HomeMy WebLinkAboutMin - CC - 2016.07.05
Burlingame City Council July 5, 2016
Approved Minutes
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on July 5, 2016
1. CALL TO ORDER
A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall
Council Chambers.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Steve Duncan.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
The Council met in closed session but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATIONS
a. COMMENDATION FOR OFFICER SABA
Police Chief Wollman stated that at the Burlingame High School graduation, Officer Saba acted quickly
when he witnessed a young man choking. He stated that as a result of Officer Saba’s steadiness and quick
thinking he was able to save the young man’s life by administering the Heimlich maneuver. Police Chief
Wollman thanked him and awarded him the lifesaving medal for his efforts.
7. PUBLIC COMMENTS
A Burlingame resident asked the Council to place the citizen petition on the ballot.
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8. CONSENT CALENDAR
Mayor Keighran asked the Councilmembers and the public if they wished to remove any items from the
Consent Calendar. Councilmember Brownrigg pulled items 8b and 8d.
Councilmember Brownrigg made a motion to adopt items 8a, 8c, 8e, and 8f; seconded by Vice Mayor Ortiz.
The motion was approved unanimously by voice vote, 5-0.
a. APPROVAL OF THE CITY COUNCIL MEETING MINUTES JUNE 20, 2016
CC Hassel-Shearer requested Council approve the City Council Meeting Minutes of June 20, 2016.
b. ADOPTION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
GOLDEN BAY CONSTRUCTION, INC. FOR THE BAYFRONT ADA IMPROVEMENTS
PROJECT, CITY PROJECT NO. 83840, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONSTRUCTION CONTRACT
DPW Murtuza requested Council adopt Resolution Number 73-2016.
Councilmember Brownrigg thanked staff for taking on this project. He asked if staff reached out to
potential/other Bayfront redevelopment projects about assisting in paying for the necessary ADA
improvements. DPW Murtuza stated that the ADA improvements that are incorporated in tonight’s staff
report are not within other project areas.
Councilmember Colson asked if Avalon Academy would benefit from the ADA improvements. DPW
Murtuza replied in the affirmative.
Councilmember Brownrigg made a motion to adopt Resolution Number 73-2016; seconded by
Councilmember Beach. The motion passed unanimously by voice vote; 5-0.
c. APPROVAL OF INVESTMENT POLICY FOR FISCAL YEAR 2016-17
Finance Director Augustine requested Council approve the Investment Policy for Fiscal Year 2016-17.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A ONE-YEAR SERVICE ORDER FOR INFORMATION TECHNOLOGY SERVICES
FROM THE CITY OF REDWOOD CITY
Finance Director Augustine requested Council adopt Resolution Number 74-2016.
Councilmember Beach asked for Finance Director Augustine to discuss the additional value the City receives
by contracting with the City of Redwood City for IT services.
Finance Director Augustine stated that Redwood City charges Burlingame only for the hours the City uses.
Therefore, if the City uses less than estimated, the City is reimbursed for the difference at the end of the year.
As well, she explained that by contracting with Redwood City for IT services, Burlingame gains the
experience of 14 individuals who are experienced with the software the City uses.
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Councilmember Brownrigg asked that the next time the contract is up for renewal, that the City put out an
RFP to see what else is available to the City.
Councilmember Colson discussed not having to house an IT department in an already overcrowded City
Hall.
Councilmember Colson made a motion to adopt Resolution Number 74-2016; seconded by Vice Mayor
Ortiz. The motion passed unanimously by voice vote; 5-0.
e. ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME RESPONSE
LETTER TO THE SAN MATEO COUNTY CIVIL GRAND JURY REPORT “BODY
CAMERAS – THE REEL TRUTH”
Police Chief Wollman requested Council adopt Resolution Number 75-2016.
f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH BUREAU VERITAS NORHT
AMERICA, INC. RELATED TO PLAN CHECK AND INSPECTION SERVICES
PROVIDED BY THE COMMUNITY DEVELOPMENT DEPARTMENT – BUILDING
DIVISION FOR FISCAL YEAR 2016-17; AND AUTHORIZATION TO PAY FOR PAST
SERVICES RENDERED
CDD Meeker requested Council adopt Resolution Number 76-2016.
9. PUBLIC HEARINGS
There were no public hearings.
10. STAFF REPORTS AND COMMUNICATIONS
a. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING REGARDING THE BURLINGAME POINT
DEVELOPMENT
City Attorney Kane requested Council adopt Resolution Number 77-2016.
City Attorney Kane presented the staff report concerning the authorization of the City Manager to execute a
Memorandum of Understanding with the developer of the Burlingame Point project. She explained that in
2012, the City and 350 Beach Road, LLC entered into a development agreement for the development of 300
Airport Boulevard. After which, 350 Beach Road, LLC assigned all of its interests in the property and
development approvals to Burlingame Point LLC. Upon acquiring the agreement, Burlingame Point LLC
determined that they wanted to make adjustments to the originally approved project including the use of
different facades and moving the parking facilities. City Attorney Kane explained that Burlingame Point
LLC’s adjustments required staff to make minor augmentations to the development agreement. Accordingly,
the City Attorney presented the Council with the Memorandum of Understanding to clarify the changes and
the obligations of Burlingame Point LLC.
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Mayor Keighran asked if the changes to the project have been approved by the Planning Commission. City
Attorney Kane replied that final approval from the Planning Commission has yet to occur but there have
been two hearings to discuss the design review amendments.
Mayor Keighran asked if because of the changes a new environmental report would be required. City
Attorney Kane replied in the negative.
Mayor Keighran opened up the item for public comment.
Steve Atkinson, Burlingame Point LLC representative, stated that he had worked closely with the City
Attorney on the Memorandum of Understanding.
Councilmember Brownrigg asked Mr. Atkinson when the project would start. Mr. Atkinson explained that
Burlingame Point LLC is hoping to finalize their project with the Planning Commission in August.
Councilmember Beach asked that Burlingame Point LLC work closely with organizations like Commute.org
to get single occupancy vehicles off the road. Mr. Atkinson replied in the affirmative.
Councilmember Brownrigg made a motion to adopt Resolution Number 77-2016; seconded by Vice Mayor
Ortiz. The motion passed unanimously by voice vote; 5-0.
b. DIRECTION ON REMOVAL OF GARBAGE CONTAINERS AFTER COLLECTION IN
COMMERCIAL AREAS
City Attorney Kane presented her staff report concerning the current regulations regarding the prompt
removal of garbage containers in commercial areas. She explained that this staff report was the result of the
Council’s concerns about garbage container being left out for extended periods in the downtown area.
City Attorney Kane stated that the current ordinance allows for garbage containers to remain on the street for
18 hours after they are emptied. As well, she stated that the ordinance does not distinguish between
commercial and non-commercial areas. She also explained that her office received some complaints about
garbage containers being left out at the intersection of Primrose and California. She stated that if the Council
deems it necessary to amend the ordinance that the amendments should add specification and clarity to the
law so that it is easily enforced.
Mayor Keighran asked if staff knew Recology’s hours for garbage pickup. Finance Director Augustine said
that usually pickups are done before noon, but that if issues arise the trucks may be delayed.
Councilmember Colson asked how often the commercial garbage containers are picked up. Finance Director
Augustine stated that it was based on the individual business’ account.
Councilmember Colson stated that businesses with daily pickups will constantly have their containers on the
street with the 18 hour allowance.
Mayor Keighran stated that 18 hours was too long of a time period for containers to remain on the streets in
the commercial areas. She explained that it took away from the time and money spent on improving
downtown Burlingame.
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Mayor Keighran opened up the item for public comment.
Burlingame resident Russ Cohen stated the Council should talk with DBID about policing these issues and
reaching out to the local businesses.
Mayor Keighran suggested amending the ordinance by stating that containers must be removed from the
street by 1:00 p.m. She stated that she understood that there would be the occasional situation where this
couldn’t happen. However, she stated that staff would be able to easily determine a violation of the proposed
ordinance versus Recology not having completed their pickups for that day.
Councilmember Brownrigg agreed with the Mayor stating that the City should establish a time to put the
containers out and a time to bring the containers in. He suggested that the City work with DBID prior to
amending the ordinance.
Vice Mayor Ortiz stated that the City should set the 1:00 p.m. restriction on a trial basis.
Councilmember Beach asked if the City discussed this issue with DBID. CDD Meeker replied in the
negative. Councilmember Beach agreed with Councilmember Brownrigg stating that the City should first
work with DBID before further regulations are enacted.
Mayor Keighran stated that she would rather put a policy in place and then send out a notice to DBID to
assist in the program. Vice Mayor Ortiz agreed.
Councilmember Colson advocated for substantive teeth in the regulation by placing a time by which
containers should be removed from the street. She stated that this would make it easier on staff.
Councilmember Beach asked her colleagues in which areas of the City, they wanted the 1:00 p.m. restriction.
Mayor Keighran stated in commercial areas. Council briefly discussed the different commercial areas in
the City and if the 1:00 p.m. restriction was necessary in less busy areas. Mayor Keighran also suggested
requiring businesses to label their garbage containers.
Mayor Keighran asked her colleagues if they should have the 1:00 p.m. restriction apply to all commercial
areas or focus on Broadway and Burlingame Avenue.
Councilmember Beach advocated for focusing on Broadway and Burlingame Avenue.
Vice Mayor Ortiz stated that he believed the City should be consistent and apply it to all commercial areas.
DPW Murtuza stated that the problem only really occurs in areas where they don’t have the room to place
dumpsters, meaning Broadway and Burlingame Avenue.
Mayor Keighran and Council requested staff to draft an ordinance to requiring garbage containers be
removed from the streets and sidewalks in the Broadway and Burlingame business districts by 1:00 p.m.
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c. DIRECTION ON POSSIBLE ADJUSTMENTS TO CONSTRUCTION HOURS
City Attorney Kane presented the staff report concerning what, if any, changes should be made to current
regulations regarding allowed hours for construction. She explained that this matter came up because of the
intensification of work on single family houses. Currently, Burlingame’s construction hours are: weekdays:
7:00 a.m. – 7:00 p.m., Saturdays: 9:00 a.m. – 6:00 p.m. and Sundays and Holidays: 10:00 a.m. – 6:00 p.m.
She stated that the staff report included a chart of neighboring city’s construction hours. Not included on the
chart was Hillsborough which she explained had the following construction hours: weekdays: 8:00 a.m. –
5:00 p.m. and Saturday 10:00 a.m. - 5:00 p.m.
Councilmember Beach asked if staff received a significant amount of complaints about Sunday construction
or whether the complaints were more generalized concerning the high level of construction. City Attorney
Kane stated that the most common complaint concerned construction workers unloading their equipment and
starting their generators prior to the relevant construction hour start time.
Mayor Keighran stated that the main complaint she hears concerns construction on Sundays and holidays.
Mayor Keighran opened up the item for public comment.
Burlingame resident Russ Cohen spoke about the uptick in the economy and that the ordinance was drafted
to encourage development during a time of economic lows.
Councilmember Brownrigg asked if the ordinance only covered projects that required permits. He stated that
his concern was for homeowners who undertook projects on their own during weekends. Attorney Kane
stated that ordinance applies to any projects that require permits.
Vice Mayor Ortiz stated he would be in favor of making the start time on weekdays later and eliminating
Sunday construction hours.
Mayor Keighran agreed with Vice Mayor Ortiz stating that the start time on weekdays should be 8:00 a.m.
Councilmember Beach stated that she was concerned about individuals who took on their own home
improvement projects and could only do the work on weekends. Accordingly, she asked if the construction
hours could exempt people doing work on their own homes on the weekend.
Mayor Keighran stated she was concerned with the enforcement aspect of Councilmember Beach’s
suggestion.
Councilmember Brownrigg stated his agreement with Councilmember Beach to allow homeowners to work
on their own property on Sundays.
City Attorney Kane stated that she had concerns about applying the construction hour restriction differently
depending on one’s identity. However, she added if the Council has an interest in letting small projects go
forward, they could try to tailor the ordinance to exempt small projects like interior work or work done by
one individual using hand tools.
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Mayor Keighran made a motion requesting staff draft an amendment to the ordinance to eliminate
construction hours on Sundays and federal holidays and start weekday hours at 8:00 a.m.; seconded by Vice
Mayor Ortiz. The motion passed unanimously by roll call; 5-0.
d. INFORMATIONAL REPORT: ENFORCEABILITY OF RESTRICTIONS ON LIVING IN
VEHICLES
City Attorney Kane presented the staff report concerning the Police Department’s decision to cease
enforcement of the municipal code that bans sleeping in vehicles. She explained that the City received
complaints about people sleeping in their cars or RVs. She stated that people were unhappy with staff’s
response to these complaints and accordingly she felt it was important to explain the situation to the Council.
City Attorney Kane discussed the Ninth Circuit case Desertrain that stated you cannot enforce bans against
people living in their cars partially because it is prejudicial against the homeless. She stated that Burlingame
has a similar ordinance to the one in Desertrain. Therefore, in order to comply with the case law of
Desertrain, the City stopped enforcing the ban on sleeping in vehicles. Instead, the City focused on
enforcing parking limitations, noise violations and using other mechanisms such as referrals to health and
human services to ensure that Burlingame’s streets remain safe for all residents and visitors.
Councilmember Colson discussed individuals “airbnbing” trailers in their backyards. City Attorney Kane
stated that those issues are still enforceable as there are ordinances that ban RVs from residential areas.
Councilmember Brownrigg added that he was glad the City wouldn’t be enforcing this rule.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
12. FUTURE AGENDA ITEMS
There were no future agenda items.
13. ACKNOWLEDGEMENTS
a. COMMISSION MEETING MINUTES: LIBRARY BOARD OF TRUSTEES – MAY 24, 2016
14. ADJOURNMENT
Mayor Keighran adjourned the meeting at 9:01 p.m. in memory of Helen Whelan.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk