1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on November 21, 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
a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2),e(3):
EIGHT CLAIMS
City Attorney Guina reported that the City entered into eight settlement agreements. He then reported out the following dollar amounts for each settlement:
• Wilson Chun - $35,000
• Douglas Hwa - $72,500
• Oliver Wong - $95,000
• Vickie Lee and Justin Seeto - $525,000 combined
• Kelly Zhen - $750,000
• Zhen’s two minor children - $10,000 combined
b. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6)
CITY DESIGNATED REPRESENTATIVES: HUMAN RESOURCES DIRECTOR SONYA M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL
2 GUINA, CHIEF OF POLICE MIKE MATTEUCCI, TIMOTHY L. DAVIS ATTORNEY,
FINANCE DIRECTOR HELEN YU-SCOTT
EMPLOYEE ORGANIZATIONS: POLICE OFFICERS ASSOCIATION, POLICE
SERGEANTS ASSOCIATION, ASSOCIATION OF POLICE ADMINISTRATORS,
TEAMSTERS
City Attorney Guina reported that direction was given, but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Ortiz reviewed upcoming events in the city.
6. PRESENTATIONS
a. UNITED AGAINST HATE PROCLAMATION
Mayor Ortiz read the proclamation recognizing November 13 through November 19 as United Against Week.
7. PUBLIC COMMENTS, NON-AGENDA
Stephanie Lee thanked the Council and staff for all their hard work on behalf of the community.
Gerard Manning talked about the CPUC’s recent revision of how residents with rooftop solar will connect with the grid. He voiced concern for how fees will be charged to those with rooftop solar.
Bruce Naegel echoed the concerns of Mr. Manning regarding the CPUC’s proposal.
8. APPROVAL OF CONSENT CALENDAR
Mayor Ortiz asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Vice Mayor Brownrigg pulled 8f and 8i. Councilmember O’Brien Keighran pulled 8c.
Councilmember Beach pulled 8e. Mayor Ortiz pulled 8d. City Clerk Hassel-Shearer pulled 8b on behalf of a member of the public.
Vice Mayor Brownrigg made a motion to approve items 8a, 8g, 8h, and 8j; 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 NOVEMBER 7, 2022
CITY COUNCIL CLOSED SESSION
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the November 7, 2022 City Council Closed Session.
3 b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE NOVEMBER 7, 2022
CITY COUNCIL REGULAR MEETING
Mayor Ortiz opened the item up for public comment.
Manito Velasco discussed item 10d from the November 7, 2022 meeting. He explained that he thought it was important to have a prioritized list of projects to ensure the safety of the community. (comment received via [email protected]
).
Mayor Ortiz closed public comment.
Councilmember Colson made a motion to approve the City Council Meeting Minutes for the November 7, 2022 City Council Regular Meeting; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0.
c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 18.30 OF THE BURLINGAME MUNICIPAL CODE TO ADOPT LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELIENS SECTIONS 15378, 15061(b)(3)
Councilmember O’Brien Keighran stated that she voted in favor of a second reading at the last meeting in order to allow the proposed ordinance to come to a vote. She explained that while she is in favor of most of the reach code, she would like to see an exception for gas stoves and gas fireplaces.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Beach made a motion to adopt Ordinance Number 2011; seconded by Vice Mayor Brownrigg. The motion passed by roll call vote, 4-1 (Councilmember O’Brien Keighran voted against).
d. ADOPTION OF A RESOLUTION APPROVING THE VESTING TENATIVE MAP (PM 22- 02), LOT COMINATION AND RESUBDIVISION OF PARCEL 2 AT 810/821 MALCOLM ROAD AND 1669/1699 OLD BAYSHORE HIGHWAY: AND FINDING THIS ACTION IS
EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15061(b)(3)
DPW Murtuza stated that in the staff report and resolution, there is an incorrect number pertaining to CEQA guidelines. He explained that the correct number should read 15061.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Colson made a motion to adopt Resolution Number 132-2022 with the accurate CEQA number amendment; seconded by Councilmember O’Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
4 e. ADOPTION OF A RESOLUTION APPROVING A WATER SUPPLY ASSESSMENT FOR A PRIVATE DEVELOPMENT PROJECT LOCATED AT 620 AIRPORT BOULEVARD Councilmember Beach stated that she was recently at a Sustainable San Mateo County meeting, and a major bio-tech/life science firm gave a presentation. She explained that she learned that in bio-tech, life sciences use ten times the amount of energy as a regular office development and four times the amount of water. She asked if these numbers were accurate with what staff found in the assessment. DPW Murtuza replied in the affirmative.
Councilmember O’Brien Keighran stated that she appreciated that the Council is reviewing the assessments for larger developments given the current drought that the state is going through.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Beach made a motion to adopt Resolution Number 133-2022; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0.
f. ADOPTION OF RESOLUTIONS AUTHORIZING A CLEAN WATER STATE REVOLVING
FUND LOAN APPLICATION FOR THE WASTEWATER TREATMENT FACILITY DIGESTER IMPROVEMENTS PROJECT, CITY PROJECT NO. 86580, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED AGREEMENTS
Vice Mayor Brownrigg stated that this is an important upgrade to the Wastewater Treatment Facility. He added he was delighted to read that the City would be able to tap into State funds with an interest rate that is appreciatively below market rate. He asked if the City would need to raise rates to cover the capital expense.
DPW Murtuza replied in the negative. He noted that the City approved sewer rate increases a few years ago, and this plan was assumed as part of the increase.
Mayor Ortiz opened the item up for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to adopt Resolution Number 134-2022; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0.
g. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND
COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS
FOR THE PUBLIC
City Clerk Hassel-Shearer requested Council adopt Resolution Number 135-2022.
h. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A FOUR-YEAR AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TECHNOLOGY (CDT) FOR THE PURCHASE OF A YEARLY STATEWIDE ENTERPRISE LEVEL AGREEMENT (ELA) SUBSCRIPTION FOR MICROSOFT 365 G5 PRODUCT AND SERVICES IN AN AMOUNT NOT TO EXCEED $340,200
Finance Director Yu-Scott requested Council adopt Resolution Number 136-2022.
5 i. ADOPTION OF A RESOLUTION TO AMEND THE CITY PURCHASING AND
CONTRACTING PROCEDURES
Vice Mayor Brownrigg stated that staff is proposing striking the bonding requirements. He noted that he works around the country, and bonding is a common requirement. City Attorney Guina stated that the City is keeping bonding requirements. However, he explained staff needed the flexibility to be able to change bonding requirements and contracts based on the market and changes in law without bringing an update to the City’s purchasing and contracting procedures to Council.
Mayor Ortiz opened the item up for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to adopt Resolution Number 137-2022: seconded by Councilmember O’Brien Keighran. The motion passed unanimously by roll call vote 5-0.
Councilmember Colson stated that PCE has been reviewing its procurement policies through the lens of DEAI (diversity, equity, accessibility, and inclusion). She asked that that staff look at what PCE and the County are doing on this in order to ensure that the City is being as inclusive as it can be.
j. APPROVAL OF QUARTERLY INVESTMENT REPORT, PERIOD ENDING, JUNE 30, 2022
Finance Director Yu-Scott requested Council approve of the quarterly investment report for the period ending June 30, 2022.
9. PUBLIC HEARINGS
a. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME REPEALING THE BAYFRONT SPECIFIC PLAN AND THE NORTH
BURLINGAME/ROLLINS ROAD SPECIFIC PLAN, RECOGNIZING THAT CERTAIN
PREVIOUSLY-ENTITLED PROJECTS MAY CONTINUE TO PAY FEES ASSOCIATED WITH THESE PLANS (CEQA REVIEW: ACTION WAS EVALUATED IN THE GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT AND NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED)
INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME REPEALING THE BAYFRONT DEVELOPMENT FEE AND THE NORTH BURLINGAME/ROLLINS ROAD DEVELOPMENT FEE (CEQA DETERMINATION:
ACTION WAS EVALUATED IN THE GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT AND NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED)
CDD Gardiner explained that the Bayfront Specific Plan was first adopted in 2004, with amendments in 2006 and 2012. He added that the North Burlingame/Rollins Road Specific Plan was first adopted in 2004, with amendments in 2007. He stated that since that time, the City’s General Plan was updated, followed by the Zoning Ordinance update. He explained that the General Plan is intended to supersede the Bayfront
6 Specific Plan and the North Burlingame/Rollins Specific Plan. He added that the General Plan includes policies and regulations for each specific plan area.
CDD Gardiner explained that the policies and regulations in the General Plan are different than those that were in the specific plans. He stated that this is deliberate. He explained that in the General Plan update, the public was asked which areas should change, and the consensus was that the Bayfront and North Rollins Road areas should change.
CDD Gardiner stated that the Bayfront Specific Plan and the North Burlingame/Rollins Road Specific Plan need to be formally repealed. He noted that because these plans have not been repealed, there has been a lot of public confusion about whether to follow the General Plan or the specific plans.
CDD Gardiner stated that additionally, the Bayfront Specific Plan and the North Burlingame/Rollins Road Specific Plan contained their own impact fees. He noted that under the General Plan, there are impact fees for traffic and streets that do not exist in the specific plans. He explained that if the specific plans are repealed, the specific impact fees tied to these plans will be replaced with impact fees for traffic and streets.
He added that this would align these neighborhoods with the rest of the city.
Councilmember Beach asked staff to look into whether the collected impact fees could be utilized for the undergrounding of utilities on El Camino Real.
Vice Mayor Brownrigg asked if the Downtown Specific Plan has its own set of fees. CDD Gardiner replied in the negative.
Councilmember O’Brien Keighran asked if she was correct that the General Plan will still supersede the City’s specific plans. CDD Gardiner replied in the affirmative.
Councilmember O’Brien Keighran asked what the process is to increase the fees if it is later determined that they aren’t accurate. CDD Gardiner stated that staff has hired a consultant to help begin the process of undertaking a new nexus study on impact fees.
Councilmember O’Brien Keighran asked if an escalator could be adopted for the impact fees. CDD Gardiner replied in the affirmative and stated that staff would be looking into this.
Mayor Ortiz asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer read the title.
Councilmember Beach made a motion to waive further reading and introduce the ordinance; seconded by Councilmember O’Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
Mayor Ortiz opened the public hearing. No one spoke.
Councilmember Beach echoed Councilmember O’Brien Keighran’s comments about the need to do a citywide utility fee study. She discussed new legislation that she was educated on that requires the City to update their fees on a more regular basis. She asked that the City also consider a market feasibility study.
7 Vice Mayor Brownrigg made a motion to adopt Resolution Number 138-2022; seconded by Councilmember O’Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
Councilmember O’Brien Keighran made a motion to bring back the proposed ordinance for a second reading; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDERATION OF TWO APPOINTMENTS TO THE MEAUSRE I CITIZENS’
OVERSIGHT COMMITTEE
City Manager Goldman stated that the vacancies are due to the resignations of Committee members Kimberly Rosales and Bee Hui Yeh, both of whom moved out of the area. She explained that the vacancies were publicized, and staff sent notification letters to past Committee and Commission applicants. She noted that the City received four applications as of the deadline of October 28, 2022.
City Manager Goldman stated that the City Council interviewed Jack Easterbrook and Krista Zitnick via Zoom on November 16, 2022; the other two applicants withdrew. She added that the appointees’ terms will be for the remainder of former Committee members Rosales’ and Bee’s terms, which would have ended on February 20, 2024.
Mayor Ortiz opened the item up for public comment. No one spoke.
The City Council texted their votes to the City Clerk.
City Clerk Hassel-Shearer read the City Council votes.
Congratulations to Jack Easterbrook and Krista Zitnick on their appointments to the Measure I Citizens’ Oversight Committee.
b. CONSIDERATION OF AN APPOINTMENT TO THE BEAUTIFICATION COMMISSION
City Manager Goldman stated that the vacancy is due to the resignation of Commissioner Maria Ribera with two years left on her term. She noted that the vacancy was publicized, and notification letters were sent to past Commission applicants. She explained that the City received three applications as of the extended deadline of November 4, 2022. However, one of the applicants withdrew before the interviews took place.
City Manager Goldman stated that the City Council interviewed Hadia Khoury and Rachel Cyr via Zoom on November 16, 2022. She explained that the seat’s term will be for the remainder of Commissioner Maria Ribera’s term, ending October 7, 2024.
Mayor Ortiz opened the item up for public comment. No one spoke.
The City Council texted their votes to the City Clerk.
8 City Clerk Hassel-Shearer read the City Council votes.
Congratulations to Hadia Khoury for her appointment!
c. RECEIVE INFORMATION FROM THE TOWN OF HILLSBOROUGH REGARDING THE
PROPOSED HIGHLINE WATER PIPELINE PROJECT AND AUTHORIZE THE MAYOR
TO SIGN A LETTER OF SUPPORT FOR THE PROJECT
DPW Murtuza gave a brief background on the item. He explained that the Town of Hillsborough is considering constructing a new potable water transmission main parallel to Skyline Boulevard from the Harry Tracy Water Treatment Plant in Millbrae that will run south to Hillsborough. He stated that the proposed water transmission main will traverse along Skyline Boulevard in Burlingame before it enters Hillsborough and connects to their water supply system. He noted that the new proposed waterline will provide seismic redundancy and backup water supply in the event of a seismic event impacting the existing San Francisco Public Utilities Commission (“SFPUC”) infrastructure serving the San Francisco Peninsula.
DPW Murtuza stated that Hillsborough is looking to partner with both Millbrae and Burlingame on this project. He explained that in addition to potential seismic redundancy, and emergency water supply connection, other advantages may include improved water supply for fire protection purposes for some of the hillside areas in Burlingame.
DPW Murtuza introduced Hillsborough DPW Paul Willis to discuss the project.
Mr. Willis began by discussing the Hetch Hetchy System. He stated that Hillsborough, Burlingame, and Millbrae are located at the end of the system. He noted that while SFPUC has spent funds to improve the reliability of the system, there are still seismic concerns.
Mr. Willis reviewed the purpose of Hillsborough’s proposed project:
• System efficiency – eliminate multiple smaller pump stations and save electrical costs • Provide seismically reliable infrastructure
• Improve wildfire protection
• Provide alternative water source
Mr. Willis stated that if an earthquake created water outages, Hillsborough would be able to utilize its seventeen tanks with nine million gallons of storage while Burlingame has five tanks with 2.9 million gallons of storage. He noted that Millbrae is in a similar situation.
Mr. Willis stated that SFPUC spent funds to upgrade the Harry Tracy Water Treatment Facility, and it is now able to withstand a major earthquake. He explained that this project provides a second connection to the SFPUC system and seismically resilient pipeline. He added that if the Hetch Hetchy System goes down, the San Andreas Lake and Crystal Springs Reservoir can provide up to 3.5 months of water for Hillsborough, Burlingame, and Millbrae.
Mr. Willis reviewed the design criteria of the project:
9 • Deliver flows equivalent to the average day demand
• Consider seismic vulnerabilities
• Improve wildfire protection
• Connect to existing storage and distribution network
• Facilitate Burlingame and/or Millbrae participation
Mr. Willis reviewed the benefits of the project:
• Create new SFPUC point of connection
• Improve system resiliency and water availability following an earthquake • Expand wildfire protection opportunities
• Reduce operation and maintenance costs
• Strengthen existing agency relationships
Mr. Willis introduced Freyer and Laureta, Inc. Vice President Jeff Tarantino to further discuss the project.
Mr. Tarantino reviewed Burlingame’s current system. He stated that Burlingame has made significant investments into its water system over the past 15 years. He noted that the Mills Reservoir is a critical component. However, this project offers the City an opportunity to provide its community a redundant supply of water. He further discussed how this would work to minimize disruptions to Burlingame citizens.
Mr. Willis stated that Hillsborough has been pursuing grant funding for this project. He noted that the Town has made it to the final round to receive federal funding. He stated that the estimated cost for the project is $32.5 million, with the federal funding share being 70%.
Mr. Willis asked the City Council to sign a letter providing support for the project.
Councilmember O’Brien Keighran asked what makes the piping earthquake resilient. Mr. Willis stated that it is designed to deflect without fracturing. He added that the piping has undergone infield testing with large earthquakes to ensure its resiliency.
Councilmember O’Brien Keighran asked if there are other cities in the Peninsula that use this pipe. Mr.
Willis responded that SFPUC has used it for auxiliary water supply projects in San Francisco.
Councilmember Beach asked about whether the City would use this system for its daily operations. Mr.
Willis stated that the main benefits of the project for the City of Burlingame would be the emergency backup supply of water.
Councilmember Beach asked if she was correct that if there was an emergency, all three communities could draw their water from this upper pipe. Mr. Willis replied in the affirmative.
Councilmember Beach asked for CCFD Fire Chief Barron’s thoughts on whether the pipelines would assist the community in fighting wildfires. Fire Chief Barron stated that he would need to get back to Council after further reviewing the project.
10 Mayor Ortiz asked if he was correct that the total cost of the project is $32.5 million. Mr. Willis replied in the affirmative.
Mayor Ortiz asked if he was correct that the cities would need to come up with $8.1 million. Mr. Willis replied in the affirmative.
Mayor Ortiz asked if the City Council approves signing the letter, does this commit the City to providing funds for the project. City Manager Goldman replied in the negative. She stated that the letter is to support the Town of Hillsborough’s application for federal funding from FEMA. She noted that this letter does not commit the City to helping to fund the project. She added that this would be scheduled for a later discussion.
DPW Murtuza stated that 85% of the City’s demand is from the aqueduct zones, so the City doesn’t have as much of a pumping need as Millbrae and Hillsborough. He added that some reconfiguring would be needed.
Therefore, while the project doesn’t make sense for the City from an operationa perspective, it does make sense from an emergency water supply perspective.
Vice Mayor Brownrigg asked what the water source was for the two reservoirs off of Highway 280. DPW Murtuza stated that it is Hetch Hetchy. He added that the Harry Tracy Water Treatment Facility water is blended from the Crystal Springs Reservoir and Hetch Hetchy.
Vice Mayor Brownrigg asked if he was correct that this project wouldn’t tap into a different source of water.
Instead, it would offer the cities a different pipeline to get at the same water. Mr. Willis replied in the affirmative.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Colson made a motion approving the Mayor signing the letter in support of the project; seconded by Councilmember Beach. 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
Councilmember Colson discussed the CPUC proposal and the need for more information from PCE.
Council agreed to agendize this item.
Vice Mayor Brownrigg asked to agendize a discussion on procurement policies. Council agreed to agendize this item.
Vice Mayor Brownrigg stated that it would help him if TSPC met twice a month in order to ensure that the Commission is able to weigh in on different initiatives/projects.
11 Councilmember Colson suggested instead that TSPC is informed that the Commission can schedule a special meeting to ensure they have time to weigh in on different topics.
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 Ortiz adjourned the meeting at 8:55 p.m. in memory of the victims of the Club Q Colorado Springs shooting: Raymond Green Vance, Kelly Loving, Daniel Aston, Derrick Rump, and Ashley Paugh, and in gratitude of Navy Petty Office Thomas James and Army Veteran Richard Fierro, who helped take down the shooter to ensure that more were not injured.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk