Burlingame City Council April 18, 2022 Approved Minutes
1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on April 18, 2022
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:01 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by City Librarian McCulley.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, O’Brien Keighran, Ortiz MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 250 ANZA BOULEVARD, BURLINGAME, CALIFORNIA
AGENCY NEGOTIATORS; CITY MANAGER LISA K. GOLDMAN, PARKS AND
RECREATION DIRECTOR MARGARET GLOMSTAD, CITY ATTORNEY MICHAEL
GUINA, ASSISTANT CITY ATTORNEY SCOTT SPANSAIL, KAREN MURPHY FROM
BURKE, WILLIAMS & SORENSEN
NEGOTIATING PARTIES: CITY OF BURLINGAME; TOPGOLF USA BURLINGAME, LLC
UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
City Attorney Guina reported that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Ortiz reviewed upcoming events in the city.
Burlingame City Council April 18, 2022 Approved Minutes
2 6. PRESENTATIONS
There were no presentations.
7. PUBLIC COMMENTS, NON-AGENDA
There were no public comments.
8. APPROVAL OF CONSENT CALENDAR
Mayor Ortiz asked if any his colleagues or members of the public wanted to pull an item from the Consent Calendar. Vice Mayor Brownrigg pulled item 8e.
Councilmember O’Brien Keighran made a motion to adopt items 8a, 8b, 8c, and 8d; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 5-0.
a. ADOPTION OF A RESOLUTION ACCEPTING THE VICTORIA PARK PLAYGROUND RENOVATION PROJECT NO. 84370 IN THE AMOUNT OF $680,520.33
Parks and Recreation Director Glomstad requested Council adopt Resolution Number 035-2022.
b. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING CITY COUNCIL AND
COMMISSION MEETINGS REMOTELY DUE TO HEALTH AND SAFETY CONCERNS
FOR THE PUBLIC
City Clerk Hassel-Shearer requested Council adopt Resolution Number 036-2022.
c. ADOPTION OF A RESOLUTION ORDERING AND CALLING FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION TO FILL THREE CITY COUNCIL VACANCIES IN COUNCIL DISTRICTS 1, 3, AND 5
City Clerk Hassel-Shearer requested Council adopt Resolution Number 037-2022.
d. OPEN NOMINATION PERIOD TO FILL TWO VACANCIES ON THE LIBRARY BOARD
OF TRUSTEES
City Manager Goldman requested Council open the nomination period to fill two vacancies on the Library Board of Trustees.
Burlingame City Council April 18, 2022 Approved Minutes
3 e. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CSG CONSULTANTS, INC., FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR PRIVATE DEVELOPMENT PROJECTS IN THE AMOUNT OF $1,500,000
Vice Mayor Brownrigg stated that this item was for a $1.5 million contract to have CSG Consultants, Inc. assist the City with construction management and inspection services. He noted that this item is a sign of how much development the City is taking on that the City needs to contract out for assistance.
Vice Mayor Brownrigg voiced concerns about the contract. He explained that he felt the contract was fairly open ended. DPW Murtuza stated that the contract isn’t a typical City contract. He explained that the projects underway in the staff report dictate how much work will get done by CSG Consultants, Inc.
Vice Mayor Brownrigg noted that most of the cost will be recoverable but not all. He explained that he thought if the City needs to hire a consultant, then the developers should cover the cost. DPW Murtuza stated that the private developers do their own inspections for their own liability purposes. However, the City’s inspection will be to ensure that the City’s ordinances and policies are met. He added that there are minor costs associated with these inspections that are absorbed by the City.
Vice Mayor Brownrigg asked how staff plans to review the work of the developers to ensure that the quality is up to the City’s standards. DPW Murtuza replied that processes were in place to ensure that staff stayed on top of inspections.
Mayor Ortiz asked about the City’s past experience with CSG Consultants. DPW Murtuza replied that CSG Consultants worked on the Burlingame Point Development. He noted that it was the biggest project in the City and stated that the consultants have a good knowledge of the City and the City’s requirements.
Councilmember Colson stated that she was informed by a developer that the City’s staff is the best to work with in the Bay Area.
Mayor Ortiz opened the item up for public comment. No one spoke.
Vice Mayor Brownrigg made a motion to adopt Resolution Number 038-2022; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0.
9. PUBLIC HEARINGS
a. INTRODUCTION OF AN ORDINANCE ADOPTING A MILITARY EQUIPMENT USE
POLICY AND ADDING THE POLICY TO THE BURLINGAME POLICE DEPARTMENT POLICY MANUAL; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(b)(3)
City Attorney Guina explained that AB 481 came into effect on January 1, 2022. The law requires law enforcement agencies to adopt a military use policy prior to taking certain actions relating to the funding,
Burlingame City Council April 18, 2022 Approved Minutes
4 acquisition, or use of military equipment as that term is defined by the statute. He added that the policy must be adopted by ordinance at a regular meeting of the governing body for that law enforcement agency. He noted that this policy must be adopted prior to the City leasing or collaborating with other law enforcement agencies in their own jurisdiction.
City Attorney Guina stated that AB 481 requires that by May 1, 2022, the City Council start the process of approving a military equipment use policy.
City Attorney Guina stated that AB 481 requires posting a draft of the policy on the Police Department’s website for at least 30 days prior to the hearing. He noted that this was completed.
City Attorney Guina reviewed the military equipment, as defined by AB 481, that the Police Department utilizes:
• AR-15 rifle
• M4 select fire rifle
• 40 mm less lethal launchers and kinetic energy munitions • Pepper ball launchers and munitions
He noted that the Police Department does not have tactical equipment obtained from the military, nor do they possess any equipment that is designed for military use.
City Attorney Guina stated that the City’s Police Department participates in the North County Regional SWAT Team. He explained some equipment is owned and operated by NCR SWAT through partner law enforcement agencies. Therefore, while the City’s Police Department does not own or operate this equipment, it could be used in Burlingame by NCR Swat if they are deployed to an incident within City limits. He reviewed the equipment that NCR SWAT uses that is included in AB 481:
• Drones
• Mine resistant ambush protected vehicles
• Wheeled vehicles with breaching apparatus
• Battering rams/slugs
• AR-15
• Flashbang grenades, tear gas, and pepper balls
• Long range acoustic device
City Attorney Guina stated that AB 481 requires that in order to adopt the military equipment use policy, the City Council must make the following findings:
• The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
• The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; • If purchasing equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and
Burlingame City Council April 18, 2022 Approved Minutes
5 • Prior military equipment complied with the policy that was in effect at the time, or if prior uses did not comply with the policy, that corrective action has been taken to remedy nonconforming uses and ensure future compliance.
City Attorney Guina stated that AB 481 requires that the City undertake an annual review of its policy. He noted that the annual review will include the following:
• Summary of how the military equipment is used and its purpose • Summary of any complaints regarding the military equipment • Internal audit results, violations of policy, corrective actions • Annual cost of military equipment including acquisition, training, transportation, and the funding sources
• Quantity possessed
• If the Police Department intends to acquire additional military equipment
Mayor Ortiz asked what a long-range acoustic device is. Police Chief Matteucci stated that it is used for communication; to scramble communication; and can be used to send out signals that irritate the ear.
Mayor Ortiz asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel-Shearer read the title.
Councilmember Beach made a motion to waive further reading and introduce the proposed ordinance; seconded by Councilmember O’Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
Mayor Ortiz opened the public hearing.
Barb Atwell stated that she reviewed the City’s policy but didn’t think it covered all items including a use policy for assault rifles.
Mayor Ortiz closed the public hearing.
Councilmember Colson made a motion to bring the proposed ordinance back for a second reading; seconded by Vice Mayor Brownrigg.
Councilmember Beach asked staff to comment on Ms. Atwell’s concern.
City Attorney Guina stated that he appreciated the input from Ms. Atwell. He stated that he believed the policy could be adopted as is but asked that she provide her comments to the City so that they can be reviewed.
The motion passed unanimously by roll call vote, 5-0.
Burlingame City Council April 18, 2022 Approved Minutes
6 10. STAFF REPORTS AND COMMUNICATIONS
a. ADOPTION OF A RESOLUTION DIRECTING STAFF TO FLY THE PRIDE FLAG
THROUGHOUT THE MONTH OF JUNE AT CITY HALL
City Manager Goldman stated that the City has long recognized the month of June as Pride Month.
However, it was not until last year that the City flew the Progress Pride Flag on the City Hall flagpole.
City Manager Goldman explained that previously the City had not flown the flag because of the concern that it would open up the public forum for free speech. She stated that ACA Spansail reviewed the law and discovered that the City could fly a commemorative or ceremonial flag as long as it is City speech and not public speech for anyone else.
City Manager Goldman stated that ACA Spansail drafted an Outdoor Flagpole Display Policy that the Council adopted on February 22, 2022; that policy contains the rules and procedures to display a flag on a City-owned flagpole.
City Manager Goldman stated that under the policy:
a request to fly a commemorative or ceremonial flag must be made by at least two (2) City Councilmembers during a duly-noticed meeting by the City Council, and the request will be voted upon by the City Council at a later, duly-noticed City Council meeting. All requests to fly a commemorative or ceremonial flag must receive an affirmative vote of at least four (4) City Councilmembers to be approved.
City Manager Goldman stated that at the April 4, 2022 Council meeting, Councilmember Beach requested that the City fly the Progress Pride Flag during the month of June. She explained that Mayor Ortiz seconded the request. She added that staff recommended, and Councilmember Beach and Mayor Ortiz concurred, that the City Council consider a resolution directing that the Progress Pride Flag (or whichever subsequent Pride Flag is appropriate) be flown during Pride Month each year in perpetuity.
Mayor Ortiz opened the item up for public comment. No one spoke.
Councilmember Colson made a motion to adopt Resolution Number 039-2022; seconded by Vice Mayor Brownrigg. The motion passed unanimously by roll call vote, 5-0.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
There were no reports.
12. FUTURE AGENDA ITEMS
There were no future agenda items.
Burlingame City Council April 18, 2022 Approved Minutes
7 13. 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
.
14. ADJOURNMENT
Mayor Ortiz adjourned the meeting at 7:35 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk