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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of April 4,2011
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 Rosalie O'Mahony.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Brownrigg,Deal, Keighran,Nagel
COUNCILMEMBERS ABSENT: None
4. MINUTES
Vice Mayor Deal made a correction to the March 21, 2011 minutes to remove the words"wait two years"
under item 12a, on page 5. Councilwoman Keighran made a motion to approve the amended minutes of the
March 21, 2011 regular Council meeting; seconded by Councilwoman Baylock. The motion was approved
unanimously by voice vote, 5-0.
5. PRESENTATIONS
a. PRESENTATION OF AN AWARD TO THE CITY OF BURLINGAME FROM THE NATIONAL
ENVIRONMENTAL HALL OF FAME
Bill Schulte, Board Chair for Sustainable San Mateo County presented Mayor Nagel with an award inducting
the City of Burlingame into the Environmental Hall of Fame in recognition of helping the environment with
its sustainable initiatives. Mayor Nagel accepted the award with the other Council members and some of the
members of the Citizens Environmental Council.
b. PRESENTATION BY THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION ON THE
CRYSTAL SPRING PIPELINE CONSTRUCTION ON EL CAMINO REAL
Susan Hou, Project Manager for the Crystal Springs Pipeline No. 2 Replacement Project gave a presentation
on the need to replace the aging Hetch Hetchy water system since it crosses three of the most active
earthquake faults. She advised that the work will begin during the summer and will take approximately ten
months. She noted the work areas in Burlingame and the traffic impact.
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Ms. Hou introduced Daniel Jaimes, Regional Public Outreach Consultant who identified the community
concerns and the community outreach initiatives. Council expressed their desire for electronic signage and
DPW Murtuza said that staff is working with a sign company for same. Council also stressed the need for
notification to the residents and Mr. Jaimes assured the Council there would be notifications sent to the
residents as soon as the timelines are definite.
6. PUBLIC HEARING
a. CONSIDER(1) ADOPTION OF AN ORDINANCE AMENDING THE SAN MATEO
COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ORDINANCE TO INCLUDE
THE CITY OF BRISBANE WITHIN THE DISTRICT AND TO ADD ONE
REPRESENTATIVE TO THE ADVISORY BOARD TO REPRESENT THE BRISBANE
AREA; AND (2) ADOPT A RESOLUTION APPROVING AND LEVYING THE 2011 SAN
MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS ON
THE HOTEL BUSINESSES IN THE CITY OF BRISBANE
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 Nagel 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.
Mayor Nagel requested CC Kearney read the title of the ordinance amending the San Mateo County Tourism
Business Improvement District Ordinance to include the City of Brisbane within the District as part of
Benefit Zone A and to add one representative to the Advisory Board to represent Brisbane. Councilman --N
Brownrigg made a motion to waive further reading of the ordinance; seconded by Councilwoman Baylock.
The motion was approved unanimously by voice vote, 5-0.
Councilwoman Keighran made a motion to adopt Ordinance No. 1859-2011 amending the San Mateo
County Tourism Business Improvement District to include the City of Brisbane within the District and to add
one representative to the Advisory Board to represent Brisbane; seconded by Vice Mayor Deal. The motion
was approved unanimously by voice vote, 5-0. Mayor Nagel requested CC Kearney publish a summary of
the ordinance within 15 days of adoption.
Councilwoman Baylock made a motion to adopt Resolution No. 17-2011 of the City of Burlingame
approving and levying the 2011 San Mateo County Tourism Business Improvement District assessments of
the hotel businesses within the City of Brisbane; seconded by Councilwoman Keighran. The motion was
approved unanimously by voice vote, 5-0.
7. PUBLIC COMMENTS
Burlingame residents James Keith, Donna Palmer, Michael Wiebracht, and Mica Eades all spoke about the
flooding problem at 735 El Camino Real. Burlingame resident Rosalie O'Mahony spoke about the
Broadway overpass. Burlingame resident Jeff Londer, spoke on behalf of Stan Vistica, about item 5a.
Burlingame business owners Dale Ferrel and Riyad Salina spoke about item 8c. Pat Giorni spoke about
item 9e,the Broadway overpass, and item 8d. There were no further comments from the floor.
At the conclusion of the Public Comments, Mayor Nagel requested that item 13a be discussed since it
pertained to comments made by some of the speakers during public comments.
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DPW Murtuza gave a presentation of the damage from the intense rainfall that took place on March 24,
2011. He advised that the City received 2 1/2inches of rainfall in 12 hours and received over 85 storm related
phone calls in just eight hours. He reminded the members of the public that El Camino Real is the
responsibility of Caltrans,not the City, although recently the City did clean up the catch basins on El Camino
in anticipation of the storm. The flooding at 735 El Camino Real was due in a large part to the fact that the
building does not have a City standard, 12 inch raised driveway which would have minimized the impact.
Council discussion followed and Council agreed to set up a meeting with Caltrans,Hillsborough and the
representatives from 735 El Camino Real.
8. STAFF REPORTS AND COMMUNICATIONS
a. CONSIDER APPOINTMENTS TO THE PLANNING COMMISSION
CC Kearney gave each Councilmember a ballot to vote for two of the eight candidates. The ballot
submissions resulted in the two incumbents, Michael Gaul and Sandra Yie, receiving five out of five votes.
The two successful candidates were appointed to the Planning Commission to serve for a four year term,
ending 2015.
The Council members agreed that all the applicants were qualified and suggested that they be appointed to
subcommittees should the need arise. It was also noted that the incumbents, Ms. Yie and Mr. Gaul, were
both serving in partial terms so this appointment would be their first time serving for a full term.
b. RESOLUTION OF INTENTION TO LEVY BROADWAY AVENUE BUSINESS
IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2010-2011 AND
SETTING A PUBLIC HEARING FOR MAY 2 2011
FinDir Nava reviewed the staff report and requested Council approve the 2010-2011 Broadway Area
Business Improvement District annual report and adopt a Resolution of Intention to levy assessments for
Fiscal Year 2011-12; and set a public hearing for Monday, May 2, 2011.
Councilwoman Baylock made a motion to approve the 2010-2011 Broadway Area Business Improvement
District annual report; seconded by Vice Mayor Deal. The motion was approved unanimously 5-0.
Councilman Brownrigg made a motion to approve Resolution No. 18-2011 approving the 2010-2011
Broadway Area Business Improvement District Annual Report declaring its intention to establish and levy
2011-2012 assessments for the Broadway Area Business Improvement District; seconded by Councilwoman
Keighran. The motion was approved unanimously 5-0.
C. COUNCIL DIRECTION REGARDING BURLINGAME AVENUE INFRASTRUCTURE
DPW Murtuza gave a presentation and provided feedback from property owners, downtown business
improvement district representatives, and merchants.
He advised that the cost to do the entire project, including utility work, roadway resurfacing and streetscape
improvements is estimated at$13.5 million with an estimated$8 million funding shortfall for the streetscape
improvements. He further advised that staff has applied for Measure A grant funds which, if received, would
help lower the contribution from the property owners. He reviewed the three financing options that staff
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discussed with the property owners and said there was strong support for the infrastructure improvements,
but they were concerned how to finance the construction.
DPW Murtuza Council addressed the Council's questions and concerns and Council members expressed
their desire to attend future meetings with the property owners. DPW Murtuza said that the City would hold
regular workshops with the property owners and the residents.
Council directed DPW Murtuza to go forward with a request for proposals to select, qualified landscape
architecture and engineering firms for streetscape design. Council also agreed that the Downtown Specific
Plan Implementation Subcommittee Committee members Vice Mayor Deal and Councilwoman Keighran
serve as the subcommittee to work with staff on the project development.
d. COUNCIL APPOINTMENT OF A DIRECTOR TO THE BOARDS OF BAY AREA WATER
CONSERVATION AGENCY (BAWSCA)AND BAY AREA REGIONAL WATER
FINANCING AUTHORITY (RFA)
Councilwoman Keighran made a motion to reappoint Rosalie O'Mahony to serve as a Director to the Boards
of Bay Area Water Conservation Agency(BAWSCA) and Bay Area Water Financing Authority (RFA);
seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0.
9. CONSENT CALENDAR
Councilwoman Keighran requested item 9g be removed for further discussion. Councilman Brownrigg
requested item 9e be removed for further discussion. Councilwoman Baylock made a motion to approve
items 9a, 9b, 9c, 9d, and 9f of the consent calendar; seconded by Councilwoman Keighran. The motion was -�
approved unanimously by voice vote, 5-0.
a. APPROVE A RESOLUTION ORDERING AND CALLING A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8,2011
CC Kearney requested Council approve Resolution No. 19-2011 ordering and calling a general municipal
election to be held in the City of Burlingame on November 8, 2011; requesting the services of the Registrar
of Voters, requesting consolidation of elections, and specifying certain procedures for the consolidated
election; requiring payment of prorated costs of candidates' statement; and providing for giving notice of
election.
b. ADOPT A RESOLUTION APPROVING A SIX MONTH EXTENSION OF LABOR
AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES (AFSCME)LOCAL 829
HRD Dolan requested Council adopt Resolution No. 20-2011 approving and authorizing the City Manager to
execute a six month extension of the City's labor agreement with American Federation of State, County and
Municipal Employees (AFSCME) Local 829.
c. ADOPT A RESOLUTION APPROVING STREET CLOSURE FOR ART IN THE PARK ON
JUNE 11 & 12,2011
P&RD Skeels requested Council adopt Resolution No. 21-2011 approving the closure of streets in
connection with the Burlingame Art in the Park event in Washington Park.
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d. ADOPT A RESOLUTION ACKNOWLEDGING AND SUPPORTING THE LIFE SCIENCES
SECTOR AND THE ROLE OF BAYBIO'S CONFERENCE IN STRENGTHENING THE LIFE
�. SCIENCES INDUSTRY
CDD Meeker requested Council adopt Resolution No. 22-2011 acknowledging and supporting the life
sciences sector and the role of BayBio's conference in strengthening the life sciences industry.
e. FY 2011-2012 ON GENERAL FUNDS CAPITAL IMPROVEMENT PROGRAM
Councilman Brownrigg was pleased that the Park money had been reprogrammed but commented that it
would be beneficial to know what other department signs off on projects with large sums of money.
Council commented on some of the capital improvements program projects that were outlined in the staff
report, especially the Broadway project.
Councilwoman Baylock made a motion to approve item 9e; seconded by Councilman Brownrigg. The
motion was approved unanimously by voice vote, 5-0.
f. ADOPT A RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT TO
HATCH MOTT MCDONALD FOR THE ENGINEERING DESIGN OF SANCHEZ AVENUE
BYBASS AND NEIGHBORHOOD SEWER REHABILITATION PROJECT,PHASE 1
DPW Murtuza requested Council adopt Resolution No. 23-2011 authorizing execution of an agreement for
professional services with Hatch Mott MacDonald for the engineering design of Sanchez Avenue bypass and
neighborhood sewer rehabilitation project,phase 1.
g. APPROVE AMENDMENT TO THE CITY COUNCIL GOALS FOR FISCAL YEARS
2010-2011 AND 2011-2012 BY ELIMINATING THE BUSINESS LICENSE TAX ORDINANCE
REVIEW AND POTENTIAL NOVEMBER 2011 BALLOT MEASURE
Councilwoman Keighran reiterated her desire to not dismiss the idea of increasing the business license tax
that she has been recommending since 2005. She further contended that the business license fee is
completely different than any other possible assessment fee since it pertains to all the businesses in
Burlingame,not just the ones in the downtown area.
Vice Mayor Deal made a motion to approve item 9g; seconded by Mayor Nagel. The motion was not
approved by Councilwoman Keighran, Councilwoman Baylock, and Councilman Brownrigg requested a roll
call vote. Mayor Nagel asked CC Kearney for a roll call vote. Councilwoman Baylock, Councilman
Brownrigg, Councilwoman Keighran voted no; Vice Mayor Deal and Mayor Nagel voted yes.
Mayor Nagel suggested a new motion. Councilman Brownrigg made a motion to pend any expenditure of
budget dollars or staff time for the next six months on this particular objective, and in the next calendar year
reconsider what type of revision to the business license tax should be considered for the ballot in the 2013
election; seconded by Councilwoman Baylock. The motion was approved by voice vote, 3-1-1 (Keighran
voted no; Deal abstained).
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FinDir Nava advised that it would take a year to survey the community and gain an understanding of what
the voters want. He also said if the Council was considering placing it on the 2013 ballot, the budget for
2012-2013 would include the cost for a consultant to conduct the survey. --�
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, Pat Giorni spoke on several items. Burlingame resident, Charles Voltz spoke on item
12a. There were no further comments from the floor.
12. OLD BUSINESS
a. HIGH SPEED RAIL UPDATE, DISCUSSION AND SUPPORT FOR AB 952 & AB 953
Councilwoman Baylock discussed the proposal for phased implementation and asked for feedback. DPW
Murtuza advised that the phased implementation has not been defined and there are still a series of studies
that need to be done on ridership, number of trains,number of tracks, etc. He recommended not providing
any feedback until the studies have been completed.
Councilman Brownrigg recommended the Council write a letter, and Council agreed, in support of AB 952
to support stronger ethics rules for the High Speed Rail Authority and AB 953 that no funds from
Proposition IA could be used for the high speed rail system until adequate environmental studies are --�
completed based on a new ridership study that uses an acceptable ridership evaluation methodology.
b. PROVIDE DIRECTION ON POSSIBLE CITY CONTRIBUTION TO THE SAVE CALTRAIN
INITIATIVE
Councilwoman Baylock made a motion to contribute $1,000; seconded by Councilman Brownrigg. The
motion was approved unanimously by voice vote, 5-0.
13. NEW BUSINESS
a. REPORT FROM PUBLIC WORKS DIRECTOR ON RECENT STORMS
DPW Murtuza gave his report immediately following item 7, Public Comments.
Councilwoman Keighran requested that a possible contribution by the City for the Downtown Shuttle be
placed on a future agenda.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Beautification, March 3, 2011; Planning, March 14, 2011
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13. ADJOURNMENT
Mayor Nagel adjourned the meeting at 10:39 p.m. in memory of Marjorie Taylor who died at age 100 and
was a longtime resident of Burlingame.
Respectfully submitted,
A5/
Mary Ellen Kearney
City Clerk
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