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HomeMy WebLinkAboutMin - CC - 2024.09.03 Regular MeetingCITY 0 BURLINGAME �Ao.Eo� BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on September 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 Mike Heathcote. 3. ROLL CALL MEMBERS PRESENT: Brownrigg, Colson, Lee, Pappajohn, Stevenson MEMBERS ABSENT: None There was no request. 5. REPORT OUT FROM CLOSED SESSION a. CONFERENCE WITH LEAGL COUNSEL —ANTICIPATED LITIGATION, PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2) 2.1 CLAIM OF BALFOUR BEATTY INFRASTRUCTURE. INC. — BU-1611 2.2 CLAIM OF LEXINGTON INSURANCE COMPANY — BU-1612 2.3 CLAIM OF ERIN MCLAUGHLIN BU-1605 2.4 CLAIM OF KHUONG LE — BU-1607 2.5 CLAIM OF ROLANDO CHAI — BU-1610 2.6 CLAIM OF CIPRIANA CRUZ — BU-1610a 2.7 CLAIM OF SANTOS ROLANDO CHAI PU — BU-1610b 2.8 CLAIM OF SUHAIL BOURI — BU-1609 2.9 CLAIM OF HECTOR GARCIA — BU-1614 ACA Spansail stated that direction was given, but no reportable action was taken. b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54958.8 PROPERTY: APNS 029204250: 02921440: 029121470; 026363590; 029204260: 029112400: 028285250:028285290 AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; GREEN BANKER REALTY; GEORGIA NOVO; PCCP, JP MORGAN CHASE, DOSTART DEVELOPMENT ACA Spansail stated that direction was given, but no reportable action was taken. 6. UPCOMING EVENTS Mayor Colson reviewed upcoming events in the city. 7. PRESENTATIONS a. COMMUNITY OVERCOMING RELATIONSHIP ABUSE (CORAL'S SPEAK UP PROJECT CORA representative Norma Alfaro discussed CORA's Speak Up Program. She reviewed the three objectives of the Speak Up Program: 1. Understand intimate partner abuse 2. Recognize red flags of abuse 3. Speak Up: What to say to someone we fear might be in an abusive relationship Ms. Alfaro stated that 90% of the calls CORA receives are from women, 9% from men, and 1% from transgender individuals. She added that one in four women and one in seven men have experienced physical violence from an intimate partner. Ms. Alfaro reviewed the cycle of abuse: • Tension build up • Abuse • Reconciliation "honeymoon phase" • Calm She also discussed the different types of abuse an individual can face including physical, emotional, verbal, psychological, sexual, economic, spiritual, and tech. Ms. Alfaro discussed different red flags that individuals should be aware of including bruises, love bombing, and isolation. Ms. Alfaro reviewed different things an individual can say to help someone including: • 1 am here to listen if you ever want to talk. • What can I do to help you right now? 2 • This is not your fault. • 1 hear what you are saying, and I believe you. Ms. Alfaro stated that CORA has been active for 48 years. She noted that they have a 24-hour hotline (1- 800-300-1080) for individuals seeking assistance. Councilmember Lee asked about partner abuse in the elderly community. Ms. Alfaro replied that it does happen. She added that CORA is working with all age groups on this issue. Councilmember Pappajohn thanked Ms. Alfaro for the presentation. Councilmember Brownrigg asked what else the City can do for CORA. Ms. Alfaro discussed the other programs that CORA has started to assist San Mateo County residents. City Clerk Hassel -Shearer discussed Tony's Closet, a free boutique store, that CORA set up for survivors to start their new lives. Mayor Colson thanked CORA for the presentation. b. UPDATE ON OPERATIONS AND MAINTENANCE OF CITY HALL Assistant to the City Manager Kirshner and DPW Murtuza gave a presentation on operations and maintenance of City Hall. Mr. Kirshner discussed the space limitations of City Hall. He explained that in 2023, Group 4 Architecture completed an existing conditions report for City Hall. He reviewed their findings: • 32% of the space is used for circulation, while the industry standard is 20 to 25% • Currently utilizing 169 square feet per employee o Crowded workstations for employees o Lack of meeting room space o Planning standard is 200 to 250 square feet o Four employees are notable to work at City Hall due to space limitations • Conservative estimate of 20% growth in staff will require a City Hall with 32,400 to 40,500 square feet DPW Murtuza reviewed the costs of necessary upgrades to City Hall: • The total estimated cost of necessary Capital Improvement Projects for City Hall in the next five years is $16,000,000 • The total estimated cost of necessary Capital Improvement Projects for City Hall in the next ten years is $35,000,000 • Three years of staff relocation likely required to complete work DPW Murtuza discussed the structural and operational issues of City Hall: 3 • City Hall was built in 1969, with no significant upgrades performed since that time • Designed pursuant to older seismic standards than currently required by California law • A serious earthquake would cause substantial structural damage and "moderate risk to life" • Mechanical, electrical, and plumbing equipment have served beyond their designed life span o Leads to high annual operations/maintenance costs of $313,000 per year o Lack of available parts in the industry to make repairs o Risk of major equipment failure may lead to complete shutdown of facility • Lighting issues in Council Chambers and main building • Insufficient fire protection — no fire sprinklers and inadequate fire alarm system • ADA and accessibility issues Next, DPW Murtuza reviewed City Hall's necessary major structural and seismic upgrades: • Estimated cost of required upgrades is $10,000,000 • Multi -year relocation of employees would be required • 2013 seismic report found numerous structural problems with multiple sections of City Hall • Rehabilitation work will require substantial reconstruction of the entire main building, Council Chambers, and connecting breezeway to install seismic safety components Mr. Kirshner reviewed City Hall's HVAC issues: • Estimated cost of replacement is $2,000,000 • Frequent issues with existing system • System is outdated such that mechanical parts are not available in the market • Lack of uniform and adequate heating and cooling of the building • Major risk of failure if not replaced in a timely manner • Asbestos must be addressed when completing HVAC work • Requires employee relocation DPW Murtuza discussed the plumbing system in City Hall: • Estimated cost of replacement is $1,500,000 • Pipes are corroded significantly and require replacement • Confined workspace to make repairs requiring reconstruction • Asbestos must be addressed when completing plumbing work • Requires employee relocation Mr. Kirshner reviewed City Hall's electrical and lighting system: • Estimated cost of replacement is $1,500,000 • Requires new installation of panels • Updated electrical service to service current business needs • Updated energy management control systems to meet current standards DPW Murtuza discussed City Hall's roof: • Multiple roof leaks have been patched over time, and leaks are an ongoing issue 4 • Roof throughout City Hall requires a complete replacement • Estimated cost of roof replacement is over $500,000 • Requires remediation and abatement of asbestos Vice Mayor Stevenson asked about employee relocation. DPW Murtuza explained that depending on the repairs, all employees might need to be relocated. Mr. Kirshner added that the preliminary cost of renting space for City staff is approximately $1.7 million per year. Councilmember Lee asked if the building is tested for loose asbestos. DPW Murtuza replied in the affirmative. Councilmember Brownrigg asked about the cost of work and relocation. DPW Murtuza replied that it would cost approximately $35 million if all work is completed in three years. Mayor Colson asked how green the City Hall building is. DPW Murtuza replied that it is not at all. Mayor Colson stted that a green and ADA-accessible building, like the new Community Center, would benefit the public. Mayor Colson asked how long staff have been pondering a new City Hall. DPW Murtuza responded that the first condition assessment under his tenure was done in 2007. Mayor Colson commented that other City buildings were prioritized, and those projects are done and turned out well. She noted that it is time to turn effort towards City Hall. Councilmember Lee asked how the troubles with City Hall are affecting staff productivity. DPW Murtuza responded that the problems with City Hall do impact productivity, but it is hard to quantify. Councilmember Brownrigg asked about how the public currently uses City Hall. DPW Murtuza replied that he believed the public appreciated City Hall's central location. However, he noted that there are a lot of complaints about the lack of parking. City Manager Goldman stated that the Community Development staff have outgrown their space. She noted that the confined space is difficult for the public. Mayor Colson stated that the updated General Plan envisions the City growing in population by 20%. She noted that this would require additional staff. City Manager Goldman replied in the affirmative. She noted that the current City Hall does not have the space for additional staff. City Manager Goldman stated that State and Federal mandates also require new specialized staff. She noted that while the City has a hybrid work policy in place, there is a need for more desk space. 5 Vice Mayor Stevenson asked about the maintenance costs per year on the building and how all maintenance impacts employees. DPW Murtuza replied that some of the maintenance is done internally and noted that staff often has to fabricate parts themselves as the original parts have been discontinued. Mayor Colson opened the item up for public comment. Tony Paul suggested reaching out to other cities to see if staff could be temporarily relocated to other cities' office space. Mayor Colson closed public comment. Mayor Colson thanked staff for the hard work on the assessment. Councilmember Lee appreciated that staff have been working under these conditions for so long. She commented that Council owes it to staff to provide better working conditions. Councilmember Brownrigg stated that he would like to better understand the alternatives to spending $35 million on upgrading the current building Mayor Colson stated that figuring out how to continue to attract qualified and capable staff is a priority. Therefore, it is a priority to ensure that City Hall keeps up with the needs of the public and staff. 8. PUBLIC COMMENTS A Burlingame resident spoke about the need to extend the off -leash dog hours at Washington Park. She explained that residents had created a sign-up sheet to ensure that the area stayed clean during the extended hours. 9. APPROVAL OF CONSENT CALENDAR Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Pappajohn pulled item 9c. Vice Mayor Stevenson made a motion to adopt items 9a, 9b, 9d, 9e, 9f, 9g, 9h, 9j, 9k, and 91; seconded by Councilmember Lee. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE AUGUST 19, 2024 STUDY SESSION TO INTERVIEW CANDIDATES FOR THE AT -LARGE COUNCIL SEAT APPOINTMENT City Clerk Hassel -Shearer requested Council approval of city council meeting minutes for the August 19, 2024 Study Session to interview candidates for the At -Large Council Seat appointment. 0 b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE August 19, 2024 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approval of City Council meeting minutes for the August 19, 2024, regular City Council meeting. c. ADOPTION OF AN ORDINANCE ADDING CHAPTER 13.56, "ELECTRIC MICROMOBILITY DEVICES," TO TITLE 13 OF THE BURLINGAME MUNICIPAL CODE: CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378, 15061(B)(3) Councilmember Pappajohn discussed the public feedback she received regarding individuals using the Bay Trail to commute to work. She explained that banning micromobility on the Bay Trail might result in more cars on the street. She discussed wanting to keep the rules consistent with neighboring jurisdictions on how the Bay Trail is used. Councilmember Lee concurred with Councilmember Pappajohn. She explained that she didn't know how best to address concerns about the Bay Trail and thought the Council should further discuss the topic. Councilmember Brownrigg noted that the City is working to make Airport Boulevard safer for bikers, but that project is not yet complete. He thought that the Council might want to delay banning micromobility on the Bay Trail until Airport Boulevard is completed. However, he noted that as a pedestrian on the Bay Trail, he does worry about the speed of bikers. Mayor Colson pointed out that manual biking would still be allowed on the Bay Trail. Mayor Colson opened the item up for public comment. Tyler voiced support for banning unclassified micromobility devices. (Comment submitted via publiccomment@burlingame.org) Mike Swire and Allie voiced concern about adopting a blanket ban of micromobility in parks. (Comment submitted via publiccomment@burlingame.org) Mayor Colson closed public comment. Mayor Colson stated that the Police Department has issued over 25 citations in the last month regarding micromobility devices. She added that pursuant to the proposed ordinance, an individual could still walk their micromobility device through the parks. She noted that she had witnessed enough bad behavior in the parks to continue supporting the ban of micromobility riding in the parks. She was open to having further conversations around the Bay Trail. 7 Councilmember Pappajohn discussed whether it might be easier to enforce speed limits versus whether the vehicle is electric assisted. She added that she didn't want to discourage riders on the Bay Trail and didn't want to encourage riders to break the rules on the Bay Trail. Councilmember Lee agreed with the urban parks' enforcement. She worried about the speed of electric micromobility devices. Mayor Colson worried that manual bikes would still be allowed to be ridden at high speeds through parks. Police Chief Matteucci stated that he was unaware of any reported accidents between a cyclist and a pedestrian on the Bay Trail or in any other parks. Councilmember Lee noted that little kids like to ride bikes in the safety of the parks. Vice Mayor Stevenson reiterated the goal of Council is to create a safe environment while using alternative modes of transportation. He worried about the speed of micromobility users, and not just the kids abusing the speed limits. He wondered if the Bay Trail could be carved out of the ordinance. Councilmember Brownrigg thought there was consensus on not allowing e-bikes through the parks, but the troubling part was the broader recreation areas, such as the Bay Trail. He wanted to know if Council could come back and discuss just parks and incorporate a diagram of acceptable and non -acceptable areas. Mayor Colson summarized the discussion: • Biking allowed in parks on non -electronically assisted vehicles • E-bikes would have to be walked through the parks • Bay Trail would be exempt from the ordinance until further research can be done ACA Spansail asked about all micromobility devices being allowed on the Bay Trail, or just the Class I, II, and III e-bikes. Councilmember Brownrigg asked about limiting the ordinance, for now, to just City operated parks. Council agreed. ACA Spansail clarified that the ordinance would come back amended, adding an exemption for the Bay Trail, and language for how every micromobility device user must exercise care. d. ADOPTION OF AN ORDINANCE AMENDING SECTION 2.04.030, "SALARY AND REIMBURSEMENT," OF CHAPTER 2.04 OF TITLE 2 OF THE BURLINGAME MUNICIPAL CODE REGARDING COUNCILMEMBER SALARIES: CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTIONS 15378 AND 15061(B)(3) City Attorney Guina and City Manager Goldman requested Council adopt Ordinance Number 2029. 0 e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH POWERFLEX SYSTEMS INC., DATED OCTOBER 10. 2021, AND AMENDED ON OCTOBER 3. 2022 Sustainability Program Manager Michael requested Council adopt Resolution Number 102-2024 f. ADOPTION OF A RESOLUTION AWARDING A $184,999.24 CONTRACT TO AGURTO CORPORATION DBA PESTEC FOR THE CREEK & SEWER RODENT CONTROL PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DPW Murtuza requested Council adopt Resolution Number 103-2024. g. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME'S RESPONSE LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT ENTITLED "RESTAURANT EXTERIORS: THE NEGLECTED SPACE" DPW Murtuza requested Council adopt Resolution Number 104-2024. h. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF ONE VEHICLE FOR THE CITY'S FLEET SYSTEM AS PART OF THE FY 2024-25 VEHICLE REPLACEMENT PROGRAM IN THE AMOUNT OF $112,880.83 DPW Murtuza requested Council adopt Resolution Number 105-2024. L ADOPTION OF RESOLUTIONS AUTHORIZING CITY STAFF TO SUBMIT GRANT APPLICATIONS FOR THE BURLINGAME STATION BICYCLE FACILITY AND TRANSIT ACCESS PROJECT AND THE BAY TRAIL GAP CLOSURE PROJECT UNDER THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY MEASURE A & W PEDESTRIAN AND BICYCLE IMPROVEMENTS PROGRAMS DPW Murtuza requested Council adopt Resolution Number 106-2024 and Resolution Number 107-2024. j. ADOPTION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH GROUP 4 ARCHITECTURE, FOR A NOT -TO -EXCEED AMOUNT OF $18,489.45, TO PROVIDE PRELIMINARY ARCHITECTURAL SERVICES; AND KEYSER MARSTON ASSOCIATES. INC.. FOR A NOT -TO -EXCEED AMOUNT OF 96.712.65. TO PROVIDE REAL ESTATE ADVISOR SERVICES FOR A NEW CITY HALL City Manager Goldman requested Council adopt Resolution Number 108-2024 and Resolution Number 109- 2024. k. ADOPTION OF A RESOLUTION AUTHORIZING UPDATED JOB CLASSIFICATIONS Human Resources Director Saguisag-Sid requested Council adopt Resolution Number 110-2024. 0 I. UPDATE AND CONFIRMATION OF THE MAYOR'S COUNCIL ASSIGNMENTS FOR 2024 City Clerk Hassel -Shearer requested Council confirm the Mayor's updated Council Assignments for 2024. 10. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 3.05 OF THE BURLINGAME MUNICIPAL CODE TO INCREASE AND CLARIFY THE CLAIMS SETTLEMENT AUTHORITY OF THE CITY ATTORNEY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(B)(3) ACA Spansail explained that pursuant to Chapter 3.05 of the Burlingame Municipal Code (BMC), the City Attorney has the authority to represent and appear for the City in all legal actions and proceedings. He stated that the Council gives the City Attorney authority to enter into settlements of claims or litigation brought against the City up to $15,000 or, with the concurrence of the City Manager, up to $20,000. ACA Spansail explained that the proposed ordinance would raise the City Attorney's settlement authority to $30,000 individually, or $40,000 with the concurrence of the City Manager. He stated that this would clarify the City Attorney's ability to determine the timeliness and sufficiency of claims and would specifically authorize the City Attorney to reject all claims. ACA Spansail stated that the average amount of a claim has risen in the last few years. He noted that a car accident doubled in price over the last few years, with the average price of a car going from $21,000 in 2001 to $48,000 in 2024. He explained that this increase would allow the City Attorney's office to handle common claims in an efficient and timely manner. Vice Mayor Stevenson asked about claims with multiple claimants in a single incident. ACA Spansail replied that it would be the aggregate total amount of the damage in one incident, which could have multiple claimants. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Pappajohn made a motion to bring back the proposed ordinance for a second reading; seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0. b. ADOPTION OF A RESOLUTION APPROVING VACATION OF PUBLIC UTILITY EASEMENTS, WIRE CLEARANCE EASEMENTS, AND AN ANCHOR EASEMENT AT 1499 OLD BAYSHORE HIGHWAY DPW Murtuza explained that within the 1499 Old Bayshore Highway property there are public utility easements, wire clearance easements, and an anchor easement. He stated that the utility easements allow the City and other utility companies the right to maintain, operate, replace, remove, or renew public utility facilities. 10 DPW Murtuza stated that the developer of the property has requested to vacate the easements in preparation for a lot combination to construct an eight -story lab/office building and a seven -story garage with new improvements extending over the easements. He explained that the City is authorized to vacate the easements pursuant to Chapter 3, Section 8300, of the California Streets and Highways Code. DPW Murtuza asked the City Clerk if she received any petitions or written comments objecting to the vacation of easements. City Clerk Hassel -Shearer replied in the negative. Mayor Colson opened the item up for public comment. No one spoke. Councilmember Brownrigg made a motion to approve Resolution Number 111-2024; seconded by Vice Mayor Stevenson. The motion passed unanimously by roll call vote, 5-0. 11. STAFF REPORTS AND COMMUNICATIONS There were no staff reports. 12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 13. FUTURE AGENDA ITEMS Councilmember Brownrigg asked about meters on California Drive. DPW Murtuza replied that this item is going to the Traffic, Safety & Parking Commission. 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 9:01 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 11