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Minutes, closed session, second session

Burlingame City Council
March 6, 2023

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Minutes, closed session, second session
Meeting
March 6, 2023
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Burlingame City Council
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Text extracted from the city's file for reading and search. Open the original on burlingameca.granicus.com. That file is the official record.

1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on March 6, 2023

1. CALL TO ORDER

A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom Webinar at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE TO THE FLAG

The pledge of allegiance was led by San Mateo County Supervisor Dave Pine.

3. ROLL CALL

MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None

4. REPORT OUT FROM CLOSED SESSION

a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY; BURLINGAME, CA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC – DIVCOWEST UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS

Councilmember Beach recused herself from this item due to conflicts of interest.

City Attorney Guina stated that direction was given, but no reportable action was taken.

5. UPCOMING EVENTS

Mayor Brownrigg reviewed upcoming events in the city.

2 6. PRESENTATIONS

a. UPDATE FROM SAN MATEO COUNTY SUPERVISOR PINE

Supervisor Pine stated that over the next year, the County Board of Supervisors (“Board”) will focus on three main priorities: housing, children and families, and emergency services.

1. Housing
Supervisor Pine stated that the Board is trying to reach “functional zero homelessness”. He explained that this means that every unsheltered person who wants a temporary bed will have one made available. He noted that over the last few years, the County acquired five hotels to house the unhoused. He added that this equates to approximately 600 units.

Supervisor Pine discussed the opening of the Navigation Center in Redwood City. He stated that the center is slated to open in March and includes 240 individual units with private showers and bathrooms. He explained that the center will have services for individuals who reside in the facility.

Supervisor Pine stated that the County is also investing in homeless outreach teams who will work with individuals on a one-by-one basis.

Supervisor Pine stated that about $20 million from Measure K funds is being invested in affordable housing and ADUs.

2. Children and Families
Supervisor Pine reviewed some of the County programs including:
• Big Lift – focuses on increasing third grade reading proficiency • Buildup – increase supply of childcare centers in the county • Social safety net services – CalFresh, healthcare, job training, etc.

3. Emergency Services
Supervisor Pine discussed the storms this past winter and the tragic shooting in Half Moon Bay. He explained that these events and others stressed the importance of investing in emergency services.

Supervisor Pine talked about his work on climate change including sea level rise and the San Francisco Bay Restoration Authority.

Vice Mayor Colson asked about the County’s financial health. Supervisor Pine responded that the County is in good shape and has strong reserves.

Councilmember Beach asked about developments in the childcare arena. Supervisor Pine responded that the Childcare Partnership Council will release a needs assessment in the coming weeks.

Mayor Brownrigg opened the item for public comment. No one spoke.

3 Mayor Brownrigg stated that it is terrific to see the County leading on the unhoused issue. He explained that he received a lot of feedback from the community recently about unhoused individuals. He stated that he would be interested in finding out how Burlingame can participate in the homeless outreach teams as it is an issue that affects the City.

7. PUBLIC COMMENTS, NON-AGENDA

There were no public comments.

8. APPROVAL OF CONSENT CALENDAR

Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Councilmember Stevenson pulled item 8i.

Councilmember Ortiz made a motion to adopt the following items from the Consent Calendar: 8a, 8b, 8c, 8d, 8e, 8f, 8g, 8h, 8j, 8k, 8l, and 8m; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0.

a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 21, 2023 CLOSED SESSION

City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the February 21, 2023 Closed Session.

b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE FEBRUARY 21, 2023 REGULAR CITY

COUNCIL MEETING

City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the February 21, 2023 Regular City Council Meeting.

c. ADOPTION OF A RESOLUTION ACCEPTING THE ANSON BURLINGAME PUBLIC ART PROJECT NO. 86090 IN THE AMOUNT OF $210,000

Parks and Recreation Director Glomstad requested Council adopt Resolution Number 015-2023.

d. ADOPTION OF A RESOLUTION ADOPTING THE 2019 SAN FRANCISCO BAY AREA INTEGRATED REGIONAL WATER MANAGEMENT PLAN; CEQA DETERMINATION: EXEMPT FROM CEQA PURSUANT TO PUBLIC RESOURCES CODE SECTION 21065

DPW Murtuza requested Council adopt Resolution Number 016-2023.

e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF BURLINGAME AND GABRIEL’S MEXICAN RESTAURANT

FOR THE USE OF THE MURRAY FIELD CLUB HOUSE

4 Parks and Recreation Director Glomstad requested Council adopt Resolution Number 017-2023.

f. ADOPTION OF A RESOLUTION APPROVING THE LICENSE AGREEMENT WITH SAN MATEO COUNTY

EXPRESS LANES JOINT POWERS AUTHORITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT

DPW Murtuza requested Council adopt Resolution Number 018-2023.

g. ADOPTION OF A RESOLUTION ENDING THE COVID-19 LOCAL EMERGENCY DECLARATION

City Manager Goldman requested Council adopt Resolution Number 019-2023.

h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY LIBRARIAN TO REQUEST DUNCAN TRUST FUNDS, UP TO A MAXIMUM OF $5,000 PER REQUEST

City Librarian McCulley requested Council adopt Resolution Number 020-2023.

i. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A LEASE AGREEMENT WITH FIKA CAFÉ TO PROVIDE FOOD SERVICE AT THE BURLINGAME

MAIN LIBRARY

Councilmember Stevenson discussed the potential of opening up additional concessions at other City venues including the Community Center.

Parks and Recreation Director Glomstad stated the Community Center doesn’t have space for a permanent partner. However, she discussed the potential for a coffee cart as part of a job training program for students.

Vice Mayor Colson discussed how good Fika Café was and encouraged the community to try out their food.

Mayor Brownrigg opened the item up for public comment. No one spoke.

Vice Mayor Colson made a motion to adopt Resolution Number 021-2023; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0.

j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

AN AGREEMENT WITH PACIFIC GAS AND ELECTRIC (PG&E) TO PARTICIPATE IN THE PG&E ELECTRIC

VEHICLE FAST CHARGE PROGRAM

Sustainability Program Manager Michael requested Council adopt Resolution Number 022-2023.

5 k. ADOPTION OF A RESOLUTION OPPOSIING INITIATIVE 21-0042a1, THE TAXPAYER PROTECTION

AND GOVERNMENT ACCOUNTABILITY ACT, AND AUTHORIZING THE MAYOR TO SEND A LETTER OF

OPPOSITION

City Manager Goldman requested Council adopt Resolution Number 023-2023.

l. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND AND EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH TEAMSTERS LOCAL 856 AND APPROVE AN AMENDED

SALARY SCHEDULE FOR MERIT CLASSIFICATIONS

HR Director Saguisag-Sid requested Council adopt Resolution Number 024-2023.

m. AUTHORIZE THE MAYOR TO SIGN A LETTER TO STATE LEGISLATORS IN SUPPORT OF AB 1505 TO FUND THE NEW $250 MILLION SEISMIC RETROFITTING PROGRAM FOR SOFT STORY MULTIFAMILY HOUSING IN THE FY 2023-24 STATE BUDGET

CDD Gardiner requested Council approve authorizing the Mayor to sign a letter to State Legislators in support of AB 1505 to fund the new $250 million seismic retrofitting program for soft story multi-family housing in the FY 2023-24 State budget.

9. PUBLIC HEARINGS

There were no public hearings.

10. STAFF REPORTS AND COMMUNICATIONS

a. HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) AND HOUSING PROGRAM DISCUSSION

CDD Gardiner stated that California requires each jurisdiction to prepare a Housing Element as part of its General Plan in order to ensure that all jurisdictions are planning for the projected housing demand throughout California. Unlike other elements of a General Plan, the Housing Element must be updated by deadlines set by the State.

CDD Gardiner stated that the process begins with the State advising a region of its Regional Housing Needs Allocation (“RHNA”), which is the estimated number of housing units that will be needed over a planned period of time.

CDD Gardiner stated that the format for the annual progress report is a series of Excel files that is auto- populated into the State’s database. He explained that the City is required to report every single building permit issued for every unit. He added that the different phases of the permits are also reported.

CDD Gardiner discussed some of the 2022 highlights in the annual progress report including:
• 779 homes entitled (planning approval)

6 • 351 building permits issued
• 43 below market rate (“BMR”) homes
• 60 accessory dwelling units (“ADU”) applications received and 45 permits issued • 160 homes completed

CDD Gardiner next reviewed a chart that looked at RHNA as measured by building permits issued. He stated the following:
• 351 net new building permits issued in 2022
• 1,573 net new building permits issued between 2015 and 2022 • 863 units in RHNA Cycle 2015 to 2023 (182.3% fulfilled) • 270 below market rate units in RHNA Cycle 2015 to 2022 (representing 17% of the total)

CDD Gardiner discussed what was achieved during the RHNA 5 Cycle (2015 to 2022):

Income Level RHNA Building Permits Issued % of RHNA Goal Very Low
(below 50% AMI)
276 82 29.7%
Low
(50% to 80% AMI)
144 116 80.6%

Moderate
(80% to 120% AMI)
155 72 46.5%
Above Moderate
(above 120% AMI)
288 1,303 452.4%
TOTALS 863 1,573 182.3%

CDD Gardiner stated that the San Mateo County Area Median Income for 2022 was the following:
• $116,200 for a single-person household
• $132,800 for a two-person household
• $149,400 for a three-person household
• $166,000 for a four-person household

CDD Gardiner stated that more work needed to be done in the very low-income category. He reviewed the income levels that qualified as Very Low-Income Households (“VLI”) in 2022:
• Less than $65,250 for a single-person household
• Less than 74,600 for a two-person household
• Less than 83,900 for a three-person household
• Less than $93,200 for a four-person household

CDD Gardiner discussed the extremely low-income subset of VLI. He noted that these are individuals that make less than 30% of AMI. He explained that this broke down to:
• Less than $39,150 for a single-person household (which is 38.9% of the City’s workforce) • Less than $44,750 for a two-person household
• Less than $50,350 for a three-person household

7 • Less than $55,900 for a four-person household

CDD Gardiner stated that staff has put together a major projects’ webpage:
www.burlingame.org/majorprojects. He explained that this page includes approved projects, projects under review, completed, etc.

Mayor Brownrigg stated that he would like information on the number of below market rate units that have more than one bedroom. He explained that he wanted to see how these units were assisting families.

Vice Mayor Colson stated that one of the flaws of RHNA is that the City gets credit per unit regardless of whether it is a three-bedroom BMR unit or a studio BMR unit. She explained that she thought the City should advocate for RHNA reflecting the number of individuals housed versus the number of units offered.

Councilmember Beach stated that she thought completed projects should be moved to a new report. CDD Gardiner replied in the affirmative.

CDD Gardiner discussed the “Pro-Housing Burlingame” webpage that discusses the housing being created in the city. He stated that the public could review this information at www.burlingame.org/prohousing .

CDD Gardiner discussed a chart displaying residential development in the City as of March 2023:

March 2023 Total Units Affordable Units
Under Construction 853 228
Approved 1,366 160
Under Review 458 181
TOTALS 2,677 569 (21%)

Vice Mayor Colson asked about the next steps. CDD Gardiner replied that this annual progress report is due April 1. He stated that it will go into the State’s database, and the public can compare it to other cities.

He explained that the Housing Element was submitted in February, and the State has 90 days to review it.

He added that most housing elements are taking the full 90 days. He stated that the City should hear back from the State in May about Burlingame’s Housing Element.

Mayor Brownrigg opened the item up for public comment. No one spoke.

Councilmember Beach thanked staff for the pro-housing website. She stated that it was clear, concise, and digestible.

Councilmember Beach made a motion to accept the 2022 Housing Element Annual Progress Report and authorize its transmittal to the California Governor’s Office of Planning and Research (“OPR”) and the California Department of Housing and Community Development (“HCD”); seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0.

8 b. DISCUSSION OF PROVIDING TABLETS OR LAPTOPS TO CITY COUNCILMEMBERS TO FACILITATE

OFFICIAL CITY BUSINESS

City Manager Goldman stated that the City provides laptop or desktop computers and/or tablets to City employees to enable them to efficiently perform their job duties. She added that to date, during her tenure, Councilmembers have used their own laptop or desktop computers and/or tablets to access their City email and City Council packets.

City Manager Goldman stated that in February, the City upgraded to Microsoft 365, which entailed, in part, migrating from an on-premises email exchange server to the Microsoft 365 cloud. She added that as part of this migration, new security features were activated to protect the City’s information technology systems. However, she explained that a consequence of this migration was the inability of Councilmember Stevenson to access City emails from his laptop or his mobile phone, both of which are owned by his employer and have their own security features. She noted that to ensure that he would not miss out on important City emails and other City business, Councilmember Stevenson purchased a personal tablet using his own funds.

City Manager Goldman stated that at the February 21 Council meeting, Councilmember Stevenson raised the question during the future agenda item section of the meeting as to whether or not the City should provide tablets or other equipment to Councilmembers so that they can read and respond to emails and conduct other City business. She noted that the City does not currently have a policy on this question as it had not arisen under the old email system.

City Manager Goldman stated that staff is asking for Council direction as to whether the City should:
• Purchase tablets or other hardware for Councilmembers • Have the City provide the equipment
• Or continue the prior practice of relying upon Councilmembers to provide their own equipment.

City Manager Goldman stated that in determining a policy, the City Council should consider several issues:
• Cost
• Tax consequences
• Public Records Act implications

Councilmember Ortiz asked if he was correct that under the Public Records Act, a Councilmember could be asked to turn over their personal laptop to be inspected to ensure that there aren’t any public records in their personal email. City Attorney Guina replied in the affirmative. He stated that inspection of a Councilmember’s personal laptop would occur if there was a lawsuit, and the judge ordered an inspection.

He added that the Councilmember’s personal business would not be released, but it would be reviewed by the court.

Councilmember Beach stated that it makes good sense to have separate gear for the work the Council does. She noted that she didn’t think the same applied to City committees and commissions. She added

9 that there might be a time when an individual is elected to Council and can’t afford their own laptop.

Therefore, she thought it made good policy sense to provide a budget for Council to purchase technology.

Councilmember Ortiz stated that while he agreed with Councilmember Beach, it was convenient to have everything on one device.

Vice Mayor Colson asked if she was correct that a judge could compel a Councilmember to hand over both their personal and City device. City Attorney Guina replied in the affirmative.

Councilmember Beach asked if a new Councilmember keeps everything separate, could they still be compelled to turn over their personal device. City Attorney Guina replied in the affirmative.

Councilmember Stevenson stated that he asked for this item to be agendized not because of the cost of purchasing equipment but rather from a security standpoint.

Mayor Brownrigg stated that he concurred with Councilmember Beach. He stated that each Councilmember should be given a $1,000 budget, for a one-time purchase, that doesn’t include phones.

Councilmember Ortiz supported Mayor Brownrigg’s suggestion.

Vice Mayor Colson stated that she thought the equity issue was the most important piece. She asked if Councilmembers could purchase a device and leave it in the City Clerk’s Office to be charged and available.

Vice Mayor Colson discussed various issues with who owns the device including wiping it clean after it is returned if the City owns, who handles technical support, etc.

Mayor Brownrigg stated that the $1,000 budget should be for once a term.

Councilmember Ortiz suggested that the individual Councilmember should own the device.

Vice Mayor Colson stated that if the City owns the device, the Councilmember could purchase it at the end of the four-year term for the depreciated value.

City Manager Goldman stated that what she thought she was hearing from Council was the following:
• $1,000 technology budget not to include phones for each Councilmember per term • City will own the device
• Councilmembers have the option to buy the device at the end of the term for its depreciated value

Council concurred with City Manager Goldman’s assessment.

Mayor Brownrigg opened the item up for public comment. No one spoke.

10 Vice Mayor Colson stated that if there was a commissioner who didn’t have the financial resources to purchase a device, she would like there to be a policy where they could confidentially go to the City Manager and ask for assistance.

The Council concurred with the Vice Mayor’s suggestion.

11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS

Council reviewed their committee appointments.

12. FUTURE AGENDA ITEMS

There were no future agenda items.

13. 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
.

14. ADJOURNMENT

Mayor Brownrigg adjourned the meeting 8:17 p.m.

Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk

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