HomeMy WebLinkAboutMin - CC - 2024.04.15 (Regular Meeting)CITY O-
BURLINGAW
s
�AarEo� wEb.
BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on April 15, 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 Councilmember Ortiz.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson
MEMBERS ABSENT: None
4. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
There was no closed session.
6. UPCOMING EVENTS
Mayor Colson reviewed upcoming events in the city.
7. PRESENTATIONS
a. PROCLAMATION HONORING COUNCILMEMBER RICARDO ORTIVS SERVICE TO THE CITY
Mayor Colson read a proclamation recognizing the work of Ricardo Ortiz as City Councilmember. She noted
that after over a decade of service to the City, Councilmember Ortiz would be stepping down.
1
Mr. Rendon from Congressman Kevin Mullin's Office read a proclamation from the Congressman honoring
Councilmember Ortiz and noting all his work on the Airport Roundtable.
Mr. Burruto and Ms. Fernandez from Assemblymember Diana Papan and State Senator Josh Becker's
offices, respectively, read a proclamation recognizing Councilmember Ortiz's contributions to the
community. They noted his ability to build bridges while keeping a sharp sense of humor.
Ms. Wolin from Supervisor Dave Pine's Office presented Councilmember Ortiz with a proclamation for his
hard work and service to the community.
The Council thanked Councilmember Ortiz for his service.
Councilmember Stevenson discussed Councilmember Ortiz's friendship and his ability to give great advice.
Vice Mayor Beach thanked Councilmember Ortiz for always stepping up.
Councilmember Brownrigg discussed the fact that Councilmember Ortiz always has an open mind and is
able to succinctly make his point.
Mayor Colson stated that Councilmember Ortiz is a valuable asset to the City and is always willing to help
out. She thanked him for his friendship.
City Manager Goldman thanked Councilmember Ortiz on behalf of the staff for always being a supportive
boss. She noted that he was always able to find a middle ground.
Mayor Colson opened the item up for public comment.
Mark Lucchesi thanked Councilmember Ortiz for his service.
JoAnneh Nagler thanked Councilmember Ortiz for his hard work in the community.
Jennifer Pfaff stated that what she most appreciates about Councilmember Ortiz is that he cuts to the
chase.
Mike Nagler discussed Councilmember Ortiz's handshake that begins far behind him. He thanked
Councilmember Ortiz for all his work in the community.
Former Councilmember Root discussed their work on the School Bond Oversight Committee. He thanked
Councilmember Ortiz for all the long hours and sacrifices he has made for the community.
Andrea Pappajohn thanked Councilmember Ortiz for how well he has served the community.
Kimathi Marangu discussed Councilmember Ortiz's work and thanked him for his friendship.
2
Kris Cannon thanked Councilmember Ortiz for his service to the community.
Mayor Colson closed public comment.
Councilmember Ortiz thanked his colleagues, staff, and most importantly his family for their support during
his time on Council.
On behalf of all staff, thank you Councilmember Ortiz for your friendship and support over the past decade.
8. PUBLIC COMMENTS
John discussed wage theft regarding the construction of the parking garage in Burlingame.
San Mateo County Labor Council representative Julie Lind discussed wage theft ordinances that the City
could adopt.
An individual asked about who pays for the police officers that are stationed outside Apple and Sephora.
(Comment submitted via publiccomment@burlingame.org).
Mayor Colson acknowledged that Sephora and Apple pay for this service.
9. APPROVAL OF CONSENT CALENDAR
Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar. Vice Mayor Beach requested 91 be pulled. Members of the public pulled item 9f.
Vice Mayor Beach made a motion to approve the follow items from the Consent Calendar: 9a, 9b, 9c, 9d,
9e, 9g, 9h, 9i, 9j, and 9k; seconded by Councilmember Ortiz. The motion passed unanimously by roll call
vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 13, 2024 FY 2023-24 MID -YEAR
BUDGET STUDY SESSION
City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the March 13, 2024
FY 2023-24 Mid -Year Budget Study Session.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 18. 2024 STUDY SESSION WITH
THE PARKS AND RECREATION COMMISSION
City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the March 18, 2024
Study Session with the Parks and Recreation Commission.
3
c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 18, 2024 REGULAR CITY
COUNCIL MEETING
City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the March 18, 2024
regular City Council meeting.
d. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR APRIL 1. 2024 CLOSED SESSION
City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the April 1, 2024
Closed Session.
e. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 1, 2024 REGULAR CITY COUNCIL
MEETING
City Clerk Hassel -Shearer requested approval of the City Council meeting minutes for the April 1, 2024
regular City Council meeting.
f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH GALEB PAVING. INC. FOR THE CUERNAVACA PARK ATHLETIC TURF RENOVATION PROJECT IN
THE AMOUNT OF 52,760,121.07; TRANSFERRING $230,000 FROM THE GENERAL FUND RESERVE
TO THE CAPITAL PROJECT FUND; AND INCREASING THE PROJECT BUDGET BY $230,000, CITY
PROJECT NO. 86070
An individual discussed their concerns about installing artificial turf due to both climate and health
concerns. (Comment submitted via publiccomment@burlingame.org).
Jamie Russo, Burlingame Soccer Club, and Shep Maher voiced their support for installing turf at Cuernavaca
Park. (Comments submitted via publiccomment@burlingame.org).
Councilmember Brownrigg voiced concern about artificial turf. He asked that the Council consider
discussing whether future fields should be turfed. The Council agreed.
Councilmember Ortiz made a motion to adopt Resolution Number 045-2024; seconded by Mayor Colson.
The motion passed unanimously by roll call vote, 5-0.
g. ADOPTION OF A RESOLUTION APPROVING A SOFTWARE LICENSE AGREEMENT WITH
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. TO PROVIDE GEOGRAPHIC INFORMATION
SYSTEMS SOFTWARE IN THE AMOUNT OF S122.700 FOR A THREE-YEAR PERIOD AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
DPW Murtuza requested Council adopt Resolution Number 046-2024.
4
h. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF FIVE VEHICLES FOR THE CITY'S
FLEET SYSTEM AS PART OF THE FY 2023-24 VEHICLE REPLACEMENT PROGRAM IN THE AMOUNT
OF $316,321.55
DPW Murtuza requested Council adopt Resolution Number 047-2024.
L ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ALCAL SPECIALTY
CONTRACTING, INC., IN THE AMOUNT OF $557,958, FOR THE POLICE DEPARTMENT ROOF
REPLACEMENT, CITY PROJECT NO. 86060, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE COSNTRUCTION CONTRACT
DPW Murtuza requested Council adopt Resolution Number 048-2024.
j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR
AGREEMENT WITH MAZE & ASSOCIATES ACCOUNTANCY CORPORATION TO SERVE AS THE CITY OF
BURLINGAME'S INDEPENDENT EXTERNAL FINANCIAL AUDITORS WITH AN OPTION TO EXTEND
FOR TWO ADDITIONAL YEARS, FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $272,800
Finance Director Yu -Scott requested Council adopt Resolution Number 049-2024.
k. 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.
I. ADOPTION OF A PROPOSED ORDINANCE FOR A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF BURLINGAME AND DW BURLINGAME I OWNER LLC; DW BURLINAGME II OWNER LLC; DW
BURLINGAME I OWNER A LLC; DW BURLINGAME II OWNER B LLC; AND DW BURLINGAME III
OWNER LLC, RELATED TO THE DEVELOPMENT PROJECT AT 1200-1340 OLD BAYSHORE HIGHWAY;
CEOA DETERMINATION: ENVIRONMENTAL IMPACT REPORT CERTIFIED BY CITY COUNCIL ON APRIL
1,202
Vice Mayor Beach recused herself from this item due to an economic conflict of interest.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt Ordinance Number 2027; seconded by Councilmember
Stevenson. The motion passed by roll call vote, 4-0-1 (Vice Mayor Beach was recused).
10. PUBLIC HEARINGS
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE RENEWING THE BURLINGAME POLICE
DEPARTMENT MILITARY EQUIPMENT USE POLICY; CEQA DETERMINATION: EXEMPT PURSUANT
TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(b)(3)
City Attorney Guina began with a brief background on AB 481. He explained that AB 481 requires
municipalities/governing bodies to adopt a "Military Equipment Use Policy" prior to funding, acquisition, or
use of military equipment. He stated that this includes equipment owned/acquired by the agency and
equipment deployed in the jurisdiction/in collaboration with other law enforcement agencies. He noted
that the Council first adopted the policy by ordinance in 2022 and stated that the policy has to be annually
reviewed and reauthorized.
City Attorney Guina reviewed the military equipment that the Burlingame Police Department currently
owns:
• AR-15 Rifle (30)
• 40 mm less lethal launchers (14) and munitions
• Pepper ball launchers (2) and munitions
He noted that Burlingame PD does not possess tactical equipment designed for military use.
City Attorney Guina stated that Burlingame PD is part of the North County Regional SWAT and that this
agency deploys the following equipment:
• Drones
• Mine resistant ambush protected vehicles
• Wheeled vehicles with breaching apparatus
• Battering rams/slugs
• AR-15
• Flashbang grenades, tear gas, pepper balls
• Long range acoustic device
City Attorney Guina discussed the annual review of the policy:
• Summary of how military equipment was used and its purpose
• Summary of any complaints regarding military equipment
• Internal audit results; violations of policy; corrective actions
• Annual cost of military equipment including acquisition, training, maintenance, and transportation
• Quantity possessed
• If agency intends to acquire additional military equipment
City Attorney Guina stated that on March 7, the Police Department held a community meeting about the
proposed military equipment use policy.
City Attorney Guina reviewed the findings that are required to renew an agency's policy:
• Military equipment is necessary because there is no reasonable alternative
0
• Policy will safeguard public welfare, safety, civil rights/liberties
• If purchasing, the equipment is reasonably cost effective
• Prior military equipment complied with policy in effect at the time; corrective action taken
He noted that staff believes that the finds can be made by the Burlingame Police Department.
Mayor Colson opened the public hearing. No one spoke.
Vice Mayor Beach stated that she is convinced that the findings have been met.
Vice Mayor Beach made a motion to bring the proposed ordinance back for a second reading; seconded by
Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0.
b. ADOPTION OF A RESOLUTION ESTABLISHING ANEW TOBACCO RETAILER APPLICATION FEE AND
AN ANNUAL TOBACCO RETAILER PERMIT FEE FOR THE TOBACCO RETAILER PERMIT PROGRAM
AND AMENDING THE MASTER FEE SCHEDULE ACCORDINGLY
City Attorney Guina stated that staff recommends that the Council adopt two new fees that coincide with
the new tobacco retailer program that was adopted in March. He noted that the proposed fee structure is
intended to recoup some of the City's costs in administering the program. He explained the two new fees:
• One-time new tobacco retailer permit application fee of $249 (this fee is waived if the applicant
submits their application before mid -May)
Annual fee of $672 used to administer the program including education and the two enforcement
checks
He added that these fees are commensurate with the fees in the County's program.
Mayor Colson asked if the two enforcement checks were per retailer. City Attorney Guina replied in the
affirmative.
Mayor Colson opened the item up for public comment.
Don Gross voiced concern that the City's tobacco retailer permit program would effectively prohibit new
retailers due to the requirement that the location not be within 1,000 feet of a youth populated area or
within 500 feet of an existing retailer. He added that his business would not be able to move as there
wouldn't be a location within the city that would meet the distance requirement.
Mayor Colson closed public comment.
Mayor Colson stated that if the Council wanted to look at the distance requirement, the City would need to
amend the ordinance. She asked if her colleagues would like to review the distance requirements. The
Council agreed.
7
Councilmember Stevenson made a motion to adopt Resolution Number 050-2024; seconded by
Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0.
11. STAFF REPORTS AND COMMUNICATIONS
a. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME MASTER FEE
SCHEDULE FOR THE 2024-25 FISCAL YEAR: SETTING THE PUBLIC HEARING FOR SUCH AMENDMENT
FOR MAY 6, 2024
Finance Director Yu -Scott stated that the City's last fee study was conducted in FY 2015-16. She noted that
last November, staff contracted with Matrix Consulting Group to undertake a new fee study for the City.
Matrix Consulting Group representative Courtney Ramos gave a brief background regarding the fee study:
• City last conducted a fee study in FY 2015-16
• Best practice to conduct a comprehensive update every five to seven years
• Current study reviewed all citywide user fees, excluding market -based fees
• Comparative survey was conducted of surrounding jurisdictions for sample of fees from each
department
Ms. Ramos reviewed the objectives of a user fee study:
• Streamline fee structures — consolidate and expand fees where appropriate to better reflect existing
services
• Average time assumptions — identify the average level of effort associated with different permits
and applications
• Fully burdened hourly rates — determine direct and indirect costs associated with staff time
• Comparative survey— benchmark against other jurisdictions
• Compliance with Props. 218 and 26 — ensure that the direct and indirect costs do not exceed current
fees
• Update fee schedule — provide an updated fee schedule reflective of current costs
Ms. Ramos reviewed the methodology of the fee study:
• Average staff time by position title per permit/application (represents the reasonable amount of
time necessary to provide the services based upon City of Burlingame staff) multiplied by
• Fully burdened hourly rate per position title (includes salaries, benefits, productive working hours,
services and supplies, departmental overhead, and citywide overhead based on City of Burlingame
expenses) equals
• Full Cost — maximum justifiable fee that can be assessed to projects and applications
Ms. Ramos reviewed the results of the study:
Category
Current Fee
Revenue
Annual Cost
Difference
Cost Recovery
(Percentage)
Building
$4,719,374
$5,204,104
($484,730)
91%
Planning
$743,094
$888,564
($145,470)
84%
0
Engineering
$1,260,981
$1,539,481
($278,500)
82%
Police
$93,599
$195,675
($102,076)
48%
Total
$6,817,048
$7,827,824
($1,010,776)
87%
She noted that the consultants found that the City is subsidizing approximately $1 million in fees.
Ms. Ramos reviewed the key outcomes of the study:
• Created square footage fees for commercial MEP projects to be consistent with residential projects.
• Expanded valuation -based fees to capture larger projects and estimated level of effort.
• Developed a city -specific multiplier for valuation -based fees.
• Streamlined the Planning fee schedule to be more reflective of the services being provided.
• Created new fees for encroachment permits to reflect the variation in the types of projects,
including capturing large development projects.
• Created a technology fee to be reflective of new components and costs.
Ms. Ramos reviewed the three buckets for fees:
1. Primarily funded by user fees
a. Zoning and site approvals
b. Building permits and review
c. Engineer development review
2. Mixture of user fees, taxes, and other sources
a. Fire prevention
b. Recreation
3. Primarily funded by tax revenues
a. Police
b. Fire suppression
c. Streets
Ms. Ramos reviewed things to consider when setting fees:
• No fee can be set at more than 100% cost recovery. Any fees showing over -recovery will need to be
reduced.
• Any state or local ordinance -based fees should remain unchanged.
• Setting fees at less than 100% cost recovery means fees are subsidized through other funding
sources and funding is unavailable for other activities (such as public safety, streets, parks, etc.)
• Typically, lower cost recovery is for fees that:
o Encourage compliance (such as water heaters)
o Don't serve as a barrier to entry (such as appeals)
Councilmember Brownrigg discussed the City's fees in comparison to other cities. He noted that he found
in doing some spot checking that fees were all over the map. He asked why this was. Ms. Ramos replied
that one of the reasons for the varying costs is because of the process that a permit is put through. She
gave the example of one city allowing a permit to be processed administratively versus another requiring
9
the permit to go before the planning commission. She added that staffing costs are also vastly different in
the Bay Area.
Vice Mayor Beach stated that the building permit fees increased a lot. She asked why they had changed so
much. Ms. Ramos replied that there was a directive for close to 100% cost recovery. She discussed code
changes in the past seven years and salary increases that have led to the increase.
CDD Gardiner concurred with Ms. Ramos. He added that buildings and the building codes have become
more complex, which increases staff's time.
Vice Mayor Beach stated that she hopes that smaller projects are not being forced to pay exorbitant fees.
She discussed looking at the fees through a common sense lens. She gave the example of replacing an
existing fence where the individual would have to pay fees for review and for an encroachment permit,
which would create a large cost on the resident.
Mayor Colson opened the item up for public comment. No one spoke.
The Council discussed how best to phrase the Vice Mayor's concern about fees charged on some types of
smaller projects so that staff could address this issue.
Councilmember Brownrigg made a motion to adopt Resolution Number 051-2024; seconded by Vice Mayor
Beach. The motion passed unanimously by roll call vote, 5-0.
b. DIRECTION ON CITY COUNCIL APPOINTEE INTERVIEW PROCESS AND QUESTIONS
City Manager Goldman stated that the City received two applications by the deadline for the interim
District 1 City Council seat. She added that the two candidates would be interviewed on Wednesday, April
17, 2024.
City Manager Goldman stated that when former Councilmember Jerry Deal stepped down, the Council
submitted questions to the City Manager, and then she selected at least one question per Councilmember.
She recommended that each Councilmember submit at least two questions to her, and that she would
select two from each Councilmember to be asked.
City Manager Goldman reviewed the order of events for the April 17 meeting. She noted that staff is
presenting Council the option to decide that night on which candidate should be appointed.
Councilmember Brownrigg asked about the length of the interviews. City Manager Goldman replied that
they should each be about 30 minutes.
Mayor Colson opened the item up for public comment. No one spoke.
Mayor Colson directed her colleagues to submit questions related to their areas of expertise.
10
Councilmember Ortiz stated that he would like to see some questions that are specific to District 1.
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
13. FUTURE AGENDA ITEMS
Vice Mayor Beach asked for a study session on wage theft and what if any local policy levers the City could
use to promote payment. The Council agreed.
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 9:42 p.m.
Respectfully submitted,
/s/
Meaghan Hassel -Shearer
City Clerk
11