HomeMy WebLinkAboutMin - CC - 2024.03.04 (Regular Meeting)CITY c-
BU ERLINGAME
Hnt Eo J
BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on March 4, 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 the soccer players of the AYSO teams in attendance (Sour Blueberries
and the Cracked Kraken).
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson
MEMBERS ABSENT: None
4. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
S. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54958.8
PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY, BURLINGAME, CALIFORNIA
AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN AND CITY ATTORNEY MICHAEL GUINA
NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC — DIVCOWEST
UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
Vice Mayor Beach was recused from this item due to a potential economic interest.
City Attorney Guina reported that direction was given, but no reportable action was taken.
b. CONFERENCE WITH LABOR NEGOTIATORS GOVERNMENT CODE SECTION 54957.6
AGENCY DESIGNATED REPRESENTATIVES: CITY COUNCIL
UNREPRESENTED EMPLOYEES: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL
GUINA, AND DEPARTMENT HEADS AND UNREPRESENTED
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.
7. PRESENTATIONS
a. AYSO RECOGNITION
The City Council recognized the Burlingame boys AYSO U12 champions, the Cracked Krakens. Coaches
Leslie and Chris explained that the team has made it all the way to the Western State Championship in
Irvine, California. The members of the team include Andrew Uharriet, Azael Sandoval, Conor O'Shea, Ethan
Wenisch, Joel Price, Jordan Chen, Keshavan Rao, Leandro Rivas, Nathan Chui, Ryan Glass, Sean Murphy, and
Tyler Ko.
Next, the City Council recognized the Burlingame girls AYSO U12 champions, the Sour Blueberries. Coaches
Todd, Dave, and Pat explained that the team has made it all the way to the Western State Championship in
Irvine, California. The members of the team include Alice Koopmans, Aubrey Sarnoff, Bailey Tang, Chelsea
Doss, Elizabeth Reagon, Katharine Tsui, Leila Osinski, Nina Kovacevic, Sandhya Kuman, Sofie Brown, and
Tessa Tokarchuk.
Congratulations to all of our soccer players!
b. INTRODUCTION OF CENTRAL COUNTY FIRE DEPARTMENT'S NEW FIRE CHIEF DAVE PUCCI
CCFD Fire Chief Pucci introduced himself to the City Council, and explained that he has been trying to meet
as many people as possible over the last month.
Council expressed their gratitude that Fire Chief Pucci was hired at Central County Fire Department and
looked forward to working with him.
c. REVIEW OF THE CITY'S OTHER POST -EMPLOYMENT BENEFITS — RETIREE HEALTHCARE PLAN (OPEB)
LIABILITIES
This item was moved to a future meeting due to the presenter being sick.
8. PUBLIC COMMENTS
There were no public comments.
Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. Councilmember Brownrigg pulled items 9f and 9g; City Attorney Guina pulled item 9i;
and members of the public pulled item 9h.
Councilmember Ortiz made a motion to approve items 9a, 9b, 9c, 9d, 9e, 9j, and 9k; seconded by
Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 20, 2024 CITY COUNCIL
MEETING
City Clerk Hassel -Shearer requested Council approve the City Council meeting minutes for the February 20,
2024 City Council meeting.
b. ADOPTION OF AN ORDINANCE AMENDING SECTIONS 13.36.010 AND 13.36.020 OF CHAPTER
13.36, "PARKING LIMITATIONS," OF TITLE 13 OF THE BURLINGAME MUNICIPAL CODE REGARDING
PARKING RESTRICTIONS ON AIRPORT BOULEVARD: CEQA DETERMINATION: EXEMPT PURSUANT
TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(B)(3)
City Attorney Guina requested Council adopt Ordinance Number 2024.
ADOPTION OF A RESOLUTION APPROVING AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF
BURLINGAME AND THE SAN MATEO COUNTY CONVENTION AND VISITORS BUREAU DBA THE SAN
FRANCISCO PENINSULA FOR THE PROVISION OF SERVICES FOR THE SAN FRANCISCO PENINSULA
TOURISM MARKETING DISTRICT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY
Finance Director Yu -Scott requested Council adopt Resolution Number 019-2024.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH AFSCME LOCAL 829 BURLINGAME ASSOCIATION OF
MIDDLE MANAGERS ON BEHALF OF THE CITY, AND APPROVE AN AMENDED SALARY SCHEDULE
FOR MERIT CLASSIFICATIONS
Human Resources Director Saguisag-Sid requested Council adopt Resolution Number 020-2024.
e. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME SALARY SCHEDULE —
CASUAL EMPLOYEES. EFFECTIVE FEBRUARY 12. 2024
Human Resources Director Saguisag-Sid requested Council adopt Resolution Number 021-2024.
f. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE 2024 EUCALYPTUS TREE
WORK ALONG CALIFORNIA DRIVE, AND AUTHORIZING STAFF TO RE -ADVERTISE THE PROJECT
Councilmember Brownrigg asked about the contracting process for this item. Parks and Recreation
Director Glomstad stated that the bid documents needed to be updated due to a change in the number of
tress requiring work.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 022-2024; seconded by
Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0.
g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR THE
CONSTRUCTION PHASE LANDSCAPING ACTIVITIES OF THE US HIGHWAY 101/131ROADWAY
INTERCHANGE PROJECT
Councilmember Brownrigg thanked Public Works for helping Caltrans with this project. He noted that it has
been a long time in the making. He questioned the choice of trees, as they will be tall for this area, but
gave the project his support.
Mayor Colson opened the item up for public comment. No one spoke.
Vice Mayor Beach made a motion to adopt Resolution Number 023-2024; seconded by Councilmember
Brownrigg. The motion passed unanimously by roll call vote, 5-0.
h. ADOPTION OF A RESOLUTION ACCEPTING THE CALIFORNIA DRIVE BICYCLE FACILITY PROJECT
CONSTRUCTION BY INTERSTATE GRADING & PAVING, INC., CITY PROJECT NO. 86230
Mayor Colson opened the item up for public comment.
Rowan stated his disapproval of the project. (Comment submitted via publiccomment@burlingame.org).
Manito stated his disapproval of the project. (Comment submitted via publiccomment@burlingame.org).
Mayor Colson closed public comment.
DPW Murtuza stated that staff is confident that the contract items were completed. He noted that staff is
continuing to monitor the project's impact.
Senior Engineer Yang stated that staff has been communicating with members of the public as well as the
contractors throughout the project.
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Councilmember Brownrigg discussed the public's comment that some of the contractor's work had to be
redone. He asked if the City had to pay for the original work and then the corrections. Senior Engineer
Yang replied that the staff did contact the contractor after finding errors but that the project came in just a
little over budget. He explained that there were some design specifications changed after installation that
required the City to pay for the difference.
Councilmember Ortiz asked about the project's impact on emergency vehicles. DPW Murtuza replied that
it is standard practice to use template designs for projects. He explained that staff worked with CCFD and
will continue to work with CCFD on any potential changes that might be needed.
Councilmember Stevenson asked if the project includes appropriate signage for bicyclists. DPW Murtuza
replied in the affirmative.
Councilmember Brownrigg made a motion to adopt Resolution Number 024-2024; seconded by Vice Mayor
Beach. The motion passed unanimously by roll call vote, 5-0.
L ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GOOD CITY COMPANY FOR CONTRACT
PLANNING SERVICES RELATED TO THE LIFE SCIENCE PROJECT AT 1300 BAYSHORE HIGHWAY
Vice Mayor Beach recused herself from this item due to a potential economic interest.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 025-2024; seconded by
Councilmember Ortiz. The motion passed unanimously by roll call vote, 4-0-1. (Vice Mayor Beach was
recused).
j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SEIFEL CONSULTING. INC. FOR UPDATE OF
ANALYSIS AND RECOMMENDATIONS ON THE CITY'S RESIDENTIAL FEE PROGRAM
CDD Gardiner requested Council adopt Resolution Number 026-2024.
k. ADOPTION OF A RESOLUTION TO AMEND THE 2023-2031 HOUSING ELEMENT: CE
DETERMINATION: ADDENDUM TO GENERAL PLAN ENVIRONMENTAL IMPACT REPORT ADOPTED
DECEMBER 18, 2023
CDD Gardiner requested Council adopt Resolution Number 027-2024.
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a. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18,
"SMOKING," OF THE BURLINGAME MUNICIPAL CODE TO ALLOW ON -SITE CONSUMPTION OF
HOOKAH (SHISHA) TOBACCO AND ADDING A NEW CHAPTER 8.19, "TOBACCO RETAILER PERMIT,"
TO TITLE 8 OF THE BURLINGAME MUNICIPAL CODE ESTABLISHING A TOBACCO RETAILER PERMIT
PROGRAM: CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15378 AND 15061(B)(3)
ACA Spansail explained that staff conducted additional outreach to Walgreens and Safeway to let them
know there would be a potential change in their ability to sell tobacco. He also noted staff researched
whether the State law should be mirrored. He stated that Safeway does not sell tobacco in Burlingame, but
that both Walgreens in Burlingame do, and that they were promptly notified.
Vice Mayor Beach stated that she supported adopting the County Tobacco Retailer Permit Ordinance so the
burden of enforcement would fall on the County. She explained that because the proposed ordinance did
not adopt the County's model ordinance, she would not be voting in support of this ordinance. She
thanked staff for their hard work.
Councilmember Brownrigg thanked staff for all the hard work on the ordinance and thanked Council for
delaying the item so staff could do additional research.
Mayor Colson opened the item up for public comment. There were no comments.
Councilmember Ortiz made a motion to bring back the ordinance for a second reading and a proposed
adoption; seconded by Councilmember Stevenson. The motion passed by roll call vote, 4-1. (Vice Mayor
Beach voted against).
b. ADOPTION 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); AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND
MODIFYING THE SAN FRANCISCO PENINSULA TOURISM MARKETING DISTRICT
City Manager Goldman stated that the San Francisco Peninsula Tourism Marketing District is adding Foster
City to the District. She noted that Foster City was not ready to enter the SFPTMD previously, but they are
ready now.
Mayor Colson opened the item up for public comment. No one spoke.
City Manager Goldman stated that there was no majority protest.
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Vice Mayor Beach made a motion to adopt the ordinance; seconded by seconded by Stevenson. The
motion passed unanimously by roll call vote, 5-0.
Mayor Colson made a motion to adopt Resolution Number 028-2024; seconded by Councilmember
Brownrigg. The motion passed unanimously by roll call vote, 5-0.
Mayor Colson asked The San Francisco Peninsula President and CEO John Hutar to provide the Council with
an update on the tourism industry. Mr. Hutar replied that the tourism statistics are in for January 2024,
and that hotel occupancy is up nearly 3% for the District, and nearly 10% for the SFO/Burlingame corridor
hotels. He noted that the outlook is positive at this time, and that key positions are filled at the District.
Mayor Colson discussed the decision of other cities to raise their TOT and asked if Burlingame should
continue to maintain its TOT at its current level. Mr. Hutar replied that staff would need to get back to
Council with this information.
Council thanked Mr. Hutar.
11. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF IMPENDING CITY COUNCIL VACANCY AND DIRECTION ON FILLING THE SEAT
Mayor Colson stated that on February 19, Councilmember Ortiz announced his intention to resign from City
Council, effective April 15, 2024.
City Manager Goldman stated that Councilmember Ortiz's term expires in 2026. She explained that
previously the City had to fill an empty seat left when former Councilmember Jerry Deal stepped down in
2014. She noted that State Government Code Section 36512(b) governs City Council vacancies:
(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days
from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to
fill the vacancy.
(1) If the council calls a special election, the special election shall be held on the next regularly
established election date not less than 114 days from the call of the special election. A person
elected to fill a vacancy holds office for the unexpired term of the former incumbent.
(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold
office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the
next general municipal election, the person appointed to fill the vacancy shall hold office
until the next general municipal election that is scheduled 130 or more days after the date
the council is notified of the vacancy, and thereafter until the person who is elected at that
election to fill the vacancy has been qualified. The person elected to fill the vacancy shall
hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to
the next general municipal election, or if the vacancy occurs in the second half of a term of
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office, the person appointed to fill the vacancy shall hold office for the unexpired term of the
former incumbent.
City Manager Goldman stated that the City Council must determine whether to call for a special election or
make an appointment to the office until the next election. She explained that the next regular statewide
election is March 5, 2024, or the day after this City Council meeting. The next regular statewide election
after that is November 5, 2024. She explained that the City will consolidate its next City Council election,
for Districts 2 and 4, with this statewide election. She noted that State law requires that any City of
Burlingame election be held on the next regularly established election date, not less than 114 days from the
call of the election. She added that because the November 5, 2024 election is more than 114 days away,
the Council can consolidate the special election for this seat.
City Manager Goldman explained that the seat must be filled within 60 days of the called vacancy, or by
June 16, 2024. This person will hold the seat until the second meeting in December, when the election
results are certified. She stated that the individual elected will serve as District 1 City Councilmember for
the remainder of Councilmember Ortiz's term (approximately two years).
City Manager Goldman stated that the individual that the Council appoints to fill the seat until an election
can be held can run for the seat in the special election in November 2024.
City Manager Goldman reviewed the next steps in the process:
• The City Council determines any supplemental questions to add to the draft application
Applicants will submit a form to the City Clerk by a date designated by the City Council
The Council will hold interviews with applicants at a public meeting, after the actual vacancy takes
effect
• The appointment will be made at a regular or special meeting of the City Council by open motion
and voting.
Councilmember Ortiz asked about making changes so he could participate. City Manager Goldman replied
in the affirmative. However, she noted that this would condense the timeline. She added that he could
always participate as a member of the public.
Mayor Colson stated that if Council wants the vacating member of Council to be involved in the process,
then Council should set that up now.
City Clerk Hassel -Shearer stated that staff would need time to notice the City's call for applications in
multiple languages.
Mayor Colson opened the item up for public comment. There were no public comments.
Councilmember Brownrigg asked if, like with Commission interviews, the Council would be asking each
applicant the same questions. City Manager Goldman replied in the affirmative. She added that the
Council could ask follow up/clarifying questions.
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Councilmember Brownrigg stated that he was in support of applicants for the interim vacancy also filing as
a candidate for the November election.
The Council concurred with Councilmember Brownrigg.
Councilmember Brownrigg asked that question 6 on the draft application be amended from "What do you
see as the City's top 3 challenges, and how would you tackle them?" to "What do you see as the City's top 3
challenges?".
Vice Mayor Beach concurred with Councilmember Brownrigg. She asked that question 4: "Please discuss
your experiences with civic leadership and community engagement in the City of Burlingame" be moved to
the front page of the application.
Vice Mayor Beach stated that she didn't feel like the Council should include the endorsement option that
was outlined in the draft application.
Councilmember Stevenson concurred with Vice Mayor Beach that the endorsement section should be
removed from the draft application.
Councilmember Ortiz stated that if individuals wanted to endorse an applicant, they could submit public
comment.
Mayor Colson voiced concern about the potential for negative and/or derogatory comments from the
public about applicants. City Attorney Guina responded that the law does favor the commenter, but there
are limits. He noted that if the comment is written, then staff can censor the derogatory language in the
comment. He noted it is harder to censor in -person comments.
Mayor Colson stated that she thought it would be important to allow applicants time to speak after public
comment closes. The Council concurred.
Mayor Colson suggested holding the interviews at the Community Center. She explained that she was
concerned that it would be too intimidating to have Council interview applicants from the dais.
Councilmember Brownrigg and Vice Mayor Beach concurred.
City Clerk Hassel -Shearer replied that the Community Center does not have a great set-up for live -
streaming meetings. She cited the lack of camera vision on members of the public speaking.
Councilmember Brownrigg asked if the Council would be interviewing and appointing on the same night.
City Manager Goldman replied that it was up to Council to determine the process.
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Councilmember Ortiz stated that when conducting commission interviews, he liked to go home and
ruminate on the applicants' answers before making a decision.
City Clerk Hassel -Shearer stated that in 2014 when the Council appointed Councilmember Root to fill
Councilmember Deal's vacancy, they held the interviews and made the appointment on separate nights.
Councilmember Ortiz stated that the interviews should be done in the Council Chambers, as he believes a
qualification for Council is to be able to speak under pressure, and that the appointee should get used to
speaking in the Council Chambers.
Mayor Colson stated that she would work with the City Clerk on where to hold the interviews.
Vice Mayor Beach suggested adding a question regarding what three policy areas most interest the
applicants. The Council concurred.
Mayor Colson asked staff if she and the Vice Mayor could lead a small workshop for the applicants to
answer any general questions they had about being on Council. She noted that she is already fielding calls
from potential applicants. City Manager Goldman replied that Council is free to answer questions from
applicants regarding what it is like to be on Council. She added that staff could provide potential applicants
with the information they gave candidates in the 2022 election.
Mayor Colson stated that while she will encourage people to submit an application, she would not be
voicing support for any one candidate.
City Manager Goldman reviewed the proposed changes to the application:
• Move question four up the application.
• Revise question six so that the question ends with the word challenges.
• Add a question regarding the applicant's opinion of the changes in Burlingame pursuant to the
adoption of the City's General Plan.
• Add a question regarding the applicant's top three policy areas.
• Remove the endorsement section.
City Manager Goldman proposed the following timeline:
• Applications due April 12
• Interviews on April 17
• Appointment on April 29
• New interim Councilmember seated on May 6
The Council asked the City Clerk, City Manager, and Mayor to work on the schedule.
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
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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 9:15 p.m.
Respectfully submitted,
/s/
Meaghan Hassel -Shearer
City Clerk
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