HomeMy WebLinkAboutMin - CC - 2009.08.17 O
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BURLINGAME
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�HGTEO JUNE 6
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of August 17, 2009
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 Ann Keighran called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by John Eaton.
CLOSED SESSION:
CA Guinan advised that Council met in closed session and gave direction to the Labor negotiators with
regard to the Teamsters Local 856 and discussed an interim Police Chief.
There was no further reportable action.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony
COUNCILMEMBERS ABSENT: None
4. MINUTES
Councilwoman Nagel made one correction to the minutes of July 20, 2009 to change the wording on item 6a,
paragraph 3, what other cities charge, to add the word "planning" to charge. Vice Mayor Baylock made a
motion to approve the minutes of the July 20, 2009 regular Council meeting; seconded by Councilman Deal.
The motion was approved unanimously by voice vote, 5-0.
5. PRESENTATIONS
a. PRESENTATION BY SENATOR LELAND YEE CONCERNING THE STATE BUDGET
Senator Yee was unable to attend the meeting.
b. BADGE PINNING FOR SGT. JOHN KIELY AND OATH OF OFFICE FOR OFFICER
MICHAEL MARTYN
COP Van Etten introduced the officers administered the oath of office.
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C. RECOGNITION OF BURLINGAME AS BEST PRACTICES CITY BY ASSOCIATION OF
BAY AREA GOVERNMENTS
FinDir Nava addressed the Council and said the certificate was awarded to the City in recognition of best
practices in the risk management area.
d. INTRODUCE STUDENTS ADRIAN EATON AND CAROLINE SMITH
Mayor Keighran introduced the two students who spent the day with her and visited all the City offices. She
presented each of them with a certificate from the City in recognition of their day.
6. PUBLIC HEARINGS
a. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 4.09
OF THE BURLINGAME MUNICIPAL CODE TO INCREASE THE TRANSIENT
OCCUPANCY TAX (TOT) FROM 10 % TO 12%
FinDir Nava reviewed the staff report and requested Council hold a public hearing and adopt Ordinance No.
1840-2009 to increase the transient occupancy tax from 10% to 12% and add a measure to the November 3,
2009 ballot asking the voters to approve the increase.
FinDir Nava reported that the cities of San Bruno, Millbrae and San Mateo are also planning to have ballot
measures to increase their TOT. Councilwoman Nagel reported that in San Francisco the TOT is 14% and
slightly higher in some districts.
Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was
closed.
Mayor Keighran asked CC Kearney to read the title of the ordinance. Vice Mayor Baylock made a motion to
waive further reading of the ordinance; seconded by Councilwoman Nagel. The motion was approved
unanimously by voice vote, 5-0.
Councilwoman O'Mahony made a motion to approve adoption of Ordinance No.1840 amending chapter 4.09
of the municipal code; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice
vote, 5-0. Mayor Keighran directed CC Kearney to publish a summary of the ordinance within 15 days of
adoption.
7. PUBLIC COMMENTS
There were no public comments.
8. STAFF REPORTS AND COMMUNICATIONS
a. ADOPT A RESOLUTION AMENDING 2009-10 CAPITAL IMPROVEMENTS BUDGET TO
INCLUDE STORM DRAINAGE CAPITAL IMPROVEMENT PROGRAM
DPW Murtuza reviewed the staff report and requested Council approve Resolution No. 73-2009 amending
the FY 2009-10 Capital Improvement Budget to include storm drainage capital improvement program (CIP)
funded by the voter approved storm drain ballot measure.
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Burlingame City Council August 17,2009
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DPW Murtuza gave an update on what has taken place since the ballot measure passed in May 2009. He said
that since the passage of the ballot measure, staff reviewed and processed several requests for fee
adjustments by property owners. In addition, staff has been working with the County's Assessor's office to
develop the implementation process for the fee collection. The FY 2009-10 storm drain fee revenue is
estimated to be$2,490,000,with$2,460,000 being collected by the County through property taxes, and the
remaining$30,000 through direct billing to utility companies.
Councilwoman O'Mahony made a motion to approve adoption of Resolution No. 73-2009 amending the
Capital Improvements Budget; seconded by Vice Mayor Baylock. The motion was approved unanimously by
voice vote, 5-0.
CM Nantell requested that the Council move next to item 8d on the agenda.
d. REVIEW AND APPROVE THE HIGH SPEED RAIL PUBLIC OUTREACH PLAN FOR
THE CITY OF BURLINGAME
DPW Murtuza reviewed the staff report and requested Council approve the high speed rail public outreach
plan. Mayor Keighran confirmed that it was just the outreach plan that was going to be discussed.
DPW Murtuza introduced Michael Garvey who works for HNTB the Engineering firm performing the
environmental impact report for the high speed rail project. Mr. Garvey said the environmental impact
reports are done in an impartial manner and used to evaluate major alternatives for completing a project. He
advised that they had drafted a standard outreach plan on how to meet with residents in each city along the
proposed rail line in order to receive input from them. He said they have met and received input from city
staff and fine tuned the outreach plan to make it uniquely applicable to Burlingame.
Council discussion followed concerning the number of staff devoted to public outreach for the Peninsula and
Mr. Garvey said there is one person per County and he is the San Mateo County contact person. Discussion
continued concerning the number of meetings that will take place with the public directly impacting the
Burlingame portion of the project. Mr. Garvey said they will have a better idea of that at the end of
September after the Planners complete their first report on the alternatives on how the rail could be built.
When asked about a workshop for Burlingame,Mr. Garvey said the scope of work does not provide, nor is it
budgeted,to have workshop in every City. It was noted that the Peninsula Cities Consortium will be having
their meetings in Burlingame beginning September 11, 2009 from 8:30 a.m. to 10:30 a.m.; there is also a
workshop and Teach-In coming up in the evening in Palo Alto; a town hall meeting with Senator Yee and
Assemblyman Hill in Burlingame on Saturday, September 26, 2009 from 2:00 to 4:00 p.m. Burlingame
residents were encouraged to attend all the meetings and the dates and times would be provided on the City
of Burlingame website. Concern was again expressed about design workshops taking place in a more
centralized, convenient location. Council also requested staff try to find a larger location for the September
26 town hall meeting.
b. APPROVAL OF RESPONSE TO THE FINDINGS AND RECOMMENDATIONS OF THE
SAN MATEO COUNTY 2008-2009 CIVIL GRAND JURY REPORT ON REVERSING THE
UPWARD TRAJECTORY OF EMPLOYEE COSTS
CM Nantell reviewed the staff report and recommended that Council approve the response to Findings and
Recommendations of the San Mateo County 2008-2009 Grand Jury Employee Costs Report. He indicated
that the response is due to the Grand Jury by September 3, 2009.
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Burlingame City Council August 17,2009
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CM Nantell reported on the significant steps the City of Burlingame has taken to curtail rising employee
costs such as: the majority of City bargaining groups agreed to waive contractually scheduled 2%to 3%
salary increases in FY 2009-10; for most labor agreements the City has eliminated the practice of tying
salary increases to a particular position in the survey market; at the Department Head level, employees have
begun to contribute 5% to the cost of monthly health care premiums and will continue to discuss this practice
with labor units in future contract negotiations; in order to maximize resources, the City has been a leader in
shared services with other jurisdictions and will continue to explore other options for shared services.
CM Nantell requested support to continue participation in the San Mateo County Municipal Employees
Relations Committee; endorse the goal of moving to a two tier retirement system for new hires; work with
labor units on the possibility of a joint effort at the State level to encourage two tier retirement system; and
return to Council in 2010 with an update.
Council discussion followed and there was unanimous praise for the City Manager for all his effort in
undertaking this issue,providing the leadership, and foreseeing the future. Council requested that the City's
response to the Grand Jury be posted on the website.
Councilwoman O'Mahony made a motion to approve adoption of Resolution No. 74-2009 approving the
City's response to the Grand Jury; seconded by Vice Mayor Baylock. The motion was approved
unanimously by voice vote, 5-0.
C. SUBCOMMITTEE REPORT ON DISCUSSION OF THE ROLE OF THE CIVIL SERVICE
COMMISSION
HRD Dolan reviewed the staff report and reported that on July 20, 2009 the Civil Service Commission met
with the Ad Hoc Subcommittee, Mayor Keighran and Councilwoman O'Mahony and discussed the role,
purpose and value of the Civil Service Commission.
Council discussion followed without consensus. Councilwoman Nagel made a motion to table the item to the
next Council meeting and requested that any interested Civil Service Commissioners present their
recommendations to Council at least a week prior to the meeting so Council can take action at the next
meeting; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0.
e. CONSIDER TWO APPOINTMENTS TO THE PARKS & RECREATION COMMISSION
CM Nantell reviewed the staff report and recommended Council call for applications for the Parks &
Recreation Commission. The application deadline was set for September 21, 2009.
L CONSIDER THREE APPOINTMENTS TO THE BEAUTIFICATION COMMISSION
CM Nantell reviewed the staff report and recommended Council call for applications for Beautification
Commission. The application deadline was set for September 21, 2009.
9. CONSENT CALENDAR
Vice Mayor Baylock requested Item 9f be pulled from the Consent Calendar for further discussion.
Councilman Deal requested Item 9d be pulled for further discussion.
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Burlingame City Council August 17,2009
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Councilwoman Nagel made a motion to approve Items 9a, b, c, e, g, h, i,j and k; seconded by Vice Mayor
Baylock. The motion was approved unanimously by voice vote, 5-0.
a. ADOPT A RESOLUTION ACCEPTING THE MISCELLANEOUS WATER MAIN
REPLACEMENT PROJECT BY NORTH BAY CONSTRUCTION FOR LOS ROBLES AND
FEY DRIVE
DPW Murtuza requested Council adopt Resolution No. 75-2009 accepting improvements for miscellaneous
water main replacement project by North Bay Construction.
b. ADOPT RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH
ERLER& KALINOWSKI, INC. FOR THE FY2009-10 WATER SYSTEM PROGRAM
MANAGEMENT AND MASTER PLAN UPDATE
DPW Murtuza requested Council adopt Resolution No. 76-2009 approving agreement with Erler&
Kalinowski for FY 2009-10 water system program management and master plan update.
C. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO W. R.
FORDE ASSOCIATES FOR THE LA MESA DRIVE WATER MAIN REPLACEMENT
PROJECT
DPW Murtuza requested Council adopt Resolution No. 77-2009 awarding contract to W. R. Forde for
construction contract for La Mesa Drive water main replacement project.
d. ADOPT A RESOLUTION REJECTING ALL BIDS FOR BAYSHORE HIGHWAY
INTERCONNECT PROJECT
Councilman Deal requested that in the future there be a break down in the cost of software. DPW Murtuza
said that for this particular item the software vendor did not inform the contractor that there is an existing
license.
DPW Murtuza requested that Council adopt Resolution No. 78-2009 rejecting all bids for the Bayshore
signal interconnect project.
Councilwoman O'Mahony made a motion to approve adoption of Resolution No. 78-2009 rejecting the bids
for Bayshore Highway Interconnect Project; seconded by Vice Mayor Baylock. The motion was approved
unanimously by voice vote, 5-0.
e. ADOPT A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH
THE WEST BAY INFORMATION SHARING SYSTEM AND AUTHORIZING SIGNATURE
COP Van Etten requested that Council adopt Resolution No. 79-2009 approving an MOU and other law
enforcement agencies in San Francisco and San Mateo Counties to create the West Bay Information Sharing
System.
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Burlingame City Council August 17, 2009
Approved Minutes
L ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER AND HIS DESIGNEE
TO COMMENCE FRANCHISE NEGOTIATIONS WITH RECOLOGY (FORMERLY
NORCAL WASTE SYSTEMS) IN ANTICIPATION OF A NEW TEN YEAR FRANCHISE
AGREEMENT FOR THE COLLECTION OF SOLID WASTE AND RECYCLING
MATERIALS
Vice Mayor Baylock questioned the reason for the 15% increase in the first year. FinDir Nava clarified that
the new service increase would probably be around 9.9% and the additional 5%was to fund the new facility
in San Carlos. FinDir Nava also noted that the recycling would be weekly and would include the green
waste.
FinDir Nava requested Council adopt Resolution No. 80-2009 authorizing the City to commence
negotiations with Recology for a new ten year franchise agreement for the collection of solid waste and
recycled materials within the City.
Vice Mayor Baylock made a motion to approve adoption of Resolution No. 80-2009 approving negotiations
with Recology; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote,
5-0.
g. APPROVE A RESOLUTION AMENDING THE TOLLING AGREEMENT WITH THE
COUNTY OF SAN MATEO REGARDING CITY OF BURLINGAME'S CLAIM FOR TAX
ADMINISTRATION FEE
CA Guinan requested Council approve Resolution No. 81-2009 approving and authorizing the City Manager
to execute an amendment to the Tolling Agreement between the City of Burlingame and the County of San
Mateo regarding the City's claim for return of excess property tax administration. .�
h. APPROVE OUT-OF-STATE TRAVEL
CM Nantell requested that Council approve his travel to the ICMA conference in September 2009.
i. ADOPT A RESOLUTION APPROVING CONVERSION OF CITY PARKING LOT H FROM
FREE PARKING TO PAY PARKING
DPW Murtuza requested Council adopt Resolution No. 82-2009 revising the regulations governing time
limits and charges for City Parking Lot H.
j. APPROVE RESOLUTION AUTHORIZING THE FINANCE DIRECTOR/TREASURER TO
ENTER INTO A RECIPROCAL AGREEMENT WITH THE CALIFORNIA STATE
FRANCHISE TAX BOARD FOR THE PURPOSE OF EXCHANGING AND SHARING
BUSINESS TAX DATA
FinDir Nava requested Council approve Resolution No. 83-2009 approving and authorizing the Finance
Director to execute an agreement with the California State Franchise Tax Board for the purpose of
exchanging and sharing business tax data.
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Burlingame City Council August 17,2009
Approved Minutes
k. WARRANTS AND PAYROLL
FinDir Nava requested approval for payment of Warrants#40961-41408 and Visa payments C1034-C1047
duly audited, in the amount of$4,189,949.78; Payroll checks#174662-174897 in the amount of
$2,803,151.19 for the month of July 2009.
10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Council reported on various events and committee meetings each of them attended on behalf of the City.
11. PUBLIC COMMENTS
Pat Giorni, 1445 Balboa Avenue spoke on several items. There were no further comments from the floor.
12. OLD BUSINESS
13. NEW BUSINES
a. SUPPORT FOR ART MUSEUM ON STATE LANDS
Councilman Deal reported that he is still perfecting the letter and making some phone calls in support of Don
Fisher's art museum on State Lands Council voiced support of this endeavor and acknowledged it would
greatly benefit Burlingame.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Civil Service, May 18, 2009; Library, June 16, 2009; Parks &Recreation,
June 18, 2009 &July monthly report; Planning, July 27, 2009
b. Department Reports: Police, June 2009; Finance, June &July 2009
c. Letter from Comcast concerning programming adjustments
d. Draft MOU between California High Speed Rail Authority and Peninsula Cities Consortium
15. ADJOURNMENT
Mayor Keighran adjourned the meeting at 9:57 p.m. in memory of Don Chang's father, Shou-Thai Chang.
Respectfully submitted,
1 r/
Mary Ellen Kearney
City Clerk
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Burlingame City Council August 17,2009
Approved Minutes