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HomeMy WebLinkAboutMin - CC - 2024.06.03 (Regular Meeting)CITY 0 BURLINGAME BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on June 3, 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 Rachel Ni. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Pappajohn, 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 LEGAL COUNSEL— EXISTING LITIGATION. PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) 1.1 MICHAEL MITCHELL, ET AL. V. CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 22-CIV-01964 1.2 CHENGQUO DONG, ET AL. C. CITY OF BURLINGAME, ET AL., SAN MATEO COUTNY SUPERIOR COURT CASE NO. 21-CIV-05900 1.3 ETZEL WILLIAMS, III, ET AL. V. PENINSULA CORRIDOR JOINT POWERS AUHTOIRTY, AKA CALTRAIN, CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 77-riv-n:%7rq 1.4 THOMAS A. CADY V. CITY OF BURLINGAME, SAN MATEO COUNTY SUPERIOR COURT CASE NO. 21-CIV-06777 1.5 JASINTA KHORGE V. CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 21-CIV-06664 1 1.6 SHAYAN BOLBOLAN V. CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 22-CIV-00514 1.7 IBTESAM SAMARA V. DEWEY LAND COMPANY INC., CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 23-CIV-03787 1.8 SCOTT RHODES V. COUNTY OF SAN MATEO, CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 23-CIV-02850 1.9 JIHAD ABIRAMARNIA DBA THE TAILOR AND THE COBBLER V. CITY OF BURLINGAME, SAN MATEO COUNTY SUPERIOR COURT CASE NO. 24-SCS-00241 1.10 NINHUI WEIGHT JO. V. CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COURT CASE NO. 23-CIV-06136 1.11 DOMINICK J. CRISAFI, ET AL. V. JAMES P. SARGEN, CITY OF BURLINGAME, ET AL., SAN MATEO COUNTY SUPERIOR COUR CASE NOS. 355462. 341895 b. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2) 2.1 CLAIM OF ERIC ZANKMAN - BU 1596 2.2 CLAIM OF LIBERTY ELECTRIC - BU 1489 2.3 CLAIM OF BURLINGAME HEATING & VENTILATION, INC. - BU 1483 2.4 CLAIM OF KRISTINE HARTMAN - BU 1543 2.5 CLAIM OF PAOLO SILVESTI - BU 1544 2.6 CLAIM OF LORI SCHMALTZ - BU 1545 2.7 CLAIM OF KARI DAWDY - BU 1547 2.8 CLAIM OF DAVID NGYUEN - BU 1551 2.9 CLAIM OF LUISA KAO - BU 1558 2.10 CLAIM OF BURLINGAME JEWELRY & LOAN - BU 1586 2.11 CLAIM OF MORELL PLAZA HOA - BU 1560 2.12 CLAIM OF SIERRA FREUDENBERG - BU 1585 2.13 CLAIM OF KIRA MYKHAILOVA - BU 1591 2.14 CLAIM OF ANITA DEVI KUMAR - BU 1593 2.15 CLAIM OF MARIA FELIZ CARDENAS PEREZ - BU 1577 2.16 CLAIM OF TERESITA FENNELL CONDON - BU 1592 2.17 CLAIM OF LAURA BICHE - BU 1579 2.18 CLAIM OF GABOR LORINCZY - BU 1595 2.19 CLAIM OF KEMPER INSURANCE - BU 1594 2.20 CLAIM OF JOOD MAZAHREH - BU 1599 2.21 CLAIM OF JEAN UHARRIET - BU 1600 2.22 CLAIM OF TERY ZLATUNICH - BU 1601 2.23 CLAIM OF HELEN MACPHERSON - BU 1598 2.24 CLAIM OF ALAA ALKAILANI - BU 1603 2.25 CLAIM OF TRACEY KASHEVAROFF - BU 1570 2.26 CLAIM OF TONY SABA - BU 1563 2.27 CLAIM OF NELSON NG - BU 1567 2.28 CLAIM OF JOHNATHAN KOEHL - BU 1575 2.30 CLAIM OF SANDRA MAHER — BU 1571 2.31 CLAIM OF KATHERINE CRUZ ALTONAGA — BU 1576 2.32 CLAIM OF CYNTHIA CARLEY — BU 1568 2.33 CLAIM OF VIRIDIANA PONCE — BU 1583 2.34 CLAIM OF ALLSTATE INSURANCE AS SUBROGEE OF YUGIANG GUO — BU 1589 2.35 CLAIM OF ANTHONY LERTORA — BU 1481 City Attorney Guina reported that Council provided authority in one case. 6. UPCOMING EVENTS Mayor Colson reviewed upcoming events in the city. 7. PRESENTATIONS a. RECOGNIZING JUNE AS PRIDE MONTH The City Council recognized June as Pride Month. Mayor Colson noted that earlier in the day, the City Council along with staff raised the pride flag on the City Hall flag pole. b. NATIONAL MOSQUITO CONTROL AWARENESS WEEK Mayor Colson read a proclamation recognizing June 16 through June 22 as National Mosquito Control Awareness Week. San Mateo County Mosquito and Vector Control District's Public Health Education and Outreach Officer Rachel Curtis -Robles explained that the District is a taxpayer -funded special district. She stated that the District's mission is to safeguard the health and comfort of the people of San Mateo County through a planned program to monitor and reduce mosquitoes and other vectors. San Mateo County Mosquito and Vector Control District Four Representative Rena Gilligan discussed her time on the board. She noted that she had utilized the District's services prior to being appointed. Ms. Curtis -Robles reviewed services that the District provides the community including rodent inspection and yellow jacket control. She stated that the District would be holding an open house on June 15 from 12:00 p.m. to 4:00 p.m. Councilmember Pappajohn asked if the District also assists local businesses. Ms. Curtis -Robles replied in the affirmative. Councilmember Pappajohn asked about protecting rain barrels from mosquitoes. Ms. Curtis -Robles replied that the cover should be tight and in good condition. Mayor Colson opened the item up for public comment. Rachel Ni asked if the District would inspect resident's homes for rodents. Ms. Curtis -Robles replied in the affirmative. Mayor Colson closed public comment. The Council thanked the District for all their work. c. BURLINGAME FLEET ELECTRIFICATION PROGRAM UPDATE Deputy Director of Public Works Operations Mike Heathcote gave an update on the Burlingame Fleet Electrification Program. He began by discussing the California Air Resources Board's ("CARB") Advanced Clean Fleets Regulation ("ACF"). He stated that this regulation is the latest development in CARB's decades -long history of setting increasingly stringent emission standards for mobile sources. He explained that the regulation applies to fleets owned by federal, state, and local government agencies. He reviewed the requirements for state and local government fleets: • Starting 2024, 50% of truck, van, and bus purchases must be zero -emission vehicles. • Starting in 2027, 100% of truck, van, and bus purchases must be zero -emission vehicles. Mr. Heathcote reviewed some of the ACF exemptions including bucket trucks, dump trucks, services body trucks, and most heavy working vehicles. Mr. Heathcote stated that the City is coordinating with Peninsula Clean Energy ("PCE") to develop an EV Infrastructure Plan. He noted that the plan includes: • Data collection and fleet baseline • EV suitability, total cost of ownership analysis, and emissions reductions • Charging infrastructure needs assessment and roadmap to meet needs • EV charging site designs Mr. Heathcote reviewed the City's progress towards compliance with ACF: • There are 126 vehicles in the City's fleet. • Approximately 97% of the City's fleet can be replaced with EVs or PHEVs currently on the market, based on preliminary analysis and Gross Vehicle Weight Ratings (GVWR). Additional considerations need to be assessed for the vehicle type and configuration of each vehicle at the time of replacement. • The City's proposed electrification timelines are 100% in compliance with the ACF mandate, and the City's fleet can be fully electric by 2040. • Fleet electrification will require installation of 36 new charging ports by 2030. 4 Mr. Heathcote reviewed the City's ACF electrification compliance: • Starting in 2024, 50% of purchased vehicles, with a GVWR of over 8,501 pounds, must be zero - emission vehicles. • Starting in 2027, 100% of purchased vehicles, with a GVWR over 8,501, must be zero -emission vehicles. • There are zero -emission vehicle exemptions that Burlingame will take advantage of for vehicles that do not have a viable electric replacement option available on that market. Mr. Heathcote reviewed the City's current fleet of 126 vehicles: • 3 fully electric Ford F150 trucks • 1 Go4 EV for parking enforcement • Police Department has six hybrid vehicles and just purchased five hybrid patrol vehicles • City operates 14 hybrid vehicles Mr. Heathcote reviewed the City's EV charging needs at the Corp Yard: • 2025 - 39 electric vehicles with 11 charging ports • 2030 — 117 electric vehicles with 25 additional charging ports Mr. Heathcote stated that with PCE assistance, staff prepared the Fleet Electrification Plan, vehicle replacement guidance documentation, and construction "bid ready" drawings, in order to add immediate and future charging infrastructure at the Corp Yard. He added that staff is requesting FY 2024-25 CIP funds to implement phase one of the installation of EV charging ports at the Corp Yard. Mr. Heathcote reviewed some of the other electrification projects staff is working on including: • Applied for a dedicated PG&E meter for EV charging at the Corp Yard, which will provide lower charging costs. • Applied for a low -interest loan from the California Energy Commission for solar installations at the Corp Yard, Donnelly Parking Garage, and Highland Parking Garage. Councilmember Pappajohn asked about the performance of the City's electric vehicles and if staff had any complaints. Mr. Heathcote replied the City primarily has hybrid vehicles, and there are no complaints. Vice Mayor Beach asked about the cost difference between electric vehicles and the gas vehicles. Mr. Heathcote replied that electric vehicles are more expensive. He noted that the smaller, plug-in cars are more comparable in price. Vice Mayor Beach discussed the potential savings in regard to the cost of fuel and gas -related maintenance issues. Councilmember Brownrigg asked if hybrid vehicles help the City meet the ACF mandate. Mr. Heathcote replied in the affirmative. Councilmember Stevenson stated that he believed that with technology advancements, the cost of electric vehicles would decrease. Mayor Colson opened public comment. No one spoke. Mayor Colson thanked Mr. Heathcote for his presentation. 8. PUBLIC COMMENTS There were no public comments. 9. APPROVAL OF CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Nothing was removed. Councilmember Brownrigg thanked staff for their work on the crossing guard contract (item 9h). Mayor Colson opened 9h up for public comment. No one spoke. Councilmember Pappajohn made a motion to adopt the Consent Calendar; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 6, 2024 STUDY SESSION WITH TRAFFIC SAFETY AND PARKING COMMISSION City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 6, 2024 Study Session with Traffic Safety and Parking Commission. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 6. 2024 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 6, 2024, regular City Council meeting. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 20, 2024 STUDY SESSION WITH THE LIBRARY BOARD OF TRUSTEES City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 20, 2024, Study Session with the Library Board of Trustees. d. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 20. 2024 REGULAR CITY COUNCIL MEETING ll City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 20, 2024 regular City Council meeting. e. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 21, 2024 MEASURE I OVERSIGHT COMMITTEE AND PLANNING COMMISSION INTERVIEWS City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 21, 2024 Measure I Oversight Committee and Planning Commission Interviews. f. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MAY 22. 2024 CLOSED SESSION City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the May 22, 2024 Closed Session. g. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FY 2024-25 BUDGET STUDY SESSION City Clerk Hassel -Shearer requested Council approval of the City Council meeting minutes for the FY 2024- 25 Budget Study Session. h. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES (ACMS) TO PROVIDE CROSSING GUARD SERVICES TO LOCAL SCHOOLS Police Chief Matteucci requested Council adopt Resolution Number 076-2024. L ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES TO INCREASE THE NOT TO EXCEED AMOUNT TO 5107,394.55 AND TO EXTEND THE TERM City Manager Goldman requested Council adopt Resolution Number 077-2024. ADOPTION OF A RESOLUTION APPROVING THE STREET RESURFACING PROJECT TO COMPLY WITH SENATE BILL NO. 1 FOR FISCAL YEAR 2024-25 AND ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SENATE BILL NO. 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 DPW Murtuza requested Council adopt Resolution Number 078-2024. k. ADOPTION OF A RESOLUTION AWARDING A $2,156,803.50 CONSTRUCTION CONTRACT TO INTERSTATE GRADING AND PAVING, INC. FOR THE 2024 STREET RESURFACING PROGRAM, CITY PROJECT NO. 86720. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION 7 DPW Murtuza requested Council adopt Resolution Number 079-2024. I. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2024-25 Finance Director Yu -Scott requested Council adopt Resolution Number 080-2024. m. APPROVAL OF REVISIONS TO THE INVESTMENT POLICY FOR FISCAL YEAR 2024-25 Finance Director Yu -Scott requested Council approve the revisions to the Investment Policy for Fiscal Year 2024-25. 10. PUBLIC HEARINGS There were no public hearings. 11. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF THREE APPOINTMENTS TO THE MEASURE I CITIZENS' OVERSIGHT COMMITTEE Mayor Colson stated that there were four candidates for the Council to consider for the Measure I Citizens' Oversight Committee. She explained that there were three open seats. The four candidates interviewed were Mary Hockridge, Jack (John) Easterbrook, Krista Zitnick, and Stephen Walker. Councilmember Pappajohn abstained from voting since she wasn't on the Council for the interviews of the first two candidates. Mayor Colson opened the item for public comment. No one spoke. The Council filled out their ballots, and the City Clerk read their votes. A second round of voting was necessary, and the City Clerk tabulated the votes. Congratulations to Mary Hockridge, Jack (John) Easterbrook, and Krista Zitnick. b. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION Mayor Colson explained that only one candidate applied for the Planning Commission opening. E3 Mayor Colson opened the item for public comment. No one spoke. The Council filled out their ballots, and the City Clerk read their votes. Congratulations to Jennifer Pfaff on her re -appointment. c. DISCUSSION OF PARKLET FEE STRUCTURE AND TERM OF AGREEMENT FOT THE PARKLET PROGRAM BEGINNING JULY 1. 2024 Economic Development and Housing Specialist ("EDHS") Joseph Sanfilippo discussed the City's parklet program: • December 4, 2023 — Council expressed support for establishing a semi -permanent parklet program beyond June 30, 2024 • May 6, 2024 — Council adopted parklet program policy guidelines effective July 1, 2024 • May 22, 2024 — Economic Development Subcommittee ("EDS") discussed fee structure and terms for the participants Mr. Sanfilippo stated that staff reviewed several long-term programs in other jurisdictions including Belmont, Campbell, Los Gatos, Mountain View, and Walnut Creek. He discussed the various types of fees that these cities included in their parklet programs. Mr. Sanfilippo reviewed the two recommended options for parklet use fees: • Option one: Maintain current use fee of $1,590 per year • Option two: Revenue recovery model based on lost parking revenues — charged at dollars per square foot value Interim CDD Hurin reviewed the EDS recommendation for the parklet use fees: • Application fee: $1,801- one-time fee to cover staff time and review plans • Space Use Fee: $15 per square foot in the Burlingame Ave Commercial District and $6 per square foot in the Broadway Commercial District (based off parking meter fees) • Cleaning Fee: $3,180 per year • Inspection Fee: $1,800 per year (based on staff time) Mr. Hurin reviewed the proposed fee versus the existing fee: Parklet Use Fees (based on 250 square foot parklet) Existing Proposed Difference Space Use Fee $1,590/year $15/sf: $3,750/year $6/sf: $1,500/year +$2,160/year (Downtown Burlingame) -$90/year (Broadway) Cleaning Fee $3,180/year $3,180/year No Change Inspection Fee $7,200/year ($1, 800/quarter) $1,800/year -$5,400/year 0 Total: $11,970/year $8730/year -$3,240/year (Downtown $6,480/year Burlingame) -$5,490/year (Broadway) Mr. Hurin reviewed the EDS recommendations for the agreement terms: • Minimum three-year agreement • Owners would not be required to rebuild parklets for next 2027-2030 agreement period • Annual Space Use Fee will not change for the three-year period (cleaning and inspection fees may be escalated for inflation and changes in staff costs) Councilmember Stevenson asked about the language regarding not needing to rebuild their parklets when agreements come back up for renewal. City Manager Goldman replied that the City is making current parklet owners tear down and rebuild their parklets to a new standard if they want to continue having a parklet. She explained that the EDS thought it was important to provide the parklet owners with some reassurance that they wouldn't need to rebuild again when the agreement comes back for renewal. Councilmember Brownrigg asked if the City is confident that the new parklet design won't block storm drains and will mitigate the rodent issue as best as possible. Interim CDD Hurin replied in the affirmative and noted that the new design standard allows the City access to the utilities under the parklet. Councilmember Brownrigg asked about the application fee. Interim CDD Hurin replied that because of the new design guidelines, parklet owners would need to submit plans for staff review. Therefore, the application fee covers the cost of staff time. Vice Mayor Beach asked about the potential wear and tear on the sidewalks by the parklets. Interim CDD Hurin replied that the parklets are regularly inspected. DPW Murtuza added that the parklet permit covers wear and tear costs. Mayor Colson asked about the timeline for parklets to meet the new design standards. Interim CDD Hurin replied that the City sent design guidelines to the parklet owners. He noted that it appears the parklet owners are waiting to see the fee structure before deciding whether to continue utilizing a parklet. DPW Murtuza stated that if an owner no longer wants to be a part of the parklet program, they must notify the City and remove their parklet by June 30. He explained that if an owner decides to participate in the new parklet program, they have four months to seek approval and build their new parklet. Mayor Colson opened the item for public comment. No one spoke. Vice Mayor Beach stated that it might be a challenge to have the parklets torn down by June 30. She discussed the significant investment owners would need to make in rebuilding their parklets. She added that due to the cost of the rebuild, she approved of the three-year term. 10 DPW Murtuza stated that staff anticipates it will take longer for businesses to tear down their parklets and that staff would work with the businesses. Councilmember Brownrigg discussed the importance of communicating with the public about the new parklet program. He explained that staff needed to make sure that the public understood that the City wasn't making businesses tear down their parklets. Mayor Colson discussed Park and Howard's concerns about droppings from the tree above their parklet. She asked staff if there might be exemptions from the no roof requirement for parklet. Councilmember Pappajohn concurred with Councilmember Brownrigg about the public outreach concern. She suggested including messaging in water bills. City Manager Goldman replied that there was a cost associated with including messages in the water bill and that the water bill doesn't go to all residents. The Council voiced support for the EDS' recommended fee structure. Vice Mayor Beach asked about businesses that want to stop using their parklets before the end of the agreement. Mayor Colson explained that a business could end their parklet usage earlier, but they would need to give the City a 60-day notice. Interim CDD Hurin asked Council if they wanted the square footage of the parklet fee calculation to include the total square footage of the parklet or just the usable square footage. The Council voiced support for total square footage. Councilmember Stevenson asked whether the program outlined what would happen after the initial three- year term. City Attorney Guina replied that the agreement would include language that the three-year time period is an evaluation period and that this isn't a permanent program. Mayor Colson thanked staff for the report. 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 13. FUTURE AGENDA ITEMS Councilmember Brownrigg asked to agendize a discussion over the procurement of PFAS free turf fields. City Manager Goldman replied that the Parks and Recreation Commission will be discussing turf fields and that afterwards this discussion would come to Council. 14. ACKNOWLEDGMENTS 11 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 9:06 p.m. in memory of Margaret Lico. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 12