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HomeMy WebLinkAboutMin - CC - 2024.02.05 (Regular Meeting)CITY c- BU ERLINGAME Hnt Eo J BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on February 5, 2024 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Generation Voter interns Lilah Higgins and Shani Rothman. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None There was no request. ��:Z�I�I:i��1�jiY:Z�If•[�I��I,j�I��j���L�PI a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION Sa4SF, R PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY, BURLINGAME, CALIFORNIA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME: DW BURLINGAME VENTURE, LLC — DIVCOWEST UNDER NOEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS City Attorney Guina reported that direction was given, but no reportable action was taken. 6. UPCOMING EVENTS Mayor Colson reviewed upcoming events in the city. 1 r�J:Z*.j4.krivi00.RI a. PRESENTATION TO THE WINNERS OF THE CITY AND GENERATION VOTER'S I VOTED STICKER CONTEST Lilah Higgins and Shani Rothman presented five local students with certificates for winning the Generation Voter "I Voted" sticker contest. Congratulations to Samantha, Liesl, Aaron, Audrey, and Hana. The student stickers will be available at both Voting Centers in the city. The Council thanked Generation Voter and the City Clerk for the creation of the "I Voted" sticker contest. 8. PUBLIC COMMENTS Eric Zankman voiced concern about the amount of dog barking at the off -leash area at Ray Park. Pamela Kaufman talked about having to wear noise canceling headphones while working from home as a result of the off -leash area at Ray Park. Jennifer Pfaff thanked staff and the Council for their hard work to prepare for the winter storms. (Comment submitted via publiccomment@burlingame.org). 9. APPROVAL OF CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were pulled from the Consent Calendar. Vice Mayor Beach made a motion to adopt the Consent Calendar; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 16. 2024 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council meeting minutes for the January 16, 2024 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 16. 2024 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council meeting minutes for the January 16, 2024 Regular City Council Meeting. c. ADOPTION OF AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 9.04, "ANIMALS." OF TITLE 9 OF THE BURLINGAME MUNICIPAL CODE TO CLARFIY EXISTING DEFINITIONS, ENACT ADDITIONAL REQUIREMENTS FOR ANIMAL CONTROL, AND REVISE THE FEES FOR ANIMAL CONTROL SERVICES; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) City Manager Goldman requested Council adopt Ordinance Number 2022. d. ADOPTION OF A RESOLUTION ACCEPTING THE GLENWOOD PARK SUBDIVISION WATER MAIN IMPROVEMENTS PROJECT. CITY PROJECT NO. 84891. AND WATER SERVICE REPLACEMENT PROGRAM. CITY PROJECT NO. 86300. BY CRATUS. INC.. IN THE AMOUNT OF S2.706.019.66 DPW Murtuza requested Council adopt Resolution Number 013-2024. e. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF ADDITIONAL SPECIALIZED SUPPLIES AND MATERIALS FROM CORE & MAIN FOR THE WATER DIVISION IN AN AMOUNT NOT TO EXCEED $175,000 DPW Murtuza requested Council adopt Resolution Number 014-2024. f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TECHNOLOGY FOR THE PURCHASE OF A YEARLY STATEWIDE ENTERPRISE LEVEL AGREEMENT SUBSCRIPTION FOR MICROSOFT 365 G5 PRODUCT AND SERVICES, FOR THE POLICE DEPARTMENT, IN AN AMOUNT NOT TO EXCEED 78 708 Police Chief Matteucci requested Council adopt Resolution Number 015-2024 g. OPEN NOMINATION PERIOD TO FILL THREE VACANCIES ON THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE City Manager Goldman requested Council open the nomination period to fill three vacancies on the Measure I Citizens' Oversight Committee. h. REVIEW OF THE CITY COUNCIL PROJECTS IDENTIFIED DURING THE FY 2024-2025 GOAL -SETTING SESSION Assistant to the City Manager Kirshner requested Council review the City Council projects identified during the FY 2024-2025 Goal -Setting Session. 10. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE AMENDING AND RESTATING CHAPTER 6.55 OF TITLE 6 OF THE BURLINGAME MUNICIPAL CODE TO MODIFY THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) City Manager Goldman stated that in 2023, the Council adopted an ordinance establishing the San Francisco Tourism Marketing District. She noted that at the time, Foster City wasn't quite ready to join the district, but Foster City is now ready. Accordingly, she explained that the ordinance needed to be amended to include Foster City. Mayor Colson opened the public hearing. No one spoke. Councilmember Stevenson made a motion to bring back the ordinance for a second reading and adoption; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. b. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 10.40.038 OF TITLE 10 OF THE BURLINGAME MUNICIPAL CODE REGARDING LEAF BLOWERS: CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) Sustainability Program Manager Michael stated that previously, the City Council reviewed the proposed ordinance to prohibit the use of combustion engine -powered leaf blowers beginning July 1, 2024. She noted that the City Council directed staff to make the following two changes to the proposed ordinance: • Allow electric leaf blowers to be used until 6:00 p.m., rather than 5:00 p.m. as currently provided, due to electric leaf blowers possibly taking a longer time to complete work in comparison to gas leaf blowers • Change the word "punished," to "subject to" in the penalty section, BMC 10.40.038(h) She explained that the proposed ordinance before the Council included these two changes. Mayor Colson opened the public hearing. No one spoke. Vice Mayor Beach made a motion to bring back the ordinance for a second reading and adoption; seconded by Councilmember Ortiz. Councilmember Brownrigg thanked staff for working on this item. He stated that he believed that the Council and City reached a good outcome after several opportunities for public input. The motion passed unanimously by roll call vote, 5-0. c. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE TO ALLOW ON -SITE CONSUMPTION OF HOOKAH (SHISHA) TOBACCO AND ADDING A NEW CHAPTER 8.19 TO TITLE 8 OF THE BURLINGAME MUNICIPAL CODE 4 ESTABLISHING A TOBACCO RETAILER PERMIT PROGRAM; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) ACA Spansail reviewed the City Council's discussions regarding smoking regulations in the city: • April 2023 — Council considers and adopts a pilot program that bans smoking on Broadway • November 20, 2023 — Council expands the smoking ban to include the Downtown Burlingame Business District • November 20, 2023 — Council holds a public hearing regarding a potential on -site hookah exemption to the flavored tobacco ban, and discusses establishing a Tobacco Retailer Permit Program • February 5, 2024 — Council considers proposed ordinance that establishes a Tobacco Retailer Permit Program and allows onsite consumption of hookah tobacco ACA Spansail discussed the current law regarding flavored tobacco: • City - in 2019, Council banned the sale of all flavored tobacco (including hookah tobacco) in Burlingame • State — effective December 21, 2022 — California's SB 793 banned flavored tobacco sales throughout the state; the prohibition was similar to the City's ban, except that it provided an exemption for hookah tobacco sales in limited circumstances ACA Spansail reviewed SB 793s requirements for a retailer to sell hookah tobacco: • Have a valid license to sell tobacco • Not permit anyone under 21 years of age to be present or enter the premises at any time • Operate in accordance with all State and local laws relating to the retail sale of tobacco products • Operate in accordance with all State and local laws relating to the consumption of tobacco products on the premises ACA Spansail stated that the City's proposed ordinance would require a hookah retailer to do the following: • Obtain a valid Tobacco Retailer Permit • Obtain a Hookah Tobacco Retailer designation (only two permitted in the city) • Permit only the immediate, on -site consumption of hookah tobacco in accordance with the restrictions under SB 793 • Include at least one non -tobacco, non -nicotine hookah alternative option for customers ACA Spansail discussed the proposed Tobacco Retailer Permit Program as outlined in the proposed ordinance. He noted that it is generally consistent with San Mateo County's model ordinance including: • A requirement that all tobacco retailers in the city apply for an annual tobacco retailer permit ($672 per year), which funds administration of the program and two enforcement checks per year • Places distance -based requirements on new retailers, ensuring that they are not located near "youth populated areas," including schools and playgrounds • New retailers may not be within 500 feet of an existing retailer • Prohibition against any pharmacy selling tobacco within city limits • Strengthens penalties for those violating the permit o $500 fine for first violation and $1,000 fine for subsequent violations o Suspension/revocation process for retailers who violate permit ACA Spansail reviewed the differences between the City's Tobacco Retailer Permit Program and the County's program: • The director of the City program is the Chief of Police. • The City would permit up to two hookah tobacco retailers, who must otherwise comply with all other requirements of the program. • Since no program exists at the moment, the distance -based requirements of the program would not be applied to any proposed retailer with a current and valid State permit to see tobacco. • However, the retailer must apply for the tobacco retailer permit within the timeframe set by the Police Chief and propose sales from the same address in which their current State license was issued. Councilmember Brownrigg asked if the City notified Walgreens and CVS about how under the proposed ordinance, they wouldn't be permitted to sell tobacco. ACA Spansail replied in the negative. Councilmember Brownrigg stated that he was concerned about adopting an ordinance with a significant economic action against a retailer without first notifying the businesses that would be affected. Councilmember Ortiz asked if he was correct that CVS no longer sells tobacco. ACA Spansail replied in the affirmative. Mayor Colson asked if Safeway would be able to sell tobacco since it has a pharmacy in its store. ACA Spansail stated that he would need to get back to Council after further review of the law. Councilmember Stevenson stated that other cities in the county have adopted the model ordinance and therefore have prohibited pharmacies from selling tobacco. ACA Spansail replied in the affirmative. Councilmember Brownrigg asked about the language stating a hookah establishment couldn't allow someone on the premises that is under 21 years of age. ACA Spansail replied in the affirmative. He explained that this the area that sells hookah tobacco. He noted that an individual could enter the restaurant but not the hookah area. Councilmember Brownrigg voiced concern that the language would be read to prohibit individuals under 21 years old from being anywhere on the premises. Vice Mayor Beach asked if food and beverage are permitted in the area where hookah tobacco is sold for on -site consumption. ACA Spansail replied that if the hookah consumption is outdoors, food and beverage are permitted. He added that if it is indoors, food and beverage are not permitted to be served. Mayor Colson asked if the food and beverage service also applies to regular tobacco. ACA Spansail replied in the affirmative. 6 Mayor Colson opened the public hearing. Luci asked the Council to not allow for hookah tobacco sales. (Comment submitted via publiccomment@ burl ingame.org). Kwik and Convenient owner Rajinder Kumar voiced concern about the Tobacco Retailer Permit Program and its cost. (Comment submitted via publiccomment@burlingame.org). Baggy Liquor owner Bibi Sawaya stated that the cost of the Tobacco Retailer Permit Program was too high for local small businesses and that these shops are already enforcing tobacco laws. (Comment submitted via publiccomment@burlingame.org). Mayor Colson closed the public hearing. Mayor Colson asked about the fee that retailers would need to pay under the Tobacco Retailer Permit Program. ACA Spansail replied that $672 is the amount the County is charging, and City staff proposed matching the County fee. He noted that it would be tied to the Master Fee Schedule. Mayor Colson stated that there was another fee for new applications of $249. ACA Spansail stated this would not apply to any of the current tobacco retailers, only future retailers. He explained that a future retailer would need to pay $249 for the application and $672 as the yearly fee. Councilmember Brownrigg suggested delaying the adoption of this ordinance in order to allow pharmacies to comment on the law. The Council discussed different options on when to bring back the ordinance for a second reading or whether to reintroduce the the ordinance at a future public hearing. Council decided to reintroduce the proposed ordinance in March in order to allow for pharmacies to comment on the law. Vice Mayor Beach thanked the public for their thoughtful emails. She discussed how carefully and thoughtfully this item was reviewed. 11. STAFF REPORTS AND COMMUNICATIONS a. DISCUSSION OF TESLA PROPOSAL FOR NEW ELECTRIC VEHICLE CHARGING STATIONS Sustainability Program Manager Michael stated that Tesla reached out to the City with a proposal to install fast EV charging stations in downtown Burlingame at no cost to the City. 7 Ms. Michael stated that in 2021, the City adopted an EV Action Plan to increase EV use and infrastructure in Burlingame. She noted that the Plan called for the City to have 100 public EV charging ports by 2030. She explained that at the time of the Plan's adoption, the City had 12 public EV charging ports. She reviewed the following table that depicts the location of the City's current 42 charging stations in public lots: Station Number of Ports Total Charging Sessions (2022) Total Charging Sessions (2023) City Hall 2 ports, level 2 1,887 1,999 Burlingame Caltrain 4 ports, level 2 5,850 5,588 Downtown Broadway 6 ports, fast charging 6,861 11,816 Highland Parking Garage 24 ports, level 2 3,378 6,726 Community Center 6 ports, level 2 Data not available Data not available Ms. Michael stated that Tesla is proposing to install 16 fast chargers. She noted that the Tesla chargers would have a universal plug accessible to other EVs. She added that it would be at no cost to the City. Ms. Michael discussed the criteria that both Tesla and the City have in regard to installing Tesla's fast chargers: Criteria Tesla • Near grocery store and shopping areas • Perpendicular parking spaces City • Lose minimal number of spaces • Avoid losing long-term parking for employees • Avoid busy lots • Locate near multi -family buildings Ms. Michael stated that with the help of Councilmember Stevenson, Tesla and staff reviewed several sites: 0 Parking Lot Location Yes/No Notes Lot A Donnelly Parking Garage No Plans to install five fast charging stations Lot A-3 Adjacent to Donnelly No Diagonal parking Parking Lot C Behind Pottery Barn No In high demand, generally full Lot D Across from II Fornaio No Diagonal parking Lot V Burlingame Caltrain No Too small; has level 2 EV stations Lot M By Limon No Diagonal parking Lot J Between Primrose and No Diagonal parking Park Lot W On Howard No Diagonal parking Lot G Behind UPS Store No Diagonal parking Lot L Behind Fox Plaza No Small lot and high demand Lot B-1 Off Chapin No Small lot and high demand Lot B Behind BevMo! No Diagonal parking Lot H West of El Camino No Slated for future housing Lot K Between Walgreens and Yes Mix of 2- and 10-hour Safeway parking; both diagonal and perpendicular Lot K-1 Across from Walgreens No 10-hour lot, high demand Highland Garage Parking structure No Has 24 Level 2 EV stations Ms. Michael stated that after reviewing the different options, it was determined that Lot K was the best choice. She noted that Lot K is easily accessible from El Camino Real and is close to two of Burlingame's major grocery stores. She added that it is across the street from multiple multi -family buildings. Ms. Michael reviewed the proposed project: • 16 universal, fast charging stations • 3 spaces lost to equipment/configuration • Least intrusive design • Monthly rent $6,000 Vice Mayor Beach asked how staff/Tesla would help advertise that these chargers are universal. Tesla representative Caitlin Hanner stated that Tesla worked with other electric car dealers to send out marketing content stating that owners can use Tesla's fast chargers. Vice Mayor Beach discussed putting up signage for those not in the loop to make sure people know these EV charging stations are available to all. She asked if the lease amount can be reviewed every few years. Ms. Hanner stated that the lease term is for ten years. She added that they offer a 3% annual increase for rent. Councilmember Brownrigg stated that he concurred with the Vice Mayor that these chargers should be well -marked as "universal". Mayor Colson stated that San Mateo County along with other counties in the Bay Area sued Tesla for illegal dumping and improper disposal of paint and other materials. She asked if this would put the City in a difficult situation, if they enter into a legal agreement with Tesla. City Attorney Guina replied that he would need to review the litigation before getting back to Council with guidance. Tesla representative Tessa Sanchez stated that a member of Tesla's legal team would follow up with the City regarding Mayor Colson's concern. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Ortiz discussed the importance of signage to point out that this would be a universal station. He added that he looked forward to having a Tesla fast charging station in Burlingame. Councilmember Brownrigg stated that it looks as if the Tesla suit was settled. City Manager Goldman replied in the affirmative. Councilmember Brownrigg stated that he believed the chargers would be enormously popular. He added that the idle fee of $1 per minute once a car is fully charged makes sure cars don't stay in the spots. However, he asked that the charging stations include language regarding the idle fee. Councilmember Stevenson stated that he thinks the team was very thoughtful with regard to the proposed project. He added that he thought this station would be very popular. Mayor Colson asked that the agreement include a one-year review. She wanted it to include information about the work Tesla is doing to mitigate pollution, issues around ESG, and a progress report. Mayor Colson thanked staff for their report. 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS 10 Council reviewed their committee appointments. 13. FUTURE AGENDA ITEMS There were no future agenda items. 14. 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. 15. ADJOURNMENT Mayor Colson adjourned the meeting at 8:33. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 11