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HomeMy WebLinkAboutMin - CC - 2010.07.19 �� CITY G BURLINGAME 900 gONATEU JUNE b BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of July 19, 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 the Council met in closed session with legal Counsel regarding the claim of K. J. Woods Company, Inc., gave direction to Counsel accordingly, and stated that there is no further reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Scheherezade Sharabianlou. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Councilman Deal made a correction to the June 21 , 2010 minutes, item 8a, at the top of page 4, to show eliminate four-hour parking zones, not establish four-hour parking zones. Councilwoman Keighran made a motion to approve the amended minutes of the June 21 , 2010 regular Council meeting; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATIONS a. CALIFORNIA WATER AND ENVIRONMENTAL ASSOCIATION AWARD TO PUBLIC WORKS STAFF FOR LEADERSHIP Mayor Baylock presented awards to Public Works employees, Vince Falzon, Assistant Superintendent and Rick Horne, Lead Worker in recognition of their leadership by the California Water and Environmental Association. 1 Burlingame City Council July 19, 2010 Approved Minutes b. GREEN CERTIFICATION FROM CALRECYCLE.ORG OF BURLINGAME FLEET Mayor Baylock presented the green certification award from CalRecycle.org to Public Works Superintendent,Rob Mallick in recognition of the City's use of recycled oil from the City's vehicles. 6. PUBLIC HEARINGS a. ADOPT AN ORDINANCE FOR THE REMOVAL OF THE FOUR HOUR PARKING LIMIT AND INSTALLATION OF VEHICLE HEIGHT LIMIT SIGNS ALONG THE EAST SIDE OF GILBRETH ROAD DPW Murtuza reviewed the staff report and advised that the parking problems on Gilbreth Road have been a recurring issue for the engineering staff and police staff. The Traffic, Safety&Parking Commission recently reexamined the restrictions to see if new changes could be made to allow for longer parking time limits for employees and businesses,while still prohibiting parking abuses of large trucks. He said the Traffic, Safety and Parking Commission agreed that it was best to remove the existing four-hour parking restriction and replace it with vehicle height restriction signage on the east side of Gilbreth Road. Mayor Baylock opened the public hearing and Burlingame business owner, Howard Atkins asked if the poles would be removed; DPW Murtuza advised him that the poles would not be removed,just a different sign. There were no further comments from the floor, and the hearing was closed. Councilwoman Keighran reiterated that the overnight parking restriction would remain in effect from 10:00 p.m. to 6:00 a.m. Councilwoman Keighran made a motion to adopt Ordinance No. 1850-2010 amending Section 13.36.042 of the Burlingame Municipal Code to establish four-hour parking zones on Gilbreth Road; 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. b. CONDUCT A PUBLIC MEETING CONCERNING AMENDMENT TO THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT TO ADD THE CITY OF PACIFICA, TO ADD A PACIFICA REPRESENTATIVE TO THE DISTRICT ADVISORY BOARD AND TO ESTABLISH AND LEVY ASSESSMENTS ON THE HOTEL BUSINESSES IN PACIFICA CA Guinan reviewed the staff report and requested Council hold a public meeting to receive comments regarding an amendment to the San Mateo County Tourism Business Improvement District to include the City of Pacifica within the District as part of Benefit Zone B, to amend the Advisory Board to add one representative from Pacifica and to establish and levy assessments on the hotel businesses in Pacifica. Mayor Baylock opened the public hearing. There were no coniments from the floor, and the hearing was closed. 2 Burlingame City Council July 19,2010 Approved Minutes 7. PUBLIC COMMENTS Burlingame resident, Chris Zwingle expressed his concerns on the transparency and citizen oversight of budget matters. Hayward resident, Wynn Grcich spoke about the hazards of fluorides and chloramines in the water. Burlingame resident, Susan Castner-Paine spoke about the high speed rail story poles article in the San Mateo Times. Mayor Baylock stated that the story in the San Mateo Times was completely inaccurate and the City had not discussed placing story poles along the proposed high speed rail project site. Burlingame resident, Stephen Hamilton spoke about the Easton Branch Library fund raising and presented a check to the Finance Director. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE TO REVISE THE LENGTH OF TIME FOR EXCEPTIONS TO THE CONSTRUCTION HOURS LIMITATIONS CDD Meeker reviewed the proposed ordinance that was brought to the Council at the June 21, 2010 meeting to increase the maximum time frame for exceptions to construction hours granted by the Building Official from three (3) days to no more than 20 days. Council chose not to introduce the ordinance as proposed and provided direction to staff to limit the Building Official's authority to grant exceptions to no greater than seven days; provide the ability for the City Council to grant exceptions for periods greater than seven days, but no more than 20 days; and prohibiting the granting of an exception to construction hours on Sunday. CDD Meeker reviewed the following three proposed amendments for consideration: Version I,the original proposed ordinance, version II the Council's direction to staff from the June 21 Council meeting; and version III to authorize the building official to grant an exception to the construction hours limitation for a period not to exceed three days for a project with a gross floor of less than 40,000 square feet; and not to exceed twenty days for projects with a gross floor area of 40,000 square feet or greater. Council asked CDD Meeker about his preference of the three versions and he indicated version III, but said that version II was also quite workable. Mayor Baylock opened the public hearing and Deb Karbo of Safeway spoke and confirmed that the desire for approval to start construction early is due to the fact that it is tilt up construction and for safety reasons it is best that surrounding businesses still be closed. Council all agreed to version III of the proposed Ordinance authorizing the building official to grant an exception to the construction hour limitation for a period not to exceed three days for a project with a gross floor of less than 40,000 square feet; and not to exceed twenty days for projects with a gross floor area of 40,000 square feet or greater. For the Safeway project this would allow construction hours to begin at 5:00 a.m. on Monday through Friday and 6:00 a.m. on Saturdays, Sundays and holidays. Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Section 18.07.110 of the Municipal Code to revise the time length for exceptions to the construction hours limitation. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. 3 Burlingame City Council July 19,2010 Approved Minutes Councilwoman Keighran made a motion to introduce the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. b. ADOPT A RESOLUTION OF INTENTION AND INTRODUCTION OF AN ORDINANCE TO AMEND THE BURLINGAME AVENUE BUSINESS IMPROVEMENT DISTRICT TO (i) REVISE THE METHOD OF ASSESSMENT; (ii)ESTABLISH BENEFIT ZONES 1, 2 AND 3; (iii) ESTABLISH AND LEVY ASSESSMENTS IN THE DISTRICT; (iv) TO MAKE OTHER ADJUSTMENTS TO THE DISTRICT; AND (v) TO SET DATES FOR A PUBLIC MEETING AND PUBLIC HEARING CA Guinan reviewed the staff report and advised that this was being presented for approval to go forward to reestablish the Downtown Burlingame Business Improvement District (DBID) that was formed in 2004 and the first assessments were levied in 2005-2006. Since there was a majority of protests against the assessment in 2006-2007, there were no further assessments imposed. CA Guinan explained that the changes to the existing Ordinance address the concerns many business owners raised about the previous DBID. The changes include eliminating the number of employees as a basis of assessments, differentiating between ground floor businesses and businesses on other levels, and ensuring fair representation among different parts of the downtown area. The annual assessments range from a low of $100 to a high of$625. He also advised that the Advisory Board membership would be amended from consisting of seven members to nine members and they would represent all types of businesses in the downtown area. Based on a question from Council, CA Guinan advised that the City is authorized to collect the assessments from the businesses but the City is then required by statute to return the funds to the District to be spent as they see fit to promote the downtown, raise awareness of the downtown, and increase business traffic in the downtown. The following business owners spoke in opposition to the proposed assessment: Howard Atkins, Reece Mahoney,Michele Porrazzo, Scheherezade Sharabianlou, Isabelle Christopher, Gary Doss, Kurt Westphal and Valerie Calkin. The following individuals spoke in favor of the proposed assessment: Frankie Meyer, Larry Lowenthal, Dan Porter, Jim Kennedy, Bob Doerr, Charles Voltz, Melissa Cutter, Mary Hunt, Juan Laredo. Burlingame business representative and volunteer in support of the DBID, Kathleen Goss spoke in favor of the proposed assessment and explained the outreach process by she and some of the other volunteers to assure that the proposed DBID is more equitable than the previous one. She also advised that if the assessment is approved, the Advisory Board would have a Chair and a Vice Chair and they hoped to solicit input from the business community via email. They anticipate about$99,000 in revenue and hoped to keep the goals focused and attainable in the first year. Council's questions were directed to Patricia Love the City's Economic Development Specialist, the City Manager and City Attorney concerning the flyers advising the business owners, the money collected in the past,procedure for handling protests to the assessments, involvement of the Chamber of Commerce, and frequency of DBID working group meetings. 4 Burlingame City Council July 19,2010 Approved Minutes The Council members thanked all the volunteers for the DBID and encouraged all the businesses to learn more about the benefits of a downtown improvement district, and to look to Broadway as an example of a Successful improvement district. Councilwoman Keighran made a motion to adopt Resolution No. 50-2010 of the City of Burlingame stating its intent to amend the Burlingame Avenue Area Business Improvement District Ordinance to revise the method of assessment; establish benefit zones 1, 2 and 3; to establish and levy assessments in the District; and to make other adjustments to the District. seconded by Vice Mayor Nagel The motion was approved unanimously by voice vote, 5 —0. Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Chapter 6.54 of the Municipal Code to revise the downtown Burlingame Avenue Area Business District by establishing a new method and manner of assessment, new benefit zones, and a new district boundary. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilman Brownrigg. The motion was approved by voice vote, 5-0. Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at least five days before proposed adoption. C. INTRODUCTION OF 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 advised that the ordinance was self explanatory and asked if Council had any questions. There were no questions. Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending Section 6.04.240 of the 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. Councilwoman Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilman Brownrigg. The motion was approved by voice vote, 5-0. Mayor Baylock requested CC Kearney publish a summary of the proposed ordinance at.least five days before proposed adoption. d. CONSIDER APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES CC Kearney gave each Councilmember a ballot to vote for two of the four candidates. The first ballot submission resulted in Catherine McCormack receiving four votes and a tie between Patricia Toft and Lisa Rosenthal with three votes each. CC Kearney provided each Councilmember a second ballot and Lisa Rosenthal received three votes and Patricia Toft received two votes. Lisa Rosenthal and Catherine McCormick were appointed to the Library Board. `./fhe Council members thanked all the candidates for applying and agreed that they were all very well qualified. 5 Burlingame City Council July 19,2010 Approved Minutes e. CITY COUNCIL SUGGESTION QUEUE CM Nantell reviewed the staff report and advised that the items that have come from the public, a Council member via an email or phone call have been added to Council suggestion consideration queue. CM Nantell noted that the first ten items in attachment A were items that Council wanted to keep as goals when they met at the annual goal setting meeting in January, but they were not considered as high a priority as the ones they adopted. CM Nantell advised that the additional items are ones that have come up since January. CM Nantell reviewed each item and Council provided direction on which items should remain. 9. CONSENT CALENDAR Councilman Brownrigg asked to remove 9b for further discussion; Vice Mayor Nagel asked to remove item 9e for further clarification. Councilwoman Keighran made a motion to approve items 9a, c, d, and f of the consent calendar; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO SECURE FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING FOR 2010-11 STREET RESURFACING PROJECT DPW Murtuza requested Council adopt Resolution No. 51-2010 authorizing the filing of an application for federal surface transportation program and/or congestion mitigation and air quality improvement funding and committing the necessary non-federal match and stating the assurance to complete the project. b. ADOPT A RESOLUTION REJECTING THE NON-RESPONSIVE APPARENT LOW BID AND AWARDING A CONSTRUCTION CONTRACT TO TENNYSON ELECTRIC, INC. FOR THE HOWARD AVENUE STREET LIGHTING PROJECT DPW Murtuza requested Council adopt Resolution No. 52-2010 rejecting the bid of Mike Brown Electric as non-responsive and awarding a construction contract to Tennyson Electric, Inc. for the Howard Avenue street lighting project and authorizing the Public Works Director to execute the contract. Councilman Brownrigg expressed concern about spending money to change the light fixtures at this time since the City is embarking on implementing the downtown plan, and that would probably result in common, decorative lighting throughout the downtown area. PWD Murtuza explained that this was just a replacement of the cobra heads of the light fixtures. Councilwoman Keighran made a motion to approve item 9b; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. C. AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH ERLER& KALINOWSKI, INC. FOR PROGRAM MANAGEMENT SERVICES OF THE STORM DRAINAGE CAPITAL IMPROVEMENT PROGRAM 6 Burlingame City Council July 19,2010 Approved Minutes DPW Murtuza requested Council adopt Resolution No. 53-2010 authorizing execution of an agreement for professional services with Erler&Kalinowski for program management services of the storm drainage capital improvement program. d. ADOPT A RESOLUTION TO AMEND LANGUAGE IN SECTION 14 OF THE JOINT POWERS AGREEMENT (JPA)ESTABLISHING THE CENTRAL COUNTY FIRE DEPARTMENT TO CLARIFY DISBURSEMENT OF REVENUES FC Dornell requested Council adopt Resolution No. 54-2010 authorizing the Mayor to execute an amendment to the Central County Fire Department Joint Powers agreement to clarify the disbursement of revenues. e. ADOPT A RESOLUTION APPROVING THE FORM OF AND EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND BOND PURCHASE AGREEMENT FOR THE BURLINGAME FINANCIN G AUTHORITY STORM DRAIN REVENUE BONDS, SERIES 2010,AND AUTHORIZING OTHER MATTERS RELATING THERETO FinDir Nava requested Council adopt Resolution No. 55-2010 approving the form of and authorizing execution and delivery of an official statement and bond purchase agreement for the Burlingame Financing Authority Storm Drainage Revenue Bonds, Series 2010, and authorizing other matters relating thereto. Vice Mayor Nagel referred to page two of the staff report concerning what determines whether to purchase insurance. FinDir Nava responded that it is very costly, often difficult to obtain and since the City has never defaulted on a bond, there is not a need to have it. Vice Mayor Nagel made a motion to approve item 9b; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. L ADOPT A RESOLUTION TO APPROVE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE BURLINGAME AQUATIC CLUB, INC. FOR THE PROVISIO OF CERTAIN AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC FACILITY P&RD Skeels requested Council adopt Resolution No. 56-2010 approving and authorizing the City Manager to execute amendment No. 2 to the agreement with the Burlingame Aquatic Club, Inc. for the provision of certain aquatic programs at the Burlingame Aquatic Facility. 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 Burlingame resident, Stephen Hamilton, spoke and presented a check to FinDir Nava for his annual business license fee. There were no further comments from the public. 12. OLD BUSINESS Councilman Keighran clarified that the review of the business license tax was on the list of goals. 7 Burlingame City Council July 19,2010 Approved Minutes 13. NEW BUSINESS a. DISCUSS WHETHER TO REQUIRE CELL PHONE RETAILERS TO DISCLOSE TO --� CUSTOMERS THE SPECIFIC ABSORPTION RATES (SAR) FOR EACH CELL PHONE MODEL Councilman Brownrigg requested that the City consider adopting an ordinance, as was recently done in San Francisco, requiring cell phone retailers publish the Specific Absorption Rates (SAR) for their customers. Council discussed the issue and there was consensus that the item be a presentation by a cell phone representative and a medical professional on a future agenda. It was also agreed that a member or members of the state legislature be invited to the presentation. 14. ACKNOWLEDGMENTS a. Commission Minutes: Planning, June 14, June 28 &July 12, 2010 b. Department Reports: Police, June 2010; Building, May& June 2010 15. ADJOURNMENT TO FINANCING AUTHORITY MEETING Mayor Baylock adjourned the meeting in memory of Joe Galligan, Sr. father of former Mayor and Council Member, Joe Galligan. 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC COMMENTS There were no public comments from the floor. 4. STAFF REPORTS AND COMMUNICATIONS a. RESOLUTION OF THE BURLINGAME FINANCING AUTHORITY APPROVING THE FORM AND AUTHORIZING EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT AND BOND PURCHASE AGREEMENT FOR THE BURLINGAME FINANCING AUTHORITY STORM DRAINAGE REVENUE BONDS, SERIES 2010, AND AUTHORIZING OTHER MATTERS RELATING THERETO FinDir Nava requested Council adopt Resolution No. FA3-2010 approving the form and authorizing execution and delivery of an official statement and bond purchase agreement for the Burlingame Financing Authority storm drainage revenue bonds, Series 2010. Councilman Deal made a motion to adopt Resolution No. FA3-2010; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. 8 Burlingame City Council July 19,2010 Approved Minutes 5. ADJOURNMENT Mayor Baylock adjourned the meeting at 10:41 p.m. Respectfully submitted, 14,1 Mary Ellen Kearney City Clerk 9 Burlingame City Council July 19,2010 Approved Minutes