Loading...
HomeMy WebLinkAboutMin - CC - 2016.07.05 Burlingame City Council July 5, 2016 Approved Minutes 1 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. Burlingame City Council July 5, 2016 Approved Minutes 2 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. Burlingame City Council July 5, 2016 Approved Minutes 3 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. Burlingame City Council July 5, 2016 Approved Minutes 4 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. Burlingame City Council July 5, 2016 Approved Minutes 5 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. Burlingame City Council July 5, 2016 Approved Minutes 6 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. Burlingame City Council July 5, 2016 Approved Minutes 7 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