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HomeMy WebLinkAboutMin - CC - 2016.05.02 Burlingame City Council May 2, 2016 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on May 2, 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 Sandy Comaroto. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION BY YOUTH ADVISORY COMMITTEE Recreation Coordinator Nicole Rath introduced the Youth Advisory Committee. Burlingame High School Student Leona Gomez discussed YAC’s role in advising the City Council as to the concerns of the youth in the community. Burlingame High School Student Edie Arteaga gave an overview of the recent work of YAC including the Valentine’s Day Dance for Senior Citizens Burlingame High School Student Emily Williams discussed their work with the Princess Project and the Mission Impastaable Fundraiser which raised a little under $1,900. Burlingame City Council May 2, 2016 Approved Minutes 2 Burlingame High School Student Josie Licavoili discussed the upcoming yoga de-stressor event. Mayor Keighran thanked the Youth Advisory Committee for all of their hardwork. b. PRESENTATION BY CITIZENS ENVIRONMENTAL COUNCIL OF “COOL CALIFORNIA CITY” AWARD Burlingame resident Jeff Londer presented the “Cool California City” award to the Council. He gave a brief history of the Citizen Environmental Council (“CEC”) and discussed CEC’s work including: monitoring Burlingame’s progress in implementing the Climate Action Plan and offering suggestions to the Council such as the installation of electric car charging stations. He explained that this year, CEC will be awarding a Burlingame High School senior with a college scholarship. Mr. Londer explained the Cool California Challenge stating that the goal of the challenge is to monitor and reduce household energy and water usage in a six month period. He stated that of the 22 participating cities, Burlingame finished third. Mr. Londer presented the Council with the third place trophy and the check for $16,281 that CEC received. He stated that the money would be used to fund green Burlingame projects. Councilmember Colson thanked Jeff Londer for personally bringing in the most points for the City. Mayor Keighran thanked the CEC for their hardwork and dedication to the City. c. PROCLAMATION FOR MAY AS BIKE MONTH Mayor Keighran presented Burlingame resident Laurie Simonson with the proclamation declaring May National Bike Month. Mayor Keighran explained that since 2000 the number of people nationwide using bicycles for daily commuting increased by 62%. As well, in San Mateo County, bicycle trips increased to 3.4% of all trips. She also stated that Burlingame’s support and participation in Bike Month aligns with the City of Burlingame’s goals to improve health, livability, prosperity and the environment. Laurie Simonson thanked the City Council for the proclamation and stated that she hoped to work with the City in creating the Bicycle and Pedestrian Advisory Committee. 7. PUBLIC COMMENTS Burlingame resident Jeff Londer spoke about Bike to Work Day on May 12th and Bike to Shop Day on May 21st. Jeff Londer also thanked Police Chief Wollman and Captain Matteucci for their work at the California Republican Convention. 8. CONSENT CALENDAR Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Councilmember Brownrigg pulled items 8d and 8e and Councilmember Beach pulled item 8f. Burlingame City Council May 2, 2016 Approved Minutes 3 Vice Mayor Ortiz made a motion to adopt item 8a (City Council Meeting Minutes of April 18, 2016); seconded by Councilmember Brownrigg. The motion was approved by voice vote, 4-0-1. Mayor Keighran recused herself from voting as she was not present at the April 18, 2016 meeting. Vice Mayor Ortiz made a motion to adopt items 8b, 8c, 8g and 8h; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. a. APPROVAL OF THE CITY COUNCIL MEETING MINUTES OF APRIL 18, 2016 CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of April 18, 2016. Vice Mayor Ortiz made a motion to adopt item 8a (City Council Meeting Minutes of April 18, 2016); seconded by Councilmember Brownrigg. The motion was approved by voice vote, 4-0-1. Mayor Keighran recused herself from voting as she was not present at the April 18, 2016 meeting. b. ADOPTION OF A RESOLUTION AND AN ORDINANCE RELATED TO AMENDMENTS TO CHAPTER 3 OF THE BURLINGAME DOWNTOWN SPECIFIC PLAN AND TITLE 25 OF BURLINGAME MUNICIPAL CODE (ZONING ORDINANCE) RELATED TO SETBACK REQUIREMENTS WITHIN THE BAYSWATER MIXED USE (BMU), MYRTLE MIXED USE (MMU), HOWARD MIXED USE (HMU) AND CALIFORNIA AUTO ROW (CAR) ZONING DISTRICTS, AND ADOPTION OF A RESOLUTION FINDING THAT IMPLEMENTATION OF THE AMENDMENTS WILL NOT RESULT IN AN ADVERSE IMPACT UPON THE ENVIRONMENT AS REPORTED IN NEGATIVE DECLARATION ND-555-P, PREPARED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CDD Meeker requested Council adopt Resolution Number 32-2016, Resolution Number 33-2016 and Ordinance Number 1927. c. APPROVAL OF A LETTER AUTHORIZING THE CITY’S PARTICIPATION IN THE PENINSULA SUNSHARES RESIDENTIAL SOLAR BULK PROCUREMENT PROGRAM COORDINATED BY THE BUSINESS COUNCIL ON CLIMATE CHANGE Sustainability Coordinator Michael requested Council’s approval of a letter authorizing the City’s participation in the Peninsula SunShares residential solar bulk procurement program coordinated by the business council on climate change. d. SET PUBLIC HEARING DATE FOR AN APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF APPLICATIONS FOR A MITIGATED NEGATIVE DECLARATION AND COMMERCIAL DESIGN REVIEW FOR A NEW, FOUR-STORY OFFICE BUILDING AT 225 CALIFORNIA DRIVE CDD Meeker asked Council to set May 16, 2016 as the hearing date for an appeal of the Planning Commission’s approval of applications for a mitigated negative declaration and commercial design review for a new, four-story office building at 225 California Drive. Burlingame City Council May 2, 2016 Approved Minutes 4 Councilmember Brownrigg asked that staff make a recommendation on this matter at the May 16, 2016 public hearing because of how technical the Planning Commission’s decision was for the project at 225 California Drive. CDD Meeker replied in the affirmative. Councilmember Brownrigg made a motion to set the hearing for May 16, 2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 5-0. e. ADOPTION OF A RESOLUTION APPROVING A COMPREHENSIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE CALTRAIN ELECTRIFICATION PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 34-2016. Mayor Keighran stated her concern for the protection of the trees on the Caltrain Corridor during the project. She asked for a breakdown of the assessment of the trees and what happens if the trees are damaged, and which City employee would be responsible for work with Caltrain on this matter. DPW Murtuza stated that the final EIR identified the potential impacts of the project on the surrounding trees. Initially it was determined that 86 trees could be impacted however that number has significantly decreased. He explained that Caltrain, City Arborist Disco and himself would work together to replace any trees if necessary. Casey Fromson, a Caltrain representative, stated that the number of trees that could be impacted is 38. Mayor Keighran asked how much night-time construction would occur and if there was a way to minimize night-time construction. Ms. Fromson replied that Caltrain understood the concerns of the community and that they will be alerting the community well in advance of any night-time construction. She stated that the work would be done quickly. Accordingly, Caltrain does not expect nighttime construction to impact any particular area for a long period of time. Councilmember Beach asked that Caltrain coordinate its construction communication with the City Manager so that it can be put into the weekly e-newsletter. Councilmember Colson asked about Caltrain reimbursing the City for the time City staff spend working on this project. DPW Murtuza stated that Caltrain will be paying the City $34,000 in advance to cover staff costs. If the costs exceed $34,000, staff will notify Caltrain to obtain additional funds. Councilmember Brownrigg asked about the hours when night-time construction will occur. Casey explained that Caltrain may be able to do some of the work during non-peak hours in the daytime. However, she explained that it all depends on the type of work that will be done. Mayor Keighran opened the item up to the public. No one spoke. Burlingame City Council May 2, 2016 Approved Minutes 5 Councilmember Brownrigg made a motion to adopt Resolution Number 34-2016; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 5-0. f. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ALTA PLANNING + DESIGN FOR ENGINEERING SERVICES RELATED TO THE CALIFORNIA DRIVE BICYCLE FACILITY FEASIBILITY STUDY PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 35-2016. Councilmember Beach stated that she was delighted to see this project begin. She asked if there was a sense of when the community outreach meetings would occur. DPW Murtuza replied that it should happen in the next month or two. Mayor Keighran opened up the item for public comment. Burlingame resident Manito Velasco spoke about his concern for the safety of bicyclists on California Drive. He stated that the study belies the urgency of improving California Drive for pedestrians and bicyclists. Mayor Keighran asked if the reason behind conducting a feasibility study was to understand all the options the City has in order to better utilize California Drive. DPW Murtuza replied in the affirmative. He explained that the feasibility study will look at what short and long term improvements the City can undertake to improve pedestrian and bicyclist safety on California Drive. Mayor Keighran stated that this approach will allow the Council to prioritize improvements on California Drive. DPW Murtuza replied in the affirmative. Vice Mayor Ortiz made a motion to adopt Resolution Number 35-2016; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0. g. ADOPTION OF A RESOLUTION ACCEPTING THE 2015 STREET RESURFACING PROJECT BY INTERSTATE GRADING & PAVING, INC., CITY PROJECT NO. 84160 DPW Murtuza requested Council adopt Resolution Number 36-2016. h. QUARTERLY INVESTMENT REPORT, PERIOD ENDING MARCH 31, 2016 Finance Director Augustine requested Council adopt the Quarterly Investment Report, period ending March 31, 2016. 9. PUBLIC HEARINGS There were no public hearings. Burlingame City Council May 2, 2016 Approved Minutes 6 10. STAFF REPORTS AND COMMUNICATIONS a. AUTHORIZE THE CITY MANAGER TO SEND A LETTER TO THE STATE LANDS COMMISSION CONDITIONALLY WITHDRAWING THE CITY’S APPLICATION FOR THE STATE LANDS COMMISSION PARCEL ON THE BAYFRONT WHILE THE CITY NEGOTIATES WITH H&Q ASIA PACIFIC FOR A HOTEL/PARK PROJECT ON THE SITE City Manager Goldman presented the staff report requesting Council to authorize the City Manager to send a letter to the State Lands Commission (“SLC”) conditionally withdrawing the City’s application for the SLC parcel on the Bayfront while the City negotiates with H&Q Asia Pacific for a hotel/park project on the site. She reviewed the history of the SLC parcel, stating that for several years the City had worked to secure a lease for the 8.81 acres of Bayfront property in order to build a park. City Manager Goldman reviewed Council’s plans for the park calling it a “Big Grassy Area”. She explained that the City wanted it as a large open space with picnic tables, similar to Crissy Field. She stated that over a year ago, the City was informed by SLC that it received applications from hotels interested in the Bayfront parcel. City Manager Goldman explained that Council then discussed whether it wanted to pursue a park or hotel project for this land. Council determined that a park was in the best interest of the City. Accordingly, the City finished its application and circulated its Mitigated Negative Declaration, at which point the SLC deemed the City’s application complete. City Manager Goldman explained that separately H&Q Asia Pacific submitted an application to SLC to build a hotel and significant sized park on the property. She went on to explain that if the City was to build a park at the Bayfront, SLC would most likely grant the City a 30 year lease and that the City would spend roughly $5.6 million to develop the park. Therefore, City Manager Goldman explained that given the short timeframe for the lease, the cost of development and the City’s decision to turf Murray Field, the City is considering fostering a relationship with H&Q Asia Pacific to develop a park on a portion of the parcel. In order to move forward with H&Q Asia Pacific, the City would need to withdraw its application from consideration. Accordingly, the City Manager explained that she has drafted a letter withdrawing the City’s application but acknowledging the City’s expectations that if the H&Q Asia Pacific partnership falters that the City expects to regain its place in the queue. Councilmember Brownrigg stated that in the letter since the State Lands Commission advised the City that it could get its place back in queue that this should be included in the letter. Vice Mayor Ortiz expressed his disappoint that the City was unable to get a lease for a longer period of time from the State Lands Commission. Mayor Keighran opened the item for public comment. No one spoke. Councilmember Colson made a motion to authorize the City Manager to execute the letter with the change requested by Councilmember Brownrigg; seconded by Vice Mayor Ortiz. The motion passed unanimously by voice vote, 5-0. Burlingame City Council May 2, 2016 Approved Minutes 7 b. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME MASTER FEE SCHEDULE EFFECTIVE JULY 1, 2016; AND SET THE PUBLIC HEARING FOR SUCH AMENDMENT FOR JUNE 6, 2016 Finance Director Augustine presented the staff report concerning the amendments to the City of Burlingame’s Master Fee Schedule. She explained that 10% of the City’s revenue is derived from service fees. However, she explained that a majority of the fees charged for City services (many of which are discretionary) do not cover the cost of the services provided. She stated that the remaining cost of the service is born out of the general fund. Finance Director Augustine stated that when setting fees the City tries to balance the level of general fund support for services with the level of public benefit the service provides the community. She explained that there are three basic types of public fees for service: (1) User Fees are fees where the user receives some or all of the benefit such as recreation fees and park/facility rental; (2) Regulatory Fees where the “driver” of the need for service pays most or all of the costs such as planning review and building permits; and (3) Fines and Penalties which are not voluntary and are enforced to discourage illegal or undesirable activities. Finance Director Augustine explained the following standards for cost recovery: (1) there must be a formal policy of the City regarding charges and fees; (2) the City must undertake a calculation of the full costs of services in order to establish a basis for setting fees; (3) periodic fee review and update; and (4) an explanation of fees and factors considered. She explained that in setting fees staff took into consideration if the services benefited an individual versus the community, the effect of fees on service use, feasibility of collecting, discounted rates, cost allocation plan and compare fees of neighboring cities. Vice Mayor Ortiz asked about the changes in Engineering fees such as water main modification from $1,644 to $5,400 and lot line adjustment from $727 to $2,525. He asked why the City was either charging so little before or charging so much now. Finance Director Augustine stated that in the study of the final costs of services it was determined that the cost was significantly more than what was previously thought. Accordingly, the fees were increased in order to obtain a higher percentage of cost recovery. Mayor Keighran questioned the fee increases in Building, Engineering and Planning. She stated that her concern was that the City could lose business because of the increase in cost. She gave the example of the condominium permit where 4 units or less cost $4,475 and five units or more cost $5,950. She was concerned that someone building condominiums with 16 units is paying the same amount as someone building 5 units. CDD Meeker agreed with Mayor Keighran’s point and stated that there was room to make additional tiers for larger projects. Mayor Keighran commented on the environmental negative declaration fee stating that this fee should be tiered as well. Attorney Kane stated that environmental negative declarations are determined by certain legal factors that are the same regardless of the size of the project. Accordingly, she explained that the same amount of work would be necessary regardless of the size of the project. Mayor Keighran stated her understanding but also stated that the growth of the fee was too large. Mayor Keighran asked how the City’s fees compared to neighboring cities. CDD Meeker stated that historically, the City fees are comparable if not significantly lower than neighboring cities. Burlingame City Council May 2, 2016 Approved Minutes 8 Mayor Keighran asked the Police Department about the increases in the cost of audiotape fees. Captain Matteucci explained that the Police no longer use audiotapes and instead use CDs or drives. He explained that the technology is more expensive. City Attorney Kane added that all police records have to be reviewed by Police’s record manager and the City Attorney before being released. Mayor Keighran asked about the $50 fee for curb painting investigation. Captain Matteucci explained that this covers background checks on the companies hired. Mayor Keighran asked about the permitting for taxicabs. Captain Matteucci stated that the permitting is based on the individual coming forward and requesting a permit or being cited for not having a permit. He explained that the Traffic Unit does taxi stings to ensure that taxis operating in Burlingame are permitted. Councilmember Beach asked about the 55% cost recovery rate. She asked if there were any best practice for cost recovery rates. Finance Director Augustine stated that it is impossible to generalize as each jurisdiction is different on how it values its services. City Manager Goldman stated that it is a philosophical question on how the City wants to spend its general funds. Councilmember Beach stated that Mayor Keighran had a good point where the proposed fee is doubling or tripling maybe a phase in approach would be best. Finance Director Augustine stated even with the doubling or tripling of fees, the City’s cost recovery rate would remain at 55%. Mayor Keighran stated that she would be interested in the recommendations of the Department Heads on the increase in fees. Finance Director Augustine responded that their recommendations are the basis of the amended Master Fee Schedule. Councilmember Colson expressed her belief that Burlingame’s quality of service and the efficiency and speed of staff in completing projects is exceptionally high. However, she thought that while fees should be increased, that the tripling of fees was too much. Councilmember Colson asked about the fees for renting fields from Parks and Recreation. She stated that there were different rates for renting fields depending on the type of user. Councilmember Colson expressed her concern that some non-profit organizations had large budgets and should not be able to rent fields at significantly lower rates based on their non-profit status. Attorney Kane stated that if a group is defined as a non-profit organization, that the City is unable to differentiate between the levels of funding of non-profit organizations. However, she stated that Council could redefine the user groups using different criteria. Attorney Kane stated that Council would need to keep in mind that it would be up to Parks and Recreation staff to be able to easily identify which category a group belonged in. Councilmember Brownrigg stated that he supported the Master Fee Schedule and that 55% cost recovery seemed low. Accordingly, he agreed with staff’s recommendations to increase rates. Vice Mayor Ortiz stated he agreed with most of the fees but that he didn’t think that fees should increase by 300%. He stated that these fee increases should be phased in and that fee increases should be limited to 80- 100% annually. Burlingame City Council May 2, 2016 Approved Minutes 9 Mayor Keighran agreed with the Vice Mayor Ortiz that fee increases should be limited and planning fees should be tiered. Finance Director Augustine explained the next steps stating that staff would incorporate Council’s feedback into the Master Fee Schedule and bring the report back to Council early in the next fiscal year. Mayor Keighran asked if it would be helpful for Councilmembers to email specific concerns they have on the Master Fee Schedule to staff. Finance Director Augustine replied in the affirmative. Mayor Keighran opened the item up for public comment. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 37-2016; seconded by Vice Mayor Ortiz. 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 Mayor Keighran asked that staff look into prohibiting construction on holidays and Sundays. The Council agreed that this should be discussed. As well, Mayor Keighran asked that staff look at redefining the hours that garbage cans can be on the street/sidewalk in commercial areas. The Council agreed that this should be discussed. Councilmember Brownrigg asked that the City consider giving larger allocations to organizations that work to improve housing issues/displacement on the Peninsula. It was determined that this could be a separate discussion at the Budget Study Session on May 11. 13. ACKNOWLEDGEMENTS a. COMMISSION MEETING MINUTES: MARCH 10, 2016 TRAFFIC, SAFETY & PARKING COMMISSION 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:02 p.m. in acknowledgement of Tony Robbins and the hardwork of the Burlingame Police Department during the California Republican Convention. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk