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Home My WebLink AboutMin - CC - 2004.07.19BURLINGAME CITY COUNCIL Approved Minutes Regular Meeting of July 19,2004 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 O'Mahony called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Joe LaMariana. 3. ROLL qALL COUNCILMEMBERS PRESENT : COUNCILMEMBERS ABSENT : Baylock, Coffey, Galligan, Nagel, O'Mahony None 4. M.INUTES Vice Mayor Galligan made a motion to approve the minutes of the July 19, 2004 Council meeting; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. cl-osEp sESsroN Council met in closed session and directed staff regarding the following: a. Conference with Labor Negotiators pursuant to Government Code $ 54957 .6: City Negotiators: Jim Nantell, Bob Bell; Labor Negotiators: PolicelFire Administrators; AFSCME, Locals 2190 and829 b. Pending litigation (Government Code $ 54956.9(a)): Dennis J. Amoroso Construction Company c. Pending litigation (Government Code $ 54956.9(a)): Jefferson-Martin Transmission Project (CPUC Application) 5. PRESENTATION a. BURLINGAME GIRLS SOFTBALL UPDATE PRD Schwartz introduced the Burlingame Girls Softball league as well as Coach Joe LaMariana and Coach John Hunter, who gave an update on the league to Council. Burlingame City Council Approved Minutes 150 July 19,2004 b. JOINT POWERS BOARD/CALTRAIN AY AND BURLINGAME AVENUE TRAIN STATION IMPROVEMENTS A presentation was given by the Peninsula Corridor Joint Powers Board; staff recommended Council provide feedback on the planned Broadway and Burlingame Avenue Train Station improvements. PUBLIC HEARINGS CONSIDER APPROVAL OF AMUSEMENT FOR 22I PARK ROAD COCKTAIL f,. a. LOUNGE CA Anderson recommended Council consider an amusement permit for 221Park Road for disc jockey and karaoke from 3:00 p.m. to l:30 a.m., seven nights a week and video machine for a six-month period. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Vice Mayor Galligan made a motion to approve the amusement permit for 221Park Road; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. b. ADOPTION OF ORDINANCE TO DEVELOPMENT FEES FOR PUBLIC IMPROVEMENTS IN THE BAYFRONT SPECIFIC AREA PLAN CP Monroe requested Council hold a public hearing and take action on the ordinance to amend the Bayfront Development Fee. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Councilman Coffey made a motion to approve the ordinance to amend development fees for public improvements in the Bayfront Specific Area Plan; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. c. ANNUAL COST OF LMNG ADJUSTME TO THE CITY OF BURLINGAME MASTER FEE SCHEDULE FD Nava recommended Council hold a public hearing and adopt Resolution #61-2004 to adjust the City of Burlingame Master Fee Schedule. 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 the adjustments to the master fee schedule; seconded by Councilman Coffey, approved unanimously by voice vote, 5-0. d.RE-ADOPT ORDINA CE #1738 APPROVING AMENDMENT TO BETWEEN CITY AND CALPERS TO PROVIDE FIRE CE EMPLOYEES WITH CREDIT FOR UNUSED SICK LEAVE AND CANCELLAIION OF PAYMENT FOR OPTIONAL SERVICE CREDIT Burlingame City Council Approved Minutes 151 July 19, 2004 CA Anderson recommended Council readopt Ordinance #1738 approving amendment to contract between City and CALPERS to provide fire service employees with credit for unused sick leave and cancellation of payment for optional service credit. Noted that this was not published in the San Mateo Time as requested and scheduled by the City Clerk. Mayor O'Mahony opened the public hearing. There were no comments from the floor and the hearing was closed. Vice Mayor Galligan made a motion to approve the ordinance approving amendment to contract between City and CALPERS to provide fire service employees with credit for unused sick leave and cancellation of payment for optional service credit; seconded by Councilwornan Baylock, approved unanimously by voice vote, 5-0. 6. PUBLIC COMMENTS There were no comments from the floor 7. STAFF REPORTS a.INTRODUCE ALTERNATIVE ORDINANCES TO AMEND CHAPTER 6.36 REGARDING REGULATION OF TAXICAB FARES CA Anderson requested Council introduce each alternative proposed ordinance regarding regulation of taxicab fares. Mayor O'Mahony requested CC Musso read the title of the first proposed ordinance. Councilman Coffey made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the first proposed ordinance; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Musso read the title of the second proposed ordinance. Councilman Coffey made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Councilman Coffey made a motion to introduce the second proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. PROVISIONS REGARDING USE OF PARKS AND RECREATIONAL AREAS DPR Schwartz recommended that the City Council introduce an ordinance to amend Chapter 10.55 to update provisions regarding the use of Parks and Recreational areas as proposed by the Parks & Recreation Commission. lncluded is a new regulation that would prohibit dogs from City playground areas. Burlingame City Council Approved Minutes t52 July 19,2004 b. INTRODUCTION OF ORDINANCE TO AMEND CHAPTER 10.55 TO UPDATE Vice Mayor Galligan made a motion to adopt the Parks rules and regulations to include prohibiting dogs from City playground areas; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5- 0. Mayor O'Mahony requested CC Musso read the title of the second proposed ordinance. Vice Mayor Galligan made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. Vice Mayor Galligan made a motion to introduce second proposed ordinance; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-0. c. PRESENTATION OF SAFEWAY STORE PUBLIC OPINION RESEARCH AND DISCUSSION OF POSSIBLE CHANGES IN PREVIOUSLY DENIED PROPOSAL FOR SAFEWAY WALGREENS AT EL CAMINO REAL AND HOWARD AVENUE CM Nantell requested Council review and discuss presentation relative to telephone survey and signature gathering efforts regarding the Safeway project that was acted on by the Council in February,2003. Mark Hudak, Attorney representing Safeway, and David Binder, CEO of DBR, an independent research company, made a presentation to Council regarding their survey. MaryAnne Saucedo also made a presentation on the status of her signature gathering efforts The following residents spoke against the previously denied proposal: Rena Gilligan, 1518 Burlingame Avenue, Don Corey, 833 Alpine, Dick Fuller, 22l}Poppy, Charlene Schmitz 1237,Bellevue, Mike Spinelli, 1301 Mills Avenue, Sheila Myers, 1400 Floribunda Avenue, Tom Paine, 728 Concord Way, Rudy Horak, Kerbey Altman, 1537 Cypress, Janet Martin, 741 Cumberland, Carl Martin, 741 Cumberland, John Root, 1407 Montero Way, Charles Voltz, 735 Vemon Way, Jennifer Pfaff, 615 Bayswater, Russ Cohen, 605 Lexington. The following residents spoke in favor the previously denied proposal: Evelyn Walker, 804 Fairfield, Jeriann Fleres, 1552 Ralston, Dave Dewey, 1415 Capuchino, Linda Humber, 119 Primrose, Bob Appleby, 500 Almer Road, Pam Appleby, 500 Almer Road. CONSENT CALENDAR AND FOLLOW ESTABLISHED SEXUAL ASSAULT PROTOCOLS PC VanEtten requested Council support the 2003/04 San Mateo County Civil Grand Jury's report on Sexual Assault Cases in San Mateo County, and their recommendation for all county police departments to adhere to officer training, review and following established county sexual assault protocols. b.RESOLUTION #67.2004 AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TOWN OF HILLSBOROUGH TO PROVIDE HUMAN RESOURCE SERVICES Burlingame City Council Approved Minutes 8. a. 153 July 19,2004 CITY COUNCIL LETTER SUPPORTING SAN MATEO COUNTY CIVIL GRAND JURY RECOMMENDATIONS FOR POLICE DEPARTMENTS TO CONTINUALLY REVIEW HRD Bell requested Council authorize the City Manager to execute an agreement to provide Human Resource services to the Town of Hillsborough. c.APPROVAL OF OUT-OF-STATE TRAVEL FOR FIRE MARSHAL TO ATTEND THE NATIONAL FIRE ACADEMY IN MARYLAND FC Reilly requested Council approve the out of state travel for Fire Marshal Rocque Yballa to attend a "Management of Fire Prevention Programs" Course at the National Emergency Training Center at Emmitsburg, MD. d.APPROVAL OF ATTENDANCE AT OUT-OF-STATE CONFERENCE FOR FOUR PUBLIC WORKS DEPARTMENT STAFF IN NEVADA DPW Bagdon recommended that Council approve the attendance of four staff members at an out-of-state conference in Sparks, Nevada, for the Califomia Water Environmental Association (CWEA). e.ADOPT RESOLUTION #65.2004. RULES AND REGULATIONS PROHIBITING DOGS FROM CITY PLAYGROUND AREAS P&RD Schwartz recommended that the City Council adopt Resolution #65-2004, rules and regulations prohibiting dogs from City playground areas as proposed by the Parks & Recreation Commission under Municipal Code Section 10.55.030, Rules and Regulations. f. ADOPT RESOLUTION #66-2004 AWARDING BURLINGAME PARK SUBDIVISION SEWER REHABILITATION PROJECT. PHASE 2 DPW Bagdon recommended that Council approve Resolution #66-2004 awarding the Burlingame Park Subdivision Sewer Rehabilitation project to D'arcy & Harty Construction, Inc. in the amount of $1,289,657 including the base bid and altemate bid number 1. ADOPT RESOLUTION #64.2004 APPROVAL THE AMENDMENT TO THE BART MEMORANDUM OF UNDERSTANDING REGARDING LANDSCAPING AND TREE REPLACEMENT P&RD Schwartz recommended that Council approve the Resolution#64-2004 approving the amendment to the BART Memorandum of Understanding. APPROVE RESOLUTION #62.2004 AUTHORIZING ASSOCIATIN OF POLICE ADMINISTRATORS AGREEMENT HRD Bell recommends Council approve Resolution #62-2004 authorizing the City Manager to incorporate the Tentative Agreement between the Police Administrators and the City of Burlingame into the Police Administrators Memorandum of Understanding. K. WARRANTS AND PAYROLL FD Nava requested approval for payment of Warrants #96004-96426 dtily audited, in the amount of $2,777 ,889.07 (excluding library checks 96004-96040), Payroll checks #158690-159009 in the amount of $2,128,767.79 for the month of June 2004. t54 Burlingame City Council July 19,2004 Approved Minutes l. Mayor O'Mahony pulled items 8h and 8j from the consent calendar for further discussion. Vice Mayor Galligan made a motion to approve the Consent Calendar, excluding items 8h and 8j; seconded by Councilwoman Baylock, approved unanimously by voice vote, 5-1. h.VE RESOLUTION #63.2004 AUTHORIZIN AMERI COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCALS 829 AND 2190 LABOR AGREEMENT HRD Bell recommends Council approve Resolution #63-2004 authorizing the City Manager to incorporate the tentative agreement between AFSCME Locals 829 and2l90 and the City of Burlingame into the Memorandum of Understanding for each of these units. Mayor O'Mahony expressed gratitude for Locals 829 and 2190, which agreed to a salary freeze the last two years as well as agreeing to a modified cafeteria plan to help contain health costs for the City of Burlingame. Councilman Coffey made a motion to approve item 8h of the consent calendar; seconded by Vice Mayor Galligan, approved unanimously by voice vote, 5-0. j REOUEST TO SCHEDULE SPECIAL CITY COUNCIL MEETING ON AUGUST 16.2004 CC Musso requested Council schedule a special City Council meeting for August 16th at 6:30 p.m. in Conference Room A to award the following three storm drainage construction projects: l) Sanchez Creek dredging; 2) Storm drain line crossing California Drive; 3) Storm drain line in Almer and Bellevue Avenues. Mayor O'Mahony requested that this meeting be changed from a special meeting to a regular meeting. Vice Mayor Galligan made a motion to approve item 8j of the consent calendar; seconded by Councilwoman Baylock; approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings they each attended on behalf of the City. 10. OLD BUSINESS 11. NEW BUSINESS Mayor O'Mahony requested that the August 2nd meeting be cancelled. Councilman Coffey made a motion to cancel the meeting of August 2nd; seconded by Councilwoman Baylock, approved unanimously by voice vote,5-0. Vice Mayor Galligan requested the appeal for 2700 Martinez be pulled and placed on the agenda for August 16th. An appeal hearing for 620 Airport Boulevard was scheduled for September 7,2004. 155 Burlingame City Council Approved Minutes July 19,2004 a. c. Councilwoman Nagel responded to comments made in the newspaper by Vice Mayor Galligan. 12. ACKNOWLEDGMENTS Commission Minutes: Parks & Recreation Committee, June 17,2004; Planning Commission, June 28, 2004 and J:uly 12,2004; Traffic, Safety and Parking, July 8,2004 b. Department Reports: Building, June 2004; Police, May,2004 Two letters from Comcast concerning CableCard service for digital-cable-read devices and a programming adjustment to Digital Premier services d. Letter from RCN concerning an increase in rates for digital vision tier and multiple premium channels cable services e. Letter from William Schwartz concerning the loud music coming from Abercrombie & Fitch 13. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 10 42 p.m. in honor/memory of J.D. "Tex" Patterson and Olga Nava, mother of Finance Director Jesus Nava, and requested prayers for former Mayor Gloria Barton. Respectfully submitted, yLutAaD Ann T. City Clerk Burlingarne City Council Approved Minutes i56 luly 19,2004