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HomeMy WebLinkAboutMin - CC - 2013.03.04 CITY O� BURLINGAME � oa o �NAT[C J1M[O BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of March 4,2013 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 Ann Keighran called the meeting to order at 7:00 p.m. CLOSED SESSION CA Guinan advised that the City Council, with the exception of Councilwoman Baylock who recused herself, met in closed session and gave direction to the property negotiators. There was no reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Pat Giorni. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Mayor Keighran, Councilwoman Baylock and Councilman Deal made corrections to the February 19, 2013 minutes. Councilman Deal made a motion to approve the amended minutes of the February 19, 2013 regular Council meeting; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATION a. PRESENTATION OF A RETIREMENT RESOLUTIONS RECOGNIZING CITY ATTORNEY GUS GUINAN Mayor Keighran presented CA Guinan with a Resolution, signed by all the City Council members that highlighted CA Guinan's 34-year career of public service and the past four years as City Attorney of Burlingame. Burlingame City Council 1 March 4,2013 Approved Minutes CA Guinan was also honored with proclamations from Niall Roberts, representing Congresswoman Jackie Speier, and Kevin Fong, representing Senator Leland Yee, Senator Jerry Hill and Assemblyman Kevin Mullen. Burlingame resident Pat Giorni presented CA Guinan with a hand crochet pink flamingo's pillow. CA Guinan thanked the Mayor, Council members and City staff and commented that he wished he had been a part of the Burlingame organization earlier in his career. 7. PUBLIC HEARINGS There were no public hearings. 8. PUBLIC COMMENTS City of Sunnyvale resident Barbara Gilmore spoke on item 9c. Burlingame residents Viva Freedman, Caroline Pease and Mike McCord also spoke on item 9c. Burlingame residents William Glass, Bart Gaul and Mike Molnar spoke on item 9d. Burlingame residents Ann Wallach, Samantha McPhail, Mark Haberecht and Patricia Gray spoke about a proposed condominium building at 1509 El Camino Real. There were no further comments from the floor. 9. STAFF REPORTS AND COMMUNICATIONS a. ADOPT A RESOLUTION APPOINTING KATHLEEN KANE AS CITY ATTORNEY AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT WITH KATHLEEN KANE CM Goldman reviewed the staff report and requested Council adopt a Resolution appointing Kathleen Kane as City Attorney and execute an employment agreement with Ms. Kane. CM Goldman introduced Ms. Kane who thanked CM Goldman and the Council, introduced her husband and daughter, and expressed her delight in being selected as City Attorney since she was raised in Burlingame. Vice Mayor Brownrigg made a motion to adopt Resolution No. 15-2013 appointing Kathleen Kane as City Attorney and approving and authorizing the Mayor to execute an agreement with Kathleen Kane to serve as Burlingame City Attorney; seconded by Councilwoman Nagel. The motion was approved by voice vote, 5-0. b. ADOPT A RESOLUTION APPROVING THE EMPLOYMENT OF GUS GUINAN FOR THE PROVISION OF PROFESSIONAL SERVICES AS INTERIM CITY ATTORNEY CM Goldman reviewed the staff report and requested Council adopt a Resolution approving the employment of Gus Guinan as Interim City Attorney for a three-week period until the new City Attorney Kathleen Kane takes office on April 1 , 2013. Councilwoman Baylock made a motion to adopt Resolution No. 16-2013 approving the employment of Gus Guinan for the provision of professional services as Interim City Attorney for the City of Burlingame; seconded by Councilwoman Nagel. The motion was approved by voice vote, 5-0. 2 Burlingame City Council March 4, 2013 Approved Minutes c. INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 8.12 TO THE BURLINGAME MUNICIPAL CODE RESTRICTING THE USE OF SINGLE-USE CARRY-OUT BAGS AND ENCOURAGING THE USE OF REUSABLE BAGS AND ADOPT A RESOLUTION FINDING ADOPTION OF SAID ORDINANCE TO BE WITHIN THE SCOPE OF THE COUNTY'S FINAL PROGRAM EIR CDD Meeker reviewed the staff report and advised that in November 2012 San Mateo County adopted an Ordinance intended to reduce the environmental impacts related to single-use carryout bags and to promote the use of reusable bags as a means of reducing the impacts. The County Ordinance which becomes effective April 22, 2013 with key provisions as outlined in the staff report. Council discussion and questions followed and Mr. Wayman Wong of San Mateo County Environmental Health addressed some of their concerns about biodegradable bags, the charge for the bags, and the supply of plastic bags that the merchants currently have. He advised that since it will only be a soft roll out on April 22, 2013, the County will work with the merchants before the actual ban goes into effect. He also advised that 11 San Mateo County cities have adopted the County's ordinance and the County will be responsible for the enforcement. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance adding Chapter 8. 12 to the Burlingame Municipal Code restricting the use of single-use carry out bags and encouraging the use of reusable bags; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to waive further reading; seconded by Councilwoman Nagel. The motion was approved unanimously 5-0. �-- Councilman Deal made a motion to introduce the proposed Ordinance; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Vice Mayor Brownrigg made a motion to adopt Resolution No. 17-2013 finding adoption of an Ordinance regulating single use carry out bags to be within the scope of the County's final program environmental impact report (EIR) for County-wide implementation of the Ordinance and no further environmental documentation is required under CEQA guideline; seconded by Councilman Deal. The motion was approved unanimously 5-0. d. GUN CONTROL LEGISLATIONAND SANDY HOOK PROMISE PC Wood reviewed the staff report and recommended that since the City of Burlingame does not have any retail stores where guns or ammunition are sold, the Council not introduce the two pieces of gun control legislation suggested in San Francisco Mayor Edwin Lee's letter. The first legislation would prohibit the sale and possession of hollow point ammunition/military grade bullets designed to inflict maximum harm on a subject. The second legislation would require retailers to notify Burlingame Police Department when an individual purchases 500 or more rounds of ammunition. PC Wood did recommend that the City Council sign on to the Sandy Hook Promise also suggested in Mayor Lee's letter, and authorize the Mayor to send a letter to Mayor Lee advising him of the City's actions. Council discussion followed and PC Wood, CDD Meeker and CA Guinan addressed their questions and concerns. Burlingame City Council 3 March 4, 2013 Approved Minutes Mayor Keighran recommended not introducing the gun control legislation and sign on to the Sandy Hook Promise. Councilman Brownrigg commented that Mayor Lee has not adopted this legislation in San Francisco. Councilwoman Baylock said there is a better way to approach it. Councilman Deal seconded the motion. The motion was approved unanimously 5-0. e. DISCUSS AND CONSIDER INTRODUCTION OF ORDINANCE DELEGATING TO CITY MANAGER THE AUTHORITY TO APPOINT THE CITY CLERK CA Guinan reviewed the staff report and requested Council delegate to the City Manager the authority to appoint the position of City Clerk. He advised that in November of 2009 the electorate of the City passed a ballot measure making the office of the Burlingame City Clerk appointive rather than elected, commencing at the end of the current City Clerk's term. He further advised that under Government Code sections 34586 and 36510, which provide for City Clerks, states that the City Council must appoint the City Clerk unless Council enacts an ordinance delegating the authority to the City Manager. Council discussion and questions followed and CA Guinan said the timeframe for an elected City Clerk has passed, especially with all the technical aspects of the position, the election laws and the FPPC regulations. CA Guinan also noted that the City Clerk is compensated an additional $599.00 for the elected portion of the position. That compensation would be eliminated and only the appointed portion of the salary would remain. CA Guinan commented that it may be necessary to review the salary range for the position. Council concurred that the authority to appoint the City Clerk should definitely be delegated to the City Manager to avoid the politics that could result and since the City Clerk works very closely with the City `- Manager. Mayor Keighran requested CC Kearney read the title of the proposed Ordinance implementing ballot measure I of the November 2009 election making the office of the Burlingame City Clerk an appointive position. Councilman Brownrigg made a motion to waive further reading; seconded by Councilwoman Baylock. The motion was approved unanimously 5-0. Councilwoman Baylock made a motion to introduce the proposed Ordinance; seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5-0. Mayor Keighran directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. f. SCOPING COMMENTS - PENINSULA CORRIDOR ELECTRIFICATION PROJECT ENVIRONMENTL IMPACT REPORT (EIR) CDD Meeker reviewed the staff report, requested the Council review, and provide direction with respect to the draft letter from the City of Burlingame to the Peninsular Corridor Joint Powers Board (Caltrain) regarding the scope of the Environmental Impact Report (EIR) to be prepared for the Peninsula Electrification Project. CDD Meeker advised that staff drafted the attached letter to the Peninsula Corridor Joint Powers Board and that the comments were a collaboration between him and DPW Murtuza, as well as, a number of comments by Vice Mayor Brownrigg. The Council members provided minor corrections and adjustments to the letter and requested they be incorporated in the final version. The majority of the Council members preferred the current wording for the elevated grade separation, with the exception of Councilman Deal. 4 Burlingame City Council March 4, 2013 Approved Minutes 10. CONSENT CALENDAR Councilman Brownrigg made a motion to adopt the Consent Calendar; seconded by Councilwoman Baylock. The motion was approved unanimously 5-0. a. ADOPT A RESOLUTION ACCEPTING 2012 STREET RESURFACING PROGRAM BY C. F. ARCHIBALD PAVING, INC. DPW Murtuza requested Council adopt Resolution No. 18-2013 accepting the 2012 street resurfacing program by C. F. Archibald Paving, Inc. b. ADOPT A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO STOLOSKI AND GONZALEZ FOR THE NEIGHBORHOOD STORM DRAINAGE IMPROVEMENTS PROJECT NO. 5 DPW Murtuza requested Council adopt Resolution No. 19-2013 awarding the construction contract to Stoloski and Gonzalez, Inc. for the neighborhood storm drainage improvements project No. 5. c. ADOPT A RESOLUTION AWARDING CONSTRUCTION CONTRACT TO CASEY CONSTRUCTION, INC. FOR THE HILLSIDE RESERVOIR INLET RELOCATION PROJECT DPW Murtuza requested Council adopt Resolution No. 20-2013 awarding a construction contract to Casey Construction, Inc. for the Hillside Reservoir Inlet Relocation project. d. ADOPT A RESOLUTION REJECTING ALL BIDS FOR JANITORIAL SERVICES CONTRACT DPW Murtuza requested Council adopt Resolution No. 21 -2013 rejecting all bids received for the contract for janitorial services for City buildings. e. ADOPT A RESOLUTION ACCEPTING LIBRARY GRANTS CL Harding requested Council adopt Resolution No. 22-2013 accepting the Pacific Library Partnership Grant in the amount of $5,000.00 and the California State Library Services and Technology Act Funds Grant in the amount of $4,926 to fund the Burlingame Public Library's digital local history project. L PET PARADE P&RD Glomstad reviewed the staff report and advised that the Parks and Recreation Department would gladly be involved in the preparation of the annual pet parade. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council reported on various events and committee meetings each of them attended on behalf of the City. 5 Burlingame City Council March 4, 2013 Approved Minutes 12. PUBLIC COMMENTS There were no comments from the floor. 13. FUTURE AGENDA ITEMS Council did not have any requests for future agenda items. 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, January 15, 2013; Beautification, February 7, 2013; Planning, February 11 , 2013. 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 9:31 p.m. Respectfully submitted, l S/ Mary Ellen Kearney City Clerk 6 Burlingame City Council March 4, 2013 Approved Minutes