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HomeMy WebLinkAboutMin - CC - 2021.06.21CITY O BURLINGAME coo � 90 $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on June 21, 2021 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by Councilmember Brownrigg. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor O'Brien Keighran reviewed upcoming events in the City. 6. PRESENTATIONS a. PROCLAMATION HONORING JUNE AS IMMIGRANT HERITAGE MONTH Mayor O'Brien Keighran read the proclamation honoring June as Immigrant Heritage Month. Mayor O'Brien Keighran opened the item up for public comment. Ray Larios thanked the City for declaring June 2021 Immigrant Heritage Month. Mayor O'Brien Keighran closed public comment. 7. PUBLIC COMMENTS, NON -AGENDA 1 Burlingame City Council June 21, 2021 Approved Minutes Sandra Lang asked the Council to designate a cooling center to assist the public for future heat waves. 8. APPROVAL OF CONSENT CALENDAR Mayor O'Brien Keighran asked if anyone on Council or members of the public would like to remove an item from the Consent Calendar. Councilmember Brownrigg asked about the meeting minutes for the previous meeting. City Clerk Hassel - Shearer replied that they would be on the next agenda for the Council to review. Councilmember Brownrigg made a motion to adopt the Consent Calendar; seconded by Vice Mayor Ortiz. The motion passed unanimously by roll call vote, 5-0. a. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE PENINSULA CONFLICT RESOLUTION CENTER FOR DISPUTE RESOLUTION SERVICES IN THE AMOUNT OF $20,456.10 City Manager Goldman requested Council adopt Resolution Number 073-2021. b. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A $32,657 AGREEMENT WITH THE BURLINGAME CHAMBER OF COMMERCE TO PROVIDE INFORMATION AND PROMOTION SERVICES IN FISCAL YEAR 2021-2022 City Manager Goldman requested Council adopt Resolution Number 074-2021. c. ADOPTION OF A RESOLUTION APPROVING A PROFESSION SERVICES AGREEMENT WITH SCS ENGINEERS AND REGULATORY COMPLIANCE SERVICES RELATED TO THE CLOSED BURLINGAME LANDFILL IN THE AMOUNT OF $118,500 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT DPW Murtuza requested Council adopt Resolution Number 075-2021. d. ADOPTION OF A RESOLUTION REJECTING ALL BIDS RECEIVED FOR THE BROADWAY PEDESTRIAN STREET LIGHTING IMPROVEMENTS PROJECT AND AUTHORIZING STAFF TO RE -ADVERTISE THE PROJECT DPW Murtuza requested Council adopt Resolution Number 076-2021. e. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE AND FINAL PARCEL MAP (PM 21-01), LOT MERGER AND SUBDIVISION OF LOTS 16 AND 17 AND A PORTION OF LOT 18, BLOCK 34, MAP OF EASTON ADDITION NO.2 SUBDIVISION AT 1110 BERNAL AVENUE 2 Burlingame City Council June 21, 2021 Approved Minutes DPW Murtuza requested Council adopt Resolution Number 077-2021. f. ADOPTION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CAINE COMPUTER CONSULTING, LLC, TO PROVIDE INFORMATION TECHNOLOGY SERVICES TO THE POLICE DEPARTMENT Chief of Police Matteucci requested Council adopt Resolution Number 078-2021. g. 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 FOR FISCAL YEAR 2021-22 AND FISCAL YEAR 2022-2023 Chief of Police Matteucci requested Council adopt Resolution Number 079-2021. h. APPROVAL OF LIBRARY OUT OF STATE TRAVEL City Librarian McCulley requested Council approve of out of state travel for a librarian. 9. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME REPEALING AND REPLACING THE CITY OF BURLINGAME MUNICIPAL CODE CHAPTER 25.77 (WIRELESS COMMUNICATIONS FACILITIES) AND ADDING A NEW CHAPTER 12.11 (WIRELESS FACILITIES IN PUBLIC RIGHTS -OF -WAY) TO TITLE 12; RESOLUTION ESTABLISHING DESIGN AND LOCATION STANDARDS FOR WIRELESS FACILITIES IN PUBLIC RIGHTS -OF -WAY AND UTILITY EASEMENTS, AND ON PUBLIC AND PRIVATE LAND AND ESTABLISHING STANDARD PERMIT CONDITIONS; RESOLUTION APPROVING THE FORM OF A MUNICIPAL FACILITY LICENSE AGREEMENT FOR SMALL CELL WIRELESS FACILITIES INSTAILATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND AMEND THE AGREEMENT; RESOLUTION ESTABLISHING A DEPOSIT FOR WIRELESS PERMIT APPLICATIONS UNDER CHAPTER 12.11 AND ESTABLISHING A FEE FOR WIRLESS PERMIT APPEALS UNDER CHAPTER 12.11, AND AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE MASTER FEE SCHEDULE (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378,15061(B)(3),15302,15303, AND 15304) Assistant City Attorney ("ACA") Spansail reviewed the Council procedures for this item. He explained that Council is being asked to consider action on the proposed ordinance. He stated that if Council adopts the first reading, the proposed ordinance will be brought back for a second reading at the July 6, 2021 Council meeting. He noted that the resolutions and Municipal Facility License Agreement ("MFLA") attached to the Burlingame City Council June 21, 2021 Approved Minutes staff report are related to implementation of the ordinance, but staff recommends that they be adopted along with the second reading of the ordinance at the July 6 Council meeting. ACA Spansail stated that staff welcomes feedback from the Council on the proposed resolutions and MFLA at this meeting, in order to incorporate any necessary changes prior to the second reading of the ordinance. He added that staff received comments from the carriers on the proposed ordinance, but they were received only days prior to the hearing. Therefore, staff may make minor changes to the resolutions and MFLA based on those comments and any additional public comment received prior to the second reading if they are not inconsistent with the Council's direction. ACA Spansail stated that the proposed ordinance is borne out of the many updates to telecommunication law over the past decade. He explained that on February 6, 2012, the Council adopted Ordinance Number 1870, the City's Wireless Communications Ordinance. Ordinance 1870 was designed to "establish policy, standards and procedures related to the siting of wireless communications facilities in a fair, equitable, and rational manner". ACA Spansail reviewed federal law: 47 U.S.C. 332(c)(7): • Requires action on applications to be within a reasonable period of time • Provides that local regulations and placement decisions may not prohibit or effectively prohibit provision of personal wireless services • Requires that denials must be in writing and supported by substantial evidence • Prohibits any consideration of radio frequency ("RF") emissions in siting decisions if applicant meets Federal Communications Commission ("FCC") standards; • Does not allow unreasonable discrimination among providers of functionally equivalent services; and • Provides for expedited appeals to court ACA Spansail discussed updates that have been made following the adoption of 47 U.S.C. 32(c)(7): 1. Ban on Moratoria In 2018, the FCC adopted what has been referred to as the Moratoria Order, which means a City can't put a hold on accepting or processing applications to study and address potential issues 2. Shot Clocks Shot clocks are legal time limits on wireless facility applications which, if not met, will result in an application being "deemed approved" or considered an "effective prohibition." ACA Spansail explained that since 2009, the FCC has adopted a total of five shot clocks or timelines within which to act on applications for wireless facilities. The most recent shot clocks have focused on small wireless facilities and modifications to existing wireless facilities. 4 Burlingame City Council June 21, 2021 Approved Minutes Category Applicable Shot Clock Eligible Facilities Requests — must involve 60 days modifications to existing wireless facility (tower or base station) and meet size and other requirements to qualify as an EFR Small Cells (Small Wireless Facility) — must be Placement on existing structure (need not be personal wireless services facility that meets size existing wireless facility) — 60 days and other requirements to qualify as an SWF New — 90 days Collocations — must approve placement of personal 90 days wireless services facility (that does not qualify as an EFR or SWF) on existing structure that need not have wireless facility already on it Other — personal wireless services facility that does 150 days not fall in any other category ACA Spansail explained that under the shot clocks, cities have an increasingly short amount of time to act on applications. Therefore, the ability of cities to regulate wireless facilities depends on processing the applications in a timely manner. 3. Limits on Design Standards ACA Spansail stated that recent law allows cities to have aesthetic regulations for small wireless facilities if they are (1) reasonable (technically feasible); and (2) published in advance. ACA Spansail stated that staff is proposing the following: • Ordinance amending Chapter 25.77 and adding Chapter 12.11 • Resolution establishing design and location standards for wireless facilities • Resolution approving the form of a municipal facility license agreement ("MFLA") for small cell wireless facilities • Resolution establishing a deposit for wireless permit applications under Chapter 12.11 and establishing a fee for wireless permit appeals ACA Spansail reviewed the proposed ordinance: 1. Amendments to Chapter 25.77 • The proposed ordinance would amend Chapter 25.77 of the Zoning Code ("Wireless Communications Facilities") to remove regulations pertaining to wireless facilities in the public rights -of -way, which will now be covered by a new chapter in Title 12 of the Municipal Code. • The other amendments to Chapter 25.77 update definitions for key terms, and modify the procedures to allow for a more streamlined review of applications that are subject to those short shot clocks described earlier. 5 Burlingame City Council June 21, 2021 Approved Minutes • The proposed ordinance would limit the review authority, under Chapter 25.77, for an Administrative Use Permit ("AUP") to the Community Development Director. o This change will allow the City to meet the strict "shot clock" time limits described earlier. o The Planning Commission would continue to hear applications for Conditional Use Permits, which are still required for major wireless facility applications, as well as other applications that do not qualify as small cell facilities, collocations, temporary facilities, or eligible facility requests. The Council would remain the appeal authority for these applications. 2. Addition of Chapter 12.11 • The proposed ordinance would also amend Title 12 of the Municipal Code to add Chapter 12.11 ("Wireless Facilities in Public Rights -of -Way"). • For all wireless facilities in the public rights -of -way, this ordinance provides the permit and review procedures, as well as the operation and maintenance standards. • Like it did in Chapter 25.77, the proposed ordinance would delegate the review authority for applications under Chapter 12.11 to the Director of Public Works. o No longer heard by Planning Commission. o This is also done to meet the "Shot Clock" requirements. 3. Notice and Appeal Requirements • The proposed ordinance creates an administrative review process with clear notice requirements. (The procedure is almost identical in both Chapter 25.77 and Chapter 12.11 o A "Notice of Proposed Decision" will be sent to the applicant and all owners of property within 300 feet of the proposed facility site, which will include the following: a project description, map, summary of the decision, and instructions on how to submit an appeal. • Any person adversely affected by the Director's decision for an AUP or permit application under Chapter 12.11 may appeal that decision to a Hearing Officer appointed by the City Manager. o The Hearing Officer may decide the issues "de novo," and their written decision will be considered the final determination by the City. ACA Spansail next reviewed the three resolutions attached to the staff report. He reminded Council that the resolutions weren't up for adoption at this meeting. Instead the resolutions would be brought back for adoption at the second reading of the ordinance on July 6. Resolution Establishing Design and Location Standards for Wireless Facilities • This resolution would adopt design and location standards for wireless facilities in the public rights - of -way and utility easements, and on public and private land, and establishes standard permit conditions for those facilities. • The design standards for installations in the public rights -of -way include requirements for facilities placed on utility poles and on light poles, among others. • The resolution would also adopt a set of standard permit conditions that will apply if not modified by the approving authority or in case an application is deemed approved by operation of law. 6 Burlingame City Council June 21, 2021 Approved Minutes Planning Manager Hurin discussed the design and location standards for wireless facilities. He noted that within the right-of-way, there are general standards applicable to all facilities with regards to visual criteria, location, number, mounting of facilities on the poles, and equipment. He explained that design standards are provided for the specific types of installations including utility poles, existing and replacement streetlight poles, and new poles. Planning Manager Hurin reviewed size limits under the resolution: • Antennas: 15 inches diameter and 48 inches tall • Equipment: 9 cubic feet and 18 inches from pole He noted that the antenna and equipment must be shrouded. He showed pictures of installations at 1800 Hillside Drive and 1505 Bernal Avenue. Planning Manager Hurin stated that with respect to location, the standards discourage installations on non - arterial (local) streets. Additionally, the standards prohibit installations within ROW along Burlingame Avenue and Broadway within those downtown districts. He noted that the standards also discourage small cells being located closer than 300 feet to one another. Planning Manager Hurin discussed design and location standards for wireless facilities located on public and private land: • Includes standards for stealthing and concealment • Requirements for rooftop and wall -mounted installations • Design standards are in the current ordinance • Encourages placement with existing wireless facilities • Creates a location preference order: o Commercial areas not within Burlingame Downtown Districts o Burlingame Downtown Districts o Residential Districts Resolution Establishing a Deposit for Wireless Permit Applications under Chapter 12.11 and Establishing a Fee for Wireless Permit Appeals • This resolution would establish a deposit in the amount of $1,000 for Public Works before review of applications pursuant to Chapter 12.11. • Under the resolution, if the City exhausts the deposit funds prior to finishing their review, staff will request replenishment prior to continuing the review. • The Resolution would create a new Wireless Permit Appeal Fee of $600, which is collected when a party appeals the Director's decision on a wireless permit application. The $600 fee is inclusive of noticing costs related to the appeal. Resolution Approving the Form of a Municipal Facility License Agreement ("MFLA") for Small Cell Wireless Facilities • This resolution would approve the form of a municipal facility license agreement for small cell wireless facilities installations on City -owned poles, and authorizes the City Manager to execute and amend the agreement. 7 Burlingame City Council June 21, 2021 Approved Minutes • The resolution includes a template agreement for the City to use with carriers who request to place wireless facilities on City -owned poles in the public rights -of -way. o Initial term of ten (10) years o $1,000 deposit by applicant for City costs, which requires a replenishment o Separate from the permitting process — still requires applicants to obtain all required permits o Rent — FCC Declaratory Ruling currently limits annual rent to $270 per location per calendar year o Alternate Rent — if the ruling is overturned, rent will be $1,500 per location per calendar year Mayor O'Brien Keighran asked who the Hearing Officer would be. ACA Spansail stated that the City would be contracting with a firm to be the Hearing Officer. Mayor O'Brien Keighran asked if the ten-year initial permit is negotiable. Best, Best, and Krieger attorney Gail Karish stated that there is a state law that allows cities to limit a wireless permit to ten years. Therefore, this is a standard condition of approval. Mayor O'Brien Keighran asked about a voluntary pre -application meeting and if it could be made mandatory. Ms. Karish stated that it can be made mandatory. However, the problem with doing that is that any mandatory act starts the shot clock. Councilmember Brownrigg thanked staff for their hard work on this item. He noted that a few design parameters that Council previously discussed were not included in the design standards resolution including dissuading equipment from being installed in residential areas by encouraging larger cell sites on the tops of buildings. He added that there are a few other items that he would like discussed in regards to design parameters including: • Keeping antennas distanced from homes — he noted that Palo Alto proposed a 20-foot minimum • Strict noise regulations for the fans needed to keep equipment cool • Suggested preferencing corner locations for equipment over internal locations — he noted that while internal locations are more aesthetically pleasing, the corner location would further remove the equipment from people's homes • Stipulating a distance equipment must be from schools and daycare facilities • Reviewing the standards for sidewalk equipment so that carriers don't end up cluttering the sidewalk with equipment Mayor O'Brien Keighran stated that the packet specified that the carrier must remove graffiti from equipment within two days. She wondered if the City should implement a daily fee for every day it is not removed after the initial two-day period. Councilmember Beach thanked staff for their presentation. She noted that the City's hands are really tied when it comes to regulating wireless facilities. She explained that previously the Council discussed putting parks and open space as a top preference for the location of equipment over residences. She noted that this preference didn't seem to be included in the resolution. Planning Manager Hurin stated that it is something that the staff can fix if it is the Council's desire. He noted that there is one installation at Washington Park. 8 Burlingame City Council June 21, 2021 Approved Minutes Councilmember Beach voiced appreciation that the resolution for the rent included an alternate rent if the FCC declaratory ruling is overturned. She asked how staff decided on $1,500 rent per equipment per year. Ms. Karish stated that after reviewing other rents in the area, $1,500 was in the range. Councilmember Colson discussed graffiti on the equipment. She noted that any damage (including when a car hits the pole) should be repaired within a certain amount of time. She added that it might make more sense for the City to clean the graffiti off the equipment and charge the carrier for this work. Councilmember Colson discussed the noticing requirements under the proposed ordinance. She asked what the notification range is when equipment is being installed. ACA Spansail stated that it is 300 feet. Councilmember Colson stated that the City might want to consider expanding the noticing range. She asked for examples of a legitimate appeal. She explained that she worried about people spending $600 to appeal an installation where the City's hands are tied. ACA Spansail stated that this could be done through education and public outreach. Vice Mayor Ortiz voiced frustration for the City's lack of control over the installation of wireless facilities. He noted that he would like to see a minimum distance from schools and homes, noise regulations, graffiti maintenance, and requirements about equipment being placed on the sidewalk. He asked if other cities adopted regulations around these issues. Ms. Karish replied in the affirmative. She noted that many cities adopted noise regulations or encouraged the usage of passive cooling (equipment is stored in a larger cabinet). She added that the City can regulate around sidewalk clutter to ensure ADA compliance and other right-of-way regulations are met. Mayor O'Brien Keighran stated that applicants are required to use the smallest antennas available. She asked if at the end of a ten-year lease, if the carrier files a renewal application, will they need to install the smallest antenna available at that time or keep their antenna from 10 years ago. Ms. Karish stated that a renewal application will act like a new application, and the carrier will have to comply with the law in place. Mayor O'Brien Keighran asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title. Councilmember Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. Mayor O'Brien Keighran opened the public hearing. Verizon Wireless representative Maureen Cruzen asked the Council not to move forward with the second reading and instead meet with Verizon Wireless and other carriers. She noted that Verizon Wireless felt that there were several issues with the ordinance. AT&T representative Ellen Kamei thanked the City for the opportunity to work with staff on the proposed ordinance and regulations. She noted that she looked forward to the Council's approval in order to increase connectivity. 9 Burlingame City Council June 21, 2021 Approved Minutes David Menke asked if the City had made the process too onerous for the carriers. Jason asked what carriers would need to present to make a convincing case for why they are placing the antennas where they are placing them. Mayor O'Brien Keighran closed the public hearing. ACA Spansail stated that staff is actively working with the carriers. He noted that because the resolutions and draft agreement wouldn't be up for adoption until the July 6 meeting, the carriers have more time to work with the City. Ms. Karish stated that the ordinance includes the ability to request a waiver in certain circumstances. She explained that if the carrier is trying to waive a standard due to technical infeasibility, the City's proposed ordinance doesn't list what proof is needed. Instead, the carrier would need to demonstrate why their situation warrants a waiver. Councilmember Brownrigg stated that the City will have a hard time second guessing whether a carrier needs additional equipment. He noted that what the City can regulate is very narrow. Councilmember Brownrigg made a motion to bring back the ordinance for a second reading with answers to the Council's questions; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0. b. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 15.06 AND ADOPTING A NEW CHAPTER 15.07 OF THE BURLINGAME MUNICIPAL CODE TO PROHIBIT WASTEFUL WATER USE PRACTICES (CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTIONS 15378 AND 15061(B)(3)) Environmental Regulatory Compliance Manager Jennifer Lee stated that the City is updating its Urban Water Management Plan. She explained that the Urban Water Management Plan is a long-term water resource planning document to ensure that the City has adequate supply to meet existing and future water demands. She stated that related to that plan, staff determined that it was necessary to make some updates to the Municipal Code. Staff is hoping to accomplish two things: • Establish the legal authority to implement and enforce the City's Water Shortage Contingency Plan • Adopt a water waste prevention ordinance Ms. Lee stated that the purpose of the ordinance is to establish baseline permanent restrictions on wasteful water use practices. She noted that many cities have adopted a similar ordinance. She added that the ordinance is a combination of actions that were recommended during the last drought and actions that neighboring cities have adopted. 10 Burlingame City Council June 21, 2021 Approved Minutes Ms. Lee noted that staff will be taking an education first approach with the enforcement of the ordinance. She explained that staff would first reach out to community members that are violating the ordinance to educate them. She added that penalties would be a last resort. Mayor O'Brien Keighran stated that page 3 of the staff report lists the various water waste restrictions. She noted that one of the restrictions is "no washing sidewalks unless for health and safety and no runoff to storm drain". She asked why the City wasn't adopting this restriction. DPW Murtuza stated that the reason staff isn't proposing this restriction is that although it is a good practice, enforcement would be difficult. Councilmember Brownrigg stated that one of the restrictions the City is considering is making it illegal to irrigate within twenty-four (24) hours after measurable rainfall. He noted that the City has 80 days of rain a year, and drip irrigation is more efficient than other forms of irrigation. He explained that he is concerned that for individuals that have an automated system, this requirement could be tricky. DPW Murtuza stated that Council can change that time period to a different number. He noted that the idea is to discourage people from watering their lawn after it rains. Councilmember Brownrigg asked what a positive shut-off nozzle is. Ms. Lee replied that it is a nozzle with a trigger. Councilmember Brownrigg asked if the proposal would be to require everyone to have a spring nozzle. Ms. Lee replied in the affirmative and noted that the City gives them out for free. Councilmember Brownrigg noted that spring nozzles can be difficult for senior citizens. He explained that he was worried that the ordinance was too prescriptive. Councilmember Colson asked about the definition of a "measurable rainfall" in regards to watering your yard the next day. She voiced concern about how this would be enforced. She noted that many people use watering cans for their plants and that spring nozzles aren't easy to use with the cans. She suggested amending this requirement so that it is clear that the intent is that individuals not leave their hose on or overwater their yard. Councilmember Colson suggested incentive programs to assist people in their water usage. Councilmember Beach discussed California's current drought. She suggested differentiating in the ordinance between drip irrigation and sprinklers. Ms. Lee stated that other cities reference sprinkler irrigation as opposed to drip irrigation. Vice Mayor Ortiz stated that this wouldn't be California's last drought. He explained that he believed the ordinance was necessary in order to provide penalties to those who are clearly wasting water. He added that he didn't believe the City would be enforcing against someone whose drip irrigation ran the day after a rainfall. DPW Murtuza stated that the ordinance's language came from the Governor's Declaration during the last drought. He explained that this is language that most agencies are using. He discussed enforcement of the ordinance. He noted that the City will always lead enforcement with education. 11 Burlingame City Council June 21, 2021 Approved Minutes Mayor O'Brien Keighran asked who would enforce the ordinance. Ms. Lee stated that she would be enforcing the law. Councilmember Colson stated that the number one deterrent for the overuse of water is the cost of water. She explained that if the City can articulate these values in terms of cost saving, it will assist in educating the public. She asked that the Council schedule a discussion on implementing recycled water practices. Councilmember Beach asked if there is an urgency in getting the ordinance adopted at the July 6 meeting. She suggested broadening the language of the proposed ordinance. She noted her discomfort with having an ordinance on the books that staff isn't planning on enforcing to the letter of the law but rather the spirit of the law. DPW Murtuza discussed the Council's summer break. (Historically, the second meeting in July and the first meeting in August are cancelled each year) He noted that this would cause a delay in the adoption of the ordinance until August/September. He added that the ordinance would have its greatest impact in the summer months. Mayor O'Brien Keighran asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title. Councilmember Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Colson. The motion passed by roll call vote, 4-1. (Councilmember Brownrigg voted against). Mayor O'Brien Keighran opened the public hearing. Cheryl Bower asked if the ordinance would discuss replacing lawns with drought resistance plants and using incentives to assist with the drought. (comment submitted via publiccomment(d),burlingame.org). Mayor O'Brien Keighran closed the public hearing. Councilmember Brownrigg thanked Ms. Lee for her approach of educating first. He stipulated that the Council wants to save water and is concerned about the drought. However, he believed that this ordinance didn't cover the issues where the City was going to be able to save water. He asked if he was correct that the City has software to detect water leakage in both commercial and residential buildings. DPW Murtuza replied in the affirmative. Councilmember Brownrigg stated that he would like to see the City spend its effort on reclaimed water, catching leaks, and education. He noted that these are the areas where the City will save water. Vice Mayor Ortiz stated that the City is adopting the language that was set forth by the Governor during the last drought. He noted that staff won't be strictly enforcing the proposed ordinance, but the teeth are needed. He added that he believed the ordinance was needed, and the sooner it is adopted the better. He talked about the future water crisis the City is going to be facing. Councilmember Beach stated that she is in favor of the teeth of the law but thinks that the ordinance should be further refined. She noted that she recognized that by delaying the ordinance they won't have a law in 12 Burlingame City Council June 21, 2021 Approved Minutes effect during the summer. However, she thought it was better to get language on the books that everyone feels comfortable with. Councilmember Colson concurred with Vice Mayor Ortiz. She noted that she believed that staff would use discretion when enforcing the ordinance. Mayor O'Brien Keighran stated that she felt this ordinance was a little too regulatory. However, after hearing from DPW Murtuza and Ms. Lee about the education first policy, she felt more comfortable with this ordinance. She added that waiting to adopt the ordinance until September means that the summer months when water is misused will not be enforced. She asked that staff educate the public on this ordinance in the eNews and in water bills. Ms. Lee stated that she noticed a minor typo in the ordinance and asked if it could be edited prior to the second reading. City Attorney Guina asked Ms. Lee to clarify what the typo is. Ms. Lee stated that on page 3 of the ordinance under "Water use restrictions" subsection "g" should read: "The prohibition enumerated in subsection (d)" and not in "subsection (f)". City Attorney Guina stated that if the Council adopts the first reading of the ordinance, they should also adopt the typo being corrected. Vice Mayor Ortiz made a motion to bring back the ordinance for a second reading with the typo corrected; seconded by Councilmember Colson. The motion passed by roll call vote, 3-2. (Councilmember Beach and Councilmember Brownrigg voted against). c. PUBLIC HEARING AND ADOPTION OF RESOLUTIONS (1) ADOPTING THE FY 2021-22 OPERATING AND CAPITAL BUDGETS AND AUTHORIZING THE FINANCE DIRECTOR TO ASSIGN USES OF FUND BALANCE AMOUNTS: (2) APPROVING THE GANN APPROPRIATION LIMIT: AND (3) APPROVING A CONTRIBUTION TO THE CITY'S PENSION BENEFIT TRUST ACCOUNT WITH PARS Finance Director Augustine stated that the proposed budget for FY 2021-22 was brought to Council in May. She noted that there haven't been many changes since that time. Finance Director Augustine reviewed the budget highlights for FY 2021-22 • Economic Recovery o Moderate revenue growth o Operating deficit of $1.7 million o Continued reliance on reserves o Capital Investment Reserve totally earmarked • Temporary focus on short term o Priority on quality municipal service delivery o Reduced governmental capital spending Finance Director Augustine discussed the General Fund challenges for the upcoming fiscal year including: 13 Burlingame City Council June 21, 2021 Approved Minutes • Provide day-to-day operations required to sustain high quality services • Fund long-term legally obligated liabilities • Provide for basic infrastructure needs • Advance planning of longer -term priority initiatives, policies, and strategies Finance Director Augustine discussed the FY 2021-22 proposed budget: • Assumes continued weakness in General Fund revenues, particularly in hotel taxes • Maintains lower level of CIP funding • Anticipates continued deficit spending • Includes funding for Section 115 Pension Trust Fund ($1.85 from the General Fund and nearly $2.3 million citywide) • General Fund revenues up 12.1 % from FY 2020-21 revised budget (roughly $7.3 million) • Total General Fund operating expenditures up 2.4% from FY 2020-21 revised budget • Total General Fund balance to decrease $1.7 million Finance Director Augustine discussed the top three revenue sources: TOT, property tax, and sales tax. She noted that TOT has gone from $29.4 million to a projected $7.5 million in the current fiscal year. She added that she believed that $7.5 million was overly optimistic for this current year. She stated that staff will continue to watch TOT as business travel picks up. Finance Director Augustine discussed sales tax. She stated that: • Taxable sales for the second quarter of FY 2020-21 were down 14.2% compared to FY 2018-19 • The automobile and transportation sector was down 4.4% • Restaurants and hotels were down 55.3% • State and County pool allocations were up 4.3% • Different sectors are expected to recover at varying rates through the current fiscal year and FY 2021- 22 Finance Director Augustine showed sales tax revenues by sector to show where the revenue losses were seen. The bar chart showed that restaurants and hotels were hit the hardest. Finance Director Augustine discussed property taxes. She stated that: • Secured property taxes are expected to grow at a healthy rate of 4.9% • The projection was updated to include recent additions to the County Assessor's Roll • Due to uncertainty in property tax in lieu of Vehicle License Fees ("VLF"), total property taxes are expected to only grow by 1.3% Finance Director Augustine reviewed a pie chart that showed the General Fund revenue composition for FY 2021-22: • Property Tax - 37.3% • Sales and Use Tax — 22.8% • Transient Occupancy Tax — 20.1 % 14 Burlingame City Council June 21, 2021 Approved Minutes • Other Revenue — 19.8% Finance Director Augustine reviewed the expenditure highlights in the upcoming budget including: • General Fund expenditures are up compared to the FY 2020-21 revised budget • Increases in overall personnel expenditures (3.2%) due to benefit cost increases • Other operating costs increase slightly Finance Director Augustine stated that changes were made in the operating costs from when the budget was discussed in May to what was before Council at this meeting. She noted that Parks & Recreation released an RFP in early May for the annual tree contract. The RFP included an expanded scope. She explained that costs in this area increased significantly, and therefore $200,000 was added. Finance Director Augustine discussed the General Fund balance. She noted that the projected ending fund balance is $37,287,995, which is down from the current fiscal year's projected balance of $38,980,889. She explained that what the City needed to keep an eye on is the unassigned fund balance. She reviewed the decrease in unassigned fund balance since FY 2019-20: Fiscal Year Unassigned Fund Balance FY 2019-20 $10.5 million FY 2020-21 $7.04 million FY 2021-22 $1.76 million She noted that there would be no additions to the Capital Investment Reserve. Finance Director Augustine reviewed the Capital Improvement Program. She noted that it is greatly reduced from prior years. Finance Director Augustine reviewed the Gann Appropriation Limit. She explained that this is an initiative from November 1979 that places limits on growth of expenditures for public programs. She stated that the limit is adjusted annually for changes in cost of living and population. She noted that governments under this limit are allowed to expend the proceeds of taxes as long as the appropriations do not exceed the limit. She added that Burlingame's Gann limit is around $91 million. Councilmember Colson asked if she was correct that the City's credit rating improved. Finance Director Augustine stated that the City's rating stayed the same. She added that the City did receive a new rating for its Storm Drain Bond issuance. Councilmember Colson asked if she would be receiving the hard copy versions of the budget book. Finance Director Augustine replied in the affirmative. Councilmember Colson asked if the City was able to keep all of its full-time employees through the pandemic. City Manager Goldman replied in the affirmative. She noted that the City laid off part time staff at the beginning of May 2020 because most of them were working in program areas that were no longer being offered. 15 Burlingame City Council June 21, 2021 Approved Minutes Mayor O'Brien Keighran opened the public hearing. No one spoke. Vice Mayor Ortiz stated that the City has kept a conservative approach when it comes to finances, and it has worked out well during the pandemic. He explained that he was proud of how the City handled the pandemic and the moves they made previously to create reserves. Councilmember Brownrigg thanked the City Manager for leading the City through the last year. He noted that the City has a high level of services that are provided to residents and by holding on to staff, it ensures that this will continue. Councilmember Brownrigg thanked Finance Director Augustine for her leadership and time with the City. He discussed the hard work that she has done over the past years and voiced gratitude for her being unflappable. Councilmember Colson echoed Councilmember Brownrigg's sentiments. She noted that it has been a real pleasure working with Finance Director Augustine. She discussed the Finance Director's work with Ca1PERS. Mayor O'Brien Keighran thanked the Finance Director for all of her hard work and giving the Council options. Finance Director Augustine thanked Council for all of their support over the past eight years. She discussed the support that she received from her colleagues and Council. Councilmember Brownrigg made a motion to adopt Resolution Number 081-2021 (Gann Appropriations Limit); seconded by Vice Mayor Ortiz. Councilmember Beach commented on the motion by thanking Finance Director Augustine for all of her hard work. The motion passed unanimously by roll call vote, 5-0. Vice Mayor Ortiz made a motion to adopt Resolution Number 080-2021 (Operating and Capital Improvement Budget for FY 2021-22); seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. Councilmember Colson made a motion to adopt Resolution Number 082-2021 (Contribution to PARS); seconded by Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. 16 Burlingame City Council June 21, 2021 Approved Minutes 10. STAFF REPORTS AND COMMUNICATIONS a. CONSIDERATION OF AN APPOINTMENT TO THE STORM DRAIN CITIZEN'S OVERSIGHT COMMITTEE DPW Murtuza stated that staff recommends that Council make an appointment to fill one of the two vacancies on the Storm Drain Citizen's Oversight Committee. He noted that the vacancies are due to the resignation of former Mayor Rosalie O'Mahony and the term expiration of Kevin Osborne. DPW Murtuza stated that prior to the interviews, one of the applicants withdrew their application. As a result, the Council interviewed Michael Barber on June 9, 2021. If appointed, Michael Barber's term will be for four years, ending on June 21, 2025. Mayor O'Brien Keighran opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked the Council to text her their votes. She read out their votes. Congratulations to Michael Barber for his appointment to the Storm Drain Citizen's Oversight Committee. b. CONSIDERATION OF ONE APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES City Manager Goldman stated that there is one vacancy on the Library Board of Trustees due to the expiring term of Randi Murray, who elected not to reapply. The City published the vacancy and received one application as of the deadline. The Council interviewed Kristine Cannon on June 9, 2021. She noted that if appointed, Kris Cannon would serve a three-year term. Mayor O'Brien Keighran opened the item up for public comment. No one spoke. City Clerk Hassel -Shearer asked the Council to text her their votes. She read out their votes. Congratulations to Kris Cannon on her appointment to the Library Board of Trustees. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 12. FUTURE AGENDA ITEMS Councilmember Brownrigg stated that the development community heard the Council's conversation regarding the Bayside and life sciences. However, he wanted to ensure that the development community and the Council discussed impact fees for developments on the Bayside. He asked that Council agendize a discussion about what additional fees might be appropriate for developments on the Bayside. Vice Mayor Ortiz seconded this request. 13. ACKNOWLEDGMENTS 17 Burlingame City Council June 21, 2021 Approved Minutes 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. a�g. 14. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 9:44 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 18 Burlingame City Council June 21, 2021 Approved Minutes