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HomeMy WebLinkAboutAgenda Packet - CC - 2013.11.04 1 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 C I T Y C O U N C I L M E E T I N G A G E N D A Monday, November 4, 2013 CLOSED SESSION – 6:00 p.m. – Conference Room A a. Approval of the Closed Session Agenda (Government Code §54957.6(a)) b. Closed Session Community Forum Members of the public may address the Council on any item on the Closed Session Agenda at this time. c. Adjournment into Closed Session d. Conference with Labor negotiators pursuant to Government Code §54957.6(a) City Negotiators: Deirdre Dolan, Lisa Goldman, Glenn Berkheimer and Stacy Cue (IEDA), Employee Organizations: Police Officers Association, Association of Police Administrators e. Conference with Legal Counsel - Existing Litigation - Gov. Code 54956.9(a); ExteNet Systems v. City of Burlingame f. Conference with Legal Counsel - Existing Litigation - Gov. Code 54956.9(a); Retzer v. City of Burlingame, et. al. CIV 524443 Note: Public comment is permitted on all action items as noted on the agenda below and in the Non- Agenda Public Comment provided for in item 7. 1. CALL TO ORDER – 7:00 p.m. – Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 2 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. 5. UPCOMING EVENTS 6. PRESENTATION a. Fire Poster Contest Winners 7. PUBLIC COMMENTS, NON-AGENDA - Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council’s consideration of the consent calendar. a. Approve City Council Meeting Minutes of October 21, 2013 b. Adoption of an Ordinance Amending Title 1 of the Burlingame Municipal Code to Add a Chapter 1.14, Administrative Remedies c. Adoption of an Ordinance for 2-Hour Parking Restriction on the 1200 Blocks of Capuchino Avenue and Paloma Avenue d. Authorize the City Manager to Execute a Consultant Services Contract with Metropolitan Planning Group (M-Group) for Preparation of the Housing Element Update for the 2014-2022 Planning Period e. Approve Addition to the Tree Pruning and Stump Grinding Contract with Bay Area Tree Specialists f. Authorize Funding 50% of the Cost of a New Crossing Guard at the Intersection of Trousdale and Quesada as Requested by the Burlingame School District g. Adoption of a Resolution Approving Revisions to the Administrative Procedures for Appointments to City Commissions and Boards 9. PUBLIC HEARINGS (Public Comment) a. Introduction of an Ordinance Amending Title 6 of the Burlingame Municipal Code to Revise Registration, Inspection, and Enforcement Regulations for Massage Establishments and Practitioners b. Public Hearing to Introduce an Ordinance for 2-Hour Parking Restriction on the 1500 Block of Newlands Avenue 3 Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office Counter at City Hall located at 501 Primrose Road during normal business hours. 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Consider Appointment to the Beautification Commission b. Consider Appointments to the Parks & Recreation Commission c. Open Nomination Period to Fill Vacancy on the San Mateo County Mosquito & Vector Control District Board of Trustees 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Department Reports: Finance, September 30, 2013 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk’s office, City Hall, 501 Primrose Road, from 8:00 a.m. to 5:00 p.m. before the meeting and at the meeting. Visit the City’s website at www.burlingame.org. Agendas and minutes are available at this site. NEXT REGULAR CITY COUNCIL MEETING – MONDAY, NOVEMBER 18, 2013 VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG – GO TO “CITY COUNCIL VIDEOS” Burlingame City Council October 21, 2013 Unapproved Minutes 1 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of October 21, 2013 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Keighran called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Margaret Glomstad. 3. ROLL CALL MEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that the Council met in closed session and gave direction. There was no reportable action at this time. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. PRESENTATION BY SAMTRANS ON A RAPID TRANSIT STUDY Barrow Emerson, SamTrans Principal Planner, gave a presentation on an El Camino Real Bus Rapid Transit Phasing Study that SamTrans is proposing. Mr. Emerson also advised of two upcoming workshops taking place in November in San Carlos and South San Francisco. b. PROMOTIONAL VIDEO FOR BURLINGAME AND BROADWAY AVENUES Economic Development Specialist Leslie Parks presented the promotional video that was prepared by Electrify Media and 12 Point Productions highlighting Burlingame’s downtown areas. She advised that due to the streetscape project on Burlingame Avenue, the footage for Burlingame Avenue was primarily the interior of the businesses. Ms. Parks said when the streetscape project is completed, Electrify Media will again film Burlingame Avenue and include that footage in the video. Burlingame City Council October 21, 2013 Unapproved Minutes 2 7. PUBLIC COMMENTS Burlingame resident Russ Cohen complimented the City Council on the Streetscape project and spoke about High Speed Rail. There were no further comments from the floor. 8. CONSENT CALENDAR Councilwoman Baylock made a motion to approve the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Brownrigg commented that item 8d was a good, solid agreement that helps the schools and helps the City and he thanked the School District and the School Liaison Committee. a. APPROVE CITY COUNCIL MEETING MINUTES OF OCTOBER 7, 2013 CC Kearney requested Council approve the City Council meeting minutes of October 7, 2013. b. ADOPTION OF AN ORDINANCE AMENDING TITLE 3 OF THE BURLINGAME MUNICIPAL CODE TO ADJUST SIGNATURE AND SETTLEMENT AUTHORITY FOR THE CITY MANAGER AND THE CITY ATTORNEY CA Kane requested Council adopt Ordinance No. 1890 amending Title 3 of the Municipal Code, Chapters 3.04 City Manager and 3.05 City Attorney, to confer contracting signature authority on the City Manager for all City contracts under $100,000 and the City Attorney for retention of outside Legal Counsel and to provide for limited settlement authority exercisable by the City Attorney and City Manager. c. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING CHAPTER 10 (FIREWORKS) OF THE BURLINGAME MUNICIPAL CODE Fire Inspector Reed requested Council adopt Ordinance No. 1891 amending Title 10 (Fireworks) of the Municipal Code. d. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR JOINT USE, MAINTENANCE, OPERATION, AND FOR MAINTAINING A STRONG COLLABORATIVE RELATIONSHIP BETWEEN THE CITY OF BURLINGAME AND THE BURLINGAME SCHOOL DISTRICT P&RD Glomstad requested Council adopt Resolution No. 86-2013 authorizing the City Manager to execute the agreement for joint use, maintenance, operation, and for maintaining a strong collaborative relationship between the City of Burlingame and the Burlingame School District. 9. PUBLIC HEARINGS a. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 1 OF THE BURLINGAME MUNICIPAL CODE TO ADD A CHAPTER 1.14, ADMINISTRATIVE REMEDIES CA Kane reviewed the staff report and advised that the proposed Ordinance would enhance the City’s code enforcement options by creating additional mechanisms to secure compliance, providing for monetary penalties and enforcement orders following an administrative procedure. CA Kane further advised that initial enforcement under the proposed ordinance is de-centralized, allowing those City officials in charge of Burlingame City Council October 21, 2013 Unapproved Minutes 3 enforcement of various aspects of the Municipal Code to address those areas for which they are responsible. Ms. Kane said she remains responsible for coordinating these efforts, and enforcement must be with her advice and consent. Council questioned the number of days for violators to comply and CA Kane said 10 days unless circumstances warranted additional time. Council also asked about the size of signs that some businesses are starting to use, CA Kane advised that the proposed Ordinance allows that fines can be imposed when the violator has been cited and complies, but two weeks later is out of compliance. Council also questioned the process to determine who is fined and who is not. CA Kane said that is the reason it is coordinated through the City Attorney’s office and there will be internal coordination between the City Manager and Department Heads to be certain that the process is responsible, careful and fair. Vice Mayor Brownrigg suggested that the City consider setting up a “whistle blower” call center so citizens would have the ability to anonymously report what they might feel is unfair. CA Kane agreed and said citizens should be encouraged to anonymously report unfair treatment to the City Manager. Councilmembers all agreed that consistency and enforcement is vital to the success of the Ordinance. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Councilwoman Baylock made a motion to waive further reading of the Ordinance; seconded by Vice Mayor Brownrigg. The motion was approved by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the Ordinance amending Title 1of the Municipal Code, to add Chapter 1.14, Administrative Remedies; seconded by Vice Mayor Brownrigg. The motion was approved by voice vote, 5-0. Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. b. PUBLIC HEARING TO INTRODUCE AN ORDINANCE FOR A TWO HOUR PARKING RESTRICTION ON THE 1200 BLOCKS OF CAPUCHINO AND PALOMA AVENUES Councilman Deal recused himself from this item since he lives on Paloma Avenue. Councilman Deal left the Chambers. DPW Murtuza reviewed the staff report and advised that the City received requests from the residents of the 1200 blocks of Capuchino and Paloma requesting parking restrictions due to the increased long term on street parking by employees in the Broadway commercial area. He further advised that the Traffic, Safety and Parking Commission reviewed the request at their meeting and unanimously voted to support implementation of 2-hour parking restrictions along the entire 1200 blocks of both Capuchino Avenue and Paloma Avenue. Council asked about permits for the residents and DPW Murtuza said permits would be available for $50.00 a year. Councilwoman Baylock requested that the notice indicate that the $50.00 a year covers two tags so a resident could give a tag to a friend who might be visiting. Council also requested that the Broadway Business Improvement District advise the businesses since the employees park on those two streets. Burlingame City Council October 21, 2013 Unapproved Minutes 4 Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Vice Mayor Brownrigg made a motion to waive further reading and introduce the proposed Ordinance for a two-hour parking restriction on the 1200 blocks of Capuchino and Paloma Avenues; seconded by Councilwoman Baylock. The motion was approved by voice vote, 4-0-1 (Deal recused). Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. Councilman Deal returned to the Chambers. 10. STAFF REPORTS AND COMMUNICATIONS a. EXTENSION OF THE TRAFFIC, SAFETY & PARKING COMMISSION APPLICATION DEADLINE CM Goldman requested Council consider extending the October 11, 2013 Traffic, Safety and Parking Commission application deadline in the hopes that more applications will be received. Council agreed with the recommended extension date of November 15, 2013. Mayor Keighran opened the item for comments. There were no comments from the floor, and the item was closed. b. POSSIBLE COMMUNICATION WITH U. S. REPRESENTATIVE JACKIE SPEIER re: CEQA PREEMPTION FOR HIGH SPEED RAIL CA Kane reviewed the staff report and recommended that Council consider whether it wished to authorize the Mayor to send a letter requesting the assistance of U. S. Representative Jackie Speier in clarifying the scope of the Surface Transportation Board’s authority over the California High Speed Rail. CA Kane advised that the decision to ask for assistance from Congresswoman Speier came about when Council determined not to seek amicus participation the case of Town of Atherton, et. al., v. California High Speed Rail Authority, but agreed that it wished to state its opposition to CEQA preemption for the High Speed Rail project. Mayor Keighran opened the item for public comment. There were no comments from the floor, and the item was closed. There was brief Council discussion and the Council all agreed to authorize the Mayor to sign the letter, as edited by Vice Mayor Brownrigg. Council also agreed to meet with Congresswoman Speier and/or her staff, as suggested by Councilman Deal. Mayor Keighran asked if anyone wanted to meet with Congresswoman Speier’s staff to discuss the CEQA preemption and Councilman Deal and Vice Mayor Brownrigg volunteered. Burlingame City Council October 21, 2013 Unapproved Minutes 5 c. APPROVAL FOR COUNCILMEMBER NAGEL TO REPRESENT THE CITY OF BURLINGAME AT A SENATE SUBCOMMITTEE ON GAS AND ELECTRIC INFRASTRUCTURE SAFETY HEARING CM Goldman reviewed the staff report and advised that Councilwoman Nagel was asked by Senator Jerry Hill to participate in a Senate Subcommittee entitled “Improving Safety Communication Among Cities, Energy Utilities, and the California Public Utilities Commission” being held on Monday, October 28, 2013 in San Carlos. Mayor Keighran opened the item for public comments. There were no comments from the floor, and the item was closed. There was brief Council discussion and the Councilmembers all were in agreement that Councilmember Nagel attend the meeting on behalf of Burlingame. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, July 16 & September 17, 2013; Traffic, Safety and Parking, September 12, 2013; Parks & Recreation, September 19, 2013; Planning, September 9 & 23, 2013 b. Department Reports: Building, September 2013; Fire, Quarterly Report, July – September 2013 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 8:31 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk