HomeMy WebLinkAboutMin - CC - 2008.02.04BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting of February 4, 2008
STUDY SESSION
a.COUNCIL POLICIES AND PROCEDURES
Council continued their review of the Council Policies and Procedures draft as previously discussed at the
January 7 and January 22,2008 Study Sessions.
I. 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 at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Chuck Mink
3. ROLL CALL
COUNCILMEMBERS PRESENT :
COUNCILMEMBERS ABSENT :
Baylock, Deal, Nagel, O'Mahony
Keighran
4. MINUTES
Councilwoman Baylock made a motion to approve the minutes of the January 22,2008 regular Council
meeting; seconded by Councilman Deal. The motion was approved by voice vote, 4-0-1 (Keighran absent)
Councilwoman Nagel made a motion to approve the minutes of the January 26,2008 Council Goal Setting
Session; seconded by Councilwoman Baylock. The motion was approved by voice vote, 4-0-1 (Keighran
absent).
PRESENTATIONS
PRESENTATION OF RESOLUTION A DGING CONTRIBUTIONS OF
5.
a.
CONGRESSMAN TOM LANTOS
Mayor O'Mahony presented City of Burlingame Resolution No. 9-2008 commending Congressman Tom
Lantos for 28 years of exceptional service to the Burlingame community. Carol Mink and Betty Carlson of
Congressman Lantos' office accepted the resolution on behalf of the Congressman who was not able to
attend the meeting.
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Burlingame City Council February 4,2008
Approved Minutes
b. GREEN GUIDE FOR SAN MATEO COUNTY PRESENTED BY PG&E
Mayor O'Mahony stated that this PG&E presentation has been postponed.
6. PUBLIC HEARINGS
a. ADOPTION OF ORDINANCE NO. 1816 G THE EXISTING OVERNIGHT
PERMIT PARKING
Traffic Sergeant Williams reviewed the staff report and requested Council to hold a public hearing on the
adoption of Ordinance No. 1816 repealing Section 13.32.080 of the Municipal Code regarding ovemight
parking permits. The ordinance includes the sunset clause as requested by Council. Ordinance No. 1816 shall
be effective until March 1,2013, unless earlier amended or extended.
Mayor O'Mahony opened the public hearing. Pat Giomi, 1445 Balboa Avenue, spoke. There were no further
comments from the floor, and the hearing was closed.
Councilwoman Baylock made a motion to approve adoption of Ordinance No. 1816 repealing Section
13.32.080 of the Municipal Code regarding parking permits; seconded by Councilman Deal. The motion was
approved by roll call vote, 4-0-1 (Keighran absent). Mayor O'Mahony directed CC Mortensen to publish a
summary of the ordinance within 15 days of adoption.
7. PUBLIC COMMENTS
The following citizens spoke on Item 8.a., the Business License Audit: John Gieseker, 1605 McDonald Way;
George Mozingo of SAMCAR; and Charles Voltz, 725 Vemon Way. There were no further comments from
the floor.
8. STAFF REPORTS AND COMMUNICATIONS
^. APPROVAL OF A THREE-YEAR AG WITH MUNICIPAL AUDITING
SERVICES (MAS) TO CONDUCT A BUSINESS LICENSE TAX AUDIT AND
ENFORCEMENT PROGRAM: APPROVA OF A gO-DAY BUSINESS LICENSE TAX
RESOLUTION DESIGNATING CIPAL AUDITING SERVICES AS AN
AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE RECORDS
FinDir Nava reviewed the staff report and requested Council to approve a three-year agreement with
Municipal Auditing Services (MAS) to conduct a Business License Tax audit and enforcement program; to
approve a 90-day tax amnesty period from March 1 to May 31, 2008; and to adopt the resolution designating
MAS as an authorized representative of the City of Burlingame to examine Sales and Use records. Kevin
Weigant of Municipal Auditing Services also responded to Council's questions.
Council comments: This is a step in the right direction to enhance funding; today's business environment
has changed since the tax was initiated in 1978 - tax should be based on a business' impact to the city; results
of audit may affect City's good will; concerns for equitability of tax.
Burlingame City Council
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February 4,2008
AMNESTY PERIOD COMMENCING MARCH 1.2008: AND ADOPTION OF
Councilwoman Nagel made a motion to approve the agreement and the amnesty period, and to adopt the
resolution designating MAS as an authorized City representative to examine Sales and Use records;
seconded by Mayor O'Mahony. Further Council discussion ensued: agreement's three-year time span seems
excessive; enforcement appears intrusive; tax collection structure is draconian.
Mayor O'Mahony made a motion to continue this item to the February 19, 2008 Council meeting when the
full Council would be in attendance; seconded by Councilwoman Nagel. The motion was approved by roll
call vote, 4-0-1 (Keighran absent).
b.INTRODUCTION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE TO
EXEMPT EXHIBITORS SOLELY SELLING FOODSTUFFS, LIVE PLANTS. ART WORK
OR HANDICRAFTS AT AN EVENT OR MARI(ET IN THE CITY OPERATED BY ANY
RELIGIOUS, FRATERNAL, EDUCATIONAL, MILITARY, STATE, CQUNTY QR
MUNICIPAL ORGANIZATION OR ASSOCIATION
FinDir Nava reviewed the staff report and requested Council to introduce an ordinance to exempt certain
exhibitors at an event or market in the City operated by exempt organizations from Business License Taxes.
Mayor O'Mahony requested CC Mortensen read the title of the proposed ordinance amending Section
6.04.240 to exempt certain vendors at events and markets conducted by exempt organizations from Business
License Taxes. Councilwoman Baylock made a motion to waive further reading of the proposed ordinance;
seconded by Councilwoman Nagel. The motion was approved by voice vote, 4-0-1 (Keighran absent).
Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman
Nagel. The motion was approved by voice vote, 4-0-l (Keighran absent). Mayor O'Mahony requested CC
Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption.
CONSENT CALENDAR
CONSIDER INCREASING THE 2OO8 SOLID WASTE RATES BY FIVE PERCENT (5%)
WITHIN THE CITY OF BURLINGAME
FinDir Nava requested Council approve Resolution No. 1l-2008 setting a public hearing to consider rate
increase for solid waste collection and recycling services for Allied Waste.
b. APPROVE REVISED COUNCIL CALENDAR FOR 2OO8
CC Mortensen requested Council approve the revised 2008 Council Calendar adding the Council Budget
Study Session on May 28,2008.
c. RESOLUTION NO. I 2-2008 EXTENDING THE DEPOSIT OF FUND S FROM APPLE
9.
a.
COMPUTER AT 1301 BURLINGAME AVENUE FOR STREETSCAPE IMPROVBMENTS
DPW Murtuza requested Council approve Resolution No. 12-2008 making findings pursuant to Government
Code Section 66001 regarding deposit of funds made by Apple Computer for streetscape improvements at
1301 Burlingame Avenue (Encroachment Permit 11810 - City Project No. 320-75110-220).
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February 4,2008
RESOLUTION NO. 11-2008 SETTING A PUBLIC HEARING ON MARCH 17. 2OO8 TO
Councilwoman Baylock made a motion to approve the Consent Calendar; seconded by Councilwoman
Nagel. The motion was approved by voice vote, 4-0-1 (Keighran absent).
Charles Yoltz,725 Yemon Way, spoke on the Business License Audit. Pat Giorni, 1445 Balboa Avenue,
commended Planning Commissioner Ralph Osterling for his expertise and service to the community. There
were no further comments from the floor.
12. OLD BUSINESS
FinDir Nava stated that the construction planned for Council Chamber improvements willbe as unobtrusive
as possible. If the Chambers need to be closed for construction work, the City Council will meet in the Lane
Room at the Main Library.
FinDir Nava stated that the letters to solid waste customers announcing the proposed rate increase will be
sent out in the near future.
13. NEW BUSINESS
Mayor O'Mahony requested a report on the number of false burglar alarms received. This report will be
furnished at the Impact Fee Study in March.
Mayor O'Mahony asked about the status of establishing the Parks and Recreation Foundation. P&RD
Schwartz stated that he will check the status with former Parks and Recreation Commissioner Ed Larios
since he is the leading force on this project.
Councilwoman Nagel commended staff for creating the new Teen Room at the Recreation Center
Councilman Deal stated he recently received several complaints about plan checking and requested staff to
make sure the plan checking process goes more smoothly.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, January 14 &28,2008; Parks & Recreation, January 17,2008
b. Memorandum from Public Works Director regarding the Regional Water Quality Control Board
proposed Municipal Regional Permit (MRP) for storm water runoff.
DPW Murtuza stated that the new MRP will entail significant changes; e.g., trash control devices at catch
basins must be 5 millimeters in size; a more stringent street sweeping program; more compliance reviews for
new private development; storm water must be diverted into the sanitary sewer system for treatment. These
changes will result in higher operating costs to the County and municipalities.
Burlingame City Council
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February 4, 2008
10. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings each of them attended on behalf of the City.
11. PUBLIC COMMENTS
15. ADJOURNMENT
Mayor O'Mahony adjourned the meeting at 9:10 p.m. in memory of long-time resident Holly Briggs, and
Jennifer Pfaff s father, Bartholomew Easton of Hillsborough.
Respectfully submitted,
h-Zr**
City Clerk
Burlingame City Council
Approved Minutes
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February 4,2008