1 BURLINGAME CITY COUNCIL
Approved Minutes
Regular City Council Meeting on May 1, 2023
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in person and via Zoom at 7:01 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Mary Herman.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, Stevenson, MEMBERS ABSENT: Ortiz
4. REPORT OUT FROM CLOSED SESSION
There was no closed session.
5. UPCOMING EVENTS
Mayor Brownrigg reviewed upcoming events in the city.
6. PRESENTATIONS
a. PROCLAMATION FOR MARY HERMAN’S 100TH BIRTHDAY
Mayor Brownrigg read the proclamation recognizing Mary Herman for all of her contributions to the community.
Mary Herman spoke about what a wonderful experience it has been living in and serving the people of Burlingame.
The Council thanked Ms. Herman for all of her work on the Library Board of Trustees, the Library Foundation, and on Peninsula Healthcare District advisory committees.
2 Mayor Brownrigg opened the item up for public comments.
Former Mayor Ann O’Brien congratulated Ms. Herman on her 100 th birthday. She added that it has been a
pleasure working with her over the years, and she has enjoyed their friendship.
Library Trustee Kris Cannon thanked Ms. Herman for all her hard work and leadership in the community.
Sylvia, Executive Director of the Trousdale, thanked Ms. Herman for all her hard work and friendship.
Retired Peninsula Healthcare District CEO Cheryl Fama thanked Ms. Herman for all her hard work and for being a worthy role model.
Burlingame Presbyterian Church representative Jane Doty MacKenzie stated how grateful she is for Ms.
Herman and all the hard work she has done.
Mayor Brownrigg closed public comment.
b. RACIAL AND IDENTITY PROFILING ACT (“RIPA”) REPORT FROM THE POLICE DEPARTMENT
Police Chief Matteucci explained that in 2016, the State passed AB 953, the Racial and Identity Profiling Act (RIPA). He stated that under RIPA, police departments are required to collect data on their stops/detentions. This information is then reported to the California Department of Justice. He noted that this is done in an attempt to combat biased based policing.
He reviewed the timeline for compliance that the State adopted:
Number of Peace Officers in Agency Deadline to Issue First Annual Report 1000+ April 1, 2019
667 to 999 April 1, 2020
334 to 666 April 1, 2022
1 to 333 April 1, 2023
Police Chief Matteucci stated that Burlingame has 40 sworn officers, and therefore this is the first year that the police department was required to report their numbers. However, he stated that staff made the decision to implement the reporting a year early in order to test the reporting system and work out any bugs. He thanked Sergeant Perna for leading the charge on the implementation and maintenance of the RIPA program.
3 Police Chief Matteucci reviewed the types of data that the police department needs to collect under RIPA:
Stop Data Detainee’s Information Officer’s Information
Date, time, and duration Perceived race or ethnicity Identification (ID) number Location Perceived gender Years of experience
Reason Perceived to be LGBT Type of assignment of officer Actions taken by officer Perceived age
Results Degree of English fluency
Perceived or known disability
Police Chief Matteucci stated that the need for special collection software and the length of time to comply is due to the large amount of data collected at every stop. He noted that being able to sort and compile this data completely and accurately is complicated.
Police Chief Matteucci stated that the law requires that the City report the officer’s perception of the person’s identity, not the individual’s actual identity. He explained that the police are required to report both officer-initiated detentions and calls initiated by the public. He noted the data can be found on the Burlingame Police Department website and on the California Department of Justice website.
Police Chief Matteucci stated that the reporting categories are mandated by the State. He reviewed the City’s numbers:
Race Gender Stop Reason Result of Stop
35.9% White 67.2% Male 78.6% Traffic violation 38.1% Warning
27.6% Hispanic/Latino 32.5% Female 16.5% Criminal activity suspected
26.6% Citation for
infraction
15.8% Asian 0.2% Transgender Male 3.8% Consensual
encounter and search
18.4% No action
9.8% Middle Eastern or
South Asian
0.0% Transgender
Female
0.6% Warrant or wanted 5.4% Arrest without
warrant
8.4% Black/African
American
0.0% Gender non-
conforming
0.3% Parole/probation,
supervision
2.8% Arrest with
warrant
20.2% Pacific Islander 0.1% School policy
violation
2.6% In-field cite and
release
0.3% Native American 0.0% Education Code
discipline
2.3% Interview card
completed
2.0% Psychiatric hold
1.4% Transported non-
criminal
0.3% Contacted
parent/guardian
4 0.1% Referred school
administrator
0.0% Referred school
counselor
0.0% Contacted DHS
He reviewed the difference in the calls initiated by the public versus officer-initiated calls. He stated that while African Americans represented the 5th largest group among officer-initiated calls, they represented the third largest group among public-initiated calls.
Police Chief Matteucci noted that interpreting the data is tricky. He explained that the data can’t be compared to the City’s population numbers because Burlingame sits in the middle of a populated area.
Therefore, the City’s data is impacted by individuals traveling, working, and driving through the city.
Vice Mayor Colson thanked Police Chief Matteucci for the presentation. She stated that it will be interesting to see the long-term patterns in the data. She asked how Burlingame’s data compares to other cities in the area. Police Chief Matteucci replied that he would need to get back to Council with that data.
Councilmember Stevenson asked if the recorded data was the officer’s perception and if it was checked against California Drivers License data. Police Chief Matteucci replied that the data reports only the officer’s perception.
Councilmember Stevenson asked if there were any substantive changes in the data set since the program was rolled out. Police Chief Matteucci replied in the negative.
Councilmember Beach thanked Police Chief Matteucci for starting the program a year earlier than required.
She asked what the police department has learned from this information or if there are any changes that the City should make as a result of the data. Police Chief Matteucci replied that the police department is looking into additional training. He noted that at a conference, he learned that the best way to review the data is to compare it to traffic accidents since traffic accidents are largely random. He explained that he did this and found the numbers to be very similar.
Councilmember Beach stated that she would like to see the data further broken down and digestible for the public. Police Chief Matteucci replied that the categories the data is broken into reflect what the vendor supplies. However, he has asked the vendor to compare the RIPA data to traffic data for the City’s website.
Mayor Brownrigg thanked Police Chief Matteucci for the hard work done on the RIPA data. He added that he appreciated that the police department is embracing the RIPA program and thanked Sergeant Perna for all his work on this initiative.
Mayor Brownrigg opened the item up for public comment. No one spoke.
5 Councilmember Beach stated that she was in support of any additional resources towards police training and community conversations on RIPA issues.
Mayor Brownrigg asked that RIPA data be reported to the City Council on a yearly basis at a Council meeting. City Manager Goldman replied in the affirmative.
7. PUBLIC COMMENTS, NON-AGENDA
There were no public comments.
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.
Vice Mayor Colson made a motion to adopt the Consent Calendar; seconded by Councilmember Stevenson.
The motion passed unanimously by roll call vote, 4-0-1. (Councilmember Ortiz was absent).
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 17, 2023 CLOSED SESSION
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the April 17, 2023 Closed Session.
b. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR THE APRIL 17, 2023 REGULAR CITY COUNCIL
MEETING
City Clerk Hassel-Shearer requested Council approve the City Council Meeting Minutes for the April 17, 2023 Regular Meeting.
c. ADOPTION OF AN ORDINANCE RENEWING THE BURLINGAME POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378; 15061(B)(3)
City Attorney Guina and Police Chief Matteucci requested Council to adopt Ordinance 2017. d. ADOPTION OF A RESOLUTION ACCEPTING THE 2022 STREET RESURFACING PROGRAM BY RADIUS EARTHWORK, INC., CITY PROJECT NO. 86220
DPW Murtuza requested Council adopt Resolution Number 044-2023.
e. ADOPTION OF A RESOLUTION RESCINDING THE WATER SHORTAGE EMERGENCY DECLARATION ADOPTED ON JUNE 6, 2022 AND DIRECTING STAFF TO CONTINUE TO IMPLEMENT WATER USE
6 RESTRICTIONS CONSISTENT WITH THE REQUIREMENTS OF TITLE 23, SECTIONS 995 AND 996 OF
THE CALIFORNIA CODE OF REGULATIONS FOR THE DURATION OF THE EMERGENCY REGULATION DPW Murtuza requested Council adopt Resolution Number 045-2023. f. OPEN NOMINATION PERIOD TO FILL ONE VACANCY ON THE LIBRARY BOARD OF TRUSTEES City Manager Goldman requested that Council open the nomination period to fill one vacancy on the Library Board of Trustees.
9. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE CITY OF BURLINGAME MASTER FEE SCHEDULE FOR FISCAL YEAR 2023-24
Finance Director Yu-Scott explained that the City Council, staff, and the public are asked to annually review the Master Fee Schedule as part of the budget process. She stated that staff recommendations for fees are developed in accordance with the User Fee Cost Recovery Policy that was adopted in 2018.
Vice Mayor Colson stated that she had thoroughly reviewed the fees and thought that several were outdated (for example the fee to request a VHS copy of a City Council meeting) and had questions about other fees.
The Council discussed some of the fees that the Vice Mayor questioned. It was determined that the Vice Mayor should forward her concerns to the City Manager for further review.
City Manager Goldman stated that staff would review the Vice Mayor’s concerns. She explained that staff would review the questions and, after the Master Fee Schedule is adopted, discussions could be agendized for any large change in practice.
Mayor Brownrigg opened the item up for public comment. No one spoke.
Councilmember Beach made a motion to adopt Resolution Number 046-2023; seconded by Vice Mayor Colson. The motion passed unanimously by roll call vote, 4-0-1. (Councilmember Ortiz was absent).
b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS IMPROVEMENT ASSESSMENTS FOR FISCAL YEAR 2023-24
Finance Director Yu-Scott stated that at the April 3, 2023 City Council Meeting, the Council adopted a resolution of intention to set the 2023-2024 Fiscal Year Broadway Area Bid Assessments at the May 1, 2023 Council Meeting.
7 Finance Director Yu-Scott asked City Clerk Hassel-Shearer if the City received any protests. City Clerk Hassel-Shearer responded that the City received one protest.
Finance Director Yu-Scott stated that because one protest did not constitute a majority, staff’s recommendation is to adopt the Broadway Area Business Improvement assessments for fiscal year 2023-
24. Mayor Brownrigg opened the item up for public comment. No one spoke.
Councilmember Stevenson made a motion to adopt Resolution Number 047-2023; seconded by Councilmember Beach. The motion passed unanimously by roll call vote, 4-0-1. (Councilmember Ortiz was absent.)
10. STAFF REPORTS AND COMMUNICATIONS
a. DISCUSSION OF A POSSIBLE COMMUNITY EVENT STREET CLOSURE PROGRAM FOR BURLINGAME AVENUE
CDD Gardiner stated that in 2020, the City initiated a series of measures to facilitate safe outdoor dining in the midst of the COVID-19 pandemic. He explained that one of the measures included implementing temporary street closure programs for both Downtown Burlingame Avenue and Broadway and installing parklets on side streets in the Downtown Burlingame Avenue area.
CDD Gardiner stated that the City terminated the temporary street closure program on Burlingame Avenue and converted to a parklet program due to concerns with overcrowding, lack of public adherence to social distancing protocols, and complaints from businesses regarding access and parking impacts. He noted that the City continued to allow the Broadway street closure for a number of months as there were no complaints of violations, and the Broadway Business Improvement District (BID) was supportive of the street closures. He stated that the program was popular with many residents, and there was interest from Councilmembers in revisiting the matter once the pandemic health orders were lifted.
CDD Gardiner stated that when the potential closure was discussed at the March Economic Development Subcommittee meeting, the Broadway BID indicated that street closures would not be of interest for Broadway due to access issues and a larger number of daytime service-oriented businesses that need parking for customers.
CDD Gardiner stated that there was interest from the Downtown Business Improvement District (DBID) and Chamber of Commerce representatives in a potential multi-week closure of several blocks of Burlingame Avenue as a pilot to coincide roughly with the Chamber’s Burlingame on the Avenue Festival taking place on August 19-20, 2023.
8 CDD Gardiner stated that to gauge interest in a street closure program, staff distributed a survey to merchants to determine whether they would support longer-term street closures and where those closures should occur, if at all. He explained that the City received 45 responses to the survey. He reviewed the questions and responses from the surveyed merchants:
• Of the 45 responses received,
o four were from businesses in the 1100 block of Burlingame Avenue o six in the 1200 block
o two in the 1300 block
o seven in the 1400 block
o two in the 200 block of Park Road
o 21 in other locations other than Burlingame Avenue or Park Road. o (Three respondents skipped the question)
• When asked do you support long-term (multi-week) street closures. o 20 respondents (48%) indicated that they would support a closure. o 22 respondents (52%) indicated that they would not.
o (Three respondents skipped the question)
• When asked where do you think makes most sense for a street closure, o 18 respondents indicated all of Burlingame Avenue
o two indicated the 1100 and 1200 blocks of Burlingame Avenue o six indicated the 1200 and 1300 blocks of Burlingame Avenue o two indicated the 1300 and 1400 blocks of Burlingame Avenue o six indicated Park Road
o 20 indicated “other” (respondents were allowed to select more than one option). Of the 20 respondents who indicated “other,” most indicated they did not support any closures, though some suggested Primrose Road or Washington Park.
• When asked how long should long-term/seasonal event street closures be. o six respondents (15%) indicated two weeks.
o three (8%) indicated three weeks.
o 11 (28%) indicated four weeks or longer.
o 19 (49%) indicated they did not support long-term/seasonal event street closures. o (Six respondents skipped the question)
• When asked should street closures be considered while parklets remain in place. o 21 respondents (48%) indicated yes.
o 23 (52%) indicated no.
o (One respondent skipped the question)
CDD Gardiner noted that parklets are allowed to remain until June, 30, 2024. He continued that the parklet program will return to the Council for discussion as the June 30, 2024 expiration date approaches.
9 Mayor Brownrigg stated that at the Economic Development Subcommittee meetings, members and staff have discussed the importance of not closing cross streets if the City institutes a street closure program.
Councilmember Stevenson asked if there is data to show where the businesses that are for and against street closures reside. He also wanted to know if the businesses understood the potential positive economic impacts of closing the street.
Councilmember Beach stated that if cross traffic is allowed, the City needs to ensure adequate traffic calming measures are in place in order to protect pedestrians. She added that if the City was to pilot a street closure program, it should do so for long enough to collect data on the potential benefits and impacts.
Vice Mayor Colson discussed the number of restaurants on Lorton Avenue. She noted that it might be easier to close Lorton Avenue over a street with retail.
Mayor Brownrigg opened the item up for public comment.
John Kevranian suggested street closures on less busy days to drive more traffic to businesses. He mentioned that weekends are already busy.
Mayor Brownrigg closed public comment.
Mayor Brownrigg stated he would be in favor of experimenting with a two-week closure. He mentioned that B Street in San Mateo at times can feel empty, and that is something he wants to avoid.
Councilmember Stevenson stated he is in favor of experimenting and incorporating it into a long-term plan.
Councilmember Beach discussed the new parking garage off of Burlingame Avenue. She stated that because it is not often full, she was not as concerned about parking impacts due to a street closure. She also suggested that staff should review other cities with street closure programs to learn what works and how businesses and the community are impacted.
City Manager Goldman stated that the new parking garage is being utilized by the community. She noted that on Thursday at noon, there were only 28 spaces available.
Vice Mayor Colson suggested closing the 1200 and 1300 blocks of Burlingame Avenue as well as a portion of Park Street. She stated that this would create a good traffic flow, and most of the businesses in that area are restaurants or sell smaller items. She suggested undertaking a two-week closure that would coincide with the Chamber of Commerce’s art and wine festival.
Councilmember Stevenson and Councilmember Beach concurred with the Vice Mayor’s suggestion.
10 Councilmember Beach discussed having live music on Burlingame Avenue in order to activate the space during the street closure.
Mayor Brownrigg asked that the pilot program be agendized for the Council’s review.
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 8:55 p.m.
Respectfully submitted,
/s/
Meaghan Hassel-Shearer
City Clerk