HomeMy WebLinkAboutAgenda Packet - CC - 2005.02.07 Clty OfBUrAJ798MC
BURLINGAME
CITY HALL-501 PRIMROSE ROAD
BURLINGAME,CALIFORNIA 94010
(650)55&7200
BURLINGAME CITY COUNCIL AGENDA
Regular Meeting - Monday, February 7, 2005
Page 1 of 2
C. Resolution accepting street resurfacing program for 2004 by
O'Grady Paving, Inc.
10. COUNCIL COMMITTEE REPORTS
11. OLD BUSINESS
12. NEW BUSINESS
13. ACKNOWLEDGMENTS
a. Commission Minutes: Library, November 16, 2004;
Beautification, January 6, 2005; Traffic, Safety &Parking,
January 13, 2005; Parks &Recreation, January 20, 2005;
Planning, January 24, 2005
b. Department Reports: Building, January, 2005
C. Letter from Kent Putnam to the City Manager requesting
consideration of a rental car location at Mazda dealership
14. ADJOURNMENT
NOTICE:Any attendees wishing accommodations for disabilities,please contact the City Clerk at(650)558-7203 at
least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's
office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting.Visit the
City's website at www.burlinQame.org. Agendas and minutes are available at this site.
NEXT MEETING—Tuesday, February 22, 2005
Sustainable San Mateo County Sustainable San Mateo County
* Non-partisan, volunteer-based,
509(c)(3)
* Mission: Cultivate an economically vital,
sustainablesanmateo.org environmentally healthy, and socially just
region.
1800 supporters
What is Sustainability?
. Living sustainably means that we meet
today's needs without compromising the
ability of future generations to meet their
needs.
(ECONSOMYSOCIAL• Triple bottom line:economic vitality,
environmental health, and social equity
Why care about sustainability? Why care about sustainability?
Because our county's per capita gasoline . Because our county will reach the
use is over 50 times that of China limits of our water supply allocation by
2015 or sooner
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Why care about sustainability? Why care about sustainability?
s Because 16%of East Palo Alto residents • Because it takes a family income of$133,046
live below the federal poverty level to afford a median-priced home($650,000)
• Because almost 15%of the county's
residents are touched by hunger
SSMC's Goals SSMC "Indicators Report"
i Provide fact-based intormation about S.M.Co's • A"report card"of S.M.Co.'s quality of fife.
economy.environment.and society.
Educate the community about sustainability. • Includes measures of the economic,
*social,and environmental health
_SAM mATtO IOUN fY
s. Bring the concepts of sustainability into the of our Community. •�-=�.
mainstream of decision-making county-wide.
• Evaluates data over time and
Contribute to the tong-term improvement of our compared to other locales.
economy,environment,and society.
What is an Indicator? Indicator: Energy Use
• A marker of community vitality .Use is 4 times greater in
• Uses statistics,graphs,or trends
high-income neighborhoods
Assessment of:
- Environment(energy,pollution,biodiversity)
- Society(education,crime,health care)
- Economy(unemployment,poverty,income)
02 02 Electricity and Natural Gas Use Per Household Solution: Energy Efficiency
20.000 2000
16.00D 1.600
16.000 1.600
,i:000 ;:2200 b • Compact fluorescent bulbs
3 m.aoo taxa
Z e:� • ?anergy Star appliances
— s.aao noo
z
2.000 zoo • High performance windows
W Pc�odp°rP � , s' Pw A`s 0�c,s0v�c�� • Welt4risulated homes
r� • Programmable thermostats
s Electricity�nave;ce6 • Shade trees
Example: Oracle Example: Tremont Schools
• Lighting upgrades,HVAC work, Energy Star'Partner of the Year'
occupancy sensors �-�
•r{� --— r Adopted rent plan
in 19 energy
• Saving almost$900.0OOtyear -_ — ;�ranagernetrt play in 1999
• Return on investment in less than • Saved$1.8 million in 2003
8 months
. .Average monthly electricity use * Reduced carbon emissions by 752,000 lbs.
per employee dropped 20%in
two years
Solution: Green Building Standards Example: Gap, Inc.
• Building orientation 30%more energy efficient
• Passive solar design ti
than required by CA law
• Natural ventilation and r • Energy savings pay for
1 ..
passive cooling higher design costs within •, •'~
eatrs
• Use recycled materials - _67 :';1 • Innovative use of air
circulation and daylighting
• www.RecycleWorks.org
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Example: San Mateo County Indicator: Housing
• Adopted Sustainable Building Policy in 2001 82%of households cannot afford a
• Future County buildings must be"green" median-priced home.
ILEED standards)
. Pian and develop more housing
{ . Emphasize affordable units and green
building
ai
Percentage of Households That Can Afford to
Purchase a Median-Priced Home indicator: Transportation
100%
90%
M%
M% 59% 57% . Congestion down 57% since 2000
6, 55% %
•
50'X
409 07% 31% 35% 30% 25% * Most commuters still drive alone
ii30%
10% +9% 15% 21% 19% 18%
0%
1999 11/00 11/01 11102 11/08
_41—united States f-Caibmi l San Wea County
Hours/Day Delay on S.M.Co.Freeways I Commute Modes in S.M.Co.
t
20.000 1 _
120"/0
18.003 18.100 1
16.000 1 90%
14.000
12000 11.500 60%
10.900
a 10.000 30% --
8.000 7.00D 9/0007,70C Im
6.000 0%
4.000 0.10D 1 O�� �jO� �h �b A �pR> (�JA O IN OL
2.000
0
+ +W7 1903 IM 20° 7D01 2arz ®Drive Alone❑Carpool■Transit❑Other
Uw+wa"7tiewa"u".vra�ir.'SGMwea"nwb<uP�o�.'M"�0.e"cauane n�q enrnpw"mn miw Z."�uM"MSY vc.moES e"di atammu"�.n
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Solution; Transit-Oriented
Example- Bay
Development (TOD) Meadows
. Mixed use(commercial; i„ . Transit village
office,residential) i
• New Hillsdale CalTrain
• Built near transit stations station
. High-density,designed • Pedestrian and bicycle
well amenities
• Range of home types -
' . Include parkslopen span:
7_7
Cities with TOD Ordinances Indicator: Air Quality
• Arlington • Mountain view . County enjoys relatively mean air
• Atlanta • Oakland • Auto exhaust is primary source of pollution
. Los Angeles • Sacramento . I oiiution that we create affects other parts of
• Louisville • San Diego the Bay Area and California
• Phoenix • Seattle
• Portland
%of Monitored Days that S.M.Co.'s Air Quality
Exceeded State PM10 and Ozone Standards
50% Solution: Clean Cars and Tools
46%
40% . Electric garden
35% equipment
30% t PM10
25% -G-Ozone • Hybrid cars
20%
15% • Low emissions vehicles
i
10%
e% -
o% >�
I 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
5
Example: S.M.Co. Government Indicator: Water Use
25%of new fleet is r Use is tap 20+percent over..i i years
hybrids
. 48 t,ybrid vet,ides so far r(population only tap 9%over same
`. 44 n, period)
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Water is a critical, limited resource
Water Use in San Mateo County
l 966 970 Solution: Conservation
93.3 95.1
95 W
S 83.7 �"�., 877 . Law flow toilets ag+,
73s ns • Efficient waslsing :.VA,
'{ a
ro 743 machines
;t
o65 ro.s w Sustainable landscape_
f m resign
. Water recycling
. Fv Sumcr mat Fr mm Fr stv.cr sevswss9s cr ssm Fr arae Fr 9se9 Fr ssa Fr mm yr mat
« Water reuse
Example: Acteron Example: City of Santa Monica
• High-tech plating company in San Carlos A No-water-waste ordinance
* Redu,,ed water use by over 80% « Grants for garden designs that demonstrate
•
sinstafnable practices
Uses 500 galionslday{comparable plants use
30,000 gallonsiday) . Free home water assessments
• Saves$20,000 a year in waterisewer charges.
6
Example: City of Santa Monica How does Burlingame compare?
. Use of recycled water for irrigation and toilets
• A$4 monthly fee until homes have been
retrofitted with water conserving fixtures
• Buildings that change ownership must be
retrofitted with water-efficient fixtures
,N� N
What you can do (personally) What you can do (personally)
• Choose a fuel-efficient,low-polluting car • Practice water conservation
• Avoid pesticides,fertilizers,and hazardous s Volunteer time or money
cleaners and paints
• Shop locally-owned businesses
• Install efficient lighting and
appliances ''
• Buy local,organic produce
• Walk,bike,and take public transit
What Local Government Can Do What Local Government Can Do
• Develop a sustainability plan • Provide incentives for water conservation
• Revise the general plan to incorporate smart growth • Use recycled water for landscape irrigation
and sustainable design concepts(Ahwanee Principles)
• Retrofit buildings to improve energy efficiency • Provide incentives for using transit.carpooling,
walking,or biking to work
• Adopt an environmentally and socially responsible j
procurement policy •Adopt a green building policy
7
J -
What Local Government Can Do Conclusions
• Develop a sustainability matrix for private • Indicators Report shows positive change,but
developments and CIP projects numerous concerns
• Encourage the adoption of"smart code"to + Continue to invest in sustainable projects
promote renovation and rehabilitation of
existing properties • Many opportunities for positive change
• Apply for grants to fund sustainable practices
Be Part of the Solution SSMC Sustainability Awards
• Join Sustainable San Mateo County � Recognition for individuals,businesses,
non-profits,and government organizations
. Support the indicators Report
• Winners support a healthy ecosystem,
• Visit our website $^is social well-being,and economic vitality.
• www.sustainablesanmateo.org . Awards dinner is February 24,2005
tlreated in cooperation with:
www.sustainablesanmateo.org
THE SAN FRANCISCO FOUNDATION
x
Sustainable ' • County
7777
Errvironraent Social Equity Economic Vitality
What Local Governments
Can Do to Promote Sustainability
(and who's doing it already)
Plan for Develop a sustainability plan that includes goals, objectives, and performance
Sustainability measures that can be used to gauge progress towards sustainability. Think
about improving your performance in all three aspects of sustainability:
economy, social equity, and environment. A triple bottom line. (Santa Monica,
San Francisco, Palo Alto)
Smart Growth Revise the general plan to incorporate smart growth design concepts. Rather
than allowing developer-initiated, piecemeal development, local governments
should take charge of the planning process. General plans should designate
where new growth, infill or redevelopment will be allowed to occur. See
www.lgc.org/ahwahnee/principles. (Marin County, Merced, San Mateo's Rail
Corridor Plan & Bay Meadows Specific Plan, Burlingame's North
Burlingame/Rollins Road Specific Plan).
Purchase Adopt an environmentally and socially responsible procurement policy.
Responsibly Specify recycled content products, non-toxic cleaners, integrated pest
management, hybrid vehicles, energy-efficient computers/equipment, and
compact fluorescent lights. (San Francisco, County of San Mateo, Santa
Monica)
Retrofit Buildings Improve the energy efficiency of existing buildings by upgrading windows,
HVAC systems, and replacing inefficient lighting systems. See
www.energystar.gov. (Fremont Schools, San Francisco, Santa Monica,
County of San Mateo, Equity Office, Cisco Systems, Oracle)
(over)
Be Water Wise Conserve and/or recycle water. Water-efficient landscapes conserve water
without sacrificing beauty. Recycled water can be used for manufacturing,
landscape irrigation, fountains, and fire protection. See www.bawsca.org.
(Daly City, Redwood City, Santa Monica, Acteron, Hewlett Foundation,
Stanford University)
Build Greener Employ green building principles for new construction. Green building
practices save energy, water, resources, and money, while improving air
quality and worker productivity. Encourage green building in your community.
See www.recycleworks.org. (County of San Mateo, City of San Mateo, Austin,
Texas, Santa Monica, San Francisco, The Gap, Hewlett Foundation, Stanford
University)
Provide Local governments should provide citizens with transportation options such as
Transportation transit, bike lanes, sidewalks and pedestrian amenities (Palo Alto, Menlo
Options Park, San Carlos, Santa Monica). Employers should reward employees for
carpooling, walking, biking, and taking transit to work. See www.commute.org.
(County of San Mateo, Stanford University, Genentech, Amgen, South San
Francisco)
Compensate Fairly Provide health insurance and a living wage to employees. Support a living
wage policy for your community. (San Francisco, San Jose, Santa Clara,
Oakland, Hayward)
For more information:
Sustainable San Mateo Count '"°N MA FOR `QST"'""I"
y SAN TEO COUNTY
2004 Report Card on Our C—ty',Q1iry of l:le
Eahh awel E.i_,
177 Bovet Road, Sixth Floor
San Mateo, CA 94402
650-638-2323 4& "
advocate@sustainablesanmateo.org
www.sustainablesanmateo.org -
- r
County
Sustainable I 1 •
Environment Social Equity Economic\Atality
Living Sustainably: How You Can Make A Difference
Environment
Fuel-Efficient Cars Choose a fuel-efficient, low polluting vehicle as your next car. This reduces our dependence
on foreign oil and helps reduce local pollution. Look for SULEV or PZEV emissions ratings
and 40 MPG or more(www.fueleconomy.gov).
Smart Energy Use Invest in energy-efficient lighting, insulation, thermostats, appliances, windows,etc. Look for
the Energy Star rating on thermostats and appliances (www.energystar.gov).
Nontoxic and Natural Use nontoxic or natural alternatives to fertilizers, pesticides, solvents, or chemical cleaners; or simply
reduce how much you use(www.befterbasics.com).
Get Active Whenever practical,walk, bicycle, or take public transit. Good for your health and for
the environment(www.commute.orq).
Conserve Water Choose low-flow toilets, low-water washing machines, and water-wise landscape
plants(and don't over-water) (www.waterwiser.orq).
Social Equity
Equal Opportunity Support job training efforts by schools, business, and non-profits. Volunteer time or money to non-profits
that provide a hand up for our residents in need. Examples include SSMC Sustainability Award winners
OICW(www.oicw.orq)and The Bread Project.
Affordable Housing Volunteer time or money to non-profits that support affordable housing so that people who work here can
afford to live here. Examples include SSMC Sustainability Award winners Peninsula Habitat for Humanity
(www.pen insulahabitat.org), Mid-Peninsula Housing Coalition (www.mid pen-housing.org), and Shelter
Network(www.shelternetwork.org).
Donate, Don't Trash Donate gently used items for the benefit of others. RecycleWorks' (www.recycleworks.orq)
Re-Use Guide can help you find a new home for just about anything.
Economy
Buy Local Shop locally-owned businesses. Dollars spent at local retailers support not only that store, but
also a variety of other local businesses(banks, accountants, printers, etc.).
Support Our Local, Buy and eat local,organic foods. Shop your farmers' market or try a farm share(www.mariguita.com/csa).
Organic Farmers
Working Conditions Patronize businesses that pay a living wage and provide health benefits. Invest in socially
responsible mutual funds.
1 Nl�N Am i
(%) ido Sixth Annual
(�
11i
Thursday, February 24, 2005 •Mark Simon, Emcee
6-7 welcome,no-host bar,silent auction is raffle preview•7:00 dinner,program,presentation of awards
Best Western Grosvenor Hotel•380 South Airport Blvd.,So.San Francisco
(turn right at So.Airport Blvd.exit off Hwy.101)
Celebrate the remarkable achievements of those in our community
demonstrating a dedication to the long-term health and well-being of our county.
* Cargill Salt,Inc.,Salt Pond Restoration Project
* Central Elementary School,Belmont
* Jacob's Farm/Del Cabo,Inc.
,ir Pietro Parravano,Harbor Commissioner
* Surfrider Foundation San Mateo County
,ir Honorable mention:Elkus Youth Ranch
Green Building Awards
Co-sponsored by Sustainable San Mateo County,County of San Mateo RecycleWorks and
San Mateo County Chapter of the American Institute of Architects
*d'Souza/de la Torre Residence,Belmont
Architect:Arkin-Tilt Architects•Builder:Ebcon Development,Inc.•Owner:Gladwin d'Souza B:Martina de la Torre
,t Honorable Mention:Hogg Residence,Half Moon Bay
Achitect:John Hermannsson,A.I.A.•Builder:Spectrum Development•Owner:Alec a Michelle Hogg
Awards Presentation Dinner Registration
We appreciate our Sponsors
O Yes,please reserve_places @$75 Wells Fargo Bank
O Yes,I want to sponsor a table for 10 for$1000 The San Mateo County Times
Each sponsored table will be specially acknowledged. Lyngso Garden Materials
O Yes,I would like to make a contribution in support of SBC Communications
Sustainable San Mateo County,but I am unable to attend the dinner. BFI
Toru- See's Candy
No later than February 17,2005,return form Sequoia Hospital
and payment to SSMC,177 Bovet Rd.,6th Floor,San Mateo,CA 94402 Citibank
(For more information,call 650-638-2323) DES Architects+Engineers
(All donations are tax deductible to the extent allowed by law) Borel Bank
Name Ovegetarian Ochicken Norcat Waste Systems,Inc.
Nibbi Bros.
Name Ovegetarian Ochicken Bay Area Bank
The Raiser Organization
Address
Mills-Peninsula Health Services
PGEtE
Ph. email
Far any additional names,please indicate choice of vegetarian or dlkkM entree.
i
CITY 0
BURLINGAME
ago mom
�gATEG JUNE 6
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of January 18, 2005
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 Joe Galligan called the meeting to order at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Led by Jesus Nava, Finance Director.
CLOSED SESSION
CA Anderson advised that Council met in closed session and directed staff regarding the following:
a. Threatened Litigation (Government Code §54956.9(b)(1),(3)(c)) Claim of Diane Johnson, et al.
b. Threatened Litigation (Government Code §54956.9(b)(1),(3)(c)) Browning-Ferris Industries
C. Personnel Matter — One Item (Government Code §54957)
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Galligan, Nagel, O'Mahony
COUNCILMEMBERS ABSENT: Coffey
4. MINUTES
Two corrections were made to the minutes of the January 3, 2005 Council meeting: Item 8.c., correct Mara
Khan to Mara Kahn; and Iteml4., add to Charlotte Knollin, "of the Burlingame Historical Society Board."
Vice Mayor Baylock made a motion to approve the amended minutes of the January 3, 2005 regular Council
meeting; seconded by Councilwoman O'Mahony, approved by voice vote, 4-0-1 (Coffey absent).
5. PUBLIC HEARINGS
a. JOINT POWERS BOARD/CALTRAIN BROADWAY AND BURLINGAME AVENUE
TRAIN STATION IMPROVEMENTS
Asst. DPW Murtuza introduced Al Fung of the Joint Powers Board/Caltrain who made a presentation on the
Broadway and Burlingame Avenue Train Station improvements, which included public input received during
two public meetings and meetings they held with local businesses. Caltrain agreed to increase the lease area
to Mike Harvey along East Lane and will provide vehicle storage parking to Mike Harvey on West Lane on
1
Burlingame City Council January 18, 2005
Unapproved Minutes
joint City/Caltrain property. In addition, Caltrain and the City of Burlingame will jointly provide 16 metered
parking spaces along West Lane for the local businesses.
Asst. DPW Murtuza stated that encroachment permits would be required by both Caltrain and the City to
provide 16 public, metered parking spaces on joint City/Caltrain property on West Lane. Also, staff
recommended postponing conversion of Parking Lot V into a public plaza in front of the Burlingame Avenue
Train Station until after review of the current parking study and when funding becomes available in the
future.
Vice Mayor Baylock requested Caltrain retain existing sidewalk flags that are stamped `Burlingame Square"
for historical purposes.
Mayor Galligan opened the public hearing. The following West Lane area business owners spoke in favor of
leased parking rather than metered parking: Gary Doss, 214 California Drive; Karen Allen, 217 West Lane;
Ron Carter, 211 West Lane. Ken Schram, 260 East Lane, spoke on concern for parking availability during
construction. Charles Voltz. 725 Vernon Way, spoke on parking and landscaping on East Lane. Jennifer
Pfaff, 615 Bayswater, spoke on lack of trees in the plan and loss of the pedestrian walk-through at the
Burlingame Train Station. Mark Hudak, 216 Park Road, representing Mike Harvey, spoke on concern that
his 3-year lease with Caltrain is subject to 30-day termination. Nancy Doss, 214 California Drive, spoke in
favor of leased parking on West Lane and the need to add a loading zone. There were no further comments
from the floor, and the hearing was closed. V Vk 1�" 6"t A
Asst. DPW Murtuza stated that some of the curbside parking on West Lane could be converted to a loading
zone.
In response to a zoning question, CP Monroe stated that any business in the auto row overlay area, including
West Lane, that is not auto-related requires a conditional use permit. Mayor Galligan requested future
conditional use permits for this area be approved by Council to facilitate transitioning the area to auto-related
businesses only. Vice Mayor Baylock recommended allotting six of the 16 parking spaces to the auto-related
business in the 210-218 California building.
Councilwoman Nagel made a motion to designate four of the 16 parking spaces to be secured by the auto-
related business via a Caltrain lease and to designate the remaining 12 parking spaces with 2-hour meters;
seconded by Vice Mayor Baylock.
Councilwoman O'Mahony suggested tabling the motion and asked staff to configure allotment of the 16
parking spaces to the auto-related (leased)business based on the square footage of the building occupied by
the auto-related business, Rock and Roll Stereo, and to bring it back to Council for approval.
Councilwoman Nagel made a motion to table her motion; seconded by Mayor Galligan, approved by voice
vote, 4-0-1 (Coffey absent).
Vice Mayor Baylock made a motion to approve the proposal subject to finding the number of parking spaces
designated to Rock and Roll Stereo based on the quantitative number acceptable to Council; seconded by
Councilwoman O'Mahony, approved by voice vote, 4-0-1, (Coffey absent).
Councilwoman O'Mahony made a motion to approve closure of South Lane; seconded by Vice Mayor
Baylock, approved by voice vote, 4-0-1 (Coffey absent).
2
Burlingame City Council January 18,2005
Unapproved Minutes
Councilwoman O'Mahony made a motion to postpone conversion of Parking Lot V into a public plaza;
seconded by Councilwoman Nagel, approved by voice vote, 4-0-1 (Coffey absent).
b. RESOLUTION NO. 5-2005 AMENDING THE ROTATION TOW TRUCK REGULATIONS
Police Chief Van Etten requested Council hold a public hearing and adopt Resolution No. 5-2005 amending
the Rotation Tow Truck Regulations for the City of Burlingame.
Mayor Galligan suggested eliminating the calendar date basis for tow charges as shown in the gray area of
Item J.5.
Mayor Galligan opened the public hearing. Nicole Rochette, D&M Towing, stated that the storage fee is
typically based on a 24-hour day, not a calendar day. Nicole Caldwell, D&M Towing, spoke in favor of a
manned office in Burlingame. There were no further comments from the floor, and the hearing was closed.
Vice Mayor Baylock made a motion to approve Resolution No. 5-2005 amending Rotation Tow Truck
Regulations subject to making Item J.5. storage fees based on a 24-hour day; seconded by Councilwoman
O'Mahony, approved by voice vote, 4-0-1 (Coffey absent).
C. ACTION ON ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE NORTH
BURLINGAME AND ROLLINS ROAD SUBAREAS OF THE NORTH BURLINGAME
SPECIFIC AREA PLANS - DROPPED
This item was dropped from the Agenda.
d. JANUARY REVIEW AND RENEWAL OF AMUSEMENT PERMITS ON SIX MONTH
REVIEW
CA Anderson requested Council review the Amusement Permits for Alibi Club, Blush, and Fanny and
Alexander with the renewal cycle to continue at six-month intervals.
Mayor Galligan agreed to continue the review for Fanny and Alexander to a later date to discuss the
problems they've had at closing time. CA Anderson will re-schedule the Fanny and Alexander permit review
to a date when the owners are able to attend.
Mayor Galligan opened the public hearing for The Alibi Club and Blush. Larry Barron of The Alibi spoke on
the decrease of incidents and their cooperation in working towards peaceful resolutions. Also, the name of
the establishment is The Alibi, not Alibi Club. John Root, 1550 Bayshore, spoke on the trickiness of
businesses handling alcohol during late hours. There were no further comments, and the hearing was closed.
Councilwoman O'Mahony made a motion to approve Amusement Permits for The Alibi and Blush for a six-
month period; seconded by Vice Mayor Baylock, approved by voice vote, 4-0-1 (Coffey absent).
6. PUBLIC COMMENTS
John Root, 1550 Bayshore, spoke on the Redwood City Design Forum he attended recently and announced
future forum presentations. There were no further comments from the floor.
3
Burlingame City Council January 18,2005
Unapproved Minutes
7. STAFF REPORTS
a. CONSIDER APPOINTMENT OF PARKS & RECREATION COMMISSIONER
CM Nantell requested Council consider the appointment of the new Parks & Recreation Commissioner to
replace Mara Kahn's vacancy.
Councilwoman O'Mahony made a motion to appoint Cynthia Schreurs as the new Parks & Recreation
Commissioner whose term will expire October 7, 2006; seconded by Vice Mayor Baylock, approved by
voice vote, 4-0-1 (Coffey absent).
b. PLANNING COMMISSION VACANCIES
Mayor Galligan suggested combining two upcoming Planning Commission appointments expiring in April
with the current process of replacing Commissioner Keele's vacancy. Vice Mayor Baylock recommended
extending the application deadline to February 22, 2005. Council concurred on the new deadline.
C. TRANSMITTAL OF FY 2003-04 COMPREHENSIVE ANNUAL FINANCIAL REPORT
CAFR
FinDir Nava requested Council accept the FY 2003-04 Comprehensive Annual Financial Report. He
reported that the City received a clean audit report with an AA bond rating. Council accepted the report and
commended staff for a readable financial report and for having received the Certificate of Achievement for
Excellence in Financial Reporting.
8. CONSENT CALENDAR
a. RESOLUTION NO. 6-2005 APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH WINZLER & KELLY FOR THE DESIGN OF WATER MAIN REPLACEMENT FOR
THE BURLINGHOME/EASTON SUBDIVISION NO. 5, PHASE III
Asst. DPW Murtuza requested Council approve Resolution No. 6-2005 approving a professional services
agreement with Winzler& Kelly for the design of water main replacement for the Burlinghome/Easton
Subdivision No. 5, Phase I1I.
b. RESOLUTION NO. 7-2005 APPROVING CHANGES TO THE MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF BURLINGAME AND THE
TEAMSTERS, LOCAL 856
HRD Bell requested Council approve Resolution No. 7-2005 approving changes to the MOU between the
City of Burlingame and the Teamsters Local 856.
C. RESOLUTION NO. 8-2005 FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT OF THE TEAMSTERS,
LOCAL 856, COMMUNICATION DISPATCHERS
HRD Bell requested Council approve Resolution No. 8-2005 fixing the employer's contribution under the
Public Employees' Medical and Hospital Care Act of the Teamsters Local 856, Communication Dispatchers.
4
Burlingame City Council January 18,2005
Unapproved Minutes
d. ADOPT RESOLUTION NO. 9-2005 AMENDING THE AGREEMENT WITH SAN MATEO
COUNTY FOR ANIMAL CONTROL SERVICES
Police Chief Van Etten requested Council approve Resolution No. 9-2005 amending the agreement with San
Mateo County for animal control services.
Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilwoman
Nagel, approved by voice vote, 4-0-1 (Coffey absent).
9. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings each of them attended on behalf of the City.
10. OLD BUSINESS
There was no old business.
11. NEW BUSINESS
There was no new business.
12. ACKNOWLEDGMENTS
a. Commission Minutes: Planning, January 10, 2005
b. Department Reports: Building, December 2004; Finance, December 2004; Police, December 2004
c. Two letters from Comcast concerning an increase in the franchise fee and an adjustment in
programming on the Hispanic channels
d. Letter from RCN Telecom Services concerning financial restructuring and their emergence from the
Chapter 11 process
e. A letter from former First Lady Nancy Reagan thanking the City of Burlingame for the book of
condolence messages that was sent to the Reagan Library
13. ADJOURNMENT
Mayor Galligan adjourned the meeting at 9:30 p.m. in memory of Ray Gunning, a long-time firefighter,
Jim Silva, Herb Falk, and Jean Auer, former Councilwoman and Mayor of Hillsborough.
Respectfully submitted,
Doris J. Mortensen
City Clerk
5
Burlingame City Council January 18, 2005
Unapproved Minutes
AGENDA
BURLINGAME STAFF REPORT
ITEM# 8a
MTG.
DATE 2-7-05
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE
DATE: February 1, 2005 BY
/2
APPROVE �l
FROM: PUBLIC WORKS BY JA
SUBJECT: WEST LANE LEASED PARKING - CALTRAIN BURLIGAME AVENUE TATION
IMPROVEMENTS
RECOMMENDATION: Staff requests that Council provide direction regarding leased parking space for auto-related
uses along West Lane.
BACKGROUND: As part of the Caltrain station improvements, approximately sixteen spaces are available along
the east side of West Lane for metered parking. At the January 18,2004 meeting,Council discussed the possibility
of having some of these spaces leased to auto-related businesses located in the building complex along West Lane,
north of Mike Harvey Honda. In an effort to determine the appropriate number of spaces through a quantitative
approach,Council directed staff to calculate the leased parking allocation based on the ratio of square footage of auto
related uses to the square footage of the overall building complex.
DISCUSSION: Staff confirmed that Rock and Roll Auto Stereo at 211 West Lane is the only auto related business.
Staff reviewed the building plans and assessor maps to determine the overall building complex area and conducted
a site inspection to determine the auto related business area. Based on the availability of sixteen parking spaces,the
auto-related businesses would have an allocation of two spaces as follows:
• Rock and Roll Auto Stereo area= 1600 square feet
• Building complex area= 15,396 square feet
• Ration: 1600 square fee/15,396 square feet= 10.4%
• Allocation: 16 spaces x 10.4%= 1.66 spaces
Staff also examined a second quantitative approach based on the zoning requirements for parking at the Rock and
Roll Auto Stereo site. Attached is the Planning Department's memorandum which indicates that two parking spaces
would be required. In addition to the quantitative information,attached is a petition from business and an e-mail from
Gary Doss requesting that 12 parking spaces be leased.
SUMMARY: Staff is seeking direction from Council on the number of leased parking spaces in order to process an
encroachment permit with Caltrain who would be responsible for the leased agreement. Staff has provided Council
with two quantitative approaches to consider, both of which result in an allocation of two parking spaces for auto
related business use.
ATTACHMENTS: Planning Department memorandum regarding zoning requirement for parking
Gary Doss, January 25, 2005 letter and petition from business
Gary Doss, January 31, 2006 e-mail
SAA Public Works Directory\Staff Reports\WestLaneLeaseParking.wpd
City of •.
Memo
To: Augustine Chou,Traffic Engineer
From: Ruben Hurin,Plannerq4-
Date: January 27,2005
Re: 211 West Lane
Augustine,
I conducted a site inspection at 211 West Lane(Rock&Roll Auto Stereo&Installation)on January 27,
2005,to verify the uses within this tenant space. The total tenant spaces measures 1,600 sf in area.
Attached is a floor plan found in the Planning Department address file,date stamped January 16,1987,
submitted by a previous applicant(self defense classes). After inspecting the site,I verified that the
rooms labeled as 'office' and Women's dressing area' are being used for storage (160 so. The
remaining space is used for auto stereo installation(1,340 sf)and retail(100 so.
Based on these uses and applying the appropriate parking ratios (see attached off-street parking
regulations,CS 25.70.040),the following number of parking spaces would be required:
Shop for Stereo Installation (1,340 sf @ 1:800 ratio) = 1.67 spaces
Retail Sales (100 sf @ 1:400 ratio) = 0.25 spaces
Storage (160 sf(a)1:1000 ratio) = 0.16 spaces
Total Parking Spaces Required = 2.08 or 2 spaces
If you have any questions,please feel free to call me at ext.256 or by email.
Regards,
Ruben Hurin
Planner
January 25, 2005
From: Gary Doss
To: James Nantell
Here is the recommendation regarding the parking on West Lane.
I have also included a second letter signed by other small businesses effected by the
Caltrain reconfiguration, that support our recommendations. Most are auto related.
Please let me know if you need anything else for your Staff Report.
QUESTION: In regard to the Anugrah building and the "conditional use" permit for
PIP Printing, does it matter that in my current location, 214 California Drive, before
I opened, that a Sir Speedy Print Shop was here?
Thank you,
Gary Doss
January 25,2005
From: Gary Doss
Burlingame Museum of Pez Memorabilia
214 California Drive
Burlingame,CA 94010
(650)347-2301
gary@spectnimnet.com
To: James Nantell
City Manager
The City of Burlingame
501 Primrose Road
Burlingame,CA 94010
RE:West Lane Parking
Dear Mr.Nantell:
The Burlingame businesses listed below are all effected by the proposed Caltrain Burlingame Avenue Train Station Reconfiguration.
We understand that a parking area at the southern end of West Lane is going to be leased to Ivfike Harvey Honda,to be used by his
auto-related company.The businesses listed below are asking for equal treatment and consideration.
It is the recommendation of these businesses that 12 parking places,located at the northern end of West Lane,continue a lease
arrangement,either with Caltrain or the City of Burlingame,for use by the smaller auto-related businesses effected.
� 7
t(//�J
Gary Doss Ron Carter
Burlingame Museum of Pez Memorabilia Rock and Roll Auto Stereo
214 Caiifo L Drive 211 West Lane
K01 Schrum Margarita Heriz
Ruppels Auto Fixation Heriz Music and Art
260 East Lane 210 California L)t.
Neal Roberts A1'H&iz
The Bark Station '#teriz Oriental Rug Inc.
217 West Lane /218 California Dr
/ I
Sonya ong
Butterfly Cakes
216 California Dr.
January 25,2005
From: Gary Doss
Burlingame Museum of Pez Memorabilia
214 California Drive
Burlingame,CA 94010
(650)347-2301
gary@spectrumnet.com
To: James Nantell
City Manager
The City of Burlingame
501 Primrose Road
Burlingame,CA 94010
RE:West Lane Parking
Dear Mr.Nantell:
The Burlingame businesses listed below are all effected by the proposed Caltrain Burlingame Avenue Train Station Reconfiguration.
We understand that a parking area at the southern end of West Lane is going to be leased to Mike Harvey Honda,to be used by his
auto-related company. The businesses listed below are asking for equal treatment and consideration.
It is the recommendation of these businesses that 12 parking places,located at the northern end of West Lane,continue a lease
arrangement, either with Caltrain or the City of Burlingame,for use by the smaller auto-related businesses effected.
h6
C-, lrv1J
MGR-Nantell, Jim
From: rosalieomahonyl@netzero.net
Sent: Monday, January 31, 2005 7:39 PM
To: inantell@burlingame.org
Cc: landerson@burlingame.org
Subject: Fw: West Lane Parking
---------- Forwarded Message ----------
Dear Councilmember Rosalie O'Mahony:
I am writing to you to ask for your help and assistance regarding the
parking issue on West Lane.
As we understand it, Mayor Galligan's opinion is that Mike Harvey, who
will be leasing parking areas from Caltrain on both East Lane and West
Lane, should share a few parking spots with the auto-related businesses
effected by the train station reconfiguration.
As of today, Mr. Harvey has not been willing to make a commitment to
share any of the parking area he will be leasing.
Ken Schrum of Ruppel's Auto Fixation currently pays a monthly rent to
Mike Harvey for 8 parking spaces on East Lane. Ken will lose this
parking area after the reconfiguration.
Ron Carter of Rock and Roll Auto Stereo currently uses 4-6 spaces each
day for his auto stereo/auto alarm installation business.
Mike Harvey told Ron that he can not spare these parking places.
Without these parking spaces, these two auto-related businesses may go
out of business.
I appeal to your sense of fair play and equal treatment. Please give
them the same consideration that Mike Harvey has received and let them
keep the 12 parking spaces they currently use.
The Caltrain reconfiguration is going to effect many businesses in the
area. I hope you can help these two Burlingame businesses survive the
change.
Thank you,
Gary R. Doss
gary@spectrumnet.com
1
CITY u AGENDA 8b
ITEM#
BURLINGAME STAFF REPORT
MTG.
DATE 2/7/2005
�Fnrco�WE6�oo `
TO: Honorable Mayor and Council SUBMITTED .
BY
DATE: February 1, 2005 APPRO D
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
DISCUSSION OF VISION OF SUBAREA D (AUTO ROW) OF THE BURLINGAME
COMMERCIAL AREA AND DIRECT STAFF AS TO FOLLOW-UP
RECOMMENDATION:
Discuss the Council's vision of the future of Subarea D and provide any desired direction to staff on follow-up
steps.
DISCUSSION:
The development of new platforms at the Burlingame Train Station has also provided an opportunity to discuss
the City's vision of Subarea D (Auto Row). As discussed in the attached memorandum, the City's General Plan
and the implementing zoning has been directed to sustaining the automobile businesses along California Drive,
while allowing residential and non-auto related retail uses through a conditional use permit process.
There has been some discussion of making this area more attractive for either residential or retail uses. If the
Council sees this area as an area in transition from the current City policies, the Council could, for example,
consider policies that would require regular review or renewal of any new conditional use or special permits.
This could be done by the Planning Commission or staff. A process of required renewal of transitional uses has
been employed in the Bayfront area.
From the discussion, Council can direct staff or the Planning Commission to consider and return to the Council
with possible policies, procedures, or regulations that would implement the Council's direction. In any event,
staff recommends redrafting Zoning Code subsection(25.3 8.03 1(a))regarding Subarea D to ensure that it is
clear.
Attachment
Background Memo on Subarea D
Distribution
City Planner
M E M O R A N D U M
CITY OF BURLINGAME
CITY ATTORNEY
DATE: January 27, 2005
TO: Mayor and Council
FROM: Larry E. Anderson, City Attorney
11
RE : Background on Subarea D
This memorandum is intended to provide you with a brief background on the history of the creation
of Subarea D in the Burlingame Avenue Commercial Area and a copy of the current Code provision.
As you know,the City's concerns over development in the Burlingame Avenue area extend back to
the early 1950's. Much of that concern was driven by parking problems.
In 1968-1969, the City undertook a general plan look at the community,and following citizen fora
and public hearings,the City Council adopted a City General Plan on October 20, 1969,consisting
of a Statement of Goals,a Land Use Element, a Circulation Element, a Waterfront Element, and a
Preliminary Housing Element.
With regard to the Burlingame Avenue area, the Land Use Element stated:
Burlingame Avenue-Park Road Center. This center includes outlets providing a wide range
of consumer goods and services for Burlingame residents and residents of adjoining
communities. It also includes business service establishments, business and professional
offices,civic buildings,and some residential uses. The following organization of uses within
the center is recommended: shopping goods outlets should, in the main, be located along
Burlingame Avenue and Park Road in a pedestrian precinct; convenience goods stores,
restaurants, and consumer service outlets should not occupy ground level street frontage
space in the heart of the center but should be in more peripheral locations;the frontage of the
west side of Chapin Avenue should be limited to office uses;the Service and Special Sales
area indicated along California Drive and Highland Avenue recognizes the existing
auto sales and service activities and provides space for expansion of "auto row"
businesses or other similar kinds of activity; an area between Highland Avenue and Park
Road is designated for medium high density residential development. This downtown center
presents a prime opportunity to develop combinations of retail, office and residential uses
in clusters of appropriately designed structures. Sites on the periphery would be appropriate
for apartments for single persons and families without children particularly those who want
the advantages of a location near a center of activity and do not wish to won an automobile.
Areas designated for shopping and service uses along Park and Primrose Roads south of
Howard Avenue are appropriate locations for office and institutional uses in addition to retail
and consumer service establishments. Measures to enhance appearance and attractiveness
Mayor and Council
Re: Background on Subarea D
January 27, 2005
Page 2
of this area would be given particular attention so as to provide an inviting entrance to
Burlingame's downtown center.
Appropriate concepts for physical design and beautification should be applied throughout the
center. An urban design plan for the entire downtown area should be developed. The
relationship between future development of the downtown area and rapid transit and other
aspects of the circulation system are discussed in the Circulation Element of this plan.
Since 1969,the General Plan has had at least eleven significant amendments: Open Space Element
(1973);Conservation Element(1973)Seismic Safety Element(1975);Safety Element(1975);Scenic
Roads and Highways and Noise Elements(1975);Housing Element(1994);Bayfront Specific Plan
(1981); Housing Element (2002); Bayfront Specific Area Plan(2004); North Burlingame/Rollins
Road Specific Plan(2004);and Bicycle Transportation Element(2004). In addition,there have been
a number of amendments to the Land Use Element as neighborhoods have shifted uses and
boundaries.
The General Plan is generally implemented through the Zoning Code. After months of working with
the various interests in the Burlingame Avenue area on the parking issues,the Council held public
hearings in January and February of 1982 on Ordinance No. 1214. As described by the City Planner,
the purpose of the ordinance was to address the long term parking problems in the area and to
preserve current character of Burlingame Avenue and auto row.
The ordinance addressed uses and parking requirements in Subareas A and B of the Burlingame
Commercial area by trying to push many office uses off the Avenue. The ordinance also proposed
creating a Subarea D in the"auto row"area along California Drive(see attached map);that area was
(and is) zoned C-2, which allows all residential uses, most retail uses, and many office uses; the
ordinance proposed to limit it to only automobile sales.
At the hearings, all but one automobile dealer opposed the ordinance. The testimony argued that
limiting the use was unfair. In response, councilmembers debated whether to allow residential or
retail uses with a special p theermit. Councilmember Amstrup was opposed to any residential use
in the subarea;Councilmember Barton wanted to allow retail uses. After a rewrite of the ordinance,
the Council voted 4-1 (Martin opposed) to adopt the ordinance, with the requirement for a special
permit for residential or non-auto related retail uses in Subarea D. Discussion indicated that this
change would allow the council to review applications and to deny a use permit if the council
determined it was not suitable.
As written in the Code today, it states:
Uses allowed in subarea D. Notwithstanding any other provision of this chapter, any
residential use or retail use other than those related to automobile sales, service,and storage
Mayor and Council
Re: Background on Subarea D
January 27, 2005
Page 3
shall be allowed only with a special permit in subarea D of the Burlingame Avenue
Commercial Area.
Section 25.38.031(a).
In order to obtain a special permit, an applicant applies under Chapter 25.51 and the application is
reviewed by the Planning Commission, subject to appeal to the City Council.'
While there have been a number of successful applications for persons to operate non-related
automobile uses in the subarea,staff is not aware of any applications for residential uses nor for any
amendment to the Zoning Code to eliminate or limit the special permit requirement.
'It may appropriate to re-draft the Code to provide for a conditional use permit, rather
than a special permit, as that would oversee the mode of operation and not just construction.
Y+�
'. •'•
Subarea A
Subarea B
4Auto Row
Subarea D
Subarea
for real lal Institutions
.;state and fInanc
No.1347 adopted by the City Council
on February 17,1987
Requiring a Conditional Use Permit�� ♦ ��
♦ ♦. �♦
IIS-
I� �
i
1� o
�� d ,, �� • �� ��
mwil !E2.111
♦ � I Imo.
� � II
F CITY n STAFF REPORT
BI,JRUNGAME AGENDA
ITEM# 8c
MTG.
DATE 2/7/05
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
BY
DATE: January 24,2005
APPROVE
i
FROM: Doris Mortensen, City Clerk By
650-558-7203
SUBJEcr: Recommendation to Select April 18th for a Joint Council and Planning Commission Meeting,
to Cancel the February 26th Budget Meeting,to Change the June 8 1hBudget Study
Session Meeting Time,and to Approve the Amended 2005 City Council Calendar
RECOMMENDATION: To select the date of either June 13 or June 20, 2005, at 6 p.m. for a joint meeting
between the City Council and the Planning Commission,to cancel the February 26`x'Budget Meeting, to
'Budget Study Session meeting time to 4 p.m., and to approve the amended 2005 City
change the June 8L
Council Calendar.
BACKGROUND: The joint meeting selection dates are based on the regularly scheduled meeting dates of
the Planning Commission on June 13, 2005, and the City Council on June 20, 2005. When sharing the
potential date of June 200'members of the Planning Commission suggested that the date might be too close to
the beginning of the vacation season and suggested picking an earlier date. Therefore the Mayor suggested
perhaps meeting before the regular Council Meeting of April 18 would work better.
The February 26, 2005 Budget Meeting should be canceled due to the business accomplished at the January
29, 2005 Budget Meeting. We had anticipated reviewing the budget cuts, which was accomplished last
week, and presenting draft departmental goals for the new fiscal year. The draft departmental goals can be
reviewed along with the review of the draft budget in May and June. Given the direction provided by the
Council at your 1-29-05 study session relative to the proposed budget reductions and budget policies it is not
necessary to continue to hold the 2-26-05 budget study session.
The June 8, 2005 Budget Study Session meeting time should be changed from 5 p.m. to 4 p.m. to better
accommodate Council members' schedules.
EXHIBIT: 2005 Burlingame City Council Calendar(modified to reflect changes such that deletions are
crossed out and additions are underlined).
BUDGET IMPACT: None
2005 BURLINGAME CITY COUNCIL CALENDAR
City Council meetings are held on the first and third Monday of each month. When Monday is a holiday, the meeting is usually held
qqW
on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 at City Hall, 501 Primrose Road, and are
open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 27. For more information, please eyquncnwE
view the City's website at www.burlingame.org or call the City Clerk at 650-558-7203.
REGULAR MEETINGS STUDY MEETINGS AND OTHER DATES
January 3
Tuesday,January 18 Saturday,January 29—Consult with Council on Budget policy issues and input
on goals for 2005/06, 9 a.m., Lane Room, Burlingame Library
Friday, February 4—Commissioner's Dinner
February 7
Thursday,February 17—Joint Meeting with Parks &Recreation Commission,
6 p.m.
Tuesday, February 22
Depaftffle"t goals to City Gotineil
March 7
March 21
April 4
April 18 MondayApril 18—Joint Meeting with Planning Commission
May 2 Thursday,May 5—Joint Meeting with Beautification Commission, 5 p.m.
May 16
June 6 Wednesday,June 8—Budget Study Session, 4p.m.
Wednesday,June 15—City Manager's mid-year review, 5:30 p.m.
June 20 Tuesday,June 21 —Joint Meeting with Library Board, 5:30 p.m.
Tuesday,July 5
July 18 (tentative)
August 1
August 15 (tentative)
Tuesday, September 6
September 19 Monday, September 19—Joint Meeting with Civil Service Commission, 6 p.m.
October 3 Thursday, October 13—Joint Meeting with Traffic, Safety and Parking
Commission, 6 p.m.
October 17
November 7
November 21
December 5 Wednesday,December 7—City Manager's year end review, 5:30 p.m.
December 19(tentative)
1/31/2005 5:54 PM4 n 49005 543 M
CITY AGENDA 8d
gmjqf,'��
ITEM#ME STAFF REPORT MTG.
DATE 2/7/2005
tne 6 e
TO: Honorable Ma or and Council SUBMITTED C-1y BY
DATE: January 28, 2005 APPROVE
BY ���
FROM: Larry E. Anderson, City Attorney /
SUBJECT:
INTRODUCE ORDINANCE AMENDING CHAPTER 6.40 TO CLARIFY REGULATIONS
GOVERNING MASSAGE, SPA,AND BATHING ESTABLISHMENTS
RECOMMENDATION:
Introduce proposed ordinance to clarify regulations governing massage, spa, and bathing establishments by:
1. Requesting the City Clerk to read the title of the proposed ordinance.
2. Waiving further reading of the proposed ordinance.
3. Introducing the proposed ordinance, and instructing the City Clerk to publish a summary of the
proposed ordinance at least 5 days before its proposed adoption.
DISCUSSION:
The City adopted an extensive set of regulations regarding massage and bathing establishments in 1993. Those
have worked quite well in preventing the operation of brothels under the guise of a massage studio.
However, the regulations are in need of updating and clarification, so that definitions are complete and permit
requirements are effective. Nearby cities, Belmont, Millbrae, and San Mateo, have updated their regulations in
the past few years, and this amendment builds on—and in the main, is consistent with—their work as well as
the 1993 adoption. The principal change will be to require employees and contractors in barbershops and
beauty salons to obtain a massage technician permit unless the employee or contractor is only working within
the scope of the employee's or contractor's license or registration with the State. The proposed ordinance also
increases the application and renewal fees to account for the Police time involved in reviewing the application;
the fees have not been increased since 1993.
Attachment
Proposed Ordinance
Distribution
Chief of Police
Finance Director
I ORDINANCE No.
2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTER 6.40 TO MORE CLEARLY REGULATE MASSAGE, SPA,AND BATHING
3 ESTABLISHMENTS
4
5 The City Council of the City of Burlingame ordains as follows:
6 Section 1. In 1993, the City extensively amended its municipal code regulations
7 governing the operation and conduct of massage and bathing establishments in the City. Those
8 amendments have been largely successful in ensuring that legitimate massage practitioners are
9 able continue their work, while at the same time minimizing illicit and illegal conduct by
10 others. This ordinance is intended to update those provisions and to ensure that any practice of
11 massage is conducted in accordance with either State or City laws. These amendments make
12 the City's provisions largely consistent with regulations in nearby cities, so that massage
13 practitioners will be able have some certainty and consistency in the manner in which their
14 businesses are regulated.
15
16 Section 2. Chapter 6.40 is amended to read as follows:
17
Chapter 6.40
18 MASSAGE, SPA,AND BATHING ESTABLISHMENTS
19 Sections:
20 6.40.010 Purpose.
21 6.40.020 Permit required.
22 6.40.030 Definitions.
23 6.40.035 Corporations and partnerships.
24 6.40.040 Application for permit.
25 6.40.050 Exemptions from operator's pen-nit requirements..
26 6.40.055 Exemptions from massage technician permit requirements.
27 6.40.060 Permit fee and investigation.
28 6.40.070 Business license.
1121/2005 1
1 6.40.080 Issuance or denial of permit.
2 6.40.090 Appeal.
3 6.40.100 Operating and sanitation requirements.
4 6.40.105 Maintenance of insurance.
5 6.40.110 Inspection by officials.
6 6.40.115 Surety bond.
7 6.40.120 Sale or transfer of establishment.
8 6.40.130 Revocation or suspension of permits.
9 6.40.140 Display of signs and permits.
10 6.40.150 Notice of changes.
11 6.40.160 Renewal of permits.
12
13 Section 6.40.010 Purpose.
14 It is the purpose and intent of the city council that the operation of massage, spa,bathing
15 and other similar establishments and persons offering services therein, wherein the principal
16 function is giving of massages and baths, as defined in this chapter, should be regulated in the
17 interests of public health, safety and welfare by providing minimum building sanitation and
18 health standards for such establishments, and to insure that persons offering services therein
19 shall possess the minimum qualifications necessary to operate such businesses and to perform
20 such services offered. It is further intended that these provisions provide a framework that is
21 consistent with regulations imposed by nearby communities on similar businesses.
22
23 Section 6.40.020 Permit required.
24 (a) It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be
25 operated, engaged in, conducted or carried on (as the owner of the business premises or in any
26 other capacity) in or upon any premises within the city E3ity of Burfingwile, the business of a
27 massage, spa,bathing or other similar establishment, or an out call massage service, having
28 massage or baths as their principal function, all as defined herein, unless the person has first
112112005 2
1 obtained an operators' permit for-such a business has first been obtained from the pence
2 department of the city and the permit remains in effect in accordance with the provisions of this
3 chapter.
4 (b) It is unlawful for any person to act as a massage technician unless that person has
5 first obtained a Massage technician's permit from the city and the permit remains in effect in
6 accordance with the provisions of this chapter.
7
8 Section 6.40.030 Definitions.
9 For the purpose of this chapter, the following words and phrases shall have the
10 meanings respectively ascribed to them by this section:
11 (a)ft"Health officer" means the health officer of the county of San Mateo or his the
12 health officer's authorized representative.
13 (b) (2-y"Massage" means any method of treating the external parts of the human body
14 by bathing, rubbing,pressing, stroking, kneading, tapping,pounding, vibrating or stimulating
15 with the hands or any instrument.
16 (c) {3) "Massage, spa,bathing or other similar establishments" or"massage
17 establishment"means any establishment having a fixed place of business where massages,
18 baths or health treatments, involving massage,heat tubs, saunas, or baths as the principal
19 function, are given, engaged in or carried on, or permitted to be given, engaged in or carried on
20 in any manner described in Section 6.40.030(b)(".
21 (d) "Massage technician"means any person who
22 administers a massage,bath or health treatment involving massage or baths as a principal
23 function to another person for any consideration whatsoever.
24 (e) "Operator"means any person'who owns or operates a massage, spa, bathing or
25 similar establishment or an out call massage service.
26 (0 (5) "Out call massage service" means any business not otherwise ficensed a
27 massage, bathing or siniflar establisinnent mider the provisions of this chapter, in which the
28 primary function of such business is to engage in or carry on massage treatments at a location
112112005 3
I designated by the customer or client and not at a fixed location.
2 (g) (6) "Person" means any individual, copartnership, firm, association, corporation,
3 joint venture, or combination of individuals.
4 (h) (7) "Recognized school" means any school or institution of learning which has been
5 approved pursuant to division 7.5 of title 5 of the California Code of Regulations Ealiferni�
6 . or an equivalent out-of-state school and which has for its
7 a purpose the teaching of a resident course of study of not less than five hundred (500)hours
8 seventy hours within at least three months of theory, ethics, practice, methods,profession or
9 work of massage, or baths or health practice with relation thereto, and which provides a
10 diploma or certificate of graduation upon successful completion of such a course of study or
11 learning. Schools offering a correspondence course not requiring attendance or courses taught
12 solely by video tape or other electronic means should shall not be deemed a recognized school.
13
14 Section 6.40.035 Corporations and partnerships.
15 If an the applicant is a corporation, the name of the corporation shall be set forth exactly
16 as shown in its articles of incorporation together with the names and residence addresses of
17 each of the officers, directors and each stockholder holding more than ten percent of the stock
18 of the corporation. Each officer of the corporation or each partner in a partnership must submit
19 an application and comply with 6.40.040. If one or more of the partners is a corporation, the
20 provisions above pertaining to a corporate applicant apply
21
22 Section 6.40.040 Application for permit.
23 Any person, except as herein otherwise provided, desiring a permit to operate a
24 massage, spa, bathing or similar establishment or an out call massage service, having massage
25 or baths as their principal function, or to engage in the practice of giving massages or baths
26 shall first make application therefor for permit under this chapter by filing with the license
27 collector a sworn application in writing on a form to be furnished by the license collector which
28 shall give the following information; an operator-massage technician masseuror
112112005 4
I operator- may make a single application and pay a single fee:
2 (a)Name, residence and telephone number;
3 (b) The previous address of the applicant for the ten (10)five years immediately prior to
4 the present address of the applicant;
5 (c) Social Security number and driver's license number, if any;
6 (d)Birth certificate or other written proof acceptable to the police department that the
7 applicant is at least eighteen(18)years of age;
8 (e) Fingerprints (taken by the police department for criminal history investigation) and
9 three (3)portrait photographs at least two inches by two inches, taken within the last sixty(60)
10 days immediately prior to the date of the filing of the application, which photographs shall
11 showing the head and shoulders of the applicant in a clear and distinct manner;
12 (f) Applicant's height, weight, color of eyes and hair;
13 (g) Business, occupation or employment of the applicant for the ten (10)five years
14 immediately preceding the date of application;
15 (h) The massage or similar bnsiness license history of the appliemit; whether s
16 , under licensc or permit, has huad
17 snch ficense or pennit revoked or suspended, the rcason therefbr, and the business activity o.
18 occupation subsequent to such action of suspension or revocatimr, The business!license and
19 permit history of the applicant for massage or similar businesses, whether individually or as a
20 member or part of a corporation,partnership, or other business, wherever located'. The history
21 shall include a statement as to whether any previous permit or license in which the applicant
22 was involved was revoked or suspended or any revocation or suspension is pending,and the
23 reasons for the previous or proposed revocation or suspension.
24 (i) If the application is for a massage technician massense or massense permit, the name
25 and address of the establishment where the applicant is to be employed and the name of the
26 operator of the same;
27 0) Whether such-person the applicant has ever been convicted of any crime, except
28 misdemeanor traffic violations. For each such conviction, ff miy person mentioned in this
112112005 5
I , a statement must shall be made giving the place and court in
2 which such the conviction occurred was had, the specific charge under which the conviction
3 was obtained and the sentence imposed as a result of such the conviction;
4 (k) Whether any previous employer or person while employed by or with the applicant
5 has been convicted in a court of competent jurisdiction of an offense involving conduct which
6 requires registration under California Penal Code subsection 290, or a violation of subsections
7 266(1), 311 through 311.7, 314, 315, 316, 318, 318.5,318.6, or 647(a), (b), (d),or(h), (i), or(k)
8 of the Penal Code;
9 (0 A statement as to whether the applicant has applied to the city or any other city in the
10 County of San Mateo for a massage establishment permit,operator's permit, out call massage
11 permit, or massage technician permit in the past five(5)years, the date of the application, and
12 each name under which the application was made;
13 (in) A copy of''a diploma-for or certificate of graduation from
14 a recognized school demonstrating the applicant's successful completion of a resident course of
15 study of at least five hundred (500)hours of theory, ethics, practice, methods,profession, or
16 work of massage, or baths or health practice with relation thereto ; or other institution of
17 , provided, however,
18 that an applicant for an owner's operator's permit who will have no physical contact with
19 customers or clients need not possess such a diploma or certificate;
20 (n) (n-r) Such other identification and information necessary to discover the truth of
21 matters hereinbefore specified as required to be set forth in the application;
22 (o) (Tr)-A certificate executed under penalty of perjury from a medical doctor stating
23 that the applicant has,within thirty(30)days immediately prior to the filing of the application,
24 been examined and found to be free from any infectious, contagious or communicable disease
25 capable of being transmitted through therapeutic massage;
26 (p) v A separately signed waiver and release
27 authorizing the city and eity of Burfingmne, its authorized agents;and employees to seep obtain
28 information and to conduct an investigation into the truth of the statements made on the
112112005 6
1 application and the qualifications and record of the applicant;
2 (q) A certificate from a medical practitioner appointed by
3 the city eity of Burfhigwne, that confirms the applicant's knowledge of physiology, anatomy,
4 and technique relating to the field of massage therapy. The applicant's knowledge shall be
5 tested in an examination and demonstration process provided that an applicant for an owner's
6 permit who will have no physical contact with customers or clients need not possess such
7 diploma or certificate;
8 (r) (q) 2Nii appficant f6r an uperator's permit shalf provide If the application is for an
9 operator's permit,proof of current errors and omissions or malpractice insurance in the amount
10 of not less than five hundred thousand dollars ($500,000.00), either as to the establishment or
11 through membership in a professional massage association that provides automatic malpractice
12 insurance as a membership benefit;
13 (s) Current certification in cardiopulmonary resuscitation
14 and first aid from the American Heart Association or the American Red Cross.
15 (t) If the application is for an operator's permit, the name and address of the owner and
16 lessor of the real property upon or in or from which the business is to be conducted. If the
17 applicant is not the owner of the real property, the owner of the real property must sign and
18 acknowledge the application.:
19 (u) If the application is for an operator's permit, a safety plan including,but not limited
20 to, exterior lighting,parking lot security, and emergency access to the establishment.
21
22 Section 6.40.050 Exemptions from massage establisffinent operator's permit requirements.
23 The permits required by this chapter for operators shall not apply to hospitals, nursing
24 homes, sanitariums, or other healthcare facilities duly licensed by the State of California.
25 medical clinics, health studios nut engaged in bath or massag . .Fa! ffinction mid not
26 empfoying more thmi two massage empfoyees, to cosinetofogists,barbers or persons holding
27 currently vaf id certificate to practice the heaf ing arts under the laws of tile state of ealifbrnia,
28 nor to persons mid employees working under the directions of such persons or in su
112112005 7
I establishments.
2
3 Section 6.40.055 Exemptions front massage technician permit requirements,
4 'I'he massage technician pen-nit required by this chapter shall not apply to the following:
5 (a)Physicians,;surgeons,chiropractors,osteopaths,acupuncturists, and physical
6 therapists duly licensed to practice in the State of California; but only when engaged in the
7 practice for which they are so licensed and in accordance with the terms of the licensing.
8 (b) Nurses duly registered by the State of California, but only when engaged in the
9 practice for which they are so registered and in accordance with the terms of the registration,
10 (c) Employees of hospitals,nursing homes,sanitariums, or other health care facilities
11 duly licensed by the State of C'alif6mia,but only whenengaged in the scope of their
12 employment, and only at their place of ernployn�ient at the heahh care facility, and only within
13 the scope of and in conformance with the State license.
14 (d) Cosmetologists or barbers who are licensed by the State of California,but only
15 when engaged in the practice for which they are'so registered and in accordance with the terms
16 of the registration.
17 (e)Accredited elementary school,high school,or college coaches and trainers employed
18 by<a elementary,high school, or college, but only while acting within the scope of employment
19 to the school.
20 (f)Trainers of semi-professional iprofessional athletic team&,but only while acting
21 within the scope of employment to the team.:
22
23 Section 6.40.060 Permit fee and investigation.
24
25 (a) All applications for initial permits shall be accompanied by an investigation fee in
26 the sum of one two hundred fifty dollars ($250), no part of which is refundable. Additional fees
27 may be charged to cover costs of processing the applicant's fingerprints by the State of
28 California and for the medical examiner's competency examination.
112112005 8
I (b)Upon receipt of an complete operator's application, the license collector shall refer
2 the application to the city planner,building official, the fire department and the police
3 department, each of which within a period of thirty(30) days from the date of filing the
4 application shall inspect the premises proposed to be used as a massage establishment,
5 interview the applicant or any other person and make any other investigation necessary to make
6 a written recommendation to the police department;provided that said the thirty(30)days may
7 be extended for such period as may be necessary to obtain fingerprint records from the
8 appropriate state agency.
9 (c) Masseur or inasseuse Applications for massage technician permits shall be referred
10 only to the police and planning,departments. The planning department shall provide its
11 findings to the police department within thirty( 0)days of the filing of a complete application.
12
13 Section 6.40.070 Business license.
14 At the time of an initial-tire application for an operator's massage estabhshment7permit
15 to operate, applicant shall also apply for and furnish the information necessary to obtain a
16 business license as required by Chapter 6.04 of this code. No business license shall be issued
17 until the investigation under this chapter is completed and the permit to operate is approved.
18 The business license shall then be issued upon payment of the business license fee as provided
19 in Chapter 6.04 of this code.
20
21 Section 6.40.080 Issuance or denial of permit.
22 (a) Upon receipt of the investigation reports from each of the departments to whom the
23 application has been referred, the police department shall issue such the requested permit if all
24 required information, including diplomas or certificates,has been furnished and the reports
25 filed find that:
26 (1) The character of the applicant is satisfactory;
27 (2) If the application is for an operator's permit, the establishment as proposed
28 pernrittect,-would comply with all and not violate any applicable laws, including, but not limited
112112005 9
I to, the city's building, fire, health and zoning regulations;
2 (3) The applicant has not been convicted in a court of competent jurisdiction of an
3 offense involving:
4 (A);Conduct that which requires registration under eafiffirniPenal Code
5 subsection 290; or
6 (B);Violations of Penal Code subsections 266(1), 311;through 311.1, 311.'x,
7 311.3, 311.4, 311,5, 311.6, 311.7, 311.10, 311.11,';314, 315, 316, 318, 318.5, 318.6;
8 459, 518,or 647(a), (b), (d) or(h), or comparable provisions of the laws ofany'other
9 state,the United States, or any other country; or
10 (C) Any other offense involving sexual misconduct with a child.
11 (4) The applicant has not been convicted of the use of force or and violence upon
12 another;
13 (5) The applicant has not knowingly and with intent to deceive made any false,
14 misleading or fraudulent oral or written statements in the permit his application or to any person
15 investigating his the application.
16 (6) The applicant does not have an infectious, contagious or communicable disease, and
17 is not in violation of any federal, state or local health law or regulation.
18 (7) As applicable,the applicant for a massage technician ermit
19 has satisfactorily passed the competency examination.
20 (8) The appficant has a current cardiopulmonary resuscitation certificate and first ai
21 . The city has not denied
22 a previous application by the applicant for an operator's or massage technician permit within
23 the twelve (12)months immediately preceding the date of the application.;
24 (b) The permit shall be denied if all of the above findings cannot be made or if all of the
25 information required is not supplied to the city. If denied, the reasons therefor shall be
26 endorsed upon the application, and the police department shall notify the applicant of the
27 disapproval with a copy of the application upon which the reasons have been endorsed by first
28 class mail.
112112005 10
I Section 6.40.090 Appeal.
2 If In theeventa permit has been is denied, applicant shalf have has ten(10)days from
3 the date of mailing the notice within which to appeal to the city council by filing a written
4 application for a public hearing with the clerk of the city. Notice and a public hearing shall be
5 given as follows:
6 (a) ftUpon receipt of the appeal, the city clerk shall set the matter for hearing before
7 the council, at a regular meeting thereof,within thirty(30)days from the date of filing the
8 appeal, and shall give written notice of such the hearing to the applicant kris at the applicant's
9 address set forth in the appeal by first class mail at least ten(10)idays prior to the hearing date
10 thereto.
11 (b) (2-)-On the date set, the council shall hear the matter, and may continue it from time
12 to time before reaching a decision. If the council finds that the applicant has satisfactorily met
13 all of the requirements of this chapter, it shall order the issuance of the permit and business
14 license. If it finds that the requirements have not been met satisfactorily, it shall deny the
15 permit and license.
16 (c ',{3}All findings of the council shall be final and conclusive upon the applicant
17
18 Section 6.40.100 Operating and sanitation requirements.
19 All massage, spa,bathing or other similar establishments and out call massage services,
20 as defined hereitr;shall comply with the following operating and sanitation requirements:
21 (1) Advertising. No such massage establishment or out call massage service granted a
22 permit under the-provisiot this chapter shall place, publish or distribute or cause to be
23 placed,published or distributed, any advertising matter that describes or depicts any portion of
24 the human body in a manner, or with the use of descriptive language, which would reasonably
25 suggest to prospective patrons that any service is available other than those services described
26 in Section 6.40.030(x)ftof this chapter.
27 (b) (z''}Out Call Massage Service. Any person granted a permit pursuant to the
28 provision this chapter who provides services described in Section 6.40.030(a) (+)at any
112112005 11
1 hotel or motel, shall first notify the owner, manager or person in charge of the hotel or motel
2 tkereo that sueh the permittee intends to provide a massage service to a person or persons
3 registered at the hotel or motel and give acopy of the person's permit to the such owner,
4 manager or person in charge his permit number.
5 (c) List of Services. A massage establishment shall post a list of services in readily
6 understood language in an open,public place on the premises of the establishment. No owner,
7 operator,''responsible managing employee, manager, employee,contractor, or permittee shall
8 permit nor offer any massage services on the premises;other than those posted on the list.
9 (d)'(3-ySanitation and Conduct. All establishments shall comply with the following
10 minimum sanitation requirements:
11 (1); t#Employees, and Massage Technicians. All employees,
12 masseurs and masseuses in a massage establishment and massage technicians shall perform
13 their work fully clothed,be clean and wear clean outer garments whose use is restricted to the
14 establishment. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward,
15 and shall may not be locked. Draw drapes, curtain enclosures, or accordion-pleated closures are
16 acceptable on all inner dressing and treatment rooms in lieu of doors. Separate dressing rooms
17 and toilet facilities complying with the city ofBur ingame-building codes shall be provided for
18 each sex.
19 (2') (b)Linens. All establishments shall be provided with clean, laundered sheets and
20 towels in sufficient quantity and shall be laundered after each use thereof and stored in closed,
21 sanitary cabinets. Heavy white paper may be substituted for sheets provided that such paper is
22 used only once for each person and then discarded into a sanitary receptacle. Sanitary approved
23 receptacles shall be provided for the storage of all soiled linens.
24 (3)`.(c)Facilities. At least one entrance door,-allowing access to the establishment and
25 any building it may be in;shall remain unlocked during business hours;notwithstanding this
26 provision, the facility shall also comply.� i,#i,:extig m entrance requirements of other
27 applicable lawsand regulations. All premises and facilities shall be maintained in a clean and
28 sanitary condition, and shall be thoroughly cleaned each day of operation. The premises and
112112005 12
I facilities shall meet all code requirements of the city as to safety of the structure, adequacy of
2 plumbing, heating, ventilation and waterproofing of rooms where showers, water or steam baths
3 are given.
4 (4) ($Patron Facilities. Patrons of the establishments shall be furnished with securable
5 locker facilities, for which the patron has the control of the key, and security deposit facilities
6 for the protection of their valuables.
7 (5) (e)-Hours. Massage establishment operations shall be carried on or conducted, and
8 the premises shall be open, only between the hours of 7:00 a.m. and 9:00 f 0.00 p.m.
9 (6) (-f)f landicapped Disabled Access Vis. Each massage establishment shall be
10 disabled accessible with restrooms available with disabled access must have handicap acce,
11 and restro d fbr handicapped patroii .
12 (7) (&Changing Rooms. Each massage establishment m-ast have shall provide
13 separate restroom and changing rooms for male and female patrons.
14 (8);(h)Lighting. Minimum lighting shall be at least one sixty(60)watt light in each
15 enclosure where massage services are performed. The light switch for the interior lights in each
16 enclosure will be within the enclosure. There shall be no light in the enclosure that is operated
17 from outside the enclosure. There shall be no sound device (i.e.,buzzer or bell)than can be
18 operated from outside the massage enclosure.
19 (9) (i)Records. Every Each massage establishment shall keep a written record of the
20 date and hour of each treatment; the name and address of each patron; the name of the massage
21 therapist administering the treatment; and the type of treatment administered recorded on a
22 patron release form. Such written record shall be open to inspection only by officials charged
23 with the enforcement of this chapter and for no other purpose. Such records will be kept on the
24 premises of the massage establishment for a period of two years from the date of service.
25 (10) (j)No Residential Use. No part of the massage establishment shall be used for
26 residential or sleeping purposes. No cooking or food preparation will be allowed on the
27 premises unless a full service kitchen is installed. Such kitchen will be for the sole use of
28 employees, and will be installed in an employees only area. The full service kitchen will have a
112112005 13
1 minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient
2 cabinets to store cooking utensils.
3 (1'1) Physical Contact. No employee, contractor, or massage technician shall make any
4 intentional, occasional, or repetitive contact with the genitals, anus, or areola(nipple) of another
5 person in the massage establishment or while providing massage services.
6
7 Section 6.40.105 Maintenance of insurance.
8 The operator of a massage establishment shall maintain the insurance required pursuant
9 to subsection 6.40.040(r) at all times that the massage establishment is open for business. If at
10 any time no such insurance is in effect for the establishment, the establishment shall close for
11 business and establishment's permit shall be automatically suspended.
12
13 Section 6.40.110 Inspection by officials.
14 The investigating officials of the city, including the health officer, shall have the right to
15 enter the premises from time to time during regular business hours for the purpose of making
16 reasonable inspections to observe and enforce compliance with the provisions of this chapter
17 and building, fire, electrical,plumbing or health regulations.
18
19 Section 6.40.115 Surety bond.
20 (a)Every Each applicant for an operator's permit shall post with the city clerk, a surety
21 in the principal sum amount of ten thousand dollars($"10,000) either in cash or executed as
22 surety by a good and sufficient corporate surety authorized to do a surety business in the state of
23 California and as principal by the applicant. The form of the bond shall have been approved by
24 the city attorney and shall provide that should the applicant be issued a permit under this
25 chapter which is subsequently suspended or revoked, the city shall be reimbursed from said
26 bond for all costs of any investigation or other proceedings related to said suspension or
27 revocation.
28 (b) If a holder of aii operator's permit under this chapter successfully completes
112112005 14
I twenty-four(24), consecutive months in actual operation under the permit without any
2 suspension of the permit or the filing of any criminal or civil complaint regarding operations
3 under the permit by either a city attorney, a district attorney, the California Attorney General, or
4 a United States Attorney, the permitholder may request the city to release the surety bond,
5 which the city shall do upon verification that no such suspension or complaint filing has
6 occurred during the period. However, if at any time following such a release of the surety bond,
7 the city determines that the permitholder is conducting its operations in violation of this
8 chapter, the chief of police may order the posting of a surety bond in accordance with
9 subsection (a) above as a condition of continued operations under the permit.
10
11 Section 6.40.120 Sale or transfer of establishment.
12 (a) Upon sale, transfer or relocation of a massage, spa, bathing or similar establishment
13 or an out call massage se , the permit and business ficensC shall not be transferable without
14 the written approval of the chief of police and the finance director license colfe . An
15 application for such a change shall be accompanied by a nonrefundable investigation fee of one
16 fifty hundred dollars ($150) and provide all of the information required in Section 6.40.040.
17 (b) A permit for an out call massage service or a massage technician is not transferable.:
18
19 Section 6.40.130 Revocation or suspension of permits.
20 (a) Any massage, spa,bathing or similar establishment permit, out call permit, or
21 massage technician permit mid masseur or massense permits issued under this chapter shall be
22 subject to suspension or revocation by the city manager for violation of, or for causing or
23 permitting violation of, any provision of this chapter or for any grounds that would warrant the
24 denial of such permits in the first instance.
25 (b) Prior to the suspension or revocation of any permit issued under this chapter, the
26 permittee shall be entitled to a hearing before the city manager or itis the manager's designated
27 representative, at which time evidence will be received for the purpose of determining whether
28 or not smh the permit shall be suspended or revoked or whether the permit may be retained. In
112112005 15
I the event the permit is suspended or revoked, the notification of the reasons for such suspension
2 or revocation shall be set forth in writing and sent to the permittee by means of first class mail.
3 The manager may impose conditions or restrictions on the permit in lieu of suspensionor
4 revocation to attempt to eliminate violations or nuisances that have been found.
5 (c) In the event of suspension or revocation of any permit, the permittee may appeal to
6 the city council in the manner as provided in Section 6.40.090.
7
8 Section 6.40.140 Display of signs and permits.
9 No person granted an operator's permit pursuant to this chapter shall begin operations
10 until a recognizable and legible sign has been posted at the main entrance to the permit
11 premises. All permits granted shall bear the picture of the permittee and shall be posted within
12 the establishment in a location immediately available for inspection for representatives of the
13 city, including the permits for out call massage and massage technicians., masseurs or
14 masseuses Out call massage permittee must have their permit bearing their pictures available
15 for inspection at all times while providing out call massage services. No person granted a
16 permit pursuant to this chapter shall operate under any other name or at any other location than
17 that specified in the permit.
18
19 Section 6.40.150 Notice of changes.
20 All persons granted permits pursuant to this chapter shall report immediately to the city
21 finance department'ficense colle and the police department all changes of residence or
22 business address or change of ownership of the establishment or service. Failure to give such
23 notice within fifteen(15) days of the event shall render the permit null and void.
24
25 Section 6.40.160 Renewal of permits.
26 Every Each permit shall be renewed annually, no less than ninety(90) days prior to the
27 anniversary date of its issuance. Any permit not renewed shall be null and void on such
28 anniversary date. The investigation fee for renewals shall be one hundred, dollars
112112005 16
1 ($100-75), no part of which is refundable. Additional fees may be charged to cover costs such
2 as processing fingerprints. Prior to permit renewal being granted the permittee shall must:
3 (1) Provide two photographs of passport size at least two inches by two inches showing
4 the head and shoulders of the applicant in;a clear and distinct manner taken with the sixty(60)
5 days immediately prior to filing the renewal applicationand current
6 information concerning any changes to the facts set forth in the initial or immediately prior
7 renewal;application;
8 (2) Obtain a new certificate, dated within thirty(30);days of the renewal, from a medical
9 doctor stating that the licensee is free from infectious, contagious or communicable diseases
10 capable of being transmitted through therapeutic massage;;
11 (3) Obtain clearance from the police department ung that the permittee has had no
12 arrests or convictions for violations of those penal code secti listed in Sectio n subsection
13 6.40.080(x)(3) or(4)above ofthis-code since the permit was issued or last renewed.
14
15 Upon complete submission of this information together with the required filing fee,the permit
16 shall be renewed
17
18 Section 3. This ordinance shall be published as required by law.
19
20
Mayor
21
22 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that
23 the foregoing ordinance was introduced at a regular meeting of the City Council held on the_
24 day of , 2005, and adopted thereafter at a regular meeting of the City Council held on
25 the_day of , 2005, by the following vote:
26 AYES: COUNCILMEMBERS:
27 NOES: COUNCILMEMBERS:
28 ABSENT: COUNCILMEMBERS:
112112005 17
1
City Clerk
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1121/2005 18
CITY AGENDA D�
°� ITEM# o
BURLINGAME STAFF REPORT
MTG.
DATE 2/7/2005
TO: Honorable Mayor and Council SUBMITT
BY
DATE: February 7, 2005 APPROVED ���
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
SUPPLEMENT— INTRODUCE ORDINANCE AMENDING CHAPTER 6.40 TO CLARIFY
REGULATIONS GOVERNING MASSAGE, SPA,AND BATHING ESTABLISHMENTS
The City received a request from a citizen to consider amending the proposed ordinance to allow persons who
are now practicing massage in the City under current exemptions a period of time in which to obtain the training
required by the ordinance amendment. The proposed changes in training requirements would not affect any
person who holds a current massage permit from the City.
Under the current provisions of chapter 6.40, only 70 hours of training are required for a massage permit. The
proposed ordinance would increase this requirement to 500 hours, which appears to be an accepted standard of
competency in the Bay Area.
Because this is not a continuing education requirement but only a qualification requirement, this change would
not affect any person holding a current massage permit from the City. However, there are a number of people
who may be providing massage under the exemptions of Section 6.40.050, which allowed persons to work
under the direction of cosmetologists, barbers, and health practitioners without an individual permit, license, or
certificate from either the City or the State or any proven qualification. This ordinance would now require many
of those persons to obtain a massage technician permit from the City.
In order to give those persons time to obtain the required training, the City Council could take one of two
approaches, 1) allow those persons to apply for and receive a permit conditioned on completing the training
within a specified period of time or 2)postpone the effective date of the ordinance. A possible provision for
allowing permit issuance would be as follows:
Section . The provisions of Section 6.40.040(m)contained in this ordinance shall apply as
follows until October 1, 2005:
(a)Any person who can demonstrate to the satisfaction of the chief of police that the person has
been practicing massage in the City of Burlingame for a continuous period of six(6)months before
March 1, 2005, under the exemptions contained in Section 6.40.050 as it existed on February 1, 2005,
need only provide proof that the person has successfully completed seventy(70)hours of training in a
Recognized School in order to be granted a conditional massage technician's permit under chapter 6.40.
As a condition of such a permit, the person shall be required to complete the required 500 hours of
training at a Recognized School within twelve (12) months of the date of issuance of the conditional
permit.
Mayor and Council
Re: Supplement— Introduce Ordinance Amending Chapter 6.40 to Clarify Regulations Governing
Massage, Spa, and Bathing Establishments
February 7, 2005
Page 2
(b) This conditional permit process shall not apply to any permit application received after
October 1, 2005.
(c) The requirements of section 6.40.040(m) shall not apply retroactively to any massage permit
that was approved by the City of Burlingame before the effective date of this ordinance.
City staff is not currently supportive of practical experience equivalency as staff has no current basis on which
to judge that issue. However, if the Council would like to further explore that issue, staff can return in the
future with a report.
Distribution
Chief of Police
Finance Director
CITYAGENDA 9a
°T ITEM#
BURL,NGAME STAFF REPORT
MTG.
�+ DATE 2/7/2005
TO: Honorable Mayor and Council SUBMITTED--` ',
BY— 74ey
DATE: January 28, 2005 APPROVED' j
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
ADOPT RESOLUTION ADOPTING PURCHASING AND CONTRACTING PROCEDURES
RECOMMENDATION:
Adopt resolution adopting a City Purchasing and Contracting Procedures.
DISCUSSION:
State law and Title 2 of the Burlingame Municipal Code provide general guidance on purchasing and
contracting by the City. The City Manager had established purchasing procedures as an administrative
instruction in 1998. In early 2003, the Council adopted an Expense Reimbursement Procedure.
In order to bring those provisions together in a more readable and up-to-date fashion, Finance and Public Works
staff have worked with the City Attorney's office on the enclosed procedures. The procedures affirm current
procedures and clarify some of the process to be used. A standard insurance requirement is also attached.
Amendments to expense reimbursement procedures is also included and provided in a redline form.
If the Council approves the Procedures, staff will assemble the supporting forms for integration into appendices
to the Procedures and then distribute copies to the City's departments.
Attachment
Resolution approving Purchasing and Contracting Procedures
Attached Procedures
Attached Standard Insurance Requirements
Distribution
Finance Director
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING
PURCHASING AND CONTRACTING PROCEDURES
RESOLVED,by the City Council of the City of Burlingame:
WHEREAS,the City has been using a variety of guiding documents to administer
purchasing and contracting procedures in the City; and
WHEREAS, it is important that those procedures be placed in a unified reference for ready
use by City staff; and
WHEREAS, staff will assemble the supporting forms for integration in the procedures as
appendices and to update those forms as may be appropriate,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The Purchasing and Contracting Procedures, including the Standard Insurance Required
contained in Exhibit A hereto are approved.
2. The City Manager, Finance Director, and City Attorney are authorized and directed to
assemble the supporting forms and integrate them into the Procedures as Appendices.
3. This resolution supersedes and replaces Resolution No. 28-2003.
MAYOR
I,MARY ELLEN KEARNEY,Deputy City Clerk of the City of Burlingame,do hereby certify that
the foregoing resolution was introduced at a regular meeting of the City Council held on the day of
2005,and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCIL,MEMBERS:
ABSENT: COUNCIL,MEMBERS:
CITY CLERK
PURCHASING AND CONTRACTING PROCEDURES
Purpose: This procedure describes the City's requirements for purchasing or contracting for
services and materials. This Administrative Procedure contains the following:
I. Procedure to Use/Contracting Procedures
II. Purchase Orders
III. Check Requests
IV. Open Purchase Orders
V. Procurement Card Procedures
VI. Petty Cash
VII. Bidding Procedures
VIII. Emergency Procedures
IX. Capital Asset Accounting
X. Expense Reimbursement
Appendix
Purchasing Forms
Contract Forms
Bond Forms
Standard Insurance Requirements
Travel Reimbursement Forms
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I. PROCEDURE TO USE/CONTRACTING PROCEDURES
A. Introduction. In determining which procedure to use, the person authorized to make the
purchase should determine; 1)which procedure is legally required by State or local law;
and then 2) whether a more formal procedure would provide more benefit to the City.
For example, while only verbal quotations may be legally required, written quotations
might ensure a better evaluation.
Burlingame Municipal Code chapter 2.28 adopts the State Uniform Public Construction
Cost Accounting Act established by Public Contract Code Sections 22030 and following.
This means that the City may use differing levels of contract cost to determine when
formal bidding is required; however, use of that system also means that City officers and
employees are obligated to scrutinize spending obligations and ensure that the City's
money is properly accounted for.
1. Under$1,000: Departmental discretion. Purchase order is required if requested by
vendor.
2. $1,000 to $2,999: Two (2) or more verbal quotations are required. Purchase
order required. Use telephone quotation form and submit with purchase order to
Finance Department.
3. $3,000 to $25,000: Three (3) or more written quotations and purchase orders are
required.
Note: $25,000 or less: May be performed by City employees,by negotiated contract, or
by purchase order after three (3) or more written quotations. However, this is a
unusual occurrence and both the City Attorney and the Finance Director should be
consulted on pursuing this alternative.
4. $25,001 TO $75,000: Awarded by informal bidding procedures pursuant to
Burlingame Municipal Code Chapter 2.28 (See Section VII(B)below) or formal
bidding procedures (See Section VII(C)below).
5. $75,001 to $100,000: Awarded by formal bidding procedures (See Section VII(C)
below), unless the City Manager specifically authorizes in writing the use of
informal procedures (See Section VII(B)below) for that project.
6. Over$100,000: Awarded by formal bidding procedures (See Section VII(C)
below).
B. Exceptions to bidding/quotation requirements are listed below. However, the same
rules with regard to approval apply, i.e. the Council approves any contract or purchase
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over$100,000; the City Manager approves any contract or purchase over$75,000:
1. Where a sole source of supply or standardization is determined to be beneficial to
the needs of the City. Pre-approval by the Finance Director and the City Attorney
in writing is required, and additional approval by the City Manager or the City
Council may be required as determined by the City Attorney.
2. Where an emergency as defined in the State Uniform Public Construction Cost
Accounting Act requires the purchase without following the bidding procedures.
Pre-approval by the Finance Director or the Director's designee, and the City
Attorney, if available, is required, and additional approval by the City Manager or
the City Council may be required as determined by the Finance Director or City
Attorney.
3. Specialized professional or recreational services.'
4. Insurance.
5. Where the calling for bids on a competitive basis is impractical or impossible.
Pre-approval by the City Manager and the City Attorney is required, and
additional approval by the City Council may be required as determined by the City
Attorney.
6. Open purchase order. However, if the total purchases from a vendor or contractor
for the fiscal year exceeds $10,000, the purchasing shall be reviewed annually for
competitiveness by the Finance Director. If purchases exceed $25,000 in a fiscal
year under an open purchase order, the purchasing or contracting shall be subject
to the bidding procedures described above and the open purchase order process
does not apply until purchases drop below $25,000 in a fiscal year.
It is the general policy of the City that open purchase orders should be re-
evaluated on no less than a 3 to 5 -year basis to ensure that the vendor is still
providing a competitive price and quality product or service.
C. Business License. Any vendor or contractor doing business in Burlingame must obtain a
current City business license before award of purchase or contract is made.
D. Contractor's License. Any call for a bid for a construction project of any kind must
specify the level of State contractor's license required to perform the work.
E. Contract Forms
1. Considerations. If the minimal information provided on a purchase order will
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do, then a purchase order signed by the vendor or contractor is a contract.
However, remember that the writing on that purchase order is probably all that can
be relied on. If there is no date of delivery given or no quality description, then
don't be surprised if things don't work out. Without a contract, a vendor or
contractor may argue that there were some oral agreements that were different
from what the purchaser understood. Very often,the lack of a more formal
contract means that the understandings with the vendor or contractor may not be
enforceable.
2. A contract is necessary if insurance or a bond is to be required. If there is a___X
question of importance, use a contract.
3. Attached are different forms of contract for use:
a. Short Form Contract. This is intended for use when a vendor or contractor
is going to perform limited work on City property, such as installing a
piece of equipment.
b. Material Contract. This is intended for use when equipment or supplies
are going to be provided with little or no work to occur on City property.
For example, a supplier is going to deliver and set up a copy machine.
C. Consultant Contract. This is a form for alteration when retaining a
consultant or other professional.
d. Standard Request for Bids. This is for use when requesting bids; it is in a
formal bid format, but can be redone to use in an informal bid process.
Generally, it will be used with the Standard Special Provisions described
in subsection (E). It also includes a standard agreement for use in
awarding the bid.
e. Standard Special Provisions. These are the standard provisions to be
included in project specifications.
F. Insurance.
If a vendor or contractor is going to spend any extended period of time on City property,
insurance is required. The standard insurance requirements are provided in Appendix_.
However, if there are high risks involved in a project or if the potential damage would be
extensive, then these limits should be increased. Approval of the City Attorney is
required for any variation in insurance. A checklist for insurance is provided in Appendix
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G. Bonds
1. Type of bonds. In many projects, there are 4 bond types that are generally
required. As described below, some of these bonds are required as a matter of
State law. In other cases, their use should be considered to best meet the public
and City interest.
a. Labor&Materials (or Payment)Bond. This bond seeks to protect the
rights of subcontractors, laborers, and material suppliers to a public
contract. This is the most important bond under State law and should be
required whenever there is any labor involved of any substantial nature.
i. For any project or contract that involves labor or installation of
materials/products and will cost more than $25,000, a labor&
materials bond must be required and provided.2
ii. The amount must be equal to the amount of the contract.
iii. The bond must be in California form. For example, the AIA Form
(a national form) is not acceptable. A form labor&materials bond
is provided in Appendix_.
iv. Failure to obtain this bond exposes the City and City employees to
direct liability for unpaid labor, subcontractors, and materials
providers.
b. Performance Bond. There is no statutory requirement that performance
bonds be provided. However, a performance bond provides reasonable
assurance that if the contractor defaults on the project, a bonding company
will either provide or pay for another contractor to complete the work.
Therefore, it is good practice to require a performance bond. A
performance bond shall be required on all contracts over$75,000.
i. The amount is equal to the amount of the contract.
ii. A sample performance bond is provided in Appendix_. It is vital
that the bond provide that any changes in the amount of the
contract or the specifications will be covered by the bond.
C. Maintenance Bond. As with performance bonds, there is no statutory
requirement for a maintenance bond. However, it is good practice in many
instances. It should be based on expected test and evaluation periods and
can be for varying periods and amounts. Often, the performance bond may
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roll into a maintenance bond, and the submittal of an acceptable
maintenance bond is a precondition to substantial completion of a project.
d. Bidder's Bond. Whenever a project valued at $5,000 or more is put out
for formal or informal bids, a bidder's bond must be required and
provided.' The amount is 10% of the value of the bid, and ensures that the
bonding company will pay the difference between the low bid and the bid
actually awarded, should the low bidder fail to execute the contract for the
project. It is a penalty bond.
2. Submittal and Review. When each bond is submitted, the City is required to
verify through the State Insurance Commissioner's website that the bonding
company is allowed to do business in the State. The webpage showing that
information must be printed out and attached to the bond for filing. Failure to
perform this step means that the City may be liable should the bonding company
not perform its obligations under the bond.4
H. Signatures/Execution.
1. Contracts. Except for exceptional situations, only the Director of Public Works
and the Finance Director have explicit authority under the Municipal Code to
execute contracts that bind the City. Authority for others to sign must come from
Council action or when others are acting as the Director of Public Works or the
Finance Director in their absence. Contracts must also be approved by the City
Attorney as to form and by the City Clerk to attest.
If an unauthorized City employee signs a contract that attempts to bind the City,
that employee may be personally responsible to pay for the contract.
2. Purchase Orders. Purchase order signature authority is conferred by individual
department heads. Finance will require written notification of individuals
authorized to sign purchase orders.
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H. PURCHASE ORDERS
A. Introduction. Purchase orders are the way in which a verbal quotation or a written
agreement is translated into a fiscal commitment and properly appropriated under the City
budget. As soon as agreement with a vendor is reached, a purchase order must be
prepared. All purchases capital equipment (see Section IX(Q) and contracts require a
purchase order. Also refer to the earlier discussion in Section I(E) about having a
contract accompany the purchase order.
B. Procedure. A purchase order requisition is prepared as soon as agreement with the
vendor is reached. A copy of the written quotation, telephone quotation, or agreement
must be forwarded to Finance.
If the agreement is being submitted to the City Council for approval, a purchase order
requisition must be prepared the day after Council approval, and a copy of the vendor
agreement sent to Finance.
C. Obtaining a purchase order number.
1. To obtain a purchase order number until the implementation of the electronic
purchase order requisition system, call the Finance Department at extension 215.
Send the completed purchase order to the Finance Department.
2. To obtain a purchase order number upon implementation of the electronic
purchase order requisition system, enter a purchase order requisition in the
electronic purchase order requisition system. After the purchase order requisition
is approved by the requestor's supervisor, department head, and the Finance
Department, a purchase order number is assigned by the electronic financial
system.
In an emergency situation, Finance can provide an emergency purchase order number.
This number will then be entered into the electronic purchase order system.
D. Copies and Payment. A department and a receiving copy will be returned to you. When
the order is received, initial the"receive"copy, indicate receive date and quantity, and
forward it to Finance for payment. If you receive only a portion of an order, make a copy
of the receive copy, write "partial" in the description, note the amount to be paid, and
forward the partial to Finance for payment. When Finance receives the invoice from the
vendor,payment will be made based on the returned purchase order copy.
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III. CHECK REQUEST
A. Introduction. For purchases of equipment that is not capitalized (see Section 1X(C) for
definition of capital assets) and for non-contractual services, check requests are the
normal way of making payment to vendors.
B. Procedure. Complete the check request form and obtain authorizing signatures. For
first-time use of a vendor, fill in complete vendor information. The City is required to
issue Form 1099's for payments to vendors, so if a payee is an individual, the City must
obtain the individual's social security number for reporting to the IRS; the department
making the purchase is responsible for obtaining the social security number, not Finance
Department.
C. In case of urgency, the Finance Department can quickly prepare checks, but this should
be used only sparingly. Contact the Financial Services Manager directly when such
instances arise.
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IV. OPEN PURCHASE ORDERS
A. Introduction. Open Purchase Orders are a method in which established vendors are
listed for ease of use for repeatedly purchased supplies. If an item sought by a department
is available from a vendor that is listed under an open purchase order, a department can
choose to make the purchase from that vendor without using the more lengthy procedures
outlined above for purchasing.
B. Limitations. If the volume of business with a vendor exceeds $25,000 during a year, then
the procedures for bidding set forth above are required for use. In case of questions,
contact the Finance Director. A single purchase under the open purchase order procedure
cannot exceed $5,000.
C. Listing. Finance Department provides a list of open purchase order vendors and current
purchase order numbers by July 1 of each year. Departments are invited to submit the
names and descriptions of vendors to Finance Department that they believe should be
added to the list.
D. Submitting invoices for payment. Departments must note current open purchase order
numbers (see the current list of vendors), account number, and authorization for payment
on each invoice before submitting to accounts payable for payment.
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VI. PROCUREMENT CARD PROCEDURES
A. Purpose. To provide instructions on the proper use of the City of Burlingame
procurement card for purchases of supplies, materials and equipment not to exceed limits
established by a department's Approving Official.
B. General information.
1. The VISA procurement card will have the employee's name and City of
Burlingame seal embossed on the card. Authorization to use this card is restricted
to an employee individually. It may not delegated. No member of staff, an
employee's family, an employee's supervisor, or anyone else may use this card. It
has been specially designed to avoid confusion with an employee's personal credit
cards. The card is to be used for OFFICIAL CITY BUSINESS ONLY and
MAY NOT BE USED FOR PERSONAL PURCHASES. The bank has no
individual cardholder information other than the cardholder's work address. No
credit records, social security numbers, etc. are maintained.
2. Prior to receiving a procurement card, an employee will receive a copy of the
Cardholder Agreement,which indicates the maximum dollar amount for each
single purchase and a total for all purchases made with the procurement card
within a given month.
C. Procurement card authorization.
1. Additional authorization controls have been added to protect the City. When a
merchant seeks authorization for a purchase from the bank, the system will check
each individual cardholder's single purchase limit, the cardholder's 30-day limit,
the Approving Official's limit, and the type of merchant where the cardholder is
making a purchase before the transaction is authorized. All this is done at the
time the card is scanned.
• Single Purchase Limit: Each single purchase is limited and must comply
with the City of Burlingame's Purchasing Procedures.
• Cardholder's 30-Day Limit: Each cardholder has been given a maximum
limit per month. This amount has been determined by the employee's
Department Head. The cardholder's 30-Day limit is located at the bottom
of the form included with the procurement card.
• Approving Official's Limit: Each cardholder has an Approving Official (in
most cases it is the Department Head). The Approving Official's office
limit is based on the monthly limits established for each card under their
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control. For instance an Approving Official with 5 employees each having
a $1,000 30-day limit would have an office limit of$5,000.
2. Type of Merchant: Each Department Head has determined which type of
merchants a cardholder is authorized to use with the card. See the following
section regarding restricted uses.
The procurement card is a supplement to the procurement process. As with other
procurement methods the following conditions must be met when using the
procurement card:
• Each single purchase may be comprised of multiple items, but the total
including tax cannot exceed the single purchase dollar limit on the
procurement card.
• If a purchase will exceed the limit established by the cardholder's
Approving Official or the City, normal-purchasing procedures must be
followed.
• Cardholders must ensure that sufficient funds are available in the budget
prior to making any purchases. The cardholder's Approving Official can
assist in verifying available funds.
3. The issuance of a procurement card in an employee's name does not allow the
procurement card company to do any credit check on a cardholder's personal
credit. The company will not request any personal information from the
cardholder, nor should any personal information be furnished.
4. Use of the procurement card is not intended to replace effective procurement
planning that enables volume discounts.
5. Purchases shall not be split to circumvent procurement regulations.
6. If a purchase made with a procurement card is questioned, a cardholder must be
able to explain the nature of the purchase. If a cardholder cannot substantiate that
the purchase was necessary and for official use, the cardholder's department will
address this situation in accordance with City policy.
7. Questions regarding a cardholder account should be directed to the procurement
card Company, US Bank, at 1-800-227-6736.
D. Card restrictions. The procurement card can be used like any other credit card to
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purchase supplies, materials, and equipment which are authorized and that do not exceed
the single transaction limit or are restricted. The procurement card shall not be used for
the following:
1. Cash advances
2. Personal services
3. Entertainment
4. Purchase of items carried in inventory unless out of stock
5. Alcoholic beverages
6. Medical drugs,narcotic drugs
7. Tobacco products
8. Splitting of purchase to circumvent the single transaction limitation
A cardholder's Approving Official may apply other restrictions.
E. Purchasing procedures. A cardholder's Approving Official will notify the cardholder
when the procurement card has been received. Use of the procurement card is voluntary
and a privilege. Accordingly, a cardholder will be required to sign the cardholder
agreement and procurement card receipt prior to receiving your card.
Within the types of merchants authorized by the Approving Official, a cardholder may
use the procurement card at any merchant that accepts VISA cards for payment of
purchases.
Upon selecting purchases,present them and the card to the merchant. The merchant will
complete a sales draft, which includes the following information:
• Card number, expiration date, and cardholder's name.
• Date and amount of purchase.
• Brief description of item(s)purchased.
• Merchant name and identification.
The merchant will obtain authorization for the transaction via either a telephone call or
direct telecommunication link to the VISA authorization network. The merchant will
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obtain an authorization number as long as the purchase is within the limits established for
that card.
Before signing the sales draft, verify that the amount is correct and that sales tax has been
added. A purchaser will receive one copy of the signed sales draft. RETAIN THIS
COPY in order to attach to the cardholder's monthly statement of account.
F. Telephone-mail order or internet procedures
A cardholder can be authorized by an Approving Official to make telephone orders or
internet orders with a procurement card. Any telephone or internet order must be
documented.
If no external documentation is available a for telephone order, a log of telephone orders
must be maintained for the same length of time as the billing cycle for the procurement
card. When a Statement of Account statement is received that has telephone orders
included, attach the log to the statement in lieu of a packing slip/receipt if no receipt is
sent confirming the order.
When an order is placed on the internet, print a copy of the order and receipt to attach to
the statement in which the charge appears.
If an order is placed through the mail, maintain a copy of the order form. Attach the order
form and sales receipt, if available, to the statement in which the charge appears.
G. Statement processing procedures after purchase
At the close of each billing cycle, each employee who made purchases during the billing
cycle will receive a Statement of Account from US Bank. The statement will itemize
each transaction that was charged to the procurement card account.
Upon receipt of the statement, complete each of the steps below within five (5)working
days:
• Review the statement for accuracy
• Indicate the appropriate general ledger account code by each transaction, if
appropriate.
• Attach all sales receipts, copies of telephone logs for phone orders and requisition
forms to the statement in the order they appear on the statement.
• Sign the certification block and forward the reconciled statement and attachments
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to the Approving Official within five (5) working days of receipt.
If an item that was purchased has been returned, attach the credit voucher to the statement
on which the credit appears.
If an item is charged incorrectly,provide a complete explanation of the error on the form,
"Cardholder Statement of Questioned Item." Send this form directly to US Bank and
forward a copy to the Approving Official. This is the cardholder's responsibility. The
Approving Official will forward the copy to the Finance Department who will follow-up
with US Bank regarding any adjustments necessary. Any item that is on a Statement of
Account that is questioned must be submitted to Purchasing within five (5) working days
from receipt of the statement.
If a cardholder is not available to review the cardholder's Statement of Account within
the five (5) day period, have all paperwork including receipts forwarded to the Approving
Official to process in the cardholder's absence. The Approving Official will be
responsible for processing statements for those on vacation or other leave. Upon the
cardholder's return, the cardholder will still be required to sign the original Statement of
Account.
If a cardholder had no purchase activity during a particular billing cycle, no statement will
be generated.
At the same time, US Bank will forward a composite/summary statement to each
Approving Official listing the totals for all the individuals with card activity during the
last billing cycle. The Approving Official will review the summary statement and will
match all the individual statements packet to the Approving Official Summary. The
Approving Official will sign the voucher, attach all back-up, and obtain Department Head
Approval (if the Approving Official is not the department head) and forward the entire
packet to Finance for payment within fifteen (15)working days of the summary statement
date.
H. Disputes
If items purchased with a procurement card are found to be defective, the cardholder has
the responsibility to return the item(s) to the merchant for replacement or to receive a
credit on the purchase. If the merchant refuses to replace or correct the faulty items, then
the purchase of this item will be considered to be in dispute and will not be paid until
resolved.
A disputed item must be noted on the cardholder's Statement of Account so it will not be
paid until the problem is resolved. To process a dispute, notify US Bank in writing, using
the Cardholder Statement of Questioned Item form within sixty(60) days after the date of
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the first statement on which the disputed charged occurred. Be sure to provide a copy to
the Finance Department. US Bank will research the disputed charge and make any
necessary adjustments.
L Lost or stolen cards
If a card is lost or stolen, Immediately notify the Approving Official and US Bank. US
Bank Customer Service can be reached at:
1-800-227-6736
Provide the following information to the Approving Official: Cardholder's complete
name; card number; the date reported to police, if stolen; date US Bank was notified; and
any purchases made on the day the card was lost or stolen. A new card will be mailed to
the cardholder after the loss or theft has been reported to US Bank. A new account
number will be assigned to the new card.
IT IS IMPORTANT THAT US BANK AND THE APPROVING OFFICIAL BE
NOTIFIED IMMEDIATELY OF THE LOSS OR THEFT OF A CARD.
J. Changes to cardholder information and request for additional cards
Changes to a cardholder's name, address, and organization should be immediately
reported to the Approving Official who will forward the information to the Finance
Department.
Upon a cardholder's leaving City employment or transferring to another department, the
card shall be returned to the Approving Official by the cardholder, and the Approving
Official will forward the card to the Finance Department.
All requests for new cardholders must be done in writing addressed to the Finance
Department.
For any questions on the appropriate use of a procurement card, contact the Approving
Official or the Finance Department.
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VI. PETTY CASH
A. Introduction. The use of petty cash for purchasing is not a favored alternative. Petty
cash should only be used to reimburse City employees for purchases that they have made
pursuant to the reimbursement procedures found elsewhere in these administrative
procedures. In an emergency, petty cash may also be used if a check request is not
available,but only with the approval of the Finance Director.
B. Procedure. Complete petty cash voucher and attach back-up materials, such as invoices,
statements, receipts. An authorizing signature is required. An individual cannot approve
a petty cash payment for or to him or herself. An account number must be assigned to the
payment request.
C. Maximum Amount. Except for the Police Department, petty cash will only be used for
payments under$300. For the Police Department,petty cash will only be used for
payments under$500.
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VII. BIDDING PROCEDURES
As described above, these Purchasing Procedures require informal and formal bidding on certain
contracts involving the City. Of course, more formal bidding may used at any time that a
department head, the City Manager, or the City Council determines that would better serve the
public interest.
Informal bidding provides more flexibility on project timing: notice requirements are not quite as
lengthy and Council approval is not required. However, a department head may determine that
longer notice is appropriate or a project should go to Council for award and nothing in these
procedures is intended to inhibit such a decision.
A. Solicitation of Written Quotations
1. Ensure that quotations are sought from a changing list of contractors. Do not
direct the request to the same contractors every time.
2. Ensure that the request for quotation and the specifications are clear.
3. Clearly document the quotations that are received and file in the project file.
B. Informal Bidding'
1. The City maintains a list in the Public Works Department of qualified contractors
according to categories of work.
2. Notice of the informal bid request is mailed to the construction journals identified
for San Mateo County by the California Uniform Public Construction Cost
Accounting Commission. Currently, those journals are Construction Market
Data/Daily Construction Service; F.W. Dodge; and two from the following list:
Marin Builders Exchange; San Francisco Builders Exchange; Builders Exchange
of Alameda County; Peninsula Builders Exchange; Builders Exchange of Santa
Clara County. See http://www.sco.ca.gov/ard/manual/cuccac_man.pdf.
3. All mailings have to be completed at least 10 days before the date that bids are
due.
4. If a project is estimated to cost more than $75,000 but not more than $100,000,
written authorization from the City Manager is required before the informal bid
process can be used. If the bids received are more than $100,000 in spite of the
estimate, contact the City Attorney to determine what the next steps in the bidding
process must be.
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C. Formal Bidding6
1. Notice of the formal bid request is published in a newspaper of general circulation
published in the City at least 14 days before the bids are to be received an opened.
2. Notice of the formal bid request is mailed to the construction journals identified
by the California Uniform Public Construction Cost Accounting Commission for
San Mateo County. Currently, those journals are Construction Market Data/Daily
Construction Service; F.W. Dodge Division; and two from the following list:
Marin Builders Exchange; San Francisco Builders Exchange; Builders Exchange
of Alameda County; Peninsula Builders Exchange; Builders Exchange of Santa
Clara County.
3. All mailings have to be completed at least 30 days before the date that bids are
due.
D. Processing of Bids
Bids shall remain sealed until all bids are opened in public at the same time. If there are
any questions regarding specific bids, rejection of bids, clerical errors, or otherwise,
contact the City Attorney immediately.
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VIII. EMERGENCY PROCEDURES
A. In case of emergencies, State law allows the City to take steps to shorten or waive certain
purchasing and bidding procedures. Finance Department personnel are trained in quick
processing of purchase orders, and the City Attorney can prepare the necessary paperwork
for Manager or Council action. The EOC manual provides additional information on
these procedures.
B. Consult both the Finance Director and the City Attorney.
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IX. CAPITAL ASSET ACCOUNTING
A. Policy. Each department head is ultimately responsible for the control of the assets
within the department head's department.
B. Purpose. To establish a system for capitalizing assets under the GASB 34
pronouncement.
C. Definitions. The City capitalizes equipment that costs at least $5,000 and has estimated
useful life in excess of one year. Structures and improvements and infrastructure with a
value of at least $250,000 are capitalized.
All capital assets are valued at historical cost or estimated historical cost if actual
historical cost is not available. Contributed capital assets are recorded at estimated fair
market value at the date of donation.
D. Procedures. The Finance Department builds the Capital Assets Inventory based upon
historical costs and capital outlay purchases.
Once each year, the Finance Department will provide each department with a listing of its
capital assets for review, edit, correction, and return to Finance. Any changes to existing
asset listings must be reviewed and signed by the applicable department head.
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l
X. CITY OF BURLINGAME,CALIFORNIA
EXPENSE REIMBURSEMENT PROCEDURES
I. Purpose:The City of Burlingame is obligated to ensure that expenditures made by the City are
for clearly public purposes and the City is accountable to taxpayers and citizens of the City to be
prudent and wise in making those expenditures. The purpose of these procedures is to provide
the process by which a City officer or employee may seek reimbursement for expenses that the
officer or employee has incurred in the conduct of City business as authorized by the employee's
supervisor or manager or other action.All such reimbursements are to be made in accordance
with the budget for that expense. Officers and employees should ensure that their proposed
expenses are reimbursable before incurring the expenses. Xifter the officer or employee seeking ,. - Deleted:Both
the reimbursement and the person approving the reimbursement are personally responsible for
the integrity of the reimbursement process.I
JI. General Policy Statement:Reimbursement for expenses-are made in order to advance the --- Deleted:I
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public,corporate purposes of the City of Burlingame. The California Constitution,the
Government Code,the Burlingame Municipal Code,and the administrative procedures of the
City govern the expenses that can be lawfully incurred and reimbursed on behalf of the City.
City Council pre-approval for travel outside the State of California and Nevada is required.
Expenses cannot be used for personal benefit to the officer or employee.All expenses claimed
for reimbursement are subject to audit?
Before making a personal expenditure that will result in a claim for reimbursement,officers and
employees should consider the use of a purchase order or prepayment by the City. While this
will not always be possible given time constraints or the nature of the vendor,direct payment by
the City will often result in cost savings to the City and avoid the necessary delay involved in
any reimbursement.
1"Officers and employees"as used in these procedures include all volunteers. "Department head"as used
in these procedures with regard to reimbursement payable to a department head means the City Manager.
"Department head"as used in these procedures with regard to a board member or commissioner means the
department head liaison to that board or commission. "Department head"as used in these procedures with regard to
a Councilmember means the City Manager. "Department head"with regard to the City Manager means the Finance
Director.
2 An officer or employee may also be audited by the Internal Revenue Service and should ensure that the
officer or employee keeps any necessary personal records,such as unreimbursed business expenses for a sufficient
period of time.
Travel Reimbursement Policy Update.doc
III. Travel Expenses
Travel expenses incurred while on City business or at the direction or authorization of the City
are subject to reimbursement as follows:
A. Length of travel.
1. No reimbursement for meals will be made for any travel/business totaling less
than six 6 hours._Meals are often_included as an integral part of a seminar or------ Deleted:twelve(12)
conference,and the included meal(s)will be reimbursed as part of the seminar or
conference registration fee. If a meal is not included as part of a single day
conference,seminar or training,an employee may be reimbursed for the cost of a
meal.
2. Unless expressly authorized in advance in writing by the City Manager based on
exceptional travel circumstances,no reimbursement for lodging will be made for
any of the following trips:
a. A single-day conference,training,or business that is less than 180 miles
road distance,one-way,from Burlingame and that ends or is over by 6:00
p.m.However,if the single-day conference,training,or business is 100__ , - Deleted: 150
miles or more road distance,one-way,from Burlingame and begins at
9:00 a.m.or before,reimbursement for lodging for the evening before the
conference can be approved even though the conference,training,or
business may end before 6:00 p.m.
b. Any multiple day conference,training,or business that is less than 65
miles road distance,one-way,from Burlingame.
B. Transportation/Transit
1. The maximum reimbursement for transportation expenses,such as vehicle
mileage,airfare,or train fare,will be at the vehicle standard mileage rate -- Deleted:then established
allowed by the Internal Revenue Service.
2. If the travel is to a location that is more than 200 miles road distance,one-way,
from Burlingame,the City will reimburse that employee for either the lowest
Deleted:1/26/2005
1/28/2005
2
Travel Reimbursement Policy Update.doc
commercial fare to that location based on the proposed itinerary or the vehicle
standard mileage rate,whichever is less.
3. The City will not reimburse an official or employee for any travel insurance of
any kind.
4. In addition to reimbursement at an airfare or mileage rate,the City will reimburse
an officer or employee for the actual costs of any tolls for bridges or roadways
actually paid.
5. If an officer or employee believes that the limitations imposed by this subsection
will actually cost the City more because of the travel time that may be involved,
the officer or employee may seek the written approval of the City Manager for
alternate travel.
C. Parking
1. Parking fees incurred at either a hotel or at a parking facility are reimbursable.
However,unless the official or employee can demonstrate that no other
reasonable alternative existed,valet parking costs will not be reimbursed beyond
that incurred for a normal parking fee.
2. Parking fees incurred at an airport parking lot during the time that the officer or
employee is on travel are reimbursable to the extent that the total cost of the travel
is within the limits established in subsection B_(1)and(2)above,and do not
exceed the cost of reasonable transportation to and from the airport.
D. Other Transportation
1. Transportation to and from an airport,train station,or other transit facility is
reimbursable. Public officials and employees are encouraged to use public transit
whenever feasible,and determination of$he reasonableness of the transportation ,- Deleted:
used will be based on the availability,usability,and itinerary. As with parking
fees,the total cost of travel is subject to the maximum amounts set forth in
Subsection B_(1)and(2)above.
2. Transportation while at a conference,training,or business event is judged on a
reasonableness standard. Unless the rental car and taxi expenses are within the Deleted:1/26/2005
,I
,I
1/28/2005,_;
3
Travel Reimbursement Policy Update.doc
total amount allowed under Subsection B_(1)and(2)above,rental car,taxi or
other transportation expenses will only be approved when the official or employee
demonstrates that there was no reasonable alternative to the use of that mode of
transportation at the location involved or the mode was required by the nature of
the trip or event. Rental car expense will be approved if the rental car is being
used to transport other City employees or public employees and the financial
benefit from the sharing of transportation results in an actual reduction in the net
cost to the City.
E. Lodging
1. Officers and employees are expected to use the most cost effective lodging
reasonably available. Government lodging rates are almost always available and
should be sought. Conference hotekrates are usually negotiated by the ,- Deleted:s
organizations hosting the conference and maybe used,even thou other lod in Deleted:cost-effective because of
g Y --- -- ------g-g--
might be less expensive. The City will provide a transient occupancy tax transportation costs and safety
exemption certificate if the host city permits such an exemption and requires considerations
back-up as Burlingame does.
2. Lodging reimbursement approval will be based on no more than the maximum
lodging rate allowed by the U.S.General Services Administration for that
location. The current rates are available on the GSA Website at
http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/perd03 d.html . If
government facilities are made available at a cost-effective rate,the official or
employee is expected to make use of those facilities.
F. Meals and incidental expenses
1. Dail -eal allowance and allowance for incidental expenses,such as laundry-------- Deleted:M
tips,and similar expenses,are based on the maximum Meal and Incidental
Expense Rate established by the U.S.General Services Administration for that
location. The current rates are available on the GSA Website at
http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/perd03d.htm) Partial ,- Deleted:
meal and incidental expense allowances can be paid for multiple day conferences,
seminars and business that require partial day travel.
2. No meal allowance will be provided if meals are included in the conference or
training package;if only some meals are included,the following deductions from Deleted:1/26/2005
1/28/2005
4
Travel Reimbursement Policy Update.doc
the daily rate will be made for included meals: $7 for breakfast;$14 for lunch;
and$20 for dinner.
G. Telephones
I. Telephone usage for City business purposes while away from the City is
reimbursed on the reasonable costs of such calls. Cellular phones are often more
cost-effective than using hotel phones directly. Collect calls should be avoided.
H. Conference/Training Registration
I. It is expected that most conference,seminar,or training registration will be done
in advance. This avoids the need for reimbursement claims for this expense. It
also tends to insure the best rates,which are often given for advance registration.
The City may disallow reimbursement for the additional costs incurred when
advance registration is not used,unless the officer or employee can demonstrate
that extraordinary circumstances or City needs compelled the late registration.
I. Advances
I. The City recognizes that officers and employees may not be able to use their own
funds or credit to pay for necessary expenses. An officer or employee may
request an advance to pay for transportation,lodging,and meals if a written check
request accompanied by a copy of the registration confirmation is filed with the
Finance Department no later than ten(10)days before the travel is to commence.
In an emergency situation,this time requirement may be waived by the Finance
Director.
2. In order to be eligible for approval of an advance,the Advance Request form
attached to these procedures shall be completed and approved by the officer or
employee's department head. A written estimate of the lodging expense and
reservation shall be provided. The applicant shall also provide a statement as to
the form of transportation to be used and a copy of the transportation reservation,
if any.
3. Advances shall be made by check payable to the officer or employee.
Deleted:1/2612005
,I
1/28/2005 ,'
5
Travel Reimbursement Policy Update.doc
4. Within five(5)days of the completion of travel,the officer or employee shall file
documentation as required for reimbursements below that demonstrate the
expenses incurred. If overpayment has been made by the advance,the officer or
employee shall repay the City for the overpayment within ten(10)days of the
determination by the Finance Director that an overpayment has occurred under
the these procedures.
IV. Entertainment
Payment of any expenses for hosting of non-City officers or employees is generally not done on
an individualized,reimbursement basis,but rather as a department expense. This type of
expense is to be approved by the City Manager in advance.When a City officer or employee
entertains on behalf of the City,the entertainment activity must be directly related to City
business and should not personally benefit the host or other officers or employees. Elected
officials of the City are currently barred by California Attorney General opinion from
reimbursement for entertainment costs incurred with regard to persons who are not officers or
employees of the City.
A. Administrative meetings. Reimbursement for the cost of light refreshments served during
an administrative meeting if the meeting is directly related to City business can be
reimbursed. The cost of a meal can be reimbursed if the meal is an integral and
scheduled part of the meeting,such as a working lunch.
Note:When two or more officers and employees choose to dine together in order to
continue business,reimbursement for the meal is not allowable.
B. Host to official guest(s)of the City. The cost of light refreshments or meals incurred
when acting as a host to official guests of the City can be reimbursed. Examples of such
guests are:
Visitors from other governments,government agencies or organizations
Members of the community
Prospective employees
Meetings of an organization of which the City is a member or for which
the City sponsors membership of an officer or employee,such as
the League of California Cities
Deleted:1/26/2005
i
r
1/28/2005
6
Travel Reimbursement Policy Update.doc
C. Receptions/Luncheons. The cost of light refreshments and food served as part of a
reception or luncheon.Receptions may be held in conjunction with conferences
(receptions that are not included in the registration fee),meetings of an organization of
which the City is a member or for which the City sponsors membership of an officer or
employees;employee recognition;length-of-service awards or retirement presentations;
employee,staff,or volunteer picnics;rotation of officers.
Employee birthdays,weddings,anniversaries,or farewell gatherings(other than
retirement)are not considered official entertainment.
V. Other Expenses
A. Officers and employees may find that some day-to-day expenses require purchasing
directly without using normal purchasing procedures or petty cash. These should be used
very sparingly and only when they have been authorized by a department head. If they
are not authorized in advance,the claim for reimbursement may not be honored.
VI. Documentation
A. A claim for reimbursement is submitted through the appropriate department approval
process to the Finance Department.
B. Original receipts are required for all of the following:
—Conferences and seminars
—Lodging
—Rental Cars
—Parking and tolls
—Other transportation
—Other purchases
Credit card receipts are generally acceptable.
C. Original receipts are not required for telephone bills for use of personal telephones,such
as cell phones. Copies of the applicable charge sheets may be substituted.
It Deleted: 1/26/2005
1/28/2005 ,'
7
Travel Reimbursement Policy Update.doc
D. Original receipts are not required for meals if the officer or employee is only seeking
reimbursement within the meal and incidental expense rate described in Travel
Subsection F above.
E. The required travel expense report for claiming reimbursement for travel expenses is
attached. For reimbursement of other expenses,the claim form attached shall be used.
F. If an original receipt has been lost,the officer or employee may submit a declaration in
the form attached seeking approval of the affected expense.
VII. Time for submittal
A. Any claim for reimbursement for non-travel expenses must be submitted within ninety
(90)days of the purchase for which the reimbursement is sought. A claim filed after the
ninety(90)day period will not be paid except in case of an intervening emergency or
catastrophe that has prevented the submittal from being timely.
VIII. Prohibited Reimbursements
A. No reimbursement for expenses incurred pursuant to this policy will be made for the
following expenditures:
I. Alcohol,except with the express approval of the City Council for a particular
event.
2. Tobacco products or illegal substances of any kind.
3. Expenses incurred by or because of a spouse or companion,who is not on City
business(72 California Attorney General Opinion 20(1992))unless approved as
part of a reasonable accommodation pursuant to the Americans with Disabilities
Act.
Deleted: 1/26/2005
1/28/2005,
8
STANDARD INSURANCE REQUIRED
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive
General Liability and Insurance Services Office form number GL 0404 covering
Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form GC 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Worker's Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. BEGINNING OF WORK
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this Project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Worker's compensation limits as
required by the Labor Code of the State of California and Employers Liability limits
of$1,000,000 per accident.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City of
Burlingame. At the option of the City of Burlingame, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City of Burlingame, its
officers, officials, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses.
D. OTHER INSURANCE PROVISION
The policies are to contain, or be endorsed to contain the following provision:
1. General Liability and Automobile Liability Coverages
a. The City of Burlingame, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Contractor, products and completed operations of the Contracts,
premises owned, occupied or used by the Contractor, or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City of Burlingame,
its officers, officials, employees, or volunteers. The endorsement providing this
additional insured coverage shall be equal to or broader than ISO Form CG 20 10
11 85 and must cover joint negligence, completed operations, and the acts of
subcontractors.
b. The Contractor's insurance coverage shall be primary insurance as respects the
City of Burlingame, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City of Burlingame, its officers,
officials, employees, or volunteers shall be excess of the Contractors Insurance
and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City of Burlingame, its officers, officials, employees, or
volunteers.
d. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
2. All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty(30) days prior written notice by certified mail, return receipt
required, has been given to the City of Burlingame.
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and
authorized to conduct business in the State of California.
F. VERIFICATION OF COVERAGE
Contractor shall furnish the City of Burlingame with certificates of insurance and with
original endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms
approved by the City of Burlingame. All certificates and endorsements are to be received and
approved by the City of Burlingame before any work commences. The City of Burlingame
reserves the right to require complete, certified copies of all required insurance policies, at
any time.
��—Now AGENDA
BURLINGAME STAFF REPORT
ITEM# 9b
MTG.
DATE 2-7-05
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED goaj�
DATE: January 26, 2005 BY
APPROV
FROM: PUBLIC WORKS BY �Z� y
SUBJECT: RESOLUTION ACCEPTING EASTON LIBRARY RECONSTRUCTI
CITY PROJECT NO. 80370
RECOMMENDATION: It is recommended that Council accept the Easton Library Reconstruction by resolution in
the amount of$970,000.
BACKGROUND: On October 20, 2003 the project was awarded to D L. Falk Construction, Inc. for $794,000.
Change orders totaling $176,000 were negotiated during the course of work. Unforeseen asbestos and dry-rot
conditions accounted for 75% of the change order total.
Outstanding punch list issues will be covered by withholding retention payments to the contractor,and by maintaining
contractor warranties and bonds.
EXHIBITS: Resolution.
BUDGET IMPACT:Funds sufficient to cover this project were provided by closing out the Marshall Trust,additional
Foundation and Duncan Trust funds and by delaying non critical CIP projects at the Main Library.No additional City
funds are required.
i 1tF ?'� .GiL•.+
Philip onaghan E.
Senior Civil En neer
c: City Clerk, Finance, D. L. Falk Company, Inc.
S:\A Public Works Directory\PROJECTS\80370\80370.stf.wpd2.wpd
RESOLUTION NO. -
ACCEPTING IMPROVEMENTS - RESOLUTION ACCEPTING
EASTON LIBRARY RECONSTRUCTION
BY D.L. FALK CONSTRUCTION, INC.
CITY PROJECT NO. 80370
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council
does hereby find, order and determine as follows:
1. The Director of Public Works of said City has certified the work done by D.L. FALK
CONSTRUCTION, INC. under the terms of its contract with the City dated OCTOBER 20, 2003, has
been completed in accordance with the plans and specifications approved by the City Council and to the
satisfaction of the Director of Public Works.
2. Said work is particularly described as City Project No. 80370.
3. Said work be and the same hereby is accepted.
Mayor
I, DORIS J. MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the
day of , 2005, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
S:\A Public Works Directory\PROJECTS\80370\RESOLUTN.ACCEPT.wpd
OAGENDA
BURLINGAME STAFF REPORT
ITEM# 9C
MTG. 2/7/05
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
DATE: January 25, 2005 BY
APPROVED
FROM: PUBLIC WORKS BY
SUBJECT: RESOLUTION ACCEPTING STREET RESURFACING PROGRAM 2004 - CP 80831
RECOMMENDATION:It is recommended that the Council accept the Street Resurfacing Program 2004 by resolution
in the amount of$1,162,825.
DISCUSSION: On April 6, 2004 the project was awarded to O'Grady Paving, Inc. in the amount of$918,386. The
construction was completed successfully for a total cost of$1,162,825.There were two change orders issued. Change
Order No. 1 in the amount of$63,000 added paving on Hillside Drive, Arguello Drive and La Mesa Drive to take
advantage of the low bid prices. Change Order No. 2 in the amount of$120,000 was for stabilizing the Magnolia
Avenue roadway base rock with a cement treatment which was necessary because of a high water table in the area. The
remaining $61,439 was due to quantity adjustments.
The Notice of Completion will be issued once the City receives the 10% maintenance bond as required by the project
contract.
EXHIBITS: Resolution, Final Progress Payment
BUDGET IMPACT:
The following is a financial summary of the project:
Expenditures: Funds Availability:
Construction $1,162,825 Streets CIP Budget $1,350,000
Consultant Inspection $ 30,000 Total: $1,350,000
Engineering Administration $ 87,175
Total: $1,280,000
Staff will transfer the remaining funds to other resurfacing projects at a later time.
Donald T. Chang, P.E.
Senior Civil Engineer
(650) 558-7230
c: City Clerk, Finance, O'Grady Paving
S:\A Public Works Directory\Staff Reports\8083laccept.wpd
RESOLUTION NO. -
ACCEPTING IMPROVEMENTS - RESOLUTION ACCEPTING STREET
RESURFACING PROGRAM 2004
BY O'GRADY PAVING, INC.
CITY PROJECT NO. 80831
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, and this Council
does hereby find, order and determine as follows:
1. The Director of Public Works of said City has certified the work done by O'GRADY
PAVING, INC. under the terms of its contract with the City dated APRIL 6, 2004, has been completed
in accordance with the plans and specifications approved by the City Council and to the satisfaction of
the Director of Public Works.
2. Said work is particularly described as City Project No. 80831.
3. Said work be and the same hereby is accepted.
Mayor
I,Doris J.Mortensen,City Clerk of the City of Burlingame,do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the City Council held on the day of
, 2005, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
S:\A Public Works Directory\PROJECTS\80831\RESOLUTN.ACCEPTANCE.wpd
O'Grady Paving, Inc. CITY OF BURLINGAME DATE: January-24-05 v
2513 Wyandotte Street PROGRESS PAYMENT 4 (FINAL) FOR THE MONTH OF: DEC. 2004
Mt. View, CA 94043 STREET RESURFACING PROGRAM 2004 PURCHASE ORDER # 13483
TELEPHONE: (650)966-1926 CITY PROJECT NO. 80831
++r++ a k+•k••••••••+*aa+++aa+*a++ak#+a+4aa+a+aaa+ar**aaa r ++aka++aa#aa}••a ••••*a*a+a+a+ ++++++ + +#**}+aaa•a*k}+aa}+ k#+++«aa}++}#• «a+aa+•*a*a++ +++r++#++4+aaa+ k+a•a *•••*a«4a a}++++ a }•*k•••••••••••• �
ITEM UNIT BID UNIT BID QUANTITY 8 AMOUNT PREVIOUS AMOUNT
# ITEM DESCRIPTION PRICE QUANTITY SIZE AMOUNT TO DATE PAID TO DATE PAID THIS PMT.
+++++ + ++«++«ak+kkk*a**•«kaa«+a++*+}}+#+L**«+*4taa++k+a* a as+++++k*#****a+ }}+•#4aaa*•a# #«a«++ + }*k*•k4++*a•ak**#a a «+}*kk+4««4+a k •kkk}a•k4ka#4 44«++ta++#4*+aa *}«a* ++kaaaa•*4k#+#4 + ++a}}}«a«*+a}+k}
A). STREET RESURFACING
1 A.C. Digout Repair $80.00 1,849 : TONS $147,920.00 1191.00 64.418 $95,280.00 $95,280.00 $0.00
2 Concrete Base Removal $40.00 282 C. Y. $11,280.00 194.00 68.798 $7,760.00 $7,760.00 $0.00
3 Aggregate Base $20.00 50 TONS $1,000.00 0.00 0.008 $0.00 $0.00 $0.00
4 Site Prep 6 Regrad. $7.00 288 : S.Y. $2,016.00 288.00 100.008 $2,016.00 $2,016.00 $0.00
5 A.C. Leveling Course $51.00 1,813 : TONS $92,463.00 3570.33 196.938 $182,086.83 $182,086.83 $0.00
6 A.C. Overlay $50.00 7,596 : TONS $379,800.00 8079.50 106.378 $403,975.00 $403,975.00 $0.00
7 A.C. Cold Plane $32.00 3,248 C. Y. $103,936.00 5223.20 : 160.818 $167,142.40 $167,142.40 $0.00
8 Wedge Grinding $1.65 7,261 S.Y. $11,980.65 5154.00 70.988 $8,504.10 $8,504.10 $0.00
9 Paving Reinforce Fabric $1.00 18,733 : S.Y. $18,733.00 29580.00 157.908 $29,580.00 $29,580.00 $0.00
10 Paving Reinforcing Mesh $4.80 13,876 : S.Y. $66,604.80 13,120.00 94.558 $62,976.00 $62,976.00 $0.00
11 Concrete Sidewalk $9.00 200 : S.F. $1,800.00 120.00 60.008 $1,080.00 $1,080.00 $0.00
12 Concrete Curb 6 Gutter $40.00 300 : L.F. $12,000.00 416.00 138.678 $16,640.00 $16,640.00 $0.00
13 Wheelchair Ramp $1,600.00 1 EACH $1,600.00 1.00 100.008 $1,600.00 $1,600.00 $0.00
14 Adjust Manholes $300.00 28 EACH $8,400.00 28.00 100.008 $8,400.00 $8,400.00 $0.00
15 Adjust Valves, Lampholes, etc. $200.00 61 EACH $12,200.00 66.00 108.208 $13,200.00 $13,200.00 $0.00
16 Traffic Signal Detector Loops $350.00 : 8 EACH $2,800.00 25.00 312.508 $8,750.00 $8,750.00 $0.00
17 Typ "A" & "AY" (Pavement Markers) $3.00 238 EACH $714.00 238.00 100.008 $714.00 $714.00 $0.00
18 Type "D" 6 Blue (Pavement Markers) $5.00 65 EACH $325.00 65.00 100.008 $325.00 $325.00 $0.00
19 4" Solid Line -- Paint $1.00 714 L.F. $714.00 714.00 100.008 $714.00 $714.00 $0.00
20 6" Solid Line -- Paint $0.50 875 : L.F. $437.50 875.00 100.008 $437.50 $437.50 $0.00
21 8" Solid Line -- Paint $1.00 56 L.F. $56.00 56.00 100.008 $56.00 $56.00 $0.00
22 12" Solid Line -- Paint $2.00 2,046 : L.F. $4,092.00 2,046.00 100.008 $4,092.00 $4,092.00 $0.00
23 Parking Tees $6.00 35 EACH $210.00 35.00 100.008 $210.00 $210.00 $0.00
24 Legends 6 Arrows -- Paint $2.50 807 : S.F. $2,017.50 807.00 100.008 $2,017.50 $2,017.50 $0.00
25 Handicap Legends $65.00 5 EACH $325.00 5.00 100.008 $325.00 $325.00 $0.00
• STREET RESURFACING TOTAL $883,424.45 '
B). SCHEDULE B PARK DEPARTMENT CORP. YARD RESURFACING
26 AC "Digout" Base Repair $80.00 250 : TONS $20,000.00 0.00 0.008 $0.00 $0.00 $0.00
27 AC Overlay $50.00 190 : TONS $9,500.00 407.28 214.368 $20,364.00 $20,364.00 $0.00
28 Pavement Cold Plane $1.65 280 S.Y. $462.00 280.00 100.008 $462.00 $462.00 $0.00
29 8" Concrete Pad w/ Gutter $10.00 500 : S.F. $5,000.00 355.50 71.108 $3,555.00 $3,555.00 $0.00
STREET RESURFACING TOTAL $34,962.00-
ORIGINAL.BID $918,386.45 $1,042,262.33 $1,042,262.33 $0.00
CHANGE ORDERS: '
CO 1 Add Additional Streets Payment Distributed Among V items $63,320.00
CO 2 Extra Work Mahler $120,563.08 $120,563.08 $120,563.08 $0.00
CHANGE ORDERS 883.08 0.008 $120,563.08 $120,563.08 $0.00
+««++ + ++*+kaa•k*•a•*kora++++*a+kkk++a«+4}a}}a+a••***•a} + ++++##+a«4«aaa+• **••*•«a++a+* *k++*+4 :t+++aa•***aa}ate+ ++#++aaakk•••• k+aa•a*•*raa+ as*k##44«a4a++k ar**r *k4kaaaaaaaa}*k + ka**ak*aia4*****
DATE +++#*a*k*k}} ; ••**kak+*a+ ; ,
PREPARED BY: January-24-05SUBTOTAL * ****** * $1,102,269.53 ++aak*kk#*« aaa*k*ka*+a ; $1,162,825.41 $1,162,825.41 $0.00
LESS TEN PERCENT RETENTION ""*****" *********** : $0.00 ($116,282.54) $116,282.54
CHECKED BY: #*•*k44++}}k* ****** « 4+*k**k*}}++•*•*** ; a+a}*k+++++44 ; *a+•kkk}}•}• ; _______________ _______________ ________________
APPROVED BY SUBTOTAL WITHOUT DEDUCTIONS *******"" * $1,162,825.41 $1,046,542.87 $116,282.54
CITY ENGINEER• AMOUNT DUE FROM CONTRACTOR *****`*"** *** : ($4,900.00) ($4,900.00) $0.00
APPROVED BY a*•aak*•••••* *4aa*aa *•••aaak••:••*}}}a ; +*++#4a4}aaa* ; *•aa}aaa•:•• ; _______________ ________________
CONSULTANT: TOTAL THIS PERIOD as}aa•••:}}*kk•k++ ; +++aa}*k+•+ a••••••:a+* ; $1,157,925.41 $1,041,642.87 $116,282.54
*NOTE: The retention has been kept in Comerica Bank as an escrow account.
necra+v rvno�ccrs,aa�„aoa"c rnv.,E"r,ac"..�+�a.w""emi�m,is�ee-r.v,�"..a.m�,<�
BURLINGAME PUBLIC LIBRARY
Burlingame Public Library
Board of Trustees
Minutes
November 16, 2004
I. Call to Order
President Herman called the meeting to order at 4:45pm.
IL Roll Call -
Trustees Present: David Carr, Mary Herman, and Pat Toft
Trustees Absent: Katie McCormack and Carol Rossi
Staff Present: Al Escoffier, City Librarian
Sidney Poland, Recorder
III. Warrants and Special Funds
The Trustees unanimously agreed to approve the warrants. M/S/C
(Toft/Carr)
IV. Minutes
The Trustees unanimously approved the minutes of the October
19, 2004 meeting. M/S/C (Toft/Carr)
V. Correspondence and Attachments
Correspondence and Attachments were duly noted but did not
require discussion. -
VI. From the Floor None
VII. Reports
A. City Librarian's Report - Highlights of Report
Circulation Easton and Main - 5,000 items circulated at Easton
in October; circulation at the Main library has increased 19% over
October 2003 figures. Registration figures are also on the rise.
The number of registered borrowers,including both Hillsborough
and Burlingame, is 28,831. This figures is higher than local or
national averages for public library use.
B. Foundation Report
1. Financial Developments - President Dunbar
announced, at the November meeting, that the Foundation was the
recipient of a $25,0000 anonymous donation.
2. , Book Sale - The book sale grossed approximately
$2,000. Co-Chairs Stephen Hamilton and Jim Cannon were
pleased with the support they received from the volunteers.
480 Primrose Road•Burlingame•CA 94010-4083
Phone (650) 558-7474'Fax(650) 342-6295
3. Wish List-The Foundation has asked for a"Wish
List"of items that the Library staff would like the Foundation to
fund. Items to be included are upgrades for noise control on the
main level,upholstering the chairs in the Conference Room,and
upgrading the projector and audio equipment in the Lane Room.
4. Membership Proposal-Scott Nedwick,of the
Development Committee,is working on a business plan that will
have the potential to create a membership base. Trustee Carr
recommended that the guidelines for non-profit organizations be
reviewed to determine what criteria,if any,exists with regard to
the required percentage of non-member donations. It is often the
case that the membership cannot be the main funding source.
C. Public Art Committee Task Force-Pat Toft
Trustee Toft reviewed the final draft of the"Art in Public Places
Policy". The policy will be presented to the City Council for
approval on December 6,2004.
VIII. Unfinished Business
A. Employee Appreciation Dinner,December Sth-Rossi
All arrangements for the event are in place. This year all
employees will receive a gift in recognition of their hard work and
continued commitment to the Library.
IX. New Business
A. Cancellation of December 21,2004 Meeting-The
Trustees unanimously passed a motion to cancel their December
21, 2004 meeting due to lack of official business. M/S/C
(Carr/Toft)
B. Date Change for January Meeting-The Trustees
unanimously passed a motion to change the January 2005
meeting date to January 11,2005. M/S/C (Carr/Toft)
C. Fiscal Statement Review-The Trustees unanimously
agreed to accept the review of the fiscal statements which include
the Duncan Quarterly Report,Trustees Special Fund Balance,and
the Revolving Fund Balance Report. M/S/C(Toft/Carr)
X. Announcements
XI. Adjournment-The meeting was adjourned at 5:30PM. M/S/C
(Carr/Toft)The next meeting of the Library Board of Trustees will
be held January 11, 2005 in the Library Conference Room.
Alf�r,'REN
ubmitted,
ler
City Librarian
Library Board of Trustee Minutes 2
November 16,2004
-erklcou me
BURLINGAME BEAUTIFICATION COMMISSION
January 6, 2005
The regularly scheduled meeting of the Beautification Commission was called to order at 5:30 p.m. by
Chairperson Hesselgren.
ROLL CALL
Present: Chairperson Hesselgren, Grandcolas, Lauder, McQuaide, O'Connor, and Webb
Absent: Commissioner Carney
Staff: Parks & Recreation Director Schwartz, Parks Superintendent Richmond, Arborist Porter,
Secretary Harvey
Guests: 3 Students from Burlingame High School
MINUTES
The minutes of the December 2, 2004 Beautification Commission meeting were approved as submitted.
CORRESPONDENCE
Letter to Mr. Balagopal, 1815 Montecito Way, thanking for his attendance at the December 2nd Commission
meeting and providing a petition from his neighbors who share his interests with regard to instituting a View
Ordinance/Policy in the City of Burlingame.
Letter to Vince Falzon, Assistant Superintendent ofPublic Works, informing him that the appeal ofthe denial
for the removal of the large Eucalyptus tree at 1800 Easton Drive (Easton Branch Library), will be reviewed
and considered at the February 3, 2005 Commission meeting and that, property owners have been notified
and anyone wishing to address the Commission may do so at the appropriate time.
Email from Sam and Susie Dillon Lahey, (1719 Easton Drive) thankful that the request for the removal of
the Eucalyptus tree at 1800 Easton Drive had been denied and requesting to know if there is anything thing
she can do.
Response to the email from Sam and Susie Dillon Lahey, informing them of the opportunity to speak to the
Commission regarding the appeal to the denial of the removal of a Eucalyptus tree at 1800 Easton Drive.
FROM THE FLOOR -
There were no comments from the floor.
OLD BUSINESS
Tree View Ordinance - Committee Report - Commissioner Grandcolas stated of all the other ordinances
studied, the committee believed using the City of Belmont's View policy might to be the policy to use as a
model because the City of Belmont has a similar physical topology and bay vista as Burlingame. He added
that the policy is a guideline and not a law and would serve is a good mechanism for resolving disputes
between property owners. Commissioner Grandcolas stated that the Committee felt a good first step might
be to initially begin with establishing a "policy", that could more easily be revised if necessary, and then later
the policy could be adopted as an ordinance. Commissioner Grandcolas then summarized the "good points"
and the "bad points" of the Belmont view policy and how the policy might be changed to apply to
Burlingame.
The Commission reviewed the information presented and discussed the option of establishing a policy.
Superintendent Richmond stated that the City Attorney indicated that there is no consistency regarding
definitions of views. Director Schwartz suggested that the Commission determine the concept and then a
draft could be developed at the next Commission meeting.
1
OLD BUSINESS - Tree View Ordinance- Committee Report - (Contd.)
Commissioner Grandcolas stated that the policy would need some fine tuning before making the final draft.
Commissioner McQuaide noted that the research she conducted on different City ordinances and/or policies
revealed that mediation became a very difficult process. She will provide that information to the Commission.
After further discussion, the Commission agreed to continue item to the February meeting to consider: 1)
the pros and cons of establishing a view ordinance/policy for the City, 2)the definition of"view", and 3)how
a policy might fit with existing tree ordinances in the City. Item will be continued to the February
Commission meeting.
OLD BUSINESS- Street Tree Removal Policy- Superintendent Richmond summarized that the Council
requested the Commission to make determination when it might be appropriate for property owners to
remove City trees at their cost, due to sidewalk or other tree related damage. At the December meeting the
Commission tabled the item to the January meeting.
Chairperson Hesselgren stated that the 3 samples submitted at the November Commission meeting will be
used to determine criteria and values to help establish a consistent process for granting removals of City trees.
Director Schwartz and the Commission discussed and reviewed the suggested criteria and values. Director
Schwartz stated he would develop the criteria discussed and would present a draft of the Criteria for City
Street Tree Removal, to the Commission, for any changes before making recommendation to the City
Council.
Arbor Day Ceremonies-Monday,March 7,2005- Superintendent Richmond stated that Arbor Day will
be held at Bayside Park and Redwood trees will be planted to replace Monterey Pines that will need to be
removed in the near future. The Department of Forestry, representatives from the local elementary schools,
the City Council, and the public will be invited to attend the ceremonies.
Additional Specie Selections to the Official Street Tree List- Superintendent Richmond suggested that
that staff first check with the local nurseries for availability of the Elms on the list. Those that are available
could be placed on the Official Street Tree Lists if the Commission approves. The Commission agreed that
process would be the best approach.
NEW BUSINESS -
Commissioners Dinner will be Friday, February 4t'and will be held at the Doubletree Hotel in Burlingame.
REPORTS - Superintendent Richmond -
1. The Tree Crew is currently pruning sycamore trees in the southeast area of City.
2. Division crews re sodded heavily worn areas on the Soccer Center field.
3. Steve Porter and Henry Barone have retired. Steve is continuing on in a part time capacity,
working for Parks, Planning, and Building.
4. The next tree planting will be in April;the deadline for receiving tree selections is February
15.
5. Contract tree pruning is occurring on the Eucs in Ray Park; the contractor also removed
several pines at Bayside Park. Those trees are being replaced with Redwoods.
2
REPORTS -(Contd.) -
Superintendent Richmond
6. Public Works requested removal of the large Eucalyptus on the NW corner of Easton and
Cabrillo. The request was denied by Director Schwartz based on the health of the tree,
which was confirmed by an independent arborist. The matter will be brought before the
Commission at the February meeting. The material will be in your packet. You may wish
to view the tree in advance of the meeting.
7. The California Conservation Corps completed trail repairs to the Mills Canyon Trail. The
CCC supervisor was able to obtain grant money to double the amount budgeted by
Parks.
8. A liquidambar on Concord was removed due to a water line break. A liquidambar on Park
at Maple will be removed due to structural and decay issues.
9. The storms since Christmas have not resulted in major tree damage.
10. Parks crew received its required annual pesticide training on this morning.
11. Council approved a fee increase for private tree removal applications, from $25 to $50.
Lauder - Commissioner Lauder commented that the flowers in the Burlingame Avenue planters are filling
in and are looking very nice.
There being no further business the meeting was adjourned at 7:07 pm.
Respectfully submitted,
Karlene Harvey
Recording Secretary
3
The City of Burlingame
CITY HALL-501 PRIMROSE ROAD
CALIFORNIA 94010-3997
www.burlingame.org
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday - January 13, 2005
Commissioners Present: Russ Cohen, Chair
Stephen Warden, Vice Chair
Eugene Condon
Dan Conway
Victor James
Commissioners Absent: None
Staff Present: Augustine Chou, Traffic Engineer,Public Works
Sergeant Shepley,Police Department
Lori Brock, Secretary,Public Works
Staff Absent: None
Visitors: Ray Chang, 1114 Eastmoore Road, Burlingame
Norel Regnier, Our Lady of Angels Parish Administrator, 1721 Hillside Dr.
t
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 13, 2004
1 . CALL TO ORDER
7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. INTRODUCTION OF NEW STAFF
Chair Cohen and the Commission welcomed Commission Secretary, Lori Brock and Traffic Sergeant,
Don Shepley
4. ROLL CALL
5 of 5 Commissioners present.
5. CURRENT BUSINESS
5. 1 ACTION ITEMS
5. 1 . 1 Approval of Minutes
�.. The November 10, 2004 minutes were approved unanimously by the Commission.
Motion: To approve Traffic Safety and Parking Commission Minutes for 11/10/04.
M/S/C: Warden, Condon, 5/0/0
5.2 DISCUSSION ITEMS
5.2. 1 Evaluate limited-time parking at 818-826 Mahler Road.
Mr. Chou explained that Commissioner James was working on the matter and would have
more information to report at the next meeting.
6. ACKNOWLEDGMENT OF NEW ITEMS
6. 1 Green zone (24-minute parking) on Eastmoor Road, at Village Park.
Mr. Chou explained that this item pertains to the installation of a 24-minute green zone in front
of Village Park. He stated that the request stemmed from public complaints to the Parks and
Recreation Department regarding more parking spaces along Eastmoor Road.
Resident Ray Chang of 1114 Eastmoor Road was present and said that he didn't have a problem
with the 24-minute parking zone, but he was concerned that emergency vehicles would have
The City of Burlingame Page 2
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 13, 2004
difficulties if parking is allowed on both sides of the narrow street. He also said that if parking
were allowed, visibility would be limited should a child run into the street.
7. FROM THE FLOOR
None.
8. INFORMATION ITEMS
8. 1 Bicycle Safety Issues in Burlingame
8. 1 . 1 Funding application for Transportation Development Act (TDA) Article 3 Projects.
Mr. Chou reported that the TDA applications were submitted to C/CAG on December 10,
2004. Chair Cohen questioned if the City should have representation during the
presentation phase. Mr. Chou acknowledged that he is planning to make the presentation
for the City's projects. He added that the winning project list would be approved by
C/CAG in April. Mr. Chou was commended for excellence in his thoroughness of the
completed applications.
`.- 8.2 From Staff to Commission
8.2. 1 Traffic Engineer's Report
Chip Seal Resurfacing Program - Mr. Chou stated that at the previous meeting he reported
that the Skyline Boulevard area resurfacing was postponed due to weather and contractor
problems. Since then, the project has been terminated. He reported that this was due to
problems regarding the type of oil used for the final coat of chip seal resurfacing.
8.2.2 Traffic Sergeant's Report
None.
8.3 From Commission to Staff
8.3. 1 Reports of citizen complaints or requests.
Commissioner Condon reported that the City would receive a letter from the Principal of
Lincoln School regarding crosswalks.
Chair Cohen reported that on southbound Rollins Road at Broadway, the roadway arrow
configurations need repainting. He stated that the last set of arrows in the center
�-' southbound lane only shows a left-turn arrow, while the others show a combined left-turn
The City of Burlingame Page 3
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 13, 2004
and through arrow. Chair Cohen recommended remedying the situation by adding a new
through arrow to the last left-turn arrow. Mr. Chou agreed to look into this issue and have
it fixed.
8.3.2 Comments and Communication
Chair Cohen reflected back to a forum he attended recently, which was sponsored by the
City of Redwood City at the Little Fox Theater. The forum was related to Traffic Calming.
Chair Cohen added that the next forum meeting, which will be held on the second
Wednesday (6:30 PM) of the following month, will look at high-density development. He
encouraged anyone with interest to attend.
Commissioner Warden spoke regarding an article in the paper reporting residents paying
for speed bumps in an unincorporated area of the county. He added that the City might
have to prepare to similar proposals in Burlingame.
Commissioner Condon reported recent publicity regarding car racing. Sargeant Shepley
reported a "sting" operation was in affect, but no arrests were made. He stated that drivers
have probably moved on.
�.- Commissioner Warden reported that the Mayor and Vice Mayor will be holding meetings
every three to four months with each commission chair to address the overlap of issues
between commissions. He added that the City Council will be meeting with each
commission once a year, and the TSPC is scheduled to meet with the Council on October
13, 2005 at 6:00 PM in City Hall.
Chair Cohen suggest working with other Commissions and Boards such as the
Beautification Committee, to provide a different perspective to tree removal and the
associated consequences. When funding becomes available, it was suggested that the City
invites a speaker on the subject similar to what the City of Redwood City did to show how
examples of each traffic calming program might work.
8.3.3 Next Meeting: February 10, 2005. No expected absences.
9. INACTIVE ITEMS
9. 1 Occidental Avenue - Temporary removal of 2-hour parking restrictions and monitored.
Mr. Chou reported that there was no additional news to report at this time. Chair Cohen agreed
and provided the newer Commissioners with a brief history of the request.
9.2 Cortez Avenue - Our Lady of Angels traffic and parking situation.
Norel Ragnier, Parish Administrator for our Lady of Angels Church was present to speak. She
The City of Burlingame Page 4
TRAFFIC, SAFETY AND PARKING COMMISSION
Meeting Minutes - Unapproved
Thursday, January 13 , 2004
stated that the school has re-routed traffic to ease congestion. She added that traffic flows better
and neighborhood complaints are down. Commissioner Condon expressed concern to Ms.
Regnier that the Commission received zero feedback from the school administration after
numerous requests for a traffic plan and follow-up report.
Commissioner Condon asked Ms. Regnier to relay a request to OLA principal Carol Bender to
attend the next meeting in February to discuss the latest traffic changes. Ms. Regnier said that she
would extend the invitation, but that she was not Ms. Bender's supervisor. Ms. Regnier also
requested a copy of the letter that would be sent to the school principal as backup material which
she will then forward to the Pastor of Our Lady of Angels. Mr. Chou stated that a formal letter
would be sent to the Church, requesting information on the traffic situation from the perspective
of the church and school.
10. AGENDIZE FOR THE NEXT MEETING.
Occidental Avenue (Item 9. 1) continues as Inactive Item.
Cortez/OLA (Item 9.2) continues as Discussion Item.
Mahler Road (Item5.2. 1) as Discussion Item.
Greenzone at Village Park (Item 6. 1) agendize as Discussion Item.
Lincoln School crosswalks agendize as Discussion Item.
11 . ELECTION OF NEW CHAIR AND VICE CHAIR
Chair Cohen gave a closing speech to thank the various people and opened the floor to nominations.
Commissioner Warden was elected as Chair, and Commissioner Condon as Vice Chair for the 2005
term
12 ADJOURNMENT
7:55 p.m.
SAA Public Works Directory\TSP Commission\Minutes\2005 Minutes\Minutes for 1.13.05 Rev.wpd
The City of Burlingame Page 5
C4-4. 0trkAo sn,, 1
MEETING MINUTES
Regular Meeting of the Burlingame Parks & Recreation Commission
Thursday, January 20, 2005
The regular meeting of the Burlingame Parks & Recreation Commission was called to order by
Chairman Larios at 7: 12 pm at Burlingame City Hall, 501 Primrose Road.
ROLL CALL
Commissioners Present: Dittman, Heathcote, Larios, Lawson, Muller
Commissioners Absent: Erickson, Kahn
Staff Present: Parks & Recreation Director Schwartz
Others Present: Cynthia Schreurs, Burlingame
MINUTES
The minutes of the December 16, 2004 Commission meeting were approved as submitted.
PUBLIC COMMENTS - None
OLD BUSINESS
A. Meeting Space for Friends of Mills Canyon — After a brief discussion, Staff will
confirm the offer made in December by the representatives from the Youth
Advisory Committee to subsidize the Friends of Mills Canyon's rental fees for
meeting space at the Recreation Center.
B. Pershing Park Playground Rehabilitation — Staff informed the commissioners that
the playground equipment has been shipped to Burlingame and the construction
documents are ready to go out to bid. The project is still on schedule for a spring
construction period of six to eight weeks.
C. Bayside Park Improvements — Staff reported that City staff has met with the
restroom and snack shack project architects to discuss the size, scope and
projected costs. Concerns related to the closed landfill site are being discussed
with County officials.
NEW BUSINESS — None
Parks&Recreation Commission Minutes
January 20,2005—page 2
REPORTS
A. In addition to the attached monthly report on Parks & Recreation activities, staff
reported on the following items:
1. This is Commissioner Kahn's last meeting with the Commission as she
and her husband, Phil, are moving to the Sonoma area. The City Council
has appointed Cynthia Schreurs to fill Kahn's seat, effective February 1,
2005, for the remainder of the term.
2. The annual City Commissioner's Dinner will be held on February 4th
3. San Mateo County officials sent invitations to Council members, Parks &
Recreation Commissioners and Parks Directors within the County to
attend a meeting on Thursday, January 27th from 11:30 to 1:30pm at the
Burlingame Recreation Center. The intent of the meeting is to discuss a
proposal to form a JPA of the Parks entities within the County.
Commissioners Dittman, Heathcote and Larios agreed to represent the
Commission at the meeting.
4. Recreation registration is underway for the spring 2005 session and staff
anticipates accepting internet registrations within the next month.
5. The release of hydrochloric acid earlier this month in the Parks Yard.
B. Commissioner Muller asked why the new pavement in front of City Hall was not
extended to cover the aggregate pathways which get slippery in the wet weather.
Staff responded that this was a budget decision.
NEXT MEETING
The next meeting of the Parks & Recreation Commission will be held on Thursday, February 17,
2005 at 7:00 p.m. at Burlingame City Hall.
There being no further business to come before the Commission, the meeting was adjourned at
7:42pm.
Respectfully submitted,
Randy Schwartz
Director of Parks & Recreation
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010
B�R��NGaME phone: (650) 558-7300 - fax: (650) 696-7216
recreationgburlingame.org o ��
�"97"are to Lirw°�
Date: January 18, 2005
To: Parks &Recreation Commissioners
City Council
From: Randy Schwartz
Re: Monthly Report
Parks Division
1. Tree Crew working on Oak Grove section
2. City Hall landscape renovation
3. The California Conservation Corps completed trail repairs to the Mills Canyon Trail.
The CCC supervisor was able to obtain grant money to double the amount budgeted
by Parks.
4. Storm damage to trees and landscaped areas has been minimal so far this winter
5. Parks Division employees received their required annual pesticide application
training
6. The Parks Division successfully completed it annual County pesticide use audit
Recreation Division
1. Registration underway for Spring 2005 recreation activities
2. Teen trips to Warriors game& skiing
3. YAC All-City Dance for 7d'& 8d'graders on January 14
4. YAC working w/OLA on special monthly projects, including Christmas in April and
serving food at St. Anthony's
5. YAC Attack will be held in San Jose in early March
6. Teen activities include Open Gym& afterschool enrichment
7. 4d'to 8d'grade basketball off to a good start; 4d'& 5`"grade league has 42 teams
(including Hillsborough)
8. Senior trip to Beach Blanket Babylon was full
9. New Preschool classes for 2-year olds will begin at the Recreation Center
10. Preschool walking field trip to Lunardi's
Upcoming Events
1. Tax Assistance program, sponsored by AARP—Feb to April
2. Bridge Tournament—April 18th
3. Community Golf Tournament—May 23rd
4. Art in the Park—June 11 & 12
CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES
501 Primrose Road, Burlingame, CA
January 24, 2005
Council Chambers
I. CALL TO ORDER Chair Osterling called the January 24,2005,regular meeting of the Planning
Commission to order at 7:02 p.m.
II. ROLL CALL Present: Commissioners Auran,Bojues,Brownrigg,Keighran,Osterling and
Vistica
Absent: Commissioners: None
Staff Present: City Planner, Margaret Monroe; Zoning Technician, Erica
Strohmeier;City Attorney,Larry Anderson;Senior Engineer;Phil Monaghan
III. MINUTES The minutes of the January 10, 2005 regular meeting of the Planning
Commission were approved as mailed.
IV. APPROVAL OF AGENDA There were no changes to the agenda.
V. FROM THE FLOOR There were no public comments. CP Monroe introduced staff member Erica
Strohmeier, Zoning Technician, who will be in the staff rotation covering
Planning Commission meetings from now on. She also noted that there was
a sign up sheet for those who may be observing tonight's meeting as a part of
applying for the Planning Commission. In addition there is a packet in a
binder for candidates to use to follow along with the meeting.
VI. STUDY ITEMS
1. 821 COWAN ROAD,ZONED O-M—APPLICATION FOR MITIGATED NEGATIVE DECLARATION,
SIDE SETBACK AND PARKING VARIANCES,AND CONDITIONAL USE PERMITS FOR A FIRST
FLOOR REMODEL AND SECOND FLOOR ADDITION TO AN EXISTING OFFICE/WAREHOUSE
BUILDING (GREG WARD, ONESTOP DESIGN, INC., APPLICANT AND DESIGNER;
KONSTANTINOS DOKOS, PROPERTY OWNER)PROJECT PLANNER: RUBEN HURIN
CP Monroe presented a summary of the staff report. Commissioners asked:
• Can the disabled accessible parking spaces share the"dismount"area or does each space require a 5 foot
loading area?
• Restudy the notion of two driveways with one-way access and egress; can an 18 foot driveway be
provided the length of the site for two way access so that the parking can be better laid out and the
parking variance eliminated;need to make the access to the parking work can it be done with expansion
of the joint access easement?
• Can two parking spaces be added on site to eliminate the parking variance?
• Does the newly adopted specific plan have a different on-site parking requirement for this use?
• On building design: the detail on the two towers is not consistent, they should match, prefer the
�-- northeast and north-west faces to the others because they are better articulated, should be addressed;
• Provide rational for the side setback variance,and the conditional use permits for first floor remodel and
second floor addition to an existing warehouse/office building,applicant did not provide with submittal;
City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
• How much landscaping would be lost inorder to reduce the number of compact parking spaces and
reduce or eliminate the variance request;
• Revise the articulation at the corners of the structure to reduce or eliminate the side setback variance,do
something different from what is shown;
• At the front of the building on Cowan,add arches,articulation and window detail to increase the human
scale and create a base piece for the building;
• There is no clear way to access the front of the building from the disabled accessible parking spaces at
the rear, is there a building code requirement which has not been met?
• Traffic Engineer should comment on any changes to parking proposed.
Commissioners commented: Feel that the direction given regarding parking may seem contradictory,
applicant needs to study and present the alternatives,including the impact on landscaping;it was noted that
this use is a great idea and consistent with the newly adopted Bayfront plan; discussed putting disabled
parking on the public street,staff noted that the requirement is that disable accessible parking be on the site it
serves; parking allocation needs to be considered in the light of whether all the employees will ever be there
at the same time;not encouraging building to be reduced to meet on-site parking,but they are intensifying
the use significantly without adding any parking, like to see parking provided to code since they are
increasing the use;support adding landscaping within parking areas as promoted in the specific plan as long
as it does not unduly restrict parking and access.
Chair Osterling moved to set this item on the action calendar when the long list of questions have been
answered,the Planning Department has had time to review the responses, and there is space on an agenda.
The motion was seconded by C. Keighran. Motion was approved on a 6-0 voice vote. This action is not
appealable. This item concluded at 7:25 p.m.
VII. ACTION ITEMS
Consent Calendar-Items on the consent calendar are considered to be routine. They are acted on simultaneously unless
separate discussion andlor action is requested by the applicant,a member of the public or a commissionerprior to the time the
commission votes on the motion to adopt.
2A. 1600 WILLOW AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMITS FOR A BASEMENT AND FOR BUILDING HEIGHT FOR A FIRST AND SECOND STORY
ADDITION AND NEW BASEMENT (JIM KEIGHRAN, APPLICANT AND PROPERTY OWNER;
JERRY DEAL, JD & ASSOCIATES, DESIGNER) (104 NOTICED) PROJECT PLANNER: ERICA
STROHMEIER
2B. 2101 ADELINE DRIVE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW FOR A FIRST AND
SECOND STORY ADDITION(MATTHEW MEFFORD,WINGES ARCHITECTS,APPLICANT AND
ARCHITECT; DEAN AND URSULA WILLIAMS,PROPERTY OWNERS)(65 NOTICED)PROJECT
PLANNER: ERICA STROHMEIER
2D. 1812 C MAGNOLIA AVENUE,ZONED C-1 —APPLICATION FOR CONDITIONAL USE PERMIT
FOR ART CLASSES (NANCY CALL TORRES, APPLICANT; WJ BRITTON, INC. PROPERTY
OWNER) (10 NOTICED) PROJECT PLANNER: CATHERINE BARBER
C. Keighran noted that she would abstain from voting on items 2a, 1600 Willow Avenue because the
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City of Burlingame Planning Commission Unapproved Minutes January 24,2005
applicant is a relative and 2b, 2101 Adeline Drive, because she lives within 500 feet. C. Brownrigg noted
that he would abstain from voting on item 2b, 2101 Adeline Drive,because he lives within 500 feet.
Chair Osterling asked if anyone in the audience or on the Commission wished to call any item off the
consent calendar.Annette Doherty,property owner of item 2c, 1613 Mc Donald Way,asked that her project
be removed so that she could discuss one of the conditions with the commission.
Chair Osterling set item 2c, 1613 McDonald Way, as the first action item on the regular action calendar.
C. Boju6s moved to approve items 2a, 1600 Willow Avenue, 2b, 2101 Adeline Drive and 2d,1812 C
Magnolia Avenue. The motion was seconded by C. Vistica.
Chair Osterling called for a voice vote on the motion. Items 2a, 1600 Willow Avenue and 2b,2101 Adeline
Drive passed on a 4-0-2 (Cers Brownrigg and Keighran abstaining) voice vote; and item 2d, 1812 C
Magnolia Avenue passed on a 6-0 voice vote. Appeal procedures were advised. This item concluded at 7:30
p.m.
VIII. REGULAR ACTION ITEM
2C. 1613 MCDONALD WAY, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SIDE
SETBACK VARIANCE FOR A FIRST AND SECOND STORY ADDITION (ALFREDO REYES,
STEWART ASSOCIATES,APPLICANT AND ARCHITECT;PATRICK AND ANNETTE DOHERTY,
PROPERTY OWNERS) (72 NOTICED)PROJECT PLANNER: ERICA STROHMEIER
CP Monroe presented the staff report including the 10 conditions of approval proposed. Ten conditions were
suggested for consideration. Commissioners had no questions of staff.
Chair Osterling opened the public hearing. Annette Doherty,property owner,noted that she has spent the
last two weeks researching windows, and would request that the requirement for true divided lights in
condition one be changed to "simulated divided light windows with permanently fixed,three dimensional
grids permanently attached on the inside(wood) and out side (simulated material)". She noted that these
windows are a single plate of glass in a wooden frame with a three dimensional, divided light like grid
attached on the inside and outside. These simulated paned windows are substantially cheaper and have a
much reduced chance that the seals on the glass will fail. Commissioner asked if these windows had the
divided lights placed between the two pieces of glass? No,the grid is on the outside of the glass on both the
inside and outside, the grid is fixed and cannot be removed. The difference in price is substantial, true
divided light windows for this project would range from$73,000 to$89,000 and the simulated divided lights
with exterior fixed grid would range in price from$43,000 to $55,000. Unfortunately her budget will not
allow for true divided lights. There were no more comments from the floor and the public hearing was
closed.
Commission discussion: the "simulated divided lights as described will provide the more traditional look
which the design guidelines promote,they will have depth and will look inside and out like "true divided
lights",individually paned windows. Could staff put some thought into a"term of art"to use in the future so
that simulated divided light windows as described can be included when true divided light windows are
proposed, directed and/or required.
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
C.Bc ju6s moved to approve the project with an amendment to condition one which would require simulated
divided light windows with permanently fixed,three dimensional grids permanently attached on the inside
(wood) and out side (simulated material) of each window in the pattern shown on the plans with the
following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning
Department date stamped January 12,2005,sheets A1,A3 and A5 and date stamped December 15, sheets
A2,A4,A6-A7 and boundary and topographic survey and that all windows shall be simulated divided light
windows with permanently fixed,three dimensional grids permanently attached on the inside(wood)and out
side(simulated material) of each window in the pattern as shown on the plans and that any changes to the
footprint or floor area of the building shall require an amendment to this permit; 2)that any changes to the
size or envelope of the first or second floors,which would include adding or enlarging a dormer(s),moving
or changing windows and architectural features or changing the roof height or pitch, shall be subject to
design review; 3) that prior to scheduling the framing inspection, the project architect, engineer or other
licensed professional shall provide architectural certification that the architectural details such as window
locations and bays are built as shown on the approved plans;if there is no licensed professional involved in
the project, the property owner or contractor shall provide the certification under penalty of perjury.
Certifications shall be submitted to the Building Department; 4) that prior to final inspection, Planning
Department staff will inspect and note compliance of the architectural details(trim materials,window type,
etc.)to verify that the project has been built according to the approved Planning and Building plans; 5)that
all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and
installed on the portions of the roof not visible from the street; and that these venting details shall be
included and approved in the construction plans before a Building permit is issued; 6) that prior to
scheduling the roof deck inspection,a licensed surveyor shall shoot the height of the roof ridge and provide
certification of that height to the Building Department;7)that the conditions of the Chief Building Official's
November 11,2004 memo,the City Engineer's,Recycling Specialist's and Fire Marshal's December 6,2004
memos and the NPDES Coordinator's December 8, 2004 memo shall be met; 8) that the project shall
comply with the Construction and Demolition Debris Recycling Ordinance which requires affected
demolition,new construction and alteration projects to submit a Waste Reduction Plan and meet recycling
requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition
permit; 9) that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance; and 10)that the project shall meet all the requirements of
the California Building Code and California Fire Code,2001 edition,as amended by the City of Burlingame.
The motion was seconded by C. Keighran.
Chair Osterling called for a voice vote on the motion to approve the project with the amended condition
regarding simulated divided light windows with three dimensional grids on the inside and out. The motion
passed on a 6-0 voice vote. Appeal procedures were advised. This item concluded at 7:38 p.m.
3. 2112 EASTON DRIVE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW FOR A NEW,TWO-
STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE(DALE MEYER ASSOCIATES,
APPLICANT AND ARCHITECT; ORLANDO AND MINERVA BUENA,PROPERTY OWNERS)(51
NOTICED)PROJECT PLANNER: ERICA STROHMEIER
C.Auran stated that he would abstain from participating in this item because he lives within 500 feet of the
subject property. He stepped down from the dais and left the chambers.
Reference staff report January 24,2005,with attachments. ZT Strohmeier presented the report,reviewed the
criteria for evaluating action and staff comments. Nineteen conditions were suggested for consideration.
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
Chair Osterling opened the public hearing. Dale Meyer,applicant and designer,spoke in favor of the project
and thanked staff for all their help. Applicant stated that the setbacks on both sides of the house are greater
than the requirement; the house was moved forward to create a larger backyard; the house was reduced in
size to decrease the lot coverage and floor area ratio calculations; double French doors were placed at the
back of the nook in replacement of the side door by the driveway. Commission asked why was the first floor
plate height not changed? The homeowner felt that the increased plate height made the rooms look larger
and the proposed plate height is 1.5 feet below maximum allowed. Commission questioned the material and
detail of the window trim. It's proposed as 4" trim board with stucco over it. Commission asked will
windows be true divided light? Windows will be simulated divided light. Other commission comments
included:
• decreased plate height on the second story looks good;
• would prefer wood trim over stucco trim, stucco trim is generally discouraged by the Commission;
• windows on both stories of house should be more consistent which may take a different window
configuration and heavier mullions in the center of the windows; and
• the window trim,sill and dentil packages should be wood pieces,the trim on existing house is what
the design guidelines encourage.
Applicant is ok with changing stucco trim to wood trim and is satisfied with adding heavier vertical mullions
on the center of the windows and creating more consistency in the pattern of all the windows. There were no
further comments and the public hearing was closed.
C.Vistica moved to approve the application,by resolution,with the following conditions: 1)that the project
shall be built as shown on the plans submitted to the Planning Department date stamped January 12,2005,
�- sheets P1 through P4,Ll and Boundary and Topographic Survey; and that all windows shall be simulated
divided light windows with permanently fixed,three dimensional grids attached on the inside(wood) and
outside(simulated material)of each window in the pattern as modified by the Commission in condition 2,
and that any changes to the footprint or floor area of the building shall require and amendment to this permit;
2)that the vertical and horizontal proportion of all window panes shall be consistent throughout the entire
house and all window trims shall be wood without a stucco cover; 3)that all the provisions of the Mayne
Tree Expert Company, Inc. report(dated September 21,2004)concerning the protection of the two Coast
Live Oak trees (both 16" in diameter) in the City easement at the rear of the lot, including the special
provisions for the construction of the detached garage shall be incorporated into the design and plans
submitted to the building department and shall be adhered to during the construction of the garage; 4)that
the two Coast Live Oak trees (both 16" in diameter) in the City easement at the rear of the lot shall be
trimmed prior to demolition of existing detached garage; 5) that construction of the proposed detached
garage in the rear left corner of the lot shall be supervised by a licensed arborist in order to protect the two
Coast Live Oak trees (both 16" in diameter); 6) that any changes to the size or envelope of the first or
second floors, which would include adding or enlarging a dormer(s), moving or changing windows and
architectural features or changing the roof height or pitch,shall be subject to design review; 7)that prior to
scheduling the framing inspection,the project architect,engineer or other licensed professional shall provide
architectural certification that the architectural details such as window locations and bays are built as shown
on the approved plans; if there is no licensed professional involved in the project, the property owner or
contractor shall provide the certification under penalty of perjury; certifications shall be submitted to the
Building Department; 8) that prior to final inspection, Planning Department staff will inspect and note
compliance of the architectural details(trim materials,window type,etc.)to verify that the project has been
built according to the approved Planning and Building plans; all new windows shall be true divided light
wood windows and shall contain a wood stucco-mould trim to match the existing trim as close as possible;
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
9)that all air ducts,plumbing vents,and flues shall be combined,where possible,to a single termination and
installed on the portions of the roof not visible from the street; and that these venting details shall be ^�
included and approved in the construction plans before a Building permit is issued; 10) that prior to
scheduling the roof deck inspection,a licensed surveyor shall shoot the height of the roof ridge and provide
certification of that height to the Building Department; 11) that prior to scheduling the foundation
inspection a licensed surveyor shall locate the property corners and set the building footprint; 12)that prior
to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s)and
the various surveys shall be accepted by the City Engineer; 13) that during demolition of the existing
residence,site preparation and construction of the new residence,the applicant shall use all applicable"best
management practices"as identified in Burlingame's Storm Water Ordinance,to prevent erosion and off-site
sedimentation of storm water runoff; 14)that the project is subject to the state-mandated water conservation
program,and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation
plans at time of permit application; 15) that demolition for removal of the existing structures and any
grading or earth moving on the site shall not occur until a building permit has been issued and such site work
shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 16)
that the conditions of the City Engineer's, Fire Marshal's and Recycling Specialist's December 15, 2003,
memos shall be met; 17) that the project shall comply with the Construction and Demolition Debris
Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit
a Waste Reduction Plan and meet recycling requirements; any partial or full demolition of a structure,
interior or exterior, shall require a demolition permit; 18)that the applicant shall comply with Ordinance
1503,the City of Burlingame Storm Water Management and Discharge Control Ordinance;and 19)that the
project shall meet all the requirements of the California Building Code and California Fire Code, 2001
edition, as amended by the City of Burlingame. The motion was seconded by C. Brownrigg.
Chair Osterling called for a voice vote on the motion to approve. The motion passed on a 5-0-1 (C.Auran
abstaining). Appeal procedures were advised. This item concluded at 7:55 p.m.
C. Auran took his seat on the dias.
4. 1453 BALBOA AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION
(MICHAEL CAFFERKEY,APPLICANT AND PROPERTY OWNER;PETER SANG,ARCHITECT) (63
NOTICED)PROJECT PLANNER: CATHERINE BARBER
Reference staff report January 24, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments. CA Anderson stated that one of the neighbors was concerned with the sewer
lateral, a Public Works Inspector checked it out and with this remodel each house will have its own sewer
lateral. Ten conditions were suggested for consideration.
Chair Osterling opened the public hearing. Michael Cafferkey,applicant and property owner,feels that all
conditions of the Commission and the design review consultant have been met and is happy with the result.
Commission asked the applicant if they feel that they've met all of the design reviewer's final comments
with the shed roof on the living room. Yes, used hipped sides and placed the shed roof because felt it fit
better and addressed neighbors better. Commission asked what kind of glazing will be used on the four
windows on side elevation? Obscure glass will be used in bathroom and stairwell.
Neighbor commented: Dianna Mason, 1451 Balboa, neighbor on left side of house, spoke against the
project. What does it mean that roof pitch was lowered 20"overall? C.Brownrigg explained that the roof
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
was reduced 20" off its highest point. She doesn't see how a 20"reduction to overall height creates any
difference on the living side of her house. If the porch was made deeper is it larger than on original plans?
Are there any openings or windows in the entryway of the porch? A first floor side window right after the
porch will be directly across from a window on her house; feels they are being pushed by the system and
being restricted on the little space that they own; wondering why more consideration isn't given to those
people that are affected by the project;their second story master bedroom will feel to them like living in a
row house because of its proximity to the new addition. Lastly, the neighbor thought there were some
disturbing views expressed by the Commissioners at an earlier time with respect to views and monster
homes in Burlingame. Applicant responded to questions noting that closets on the second floor were pushed
back to allow more light on the neighboring property,that the front porch was stepped back in towards the
house,the front porch was left open to let light in for the neighbor and that the side first floor window right
after the porch will be located directly across from a neighboring window. There were no further comments
and the public hearing was closed.
C. Keighran noted project is a significant improvement from original project;floor area ratio, lot coverage
and height have been decreased; roof was changed to allow more light and openness to the neighbor next
door;this lot and neighbors lot are much narrower and smaller then other lots in Burlingame;proposed style
is craftsman and is nice for Burlingame;windows facing onto each other is a common situation and can be
alleviated with shades or curtains; and moved to approve the application,by resolution,with the following
conditions: 1)that the project shall be built as shown on the plans submitted to the Planning Department
date stamped January 10, 2005, sheets 1 thru 11, and L-1, site plan, floor plans, roof plan, building
elevations and landscape plan; 2)that any changes to the size or envelope of the basement,first or second
floors,which would include adding or enlarging a dormer(s),moving or changing windows and architectural
features or changing the roof height or pitch,shall be subject to design review; 3)that the conditions of the
Chief Building Official, Recycling Specialist, Fire Marshal, and the City Engineers' September 20, 2004
memos shall be met;4)that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste
Reduction Plan and meet recycling requirements; any partial or full demolition of a structure, interior or
exterior, shall require a demolition permit; 5)that prior to scheduling the roof deck inspection, a licensed
surveyor shall shoot the height of the roof ridge and provide certification of that height; 6) that prior to
scheduling the framing inspection,the project architect,engineer or other licensed professional shall provide
architectural certification that the architectural details such as window locations and bays are built as shown
on the approved plans; if there is no licensed professional involved in the project, the property owner or
contractor shall provide the certification under penalty of perjury; 7)that prior to final inspection,Planning
Department staff will inspect and note compliance of the architectural details(trim materials,window type,
etc.)to verify that the project has been built according to the approved Planning and Building plans; 8)that
all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and
installed on the portions of the roof not visible from the street; and that these venting details shall be
included and approved in the construction plans before a Building permit is issued; 9) that the applicant
shall comply with Ordinance 1503,the City of Burlingame Stone Water Management and Discharge Control
Ordinance;and that during demolition of the existing residence,site preparation and construction of the new
residence, the applicant shall use all applicable"best management practices" as identified in Burlingame's
Storm Water Ordinance,to prevent erosion and off-site sedimentation of storm water runoff, and 10)that
the project shall meet all the requirements of the California Building and Fire Codes, 2001 edition, as
amended by the City of Burlingame. The motion was seconded by C. Bojues.
Comment on Motion: regarding comments from Commission about views and monster houses cannot
imagine any of the Commissioners being so passe concerning development and the design guidelines;
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
commission has tried best to mitigate effects on neighbors with regards to roof pitch,windows and more;
feel the project is a well improvement and is a testimony to how great the design review process works;this
area has restrictions because of the narrowness and general lot sizes; the commission has a great deal of
empathy towards the situation of the neighbors.
Chair Osterling called for a voice vote on the motion to approve. The motion passed on a 5-1 (C.Brownrigg
dissenting). Appeal procedures were advised. This item concluded at 8:20 p.m.
5. 1813 CASTENADA DRIVE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW AND HILLSIDE
AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION(LINCOLN LUE,
ARCHITECT AND APPLICANT; MARK AND AMY LISW, PROPERTY OWNERS) (42 NOTICED)
PROJECT PLANNER: RUBEN HURIN
Reference staff report January 24, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments and also noted that the proposed addition is at the rear of the house and that the
installed story poles reflect its new roof ridge. Nine conditions were suggested for consideration.
Chair Osterling opened the public hearing. Lincoln Lue,applicant and architect,was delighted to work with
the design reviewer and feels that the building is much improved from those meetings. Applicant then
passed out photos of the installed story poles. Commissioner noted: after visiting the neighboring site at 3
Rio Court,the story poles can only be seen at the edge of the rear yard at 3 Rio Court because there is a lot of
vegetation on these lots. There were no further comments and the public hearing was closed.
C. Brownrigg moved to approve the application,by resolution,with the following conditions: 1)that the
project shall be built as shown on the plans submitted to the Planning Department date stamped January 11,
2005,sheets Al through A5,and that any changes to building materials,exterior finishes,footprint or floor
area of the building shall require an amendment to this permit;2)that any changes to the size or envelope of
the first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or
changing windows and architectural features or changing the roof height or pitch, shall be subject to
Planning Commission review; 3) that prior to scheduling the framing inspection, the project architect,
engineer or other licensed professional shall provide architectural certification that the architectural details
such as window locations and bays are built as shown on the approved plans; if there is no licensed
professional involved in the project,the property owner or contractor shall provide the certification under
penalty of perjury. Certifications shall be submitted to the Building Department; 4) that prior to final
inspection, Planning Department staff will inspect and note compliance of the architectural details (trim
materials,window type,etc.)to verify that the project has been built according to the approved Planning and
Building plans. 5)that prior to scheduling the roof deck inspection,a licensed surveyor shall shoot the height
of the roof ridge and provide certification of that height to the Building Department; 6) that all air ducts,
plumbing vents, and flues shall be combined,where possible,to a single termination and installed on the
portions of the roof not visible from the street;and that these venting details shall be included and approved
in the construction plans before a Building permit is issued; 7)that the conditions of the City Engineer's,
Fire Marshal's and Recycling Specialist's June 7,2004,memos shall be met; 8)that the project shall meet all
the requirements of the California Building and Uniform Fire Codes,2001 Edition,as amended by the City
of Burlingame; and 9)that the applicant shall comply with Ordinance 1503,the City of Burlingame Storm
Water Management and Discharge Control Ordinance. The motion was seconded by C. Bojues. -�
Comment on motion: very pleased to hear that they came up with good ideas and solutions through the
design review process,just another good example of how design review works.
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City of Burlingame Planning Commission Unapproved Minutes January 24, 2005
Chair Osterling called for a voice vote on the motion to approve. The motion passed on a 6-0 voice vote.
Appeal procedures were advised. This item concluded at 8:30 p.m.
IX. DESIGN REVIEW STUDY ITEMS
6. 2537 HAYWARD DRIVE,ZONED R-1—APPLICATION FOR DESIGN REVIEW,HILLSIDE AREA
CONSTRUCTION PERMIT AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND
STORY ADDITION(ANDREW AND PATTY JORDAN,APPLICANTS AND PROPERTY OWNERS;
GEORGE SKINNER,ARCHITECT)(29 NOTICED)PROJECT PLANNER: CATHERINE BARBER
ZT Strohmeier briefly presented the project description. Commission stated that the plans appear
incomplete, they had a hard time figuring out the elevations and roof heights and that those and other
dimensions and information need to be added to the plans.
Chair Osterling opened the public comment. Patty Jordan, applicant and property owner,represented the
project. Applicant noted that they feel their design will be keeping in unison with the neighborhood and that
they are open to any suggestions made by the Planning Commission.
Commission asked applicant:What are you planning on doing with the house after the addition is complete?
Applicant is planning to retire in the house. There is concern with the overall style of the house and the
project needs to be simplified because it does not fit in with the consistent traditional understated houses on
the block.
Neighbors Commented: Dave Tillman, 2533 Hayward Drive, Steve Cammon, 2538 Hayward Drive and
Kristen Jacobson,2541 Hayward Drive. Lives in an Eichler-style house in the neighborhood and agrees with
what the applicant is trying to do; supports the project; feels the neighborhood is old-looking and needs to
be re-done with more creativity; addition will help with property values. Is excited that people are putting
money into the neighborhood and does not want to see a project stopped because of its different style. Is
new to the neighborhood and wants to make sure that all future notification cards are sent to her at her
current address; has concerns with how the view from and the light onto her property will be affected; is
afraid that the trees planted along the back side may fill in and affect existing view and light; likes to hear
that the applicant is flexible. There were no other comments from the floor and the public hearing was
closed.
Commission noted:it is an attractive addition,not inclined to see project go to a design reviewer,design is a
good start but could make the project blend better with the existing environment,appreciates the applicants
willingness to work with them, but feels that a design reviewer would help to incorporate the applicant's
needs into the design of the existing neighborhood. Commission comments included:
• concerned with the Spanish style as proposed not fitting in with the ranch style houses which pre-
dominate this immediate area;
• some walls could have more detail and windows;
• story poles should be installed for neighbor and commission inspection to outline the additions;
• understands that the house needs an update but the front as shown is too grandiose by comparison to
the rest of the area;
• more information and detail needs to be provided on the plans regarding roofing material,windows,
window trim,blank walls,plate height and building height;
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City of Burlingame Planning Commission Unapproved Minutes January 24,2005
• architect needs to attend the Planning Commission design review and review meetings and needs to
be more familiar with the City's Design Guidelines, the lack of information on the plans causes a
lack of confidence in the design and architect;
• changes need to be made to the placement of the windows;
• applicant needs to sit down with design reviewer and architect to design a house that truly fits the
applicants needs.
C. Bcjues made a motion to send this project to a design reviewer. This motion was seconded by Chair
Osterling.
Comment on motion:okay with modified Spanish look,architect could have made changes without going to
design reviewer,concern with second floor element and uphill neighbor because a high premium is placed
on distant views in Burlingame. Beautification Commission is looking into guidelines for planting trees in
view corridors,when return could staff identify status of Beautification Commissions work and ideas which
might apply here;before next meeting with design reviewer architect should listen to tapes from tonight's
meeting.
Chair Osterling called for a voice vote on the motion to direct this project to a design reviewer. The motion
passed on a 5-1 (C. Brownrigg dissenting)voice vote. The Planning Commission's action is advisory and
not appealable. This item concluded at 9:03 p.m.
X. PLANNER REPORTS
Review of City Council regular meeting of January 18, 2005.
CP Monroe reviewed the actions of the Council meeting of January 18,2005,noting that since the Council
would interview the incumbents as well, the application time for the Planning Commission has been
extended to 5:00 p.m. February 22,2005. Commission asked if it was possible for the City Council to hold
the joint meeting with the Planning Commission earlier so it would not conflict with vacation schedules.
Discussion on January 24, 2005, Planning Commission Meeting
CA noted that the Commissioners gave two clear directions at tonight's meeting. First that the term "true
divided light windows" may also include "simulated divided light windows which have fixed, three
dimensional grids permanently attached to the window frame on both the inside and outside of the glass".
Second on item 6 Commission strongly advised that the architects or designers of projects should attend the
design review study meeting, and not leave the discussion to the property owner or applicant.
XI. ADJOURNMENT
Chair Osterling adjourned the meeting at 9:15 p.m.
Respectfully submitted,
Michael Brownrigg, Secretary -�
SAMINUTESWinutes Template.doc
10
CITY OF BURLINGAME BUILDING INSPECTION
MONTHLY PERMIT ACTIVITY JANUARY, 2005
F.Y. 2004 F.Y. 2003
SAME MONTH THIS YEAR LAST YEAR
THIS MONTH LAST YEAR DIFF TO DATE TO DATE DIFF
Permit type # Valuation # Valuation % # valuation # Valuation %
New Single Family 0 $0 0 $0 .0 13 $4,624,767 7 $2,879,560 60.6
New Multi-Family 0 $0 0 $0 0 0 $0 0 $0 .0
New Commercial 0 $0 0 $0 .0 1 $1,200,000 2 $2,500,000 52.0
Alterations-Res 34 $741,603 31 $1,364,910 45.7- 192 $8,457,861 194 $9,541,877 11.4
Alterations-NonRes 9 $665,280 6 $260,200 155.7 55 $5,537,812 48 $6,211,250 10.8
Demolition 2 $1,500 4 $3,800 60.5- 28 $37,000 38 $120,800 69.4-
swimming Pool 0 $0 0 $0 .0 0 $0 2 $50,000 100.0
Sign Permits 0 $0 1 $7,500 100.0- 21 $60,232 18 $81,950 26.,5-
Fences 0 $0 0 $0 .0 0 $0 2 $9,500 100.0-
Reroofing 13 $150,669 14 $136,490 10.4 169 $2,174,310 203 $2,210,808 1.7-
Repairs 0 $0 2 $86,200 100.0- 15 $239,194 24 $287,750 16.9-
Window Repl 1 $450 9 $64,413 99,3- 37 $326,530 59 $593,011 44.9-
Miscellaneous 2 $65,000 2 $38,000 71.1 15 $273,805 18 $233,401 17.3
TOTALS. . . . . . 61 $1,624,502 69 $1,961,513 17.2- 546 $22,931,511 615 $24,719,907 7.2-
2/01/05 9 :48 :49
Feb 01 05 12: 14a Putnam Automotive 6503471450 P. 1
V®LAT® PUTNAM MAZDA/VOLVO
"Home of Red Carpet Service"
P.O.Box 982
3 California Drive, Burlingame,CA 94011-0982
(650)347-4800
City of Burlingame
James Nantell,City Manager
501 Primrose Rd.
Burlingame,Ca 94010
Dear Jim,
We would like to have a small rental car operation inside of our Mazda showroom.
Right now we have a number of rental car people picking up our customers and driving
them off to other locations. It would be really nice if you could allow us to consolidate
this into one location with the cars on our property,maybe a total of 20 available rental
cars. Thanks for your time on this matter.
Sincerely, Kent Putnam