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HomeMy WebLinkAboutMin - CC - 2021.06.07CITY 0 BURLINGAME uFai[o J u[ 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting on June 7, 2021 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Vice Mayor Ortiz. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION City Attorney Guina reported 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. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING JUNE 2021 AS PRIDE MONTH San Mateo County LGBTQ Commissioners Giuliana Garcia and Krystle Cansino thanked Council for recognizing June as Pride Month. Ms. Garcia updated Council on the County's Pride Visibility Campaign. She stated that all 20 cities in the County are issuing proclamations in recognition of Pride Month! She explained that 19 of the 20 cities are raising the Pride flag. She invited the City to attend the County Pride events that are happening through June 12. Mayor O'Brien Keighran opened the item up for public comment. Sam Gardiner asked the City to raise the Pride Flag at City Hall (comment submitted via publiccomment(d),burlingame. org). Mayor O'Brien Keighran closed public comment. Mayor O'Brien Keighran read the proclamation. She added that the City scheduled a Special Council Meeting for June 9, 2021 to discuss whether or not to raise the Pride flag at City Hall. b. UPDATE ON OFF -LEASH DOG AREAS Recreation Manager Nicole Acquisti gave an update on off -leash dog parks in Burlingame. She stated that for the past ten years, due to significant interest, staff worked on expanding off -leash options. Recreation Manager Acquisti discussed the Dog Park Task Force, comprised of two Councilmembers, two Parks and Recreation Commissioners, and City staff. Since 2012, the Dog Park Task Force has held six formal meetings, toured many neighboring cities' dog parks, and held over 30 community meetings. She stated that there are over 1,700 licensed dogs in Burlingame. Recreation Manager Acquisti stated that the Dog Park Task Force found that dog owners are looking for more off -leash options and longer hours. She noted that there has been an increase in park usage. She stated that there has been increased conflict between off -leash dogs and other park users, particularly in the field areas. She stated that there is also concern about people not picking up after their dogs. Recreation Manager Acquisti reviewed the City's current off -leash areas: 1. Washington Park and Cuernavaca grass — 6:00 a.m. to 7:30 a.m., 7 days a week 2. Washington Park and Cuernavaca ballfields — September through May, 8:00 a.m. to 3:00 p.m. 3. Bayside Exercise Park — Sunrise to Sunset 4. Skyline Park — Sunrise to Sunset — 7 days a week Recreation Manager Acquisti stated that staff s concerns have remained the same since 2012: expanded hours, the need to keep off -leash users separate from other park users, field maintenance, and owners not picking up after their dogs. She mentioned that urine stains have been seen at the new Ray Park field. She explained that the pH of the urine causes the grass to stain, and it can take up to a year for the grass to recover. Recreation Manager Acquisti stated that the 2018 Ray Park Master Plan outlined potential off - leash dog areas at the park. She noted that there will be a presentation at the Parks and Recreation Commission's June 17 meeting about these dog -specific areas. Recreation Manager Acquisti stated that the Dog Park Task Force continues to look into other options for off -leash areas in the city. 2 Parks and Recreation Director Glomstad discussed the SummerHill development on Rollins Road and noted that it would have a City park. She explained that this project would include two fenced -in off -leash areas. However, she added that this project will not come to fruition for a few years. Councilmember Brownrigg voiced his appreciation for Ray Park and noted that he wanted to ensure that dog owners were able to utilize it. Parks and Recreation Director Glomstad stated that the two fenced -in dog areas that are being considered at Ray Park are two areas that are not as heavily used. Councilmember Brownrigg asked if the areas being considered are large enough to throw a ball. Recreation Manager Acquisti replied in the affirmative. Councilmember Beach asked about Council's involvement in creating the fenced -in dog areas at Ray Park. Recreation Manager Acquisti replied that the Parks and Recreation Commission would be discussing staff s proposal at the end of June. She explained that after the project is fleshed out, it would come before Council for approval. Parks and Recreation Director Glomstad clarified that the project would only go to Council if the cost is higher than staffs spending authority. Councilmember Colson discussed the need to ensure that the softball field is well maintained while also creating dog areas. Vice Mayor Ortiz concurred with Councilmember Colson. Mayor O'Brien Keighran stated she is looking forward to hearing more about this issue in the future. She thanked staff for the update. 7. PUBLIC COMMENT There were no public comments. 8. CONSENT CALENDAR Mayor O'Brien Keighran asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were pulled. Vice Mayor Ortiz made a motion to adopt the Consent Calendar; seconded by Councilmember Beach. Councilmember Brownrigg commented on the motion and stated that he wants to have a deeper conversation about cybersecurity, specifically ransomware. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FY 2021-22 BUDGET STUDY SESSION ON MAY 12, 2021 City Clerk Hassel -Shearer requested Council adopt the City Council Meeting Minutes for the FY 2021-22 Budget Study Session on May 12, 2021. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 17, 2021 REGULAR MEETING City Clerk Hassel -Shearer requested Council adopt the City Council Meeting Minutes for the May 17, 2021 Regular Meeting. c. ADOPTION OF A RESOLUTION APPROVING THE SECOND AMENDMENT TO THE RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATICS CLUB, INC. FOR THE MANAGEMENT AND OPERATION OF, AND FOR THE PROVISIONS OF AQUATIC PROGRAMS AT, THE BURLINGAME AQUATIC CENTER Parks and Recreation Director Glomstad requested Council adopt Resolution Number 060-2021. d. ADOPTION OF RESOLUTIONS AWARDING A CONSTRUCTION CONTRACT TO TRINET CONSTRUCTION, INC. IN THE AMOUNT OF $1,068,000 FOR THE WASTEWATER TREATMENT FACILITY PROCESS PIPING IMPROVEMENTS, AND APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH NICKITAS 7280 IN THE AMOUNT OF $127,957 FOR CONSTRUCTION MANAGEMENT SERVICES DPW Murtuza requested Council adopt Resolution Number 061-2021 and Resolution Number 062-2021. e. ADOPTION OF A RESOLUTION APPROVING THE STREET RESURFACING PROJECT TO COMPLY WITH SENATE BILL NO. 1 FOR FISCAL YEAR 2021- 2022 DPW Murtuza requested Council adopt Resolution Number 063-2021. f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SIDE LETTER AGREEMENTS TO THE BURLINGAME POLICE OFFICERS ASSOCIATION AND BURLINGAME POLICE SERGEANTS ASSOCIATION MEMORANDA OF UNDERSTANDING AND AUTHORIZING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) Human Resources Director Morrison requested Council adopt Resolution Number 064-2021. 2 g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH REDISTRICTING PARTNERS FOR A COMPENSATION INCREASE OF $103,000 FOR COMMUNICATION AND PUBLIC OUTREACH COSTS City Clerk Hassel -Shearer requested Council adopt Resolution Number 065-2021. h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR CITATION PROCESSING, PAYMENT AND ADJUDICATION SERVICES WITH TURBO DATA SYSTEMS, INC. FOR A TERM OF FIVE YEARS FROM JULY 1, 2021 AND EXPIRING JUNE 30, 2026 Police Chief Matteucci and Finance Director Augustine requested Council adopt Resolution Number 066-2021. i. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT TWO TO EXTEND THE AGREEMENT FOR JOINT USE, MAINTENANCE, OPERATION, AND FOR MAINTAINING A STRONG COLLABORATIVE RELATIONSHIP BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME SCHOOL DISTRICT FOR ONE YEAR City Manager Goldman requested Council adopt Resolution Number 067-2021. j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR SERVICE ORDER FOR INFORMATION TECHNOLOGY SERVICES FROM THE CITY OF REDWOOD CITY FOR FISCAL YEAR 2021-22 Finance Director Augustine requested Council adopt Resolution Number 068-2021. k. ADOPTION OF A RESOLUTION RATIFYING PAYMENT OF $40,547.03 TO SETTLE CITY CLAIM # BU-1422 (CLAIM OF PAMELA WOMACK) Assistant City Attorney Spansail requested Council adopt Resolution Number 069-2021. 1. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. RELATED TO PLAN CHECK AND INSPECTION SERVICES PROVIDED BY THE BUILDING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT CDD Gardiner requested Council adopt Resolution Number 070-2021. 5 m. AUTHORIZE THE MAYOR TO SEND A LETTER TO THE GOVERNOR AND CHAIRS OF THE SENATE AND ASSEMBLY BUDGET COMMITTEES REGARDING THE VEHICLE LICENSE FEE SWAP OBLIGATION City Manager Goldman requested Council adopt Resolution Number 071-2021. 9. PUBLIC HEARINGS a. CONSIDERATION OF ALLOWING HEALTH SERVICES AS A CONDITIONAL USE ON THE GROUND FLOOR ON PROPERTIES LOCATED IN THE HOWARD AVENUE MIXED USE DISTRICT CDD Gardiner stated that an application has been submitted to amend the zoning code and the Downtown Specific Plan to allow for health services on the ground floor on properties located in the Howard Avenue Mixed Use District (HMU). CDD Gardiner stated that this application originated with the proposal to renovate the existing property at 220 Primrose Road for use as a dialysis center. He explained that that use is considered a health service and is currently only allowed as a permitted use above the first floor (prohibited on the ground floor) in the HMU District. He stated that although this request was for 220 Primrose Road, this change would apply to all properties in the HMU District, as the City cannot make zoning changes for individual parcels. CDD Gardiner commented that the HMU District allows more uses than Burlingame Avenue does as it includes housing. He noted that the Planning Commission reviewed both the zoning code change and the dialysis center proposal. He stated that the Planning Commission decided to not recommend the changes, citing the lack of interface that health services might have with the street frontage. He added that the Planning Commission believed there were privacy and logistical challenges. He explained that because the Planning Commission did not recommend the code amendment, the Commission also did not make a recommendation for the dialysis center. Therefore, only the code amendment was presented to Council. He continued that should Council support the code amendment, the dialysis center application can be considered at a later date once the zoning amendment becomes code. CDD Gardiner explained that currently, health services are allowed as a permitted use in the following areas: • CAC (Chapin Ave Commercial) • DAC (Donnelly Ave Commercial) • NBMU (North Burlingame Mixed Use) • APN (Anza Point North) (maximum 5,000 sq ft) • IB (Inner Bay -shore — Industrial) (maximum 5,000 sq ft) CDD Gardiner stated that health services are allowed as a conditional use in the following areas: • C-1 — General Commercial • BMU (Bayswater Mixed Use) • MMU (Myrtle Road Mixed Use) 2 • RRMU (North Rollins Road Mixed Use) (maximum 5,000 sq ft) • RR (Rollins Road District — Industrial) Councilmember Beach asked if there have been other requests for ground floor health services in areas where they are not currently allowed. CDD Gardiner responded that staff hasn't seen many applications for this sort of use and that this was an applicant -initiated code amendment. He discussed businesses like Warby Parker that have both a healthcare and a retail component. Vice Mayor Ortiz asked if there was any distinction between different types of medical uses. CDD Gardiner responded that for land uses, they are all considered the same. He explained that the initial proposal was to allow the health services as a permitted use, which would be consistent with the allowed uses above the first floor. He stated that the Planning Commission was inclined to support the concept as a conditional use. Councilmember Brownrigg asked if retail could be put in front of the clinic. CDD Gardiner responded that the nature of the dialysis center doesn't allow for retail. Councilmember Brownrigg asked if the building could be split to allow retail in the front and dialysis in the back. CDD Gardiner responded that there was discussion on what could be done to make the dialysis center more approachable, but the Councilmember's suggestion was not discussed. Councilmember Beach made a motion to introduce the ordinance; seconded by Vice Mayor Ortiz. Councilmember Brownrigg voiced concern about introducing the ordinance prior to discussing it and hearing from the public. City Attorney Guina explained that the motion is to waive further reading and introduce the ordinance. (While the City Clerk had yet to read the title of the ordinance, waiving further reading would allow the Clerk to read only the title of the ordinance and not the whole ordinance.). He added that after the public comments on the ordinance and the Council discusses the ordinance, the Council would then vote on a motion on whether to bring the ordinance back for a second reading. Mayor O'Brien Keighran asked if the ordinance is up for adoption at this meeting or if it would need to come back. City Attorney Guina stated that the ordinance would need a second reading and, therefore, would be brought back to Council for adoption at a second meeting. City Attorney Guina stated that if Council is concerned about voting on the ordinance, they can delay the vote and introduction of the ordinance until after public comment. Mayor O'Brien Keighran asked if Council would be voting on the resolution to amend the Downtown Specific Plan. City Manager Goldman replied in the negative. She explained that the resolution was attached to the staff report for the Council's review. However, the Council would not vote on the resolution until the ordinance is brought back for a second reading. 7 City Clerk Hassel -Shearer reviewed the Council's procedures on public hearings on proposed ordinances. She stated that typically, the Mayor asks the City Clerk to read the title of the ordinance, and then the Council votes to waive further reading and introduce the ordinance, which opens the hearing. She stated that the public is allowed to comment at this time, and then the Council discusses the ordinance. Lastly, if the Council is comfortable with the ordinance, a motion is made to bring back the ordinance for a second reading. Mayor O'Brien Keighran asked if Council does not give the City Clerk the permission to bring the ordinance back for consideration of adoption, then would the motion be dead tonight. City Clerk Hassel -Shearer replied in the affirmative. Councilmember Brownrigg commented that he would not vote to support the motion as he feels the decision at this meeting would be whether to introduce the ordinance. He explained that he believed the Council should have a conversation like the Planning Commission with a decision at the end on whether or not to introduce the ordinance. Councilmember Beach stated that her intent behind her motion was to follow the procedure in the staff report as has been done before. She stated she would withdraw her motion if that is what staff recommends. Councilmember Colson stated that she felt more information was needed on the proposed ordinance. She explained that between zoning questions and project questions, there was a lot to consider. Mayor O'Brien Keighran asked City Attorney Guina if the Council could go into public comment and then have a discussion after. City Attorney Guina responded in the affirmative. Woodstock Development representative Kirk Syme spoke on behalf of the proposed project. He explained that the proposed project would be at 220 Primrose Road, formerly Anthropologie, which has been vacant for three years. He introduced the prospective tenant for the space: DaVita. DaVita representative Becky Garland explained that DaVita provides dialysis services in Burlingame and throughout the Bay Area to thousands of patients. She noted that DaVita has approximately 15 patients that reside in Burlingame and the surrounding communities. Ms. Garland explained that on average, patients receive dialysis treatments three times a week, for three to five hours at a time, for the remainder of their lives. She stated that the building is a perfect size for their business. Ms. Garland stated that the proposal includes a yellow loading zone to help facilitate the three shifts of patients throughout the day. She noted that they have four to five patients that share any given start time, and that of those patients, roughly 40% are driven by their family, 30% are self - driven, and 30% are driven by a third party. She explained that the parking and traffic requirements are in -line with what a second floor medical office would entail. She continued that any additional traffic caused between shifts would likely be considered off cycle, giving capacity to surrounding establishments during their regular high traffic times. Dr. Robert Sing voiced support for opening a dialysis center at 220 Primrose Road. He voiced concern about other dialysis centers in the area closing and the need to find space for a new one. Mayor O'Brien Keighran asked for clarification on which dialysis center is closing. Ms. Garland responded that the dialysis center at Mills in San Mateo is closing due to a dead-end lease. She stated that the next closest one is 1720 El Camino Real, but it is not large enough to handle the influx of patients from the closing of the Mills location. Mayor O'Brien Keighran commented that there are a number of dialysis centers on the Peninsula and asked about the average size of the centers. Ms. Garland replied that centers are approximately 10,000 square feet. She noted that the Foster City center has also closed. Mayor O'Brien Keighran asked about the proposed business hours for the project. Ms. Garland responded that it would be similar to other centers, operating from approximately 5:00 a.m. to 9:00 P.M. Mayor O'Brien Keighran asked if any patients are transported to the center by ambulance. Ms. Garland replied in the affirmative. Vice Mayor Ortiz stated that he wasn't sure the Council should be discussing the specifics of the DaVita proposal. He explained that he thought Council's focus should be on the merits of the zoning code amendment. Mayor O'Brien Keighran stated that she wanted to utilize the expertise of the DaVita representatives while they are in attendance. Councilmember Beach asked City Attorney Guina if Council is able to discuss the specific project based on the way this item was noticed or if they have to keep to just the zoning issue. City Attorney Guina responded that based on the agenda, what is up for consideration is the legislation, not the particular application for a specific medical use. He explained that what Council is considering at this meeting is the amendment to the zoning ordinance and its application to medical uses in general, not a specific application. Mayor O'Brien Keighran asked if she could ask questions about the context of a health service as it relates to zoning. City Attorney Guina replied in the affirmative. Councilmember Brownrigg voiced concern about allowing health services this close to the downtown. CDD Gardiner explained that the City wouldn't have to allow health services on the ground floor in the entire HMU District. He gave the example of the commercial recreation provision in the Burlingame Avenue Mixed Use District, which is only for the 1400 block. He stated that the Council could apply a similar logic for health services in the HMU District. 0 Councilmember Brownrigg asked about parking in conjunction with health services. CDD Gardiner responded that there is a parking ratio for health services. He noted that it is less intensive than restaurants. He mentioned that One Medical, a current health services tenant, does not have a parking requirement, and that seems to work. Mayor O'Brien Keighran opened the item to public comment. Athan Rebelos urged the Council not to amend the zoning code ordinance. Mayor O'Brien Keighran closed public comment. Vice Mayor Ortiz stated that this was a complex issue. He explained that he believed that there are some health services that should be allowed and others that he didn't feel were right for the downtown. Therefore, he felt that a blanket approval of health services was not the correct decision. Vice Mayor Ortiz discussed the uncertainty of the future of retail and that the City needs to get creative to help fill vacant locations. However, he stated that certain uses don't make sense for certain locations. Therefore, he stated that he thought health services should be kept a conditional use rather than an approved use. Mayor O'Brien Keighran stated she would not be in favor of a conditional use permit or of allowing health services as an approved use in the HMU District. She commented that the Safeway project many years ago brought up the question of how the back of a building interacts with the downtown and pedestrians. She noted that it is important to have a good pedestrian interaction with a building. She explained that health services don't really contribute to the goals that have been set out for the downtown area. She doesn't want to change the zoning of the area and regret it later. Councilmember Colson stated that she is reluctant to make a change in the zoning of the HMU District as she thinks it is to accommodate a specific request. She noted that she understands some spaces have a hard time being leased, but that sometimes it takes time to get a thoughtful tenant. She spoke to nearby businesses, and they voiced their opinion that 220 Primrose should remain a retail space. Councilmember Brownrigg noted that Council received some very thoughtful emails both for and against the new zoning amendment. He commented that once the Council makes this change, they can't go back. He stated he is having a hard time contemplating a fundamental change to the downtown strategy due to a single application. He added that he thinks it is time for the Council to conduct a holistic study of the downtown area to see what has been working, what is not, and plan for the future. He stated that while he wants to see 220 Primrose utilized, he is not inclined to support the proposed plan. Councilmember Beach commented that there doesn't seem to be a huge demand for first floor medical services at this time and that there are lots of places in the City where you can do first 10 floor medical that requires no new zoning. She stated that she is not in favor of the zoning amendment, but that Council could revisit the topic in the future. City Attorney Guina explained that Council can either take a vote on the motion, or withdraw the motion. Vice -Mayor Ortiz withdrew his second on the motion; Councilmember Beach withdrew her motion. City Attorney Guina stated there is nothing for Council to act on. Councilmember Colson commented that she hopes DaVita can work with the City's Economic Development Specialist to find a suitable location for the proposed facility. Councilmember Brownrigg concurred with Councilmember Colson. 10. STAFF REPORTS a. APPROVAL OF REVISIONS TO THE INVESTMENT POLICY FOR FISCAL YEAR 2021-22 Finance Director Augustine explained that every year, the City's investment advisors, PFM Asset Management (PFM), review the City's Investment Policy. She discussed Senate Bill 998, which updates and clarifies the California Government Code, governing the investment of public funds effective January 1, 2021. Finance Director Augustine stated that SB 998 had two potential impacts on the City's investments. Under SB 998, the City has the ability to invest 40% of its assets in commercial paper. She noted the City has no commercial paper in its portfolio, but that it is nice to have this option if the opportunity arises. The other potential impact is a 10% limit on the combined investment of commercial paper and medium -term notes of any singular issuer. She noted that the City has a narrower single -issuer limit in place, and PFM did not recommend a change in this provision. She stated a deletion of the language placing a 10% limitation of the outstanding commercial paper of any single issuer was recommended. Finance Director Augustine stated that other aspects of SB 998 didn't necessitate changes in the City's policy. Councilmember Beach asked if there has been any thought to socially responsible investment policies. She noted that the City has been organically investing responsibly. Finance Director Augustine explained that the City has a non -discretionary contract with PFM that results in the City Finance Director approving any trades made by PFM. She mentioned that there has been talk about ESG (environmental, social and corporate governance) by the audit committee, but that ESG in the public sector is a rarity. She noted that there is no single definition of ESG or how to objectively implement and apply ESG parameters. 11 Councilmember Colson commented that there are some "dirty" energy companies that are leading the way in "clean" energy technology. She stated that the way the City is approaching it now makes sense and seems to be working. Councilmember Brownrigg commented that most of the City's capital is non -discretionary. He noted that he is very grateful for Finance Director Augustine and her sensible approach. He stated he is happy to have a deeper conversation about ESG policies, but he is also content with the ad hoc nature and policies that are currently in place. Vice -Mayor Ortiz agreed with Councilmember Brownrigg and Councilmember Colson. Mayor O'Brien Keighran opened public comment. No one spoke. Mayor O'Brien Keighran closed public comment. Councilmember Colson made a motion to approve the revisions to the investment policy for Fiscal Year 2021-22; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS There were no council committee and activity reports. 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. 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 9:05 pm in memory of William "Bill" Crandall Jr and Archie "Duffy" Offield III. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 12