HomeMy WebLinkAboutMin - CC - 2019.05.06
Burlingame City Council May 6, 2019
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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on May 6, 2019
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council
Chambers at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Joe Mendoza.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH LABOR NEGOTIATORS (GOVERNMENT CODE SECTION
54957.6)
CITY DESIGNATED REPRESENTATIVES: TIMOTHY L. DAVIS, HR DIRECTOR SONYA
M. MORRISON, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY KATHLEEN
KANE, FINANCE DIRECTOR CAROL AUGUSTINE
EMPLOYEE ORGANIZATIONS: AFSCME MAINTENANCE AND ADMINISTRATIVE
UNITS
City Attorney Kane reported that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Colson reviewed the upcoming events taking place in the city.
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6. PRESENTATIONS
a. PROCLAMATION HONORING BURLINGAME HIGH SCHOOL AND SAN MATEO HIGH
SCHOOL COMBINED CONCERT CHOIRS AND CHAMBER SINGERS
Mayor Colson presented the Burlingame High School and San Mateo High School combined concert choirs
and chamber singers with a proclamation. She explained that members of the combined concert choirs won
gold in 2017 at the World-Strides Heritage Festival, and members of the chamber singers won gold in 2018
at the Anaheim Heritage Festival.
Mayor Colson stated that as a result, the students performed at Carnegie Hall in New York City on March
31, 2019.
The students accepted the proclamation and performed one of their pieces for the community.
Congratulations to the students from Burlingame High School and San Mateo High School.
b. PROCLAMATION HONORING BURLINGAME HIGH SCHOOL IRON PANTHER S
ROBOTICS TEAM
Mayor Colson presented the Burlingame High School Iron Panthers Robotics Team with a proclamation for
winning first place at the World Championships in Houston, Texas.
The Robotics Team showed the Council their robot and demonstrated the ir robot’s capabilities.
Congratulations to the Burlingame High School Iron Panthers Robotics Team.
c. YOUTH ADVISORY COMMITTEE (YAC) PRESENTATION
Recreation Coordinator Nicole Rath introduced the Youth Advisory Committee (“YAC”). YAC members
include Aiden Mendoza, Anastasios Pantazis, Carina Husain, Chase Johnson, Diana Milne, Dylan
Aguinaldo, Ethan Wan, Hope Trygstad, Jiana Ang, Lauren Shannon, Sophia Morales, Taylor Abbey, and
Tiana Carroll.
YAC representatives discussed their work at various events this past year including: the Pet Parade, YAC
Social, Fall Festival, Tree Lighting, Holiday Gift Wrapping, Frozen Sing -Along, Senior Valentine’s Dance,
and PARCA Event.
YAC representatives explained that each year, they cho ose an issue to work on as their major initiative. This
year, they chose anti-vaping and created a PSA on the subject for the community.
Additionally, YAC representatives discussed their recent “Conservations with Council for teens.” This event
allowed students in Burlingame t o ask City Councilmembers questions and discuss their concerns.
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Vice Mayor Beach asked which of YAC’s undertakings was their favorite this past year. One YAC
representative replied that it was the PARCA event as it allowed them to give back to the community.
Mayor Colson and the Council thanked YAC for their hard work and dedication to the community.
7. PUBLIC COMMENT
There were no public comments.
8. CONSENT CALENDAR
Mayor Colson 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 approve the Consent Calendar; seconded by Councilmember
Brownrigg.
Councilmember Brownrigg commented on the motion. He noted that item 8b concerned the purchase of
hybrid cars for the police department. He thanked staff for being open to the purchase of hybrid vehicles for
City use.
The motion passed unanimously by voice vote, 5 -0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR APRIL 1 5, 2019
City Cle rk Hassel-Shearer requested Council adopt the City Council Meeting Minutes for April 1 5, 2019.
b. ADOPTION OF A RESOLUTION APPROVING THE PROCUREMENT OF FIVE PUBLIC
SAFETY INTERCEPTOR VEHICLES
DPW Murtuza requested Council adopt Resolution Number 42-2019.
c. ADOPTION OF AN ORDINANCE ADDING CHAPTER 15.15 TO THE CITY OF
BURLINGAME MUNICIPAL CODE REGARDING THE MANAGEMENT OF
POLYCHLORINATED BIPHENYLS (PCBS) DURING BUILDING DEMOLITION
PROJECTS
DPW Murtuza requested Council adopt Ordinance 1963.
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d. ADOPTION OF A R ESOLUTION APPROVING THE ISSUANCE OF UP TO $64,000,000 OF
SOLID WASTE ENTERPRISE BONDS TO REFINANCE OUTSTANDING BONDS OF THE
SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY AND TO FINANCE CERTAIN
IMPROVEMENTS TO THE SOLID WASTE MANAGEMENT FACILITIES OF THE
SOUTH B AYSIDE WASTE MANAGEMENT AUTHORITY
Finance Director Augustine requested Council adopt Resolution 43-2019.
e. ADOPTION OF A RESOLUTION S INITIATING PROCEEDINGS TO RENEW THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLINGAME
AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2019 -20
DPW Murtuza requested Council adopt Resolution Number 44 -2019, Resolution Number 45-2019, and
Resolution Number 46 -2019.
f. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE LIBRARY BOARD
OF TRUSTEES
City Manage r Goldman requested Council open the nomination period to fill two vacancies on the Library
Board of Trustees.
g. QUARTERLY INVESTMENT REPORT, PERIOD ENDING MARCH 31, 2019
Finance Director Augustine submitted to Council the Quarterly Investment Report, per iod ending March 31,
2019.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF
BURLINGAME MASTER FEE SCHEDULE FOR FISCAL YEAR 2019 -20
Finance Director Augustine stated that the proposed fees for the FY 2019-20 Master Fee Schedule were
brought to Council for review at the April 1, 2019 meeting. She explained that Council’s requested changes
were incorporated into the proposed Master Fee Schedule. Additionally, the Master Fee Schedule was
updated to include downtown parking permits and CCFD’s new fees. She noted that if adopted, most of the
fees become effective July 1, 2019.
Mayor Colson stated that this is the first Master Fee Schedule that will include the City’s housing linkage
fees. She asked that the name of the fees be amended from Commercial Linkage Fees to Commercial
Affordable Housing Linkage Fees. She explained that it was important to include what the fees were being
used for to better address community concern.
Mayor Colson opened the public hearing. No one spoke.
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Councilmember Keighran made a motion to adopt Resolution Number 47-2019; seconded by
Councilmember Ortiz. The motion passed unanimously by voice vote, 5 -0.
b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS
IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2019-20
Finance Director Augustine stated that at the April 1, 2019 Council meeting, the Council asked for more
detail concerning Broadway BID’s proposed expenditures. She noted that Broadway BID issued her a report
on their expenditures , but she had forgotten to attach it to the staff report. Therefore, the report was sent to
the Council prior to the meeting , and the Council’s agenda was amended online to include the report.
Mayor Colson opened the public hearing. No one spoke.
Mayo r Colson thanked Broadway BID for the report on their proposed expenditures.
Vice Mayor Beach made a motion to adopt Resolution Number 48-2019; seconded by Councilmember
Keighran. The motion passed unanimously by voice vote, 5 -0.
c. INTRODUCTION OF AN ORDINANCE PROHIBITING RETALIATION FOR SMOKING
COMPLAINTS
City Attorney Kane stated that the City’s current smoking regulations include a prohibition on discrimination
or retaliation by employers for making complaints regarding illegal smoking. She explaine d that the
proposed amendment would prohibit retaliation and discrimination broadly, including in the housing context
as well as in other circumstances where a manager or other person or entity in authority may retaliate for
smoking complaints. She stated that the amendment’s particular focus was tenants who feel vulnerable to
retaliation for filing a smoking complaint.
City Attorney Kane noted that the proposed amendment would not protect individuals that file a complaint in
bad faith in order to harass another person.
Councilmember Brownrigg asked City Attorney Kane to explain the particulars of how the amendment
would work. He gave the example of a tenant receiving an eviction notice after filing a smoking complaint
and asked what the tenant does pursuant to the proposed amendment. City Attorney Kane explained that
there are two ways the ordinance would work. The first is that if a tenant is retaliated against for filing a
complaint , it would be a violation of the ordinance, which could trigger fines. However, she noted that the
more practical way that the ordinance will be used is that the tenant would utilize this ordinance in their
eviction hearing to argue that the eviction is unlawful.
City Attorney Kane explained that the amendment arose from the County’s Civil Grand Jury reviewing
tenant protections for smoking complaint cases.
Councilmember Brownrigg asked if the proposed amendment could be used to protect tenants that raise
concerns about smoke alarms or other safety issues. City Attorney Kane replied in the negative. She
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explained that the proposed amendment only addresses smoking complaints. She noted that there are
protections under County and State law that address Councilmember Brownrigg’s hypothetical.
Councilmember Brownr igg stated that he has been informed that some of the City’s tenants aren’t able to
raise safety issues because of fear of retaliation. He suggested that the Council broaden the proposed
protections to include safety issues.
City Attorney Kane stated that Councilmember Brownrigg’s suggestion could be brought back for
discussion. She noted that the C ouncil needs to weigh whether these protections are better served by State
and County agencies , or if they would benefit from City involvement.
Councilmember Keighran asked if the City requires annual fire inspections of apartments. CCFD Fire Chief
Kammeyer replied in the affirmative. He explained that CCFD inspects common spaces in multi-unit
buildings but doesn’t go into individual units.
Councilmember Keighran discussed the scenario where the landlord is following up on a complaint and the
tenant is unwilling to cooperate. She asked what protections the landlord has when the tenant retaliates
because a complaint is not resolved in an expedient way. City Attorney Kane discussed the difficulties of
enforcing the ban on smoking in multi-family units. She stated that Councilmember Keighran’s concerns
were not addressed in the amendment, but that it could be brought back for discussion.
City Attorney Kane stated that the proposed amendment doesn’t guarantee that the complaint is valid but
instead guarantees that the individual won’t be retaliated against for making the complaint. She noted that
the amendment also protects individuals that file complaints about smoking in commercial spaces.
Councilmember Keighran asked if staff was aware of tenants facing retaliation for smoking complaints in
Burlingame. City Attorney Kane replied in the negative. She noted that there have been issues of landlords
retaliating against tenants for other complaints they filed, such as lack of heat in their units.
Mayor Colson asked if e-cigs are covered in the amendment. City Attorney Kane stated that the amendment
protects good-faith-based complaints.
Councilmember Brownrigg discussed the need for tenants to be able to file complaints anonymously for their
protection. City Attorney Kane stated that names and personal information are kept confidential in code
enforcement complaints.
Mayor Colson asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer
read the title.
Councilmember Brownrigg made a motion to waive further reading and introduce the ordinance; seconded
by Councilmember Ortiz. The motion passed unanimously by voice vote, 5-0.
Mayor Colson opened the public hearing. No one spoke.
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Vice Mayor Beach made a motion to bring back the proposed ordinance for adoption; seconded by
Councilmember Ortiz. The motion passed unanimously by voice vote, 5 -0.
10. STAFF REPORTS
a. ADOPTION OF A RESOLUTION AUTHORIZING AMENDMENT OF THE CITY
ATTORNEY’S EMPLOYMENT AGREEMENT TO PROVIDE A SALARY INCREASE,
AND APPROVING THE CITY OF BURLINGAME PAY RATES AND RANGES (SALARY
SCHEDULE)
HR Morrison explained that on April 15, 2019, the City Council conducted the City Attorney’s annual
performance evaluation. She stated that based on the Council’s suggestion, she has drafted a resolution to
approve a 3% increase to the City Attorney’s salary. She noted that the salary increase is equal to the
increase that the other department heads received this year. Additionally, the City Attorney receives the
same benefits as the other department heads.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Keighran made a motion to adopt Resolution Number 49-2019; seconded by
Councilmember Brownrigg. The motion passed unanimously by voice vote, 5 -0.
The Council discussed the hard work of City Attorney Kane and thanked her for her continued service.
b. ADOPTION OF A R ESOLUTION GOVERNING APPEAL PROCEDURES FOR MASSAGE
ESTABLISHMENTS AND PRACTITIONERS
City Attorney Kane explained that under the existing massage ordinance, registration with the City can be
denied or refused renewal as a result of different infractions such as employment of practitioners who are not
certified. She explained that when the City denies or refuses renewal of an establishment or practitioner’s
registration, the individual can appeal the decision to the Council. She explained that the proposed
resolution provides guidance on how the se appeal hearings should be held.
City Attorney Kane explained that the goal of the resolution is to provide for due process, adequate notice,
and the opportunity to be heard, while preserving the informal nature of proceedings before the Council. She
stated that pursuant to the resolution, the applicant and the police department/code enforcement office would
be able to provide information for the Council’s review. After that , the Council would be able to ask
que stions and make a decision.
City Attorney Kane noted that because her office oversees code enforcement, she w ould not be advising the
Council as to the procedure during the hearings. She explained that she was conflicted out as she may have
been aware or involved in denial or refusal to renew the registration. She stated that as a result, the Council
would be provided with outside counsel to advise them on procedural questions.
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Councilmember Brownrigg asked if the Council would receive guidance on the applicable standards for
massage registration. City Attorney Kane explained that it is the obligation of the staff that was involved in
the enforcement to explain to Council what the law is and why the applicant’s registration was denied. She
stated that Council will be asked to decide whether staff adequately established that a violation occurred.
Councilmember Brownrigg asked how many denials or refusals to renew occur in a year. City Attorney
Kane stated that it is infrequent.
Mayor Colson stated that the resolution states that “the decision of the Council shall be final.” She noted
that this was the same as Beautification and Planning Commission appeals. She asked if the applicant could
appeal the Council’s decision to the courts. City Attorney Kane stated that the Council will make the final
decision in the City. However, she noted that there is a writ mechanism that would allow the individual to
challenge the Council’s decision.
Vice Mayor Beach asked if the City needed to broaden the proposed appeal procedures in order to account
for other decisions the Council may be asked to review. City Attorney Kane replied in the negative and
explained that the City had procedures in place for Beautification and Planning Commission appeals.
Mayor Colson opened the item up for public comment. No one spoke.
Vice Mayor Beach made a motion to adopt Resolution Number 50-2019; seconded by Councilmember
Brownrigg. The motion passed unanimously by voice vote, 5-0.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCMENTS
a. MAYOR COLSON’S COMMITTEE REPORT
b. VICE MAYOR BEACH’S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
Mayor Colson asked to agendize a discussion on regulating the sale of flavored tobacco and e-cigs. The
Council agreed to agendize this item.
13. ACKNOWLEDGEMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees
are available online at www.burlingame.org.
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14. ADJOURNMENT
Mayor Colson adjourned meeting at 8:32 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk