HomeMy WebLinkAboutMin - CC - 2021.11.01BURLiNGAME
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on November 1, 2021
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at
7:08 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by City Manager Goldman.
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 RECOGNIZING FAMILY COURT AWARENESS MONTH
Mayor O'Brien Keighran recognized that November is family court awareness month.
7. PUBLIC COMMENTS, NON -AGENDA
Sandra Lang commented that the district election hearing was well done.
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Tom Paine and Susan Castner-Paine asked that the City Council go back to in -person meetings. (comment
submitted via publiccomment(d),burlin ag me.org)
8. APPROVAL OF CONSENT CALENDAR
Mayor O'Brien Keighran asked the Councilmembers and the public if they wished to remove any item from
the Consent Calendar. No item was removed.
Councilmember Beach made a motion to adopt the Consent Calendar; seconded by Vice Mayor Ortiz. The
motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE OCTOBER 18, 2021
REGULAR COUNCIL MEETING
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the October 18,
2021 Council Meeting.
b. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF THREE
VEHICLES FOR THE CITY'S FLEET SYSTEM AS PART OF THE FY 2021-22 VEHICLE
REPLACEMENT PROGRAM IN THE AMOUNT OF $128,609
DPW Murtuza requested Council adopt Resolution Number 130-2021.
c. ADOPTION OF A RESOLUTION APPROVING LABOR AGREEMENTS WITH THE
POLICE SERGEANTS ASSOCIATION, POLICE OFFICERS ASSOCIATION,
ASSOCIATION OF POLICE ADMINISTRATORS, AND TEAMSTERS LOCAL 856 AND
AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDA OF
UNDERSTANDING ON BEHALF OF THE CITY
Human Resources Director Morrison requested Council to adopt Resolution Number 131-2021.
d. ADOPTION OF A RESOLUTION APPROVING THE TENTATIVE SUBDIVISION MAP
(PM 21-04) FOR CONDOMINIUMS, LOT MERGER AND RESUBDIVISION OF
PORTIONS OF BLOCK 7, MAP OF MILLS ESTATE NO.3 SUBDIVISION AT 1814-1820
OGDEN DRIVE
DPW Murtuza requested Council adopt Resolution Number 132-2021.
e. ADOPTION OF A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR FUNDING ASSIGNED TO THE METROPOLITAN TRANSPORTATION
COMMISSION AND COMMITTING ANY NECESSARY MATCHING FUNDS AND
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STATING ASSURANCE TO COMPLETE THE BURLINGAME SQUARE TRANSIT HUB
PROJECT
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 133-2021.
f. ADOPTION OF A RESOLUTION DECLARING RIGHT-OF-WAY PARCELS
ASSOCIATED WITH THE US HIGHWAY 101/11ROADWAY INTERCHANGE
RECONSTRUCTION PROJECT AS EXEMPT SURPLUS LAND PURSUANT TO THE
SURPLUS LAND ACT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE A QUITCLAIM DEED BETWEEN THE CITY OF BURLINGAME AND
CALTRANS FOR SAID PARCELS
DPW Murtuza requested Council adopt Resolution Number 134-2021.
g. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE MEASURE I
CITIZENS' OVERSIGHT COMMITTEE
City Manager Goldman requested Council open up the nomination period to fill one vacancy on the Measure
I Oversight Committee.
h. ADOPTION OF A RESOLUTION TO APPROVE THE 2021 TOURISM BUSINESS
IMPROVEMENT DISTRICT ANNUAL REPORT AND TO GIVE NOTICE OF INTENT TO
LEVY ASSESSMENTS FOR 2022 AND SETTING A PUBLIC HEARING
Finance Director Yu -Scott requested Council adopt Resolution Number 135-2021.
9. PUBLIC HEARINGS
a. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 8 OF THE BURLINGAME
MUNICIPAL CODE BY ADDING A CHAPTER 8.15 (ORGANIC WASTE DISPOSAL
REDUCTION); (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15061(B)(3) AND 15308)
Sustainability Coordinator Michael gave an overview of the proposed ordinance. She explained that SB
1383 was signed into law in 2016. The State legislation establishes statewide methane emissions reduction
targets to reduce emissions of short-lived climate pollutants in various sectors of California's economy
including landfills. She stated that the legislation requires all residents and businesses to enroll in a
composting program.
Sustainability Coordinator Michael stated that SB 1383 requires jurisdictions to adopt an ordinance or other
similarly enforceable mechanism regarding organic waste disposal reduction by January 1, 2022.
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Sustainability Coordinator Michael gave an overview of the requirements under SB 1383:
• Requires all residents and businesses to compost
• Requires the City to implement an Edible Food Recovery Program (food that is discarded by
restaurants, hotels, stores, etc. that is still eligible must go to a Food Recovery Program such as a
food bank)
• Support recycling goods market
o Purchase recycled paper
o Purchase compost/mulch/biogas
o Comply with CalGreen Construction and Demolition
o Comply with State's Model Efficient Landscape Ordinance
Sustainability Coordinator Michael noted that the three -bin system (recycling, landfill, and compost) is
already in use in Burlingame. She noted that SB 1383 complements the City's Disposable Foodware
Ordinance that prohibits the use of plastic take out foodware. She stated that SB 1383 aligns with the City's
Climate Action Plan goals as it looks to remove 90% of waste from landfill by 2030.
Sustainability Coordinator Michael stated that the City will receive assistance in complying with SB 1383
from the following organizations:
• Rethink Waste (SBWMA)
She explained that Rethink Waste will help with overall compliance and has drafted a model ordinance for
all jurisdictions. She added that Rethink Waste will conduct outreach, education, and enforcement on the
legislation.
• Recology
She explained that Recology will continue to provide three bins and will assist with outreach and education.
• County of San Mateo Office of Sustainability
She explained that the County of San Mateo Office of Sustainability will administer the Edible Food
Recovery Program for Burlingame. Additionally, the County will assist in enforcement, outreach, and
education.
Sustainability Coordinator Michael explained that while an ordinance needs to be adopted by January 1,
2022, local enforcement of the ordinance doesn't need to start until January 1, 2024. She stated that this
grace period will allow time for the organizations and the City to educate the public and assist businesses in
complying with the law.
Sustainability Coordinator Michael discussed the impact of SB 1383 on Burlingame businesses. She
explained that 579 businesses are currently not complying with SB 1383. She stated that of the 579
businesses:
• 167 business don't compost at the two -yard threshold
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• 77 business don't compost at the one -yard threshold
• 335 business don't compost at all
Sustainability Coordinator Michael noted that a lot of the businesses might meet the waiver requirements as
they may fall under the threshold and could qualify for a waiver. She explained that a business would need
to go through this process on their own, but could get assistance from the City.
Sustainability Coordinator Michael reviewed the impact of SB 1383 on multi -family buildings in
Burlingame. She explained that 393 multi -family buildings are currently not complying with SB 1383. She
stated that of the 393 multi -family buildings:
• Four of the buildings with 50 to 100 units do not compost
• 66 of the buildings with 15 to 50 units do not compost
• 323 of the buildings with 15 or less units do not compost
Sustainability Coordinator Michael noted that most of the multi -family buildings in Burlingame fall into the
15 units or less category. She discussed the outreach that the City would need to conduct to these buildings
including working with Recology and the creation of a webpage outlining the requirements on the City's
website.
Sustainability Coordinator Michael reviewed the next steps:
• Ordinance will be up for adoption at the November 15, 2021 Council meeting
• Authorize MOU with SBWMA for SB 1383 Compliance
• Authorize MOU with County of San Mateo Office of Sustainability for Edible Food Recovery
Program
Mayor O'Brien Keighran asked about outreach to small multi -family buildings. Sustainability Coordinator
Michael explained that she is formulating a plan on how to reach the building owners.
Mayor O'Brien Keighran suggested reaching out to the landlords via the phone number they provide on their
business license.
Councilmember Colson asked if the outreach materials would be multi-lingual. Sustainability Coordinator
Michael responded in the affirmative.
Mayor O'Brien Keighran asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer
read the title of the ordinance.
Councilmember Brownrigg made a motion to waive further reading; seconded by Vice Mayor Ortiz. The
motioned passed unanimously by roll call vote, 5-0.
Mayor O'Brien Keighran opened the item up to public comment.
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Former Mayor Terry Nagel asked about the location of compost bins along Burlingame Avenue and
Broadway. Sustainability Coordinator Michael responded that staff is looking into this issue. She added that
she is worried about how public compost bins might be contaminated with plastics.
Shirley Lee voiced support for the ordinance. (comment submitted via publiccomment&burlin ag me.org).
Mayor O'Brien Keighran closed public comment.
Councilmember Beach stated that complying with SB 1383 will be a big task. She thanked staff and
Councilmember Brownrigg for representing the City on SBWMA and for all they are doing to get the
County ready for this change. She voiced support for bringing the ordinance back for a second reading.
Councilmember Beach made a motion to bring the ordinance back for a second reading and adoption;
seconded by Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF A ZONING ORDINANCE UPDATE
CDD Gardiner gave an overview of the Zoning Ordinance update. He noted it has been a long process as it
started at the beginning of the General Plan update. He explained that the General Plan was adopted in 2019
and that the Zoning Ordinance is the implementation of the General Plan. He introduced Laura Stetson from
MIG, who helped the City with both the General Plan and the Zoning Ordinance update.
Ms. Stetson stated that the General Plan is the foundation, and that the Zoning Ordinance is how it's
implemented.
Ms. Stetson explained that most of the new zones are focused on mixed use categories that were established
for California Mixed Use, North Burlingame, and Broadway Mixed Use.
Mixed Use General Plan Designations
Corresponding Zoning District
California Mixed Use
CMU new
North Burlingame Mixed Use
NBMU new
Broadway Mixed Use
BRMU new
Downtown Specific Plan
BAC, HMU, BMU, DAC, CAC, CAR
Live/Work
RRMU new
Ms. Stetson stated that the commercial zones have been consolidated down to one zone: C-1. She noted that
there are specific regulations tied to the Bayfront Commercial (`BFC") and the Innovation Industrial ("I -I")
zones.
C.
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Commercial and Industrial General Plan
Corresuondin2 Zoning District
Desi nations
General Commercial
C-1
Ba front Commercial
BFC new
Innovation Industrial
I -I new
Ms. Stetson commented that the new Innovation Industrial zone is on both sides of Highway 101. She stated
that there are various open space zoning districts that haven't changed and will be carried forward.
Other General Plan Desi nation
CorrespondiEg_Zoning District
O en Space
Various
Parks and Recreation
PR
Ba lands
TPB
Public/Institutional
P-I
Rail Corridor
All
Ms. Stetson stated that changes were made to land use regulations in some of the zones, which led to changes
in development standards.
Ms. Stetson gave a brief background on the updated zoning ordinance:
• 2017 — Zoning Code diagnosis
• 2018 — Stakeholder interviews — developers, property owners, homeowners, City staff
• 2018-2019 — Planning Commission Subcommittee
• 2021 — Planning Commission Study Session and Hearings
Ms. Stetson explained that the updated Zoning Code is restructured from its previous form. She stated that
this was done in order to make it more reader friendly. Therefore, the first part of the code addresses the
"What/Where" question; the second part address the "How" question; the third part addresses the
"Who/When" question (the process).
Ms. Stetson commented that the current structure to the code is one that is not intuitive to use. She reviewed
the order of the new code:
• Article 1: General Provisions
• Article 2: Zoning Districts, Allowable Uses, and Development Standards
• Article 3: Regulations and Standards Applicable to All Zoning Districts
• Article 4: Regulations for Specific Land Uses and Activities
• Article 5: Nonconformities
• Article 6: Permit Processing Procedures
• Article 7: Zoning Ordinance Administration
• Article 8: Definitions
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Ms. Stetson noted that a section of the updated code reviews land use definitions. She continued that the
Zoning Code should move ideas forward. She reviewed new ideas in the update including:
• Community benefits
• New neighborhoods
• Flexible approach to accommodating emerging land uses
• Standard conditions for recurring uses
• Design principles for commercial development
Ms. Stetson reviewed key corrections in the update:
• Historic Preservation (Title 21) and Signs (Title 22) moved to Zoning Code —and updated
• ALUC regulations included (Airport Land Use Code)
• Removed inconsistencies
• Removed loopholes
• Codified best practices
Ms. Stetson reviewed next steps:
• Introduction of Zoning Ordinance at the November 15, 2021 Council meeting
• Expect tweaks over the next 12 months
CDD Gardiner noted that the update includes sea level rise development regulations for the commercial land
use district.
Mayor O'Brien Keighran asked about the definition of the R1 district in regards to SB 9. CDD Gardiner
responded that it becomes an overlay zone, which is reflected in Chapter 2, pages 61-63. He explained that
the R1 standards are still in place for the overlay zone.
Mayor O'Brien Keighran stated that SB 9 diminishes the R1 zoning as it could potentially become R2. CDD
Gardiner stated that SB 9 isn't necessarily the end of single-family zoning.
Mayor O'Brien Keighran noted that page 23 discusses child care facilities and the "establishment and on-
going maintenance of on -site or off -site." She asked how this would be incorporated into the update and
how off -site care would be determined. CDD Gardiner explained that a development could sponsor an off -
site childcare location in a place other than the development location. He noted that this is important because
in some zoned areas, like the Airport Mixed Use area, it can be hard to develop a childcare site.
Mayor O'Brien Keighran asked if a nexus study would be conducted for off -site care. CDD Gardiner
explained that as projects are reviewed, it would be included in the conditions of approval or in the
development agreement.
Mayor O'Brien Keighran asked about the Howard Mixed Use Zoning District discussed on page 44, in
relation to "office uses that operate beyond a typical weekday schedule may be permitted subject to
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discretionary review" and associated examples. CDD Gardiner explained that this concerned shared spaces
that don't have the typical 8:00 a.m. to 5:00 p.m. schedule.
Mayor O'Brien Keighran asked about communal housing that is referenced on page 49. CDD Gardiner
responded that that is in reference to co -housing, and that it has not been prevalent in Burlingame. He
explained that co -housing refers to spaces with smaller units and a shared facility like a kitchen. He noted
that it is a model that was brought to the City's attention recently, but has not been seen in Burlingame.
Mayor O'Brien Keighran asked about SB 9 and the minimum lot size, referenced on page 60, that is needed
or allowed for a lot split. CDD Gardiner responded that the City's understanding is that there is no stated
minimum lot size, and that the State has not given direction in that regard. He added that he is unsure if the
City is allowed to stipulate a minimum lot size. He noted that the legislation does state that the each of the
lots be 1,200 square feet or larger.
Mayor O'Brien Keighran asked that if there is a large lot (10,000 square feet), are you only allowed to split it
once. CDD Gardiner responded in the affirmative and noted that this is stated in the legislation.
Mayor O'Brien Keighran asked about the exceptions to SB 9 regarding "housing that has been occupied by a
tenant in the last three years." She asked if a tenant moves out of a house after living in it for three years,
can the lot be split. CDD Gardiner stated that his understanding is that the intent of SB 9 was not to have
tenants evicted to create duplexes and lot splits.
Mayor O'Brien Keighran commented that this legislation is difficult to parse through. She asked what the
following language means: "a parcel on which an owner of residential real property has exercised the
owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development
proponent submits an application." CDD Gardiner responded that it is in reference to the Ellis Act and is not
seen much in Burlingame. He continued that it usually involves dwellings with rent control.
Mayor O'Brien Keighran asked if an owner rents out their home, can they split the lot once the tenant leaves.
CDD Gardiner explained that the legislation is not meant to evict a tenant in order to split a lot. However,
whether or not an individual is able to split the lot is something that would need to be further researched.
Mayor O'Brien Keighran opened the item up to public comment.
Former Mayor Terry Nagel commended Burlingame for including sea level rise conditions in the Zoning
Code.
Ms. Pfaff complimented the Planning Commission, staff, consultants, and all involved for their hard work on
the update.
Mayor O'Brien Keighran closed public comment.
Burlingame City Council November 1, 2021
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Councilmember Colson thanked OneShoreline and Representative Speier for their efforts around sea level
rise and was proud that Burlingame was one of the first cities to set a standard around sea level rise . She
noted that this will be a very important task for the City to tackle. She discussed the work that staff and
others were doing to create a new community on Rollins Road.
Councilmember Beach thanked staff and everyone involved for all the hard work on the update. She
concurred with Councilmember Colson regarding the importance of including sea level rise conditions in the
update. Additionally, she voiced support for the way the update promoted development in the North Rollins
Road area.
Vice Mayor Ortiz thanked staff and members of the public for all the help and work put into the update. He
is happy to see this long process finally coming to an end.
Councilmember Brownrigg thanked staff and the consultants for all the work on the update. He noted that
the update will allow for new opportunities throughout the city. He commented that the last time this was
done was in 1969 and that CEQA did not exist.
Mayor O'Brien Keighran thanked everyone who was involved in the update. She thanked CDD Gardiner
and Planning Manager Hurin for all the work as well as the Planning Commission and the public. She
commended Council for putting in the hours to make this vision happen.
Councilmember Brownrigg stated that this vision will increase the population of Burlingame by 20%, and
that if every city on the Peninsula adopted a plan like this, then there wouldn't be a housing crisis.
b. UPDATE ON 778 BURLWAY (ENTERPRISE) PROJECT
City Manager Goldman gave an overview of the Enterprise Project. She explained that the property at 778
Burlway Road has been occupied by a non -conforming car rental use since 1985. She continued that the
conditional use permit (CUP), under which this use is allowed has been modified and extended several times
at the request of the applicant. She noted that in October 2016, the Council granted a further extension of the
CUP. She explained that anticipating a move to the then -planned SFO Car Rental facility, Enterprise and the
Council agreed to timelines as well as escalating payments designed to offset the impacts of the non-
conforming use and incentivize redevelopment of the site in a manner consistent with the Bayfront Specific
Plan.
City Manager Goldman stated that in the spring of 2019, Enterprise approached the City with an alternative
development plan for the site that would involve consolidation of activities through the construction of a
multi -story garage for car storage. She explained that this would free up a portion of the area for possible
acquisition and redevelopment by the City. She noted that since that time, the City Council granted
Enterprise a number of extensions to the CUP timelines in order to allow Enterprise to continue developing
its plan. She explained that the most recent extension was granted on September 20, 2020.
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City Manager Goldman introduced Eric Street from Enterprise and Brennan Cox from Groundworks Office.
Mr. Street commented that Enterprise has been working with the City's subcommittee of Councilmember
Brownrigg and Councilmember Colson since spring 2019. He explained that originally, Enterprise was
working with the City to see if it was feasible to create a parking structure at 778 Burlway. He noted that
considerable effort was put into that plan with help from the working group and with Council providing
Enterprise with CUP extensions. However, he stated that the pandemic changed the landscape for
Enterprise, and a parking structure is no longer feasible.
Mr. Street noted that the travel sector was gravely impacted by the pandemic. He commented that the
economics for building a multi -level parking structure are no longer feasible.
Mr. Street explained that Enterprise wants to stay in Burlingame and is trying to find a solution to do that.
He stated that he appreciated the open dialogue that Enterprise has had with the City. He explained that as a
result of the pandemic, Enterprise didn't communicate with the City as much as it should have. He
apologized for the lack of communication.
Mr. Street added that Enterprise might need an extension of the CUP in order to find another location. He
explained that Enterprise is looking for immediate investment in order to allow for both Enterprise and
Benihana (located next door) to continue to operate in Burlingame. He stated that this would allow for jobs
to stay in Burlingame.
Mr. Street outlined Enterprise's proposed solution:
• Benihana, which has operated since the 1970s, stays in place
• Continued employment of a diverse workforce of over 100 people
• Long-term lease with Benihana
o Term sheet already in place between Enterprise and Benihana to try and keep the restaurant
• Enterprise will provide, through Benihana, 10 dedicated public parking spaces for access to the Bay
Trail
Mr. Street then outlined the solution from the point of view of the Enterprise property:
• Continued employment of a diverse workforce of 100 plus people
• Existing maintenance building demolished and improvements to existing office building
• Solar upgrades working towards a net -zero energy goal
• Installation of EV chargers to prepare for future transportation and move away from gas vehicles
• Opening of a second operating business of truck rentals
• A potential workforce development partnership opportunity
• A commitment to helping with sea level rise
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Mr. Street gave an overview of the property line and changes as outlined in the proposed plan. He
introduced Brennan Cox from Groundworks Office. Mr. Cox discussed the proposed Bay Trail
improvements. He noted some trail improvements that they would like to implement:
• Widen the trail
• Improve trail markers
• Provide seating
• Undertake habitat enhancements
He stated that the proposed improvements are outlined in the Bay Trail Design Guide. He noted that habitat
management would be the number one improvement for this stretch of shoreline. He explained that there are
three potential entry nodes to the Bay Trail that they have identified for upgrades. He discussed two
shoreline overlook opportunities.
Councilmember Brownrigg commended the Enterprise team for their work over the last few years on this
update. He acknowledged that this conundrum is not a new one and that the City confronted Enterprise
ownership years ago with the need to do something different with the site. He noted that Envision
Burlingame has a definition for long-term parking along the bayfront and that the current Enterprise use does
not adhere to it. He stated that he remains hopeful that they can keep Enterprise in the city but not with an
at -grade parking facility.
Councilmember Colson agreed with Councilmember Brownrigg on the efforts from Enterprise and staff.
She stated that there is significant development along the bayfront and is hopeful of keeping a long-term
business in place in the area. She worried that the property might just become a fenced off area that has
nothing done to it because an agreement can't be made.
Mayor O'Brien Keighran opened the item up to public comment.
Benihana CEO Tom Baldwin thanked the City Council for allowing him to speak at the meeting. He
explained how much Benihana has served the community and that they will commit to more upgrades if a
long-term lease can be signed in conjunction with Enterprise.
Benihana Regional Manager Jocelyn Wong stated that Benihana wants to continue to be involved in the
Burlingame community.
Athan Rebelos stated that the bayfront needs to be developed to its full potential and that includes developing
the Enterprise lot. (comment submitted via publiccommentgburlin a�g).
Benihana General Manager Grace Yao stated that Benihana has served its employees and the community
well over the years and wishes to see that continue.
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Mayor O'Brien Keighran asked Mr. Baldwin what would happen to the Burlingame location's employees if
Benihana closes. Mr. Baldwin responded that the employees would be terminated if the lease was
terminated.
Mayor O'Brien Keighran closed public comment.
Vice Mayor Ortiz stated that this issue keeps coming up throughout the years and that he feels that Benihana
is being used as a pawn in these negotiations.
Mayor O'Brien Keighran commented that she is someone who has dealt with the Enterprise issue many
times over the years and is frustrated with it. She noted that there is a lot of development on the bayfront,
and the community has voiced concern. She explained that it might not be the worst thing to have the CUP
extended in order to keep people employed over the next few years. She added that she was open to working
with Enterprise to keep 300 people employed.
Councilmember Beach commented that she read meeting minutes from the 2016 meeting regarding the CUP
extension as a refresher. She noted that at the time, she was worried that the CUP use was not in
Burlingame's vision for the bayfront, and certainly not in the vision for the General Plan. She explained that
the Council is the policy maker and that these documents are created with lots of public outreach. She didn't
think that the Council should go against that vision outlined in the General Plan. She explained that
originally, the use of the Enterprise lot (surface parking), did not meet the conditions required for a CUP, and
that Council approved the CUP on the stipulation that Enterprise work with the City on a vision for the
property. She voiced her support for Benihana continuing to be in Burlingame, but thought that the
Enterprise proposal does not meet the vision for the City.
Councilmember Brownrigg acknowledged that Councilmember Beach raised objections the last time the
City discussed the CUP. He noted that he couldn't imagine extending a CUP for a non -conforming use for
another 20 years.
Councilmember Colson asked about the length of time on the current CUP. CDD Gardiner responded that
the tolling agreement runs through 2025.
Councilmember Colson agreed that preserving the jobs at Benihana is important and that there won't be a lot
of upset people in Burlingame about another 1 million square foot building not being built at this time. She
noted that three years left on the agreement will hopefully allow Enterprise to come up with a proposal that is
not at -grade parking. She added that this issue does not have to be solved tonight. She hoped that if
Enterprise does decide to sell the property, that they give Benihana the chance to buy their property at market
value. She wanted the opportunity for both herself and Councilmember Brownrigg to continue to work with
Enterprise on evolving their plan.
City Manager Goldman stated that this item was just for information and that no action was needed. She
noted that the majority of the Council voiced their concern over the proposal that Enterprise brought forward.
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She reminded everybody that the revised timeline is in effect, and Enterprise has an initial deadline of
October 3, 2022. If Enterprise does not meet that deadline, then penalties will apply.
Mayor O'Brien Keighran asked the subcommittee to continue to meet with Enterprise to try to find a
solution.
c. ADOPTION OF A RESOLUTION APPROVING CHANGES TO THE COMPENSATION
AND BENEFIT PLAN FOR THE CITY OF BURLINGAME DEPARTMENT HEAD AND
UNREPRESENTED CLASSIFICATIONS, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE PLAN ON BEHALF OF THE CITY
Human Resources Director Morrison explained that the compensation and benefit plan for the City of
Burlingame Department Head and Unrepresented Classifications expires on December 31, 2021. She stated
that the proposed plan is a one-year agreement that includes a COLA increase of 2% and has a fiscal impact
of $89,050.
Mayor O'Brien Keighran opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt the resolution; seconded by Vice Mayor Ortiz. The
motion passed unanimously by roll call vote, 5-0.
d. ADOPTION OF AN ORDINANCE REPEALING CHAPTER 2.25 OF TITLE 2 OF THE
BURLINGAME MUNICIPAL CODE TO ELIMINATE THE CITY'S CAMPAIGN
CONTRIBUTION LIMITS AND INSTEAD UTILIZE THE STATE'S PROGRAM (CEOA
DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION
15378,15061(B)(3))
City Clerk Hassel -Shearer gave a brief background of the item. She explained that on August 16, staff asked
Council to discuss whether to amend the City's campaign contribution ordinance or repeal the City's
ordinance and thereby follow the State program outlined by AB 571. Staff asked Council to consider several
questions in regards to amending the City's ordinance including whether to make the contribution limits the
same for both organizations and individuals, simplifying the escalator, and whether to include a specific
enforcement mechanism instead of using the Municipal Code's general provisions. Staff also outlined the
State program created pursuant to AB 571. Under the State program, the Fair Political Practices
Commission ("FPPC") administers and enforces campaign contribution limits. Additionally, the State sets
the campaign contribution limit, which for the upcoming election is $4,900.
City Clerk Hassel -Shearer explained that after discussing the staff report, Council asked staff to bring back
the item with information about what other cities were doing, whether the City could set a total cap on
contributions raised or expenditures, and how to define in -kind contributions. On September 20, staff
brought this item back with answers to all the questions including information as to the campaign finance
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limits for all cities in San Mateo County and Santa Clara County. After discussing the item, the Council, in a
3-2 vote, asked staff to bring back an ordinance repealing the City's campaign contribution ordinance to go
with the State program.
City Clerk Hassel -Shearer explained that at their October 18 meeting, the City Council held a public hearing
to introduce an ordinance repealing the City's campaign contribution ordinance. In a 3-2 vote, staff was
asked to bring back the proposed ordinance for a second reading.
Councilmember Beach asked if the Council decided not to repeal the ordinance, are there any resources that
could be provided to the City Clerk to assist with enforcement. City Clerk Hassel -Shearer replied in the
affirmative. She explained that language should be added to the City's ordinance regarding penalties, and
software could be purchased to streamline the submission of Form 460s. (Candidates and Councilmembers
with an open committee must routinely file Form 460s, which include all contributions above $100 and any
expenditures that they make.)
Vice Mayor Ortiz asked if limits could be created for the total amount raised or for the amount spent. City
Clerk Hassel -Shearer stated that according to case law from the Supreme Court, the City can't institute caps
on how much a candidate can raise. However, she noted that she had researched legislation enacted by other
cities on creating a voluntary expenditure limit. This would ask candidates to sign on to an agreed
expenditure limit.
Councilmember Colson asked where the City posts data about Form 460s. City Clerk Hassel -Shearer stated
that a new State law requires City Clerks to post campaign statements within three days of their due date.
She noted that she is in the process of creating a webpage on the City's website that will be dedicated to
campaign statements. She added that Form 460s are not on the FPPC website.
Councilmember Colson asked if the City tracks candidates' committees if they don't win a seat on the
Council. City Clerk Hassel -Shearer stated that the FPPC issues an annual fee to individuals who keep their
committees open. She explained that in order to close a committee, the individual must file a Form 460 and
a Form 410 with the FPPC. These forms show the FPPC that the committee's account has been zeroed out.
She noted that she also asks that candidates submit this form to her so that she can be aware of who has an
open committee in the City. She added that she has always worked to assist candidates in closing out their
committees and meeting campaign statement deadlines because the process can be confusing to anyone who
hasn't run before.
Councilmember Colson stated that she thought this was a good practice. She asked if she was correct that 14
cities in the county that had opted to follow the State program. City Clerk Hassel -Shearer replied in the
affirmative.
Councilmember Colson stated that an unintended consequence of the law is that in order to get the FPPC
oversight, cities would need to accept the State contribution limits. She asked if the City Clerk felt it would
be worth it in the future to have a conversation to fix that issue. City Clerk Hassel -Shearer replied in the
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affirmative. She explained that she felt the best administrator/enforcer of campaign contribution regulations
is the agency that creates the forms and regulations. And for California that would be the FPPC.
Vice Mayor Ortiz asked if Councilmember Colson was suggesting having City contribution limits that are
enforced by the FPPC.
Councilmember Colson replied in the affirmative.
Councilmember Brownrigg asked if he was correct that most or all of the 14 cities in the county that are
under the State program didn't have their own campaign limits. City Clerk Hassel -Shearer replied in the
affirmative. She explained that many of the cities discussed AB 571 when it became law in order to
determine whether or not to enact their own limits.
Mayor O'Brien Keighran asked if AB 571 states that it is only meant for cities that don't have their own
campaign contribution limits. City Clerk Hassel -Shearer replied that the legislation was put into place to
create limits for those that didn't have limits.
Mayor O'Brien Keighran asked if she was correct that AB 571 didn't prevent cities that had limits from
repealing their ordinance and going with the State. City Clerk Hassel -Shearer replied in the affirmative.
Mayor O'Brien Keighran asked if she was correct that this item was brought to Council partially for the
administrative and enforcement benefits under AB 571. City Clerk Hassel -Shearer stated that she initially
looked into amending the City's campaign contribution ordinance. However, after doing further research on
AB 571 and discussing the benefits with other city clerks, she added the option of repealing the ordinance in
the original staff report.
Mayor O'Brien Keighran opened the item up for public comment.
Former Mayor Terry Nagel stated that she believed the current campaign limits worked and were instituted
because candidates at the time were raising large amounts. She asked that the City keep the current limits in
place.
Mike Dunham voiced appreciation for the number of commenters on this item. He noted that this issue
comes down to the fact that voters don't want to worry about candidates being bought by large interests. He
explained that the public doesn't want to research a candidate's contributions but rather focus on the
candidate's platform. He thought this was accomplished by keeping limits low.
Alvin Begun stated that the Council's focus should be on keeping money out of elections. He asked that the
City maintain their current limits.
Nirmala Bandrapalli urged Council to keep the current limits in place.
Brian Berm urged the Council to keep the current limits in place.
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Former Councilmember Russ Cohen stated that he believed raising the limits would decrease diversity,
equity, and inclusiveness. Therefore, he asked that the Council keep the current limits.
Gerald Weisl asked the Council not to increase the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Tim S. asked the Council not to increase the limits. (comment submitted via
publiccommentgburlin a�g).
Sophia Chiang asked the Council to keep the limits at their current level. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Graham Mudd stated that the Council shouldn't enable a small number of donors to bankroll a campaign.
(comment submitted via publiccomment&burlin ag me.org).
Gerard Manning stated that he vehemently opposed the raising of campaign contribution limits. (comment
submitted via publiccomment@burlin ag me.org).
Kris Cannon stated that now that the City is moving to district elections, candidates don't need high limits to
run their campaign. (comment submitted via publiccomment&burlin ag me.org).
Debbie Hirth stated that the City should try to minimize the cost of elections and re-election campaigns. She
asked the Council not to repeal the City's current limits. (comment submitted via
publiccommentgburlin _ a�g).
Kirk Pessner stated that he didn't believe it was the intent of AB 571 for cities to repeal their local limits to
go with the State. He noted that with district elections, the number of voters a candidate needs to reach is
only 20% of the city. (comment submitted via publiccomment(a�burlin ag me.org).
Deborah Griffith urged the Council to not raise the limits. (comment submitted via
publiccommentgburlin ag me.org).
Gary Rainville stated that with the switch to district elections, raising the limit would give outsized influence
to the wealthy few. (comment submitted via publiccomment&burlin ame.org).
Leslie McQuaide stated that raising campaign contribution limits caters to corporations, special interest
companies, and political groups. She urged the Council not to raise the limits. (comment submitted via
publiccommentkburlin _ ag me.org).
Bruce Thompson stated that with district elections coming, a campaign donation of $4,900 would seem to be
overkill for a single district candidate. (comment submitted via publiccommentgburlin ag me.org).
Ellis A. Schoichet stated that raising campaign contribution limits will dilute the voices of those with less
wealth relative to the voices of those with greater wealth. (comment submitted via
publiccommentgburlin a�g).
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Bobbi Benson stated that smaller districts shouldn't need more money; in fact they should need less money.
She urged the Council not to raise the limits. (comment submitted via publiccommentgburlin _ ag me.org).
Ling-yee and Jeb Gibney urged the Council not to increase the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Louie Schaffer stated that increasing the limits would make it easier for rich candidates to run and urged the
Council not to raise the limits. (comment submitted via publiccommentkburlin a�g).
The Benson family supported not increasing the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Jane G. asked the Council to not increase the limits. (comment submitted via
publiccommentkburlin ag me.org).
Rosanna Myres asked the Council not to raise the contribution limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org.
Krista McCutcheon stated that she is proud that the City is aiming to diversify the voices on Council by
creating election districts and asked the Council to seek advice from potential new candidates prior to
changing the contribution limits. (comment submitted via publiccomment&burlin ag me.org).
Former Councilmember John Root opposed the raising of contribution limits, stating that with district
elections on the horizon, campaign needs should be going down. (comment submitted via
publiccommentgburlin a�g).
Laura Hinz stated that by going to district elections, there are fewer people to campaign to and therefore
higher limits are not needed.
Former Mayor Cathy Baylock stated that the 2007 ordinance was put into place because some of the
candidates were raising large amounts of money. She added that she believed, on the advice of the City
Attorney at the time, that the limits were guidelines and not enforceable. She urged the Council to keep the
current limits in place.
Mayor O'Brien Keighran noted that Assembly Member Mullin was in the audience. She asked if there was a
possibility to look at AB 571 and see if it could be amended. She discussed the possibility of having the
State enforce the limits.
Assembly Member Mullin stated that his understanding is that if there are local limits, it is the responsibility
of the clerks to enforce those limits. He noted that the FPPC has oversight on communities that don't have
their own limit. He explained that he would review potential amendments to the law in regard to
enforcement. He added that the City has always had the ability to enact limits that are reflective of their size.
He explained that this conversation has raised interesting issues in regard to enforcement and administration
of the limits.
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Assembly Member Mullin stated that he was happy to talk with the Council and City Clerk about
improvements to the legislation.
Patricia Brogan urged the Council not to increase the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Stephanie Lee stated that with proposed districts of about 4,000 voting -age residents, campaigns should cost
much less than in the past. She urged the Council not to increase the limits. (comment submitted via
publiccomment&burlin a�g).
Marilyn Elperin asked the Council not to raise limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Debra Donaldson asked the Council not to raise the limits. (comment submitted via
publiccommentgburlin-ag me.org).
Paul Coleman stated that the City needs good people and good ideas running local government, and not
leaders sold to the highest bidder. He urged the Council not to raise the limits. (comment submitted via
publiccomment(&,,burlin ag me.org).
Jennifer LeBlanc asked the Council not to increase the limits as this would create more barriers for less -
connected and less well-off citizens. (comment submitted via publiccommentgburlin-a�g).
Tom Paine and Susan Castner-Paine stated that what is needed is more direct contact between candidates and
Burlingame voters through candidate nights, neighborhood meetings, and canvassing. They stated that what
isn't needed is more money in elections. (comment submitted via publiccomment(&burlin ag me.org).
Ash McNeely urged the Council not to increase the limits. (comment submitted via
publiccomment&burlin ag me.org).
Lucy Palasek stated that current campaign contribution limits help level the playing field and make elected
office attainable to any qualified candidate. She added that district elections will make campaigns less
expensive to run. (comment submitted via publiccommentgburlin-a�g).
Holly Daley urged the Council not to increase the limits, especially in light of an eventual move to district
elections, which is designed to actually lower the cost of running campaigns. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Constance Quirk stated that limits amplify the voices of smaller donors and asked that the Council not
increase the limits. (comment submitted via publiccommentgburlin ag me.org).
Jim Briggs asked the Council not to increase the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
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Jim Brogan stated that the idea behind district elections is to give a greater representation and voice to
certain areas of the city whose interests may be under represented. Therefore, he asked the Council not to
increase the limits. (comment submitted via publiccommentgburlin ag me.org).
Kim Koivisto and John Giere asked the Council not to increase the limits. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Elisa Clowes stated that she was against raising the contribution limits. (comment submitted via
publiccommentgburlin a�g).
Sandra Lang stated that increasing the limits is counterintuitive. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Jim Taschetta urged the Council not to increase the limits. (comment submitted via
publiccoment(kburlin ag me.org).
Kerry Bitner stated that she felt strongly that the limits shouldn't be increased. (comment submitted via
publiccomment(c�r�,burlin ag me.org).
Kerbey Altman asked the Council not to increase the limits. (comment submitted via
publiccommentkburlin ag me.org).
Andrea Gailunas vehemently opposed increasing the limits. (comment submitted via
publiccommentgburlin _ a�g).
Laura Somers asked the Council not to increase the limits as it would create an unfair playing field and
possibly restrict those who can't raise large funds to run for office. (comment submitted via
publiccomment&burlin ag me.org).
Sandra Osumi stated that raising the campaign contribution cap ensures unfair opportunities for "all"
Burlingame residents to be heard. (comment submitted via publiccomment&burlin ag me.org).
Mayor O'Brien Keighran closed public comment.
Vice Mayor Ortiz stated that it has been a while since the Council discussed an item that garnered this much
attention. He explained that he felt that the public had spoken, and the Council needed to pay attention. He
noted that the public has stated campaign limits are important, and the Council should find a way to assist the
City Clerk with enforcement.
Vice Mayor Ortiz stated that he would consider reducing limits with the move to district elections.
Mayor O'Brien Keighran stated that the former Mayor had discussed whether the current campaign limits
were enforceable or were guidelines at the time they were adopted. City Attorney Guina replied that his
reading of the ordinance is that the limits are currently enforceable.
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Councilmember Colson thanked Assembly Member Mullin for taking time out of his evening to attend the
Council meeting. She noted that she is glad that he is open to having a conversation with the City Clerk and
Mayor about how to strengthen the law. She suggested that he also consider stratifying the limits by city
population. She noted that this would allow more cities to have lower limits while still having the
enforcement from FPPC.
Councilmember Colson stated that she believed this was a productive conversation and heard loud and clear
that the public wanted limits. She explained that if the City's campaign contribution limit for citywide
election was approximately $700, it would make sense to decrease the number for district elections. She
suggested that the Council consider decreasing the limits to $250 or $300 for both individuals and
organizations.
Councilmember Colson also stated that she would like to see voluntary expenditure limits. She noted that
her last campaign raised $50,000, which was more than she needed. She added that she can roll those funds
over to the next election, which benefits the incumbent. Therefore, she asked that the Council consider an
expenditure limit.
Mayor O'Brien Keighran stated that for her, the discussion was about the enforcement and administration of
the program. She noted that the City Clerk does a great job with elections and ensuring that the candidates'
paperwork is done correctly. However, she added that the City Clerk is in an awkward position when it
comes to enforcing limits. Therefore, knowing that the Assembly Member was willing to work with the City
on that portion, she was fine with the City's current campaign contribution limits.
Mayor O'Brien Keighran stated that she agreed with her colleagues' suggestion that because the City is
moving to district elections, the City should decrease the limits. She added that she would also like to see
voluntary expenditure limits.
Mayor O'Brien Keighran stated that she believed it was a voter's responsibility to review the candidate's
Form 460s. She thanked the City Clerk for posting the 460s under their respective election.
Mayor O'Brien Keighran discussed how donations under $99 don't have to be listed on Form 460s. She
explained that she thought this should be changed by the legislation in order to create more transparency.
Councilmember Brownrigg thanked his colleagues for listening to the public. He noted that he has a great
deal of faith in the City Clerk in handling election -related matters. He stated that the City Clerk is no one to
mess with, but that he wants to make her life easier. He asked that the City's campaign contribution
ordinance be amended. He agreed that individuals and organizations should be treated equally. He added
that he looks forward to the discussion of what the limits should be in the context of district elections.
Councilmember Brownrigg thanked the public for showing up and making their voices heard on this issue.
Councilmember Beach stated that she appreciates colleagues' suggestions to amend the City's current
campaign contribution ordinance. She thanked the public for coming out and engaging on this issue.
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Mayor O'Brien Keighran asked if the City Clerk had been given direction on this item. City Clerk Hassel -
Shearer replied in the affirmative.
Mayor O'Brien Keighran noted that she would also like to set up a follow up meeting with Assembly
Member Mullin, City Manager Goldman, and City Clerk Hassel -Shearer on this item.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
12. FUTURE AGENDA ITEMS
Councilmember Beach asked that staff bring back a campaign contribution ordinance prior to the 2022
election. The Council agreed to agendize this item.
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.burlin ag me.org.
14. ADJOURNMENT
Mayor O'Brien Keighran adjourned the meeting at 10:35 p.m.
Respectfully submitted,
/s/
Meaghan Hassel -Shearer
City Clerk
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