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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of June 15, 2009
STUDY SESSION
a. CLIMATE ACTION PLAN
Council met with Kathleen Gallagher of CSG Consultants and reviewed the Climate Action Plan.
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. Vice Mayor Cathy Baylock called the meeting to order at 7:06 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Joe LaMariana.
CLOSED SESSION
CA Guinan advised that Council, minus Mayor Keighran, met in closed session and directed staff regarding
the following and stated that there is no further reportable action:
a. Conference with Labor negotiator pursuant to Government Code §54957.6(a):
City Negotiators: Deirdre Dolan, Jim Nantell, Glenn Berkheimer (IEDA)
Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF
2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department
Head/Unrepresented
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Deal, Nagel, O'Mahony
COUNCILMEMBERS ABSENT: Keighran
4. MINUTES
Councilwoman O'Mahony made a correction to item 7c, page 4, the last sentence of paragraph 2, should
read that if the two Council members were unable to attend a meeting, a staff member would only attend the
meeting in a crucial situation. Councilwoman Nagel made a correction to item 8c, page 4, to read made a
motion to approve item 8c, not made a motion to approve the Consent Calendar. Councilwoman O'Mahony
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Burlingame City Council June 15, 2009
Approved Minutes
made a motion to approve the amended minutes of the June 1 , 2009 regular Council meeting; seconded by
Councilman Deal. The motion was approved by voice vote, 4-0- 1 (Keighran absent).
5. PRESENTATION
a. RECOGNITION OF WALK OF FAME RECIPIENTS
Vice Mayor Baylock recognized the following Walk of Fame recipients: the late, Gloria Barton, former City
Councilwoman and Mayor; the late, Carl Reyna, longtime supporter of Burlingame youth sports; and Linda
White of the American Red Cross.
6. PUBLIC COMMENTS
Vice Mayor Baylock announced that anyone wishing to speak about item 7a, the Burlingame Climate Action
Plan, could do so after the staff report was presented and discussed. She opened the public comments.
John Root, 728 Crossway Road spoke on items 7d; 8f; high speed rail and the Grand Jury report. Pat Giorni,
1445 Balboa Avenue spoke on item 8c and bicycle safety. Tim O'Hara, property manager for 1116 Laguna
Avenue spoke about trash being dumped in the alleyway between Laguna and Chula Vista. There were no
further comments from the floor.
7. STAFF REPORTS AND COMMUNICATIONS
a. BURLINGAME CLIMATE ACTION PLAN
CM Nantell introduced Kathleen Gallagher of CSG Consultants who has worked with the Green Ribbon
Task Force and gave an overview of the plan covering in brief the following: Background, purpose and
climate action legislation; Climate Action Plan development milestones; Community Greenhouse Gas
Inventory; Achieving Greenhouse Gas Reduction Target; Program Recommendations in two phases with
phase 1 recommendations being implemented before 2012 and phase 2 recommendations being implemented
from 2012 to 2020; and Implementation, Funding and Next Steps.
Council discussion followed concerning it being an ongoing plan, the difference between composting and
landfill; initial cost of the plan; shared Sustainability Coordinator; landscape efficiency ordinance; energy
audits for residents; solar credits from ABAG; green building program; partnering with PG&E; priority
parking for hybrid cars; commercial recycling disposal; solar savings; construction material recycling;
residential green building points; establish a City Green Team.
Vice Mayor Baylock opened the public comments and the following citizens spoke: Mike McCord, 209
Bloomfield Road; Daniel Matross, 1532 Carol Avenue; Charles Voltz, 725 Vernon Way; Joe LaMariana,
1336 Balboa Avenue; Michael Brownrigg, 1524 Columbus Avenue; Susan Castner-Paine, 728 Concord
Way; Denise Divickson, 209 Bloomfield Road.
Councilman Deal made a motion to approve the Climate Action Plan with the understanding that there's
going be changes and a lot more discussion about the individual components; seconded by Councilwoman
O'Mahony. The motion was approved by voice vote 4-0- 1 (Keighran absent).
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b. RESOLUTION APPROVING SBWMA REVISED FINANCING PLAN FOR THE
SHOREWAY ENVIRONMENTAL CENTER, AUTHORIZING THE ISSUANCE OF $55.32
MILLION IN SOLID WASTE ENTERPRISE REVENUE BONDS AND AUTHORIZING
THE CITY TREASURER TO ENTER INTO A USE OF FUNDS AGREEMENT IN THE
AMOUNT OF $3 MILLION FOR A PERIOD OF FIVE YEARS
FinDir Nava reviewed the staff report and requested Council adopt Resolution No. 55-2009 approving a
revised financing plan of the South Bayside Waste Management Authority (SBWMA) to finance the
construction of the Shoreway Environmental Center; approving the issuance of $56.50 million in Solid
Waste Enterprise Revenue Bonds and authorizing the City Treasurer to enter into a Use of Funds Agreement
in the amount of $3 million for a five year period. FinDir Nava explained that the amount for the Solid
Waste Enterprise Revenue Bonds had just increased from $55 .32 million to $56.50 million due to higher
interest costs and other financing needs.
In response to an inquiry from Council, FinDir Nava introduced Kevin McCarthy, Executive Director,
SBWMA who reported that the fundamentals of the project have improved and the construction bids for the
Shoreway Environmental Center were 40 percent lower than initially expected and the commodity revenues
have rebounded. He said construction would begin mid-September 2009 and would continue through the
spring of 2011 and at this time Burlingame is the only city committed to invest.
Councilwoman O'Mahony made a motion to approve Resolution No. 55-2009, indicating the increase to
$56.50 million for the SBWMA revised financing plan for the Shoreway Environmental Center; seconded by
Councilman Deal. The motion was approved by voice vote 4-0- 1 (Keighran absent).
.-.
C. WAIVER OF BLOCK PARTY PERMITS IN LIEU OF EMERGENCY PREPAREDNESS
PRESENTATION
FC Dornell reviewed the staff report and presented the following two options: Option 1 would waive the
block party permit fee at time of application in return for allowing a Community Emergency Team Member
(CERT) make a brief informal presentation at a predetermined time on the CERT program, Get Ready
program, and other services available to the public; Option 2 would separate the presentation from the block
party, schedule the presentation within a reasonable time frame, require a commitment of a minimum
number of adult attendees, and rebate the block party fee after the presentation had been made. FC Dorrell
recommended if Council supports one or a variation of the options, that it be a pilot program from July
through October to measure the success of the program.
Council discussion followed concerning the two options and Councilwoman Nagel made a motion to waive
the $50.00 block party fee for groups who agree to invite a CERT volunteer to come at a prearranged time to
make a 10 to 15 minute presentation about the services that the City offers for emergency preparedness; the
need for neighborhoods to be self sufficient in the event of a catastrophe; advise the group about the services
available such as, SMC alert, crimereports.com, and the City's newsletter; a signup sheet indicating who
attended, and if at least 10 people heard the presentation, the fee would be refunded; and it would be a pilot
period to be reevaluated in October; seconded by Councilman Deal. The motion failed by voice vote 1 -3- 1
(Baylock, Deal, O'Mahony dissented) (Keighran absent). Councilwoman Nagel reworded her motion to
begin a program in Burlingame that would allow people having block parties to receive a rebate if they invite
a CERT volunteer to make a presentation about the city's emergency preparedness and communications
services; and it would be a pilot program to be reevaluated in October; seconded by Councilman Deal. The
motion was approved by voice vote 4-0- 1 (Keighran absent).
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Burlingame City Council June 15, 2009
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d. APPROVAL OF A BALLOT MEASURE TO INCREASE THE CITY'S TRANSIENT
OCCUPANCY TAX (TOT) FROM 10% TO 12% AND ORDERING AN ELECTION TO BE
.� HELD ON NOVEMBER 3. 2009
FinDir Nava reviewed the staff report and requested Council adopt Resolution No.56-2009 adding a ballot
measure on the November 3, 2009 election approving an increase of the City's Transient Occupancy Tax
(TOT) from 10% to 12%.
FinDir advised that the last time the City increased the TOT was in 1991 when the Council increased the tax
rate from 8% to 10%. The 10% tax rate was reaffirmed and validated by the voters in 2001 by an affirmative
vote of 71 .6%. He advised that the hotel general managers have all been notified of the proposed increase.
Councilwoman O'Mahony made a motion to adopt Resolution No. 56-2009, with the four components, to
increase the Transient Occupancy Tax from 10% to 12%; seconded by Councilman Deal. The motion was
approved by voice vote 4-0- 1 (Keighran absent).
e. RESOLUTION NO. 57-2009 AFFIRMING CITY COUNCIL RETIREE MEDICAL
BENEFITS
HRD Dolan reviewed the staff report and requested Council adopt Resolution No. 57-2009 affirming the
City's provision of retiree medical benefits to City Council members.
HRD Dolan advised that the medical benefits provided to the City Council are equivalent to those provided
to miscellaneous employees of the City. In 2008 Council approved a reduction in retiree medical benefits for
miscellaneous employees hired after March 31 , 2008. This reduction in retiree medical benefits also applies
to City Council members new elected after March 31 , 2008.
Council discussion followed concerning medicare eligibility for benefits and decrease in health insurance
costs at that time; time required for retiree medical benefits for future Council Members and for their
spouses; who are considered miscellaneous employees; request for staff to report back on Council Members
present compensation and other cities compensation comparison.
Councilwoman Nagel made a motion to adopt Resolution No.57-2009 affirming City Council retiree medical
benefits; seconded by Councilwoman O'Mahony. The motion was approved by voice vote 4-0- 1 (Keighran
absent).
8. CONSENT CALENDAR
Councilman Deal requested that item 8a be pulled for further discussion and Councilwoman O'Mahony
requested item 8j be pulled for further discussion.
Councilwoman O'Mahony made a motion to approve items 8b through 8i; seconded by Councilwoman
Nagel. The motion was approved by voice vote 4-0- 1 (Keighran absent).
a. ADOPT RESOLUTION NO. 58 -2009 AUTHORIZING AMENDMENT TO AN
AGREEMENT WITH PARKING COMPANY OF AMERICA FOR NORTH BURLINGAME
SHUTTLE SERVICES
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Burlingame City Council June 15, 2009
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DPW Murtuza requested Council adopt Resolution No. approving Resolution No. 58-2009 approving and
authorizing the City Manager to execute Amendment No. 4 to the agreement between the City of Burlingame
,.� and Parking Corporation of America (PCA) for the North Burlingame Shuttle bus services.
Councilman Deal questioned the per hour cost increase for the North Burlingame shuttle since there had
been a cost decrease in the fees for other shuttles and were other companies sought that might provide a
better per hour rate. DPW Murtuza responded and said the shuttle is completely funded by COAG, as well
as, the Sisters of Mercy and Peninsula Hospital and is managed differently than the Caltrain shuttle. He
further stated that the rates for this shuttle are lower than other JPB shuttles and the Peninsula Alliance
solicited bids and this one was the lowest.
Councilwoman Nagel made a motion to approve item 8a; seconded by Councilwoman O'Mahony. The
motion was approved by voice vote 4-0- 1 (Keighran absent).
b. ADOPT RESOLUTION NO. 59-2009 AWARDING A CONSTRUCTION CONTRACT TO
PACIFIC TRENCHLESS, INC. FOR THE 2009 CITY WIDE SEWER REHABILITATION
PROJECT, PHASE 1
DPW Murtuza requested Council approve Resolution No. 59-2009 awarding a construction contract for 2009
City Wide Sewer Rehabilitation Project, Phase 1 to Pacific Trenchless, Inc.
C. ADOPT RESOLUTION NO. 60-2009 REQUESTING METROPOLITAN
TRANSPORTATION COMMISSION TO ALLOCATE TRANSPORTATION
DEVELOPMENT ACT, ARTICLE 3 PEDESTRIAN AND BICYCLE PROJECT FUNDING
FOR FY 2009-10
PWD Murtuza requested Council approve Resolution No. 60-2009 a request to the Metropolitan
Transportation Commission for the allocation of Fiscal Year 2009/2010 Transportation Development Act
Article 3 Pedestrian and Bicycle Project funding.
d. ADOPT RESOLUTION NO. 61-2009 REJECTING ALL BIDS RECEIVED FOR THE
BAYSHORE SIGNAL INTERCONNECT PROJECT
DPW Murtuza requested Council approve Resolution No. 61 -2009 rejecting all bids for the Bayshore Signal
Interconnect Project.
e. ADOPT RESOLUTIONS NO. 62-2009; 63-2009; 64-2009 AUTHORIZING FINANCIAL
ASSISTANCE APPLICATION, REIMBURSEMENT INTENTION, AND DEDICATION OF
SEWER USER FEES FOR STATE REVOLVING FUND FINANCING TO FUND THE CITY
WIDE SEWER REHABILITATION PROJECT 2010 (ARRA)
DPW Murtuza requested Council approve Resolution No.62-2009 establishing a dedicated source of revenue
for repayment of the State Revolving Fund Financing Agreement for the planning, design and construction
of the City Wide Sewer Rehabilitation Project 2010 (ARRA Fund); and Resolution No. 63-2009 stating the
City's intention to reimburse City for any sewer rehabilitation expenditures paid prior to the City obtaining
financing through the State Water Resource Control Board for said project; and Resolution No. 64 -2009
authorizing the City Manager to execute and file an application for a Financing Agreement with the
^ California Water Resources Control Board for the planning, design, and construction of the City Wide Sewer
Rehabilitation Project 2010 (ARRA Fund).
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Burlingame City Council June 15, 2009
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L ADOPT RESOLUTIONS NO. 65-2009 AND 66-2009 APPROVING FY 2009-10 OPERATING
--� AND CAPITAL IMPROVEMENT BUDGETS AND ESTABLISHING 2009-10
APPROPRIATION LIMIT
FinDir Nava requested Council approve Resolution No. 65-2009 adopting Operating and Capital
Improvement budgets for the City of Burlingame Fiscal Year 2009- 10; and Resolution No. 66-2009
establishing 2009-2010 appropriation limit for City of Burlingame pursuant to Article XII B of the California
Constitution.
g. ADOPT RESOLUTION NO. 67-2009 AUTHORIZING CHAMBER OF COMMERCE
AGREEMENT
FinDir Nava requested Council approve Resolution No. 67-2009 approving and authorizing the City
Manager to execute an agreement with the Burlingame Chamber of Commerce to provide information and
promotion services in 2009- 10.
h. ADOPT RESOLUTION NO. 68 -2009 AUTHORIZING PENINSULA CONFLICT
RESOLUTION CENTER MEDIATION SERVICES CONTRACT FOR FY 2009-10
FinDir Nava requested Council approve Resolution No. 68-2009 approving and authorizing the City
Manager to execute an agreement with the Peninsula Conflict Resolution Center for the provision of conflict
resolution services.
L ADOPT RESOLUTION NO. 69-2009 TO RENEW AN INFORMATION SERVICES
CONTRACT WITH CAINE COMPUTER CONSULTING, LLC TO PROVIDE
INFORMATION TECHNOLOGY MANAGEMENT SERVICES FOR THE POLICE
DEPARTMENT
COP Van Etten requested Council approve Resolution No. 69-2009 renewing an information services
contract with Caine Computer Consulting, LLC to provide information technology management services for
the Police Department.
j. REOUEST DIRECTION ON WHETHER TO CANCEL THE AUGUST 3, 2009 REGULAR
CITY COUNCIL MEETING
CC Kearney requested Council approve the cancellation of the regular City Council meeting scheduled for
August 3, 2009. In the past, due to summer vacations, this meeting has been cancelled.
Councilwoman O'Mahony questioned whether there was anything critical coming up that would warrant not
cancelling the meeting. CM Nantell responded and said the Department Heads review the crystal ball and
agreed with cancelling the meeting.
Councilwoman O'Mahony made a motion to approve item 8j ; seconded by Councilman Deal. The motion
was approved by voice vote, 4-0- 1 (Keighran absent).
k. WARRANTS & PAYROLL
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Burlingame City Council June 15, 2009
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FinDir Nava requested approval for payment of Warrants #39843-40349 duly audited, in the amount of
$ 1 ,917,273 . 16; Payroll checks # 174203- 174453 in the amount of $3,786,080.71 for the month of May 2009.
Councilwoman O'Mahony made a motion to approve item 8k; seconded by Councilwoman Nagel. The
motion was approved by voice vote, 4-0- 1 (Keighran absent).
10. COUNCIL COMMITTEE REPORTS
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 about lobbying for the Broadway overpass and cable services. There
were no further comments from the floor.
12. OLD BUSINESS
There was no old business.
13. NEW BUSINESS
There was no new business.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Parks & Recreation, May 21 , 2009; Beautification, June 4, 2009; Planning,
June 8, 2009
b. Department Reports: Police, April 2009; Building, May 2009; Finance, May 2009
15. ADJOURNMENT
Vice Mayor Baylock adjourned the meeting at 10: 10 p.m. in memory of local resident Sig ("Yash")
Yashinitsky.
Respectfully submitted,
A:'
Mary Ellen Kearney
City Clerk
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Burlingame City Council June 15, 2009
Approved Minutes