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Agenda Packet - CC - 2005.03.21
a BURLINGAME CITY COUNCIL AGENDA City of Burlingame kwRegular Meeting - Monday March 21, 2005 CITY HALL- 501 PRIMROSE ROAD MV Page� BURLINGAME, CALIFORNIA 94010 (650) 558-7200 CLOSED SESSION: 6:30 p.m. Conference Room A a. Threatened Litigation Government Code § 54956.9((b)91), (3)) - Browning-Ferris Industries (Microphone check) 1. CALL TO ORDER 7:00 p.m. Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES-Joint City Council Parks&Recreation Committee Approve meeting of February 17, 2005 and Regular Meeting of March 7, 2005 5. PRESENTATION a. Human Resources Director Award Presentation 6. PUBLIC HEARINGS The mayor may limit speakers to three minutes each. a. Action on Ordinance to establish development fees for the Hearing/Action El Camino Real North and Rollins Road subareas of the North Burlingame/Rollins Road Specific Plan 7. PUBLIC COMMENTS —At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act (the State local agency open meeting law)prohibits council from acting on any matter which is not on the agenda. It is the policy of council to refer such matters to staff for investigation and/or action. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 8. STAFF REPORTS AND COMMUNICATIONS 9. CONSENT CALENDAR Approve a. Recommendation of Public Art for the Library b. Authorize City Manager to execute the agreement with Athens Administrators to continue to be the Third Party Administrator of the City's self-insured Workers' Compensation Program C. Resolution authorizing the City of Burlingame to join with other public agencies as a participant of the California Asset Management Trust and to invest in shares of the Trust and in individual portfolios d. Resolution ordering and calling for a General Municipal Election to be held November 8, 2005 BURLINGAME BURLINGAME CITY COUNCIL AGENDA City of Burlingame Regular Meeting - Monday March 21, 2005 CITY HALL - 501 PRIMROSE ROAD Page g BURLINGAME, CALIFORNIA 94010 (650) 558-7200 e. Adopt Resolution to authorize certain City employees to limited access of state and local criminal history information for employment, licensing and certification purposes f. Resolution approving agreement with the Burlingame Aquatics Club to conduct aquatics program g. Warrants & Payroll 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS 12. NEW BUSINESS a. Potential closure of Broadway Train Station Discuss 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic, Safety, & Parking Commission, February 10, 2005; Beautification, March 3, 2005; Planning, March 14, 2005 b. Department Reports: Building, February, 2005; Finance, February, 2005 C. Letter from RCN thanking the City for approving the Franchise Agreement d. Letter from Comcast concerning programming adjustment e. Memorandum from the City Manager to Council Members concerning the City's website f. Letter from Sarah North concerning the speed limit on California Drive & Murchison and City Engineer's reply 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.burlingame.org. Agendas and minutes are available at this site. NEXT MEETING—Monday,April 4,2005 CITY C BURLINGAME m �AwTco�uHc 0 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of March 7, 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 Mary Herman. CLOSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Conference with Real Property Negotiators pursuant to Government code §54956.8: Property: City Parking Lot B-1 on Chapin Avenue Agency Negotiators: Jim Nantell, George Bagdon, Syed Murtuza Negotiating Parties: Bertetta Family Under negotiation: Access across property to 1421 Chapin Avenue 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Galligan, Nagel, O'Mahony Councilman Coffey attended by teleconference from South Lake Tahoe, California. COUNCILMEMBERS ABSENT: None 4. MINUTES Vice Mayor Baylock made a motion to approve the minutes of the February 22, 2005 regular Council meeting; seconded by Councilwoman O'Mahony, approved unanimously by roll call vote, 5-0. 5. PRESENTATIONS a. PROCLAMATION DECLARING MARCH AS RED CROSS MONTH Mayor Galligan presented a proclamation declaring March as Red Cross Month to Mary Watts, Chairwoman for the San Mateo County Leadership Council who accepted for the American Red Cross of the Bay Area. 1 Burlingame City Council March 7, 2005 Unapproved Minutes b. BURLINGAME YOUTH BASEBALL ASSOCIATION PROGRAMS UPDATE P&RD Schwartz introduced Hank Sauer, Burlingame Youth Baseball Association President. Mr. Sauer reported on the 2004 season, improvements to Bayside Park, and plans for the 2005 season. 6. PUBLIC HEARINGS a. APPEAL OF THE BEAUTIFICATION COMMISSION'S DECISION TO ALLOW FOR A TREE REMOVAL AT 1800 EASTON DRIVE P&RD Schwartz requested Council hold a public hearing on the Beautification Commission's decision to allow removal and replacement of the Eucalyptus tree located at 1800 Easton Drive. The tree is next to the Easton Branch Library, and the Library Board have voted to support the Beautification Commission's decision. Public Works Superintendent Phil Scott made a PowerPoint presentation on the options available to remedy the following problems caused by the tree's roots: street damage, water ponding, sewer infiltration and traffic hazards. Mr. Schwartz stated that no resistograph test was performed because the tree is healthy and is in good shape. If the tree were removed, it would be replaced as part of the reforestation plan, which is currently being developed by the Beautification Commission. Mr. Scott stated that the sewer rehabilitation program for Easton Drive is scheduled for this summer or fall. Mayor Galligan opened the public hearing. The following residents spoke in favor of the appeal: Fred McElhany, 1009 Laguna Avenue, Michael Dillon, 1719 Easton Drive, and Susie Lahey, 1719 Easton Drive. The following residents spoke against the appeal: Dr. Bruce Bainton, 1907 Easton Drive, and Richard Medeghini, 1260 Bernal Avenue. Antonio Rockalino aka Michael David Vail, Jr., 932 Howard Avenue, spoke on replacing the existing sewer line. Russ Cohen, Traffic Commissioner, requested that this item be presented to the Traffic, Safety and Parking Commission for further study. There were no more comments, and the hearing was closed. Council requested that the reforestation program be in place and traffic issues be addressed before making a decision. Council continued action and referred this item to the Beautification Commission and to the Traffic, Safety and Parking Commission for further study. 7. PUBLIC COMMENTS Lara Lighthouse, 87 Loma Vista, spoke on the Jefferson-Martin transmission line. Russ Cohen, 605 Lexington Way, spoke on items occurring in the press. Carla Bagneschi, 1127 Capuchino, spoke on the number of required hours of education for massage permits. Charles Voltz, 725 Vernon Way, spoke on democracy. Katherine Carlin, 1740 Lexington Avenue, San Mateo, spoke on Jefferson-Martin transmission line. Lei Wong of Fremont spoke on opening a spa in Burlingame. Angela Johnson spoke on the cost of Councilman Coffey's teleconference call. There were no further comments from the floor. 8. STAFF REPORTS a. CONSIDER FURTHER AMENDMENT TO MASSAGE ORDINANCE REGARDING EDUCATION REQUIREMENTS FOR MASSAGE PERMITS CA Anderson provided survey results showing the number of education hours required for a massage permit in other Bay Area cities and various states. After some discussion, Council requested staff to reduce the number of required hours to 200 and to phase-in increased hours up to 500, over the next two to four years. 2 Burlingame City Council March 7, 2005 Unapproved Minutes b. CONSIDER APPOINTMENT OF THREE PLANNING COMMISSIONERS CM Nantell requested Council consider the appointment of three Planning Commissioners filling two seats with four-year terms and one seat with a two-year term due to the resignation of Commissioner Chris Keele. Councilman Coffey, as a member of the interview subcommittee, made a motion to appoint Tim Auran and David Cauchi for the two four-year terms and to appoint Andrew Reback for the two-year term; seconded by Mayor Galligan. Vice Mayor Baylock made a motion recommending appointment of Joe Bojues and Jerry Deal for the two four-year terms; seconded by Councilwoman Nagel. Councilwoman O'Mahony stated that she would support Jerry Deal for the two-year term since that was his request. Councilman Coffey expressed concern that Mr. Deal, as a commissioner, would have to recuse himself from making Planning Commission decisions on the many projects in Burlingame with which he is professionally involved. Councilwoman O'Mahony made a motion to close the nominations; seconded by Mayor Galligan, approved by roll call vote, 5-0. Mayor Galligan called for roll call votes on each applicant nominated to fill the two four-year terms. The results of the roll call votes follow: Tim Auran, 3 votes (Baylock and Nagel declined) Joe Bojues, 2 votes (Coffey, Galligan and O'Mahony declined) David Cauchi, 3 votes (Baylock and Nagel declined) Jerry Deal, 2 votes (Coffey, Galligan and O'Mahony declined) Tim Auran and David Cauchi were appointed to fill the two four-year terms on the Planning Commission. Mayor Galligan called for roll call votes on each applicant nominated to fill the two-year term. The results of the roll call votes follow: Jerry Deal, 3 votes (Coffey and Galligan declined) Andrew Reback, 2 votes (Baylock, Nagel and O'Mahony declined) Jerry Deal was appointed to fill the two-year term on the Planning Commission. Council thanked Joe Bojues for the eight years he served on the Planning Commission and for his support of the commission's subcommittees. C. INTRODUCTION OF AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH AND ROLLINS ROAD SUBAREAS OF THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN CP Monroe requested Council introduce an ordinance to adopt General Improvement Policy and Development Fees for public improvements in the North Burlingame/Rollins Road Specific Planning Area. 3 Burlingame City Council March 7, 2005 Unapproved Minutes Council noted that adding the Adrian Road Landscaping Project was important; should be coordinated with the auxiliary line project on U.S. 101; appropriate for adjacent development to provide streetscape improvements of lot frontages; park improvements at frontage road in front of plaza shipping center should include bicycle access; need to think of ways to entice auto dealers to Adrian Road to support City's base. Mayor Galligan requested CC Mortensen read the title of the proposed ordinance adopting General Improvement Policy and Development Fees for public improvements in the North Burlingame/Rollins Road Specific Planning Area. Councilwoman O'Mahony waived further reading of the proposed ordinance; seconded by Vice Mayor Baylock, approved unanimously by roll call vote, 5-0. Councilwoman O'Mahony made a motion to introduce the proposed ordinance; seconded by Vice Mayor Baylock, approved unanimously by roll call vote, 5-0. Mayor Galligan requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. 9. CONSENT CALENDAR Councilwoman Nagel requested a description of the completed project for Item 9.c. P&RD Schwartz provided a brief description of the landscape project to screen the BART tail tracks. a. RESOLUTION NO. 16-2005 AWARDING PERSHING PARK PLAYGROUND RENOVATION PROJECT TO SCAPES, INC. P&RD Schwartz requested Council approve Resolution No. 16-2005 awarding Pershing Park Playground Renovation Project to Scapes, Inc. b. RESOLUTION NO. 17-2005 AWARDING PERMIT TRACKING SOFTWARE ACQUISITION AND IMPLEMENTATION TO CRW ASSOCIATES DPW Bagdon requested Council approve Resolution No. 17-2005 awarding permit tracking software acquisition and implementation to CRW Associates. C. RESOLUTION NO. 18-2005 ACCEPTING THE BART LANDSCAPING PROJECT ON CALIFORNIA DRIVE NORTH OF DUFFERIN AVENUE P&RD Schwartz requested Council approve Resolution No. 18-2005 accepting the BART Landscaping Project on California Drive north of Dufferin Avenue. d. APPROVAL FOR 2005 ART & JAZZ FESTIVAL, AUGUST 13 & 14, 2005 EA Shinday requested Council approve the 2005 Burlingame Art & Jazz Festival to be held on August 13 and 14, 2005. e. APPROVE OUT-OF-STATE TRAVEL FOR FINANCE DIRECTOR FinDir Nava requested Council approve the Finance Director's travel to Norwalk, Connecticut to attend the Winter Meeting of the Governmental Accounting Standards Advisory Committee April 3-5, 2005. 4 Burlingame City Council March 7,2005 Unapproved Minutes Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Councilman Coffey, approved unanimously by roll call vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Except for Councilman Coffey, Council reported on various events and committee meetings each of them attended on behalf of the City. Councilman Coffey stated that he would provide his report at the next regular Council meeting. 11. OLD BUSINESS There was no old business. 12. NEW BUSINESS There was no new business. 13. ACKNOWLEDGMENTS a. Commission Minutes: Parks & Recreation and Joint Parks & Recreation/City Council, February 17, 2005; Planning, February 28, 2005 13. ADJOURNMENT Mayor Galligan adjourned the meeting at 9:25 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 5 Burlingame City Council March 7, 2005 Unapproved Minutes CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# 6a MTG. o��AwTeo��NE b'�o DATE 03/21/05 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED ,,\ _C� & BY DATE: MARCH 9, 2005 APPROVED FROM: CITY PLANNER BY ` SUBJECT: ACTION ON AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH AND ROLLINS ROAD SUBAREAS OF THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN. ACTION: The City Council should hold a public hearing and take action. If approved, these fees would become effective in 60 days, May 20, 2005. COUNCIL STUDY—MARCH 7, 2005: At the City Council meeting on March 7, 2005, the Council reviewed the proposed implementation fee. The Council noted that the shift in projects for the Rollins Road area from the connection road between Rollins and Adrian to the landscaping adjacent to the freeway along Adrian Road makes sense; and directed staff to coordinate the landscaping of this area with the Caltrans Auxiliary Lane project soon to be under way. The City Council set the ordinance for public hearing on March 21, 2005. BACKGROUND: On September 20, 2004, the City Council adopted the North Burlingame/Rollins Road Specific Plan and directed staff to commence implementation. A key component of the North Burlingame/Rollins Road Specific Plan is establishing a "sense of Burlingame" in each of these subareas. To achieve this the implementation section of the plan identifies a number of traffic, circulation, pedestrian and aesthetic improvements which will better integrate the El Camino Real North and Rollins Road subareas into the ambiance of Burlingame. The plan requires the establishment of a development fee to be charged so that each property, as it develops, will contribute to the needed area wide improvements. Like the Bayfront Development fee, the city will share with the developers in the total cost of improvements identified in the plan. In the case of the El Camino Real North and Rollins Road areas the City will share the cost of the improvements with the developers on a 50-50 basis; with the development fee raising half the cost and the city contributing the other half. However, a key premise of the North Burlingame/Rollins Road plan is to provide incentives to reuse land presently developed with older office buildings for multiple family residential uses. In order to encourage this shift in land use, the development fee for multiple family and duplex residential uses is based on the developer paying a 40% share of the improvement costs with the city paying 60%. Mined use projects will be required to pay 50% for the commercial square footage and 40% for the residential square footage. The development fee proposed for the El Camino Real North and Rollins Road subareas is based on the square footage of structure to be built or square footage within a structure which changes use from an existing permitted use to a new conditional use or other on-site intensification of use. Since the cost of the streetscape improvements in each area is different, the fee is different for each of the subareas. ACTION ON AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH AND ROLLINS ROAD SUBAREAS OF THE NORTH BURLINGAMEIROLLINS ROAD SPECIFIC PLAN MARCH 21,2005 The estimated costs for improvements in the industrial area are lower than the costs for the projects in the El Camino Real North area. However, it is expected there will be less new construction in the area, so the fee to cover the costs reflects the estimated square footage of proposed development. Since the 50% fee for the Rollins Road area will be the same as the 40% fee for residential projects in the El Camino Real North subarea, it is expected that it will still encourage the location of new commercial and industrial development in the area which the plan supports. The proposed development fees are: AREA USE FEE El Camino Real North Multiple Family Dwelling or Duplex $0.42 per sq. ft. of building area Subarea Any Other Use $0.53 per sq. ft. of building area Rollins Road Subarea All Uses $0.42 per sq. ft. of building area HISTORY: The proposed development fees for the El Camino Real North and Rollins Road Subareas were first brought to the City Council for introduction on January 3, 2005. The fees as proposed at that time were based on the estimated costs for streetscape improvements as outlined in the plan. These estimated costs were based on the total cost for implementing typical curb, gutter, sidewalk, street tree and lighting fixtures as well as specific streetscape projects to benefit the entire area. After further discussion, a different approach has been developed. The revised fee schedule as outlined above reflects the costs for five specific projects—three in the El Camino Real North Subarea and two in the Rollins Road subarea. With this scenario, developers will be required to install the streetscape improvements along their street frontages at their expense at the time of development; and the fee will go towards the five specific streetscape projects identified in the plan and outlined below. Staff also updated the cost estimates for these five projects, using data on costs collected by the Public Works Department in implementing the streetscape program for Broadway and other recent roadway construction projects. It should be noted that the Adrian Road landscaping project was not listed among the streetscape projects to be funded by the development fee in the adopted North Burlingame/Rollins Road Specific Plan. However, another project proposed in the plan, a connecting road between Adrian Road and Rollins Road has been eliminated because existing parcel patterns and uses make it infeasible. Therefore. the Adrian Road landscaping project replaces the proposed road connecting project. The difference in fee between the two areas is based on the difference between the estimated costs of the streetscape projects identified for each area as outlined in the plan. The Revised Cost Estimates for the three identified projects in the in the El Camino Real North subarea indicates their total costs will be $1,473,793; and the costs of the two streetscape projects for the Rollins Road subarea will be $766,384. The money accrued will be kept separately by subarea. Should a project exceed the matching money collected for the area, the city may front the money and be paid back by future development fees raised in the subarea. Since these projects will be built over time as development occurs, the cost and associated fee will be adjusted annually based on the latest Engineering News Record Highway Construction Cost Index. This is the same procedure which has been used for the Bayfront Development Fee for over 20 years. Because this is a development fee, if approved it will not be effective for all projects until 60 days after Council adoption of the ordinance establishing the fee. However, the Peninsula Hospital project, which was being processed in parallel with the North Burlingame/Rollins Road Specific Plan, has been required to pay the El Camino Real North subarea development fee as a condition of approval; and will participate in the funding of the three identified streetscape projects identified for the El Camino Real North subarea. -2- ACTION ON AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH AND ROLLINS ROAD SUBAREAS OF THE NORTH BURLINGAMEIROLLINS ROAD SPECIFIC PLAN MARCH 21,2005 DESCRIPTION OF STREETSCAPE PROJECTS: Following is a brief description of each of the five streetscape projects to be funded by the development fee. Please note that the attached Ordinance also requires that each developer is required to install the typical streetscape improvements defined in the Specific Plan along the street frontages of the particular project. Also attached are Estimates of Construction Costs for each of the five projects as well as illustrations of the projects taken from the North Burlingame/Rollins Road Specific Plan. EL CAMINO REAL NORTH SUBAREA PROJECTS COST El Camino Real Median&Crosswalks $109,308 (between Murchison and Trousdale) Project consists of Installation of landscaping in the existing median islands along El Camino Real between Murchison and Trousdale Drives,and installation of "zebra-crossing" style crosswalks across El Camino Real at the Murchison and Trousdale Intersections. El Camino Real Linear Park $1,341,197 (west side between Murchison and Trousdale)This project consists of the abandonment of the frontage road in front of the Burlingame Plaza Shopping Center,and installation of a linear park and pedestrian pathway along El Camino Real. The project includes installation of a new driveway approach to the shopping center from El Camino Real,as shown in the attached drawing. Landscaping towards the center of the linear park would be kept low to maintain visibility of the shopping center from El Camino Real. Bicycle Lanes on California Drive,Trousdale Drive and Murchison Drive $23,288 Project consists of the installation of bicycle lanes along California Drive from Murchison to Dufferin; along Murchison from Magnolia to California Drive,and along Trousdale from El Camino Real to California Drive,along routes identified in the Bicycle Transportation Plan. TOTAL EL CAMINO REAL NORTH SUBAREA $1,473,793 ROLLINS ROAD SUBAREA PROJECTS COST Rollins Road Gateway $146,706 (at El Portal Creek)This project consists of installing improvements at the El Portal Creek bridge on Rollins Road to identify the entrance into Burlingame from Millbrae. Project includes replacing the existing chain link fence with a wrought iron fence,adding landscaping a decorative wall and benches along the sidewalk and installing a gateway identifying sign. Adrian Road Landscaping $619,678 (between Millbrae Border and south end of Adrian Road) This project proposes to install landscaping along Adrian Road adjacent to Freeway 101 to provide a more attractive landscape setting. Landscaping will be kept low to maintain visibility from the Freeway for Adrian Road businesses,with a few clusters of trees strategically placed to provide variety without blocking visibility. The landscaping will be coordinated with the landscaping proposed by Caltrans within their right-of-way As a part of the auxiliary lane project. TOTAL ROLLINS ROAD SUBAREA $766,384 ATTACHMENTS: Figure 1-2 Specific Plan Area, and Figure 3-2 Subareas of the Specific Plan Area, North Burlingame/Rollins Road Specific Plan, adopted September 20, 2004 North Burlingame/Rollins Road Planning Area—Basis for Development Fees, Planning Department, February, 2005 Chapter 8, Implementation,North Burlingame/Rollins Road Specific Plan, adopted September 20, 2004 Detailed Cost Estimates and Descriptions for the Five Identified Streetscape Projects Ordinance of the City of Burlingame Adopting Development Fees for Public Improvements in the North Burlingame/Rollins Road Specific Planning Area S.-WORTH SAP Development FMCC Report 03.21.05 North Burlingame Fees.doc -3- I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME ADOPTING GENERAL IMPROVEMENT POLICY AND DEVELOPMENT FEES FOR PUBLIC 3 IMPROVEMENTS IN THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLANNING AREA 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. In September 2004,the City Council adopted the North Burlingame/Rollins 8 Road Specific Plan as an amendment to the City's General Plan. The Specific Plan identifies 9 a series of improvements that are necessary to improve the area so that the goals of the Specific 10 Plan, and in turn, the City's General Plan, can be accomplished as the area is developed. 11 The City Council of the City of Burlingame hereby finds and declares that it is necessary to 12 provide for future construction, improvement, and enhancement of public arterials and access, 13 and to impose charges to support and defer the costs of the benefits rendered to owners and 14 occupants of lands enjoying these improvements. 15 The City Council further finds and declares that such improvements are necessary to 16 safeguard and improve the life, health, property, and public welfare of the area served, and of 17 all persons occupying the properties of the Specific Plan Area. The specific improvements are 18 described in the Specific Plan adopted by the City Council in September 2004, setting the 19 proposed areas of benefit, the boundaries of which are specifically described in the Specific 20 Plan. The improvements for the Rollins Road area are different in type and intensity from those 21 proposed for the El Camino Real North area; therefore, it is appropriate and fair to separate 22 those areas for purposes of valuation and benefit. In addition,the fees are calculated upon the 23 basis that the City will contribute fifty percent of the cost of the proposed improvements, and 24 sixty percent with regard to development of square footage of duplexes and multiple family 25 dwellings as a means of encouraging residential development. 26 The Council further finds and declares that the contribution of the above—described 27 improvements will enhance the economic value of the occupants, businesses, leaseholds and 28 landowners throughout the area by providing for traffic and pedestrian safety on or near the real 3/21/2005 I property in said area, thereby reducing the probability of bodily injury and property damage, 2 make said area more accessible to emergency services, such as fire and police,and enhance and 3 promote aesthetic and environmental quality on or near the occupants of the real and personal 4 property by making access to said properties quicker, more efficient, and more inviting. 5 It is the intention of the City Council that this ordinance be enacted pursuant to the 6 City's police power for the construction of effective,safe,and attractive transportation facilities 7 as stated hereinabove. 8 9 Section 2. Confirmation of Areas and Costs. 10 The North Burlingame/Rollins Road Area is hereby divided into two areas of benefit: 11 (a)The Rollins Road Area of Benefit is hereby created,being within the boundaries of 12 the North Burlingame/Rollins Road Specific Plan Area located to the east of the railroad tracks 13 as shown in Figure 1-2 of the Specific Plan. It is determined that all property within this benefit 14 area will be benefitted by the construction of the public improvements set forth in the Rollins 15 Road Area of Benefit as described in the North Burlingame/Rollins Road Specific Plan. The 16 estimated construction costs of these improvements of$766,384, as prepared by the Public 17 Works Department and as set forth in the North Burlingame/Rollins Road Specific Plan, are 18 hereby confirmed. 19 (b) The El Camino Real North Area of Benefit is hereby created, being within the 20 boundaries of the North Burlingame/Rollins Road Specific Plan Area located to the west of the 21 railroad tracks as shown in Figure 1-2 of the Specific Plan. It is determined that all property 22 within this benefit area will be benefitted by the construction of the public improvements set 23 forth in the El Camino Real North Area of Benefit as described in the North Burlingame/Rollins 24 Road Specific Plan. The estimated construction costs of these improvements of$1,473,793,as 25 prepared by the Public Works Department and as set forth in the North Burlingame/Rollins 26 Road Specific Plan, are hereby confirmed. 27 28 3/21/2005 - 2 - I Section 3. Required Participation. 2 (a) All persons constructing new buildings or adding more than one thousand(1,000) 3 square feet of gross floor area to existing buildings within these areas of benefit are required to 4 participate in the system of regulatory charges hereinafter set forth to insure that all of the 5 objectives set forth in Section 1 are achieved. Additions shall only require the payment for the 6 added square footage of structure. Changes of use of or within existing buildings to a use 7 requiring a higher charge shall require payment for the floor area devoted to the new use. 8 (b)In addition,all persons constructing new buildings or adding more than one thousand 9 (1,000) square feet of gross floor area to existing buildings within these areas of benefit shall 10 purchase and install the streetscape improvements along all street frontages under the 11 streetscape program established pursuant to the North Burlingame/Rollins Road Specific Plan. 12 13 Section 4. Fees. 14 Fees are hereby established for all property within the North Burlingame/Rollins Road 15 Areas of Benefit; one-half of said fees shall be deposited with submittal of the project 16 assessment for traffic allocation or planning application to the Planning Department and the 17 remaining one-half shall be paid prior to the approval of final framing of buildings or additions 18 subject to this ordinance. In the case of a change of use within a building..the fee shall be paid 19 one-half at the time of application for a conditional use permit and one-half before scheduling 20 the final inspection of tenant improvements for the change in use; if no tenant improvements 21 are contemplated,the second one-half shall be paid within thirty 30)days of the approval fo the 22 conditional use permit. Any project which has submitted a project assessment or planning 23 application prior to the effective date of any amendment to this ordinance but has not received 24 a building permit,shall at the time of receiving the building permit,pay any difference between 25 the amount paid at the submittal of the project assessment or application and the amount of the 26 fee established by that amendment. These fees shall be in the following amounts: 27 28 3/21/2005 - 3 - I (a) Rollins Road Area of Benefit------------------------- $0.42 per square foot of building 2 3 (b) El Camino Real North Area of Benefit 4 (i) Multiple family dwelling or duplex use ---- $0.42 per square foot of building 5 (ii) Any use other than multiple family dwelling 6 or duplex ----------------------------------- $0.53 per square foot of building 7 8 Determination as to the appropriate classification of a use shall be determined by the City 9 Planner, subject to an appeal to the City Council filed no later than ten (10) days following 10 determination by the City Planner. An appeal must be in writing and filed with the City Clerk 11 within the required time period. Fees shall be annually reviewed beginning in 2006 and 12 adjusted to reflect the increase or decrease in the latest Engineering News Record Highway 13 Construction Cost Index,as of July 1 of each year. This fee adjustment shall not be applied to 14 a project for which the one-half deposit as provided above has been made. If a project does not 15 proceed to construction for reasons determined by the City Planner to be beyond the control of 16 the applicant, the portion of the development fee on deposit with the City may be returned to 17 the applicant. Planning and environmental fees will not be returned. 18 19 Section 5. Use of Funds. 20 All charges collected pursuant to this ordinance shall be placed in one of two special 21 funds, either the Rollins Road Benefit Area Fund or the El Camino Real North Benefit Area 22 Fund, as applicable under this ordinance. Payments from these funds shall be limited to costs 23 related to design,right of way acquisition,and roadway,pedestrian,landscaping,and circulation 24 improvements set forth in the North Burlingame/Rollins Road Specific Plan or for 25 reimbursement pursuant to the agreement of a property owner required to construct a portion 26 of said improvements, the construction costs of which exceed the charges which would 27 otherwise be required of said developer, and only for those improvements located in the 28 applicable area of benefit defined by this ordinance. Additionally,these funds may be used to 3/21/2005 - 4 - I reimburse the City for any City funds advanced for improvement or developer reimbursement 2 purposes in connection with the completion of the improvement work in the area of benefit if 3 the advanced City funds exceed more than 50 percent of actual costs of the improvements. 4 5 Section 6. This ordinance shall be published as required by law and shall take effect 6 sixty(60) days after its adoption. 7 Mayor 8 9 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 10 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 7t' 11 day of March,2005,and adopted thereafter at a regular meeting of the City Council held on the 12 _day of , 2005, by the following vote: 13 AYES: COUNCILMEMBERS: 14 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 15 16 City Clerk 17 18 19 -20 21 24 6 -)7 28 3`21!2005 - 5 - �. . 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I- � � Glin -Tv p1w r M 111 L M v m v m T CL 3 :3 z 0 0 F f m 0 c {x T'T 6 RT RY 0 E 0 c r— a) 0 r Im E .11 UJ = m G r �T Lu I'T ,�lj -W- W,Rul i � - Rl m Z V) < 1.EuMIIAL t WL '1� L4 4REM U-1 C-4 M -cr WILl 111 D /TT11.J'WIT, -1-1, - it -? --i rrT� L :--jpa- P7' F- qi 44 North Burlingame/Rollins Road Planning Area Basis for Development Fees Anticipated New Uses EI Camino Real North Area Use Area (Square Feet) Retail - Mixed Use 77,250 Multi-Family Residential 656,400 Hospital 442,000 Medical Office Building 151,032 Retail Additions 50,000 Office Add/Replacement 25,000 TOTAL 1,401,682 Total Cost of Streetscape Improvements EI Camino Real Area = $1,473,793.00 Cost per square foot of new building area = $1.05 EI Camino Real Area Fee* Commercial Projects (50% of cost per square foot) _ $0.53 Residential Projects (40% of cost per square foot) _ $0.42 Rollins Road Industrial Area Use Area (Square Feet) Industrial 810,750 Commercial - Auto Dealer 98,960 TOTAL 909,710 Total Cost of Streetscape Improvements Rollins Road Industrial Area = $766,384.00 Cost per square foot of new building area = $0.84 Rollins Road Area Fee* _ $0.42 (50% of cost per square foot) EI Camino Real North Area Streetscape Projects California Drive Bike lanes $23,288.00 EI Camino Real Medians $109,308.00 EI Camino Real Linear Park $1,341,197.00 Total $1,473,793.00 Rollins Road Streetscape Project Rollins Road Gateway $146,706.00 Adrian Road Landscaping $619,678.00 Total $766,384.00 TOTAL BOTH AREAS $2,240,177.00 *Fee to be Adjusted Annually on July 1 of each year based on the latest Engineering News Record Highway Construction Cost Index NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN �. CHAPTER 8 IMPLEMENTATION This chapter describes the ways in which the City of Burlingame will implement this Specific Plan. It includes a summary of development incentivesjorprivatepropery owners that are included in this Plan, a list of imple- mentation actions for the City to undertake, and information on the creation of a development fee to pay for public improvements. A. Development Incentives B. Implementation Actions This Specific Plan includes several develop- The City will undertake a number of actions to ment incentives intended to spur the private implement the vision included in this Specific development community to implement the Plan. ideas included in this Plan. These incentives include the following: 1. Zoning Code Revisions ♦ A density bonus for parcels at the north �— and south ends of Rollins Road whose Once this Specific Plan is adopted, the City will revise its Zoning Code to match the provisions owners agree to develop or allow the City of the Specific Plan. This will include the addi- to develop gateway features along the tions of provisions to allow automobile sales street, as approved by the City. uses in portions of the M1 zone along Adrian ♦ Allowance of automobile sales uses on Road, as well as changes to various height and parcels along Adrian Road where amalga- setback requirements and new provisions for mated parcel size is over 5 acres. This will density bonuses in gateway areas. The zoning encourage the combining of parcels in this code would also have to be amended to include area. residential uses in the North of Trousdale sub- ♦ A residential density bonus for coordinated area and portions of the El Camino Real/Mills development on multiple parcels in the El Peninsula Hospital Block subarea; and to Camino Gateway area. This will encourage address the relationship between zoning regula- aggregation of parcels in this area. tions, review lines for height and aviation- required height limitations in subarea B-4, North of Trousdale. L NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN 111 CHAPTER 8: IMPLEMENTATION TABLE 8-1 STREETSCAPE IMPROVEMENTS Street or Location Name Estimated Cost El Camino Real $1,220,000 Trousdale Drive $880,000 California Drive $100,000 Magnolia Drive $520,000 Rollins Road Gateway $60,000 Rollins Road Streetscape $600,000 New Road between Rollins and Adrian Roads $330,000* ^� Total $3,710,000 * This cost reflects construction of the entire street,including the road,sidewalks and streetscape,but does not include land costs. 2. Streetscape Improvements ment is proposed in the area, the City will Chapter 5 describes a series of streetscape require that property owners make streetscape improvements in various parts of the North improvements along their frontages consistent Burlingame area that are intended to fulfill the with this Plan. In some cases,the City may also vision outlined in this Specific Plan. The City make improvements on its own, independent will ensure that these streetscape improvements of development on adjacent parcels. When this are made over time by levying a development occurs, the City may collect fees from benefit- fee on each project to contrib-ute a fair share mg property owners in advance,or the City may towards these improvements. Table 8-1 shows pay for the improvements and collect costs an estimate of the total cost for the streetscape from property owners later as part of a devel- improvements on each street, and for the opment fee charged to new development. Rollins Road gateway. Streetscape improvements will be implemented in either of two ways. Whenever new develop- -� 112 NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN CHAPTER 8: IMPLEMENTATION 3. Rollins Road Trail and Open The abandonment of this residual land will Space Network result in additional value accruing to the adja- This Specific Plan envisions a new trail and cent property owners. Table 8-2 shows an esti- open space network in the southern portion of mate of the value expected to be accrued to the Rollins Road area. This network will be each owner. This value will be considered in implemented incrementally through land use setting the Development Fee described in regulations affecting new development that are Section C,below, and it will also be considered included in Chapter 4 of this Plan. in negotiations around affordability of the res- idential units to be built on the properties in question. The estimated values are based on 4. El Camino Real Residual Land square foot estimates of land values on El Disposition Camino Real compiled by Bay Area Economics The streetscape improvements along El as a part of this study, and should be checked Camino Real will result in surplus land that is through an appraisal or other means prior to currently in the City right-of-way on both sides setting final fee structures. of the street. The City will transfer this surplus property to the adjacent property owners at the time that it is abandoned by the City. If, after a 5. Sign Ordinance on Auto Row title search,it is determined that the underlying Once this Specific Plan is adopted,the City will property is owned by the adjacent property amend its Sign Ordinance to include special owners, title will revert to these owners when regulations for signs on Adrian Road belonging the City right-of-way is abandoned. to businesses that engage in automobile sales. Chapter 6 gives some guidance for the architec- However, this will only occur in conjunction tural character of signs for these businesses and with agreements between the City and the a revision of the Sign Ordinance will assure affected property owners that will ensure that that a minimum standard is set for the aesthet- the owners will immediately use the abandoned is character of signs along the freeway frontage. property for development consistent with the vision in this Specific Plan and that adequate funding will be available to im-plement desired streetscape improvements on El Camino Real. NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN 113 CHAPTER 8: IMPLEMENTATION C. Development Fee A fee will be established for each subarea based on the benefit to each property of the streetscape program for the area. Each proper- ty owner would contribute a share of the cost for improvements at the time of development. The City will implement improvement projects based on a contiguous area where a substantial portion of the streetscape has been funded. 114 NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 8-Feb-05 North Burlingame Specific Plan - EI Camino Real Medians&Crosswalks Project includes Restriping of Travel Lanes, Relandscape&Irrigate Median Islands, & Painting Pedestrian Crossings Item Description Quantity Unit Cost Price Total 1.0 Demolition $0 1.1 AC/Base 0 SF $ 4.25 $0 2.0 Grading and Earthwork $0 2.1 Import Soil 0 CY $ 100.00 $0 3.0 Irrigation/Utilities $37,500 3.1-1 Irrigation Per Tree Well (Includes Piping, Etc.) 0 EA $ 50.00 $0 3.1-2 Irrigation in Median/Planters 15,000 SF $ 2.50 $37,500 3.2 Lighting 0 EA $ 3,000.00 $0 4.0 Softscape $28,750 4.1 Trees-24" Box 30 EA $ 325.00 $9,750 4.2 Trees- 15 Gallon 0 EA $ 250.00 $0 4.3 Shrubs- 5 Gallon 100 EA $ 35.00 $3,500 4.4 Shrubs- 1 Gallon 150 EA $ 20.00 $3,000 4.5 Ground Cover 5,000 SF $ 2.50 $12,500 5.0 Hardscape $28,800 5.1-2 Paving(Special) 0 SF $ 12.00 $0 5.2-1 Curb and Gutters 0 LF $ 40.00 $0 5.2-2 Curb Cuts 0 EA $ 340.00 $0 5.40 Lane Striping(Painted)(1200 LF x 8 lane stripes) 9,600 LF $ 2.00 $19,200 5.50 Painted Crosswalks(8'by 120'X 2) 1,920 SF $ 5.00 $9,600 6.0 Furniture $0 6.1 Tree Grates 0 EA $1,500.00 $0 Base Bid Subtotal $95,050 Contingency 15% $14,258 Total Anticipated Cost $109,308 2/17/2005 Y ft - f Y V ,y . . L`v u �'>ayd no.q:ice!"• • ♦ � � ._. , "--'fit � � "� - � • r � -. �. �� r .�» a ;_'� � � �, • r iy ,. � m 9 t- y" pf • �I� !�"4� ���� eftV f f 'MN ��.�' l �I F ti Y� • � y � j� � � _ y, r=J n8 I OgJy�%..�]r�r_fa _7 .'Y � • �" � v �� R!. fJ� • t �#�� iec .�... `u �4f1� �n�.. I� 1 ' e XV T:f 177 4 to p 11 31, eyyee� �[�y']�j S�{ j{�rf� � � � � f ..yA� f ::-ii � � �� • r n!-.� ? 1. F ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 15-Feb-05 North Burlingame Specific Plan - El Camino Real Linear Park Project includes Demolition of Existing Frontage Road and Installation of a linear park with pedestrian path Item Description Quantity Unit Cost Price Total 1.0 Demolition $330,258 1.1 AC/Base 74,400 SF $ 4.25 $316,200 1.2 Curb (Incl.Offhaul) 1,320 LF $ 10.65 $14,058 1.3 Concrete Paving(Incl.Offhaul) 0 SF $ 14.25 $0 2.0 Grading and Earthwork $130,000 2.1 Import Soil 1,300 CY $ 100.00 $130,000 2.2 Offhaul 0 CY $ 120.00 $0 3.0 Irrigation/Utilities $217,800 3.1-2 Irrigation in Median/Planters 74,400 SF $ 2.00 $148,800 3.2 Lighting 6 EA $ 5,000.00 $30,000 3.3 Drain Inlets for Area Planting 6 EA $ 4,500.00 $27,000 3.4 Piping for Under Drains 200 LF $ 60.00 $12,000 4.0 Softscape $105,000 4.1 Trees-24"Box 20 EA $ 325.00 $6,500 4.2 Trees-15 Gallon 0 EA $ 250.00 $0 4.3 Shrubs- 5 Gallon 100 EA $ 35.00 $3,500 4.4 Shrubs- I Gallon 1,000 EA $ 20.00 $20,000 Ground Cover 20,000 SF $ 3.75 $75,000 4.5 Root barrier 0 LF $ 16.00 $0 5.0 Hardscape $368,200 5.1-1 Paving(Regular) 0 SF $ 9.00 $0 5.1-2 Paving(Special) 20,000 SF $ 12.00 $240,000 5.2-1 Curb and Gutters 1,200 LF $ 40.00 $48,000 5.2-2 Curb Cuts 2 EA $ 500.00 $1,000 5.2-3 Driveways 7,200 SF $ 11.00 $79,200 6.0 Furniture $15,000 6.1 Tree Grates 0 EA $ 1,500.00 $0 6.2 Benches 6 EA $ 2,000.00 $12,000 6.3 Trash Recepticles 3 EA $ 1,000.00 $3,000 Base Bid Subtotal $1,166,258 Contingency 15% $174,939 Total Anticipated Cost $1,341,197 2/17/2005 -A�a. u r + 44 40, ti r � `v f / j�� •�l r / 1 P a� 5 � F � � � � � p gay vy�i a � ■ +` g _ t' t�� .V�'L'I 1 +"7 ;+A��° z`sf'hy`„�,. '- - W, +� st }�q�e � .,8 t•.�. •'!,` �amity*;� ;S. � * fir ` S'�.. .z�"� � ` ` ` -��' MW400 � p Al P kb. e0. F \ �. ¢..V y,^. w � �" ,� �4,. �. �,'+ �y♦ -� � � _ p r- .�. is � � , 5+•-;., � � ti �,��, .as �r� �. a �l `r U i ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 17-Feb-05 North Burlingame Specific Plan - Bike Lanes - California Drive, Trousdale & Murchison Project includes Restriping of Travel Lanes to Accommodate Bike Lanes Item Description Quantity Unit Cost Price Total 1.0 Demolition 2.0 Grading and Earthwork 3.0 Irrigation/Utilities 4.0 Softscape 5.0 Hardscape $20,250 5.40 Lane Striping(Painted) 6,350 LF $ 3.00 $19,050 5.50 Pavement Markings(Bike Lane) 240 SF $ 5.00 $1,200 6.0 Furniture Base Bid Subtotal $20,250 Contingency 15% $3,038 Total Anticipated Cost $23,288 2/23/2005 n jr q h P { Y � -� 'Sj. ..r;. Irk '`�y,t • x�1 !.''� �"r' •��, � Fy,� ,mew'- � 'C w� !O w r �- � ,.' .(p •yam ,� i. } �!�{ t f P� :s r e z ' � r < x r �. / r "t a+� � e M �" ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 8-Feb-05 North Burlingame Specific Plan -Rollins Road Gateway Project consists of replacing existing sidewalk,wall and chain link fence with a decorative iron fence and wall, new sidewalk,pilasters and decorative low wall,built-in wood bench,landscape areas,decorative lighting and gateway sign post Item Description Quantity Unit Cost Price Total 1.0 Demolition $8,910 1.1 AC/Base 1,440 SF $ 4.25 $6,120 1.2 Curb (Incl.Offhaul) 150 LF $ 10.60 $1,590 1.4 Sawcut Concrete 600 LF $ 2.00 $1,200 2.0 Grading and Earthwork $6,000 2.1 Place Import Soil&Amendment 18"Deep 30 CY $ 200.00 $6,000 3.0 Irrigation/Utilities $25,400 3.1 Irrigation System 1 LS $ 7,800.00 $7,800 3.2 Wiring for Four Lightposts 4 EA $ 2,500.00 $10,000 3.3 Drainage Inlets 2 EA $ 3,800.00 $7,600 4.0 Softscape $1,800 4.1 Trees-24"Box 0 EA $ 325.00 $0 4.2 Trees-15 Gallon 0 EA $ 250.00 $0 4.3 Shrubs- 5 Gallon 0 EA $ 35.00 $0 4.4 Shrubs- I Gallon 90 EA $ 20.00 $1,800 5.0 Hardscape $67,460 5.1-1 Concrete Sidewalk 240 SF $ 9.00 $2,160 5.2-1 Curb and Gutters 155 LF $ 40.00 $6,200 5.3-1 Low Wall 88 LF $ 200.00 $17,600 5.3-2 large pilaster 4 EA $ 5,000.00 $20,000 5.3-3 Small Pilaster 6 EA $ 2,000.00 $12,000 5.4-1 Built-In Wood Bench 2 EA $ 1,000.00 $2,000 5.5-1 Decorative Sign Plate 2 EA $ 1,000.00 $2,000 5.5-2 Tubular Steel Fence 110 LF $ 50.00 $5,500 6.0 Furniture $18,000 6.6 Industrial Area Entry Light Post 6 EA $ 3,000.00 $18,000 Base Bid Subtotal $127,570 Contingency 15% $19,136 Total Anticipated Cost $146,706 2117/2005 F y J" liaa TrrM Lart Tavel Lane 7ftwi Lane harm Laze Valk Cross-Section of Rollins Road Gateway t b Illustration of Rollins Road Gateway w iii�,�. •. { 4` � xy y. . YSP �gg F �..w. v 7�y���.rz -ia�r.,,yM _"agr.,y, F..i• IN "*Vo '4. Z", idE) CIVOU SNIIIOd IDafOJd 10 sl!wll *40 re A06 2f > n i ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 24-Feb-05 North Burlingame Specific Plan -Adrian Road Freeway Landscaping Project consists of replacing existing curb and chain link fence with a wrought iron fence and landscaping, with parking bays along Adrian Road adjacent to 101 Freeway Item Description Quantity Unit Cost Price Total 1.0 Demolition $0 1.1 AC/Base 0 SF $ 4.25 $0 1.2 Curb (Incl.Offhaul) 0 LF $ 10.60 $0 1.3 Sawcut Concrete 0 LF S 2.00 $0 1.4 Remove Chain Link Fence 2.0 Grading and Earthwork $140,000 2.1 Place Import Soil&Amendment 700 CY $ 200.00 $140,000 3.0 Irrigation/Utilities $100,000 3.1 Irrigation System 1 LS $ 50,000.00 $50,000 3.2 Wiring for Lightposts 20 EA $ 2,500.00 $50,000 3.3 Drainage Inlets 0 EA $ 3,800.00 $0 4.0 Softscape $170,850 4.1 Trees-24"Box 18 EA $ 325.00 $5,850 4.2 Trees-15 Gallon 0 EA $ 250.00 $0 4.3 Shrubs- 5 Gallon 3,000 EA $ 35.00 $105,000 4.4 Shrubs- 1 Gallon 3,000 EA $ 20.00 $60,000 5.0 Hardscape $68,000 5.1-1 Concrete Sidewalk 0 SF $ 9.00 $0 5.2-1 Curb and Gutters 0 LF $ 40.00 $0 5.3-1 AC/Base 0 SF $ 2.00 $0 5.3-2 large pilaster 0 EA $ 5,000.00 $0 5.3-3 Small Pilaster 0 EA $ 2,000.00 $0 5.4-1 Built-In Wood Bench 0 EA $ 1,000.00 $0 5.5-1 Decorative Sign Plate 2 EA $ 1,000.00 $2,000 5.5-2 Green Chain Link Fence 4,000 LF $ 16.50 $66,000 6.0 Furniture $60,000 6.6 Industrial Area Light Post 20 EA $ 3,000.00 $60,000 Base Bid Subtotal $538,850 Contingency 15% $80,828 Total Anticipated Cost $619,678 2/24/2005 .. �e :^��' �e, �C�.r r•e � �;;5.. s 9ra�^ g,, -� tJfi�r' � re,, i ' ;fit � h .,d 3. � , s .- � a5w_, `� 4,y. ` ri, , �` ��� �_ w w + rt� is e a a *,;� �i � C r i� ,�, "` t,��ts �� �: � k � ,, ,' , v� � ��y, .. ._ � a v� �- �£�� � �,y �,`� R �?y' t � �� � m�s�Y� ,�4'a r'e Rfa ,.;r "'�,y :�x'. r y '�'n �.. � ✓4 1t �, �� �`1 f. �,t� ;:�.,. w: ��� �c„y,� �t ,«',+. �. ��'� �'e"Yj ^J$� �.'k eaft �� ; w.. '3 A. .,5, ��.,�,� S'a�,:x� r ,t. ,fir.-„ �' � w � n x ,„b� jY�� .� :,Ys.` 4 �' � :p k. ,: a «; e - . r� .�tiy.� ,. us. �Jt, a'r see _ R, �-. 1 zy. � e '� i�wn d 'v e �,�°r v� � � r .i?$x ��1� a ��,u�t,,,v';n rr't.. r�,. :�"P+y ki�ia`�:y'.. e«x K... *„�d� ,�°(� �'gxi-.k r�,,`;��"1 ��y �� ��t'. ..x:.,: ;.tJ '�`'� �� .r �� III ��> •7 ,• �ti r„ k `"`���f'' �• �4,� �,r:, �t,�°�''; ,%" 7"��' `a i r, s .�`• ,�.� � ` y`� ,�,° � �''4cf O� ��s��l jb4� q':`•.' � ,b± �Pa� 'y �.. y'r' r ,�. �' .� � �r"?e; ahk,t �/r�.i!�"` '� s�`r.!h �r c ' �_;�� i't <r .. ..w�'i+\ ^ w���h-`. `; .,gip � w ,}- fr v a++,- a pit t � � 4���c S k ,wR� *6",� .��� s"1 � rya `�` F ��� ,1 � 'fir ro f .e� e,r it tt^; n d " �7Y+�'.����'y� ���� p y�',e, ��i T � h �. "�� � � Y.,g off# ern � � ) f � c A. ` � ` �*•,,'4 e � #� "e'+z " 7 `>�e�� �� ^ ��{��z�.: ri �e�� c�'� ,� �� ti 5�et X1.7 �` " �"`fi�5t�,��S�s ���r � � �-:r g� �`"� ���� � y � �:.• N -i wr z ��v� r �, � f v '�j`. S 'F $ `t �� F �, d�7A � JY s m ;,,, "�'9j ���r � �y,a� �" � �`'�� i r a� `O`° '!�,� S �"ry� � �Fb� fid,� 1 ���c y� .. tike �f �"���' e � `t s � +. ' .n U � r � . � ¢ �� � <t �� � � c,.. � �,� r �, v�, v ,� � � �yw. wry ►err ���� `I I'�f� ..,rif. ��'� +iS. i fes;� .4��' �', �,µ "�, k r'� .t _ ty �' pan%. l4 �� „y�;,t t* 7 � `4 mak' 3rti r' r S" rt*t..4n�e "�','4+if '�+i�%-xa ��Cd^, i ,''7- , ',, 5 � �M �' G �l r � t � r� r ��6 Stix ta��y ��rh��'w' �4 � r � '�.a� � - ♦1,..�`fit,.. V°`t''"� '^c�.1e*} ,� 1..w'`n�> �'�� q ,� k���� '� 3�� r � � � a' ., n R y,l` �� '.� �+ � 1 � to '� n C �p� a , °� - t, d�� 'ti���� ' ''�SRa,� ",�v �r yf '�' � �.. } sh �`�, r. J J�4* ~ .µ F. I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME ADOPTING GENERAL IMPROVEMENT POLICY AND DEVELOPMENT FEES FOR PUBLIC 3 IMPROVEMENTS IN THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLANNING AREA 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. In September 2004, the City Council adopted the North Burlingame/Rollins 8 Road Specific Plan as an amendment to the City's General Plan. The Specific Plan identifies 9 a series of improvements that are necessary to improve the area so that the goals of the Specific 10 Plan, and in turn, the City's General Plan, can be accomplished as the area is developed. 11 The City Council of the City of Burlingame hereby finds and declares that it is necessary to 12 provide for future construction, improvement, and enhancement of public arterials and access, 13 and to impose charges to support and defer the costs of the benefits rendered to owners and 14 occupants of lands enjoying these improvements. 15 The City Council further finds and declares that such improvements are necessary to 16 safeguard and improve the life, health, property, and public welfare of the area served, and of 17 all persons occupying the properties of the Specific Plan Area. The specific improvements are 18 described in the Specific Plan adopted by the City Council in September 2004, setting the 19 proposed areas of benefit, the boundaries of which are specifically described in the Specific 20 Plan. The improvements for the Rollins Road area are different in type and intensity from those 21 proposed for the El Camino Real North area; therefore, it is appropriate and fair to separate 22 those areas for purposes of valuation and benefit. In addition, the fees are calculated upon the 23 basis that the City will contribute fifty percent of the cost of the proposed improvements, and 24 sixty percent with regard to development of square footage of duplexes and multiple family 25 dwellings as a means of encouraging residential development. 26 The Council further finds and declares that the contribution of the above—described 27 improvements will enhance the economic value of the occupants, businesses, leaseholds and 28 landowners throughout the area by providing for traffic and pedestrian safety on or near the real 3/21/2005 I property in said area, thereby reducing the probability of bodily injury and property damage, 2 make said area more accessible to emergency services,such as fire and police,and enhance and 3 promote aesthetic and environmental quality on or near the occupants of the real and personal 4 property by making access to said properties quicker, more efficient, and more inviting. 5 It is the intention of the City Council that this ordinance be enacted pursuant to the 6 City's police power for the construction of effective,safe,and attractive transportation facilities 7 as stated hereinabove. 8 9 Section 2. Confirmation of Areas and Costs. 10 The North Burlingame/Rollins Road Area is hereby divided into two areas of benefit: 11 (a)The Rollins Road Area of Benefit is hereby created,being within the boundaries of 12 the North Burlingame/Rollins Road Specific Plan Area located to the east of the railroad tracks 13 as shown in Figure 1-2 of the Specific Plan. It is determined that all property within this benefit 14 area will be benefitted by the construction of the public improvements set forth in the Rollins 15 Road Area of Benefit as described in the North Burlingame/Rollins Road Specific Plan. The 16 estimated construction costs of these improvements of$766,384, as prepared by the Public 17 Works Department and as set forth in the North Burlingame/Rollins Road Specific Plan, are 18 hereby confirmed. 19 (b) The El Camino Real North Area of Benefit is hereby created, being within the 20 boundaries of the North Burlingame/Rollins Road Specific Plan Area located to the west of the 21 railroad tracks as shown in Figure 1-2 of the Specific Plan. It is determined that all property 22 within this benefit area will be benefitted by the construction of the public improvements set 23 forth in the El Camino Real North Area of Benefit as described in the North Burlingame/Rollins 24 Road Specific Plan. The estimated construction costs of these improvements of$1,473,793,as 25 prepared by the Public Works Department and as set forth in the North Burlingame/Rollins 26 Road Specific Plan, are hereby confirmed. -� 27 28 3/21/2005 - 2 - I Section 3. Required Participation. 2 (a) All persons constructing new buildings or adding more than one thousand(1,000) 3 square feet of gross floor area to existing buildings within these areas of benefit are required to 4 participate in the system of regulatory charges hereinafter set forth to insure that all of the 5 objectives set forth in Section 1 are achieved. Additions shall only require the payment for the 6 added square footage of structure. Changes of use of or within existing buildings to a use 7 requiring a higher charge shall require payment for the floor area devoted to the new use. 8 (b)In addition,all persons constructing new buildings or adding more than one thousand 9 (1,000) square feet of gross floor area to existing buildings within these areas of benefit shall 10 purchase and install the streetscape improvements along all street frontages under the 11 streetscape program established pursuant to the North Burlingame/Rollins Road Specific Plan. 12 13 Section 4. Fees. 14 Fees are hereby established for all property within the North Burlingame/Rollins Road 15 Areas of Benefit; one-half of said fees shall be deposited with submittal of the project 16 assessment for traffic allocation or planning application to the Planning Department and the 17 remaining one-half shall be paid prior to the approval of final framing of buildings or additions 18 subject to this ordinance. In the case of a change of use within a building,the fee shall be paid 19 one-half at the time of application for a conditional use permit and one-half before scheduling 20 the final inspection of tenant improvements for the change in use; if no tenant improvements 21 are contemplated,the second one-half shall be paid within thirty 30)days of the approval fo the 22 conditional use permit. Any project which has submitted a project assessment or planning 23 application prior to the effective date of any amendment to this ordinance but has not received 24 a building permit,shall at the time of receiving the building permit,pay any difference between 25 the amount paid at the submittal of the project assessment or application and the amount of the 26 fee established by that amendment. These fees shall be in the following amounts: 27 28 3/21/2005 - 3 - I (a) Rollins Road Area of Benefit------------------------- $0.42 per square foot of building 2 3 (b) El Camino Real North Area of Benefit 4 (i) Multiple family dwelling or duplex use ---- $0.42 per square foot of building 5 (ii) Any use other than multiple family dwelling 6 or duplex ----------------------------------- $0.53 per square foot of building 7 8 Determination as to the appropriate classification of a use shall be determined by the City 9 Planner, subject to an appeal to the City Council filed no later than ten (10) days following 10 determination by the City Planner. An appeal must be in writing and filed with the City Clerk 11 within the required time period. Fees shall be annually reviewed beginning in 2006 and 12 adjusted to reflect the increase or decrease in the latest Engineering News Record Highway 13 Construction Cost Index,as of July 1 of each year. This fee adjustment shall not be applied to 14 a project for which the one-half deposit as provided above has been made. If a project does not 15 proceed to construction for reasons determined by the City Planner to be beyond the control of 16 the applicant, the portion of the development fee on deposit with the City may be returned to 17 the applicant. Planning and environmental fees will not be returned. 18 19 Section 5. Use of Funds. 20 All charges collected pursuant to this ordinance shall be placed in one of two special 21 funds, either the Rollins Road Benefit Area Fund or the El Camino Real North Benefit Area 22 Fund, as applicable under this ordinance. Payments from these funds shall be limited to costs 23 related to design,right of way acquisition,and roadway,pedestrian,landscaping,and circulation 24 improvements set forth in the North Burlingame/Rollins Road Specific Plan or for 25 reimbursement pursuant to the agreement of a property owner required to construct a portion 26 of said improvements, the construction costs of which exceed the charges which would -� 27 otherwise be required of said developer, and only for those improvements located in the 28 applicable area of benefit defined by this ordinance. Additionally,these funds may be used to 3/21/2005 - 4 - I reimburse the City for any City funds advanced for improvement or developer reimbursement 2 purposes in connection with the completion of the improvement work in the area of benefit if 3 the advanced City funds exceed more than 50 percent of actual costs of the improvements. 4 5 Section 6. This ordinance shall be published as required by law and shall take effect 6 sixty(60) days after its adoption. 7 Mayor 8 9 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 10 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 7'h 11 day of March,2005,and adopted thereafter at a regular meeting of the City Council held on the 12 day of , 2005, by the following vote: 13 AYES: COUNCILMEMBERS: 14 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 15 16 City Clerk 17 18 19 20 21 22 23 24 25 26 �.. 27 28 3/21/2005 - 5 - �A CITY o� 9a STAFF REPORT AGENDA ITEM # BUituN . . Burlingame Public Library MEETING DATE: 3/21/05 66 .m R.. JUNE 611 March 16, 2005 TO: Honorable Mayor and City Council SUBMITTED BY: FROM: Alfred Escoffier, City Librarian APPROVED BY: 9� SUBJECT: Recommendation of Public Art for the Library Recommendation: The Library Board of Trustees recommends that the City Council approve a request to accept and display the bronze sculpture "Boy Reading" given in memory of former Mayor and Councilwoman Gloria Barton. Background The Library has been offered a bronze statue "Boy Reading" for display in the library on a permanent basis. The statue measures approximately 37 inches high and 18 inches in diameter. In accordance with the newly adopted policy approved by City Council "Art in Public Places," the Library Board of Trustees has accepted this art work for display and decided on a location for it just outside the entry to the main library Children's Room. The Board of Trustees held a duly noticed public hearing on March 15, 2005, (published in the Burlingame Daily News for 3 days beginning March 1 , 2005) as prescribed by the city's policy, and is now recommending that the City Council approve the acceptance and installation of the "Boy Reading" art work. Library staff will work with the friends of Gloria Barton, represented by former Mayor and Councilman Mike Spinelli and his wife Ro Logrippo to move forward with the installation. A dedication of the statue will be held at a later date. Page 1 of 1 ;f§ t: r a� 8 L- y «a e a� bw— file://D:\Statuel.jpg i 8/9/04 ��6,CITY o� STAFF REPORT BURUNGAME AGENDA ITEM# 9b DATE 3/21/05 A,co.M1N[6. TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: March 11, 2005 APPROVED � 141avW00'_ FROM: Robert Bell, Human Resources Director BY SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE THE 1.5 YEAR AGREEMENT WITH ATHENS ADMINISTRATORS TO CONTINUE TO BE THE THIRD PARTY ADMINISTRATOR OF THE CITY'S SELF-INSURED WORKERS' COMPENSATION PROGRAM RECOMMENDATION: Adopt resolution authorizing the City Manager to execute the service agreement amendment with Athens Administrators to continue to be the Third Party Administrator for the City's Workers' Compensation Program. BACKGROUND INFORMATION: The City is self-insured up to $2,000,000 for claims in workers'compensation. As part of such a self-insurance program, the City retains a third-party administrator to review and manage each claim and ensure that State workers' compensation laws are met. The service agreement amendment increases the monthly charge for a third-party administration by 6% for a monthly cost of$9,733 the first year. In the second year, a 4%increase is reflected in the amendment. Athens Administrators has been the administrator for the City since January 4, 2001. Athens provides a high level of service in managing claims and interacting with injured workers and staff regarding workers' compensation issues. There are currently sixty active claims that are being handled by Athens and the City' s Human Resources Department. This is a reduction of twenty-three active open claims since taking over the account. The City has a total of twenty-nine future medical cases. These are claims that have been resolved but may require payment of future medical care if the injured worker has an exacerbation of the injury or illness. This is an increase of twenty future medical claims. This increase is due to the fact that once active claims have been closed and settled for future medical costs. Athens Administrators is located in Concord, California. They are the third-party administrators for the Cities of Palo Alto, Concord, Gilroy, and for the Marin County Risk Management Authority(9 Marin cities and towns) and the Fire Districts Association of California. BUDGET IMPACT: The cost of this contract is included in the current contract and will also be included in the FY 05/06 budget proposal that will be presented to Council in June. ATTACHMENTS: Resolution Amendment to Agreement RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING ATHENS ADMINISTRATORS TO CONTINUE TO BE THE THIRD PARTY ADMINISTRATOR OF THE CITY'S WORKERS` COMPENSATION PROGRAM UPON EXECUTION OF THE AMENDMENT TO AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT WITH ATHENS ADMINISTRATORS RESOLVED,by the City Council of the City of Burlingame: WHEREAS,the City wishes to retain an experienced firm to act as the City's Third Party Administrator of the City's self-insured workers compensation program; and WHEREAS, Athens Administrators is qualified and experienced for such a task and will provide the level of service and expertise that the City requires, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to sign and execute the amendment; 2. The Clerk is directed to attest to the signature of the Manager. MAYOR I, DORIS 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 March,2005, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Workers' Compensation Service Agreement Amendment Athens Administrators and the City of Burlingame hereby agree to amend the Workers Compensation Claims Administration Agreement of 1/10/03 as follows: Section(2) Term, first sentence shall now read... "The term of this contract shall be for a period of seventeen months commencing at 12:01 A.M. on February 1, 2005 to 12:00 A.M. June, 30,2006, unless terminated sooner as herein provided.... " Section(4.1) Service and Transition Fees (monthly charges), shall now read... "$9,733.00 2/1/2005 to 12/31/2005 $10,122.00 1/1/2006 to 6/30/2006" All other terms and condition of the Claims Administration Contract shall remain unchanged. IN WITNESS WHEREOF: The parties have hereto caused this Amendment to the Claims Administration Contract to be executed by their duly authorized representatives as of the day and year stated. City of Burlingame Signature Title Date ATHENS ADMINISTRATORS Signature Title: Chief Operations Officer Date i Workers' Compensation Service Agreement Amendment Athens Administrators and the City of Burlingame hereby agree to amend the Workers Compensation Claims Administration Agreement of 1/10/03 as follows: Section(2) Term, first sentence shall now read.._ "The term of this contract shall be for a period of seventeen months commencing at 12:01 A.M. on February 1, 2005 to 12:00 A.M_ June, 30,2006, unless terminated sooner as herein provided.... " Section(4.1) Service and Transition Fees(monthly charges), shall now read--- "$9,733.00 ead._."$9,733.00 2/1/2005 to 12/31/2005 $10,122.00 1/1/2006 to 6/30/2006" All other terms and condition of the Claims Administration Contract shall remain unchanged. IN WITNESS WHEREOF: The parties have hereto caused this Amendment to the Claims Administration Contract to be executed by their duly authorized representatives as of the day and year stated. City of Burlingame Signature Title City Manager James Nantell, Date ATHENS ADMINISTRATORS Signature Title: Chief Operations Officer Date A�� CITYo., STAFF REPORT BURLINGAME AGENDA 9c ITEM# $�Dq 000 MTG. RATED JUNE(' DATE March 21,2005 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITT 0*1 op BY DATE: March 15,2005 --(!!:! APPROV FROM: Jesus Nava, Finance Director/Treasurer BY SUBJECT: Resolution Authorizing The City Of Burlingame To J With Other Public Agencies As A Participant Of The California Asset Management Trust And To Invest In Shares Of The Trust And In Individual Portfolios RECOMMENDATION: That the City Council approve a Resolution authorizing the City of Burlingame to join with other public agencies as a participant of the California Asset Management Trust, to invest in shares of the Trust and individual shares. BACKGROUND: The Finance Department wants to take advantage of the increases in short-term interest rates to generate greater interest income for the 2004 Water and Sewer Revenue Bonds Construction Fund. As of the end of February 2005, the construction fund has a balance of$16.6 million. Currently the funds are deposited in the California Local Agency Investment Fund (LAIF). LAIF tends to lag the current market and does not reflect current market rates for securities. By authorizing CAMP as an investment vehicle, the City will be able to develop a securities portfolio for the bond proceeds that will generate additional interest income than LAIF. The Trust Agreement Between the Burlingame Financing Authority and Bank of New York Western Trust Company(Trustee) for the 2004 Water and Wastewater Revenue Bonds allows for "Any other investment approved by the bond issuer. " All securities that will be purchased as part of this agreement will be in strict compliance with the City of Burlingame's 2005 Investment Policy as adopted by the City Council. The California Asset Management Program (CAMP)was established in 1989 as a Joint Powers Authority (JPA) to provide California local governments with investment management services for the proceeds of municipal bond issues and related administrative services to ensure compliance with all aspects of the U.S. Treasury Department's arbitrage rebate regulations. In 1997, at the request of participants, CAMP also began managing general funds for California public entities as well. Currently CAMP has approximately$680 million in public agency assets under management. The Program consists of the California Asset Management Trust, a professionally managed money market portfolio, which offers daily liquidity and a competitive money market rate of return. The Trust is used for the temporary investment of funds pending their expenditure. As part of CAMP services, public agencies may also establish individual, professionally managed investment portfolios under separate contract with the program's investment advisor. The individual portfolios permit public agencies to have an investment portfolio tailored to their specific investment needs and objectives. ' The key benefits of the JPA are as follows: • Safety: Standard and Poor's, one of the nationally recognized rating agencies, reviews the assets of the Trust each week. For the Trust to maintain the "Aam" rating, the portfolio must meet certain credit rating standards and not exceed the average maturity allowed by S&P. In addition, a third-party custodian, the Bank of New York-Western Trust, holds all cash and securities. • Liquidity: The City may make withdrawals any time (same day if CAMP is notified by 9:00 a.m.) and there is no limit on the number of transactions. • Return on Investment: Competitive money market yields with interest earned daily and credited monthly. • Individually managed portfolios that can be invested solely in securities permitted by the City of Burlingame's investment policy or trust indenture. • Services to ensure compliance with Treasury Department's arbitrage regulations for bond proceeds including arbitrage tracking, expenditure tests, and annual estimates of rebate liability and rebate calculations on Installment Computation Dates. • Monthly portfolio reports A five-member board of highly respected California treasurers and finance directors governs CAMP. Public Financial Management provides day-to-day-portfolio management and program administrative services. PFM is a leading investment advisor providing investment services exclusively to the public sector. PFM has been serving public agencies for more than 20 years and currently manages more than $ 10 billion in public assets. As with all money market funds and with the State of California's pooled investment fund, LAIF, all expenses of the Trust are deducted from the yield. There are no out-of-pocket expenses for money invested in the Trust. The fee for individual portfolio management services is 10 basis points (1/10 of 1 %) of the assets under management for the first $25 million and 8 basis points (0.0008) for assets over $25 million. The CAMP Cash Reserve Portfolio is a long-established, very safe short-term investment alternative. FISCAL IMPACT: Becoming a participant of CAMP would allow the City of Burlingame to have another investment tool and to potentially have a higher yield for bond proceeds and other short-term investments. ATTACHMENTS : Resolution of the City Council of the City of Burlingame Authorizing The City of Burlingame To Join With Other Public Agencies As A Participant of the California Asset Management Trust And To Invest In Shares or The Trust And In Individual Portfolios Declaration of Trust, California Asset Management Program (CAMP), Dated November 25, 1996 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY OF BURLINGAME TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF THE CALIFORNIA ASSET MANAGEMENT TRUST AND TO INVEST IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Section 6502 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California(the "Joint Exercise of Powers Act") provides that, if authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties; and WHEREAS, under Section 6500 of the Joint Exercise of Powers Act, a"public agency" includes but is not limited to, any California county, county board of education, county superintendent of schools, city, city and county, public corporation, public district, regional transportation commission or state department or agency; and WHEREAS, public agencies which constitute local agencies, as that term is defined in Section 53630 of Title 5, Division 2, Part 1, Chapter 4, Article 2 of the Government Code of the State of California(the "California Government Code"), are authorized pursuant to Section 53601 and/or 53635 thereof to invest all money belonging to, or in the custody of, the local agency in certain specified investments; and WHEREAS, the California Asset Management Trust(the "Trust") was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989 and as subsequently amended(the "Declaration of Trust"), as a vehicle for public agencies to jointly exercise their common power to invest bond proceeds and other funds; and WHEREAS, pursuant to and in accordance with the Joint Exercise of Powers Act, the Public Agency desires to join the other public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which has been presented to this meeting; and WHEREAS, the City of Burlingame is a public agency as that term is defined in the Joint Exercise of Powers Act and a local agency as that term is defined in Section 53630 of the California Government Code; WHEREAS, the City of Burlingame is otherwise permitted to be a Participant of the Trust and to invest funds in the Trust and in the Individual Portfolios to be managed by the Investment Adviser to the Trust("Individual Portfolios"); and I WHEREAS, there has been presented to this meeting an Information Statement describing the Trust and the Individual Portfolios (the "Information Statement"); NOW,THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City of Burlingame shall join with other public agencies pursuant to and in accordance with the Joint Exercise of Powers Act by executing the Declaration of Trust and thereby becoming a Participant in the Trust, which Declaration of Trust is hereby approved and adopted. 2. The City Manager is hereby authorized to execute, and the City Clerk is hereby authorized to attest and deliver, the Declaration of Trust, in substantially the form presented at this meeting. 3. The City of Burlingame is hereby authorized to purchase shares in the Trust from time to time with available funds of the City, and to redeem some or all of those shares from time to time as such funds are needed. 4. The City of Burlingame is hereby authorized to invest available funds of the City of Burlingame from time to time in one or more Individual Portfolios managed by the Investment Adviser to the Trust and described in the Information Statement. 5. The appropriate officers, agents and employees of the City of Burlingame are hereby authorized and directed in the name and on behalf of the City of Burlingame to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of this Resolution. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a special 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 2 CALIFORNIA ASSET MANAGEMENT PROGRAM A PUBLIC JOINT POWERS AUTHORITY =;> .t y0'11�1s. S r6 505 MONTGOMERY STREET SUITE 800 SAN FRANCISCO CALIFORNIA 94111 PHONE 800 729-7665 FAX 415 982-4513 Table of Contents Page Page ARTICLE 1. Name,Purpose and Representations 1 ARTICLE VI. Shares of Beneficial Interest 10 Section 1.1. Name 1 Section 6.1. Beneficial Interest 10 Section 1.2. Purpose 2 Section 6.2. Rights of Participants 10 Section 1.3. Representations of the Participants 2 Section 6.3. Trust Only 11 Section 6.4. Register of Shares 11 ARTICLE II. Trustees 2 Section 6.5. Transfer of Shares 11 Section 2.1. Initial Trustees 2 Section 6.6. Notices 11 Section 2.2. Number,Qualification,Election Section 6.7. Approval Powers 12 and Term of Trustees 3 Section 6.8. Series of Shares 12 Section 2.3. Resignation and Removal 3 Section 2.4. Vacancies 3 ARTICLE VII. Redemptions 14 Section 7.1. Redemptions 14 ARTICLE III. Powers of Trustees 4 Section 7.2. Suspension of Right of Section 3.1. General 4 Redemption 14 Section 3.2, Investments 4 Section 7.3. Redemptions to Reimburse Trust Section 3.3. Legal Title 5 for Loss on nonpayment for Share Section 3.4. Issuance and Redemption of Shares 5 or for Other Charges 14 Section 3.5. Borrowing Money and Lending Section 7.4. Redemptions Pursuant to Constant Trust Property 5 Net Asset Value Policy 14 Section 3.6. Delegation and Committees 5 Section 7.5. Redemptions in Kind 15 Section 3.7. Collection and Payment 5 Section 7.6. Minimum Investment 15 Section 3.8. Expenses and Limits Thereon 6 Section 3.9. Litigation 6 ARTICLE VIII.Determination of Net Asset Value, Section 3.10. Manner of Acting and By-Laws 6 Net Income and Distributions 15 Section 3.11. Miscellaneous Powers 6 Section 8.1. By-Laws to Govern Net Asset,Net Income and Distribution Procedures 15 ARTICLE IV. Investment Advisory and Other Services to Trust 7 ARTICLE IX. Duration,Termination and Section 4.1. Investment Adviser and Amendment 15 Approval of Agreements 7 Section 9.1. Duration 15 Section 4.2. Other Activities of Investment Adviser 8 Section 9.2. Termination of Trust 16 Section 4.3. Other Services to the Trust 8 Section 9.3. Amendment Procedure 16 Section 9.4. Merger,Consolidation and Sale ARTICLE V. Limitations of Liability of of Assets 17 Participants,Trustees and Others 8 Section 5.1. No Personal Liability of Participants, ARTICLE X. Miscellaneous 17 Trustees and Others 8 Section 10.1. Governing Law 17 Section 5.2. Non-Liability and Indemnification Section 10.2. Counterparts 17 of Trustees and Others 9 Section 10.3. Adoption by California Section 5.3. Surety Bond Required 9 Public Agencies 17 Section 5.4. No Duty of Investigation and Notice Section 10.4. Certificates 17 in Trust Instruments 9 Section 10.5. Provisions in Conflict with Law or Section 5.5. Reliance on Experts 10 Regulations 18 Section 5.6. Immunity from Liability,Etc. 10 Section 10.6. Index and Headings for Section 5.7. Further Restriction of Duties and Reference Only 18 Liabilities 10 Section 10.7. Successors in Interest 18 THIS DECLARATION OF TRUST made as of December 15, 1989 by Monterey Peninsula Water Management District and Placer County, as Initial Participants, and amended as of November 25, 1996. WITNESSETH WHEREAS, Section 6502 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California(the"Joint Exercise of Powers Act")provides that"if authorized by their legislative or other governing bodies,two or more Public Agencies by agreement may jointly exercise any power common to the contracting parties;" WHEREAS, Section 6500 of the Joint Exercise of Powers Act defines "Public Agency" to include "any state department or agency, a county, county board of education, county superintendent of schools, city, public corporation, public district, or regional transportation commission of this state;" WHEREAS, the Initial Participants are both California Public Agencies and are both authorized to invest funds pursuant to the Government Code of the State of California; WHEREAS, the Initial Participants have been authorized by their legislative or other governing bodies, and desire to agree by this Declaration of Trust, to jointly exercise their common power to invest funds through creation of the California Asset Management Trust (the "Trust") as a separate entity under the Joint Exercise of Powers Act;and WHEREAS, the Initial Participants anticipate that other California Public Agencies may wish to become Participants by adopting and executing this Declaration of Trust and thus becoming parties to it (the Initial Participants and any subsequent participants being referred to herein as the "Participants"). NOW, THEREFORE, the Initial Participants hereby declare that all money and property contributed to the Trust established under this Declaration of Trust shall be held and managed in trust for the benefit of holders, from time to time, of the Shares of Beneficial Interest (the "Shares") issued hereunder and subject to the provisions hereof. ARTICLE I. NAME,PURPOSE AND REPRESENTATIONS Section 1.1. Name. The name of the trust created hereby is CALIFORNIA ASSET MANAGEMENT TRUST. So far as may be practicable, the Trustees shall conduct the Trust's activities, execute all documents and sue or be sued under that name, which name (and the word "Trust" wherever used herein) shall refer to the Trustees as Trustees, and not as individuals or I personally, and shall not refer to the officers, employees, agents or Participants of the Trust. If the Trustees determine that the use of that name is not advisable, they may use another designation or adopt another name under which the Trust may hold property or conduct its activities. The Trust shall constitute a separate public entity within the meaning of Section 6507 of the Joint Exercise of Powers Act. Section 1.2. Purpose. The purpose of the Trust is to provide California Public Agencies with an instrumentality or agency to pool their bond proceeds and other funds and to facilitate the investment of and accounting for such funds. Only Public Agencies of the State of California, authorized under the Joint Exercise of Powers Act or other applicable California statutes to enter into joint arrangements of this nature, may own Shares, and such California Public Agencies may purchase Shares only after their governing bodies have become Participants of this Trust by adopting and executing this Declaration of Trust. Section 1.3. Representations of the Participants. Each Participant represents and warrants to the other Participants,but only as to itself,as follows: (a) The Participant is duly organized and validly existing as a public agency of the State of California, as that term is defined in Section 6500 of the Joint Exercise of Powers Act, and has full legal right, power and authority to enter into this Declaration of Trust, to observe and perform its obligations hereunder and to invest its assets as provided herein; and by all necessary official actions the Participant has duly authorized and approved the execution hereof, the observance and performance of its obligations hereunder and the investment of its assets as provided herein. (b)This Declaration of Trust constitutes a legal,valid and binding obligation of the Participant enforceable against the Participant in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors rights generally, and by the application of equitable remedies in appropriate cases. ARTICLE II.TRUSTEES Section 2.1. Initial Trustees. By the execution of this Declaration of Trust, the Initial Participants appoint the following five individuals to serve as initial Trustees: Bruce Buel Earl Corin Nancy E. Hicks James S.Kennedy Robert C. Leland 2 Section 2.2. Number, Qualification, Election and Term of Trustees. The number of Trustees shall be fixed from time to time by resolution of the Trustees; provided, however, that the number of Trustees shall not be less than three and not greater than fifteen and shall not be less than the number of classes of California Public Agencies entitled to representation on the Board of Trustees as provided in the By-Laws. All Trustees shall be members of the governing body,officers or full-time employees of California Public Agencies. Other than the initial Trustees and Trustees named to fill vacancies as provided in Section 2.4., the Trustees shall be appointed by the Board of Trustees and approved annually by the Participants. Except in the event of resignations or removals pursuant to Section 2.3., each Trustee shall hold office until his or her successor is appointed and approved by the Board of Trustees and the Participants and qualified to serve as Trustee. Each Trustee shall either sign this Declaration of Trust or agree in writing to be bound by it. Section 2.3. Resignation and Removal. Any Trustee may resign his or her trust (without need for prior or subsequent accounting) by an instrument in writing signed by such Trustee and delivered to the other Trustees, and such resignation shall be effective upon such delivery, or at a later date according to the terms of the instrument. A Trustee who has ceased to be qualified as provided in the By-Laws, who has died,who has been judged incompetent or bankrupt,or for whom a guardian or conservator has been appointed, shall be deemed to have resigned as of the date of such disqualification, death, adjudication or appointment. Any Trustee may be removed, with or without cause, by the action of two-thirds of the remaining Trustees. Upon the resignation or removal of a Trustee,such former Trustee shall execute and deliver such documents as the remaining Trustees shall require for the purpose of conveying to the Trust or the remaining Trustees any Trust property held in the name of the resigning or removed Trustee. Upon the incapacity or death of any Trustee, his or her legal representative shall execute and deliver such documents as the remaining Trustees shall require as provided in the preceding sentence. The Superior Court of the City and County of San Francisco,California, may at the suit of any Participants holding at least 10% of the Shares, remove from office any Trustee in case of fraudulent or dishonest acts or gross abuse of authority or discretion with reference to the Trust and may bar from reelection any Trustee so removed for a period determined by the Court. Section 2.4. Vacancies. The term of office of a Trustee shall terminate and a vacancy shall occur in the event of the disqualification, death, resignation, removal, bankruptcy, adjudicated incompetence or other incapacity to perform the duties of the office of a Trustee. No such vacancy shall operate to annul this Declaration of Trust or to remove any existing agency created pursuant to the terms of this Declaration of Trust. In the case of an existing vacancy, including a vacancy existing by reason of an increase in the number of Trustees, the remaining Trustees shall fill such vacancy by the appointment of such other person as they in their discretion shall see fit and as is qualified as provided herein and in the By-Laws. If there shall be no remaining Trustee, any Participant may petition the Superior Court of the City and County of San Francisco to appoint a Trustee who is 3 qualified as provided herein and by the By-Laws. Any such appointment shall not become effective, however, until the person appointed shall have accepted in writing such appointment and agreed in writing to be bound by the terms of this Declaration of Trust. An appointment of a Trustee may be made in anticipation of a vacancy to occur at a later date by reason of resignation, provided that such appointment shall not become effective prior to such resignation. Whenever a vacancy in the number of Trustees shall occur, until such vacancy is filled as provided in this Section 2.4., the Trustees in office,regardless of their number, shall have all the powers granted to the Trustees and shall discharge all the duties imposed upon the Trustees by this Declaration of Trust. ARTICLE III. POWERS OF TRUSTEES Section 3.1. General. The Trustees shall have exclusive and absolute control over the Trust property and over the affairs of the Trust to the same extent as if the Trustees were the sole owners of the Trust property in their own right, but with such powers of delegation as may be permitted by this Declaration of Trust. The Trustees shall have power to conduct the affairs of the Trust and carry on its operations in any and all of its branches and maintain offices both within and without the State of California, and to do all such other things and execute all such instruments as the Trustees deem necessary, proper or desirable in order to promote the interests of the Trust although such things are not herein specifically mentioned. Any determination as to what is in the interests of the Trust made by the Trustees in good faith shall be conclusive. In construing the provisions of this Declaration of Trust,the presumption shall be in favor of a grant of a power to the Trustees. The enumeration of any specific power herein shall not be construed as limiting the aforesaid powers. Such powers of the Trustees may be exercised without order of or resort to any court.Notwithstanding the foregoing,the investment powers of the Trustees under this Declaration of Trust shall be subject to any restrictions upon the manner of exercising such powers imposed by the laws of the State of California, including Section 53635 of Title 5, Division 7, Part 1, Chapter 4, Article 2 of the Government Code on Placer County, as an Initial Participant. In the event that such Initial Participant(or any successor Participant designated as described below) ceases to be a party to this Declaration of Trust, the Trustees shall designate another Participant as a successor Participant for purposes of this Section. Section 3.2. Investments. The Trustees shall have the power to subscribe for, invest•in, reinvest in, purchase or otherwise acquire, own, hold, pledge, sell, assign, transfer, exchange, distribute, lend or otherwise deal in or dispose of investments of every nature and kind, provided such investment is (in the sole and absolute discretion of the Trustees) consistent with the investment objectives and policies set forth in the Trust's Information Statement, as most recently amended or supplemented, and to exercise any and all rights, powers and privileges of ownership or interest in respect of any and all such investments of every kind and description,including without limitation,the right to consent and otherwise act with respect thereto, with power to designate one or more persons, 4 firms, associations or corporations to exercise any of such rights, powers and privileges in respect of any of such investments. Section 3.3. Legal Title. Legal title to all the Trust property shall be vested in the Trustees as joint tenants, except that the Trustees shall have power to cause legal title to any Trust property to be held by or in the name of one or more of the Trustees, or in the name of the Trust, or in the name of any other person as nominee, on such terms as the Trustees may determine, provided that the interest of the Trust therein is appropriately protected. The right, title and interest of the Trustees in the Trust property shall vest automatically in each person who may hereafter become a Trustee. Upon the resignation, removal, incapacity, disqualification or death of a Trustee they shall automatically cease to have any right, title or interest in any of the Trust property, and the right, title and interest of such Trustee in the Trust property shall vest automatically in the remaining Trustees. Such vesting and cessation of title shall be effective whether or not conveyancing documents have been executed and delivered. Section 3.4. Issuance and Redemption of Shares. The Trustees shall have the power to issue, sell, repurchase, redeem, retire, cancel, acquire, hold, resell, reissue, dispose of, transfer, and otherwise deal in Shares and, subject to the provisions hereof, to apply to any such repurchase, redemption, retirement, cancellation or acquisition of Shares any funds or property of the Trust, whether capital or surplus or otherwise,to the full extent now or hereafter permitted by California law. Section 3.5. Borrowing Money and Lending Trust Property. Subject to applicable law, the Trustees shall have power to borrow money or otherwise obtain credit and to secure the same by mortgaging,pledging or otherwise subjecting as security the assets of the Trust,to endorse, guarantee, or undertake the performance of any obligation, contract or engagement of any other person and to lend Trust property. Section 3.6. Delegation and Committees. The Trustees shall have power to delegate from time to time to such of their number or to officers, employees or agents of the Trust the doing of such things and the execution of such instruments either in the name of the Trust or the names of the Trustees or otherwise as the Trustees may deem expedient, to the same extent as such delegation is permitted by law and consistent with the By-Laws. Section 3.7. Collection and Payment. The Trustees shall have power to collect all property due to the Trust; to pay all claims, including taxes, against the Trust property; to prosecute, defend, compromise or abandon any claims relating to the Trust property; to foreclose any security interest securing any obligation by virtue of which any property is owed to the Trust; and to enter into releases, agreements and other instruments. 5 Section 3.8. Expenses and Limits Thereon. The Trustees shall have the power to incur and pay any expenses which in the opinion of the Trustees are necessary or incidental to carry out any of the purposes of this Declaration of Trust. The Trustees shall fix the compensation of all officers and employees who are not Trustees. Section 3.9. Litigation. The Trustees shall have the power to engage in and to prosecute, defend, compromise, abandon, or adjust, by arbitration or otherwise, any actions, suits, proceedings, disputes, claims, and demands relating to the Trust or the Trust property, and, out of the Trust property,to pay or to satisfy any debts, claims or expenses incurred in connection therewith,including those of litigation, and such power shall include without limitation the power of the Trustees or any appropriate committee thereof, in the exercise of their or its good faith business judgment, consenting to dismiss any action, suit, proceeding, dispute, claim, or demand, derivative or otherwise, brought by any person, including a Participant in such Participant's own name or in the name of the Trust, whether or not the Trust or any of the Trustees may be named individually therein or the subject matter arises by reason of business for or on behalf of the Trust. Section 3.10. Manner of Acting and By-Laws. Except as otherwise provided herein or in the By-Laws, any action to be taken by the Trustees may be taken by a majority of the Trustees present at a meeting of Trustees (a quorum being present). The Trustees may adopt By-Laws not inconsistent with this Declaration of Trust to provide for the conduct of the affairs of the Trust and may amend or repeal such By-Laws. Section 3.11. Miscellaneous Powers. The Trustees shall have the power to: (a) employ or contract with such persons as the Trustees may deem desirable for the transaction of the affairs of the Trust; (b) to the extent permitted by law, enter into joint ventures, partnerships and any other combinations or associations; (c)remove Trustees or fill vacancies in or add to their number, elect and remove such officers and appoint and terminate such agents or employees as they consider appropriate, and appoint from their own number and others, and terminate, any one or more committees which may exercise some or all of the power and authority of the Trustees as the Trustees may determine; (d) purchase, and pay for out of Trust property, insurance policies insuring the Trustees, officers, employees, agents, Participants, investment advisers, distributors, or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such person against such liability; (e)to the extent permitted by law, indemnify any person with whom the Trust has dealings to such extent as the Trustees shall determine; (f) determine and change the fiscal year of the Trust and the method by which its accounts shall be kept; and (g) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust. In addition to these specific powers, the Trustees shall also have all other powers consistent with the Joint Exercise of Powers Act and the laws of California governing California business trusts 6 and reasonably necessary from time to time to carry out the purposes of the Trust as set forth in Section 1.2. ARTICLE IV. INVESTMENT ADVISORY AND OTHER SERVICES TO TRUST Section 4.1. Investment Adviser and Approval of Agreements. The Trustees are responsible for the general policies of the Trust and for such general supervision of the business of the Trust conducted by all officers agents, employees, advisers, managers or independent contractors of the Trust as may be necessary to insure that such business conforms to the provisions of this Declaration of Trust. However, the Trustees shall not be required personally to conduct all the business of the Trust, and consistent with their ultimate responsibility as stated above, the Trustees shall have the power to appoint, employ or contract with any person (including one or more of themselves or any corporation, partnership, or Trust in which one or more of them may be directors, officers, stockholders, partners or trustees) as the Trustees may deem necessary or proper for the transaction of the business of the Trust. The Trustees may in their discretion, from time to time, enter into an investment advisory or management contract whereby the other party to such contract shall undertake to furnish the Trust such management, investment advisory or supervisory, administrative, accounting, legal, statistical, research, and promotional facilities and services,and such other facilities and services, if any, as the Trustees may in their discretion determine. The Trustees may authorize the investment adviser to effect purchases, sales, loans or exchanges of portfolio securities of the Trust on behalf of the Trustees or may authorize any officer, employee or Trustee to effect such purchases, sales, loans or exchanges pursuant to recommendations of the investment adviser, all without further action by the Trustees. Any such purchases, sales, loans and exchanges shall be deemed to have been authorized by all of the Trustees. The Trustees shall have the power to determine the compensation and other terms of employment or contract of the investment adviser or any other person whom they may employ or with whom they may contract; provided, however, that any determination to employ or contract with any Trustee or any person of which a Trustee is an Affiliate, shall be valid only if made, approved or ratified by a majority of the Trustees who are not Affiliates of such person. The Trustees may exercise broad discretion in allowing the investment adviser to administer and regulate the operations of the Trust, to act as agent for the Trust, to execute documents on behalf of the Trustees, and to make decisions which conform to general policies and general principles previously established by the Trustees. For purposes of this Declaration of Trust and the By-Laws, Affiliate shall mean, as to any person, any other person who owns beneficially, directly or indirectly, 1% of the outstanding capital stock or equity interest of such person or of any other person who controls, is controlled by or is under common control with such person, or is an officer, retired officer, director, employee, partner or Trustee of such person or of any other person who controls, is controlled by or is under common control with such person. 7 Section 4.2. Other Activities of Investment Adviser. The investment adviser shall not be required to administer the investment activities of the Trust as its sole and exclusive function and may have other business interests and may engage in other activities similar or in addition to those relating to the Trust, including the rendering of services and advice to other persons and the management of other investments(including investments of the investment adviser and its Affiliates). The investment adviser shall be required to use its best efforts to present a continuing and suitable investment program to the Trust which is consistent with the investment policies and objectives of the Trust but neither the investment adviser nor any Affiliate of the investment adviser shall be obligated to present any particular investment opportunity to the Trust even if such opportunity is of a character which, if presented to the Trust, could be taken by the Trust, and, subject to the foregoing, shall be protected in taking for its own account or recommending to others any such particular investment opportunity. Section 4.3. Other Services to the Trust. The Trustees may from time to time in their discretion enter into contracts or agreements with independent contractors to carry out the following functions: (1) transfer agent and dividend disbursing agent; (2) administrator, to maintain the books and records of the Trust,to supervise all aspects of the Trust's operations, including periodic updating of the Trust's Information Statement, to prepare the Trust's tax returns and periodic reports to Participants,to compute the Trust's daily net asset value and yield,to provide office space, equipment and facilities necessary for the Trust's operations and to provide such other administrative services as the Trustees may require; (3) distributor, to act as the Trust's sales agent for the distribution of the Shares, (4) customer service agent, to provide information to California Public Agencies which are Participants or are interested in becoming Participants; (5) custodian bank, to hold all money and securities constituting the Trust property; (6) independent certified public accountants, to perform an annual audit and provide such other services as the Trustees may require, and (7) legal counsel. The foregoing specific list shall not prevent the Trustees from employing other persons to provide such advice, assistance or services as the Trustees may from time to time require to carry out the purposes of the Trust as set forth in Section 1.2. ARTICLE V. LIMITATIONS OF LIABILITY OF PARTICIPANTS,TRUSTEES AND OTHERS Section 5.1. No Personal Liability of Participants, Trustees and Others. No Participant shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust. Subject to Section 5.2., no Trustee, officer, employee or agent of the Trust shall be subject to any personal liability whatsoever to any person in connection with Trust property or the acts, obligations or affairs of the Trust, and all such persons shall look solely to the Trust property for satisfaction of claims of any nature arising in connection with the 8 affairs of the Trust. No Participant, Trustee, officer, employee, or agent, as such, of the Trust, made a party to any suit or proceeding to enforce any such liability, shall be held to any personal liability.The Trust shall indemnify and hold each Participant harmless from and against all claims and liabilities to which such Participant may become subject by reason of its being or having been a Participant and shall reimburse such Participant for all legal and other expenses reasonably incurred by it in connection with any such claim or liability; provided that such indemnity or reimbursement shall be made from assets (or proceeds thereof or income therefrom)of the one or more Series of Shares of the Trust in respect of which such claim or liability arose and not from the assets (or proceeds or income therefrom) of any other Series of Shares of the Trust. The rights accruing to a Participant under this Section 5.1. shall not exclude any other right to which such Participant may be lawfully entitled, nor shall anything herein contained restrict the right of the Trust to indemnify or reimburse a Participant in any appropriate situation even though not specifically provided herein. Section 5.2. Non-Liability and Indemnification of Trustees and Others. No Trustee, officer, employee or agent of the Trust shall be liable to the Trust, to its Participants, or to any Participant, Trustee, officer, employee or agent thereof for any action or failure to act (including without limitation the failure to compel in any way any former or acting Trustee to redress any breach of trust), except for its, his or her own bad faith, willful misfeasance, gross negligence or reckless disregard of duty. Each Trustee, officer, employee and agent of the Trust shall be indemnified as provided in the By-Laws and to the fullest extent provided by California law. Section 5.3. Surety Bond Required. The Trustees shall obtain a surety bond in such amounts and with such terms as they shall determine pursuant to Section 6505.1 of Title 1,Division 7, Chapter 5 of the Government Code of the State of California. Section 5.4. No Duty of Investigation and Notice in Trust Instruments. No purchaser, lender,transfer agent or other person dealing with the Trustees or any officer,employee or agent of the Trust shall be bound to make any inquiry concerning the validity of any transaction purporting to be made by the Trustees or by such officer, employee or agent or be liable for the application of money or property paid, loaned, or delivered to or on the order of the Trustees or of such officer, employee or agent. Every obligation, contract, instrument, certificate, Share or other security of the Trust and undertaking, and every other document executed in connection with the Trust, shall be conclusively presumed to have been executed or done by the executors thereof only in their capacity as Trustees under this Declaration of Trust or in their capacity as officers, employees or agents of the Trust.Every written obligation, contract, instrument, certificate, Share or other security of the Trust or undertaking made or issued by the Trustees shall recite that it is executed by them not individually, but as Trustees under this Declaration of Trust, and that the obligations of any such instruments are not binding upon any of the Trustees or Participants individually, but bind only the Trust property, but the omission of such recital shall not operate to bind the Trustees or Participants individually. 9 Section 5.5. Reliance on Experts. Each Trustee, officer and employee of the Trust shall, in the performance of his or her duties, be fully protected with regard to any act or any failure to act resulting from reliance in good faith upon the books of account or other records of the Trust, upon an opinion of counsel, or upon reports made to the Trust by any of its officers or employees or by the investment adviser, administrator, transfer agent, custodian, distributor accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees, officers or employees of the Trust. Section 5.6. Immunity from Liability, Etc. All of the privileges and immunities from liability, all exemptions from laws, ordinances and rules, and all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of Board members, officers, agents or employees of the Initial Participants and any additional Participants when performing their functions within the territorial limits of their respective Public Agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties associated with the Trust. Section 5.7. Further Restriction of Duties and Liabilities. Without limiting the foregoing provisions of this Article V, the Trustees, officers, employees, agents and Participants of the Trust shall in no event have any greater duties or liabilities than those imposed by applicable law as shall be in effect from time to time. ARTICLE VI. SHARES OF BENEFICIAL INTEREST Section 6.1. Beneficial Interest. The interest of the beneficiaries hereunder shall be divided into transferable units to be called Shares of Beneficial Interest, $0.01 par value (the "Shares"). The number of Shares authorized hereunder is unlimited. Except as otherwise provided in this Section 6.1. and in Section 6.8. hereof, each Share shall represent an equal proportionate share in the net assets of the Trust. Each Share of any Series shall represent an equal proportionate share in the assets of that Series with each other Share in that Series. The Trustees may divide or combine the shares of any Series into a greater or lesser number of shares of that Series without thereby changing the proportionate interests in the assets of that Series. There is hereby established and designated one Series of Shares to be known as the "Cash Reserve Portfolio" Series. Subject to the provisions of Section 6.8. hereof, the Trustees may authorize the creation of additional Series of Shares (the proceeds of which may be invested in separate, independently managed portfolios). All Shares issued hereunder, including, without limitation, Shares issued in connection with a dividend in Shares or a division of Shares, shall be fully paid and nonassessable. Section 6.2. Rights of Participants. The ownership of the Trust property of every description and the right to conduct the affairs of the Trust herein before described are vested 10 exclusively in the Trustees, and the Participants shall have no interest therein other than the beneficial interest conferred by their Shares, and they shall have no right to call for any partition, division, dividend or distribution of any property, profits, rights or interests of the Trust nor can they be called upon to assume any losses of the Trust or suffer an assessment of any kind by virtue of their ownership of Shares. The Shares shall be personal property giving only the rights specifically set forth in this Declaration of Trust. The Shares shall not entitle the holder to preference, preemptive, appraisal,conversion or exchange rights,except as the Trustees may determine. Section 6.3. Trust Only. It is the intention of the Trustees to create only the relationship of Trustee and beneficiary between the Trustees and each Participant from time to time. It is not the intention of the Trustees to create a general partnership, limited partnership,joint stock association, corporation bailment or any form of legal relationship other than a trust. Nothing in this Declaration of Trust shall be construed to make the Participants,either by themselves or with the Trustees,partners or members of a partnership or a joint stock association. Section 6.4. Register of Shares. A register shall be kept at the principal office of the Trust or at such place as the Trustees shall designate containing the names and addresses of all Participants and the number of Shares held by them respectively and a record of all transfers thereof. Such register shall be conclusive as to which California Public Agencies are the holders of the Shares and which California Public Agencies shall be entitled to receive distributions or otherwise to exercise or enjoy the rights of Participants.No Participant shall be entitled to receive payment of any distribution,nor to have rights given to it as herein or in the By-Laws provided, until its correct name and address has been given to the transfer agent or such other officer or agent of the Trustee as shall keep the register. The Trustees, in their discretion, may but need not authorize the issuance of Share certificates and promulgate appropriate rules and regulations as to their use. Section 6.5. Transfer of Shares. Shares shall be transferable on the records of the Trust only by the record holder thereof or by its agent thereunto duly authorized in writing, upon delivery to the transfer agent of a duly executed instrument of transfer, together with such evidence of the genuineness of each such execution and authorization and of other matters as may reasonably be required. Upon such delivery the transfer shall be recorded on the register of the Trust. Until such record is made, the Participant of record shall be deemed to be the holder of such Shares for all purposes hereunder and neither the Trustees nor any transfer agent nor any officer, employee or agent of the Trust shall be affected by any notice of the proposed transfer. No Shares may be transferred to a transferee other than a California Public Agency or the Trust itself. Any attempted transfer to any other person shall be void and of no effect. Section 6.6. Notices. Any and all notices and communications to which a Participant may be entitled shall be deemed duly given or made if delivered in person or mailed, postage prepaid, addressed to the Participant of record at its address as recorded on the register of the Trust. In 11 addition to any other notice or communication to which a Participant may be entitled, each Participant shall be entitled to notice of any amendment to this Declaration of Trust or of any matter which is approved by the Participants. Section 6.7. Approval Powers. The following matters alone shall require the approval of Participants: (i) the appointment of Trustees as provided in Section 2.2., (ii) liquidation of any Series as provided in Section 6.8.(e), (iii) termination of the Trust as provided in Section 9.2., (iv) amendment of this Declaration of Trust to the extent provided in Section 9.3., (v) merger, consolidation or sale of assets of the Trust as provided in Section 9.4., (vi)a change in the investment restrictions or fundamental policies set forth in the Information Statement, except as set forth therein, and (vii) such additional matters relating to the Trust as may be required by this Declaration of Trust or the By-Laws or as the Trustees may consider necessary or desirable.Participants shall be entitled to exercise such approval powers in proportion to the number of full and fractional Shares held. Shares shall not be cumulated for the purpose of approving Trustees. Until Shares are issued, the Trustees may exercise all rights of Participants and may take any action required by law, this Declaration of Trust or the By-Laws to be taken by Participants. The By-Laws may include further provisions for the approval of Participants and related matters. Section 6.8. Series of Shares. The following provisions are applicable regarding the Series of Shares of the Trust established and designated by Section 6.1. hereof and shall be applicable if the Trustees shall establish and designate additional Series as provided in that Section: (a) The number of shares of each Series that may be issued shall be unlimited. The Trustees may classify or reclassify any unissued shares of any Series or any shares previously issued and reacquired into one or more Series that may be established and designated from time to time. Shares reacquired by the Trust shall be canceled and restored to the status of authorized and unissued Shares undesignated as to Series. (b)All consideration received by the Trust for the issue or sale of Shares of a particular Series, together with all assets in which such consideration is invested or reinvested, all income, earnings, profits and proceeds thereof, including any proceeds derived from the sale, exchange or liquidation of such assets, and any funds or payments derived from reinvestment of such proceeds in whatever form the same may be, shall irrevocably belong to that Series for all purposes, subject only to the rights of creditors, and shall be so recorded upon the hooks of account of the Trust. In the event that there are any assets, income, earnings, profits, or proceeds thereof, or funds or payments which are not readily identifiable as belonging to any particular Series, the Trustees shall allocate them among any one or more of the Series established and designated from time to time in such manner and on such basis as they, in their sole discretion, deem fair and equitable. Each such allocation by the Trustees shall be conclusive and binding upon the Shareholders of all Series for all purposes. 12 (c) The assets belonging to each particular Series shall be charged with the liabilities of the Trust in respect of that Series, as will all expenses, costs, charges and reserves attributable to that Series, and any general liabilities, expenses, costs, charges or reserves of the Trust which are not readily identifiable as belonging to any particular Series shall be allocated and charged by the Trustees to and among any one or more of the Series established and designated from time to time in such manner and on such basis as the Trustees in their sole discretion deem fair and equitable. Each allocation of liabilities, expenses, costs, charges and reserves by the Trustees shall be conclusive and binding upon the Participants in all Series for all purposes. (d)All dividends and distributions on Shares of a particular Series shall be distributed pro rata to the holders of that Series in proportion to the number of Shares of that Series held by such holders at the date and time of record established in the By-Laws for the payment of such dividends or distributions. (e) In the event of the liquidation of a particular Series,the Participants in that Series which is being liquidated shall be entitled to receive, when and as declared by the Trustees, the excess of the assets belonging to that Series over the liabilities belonging to that Series. The holders of Shares of any Series shall not be entitled thereby to any distribution upon liquidation of any other Series. The assets so distributable to the Participants in any Series shall be distributed among such Participants in proportion to the number of Shares of that Series held by them and recorded on the books of the Trust. The liquidation of any particular Series in which there are Shares then outstanding may be authorized by an instrument in writing, without a meeting, signed by a majority of the Trustees then in office, subject to the affirmative vote of a majority of the outstanding voting securities of that Series. (f) The Trustees shall have the authority to provide that the holders of Shares of any Series shall have the right to convert or exchange such Shares for or into Shares of one or more other Series in accordance with such requirements and procedures as may be established by the Trustees. (g) The Trustees shall have the power to determine the designations, preferences, privileges, limitations and rights, including approval and dividend rights, of each Series of Shares. Subject to the provisions of this Section 6.8., all Shares of all Series shall have identical rights and privileges, except insofar as variations thereof among Series shall have been determined and fixed by the Trustees. (h)The establishment and designation of any Series of Shares in addition to those established and designated in Section 6.1. Hereof shall be effective upon the execution by a majority of the then Trustees of an instrument setting forth such establishment and designation and the relative rights, preferences, approval powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption of such Series or as otherwise provided in such instrument. At any time that there are no shares outstanding of any particular Series previously established and designated, the Trustees may by an instrument executed by a majority of their number abolish that Series and the 13 establishment and designation thereof. Each instrument referred to in this paragraph shall constitute an amendment to this Declaration of Trust. ARTICLE VII.REDEMPTIONS Section 7.1. Redemptions. In case any Participant at any time desires to dispose of its Shares,it may deposit a written request or other such form of request as the Trustees may from time to time authorize,at the office of the transfer agent or at the office of any bank or trust company, either in or outside of California which is a member of the Federal Reserve System and which the transfer agent has designated in writing for that purpose, to have the Shares redeemed by the Trust at the net asset value thereof per Share next determined after such deposit as provided in the By-Laws. Payment for redemption shall be made to the Participant within the number of business days specified in the Trust's current Information Statement, unless the date of payment is postponed pursuant to Section 7.2.hereof, in which event payment may be delayed beyond such period. Section 7.2. Suspension of Right of Redemption. The Trustees may declare a suspension of the right of redemption or postpone the date of payment or redemption for the whole or any part of any period (i) during which the New York Stock Exchange is closed other than customary weekend and holiday closings, (ii) during which trading on the New York Stock Exchange is restricted, or (iii) during which an emergency exists as a result of which disposal by the Trust of securities owned by it is not reasonably practicable or it is not reasonably practicable for the Trust fairly to determine the value of its net assets. Such suspension shall take effect at such time as the Trustees shall specify but not later than the close of business on the business day next following the declaration of suspension, and thereafter there shall be no right of redemption or payment on redemption until the Trustees shall declare the suspension at an end, except that the suspension shall terminate in any event on the first day on which the New York Stock Exchange shall have reopened or the period specified in(ii)or(iii) shall have expired (as to which the determination of the Trustees shall be conclusive). In the case of a suspension of the right of redemption, a Participant may either withdraw its request for redemption or receive payment based on the net asset value existing after the termination of the suspension. Section 7.3. Redemptions to Reimburse Trust for Loss on Nonpayment for Shares or for Other Charges. The Trustees shall have the power to redeem Shares owned by any Participant to the extent necessary(i)to reimburse the Trust for any loss it has sustained by reason of the failure of such Participant to make full payment for Shares purchased by such Participant, or(ii)to collect any charge relating to a transaction effected for the benefit of such Participant which is applicable to Shares as provided in the Information Statement. Any such redemption shall be effected at the redemption price determined in accordance with Section 7.1. hereof. Section 7.4. Redemptions Pursuant to Constant Net Asset Value Policy. The following provisions shall apply to any Series of Shares of the Trust during any period that the 14 Trustees, in their discretion, establish a policy of maintaining a constant net asset value per Share. If for any reason the net income of the Trust attributable to such Series shall, at the time of any determination thereof in accordance with Section 8.1. hereof, be a negative amount, then the Trustees shall have power to cause the number of outstanding Shares of such Series to be reduced by requiring each Participant to contribute to the capital of the Trust such Participant's proportionate part of the total number of Shares of such Series which have an aggregate current net asset value equal as nearly as may be practicable to the negative amount of the Trust's net income.Each Participant,by becoming a registered holder of Shares,agrees to make any such contribution which may be required. Section 7.5. Redemptions in Kind. Payment for Shares redeemed pursuant to Section 7.1. may, at the option of the Trustees, or such officer or officers as they may duly authorize for the purpose, in their complete discretion be made in cash, or in kind, or partially in cash and partially in kind. In case of payment in kind, the Trustees, or their delegate, shall have absolute discretion as to what security or securities shall be distributed in kind and the amount of the same, and the securities shall be valued for purposes of distribution at the figure at which they were appraised in computing the net asset value of the Shares. Section 7.6. Minimum Investment. The Trustees shall have the power to fix the minimum investment for Participants expressed in dollars or Shares, or both. Whenever a Participant's investment is less than the minimum established by the Trustees,the Trustees may redeem the Shares of such Participant, provided thirty days prior notice is given to such Participant. If the Trustees change the minimum investment to an amount greater than the investment of any Participant at the time that such change becomes effective, the investment of such Participant shall not be redeemed without such Shareholder's consent. ARTICLE VIII. DETERMINATION OF NET ASSET VALUE,NET INCOME AND DISTRIBUTIONS Section 8.1. By-Laws to Govern Net Asset, Net Income and Distribution Procedures. The Trustees, in their absolute discretion, may prescribe and shall set forth in the By-Laws such bases and times for determining the per Share net asset value of the Shares,the net income of the Trust, and the declaration and payment of distributions, as they may deem necessary or desirable. ARTICLE IX.DURATION,TERMINATION AND AMENDMENT Section 9.1. Duration. The Trust shall continue without limitation of time but subject to the provisions of this Article IX. 15 Section 9.2. Termination of Trust. (a) The Trust may be terminated by the vote of the majority of the authorized Trustees, subject to approval by the approval of the holders of not less than two-thirds of the Shares outstanding.Upon the termination of the Trust: (i)The Trust shall carry on no activities except for the purpose of winding up its affairs; (ii)The Trustees shall proceed to wind up the affairs of the Trust and all of the powers of the Trustees under this Declaration of Trust shall continue until the affairs of the Trust shall have been wound up, including the power to fulfill or discharge the contracts of the Trust, collect its assets, sell, convey, assign, exchange, transfer or otherwise dispose of all or any part of the Trust property to one or more persons at public or private sale for consideration which may consist in whole or in part of cash, securities or other property of any kind, discharge or pay its liabilities, and do all other acts appropriate to liquidate its business; provided that any sale, conveyance, assignment, exchange, transfer or other disposition of all or substantially all the Trust property shall require approval in accordance with Section 9.4.hereof;and (iii)After paying or adequately providing for the payment of all liabilities,and upon receipt of such releases, indemnities and refunding agreements as they deem necessary for their protection, the Trustees may distribute the remaining Trust property, in cash or in kind or partly in cash and partly in kind,among the Participants according to their respective beneficial interests. (b) After termination of the Trust and distribution to the Participants as herein provided, a majority of the Trustees shall execute and lodge among the records of the Trust an instrument in writing setting forth the fact of such termination, and the Trustees shall thereupon be discharged from all further liabilities and duties hereunder, and the rights and interests of all Participants shall thereupon cease. Section 9.3. Amendment Procedure. (a)This Declaration of Trust may be amended by the vote of the Trustees, subject to approval of such amendment by a majority of the Shares outstanding and by a majority of the Shares of any Series affected by such amendment. The Trustees may also amend this Declaration of Trust without such Participant approval to change the name of the Trust or any Series, to establish and designate additional Series,to supply any omission herein or to correct or supplement any ambiguous,defective or inconsistent provision hereof, or if they deem it necessary,to conform this Declaration of Trust to the requirements of applicable laws or regulations or to eliminate or reduce any taxes which may be payable by the Trust or the Participants, but the Trustees shall not be liable for failing to do so. (b) No amendment may be made under this Section 9.3. which would change any rights with respect to any Share by reducing the amount payable thereon upon liquidation of the Trust or by diminishing or eliminating any approval rights pertaining thereto,except with the vote of a majority of the authorized Trustees and the approval of the holders of two-thirds of the Shares outstanding and 16 the holders of two-thirds of the Shares of any Series affected by such amendment. Nothing in this Declaration of Trust shall permit its amendment to impair the exemption from personal liability of the participants, Trustees, officers, employees and agents of the Trust or to permit assessments upon Participants. (c)A certificate signed by a majority of the Trustees setting forth an amendment and reciting that it was duly adopted by the Trustees and/or by the Participants or a copy of the Declaration of Trust as amended, and executed by a majority of the Trustees, shall be conclusive evidence of such amendment when lodged among the records of the Trust. Section 9.4. Merger, Consolidation and Sale of Assets. To the extent permitted by law,the Trust may merge into or consolidate with any other corporation, association, trust or other organization or may sell, lease or exchange all or substantially all of the Trust property, including its good will, upon such terms and conditions and for such consideration when and as authorized by vote of a majority of the authorized Trustees and approved by the holders of two-thirds of the Shares outstanding and by the holders of two-thirds of the Shares of any Series affected. ARTICLE X.MISCELLANEOUS Section 10.1. Governing Law. This Declaration of Trust is executed by the Initial Participants and delivered in the State of California and with reference to the laws thereof, and the rights of all parties and the validity and construction of every provision hereof shall be subject to and consented according to the laws of the State of California. Section 10.2. Counterparts. This Declaration of Trust may be simultaneously executed in several counterparts,each of which shall be deemed to be an original, and such counterparts,together, shall be constituted one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. Section 10.3. Adoption by California Public Agencies. A Public Agency of the State of California may become a Participant of this Trust by taking appropriate action to adopt this Declaration of Trust, furnishing the Trust with satisfactory evidence that such action has been taken, and signing a counterpart of this Declaration of Trust. A copy of this Declaration of Trust may be adopted through incorporation by reference into an ordinance or resolution of such Public Agency,and a certified copy of such ordinance or resolution shall constitute satisfactory evidence of adoption contemplated by this Section. Section 10.4. Certificates. Any certificate executed by an individual who, according to the records of the Trust, appears to be a Trustee hereunder, or Secretary or Assistant Secretary of 17 the Trust,certifying to:(a)the number or identity of Trustees or Participants,(b)the due authorization of the execution of any instrument or writing, (c)the form of any vote passed at a meeting of Trustees, (d)the number of Trustees present or voting at any meeting, (e)the form of any By-Laws adopted by or the identity of any officers elected by the Trustees, or(f)the existence of any fact or facts which in any manner relate to the affairs of the Trust, shall be conclusive evidence as to the matters so certified in favor of any person dealing with the Trustees and their successors. Section 10.5. Provisions in Conflict with Law or Regulations. (a) The provisions of this Declaration of Trust are severable,and if the Trustees shall determine, with the advice of counsel,that any of such provisions is in conflict with applicable laws and regulations, the conflicting provisions shall be deemed superseded by such laws or regulations to the extent necessary to eliminate such conflict;provided,however,that such determination shall not affect any of the remaining provisions of this Declaration of Trust or render invalid or improper any action taken or omitted prior to such determination. (b) If any provision of this Declaration of Trust shall be held invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall pertain only to such provision in such jurisdiction and shall not in any manner affect such provision in any other jurisdiction or any other provision of this Declaration of Trust in any jurisdiction. Section 10.6. Index and Headings for Reference Only. The index and headings preceding the text, articles and sections hereof have been inserted for convenience and reference only and shall not be construed to affect the meaning,construction or effect of this Declaration of Trust. Section 10.7. Successors in Interest. This Declaration of Trust and the Bylaws shall be binding upon and inure to the benefit of the undersigned Initial Participants and their successors, assigns, heirs, distributees and legal representatives, and every Participant and its successors, assigns, heirs,distributees and legal representatives. 18 IN WITNESS WHEREOF, the undersigned have executed this Declaration of Trust as of the date first herein above set forth. MONTEREY PENINSULA WATER PLACER COUNTY MANAGEMENT DISTRICT By:/s/Dick Heuer By:/s/Alex Ferreira Name:Dick Heuer Name:Alex Ferreira Title:Chairman Title:Chairman,Board of Supervisors The undersigned Public Agency hereby represents that the governing body of the undersigned has duly adopted by appropriate action the Declaration of Trust of the California Asset Management Trust (the "Trust') dated as of December 15, 1989, and amended as of November 25, 1996; hereby executes such Declaration of Trust and, by such execution, hereby becomes a party to and Participant of the Trust and agrees to be bound by all the provisions of the Declaration of Trust. Date: Public Agency: By: Name: Title: 19 ALA- AR" CALIFORNIA ASSET MANAGEMENT PROGRAM A PUBLIC JOINT POWERS AUTHORITY 505 MONTGOMERY STREET SUITE 800 SAN FRANCISCO CALIFORNIA 94111 PHONE 800 729-7665 FAX 415 882-4513 '"'California Asset Management Program is a Service Mark of the California Asset Management Trust 'l CITY o� STAFF REPORT BURLINGAME AGENDA ITEM# 9d MTG. 9 DATE 3/21/05 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE� _ BY DATE: March 14, 2005 APPROVE FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Resolution Ordering and Calling a General Municipal Election to be held November 8, 2005 RECOMMENDATION: To approve the attached resolution ordering and calling a general municipal election to be held in the City of Burlingame on November 8, 2005, requesting the services of the Registrar of Voters, requesting consolidation of elections, and specifying certain procedures for the consolidated election; requiring payment of prorated costs of candidates' statements; and providing for giving notice of election. BACKGROUND: In November of odd-numbered years the City of Burlingame holds an election. This year three council seats and one city clerk seat are up for election. The incumbents for election are Mayor Galligan, Vice Mayor Baylock, Councilwoman O'Mahony and City Clerk Doris Mortensen. The filing period for nomination papers and candidate statements is from July 18 to August 12, 2005. EXHIBIT: Resolution BUDGET IMPACT: As of March 3, 2005, there were 16,278 registered voters in the City of Burlingame. Since the November 8, 2005 election is consolidated with other jurisdictions, the San Mateo County Election Office has recommended a cost estimate of$2 per registered voter. Total budget impact is estimated at $31,000. RESOLUTION NO. RESOLUTION OF THE CITY OF BURLINGAME ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF BURLINGAME ON NOVEMBER 8, 2005; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, REQUESTING CONSOLIDATION OF ELECTIONS, AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; REQUIRING PAYMENT OF PRORATED COSTS OF CANDIDATES' STATEMENTS; AND PROVIDING FOR GIVING NOTICE OF ELECTION RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Burlingame Ordinance No. 1219 provides that the general municipal election for the City of Burlingame shall be held on the first Tuesday after the first Monday in November of each odd-numbered year; and WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a general municipal election may be consolidated with an election in another public district; and WHEREAS, elections in public districts will be held on November 8, 2005, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. A general municipal election is hereby called to be held in and for the City of Burlingame on Tuesday, November 8, 2003, to elect three (3) Council Members and a City Clerk, each for a full term of four(4) years. 2. Pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of San Mateo to make available the services of the County Clerk as County Elections Official for the purpose of performing the usual services necessary in the conduct of the consolidated general municipal election, including the provision of election supplies and voters' pamphlets. 3. Pursuant to the Elections Code commencing with Section 10400, the City Council hereby requests the Board of Supervisors of the County of San Mateo to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Burlingame on November 8, 2005, with respect to which the Board of Supervisors of the County 1 of San Mateo has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the elections in public districts to be held the same day. Upon consolidation , the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the County Clerk of the County of San Mateo in accordance with the provisions of law regulating the elections so consolidated. 4. The City Clerk is hereby authorized and directed to publish a notice of the general municipal election within the time and in the manner specified in Elections Code Section 12101. The City Clerk is further authorized and directed to do all other things required by law to hold the general municipal election above provided. 5. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate's statement not to exceed two hundred (200) words in length in the voters' pamphlets, the actual prorated costs of printing, handling, and translating the candidates statement incurred by the City of Burlingame. The City Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated pro rated share at the time the candidate statement is filed. 6. Pursuant to Section 10228 of the Elections Code and Burlingame Municipal Code section 2.20.020, the filing fee for the processing of the nomination papers by the City is $25.00. 7. The City Clerk is hereby authorized and directed to certify to the adoption of this resolution and to transmit a certified copy to the Board of Supervisors of the County of San Mateo and to the County Clerk of the County of San Mateo. MAYOR I, DORIS 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 2 of , 2005, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK C:\FILES\Elections\ELECTCALL2005.RES.wpd 3 CITY c- AGENDA 9e ITEM# BURLJNGAME MTG. DATE March 21, 2005 STAFF REPORT TO: Honorable Mayor and City Council Members SUBMITTED BY: Chief of Police DATE: March 15,2005 _ APPROVED & oe FROM: Chief of ofice BY: SUBJECT: Adopt resolution to authorize certain city employees to limit access of state and local criminal history information for employment,licensing and certification purposes RECOMMENDATION: Adopt a resolution authorizing the city attorney, code enforcement officer and Human Resources personnel (during the course and scope of their official duties with the city)to limited access of state and local criminal history information for employment, licensing and certification purposes. BACKGROUND: The California Penal Code specifies what agencies and personnel are authorized by law to receive summary criminal history information. The Penal Code also restricts the dissemination of that information. Generally speaking, law enforcement officers are authorized by law to obtain and view summary criminal history information in the performance of their official duties. Other categories of city or county employees are restricted from the use of summary criminal history information for employment, licensing or certification, unless authorized by a city council or other governing board. California Penal Code Section 11105(b)(10)authorizes that, "any city or county, or city and county, or district, or any officer, or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county or district if the criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specific criminal conduct." Certain categories of city or county employees, such as the city attorney, code enforcement officer and human resources personnel, require authorization to limited access of state and local criminal history information for employment, licensing or certification purposes during the performance of their official duties. However, prior to being granted access to this information,the city council must first approve of the request by adopting a resolution allowing these categories of employees to receive the information. The request must then be sent to the California State Department of Justice for final authorization and approval. This resolution will supersede a similar resolution adopted in 1992. Attachments: Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING LIMITED ACCESS TO CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT AND LICENSING PURPOSES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Penal Code sections 11105(b)(10) and 13300(b)(10) authorize the City to access State and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code sections 11105(b)(10) and 13300(b)(10) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code sections 11105(b)(10) and 13300(b)(10) require the City Council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The City Attorney and the Code Compliance Officer are hereby authorized to access summary criminal history information for employment, licensing, or certification purposes. 2. The Human Resources Director and persons employed in the Human Resources Department. 3. The City of Burlingame shall not consider a person who has been convicted of a felony or a misdemeanor involving moral turpitude eligible for employment or licensing; except that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment or license in question. MAYOR I,DORIS 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 BURLINGAME STAFF REPORT AGENDA 9f ITEM# MTG. 3/21/05 DATE TO: HONORABLE MAYOR AND CITY COUNCIL sus TIED BY i Cl 2� DATE: March 13, 2005 APPRO FROM: Parks & Recreation Director (558-7307) BY sumcr: APPROVAL OF RESOLUTION TO APPROVE A EMENT WITH THE BURLINGAME AQUATICS CLUB TO CONDUCT AQUATICS PROGRAMS RECOMMENDATION: It is recommended that Council approve the agreement with the Burlingame Aquatics Club to conduct aquatics programs. BACKGROUND: The City of Burlingame and the San Mateo Union High School District jointly operate the Burlingame Aquatic Center at Burlingame High School. For the past few years, the City has had an Agreement with the Burlingame Aquatics Club, a local non-profit organization, to host the competitive aquatics programs at the facility—youth and adult swim teams. This Agreement, combined with the City's wide array of non-competitive aquatics programs (swim lessons, exercise classes, lap swim, recreation swim, etc.), has provided the community with a full complement of quality aquatics programs at the Aquatics Center. The last Agreement with the Aquatics Club called for the City to receive $20,000 per year as compensation for a certain amount of guaranteed Club time at the facility. The additional compensation in this Agreement reflects the increased guaranteed usage necessary for the Club to maintain its current level of programming. Other changes included in this Agreement from the previous are: • Club has permission to sell food/drink and aquatics related during City and Club use • City will provide Club with T-1 line,two phone lines with local service, six voice mail boxes and standard DSL line • Club has its own office space at the pool • Club is allowed to have three half day(five hours or less) events each year BUDGET IMPACT: The Aquatics Club will pay the City of Burlingame $28,000 for the first year of the Agreement, $36,000 for the second and the parties will meet in 2007 to discuss the compensation for year three. It is the intent of both parties that the compensation for year three will be based upon any change to the Club's pool usage and the change in the Bay Area CPI since April 1, 2005. ATTACHMENTS: A. Resolution approving agreement for conducting aquatics programs. B. Agreement for the Provision of Certain Aquatic Programs at the Burlingame Aquatic Facility RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING NEW THREE-YEAR AGREEMENT WITH BURLINGAME AQUATIC CLUB,INC. FOR THE PROVISION OF CERTAIN AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC FACILITY RESOLVED,by the City Council of the City of Burlingame: WHEREAS, in 2001,the City entered into an agreement with the Burlingame Aquatic Club to conduct programs at the Burlingame High School Aquatic Center; and WHEREAS, a revised agreement was approved in 2003; and WHEREAS,the Burlingame Aquatic Club, Inc. has been successful in generating interest in aquatics programs and providing learning, training, and competitive opportunities for Burlingame citizens; and WHEREAS, a new agreement would continue to provide those specified services under revised terms and be in the public interest, NOW, THEREFORE,IT IS RESOLVED AND ORDERED: 1. The City Manager is authorized and directed to execute the Agreement for the Provision of Certain Aquatic Programs at the Burlingame Aquatic Facility as contained in Exhibit A hereto. 2. The Clerk is directed to attest to the signature of the Manager. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a special 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 AGREEMENT FOR THE PROVISION OF CERTAIN AQUATIC PROGRAMS AT THE BURLINGAME AQUATIC FACILITY THIS AGREEMENT made and entered into as of this_day of , 2005,by and between the CITY OF BURLINGAME(hereinafter"City"), a municipal corporation, and THE BURLINGAME AQUATIC CLUB, INC., a California non-profit, public benefit corporation(hereinafter "Club"). WHEREAS, the San Mateo Union High School District(hereinafter"District")owns an aquatic facility existing on the campus of Burlingame High School (hereinafter"BHS"), located at One Mangini Way, Burlingame, California; and WHEREAS, City has an agreement with District which requires City to provide recreational, instructional and competitive aquatics programs at the facility; and WHEREAS, City desires to contract with an organization to operate some of these aquatic programs; and WHEREAS, Club is a non-profit organization independent of the City and not affiliated with the City in any way; and WHEREAS, Club provides youth and adult aquatic program offerings on a year around basis; and WHEREAS, Club is willing to provide the services described in this Agreement pursuant to the terms of this Agreement, NOW,THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows: 1. Definitions 1.1. Auditor. "Auditor"means a member(s)of the accounting staff of City, its representatives and staff of the third parties hired by City to perform audit and inspection services. 1.2. Aquatic Facility. "Aquatic Facility"is the area of BHS designated for aquatic activities. The area contains two swimming pools(1 - 50 meters x 25 yards, 1 -45 feet x 20 feet), City locker/shower facilities, concession stand, and mechanical room and offices. 1 1.3. Club Swim Activities. "Club Swim Activities"means Masters Swimming,Age Group Club Swim Team,Pre- Competition Swimming,Masters Water Polo, and Age Group Water Polo. These activities do not include any programs or teams sponsored by the District or any of District's schools. 1.4. City Manager. "City Manager" means the City Manager of the City of Burlingame and any of City Manager's authorized representatives. 1.5. District. "District"is the San Mateo Union High School District, owner of BHS and the real property at One Mangini Way, Burlingame, California, including the Aquatic Facility. 1.6. Executive Director. "Executive Director" is the person assigned by the Club to oversee Club Swim Activities. 1.7. Premises. "Premises" is the area occupied by the Aquatic Facility. 1.8. Snack Shack. "Snack Shack"is the kitchen area of the Aquatic Facility containing counter space, cupboards, a refrigerator, freezer and windows for selling consumable products. 2. Scope of Services The scope of services to be provided by the Club under the terms of this Agreement shall be the Community Pre-Competition Swimming,Age Group Club Swimming, Age Group Club Competitive Water Polo,Masters Swimming, and Masters Water Polo. 2.1. Individual Swim Lessons. Club is authorized to provide individual swim lessons to only Club members at the Aquatic Facility,but only at such time and as specified as the Club and the City may agree upon in writing. 2.2 BAC Exclusivity. Club is the exclusive provider of the aforementioned programs and the City agrees not to rent pool space more frequently than once per week to any other party that may provide these same programs without prior consent from the Club. 2 3. Pricing, Sales and Promotion 3.1. Pricing. Club will have the right to charge competitive prices for the same or similar services at equivalent swim centers in the Peninsula area. Standard fees will be displayed and no one shall be given a hidden or preferential discount. Membership in the Club shall not be a precondition for enrolling or participating in any Club Swim Activity under this Agreement. 3.2. Merchandise Sales. Club may display aquatics-related merchandise and Club apparel for sale during its operation of the Snack Bar, and can also offer aquatics-related merchandise and Club and meet t-shirts for sale during swim meets that it conducts. The Club can also deliver merchandise to persons at the Aquatic Facility who have ordered the merchandise in advance. Club shall not allow any other vendors to use this authority without the express written permission of the City. 3.3. Seasonal Snack Bar Sales. The Club may operate the Snack Bar during the conduct of Club Swim Activities. The Club may also operate the Snack Bar during City-conducted swimming programs unless the City has provided Club with at least thirty(30)days notice that the City or another person or organization is being authorized to operate the Snack Bar. In operating the Snack Bar,the Club shall do the following: 3.3.1. Club will adhere to all Aquatics Facility rules in the operation of the Snack Shack. City reserves the right to restrict the sale of any item due to health, safety or maintenance issues. Examples include items in glass containers,alcoholic beverages,gum, sunflower seeds and peanuts. 3.3.2. Before posting any signage on the Snack Shack,Club shall obtain approval of the signage from the City. 3.3.3. Other groups, such as BHS Boosters, shall have the right to operate the Snack Shack during events and activities that are not Club Swim Activities nor City-conducted swimming programs. 4. Club Management Club understands that the purpose of this Agreement is to provide services to the citizens of the City. Therefore, Club shall conduct Club's service in a businesslike,efficient,courteous, and accommodating manner consistent with the quality of comparable swim facilities in the Peninsula area. City shall have the right to make reasonable recommendations and suggestions to Club in order to maintain the quality and character of services offered under this Agreement. Club shall discontinue or remedy any practice that City determines is inconsistent with City's or District's operating objectives. 5. Club Personnel 5.1. General. Club shall staff its operation with personnel to conduct all operations authorized hereunder, in sufficient number to meet public demand for prompt,courteous, and efficient service. Club shall adjust the number of its assigned personnel as may be appropriate to properly and safely serve the requirements of public and City. 3 5.2. Direct Employees. All of the services specified under this Agreement shall be performed by Club's direct employees. Club shall require all personnel eighteen(18)years of age and older who have any contact with children, either privately or in groups, in connection with services to be provided under this Agreement to be fingerprinted and cleared by a background check with the State Department of Justice as City is mandated to do by State Law. The Club shall certify in writing to the City that listed employees have been cleared before any such employee shall have contact with children in connection with services to be provided by Club under this Agreement. 5.3. Lifeguard, Coaches, and Certifications. At least one certified lifeguard shall be on deck at all times during any Club Swim Activity or other aquatic meet, aquatic event, or other aquatic activity conducted by the Club at the Aquatic Facility. All swim coaches and water polo coaches shall have at a minimum, successfully completed the ARC Swim Coaches Safety Training or equivalent program approved by the City.. A copy of each coach and lifeguard certification shall be on file with the Club and be subject to inspection pursuant to Section 20 below. 5.4. Behavior. Club's personnel,while on duty to perform the operations authorized hereunder in this Agreement, shall at all times conduct themselves in a businesslike manner-without rudeness, discourtesy or use of profanity. 5.5. Service Standard. Club shall at all times maintain a high standard of services to the public and to the satisfaction of City Manager who shall be the sole judge of the adequacy thereof. Upon written notice by City Manager that the conduct of any of Club's personnel at Aquatic Facility is detrimental to the best interests of the public or City, Club shall take appropriate action and furnish evidence satisfactory to City Manager of the timely correction of such deficiency. 5.6. Payroll&Benefits. As part of the Agreement, Club will pay all its payroll expenses and employee benefits and,at its own expense and according to State and Federal law. 6. Permits and Licenses Club shall cause to be maintained in full force and effect throughout the term of this Agreement any and all applicable permits and business licenses which may be required by any law, including administrative regulations and local ordinances, for the conduct of Club's business. 7. Use of Premises The Premises shall be used only by Club for the services specified in this Agreement and for other related purposes for which express written approval is granted by City, and for no other purposes by Club. 7.1. Care in Use of Premises. Club shall use the Premises so that they remain in a clean, safe, wholesome, and sanitary condition, free of trash, garbage, or obstructions of any kind, and in compliance with any and all applicable present and future laws, general rules and regulations of any governmental authority in force now or at anytime during the term of this Agreement relating to sanitation, public health, safety, or welfare. 7.2. As Is. Club accepts the Premises in the condition existing when this Agreement is executed. 4 7.3. Emergency Suspension of Services. In the event of conditions which could threaten safety of employees, members or the public, Club shall suspend services and notify the City immediately of the conditions which caused suspension. 7.4. Emergency Contacts. To respond to emergencies and other contingencies, Club shall provide City with the names and telephone numbers of at least two (2)qualified persons who can be called by City representatives when emergency conditions occur during hours when Club's normal work force is not present. City shall call for such assistance only in the event of a genuine and substantial emergency. 7.5. Remedy and Notification. Club shall seek to remedy without delay any defective, dangerous, or unsanitary conditions by its own actions or by notifying City Manager of the condition. If possible, Club shall correct such situation immediately. 7.6 Use of Premises. All use of Premises by Club shall be in accordance with the Burlingame Aquatic Center Policies and Procedures manual (See Exhibit B). However in instances where this manual conflicts with explicitly stated provisions of Agreement,this Agreement shall supersede the manual 8. Equipment, Improvements,and Utilities 8.1. Exhibit A shows the types of equipment and fixtures currently provided at the Aquatic Facility. — "Fixtures and Apparatus"are those items that the City or the District provides or receives from others and that remain or become the property of the City or the District as those two entities may agree. — "Program Equipment" is equipment that each party to this Agreement is to provide and maintain for its own programs and activities at the Aquatic Facility, and this equipment remains the property of the party that provided it. 8.2. Refurbishment or Alterations to Premises. The Club shall make no refurbishment or alteration to the Premises, whether in whole or in part, nor construct any improvements upon the Premises without the prior written approval of the City. Title to such improvements shall immediately vest and be vested in City or District at all times during and after the term hereof. 8.3. Release of Title. Club shall not execute any chattel mortgage, conditional bill of sale, financing statement, lease or security agreement pertaining to any such improvements, furniture, fixtures, fittings, or equipment in Premises. 8.4. Joint Payment. Club and City may wish to make joint payment for Aquatic Facility improvements, services, and equipment. 8.5. Utilities. City provides the following utilities at the Aquatic Facility: two(2)local phone lines, six(6)voice mail boxes, a DSL line(on the SBC Yahoo Starter plan), water service, sanitary sewer service, natural gas service, and electrical service as part of this Agreement. If the Club wishes to 5 upgrade or obtain additional service on any of these utilities through the City,the City will invoice the Club at cost. 9. Insurance Club shall procure and maintain for the duration of this Agreement,insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this Agreement by Club,its employees or subcontractors.City shall retain the right at any time to review the coverage,form,and amount of the insurance required hereby.If in the opinion of the City,the insurance provisions in these requirements do not provide adequate protection for City and for the public, City may require Club to obtain insurance sufficient in coverage,form and amount to provide adequate protection.City's requirements shall be reasonable but shall be imposed to assure protection from and against the kind and extent of risks that exist at the time a change in insurance is required. 9.1. Scope of Coverage. Coverage shall be at least as broad as: 9.1.1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 9.1.2. Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. 9.1.3. Insurance Services Office form number CA 0001(Ed. 1/871 Covering Automobile Liability,code 1(any auto). 9.1.4. Employees Liability Insurance 9.2. Minimum Limits. Club shall maintain limits no less than: 9.2.1. General Liability: $2,000,000 per occurrence for bodily injury,personal injury,property damage,food services,and product liability. 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 location or the general aggregate limit shall be twice the required occurrence limit. 9.2.2. Employer's Liability:$1,000,000 per accident for bodily injury or disease. 9.2.3. Workers'Compensation:Statutory.In addition,Club shall require each of its agents, licensees,subcontractors,or suppliers to provide such workers compensation coverage to their employees coming on the Premises in connection with this Agreement. 9.2.4. Automobile Liability:$1,000,000 per accident for bodily injury and property damage. 9.3. Deductibles or Sel(Insured Retention. Any deductibles or self-insured retention must he declared to and approved by City.At the option of City,either,the insurer shall reduce or eliminate such deductibles or self-insured retention as respects City,its Council Members,officials,employees,agents and volunteers,or Club shall procure a bond guaranteeing payment of losses related to investigations, claim administration and defense expenses. 6 9.4. Provisional Requirements. All public liability insurance policies required by this Agreement are to contain, or be endorsed to contain, the following provisions: 9.4.1. Insured. City, its Council Members, officials, employees, agents and volunteers are to be covered as insured's with respect to: liability arising out of activities performed by or on behalf of Club; products and completed operations of Club; Premises owned, occupied or used by Club; or automobiles owned, leased, hired or borrowed by Club. The coverage shall contain no special limitations on the scope of protection afforded to City, its Council Members, officials, employees, agents or volunteers. 9.4.2. Primary Insurance. For any claims related to the performance of Club's duties and responsibilities under this Agreement, Club's liability insurance coverage shall be primary insurance as respects City, its Council Members, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by City, its Council Members, officials, employees, agents or volunteers shall be excess of Club's insurance and shall not contribute with it. 9.4.3. Failure to Comply. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its Council Members, officials, employees, agents or volunteers. 9.4.4. Application oflnsurance. Club'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. 9.4.5. Prior Notice. 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 until after City has been given thirty (30) days prior written notice by certified mail, return receipt requested. However, ten (10) days advance written notice of cancellation is permitted for non-payment of premium. 9.4.6. Insurers Rating. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII. City may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the sole opinion of City, the interests of City and the general public are adequately protected. 9.4.7. Evidence of Coverage. Prior to commencing work under this Agreement, Club shall furnish City with certificates evidencing coverage required above. Certified copies of required endorsements must be attached to the provided certificates. All certificates are to be received and approved by City before work under this Agreement commences. City reserves the right to require that Club provide complete, certified copies of any policy of insurance offered in compliance with these specifications. As an alternative to insurance certificates, Club's insurer may voluntarily provide complete, certified copies of all required insurance policies, including endorsements, affecting the coverage required by these specifications. 9.4.8. Subcontractors. Club shall require each of its subcontractors to obtain and maintain insurance which is equivalent to or more comprehensive than the insurance required by this Section. 7 10. Scheduling and Special Events This Agreement allows the Club to have a minimum level of usage of the Aquatic Facility for Club Swim Activities as based upon the 2004 Swim Schedules (See Exhibit Q. Club may request additional times and dates for special events during the normal scheduling process detailed in Section 11. Club and City may agree to have City's lifeguards or attendants provide services at these special events for such payment as the two parties may agree. 10.1 Meets and Tournaments. During each calendar year the Club will have use of the Aquatic Facility as follows: • Two(2) full weekend(Saturday& Sunday)events per year. One event between the months of September and April and the other May to August. The two full day events cannot be in successive months. • Three(3)half-day meets, defined as not more than five(5)hours in duration,during the months from September to April. • Events must be scheduled as to cause minimal impact to City programs. • If the Club wishes to utilize the Aquatic Facility for more than the above listed events, Club shall pay for the use of the Aquatic Facility at the resident,non-profit rate listed on the City's approved rental schedule. If a meet or event is cancelled with less than ninety(90)days' notice, the meet or event will only be rescheduled if it does not interfere with City or District programs. 11. Pool Scheduling City shall be responsible for initiating pool scheduling between City and Club at least three(3) times per annum. Parries agree to finalize schedule at least ninety(90)days in advance of the upcoming quarter. 11.1. Suggested Pool Scheduling Meeting Dates. Suggested meeting dates for scheduling the pool are as follows: — Meeting in December to plan Summer Session(Mid May through mid August) — Meeting in March to plan Fall/Winter Sessions(Mid August through December) — Meeting in August to plan Spring Session(January through mid May) 11.2. Changes to Approved Schedule. Both parties agree to inform one another of any desired changes to an approved schedule. All changes will subject to approval by City. 12. Aquatic Facility Maintenance City, in cooperation with the District, will provide and maintain in proper operating condition the following: — Locker room and shower facilities; — Pool facilities; — Exterior lighting systems; 8 Required signage; Utilities specified in Section 8.5 above; and Routine trash removal service. 13. Aquatic Facility Evaluation Report City and Club agree that the overall quality of service provided by Club is of primary importance to both parties. As this Agreement specifies the standards of performance deemed necessary for proper operation, City and Club will develop the evaluation criteria and subsequent Evaluation Report to document Club's performance pursuant to those specifications. 13.1. Evaluation Report. The Evaluation Report will be completed by City Manager after an inspection of Club Swim Activities by City representative(s). City shall conduct formal inspections a minimum of once per year, and Club will be invited to participate in the inspection. The inspection shall cover swim operations and include a briefing by Club. 13.2. Modifications. City Manager reserves the right to modify, update, and/or amend the general content and format of the Evaluation Report in order to provide a suitable instrument for the documentation of Club's performance. 13.3. Third Party Inspections. At the discretion of City Manager, third party inspections may be conducted periodically and Club's overall performance independently evaluated. 13.4. Scheduled and Unscheduled Inspections. Regularly scheduled inspections and unannounced inspections of Club Swim Activities shall be made by City. 14. Compensation Club shall compensate the City as follows: $28,000 for the period of April 1, 2005 to March 31,2006 $36,000 for the period of April 1,2006 to March 31,2007 The compensation for the third year shall be based on a$36,000 base amount with increases based to Club usage over the first two years of the Agreement and the percentage increase change in the Consumer Price Index—All Urban Consumers/All Items(CPI-U, 1982-84=100)for the San Francisco-Oakland-San Jose, CA Metropolitan Area between December 2005 and December 2006. 14.1. Quarterly Payments. In payment for this Agreement, Club agrees to pay City as follows: Rental Period Payment Percentage Payment Date January -March 20% March 31 st April -June 20% June 30th July - September 40% September 30th October-December 20% December 31 st 9 14.2. Early Termination. Should this Agreement be terminated pursuant to Section 16 or 17 below before the end of a calendar year,Club shall pay City the full amount due for a calendar year pursuant to this Section 14. 15. Term 15.1. Initial Term. The term of this Agreement shall be from April 1,2005,to March 31,2008, during which time Club shall have the exclusive right,license,privilege and duty to operate Club Swim Activities at the Aquatic Facility(the"Initial Tenn.") 16. Termination 16.1. General. Except as otherwise provided,if Club defaults in the performance of any promise,tern,condition,or covenant required of it herein,and fails to cure such default within ten(10) calendar days following notice thereof from City Manager,this Agreement shall terminate. 16.2. Causes for Termination. City Manager shall be authorized to immediately terminate this Agreement,without serving such notice of default to Club,upon the happening of any of the following events: 16.2.1.The failure of Club to maintain in full force and effect all forms of insurance required hereunder. 16.2.2.The failure of Club to cause to remain in full force and effect any permit or license required hereunder. 16.2.3.Any attempt to effect the sale,transfer,or assignment by Club of any right,license, privilege or duty granted to or imposed upon it hereunder. 16.2.4.A major breach of service including,but not limited to health or safety violations which cause or may cause Aquatic Facility closure. 16.2.5. Filing of a bankruptcy petition by Club. 16.2.6.The failure of Club to adhere to the practices and protocols set forth in the Policies and Procedures Manual,after written notice and/or warning of violation(s)from the City Manager. 16.2.7. The submittal by Club of false certifications. 16.3. Continuation of Services. If the City terminates this Agreement,the City may take over Club Swim Activities and provide them in any manner deemed appropriate by City Manager for City's benefit and the public's best interests,by City employees or contractors,without any liability therefore to Club. The City has no obligation to offer the Club the opportunity to provide the services. 17. Non-assignability 10 Club shall have no right, authority, or power whatsoever to sell, assign, or transfer any right, license, privilege, or duty granted to or imposed upon it hereunder. Such right, license, privilege, and duty are granted and imposed solely and personally to and upon Club and any such sale, assignment, or transfer may result in immediate termination hereof. 18. Conflict of Interest 18. 1. General. Club represents that neither it nor any of its officers, partners or employees have a financial interest, as defined in section 87103 of the Government Code, in the subject-matter of this Agreement, other than the right to receive payment from City for the services performed. 18.2. Concession Activities. No director, officer, employee or subcontractor of Club shall have any interest in any concession activities at Aquatic Facility, nor in any contract involving Aquatic Facility, without prior approval by City Manager. 18.3. Gifting. Neither Club, nor any of its officers, employees, agents or subcontractors, shall offer any gift, entitlement or consideration to any officer, employee or contractor of City, unless such gift, entitlement or consideration is available to the general public or is part of a written, public agreement between City and Club. 19. Miscellaneous Reports In addition to such other reports as may be required by this Agreement, Club shall submit to City any other financial or statistical reports reasonably requested by City Manager from time to time during the term hereof shall be provided by Club, without cost to City, within a reasonable period of time. 20. Access to and Retention of Records 20. 1. Term. Club shall retain all its books and records of account for the term hereof for not less than five (5) calendar years following the last day of such term. Such books and records of account shall show all Club's Gross Receipts and other income derived from its operations pursuant to this Agreement, all deductions there from, supporting documents, and all other information required by this Agreement. 20.2. GAAP. Club shall retain such books and records of account and such reports and records as may be required of it pursuant to this Agreement at a location acceptable to City, and shall keep and maintain the same in accordance with generally accepted accounting principles. 20.3. Access. Further, at any time, within two (2) calendar years following the last day of the term of this Agreement, upon written notification to Club, City may, at its sole cost and expense, inspect, audit, and copy Club's books, records of account, and supporting documentation relating to Club's operations at Aquatic Facility. 20.4 Certifications. In addition, the certifications required under Section 5.3 above shall be immediately provided to the City by the Club at any Club Swim Activity or other Club-conducted event 11 in the pool at the Aquatic Facility upon request of the City Manager. Such a request need not be directed as provided in Section 25 below,but need only be made to the person at the Aquatic Facility who is apparently in charge of the Club Swim Activity or other Club-conducted event. 21. Club as an Independent Contractor 21.1. Relationship with City. It is understood and agreed that Club(including Club's employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto.Club's assigned personnel shall not be entitled to any benefits payable to employees of City.As an independent contractor,Club hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. 21.2, Club Personnel. If,in the performance of this Agreement,any third persons are employed or contracted,by Club,such person(s)shall be entirely and exclusively under the direction,supervision, and control of Club.All terms of employment,including hours,wages,working conditions,discipline, hiring,and discharging,or any other terms of employment or requirements of law,shall be determined by Club. 21.3. No Entitlement. It is further understood and agreed that as an independent contractor and not an employee of City,neither Club nor Club's assigned personnel shall have any entitlement as a City employee,right to act on behalf of City in any capacity whatsoever as agent,nor to bind City to any obligation whatsoever. 21.4. Taxes. It is further understood and agreed that Club shall issue local,state and federal forms for income and employment tax purposes,for all of Club's assigned personnel under the terms and conditions of this Agreement. Club shall,at its sole cost and expense,pay any and all taxes for which it is responsible,or which may be assessed against it. 22. Indemnification of City Club shall indemnify,defend,and hold harmless City,its Council Members,officials,agents, employees,representatives and volunteers from any and all claims,losses,liabilities,or damages, demands and actions,including payment of reasonable attorneys'fees arising out of or resulting from the performance of this Agreement,caused in whole or in part by any negligent or willful act or omission of Club,its officers,agents,subcontractors,employees,representatives,or anyone directly or indirectly acting on behalf of Club,regardless of whether caused in part by a party indemnified hereunder. 23. Release of Liability 23.1. City shall not be liable for,and is hereby released from,any and all liability to Club,Club's insurance carrier,or to any person claiming under or through Club for any loss or damage whatsoever to the property or effects of Club resulting from the discharge of water,or other substance,from pipes, sprinklers,conduits,containers,appurtenances thereof or fixtures thereto,or from any damage resulting from the discharge or failure of electric current,regardless of cause or origin,except that which is caused 12 by the act of negligence of or failure to properly construct improvements by City, its Council Members, officials, employees, representatives or agents. 23.2. Further, Club shall be responsible for the safety and security of property, equipment, supplies, merchandise, and commodities used or offered for sale by Club at Aquatic Facility. City shall have no liability or responsibility whatsoever, and Club shall make no claim against City with respect to such matters. 24. Signs Club shall place no sign, emblem, or advertising of any kind or character, at or on the Premises without the written approval of City Manager. 25. Notices Any notice, demand, request, consent, or approval that either party may or is required to give the other, shall be in writing and shall be either personally delivered or, sent by prepaid first class mail addressed as follows: For Club: Todd Arris tarris@srgnc.com President The Burlingame Aquatic Club Inc. 1337 Vancouver Ave Burlingame, CA 94010 For City: Director of Parks & Recreation City of Burlingame 850 Burlingame Avenue Burlingame, CA 94010 26. Notice of Claims and Suit 26. 1. Requirement for Notification. City and Club shall each give the other prompt and timely written notice of any personal injury or accident claim for an amount in excess of ONE THOUSAND DOLLARS ($1,000.00) and of any lawsuit coming to its knowledge, which in any way directly or indirectly, contingently or otherwise, might reasonably affect the parties' relationship under this Agreement. 26.2. Timeliness of Notification. Such notice shall be deemed prompt and timely if given within fifteen (15) calendar days following the date of receipt of such claim by an officer, official, agent, or employee of either party, and, if given within five (5) calendar days following the date of service of process upon either party with respect to any such lawsuit. 26.3. Applicable Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California, and shall be deemed to have been made, and shall be performed, in the 13 State of California. Venue for any litigation arising from this Agreement shall be in the Municipal and Superior Courts of San Mateo County. 27. Nondiscrimination Clause Club shall not discriminate in the provision of services under this Agreement because of color, race, creed,national origin, religion, sex, sexual orientation,age or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section2000d)American with Disabilities Act(42. U.S.C. Section 12131 et seq.), and all other applicable laws and regulations requiring "no discrimination". 28. Equal Employment Opportunity Requirements Club warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Club does not and shall not discriminate against persons employed or seeking employment on the basis of age, sex, color, race,marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion or medical condition,unless based upon a bona fide occupational qualification pursuant to the California Fair Employment&Housing Act. In performing services under this Agreement, Club shall not discriminate against any person on the basis of age, sex,color, race,marital status, sexual orientation,ancestry, physical or mental disability, national origin, religion or medical condition, unless based upon a bona fide safety limitation founded on manufacturer,Consumer Product Safety, and Department of Justice guidelines. Club shall ensure that its subcontractors and employees conform to the requirements of this Section. 29. Agreement Not a Lease,License,or Joint Venture Nothing contained in this Agreement is intended to nor shall it be construed in any way to constitute a lease, license,or other real property entitlement to use of the Premises or in any way to imply a right to continue to use the Premises in any way beyond the term or outside of this Agreement. This Agreement is solely for the provision of services. Nothing contained in this Agreement is intended to nor shall it be construed to constitute a partnership or joint venture of any kind between the City and the Club, and the Club is an independent contractor not affiliated or related to the City in any way. 30. Compliance Club shall comply with all applicable federal, state, and county statutes, ordinances,regulations, directives,and laws and this Agreement shall be deemed to be executed within the State of California and construed with and governed by the laws of the State of California. 31. Entire Agreement This Agreement,together with all Exhibits attached hereto constitute the entire Agreement between the parties and all other representations or statements heretofore made,verbal or written,are merged herein. This Agreement may be amended only in writing, and executed by duly authorized representatives of the parties hereto. 14 32. Non-waiver of Rights No waiver of default by either party of any of the terms, covenants, and conditions hereof to be performed,kept, and observed by the other party shall be construed as, or shall operate as, a waiver-of- any subsequent default of any of the terms,. covenants, or conditions, herein contained,to be performed, kept, and observed by the other party. 33. Force Majeure City shall not be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reason of strike,boycott, labor dispute,embargo, or shortage of energy or materials. Neither City nor Club shall be deemed in violation of this Agreement if either is prevented from performing any of its obligations hereunder by reason of acts of God, acts of a public enemy, acts of superior governmental authority, weather conditions, riot,rebellion, sabotage, or any other circumstances for which it is not responsible or which are not reasonably within its control. 34. Headings The headings of the articles and sections of this Agreement are inserted only as a matter of convenience and for reference and do not define or limit the scope or intent of any provisions of this Agreement, and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 35. Dispute Resolution In the event a dispute or disagreement arises between Club and City regarding either party's performance with respect to matters hereunder subject to the approval, satisfaction,or discretion of City or City Manager,the decision of City Manager shall be final. 36. Preemption Club understands that District has the ability to preempt usage of Aquatic Facility at District's discretion. Moreover,this Agreement is subject to the terms and limitations of the Agreement between the City and the District, and Club understands that the District has the authority as an independent governmental agencies to alter or adopt rules and regulations governing the Aquatic Facility that may affect the performance of this Agreement. (See Exhibit D.) IN WITNESS WHEREOF,the parties have caused this Agreement to be duly executed by their respective officers as of the date first written above. CITY OF BURLINGAME BURLINGAME AQUATIC CLUB, INC. By: By: 15 Name: Name: James Nantell Title: City Manager Title: Attest: Attest: City Clerk Secretary Approved as to form: City Attorney 16 Exhibit A Burlingame Aquatic Center Inventory Program Equipment Facility Fixtures and Apparatus Blue storage bins with kickboards Shark vacuum Blue storage bin with pull buoy Aqua max vacuum Rescue Buoy Manual pool vacuum The rock water inflatable Disabled lift Blue storage of aqua weights Tall Lifeguard stands Microwave Short Lifeguard stand Radios Pool cover storage reels Refrigerator 25-yard pool covers Lifeguard Office Desk 1-meter diving boards Desk chairs Lennox lockers, in Men's and Women's restroom First aid kits Long course lane line reels Mac computer Short course lane line reels 1 file cabinet Lane line reel for polo goals Inkjet Printer Outdoor sheds Lifeguard deck coats Long course lane lines Toaster oven Short course lane lines Safe,w/top&bottom lock Outdoor tarps Lifeguard rescue tubes Colorado Timing system Lifeguard fanny packs Scoreboard Backboards(plastic) Anti wave floating H2O polo cages Garbage can of aqua noodles Anti wave deck H2O polo cage Tot dock S&R sport H2O polo cages Cash register Standing time clocks Competitor starting blocks Deck Flags EXHIBIT "B" Burlingame Aquatics Center Policies & Procedures General Facilitu Policies 1. Safety for program participants shall be the primary concern at all times. 2. No participants shall enter the B.A.C. facility, herein referred to as the Facility, without a certified lifeguard, a certified swim coach, or other appointed adult designee on deck who assumes responsibility for supervision and liability of said activity. 3. All user groups are required to observe all pool rules at all times. Activity Supervisors will enforce all Facility rules and will be responsible for the behavior of their program participants. (See Attachment A.) 4. All pool user groups are responsible for set-up and takedown of any equipment for their specific programs (e.g. —BAC Swim Team puts in lane lines prior to practice and removes them at the conclusion of practice). 5. All user groups are responsible for removing, storing, and putting away-- in the appropriate place-- all equipment used during their program (kickboards, pull buoys, water polo goals, etc.). 6. All patrons and participants must shower before entering the pool. Supervisors shall enforce this requirement. Facilitu Access 1. During the summer season, all programs-- with the exception of the Burlingame High School-- shall access the Facility by the front entranceway only. Burlingame High School programs shall access the Facility by the side gates adjacent to the handicap wheelchair ramp. a. BHS students, during physical education class and other BHS supervised activities (e.g. swim team practice, water polo, etc.), shall access the Facility only by the side gate closest to the high 1 school locker rooms. The gate shall be closed and secured behind students by the supervising adult once inside the facility. b. Those disabled participants requiring an accessibility ramp shall utilize the side gate entranceway. C. The Facility gates in the south perimeter fence are for emergency exiting purposes only. 2. The City will staff the front desk during its operational hours. All participants must check in with the front desk attendant. When the Burlingame Aquatic Club has sole use of the facility, it is responsible for monitoring all access to the Facility. Supervision 1. For all non-school programs, there must be a certified lifeguard on deck at all times during programs. All swim coaches and water polo coaches must have, at a minimum, successfully completed the ARC Swim Coaches Safety Training. Copies of certifications must be on file with the City. 2. All Burlingame High School teachers and coaches, without a City approved lifeguard on deck, must have at a minimum successfully completed the ARC Swim Coaches Safety Training. Copies of certifications must be on file with the School District. 3. Swim team, water polo, and Physical Education classes must maintain a reasonable maximum coach/player ratio while supervising aquatic activities. 4. Activity Supervisors must know, understand, and enforce the Facility rules. (See Attachment A.) 5. Program Participants shall be supervised at all times. Activity supervisors shall be responsible for all participants' behavior in the pool, on the deck, and in the locker rooms. 2 Emergency/ Accident / Incident Procedures 1. An emergency exists whenever advanced medical personnel are summoned (911) to the Facility OR when life-threatening (or potentially life-threatening) conditions exist [e.g.- an earthquake evacuation; a near-drowning]. 2. An accident involves physical injury to a program participant [e.g.- a bloody nose). 3. An incident involves any extraordinary occurrence, situation, condition, etc. that jeopardizes the safety of program participants or may compromise the facility [e.g.- broken glass at the bottom of the pool; a "flasher"]. 4. Each user group shall be responsible for designing; reviewing; practicing and implementing, when necessary, its own Emergency Action Plan (EAP). Please see Attachment D for an Emergency Action Flowchart, used by the City's Recreation Department for aquatic activities, which may be used as an example in developing an EAP. 5. The City will aid in the development of an EAP for any user-group that requests assistance. A copy of each user group's EAP shall be on file with the City. In addition, each user group shall provide the City with a copy of its emergency call list. 6. In the event of an emergency, accident or incident the minimum requirements include the following: a. The Activity Supervisor will administer any first aid and rescue care as is necessary. Appropriate "standards of care"- as described by the legal definition- must be observed in all such cases. Emergency personnel (911) will be summoned whenever appropriate. b. The Activity Supervisor will insure the safety of all program participants and will secure the Facility in case of emergency. C. Once conditions are corrected and/or dealt with, the Activity Supervisor will complete a Facility Accident Report [see Attachment B] or Incident Report [see Attachment Cl within 24 hours of the 3 accident/incident. Care must be taken to describe the situation completely, list witnesses, and sign and date the form. d. Completed forms are then placed in the Accident Report folder in the Facility Office. e. The City's Aquatics Supervisor will review all forms. He/She may follow up with questions and/or clarifications, and will keep all forms on file at the City's Recreation Center. Facilitu Scheduling 1. All use of the Facility must be scheduled. No unscheduled use shall be permitted. 2. All schedule requests will be directed to the City's Aquatics Supervisor for approval. The Aquatics Supervisor will maintain a current master schedule at all times. 3. Schedule requests should be submitted well in advance of the dates requested. 4. There are two distinct seasons of pool use: "summer season" and "off-season". Prior to the beginning of each season, the City's Aquatics Supervisor will meet with all interested parties to address respective needs and create the facility schedule. 5. All Burlingame High School locker room/weight room requests must be made through the School District Plant Manager. Maintenance 1. All maintenance concerns shall be directed to the City's Aquatics Supervisor. The Aquatics Supervisor will address the issue in a timely manner and report back to reporting party. 2. General Facility maintenance shall be delegated as listed in the chart below. 4 Backwashing Lap Pool SMUHSD Backwashing Wading Pool SMUHSD Chemical Balance Lap Pool SMUHSD Chemical Balance Wading Pool SMUHSD Vacuuming Lap Pool city Vacuuming Wading Pool city Brushing Lap Pool Walls city Brushing Wading Pool Walls City Brushing Lap Pool Bottom City Bmshing Wading Pool Bottom city Scrubbing Lap Pool Tiles SMUHSD Scrubbing Wading Pool Tiles SMUHSD Hosing Decks SMUHSD Minor Facility Repairs city Major Facility R airs/CIP SMUHSD 3. In addition, the school district shall be responsible for major Facility improvements and for repairs to pumps, filters and chemical controllers. 4. The City will monitor maintenance quality and pool chemicals, and address issues as needed. 5. The above conditions may be superceded if the City and/or School District enter into contract with an outside vendor to provide maintenance services for the Facility. Pool Closures 1 . The Aquatics Supervisor, in conjunction with the School District, will establish closure dates each year for routine Facility maintenance and/or projects, if deemed necessary. All efforts will be made to impact user-groups' programs as little as possible in scheduling. 2. The City's Aquatics Supervisor, in conjunction with the School District, shall close the Facility whenever unsafe or potentially unsafe conditions occur/exist. 5 a. In the event of such a closure,the Aquatics Supervisor will communicate the length of the closure to all user groups. b. The Facility hotline(558-7322)will reflect current closures and schedule changes. Rentals 1. The pool can be rented by outside parties based on the City of Burlingame's usage fees.All rentals shall be considered and approved by the City's Aquatics Supervisor. 2. All groups renting the Facility must provide Proof of Insurance, with a minimum of$1,000,000 liability coverage,listing both the City and the School District as additionally insured. Scoreboard Use 1. The School District shall have primary use of the Colorado Timing System and scoreboard. 2. The School District shall be responsible for maintenance and repairs of the timing system and scoreboard. 3. All other groups wishing to use the timing system and scoreboard must receive prior approval and training from the School District. Lifeguard Roles and Responsibilities The Lifeguard's sole responsibility is to protect the safety of the participants at the Burlingame Aquatic Center, 1. A minimum of(2)Lifeguards must be present at all times when participants are in the pool. 2. Lifeguards will be supervised in accordance with the 2003 American Red Cross Lifeguard Training Manual. 6 Attendants Roles and Responsibilities 1. The attendants are responsible for: A. A clean pool and building B. Stocking and restocking restrooms C. Clean out trashcans D. Supervise office area E. Supervise locker room area F. Report incident, accident or damage to the Meet Director/Event Director or other official 2. The renting team must provide 4 attendants: 2 for the bathrooms and 2 for the outside trash. 3. It is the responsibility of the User Group to make sure the facility is in a clean, litter free condition. The User Group is responsible for providing attendants to supervise facility. If the User Group does not wish to provide attendants, they may hire City staff. 4. If User Group uses BHS locker rooms they must pay the SMUHSD fees. 5. If the facility is not left as was before the event, a cleaning fee will be charged to User Group you used the facility. 6. Payment of all rental fees and deposits must be made at least 30 days in advance of the scheduled use. Failure to meet this deadline may result in the cancellation of the rental and forfeiture of your deposit. A non-refundable security deposit is required when renting the facility and will act as a security bond. The security deposit may be refunded, all or in part, depending upon the condition of the facilities following the activity, time the facility is vacated, additional custodial required and any other damages that may be incurred. 7. Security Deposit fee is $50 per hour. Enforcement The Aquatics Supervisor shall be responsible for administering the policy and procedures. If agencies, their personnel or customers are not abiding by these policies and procedures, the enforcement process will include the following steps: 7 1) Verbal warning by staff on site to the person(s) or staff not adhering to the policies and procedures outlined in this document. This will include an incident report to be forwarded to the Aquatics Supervisor 2) If the problem persists or is repeated without correction, onsite staff will inform the Aquatics Supervisor, who will then verbally communicate the infraction to the appropriate manager for the responsible agency requesting that corrective action be taken. 3) If the violation is again repeated without effective corrective action taken, the Aquatics Supervisor will notify the appropriate manager in writing, requesting that corrective action be taken immediately and that a written response be submitted regarding the issue. 4) If the infraction remains unabated, the Aquatics Supervisor will seek the assistance from the Parks and Recreation Director to seek resolution through means appropriate to the issue and the violating agency. Note: The process may be tailored or accelerated as needed based on the nature and severity of the infraction(s). List of Attachments A. Facility Rules B. Accident Report C. Incident Report D. Emergency Action Plan Flowchart E. Pool Rental Forms F. Emergency Phone Number List 8 ATTACHMENT A. Burlingame Aquatics Center Pool Rules 1. Safety is the number one concern. 2. All patrons and program participants must enter and exit during the front doorways. 3. A responsible adult and/or a certified lifeguard shall supervise all participants. 4. No glass containers are permitted in the pool or pool area. 5. Alcoholic beverages and SMOKING are prohibited in or around the facility. 6. No animals are permitted in or around the pool area. 7. All swimmers must wear appropriate swim attire. No frayed cut-offs. 8. Children of diaper age must wear swim diapers to utilize the pool(s). 9. Infants and toddlers must be supervised at all times while in the facility. 10. No bikes, rollerblades, skateboards, scooters or operation of such devices, are permitted on the pool deck. 11. No running on the pool deck 12. No fighting, roughhousing, excessive horseplay, excessive use of profane language will be tolerated in or around the pool area. 13. ONLY City employed lifeguards are permitted on lifeguard stands/chairs. 14. No playing on lane lines, starting blocks or ladders. 15. No jumping backwards,twisting, or flipping from the edge. 16. Those under the influence of drugs or alcohol shall not be permitted access to the facility. Diving Board rules: 1. No more than one person on a diving board at a time. 2. One bounce only on boards. 3. No swimming between or under the boards. 4. No diving off the side of the board. Dive straight off the end. 5. No back dives; inwards; hand dives or seat dives. 6. Swimmers must be able to swim competently for 25 yards to use diving board. 7. No one is permitted to catch jumpers off diving boards. Burlingame Parks & Recreation Pool Rules 1. Safety is the number one concern, always! 2. All patrons and program participants must enter and exit during the front doorways. 3. A responsible adult and/or a certified lifeguard shall supervise all participants. 4. No glass containers are permitted in the pool or pool area. 5. Alcoholic beverages and SMOKING are prohibited in or around the facility. 6. No animals are permitted in or around the pool area. 7. All swimmers must wear appropriate swim attire. No frayed cut-offs. 8. Children of diaper age must wear swim diapers to utilize the pool(s). 9. Infants and toddlers must be supervised at all times while in the facility. 10. Children ages 6 and under must be directly supervised in the water by an adult 15 years of age or older. 11. No bikes, rollerblades, skateboards, scooters or operation of such devices, are permitted on the pool deck. 12. No running on the pool deck 13. No fighting, roughhousing, excessive horseplay, excessive use of profane language will be tolerated in or around the pool area. 14. ONLY City employed lifeguards are permitted on lifeguard stands/ chairs. 15. No playing on lane lines, starting blocks or ladders. 16. No jumping backwards, twisting, or flipping from the edge. 17. Those under the influence of drugs or alcohol shall not be permitted access to the facility. 18. Every person entering the facility must pay an entry fee. 19. No excessive in-out privileges. 20. Kickboards and pullbuoys are for lap swim only. 21. No floatation devices, balls, masks, or snorkels allowed, except for swimmer with disabilities. Exceptions may be made for lap swimmers as well. 22. Recreation camps must have a 1:7 counselor/camper ratio for preschoolers and 1:10 for others. Counselors must be in the water with campers. Counselors are expected to help control and discipline their campers. Diving Board rules: 1. No more than one person on a diving board at a time. 2. One bounce only on boards. 3. No swimming between or under the boards. 4. No diving off the side of the board. Dive straight off the end. 5. No back dives; inwards; hand dives or seat dives. 6. Swimmers must be able to swim competently for 25 yards to use diving board. 7. No one is permitted to catch jumpers off diving boards. ATTACHMENT B City of Burlingame Parks & Recreation Burlingame Aquatic Center Accident Report TO BE SUBMITTED WITHIN 24 HOURS OFACCIDENT Date of Accident: Time: Which Pool? Name: Age: Sex: Activity: Address: City: Zip: Phone: Please describe THE EXACT location within the facility where the accident occurred: ' Please describe what the injured person was doing and how the accident occured: Please describe the nature and anatomical location of the injury (be specific): Was treatment given? Yes No By whom? If yes, please describe first aid given: ollw p: asurt�ier medical assistance needed? Yes No as EMS Called? Yes No ho responded? Police Fire Ambulance ATTACHMENT C City of Burlingame Parks & Recreation Burlingame Aquatic Center Incident Report TO BE SUBMITTED WITHIN 24 HO RS OF INCIDENT Date of Incident: Time: Activity: Nature of Incident: Name(s) of Person(s) Involved in the Incident: Name Address ity Zip Phone Name Address City Zip Phone Name Addiess City Zip Phone Please describe the incident in detail: (If more space is needed, continue on the back) Action Taken: 1-0!low up: Emergency Action Flow Chart ATTACHMENT D Lifeguard sees an emergency, blows ONE LONG WHISTLE to notify staff they are"going in" and to call 911 if a serious injury is suspected. Guards assist rescu't911 and direct crowd 911 Emergency emergency One Guard Notifies office Staff continues to guard the pool I -T Cashier calls 911 Rescuer removes victim from pool One Guard opens gate for Manager or qualified staff Paramedic&Fire applies first aid as needed Other guards clear pool Fill out accident report Spinal Injury: Manager assigns 2 guards Non-Spinal Injury: to control the crowd and 2 Guards maintain to assist in the crowd control immobilization of the victim N. Manager or guard gives first aid Manager writes accident report Manager notifies Supervisors ATTACHMENT E. Burlingame Aquatic Center Pool Use Request 850 Burlingame Ave • Burlingame, CA 94010 • (650) 558-7300 • fax: (650) 696-7216 DATE: USER GROUP: The above named group will provide a comprehensive liability certificate of insurance naming Burlingame Parks & Recreation Department and SMUHSD as the "additional insured" prior to the event dates. The group will also provide coaches safety certification/ or lifeguard certification if applicable. TYPE OF EVENT: DATE(S) & TIME(S) OF EVENT: DAY(S) OF WEEK DATES HOURS OF USE (INCLUDING SET-UP & CLEAN-UP) LONG COURSE RENTAL DATE(S) OF RENTAL: TIME(S) OF RENTAL: _ NUMBER OF LANES: ESTIMATED ATTENDANCE: ADMISSION CHARGED: Fee Quote FACILITY RENTAL: $ CERTIFICATE OF INSURANCE ON FILE CUSTODIAL: $ LIFEGUARD(S): $ 25% ADVANCED DEPOSIT $ DUE DATE: OTHER; TOTAL: $ ATTACHMENT E (cont.) User Group Agreement 1. Renter agrees to abide by all of the Burlingame Aquatic Center Pool Rules and regulations as stated on the "pool rules" sign. 2. Renter will be responsible for any injury or damage of any kind sustained by persons or buildings and/or equipment as a direct result of the described event. 3. Advanced deposit of $ is due prior to the event 4. The City of Burlingame reserves the right to run the concession stand and rertain all proceeds. 5. No outside vendors allowed unless approved by the City of Burlingame 6. Renter will provide personnel to direct patrons to park in marked spaces in the designated Burlingame Aquatic Center parking area. 7. Lane rentals made in advanced for long course season will be paid for in advanced regardless of if the group shows up or not. 8. Cancellations may be made 10 days in advanced 9. By signing this request for use form, renter agrees to all of it's conditions CONTACT NAME: SIGNATURE OF USER: ADDRESS: PHONE: FAX: E-MAIL: ATTACHMENT F. Emergency Phone List Location Phone Police Dept. (Emergency) 911 Fire Dept. (Emergency) 911 Police Dept.(theft) 692-8440 Fire Dept. (Non-emergency) 558-7600 Burlingame Recreation Department 558-7300 Fax: 696-7216 General Facility Maintenance( e.g.- Call Linds-y Caldwell, Aquatics Coordinator plugged toilets; electrical concerns; Office: 558-7320 Cell:678-0750 building maintenance; etc.) Mike Blondino, Recreation Supervisor 558-7310 cell: (650) 533-0864 Lindsy Caldwell,Aquatics Coordinator 558-7320 cell:(650) 678- 0750 Pool Emergencies (e.g.-chemical reading corrections; pool pump problems; etc.) http://www.burlingame.org/p_r/facility/burlingame_aquatic_center_schedule.htm EXHIBIT"C" 2004 Session Schedules - attached Mon Wed Fri Fall 2004 August 16 - December 31, 2004 1 2 3 4 5 61 71 81 9 10 11I12 13 14 15 16 17181 19 20 Small Pool 5:30 - 6:00 Masters L 6:00 -16:30 City M/W Short Course 6:30 -17:00 M/W Short Course F Long Course 7:00 - 7:30 F Long Course W 7-830 Muffle 7:30 - 8:00 6 lanes 6 lanes 8 lanes M/W/F 6:45 -7:45 8:00 - 8:30 6 -8:15 5:30 - 8:30short course polo F 8:30 - 9:00 Youth 9:00 - 9:30 Private/Semi private 9:30 - 10:00 High School Polo Lessons 10:0 - 10:30 August 16-20 10:3 - 11:00 11:0 -.11:30 11:3( - 12:00 M/W City Lap Swim Masters 12:0 - 12:30 Muffie 12:00-2:001 12:00-1:15 12:3 - 1:00 2 shallow 10 Lanes 8 Lanes 1:00 - 1:30 Lanes 1:30 - 2:00 2:00 -12:30 2:30 - 3:00 High School Polo 3:00 - 3:30 M&W 2:15 -6 (game days 3:30 - 4:00 Age Group Swim Tu Th & Fr 2:15- 5:30 short,course 4:00 - 4:30 3:30 -5:30 Game Day's are M &W 'ShorL.Course 4:30 - 5:00 6 lanes 5:00 - 5:30 14 lames 2:15-5:30' a re 5:30 - 6:00 Age Group Swim 10 lanes 5:30 6,' 5-6 6:00 - 6:30 5:30-7;;: M/F city 3 I; Youth 6:30 - 7:00 10,lanes Private/Semi Privat 7:00 - 7:30 City Lap Swim Lessons 7:30 - 8:00 7- 8:30 Masters Polo M &W 8:00 -,8:30 8 lanes 7:30 - 9-Short Course 8:30 - 9:00 10 lanes 1 2 3 4 5 6 7 8 91101111 12111311411151116 17 18119120 Aug 23-September 3rd Muffie 2 lanes Mon-Fri 5:00-6:00pm jAugus 23rd-September 10th BHS PE 8:15-2:30pm _ September 17 BHS polo 12-7:00pm BHS Polo September 18 BHS polo 8:00-5:00 November 4-6th PALS October 30&31st BAC Swim Meet November 29th-December 3rd Closed for routine maintenance City will be teaching Private and Semi Private Swim lessons in both pools Mon-Sunday as scheduled printed 2/9/2005 9:06 AM BACPoolTimeFa112004062104.xls Tu Th Fall 2004 August 16 - December 31 , 2004 1 2 3 4 5 6 7 8 9 10 11 12 113 114 15 16 17 18 1 19 20 Small Pool 5:301- 16:00 1 1 1 1 1 1 1 1 BAC Age Group 6:001- 16:30 City Lap Swim 5:30 - 7:30 6:30 - 7:00 short course 10 lanes 7:00 - 7:30 6 - 8:30 , 7:30 - 8:00 10 lanes 8:00 - 8:30 8:30 - 9:00 9:00 - 9:30 High School Water Polo 9:30 - 10:00 August 16 -20 10:0 - 10:30 10:3 - 11:00 11:0(- 11:30 11:3(- 12:00 Muffie City Lap SwimMasters Youth 12:0(- 12:30 2 lanes 10 lanes 12:00-1:15 Private/Semi Privat 12:3 - 1:00 TH 12:00-2:00 8 Lanes Swim Lessons 1:00 - 1:30 1:30 - 2:00 2:00 - 2:30 Swim lessons 2:30 - 3:00 High School Polo` } 3:00 - 3:30 M-Th`2:15 6 3:30 - 4:00 Age Group Swim F 2:15- 5:30 4:00 - 4:30 3:30 - 5:30 Game Days are M & W Long Course 4:30 - 5:00 6 lanes Long Course - Short Course ? ? ? ? 5:00,- 5:30 <... BAC 14 lanes 2:15-5:30 C 5:30 - 6:00 Adult Age Group 10 lanes' 5:30-'6 5 6 6:00 - 6:30 Lessons 5:30 -7 6:30 - 7:00 5:30-7:30 8 lanes Speedo Cup 7:00,- 7:30 2 lanes City Lap Swim BAC 6:30 8 Short Course Youth 7:30 - 8:00 7 - 8:30 8 lanes Private/Semi privat 8:00 - 8:30 10 lanes 8:30 - 19:00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 printed 2/9/2005 9:06 AM BACPoolTimeFa112004062104.xls Saturday Fall 2004 August 16 - December 31, 2004 1 2 3 4 5 6 7 8 9 10 11112 13 14 15 16 17 18 19 20 Pool 5:30 - 6:00 6:00 - 6:30 6:30 - 7:00 7:00 - 7:30 7:30 - 8:00 8:00 - 8:30 City Lap Swim Masters 8:30 - 9:00Adult 8 - 10:15 8 - 9:30 9:00 - 9:30 Lessons 10 lanes 9:30 - 10:00 8;30-10:30 10:00 - 10:30 2lanes 8 lanes 10:30 - 11:00 - - BAC Age Groin = -- 11:00 - 11:30 10.30,-,.12:30., High School Polo 11:30 10:30 - 1:30 . .. 4;..a. ..m,..',... 12:00 - 12:30 girls 10:30- 12;boys 12 - 1:30 12:30 - 1:00 Tsunami pool rental 1:00 - 1:30 12:00-1:30 1:30 - 2:00 2:00 - 2:30 2:30 - 3:00 3:00 - 3:30 3:30 - 4:00 4:00 - 4:30 4:30 - 5:00 5:00 - 5:30 5:30 - 6:00 City Pool Rental 6:00 - 6:30 6:30 - 7:00 5:30 -7:30 7:00 - 7:30 7:30 - 8:00 8:00 - 8:30 8:30 - 9:00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 printed 2/9/2005 9:06 AM BACPoolTimeFa112004062104.xls Sunday Fall 2004 August 16 - December 31, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Small Pool 5:30 - 6:00 6:00 - 6:30 6:30 - 7:00 7:00 - 17:30 7:30 - 18:00 8:00 - 8:30 Masters 8:30 - 9:00 8 - 9:30 Long Course 9:00 - 9:30 8lanes 9:30 - 10:00 10:00 10:30 - 11:00 City Lap Swim 11:00 - 11:30 10 - 12:30 Long Course 11:30 - 12:00 8lanes 12:00 - 12:30 12:30 - 1:00 1:00 - 11:30 Rec swim 1:30 - 2:00 Rec Swim thru September 18th 12:30-4:00prr 2:00 - 2:30 12:30-4:00pm 8/16-9/18 2:30 - 3:00 3:00 - 3:30 3:30 - ,4:00 4:00 - 14:30 4:30 - 5:00 5:00 - 5:30 5:30 - 6:00 6:00 - 6:30 6:30 - 7:00 7:00 - 7:30 7:30 - 8:00 9:00 - 8:30 9:30 - 9:00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 printed 2/9/2005 9:06 AM BACPoolTimeFa112004062104.xls Mon - Thur Summer 2004 (6/12 - 8/15) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Small Pool 5:30am 6:00am Master's Long Course 6:30am M W F 5:30 - 8:30 M F 6:30 - '9:00 Long Course 7:00am I I I M W F 4 lanes Age Group 7:15 - 8:15 7:30am 4 lanes . Tu Th 4 lanes Age Group Muffie Tu/Thf 8:00am Tu Th 4 lanes Rec Swim 8 - 9:30 8:30am 9:00am 8:30 - 10:00 Maintenance Maintenance 9:30am I II I I I 10:00am 10:00 12:00 10:00 - 12:00 10:00`- 12:00 9:30 - 1:00 10:30am Swim Lessons Available for BAC use Lessons 11:00am 8 Lane 8 Lanes 4 lanes Parks & Rec 11:30am 12:00pm 12-1 112 - 1:15 Master's Swim 12 - 1:15 Lessons 12:30pm Muffie Swim Lessons M - F'`''' 12:00 - 1:15 Diving Class 1:0Opm 8 Lanes 1:30pm 2:OOpm 2:30pm 1:30 - 3:20 Rec Swim 1:30 - 3:20 3:OOpm I 3:30pm 'Summer Polo Rec Swim 4:00pm "' 3:45 - 7:15 3:30 - 8:00 3:45 -'5 14 & under 4:30pm 5:00pm Parks & Rec Age 5 - 6:30,116 & under 3:45 - 7 5:30pm III 6:00pm Lessons Group +` Parks & Rec 6:30pm ' 6:30 8 18 & under 7:00pm Swim I L Lessons 7:30pm 6 lanes 4 lanes 10 Lanes 8:0Opm 7:30 - 9:00 8:00 - 9:15 8:30pm Lap Swim Monday & Wednesday 9:00pm 10 Lanes Master's Polo' Notes: +ft Muffie has 2 shallow end lanes 5-6 prn M W Th beginning Feb 18-June 2, 2004 PAL's Wed 5/5 2-6:60 Th 5/6 1:00 -6:30 Sat 5/8 11:00-5:00 Age Group swim meets: May 22&23 (BAC); June 26 &27 BAC Age Group Polo starts the end of May and ends early August Mon - Thur Summer 2004 (6/12 - 8/15) January 29, 2004 BAC will hold two one hour Short Course swims in the morning. June 20,2004 BAC Masters will hold its annual swim meet which will run from early morning to about 1 p.m. No Age Group swimming 3rd&4th Week of August Revised January 19, 2004 Friday Summer 2004 (6/12 - 8/15) 1 2 3 411 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Small Pool 5:30am 6:OOam Master's Long Course 4 lanes'' 6:30am 5:30 - 8:30 7:00am Age Group;4 Lanes L E 7:15 - 8:15 7:30am 6:30 - 9' Muffie Tu/Th/ 8:OOam 8:30am 9:OOam 9:30am 8:30 - 11:00 8:30 - 11:00 10:00am Pool Maintenance Pool 10:30am Maintenance 11:OOa m 11:30am 11:00 - 1:15 12:OOpm Swim Lessons 12:30pm 12 Lanes Master's Swim 1:00pm 12 - 1:15 8 Lanes' 1:30pm 2:OOpm 2:30pm 1:30 - 4:30 1:30 - 4:30 3:OOpm 3:30pm Rec Swim Rec Swim 3:45pm 4:OOpm ;IA, Age Gr 4:30pm t .4 Lanes 5:OOpm 5:30pm 5 - 8:30 6_OOpm 6:30pm Available for Pool Parties 7:OOpm 7:30pm 8:OOpm 8:30pm 9:OOpm Saturday Summer 2004 (6/12 - 8/15) 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 16 17 18 191201 Small Pool 5:45am 6:00am 6 - 7:30 6:30am Age Group Polo 7:00am 3 Lanes Long Course 7:30am 8:00am 7:45 - 9:30 8:30am Lap Swim Masters Swim 9:00am 10 Lanes 8 to 9:30 am 10 lanes 9:30am 9:3011:45 10;30 -.12:00 9:30 - 11:45 10:00am Swim Lessons 10:00 -`12:00 Master's Polo`ex 6/5&12 10:30am' I I Age Group Swim ( I I ( Lessons 11:00am 6 lanes 6 lanes 1`0 - 12 Blanes 19:30 - 12:30 11:30am except May 2, 9, &1s Age Group Water Polo' 12:00pm On only June 5 &,June 12 12:30pm 1:OOpm 1:30pm 12:30 - 5:00 12:30 - 5:00 2:00pm 2:30pm 3:00pm Rec Swim Rec Swim 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm 6:00pm 5:30 - 8:30 6:30pm 7:00pm Available for Rental Events 7:30pm 8:OOpm 8:30pm 9:OOpm Sunday Summer 2004 (6/12 - 8/15) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Small Pool 5:45am 6:OOam 6:30am 7:00am 7:30am 8:00am 8:30am Masters Long Course 6 lanes 9:00am 8 to 9:30 am 9:30am 9:30 - 12:00' 10:00am Age Group Swimming 10:00 . 12-00 t, 10:30am hong Course 4 lanes Lap Swim 11:00am Long Course 4 Lanes 11:30am 12:OOpm 12:30pm' 1:OOpm 1:15pm 1:30pm 12:30 5:00 12:30 - 5:00 2:00pm 2:30pm 3:00pm Rec Swim Rec Swim 3:30pm 3:45pm 4:00pm 4:30pm 5:00pm 5:30pm 5:30 7:30 6:00pm I 6:30pm Lap Swim Long Course 7:00pm 8 Lanes 7:30pm 8:00pm 8:30pm 9:OOpm January 29,2004 BAC will hold two one hour Short Course swims in the morning. June 20,2004 BAC Masters will hold its annual swim meet which will run from early morning to about 1 p.m. Spring 2004 MWF 111213141516 7 8 9 10 11 12113 14115 16 171 18 19 20 5:10am 6:00 am n 6:30am A 7:00arn & R '01 7:30arn (M 601"""ho 8:00arn Friday Short Course) 8:30arn 9:00arn 9:30am 1 0:00arn 10:30am 1 1:00am 11:30am 12:00pm 12:30pm 1:00PM 1:30pm 2:00pm 2:30pm 3:00pm BHS Swim Team 3:30pm (2:30-5:00 pm), 4:00pm 4:30pm 5:00pm Muffie . ...... 5:30pm 5-6pm BAC Age-Group Swim TeaM 6:00pm M/W 6:30pm Age-Group Water Polo 6:45pm �(6-I:30pm)-No Fridays 7:00pm 7:30pm MASTERS 8:00pm WATER POLO 8:30pm 7:30-9pm]M/W 9:00PM T/TH 1 2 3 4 5 6 7 8 9 10111112 13 14 15 16 17 18 19 # 5:30am 6:00am 6:30am 7:00am BHS SWIM TEAM 7:30am (5:30 - 8:30am 8:00am 8:30am 9:00am 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm Lap Swim Masters Swim 1:00pm 12:00pm-2:00pm (12noon- 1:15pm) 1:30pm 2:00pm 2:30pm 3:00pm BHS Swim Team 3:30pm (2:30-5:00 pm) 4:00pm 4:30pm 5:00pm Muffie 5:30pm 5-6pm BAC Age-Group Swim Team 6:00pm Thurs only 6:30pm 6:45pm 7:00pm 7:30pm MASTERS 8:00pm WATER POLO 8:30pm (7:30-9pm) 9:OOpm Sat 1 2 3 4 5 6 7 8 9 10111 12 13114 15 16117 18 # 1201 5:30am 6:00am 6:30am 7:00am 7:30am Op"l, ....... S,, UTEA 8:00am BH .............. Qt30'-�9:W rn)' 8:30am , a %A 9:30am 9:00am 1 0:00a BAC Age Group 10:30a Swim Team BNS-SlwJrn,,Team l,- 1 1:00a (I Oam- 12noon) (Idam-12nobn) 11:30a 12:00pm 12:30p M 1:0OPM BACAST2S 1UATB12 POLE 1:30pm t 2:00pm Recreation Swim my 2:30pm 12, 0-4.30 ,.......... 3:00pm 3:30pm 4:00pm 4:30pm 5:00pm 5:30pm 6:00pm 6:30pm 6:45pm hk 7: 7:30pm 8:00pm 8:30pm 9:00PM Sun 1 2 3 4 5 6 7 8 9 10111 12 13114 15 16 17 18 19 # 5:30am 6:00a m 6:30am 7:00am 7:30am 8:00am 8:30am r 9:00am ti s 9:30am 10:00am 10:30am 11:00am 11:30am 12:00pm 12:30pm 1:0opm 1:30pm RECREATION SWIM 2:00pm 12:30-4:30 2:30pm 3:OOpm 3:30pm 4:00pm 4:30pm 5:0opm 5:30pm £ 6:00pm � 6:45pm 7:00pm K 7:30pm � � _ 8: ppm _ 8:30pm 9:00pm EXHIBIT D AGREEMENT ICOR DEVELOPMENT, iVIA1NTENANCE, OPERATIONS AND USE OF TME BURLINGAME IIIGH SCHOOL AQUATIC CENTER THIS AGREEMENT, made and entered into this 1Q� clay of 1997, by and between the CITY OF BURLINGAME, a municipal corporation, hereinafter referred to as "CITY" and the San Mateo Union High School District of San Mateo County, hereinafter referred to as "DISTRICT," the owner of the Burlingame High School swim 1)001, locker rooms, and mechanical systems, hereinafter referred to as "CENTER," appurtenant facilities, and remainder of the Burlingame High School property, hereinafter known collectively as "CAMPUS"). WITNESSETH WHEREAS, Section 10900, et seq. of the California Education Code authorizes public authorities (e.g., cities and school districts) to organize, promote and conduct programs of community recreation, establish systems of playgrounds and recreation and acquire, construct, improve, maintain and operate recreation centers within or without the territorial limits of such public authorities; and WHEREAS, Section 10905 of the California Education Code authorizes public authorities to enter into agreements with each other for the maintenance of recreation centers; and WHEREAS, Section 10910 of the California Education Code provides that the governing body of any school district may use or grant the use of any grounds of the school district to any other public authority for the organizing, promoting and conducting of community recreation whenever such use will not interfere with the use of those facilities for any other purpose of the public school system; and WHEREAS, the parties intend to jointly fund the initial construction and ongoing repair, improvements and operations as required, to keep the CENTER operating at maximum efficiency and in conformance with all applicable State, County and DISTRICT laws, rules, regulations and policies, for the period of time outlined in Item 3.c. 15, Term of this agreement; and WHEREAS, the DISTRICT and the CiTY intend to coordinate all CENTER scheduling and processing use applications for community and other groups activities; NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Scone of Planning and Construction Work Commencing on September 1 , 1997, or thereafter as practicable, the DISTRICT will contract with a recognized swim pool architectural design firm that is acceptable to the CITY to create construction plans and specifications for the CENTER, based on the master plan dated June 30, 1997, submitted by Aquatic Design Group, Inc. and approved in concept by the San Mateo Union High School District Board of Trustees (TRUSTEES) and the Burlingame City Council (COUNCIL) (Exhibit "A"). The DISTRICT will be solely responsible for the contracting and supervision of the preparation of all construction plans and specifications for the CENTER. DISTRICT shall submit all plans and specifications to the CITY for review and approval before final acceptance of the plans and specifications by the DIS'T'RICT. CITY approval shall not be unreasonably withheld. Agreement: Burlingame High School Aquatic Center Page 2 Upon the completion and approval of plans and specifications by the Office of Regulatory Services, Division of the State Architect, the DISTRICT shall use its usual and customary bidding procedures to award the contract for construction of the CENTER. The DISTRICT will be solely responsible for the supervision of all construction and the final acceptance of the CENTER. However, before approving any change order in excess of $5,000 and before making any substantive changes in the plans and specifications during construction, DISTRICT will notify CITY and allow at least five (5) days for review, unless such change is required to correct an emergency situation. The DISTRICT shall keep the CITY advised on a regular basis of the progress of the CENTER construction. No later than February 27, 1998, DISTRICT and CITY will jointly decide on an opening date for the CENTER, based on progress of the construction. 2. Fundingof the CENTER Not later than September 30, 1997, the DISTRICT shall establish a Burlingel me High School Aquatic Center Prgjecr Account, hereinafter referred to as "PROJEC"I ACCOUNT," in a Building Fund to account for the CENTER construction described. DISTRICT shall transfer an amount not to exceed $300,000 from the General Unrestricted Fund to the PROJECT ACCOUNT and the CITY shall deposit $1,000,000 to the PROJECT ACCOUNT in consideration for this AGREEMENT. Any unexpended balance in the PROJECT ACCOUNT at the completion of the CENTER shall be maintained by the DISTRICT as funds for improvements, maintenance and operations directly related to the CENTER. DISTRICT shalt provide an annual report in September following the close of the fiscal year to the COUNCIL and the BOARD of the prior year revenue and expenditures, current fiscal year budget and the balance of moneys currently available in the PROJECT ACCOUNT until such time as this AGREEMENT is terminated. The PROJECT ACCOUNT will be reimbursed by the DISTRICT and the CITY as outlined in ITEM 3.b and 3.c. In the event the CENTER exceeds the funds available, the parties of the AGREEMENT shall meet and attempt to agree on apportionment of funding to complete the CENTER. Responsibility for the CENTER 3.a. Prior to Omning of CENTER Throughout preparation of plans and specifications and construction of the CENTER, the DISTRICT shall be solely responsible for the safety, security, maintenance and operations of the CENTER and CAMPUS. 3.b Maintenance and Operations of Completed CENTER The DISTRICT shall maintain the CENTER and CAMPUS, including turf, grounds, landscaped areas, buildings, parking lots, fences, sidewalks, and trees and shall continuously remove garbage, refuse, rubbish, litter and other solid waste pursuant to its normal procedures. The DISTRICT shall maintain and operate the CENTER including the locker rooms and offices and restrooms, swim pool tank, pool deck, swim pool water, mechanical room and systems in accordance with current State, County and DISTRICT laws and standards for operation and maintenance for public swim pools. DISTRICT shall maintain detailed records of all expenditures of CENTER which include: water, electricity, gas, chemicals, materials, and other required supplies including a 5 percent overhead charge. Agreement: Burlingarlle I-Iibh School Aquatic Center Page '3 3.c. Reimbursement and Responsibilities CITY shall reimburse the DISTRICT for 65 percent (65%) of the costs incurred and paid by the ISIS"1,1tIC"I' for the CENTER pursuant paragraph 3.b. following completion of the CENTER. This contribution is based on the estimated usage of tile parties of AGREEMENT. it is estimated that the CITY will annually use or arrange to use 65 percent (65%) of the available swill, pool hours. "1-he CITY shall make reimbursement to the DISTRICT when presented with an itenlized invoice from the DISTRICT. Tile DISTRICT shall present such all invoice no less than on a quarterly basis, and CITY shall make payment within thirty (30) clays from the date of presentation. 3.c.1. Emergencies In the event of an emergency or an imminent safety hazard, including, without limitation, earthquakes, fires, flooding, or other similar events, the DISTRICT may perform non-scheduled repair or maintenance work at the CENTER without prior notification to the CITY. "rhe DISTRICT shall notify the CITY of such emergency work within a reasonable time. 3.c.2. Communication Regarding Maintenance With the exception of safety concerns, any concerns of the CITY about the general maintenance or use of the CENTER will be conurlunicated to the lant Manager by the CITY Recreation Superintendent. Burlingame High School P 3.c.3. Annual Maintenance DISTRICT may close CENTER for annual maintenance and necessary repairs for the period December I to January 31 each school year. When the annual maintenance is completed the CiTY shall be notified. if maintenance closures will require more time, Burlingame High School Plant Manager will notify CITY Recreation Superintendent or his designee at the earliest possible opportunity as to what period of closure is anticipated. During the time of closure, neither school students nor the general public will be permitted to be within the CENTER. 3.c.4. Extra Work CITY and DISTRICT agree that extra work may be required from time-to- time due to a failure of pool, Mechanical system, or other facility, due to a need for repairs to irrigation system; due to acts of vandalism or other criminal activity; due to repairs caused by or due to an act of God; because of a special event conducted by either party; because of legal requirements; or for some other unpredicted circumstance. It is agreed th �1CT ►I �tnWtsrtkmells et ilrtgooddc tltfaitlhrand scope of this contract. CITY and DIS negotiate how such extra work is to be performed and flow any costs caused by such extra work shall be apportioned by the two parties. Agreement: Burlingame I-ligh School Aquatic Center Page 4 3.c.5. Modifications to Facility and/or Intended Use There shall be no additional development or any physical changes to the CENTER without the prior joint written consent of the DISTRICT and the CITY. Such consent shall not be unreasonably withheld. After completion of the facility, nothing shall be clone by either the DISTRICT or the CITY or be authorized by thdm to be clone by a third party, which would interfere with the intended use of the CENTER. 3.c.6. Relationship of the Parties It is understood that DISTRICT pool and building maintenance workers, supervisors, teachers, coaches, lifeguards and contractors are employees and contractors of the DISTRICT and the CITY does not provide liability or worker's compensation insurance or benefits for any such employees and contractors. It is understood that CITY building maintenance workers, supervisors, instructors, coaches, lifeguards, and contractors are employees of the CITY and the DISTRICT does not provide liability or worker's compensation insurance or benefits for any such employees and contractors. 3.e.7. CITY and DISTRICT Usa!=e of Facilities The DISTRICT shall schedule the use of' the CENTER between the hours of 8:00 AM and 5:00 PM on school clays. The CITY shall schedule the use of the CENTER on weekends, District holidays and DISTRICT vacation periods and between 5:01 PM until 10:00 PM and between 6:00 AM and 7:59 AM on school clays. It is understood that some DISTRICT use may need to be accommodated before 8:00 AM during certain times of the year, and the DISTRICT and the CITY agree that DISTRICT shall have the use of two swim lanes (hiring school clays prior to 8:00 AM whenever requested by DISTRICT with a minimum of seven clays prior notice. The DISTRICT shall have priority use on school days for any interscholastic competition. The DISTRICT shall advise the CITY 90.days prior to any regularly-scheduled interscholastic competition that might extend past 5:00 PM. In the case of interscholastic events that are rescheduled on weekdays for unavoidable reasons or in the case of special games or competitions, such as playoff contests or league championships, DISTRICT will advise CITY as soon as it has notice of the events and DISTRICT use shall have priority. DISTRICT practices or other activities do not have priority after 5:00 PM on school clays unless prior approval has been given by CITY. The CiTY shall have priority use during its assioned evening, weekends, District holidays and vacation periods. During its assigned time periods, CITY will make every attempt to accommodate DISTRICT interscholastic competitions when notice is given to CITY 90 clays prior to the proposed event. When CITY is notified by DISTRICT of a proposed interscholastic competition less than 90 Agreement: Burlingame High School Aquatic Center Page 5 days prior to the elate requested, Cl"I,Y will meet with DISTRICT and consider the request. DISTRICT requests for practices or other activities during the CITY's assigned time periods will be considered by CI'T'Y on a space available basis. 3.c.8. Public Use of CENTER All public and/or private use reservations of the CENTER shall use the Use of Fucilifies form of the DISTRICT. All parties of the agreement will insure that renters adhere to all DISTRICT policies, such as liability waivers, insurance requirements as stated on the back of the Use of Facilities' form of the DISTRICT. Copies of forms for use of the CENTER by other than CITY or DISTRICT groups shall be provided to the CITY and DISTRICT ten (10) days in advance of the group's use. The DISTRICT shall be solely responsible for determining: (1) the parameters of the use priority system and (2) the collection and retention of fees during such times the DISTRICT has use of the CENTER. The CITY shall be solely responsible for determining: (1) the parameters of the use priority system and (2) the collection and retention of fees during such times the CITY has use of the CENTER. (See Paragraph 3.c.7. for Usage of f=acilities) All collection of' fees will conform to the laws governing school grounds and those which are applicable to the CITY'S property. in the event of conflict between laws governing school grounds and those applicable to CITY property, the laws governing school grounds shall prevail. 3.c.9. Schedulirlx, of Use and Maintenance As soon as practicable after the anticipated CENTER completion date has been First established, the authorized representatives of the parties will meet with each other to discuss and coordinate the development of the first CENTER schedules for use, maintenance and operations. The authorized representatives will meet for scheduling purposes in the future, as required, but no less often than twice annually during the term of this agreement. In performing its maintenance obligations, DISTRICT will use its best efforts to minimize interference with the CITY'S scheduled use of the CENTER. It is recognized that some odd or unusual hours may be required of Maintenance personnel. 3.c. 10. Hold Harmless A,_,reement Based on the AGREEMENT of the UIS"I'IzICT and the CITY to obtain property and liability insurance coverage fvr the public and/or private use of the CENTER scheduled by the CITY outside of school hours, the CITY and the DISTRICT agree to a mutual hold harmless. Agreement: Burlingame I-ligh School Aquatic Center Page 6 It is agreed thal the CITY shall defend, hold harmless and indemnify DISTRICT, its officers and/or employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this agreement and which result I-onn the negligent acts or omissions of CITY, its officers and/or employees. It is further agreed that DISTRICT shall defend, hold harmless and indemnify CITY, its officers and/or employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this agreement and which result from the negligent acts or omissions of DISTRICT, its officers and/or employees. In the event of concurrent negligence, CITY, its officers and/or employees, and DISTRICT, its officers and/or employees, then the liability for any and all injuries for claims for injuries or damages to persons and/or property which arise out of the terms and conditions of this agreement, shall be apportioned according to the California theory of comparative negligence. 3.c.11. Not a Joint Powers Agency Nothing contained in this Agreement shall be construed as intended to nor shall it be a joint powers agency of any kind. 3.c.12. Insurance The DISTRICT shall obtain property and liability insurance coverage with its insurance carrier for the CENTER. The CITY shall reimburse the DISTRICT eighty-five percent (85%) for the cost of coverage for CITY or other use scheduled by the CITY during school hours. 3.c.13. No Ownership Interest Intended Nothing contained herein is intended to create in the CITY any ownership interest whatsoever by the CITY in CENTER or any other part of CAMPUS. 3.c.14. Amendments This agreement may be amended or modified by written agreement signed by both parties, including the continuing or changing of maintenance and operations program or use policies for CENTER in subsequent years. Failure on the part of either party to enforce any provisions of this agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions. Page 7 Agreement Burlingame High School Aquatic Center 3.c.15. Term The tern of this agreement shall be for twenty-five (25) years from the day and date above written. At the expiration of such term, this agreement shall be automatically extended for additional terms of five (5) years, unless either the DISTRICT or the CITY provides written notice to the other at least six (6) months before the end of the term of this agreement that they wish to review or terminate this agreement. 3.c.16. Notices All notices shall be in writing and delivered to in person or transmitted by certified mail, return receipt requested, postage paid: Notices required to be given to DISTRICT shall be addressed: Chief Business Official San Mateo Union I-ligh School District 650 North Delaware Street San Mateo, CA 94401-1795 Notices required to be given to CITY shall be addressed: Parks & Recreation Director City of Burlingame. 850 Burlingame Avenue Burlingame, CA 94010 Said persons shall be representatives of DISTRICT and CITY for all purposes of this agreement. 3.c.17. Dispute Resolution If from time-to-lime disputes relative to maintenance and operations, use, scheduling, and other items of interpretation of the provisions of this agreement arise which are not resolved through the efforts of the DISTRICT and CITY representatives, then it is the intent of the parties to this agreement that the DISTRICT Superintendent and CITY Manager shall meet to discuss the issues in an effort to resolve the dispute. All unresolved disputes, claims or other matters in question arising out of or relating to this agreement or breach thereof may•ultimalely be decided by means of legal action provided by California State Law. Any attorneys fees and associated costs arising from such legal action shall be paid by the unsuccessful party. Reasonable attorney's fees and court costs not to exceed $7,500 in total may be awarded to the prevailing party by the Court. Agreement: Burlingame 1-ligh School Aquatic Center Page 8 3.c. 18. Interpretation As used herein , any gentler included each other gentler, the singular includes the plural , and vice versa. Nothing contained ill this agreement is intended to nor does it create a joint powers agency as provided in the Government Code. 3.c. 19. Venue The applicable law for any legal disputes arising out of this AGREEMENT shall be the law of the State of California, and the forum and venue for such disputes shall be the appropriate Superior or Municipal Court in and for San Mateo County. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the clay and year first above written. CITY OF BURLINGAME APPRO%{ED AS "hO FORM : A Munici al Corporation �7 By ,i Attorney City Manager A'I I'EST: it C erk SAN UNION HIGH SCI- OL DISTRI / Y 'Phomas C. Mohr, Secretary to the Board Legal Counsel $2,483,858.37 Ck.No.10021-10444 Excludes Library cks.10139-10167 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT l � 9&4fow Payroll for February 2005 $2,425,677.83 Ck.No.161370-161643 1 INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS&ICMA DEFERRED COMP SECTION 125 DEDUCTION CD as co . =3 Q au d o � m W N S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS o CITY OF BURLINGAME 03-03.2005 WARRANT REG I ST ER PAGE 7 FUND RECAP - 04-05 NAME FUND AMOUNT GENERAL FUND 101 28,980.00 PAYROLL REVOLVING FUND 130 20,274.16 CENTRAL COUNTY FIRE 201 5,046.18 CAPITAL IMPROVEMENTS FUND 320 100,346.89 WATER CAPITAL PROJECT FUND 326 252,723.30 SEWER CAPITAL PROJECT FUND 327 382,150.00 WATER FUND 526 201.36 SEWER FUND 527 199,473.00 SOLID WASTE FUND 528 7,350.00 FACILITIES SERVICES FUND 619 1,221.36 EQUIPMENT SERVICES FUND 620 1,683.90 INFORMATION SERVICES FUND 621 370.22 FIRE MECHANIC SERVICES FUND 625 1,337.37 UTILITY REVOLVING FUND 896 12,444.68 TOTAL FOR APPROVAL $1,013,602.42 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 7 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 10377 THROUGH 10444 INCLUSIVE,TOTALING IN THE AMOUNT OF $1,013,602.42, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, ...................... ........ ..... . . . ./. ../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT ........... . . . . . . ... . . . . . .. . . . . . . . . . . . ./. . ./. . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '*' Denotes Hand Written Checks 10444 SLEEPRITE INDUSTRIES INC. 25237 311.76 BLDG. & GROUNDS MAINT. 311.76 201 65200 190 TOTAL $1,013,602.42 ^�,,\ CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10430 TEAMSTERS #856 24526 476.00 UNION DUES 476.00 130 21091 10431 TEAMSTERS UNION LOCAL 856 24528 320.60 EMPLOYEE BENEFITS 5.52 130 21015 MISCELLANEOUS 315.08 130 21092 10432 AT&T WIRELESS 24607 468.82 UTILITY EXPENSE 468.82 896 20281 10433 AT&T WIRELESS 24640 889.12 COMMUNICATIONS 276.62 101 66100 160 UTILITY EXPENSE 612.50 896 20281 10434 AETNA 24760 2,812.01 MISCELLANEOUS 271.30 130 20028 EMPLOYEE BENEFITS 2,540.71 130 20022 10435 DELTA DENTAL PLAN OF CALIFORNIA 24793 5,555.83 EMPLOYEE BENEFITS 5,555.83 130 20014 10436 THE HARTFORD PRIORITY ACCOUNTS 24796 5,138.22 EMPLOYEE BENEFITS 4,145.72 130 20021 MISCELLANEOUS 992.50 130 20025 10437 JACOBSEN'S OF ADAIR 24919 33.20 MISC. SUPPLIES 33.20 526 69020 120 10438 A2Z BUSINESS SYSTEMS 25020 1,110.00 CONTRACTUAL SERVICES 1,110.00 101 65150 220 10439 SBC LONG DISTANCE 25033 109.90 UTILITY EXPENSE 109.90 896 20281 10440 HARTY PIPELINES 25064 7,766.84 PROFESSIONAL & SPECIALIZED S 7,766.84 320 80110 210 10441 CATHY FOXHOVEN 25088 795.50 CONTRACTUAL SERVICES 795.50 101 68010 220 1349 10442 J.F. PACIFIC LINERS 25144 54,840.65 CONTRACTUAL SERVICES 42,965.65 320 79390 220 CONTRACTUAL SERVICES 11,875.00 327 81010 220 10443 JAKE PELK 25236 750.00 TRAINING EXPENSE 750.00 201 65200 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10416 ERLER AND KALINOWSKI,INC. 23531 39,781.94 PROFESSIONAL & SPECIALIZED S 138.72 326 81200 210 PROFESSIONAL & SPECIALIZED S 964.08 326 73171 210 PROFESSIONAL & SPECIALIZED S 31,911.73 326 81190 210 PROFESSIONAL & SPECIALIZED S 6,767.41 326 80722 210 10417 SCS FIELD SERVICES 23727 7,350.00 PROFESSIONAL & SPECIALIZED S 7,350.00 528 66600 210 10418 SBC/MCI 23728 8,479.36 COMMUNICATIONS 16.38 101 67500 160 COMMUNICATIONS 168.16 526 69020 160 UTILITY EXPENSE 8,294.82 896 20281 10419 UBS 23951 181.15 MISC. SUPPLIES 53.15 619 64460 120 5240 CONTRACTUAL SERVICES 128.00 619 64460 220 5180 10420 QUILL 24090 258.50 OFFICE EXPENSE 258.50 621 64450 110 10421 FLORA ROBELET 24167 100.00 CONTRACTUAL SERVICES 100.00 101 68010 220 1521 10422 ERIC GATTMAN 24169 732.60 CONTRACTUAL SERVICES 732.60 101 68010 220 1521 10423 OLIVIA CHEN CONSULTANTS 24445 509.86 PROFESSIONAL & SPECIALIZED S 509.86 326 80910 210 10424 C.W. ROEN CO. 24474 370,275.00 CONTRACTUAL SERVICES 370,275.00 327 79480 220 10425 CENTRAL COUNTY FIREFIGHTERS FUND 24518 4,485.00 MISCELLANEOUS 4,485.00 130 20016 10426 CENTRAL COUNTY FIREFIGHTERS FUND 24519 64.00 UNION DUES 64.00 130 21080 10427 BURLINGAME POLICE ADMINISTRATION 24520 180.00 MISCELLANEOUS 180.00 130 20024 10428 BURLINGAME POLICE OFFICERS ASSN 24521 560.00 MISCELLANEOUS 560.00 130 20024 10429 C.L.E.A. 24523 682.50 MISCELLANEOUS 682.50 130 20026 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10404 BURTON'S FIRE, INC. 19366 1,579.36 FIRE APPARATUS MAINT. 264.72 201 65200 203 FIRE APPARATUS MAINT. 1,314.64 625 65213 203 10405 ARLETTE PETERSON 20547 795.50 CONTRACTUAL SERVICES 795.50 101 68010 220 1349 10406 SPRINT PCS 20724 72.74 COMMUNICATIONS 33.83 101 64420 160 COMMUNICATIONS 38.91 101 64150 160 10407 QUICK MIX CONCRETE 21140 387.00 SIDEWALK REPAIR EXPENSE 387.00 101 66210 219 10408 D.L. FALK CONSTRUCTION INC. 21647 47,652.90 CONTRACTUAL SERVICES 47,652.90 320 80370 220 10409 CHRISSY HOLMES 21723 246.00 CONTRACTUAL SERVICES 246.00 101 68010 220 1644 10410 OFFICE DEPOT CREDIT PLAN 22216 224.97 OFFICE EXPENSE 224.97 101 65100 110 10411 MARK GRISEDALE 22403 240.00 CONTRACTUAL SERVICES 240.00 101 68010 220 1660 10412 MONEY 22983 39.95 DUES 8 SUBSCRIPTIONS 39.95 101 66100 240 10413 OFFICE MAX 23306 399.15 OFFICE EXPENSE 43.26 101 64400 110 OFFICE EXPENSE 233.60 101 68010 110 1101 OFFICE EXPENSE 10.57 101 64250 110 OFFICE EXPENSE 111.72 621 64450 110 10414 ANCHOR DETAILING 23368 328.50 VEHICLE MAINT. 328.50 201 65200 202 10415 DATASAFE 23410 1,093.53 OFFICE EXPENSE 420.68 101 66100 110 OFFICE EXPENSE 51.73 101 64420 110 OFFICE EXPENSE 112.64 101 64200 110 MISC. SUPPLIES 123.90 101 64350 120 MISC. SUPPLIES 51.73 101 64400 120 BANKING SERVICE FEES 332.85 101 64250 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10391 CHIEF BILL REILLY 11568 2,502.32 MISCELLANEOUS 300.00 201 35230 MISCELLANEOUS 35.00 201 22585 OFFICE EXPENSE 91 .11 201 65200 110 SUPPLIES 163.71 201 65200 112 MISC. SUPPLIES 39.44 201 65200 120 UNIFORMS AND EQUIPMENT 296.86 201 65200 140 FIRE APPARATUS MAINT. 4.08 201 65200 203 DUES & SUBSCRIPTIONS 55.00 201 65200 240 TRAVEL & MEETINGS 204.39 201 65200 250 TRAINING EXPENSE 1 ,290.00 201 65200 260 FIRE APPARATUS MAINT. 22.73 625 65213 203 10392 BAY AREA AIR QUALITY 14358 305.00 PUMP EQUIPMENT REPAIR 305.00 619 64460 230 5130 10393 DHL EXPRESS 14958 29.88 COMMUNICATIONS 29.88 101 65100 160 10394 SYDNEY MALK00 16347 173. 19 SMALL TOOLS 173. 19 620 66700 130 10395 LINDA HOECK 16390 2,021 .00 CONTRACTUAL SERVICES 2,021 .00 101 68010 220 1349 10396 JMB CONSTRUCTION, INC. 17299 212,431 .50 CONTRACTUAL SERVICES 2121431 .50 326 80770 220 10397 JO CROSBY & ASSOCIATES 18077 1 ,861 .50 PROFESSIONAL & SPECIALIZED S 1 ,861 .50 320 80370 210 10398 SAN FRANCISCO BAY CONSERVATION 18630 100.00 MISC. SUPPLIES 100.00 320 77190 120 10399 BAY ALARM 18854 157.50 CONTRACTUAL SERVICES 157.50 619 64460 220 5140 10400 TRICIA PINNEY 18969 73.84 TRAVEL & MEETINGS 73.84 101 68010 250 1101 10401 PRUDENTIAL OVERALL SUPPLY 19027 221 .70 CONTRACTUAL SERVICES 221 .70 201 65200 220 10402 PEGGY GUARALDI 19044 153.60 CONTRACTUAL SERVICES 153.60 101 68010 220 1660 10403 ARROWHEAD MOUNTAIN SPRING WATER 19330 16.39 MISC. SUPPLIES 16.39 620 66700 120 I I � CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 03/03/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10377 BURLINGAME RECREATION DEPT. 01663 368.00 RECREATION EXPENSES 368.00 101 10700 10378 GCS WESTERN POWER& 01857 1,124.85 SUPPLIES 1,124.85 620 15000 10379 L. N. CURTIS&SONS 02027 602.95 UNIFORMS AND EQUIPMENT 602.95 201 65200 140 10380 VEOLIA WATER 02110 199,473.00 CONTRACTUAL SERVICES 199,473.00 527 66530 220 10381 EWING IRRIGATION PRODUCTS 02157 52.93 MISCELLANEOUS 52.93 101 68020 192 2200 10382 FEDEX 02160 140.79 OFFICE EXPENSE 119.32 101 64420 110 MISC. SUPPLIES 21.47 101 64400 120 10383 WATER/FINANCE PETTY CASH 02184 2,958.64 MISCELLANEOUS 2,958.64 896 20282 N 10384 W.N. GRAINGER, INC. 02248 274.03 SMALL TOOLS 55.09 101 65200 130 TRAFFIC CONTROL MATERIALS 72.44 101 66210 222 SUPPLIES 146.50 620 15000 10385 GRANITE ROCK COMPANY 02261 681.03 STREET RESURFACING EXPENSE 681.03 101 66210 226 10386 LAWSON PRODUCTS, INC. 02755 689.52 MISC. SUPPLIES 466.55 619 64460 120 SUPPLIES 222.97 620 15000 10387 P. G. &E. 03054 17,474.14 GAS&ELECTRIC 17,474.14 101 66100 170 10388 TAP PLASTICS 03739 86.96 MISC. SUPPLIES 86.96 201 65200 111 10389 TIMBERLINE TREE SERVICE, INC. 03760 1,439.04 CONTRACTUAL SERVICES 1,439.04 101 68020 220 2300 10390 B.E.I. ELECTRICAL SUPPLIES 09072 111.16 MISC. SUPPLIES 54.61 619 64460 120 5130 MISC. SUPPLIES 16.05 619 64460 120 MISC. SUPPLIES 26.95 619 64460 120 5240 MISC. SUPPLIES 13.55 619 64460 120 5120 CITY OF BURLINGAME 02-25-2005 W A R R A N T R E G I S T E R PAGE 9 FUND RECAP - 04-05 NAME FUND AMOUNT GENERAL FUND 101 103,949.28 PAYROLL REVOLVING FUND 130 4,661.00 CENTRAL COUNTY FIRE 201 2,211.61 CAPITAL IMPROVEMENTS FUND 320 42,902.63 SEWER CAPITAL PROJECT FUND 327 281,166.15 WATER FUND 526 24,569.46 SEWER FUND 527 6,695.21 SOLID WASTE FUND 528 1,111.28 SELF INSURANCE FUND 618 1,450.93 FACILITIES SERVICES FUND 619 5,105.72 EQUIPMENT SERVICES FUND 620 703.84 INFORMATION SERVICES FUND 621 2,354.32 TRUST AND AGENCY FUND 731 157,405.86 BURLINGAME TRAIN SHUTTLE PROGRAM 736 20,197.71 UTILITY REVOLVING FUND 896 45,207.80 TOTAL FOR APPROVAL $699,692.80 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 9 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 10273 THROUGH 10376 INCLUSIVE,TOTALING IN THE AMOUNT OF $699,692.80, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, ..... ........... .../. ./. ..................... . .. FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... ./- ./. .......... . . .. COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10366 CENVEO 25003 356.09 OFFICE EXPENSE 356.09 101 64250 110 10367 WATKINS AND BORTOLUSSI 25011 5,752.80 CONTRACTUAL SERVICES 51752.80 320 79300 220 10368 JOHN CHILCOTT 25032 220.00 EMPLOYEE BENEFITS 220.00 130 20015 10369 PITNEY BOWES SERVICE SOLUTIONS 25227 11180.80 CITY HALL MAINTENANCE 11180.80 621 64450 200 10370 ORLANDO BUENA 25229 1 ,000.00 MISCELLANEOUS 11000.00 101 22525 10371 GEORGE PLAVJIAN 25230 4,100.00 DEPOSIT REFUNDS 4,100.00 101 22520 10372 MARK LIEW 25231 400.00 MISCELLANEOUS 400.00 101 22525 10373 PATRICK DOHERTY 25232 1 ,015.00 MISCELLANEOUS 1 ,015.00 101 22525 10374 MICHAEL CAFFERKEY 25233 240.00 MISCELLANEOUS 240.00 101 22525 10375 METROPOLITAN TRANSPORTATION COMM 25234 200.00 TRAINING EXPENSE 200.00 101 66100 260 10376 MICHAEL VONADA 25235 190.00 EMPLOYEE BENEFITS 190.00 130 20060. TOTAL $699,692.80 �lT' Np CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT 1W6 Denotes Hand Written Checks 10352 BANK OF NEW YORK 23553 2,450.00 BANK TRUSTEE SERVICES 1,600.83 526 69020 763 BANK TRUSTEE SERVICES 849.17 527 66530 763 10353 SBC/MCI 23728 210.00 COMMUNICATIONS 210.00 101 67500 160 10354 SFPUC WATER QUALITY BUREAU 23846 1,540.00 MISCELLANEOUS 1,540.00 526 69020 233 10355 DEPARTMENT OF JUSTICE 23905 60.00 MISCELLANEOUS 28.00 101 23620 PROFESSIONAL&SPECIALIZED S 32.00 101 64420 210 10356 UNIVERSAL BUILDING SERVICES 23941 579.69 CONTRACTUAL SERVICES 579.69 619 64460 220 5110 10357 AEP WORKSHOPS 24166 55.00 MISC. SUPPLIES 55.00 101 64400 120 10358 CALIFORNIA WATER SERVICE COMPANY 24249 576.00 MISCELLANEOUS 576.00 526 69020 233 10359 HONEYWELL 24546 2,796.00 PROFESSIONAL&SPECIALIZED S 796.00 619 64460 210 5240 , PROFESSIONAL&SPECIALIZED S 2,000.00 619 64460 210 5180 10360 IMEDD INCORPORATED 24550 109.65 MISCELLANEOUS 109.65 618 64520 234 10361 AT&T WIRELESS 24607 55.90 COMMUNICATIONS 55.90 101 64250 160 10362 JOHN BOLOGNA 24628 147.00 CONTRACTUAL SERVICES 147.00 101 68010 220 1780 10363 BRIAN MCKAGUE 24778 435.00 EMPLOYEE BENEFITS 435.00 130 20060 10364 KIEFER AND ASSOCIATES 24869 81.57 MISC. SUPPLIES 81.57 101 68010 120 1893 10365 S AND S SUPPLIES&SOLUTIONS 24963 3,345.66 MISC. SUPPLIES 53.77 527 66520 120 SMALL TOOLS 263.05 527 66520 130 MISCELLANEOUS 3,028.84 527 66520 400 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hard Written Checks 10342 LUDLOW & ASSOCIATES 23022 1,904.17 MISC. SUPPLIES 1,904.17 527 66520 120 10343 BILL REILLY 23046 1,248.00 MISCELLANEOUS 1,248.00 101 65200 031 10344 D'ARCY & HARTY CONSTRUCTION, INC 23092 256,986.25 CONTRACTUAL SERVICES 256,986.25 327 81010 220 10345 CHRIS NGAI 23110 1,875.00 MISCELLANEOUS 1,875.00 101 22546 10346 T. RANDOLPH GRANGE 23112 525.00 MISCELLANEOUS 525.00 731 22525 10347 THE MOBILE STORAGE GROUP 23138 192.47 PROFESSIONAL & SPECIALIZED S 192.47 526 69020 210 10348 AT&T WIRELESS 23169 49.00 COMMUNICATIONS 49.00 201 65200 160 10349 SIERRA OFFICE SUPPLIES 23301 1,561.22 OFFICE EXPENSE 13.82 101 64350 110 OFFICE EXPENSE 29.93 101 66210 110 OFFICE EXPENSE 95.25 101 65100 110 OFFICE EXPENSE 0.85 101 64150 110 MISC. SUPPLIES 259.75 101 66210 120 MISCELLANEOUS 298.23 101 64250 400 OFFICE EXPENSE 246.67 526 69020 110 OFFICE EXPENSE 93.94 527 66520 110 OFFICE EXPENSE 115.22 619 64460 110 MISCELLANEOUS 407.56 621 64450.400 10350 OFFICE MAX 23306 1,064.24 OFFICE EXPENSE 457.19 101 68010 110 1101 OFFICE EXPENSE 34.56 101 66100 110 OFFICE EXPENSE 100.60 101 68010 110 1330 OFFICE EXPENSE 13.89 101 66100 110 OFFICE EXPENSE 68.24 101 64400 110 OFFICE EXPENSE -16.34 101 68010 110 1101 OFFICE EXPENSE 12.64 101 64400 110 OFFICE EXPENSE 393.46 621 64450 110 10351 ERLER AND KALINOWSKI,INC. 23531 2,673.70 CONTRACTUAL SERVICES 2,673.70 526 69020 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *' Denotes Hand Written Checks 10328 SAN MATEO COUNTY CONTROLLERS OFF 21897 18,726.50 MISCELLANEOUS 18,726.50 101 37010 10329 SARTOR SAW WORKS 22070 320.72 EQUIPMENT MAINT. 200.72 101 68020 200 2200 EQUIPMENT MAINT. 120.00 101 68020 200 2300 10330 ROBERTS AND BRUNE 22178 814.35 MISC. SUPPLIES 814.35 526 69020 120 10331 UNDERGROUND CONSTRUCTION MANAGER 22305 24,179.90 PROFESSIONAL & SPECIALIZED S 24,179.90 327 81010 210 10332 LORI MINER 22308 1,945.00 EMPLOYEE BENEFITS 1,945.00 130 20015 10333 STEVE NELSON 22449 84.00 CONTRACTUAL SERVICES 84.00 101 68010 220 1780 10334 CSG CONSULTANTS 22465 1,190.00 MISCELLANEOUS 1,020.00 201 35220 000 7100 MISCELLANEOUS 170.00 201 35221 000 7100 10335 PARKING COMPANY OF AMERICA 22500 20,197.71 CONTRACTUAL SERVICES 14,319.28 736 64571 220 CONTRACTUAL SERVICES 5,878.43 736 64572 220 10336 MAXIMUS, INC 22746 2,750.00 PROFESSIONAL & SPECIALIZED S 2,750.00 101 64560 210 10337 SAN MATEO REGIONAL NETWORK, INC. 22759 435.00 MISCELLANEOUS 435.00 896 20283 10338 JAMES YARBOROUGH 22793 147.00 CONTRACTUAL SERVICES 147.00 101 68010 220 1780 10339 SAN MATEO DAILY JOURNAL 22804 625.00 MISCELLANEOUS 625.00 526 69020 233 10340 DEAN WILLIAMS 22940 1,015.00 MISCELLANEOUS 1,015.00 101 22525 10341 CPS 23005 522.50 PERSONNEL EXAMINATIONS 522.50 101 64420 121 CITY OF BURLINGAME f W A R R A N T R E G I S T E R PAGE 4 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10313 ARROWHEAD MOUNTAIN SPRING WATER 19330 403.75 OFFICE EXPENSE 102.50 101 64250 110 MISC. SUPPLIES 301.25 201 65200 111 10314 WILSEY & HAM 19397 4,279.50 PROFESSIONAL & SPECIALIZED S 4,279.50 320 80520 210 10315 WINGES ARCHITECTURE & PLANNING 19471 200.00 MISCELLANEOUS 200.00 731 22525 10316 POWER WASHING SERVICE 19564 1,111.28 PROFESSIONAL & SPECIALIZED S 1,111.28 528 66600 210 10317 BAY AREA BUSINESS CARDS INC 19588 24.90 MISC. SUPPLIES 24.90 101 65300 120 10318 AFFINITEL COMMUNICATIONS 20246 372.50 COMMUNICATIONS 372.50 621 64450 160 10319 JEFF DOWD 20779 199.50 CONTRACTUAL SERVICES 199.50 101 68010 220 1785 10320 PACIFIC COAST TRANE SERVICE 20818 743.75 PROFESSIONAL & SPECIALIZED S 743.75 619 64460 210 10321 JIM KEIGHRAN 20912 1,015.00 MISCELLANEOUS 1,015.00 101 22525 10322 K•119 OF CALIFORNIA, INC. 20924 141.54 SMALL TOOLS 141.54 101 68020 130 2200 10323 QUICK MIX CONCRETE 21140 476.62 SIDEWALK REPAIR EXPENSE 476.62 101 66210 219 10324 ESA ENVIRONMENTAL SCIENCE ASSOC 21160 925.00 DEPOSIT REFUND 925.00 731 22590 10325 COW GOVERNMENT, INC. 21482 185.13 EQUIPMENT MAINT. 126.51 101 66100 200 MISC. SUPPLIES 58.62 526 69020 120 10326 TURBO DATA SYSTEMS, INC. 21767 8,862.09 MISCELLANEOUS 8,862.09 101 37010 10327 WILBUR SMITH ASSOCIATES 21769 29,846.10 CONTRACTUAL SERVICES 29,846.10 320 79160 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Cheeks 10297 GOVT. FINANCE OFFICERS ASSN. 09884 238.00 MISCELLANEOUS -19.64 101 23611 OFFICE EXPENSE 257.64 101 64250 110 10298 TELECOMMUNICATIONS ENGINEERING A 10101 491.00 CONTRACTUAL SERVICES 491.00 201 65200 220 10299 RADIOSHACK CORPORATION 11749 32.46 MISC. SUPPLIES 32.46 526 69020 120 10300 SENSUS METERING SYSTEMS 14144 15,437.32 MISC. SUPPLIES 15,437.32 526 69020 120 10301 ROYAL WHOLESALE ELECTRIC 14855 78.09 BLDG. & GROUNDS MAINT. 78.09 101 68020 190 2200 10302 PARKIN SECURITY CONSULTANTS 15250 69.00 PERSONNEL EXAMINATIONS 69.00 101 64420 121 10303 ALL CITY MANAGEMENT 15595 3,455.40 MISCELLANEOUS 3,455.40 731 22594 10304 VALLEY OIL CO. 15764 703.84 SUPPLIES 703.84 620 15000 10305 DOUBLETREE HOTEL 16247 4,121.76 MISC. SUPPLIES 4,121.76 101 64100 120 10306 LINHART PETERSEN POWERS ASSOC. 16599 25,854.57 MISCELLANEOUS 25,854.57 101 22515 10307 RAYMOND STOKLOSA M45 180.00 CONTRACTUAL SERVICES 180.00 101 68010 220 1660 10308 TOOLS EXPRESS 18027 241.83 MISC. SUPPLIES 241.83 101 68020 120 2200 10309 R & D DIRECTIONAL DRILLING 18573 2,730.00 CONTRACTUAL SERVICES 2,730.00 320 81100 220 10310 AMERICAN WATER WORKS ASSN. 18951 62.00 DUES & SUBSCRIPTIONS - 62.00 526 69020 240 10311 PREFERRED ALLIANCE 19025 220.00 PERSONNEL EXAMINATIONS 220.00 101 64420 121 10312 PRUDENTIAL OVERALL SUPPLY 19027 180.36 CONTRACTUAL SERVICES 180.36 201 65200 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '*' Denotes Hand Written Checks 10288 FRANK TEALDI 03743 160.00 EMPLOYEE BENEFITS 160.00 130 20060 10289 WEST GROUP PAYMENT CTR. 03964 349.80 PROFESSIONAL & SPECIALIZED S 349.80 101 64350 210 10290 LYNGSO GARDEN MATERIALS 09143 787.73 MISC. SUPPLIES 60.67 101 66210 120 BLDG. & GROUNDS MAINT. 288.64 101 68010 190 1787 MISC. SUPPLIES 146.14 526 69020 120 MISC. SUPPLIES 292.28 527 66520 120 10291 FRANK ERBACHER 09195 1,570.00 EMPLOYEE BENEFITS .1,570.00 130 20015 10292 SAN MATEO COUNTY SHERIFF'S OFC. 09433 4,040.00 PRISONER EXPENSE 4,040.00 101 65100 291 10293 SIERRA PACIFIC TURF SUPPLY 09459 447.07 MISC. SUPPLIES 447.07 101 68020 120 2200 10294 ABAG - LIABILITY 09518 1,341.28 CLAIMS PAYMENTS 1,341.28 618 64520 601 10295 ORCHARD SUPPLY HARDWARE 09670 1,917.89 MISC. SUPPLIES 82.53 101 66210 120 MISC. SUPPLIES 239.69 101 68020 120 2200 SMALL TOOLS 82.23 101 66210 130 BLDG. & GROUNDS MAINT. 380.55 101 68020 190 2200 EQUIPMENT NAINT. 8.38 101 68020 200 2200 POLICE INVESTIGATION EXPENSE 16.85 101 65100 292 MISC. SUPPLIES 369.05 526 69020 120 MISC. SUPPLIES 80.74 527 66520 120 SMALL TOOLS 119.02 527 66520 130 MISC. SUPPLIES 75.10 619 64460 120 5240 MISC. SUPPLIES 158.49 619 64460 120 5160 MISC. SUPPLIES 30.57 619 64460 120 5170 MISC. SUPPLIES 43.28 619 64460 120 5130 MISC. SUPPLIES 97.34 619 64460 120 5150 MISC. SUPPLIES 5.58 619 64460 120 5180 MISC. SUPPLIES 20.25 619 64460 120 5230 SMALL TOOLS 108.24 619 64460 130 10296 INTERSTATE TRAFFIC 09790 1,546.81 TRAFFIC CONTROL MATERIALS 1,233.75 101 66210 222 TRAINING EXPENSE 194.85 526 69020 260 MISC. SUPPLIES 118.21 619 64460 120 5240 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 02/25/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10273 * MATT LENNON 22748 412.50 CONTRACTUAL SERVICES 412.50 101 68010 220 1781 10274 * FRANCHISE TAX BOARD 25228 137.50 CONTRACTUAL SERVICES 137.50 101 68010 220 1781 10275 AMERICAN PUBLIC WORKS ASSOCIATIO 01074 122.00 DUES & SUBSCRIPTIONS 122.00 101 66100 240 10276 CITY OF BURLINGAME 01624 5,409.87 MISC. SUPPLIES 585.87 101 68010 120 1212 MISC. SUPPLIES 480.00 101 68010 120 1891 CONTRACTUAL SERVICES 4,344.00 101 68010 220 1212 10277 BURLINGAME RECREATION DEPT. 01663 1,095.00 RECREATION EXPENSES 1,095.00 101 10700 10278 EWING IRRIGATION PRODUCTS 02157 294.23 MISCELLANEOUS 294.23 320 81100 192 10279 GRANITE ROCK COMPANY 02261 910.27 STREET RESURFACING EXPENSE 910.27 101 66210 226 10280 P. G. & E. 03054 44,783.03 GAS & ELECTRIC 10.23 527 66520 170 UTILITY EXPENSE 44,772.80 896 20280 10281 ALFRED J. PALMER 03085 141.00 EMPLOYEE BENEFITS 141.00 130 20015 10282 SANDRA POSE 03175 1,600.00 CONTRACTUAL SERVICES 1,600.00 101 68010 220 1644 10283 R & S ERECTION OF 03234 214.00 PROFESSIONAL & SPECIALIZED S 214.00 619 64460 210 5150 10284 CITY OF SAN MATEO 03366 2,831.71 CONTRACTUAL SERVICES 2,831.71 101 66100 220 10285 INFORMATION SERVICES DEPT. 03378 3,927.66 CONTRACTUAL SERVICES 3,927.66 101 65150 220 10286 SAN MATEO COUNTY CONVENTION & 03431 152,300.46 MISCELLANEOUS 152,300.46 731 22587 10287 SYMPRO, INC. 03705 2,342.81 EQUIPMENT MAINT. 2,342.81 101 64250 200 CITY OF BURLINGAME 02-17-2005 WARRANT REG I ST ER PAGE 10 FUND RECAP - 04-05 NAME FUND AMOUNT GENERAL FUND 101 60,345.20 CENTRAL COUNTY FIRE 201 2,390.84 CAPITAL IMPROVEMENTS FUND 320 16,104.16 WATER CAPITAL PROJECT FUND 326 84,316.44 SEWER CAPITAL PROJECT FUND 327 1,541.70 WATER FUND 526 21,053.10 SEWER FUND 527 5,867.46 SOLID WASTE FUND 528 771.70 PARKING ENTERPRISE FUND 530 1,608.20 SELF INSURANCE FUND 618 28,478.34 FACILITIES SERVICES FUND 619 9,178.77 EQUIPMENT SERVICES FUND 620 2,353.69 INFORMATION SERVICES FUND 621 25,774.78 FIRE MECHANIC SERVICES FUND 625 3,794.58 OTHER LOCAL GRANTS/DONATIONS 730 132.96 STATE GRANTS FUND 734 521.11 UTILITY REVOLVING FUND 896 163.44 TOTAL FOR APPROVAL $264,396.47 �.51j5D.t)0> vo 17 CtC- I v-).z-� ��aL71i' .65� VOID Gk- I �i � l3� . �z 1�13�1 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 10 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 10168 THROUGH 10272 INCLUSIVE,TOTALING IN THE AMOUNT OF $264,396.47, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10263 RON PULIDO 25155 400.00 CONTRACTUAL SERVICES 400.00 101 68010 220 1781 10264 PACIFIC EARTH RESOURCES 25218 343.72 CONTRACTUAL SERVICES 343.72 320 80960 220 10265 CHIEF SUPPLY CORP 25219 767.79 MISCELLANEOUS -61 .03 201 23611 RADIO MAINT. 828.82 201 65200 205 10266 BAY CITIES DRIVING SCHOOL 25220 688.50 CONTRACTUAL SERVICES 688.50 101 68010 220 1422 10267 CHARLES ROBENALT 25221 150.00 DEPOSIT REFUNDS 150.00 101 22520 10268 GARY LIU 25222 800.00 DEPOSIT REFUNDS 800.00 101 22520 10269 CALTAM, INC. 25223 599.50 MISC. SUPPLIES 599.50 526 69020 120 10270 OFFICE DEPOT 25224 78.82 OFFICE EXPENSE 78.82 201 65200 110 10271 SPALDING REPORTING SERVICES 25225 286.90 PROFESSIONAL & SPECIALIZED S 286.90 618 64520 210 10272 JEWEL STROCHER 25226 20.37 MISCELLANEOUS 20.37 526 22502 TOTAL $264,396.47 CITY OF BURL INGAME W A R R A N T R E G I S T E R PAGE 8 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 10255 I.M.P.A.C. GOVERNMENT SERVICES 24752 5,973.86 OFFICE EXPENSE 74.99 10164200 110 OFFICE EXPENSE 50.21 101 67500 110 OFFICE EXPENSE 74.99 101 64420 110 MISC. SUPPLIES 53.26 101 68010 120 1521 MISC. SUPPLIES 72.10 101 68010 120 1370 MISC. SUPPLIES -19.90 101 64100 120 MISC. SUPPLIES .12.90 101 68020 120 2100 MISC. SUPPLIES 222.21 10168010 120 1422 MISC. SUPPLIES 170.50 101 68010 120 1423 MISC. SUPPLIES 213.84 10168010 120 1330 PERSONNEL EXAMINATIONS 53.15 101 64420 121 LIBRARY--BOOKS AND MAPS -324.42 101 67500 129 COMMUNICATIONS 57.37 101 65100 160 BLDG. &GROUNDS MAINT. 1,634.58 101 67500 190 EQUIPMENT MAINT. 191.25 101 65150 200 MISCELLANEOUS 97.37 101 67500 235 TRAVEL&MEETINGS 130.00 101 64420 250 TRAVEL&MEETINGS 31.50 101 64150 250 COMMUNICATIONS 475.49 201 65200 160 MISC. SUPPLIES 360.94 326 75170 120 MISC. SUPPLIES 481.71 526 69020 120 MISC. SUPPLIES 481.71 527 66520 120 TRAVEL&MEETINGS 242.32 527 66520 250 MISC. SUPPLIES 481.72 619 64460 120 MISC. SUPPLIES 132.96 730 69533 120 EQUIPMENT MAINT. 521.11 734 65195 200 10256 CALIFORNIA BMW TRIUMPH 24782 119.56 SUPPLIES 119.56 620 15000 10257 EXCEL FITNESS SOLUTIONS 24854 497.43 EQUIPMENT MAINT. 497.43 201 65200 200 10258 BAY AREA SMART AUTO GLASS 24956 456.41 EQUIPMENT MAINT. 456.41 101 68020 200 2200 10259 BRAYER CONSTRUCTION 24981 150.00 DEPOSIT REFUNDS 150.00 101 22520 10260 TOMASI-DUBOIS&ASSOCIATES 25021 915.00 PROFESSIONAL&SPECIALIZED S 915.00 320 80430 210 10261 QUALITY ENGINEERING 25068 3,342.50 PROFESSIONAL&SPECIALIZED S 3,342.50 320 80880 210 10262 MADDAUS WATER MANAGEMENT 25098 11,560.00 PROFESSIONAL&SPECIALIZED S 11,560.00 526 69020 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10242 NEXTEL COMMUNICATIONS 23946 186.24 COMMUNICATIONS 186.24 619 64460 160 10243 SOUTH SAN FRANCISCO TIRE SERVICE 23950 1,410.92 SUPPLIES 1,410.92 620 15000 10244 RONALD AUGUST FAATZ 24004 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 10245 CITICORP VENDOR FINANCE 24030 66.71 EQUIPMENT MAINT. 66.71 201 65200 200 10246 BRIANT CHUN NOON 24067 500.00 CONTRACTUAL SERVICES 500.00 101 68010 220 1781 10247 FASTLANE TEK INC. 24304 3,200.00 MISCELLANEOUS EXPENSE 3,200.00 526 69020 290 10248 ATLAS AUTO GLASS 24319 1,382.50 FIRE APPARATUS MAINT. 1,382.50 625 65213 203 10249 CRAIG SUHL 24473 1,160.00 MISCELLANEOUS 1,160.00 101 22546 10250 PRESERVATION PAINTING 24552 1,500.00 PROFESSIONAL & SPECIALIZED S 1,500.00 619 64460 210 5240 10251 KENNEDY/JENKS CONSULTANTS 24570 28,267.50 PROFESSIONAL & SPECIALIZED S 28,267.50 326 81180 210 10252 JOHN BOLOGNA 24628 105.00 CONTRACTUAL SERVICES 105.00 101 68010 220 1780 10253 BRYAN ROSENBERG 24631 147.00 CONTRACTUAL SERVICES 147.00 101 68010 220 1780 10254 GODDIN,MACBRIDE,SOUERI,RITCHIE & 24638 880.00 PROFESSIONAL & SPECIALIZED 5 880.00 101 64350 210 3100 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10231 OFFICE DEPOT 23153 $7.07 OFFICE EXPENSE 57.07 101 68010 110 1101 10232 TLC ADMINISTRATORS 23156 1,088.00 MISCELLANEOUS 1,088.00 101 64420 031 10233 PAUL WEBB 23292 500.00 CONTRACTUAL SERVICES 500.00 101 68010 220 1781 10234 OFFICE MAX 23306 496.30 OFFICE EXPENSE 37.36 101 64400 110 OFFICE EXPENSE -33.61 101 68010 110 1101 MISC. SUPPLIES 459.08 101 68010 120 1101 OFFICE EXPENSE 33.47 201 65200 110 10235 REFRIGERATION SUPPLIES DISTRIBUT 23639 418.83 PROFESSIONAL & SPECIALIZED S 418.83 619 64460 210 5180 10236 THE MARLIN COMPANY 23712 13.54 TRAINING EXPENSE 13.54 619 64460 260 10237 SBC/MCI 23728 44.88 COMMUNICATIONS 44.88 101 64150 160 10238 KAREN LIU 23823 249.75 CONTRACTUAL SERVICES 249.75 101 68010 220 1645 10239 DEWEY SERVICES, INC. 23902 430.00 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5160 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5130 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5120 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5170 10240 DUNBAR ARMORED 23925 1,723.30 BANKING SERVICE FEES 528.10 101 64250 120 MISC. SUPPLIES 1,195.20 530 65400 120 10241 UNIVERSAL BUILDING SERVICES 23941 1,251.87 MISC. SUPPLIES 15.80 101 68010 120 1111 CONTRACTUAL SERVICES 78.61 619 64460 220 5130 CONTRACTUAL SERVICES 327.10 619 64460 220 5240 CONTRACTUAL SERVICES $05.21 619 64460 220 5130 CONTRACTUAL SERVICES 105.65 619 64460 220 5170 CONTRACTUAL SERVICES 219.50 619 64460 220 5240 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10216 DU-ALL SAFETY 21613 1,472.50 TRAINING EXPENSE 441.75 101 66210 260 TRAINING EXPENSE 441.75 526 69020 260 TRAINING EXPENSE 441.75 527 66520 260 TRAINING EXPENSE 147.25 619 64460 260 10217 STAR COFFEE INC. 21623 244.02 BLDG. 8 GROUNDS MAINT. 244.02 621 64450 190 10218 GREG BARNES 21885 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 10219 JIM STOCKWELL 22048 700.00 CONTRACTUAL SERVICES 700.00 101 68010 220 1781 10220 MARK MEYERS 22051 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 10221 TOWNE FORD SALES, INC. 22146 123.24 SUPPLIES 123.24 620 15000 10222 ROBERTS AND BRUNE 22178 1,364.45 MISC. SUPPLIES 1,364.45 527 66520 120 10223 AUTO PRIDE CAR WASH 22278 15.90 VEHICLE MAINT. 15.90 201 65200 202 10224 STEVE NELSON 22449 84.00 CONTRACTUAL SERVICES 84.00 101 68010 220 1780 10225 LESCO INC. 22540 475.26 MISC. SUPPLIES 475.26 101 68020 120 2200 10226 PUBLIC EMPLOYEES RETIREMENT SYST 22730 200.00 MISCELLANEOUS 200.00 101 64420 030 10227 MATT LENNON 22748 550.00 CONTRACTUAL SERVICES 550.00 101 68010 220 1781 10228 JAMES YARBOROUGH 22793 147.00 CONTRACTUAL SERVICES 147.00 101 68010 220 1780 10229 CARL DEOUANT 22842 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 10230 JENKINS/ATHENS INS 22851 9,184.00 CLAIMS ADJUSTING SERVICES 9,184.00 618 64520 225 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10202 CALIFORNIA PNEUMATIC TOOL CO 17741 614.03 MISC. SUPPLIES 576.53 526 69020 120 MISC. SUPPLIES 37.50 527 66520 120 10203 PRIORITY 1 19239 362.19 SUPPLIES 362.19 620 15000 10204 BURTON'S FIRE, INC. 19366 1,194.87 FIRE APPARATUS MAINT. -106.95 201 65200 203 FIRE APPARATUS MAINT. 1,301.82 625 65213 203 10205 JOHN CAHALAN, ASLA 19561 2,201.73 PROFESSIONAL & SPECIALIZED S 665.00 320 79300 210 PROFESSIONAL & SPECIALIZED S 1,536.73 320 81070 210 10206 BAY AREA BUSINESS CARDS INC 19588 20.57 OFFICE EXPENSE 20.57 101 66100 110 10207 ELESCO 19972 225.00 PROFESSIONAL & SPECIALIZED S 225.00 619 64460 210 10208 EL CAMINO CHARTER LINES INC 20105 1,478.25 MISC. SUPPLIES 1,478.25 101 68010 120 1422 10209 DAPPER TIRE CO., INC. 20464 158.02 SUPPLIES 158.02 620 15000 10210 LYNX TECHNOLOGIES 20501 3,245.00 PROFESSIONAL & SPECIALIZED S 3,245.00 326 75170 210 10211 EIP ASSOCIATES 20526 11,988.43 DEPOSIT REFUND 11,988.43 101 22590 10212 RENEE RAMSEY 21136 1,075.00 CONTRACTUAL SERVICES 1,075.00 101 68010 220 1330 10213 CEB 21210 89.30 MISC. SUPPLIES 89.30 101 64350 120 10214 THYSSENKRUPP ELEVATOR-042 21240 889.57 CONTRACTUAL SERVICES 667.93 619 64460 220 5110 CONTRACTUAL SERVICES 221.64 619 64460 220 5130 10215 OLEN SIMON 21477 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10191 ELECTRO-MOTION INCORPORATED 14007 5,257.41 PUMP EQUIPMENT REPAIR 1,182.48 101 66210 230 PROFESSIONAL & SPECIALIZED S 780.00 526 69020 210 PUMP EQUIPMENT REPAIR 1,106.73 527 66520 230 PROFESSIONAL & SPECIALIZED S 341.47 619 64460 210 PROFESSIONAL & SPECIALIZED S 260.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 315.00 619 64460 210 5240 PROFESSIONAL & SPECIALIZED S 315.00 619 64460 210 5130 PROFESSIONAL & SPECIALIZED S 315.00 619 64460 210 5170 PROFESSIONAL & SPECIALIZED S 315.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 326.73 619 64460 210 5160 10192 RECHARGE'EM 14523 59.54 OFFICE EXPENSE 59.54 201 65200 110 10193 ROYAL WHOLESALE ELECTRIC 14855 1,179.82 MISC. SUPPLIES 115.02 619 64460 120 5150 PROFESSIONAL & SPECIALIZED S 1,064.80 619 64460 210 5240 10194 MICHAEL LENNON 15302 550.00 CONTRACTUAL SERVICES 550.00 101 68010 220 1781 10195 HITECH SYSTEMS, INC. 15712 3,303.00 CONTRACTUAL SERVICES 1,514.00 101 65100 220 CONTRACTUAL SERVICES 1,376.00 101 65150 220 CONTRACTUAL SERVICES 413.00 530 65400 220 10196 MILLBRAE LOCK SHOP 15739 49.80 MISC. SUPPLIES 49.80 101 65100 120 10197 TEAM CLEAN 15827 235.67 CONTRACTUAL SERVICES 235.67 201 65200 220 10198 ACTION SPORTS 16167 1,124.00 CONTRACTUAL SERVICES 1,124.00 101 68010 220 1781 10199 MOSS RUBBER & EQUIPMENT CORP. 16225 50.41 MISC. SUPPLIES - 50.41 526 69020 120 10200 JMB CONSTRUCTION, INC. 17299 52,443.00 CONTRACTUAL SERVICES 52,443.00 326 80770 220 10201 STEVE GOLDBERG 17577 600.00 CONTRACTUAL SERVICES 600.00 101 68010 220 1781 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10181 CITY OF MILLBRAE 09234 3,152.82 PROFESSIONAL & SPECIALIZED S 3,152.82 101 64350 210 10182 STERICYCLE, INC. 09439 33.24 SUPPLIES 33.24 201 65200 112 10183 OCE 09493 857.34 PROFESSIONAL & SPECIALIZED S 857.34 101 66100 210 10184 ABAG - LIABILITY 09518 19,007.44 PROFESSIONAL & SPECIALIZED S 19,007.44 618 64520 210 10185 ORCHARD SUPPLY HARDWARE 09670 148.02 MISC. SUPPLIES 64.84 201 65200 111 SMALL TOOLS 48.68 201 65200 130 VEHICLE MAINT. 34.50 201 65200 202 10186 GOVT. FINANCE OFFICERS ASSN. 09884 620.00 TRAVEL & MEETINGS 620.00 101 64250 250 10187 EMPLOYMENT DEVELOPMENT DEPARTMEN 10567 12,374.00 MISCELLANEOUS 6,560.00 101 66210 010 MISCELLANEOUS 3,610.00 101 65100 010 TEMPORARY EMPLOYMENT SVC. 11.00 101 67500 011 TEMPORARY EMPLOYMENT SVC. 2,193.00 527 66520 011 10188 WINGFOOT COMMERCIAL TIRE SYSTEMS 11316 1,052.99 FIRE APPARATUS MAINT. 1,052.99 625 65213 203 10189 RADIOSHACK CORPORATION 11749 8.65 PRISONER EXPENSE 8.65 101 65100 291 10190 DANKA OFFICE IMAGING CO 13758 141.26 OFFICE EXPENSE 141.26 621 64450 110 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 02/17/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10168 BAYSHORE INTERNATIONAL TRUCKS 01236 57.27 FIRE APPARATUS MAINT. 57.27 625 65213 203 10169 CITY OF REDWOOD CITY 01862 34,234.29 OFFICE EXPENSE 242.79 101 64250 110 CONTRACTUAL SERVICES 8,602.00 320 80420 220 COMMUNICATIONS 300.00 621 64450 160 CITY HALL MAINTENANCE 25,089.50 621 64450 220 10170 EWING IRRIGATION PRODUCTS 02157 699.21 MISCELLANEOUS 699.21 320 81100 192 10171 W.W. GRAINGER, INC. 02248 573.29 MISC. SUPPLIES 307.82 101 68020 120 2200 SMALL TOOLS 37.97 201 65200 130 FIRE APPARATUS MAINT. 47.74 201 65200 203 SUPPLIES 179.76 620 15000 10172 MACTEC ENGINEERING 02365 692.50 PROFESSIONAL & SPECIALIZED S 692.50 528 66600 210 10173 K & W DISCOUNT LIGHTING & SUPP 02645 282.53 MISC. SUPPLIES 282.53 619 64460 120 10174 NATIONAL WATERWORKS, INC. 02880 2,867.83 MISC. SUPPLIES 2,867.83 526 69020 120 10175 UNITED ROTARY BRUSH CORPORATION 03002 79.20 MISC. SUPPLIES 79.20 528 66600 120 10176 SBC 03080 275.70 COMMUNICATIONS 35.45 101 67500 160 COMMUNICATIONS 76.81 101 65100 160 UTILITY EXPENSE 163.44 896 20281 10177 SAN MATEO COUNTY ENVIRONMENTAL 03380 475.00 MISCELLANEOUS 475.00 526 69020 233 10178 TIMBERLINE TREE SERVICE, INC. 03760 3,837.44 CONTRACTUAL SERVICES 3,837.44 101 68020 220 2300 10179 U S POSTAL SERVICE 03821 3,000.00 MISCELLANEOUS 3,000.00 101 64250 114 10180 LINDSTROM CO. 09059 1,541.70 CONTRACTUAL SERVICES 1,541.70 327 81010 220 CITY OF BURLINGAME 02-11.2005 WARRANT REGI ST ER PAGE 11 FUND RECAP - 04-05 NAME FUND AMOUNT GENERAL FUND 101 96,772.10 PAYROLL REVOLVING FUND 130 320.60 CENTRAL COUNTY FIRE 201 5,305.69 CAPITAL IMPROVEMENTS FUND 320 64,421.45 WATER CAPITAL PROJECT FUND 326 87,481.19 SEWER CAPITAL PROJECT FUND 327 42,931.30 WATER FUND 526 174,491.93 SEWER FUND 527 4,572.34 SOLID WASTE FUND 528 16.08 PARKING ENTERPRISE FUND 530 2,235.57 SELF INSURANCE FUND 618 49,129.68 FACILITIES SERVICES FUND 619 15,319.11 EQUIPMENT SERVICES FUND 620 16,136.89 INFORMATION SERVICES FUND 621 2,524.25 FIRE MECHANIC SERVICES FUND 625 79.83 OTHER LOCAL GRANTS/DONATIONS 730 2,915.86 TRUST AND AGENCY FUND 731 4,837.56 STATE GRANTS FUND 734 1,805.88 BURLINGAME TRAIN SHUTTLE PROGRAM 736 1,635.02 DEBT SERVICE FUND 930 500.00 TOTAL FOR APPROVAL 8573,432.33 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 11 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 10021 THROUGH 10138 INCLUSIVE,TOTALING IN THE AMOUNT OF 8573,432.33, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .....................I.............. .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT ................................ .../. ./. ••COUNCIL• DATE CITY OF BURLINGAME WARRANT REGI ST ER PAGE 10 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10134 JOE CYR 25213 330.00 TRAVEL & MEETINGS 330.00 101 65300 250 10135 VALENZUELA ARCHITECTS 25214 - 1,700.00 MISCELLANEOUS 1,700.00 101 22546 10136 ANDREW MABARDY 25215 300.00 DEPOSIT REFUNDS 300.00 101 22520 10137 SAN MATEO COUNTY POLICE AND SHER 25216 12,500.00 TRAINING EXPENSE 12,500.00 101 65100 260 10138 MCCORMAC AND ASSOCIATES 25217 45,000.00 CLAIMS PAYMENTS 45,000.00 618 64520 601 TOTAL 8573,432.33 / �oh C \ \ CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '*' Denotes Hand Written Checks 10119 BANK OF WALNUT CREEK 24613 3,000.00 CONTRACTUAL SERVICES 3,000.00 327 79480 220 10120 JOHN BOLOGNA 24628 294.00 CONTRACTUAL SERVICES 294.00 101 68010 220 1780 10121 BRYAN ROSENBERG 24631 231.00 CONTRACTUAL SERVICES 231.00 101 68010 220 1780 10122 AT&T WIRELESS 24640 354.52 COMMUNICATIONS 310.91 101 66100 160 COMMUNICATIONS 43.61 201 65200 160 10123 OINEIL PRODUCT DEVELOPMENT INC. 24675 499.24 EQUIPMENT MAINT. 499.24 530 65400 200 10124 GENSLER 24758 425.13 PROFESSIONAL & SPECIALIZED S 425.13 320 80760 210 10125 W.R. FORDE ASSOCIATES 24759 24,487.35 CONTRACTUAL SERVICES 24,487.35 327 77040 220 10126 T MOBILE 24846 30.88 COMMUNICATIONS 30.88 101 65150 160 10127 SHAWNELL HARRISON 24938 324.55 PROFESSIONAL & SPECIALIZED S 324.55 101 64420 210 10128 S AND S SUPPLIES & SOLUTIONS 24963 635.38 MISC. SUPPLIES 565.38 527 66520 120 TRAINING EXPENSE 70.00 527 66520 260 10129 SCOTT'S PPE RECON INC 25084 429.13 UNIFORMS AND EQUIPMENT 429.13 201 65200 140 10130 GINA BALDRIDGE 25092 360.00 CONTRACTUAL SERVICES 360.00 730 69583 220 10131 J.F. PACIFIC LINERS 25144 66,715.65 CONTRACTUAL SERVICES 54,840.65 320 79390 220 CONTRACTUAL SERVICES 11,875.00 327 81010 220 10132 FERMIN SIERRA 25211 17,837.30 CONTRACTUAL SERVICES 17,837.30 320 79390 220 10133 CHRIS ZWINGLE 25212 97.00 MISCELLANEOUS 97.00 618 64520 604 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10109AT&T 23661 25.39 COMMUNICATIONS 25.39 621 64450 160 10110 THE MARLIN COMPANY 23712 882.99 TRAINING EXPENSE 298.84 101 66210 260 TRAINING EXPENSE 285.31 526 69020 260 TRAINING EXPENSE 298.84 527 66520 260 10111 KEITH MARTIN 23788 63.07 TRAVEL & MEETINGS 10.00 101 66210 250 TRAVEL & MEETINGS 16.64 526 69020 250 TRAINING EXPENSE 7.92 526 69020 260 MISC. SUPPLIES 14.00 527 66520 120 TRAVEL & MEETINGS 14.51 619 64460 250 10112 UNIVERSAL BUILDING SERVICES 23941 13,629.00 CONTRACTUAL SERVICES 2,036.00 619 64460 220 5130 CONTRACTUAL SERVICES 546.00 619 64460 220 5121 CONTRACTUAL SERVICES 397.00 619 64460 220 5170 CONTRACTUAL SERVICES 3,836.00 619 64460 220 5180 CONTRACTUAL SERVICES 129.00 619 64460 220 5230 CONTRACTUAL SERVICES 964.00 619 64460 220 5210 CONTRACTUAL SERVICES 2,195.00 619 64460 220 5110 CONTRACTUAL SERVICES 2,671.00 619 64460 220 5240 CONTRACTUAL SERVICES 855.00 619 64460 220 5190 10113 NEXTEL COMMUNICATIONS 23946 755.87 COMMUNICATIONS 755.87 201 65200 160 10114 TOM RUSSELL 23966 2,735.00 MISCELLANEOUS 75.00 101 36342 MISCELLANEOUS 1,575.00 101 36630 MISCELLANEOUS 85.00 101 36640 MISCELLANEOUS 1,000.00 101 22525 10115 PETE HOWES HORTICULTURIST 24156 260.00 TRAINING EXPENSE 260.00 101 68020 260 2200 10116 ATLAS AUTO GLASS 24319 446.40 FIRE APPARATUS MAINT. 446.40 201 65200 203 10117 HOME DEPOT CREDIT SERVICES 24466 390.76 MISC. SUPPLIES 390.76 619 64460 120 10118 TEAMSTERS UNION LOCAL 856 24528 320.60 EMPLOYEE BENEFITS 5.52 130 21015 MISCELLANEOUS 315.08 130 21092 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10095 GLASER AND ASSOCIATES 22821 309.29 DUES & SUBSCRIPTIONS 309.29 101 64150 240 10096 PENINSULA BATTERY INC. 23045 245.92 SUPPLIES 245.92 620 15000 10097 BONDLOGISTIX 23088 500.00 OTHER DEBT EXPENSES 500.00 930 66840 764 10098 OFFICE DEPOT 23153 57.89 OFFICE EXPENSE 57.89 101 68010 110 1101 10099 CYBERNET CONSULTING, INC. 23234 10,815.00 PROFESSIONAL & SPECIALIZED S 3,028.20 320 79400 210 PROFESSIONAL & SPECIALIZED S 4,217.85 326 79400 210 PROFESSIONAL & SPECIALIZED S 3,568.95 327 79400 210 10100 SHAUNA MCKIMMIE 23270 164.55 PROFESSIONAL & SPECIALIZED S 164.55 101 64420 210 10101 OFFICE MAX 23306 242.15 OFFICE EXPENSE 167.84 101 64250 110 OFFICE EXPENSE 36.28 101 66100 110 OFFICE EXPENSE 38.03 101 64250 110 10102 UNIVERSAL SPECIALTIES, INC. 23311 331.88 MISC. SUPPLIES 331.88 619 64460 120 10103 CANON FINANCIAL SERVICES, INC. 23436 1,573.15 CITY HALL MAINTENANCE 1,573.15 621 64450 200 10104 CULVER GROUP 23448 76,471.98 PROFESSIONAL & SPECIALIZED S 76,471.98 326 80770 210 10105 PACIFIC PARKING SYSTEMS, INC. 23462 685.83 EQUIPMENT MAINT. 685.83 530 65400 200 10106 CRESCO EQUIPMENT RENTALS 23470 64.95 MISC. SUPPLIES 21.65 101 66210 120 STREET RESURFACING EXPENSE 43.30 101 66210 226 10107 ICE CENTER OF SAN MATEO 23512 249.60 CONTRACTUAL SERVICES 249.60 101 68010 220 1762 10108 EMERALD PLUMBING & FIRE PROTECTI 23586 150.00 DEPOSIT REFUNDS 150.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT . AMOUNT *� Denotes Hand Written Checks 10079 GE CAPITAL 20216 417.73 OFFICE EXPENSE 94.93 101 68020 110 2100 CONTRACTUAL SERVICES 322.80 101 68010 220 1101 10080 LARRY ANDERSON 20716 1,846.00 MISCELLANEOUS 1,846.00 101 64350 031 10081 JEFF DOWD 20779 199.50 CONTRACTUAL SERVICES 199.50 101 68010 220 1785 10082 DELL MARKETING L.P. 20900 1,805.88 MISCELLANEOUS 1,805.88 734 65195 400 10083 K•119 OF CALIFORNIA, INC. 20924 41.08 SMALL TOOLS 41.08 101 68020 130 2200 10084 CIR 21211 875.93 MISC. SUPPLIES 875.93 527 66520 120 10085 CDW GOVERNMENT, INC. 21482 564.62 OFFICE EXPENSE 564.62 621 64450 110 10086 SAVIN CORPORATION 21630 201.46 OFFICE EXPENSE 201.46 101 68010 110 1101 10087 D.L. FALK CONSTRUCTION INC. 21647 7,500.00 MISCELLANEOUS 7,500.00 101 22546 10088 PUBLIC AFFAIRS MANAGEMENT 21986 6,791.36 PROFESSIONAL & SPECIALIZED S 6,791.36 326 80770 210 10089 TOWNE FORD SALES, INC. 22146 3.50 SUPPLIES 3.50 620 15000 10090 ROBERTS AND BRUNE 22178 195.38 MISC. SUPPLIES 195.38 527 66520 120 10091 STEVE NELSON 22449 84.00 CONTRACTUAL SERVICES 84.00 101 68010 220 1780 10092 PITNEY BOWES RESERVE ACCOUNT 22624 5,000.00 MISCELLANEOUS 5,000.00 101 15500 10093 BURLINGAME FAMILY PET HOSPITAL 22773 101.76 MISC. SUPPLIES 101.76 101 65100 120 10094 JAMES YARBOROUGH 22793 252.00 CONTRACTUAL SERVICES 252.00 101 68010 220 1780 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 10066 CENTRAL BUSINESS EQUIPMENT 18011 211.09 OFFICE EXPENSE 211.09 621 64450 110 10067 VERIZON WIRELESS MESSAGING SERVI 18763 65.18 COMMUNICATIONS 32.59 526 69020 160 COMMUNICATIONS 32.59 527 66520 160 10068 ACCESS UNIFORMS & EMBROIDERY 18990 54.22 UNIFORMS AND EQUIPMENT 54.22 619 64460 140 10069 PRUDENTIAL OVERALL SUPPLY 19027 1,154.77 UNIFORMS AND EQUIPMENT 341.04 101 66210 140 UNIFORMS AND EQUIPMENT 209.06 526 69020 140 UNIFORMS AND EQUIPMENT 341.04 527 66520 140 UNIFORMS AND EQUIPMENT 16.08 528 66600 140 UNIFORMS AND EQUIPMENT 98.08 619 64460 140 UNIFORMS AND EQUIPMENT 149.47 620 66700 140 10070 ANG NEWSPAPERS 19083 81.32 PUBLICATIONS & ADVERTISING 81.32 101 64200 150 10071 IMAGEMAX, INC. 19145 600.84 MISCELLANEOUS 600.84 101 22518 10072 BURTON'S FIRE, INC. 19366 296.37 FIRE APPARATUS MAINT. 296.37 201 65200 203 10073 TOM AMES 19502 625.00 TRAINING EXPENSE 625.00 201 65200 260 10074 FISHER DEVELOPMENT INC. 19576 2,025.00 MISCELLANEOUS 2,025.00 101 22546 10075 BAY AREA BUSINESS CARDS INC 19588 20.57 MISCELLANEOUS 20.57 101 64400 115 10076 CREATIVE INTERCONNECT 19768 228.36 CONTRACTUAL SERVICES 228.36 201 65200 220 10077 AMERICAN SOCIETY OF CIVIL ENGINE 19821 235.00 DUES & SUBSCRIPTIONS 235.00 101 66100 240 10078 PENINSULA CORRIDOR JOINT 20060 1,635.02 CONTRACTUAL SERVICES 1,635.02 736 64570 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10051 SAN MATEO LAWN MOWER SHOP 09560 279.84 MISC. SUPPLIES 97.12 101 66210 120 EQUIPMENT MAINT. 182.72 101 68020 200 2200 10052 CAL-STEAM 10557 613.19 MISC. SUPPLIES 491.92 527 66520 120 MISC. SUPPLIES 121.27 619 64460 120 5180 10053 PIP PRINTING 10620 631.75 PROFESSIONAL & SPECIALIZED S 631.75 320 81070 210 10054 WINGFOOT COMMERCIAL TIRE SYSTEMS 11316 79.83 FIRE APPARATUS MAINT. 79.83 625 65213 203 10055 FORTE PRESS CORP. 13759 552.08 OFFICE EXPENSE 552.08 101 65100 110 10056 DAY-TIMERS, INC. 14411 28.12 MISC. SUPPLIES 28.12 527 66520 120 10057 ROYAL WHOLESALE ELECTRIC 14855 77.80 MISC. SUPPLIES 77.80 619 64460 120 10058 ALL CITY MANAGEMENT 15595 4,837.56 MISCELLANEOUS 4,837.56 731 22594 10059 DISCOUNT SCHOOL SUPPLY 16460 716.22 MISC. SUPPLIES 716.22 101 68010 120.1330 10060 MUNICIPAL MAINTENANCE 16629 181.37 MISC. SUPPLIES 181.37 527 66520 120 10061 CINTAS CORP. #464 16911 535.12 UNIFORMS AND EQUIPMENT 535.12 101 68020 140 2200 10062 GOLDEN NURSERY 17128 58.84 MISC. SUPPLIES 58.84 526 69020 120 10063 CALIFORNIA CONSERVATIONCORPS17141 6,496.00 CONTRACTUAL SERVICES 6,496.00 101 66020 220 2200 10064 PRIDE PAINT 17414 51.71 BLDG. & GROUNDS MAINT. 51.71 101 68020 190 2200 10065 COLORPRINT 17497 770.42 MISC. SUPPLIES 158.32 320 80760 120 OFFICE EXPENSE 140.73 526 69020 110 MISC. SUPPLIES 471.37 527 66520 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10045 BURLINGAME REC. DEPT./PETTY CASH 03910 5,823.32 OFFICE EXPENSE 26.07 101 68010 110 1101 OFFICE EXPENSE 3.00 101 68020 110 2200 MISC. SUPPLIES 9.00 101 68020 120 2200 MISC. SUPPLIES 38.14 101 68010 120 1422 MISC. SUPPLIES 20.00 101 68010 120 1781 MISC. SUPPLIES 169.12 101 68010 120 1101 MISC. SUPPLIES 80.19 101 68010 120 1520 MISC. SUPPLIES 253.00 101 68010 120 1891 MISC. SUPPLIES 149.50 101 68010 120 1423 MISC. SUPPLIES 281.10 101 68010 120 1521 MISC. SUPPLIES 348.21 101 68010 120 1330 UNIFORMS AND EQUIPMENT 77.90 101 68020 140 2200 UNIFORMS AND EQUIPMENT 64.95 101 68020 140 2300 EQUIPMENT MAINT. 9.00 101 68020 200 2200 CONTRACTUAL SERVICES 204.00 101 68010 220 1660 CONTRACTUAL SERVICES 270.00 101 68010 220 1422 CONTRACTUAL SERVICES 430.00 101 68010 220 1644 CONTRACTUAL SERVICES 120.00 101 68010 220 1521 CONTRACTUAL SERVICES 345.00 101 68010 220 1645 CONTRACTUAL SERVICES 592.00 101 68010 220 1331 CONTRACTUAL SERVICES 528.00 101 68010 220 1349 DUES & SUBSCRIPTIONS 120.00 101 68020 240 2200 DUES & SUBSCRIPTIONS 5.00 101 68020 240 2100 TRAVEL & MEETINGS 374.00 101 68010 250 1100 TRAVEL & MEETINGS 220.00 101 68020 250 2200 TRAVEL & MEETINGS 50.00 101 68020 250 2100 TRAVEL & MEETINGS 130.00 101 68020 250 2300 TRAINING EXPENSE 55.00 101 68020 260 2200 MISC. SUPPLIES 51.14 730 69533 120 CONTRACTUAL SERVICES 800.00 730 69533 220 10046 WEST GROUP PAYMENT CTR. 03964 922.10 MISC. SUPPLIES 922.10 101 64350 120 10047 LINDSTROM CO. 09059 203.96 MISC. SUPPLIES 203.96 527 66520 120 10048 CITY OF MILLBRAE 09234 1,375.00 CONTRACTUAL SERVICES 1,375.00 201 65200 220 10049 POM INC. 09248 1,050.50 EQUIPMENT MAINT. 1,050.50 530 65400 200 10050 CALLANDER ASSOCIATES 09461 9,463.44 PROFESSIONAL & SPECIALIZED S 9,463.44 320 81090 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 10033 EWING IRRIGATION PRODUCTS 02157 535.94 MISCELLANEOUS 499.28 101 68020 192 2200 MISCELLANEOUS 36.66 320 81100 192 10034 GRANITE ROCK COMPANY 02261 2,431.30 SIDEWALK REPAIR EXPENSE 261.11 101 66210 219 STREET RESURFACING EXPENSE 2,170.19 101 66210 226 10035 K & W DISCOUNT LIGHTING & SUPP 02645 166.17 MISC. SUPPLIES 62.79 619 64460 120 5130 MISC. SUPPLIES 103.38 619 64460 120 10036 MILLBRAE LUMBER CO. 02898 314.92 MISC. SUPPLIES 154.45 101 66210 120 BLDG. & GROUNDS MAINT. 41.60 101 68020 190 2200 MISC. SUPPLIES 68.43 526 69020 120 MISC. SUPPLIES -16.24 527 66520 120 MISC. SUPPLIES 66.68 619 64460 120 5170 10037 PACIFIC NURSERIES 03041 1,704.72 MISC. SUPPLIES 1,704.72 730 69560 120 10038 P. G. & E. 03054 702.79 GAS & ELECTRIC 702.79 527 66520 170 10039 PATTERSON PARTS, INC 03106 31.71 SMALL TOOLS 31.71 201 65200 130 10040 SAN FRANCISCO WATER DEPT. 03353 173,672.41 WATER PURCHASES 173,672.41 526 69020 171 10041 SAN MATEO UNION HIGH 03471 15,409.65 UNIFORMS AND EQUIPMENT 37,409.65 101 68010 140 1114 MISCELLANEOUS -22,000.00 320 35538 10042 RANDY SCHWARTZ 03518 587.00 MISCELLANEOUS 587.00 101 68010 031 10043 WITMER-TYSON IMPORTS, INC. 03788 300.00 TRAINING EXPENSE 300.00 101 65100 260 10044 U S POSTAL SERVICE 03821 150.00 OFFICE EXPENSE 150.00 621 64450 110 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 02/11/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 10021 * MARIE KAY DEVERA 25210 4,032.68 CLAIMS PAYMENTS 4,032.68 618 64520 601 10022 * APWA 22681 595.00 TRAINING EXPENSE 595.00 101 66100 260 10023 GRAY'S PAINT, BURLINGAME 01025 21.63 MISC. SUPPLIES 9.19 619 64460 120 5120 MISC. SUPPLIES 12.44 619 64460 120 5150 10024 ACCUTITE ENVIRONMENTAL 01035 14,349.00 MISCELLANEOUS 14,349.00 620 66700 400 10025 BAUER COMPRESSORS 01309 287.32 FIRE APPARATUS MAINT. 287.32 201 65200 203 10026 HARBOR SAND & GRAVEL 01313 158.96 MISC. SUPPLIES 43.07 101 66210 120 MISC. SUPPLIES 115.89 527 66520 120 10027 BURLINGAME AUTO SUPPLY 01507 1,971.12 EQUIPMENT MAINT. 32.19 101 68020 200 2200 GAS, OIL & GREASE 108.87 201 65200 201 VEHICLE MAINT. 187.11 201 65200 202 FIRE APPARATUS MAINT. 245.30 201 65200 203 MISC. SUPPLIES 8.65 619 64460 120 5180 SUPPLIES 1,347.86 620 15000 TRAINING EXPENSE 41.14 620 66700 260 10028 BURLINGAME GLASS COMPANY 01533 152.86 MISC. SUPPLIES 152.86 619 64460 120 5180 10029 BURLINGAME RECREATION DEPT. 01663 457.00 RECREATION EXPENSES 457.00 101 10700 10030 BURLINGAME STATIONERS 01676 139.59 OFFICE EXPENSE 87.62 101 68020 110 2200 OFFICE EXPENSE 41.14 101 64200 110 MISC. SUPPLIES 10.83 101 68010 120 1101 10031 CORPORATE ENVIRONMENTS, INC., 01992 231.41 OFFICE EXPENSE 45.81 101 66100 110 MISC. SUPPLIES 185.60 619 64460 120 5110 10032 L. N. CURTIS & SONS 02027 245.64 FIRE APPARATUS MAINT. 245.64 201 65200 203 lieThe City of Burlingame CITY HALL - 501 PRIMROSE ROAD CALIFORNIA 94010-3997 www.burlingame.org TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday - February 10, 2005 Commissioners Present: Stephen Warden, Chair Eugene Condon, Vice Chair Russ Cohen Dan Conway Victor James Commissioners Absent: None Staff Present: Augustine Chou, Traffic Engineer, Public Works Sergeant Don Shepley, Police Department Lori Brock, Secretary, Public Works Staff Absent: None Visitors: Ray Chang, 1114 Eastmoor Road Gladys Degenhardt, 1118 Eastmoor Road Karen Hager, 1616 Monte Corrine Way Lori Abernathy, 1155 Eastmoor Road Al Lovotti, 1588 Gilbreth Road Susan Potts, 1127 Eastmor Road Theresa Stoye, 708 Crossway Road Rita Sinclair, 1115 Eastmoor Road Marc & Carolyn Quilici, 1123 Eastmoor Road f TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, February 10, 2005 1. CALL TO ORDER 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 5 of 5 Commissioners present. 4. CURRENT BUSINESS 4.1 ACTION ITEMS 4.1.1 Approval of Minutes The January 13,2005 minutes were approved unanimously by the Commission. Motion: To approve Traffic Safety and Parking Commission Minutes for 1/13/05. M/S/C: Conway, Cohen, 5/0/0 5.2 DISCUSSION ITEMS 4.2.1 Evaluate limited-time parking at 818-826 Mahler Road. Commissioner James provided a written report to the Commission detailing the background,analysis,and recommendation for this request. He provided the following two recommendations to the Commission: 1)recommend to various City departments that prior to issuance of use permits and as part of the business licensing process, to follow due diligence in evaluating the correspondence between on-site and off-site parking demands and business usages as they relate to square-footages; and, 2)post some kind of overnight parking restriction and vehicle height restriction signs, or an 8-hour parking restriction on Mahler Road. Mr. Chou explained that in talking to Sue Harris, Code Enforcement Officer, it was determined that there were three primary businesses that were causing the parking problem on Mahler. He added that of those three, two have since moved to other locations leaving only one business left to work with on solving the parking problem. Page 2 The City of Budingame TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, February 10, 2005 Commissioner Cohen stated that with this current situation, perhaps the City needs to see if the combined actions taken so far by the Code Enforcement Officer,Planning Department staff, and Commissioner James could be enough to resolve the situation. Mr. Lovotti expressed concern that postponing the actions recommended by Commissioner James could be prolonging the current parking problem. He stated that waiting to see if the remaining problem business would comply is not helpful to his situation. Mr. Chou recommended that if the Commission felt comfortable with the two options,then the item could be moved to Action Item with a vote. Commissioner Cohen made a motion to move to action. Motion: To move request to Action Item. M/S/C: Condon, James, 5/0/0 Commissioner Condon stated that the overall concern was not to create a situation where the problems on Mahler would end up moving to surrounding streets. Chair Warden agreed and stated that in the past, the Commission took action which was much more "global"in nature and tried to anticipate resulting problems stemming from individual actions. He agreed with the recommendation to install height-restriction signs and implement either an 8-hour parking limit or no overnight parking. Commissioner Condon stated that the 8-hour restriction and the overnight restriction might be redundant. He added that they might not seem necessary since the majority of the offending businesses have already left Mahler road. Chair Warden recommended that one option is to revisit these recommendations after 120 days with the possibility of implementation afterwards. Motion: To deny the original request for limited-time parking on Mahler Road. M/S/C: Condon, Cohen, 5/0/0 Motion: To accept the recommendation to install height-restriction signs and implement 8-hour parking limits OR overnight parking restrictions after 120 days. M/S/C: Cohen,James 5/0/0 4.2.2 Green zone (24-minute parking)on Eastmoor Road, at Village Park Mr. Chou explained that currently there is a red zone along the existing eastern curb of Eastmoor Road, next to Village Park. He added that the curb was unmarked in the past, which allowed for parking next to the park. The parked cars, however, prevented street The City of Burlingame Page 3 TRAFFIC,SAFETY AND PARKING COMMISSION Meeting Minutes-Unapproved Thursday,February 10,2005 cleaning and the resulting build-up of leaves caused overflow flooding of the gutter into the park lawn during winter. Mr.Chou concluded by saying that the request stemmed from the desire of Parks&Rec staff to facilitate easier parking access to the park and the preschool at Village Park. Parks&Rec staff member and Director of the Village Park preschool,Karen Hager,stated that the request was made to help the parents of the preschool by giving them an area for drop-offs and pick-ups,while also respecting the parking situation for the residents across the street. She felt that this would be a"win-win"situation for both the preschool/park attendees and the residents of Eastmoor Road. Marc Quilici commented that a limited-time parking zone would not resolve the parking problems during the weekends. He added that people using the park from large parties currently abuse the existing red zones,so a white or green zone would do nothing to address the parking problem. Commissioner Condon stated that the roadway would become too narrow for two-way traffic and emergency access if the green zone were installed. He also stated that the green zone would not be enforced any better than the current red zone was now. He concluded that pedestrian safety was more of a priority than parking access to the park or the preschool at this point. Motion: To move request to Action Item. M/S/C: Cohen,Condon,5/0/0 Motion: To deny the request to install a green zone on Eastmoor Road,at Village Park. M/S/C: Cohen,Condon,5/0/0 4.2.3 Lincoln School crosswalk Mr.Chou explained that the Commission received a request by the Principal of Lincoln School for added safety measures at the two mid-block crosswalks on Devereux Drive,at Lincoln School. He explained that currently,there are only two painted lines for each of the crosswalks,with no warning signs or other indicators of the existence of the crosswalks. Mr. Chou also explained that during the pick-up and drop-off times,the street becomes narrow with parked cars and the crosswalks can be easily overlooked. He concluded by saying that a solution would be to increase the visibility of the crosswalks and make drivers more aware of their locations. Commissioner Cohen asked about the additional use of standing delineators in the middle of the crosswalks,similar to ones used on California at Stacks restaurant. Mr.Chou stated The City o/Bur ingame Page 4 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, February 10, 2005 that their use would not be recommended at this location due to the narrowness of the street. Chair Warden also raised a concern about use of "sandwich" boards in the middle of the crosswalk and the liability issues that might arise if such boards were struck by vehicles. Commissioner Condon reiterated the parents' and school administration's request to have the crosswalks highlighted in some way. Chair Warden suggested repainting the crosswalks and the use of lights, and having a raised area. Mr. Chou recommended that the use of illuminated crosswalks were most effective at wide, multi-lane crossings such as California Drive or Bayshore Highway. He added that these locations would not be effective because the narrowness of the road and the intermittent use by school children. Mr. Chou recommended the use of paint to highlight the crosswalks and the installation of reflective markers and pedestrian warning signs. Commissioner James asked if there was a requirement for the City to get neighborhood approval for such work to be done. Mr. Chou explained that neighborhood approval was not necessary in these situations since they are traffic/pedestrian control enhancements. Motion: To move request to Action Item. M/S/C: Cohen, Condon, 5/0/0 Motion: To install reflective markers and "cross-hatch" paint in the existing two mid- block crosswalks; and, to also install high-visibility fluorescent pedestrian/school crossing signs at both ends of both crosswalks. M/S/C: James, Cohen, 5/0/0 4.2.4 Cortez Avenue - Our Lady of Angels traffic and parking Mr. Chou provided a brief summary of the current situation regarding the traffic flow and circulation at Our Lady of Angels (OLA) School. He stated that Principal Carol Bender was not able to make this meeting due to illness. Theresa Stoye, a PTA member of OLA School, was present and explained that she would speak about the recent changes to accommodate the traffic and parking problems associated with the school. Ms. Stoye stated that the school modified the traffic cones within the yard/parking area from the entrance of Cortez Avenue for better internal circulation. She stated that this action has been effective. Ms. Stoye also reported that the school has been able to accommodate additional parking demands through the use of another parking area called the "upper lot" during the morning hours. Ms. Stoye indicated that late afternoon traffic and parking problems are still being addressed. Chair Warden made a recommendation to have the school provide more adults to help direct traffic in the main yard. The City of Burlingame Page 5 TRAFFIC,SAFETY AND PARKING COMMISSION Meeting Minutes-Unapproved Thursday,February 10,2005 Commissioner Condon appreciated Ms.Stoye's attendance and update,but also expressed disappointment that the City had not yet received a formal status report back from the OLA school and parish administration. He stated that his hope was to have a report that would give the City clear indications of whether or not the suggested actions by the Commission were effective. Chair Warden suggested that an OLA school representative provide a report at the March,2005 meeting. Mr.Chou added that staff would schedule a site visit to OLA school and offer the invitation in person. 5. ACKNOWLEDGMENT OF NEW ITEMS 5.1 Franklin School crosswalk Mr.Chou explained that members of the Franklin School Traffic Safety Committee requested that the City evaluate the use of"cross-hatch"paint to highlight the existing crosswalk at Trousdale Drive and Quesada Way. 6. FROM THE FLOOR None. 7. INFORMATION ITEMS 7.1 Bicycle Safety Issues in Burlingame 7.1.1 Funding application for Transportation Development Act(TDA)Article 3 Projects, Mr.Chou reported that he would be making a three-minute presentation to the County's Bicycle/Pedestrian Advisory Committee (BPAC) on February 17 at 6:30PM, at San Mateo's City Hall.He added that this meeting would be open to the public. Commissioner Condon stated that he would like to see more community involvement in the planning portion of future project applications. 7.2 From Staff to Commission 7.2.1 Traffic Engineer's Report None. The City o/Burlingame Page 6 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, February 10, 2005 7.2.2 Traffic Sergeant's Report Sergeant Shepley reported a higher-than-normal turnover of staff in the Traffic Division which caused some delays in providing enforcement reports at the last meeting. He stated that due to this turnover, almost all the Traffic Division personnel are new. Commissioner Cohen commended Sergeant Shepley's thoroughness in his presentation material. 7.3 From Commission to Staff Commissioner Condon commented on the removal of an old, unused blue zone on the eastside of Paloma Avenue, between Mills Avenue and Grove Avenue. Commissioner Cohen commented on a concern about the danger at Howard Avenue and El Camino Real. He asked Sergeant Shepley about accident statistics for the last four years at that intersection. Chair Warden asked that Code Enforcement Officer Sue Harris speak with a business owner regarding airport parking services from the business owner's home on Palm at Crossway . Chair Warden stated that the driveway at 834 Farringdon Lane has become a storage area for non- operating vehicles and asked if there were any code violations. Commissioner Cohen stated that it would be hard to enforce parking regulations on private property. He added that this was more difficult when the storage of vehicles is not in view of the public. Commissioner Conway expressed concern about cars for sale at the corner of Ralston Avenue and Occidental Avenue. Chair Warden made a recommendation that former Commissioner Jim McIver receive a Proclamation for his years of work with the Traffic Safety and Parking Commission at the next meeting. 7.3.1 Reports of citizen complaints or requests. None. 7.3.2 Comments and Communication None. The City of Burlingame Page 7 TRAFFIC, SAFETY AND PARKING COMMISSION Meeting Minutes - Unapproved Thursday, February 10, 2005 7.3.3 Next Meeting: March 10,2005. Sergeant Shepley reported that he might not be available, but would be sending someone in his place. 8. INACTIVE ITEMS 8.1 Occidental Avenue -Temporary removal of 2-hour parking restrictions and monitoring. Mr. Chou stated that this item is in the fifth month of review; and, that next month would make the end of the six-month evaluation period. Chair Warden stated that he has received mostly negative feedback with nothing positive to report. Commissioner James recommended sending notices to all the residents along Occidental Avenue again for next month's meeting.Mr.Chou said that notices would be distributed to the same group of residents as before. 9. AGENDIZE FOR THE NEXT MEETING-March 10,2005 • Franklin School crosswalk • Our Lady of Angels school • Four-way stop signs at Howard Avenue and Crescent Avenue • Removal of blue zone on Paloma Avenue between Mills Avenue and Grove Avenue • Occidental Avenue time-limit parking restriction removal 11.ADJOURNMENT 8:57 p.m. SAA Public Works Directory\TSP Commission\Minutes\2005 Minutes\Minutes for 2.10.05 Rev.wpd The City of Burlingame Page 8 Ci C/erk/ , C'pv11Cl ' BURLINGAME BEAUTIFICATION COMMISSION March 3, 2005 Chairperson Hesselgren called the regularly scheduled meeting of the Beautification Commission to order at 5:30 p.m. ROLL CALL Present: Chairperson Hesselgren, Commissioners Camey, Grandcolas, Lauder, McQuaide, and Webb Absent: Commissioner O'Connor Staff: Parks &Recreation Director Schwartz, Parks Superintendent Richmond, Planner Monroe, Secretary Harvey Guests: Russ Cohen, Bobbi Benson, Liz Harrelson, and Rosalie McCloud MINUTES The minutes of the February 3, 2005 Beautification Commission meeting were approved as submitted. CORRESPONDENCE Pictures from Public Works presentation on removal of the Eucalyptus tree at 1800 Easton Drive. Letter to Vincent Falzon, Assistant Superintendent Street & Sewer, from Parks Superintendent Richmond informing him that the Beautification Commission voted to uphold the appeal of the denial to remove the City- owned Eucalyptus tree at 1800 Easton Drive. Letter to Susie Dillon Lahey, 1719 Easton Drive, informing her that her appeal for the removal of the Eucalyptus tree at 1800 Easton Drive would be heard at the March 7, 2005 Council meeting. Copy of email from Susie Lahey, 1719 Easton Drive, regarding her appeal for the removal of the Eucalyptus tree at 1800 Easton Drive. Letter from Shari Mayer, 812 Laurel Avenue, to the Beautification Commission, appealing the denial for the removal of a City-owned Liquidambar in front of her address. FROM THE FLOOR- Bobbi Benson reported that she spoke with the Manager of Bank of America and suggested that the landscaper pick up trash in the area; she has noticed an improvement since their discussion. She noted that the public parking lots always have an abundance of trash; she does what she can. She will be requesting from Public Works more trash receptacles on Burlingame Ave.;the existing receptacles are overflowing by 3:00 pm . Bobbi Benson reported that a public planting for the Burlingame Avenue planters will be on Sunday, April 10th at 7:30 am.; she is hoping to get free compost from the City, but was also reminded of the Free Compost giveaway that will be provided by BFI on Saturday, April 2nd. She added that perennials rather than Primroses would be planted. Bobbi Benson reported that she has written a letter to CalTrans regarding the deplorable condition of the sidewalks on the 400-500 blocks of El Camino. OLD BUSINESS - Tree View Ordinance — Commissioner Grandcolas summarized that at the last Commission meeting, data was presented with regard to difficulties experienced by cities who have enacted View Ordinances as well as information regarding the previous City of Burlingame's attorney's reticence to adopting a View Ordinance. Commissioner Grandcolas stated that since that time there have been significant differences in the court systems with regard to cities rights. 1 OLD BUSINESS -Tree View Ordinance— Contd. — Commissioner Grandcolas stated that current law allows cities to establish View Ordinances and those ordinances can address heights and aesthetics. Citizens also have the right to sue one another over view issues. Cities are not parry to these law suits, but the citizens have the right to come to tree commissions. Superintendent Richmond then introduced City Planner Monroe who was invited to discuss existing hillside area ordinance elements to be considered when drafting new ordinances. She explained that when the ordinance "Additions to or Modifications of Residences in Hillside Areas" was drafted for the City of Burlingame, it reflected the community's value that "a view is a property right shared by neighbors" granting neighbors in the area the right to review changes to their environment. Planning staff has also developed a list of appropriate trees that assists developers in meeting the Residential Design Guidelines. The Commission discussed with Planner Monroe defining views, defining who is affected i.e. cost, the differences between establishing a policy or an ordinance; regulations; CEQA; establishing community standards for trees verses views; and the existing Urban Reforestation Ordinance verses a View Ordinance. Following the discussion, Chairperson Hesslgren thanked Planner Monroe for meeting with the Commission. Chairperson Hesselgren stated it would be important to first define views and define the values of the community if the Commission should decide to establish an ordinance or a policy. Commissioner Grandcolas noted that the Cities of Sausalito and Tiburon began their process by establishing a view "policy". Commissioner Lauder responded that it would be very important to have the communities input and support and Commissioner McQuaide added that the Commission and or Council would need to hold public hearings before adopting such an ordinance or policy. Chairperson Hesselgren asked if the Commission was ready to make recommendation to Council as to whether to adopt an ordinance or a policy or if the Commission should recommend to Council that there should be no view ordinance established at this time? Commissioner Grandcolas recommended that the Committee which now consists of Commissioners McQuaide, Webb, and himself, meet and review all the current information and make recommendation how to proceed i.e., an ordinance, a policy, or nothing, at the April 7`h Commission meeting. The Commission agreed and item will be placed on the April 7t'meeting agenda. Street Tree Removal Policy — Superintendent Richmond stated the Commission was asked to review the Criteria for City Street Tree Removal form. He stated that Supervisor Disco noted that there is subjectivity in using this form; however it covers important elements when considering justification for street tree removals. He added that if the Commission agrees that the form is a useful tool, staff would draft and recommend policy to accompany it. The Commission approved the Criteria for City Street Tree Removal form and asked Superintendent Richmond to make recommendation of a policy at the April 7h meeting. Arbor Day Ceremonies — Monday, March 7, 200 — Bayside Park — Superintendent Richmond reminded the Commission of this upcoming event. NEW BUSINESS Long Ranee Reforestation Plan for Easton Drive — Chairperson Hesselgren reported that Superintendent Richmond has arranged for Arborist Kevin Kielty, (Mayne Tree Expert Company) to discuss his Arborist report of October 10, 2004, (at the April 7h Commission meeting) regarding the Eucalyptus trees on Easton Drive, from El Camino to Vancouver. Superintendent Richmond asked the Commission to review the report, specifically focusing on the scoring and it's meaning with regard to the health of a tree. Chairperson Hesselgren stated if it is determined that the trees have reached their life span, then it might be appropriate for the Commission to consider developing a long range reforestation plan for Easton Drive. 2 REPORTS– Superintendent Richmond- 1. A tree was removed at 1566 Cypress—major root wrapped around gas line;very narrow planting strip. 2. The approval to remove the tree at 1800 Easton Drive was appealed by a resident of the area. The hearing of the appeal will be on the agenda of the March 7h Council meeting. 3. Tree planting will soon be completed, as will the annual Sycamore pruning. 4. Application period for Tree Maintenance Worker will close tomorrow. 5. BFI Compost giveaways April 2nd and May 7h from 8 a.m. to Noon at the BHS parking lot. 6. Denial of request to remove a City street tree at 812 Laurel was appealed. The hearing will be at the April 7h Commission meeting. 7. Reminder that the Commission is scheduled to meet with Council before the May 5`h Commission meeting. Hesselgren– Chairperson Hesselgren reported that she will be attending the next Mayor's Meeting and asked if there was anything the Commission would like her bring to the table. She added that she will be asking the Planning Commission to consider a maintenance agreement for Commercial projects that would require a length of time for landscaping, specifically trees, to remain on site following the completion of the project. Commissioner Webb requested that Chairperson Hesselgren ask what had become of the Bayfront Specific Area Plan. There being no further business the meeting was adjourned at 6:50 pm. Respectfully submitted, NI Karlene Harvey Recording Secretary 3 CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA. March 14, 2005 7:00 P.M. Council Chambers I. CALL TO ORDER Acting Chair Auran called the March 14, 2005, regular meeting of the Planning Commission to order at 7:05 p.m. 1I. ROLL CALL Present: Commissioners Auran, Bojues, Brownrigg, Deal, Keighran, and Vistica Absent: Commissioner Osterling Staff Present: City Planner, Margaret Monroe; Senior Planner, Maureen Brooks; City Attorney, Larry Anderson; Senior Engineer; Doug Bell. III. MINUTES The minutes of the February 28, 2005 regular meeting of the Planning Commission were approved as mailed. IV. APPROVAL OF AGENDA Vice Chair Auran noted that he had received a request to remove item 4d, 1450 Capuchino, from the consent to regular action calendar for a public hearing. There were no other changes to the agenda. V. FROM THE FLOOR There were no public comments. VI. STUDY ITEMS 1. 1340 SANCHEZ AVENUE,ZONED R-2—APPLICATION FOR SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE AND CONDITIONAL USE PERMIT FOR A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AND A NEW DETACHED GARAGE IN AN R-2 ZONE (JOHN MATTHEWS ARCHITECTS, APPLICANT AND ARCHITECT; KEVIN CHRISTIAN, PROPERTY OWNER)PROJECT PLANNER: RUBEN HURIN CP Monroe presented a summary of the staff report. Commissioners had no comments on the project. This item was set for the consent calendar with no changes to the plans requested. This item concluded at 7:10 p.m. 2. REVISED ZONING REGULATIONS FOR AUTO ROW,SUBAREA D,SECOND UNIT AMNESTY AND OTHER CORRECTIONS CP Monroe presented a summary of the staff report summarizing the proposed changes to the overlay regulations for Subarea D of the Burlingame Avenue Commercial Area, zoned C-2; amendment to the Fortunetelling licensing requirements to clarify references to the zoning ordinance; amendment to the second unit amnesty requirements to establish an incentive for making qualified units very low and low income housing;and an amendment to the R-3 zoning regulations making churches and religious institutions a permitted use and auxiliary use of church facilities by other tenants a conditional use. City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 Commission discussion: does the definition of"car rental facilities" include free standing office and a storage lot? Yes. How would these regulatory changes work with adoption of a Specific Plan for the downtown area? These changes should be seen as being interim; when a Specific Plan is adopted for the Burlingame Avenue Commercial Area, which includes Subarea D, new zoning will need to be written to implement the vision for Subarea D expressed in the adopted plan. CA pointed out that these proposed revisions to Subarea D include a clarification that office uses are a conditional use, currently the zoning is vague on the status of office uses in Subarea D. Car rental uses needed to support auto row are all right, provided the number of cars which can be stored and repaired/maintained on site are limited so the use can be limited to the scale of other uses in the area. If auto dealers need car rental business for support and it allows them to increase their business,should find a way for them to have free standing car rental uses on a limited basis. Concerned that car rental agencies as a use are not consistent with land use goal to promote pedestrian activity in the downtown area, does not sound right to have big parking lot for storage of car rentals in this area. Commission discussion continued: How will the age of buildings be determined if the criteria for review is based on a specific date? Staff has access to a number of documents which provide information on the date of construction,in addition applicants have title reports,and there are local resources such as the Historical Society. Generally,applicants and staff work together to arrive at the date of construction.Is a specific date necessary to demarcate CEQA review before a demolition permit can be issued? No; but if a date is not given,there needs to be some criteria for why some or all buildings are important,that becomes a standard for such review. Don't understand the issue regarding the date criteria for structural removal.CA noted that there is a sense in California law that one has the right to tear down a building,you need to provide a finding for the reason to protect if you are going to limit that right and protect a building. -� Discussion continued :How is it insured that low income units stay in that segment of the market? Such units are managed by a third party approved by the city;this is established in the city's inclusionary zoning requirements and included by reference in the second unit requirements. What does the "no parking on- site"mean for low income housing? It means that there need be no parking on site for the second unit if the unit is committed to have a rent which qualifies as very low or low income. This was discussed at the Joint Planning Commission/City Council meeting in 2004,there is already an incentive in the second unit program for moderate income housing e.g. none of the on site parking(for primary and secondary unit)needs to be covered. -- Commission direction: When this item returns to the Commission it would be helpful to have some background on the platform relocation project proposed for the Burlingame Avenue Train Station. The Commercial Design Guidelines should also be included in the staff report so Commission can determine if they are adequate for the auto row area. It would be helpful if a representative of the car dealerships interested in having a free standing car rental facility would come and discuss with the Commission the economic benefit of the car rental use to their business. ■ Alternative language for limiting size or removing car rental agencies (free standing) should be provided. ■ Investigate an alternative to using a date for defining the standard for CEQA review of buildings prior to issuing a demolition permit in Subareas A,B and D. This item concluded at 7:25 p.m. 2 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 3. REVIEW OF THE RECENTLY CITY ADOPTED AMENDMENTS TO THE CALIFORNIA FIRE CODE AFFECTING THE REGULATIONS TO PROVIDE SPRINKLERS IN SINGLE FAMILY HOUSES CP Monroe presented a summary of the staff report which outlined recent local amendments to the California Fire Code as it relates to sprinklering requirements for single family houses. She noted that the original regulations were adopted by the City Council in 2001 and were amended in 2004 to make them more lenient, and the Fire Department and the Council will continue to look at the issue over time. The recent amendment to the regulations changed the threshold for requiring sprinklers from a dollar amount of$75,000 value of construction to a threshold based on increase in floor area, with a 750 SF addition triggering the requirement for sprinklers. It was noted that with 750 SF addition,the homeowner is required to sprinkler the entire house. Commissioners expressed concern about this requirement noting that it places a financial burden on the homeowner, it is not an easy job to retrofit an older house with sprinklers, there is a balance to be struck, would like to see increased safety,but with a modest addition,sprinklers have to be installed throughout the house, and with stucco and plaster it is a lot of work. Commissioners also expressed a concern with the added cost for after-hours inspection,the charge seems high,is it requested often? CA Anderson noted that an after-hours inspection is only done when it is requested by the property owner,so it is offered as an option if it is requested. Commissioners noted that they had heard a lot of complaints about the requirement for sprinklers, not opposed to the ordinance but with the extent of the requirement,would be okay if the sprinklers were only �-- required for the area added,but should not have to go back through the whole house;this ordinance goes too far. Would like our comments passed on to the Fire Marshal and the Fire Chief,and hope they are taken into consideration the next time these regulations come up for review. It would have been nice if input was solicited from the Commission prior to adoption to see if there some more balanced approach that could be implemented. The item concluded at 7:35 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 and/or action is requested by the applicant,a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. 4A. 1149 DRAKE AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION (ROBERT MEDAN, APPLICANT AND ARCHITECT;TOM AND LORIE WHITE,PROPERTY OWNERS)(64 NOTICED) PROJECT PLANNER: ERICA STROHMEIER 4B. 215 CHAPIN LANE,ZONED R-1-APPLICATION FOR DESIGN REVIEW,SPECIAL PERMIT FOR AN ATTACHED GARAGE AND SIDE SETBACK VARIANCE FOR A FIRST FLOOR ADDITION (ERIKO STAUBER, APPLICANT AND ARCHITECT; STEVE TAYLOR, PROPERTY OWNER) (50 NOTICED)PROJECT PLANNER: RUBEN HURIN 3 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 4C. 1416 CARLOS AVENUE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (JOE AND CHRISTINE DAMICO, APPLICANTS AND PROPERTY--, OWNERS; JOHN MATTHEWS ARCHITECTS,ARCHITECT) (64 NOTICED)PROJECT PLANNER: RUBEN HURIN 4F. 1101 BURLINGAME AVENUE,ZONED C-1,SUBAREA A—APPLICATION FOR COMMERCIAL DESIGN REVIEW AMENDMENT TO REMODEL AN EXISTING COMMERCIAL BUILDING (28 NOTICED)PROJECT PLANNER: RUBEN HURIN. C.Deal noted that he would abstain from all items on the consent calendar because he did not participate in the previous discussions on these items. C.Vistica noted that he would recuse himself from action on Item 4F, 1101 Burlingame Avenue, because he has a business relationship with the applicant. Acting Chair Auran asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. C. Brownrigg requested that Item No. 4d., 1450 Capuchino Avenue be removed from consent for discussion. Acting Chair Auran noted that he had requests to speak from the audience regarding Item 4e., 149 Occidental Avenue, and Item 4g., 220 California Drive. Acting Chair Auran set Items 4d., 1450 Capuchino Avenue,4e., 149 Occidental Avenue,and Item 4g.,220 California Drive, as the first three items on the regular action calendar. C.Keighran moved approval of the balance of the consent calendar(Items 4a., 1149 Drake Avenue,4b.,215 Chapin Lane, 4c., 1416 Carlos Avenue, and 4f., 110 1 Burlingame Avenue) based on the facts in the staff-� reports,commissioners comments and the findings in the staffreports with recommended conditions in eac1- staff report and by resolution. The motion was seconded by C. Bojues. Acting Chair Auran called for a voice vote on the motion. Items 4a., 1149 Drake Avenue, 4b., 215 Chapin Lane, and 4c., 1416 Carlos Avenue passed on a 5-0-1-1 voice vote(C. Deal abstaining and C. Osterling absent); and Item 4f.., 1101 Burlingame Avenue passed on a 4-1-2 voice vote(Crs.Deal and Vistica abstaining and C.Osterling absent). Appeal procedures were advised. This item concluded at 7:40 p.m. VIII. REGULAR ACTION ITEM 4D. 1450 CAPUCHINO AVENUE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (STEVE AND DONNA MURPHY,APPLICANTS AND PROPERTY OWNERS;JAMES CHU,CHU DESIGN&ENGR.,INC., DESIGNER)(70 NOTICED)PROJECT PLANNER: CATHERINE BARBER Reference staff report March 14,2005,with attachments. SP Brooks presented the report,reviewed criteria and staff comments. Four conditions were suggested for consideration. There were no questions of staff. Acting Chair Auran opened the public hearing. Donna and Steve Murphy, 226 Bella Vista Street, San Francisco, applicants, and James Chu, 39 W. 43rd Street , San Mateo were available to answer questions. Commissioners noted that the item was removed from the consent calendar in order to make comments on the design, this will be a large house, on a prominent corner it will appear even larger, took an informal visual poll of the neighborhood and there was only one balcony on a street frontage,when this item came to us for design review study, it was the last item on a very long agenda, want to give people a chance to comment. The applicants noted that they did their homework before designing the house, looked at the styles in the neighborhood and tried to follow the design guidelines,the purpose of the balcony on the rear is 4 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 to balance the design on that side of the house, looking forward to using the balcony as a place to read and relax, it will also provide shade underneath and allow us to enjoy the back yard, think the balcony adds appeal to the neighborhood. There were no further comments and the public hearing was closed. Commissioners noted that this is a project that is well done,articulated well,think the balconies blend well with the house,they are not all wrought iron,but use wood shingles and other materials that soften the look, will be a fine addition to the neighborhood. C. Keighran made a motion 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 December 22, 2004, site plan, demolition plan, proposed floor plan, proposed and existing elevations and a separate landscape plan with color renderings, date stamped February 3, 2005, and that any changes to the footprint or floor area of the building shall require an amendment to this permit; 2) that the conditions of the City Engineer's, Chief Building Official's and Recycling Specialist's November 1, 2004, memos shall be met; 3) 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 4) 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. Bcjues. Chair Auran called for a voice vote on the motion to approve. The motion passed on a 4-1-1-1 voice vote (C. Brownrigg dissenting, C. Deal abstained and C. Osterling absent). Appeal procedures were advised. This item concluded at 7:55 p.m. 4E. 149 OCCIDENTAL AVENUE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AMENDMENT TO MAKE CHANGES TO CONDITIONS REGARDING THE LOCATION OF THE REAR FENCE (KURT STEEL, APPLICANT AND PROPERTY OWNER; JAMES CHU,DESIGNER) (55 NOTICED) �. PROJECT PLANNER: CATHERINE BARBER Reference staff report of March 14, 2005, with attachments. CP Monroe presented the report, reviewed criteria and staff comments. Four conditions were suggested for consideration. There were no questions of staff. Acting Chair Auran opened the public hearing. Kurt Steil,911 Amphlett,San Mateo,applicant,and David Agard, 150 Chapin Lane spoke regarding the project. It was noted that an agreement has been reached with the neighbor, there were some revisions made to the proposed landscaping, the fence will be in the same place as proposed in the application,the landscape changes made to satisfy the neighbor resulted in a change in the location of some of the plant materials,and three trees were added on the creek side of the fence. He noted that the trees would be 36"box size. The owner behind the project noted that he is in support of the plan as revised, the changes are technical to the landscape plan and are a modest revision to what was originally submitted. There were no further comments and the public hearing was closed. C. Vistica noted that he was happy to see that there is agreement between the parties and made a motion to approve the application,by resolution,with the following amended conditions: 1)that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 22, 2004, site plan,demolition plan,proposed floor plan,proposed and existing elevations and a separate landscape plan with color renderings, date stamped February 3,2005, and that any changes to the footprint or floor area of the building shall require an amendment to this permit; 2) that when completed, there shall be no less landscaping than is shown on the landscape plans date stamped February 3,2005; 3)that the conditions of the City Engineer's,Chief Building Official's and Recycling Specialist's November 1,2004,memos shall be met; 4)that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 5 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 2001 Edition,as amended by the City of Burlingame;and 5)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. Keighran. Acting Chair Auran called for a voice vote on the motion to approve. The motion passed on a 5-0-1-1 voice vote C. Deal abstaining and C. Osterling absent). Appeal procedures were advised. This item concluded at 8:05 p.m. 4G. 220 CALIFORNIA DRIVE,ZONED C-2,SUBAREA D-APPLICATION FOR CONDITIONAL USE PERMIT FOR A NON-AUTO RELATED USE (PRINTING BUSINESS) (SCHEHEREZADE SHARABIANLOU,APPLICANT;BUDI LEONARDI,PROPERTY OWNER)(30 NOTICED)PROJECT PLANNER: CATHERINE BARBER Reference staff report March 14,2005,with attachments. CP Monroe presented the report,reviewed criteria and staff comments. Four conditions were suggested for consideration. CP Monroe noted that there is a memo at the Commissioner's desks in response to a question raised about parking issues at the Lorton address of the business,it notes that correspondence had been exchanged in 1996 and a letter submitted from the applicant's attorney regarding people using the parking lot for the business as a short cut to Hatch Lane. It appears that this item may have been discussed by the Traffic, Safety and Parking Commission,but staff was unable to retrieve the minutes; the City Attorney noted that this was a private property matter. Commissioners asked staff how is a differentiation made between a pedestrian friendly business and a printing business which does not get a lot of foot traffic,how do we define this business? CP Monroe noted that the interpretation is up to the Commission,this issue has also come up in the Rollins Road area where a larger scale printing operation has a retail component, it is something that has to be looked at business by-� business. Commissioners noted that there are not too many copy shops downtown,foot traffic is limited,buy it is a convenience for people downtown, and noted that the General Plan specifically allows this use in the area,the business has existed on Lorton as a retail use for quite some time,would like to see it stay in the area. Acting Chair Auran opened the public hearing. Scheherezade and Farrokh Sharabianlou, applicants,Gary Doss, 214 California Drive,Annamarie Holland Daniels and Derrick and Diana Daniels spoke regarding the project. Asked the Commission to make a decision on the application,indicating that they just want to move their business,it is not a new business,been in Burlingame for over 20 years,the project won't have a major impact on parking because a lot of the business is done over the computer and internet;there will be space for customer service and an area for production. Represents six businesses on California Drive,wants to express support and endorsement for this project and for the applicant being in the neighborhood, sent a letter on February 15,2005, on behalf of the businesses on West Lane indicating that as long as their lease with Caltrain is active, they will share the leased parking spaces with this business. Expressed support for the business, noting that we need to support the small businesses as much as the larger businesses. There were no further comments and the public hearing was closed. Commissioners noted that at the study meeting, the Commission had placed this item on the consent calendar because they felt it was a routine matter, it was called off consent by the neighbors wishing to express their support. C. Brownrigg made a motion 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 December 22,2004,site plan,demolition plan,proposed floor plan,proposed and existing elevations and a separate landscape plan with color renderings, date stamped February 3,2005, and that any changes to the 6 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 footprint or floor area of the building shall require an amendment to this permit; 2)that the conditions of the City Engineer's,Chief Building Official's and Recycling Specialist's November 1,2004,memos shall be met; 3)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 4)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. Keighran. Acting Chair Auran called for a voice vote on the motion to approve. The motion passed on a 5-0-1-1 voice vote(C.Deal abstaining and C. Osterling absent). Appeal procedures were advised. This item concluded at 8:20 p.m. 5. 1100 DRAKE AVENUE,ZONED R-1-APPLICATION FOR SPECIAL PERMIT FOR REDUCTION IN THE NUMBER OF ON-SITE PARKING SPACES AND FRONT AND SIDE SETBACK VARIANCES FOR A FIRST FLOOR REMODEL AND ADDITION(SHEILA WARD,APPLICANT AND DESIGNER; CHRISTIAN AND ERICA REILLY, PROPERTY OWNERS) (56 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Reference staff report March 14,2005,with attachments. CP Monroe presented the report,reviewed criteria and staff comments. Four conditions were suggested for consideration. There were no questions of staff. Acting Chair Auran opened the public hearing. Christian Reilly,property owner,and Sheila Ward and Mark Damler,designers,were available to answer questions. The property owner noted that although the project sounds complicated,they are simply trying to take a 1950's house and make it more livable,what they are doing will be good for the neighborhood. There were no further comments and the public hearing was `-- closed. Commissioners noted that they are generally in favor of the project,especially if a condition is added that the variance goes with the project and if the building is ever altered or removed,the variance will go away,the hardship in this case is the placement of the house and the corner lot,with these factors,it is hard to meet all the zoning requirements. C.Vistica made a motion to approve the application,by resolution,with the following amended conditions: 1)that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 22,2004,site plan,demolition plan,proposed floor plan,proposed and existing elevations and a separate landscape plan with color renderings,date stamped February 3, 2005, and that any changes to the footprint or floor area of the building shall require an amendment to this permit; 2) that if the structure is demolished,or the envelope changed at a later date,the front setback variance for the staggered garage and the side setback variance to extend a first floor wall as well as any other exceptions to the code granted with this action will become void; 3) that the conditions of the City Engineer's, Chief Building Official's and Recycling Specialist's November 1, 2004, memos shall be met; 4) 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 5) 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. Brownrigg. Acting Chair Auran called for a voice vote on the motion to approve. The motion passed on a 5-0-1-1 (C. Deal abstaining and C. Osterling absent). Appeal procedures were advised. This item concluded at 8:30 p.m. 7 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 6. 2515 POPPY DRIVE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (JOHNNY DAROSA, APPLICANT AND DESIGNER; ALFRED ANI' PINKY PONG,PROPERTY OWNERS)(71 NOTICED)PROJECT PLANNER:ERICA STROHMEIER Reference staff report March 14,2005,with attachments. SP Brooks presented the report,reviewed criteria and staff comments.Ten conditions were suggested for consideration. Commissioners noted that a neighbor had expressed concern about drainage from the project because this site slopes down from the street; the conditions from the City Engineer note that the drainage shall be directed to the street, does this mean that the drainage will have to be pumped to the street. Staff noted that in cases such as this it is typical to have to use a pump, the standard requirement is that all drainage shall be directed and pumped to the street if necessary so that it does not drain to adjacent properties. Chair Osterling opened the public hearing. Johnny Darosa, 475 El Camino Real,Millbrae, applicant and designer, and Jerry Baker, 2510 Hale Drive spoke regarding the project. Designer was available for questions. Commissioners thanked the applicant for preparing the elevations of the existing house, and noted that this is a nice design. There were no questions for the applicant. Neighbor noted that he lives directly behind the project,there is a drain in the easement between the properties,it is getting a tremendous amount of water,understood it would be taken care of,the water comes into his yard and garage,wants to be sure drainage is addressed,has no other problems with the project. There were no further comments and the public hearing was closed. C.Bcjues moved to approve the application,by resolution,with the following amended conditions: 1)that the project shall be built as shown on the plans submitted to the Planning Department date stamped February .� 25,2005,sheets 1-7 and 3-A; and that any changes to the footprint or floor area of the building shall require and amendment to this permit; and that all the windows in the house shall match and they shall all be three dimensional,divided light,double glaze,vinyl frame windows; 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 establish 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 October 21, 2004 memo and the City Engineer's, Recycling Specialist's, Fire Marshal's and NPDES Coordinator's October 25,2004 memos and shall be met; 8)that the drainage from the site shall be directed to the street frontage in a method to be approved by the City Engineer; 9) 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; 10) that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 11)that the project shall meet all the requirements of 8 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 the California Building Code and California Fire Code,2001 edition,as amended by the City of Burlingame. The motion was seconded by C. Vistica. Acting Chair Auran called for a voice vote on the motion to approve. The motion passed on a 5-0-1-1 (C. Deal abstaining and C. Osterling absent). Appeal procedures were advised. This item concluded at 8:40 p.m. IX. DESIGN REVIEW STUDY ITEMS 7. 1149 BERNAL AVENUE,ZONED R-1—APPLICATION FOR DESIGN REVIEW FORA NEW,TWO- STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (POKO KLEIN, TRG ARCHITECTS, APPLICANT AND ARCHITECT; BRIAN CASSIDY, PROPERTY OWNER) (59 NOTICED)PROJECT PLANNER: RUBEN HURIN SP Brooks briefly presented the project description. There were no questions of staff. Acting Chair Auran opened the public comment. Randy Grange, TRG Architects, 204 Park Road represented the project. Retained the existing Mediterranean style because that is what was there and it fits with the other houses on the street. Commissioners asked what trim are you planning around the windows? Stucco mold with a stucco sill into a wood header. Is it possible to put two garage doors on instead of one very large door, it would reduce the perceived mass of the garage as seen from the street? The garage is a typical 20'-8" which provide just enough room for a single double door, may take a steel frame to do two separate doors? Can you find a double door that looks like two doors? There were no further comments from the floor. The Public Comment was closed. Commissioner Keighran commended the architect on this design,it is a nice addition to the block and both supports the character and improves it;would recommend a note on the plans regarding the stucco mold and would encourage the change to the garage door to two doors to make the garage more in scale with the house and less obtrusive from the street; recommend this item for the consent calendar. The motion was seconded by C. Boju6s. Comment on the motion: hope that a revised drawing for the garage is included in the packet for the consent calendar. Acting chair Auran called for a voice vote on the motion to place this item on the consent calendar when the garage issue has been addressed and checked by staff. The motion passed on a 6-0-1 (C.Osterling absent) voice vote. The Planning Commission's action is advisory and not appealable. This item concluded at 8:45 p.m. 8. 1920 CARMELITA AVENUE,ZONED R-1-APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR BASEMENT FOR NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (TRG ARCHITECTS, APPLICANT AND ARCHITECT; KEITH RUZICKA, PROPERTY OWNER)( 65 NOTICED)PROJECT PLANNER: CATHERINE BARBER C.Boju6s abstained from this application since he lives within 500 feet of the project. He left the dais and chambers. 9 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 CP Monroe briefly presented the project description. Commission noted the need for tree protection measures during construction and maintenance following, asked that a condition be added regarding those items when this application comes back for action. There were no further questions. Acting Chair Auran opened the public comment. Randy Grange, TRG Architect, 205 Park Road, represented the project. Noted that this is a unique site,wanted to save all the big trees,but the one in the patio area has large holes in it which have been filled with concrete,so that tree will be removed. The aspect of the site directs that the house design be low on both sides with a vertical element in the center. The Tudor tradition in the city takes two approaches, one with a lot of half timber and another which is more simple, the simple approach is used here since it seemed not to compete with all the trees. Commissioner comment: did well working around the trees on this lot, simple and elegant is good, should look at the arborist report and provide protection during construction; assume that the landscape plan included is in keeping with the wooded nature? Put some smaller shrubs along the sidewalk, replace the same feeling as there but better organized. Is there fencing around the patios at the front and back? Fences are shown on the landscape plan, will be one at rear. Have you spoken to the immediate neighbor on Bernal? They are the ones who sold the lot to his client, aware of the project,have no living area windows facing that house, only stair well and closet. There were no further comments from the floor. The public comment was closed. C. Vistica noted that his was a great job on a difficult lot because of the trees, saved the trees,moved that this item be placed on the consent calendar. The motion was seconded by C. Keighran. Acting Chair Auran called for a voice vote on the motion to place this item on the consent calendar with z -� condition to address tree protection measures during construction and maintenance after. The motion passed on a 5-0-1-1 (C. Bojues abstained; C. Osterling absent)voice vote. The Planning Commission's action is advisory and not appealable. This item concluded at 9:00 p.m. C. Bojues returned to his seat. 9. 1532 BERNAL AVENUE,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A NEW,TWO- STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE(DALE MEYER ASSOCIATES, APPLICANT AND ARCHITECT; LARRY AND MARY JO NEJASMICH (64 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Cers.Keighran and Brownrigg recused themselves because they both live within 500 feet of this property. They stepped down from the dais and left the Council Chambers. CP Monroe briefly presented the project description. There were no questions of staff. Acting Chair Auran opened the public comment. Dale Meyer,architect,851 Burlway Road,represented the project. He asked if there were any questions. Commissioners asked: have oriented the front door to the side property line,but there is nothing on the landscape plan to direct people to the door at that location,no identification;door faces garage next door so all right in terms of neighbor impact; this is a new house,not limited by having to use existing attributes of an existing structure as you are with a remodel, do not see -� "character" here, does not appear to draw on any particular style, rather appears to be driven by the floor plan;house does not fit the neighborhood,includes no specific "style"; submittal appears hurried as if style 10 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 is not yet resolved, height is good, low and not massive; the following items should be addressed in plan revisions: ■ Need to announce from the front property line the location of the front door on the side, use landscaping and something structural; structure lacks a sense of entry; ■ needs something to make the house more appealing on the southeast elevation. two blank walls at the location of the kitchen and bedroom above; lacks windows and windows too small, windows should say that there are people inside, no character; ■ Northwest elevation know fire places are gas so no chimney is required, but they need to be integrated into the exterior structure, they appear as storage boxes on the outside of the building; ■ On the front elevation the windows do not stack and the massing is out of balance,they don't line up to support the building above; ■ The roof over the staircase looks like a"hat", the wall needs more articulation; ■ Project needs better massing; ■ Front porch is not appropriate on the side, CBC will not allow a port cochere any more; ■ The ornamental stucco band is too massive,not see it any where in the area,inconsistent,often used in new subdivisions; ■ Need to revise the flat roof at the front, may not see clearly on elevation, going to look odd when built, know it exists with the current house but does not need to be repeated on the new house. There were no other comments from the floor and the public comment was closed. C. Bojues noted that there are a number of inter-related items on this project which need to be addressed and made a motion to refer to a design reviewer. The motion was seconded by C. Vistica. Comment on motion: Dale Meyer is a capable architect and understands how projects can be owner driven which does not give the architect a lot of control, working with the design reviewer will provide a third party to resolve issues. Acting Chair Auran called for a vote on the motion to refer this item to a design reviewer. The motion passed on a 4-0-2-1 (Cers.Keighran,Brownrigg abstaining,C. Osterling absent)voice vote. The Planning Commission's action is advisory and not appealable. This item concluded at 9:10 p.m. 10. 1517 CYPRESS AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A FIRST FLOOR REMODEL AND SECOND STORY ADDITION (MICHAEL GINN, APPLICANT AND PROPERTY OWNER; HOLDREN-LIETZKE DESIGN, DESIGNER) (74 NOTICED) PROJECT PLANNER: ERICA STROHMEIER CP Monroe briefly presented the project description. There were no questions of staff. Acting Chair Auran opened the public comment. Michael Ginn, 1517 Cypress Avenue, represented the project. Noted he would answer any questions. Commissioners asked: this is a modest and nice project,did you consider redesigning the garage to better match the house?Are not touching the garage,thought about altering,but did not see any feasible way. Can something be done to the roof of the garage? Considered a pitch roof in a previous plan,but not this one. Like eyebrow window,not concerned about the garage,new garages that cost$45 to 50,000, understand it may not be financially feasible, concerned about the second �. floor plan and that the interior staircase shown may not meet the California Building Code requirements? Have checked the plans with the architect and contractor,not with the Chief Building Official,will do that. 11 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 This project requires no variances,which is notable given the shape of this lot,so it appears that there may be a hardship if you have a need to replace the garage in the future. There were no further comments from the floor. The public comment was closed. C.Bojues mad a motion to place this item on the consent calendar. The motion was seconded by C.Vistica. Comment on motion: would like the interior stair issue resolved before this item returns since it may affect the exterior of the building. Acting Chair Auran called for a voice vote on the motion to place this item on the consent calendar when the interior stair design has been reviewed by the Chief Building Official and,if necessary,revised as directed. The motion passed on a voice vote 6-0-1 (C. Osterling absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:20 p.m. 11. 1353 VANCOUVER AVENUE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A SECOND STORY ADDITION(ERNIE SELANDER,APPLICANT AND ARCHITECT; FRANK SCHAFFER, PROPERTY OWNER) (70 NOTICED) PROJECT PLANNER: ERICA STROHMEIER C.Auran recused himself from this item because he lives within 500 feet of the project. He handed the gavel to C. Brownrigg, Commission secretary, and stepped down from the dais and left the Council chambers. CP Monroe briefly presented the project description. There were no questions of staff. -� Acting Chair Brownrigg opened the public comment. Ernie Selander, architect, 2095 Gerald Street, San Francisco,and Frank Schaffer,property owner,represented the project. They noted that the only reason for the height exception was because of the existing slope on the lot. Commissioners comments: good start,opportunity to develop details;house looks as if it were designed by the floor plan, a lot of second floor for the first floor to carry; existing house has a lot of character which is lost with this addition; 1361 Vancouver house seems much taller on the same block; the following items were noted to be addressed in project revision: ■ west elevation is tough on the neighbors,long and massive,not as nice as the other side;need more articulation and architectural detail; needs relief; ■ second floor balcony needs a"cap" that will make a shadow line; ■ east side needs corbels or something to make it standout, defined mullions on windows also, nice piece; one big window with a lot of stucco expanse,needs relief, architectural details; ■ Second floor should be better integrated or blended into the first floor; ■ Balcony at the front needs to be integrated so that it looks as if it belongs; ■ Height is a problem given site, would prefer higher pitch to absorb second floor and so all of the house is not at the front; keep second floor plate at T-6" if add to height; ■ Is there a way to separate out the sunroom as a distinct room, as used now it makes the front plane asymmetric. There were no further comments from the floor. The public comment was closed. 12 City of Burlingame Planning Commission Unapproved Minutes March 14, 2005 C. Bojues moved to send this item to a design reviewer since there is a lot of work to be done and guidance may make it more efficient. The motion was seconded by C. Vistica. Comment on the motion: the design reviewer can be helpful because he knows the city well; recommend that both the design reviewer and applicant listen to the tapes on this project before they begin. Acting Chair Brownrigg called for a voice vote on the motion to refer this item to a design reviewer. The motion passed on a 5-0-1 (C. Auran abstaining). The Planning Commission's action is advisory and not appealable. This item concluded at 9:30 p.m. C. Auran returned to the chambers and took his seat at the dais. X. PLANNER REPORTS - Review of City Council regular meeting of March 7, 2005. CP Monroe reviewed the actions at the March 7, 2005, council meeting, including the appointment of Jerry Deal to complete the two years of C.Keele's term(ending April 2007); and the appointment of C. Auran and David Cauchi for the two terms commencing on April 7,2005. These two terms would both end in April 2009. - FYI: Direction Regarding Substantial Construction Commission discussed the issue of when design review should be required forprojects which initially do not qualify for design review (generally small first floor additions) but because of termite, dry rot or �. other structural problems which emerge after the building permit is issued,require enough construction to repair that the"substantial construction"definition is triggered. The consensus of the commission was if the footprint of the structure was not changed with the repair, and the exterior was replaced as it was shown on the original building plans or as existed at the time the building permit was issued, design review should not be required. However, if substantial changes to the exterior are proposed such as addition of bay windows,chimneys,change in exterior materials,change in size,number and/or shape of windows, as a part of the repair work, then the project should be brought forward to the Planning Commission for design review as"substantial construction". The Commission noted that one problem with single family houses being remodeled with only a building permit is that the neighbors are not made aware that construction will occur. Issues like drainage which may become a problem with changes on an adjacent property may not be discussed and resolved before construction commences. Commission suggested that it might be useful to explore some kind of notification process for such projects. XI. ADJOURNMENT Chair Osterling adjourned the meeting at 10:05 p.m. Respectfully submitted, Michael Brownrigg, Secretary S:\MINUTES\unapproved.03.14.05.doc 13 CITY OF BURLINGAME BUILDING INSPECTION MONTHLY PERMIT ACTIVITY FEBRUARY, 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 1 $600 , 000 0 $0 . 0 14 $51224 , 767 7 $2 , 879 , 560 81 . 4 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 $21500 , 000 52 . 0 - A1terations-Res 18 $112571800 24 $978 , 206 28 . 6 210 $9 , 715 , 661 218 $ 10 , 520 , 083 7 . 6 - Alterations-NonRes 11 $2 , 684 , 429 3 $32 , 000 288 . 8 66 $8 , 222 , 241 51 $6 , 243 , 250 31 . 7 Demolition 2 $500 3 $0 . 0 30 $37 , 500 41 $1.20 , 800 69 . 0 Swimming Pool 0 $0 1 $30 , 000 100 . 0 - 0 $0 3 $80 , 000 100 . 0 - Sign Permits 1 $4 , 300 3 $5 , 915 27 . 3 - 22 $64 , 532 21 $87 , 865 26 . 6 - Fences 0 $0 0 $0 . 0 0 $0 2 $9 , 500 100 . 0 - Reroofing 10 $127 , 500 8 $65 , 500 94 . 7 179 $2 , 301 , 810 211 $2 , 276 , 308 1 . 1 . Repairs 8 $48 , 510 2 $6 , 100 695 . 2 23 $287 , 704 26 $293 , 850 2 . 1 - Rindow Repl 3 $23 , 900 6 $37 , 017 35 . 4 - 40 $350 , 430 65 $630 , 028 44 . 4 Kiscellaneous 0 $ 0 2 $10 , 000 100 . 0 - 15 $273 , 805 20 $243 , 401 12 . 5 TOTALS . . . . . . 54 $4 , 746 , 939 52 $111641738 307 . 6 600 $27 , 678 , 450 667 $25 , 884 , 645 6 . 9 3 / 01 / 05 8 : 21 : 44 CITY OF BURLINGAME Portfolio Management Portfolio Summary February 28, 2005 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 22,076,952.25 22,076,952.25 22,076,952.25 73.40 1 1 2.680 2.717 Federal Agency Issues-Coupon 8,000,000.00 7,901,350.00 8,000,000.00 26.60 982 652 2.860 2.900 Investments 30,076,952.25 29,978,302.25 30,076,952.25 100.00% 262 174 2.728 2.766 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 63,736.50 523,142.11 Average Daily Balance 30,047,562.19 29,317,360.69 Effective Rate of Return 2.77% 2.68% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types,and availability of some of these funds is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). i 0(AIA 2evl�' J NAV FINANCE DIR./TREASURER Portfolio CITY CP Run Date:03/11/2005•10;56 PM(PRF_PM1)SymRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments February 28, 2005 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAW&County Pool SYS77 77 LOCAL AGENCY INV.FD. 8,104,075.82 8,104,075.82 8,104,075.82 2.368 2.368 1 SYS79 79 S M COUNTY POOL 13,972,876.43 13,972,876.43 13,972,876.43 2.920 2.920 1 Subtotal and Average 22,047,562.19 22,076,952.25 22,076,952.25 22,076,952.25 2.717 1 Federal Agency Issues-Coupon 3133X9QV5 517 FEDERAL HOME LOAN BANK 12/22/2004 1,000,000.00 986,000.00 1,000,000.00 3.500 3.500 843 06/22/2007 3128X16Q5 513 FEDERAL HOME LOAN MORTG.CORP. 11/17/2003 2,000,000.00 1,986,880.00 2,000,000.00 2.300 2.300 261 11/17/2005 3128X2NA9 514 FEDERAL HOME LOAN MORTG.CORP. 01/30/2004 3,000,000.00 2,951,910.00 3,000,000.00 3.000 3.000 700 01/30/2007 3136F5TJ0 515 FANNIE MAE 04/27/2004 1,000,000.00 985,000.00 1,000,000.00 3.100 3.100 787 04/27/2007 3136F6FZ7 516 FANNIE MAE 10/18/2004 1,000,000.00 991,560.00 1,000,000.00 3.000 3.000 961 10/18/2007 Subtotal and Average 8,000,000.00 8,000,000.00 7,901,350.00 8,000,000.00 2.900 652 Total and Average 30,047,562.19 30,076,952.25 29,978,302.25 30,076,952.25 2.766 174 Portfolio CITY Run Date:03/11/2005-10:56 CP 1/ 1/ PM(PRF_PM2)SyrnRept V6.21 ` ,port Ver.5.00 1 CITY OF BURLINGAME Portfolio Management Page 3 Activity By Type February 1, 2005 through February 28, 2005 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS79 79 S M COUNTY POOL 2.920 51,786.79 0.00 Subtotal 22,025,165.46 51,786.79 0.00 22,076,952.25 Federal Agency Issues-Coupon Subtotal 8,000,000.00 8,000,000.00 Total 30,025,165.46 51,786.79 0.00 30,076,952.25 Portfolio CITY CP Run.Date:03/11/2005-10:56 PM(PRF_PM3)SyrnRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 4 Activity Summary February 2004 through February 2005 Yield to Maturity Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity February 2004 4 27,499,689.16 2.557 2.592 2.564 0 0 174 163 March 2004 4 29,579,440.12 2.512 2.547 2.512 0 0 161 146 April 2004 5 31,824,022.87 2.373 2.405 2.318 1 0 184 165 May 2004 5 32,351,524.97 2.412 2.445 2.368 0 0 181 157 June 2004 5 32,705,947.05 2.452 2.486 2.420 0 0 180 150 July 2004 5 31,221,968.21 2.561 2.597 2.553 0 0 188 151 August 2004 5 31,242,288.45 2.603 2.639 2.605 0 0 188 145 September 2004 5 25,250,564.07 2.625 2.662 2.624 0 0 232 172 October 2004 6 28,964,592.72 2.629 2.666 2.618 1 0 240 181 November 2004 6 25,300,063.99 2.661 2.698 2.653 0 0 275 198 December 2004 7 30,433,082.99 2.695 2.732 2.673 1 0 259 188 January 2005 7 30,025,165.46 2.659 2.696 2.622 0 0 262 182 February 2005 7 30,076,952.25 2.728 2.766 2.717 0 0 262 174 Average 5 29,728,869.41 2.574% 2.610% 2.557 0 0 214 167 Portfolio CITY CP Run Date:03/11/20-10:56 PM(PRF PM4)SyrnRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 5 Distribution of Investments By Type February 2004 through February 2005 February March April May June July August September October November December January February Average Security Type 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2004 2005 2005 by Period LAW&County Pool 81.8 83.1 81.2 81.5 81.7 80.8 80.8 76.2 75.8 72.3 73.7 73.4 73.4 78.1% _ _._.._ _ .. .... Certificates of Deposit-Bank __ ........ ............................................_........ ....._......................................... .. ...................... ........................_............................................................. __ ......................... ............ ....... . .. ..... .... ...... ... ..... ..........---- _. ._._...... ........... _.. Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln ..... ......... . ......... ......... ......... Negotiable CD's-Bank ......... ......... _ _ ........... ....................... ... ..... ... .......................................... ........... ................... ............... CORP NOTES _ _ .............. .......... _ Bankers Acceptances _ _ ................ .................. . Commercial Paper-Interest Bearing _.._. _................................................_....................__........................_....................................................................................................... _..... Commercial Paper-Discount Federal Agency Issues-Coupon 18.2 16.9 18.9 18.6 18 4 19.2 19.2 23.8 24.2 27.7 26.3 26.6 26.6 21.9% ..... .._ .... .. ........ __._._ ......... ............. ........ .......... _ .............. Federal Agency Issues-Discount ..............................._.. ........................................................_....................................................................................._.............................._... ......... .. Treasury Securities-Coupon Treasury Securities-Discount ................................................................_................... ....... ._....... ....................... ....... ........._................................... ............ ........................ .................................................._..............................................................._. . . Miscellaneous Securities-Coupon _...................__...................................._......._.......-._......._..........................._._. _..............._....._.............................. ... . Miscellaneous Securities-Discount .... ....... ... ......_............... Non Interest Bearing Investments ................... . ..,,......................... ...........................................,................................................... .. ......... .......... . ......... .... . ..,... ... ........ Mortgage Backed Securities . __............ .. ...._......... ...... ........._...........-_..__...._........................................--.._...-_......._...__....._..................................................._._......_................................................ .......... Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 ............................_ ,............................... . ......................................................-- ._........._...._................................................_ .... ............................................_............................................................................................... ... ....._...-............ . ................ _ Portfolio CITY CP Run Date:03/11/2005-10:56 PM(PRF_PM5)SyrrRept V6.21 Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Interest Earnings Summary February 28, 2005 February 28 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 0.00 128,500.00 Plus Accrued Interest at End of Period 49,508.33 49,508.33 Less Accrued Interest at Beginning of Period ( 30,175.00) ( 48,883.33) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 19,333.33 129,125.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 19,333.33 129,125.00 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.00 453,825.76 Plus Accrued Interest at End of Period 322,651.51 322,651.51 Less Accrued Interest at Beginning of Period ( 278,248.34) ( 382,460.16) Interest Earned during Period 44,403.17 394,017.11 Total Interest Earned during Period 63,736.50 523,142.11 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 63,736.50 523,142.11 Portfolio CITY CP Run Date:03/11/2005.10:56 PM(PRF_PM6)SyrnRept V6.21 / Report Ver.5.00 03BD Portfolio Management Portfolio Summary February 28, 2005 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. No Active Investments 0.00 0.00 0.00 0.00 0 0 0.000 0.000 Investments 0.00 0.00 0.00 100.00% 0 0 0.000 0.000 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 0.00 3,011.38 Average Daily Balance 0.00 Effective Rate of Return 0.00% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months.Total funds invested represent consolidation of some of these funds is res tr' by law(e.g. Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). esus Nava, inance Director/Treasurer Portfolio 038D CP Run Date:03/11/2005-10:57 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 03BD Portfolio Management Page 2 Portfolio Details - Investments February 28, 2005 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts SYS82 82 Local Agency Investment Fund 0.00 0.00 0.00 2.264 2.233 2.264 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0.000 0 Total and Average 0.00 0.00 0.00 0.00 0.000 0.000 1 0 Portfolio 03BD Run Date:03/11/2005-10:57 CP 1! PM(PRF_PM2)SyrnRept V6.21 \ ort Ver.5.00 04BD Portfolio Management Portfolio Summary February 28, 2005 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 16,534,887.61 16,534,887.61 16,534,887.61 100.00 1 1 2.336 2.368 Investments 16,534,887.61 16,534,887.61 16,534,887.61 100.00% 1 1 2.336 2.368 Total Earnings February 28 Month Ending Fiscal Year To Date Current Year 28,936.80 216,031.41 Average Daily Balance 16,634,173.32 16,888,469.73 Effective Rate of Return 2.27% 1.92% J sus Nave, inance Dir.fTreasurer Portfolio 04BD CP Run Dale:03/11/2005-10:58 PM(PRF_PM1)SyrnRept V6.21 Report Ver.5.00 04BD Portfolio Management Page 2 Portfolio Details - Investments February 28, 2005 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date Managed Pool Accounts SYS85 85 Local Agency Investment Fund 16,534,887.61 16,534,887.61 16,534,887.61 2.368 2.368 1 Subtotal and Average 16,634,173.32 16,534,887.61 16,534,887.61 16,534,887.61 2.368 1 Total and Average 16,634,173.32 16,534,887.61 16,534,887.61 16,534,887.61 2.368 1 Portfolio 04BD CP Run Date:03/11/2005-10:58 PM(PRF_PM2)SymRept V6.21 �rt Ver.5.00 RCN" 1400 Fashion Island Blvd.,Suite 100 San Mateo,CA 94404 (650)212-8000 Fax(650)212-8009 February 22, 2005 Jesus Nava, Finance Director City of Burlingame 501 Primrose Road Burlingame, California 94010 Dear Jesus: RCN Telecom Services ("RCN") is very appreciative of the City of Burlingame's ("City") approval of the RCN cable television franchise Amendment and your diligent and timely efforts to facilitate the approval process. We recognize the tremendous demands of your position, and particularly, the amount of time you must give to the City's budget. Nevertheless, you were able to successfully guide the RCN cable television franchise Amendment through the City's process. The approval of the franchise Amendment played an important role in the success of RCN's recent financial restructuring. Through your efforts, the City has created an environment where competition can flourish and the citizens of Burlingame will continue to have a choice for their cable television, high-speed Internet access, and local and long distance telephone services. RCN is proud to provide its services in a City where its officials have the vision to encourage long-term competition and are truly motivated by a desire to act in the best interests of its residents. Thanks again for your thoughtful and forward looking action. Sincerely, d��CY A" — David Hankin Vice President, Regulatory& Government Affairs CO 1 1 1 CG Comcast Cable J l� 12647 Alcosta Boulevard Suite 200 San Ramon,CA 94583 March 8, 2005 Office:925.973.7000 Fax:925.973.7015 www.comcast.com Mr. Jesus Nava Finance Director/Treasurer City of Burlingame 501 Primrose Road Burlingame, CA. 94010 Dear Mr. Nava: It has always been our goal at Comcast Cable to ensure that your office remains informed of the programming services we offer to our customers who reside in your community. In pursuit of achieving that goal, we are sending you this letter. This is Comcast's official notice to your office of our intention to adjust the current programming services offered. Effective March 16, 2005, we will add the KNTV Weather channel to the Limited Basic level of services. The channel will be viewed at channel 186. If you should have any questions or concerns, please feel free to contact Kathi Noe at (650) 289-6794. Sincerely, Mitzi Givens-Russell on behalf of Kathi Noe Director of Government Affairs and Franchising West Bay Peninsula CITY OF BURLINGAME TO: Mayor Galligan and City Council DATE: March 11, 2005 FROM: Jim Nantell, City Manager SUBJECT: RFP for Web Site Redesign As the Council may recall the adopted budget includes funds to manage and improve the current city web site. And before considering any modifications to the current site we decided to solicit some feedback from members of the community. After out reaching to our users through our list of 3000 residents who have registered their e-mail addresses with our City Clerk we held a Web Site Focus group meeting on November 20''. We had 14 members of the community attend the focus group meeting. We have had two follow up meetings with the focus group and as a result of their feedback and after consulting with Joe Marvin,the Web Master for the City of Redwood City who also attended two of the meetings, we have reached the conclusion that spending additional money to improve the current site is not the best use of our funds. The current site is five years old and not very user friendly in terms of staff's ability to add and up date information. At the goal setting session the council received some input from one of the residents involved in the web site focus group. The direction was to defer any decision to add additional funding for web site reconstruction to the Council's June Budget Study Session. In preparation for the Council June Study Session we will proceed with the preparation of a Request For Proposals (RFP) from web site designer consultants. Although we will probably not be able to fully complete the review of responses to our RFP in time for your June 8`h Budget Study Session I would hope to have a much better sense of whether a total reconstruction of the web site will exceed the amount funds normally available in the operating budget by your June 8t'meeting. BURLINGAME The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL-501 PRIMROSE ROAD CORPORATION YARD Tel:(650)558-7230 BURLINGAME,CALIFORNIA 94010-3997 Tel:(650)558-7670 Fax:(650)685-9310 Website:www.burlingame.org, March 11, 2005 Sarah North 351 Laurel Avenue Millbrae, CA 94030 Dear Sarah North: Thank you very much for your letter of concern. You are correct in that the current speed limit for California Drive at Murchison Drive is posted at 35 miles per hour. As per the requirements of the California Vehicle Code and the San Mateo County Traffic Courts, an engineering speed survey was conducted for this portion of the road in April, 2000 to justify that speed limit. The City of Burlingame examined several factors in the establishment of the current speed limit. These factors included: • The 85th percentile speed. • Total roadway width. • Roadway configuration. • Roadway classification (arterial). • Surrounding neighborhood conditions, such as commercial, office, and residential use. • Parking conditions. Your letter also stated that California Drive bends slightly at Murchinson Drive; and that parked vehicles can create sight visibility problems for drivers on California Drive. Please be assured that the City will conduct a field examination to determine whether a reduction in the speed limit is justified based on this information. We will also coordinate with the City of Millbrae to evaluate whether additional traffic and parking measures can be used to address your concerns. The City of Burlingame appreciates any input it receives that can allow us to continue providing a safe and inviting environment for its citizens and the general public that visit our fair city. Again, thank you for your letter. Sinc ely, Au ustine Chou Traffic Engineer c: Honorable Mayor and City Council Jim Nantell, City Manager George Bagdon, Director of Public Works Larry Anderson, City Attorney Jack Van Etten, Chief of Police City of Millbrae S:\A Public Works Directory\Author, By Name\Augustine Chou Letters\California-Murchison Speed Limit.wpd Y 351 Laurel Ave Millbrae CA 94030 January 28, 2005 RECEIVED � Burlingame City Council MAR 10 20Q5 /* CITY CLERK'S OFFICE Dear Mayor Joe Galligan: CITY OF BURLINGAME lft,A— I am writing this letter as a follow up to the letter my father wrote to the Burlingame Police Department regarding the short stretch of road on California drive just before the Millbrae Burlingame line,a few feet south of Murchison. As a citizen of 7 Millbrae and frequent driver between Millbrae and Burlingame, it is important to me to help keep all drivers and pedestrians safe. The speed limit on California Drive is 35 mph, and the area where Murchison and California Drive meet,the road curves to the left,and effectively narrows because cars can park along this stretch. This poses great danger to drivers who could step out between parked cars or in front of drivers who are moving at, and often above,the maximum speed. I propose the speed limit on the sign just south of Murchison be lowered to 25 or 30 mph as to warn drivers to proceed with more caution. Thank you for your attention,and I look forward to your reply. I hope this matter can be fixed in order to protect drivers and pedestrians and preserve safety in the cities of Millbrae and Burlingame. Sincerely, /� DISTR U ION: it ity Council t please responc /�ity Manager City Attorney No Response Required i Dir.Finance Sarah North ��ty Planner t Dic Public Works t . Ei b(uman Resources vc/Police Chief Fire Chief ;_i On Next Agenda Parks&Rec Librarian PLEASE SEND A COPY OF YOUR RESPONSE TO THE CITY CLERK ..... --jr— Yahoo! ..Y"Yahoo! My Yahoo! Mail Search "WHF LOCAL Welcome dancecrazy2468 the Web •o >a..s [Sign Oui, My Account] Maps I Yahoo! Maps - Burlingame, CA « Back to Map Burlingame, CA #�####brae �Irowg lag �b b. 4 Mills Peninsula Hasp&Med ,f Center r 100 m 200 ft \\ H 2084 Yahoo!brc C1 ©2004 NAVTEQ r When using any driving directions or map, it's a good idea to do a reality check and make sure the road stili exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. Copyright O 2005 Yahoo! Inc. All rights reserved. Privacy Polite - Terms of Service - Copyright Policy - Yahoo! Maps Terms of Use - Hem - Ad R http://maps.yahoo.com/pmaps?name=&ed=SJyuPup_QTg9KO4LMc2f nKPoSbWzSYkJR-.. 2/17/2005