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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.
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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.
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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.
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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.
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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.
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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
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