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HomeMy WebLinkAboutMin - CC - 2008.01.07BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of January 7r2008 STUDY SESSION a. COUNCIL POLICIES AND PROCEDURES Council reviewed the draft of Council Policies and Procedures that were developed by the Council Subcommittee, Mayor O'Mahony and Councilwoman Baylock. 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 Rosalie M. O'Mahony called the meeting to order at7:02 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Bobbi Benson. 3. ROLL CALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Deal, Keighran, Nagel, O'Mahony None 5. a. 4. MINUTES Vice Mayor Keighran made a motion to approve the minutes of the December 17 ,2007 regular Council meeting; seconded by Councilwoman Nagel. The motion was approved unanimously by voice vote, 5-0 PRESENTATIONS PRE,SENTATION AND ACCEPTANCE OF F.Y 2006.07 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FinDir Nava presented the FY 2006-07 CAFR. Councilwoman Nagel congratulated Mr. Nava and the Finance staff for the good job and commended Mr. Nava for the awards the Finance Department has received for excellence in finance reporting. Council accepted the FY 2006-07 CAFR. b. REMEMBER JUSTICE ROBERT F. KANE, LONG TIME RESIDENT OF BURLINGAME AND FORMER AMBASSADOR TO IRELAND Burlingame City Council Approved Minutes 590 January 7,2008 Mayor O'Mahony remembered Justice Robert F. Kane who recently passed away. Justice Kane had a distinguished legal career and in 1984 had the unique privilege of being the first and only member of a Burlingame family to be appointed United States Ambassador to Ireland. - Due to public interest, Council agreed to move to Item 7. and to move Item 8.b. from Staff Reports to Public Hearings following Item 6.a. 7. PUBLIC COMMENTS Laura Hesselgren, 416 Bayswater Avenue, and Lynn Lenardon, 143 Dwight Road, spoke on PG&E problems due to the storms. Roxanne Cruz, PG&E representative, spoke on PG&E's assessment process during storm-related crises and urged citizens to call 1-800-743-5002 during emergencies. The following citizens spoke on the Business License Tax Audit: John Gieseker, 1605 McDonald Way; George Mozingo, 850 Woodside Way; Marlin Gill, San Mateo; K.T. Eckardt, San Mateo; Richard Fernandez, 1159 Broadway; Philip Waddingham, Mountain View; Mary Hunt, 725 Vernon Way; and Michael Cohen, 1819 Trousdale Drive. The following citizens spoke on Item 8.b.: Pat Giomi, 1445 Balboa Avenue; and Lome Abramson, 1129 Oxford Road. Charles Yoltz,725 Vernon Way, spoke on Item 8.a. Bobbi Benson, 550 El Camino Real, spoke on flooding and Caltrans' maintenance responsibilities on El Camino Real. There were no further comments from the floor. AND VARIANCE FOR UPPER AND LOWER LEVEL ADDITIONS TO A SINGLE- FAMILY DWELLING WITH ATTACHED GARAGE. ON PROPERTY AT 2724 MIURTINEZ DRI NE Councilman Deal recused himself from hearing this item since he had participated in the Planning Commission's deliberations regarding the project and voted as a member of the Commission when action regarding the matter was taken. Councilman Deal then left the dais. CDD Meeker reviewed the staff report and requested Council hold a public hearing and take action Mayor O'Mahony opened the public hearing. The following citizens spoke on the project: Walme Pan, owner; Jesse Geurse, designer; Bruce and JoAnn Thompson, 1600 Granada Drive; Una Kinsella,1484 Guerrero, San Francisco; and Pat Giorni, 1445 Balboa Avenue. There were no further comments from the floor, and the hearing was closed. Council commended the owner and neighbors for reaching an agreement to accept Conditions 2, 4,5 and 6 and amending Condition 3 to read: The Pans agree not to plant any trees in the rear-yard landscape of their property that would block the bay view or airport view from the Thompson's property and that the trees as specified per plans be revised to be of dwarf species. Vice Mayor Keighran made a motion to approve the project with the amended Condition No. 3 as stated in Mr. Geurse's letter dated January 7,2008; seconded by Councilwoman Baylock. The motion was approved by voice vote, 4-0-1 (Deal recused). 6. a. Councilman Deal returned to the dais Burlingame City Council Approved Minutes 591 January 7,2008 PUBLIC HEARINGS APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR DESIGN REVIEW. HILLSIDE AREA CONSTRUCTION PERMIT. SPECIAL PERMIT. 8.b. COUNCIL DISCUSSION AND DIRECTION ON POTENTIAL JUNE 2OO8 BALLOT MEASURE FOR FUNDING DEFERRED CAPITAL IMPROVEMENTS DPW Murtuza provided photographs of the flooding in Burlingame which resulted from the recent storm, potentially graded as aZ)-year storm, and attributed the flooding to inadequate storm drainage. He stated that the flooding would have been worse if the heavy rain had occurred during the high tide that day. CM Nantell reviewed the staff report and requested Council to direct staff as determined by the type of funding selected for storm drainage improvements. Mayor O'Mahony opened the public hearing. Rudy Horak, 1332 Edgehill, spoke on the 2004 2}-year storm. There were no further comments from the floor, and the hearing was closed. Council expressed the following concems: additional research on legal basis for creating storm drainage property fee would take about a month; community facilities district (CFD) exemption or deferment for seniors a possibility with concern for amount of revenue affected; a General Obligation Bond could be placed on the November ballot; super majority vote potential in November election due to expected high voter turnout although that ballot may have too many items on it which could affect the results; a CFD election would be on a mail-in ballot; General Fund cuts could occur if the measure fails; another consideration is consultant cost to set up tax structure; majority of Council preferred the CFD. Council agreed to proceed with the additional research on a legal basis for creating a storm drainage property fee and directed staff to determine potential General Fund cuts of $2 million should the measure fail. 6.b. FINAL ADOPTION OF AMENDMENT TO BUSINESS LICENSE ORDINANCE TO INCLUDE CONTRACT MUNICIPAL RECREATION EMPLOYEES IN PAYMENT EXEMPTIONS FinDir Nava reviewed the staff report and requested Council hold a public hearing on the adoption of the amendment to the Business License Ordinance exempting recreation contract employees from the Business License Tax. Mayor O'Mahony opened the public hearing. Charles Yoltz,725 Yemon Way, spoke on this item. There were no further comments from the floor, and the hearing was closed. Councilwoman Nagel made a motion to approve adoption of Ordinance No. 1815 amending Section 6.04.240 to correct statutory citation and clarify that City Recreation Program providers are exempt from Business License Taxes; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor O'Mahony directed CC Mortensen to publish a summary of the ordinance within 15 days of adoption. 6.c PUBLIC HEARING TO APPROVE EXPENDITURE, OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS ALSO REFERRED TO AS COPS (CITIZENS OPTIONS FOR PUBLIC SAFETY) COP Van Etten reviewed the staff report and requested Council hold a public hearing and approve Resolution No. 1-2008 for the expenditure of Supplemental Law Enforcement Services Funds. Burlingame City Council Approved Minutes 592 January 7,2008 Mayor O'Mahony opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to approve Resolution No.1-2008, approving the plan of the Chief of Police for expenditure of Citizens Options for Public Safety (COPS) Funds; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 8. STAFF REPORTS AND COMMUNICATIONS a.ORIZE DESIGN OF A CENTENNIAL INSTEAD OF THE BURLINGAME TRAIN STATION P&RD Schwartz reviewed the staff report and requested Council amend the Centennial Project to the west end of Washington Park and authorize staff to move forward with the design and fundraising phases of the project. Suggestions included a bandstand and bocce ball courts at Washington Park or repairing the existing USGS monument in Washington Park and adding either a flagpole or a statue of Anson Burlingame and a commemorative Centennial plaque. Council expressed the following concerns: bandstand costs are high; already spent money onplaza design; prefer a less costly Centennial project; plaza should be incorporated into Downtown Specific Plan; plaza project seemed appropriate since new Caltrain platform work is in progress; citizens have had parking concerns with the plaza design; plaza fundraising has been difficult. Council concurred that the plaza design will be part of the Downtown Specific Area Plan; fundraising for the Centennial plaza will be discontinued; and for staff to determine if the USGS monument could be repaired and at what cost for possible consideration as a Centennial monument. P&RD Schwartz provided an update on the remaining Centennial events scheduled. 9. CONSENT CALENDAR Mayor O'Mahony requested removal of Item b. from the Consent Calendar for further discussion, and Vice Mayor Keighran requested removal of Item e. from the Consent Calendar for further discussion. a.APPROVAL OF LABOR WITH TEAMSTERS LOCAL 856 HRD Dolan requested Council approve Resolution No. 2-2008 approving changes to the Memorandum of Understanding (MOU) between the City and Teamsters Local 856 and authorizing the City Manager to execute the MOU. ON NO. 3-2008 FIXING THB EMPLOYER' UNDER THE PUBLIC EMPLOYEES'ICAL AND HOSPITAL CARE ACT c. EFFECTIVE JANUARY 1. 2OO8 HRD Dolan requested Council approve Resolution No. 3-2008 fixing the employer's contribution under the Public Employees' Medical and Hospital Care Act. d. APPROVE 2OO8 CITY OF BURLINGAME INVESTMENT POLICY Burlingame City Council Approved Minutes s93 January 7,2008 f. FinDir Nava requested Council approve the City's Statement of Investment Policy for 2008. RESOLUTION NO. 4.2008 ACCEPTING MILLS CANYON SEWER AND ACCESS ROAD REPAIRS PROJECT BY HILLSIDE DRILLING DPW Murtuza requested Council approve Resolution No. 4-2008 accepting improvements for the Mills Canyon Sewer and Access Road Repairs Project by Hillside Drilling. ob'RESOLUTION NO. 5-2008 ACCEPTING THE SCADA (SUPERVISORY CONTROL AND DATA ACOUISITION) SYSTEM PROJECT BY FLUIDIOS.INC. DPW Murtuza requested Council approve Resolution No. 5-2008 accepting improvements for the SCADA Project by Fluidiqs, Inc. REOUEST TO ATTEND OUT OF STATE CONFERENCE FOR LIBRARIAN AMY PELMAI\ Lib Escoffier requested Council approve out-of-state attendance at the Conference of the American Library Association in Philadelphia, Pennsylvania January 11-13, 2008 for Librarian Pelman. Vice Mayor Keighran made a motion to approve Items a., c., d., f., g., and h. of the Consent Calendar; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. b. RE,COMMENDATION TO CONFIRM REVISED 2OO8 CITY COUNCIL ASSIGNMENTS After Council discussion, the following changes were made to the 2008 City Council Assignments: h. t2. t7. t9. 23. 27. City/Schools Liaison Committee - list meeting time as To Be Determined Economic Development Committee - add Councilman Deal Fire ALS Joint Powers Authority - delete February 7 meeting date Housing Endowment and Regional Trust - add Vice Mayor Keighran Regional Financing Authority - change term ending date to 2011 e. APPROVAL OF A THREE-YEAR AG WITH MUNICIPAL AUDITING SERVICES (MAS) TO CONDUCT A LICENSE TAX AUDIT AND ENFORCEMENT PROGRAM; APPROVAL OF A FORTY-FIVE (4$ DAY BUSINESS LICENSE TAX AMNESTY PERIOD C NCING MARCH 1.2008: AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL DESIGNATING MUNICIPAL AUDITING SERVICES AS AN AUTHORIZED CITY ENTATIVE TO EXAMINE SALES AND USE RECORDS FinDir requested Council approve the agreement with Municipal Auditing Services and approve a resolution designating Municipal Auditing Services as an authorized City representative to examine sales and use records. Council discussed the following concerns: amnesty period too brief; consider income threshold; to not tax businesses outside of the city; punitive charges too high; consider input during earlier Public Comments by SAMCAR members; consider grouping vendor payment like Farmer's Market; if needed, consider exemptions after audit implemented; consider incentives for early payment. 594 Burlingame City Council January 1,2008 Approved Minutes Councilwoman Nagel made a motion that staff retum two Council meetings from now to present a revised plan to Council incorporating a longer amnesty period, adding incentives on payment options, adding group payment options, and making the appeal process transparent; seconded by Councilman Deal. The motion - was approved by roll call vote, 5-0. Councilwoman Baylock suggested providing SAMCAR with a presentation on Business License Tax requirements to alleviate some of their concerns. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on building height for California Drive corridor. John Root, 728 , spoke on various issues. Susan Castner-Paine,728 Concord Way, spoke on Centennial Monument. Bobbi Benson, 550 El Camino Real, spoke on the Centennial Monument. Tom Paine, 728 Concord Way, spoke on the flooding. Mary Hunt, 725 Vemon Way, spoke on the Business License Tax. Charles Voltz, 725 Yernon Way, spoke on the Centennial Monument. Stephen Hamilton, 105 Crescent Drive, spoke on several items. There were no further comments from the floor. 12. OLD BUSINESS There was no old business 13. NEW BUSINESS Councilman Deal requested posting Safeway meeting dates on the City's website and commented on economic development and sidewalk repair. Councilwoman Nagel suggested scheduling PG&E to discuss power outages and for a presentation on PG&E green projects. 14. ACKNOWLEDGMENTS a. Department Reports: Police, November 2007 b. Two letters from Comcast concerning programming adjustments 15.ADJOURN TO CLOSED SESSION IN MEMORY OF ROBERT F. KANE Mayor O'Mahony adjourned the meeting at ll:37 p.m. in memory of Justice Robert F. Kane, long time resident of Burlingame; Laveme Stagg, Councilman Deal's mother-in-law; and Ann Stovall, former Principal of Our Lady of Angels. CLOSED SESSION: Council met in closed session and directed staff regarding the following: 595 Burlingame City Council Approved Minutes January 7,2008 a.Threatened Litigation (Govemment Code $ 54956.9(bX1), (3XC)): Claim of Day Yan and Sharon Tsuei (CSAA) 16. ADJOURNMENT Mayor O'Mahony adjourned the meeting at I 1:45 p.m. Respectfu lly submitted, City Clerk Burlingame City Council Approved Minutes s96 January 7,2008 -/-eLe44-,