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HomeMy WebLinkAboutMin - CC - 2019.05.06 Burlingame City Council May 6, 2019 A pproved Minutes 1 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. Burlingame City Council May 6, 2019 A pproved Minutes 2 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. Burlingame City Council May 6, 2019 A pproved Minutes 3 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. Burlingame City Council May 6, 2019 A pproved Minutes 4 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. Burlingame City Council May 6, 2019 A pproved Minutes 5 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 Burlingame City Council May 6, 2019 A pproved Minutes 6 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. Burlingame City Council May 6, 2019 A pproved Minutes 7 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. Burlingame City Council May 6, 2019 A pproved Minutes 8 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. Burlingame City Council May 6, 2019 A pproved Minutes 9 14. ADJOURNMENT Mayor Colson adjourned meeting at 8:32 p.m. Respectfully submitted, /s/ Meaghan Hassel-Shearer City Clerk