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HomeMy WebLinkAboutMin - CC - 2022.01.18 Regular MeetingCITY O BURLINGAME coo � 90 $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on January 18, 2022 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by ACA Spansail. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2),(e)(3): NINE CLAIMS b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: 250 ANVA BOULEVARD, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, PARKS AND RECREATION DIRECTOR MARGARET GLOMSTAD, CITY ATTORNEY MICHAEL GUINA, ASSISTANT CITY ATTORNEY SCOTT SPANSAIL, KAREN MURPHY FROM BURKE, WILLIAMS & SORENSEN NEGOTIATING PARTIES: CITY OF BURLINGAME; TOPGOLF USA BURLINGAME, LLC UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina stated that direction was given, and there was no reportable action. 5. UPCOMING EVENTS Burlingame City Council January 18, 2022 Approved Minutes Mayor Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING JANUARY AS NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH Mayor Ortiz read the proclamation recognizing the month of January as National Slavery and Human Trafficking Prevention Month. Councilmember Colson noted the work that Peninsula Clean Energy is undertaking to ensure that any equipment or technology they buy was not built by forced labor. 7. PUBLIC COMMENTS, NON -AGENDA Manito Velasco voiced concern about a hotel bike share program and asked that the Council ensure that there are safe bike routes in the city before entering into such a program. (comment submit via publiccommentgburlin a�g). 8. APPROVAL OF CONSENT CALENDAR Mayor Ortiz asked if anyone on Council or members of the public would like to remove an item from the Consent Calendar. No items were removed. Vice Mayor Brownrigg made a motion to adopt the Consent Calendar; seconded by Councilmember O'Brien. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 8, 2021 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 8, 2021 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 20, 2021 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 20, 2021 Closed Session. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE DECEMBER 20, 2021 REGULAR MEETING City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the December 20, 2021 Regular Meeting. 2 Burlingame City Council January 18, 2022 Approved Minutes d. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 3, 2022 CLOSED SESSION City Clerk Hassel -Shearer requested approval of the City Council Meeting Minutes for the January 3, 2022 Closed Session. e. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 3, 2022 REGULAR MEETING City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the January 3, 2022 Regular Meeting. f. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME 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 requested Council adopt Ordinance Number 2003. g. ADOPTION OF A RESOLUTION ESTABLISHING A P UBLIC HEARING DATE REGARDING SOLID WASTE RATE INCREASES FOR CALENDAR YEAR 2022 Finance Director Yu -Scott requested Council adopt Resolution Number 006-2022. h. ADOPTION OF 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 007-2022. Burlingame City Council January 18, 2022 Approved Minutes 9. PUBLIC HEARINGS a. ADOPTION OF A RESOLUTION SETTING A PARKLET CLEANING FEE STRUCTURE AND AMENDING THE MASTER FEE SCHEDULE ACCORDINGLY CDD Gardiner stated that this item is the next step in the process to implement a longer term parklet program in Burlingame. He discussed the popularity of the parklet program and noted that in August 2021, the Council asked the staff to work on creating a longer term parklet program. CDD Gardiner stated that at the January 3, 2022, Council meeting, the Council adopted a resolution establishing an annual rental fee of $1,500 for each parklet. He explained that this was necessary because the parklets are on City owned land. He added that at the meeting, Councilmembers requested additional data be provided on cleaning costs incurred by the City to maintain the parklets. He reviewed the cleaning that Public Works currently undertakes around the parklets including: • The parklets have reduced the ability of the street sweeper to clean the curb and gutter areas where the parklets are placed. Therefore, staff reports to work 30 minutes prior to the street sweepers and utilizes electric blowers to blow leaves and debris into the roadway for the street sweepers to pick up. • Additional sidewalk cleaning is necessary due to spillage from the restaurants to the parklets of grease, food, and drinks. • Water wall barrier cleaning and maintenance CDD Gardiner stated that the staff report includes a series of tables that outline the staff and equipment costs of cleaning and maintaining the parklets. He explained that Public Works staff has estimated that the cost to the City of cleaning and maintaining the parklets is $262 per parklet per month. CDD Gardiner stated that staff is recommending a monthly fee of $250 per parklet. CDD Gardiner stated that prior to the meeting, a Councilmember asked staff to compile a list of the subsidies that the City provided for the local businesses over the course of the pandemic. City Manager Goldman reviewed the following expenses that the City incurred to assist businesses: • $602,000 — lost parking meter revenue due to the street closure program and the parklet program (includes the extension of the parklet program through December 2022) • $161,377 — rental/purchase of orange water barriers for the parklets • $123,660 — staff cost for installing parklets and street closures • $35,000 — planning and permit -related work for parklets and closures City Manager Goldman reviewed the various grants and funding programs that the Council approved for the business community including: • $5,000 in business assistance through SAMCEDA • Small Business Grant Program that gave out $10,000 grants for a total of $330,000 • Restarting Business Assistance Program gave out $60,000 to small businesses for PPE and other necessities 4 Burlingame City Council January 18, 2022 Approved Minutes • KickStart Burlingame Debit Program with $200,000 going into the community • City paid the business improvement fees for both Broadway and Downtown Burlingame equating to $115,000 City Manager Goldman explained that in total the City contributed $710,000 in grants and funds. She noted that if you added in the barriers and staff time the City contributed approximately $1.6 million, plus the lost parking meter revenues. Councilmember Beach thanked the City Manager for reviewing the grants and costs that the City incurred to assist local businesses. Councilmember Beach stated that not all parklets are getting as much use and therefore not needing the same amount of cleaning. She asked if there could be a base cleaning fee with additional fees if a more extensive clean was needed. DPW Murtuza stated that the fees presented are based on staff s experience. He noted that it would be hard to calculate the difference on a regular basis for what to charge for cleaning without incurring more staff time expense. Councilmember Brownrigg thanked Deputy Director of Public Works Operations Mike Heathcote for the hard work that staff put into ensuring that the streets are kept clean. He noted that he understood that staff couldn't assign different cleaning fees by restaurant. However, he wondered if there was a difference in the amount of cleaning that was needed for Burlingame Avenue and Broadway. Mr. Heathcote stated that additional analysis would be needed to determine if a separate cost was necessary for the two different streets. Councilmember O'Brien Keighran thanked the City Manager for putting together the costs. Councilmember Beach asked if she was correct that staff isn't proposing additional cleaning but instead for the City to be reimbursed for the regular cleanings staff is already undertaking. Mr. Heathcote replied in the affirmative. DPW Murtuza stated that when the City originally received complaints about the conditions of the sidewalks due to the parklets, staff asked the restaurants to clean those areas. However, after additional complaints, the City stepped in and started undertaking the cleanings. He noted that it is needed in order to maintain the streets and sidewalks. Councilmember Colson stated that when the City discusses Burlingame Avenue, it is also discussing the side streets off the avenue where restaurants are located. DPW Murtuza replied in the affirmative. Broadway BID representative John Kevranian stated that Broadway BID is against the cleaning fee. He discussed the impact that COVID continues to have on local businesses. Therefore, he urged the Council not to adopt the cleaning fee. (comment submitted via publiccommentkburlin ag me.org). 5 Burlingame City Council January 18, 2022 Approved Minutes Downtown BID representative Jenny Keleher asked the Council not to approve the cleaning fee of $250 per month. She asked that instead of implementing the fee, that the City train the restaurants on cleaning the parklets and fine those who do not comply. (comment submitted via publiccomment@burlin-ag me.org). Mayor Ortiz closed public comment. Councilmember Colson stated that as a small business owner in the community for over a decade, she could understand businesses' concerns about the fee. She discussed the increased size of restaurants due to the City's willingness to allow for tables on sidewalks and the establishment of a parklet program utilizing parking spaces. She noted that the City is only looking to be reimbursed for the continued costs that the City is incurring in maintaining those public areas. She added that the City's budget has taken a hit due to COVID, and therefore if the City isn't reimbursed for those costs through fees, the City would have to pay for it from something else. Councilmember O'Brien Keighran concurred with Councilmember Colson. She noted that the City has spent over $1.6 million in assisting businesses (including lost parking revenue). She explained that this was the right thing for the City to do for the community and small businesses. However, she agreed with Councilmember Colson that there comes a point where the City has to be reimbursed for the continued cost of maintaining a program. Councilmember O'Brien Keighran noted that businesses could opt out of the parklet program if they did not like the fees. Vice Mayor Brownrigg stated that he concurred with his colleagues. He discussed the work that the City and Council undertook during the pandemic to assist local businesses. He noted that in order to continue helping businesses the City agreed to establish a longer term parklet program. Mayor Ortiz and Councilmember Beach concurred with their colleagues. Mayor Ortiz noted that the country is currently going through a COVID-19 spike. He suggested delaying the start of the cleaning fee so that the businesses have a little more time to consider whether they want to have a parklet. Councilmember Colson suggested starting the cleaning fee on April 1. Councilmember Colson made a motion to adopt Resolution Number 008-2022 with an effective date of April 1, 2022; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. 6 Burlingame City Council January 18, 2022 Approved Minutes 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF ONE APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES TO FILL THE REMAINDER OF A TERM City Manager Goldman stated that there was a vacancy on the Library Board of Trustees due to the resignation of Board Member Kristin Capkin, who moved out of the area. She explained that staff publicized the vacancy and interviewed the following five individuals: Carolyn Daley, William Schlotter, Kay Coskey, Mark Lucchesi, and Julie Kuwabara on January 10, 2022. City Manager Goldman noted that the appointee's term would be for one year, ending on June 30, 2023. Mayor Ortiz opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked the Councilmembers to text her their votes. She then read their votes. Congratulations to Mark Lucchesi on your appointment to the Library Board of Trustees. Mayor Ortiz thanked the other candidates and stated that there were other opportunities to serve the City. b. DISCUSSION OF AUTOMATED LICENSE PLATE READERS (ALPR) Police Chief Matteucci stated that this item was agendized as a result of constituents reaching out to Councilmember O'Brien Keighran regarding their interest in the City purchasing automated license plate readers ("ALPR"). Police Chief Matteucci stated that ALPRs are camera systems designed to read license plates. He explained that one of the more common places where ALPRs are used is at bridge toll locations. He noted that Burlingame is one of four cities in the county that does not utilize APLRs. He explained that according to the cities that do utilize ALPRs, they are useful in several areas including: • Locating and apprehending wanted individuals • Locating stolen vehicles • Locating missing persons • Preventing criminal activity Police Chief Matteucci stated that there are concerns about using ALPRs. He discussed privacy concerns such as the fact that the data captured contains information on people who haven't committed crimes. He noted that depending on the vendor chosen, the data could be pooled into regional systems. Police Chief Matteucci stated that the cost of an ALPR is approximately $2,500 per year. Mayor Ortiz stated that at one point the City was having an issue with dumping on Rollins Road. He thought ALPRs might be helpful to deter situations like that. He asked if the cameras could be moved to different 7 Burlingame City Council January 18, 2022 Approved Minutes locations in the city. Police Chief Matteucci replied in the affirmative. He explained that if the Council wanted to move forward with ALPRs, the next step would be to discuss how many, where they are located, and how they are used. Vice Mayor Brownrigg stated that he has significant reservations about this technology. He explained that in doing some reading on the matter, there seemed to be two ways that ALPRs could be used by police departments. He stated that the first is it looks backwards to figure out who might have committed a crime, and secondly it looks forward by recognizing license plates on cars that are reported stolen. Vice Mayor Brownrigg asked if the Police Chief agreed that there were two ways that ALPRs are utilized. Additionally, he asked if the City decides to purchase ALPRs, would the police department create a policy on how information gathered from these cameras would be utilized. Police Chief Matteucci replied in the affirmative to both questions. He added that if the City wanted to utilize these cameras to solve crimes, the police department would need to look into how long data is stored. He noted that the average length of time that vendors store data from these cameras is 30 days. Mayor Ortiz asked how neighboring cities use ALPRs. Police Chief Matteucci stated that neighboring cities use them in both ways that Vice Mayor Brownrigg discussed. Vice Mayor Brownrigg stated that he was concerned about pulling people over as it is a moment of stress for both the officer and member of the public. He thought that the City should minimize the amount of times individuals are pulled over. He asked if a policy could be set that individuals are only pulled over, as a result of an ALPR hit, if there is an outstanding warrant for a violent crime. Police Chief Matteucci stated that it is possible. However, he noted that officers pull people over now when they manually run their license plates and find a warrant out for arrest. He stated that this would create two different policies in the City. Vice Mayor Brownrigg stated that he thought there was a difference between the automated nature of screening every license plate to an officer using their judgment to determine when to run a plate. Councilmember O'Brien Keighran stated that she would be curious to hear from neighboring cities if there were any changes they would make to their ALPR policies and how long they kept their data. She added that she would like to ensure that privacy is maintained by having local control over the storage and access to the data. Councilmember Beach asked if the Police Chief felt that there is a need for ALPRs in Burlingame. She asked how many ALPRs he would want to install. Police Chief Matteucci stated that he felt it was beneficial for the City to purchase ALPRs. He added that he had heard great stories from other cities about finding missing people utilizing these cameras. He noted that most of the cities have between 20 and 24 cameras. Councilmember Beach stated that it seemed like the vast majority of the data collected is not used. Mayor Ortiz opened the item up for public comment. 8 Burlingame City Council January 18, 2022 Approved Minutes Secure Justice representative Brian Hofer suggested that prior to purchasing ALPRs, the City determine how data would be utilized, who would have access to the data, and a general policy for any technology of this nature. (comment submitted via publiccomment@burlin a�g). Mayor Ortiz closed public comment. Mayor Ortiz stated that he thought the City should move forward with purchasing ALPRs, but he would first want to have a conversation about how the data is used, how long it is stored, and who has access to it. Councilmember Beach stated that previously she had discussions with Mr. Hofer about this type of technology and how it is utilized. She explained that she appreciated Mr. Hofer's suggestion that the City first establish guardrails on how the information the City collects is utilized and stored. Councilmember Beach stated that she had concerns with the volume of data that is collected and limiting the use. She noted that racial bias can occur at traffic stops. Therefore, she wanted to limit the ways in which ALPR data is utilized by the police. She added that she would also want to ensure that the City restrict third party access to the data. Councilmember Beach stated that she didn't see that there was a compelling reason to proceed with purchasing ALPRs. She noted that she thought it was important to set up guardrails moving forward for how these types of technology are used by the City. She also added that the City might want to consider how they publish notice for discussions on these types of topics in order to ensure community awareness and feedback. Councilmember O'Brien Keighran stated that she thought it was worth moving forward and gathering more information on this item. She noted that her biggest concerns were privacy issues and agreed with Councilmember Beach that she would want to restrict access to the data. She added that she would want parameters on how ALPR data is used. Councilmember O'Brien Keighran asked staff to publicize any future discussions of this topic in the City's enewsletter. Vice Mayor Brownrigg stated that he had reservations about the proposal. He explained that he wasn't sure there was a problem that called for the purchase of ALPRs. He discussed how purchasing this equipment is a slippery slope that could lead to facial recognition software and other platforms that he wasn't sure the City should start down. He worried about how it could be used in the future. Councilmember Colson asked if she was correct that per State law, police officers have to track the perceived racial make-up of individuals in a traffic stop. Police Chief Matteucci replied in the affirmative. Councilmember Colson stated that if the City purchases ALPRs, then any stops made would be included in the State -required tracking to ensure that the City isn't racial profiling when making stops. Police Chief Matteucci replied in the affirmative. 9 Burlingame City Council January 18, 2022 Approved Minutes Councilmember Colson stated that she has heard from merchants and individuals who witnessed crimes that they want the City to do more. She noted that recently her mother-in-law went missing, and the only way they were able to track her was through cameras and video data. Councilmember Colson stated that she would be interested in moving forward with this discussion. Mayor Ortiz stated that he understood the civil liberties concerns but thought this issue should be discussed further. He added that he agreed with Councilmember O'Brien Keighran that staff should reach out to other cities who have ALPRs to better understand their programs. Mayor Ortiz, Councilmember Colson, and Councilmember O'Brien Keighran voiced support for bringing this item back for further discussion. Vice Mayor Brownrigg and Councilmember Beach were against moving forward with the discussion. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no reports. 12. FUTURE AGENDA ITEMS Vice Mayor Brownrigg asked that the Council agendize a discussion on expanding the size of the Library Board of Trustees to seven members. Council agreed to agendize this item. 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 ag me.org. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 8:28 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 10 Burlingame City Council January 18, 2022 Approved Minutes