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BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on November 15, 2021
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at
7:01 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by ACA Spansail.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz
MEMBERS ABSENT: O'Brien Keighran
4. REPORT OUT FROM CLOSED SESSION
There was no closed session.
5. UPCOMING EVENTS
Vice Mayor Ortiz reviewed upcoming events in the city.
6. PRESENTATIONS
a. PRESENTATION OF THE VETERANS DAY CERTIFICATES
Vice Mayor Ortiz read the certificates of the four Veterans or members currently serving in the U.S Armed
Forces being honored tonight:
• Anthony Bruno — U.S Navy — 1949-1951
• Dr. Dan Glatt — U.S Navy — 1992-1999
• Travis Smith — U.S Air Force — Current
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• Scott Spansail — U.S Army JAG Corps — 2014-2020 — Reserve 2020 to present
b. PRESENTATION BY THE YOUTH ADVISORY COMMITTEE ("YAC")
Recreation Supervisor Claudia Vega introduced the Youth Advisory Committee ("YAC"). She noted that
the following students would be presenting:
• Ethan — BHS junior
• Ashley — BHS sophomore
• Maddie — BHS senior
Ashley explained that the YAC has 13 members and that their duty is to address concerns and interests of
youth in the Burlingame community. She stated that YAC hopes to include the Youth Advisory Board
(YAB) in their meetings and events. She mentioned that the YAB is a sub -committee of teens that were not
selected for YAC. She stated that they had 13 applications for only nine open positions on YAC.
Ethan discussed YAC's initiative regarding teen mental health. He explained that mental health is important
to teens and the community since it affects how they think, feel, act, handle stress, relate to others, and make
healthy choices. He stated that on the application to join YAC, one of the questions was: what is the biggest
issue affecting teens today. He explained that a reoccurring answer was mental health.
Maddie discussed some of the events that YAC participated in from September to December including:
• Thera -Puppy in the Park — a partnership with the Peninsula Humane Society bringing therapy dogs to
the park
• Egg-tober Event — YAC packed and delivered bags filled with eggs, candy, and crafts to families that
purchased them for their kids
• The Muddy Mile - YAC and YAB helped with welcoming attendees, event check -in, supporting kids
along the track, and clean up.
Councilmember Beach thanked YAC for their great work. She voiced support for YAC's focus on mental
health.
Councilmember Brownrigg thanked YAC for their leadership. He asked YAC to let City Council know if
there is anything they can do to help.
Councilmember Colson thanked YAC for their wonderful work. She noted that lots of kids in her
neighborhood were excited for the Thera -Puppy Event.
Vice Mayor Ortiz thanked YAC for all their work in the community and for giving the update.
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c. UNITED AGAINST HATE PROCLAMATION
Vice Mayor Ortiz read the proclamation recognizing the week of November 14 through November 20, 2021
as United Against Hate Week.
City Librarian McCulley accepted the proclamation on behalf of the Library and all the staff that helped plan
all of the events throughout United Against Hate Week.
7. PUBLIC COMMENTS, NON -AGENDA
Citizens of San Mateo County Gun Buy Back representative Danielle Lacampagne discussed their upcoming
event on December 11, from 10:00 a.m. to 2:00 p.m. in San Carlos at 1000 Skyway Road.
Greg commented that a house on Winchester Way has been converted into an illegal short-term rental.
Sandra Lang commented on the City's districting process and about the weight given to public feedback
given at the hearings. (comment submitted via publiccomment(c�burlin ag me.org)
8. APPROVAL OF CONSENT CALENDAR
Vice Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the
Consent Calendar.
Councilmember Brownrigg commented that he is looking forward to a holistic conversation in relation to the
fees as he believes it is a very important issue. No items were removed from the Consent Calendar.
Councilmember Brownrigg made a motion to adopt the items on the Consent Calendar; seconded by
Councilmember Beach. The motion passed by roll call vote, 4-0-1. (Mayor O'Brien Keighran was absent).
a. APPROVAL OF CIY COUNCIL MEETING MINUTES FOR THE NOVEMBER 1, 2021
THIRD DISTRICT ELECTION HEARING
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the November 1,
2021 Third District Election Hearing.
b. APPROVAL OF MEETING MINUTES FOR THE NOVEMBER 1, 2021 REGULAR
MEETING
City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the November 1,
2021 Regular Meeting.
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c. ADOPTION OF AN ORDINANCE AMENDING TITLE 8 OF THE BURLINGAME
MUNICIPAL CODE BY ADDING A CHAPTER 8.15 (ORGANIC WASTE DISPOSAL
REDUCTION); (CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA
GUIDELINES SECTIONS 15061(B)(3) AND 15308
Sustainability Coordinator Michael requested Council adopt Ordinance Number 1999.
d. ADOPTION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH THE SOUTH BAYSIDE WASTE
MANAGEMENT AUTHORITY FOR THE IMPLEMENTATION OF SB 1383 AND A
MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SAN MATEO FOR
THE IMPLEMENTATION OF AN EDIBLE FOOD RECOVERY PROGRAM (CEOA
DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELIENS SECTIONS
15878(b)(5), 15061(b)(3), AND 15308)
Sustainability Coordinator Michael requested Council adopt Resolution Number 137-2021 and Resolution
Number 138-2021.
e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH
GRIFFIN STRUCTURES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
NEW COMMUNITY CENTER INCREASING THE AMOUNT BY $275,000 FOR A TOTAL
NOT -TO -EXCEED AMOUNT OF $1,373,580
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 139-2021.
f. ADOPTION OF A RESOLUTION SUPPORTING THE BAY AREA SEAMLESS TRANSIT
PRINCIPLES
City Manager Goldman requested Council adopt Resolution Number 140-2021.
g. ADOPTION OF A RESOLUTION APPROVING THE 2021 SAN MATEO COUNTY MULTI -
JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN
Public Works Director Murtuza requested Council adopt Resolution Number 141-2021.
h. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND
COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS
FOR THE PUBLIC
City Clerk Hassel -Shearer requested Council adopt Resolution Number 142-2021.
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i. ADOPTION OF A RESOLUTION APPROVING THE ANNUAL REPORT ON THE STATUS
OF IMPACT FEES COLLECTED AS OF JUNE 30, 2021, PURSUANT TO THE
MITIGATION FEE ACT (GOVERNMENT CODE SECTION 66000 ET SEW, AND
MAKING REQUIRED FINDINGS RELATED TO THE CITY'S DEVELOPMENT IMPACT
FEES
Finance Director Yu -Scott requested Council adopt Resolution Number 143-2021.
j. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE PLANNING
COMMISSION
City Manager Goldman requested Council open the nomination period to fill one vacancy on the Planning
Commission.
k. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE LIBRARY BOARD OF
TRUSTEES
City Manager Goldman requested Council open the nomination period to fill one vacancy on the Library
Board of Trustees.
1. QUARTERLY INVESTMENT REPORT, PERIOD ENDING SEPTEMBER 30, 2021
Finance Director Yu -Scott requested Council accept the Quarterly Investment Report, period ending
September 30, 2021.
9. PUBLIC HEARINGS
a. ADOPTION OF A RESOLUTION ESTABLISHING SEWER RATES FOR CALENDAR
YEARS 2022, 2023, AND 2024
DPW Murtuza reviewed the background on the proposed resolution and sewer rate changes. He explained
that there are 8,201 sewer rate payers in the City, and that it would take 4,102 protests of rate payers to make
a majority protest. He stated that the City Clerk received nine protests and that the City Clerk will confirm
the total number of protests at the conclusion of the public hearing.
DPW Murtuza explained that the Sewer Enterprise Fund provides funding to operate and maintain the
sanitary sewer conveyance infrastructure and the wastewater treatment facility. He stated that the Sewer
Enterprise Fund also provides funding for the sewer system's capital improvement program ("CIP") and debt
service used for sewer infrastructure and wastewater treatment facility improvements. He noted that the
Burlingame sewer system is made up of approximately 100 miles of pipelines, seven pump stations, and a
wastewater treatment facility. He commented that many of the City's pipelines are 70 to 100 years old, and
that the treatment facility is approximately 80 years old. He stated that the recently updated Sewer System
Master Plan has identified capital projects estimated at approximately $137 million (in current dollars) of
backlog through 2040 that needs to be addressed.
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DPW Murtuza stated that the City has not had a sewer rate increase in approximately nine years and has one
of the lowest sewer rates in the Bay Area. He explained that at the September 7, 2021 Council meeting, staff
received direction from Council to bring back a rate increase of 9% annually through 2024.
DPW Murtuza introduced Alex Handlers from Bartle Wells Associates, the consulting firm, that helped the
City through the process.
Mr. Handlers stated that there are no water rate changes needed at this time, only sewer rate changes. He
noted that Bartle Wells Associates is an independent consulting firm that specializes in helping
municipalities.
Mr. Handlers pointed out that Burlingame's water and sewer utilities are self-supporting enterprise funds,
and that the rates need to be set at adequate levels to support each utility's operating, maintenance, debt
service, and capital funding needs. He stated that there has been no sewer rate increase since 2012. He
commented that Burlingame customers are billed bi-monthly for water, sewer and garbage.
Mr. Handlers explained how the City utilizes the water and sewer payments:
Water Expenses
SFPUC Water Supply
$8.5m
43%
Operating & Maintenance
$5.7m
29%
Capital Imrovements
$3.5m
18%
Debt Service
$2.1m
10%
Sewer Expenses
Operation & Maintenance
$5.1m
30%
Capital Imrovements
$4.7m
28%
Wastewater Treatment
$4.4m
27%
Debt Service
$2.6m
15%
Mr. Handlers explained that his firm studied the City's rates and funding needs. Bartle Wells Associates
made the following findings:
• No water rate increase needed at this time
• Sewer rate increases needed over the next three years
• Sewer rate structure updated to align rates for each customer class with the cost of service
Mr. Handlers explained that currently Burlingame has one of the lowest sewer rate costs in San Mateo
County. He stated that the primary reason for the rate increase is the sewer facilities and capital needs:
• Sewer facilities:
o Collection system: 95 miles of pipelines, seven pump stations
o Wastewater Treatment Plant: Serves Burlingame, half of Hillsborough & Burlingame
Hills SMD (operated by Veolia)
o Effluent disposal via North Bayside System Unit (NBSU)
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o Significant backlog of aging infrastructure
• Master plans and engineering analysis identified substantial wastewater system capital
improvement needs
o Wastewater Treatment Plant master plan update (2016)
o Wastewater collection system master plan update (2021)
o Highest priority needs total $63 million over first five years (with 3% cost escalation)
Mr. Handlers reviewed the sewer rate study findings:
• Developed 10-year financial projections to identify future funding needs & evaluate rate increases
needed to fund the cost of providing service
• Rate increase needed to support operating and capital funding needs
o Costs have increased over the past nine years with no corresponding rate increases
o Funding needed for high -priority capital improvements
• Proposed rate increases: 9% per year for next three years
• Sewer rate structure updated to align rates for each customer class with the cost of providing
service
o Due to sewer rate structure adjustments, rates for some customer classes increase more
than others
• With proposed increases, sewer rates for typical single family homes will remain low compared
to other San Mateo County agencies
Mr. Handlers gave an overview of the proposed sewer rates.
Proposed Sewer Rates
Proposed Sewer Rates Effective On or After
Current Sewer
Rates
January 1
2022
January 1
2023
Januaryl
2024
Single Family Residences and Duplexes
Volumetric rates per 1,000 gallons billed based on a 3-year average of water use from bills between
January to April, subject to a minimum bi-monthlycharge
Single Family/Duplex
$12.25
$13.58
$14.91
$16.25
Commercial/Other Customers
Volumetric rates per 1,000 gallons of metered water use, subject to a minimum bi-monthly charge
Multi -Unit Residential
$11.45
$13.05
$14.65
$16.25
Light Commercial
$13.53
$14.44
$15.35
$16.25
Moderate/Heavy
$21.97
$23.80
$25.63
$27.45
Food Related
$32.59
$34.14
$35.69
$37.24
Institutional/Schools/Churches
$4.80
$6.71
$8.62
$10.52
Minimum Bi-Monthly Charge
The minimum charge only applies when volumetric sewer rates result in a charge that is lower than the
minimum
Minimum Bi-Monthly Charge
1 $24.50
$27.16
$29.82
$32.50
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Monthly Equivalent 1 $12.25 $13.58 1 $14.91 $16.25
Mr. Handlers stated that even with the new proposed increase, Burlingame's rate will still be one of the
lowest in the County. He explained the sewer rates for new residential accounts:
• Single family homes and duplexes are billed based on a three-year average of winter water use from
bills between January and April (minimal outdoor irrigation)
• New customers have no historical data
• Proposed charges would be applied until the first year of usage data is available for the City's annual
billing update.
Mr. Handlers reviewed the timeline of the rate increase process:
• August 17 — Public Works Committee and Finance Committee Meeting
• September 7 — City Council Study Session
• September 30 - Notices mailed to property owners and ratepayers
• November 15 — Public Hearing and consideration of proposed rates
• Rate increases subject to "majority protest"
• If adopted, new rates would become effective starting January 1, 2022, with subsequent increases
effective January 1, 2023, and January 1, 2024.
Vice Mayor Ortiz opened the item up for public comment.
Christopher commented that he wanted a better breakdown of the charges between both the water and sewer
rate charges. He noted he was against the proposed increases.
Vice Mayor Ortiz asked if taking the average of the three winter months is the normal way to calculate
usage. Mr. Handlers responded in the affirmative. DPW Murtuza added that it is the industry standard.
Laura Hinz commented that she is against the proposed rate increases. She wanted to see a vision beyond
the three years that was being provided.
Vice Mayor Ortiz asked for staff to review the Sewer CIP. DPW Murtuza reviewed the City's 30-year
master plan that includes smaller segments broken down into five- and ten-year plans. He explained that the
smaller segments are more concise, concrete, and have a better break down of the associated costs. He noted
that Council could choose to adopt a five-year increase, but the idea behind a three-year increase is that it
allows the City to go back and reevaluate if increases are needed. He noted that the City's current sewer
rates compared to other cities' rates speaks volume to how the City has handled the finances for operation
and maintenance. He added it is rare that a city goes this long without a rate increase.
Vice Mayor Ortiz closed public comment.
Councilmember Brownrigg thanked the public for their comments. He acknowledged that the City has some
of the lowest rates in the county. He asked that the City re-evaluate whether billing should be done every
month instead of every two.
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Vice Mayor Ortiz asked how many protests the City received. City Clerk Hassel -Shearer replied that there
were nine written protests and two voiced protests for a total of I L She added that this wasn't a majority.
Councilmember Colson stated that she is in favor of transparency and asked City Manager Goldman and
DPW Murtuza how the City alerts the public to these types of changes. She noted that the two -month billing
cycle makes it hard to compare with people in nearby cities that are billed every month.
Councilmember Beach thanked Mr. Handlers and DPW Murtuza for the presentation. She asked if the
average increase for a single-family home is approximately $4.50. Mr. Handlers responded that it ends up
being closer to a $5.00 per month increase.
Councilmember Beach stated that this is an increase of approximately $60.00 per year. She stated that she
supports the increase and thanked everyone for their hard work.
Vice Mayor Ortiz asked about the two -month billing cycle. DPW Murtuza explained that staff bills on a
two -month billing cycle because it reduces the cost of mailing. He added that the residents receive the
benefit of those savings. Finance Director Yu -Scott added that the two -month billing cycle also saves on
personnel costs.
Councilmember Brownrigg made a motion to adopt Resolution 144-2021; seconded by Councilmember
Colson. The motion passed by roll call vote, 4-0-1. (Mayor O'Brien Keighran was absent).
b. INTRODUCTION OF AN ORDINANCE PROVIDING A COMPREHENSIVE UPDATE OF
TITLE 25 (ZONING) OF THE BURLINGAME MUNICIPAL CODE, AND UPDATE OF
THE CITY OF BURLINGAME ZONING MAP (CEQA DETERMINATION: NO FURTHER
CEQA ANALYSIS REQUIRED PURSUANT TO STATE CEQA GUIDELINES SECTION
15168, 15162, 15183)
CDD Gardiner reviewed the background of the updated zoning ordinance. He explained that the zoning
ordinance update is part of a larger effort that started with the General Plan update. He stated that the
General Plan update was adopted in 2019, and now the zoning code update is ready. He noted that the
zoning code update is a restructuring of the entire zoning code, making the code easier to use.
CDD Gardiner stated that since the Council reviewed the zoning code update on November 1, two sections
were added:
• Chapter 25.103 - Developer Indemnification
• Chapter 25.104 — Development Agreements
CDD Gardiner stated that on Friday, November 12, a memo was sent to City Council with suggested edits in
regard to sea level rise goals and policies. He noted that these edits arise from continued discussions with
the Bay Conservation and Development Commission ("BCDC"). He explained that the City wants to align
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with BCDC's approach to bayfront development. He added that the City has shared these edits with
developers who have ongoing projects along the shoreline so no one is surprised.
Councilmember Colson discussed how some of the property lines along the bayfront go into the bay and
have weird interaction with other property lines. She asked if setbacks start from the shoreline. CDD
Gardiner replied in the affirmative. He added that the 100 feet is measured from the shoreline, and BCDC
has a definition of shoreline.
Councilmember Beach thanked staff for all their work on this item and for listening to the input on
community benefits in relation to the increased floor area ratio. She asked if there is a mechanism where a
labor agreement can be considered a community benefit. CDD Gardiner explained that there is a catch-all at
the end under Flexible Community Benefit. He stated that the benefit should be proportional to the increased
development capacity provided and that the flexible benefit is there for things that haven't been thought of
yet.
Councilmember Beach asked if undergrounding utilities fell under this provision. CDD Gardiner responded
in the affirmative.
Vice Mayor Ortiz 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 and introduce the ordinance; seconded
by Councilmember Colson. The motion passed by roll call vote 4-0-1. (Mayor O'Brien Keighran was
absent).
Vice Mayor Ortiz opened the public hearing.
Jennifer Pfaff commented on the tree growth corridor along the railroad tracks.
Virginia Calkins thanked staff, Council, and One Shoreline for all the work that went into the zoning
ordinance.
Vice Mayor Ortiz closed the public hearing.
Councilmember Beach asked City Attorney Guina if there was any specific language needed to adopt a
motion with the One Shoreline edits. City Attorney Guina responded that if Council is willing to accept the
edits, that the motion should incorporate the suggested edits as the first reading.
Councilmember Beach asked about the suggested edit from the public in relation to the tree growth corridor
along the railroad tracks. CDD Gardiner responded that the tree growth corridor should be zoned as open
space and not railroad corridor. City Attorney Guina added that if the Council is willing to make the edit
now and is clear on the section that should be changed, then that can be part of the motion tonight.
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Councilmember Beach made a motion to bring back the ordinance for a second reading, incorporate the One
Shoreline edits, correct the land use designation along the rail corridor, any other clean up language in the
ordinance, and include language change to the community benefits chapter to include utility undergrounding
and labor agreements as possible selections; seconded by Councilmember Colson.
Councilmember Brownrigg stated that he preferred to leave the community benefits language alone as it
gives more flexibility to future councils.
Councilmember Beach commented that her motion includes language in the community benefits that reflect
utility undergrounding and labor agreements in the stated options of community benefits.
Councilmember Colson stated that she was not comfortable with her second if the community benefit
language was being amended.
Councilmember Beach withdrew her original motion.
Councilmember Beach made a motion to bring back the ordinance for a second reading, incorporate the One
Shoreline edits, and correct the land use designation along the rail corridor as suggested by the public;
seconded by Councilmember Colson. The item passed by roll call vote, 4-0-1. (Mayor O'Brien Keighran
was absent).
Vice Mayor Ortiz thanked staff and colleagues for all the hard work on getting this item to the finish line.
10. STAFF REPORTS
a. APPOINTMENT TO FILL ONE VACANCY ON THE MOSQUITO AND VECTOR
CONTROL BOARD
City Manager Goldman stated that the position is up for appointment due to the resignation of Board member
Joe Galligan.
Vice Mayor Ortiz opened the item up to public comment. No one spoke.
City Clerk Hassel -Shearer asked Council to text her their votes. She read their votes.
Congratulations to Irena Gilligan for her appointment to the Mosquito and Vector Control Board.
b. APPOINTMENT TO FILL ONE VACANCY ON THE TRAFFIC, SAFETY AND PARKING
COMMISSION
City Manager Goldman stated that there is one vacancy due to the expired term of Commissioner Howard
Wettan, who elected to not re -apply. She explained that two applicants were interviewed: Matthew Swatzell
and Prentice Ng. The appointee term will be for three years, ending on November 6, 2024.
Vice Mayor Ortiz opened the item up to public comment. No one spoke.
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City Clerk Hassel -Shearer asked Council to text her their votes. She read their votes.
Congratulations to Prentice Ng on his appointment to the Traffic, Safety and Parking Commission.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
There were no announcements.
12. FUTURE AGENDA ITEMS
Vice -Mayor Ortiz asked staff to bring back a staff report regarding the benefits and costs of billing monthly
versus every month. Council agreed to agendize the 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
Vice -Mayor Ortiz adjourned the meeting at 8:36 p.m.
Respectfully submitted,
/s/
Meaghan Hassel -Shearer
City Clerk
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