BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting
on August 19, 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 7:23 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Councilmember Lee.
3 . ROLL CALL
MEMBERS PRESENT: B rownrigg, Colson, Lee, Pappajohn, Stevenson MEMBERS ABSENT: None
4 . REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
5. REPORT OUT FROM CLOSED SESSION
There was no closed session.
6. UPCOMING EVENTS
Mayor Colson reviewed upcoming events in the city
7. PRESENTATIONS
There were no presentations
8. PUBLIC COMMENTS
Mark Hudak asked the Council to address the concern that the parking spaces on California Drive in the area of the new bicycle facility are all-day parking instead of two-hour spots.
Bob Cohen, Steven Rueda, Patty Willett, Chris, Stephanie Schutz, and Terry Bottari read a resolution from United Sovereign Americans.
Tom Nussbaum voiced concern about the Peninsula Hospital.
Tony Paul asked Council to look into extending the free shuttle from the Millbrae BART/Caltrain station into downtown Burlingame.
Maryanne asked the Council to remove the parklets on Burlingame Avenue due to lack of parking. (Comment submitted via [email protected] ).
Janet McDonald asked the Council for assistance in cleaning up a dumping site for mattresses and more at the corner of Larkspur Drive and Rollins Road. (Comment submitted via [email protected]
).
9. APPROVAL OF CONSENT CALENDAR
Mayor Colson asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Mayor Colson removed 9a and 9b. Councilmember Lee removed 9c, and Councilmember Brownrigg removed 9m.
Vice Mayor Stevenson made a motion to adopt 9d, 9e, 9f, 9g, 9h, 9i, 9j, 9k, 9l, 9n, 9o, and 9p; seconded by Councilmember Brownrigg.
Councilmember Brownrigg thanked staff for getting a grant to assist the City with vision zero.
He also discussed the funds that the City is spending to take care of trees.
The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JULY 1, 2024 REGULAR CITY
COUNCIL MEETING
Mayor Colson opened the item up for public comment. No one spoke.
Mayor Colson made a motion to approve the City Council Meeting Minutes for the July 1, 2024 Regular City Council Meeting; seconded by Councilmember Brownrigg. The motion passed by roll call vote, 4-0-1 (Councilmember Lee abstained as she was not yet a Councilmember during the July 1 Meeting).
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JULY 1, 2024 CITY COUNCIL
STUDY SESSION
Mayor Colson opened the item up for public comment. No one spoke.
Mayor Colson made a motion to approve the City Council Meeting Minutes for the July 1, 2024 Study Session; seconded by Councilmember Brownrigg. The motion passed by roll call vote, 4- 0-1 (Councilmember Lee abstained as she was not yet a Councilmember during the July 1 Meeting).
c. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH DEBORAH YACOBELLIS FOR PROJECT MANAGEMENT SERVICES FOR THE CITY’S COMMUNITY DEVELOPMENT
SYSTEM OVER A THREE-YEAR PERIOD WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR TERMS, FOR A TOTAL NOT-TO EXCEED AMOUNT OF $150,000
Councilmember Lee asked about the length of the agreement. Chief Building Official Caro replied that while the City has been utilizing the new Community Development software system since 2022, staff decided to enhance the system by integrating it with additional City software.
He noted that Deborah Yacobellis was brought on to help with the integration and assist with drafting procedures for staff.
Councilmember Brownrigg asked if the $150,000 maximum is for a period of five years. Chief Building Official Caro replied in the affirmative.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Lee made a motion to adopt Resolution Number 091-2024; seconded by Vice Mayor Stevenson. The motion passed unanimously by roll call vote, 5-0.
d. ADOPTION OF A RESOLUTION APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT IN THE AMOUNT OF $203,543.68, CITY PROJECT #86490
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 092-2024.
e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2 WITH WEST COAST ARBORISTS, INC., TO INCREASE THE CONTRACT AMOUNT BY $800,000, FOR A NEW NOT-TO-EXCEED AMOUNT OF $2,876,335
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 093-2024.
f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $145,000 AGREEMENT WITH MARIO’S TREE SERVICE, INC. FOR THE 2024 LARGE TREE PRUNING AND REMOVAL; TRANSFER $145,000 FROM THE GENERAL FUND
UNASSIGNED FUND BALANCE TO THE PARKS DIVISION CONTRACTUAL SERVICES OPERATING BUDGET; AND INCREASE THE BUDGET APPROPRIATION BY $145,000
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 094-2024.
g. ADOPTION OF A RESOLUTION AUTHORIZING REVISION TO THE CITY OF BURLINGAME
SALARY SCHEDULE FOR CASUAL EMPLOYEES
HR Director Saguisag-Sid requested Council adopt Resolution Number 095-2024.
h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $250,449.77 CONSTRUCTION CONTRACT WITH T&S INTERMODAL MAINTENANCE, INC.
DBA T&S WEST FOR THE FIRE STATION 34 MISCELLANEOUS IMPROVEMENTS, CITY PROJECT NO. 86910
DPW Murtuza requested Council adopt Resolution Number 096-2024.
i. ADOPTION OF A RESOLUTION ACCEPTING A UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FY 2023 SS4A (SAFE STREETS AND ROADS FOR ALL) GRANT IN THE AMOUNT OF $480,000 FOR THE CITY OF BURLINGAME COMPREHENSIVE
SAFETY ACTION PLAN PROJECT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE GRANT AGREEMENT WITH THE USDOT
DPW Murtuza requested Council adopt Resolution Number 097-2024.
j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE
FERGUSON GROUP TO EXTEND THE TERM AND INCREASE THE NOT-TO-EXCEED AMOUNT BY $360,000 FOR A NEW NOT-TO-EXCEED AMOUNT OF $720,000
City Manager Goldman requested Council adopt Resolution Number 098-2024.
k. ADOPTION OF RESOLUTIONS AWARDING A $2,817,600 CONSTRUCTION CONTRACT TO CRATUS, INC. FOR THE ROLLINS ROAD FORCE MAIN IMPROVEMENTS, CITY PROJECT NO. 85870, AND APPROVING A $279,400 PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO
THE PROJECT
DPW Murtuza requested Council adopt Resolution Number 099-2024 and Resolution Number 100-2024.
l. APPROVAL OF OUT-OF-STATE TRAVEL FOR CITY STAFF TO ATTEND AN UNDERGOUND
UTILITIES LOCATING TRAINING COURSE AT STAKING UNIVERSITY IN MANTENO,
ILLINOIS
DPW Murtuza requested Council approve of out-of-state travel for City staff to attend an Underground Utilities Locating Training Course at Staking University in Manteno, Illinois.
m. APPROVAL OF THE PROCESS TO APPOINT ARTS LIAISONS
Councilmember Brownrigg asked what City commission the arts liaisons would be working with.
City Manager Goldman replied that it would depend on what commission has jurisdiction over the art’s proposed location.
Councilmember Brownrigg stated that he was concerned that by having the arts liaisons report to multiple commissions, it would impede the process. He noted that he thought it would be better to have a standalone art commission.
Councilmember Brownrigg asked if staff envisioned both liaisons opining on a given piece of art.
City Librarian McCulley replied in the affirmative.
Parks and Recreation Director Glomstad stated that staff planned on testing this process out with the upgrades to the Laguna Playground. She noted that staff carved out space at the newly designed playground for public art.
Mayor Colson stated that if the City determines, down the road, that it is appropriate to have an arts commission, it doesn’t have to look like the other commissions but could instead meet in a similar fashion to the Measure I Oversight Committee.
Mayor Colson opened the item up for public comment.
Jennifer Pfaff stated that the Planning Commission occasionally has large projects that include an art portion. She noted that the arts liaisons would be helpful when these projects come before the Planning Commission.
Mayor Colson closed public comment.
Councilmember Brownrigg made a motion to approve the process to appoint arts liaisons; seconded by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0.
n. OPEN NOMINATION PERIOD TO FILL THREE VACANCIES ON THE BEAUTIFICATION
COMMISSION
City Manager Goldman requested Council open the nomination period to fill the three vacancies on the Beautification Commission.
o. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE PARKS AND
RECREATION COMMISSION
City Manager Goldman requested Council open the nomination period to fill two vacancies on the Parks and Recreation Commission.
p. ANNUAL RENEWAL OF THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT (DBID); RESOLUTION APPROVING THE 2023-24 ANNUAL REPORT; DECLARING THE CITY’S INTENTION TO ESTABLISH AND LEVY ASSESSMENTS FOR FISCAL YEAR 2024- 25; AND SETTING REQUIRED PUBLIC HEARING FOR SEPTEMBER 16, 2024 AT 7:00 P.M.
AT THE CITY COUNCIL CHAMBERS
Finance Director Yu-Scott requested Council adopt Resolution Number 101-2024.
10. PUBLIC HEARINGS
a. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 13.56, “ELECTRIC MICROMOBILITY DEVICES,” TO TITLE 13 OF THE BURLINGAME MUNICIPAL CODE; CEQA DETERMINATION; EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(b)(3)
City Attorney Guina explained that the proposed ordinance prohibits the use of electric micromobility devices in City parks and recreation areas.
City Attorney Guina stated that on July 1, 2024, the Council held a study session on electric micromobility devices. He explained that micromobility devices are defined by the Federal Highway Administration as “[a]ny small, low-speed, human or electric-powered transportation device, including bicycles, scooters, electric-assist bicycles (e-bikes), electric scooters (e- scooters) and other small, lightweight, wheeled conveyances.” He noted that these devices can be powered manually, by electric motor, or a combination of both. He added that some micromobility devices (electric and human-powered) are currently regulated by the State Vehicle Code.
City Attorney Guina stated that at the end of the July 1 study session, Council directed staff to prepare an ordinance that would prohibit the use of electric micromobility devices in City parks.
He added that the proposed ordinance also prohibits the use of these devices on the sidewalks of any business district.
City Attorney Guina reviewed two exceptions to the prohibition of electric micromobility devices in parks and on the sidewalks of business districts:
• Public agency personnel who are performing their official duties using electric micromobility devices
• Persons with disabilities who are using electric micromobility devices in accordance with the Americans with Disabilities Act
Councilmember Pappajohn asked about the inclusion of open spaces in the areas in which electric micromobility devices would be banned. City Attorney Guina replied that the Municipal
Code’s definition of parks or recreation areas includes open spaces. He explained that in order to be consistent, staff utilized that definition for purposes of this ordinance.
Parks and Recreation Director Glomstad gave examples of open spaces in Burlingame including Mills Canyon, Skyline Park, and the Bay Trail.
Councilmember Pappajohn asked if the Bay Trail is used for commuting. Parks and Recreation Director Glomstad replied that it is used for both recreation and commuting.
Vice Mayor Stevenson asked if he was correct that the Bay Trail is paved. Parks and Recreation Director Glomstad replied in the affirmative.
Police Chief Matteucci stated that officers have discretion in enforcement. He explained that he directs officers to give warnings for the first month after a new ordinance passes in order to better educate the public.
Mayor Colson opened the public hearing.
Tony Paul discussed undertaking a study prior to prohibiting electric micromobility devices from the parks.
Jennifer Pfaff thanked Council and staff for drafting the proposed ordinance. She added that she would like to see temporary signs put in the park regarding the prohibition.
Elora discussed how younger generations use electric micromobility devices, and it’s a great way for them to get outside.
Mayor Colson closed the public hearing.
Vice Mayor Stevenson stated that he would like to see further measures taken to ensure public safety in regard to electronic micromobility devices. He added that he would like to see a follow up from staff on how this proposed ordinance increases safety.
Mayor Colson stated that she thought this was a good first step. She added that it would give the City an opportunity to conduct outreach and determine how best to move forward.
Councilmember Brownrigg stated that the City is already enforcing existing transgressions of the City’s municipal code regarding micromobility.
Councilmember Brownrigg made a motion to bring back the proposed ordinance for second reading and adoption; seconded by Councilmember Pappajohn. The motion passed unanimously by roll call vote, 5-0.
b. INTRODUCTION 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; CEQA DETERMINATION; EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3)
City Attorney Guina stated that at the July 1, 2024 meeting, Council discussed Councilmember compensation. He explained that Council asked staff to prepare an ordinance amending the Municipal Code to raise Councilmember salaries as provided by SB 329. He noted that the proposed ordinance increases Councilmember salaries to $950 per month beginning January 1, 2025. In addition, future increases would match the increases provided to the AFSCME bargaining units, not to exceed 5% each calendar year, pursuant to SB 329.
City Attorney Guina explained that SB 329 took effect on January 1, 2024. The bill amends Government Code Section 36516, allowing cities a one-time opportunity to “reset” City Council salaries to take into account inflation, the work done by local government officials, and the need to ensure that people are not discouraged from seeking city office due to the low pay and high demand of that office. He added that the salary increase, or “reset,” is based on a city’s population size.
City Attorney Guina stated that while Councilmembers are entitled to the increased salary, they may also choose to decline the increase.
Councilmember Lee noted that the language in the last “whereas” of the proposed ordinance is in conflict with Section 2.04.030 (a). City Attorney Guina replied in the affirmative. He stated that 2.04.030 should read “not to exceed the lesser of” instead of “not to exceed the greater of”.
Mayor Colson opened the public hearing. No one spoke.
Councilmember Lee voiced concern about the perception of tying the Council’s increases to the bargaining units.
Mayor Colson stated that capping the Council’s increase at 5% would eliminate that perception.
Councilmember Lee discussed the important role that inflation plays in determining pay increases.
Councilmember Brownrigg stated that he thought it would be uncomfortable to ask staff to make a sacrifice that the Council isn’t willing to make.
Mayor Colson stated that the small increase could help provide childcare for individuals interested in running for Council.
Councilmember Lee made a motion to bring back the proposed ordinance with the edit of “not to exceed the lesser of” for second reading and adoption; seconded by Vice Mayor Stevenson.
The motion passed unanimously by roll call vote, 5-0.
11. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF PENINSULA CLEAN ENERGY MEMBER AGENCY GRANT AND
PRIORITIZATION OF EXPENDITURES
Sustainability Program Manager Michael stated that Peninsula Clean Energy (“PCE”) had a surplus of funds this year that they allocated to cities as a one-time allocation. She explained that Burlingame was allocated $540,317 from PCE. She stated that the funds must be used to reduce GHG emissions and must be spent within two years of allocation.
Ms. Michael explained that some of the funds were already spent on:
• Electric landscape equipment for the Parks Division - $170,000 • Electric leaf blower rebate program for residents and commercial landscapers - $40,000
She stated that this leaves the City with $320,000 for additional projects.
Ms. Michael reviewed potential projects that the City could utilize the funds for:
• EV Infrastructure for Fleet - $175,000
o First phase of strategic plan
o Installation of eight charging ports
• All-Electric City Buildings - $140,000
o Heat pump/AC electric fireplace at Easton Library
o Heat pump/AC at Village Preschool
• EV Charging Stations at Parks - $100,000
o EV station at Lot X and Bayside Park
• Induction Cooktops for Schools - $10,000
• Mini Grants for Green Businesses - $10,000
She noted that the total of these projects is $115,000 over budget. Therefore, she asked for Council direction on how the PCE funds should be utilized.
Mayor Colson stated that she believed that PCE also had a program to assist the City in making its buildings all-electric.
Councilmember Pappajohn voiced her excitement over the City receiving these funds for green projects from PCE. She asked how many hours the Easton Library and Village Park Preschool are open. City Manager Goldman stated that Easton Library is open six hours a day, Monday through Thursday, and then three hours a day on Fridays and Saturdays.
Vice Mayor Stevenson stated that he would put priority on the EV infrastructure for the City fleet. He noted that he didn’t think the City should put funds toward EV charging stations as he believed the City could work with vendors who are interested in supplying stations. He added that he liked the idea of grants for green businesses.
Councilmember Brownrigg stated that he would remove EV charging stations at parks from the list of projects. He explained that he would lean in to heat pumps and thought the City’s installation would set a good precedent for residents.
Councilmember Lee asked if there were any issues with the substations being able to support electrification of buildings. Ms. Michael stated that she was unsure about substations but that she was told that Easton Library capacity might not be able to handle the upgrades that were proposed.
Ms. Michael explained that one of the projects that the City is considering is reviewing all the City owned parking lots and parks to better prioritize where EV charging stations should be installed.
Councilmember Lee asked if the City had any statistics on how the City’s EV charging stations are used. Ms. Michael replied in the affirmative. She added that while they are not at full capacity, usage has been growing over the years.
Councilmember Pappajohn stated that she was in favor of the heat pumps in the Easton Library and Village Park Preschool. She added that she was also in favor of the mini grants for businesses as it would allow for collaboration and new innovative projects.
Mayor Colson stated that she would combine the induction cooktop funding and mini grants into one pot. She added that she was also in favor of the EV infrastructure for the City fleet.
Mayor Colson suggested creating a grant for students to buy level one e-bikes. She added that this could be a combined effort with the police department to educate students on bike safety.
She explained that this would help get cars off the road and help solve an inequity problem with lower-income students.
Mayor Colson explained that the e-bike grant program was PCE’s most popular program.
Mayor Colson opened the item up for public comment.
Desiree Thayer stated that she was in favor of the cooktops and mini grants to green businesses. She added that she would also prioritize the all-electric City buildings and EV infrastructure for the City’s fleet.
Doug Bojack urged the Council to invest in electrifying City buildings. He also suggested purchasing e-bikes for municipal employees to utilize for work. (Comment submitted via [email protected])
Mayor Colson closed public comment.
Mayor Colson asked staff to look into whether staff could utilize e-bikes for work. She also thought the City should focus on heat pumps for one of the City’s buildings. She suggested focusing first on Village Park Preschool.
b. CERTIFICATE OF FACTS REGARDING BURLINGAME CITY COUNCIL DISTRICT SEAT 1; AND
CONSIDERATION OF A RESOLUTION APPOINTING ANDREA PAPPAJOHN TO THE BURLINGAME CITY COUNCIL DISTRICT 1 SEAT IN-LIEU OF AN ELECTION ON NOVEMBER 5, 2024
Councilmember Pappajohn recused herself from this item due to the fact that it concerned her District 1 Council seat.
City Clerk Hassel-Shearer stated that at the close of candidate filing, only Councilmember Pappajohn had pulled papers to run for the District 1 Council Seat. She explained that after the close of filing, she received a phone call from the County Elections Office asking if the City was going to hold an election for the District 1 seat or appoint Councilmember Pappajohn in-lieu of an election.
City Clerk Hassel-Shearer explained that pursuant to California Elections Code 10229, the City Council could either:
• Appoint the individual in-lieu of an election
• Hold the election
She noted that in accordance with the law, she published a notice in the San Mateo Daily Journal outlining the decision that the City Council needed to make.
City Clerk Hassel-Shearer explained that if the City Council didn’t adopt the resolution appointing Councilmember Pappajohn in-lieu of an election, then she would accept statements of write-in candidates, and the District 1 seat would be on the ballot. If the City Council did accept the resolution, then she wouldn’t accept statements of write-in candidates, and the District 1 seat wouldn’t be on the ballot.
City Clerk Hassel-Shearer noted that school and special districts routinely appoint individuals in- lieu of an election. She explained that the cost savings for the City would be approximately $10,000 to $15,000 if the Council appointed Councilmember Pappajohn in-lieu of an election.
Councilmember Lee asked if the Council could have decided at the March 4 meeting that the appointed Councilmember would fill the remainder of the term. City Clerk Hassel-Shearer replied in the negative.
Councilmember Lee asked if Council was now being given this choice because it was only for a partial term. City Clerk Hassel-Shearer replied in the negative and explained that this is for all elected seats.
Vice Mayor Stevenson asked about the cost savings. City Clerk Hassel-Shearer explained that the cost savings come from decreasing the amount of ballot and voter pamphlet designs, translation costs, and the City’s share of postage and printing for voters in District 1.
Mayor Colson opened the item up for public comment.
Desiree Thayer stated that with the new-ness of district elections, she thought it was important for this seat to remain on the ballot.
Mayor Colson closed public comment.
Councilmember Brownrigg stated that the appointment that the City Council made for the District 1 seat vacated by Councilmember Ortiz was competitive. He added that he didn’t believe there would be a write-in candidate and therefore supported appointing Councilmember Pappajohn in-lieu of an election.
Mayor Colson stated that she was hearing from a lot of members of the public about their frustration with district elections. Therefore, she thought the City would be remiss to remove the District 1 Council seat from the ballot. She explained that it would lead to confusion to not have the District 1 Council seat on the ballot.
Vice Mayor Stevenson asked about the due date for write-in candidates. City Clerk Hassel- Shearer replied that it is October 22, 2024.
Vice Mayor Stevenson stated that he thought it was a benefit to the voters to hear from the candidates. He explained that because the candidate is on the ballot, they will participate in election events in order to allow the public to get to know them more.
Councilmember Lee stated that she looked up successful write-in campaigns. She explained that she thought it was important for this item to go to ballot.
Councilmember Brownrigg stated that he was swayed by his colleagues’ arguments in favor of keeping the District 1 Council Seat on the ballot.
The Council determined that the District 1 Council Seat will be on the ballot.
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments
13. FUTURE AGENDA ITEMS
Mayor Colson asked Council to agendize a discussion of parking time limits on California Drive.
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 10:02 p.m. in celebration of Patrick Kinsella’s 99 th
birthday.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk