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HomeMy WebLinkAboutMin - CC - 2021.05.03CITY 0 BURLINGAME uFai[o J u[ 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on May 3rd, 2021 5:30 P.M STUDY SESSION a. STUDY SESSION: SECOND PUBLIC HEARING FOR THE TRANSITION FORM AT -LARGE ELECTIONS TO BY -DISTRICT ELECTIONS FOR CITY COUNCIL SEATS City Clerk Hassel -Shearer explained that the City has been conducting extensive public outreach on the "5 Districts 1 Burlingame" campaign. She reviewed the public outreach that the Clerk's Office has conducted including publishing information in the Parks and Recreation Summer Guide, presentations to several community organizations, and working with the California Apartment Association to provide information to the rental community. She continued that since March 14, the City has had a booth at the Chamber of Commerce's Sunday Fresh Market. City Clerk Hassel -Shearer explained that the Fresh Market booth was staffed with Councilmembers, various department heads, City Clerk intern Elle Giere, and several Burlingame High School students. She continued that this summer, the City plans to conduct outreach at the Fresh Market as well as at a table at Safeway and at a to -be -determined location in the northern part of Burlingame. City Clerk Hassel -Shearer acknowledged the hard work of her small staff of 1.8 employees, specifically her assistant Andrew Kwoka, and her intern Elle Giere. Paul Mitchell of Redistricting Partners introduced his staff member Sophia Garcia. Ms. Garcia stated that Redistricting Partners uses Burlingame as an example for other jurisdictions of effective public outreach. Ms. Garcia explained that the California Voting Rights Act ("CVRA") prohibits the use of at - large elections systems if there is racially polarized voting. She further explained that racially polarized voting is defined as differences in voting patterns that can be shown to be correlated to race, religion, national origin, or membership in any other protected class. Ms. Garcia explained that the CVRA differs from the Federal Voting Rights Act in how it deals with remedies for racially polarized voting. She stated that under federal law, you only need to change to a by -district election system when a majority/minority district can be drawn. She explained that the CVRA expands the federal law and holds that you don't have to prove that a majority/minority district can be drawn but rather that if districted, the protected class would be able to better influence the outcome of the election. Additionally, under the CVRA, the plaintiffs are fully reimbursed for legal fees associated with any successful challenge. The fees can be lessened or eliminated if the city follows a strict and prompt process for districting. She mentioned that the City is following the strict process. Ms. Garcia explained that the districting process is the initial process of creating the election district boundaries. She stated that the boundaries determine who is eligible to run for office and who can vote in the election (must live within boundaries to qualify for election, and only voters within the district vote for their councilmember.) However, she stated that the boundary lines don't define how the City decides to govern. Ms. Garcia explained that redistricting occurs every ten years after the Census data is released. She explained that the district lines are adjusted to accommodate for population growth or decline and community data. She stated that the Census data has been delayed this year and that it is expected to be finalized in September. Ms. Garcia discussed gerrymandering. She explained that the term gerrymander originated as the result of former Massachusetts Governor Elbridge Gerry creating a serpentine looking district in the 1800s. The serpentine district was created to favor one party over the other. She noted that while weirdly drawn districts don't necessarily indicate a bad district, it could be an indication that the district boundaries were drawn as a result of political pressure. She mentioned that a 2001 Senate District in California looked like the original cartoon district and that it led to the formation of the 2010 State Commission. Ms. Garcia reviewed traditional redistricting principles that have been upheld by courts: 1. Each district should be of relatively equal size in terms of people, not citizens • Population equality is based on "people" not citizens or voters or other metrics • A 10% or smaller deviation between the populations in each district is allowable 2. Districts should be contiguous — districts should not hop/jump • An area that is one piece is "literally contiguous" • An area that represents how the population functions or how people are connected is "functionally contiguous" 3. Districts should maintain "communities of interest" • Communities covered by the Voting Rights Act include Latinos, Asians, and Black individuals • While race is a community of interest, it cannot be the predominant factor in drawing districts 4. Other communities of interest that are considered when drawing district boundaries include: • People living near an industry (farming, higher education, manufacturing) • Senior citizens • Downtown/Urban • Rural or agriculture • Homeowners or renters 2 5. Districts should follow city/county/local government lines 6. Districts should be compact in both appearance and function Ms. Garcia explained that a district is compact if it does not bypass nearby populated areas in favor of more distant populated areas. She showed examples of various cities' district lines. She noted that in the past, district lines bypassed certain populations in order to keep incumbents in office. However, these districts would not pass the current compactness test and therefore would need to be redrawn. Ms. Garcia mentioned that you can have a non -compact district, but for the right reasons. She explained that one reason could be that a boundary, such as a railroad track, could force a district to be less compact. Ms. Garcia explained that starting in 2020, cities and counties undertaking redistricting will also have to follow the regulations laid out under the California Fair Maps Act. This act requires the following: • Transparency when conducting redistricting • Not using an incumbent or candidate's residence as a community of interest • Not drawing districts to advantage a political party Ms. Garcia explained that the Census data is used to determine the target population size for each district. She stated that according to the 2010 Census data, Burlingame's population is 28,806. Based on the 2010 Census data, the 5-District plan would have roughly 5,761 residents per district, with no more than a 576 resident deviation between the largest and smallest district. Ms. Garcia reviewed the City's demographics. She explained that the City will use the American Community Survey calculations of Citizen Voting Age Population ("CVAP"), which is also called "eligible voter population", to determine the ethnicity make-up of a district. She further explained that the City's total CVAP is 20,275. She reviewed how this is broken down by demographic: • Asian CVAP: 4,513, or 22% of the population • Latino CVAP: 2,268, or 11 % of the population • Black CVAP: 290, or 1 % of the population • All other: 13,204, or 65% of the population Ms. Garcia stated that the City has a webpage with information on the districting process that includes: • Information on the CVRA • Past presentations • January 2020 demand letter • Staff reports • Hearing schedule • Community of Interest form • Mapping tool (still to come) Ms. Garcia reviewed the next steps in the process. She stated that the City will hold public hearings to obtain input on communities of interest and to receive feedback on potential districting plans prior to adoption. • Feb 1" —First Public Hearing • May 3rd — Second Public Hearing • TBD — online outreach/mapping tool demonstration • TBD — 3rd public hearing — draft map review • TBD — 4th public hearing • TBD — adoption Vice Mayor Ortiz asked when the mapping tool will be ready to use. Mr. Mitchell responded that there have been some complications with getting all the features into the tool, but that they are working on the final tweaks and will let City staff know when it is ready. Mayor O'Brien Keighran asked how the transition from at -large seating to by -district seating of Councilmembers will look over the next two elections. Mr. Mitchell explained that the transition will happen over two elections cycles. He stated that in 2022, there are three at -large terms ending. Therefore, there will be three district seats on the November 2022 ballot. He added that in November 2024, the City will complete the transition by placing the remaining two district seats on the ballot. He commented that the Fair Maps Act requires that the proposed district maps be public for seven days prior to the Council voting on them. Mayor O'Brien Keighran opened the item up for public comment. Michael asked for clarification on the outcome of districting and whether it would need to be shown that the district lines created a majority minority district. (comment submitted via Zoom chat). Mr. Mitchell responded that it's incumbent on the City to follow a process. He stated that the CVRA is not outcome based and that the State does not look at election results in the future. He stressed that it is about making districts that are fair, open, and transparent. Councilmember Brownrigg asked for clarification on how the CVRA is different from the Federal Voting Rights Act ("FVRA"). Mr. Mitchell responded that the FVRA is hard to enforce in a lot of jurisdictions unless you have a majority/minority district. He stated that the FVRA looks back at something that you did. He noted that under the FVRA, a city could face a lawsuit in the future if a minority group that could comprise 50% population of a district was either knowingly or unknowingly not provided the minority/majority district. He continued that the federal law prevents districts being drawn solely based on race, unless there is a section two requirement for the city to create a district that is majority/minority. Sandra Lang asked if there is a method for deciding the hierarchy of criteria when creating districts. Mr. Mitchell responded that there is a ranking for the criteria under the Fair Maps Act and the CVRA. He stated that the City will have to comply with both laws and all the criteria within the laws. A member of the public asked what problem are district elections trying to solve. Mr. Mitchell explained that at one time, at -large elections were thought to be the solution to dilute the voting strength of political bosses or patronage. He stated that, unknowingly, at -large election systems 2 diluted the voting strength of protected classes. He continued that district elections are trying to end the vote dilution that exists with at -large elections that 100 years ago was seen as a strength, but is now a problem. A member of the public asked when the district lines will be drawn. Mr. Mitchell responded that the lines cannot be drawn until the Census data is released. He estimated that the data might not be released until October. He noted that the deadline for agencies that do not have a primary is mid -April. City Clerk Hassel -Shearer stated that the City has to have the maps drawn by April per the agreement with Mr. Shenkman. She commented that she hopes to have the process completed before that in order to give potential candidates enough time to decide whether to run and to start gathering campaign funds. David asked why there are only seven days of public comment between when the maps are released and when Council can vote on them. (comment submitted via Zoom chat). Mr. Mitchell responded that this is a new law that is only in effect in California. He stated that it is intended to disallow any elected official to create a redistricting plan the night before a meeting and vote on it the next day. He commented that most non profit organizations pushed for the seven-day window and are generally pleased with it. Brooke commented that her neighborhood is diverse and believes that the process is divisive and expensive for the community. (comment submitted via publiccommentkburlin_a�g). A member of the public asked how does the process dealt with new neighborhoods being created like North Rollins Road. Mr. Mitchell responded that the City is required to use the most recent Census data when drawing district lines. He commented that unfortunately this doesn't always capture all the potential changes in a community. A member of the public asked why districts aren't based on voting population. Mr. Mitchell responded that the Supreme Court has made it clear that the basis for redistricting is whole population. Lilly commented that she fears the districting of Burlingame will lead to political polarization between districts. (comment submitted via publiccommentgburlin am�e.org). Ray Larios asked for clarification on the timeline between getting the Census data and finalizing the district lines. Mr. Mitchell stated that the City's agreement with Shenkman & Hughes requires that the maps be finalized by April 2022. An incident occurred with Zoom chat which required the City to shut off the chat feature in the Webinar. Michael asked about potential downsides to the districting process and how the consultant ensures that the City has a positive outcome. Mr. Mitchell responded that the main thing the City can do is conduct expansive public outreach including working with the various communities of interest, allow the public an opportunity to draw district maps, and ensure that the process is transparent. 5 Ray Larios asked about the possibility of creating four districts and then electing an at -large mayor. Mr. Mitchell responded that this is up to the agency in question to determine. Tom and Susan Payne commented that they believe the downside to district elections is the development of factional fighting between groups and that Burlingame should be split into five districts from east to west. (comment submitted via publiccommentgburlin a�g). A member of the public asked what happens if a Councilmember moves out of the district they are representing. City Clerk Hassel -Shearer stated that the individual would no longer be eligible for their seat. Interim City Attorney Spansail concurred with the City Clerk. A member of the public asked what happens if no one from a district runs. City Clerk Hassel - Shearer responded that from her experience working at the County Election's Office, when an incumbent doesn't run for re-election, more people end up running. She noted that when Vice Mayor Ortiz was first elected, there were nine candidates for three seats. Councilmember Brownrigg asked if the City is allowed to have areas of the city that are not districted. He cited the industrial area east of Highway 101 where there are no residents. Mr. Mitchell responded that every area of the city has to be districted. Councilmember Brownrigg commented that the City might have to break one of the guidelines as there are some non-contiguous parts of the city. Mr. Mitchell responded that the law states that you add that non-contiguous part to the nearest area. Councilmember Brownrigg stated that he is nervous about having one Councilmember represent a lucrative commercial district. Mr. Mitchell responded that how the commercial areas get apportioned will be determined by Census geography. Councilmember Beach thanked the City Clerk's Office for all the outreach they have conducted. She asked if the City could extend the seven-day waiting period between the release of the maps and the vote. Mr. Mitchell replied in the affirmative. He commented that in practice, maps are usually released at one meeting and not voted on till the next meeting, and if maps are put on the website and then changed, the original maps are still open to the public. Vice Mayor Ortiz asked Councilmember Brownrigg to clarify his thought on the commercial area being grouped with an existing neighborhood. Councilmember Brownrigg responded that he thinks that a councilmember representing all the hotels might create future conflict. He commented that it makes him uncomfortable for such powerful economic forces to be represented by one councilmember. Councilmember Brownrigg added that he was also in favor of creating four districts and having one at -large mayor. Councilmember Colson commented she is less worried about one councilmember representing a 0 specific industry since if that industry wanted to get something through Council, they would have to have the support of three councilmembers. She continued that the non -voting entities would have access to all of Council in addressing various issues. Mayor O'Brien Keighran noted that there would still be the Economic Development Subcommittee and the Chamber of Commerce for businesses to work with councilmembers. Therefore, she was not concerned about all of the hotels being put into one district. Councilmember Colson voiced her support for having five districts and keeping the rotating mayor. She commented that four districts and an at -large mayor goes against the purpose of districting. Vice Mayor Ortiz voiced support for an at -large mayor as he thought that the mayor could help guide the City on certain issues. Councilmember Brownrigg stated that the Council should discuss term limits for councilmembers. He voiced concern that under district elections, an individual could get elected with fewer votes and therefore could lock up a district for a long time. Mayor O'Brien Keighran disagreed with the idea of an at -large mayor. She stated that an at - large mayor goes against what districting is trying to solve. She voiced support for five districts and a rotating mayor. Councilmember Beach agreed with Mayor O'Brien Keighran and endorsed the idea of five districts and a rotating mayor. Mayor O'Brien Keighran thanked Mr. Mitchell and Ms. Garcia for all the work they have done. She thanked City Clerk Hassel -Shearer and the City Clerk's Office for all the public outreach they conducted. 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Councilmember Colson. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 7 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor O'Brien Keighran reviewed the upcoming events taking place in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING MAY AS MENTAL HEALTH MONTH San Mateo County Mental Health & Substance Abuse Commissioner Jean Perry received a proclamation from the Council recognizing May as Mental Health Month. Mayor O'Brien Keighran reviewed the proclamation and some of the events that would be taking place this May for individuals interested in learning more about mental health and ways to take care of their health. b. PRESENTATION BY THE YOUTH ADVISORY COMMITTEE Recreation Coordinator Nicole Houghton introduced the Youth Advisory Committee ("YAC"). YAC representative Sylvie Olson discussed the presentation that the City Clerk gave YAC on district elections. She noted that she got the opportunity to work with the City Clerk at the Chamber's Fresh Market educating the public on district elections. YAC representative Carina Husain discussed the three movie night discussions that YAC has held, including The Farewell. YAC representative Cameron Leung stated that YAC is in the process of creating an intergenerational cookbook. Each recipe comes from a senior citizen and is taught to a YAC representative. This cookbook will be available mid -May, with the proceeds going to CALL Primrose. YAC representative Shareen Ahmad discussed the work that YAC undertook for "Night Under the Stars". She explained that YAC helped serve food and set up games. She noted that there were 75 families registered, with more on the wait list. Ms. Olson discussed YAC's Egg Hunt and noted that over 300 people attended. She added that she was given the honor of playing the Easter Bunny. YAC representative Ethan Wan explained that they have held two YAC social events with over 140 people in attendance from different cities. Ms. Husain explained that the YAC has undertaken a face mask fundraiser. The face masks are being sold at the Chamber's Fresh Market and have the phrase "Burlingame Stands United Against Hate" printed on them. She mentioned they have sold 36 masks and thanked Councilmember Brownrigg, Councilmember Colson, and Mayor O'Brien Keighran for spreading the word. Mr. Leung stated that Parks and Recreation is hosting a second "Night Under the Stars" on May 15 from 3pm to 7pm. He noted that this event would be 80s' themed. Mr. Wan recognized Carina and Pamela, the two YAC members who would be graduating from high school this spring. Councilmember Colson thanked YAC for spreading the word about the new Community Center at the Fresh Market. Councilmember Beach thanked YAC for keeping the United Against Hate theme a central part of their message. Vice Mayor Ortiz suggested hosting more events with the theme of social equity. Mayor O'Brien Keighran opened the item for public comment. No one spoke. Mayor O'Brien Keighran thanked the YAC members for all their hard work. SEWER COLLECTION SYSTEM MASTER PLAN UPDATE DPW Murtuza introduced Tim Loper from Carollo Engineers. DPW Murtuza stated that the City last updated the Sewer Collection System Master Plan in 2008. He noted that since 2008, the City has completed several projects, and the sewer rate has not been increased in the past eight years. Mr. Loper stated that since 2008, the City has completed approximately $80 million in projects. These projects have included collection systems and wastewater treatment plant upgrades, and rehabilitation and replacement of pipelines, manholes, laterals, and pump stations. He stated that 41 miles of pipeline have been replaced, as well as 2,900 sewer laterals and cleanouts. Mr. Loper reviewed the objectives of the new master plan including flow monitoring, hydraulic analysis modeling, and capital improvements. Mr. Loper explained that they hope to train staff on the hydraulic flow model in order to make further improvements. Mr. Loper summarized the City's collection system. He stated that it includes: • 95 miles of gravity sewers • 2,372 manholes • Pipes that are 4 to 51 inches in diameter 0 • 7 pumping stations • 3.4 miles of pressurized force main Mr. Loper explained that the flow monitoring program collected data at 25 sites from December 2019 to March 2020. He stated this was done to capture a more complete picture of what was happening in the City's pipes in terms of flow. Mr. Loper stated that the hydraulic modeling updates included system improvements and revised I/I parameters. He mentioned that one of the biggest drivers for system capacity is wet weather flows. He explained that to model this, they used a 2010 Design Storm, which uses projected rainfall over a 24-hr period. He stated that they worked with staff to model more realistic scenarios. They did this by utilizing a combination of a 5-yr, 24-hr rainfall event followed by a 10-yr, 24-hr rainfall event, which is a more conservative approach. He stated that the improvements to the collection system over the last 10 years have resulted in a peak wet weather flow reduction of 9 mgd (million gallons day) entering the collection system. Mr. Loper explained that approximately 24 projects were completed under the 2010 Capital Improvement Plan. He stated that the 2021 Master Plan includes potential work in the industrial area north of Highway 101 and pump station upgrades. Mr. Loper noted that capital projects fall within multiple categories: Projects Total Cost $mil Near Term 2021-2030 Long Term 203 4 -2040 Gravity Mains (capacity) $4.2 $4.2 $0.0 Pump Stations (capacity) $9.5 $9.5 $0.0 Pump Station Rehab $4.0 $2.8 $1.2 Pipeline Rehab $88.1 $39.5 $46.7 WWTP CIP $24.9 $23.7 $1.2 Outfall Study $1.0 $1.0 $0.0 WW MP Studies $2.0 $1.0 $1.0 Total Costs $133.9 $81.8 $52.1 Mr. Loper reviewed the proposed Capital Improvement Program: (CIP Costs and Phasing in Millions of Dollars) Projects CIP 2026- Long Categories Costs 2021 2022 2023 2024 2025 2030 Term Capacity $13.7 $1.13 $1.44 $4.69 $4.49 $2.09 $0 $0 Pipeline $88.1 $1.67 $2.18 $5.30 $5.30 $5.35 $24.88 $49.87 Rehabilitation 10 Other City Projects* $67.5 $2.93 $3.93 $3.47 $3.47 $3.47 $7.45 $1.21 Total Costs $133.9 $5.73 $7.55 1 $11.10 $13.16 $11.41 $32.83 $52.09 *Other City projects include wastewater treatment plant upgrades and existing planned pump station and pipeline rehabilitation projects. Mr. Loper summarized that the 2021 Master Plan: • Included flow monitoring to understand the sewer system hydraulics • Analyzed sewer system using flow data and Design Storm • Observed flow reductions, due to implemented capital improvements since 2010 • Developed CIP Projects using analysis criteria: o Short-term, 2021 to 2030, capacity improvements to account for growth and rehabilitation projects to reduce Inflow & Infiltration (I&I) o Long-term, 2031 to 2040, rehabilitation projects to reduce Inflow & Infiltration (I&I) Mr. Loper commented that the next steps toward finalizing the master plan include conducting rate studies to determine rate adjustments necessary for implementing the suggested improvements, developing infrastructure connection fees to establish equitable buy -in costs for new developments, and presenting rate studies and connection fees findings to the City Council at a future meeting. Councilmember Brownrigg asked for clarification on the difference between storm drain and sewer in relation to rainfall. DPW Murtuza explained that the sanitary sewer system is impacted by rainfall as it soaks into the ground and finds its way into the system through deficiencies such as cracks. Councilmember Brownrigg clarified that the investment made 10 years ago was in the storm drain system and the discussed master plan is for the sewer collection system, which is a different system. DPW Murtuza responded in the affirmative. DPW Murtuza stated that the upgrades to the sewer system are funded through the sewer rates. Vice Mayor Ortiz asked about the upgrades being done in the unincorporated part of Burlingame Hills. DPW Murtuza responded that the Easton Drive system is in Burlingame. However, the unincorporated Burlingame Hills sewer is part of the County system that discharges into the Burlingame system. He added that any impact to the unincorporated Burlingame Hills system is paid for by San Mateo County through a formal agreement. Councilmember Colson asked if there is any leakage from the pipes into the soil. DPW Murtuza responded that this could happen, but there is no way to verify without digging a trench around the pipe. He mentioned that the City does roughly 10-12 miles of CCTV inspection to the sewer lines per year, but you can't see the physical sewage leaking from this. Councilmember Colson asked if the majority of this work is being done in-house or by consultants. DPW responded that for the big, complicated projects, the City obtains consultants. 11 Councilmember Beach thanked staff and the consulting team for the update. She commented that the majority of work is out on the bayfront. DPW Murtuza responded that the bayfront work is capacity oriented due to the increase in development. He mentioned that the current system was not designed for the general plan update. He explained that staff is looking at ways to address this issue in relation to new private developments and will present Council with updates. Mayor O'Brien Keighran opened public comments. Rainbowsasked for clarification on how staff concludes that a pipe needs replacing. DPW Murtuza responded that a pipe is replaced when staff sees an imminent failure about to occur. Mayor O'Brien Keighran closed public comments. Mayor O'Brien Keighran thanked Mr. Loper for his presentation. 7. PUBLIC COMMENT Mayor O'Brien Keighran noted that Consent Item 8i: "Authorize the Mayor to Send a Letter Expressing the City's Opposition Unless Amended to SB 9 (Atkins) Housing Development: Approvals" was being pulled. Therefore, individuals commented on this item during the public comment section. Rainbow thanked Council for the Sewer Collection System Presentation. Katie Knolls asked Council to agendize hazard pay for essential workers in Burlingame. UFCW Local 5 representative John Gomez voiced support of hazard pay for essential workers. Joel Cone asked the Council not to sign the letter from the California League of Cities opposed toSB9. An individual spoke in support of hazard pay for essential workers. Madeline Frechette spoke in support of hazard pay for essential workers. She also asked the Council not to sign a letter opposing SB 9. Mike Dunham spoke in support of hazard pay for essential workers and asked the Council not sign the letter opposing SB 9. Drew Hoskins spoke in support of Council not signing the letter in opposition to SB 9. Kevin commented in support of hazard pay for essential workers. (comment submitted via publiccomment(d),burlingame. org). 12 8. CONSENT CALENDAR Mayor O'Brien Keighran asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Mayor O'Brien Keighran noted that item 8i was already removed from the Consent Calendar. Councilmember Brownrigg pulled off items 8f and 8g. A member of the public pulled item 8d via email. Vice Mayor Ortiz made a motion to adopt items 8a, 8b, 8c, 8e, and 8h; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 19, 2021 MEETING City Clerk Hassel -Shearer requested Council adopt the City Council Meeting Minutes of April 19, 2021. b. ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 13.36.040, 13.36.042, AND 13.36.043 OF THE BURLINGAME MUNICIPAL CODE TO ESTABLISH TWO-HOUR PARKING ALONG HOWARD AVENUE FROM EL CAMINO REAL TO CLAIFORNIA DRIVE DPW Murtuza requested Council adopt Ordinance Number 1992. c. ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT WITH CARTEGRAPH SYSTEMS LLC TO PROVIDE ASSEST MANAGEMENT SOFTWARE SERVICES FOR THE MAINTENANCE DIVISIONS OF THE PUBLIC WORKS AND PARKS AND RECREATION DEPARTMENTS, IN THE AMOUNT OF $179,592.65 DPW Murtuza requested Council adopt Resolution Number 043-2021. d. ADOPTION OF A RESOLUTIONS AUTHORIZING THE FILING OF APPLICATIONS FOR FUNDING TO THE METROPOLITAN TRANSPORTATION COMMISSION UNDER THE SAFE AND SEAMLESS MOBILITY QUICK STRIKE PROGRAM Mayor O'Brien Keighran asked City Clerk Hassel -Shearer to read the email from the individual that had requested this item be pulled. City Clerk Hassel -Shearer read the email. Manito Velasco asked if the proposals were vetted and if BPAC had a chance to review them. (comment submitted via publiccomment(&burlin ag me.org). DPW Murtuza responded that the scope of the projects is well defined in the Bike/Ped Master Plan. He noted that City staff undertook extensive public outreach with the Bike/Ped Master Plan. 13 Councilmember Beach commented tthat she knows that the funding stream for the Quick Strike Program came without much warning. She thanked staff for applying for the MTC Mobility Quick Strike Program. She commented that she hopes staff can inform the various groups, such as BPAC, that the City applied for funding. Mayor O'Brien Keighran opened the item up to public comment. No one spoke. Councilmember Brownrigg made a motion to adopt Resolution Number 044-2021 and Resolution Number 045-2021; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. e. ADOPTION OF RESOLUTIONS INITIATING PROCEEDINGS TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCIAL YEAR 2021-22 DPW Murtuza requested Council adopt Resolution Number 046-2021, Resolution Number 047- 2021, and Resolution Number 048-2021. f. ADOPTION OF A RESOLUTION ACCEPTING THE ELECTRIC VEHICLE ACTION PLAN Councilmember Brownrigg voiced reservations about the City paying for electric vehicle infrastructure. He commented that as more companies install electric vehicle charging stations, the City may want to rethink spending its own money on stations. City Manager Goldman commented that there are a number of grants that the City has obtained to fund the installation of charging stations. Sustainability Coordinator Michael explained that the goal is to obtain grants to fund the installation of all the charging stations. Mayor O'Brien Keighran asked how current the charging statistics are in the staff report. Sustainability Coordinator Michael responded that they are current through the pandemic. She noted that the Caltrain charging numbers were higher pre -pandemic, but the EvGo chargers are relatively the same as they were before the pandemic. This should change as the EVGo chargers can now serve Teslas. Councilmember Colson commented that she believes the City will have to spend money on charging stations as the laws change, and curbside charging will be crucial. She mentioned that Peninsula Clean Energy is utilizing funds for Countywide EV programs. Councilmember Brownrigg commented that he wants to see a City plan that uses grant money for the installation of EV charging stations. Sustainability Coordinator Michael replied that the plan is a living document that can be updated as more information becomes available. 14 Mayor O'Brien Keighran opened the item up to public comment. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 049-2021; seconded by Vice Mayor Ortiz. The motion passed unanimously by roll call vote, 5-0. g. ADOPTION OF A RESOLUTION SETTING THE RATE OF CANNABIS OPERATOR PERMIT FEES PURSUANT TO SECTION 25.75.06(E)(1)(d) OF THE BURLINGAME MUNICIPAL CODE Councilmember Brownrigg asked if the City wanted to put a measure on the November 2022 ballot, when would it need to be finalized. City Manager Goldman replied that it would need to be to the County Elections' Office by approximately the second week in August 2022. She added that in the fall, staff would be discussing potential revenue measures with the Council. Mayor O'Brien Keighran opened the item to public comment. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 050-2021; seconded by Vice Mayor Ortiz. The motion passed unanimously by roll call vote, 5-0. h. ADOPTION OF A RESOLUTION OF SUPPORT FOR THE BUILD BACK BOLDY STATE SENATE BUDGET PROPOSAL City Librarian McCulley requested Council adopt Resolution Number 051-2021. i. AUTHORIZE THE MAYOR TO SEND A LETTER EXPERSSING THE CITY'S OPPOSITION UNLESS AMENDED TO SB 9 (ATKINS) HOUSING DEVELOPMENT: APPROVALS This item was pulled off the consent calendar for this meeting. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURINGAME MASTER FEE SCHEDULE FOR FISCAL YEAR 2021- 22 Finance Director Augustine explained that the only changes to the Master Fee Schedule from the April 1, 2021 meeting are the fees adopted by CCFD. She noted that most fees will be effective on July I", with a select few development fees becoming effective on July 2. Mayor O'Brien Keighran opened the item up to public comment. No one spoke. 15 Councilmember Colson made a motion to adopt Resolution Number 052-2021; seconded by Vice Mayor Ortiz. The motion passed unanimously by roll call, 5-0. 10. STAFF REPORTS a. DISCUSSION OF TOWN SQUARE CONCEPT DESIGNS AND POTENTIAL CONFIRMATION OF PREFERRED ALTERNATIVE CDD Gardiner stated that for the past year, the City has been pursuing the design and development of a town square/community open space on the City -owned Parking Lot E. He explained that staff conducted two virtual meetings, one in November 2020 and the other in December 2020. He reviewed some key results and comments from the public outreach: • 3,728 website visits, 213 responses • A place that represents the community of Burlingame (social, family friendly, welcoming, caring, quaint, inclusive) • One single space with contemporary character • Trees, shade, and landscaping — "City of Trees" • A place to gather, meet friends, small play, eat and drink • Events, festivals, farmers market, pop-up stands, outdoor performances • Interactive water feature • Public art CDD Gardiner noted that public comment showed there was no consensus on what the square should be used for and instead shows that the square should be multipurpose. CDD Gardiner outlined "The Grove" concept for the square. He commented that the public had mixed feelings towards the proposed water feature. He mentioned that the water feature would be expensive and that the space could be easily filled with something else if Council chose not to include the water feature. He explained that the trees would lose their leaves in the fall, and that would let some light in below the canopy. CDD Gardiner next outlined "The Curve" concept. He noted people enjoyed the double row of trees. He stated that the cost for the two concepts, without "The Grove's" water feature, are nearly identical. CDD Gardiner outlined the estimated construction costs: Concept Construction Cost Estimate for Town Square: $2,880,000. This includes paving, trees, planting, green wall, furniture, and lighting. He noted that it also includes contingencies of 20% and a four-year escalation of 20%. He added that this price does not include the Post Office deck and terraces, which the developer is paying for as part of the office building project. Construction Cost for Additional Items with contingency & escalation One interactive fountain & machinery $1,700,000 Second interactive fountain & machinery $850,000 16 Relocating culvert cleanout pit to Park Rd $2,125,000 Performance platform & lighting $170,000 Councilmember Colson stated that the goal for the Council's discussion was to get a sense of direction on where to take the project. She voiced concern for the high cost of the water feature. Vice Mayor Ortiz commented that after seeing the cost of the water feature, he would like to see it eliminated. He stated that he was in favor of "The Curve" concept. Councilmember Beach asked if removing the water feature from "The Curve" concept would require more design tweaks. Urban Field Studio representative Frank Fuller replied that removing the water feature would not destroy the aesthetic of the design. He noted that many of the water feature designs, especially the water wall, are designed to act as a feature when the water is off. Councilmember Beach asked if the construction cost summary included prevailing wage and labor benefits for the work crew. Mr. Fuller responded that they took cost estimates from SWA, who has experience on open space construction and added contingencies to the final estimates. Mayor O'Brien Keighran opened the item up to public comment. San Mateo Building and Trade Council representative spoke in favor of the City taking the prevailing wage jobs and converting them into Community Workforce Agreements, also known as Project Labor Agreements. Jennifer Pfaff commented that she didn't feel strongly towards the water feature, but that she trusts Council to make the right decisions for the square. Athen Rebelos stated that he was not in favor of the water feature and would rather see the funds used for art. Mayor O'Brien Keighran closed public comments. Mayor O'Brien Keighran stated that she wasn't in favor of the water feature. She explained that she wants to make the square age friendly, as Burlingame is pushing for more infrastructure for all ages. She noted that she would rather see the water feature replaced with more space for people to be able to play games. She discussed installing rotating public art. Councilmember Colson thanked Urban Field for developing both concepts. She stated that was not in favor of the large water feature. She added that she would like to see public art in the town square and up -ground lighting. She asked that a study session be scheduled to discuss Project Labor Agreements. Councilmember Colson stated that she was leaning towards "The Grove" design. 17 Councilmember Brownrigg commented that he is a little frustrated that the preliminary dollar amount is higher than what Council was previously told. He added that he was not in favor of the large water feature but liked the water wall and public art. Councilmember Brownrigg stated that he was in favor of "The Grove" Vice Mayor Ortiz voiced support for "The Curve" design as it is unique and he thinks fits the space better. He added that he was in favor of the water wall. Vice Mayor Ortiz concurred with Councilmember Colson that a study session should be scheduled on Project Labor Agreements. Councilmember Beach stated that she was partial to "The Curve" design as she liked all the trees. She voiced support for the water wall. Councilmember Beach concurred with her colleagues about scheduling a future study session to discuss Project Labor Agreements. Mayor O'Brien Keighran voiced her support for the water wall. She discussed how the open space near Park Road would encourage people to socialize. Sares Regis representative Dave Hopkins voiced his appreciation for the City's work on this project. b. DISCUSSION REGARDING AMENDING CHAPTER 6.39 OF THE BURLINGAME MUNICIPAL CODE TO ALLOW OFF -PREMISE MASSAGE SERVICES Interim City Attorney Spansail explained that the City has received inquiries as to whether the Burlingame Municipal Code permits off -premise massage. He clarified that off -premise massage refers to any massage that doesn't takes place at a permitted massage establishment. He stated that off -premise massages are currently not permitted under the Municipal Code. Interim City Attorney Spansail explained that in 2013, the City Council adopted Ordinance Number 1894 in response to California Senate Bill 731 and the corresponding Massage Therapy Act. He stated that the Massage Therapy Act supersedes local municipal legislation and decreased a local government's authority to control massage establishments. He explained that the Act authorized the creation of the California Massage Therapy Council (CAMTC), which is responsible for the certification of massage practitioners at a state-wide level. Interim City Attorney Spansail stated that in 2014, the Governor approved AB 1147, which shifted regulatory oversight of massage businesses back to local governments. He noted that AB 1147 enacted restrictions in governments' ability to regulate CAMTC certified massage professionals within their jurisdiction. He stated that the City Council passed Ordinance 1918 in 2015 as a result of AB 1147. Interim City Attorney Spansail noted that prior to the Massage Therapy Act, the City permitted off -premise massages. He stated that Ordinance 1894 removed off -premise massages as a permitted activity. He explained that off -premise massages are currently not a permitted activity and would require an amendment to the Municipal Code. Interim City Attorney Spansail explained that currently Millbrae, San Bruno, San Carlos, and Palo Alto do not permit off -premises massages. He stated that San Francisco, South San Francisco, San Jose, Oakland, Redwood City, and Mountain View each permit off -premises massages, but with varying levels of restrictions. Interim City Attorney Spansail noted some challenges in regulating off -premises massages: • The Police Department loses the ability to inspect the premises during business hours • Inspections can help note any health and sanitation issues • Set -price list is more difficult to enforce at an off -site location Interim City Attorney Spansail explained that these issues could be lessened through City mandated requirements governing off -premises massage. He stated that the City could include requirements that all -off premises massage practitioners be CAMTC certified. Mayor O'Brien Keighran stated she brought this issue to Council because massage businesses have suffered as a result of COVID-19. She explained that she was approached by massage practitioners about the issue. Mayor O'Brien Keighran asked if the cities that allow off -premises massages have encountered any issues. Interim City Attorney Spansail stated that he has not heard from other cities about any issues. He stated that other cities have reported that as long as the off -premises massage practitioner was CAMTC certified, there were no issues. Mayor O'Brien Keighran asked if off -premises massage practitioners would need to have a current business license. Interim City Attorney Spansail replied in the affirmative. Vice Mayor Ortiz asked how many individuals had been cited for off -premise massages. Police Chief Matteucci replied that there were none. Councilmember Brownrigg stated he was inclined to support off -premise massages. He voiced concern for the safety of the massage therapist going into a stranger's house. Interim City Attorney Spansail stated that there are some measures that could be taken, but he acknowledged that there is an inherent risk. Councilmember Colson voiced support for amending the Municipal Code. She noted that in her experience, massage practitioners are usually going to clients that they already know in some capacity. Councilmember Beach asked if staff has any recommendation on if massage practitioners should have some form of certification. Interim City Attorney Spansail stated that he believes many safety issues will be mitigated from having massage practitioners being CAMTC certified. 19 Mayor O'Brien Keighran opened the item up to public comment. No one spoke. Councilmember Colson made a motion for staff to bring back an ordinance to amend Municipal Code section 6.39 to allow off -premises massage services with CAMTC certification and any other suggested changes; seconded by Vice -Mayor Ortiz. Councilmember Brownrigg commented on the motion. He asked staff to investigate if any cities have a whistleblower clause for massage therapists. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS a. COUNCILMEMBER BEACH'S COMMITTEE REPORT 12. FUTURE AGENDA ITEMS Mayor O'Brien Keighran noted that staff would schedule a study session on Project Labor Agreements. The Council concurred. 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 O'Brien Keighran adjourned meeting at 9:44 pm. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 20