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HomeMy WebLinkAboutMin - CC - 2021.10.18CITY G BURLINGAME FATED JUNE BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on October 18, 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 Councilmember Colson. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor O'Brien Keighran reviewed upcoming events in the city. 6. PRESENTATIONS a. BEAUTIFICATION AWARDS Beautification Commissioner Marcia Bauer presented Stacks Restaurant with the 2021 Business Landscape Award. She displayed pictures of the work that Stacks has done to beautify the outside of their restaurant. She noted that local artist Dale Perkins painted a water color of Stacks Restaurant as part of the honor of winning the award. Stacks owner Geoffrey Swenson thanked the Beautification Commission and Council for the award. Tarny Perkins, Dale Perkins' son, thanked Burlingame for honoring Dale's artwork. Beautification Commissioner Bauer presented Kevin and Julie Swint with the 2021 Residential Sustainable Landscape Award. She displayed pictures of the landscaping that the Swints have undertaken at their property. Julie Swint thanked the Beautification Commission and Council for the award. Congratulations to Geoffrey Swenson and the Swints on their awards! b. POLICE RECOGNITION OF OFFICER CHRISTOPHER BARRETT Police Chief Matteucci introduced Officer Barrett, who was hired in July 2020. He explained that prior to joining the BPD team, Officer Barrett was in the US Army for four years and then worked as a nurse in a variety of facilities. Police Chief Matteucci outlined the great work of Officer Barrett to provide lifesaving assistance to a member of the public. He noted that Officer Barrett performed CPR for over two and a half minutes until additional help arrived. He presented Officer Barrett with the Burlingame Police Department Life Saving Medal. Mayor O'Brien Keighran and the Council thanked Officer Barrett for his efforts to save a member of the public. Officer Barrett thanked the Council and Chief Matteucci for the medal. 7. PUBLIC COMMENTS, NON -AGENDA Danielle voiced concern regarding the number of cars that are speeding in Burlingame. She asked that the City consider safety measures during school hours. (comment submitted via publiccomment@burlingame. org). Nirmala Bandrapalli encouraged the community to get involved in the redistricting of San Mateo County. (comment submitted via publiccomment@burlin ag me.org). 8. APPROVAL OF CONSENT CALENDAR Mayor O'Brien Keighran asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Beach pulled item 8j. Vice Mayor Ortiz made a motion to approve items 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, and 8i; seconded by Councilmember Brownrigg. The motion was approved unanimously by roll call vote, 5-0. 2 a. APPROVAL OF MEETING MINUTES FOR THE OCTOBER 4, 2021 CITY COUNCIL CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the October 4, 2021 Closed Session. b. APPROVAL OF MEETING MINUTES FOR THE OCTOBER 4, 2021 CITY COUNCIL REGULAR MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the October 4, 2021 Regular Meeting. c. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO AND RESTATEMENT OF THE JOINT POWERS AGREEMENT ESTABLISHING THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE City Manager Goldman requested Council adopt Resolution Number 123-2021. d. ADOPTION OF A RESOLUTION DELEGATING TO THE CITY MANAGER THE AUTHORITY TO SUBMIT APPLICATIONS FOR AND DETERMINE INDUSTRIAL DISABILITY OF SAFETY MEMBERS, AND RESCINDING CITY COUNCIL RESOLUTION NO.94-2009 HR Director Morrison requested Council adopt Resolution Number 124-2021. e. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BAY POINT CONTROL, INC. DBA MARINA MECHANICAL FOR THE ENERGY MANAGEMENT SYSTEM (EMS) UPGRADES AT THE MAIN LIBRARY, CITY PROJECT NO.85310, IN THE AMOUNT OF $347,500 Public Works Director Murtuza requested Council adopt Resolution Number 125-2021. f. ADOPTION OF A RESOLUTION ACCEPTING THE 2020 STREET RESURFACING PROGRAM BY O'GRADY PAVING, INC., CITY PROJECT NO.85640 Public Works Director Murtuza requested Council adopt Resolution Number 126-2021. g. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME'S RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT ENTITLED "CALIFORNIA'S GROUND ZERO FOR SEA LEVEL RISE" Public Works Director Murtuza requested Council adopt Resolution Number 127-2021. 3 h. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC City Clerk Hassel -Shearer requested Council adopt Resolution Number 128-2021. i. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CONFERENCE TECHNOLOGIES, INC. FOR UPDATES TO THE COUNCIL CHAMBERS TO ALLOW FOR THE IMPLEMENTATION OF HYBRID MEETINGS IN THE AMOUNT OF $135,000 City Clerk Hassel -Shearer requested Council adopt Resolution Number 129-2021. j. APPROVAL OF OUT-OF-STATE TRAVEL FOR THE DIRECTOR OF PUBLIC WORKS Councilmember Beach congratulated Public Works Director Murtuza on being invited to an invite only Public Works Conference in Texas. She thanked him for the work he has done on behalf of the City. Mayor O'Brien Keighran stated that the City was fortunate to have DPW Murtuza. She thanked him for his dedication. Mayor O'Brien Keighran opened the item up for public comment. No one spoke. Councilmember Beach made a motion to approve the out-of-state travel for the Director of Public Works; seconded by Vice Mayor Ortiz. The motion passed unanimously by roll call vote, 5-0. 9. PUBLIC HEARINGS INTRODUCTION OF AN ORDINANCE TO REPEAL CHATER 2.25 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO ELIMINATE THE CITY'S CAMPAIGN CONTRIBUTION LIMITS AND ISNTEAD UTILIZE THE STATE'S PROGRAM (CEO DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION 45378, 15061(b)(3) City Clerk Hassel -Shearer stated that this item was previously discussed at the August 16 and September 20 Council meetings. She noted that the Council discussed whether to amend the City's current campaign contribution limits or repeal the ordinance and go with the State program. She explained that at the September 20 meeting, the Council voted 3-2to direct staff to bring back an ordinance to repeal the City's campaign contribution ordinance in order to go with the State program. Mayor O'Brien Keighran asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel - Shearer read the title. 4 Councilmember Colson made a motion to waive further reading and open the public hearing; seconded by Vice Mayor Ortiz. The motion passed by roll call vote, 4-1 (Councilmember Brownrigg voted against). Mike Dunham urged the Council not to repeal the City's campaign contribution ordinance. He explained that he believed that going with the State program would make the contribution limits too high for the City. Mayor O'Brien Keighran closed the public hearing. Councilmember Colson stated that a lot of potential candidates aren't good at fundraising. She noted that she believed that by utilizing the State program, which would increase contribution limits, it would make it easier on potential candidates. She added that individuals would spend less time raising funds and more time campaigning. Councilmember Colson stated that a vast majority of cities on the Peninsula were also utilizing the State program. Councilmember Brownrigg stated that the City's current limits were set in 2007. He explained that he believed that the City was ahead of the game by setting the limits. He discussed a 2006 study that found that there is no support for the notion that campaign contribution limits hurt challengers. He noted that instead, campaign contribution limits work to reduce the financial bias that traditionally works in favor of incumbents. Councilmember Brownrigg urged his colleagues to rethink their decision to repeal the ordinance. Councilmember Beach concurred with Councilmember Brownrigg. She stated that she was concerned that even though district elections might cost more, an individual would be able to fund their campaign with only a few donations under the new law. Councilmember Beach discussed the City's current campaign contribution ordinance; Ordinance 1801. She noted that the ordinance states: "this ordinance was intended to establish fair contribution limits that would reduce any actual or perceived influence of contributions on elected city officials while ensuring that candidates can raise the money necessary to conduct effective campaigns for office." She thought that the City should stick with the intent of Ordinance 1801 to establish fair limits in order to reduce actual or perceived influence. Vice Mayor Ortiz stated that he has really struggled with this item. He noted that initially he was in favor of keeping City limits. However, he explained that when he looked at how much candidates raised in previous elections, the totals were well beyond what was needed to run. He stated that he felt that there were things that were being done to skirt the limits. Vice Mayor Ortiz stated that while he thought $4,900 was too high under the State program, individuals can review a candidate's contributions. He added that he liked the idea of having the State administer and enforce the limits, in order to take away the responsibility from the City Clerk, who has professional relationships with the Council. 5 Mayor O'Brien Keighran concurred with Vice Mayor Ortiz that $4,900 was too high. However, she explained that the elections are transparent, and therefore the public can review what individuals raise and who they receive funds from. She discussed the transition to district elections and was concerned that candidates would only be able to raise funds from their district. She noted that this would make fundraising trickier. Councilmember Colson concurred with Mayor O'Brien Keighran. Councilmember Colson asked the City Clerk if she would still help candidates understand the regulations around campaign contributions. City Clerk Hassel -Shearer replied in the affirmative. Councilmember Colson made a motion to bring the proposed ordinance back for a second reading; seconded by Vice Mayor Ortiz. The motion passed, 3-2 (Councilmember Brownrigg and Councilmember Beach voted against). 10. STAFF REPORTS a. CONSIDERATION OF ONE APPOINTMENT TO THE PARKS AND RECREATION COMMISSION TO FILL THE REMAINDER OF A TERM City Manager Goldman stated that at the October 4, 2021 meeting, the Council discussed three appointments to the Parks and Recreation Commission. She noted that two of the appointments were to serve full terms, and the third appointment was to fill the remainder of Emily Matthews' term. She added that at the October 4 meeting, the Council appointed Leslie Holzman and John Brunello to fill the two full -term appointments. However, she explained that the Council couldn't come to a decision on the partial -term appointment. Therefore, the Council decided to wait until Vice Mayor Ortiz was present in order to vote on the partial - term appointment. City Manager Goldman stated that the candidates for the partial term were Robert Cannone, Kevin Slaboda, and Howard Wettan. Mayor O'Brien Keighran opened the item up to public comment. No one spoke. City Clerk Hassel -Shearer asked the Council to text her their vote. She read their votes. After the first round of ballots, there was no majority. City Clerk Hassel -Shearer asked the Council to vote again. After the second round of ballots, Howard Wettan received a majority of the votes. Congratulations to Howard Wettan on his appointment to the Parks and Recreation Commission! 2 b. UPDATE ON SENATE BILL (SB) 9 AND SB 10 CDD Gardiner stated that SB 9 is a State -mandated law that applies to properties zoned single family residential. He displayed a map from the General Plan and stated that the portions of Burlingame in the yellow area are zoned single family residential. He noted that single family residential areas comprise a substantial amount of the City but added that SB 9 doesn't apply to R2, R3, or any of the other zones. CDD Gardiner explained that SB 9 requires housing development projects containing no more than two dwelling units on a single-family zoned parcel to be approved at the staff level, upon satisfaction of a number of qualifying criteria. He stated that SB 9 allows for the following on an individual lot: • Must allow two units, each at least 800 square feet • No setbacks if constructed in the same location and to the same dimensions as an existing structure • In other circumstances, four -foot side and rear yard setbacks • ADUs allowed • No short-term rentals • Required parking of no more than one space per unit, except no parking is required for projects (a) within a half -mile walking distance of a high -quality transit corridor or a major transit stop or (b) within one block of car share CDD Gardiner displayed a map that outlined the half -mile radiuses from major transit stops. He noted that under SB 9, parking couldn't be required within these areas. CDD Gardiner reviewed the criteria that projects must meet under SB 9 for lot splits: • Each parcel must be at least 40 percent of the original parcel's size • Each parcel must be at least 1,200 square feet • No sequential lot splits, either on same lot or adjacent lots • Requires an affidavit that the applicant intends to use one of the housing units as a principal residence for at least three years from the date of approval • ADUs may be restricted if there is a lot split CDD Gardiner stated that SB 9 takes effect January 1, 2022. He noted that SB 9 leaves a lot of room for local discretion. He explained that staff is proposing a two-phase work plan for complying with SB 9. He added that staff is in the midst of a Zoning Ordinance update. CDD Gardiner stated that Phase 1 will be undertaken during fall 2021 and consists o£ • Basic objective development standards included in the ongoing Zoning Ordinance update • Standards will be based on existing R-1 standards for building size, lot coverage, setbacks, and building height (unless conflicting with standards summarized above) so that new projects would retain the "house scale" of the neighborhoods • Intent is to have basic standards adopted prior to the SB 9 legislation taking effect on January 1, 2022 CDD Gardiner stated that Phase 2 will be undertaken in spring 2022 and includes: • Refining the basic standards to further reflect the building patterns particular to Burlingame's neighborhoods 7 • Focusing on detailed objective design standards, possibly form -based code • Community engagement CDD Gardiner stated that Planning Commissioner Terrones designed an example of what a project could look like under SB 9 that fits in with the neighborhood. He displayed pictures of Commissioner Terrones' drawing. He added that the City can also utilize the Neighborhood Design Guidebooks for inspiration. He noted that the guidebooks are design guidelines and could be potentially converted to standards. CDD Gardiner reviewed SB 10 which allows, but does not require, local agencies to adopt an ordinance to allow up to ten dwelling units on any parcel if the parcel is within a transit -rich area or urban infill site. He added that SB 10 isn't specific to R-1 and can be applied to any parcel and zoning district. He stated that the General Plan already provides a range of multi -unit residential and mixed -use land use districts with a wide range of residential densities. Mayor O'Brien Keighran asked if SB 9 units would count towards the City's RHNA number. CDD Gardiner replied in the affirmative. He explained that the City's RHNA numbers are based on net increases. Therefore, if someone is splitting a lot, it will count towards RHNA. Mayor O'Brien Keighran discussed the requirement for the applicant to live in one of the housing units for at least three years under SB 9. She asked how this would be enforced. Additionally, she noted that SB 9 states that this requirement comes into effect upon date of approval and not date of the units being built. Therefore, she asked how it was possible for someone to live in one of the units upon date of approval. CDD Gardiner stated that he didn't know how the date of approval requirement would work. Mayor O'Brien Keighran asked if the State would indemnify local cities if there are lawsuits. City Attorney Guina replied in the negative. He stated that there was nothing in the statute that provides for indemnification. Mayor O'Brien Keighran asked if the lot split could be done anyway as long as it meets the 1,200 square feet requirement. CDD Gardiner stated that he believed the City would have some discretion in how lots are split. Mayor O'Brien Keighran stated that under SB 9, no parking spaces are required within a half mile of radius of major transit. She discussed the City's current parking issues and asked if the City could institute no overnight parking. She noted that her concern is for public safety and access of emergency vehicles into neighborhoods. CDD Gardiner stated that he would have to look into that. Mayor O'Brien Keighran asked if individuals that split their lots would have their properties reassessed for property tax purposes. CDD Gardiner replied that he would need to look into that. Councilmember Brownrigg stated that he was confused about the setback requirements and FAR for split lots. He asked if he was right that SB 9 doesn't prohibit the City from regulating FAR or height. CDD Gardiner replied in the affirmative. 0 Councilmember Colson asked if SB 9 covered the additional funding that would be needed for schools in regard to increased populations. CDD Gardiner stated that a new unit would be subject to impact fees, including school fees. Councilmember Colson stated that the Superintendent made it clear that the impact fees are insignificant in acquiring land and building a new school. She noted that there would most likely need to be a bond measure passed to fund a new school. Councilmember Colson asked if the City could require driveways and walkways to be permeable. CDD Gardiner stated that provided permeability can be described objectively, he thought this was plausible. Councilmember Colson noted that her lot has a creek and asked if she could culvert her creek and then split her lot. CDD Gardiner stated that the legislation doesn't preempt Fish and Wildlife regulations. He added that if the lot is not conducive to being split, that is the nature of the lot. Councilmember Colson asked if any part of the city would fall under the SB 9 exemptions for fire prone areas and historical districts. CDD Gardiner stated that he didn't believe there was an area in the city that would fall under the exemption for fire prone areas. However, staff would consult with CCFD. Councilmember Colson stated that the City meets its RHNA numbers by up -zoning. She noted that SB 9 is an enormous up -zone. However, she asked about the RHNA allocation and the up -zoning of single-family home lots. CDD Gardiner stated that the City's RHNA number does not change. He noted that because SB 9 is untested, staff doesn't want to rely on it to meet the City's RHNA allocation. Instead, staff is looking to meet that number through existing multi -family and mixed -use zones in the city. Councilmember Beach thanked staff for the presentation. She asked if she was correct that under SB 9, local jurisdictions could prevent ADUs from being built on split lots. CDD Gardiner replied in the affirmative. He added that it is at the municipality's discretion. Councilmember Beach stated that she thought carsharing spots would become more important under SB 9. Vice Mayor Ortiz discussed what his neighborhood, Ray Park, might look like under SB 9. He explained that Ray Park is comprised of 5,000 square foot lots and is within the half -mile radius of major transit. Therefore, under SB 9, most of the lots could be split with duplexes and ADUs built, and no parking requirements. Mayor O'Brien Keighran asked if it was possible to put in a standard to not allow cars to be parked on front lawns. CDD Gardiner replied that he believed this was possible. He explained that he thought the City could require a front yard setback and not allow cars to be parked in the setback. Mayor O'Brien Keighran asked if the City could add fees to handle the increased infrastructure demand for water, sewer, and garbage. CDD Gardiner stated that staff would need to undertake a nexus study and then could determine appropriate fees. He added that the City's hands are tied on school fees as this is dictated by State law. 0 Mayor O'Brien Keighran opened the item up for public comment. Jennifer Johnson and Chuck Fontana voiced their opposition to SB 9 and thought local jurisdictions were best equipped to handle housing needs in the community. (comments submitted via publiccomment&burlin ag me.org). Jennifer Pfaff asked questions about SB 9 and SB 10 regarding emergency access, setback requirements, and whether the Council can establish parameters by which future Councils could invoke SB 10. (comment submitted via publiccommentgburlin ag me.org). Mayor O'Brien Keighran stated that SB 9 passed at the State level and is not something that the Council pursued. She noted that the Council wrote a letter to State legislators urging them not to approve SB 9. Jim Briggs voiced concern about the ability of the City's infrastructure to support the increased housing that SB 9 may create. Mike Dunham voiced his support for SB 9. He stated that he believed that time would show that this was the right move for California. Sandy Comaroto discussed the great work that the City has done to build affordable housing and multi- family units. She voiced concern about the design of units on split lots. Mayor O'Brien Keighran closed public comment. Councilmember Brownrigg thanked Planning Commissioner Terrones for thinking about what a lot split design might look like. He stated that previously, the City incentivized putting the garage in the back corner of the yard by giving individuals more house. However, he noted that while the incentive worked, a lot of people didn't use the garages for parking. He stated that he believed the backyard garages would be converted into ADUs. Councilmember Brownrigg stated that the City should figure out how to incentivize making a duplex look like it fits into a neighborhood. He explained that he thought the City may want to incentivize attached garages as they would be more likely to be used. Councilmember Brownrigg stated that he would be willing to see greater heights on buildings if it provided for duplex designs that fit into their neighborhoods. Councilmember Colson discussed all the work the City has done to create more housing in transit -oriented areas. She stated that she thought an exemption should have been included in SB 9 for cities that are meeting their RHNA numbers. Additionally, she stated that at the last Home for All meeting, she asked that they focus on implementation of SB 9. Councilmember Colson stated that the City should digest SB 9 and put SB 10 on hold for a later date. 10 Vice Mayor Ortiz stated that a priority should be limiting the impact of split lots on neighboring properties. He added that he concurred with Councilmember Brownrigg and would support increasing height in order to limit impacts. Councilmember Beach stated that the Council and League of California Cities urged the State Legislature to not approve SB 9. She voiced concern that cities in small counties and in urban areas were all being treated the same under the legislation. Councilmember Beach stated that she was a little concerned about Councilmember Brownrigg's suggestion for incentivizing attached garages. She noted that she believed carsharing and open space would be important as SB 9 is implemented. She added that she would be in favoring of not allowing ADUs on lot splits until it is further studied. Councilmember Beach stated that she wasn't in favor of implementing SB 10. She explained that she believed the Council had undertaken thoughtful land use. Councilmember Beach voiced concern for how SB 9 impacts the schools. Mayor O'Brien Keighran stated that anything the City can do to promote design that fits into the neighborhood would be important. She noted that she isn't in favor of attached garages as it is too much house towards the sidewalk. She added that it doesn't create a pedestrian friendly atmosphere. Mayor O'Brien Keighran stated that she thought staff should create landscaping criteria for lot splits. She explained that she wasn't in favor of allowing ADUs on lot splits and wasn't in favor of implementing SB 10. Mayor O'Brien Keighran stated that she was worried about parking within a half mile of public transit. She asked that staff look into implementing no overnight parking and other measures to ease parking strains in these areas. The Council thanked staff for the presentation. c. UPDATE ON THE VILLAGE AT BURLINGAME PROJECT CDD Gardiner discussed the ribbon cutting ceremony for the Highland Avenue Public Garage, which is the first half of the Village at Burlingame project. He introduced Chris Grant from Pacific Companies to provide an update on where the construction is for the affordable housing project. Mr. Grant stated that the project is a great example of a successful housing project because it provides a variety of benefits to the community including affordable housing, parking, and open space. He discussed the partnership between the City and the affordable housing development community. Mr. Grant reviewed the Village at Burlingame project stating that it consists of 132 units of affordable housing for workforce and seniors. Additionally, the project has 145 parking spaces. 11 Mr. Grant stated that they believe individuals will be moving into the development during the second quarter of 2023. He explained that they will start putting together the list of potential tenants in the 90 days leading up to the move -in date. Councilmember Beach asked if she was correct that in about a year, Pacific Companies will be accepting applications from individuals that want units. Mr. Grant stated that applications would roll out in December 2022. Councilmember Beach asked if Pacific Companies would be staying on to manage the property and tenants. Mr. Grant stated that Pacific Companies would partner with local property management companies but would continue to oversee the property. Councilmember Colson discussed how this project will assist members of the community. She stated that she hoped the City and Pacific Companies would do a good job marketing these units in order to house teachers and local workers. Mayor O'Brien Keighran concurred with Councilmember Colson about the importance of housing local workers in the development. She asked for information in the future about how the development would be marketed. Councilmember Brownrigg thanked Pacific Companies for maintaining momentum on the project throughout COVID-19. Councilmember Beach asked if preference could be given to people that work in Burlingame. City Attorney Guina stated that he would need to confer with Mr. Grant and CDD Gardiner on this matter. The Council thanked Mr. Grant for the update on the project. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no announcements. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees are available online at www.burlin-a�g. 12 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 9:30 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 13