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HomeMy WebLinkAboutMin - CC - 2013.02.19 CITY O� BURUNGAME o wno .wc s. BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of February 19, 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 entire City Council met in closed session to discuss a public employee appointment and labor negotiations with that appointee (City Attorney), there was no final action and therefore there is no reportable action. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Joe Bojues 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Brownrigg, Deal, Keighran, Nagel COUNCILMEMBERS ABSENT: None 4. MINUTES Vice Mayor Brownrigg made a motion to approve the minutes of the February 4, 2013 regular Council meeting; seconded by Councilman Deal. The motion was approved by voice vote, 5-0. 5. UPCOMING EVENTS Mayor Keighran reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. Presentation of a Proclamation celebrating American Red Cross month Mayor Keighran presented Rachelle Ungaretti with the proclamation celebrating American Red Cross month. Burlingame City Council 1 February 19, 2013 Approved Minutes Rachelle Ungaretti accepted the proclamation on behalf of the American Red Cross and noted upcoming events: 1 ) May 30 - Heroes Breakfast at Dominic's at Poplar Creek in San Mateo; and 2) June 1 — Save-a- Life Saturday, the location has not yet been determined. b. Caltrain electrification update presentation Marian Lee, Executive Officer of Caltrain Modernization Program provided an overview of the project scope, schedule and public outreach. She discussed the funding plan for Blended System; early investment project delivery; Joint Powers Board/California High Speed Rail Authority new agreement and Board activities; Corridor Electrification Environmental Impact Report (EIR); environmental update/recirculation; key schedule milestones; blended system planning; and Burlingame interests. Council discussion included the $60 million contribution from each participating community; a total of six trains will run during peak hours (an addition of one train); impact of lack of funding for grade separations; funding for maintenance and operation once the project is completed. Council stressed the potential critical impact to the City's vegetation i.e. the grove of Eucalyptus trees; and the process to lobby for grade separation funding. Ms. Lee stated that Caltrain would be happy to partner with Burlingame for an updated arborist report. She also suggested the City consider starting their lobbying efforts now for grade separation funding; Caltrain would be happy to work with outside funding. 6. PUBLIC HEARINGS There were no public hearings. 7. PUBLIC COMMENTS Burlingame residents Pat Giorni spoke on items 7b and 9b and Charles Voltz spoke on item 9b. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. ADOPT RESOLUTIONS AWARDING THE CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES AGREEMENTS FOR CONSTRUCTION MANAGEMENT FIELD ENGINEERING AND PUBLIC OUTREACH SERVICES FOR BURLINGAME AVENUE STREETSCAPE AND UTILITIES CONSTRUCTION PROJECT; AND ADOPT A RESOLUTION AMENDING THE ADOPTED BUDGET FOR FY 12/13 PWD Murtuza requested Council adopt the following Resolution Numbers: 1 ) No. 07-2013 award of the construction contract for Burlingame Avenue Streetscape Improvements to Robert A. Bothman, Inc. (RAB) in the amount of $ 10,997,414; 2) 08-2013 authorizing execution of agreement for professional services with Hanna Group for construction management services of the Burlingame Avenue Streetscape Improvements in the amount of $998, 182; 3) 09-2013 authorizing execution of agreement for professional services with Royston Hanamoto Alley & Abey (RHAA) for construction field engineering support services for the Burlingame Avenue Streetscape Improvements in the amount of $297,857; 4) 11 -2013 authorizing execution of agreement for professional services with Erler and Kalinowski, Inc. (EKI) for public outreach services of the Burlingame Avenue Streetscape Improvements for the amount of $ 194,000; and 5) 12-2013 amendment Burlingame City Council 2 February 19, 2013 Approved Minutes of the Adopted Budget for Fiscal Year 2012-2013 to include $ 1 ,300,000 from the lease revenue bond proceeds. �- PWD Murtuza reported that project bids were opened on January 29, 2013 and seven bids were received. RAB is the lowest responsible bidder, with its base bid amount of $ 10,654,874 being 19% below the engineer's estimate of $ 13,218,240. RAB demonstrated that they are well qualified to effectively undertake and complete the project. They have been in business for over 34 years and have performed many similar and complex projects in the Bay Area. Staff received one bid protest from McGuire and Hester, the third apparent low bidder. The protest alleges that RAB does not have adequate qualifications and also indicates that the second low bidder Gordon Ball, Inc. is not qualified. Staff reviewed the lowest responsible bidder's qualifications at the pre-award interview and determined that RAB met the requirements of the project specifications and is the successful lowest responsible bidder. Vice Mayor Brownrigg noted we had good fortune in raising additional funds and a great bidder. He said as a matter of principal he would like to make it clear that it does not mean all the money needs to be gold bricked to Burlingame Avenue. Vice Mayor Brownrigg said if the entire contingency is not spent, he would like to work with stakeholders and look at other ways to improve the downtown. Councilwoman Nagel said she would like to ensure a plan is put together which will minimize the impacts to merchants as well as residents on Burlingame Avenue. Mayor Keighran suggested a rendering of the project be displayed in multiple downtown windows which may help people be a little tolerant during construction once they realize what the end results will be. PWD Murtuza stated that staff has already spoken with the merchants to get their feedback. The overwhelming concern was the potential impacts to parking. He said staff will be working closely with all stakeholders to minimize any impacts. He said a hotline will be set up with a live person to take calls day and night. Mr. Murtuza said he will also ask the contractor's cooperation not to perform certain operations during certain times. Councilwoman Baylock made a motion to adopt Resolution No. 07-2013 award of the construction contract for Burlingame Avenue Streetscape Improvements to Robert A. Bothman, Inc.; seconded by Vice Mayor Brownrigg. The motion was approved unanimously by voice vote, 5 — 0. Councilwoman Nagel made a motion to adopt Resolution No. 08-2013 authorizing execution of agreement for professional services with Hanna Group for construction management services of the Burlingame Avenue Streetscape Improvements; Resolution No. 09-2013 authorizing execution of agreement for professional services with Royston Hanamoto Alley and Abey for construction field engineering support services for the Burlingame Avenue Streetscape Improvements; and Resolution No. 11 -2013 authorizing execution of agreement for professional services with Erler and Kalinowski, Inc. for public outreach services of the Burlingame Avenue Streetscape Improvements; the motion was seconded by Councilman Deal. The motion was approved unanimously by voice vote, 5 — 0. Vice Mayor Brownrigg made a motion to adopt Resolution No. 12-2013 2013 amending the Adopted Budget for Fiscal Year 2012-2013 to include $ 1 ,300,000 from the lease revenue bond proceeds; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5 — 0. Burlingame City Council 3 Approved Minutes February 19, 2013 b. DISCUSS APPOINTMENTS TO NORTH COUNTY TRANSPORTATION AUTHORITY (SCMTA), ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG), HOUSING �— ENDOWMENT AND REGIONAL TRUST (HEART), LOCAL AGENCY FORMATION COMMISSION (LAFCO) The Council reviewed the candidates for the vacancies on the various boards in order to assist Mayor Keighran with her vote at the upcoming San Mateo County City Selection Committee meeting. No action was taken. C. JOHN TOS ET.AL. V. CALIFORNIA HIGH SPEED RAIL AUTHORITY CA Guinan reported that at the last meeting, the Council asked him for a report regarding the current lawsuit filed on behalf of taxpayers John Tos and Aaron Fakunda as well as the County of Kings, against the California High Speed Rail Authority in regard to the HSRA's construction plans for the Merced to Bakersfield portion of the Merced to San Fernando Valley "usable segment" of the high speed rail line. By the wording of the action, the plaintiffs are not asking the Court to "kill" the CHSRA project but are asking the Court to order CHSRA to comply with the law (Proposition IA). Councilman Deal thanked CA Guinan for the excellent presentation. He noted that the City is basically being asked to help out two taxpayers and Kings County. He said there are always two sides in court cases and each side is adamant they are right. Councilman Deal said he is not comfortable spending $5,000 in this particular lawsuit. Councilwoman Baylock said it was as she thought, that it is not a lawsuit to "kill" High Speed Rail but rather to make them comply by spending our money as promised to voters. She feels it is the obligation of public officials, tax payers and voters to support a righteous lawsuit that compels them to do what they have been asked to do. Councilwoman Nagel stated that the objective of the group clearly said in their letter that their intention is to kill HSR. She said it is her goal to extend public transportation; make it easier to get around the County and not to spend public funds to fight a public agency in court. She would rather see the $5,000 be used for a better cause. Vice Mayor Brownrigg said the City Attorney's opinion is an important public record to show that this lawsuit is asking that HSR be done right. He said fundamentally when you go into project and you do not have all the funding lined up, you are dooming yourself to financial catastrophe. Mayor Keighran said Vice Mayor Brownrigg summed it up quite well. The City Attorney did a very good job making this issue understandable. She said that financial violations hinder everybody. Mayor Keighran said what is being considered this evening is solely the legal issues under Proposition IA. Councilwoman Baylock made a motion to support the John Tos et. al. vs California High Speed Rail Authority lawsuit; seconded by Mayor Keighran. The motion was approved 3-2 (Deal/Nagel voted no). Burlingame City Council 4 February 19, 2013 Approved Minutes 9. CONSENT CALENDAR Vice Mayor Brownrigg asked to pull item 9a for discussion. Councilman Deal made a motion to adopt consent calendar; seconded by Councilwoman Nagel. The motion was approved unanimously 5-0. a. ADOPT A RESOLUTION APPROVING THE RENEWAL OF AGREEMENT WITH VEOLIA WEST OPERATING SERVICES (VWOS) FOR OPERATION AND MAINTENANCE OF THE WASTEWATER TREATMENT FACILITY PWD Murtuza requested Council adopt Resolution No. 13-2013 approving the renewal of agreement with Veolia West Operating Services (VWOS) for operation and maintenance of the Wastewater Treatment Facility. Vice Mayor Brownrigg stated that he had requested this item be pulled because he does not think it would be appropriate if a housing element is included as part of the Consumer Price Index (CPI) for the San Francisco area since this contract is for a service provider. PWD Murtuza said the CPI does not include housing in this contract. Vice Mayor Brownrigg said the City is receiving the best bang for our buck among the cities on the Peninsula. He took this opportunity to praise VWOS for an efficiently run public service. It was noted that the City has enjoyed a good relationship with VWOS for many years and that this is the longest public/private partnership in the United States. Councilwoman Baylock made a motion to adopt Resolution No. 13-2013 ; seconded by Vice Mayor Brownrigg. The motion was approved unanimously 5-0. b. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO D&D PIPELINE, INC. FOR THE EL QUANITO WAY WATER MAIN IMPROVEMENTS PROJECT PWD Murtuza requested Council adopt Resolution No. 14-2013 awarding a construction contract to D&D Pipeline, Inc. for the El Quanito Way Water Main Improvements Project. 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 There were no comments from the floor. 12. FUTURE AGENDA ITEMS Mayor reviewed the protocol for the discussion of future agenda items. Council discussion followed regarding adding the following items to a future agenda: Vice Mayor Brownrigg — SF Mayor Lee letter; Councilman Deal — grade separation funding; Mayor Keighran and Councilwoman Nagel — Parks & 5 Burlingame City Council Approved Minutes February 19, 2013 Recreation Department coordination of the Pet Parade; Councilwoman Nagel — April 1 , 2013 Neighborhood Network presentation; and Mayor Keighran — addressing issues outside of Burlingame jurisdiction. 14. ACKNOWLEDGMENTS a. Commission Minutes: Planning, January 28, 2013 a. Department Reports: Building, January 2013 ; Finance, January 2013; Fire, January 2013 15. ADJOURNMENT Mayor Keighran adjourned the meeting at 9: 15 p.m. Respectfully submitted, Sl Ana Maria Silva Acting City Clerk Burlingame City Council 6 February 19, 2013 Approved Minutes