by voice vote, 4-0-1. Councilmember Brownrigg made a motion to approve the members of the Community Group for the ECR Task Force which includes: Jennifer Pfaff, Bobbi Benson, Michael Weibracht, Ed Neizman, Gaird Schlesinger, Howard Wettan and Richard Kirchner; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 4-0-1. d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH PACIFIC WEST COMMUNITIES, INC. FOR BURLINGAME CITY PARKING LOTS F AND N City Attorney Kane requested Council adopt Resolution Number 62-2016. City Attorney Kane presented the staff report requesting Council authorize the City Manager to execute a disposition and development agreement (“DDA”) with Pacific West Communities, Inc. for Burlingame City Parking Lots F and N. She briefly reviewed the history of the project. She explained that in 2014 staff issued a request for proposals seeking qualified developers interested in creating affordable housing and enhanced parking facilities on City Parking Lots F and N. Pacific West Communities was identified as the preferred company to work with on this project. Then during the April 4, 2016 City Council meeting, Council entered into an exclusive negotiating agreement with Pacific West Communities. City Attorney Kane explained that usually the next step after entering into an exclusive negotiating agreement is not a disposition and development agreement. She stated that usually the City and developer would next discus the exact mechanism of transfer – ground lease versus sale, the value of the lots and determines the appropriate review under CEQA. However, Housing and Urban Development (“HUD”) has cut off a key funding stream for affordable housing in this area as of June 15, 2016. Accordingly, in light of this move, it is essential that the developer have the DDA prior to June 15, 2016. She explained that while this was not the usual timeline, that the DDA does provide a framework for milestones and commitments by both the developer and the City to move the project toward approval, modification or denial in a timely manner. She reviewed the fact that an appropriate review under CEQA would still need to be done. Councilmember Colson asked how the Governor’s By-Right housing proposal fits in with this project. City Attorney Kane stated that the things the developer is agreeing to in the DDA are by contract, which is independent of the Governor’s proposal. City Attorney Kane went on to explain that if there are things not covered in the DDA, this might have an impact on how some of the details are processed. City Attorney Kane emphasized that the title to the land is not transferred to the developer until all details and plans have been finalized. She stated that this acts as the final fail safe. Burlingame City Council June 6, 2016 Approved Minutes 10 Councilmember Brownrigg stated his support for the project. He asked that the downtown subcommittee be made available to this project. He stated that this request came from a concern about the timeline for the project and to ensure that the project is completed. City Attorney Kane stated that an advantage to the tight timeline is that the Council will know sooner rather than later if the project is feasible. Mayor Keighran opened up the item for public comment. Burlingame resident Jennifer Pfaff asked about the setbacks on the project and if there were protections on this matter. City Attorney Kane said she would look into this but that it was covered generally in the fact that the project has to comply with the City’s relevant zoning. Councilmember Brownrigg asked Pacific West Communities, Inc. about engaging the public. CEO Caleb Roope stated that regardless of if the Governor’s proposal passes, Pacific West Communities, Inc. likes to work with the local government and community. He stated that the company is committed to working with the community to ensure that all are happy with the project. Councilmember Colson stated that the Council is sensitive to the fact that the City is conveying public assets and it is important to ensure that the public is gaining a benefit. Councilmember Brownrigg made a motion to adopt Resolution Number 62-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 4-0-1. 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 There were no future agenda items. 13. ACKNOWLEDGEMENTS a. COMMISSION MEETING MINUTES: TRAFFIC, SAFETY AND PARKING COMMISSION – APRIL 14, 2016, LIBRARY BOARD OF TRUSTEES – APRIL 19, 2016 b. MAY, 2016 PERMIT ACTIVITY 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:11 p.m. in memory of Susan Klein. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk