HomeMy WebLinkAboutMin - CC - 2010.08.16 CITY
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� BURLINGAME
�H�i[o JUHL C
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of August 16,2010
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 Cathy Baylock 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 Labor
Negotiators, and stated that there was no further reportable action.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Catherine McCormack.
�— 3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Brownrigg,Deal,Keighran,Nagel
COUNCILMEMBERS ABSENT: None
4. MINUTES
Vice Mayor Nagel made a motion to approve the minutes of the August 16, 2010 regular Council meeting;
seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0.
5. PRESENTATION
a. PRESENTATION OF A CHECK TO THE CITY FROM THE EASTON LIBRARY
FUNDRAISER BAKE SALE VOLUNTEERS
The following bake sale volunteers presented a check in the amount of$5,833.33 to the City Council:
Stephanie Gardner,Mimi Lee, and Will Gardner. The check represented donations from residents and
proceeds from the"Save the Easton Branch"bake sale that was held at the Easton Branch on Saturday, July
24, 2010. Emma Rosen, Reiley Obedin, and Joey Lee also volunteered at the bake sale but were unable to
attend the meeting.
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6. PUBLIC HEARINGS
a. CONDUCT A PUBLIC MEETING CONCERNING AMENDMENT TO THE BURLINGAME
AVENUE AREA BUSINESS IMPROVEMENT DISTRICT TO REVISE THE METHOD OF
ASSESSMENT, TO ESTABLISH BENEFIT ZONES 1, 2, AND 3, TO ESTABLISH AND
LEVY ASSESSMENTS IN THE DISTRICT, AND TO MAKE OTHER ADJUSTMENTS TO
THE DISRICT
CA Guinan reviewed the staff report and advised that at the July 19, 2010 Council meeting the Resolution of
Intent was adopted, an Ordinance was introduced relative to the downtown Burlingame Avenue Area
Business Improvement District (DBID), and copies of those documents were mailed to all of the businesses
within the District. He further advised that no action would be taken at tonight's meeting as it was just a
public meeting to receive testimony, to comment and provide other evidence regarding the proposal. The
public hearing will be held on September 7, 2010, and at the conclusion of the public hearing, the Council
will determine whether a majority protest had been made.
Mayor Baylock opened the public hearing and the following business representatives spoke in opposition to
the proposed assessment: Michele Porrazzo, Isabelle Christopher, Tony Basques, and Scheherezade
Sharabianlou, who posed several questions. The following individuals spoke in favor: Russ Cohen, Dan
Porter, Kathleen Goss, Melissa Cutter and Darlene DeMaria.
There were no further comments from the floor, and the hearing was closed. Mayor Baylock reminded
everyone that the public hearing for this item would be conducted on September 7, 2010 and the Council
would again hear comments from the public at that time.
Based on some of the questions that were asked, CA Guinan provided the following answers: that the
monies from the assessments cannot be spent on anything that is not identified in the ordinance; unpaid
assessments would be collected like any other bill from the City; he reviewed the protest procedures; he
reviewed the weighted average; advised that the assessment material was sent to the local address of the
corporate businesses; he advised that even without a majority protest, the City Council can still decide not to
pass the Ordinance and adopt the Resolution; Council may not override the DBID Board; if the DBID Board
wanted to increase the fees a year from now, they would be required to follow the same procedure as
establishing the assessments.
b. CONSIDER (1) ADOPTION OF AN ORDINANCE AMENDING THE SAN MATEO
COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ORDINANCE TO INCLUDE
THE CITYOF PACIFICA WITHIN THE DISTRICT AND TO ADD ONE
REPRESENTATIVE TO THE ADVISORY BOARD TO REPRESENT THE PACIFICA
AREA; AND (2) ADOPT A RESOLUTION LEVYING THE 2010 SAN MATEO COUNTY
TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS ON THE HOTEL
BUSINESSES IN THE CITY OF PACIFICA
CA Guinan reviewed the staff report and advised that Anne Le Clair from the Convention and Visitors
Bureau was available if there were any questions.
Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was
closed. CC Kearney reported that she did not receive any protests.
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Vice Mayor Nagel made a motion to adopt Ordinance No. 1851 -2010 amending the San Mateo County
Tourism Business Improvement District to include the City of Pacifica within the District and to add one
representative to the Advisory Board to represent Pacifica; seconded by Councilman Brownrigg.
The motion was approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Kearney publish a
summary of the ordinance within 15 days of adoption.
Councilwoman Keighran made a motion to adopt Resolution No. 57-2010 of the City of Burlingame
approving and levying the 2010 San Mateo County Tourism Business Improvement District assessments of
the hotel businesses within the City of Pacifica; seconded by Vice Mayor Nagel. The motion was approved
unanimously by voice vote, 5-0.
C. PUBLIC HEARING ON A REQUEST FOR A FINDING OF PUBLIC CONVENIENCE AND
NECESSITY (PCN) TO PERMIT THE SALE OF BEER AND WINE FOR OFF-SITE
CONSUMPTION (TYPE 20 ABC LICENSE) AT 1480 BROADWAY, BROADWAY '76 GAS
STATION
CDD Meeker reviewed the staff report and requested Council hold a public hearing and take action on a
request from Roger Abuyaghi, owner of the R & M 76 station, for a "finding of public convenience and
necessity" related to his request for a Type 20 license (off-site beer and wine sales) issued through the
California Alcoholic Beverage Control Board (ABC). CDD Meeker stated that ABC requires the "finding of
public convenience and necessity" when the number of licenses in a census tract exceeds what is allowed by
ABC. R & M Broadway 76 is located with Census Tract 6051 which allows for four licenses and currently
there are 38 licenses. CDD Meeker advised that the Police Chief reviewed the request and his findings were
included in the staff report.
Council discussion followed concerning the Second Chance Program, the location within 100 feet of
residences, number of alcohol licenses in relation to other cities.
Mayor Baylock opened the public hearing. Andrew Gregg, representing Mr. Abuyaghi, spoke and provided
background on the applicant and the merits of granting a PCN. Kenneth Katzoff, long-time friend and
business associate of the applicant, spoke on behalf of the Abuyaghi family and the potential small profit to
be made by the sale of alcohol. Burlingame resident, Pat Giorni also spoke in favor of granting the PCN.
Councilman Brownrigg asked the hours of operation; Mr. Gregg said the hours are 6:00 a.m. to 10:00 p.m.
on Sunday and 6:00 a.m. to 11 :00 p. in. Monday through Saturday. There were no further comments from the
floor, and the hearing was closed.
Council discussion followed and Councilwoman Keighran made a motion to adopt Resolution No. 58-2010
of the City of Burlingame determining that public convenience and necessity would be served by the
California Alcoholic Beverage Control Board's issuance of a Type 20 alcoholic beverage sales license for
1480 Broadway (R&M Broadway 76) with the added conditions, as outlined in the Resolution, and follow up
every year for the first three years to make sure that all the conditions are being followed; seconded by
Councilman Deal. The motion was approved by voice vote, 3-2 (Baylock and Nagel voted no).
d. ADOPT AN ORDINANCE AMENDING SECTION 18.07 OF THE BURLINGAME
MUNICIPAL CODE TO REVISE THE TIME LENGTH FOR EXCEPTIONS TO THE
CONSTRUCTION HOURS LIMITATIONS
CDD Meeker requested Council conduct a public hearing and adopt the Ordinance that was introduced at the
July 19, 2010 meeting.
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Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was
closed.
Councilman Deal made a motion to adopt Ordinance No. 1852-2010 amending Section 18.07. 110 of the
Burlingame Municipal Code to revise the time length for exceptions to the construction hours limitations;
seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. Mayor
Baylock requested CC Kearney publish a summary of the ordinance within 15 days of adoption.
e. ADOPT AN ORDINANCE AMENDING SECTION 6.04.240, "EXEMPTIONS",
OF THE BURLINGAME MUNICIPAL CODE TO ADD AN EXEMPTION FROM THE
CITY'S BUSINESS LICENSE TAX FOR PERSONS ENGAGED IN THE BUSINESS OF
PROVIDING GOODS OR SERVICES TO NON-PROFIT ORGANIZATIONS WHICH
PROVIDE ACTIVITIES TO THE YOUTH OF BURLINGAME
FinDir Nava requested Council conduct a public hearing and adopt the Ordinance that was introduced at the
July 19, 2010 meeting.
Mayor Baylock opened the public hearing and Burlingame residents, Russ Cohen and Charles Voltz spoke
on the matter. There were no further comments from the floor, and the hearing was closed.
Vice Mayor Nagel made a motion to adopt Ordinance No. 1853-2010 amending section 6.04-240 of the
Burlingame Municipal Code to add an exemption from the City's business license tax for persons engaged in
the business of providing goods or services to non-profit organizations which provide activities to the youth
of Burlingame; seconded by Councilwoman Keighran. The motion was approved unanimously by voice
�— vote, 5 — 0. Mayor Baylock requested CC Kearney publish a summary of the ordinance within 15 days of
adoption.
f. CONSIDER ADOPTION OF A RESOLUTION INCREASING TAXICAB FARES WITHIN
THE CITY OF BURLINGAME
CA Guinan reviewed the staff report and advised that Ms. Young So, owner of Luxor Cab had requested that
the City raise the maximum limit on taxicab meter rates charged in Burlingame. He further advised that the
last time the City increased taxicab rates was six years ago, in August of 2004 and the proposed new rates
would match the rates allowed by the City San Mateo for the past year.
Mayor Baylock opened the public hearing and Burlingame resident, Pat Gioini spoke on the matter. There
were no further comments from the floor, and the hearing was closed.
Councilwoman Keighran made a motion to adopt Resolution No. 59-2010 establishing revised maximum
meter rates for taxicabs operating under a City of Burlingame taxicab permit; seconded by Vice Mayor
Nagel. The motion was approved unanimously by voice vote, 5-0.
7. PUBLIC COMMENTS
Burlingame residents, Dan Porter and Russ Cohen spoke on developing a list of historical buildings or
buildings of an historical nature in Burlingame. Charles Bona spoke on item 9h. CA Guinan responded and
advised that item 9h was merely to approve entering into an agreement with a consultant to study the
`— possibility of shared police services with the City of San Mateo. Burlingame resident, Pat Giorni spoke on
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street sweeping in conjunction with the garbage collection day. Burlingame business owner, Kurt Westphal
spoke on item 6a. There were no further comments from the floor.
8. STAFF REPORTS AND COMMUNICATIONS
a. REVIEW OF THE LATEST DEVELOPMENTS REGARDING THE HIGH SPEED RAIL
PROJECT AND CONSIDER NEXT STEPS TO CONTINUE OPPOSING AERIAL
VIADUCT ALTERNATIVE THROUGH BURLINGAME
DPW Murtuza gave a presentation on the latest updates on the proposed high speed rail project and Council
discussion followed.
Mayor Baylock opened the item for public comment and Seamus Murphy, Manager, Government Affairs for
Caltrain in San Mateo County spoke and presented Caltrain's current position on the project and Caltrain's
need for federal funding. Mr. Murphy reassured the Council that Caltrain is working for Burlingame's best
interests.
The following citizens spoke on the matter: Cheryl Putnam, Juan Martinez, Jerldine Leri, Robin Houge, Ted
Crocker, Charles Voltz, Janet McDonald, Jennifer Pfaff, Thomas Skillings, Marilyn Canon, Debbie Flowers,
Juergen Pfaff, Russ Cohen, Pat Giorni, Joe Sacco, Patrick Stewart. Mayor Baylock and Councilman
Brownrigg strongly urged the members of the public to write to the California High Speed Rail Authority
and government officials. Mayor Baylock closed the comment section.
The Council discussed the proposed letter to Federal Railroad Authority and it was agreed that minor
revisions be made to the letter and that copies be sent to all local legislators, including County Supervisors.
The sample Resolution that the City of Orange had adopted was discussed and it was agreed to possibly
consider that at the next meeting and perhaps ask other cities to join in.
b. CONSIDER TWO APPOINTMENTS TO THE BEAUTIFICATION COMMISSION
The staff report requested applications for two vacancies on the Beautification Commission. The application
deadline date was set for October 1, 2010.
C. CONSIDER THREE APPOINTMENTS TO THE PARKS & RECREATION COMMISSION
The staff report requested applications for three vacancies for the Parks & Recreation Commission. The
application deadline was set for October 1, 2010.
9. CONSENT CALENDAR
Mayor Baylock removed item 9h, Vice Mayor Nagel remove item 9a, and Councilman Brownrigg removed
9b for further discussion.
Councilwoman Keighran made a motion to approve items 9c, d, e, f, g and i; seconded by Councilman Deal.
The motion was approved unanimously by voice vote, 5-0.
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a. ADOPT A RESOLUTION APPROVING THE CITY'S RESPONSE TO THE GRAND JURY
ON "THE EFFECTIVENESS OF RED LIGHT TRAFFIC ENFORCEMENT"
Interim PC Wood requested Council adopt Resolution No. 60-2010 approving the City's response to the
2009-2010 San Mateo Grand Jury report entitled "The Effectiveness of Red Light Traffic Camera
Enforcement."
Vice Mayor Nagel advised that there is legislation being proposed to lower the red light camera fines so they
are more aligned with other traffic violations. Councilman Brownrigg requested that the City's response to
the Grand Jury be amended to read that the City would implement recommendations 1 , 2, and 3, on pages 8
and 9, should the City ever install a red light camera system in the future.
Councilman Brownrigg made a motion to approve item 9a, with aforementioned amendments to the letter;
seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0.
b. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH ERLER & KALINOWSKI, INC. FOR FY 2010-11 WATER SYSTEM PROGRAM
MANAGEMENT AND URBAN WATER MANAGEMENT PLAN
DPW Murtuza requested Council adopt Resolution No. 61 -2010 authorizing execution of an agreement for
professional services with Erler & Kalinowski, Inc. for FY 2010-11 water system program management and
urban water management plan update.
Councilman Brownrigg requested that consultants examine ways of reusing water when preparing an urban
water management plan.
Councilman Brownrigg made a motion to approve item 9b; seconded by Councilman Deal. The motion was
approved unanimously by voice vote, 5-0.
C. ADOPT A RESOLUTION ACCEPTING COMPLETION OF CALIFORNIA DRIVE AND
OAK GROVE AREA SEWER REHABILITATION PROJECT BY K. J. WOODS
CONSTRUCTION, INC.
DPW Murtuza requested Council adopt Resolution No. 62 -2010 accepting improvements of California
Drive and Oak Grove Avenue area sewer rehabilitation project, Phase 2 by K.J. Woods Construction, Inc.
d. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO SHAW
PIPELINE, INC. FOR THE NEWHALL ROAD AND FOREST VIEW AVENUE WATER
MAIN REPLACEMENT PROJECT
DPW Murtuza requested Council adopt Resolution No. 63 -2010 awarding contract for Newhall Road and
Forest View Avenue water main replacement project to Shaw Pipeline.
Vice Mayor Nagel made a motion to approve item 9b; seconded by Councilman Deal. The motion was
approved unanimously by voice vote, 5-0.
e. ADOPT A RESOLUTION DELEGATING AUTHORITY TO ACT ON BEHALF OF OR
ENTER INTO AGREEMENTS WITH CALIFORNIA STATE ASSOCIATION OF
COUNTIES EXCESS INSURANCE AUTHORITY
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HRD Dolan requested Council adopt Resolution No. 64-2010 delegating authority to the City Manager
and/or Human Resources Director to act on behalf of the City of Burlingame.
E ADOPT A RESOLUTION APPROVING AMENDMENT TO TOLLING AGREEMENT
WITH THE COUNTY OF SAN MATEO REGARDING THE CITY OF BURLINGAME'S
CLAIM FOR TAX ADMINISTRATION FEES FOR FY 2009-10
CA Guinan requested Council adopt Resolution No. 65-2010 approving and authorizing the City Manager to
execute an amendment to the Tolling Agreement between the City of Burlingame and County of San Mateo
regarding the City's claim for return of excess property tax administration fee for the 2009-2010 Fiscal Year.
g. ADOPT A RESOLUTION CORRECTING PUBLIC FACILITIES IMPACT FEES FOR
DEVELOPMENT PROJECTS IN THE CITY PURSUANT TO CHAPTER 25.80
CA Guinan requested Council adopt Resolution No. 66-2010 correcting public facilities impact fees for
development projects in the City pursuant to Chapter 25.80.
h. APPROVE A CONSULTANT CONTRACT WITH CITYGATE ASSOCIATES LLC TO
PERFORM A POLICE SERVICES MERGER TECHNICAL IMPLEMENTATON FOR THE
CITIES OF SAN MATEO AND BURLINGAME
Interim PC Wood requested Council approve the use of Citygate Associates to perform a police merger
technical implementation for the cities of San Mateo and Burlingame.
CM Nantell indicated that he spoke to the resident who questioned this item during public comments and
`-' resolved his concern. Council discussion followed that the study define the quality metrics, the cost of phase
two, how long for the study to take place, all the ranks involved during the interviews, and consider allowing
community members to participate in the interviews.
Vice Mayor Nagel made a motion to approve the Consultant Contract; seconded by Councilman Deal. The
motion was approved unanimously 5-0.
i. APPROVAL TO ATTEND AN OUT OF STATE CONFERENCE BY TWO WATER
DIVISION STAFF MEMBERS
DPW Murtuza requested Council approve out of state travel for Water Division staff members, Tim
McAuliffe and Patrick Kerrisk to attend the American Backflow Prevention Association, Western Region
Conference.
10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Due to the late hour, Council postponed the Council Committee reports.
11 . PUBLIC COMMENTS
Burlingame resident, Rosalie McCloud spoke about placing story poles at the proposed high speed rail
project; Burlingame resident, Ted Crocker spoke about story poles, supporting grass roots efforts, addressing
integrated rail system in the letter that the City sends to the FRA; and Burlingame resident, Pat Giorni spoke
�-- about high speed rail and historical building resource list. There were no further comments from the public.
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12. OLD BUSINESS
13. NEW BUSINESS
a. SET APPEAL HEARING FOR 1070 BROADWAY
Since CDD Meeker will not be at September 7, 2010 Council meeting, Council set September 20, 2010 as
the hearing date for the Planning Commission appeal at1070 Broadway.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, July 26, 2010
b. Department Reports: Finance, June & July 2010; Building, July 2010
C. Letters from Burlingame Historical Society, Community Gatepath, Ombudsman Services of San
Mateo County, Youth and Family Enrichment Services, Call Primrose, Jobs for Youth, Parca and
Mission Hospice gratefully acknowledging the City's contribution
d. Letter from Pen-TV acknowledging the City's support
e. Letter from AT&T U-verse concerning programming adjustments
f. Two letters fiom Comcast concerning programming adjustments
15. ADJOURNMENT
Mayor Baylock adjourned the meeting at 11 :48 p.m. in memory of Dan Thurston, Peg Hustedt, and Bill
Lane.
Respectfully submitted,
/ S✓
Mary Ellen Kearney
City Clerk
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