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HomeMy WebLinkAboutMin - CC - 2021.01.19CITY O BURLINGAME coo � 90 $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on January 19, 2021 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Interim City Attorney Scott Spansail. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2): CLAIMS RELATED TO WASHINGTON PARK TREE INCIDENT, SEPTEMBER 26, 2020 (SEVEN CLAIMS) STAFF IN ATTENDANCE: CITY MANAGER LISA K. GOLDMAN, INTERIM CITY ATTORNEY SCOTT SPANSAIL, AND RETAINED CITY ATTORNEY TODD MASTER Interim City Attorney Scott Spansail stated that direction was given, but no reportable action was taken. 5. UPCOMING EVENTS Mayor O'Brien Keighran reviewed the upcoming events taking place in the city. Burlingame City Council January 19, 2021 Approved Minutes 6. PRESENTATIONS a. BURLINGAME AQUATIC CLUB PRESENTATION Parks and Recreation Director Glomstad introduced Burlingame Aquatics Club ("BAC") Executive Director Rob Gill. Mr. Gill stated that he has been the BAC Executive Director since March 2020. He noted that prior to this position, he was a BAC Coach for four years and has ten years of experience working in aquatics. Mr. Gill stated that BAC's mission is to serve the community by providing excellent aquatic opportunities in a safe and supportive environment for all participants. He explained that BAC is split into two groups: 1. a competitive program that includes adult and youth swim teams and water polo teams, and 2. community programs such as lap swim, recreational swimming, and aqua aerobics. Mr. Gill stated that in May 2018, the San Mateo Union High School District (SMUHSD) scheduled a three- month closure for construction on the pool. He explained that while this was supposed to be a short-term project, when construction began it was determined that there was structural damage to the pool that would require extensive work. Therefore, from fall 2018 to December 2019, BAC moved to satellite locations, and programing was greatly reduced. He noted that with the help of Parks and Recreation, BAC was able to utilize SMUHSD pools. Mr. Gill stated from summer 2018 to December 2019, BAC entered survival mode. He explained that BAC tried to run as many programs as possible, but several became impossible. BAC's pool reopened on January 6, 2020. He added that the Board of Directors began searching for a new executive director at this point, and he was hired on March 7, 2020. Mr. Gill stated that as a result of COVID, the pool was closed on March 13, 2020. He explained that on June 22, 2020, BAC was able to begin using the pool in a limited capacity, and the pool became the first public aquatics facility to open in San Mateo County. He noted that there have been zero COVID incidents or related facility closures. He added that the BAC swim team is currently working with a 100-person waiting list. Mr. Gill reviewed the programs that BAC has resumed since June 22, 2020: • Lifeguard certification • Lap swimming • Aqua aerobics • Water walking • Private lessons He added that BAC is ready to resume the following programs when it is safe again: • Learn to swim • Recreational swim 2 Burlingame City Council January 19, 2021 Approved Minutes Mr. Gill reviewed BAC's finances. He explained that the BAC Swim Team and Age Group Water Polo team supported themselves through the facility closure and up until March 2020. He stated that as a result of COVID and the prolonged closure, BAC had to make staffing cuts. With the help of the City, however, they were able to get pool time at other locations at affordable prices. He noted that BAC received over $78,000 in COVID relief grants and loans. Mr. Gill stated that for many years, the City has supported BAC's community programing with an annual subsidy. He noted that for FY 2020-21, the City has committed to providing up to $200,000 towards operational costs. Councilmember Colson encouraged BAC to be as transparent about their finances as possible to ensure City assistance. She asked what percentage of BAC's budget is covered by the $200,000. Mr. Gill stated that he would need to get back to Council with this information. Councilmember Brownrigg thanked BAC for their efforts to keep the programming operational. Additionally, he thanked the underwriters that are providing financial help to the BAC program. Mayor O'Brien Keighran opened the item up for public comment. BAC Board Member Paul Cousineau further discussed the financials of BAC. He explained that the SMUHSD bills the City a portion of the operational costs, which are paid for utilizing the $200,000. Mayor O'Brien Keighran closed public comment. Mayor O'Brien Keighran thanked BAC for their presentation. b. UPDATES ON LIBRARY SERVICES DURING THE PANDEMIC City Librarian McCulley began by stating how proud he was of Library staff for being able to regroup, reevaluate, and reset in order to provide almost all of the traditional library services during COVID. He explained that the library is down to 24 staff members that are divided into two cohorts. City Librarian McCulley reviewed the library's Circulation Division. He noted that traditionally, this division re -shelves books, issues cards, and handles lost or damaged items. He explained that as a result of COVID, the library is now issuing cards online and conducting curbside pick-up. He added that almost the entire staff is now assisting with this process. City Librarian McCulley reviewed the current curbside pick-up/circulation process: • Incoming materials are quarantined for four days in the Lane Room • 900 hold requests are processed per day versus 100-150 hold requests per day pre -Regional Stay -At - Home Order. • Processing requests for other libraries, with approximately 11,000 outgoing each month 3 Burlingame City Council January 19, 2021 Approved Minutes • Turn around for library pick up requests is within a day • No more overdue fines for library materials • Circulation statistics are the same as prior to COVID City Librarian McCulley reviewed the Children's Division. He explained that staff has undertaken the following projects under COVID: • 88 online story times with a total attendance of 6,393 • STEAM bags with crafts and other activities • Book -Bundles (themes for books: sharing, bugs, princesses, etc.) for children in the community for a total of 10,664 books • Story walk events with four picture books on display in front of City Hall during the summer and late fall and one now in Washington Park • Virtual Homework Center with teens helping children in grades K-81h City Librarian McCulley reviewed the Adult Services Team. He explained that staff has done the following: • Answered over 3,000 phone calls since April on the reference line, which is staffed Monday through Friday from 10:00 a.m. to 4:00 p.m. • Worked to provide Ancestry.com and Consumer Checkbook as remote services for library members • Provided Kanopy access for free to all patrons • Provided 142 online programs during COVID for 1,504 attendees • 78,821 ebooks were borrowed during 2020 City Librarian McCulley reviewed the Library's Technical Services. He explained that during this past year, they have done the following: • Ordered and processed 8,512 books and materials • Ensured that staff had laptops and VPN access • 3D printed 180 face shields and 150 ear savers • Fulfilled hotspot requests for the public to give patrons access to internet services from their homes City Librarian McCulley stated that the Easton Branch closed during the pandemic and has remained closed. He noted that some Easton Branch staff members have assisted the Children's Division with book -bundles and spearheaded a library card drive with all the schools in Burlingame and Hillsborough. City Librarian McCulley discussed the Library's Racial Equity Team, which includes various library staff members. He explained that the equity team received the State Library "California Cultivating Race, Equity, and Inclusion" grant for 2019-2020. He stated they have reviewed internal policies and procedures through an equity lens. Additionally, the equity team has worked with the Board of Trustees to plan future trainings and conducted training with the library staff on: 1) vocabulary around equity work and 2) the 1619 project and the historical context of race and racism in our country. He noted that this team assisted in organizing United Against Hate Week events with community members, recreation staff, and local educators. 4 Burlingame City Council January 19, 2021 Approved Minutes City Librarian McCulley stated that he works directly with the Library Board of Trustees and the Library Foundation. He thanked Councilmember Colson and the Dewey Land Corporation for getting the Foundation some space at 240 Lorton Avenue to accept donations and sell books. City Librarian McCulley stressed the importance of the partnerships with the other San Mateo County libraries and the State library. He noted that throughout this pandemic, they have all been sharing information and practices and providing each other with guidance. City Librarian McCulley stated that the Library's Outreach Coordinator has been working with retirement centers to deliver books to senior citizens. City Librarian McCulley stated that the Fika Cafe has been closed since March. He added that he keeps in contact with the owners of the cafe and that they are excited to come back when the Library reopens. Mayor O'Brien Keighran asked that the City Librarian include his statistics in an upcoming enewsletter. City Librarian McCulley replied in the affirmative. Councilmember Colson stated that the City Librarian failed to mention that when the County hosted homeless individuals in one of the City's Bayfront hotels, the library put together care packages for them of books and information about services. She noted that the library also assisted in getting the Burlingame CARES cards out to members of the community. Councilmember Colson stated that the Fika Cafe owners have been cooking for the San Mateo Boys and Girls Club every Friday. She noted that they are an example of the amazing people that live in Burlingame. Councilmember Beach discussed the digital divide especially with children who don't have access to wireless internet. She asked about the need in the community for hotspots. City Librarian McCulley stated that the school districts have done an outstanding job in ensuring that Burlingame's students are covered with laptops and hotspots. Councilmember Beach asked about the library's printers and if there is a way to ensure community members have access. City Librarian McCulley stated that the Library's 3D printer is available to the community but individuals need to send the items for printing to the Library ahead of time. He noted that they haven't had many requests for photo scanning and other items. Vice Mayor Ortiz thanked the library staff for all of their hard work in order to reach the community in new ways. Councilmember Brownrigg thanked the library staff for all their hard work during COVID. He asked when the City Librarian thought the library would reopen to the public. City Librarian McCulley stated that he has met with the other County librarians, and the consensus is that they won't be able to reopen until at least June. Mayor O'Brien Keighran opened the item up for public comment. No one spoke. 5 Burlingame City Council January 19, 2021 Approved Minutes Mayor O'Brien Keighran thanked the City Librarian for his presentation. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the Consent Calendar. Vice Mayor Ortiz pulled item 8a. Councilmember Colson pulled item 8d. Vice Mayor Ortiz made a motion to adopt items 8b, 8c, and 8e; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR JANUARY 4, 2021 Vice Mayor Ortiz pulled this item because he was absent from the January 4, 2021 City Council Meeting. Mayor O'Brien Keighran opened the item for public comment. No one spoke. Councilmember Beach made a motion to approve the City Council Meeting Minutes for January 4, 2021; seconded by Councilmember Brownrigg. The motion passed by roll call vote, 4-0-1 (Vice Mayor Ortiz abstained). b. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE SAN MATEO UNION HIGH SCHOOL DISTRICT FOR THE BURLINGAME AQUATIC CENTER Parks and Recreation Director Glomstad requested Council adopt Resolution Number 005-2021. c. ADOPTION OF A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM IN THE AMOUNT OF $240,127 FOR ENGINEERING DESIGN SERVICES FOR THE EL CAMINO REAL SEWER IMPROVEMENTS PROJECT, CITY PROJECT NO. 85970, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 006-2021. d. APPROVAL OF THE REVISED URBAN FOREST MANAGEMENT PLAN Councilmember Colson stated that on page 14 under health and safety benefits, note six states "Neighborhoods and homes that are barren have shown to have a greater incidence of violence in and out of 6 Burlingame City Council January 19, 2021 Approved Minutes the home than their greener counterparts. Trees and landscaping help to reduce the level of fear." She explained that she thought the last sentence should be removed as she didn't know how you could quantify that. Councilmember Colson discussed Chapter 3 of the Urban Forest Management Plan. She noted that it discusses disputes between citizens and the City. However, she explained that a majority of the tree conversations in the city are between private owners. Therefore, she thought the plan should include a paragraph about the ability of private citizens to undertake mediation through the City's contract with Peninsula Confliction Resolution Center. Councilmember Colson reviewed the Plan's language relating to sidewalk repair construction and root trimming. She explained that Council received an email from a constituent about tree roots that were damaged by the contractor. She thanked staff for their efforts to ensure that the City's policies are followed by its own contractors. Councilmember Colson asked that some of the tree photos be refreshed in the Urban Forest Management Plan when the trees are more "leafed" out and in season. She asked that under the photos, staff list where the tree is located and what type of tree it is. Parks and Recreation Director Glomstad stated that all of Councilmember Colson's suggestions would be easy to do. Parks and Recreation Director Glomstad stated that this project started in December 2019. She explained that the Beautification Commission recommended updating the Urban Forest Management Plan to reflect the content of the Solar Rights Act and the Solar Shade Control Act. She noted that the content was updated to reflect the City's current processes, industry standards, and best practices regarding trees. Parks and Recreation Director Glomstad stated that the Urban Forest Management Plan is a technical guide to help residents understand the City's interactions with trees in Burlingame. She added that the City's tree ordinance is referenced in the Plan. She noted that the ordinance enforces the City's policies on trees such as requiring a private homeowner to get a permit to remove a protected tree in their own backyard. Mayor O'Brien Keighran asked if Councilmember Colson's suggestions are approved by the Council, would the Urban Forest Management Plan need to be brought back to Council. Interim City Attorney Spansail stated that the plan could be approved with the condition that those changes are made. Councilmember Beach stated that she appreciated and concurred with Councilmember Colson's suggestions. She noted that work still needs to be done on the City's tree ordinance. She thanked staff for their hard work on the Plan and stated that it was user friendly. Councilmember Brownrigg thanked Councilmember Colson for her close reading and her expertise on this project. He added that he endorsed the changes. Vice Mayor Ortiz concurred with Councilmember Colson's suggestions. 7 Burlingame City Council January 19, 2021 Approved Minutes Mayor O'Brien Keighran opened the item up for public comment. Mike Reitsma discussed an issue with sidewalk repair where the City's contractor caused damages to a tree by cutting the roots that were too thick. (comment submitted via publiccomment(d),burlin ag me.org.) Jennifer Pfaff thanked staff, Council, and the Beautification Commissioners for their work on the Urban Forest Management Plan. (comment submitted via publiccommentgburlin a�g). Mayor O'Brien Keighran closed public comment. Mayor O'Brien Keighran stated that contractors need to abide by the City's tree ordinance and added that there should be penalties when they don't. Councilmember Colson made a motion to adopt the Urban Forest Management Plan with her proposed revisions: 1) removal of language concerning fear in barren areas, 2) adding mediation language, and 3) adding new pictures when foliage returns with the location and type of tree under the picture; seconded by Vice Mayor Ortiz. The motion was adopted unanimously by roll call, 5-0. e. OPEN NOMINATION PERIOD TO FILL THREE VACANCIES ON THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE City Manager Goldman requested Council open the nomination period to fill the three vacancies on the Measure I Citizens' Oversight Committee. 9. PUBLIC HEARING There were no public hearings. 10 STAFF REPORTS a. CITY COUNCIL DIRECTION REGARDING THE RENAMING OF A 400 FOOT SECTION OF THE FORMER AIRPORT BOULEVARD ADJACENT TO THE NEW TOWN HOTEL PARCEL, BURLINGAME POINT, AND ANZA FISHERMAN'S PARK Public Works Department Senior Civil Engineer Martin Quan stated that staff needed direction regarding renaming a 400-foot section of the former Airport Boulevard that is part of the Burlingame Point public improvement project. He explained that the public improvement project was approved by Council on December 7, 2020 and included the following measures: • Realignment of Airport Boulevard • Burlingame Point Pump Station • Pedestrian Bridge over the Sanchez Channel • Bay Trail improvements along the shoreline 8 Burlingame City Council January 19, 2021 Approved Minutes Mr. Quan reviewed an aerial that shows the realignment of Airport Boulevard. He explained that there is a 400-foot section of the former Airport Boulevard that is a public street and provides access to: New Town Hotel Parcel, Anza Fisherman's Park, and the new Bay Trail improvements. He stated that in order to facilitate clear wayfinding and efficient emergency response to the affected parcels, staff is seeking input from the Council on what to rename this section of the street. Mr. Quan reviewed a list of possible names including: • Fisherman's Park Lane or Way • Airport Lane or Way • Bay Trail Lane or Way • Burlingame Drive -In Lane or Way Mr. Quan stated that upon receiving Council direction, staff will schedule a public hearing at the February 16, 2021 meeting to rename the street following the process outlined in the Municipal Code. Mayor O'Brien Keighran opened the item up for public comment. Manito Velasco thanked Council for naming this section and urged the Council to lower the speed limit in the area. (comment submitted via publiccomment(2burlin-a�g). Mayor O'Brien Keighran closed public comment. Councilmember Brownrigg stated that he was in favor of acknowledging the old drive-in and voted for Old Drive -In Lane. Vice Mayor Ortiz concurred with Councilmember Brownrigg and suggested Drive -In Way. Councilmember Beach stated that she liked Drive -In Way but also really liked Bay Trail Way as the Bay Trail is such an asset to the City. Councilmember Colson stated that she leaned towards Bay Trail Lane or Way. She noted that on Nextdoor when individuals were upset about the skateboarding on the Bay Trail, the community was already calling it Bay Trail Lane. Mayor O'Brien Keighran stated that she was in favor of Bay Trail Lane or Way because the City regularly promotes the Bay Trail. Mr. Quan stated that he would bring this item back for a public hearing. 9 Burlingame City Council January 19, 2021 Approved Minutes b. DISCUSSION OF PROCEDURES REGARDING UNAUTHORIZED CONSTRUCTION AND DEMOLITION CDD Gardiner stated that in recent months, the Community Development Department and Code Enforcement have encountered a number of instances of building construction and demolition that have been initiated without the benefit of building or planning permits. He explained that in the past, the City has allowed the offenders to pursue corrective action or cure the violation by obtaining the necessary permits. He noted that while the individual pursues corrective action, the project is on hold, but the structures are allowed to stay in place. However, he stated that this issue creates a nuisance for neighbors who are frustrated that construction has been initiated without proper notification. CDD Gardiner stated that this is an issue that staff has been discussing amongst themselves for quite some time. He explained that a more recent case created questions about what the City could do to deter this behavior. CDD Gardiner stated that staff is seeking direction from the Council on whether the unauthorized structure should be allowed to remain while the applicant pursues the relevant permits, or whether a more aggressive approach should be adopted, such as requiring removal of such structures. CDD Gardiner noted that staff is also seeking feedback regarding penalties for unauthorized construction or demolition. He stated that Chapter 1.14 of the Burlingame Municipal Code provides administrative penalties for municipal code violations, which can be enforced through Code Enforcement. However, these penalties are capped at a maximum of $500 per day, and the offender will have a due process right to appeal the violation. Mayor O'Brien Keighran noted that she had a conversation with CDD Gardiner on this issue. She explained that she has received multiple phone calls in regard to projects that may not have followed the City's permitting process. Councilmember Beach asked how many instances of unauthorized construction/demolition does the City see a year. CDD Gardiner stated that it is a few each year. However, he noted that the few cases do require a lot of staff time to resolve. Vice Mayor Ortiz asked if the suggestion to demolish an unauthorized structure is a punitive measure to discourage this behavior. He voiced concern that some individuals taking on projects may not know that they need a permit. Therefore, he was unsure that that the penalty for them should be to demolish their structure. CDD Gardiner stated that the measure would be a deterrent to stop people from starting an unauthorized build. He discussed the complications of the Planning Commission and staff reviewing a permit after the fact. Vice Mayor Ortiz asked if it would be the Planning Commission's decision to authorize demolition of an unauthorized build. CDD Gardiner stated that some of these would go to the Planning Commission when it is part of a project that the Commission is already reviewing. 10 Burlingame City Council January 19, 2021 Approved Minutes Councilmember Brownrigg asked how many of the incidents of unauthorized builds are homeowner ignorance versus someone deciding to ignore regulations. CDD Gardiner stated that there are a lot where the individual is just unfamiliar with the process. However, he noted that there are some repeat offenders. Councilmember Brownrigg stated that if the City decides to increase penalties, he would prefer them to be financial versus deconstruction. He noted that deconstruction is a waste of materials and a strain on the environment. Councilmember Colson asked if there was a way to bifurcate the penalties between homeowners versus a professional contractor that has a business license in Burlingame. She noted that she isn't as worried about the individual homeowner as she is about local contractors. Interim City Attorney Spansail stated that there are different ways to handle this issue including utilizing the California State Licensing Board for contractors or looking into revoking the contractor's business license. Vice Mayor Ortiz discussed enacting a warning system for the first offense, and if they violate the permitting process again, they would be fined. Mayor O'Brien Keighran stated that the Council should consider a tiered approach for homeowners versus contractors. She noted that she thought by requiring a contractor to demolish a structure, it would deter future bad actions. Mayor O'Brien Keighran opened the item up for public comment. An individual voiced their support for demolishing unauthorized builds. (comment submitted via Zoom chat). Mayor O'Brien Keighran closed public comment. Mayor O'Brien Keighran asked the Interim City Attorney how to proceed. Interim City Attorney Spansail stated that staff would review how to separately deal with contractors versus homeowners and if it is possible to create a tiered approach for these categories. He added that there may be other ways to prevent professional contractors from repeatedly violating the City's regulations such as stop work orders or revoking their business license. Councilmember Beach stated that she agreed that staff should look into treating contractor violations differently than a homeowner violation. However, she noted that she believed there should be consequences if someone violates the City's regulations. She added that instead of a warning system, she would want to see a flat fee assessed against a homeowner. Councilmember Beach concurred with Councilmember Brownrigg that she wasn't in favor of demolishing unauthorized structures and would rather the remedy be a strong financial penalty. She added that she was also in favor of having the ability to revoke business licenses for repeat offenders. 11 Burlingame City Council January 19, 2021 Approved Minutes Councilmember Beach stated that the other thing that concerns her is those that make changes in the field after receiving a permit. Councilmember Colson thanked the Mayor for agendizing this discussion. She noted that her main concern is historic preservation. She asked that there be additional penalties or nuances surrounding historical buildings. Vice Mayor Ortiz voiced concern about treating homeowners differently than contractors. He noted that he would prefer a first warning and then penalties. Councilmember Brownrigg stated that he agrees with Councilmember Colson that unauthorized demolition is a problem. He asked if he was correct that penalties were already in place for unauthorized demolition. Mayor O'Brien Keighran discussed whether the City could review unauthorized builds based on whether it was done with disregard to the City's process or was an honest mistake. Additionally, she reviewed Councilmember Beach's concern about an applicant receiving a permit and then making changes in the field. She noted that sometimes the changes are necessary but that there should be an outlined process for this situation. She stated that she was in favor of the City having the ability to revoke a contractor's business license if they are a repeat offender. Interim City Attorney Spansail stated that staff would look into the following: • Revocation of business license as a penalty • Requiring individuals to demolish structures in specific instances versus having discretion to demolish with an emphasis on historic aspects • Whether there should be a warning system • Does the Building Official have discretion when there are changes in the field • If there is a way to treat homeowners differently than contractors Mayor O'Brien Keighran thanked staff for the discussion. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers reported on committees and activities. 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.burlin ag me.org. 12 Burlingame City Council January 19, 2021 Approved Minutes 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 9:19 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 13 Burlingame City Council January 19, 2021 Approved Minutes