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HomeMy WebLinkAboutMin - CC - 2009.07.20 CITY G ---� BURUNGAME o om 9 �N11T[G JUNE 6• BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of July 20, 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. CLOSED SESSION: CA Guinan advised that Council met in closed session with Labor negotiators, gave direction to the Labor negotiators, and were updated on the status of labor negotiations on the following: City Negotiators: Deirdre Dolan, Jim Nantell, Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented There was no further reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Ross Bruce. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Mayor Keighran said she would abstain from voting since she was not present at the meeting. Councilwoman Nagel questioned the wording at the bottom of page 2, Climate Action Plan item, that it should read: "may be changes" not"will be changes". Vice Mayor Baylock questioned the wording of the motion on page 3, Block Party Permits item, if the fee was to be waived or rebated. Council requested CC Kearney clarify what was said. Councilwoman O'Mahony made a motion to approve the minutes of the June 15, 2009 regular Council meeting; seconded by Councilwoman Nagel. The motion was approved by voice vote, 4-0-1 (Keighran abstained). 1 Burlingame City Council July 20,2009 Approved Minutes 5. PRESENTATIONS a. PROCLAMATIONS RECOGNIZING GREEN RIBBON TASK FORCE MEMBERS Mayor Keighran presented Proclamations to the Green Ribbon Task Force Members and thanked them for their time and effort in preparing the Climate Action Plan. b. RECOGNITION OF BAY RESCUERS Mayor Keighran recognized Jason Marszalec and Jason Raddatz and thanked them for getting involved and safely assisting in the rescue of a vehicle that went into the Bay on June 15, 2009. 6. PUBLIC HEARINGS a. PUBLIC HEARING AND INTRODUCTION OF 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 introduce an Ordinance amending section 4.09.025 of chapter 4.09 of the Municipal Code to increase the transient occupancy tax rate from 10% to 12% on the rent charged by operators to hotel guests within the City. The proposed increase would add a measure to the November 3 , 2009 ballot asking city voters to increase the tax. The ballot measure is needed to help generate additional revenues to assist the city in meeting its current and future obligations. Those include funding for general city services and infrastructure maintenance and improvements, including the reconstruction of Hwy 101 and Broadway interchange. It was noted that the tax increase is comparable to what other cities are planning to charge, and has not been increased since 1991 . Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. Mayor Keighran requested CC Kearney read the title of the proposed ordinance amending section 4.09.025 of Chapter 4.09 of the Burlingame Municipal Code to increase the transient occupancy tax from 10% to 12% on the rent charged by operators to hotel guests within the City. Councilwoman Nagel made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman O'Mahony made a motion to introduce the proposed ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. 7. PUBLIC COMMENTS Mayor Keighran opened the public comments. 2 Burlingame City Council July 20, 2009 Approved Minutes The following citizens spoke: Martin Alexander, 1020 Capuchino Avenue, spoke about an incident with a Burlingame Police Officer on Saturday, July 18, 2009. Eva Alexander, 1020 Capuchino Avenue, spoke about the same incident. John Root, 728 Crossway Road, spoke about the passing of former Councilmember and Mayor, Don Lembi. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. APPROVAL OF THE URBAN FOREST MANAGEMENT PLAN UPDATE P&RD Skeels reviewed the staff report and requested Council approve the updates to the Urban Forest Management Plan that was adopted on August 20, 2007. He advised Council that the Beautification Commission had approved the updates and the only addition to the plan was the width of the planter strips. Council discussion followed concerning publicizing the plan and making residents aware of the City' s regulations concerning tree removals and care of trees on private property; the themed trees program; the pruning of trees by utility companies; root barriers. Council recognized Park Supervisor, Bob Disco for his superb knowledge of all the trees in the City. Councilwoman Nagel made a motion to approve the Urban Forest Management Plan Update ; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. b. APPROVAL OF BROADWAY MERCHANTS MOVIE NIGHT Ross Bruce of the Broadway Business Improvement District addressed the Council and requested approval .-� to have an outdoor movie night on Capuchino Avenue from 8 :30 p.m. to 10:00 p.m. on August 19, 2009. Councilwoman O'Mahony made a motion to approve the request; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. C. CONSIDER APPOINTMENT TO LIBRARY BOARD OF TRUSTEES Council discussed the various attributes of all commission candidates. Each Councilmember voted for two applicants to fill the vacancy to a three year term, ending in June 2012. Of the six candidates, Elizabeth Corcoran received the majority vote of the Council. Mayor Keighran made a motion to appoint Elizabeth Corcoran to the Library Board; seconded by Councilman Deal . The motion was approved unanimously by voice vote, 5-0. d. FACILITY FEE WAIVERS FOR NEIGHBORHOOD GROUP MEETINGS CM Nantell reviewed the staff report and requested Council concur with Council Subcommittee on Civic Engagement to waive meeting room rental fees for neighborhood groups when meeting for the purpose of community building, provided additional staff costs are not involved. The type of meetings would be for the purpose of organizing a neighborhood in planning activities to enhance emergency preparedness and crime prevention and to promote networking among neighbors for the purpose of community awareness and familiarity. 3 Burlingame City Council July 20, 2009 Approved Minutes CM Nantell advised that Conference Room A in City Hall is available until 9:00 or 9:30 p.m. during the week since the custodians are in the building until that time. He agreed to report back to Council if the use of the rooms becomes problematic or there is too much demand by one group that results in a room being booked all the time. Vice Mayor Baylock made a motion to waive the facility fee for neighborhood group meetings ; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. e. APPOINTMENT OF COUNCIL SUB-COMMITTEES TO PREPARE BALLOT ARGUMENTS CM Nantell reviewed the staff report and recommended the Mayor authorize Council Subcommittee(s) to prepare ballot arguments for the TOT increase and the appointed City Clerk measures. CA Guinan explained the process and procedures concerning preparing ballot arguments. Mayor Keighran authorized Councilman Deal and Councilwoman Nagel to write both arguments in favor of the TOT increase measure and the appointed City Clerk measure. Mayor Keighran authorized Vice Mayor Baylock to write the argument in opposition to the appointed City Clerk measure. All Council Members were in agreement. 9. CONSENT CALENDAR Mayor Keighran requested that item 9b be pulled and Vice Mayor Baylock requested that 9a be pulled from the Consent Calendar for further discussion. Councilwoman O'Mahony made a motion to approve Items 9c, d, e, f, and g of the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION GRANTING APPROVAL TO ENTER INTO AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH PBS&J TO PERFORM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE SAFEWAY PROJECT CDD Meeker requested Council adopt Resolution No. 70-2009 granting approval to enter into an amendment to a professional services agreement with PBS&J to perform environmental review services related to the Safeway project. Vice Mayor Baylock referred to the scope of work, visual analysis section, of the report and requested that the consultant look at the view from Howard Avenue looking west toward the hills. She also referred to the cultural resources section, and requested that the former Wells Fargo Bank building be analyzed, since it is a secondary historic structure on the site. Vice Mayor Baylock made a motion to approve item 9a; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. b. APPROVAL OF FY 09-10 COMMUNITY GROUPS FUNDING REQUESTS FinDir Nava requested Council adopt the FY 09- 10 Community Groups Funding requests. 4 Burlingame City Council July 20, 2009 Approved Minutes Mayor Keighran noted that since she has been appointed to the board of CORA, she refrained from making a recommended amount for that group so as to avoid a perception of conflict of interest. Vice Mayor Baylock serves on the Board of the Burlingame Historical Society and reallocated her recommended amount for the Historical Society with half going to Call Primrose and half going to Samaritan House. Mayor Keighran made a motion to approve item 9b noting that she would recuse herself from voting on the approval of the funding request for Community Overcoming Relationship Abuse and Vice Mayor Baylock would recuse herself from voting on the approval of the Burlingame Historical Society funding request, but will be redistributing her recommended amount; seconded by Vice Mayor Baylock. The motion was approved unanimously by voice vote, 5-0. CA Guinan advised that he would provide further guidance on the process of voting for Council Members who serve on advisory boards. C. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO GALLAGHER & BURK, INC, FOR THE 2009 FEDERAL ARRA GRANT STREET RESURFACING PROJECT DPW Murtuza requested Council adopt Resolution No. 71 -2009 awarding a construction contract for the 2009 Federal ARRA Grant street resurfacing project to Gallagher & Burk, Inc. d. APPROVAL OF ATTENDANCE BY PUBLIC WORKS MANAGEMENT ANALYST AT A CONFERENCE IN KANSAS CITY DPW Murtuza requested Council approve out of state travel for Gordon Gottsche to attend the 2009 GBA Master Series User Development Conference in Kansas City, Missouri. e. APPROVAL FOR TWO POLICE DEPARTMENT PERSONNEL TO ATTEND A REDFLEX TRAFFIC SYSTEMS PHOTO ENFORCEMENT OPERATION AND MANAGEMENT TRAINING CLASS IN PHOENIX, ARIZONA COP VanEtten requested Council approve out-of-state travel for Traffic Sergeant Don Shepley and Officer Charles Witt to attend the training. L APPROVAL OF A FRANCHISE AGREEMENT BETWEEN THE SBWMA AND THE CITY OF SAN CARLOS RELATED TO THE SHOREWAY RECYCLING AND DISPOSAL CENTER FinDir Nava requested Council approve Resolution No. 72 ratifying the agreement between South Bayside Waste Management Authority and the City of San Carlos for payment of a 5% franchise fee to the City of San Carlos. g. WARRANTS & PAYROLL FinDir Nava requested approval for payment of Warrants #40350-40960 and Visa payments C1006-C1033 duly audited, in the amount of $2,697,663 . 18; Payroll checks # 174454- 174661 in the amount of $2,751 ,315.53 for the month of June 2009. 9. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 5 Burlingame City Council July 20, 2009 Approved Minutes 10. PUBLIC COMMENTS There were no comments. 11. OLD BUSINESS a. DISCUSSION OF AB 289 — PROPOSED CEQA EXEMPTION FOR HIGH SPEED RAIL GRADE SEPARATION PROJECTS Councilman Deal said the discussion during the meeting with Assemblyman Hill was somewhat vague and a representative from high speed rail was going to follow up. CA Guinan said his interpretation of AB 289, and the interpretation of other attorneys he consulted, is that grade separation projects would be exempt from CEQA review. Council discussed having a town hall type meeting to discuss the high speed rail project and invite representatives of the high speed rail authority, as well as, Congresswoman Jackie Speier, Senator Leland Yee and Assemblyman Jerry Hill. 12. NEW BUSINESS Councilwoman Nagel advised that the Peninsula Humane Society was not chosen as a viable site for the replacement jail; making the Safeway renderings more accessible on the City's website; and possibly having a shredding day for the public to dispose of documents in conjunction with the next electronic recycling day. Councilman Deal discussed the eight acres owned by the State Lands Commission as a possible site for Don Fisher's contemporary art collection. He asked for Council direction on starting a letter writing campaign in support of this. CA Guinan advised that it could be placed on the agenda for a future meeting. 13. ACKNOWLEDGMENTS a. Commission Minutes: Library, May 12, 2009; Planning, June 22 & July 13, 2009 b. Department Reports: Police, May 2009; Building, June 2009 C. Letter from Comcast concerning programming adjustment 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:20 p.m.in memory of Olive Offield, mother of Duffy Offield and long time resident of Burlingame and former two-time Mayor and Councilman Don Lembi. Respectfully submitted, A / Mary Ellen Kearney City Clerk 6 Burlingame City Council July 20, 2009 Approved Minutes