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Home My WebLink AboutMin - CC - 2011.11.21 CITY 0 BURLINGAME 'McD9a '*ATE WDOUWE 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of November 21, 2011 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 Terry Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Rudy Horak. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Baylock made a motion to approve the minutes of the November 7, 2011 regular Council meeting as amended; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATIONS a. PRESENTATION TO STAN VISTICA IN RECOGNITION OF HIS COMMUNITY SERVICE Mayor Nagel presented Stan Vistica with a plaque in recognition of his outstanding community service while on the Planning Commission and the Green Committee. He is currently the longest serving commissioner in the City. Councilmembers praised Mr. Vistica as consummate professional and for his influence in developing design review for Burlingame. The following community members spoke in recognition of Mr. Vistica's many contributions to Burlingame: Tom Paine; Mark Hudak; Jennifer Pfaff, Pat Giorni; Rosalie O'Mahony and Russ Cohen. Mr. Vistica spoke of his deep pride of his son. Stan humbly thanked everyone for the special recognition. He noted that he is not alone in service to the community. There are many others who are working just as hard for the community. Mr. Vistica gave special thanks to Meg Monroe, former Burlingame City Planner who planted the hooks of planning in him and as a result he is still here. 1 Burlingame City Council November 21, 2011 Approved Minutes b. PRESENTATION OF DIVERSITY AWARD FROM THE HISPANIC CHAMBER OF COMMERCE TO SYED MURTUZA Mayor Nagel presented Syed Murtuza with the Hispanic Chamber of Commerce Diversity Award and certificates of recognition from State Assembly members Jerry Hill and Fiona Ma. Syed Murtuza said he was deeply humbled by this recognition and the very uplifting moment. Mr. Murtuza said he shares the award with his Public Works staff. He thanked the Council for their help in providing clear and concise direction. Mr. Murtuza also thanked City Manager Jim Nantell. He said he considers it a privilege to work with the Burlingame community. 6. PUBLIC HEARING a. ADOPTION OF A RESOLUTION APPROVING AND LEVYING 2012 TOURISM BUSINESS IMPROVEMENT DISTRICT Mayor Nagel opened the public hearing City Attorney Gus Guinan presented the staff report and requested Council adopt Resolution No. 77-2011 approving and levying 2012 Tourism Business Improvement District. There were no speakers. Mayor Nagel closed the public hearing. Mr. Guinan reported out that there was not a majority protest. Councilwoman Keighran made a motion to adopt Resolution No. 77-2011 approving and levying 2012 Tourism Business Improvement District seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. 7. PUBLIC COMMENTS The following Burlingame residents spoke: Rudy Horak spoke regarding the proposed Recology 25%rate increase. He thanked the Finance Director for a wonderful staff report on the matter. Rosalie O'Mahony spoke on Syed Murtuza's recognition, thanking him for his meticulous work. Andrew Peceimer asked what options are there if the City decides not to go with the garbage rate increase. 8. STAFF REPORTS AND COMMUNICATIONS a. APPROVAL OF PROPOSTION 218 NOTICE OF PUBLIC HEARING TO CONSIDER A MAXIMUM 25% INCREASE IN SOLID WASTE AND RECYCLING RATES FOR 2012 Finance Director Jesus Nava presented the staff report. He noted that there are not many options to the rate increase. Mr. Nava pointed out that the City will have to get a better handle on future expenses. The Council discussed, among other things their frustration with the Joint Powers Authority. It was also suggested that it may be a good idea to hire an independent auditor. 2 Burlingame City Council November 21,2011 Approved Minutes Councilwoman Keighran made a motion to approve Proposition 218 Notice of Public Hearing to consider a maximum 25% increase in solid waste and recycling rates for 2012 seconded by Vice Mayor Deal. The motion was approved unanimously by voice vote, 5-0. b. APPROVAL OF TENTATIVE AGREEMENT WITH BURLINGAME ASSOCIATION OF MIDDLE MANAGERS, DEPARTMENT HEADS AND UNREPRESENTED EMPLOYEES Human Resource Director Dolan presented the staff report. She commended the Burlingame Association of Middle Managers (BAMM) negotiating team (Linda Santo, Joe Cyr, Barry Mills, Gordon Gottsche) who worked extremely hard to bring about a fair agreement. Ms. Dolan also thanked the Department and Unrepresented groups for their leadership and support with this agreement. Councilman Brownrigg commended Ms. Dolan for all her hard work on this agreement. He noted that this is one of the most important things done since he has been on the Council. He also gave a small shout out to the police union who were the first to propose defined contributions to health for new hires. Mayor Nagel also commended Ms. Dolan and the negotiating team. She said this is a real breakthrough for our City. It is not something that has happened over night; it has been in our focus for about five years. Mayor Nagel said the Council is appreciative of all the hard work the City employees do. These agreements will allow our City to finally tackle the issues that are facing all cities throughout California. Councilman Brownrigg made a motion to approve the tentative agreement with the Burlingame Association of Middle Managers; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to approve the tentative agreement with the Department Heads and Unrepresented Employees groups; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. 9. CONSENT CALENDAR City Attorney Guinan recommended that since several people have requested to speak on item 9f that the matter be pulled from the Consent Calendar for discussion. Vice Mayor Deal made a motion to approve items "a"through"e" of the consent calendar; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. a. ADOPT A RESOLUTION MODIFYING THE TYPE TABLE FOR FOOD ESTABLISHMENTS WITHIN THE BURLINGAME AVENUE CQMMERCIAL DISTRICT CDD Meeker requested Council approve Resolution No. 78-2011 modifying the type table for food establishments within the Burlingame Avenue Commercial District. b. ADOPT A RESOLUTION ACCEPTING THE DOWNTOWN BURLINGAME AVENUE WATER, SEWER AND STORM DRAIN REPLACEMENT PROJECT, PHASE 1A DPW Murtuza requested Council approve Resolution No. 79-2011 accepting the Downtown Burlingame Avenue Water, Sewer and Storm Drain Replacement Project, Phase IA. 3 Burlingame City Council November 21,2011 Approved Minutes C. ADOPT A RESOLUTION ACCEPTING THE HILLSIDE RESERVOIR PUMP STATION EMERGENCY GENERATOR REPLACEMENT PROJECT DPW Murtuza requested Council approve Resolution No. 80-2011 accepting the Hillside Reservoir Pump Station Emergency Generator Replacement Project. d. ADOPT A RESOLUTION ACCEPTING HOWARD AVENUE STREET LIGHTING PROJECT BY TENNYSON ELECTRIC, INC. DPW Murtuza requested Council approve Resolution No. 81-2011 accepting the Howard Avenue Street Lighting Project by Tennyson Electric, Inc. e. ADOPT A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HATCH MOTT MAC DONALD FOR THE ENGINEERING DESIGN OF SANCHEZ AVENUE SANITARY SEWER BYPASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT, PHASE 2. DPW Murtuza requested Council approve Resolution No. 82-2011 authorizing a professional services agreement with Hatch Mott MacDonald for the engineering design of Sanchez Avenue Sanitary Sewer Bypass and Neighborhood Sewer Rehabilitation Project,Phase 2. f. ADOPT A RESOLUTION REJECTING THE NON-RESPONSIVE LOW BID AND AWARDING A CONSTRUCTION CONTRACT TO ANDERSON PACIFIC ENGINEERING FOR THE MARSTEN STORM WATER PUMP STATION REHABILITIATION PROJECT Public Works Director Murtuza requested Council approve Resolution No. 83-2011 rejecting the non- -� responsive low bid of Disney Construction and awarding a construction contract to Anderson Pacific Engineering for the Marsten Storm Water Pump Station Rehabilitation Project. The Disney bid violated a contract requirement that limited the price for mobilization to 5% of the contract total. Their bid contained a price for mobilization of$450,000 which was 9.8% of the project total. All other bidders conformed to this requirement. As a result, their bid is non-responsive and staff recommends its rejection. Attorney Bill McInerney, Jr. spoke on behalf of his client, Anderson Pacific Engineering. He urged the Council to adopt the staff recommendation and not waive the irregularity. He said once a bid is opened it cannot be changed after the fact. Mr. McInerney stated a bidder cannot be given an advantage over other bidders. Attorney James Sell spoke on behalf of his client, Disney Construction. He said there is no way his clients were given an unfair bid advantage, it would not have changed the bottom line number. Councilmember Brownrigg stated that it does not convey a great deal of confidence to him that one can just take $225,000 and scatter it throughout the bid and that would be ok. Mayor Nagel closed the public comment period. Mayor Nagel asked Mr. Murtuza what would happen if the Council rejected all bids. Mr. Murtuza explained that by rejecting all bids it would cause a delay, essentially extending the project time. The project would possibly run into the winter season which would cause additional costs associated with winterization. 4 Burlingame City Council November 21,2011 Approved Minutes Vice Mayor Deal asked City Attorney Guinan how he would advise the Council to vote on the matter. Mr. Guinan said his recommendation would be consistent with that of staff. Councilwoman Keighran made a motion to adopt Resolution No. 83-2011 rejecting the non-responsive low bid of Disney Construction and awarding a construction contract to Anderson Pacific Engineering for the Marsten Storm Water Pump Station Rehabilitation Project; seconded by Councilman Brownrigg. The motion was approved unanimously by voice vote, 5-0. 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 Pat Giorni spoke regarding the High Speed Rail Business Plan. She also stated she is not getting any response from PG&E regarding wooden light standards being out. Mayor Nagel said she will make sure that PG&E is made aware of the situation. 12. OLD BUSINESS 13. NEW BUSINESS a. APPOINTMENT OF AD HOC SUBCOMMITTEE TO NEGOTIATE AGREEMENT WITH CITY MANAGER This item was tabled until after the Closed Session. Councilman Brownrigg and Mayor Nagel were selected to serve as the Ad Hoc Subcommittee to negotiate an agreement with the City Manager. b. HIGH SPEED RAIL BUSINESS PLAN Mayor Nagel stated that the item was put on the agenda to see if the Council would like to submit comments on the High Speed Rail Business Plan before the end of the comment period. After Council discussion, it was agreed by consensus that a comment letter should be submitted. Mayor Nagel asked Councilman Brownrigg to prepare a draft comment letter for her signature. 14. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety& Parking, September 8, 2011; Parks &Recreation, October 20, 2011 b. Department Reports: Building, October 2011; Fire, October, 2011; Finance, October 2011 15. ADJOURN TO CLOSED SESSION 5 Burlingame City Council November 21,2011 Approved Minutes CLOSED SESSION a. Conference with Labor negotiator—Government §54957.6(a) City Negotiators: Deirdre Dolan, Gus Guinan Employee Organizations: City Manager—unrepresented b. Public Employee Performance Evaluation—Government §54957(b)(1) Public Employee: City Manager CA Guinan advised that Council met in closed session and discussed two labor negotiation matters. CA Guinan said that Council gave direction on these items and there was no further reportable action. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:30 p.m. Respectfully submitted, A/ Ana Maria Silva Acting City Clerk 6 Burlingame City Council November 21,2011 Approved Minutes