The URL can be used to link to this page

Home My Public Portal About2020-06-09 Item 3bMILLBRAE CITY COUNCIL MINUTES -DRAFT May 26, 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 citizens 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: Mil lbraecouncilmeetings@ci .mill brae. 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 7:09 p.m. ROLL CALL: Mayor Reuben D. Holober, Vice Mayor Ann Schneider, Councilmembers Anne Oliva, Gina Papan, and Wayne l Lee PLEDGE OF ALLEGIANCE TO THE U.S. FLAG 1.CEREMONIAL/PRESENTATION •Commendation to Support Life Foundation Mayor Holober summarized the commendation. Salah Elbakri, Support Life Foundation, made a presentation to the Council. Mayor Holober stated that this was a phenomenal effort and he thanked Mr. Elbakri and the El Rancho Hotel. The Council thanked everyone involved behind the scenes for their help to these families in this time of cns1s. 2.AGENDA OVERVIEW/STAFF BRIEFING •Calendar of Events •Report of Bills and Claims 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." CITY COUNCILMay 26, 2020City Manager Williams provided an overview of the agenda and updated the Council on the followingitems:> Current COVID-19 statistics;> Free COVID-19 testing is available visit www.projectbaseline.com;> The Skate Park and tennis courts were opened this past weekend;> Online building permits available through the City's website.City Attorney Cassman updated the Council on two actions taken by the Board of Supervisors: 1)Countywide moratorium for evictions is extended through June 30, 2020 and 2) suspension of the 25 centgrocery bag fee during the Shelter in Place Orders.3. APPROVAL OF MINUTES•Regular Meeting of May 12, 2020Vice Mayor Schneider stated that she has some changes to the minutes: on page 5 regarding the AssistantCity Attorney's comments.Council directed the City Clerk to review the video and bring the minutes back to a future meeting.4. ORALREPORTFROM CITY COMMITTEE/CQMMISSION CHAIRSNONEPUBLIC COMMUNICATIONLou Sandrini, Millbrae resident, thanked Jean Joh for placing US flags in front of homes for MemorialDay and asked that the Mayor thank her.CONSENT CALENDARCouncilmember Lee requested to approve Consent Calendar items 6, 7, and 8; he would like to pull item5 for comment.5. Resolution Approving and Authorizing the Execution of First Amendment to the Grant Agreementto Support Millbrae Community Television (MCTV) and First Amendment to Agreement forBroadcasting, Video and Channel Management Services by MCTVCouncilmember Lee thanked IVtCTV for their work; they recently produced a video on the census andanother video promoting take-out food during COVID-19. These can be viewed on MCTV and MCTV'sYouTube channel. He inquired how can public have access to use the station. Staff will get back toCouncil with this information.Upon a motion/second by Lee/Schneider, Resolution No. 20-31 approving and authorizing the executionof First Amendment to the Grant Agreement to Support Millbrae Community Television (MCTV) andFirst Amendment to Agreement for Broadcasting, Video and Channel Management Services by MCTVwas unanimously approved.2 CITY COUNCILMay 26, 20206. Quarterly Investment Schedule for the Third Quarter of Fiscal Year 2019-20207. Resolution No. 20-32 Awarding Janitorial Services Contract to MBC Custodial Services, Inc.(MBC) in the Amount of$l 51,235, Authorizing the City Manager or His Designee to Execute theSubject Contract for Up to Three One-Year Options at an Annual Cost of $151,235 Plus anAnnual Escalator Based on the San Francisco Bay Area Consumer Price Index and ExecuteContract Change Orders Up to the Contingency Amount of $20,0008. Resolution No. 20-33 Awarding Construction Contract to HM Construction Inc. for the MillbraeTransit Center to Spur Trail Connection Gap Closure ProjectUpon a motion/second by Lee/Oliva, Consent Calendar items 6, 7, and 8 were unanimously approved.PUBLIC HEAMNG9. Ordinance Adding Article XXXI "Development Impact Fees" to Title 10 Chapter 10.05 of theMillbrae Municipal Code (Continued from May 12, 2020)> Waive First Reading> Introduce OrdinanceMayor Holober opened the public hearing.Interim Community Development Director Lim presented the report. He introduced Nick Krai and MeganQuinn, Harris and Associates. Megan Quinn provided an overview of what development impact fees are.AB 1400 sets as one-time fee on new developments that can only fund capital costs; they cannot fundexisting deficiencies and they are not a tax or a special assessment. The City currently does not have anyexisting development impact fees, except for the MSASP area development impact fee program. NickKrai provided an overview of how the fees are calculated.Vice Mayor Schneider stated that Millbrae is built out, where are the 50 parcels that we can build on?Mayor Holober stated that the City owns two or three vacant lots that we are trying to sell. Mr. Krai statedthat 50 is an estimate and eould be subject to change. Vice Mayor Schneider inquired as to what is thethreshold for triggering the development impact fee; will adding an addition to a single-family hometrigger these fees. Mr. Krai stated that adding an addition to a single-family home will not trigger a fee.Vice Mayor Schneider stated that tfae City should be doing this as it is adding more people to that propertyand more impact. She also noted that the City does not get development fees for projects that are on ourboarders; transportation agencies can do whatever they want and we still have to maintain the roads andwe get nothing from the transportation agencies that build stations in our City or other cities that build upon our boarder. Is there a way to capture this inequity in this document? City Manager Williams statedthat the fees discussed tonight are for new development, not existing deficiencies and we cannot collectfees for maintenance. If a 3 plex is torn down and a 6-unit building is built, we give credit for the existingunits and charge for the new units. Vice Mayor Schneider went on to state that as we develop more, welose soil, and trees; and trees play an important role in noise mitigation. We do not have anything to reflectthe heat island we are growing. Mayor Holober stated that these can be addressed through ourzoning/building code. City Manager Williams stated that we need to focus back to the issue of thedevelopment impact fees.Councilmember Oliva inquired when a project comes forward, things are still negotiable. City ManagerWilliams stated that this study brings forward the cost of the new units; the ordinance allows the CityCouncil to have some flexibility.3 CITY COUNCILMay 26, 2020Assistant City Attorney Yan stated that we are discussing the framework of how the fees will be set upand collected. We are not imposing fees tonight; they will be adopted in two weeks and by a separateresolution. These fees are somewhat negotiable however, the resolution sets the maximum amount of feewe can charge.Councilmember Oliva moved to approve.Councilmember Lee inquired if the fees also include road repair when construction causes damage toroads. City Manager Williams stated that we cannot collect for maintenance, we have a condition ofapproval that the contractor must repair any damage to the roads made during construction.Begin public comment.Steven Green, Millbrae resident, stated that he believes there are significant public flaws in the law firmsmethodology for determining the fee schedule. He has issues with the use of the ITE manual for estimatingtrip generation and the most glaring issue is the park fee.Brian Pianca, Wood Partners, requested that Council consider establishing a fee credit offset for commonand private use open space as part of the Development Impact Fees and that Council reconsider theimposition of Commercial Impact Fees on mixed-use projects.Tran Nguyen, Millbrae property owner, stated opposition to the Development Impact Fees.End of public comment.Assistant City Attorney Yan stated that the level of service methodology this has been upheld by appellatecourts and is sound. The fees are not an exact science and they are looking for a reasonable relationshipbetween the impact and the fee being charged. Mr. Krai stated that the value is based on insurance valueand City Hall is split between the Police Department and City Hall. The park fee is based on recent landtransactions in the County. City Manager Williams stated that if new developments cannot pay their fairshare, we will be missing an opportunity. We would rather see the developer build the improvements; ifthey build it, they get a credit. The fees are when the developer does not want to build these improvements.Vice Mayor Schneider inquired if these include the bicycle pedestrian bridge over US 101. InterimCommunity Development Director Lim confirmed that they areincluded.Upon a motion/second by Lee/Papan public hearing was closed.Upon a motion Second by Lee/Oliva, the Council unanimously waived the first reading and introducedordinance adding Article XXXI "Development Impact Fees" to Title 10 Chapter 10.05 of the MillbraeMunicipal Code.EXISTING BUSINESS10. Receive the Fiscal Year 2020-2021 Budget Report4 CITY COUNCILMay 26, 2020Interim Finance Director Boyd presented the report, the data is from April 30, 2020. In the future staffrecommends that this item be placed on the Consent Calendar and if there are questions, the item can bepulled for discussion. We are 83% of the year transpired. The sales tax numbers do lag behind a bit andmay not be at 34% behind. We are coming in under budget on expenditures and our spending in thegeneral fund will be less than we had anticipated.Vice Mayor Schneider inquired if staff could add a line for COVID costs that we could recover. InterimFinance Director Boyd stated that staff will make a note of this and bring it back to Council.Councilmember Lee requested an explanation on Council expenses. Interim Finance Director Boyd statedthat these expenses are associated with the meetings such as supplies, salary, and benefits. Mayor Holoberinquired if this includes cost allocations from other departments. Interim Finance Director Boyd notedthat these are administrative costs for the Administration Department.No public comment for this item.Council received the report.11. Receive the Proposed Operating and Capital Budget for Fiscal Year 2020-2021 with Provisionsfor Cost Containment and Provide Direction to StaffInterim Finance Director Boyd presented the report. We have significant budget challenges for FY 20/21;a spending freeze was implemented in February 2020, a hiring freeze was implemented with the Shelter-in-Place Orders, and the decline of Transient Occupancy Tax. Staff is proposing a one-year budget and isasking for Council input and direction and staff will bring back the budget at the June 9, 2020 meeting foradoption. She went on to explain that Millbrae receives 16 cents for every dollar of property tax collectedand the City receives 1% of sales tax collected. It is important to note these figures so that the publicrealizes that the City gets a minor share of property and sales taxes. She recommended that the Councilinclude the proposed cost containment provisions as part of the resolution adopting the budget.Councilmember Lee thanked the City Manager for cutting back on costs with onset ofCOVID-19. Weneed to be mindful as we cut back in services as this can be counter intuitive when the economy rebounds.Vice Mayor Schneider inquired about sales tax from internet sales, we do not receive a large portion fromthis. City Manager Williams stated that there is a formula from the state on how this is calculated. Sheinquired about the minimum wage ordinance, will this be tabled or can we look at it in the future. CityManager Williams replied that w© will need to take a pause in the first quarter of the fiscal to evaluate thesituation.Councilmember Oliva stated that Millbrae may receive $7 million if the current bill is passed at the federallevel. We should look at overall picture in the next quarter and address this as a priority. Interim FinanceDirector Boyd stated that Council could add a provision that staff bring back the budget on a quarterlybasis to maintain more control over it. Councilmember Oliva stated that she would want to include this.Mayor Holober requested that this be formalized in the resolution that will come forward at the nextmeeting.City Manager Williams inquired if there is there concurrence to include the cost containment measures inthe resolution for the next meeting.5 CITY COUNCILMay 26,2020Mayor Holober stated that there is concurrence on the cost containment measures.No public comment for this item.Council received the report and requested that staff bring back the budget for adoption at the June 9, 2020meeting and to include the cost containment measures in the resolution.12. Letter Response to the California High-Speed Rail 2020 Business PlanMayor Holober stated that the letter went through revisions and Councilmember Papan read the firstparagraph as background for the public.Vice Mayor Schneider stated that the letter is strong and reads well. She stated that on page 3 the wordingin the final paragraph should be changed to replace ". . ..several homes... " with ".. .up to 23 homes...5;Councilmember Lee stated that the letter should be more matter of fact and that the project conflicts withhousing; take out the emotion and the holding at bottom of page 3 should be removed.Mayor Holober noted that in the last couple of days we have received requests to meet with High SpeedRail (HSR).Councilmember Papan stated that the letter needs to stay as written. HSR has had multiple chances tomeet. This letter is our representation, we do not need to accommodate them, and we have offeredalternatives that we do not have to offer. Councilmember Papan noted that the bold wording at the bottomof page 3 could be unbolded.Vice Mayor Schneider stated that the current letter makes us sound that we are speaking from a positionof strength. We will be fighting this battle when the EIR is released in a few weeks and we need to remainstrong.Councilmember Lee stated that he agrees with this letter but when we put emotions into the letter it makesit sound weak.Begin public comment.Steven Green, Millbrae resident, stated that HSR's taking over of the third rail has never been consideredand Millbrae should stop considering that tunneling has been an option since 2012. This option wasabandoned when HSR had to purse a blended system. Additionally, the proposed parking lot appears tobe only penciled in. HSR seems ambivalent towards it and not desperate to build it like the City contends.The primary concern seems to be with the platform expansion into what would be the extension ofCalifornia Drive.Marge Colapietro, Millbrae resident, thanked the Subcommittee for revising the letter. She found thetimeline information beneficial as it added strength to the letter. She called attention to the secondparagraph on page 4.End of public comment.Upon a motion/second by Oliva/Papan, the Council unanimously approved the letter with the changes topage 3 include "up to 23 houses "and to remove the bold font at the bottom of the page.6 CITY COUNCILMay 26, 2020Mayor Holober requested that staff make the edits and prepare for signature, as it must go out in the nextcouple of days.13. Update on IVtillbrae Recreation Center Restoration ProjectInterim Public Works Director Kao presented the report.Councilmember Lee thanked staff and the Council subcommittee. He inquired what is the walk off metalgrills? Interim Public Works Director Kao stated that it is a grill that is place in the interior of a buildingso when people walk on it the dirt will fall on it and not come into the building. Staff is allowing for theremoval of those grills and perhaps putting in traditional carpeting.Vice Mayor Schneider stated that she has concern regarding the exterior sections and requested that staffsend the slides so that she can review it as this is first time that she is seeing it. She is concerned about thestucco. Regarding the installation of carpet, is it carpet or carpet squares, there is savings in carpet squares,and this is a green feature that we can meet. The stairway railing, we are asking seniors to come down thestairs if there is an emergency and I am concerned with railing being opened. Regarding the flat roof, willit have a balcony or garden on it; I will look at the presentation materials. There are still some plants atthe site that the Community Enhancement Advisory Committee would like to get them and are planningto use them as a plant sale to raise money for the Community Center. She stated that she does not have aproblem with the two-month extension. Additionally, she noticed a line item for solar roof in budget, butthere is nothing in the budget for a cistern and this is a lost opportunity.Mayor Holober stated that he has a comment on the two-month extension: the end of May is close tosummer camp; will camp be able to take place. Interim Public Works Director Kao sated that staff willlook into getting summer camps ready. Mayor Holober preferred staff stick to the previous schedule withthe soft opening in March 2022. He also inquired about the City surplus properties. Interim CommunityDevelopment Director Lim stated that we have a Request for Proposals (RFP) to get broker and willrelease the RFP this this week. Additionally staff has identified another potential surplus property and wewill bring this back to Council in the future.No public comment for this item.Council received the report.14. Recommendations of Artwork Submitted by Millbrae Seniors for Utility Box PaintingRecreation Director Brady presenited the report and displayed a copy of the artwork.Mayor Holober stated that the design looks very nice and well put together.Vice Mayor Schneider stated that the actual box is a bit taller and there will be a more of the blue sky inthe finished artwork.No public comment for this item.Upon a motion/second by Oliva/Schneider, the recommended artwork submitted by the Millbrae Seniorsfor the utility box painting as unanimously approved.7 CITY COUNCILMay 26. 2020NEW BUSINESSNONECOUNCIL COMMENTSMayor Holober:> Thanked Jean Joh for placing flags for Memorial Day;> The Caltrain Policy group will meet again after a hiatus;> The San Mateo County Library JPA met last week and discussed reopening plans for librarycurbside service in early June;> Reminded everyone about the Project Baseline website for testing.Vice Mayor Schneider:> The Bicycle/Pedestrian Advisory Committee (BPAC) grant will be released. The Millbrae BPACneeds to meet to work on this grant;> Bike sharing came up recently, and there will be public/private and mini modal scenarios;> Attended an online national conference on tourism and travel in COVID. Tourism will come backand will be based on cleanliness and technology that will make people feel safe when traveling;> Recognized the Dylan Hotel. They received an outstanding award for cleanliness prior to COVID;> Requested a Fire Sub-Committee meeting to discuss Millbrae related issues;> Congratulated Environmental staff on the recent Climate Action Plan Zoom workshop;> Believes that there will be social distancing protocols in place to allow seniors at the high schoolto paint utility boxes.Councilmember Oliva:> Remotely attended the Housing Endowment and Regional Trust and Sheriffs Activities Leaguemeetings;> Condolences to George Corey on the recent loss of his wife, Ina;> The Economic Vitality Advisory Committee met last week via Zoom and thanked staff for themeeting with the local restaurants;> Understands the frustrations of small businesses, as she is a small business owner.Councilmember Papan:> Thanked Council for all of their work tonight;> Stated that the previous comment made regarding High Speed Rail was inaccurate. San Franciscowas able to get a JVtemorandum of Understanding and that Millbrae is asking for the same;> Happy to see all of the sidewalk chalk art throughout the City;> Millbrae is ranking 2" place in the Census, please fill out the census on line;> Friday is graduation for the high schools, and she would like the City to support this effort with afire truck or some other mode of celebration;> Requested that staff reach out to the high school district to open up their fields and facilities foroutdoor use;> We need to define our outdoor regulations to move towards recovery;> Encouraged the public to continue doing take-out and supporting local businesses;> She will be attending the Blue Ribbon Recovery meeting this week to get transportation safe andready for riders during recovery period.8 CITY COUNCILMay 26. 2020Councilmember Lee:> Requested to play a video from MCTV on the census;> Attended the Association of Bay Area Governments (ABAG) Executive Board meeting wherethey discussed the Bay Area Housing Authority and how it will be Chaired by the MetropolitanTransportation Commission (MTC) as the have ability to put measures on the ballot;Announced that he will be stepping off of the Peninsula Clean Energy Board, as he will be termed out thisyear.CLOSED SESSIONNONE^sADJOURN CITY COUNCIL MEETINGThere being no further business to discuss, the City Council adjourned at 10:44 p.m.The video recording of the meeting is available on Millbrae Community Television YouTube website.You can click on the link below to view the recording of the entire meeting.httDS://Youtu.be/'dYXisi-C7JEBY:APPROVED:Angela LouisAdministrative Services Director/City ClerkReuben D. HoloberMayorIfel,JB:^9