HomeMy Public PortalAbout2020-07-14 Item 3a MILLBRAE CITY COUNCIL
MINUTES - DRAFT
City of Millbrae Mission Statement: “Enhancing the quality of life in our shared community, providing great services, encouraging
community engagement, fostering economic growth, and embracing cultural diversity in a safe environment.”
June 9, 2020
Per Governor Gavin Newsom's Executive Order N-29-20 and the March 16, 2020 Order of the Health Officer of
San Mateo County Directing All Individuals Living in the County to Shelter at Their Place of Residence, the
Governor has allowed local legislative bodies to hold public meetings via teleconference and to make public
meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe
and to address the local legislative body or state body to avoid public gatherings, and has suspended all contrary
provisions of the Brown Act. THIS MEETING WILL BE VIA VIDEO CONFERENCE ONLY and can be
watched in real-time on the Millbrae Community Television Cable Channel 27 or on www.mctv.tv .
The City has established a temporary email address residents can use to email comments for public
communication or for agenda items. Any public comments sent before 7:00 p.m. to this email will be read aloud
during the City Council meeting. Please indicate the agenda item to which your comment is directed. The email
address is: Millbraecouncilmeetings@ci.millbrae.ca.us
The City Clerk shall read all email comments, provided that the reading shall not exceed three (3) minutes, or
such other time as the Council may provide, consistent with the time limit for speakers at a Council meeting. The
email comments submitted shall become part of the record of the Council meeting.
CALL TO ORDER MILLBRAE CITY COUNCIL
Mayor Holober called the meeting to order at 7:08 p.m.
ROLL CALL: Mayor Reuben D. Holober, Vice Mayor Ann Schneider, Councilmembers Anne Oliva,
Gina Papan, and Wayne J. Lee.
PLEDGE OF ALLEGIANCE TO THE U.S. FLAG
1. CEREMONIAL/PRESENTATION
Proclamation Condemning Murder of George Floyd
Recognition of the Month of June 2020 as Pride Month
Commendation to Outgoing Millbrae School District Superintendent Vahn Phayprasert
Mayor Holober summarized the Proclamations and Commendation.
Councilmember Lee stated that racism has been around for years, and this is a long time coming. He
encouraged everyone to self-reflect about racism. There are a few bad apples in the police out there, and
they need to be educated.
Vice Mayor Schneider noted that this Saturday there will be a vigil at Central Park, it is family friendly
and peaceful and they will follow social distancing guidelines. City Manager Williams clarified for the
record that this is not a City sponsored event due to shelter in place order. Volunteers will be present and
working with the Sheriff’s office to coordinate safety.
Councilmember Papan stated that the Council has been united in the efforts brought about by this tragedy
and have come together for justice, equity, and compassion. The Council came together this morning and
took a knee.
CITY COUNCIL June 9, 2020
2
Councilmember Oliva stated that the senseless death of George Floyd is very tragic, and she sends her
sympathies to his family. She thanked the Council for coming together today.
Begin public comment.
Amy L, stands for racial justice and will vote with her tax dollars to expand education of Black history
and racism in the USA in our school; will vote to eliminate participation of Police PAC money in any
campaigns; and support reforms that eliminate police extreme force and violence.
Nathan Chan, noted that two years ago Chinedu Okobi was killed by San Mateo County Sheriff’s Deputies
in Millbrae. If Millbrae condemns George Floyd’s murder it should also condemn the killing of Chinedu
Okobi. If our City does not want repeats of either tragedy to occur here, we need to pass laws and
ordinances with the goal of making that impossible.
Steven Green, would like to see the City coordinate with San Carlos, Half Moon Bay, Portola Valley,
Woodside, and the San Mateo County Board of Supervisors in demanding further revisions to the San
Mateo County Sheriff’s training and use of force policies to bring them into line with those advocated for
by the ACLU.
Anders Fung, stated that in the wake of the killing of George Floyd, Millbrae neighbors have organized a
Black Lives Matter event to bring our town together. The peaceful event is on Saturday, June 13, 2020 .
Social distancing will be practiced along with the proper face coverings being worn at all times.
End of public comment.
Giuliana Garcia, San Mateo County LGBTQ Commission, accepted the Pride Month Proclamation and
thanked the City Council for the proclamation.
The Mayor and Councilmembers thanked Superintendent Phayprasert for all of his hard work these past
12 years and wished him well in his future endeavors.
Superintendent Phayprasert, thanked the City Council for their support and tonight’s recognition.
School Board President Musa and Trustee Ferrario, thanked Superintendent Phayprasert for his service to
the Millbrae School District and wished him well.
Superintendent Phayprasert, thanked the School Board Trustees for their comments.
2. AGENDA OVERVIEW/STAFF BRIEFING
Calendar of Events
Report of Bills and Claims
City Manager Williams reviewed the agenda items and updated the Council on the following:
Updated on the COVID-19 statistics;
The shelter in place order was updated to allow summer camp and Millbrae summer camp starts
on June 15th;
Updated on nursing care facility health protocols.
CITY COUNCIL June 9, 2020
3
3. APPROVAL OF MINUTES
Regular Meeting of May 12, 2020
Regular Meeting of May 26, 2020
Upon a motion/second by Schneider/Lee, the minutes for the regular meeting of May 12, 2020 and the
regular meeting of May 26, 2020 were unanimously approved.
4. ORAL REPORT FROM CITY COMMITTEE/COMMISSION CHAIRS
NONE
PUBLIC COMMUNICATION
Justin Lui, Millbrae resident, reported dumping of trash and furniture in the open lot at the intersection of
Aviador and Hillcrest. He asked the City to look into adding a security camera to help prevent the
dumping.
Lou Sandrini, commented on the delay of his Public Records Act request and that there is no valid
Executive Order or record act reason for the delay. The reply is late and unresponsive to request.
Marge Colapietro, commented that developers pay the bills for their projects and requested that Council
direct the City Manager hire one or two project managers to focus on the Calvano Development and the
Anton Developers/El Rancho development.
Councilmember Papan requested that the Sandrini issue be placed on a future agenda. She also requested
an update on approved and future potential developments.
Councilmember Oliva suggested a subcommittee to look at updates of future potential developments.
CONSENT CALENDAR
Councilmember Papan requested that item 7 be pulled for comment.
5. Resolution No. 20-34 of the Millbrae City Council Establishing the Appropriations Limit for Fiscal
Year 2020 – 2021
6. Ordinance No. 777 Adding Article XXXI “Development Impact Fees” to Title 10 Chapter 10.05
of the Millbrae Municipal Code
Waive 2nd Reading
Adopt Ordinance
8. Reappointments to City Commissions and Committees
9. Consider Approval of an Urgency Ordinance No. 779 Extending Moratorium on Eviction for Non-
Payment of Rent by Small Commercial Tenants Impacted by the COVID-19 Pandemic
Upon a motion/second by Lee/Oliva, Consent Calendar items 5, 6, 8, and 9 were unanimously approved.
7. Resolution Authorizing the City Manager to Execute the Amendment to the Agreement with the
County of San Mateo for Animal Control Services to Extend the Agreement for One Year
CITY COUNCIL June 9, 2020
4
Administrative Services Director/City Clerk Louis presented the report.
Councilmember Papan stated that there are innate problems with how the Peninsula Humane Society treats
their staff. The lack of air-conditioned vans for transporting the animals and they have an Executive
Director that is paid over $400,000. What percentage of the contract is being spent validly on the
employees who are underpaid and the safety and security of the animals. What are we paying for and what
is the County paying for? I am not sure how we proceed from here but there are issues here that have been
going on for years and I do not know how we send a message to the County.
Administrative Services Director/City Clerk Louis stated the County had provided some additional
information and that they are releasing a Request for Proposals (RFP) in the fall and after that there would
be a new contract that would try and include language that would exclude the salary of the President of
the Humane Society but this is under negotiation.
Vice Mayor Schneider stated that several years ago she went down and walked the picket line with several
of the Humane Society employees about the working conditions they were under. At that time employees
need to pay for their own equipment and, animal control officers needed to have bullet proof vests, as they
enter private homes and deal with the animal owners. The Humane Society is now covering the cost of
personal protective equipment (PPE), and this is not masks, but bullet proof vests and other equipment to
keep them safe from humans and animals. She agreed with Councilmember Papan’s comments and would
like to see that all employees are getting a living wage in the new contract or RFP.
Mayor Holober inquired if there is a deadline for approving the amendment. Administrative Services
Director/City Clerk Louis stated that the amendment will go before the Board of Supervisors on June 18th.
Councilmember Oliva inquired what would happen if we did not pass this tonight. Administrative Services
Director/City Clerk Louis stated that she would need to review the agreement, but the City would still be
on the hook to pay for its costs. Councilmember Oliva inquired if we do not sign this, we would still get
services and still need to pay?
Assistant City Attorney Conneran, noted that we would need to look at this and he does not have the
contract in front of him. He stated that if we do not sign, it would put us in an awkward position because
we will not have the option to receive the services.
Councilmember Oliva inquired how do we make them feel awkward, especially after listening to the other
two Councilmembers. Assistant City Attorney Conneran stated that they could write a letter. City Manager
Williams stated that the County has identified significant shortcomings with the current agreement, and
they are preparing and releasing an RFP this fall. If we do not sign the contract will not be receiv ing
services. The issues are with the management and not with the employees that deliver the service.
Begin public comment.
Mike Lagomarsino, President of Teamsters Local 856, asked that the Council does not approve this
amendment until there is sufficient time for public comment.
End of public comment.
Mayor Holober noted that these are issues with Peninsula Humane Society management. Instead of
holding up this contract, the concerns should be communicated with the County through the RFP process;
not signing would make us look bad and not a team player.
CITY COUNCIL June 9, 2020
5
Councilmember Papan requested that the issues brought up be formalized in letter from the Council clearly
stating our objections
Vice Mayor Schneider noted that the animal licensing is handled by a company outside of California and
would like to see them use a California company.
Upon a motion/second by Holober/Schneider, the resolution authorizing the City Manager to Execute the
Amendment to the Agreement with the County of San Mateo for Animal Control Services to extend the
agreement for one year failed with the following vote: Mayor Holober and Vice Mayor Schneider
affirming, Councilmembers Lee and Oliva dissenting, and Councilmember Papan abstaining.
Mayor Holober appointed Councilmembers Oliva and Papan as the ad hoc committee to write a letter to
the Board of Supervisors by next week. Letter would come from the two subcommittee members and not
on behalf of the Council.
PUBLIC HEARING
10. Resolution Adopting Development Impact Fees for General Government Facilities, Recreation
Facilities, Public Safety, Park Acquisition and Facilities, and Mobility Infrastructure
Mayor Holober opened the public hearing.
Interim Community Development Director Lim presented the report. At the May 26th Council meeting,
staff provided an overview of AB 1600. Earlier tonight, the council waived the 2nd reading and adopted
an ordinance adding Development Impact Fees to the Millbrae Municipal Code; the ordinance goes into
effect in 30 days, and the resolution adopting the fees will go into effect in 60 days.
Councilmember Lee thanked staff for putting this together. Looking at the future we need to build a
foundation for economic recovery. We need to look at incentivizing the building of hotels, commercial,
and office space; keep the rates, but if we put more money into affordable housing, we can offset some of
the fees.
Mayor Holober stated that this is something we could look at in the development agreement.
City Manager Williams stated that the resolution provides for the negotiation of fees. These fees are for
developments to pay for their fair share, and are for those projects that do not provide the infrastructure.
Mayor Holober stated that this is more of a policy decision and can be looked at through zoning and not
done through the fees.
City Manager Williams stated that the ordinance allows for flexibility to do this.
Mayor Holober stated that he would like to see and encourage more commercial development.
Councilmember Oliva agreed with the comments made by Councilmember Lee.
Vice Mayor Schneider stated that she spoke at Senator Hill’s housing meeting last week; we need to build
housing, but we also need a healthy mix of commercial development as well.
CITY COUNCIL June 9, 2020
6
Councilmember Papan agreed with Councilmember Lee’s comments that we are heavy on housing and
need to increase our commercial development. We need to be very clear on our zoning and maintaining
our commercial aspect. She also stated that she would like to see a design review committee.
Begin public comment.
Tram Nguyen, the fees proposed are above our neighboring municipalities and amongst the highest on the
Peninsula. Asked the Council to delay voting until there has been time to vet this issue with respect to
COVID-19.
Dennis Martin, BIA Bay Area, very concerned by the spiraling cost of development and construction,
including impact fees assessed by government. Affordable housing requirements, park fees, traffic fees,
facility fees, sewer and water fees, school feet, etc. all add tens of thousands of dollars to the cost to build
a new home, pricing thousands of California families out of the market each day. Rising impact fees must
be administered more judiciously.
End of public comment.
City Manager Williams stated that the rates we have are not the highest and other cities are studying their
fees as well; the fees are fair. Developers have a choice; they can build the infrastructure, or they can pay
the fees.
Interim Community Development Director Lim stated that a typical administrative fee is between 3-5%,
and our impact fees, are closer to 6% not 18%.
Upon a motion/second by Schneider/Lee the public hearing was closed.
Upon a motion/second by Schneider/Lee the Council unanimously approved Resolution No. 20-35
adopting Development Impact Fees for General Government Facilities, Recreation Facilities, Public
Safety, Park Acquisition and Facilities, and Mobility Infrastructure
EXISTING BUSINESS
11. Resolution of the Millbrae City Council Appropriating Operating and Capital Budgets for Fiscal
Year 2020 – 2021
Interim Finance Director Boyd presented the report. When we looked at the budget, we looked at
assumptions of sales tax and Transient Occupancy Tax (TOT), being lower than the prior fiscal year. We
have been cautious about expenditures with a purchasing freeze and implemented a hiring freeze. Staff is
proposing cost containment measures because we do not know how long the impact to budget will last.
We are taking a three month pause on the budget and will bring updates to Council on a quarterly basis.
Mayor Holober inquired if there were savings through attrition. Interim Finance Director Boyd stated that
unfilled positions have been removed and we are not budgeting for these positions for the fiscal year.
Vice Mayor Schneider stated that San Francisco International Airport is only at 3% capacity and has gone
up to 5%. This may be a good time to look at attract customersing to hotels and figure out how we can
capitalize on this.
CITY COUNCIL June 9, 2020
7
Mayor Holober stated that TOT is collected once a month and we should keep an eye on this. Interim
Finance Director Boyd stated that we will continue to monitor and hopefully this will improve
No public comment for this item.
Upon a motion/second by Lee/Schneider, the Council unanimously adopted Resolution No. 20-36
appropriating Operating and Capital Budgets for Fiscal Year 2020 -2021
NEW BUSINESS
12. Urgency Ordinance of the City of Millbrae Regarding Use of City Property for Outdoor Dining
Economic Development and Housing Project Manager Tierney presented the report. We are trying to find
mechanisms to assist restaurants any way we can. These are interim measures for outdoor dining during
the shelter in place. The City has public space that it can provide for this use. Staff asked the Economic
Vitality Advisory Committee to host meetings with members of the restaurant community and focused on
the use of public right of ways for outdoor dining. The City established an urgency ordinance and
resolution for this purpose. Council needs to take two actions tonight, enact the urgency ordinance and
adopt the resolution. Priority solutions for outdoor expansion: private property allowed, sidewalks need
an administrative encroachment permit, public parking lots need an administrative encroachment permit,
temporary street closures, for special events on evening/weekend require Council action and, request for
temporary creation of street parklets requires Council consideration and action via encroachment permit
approval. These measures are temporary to address the current situation.
Interim Community Development Director Lim presented three concept plans for discussion: 400 block,
300 block, 200 block of Broadway. Economic Development and Housing. Project Manager Tierney stated
that the City could mark area where restaurants can set up, restripe parking areas, and provide for ingress
and egress. Restaurants would provide the table/chairs and oversee sanitizing, cleaning, and storing the
furniture. The restaurants would also provide aesthetic barriers for dining.
Mayor Holober noted that there are still some details that need to be flushed out and that street closures
for special events should be spelled out in the ordinance. The concepts look good and for the 300 block
it may make sense to have a parklet on the Broadway side and not on the Magnolia side.
Councilmember Oliva thanked staff for conducting the meetings with the Economic Vitality Advisory
Committee. She inquired if the City had any lights left over to use for the parking lot and to investigate
portable heaters as it gets cold outside.
Vice Mayor Schneider heard from several restaurants and they are appreciative of staff walking Broadway.
She likes the plans and she noted that we have a lot of wind and can restaurants put up wind screens. She
also inquired if wine will be served outside. Economic Development and Housing. Project Manager
Tierney stated that if they have a current ABC license and is in conjunction with food service, wine can
be served outside.
Councilmember Lee thanked staff for the presentation and inquired if the Kitchen restaurant responded
Interim Community Development Director Lim sated that they did respond, and staff will work with them.
Councilmember Lee encouraged his colleagues to think about closing off lesser used streets like La Cruz
if it is feasible; he would like to see if the Farmers Market can be moved into the street.
CITY COUNCIL June 9, 2020
8
Councilmember Papan stated that this is exciting and inquired about how the permits are being processed.
City Manager Williams stated that the process is online through a simple permit process for sidewalks and
parking lots; a parklet permit would need the approval of the Council.
There was a comment about outside smoking, and if people should be wearing masks, we need to think
about this. City Manager Williams stated that there is a list of requirements in the Health Order for
restaurants to open up.
Begin public comment.
Steven Green, Millbrae resident, urged the Council to pass the ordinance and applauded the Council for
considering this and hoped to see it approved.
You You Xue, attended Economic Vitality Advisory Committee meetings and noted that there is no “one
size fits all” solution. Some restaurants with their own parking lot will have a different outdoor plan
compared to the downtown that will have to set up tables on City-owned sidewalks and streets. The
downtown will require special attention and personally does not believe that a full street closure is a good
idea at this time. Ideas like changing vehicle traffic to one-way or building angled parklets take up a
limited amount of parking and should be considered.
End of public comment.
Mayor Holober requested that Section 2 of the Resolution be amended to make it clear that street closures
are for special events only; add “during special events” at the end of the sentence.
Councilmember Lee requested that the Farmers Market be moved to La Cruz. Mayor Holober stated that
this needs to be discussed with the Chamber. Councilmember Lee inquired as to where is Farmers Market
going to go. City Manager Williams stated that staff is analyzing this and has some ideas that have not yet
been finalized and will be brought back to Council. Councilmember Lee noted that maybe it could be
moved to Library Avenue or into the street. City Manager Williams stated that relocation of the Farmers
Market would need to come back to the Council for approval.
Mayor Holober inquired if the recommendation is that restaurants would not have outdoor seating on
Saturday during the Farmers Market. City Manager Williams stated that this is correct; we could move
the restaurants to the frontage road for that period of time.
Upon a motion/second by Lee/Papan the Council unanimously adopted urgency Ordinance No. 778
regarding the use of City property for outdoor dining and Resolution No.20-37 Authorizing the City
Manager to Close Streets and Restrict Parking to Facilitate Outdoor Dining was unanimously approved
with addition of language to the end of section 2 of the resolution.
City Manager Williams stated that staff will bring back recommendations to Council at the June 23rd
Council meeting.
COUNCIL COMMENTS
Mayor Holober:
Attended the Caltrain Local Policymakers Workgroup meeting. The High Speed Rail (HSR) EIR
will be released in July;
CITY COUNCIL June 9, 2020
9
Attended the meeting convened by the Silicon Valley Leadership Group where they discussed
revenue shortfalls in the coming year due to COVID;
The requests for proposals for the Community Center are due this Friday, looking forward to
reviewing them and selecting a design build firm;
There were a couple of graduation parades in May for Capuchino High School and Mills High
School and one on June 4th for Taylor Middle school.
Vice Mayor Schneider:
Has new computer and is working on Zoom issues;
Announced appointment to the Statewide Commission on CA Recycling. Recycling centers have
closed and they are looking into this;
Attended the C/CAG BPAC; she is now the Vice Chair of the Committee. She congratulated Marge
Colapietro for her many years of service on the BPAC; she has stepped down from her position.
She also congratulated Danaonna Lujan, Meadows School Principal, for her service on the BPAC
as well;
Ground based noise will need to have the City write letter for the use of temporary noise monitors;
their next meeting is in July;
At the next SFO Roundtable meeting they will be looking at a spectraln analysis of what vegetation
will help with noise mitigation;
The Cultural Art Advisory Committee and the Community Enhancement Advisory Committee
would like to get their meetings restored;
Spoke at Senator Hill’s meeting last week and she spoke with him about HSR. Senator Hill spoke
with HSR’s Brian Kelly about having a meeting and she had a phone conversation with Brian
Kelly.
Councilmember Oliva:
Attended the Economic Vitality Advisory Committee meetings;
Participated in the graduation parades;
Discussions about many subcommittees tonight, for developments and animal control, she would
like to see these come forward;
Attending the Sheriff’s Activities League meeting on Thursday;
Today is her dad’s birthday and wished everyone a happy Father’s Day on June 21st.
Councilmember Papan:
Requested a press release on outdoor dining;
Requested help for colleagues with Zoom meetings;
Requested an agenda item regarding the stop sign issue during Public Comments;
Requested an agenda item update on approved developments;
Looking forward to Saturday’s vigil;
The Metropolitan Transportation Commission meets tomorrow; working on the 2035 Plan;
Educate those around us about HSR and what project the City has in the works;
Attended first Blue Ribbon Transportation Recovery Committee to get people back on public
transportation and make it safe;
BART Board Member Bevan DuftyThanked Bevan Dufty of San Francisco, he is the only Bart
Board Member to come out to the Millbrae Station., thank you for coming to the Millbrae station
for inspection and help rectifying the metal joint issues in the garage making so much noise – had
been negatively impacting the nearby neighborhood for years, improving the signage, and agreeing
to work with us on other station issues.
Councilmember Lee:
CITY COUNCIL June 9, 2020
10
Grateful for the moment to kneel this morning for George Floyd;
Vigil this Saturday at Central Park; it is a family event;
San Mateo County Asian Pacific Island Caucus sent out a statement denouncing the attack on
George Floyd;
The Association of Bay Area Governments General Assembly is next week and they will be
discussing the Regional Housing Needs Allocation numbers. They are also looking to make
changes to their by-laws;
Peninsula Clean Energy is looking at a smaller revenue stream due to COVID, and they will be
looking to remove nuclear power from their portfolio;
The Lions Club will have a change of leadership and he will be installed as the new club president;
Encouraged the public to follow social distancing.
CLOSED SESSION
NONE
ADJOURN CITY COUNCIL
There being no further business to discuss, the City Council adjourned at 10:34 p.m. in memory of George
Floyd and honoring all victims of injustice.
The video recording of the meeting is available on the Millbrae Community Television YouTube website.
You can click on the link below to view the recording of the entire meeting.
https://youtu.be/Y-S_-zNU7es.
BY:________________________________________ APPROVED:________________________
Angela Louis Reuben D. Holober
Administrative Services Director/City Clerk Mayor