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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. 602 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 Approved Minutes 603 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). Burlingame City Council Approved Minutes 604 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 Approved Minutes 60s 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 606 February 4,2008