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HomeMy WebLinkAboutMin - CC - 2013.09.16 CITY C - BURLINGAME Op 9 Rwreo uue 6 BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of September 16,2013 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 Keighran called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Bill Meeker. 3. ROLL CALL MEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran,Nagel MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that the Council met in closed session and discussed the item. There was no reportable action at this time. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. ONLINE VOTER REGISTRATION PROCLAMATION Mayor Keighran presented Kevin Fong of Senator Leland Yee's office with a Proclamation declaring September 19, 2013 as Online Voter Registration Day. 7. PUBLIC COMMENTS Pat Giorni spoke and reminded everyone to vote on Election Day,November 5, 2013. She also spoke about street parking in apartment areas in Burlingame. There were no further comments from the floor. 8. CONSENT CALENDAR Mayor Keighran asked if any Council member wished to remove any item from the Consent Calendar, and there were no requests. 1 Burlingame City Council September 16,2013 Approved Minutes Burlingame resident Charles Voltz spoke about the policy on public comments. Mayor Keighran clarified the new public comment procedures. Councilwoman Baylock made a motion to approve the Consent Calendar; seconded by Vice Mayor Brownrigg. The motion was approved unanimously by voice vote, 5-0. a. APPROVE CITY COUNCIL MEETING MINUTES OF SEPTEMBER 3,2013 CC Kearney requested Council approve the City Council meeting minutes of September 3, 2013. b. ADOPTION OF A RESOLUTION APPROVING THE CALIFORNIA EMPLOYERS' RETIREE BENEFIT TRUST PROGRAM (CERBT)AGREEMENT AND ELECTION TO PREFUND RETIREE MEDICAL BENEFITS,DELEGATING TO THE CITY MANAGER AND THE FINANCE DIRECTOR AUTHORITY TO REQUEST DISBURSEMENTS FROM THE TRUST AND TAKE WHATEVER ADDITIONAL ACTIONS ARE REQUIRED TO ADMINISTER THE CITY'S CERBT PLAN; APPROVAL OF THE CERTIFICATION OF THE PROGRAM FUNDING POLICY; AND APPROVAL OF A TRANSFER OF $6.6 MILLION TO CALPERS TO ESTABLISH THE TRUST BENEFITS FinDir Augustine requested Council adopt Resolution No. 81-2013 approving the California Employers' Retiree Benefit Trust Program(CERBT) agreement and election to pref ind retiree medical benefits, delegating to the City Manager and the Finance Director authority to request disbursements from the Trust and take whatever additional actions are required to administer the City's CERBT plan; approval of the certification of the program funding policy; and approval of a transfer of$6.6 million to Ca1PERS to establish the trust benefits. '1 C. ADOPT A RESOLUTION AWARDING CONSTRUCTION CONTRACT TO D&D PIPELINES,INC. FOR THE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENTS PROJECT,NO. 6,AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION AGREEMENT DPW Murtuza requested Council adopt Resolution No. 82-2013 awarding a construction contract for the neighborhood storm drainage improvements project,No. 6 to D&D Pipelines, Inc. 9. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF THE DOWNTOWN BURLINGAME AVENUE BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FISCAL YEAR 2013-2014 Financial Services Manager Truong reviewed the staff report and requested Council hold a public hearing and determine whether a majority protest has been made and, if not, adopt the Resolution approving and levying the assessments. Mayor Keighran asked CC Kearney how many protests were received and CC Kearney reported that two protests were received. Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. 2 Burlingame City Council September 16,2013 Approved Minutes Councilwoman Baylock made a motion to adopt Resolution No. 83-2013 approving and levying the 2013-14 Downtown Burlingame Avenue Business Improvement District Assessments; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. b. PUBLIC HEARING TO INTRODUCE AN ORDINANCE FOR A TWO HOUR PARKING RESTRICTION ON THE 1600 BLOCK OF HOWARD AVENUE DPW Murtuza reviewed the staff report and advised that the City received a petition from the residents of the 1600 block of Howard Avenue requesting parking restrictions due to the increased long term on street parking by non-residents of the block. He further advised that Traffic, Safety and Parking Commission reviewed the request at their June 13, 2013 meeting and unanimously recommended that the two hour parking restriction be considered for both sides of the street. Councilman Deal requested that the merchants be notified so they can advise their employees of the new parking restriction on Howard Avenue. Mayor Keighran requested that the City also remind the merchants where the City's long-term parking lots are located. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Councilwoman Baylock made a motion to waive further reading; seconded by Vice Mayor Brownrigg. The motion was approved by voice vote, 5-0. Vice Mayor Brownrigg made a motion to introduce the proposed Ordinance for a two-hour parking restriction on the 1600 block of Howard Avenue; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. Mayor Keighran opened the public hearing, and Pat Giorni spoke. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. C. PUBLIC HEARING TO INTRODUCE AN AMENDMENT TO CHAPTER 12.23 OF THE MUNICIPAL CODE TO REVISE STANDARDS FOR THE PLACEMENT AND MAINTENANCE OF NEWSRACKS IN PUBLIC RIGHTS-OF-WAY DPW Murtuza thanked CA Kane and PW Superintendent Mallick for their assistance in researching and preparing the report. DPW Murtuza reviewed the staff report and advised that this new Ordinance will streamline the process for administering and managing the maintenance and upkeep of the newsracks in the public rights-of-way, consistent with the new streetscape furniture. Council thanked the City staff and Councilman Deal for all their efforts in the development of this new, rather complex Ordinance. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Councilman Deal made a motion to waive further reading and introduce the Ordinance revising the standards for the placement and maintenance of newsracks in public rights-of-way; seconded by Councilwoman Baylock. The motion was approved by voice vote, 5-0. Mayor Keighran opened the public hearing, and Pat Giorni spoke. 3 Burlingame City Council September 16,2013 Approved Minutes Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. d. (i)INTRODUCTION OF AN ORDINANCE TO AMEND TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTION BY REFERENCE OF THE 2013 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC) AND THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE; AND (ii) INTRODUCTION OF AN ORDINANCE TO AMEND TITLE 18 OF THE MUNICIPAL CODE TO ADOPT THE 2013 CALIFORNIA BUILDING CODES WITH LOCAL AMENDMENTS CBO Cyr reviewed the staff report and advised of the amendments to Title 18 of the Burlingame Municipal Code. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Councilwoman Baylock made a motion to waive further reading and introduce the Ordinance amending Title 18 of the Municipal Code to adopt the 2013 Building Codes with local amendments; seconded by Vice Mayor Brownrigg. The motion was approved by voice vote, 5-0. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. Fire Inspector Christine Reed reviewed the staff report and advised of the amendments to Title 17 of the Burlingame Municipal Code. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance. Councilwoman Baylock made a motion to waive further reading and introduce the Ordinance amending Title 17 of the Municipal Code and adoption by reference of the 2013 California Fire Code and the 2012 edition of the International Fire Code; seconded by Councilwoman Nagel. The motion was approved by voice vote, 5-0. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within 5 days of the public hearing. Mayor Keighran opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilman Deal gave kudos to CBO Cyr, Fire Inspector Reed and CDD Meeker on their excellent level of customer service and working with the public. 10. STAFF REPORTS AND COMMUNICATIONS a. ADOPTION OF A RESOLUTION ACCEPTING CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) DRIVING UNDER THE INFLUENCE (DUI) MINI GRANT Police Captain Eric Wollman reviewed the staff report and advised that in January 2013 the Police Department submitted a grant application to the State of California, Office of Traffic Safety (OTS) for funding of overtime for six DUI checkpoints. Captain Wollman said the Police Department was subsequently awarded the grant in the amount of$51,000 for 2013-2014 fiscal year. 4 Burlingame City Council September 16,2013 Approved Minutes h Following the review of the staff report, Captain Wollman introduced a presentation on the Saturation Traffic Enforcement Program(S.T.E.P.). He advised that the cities in San Mateo County participate in the S.T.E.P. program and they have monthly deployments. Captain Wollman introduced Sgt. Jay Kiely who reviewed the $258,000 grant funds and the distribution of the money. Sgt. Kiely thanked the Finance Department for all their assistance with setting up the budget for this grant. Mayor Keighran opened the item for comments, and Burlingame residents Jennifer Pfaff and Pat Giorni spoke. Councilwoman Baylock made a motion to adopt Resolution No. 84-2013 accepting the California Office of Traffic Safety Driving Under the Influence mini grant; seconded by Vice Mayor Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. AUTHORIZE THE MAYOR TO SIGN A LETTER ON BEHALF OF THE CITY OF BURLINGAME AGREEEING TO ACCEPT RESPONSIBILITY FOR MONITORING AND ENFORCEMENT OF THE PRESERVATION COVENANT TO BE RECORDED AT THE TIME OF SALE OF THE DOWNTOWN BURLINGAME POST OFFICE,LOCATED AT 220 PARK ROAD CDD Meeker reviewed the staff report and advised that the California Office of Historic Preservation (SHPO) wrote a letter to the U. S. Postal Service (USPS)notifying them that it would not concur with the USPS's finding of"no effect"upon the historic character of the property at the time of sale unless a covenant or protective easement is recorded against the property and a qualified agency is selected to monitor compliance and enforce the terms of the covenant. CDD Meeker further advised that the City Attorney, City Manager and Community Development Director have been in discussions with USPS representatives, SHPO representatives, and the USPS `s historic consultant in an effort to clarify the terms of the covenant. CDD Meeker requested that the Council authorize the Mayor to sign a letter to the USPS agreeing to serve as the agency responsible for monitoring and enforcement of the covenant. Council discussion followed concerning clarification of the term"good cause"noted in paragraph 8 of the preservation covenant language, and the architectural style of the Post Office referenced by SHPO. Mayor Keighran opened the item for public comment. Burlingame residents Pat Giorni, Russ Cohen and Diane Condon-Wirgler spoke on the matter. Councilwoman Baylock made a motion to approve the letter to the U. S. Postal Service agreeing to be designated as the agency responsible for overseeing compliance with the terms of the historic preservation covenant for the Downtown Burlingame Post Office at 220 Park Road; seconded by Vice Mayor Brownrigg. The motion was approved by voice vote, 5-0. C. ADOPTION OF A RESOLUTION APPROVING THE CITY'S RESPONSE TO THE 2013 GRAND JURY REPORT ENTITLED, "SAN MATEO COUNTY SPECIAL DISTRICTS: WHO IS REALLY IN CHARGE OF THE TAXPAYER'S MONEY? THE MOSQUITO DISTRICT EMBEZZLEMENT: IS IT THE TIP OF THE ICEBERG?" 5 Burlingame City Council September 16,2013 Approved Minutes CM Goldman reviewed the report and advised that based on the information contained in the Grand Jury report, the City is in general agreement with the report's findings regarding such issues as lack of oversight of the District's finances and failure to follow proper hiring procedures. CM Goldman also advised that the City agrees with the Grand Jury's following two recommendations: • Appoint a Councilmember to the District Board if a representative cannot be found: The City of Burlingame would implement that recommendation if it became necessary. • Require regular reporting about the District's operations by the City's representative at a scheduled City Council meeting: The City of Burlingame has asked the District's representative to provide quarterly updates to be published in the e-news. Mayor Keighran opened the item for comments, and Burlingame resident Pat Giorni spoke. There was brief Council discussion and the Council members all were in agreement with the reply to the Grand Jury. Vice Mayor Brownrigg made a motion to adopt Resolution No. 85-2013 approving the City's response to the 2013 San Mateo Grand Jury Report entitled"San Mateo County Special Districts: Who is Really in Charge of the Taxpayer's Money? The Mosquito District Embezzlement: Is It The Tip of the Iceberg?"The motion was seconded by Councilwoman Baylock. The motion was approved by voice vote, 5-0. d. POSSIBLE AMICUS PARTICIPATION IN TOWN OF ATHERTON,ET AL.,V CALIFORNIA HIGH SPEED RAIL AUTHORITY, CAL. CT. APP. 3D DIST. NO C070877 CA Kane reviewed the staff report and gave background on the matter and updated the Council on where the litigation stands at present. She advised that in order to join the amicus brief, even though the City would not be writing our own amicus brief,the City must submit an application with the Court arguing why it should be allowed to participate. CA Kane further advised that the Court has the discretion on whether to allow an entity to join the amicus, and that discretion is broad, and it is difficult to predict in a given case whether participation in an amicus would be granted. Mayor Keighran opened the item to public comment, and Burlingame residents Pat Giorni, Charles Voltz, Ted Crocker, Russ Cohen and Jennifer Pfaff spoke. Council comments followed and Councilman Brownrigg clarified that the City is not actually becoming a party to the lawsuit. Councilman Deal said he does not agree with joining the amicus brief and does not want to waste staff time on it and feels it is a false effort to go forward. He also commented that Caltrain owns the right-of-way, not High Speed Rail. Councilwoman Baylock said that High Speed Rail has demonstrated that they do not act in good faith and reviewed the six ways that Burlingame's train corridor is uniquely different from the train corridor in Atherton. Councilwoman Nagel said she is not in favor of joining the amicus brief and it does not make sense to spend staff time on it when that time would be better spent on other high priority items. She also said we could possibly alienate our neighboring cities by funding lawsuits. Vice Mayor Brownrigg thanked Charles Voltz for bringing this matter to the Council's attention. He said he has never been in favor of being engaged in the Atherton lawsuit since it is not the best argument for Burlingame. Vice Mayor Brownrigg said the issues in this amicus are not Burlingame issues. He also said that he would prefer that Burlingame draft a Resolution stating that High Speed Rail be subject to CEQA,not NEPA, and using NEPA in the future for High Speed Rail or Caltrain Electrification would be highly detrimental. Mayor 6 Burlingame City Council September 16,2013 Approved Minutes Keighran said she did not have much to add since both sides have been represented. She did state that the whole process of High Speed Rail has been very disappointing and she complimented the Council for really trying to voice the opinions of Burlingame for the past four or five years. Mayor Keighran agreed with `— Councilwoman Baylock as to how Burlingame is unique and she will support joining the amicus brief. Councilwoman Baylock made a motion that the City of Burlingame join the amicus brief with Atherton, et.al.; seconded by Mayor Keighran. Councilman Deal commented that he was also in favor of adopting a Resolution stating that High Speed Rail be subject to CEQA, and not using NEPA in the future for High Speed Rail or Caltrain Electrification. Mayor Keighran commented that she was not against High Speed Rail, but she has always said she would like to see it underground. The motion failed by voice vote, 2-3 (Brownrigg, Deal and Nagel voted no). 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings they each attended on behalf of the City. Pat Giorni spoke about the need for a helicopter pad at Peninsula Hospital and bicycle projects that will be brought before CCAG in November. 12. FUTURE AGENDA ITEMS The Council would like to discuss a High Speed Rail CEQA Resolution at a future meeting. 13. ACKNOWLEDGMENTS b. Department Reports: Building, August 2013 14. ADJOURNMENT Mayor Keighran adjourned the meeting at 10:08 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk 7 Burlingame City Council September 16,2013 Approved Minutes