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HomeMy WebLinkAboutAgenda Packet - CC - 2023.04.17• City of Burlingame BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME F, BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, April 17, 2023 7:00 PM Council Chambers/Zoom Consistent with Government Code Section 54953, this City Council Meeting will be held via Zoom in addition in person. To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting from home or attend the meeting in person. Below is information on how the public may observe and participate in the meeting. To Attend the Meeting in Person: Location: 501 Primrose Road, Burlingame, California 94010 To Observe the Meeting via Zoom: To access the meeting by computer. Go to www.zoom.us/join Meeting ID: 829 7853 2677 Passcode:469760 To Access the Meeting by Phone: Dial 1-669-900-6833 Meeting ID: 829 7853 2677 Passcode:469760 To Provide Public Comment in Person: Members of the public wishing to speak will be asked to fill out a "Request to Speak" card located on the table by the door and then hand it to staff. The provision of a name, address, or other identifying information is optional. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. To Provide Public Comment via Zoom: During the meeting, public comment may be made by members of the public joining the meeting via Zoom. Zoom access information is provided above. Use the "Raise Hand" feature (for those joining by phone, press "9" to "Raise Hand) during the public comment period for the agenda item you wish to address. The Zoom Host will call on people to speak by name provided or the last four digits of the phone number for dial -in attendees. Speakers are limited to three minutes each, however, the Mayor may adjust the time limit in light of the number of anticipated speakers. City of Burlingame Page 1 Printed on 4/13/2023 City Council Meeting Agenda - Final April 17, 2023 To Provide Public Comment via Email: Members of the public may provide written comments by email to publiccomment@burlingame.org. Emailed comments should include the specific agenda item on which you are commenting. Note that your comment concerns an item that is not on the agenda. The length of the comment should be commensurate with the three minutes customarily allowed for verbal comments which is approximately 250-300 words. TO ensure that your comment is received and read to the City Council for the appropriate agenda item, please submit your email no later than 5:00 p.m. on Monday, April 17, 2023. The City will make every effort to read emails received after that time but cannot guarantee such emails will be read into the record. Any emails received after the 5:00 p.m. deadline which are not read into the record will be provided to the City Council after the meeting. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers/Online To access the meeting by computer: Go to www.zoom.us/join Meeting ID: 829 7853 2677 Passcode:469760 To access the meeting via phone: Dial 1-669-900-6833 Meeting ID: 829 7853 2677 Passcode:469760 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS a. Proclamation Recognizing Eva Chen 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. City of Burlingame Page 2 Printed on 4/13/2023 City Council Meeting Agenda - Final April 17, 2023 a. Approval of the City Council Meeting Minutes for the March 20, 2023 City Council Meeting Attachments: Meeting Minutes b. Approval of City Council Meeting Minutes for the April 3, 2023 City Council Meeting Attachments: Meeting Minutes C. Adoption of a Resolution Authorizing the City Manager to Enter into a Service Agreement with On -Camera Productions for Video Coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings Attachments: Staff Report Resolution Agreement Scope of Services d. Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Conference Technologies, Inc. for Backup Power and Power Conditioners for Council Chamber Equipment in the Amount of $9,830.10 Attachments: Staff Report Resolution Agreement Proposed Amendment Conference Technologies, Inc. Proposal 9. PUBLIC HEARINGS (Public Comment) a. Public Hearing and Resolution of the City Council of the City of Burlingame Adjusting the Storm Drainage Fee for Fiscal Year 2023-24 by 2.0% Based on the CPI - San Francisco Area as Published on March 14, 2023 Attachments: Staff Report February 2023 CPI b. Introduction of an Ordinance Renewing the Burlingame Police Department Military Equipment Use Policy; CEQA Determination: Exempt Pursuant to State CEQA Guidelines Sections 15378, 15061(b)(3) Attachments: Staff Report Exhibit A Military Equipment Use Policy List of Military Equipment Exhibit B BPD 2022 Annual Military Equipment Report Ordinance City of Burlingame Page 3 Printed on 4/13/2023 City Council Meeting Agenda - Final April 17, 2023 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consideration of Two Appointments to the Measure I Citizens' Oversight Committee Attachments: Staff Report b. Consideration of Appointment to the Plannina Commission Attachments: Staff Report C. Appointment of a Director to the Boards of the Bay Area Water Conservation Agency and the Bay Area Regional Water Financing Authority Attachments: Staff Report BAWSCA Appointment Letter d. Consideration of a Surveillance Technology Ordinance Attachments: Staff Report Minutes 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Councilmembers report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS The agendas, packets, and meeting minutes for the Planning Commission, Traffic Safety & Parking Commission, Beautification Commission, Parks & Recreation Commission, and the Library Board of Trustees are available online at www.burlingame.org. 14. ADJOURNMENT Notice: Any attendees who require assistance, a disability related modification, or language assistance in order to participate in the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, April 17, 2023 at (650) 558-7203 at mhasselshearer@burlingame.org. Any individual who wishes to request an alternate format for the agenda, meeting notice, or other writings that are distributed at the meeting should contact Meaghan Hassel -Shearer, City Clerk by 10:00 a.m. on Monday, April 17, 2023 at (650) 558-7203 or at mhasselshearer@burlingame. org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, the materials related to it, and your ability to comment. NEXT CITY COUNCIL MEETING Regular City Council Meeting on Monday, May 1, 2023 at 7:00 p.m. VIEW REGULAR COUNCIL MEETING ONLINE www.burlingame.org/video City of Burlingame Page 4 Printed on 4/13/2023 City Council Meeting Agenda - Final April 17, 2023 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection via www.burlingame.org or by emailing City Clerk Meaghan Hassel -Shearer at mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or through email, contact the City Clerk at (650) 558-7203. City of Burlingame Page 5 Printed on 4/13/2023 CITY G BURLINGAME 'yc 0os BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on March 20, 2023 1. CALL TO ORDER Agenda Item: 8a Meeting Date: April 17, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in the Council Chambers and via Zoom Webinar at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by City Arborist Holtz. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Brownrigg reviewed upcoming events in the city. 6. PRESENTATIONS a. UPDATE FROM FORMER REPRESENTATIVE SPEIER ON THE FOUNDATION FOR WOMEN AND l'1-111 r)RFN Mayor Brownrigg introduced former Representative Jackie Speier. Former Representative Speier thanked the Council for all the wonderful resources Burlingame has to offer. She noted that she and her pup love the off -leash dog area of Washington Park. She gave a brief overview of National Women's History Month, which can be traced back to 1857 and garment factory protests in 1 Agenda Item: 8a Meeting Date: April 17, 2023 New York City. She explained that in 1978, Sonoma County held the first Women's History Day. In 1980, President Carter created the first National Women's History Week, and in 1987, Congress created National Women's History Month. Former Representative Speier explained that the first woman to vote in California voted 52 years before women had won the right to vote. She continued that the woman, Charley Parkhusrt, born Charlotte Parkhurst, voted in the Grant election of 1868. Former Representative Speier discussed the importance of passing the Equal Rights Amendment. She noted that the United States is the only industrialized nation with a written constitution that does not have an equal rights amendment. Former Representative Speier explained that she has shifted her focus to local issues. She explained that San Mateo County is the richest county in California, and the fourth richest county in the country. She listed off some San Mateo County statistics: • in 2020, food stamp utilization went up 41%, which was the highest increase of any county in California • Single -parent households are home to approximately 25,000 children • 39% of San Mateo County families do not meet San Mateo County self-sufficiency standards Former Representative Speier stated that the Federal poverty level is a family of four living on $30,000 a year. She explained that this formula dates back to 1960 and does not consider housing or childcare; it is solely based on food. She is hoping to update this formula. She explained that the County self-sufficiency guidelines take the monetary amount to over $100,000 per -year, and this leaves a large segment of the population ineligible for benefits. Former Representative Speier stated that in 2021, domestic violence in San Mateo County increased by 20%. She stated that 68,000 children in San Mateo County (roughly 43% of children in San Mateo County) have suffered from trauma/an adverse experience. She noted that a majority of individuals experiencing poverty are women with children. Former Representative Speier stated that she is focusing on changing laws in California to help with childcare. She discussed conversations she has had with single parents about working two jobs to support their family and not being able to find adequate housing. Former Representative Speier discussed the fact that the critical time period for brain development for humans is age zero to two. She stated that the County has to have more resources available for children in that age range. Former Representative Speier stated that she would be announcing the creation of a new foundation to help address the issues she had discussed. Agenda Item: 8a Meeting Date: April 17, 2023 Former Representative Speier stated that she hopes to have a child poverty summit to discuss strategies for addressing child poverty. She added that her goal is to create pilot programs that will focus on children aged zero to two in order to give them the best start possible. Vice Mayor Colson stated that to donate to the Jackie Speier Foundation, individuals can contact infoiackiespeierfoundation@gmail.com. Mayor Brownrigg opened the item to public comment. No one spoke. The Council thanked former Representative Speier for her work. b. UPDATE FROM PARKS AND RECREATION ON RECENT WIND STORM AND TREES City Arborist Holtz stated that he has worked with the City of Burlingame for 22 years and started as City Arborist on January 1, 2023. He explained that this year has seen unprecedented storm events. He noted that to lose so many trees at one time forces the City to triage with the following response prioritization: • Life safety • Property damage • Public thoroughfare access City Arborist Holtz discussed the first level of prioritization, which is life safety. He noted that with these storms, staff has seen trees in active failure, such as on February 21 in Washington Park, and trees that have brought down electrical wires. He explained that before a tree can be removed, staff needs to ensure that the wires are de -energized so that no one gets hurt. City Arborist Holtz next discussed property damage. He noted that the perils of having an urban forest is that cars and homes can be damaged. He stated that staff was working as quickly as possible to assist people to ensure limited damage to their property. City Arborist Holtz discussed public thoroughfare access. He explained that the downed trees on El Camino Real and other roads forced the City to close streets until power lines can be de -energized and the trees removed. He noted that staff has been working closely with PG&E to re -open streets and get everyone back online. City Arborist Holtz reviewed some of the numbers from the March 14 storm: • 109 tree -related calls • Parks staff dispatched to over 45 locations • 5 fallen trees on El Camino Real • 14 calls related to private tree issues • 25 whole tree failures of City trees Agenda Item: 8a Meeting Date: April 17, 2023 • 8 trees of immediate concern due to wind stress, which resulted in the voluntary evacuation of four properties City Arborist Holtz discussed the team effort to take care of the community during the storms. He thanked Veronica Flores for all her hard work in answering the public's phone calls and feeding information to staff. City Arborist Holtz stated that there were a lot of calls for private tree issues. He noted many private trees had fallen onto the public thoroughfare or onto a neighbor's property. He stated that private trees should really be dealt with by the individual; however, if the tree is a safety issue, staff will respond as needed. City Arborist Holtz stated that in the most recent storm, the City lost 25 whole trees, with Bayside Park losing 20. He explained that 17 of the trees that were lost in Bayside Park were in a grove together. He noted that no one was injured, and damage was minimal. City Arborist Holtz stated that since January, staff has been monitoring the City's trees for active failures. He explained that during the February 21 storm, staff saw active movement in the soil around trees on Easton Drive. He added that in the last storm, two trees were removed due to active movement: one on Burlingame Avenue, and one in Washington Park. He noted that a tree needed to be removed on Easton Drive, but staff needed to first work with PG&E to de -energize the power lines. City Arborist Holtz outlined the plan going forward: • Continue storm clean-up, response, and tree removals • Continue maintenance program, including accelerated inspection of larger tree groves • Consider all mitigation measures to balance benefits and risk • Systematic replacement of trees with sustainable choices • Learn from experience; utilize staff in an expeditious manner City Arborist Holtz reviewed the inspection cycle for trees. He explained that the city is broken up into sections, and each tree is scheduled for pruning and inspection at least once every four years. He noted that areas with large groves are on an accelerated maintenance program and are inspected every two years. Councilmember Ortiz thanked City Arborist Holtz and asked about the replacement of the eucalyptus trees. City Arborist Holtz replied that the Blue Gum Eucalyptus trees grow very large and have a shallow root system. Therefore, the City won't replace those with new Blue Gum Eucalyptus trees but instead will pick a similar tree. Councilmember Stevenson thanked City Arborist Holtz and his team for all their hard work. He asked if the density of groves is a factor in tree failure. City Arborist Holtz replied that the groves are delicate, and the trees depend on one another. Therefore, if you remove some trees in a grove, you need to prune the other trees to improve the wind load being taken by them. 4 Agenda Item: 8a Meeting Date: April 17, 2023 Councilmember Stevenson asked what the signs of whole tree failure are. City Arborist Holtz replied that members of the public should look at the soil to see if there are openings in the soil. He noted that if an individual sees this, they should stand back and contact the police department. Vice Mayor Colson stated that large trees on private property are a real issue. She explained the costs associated with maintaining these large trees and how it can be too high for some homeowners. She suggested putting together a fund to assist homeowners with tree maintenance in order to avoid damage to public property. Councilmember Beach stated that while the Parks staff aren't usually considered first -responders, this is exactly what they are in storms. She thanked staff for their hard work. Mayor Brownrigg opened the item up for public comment. Sandra Lang discussed the need to prioritize street and sidewalk cleanings after storms to ensure pedestrian access. Jennifer Pfaff thanked City Arborist Holtz and his crew for all their hard work. She discussed the importance of undergrounding utilities. Mayor Brownrigg closed public comment. Mayor Brownrigg asked about the Caltrain trees that line the railroad tracks. City Arborist Holtz replied that Caltrain has been very responsive and helpful. 7. PUBLIC COMMENTS, NON -AGENDA There were no public comments. 8. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No item was removed. Councilmember Ortiz made a motion to adopt the Consent Calendar; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 6. 2023 CLOSED SESSION Agenda Item: 8a Meeting Date: April 17, 2023 City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 6, 2023, Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 6. 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 6, 2023 Regular City Council Meeting. c. ADOPTION OF A RESOLUTION ACCEPTING THE 2022 SIDEWALK REPAIR PROGRAM BY J.J.R. CONSTRUCTION, INC., CITY PROJECT NO. 86250 DPW Murtuza requested Council adopt Resolution Number 027-2023. d. ADOPTION OF A RESOLUTION TO QUITCLAIM AN EXISTING EASEMENT AND ACCEPT ANEW CITY MAINTENANCE ACCESS EASEMENT AT 555 AIRPORT BOULEVARD DPW Murtuza requested Council adopt Resolution Number 028-2023. e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES (HDL) TO INCLUDE BUSINESS LICENSE TAX AND TRANSIENT OCCUPANCY TAX OPERATIONS MANAGEMENT. DISCOVERY, AND AUDIT SERVICES Finance Director Yu -Scott requested Council adopt Resolution Number 029-2023. f. ADOPTION OF A RESOLUTION APPROVING AMERICAN LIBRARY ASSOCIATION CONFERENCE OUT OF STATE TRAVEL City Librarian McCulley requested Council adopt Resolution Number 030-2023. g. ADOPTION OF A RESOLUTION AUTHORIZING PERSONNEL CHANGES AND APPROVING AN AMENDED SALARY SCHEDULE FOR MERIT CLASSIFICATIONS Human Resources Director Saguisag-Sid requested Council adopt Resolution Number 031-2023. h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUBSURFACE SHORING AND CRANE OPERATION AGREEMENT FOR 1766 EL CAMINO REAL WITH CP VIII 1766 ECR. LLC ("CARMEL PARTNERS" Assistant City Attorney Spansail requested Council adopt Resolution Number 032-2023. ll Agenda Item: 8a Meeting Date: April 17, 2023 L ADOPTION OF A RESOLUTION APPROVING DESIGNATION OF APPLICANT'S AGENTS FOR NON - STATE AGENCIES Finance Director Yu -Scott requested Council adopt Resolution Number 033-2023. j. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA. INC. FOR PLAN CHECK AND BUILDING INSPECTION SERVICES FOR FISCAL YEAR 2022-2023 TO INCREASE THE CONTRACT AMOUNT BY $1,000,000, FOR A TOTAL COMPENSATION ENTIRELY PAID BY APPLICANTS, NOT TO EXCEED $2,560,000, TO COVER EXPECTED EXPENSES RELATED TO MULTIPLE LARGE CONSTRUCTION PROJECTS CDD Gardiner requested Council adopt Resolution Number 034-2023. k. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ICF JONES & STOKES, INC. (ICF) TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT BUILDING AT 1499 BAYSHORE HIGHWAY IN THE AMOUNT OF $173,212.60 CDD Gardiner requested Council adopt Resolution Number 035-2023. I. AUTHORIZE THE MAYOR TO SEND A LETTER IN SUPPORT OF SB 511 (BLAKESPEAR) RELATED TO GREENHOUSE GAS EMISSION INVENTORIES Sustainability Program Manager Michael requested Council approve a letter of support for SB 511 related to greenhouse gas emission inventories. 9. PUBLIC HEARINGS a. ADOPTION OF A RESOLUTION APPROVING THE VACATION OF A TEN -FOOT -WIDE PUBLIC UTILITY EASEMENT AT 1669 AND 1699 OLD BAYSHORE HIGHWAY AND A FIVE -FOOT -WIDE PUBLIC UTILITY EASEMENT AT 821 MALCOM ROAD DPW Murtuza stated that there are public utility easements ("PUEs") located within the private property of 1669 and 1699 Old Bayshore Highway and 821 Malcolm Road. He explained that the PUEs were offered for dedication and accepted by the City in 1959. This allowed the City and other utility companies the right to maintain, operate, replace, remove, or renew public utility facilities. DPW Murtuza stated that the developer of the property requested to vacate the easements in preparation for a lot combination to construct two multi -story buildings involving an office/research and development project, with new improvements extending over the easements. He explained that to date, no private or 7 Agenda Item: 8a Meeting Date: April 17, 2023 public utilities are located within the PUEs, and to staff's knowledge, there are no future plans for private or public utilities in the PUEs. He added that the ten -foot -wide and five -foot -wide public utility easements have no existing City facilities. Mayor Brownrigg opened the item up to public comment. No one spoke. Vice Mayor Colson made a motion to adopt Resolution Number 036-2023; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0. b. INTRODUCTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE AND ESTABLISHING A TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS IMPROVEMENT DISTRICT THROUGH DECEMBER 31. 2023: CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(B)(3) CDD Gardiner explained that the Economic Development Subcommittee discussed the possibility of a smoking ban in the commercial districts at their November 17, 2022, meeting after the idea was proposed by Broadway Business Improvement District (BID) President John Kevranian. Mr. Kevranian stated that he received complaints regarding smoking on the sidewalks. CDD Gardiner stated that the proposed ordinance banning smoking in the Broadway Business Improvement District wouldn't be limited to Broadway and instead would extend to some of the side streets where businesses are located. He explained that the pilot program would be for approximately eight months ending December 31, 2023. CDD Gardiner stated that after the pilot phase, the Council could decide whether or not to make the program permanent. He added that the Council could also discuss whether to extend the program to other commercial districts in the city. CDD Gardiner stated that it is important to note that the City Council would be using their police power to provide for the public health, safety, and welfare of Burlingame citizens by discouraging the inherently dangerous effects of second-hand cigarette smoke. He noted for that reason, any extension of the program would need to consider applying the ban to other pedestrian -oriented districts in the city, including Burlingame Avenue. Mayor Brownrigg opened the item up for public comment. Mr. Kevranian voiced his support for the ban. (Comment submitted via publiccomment@burlingame.org). Mayor Brownrigg closed public comment. 0 Agenda Item: 8a Meeting Date: April 17, 2023 Vice Mayor Colson asked about the termination date of the ordinance and about extending it in the future. ACA Spansail replied that staff would come back to Council in September or October with an update and recommendations on the future of the program. Councilmember Beach made a motion to bring the ordinance back for a second reading and adoption; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. APPROVAL OF THE PRIORITIES IDENTIFIED DURING THE FY 2023 - 2024 GOAL -SETTING SESSION, CONFIRMATION OF APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES. AND CONFIRMATION OF CITY COUNCIL ASSIGNMENTS City Manager Goldman thanked Assistant to the City Manager Kirshner for helping with the Goal Setting meeting and putting together the staff report. She explained that at the City Council's annual Goal -Setting Session, each Councilmember presented a small idea and a big idea that they wanted the City to work on in the coming years. She noted that after the meeting, Mayor Brownrigg met with Mr. Kirschner and herself to discuss each of the ideas and create a plan of action. City Manager Goldman discussed the iceberg slide and reminded Council about the amount of work staff does on a day-to-day basis to keep the City moving. City Manager Goldman reviewed the small ideas that the Council suggested and their progress: Lighting for Basketball Court at Washington Park: Mayor Brownrigg's small idea is installing lighting at the basketball court in Washington Park. Parks and Recreation Director Glomstad will investigate the cost of installing the lighting and whether funds from the City's Capital Improvement Program will be required. Paid City Internships: Vice Mayor Colson's small idea is paid City internships. While the City has a number of paid interns at any given time, City Manager Goldman or a designee will draft a memo regarding the current status of interns at the City. Repair of Fence Along El Camino Real: Councilmember Ortiz's small idea is the removal or repair of the fence running along the east side of El Camino Real, from Murchison Drive to Trousdale Drive. The fence is in disrepair and borders an arterial road. Since El Camino Real is maintained by the California Department of Transportation (Caltrans), the Public Works Department will work with Caltrans to address issues with the fence. Home Electrification: Councilmember Beach's small idea is incentivizing residents to electrify their homes. The City can create a list of priorities for electrification and identify necessary steps to complete all of the Agenda Item: 8a Meeting Date: April 17, 2023 items on the list. Sustainability Program Manager Michael will work with Peninsula Clean Energy and other local entities and community organizations to identify available rebates and incentives. Promotion of the Arts and Cultural Events: Councilmember Stevenson's small idea is promotion of the arts and cultural events in the city. He noted that the Town Square will be an excellent place to host events once it is completed. Parks and Recreation Director Glomstad will brief the City Council at the appropriate time about how the City will utilize the Town Square. The Parks and Recreation Department, the Library, the Chamber of Commerce, and the Burlingame Woman's Club all currently host cultural events within the city. City Manager Goldman next reviewed the Council's big ideas: Shuttles: Mayor Brownrigg's big idea is to create a local shuttle system with frequent service. The City Council will create the Shuttle Subcommittee to explore the feasibility and logistics of shuttles. The Subcommittee will be staffed by the Public Works Department and the Planning Division of the Community Development Department. Water Reuse and Retention: Vice Mayor Colson's big idea is water conservation and recycling. New developments can incorporate elements that will utilize less water and can use recycled water for landscaping. Additionally, the City could utilize recycled water for parks. Councilmember Ortiz's big idea is stormwater retention and collection. Since these two ideas are so closely related, the City Council will create the Water Reuse and Retention Subcommittee. Additionally, the City recently applied for federal funding to conduct a feasibility study of a wastewater reclamation facility. Vision Zero: Councilmember Beach's big idea is the creation and adoption of a "Vision Zero" policy. This means that the City will set a goal of eliminating all traffic fatalities and severe injuries. The City Council will create a joint Vision Zero Subcommittee with the Traffic, Safety, and Parking Commission and the City Council, which will be staffed by the Public Works Department, with assistance from the Planning Division of the Community Development Department as necessary. Equal Attention and Resources for All Neighborhoods: Councilmember Stevenson's big idea is ensuring equal attention to all neighborhoods for parks and recreation and other City resources. Since district elections ensure that all areas of the city are represented on City Council, going forward, this issue should be mitigated. City Manager Goldman stated that to address several of the big ideas, the Mayor called for the creation of three new subcommittees: • Shuttle Subcommittee • Vision Zero Subcommittee • Water Reuse and Retention Subcommittee 10 Agenda Item: 8a Meeting Date: April 17, 2023 She noted that the new subcommittees will dissolve in two years. However, the Council may revisit the date of dissolution. City Manager Goldman reviewed the list of subcommittees and assignments: • Broadway Grade Separation: Beach and Ortiz (most work completed, will meet only as needed) • City Hall: Colson and Ortiz • Sea Level Rise: Brownrigg and Colson • Shuttles: Brownrigg and Beach • Vision Zero: Beach and Stevenson • Water Reuse and Retention: Ortiz and Stevenson • El Camino Real (dissolved; work shifts to full Council) • Rollins Road (dissolved) City Manager Goldman stated that funding for the identified big ideas may include a combination of City General Fund monies, the Capital Improvement Program, state and federal grants, and other sources. Vice Mayor Colson thanked Mayor Brownrigg. She liked the idea of having the subcommittees dissolving after two years, as it lines up with elections. Mayor Brownrigg opened the item up for public comment. No one spoke. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 12. FUTURE AGENDA ITEMS There were no future agenda items. 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.burlingame.org. 14. ADJOURNMENT Mayor Brownrigg adjourned the meeting at 8:37 p.m. in memory of Rocky Robinson. Respectfully submitted, 11 Agenda Item: 8a Meeting Date: April 17, 2023 Meaghan Hassel -Shearer City Clerk 12 CITY 0 BURLINGAME �Nai[o J BURLINGAME CITY COUNCIL Unapproved Minutes Regular City Council Meeting on April 3, 2023 1. CALL TO ORDER Agenda Item: 8b Meeting Date: April 17, 2023 A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom Webinar at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by John Kevranian. 3. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION There was no closed session. 5. UPCOMING EVENTS Mayor Brownrigg reviewed upcoming events in the city. 6. PRESENTATIONS There were no presentations. 7. PUBLIC COMMENTS. NON -AGENDA Donald Ackley voiced concern about the bike lanes on California Drive and how they would impact residents and businesses on California Drive. (Comment received via publiccomment@burlingame.org). 1 Agenda Item: 8b Meeting Date: April 17, 2023 8. APPROVAL OF CONSENT CALENDAR Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. No items were removed. Councilmember Beach made a motion to approve the Consent Calendar; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 15, 2023 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 15, 2023 Closed Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 15. 2023 REGULAR CITY COUNCIL MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 15, 2023 Regular City Council Meeting. c. ADOPTION OF AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL CODE AND ESTABLISHING A TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS IMPROVEMENT DISTRICT THROUGH DECEMBER 31, 2023; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(b)(3) CDD Gardiner requested Council adopt Ordinance Number 2016. d. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME MASTER FEE '•��I:Ix�1�I��Ir�I:i�:1�►•I�t��►ZI����1e1�'[�e�:7e�►D�j�i�:1�1�I 3�[�l:[�_�:TI►[�lr�I:���L�I:Ie�trhli;U7f•I�►�� FOR MAY 1. 2023 Finance Director Yu -Scott requested Council adopt Resolution Number 037-2023. e. ADOPTION OF A RESOLUTION OF INTENTION TO LEVY BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2023-24; SETTING A PUBLIC HEARING FOR MAY 1, 2023; AND APPROVING THE DISTRICT'S ANNUAL REPORT FOR 2022-23 Finance Director Yu -Scott requested Council adopt Resolution Number 038-2023. 9. PUBLIC HEARINGS Agenda Item: 8b Meeting Date: April 17, 2023 There were no public hearings. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION APPROVING THE INSTALLATION OF A PUBLIC ART SCULPTURE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ART DONATION ACCEPTANCE AGREEMENT City Librarian McCulley described a piece of art entitled "Offering Site" that the Lorenzato Family was donating to the Library. He explained that the sculpture weighs close to a ton and is made of Carrara Bardiglio marble. City Librarian McCulley and Vice Mayor Colson discussed how Ray Lorenzato's artwork would be displayed at other locations including Filoli Gardens. City Librarian McCulley stated that the artwork would be placed outside the Library. He noted that a base would be built, and an epoxy would be added to protect the artwork from the weather/sun. He added that the artwork would include a plaque. Councilmember Stevenson asked if the plaque would include educational information about the artwork. City Librarian McCulley replied in the negative. He explained that the family asked that the plaque include artist name, date, and the title. He stated that he would work with staff to figure out a way to educate the public. Vice Mayor Colson discussed the possibility of creating a QR code inside the lobby of the Library that discusses the Library's collection of art and where each piece is located. Mayor Brownrigg opened the item up for public comment. No one spoke. Mayor Brownrigg thanked City Librarian McCulley for assisting in getting this piece of artwork donated to the City. Councilmember Stevenson made a motion to adopt Resolution Number 039-2023; seconded by Vice Mayor Colson. The motion passed unanimously by roll call vote, 5-0. b. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SWA GROUP IN THE AMOUNT OF $617,150 FOR CONSTRUCTION DOCUMENTATION AND BID PHASE SERVICES FOR A TOWN SQUARE PROJECT ON CITY PARTY LOT E. CITY PROJECT NO. 86120. AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT: TRANSFERRING FROM THE GENERAL FUND RESERVE TO THE CAPITAL PROJECT FUND: AND APPROPRIATING $800,000 IN THE CAPITAL PROJECT FUND FOR THE AGREEMENT AND RELATED ACTIVITIES CDD Gardiner stated that there are usually four design phases in a construction project: Agenda Item: 8b Meeting Date: April 17, 2023 1. Conceptual Design 2. Schematic Design 3. Design Development 4. Construction Documents He explained that the City just finished the Design Development phase of the project. He stated that staff from several departments including Community Development, Parks and Recreation, and Public Works collaborated on this project. CDD Gardiner reviewed a site plan for the Town Square. He noted that the square includes a grand plaza and a grove with seating. He reviewed the planting plan for the project. He stated that the selected plants are drought tolerant and colorful. He added that a hedge would be planted along the wall to help create the Town Square. CDD Gardiner discussed the lighting for the project. He stated that there would be uplighting of the trees and string lights. He added that there would be a figurative creek lighting feature. He noted that the creek light feature was a projection and could be traded out to include falling leaves in the fall and other images. CDD Gardiner stated that the project includes a water feature. He noted that while staff considered several different types of water features, they settled on a water wall for maintenance, drought concerns, and because with the right materials, it would be aesthetically pleasing even if it wasn't running. He explained that the water wall is also part of a multi -use building that includes two bathrooms and storage for equipment. Vice Mayor Colson asked if it was possible to shift the restrooms to the end of the building so that there isn't a door in the middle of the water feature. CDD Gardiner replied in the affirmative. CDD Gardiner reviewed the different materials that would be used in the project. He also displayed pictures of the different tables, chairs, and lounge areas that would be included in the project. He added that bean bag toss, foosball, and ping pong tables would be included. CDD Gardiner showed renderings of the square from different angles. CDD Gardiner reviewed the different construction documents that would be necessary for this project. He noted that the cost of construction documents is roughly $617,500. CDD Gardiner stated that the public could find out more about the project at www.burlingame.org/townsguare. Councilmember Stevenson asked about the utility of the space to allow different events. CDD Gardiner stated that the Park Road side of the square allows for market stalls and an extension of the Farmer's Market. He also discussed the ability to have stages for performances. 4 Agenda Item: 8b Meeting Date: April 17, 2023 Councilmember Beach asked about the project's timeline. CDD Gardiner stated that he believed construction would begin in early 2024. Vice Mayor Colson asked about the overall cost of the Town Square project. City Manager Goldman stated that the City received $2 million in funding from the developer, $1 million from then Assemblymember Kevin Mullin as part of the State budget, $750,000 from former Representative Jackie Speier as part of the Federal appropriation, and potentially $500,000 from the County via Supervisor Dave Pine. Mayor Brownrigg asked about the lawn that is in front of the Post Office building. CDD Gardiner stated that it is considered part of the historic site, and therefore options are limited on what can be done with that piece of land. Mayor Brownrigg asked about the large benches that might attract overnight sleeping. CDD Gardiner stated that the Town Square would be monitored, and the benches are designed to not be comfortable for sleeping. Mayor Brownrigg opened the item up for public comment. Jennifer Pfaff stated that she had thought the stage would be a permanent fixture but guessed that the Council could work with the developer on this. Mayor Brownrigg closed public comment. Councilmember Ortiz made a motion to adopt Resolution Number 040-2023; seconded by Vice Mayor Colson. The motion passed unanimously by roll call vote, 5-0. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reviewed their committee appointments. 12. FUTURE AGENDA ITEMS There were no future agenda items. 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.burlingame.org. 14. ADJOURNMENT Agenda Item: 8b Meeting Date: April 17, 2023 Mayor Brownrigg adjourned the meeting at 7:53 in memory of John Clinton Jr. Respectfully submitted, Meaghan Hassel -Shearer City Clerk N. BURL- INGAME AGENDA NO: 8c STAFF REPORT MEETING DATE: April 17, 2023 To: Honorable Mayor and City Council Date: April 17, 2023 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution Authorizing the City Manager to Enter into a Service Agreement with On -Camera Productions for Video Coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetinas RECOMMENDATION Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to enter into a service agreement with On -Camera Productions for video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings. BACKGROUND For several years, the City utilized the services of On -Camera Productions to provide video coverage of City Council and Planning Commission meetings. Originally, the meetings were recorded with a single camera, and the tapings were aired on Wednesday nights on cable. Later, upon the Council's request to provide greater access to the public, On -Camera Productions began recording and airing the meetings live with the use of multiple cameras. On -Camera Productions was able to keep the same rates when they switched to the multi -camera live feed. In 2017, the City Council asked that the Traffic, Safety & Parking Commission meetings also be filmed and streamed live. Video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings is important because it ensures transparency, provides access to the government, and assists in dispersing information. By entering into a service agreement with On -Camera Productions, the City will be able to continue providing this service to the community. During the pandemic, the City Council and Commissions met via Zoom. The meetings were accessible to members of the public via Zoom and YouTube. This proved to be successful, with members of the public being able to access and participate in City meetings from their own homes. On February 28, 2023, Governor Newsom ended the State's COVID-19 State of Emergency. As a result of this termination, the City Council and Commissions returned to in -person meetings. However, to accommodate the public's desire to continue to participate in government meetings 1 On -Camera Productions Service Agreement April 17, 2023 remotely, staff installed technology in the Council Chambers to allow for hybrid meetings. A camera operator is still required. The City Clerk conducted a survey of how neighboring cities provided coverage of their hybrid meetings. It was determined that cities either provided video coverage of meetings in-house or contracted with a few different companies in the area. After reviewing competitors' pricing, staff determined that On -Camera Production provided the best offer with reliable service. The service agreement does not have an annual cost. Instead, the agreement establishes the prices of services that the City may incur for the next three years. In Fiscal Year 2017-2018, the City paid On -Camera Productions $35,285 for video coverage. DISCUSSION The proposed three-year service agreement will allow the City to continue providing live coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings. Additionally, it allows for the coverage of special meetings that are held off -site and on weekends. If approved, the contract will be effective through April 18, 2026. FISCAL IMPACT The fiscal impact of the three-year agreement is not precisely known as the City will incur costs based on what services it requests from On -Camera Productions. It can be estimated that the fiscal impact of the three-year agreement will be approximately $110,000 based on the FY 2017- 18 cost of $35,285. Exhibits: • Resolution • Agreement • Scope of Services 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH ON -CAMERA PRODUCTIONS FOR VIDEO COVERAGE OF CITY COUNCIL, PLANNING COMMISSION, AND TRAFFIC, SAFETY & PARKING COMMISSION MEETINGS WHEREAS, On -Camera Productions provides video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings; and WHEREAS, the City is committed to ensuring that residents have easy and reliable access to video recordings of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings; and WHEREAS, staff determined that On -Camera Productions provides competitive rates and reliable service; and WHEREAS, On -Camera Productions also provides video coverage of special meetings that are held off -site on the weekend; and WHEREAS, the service agreement shall be effective through April 18, 2026; and WHEREAS, in FY 2017-18, the City paid On -Camera Productions $35,285 for video coverage of over 60 meetings; and WHEREAS, it is expected that the total cost of the service agreement will be approximately $110,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: The City Manager is hereby authorized to execute a three-year service agreement with On -Camera Productions to provide video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission meetings. Michael Brownrigg, Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17th day of April, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Meaghan Hassel -Shearer, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND ON -CAMERA PRODUCTIONS THIS AGREEMENT is by and between On -Camera Productions and the City of Burlingame, a public body of the State of California ("City"). On -Camera Productions and City agree: 1. Services. City wishes to obtain the services of On -Camera Productions to provide video coverage of City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings; On -Camera Productions may provide video coverage for other meetings as requested by City and agreed by On -Camera Productions. On -Camera Productions shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. On -Camera Productions agrees to perform all of the Scope of Services herein required of On -Camera Productions for $395 per meeting with an additional $65 in'/2 hour increments or fractions thereof past the hour of 9:00 p.m. The City and On -Camera Productions may work together to video meetings outside of the weeknight City Council, Planning Commission, and Traffic, Safety & Parking Commission Meetings for an amount that will be agreed upon by both parties to compensate for additional setup and uploading of the video. On -Camera Productions shall submit invoices on a monthly basis. All bills submitted by On -Camera Productions shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and signature of Lee Thompson of On -Camera Productions. 3. Term. This Agreement commences on full execution hereof and terminates on April 18, 2026 unless otherwise extended or terminated pursuant to the provisions hereof. On - Camera Productions agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the On -Camera Productions' control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of On -Camera Productions. Neither this Agreement nor any interest herein may be assigned or subcontracted by On -Camera Productions without the prior written approval of City. It is expressly understood and agreed by both parties that On -Camera Productions is an independent contractor and not an employee of the City. 5. Insurance. On -Camera Productions, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. On -Camera Productions shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. Except in the case of professional design/errors and omissions insurance, the City shall be named as a primary insured. 6. Indemnification. On -Camera Productions shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of On -Camera Productions, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of On -Camera Productions to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve On -Camera Productions from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to On -Camera Productions. In the event of such termination, On -Camera Productions shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon On -Camera Productions' delivery to City of any or all materials described herein. In the event On -Camera Productions ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, On -Camera Productions shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. On - Camera Productions shall be paid for the reasonable value of the authorized Services performed up to the time of On -Camera Productions' cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, On -Camera Productions shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. On - Camera Productions shall return all City property in On -Camera Productions' control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, On -Camera Productions shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. On -Camera Productions warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of On -Camera Productions, its employees, agents, or subcontractors by law, On -Camera Productions warrants that such license has been obtained, is valid and in good standing, and On -Camera Productions shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. On -Camera Productions warrants and covenants that On - Camera Productions presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, On -Camera Productions shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. On -Camera Productions further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both On -Camera Productions and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) 3 depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by facsimile, in which case notice shall be deemed delivered upon confirmation of receipt by the sending facsimile machine's acknowledgment of such with date and time printout; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either party may, by written notice, change the address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, On -Camera Productions and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 ON -CAMERA PRODUCTIONS Name Address By: By: 4 Lisa Goldman City Manager Date: Attest: Meaghan Hassel -Shearer City Clerk Approved as to form: Michael Guina City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions Name Title Date: Federal Employer ID Number: License Number: Expiration Date: On -Camera Production Services 330 Primrose Road Suite 214 Burlingame, CA 94010 650 348-8001 This Video Production Agreement is made effective as of April 18, 2023 (the "Effective Date") by and between On Camera Productions and the City of Burlingame. Description of Services Beginning on April 18, 2023 through April 18, 2026, On -Camera Productions will continue to provide to the City of Burlingame weekly Two -Camera LIVE Telecast/Webcast services of public meetings. Performance of Services On -Camera Productions will provide live video operation for City Council Meetings at 7:00 p.m. each 1 st and 3rd Monday in the calendar month, City Planning Commission Meetings at 7:00 p.m. each 2nd and 4th Monday in the calendar month, and Traffic,Safety & Parking Commission Meetings at 7:00 p.m. each 2nd Thursday in the calendar month. On -Camera Productions will utilize the existing remote cameras / switcher and will maintain the same standards and pricing as has been provided in recent years. OCP can be available for additional meetings upon request. Lee Thompson, of On -Camera Productions will continue to attend when necessary, any pertinent discussions on technical matters with other service providers such as Comcast, AT&T, Granicus, or any other vendors associated with the overall infrastructure of the Telecast/ Webcast at no additional cost to the city. All past terms and conditions remain the same. As such time that Lee Thompson cannot attend for any reason, he will provide a production experienced and competent substitute for the evening of each City Council or Planning Commission, or TSPC meeting. Payment City of Burlingame agrees to pay On Camera Productions, a base fee of $ 395 per meeting in consideration for services to be rendered by On -Camera Productions. As has been the case, the City of Burlingame will pay On Camera Productions an additional $ 65 in 1/2 hour increments past the hour of 9pm if applicable. On-CameraProductions will set aside in advance all Monday evenings to cover the City Council and Planning Commission meetings noting that there are no gatherings on any 5th Monday in a given calendar month. If a Monday falls on a holiday, services for the next calendar business evening will commence and On Camera Productions will reschedule for that evening. Any other video work outside the normally scheduled meetings will be handled separately, and invoiced accordingly depending on services rendered. Relationship of Parties It is understood by the parties that On Camera Productions is an independent contractor with respect to the City of Burlingame. BURL- INGAME AGENDA NO: 8d STAFF REPORT MEETING DATE: April 17, 2023 To: Honorable Mayor and City Council Date: April 17, 2023 From: Meaghan Hassel -Shearer, City Clerk — (650) 558-7203 Subject: Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Conference Technologies, Inc. for Backup Power and Power Conditioners for Council Chamber Equipment in the Amount of $9,830.10 RECOMMENDATION Staff recommends that the City Council adopt the resolution authorizing the City Manager to execute an amendment to the agreement with Conference Technologies, Inc. for backup power and power conditioners for Council Chamber equipment in the amount of $9,830.10. BACKGROUND On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter -in -place order, requiring all non -essential personnel to work from home. Staff quickly worked to set up Zoom meetings for all City Council and Commission meetings. The Zoom meetings allowed the Council and Commissions to continue to conduct City business from the safety of members' homes. The Zoom meetings allowed residents to access meetings from their phones or electronic devices and participate in these meetings. Staff set up several ways for individuals to participate including emailing publiccomment(a)burlingame.org, chatting the host (this feature was later removed due to abuse of the feature), and in -meeting commenting. Overall, staff has seen an increase in public participation and attendance. This has been particularly noticeable on items of high interest in the community where members of the public were able to participate from their college towns, on vacation, and while preparing dinner for their family. Additionally, holding meetings via Zoom allowed staff to schedule consultants' presentations more easily, as the consultants did not need to travel to the city. 1 Amendment to Agreement with Conference Technologies, Inc. April 17, 2023 On October 18, 2021, the City Council approved entering into an agreement with Conference Technologies, Inc. ("CTI") to provide software and equipment that would allow for hybrid meetings in the Council Chambers. This software was installed in summer 2022. The City Council held its first hybrid meeting (in person and via Zoom) on December 19, 2022. Due to winter travel and the increase in COVID-19 cases, the City Council and Commissions returned to remote meetings for January and February 2023. Governor Newsom's Declaration of a State of Emergency was terminated at the end of February 2023. This termination required government bodies to return to in -person meetings. Therefore, beginning in March 2023, the City Council and Commissions returned to in -person meetings. The government bodies that meet in the Council Chambers (City Council, Planning Commission, and Traffic, Safety & Parking Commission) all conducted hybrid meetings to allow members of the public to participate from home. Beginning in December 2022, the State faced unprecedented rain and wind storms. These storms resulted in power outages and power surges. As a result, the equipment that CTI installed has suffered such complications as screens not turning on, the main panel needing reboots, and other equipment failures. CTI and the City's IT consultant have been able to restart the equipment so that hybrid meetings could continue. However, a longer -term solution is needed. nisri issinm Staff from the City Clerk's Office, Facilities, and IT met with CTI regarding power concerns in the Council Chambers. CTI proposes the following upgrades to the City's equipment: • Two power conditioners where the audiovisual equipment is located to provide protection from surges and power outages, • One UPS Backup power install • d as an extra layer of back up for surges and protection for audio visual equipment. The total cost for these upgrades is $9,830.10. Staff recommends amending the City's current contract with CTI to account for the increased cost and services. It is hoped that with these upgrades, the audiovisual equipment in the Council Chambers will be protected against future storms. FISCAL IMPACT The fiscal impact of this proposed amendment is $9,830.10. This would increase the total cost of the contract to $144,830.10. The City is utilizing PEG fee revenues to fund this project as it was determined by Finance that the upgrades are capital improvements to the City's video and audio system. Exhibits: • Resolution 2 Amendment to Agreement with Conference Technologies, Inc. April 17, 2023 • Agreement • Proposed Amendment • Conference Technologies, Inc. Proposal RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH CONFERENCE TECHNOLOGIES, INC. (CTI) FOR BACKUP POWER AND POWER CONDITIONERS FOR COUNCIL CHAMBERS EQUIPMENT IN THE AMOUNT OF $9,830.10 WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, in response to the Governor's Executive Order, staff worked quickly to set up Zoom meetings for all City Council and Commission meetings; and WHEREAS, holding meetings via Zoom allowed residents to access meetings from their phones or electronic devices and participate in these meetings; and WHEREAS, staff saw an increase in public participation and found it easier to schedule consultants as they don't have to travel to Burlingame for a meeting; and WHEREAS, Council asked staff to look into ways of allowing the public to continue to utilize Zoom to participate in meetings once the Council and Commissions returned to in -person meetings; and WHEREAS, at the October 18, 2021 meeting, the City Council approved entering into an agreement with CTI to upgrade the Council Chambers' audiovisual equipment in order to support hybrid meetings; and WHEREAS, due to rain and wind storms, the equipment has suffered from power surges and outages; and WHEREAS, in order to protect the equipment and ensure that the City can continue to provide hybrid meetings, backup power and power conditioners are needed; and WHEREAS, because the upgrades are capital improvements to the City's video and audio system, the City can utilize PEG fee revenues to fund this project; and WHEREAS, it is expected that the amendment to the CTI agreement will cost the City $9,830.10. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES RESOLVE AS FOLLOWS: The City Manager is hereby authorized to execute an amendment to the service agreement with Conference Technologies, Inc., for an additional $9,830.10 for necessary upgrades to the Council Chambers in order to allow for hybrid meetings. Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the 17th day of April, 2023, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND CONFERENCE TECHNOLOGIES INC. THIS AGREEMENT is by and between CONFERENCE TECHNOLOGIES, INC. ("CTI") and the City of Burlingame, a public body of the State of California ("City"). CTI and City agree: 1. Services. City wishes to obtain the services of CTI to upgrade the Council Chambers in order to allow for hybrid meetings (in person and via Zoom or another similar platform. CTI shall provide the Services set forth in Exhibit A, attached hereto and incorporated herein. 2. Compensation. Notwithstanding the expenditure by CTI of time and materials in excess of said Maximum compensation amount, CTI agrees to perform all of the Scope of Services herein required of CTI for $135,000.00 , including all materials and other reimbursable amounts ("Maximum Compensation"). CTI shall submit invoices at the following project milestones: 60% upon City approval of this Agreement, and then progress billing. All bills submitted by CTI shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred and the CTI's signature. 3. Term. This Agreement commences on full execution hereof and terminates on October 20, 2024 unless otherwise extended or terminated pursuant to the provisions hereof. CTI agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. Time extensions for delays beyond the CTI's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator prior to the expiration of the specified completion date. 4. Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement is the professional reputation and competence of CTI. Neither this Agreement nor any interest herein may be assigned or subcontracted by CTI without the prior written approval of City. It is expressly understood and agreed by both parties that CTI is an independent contractor and not an employee of the City. 5. Insurance. CTI, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof, acceptable to the City, the insurance coverages specified in Exhibit B, "City Insurance Requirements," attached hereto and incorporated herein by reference. CTI shall demonstrate proof of required insurance coverage prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance and original endorsements to City. Except in the case of professional design/errors and omissions insurance, the City shall be named as a primary insured. 6. Indemnification. CTI shall indemnify, defend, and hold City, its directors, officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of, pertaining or relating to the negligence, recklessness or willful misconduct of CTI, its employees, subcontractors, or agents, or on account of the performance or character of the Services, except for any such claim arising DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 out of the sole negligence or willful misconduct of the City, its officers, employees, agents, or volunteers. It is understood that the duty of CTI to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Notwithstanding the foregoing, for any design professional services, the duty to defend and indemnify City shall be limited to that allowed pursuant to California Civil Code section 2782.8. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CTI from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 7. Termination and Abandonment. This Agreement may be cancelled at any time by City for its convenience upon written notice to CTI. In the event of such termination, CTI shall be entitled to pro -rated compensation for authorized Services performed prior to the effective date of termination provided however that City may condition payment of such compensation upon CTI's delivery to City of any or all materials described herein. In the event the CTI ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the Services described in this Agreement, CTI shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement. CTI shall be paid for the reasonable value of the authorized Services performed up to the time of CTI's cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. 8. Ownership of Materials. All documents, materials, and records of a finished nature, including but not limited to final plans, specifications, video or audio tapes, photographs, computer data, software, reports, maps, electronic files and films, and any final revisions, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of City. All documents and materials of a preliminary nature, including but not limited to notes, sketches, preliminary plans, computations and other data, and any other material referenced in this Section, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use. Upon City's request, CTI shall execute appropriate documents to assign to the City the copyright or trademark to work created pursuant to this Agreement. CTI shall return all City property in CTI's control or possession immediately upon termination. 9. Compliance with Laws. In the performance of this Agreement, CTI shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations, and policies of the City. CTI warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. If a license or registration of any kind is required of CTI, its employees, agents, or subcontractors by law, CTI warrants that such license has been obtained, is valid and in good standing, and CTI shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. 10. Conflict of Interest. CTI warrants and covenants that CTI presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, CTI shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. CTI further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. 11. Whole Agreement and Amendments; Venue. This Agreement constitutes the entire understanding and Agreement of the parties and integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. This Agreement may be amended only by a written document, executed by both CTI and the City Manager, and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend certain terms and conditions of this Agreement. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. This Agreement and all matters relating to it shall be governed by the laws of the State of California. The parties agree the exclusive venue for any legal actions arising from this Agreement shall be the Superior Court of the State of California in and for the County of San Mateo. 12. Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has all legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. 13. Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 14. Notice. Any notice required or desired to be given under this Agreement shall be in writing and shall be personally served or, in lieu of personal service, may be given by (i) depositing such notice in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to a party at its address set forth in Exhibit A; (ii) transmitting such notice by means of Federal Express or similar overnight commercial courier ("Courier"), postage paid and addressed to the other at its street address set forth below; (iii) transmitting the same by email to the email addresses set forth in Exhibit A, in which case notice shall be deemed delivered upon the day the email was sent, if during business hours; or at the next business day excluding City holidays; or (iv) by personal delivery. Any notice given by Courier shall be deemed given on the date shown on the receipt for acceptance or rejection of the notice. Either 3 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 party may, by written notice, change the address and email address to which notices addressed to it shall thereafter be sent. 15. Miscellaneous. Except to the extent that it provides a part of the definition of the term used herein, the captions used in this Agreement are for convenience only and shall not be considered in the construction of interpretation of any provision hereof, nor taken as a correct or complete segregation of the several units of materials and labor. Capitalized terms refer to the definition provide with its first usage in the Agreement. When the context of this Agreement requires, the neuter gender includes the masculine, the feminine, a partnership or corporation, trust or joint venture, and the singular includes the plural. The terms "shall", "will", "must" and "agree" are mandatory. The term "may" is permissive. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. When a party is required to do something by this Agreement, it shall do so at its sole cost and expense without right to reimbursement from the other party unless specific provision is made otherwise. Where any party is obligated not to perform any act, such party is also obligated to restrain any others within its control from performing such act, including its agents, invitees, contractors, subcontractors and employees. IN WITNESS WHEREOF, CTI and City execute this Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 DocuSigned by: By: USA. k 1 4JA A, Lisa Goldman City Manager 10/22/2021 Date: �esaSigned b . Attest: Meaghan Hassel -Shearer City Clerk 0 Conference Technologies, Inc. 11653 Adie Rd. Maryland Heights, MO 63043 B Todd ohm Date: 10/11 /21 Federal Employer ID Number:43-1501713 License Number: 1072847 Expiration Date: 1/31/23 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Approved as to form: E DocuSigned by: U�� " 034F49E906274A1— Michael Guina City Attorney Attachments: Exhibit A Scope of Services Exhibit B City Insurance Provisions DocuSign Envelope ID: 2951338B-F95E-4313-81F3-0226B0802D82 Tuesday, 21 September'201 PREPARED BY Adam Hale Design Consultant p T M =_ . �11 I I A At Conference Technologies, Inc., we ensure our technology, processes,andare the most knowledgeable and efficient resource to serve you as your solutions partner. Dear Meaghan Hassel -Shearer, kwas o pleasure to speak with you regarding your upcoming project. Thank you for the time to review your needs and identify your requirements. Based on our needs analysis we have developed a recommended solution for you. Conference Technologies, Inc. has the industry experience to create customized solutions to meet today's technology challenges. These solutions include consulting, design, implementation, and service. Enclosed iS8project proposal for your review and consideration that outlines scope, timelines, deliverables, and our support plan to care for your investment. After review I will contact you to discuss any questions you or your team may have about this solution. Our team is excited about the opportunity to provide you with a fantastic experience and making your project a success. Adam Hale Design Consultant DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 11001HIN 0112!11111111111pilill ji�11111'�i I IL12M. 11.1 . Prepared for: City of Burlingame Attn: Meaghan Hassel -Shearer Prepared by: Adam Hale Phone: 650-558-7203 Phone: 858.405.6163 Email: mhasselshearer@burlingame.org Email: ahale@conferencetech.com Bill to: Ship to: City of Burlingame City of Burlingame 501 Primrose Road 501 Primrose Road Burlingame, CA 94010 Burlingame, CA 94010 City of Burlingame is looking to upgrade their Council Chambers to facilitate hybrid council meetings. Installing displays, video and audio infrastructure, which will capture live video and audio via Zoom software. CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECCOM J21160102 1 2 46727 Fremont Blvd, Fremont CA 94505 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 DISPLAYS I MONITORS CTI will provide and install seven (7) 22" LCD Monitors along the dais area for the council members to see content and far -end participants during a Zoom meeting. Each monitor will be mounted on a low -profile monitor stand and can be adjusted to an angle up to 22.5 degrees. CTI will provide and install two (2) 75" Displays positioned one each on either side pointed toward the dais. Displays will mirror Zoom meeting view for both content and far -end participants. Displays will be mounted on a mobile cart and connected to the main video system. CONFIDENTIAL 510 93 5--942 4 j WWWCO FE € NC TEt,H COM J21 160102 1 3 46727 Fremont Ei[vd, Fremont wont, A 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 CTI will provide two (2) 22" LCD Desktop Monitor, designed for Zoom admin's view. OFE Desktop computer will be used to run Zoom software and any content. Second monitor will be utilized to allow admin to que up content and present when ready. VIDEO I CONTROL CTI will provide and install a video conferencing system to support Zoom conferencing two support the two displays. System will consist of two (2) PTZ cameras, one touch panel controller with built-in Zoom Interface, PC, HDMI and USB extenders, etc. CONFIDENTIAL 510--935--9424 I Wv"JWCONFE E NCETECH COM J21160102 1 4. 46727 Fremont Blvd, Fremont, CA 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 One PTZ cameras will be mounted on top of display to provide primary video conferencing feed of council members. Camera "2" will be mounted to capture any presenters at podium. Multiple presets of camera positions can be set to provide allowing admin to select appropriate video capturing feed. One camera switcher will be provided and installed to provide this feature. CTI will provide one AV Bridge Matrix Production System to allow camera control and selection. Three (3) 22" LCD Desktop Monitor, at the camera control location to allow camera controller access to the live feed and to monitor camera positions and select appropriate camera at any given time. *Note we could add a third camera if you would like to this system. CONFIDENTIAL IDENTIAL 516 935--942 4 I WWWCONFERENCETECH COM J 21 16 102 1 46727 Fremont Blvd, 6rrAr nont, CA 94538 AUDIO CTI will provide and install an audio processor, connecting and tuning OFE (owner furnished equipment) noiorophunea. OFE surface and ceiling apemkena. C)FE amplifier, [)FE assisted listening system. OFE Goose -neck microphones will remain. CTI will provide and replace two (2) new handheld OOiC[OphOD8S 51O'@35�4241 WVV��[>�FE�E0�ETE�H�QK8 CONFIDENTIAL � � 121160102 1 8 46727 FremmntBhd, Fnemont. CAQ4538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 CONFIDENTIAL 510 935-9 2 j WWW,(IONFERENCETECH.COM J21160102 1 46727 Fremont Eilvd, Fremont, ont, CA 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 CONTROL CTI will provide and install one (1) new control system, or the "brains" behind the audio-visual system. This allows disparate equipment to be programmed to create a simple user interface that is customized to the workflow of City Council meetings (with Native Zoom Interface also built-in): • Microphones • Volume up/down • Displays off/on • Zoom Meeting Controls NOTE: AV Production Bridge will serve to control cameras as noted above. CONFIDENTIAL 510--935--9424 j WWWCO FE € NC TEt,H COM J21160102 18 4�,"a727 Fremont Ei[vd, Fremont CA 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 RACK CTI will provide and install one (1) new AV equipment rack with installed door that can be locked, equipment cooling system, and power. CONFIDENTIAL 510 93 5--942 4 j WWWCO FE € NC TEt,H COM J21 160102 1 46727 Fremont Ei[vd, Fremont wont, A 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Responsibilities . .......... 019 Low Voltage Contractor General Contractor Owner ELECTRICAL & NETWORK Provide and install conduit, raceways, back boxes and floorboxes X Provide and install power X X Provide and install LAN X Provide IP addresses X CABLING Provide low voltage permits X Provide all cabling X Pull all audio-visual cables X EQUIPMENT & MATERIALS Provide projectors, displays, and mounting brackets X Provide above ceiling unistrut and hardware to support displays X Provide floor and credenza vertical equipment racks X X Provide all remaining A/V equipment X X MOUNTING Install all ceiling and wall mounted flat screen displays NA Provide any required wall backing to support displays NA Install electric projection screens NA Ceiling grid trim work around projection screens NA Install projector mounts NA Install projectors NA Install ceiling and/or wall speakers NA Install any custom wall plates X Install rack mounted equipment in vertical equipment racks/testing X Place loaded and tested equipment racks X Install all remaining AV field devices X CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECH CO M J21160102 1 10 46727 Fremont Blvd, Fremont CA 94505 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Hybrid Council Chambers Manufacturer PIN Description City Unit Price Ext. Price Premium Crestron Flex Crestron SuA$ort for New C-Series• Systems nm=� 1 PLN2770W © •a Video Conferencing 1 �� w t lf Camera She© 4'- 6'LFP MOBILE CART LIMBO LOW PROFILE STAND -- — -------------MONITOR - ----------------- VINX-110AP- IPb ased decoder with PoE HDMI-DEC . via a Gigabit Ethernet networIII k, Crestron Flex Video Conference System I Integrator Kit with ASUS Mini PC for Zoom Rooms Software IP based encoder via a VINX-120- HDMI-ENC 4K LIHID (301-lz RGB 4:4:4 60Hz YCbCr 4:2:0) are supported. IP based decoder via a VINX-110- 4K / LIHID (301-lz RG13 4:44 HDMI-DEC 60Hz iCbCr 4:2:0) are USB 2.0 ICIEICI XTENDER SET GSM4230P1 M4250 26G4F POE plus OONAS MNGID SW CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECH COM J21160102 46727 Fremont Blvd, Fremont CA 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 '0V?kY*', Tre7MMr?'Urry 7M Immi Processor (1/0 made to order) ustom Wall Plate ---------- 0 QLXD24/SM58 • WIRELESS HANDHELD PROCESSOR,Q-SYS m-. .J 4-Series Control Systema 1 i r i i Stand Alone or Gangable Rack 25" Deep, 35RU 00, & RX Series - 35 RU 1" Deep Micro Perf Door for 35RU FMA, 100, 200, 500, and 700 Series Racks 20A - 48• 20 Outlet Vertical Power Strip High Power (550 CFM) 25" Deep Rack Manufacturer PIN Description City Unit Price Ext. Price Premium Crestron Flex Support for New C-Series Systems �*ncing Video Confere© Camera- Shelf 4'- 6'LFP MOII BILE CART © .• i LIMBO LOW PROFILE © r• ,i. i MONITOR STAND CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECCOM J21160102 1 12 46727 Fremont Blvd, Fremont, CA 94505 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Video Systems Equipment: $43,498.59 8 VADDIO 999-99600- RoboSHOT 12E OneLINK 2 $5,474.49 $10,948.98 200 BRIDGE SYS 9 VADDIO 999-5660- AV Bridge MatrixMIX 1 $9,777�58 $9,777.58 500 Production Sys N/A IP based decoder with PoE via a Gigabit Ethernet VINX-110AP- network. Analog audio 10 Lightware HDMI-DEC input/output. 4K / UHD 1 $795.63 $795.63 (30Hz RGB 4:4:4, 60Hz YCbCr 4:2:0) are supported. Crestron Flex Video Conference System 11 Crestron UC-C100-Z Integrator Kit with ASUS 1 $2,916.25 $2,916.25 Mini PC for Zoom Rooms Software IP based encoder via a VINX-120- Gigabit Ethernet network. 12 Lightware HDMI-ENC 4K / UHD (30Hz RGB 4*4 6 $628.13 $3,768.78 60Hz YCbCr 4:2:0) are supported. IP based decoder via a VINX-1 10- Gigabit Ethernet network. 13 Lightware HDMI-DEC 4K / UHD (30Hz RGB 4*4 16 $628A3 $10,050.08 60Hz YCbCr 4:2:0) are supported. 14 INOGENI CAM300 INOGENI USB & HDMI 1 $1,575.06 $1,575.06 Camera 15 Liberty DIGI-USB2 USB 2.0 EXTENDER SET 2 $345.25 $690.50 16 Netgear GSM4230P1 M4250 26G4F POE plus 1 $995.10 $995,10 OONAS MNGDSW CORIOview Multi Window 17 tvOne MWP-MTO Processor (1/0 made to 1 $1,605.63 $1,605.63 order) 18 CTI CTI Custom Wall Plate 1 $375.00 $375,00 Audio Systems Equipment: $4,647.62 QLXD24/SM5 QLXD24/SM58 19 Shure 8-G50 WIRELESS HANDHELD 2 $948.81 $1,897.62 SYSTEM 20 QSC CORE 11 Of PROCESSOR,Q-SYS 1 $2,750.00 $2,750.00 CORE 1 10f-NA,100-240V, Control Systems Equipment: $1,750.00 21 Crestron CP4N 4-Series Control System i $1,750.00 $1,750.00 Rack Accessories and Furniture: $1,449.87 22 Atlas 5135-25 Stand Alone or Gangable i � $596.70 � $596.70 Rack 25" Deep, 35RU CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECH COM J21160102 1 13 46727 Fremont Blvd, Fremont, CA 94505 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 23 Atlas RR35 Extra Rack Rails for 200, 1 $94.06 $94.06 500, & RX Series - 35 RU 1" Deep Micro Perf Door 24 Atlas MPFD35 for 35RU FMA, 100, 200, 1 $276.90 $276.90 500, and 700 Series Racks 25 Atlas AP-4820-20S 20A - 48", 20 Outlet 1 $173.32 $173.32 Vertical Power Strip High Power (550 CFM) 26 Atlas EFT-25 Top -Mounting Fan Panel 1 $308.89 $308.89 25" Deep Rack Description Labor Hours Audio/DSP Programming Corp Rack Build Engineering — - -------------- —Progra m m_in_g_/Co_m_m_is sio ning - --- - ------ ------ Ii -- --------- - Installation Labor/ Training Project Management Touch panel & Graphic Design CONFIDENTIAL 510--935--9424 1 WWWCONFERENCETECH COM J21160102 1 14 46727 Fremont Blvd, Fremont, CA 94525 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 To complete the work outlined in the project scope, we will need approximately 6 weeks from proposal acceptance. A project manager will be assigned to communicate with you at critical milestones. Upon notice to proceed, we will begin your project plan immediately. Phase Notice• Proceed Project Kickoff Week • • *Procurement • Onsite Installation • • • i . •'------------ NOTE: There has been a number of equipment delays due to a global chip shortage. CTI will provide information concerning lead-times as we are informed by our vendors and distributors and how that might impact our schedule. CONFIDENTIAL 510--935--9424 j WWWCO FE € NC TECH COM 121160102 1 15 46727 Fremont Ei[vd, Fremont, CA 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Below is the cost of this solution based on the outlined scope of work. If you have questions about the complete solution, please let us know how we can help align this investment with additional needs or changes in scope. Proposal Summary 4 Down Payment Requirements Terms are with approved credit. For orders that exceed ten thousand dollars; 60% to initiate order, 40% NET 30, or progress billing based on purchase agreement at time of order. Payments made by credit card are subject to a 3.0% fee. CONFIDENTIAL L 510 9 5-9424 I WWWCO FE € NC TEt,H COM 121 160102 1 16 46727 Rrernont Ei[vd, Fremont wont, A 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 Conference Technologies, Inc. provides for twelve (12) months of CTI Complete on all system purchases. Conference Technologies, Inc. warrants the system implemented is free from defects in material and workmanship, in accordance with the contract, drawings, specifications, alterations and additions thereto, for a period of twelve (12) months from the date of commencement of use, substantial completion, or date of notice of completion, whichever occurs first. This coverage does not protect against consumables, severe weather, and acts of God. Terms Terms are with approved credit. For orders that exceed ten thousand dollars; 60% to initiate order, 40% NET 30, or progress billing based on purchase agreement at time of order. Payments made by credit card are subject to a 3.0% fee. Installation Description and Requirements Provided by Conference Technologies, Inc.: If installation is purchased, Conference Technologies, Inc. will install all A/V components. Conference Technologies, Inc. will also perform all programming, alignments, and end -user training. Conference Technologies, Inc. will provide A/V project management, and provide drawings as required. This install price assumes a Monday through Friday 8:OOam to 5:OOpm install time. Room availability must be in consecutive 8-hour blocks. Any required changes or rushes may affect the final price. Provided by Others Electrical requirements are to be provided by others unless specifically included in Conference Technologies, Inc. Scope of Work. Statement This system proposal is the property of Conference Technologies, Inc. and is delivered with the sole intent of being viewed by management of City of Burlingame for evaluation purposes only. This proposal or any part of this proposal is not to be presented to, or viewed by any other party, vendor or Conference Technologies, Inc. competitor without the written consent of Conference Technologies, Inc. Any effort to do so will be considered a violation of copyright law. CONFIDENTIAL 510--935--9424 j WWWCONFERENCETECH COMJ21160102 1 18 46727 Fremont Eilvd, Fremont, ont, A 9 538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 1. Upon Notice to Proceed, Conference Technologies, Inc. will begin executing the project plan with an internal handoff of the project to our operations team. 2. If you have questions about the process as we move forward, please contact me at ahale@conferencetech.com or. 3. You will be contacted by a Conference Technologies, Inc. Project Manager to schedule a project kickoff meeting to review the project scope and schedule. Customer Signature Printed Name Title Date CTI Signature Printed Name Title Date CONFIDENTIAL 510--935--9424 j WWWCO FE € NC TEt,H COM J21 160102 1 1 46727 Fremont Ei[vd, Fremont wont, A 94538 DocuSign Envelope ID: 2951338B-F95E-4313-81 F3-0226B0802D82 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/21 /2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER J.W. Terrill, a Marsh & McLennan Agency LLC co 825 Maryville Centre Drive Suite 200 CONTACT NAME: Patti Monteith PHONE FAX /C No Ext : 314-594-2617 A/C No): 888-307-1561 LAIC, ADDRESS: patti.monteith@marshmma.com INSURER(S) AFFORDING COVERAGE NAIC # Chesterfield MO 63017 INSURER A: Atlantic Specialty Insurance Company 27154 INSURED Conference Technologies, Inc. 11653 Adie Road INSURER B : Hanover Insurance Company 22292 INSURER C : INSURER D : Maryland Heights, MO 63043 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 266418898 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 7110140320008 7/31/2021 7/31/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 7110140320008 7/31/2021 7/31/2022 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS X $ HCPD-115,000 X Ded-$1,000 A X UMBRELLA LIAB X OCCUR 7110140320008 7/31/2021 7/31/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DIED X RETENTION $ 10 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 4060410390009 7/31/2021 7/31/2022 )( PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ 1,000,000 (Mandatoryin NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Crime LHKA44302307 7/31/2021 7/31/2023 Ded-$10,000 1,000,000 A Error & Omissions 7600101340004 7/31/2021 7/31/2022 Ded-$50,000 2,000,000/2000000 A Leased/Rented 7110140320008 7/31/2021 7/31/2022 Ded-$5,000 $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: City of Burlingame (California) J21160102 City of Burlingame is included as Additional Insured(s) for General Liability with respect to work performed by the Named Insured, if required by written contract, agreement or permit and subject to the provisions and limitations of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Burlingame 501 Primrose Road Burlingame CA 94010 AUTHORIZED REPRESENTATIVE I I I I tvl­­ I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AMENDMENT NOA TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BURLINGAME AND CONFERENCE TECHNOLOGIES, INC. THIS AMENDMENT NO. 1 is by and between CONFERENCE TECHNOLOGIES, INC. ("CTI"), providing audio visual equipment for hybrid meetings in the Council Chambers, and the City of Burlingame, a public body of the State of California ("City"), amending the Agreement between the parties dated October 22, 2021, hereinafter called the "Agreement". RECITALS WHEREAS, on October 22, 2021, the City of Burlingame executed an agreement with CTI to provide audio visual equipment for hybrid meetings in the Council Chambers, in the amount of $135,000.00; and WHEREAS, backup power and power conditioners are needed in order to ensure that the audio visual equipment is protected against power surges and outages. Therefore, an amendment to the maximum amount to be expended under the terms of the current Agreement with CTI is necessary. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. CTI shall provide the additional services outlined in CTI's Proposal dated April 4, 2023 attached to this amendment. 2. The additional cost shall not exceed $9,830.10, to be invoiced as the work occurs, for a total compensation not to exceed $144,830.10. 3. Except as expressly amended in this Amendment #1, all other terms and conditions contained in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, CTI and City execute this Amendment No. 1 to the Agreement. CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010 Date: Attest: Lisa Goldman City Manager Meaghan Hassel -Shearer City Clerk Conference Technologies, Inc. 47727 Fremont Boulevard Fremont, CA 94538 Lo Adam Hale Date: Federal Employer ID Number: License Number: Expiration Date: Approved as to form: Michael Guina City Attorney Attachments: Exhibit A CTI's Proposal Dated April 4, 2023 Exhibit B City Insurance Provisions LAIN CONFERENCE TECHNOLOGIES, INC PROPOSAL DATE Tuesday, 04 April 2023 PREPARED BY Adam Hale Design Consultant Scope of Work Proposal Number: J23160048 Proposal Date: 4/4/2023 Prepared for: City of Burlingame Attn: Meaghan Hassel -Shearer Phone: 650-558-7203 Email: mhasselshearer@burlingame.org Bill to: City of Burlingame 501 Primrose Road Burlingame, CA 94010 Prepared by: Adam Hale Phone: 858.405.6163 Email: Adam. Hale@cti.com Ship to: City of Burlingame 501 Primrose Road Burlingame, CA 94010 CTI to provide and install two (2) Power Conditioners at rack location and connect audio visual equipment to provide additional protection from surges and power outages. Additionally, one (1) UPS Backup power can be installed to provide additional layer of back up for surges and protection for audio visual equipment. 71. Your Investment Below is the cost of this solution based on the outlined scope of work. If you have questions about the complete solution, please let us know how we can help align this investment with additional needs or changes in scope. Proposal Summary Down Payment Requirements Terms are 60/30/10 with approved credit. For orders that exceed ten thousand dollars; 60% to initiate order, 40% NET 30, or progress billing based on purchase agreement at time of order. Payments made by credit card are subject to a 3.0% fee. CONFIDENTIAL 510-935-9424 1 WWW.CONFERENCETECH.COM J23160048 1 2 1000 Whipple Rd. Union City, CA 94587 Why Us? Our CTI Complete service is there for you 24/7 through our dedicated CTI Care customer experience team. Through on -site technical service, recommended programming upgrades, and quarterly reliability checks, your system is covered for the unexpected, as well as planned maintenance. Your teams will be trained to operate equipment with confidence. When critical meetings arise, we help ensure system performance with proactive system testing and an on -site checklist, so your systems will be ready when it matters most. Our managed services staff does more than diagnose and repair failures, they help plan for system life cycles. CTI Complete CONFIDENTIAL 510-935-9424 1 WWW.CONFERENCETECH.COM J23160048 1 3 1000 Whipple Rd. Union City, CA 94587 Bill of Materials Power Conditioners UPS Back Up Power Support CONFIDENTIAL 510-935-9424 1 WWW.CONFERENCETECH.COM J23160048 1 4 1000 Whipple Rd. Union City, CA 94587 Standard Disclaimer Conference Technologies, Inc. provides for twelve (12) months of CTI Complete on all system purchases. Conference Technologies, Inc. warrants the system implemented is free from defects in material and workmanship, in accordance with the contract, drawings, specifications, alterations and additions thereto, for a period of twelve (12) months from the date of commencement of use, substantial completion, or date of notice of completion, whichever occurs first. This coverage does not protect against consumables, severe weather, and acts of God. Terms Terms are NET 30 with approved credit. For orders that exceed ten thousand dollars; 60% to initiate order, 30% upon substantial completion, and 10% upon completion, or progress billing based on purchase agreement at time of order. Payments made by credit card are subject to a 3.0% fee. All applicable taxes are the responsibility of the purchaser and will be added to the final invoice. Any cancelled orders or returns are subject to manufacturer acceptance; shipping and restocking fees may apply. This proposal is valid for fourteen (14) days. Installation Description and Requirements Provided by Conference Technologies, Inc.: If installation is purchased, Conference Technologies, Inc. will install all A/V components. Conference Technologies, Inc. will also perform all programming, alignments, and end -user training. Conference Technologies, Inc. will provide A/V project management, and provide drawings as required. This install price assumes a Monday through Friday 8:00am to 5:00pm install time. Room availability must be in consecutive 8-hour blocks. Any required changes or rushes may affect the final price. Provided by Others Electrical requirements are to be provided by others unless specifically included in Conference Technologies, Inc. Scope of Work. Statement This system proposal is the property of Conference Technologies, Inc. and is delivered with the sole intent of being viewed by management of City of Burlingame for evaluation purposes only. This proposal or any part of this proposal is not to be presented to, or viewed by any other party, vendor or Conference Technologies, Inc. competitor without the written consent of Conference Technologies, Inc. Any effort to do so will be considered a violation of copyright law. CONFIDENTIAL 510-935-9424 i WWW.CONFERENCETECH.COM J23160048 i 5 1000 Whipple Rd. Union City, CA 94587 Next Steps 1. Upon Notice to Proceed, Conference Technologies, Inc. will begin executing the project plan with an internal handoff of the project to our operations team. 2. If you have questions about the process as we move forward, please contact me at Adam.Hale@cti.com or 858.405.6163. 3. You will be contacted by a Conference Technologies, Inc. Project Manager to schedule a project kickoff meeting to review the project scope and schedule. Customer Signature Printed Name Title J23160048 - $9,830.10 CTI Signature Printed Name Title Date Date CONFIDENTIAL 510-935-9424 1 WWW.CONFERENCETECH.COM J23160048 1 6 1000 Whipple Rd. Union City, CA 94587 euR— ING AGENDA NO: 9a STAFF REPORT MEETING DATE: April 17, 2023 To: Honorable Mayor and City Council Date: April 17, 2023 From: Helen Yu -Scott, Finance Director — (650) 558-7222 Subject: Public Hearing and Resolution of the City Council of the City of Burlingame Adjusting the Storm Drainage Fee for Fiscal Year 2023-24 By 2.0% Based on the CPI — San Francisco Area as Published on March 14. 2023 RECOMMENDATION Staff recommends that the City Council hold a public hearing on the proposed CPI increase of 2.0% for the annual storm drainage fee and, following the public hearing, adopt the attached Resolution. BACKGROUND The City of Burlingame Ordinance (as approved by the voters) determines the methodology for adjusting the annual storm drainage fee. The ordinance language is as follows (emphasis added): 4.30.030 Setting the fee. (a) Commencing with fiscal year 2010-11, the city council, following a public hearing, shall determine the storm drainage fee. In no event shall the square footage rate for impervious area be increased beyond that rate approved by a majority vote of the property owners subject to the storm drainage fee without further approval by a majority vote of the property owners subject to the storm drainage fee; provided, however, that, without approval by a majority vote of the property owners subject to the storm drainage fee, the maximum per square foot rate for impervious area, commencing fiscal year 2010-2011, may be increased by an amount equal to the change in the Consumer Price Index for all Urban Consumers for the area including San Mateo County (the "CPI"), including all items as published by the U.S. Bureau of Labor Statistics as of March 1st of each year, not to exceed a maximum increase of two (2) percent per year. (b) The storm drainage fee shall not be deemed to be increased in the event the actual fee upon a parcel in any given year is higher due to an increase in the amount of the impervious area of the subject parcel. (c) In any year in which the city council does not change the rate per square foot of impervious area, the previously adopted fee shall continue in full force and effect for the next fiscal year. Storm Drainage Fee Adjustment April 17, 2023 Property owners whose storm drainage is increased/decreased as a result a change in impervious area have appeal rights under Section 4.30.050. (d) The city council shall not be required to enact an inflation increase in each year but may accumulate the inflationary increases and enact the cumulative amount. (Ord. 1836 § 2, (2009)) DISCUSSION U.S. Bureau of Labor Statistics (www.bls.gov) data for the San Francisco area is published bimonthly in even -numbered months: February, April, June, August, October, and December. The report published by the Bureau of Labor Statistics as of March 14, 2023, was the CPI report for February 2023, which indicated a CPI increase of 5.3%. The Ordinance caps the annual increase at 2.0%. CITY OF BURLINGAME, CA ADJUSTMENTS TO STORM DRAINAGE FEE Fiscal % Increase $ Increase Rate Per Year CPI Amount Square Ft. CPI FY 09-10 N/A N/A $ 0.04192 FY 10-11 2.0% $ 0.00084 $ 0.04276 2.600 FY 11-12 1.5% $ 0.00064 $ 0.04340 1.500 FY 12-13 2.0% $ 0.00087 $ 0.04427 2.900 FY 13-14 2.0% $ 0.00089 $ 0.04516 2.400 FY 14-15 2.0% $ 0.00090 $ 0.04606 2.400 FY 15-16 2.0% $ 0.00092 $ 0.04698 2.500 FY 16-17 2.0% $ 0.00094 $ 0.04792 3.000 FY 17-18 2.0% $ 0.00096 $ 0.04888 3.400 FY 18-19 2.0% $ 0.00098 $ 0.04986 3.600 FY 19-20 2.0% $ 0.00100 $ 0.05086 3.500 FY 20-21 0.0% $ - $ 0.05086 2.900 FY 21-22 3.6% $ 0.00183 $ 0.05269 1.600 FY 22-23 2.0% $ 0.00105 $ 0.05374 5.200 FY 23-24 2.0% $ 0.00107 $ 0.05481 5.300 These revenues should provide amounts adequate to pay the debt service on the bonds that provide funding for identified storm drain capital projects. 2 Storm Drainage Fee Adjustment April 17, 2023 FISCAL IMPACT The increase of 2.0% in the storm drainage fee raises the rate charged per square foot of impervious area from 5.374 cents to 5.481 cents, effective July 1, 2023. The increase is estimated to produce an additional $63,760, for estimated revenue of approximately $3.3 million in fiscal year 2023-24. The additional revenue will be included in the City budget for fiscal year 2023-24. Exhibits: • Resolution • US Department of Labor, Bureau of Labor Statistics, Western Information Office, Consumer Price Index - San Francisco Area, February 2023 (dated March 14, 2023) 3 RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME LEVYING A STORM DRAINAGE FEE ON ALL PARCELS IN THE CITY OF BURLINGAME FOR FISCAL YEAR 2023- 24 AND DIRECTING THAT A LIST OF THE STORM DRAINAGE FEES FOR BURLINGAME PARCELS BE PROVIDED TO THE COUNTY OF SAN MATEO FOR PLACEMENT ON THE 2023-24 TAX BILLS RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 to consider the enactment of an annual storm drainage fee; and WHEREAS, the City Clerk certified the results to the City Council; the City Council declared the storm drainage fee to be approved and codified said fee in Chapter 4.30 of Title 4 of the Burlingame Municipal Code; and the City Council levied the storm drainage fee on all parcels in Burlingame for fiscal year 2009-2010; and WHEREAS, pursuant to section 4.30.030 of the Burlingame Municipal Code, the City Council is required each fiscal year to determine the storm drainage fee for parcels in the city, not to exceed the fee rate established by the electorate; and WHEREAS, pursuant to the authority granted by the electorate in the May 2009 election, the City Council may increase the storm drainage fee each fiscal year by the annual CPI index for all urban consumers, San Francisco region, but not to exceed 2%; and WHEREAS, the City Council is not required to enact an inflation increase in each year but may accumulate the inflationary increases and enact the cumulative amount, (Ord. 1836 § 2, (2009)); and WHEREAS, the City Council chose not to enact an inflation increase in Fiscal Year 2020-21 due to the uncertainty and general economic hardships associated with the COVID-19 pandemic, but wishes to reestablish the fee increase for subsequent fiscal years; and WHEREAS, pursuant to Section 4.30.060 of the Burlingame Municipal Code the storm drainage fee is to be collected through the County tax bills. NOW, THEREFORE, IT IS DETERMINED and ORDERED that: 1. Pursuant to Chapter 4.30 of the Burlingame Municipal Code, the City Council determines that the storm drainage fee for all parcels in the City of Burlingame for fiscal year 2023-24 shall be capped at 2.0%, or $0.05374 plus an increase of 2.0% for the annual CPI adjustment, for a total rate of $0.05481. 2. The City Manager, the Finance Director or designee, shall provide to the County of San Mateo a list of storm drainage fees for all Burlingame parcels for fiscal year 2023- 24, for collection through the property tax bills. For those properties whose fees have been modified pursuant to the appeal provisions of Chapter 4.30 prior to providing the County the list of properties and fees, the approved modified fee shall be provided to the County and shall be certified as correct by the Director of Public Works. 3. The City Manager is authorized to execute such documents as may be required by the County of San Mateo to place the storm drainage fee on the tax bills Michael Brownrigg, Mayor I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 17th day of April, 2023, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Meaghan Hassel -Shearer, City Clerk K 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office: U.S. Bureau of Labor Statistics U.S. BUREAU OF LABOR STATISTICS 7.0 6.0 5.0 4.0 3.0 2.0 1.0 Bureau of Labor Statistics > Geographic Information > Western > News Release Western Information Office uVestern Hon, /estern Geography Western Subjects Western Archives Consumer Price Index, San Francisco Area - February 2023 Area prices were up 1.8 percent over the past two months, up 5.3 percent from a year ago Prices in the San Francisco area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 1.8 percent for the two months ending in February 2023, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Rosenlund noted that the February increase was influenced by higher prices for shelter. (Data in this report are not seasonally adjusted. Accordingly, month -to -month changes may reflect seasonal influences.) Over the last 12 months, the CPI-U advanced 5.3 percent. (See chart 1 and table A.) Food prices increased 8.0 percent, and energy prices rose 8.6 percent. The index for all items less food and energy increased 4.6 percent over the year. (See table 1.) Chart 1. Over -the -year percent change in CPI-U, San Francisco -Oakland -Hayward. CA, February 2020-February 2023 All tems Percent change _ _ _ _ pJl dems less Tood and energy 8.0 i r r. r ' i 0.0 Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb 2020 2021 2022 2023 Source: U.S. Bureau of Labor Statistics. arch Western Region GO Contact Western News Release Information 23-512-SAN Tuesday, March 14, 2023 Contacts Technical information: (415) 625-2270 BLSinfoSF a(-bls.gov www.bls.gov/regions/west Media contact., (415) 625-2270 Related Links CPI historical databases View Chart Data Food Food prices increased 1.2 percent for the two months ending in February. (See table 1.) Prices for food at home increased 1.2 percent, with higher prices in three of the six subcategories. Prices for food away from home increased 1.2 percent for the same period. Over the year, food prices increased 8.0 percent. Prices for food at home rose 8.1 percent since a year ago. Price increases across food at home expenditure categories ranged from 5.3 percent for meats, poultry, fish, and eggs to 10.8 percent for nonalcoholic beverages and beverage materials. Prices for food away from home advanced 7.8 percent. Energy The energy index advanced 6.6 percent for the two months ending in February. The increase was mainly due to higher prices for natural gas service (18.0 percent). Prices for gasoline rose 4.6 percent, and prices for electricity increased 3.4 percent for the same period. Energy prices rose 8.6 percent over the year, led by higher prices for natural gas service (29.1 percent). Prices paid for electricity increased 13.6 percent, but prices for gasoline declined 1.2 percent during the past year. All items less food and energy The index for all items less food and energy advanced 1.6 percent in the latest two -month period. Higher prices for apparel (6.3 percent), household furnishings and operations (3.8 percent), and shelter (1.8 percent) were partially offset by lower prices for used cars and trucks (-2.6 percent). Over the year, the index for all items less food and energy increased 4.6 percent. Components contributing to the increase included household furnishings and operations (7.5 percent), and shelter (4.4 percent). Partly offsetting the increases was a price decrease in used cars and trucks (-11.9 percent). Table A. San Francisco -Oakland -Hayward, CA, CPI-U 2-month and 12-month percent changes, all items index, not seasonally adjusted 2019 Month I 2-month 12-month 2020 2021 2022 2023 2-month 12-month 2-month 12-month 2-month 12-month 2-month 12-month February 0.5 3.5 0.9 2.9 0.5 1.6 1.4 5.2 1.8 5.3 April 1.2 4.0 -0.5 1.1 1.7 3.8 1.5 5.0 June 0.2 3.2 0.7 1.6 0.0 3.2 1.7 6.8 August 0.1 2.7 0.0 1.6 0.5 3.7 -0.5 5.7 October 1.0 3.0 0.5 1.1 0.7 3.8 1.0 6.0 December -0.5 2.5 0.4 2.0 0.8 4.2 -0.3 4.9 The April 2023 Consumer Price Index for the San Francisco area is scheduled to be released on May 10, 2023. https://www.bls.gov/regions/wesVnews-release/consumerpriceindex_sanfrancisco.htm 113 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office: U.S. Bureau of Labor Statistics Technical Note The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments -department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CPI-U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the internet at www.bls.gov/cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov opub hom cpi. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The San Francisco -Oakland -Hayward, CA. metropolitan area covered in this release is comprised of Alameda, Contra Costa, Marin, San Francisco, San Mateo Counties in the State of California. Information in this release will be made available to individuals with sensory impairments upon request. Voice phone: 202-691-5200; Telecommunications Relay Service: 7-1-1. Table 1. Consumer Price Index for All Urban Consumers (CPI-U): Indexes and percent changes for selected periods San Francisco -Oakland -Hayward, CA (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Historical Dec. Jan. Feb. Feb. Dec. Jan. data 2022 2023 2023 2022 2022 2023 Expenditure category All items 0 331.222 337.173 5.3 1.8 All items (1967=100) 0 1,018.268 1,036.563 - - Food and beverages 0 357.277 359.912 7.6 0.7 Food 359.081 363.265 8.0 1.2 Food at home LEI 326.412 327.4781 330.202 8.1 1.2 0.8 Cereals and bakery products k&j 321.182 - 329.783 7.0 2.7 - Meats, poultry, fish, and eggs k&j 356.523 351.353 5.3 -1.5 Dairy and related products k&j 345.389 331.704 9.8 -4.0 Fruits and vegetables k&j 414.685 431.651 8.6 4.1 Nonalcoholic beverages and beverage materials(!) k&j 243.487 239.599 10.8 -1.6 Other food at home k&j 279.542 289.097 9.4 3.4 Food away from home k&j 394.357 398.992 7.8 1.2 Alcoholic beverages k&j 338.666 323.971 2.6 -4.3 Housing k&j 381.854 390.701 5.4 2.3 Shelter 0 426.481 430.591 434.093 4.4 1.8 0.8 Rent of primary residenceU © 487.480 490.031 491.874 4.8 0.9 0.4 Owners' equiv. rent of residencesl22)L) 0 457.867 462.232 466.191 4.9 1.8 0.9 Owners' equiv. rent of primary residenceUU 0 457.867 462.232 466.191 4.9 1.8 0.9 Fuels and utilities 0 551.930 85.793 13.8 6.1 - Household energy 0 515.010 552.293 558.268 19.0 8.4 1.1 Energy servicesU 0 516.458 553.863 560.531 19.1 8.5 1.2 Electricity(a) 0 542.853 561.548 561.548 13.6 3.4 0.0 Utility (piped) gas service(g) 0 464.003 530.248 547.333 29.1 18.0 3.2 Household furnishings and operations 0 165.874 - 172.101 7.5 3.8 Apparel 0 109.638 - 116.586 3.2 6.3 Footnotes (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. https://www.bls.gov/regions/wesVnews-release/consumerpriceindex_sanfrancisco.htm 213 3/14/23, 12:18 PM Consumer Price Index, San Francisco Area - February 2023 : Western Information Office: U.S. Bureau of Labor Statistics Item and Group Transportation Private transportation Indexes Percent change from - Historical data Dec. 2022 Jan. 2023 Feb. 2023 Feb. 2022 Dec. 2022 Jan. 2023 243.553 248.587 4.2 2.1 0 244.479 248.047 2.8 1.5 New and used motor vehicles(4) 0 119.184 119.154 - 0.0 New vehicles(! 0 194.236 195.768 - 0.8 Used cars and trucks(! 340.493 331.660 -11.9 -2.6 Motor fuel 325.704 323.764 340.659 -0.8 4.6 5.2 Gasoline (all types) 323.357 321.434 338.264 -1.2 4.6 5.2 Gasoline, unleaded regular(4_) 323.162 321.234 338.236 -1.3 4.7 5.3 Gasoline, unleaded midgrade(4)( 303.156 301.207 316.639 -0.8 4.4 5.1 Gasoline, unleaded premium(4) 307.298 305.510 320.831 -0.7 4.4 5.0 Medical care - - - - - - Recreation(k) 143.214 144.312 5.2 0.8 Education and communication( 160.184 160.458 3.2 0.2 Tuition, other school fees, and child care( 1,943.403 - - Other goods and services 569.746 579.693 7.2 1.7 Commodity and service group All items 0 331.222 337.173 5.3 1.8 Commodities 0 230.565 233.306 5.0 1.2 Commodities less food & beverages 0 164.586 166.994 2.8 1.5 Nondurables less food & beverages 213.305 219.813 3.4 3.1 Durables 116.497 116.778 - 0.2 Services 415.986 424.692 5.5 2.1 Special aggregate indexes All items less medical care n❑ 320.590 26.809 5.4 1.9 All items less shelter 294.223 299.536 6.0 1.8 Commodities less food 0 172.119 174.188 2.9 1.2 Nondurables © 286.723 291.607 6.0 1.7 Nondurables less food 0 222.980 28.172 3.3 2.3 Services less rent of shelter(; 0 424.773 435.940 7.4 2.6 Services less medical care services M❑ 404.019 413.566 5.7 2.4 Energy 0 403.252 417.374 429.799 8.6 6.6 3.0 All items less energy 0 331.841 - 336.928 5.1 1.5 - AII items less food and energy 328.551 - 333.753 4.6 1.6 - Footnotes (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. - Data not available NOTE: Index applies to a month as a whole, not to any specific date. Last Modified Date: Tuesday, March 14, 2023 U.S. BUREAU OF LABOR STATISTICS Western Information Office Attn: FA & I, 90 Seventh Street Suite 14-100 San Francisco, CA 94103-6715 Telephone: 1-415-625-2270-www.bis.gov regions west Contact Western Region https://www.bls.gov/regions/wesVnews-release/consumerpriceindex sanfrancisco.htm I BURLINGASTAFF REPORT Avovw To: Honorable Mayor and City Council Date: April 17, 2023 From: Michael Guina City Attorney Mike Matteucci, Chief of Police /GTeIa64107e1104r0) 117 MEETING DATE: April 17, 2023 Subject: Introduction of an Ordinance Renewing the Burlingame Police Department Military Equipment Use Policy; CEQA Determination: Exempt pursuant to State CEQA Guidelines Sections 15378, 15061(b)(3) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to introduce the proposed Ordinance renewing the Burlingame Police Department Military Equipment Use Policy ("Policy"). To introduce the Ordinance, staff recommends the following procedure: Recommended Procedure and Order of Operations: A. Receive the staff report and ask any questions of staff. B. Conduct a public hearing. C. Discuss the Ordinance and by motion determine whether to bring it back for second reading and adoption. If the Council is in favor of the Ordinance, direct the City Clerk to publish a summary of the Ordinance at least five days before its proposed adoption. BACKGROUND On September 30, 2021, Governor Newsom signed a series of policing reform bills into law. These laws are aimed at increasing police transparency. As part of that package, AB 481 (codified in Government Code section 7070 et. seq), effective January 1, 2022, requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as that term is defined by the statute. The Policy must be adopted by ordinance at a regular meeting of the governing body for that law enforcement agency. In the case of the Burlingame Police Department ("BPD"), the City Council is the governing body. Thereafter, the Policy must be reviewed and renewed by the City Council on an annual basis for continued use of the military equipment. On May 2, 2022, the City Council enacted Ordinance No. 2005, adopting BPD's Military Equipment Use Policy and list of military equipment (Exhibit A). 1 Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy Definition of Military Equipment AB 481 designates the following categories of items as military equipment': 1. Unmanned, remotely piloted, powered aerial or ground vehicles. 2. Mine -resistant ambush -protected vehicles or armored personnel carriers. 3. High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five - ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. 4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. 5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. 6. Weaponized aircraft, vessels, or vehicles of any kind. 7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. 8. Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. 9. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard -issue handguns. 10. Any firearm or firearm accessory that is designed to launch explosive projectiles. 11. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service -issued handheld pepper spray. 12. Taser Shockwave, microwave weapons, water cannons, and long-range acoustic devices. 13. Projectile launch platforms and their associated munitions including 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition weapons. 14. Any other equipment as determined by a governing body or a state agency to require additional oversight. The Burlingame Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The Department does possess some types of police equipment that fall under the broad definition of military equipment in AB 481, including the following: • AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. • M4 Select fire rifle. • 40mm Less Lethal Launchers and Kinetic Energy Munitions • Pepperball FTC Pepperball less lethal Pepperball launchers and Pepperball munitions A complete description of this equipment is attached to the adopted Policy as Exhibit A, "Section One: Qualifying Equipment Owned / Used by the Burlingame Police Department." ' Government Code section 7070(c) 2 Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy The Burlingame Police Department participates in the North County Regional SWAT Team (NCR SWAT). Some equipment is owned and operated by NCR SWAT through partner law enforcement agencies (San Mateo PD, Foster City PD, San Bruno PD, South San Francisco PD, and Brisbane PD). While the Burlingame Police Department does not own or operate this equipment, it could be used in Burlingame by NCR SWAT if they are deployed to an incident within City limits. The list of military equipment available to Burlingame PD through its participation in NCR SWAT is attached to the Policy as Exhibit A, "Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the Burlingame Police Department is a participating agency." DISCUSSION G►TiiIF1/: A law enforcement agency that receives approval for a military equipment use policy is required to submit an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for usez. The annual report is also required to be made publicly available on the department's website. The annual report must contain, at a minimum, the following information for the immediately preceding calendar year for each type of military equipment3: 1. A summary of how the military equipment was used and the purpose of its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. 5. The quantity possessed for each type of military equipment. 6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. In addition, within 30 days of submitting and publicly releasing the annual military equipment report, the law enforcement agency must hold at least one well -publicized and conveniently located community meeting at which the general public may discuss and ask questions regarding the annual report and the law enforcement agency's funding, acquisition, or use of military equipment4. The Department prepared its 2022 Annual Report (Exhibit B) and posted it on the BPD website on April 6, 2023. The Annual Report provides the information required by AB 481. In summary, there have been no complaints or concerns regarding the military equipment owned by BPD, and no internal audits or violations of the Policy. Government Code section 7072(a) s Id. 4 Government Code section 7072(b) Wj Introduction of an Ordinance Renewing Military April 17, 2023 Equipment Use Policy Following the public release of the Annual Report, on April 11, 2023, Chief Matteucci, Captain Boll, and City Attorney staff held a publicized meeting at the Community Center that was open to the general public. Staff provided a presentation of the Annual Report and answered questions about BPD's military equipment. Renewal of Ordinance Approving Military Equipment AB 481 requires the City Council to annually review the ordinance authorizing the funding, acquisition, or use of military equipment, and thereafter vote on whether to renew the ordinance. The review must occur at a regular meeting of the City Council. In reviewing the ordinance and determining whether to renew it, the City Council shall consider the annual military equipment report and determine whether it complies with the standards originally required for initial adoption of the military equipment Policy5. The Council may renew the ordinance if it determines all of the following: • The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; • The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties; • If purchasing equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and • Prior military equipment complied with the Policy that was in effect at the time, or if prior uses did not comply with the Policy, that corrective action has been taken to remedy nonconforming uses and ensure future compliance. For the military equipment used by the Burlingame Police department, staff believes the City Council is able to make the required findings. The military equipment used by BPD is necessary because there are no reasonable alternatives that can achieve the same objective for officer and civilian safety. The BPD military equipment is designed to safeguard the public welfare, safety, and civil rights: the Policy and the Annual Report describe the purpose and use of each type of equipment, the fiscal impacts, the rules of use for the equipment, and the training required. For the upcoming year (2023), the Department is not proposing to purchase additional military equipment. Over the last reporting period (2022), there was no violation of the Policy, no investigation for any Policy violations, and therefore no need for corrective action. FISCAL IMPACT Since the Department is not proposing to purchase new military equipment, but only seeks to continue using current equipment, there is no fiscal impact associated with approval of this ordinance. Exhibits • Exhibit A: Burlingame Police Department Policy 708: Military Equipment • Exhibit B: 2022 Annual Report • Proposed Ordinance s Government Code section 7071(e)(1),(2); 7071(d) M Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072). This policy is provided to fulfill the obligations set forth in Assembly Bill 481 (AB 481). These obligations include but are not limited to seeking approval on specific items deemed to be military equipment and requirements related to compliance, annual reporting, cataloguing and complaints. It is the policy of the Burlingame Police Department (Department) that there are legally enforceable safeguards, including transparency, oversight, and accountability measures in place to protect the public's welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. 708.1.1 DEFINITIONS Definitions related to this policy include (Government Code § 7070): Governing body — The Burlingame City Council Law Enforcement Agency - The City of Burlingame Police Department Military equipment — Includes but is not limited to the following: • Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram. • Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition. • Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 1 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray. • TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). • Kinetic energy weapons and munitions. • Any other equipment as determined by a governing body or a state agency to require additional oversight. 708.2 POLICY It is the policy of the Burlingame Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 708.3 MILITARY EQUIPMENT COORDINATOR The Chief of Police shall designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: (a) Acting as liaison to the governing body for matters related to the requirements of this policy. (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Burlingame Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include: 1. Publicizing the details of the meeting. 2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment. (f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072). (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 708.4 MILITARY EQUIPMENT INVENTORY A list of equipment currently held by the Department or in coordination with another local agency is attached to this Policy as Exhibit "A" and incorporated into this Policy by reference. The inventory list will be updated each year as part of the annual report required pursuant to AB 481. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 2 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.5 APPROVAL The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071): (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers. (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment. (g) Acquiring military equipment through any means not provided above. 708.6 USE IN EXIGENT CIRCUMSTANCES In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may acquire, borrow and/or use military equipment that is not included in this policy. If the Department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions: Provide written notice of that acquisition or use to the City Council within 30 days following the commencement of such exigent circumstance, unless such information is confidential or privileged under local, state or federal law. If it is anticipated that the use will continue beyond the exigent circumstance, submit a proposed amended policy to the City Council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the City Council. Include the military equipment in the Department's next annual military equipment report. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 3 Published with permission by Burlingame Police Department Burlingame Police Department Burlingame PD Policy Manual Military Equipment 708.7 COORDINATION WITH OTHER JURISDICTIONS Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 708.8 ANNUAL REPORT Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 708.9 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. Copyright Lexipol, LLC 2022/04/13, All Rights Reserved. ***DRAFT*** Military Equipment - 4 Published with permission by Burlingame Police Department EXHIBIT A Section One: Qualifying Equipment Owned/Utilized by the Burlingame Police Department Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 28 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Colt AR-15 is a lightweight, magazine -fed, gas - operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $34,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully automatic or semiautomatic. Rifles and Ammunition - CA Gov't Code §7070(c)(10) Quantity Owned/Sought: 6 owned Lifespan: Approximately 15 years Equipment Capabilities: M4 Select fire rifle is capable of firing 5.56mm projectile bullet either fully automatic or semiautomatic. Manufacturer Product Description: The Colt M4 is a lightweight, magazine -fed, gas - operated fully automatic or semi -automatic rifle. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $6,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code §7070(c)(10) Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Windham Weaponry AR-15 is a lightweight, magazine -fed, gas -operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: AR-15 semiautomatic rifle is capable of firing 5.56mm projectile bullet. Manufacturer Product Description: The Stagg Arms AR-15 is a lightweight, magazine -fed, gas -operated semi -automatic rifle. It is a semi -automatic version of the M16 rifle sold for the civilian and law enforcement markets in the United States. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: The initial cost of equipment was approximately $2,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy. Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov't Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't Code 7070 c 14 Quantity Owned/Sought: 12 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil -spec anodized aluminum and DuPont supertough glass filled nylon. These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single -shot, spring - advance multi, and pump -advance multi -versions. Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $12,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy. Other Notes: None. Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov't Code 7070 c 14 Quantity Owned/Sought: 2 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles. Manufacturer Product Description: Def-Tec 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil -spec anodized aluminum and DuPont super tough glass filled nylon. These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single -shot, spring - advance multi, and pump -advance multi -versions. Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy. Other Notes: None. Equipment Name: Pepperball FTC Pepperball less lethal Pepperball launchers and Pepmerball munitions - CA Gov't Code W070(c)(12) Quantity Owned/Sought: 2 owned I Lifespan: Approximately 15 years Equipment Capabilities: The FTC is a high -capacity, semi -automatic launcher that is perfect for crowd management and mobile field force operations. Capable of deploying pepper chemicals. Manufacturer Product Description: The FTC is a high -capacity, semi -automatic launcher that is perfect for crowd management and mobile field force operations. Reliable and accurate, it features a hopper that can hold up to 180 rounds, a flexible air source configuration and a compact modular design. • Compact, Lightweight Modular Design • Uses Standard .68 cal Round Projectiles • .68 caliber • 13ci High Pressure Air System • Feeds 20+ Projectiles Per Second with EL-2Tm Hopper • No Recoil • MIL-STD-1913 Rail Platform • Maximum range of 100ft • Cross -bold Safety Purpose/Authorized Uses: The Pepperball FTC Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. Fiscal Impacts: The initial cost of this equipment was approximately $2,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Crowd Control. Training Required: Officers must complete a department certified Pepperball course as well as regular training and qualifications as required by law and policy. Other Notes: None. Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the Burlingame Police Department is a participating agency Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov't Code §7070(c)(1) Quantity Owned/Sought: 2 Drones / 4 Robots Lifespan: Approximately 15 years (Not owned by BPD) Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles. Other Notes: None. Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov't Code 7070 c 2 Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles. Other Notes: None. Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov't Code 7070 c 3 Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown. Equipment Capabilities: Capable of breaching doors, gates, and other points of entry. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Breaching doors, gates, and other points of entry. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles. Other Notes: None. Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov't Code §7070(c)(7) Quantity Owned/Sought: 0 (Not owned by BPD) Lifespan: Unknown. Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus. Other Notes: None. Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov't Code 7070 c 10 Quantity Owned/Sought: 60 (not owned by Lifespan: Approximately 15 years BPD) Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards. Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16- inch barrel, the V7 has a DID improved Flash Suppressor to reduce flash signature. The mid - length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right-handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip. Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to: 1. Situations where the officer reasonably anticipates an armed encounter. 2. When an officer is faced with a situation that may require accurate and effective fire at long range. 3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower. 4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage. 5. When an officer reasonably believes that a suspect may be wearing body armor. 6. When authorized or requested by a supervisor. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Burlingame Police Department Policies on Use of Force and Firearms. Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Operators must successfully complete a CA POST certified SWAT course as well as regular SWAT training and qualifications as required by law and policy. Other Notes: None. Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov't Code 7070 c 12 Quantity Owned/Sought: 20 (Not owned by Lifespan: Unknown. BPD) Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non -explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items. Other Notes: None. Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov't Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by BPD) I Lifespan: Unknown. Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path. Manufacturer Product Description: Unavailable as this equipment is not owned by the Burlingame Police Department. Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others. Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency. Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc. Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items. Other Notes: None. 2022 Annual Military Equipment Report (Burlingame Police Department) Complaints Result of any internal audits or If we intend to acquire additional Equipment Category Make/Manufacturer Summary of how equipment was used and purpose of use received by violations of military equipment Acquisition Costs Annual Costs Funding source for Quantity possessed of each military equipment in the next BPD use polity following calendar year type of equipment year, the quantity sought Colt ARTS $19,000.00 Operating Budget 19 N/A Annual maintenance is Colt M4 $] OOOOD Operating Budge[ ] N/A The purpose of the equipment is to address a threat with more $25/rifle. Ammunition precision and/or greater distances than a handgun, if present and costs a re typically Rifles Windham Wea AR15 SBR Wnry feasible, and this is the manner in which it was deployed, None $4'�0'� $5,000/year Operating Budget 4 N/A indudingtraining. .223 Caliber CCIS eer Du Ammo p ry $1A9 d per roan O Aerating Budget 13,000 rounds N/A We assess and monitor after any ,223 Caliber Winchester Training ammo .43 per round 12,000.00 Operating Budget Operating Budget 20,000 rounds 12 N/A N/A deployment or use of equipment to ensure the equipment is being utilized in a manner which is Penn Arms The purPoseo equipment to limit the escalation of conflict of 40mm Less Lethal where employment of lethal force is prohibited or undesirable consistent with Burlingame Police Def-Tec $2,000.00 Operating Budget 2 N/A Launchers and Kinetic such as self-destructive, dang........ d/or combative None Department Policy and there were Annual Cost range from Energy Munitions individuals; barricaded suspects; riot/crowd control and civil no violations. $1,000 to $$2,000 Less lethal foamAipped projectiles Operating Budget 40 rounds N/A Incidents; and training Thisequipment was not exercises.$28.00 unrestused us tllas[year. FTC $2,D00.00 Operating Budget 2 N/A The Pepperball FTC Less Lethal Launchers and Kinetic Energy Pepperball Live (contains PAVA powder) Duty rounds $277 d roan O [in Bud e[ pera g g 200 rounds N A / Pepperball Launcher Munitions None Annual C.Rang, mm areper intended for use as a less lethal use of force option. $500.00 to $1,00.00 Pepperball inert Training rounds $1.16 per round Operating Budget 1D0 rounds N/A 2022 Equipment Owned/Possessed by NCR SWAT Complaints Result of any internal audits or If' intend to acquire additional Equipment Category Make/Manufacturer Summary of how equipment was used and purpose ofuse r ec wed by violations of military equipment Acquisition Costs Annual Costs Funding source for Quantirypassessedafeach military equipmen[in the next use policy following calendar year type of equipment year,thequantitysought Matrice 210 Uses included search a nd re aspect apprehension; crime Unmanned Aircraft ne doc mentation;tacticasl opeations; scene security; hazard Non System (UAS) Mavik ll Enter prise onitoring, identification and mitigation; response to emergency malls; e crisis communications; and legally authorized surveillance. Sky Hero Loki Mkll Robot. Avatar ll Used to remotely gain visual/audio intelligence, deliver equipment, open doors, and clear buildings ahead of a search iRobot packbot 510 Robots team, for official law enforcement purposes, including search and rescue; tactical operations; hazard monitoring, identification and None mitigation; crisis communications; and legally authorized Recon robotics recon scout surveillance Used to provide for the safe transport, security, and rescue of Armored Vehicles International Armor Group Sentinel agency personnel and citizens in high -risk incidents, and the None equipment was used in this manner, for law enforcement purposes. Braun Northwest mobile command Used as a mobile command post during any incident that Command and Control vehicle required com me nd a nd control beyond a static dispatch center None Vehicles and included official law enforcement purposes, pre -planned Ford motor vehicle F53 motorhome command post events and training ex We assess a nd monitor after a ny COMBINED TACTIACL SYSTEMS, 7290- Used to distract dangerous suspects to allow tactical teams to 2 FLASH_ BANG complete a dangerous mission or task. Distraction devices were deployment or use of equipment Distraction Devices used during high -risk situations where their use would g g None to ensure the equipment being quipmen g COMBINED TACTICALSYSTEMS,only 7290M MINI FLASH -BANG enhance officer safety; and during training exercises. utilized inamanner which is consistent with Burlingame Police DETONATING CORD Department Policy and there were Explosive Breaching The purpose of the equipment is to safely create a positive breach and enter structures for official law enforcement no violations. �� BLASTING CAP O Tools purposes and in accordance with State and Federal Law; and None REMINGTON 870 BREACHING SHOTGUN during training exercises. This equipment was not used last year. DEFENSE TECHNOLOGY FRANGILBE BREACHING ROUND US 7290M CTS 5230 The purpose of the equipment is to limit the escalation Of conflict where employment Of lethal force is prohibited or undesirable US 6330 and 63" Chemical Agents such as self-destructive, dangerous, and/or combative None individuals; barricaded suspects; riot/crowd control and civil CTS 5230E unrest incidents; and training exercises. CTS8210 Used issue dispersal orders during crowd and net control Long Range Acoustical situations or to address the public in civil emergencies, nature Long Range Acoustical Device(LRAD) disasters, evacuations, and police incidents. In the last year, the None Device equipment was deployed to give direction during high -risk situations. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(b)(3) WHEREAS, California Assembly Bill 481 (AB 481) became effective January 1, 2022, which requires law enforcement agencies to adopt a military equipment use policy ("Policy") prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the statute; and WHEREAS, AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and; WHEREAS, Government Code Section 7070 provides a list of types of equipment that are to be considered military equipment for purposes of compliance with AB 481 and the Government Code; and while the Burlingame Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070; additionally, the Burlingame Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as military equipment according to the Government Code; and WHEREAS, AB 481 provides that the Policy must be adopted by ordinance at a regular meeting of the governing body, i.e., the City Council for the law enforcement agency; and WHEREAS, on May 2, 2022, the City Council enacted Ordinance No. 2005, adopting a Military Equipment Use Police for the Burlingame Police Department, and approving use of the military equipment described in the Policy; and WHEREAS, pursuant to AB 481, this Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval; if the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance; and WHEREAS, the Burlingame Police Department prepared an Annual Report of military equipment used in 2022, and publicly released the Annual Report on its webpage on April 6, 2023; thereafter, on April 11, 2023, the Department held a well -publicized community meeting at the Burlingame Community Center which was open to the general public for the purpose of presenting the 2022 Annual Report and answering questions regarding the deployment of the Department's military equipment; and WHEREAS, the City Council has reviewed the 2022 Annual Report, and at a regular meeting considered renewal of the ordinance authorizing use of military equipment; and WHEREAS, in order to comply with AB 481 and the California Government Code, the City Council wishes to renew the ordinance authorizing the continued use of military equipment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 1. Incorporation of Recitals The recitals set forth above are true and correct, and are hereby incorporated herein by this reference as if fully set forth in their entirety. Section 2. Findings Pursuant to Government Code sections 7071(e)(1),(2), and (d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy: A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. B. The proposed Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been E taken to remedy nonconforming uses and ensure future compliance. Section 3. Military Equipment Use Policy Adopted In light of the findings set forth in Section 2, and in accordance with AB 481, the City Council, as the Governing Body described in AB 481, renews the Burlingame Police Department Military Equipment Use Policy and use of the military equipment described therein. Section 4. CEQA Determination The City Council finds and determines this Ordinance is not a project within the meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment. Section 5. Severability If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Section 6. Effective Date This Ordinance shall go into effect 30 days following its adoption. Section 7. Publication The City Clerk is directed to publish this ordinance in a manner required by law. Section 8. Codification This Ordinance shall not be codified in the Burlingame Municipal Code. I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on 17tn day of April 2023 and adopted thereafter at a regular meeting of the City Council held on the day of by the following votes: 3 AYES: NOES: ABSENT ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Meaghan Hassel - Shearer, City Clerk EXHIBIT A BUR— N�An� AGENDA NO: 10a 1... STAFF REPORT MEETING DATE: April 17, 2023 To: Honorable Mayor and City Council Date: April 17, 2023 From: Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Subject: Consideration of Two Appointments to the Measure I Citizens' Oversight Committee RECOMMENDATION Staff recommends that the City Council make appointments to fill two vacancies on the Measure I Citizens' Oversight Committee or take other action. BACKGROUND Due to the expiring terms of Stephanie Lee and Sandeep Shroff, the Measure I Citizens' Oversight Committee currently has two vacancies. The vacancies were publicized, and staff notified past applicants. The City received two applications as of the application deadline of Friday, February 24, 2023. Since Committee members Lee and Shroff elected not to apply, the City extended the deadline to March 17, 2023. No additional applicants applied. On April 11, 2023, the City Council interviewed applicants Todd Gemmer and Peter Roddy. The appointees' terms will be for three years, ending on February 20, 2026. 1 BUR— INGam� AGENDA NO: 10b 1A STAFF REPORT MEETING DATE: April 17, 2023 To: Honorable Mayor and City Council Date: April 17, 2023 From: Jeremy Kirshner, Assistant to the City Manager — (650) 558-7229 Subject: Consideration of Appointment to the Planning Commission RECOMMENDATION Staff recommends that the City Council make an appointment to fill the vacancy on the Planning Commission or take other action. BACKGROUN Due to the expiring term of Commissioner Gaul, the Planning Commission currently has one vacancy. The vacancy was publicized, and notice was sent to past applicants. The City received one application as of the deadline on Friday, March 3, 2023. As Commissioner Gaul elected not to apply, the deadline was extended an additional two weeks. The City received one additional application before the extended deadline of March 17, 2023. On April 11, 2023, the City Council interviewed applicants Adam Glick and Walker Shores. The appointee's term will be for four years, ending on April 7, 2027. 1 � CITY % STAFFBUIRILINGAME REPORT yIII Avo Rw1 To: Honorable Mayor and City Council Date: April 17, 2023 AGENDA NO: 10c MEETING DATE: April 17, 2023 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Subject: Appointment of a Director to the Boards of the Bay Area Water Conservation Agency and the Bay Area Regional Water Financing Authority RECOMMENDATION Staff recommends that the City Council appoint a Director to represent the City of Burlingame at the Bay Area Water Conservation Agency (BAWSCA) and the Bay Area Regional Water Financing Authority (RFA) boards. BACKGROUND The late former Mayor and Councilmember Rosalie O'Mahony represented the City of Burlingame as a founding member and Director of the BAWSCA and RFA boards since their establishment in 2004 until her resignation in January 2021. Upon Ms. O'Mahony's resignation, former Mayor and Councilmember Ann O'Brien Keighran was appointed to serve as the Director for the remainder of the term, which is set to expire on June 30, 2023. The enabling acts of both the BAWSCA and RFA boards require that a vacancy on the boards be filled no later than 90 days from the date the vacancy occurs, but the appointment is recommended to be made as soon as possible to ensure continuous representation. The enabling acts for both agencies also allow the City to appoint a Director for an unlimited number of terms, confirming the appointment at the end of each term or appointing a new Director at the end of each term. DISCUSSION To serve as a Director on both boards, the appointee must be a resident and registered voter of the City, but he or she does not need to be a City Councilmember. The appointment must be made at a public meeting by an action of the full City Council. The term for this appointment will be for four years, effective July 1, 2023, and expiring June 30, 2027. Although not a requirement, an advantage of appointing a currently serving or former elected member of Council to the boards is the stature that his or her presence gives BAWSCA in its dealings with San Francisco, regulatory agencies, and legislators. 1 City Council Appointment of a Director to the Boards of the Bay Area Water April 17, 2023 Conservation Agency and the Bay Area Regional Water Financing Authority The appointments do not need to be memorialized in a resolution; a motion duly passed and recorded in the minutes of the meeting is sufficient. FISCAL IMPACT None. Exhibit: • BAWSCA Appointment Letter 2 Bay Area Water Supply & Conservation Agency January 26, 2023 The Hon. Michael Brownrigg, Mayor City of Burlingame 501 Primrose Rd. Burlingame, CA 94010 Subject: Appointment of a Director to the Boards of the Bay Area Water Supply & Conservation Agency and the Bay Area Regional Water System Financing Authority Dear Mayor Brownrigg, The term in which Anne O'Brien-Keighran was appointed to on the board of directors of the Bay Area Water Supply & Conservation Agency (BAWSCA) will end on June 30, 2023, as will her term on the Bay Area Regional Water System Financing Authority (RFA). Action by your Council must be taken promptly. The enabling acts for both special districts allow the city to reappoint its director for an unlimited number of terms or to appoint a new director at the end of each term. The appointment will be for a four-year term. While BAWSCA and RFA are special districts, they are not a Joint Powers Authority (JPA); therefore, the term and duty is independent of the appointee's home agency. Hence, whoever is appointed will have a term that ends on June 30, 2027. The enabling acts for both special districts require that a vacancy on their boards be filled no later than 90 days from the date the vacancy occurs. However, we encourage your city to make the appointments before June 30, effective July 1, 2023, so that a quorum of both boards can he ensured_ Statutory qualifications: • The appointee must be a resident of, and a registered voter in, the City. • The appointee may, but need not, be a member of your City Council. Mechanics of the appointment process: • The appointments must be made at a public meeting of the City Council and be properly agendized. • The appointments must be made by action of the full City Council, rather than by unilateral action of the Mayor. • The appointments do not need to be memorialized in a resolution; a motion duly passed and recorded in the minutes of the meeting is sufficient. 155 Bovet Road, Suite 650 • San Mateo, CA 94402 • ph 650 349 3000 • fx 650 349 8395 • www.bawsca.org Michael Brownrigg, Mayor January 26, 2023 Page 2 of 2 • A copy of the record of the council actions making the appointment should be sent to BAWSCA. The oaths of office must be administered prior to the appointee's first meeting as a director on the BAWSCA and RFA Boards. The two questions most frequently asked about an appointment are: • Should the appointee be an elected member of the appointing agency's governing board? • Should the same person be appointed to the boards of both agencies? Both of these are matters of policy left entirely to the discretion of your council. I offer the following observations, based on BAWSCA's experience. • The great majority of cities and districts which are participants in BAWSCA and the RFA do select a member of their governing body to serve on the BAWSCA and RFA boards. One advantage of appointing a currently serving or former elected member of your council to the board is the stature that his or her presence gives BAWSCA in its dealings with San Francisco, regulatory agencies and legislators. Another is the familiarity and experience the appointee already has in addressing policy matters for the City. The governing body of each individual agency is, of course, in the best position to evaluate these, and other relevant considerations. • With no exceptions, cities and districts have appointed the same individual to both the BAWSCA and RFA boards. Appointing one person on both boards offers an advantage because, although the two special districts have distinct roles, they are closely related. The familiarity with the issues gained through service on one board will be useful in participating on the other. Additionally, having the same person appointed to both boards assure greater continuity. Please see that your council places this matter on an agenda for action by the end of June 30, 2023. 1 may be reached at (650) 349-3000 or nsandkulla(a_bawsca.org if you have any questions. Sincerely, YViF i ole Sa d Ila Chief Executive Officer/General Manager cc via email: Anne O'Brien-Keighran, BAWSCA Board Member Art Morimoto, BAWSCA Water Management Representative Tim McAuliffe, BAWSCA Water Management Representative � CITYY O STAFFgu REPORT yIII Avo Rw1 To: Honorable Mayor and City Council Date: April 17, 2023 AGENDA NO: 10d MEETING DATE: April 17, 2023 From: Michael A. Guina, City Attorney — (650) 558-7204 Subject: Consideration of a Surveillance Technology Ordinance RECOMMENDATION Staff recommends the City Council receive the staff presentation, consider public comment, and then provide direction on whether to develop a Surveillance Technology Ordinance or provide additional information. BACKGROUND At the April 4, 2022 meeting, the City Council discussed and authorized deployment of Automated License Plate Readers (ALPRs). As part of that discussion, the Council also considered whether to adopt a Surveillance Technology Ordinance as part of the ALPR program. Ultimately the Council decided not to proceed with the Surveillance Technology Ordinance as part of the ALPR deployment. However, Councilmember Beach asked and received support for a Future Agenda Item to continue the Surveillance Technology discussion. Staff presents this report in response to the Council's direction for a continued discussion. The minutes from the April 4, 2022 meeting are attached to this staff report. DISCUSSION A Surveillance Technology Ordinance governs the procurement and oversight of Surveillance Technology. The City Council has complete discretion to define "Surveillance Technology," but the term can be defined as software, a device, or an electronic system used primarily to collect and retain data on an individual or group. Examples of Surveillance Technology could include ALPRs, gunshot detectors, facial recognition software, video cameras, as well as software designed to monitor social media or criminal activity. A Surveillance Technology Ordinance could require the City Council to consider and adopt a Surveillance Impact Report and a Surveillance Use Policy (both described below) at a noticed public hearing prior to the acquisition, use, or sharing of data involving Surveillance Technology. Thereafter, if the City wished to continue deploying the approved Surveillance 1 Consideration of a Surveillance Technology Ordinance April 17, 2023 Technology, an ordinance could also require the City Council to first consider and adopt an Annual Surveillance Report on the Surveillance Technology. Under a potential Surveillance Technology Ordinance, before deploying or sharing data involving Surveillance Technology, the City could be required to take some or all of the following steps: 1. Prepare a proposed Surveillance Impact Report and a Surveillance Technology Use Policy. o A Surveillance Impact Report is a report that includes a description of some or all of the following: ■ the Surveillance Technology and how it works; ■ the proposed purpose of the Surveillance Technology; ■ the proposed location(s) for deployment of the Surveillance Technology and crime statistics for the location(s); ■ an assessment of any potential impact on civil liberties and civil rights, as well as any plans to safeguard rights of the public; ■ the costs of the Surveillance Technology and sources of funding; ■ how and where the data collected will be stored and handled; ■ the experience, if any, of other governmental agencies who have used the same or similar technology, including an analysis of the effectiveness and any known adverse impacts, including unanticipated costs, civil rights or civil liberties impacts, and failures in the technology. o A Surveillance Use Policy is a report that includes a description of some or all of the following: ■ purpose for the Surveillance Technology; ■ authorized uses of the technology and the rules and procedures for the use of the technology; ■ data collection, data access, data protection, data sharing, and data retention; ■ how the collected data may be accessed by members of the public; ■ training required for users of the Surveillance Technology; ■ auditing and oversight for compliance with the Surveillance Use Policy. 2. Prior to considering the Surveillance Impact Report and Surveillance Use Policy, the City would provide Notice of the Public Hearing at which the reports would be reviewed. Ordinances adopted by other jurisdictions provide for a 30-day notice period. 2 Consideration of a Surveillance Technology Ordinance April 17, 2023 3. The City Council would hold a Public Hearing to consider the proposed Surveillance Technology in relation to the Surveillance Impact Report and the Surveillance Use Policy. In order to authorize use of the Surveillance Technology, the City Council would make findings regarding the need for the Surveillance Technology weighed against the costs and potential impacts to civil rights and civil liberties. 4. Thereafter, if the City wished to continue using the Surveillance Technology, staff would be required to submit an Annual Surveillance Report and request continued permission to use the Surveillance Technology. In granting the continued use, the Council must make the above findings regarding the need for the Surveillance Technology weighed against the costs and potential impacts. The cities of Davis, Berkeley, Oakland, San Francisco, and San Diego, the County of Santa Clara, as well as BART have adopted a Surveillance Technology Ordinance. FISCAL IMPACT There is no fiscal impact in considering an ordinance. If the City Council proceeds with development of a Surveillance Technology Ordinance, there may be a fiscal impact based on the amount of staff time to prepare an ordinance, as well as preparation of any associated policies and/or reports. Exhibits: • Minutes from April 4, 2022 City Council Meeting. Wj CITY O^ BURLINGAME do 900 q. �A4i[o uuH[ 6 BURLINGAME CITY COUNCIL Approved Minutes Regular City Council Meeting on April 4, 2022 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 Police Chief Matteucci. 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 Ortiz reviewed upcoming events in the city. 6. PRESENTATIONS a. PROCLAMATION RECOGNIZING APRIL 2022 AS NATIONAL POETRY MONTH Mayor Ortiz read the City's proclamation recognizing April 2022 as National Poetry Month. City Librarian McCulley introduced Eva Chen, a 16-year-old poet from Burlingame. Eva Chen thanked the City for recognizing April 2022 as National Poetry Month. She then read the following poem, that she wrote for the occasion: Burlingame, Explain by Poetry 1 Burlingame City Council April 4, 2022 Approved Minutes when I first moved from the painted ladies and cable car city of San Francisco, to Burlingame, a small corner of the world tethering at the edge of a peninsula, the first thing I saw was a tall eucalyptus tree looming above my house. Burlingame is a city built on the foundation of poetry. Because what is more poetic than a string of a thousand eucalyptus trees, shooting up from the floor like parachutes, only to be pulled back by the weight of gravity. Every fall, I watch cinnamon -brown leaves spiral to the ground in closed perfect circles, casting memories of something once green, belonging to a past summer, now fragile and faded crumbling at the folds of my fingers, a metaphor that all things beautiful come as fast as the seasons change, leaving nothing but the ghosts of them behind to wither away in city sidewalks. Burlingame landscape is poetry: with hills melting into roads like full -mouthed lovers, curves that match the slope of my mother's smile, arched, beautiful, and rounded like a butterfly's wings as it opens for flight — the sun -baked limbs of this city that hugs the spine of the ocean shoreline is poetry. Burlingame people is poetry - each body molded from stardust and similes, blessed by rhymes taken from the heavens, united under one margin is poetry. At the end of this city, where the horizon bleeds into the sunset, where the sea washes into a swollen corpse of the sand, where there is only half -bay moons and lost shadows, is a world left behind by tidal waves and monsoon winds, now home to a mosaic of people, who named it sanctuary, Burlingame. 2 Burlingame City Council Approved Minutes April 4, 2022 The Council thanked Eva Chen for her poem and asked that it be published in the City's enews. 7. PUBLIC COMMENTS, NON -AGENDA There were no public comments. 8. APPROVAL OF CONSENT CALENDAR Mayor Ortiz asked if any his colleagues or members of the public wanted to pull an item from the Consent Calendar. Councilmember Colson pulled item 81. A member of the public pulled item 8e. Vice Mayor Brownrigg made a motion to adopt items 8a, 8b, 8c, 8d, 8f, 8g, 8h, 8i, 8j, and 8k; seconded by Councilmember O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0. a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 16, 2022 MID- YEAR BUDGET STUDY SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 16, 2022 Mid -Year Budget Study Session. b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 21, 2022 CLOSED SESSION City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 21, 2022 Closed Session. c. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE MARCH 21, 2022 REGULAR MEETING City Clerk Hassel -Shearer requested Council approve the City Council Meeting Minutes for the March 21, 2022 Regular Meeting. d. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 13.20.010 OF THE BURLINGAME MUNICIPAL CODE TO ADD STOP SIGNS AT VARIOUS LOCATIONS IN THE CITY, CEOA DETERMINATION: EXEMPT PURSUANT TO STATE CEOA GUIDELINES SECTION 15378 AND 15061(B)(3) DPW Murtuza requested Council adopt Ordinance Number 2004. e. ADOPTION OF A RESOLUTION AWARDING A $1,413,978 CONSTRUCTION CONTRACT TO RADIUS EARTHWORK, INC. FOR THE 2022 STREET RESURFACING PROGRAM, CITY PROJECT NO. 86220, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT 3 Burlingame City Council Approved Minutes April 4, 2022 Manito Velasco asked several questions about how streets were selected for the 2022 Street Resurfacing Program. (comment submitted via publiccomment(&burlin ag me.org). DPW Murtuza stated that these streets were selected in the FY 2021-22 Capital Improvement Program. Councilmember Beach thanked DPW Murtuza for keeping TSPC and BPAC involved in these processes. Mayor Ortiz opened the item up for public comment. No one spoke. Councilmember Colson made a motion to adopt Resolution Number 027-2022; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0. f. ADOPTION OF A RESOLUTION ACCEPTING THE 2021 STREET RESURFACING PROGRAM BY G. BORTOLOTTO & CO. INC., CITY PROJECT NO.85860 DPW Murtuza requested Council adopt Resolution Number 028-2022. g. ADOPTION OF A RESOLUTION AUTHORIZING THE SUSTAINABILITY PROGRAM MANAGER TO EXECUTE DOCUMENTS TO IMPLEMENT AND SECURE CALRECYCLE GRANT PAYMENTS Finance Director Yu -Scott requested Council adopt Resolution Number 029-2022. h. ADOPTION OF A RESOLUTION OF INTENTION TO LEVY BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2022-23 AND SETTING A PUBLIC HEARING FOR MAY 2, 2022; AND APPROVING THE DISTRICT'S ANNUAL REPORT FOR 2021-22 Finance Director Yu -Scott requested Council adopt Resolution Number 030-2022. i. ADOPTION OF A RESOLUTION OF INTENT TO AMEND THE CITY OF BURLINGAME MASTER FEE SCHEDULE FOR THE 2022-23 FISCAL YEAR; SET THE PUBLIC HEARING FOR SUCH AMENDMENT FOR MAY 2, 2022 Finance Director Yu -Scott requested Council adopt Resolution Number 031-2022. j. ADOPTION OF A RESOLUTION AWARDING A $830,314 CONSTRUCTION CONTRACT TO JJR CONSTRUCTION, INC. FOR THE 2022 SIDEWALK REPAIR PROGRAM, CITY PROJECT NO. 86250, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT DPW Murtuza requested Council adopt Resolution Number 032-2022. 4 Burlingame City Council Approved Minutes April 4, 2022 k. ADOPTION OF A RESOLUTION OPPOSING INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT, AND AUTHORIZING THE MAYOR TO SEND A LETTER OF OPPOSITION City Manager Goldman requested Council adopt Resolution Number 033-2022. 1. AUTHORIZING THE MAYOR TO SEND A LETTER IN SUPPORT OF AB 1814 (GRAYSON), TRANSPORTATION ELECTRIFICATION: CO NITY CHOICE AGGREGATORS This item was pulled by Councilmember Colson because AB 1814 died in committee. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADJUSTING THE STORM DRAINAGE FEE FOR FISCAL YEAR 2022-23 BY 2.0% BASED ON THE CPI — SAN FRANCISCO AREA AS PUBLISHED ON MARCH 10, 2022 Finance Director Yu -Scott explained that each year, the City is allowed to adjust the storm drainage rate by CPI, not to exceed 2%. She noted that the CPI report for February 2022 indicated a CPI increase of 5.2%. Finance Director Yu -Scott proposed a 2% increase in the storm drainage fee. She noted that this would raise the rate charged per square foot of impervious area from 5.269 cents to 5.374 cents effective July 1, 2022. The increase is estimated to produce an additional $62,520, for estimated revenue of approximately $3.2 million in fiscal year 2022-23. Mayor Ortiz opened the public hearing. No one spoke. Councilmember Beach made a motion to adopt Resolution Number 034-2022; seconded by Councilmember O'Brian Keighran. The motion passed unanimously by roll call vote, 5-0. 10. STAFF REPORTS AND CO NICATIONS a. CONSIDERATION OF THREE APPOINTMENTS TO THE PLANNING COMMISSION City Manager Goldman stated that there were three impending vacancies due to the expiring terms of Commissioner Loftis, Commissioner Terrones, and Commissioner Tse. She explained that the City received seven applications as of the March 4, 2022 deadline. However, because Commissioner Loftis and Commissioner Terrones elected not to reapply, the deadline was extended an additional two weeks. She noted that this resulted in three additional applications as of the extended deadline of March 18, 2022. 5 Burlingame City Council Approved Minutes April 4, 2022 City Manager Goldman stated that the Council interviewed the following nine applicants (one of the original seven applicants withdrew from the process) via Zoom on March 30, 2022: Victor Aenlle, Chris Horan, Uma Krishan, Sean Lowenthal, Patrick Martin, Charlotte Payton, Zachary Rozlen, Audrey Tse, and Bobba Venkatadri. City Manager Goldman noted that the appointee terms will be for four years, ending on April 7, 2026. Mayor Ortiz opened the item up for public comment. Mr. Torres voiced his support for Victor Aenlle and Uma Krishan. (comment submitted via publiccommentgburlin - a�g). Mayor Ortiz closed public comment. City Clerk Hassel -Shearer asked the Council to text her their votes. Mayor Ortiz thanked Commissioner Loftis and Commissioner Terrones for their service to the community. City Clerk Hassel -Shearer read the Council votes. Congratulations to Commissioner Tse on her re -appointment. Congratulations to Sean Lowenthal and Chris Horan on their appointment to the Planning Commission. b. DISCUSSION AND DIRECTION ON POTENTIAL TAX MEASURES City Manager Goldman began with a review of the difference between a general tax and a special tax: A general tax is a tax imposed for general governmental purposes, the proceeds of which are deposited into the General Fund. A majority vote of the electorate is required to impose, extend, or increase any general tax. An election for a general tax must be consolidated with a regularly scheduled general election of City Councilmembers. A special tax is a tax that is collected and earmarked for a specific purpose and deposited into a separate account of the General Fund. A two-thirds vote of the electorate is required to impose, extend, or increase any special tax. Special taxes do not need to be consolidated with a regularly scheduled general election of City Councilmembers. City Manager Goldman explained that on September 20, 2021, the Council held a study session on potential tax measures, with an eye toward the possible placement of one or more measures on the November 2022 ballot. She stated that the Council directed staff to explore a few of the options discussed at the study session and return to Council with additional information. The potential tax measures included a business license tax, a cannabis tax, and a tax measure similar in structure to the City of East Palo Alto's Measure HH to address sea level rise, the Broadway Grade Separation project, or another large infrastructure project. 11 Burlingame City Council Approved Minutes April 4, 2022 City Manager Goldman discussed the City's business license tax. She explained that the City levies a flat rate business tax on all businesses. She explained that this means that a small mom-and-pop business pays the same amount, $100, as a large business such as an auto dealer, the Apple store, or Facebook. She added that many of the City's neighboring jurisdictions, in contrast, levy a gross receipts tax. City Manager Goldman discussed the following chart: City Name Population Estimated Number of Businesses in FY 2018-19 Tax Type Estimated Revenue FY 2018-19 Last Revision Belmont 26,941 3,074 Employee and Flat Rate $880,000 1993 Burlingame 30,889 5,897 Flat Rate $589,737 2001 Foster City 33,693 3,714 Gross Receipts $1,764,875 2013 Menlo Park 34,138 5,491 Gross Receipts $2,295,367 1975 Millbrae 22,394 2,385 Employee and Gross Receipts $381,177 2004 Redwood City 85,319 16,175 Employee $2,697,658 2018 San Bruno 42,807 4,060 Gross Receipts $2,176,473 2019 San Carlos 30,185 4,245 Employee $1,020,000 2003 San Mateo 104,570 21,337 Gross Receipts $6,265,284 1984 South San Francisco 67,789 5,590 Employee and Flat Rate $1,805,595 2008 City Manager Goldman noted that she believes that Belmont was considering a business license tax measure that would be based on gross receipts. City Manager Goldman stated that staff worked with HdL Companies to review the City's business license tax and determine alternative models. She stated that at the February 22, 2022 study session, HdL presented the City with three alternate business license tax structures: one flat rate model and two gross receipts models. She noted that the flat rate model would not address the City's existing equity issue. However, the two gross receipt models would inject more fairness into the City's business license tax structure. She stated that the Council was concerned that Model 3 would have too great an impact on many of the City's businesses. City Manager Goldman stated that after the February 22, 2022 study session, staff met with HdL to brainstorm alternate models that would address the Council's concerns about the initial models. She explained that HdL will review four new models for the Council's consideration. She stated that all of the models will result in varying levels of increased revenues for the City. City Manager Goldman discussed the four models. She explained that the first model contains two options: • Flat rate business tax would rise to either $125, $150, or $175 across the board 7 Burlingame City Council Approved Minutes April 4, 2022 Tax would rise to $150, $200, or $300, with the amount levied based on gross receipts She stated that models 2, 3, and 4 are all variations of gross receipts -based models. • Model 2 includes classification -based rates, which spread the burden of an increase across multiple business types. • Models 3 and 4 are both single gross receipts rates, with Model 4 capping the maximum payment at various levels City Manager Goldman discussed a cannabis retail delivery tax. She explained that in February 2021, the Council adopted an ordinance allowing cannabis retail delivery from businesses located within the city limits. She stated that Council expressed an interest in levying a cannabis delivery tax, which a representative for a cannabis delivery company noted could bring in approximately $1 million annually from his company alone. She noted that according to HdL, one way to address the cannabis tax is to include it as a subsection under the business license tax ordinance. She stated that this would avoid the need for a separate tax measure. City Manager Goldman discussed the City of East Palo Alto's Measure HH parcel tax. She explained that the City of East Palo Alto put a parcel tax measure on the November 2018 ballot. The parcel tax was for commercial office space of 25,000 square feet or more at the rate of $2.50 per square foot. She noted that the measure was estimated at the time to raise $1.675 million annually for housing and career programs. City Manager Goldman stated that Councilmembers expressed an interest in pursuing a measure similar to Measure HH. She noted that Council wanted to use the funds to help with sea level rise projects or to pay the City's share of the Broadway Grade Separation project. She added that HdL's presentation includes a slide showing the estimated revenue from levying such a tax in Burlingame on commercial office buildings 25,000 square feet and above, 50,000 square feet and above, and 100,000 square feet and above. City Manager Goldman stated that at the February 2022 study session, Councilmember O'Brien Keighran requested that staff research other tax measures that may appear on the November 2022 ballot. She explained that at the time of the meeting, there were four initiatives cleared for signature gathering at the State level: An initiative to increase the tax on personal income over $2 million to fund programs to reduce greenhouse gas emissions An initiative to increase the tax on personal income over $5 million to fund pandemic detection and prevention activities. Two similar initiatives that would increase taxes on high value properties over $4 million to increase the portion of a homeowner's property value that is exempt from property tax from $7,000 to $200,000 and provide up to a $2,000 supplemental income tax credit for renters City Manager Goldman noted that the County is working diligently on a measure that seems similar to the City of East Palo Alto's parcel tax. 8 Burlingame City Council April 4, 2022 Approved Minutes City Manager Goldman explained that the City has until the second week of August to put a measure on the November 2022 ballot. She added that because of the Council's summer break, the City would need to take all necessary steps by the first meeting in July. HdL representative Josh Davis gave the Council a presentation on potential business license taxes. Mr. Davis reviewed the different business tax models for the Council to consider: Business Tax Model 1: Change Annual Rate Model LA — By Rate Change Number of Businesses Estimated FY 2021-22 Revenue 25% Increase 50% Increase 75% Increase 5,836 $583,600 $729,500 $875,400 $1,021,300 Model LB — By Business Type Gross Receipts Number of Businesses Annual Rate Total Estimated Amount Projected Revenue Small Business (less 3,712 $150 $556,800 than $250,000 Medium Business (over 1,769 $200 $353,800 $250,000 - $1,000,000 Large Business (over 355 $300 $106,500 $1,000,000 TOTAL $1,017,100 Mr. Davis then reviewed the impact these two models would have on different business types: Hypothetical Business/ City's Current Rates Model LA Overall Model LB Rate Employee Count/ Rate Increase of 50% Increase by Business Annual Gross Receipts Type Total Auto Service Business/ $100 $150 $200 5 employees/ $400,000 in gross receipts Casual Dining $100 $150 $200 Restaurant/ 10 employees/ $350,000 in gross receipts Contractor/ 3 $100 $150 $150 employees/ $200,000 in gross receipts 0 Burlingame City Council Approved Minutes April 4, 2022 Boutique Retail Store/ 12 employees/ $2 million in gross receipts $100 $150 $300 Fine Dining Restaurant/ $100 $150 $200 8 employees/ $850,000 in gross receipts Retail Goods and $100 $150 $200 Clothing Store/ 10 employees/ $600,000 in gross receipts Business Tax Model 2: Gross Receipts — Classification — Based Rates — Reduce Categories Base Rate Gross Receipts Tax Rate General Commerce/Retail $50 Flat Rate per Business for the first $50,000 in Gross Receipts 0.0005 x Gross Receipts Rental (commercial and residential 0.0001 x Gross Receipts Service 0.0001 x Gross Receipts Professional 0.0015 x Gross Receipts Administrative/ Research and Development 0.0015 x Gross Receipts Contractors 0.001 x Gross Receipts Mr. Davis stated that this option has the benefit of spreading the burden of an increase across multiple business types. He showed how this would play out: Business Type Number of Estimated Base Rate $50 per Total Estimated Accounts Taxable Gross Business Annual Gross Receipts Receipts Tax Contractors 1,377 $146,205,301 $68,850 $77,355 General 712 $669,835,011 $35,600 $317,118 Commerce/Retail Service 2,004 $862,416,375 $100,200 $762,216 Administrative/ 77 $63,364,633 $3,850 $89,272 Research and Development Rental 70 $36,338,070 $3,500 $32,838 (commercial and residential Professional 1,596 $594,920,527 $79,800 $772,681 5,836 $2.3 billion $291,800 $2,051,480 10 Burlingame City Council Approved Minutes April 4, 2022 TOTAL $2,343,280 Mr. Davis reviewed what the impact of this model would be on different business types: Hypothetical Business/ City's Current Rates Model 2 — Gross Receipt Employee Count/ Annual Gross Classification Based — First Receipt Total $50,000 Auto Service Business/ 5 $100 $400 employees/ $400,000 in gross receipts Casual Dining Restaurant/ 10 $100 $200 employees/ $350,000 in gross receipts Contractor/ 3 employees/ $100 $200 $200,000 in gross receipts Boutique Retail Store/ 12 $100 $1,075 employees/ $2 million in gross receipts Fine Dining Restaurant/ 8 $100 $450 employees/ $850,000 in gross receipts Retail Goods and Clothing Store/ $100 $325 10 employees/ $600,000 in gross receipts Business Tax Model 3: Single Gross Receipts Rate — Reduced Rates Model 3.A — Gross Receipts Total over $25,000 Number of Taxable Gross Base Rate at $50 Tax Amount Tax Amount Accounts Receipts per Account $0.50/thousand $0.75/thousand over $25,000 over $25,000 5,836 $2.38 $291,800 $1,113,590 $1,670,385 TOTAL $1,405,390 $1,962,185 Model 3.B — Gross Receipts Total over $50,000 Number of Taxable Gross Base Rate at $50 Tax Amount Tax Amount Accounts Receipts per Account $0.50/thousand $0.75/thousand over $50,000 over $50,000 5,836 $2.38 $291,800 $1,040,640 $1,560,960 TOTAL $1,332,440 $1,852,760 Model IC — Gross Receipts Total over $75,000 11 Burlingame City Council Approved Minutes April 4, 2022 Number of Taxable Gross Base Rate at $50 Tax Amount Tax Amount Accounts Receipts per Account $0.50/thousand $0.75/thousand over $75,000 over $75,000 5,836 $2.38 $291,800 $967,690 $1,451,535 TOTAL $1,259,490 $1,743,335 Mr. Davis compared the impact on these models on different business types: Hypothetical City's Model 3.A — Model 3.11 — Model 3.0 — Single Business/ Employee Current Single Gross Single Gross Gross Receipt — Count/ Annual Rates Receipt — Receipt — Threshold Increased: Gross Receipt Total Threshold Threshold $0.50/thousand over Increased: Increased: $75,000 $0.50/thousand $0.50/thousand over $25,00 over $50,000 Auto Service $100 $238 $225 $213 Business/ 5 employees/ $400,000 in gross receipts Casual Dining $100 $213 $200 $188 Restaurant/ 10 employees/ $350,000 in gross receipts Contractor/ 3 $100 $13 8 $125 $113 employees/ $200,000 in gross receipts Boutique Retail Store/ $100 $1,038 $1,025 $1,013 12 employees/ $2 million in gross receipts Fine Dining $100 $463 $450 $438 Restaurant/ 8 employees/ $850,000 in gross receipts Retail Goods and $100 $338 $325 $313 Clothing Store/ 10 employees/ $600,000 in gross receipts Hypothetical City's Model 3.A — Model 3.B — Model 3.0 — Single Business/ Employee Current Single Gross Single Gross Gross Receipt — Rates Receipt — Receipt — Threshold Increased 12 Burlingame City Council Approved Minutes April 4, 2022 Count/ Annual Threshold Threshold - $0.75/thousand Gross Receipt Total Increased: $0.75 Increased: over $75,000 /thousand over $0.75/thousand $25,00 over $50,000 Auto Service $100 $331 $313 $294 Business/ 5 employees/ $400,000 in gross receipts Casual Dining $100 $294 $275 $256 Restaurant/ 10 employees/ $350,000 in gross receipts Contractor/ 3 $100 $181 $163 $144 employees/ $200,000 in gross receipts Boutique Retail Store/ $100 $1,513 $1,513 $1,494 12 employees/ $2 million in gross receipts Fine Dining $100 $669 $650 $631 Restaurant/ 8 employees/ $850,000 in gross receipts Retail Goods and $100 $481 $463 $444 Clothing Store/ 10 employees/ $600,000 in gross receipts Business Tax Model 4: Gross Receipts Rate — Reduced Rates — Maximum Payment Cap Mr. Davis stated that this option caps the fee that the business would pay if it generated a large enough gross receipts total. Number of Taxable Base Rate at Tax Amount Tax Amount Tax Amount Accounts Gross $50 per $0.50/thousand $0.50/thousand $0.50/thousand Receipts Account over $25,000 — over $25,000 — over $25,000 — maximum maximum maximum payment capped payment payment at $750 capped at capped at $1,000 $2,000 5,836 $2.38 $291,800 $780,972 $833,296 $957,711 TOTAL $1,072,772 $1,125,096 $1,249,511 13 Burlingame City Council Approved Minutes April 4, 2022 Number of Taxable Base Rate at Tax Amount Tax Amount Tax Amount Accounts Gross $50 per $0.75/thousand $0.75/thousand $0.75/thousand Receipts Account over $25,000 — over $25,000 — over $25,000 — maximum maximum maximum payment capped payment payment at $750 capped at capped at $1,000 $2,000 5,836 $2.38 $291,800 $1,067,116 $1,141,403 $1,330,993 TOTAL $1,358,916 $1,433,203 $1,622,793 Mr. Davis compared the impact of this model on different business types: Hypothetical City's Model 4 Gross Model 4 Gross Model 4 Gross Business/ Employee Current Receipts — Receipts — Receipts — Reduced — Count/ Annual Rates Reduced — Reduced — Payment Capped: Gross Receipt Total Payment Capped: Payment $0.50/thousand $0.50/thousand Capped: capped at $2,000 capped at $750 $0.50/thousand capped at $1,000 Auto Service $100 $238 $238 $238 Business/ 5 employees/ $400,000 in gross receipts Casual Dining $100 $213 $213 $213 Restaurant/ 10 employees/ $350,000 in gross receipts Contractor/ 3 $100 $13 8 $13 8 $13 8 employees/ $200,000 in gross receipts Boutique Retail Store/ $100 $750 $1,000 $1,038 12 employees/ $2 million in gross receipts Fine Dining $100 $463 $463 $463 Restaurant/ 8 employees/ $850,000 in gross receipts Retail Goods and $100 $338 $338 $338 Clothing Store/ 10 employees/ $600,000 in gross receipts 14 Burlingame City Council Approved Minutes April 4, 2022 Hypothetical City's Model 4 Gross Model 4 Gross Model 4 Gross Business/ Employee Current Receipts — Receipts — Receipts — Reduced — Count/ Annual Rates Reduced — Reduced — Payment Capped: Gross Receipt Total Payment Capped: Payment $0.75/thousand $0.75/thousand Capped: capped at $2,000 capped at $750 $0.75/thousand capped at $1,000 Auto Service $100 $331 $331 $331 Business/ 5 employees/ $400,000 in gross receipts Casual Dining $100 $294 $294 $294 Restaurant/ 10 employees/ $350,000 in gross receipts Contractor/ 3 $100 $181 $181 $181 employees/ $200,000 in gross receipts Boutique Retail Store/ $100 $750 $1,000 $1,531 12 employees/ $2 million in gross receipts Fine Dining $100 $669 $669 $669 Restaurant/ 8 employees/ $850,000 in gross receipts Retail Goods and $100 $481 $481 $481 Clothing Store/ 10 employees/ $600,000 in gross receipts Mr. Davis next reviewed a potential cannabis tax measure. He explained that forecasting the potential size of the City's cannabis market is beyond the scope of the business license tax study. However, preliminary numbers indicate that if the City were to capture a significant market share, which may be a challenge given the expansion of delivery and retail services in the area, at a rate of 4%, the City could stand to gain between $300,000 to $500,000 per year in revenue from the four cannabis delivery services businesses. He noted that this opportunity for revenue generation can be done through the creation of a separate classification or class for cannabis businesses within the existing business license ordinance provisions. Mr. Davis next reviewed the potential revenue from a parcel tax measure similar to Measure HH. He noted that based on a preliminary review, implementing a tax of $2.50 per square foot on commercial offices in Burlingame (excluding government buildings and other buildings exempt from property tax) would yield approximately: 15 Burlingame City Council Approved Minutes April 4, 2022 Threshold Estimated Parcels Estimated Revenue Greater than 25,000 square feet 34 $5,400,000 Greater than 50,000 square feet 18 $4,000,000 Greater than 100,000 square feet 7 $2,300,000 Councilmember Colson asked in regard to gross receipts, what happens to a law firm that has a presence in Burlingame but a main office somewhere else. Mr. Davis stated that while the tax is measured by gross receipts, it is based on the ability to do business in Burlingame. He explained that this is done by apportioning the business activity by percentage of what is done in Burlingame. Councilmember Colson asked about individuals who work most of the time out of another office. Mr. Davis stated that the same principle and rule applies. Vice Mayor Brownrigg stated that it seems administratively complex to base a business license tax on gross receipts. He asked how cities manage this program and whether disputes occur. Mr. Davis stated that the process for the most part is the same. He noted that most businesses know their gross receipts, and therefore most cities don't have any issue managing the program. He added that the process is self -assessed by the businesses, and therefore the government doesn't step in unless it sees a problem. Councilmember Beach asked if cities with big tech companies cap their gross receipts tax. Mr. Davis replied in the negative. Councilmember Beach asked if any cannabis delivery company would be operational in the next year or two in Burlingame. CDD Gardiner replied in the affirmative. He stated that he believed two would be operational. Councilmember O'Brien Keighran asked if most cities incorporate an escalator with their business license tax. Mr. Davis stated that if a city has a flat rate tax, then they use a CPI escalator. However, he noted that most cities are now favoring a tax based on gross receipts, and in those cases an escalator is not needed. Councilmember O'Brien Keighran stated that if an increase to the business license tax is brought to the voters, the language would need to be clarified for the community to understand the proposal. She asked how many words were allowed for a ballot measure question. City Clerk Hassel -Shearer stated that 75 words are allowed. City Manager Goldman explained that the City would be able to further explain the measure through the ballot question summary, legal analysis, and arguments in favor, all of which are included in the Sample Ballot Pamphlet. Councilmember Beach asked if the City has enough time to get a successful measure on the November ballot. City Manager Goldman stated that the timeline is very tight. Mayor Ortiz asked how HdL came up with the $2,000 cap. City Manager Goldman stated that it came out of a brainstorming session. 16 Burlingame City Council Approved Minutes April 4, 2022 Vice Mayor Brownrigg asked if he was correct that the cannabis tax can be independent of the business license tax measure. City Manager Goldman replied in the affirmative. Mayor Ortiz opened the item up for public comment. Noriaki Kojima stated that he wasn't in favoring of increasing the business license tax based on revenue. (comment submitted via publiccommentgburlin ag me.org). Dennis Mitchell stated that he approved increasing the business license tax but didn't want it based on gross receipts. (comment submitted via publiccomment&burlin ag me.org). Francesca Tashjian stated that while she agreed that the fee structure needs to change, she didn't think basing it on gross receipts would be appropriate. (comment submitted via publiccomment(&burlin ag me.org). Jenny Keleher stated that the City's businesses were still suffering from the pandemic and thought the business license tax should be increased to a maximum of $150 to $200. (comment submitted via publiccomment&burlin ag me.org). John Kevranian stated that the Broadway BID would like more time to review the different models. (comment submitted via publiccomment&burlin ag me.org). Humberto Berenfus voiced concern about increasing the business license tax. (comment submitted via publiccomments(d),burlin ag me.org). Mayor Ortiz closed public comment. Vice Mayor Brownrigg stated that he was unsure he supported enacting a gross receipts tax. He noted that it is more complicated, and it might treat some businesses more harshly than others. However, he explained that after 21 years of not increasing the business license tax, he didn't think anyone could argue against the need to do so. He added that he would support an increase to the flat tax. He suggested having a tiered system. Councilmember O'Brien Keighran stated that while the City has the third highest number of businesses among those studied, it is second to last in terms of business license tax revenue. She explained that she would like to see the City in the middle of this list. Therefore, she thought the City should increase the flat rates utilizing Model I.B. She suggested having a tiered system of- 0 Small business - $150 • Medium business - $250 • Large business - $600 She stated that the City's revenue would be a little over $1.2 million. She added that she would also want to include an escalator. 17 Burlingame City Council Approved Minutes April 4, 2022 Councilmember Colson stated that she liked Councilmember O'Brien Keighran's suggestion of a tiered system. She added that she was less inclined to enact a separate cannabis tax and would rather roll it in with the business license tax update. She discussed all the work that goes into putting a measure on the ballot. Councilmember Beach stated that whatever the City decides to do, it has to be fair and equitable. She noted that she isn't sure that increasing the flat tax a little bit is worth it. She discussed the need to fix the fairness and equity in the tax structure; however, she wasn't sure any of these models did that. Councilmember Beach stated that she was in favor of a parcel tax to assist with the Broadway Grade Separation or sea level rise but didn't think this was the year to do that. Mayor Ortiz stated that he liked Councilmember O'Brien Keighran's tiered system. He noted that he thought it was clear that the $100 business license tax isn't enough. He added that he believed Councilmember O'Brien Keighran's tiered system with an escalator made the most sense. He stated that he thought the three tiers should be • Small businesses - $200 • Medium businesses - $300 • Large businesses - $700 Councilmember Colson stated that there is never a good time to raise taxes. However, she noted that the City hasn't done it in 21 years, and there is a need to diversify the City's funds. She explained that she would like the City to poll different tiered systems to see what the community likes. City Manager Goldman replied in the affirmative. Councilmember O'Brien Keighran stated that she was looking at the business license tax increase to help with sidewalk repairs, improvements to the business districts, and other projects. She explained that the parcel tax measure could be discussed for a future election. However, she didn't think it should be put on the same ballot as the County's proposed measure. Vice Mayor Brownrigg stated that he agreed with both Councilmember O'Brien Keighran and Councilmember Beach. He thought the measure was a heavy lift for a modest amount of money. However, he did think it was important to modernize the business license tax. Mayor Ortiz stated that the increase is creating an income stream that will continue for years. He noted that while it might only be $1 million initially, over ten years it will be $10 million. He asked what the tiers were that the staff would have consultants' poll. City Manager Goldman reviewed the proposed tiers. Councilmember Beach stated that she would be in favor of having a fourth tier for the mega businesses. She added that she appreciated her colleagues' comments on going forward with a measure to modernize the business license tax. Councilmember Colson stated that she would have the mega businesses level be significant. She suggested the fourth tier be based on businesses with gross receipts over $20 million so as to not capture grocery stores. 18 Burlingame City Council Approved Minutes April 4, 2022 She added that this would send a message that because those businesses use more infrastructure, they need to pay more. The Council agreed to have a consultant poll on tiers, a potential fourth tier, and the inclusion of an escalator. c. AUTOMATED LICENSE PLATE READER (ALPR) DISCUSSION Police Chief Matteucci stated that this item was discussed at the January 18 and February 22 Council meetings. He noted that this meeting's discussion was noticed in the San Mateo Daily Journal, in the enews, on the Police Department's website, and via social media. Police Chief Matteucci stated that at the previous meetings, the Council discussed the pros and cons of ALPRs. He reviewed some of the pros of the City obtaining ALPRs including: • Locating stolen vehicles • Locating missing people • Preventing criminal activity • Assisting with criminal investigations He also reviewed some of the cons of the City obtaining ALPRs including: • Privacy issues • Large data pools • Potential data breaches • Costs Police Chief Matteucci stated that he was tasked with reaching out to other San Mateo County cities that currently use ALPRs. He explained that the City received overwhelmingly positive feedback about ALPRs. He noted that 14 out of the 20 cities in the County currently use ALPRs including all of the City's neighbors. He stated that on average each city has 20 ALPRs. Police Chief Matteucci discussed how ALPRs work and how they are intended to be used in the city. He explained that ALPRs are primarily used in two ways: • Real time notification system — the dispatch center is notified if a wanted vehicle passes an ALPR. Wanted vehicles are stolen vehicles, those associated with a missing person, and those associated with a serious crime such as robbery or homicide. • After the fact investigatory tool — allows officers and inspectors to review specific timeframes when investigating cold crimes He clarified that arrest warrants are generally not attached to vehicles. Police Chief Matteucci explained that if the City purchases ALPRs, State law requires the City to have safeguards and privacy policies in place. He reviewed the questions that the policy would have to answer. He noted that a draft policy was attached to the staff report. 19 Burlingame City Council April 4, 2022 Approved Minutes Police Chief Matteucci stated that there is an optional surveillance technology ordinance that can be adopted by Council. He explained that under this ordinance, the City Council would need to review any surveillance technology prior to usage. He noted that these reviews would include a surveillance impact report and a surveillance technology use policy. He added that no city in San Mateo County has adopted an ordinance of this nature, but cities like San Francisco, Oakland, and Berkeley have. Vice Mayor Brownrigg asked about crime in Burlingame over the past four years. Police Chief Matteucci stated that residential burglaries have decreased, and vehicle burglaries have increased. He reviewed additional statistics including stolen vehicles and commercial burglaries. Vice Mayor Brownrigg stated that the City's police department has done a great time keeping Burlingame safe. He voiced concern about people being pulled over for individual warrants. Police Chief Matteucci stated that 95% of the hits that police departments get from ALPRs are stolen vehicles. He added that seldom is a person's warrant connected with a vehicle. Councilmember Beach stated that the City of Alameda recently passed a fixed automated license plate reader draft policy. She noted that Alameda worked with civil liberties advocates on the policy. She asked if staff reviewed Alameda's policy. City Attorney Guina stated that Alameda's policy is more robust than the one attached to the staff report. He added that based on the Council's direction, staff could incorporate aspects of Alameda's policy into the City's policy. Mayor Ortiz asked about the requirement for annual reports. Police Chief Matteucci stated that the annual reports are required under the optional surveillance technology ordinance. However, he noted that the Council could always direct staff to include annual reports as a requirement in the draft policy. Mayor Ortiz opened the item up for public comment. John Martos asked whether the six cities in the County that didn't have ALPRs had explained why to staff. Police Chief Matteucci stated that there was hesitancy from their governing bodies regarding privacy. Brian Hofer discussed the City's draft policy and stated that there were areas for improvement. Constance Quirk discussed her concerns about the increase in crime in Burlingame. She urged the Council to purchase ALPRs. (comment submitted via publiccomment(a),burlin ag me.org). Charles stated that he was opposed to ALPRs. (comment submitted via publiccomment(d),burlin ag me.org). Mayor Ortiz closed public comment. Mayor Ortiz voiced support for purchasing ALPRs. He explained that he thought the City could create enough boundaries within its policy to ensure that ALPRs are properly used. Councilmember Colson suggested an ALPR pilot program. 20 Burlingame City Council Approved Minutes April 4, 2022 Councilmember Beach stated that she appreciated the discussion and staff s recommendation of 30-day retention of ALPR data. She explained that she would like to see the City adopt a surveillance vetting technology ordinance. She noted the increase of technology in this realm and thought it was important for the Council to thoroughly understand the technology before it is put in use. She added that she would like to see the City adopt a policy similar to that of the City of Alameda. Councilmember O'Brien Keighran stated that she didn't think the City needed a surveillance impact report. She added that she would like to move forward and implement a pilot program. She noted that she would like an annual summary of how the ALPRs are being utilized. Mayor Ortiz stated that he liked the idea of an annual summary. Vice Mayor Brownrigg asked if a surveillance technology ordinance needed to come before the purchase of ALPRs. He discussed his experience with living in a police state and didn't think that the community wanted to live in that atmosphere. He worried about the consequences and risks of the City installing surveillance technology. Vice Mayor Brownrigg stated that he would like to see the City adopt a surveillance ordinance in conjunction with the purchase of ALPRs that outlines the rules for how this technology is used. Mayor Ortiz stated that Councilmember O'Brien Keighran is recommending that the City undertake a pilot program. He noted that he was comfortable with moving forward with a pilot program. Councilmember Beach stated that she would like to see the City work on a surveillance vetting technology ordinance in conjunction with the pilot program. Councilmember Colson asked if the ordinance needed to be done prior to the pilot program. City Attorney Guina stated that the Council can move forward with a pilot program now without a surveillance technology ordinance. He added that at a later date, the Council can give direction to staff to pursue a surveillance technology ordinance. Mayor Ortiz asked what the pilot program would look like. Police Chief Matteucci stated that he laid out a few options in the staff report including 14 or 6 locations. He noted that if the Council wanted to cover the entrances to the city, it would be better to go with 14 locations. Mayor Ortiz asked if 14 locations meant 14 cameras. Police Chief Matteucci replied in the negative. He explained that 14 locations would need 20 cameras. Vice Mayor Brownrigg stated that if the City was going to undertake a pilot program, then the Council should recommend 14 locations to see if it works. However, he would like to see the Council make a commitment that before the year is out, the City will review enacting a surveillance technology ordinance. He suggested creating a subcommittee that can work with staff on this ordinance. 21 Burlingame City Council April 4, 2022 Approved Minutes Mayor Ortiz concurred with Vice Mayor Brownrigg that 14 locations should be in the pilot program. Councilmember Colson and Councilmember O'Brien Keighran concurred with 14 locations. Vice Mayor Brownrigg asked if there was a consensus to create a surveillance policy. City Attorney Guina stated that there was a difference between a surveillance policy and ordinance. He noted that a policy must be in place to deploy the ALPRs. He added that a draft policy is attached to the staff report. He explained that an ordinance is more detailed and requires an impact report. Vice Mayor Brownrigg stated that he would like to see the City work towards an ordinance. Councilmember O'Brien Keighran stated that she would prefer going forward with the pilot program and re- evaluating in a year whether an ordinance is needed. She explained that she would want to see the data first before creating an ordinance to understand if it is needed. Councilmember Beach stated that she thought what the ordinance would do is create a framework for how to vet any type of surveillance technology that is brought to Council in the future. Mayor Ortiz asked about the amount of staff time it would take to create a surveillance technology ordinance. City Attorney Guina stated that the ordinance itself wouldn't take a lot of time to create. Instead, he discussed the elements of the ordinance that would require continuous work such as the surveillance impact report. Councilmember Colson suggested that the City move forward with the pilot program and that if her colleagues wanted, they could request a future agenda item to better understand what a surveillance technology ordinance requires. Councilmember Beach stated that she believed the staff report provided a good summary of the different elements of a surveillance technology ordinance. Councilmember O'Brien Keighran asked if she was correct that none of the cities in the County had an ordinance and that this type of ordinance was only seen in the big cities. Police Chief Matteucci stated that no city in the County had this ordinance and that he was only aware of it in cities like Oakland, Berkeley, and San Francisco. Councilmember O'Brien Keighran stated that she didn't want to decide on whether to institute an ordinance without having baseline data. Vice Mayor Brownrigg stated that he agreed with Councilmember Beach that an ordinance made good sense. Mayor Ortiz stated that he thought the City should move forward with the pilot program and also review whether to enact a surveillance technology ordinance. 22 Burlingame City Council April 4, 2022 Approved Minutes Vice Mayor Brownrigg asked about the ALPR Use Policy. He asked when the deadline is for community members and Council to submit comments and feedback. City Attorney Guina stated that the absolute deadline for having the policy finalized is before the police department flips the on -switch on the pilot program. He added that the Council can give direction on what additional elements they want in the use policy besides what is in the draft attached to the staff report. Mayor Ortiz asked how long it would take to get the pilot program started. Police Chief Matteucci stated that he would need to get bids and would bring the Council back a final policy. Councilmember Beach stated that what she thought was missing from the draft policy is an annual review. She also asked that staff look at the City of Alameda's policy. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS There were no reports. 12. FUTURE AGENDA ITEMS Councilmember Beach asked to agendize raising the Progress Pride Flag for the month of June every year. The Council agreed to agendize the discussion. Councilmember Beach asked to agendize a discussion on a surveillance vetting technology ordinance. The Council agreed to agendize the discussion. 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_a�g. 14. ADJOURNMENT Mayor Ortiz adjourned the meeting at 10:04 p.m. Respectfully submitted, /s/ Meaghan Hassel -Shearer City Clerk 23 Burlingame City Council Approved Minutes April 4, 2022