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HomeMy WebLinkAboutMin - CC - 2017.11.20 Burlingame City Council November 20, 2017 Approved Minutes 1 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on November 20, 2017 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mike Heathcote. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz MEMBERS ABSENT: None 4. STUDY SESSION a. POLICY DISCUSSION REGARDING THIRD-PARTY SIGNS AND OFF-SITE ADVERTISING IN CITY FACILITIES Parks and Recreation Director Glomstad explained that this matter arose from user groups expressing interest in hanging sponsors’ banners on the field. City Attorney Kane added that in particular Burlingame Youth Baseball Association (“BYBA”) had requested the ability to hang sponsor banners at City fields. She noted that other organizations like AYSO had asked to hang their rules of conduct at the field during soccer season. City Attorney Kane explained that as landlord, the City decides what if any installations are allowed on City facilities. However, pursuant to the City’s existing sign ordinance, a number of restrictions exist including square footage of signage relative to its frontage on the street. BYBA’s proposed banners would be in excess of these limitations. Additionally, the sign ordinance has a citywide prohibition on off-site advertising. Therefore, BYBA’s request would not be allowed under this restriction. City Attorney Kane reviewed relevant case law on the matter which requires cities to be rigidly neutral when creating sign ordinances. She stated that while courts have ruled that cities can ban off-site commercial advertising, if the Council decides to amend the sign ordinance to allow off-site advertising, it will need to meet the first amendment time, place and manner requirements. Burlingame City Council November 20, 2017 Approved Minutes 2 City Attorney Kane also discussed the issue of identifying the speaker. She stated that the City must ensure that if the sign ordinance is amended, it is clear who the speaker is for signs at City facilities. She added that while the City can impose content-based restrictions so that signs can’t depict acts of violence, the City can’t require the banners to only have messages, for example, supporting environmentally sound businesses. Councilmember Keighran asked if the City could require the sports youth organizations to create sponsorship criteria. City Attorney Kane stated that the City can’t delegate its first amendment obligations to a third party and that the City’s own regulations have to be speaker and view-point neutral. Councilmember Beach asked if the City could allow only youth sports organizations to advertise at City facilities. City Attorney Kane replied in the negative, explaining that once a forum is opened, the City must be even-handed about who has access to it. Councilmember Beach asked if the City could limit the content on banners to not include political or religious messages. City Attorney Kane replied in the negative. Councilmember Keighran asked if the City could require that sponsor banners only be up during the games and then removed. City Attorney Kane replied in the affirmative. Councilmember Keighran asked if the City could do a pilot program allowing sponsor banners for a year to see how it works. City Attorney Kane replied in the affirmative, but stated that the sign ordinance would still need to be amended for a pilot program. Vice Mayor Brownrigg asked why there isn’t a first amendment problem when public art has a plaque that states it was funded by a large corporation. City Attorney Kane stated that the law is murky in this area and that a lot of it boils down to the font and color of the message. For example if Google buys a brick at the library and it blends in with other donors’ bricks, this is not advertising. But if Google is given a brick three times the size and has blue font and a large emblem, it could be considered advertising Councilmember Colson discussed the City’s management of fields that are not owned by the City. She asked if the City would need to work with the school district and other partners when it comes to creating a policy about off-site advertising. City Attorney Kane stated that it would make sense to work with all their partners on this matter. Mayor Ortiz asked if any neighboring cities have dealt with the issue of off-site advertising. City Attorney Kane replied in the affirmative stating that the cities she researched took various approaches to this topic. Mayor Ortiz opened the study session for public comment. Bob Bierman from AYSO discussed wanting to hang AYSO’s rules of conduct during soccer season. JP LaChance and Dermot Larkin from BYBA spoke about their support for amending the sign ordinance to allow for sponsor banners. They explained that sponsor banners allow BYBA to assist with field maintenance and keep costs low for youth interested in participating. Burlingame City Council November 20, 2017 Approved Minutes 3 Councilmember Colson asked about limiting the sponsor banners to the weekend when BYBA has a majority of their games. JP LaChance stated that BYBA has games throughout the week. Councilmember Colson asked how much money BYBA raises through sponsor banners. Dermot Larkin stated that BYBA raised approximately $12,000 last year. Lawrence Viola from the Burlingame Soccer Club agreed with the sentiments of BYBA, stating that the Soccer Club would also like to hang banners to fundraise for the club. Councilmember Beach asked if Council decided to allow advertising on city sports fields, would the City have to allow off-site advertising in other locations in the city. City Attorney Kane stated that it would be cleaner if the City allowed it in all places. However, she explained that the City might be able to make supportable findings that these uses are different enough in kind that they warrant different treatment. Councilmember Keighran stated that after listening to the speakers, it was clear that the intentions of the user groups are good. However, she explained that based on what the City Attorney had stated, it didn’t seem that the Council could limit off-site advertising to sponsor banners for youth sports. City Attorney Kane replied in the affirmative but stated that the City had some leeway to state that banners could only be up during field usage of that group. Councilmember Keighran asked if the conduct rules for AYSO are considered advertising. City Attorney Kane stated that her initial analysis is that it is not advertising. She added that the Council could treat the topic of signage, like the AYSO sign, separate from off-site advertising. Vice Mayor Brownrigg stated he would like to find a way to allow the youth groups to hang sponsor banners as it is a public benefit. Councilmember Beach stated that she found BYBA’s request reasonable in their view of the world. However, she stated she saw the subject being more complex the more it was discussed. Additionally, she voiced her concern about people’s park experience if signage is allowed. Therefore, she stated she was leaning towards not amending the ordinance to allow for off-site advertising. Councilmember Colson proposed a compromise situation of allowing banners to be hung up on Saturday mornings through Sunday nights during BYBA season. She stated that then Monday-Friday, sponsorship banners would not be allowed. Councilmember Keighran asked how many users groups the City has using its fields. Recreation Supervisor Barry said most of the users are youth sports but that there are one-off uses and adult leagues. Mayor Ortiz stated that he would like to find a way to accommodate the signs on the field. Councilmember Beach clarified her early statement saying she wasn’t in favor of permanent signs but could be okay with temporary signage. Burlingame City Council November 20, 2017 Approved Minutes 4 City Attorney Kane asked if she was right in thinking that the Council didn’t want to touch the overall off- site advertising ban. Council replied in the affirmative. Councilmember Keighran stated that another issue is the AYSO conduct rules as a permanent fixture during their season. City Attorney Kane she would review this issue. 5. UPCOMING EVENTS Mayor Ortiz reviewed the upcoming events taking place in the City. 6. PRESENTATIONS b. HIP HOUSING CALENDAR CONTEST WINNERS Diane Kayiatos from HIP Housing and Mayor Ortiz presented certificates to the nine Burlingame students whose drawings and messages of what home means to them were selected as HIP Housing calendar contest winners. The students were: Ava Clark, Alisa Ching, Simone Garcia Afshar, Kaitlyn Ng, Clementine Warren, Sophie Ohliger Yang, Elizabeth Zakharov, Ivan Lan and Max Emanuel. Congratulations to our local winners! c. STORM PREPAREDNESS UPDATE & ADOPT A DRAIN PROGRAM PRESENTATION Senior Engineer Martin Quan gave a presentation on the City’s efforts to prepare for storms. He began with an overview of the City’s storm drain system. He stated that the City has five drainage watersheds: (1) El Portal/Trousdale, (2) Mills, (3) Easton, (4) Sanchez/Terrace, and (5) Burlingame/Ralston. The City maintains over 50 miles of storm drain system, which consists of pipes, channels, culverts, storm drain inlets, and manholes. To assist the conveyance of storm water, the City has five storm water pump stations. Mr. Quan stated that the City is currently in the construction phase of Neighborhood Storm Drain Project #9. This project consists of 17 locations and includes: replacing pipes, increasing storm drain capacity, and re- grading curb and gutter. He noted that because of the severity of this past winter’s storms, the City has sped up the process for neighborhood storm drain improvements and is currently in the design phase of project #10. Mr. Quan reviewed other storm drain projects staff has undertaken as a result of last winter’s storms. This included: cleaning the 54” storm drain on Lorton Avenue to prevent flooding in downtown Burlingame; conducting Culvert/Bridge crossing inspections citywide; and designing upgrades to two storm pump stations. Street, Sewer and Storm Drains Division Manager Mike Heathcoate discussed operations and maintenance tasks that the City undertook after last winter’s storms. He stated that at the California-Grove Storm Pump Station, staff rewired the power outage alarm so that the alarm goes off sooner, and lowered the water level Burlingame City Council November 20, 2017 Approved Minutes 5 alarm from 7 feet down to 4.5 feet. Staff also reprogrammed motor controls to prevent locking out; all pumps were inspected; and additional staff are now on standby during storms. Vice Mayor Brownrigg asked if the pump stations are networked. Mr. Heathcoate replied in the affirmative. Mr. Heathcoate stated that staff installed 134 trash capture devices. These devices prevent trash from entering the creeks and the Bay. He stated that staff is also conducting “hot spot” cleaning and monitoring for areas that historically have issues. Mr. Heathcoate continued his update by stating that trash racks/bars have been inspected and cleaned. Storm Water Pump Stations have been inspected and cleaned of debris. Emergency generators have all been serviced. And the street sweeper sweeps all streets at least weekly to help keep leaves out of the curbs and gutters. Next, Mr. Heathcoate reviewed the public outreach that staff has conducted to educate residents on storms and flooding. He stated that on September 20, staff held a “living with your creek” workshop. Staff sent out letters to 400 residents that live near creeks alerting them to the workshop and offering assistance and guidance. Staff has also provided tours of the California-Grove Storm Pump Station to California Drive residents. And to prepare for the upcoming storm season, staff has opened the sandbag station at 600 California Drive. Mayor Ortiz asked how many citizens attended the “living with your creek” workshop. Mr. Heathcoate said it was approximately 50-60 residents. Lastly, Mr. Heathcoate discussed improvements that Jennifer Lee has spearheaded on the City’s website. He stated that she recreated the storm preparedness page that offers tips and links to things such as SMCAlerts. He also reviewed the interactive map that residents can use to see when their streets will be swept. Environmental Regulatory Compliance Coordinator Jennifer Lee discussed the potential Adopt a Drain program. She explained that Burlingame has a history of localized flooding issues, and although staff monitors storm channel levels and precipitation, there are over 1,600 storm drains in Burlingame. Ms. Lee explained that a potential solution would be to institute an “Adopt a Drain program”. This program is voluntary and looks for individuals who live, work or spend time in Burlingame to become an environmental steward of their neighborhood by pledging to clean a storm drain. She explained that it is as simple as removing leaves or litter from the top of the drain. Ms. Lee discussed the benefits of the program including: increases public engagement, achieves regulatory compliance, educates residents about storm drains, and requires minimal resources to implement. Additionally residents can name their own drain. Ms. Lee stated that such a program had been successfully implemented in San Francisco, Oakland, and San Leandro. Ms. Lee reviewed safety tips for residents interested in adopting a drain: 1. do not lift the drain gate; 2. watch out for moving vehicles, and 3. always wear gloves and be careful of sharp objects. Burlingame City Council November 20, 2017 Approved Minutes 6 Councilmember Colson discussed conversations she read on “Nextdoor” that questioned why the City was street sweeping as many believe it to be a waste of money. Therefore, she asked staff to stress the importance of street sweeping in relation to storm drains. Councilmember Keighran asked staff to send e-blasts to the 400 property owners that live near a creek to update them on storms and where they can go for sandbags. Vice Mayor Brownrigg asked how significant of an issue is it to have leaves in the storm drains. Mr. Heathcoate stated it is a localized issue as it blocks the grates and causes flooding. Vice Mayor Brownrigg discussed creating an app that would alert residents when the tides were rising and a storm was looming. DPW Murtuza stated staff would look into this request. Mayor Ortiz opened the item for public comment. No one spoke. Council thanked staff for their detailed presentation. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Keighran pulled items 8c and 8d. Vice Mayor Brownrigg made a motion to adopt items 8a, 8b, 8e, and 8f; seconded by Councilmember Keighran. The motion passed unanimously by voice vote, 5-0. a. ADOPTION OF CITY COUNCIL MEETING MINUTES NOVEMBER 6, 2017 City Clerk Hassel-Shearer requested Council adopt the City Council Meeting Minutes of November 6, 2017. b. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE: “INTERSECTION STOPS, THROUGH HIGHWAYS AND YIELD RIGHT-OF-WAY INTERSECTIONS” DPW Murtuza requested Council adopt Ordinance Number 1948. c. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED AND AUTHORIZING STAFF TO RE-ADVERTISE THE EASTON ADDITION, RAY PARK AND NEIGHBORHOOD SEWER REHABILITATION PROJECT PHASE 3, CITY PROJECT NO. 84192 Burlingame City Council November 20, 2017 Approved Minutes 7 DPW Murtuza requested Council adopt Resolution Number 125-2017. Councilmember Keighran asked if the original bidders would be automatically notified for this second round. DPW Murtuza replied in the affirmative. Councilmember Keighran made a motion to adopt Resolution Number 125-2017; seconded by Councilmember Beach. The motion passed unanimously by voice vote, 5-0. d. ADOPTION OF A RESOLUTION ACCEPTING THE BAYFRONT ADA IMPROVEMENTS, CITY PROJECT NO. 83840 DPW Murtuza requested Council adopt Resolution Number 126-2017. Councilmember Keighran stated that the resolution accepts the Bayfront ADA improvements but the increased construction cost was due to the improvements that weren’t near the Bayfront. DPW Murtuza replied in the affirmative, stating that improvements were also done on Hillside Drive and Burlingame Avenue. Councilmember Keighran made a motion to adopt Resolution Number 126-2017; seconded by Councilmember Colson. The motion passed unanimously by voice vote, 5-0. e. OPEN NOMINATION PERIOD TO FILL VACANCY ON THE SAN MATEO COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES DPW Murtuza requested Council open the nomination period to fill the vacancy on the San Mateo County Mosquito and Vector Control District Board of Trustees. f. AUTHORIZATION TO SEND A LETTER TO THE STATE LANDS COMMISSION SUPPORTING THE H&Q ASIA PACIFIC APPLICATION FOR A HOTEL/PARK PROJECT ON THE STATE LANDS SITE IN BURLINGAME City Manager Goldman requested Council’s authorization to send a letter to the State Lands Commission supporting the H&Q Asia Pacific application for a hotel/park project on the State Lands site in Burlingame. 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. ANNUAL REPORT OF SUSTAINABILITY ACTIVITIES Burlingame City Council November 20, 2017 Approved Minutes 8 Sustainability Coordinator Sigalle Michael gave her annual report on sustainability activities. She began by stating one of Council’s priorities for the year is “to exceed carbon reduction targets and develop strategies to address changing environmental realities.” Ms. Michael reviewed the City’s ongoing programs. She stated that the City continues to participate in the Bay Area Sunshares program, which is a bulk discount solar power program. Pursuant to this program, if you live or work for a city that has signed on, you receive a free energy audit and at least a 15% discount when you select your solar power proposal. The City also continues to participate in PACE (Property Assessed Clean Energy) programs, which allow people to install solar and energy efficiency projects and distribute the cost over time. Additionally, Ms. Michael discussed the City’s continued involvement in the free sprinkler nozzle program and BAWSCA programs such as rain barrel workshops. Next, Ms. Michael reviewed best practices. She stated an ongoing project is educating the community, local businesses, and staff about what they can do in their everyday life to help the environment and minimize waste. She stated that the County provided the library with energy and water toolkits that include information and devices that the residents can keep. For businesses, the City worked with the Burlingame Chamber of Commerce to give out its first green business awards to Putnam Toyota and Que SeRaw SeRaw. Next, Ms. Michael reviewed a number of future projects. For the Climate Action Plan, which is a component of the General Plan, she explained that staff has decided to do it as a standalone chapter, but that she has been integrating sustainability measures throughout the document. Another future project concerns sea level rise. She explained that the County completed their vulnerability assessment, and with that has begun researching different options. One potential solution she stated was the Resilient by Design program, where design teams from around the world pick a location and come up with a solution for sea level rise in that area. Additionally, the City is working with a Stanford University class that is doing a year-long project on different design options to prevent sea level rise damage. Ms. Michael also reviewed Peninsula Clean Energy. She stated that the City has 14,747 PCE accounts, and 273 are ECO100. She stated that this has resulted in $1 million savings for customers. Additionally, the residents’ usage of 50% renewable energy is equal to 39 million pounds of GHG emissions avoided or removing 3,788 cars a year. Moreover, with the City’s decision to opt up to ECO100 for city facilities, it is the equivalent of removing 234 cars from the road a year. Next, she reviewed electric vehicles. She stated that EVgo has submitted a proposal to install three high speed EV chargers with wiring for three more in the future. The charges would only take 30 minutes and would be located in Downtown Broadway on Lot Y. She stated that the Broadway merchants voiced their support for this project. Ms. Michael also discussed bicycle sharing, a program that allows individuals to rent bicycles. She stated that LimeBike is proposing to do a six-month pilot in Burlingame at no cost to the City. LimeBike will manage operations, maintenance, and customer service. She explained that with LimeBike, there is no need for docking stations. Instead, the bikes have GPS tags and will be picked up by the company. She stated that currently LimeBike is in South San Francisco and Alameda; after speaking to staff in both cities, she stated it seemed people were happy with the service. Burlingame City Council November 20, 2017 Approved Minutes 9 Ms. Michael stated that a large benefit of LimeBike will be that the company will share with the City the data it collects on number of riders, where they are riding, and time of day. This could potentially assist the City in determining where to establish bike lanes. Ms. Michael reviewed her goals for 2018 which include expanding ECO100 participation, bringing composting to multifamily buildings, and implementing the Climate Action Plan. Councilmember Keighran stated that her concern about the LimeBike proposal is that because individuals can leave bikes anywhere, it could lead to sidewalks being blocked and creating hazards for citizens. Ms. Michael stated that the app will show designated places where the City and LimeBike would like people to park the bicycles. Councilmember Beach stated she was excited about the pilot program for LimeBike. She asked if the bicycles lock. Ms. Michael explained that it is a self-locking system. Councilmember Beach stated that she is very interested in the data and wanted to see LimeBike install bicycles by the hotels. She stated that in the San Mateo bike share program, the bikes are used for the last mile of an individual’s commute. She wondered how it would be utilized here in Burlingame. Councilmember Colson stated that the City might want to think about sacrificing a parking spot near the EV chargers as a place for LimeBike parking. Vice Mayor Brownrigg discussed solar water heaters and how this may be easier for individuals to pursue versus solar panels. He asked Ms. Michael to look into programs for solar water heaters. Lastly, he noted the City has an advertising opportunity on garbage bills, and they could use this for ECO100. Mayor Ortiz stated his big mission next year will be to increase the percentage of residents that opt up to ECO100. Mayor Ortiz opened the item up for public comment. No one spoke. b. DOWNTOWN BROADWAY MAINTENANCE UPDATE DPW Murtuza stated that both Public Works and Parks and Recreation provide maintenance services to the Downtown Broadway Business District. Public Works is responsible for the maintenance of downtown street and sidewalk infrastructure, including power washing of sidewalks, sidewalk repairs, emptying trash cans as needed and replacing liners, street sweeping, trash and debris pickup, parking lot cleanups, traffic and parking signage, and street lights. Parks and Recreation is responsible for providing landscape maintenance services, including tree trimming, planting, weed removal, maintenance care for plants and shrubs, irrigation system, and trash pickup from landscaped areas. DPW Murtuza explained that in general, these services are provided on a regular basis during the weekdays. DPW Murtuza continued by stating that the Broadway sidewalks between El Camino Real and California are power washed twice a year. Additionally staff regularly does scrubbing and spot cleaning. However, despite Burlingame City Council November 20, 2017 Approved Minutes 10 the ongoing efforts, staff has received concerns from merchants and residents that additional cleaning is needed. Therefore, in July and August, staff spent several days cleaning Broadway. After this, staff and the City Manager did a walk-through and identified several items that needed to be fixed. Staff has addressed minor items, but larger items are listed in the staff report. The list of larger items includes re-caulking of sidewalk expansion joints at a cost of $145,000. Vice Mayor Brownrigg asked if the re-caulking was a cosmetic issue or a structural safety issue. DPW Murtuza explained that it is a safety issue as there is separation between panels of sidewalk that is creating tripping hazards, especially for those in high heels. DPW Murtuza stated that because of the increased demand for cleaning of Broadway, staff recommends power washing two more times a year, thereby making it quarterly, and replacing existing garbage cans. In total the Public Works improvements would cost $278,000. DPW Murtuza stated that currently Public Works has one full-time employee that handles the maintenance of the Broadway and Burlingame Avenue downtown areas. He explained that the workload regularly requires additional staff and therefore, staff is recommending adding a part-time employee. Parks and Recreation Director Glomstad stated that parks staff would like to improve the consistency of plants, benches, and lights in the area. Therefore, she stated that staff is recommending $50,000 in improvements. DPW Murtuza stated that the total estimated cost of identified improvements is $328,000, and that both departments would like part-time employees to assist at a cost of $44,000. A discussion was had about the recurring cost for these proposed improvements. It was determined that it was $84,000, which covers the cost of two part-time employees and adding two annual power washings. Councilmember Keighran asked if light pole cleaning would be included. DPW Murtuza replied in the affirmative, stating that it would be absorbed in the current budget. Councilmember Keighran asked what powder coating was in reference to the refurbishing of 25 garbage cans. DPW Murtuza explained that it is stronger than painting and will last more than 20 years. Councilmember Beach asked how the proposed quarterly power washing of Broadway compared to the Downtown Burlingame Avenue schedule. DPW Murtuza stated that the sidewalks are different so the services are not comparable. Vice Mayor Brownrigg stated he supported the hiring of additional staff to help with maintenance. However, he stated he would like to see the landlords assist by cleaning and repairing their buildings. He explained that the one improvement he questioned was the $145,000 for re-caulking. Burlingame City Council November 20, 2017 Approved Minutes 11 Mayor Ortiz stated he understood the re-caulking was needed not only to remove tripping hazards but also to prevent water from seeping in below the sidewalk and causing settlement. DPW Murtuza replied in the affirmative. City Manager Goldman added that during the walk-through she noticed that her heel kept getting caught in between the panels, creating a tripping hazard. Councilmember Colson stated she supported the improvements from parks and public works. Councilmember Keighran asked about the pots for plants and if they are going to be completely removed. Parks and Recreation Director Glomstad replied in the affirmative. Mayor Ortiz opened the item up for public comment. No one spoke. c. ADOPTION OF A RESOLUTION TO MODIFY COMMISSION APPOINTMENT PROCEDURES City Manager Goldman stated that the staff report was a follow up to the November 6, 2017 Council meeting where Council discussed modifying the commission appointment procedures. At that meeting, Council requested an automatic extension for applications when an incumbent commissioner chooses not to reapply for their position. City Manager Goldman stated that in addition to Council’s request, staff cleaned up the procedures. Staff’s suggested changes include: establishing that the City Attorney is responsible for training new Board and Commission members, adding the Recreation Center as a place to post notices of vacancies, and modifying language concerning requiring attendance to apply for a commission seat. City Manager Goldman asked Council for direction on whether interviews should still be held when only incumbents submit applications. Councilmember Keighran replied in the affirmative, stating that incumbent interviews give Council the chance to discuss what is working and isn’t working with commissioners. Mayor Ortiz stated that he agreed with Councilmember Keighran but would like to make the questions more informal when it is only incumbents. Councilmember Keighran stated that there should be some standardized questions and then follow-up questions that they can ask. Councilmember Colson stated that she agreed that incumbents should be interviewed. Councilmember Beach agreed and stated that questions should be created that are tailored to incumbents. Mayor Ortiz opened the item up for public comment. No one spoke. Burlingame City Council November 20, 2017 Approved Minutes 12 Councilmember Colson made a motion to adopt Resolution 127-2017; seconded by Vice Mayor Brownrigg. The motion passed unanimously by voice vote, 5-0. d. DISCUSSION AND DIRECTION REGARDING CITY COUNCIL MEETING, CONFERENCE, AND TRAVEL EXPENSES City Manager Goldman stated that this report was brought to Council for direction regarding City Council meeting, conference, and travel expenses. She stated that the Council’s Administrative Procedure on Council Conduct states “the policies and procedures related to reimbursement of travel expenses for official City business by councilmembers are outlined in the City Purchasing Manual.” She explained that finance staff is in the process of revising the Purchasing Manual and that as currently written, the manual does not provide adequate guidance. City Manager Goldman stated that she provided a table of a snapshot of events that Council attends and the estimated cost of these events. She stated that events in this snapshot include the Chamber of Commerce annual meeting and the League of California Cities Annual Conference. City Manager Goldman stated that her recommendation is a hybrid option in which the City pays for any councilmember that goes to the Council of Cities dinners, Chamber monthly lunches, the Chamber and Convention and Visitors Bureau annual meetings, and the Peninsula Division quarterly meetings. Additionally, City Manager Goldman recommended that each councilmember receive $3,000 annually for approved travel. She asked for direction on how the funds that go unspent from each councilmembers’ annual allotment should be handled. She gave a few suggestions including allowing councilmembers to roll their remainder over into the next fiscal year or pooling the funds for other councilmembers to use. Councilmember Colson stated that she liked the City Manager’s hybrid option of reimbursement for approved events and a $3,000 annual fund for each councilmember. She stated that she would want councilmembers to be able to roll over their unspent funds. Additionally, she asked that procedures be established concerning when councilmembers needed to have their reimbursement requests into finance. Mayor Ortiz opened the item up for public comment. No one spoke. Vice Mayor Brownrigg stated that he approved of the City Manager’s hybrid suggestion. However, he stated he would want to see the unspent travel expenses rolled back into the General Fund. Vice Mayor Brownrigg asked if the funds could be used to sponsor a table at an event, for example HIP Housing’s annual luncheon. City Attorney Kane stated that the travel expense budget was originally created to cover education and professional development costs but that it could be expanded. City Manager Goldman stated that an additional fund could be created for Council to spend on items like the Vice Mayor’s suggestion. Councilmember Keighran stated that she agreed with the hybrid approach. However, she stated that the one thing she questioned was redistributing the unspent expenses to other councilmembers. She stated that Burlingame City Council November 20, 2017 Approved Minutes 13 councilmembers should stay within their budgets, but that their funds could be rolled over to the next year. She discussed her experience as mayor and being asked to attend more events than as a councilmember. She stated that councilmembers could budget their funds to have more when they are mayor. Mayor Ortiz suggested having a mayor budget. Councilmember Beach stated that she agreed with the City Manager’s recommendation. Additionally she stated that it made sense to expand the budget for the mayor. Mayor Ortiz stated he wasn’t in favor of rolling funds over to the next fiscal year. Councilmember Beach stated she was in favor of putting unspent funds back in the General Fund. Accordingly, with Mayor Ortiz, Vice Mayor Brownrigg and Councilmember Beach agreeing that unspent funds would be returned to the General Fund, staff was given direction to utilize the City Manager’s hybrid option but not allow funds to be rolled over to the following fiscal year. A discussion was had about creating a mayor budget. Finance Director Augustine stated that she could create a fund for mayor of an additional $1,000. Council agreed. Councilmember Beach stated that for the sake of the public, this item concerns reimbursements for professional and educational events and is not a pay increase. She stated that she was against using the money to purchase a table at an event. Councilmember Colson stated that she agreed with Councilmember Beach and was against allowing Council to use the funds to purchase a table because it could open up a lot of issues about how city funds were spent. Council agreed. e. DISCUSSION AND DIRECTION ON POTENTIAL TRAVEL TO CHINA BY A COUNCILMEMBER PROMOTING THE 150TH ANNIVERSARY OF THE BURLINGAME TREATY City Attorney Kane stated that the staff report was based on Vice Mayor Brownrigg’s request to travel to China and potentially enter into a friendship agreement with Xianghe County. Vice Mayor Brownrigg reviewed the potential travel to China. He stated that it was an opportunity to travel to China, not at the expense of the City, and enter into a nonbinding agreement that has no obligations. He stated that the agreement is fairly superficial but is of cultural importance to the Chinese. He added that it provides the City an opportunity to promote next year’s 150th anniversary of the Burlingame treaty. Additionally, he stated that the agreement corrects the Chinese spelling of Burlingame. Councilmember Keighran stated that she was concerned about the Vice Mayor’s statement that the draft agreement in the staff report carried no weight. She explained that her main concern was the paragraph that stated “The two cities agree to make concerted efforts, on the basis of equal partnership and mutual benefits, Burlingame City Council November 20, 2017 Approved Minutes 14 to promote friendly people-to-people contacts as well as economic and trade cooperation, and actively conducting exchange and cooperation in the areas of science, technology, culture, sport, health, education, and human resources, etc.” She stated that she doesn’t know much about Xianghe County and may not agree with their standards and practices. She explained she didn’t know how the trip and agreement would benefit Burlingame. Accordingly, she stated she didn’t support the request. Vice Mayor Brownrigg stated that he appreciated Councilmember Keighran’s reservations. He explained that in the Chinese business culture, having an event is something you do and that the agreement is to encourage cooperation. Councilmember Colson stated that she was concerned about the precedent Council would be establishing if the City entered into this agreement. Additionally, she stated she was nervous about making a connection with another city that she was not familiar with. She asked if these friendship agreements are ever established between an individual and a city, or is it always from city to city. Vice Mayor Brownrigg stated that these agreements are made between cities. He discussed the City’s historic tie to China and that next year’s anniversary could be an event that encourages travel to Burlingame. Councilmember Colson asked Vice Mayor Brownrigg to explain who was paying for the proposed travel. Vice Mayor Brownrigg stated that Xianghe and Techcode would be underwriting the travel and lodging. Councilmember Colson voiced her concern for future travel and how it would be determined who would go. She asked if future travel of this nature would be something that each councilmember would need to note on their Form 700. City Attorney Kane stated that three years ago there was a Silicon Valley Mayors’ trip to China where a number of mayors were sponsored by corporations. They were asked to go to encourage economic cooperation. She explained that Vice Mayor Brownrigg went and paid his own way. Other mayors had their travel paid for by corporations, which the FPPC later deemed okay. Councilmember Keighran asked if during the Silicon Valley trip, the mayors signed any written agreements. Vice Mayor Brownrigg stated that on his trip, the Chinese delegation wanted to do an agreement but the Vice Mayor didn’t agree to it. Instead, the mayors witnessed the signing of an agreement. Councilmember Beach stated that the Council hadn’t had an opportunity to consider engaging in a friendship city relationship. She explained that she was curious about what the advantage was for Xianghe County and if it is really just ceremonial, why the language implies otherwise. Vice Mayor Brownrigg explained that this is a cultural difference and that Xianghe County wanted this agreement as it would raise their profile in China. He stated that if there are words in the agreement that strike anyone as binding, they shouldn’t, and he is happy to try to get them changed. Burlingame City Council November 20, 2017 Approved Minutes 15 Councilmember Beach asked if without a friendship agreement, could the Vice Mayor still go and promote next year’s anniversary. Vice Mayor Brownrigg stated they wouldn’t sponsor him to go unless the friendship agreement is signed. Mayor Ortiz stated that he understood the cultural differences and friendship agreement but that he did see potential PR problems in associating with a city in China that the Council doesn’t know anything about. Additionally, he stated that he was a little uneasy about the potential trip because the Vice Mayor regularly conducts business in China. Vice Mayor Brownrigg stated that in general his own business in China has greatly diminished, and on this trip there is no work that he is doing of a personal natural. Mayor Ortiz stated that he was hearing reluctance from the other three councilmembers (Vice Mayor Brownrigg was recused), and therefore the trip would not be approved. f. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE POOLED LIABILITY ASSURANCE NETWORK [PLAN] JOINT EXERCISE OF POWERS AGREEMENT City Attorney Kane stated that the City receives insurance through what is currently known as ABAG PLAN (“PLAN”). PLAN was established as a non-profit corporation, rather than its own JPA, because of certain financing issues at its formation. It associated with ABAG because it arose out of ABAG’s membership and to provide the legally required link to a public JPA. As a result of the recent merger of ABAG and the Metropolitan Transportation Commission (“MTC”), PLAN is now administered by MTC. City Attorney Kane explained that PLAN was one of several local government programs swept into the ABAG/MTC merger and did not have direct involvement in the agreement between those two entities. The merger agreement provided for substantial overhead costs to be charged out to the former ABAG programs. PLAN would not have had the ability to negotiate these costs or, given the merger agreements terms, certainty as to how they might escalate. The overall structure of the merger did not allow for cost savings or certainty for the insurance pool. City Attorney Kane stated that because of this, the Board of Directors for the insurance group looked at options to control and provide certainty of costs. An RFP was released, and it was determined that the group would save $3 million over five years by contracting out the same services that MTC would have provided. In order to finalize this arrangement, it was determined that the insurance pool should become its own entity that administers its insurance for its members. She explained that under the new JPA, governance, rules, operations, etc. would be kept the same as before. City Attorney Kane stated that with Council’s approval, Burlingame will be the first member of the insurance pool. Mayor Ortiz opened the item up for public comment. No one spoke. Burlingame City Council November 20, 2017 Approved Minutes 16 Councilmember Colson stated that this was great work and stated her approval of the agreement. Councilmember Beach echoed Councilmember Colson’s sentiment. She asked if there would be any change to the leadership structure from how the board is currently structured. City Attorney Kane stated that the agreement is to keep the board as is, which is city managers, city attorneys, finance directors, and risk managers. Councilmember Beach made a motion to adopt Resolution Number 128-2017; seconded by Councilmember Colson. 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 No items were suggested. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Parking & Safety Commission, Beautification Commission, Parks and Recreation Commission and Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 9:56 p.m. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk