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HomeMy WebLinkAboutMin - CC - 2020.03.16CITY O BURLINGAME $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on March 16, 2020 STUDY SESSION a. CONSIDERATION OF COMMUNITY BENEFIT ZONING FOR THE BAYFRONT COMMERCIAL LAND USE DISTRICT City Council held a Study Session at 6:15 p.m. considering community benefit zoning for the Bayfront Commercial Land Use District. 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 7:02 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by former Mayor Joe Galligan. 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. 1 Burlingame City Council March 16, 2020 Approved Minutes 7. PUBLIC COMMENT Burlingame resident Madeline Frechette voiced her concern about bicycle safety in the City. (Comment received via email at publiccomment@burlingame.org). 8. CONSENT CALENDAR Mayor Beach asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were removed. Councilmember Ortiz made a motion to adopt the Consent Calendar; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by voice vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR MARCH 2, 2020 City Clerk Hassel -Shearer requested Council approve the Meeting Minutes for March 2, 2020. b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KTGY FOR PREPARATION OF THE NORTH ROLLINS ROAD SPECIFIC PLAN IN A NOT TO EXCEED AMOUNT OF $292,305 CDD Gardiner requested Council adopt Resolution Number 028-2020. c. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR PRIVATE DEVELOPMENT PROJECTS IN THE AMOUNT OF $750,000 DPW Murtuza requested Council adopt Resolution Number 029-2020. d. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE LIBRARY BOARD OF TRUSTEES City Manager Goldman requested Council open the nomination period to fill the two vacancies on the Library Board of Trustees. e. ADOPTION OF A RESOLUTION ALLOWING SARES REGIS GROUP TO SUBMIT A PLANNING APPLICATION INCLUDING A PORTION OF CITY PARKING LOT E AND DIRECTING STAFF TO NEGOTIATE AN AGREEMENT CONFERRING ACCESS RIGHTS TO THE PROPOSED DEVELOPMENT AT 220 PARK ROAD City Attorney Kane requested Council adopt Resolution Number 030-2020. 2 Burlingame City Council March 16, 2020 Approved Minutes 9. PUBLIC HEARINGS There were no public hearings. 10. STAFF REPORTS a. UPDATE ON COVID-19 AND GOVERNOR NEWSOM'S EXECUTIVE ORDER N-25-20 WHICH AUTHORIZES LOCAL LEGISLATIVE BODIES TO HOLD PUBLIC MEETINGS VIA TELECONFERENCE City Manager Goldman stated that on March 4, 2020, Governor Newsom declared a State of Emergency in response to the Novel Coronavirus outbreak. She explained that Coronavirus has been deemed by the World Health Organization ("WHO") to be a pandemic. City Manager Goldman discussed Governor Newsom's Executive Order N-25-20. She explained that the Order did the following: • Waived the one week waiting period for unemployment applicants and disability insurance applicants that are unemployed or disabled as a result of COVID-19. • Delayed the deadline for State tax filing by 60 days • Directed individuals to follow public health directives and cancel all large non -essential gatherings (She noted that since the Order was issued, a lot more restrictions have been implemented) • Readies the State to commandeer hotels and other suitable facilities for temporary residences and medical facilities for quarantining or isolating individuals • Allows State and local legislative bodies to hold meetings via teleconference City Manager Goldman discussed "Flatten the Curve." She explained that the healthcare community expects a spike in virus outbreak, and there are not enough hospital beds, ventilators, and medical personnel to deal with the spike in cases. Therefore, the public is being asked to "Flatten the Curve" to ensure that the healthcare community has what it needs to take care of the public. City Manager Goldman stated that some of the passengers from the Grand Princess Cruise are in a hotel in San Carlos. She noted that this was done at the request of the State. City Manager Goldman stated that she has been on regular conference calls set up by the County Manager concerning Coronavirus and the County Health Department's guidelines. She noted that the City takes its marching orders from County Health. She explained that at 1:00 p.m. on March 16, 2020, the County along with five other counties (Alameda, Contra Costa, Marin, San Francisco, and Santa Clara) issued a shelter -in place order. She noted that information about this order and COVID-19 are on the City's website: www.burlin-a�g. She discussed essential services that would still be open during the shelter -in place. City Manager Goldman stated that some restaurants in Burlingame would be open for takeout and delivery. She added that staff would be putting up information on the City's website about which restaurants were open for takeout. Burlingame City Council March 16, 2020 Approved Minutes City Manager Goldman stated that during the previous weekend, the State allowed gatherings of 50 or fewer people, but the County is recommending no gatherings. City Manager Goldman stated that starting March 17, 2020, City Hall will be closed to the public. She reviewed measures that staff was putting in place: • Water bills can be paid online, via mail, or dropped in one of the boxes outside of City Hall • Have a question— email info&burlin-a�g or call 650-558-7200 • The libraries and Parks and Recreation are closed • The Police Department will be closed to the public, but if the public needs assistance, call 911 for an emergency and 650-777-4100 for non -emergencies • For broken water mains, leaks, sewer, or street and sidewalk issues, the public can call 650-558-7670 • For tree emergencies, the public should call 650-777-4100, and if it isn't an emergency, call 650-668- 7330 and leave a message • Subpoenas and claims can be emailed to the City Clerk at mhasselshearer(&,burlin ag me.org. Vice Mayor O'Brien Keighran asked if the City had www.cmo.smc og vor /g eoc on the website. City Manager Goldman replied that she would put this link on the City's website. Vice Mayor O'Brien Keighran stated that if people have any questions about Coronavirus they should call the County's call center at 211. Councilmember Colson stated that landscapers and construction workers have called her to ask if they are considered essential workers. City Manager Goldman replied that landscapers are not considered essential. She explained that there is some discussion at the County level about what is considered essential for construction. She stated that the County's Order states that government construction and affordable housing are essential. She noted that there is a discussion among the County Manager, County Counsel, County Health Officer, and other counties about whether the order applies to non -affordable housing construction. City Attorney Kane noted that the exception to these rules is if there is a life safety issue where work needs to be done. Councilmember Colson stated that she received calls from community members that wanted to volunteer. City Manager Goldman stated that individuals that want to volunteer should call 211. Vice Mayor O'Brien Keighran stated that the need for volunteers was discussed at the County level, and that protocols and guidelines are being drafted. Mayor Beach stated on the elected officials' conference call it was made clear that the shelter -in -place order could go longer than April 7. Mayor Beach asked if there was any updated data on the number of confirmed cases in the County. City Manager Goldman stated that as of March 16, 2020, there were 41 confirmed cases and one death. She 4 Burlingame City Council March 16, 2020 Approved Minutes added that there is limited COVID-19 testing available in San Mateo County. She explained that individuals need to first go on www.projeetbaseline.com to qualify for testing. Vice Mayor O'Brien Keighran added that individuals should alert their primary care physicians if they want to get tested. Mayor Beach opened the item up for public comment. Burlingame resident Sandra Lang voiced concern about senior citizens in the community during the shelter - in -place. (Comment received via publiccomment@burlingame.org). Burlingame resident Ms. Lee wrote about the importance of a shelter -in -place during the COVID-19 outbreak. (Comment received via publiccomment@burlingame.org). Mayor Beach closed public comment. Councilmember Brownrigg thanked the City Manager for getting the City reoriented in such a short period of time. He asked if the City would be canceling Planning Commission and other City meetings. City Manager Goldman stated that the City would be canceling the next Planning Commission meeting. She noted that all other City commission and board meetings would be canceled during the current shelter -in - place. She stated that the next Council meeting was April 6, and staff would decide how to handle that meeting closer to the meeting date. Councilmember Brownrigg stated that the City may have to hold meetings online. Councilmember Brownrigg gave an update from SBWMA explaining that garbage collection would continue. He noted that a potential constraint on garbage collection is that the Recology drivers are very skilled and in short supply. Therefore, if an outbreak does hit at Recology, it could cause delays in collection. Councilmember Brownrigg stated that Council and staff should begin discussing how the City will economically come out of this situation. He explained that the City's economy would take a big hit, and therefore the more the City can do to soften the blow the better. He suggested that during the shelter -in - place: • City stop issuing parking tickets • City should provide assistance to commercial businesses such as subsidizing food delivery • City should consider reaching into its reserves to donate funds to CALL Primrose and Samaritan House City Manager Goldman stated that Grubhub and DoorDash are waiving their commissions in order to make it easier for restaurants to participate. 5 Burlingame City Council March 16, 2020 Approved Minutes Councilmember Colson discussed the calls she received from the community about parking enforcement. She stated that she agreed with Councilmember Brownrigg that the City shouldn't issue parking tickets during the shelter -in -place. Councilmember Colson discussed the need to assist local businesses and that she had reached out to property management companies. She explained that in speaking to investors, she was informed that the margins on hotels, restaurants, and airlines are so thin that many will be bankrupt. She stated that she spoke with some of the local restaurant owners that were cleaning out their kitchens, closing their doors, and laying off their staff so that they could apply for unemployment. She suggested that the Economic Development Subcommittee reach out to the commercial landlords and explain the situation to see what can be done. Councilmember Colson stated that she supported Councilmember Brownrigg's suggestion to provide additional assistance to CALL Primrose and Samaritan House. Councilmember Colson stated that the City would need to start looking at some stress test scenarios for the budget. She noted that she believed this situation would be economically more difficult than 9/11. She stated that while 9/11 was a one -day shock (with extended flight closures), the Coronavirus pandemic was shutting down all business for weeks. She noted that the stock market was declining, and therefore the City would have to see how it impacts pension liabilities. She stated that the City might need to lobby the League of Cities to talk to the Governor about the pension liability impact. Vice Mayor O'Brien Keighran stated that the County is talking to SAMCEDA President Roseanne Faust about how best to assist local businesses during the shelter -in -place. City Manager Goldman stated that SAMCEDA has a robust website with resources for local businesses. She noted that she sent this out to the business districts and the Chamber of Commerce. Mayor Beach stated that public transportation will still be running during the shelter -in -place, but it is important that people only use it for essential services. She asked that the public not hoard supplies in order to allow for people to purchase what they need. She added that if the City was able to, she would like to see facilities opened to provide childcare services for first responders. Mayor Beach stated that she was grateful for BNN and the training they provide to the community. She stated that on the electeds' conference call, there seemed to be some movement from the Governor to put a stay on evictions and foreclosures. City Manager Goldman stated that the Governor just issued a new executive order that staff will review and then brief Council on. Councilmember Brownrigg asked what the City Manager's signing authority is. City Manager Goldman replied that it is $100,000. City Attorney Kane added that at the special meeting immediately after this meeting, staff is asking Council to declare a Local Emergency, which will increase the City Manager's signing authority. 6 Burlingame City Council March 16, 2020 Approved Minutes Councilmember Colson asked that the City consider putting a subcommittee together to start reviewing the impact COVID-19 will have on the budget. City Manager Goldman stated that this should be discussed after staff gets back into City Hall. She noted that some jurisdictions are rolling over their budgets into the next fiscal year. She stated that while this isn't what the City is planning to do, it could get to that point. She added that the City has a large unassigned fund balance that will assist during the shelter -in -place. Councilmember Colson stated that she was worried about the major CIP projects. City Manager Goldman stated that even if the Council approves CIP funds, the City doesn't have to spend those funds. She stated that at any point before the City issues a request for bids and signs a contract, the City can decide the project isn't timely. Councilmember Brownrigg stated that he was concerned about the City being nimble over the next three weeks. He explained that it might be useful to have a subcommittee that is available to the City Manager to authorize expenses. He discussed the potential need to assist local organizations that provide assistance to the community in the immediate future. City Manager Goldman stated that the City has its normal community funding process, but if the Council wants to accelerate the process, that could be done City Attorney Kane stated that once the City has more information, staff could schedule a special meeting. However, she explained that the Council could give direction for immediate aid assistance to local organizations. She added that if Council declares a Local Emergency, the City Manager is the Director of Emergency Services for the City, and she will have significant authority to direct aid to agencies. City Attorney Kane stated that the Council could state that the City Manager is authorized to provide up to $30,000 in emergency community aid to community nonprofits at her discretion and subject to the availability of appropriate staff to cut the check. Councilmember Ortiz made a motion to authorize the City Manager to provide up to $30,000 in emergency community aid to community nonprofits at her discretion and subject to the availability of staff; seconded by Councilmember Colson. Councilmember Brownrigg asked if the motion could be expanded to waive parking tickets for the duration of the shelter -in -place. Councilmember Ortiz asked if parking enforcement officers are considered essential. Police Chief Matteucci replied in the affirmative. He explained that parking enforcement officers assist with traffic control at accidents and monitor traffic in the downtown areas. He requested that if the Council decides to waive parking tickets, he be given direction on enforcement of handicap spaces, loading zones, red zones, and 24- minute parking spaces. Councilmember Ortiz suggested that the Police Department not enforcement parking regulations at all metered spaces in the business districts during the shelter -in -place. Councilmember Ortiz stated that he would like to amend his motion to include waiving parking enforcement in the two business districts. 7 Burlingame City Council March 16, 2020 Approved Minutes Mayor Beach stated that she didn't think this was an appropriate time for the Council to decide on parking enforcement. She explained that staff needed time to review the issue and its potential impacts. Councilmember Ortiz stated that he understood the Police Chief s concerns, but if the waiver is made narrow enough so that it only covers meters and not loading zones or handicap spaces, he would be comfortable moving forward with a waiver. Vice Mayor O'Brien Keighran stated that she agreed with Councilmember Ortiz. She explained that ticketing is usually to encourage turnover. However, because the public is only allowed essential services, there won't be a need to encourage turnover. Mayor Beach stated that it sounded like the motion on waiving parking enforcement was for the two business districts at any metered space, but that enforcement would still occur for loading zones, red zones, and handicap spaces. Police Chief Matteucci suggested lifting the parking enforcement on 24-minute or 30-minute spaces. The Council agreed. The motion passed unanimously by voice vote. b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HOUSEKEYS, INC. FOR ADMINISTRATION OF THE CITY OF BURLINGAME BELOW MARKET RATE HOUSING PROGRAM IN A NOT TO EXECEED AMOUNT OF $150,000 OVER A ONE YEAR PERIOD CDD Gardiner stated that staff recommends that the Council adopt a resolution authorizing the City Manager to execute a professional services agreement with HouseKeys, Inc. for administration of the below market rate housing program in Burlingame. CDD Gardiner stated that the City has been working with HouseKeys since 2017 on the management of the existing affordable units in Burlingame. He stated that with new units coming on line this year, the City needs to expand HouseKeys' scope of work to establish a more comprehensive program. CDD Gardiner reviewed the workplan for the first year: • Program update (one-time fee of $30,000) • Software update (one-time fee of $6,000) • Day to day administration ($60,000 for first year) • Portfolio management (included in first year cost) • Compliance and loss mitigation (included in first year cost) CDD Gardiner explained that HouseKeys will create a webpage providing a comprehensive online application process for interested applicants. He stated that in the first year, HouseKeys will also undertake 8 Burlingame City Council March 16, 2020 Approved Minutes marketing, outreach, and 12 educational workshops. He added that HouseKeys will also undertake an annual compliance review of the below market rate units. Councilmember Ortiz stated that he received complaints about HouseKeys management of a unit at 1321 El Camino Real. He explained that he heard concerns about the responsiveness of HouseKeys and noted that the unit had been up for rent for more than a year. CDD Gardiner stated that he wanted to give Julius Nyanda a chance to speak on this matter. HouseKeys CEO and Program Manager Julius Nyanda stated that in reference to the 1321 El Camino Real unit, there is about a $100 to $200 difference between fair market rent and the below market rate rent. He stated that the challenge is even though that is the maximum amount that the owner can charge, it's not the minimum amount. He explained that over the past 1.5 years, there have been 95 applicants, and either the tenant applicant didn't like the owner, or the owner didn't like the tenant applicant. He noted that HouseKeys has discussed with the owner that if they want to make the property attractive, they can lower the rent, but they've opted out of this option. Mayor Beach asked what the AMI is for that unit. Mr. Nyanda stated that it had been set at $3, l 00. Councilmember Colson asked if HouseKeys would let the City know if it gets to a point when the AMI is above the market rate. She gave the example of if the market rate for a two -bedroom is $2,800 a month but the AMI is $3,100. Mr. Nyanda replied in the affirmative. He stated that it is important to keep in mind that San Mateo County incomes have gone up significantly in the last two years, almost 18% to 25%, which had a negative impact on the rental charts. He noted that in these situations, either the property owner has to lower the rent, or the City has to extend the income limits, so that instead of 120% AMI it could be 150% AMI. Councilmember Colson asked what the process is by which HouseKeys lets the City know that there is an issue. Is it by unit or more in general? Mr. Nyanda stated that it is by unit. Councilmember Colson asked if Council could give staff the authority to increase the AMI range for units that have been on the market for more than a set amount of time. Mr. Nyanda replied in the affirmative and stated that this authority should be outlined in a resolution. CDD Gardiner stated that moderate income is 120% of AMI. He noted that from previous discussions, staff has heard that moderate income could go up to 150% of AMI. Councilmember Colson stated that at a community meeting, State Senator Weiner explained that certain groups of people were getting disenfranchised from the process because the applications are online. She stated that she could see seniors having a hard time filling out the applications. Mr. Nyanda stated that HouseKeys works with community organizations such as churches and nonprofits to reach as many people as possible. 9 Burlingame City Council March 16, 2020 Approved Minutes Vice Mayor O'Brien Keighran asked if the unit at 1321 El Camino Real was an exception, or had HouseKeys had other units sit on the market for a long period of time. Mr. Nyanda stated that 1321 El Camino Real was the exception. He stated that there are approximately 1100 ownership units under management and about 500 rental units. He noted that they tend to turn very quickly. Councilmember Brownrigg asked that the language be corrected to state: "moderate up to 120% AMI" instead of "moderate 120% AMU' CDD Gardiner replied in the affirmative. Councilmember Ortiz asked what metrics are used to measure the success of the program. CDD Gardiner stated that staff would be looking at HouseKeys' ability to rent the units, monitoring the qualifications of the households, and looking at whether individuals stayed in their units. Mr. Nyanda stated that the entire process will be tracked, and HouseKeys would give the Council updates. Vice Mayor O'Brien Keighran asked what the turnover rate is on below market rate units. Mr. Nyanda stated that turnover is low at 3% to 5%. Vice Mayor O'Brien Keighran asked if an individual goes over the AMI limit, does HouseKeys help them find a different unit. Mr. Nyanda replied in the affirmative and added that HouseKeys would need Council direction to do this. Mayor Beach reviewed the process of applying for a unit. She explained that the individual first becomes qualified for the program through an online application, and then the individual would enter the lottery for the unit they are interested in. She asked if there was an office that an individual could go to for one-on-one assistance from HouseKeys. Mr. Nyanda replied in the negative. Mayor Beach asked what the notification requirement is to alert a tenant that the unit's below market rate status is expiring. Mr. Nyanda stated that it is three months. Mayor Beach opened the item up for public comment. SummerHill representative Elaine Breeze stated that the Anson development includes below market rate units. She explained that she wanted to confirm that SummerHill is able to either opt out of HouseKeys' services or work with HouseKeys to develop a reduced scope and therefore a reduced fee. She explained that these services are provided by SummerHill's property management company at no additional cost to SummerHill. Mr. Nyanda stated if a city wants to allow development companies to opt out of HouseKeys services, the development company would handle the underwriting and processing on their own. He added that HouseKeys would continue to handle the marketing and application process. Councilmember Brownrigg stated that it was important to have quality control and uniform reporting on this process. Therefore, he explained that while h respected the developer's right to have costs in-house, he wanted to ensure that the datasets were uniform. 10 Burlingame City Council March 16, 2020 Approved Minutes Mayor Beach closed public comment. Councilmember Colson stated that she agreed with her colleagues that there should be one application for all below market rate units in the City. She explained that as long as that is the case, she is good with SummerHill running its own program. Councilmember Brownrigg made a motion to adopt Resolution Number 031-2020; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. c. DISCUSSION OF REPRESENTATIVE JACKIE SPEIER'S AVIATION LEGISLATION AND DETERMINATION OF NEXT STEPS City Manager Goldman stated that this item came up under future agenda items in February. She noted that Representative Speier introduced several bills that are all pending before the House Transportation and Infrastructure Committee concerning the airport noise issue. City Manager Goldman stated that if the Council decides to send a letter of support, she suggests either creating a subcommittee or having her work with Councilmember Ortiz, the City's representative on the Airport Land Use Committee, on the letter. Councilmember Ortiz stated that he felt strongly about four of the bills introduced by Representative Speier. • HR 5106 REST Act — He stated that he found out at the Airport Land Use Committee meetings that a lot of the flight schedules for SFO are established because of the curfews at other airports. • HR 5107 SNORE Act — He stated that this bill provides funds for insulation programs for homes in specific areas around the airport. • HR 5108 SHHH Act — He stated that this bill deals with the flight pattern of airplanes taking off northbound and making an immediate western turn that has them going over the peninsula cities. He stated that they have requested that FAA review this procedure and take the planes further north. • HR 5112 LEAVE Act — He stated that this bill concerns ground -based noise. Vice Mayor O'Brien stated that the verbiage in the REST Act is not very strong. She explained that the bill states: "allows airports voluntarily to impose a curfew." She stated that she didn't believe the language was strong enough to ensure that SFO would impose a curfew. Councilmember Ortiz stated that it was a matter of making the bill more palatable in order to get it passed. Vice Mayor O'Brien Keighran suggested strengthening the language or inserting options to create flexibility. Mayor Beach asked if there was some good faith from SFO that they would be willing to consider a curfew. Councilmember Ortiz explained that the airport has been very supportive of a lot of the initiatives of the Airport Land Use Committee. Councilmember Colson voiced her support for Councilmember Ortiz's suggestion. 11 Burlingame City Council March 16, 2020 Approved Minutes Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to authorize Councilmember Ortiz to work with City Manager Goldman to draft a letter in support of Representative Speier's legislation; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. d. ADOPTION OF A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO TRANSITION FROM AT -LARGE TO BY -DISTRICT COUNCILMEMBER ELECTIONS AND AUTHORIZING A SETTLEMENT/TOLLING AGREEMENT WITH POTENTIAL PLANTIFFIS City Attorney Kane stated that the City Council was briefed on this issue in closed session before their last Council meeting. She noted that Council's direction is reflected in the proposed resolution. City Attorney Kane stated that currently councilmembers in Burlingame are elected at -large. This means all Burlingame voters vote for each councilmember. She explained that traditionally, larger cities have been split into districts, with a councilmember representing each district. City Attorney Kane stated that the Federal Voting Rights Act ("FVRA") prohibits racial discrimination in voting and allows for district elections to be used as a remedy. She explained that under the FVRA, the plaintiff would have to show that district elections would improve the representation of the affected minority. City Attorney Kane stated that under the California Voting Rights Act ("CVRA"), the plaintiff has a lower threshold to succeed. A plaintiff in California only has to show that there is racially polarized voting. She explained that this is done by reviewing the Census data and the ethnic makeup of a city to see if it is reflected in the city's elected body. City Attorney Kane state that according to the 2010 Census data, the City is 20% Asian, and the City has never had an Asian American councilmember. She explained that statistically, you would expect one of the councilmembers in the City's history to be Asian American. City Attorney Kane stated that the City received a letter from Shenkman and Hughes. Shenkman and Hughes is a law firm that has approached numerous California cities requesting that they move to district elections. She stated that Shenkman and Hughes alleges that the City has racially polarized voting and that the City should either move to district elections or face litigation. City Attorney Kane stated using the City's facts, litigation is easy for plaintiffs to win. This is because the CVRA doesn't require that the plaintiff show that the City intended to suppress Asian representation. City Attorney Kane noted that no city has ever won with similar allegations. She stated that the cost to defend this lawsuit would be considerable and would include specialized attorneys and demographers. She noted that under the CVRA, if the City loses, it would be on the hook for the plaintiff's attorney fees. She explained that costs have ranged from $1 million up to $20 million in Santa Monica. 12 Burlingame City Council March 16, 2020 Approved Minutes City Attorney Kane stated that if the City does fight this issue and lose, the City will also lose control over how the districts are drawn. She explained that it would be better to have a City run process than allow the courts to draw the district lines. City Attorney Kane stated that because the Council's next election isn't until 2022, the City has some time to undertake a meaningful process. She explained that normally, the City would have a total of 90 days in which to have five public hearings and adopt a map. However, because the City doesn't have an election until 2022, staff was able to reach an agreement with the plaintiff's attorney to wait for the 2020 Census data. City Attorney Kane stated that the resolution authorizes and directs the City Attorney to negotiate and execute a tolling agreement with Shenkman and Hughes to protect the City from CVRA litigation during the transition. She stated that the plaintiff's attorney will have to provide hourly bills showing what settlement amount is justified. City Attorney Kane noted that Shenkman and Hughes's letter identified a council candidate of color that lost in two different elections. She explained that it was important to note that this individual didn't know that their name was being used and didn't initiate this process. Mayor Beach opened the item up for public comment. Former Mayor Joe Galligan stated that he didn't believe the Council should move to district elections and noted that the City should utilize its reserves to fight this case. Burlingame resident Kerbey Altmann asked if candidates must live in the district to be elected in the district. (Comment received via publiccomment(aburlin ag me.org) City Clerk Hassel -Shearer stated that you do have to live in your district to run in your district. Mayor Beach closed public comment. Vice Mayor O'Brien Keighran asked how many cities had been sued and went to court to fight the transition to district elections. City Clerk Hassel -Shearer stated that there have been over 80 cities and districts in California that have received similar letters. She noted that most of the jurisdictions were located in Southern California but that more Northern California cities were receiving these letters. City Attorney Kane noted that virtually all cities have settled before there is a decision to be read. Therefore, there isn't a lot of decisional law on the topic. Vice Mayor O'Brien Keighran asked what the average city spent on defending a CVRA case. City Attorney Kane stated that the average settlement was in the low seven figures. Councilmember Colson stated that Woodside routinely has to recruit individuals to run in their district elections. She explained if Burlingame moved to district elections, each district would have approximately 6,000 voters. She noted that with a 35% voter turnout, a candidate could win a district with fewer than 1,000 votes. She voiced concern about issues become district issues and not City issues. She discussed the big 13 Burlingame City Council March 16, 2020 Approved Minutes items that the City had coming up including affordable housing and the Broadway Grade Separation. She noted that she didn't want to see these become district -focused issues. Councilmember Colson stated that the City should work with Assemblymen Mullin and State Senator Hill to amend the CVRA. She discussed the County measure to move to district elections for the Board of Supervisors. She noted that Representative Speier and Representative Eshoo had cosigned the arguments against moving to district elections. She stated that the City should reach out to them for their help in amending the CVRA. Councilmember Ortiz stated that he agreed with Councilmember Colson. He stated that he found the situation distasteful and that the City was being forced to solve a problem that doesn't exist. Vice Mayor O'Brien Keighran stated that she agreed with her colleagues. She explained that Burlingame is a diverse community and that the residents should vote for all councilmembers. She stated that her main concern is that district elections force councilmembers to focus solely on their district and not the City holistically. Councilmember Brownrigg stated that he didn't believe that district elections were a good idea for the City. He noted that the Council received an email from former Supervisor John Ward opposing the move to district elections. He asked the City Attorney to explain what would happen if the community undertook a citizen initiative against district elections. City Attorney Kane stated that there is a threshold question about whether a referendum on this topic would be allowed on the ballot. She noted that if it did get on the ballot, the City would be in the position of having to defend the lawsuit from Shenkman and Hughes. Councilmember Brownrigg asked if other cities had dealt with referendums on the topic while defending a CVRA lawsuit. City Attorney Kane stated that she was unsure but believed that cities went to court because they wanted to oppose the initial move to district elections. Councilmember Colson made a motion to adopt Resolution Number 032-2020; seconded by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0. e. HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) ON THE IMPLEMENTATION OF THE HOUSING ELEMENT OF THE GENERAL PLAN CDD Gardiner stated that the City's Housing Element was adopted in 2015 and runs through 2023. He explained that each year, the City is obligated to provide the State a report that includes: • Information on the types of housing units that were issued building permits • Information on the City's progress in meeting its regional housing needs allocation • Progress report on implementation of Housing Element programs CDD Gardiner stated that because the State report is just a snapshot in time, the City includes its monthly report, which is the residential projects overview. HE explained that there are 2,326 units in Burlingame that have either been proposed, approved, or are in the foreseeable pipeline (projects on the radar). Of the 2,326 14 Burlingame City Council March 16, 2020 Approved Minutes units in the pipeline, 492 are affordable to moderate -income, low-income, or very low-income households. He noted that this represents about 21 % of the total units. Councilmember Colson asked when the new RHNA assignments would be made. CDD Gardiner replied that they would be made later this year. Councilmember Colson asked what the time period for the assignments would be. CDD Gardiner stated that it would probably be another eight -year cycle (2023-2031). Councilmember Colson asked how the transition works from the RHNA assignments ending in 2023 to the next cycle. CDD Gardiner stated that the assignments tend to roll over. He stated that ABAG and MTC are working on the methodology for the next cycle. He noted that changes to State legislation will constrain the City from rolling over opportunity sites, and the rules are becoming more stringent. Councilmember Colson asked if an opportunity site is a site where a regular developer can come in and build low income housing, or is it a site that the City deems with HUD and a developer that low income housing could be built. CDD Gardiner stated that it is meant for any housing. Mayor Beach asked if it would be appropriate at a later point in the year to dig into the City's RHNA assignment and understand the methodology. CDD Gardiner replied in the affirmative. Vice Mayor O'Brien Keighran asked if staff had any idea what the City's RHNA assignment would be for the next cycle. CDD Gardiner replied that Southern California's RHNA allocations were done first and cites' allocations were two to three times higher than their previous allocations. Therefore, he stated that staff is bracing for substantial increases. He noted that the City's updated General Plan will assist with the new allocation because it creates new neighborhoods and increased the density of other neighborhoods. Vice Mayor O'Brien Keighran asked if housing through HIP Housing's program would be counted towards the City's allocation. CDD Gardiner replied that he was unsure and that he would follow up on this. Vice Mayor O'Brien Keighran stated that she noticed that there was a large increase in ADUs in this cycle and therefore it would be interesting to track those numbers in the future. Mayor Beach opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to accept the 2019 Housing Element Annual Progress Report and authorize its transmittal to the California Governor's Office of Planning and Research and the California Department of Housing and Community Development; seconded by Vice Mayor O'Brien Keighran. The motion passed unanimously by voice vote, 5-0. Councilmember Brownrigg stated that in the future when the City talks about housing statistics, he would like to see the numbers that CDD Gardiner commented on verbally included in the staff report. 15 Burlingame City Council March 16, 2020 Approved Minutes L UPDATE AND DIRECTION ON CITY WORK PLAN FOR WIRELESS SMALL -CELL INFRASTRUCTURE City Attorney Kane began by discussing the numerous rule -making authorities on wireless small -cell infrastructure including: Federal regulations, FCC administrative rule procedures, State laws, and State CPUC rulings. She explained that the City finds itself in a situation where the playing field has changed significantly for wireless cell installations. She noted that when things started, cities had a lot of local control over what kind of installation went up, where it was located, what it should look like, and under what rules. She added that previously the installations were much larger and had a higher radio frequency output. She stated that since then, a significant portion of the small -cell infrastructure has become smaller and has a smaller geographic reach. City Attorney Kane stated that the changes in legislation and small -cell infrastructure have led towards more small antennas with less local control. She explained that the smaller antennas have less of a visual and radio frequency impact. She reviewed the impact of the recent legislation stating that: • The City isn't allowed to consider radio frequency impacts • The City is not allowed to prohibit the installation of small antennas in the public right of way on existing poles • The City can't enact any provision that creates an effective prohibition on a build out of small cell infrastructure • The City has shortened time periods to consider applications and less discretion over the applications • If the City doesn't act on an application within 60 days, some installations will be deemed approved • The City has little ground to stand on in litigation if it fails to meet deadlines and fails to exercise its limited discretion in an effective manner City Attorney Kane stated that previously, the City took a bold stand in favor of local control and took on a wireless carrier. She noted that the City spent several years in litigation. She explained that the City won on the important issue of whether the City can have input on the aesthetics of the small cell infrastructure. City Attorney Kane stated that after this decision, a group of interested community members, Council, staff, and wireless companies wrote the City's existing telecommunications ordinance. She noted that since adoption, a lot of things have changed. City Attorney Kane stated that the ordinance creates the perception that the City can evaluate things that the City isn't allowed to evaluate under Federal law. She explained that the ordinance creates a constant tension where the public expects that the Planning Commission or City Council can do something that can't legally be done. City Attorney Kane discussed the City's work plan in addressing multiple parts of this issue: • Revise the ordinance — to allow installations in the public right of way. She noted that installations in the public right of way will be handled by staff, and larger installations on private properties would still have hearings. • Develop objective aesthetic standards for small cell installations 16 Burlingame City Council March 16, 2020 Approved Minutes • Draft and present to Council for consideration a master license agreement for installations on City - owned light poles City Attorney Kane suggested that the Council create an ad -hoc committee that includes one or more Councilmembers, a Planning Commissioner, Beautification Commissioner, and members of the community. She stated that this committee would hold public meetings to determine what the aesthetic standard should be for small cell installations. City Attorney Kane stated that the Council secured several concessions from AT&T during their Council appeal. She noted that Council asked AT&T to streamline and shrink their installations. She stated that this generated a Burlingame specific design. City Attorney Kane stated that pursuant to a recent FCC ruling, the City can only charge $275 a year to attach to a City pole. She noted that this isn't enough to cover the cost of the staff time to administer this program. City Attorney Kane stated that while $275 wouldn't cover the cost of a smart pole, there are benefits to installing smart poles: • Don't see the antenna • Allows for fiber optic communications for the City • Installation of traffic cameras • Single integrated profile Councilmember Ortiz asked if there is anything to stop the carriers from setting up their own poles. City Attorney Kane stated that this is an actively debated issue. Mayor Beach opened the item up for public comment. Verizon Wireless representative Maureen Cruzen voiced her company's support for creating a master license agreement with the City. (Comment received via publiccomment(d),burlin ag me.org). Mayor Beach closed public comment. Mayor Beach asked her colleagues to discuss the City Attorney's suggestion to create an ad hoc committee to outline aesthetic requirements. Councilmember Brownrigg stated that he would be interested in being on the committee. City Attorney Kane stated that the aesthetic standards have to be reasonable, objective, and published in advance; everyone will know what they are. The Council agreed that a committee should be created. Mayor Beach asked her colleagues about revising the ordinance pursuant to the City Attorney's suggestions. 17 Burlingame City Council March 16, 2020 Approved Minutes City Attorney Kane noted a comment she had received from the public about not wanting the Public Works Department to administer installations of small cell infrastructure in right of ways. She explained that the Public Works Department oversees public right of ways. Mayor Beach asked her colleagues for their opinions about a possible master license agreement and whether the City should pursue smart poles. The Council agreed to explore smart poles and a master license agreement. Councilmember Colson stated that communicating the rules that the City must abide by to the public is going to be an important issue. Mayor Beach agreed with Councilmember Colson. Councilmember Brownrigg asked about Hillsborough's lawsuit. City Attorney Kane stated that she believed Hillsborough was still in settlement negotiations. She explained that Hillsborough has worked out standards that are acceptable to the telecommunications industry. She stated that Hillsborough has not created new ground in terms of the limitations that all other cities are under. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS a. COUNCILMEMBER COLSON'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS There were no future agenda items. 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.burlingame.org. a�g. 14. ADJOURNMENT Mayor Beach adjourned the meeting at 10:13 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 18 Burlingame City Council March 16, 2020 Approved Minutes 19 Burlingame City Council March 16, 2020 Approved Minutes