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HomeMy WebLinkAboutMin - CC - 2022.01.03 Regular Meeting�� CITY C BURLINGAME e web. BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on January 3, 2022 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 Parks and Recreation Glomstad. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no reportable action. 5. UPCOMING EVENTS Mayor Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS, NON -AGENDA There were no public comments. 8. APPROVAL OF CONSENT CALENDAR Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No item was removed. 1 Councilmember Colson asked that committee assignments be updated to include her position on the C/CAG Finance Committee and the C/CAG Climate Protection subcommittee. City Clerk Hassel -Shearer replied in the affirmative. Councilmember O'Brien Keighran made a motion to adopt the Consent Calendar; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0. a. ADOPTION OF A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM IN THE AMOUNT OF $156,946 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE BURLINGAME SQUARE TRANSIT HUB PROJECT, CITY PROJECT NO.84710, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 001-2022 b. $128,609ADOPTION OF A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE RENEWED AND REVISED AGREEMENT BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME AQUATIC 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 002-2022 c. ADOPTION OF A RESOLUTION AMENDING THE PART-TIME EMPLOYEE SALARY AND BENEFIT PLAN HR Director Morrison requested Council to adopt Resolution Number 003-2022 d. CONFIRMATION OF THE MAYOR'S COUNCIL ASSIGNMENTS FOR 2022 City Clerk Hassel -Shearer requested Council approve the Mayor's Council Assignments for 2022. 2 9. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE REPEALING CHAPTER 2.19 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE AND ADDING CHAPTER 2.18 TO TITLE 2 OF THE BURLINGAME MUNICIPAL CODE TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION NUMBER OF EACH DISTRICT, AND ESTABLISHING THE ELECTION ORDER OF EACH DISTRICT; CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION 15378, 15601(B)(3) City Clerk Hassel -Shearer explained that this was the fifth hearing regarding the City's transition to district elections for City Council seats. She briefly explained that the City received a letter from the law firm Shenkman and Hughes telling the City that it had violated the California Voting Rights Act. She noted that this letter was sent to many other cities, special districts, and school districts throughout the state, and the majority of these agencies decided to transition to district elections. She stated that the City held four public hearings and has conducted extensive public outreach. She explained that tonight's hearing is to introduce an ordinance that adopts Draft Map D for district elections and establishes the election order. City Clerk Hassel -Shearer explained that districts one, three, and five will go to elections first, in November 2022, as Councilmember O'Brien Keighran, Vice Mayor Brownrigg, and Mayor Ortiz's terms are all up in 2022. She added that districts two and four will be up for election in November 2024, and those line up with the terms of Councilmember Beach and Councilmember Colson. Mayor Ortiz asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer read the title. Councilmember Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. Vice Mayor Brownrigg asked Redistricting Partners to explain how public input was received and processed. Redistricting Partners CEO Paul Mitchell explained that districting has become a much more front facing process over the years. He noted that the City has conducted extensive public outreach to obtain community input on what the lines should be. He explained that the job of Redistricting Partners is to review that input and determine how best to keep neighborhoods together while ensuring compliance with State districting regulations. He stated that as his firm goes from the community of interest testimony to the map finalization process, they have to make choices and decisions around how to balance the various communities of interest. He noted that there can be instances where they try to keep a community together, but in doing so it violates some criteria that invalidates a potential map. Mr. Mitchell stated that Burlingame has been one of the best organizations in promoting the district elections process, and that he has used Burlingame as an example for other cities. Vice Mayor Brownrigg thanked Mr. Mitchell for his explanation. 3 Mayor Ortiz opened the public hearing. No one spoke. Councilmember Colson made a motion to bring back the ordinance for a second reading; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF ONE APPOINTMENT TO THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked Council to text her their votes. She read their votes. Congratulations to Bee Hui Yeh on her appointment to the Measure I Citizens' Oversight Committee. b. CONSIDERATION OF ONE APPOINTMENT TO THE PLANNING COMMISSION TO FILL THE REMAINDER OF A TERM Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer had Council text her their votes. She read their votes. Congratulations to Jennifer Pfaff on her appointment to the Planning Commission. c. ADOPTION OF A RESOLUTION SETTING A PARKLET RENT STRUCTURE CDD Gardiner explained that at the December 6, 2021 City Council meeting, Council approved extending the parklet program through December 31, 2022. However, he noted that Council requested that rent be charged for the use of publicly -owned space and that cleaning fees be assessed at a later date. He stated that the City Council passed a motion to adopt a $1,500 per year rent program, with cleaning fees to be adopted in the future, and with any future fee escalation to be approved by the Council. CDD Gardiner explained that the intent of setting a rent structure is to capture the value of publicly -owned land, so that the use of space is not considered a gift of public funds, as gifts of public funds are not allowed under the State Constitution. He added that 2022 would be a trial run for this program to see if it would work long term. CDD Gardiner explained that the program is modeled off of Mountain View's parklet program. He noted that the parklets in Burlingame, like those in Mountain View, are typically 300 square feet, so this would suggest an annual parklet rent of $4.95 per square foot, which equates to $1,485 per year. This number was then rounded up to $1,500. He noted that the fee structure for sidewalk cleaning is still under review, but that it should be ready for the January 18 Council meeting. 4 CDD Gardiner discussed design standards for the parklets. He explained that the main concerns are covering the orange barriers and providing a floor that is level with the sidewalk. He added that he doesn't believe that the standards will be more involved than that. Councilmember O'Brien Keighran clarified that the item on the agenda was just about the rent fee and not the cleaning fee. CDD Gardiner replied in the affirmative. Councilmember Colson asked how the current encroachment permit fee is assessed and what that fee covers. DPW Murtuza replied that the fee is based on the plans submitted by the restaurant operator for the square footage they intend to use in front of their business. He explained that the fee covers staff time. Councilmember Colson asked for clarification on staff time. DPW Murtuza explained that staff time includes reviewing the application but does not cover cleaning. Councilmember Beach asked about the loss of parking revenue and if the City had determined what a prime spot in downtown Burlingame yields. DPW Murtuza replied that if the parking space is in use for the maximum amount of time (6 days a week, 8:00 a.m. to 6:00 p.m.), then the $1,500 rent is roughly a 10% return. Councilmember Beach thanked DPW Murtuza for the insight and commented that the City is being reasonable in forgoing potential parking revenue. Councilmember O'Brien Keighran asked if a business previously submitted an encroachment permit, are they allowed to alter it. DPW Murtuza replied that the business would need to submit a revision to their permit. Councilmember O'Brien Keighran asked if there are alternatives to parklets. DPW Murtuza replied that staff looked into alternatives, but that pedestrian flow is tough to maintain when there is not enough sidewalk width. He noted parklets are meant to be used in a parking space. Councilmember O'Brien Keighran asked if a restaurant does not have parking spaces in front of them, could they, with the permission of a next -door business, construct a parklet in their space. DPW Murtuza replied in the affirmative. Vice Mayor Brownrigg asked if CDD Gardiner could elaborate on the aesthetics of the parklets. CDD Gardiner responded that there was some debate on how elaborate the aesthetic guidelines should be, but that generally the businesses are maintaining the parklets pretty well. He noted that the orange barriers are good for the safety of patrons, but that businesses are doing well to cover them. He continued that the level floor is important for the functionality, and that the City stresses the floor be removable as some of the parklets have utilities underneath them. Vice Mayor Brownrigg stated that the Economic Development Subcommittee did not want to be overly prescriptive, but that doesn't mean the City can't revisit the guidelines if Council thinks it is necessary. 5 Mayor Ortiz opened the item up to public comment. Mr. Scarcella asked several questions about the cleaning fee and who is responsible for taking down parklets if a business opts out of the program. (comment submitted via publiccomment(a),burlin ag me.org). CDD Gardiner explained that it would be the responsibility of the business to take down their parklet. However, the City would remove the orange barriers. John Kevranian thanked staff for their work on the parklet program. He stated that he believed the issue some businesses had with the program was the cleaning fee. Mayor Ortiz closed public comment. Councilmember Colson thanked staff for their thorough report. Councilmember Colson made a motion to adopt Resolution 004-2022; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. d. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY MANAGER'S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY INCREASE OF 2%, AN ACCRUAL OF TWENTY-FIVE (25) VACATION DAYS PER YEAR, AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY SCHEDULE) HR Director Morrison stated that on December 8, 2021, the City Council met with City Manager Goldman in closed session to review her performance after her ninth year in office. She continued that per Paragraph 7, Employment Benefits, of the Employment Agreement, Ms. Goldman receives the same benefits provided to City Department Heads. She stated that the proposed salary increase is 2%, plus an increase in vacation days. She noted that City Manager Goldman chose to forego a salary increase last year due to the fiscal impact of the pandemic. Mayor Ortiz opened the item up to public comment. No one spoke. The Council thanked City Manager Goldman for her hard work, especially her leadership during the pandemic. Councilmember Beach made a motion to adopt Resolution Number 005-2022; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no reports. 2 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.burlingame.org. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 7:57 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 7