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HomeMy WebLinkAboutMin - CC - 2010.06.21 CITY 0 BURUNGAME 4 �ANTFO JVNFb BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of June 21, 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 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, Glenn Berkheimer Employee Organizations: AFSCME 829, AFSCME 2190, BAMM, Fire Administration, IAFF 2400, Police Administrators, Police Officers Association, Teamsters Local 856, and Department Head/Unrepresented CA Guinan advised that the Council met in closed session with the Real Property Negotiator and gave �-' direction to the Real Property Negotiator on the named property. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Coach Rich Sciutto. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Mayor Baylock made an addition to item 5a of the June 7, 2010 minutes to add the statement, after participating, " in nine seasons of after school sports for three years." Councilman Brownrigg made a correction to item 8b to add the statement "that the City staff look into levying a fee on limited food service to defray the City's cost for garbage removal." Vice Mayor Nagel made a motion to approve the amended minutes of the June 7, 2010 regular Council meeting; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. 1 Burlingame City Council June 21, 2010 Approved Minutes 5. PRESENTATIONS a. PRESENTATION BY THE BURLINGAME CRITERIUM ORGANIZERS ON THE 2010 `.. BURLINGAME CRITERIUM & RYAN PHUA MEMORIAL KIDS RIDE SCHEDULED FOR SUNDAY, JUNE 274 2010, AND AUTHORIZATION TO HAVE CITY STAFF WORK WITH THE CHAMBER OF COMMERCE TO RELOCATE THE FRESH MARKET TO PRIMROSE ROAD ON EVENT DAY Travis Ma of the Burlingame Criterium gave an update of the annual event and assured the Council that arrangements had been made for the trash removal. Councilman Deal made a motion to authorize City staff to work with the Chamber of Commerce to relocate the Fresh Market to Primrose Road on the day of the event; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5 — 0. b. RECOGNITION OF VEOLIA WATER FOR SPONSORING THE 2010 MUSIC IN THE PARK CONCERT SERIES IN WASHINGTON PARK Recreation Supervisor Tim Barry requested Council recognize Bill Toci of Veolia Water for sponsoring the Music in the Park every year since 2004 and their $5,000 donation to cover the cost of the four concerts in July 2010. Bill Toci spoke and presented the Council with a $5,000 check. C. PRESENTATION OF SCHOLARSHIP FROM DE LA ROSA & CO., INVESTMENT BANKERS TO BURLINGAME HIGH SCHOOL GRADUATE, MS. KIMBERLY WONG John Kim of De La Rosa & Co. presented Burlingame High School graduate Kimberly Wong with a scholarship from De La Rosa & Co. and congratulated her on the fine achievement. d. RECOGNITION OF BURLINGAME HIGH SCHOOL VARSITY BASEBALL TEAM Mayor Baylock presented proclamations to the following team members: Forrest Armanino, Ryan Bender, Chris Blanton, Danny Cuddy, Max Elia, Dean Ferrari, Mitch Foley, Justin Kuh, Bryan Kuh, Nicholas Martinez, Saamy Phan, D. J. Sharabi, Zac Taylor, Nikolas Gutierrez, Zac Grotz, Nick Baylock and congratulated them on their exceptional victory. 6. PUBLIC HEARINGS a. PUBLIC HEARING AND APPROVAL OF THE FY 2010-2011 BUDGET ADOPTION AND GANN LIMIT RESOLUTIONS FinDir Nava requested Council hold a public hearing and adopt the Fiscal Year 2010-2011 Budget and adopt Resolution No. 42-2010 adopting Operating and Capital Improvement Budgets for the City of Burlingame for Fiscal Year 2010-2011 and adopt Resolution No. 43-2010 establishing 2010-2011 Appropriation Limit for the City of Burlingame pursuant to Article XIII B of the California Constitution. Mayor Baylock opened the public hearing and Burlingame resident, Pat Giorni spoke. There were no further comments from the floor, and the hearing was closed. 2 Burlingame City Council June 21, 2010 Approved Minutes Councilwoman Keighran made a motion to adopt Resolution No. 42-2010; seconded by Vice Mayor Nagel The motion was approved unanimously by voice vote, 5 — 0. Councilwoman Keighran made a motion to adopt Resolution No. 43-2010; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5 — 0. b. ADOPT AN ORDINANCE FOR AN AMENDMENT TO TITLE 25 OF THE MUNICIPAL CODE, ZONING, TO AMEND THE REQUIREMENTS TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN SUBAREA A OF THE BURLINGAME COMMERCIAL AREA CDD Meeker reviewed the staff report and requested Council adopt Ordinance No. 1849-2010 amending Chapter 25.36 of Title 25 of the Burlingame Municipal Code amending the requirements to allow up to five additional food establishments in Subarea A of the Burlingame Avenue commercial area. Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Keighran made a motion to adopt Ordinance No. 1849-2010; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5 — 0. 7. PUBLIC COMMENTS The following Burlingame residents spoke about Item 8c: Charles Voltz, Jeff Carter, Jim Baleix, Juan Martinez, Debbie Flowers, Carol Alexander, Mary Hunt, Janet McDonald, Ted Crocker, David Harris, Robin Houge, Joe Cecco. The following Burlingame business owners spoke about item 8c: Joe Putnam, Cheryl Putnam, Rick Corso and Ken Schrum. Burlingame resident, Andrea Bachrach spoke about the change of �.. retail businesses on Burlingame Avenue. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE FOR THE REMOVAL OF 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 introduction of this ordinance was necessitated by complaints from businesses along Gilbreth that the current four hour street parking limit was insufficient for the parking needs of the employees and businesses. He said the Traffic, Safety and Parking Commission agreed upon a possible solution of enforcing a vehicle height limit so as to prevent large trucks from parking on Gilbreth Road. Councilwoman Keighran asked the height requirement of the vehicle height restriction; Traffic Engineer Chou advised that it is six feet. Councilman Deal stated that trucks are parking in that area beyond the 72 hour limit and DPW Murtuza advised that similar parking limitations to this one are being considered for other streets in that area. Councilman Deal requested that CDD Meeker confirm the zoning regulation for the use of streets for truck parking by businesses. CDD Meeker advised that the zoning regulations require that the vehicles be parked on the property where the business is located. Councilman Brownrigg made a request of staff that, when an issue such as this is brought before a commission, it would be beneficial to show how the particular commission voted on the item. 3 Burlingame City Council lune 21, 2010 Approved Minutes Mayor Baylock requested CC Kearney read the title of the proposed ordinance amending section 13 .36.042 of the Burlingame Municipal Code to establish four-hour parking zones and installation of vehicle height limit signs along the east side of Gilbreth Road. Councilwoman Keighran made a motion to waive further �. reading of the proposed ordinance; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilwoman Keighran. The motion was approved unanimously 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. INTRODUCE AN ORDINANCE AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE TO REVISE THE LENGTH OF TIME THE BUILDING OFFICIAL CAN GRANT EXCEPTIONS TO THE CONSTRUCTION HOURS REQUIREMENTS CDD Meeker reviewed the proposed Ordinance that would 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. As is currently the case, the Building Official's waiver can only be granted in instances where an exception is necessary to protect the public health and safety. CDD Meeker advised that this proposed amendment was due to a letter submitted by Safeway requesting an exception to the construction hours noise requirements for a period of fifteen days from January 15, 2011 to February 1 , 2011 . Safeway requested that they be allowed to begin construction at 5 :00 a.m. on Monday through Friday and 6:00 a.m. on Saturdays and Sundays. This exception is based on the need to implement measures to protect the public safety during the construction period; specifically during placement of the "tilt-up" panels that are used for the shell of the Safeway building. CDD Meeker indicated that this �..- procedure can be completed by 9:00 a.m. so as to reduce impacts upon nearby businesses. After considerable Council discussion and concerns, it was decided that the item be brought back at the next Council meeting with the following changes: eliminate the early start hours on Sundays, and only allow the Building Official to grant a seven day extension, rather than a 20 day extension, and anything beyond seven days would require Council approval. C. COUNCIL REVIEW AND DIRECTION REGARDING DRAFT CITY COMMENTS ON HIGH SPEED RAIL PRELIMINARY ALTERNATIVES ANALYSIS DPW Murtuza addressed the Council and gave a thorough presentation on the High Speed Rail Alternatives Analysis review and response. He provided background on the project, and reviewed in detail the three alternatives being considered for Burlingame. He also provided a summary of the community stakeholders input, and the public's comments. He reviewed the draft city comments to be submitted to the High Speed Rail Authority outlining the numerous major issues that were not addressed in the High Speed Rail preliminary alternatives analysis, dated April 8, 2010. DPW Murtuza also assured Council that the City would be notifying the high speed rail authority that the City of Burlingame would only accept an underground alternative for the project. Council discussion and questions followed and all the Council members expressed their concerns such as, the impact on Caltrain funding; preservation of the many Burlingame historic resources; the deep tunnel alternative proposed for some other cities but not Millbrae, Burlingame or San Mateo; alternate routes, such as highway 101 ; the impact on the surrounding neighborhood; the cost for the project and the sources of funding; health and safety issues; the need for an economic study and possible redevelopment opportunities 4 Burlingame City Council June 21, 2010 Approved Minutes associated with the underground option; emergency response delays from construction; work with other cities and write a letter that strongly captures all the concerns; Caltrain not going to benefit as was originally thought. All the Council members expressed their gratitude to the members of the public who attended the meeting and have been involved in getting the word out, and thanked the new members of the public for attending and learning about the project. Council urged all the residents to provide their comments and get in touch with their legislators, those in office, and those running for office. Councilman Brownrigg recommended that the Council send a cover letter, along with the summary comments on the high speed rail alternatives analysis report, succinctly expressing the City's concerns and strong opposition to the elevated structure alternative and the City's support for high speed rail underground through Burlingame. He offered to provide his written, draft comments to the City staff. He also recommended that the cover letter be signed by the Mayor and each Council member to lend more importance to the letter, and to show their commitment to the community. Mayor Baylock opened the floor for public comments and the following Burlingame residents spoke: Carol Alexander, Pat Giorni, Debbie Flowers, Jeff Carter, Ted Crocker, Charles Voltz and Jim Baleix. 9. CONSENT CALENDAR Councilwoman Keighran asked to remove 9h for further discussion; Vice Mayor Nagel asked to remove item 9i for further clarification. Councilman Brownrigg made a motion to approve items 9a, b, c, d, e, f, g of the consent calendar; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION ACCEPTING THE 2009 CITYWIDE SEWER REHABILITATION PROJECT, PHASE 1 DPW Murtuza requested Council adopt Resolution No. 44-2010 accepting improvements to the 2009 Citywide Sewer Rehabilitation Project, Phase 1 by Pacific Trenchless, Inc. b. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO McNAMARA AND SMALLMAN CONSTRUCTION, INC. FOR THE 2010 CITYWIDE SANITARY SEWER REHABILITATION PROJECT DPW Murtuza requested Council adopt Resolution No. 45-2010 awarding the contract for 2010 Citywide Sewer Rehabilitation Project to McNamara & Smallman Construction, Inc. C. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH WILSEY HAM CONSULTANTS FOR THE ENGINEERING DESIGN OF THE BURLINGAME AVENUE DOWNTOWN AREA WATER, SEWER AND STORM DRAIN SYSTEMS REPLACEMENT PROJECT DPW Murtuza requested Council adopt Resolution No. 46-2010 authorizing execution of an agreement for professional services with Wilsey Ham Consultants for the Burlingame Avenue downtown area water, sewer, and storm drain replacement. 5 Burlingame City Council June 21, 2010 Approved Minutes d. APPROVE PENINSULA CONFLICT RESOLUTION CENTER MEDIATION SERVICES CONTRACT FOR 2010/2011 FinDir requested Council adopt Resolution No. 47-2010 authorizing the City Manager to execute an agreement with Peninsula Conflict Resolution Center for the provision of conflict resolution services for Fiscal Years 2010-2011 . e. APPROVE BURLINGAME CHAMBER OF COMMERCE PROMOTIONAL SERVICES CONTRACT FOR 2010/2011 FinDir requested Council adopt Resolution No. 48-2010 authorizing the City Manager to execute an agreement with the Burlingame Chamber of Commerce to provide information and promotion services in 2010-2011 . f. ADOPT A RESOLUTION TO RENEW THE INFORMATION SERVICES CONTRACT WITH CAINE COMPUTER CONSULTING, LLC TO PROVIDE INFORMATION TECHNOLOGY SERVICES FOR THE POLICE DEPARTMENT Acting PC Woods requested Council adopt Resolution No. 49-2010 approving and authorizing the Mayor to execute an agreement with Caine Computer Consulting, LLC to provide information technology services to the City's Police Department for Fiscal Year 2010-2011 . g. APPROVE CANCELATION OF THE REGULAR COUNCIL MEETING SCHEDULED FOR AUGUST 2, 2010 CC Kearney requested Council cancel the August 2, 2010 regular Council Meeting. h. COMMUNITY GROUPS FUNDING REQUESTS FOR FISCAL YEAR 2010-2011 Councilwoman Keighran wanted to clarify that her recommended $2,000 allocation for item 9h, Safe Harbor organization, was inadvertently left off the form, but had now been added. Councilman Deal made a motion to approve the Community Funding requests from all the organizations, with the exception of Community Overcoming Relationship Abuse (CORA) and the Burlingame Historical Society; seconded by Vice Mayor Nagel. The motion was approved unanimously by voice vote, 5-0. Due to the fact that Councilwoman Keighran sits on the board of CORA, she recused herself and left the room. Councilman Deal made a motion to approve the funding request from CORA; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 4-0- 1 (Keighran abstained). Burlingame resident, Pat Giorni spoke on item 9h. Due to the fact that Mayor Baylock sits on the board of the Burlingame Historical Society, she recused herself and left the room. Councilman Deal made a motion to approve the funding request from the Burlingame Historical Society; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 4-0- 1 (Baylock abstained). 6 Burlingame City Council June 21 , 2010 Approved Minutes i. APPROVE COMMUNITY RECOGNITION AWARDS POLICY Vice Mayor Nagel requested that a change be made to item 9i, page 3, under Selection, second sentence, should read "They also may not volunteer, nor serve on a board for which a nominee is being considered." The same correction was made to page 5, under Selection, second sentence of the second paragraph. Vice Mayor Nagel made a motion to approve amended item 9i; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council postponed the Council Committee reports until the next meeting. 11. PUBLIC COMMENTS Burlingame resident, Rosalie McCloud spoke about how few people attended the meeting to be updated on the high speed rail project. There were no further comments from the public. 12. OLD BUSINESS Councilwoman Keighran asked if there was any follow up to her request at the last Council meeting concerning the Park Road Post Office property. CM Nantell said he would follow up with CDD Meeker. 13. NEW BUSINESS Councilwoman Keighran requested that construction hours on Sundays be placed on a future agenda for discussion. Councilman Deal spoke about the landscaping requirements and maintenance of businesses on Bayshore Blvd. He also reported that the Peninsula Congestion Relief Alliance had requested cities develop an ad hoc committee to review the transportation issues of local communities. 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. 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, May 18, 2010; Parks & Recreation, May 20, 2010; Beautification, June 3, 2010 b. Department Reports: Police, May 2010; Finance, May 2010 15. ADJOURNMENT Mayor Baylock adjourned the meeting at 11 :00 p.m. in memory of Don Cory. Respectfully submitted, J:_S/ �.,. Mary Ellen Kearney City Clerk 7 Burlingame City Council lune 21, 2010 Approved Minutes