HomeMy WebLinkAboutAgenda Packet - CC - 2013.09.16
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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, September 16, 2013
STUDY SESSION - 6:00 p.m. – Conference Room A
a. Risk Management Report
CLOSED SESSION – 6:30 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 Legal Counsel- (Government Code §54956.9)– Potential Litigation – Possible
Amicus Participation in Town of Atherton, et al., v. California High Speed Rail Authority, Cal. Ct.
App. 3d Dist. No. C070877
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
5. UPCOMING EVENTS
6. PRESENTATION
a. Online Voter Registration Proclamation
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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.
7. PUBLIC COMMENTS, NON-AGENDA - Members of the public may speak about any item not on the
agenda. 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
a. Approve City Council Meeting Minutes of September 3, 2013
b. Adoption of a Resolution Approving the California Employers’ Retiree Benefit Trust Program
(CERBT) Agreement and Election to Prefund Retiree Medical Benefits, Delegating to the City
Manager and the Finance Director Authority to Request Disbursements from the Trust and Take
Whatever Additional Actions are Required to Administer the City’s CERBT Plan; Approval of
the Certification of the Program Funding Policy; and Approval of a Transfer of $6.6 million to
CalPERS to Establish the Trust Benefits
c. Adopt a Resolution Awarding Construction Contract to D&D Pipelines, Inc. for the
Neighborhood Storm Drainage Improvements Project, No. 6, and Authorizing the City Manager
to Execute a Construction Agreement
9. PUBLIC HEARINGS
a. Public hearing and adoption of the Downtown Burlingame Avenue Business Improvement
District Assessments for Fiscal Year 2013-2014
b. Public Hearing to Introduce an Ordinance for a Two-Hour Parking Restriction on the 1600 Block
of Howard Avenue
c. Public Hearing to Introduce an Amendment to Chapter 12.23 of the Municipal Code to Revise
Standards for the Placement and Maintenance of Newsracks in Public Rights-of-Way
d. (i) Introduction of an Ordinance to Amend Title 17 of the Burlingame Municipal Code and
Adoption by Reference of the 2013 California Fire Code (Title 24, Part 9, CFC) and the 2012
Edition of the International Fire Code; and (ii) Introduction of an Ordinance to Amend Title 18 of
Municipal Code to Adopt the 2013 California Building Codes with Local Amendments
10. STAFF REPORTS AND COMMUNICATIONS
a. Adoption of a Resolution Accepting California Office of Traffic Safety Driving Under the
Influence (DUI) Mini Grant
b. Authorize the Mayor to Sign a Letter on Behalf of the City of Burlingame Agreeing to Accept
Responsibility for Monitoring and Enforcement of the Preservation Covenant to be Recorded at
the Time of Sale of the Downtown Burlingame Post Office, Located at 220 Park Road
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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.
c. Adoption of a Resolution Approving the City’s Response to the 2013 Grand Jury Report Entitled,
“San Mateo County Special Districts: Who is Really in Charge of the Taxpayer’s Money? The
Mosquito District Embezzlement: Is it the Tip of the Iceberg?”
d. Possible Amicus Participation in Town of Atherton, et al., v. California High Speed Rail
Authority, Cal. Ct. App. 3d Dist. No. C070877
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: Building, August 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, OCTOBER 7, 2013
VIEW REGULAR COUNCIL MEETINGS ONLINE AT WWW.BURLINGAME.ORG – GO TO
“CITY COUNCIL VIDEOS”
Burlingame City Council September 3, 2013
Unapproved Minutes
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of September 3, 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 David Bowlby.
3. ROLL CALL
MEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
CA Kane advised that item e of the Closed Session was not discussed and Council would adjourn to Closed
Session after the meeting to review that item. CA Kane also advised that there was significant discussion of
item d concerning the possible amicus participation in Town of Atherton, et al. Council gave direction to
staff to do further investigation, as to certain factual and legal issues, and would like to review the amicus
brief before making a decision on whether to join.
5. UPCOMING EVENTS
Mayor Keighran reviewed the upcoming events taking place in the City.
6. PRESENTATION
There were no presentations.
7. PUBLIC COMMENTS
James Counts spoke about the Mosquito Abatement and Vector Control District; Nawied Amin spoke about
the City’s website and suggested the City consider having a mascot. Burlingame resident John Root
requested removal of two items from the Agenda’s Consent Calendar. Burlingame resident Pat Giorni spoke
about the amicus Closed Session and the Mosquito Abatement and Vector Control District. There were no
further comments from the floor.
Burlingame City Council September 3, 2013
Unapproved Minutes
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8. CONSENT CALENDAR
Mayor Keighran removed items 8c and 8e for further discussion. Councilwoman Baylock requested item 8a
be removed for some corrections.
Councilwoman Baylock made a motion to approve items 8b and 8d; seconded by Councilman Deal. The
motion was approved unanimously by voice vote, 5-0.
a. APPROVE THE JULY 1 & AUGUST 19, 2013 CITY COUNCIL MEETING MINUTES
Councilwoman Baylock and Vice Mayor Brownrigg made corrections to the July 1, 2013 Council meeting
minutes.
Councilwoman Nagel made a motion to approve the amended July 1, 2013 minutes; seconded by
Councilman Deal. The motion was approved unanimously by voice vote, 5-0.
Vice Mayor Brownrigg made a motion to approve the August 19, 2013 minutes; seconded by Councilwoman
Baylock. The motion was approved unanimously by voice vote, 5-0.
b. ADOPTION OF A RESOLUTION APPOINTING A REPRESENTATIVE AND AN
ALTERNATE FOR THE ABAG PLAN BOARD OF DIRECTORS
CA Kane requested Council adopt Resolution No. 78-2013 appointing herself as the City’s representative
and FinDir Carol Augustine as the alternate.
c. ADOPTION OF A RESOLUTION SUPPORTING THE BROADWAY GRADE
SEPARATION PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
SUBMIT AN APPLICATION FOR MEASURE A FUNDING TO COMPLETE A
BROADWAY GRADE SEPARATION PROJECT STUDY REPORT
Burlingame resident John Root requested that this item be removed from the Consent Calendar.
DPW Murtuza reviewed the staff report and requested Council authorize him to submit an application for
Measure A funding to complete a Broadway Grade Separation Project Study Report (PSR). He said this is
the first step in a long process to upgrade the railroad. He advised that the cost for Burlingame to perform a
preliminary engineering, environmental documentation, and final engineering design the cost is estimated to
be $1 million. If the City’s grant application is successful, it will receive the money entirely from Measure A,
a half-cent transportation tax. He further advised that the cost of the overall grade separation project depends
on what the study reveals and it should take 12 to 18 months.
Mayor Keighran opened the item for public comment and Burlingame resident Pat Giorni spoke.
Councilmembers agreed that this is a critical project and a very good initiative. They assured residents that
there would be community meetings for potential options for the grade separation project.
Vice Mayor Brownrigg made a motion to adopt Resolution No. 79-2013 supporting the Broadway Grade
Separation Project and authorizing Public Works Director to submit an application for Measure A funding to
complete a Broadway Grade Separation study report; seconded by Councilman Deal. The motion was
approved unanimously by voice vote, 5-0.
Burlingame City Council September 3, 2013
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d. ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH DREILLING TERRONES
ARCHITECTURE, INC, FOR THE CONSTRUCTION DOCUMENTS AND PROJECT
MANAGEMENT OF VILLAGE PARK RESTROOMS REPLACEMENT PROJECT
P&RD Glomstad requested Council adopt Resolution No. 80-2013 authorizing the Mayor to execute an
agreement for professional services for the Village Park Restroom Replacement Project.
e. AUTHORIZATION FOR THE MAYOR TO SEND A LETTER TO THE DISTRICT LINES
ADVISORY COMMITTEE EXPRESSING THE CITY’S CONCERN ABOUT THE
“BURLINGAME SPLIT” DRAFT SUPERVISORIAL MAP
CM Goldman reviewed the staff report and advised that in November 2012 San Mateo County voters
changed the County Charter to provide that County Supervisors may only be elected by voters within the
district in which they live. She further advised that this change resulted in the County Board of Supervisors
appointing a nine-member District Lines Advisory Committee to hear public comment, study current and
potential boundaries, and recommend possible adjustments to the supervisorial districts.
CM Goldman advised that under the “Burlingame Split Draft” map, a significant portion of Burlingame
would be carved out of District 1, which presently includes Burlingame, Millbrae and San Bruno and
allocating a portion of the population to District 3, which covers the Coastside and portions of southern San
Mateo County including San Carlos, Belmont, Atherton, Woodside and Portola Valley.
Mayor Keighran called for public comments and Burlingame resident John Root spoke on the item.
CM Goldman requested Council review, and provide input, to the draft letter to the District Lines Advisory
Committee. Council discussion followed and all the Councilmembers strongly disagreed with moving to
District 3 since Burlingame’s commonality remains with District 1.
They requested that the letter address the fact the Burlingame shares a fire department with Hillsborough,
and our public high school students are in the same district as those from Hillsborough, San Mateo, Millbrae,
and San Bruno. They also requested that the letter address the fact that it would be difficult for a Supervisor
serving the Coastside District to fairly and effectively represent the residents of Burlingame. The Council
clearly wanted the letter to stress that no Supervisor should be redistricted out of his or her existing District,
that Burlingame residents are well served by their elected Supervisor, and Burlingame should not be
sacrificed when there are other maps available that accomplish the goals of redistricting without splitting the
Burlingame community.
Vice Mayor Brownrigg made a motion to give Mayor Keighran the authority to sign a letter, that she and
CM Goldman work out, to the District Lines Advisory Committee; seconded by Councilwoman Baylock.
The motion was approved unanimously by voice vote, 5-0.
9. PUBLIC HEARING
There were no public hearings.
Burlingame City Council September 3, 2013
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10. STAFF REPORTS AND COMMUNICATIONS
a. CALL FOR APPLICATIONS FOR ONE IMPENDING VACANCY TO THE TRAFFIC,
SAFETY & PARKING COMMISSION
CM Goldman requested Council call for applications for one impending vacancy on the Traffic, Safety and
Parking Commission. CM Goldman advised that incumbent Caroline Serrato has decided not to seek
reappointment to the Commission when her term expires in November.
Mayor Keighran opened the item for public comment, and there were no comments.
Council all agreed that Caroline Serrato has been a valuable asset to the Commission and her humor and
judgment will be missed.
Council agreed to call for applications to the Traffic, Safety and Parking Commission by October 11, 2013.
b. STATUS UPDATE – SUNRISE ASSISTED LIVING FACILITY LOCATED AT 1818
TROUSDALE DRIVE
CDD Meeker reviewed the staff report and gave background information about the project including
extension of permits. He also spoke about the neighborhood meeting on August 21, 2013 with
representatives from Sunrise explaining the project delays. CDD Meeker advised that Sunrise will establish a
website providing updates.
David Bowlby, Public Relations Consultant for Sunrise thanked the City Council and staff and said the
company is making a commitment to work with the City.
Ellen Berkowitz, an attorney representing Sunrise, gave a recap of the August 21, 2013 neighborhood
meeting and advised that since that meeting, the Company has received financing proposals from lenders and
a deal is very close. She said Sunrise is evaluating proposals and should make a decision in the next couple
of weeks. Ms. Berkowitz advised that construction would resume once financing is obtained. She also said
Sunrise is prepared to provide monthly reports to the Council.
Mayor Keighran opened the item for public comment, and Burlingame residents Pat Giorni and Jennifer Mir
spoke on the item. There were no further comments on the item.
Mayor Keighran requested that Sunrise provide a report to the City as soon as they know that financing is in
place. Council also requested the financial status be included in the monthly report. Council also asked when
the website would be up and David Bowlby said he hoped in the next few weeks. Council also questioned
what would happen if funding is not obtained by May when the permit expires. CA Kane advised that the
City would evaluate options at that time and probably the first step would be to brief the Council in closed
sessions to receive direction.
Mayor Keighran said she hopes Sunrise can progress forward since the vacant structure has been a blight to
the community for far too long.
Burlingame City Council September 3, 2013
Unapproved Minutes
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c. AUTHORIZATION TO TRANSFER $6.6 MILLION FROM THE CITY’S GENERAL FUND
OTHER POST-EMPLOYMENT BENEFITS (OPEB RETIREE HEALTH RESERVES TO
THEOPEB INTERNAL SERVICE FUND, AND TO PROCEED WITH ESTABLISHING AN
IRREVOCABLE TRUST ACCOUNT WITH THE CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYTEM (CalPERS) FOR RETIREE MEDICAL BENEFITS
FinDir Augustine gave a very thorough presentation for funding Other Post-Employment Benefits liabilities
for the Retiree Medical Benefits Trust Fund.
FinDir Augustine advised that this is a Council priority and they requested that the City develop a plan for
addressing unfunded liabilities and research an irrevocable trust fund to pre-pay retiree health insurance
premium payments. She further advised that the City did an actuarial study and researched the selection of a
trust. FinDir Augustine said that SST Benefits Consulting was retained to assist the City in conducting a
Request for Proposal (RFP) process for the procurement of OPEB Investment Management and
Administrative Services and Mr. Paul Hackleman of SST Benefits Consulting was present and avail able for
questions.
FinDir Augustine recommended that the City contract with CalPERS to pre-fund its retiree medical benefits.
The California Employers’ Retiree Benefits Trust (CERBT) was established by CalPERS under statutory
authority in 2007 to assist California’s public employers in meeting OPEB obligations. She said the primary
factors that influenced this recommendation are the cost (fees charged) and historical investment
performance.
Council discussion and questions followed and Paul Hackleman of SST Benefits Consultants advised that
only 20 percent of cities in California are in the process of funding the OPEB liability.
Mayor Keighran opened the item for public comment, and Nawied Amin spoke. There were no further
comments on the item.
Council discussion followed and Council was very appreciative of all the efforts by FinDir Augustine and
advised the public that this has been a long process.
Councilwoman Baylock made a motion authorizing the transfer of $6.6 Million from the City’s General
Fund Other Post-Employment Benefits (OPEB) Retiree Health Reserve to the OPEB Internal Service Fund,
and to proceed with establishing and Irrevocable Trust Account with the California Public Employees’
Retirement System (CalPERS) for Retiree Medical Benefits; seconded by Councilwoman Nagel. The motion
was approved unanimously by voice vote, 5-0.
Councilman Deal commented that in spite of economic downturns, the City staff and this City Council has
been working on accomplishing this since 2005, and it is not something that can be done overnight. He
advised that City staff has been very cooperative and have made concessions to pay increases and benefit
changes. He further stated that being in a position to contribute $6.6 million into this fund is an amazing
achievement. The Council members all agreed and said that staff and Council should be very proud of the
action being taken on this issue.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings they each attended on behalf of the City.
Burlingame City Council September 3, 2013
Unapproved Minutes
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12. FUTURE AGENDA ITEMS
Vice Mayor Brownrigg commented that there may be a need for discussion and direction about exempting
Burlingame from a proposed San Mateo County-wide storm drain initiative since Burlingame did their own
storm drain assessment in 2009.
Mayor Keighran would like the Traffic, Safety & Parking Commission to review the intersection of Rosedale
Avenue and El Camino Real and determine why there are so many accidents. It was also suggested that there
be increased enforcement since so many children cross there going to school.
13. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, July 8 & July 22, 2013; Beautification, August 1, 2013;
14. ADJOURNMENT
Mayor Keighran adjourned the meeting at 9:07 p.m. in memory of Bob Davidson.
Respectfully submitted,
Mary Ellen Kearney
City Clerk