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HomeMy WebLinkAboutMin - CC - 2021.11.15CITY BURLI NGAME Y ,- n Tljk,�.-Y 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 1 • 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. 2 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. 3 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. 4 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. 5 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) 6 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 7 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. 8 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 0 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. 10 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. 11 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 12