1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on February 6, 2023
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Police Chief Matteucci.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Ortiz, Stevenson MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
a. CONFERENCE WITH REAL PARTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 1200-1340 OLD BAYSHORE HIGHWAY; BURLINGAME, CA AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; DW BURLINGAME VENTURE, LLC – DIVCOWEST UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
City Attorney Guina stated that direction was given but no reportable action was taken.
b. CONFERENCE WITH REAL PARTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
PROPERTY: 1766 El CAMINO REAL; BURLINGAME, CA
AGENCY NEGOTIATORS: CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA NEGOTIATING PARTIES: CITY OF BURLINGAME; CARMEL PARTNERS UNDER NEGOTIATIONS: PRICE AND TERMS OF REAL ESTATE NEGOTIATIONS
City Attorney Guina stated that direction was given but no reportable action was taken.
2 c. CONFERENCE WITH LABOR NEGOTIATORS GOVERNMENT CODE SECTION 54957.6 CITY DESIGNATED REPRESENTATIVES: HUMAN RESOURCES DIRECTOR MARIA SAGUISAG-SID, CITY MANAGER LISA K. GOLDMAN, CITY ATTORNEY MICHAEL GUINA, CHIEF OF POLICE MIKE MATTEUCCI, TIMOTHY L. DAVIS ATTORNEY, FINANCE DIRECTOR HELEN YU-SCOTT EMPLOYEE ORGANIZATIONS: POLICE OFFICERS ASSOCIATION, POLICE SERGEANTS ASSOCIATION,
ASSOCIATION OF POLICE ADMINISTRATORS
City Attorney Guina stated that direction was given but no reportable action was taken.
5. UPCOMING EVENTS
Mayor Brownrigg reviewed upcoming events in the city.
6. PRESENTATIONS
a. RECAP OF UNITED AGAINST HATE COMMUNITY CONVERSATION
City Manager Goldman stated that on Wednesday, February 1, a United Against Hate Community Meeting was held at the Community Center. She explained that the meeting was held in conjunction with the San Mateo Union High School District and Burlingame High School. She discussed how Mayor Brownrigg, BHS Principal Jen Fong, City Librarian McCulley, Police Chief Matteucci, and Rabbi Feder all spoke about incidents that occurred at BHS, the mission of United Against Hate, and how to move forward. She noted that after hearing from the above listed individuals, members of the public were invited to ask questions.
City Librarian McCulley stated that at the event he discussed the library’s role in the United Against Hate movement and the work the Library and Police Department have done over the years to educate the public.
Councilmember Beach and Vice Mayor Colson thanked staff and the community for all their hard work on this event.
Mayor Brownrigg thanked everyone who participated in the event.
Mayor Brownrigg opened the item up for public comment. No one spoke.
7. PUBLIC COMMENTS, NON-AGENDA
HIP Housing representative Josh Hermoso thanked Council for their support of HIP Housing.
3 8. APPROVAL OF CONSENT CALENDAR
Mayor Brownrigg 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 adopt the Consent Calendar; seconded by Councilmember Beach.
The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF THE CITY COUNCIL MEETING MINUTES FOR THE JANUARY 17, 2023 CITY COUNCIL
MEETING
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the January 17, 2023 Council Meeting.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE JANUARY 28, 2023 CITY COUNCIL
ANNUAL GOAL SETTING SESSION
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the January 28, 2023 City Council Goal Setting Session.
c. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 15.10 OF THE BURLINGAME MUNICIPAL
CODE TO UPDATE TERMINOLOGY TO BE CONSISTENT WITH THE PLUMBING CODE AND TO CLARIFY WASTEWATER DISCHARGE PERMIT REQUIREMENTS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378 AND 15061(B)(3)
DPW Murtuza requested Council adopt Ordinance 2013.
d. ADOPTION OF AN ORDINANCE AMENDING CHAPTER 18.30 OF THE BURLINGAME MUNICIPAL CODE, WHICH CONTAINS LOCAL AMENDMENTS TO THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE (CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3))
ACA Spansail requested Council adopt Ordinance 2014.
e. ADOPTION OF A RESOLUTION TO APPROVE THE INFORMATION TECHNOLOGY CONSULTING
ASSISTANCE SERVICES AGREEMENT WITH BAKER TILLY US, LLP (BAKER TILLY) ON AN AS-NEEDED BASIS, WITH A NOT-TO-EXCEED LIMIT OF $100,000 PER FISCAL YEAR, AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT
Finance Director Yu-Scott requested Council adopt Resolution Number 010-2023.
4 f. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, INC. FOR A THREE-YEAR EXTENSION AT A TOTAL COST OF $95,532.39
City Clerk Hassel-Shearer requested Council adopt Resolution Number 011-2023
g. AUTHORIZE THE MAYOR TO SEND A LETTER TO STATE LEGISLATORS IN SUPPORT OF CHANGES TO AB 2449’S BROWN ACT TELECONFERENCING PROVISIONS
City Manager Goldman requested Council send a letter in support.
h. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE PLANNING COMMISSION
City Manager Goldman requested Council fill one vacancy on the Planning Commission.
i. APPROVAL OF OUT-OF-STATE TRAVEL FOR THE HUMAN RESOURCES DIRECTOR TO ATTEND THE WESTERN REGION INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION – HUMAN RESOURCES
ANNUAL CONFERENCE
Human Resources Director Saguisag-Sid requested Council approve out-of-state travel.
9. PUBLIC HEARINGS
a. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 9.04, "ANIMALS," OF TITLE 9 OF THE BURLINGAME MUNICIPAL CODE, REGARDING THE NUMBER OF ALLOWABLE CATS AND DOGS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378, 15061(B)(3)
City Attorney Guina stated that the City’s current ordinance limits the number of dogs kept on a premise to no more than 2, and the number of cats to no more than 3. He noted that the current ordinance places no limit on the number of puppies or kittens (under 4 months old). He added that under the current ordinance, a resident seeking a permit to keep more than the stated limits must present a petition to the Council containing signatures from a majority of neighbors within 400’ of the premises of the applicant.
City Attorney Guina stated that staff received inquiries from residents seeking a permit to keep more than the allowable number of cats and/or dogs. He explained that as a result, staff proposes the following changes to the current ordinance:
• Allowing for a maximum number of five cats and/or dogs rather than distinguishing between the number of cats and dogs
• Authorizing the City Manager or her designee, instead of the City Council to act on permit applications
5 City Attorney Guina stated that the proposed ordinance is intended to address pet owners and not commercial pet breeders. He explained that a commercial cat or dog breeder must still comply with all zoning regulations, which are addressed in Title 25 of the Municipal Code.
Vice Mayor Colson asked if the City had similar regulations for other types of pets such as rabbits and chickens. City Attorney Guina replied that a resident can have no more than twelve poultry or rabbits on a premise or single lot.
Mayor Brownrigg opened up the public hearing. No one spoke.
Councilmember Beach made a motion to bring back the proposed ordinance for a second reading; seconded by Councilmember Stevenson. The motion passed unanimously by roll call vote, 5-0.
10. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF A SMOKING BAN IN THE BROADWAY COMMERCIAL DISTRICT
CDD Gardiner stated that at the November 17, 2022 Economic Development Subcommittee meeting, members were informed by Broadway Business Improvement District (“BID”) President John Kevranian that over the years, the BID has received many complaints from merchants related to smoking on the sidewalk, including increased air pollution and littering. He noted that Mr. Kevranian stated that these complaints increased after the introduction of the parklets. He added that Mr. Kevranian proposed a smoking ban in the BID.
CDD Gardiner stated that the Economic Development Subcommittee suggested that a ban could be a tool for business owners to guide the public. He added that it was also requested that the subcommittee receive a petition of Broadway businesses before recommending the item to the Council.
CDD Gardiner stated that staff visited each Broadway business with a petition, asking whether the respondents would be in favor of a smoking ban in the district. He explained that of the 38 businesses reached, 25 supported a ban, one did not, and 12 declined to comment.
CDD Gardiner stated that the December 14, 2022 Economic Development Subcommittee meeting, staff noted potential difficulties with enforcing a smoking ban and suggested a long grace period prior to enforcement. He added that staff also suggested that public outreach and education would need to be conducted.
CDD Gardiner stated that while smoking is prohibited within 20 feet of public buildings by State law, the ban proposed before the Council is intended to prohibit smoking in front of all street-facing Broadway businesses. He explained that the subcommittee suggested a pilot phase of six months, though this timeframe could be extended based on Council discussion.
6 CCD Gardiner stated that it is important to note that if the pilot program is approved, the City would be using its police power to provide for the public health, safety, and welfare of Burlingame citizens by discouraging the inherently dangerous effects of cigarette smoke. He explained that for that reason, any extension of the program would need to consider applying the ban to other pedestrian-oriented districts such as Burlingame Avenue.
CDD Gardiner discussed other jurisdictions that had similar bans in place including Palo Alto, Santa Cruz, and Walnut Creek. He noted that Palo Alto staff said that their ban has generally been well-received and they received few complaints.
Vice Mayor Colson explained that the BID conducted their own research before bringing it to the Economic Development Subcommittee. She stated that staff spent a considerable amount of time discussing the enforcement aspect and its potential complications. She added that the enforcement expectation should be set in the beginning of the pilot program.
Councilmember Beach asked if the smoking ban was proposed for the entire Broadway district or just businesses on Broadway. CDD Gardiner replied that it is intended for the entire district.
Councilmember Beach asked about enforcement during the pilot program and what that would look like.
Mayor Brownrigg replied that a large part of enforcement would be community education.
City Manager Goldman stated that she expects very few tickets to be issued over this, but that it is an opportunity for signage and education to lead the way.
Councilmember Ortiz noted that the Council’s previous discussion regarding a ban on smoking in multi- family dwellings focused on the difficulty of enforcement. He stated that the ban on smoking in multi- family dwellings has been successful and a lot of outreach and education was conducted. He explained that he supported the proposed pilot program.
Councilmember Stevenson asked if the ban was for all smoking related products or just cigarettes. Mayor Brownrigg replied that staff would need to further review what could be banned if the Council decided to move forward with the pilot program.
Mayor Brownrigg opened the item up for public comment.
BID President John Kevranian spoke in favor of the proposed ban. He added that the ban should be for the entire district. He stated that he would like to see e-cigarettes included in the ban.
Mayor Brownrigg asked Mr. Kevranian where the bar/restaurant workers would smoke under this ban. Mr.
Kevranian replied that the employers would need to work with employees to find a place and that maybe a ban would help persuade employees to quit smoking.
7 Councilmember Ortiz asked if the BID was mostly concerned with individuals smoking while walking down the street rather than employees on their smoke break. Mr. Kevranian replied that the bigger problem was people walking down the street.
Kerry Bittner voiced her support for the ban. (comment submitted via [email protected]).
Mayor Brownrigg closed public comment.
Mayor Brownrigg asked if staff received proper direction.
City Attorney Guina asked if cannabis should be included in the ban. Mayor Brownrigg replied in the affirmative.
City Attorney Guina asked if chewing/smokeless tobacco should be included in the ban. Councilmember Ortiz replied that he doesn’t have an issue with chewing tobacco as long as it isn’t spit on the street.
Vice Mayor Colson stated that the ban should include language about properly discarding chewing tobacco.
Councilmember Stevenson and Mayor Brownrigg voiced support that the ban include the side streets.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reviewed their committee appointments.
12. FUTURE AGENDA ITEMS
There were no future agenda items.
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 Brownrigg adjourned the meeting at 7:57 p.m. in memory of Susan Runyan, Marianne Arbeed, and Bernie Cotter.
8 Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk