1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on November 6, 2023
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom at 7:02 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by retired Fire Chief Barron.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None
4. REQUEST FOR AB 2249 REMOTE PARTICIPATION
There were no requests.
5. REPORT OUT FROM CLOSED SESSION
There was no closed session.
6. UPCOMING EVENTS
Mayor Brownrigg reviewed upcoming events in the city.
7. PRESENTATIONS
a. PROCLAMATION RECOGNIZING CENTRAL COUNTY FIRE DEPARTMENT FIRE CHIEF BRUCE BARRON
Mayor Brownrigg read a proclamation recognizing Fire Chief Barron on his long career and congratulating him on his retirement.
Council thanked Fire Chief Barron for his 32-years of service to the City.
2 Fire Chief Barron thanked Council for all the kind words. He thanked all the department heads and all the fire crews for their support. He thanked his wife and family for their support over the years.
b. PRESENTATION OF THE VETERANS DAY CERTIFICATES
Mayor Brownrigg announced that he would be going to the Trousdale to recognize the community’s veterans later in the week.
c. UNITED AGAINST HATE WEEK PROCLAMATION
Mayor Brownrigg thanked City Librarian McCulley for all the work the library does for United Against Hate Week. He asked each of his colleagues to discuss what this week means to them.
Councilmember Stevenson discussed the importance of diversity and breaking the hate patterns and bullying found in the world.
Councilmember Beach stated that this week gives residents the chance to discuss the importance of an inclusive society and how to build a community dialogue.
Vice Mayor Colson discussed how children’s normal mindset is friendship. She hoped that adults learn from children and somehow not forget that the normal default is not hate, but friendship, happiness, and inclusivity.
Councilmember Ortiz discussed how Burlingame is a diverse bubble, and people can forget the fact that people in the bubble come from very different places. He asked the community to be vigilant and to reach out to neighbors to make sure they are okay.
Mayor Brownrigg discussed the diversity of the United States. He stated that the Burlingame community has each other’s backs.
d. GENERAL PLAN SAFETY ELEMENT UPDATE BRIEFING
Planning Manager Hurin gave an update on the General Plan’s Safety Element.
Planning Manager Hurin reviewed what a Safety Element is:
• Mandatory part of the General Plan
• Identifies hazards of concern and related risks to the community • Helps protect the community against natural disasters and other hazards.
Planning Manager Hurin discussed why the Safety Element needed to be updated:
• Incorporate the 2021 Multijurisdictional Local Hazard Mitigation Plan (“LHMP”) • Ensure consistency with other General Plan elements and applicable agency plans
3 • Enhance eligibility for grant funding
• Comply with State regulations
Planning Manager Hurin reviewed aspects of a vulnerability assessment:
• Identifies how people and key community assets may be affected by climate change • Evaluates availability of existing policies or programs to help people avoid or recover from impacts • Prioritizes vulnerabilities that inform the resilience and adaptation policies and implementation programs of the Safety Element
• Expected local impacts of climate change:
o Increases in intense rainfall and drought conditions. o More frequent extreme heat events.
o More frequent and intense regional wildfires.
o Shoreline jurisdictions: Sea level rise and increased coastal/shoreline flooding
Planning Manager Hurin reviewed the project implementation schedule:
• Compile background on hazards: August 2023 through January 2024 • Conduct vulnerability assessment: December 2023 through June 2024 • Prepare goals, policies, and programs: March 2024 through September 2024 • Prepare Safety Element: August 2024 through March 2025 • Conduct environmental review: August 2024 through May 2025 • State/local agency review and approval: December 2024 through June 2025
Planning Manager Hurin explained that community engagement will be ongoing throughout the process.
He noted there will be various workshops, outreach to groups, stakeholder meetings, surveys, mapping tools, and meetings with the Planning Commission and City Council. He stated that the immediate next steps will be:
• Compile data on hazards, populations, and community
• Create a GIS database for spatial data
• Begin preparation of the climate vulnerability assessment
Mayor Brownrigg asked that staff inform the Burlingame Neighborhood Network about the process. He asked for the safety element to include information about cooling centers and their importance as temperatures continue to rise.
Councilmember Beach asked if this update shares commonality with Vision Zero or if it is separate.
Planning Manager Hurin replied that it is separate but that staff compares other plans to make sure everything is consistent.
Vice Mayor Colson asked that the Age Friendly City Plan be incorporated. Planning Manager Hurin replied in the affirmative.
4 Councilmember Stevenson asked about climate change in connection with the Safety Element. Planning Manager Hurin replied that the technical consultants will be handling this issue and that he’d get back to Council with an update.
e. PRESENTATION ON THE MULTIJURISDICTIONAL ELECTRIC BIKE SHARING PROGRAM
Sustainability Program Manager Michael gave an update on the City’s electric bike sharing program. She reviewed the following statistics from the last six months:
• 9,700 rides
• 2,600 users
• 11,900 miles rode
Sustainability Program Manager Michael stated that staff conducted various promotions and outreach to spread the word about the City’s e-bike program. She explained that the City has various tools to track ridership. She stated that the more popular routes are California Drive and along the Bayshore. She added that Caltrain in downtown Burlingame is the most popular corral.
Sustainability Program Manager Michael stated that staff conducted a survey to learn more about how the e-bike program was doing in the city. She explained that 68% of survey respondents (out of 107 responses) had not heard of any of the Spin (e-bike) promotions.
Sustainability Program Manager Michael stated that the City is using San Mateo County Transportation Authority (SMCTA) grant funds to subsidize residents’ use of the Spin bikes. She explained that Spin sees the Burlingame/Millbrae program as an extension of their San Francisco program as it shares the same facilities and staff. She gave some more updates:
• Spin is now owned by Bird
• Expecting lower ridership in the winter
• Experimenting with free ride promotions
• Support expanding to neighboring cities
• Next SMCTA Grant opens in Spring 2024
Councilmember Stevenson asked what percentage of bikes are being left in a corral. Sustainability Program Manager Michael replied that most are being parked in corrals. She noted that staff is looking to create new corrals in the city.
Councilmember Beach discussed targeted marketing and trying to activate and engage specific groups who might not be using the bikes.
Vice Mayor Colson suggested talking with apartment building owners about constructing corrals there for their residents.
Mayor Brownrigg and Councilmember Ortiz both stated that they felt like the amount of complaints regarding e-bikes had decreased.
5 8. PUBLIC COMMENTS
Ali spoke about not limiting the smoking ban to private residences.
A member of the public spoke in support of allowing hookah lounges.
Mr. Trahan spoke in favor of a smoking ban in public areas but allowing smoking lounges to exist.
A member of the public spoke in favor of a smoking ban in public areas but allowing smoking lounges.
Ms. Cobert spoke in favor of keeping the current flavored tobacco ban in place. (comment submitted via [email protected]
)
Ms. Cyr spoke in favor of keeping the current flavored tobacco ban in place. (comment submitted via [email protected]
)
Mr. Whitman voiced concern about the low wages for City employees. (comment submitted via [email protected]
)
Mr. Hamilton discussed the dredging of Burlingame Creek under Crecent Avenue. (comment submitted via [email protected]
)
9. APPROVAL OF CONSENT CALENDAR
Mayor Brownrigg asked the Councilmembers and the public if they wished to remove any item from the Consent Calendar. Vice Mayor Colson pulled item 9g.
Councilmember Beach recused herself from items 9c and 9d.
Vice Mayor Colson made a motion to approve items 9c and 9d; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 4-0-1 (Councilmember Beach recused herself from the vote).
Councilmember Ortiz made a motion to approve items 9a, 9b, 9e, and 9f; seconded by Vice Mayor Colson.
The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE OCTOBER 16, 2023 CLOSED SESSION
City Clerk Hassel-Shearer requested Council approve the City Council meeting minutes for the October 16, 2023 Closed Session.
6 b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE OCTOBER 16, 2023 REGULAR CITY
COUNCIL MEETING
City Clerk Hassel-Shearer requested Council approve the City Council meeting minutes for the October 16, 2023 Regular City Council Meeting.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT #2
TO EXTEND THE TERM OF THE PROFESSIONAL SERVICES AGREEMENT WITH GOOD CITY COMPANY FOR CONTRACT PLANNING SERVICES RELATED TO THE LIFE SCIENCE PROJECT AT 1300 BAYSHORE HIGHWAY TO DECEMBER 31, 2024
CDD Gardiner requested Council adopt Resolution number 133-2023.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO EXTEND THE TERM OF THE PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES (ESA) TO DECEMBER 31, 2024, TO PERFORM ENVIRONMENTAL REVIEW
SERVICES FOR THE PROPOSED DEVELOPMENT OF A NEW OFFICE / RESEARCH AND DEVELOPMENT PROJECT AT 1200-1340 OLD BAYSHORE HIGHWAY
CDD Gardiner requested Council adopt Resolution number 134-2023.
e. ADOPTION OF A RESOLUTION TO APPROVE THE 2023 TOURISM BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT AND TO DECLARE THE INTENT TO LEVY ASSESSMENTS FOR 2024 AND
SETTING A PUBLIC HEARING
Finance Director Yu-Scott requested Council adopt Resolution Number 135-2023.
f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH MATRIX CONSULTING GROUP, LTD IN AN AMOUNT NOT TO EXCEED $125,000 FOR PREPARATION OF A COST ALLOCATION PLAN, A COMPREHENSIVE COST OF
SERVICES STUDY, AND AN IMPACT FEE STUDY
Finance Director Yu-Scott and CDD Gardiner requested Council adopt Resolution Number 136-2023.
g. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY’S PARTICIPATION IN CORA’S SPEAK UP CAMPAIGN AT A COST OF $10,000
Vice Mayor Colson thanked Council and staff for supporting this resolution. She explained that CORA’s Speak Up Campaign concerns educating individuals who are victims of domestic violence about available resources.
7 Mayor Brownrigg opened the item up for public comment. No one spoke.
Vice Mayor Colson made a motion to adopt Resolution Number 137-2023; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0.
10. PUBLIC HEARINGS
a. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 8.18 OF THE BURLINGAME MUNICIPAL
CODE TO EXTEND A TEMPORARY BAN ON SMOKING IN THE BROADWAY BUSINESS
IMPROVEMENT DISTRICT, AND TO CREATE A TEMPORARY BAN ON SMOKING IN THE DOWNTOWN BURLINGAME BUSINESS IMPROVEMENT DISTRICT, THROUGH DECEMBER 31, 2024, AND TO MAKE OTHER AMENDMENTS TO THIS CHAPTER TO COMPLY WITH STATE LAW (CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15378 AND 15061(B)(3))
ACA Spansail explained that the proposed ordinance enacts a one-year outdoor smoking ban in the Downtown Burlingame Business Improvement District and in the Broadway Business Improvement District.
ACA Spansail explained that the City Council’s ability to regulate smoking within the city stems from its “police powers” granted under the California Constitution. He stated that the exercise of police power must be reasonably related to a legitimate governmental purpose and have a reasonable tendency to promote the public health, morals, safety, or general welfare of the community. He noted that because smoking, second-hand smoke, and tobacco-related illnesses have been repeatedly identified as health hazards, the City Council may exercise its police power to limit the negative health effects of these activities on the public. He added that the authority to regulate is not unlimited and must not conflict with state or federal law.
ACA Spansail reviewed California’s Clean Indoor Air Law:
• “No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment” • Prohibits smoking in offices, as well as indoor bars and restaurants • Does not regulate smoking in most outdoor spaces
ACA Spansail reviewed State law exceptions:
• Comprehensive list is in California Labor Code Section 6404.5 o Retail or wholesale tobacco shop
Main purpose must be to sell tobacco
o Private Smokers’ Lounge
Dedicated to the use of tobacco products
• In 2011, California AG opinion No. 09-507 clarified that exception does not apply if food and/or beverage is served in these locations
Vice Mayor Colson asked if beverage is quantified as alcohol or any beverage. ACA Spansail replied that to his understanding, it is any beverage for sale.
8 ACA Spansail reviewed outdoor smoking bans in other cities:
• Palo Alto –Smoking and the use of electronic smoking devices is prohibited in unenclosed eating establishments and bars.
• Walnut Creek – MC 5-4.103: Throughout Pedestrian Retail District. Also prohibits smoking in open dining areas, and within 25 ft of any enclosed area where smoking is prohibited. • San Mateo, Belmont, Menlo Park, and South San Francisco have similar tobacco bans in outdoor dining areas.
ACA Spansail stated that the American Nonsmokers’ Rights Foundation keeps an updated list of smoking bans. He explained that approximately 117 municipalities within California have enacted 100% smokefree outdoor dining and bar patios.
ACA Spansail reviewed the elements of the proposed ordinance:
• Extend the outdoor smoking ban on/around Broadway until December 31, 2024 • Add an identical (pilot) ban to the Downtown Burlingame area • Clarify that the ban applies only to the public right of way and not private property • Make other minor changes to existing smoking regulations to ensure compliance with State law
ACA Spansail discussed what the proposed ordinance does not do:
• Would not make any proposed changes to the City’s current flavored tobacco ban • Would not legalize smoking in any area where it is currently prohibited • Would not contemplate a Tobacco Retailer Permit Program
Councilmember Beach asked if the proposed ordinance gives businesses, such as a bar, the option to allow smoking on their private patio. ACA Spansail replied in the affirmative.
Councilmember Beach asked if owners who allow smoking on back patios would also have to comply with State rules relating to proximity to other buildings. ACA Spansail replied that there are regulations related to proximity to public buildings and parks, and not many in relation to private buildings.
Vice Mayor Colson asked about the ordinance in relation to parklets. ACA Spansail replied that because parklets are in the street and in the public right of way, smoking would be prohibited in them.
ACA Spansail discussed the proposed year-long smoking ban in the two business districts. He explained that the pilot program would end on December 31, 2024, if no action is taken.
ACA Spansail reviewed where smoking would be prohibited in the business districts:
• In all open spaces on City streets, sidewalks, and easements (including parklets) • In all indoor workspaces other than retail tobacco shops and smokers’ lounges, pursuant to California’s Clean Indoor Air Law
9 ACA Spansail reviewed where smoking would be permitted in the two business districts:
• In retail tobacco shops and smokers’ lounges
• In non-enclosed spaces on private property (patios), including outdoor dining areas not within the public right of way
Mayor Brownrigg asked if smoking also includes vaping. ACA Spansail replied in the affirmative.
Vice Mayor Colson asked if employees of businesses in these two districts would be able to smoke in a parking lot. ACA Spansail replied in the affirmative.
Councilmember Beach asked for the definition of a patio under the proposed ordinance. ACA Spansail replied that staff is utilizing the State definition.
ACA Spansail reviewed some of the other changes in the proposed ordinance:
• Update smoking definitions to mirror State law
• Correct outdated language that would appear to legalize smoking in certain areas prohibited under State law (bars, lobby area of hotels, etc.)
Vice Mayor Colson asked if the City could refine the area that is included in the smoking ban for the two business districts under the proposed ordinance. ACA Spansail replied in the affirmative.
Vice Mayor Colson voiced concern that the proposed ban encompasses such a large part of Downtown Burlingame that it might push individuals into neighborhoods during their smoke breaks.
Councilmember Beach asked if there would be a way for code enforcement to track complaints to see if the ordinance is working as intended. ACA Spansail replied that Walnut Creek set up an anonymous email account to receive complaints.
Mayor Brownrigg asked if workers could smoke in private parking lots. ACA Spansail replied in the affirmative.
Mayor Brownrigg opened the item to public comment.
Former Councilmember Root spoke in favor of the proposed ordinance.
A member of the public commented on the prospect of an anonymous complaint line.
Vice Mayor Colson voiced concern about false complaints against businesses.
Councilmember Beach asked if the City would be able to verify the legitimacy of complaints. ACA Spansail replied in the affirmative.
10 John Kevranian voiced support for the proposed ordinance. (comment submitted via [email protected])
Ms. Holden voiced support for the proposed ordinance. (comment submitted via [email protected])
Ms. McConnell voiced support for the proposed ordinance. (comment submitted via [email protected]
)
Ms. Bar voiced support for the proposed ordinance. (comment submitted via [email protected]
)
Francesca voiced support for the proposed ordinance. (comment submitted via [email protected]
)
Mayor Brownrigg closed public comment.
Councilmember Ortiz stated that he supported the original ban not to protect smokers, but to protect people from secondhand smoke. He explained that he doesn’t want to stop people from smoking, but he doesn’t want them to smoke and impact people who don’t want cigarette smoke. He supported the proposed ordinance and map as is.
Vice Mayor Colson worried that people will walk out of the no smoking areas and smoke in front of houses or apartment buildings when they otherwise wouldn’t. She was comfortable with the proposed non- smoking area.
Councilmember Stevenson asked if there was data on if smokers in the Broadway area going into the residential areas to smoke. ACA Spansail replied in the negative.
Councilmember Beach asked if the pilot ban in the Downtown Burlingame area will be treated as an educational campaign much the like the current Broadway ban. ACA Spansail replied in the affirmative.
Councilmember Beach supported the proposed ordinance.
Councilmember Stevenson supported the proposed ordinance.
Mayor Brownrigg supported the proposed ordinance.
Councilmember Beach made a motion to bring the ordinance for a second reading; seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0.
11. STAFF REPORTS AND COMMUNICATIONS
11 There were no staff reports.
12. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
13. FUTURE AGENDA ITEMS
Councilmember Beach asked about having a conversation around remote public comment.
Councilmember Ortiz seconded the motion.
14. 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
.
15. ADJOURNMENT
Mayor Brownrigg adjourned the meeting at 9:10 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk