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HomeMy WebLinkAboutMin - CC - 2020.02.18CITY O BURLINGAME � o mom 4 �°AwrEo �uuc °� BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting on February 18, 2020 STUDY SESSION a. DISCUSSION OF BUILDING ELECTRIFICATION AND ELECTRIC VEHICLE REACH CODES Sustainability Coordinator Sigalle Michael began her presentation by highlighting two recent articles in the New York Times. One discussed a Washington city's decision to ban natural gas in existing homes, and the other highlighted new all -electric ADOBE building in Silicon Valley. Sustainability Coordinator Michael stated that in 2010, the City passed a reach code. She noted that this was prior to the State's adoption of CALGreen. She explained that the City's 2010 reach code went beyond the State's building code at the time by requiring buildings to be 15% more efficient and implementing a checklist. She stated that after the passage of the City's reach code, the State adopted CALGreen, which surpassed the City's requirements. Therefore, she noted that a similar story could now happen with the City reaching beyond the State's requirements until the State surpasses the City's reach code. Sustainability Coordinator Michael stated that at the last study session, Council voiced three concerns: 1. Council didn't want to risk losing new housing units as a result of the reach codes. Sustainability Coordinator Michael stated that staff held two stakeholder meetings with developers. At the meetings, a developer from each sector attended (single family, multi -family, and commercial). She reviewed some of the comments that staff heard from developers including: • all -electric over 25,000 square feet could be challenging • they are cautious about committing to EV charging technology while the technology is still evolving • automated mechanical garages can't install EV chargers • need to be competitive with development in neighboring cities • residents want to cook with natural gas 2. Council asked if the electric load can handle the reach codes. Sustainability Coordinator Michael stated that she learned from Peninsula Clean Energy ("PCE") that this shouldn't be a problem. 3. Council asked if all -electric is cost effective. Burlingame City Council February 18, 2020 Approved Minutes Sustainability Coordinator Michael stated that to enact a reach code, the City must prove cost- effectiveness to the California Energy Commission. She stated numerous cities have proved this already. Sustainability Coordinator Michael noted that she also presented options to the Citizens Environmental Council ("CEC") and received a clear message: Do more quicker. Sustainability Coordinator Michael discussed what other cities have done. She noted that Morgan Hill enacted a natural gas ban. She stated that Cupertino, Brisbane, Mountain View, Pacifica, Palo Alto, San Jose, and San Mateo County have all adopted the Menlo Park approach, which is for all -electric with limited gas use. Next, Sustainability Coordinator Michael reviewed staff s proposal for single-family homes and townhouses, multi -family buildings, and commercial buildings. She noted that staff s proposals take into consideration comments from the Council, developers, environmental advocates, and PCE. Staff s proposals for each building type included requirements for all -electric, solar, and EV infrastructure. Sustainability Coordinator Michael reviewed staff s proposal for single-family homes and townhouses. She stated that staff is proposing requiring new buildings to be all -electric, with a natural gas exception for cooking with prewiring. She noted that other cities have enacted a natural gas exception for cooking. However, a lot of the benefit in all -electric is avoiding the natural gas hook up. She stated that State legislation now requires solar on new single-family homes. She added that for EV infrastructure, staff is proposing requiring one level 2 and one standard outlet. She noted that these proposals were vetted through the developers and that the developers felt that the proposal was acceptable. Next, Sustainability Coordinator Michael reviewed staff s proposal for multi -family buildings. She stated that staff is proposing all -electric with a natural gas exception for cooking with prewiring. She noted that Menlo Park as well as other cities don't allow natural gas for cooking in multi -family buildings. However, the developers made it clear to staff that they want to stay competitive with neighboring cities and therefore want to keep natural gas for cooking. She stated that staff also heard that it could be difficult to require electric water heating, and therefore, if the developer can show it is infeasible, the City could provide an exemption. She noted that staff proposes following the PCE model for solar, which requires a minimum 3kw system with exemptions for limited solar zones. She explained that for EV infrastructure, staff worked closely with the developers to ensure that the requirement was obtainable. Therefore, staff is suggesting that 10% of units, not parking spaces, have level 2, and 90% have standard outlets. She noted that for EV infrastructure on multi -family buildings, staff created an exemption if the developer can show that the infrastructure would exceed $4,500 a parking space. Councilmember Colson stated that what she heard was that it wasn't just the cost but also the space requirement for EV-enabled parking spaces. Sustainability Coordinator Michael noted that this was discussed in the staff report. She explained that PCE took out any space requirements, and therefore it is only the regular stall requirements. 2 Burlingame City Council February 18, 2020 Approved Minutes Councilmember Colson stated that what she heard from developers is that the EV infrastructure proposal could require the need for additional transformers. She explained that a transformer could take up five to six parking spaces. Therefore, if the developer needed to decrease the number of parking spaces, they could lose some units, and the project wouldn't pencil out. Councilmember Ortiz asked if he was correct that because the water table is shallow in parts of Burlingame, the transformers couldn't be underground, and therefore they would need to be at ground level. Sustainability Coordinator Michael replied in the affirmative and noted that this was part of the reason for the exemption. She added that she would have further discussions with developers about transformers and their concerns. She noted that the developers she spoke with were comfortable with this exemption strategy. Vice Mayor O'Brien Keighran asked how staff came to $4500 per parking space for an exemption. PCE Director of Energy Programs Rafael Reyes stated that the $4500 price tag is an extrapolation from the CALGreen. He added that PCE vetted the EV infrastructure proposal and $4500 price tag with developers and that the developers felt comfortable with the number. Vice Mayor O'Brien Keighran asked if PCE considered if the price tag for the exemption should vary depending on the size of the project. Mr. Reyes stated that they had not looked at this possibility but had conducted a thorough cost-effectiveness study and felt comfortable with the number. Councilmember Brownrigg stated that whatever constraints people think currently exist for EV infrastructure will be moot in five to ten years. He explained that he believed there will be so many electric vehicles that buildings will have to be retrofitted to accommodate them. Additionally, he stated that buildings would need more level 2 chargers. He noted that level 1 chargers are not powerful enough to charge a vehicle for a full day's use. Sustainability Coordinator Michael stated that they heard from developers that because technology is evolving, they shouldn't fully commit to either level. Mr. Reyes added that PCE studied the commute patterns in the County, and the average commute range is under 30 miles, which could be accommodated by a level 1 charger. He stated that they estimate that 60% of EV drivers are using level 1 in their homes. Next, Sustainability Coordinator Michael reviewed staff s proposal for commercial buildings. She stated that staff is proposing all -electric, with a natural gas exception for cooking in restaurants with prewiring. She discussed exempting life sciences buildings and buildings over 100,000 square feet from the all -electric requirement. She stated that commercial buildings would be required to have a minimum 3kw system for solar with exemptions for limited solar zones. She explained that for EV infrastructure, staff was proposing that 10% of parking would have level 2 charging, 10% standard outlet, and one fast charger for buildings with more than 100 spaces. She noted that staff proposed an exemption for mechanical parking systems and areas without power supply. Vice Mayor O'Brien Keighran asked if hospitals would be exempt from the all -electric requirement. Sustainability Coordinator Michael replied in the affirmative. Mayor Beach stated that the Council just reviewed the proposed development at 1095 Rollins Road that included EV infrastructure on stackers. Sustainability Coordinator Michael stated that this is new Burlingame City Council February 18, 2020 Approved Minutes technology. She noted that while she hadn't reviewed the project, from what she heard the project didn't meet staff s proposed EV infrastructure requirements. Sustainability Coordinator Michael discussed the reach codes in conjunction with the Climate Action Plan. She stated that all -electric would almost double the reductions that the City is expecting from their current CAP measures in their respective categories. She explained that the reason that building electrification takes it that much further is because the existing electrification measures rely on voluntary compliance. Mayor Beach asked if the doubling of GHG reductions is with a total ban of natural gas or with the proposed reach codes. Sustainability Coordinator Michael stated that it was reflective of the proposed reach codes. Mayor Beach asked if the City did ban natural gas, was there a sense of what additional impact the City would see. Sustainability Coordinator Michael stated that while she didn't have the exact numbers, natural gas for cooking is the smallest part of natural gas usage, so it would be a small impact. Ms. Michael reviewed the next steps. She stated that based on Council's comments, staff would bring back a reach code for adoption, which, if adopted, would be reviewed by the California Energy Commission. Mayor Beach asked SummerHill Vice President of Development Elaine Breeze how all -electric could affect developments that are in the flood zone. Ms. Breeze stated that the garage is elevated to be out of the flood zone, and this would be where the transformers are located. She noted that staff and PCE have been receptive to her concerns but that building all -electric in a flood zone under height restrictions and parking requirements remains a concern. Mayor Beach discussed potential tradeoffs to allow for all -electric in the flood zone including allowing the transformers on the roof or a reduction in the parking requirement. She noted that all -electric isn't infeasible; it is that the restrictions under the code that might not allow for it. Ms. Breeze replied in the affirmative. Vice Mayor O'Brien Keighran asked what the threshold is in asking smaller multi -dwelling projects to do all -electric versus larger projects. Ms. Breeze discussed alternatives for heating and stated that she didn't believe that smaller developments would need to get a large transformer. Vice Mayor O'Brien Keighran asked if electric fireplaces radiate enough heat as compared to gas fireplaces. Ms. Breeze stated that she didn't know. Mayor Beach opened the item up for public comment. Mike McCord voiced his support for reach codes and asked Council not to allow for an exception for cooking. Christine Yballa voiced support for reach codes as it is an easy way to reduce the City's greenhouse gas emissions. 4 Burlingame City Council February 18, 2020 Approved Minutes Bruce Nagel voiced support for the reach codes and asked the Council not to allow for any exemptions. Robert Whitehair voiced concern about exemptions to reach codes. He noted that he believed that exemptions would become the norm and would limit the benefits of a reach code. Lisa Happich discussed the climate crisis and stated that this is the most important issue that the City is now facing. Terry Nagel stated that 15 cities in Silicon Valley have approved reach codes. She urged the Council to review Mountain View's reach code and not to adopt exceptions. James Tuleya, the Chair of Carbonfree Silicon Valley, stated that he has been in the energy efficiency business for 12 years. He talked about the increased costs that could be associated with creating a cook exception. Dashiell Leeds discussed the climate crisis and his concerns about building more gas pipelines. Sharon Refvem voiced her support for the reach code. John Andary, a professional mechanical engineer, discussed the possibilities for developers under the reach codes. He urged the Council to adopt a reach code that didn't include an exception for natural gas cooking. Carol Vollem stated that the climate crisis is encroaching on the world much more aggressively than expected and that cities must take action. Diane Bailey discussed building a city's resiliency by encouraging solar and electric vehicles. She noted that electric vehicles can be used during a power outage to power critical services in one's home. Chris Detjen, an architectural designer, stated that the opportunity for the City to take leadership on green building lies with commercial buildings. He noted that he is opposed to exceptions and that the large buildings that help shape a community should be all -electric and efficient. Scott Shell, a principal at an architectural firm, requested that the Council not have an exemption for multi- family buildings to have gas water heating. Mayor Beach closed public comment. Vice Mayor O'Brien Keighran asked what the necessary power supply would be if the City adopts an ordinance for all -electric, and would there be enough. Mr. Reyes stated that PCE started estimating the need in the near -term and found that in 2025, there is more load associated with electric vehicles than there is with electric buildings. He stated that there is about a 3% increase for electric vehicles in 2025. He discussed that the cost of solar has declined, and therefore it is likely that it will be extremely cheap to power large amounts of electric loads in the future. 5 Burlingame City Council February 18, 2020 Approved Minutes Vice Mayor O'Brien Keighran asked PCE for data on the increase in electricity. Mr. Reyes replied in the affirmative. Councilmember Ortiz stated that he liked staff s proposal for single-family homes, multi -family buildings, and commercial buildings, but would remove the exception for natural gas cooking. He added that he supported staff s proposal concerning EV infrastructure. He noted that if the EV proposal was more stringent, he did have concern that it would be cost prohibitive for developers. Councilmember Brownrigg stated that he concurred with Councilmember Ortiz. He noted that he would remove the exemption for life science buildings because of testimony from some of the professionals that it was unnecessary. He stated that he thought the Council should consider a conditional use permit for restaurants to use natural gas. Councilmember Colson stated that she supported staff s proposal. She noted her concern about gas fireplaces. She discussed the importance of educational outreach to developers to inform them of the benefits of all -electric. She added that if the City is going to carve out an exception for natural gas for cooking, that the City should do the same for gas fireplaces. Councilmember Colson discussed Brisbane's incentive program to promote all -electric. She asked staff to provide Council with details on the program. Vice Mayor O'Brien Keighran stated that overall, she agrees with most of staffs proposals. She asked about the Restaurant Association's lawsuits against Berkeley and Windsor. City Attorney Kane stated that both lawsuits are in their early stages and that the Windsor lawsuit was from developers. Vice Mayor O'Brien Keighran asked staff to keep the Council apprised of the two lawsuits. Vice Mayor O'Brien Keighran stated that regarding single-family homes, she is hesitant about banning natural gas for cooking. She asked that staff look into incentive programs including rebates to encourage the community to move to all -electric for cooking. Vice Mayor O'Brien Keighran voiced concern with electric water heating for multi -family buildings. She explained that she would like to learn more about electric water heating and what is available to developers. Vice Mayor O'Brien Keighran echoed Councilmember Colson's concerns about electric fireplaces. Vice Mayor O'Brien Keighran asked staff to conduct a survey through the e-newsletter to ascertain how the community feels about all -electric versus natural gas, the variety of options that were presented, and what exemptions people felt the City should offer. Mayor Beach asked if the reach codes would only apply to brand new construction. CDD Gardiner replied in the affirmative. He stated that the staff would want to clarify what is meant by new construction. He noted that currently in the City's code, new construction is considered 50% or more of the replacement value. Therefore, new construction might include a second story addition, and he believed that the reach 6 Burlingame City Council February 18, 2020 Approved Minutes code's intent was to focus on ground up construction. Mayor Beach thanked staff, developers, and the community for engaging in this conversation. She stated it makes a difference to her that the reach codes being considered apply to new construction, not remodels. She noted that she leaned into all -electric with no natural gas for cooking in single family homes, multi- family buildings, and commercial. She explained that she believed big development is hard for the community, but if the City could tell the community that the new commercial building is 100% green, it would go a long way. She noted that she could see an exemption for hospitals. Mayor Beach stated that the North Rollins Road neighborhood could be a shining example of a green neighborhood. Councilmember Colson stated that if the City is going in the direction of eliminating natural gas and not providing exceptions for cooking, then it should be for remodels too. She discussed incentivizing people through streamlined permitting or through rebates. Councilmember Brownrigg talked about his own experience with building a house and the amount of time they lost because of PG&E doing gas deconstruct and reconstruct. He stated that if someone had told him he could save three to four months in construction by going all -electric, he would have. Councilmember Brownrigg stated that he would be willing to reduce residential impact fees to help compensate developers for taking on new technology. City Manager Goldman stated that there didn't seem to be a consensus from the Council on direction. Therefore, she explained that staff would review Council's comments and come back with a staff report. Mayor Beach stated that she believed she did hear three in favor of all -electric even for cooking on new construction. City Manager Goldman replied in the affirmative but noted that Council had asked for additional information on several issues. Vice Mayor O'Brien Keighran asked that developers for single-family homes, multi -family buildings, and commercial buildings attend the next meeting that this matter is agendized. City Manager Goldman stated that staff would reach out to developers in the community. Councilmember Colson asked if she was correct that the two projects in the pipeline on Rollins Road wouldn't be under the City's reach code if adopted. City Attorney Kane replied in the affirmative and explained that plans that have been deemed complete under the existing zoning provision would be going through the pipeline on the existing code. 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers at 7:27 p.m. 7 Burlingame City Council February 18, 2020 Approved Minutes 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Mayor Beach. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Beach reviewed the upcoming events taking place in the city. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Beach asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Vice Mayor O'Brien Keighran recused herself from 8b. Councilmember Brownrigg pulled item 8i. Councilmember Brownrigg made a motion to approve 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, and 8j; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0 (with the note that the vote on item 8b was 4-0-1 as Vice Mayor O'Brien Keighran recused herself from this item). a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR FEBRUARY 3, 2020 City Clerk Hassel -Shearer requested Council approve of the City Council Meeting Minutes for February 3, 2020. b. ADOPTION OF A RESOLUTION RECOGNIZING THE IMPORTANCE OF THE 2020 CENSUS AND ENCOURAGING RESIDENTS OF THE COUNTY OF SAN MATEO TO PROMOTE AND COMPLETE THE CENSUS TO ENSURE A FAIR, ACCURATE, AND COMPLETE COUNT 8 Burlingame City Council February 18, 2020 Approved Minutes Vice Mayor O'Brien Keighran recused herself from voting on this item as she drafted the Census resolution for the San Mateo County Board of Supervisors. City Clerk Hassel -Shearer requested Council adopt Resolution Number 018-2020. c. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO RANGER PIPELINES, INC. FOR THE FY 2019-20 CITYWIDE SANITARY SEWER IMPROVEMENTS PROJECT IN THE AMOUNT OF $1,086,420, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH BELLECCI 7 ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $150,121 DPW Murtuza requested Council adopt Resolution Number 019-2020 and Resolution Number 020-2020. d. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO VALENTINE CORPORATION FOR THE 1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATIONS FLAP GATES REPLACEMENT PROJECT IN THE AMOUNT OF $229,369 DPW Murtuza requested Council adopt Resolution Number 021-2020. e. ADOPTION OF AN ORDINANCE REZONING PROPERTY FROM C-1 TO R-4 FOR A NEW SIX -STORY, 150-UNIT RESIDENTIAL APARTMENT DEVELOPMENT LOCATED AT 1095 ROLLINS ROAD (FATTORIA E MARE SITE) CDD Gardiner requested Council adopt Ordinance Number 1973. f. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE PLANNING COMMISSION City Manager Goldman requested Council open the nomination period to fill one vacancy on the Planning Commission. g. APPROVAL OF OUT-OF-STATE TRAVEL FOR THE MAYOR, CITY MANAGER, AND PUBLIC WORKS DIRECTOR RELATED TO FEDERAL ADVOCACY FOR A BROADWAY GRADE SEPARATION PROJECT GRANT City Manager Goldman requested Council approve of out-of-state travel for the Mayor, City Manager, and Public Works Director related to federal advocacy for a Broadway Grade Separation Project Grant. h. ADOPTION OF A RESOLUTION OF SUPPORT FOR THE CITY'S APPLICATION FOR $125 MILLION FROM THE U.S. DEPARTMENT OF TRANSPORTATION INFRASTRUCTURE FOR REBUILDING AMERICA (INFRA) DISCRETIONARY GRANT PROGRAM 9 Burlingame City Council February 18, 2020 Approved Minutes City Manager Goldman requested Council adopt Resolution Number 022-2020. i. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH W-TRANS FOR ENGINEERING DESIGN SERVICES FOR THE OAK GROVE AVENUE AND CAROLAN AVENUE TRAFFIC SIGNAL AND RELATED INTERSECTION IMPROVEMENTS IN THE AMOUNT OF $129,250 Councilmember Brownrigg stated that he received input on this item from a member of the public that believes the City is on the wrong track with regards to the intersection at Oak Grove Avenue and Carolan Avenue. He asked about next steps for this project. DPW Murtuza stated that staff conducted a preliminary traffic analysis to review options to address the traffic impact at the intersection. He explained that in order to improve the flow of traffic across the railroad tracks, it was suggested that traffic signals be installed. Councilmember Brownrigg asked where the City was in the process of the project. DPW Murtuza stated that the project was discussed at the Traffic, Safety & Parking Commission, and the Commission unanimously supported moving forward with installing traffic signals. He explained that staff would be designing and implementing the project. Councilmember Brownrigg asked if a hearing on the item was conducted at the Traffic, Safety & Parking Commission and if members of the public were given an opportunity to speak. DPW Murtuza replied in the affirmative. Mayor Beach asked if she was correct that the staff report isn't for consulting services but for the final design of the traffic signals. DPW Murtuza replied in the affirmative. Mayor Beach asked if westbound on Oak Grove would be addressed in this project. DPW Murtuza replied in the affirmative. Councilmember Ortiz thanked the City for improving the intersection as he has long complained about it. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 023-2020; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LOS LOZA LANDSCAPING FOR THE INSTALLATION OF THE MURRAY NATURAL PLAYGROUND FOR $228,000, CITY PROJECT NO.85400 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 024-2020. 10 Burlingame City Council February 18, 2020 Approved Minutes 9. PUBLIC HEARINGS a. REOUEST FOR AMENDMENT TO A CONDITIONAL USE PERMIT TO ADD SALES OF ALCOHOLIC BEVERAGES TO A MINI -MART AT AN EXISTING GASOLINE SERVICE STATION AND A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN) PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, RELATED TO A REOUEST FOR A TYPE 20 (OFF -SALE BEER AND WINE) ALOCHOLIC BEVERAGE SALES PERMIT ISSUED THROUGH THE CALIFORNIA ALCHOLIC BEVERAGE CONTROL BOARD (ABC), AT 1147 ROLLINS ROAD CDD Gardiner stated that Gladys and Gus Greco, owners and operators of Gus 76, submitted an application for an amendment to the conditional use permit for a mini mart located at 1147 Rollins Road. The amendment is to allow the sale of alcoholic beverages, beer and wine, for off -site consumption. CDD Gardiner stated that the application will require the determination of Public Convenience and Necessity ("PCN") to sell beer and wine for off -site consumption. He explained that the PCN must be reviewed and acted on by the Council. He stated that the Burlingame Police Department reviewed the application for the license, and the findings are included with the staff report. He explained that the Police Department supports a finding of "public convenience and necessity" based, in part, upon the following findings: • A review of the police -related calls for service at Gus 76 showed minimal calls • Gus 76 provides a variety of other grocery and sundry items to serve residents and visitors • There are no parks or schools in the area The Police Department recommended five conditions be forwarded to ABC for its consideration prior to issuance of the license (while not specifically stated at the meeting, the Council discussed the recommendations, and therefore they have been included below): 1. The licensee(s) shall be responsible for maintaining, free of litter, the area in front of and adjacent to the premises over which they have control. 2. Graffiti shall be removed from the premises and all parking lots under the control of the licensee(s) within seventy-two hours of application 3. The exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 4. Electronic video surveillance shall be maintained at the premises, minimally covering entrances and exits. Footage shall be maintained for at least 30 days. 5. Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful business") is prohibited on any sidewalks or property on any sidewalks or property adjacent to the licensed premises under the control of the licensee(s). CDD Gardiner stated that the Planning Commission reviewed the application on January 13, 2020, and recommended approval. He added that the Planning Commission agreed with staff s suggestion to remove the condition that restricted the sale of hot food to be sold as typical of convenience markets. 11 Burlingame City Council February 18, 2020 Approved Minutes Councilmember Colson asked if there were any other potential merchants in that area that might request a license to sell alcohol. CDD Gardiner stated that based on what is already in existence and what the zoning would allow, he would not foresee additional requests. Councilmember Colson asked if Peninsula High School was considered in the proximity of the mini mart. CDD Gardiner stated that he didn't know the exact location of the high school but believed it was outside the range. Councilmember Colson asked if any of the merchants on Broadway expressed concern over this application. CDD Gardiner stated that per the code, staff sent notices to properties within 300 feet of the area and therefore didn't include Broadway. Accordingly, while he hadn't received any comments from Broadway, he was unsure if they knew of the application. Mayor Beach discussed the condition that the sale of beer and wine be for off -site consumption. She noted that this meant that alcohol wouldn't be consumed, legally, on -site. She asked if this was up to the property owner to enforce. CDD Gardiner replied in the affirmative. Vice Mayor O'Brien Keighran asked if there were an increase in complaints, could the City revoke the license. City Attorney Kane replied that the State regulators are quick to respond to habitual malfeasance, and it would be the State regulating the license. Vice Mayor O'Brien Keighran noted that one of the reasons she felt comfortable with approving the amendment is because the Police Chief has reported that there haven't been many if any issues at the property. She voiced concern that if there was an uptick in issues that the City wouldn't have any say on revoking the license. City Attorney Kane replied that the license is issued by the State, and therefore it is not the City's to revoke. Councilmember Brownrigg stated that this isn't the first time that the City has authorized sale of alcoholic beverages for off -site consumption. He asked about the requirement for electronic video surveillance and if it was a common practice of the City. Police Chief Matteucci stated that it is a standard requirement in the PCNs. He noted that Gus 76 already has video surveillance. Councilmember Brownrigg asked if the defining characteristic for why the Police Chief requires electronic video surveillance is that the store is selling alcohol. Police Chief Matteucci replied in the negative. Councilmember Brownrigg stated that in the future he would like the Council to discuss the City's policy on video surveillance and facial recognition technology. City Attorney Kane explained that when the video surveillance is controlled by a private owner, the police must ask to review the video or obtain a subpoena. Therefore, she noted that there are some protections in place for direct government access. Councilmember Colson discussed the importance of the applicant reviewing drivers' licenses prior to sale of alcohol to ensure that a minor doesn't purchase. 12 Burlingame City Council February 18, 2020 Approved Minutes Mayor Beach opened the public hearing. John Greco, the owner of Gus 76, stated that they have always worked with the Police Department and given them access to their cameras. He discussed the practices that his store has in place to prevent sales to minors and noted that he could lose all three of his licenses if he sold to minors. He thanked the Police, staff, and the Council for their consideration of his application. Mayor Beach closed the public hearing. Councilmember Colson made a motion to adopt Resolution Number 025-2020; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by voice vote, 5-0. 10. STAFF REPORTS a. ADOPTION OF A RESOLUTION APPROVING PERSONNEL CHANGES, AMENDING THE PART-TIME EMPLOYEE SALARY & BENEFIT PLAN, AMENDING THE DEPARTMENT HEAD AND UNREPRESENTED COMPENSATION AND BENEFIT PLAN, AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) HR Director Morrison stated that before Council was a resolution to approve personnel changes in the Community Development, Human Resources, Public Works, and City Manager's Office. She noted that the resolution would also approve amendments to relevant compensation and benefit plans and adopt a salary schedule. HR Director Morrison explained that the City has carefully reviewed all increases in staffing levels in consideration of a financially sustainable level of staffing that is adequate to meet the ever-increasing demands on City staff time. She noted that the Council has approved conservative increases in headcount while being mindful of budget impacts, unfunded pension and benefit liabilities, and overall City costs. HR Director Morrison stated that as a result of regulatory changes and an increase in demand for services in transportation, building, planning, and housing, current staffing levels are inadequate to deal with the workload. She added that human resources staffing is inadequate to attract, retain, develop, and support the workforce. HR Director Morrison stated that Assembly Bill 5 went into effect on January 1, 2020. The legislation requires the City to adopt new standards for the use of contract labor. AB 5 assumes an individual is an employee rather than a contractor unless a strict test is satisfied. HR Director Morrison explained that City Attorney Kane and she conducted a Citywide analysis of the current uses of contractor staff and determined many of the contractors the City currently uses, particularly in Building and Planning, do not meet the new standard. As a result, these contractors will be unable to provide contract services for the City under the new regulations, and permanent staff will need to be hired. She explained that the decrease in budget costs will help offset the cost of hiring new staff. 13 Burlingame City Council February 18, 2020 Approved Minutes HR Director Morrison stated that she reviewed long-term casual employees who have been with the City for many years. She explained that these positions support Council goals and initiatives (for example the Sustainability Coordinator and the Assistant to the City Manager). Therefore, she identified three casual positions that are not temporary and should be reclassified to regular part-time positions. HR Director Morrison stated that the proposed changes will increase the City's workforce by 2.25 FTEs. The positions are deemed necessary to effectively carryout the City's priorities and meet the City's service level needs. Councilmember Brownrigg asked for clarification on how 2.25 FTEs equates to an annual budget impact of $550,000. HR Director Morrison stated that in reality it's a budget impact of 6.75 FTEs. She explained that the contractors that currently exist will be replaced with FTEs, and with that there will be pension and benefit costs. She noted that the City would be adding a Senior Public Works Inspector, Program Manager, and a Human Resources Analyst. City Manager Goldman stated that on pages four to five of the staff report there is a summary of all the changes to positions. She reviewed the different positions that are being affected under the AB 5. Mayor Beach asked about the process for some of the positions and whether the positions would be announced or if the contract employees would be slotted into the positions. HR Director Morrison replied that the City's recruitment process would be followed. City Manager Goldman added that the City conducts oral boards, written tests (when necessary), and interviews for all positions. Councilmember Brownrigg asked if the City was upscaling employees as a result of AB 5. City Manager Goldman replied in the negative. She explained that a few things were happening to ensure the City's compliance with the law including: • taking existing temporary employees and making them permanent part-time employees • adding 2.25 FTE new employees. • converting the contract labor positions into permanent full-time positions. Vice Mayor O'Brien Keighran stated that AB 5 may have forced other cities to hire new people and cost a lot of money. Councilmember Colson asked if the net cost is $550,000. HR Director Morrison replied in the affirmative. Councilmember Colson asked if this was after the reduction in contract costs. HR Director Morrison replied in the affirmative. City Manager Goldman stated that she was just at the statewide City Managers' meeting, and AB 5 was a main topic as a lot of people are trying to figure out how to handle this issue. Mayor Beach opened the item up for public comment. No one spoke. 14 Burlingame City Council February 18, 2020 Approved Minutes Vice Mayor O'Brien Keighran made a motion to adopt Resolution Number 026-2020; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS a. MAYOR BEACH'S COMMITTEE REPORT b. COUNCILMEMBER COLSON'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Councilmember Ortiz stated that Congresswoman Speier proposed legislation that would give airports more control over flight operations. He asked that Council agendize a discussion for a resolution in support of her legislation. The Council agreed to agendize the matter. Vice Mayor O'Brien Keighran asked about scheduling the discussion on short-term rentals. Staff advised Council that they are fitting it into the queue with other items that require urgent attention. 13. ACKNOWLEDGEMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees are available online at www.burlin ag me.org. 14. ADJOURNMENT Mayor Beach adjourned meeting at 8:21 p.m. in memory of Sandy Towle. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 15 Burlingame City Council February 18, 2020 Approved Minutes