HomeMy WebLinkAboutAgenda Packet - CC - 2005.03.07 BURLINGAME CITY COUNCIL AGENDA City of Burlingame
BURLINGAME
Regular Meeting - Monday, March 7, 2005 CITY HALL - 501 PRIMROSE ROAD
Page 1 of 2 BURLINGAME, CALIFORNIA 94010
(650) 558-7200
CLOSED SESSION: 6:30 Conference Room A
a. Conference with Real Property Negotiators pursuant to Councilman Coffey will be attending
Government Code § 54956.8: by teleconference from the Conference
Room at 1001 Park Avenue, South
Lake Tahoe,California
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 Ave
(Microphone check)
1. CALL TO ORDER 7:00 p.m. Council Chambers
Councilman Coffey will be attending
by teleconference from the Conference
2. PLEDGE OF ALLEGIANCE TO THE FLAG Room at 1001 Park Avenue, South
Lake Tahoe,California
3. ROLL CALL
4. MINUTES - Regular Meeting of February 22, 2005 Approve
5. PRESENTATION
a. Proclamation declaring March as Red Cross Month Presentation
b. Burlingame Youth Baseball Association programs update Presentation
6. PUBLIC HEARINGS The mayor may limit speakers to three minutes each.
a. Appeal of the Beautification Commission's decision to Hearing/Action
allow for a tree removal at 1800 Easton Drive
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
a. Consider further amendment to Massage Ordinance Direct Staff
regarding education requirements for massage permits
b. Consider appointment of three Planning Commissioners Appoint
C. Introduction of an Ordinance to establish development fees Introduce
for the El Camino Real North and Rollins Road subareas
of the North Burlingame/Rollins Road Specific Plan
9. CONSENT CALENDAR Approve
a. Resolution awarding Pershing Park playground renovation
project to Scapes, Inc.
BURLINGAME CITY COUNCIL AGENDA City of Burlingame
Regular Meeting- Monday, March 7, 2005 CITY HALL- 501 PRIMROSE ROAD
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Page 2 of 2 BURLINGAME, CALIFORNIA 94010
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(650) 558-7200
b. Resolution awarding permit tracking software acquisition
and implementation to CRW Associates
C. Resolution accepting the BART Landscaping Project on
California Drive north of Dufferin Avenue
d. Approval for 2005 Art& Jazz Festival, August 13 & 14,
2005
e. Approve out-of-state travel for Finance Director
10. COUNCIL COMMITTEE REPORTS
11. OLD BUSINESS
12. NEW BUSINESS
13. ACKNOWLEDGMENTS
a. Commission Minutes: Parks & Recreation&joint Parks &
Recreation/City Council, February 17, 2005; Planning,
February 28, 2005
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 wAw.burl ingame.org. Agendas and minutes are available at this site.
NEXT MEETING—Monday, March 21,2005
CITY O
N 11
BURUNGAME
3
A�Awi[o� u[b
BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of February 22, 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 Syerra Laurusaitis.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Coffey, Galligan, Nagel, O'Mahony
COUNCILMEMBERS ABSENT: None
4. MINUTES
A correction was made to the February 7, 2005 Council minutes: Item 10, line 6, "...from a parent at
Roosevelt School..." Councilwoman O'Mahony made a motion to approve the amended minutes of the
February 7, 2005 Council meeting; seconded by Vice Mayor Baylock, approved unanimously by voice vote,
5-0.
5. PRESENTATIONS
a. PRESENTATION OF PROCLAMATION TO THE AMERICAN HEART ASSOCIATION
Mayor Galligan presented a proclamation to Dr. Ruth Shaber of Kaiser Hospital declaring February 2005 as
Go Red for Women Month. Dr. Shaber spoke on raising awareness of the relationship of women and heart
disease.
b. UPDATE BY PG&E ON THE RELIABILITY DATA FOR 2004
Robert Fredianelli, PG&E's new Director of Operations, Maintenance and Construction, summarized the
final service reliability report. He stated that PG&E's outage telephone number is 1-800-PGE-5002 and that
their website address is www.p eg corn which provides outage coverage.
Councilwoman Nagel requested a follow up by PG&E on 14 outages reported on her website at
www.terrynagel.com that were not included in the PG&E report.
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Burlingame City Council February 22,2005
Unapproved Minutes
9. CONSENT CALENDAR
Council agreed to Mayor Galligan's request to address the Consent Calendar before Public Hearings and
requested public comments from the floor on Consent Calendar Items 9.a. through 9.f.
From the floor, Lara Lighthouse, 87 Loma Vista Drive, regarding Item 9.a., thanked Council for their
consideration of the contribution towards the independent EMF study and spoke on items in Cindy Sage's
report. Katie Carlin, 1740 Lexington Avenue, San Mateo, spoke on Item 9.a. and asked if any meetings will
be held between the City, PG&E and residents. There were no further comments from the floor.
In response to Ms. Carlin's comments, DPW Bagdon advised that PG&E has agreed to hold a public meeting
in March 2005. The meeting date and time will be announced to the public when confirmed.
Councilwoman Nagel requested further comments from Police Chief Van Etten on Item 9.e. Chief Van Etten
summarized several acts of violence that had occurred in Burlingame and other local cities by Tongan
community members, which resulted in meetings with faith-based community leaders and local police
personnel. Several outreach programs evolved from the meetings, which includes a plan to send local police
officers to Tonga to experience Tongan culture, mores and lifestyle. The officers will return to begin cultural
sensitivity training for local law enforcement personnel. Donated funds are expected to cover travel costs.
a. AUTHORIZE CONTRIBUTION TO COMPLETE STUDY OF EMF EXPOSURE LIMITS
FROM JEFFERSON-MARTIN TRANSMISSION LINE ALONG SKYLINE BOULEVARD
IN BURLINGAME
CA Anderson requested Council authorize a contribution of up to $500 to complete the study of EMF
exposure limits from Jefferson-Martin Transmission Line along Skyline Boulevard in Burlingame.
b. APPLICATION TO C/CAG FOR TRANSIT ORIENTED DEVELOPMENT HOUSING
INCENTIVE PROGRAM
CP Monroe requested Council adopt Resolution No. 13-2005 authorizing staff to submit an application for
transportation grant funding under the Transit Oriented Development Housing Incentive Program.
C. RESOLUTION NO. 14-2005 AWARDING THE 2005 SIDEWALK MAINTENANCE
PROGRAM TO SPENCON CONSTRUCTION, INC.
DPW Bagdon requested Council adopt Resolution No. 14-2005 awarding the contract for the 2005 Sidewalk
Maintenance Program to Spencon Construction, Inc.
d. RESOLUTION NO. 15-2005 ACCEPTING THE ALMER BELLEVUE STORM DRAIN
IMPROVEMENT PROJECT TO HARTY PIPELINES CONSTRUCTION
DPW Bagdon requested Council adopt Resolution No. 15-2005 accepting the Almer Bellevue Storm Drain
Improvement by Harty Pipelines Construction, Inc.
2
Burlingame City Council February 22,2005
Unapproved Minutes
e. REQUEST TO SEND A BURLINGAME POLICE OFFICER TO TONGA FOR CULTURAL
AWARENESS AND SENSITIVITY TRAINING
Police Chief Van Etten requested Council approve allowing a Burlingame police officer to accompany a San
Bruno police officer to Tonga for cultural awareness and sensitivity training.
L WARRANTS AND PAYROLL
FinDir Nava requested approval for payment of Warrants 499438-10020 duly audited, in the amount of
$2,454,416.67 (excluding library checks 99537-99564), Payroll checks 4161061-161369 in the amount of
$2,385,158.62 for the month of January 2005.
Vice Mayor Baylock made a motion to approve the Consent Calendar; seconded by Councilwoman
O'Mahony, approved unanimously by voice vote, 5-0.
6. PUBLIC HEARINGS
a. ADOPT ORDINANCE NO. 1750 AMENDING CHAPTER 6.40 TO CLARIFY
REGULATIONS GOVERNING MASSAGE, SPA, AND BATHING ESTABLISHMENTS
CA Anderson requested Council hold a public hearing and adopt Ordinance No. 1750 amending Chapter
6.40 to clarify regulations governing massage, spa, and bathing establishments.
Mayor Galligan opened the public hearing. Carla Bagneschi, 1127 Capuchino Avenue, stated that the
existing 70-hour minimum for training is too low. However, to increase it to 500 hours would require
potential applicants to add a year and thousands of dollars for training. She recommended 200 hours of
training. There were no further comments from the floor, and the hearing was closed.
Council discussion followed on the required number of training hours. CA Anderson requested Council
adopt Ordinance No. 1750 and agreed to report back in two weeks with further suggestions on the
appropriate number of required training hours.
Vice Mayor Baylock made a motion to approve Ordinance No. 1750 amending Chapter 6.40 to more clearly
regulate massage, spa, and bathing establishments, and for staff to report back on education requirements in
two weeks; seconded by Councilman Coffey, approved by voice vote, 5-0.
Mayor Galligan requested CC Mortensen to publish a summary of the ordinance at least 15 days after
adoption.
b. CONSIDER RENEWAL OF AMUSEMENT PERMIT—FANNY & ALEXANDER, 1108
BURLINGAME AVENUE AND 303-305 CALIFORNIA DRIVE
CA Anderson requested Council review the Amusement Permit for Fanny and Alexander, which had been
continued from the January 18, 2005 Council meeting so that the Police Department could meet with the
owners to discuss improvements to security. The Police Department has since added four suggested
conditions to the amusement permit, to which the owners have agreed. The Police Department is optimistic
about the effectiveness of monthly meetings with the owners to address policing issues and problems.
3
Burlingame City Council February 22,2005
Unapproved Minutes
Mayor Galligan opened the public hearing. Dom Malaise, 303 California Drive, as part owner of Fanny &
Alexander stated that they have taken steps to resolve past problems and will continue to work with the
Police Department. John Root, 1550 Bayshore Blvd., spoke on Fanny & Alexander not being able to solve
their problems without police involvement. There were no further comments, and the hearing was closed.
Vice Mayor Baylock stated that since her election in 2001, this is the sixth time that this issue has come
before her; and she continues to hear that Fanny& Alexander is a problem on Burlingame Avenue and will
not support renewal of the amusement permit.
Councilwoman O'Mahony made a motion to approve renewal of the Amusement Permit and the added
conditions for Fanny & Alexander until the review for renewal in June 2005; seconded by Councilman
Coffey, approved by voice vote, 3-2 (Baylock and Galligan dissented).
7. PUBLIC COMMENTS
Carla Bagneschi, 1127 Capuchino Avenue, stated she believes that the City of San Mateo has a 200-hour
minimum on required training hours for massage practitioners. Katie O'Brien, 2204 Poppy Drive, spoke on
PG&E service problems on Hale and Poppy Drives. Charles Voltz, 725 Vernon Way, spoke on mis-
statements that occurred in the press recently about the Citizens for a Better Burlingame. John Root, 1550
Bayshore Blvd., spoke on public comments made at the February 7, 2005 Council meeting. There were no
further comments from the floor.
8. STAFF REPORTS
a. 2005-06 BUDGET DIRECTION AND COUNCIL GOALS
CM Nantell requested Council review and confirm the Budget Direction and Council Goals for inclusion in
the Fiscal Year 2005-06 Proposed Budget. Council requested the following changes: under Budget Direction,
the fourth bulleted item should be "PERS" funds; items 9 and 10 removed from Council Goals; and item 11
should stress implementing ways to increase citizen subscriptions to the City's list serve. Council concurred
with the amended 2005-06 Budget Direction and Council Goals.
10. COUNCIL COMMITTEE REPORTS
Council reported on various events and committee meetings each of them attended on behalf of the City.
11. OLD BUSINESS
There was no old business.
12. NEW BUSINESS
There was no new business.
13. ACKNOWLEDGMENTS
a. Commission Minutes: Library, January 11, 2005; Beautification, February 3, 2005; Planning, February
14, 2005
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Burlingame City Council February 22, 2005
Unapproved Minutes
b. Department Reports: Finance, January 2005
c. Letter from Burlingame School District denying the City of Burlingame's request for contribution for
expenses associated with the Jefferson-Martin Transmission Line issue
14. ADJOURNMENT
Mayor Galligan adjourned the meeting at 8:36 p.m. in memory of Albert DeRanieri.
Respectfully submitted,
Doris J. Mortensen
City Clerk
5
Burlingame City Council February 22, 2005
Unapproved Minutes
ME eURLINGAME STAFF REPORT
AGENDA 5b
ITEM#
MTG. 3/7/05
DATE
TO: HONORABLE MAYOR AND CITY COUNCIL sus TED
DATE: March 7,2005
APPRO
FROM: Parks& Recreation Director (558-7307) BY
SUBJECT: BURLINGAME YOUTH BASEBALL ASSOC ON UPDATE
RECOMMENDATION: It is recommended that Council receive the report from Burlingame
Youth Baseball Association President,Hank Sauer, on the 2004 season, improvements to
Bayside Park and plans for the 2005 season.
BACKGROUND:
The Burlingame Youth Baseball Association(BYBA)was formed 14 years ago and has over 550
boys and girls participating in the program. In 2004, nearly 500 league games were played in the
6 to 18 year old divisions, in addition to the tournaments and summer league teams.
BYBA has been a wonderful community partner over the years. In addition to providing a
healthy,positive program for our youth,BYBA has provided several facility improvements that
have been enjoyed by the High School teams, City programs and BYBA. These improvements
include the batting cage, scoreboard and bullpens at Washington Park; and a batting cage and
storage shed at Bayside Park that will be shared by the League and the City.
BUDGET IMPACT:
None
ATTACHMENTS:
None
STAFF REPORT
BURLINGAME
AGENDA 6a
ITEM#
MTG. 3/7/05
DATE
TO: HONORABLE MAYOR AND CITY COUNCIL SUBXXTED
BY
DATE: March 7, 2005 ,
APPRO
FROM: Parks & Recreation Director (558-7307) BY
sUB.rECT: APPEAL OF THE BEAUTIFICATION COMM ION'S DECISION
TO ALLOW FOR A TREE REMOVAL AT 1800 EASTON DRIVE
RECOMMENDATION: It is recommended that Council hold an appeal hearing regarding the
decision of the Beautification Commission to allow the Eucalyptus Tree located at 1800 Easton
Drive to be removed and replaced.
BACKGROUND:
Public Works applied to have the Eucalyptus tree located at 1800 Easton Drive removed because
of its disruption to the roadway and sidewalk, driver safety issues and flooding problems. The
City hired Mayne Tree Company to assess the health of the tree. The report, which included drill
testing as well as non-invasive evaluations, indicated the tree to be in good health (see attached).
In attempting to resolve the street disruption and flooding issues, City staff examined a wide
variety of options, including:
1. Cutting or trimming the main root
2. Paving over the root to smooth out the roadway
3. Rerouting the street
4. Turning Easton Drive into a one-way street
Public Works staff will be at the Council meeting to discuss each of the options.
The Beautification Commission examined the information presented by Public Works and
discussed the options in-depth before voting 5-1 to allow for the removal of the tree. The
Library Board also reviewed the information and options at their February 16th meeting and
voted 4-1 to support the decision of the Beautification Commission.
Following a letter from Susie and Sam Lahey, 1719 Easton Dr., to appeal the Beautification
Commission's decision, Council member Baylock called the item up to Council. In their letter,
the Lahey's said ". . . the uniqueness of the trees and the history of this street is what makes it
such a special place to live." The Lahey's have been invited to the Council meeting.
At the Council's Budget/Goal study session on January 29, 2005, the Council asked the
Beautification Commission to develop a long-term strategy for the reforestation of the trees on
Easton Drive. This plan would include selection of tree species that would be used as eventual
replacement trees for the street. If the tree at 1800 Easton is removed, it would be replaced as
part of this reforestation plan.
BUDGET IMPACT:
The cost of the tree removal is anticipated to be approximately $8,000 and would be paid for by
the City's sewer enterprise fund.
ATTACHMENTS:
Letter from Public Works Assistant Superintendent Falzon to City Arborist Porter dated
March 18, 2004
Arborist Report dated December 10, 2004 —Mayne Tree Expert Company
Letter from Parks & Recreation Director Schwartz to Public Works Assistant
Superintendent Falzon dated January 3, 2005
Minutes of the February 3, 2005 Beautification Commission Meeting
Letter from Parks Superintendent Richmond to Public Works Assistant Superintendent
Falzon dated February 7, 2005
Letter dated February 11, 2005 from Sam and Susie Lahey, 1719 Easton Drive
Letter from the Library Board dated February 16, 2005
BURLINGAME
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C` 4t City of uxltxr n��
CITY HALL-(650)558-7230 CORPORATION YARD-(650)558-7670
PUBLIC WORKS-501 PRIMROSE ROAD 1361 NORTH CARCLAN AVENUE
BURLINGAME,CALIFORNIA 94010-3997 BURLINGAME,CALIFORNIA 94010-2401
March 18,2004
Parks&Recreation
Attn: Steve Porter-City Arborist
850 Burlingame Avenue
Burlingame, CA. 94010 RE: Eucalyptus Tree Hazard
Dear Steve,
The purpose of this letter is to request the removal of the large eucalyptus tree at 1800 Easton Drive. The
tree is a grand spectacle to behold however; it is protruding several feet into the street and poses a severe
traffic hazard. It is not only a traffic hazard but is causing major damage to the roadway, curb and gutter,
sidewalk, and to the sanitary sewer.
The Street Division has been trying to keep up with the repairs to the street pavement, sidewalk and curb
and gutter. It has reached a point that we cannot make anymore repairs to the street pavement and curb
and gutter without cutting some of the very large roots. Cutting the huge amount of roots necessary, in
this case,would no doubt compromise the integrity of the tree and affect its ability to stand or survive the
cutting. Not only could cars hit the tree but cars that swerve to avoid hitting the tree put themselves into
the path of oncoming traffic and increase the potential for a head-on collision. A portion of the curb and
gutter is missing and near the trunk of the tree the gutter is raised. During rain storms the tree blocks the
normal path of surface drainage and causes a river of water cascading across the street creating another
hazardous driving condition.
We have replaced some of the damaged sidewalks two years ago and installed a handicap ramp. We have
already noticed some minor offsets in the sidewalk and it will not be long before the sidewalk is damaged
enough to require further repairs because of these roots. The sanitary sewer is a constant nightmare to
maintain due to the root growth in the lines. The root growth inside the sewers creates blockages and
sewer backups. The City has incurred significant costs to clean homes and repair property damage from
these backups.
Attached are some photos showing the present condition of the tree and the hazards that it has created.
Please consider the above comments in your decision to remove the tree. We will anxiously await your
recommendation. If you have any questions please do not hesitate to call me at: (650)558-7679.
Cordially,
Vincent Falzon
Assistant Superintendent Street& Sewer
c: Public Works Superintendent, City Engineer, Street and Sewer Supervisors, Parks Superintendent.
Eucalyptus Tree at 1800 Easton Drive.
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Raised pavement by tree roots Roadway raised by tree roots causing
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Raised gutter causing the water to cascade Missing pavement due to root growth.
across the street
Mayne Tree Expert Company, Inc.
ESTABLISHED 1931 STATE CONTRACTOR"S LICENSE NO.276793
GRADUATE FORESTER CERTIFIED ARBORISTS PEST CONTROL ADVISORS AND OPERATORS
RICHARD L.HUNTINGTON 535 BRAGATO ROAD,STE.A
PRESIDENT December 10,2004 SAN CARLOS,CA 94070-6228
KEVIN R KIELTY TELEPHONE. (650)593-4400
OPERATIONS MANAGER FACSIMILE: (650)593-4443
Mr.Steve Porter EMAIL: info@maynetree.com
Parks and Recreation Dept.
City of Burlingame
850 Burlingame Avenue
Burlingame,CA 94010
Re: Eucalyptus tree on Easton Avenue:
Dear Mr. Porter:
On Wednesday,December 7,2004, and again on Friday,December 9,I visited the above
site. The purpose of my visit was to inspect and comment on the root crown of the very
large eucalyptus tree, No. 37. This tree protrudes into the street and its stability is of
great concern.
Method:
The root crown was excavated by a depth of 4—6 inches to expose the root flares to below
original grade. A mallet was used to tap the trunk and root crown as an audio test to
detect cavities. A half-round chisel and a scraper were used to inspect the root crown.A
cordless drill and a 1/8 inch by 11 inch drill bit were employed to drill into the root crown
to help detect rot in the lower trunk and root crown.
Observations:
This large eucalyptus has a well defined root flare. Some surface fungus was detected in a
location within the root flare. The fungus was only in the outer bark and is considered
superficial. Smaller roots in one location were decayed. This decay is possibly from past
mechanical damage as no crown rot was observed on these roots. A mallet test to detect
hollows (cavities)in the tree resulted in no findings. The drill test revealed very sound
and hard wood throughout most of the root crown and trunk. Some decay was possibly
detected in locations on the lower trunk.
San Carlos/Porter/Easton Ave. 12-10-04
Summary:
This large eucalyptus has a well defined and exposed root crown. Small amounts of
decay have been noticed in the lower trunk and root flare of this tree. The tree is in
generally good health and has been well maintained.
Constant proper maintenance should keep this tree healthy for years to come. However,
roots deeper in the root crown have not been inspected and their depth makes this
inspection improbable. Drills and resi.stographs only measure for decay where the tree
has been drilled. This means other areas in the root zone can be infected.
Recommendations:
Continue to diligently maintain the trees on this street. Inspect the root crowns of any
suspect trees.
Priority for root crown inspection:
• Where fruiting bodies of fungus are visible.
• Where there are open scars and wounding on root zones.
• Any tree which is leaning or out of balance.
• If poor foliar growth is present(possibly resulting from root issues).
A resistograph type measurement on root crowns may be advised due to the superior
documentation associated with this tool.
I believe this report is accurate and based on sound arboricultural principles and
practices.
Sincerely,
SOVETY or
VA
Kevin R.Kielty
Certified Arborist WE #0476
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City of Burlingame
BURLINGAME Parks Recreation Department
850 Burlingame Avenue, Burlingame, California 94010-2899 yN
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Parks Division Telephone (650) 558-7330
Fax: (650) 696-7216 * Email: parks@,burlingame.org
January 3,2005
Vincent Falzon
Assistant Superintendent Street& Sewer
501 Primrose Road
Burlingame, CA 94010
RE:Eucalyptus Tree Hazard at 1800 Easton Drive
We are in receipt of your letter requesting the removal of the City's Eucalyptus tree at the above address. Based on
information submitted by Kevin Kielty(Certified Arborist)of Mayne Tree Expert Company,Inc.dated December 10,
2004,the request to remove the Eucalyptus tree has been denied.
Mr.Kielty's Summary contained within the report indicates:
This large Eucalyptus has a well defined and exposed root crown. Small amounts of decay
have been noticed on the lower trunk and rootflare of this tree. The tree is in generally good
health and has been well maintained.
Constantproper maintenance should keep this tree healthy for years to come.However,roots
deeper in the root crown have not been inspected and their depth makes this inspection
improbable. Drills and resistographs only measure for decay where the tree has been drilled.
This means other areas in the root zone can be infected.
A resistograph type measurement on root crowns may be advised due to the superior
documentation associated with this tool.
Anyone may review a complete copy of this report on file at the Burlingame Parks &Recreation Department, 850
Burlingame Avenue.
Per your request,this decision will be forwarded to the Burlingame Beautification Commission for further review and
consideration at their February 3rd,2005 Commission meeting.The Commission meets at 5:30 p.m.in Conference Room
"A" at Citv Hall should you wish to address the Commission at that time.
If you have any questions,please feel free to contact me at(650) 558-7330.
Sincerely,
Randy Schwartz
Director of Parks&Recreation
CC: Beautification Commission, Public Works Superintendent, City Engineer,Parks Superintendent, City Arborist
Residents within 300'radius: 1712, 1715, 1718, & 1719 Easton Dr.; 1804, 1805, 1808, & 1809 Easton Dr.;
1285 & 1309 Cabrillo Avenue
BURLINGAME BEAUTIFICATION COMMISSION
February 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 Carney, Grandcolas, Lauder, McQuaide, O'Connor,
Absent: Commissioner Webb
Staff: Parks & Recreation Director Schwartz, Parks Superintendent Richmond, Supervisor Disco,
Secretary Harvey
Guests: Phil Scott (PW Superintendent), Vince Falzon (Asst. Street and Sewer Superintendent), Jo
Ellen Ellis
MINUTES
The minutes of the January 6,2005 Beautification Commission meeting were approved as submitted.
CORRESPONDENCE
Copy of Internet Research on Tree Ordinances (with regard to views [submitted by Commissioner
McQuaide]), that summarizes problems with the lack of enforcement and inequalities of complaints.
Notes from Beautification Commission files regarding the Commission's consideration of establishing a
View Ordinance in 1979. (Submitted by Commissioner McQuaide.)
FROM THE FLOOR-
There were no comments from the floor.
Chairperson Hesselgren changed the order of the Agenda to accommodate the appellants requesting the
removal of the Eucalyptus tree at 1800 Easton Drive.
NEW BUSINESS
Request for Removal of a City-owned Eucalyptus Tree at 1800 Easton Drive — Superintendent
Richmond stated that for several years City Arborist Porter has been reviewing this particular Eucalyptus
tree with the Public Works Department. Arborist Porter observed the large buttress root when it was
exposed and determined that severing the root to accomplish a flatter street grade would be inadvisable,
that the root was too significant and could end up destablizing the tree.
Superintendent Richmond reported that an Independent Arborist had evaluated the Monterey Cypress and
Eucalyptus trees lining Easton Drive. A boring(drilling)method and a mallet were used on this particular
Eucalyptus to detect rot. Based on the procedures used, the report indicated that the tree appears to be
healthy. The report stated that further testing with a Resistograph on the root crown might be advisable
because Resistographs more accurately measure the presence of decay. Superintendent Richmond
concluded that the health of the tree is not in dispute, but repairs to the roadside, the clay sewer main, and
traffic safety are at issue.
The Commission discussed the tree's health and suggestions such as re-routing of the roadside, adding
road signage, lowering the speed limit, and making Easton Drive a one-way street.
Following the discussion, Chairperson Hesselgren recognized Superintendent Scott and Asst.
Superintendent Falzon. Supt. Scott thanked the Commission for scheduling the hearing. Asst.
Superintendent Falzon stated over the years, street repair near this tree has been a challenge and that the
tree causes traffic hazards because the buttress root extends so far into the road and doesn't allow for
traffic to safely pass.
Request for Removal of a City-owned Eucalyptus Tree at 1800 Easton—(Contd.)
Supt. Scott showed a Power Point presentation showing street damage, root growth, drainage problems,
sewer damage, grade issues, and vehicular and traffic hazards. Alternatives to removal that have been
considered are: trimming the roots, covering the roots with more asphalt, re-aligning the street, and
making the street one-way travel. Supt. Scott stated that the City Arborist believes trimming or shaving
the buttress root could cause the tree to be unstable and covering the root with more asphalt could damage
the root system. Supt. Scott added that covering the root with more asphalt would also make the hump
even higher. Re-aligning the street would not only mean other trees would need removing, but is cost
prohibitive (up to $100k). Re-alignment of the street would affect all 4 corners and would also require
removal and construction of various new sections of curb, gutter, and roadway, as well as utility pole
relocation. Supt. Scott concluded that making the street one-way travel is not feasible in residential areas
because it pushes traffic onto smaller streets. It would confuse the driving public, is costly, would make
library access difficult, and Easton Drive is the only street that provides direct access for residents in the
Canyon Road area.
Following the presentation the Commission discussed the various issues. Commissioner Grandcolas
asked if the tree was mature and had it stopped growing. Superintendent Richmond stated that the tree is
mature in top growth but would assume that the root would continue to grow. Commissioner McQuaide
stated that other cities have one way streets or use less costly alternatives such as signage (Caution Tree
Cross/Caution Slow), and that the sewer could be moved to the other side of the street. Commissioner
Grandcolas stated that he slows down when approaching the area, that if accidents were occurring or
residents were complaining he would be more inclined to consider removal as a solution but both cases
are absent. He added that these trees are part of the character and charm of a Tree City USA.
Commissioner Carney stated that it is a traffic hazard for cars coming in opposite directions, particularly
if you are not totally aware. She added when it rains, the roadside puddles up making it more difficult to
see the hump. Commissioner O'Connor stated she frequents the area; accessibility is an issue and has
been for many years. Chairperson Hesselgren commented that she is torn, having all the Eucalyptus trees
removed on Easton Drive would change the whole character of the neighborhood, however, this particular
tree is presenting substantial liabilities and danger. The tree is causing damage to curbs, sidewalk,
drainage; an 8' root extending into the street causing a grade recline of 2', and if left to remain,will end up
causing ongoing future costs and liabilities to the City. Commissioner Lauder responded that she agreed
with Chairperson Hesselgren, that this tree is causing significant liabilities to the City. She stated that
removal of this tree would not take away from the purpose and intent of the Urban Reforestation and Tree
Protection ordinance but if removal is granted, she would like it to be replaced with a fast growing tree . .
. that it should be a"grand tree". Director Schwartz informed the Commissioners that the City Council, at
it's January 29b budget and goal study session, agreed to ask the Beautification Commission to develop a
long range reforestation plan for the Eucalyptus trees on Easton Drive. He stated that any decision made
regarding this tree or a possible replacement, should be made in consideration of the long term plan.
Following the discussion, Commissioner Lauder moved to uphold the appeal and grant removal of the
City-owned Eucalyptus tree at 1800 Easton Drive due to safety hazards, damage to the sewer main,
drainage problems, traffic flow problems, and accessibility issues But with the recommendation, that
the tree be replaced with a sizeable specie to be determined by the Commission at a future meeting,
seconded, Carney. Motion carried 5—1 (McQuaide)—1 absent(Webb).
OLD BUSINESS-
Tree View Ordinance— Commissioner Grandcolas stated the draft for a policy has yet to be developed
by the Committee, but that Commissioners McQuaide and Lauder would present what they had
researched on their own.
Superintendent Richmond stated that City Planner Monroe has agreed to come to the March Commission
meeting to discuss what the Planning Department considers with regard to views for new construction.
r� CITY c� CITY OF BURLINVL1ME
suFJLING ME PARKS & RECREATI®N DEPARTMENT
850 Burlingame Avenue, Burlingame,California 94010-2899
k�D 90 Telephone (650) 558-7300 • Parks/Trees(650)558-7330
'>PORRTED Fax (650) 696-7216 • E-mail: recreation@burlingame.org
February 7, 2005
Vincent Falzon
Assistant Superintendent Street & Sewer
501 Primrose Road
Burlingame, CA 94010
RE: APPEAL OF THE DENIAL TO REMOVE THE CITY OWNED EUCALYPTUS TREE
@ 1800 EASTON DRIVE - BURLINGAME
At its meeting of February 3, 2005, the Beautification Commission voted 5 - 1 -1 (absent) to uphold
the appeal of the denial to remove the City owned Eucalptus tree at the above address. The decision
was based on the findings that the tree creates accessibility and safety hazards to pedestrians and
vehicular traffic flow, has damaged the sewer main, and affects drainage in the area.
Anyone may appeal the Commission's decision to the City Council in writing by February 18th. Such
letters of appeal must be accompanied with a$250 fee (made payable to the City of Burlingame) and
delivered to the Parks & Recreation Department, 850 Burlingame Avenue, Burlingame, CA, 94010.
If no appeal has been received by that date, the tree will be scheduled for removal. At a later date, the
Burlingame Beautification Conunission will be making recommendation for a replacement tree.
If you have any questions regarding this matter, you may call the Parks Division at (650) 558-7330.
Sincerely,
Tim Richmond
Parks Superintendent
TR/kh
CC: Beautification Commission, Public Works Superintendent, City Engineer, City Arborist,
Parks Supervisor, Director of Parks &Recreation, Director of Public Works
Residents within 300' radius: 1712, 1715, 1718, & 1719 Easton Dr.; 1804, 1805, 1808, & 1809
Easton Dr.; 1285 & 1309 Cabrillo Avenue
Sariver saji:;�!,Za ey RECEIVED
1719 FEB 14 2005
"t&, car 94010
OFFICE
CITY OF BURLINGAME
City of Burlingame
Barks & Recreation Department
850 Burlingame Ave.
Burlingame, CA 94010
RE: Appeal of the removal of Eucalyptus Tree, 1800 Easton Dr.
This letter is to formally appeal the removal the Eucalyptus Tree at 1800 Easton Drive,
Burlingame.
Our family has lived on this corner for over 55 years. We believe it is the uniqueness of the trees
and the history of this street is what makes it such a special place to live.
It is understandable that trees and under street pipes have a difficult time co-existing. The
demands of modern living and the trees that never caused a problem in past, now can place
engineering difficulties on renovation projects.
A solution should be found to both preserve the integrity of the trees as well as underground
utilities. Cutting a healthy (as stated by the independent arborist) 100 year old tree, can only be
the beginning of the demise of every tree on Easton, which remains a beautiful and historic
avenue to Burlingame's past.
It seems a shame after the long and well thought out restoration of the Easton Branch Library
that the same consideration can not be given to an older and more majestic monument to
Burlingame's rich history.
Saving this tree would reflect the pride we have in our wonderful community.
Sincerely
4einF
Dillo
nLahey m Lahey
The Dillon Family
Resident
650-342-4302
attachement
2/11/2005
Email sent to Burlingame City Council
My name is Susie Dillon Lahey and I live at 1719 Easton Dr., with my husband, Sam and two
small children. We are'kitty corner'to the tree. My whole family is shocked and saddened that
this tree will be removed. Our family has lived on this corner for over 55 years. We believe it is
the uniqueness of the trees and the history of this street is what makes it such a special place to
live.
During our many years here on Easton we have lots of stories to tell...and not surprisingly,
everyone has a story of a speeding car whizzing by ...Unfortunately people speed on this
street and do not stop completely at the stop signs on the corner of Easton and Cabrillo. This
beautiful, strong tree acts as a natural speed deterrent.
I would like respond to a few of the comments I've seen from the various daily papers...
"...roots make a hump in the road..." -thank goodness, it slows people down. Is it too bumpy?
Sure...how about paving it over smooth, painting some lines on it and putting up a 'Caution Bump'
sign??There are many other cities that have installed natural barriers to neighborhoods to deter
speeding (round about, trees, planting areas) at great expense...we should utilize this tree to
benefit safety.
":..-makesdriving-unsafe-and hard for pedestrians-and the-elderly to get-to the-library..."-Again the -
tree does not make driving unsafe...dis-courteous drivers who speed make driving unsafe. The
cross walk is very clearly ahead of the tree...there is a lovely path way just built during the
remodel that makes it accessible for all. Again, this tree acts as a natural barrier, if anything, it
would shield children and elderly from a speeding, out of control car.
"...makes it hard to make a right hand turn from Cabrillo on to Easton..."the road does narrow
there, and during a busy time of day (OLA school drop off and pick up) it can get a little crazy
there...however, there are many places through out town that have the same difficult
situation...for instance, turning right from Chula Vista on to Carmelita during the afternoon when
cars can park on both sides of the street...you must wait for an opening or hope someone is not
speeding down the road... How about a no right turn sign during certain hours or a drive safely
sign??
"...bark falls down during a storm..." Bark, leaves and acorns do fall from TREES during severe
wind storms...In all these years I've never heard a story of someone getting hurt from
bark...cutting this particular tree will not cut down on natural debris during a storm.
"...concerned some of the old trees could come down on a house..."THANKS to the wonderful
tree trimming protocol the City of Burlingame has enacted, these trees are strong and sturdy.
During the last severe storms we had, we looked long and hard at ALL the trees around our
home...they are all safe, as stated by the independent arborist.
Burlingame's attitude towards its rich history, beautiful trees, and citizens who take pride in their
homes and neighbors, is why our entire family has worked very hard all these years, to preserve
2/11/2005 10:24 AIM
this'little slice of heaven'for our future generations...We will feel a great loss if this tree, that we
look at so many times each day its hard to count...not to mention the many birds who nest high
up in these trees...is gone.
Please help me to block the removal of this tree, and to come up with other alternatives to the
concerns mentioned.
Sincerely,
Susie Dillon Lahey, Sam Lahey
The Dillon Family
Resident
650-342-4302
2/11/2005 1024 AM
BURLINGAME PUBLIC LIBRARY
February 16, 2005
Honorable Mayor Galligan and City Council
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
Dear Mayor G alligan:
RE: Removal of the Tree at the Corner of Easton Drive and Cabrillo Avenue
The Library Board of Trustees reviewed the matter of removal of the tree on Easton
Drive at their meeting of February 15, 2005. We support the decision (4 yes and 1
abstention) of the Beautification Commission to remove this particular tree.
There were a number of issues that were of concern: safety of pedestrians, safety of
vehicle drivers, concern for falling limbs on homes or the library itself.
In addition, it is difficult to turn left from Cabrillo onto Easton safely because of the
location of the tree. This tree narrows the Easton arterial considerably. We understand
that the Beautification"Commission looked at: a)removal of the root in the street, which
would likely shorten the life of the tree; b) re-routing traffic off Easton onto the side
streets, which would route traffic onto streets not designed to carry this traffic; c)make
Easton one-way, which would again route traffic onto side streets, no longer making
Easton the important arterial street it is.
Randy Schwartz, Park and Recreation Director, spoke to the Trustees about the need to
manage the-urban forest and not have all trees end their life at the same time. In keeping
with this long range strategy, we support the removal of the tree and the planting of new
tree species. We understand that this will likely need to be done in other parts of the city
so that trees that come to the end of their lives are not removed all at once, completely
changing the urban forest environment.
The Board will be available for comments at your March 7th meeting, should you wish
further comments.
Thank you for the opportunity to provide input on this important decision.
480 Primrose Road•Burlingame•CA 94010-4083
Phone (650) 558-7474-Fax(650) 342-6295
Lry
y,
n
President, Library Boar of Trustees
David Carr, Secretary
Carol Rossi, Trustee
Patricia Toft, Trustee
Street damage
The Easton Eucalyptus �„���r ,
(qaa�
At Cabrillo p ''
in front of the "
Easton Branch p "'
Library
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Root growth Drainage problems
Drainage problems Wash out
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Hydroplaning Sewer damage
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Sewer damage Two foot high and rising
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Over 8 feet into street Bottom out hazard
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Be careful !
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This situation creates a potentlall
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Hang on ! Alternatives to removing tree
• Trim the roots
Cover the P
roots with more asphalt
rwYRw'
• Re-align the street
, r I M 1��I� +�,;; • Make the street one-way travel
PC
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Trim the roots Cover the roots
• City Arborist believes that this will • Arborist believes that this would
cause the tree to be unstable. damage the root system
• This will cause damage to the • Not a permanent solution
buttress root. • Would make the hump even higher
w
Re-align the street Make the street one-way travel
• Other trees would need to be removed that Easton is the only street that provides
are in the way of needed alignment direct access for residents in the Canyon
Road area. This would transfer 50% of all
• Cost of improvements could exceed $100 k traffic onto nearby narrow residential
streets.
• Re-alignment of the street would require Requires costly street improvements
removal and construction of curb, gutter and adjacent to tree in addition to painting and
roadway on all for corners as well as utility signage costs
pole relocation
• Library access would be more difficult
4
CITY AGENDA 8a
°� ITEM#
BIJRLJNGAME STAFF REPORT
MTG.
o+ DATE /2005
$Na VNE 6`90
7
TO: Honorable Mayor and Council SUBMITTED
BY
DATE: February 28, 2005 APPROVE11) :41"�,
BY
FROM: Larry E. Anderson, City Attorney
SUBJECT:
CONSIDER FURTHER AMENDMENT TO MASSAGE ORDINANCE REGARDING
EDUCATION REQUIREMENTS FOR MASSAGE PERMITS
RECOMMENDATION:
Discuss education requirements for massage practitioners and direct staff on any amendments to be made to
current ordinance.
DISCUSSION:
At the February 22, 2005, Council meeting, the City Council adopted revisions to Chapter 6.40 that among other
changes, required applicants for a massage permit to have completed 500 hours of education from a school
recognized by the State as providing a curriculum in massage. The former requirement was for only 70 hours.
At the public hearing, a citizen testified that this increase seemed to be unnecessary as many cities require 200
hours or so of education. The citizen asked the Council to consider a reduction or at the least, a phase-in of the
requirements so that it would be financially possible to attain.
Staff did a quick survey of cities in the Bay Area that had massage ordinances on their websites. The survey
showed the following:
— Two cities require certificates from a school, but without any minimum hours
— Nine cities require 70 or 75 hours of training '4
— Twelve cities require 100 hours of training
— Nine cities require 200 hours of training
— One city requires 300 hours of training
— Six cities require 500 hours of training
Mayor and Council
Re: Education Requirements for Massage Permits
February 28, 2005
Page 2
We then checked the various states in the country.
— Sixteen states do not have a State license
— One state has just a written exam
— One state requires 300 hours
— Twenty-three states and the District of Columbia require 500 to 570 hours
— Five states require 600 to 650 hours
— Three states require 700 to 750 hours
— One state requires 1000 hours
Attached are summaries of the cities and the states for your reference.
In addition,there are a number of professional certifications and membership associations that have minimum
education requirements.
The National Certification Board for Therapeutic Massage and Bodywork requires 500 hours of classwork in a
formal program to obtain a certificate. The Board allows a person to submit a portfolio of alternative study and
training for screening for a certificate examination; the City of Newark, for example, recognizes this alternative
certification as a way to satisfy the 500 hour requirement.
The American Massage Therapy Association grants professional membership to persons who complete a 500
hour in-class program or who obtain a certificate from the National Certification Board discussed above.
The International Massage Association requires 100 hours of training in either school or apprenticeship.
The Associated Bodywork and Massage Professionals Association has two levels of membership. The certified
or professional level requires 500 hours of training, while the Practitioner level requires only 100 hours of
training.
As directed by the Council, the current ordinance has a one-year phase-in period for education requirements for
those practitioners who were previously exempt from permit requirements. A similar phase-in period could be
drafted for all new permit applicants, or the phase-in period could be extended for longer than twelve months.
In addition,the ordinance could expressly provide that some of the hours could be met through apprenticeship
or internships, although that is commonly a part of the curriculum offered at schools included in the current
ordinance.
Mayor and Council
Re: Education Requirements for Massage Permits
February 28, 2005
Page 3
With Council's direction, staff can return with any amendments for introduction at the next Council meeting.
Attachment
Summary of Bay Area Education Requirements
Summary of State Education Requirements
Distribution
Chief of Police
Carla Bagneschi
CITY EDUCATION LENGTH IN DATE OF
HOURS ORDINANCE
Alameda 70 Not given
Belmont 500 1993
Berkeley 500 2002
Daly City 200 1997
Campbell 300 2003
Concord 0 Not given
Cupertino 100 Not given
Danville 70 Not given
Dublin 100 1987
East Palo Alto 70 Not given
Emeryville 500 1995
Fremont 100 2002
Hayward 200(or 100 from JQ Not given
Livermore 70 1960
Los Altos 100 Not given
Millbrae 500 2001
Milpitas 200 1995
Morgan Hill 100 2001
Mountain View 100 1994
Napa 70 1992
Newark 500 2001
Novato 100 Not given
Orinda 200 2002
Palo Alto 70 1974
Pleasanton 500 1997
BAY AREA CITIES-1
CITY EDUCATION LENGTH IN DATE OF
HOURS ORDINANCE
Redwood City 70 1992
San Bruno 70 Not given
San Carlos 200 1997
San Francisco 100 2003
San Jose 100 Not given
San Leandro 100 1978
San Mateo 200 1993
San Pablo 75 1974
San Rafael 100 2001
Santa Clara 200 1996
Santa Rosa 0 Not given
Saratoga 100 1998
South San Francisco 200 1997
Sunnyvale 100 1998
Union City 200 1984
Average 180
BAY AREA CITIES - 2
State Hours Required for State Hours Required for
License/Certificate License/Certificate
Alabama 650 Missouri 500
Alaska No State license required Montana No State license required
Arizona 500 Nebraska 500
Arkansas 500 Nevada No State license required
California No State license required New Hampshire 750
Colorado No State license required New Jersey 507
Connecticut 500 New Mexico 600
Delaware 500 (300 if just a New York 1000
technician)
North Dakota 750
District of 500
Columbia North Carolina 500
Florida 500 Ohio 600
Georgia No State license required Oklahoma No State license required
Hawaii 570 Oregon 500
Idaho No State license required Pennsylvania No State license required
Illinois 500 Rhode Island 500
Indiana No State license required South Carolina 500
Iowa 500 South Dakota No State license required
Kansas No State license required Tennessee 500
Kentucky 500 Texas 300
Louisiana 500 Utah 600
Maine 500 Vermont No State license required
Maryland 500 Virginia 500
Massachusetts No State license required Washington 500
Michigan No State license required West Virginia 500
Minnesota Exam only Wisconsin 600
Mississippi 700 Wyoming No State license required
STATE EDUCATION REQUIREMENTS
Page 1 of 1
ATTY-Anderson, Larry
From: Carla Bagneschi [carlabag@hotmail.com]
Sent: Tuesday, March 01, 2005 1:21 PM
To: LAnderson@burlingame.org
Subject: RE: Proposed Massage Ordinance
Hello Mr. Anderson,
I'm glad I had the opportunity to meet you at the City Council meeting last week. I just wanted to follow up on the
proposed massage ordinance and see where it currently stands. Also, I checked the City of San Mateo's website, and
they do require a 200-hour program. Millbrae requires 120 hours (I'm getting confirmation on this from the Police
Department), and Belmont requires 500 hours (based on a proposed ordinance I read from 2003.)
A book I read for school includes a one page summary of all massage schools in CA by zip code. Please let me
know if you would like me to fax you a copy of this page. Unfortunately, the section describing minimum
requirements for each city is not up to date.
Last Thursday I received my 200-hour certification from the San Francisco World School of Massage and Holistic
Healing Arts. I checked their website and confirmed that the advanced program(additional 346 hours) is an 8-
12 month program, and costs $3,995. The cost and time commitment may be something the City Council members
will want to consider as they review the proposed ordinance again. I don't think a one year window for
achieving compliance for existing, licensed therapists is very feasible. On a personal note, I know I don't have the
time or financial resources to extend my training (and postpone the first step of my career change)by another year. I
also want to emphasize that I think a 500 hour requirement will lead to many people practicing without a permit, or
operating with an expired permit.
Thanks for your time Mr. Anderson. I look forward to hearing about the status of the proposed ordinance.
Carla Bagneschi
>From: "ATTY-Anderson, Larry" <LAnderson@burlingame.org>
>To: "'carlabag@hotmail.com"' <carlabag@hotmail.com>
>Subject: Proposed Massage Ordinance
>Date: Tue, 22 Feb 2005 15:11:10 -0800
>Ms. Bagneschi,here is an electronic copy of the ordinance and staff report
>for tonight's meeting.
><<massage-2005.doc>>
><<massage2005staff.doc>>
03/01/2005
CITY AGENDA 8b
J.W.,
°� ITEM#
NGAME STAFF REPORT
MTG.
c ; DATE Marrh 7,2005
40
TO: HONORABLE MAYOR AND CITY COUNCIL SUBkl
BY 1, 4 4
DATE: March 1, 2005
APPROVED
FROM: Netie Shinday (558-7204) BY
SUBJECT: Consider Appointments to Planning Commission /
RECOMMENDATION:
Consider appointment recommendations of interview committee and make appointments or take
other action.
BACKGROUND:
Three commission positions are due for appointment (two approaching term expiration and one to
serve the remainder of Chris Keele's term). The positions were publicized and notification letters
were sent to all past commission applicants on the City's 2-year waiting list. Seven applications were
received as of the deadline of February 22, 2005. Those applicants were interviewed by the Council
subcommittee of Mike Coffey and Rosalie O'Mahony on February 28, 2005. The interview
committee will make their recommendation at the Council meeting on March 7, 2005.
Two appointee terms will be for four years each ending in April 2009 and one will serve the
remainder of Chris Keele's term, which will expire on April 7, 2007.
CITY 0 STAFF REPORT
BURLINGAME AGENDA
ITEM# 8C
�OQO 90
MTG.
�AATED JUNE6 DATE 03/07/05
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
BY
DATE: FEBRUARY 24, 2005
APPROVED ��y��7
FROM: CITY PLANNER BY
SUBJECT: INTRODUCTION OF AN ORDINANCE TO ESTABLIS DEVELOPMENT FEES FOR
THE EL CAMINO REAL NORTH AND ROLLINS ROAD SUBAREAS OF THE NORTH
BURLINGAME/ROLLINS ROAD SPECIFIC PLAN.
Introduction:
City Council should review the proposed ordinance and direct questions to staff. If the ordinance is ready for
action this ordinance should be set for public hearing on Monday, March 22, 2005, and the City Council
should do the following:
A. Request City Clerk to read title of the proposed ordinance.
B. Waive further reading of the ordinance.
C. Introduce the proposed ordinance.
D. Direct the city clerk to publish a summary of the ordinance at least five days before proposed
adoption.
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%. Mixed 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
INTRODUCTION OF AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH
AND ROLLINS ROAD SUBAREAS OF THE NORTH B URLINGAMEIROLLINS ROAD SPECIFIC PLAN
MARCH 7,2005
streetscape improvements in each area is different, the fee is different for each of the subareas. 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-
INTRODUCTION OF AN ORDINANCE TO ESTABLISH DEVELOPMENT FEES FOR THE EL CAMINO REAL NORTH
AND ROLLINS ROAD SUBAREAS OF THE NORTH B URLINGAMEIROLLINS ROAD SPECIFIC PLAN
MARCH 7,2005
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 North Burlingame Fees 03.07.05.doc
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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
El 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 incentives for private property 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-41
North of Trousdale.
NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN 111
CHAPTER S: 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 ing 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
setting final fee structures.
currently in the City right-of--way on both sides g
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.
L-
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 BURLINGAMEIROLLINS ROAD SPECIFIC PLAN
ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 8-Feb-05
North Burlingame Specific Plan - El 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
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ESTIMATE OF ANTICIPATED CONSTRUCTION COSTS 15-Feb-05
.� North Burlingame Specific Plan - EI 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- 1 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
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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
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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 S 35.00 $0
4.4 Shrubs- 1 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 S 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
2/17/2005
was Zta+rc,Lam 71auel lane Travel Lane TM%m[ane fYYlt
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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 $ 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
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1 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
2/28/2005
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 ofBenefit 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
2/28/2005 - 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
2/28/2005 - 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 ofway 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
2/28/2005 -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
11 day of , 2005, and adopted thereafter at a regular meeting of the City Council
12 held on the 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
2/28/2005 - 5 -
CITY o� STAFF REPORT
AGENDA
E34iRLINGAME ITEM # 9a
MTG.
DATE 3/7/05
+PM u JYIi�
TO: HONORABLE MAYOR AND CITY COUNCIL sus TED
BY -
DATE: February 24, 2005
AP7t4��l
�y
FROM: Parks & Recreation Director (558-7307) BY
SUBJECT: PERSHING PARK PLAYGROUND RENOVATION — CITY PROJECT
NO. 81070.
RECOMMENDATION: It is recommended that Council approve the attached resolution
awarding the subject work to Scapes, Inc. of Half Moon Bay in the amount of $ 138,768.65 .
BACKGROUND:
The City of Burlingame has been engaged in a program to upgrade its children's playgrounds to
bring them into compliance with current accessibility and safety regulations. The Pershing Park
Playground is the facility currently designated for upgrade.
In May 2004, a Playground Committee composed of Parks & Recreation Commissioners, staff,
and two neighborhood residents was formed to create requirements for replacement play
equipment and the resilient surfacing under the equipment at Pershing Park. The Committee
stipulated that rubberized surfacing would be used as the resilient surfacing and, if funds were
available, the current hardscape would be modified to create a dedicated sand play area. The
Committee arrived at consensus on desirable playground elements for the target age group, and a
Request for Proposals was drafted based upon the Committee's work. Nine proposals were
received from five vendors. Representatives from the respective companies presented their
proposals for equipment to the Committee, which selected one of the proposals submitted by
Ross Recreation. Several changes were negotiated with Ross at the behest of the Committee. A
Purchase Order was issued to Ross Recreation for the selected equipment. Direct purchase from
the equipment vendor reduces total project costs.
Construction documents based on the selected equipment and surfacing were then prepared by
Landscape Architect John Cahalan. The construction will involve drainage improvements,
modifications to meet accessibility requirements, installation of the play equipment, the addition
of a dedicated sand play area, and installation of accessible resilient surfacing. The construction
documents were completed and put out to bid. The architect's estimate was $ 155,935 (base
130,515 plus two add alternates) for the construction costs. Four bids were received. The low
bid was $138,768.65 (111,633.65 base).
Scapes, Inc. has worked extensively in the Bay Area. The Company has installed several
playgrounds for the City of San Mateo, and they successfully completed the turf infield project at
Washington Park and the landscape upgrade at the Police Department for the City of
Burlingame. Bids received were as follows:
COMPANY BASE BID TOTAL BID
Scapes Inc. 111,633.65 138,768.65
Blossom Valley Constr. 114,420.00 145,420.00
Lone Star Landscape 126,645.00 157,745.00
Community Playgrounds 137,726.00 175,996.00
It is estimated that the project will be completed by the end of May 2005.
EXHIBITS: Agreement with Exhibit A, Resolution
BUDGETIMPACT:
Construction Documents 16,000
Playground Equipment 52,650
Construction 139,768
Administration and Inspections 3,500
Construction Contingencies 14,000
TOTAL $222,918
The City of Burlingame applied for and was approved for funding of $220,000.00 under the
2002 Resources Bond Act—Per Capita Grant Program for this project. The project authorization
is for $241,800. The authorization in excess of the Bond amount is funded from balances from
completed Parks & Recreation CIPs. No new General Fund money will be used on this project.
With minimal contingencies the project will be fully funded by the Bond Grant. The successful
bid amount will allow for the inclusion of the two bid alternates (sand play area and a new bench
and drinking fountain).
RESOLUTION NO.
AWARDING CONTRACT - PERSHING PARK PLAYGROUND RENOVATION
CITY PROJECT #81070
RESOLVED, by the CITY COUNCIL of the CITY OF BURLINGAME, that;
WHEREAS, the City Council has authorized an invitation for bids for the PERSHING
PARK PLAYGROUND RENOVATION - CITY PROJECT #81070 and;
WHEREAS, on February 23`d, 2005, all bids received were opened before the Parks
Superintendent, Parks Supervisor, and the Administrative Secretary of the Parks Division; and
WHEREAS, SCAPES, INC., submitted the lowest bid for the job in the amount of
$138,768.65.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the bid of
SCAPES, INC. for said amount of$138,768.65, be and the same is hereby accepted.
BE IT FURTHER RESOLVED, that a contract be entered into between the successful
bidder herein above referred to and the City of Burlingame for the performance of said work, and that
the City Manager be, and he hereby is authorized for and on behalf of the City of Burlingame to
execute said contract and to approve the faithful performance bond and the labor and materials bond
required to be furnished by contractor.
MAYOR
I,DORIS MORTENSEN, City Clerk of the City ofBurlingame,do hereby certify that the foregoing
resolution was introduced at a regular meeting of the City Council held on the 7r'day of March 2005,
and was adopted thereafter by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
STAFF REPORT AGENDA
BURL®E ITEM# 9b
MTG.
3/7/05
DATE
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
BY
DATE: March 7, 2005
APPROVED
FROM: PUBLIC WORKS BY
SUBJECT:
RESOLUTION AWARDING PERMIT TRACKING SOFTWARE ACQUISITION AND IMPLEMENTATION, CITY
PROJECT NO. 81300
RECOMMENDATION: It is recommended that the Council approve the attached resolution awarding the Permit
Tracking Software Acquisition and Implementation Project to CRW Associates in the amount of$126,000.
BACKGROUND: The Building Division is currently using a DOS-based permit tracking software system first
developed in 1995. The system is capable of issuing permits but cannot track plan checks and inter-department
activities. This system frequently malfunctions causing delays in the issuance of building permits. New, improved
versions of the software are not available in the market.
DISCUSSION: On August 31, 2004 staff issued a Request For Proposals (RFP) to ten prospective software
vendors. On September 20, 2004 the City received six responses to the RFP ranging from $45,000 to
$1,500,000. Staff reviewed the proposals and, based on experience and qualifications, invited five vendors for
interviews. A subcommittee was formed of staff from various departments and the IT support group to evaluate
the proposals and interview the firms. As part of the evaluation staff made site visits to agencies including San
Mateo, San Mateo County, Millbrae, Redwood City, and Hillsborough to view the actual working software and to
obtain references and feedback.
Based on staff,s evaluation it is recommended that CRW Associates develop and implement the permit tracking
system. Staff has negotiated the attached agreement with CRW Associates in the amount of $126,000 to
develop, install, and implement the permit tracking system in the Building Division, Engineering Division, and
Code Enforcement Division.
The estimated costs for fully implementing the new permit tracking system are:
CRW Associates $126,000
Hardware purchases 13,000
IT support services 11,000
Contingency (15%) 19,000
Total estimate costs $169,000
EXHIBITS: Agreement w/ Scope of Services
BUDGET IMPACT: The Permit Tracking Software Acquisition is funded by the plan checking fee liability account
which is collected as part of the building permit fees.
C: James Nantell; George Bagdon; Syed Murtuza; City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
AWARDING CONTRACTOR FOR PERMITTING SOFTWARE AND RELATED
SERVICES TO CRW ASSOCIATES
CITY PROJECT NO. 81300
RESOLVED,by the City Council of the City of Burlingame:
WHEREAS,the City prepared and issued extensive specifications and request for proposals
pursuant to legal requirements; and
WHEREAS,the City received and considered six proposals on September 20, 2004; and
WHEREAS,after detailed review, demonstrations, and discussions, the City has determined
that the proposal by CRW Associates is the more cost effective proposal to provide the basic needs
required by the City for permitting purposes; and
WHEREAS, this approval is based on the representations of CRW Associates that it will
continue to refine its products, and in particular,to developing interactive, web-based technology
for the software that will make it usable and accessible by the public,
NOW, THEREFORE,IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Agreement with CRW
Associates as contained in Attachment A hereto and as approved as to form by the City Attorney..
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
2005,and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
Nb_
AGREEMENT FOR THE INSTALLATION AND USE OF
PERMIT,PLANNING,AND CODE ENFORCEMENT SOFTWARE BETWEEN
THE CITY OF BURLINGAME AND CRW ASSOCIATES
This Agreement is entered into this day of ,2005,by and between the
City of Burlingame, California,(hereinafter"CLIENT")and CRW ASSOCIATES, a d.b.a. of CRW
Systems, Inc., a California corporation(hereafter"CRW"), for the installation of a permit and code
enforcement software, and other services, as specifically provided herein(hereafter referred to as the
"Project").
IN CONSIDERATION of the covenants as set forth in this Agreement, CLIENT and CRW agree
as follows:
A. SCOPE OF SERVICES/SCOPE OF WORK
A.1.PROJECT DESCRIPTION:
The Project is more specifically defined as follows: Installation of an automated permit management,
project tracking,code enforcement, and/or business license tracking software system, and related
subsystems.
A.2.AGREEMENT CONTENTS:
This Agreement includes the following Exhibits:
Exhibit A. Project Scope of Work.
Exhibit B. Project Milestone and Payment Schedule.
Exhibit C. Project Cost Summary
Exhibit D. Software License for Trakit
Exhibit E. System Acceptance Testing
Exhibit F. Software Escrow Agreement
Exhibit G. Performance Standards
A.3. COMMENCEMENT DATE/SCOPE OF WORK:
A.3.1. CRW shall not be obligated to perform any work pursuant to the Project, including labor
or materials, prior to the Commencement Date. When CRW is in receipt of a fully executed
original of the Agreement the Client shall specify the Commencement Date and will issue a
written Notice to Proceed.
A.3.2. The Scope of Work of the Project,with itemized pricing of the items included in the Project is
attached hereto as Exhibits A and B,and incorporated herein and made a part hereof by this reference.
The time periods set forth in Exhibits A and B shall be adhered to. At the Project kick-off meeting, CRW
and the CLIENT shall amend Exhibit B to provide the exact deadlines to be met under this Agreement
and that written amendment shall be attached as an amendment to this Agreement. In no event shall the
Project completion date extend beyond seven(7)months from the Commencement Date.
A.3.3. Time is of the essence in this Agreement. The time schedule provided in Exhibit B,Project
Milestone and Payment Schedule, is based on the assumption that CLIENT will provide all necessary
information to CRW in a timely manner in accordance with Section C of this Agreement. CRW shall
immediately notify CLIENT of any information that has not been provided in accordance with Section C.
B. DUTIES AND OBLIGATIONS OF CRW
B.1. SCOPE OF WORK:
B.1.1 After the Commencement Date, CRW shall perform the following services:
(1) Install Permit Management, Code Enforcement,Business License Tracking, CRM Trak,
LandTrak,Project Tracking, and eTrakit software.
(2) Provide data conversion of CLIENT'S existing data and incorporate data into CRW
system.
(3) Work with CLIENT's Finance Department,Public Works Department, and City
Attorney's Office to develop the required configurations, forms, and products.
(4) Establish Project's links with CLIENT's GIS system and the live County of San Mateo
Assessors Map system.
(5) Link CLIENT's fees and payments in Project to CLIENT's Universe financial
management system without duplication of effort.
(6) Provide hands-on,Administrator Training, as specifically provided herein.
(7) Provide on-site,hands-on,User Training,as specifically provided herein.
(6) Provide remote access support during Annual Maintenance period. CLIENT to provide
local workstation with remote connection and appropriate remote access software.
B.1.2. CRW shall install software and provide all services in a workmanlike manner in accordance with
the Scope of Work and the terms and conditions of this Agreement. Any additional services must be
evidenced by a written modification of this Agreement, or written change request pursuant to Section C of
the Agreement. Services to be provided do not include hardware. CRW represents that the Trakit software
will operate on a Windows-based operating system.
B.I.3. System and Performance Requirements, as identified in the CRW's Response to CLIENT's
Request for Proposal of Permitting Software and Related Services are contained in Exhibit I.
B.2. IMPLEMENTATION:
CRW shall perform implementation services including setup of permit/project/case types, fee formulas,
valuation schedules,using data provided by CLIENT to CRW. CRW shall provide custom report
development for up to five(5) custom reports and up to five(5)custom forms as designed by CRW for
CLIENT.
B.3.DATA CONVERSION:
CRW shall provide database conversion services necessary to convert the CLIENT's existing permit
database to CRW system format. The source information for data conversion shall be limited to ASCII,
Access, or dBase-formatted data provided by CLIENT to CRW within thirty(30)days of Commencement
Date.
B.4.ADMINISTRATOR TRAINING:
The training will be conducted in locations and on dates determined by CRW, for two (2) staff members
of CLIENT. In addition,CRW shall provide training for Report writing in locations and on dates
determined by CRW. CLIENT may attend training at any location offered by CRW at the CLIENT
discretion.
B.S. USER TRAINING:
CRW shall provide training as designated in for Permit Trak and Code Trak software.
Training will be conducted at CLIENT offices.
B.5.1 Training charges are calculated on the condition that no more than eight(8) students are trained per
da�per module. End-User training can be conducted on no more than two separate CLIENT site visits,
consisting of no less than two(2)consecutive training days per visit.
B.5.2 Subsequent days of User Training for up to eight(8) staff members, if but only if requested by the
CLIENT,will be billed at the rate of$ 1,700 per day for one(1)CRW staff,or$2,500 per day for two(2)
CRW staff,plus travel expenses. CLIENT will determine whether one or two CRW staff are to be
provided.
B.6. MAINTENANCE AND SUPPORT:
CRW shall provide the following maintenance and support services to CLIENT during the twelve(12)
month time period following payment of Annual Maintenance and Technical Support fees. Annual
Maintenance and Technical Support fees are waived for the first twelve(12)month period following
System Acceptance of software,as defined in Exhibit E.
B.6.1. Trakit software modifications to correct bugs or errors that are reported to CRW by CLIENT.
B.6.2. Trakit software updates that are posted from time to time by CRW on web site
(www.crwassoc.com/support). Updates may be downloaded and installed by CLIENT onto CLIENT's
network. In the event of a malfunction or problem caused by an update,CRW shall ensure that such
problem will be resolved and that the update will be corrected.
B.6.3. Technical support via telephone. CRW reserves the right to restrict phone access to
CLIENT-designated System Administrators. Toll-free phone access is provided by CRW(888-279-2043).
B.6.4. Technical support via web form on CRW web site(www.crwassoc.com/support).
B.6.5. Trakit Software enhancement requests may be submitted by CLIENT to CRW. Enhancement
requests will be reviewed by CRW and may be incorporated into future releases. CLIENT understands
that submittal of enhancement request does not obligate CRW to provide software modification.
B.6.6. CLIENT may register for and enroll in CRW training classes for System Administrators or Users.
Registration fees may vary from time to time.Registration for two(2)CLIENT staff are included in
Exhibit C Cost Summary.
B.6.7. As part of its annual services under Maintenance and Support,CRW shall annually install the
update to the CLIENT's master fee schedule to be provided by CLIENT. The installation shall occur
within thirty(30)days of delivery of the master fee schedule to CRW by CLIENT, and shall occur no
more often than once a calendar year.
B.7.NOT RESPONSIBLE FOR DAMAGES DUE TO UNFORESEEN DELAYS:
CRW shall not be responsible for damages resulting from delays outside of its reasonable control,
including,but not limited to, (a) failure of CLIENT to furnish timely information as specifically
designated in writing by CRW; (b) failure of CLIENT to make a timely determination as to the
acceptability of CRW's work,or(c) strikes, lockouts,accidents,or acts of GOD. See also Section D.3
below.
B.8 REPRESENTATIONS:
CLIENT acknowledges and represents that it has had opportunity to review the proposed Trakit software
and services from CRW, including interviews, software demonstrations, and existing client references,
and based upon such review have determined that the software and services as represented by CRW meet
the needs as stated in the City's Request for Proposal of Permitting Software and Related Services.
C.DUTIES AND RESPONSIBILITIES OF CLIENT
C.1.INFORMATION TO BE PROVIDED BY CLIENT:
C.1.1. CLIENT shall provide the following information for CRW to establish the permit software control
files:
1. Current valuation and fee structures
2. Current Permit and Case types designations and categories
3. Examples of current reports used by the CLIENT relating to permit management.
4. Any exceptions to the typical permit process,or any special permit processing
requirements.
C.1.2. The CLIENT shall provide CRW with access to CLIENT workstations and disk space for
installation of the software on which the software is to be installed.
C.1.3. The CLIENT will ensure and provide that staff who will be trained in the use of CRW software
will have sufficient basic knowledge of permit processing and MS-Windows functions.
C.2. CLIENT COOPERATION:
C.2.1. CLIENT understands that timely completion of the Project is dependent in significant part upon the
timely cooperation of CLIENT in providing information to CRW necessary to complete the Project,
including,but not limited to:
(a) Data obtained from CLIENT'S present system to be incorporated into the CRW system.
CRW represents that it has received such cooperation in entering into this Agreement and has reviewed
the CLIENT's current system before entering into this Agreement.
C.2.2 CRW understands and agrees that CLIENT's hours of work are limited to 8:00 a.m. to 5:00 p.m. on
Monday through Friday,not including CLIENT holidays, and these are the hours during which access
will be provided to CLIENT's jobsite. Other hours must be specifically approved in writing by the
Project Administrator.
D. COMPENSATION
D.1. CRW COMPENSATION AND FEES:
CLIENT agrees to compensate CRW for professional services rendered under this Agreement for the total
contract price of not to exceed $126,000(One Hundred Twenty-Six Thousand Dollars),which amount
shall include all labor,materials,taxes,insurance and all other costs associated with the Project. This
Total Contract Price does not include any changes to the work as may be requested by CLIENT and
incorporated into the Project pursuant to a written request by CLIENT as provided in section E of this
Agreement or any of the specific option items identified in Exhibit C.
D.2.TERMS OF COMPENSATION:
CRW will submit invoices for work performed according to the payment schedule shown in Exhibit C
"Summary of Project Fee." CLIENT agrees to notify CRW of any disputed invoice within 5 business
days of receipt of such invoice. Failure of CLIENT to pay undisputed invoices within 30 days of receipt
will subject CLIENT to a late payment fee computed at a periodic rate of 1.0%per month of the amount
past due,representing an annual percentage rate of 12%,which late fee shall be applied to any unpaid
balance. At no time shall CRW submit more than one invoice in any thirty(30)day period.
D.3 LIQUIDATED DAMAGES:
If the entire project is not completed by CRW in the time specified hereinabove,or within any period of
approved written extension, it is understood that CLIENT will suffer damage; and it being impracticable
and infeasible to determine the amount of actual damage, it is agreed that CRW shall pay to CLIENT, as
fixed and liquidated damages, and not as a penalty,the sum of$200 per day, and CRW shall be liable for
the amount thereof;provided,however,that CRW shall not be charged liquidated damages because of
any delays in the completion of the work due to unforeseeable causes beyond the control and without the
fault or negligence of CRW(including,but not restricted to,Acts of God or of the public enemy, acts of
the Government, acts of the City, fires, floods,epidemics, quarantine restrictions, strikes and freight
embargoes).
CRW shall,within ten(10)calendar days from the beginning of any such delay,notify CLIENT in
writing of the cause of the delay and the amount of time extension requested, if any;whereupon CLIENT
shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in
its judgment and for the amount of time if any,the findings of fact justify such an extension. The
CLIENT's Contractor Representative determination shall be final and binding on the parties hereto.
E. CHANGES AND ADDITIONS TO THE WORK
E.1 REQUIREMENT FOR WRITTEN CHANGE ORDERS:
CLIENT may request CRW to perform additional services not covered by the specific Scope of Work as
set forth in Exhibit A of this Agreement.Any such requests shall be submitted in writing,and shall be
signed by the CLIENT Representative,as identified in Section 1.1.1 of this Agreement, and an authorized
representative of CRW. Such signed requests shall include(a) a description of the additional services to
be performed, and(b)the agreed upon price for such services.Any such requests signed by the CLIENT
Representative,but only the CLIENT representative, shall be deemed authorized by CLIENT and shall
bind CLIENT to its terms. CRW shall have no authority to perform,and CLIENT shall not be
responsible to compensate CRW for any services provided without such an authorization.
E.2. PAYMENT FOR ADDITIONAL WORK:
Any such authorized additional work performed by CRW shall be added to the contract price and billed in
accordance with the "Project Cost Summary" as outlined in Exhibit D of this Agreement,unless otherwise
provided in the approved change order. CRW will not commence any additional services for the CLIENT
until written authorization has been given by CLIENT and approved by CRW, as provided above.
F.INDEMNIFICATION AND INSURANCE
F.1.INDEMNIFICATION FOR INFRINGEMENT:
F.1.1. CRW shall indemnify,defend and hold harmless CLIENT from and against any claims,based upon
infringement of any United States copyright trademark or patent by the Software, including but not
limited to attorneys fees. CLIENT agrees to notify CRW of any such claim promptly in writing. CLIENT
agrees to cooperate fully with CRW during such proceedings. CRW shall defend at its sole expense,
including payment of all attorneys fees, all proceedings arising out of the foregoing. In the event of such
infringement, CRW may replace, in whole or in part, Software with a substantially compatible and
functionally equivalent computer program or modify Software to avoid the infringement. CRW shall be
responsible for any all costs involved in such a replacement process, including all installation,
implementation,training,and configuration costs.
F.2 GENERAL INDEMNIFICATION
To the fullest extent permitted by law, CRW shall save,keep and hold harmless indemnify and defend the
CLIENT, its officers, agents, employees and volunteers from all damages, liabilities,penalties,costs,or
expenses in law or equity, including but not limited to attorneys' fees,that may at any time arise,result
from,relate to, or be set up because of damages to property or personal injury caused by negligence or
intentional misconduct of CRW,or by any of CRW's officers, employees,or agents or any subcontractor,
under this Agreement. The duty to defend under this paragraph is wholly independent and separate from
the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the CRW. The
duty to defend arises immediately upon presentation of a claim by any party and written notice of the
claim being provided to the CRW. This paragraph shall not apply if the damage or injury is proximately
caused by the sole negligence or willful misconduct of the CLIENT, its officers, agents, employees,or
volunteers.
F.3. INSURANCE:
CRW, shall at CRW's own expense,purchase,maintain and keep in force during the term of this
Agreement the following insurance. All insurance policies provided under this Agreement shall be written
on an"occurrence"basis. The insurance requirements shall remain in effect throughout the term of this
Agreement.
F.3.1. Worker's Compensation as required by law, Employers Liability Insurance of not less than
$100,000.00 00 for each accident, $100,000.00 disease-each employee, $500,000.00 disease-policy limit.
F.3.2. Commercial General Liability Insurance-$1,000,000.00 Limit
F.3.3. Professional Liability Insurance-$500,000.00 Limit. Professional Liability insurance will be in
force for at least twelve(12)months from Commencement Date. Professional Liability insurance shall
apply to services performed by CRW staff only. Professional Liability insurance shall not apply to
third-party services or services of subcontractors.
F.3.4.All policies are to be written with insurance companies duly approved to transact that class of
insurance in the State of California.
F.3.5. Insurance is to be placed with insurance carriers with a Best rating of A:VII or better.
F.3.6. CRW hereby waives subrogation rights for loss or damage to the extent same are covered by
insurance. Insurers shall have no right of recovery or subrogation against CLIENT, it being the intention
that the insurance policies shall protect all parties to the Contract and be primary coverage for all losses
covered by the policies . Waiver of subrogation does not apply to the insurance policy provided for
professional liability.
F.3.7 CLIENT, its officers, employees,volunteers, and agents shall be endorsed as an additional insured
under CRW's General Liability Insurance. The coverage shall contain no special limitations on the scope
of protection afforded to the CLIENT, its officers,officials, employees, or volunteers. The endorsement
providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 1185
and must cover joint negligence,completed operations,and the acts of subcontractors.
F.3.8 CRW's General Liability insurance coverage shall be primary insurance as respects the CLIENT,
its officers, officials,employees, and volunteers. Any insurance or self-insurance maintained by the
CLIENT,its officers,officials, employees,or volunteers shall be excess of the CRW's Insurance and
shall not contribute with it.
F.3.9 Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the CLIENT, its officers,officials,employees,or volunteers.
F.3.10 CRW'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.
F.3.11 CRW will not modify or cancel any of the insurance'required by this Agreement without written
notification to and approval by the CLIENT.
F.3.12 General Liability Coverage shall be at least as broad as Insurance Services Office form number
GL 0002(Ed. 1/73)covering Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage("occurrence" form GC 0001).
F.3.13 Any deductibles or self-insured retentions must be declared to and approved by the CLIENT. At
the option of the CLIENT,either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CLIENT, its officers,officials, employees and volunteers; or CRW shall procure
a bond guaranteeing payment of losses and related investigations,claim administration,and defense
expenses.
F.3.14 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended,voided, canceled by either party,reduced in coverage or in limits except after thirty days prior
written notice has been given to the CLIENT.
F.3.15 CRW shall furnish CLIENT with certificates of insurance and with original endorsements
effecting coverage required by this Section. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be on forms approved by the City. All certificates and endorsements shall be
provided by CRW and approved by the CLIENT before issuance of the notice to proceed by CLIENT. If
CRW fails to provide the certificates and endorsements to CLIENT within thirty(30)days of execution of
this Agreement,the time for completion of the Project shall begin to run. The City reserves the right to
require complete,certified copies of all required insurance policies, at any time.
F.3.16 CRW shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
G.TERMINATION
G.I. TERMINATION OF AGREEMENT:
G.1.1. This Agreement may be terminated by CLIENT at any time,with or without cause,upon written
notice to CRW.Notwithstanding the date of such notice,termination shall be effective upon receipt by
CRW of such notice of termination. In the event of termination by CLIENT, CLIENT shall pay CRW for
all satisfactory and completed services and materials provided to CLIENT pursuant to this Agreement up
to and including the date of receipt by CRW of notice of termination.
G.1.2. In the event CLIENT terminates this Agreement before a successful installation of the Software
has been completed,the CLIENT agrees to immediately return all source code or other materials provided
to CLIENT by CRW, and to destroy, erase, and purge all software provided by CRW from any and all
CLIENT computers.
G.1.3. Within thirty(30)days of termination pursuant to Section G.1.2, CLIENT agrees to provide CRW
with written confirmation that all CRW software has been removed or destroyed.
H. OWNERSHIP OF DOCUMENTS
H.1.OWNERSHIP OF DOCUMENTS:
H.1.1. All plans,specifications,reports,and other design documents prepared by CRW pursuant to this
Agreement shall become property of CLIENT upon completion of the Project.
H.1.2.All source code for computer programs or modifications to programs,which are produced pursuant
to this Agreement shall be deemed, and remain,the intellectual property of CRW and are protected under
the copyright,patent, or other laws, of the United States as well as other jurisdictions where such
programs are being used.
H.1.3. CLIENT agrees to respect CRW's purported ownership of any such proprietary rights which may
exist, including patent, copyright,trade secret,trademark and other proprietary rights, in and to Software
and any corrections,bug fixes, enhancements,updates or other modifications, including custom
modifications,to Software,whether made by CRW or any third party.Under no circumstances shall
CLIENT sell, license,publish,display, distribute or otherwise transfer to a third party Software or any
copy thereof, in whole or in part,without CRW's prior written consent.
H.2. SOURCE CODE ESCROW
H.2.1. CRW shall maintain a software escrow account, as described in Exhibit F.A copy of the latest
source code for the software being installed by CRW pursuant to this Agreement shall be deposited in this
escrow account.
H.2.2. CRW will pay the entire cost of this source code escrow account.
H.2.3. CLIENT will be registered as a Registered Beneficiary of the Software Escrow Agreement,as
defined in Exhibit F.
H.2.4. As a precondition of the first payment to be made by CLIENT,Escrow/Tech shall provide a
certified copy of the escrow agreement in the form contained in Exhibit F recognizing the CLIENT as a
Registered Beneficiary.
I. COMMUNICATION TO OR THROUGH CLIENT/CRW DESIGNATED
REPRESENTATIVES:
I.1.1 All communication relating to Project status shall be exchanged between a designated representative
of the CLIENT and a designated representative of CRW as identified below.
CLIENT: CRW:
Mr. Joseph Cyr, CBO Christopher R. Wuerz,P.E.
Chief Building Official President, CRW Systems,Inc. dba
City of Burlingame CRW Associates
501 Primrose Road 16980 Via Tazon, Suite 320
Burlingame,CA 94010 San Diego, CA 92127
Phone: (650)558-7270 Phone: (858)451-3030
Fax: (650)696-1604 Facsimile: (858)451-3870
Email: icyr(&burlin ag me_org email: chris@crwassoc.com
I.1.2 If the designated representative or address of either party changes during the term of this
Agreement, a written notice shall be given to the other party prior to the effective date of change.
1.2 DESIGNATED SYSTEM ADMINISTRATOR:
I.2.1.The CLIENT Representative shall identify and designate System Administrators. All
communication related to day-to-day operations of the system,including system maintenance, systems
problems and/or troubleshooting,shall be made to CRW only through either the designated representative
of CLIENT as identified in I.1.1 above,or the System Administrators as identified below.
I.2.2. The System Administrators shall participate in all System Administrator training sessions conducted
by CRW as required by this Agreement,and shall become fully knowledgeable and competent to use all
aspects of the system software.
I.2.3.The System Administrators for CLIENT are designated as follows:
Name: Mr.Joseph Cyr
I.2.4 If a designated system administrator changes during the term of this Agreement, a written notice
shall be given to CRW prior to the effective date of change.
J.MISCELLANEOUS GENERAL PROVISIONS
J.L LICENSES:
CRW shall obtain and maintain all business licenses or other permits and certifications as may be required
by law.
J.2. STATUS OF CRW AS INDEPENDENT CONTRACTOR:
Throughout the term of this Agreement,CRW, its employees, subcontractors,consultants, and agents
shall be considered as an independent contractor(s)and not as an agent or employee of the CLIENT.
Nothing in this Agreement shall be interpreted to imply an employee-employer relationship between
CLIENT and CRW. As an independent contractor,neither CRW nor any of its officers, employees,
agents,or subcontractors shall obtain any rights to retirement benefits or other benefits which accrue to
CLIENT employees. With prior written consent, CRW may perform some obligations under this
Agreement by subcontracting,but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement.
J.3. MEDIATION OF DISPUTES:
Prior to the commencement of any litigation arising out of this Agreement,both CRW and CLIENT agree
to participate in good faith in non-binding mediation of any dispute or claim,which remains unresolved
after informal discussions. Both CRW and CLIENT shall negotiate in good faith to select a qualified
mediator.
J.4.ATTORNEY'S FEES:
In the event that any legal proceeding is instituted by either CRW or CLIENT to enforce the terms of this
Agreement or to determine the rights of CRW or CLIENT,the prevailing party in said legal proceeding
shall be entitled to recover its reasonable costs and attorney's fees,not to exceed$7,500.
J.S.APPLICABLE LAW:
This Agreement, its interpretation and all work performed hereunder shall be governed by the laws of the
State of California. Venue for the enforcement of this agreement shall lie exclusively in San Mateo
County,California. All claims, disputes, and other matters in question arising out of,or relating to,this
agreement or the breach thereof shall be resolved in the Superior Court of San Mateo County,California,
and all parties hereto specifically waive any"venue privilege"they may have in any other jurisdiction.
J.6.BINDING ON SUCCESSORS:
All the terms,provisions and conditions of this Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, assigns and legal representatives.
J.7.DUE AUTHORITY:
CLIENT represents and warrants that the person executing this Agreement on behalf of CLIENT is an
agent of CLIENT and has full and complete authority to execute this Agreement and enter into the terms
and covenants provided herein,and has been designated by CLIENT to execute this Agreement on behalf
of CLIENT. CRW represents and warrants that the person executing this Agreement on behalf of CRW is
an agent of CRW and has full and complete authority to execute this Agreement and enter into the terms
and covenants provided herein, and has been designated by CRW to execute this Agreement on behalf of
CRW.
J.B.WARRANTY OF TITLE:
CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its use
to CLIENT free of any proprietary rights of any other party or any other encumbrance.
J.9.APPLICATION SOFTWARE WARRANTY:
CRW warrants that its Software will perform in the manner described in the Agreement documents and
CRW's Proposal for Planning,Zoning and Codes Software dated August 4,2003, and any other written
user documentation for the version installed. This Warranty shall commence upon date of acceptance by
CLIENT as defined by Exhibit E attached hereto.
J.10 SERVICES WARRANTY:
CRW warrants that the services provided hereunder shall be executed in a correct and competent manner
consistent with the professional standards of the industry. Any error or defect in the services provided
hereunder shall be corrected by CRW at no additional cost to the CLIENT.
J.11 EQUAL EMPLOYMENT OPPORTUNITY:
CRW warrants that it is an equal opportunity employer and shall comply with applicable regulations
governing equal employment opportunity. Neither CRW nor its subcontractors do and neither shall
discriminate against persons employed or seeking employment with them 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.
J.12 CONFIDENTIALITY:
CRW understands and agrees that the computer records, systems, and data of the CLIENT contain
personal and sensitive information regarding citizens. At no time shall CRW or any of its officers,
employees, agents, or subcontractors compromise,disclose, or otherwise use the information contained in
or on the CLIENT's computer system,records,or data without the express written permission of
CLIENT. CRW understands and agrees that any such compromise,disclosure, or use might subject CRW
or its officers,employees,agents, or subcontractors to criminal prosecution as well as civil penalties and
damages.
J.13 INFORMATION/REPORT HANDLING:
All documents furnished to CRW by the CLIENT under this Agreement are the CLIENT's property and
shall be delivered to the CLIENT upon the completion of CRW's services or at the CLIENT's written
request. All reports, information, data, and exhibits prepared or assembled by CRW in connection with
the performance of its services pursuant to this Agreement are confidential until released by the CLIENT
to the public,and CRW shall not make any of the these documents or information available to any
individual or organization not employed by CRW or CLIENT without the written consent of the CLIENT
before such release.
J.14 AVAILABILITY OF RECORDS:
CRW shall maintain the records supporting its billings under this Agreement for not less than three(3)
years following completion of the work under this Agreement. CRW shall make these records available
to authorized personnel of the CLIENT at CRW's offices during business hours upon written request of
the CLIENT.
J.15 ASSIGNABILITY AND SUBCONTRACTING:
The services to be performed under this Agreement are unique and personal to CRW. No portion of these
services shall be assigned or subcontracted without the written consent of the CLIENT.
J.16 CONFLICT OF INTEREST:
CRW understands that its professional responsibilities is solely to the CLIENT. The CRW has and shall
not obtain any holding or interest within the CLIENT. CRW has no business holdings or agreements with
any individual member of the staff or management of the City or its representatives nor shall it enter into
any such holdings or agreements. In addition, CRW warrants that it does not presently and shall not
acquire any direct or indirect interest adverse to those of the CLIENT in the subject of this Agreement,
and it shall immediately disassociate itself from such an interest should it discover it has done so and
shall,at the CLIENT's sole discretion, divest itself of such interest. CRW shall not knowingly and shall
take reasonable steps to ensure that it does not employ a person having such an interest in this
performance of this Agreement. If after employment of a person, CRW discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this Agreement,CRW
shall promptly notify CLIENT of this employment relationship,and shall,at the CLIENT's sole
discretion, sever any such employment relationship.
J.17.ENTIRE AGREEMENT:
This Agreement contains the entire understanding and agreement between CRW and CLIENT. Any prior
agreements,promises,proposals,negotiations or representations—oral or written—not expressly set forth
herein shall be of no force or effect. In the event of a conflict between the terms and conditions of this
Agreement and any document incorporated by reference,the terms and conditions of this Agreement shall
prevail. This Agreement may be modified or amended only by written agreement signed by both CRW
and the CLIENT.
CLIENT CRW SYSTEMS,INC.
City of Burlingame,California dba. CRW ASSOCIATES
San Diego,California
Dated: Dated:
By: By:
Christopher R. Wuerz,President
President,CRW Systems, Inc.
Dated: d.b.a. CRW Associates
By:
EXHIBIT A
PROJECT SCOPE OF WORK
Upon receipt of a written Notice to Proceed from CLIENT, CRW shall perform the following services:
A.On-Site attendance and participation in project meetings.
Meetings: Project kick-off meeting; software installation; database installation;project
implementation meetings.
B.Deliver computer software(TRAKIT) and database structures for SQL/Server database.
Deliverable: CD containing computer software; installation instructions; services to install
software on CLIENT network and up to three workstations; services to train CLIENT IT staff for
installation of remaining CLIENT workstations; services to install SQL/Server database and tables.
C. Provide data conversion services.
Deliverable: CD and electronic transfer(via FTP or email) of converted database; services to
develop conversion software for translation; services to perform data conversion; services to install
converted data; services to investigate and correct any errors uncovered during conversion balancing
and/or system testing.
Applies to: Permits and Inspections;Project applications; Code Enforcement; Business Licenses.
CLIENT will provide to CRW all tables and files that are necessary for historical data conversion.
CLIENT agrees to provide all necessary files and data to CRW within thirty(30)days of Project
Commencement Date.
D.Provide software training.
Deliverable: Provide System Administrator training for two (2) CLIENT staff during scheduled
training at CRW office.
Deliverable: Conduct five(5)days of on-site,hands-on End User training at CLIENT office.
Class size is limited to eight(8)students per day. Classes shall be conducted on one or two separate trips
at CLIENT's choice, each trip consisting of no less than two(2)days of instruction.
CRW to provide workstations(laptops)and networked server for all on-site classes. CLIENT to
provide classroom space at CLIENT facilities.
E. Provide Project Implementation services.
Deliverable: Develop up to five(5)custom forms, and up to five(5)custom reports, as directed
by CLIENT staff,provide standard(ICBO/BOCA/SBCCI or other)Valuation tables; develop custom
valuations and fee formulas as directed by CLIENT staff,using information provided by CLIENT.
Deliverable: Installation of permit forms, fee tables and valuations tables in TrakIt database.
Deliverable: Data import specification(using standard TrakIt import function) for monthly
updates of assessor records. Establish links to CLIENT's GIS system.
CLIENT to provide information regarding fee formulas,usage,permit and business license
forms.
CLIENT agrees to provide all necessary custom report and custom form definitions to CRW
within thirty(30)days of Project Commencement Date.
F.Provide eTrakIt modules for web-based permit processing.
Deliverable: ASP and HTML pages(source code) to provide the following functions:
1. User/password logon.
2. User logon verification.
3. Permit lookup (by Permit Number, Site address,APN, Owner name)
4. Permit status information.
5.New Inspection request.
6.New Permit application.
7. Inspection result posting(CRW to work with CLIENT to design and develop
appropriate ASP/HTML web screens for real-time posting of inspection results)
8. Payment link to City-provided online payment portal.
G. Provide Twelve(12)months technical support and software updates/upgrades at no cost to the
CLIENT.
Applies to: TrakIt and eTrakit software. Time period for no-charge technical support to begin
upon completion of System Acceptance, as defined in Exhibit E.
EXHIBIT B
PROJECT MILESTONE AND PAYMENT SCHEDULE
Task Item: Date Due:
1. Contract Execution and Notice to Proceed
2. Project Workbook Delivery and Software Deliver. CRW delivers standard
Trakit package via CD; CRW delivers Project workbook via email
3. Project kick-off meeting. CRW reviews Project timetable and training
schedule with CLIENT. Timetable revised in writing and agreed-to by
CLIENT and CRW.
CRW installs standard software with demonstration database for initial
testing by CLIENT.
CRW reviews Project Workbook with CLIENT; CRW and CLIENT review
data conversion needs; CLIENT delivers legacy data for conversion
4. First Payment Due. $ 21,500(one-fourth of cost of items 3,4, 5, 6,7, 8
and 9 of Exhibit Q.
Payment due upon billing from CRW and successful completion of Steps 1
through 3 above
5. Project Meeting. CLIENT delivers completed Project Workbook; CRW
and CLIENT review Workbook contents and discuss Project implementation
6. Initial Configuration and Data Conversion. CRW delivers initial,
preliminary configuration of system based on system requirements provided
by CLIENT and this Agreement. CRW delivers initial,preliminary data
conversion for CLIENT to begin review. Subsequent deliveries of
configuration and data conversion will continue as necessary during the
remainder of Project implementation.
CRW completes conversion of historical data.
CRW creates reports and forms
Establish links to CLIENT's GIS system and County APN.
7. Legacy Data Conversion. CRW converts legacy data provided by
CLIENT.
Data conversion delivered to CLIENT.
8. System Administrator Training. CRW trains up to two (2) CLIENT staff
members pursuant to this Agreement.
9. Testing of Delivered System. Setup, conversion, forms, and reports tested
for acceptability.
Data conversion tested.
CLIENT notices CRW of desired changes.
10. Second payment Due. $ 21,500 (one-fourth of cost of items 3, 4, 5, 6, 7,
8 and 9 of Exhibit Q.
Payment due upon billing from CRW and successful completion of Steps 5
through 9 above.
11. System Modification. CRW delivers system modifications.
12. Testing of Modified System. CLIENT tests modifications and notifies
CRW of desired changes.
13. Third Payment Due. $ 21,500 (one-fourth of cost of items 3,4, 5, 6, 7, 8
and 9 of Exhibit Q.
Payment due upon billing from CRW and successful completion of Steps 11
and 12 above.
14. Final System Modification. Delivery of final modifications.
15. System Acceptance Testing and Correction. CLIENT completes
System Acceptance Testing. CRW corrects deficiencies and problems
noted.
16. User Training. CRW trains CLIENT users as provided in this
Agreement.
17. Fourth Payment Due. $ 21,500 (one-fourth of cost of items 3, 4, 5, 6, 7,
8 and 9 of Exhibit C).
Payment due upon billing from CRW and successful completion of Steps 14
to 16 above.
18. On-Site Go-Live Support and Web interface
CRW assists CLIENT in cut-over to live operation.
19. Fifth Payment Due. $40,000 (Software cost of item 2 on Exhibit C)
Payment due upon billing from CRW and successful completion of Step 18.
EXHIBIT C
COST DETAIL
PROJECT COSTS
1. Application Module Name: Traklt
Includes: PermitTrak, CodeTrak, BusinessTrak, ProjectTrak,
CRM, LandTrak, AECTrak, and Reports
2. Software Costs: Ten (10)Concurrent Users–End Users
&Administrators..................................................................$ 40,000
3. Installation, Implementation and Project Management Costs.................................$ 44,500
As follows:
— Installation of PermitTrak, CodeTrak,
BusinessTrak&ProjectTrak, CRM Trak, Inspections,
LandTrak and Reports modules
— Implementation of all Trakit Modules except BusinessTrak
and ProjectTrak
— Configuration of PermitTrak, Inspections, and Reports modules
— CodeTrak configuration will be identical to, and
copied from City of Millbrae; no additional configuration
or setup for CodeTrak is provided
— Business license interface will be similar to CRW
implementation in City of Redwood City;procedure and
scripts will be copied as were established with Universe
software in Redwood City
a. Kick-off Meeting (1 day,2 CRW Staff– $ 2,500)
b. Project meetings on-CLIENT site (6 days, 1 CRW Staff– $ 6,000)
c. System Configuration and Setup of
basic control tables (40 days, 1 CRW Staff- $25,000)
d. System Installation (1 day, 1 CRW Staff- Included in (a)
e. Software Customization (8 days, 1 CRW Staff- $ 6,000)
f Go-Live Support (2 days, 2 CRW Staff- $ 5,000)
4. Data Conversion 30 days, 1 CRW Staff................$12, 500
5. End-User Training 5 days, 1 CRW Staff................ $10,000
6. System Administrator Training(Registration for 2 CLIENT Staff) ................ $ 3,000
7. Report Writing Training(Registration for 2 CLIENT Staff) ............................ included in (6)
8. eTrakit Web Interface License, Installation, and Configuration........................ $10,000
Web Interface Implementation implement at GoLive .............................. $ 1,000
9. Travel and other expenses for CRW Staff inclusive ......................................... $ 5,000
TOTALPROJECT COST .......................................................................... $126,000
ANNUAL MAINTENANCE,AND UPGRADE/UPDATE COSTS FOR TRAKIT
1. First 12 months following System Acceptance ............................................. No Cost
2. Second 12 months following System Acceptance ......................................... $ 8,000
3. Third 12 months following System Acceptance ............................................ $ 8,000
4. Fourth 12 months following System Acceptance .......................................... No more than
$ 8,640
5. Fifth 12 months following System Acceptance .............................................. No more than
8%more than
previous 12
months
ANNUAL MAINTENANCE,AND UPGRADE/UPDATE COSTS FOR eTRAKIT
1. First 12 months following System Acceptance ............................................. No Cost
2. Second 12 months following System Acceptance ......................................... $ 1,000
3. Third 12 months following System Acceptance ............................................ $ 1,000
4. Fourth 12 months following System Acceptance .......................................... No more than
$ 1,080
5. Fifth 12 months following System Acceptance .............................................. No more than
8%more than
previous 12
months
UNIT PRICES FOR OPTIONAL ITEMS
Although not included in the Project, CRW offers the following optional additional items to the
CLIENT at the following prices for twelve(12)months following the Commencement Date. If any of
these items are desired by the CLIENT at any time,a written change order or agreement shall be
required to authorize their installation, configuration,and implementation:
1. MobileTrak License, Configuration, and Implementation............................... $15,000
2. IVR Interface License, Configuration,and Implementation............................ $ 5,000
3. Observer-only License ..................................................................................... $2,500 for 5
observers
EXHIBIT D
SOFTWARE LICENSE AGREEMENT
This perpetual License Agreement for the use of"Community Development Software"(Software)
developed and marketed by CRW is granted to CLIENT by CRW as of the date of this Agreement.
SUMMARY OF LICENSE TERMS
1. Software is marketed by CRW under the title of"Trak It"and"eTrakif
2. Software provided to the CLIENT under this License allows the CLIENT to perpetually use,not own,
the software.
3. Software is provided to the CLIENT as a multi-user, concurrent access license. The designated
number of concurrent Users/Administrators/Observers for this license is Ten(10). CLIENT is permitted
to install Software on any and all workstations owned or controlled by the CLIENT. Software will allow
a designated number of concurrent users to access the databases maintained by Software. Users
attempting to access the system databases with Software after the designated number of concurrent users
is logged on will be prohibited from logging on.
4. This software license shall not be sub-licensed,re-sold, assigned,transferred or otherwise distributed
by the CLIENT to any other person,company or organization without the written authorization of CRW.
5. This Software,including any and all modifications,upgrades and bug fixes, is protected by the
copyright laws of the United States and international copyright treaties. Unauthorized copying of the
Software, including software that has been modified,merged or included with the Software, or the
associated written materials(the "Documentation") is expressly forbidden. CLIENT may not remove,
obscure, or alter any notice of patent,copyright,trademarks,trade secret or other proprietary rights in the
Software. The Title,ownership rights, and intellectual property rights in and to this Software shall
remain with CRW.
6. CRW has made reasonable checks of the Software to confirm that it will perform in normal use on
compatible equipment substantially as described in the specifications for the Software. However,due to
the inherent nature of computer software,neither CRW nor any individuals involved in the development
or installation of the Software warrant that the Software or the Documentation is completely error free,
will operate without interruption, is compatible with all equipment and software configurations,or will
otherwise meet your needs.
7. CRW warrants that it has good title and all proprietary rights to the Software to enable it to license its
use to CLIENT free of any proprietary rights of any other party or any other encumbrance.
8. CRW warrants that its Software will perform in the manner described in the Agreement documents
including CRW's Response to the CLIENT's RFP,hereby incorporated by reference as if fully contained
herein and any other written user documentation for the version installed.
9. This Warranty shall commence upon date of acceptance by CLIENT as defined by Exhibit F attached
hereto.
10.Neither CRW nor any of the people or companies involved in providing this license to the CLIENT
may be held liable for any incidental or consequential damages caused by failures or faults of the
software or its functions.
11. CRW's sole responsibilities with respect to error corrections will be to correct any defects or errors
in the Software or its functions,which are brought to the attention of CRW by the CLIENT.
12. This License Agreement will remain in effect until CLIENT returns Software to CRW, or until
CLIENT destroys Software.
EXHIBIT E
SYSTEM ACCEPTANCE TESTING
1. CLIENT shall commence System Acceptance tests upon written notification from CRW that system
software and database conversion has been installed,configured,modified, and is ready for System
Acceptance testing as shown in Exhibit B, step 15. Testing shall be conducted at CLIENT site,using
CLIENT computer hardware. CLIENT staff will conduct all System Acceptance Testing.
2. CLIENT shall be allowed a period of sixty(60)business days for System Acceptance Testing,
beginning from the date of notification as provided in paragraph 1 above, and continuing,and
completed, as provided in paragraphs 3 and 4 below. CLIENT shall immediately advise CRW, in
writing,of any error, or perceived error,discovered at any time during the testing period.
3. Upon delivery of written notification from CLIENT to CRW of a software system or database
conversion error, or other problem,has occurred, CRW shall have ten(10)business days to address and
correct such error so as to render the system operable. CRW shall provide written notice to CLIENT that
the error has been corrected. During the time period between notification of any error until to such time
that CRW advises CLIENT of correction of such error the sixty(60)day System Acceptance test period
shall be suspended. The sixty(60)day System Acceptance test period shall resume upon notice by CRW
that the previously noticed errors have been corrected and once the corrections have been made available
to the CLIENT.
4. CRW shall provide written notice to CLIENT when the sixty(60)day System Acceptance test period
has expired. Thereafter,CLIENT shall have five(5)business days to provide CRW with written notice
of any remaining errors or problems. ACCEPTANCE SHALL BE DEEMED TO HAVE OCCURRED
AT THE LATEST OF THE FOLLOWING DATES: (a)THE DATE WRITTEN NOTICE IS
PROVIDED BY CRW TO CLIENT THAT THE FINAL PROBLEMS IDENTIFIED BY CLIENT
PURSUANT TO THIS SECTION HAVE BEEN CORRECTED, OR(b)THE DATE OF NOTICE BY
CRW TO CLIENT INDICATING THAT THE ACCEPTANCE TESTING PERIOD HAS EXPIRED.
5. CLIENT may not begin to use the software for productive use prior to completion of the System
Acceptance tests. If CLIENT begins using software for productive use prior to completion of the System
Acceptance test,then the system acceptance test will be deemed completed and satisfactory"Productive
Use"shall include the issuance of any building permits, inspections and/or fee collection from the
general public.
EXHIBIT F
SOFTWARE ESCROW AGREEMENT
Date of Agreement: November 21, 2003 Escrow No.5794-MB
EscrowTech: EscrowTech International,Inc. Tel.: (801) 852-8202
C7 Data Center Building Fax: (801) 852-8203
333 South 520 West - Suite 230
Lindon,UT 84042
Owner. CRW Systems Inc.(dba CRW Associates) Tel.: (858)451-3030
16980 Via Tazon#320 Fax: (858)451-3870
San Diego,CA 92127
1. Software and Establishment ofEscrow. to Owner and the licensee of receipt of the
Owner owns, or has the right to license or Beneficiary Registration Form.
distribute,the"Software"identified in Exhibit A.
By this Agreement, Owner establishes an escrow
4. Deposit Materials. Owner shall deposit
of "Deposit Materials" (see Exhibit A) for the the "Deposit Materials" (including "Updates")
Software(the"Escrow"). into the Escrow by delivering to EscrowTech the
2. Beneficiaries. Each licensee of the Deposit Materials described in Exhibit A. Owner
Software who registers under Section 3 shall be a warrants that it has the right to provide the Deposit
"Beneficiary." Materials to EscrowTech for the purposes of this
Agreement and shall indemnify EscrowTech
3. Registration. To register a licensee against, and hold it harmless from, any claim to
the contrary by a third party.
as a Beneficiary with EscrowTech:
(a) Owner and the licensee will complete 5. Encryption and Reproduction. Owner
and execute EscrowTech's then-current warrants that none of the Deposit Materials will be
Beneficiary Registration Form. encrypted or password protected and that all of the
Deposit Materials will be in a readable and
(b) The completed and executed useable form(for purposes of the Permitted Use-
Beneficiary.Registration Form will be submitted see Section 14)and will be readily reproducible by
to EscrowTech. EscrowTech for copying as needed under this
Agreement(see,e.g., Section 13). Exception: If
(c) EscrowTech will give written notice Deposit Materials are transmitted electronically to
EscrowTech via FTP or other electronic responsibility to ensure that the Deposit Materials
transmission method accepted by EscrowTech, provided by Owner(including,without limitation
then such Deposit Materials may be in an those on any electronic media - e.g., CD-ROMs,
encrypted format that is acceptable to EscrowTech magnetic tapes, etc.) are provided in a
and that can be decrypted by EscrowTech and reproducible form.
stored in an unencrypted format on physical media
(e.g.,a CD ROM). It is Owner's responsibility to (e) Verification. EscrowTech is not
provide any decryption tools/keys,passwords,and responsible for verifying the completeness,
information needed for decryption. It is not accuracy,suitability,state,format,safety,quality,
EscrowTech's responsibility to discover if any of or content of the Deposit Materials. However, at
the Deposit Materials are encrypted or password the request of any Beneficiary or Beneficiaries,
protected or to provide de-encryption tools/keys, EscrowTech may conduct technical verifications
passwords or information needed for decryption. of Deposit Materials for such Beneficiary or
Beneficiaries in accordance with a Technical
6. Updates. Owner shall update the Verification Addendum to this Agreement. The
Escrow by delivering to EscrowTech Updated requesting Beneficiary or Beneficiaries must pay
Deposit Materials ("Updates") as described in EscrowTech's then-current fees plus expenses for
Exhibit A. Updates shall be part of the"Deposit the technical verifications.
Materials."
(f) Designated Beneficiary Option. If
7. Deposit Procedure. Deposit Materials certain Deposit Materials apply only to one
shall be delivered by Owner to EscrowTech in Beneficiary(e.g.,the Software is customized for a
accordance with EscrowTech's then-current given Beneficiary),then Owner has the option of
deposit procedures. Duplicate copies (i.e., two depositing such Deposit Materials only for that
sets) of all Deposit Materials in reliable storage Beneficiary. In making a given deposit of Deposit
media should be delivered by Owner, but Materials, Owner may designate the Beneficiary
EscrowTech is not responsible if Owner fails to in the Deposit Inventory Form. Only the
comply with this. designated Beneficiary will have escrow rights
(and potentially release rights) with respect to
(a) Deposit Inventory Form. Owner will these Deposit Materials. Except for this
submit with the Deposit Materials a completed restriction, the other terms and conditions of this
Deposit Inventory Form. Such Deposit Inventory Agreement shall apply thereto. It is the
Form shall be a representation by Owner to each responsibility of Owner to clearly indicate the
Beneficiary and EscrowTech that the Deposit designated Beneficiary. Owner may designate
Materials conform to the descriptions and more than one Beneficiary,and in such case each
identifications in the Deposit Inventory Form. of the designated Beneficiaries will be a
designated Beneficiary as described above. The
(b) Confirmation. To confirm receipt of Beneficiary Fee for each designated Beneficiary
the Deposit Materials, EscrowTech will mail or will be increased as provided in Exhibit B.
otherwise deliver a copy of the Deposit Inventory
Form to Owner and each Beneficiary. 8. Replacement of Obsolete Deposit
Materials. Owner may identify for EscrowTech
(c) Deficiency. If a Beneficiary believes any Deposit Materials which become obsolete,
that the Deposit Materials, as identified in the outdated or redundant and instruct EscrowTech to
Deposit Inventory Form, are deficient (e.g., destroy or return the identified Deposit Materials.
incomplete or inadequate)or if there is some other Such identification shall be made in writing and
problem,then the Beneficiary shall notify Owner must be consistent with the labeling and
and resolve the matter with Owner. It is Owner's identification used by Owner when the Deposit
responsibility to deposit all required Deposit Materials were delivered to EscrowTech or be
Materials. otherwise understandable to EscrowTech. The
instructions to EscrowTech must be accompanied
(d) Reproducible. It is Owner's by written permission from each affected
Beneficiary for EscrowTech to destroy or return Condition"described in the applicable Beneficiary
the identified Deposit Materials in accordance Registration Form occurs. The following release
with Owner's instructions. The "Deposit procedure shall apply:
Materials"shall cease to include any destroyed or
returned Deposit Materials. (a) Notice to EscrowTech. The Beneficiary
shall give written notice to EscrowTech
informing EscrowTech that the Release
9. License Agreement. Owner and each Condition has occurred, and shall request
Beneficiary have entered into one or more EscrowTech in writing to release the Deposit
agreements identified in the Beneficiary's Materials to Beneficiary.
Registration Form that relate to the Software. For
that Beneficiary, such agreement(s) is (are) (b) Notice to Owner. EscrowTech shall
referred to herein as the "License Agreement." then promptly send written notice to Owner of
This Software Escrow Agreement is the Beneficiary's notice and request for release.
"supplementary"to the License Agreement within Such notice will be sent by a"next day"or
the meaning of Section 365(n) of the U.S. "overnight"or"priority"or"express"delivery
Bankruptcy Code (11 U.S.C. 365(n)). If this service(e.g.,Federal Express,UPS,U.S.
Agreement and/or the License Agreement are/is Express Mail, etc.)or will be delivered
rejected by Owner as a debtor in possession or a personally.
trustee or by any other person or entity under the
U.S. Bankruptcy Code,then the Beneficiary may (c) Release and Waiting Period. Unless
elect to retain its rights as provided in Section there is a timely dispute or objection as provided
365(n). The Parties intend that no bankruptcy or in Section 11 (d)below,EscrowTech shall
bankruptcy proceeding,petition,law or regulation release the Deposit Materials to the Beneficiary
(and no other proceeding, petition, law or promptly after expiration of the Waiting Period.
regulation of a similar nature in any state or The"Waiting Period"shall be two weeks,
foreign jurisdiction)will impede,delay or prevent beginning on the date that the notice is sent by
the release of Deposit Materials to a Beneficiary in EscrowTech to Owner.
accordance with the provisions of this Agreement,
and Owner hereby conveys and licenses to
EscrowTech such rights (including intellectual (d) Dispute. If Owner disputes the
property rights) as are necessary to allow Beneficiary's right to the Deposit Materials or
EscrowTech to lawfully make such release and otherwise objects to their release,then Owner
perform this Agreement. This license is granted must give written notice of such dispute or
as of the date of this Agreement and shall predate objection to EscrowTech prior to the conclusion
of the Waiting Period. If EscrowTech receives
any bankruptcy petition subsequent to such date. such timely notice of dispute or objection,
10. Embodiments oflntellectual Property. EscrowTech will not release the Deposit
The Parties agree that the Deposit Materials are an Materials to the Beneficiary until the dispute is
"embodiment"of"intellectual property"as those resolved by Owner and the Beneficiary in
terms are used in Section 365(n) of the U.S. accordance with Section 19 or by court order.
Bankruptcy Code (11 U.S.C. 365(n)). The Such resolution will determine whether or not
tangible Deposit Materials and any copies thereof the Beneficiary is entitled to receive the Deposit
made by EscrowTech in accordance with this Materials. EscrowTech has no obligation to
Agreement are owned by EscrowTech, but such determine whether or not the Beneficiary is
ownership does not include ownership of any entitled to the Deposit Materials.
copyrights or other intellectual property in or to
the Deposit Materials. (e) Partial Release. If Owner believes that
the Beneficiary is entitled to a release of only a
11. Release ofDeposit Materials-Request portion of the Deposit Materials(e.g.,Deposit
of Beneficiary. A Beneficiary will be entitled to Materials corresponding to unlicensed versions-
receive the Deposit Materials if the "Release see(f)below), it is the responsibility of Owner
to indicate this in a written notice to Registration Form ("Permitted Use"). Owner
EscrowTech and to clearly identify in such hereby licenses the Beneficiary to practice the
notice the portion of the Deposit Materials that Permitted Use. Although Beneficiary is not
should be released to the Beneficiary and what entitled to receive any Deposit Materials until
should not be released. This notice must be after a release under this Agreement, this
given promptly and must be received by Permitted Use license is granted as of the date the
EscrowTech within the above Waiting Period. applicable Beneficiary Registration Form is first
If the Beneficiary believes that it is entitled to signed by Beneficiary or Owner and shall predate
more than said portion of the Deposit Materials, any bankruptcy petition subsequent to such date.
then this dispute shall be resolved in accordance If this Agreement and/or the License Agreement
with Section 19. are/is rejected by Owner as a debtor in possession
or by a trustee or by any other person or entity
(f) Unlicensed Versions. A Beneficiary is under the U.S. Bankruptcy Code, then the
not entitled to receive Deposit Materials Beneficiary may elect to retain this Permitted Use
corresponding to Software versions not licensed license as part of the rights it may retain in
or provided by Owner to Beneficiary. [For accordance with Section 365(n) of the U.S.
example,if the Deposit Materials correspond to Bankruptcy Code. This shall not negate,prejudice
versions 1.0,2.0,2.1 and 3.0 of the Software, or limit any other rights which the Beneficiary
but only versions 2.0 and 2.1 are licensed to the may have.
Beneficiary, then the Beneficiary is only entitled
to a release of the Deposit Materials 15. Fees. EscrowTech shall receive the
corresponding to versions 2.0 and 2.1.] If following fees and payments:
applicable, it is the responsibility of Owner
under(e) above to inform EscrowTech of the (a) Annual Fee. Beginning on the date of
specific Deposit Materials which should not be this Agreement and on each anniversary thereafter
released to the Beneficiary. In the absence of until termination of the Escrow, Owner shall pay
such information, EscrowTech may release all of an Annual Fee to EscrowTech in accordance with
the Deposit Materials in the Escrow or all of the the Fee Schedule(Exhibit B). The Annual Fee is
Deposit Materials requested by the Beneficiary payable at the beginning of the contract year to
under(a) above. which it is applicable.
12. Release of Deposit Materials-Owner's (b) Beneficiary Fees. For each
Instruction. Upon receipt of notice and Beneficiary, the Beneficiary Fee will be paid to
instruction from Owner and the receipt of the EscrowTech in accordance with the Fee Schedule
Release Fee,EscrowTech shall release the Deposit (Exhibit B). The Beneficiary Fee is first payable
Materials to the Beneficiary designated in the at the time of registration. This entitles the
instruction. Beneficiary to registration for the remainder of the
contract year in which the Beneficiary Fee is paid.
13. Copies. Because there are multiple Thereafter and until the Beneficiary ceases to be a
Beneficiaries under this Escrow,any Deposit `Beneficiary" (see Section 16), the Beneficiary
Materials released to Beneficiaries under this Fee will be paid to EscrowTech in advance for
Agreement may be in the form of copies of the each subsequent contract year. "Contract years"
Deposit Materials. EscrowTech may copy the are based on the date of this Agreement and
Deposit Materials for the purposes of this anniversaries thereof.
Agreement. Such copies shall be considered
Deposit Materials for the purposes of this (c) Excess Update Fee. Four Updates to
Agreement. the Escrow per contract year are included at no
extra charge. If more than four Updates are made
14. Use of Released Deposit Materials. in a contract year, Owner shall pay the Excess
Deposit Materials released to a Beneficiary under Update Fee (see Exhibit B) to EscrowTech for
this Agreement may only be used by the each extra Update. Any deposits of Deposit
Beneficiary as permitted in its Beneficiary Materials for designated Beneficiaries under
Section 7(f) shall be deemed Updates for the Owner will give written notice thereof to
purpose of this Excess Update Fee. EscrowTech. If such notice is given by Owner,
but not the Beneficiary,then EscrowTech may
(d) Release Fees. Each Beneficiary send notice thereof to Beneficiary and if
requesting a release of any Deposit Materials EscrowTech does not receive a written objection
under Section 11 shall pay the Release Fee (see from Beneficiary within three weeks after the
Exhibit B) to EscrowTech. If any Deposit date of EscrowTech's notice,then EscrowTech
Materials are released to a Beneficiary at the may terminate the Beneficiary's registration.
instruction of Owner under Section 12, Owner
shall pay the Release Fee to EscrowTech. (c) The Beneficiary breaches this
Agreement and does not cure such breach within
(e) Excess Storage Charges. If the storage 30 days of written notice of such breach, and
requirement for the Deposit Materials exceeds two EscrowTech gives notice of termination to the
cubic feet, then Owner will pay the Excess Beneficiary.
Storage Charge(see Exhibit B).
(d) The Escrow terminates.
(f) Increases. The fees set forth in Exhibit
B are fixed for the first three years of this EscrowTech will have no obligation or liability
Agreement. Thereafter, fees are subject to to the Beneficiary after termination of its
reasonable increase by EscrowTech upon written registration. Termination of a Beneficiary's
notice. EscrowTech's then-current fees shall be registration shall not affect the other
payable. Beneficiaries.
(g) Costs. Each Beneficiary shall pay
EscrowTech for reasonable costs incurred by 17. Termination of Escrow. Subject to
EscrowTech in releasing, copying and delivering Section 18, this Escrow may be terminated by
the Deposit Materials to the Beneficiary. All either Owner or EscrowTech upon 90 days
other out-of-pocket costs reasonably incurred by advance written notice of termination to the other
EscrowTech in connection with this Agreement Party and to the Beneficiaries. Termination will
are reimbursable by the applicable Beneficiary and not be effective until the end of the 90 day period
Owner to EscrowTech. Costs are not included in (and any extension pursuant to Section 18). If a
the above fees and are payable in addition to the Release Condition occurs and EscrowTech is
above Fees. given written notice thereof under Section I I(a)
prior to the date of termination, then the Escrow
16. Termination of Beneficiary's will not terminate without the written consent of
Registration. A Beneficiary's registration will the affected Beneficiaries. Upon termination of
terminate and the Beneficiary will cease to be a the Escrow,the following shall apply:
"Beneficiary"under this Agreement if any of the
following occurs: (a) EscrowTech shall either return the
(a) The Beneficiary gives written notice Deposit Materials to Owner or destroy the
of such termination to EscrowTech. Deposit Materials,whichever Owner requests.
If destruction is requested, EscrowTech will
certify in writing to Owner that such destruction
has occurred.
(b) The Beneficiary's License Agreement
terminates. [If the License Agreement consists (b) EscrowTech shall have no obligation or
of more than one agreement and if less than all liability to Owner or any Beneficiary after
such agreements terminate,then the License termination.
Agreement shall consist of the unterminated
agreements and the Beneficiary shall continue as (c) Termination of the Escrow shall not
a`Beneficiary"under this Agreement.] In the affect any rights and licenses granted to
event of such termination,the Beneficiary and EscrowTech or a Beneficiary with respect to
Deposit Materials released to (or which should Owner as a party to such dispute. The institution
be released to)the Beneficiary because of a of any arbitration proceeding hereunder shall not
Release Condition occurring prior to the date of relieve any Party of its obligation to make
termination. payments under this Agreement. The decision by
the arbitrator shall be binding and conclusive upon
18. Establishment of Substitute Escrow. the Parties, their successors, assigns and trustees
During the 90 day period under Section 17,Owner and they shall comply with such decision in good
shall establish a substitute escrow of the Deposit faith, and each Party hereby submits itself to the
Materials with a third party escrow agent for the jurisdiction of the courts of the place where the
benefit of each Beneficiary. The substitute escrow arbitration is held, but only for the entry of
must be approved by the Beneficiary, but such judgment or for the enforcement of the decision of
approval will not be unreasonably withheld or the arbitrator hereunder. Judgment upon the
delayed. If necessary,this matter shall be resolved award may be entered in any court having
in accordance with Section 19. If more than 90 jurisdiction.
days is needed to establish the substitute escrow
and if EscrowTech receives written notice from 20. Protection of Deposit Materials.
Owner or a Beneficiary of such need prior to the EscrowTech shall keep the Deposit Materials
end of such 90 days,then the 90 day period under delivered to it in secure storage and shall keep the
Section 17 shall be extended as reasonably contents thereof confidential. If any of the
necessary and the Escrow shall not terminate until Deposit Materials are damaged, destroyed or lost
EscrowTech receives written notice from Owner by fire, theft, accident, or other mishap or cause,
that the substitute escrow has been established and Owner shall promptly submit to EscrowTech such
approved. Owner has no obligation to establish a Updates or replacements as are necessary to
substitute escrow if all License Agreements for all replace the damaged, destroyed or lost Deposit
Beneficiaries have terminated or if none of the Materials. There shall be no Excess Update Fees
Beneficiaries request a substitute escrow within charged for such Updates or replacements.
three weeks after an written inquiry thereof from
Owner to each Beneficiary. 21. Indemnification. In the event that
EscrowTech takes any action or inaction at the
19. Dispute Resolution. In the event of any request or demand of Owner or a Beneficiary,then
dispute between any two or more of the Parties the Owner or Beneficiary making such request or
relating to this Agreement or the Escrow, they demand shall indemnify and hold harmless
shall first seek to settle the dispute by mutual EscrowTech and its directors,officers,employees,
agreement. If they have not reached a settlement shareholders,and representatives from and against
within one week, then any disputing Party may any and all liabilities, claims, judgments,
thereafter submit the dispute to arbitration,and if damages,losses and expenses,including attorneys'
so submitted, such dispute shall be finally settled fees, arising out of or relating to such action or
by arbitration conducted in accordance with the inaction.
commercial arbitration rules of the American
Arbitration Association or its successor. The 22. Depository Only. EscrowTech acts
disputing Parties shall attempt to mutually agree hereunder as a depository only and is not
upon a neutral arbitrator. If the disputing Parties responsible or liable for the completeness,
cannot reach such agreement, they shall request accuracy,suitability,state,format,safety,quality,
the American Arbitration Association or its content, sufficiency, correctness, genuineness or
successor to designate a neutral arbitrator. Any validity of the Deposit Materials or any document
arbitration involving EscrowTech as a party shall submitted to EscrowTech or the execution of the
be conducted in Salt Lake City, Utah. Any same or the identity, authority, or rights of any
arbitration to which EscrowTech is not a party person executing or depositing the same.
shall be conducted in Owner's city as indicated at EscrowTech is not responsible for any loss of
the beginning of this Agreement. This Section Deposit Materials due to defective, outdated, or
does not apply to any dispute between two unreliable storage media (e.g., CD ROMs,
Beneficiaries that does not include EscrowTech or magnetic tape, disks, etc.) or for the degradation
of storage media. this Agreement is the wording chosen by the
Parties to express their mutual intent, and no rule
23. Uncertainty. Notwithstanding anything of strict construction shall be applied against or in
in this Agreement to the contrary, if EscrowTech favor of any Party. Section headings are for
is uncertain as to any duty,obligation,demand,or convenience only, and do not limit or affect the
right,EscrowTech may hold the Deposit Materials provisions of this Agreement or their
and refrain from taking any action and wait for a interpretation.
final resolution under Section 19 or a court order.
29. Entire Agreement. This Agreement
24. Reliance. EscrowTech shall not incur constitutes the entire agreement of the Parties
any liability in acting upon any notice, request, relating to the Escrow. This Agreement sets forth
waiver, consent, receipt or other paper or all the duties and obligations of EscrowTech with
document believed by EscrowTech to be genuine respect to any and all matters relating to this
and to be signed by the proper party or parties,or Agreement,the Escrow or the Deposit Materials.
in acting upon any resolution under Section 19 or EscrowTech has no implied duties or obligations.
any court order.
30. Force Majeure. Except for obligations
25. Extraordinary Services. In addition to to make payment,no Party shall be liable for any
the fees and charges for the usual services of failure to perform arising from causes beyond its
EscrowTech under this Agreement(see Section 15 control, including,but not limited to, fire, storm,
and Exhibit B), EscrowTech shall be entitled to flood, earthquake, explosion, accident, theft,
additional reasonable compensation should terrorism, acts of public enemies, war,
EscrowTech be requested or required to perform insurrection, sabotage, illness, labor disputes or
any additional or extraordinary service; and shortages, product shortages, failure or delays in
EscrowTech shall be reimbursed for any out-of- transportation, inability to secure materials,parts
pocket expenses (including, without limitation, or equipment, acts of God, or acts of any
travel expenses and fees of counsel) reasonably governmental authority or agency thereof.
incurred in connection with such additional or
extraordinary services. Extraordinary services 31. Governing Law. This Agreement, the
include,but are not limited to,any involvement of Escrow and the relationship of EscrowTech with
EscrowTech, at the request or demand of Owner Owner and each Beneficiary shall be governed
or a Beneficiary, in any arbitration or litigation and construed under and in accordance with the
between Owner and the Beneficiary. laws of the state of Utah without regard to conflict
of laws principles. Furthermore, in the event of
26. Disclaimer. ESCROWTECH MAKES NO any litigation or arbitration between EscrowTech
WARRANTY NOT EXPRESSLY SET FORTH and Owner or between EscrowTech and any
HEREIN. ANY IMPLIED WARRANTIES ARE Beneficiary,such litigation or arbitration shall be
DISCLAIMED AND EXCLUDED BY ESCROWTECH. conducted exclusively in Salt Lake City,Utah and
27. Limitation on Liability. FOR ANY AND the Parties hereby agree and submit to such
ALL CLAIMS AND CAUSES OF ACTION Jurisdiction and venue.
(INCLUDING WITHOUT LIMITATION BREACH OF
CONTRACT, TORT, MALPRACTICE, ETC.), 32. Notices. All notices under this
ESCROWTECH'S AGGREGATE LIABILITY TO Agreement shall be in writing and shall be
OWNER AND THE BENEFICIARIES SHALL NOT delivered to the address indicated for the intended
EXCEED THE TOTAL FEES PAID TO
ESCROWTECH UNDER THIS AGREEMENT. IN NO Party at the beginning of this Agreement or,in the
EVENT SHALL ESCROWTECH BE LIABLE FOR case of a Beneficiary, on Beneficiary's
ANY CONSEQUENTIAL, INCIDENTAL, Registration Form,or to such substitute address as
EXEMPLARY,SPECIAL,OR PUNITIVE DAMAGES any Party may designate for itself by proper notice
OR LOSS OF PROFITS,REVENUES OR BUSINESS, to the other Parties. It is the responsibility of
EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
each Party to keep the other Parties informed of its
28. Interpretation. The wording used in address and telephone and fax numbers (except
that a Beneficiary is not obligated to keep other
Beneficiaries informed of this information). other affected Parties a copy of the successor's
written agreement to accept or assume this
33. Modification. This Agreement may Agreement.
only be modified, amended or rescinded by a
writing signed by all affected Parties. 35. Execution. This Agreement may be
executed in any number of counterparts, each of
34. Assignment. This Agreement may be which shall be deemed an original, but all of
assigned by a Party to a successor who acquires which taken together shall constitute one and the
substantially all of such Party's business assets same instrument. The persons signing below
relevant to the subject matter of this Agreement. represent that they are duly authorized to execute
The assigning Party shall give notice thereof to the this Agreement for and on behalf of the Party for
other affected Parties and shall deliver to such whom they are signing.
SOFTWARE ESCROW AGREEMENT
BENEFICIARY REGISTRATION FORM
Owner: CRW Systems,Inc Escrow No. 5794-MB
Beneficiary: City of Burlingame, California Tel.:
Fax:
Contact:
E-Mail:
This Beneficiary Registration Form applies to the above-identified Escrow and the Software Escrow
Agreement dated November 21,2003 to which Owner and EscrowTech International,Inc.("EscrowTech")
are parties (the"Escrow Agreement').
Owner and Beneficiary have entered into one or more other agreements identified below:
AGREEMENT FOR THE INSTALLATION AND USE OF
PERMIT,PLANNING and CODE ENFORCEMENT SOFTWARE
Such agreement(s)(including addendums or amendments thereto,if any)is(are)referred to in the Escrow
Agreement as the"License Agreement."
Beneficiary has received and reviewed a copy of the Escrow Agreement. Beneficiary agrees to the terms and
conditions of the Escrow Agreement and is hereby made a Party thereto. Beneficiary is entitled to the rights
and benefits of a"Beneficiary"under the Escrow Agreement and accepts the obligations of a`Beneficiary"
under the Escrow Agreement.
Appendix 1, attached hereto, is part of this Beneficiary Registration Form and describes the Release
Condition and Permitted Use applicable to the Beneficiary under the Escrow Agreement.
Date of this Beneficiary Registration:
ACCEPTED AND AGREED TO BY BENEFICIARY AND OWNER:
Beneficiary: Owner:
Authorized Signature Authorized Signature
For EscrowTech Only!
Date Received by EscrowTech: EscrowTech Signature:
BENEFICIARY REGISTRATION FORM
APPENDIX 1
RELEASE CONDITION
The Release Condition shall be deemed to have occurred if any of the following is satisfied:
a. Owner files a petition for protection under the U.S. Bankruptcy Code, or an involuntary
petition in bankruptcy is filed against Owner and is not dismissed within 60 days
thereafter.
b. Owner defaults in its obligation to provide maintenance and support services as required by
the License Agreement (or any other contract with Beneficiary), and fails to cure such
default within 10 days after receiving written notice of the default from Beneficiary. The
notice must describe the default and state the action which Beneficiary believes is necessary
to cure the default.
C. Beneficiary becomes entitled to a release of the Deposit Materials (i.e., source code for
the Software)pursuant to the terms of the License Agreement.
PERMITTED USE OF RELEASED DEPOSIT MATERIALS:
In the event that the Deposit Materials are released to Beneficiary,the following shall apply:
a. Beneficiary may only use the Deposit Materials to maintain, modify and enhance the
Software. The maintained, modified and enhanced Software may only be used in
accordance with the License Agreement.
b. Beneficiary may not disclose the Deposit Materials to any third party and shall keep the
Deposit Materials confidential, except as provided below.
C. Beneficiary may engage the services of independent contractors (e.g., computer
programmers or an outsourced maintenance service)to assist Beneficiary in exercising its
Permitted Use rights. Each such independent contractor must agree in writing that it/he/she
will not disclose or transfer the Deposit Materials to any other person,and will not use the
Deposit Materials for any purpose other than to assist Beneficiary in exercising its
Permitted Use rights. These restrictions shall not limit or negate the rights, if any, of the
independent contractor with respect to materials that are similar or identical to the Deposit
Materials and are lawfully received by the independent contractor from a source other than
Beneficiary (e.g., a maintenance service that receives similar or identical materials from
other beneficiaries or licensees).
d. Items a.,b. and c. above are subject to such additional rights or limitations as may be set
forth in a provision, if any,in the License Agreement which addresses use of the released
Deposit Materials by Beneficiary.
The Permitted Use is a fully paid-up license and may not be revoked,terminated or rejected without
Beneficiary's written consent. This Permitted Use license also includes the right to use and copy the
binary, executable and object code versions of the Software and the maintained, modified and enhanced
versions of Software created from or with the Deposit Materials.
EXHIBIT I
SYSTEM AND PERFORMANCE REQUIREMENTS
PERMITS
Division Requirement How Does Traklt Address This?
The proposed system must provide eTraklt Web enables the application to allow access by
fully functioning,web-based capability your customers. Contractors and applicants may obtain
and interface that supplies current permit or project status, apply for permits and
detailed building permit and plan check request inspections and even pay for a permit at any time.
information to the public and to The use of an IVR system will allow access directly from
contractors. any telephone as well.
The proposed system must include data The City can easily create any type of permit.
management capabilities for any type Miscellaneous, specific and multi-use permits are
of permit and the ability to add common. There is no practical limit to the number of
additional permit types as needed. (e.g. permit types and subtypes that may be developed.
Building,plumbing, electrical,
mechanical, signs, entertainment,
business licenses,etc.
The proposed system must assign The City can use different prefixes, each with their own
permit numbers that distinguish numbering sequence,to differentiate between
between types of permits when the department permits records. Ex: BLD0409-0001,
application data is entered. ELE0409-0001,MEC0409-0001, etc.
The proposed system must display data Traklt provides a desktop interface for customizable forms,
entry forms tailored specifically to the legal notices, reports, or other written correspondence.
type of permit application being Everything you need is available on the permit data entry
entered. In addition to providing screen. If there are fields that the City of Burlingame
standard forms for printing, interactive requires exclusively, this data can be tracked using User-
forms for permit application are definable Morelnfo Screens.
required. The general public will interact with the Trakit system
through eTrakit
The proposed system must include data Traklt takes advantage of an integrated database to link
management capabilities for a master all permit applications, inspections,permits,reviews,
permit that will tie together all trade and other activity and people associated with the
permits for a single address, allow address and process.
assignment of an Inspector or
inspection team to a master permit, and
allow access to related trade permits
through the master permit.
PERMITS
Division Requirement How Does Traklt Address This?
The proposed system must include the All of these are searchable fields within PermitTrak.
ability to access information by
address,owner name,permit number, The Find feature allows Users to quickly search for a
assessor parcel number,contractor, permit record and create a user format for locating
issue date, inspector, site or complex records. Use the filter function to search by multiple
names, and common names for the criteria.
property.
The proposed system must have the Temporary parcel numbers may be generated. The
ability to track vacant lots that may not system allows configuration of the number format for
have an assigned address. This means new parcels, such as TMP-00001. Records with
that the system must be able to also temporary parcel numbers are easily counted and
place Restrictions on properties that do located when searching. There is a script available to
not have assigned assessor parcel change temporary parcel numbers easily when
numbers. permanent numbers are assigned.
The proposed system must have the The ability to create duplicate permit applications is a
ability to duplicate part or all of the standard feature of Traklt. This feature is often used
data from one permit record to another for generating multiple permits for a single project
to allow for entering multiple permits (example—re-roof condos,replace water heaters)or for
for one contractor without duplicating generating new permits for tract homes based on a
data entry. ical model permit.
The proposed system must cross- Traklt includes an A/E/C module to monitor Architect,
reference by state license number to Engineer and Contractor information. Contractor
multiple databases to automatically information includes data such as license status,
display contractors', engineers',or insurance status, and any hold that may restrict the
architects'names,addresses and contractor from doing business with The City.
specialties on the permit data entry
form. The contractors',engineers',and The Lookup From function looks up contacts in The
architects'files must be accessible to A/E/C,Property Owners,or Business Owners database.
search by license number,company To retrieve a contact from the Lookup From function,
name, or principal name without first select a database. Then, enter your search criteria.
exiting the data entry form in case the Select the contact you would like to add and double
client does not have the state license click. The contact information will automatically
number. appear in the contact fields attached to the Permit.
PERMITS
Division Requirement How Does Traklt Address This?
The proposed system must be able to Traklt is delivered with 180 standard reports. A
compile a Report showing the total predetermined number of custom reports can be built,
duration of the permit, from based on the City's specifications, during
application to final inspection. implementation.
The proposed system must be able to Any amount of permit types and subtypes may be
provide a designation for each permit defined using Traklt. A permit Status of"Over-the-
that is specified as an "Over-the Counter"may be defined, as well. Several standard
Counter" type of permit. The system reports, showing counts, detail, and/or summary
must have the ability to compile a information are available based on different criteria for
Report showing the total number of specific date ranges.
"Over-the-Counter" permits for any
specified time period.
The proposed system must allow for Traklt includes an A/E/C module to monitor Architect,
entering criteria to determine when Engineer and Contractor information. Contractor
different contractor licenses are information includes data such as license status,
required. From the permit entry form, insurance status, and any hold that may restrict the
the proposed system must use entered contractor from doing business with The City. Rules
data and the criteria to cross-reference may be established to check the status of the contractor
the contractor database and prompt the and automatically notify the user of a problem.
user if required licenses are missing,
expired, or suspended.
The proposed system must allow for CRW will set up initial fee calculations for the City
multiple types of work on one permit, during implementation.
with an entry for quantity and a rating
for each type of work to be used as
multipliers in fee calculations.
The proposed system must use a Business rules can be enforced to make sure all fees are
methodology which assures that paid before permits are issued.
mandatory fees are collected.
The proposed system must calculate Fees can be calculated by any method desired.
fees based on a fee table,type of work,
and quantities.
PERMITS
Division Requirement How Does Traklt Address This?
The proposed system must print a Payments are tracked,receipts issued, reports
receipt,upon payment, that includes generated, and optionally link to Quadrant Systems
Division Requirement How Does Traklt Address This?
accounting codes for different types of matching related accounting codes.
fees.Receipt data must be
automatically exported to the Cash
Register system at the end of each day.
The proposed system must print a Permit forms are custom made to the City's
permit upon payment including specifications during implementation. If desired,
selected data from the permit and plan restrictions can be set to make sure permits will not
review screens. print before fees are paid and issue date is set.
The proposed system must generate Labels are included in the 180 standard reports
and print labels in multiple copies from delivered with Traklt.
selected information in permit entry
forms to be used in labeling plans.___
The proposed system must fill in a date System preferences can be set to make sure the issue
of issuance field upon payment and date is not set until all permit fees are paid.
establish the initial inspection record to
be described in section below. System currently sets date of issuance when the permit
is printed,not just when a payment is made. This is
because payments may be made in stages(for example
the plan review deposit), and date if issue may not
applyto those partial payments.
The proposed system must allow for The Fee module in TrakIt has built in functions to issue
accounting functions and corrections to refunds, apply credits,unpay fees, and delete unwanted
be performed as part of the payment fee items entered by mistake. Fee calculations are
process. This includes correction of automatic but may be overwritten for exceptions. A
fees paid based on a recalculation of Fee Audit History function allows Administrators to
fees due,processing of refunds for see when fees were changed or deleted. This feature
complete or partial fees,the addition of shows the fee item, date and time, amount before and
fees based on an additional scope of after, and the User making the change.
work,payment of fees in multiple
payments, and the payment of fees by
debit accounting.
The proposed system must complete Receipts are issued for each new set of transactions
all of these transactions and print a entered without disturbing previously entered
new receipt without affecting previous transactions. All transactions are recorded in the
payment information for the permit database fee tables. Fees entered by mistake, and
unless the user elects to override unpaid,may be deleted by the User.
previous fee calculations.
PERMITS
Desired Function How Does Traklt Address This?
The proposed system must allow for Fees paid may be removed from cancelled permits by
the cancellation of a permit with issuing a credit or refund. No permit records are
money paid removed from the removed from the system.
record of accounts received and the
suspension of a permit with the money
paid retained in the record of account
received without removing the permit
records from the system.
The proposed system must provide a The ability to tag parcels as historical districts,flood planes,
method for preventing permits from etc. is a standard feature in Traklt. Users are made aware of
being issued to selected addresses the restriction before creating a permit record.
without a higher level of access. The
system should provide a flag to the
user indicating that the address is
restricted(e.g. Historic,Flood Zone,
Hazmat, Stop Work Order,etc.
The proposed system shall maintain Plan Location is a standard feature in Traklt and is used to
reference to bins for plan storage. track the physical location of plans. Bins,rooms,tubes,
Multiple bins may be assigned to plans drawers,buildings,etc.,can be defined to easily locate all
and the bin assignments may change plans. Several Plan Location reports are included in the 180
with time to accommodate different in standard reports delivered with the program.
size assignments, a bin report by both
bin number and street address shall be
used to manage bin use and
availability.
The system must allow the user to set Fees are associated with permit types. Automatic
predetermined fees for a given permit insertion of fees,upon creation of a permit record, is a
type and must automatically input Traklt standard feature.
specified fees when that permit type is
selected.
The system must provide a simple Fees can be changed,added,or deleted in the Fee
method of changing from the old fee Control Table easily at any time.
schedule to the new fee schedule at the
change of fiscal year. This process
must not be labor intensive on the part
of staff.
PERMITS
Desired Function How Does Traklt Address This?
The vendor must verify and certify See Section III
quality assurance for the accuracy of
all information that is put into the
system.
The vendor must perform a double See Section III
check of all information entered into
the system and of all system
components.This double check must
not be performed by the same person
who installed the information or
system component(s).
PLAN REVIEWS
Desired Function How Does Traklt Address This?
The proposed system must include data The system tracks all plan reviews for all departments
management capabilities for tracking by permit number. When scheduling or recording a
plan review by trades, and review review, the user can select the reviewer name,
results from multiple reviewers in department or review type,review sent,due, and
multiple City departments. received date. Users can also enter review results and
comments. Trakit also gives users the option of
viewing multiple review records at one time.
The proposed system must include,at a The review tracking process tracks multiple review
minimum, fields for dates received, types and reviews per permit,with date selections for
reviewed,rejected, or approved for sent,received, and reviewed dates. It also includes
multiple reviewers, a comment area for customizable drop down lists for reviewer names and
each reviewer,reviewers'initials, and a initials,result codes, standard notes and comments by
code reviewer or review type,and the ability to revise review
table of common reasons for rejection. information as needed.
This would also include the updating
of review dates for plan revisions.
The proposed system must be able to All reviews are categorized by project. A standardized
Desired Function How Does Trakit Address This?
track multiple submittals on any given review history report showing all plan review
project and to print a report showing information, including submittal timeline, for that
the submittal timeline. project can be printed.
Plan check staff must have the ability Multiple reviews can be viewed and edited on one
to review each departments plan check screen with through the select other reviews function in
comments from one screen. PermitTrak and ProjectTrak.
City personnel must have the ability to A due date can be set for all reviews that are entered
flag due dates for plan checks. into the system by users.
The proposed system must include, on The main screen for each module displays the building
the plan review screen,building data data. The plan review screen is a smaller sub screen
such as,construction within the same module that is easily accessed with the
type,use group, estimated cost of click of one button.
construction,building dimensions,
occupancy loads, and planning data The Plan Review screen itself does not display the
such as total units,height,number of building data and planning data fields requested(due to
bedrooms and bathrooms, etc. space limitations)however the building and planning
data fields are easily displayed on subsequent screens,
accessed by the `More Info' button.
PLAN REVIEWS
Desired Function How Does Traklt Address This?
The proposed system must provide a The F5 hotkey prints a detailed plan review history
function to'print a report of building report for the project the user is currently looking at.
data with dates and comments from all The report comes complete with information about the
reviewers from the plan review screen. project and all plan review data,to include review dates
and comments from reviewers.
The proposed system shall have the he system can store an unlimited amount of standard
ability to use standard lists of notes categorized by system default notes,reviewer
comments for plan review. name,or review type.
INSPECTIONS
Desired Function How Does Traklt Address This?
The proposed system must include data Inspections may be automatically assigned or
management capabilities for scheduling manually inserted as required. Inspections are
regular inspections and tracking and scheduled with consideration of both the City's and
reporting the results of inspections. Inspector's calendar of availability. The Inspector
enters inspection results and any pertinent comments
or attachments into Traklt. Other departments then
have access to current information as needed.
The proposed system must allow the user A wide variety of dates are included in the Inspection
to input the specific date for which each module in PermitTrak.
inspection is requested.
The proposed system must maintain a All Inspection results are tracked and recorded
history of inspection results. This history indefinitely.
must be maintained in perpetuity for all
inspection types. The proposed system
must be capable of retaining inspection
results of selected types of permits
indefinitely.
The proposed system must include data The Inspection function is included in all program
management capabilities for tracking modules including CodeTrak.
inspections initiated by community
complaints instead of permit
applications.
The proposed system must allow entry of Inspectors may be assigned by location, inspection
inspection requests by permit number for type,or chosen when the record is created. Default
a specific date,type,and time. It must inspectors can be assigned to permits at any time.
automatically reassign the same inspector
to subsequent inspections for the same
permit. It must allow the user to assign
an inspector to each request or to all
inspections requests for one permit.
The proposed system must have the Inspectors may be assigned based on geographical
ability to automatically assign an area.
inspector to a permit or a complaint
based on the assignment of teams or
individuals to a geographic area.
INSPECTIONS
Desired Function How Does Traklt Address This?
The proposed system must allow the Inspectors can enter inspection results as well as
inspectors to enter the results of their standard comments configured in the setup portion of
inspections including items for the software. System-wide standard comments may be
correction. added, as well as comments specific to a certain
inspector.
Inspection comments must allow the Standard comments are configured in the setup portion
inspector to select from predefined of the software. System-wide standard comments may
standard statements. These predefined be added, as well as comments specific to a certain
statements should be grouped to enable inspector.
the system to present appropriate
candidate statements based on the
context of the inspection and its current
phase.
The proposed system must allow on- Each inspection is recorded in detail attached to the
line access to staff of inspections by permit for easy retrieval and display.
inspector,date,inspection type,
address, street number, assessor's
parcel number and must then display a
log of information requested.
The proposed system must print a daily A custom"Inspection Ticket"will be created during
worksheet for each Inspector including implementation. There are a wide variety of Inspection
all scheduled inspections. It must print reports included in the standard reports delivered with
a form for written entry of inspection the program.
results and a checklist of items to be
reviewed specific to the type of
inspection. It must print a report of the
results of previous inspections for the
same address with the inspector's
comments, list of corrections, scope of
work permitted, and contractor name
and address.
PLANNING
NOTE: All or most of the functions requested in this section refer to functions that may be
available in the ProjectTrak module. The City has indicated that CRW will not be implementing
the ProjectTrak modules in this contract.
Desired Function How Does Trakit Address This?
Seamless integration of information with Trakit allows users to seamlessly track all projects
all City departments involved in a project from all City departments through the linking of
records. Users can easily jump from one module to
the next by clicking on the linked or related record.
Assurances that all project conditions are All project conditions can be customized and entered into
identified,completed,and signed off by the system as needed. Five customizable date fields with
the responsible department before project user accountability along with several triggers that can be
final turned on or off ensures the appropriate steps are taken
before a project is finaled
Project applications must have the option Projects can have sub-permits linked to the them,allowing
to be managed and coordinated through users to jump right into the linked permit records from the
the Permit Tracking System Project Trak module and vice versa. This allows users to
manage and coordinate all components of both the permit
and project with ease.
The new Permit Tracking System must The data conversion process converts all permit data
be compatible with our current tracking from your current tracking system to Trakit readable
system. data. This is the only way to ensure compatibility
The proposed system must support the All users are given as many or as few privileges that
multi-functional counter team concept allow them to access different modules and functions
allowing appropriate access to all teams within the system. A user that is given all privileges
for viewing and updating data. can access all modules for review or editing.
The proposed system must provide for Each project has a subscreen for fees attached to it,
automatic flagging and tracking of fees allowing users to add,view, edit,or pay fees from the
associated with a project. subscreen.
Triggers can be turned on to disallow the finalization
The proposed system must assure that all of a project before all fees are paid. Also,once a fee
required project fees are collected. is entered for that project, it will tell the user whether
or not the fee item has been collected.
This trigger is currently not available in ProjectTrak.
The proposed system must provide Project Trak links to LandTrak,which contains the
linkage with the City's GIS system. ESRI site map. The GIS parcel map is derived from
Parcel map information is useful in shape files(shp), and the radius search and query
Desired Function How Does Traklt Address This?
setting geographic boundaries for certain functions in Trakit allows users to set geographic
attributes such as special districts, boundaries.
zoning, and focus areas which must be
used in the permitting analysis. The It is assumed that the City's GIS system is based on
proposed system must support this ESRI base map data.
activity.
PLANNING
NOTE: All or most of the functions requested in this Section refer to functions that may be
available in the ProjectTrak module. The City has indicated that CRW will not be implementing
the ProjectTrak modules in this contract.
Desired Function How Does Traklt Address This?
Every assessor's parcel should be All property data from the county assessor is
included in the Geobase. Further,a converted to Trakit during the initial setup, and can
means to refresh the Geobase,as the be updated through the import utility or through SQL
County creates new parcels, is critical to server..
the ongoing success of the system.
Tree permits need to be included. All permit types are user customizable and can be
added as needed.
The proposed system must allow the The system can accommodate an infinite amount of
input of information by the City arborist. users using the concurrent key system. The City
arborist can be entered as a user,and can be given
user privileges to enter and view information just like
any others stem user.
The proposed system must allow the The integrated search function within Trakit allows
planning department to search building users to search for permit records by several different
permit records by address and assessor's fields. In addition,users can search by up to three
parcel number. fields at a time.
The proposed system must have the The LandTrak module allows users to link to ESRI's
ability to be linked to GIS,but should not Arcview GIS software without directly affecting any
be interdependent. The current GIS of the information between both sides.
Desired Function How Does Traklt Address This?
system must work separately for noticing
and graphic use with other software
programs.
Query function of data(both building The search filter allows users to create customized
permit and parcel data)by different queries for searching for records. Users can search
criteria would be useful such as: type of by fields individually,or they may combine two
permit, date of permit,date of inspection, fields to search by.
status.
Existing permits should be migrated to Historical permit data can be converted to the new
the new system. Further, existing system. Existing conditions on a property are entered
conditions on property must migrate to into LandTrak,migrating them to any new record
new permit applications for the property. application on that property.
PLANNING
NOTE: All or most of the functions requested in this Section refer to functions that may be
available in the ProjectTrak module. The City has indicated that CRW will not be implementing
the ProjectTrak modules in this contract.
Desired Function How Does Traklt Address This?
The proposed system must be able to Several date driven permit activity standard reports
prepare reports on building permit are available for the user to run. Customized reports
activity which include the can also be created as needed. Many of the reports
following queries: are also ad hoc reports,allowing users to select
Finalized building permits different fields to query on for the report.
Open building permits
Address
Type of permit
Detailed project scope It is assumed that the `Size of Parcel' data which will
Size of parcel be queried is tabular data, not spatial. Queries in
Status of open permits Trakit do not access spatial data.
The system must include the ability to Users can locate a planning application by address,
track the status of Planning Applications and opening the record will allow any user to view
Desired Function How Does Traklt Address This?
by address. the details and the status of the application.
ENGINEERING
Desired Function How Does Traklt Address This?
The system must have the capability to The web interface allows contractors and the general
provide secure web-access to the public to track permit statuses and perform other
general public and to contractors in essential functions such as schedule inspections.
tracking the permit status.
Issue,monitor,track,and finalize Permit Types are custom tailored to the City and are
encroachment,transportation,parking, unlimited in the amount of permit types you can have. All
and block party permits. permits are monitored and managed in detail through the
permit tracking system.
Automatically assign permit numbers The system automatically locates the next available permit
for a specific permit. number for a newly created permit.
Customize tailored permit forms for All permit forms are custom tailored to the agency.
various types of permits and activities The information shown on the form is derived from the
data that is inputted into the system,thereby allowing
various types of permits and activities,along with their
detailed information, to be shown on the permit form.
Calculate fees for a specific permit The fee schedule is custom tailored for the City, and
based on the approved fee schedule can be attached to different permit types to increase
and have the ability to modify the fee user friendliness. Fees can be flat fees, calculated fees,
based on changes fees based on other fees, fees based on job valuations,
or fees based on a lookup table.
Data management capabilities for The main permit screen displays all pertinent
various types of permits including data information such as property owner,permit number,
access by various reference type, issue date, approved date, etc. Several other
information such as property owner, details are strategically located within the module for
contractor,type of permit, date of easy access and viewing by the user.
issue, etc.
Desired Function How Does Traklt Address This?
Capability of assigning new property Users can easily assign a new property address by
addresses. either looking it up from the property data search
function,or by entering a new address.
Must work with the City GIS system in All permits with addresses are linked to the property
linking the permits to GIS data and data in LandTrak,where the GIS parcel map highlights
maps. the property. Users can also view all related permits on
this property.
ENGINEERING
Desired Function How Does Trakh Address This?
Fees collected for each permit activity Each fee can be associated with a fee code and an
must be referenced to a Finance account number. Trakit has its own fee collection
Department charge code. Fee collected system, and can provide an interface to the City's
must be automatically reflected on current Finance Department software system for an
Finance Department software system additional cost.
without duplication of work in a
seamless and transparent manner.
Must allow for multiple types of work Each permit record has an unlimited amount of data
on a single permit including fee entry space to allow multiple types of work to be done
collection for the same. on a single permit. Fee collection is based on permit
number, so this would automatically apply if all fees
for all jobs are entered on the same permit.
Must allow for accounting functions Users can override a fee,process a refund, apply a
and corrections as well as credit, or unpay a fee to allow for corrections and
modifications to be performed as part modifications in the accounting department. The fee
of the payment process. This includes payment collection feature also allows users to pay a
correction of fees paid based on are- partial fee,having the balance of that fee appear in the
calculation of fees due,processing for fees due field. All transactions and modifications are
refunds for complete or partial fees, logged into the Fee History for audit tracking purposes.
and the addition of fees based on an
additional scope of work.
Desired Function How Does Traklt Address This?
Must allow for a cancellation of a Users can unpay a fee and delete a permit if given the
permit with money paid removed from correct user privileges.
the accounting system
ENGINEERING
Desired Function How Does Traklt Address This?
Assign parcel map number, initiate User defined data fields allow the tracking of these
processing,review,and finalization of items from start to finish.
subdivision maps.
This function is typically performed in ProjectTrak,
which is not being implemented under this contract.
Assign lot combination or lot-line Several user definable data fields can track these items. Data
adjustment number and processing of types include text,memo,integer,auto generated numbers,
the same. numbers,calculated fields,and drop down lists.
This function is typically performed in ProjectTrak,
which is not being implemented under this contract.
Ability to track project status and All modules allow users to view and track the status of a
access of information for previously project and view all information that is either standard or
approved maps. user defined.
This function is typically performed in ProjectTrak,
which is not being implemented under this contract.
Fee collection based on approved fee The fee schedule is custom tailored for the City and can
schedule and transporting the fee be a flat fee, calculated fee, a fee based on other fee
collected data to Finance Department amounts,a fee based on job valuation,or fees that are
software system without duplication of derived from a lookup table. Fees can be collected
efforts in a seamless manner within the system. Accounting data can be transported
to the Finance Department's software system without
double efforts through an interface. This would be an
additional cost.
ENGINEERING
Desired Function How Does Traklt Address This?
Must include separate menu and log Each permit has its unique tracking system with
for issuing encroachment permits for individual menus, fees, statuses, subtypes and
utility companies,private automatic inspections. Each permit also has a contact
property owners,public agencies, and management feature that allows users to enter up to 11
contractors. contacts per permit.
Must include the ability to schedule Each permit record has an inspection subscreen that allows
inspections and assign staff for users to schedule inspections and assign staff for the
inspection of encroachment permits. inspection for that permit.
Provide for finalizing permit Permit inspection results can be entered individually. Permit
inspections and processing of finalization can be printed on a permit form,a standard
paperwork including refund of bonds. report,or a customized report. Unlimited user defined and
text fields in Permit Trak allow users to track information
relating to bonds and all paperwork that needs to be
completed.
Ability to scan,attach, and provide a The system allows users to attach both text and image
cross reference of the project drawings documents to each individual permit record,having the
to an individual encroachment permit. attachment stored on the server.
Must have the ability to link the GIS When looking up a property in Landtrak through the
database to the activity of any specified parcel map,users can view and link to any of the
Permit. related activity on that property.
Include log sheet menu of private The plan review tracking function allows users to
development plan checks identifying schedule and track the plan review process from start to
staff assigned, date of plans received, finish. This includes the sent date, due date, and actual
and expected date of completion. date received. It also includes the reviewer name and
ID,results and status,attachments, and comments.
Issue standard letters/notification to Any MS word document can be converted to become a
property owners and businesses merge document in the system, cutting down on
regarding code compliance. valuable time that staff spends on typing individual
letters.
ENGINEERING
Desired Function How Does Traklt Address This?
Generate complaint tracking system CRM Trak,which is an extended module of Trakit,
which allows staff to input the tracks all complaints that are received from residents
complaints received from the residents, from start to finish. This invaluable tool allows front
type of complaints,action taken by counter staff to log complaints quickly and effectively.
City, and response to the resident.
Generate reports of various activities The system comes with more than 200 professional
including numbers of permits issued in looking standard reports that are mostly date driven,but
a given time period, fee collected,type may also include several other variables for the user to
of work performed at a given address, select. Customized reports can also be created.
contractors activities, and inspection
activities. In addition the reports must
include reports on complaints,type of
complaints listed by categories and
actions taken by the City.
FINANCE DEPARTMENT
Desired Function How Does Traklt Address This?
The retention of the Geobase,or an All parcel data is located in a table in the SQL
equivalent, is required. Finance bases database. All fields in the database are accessible. It is
its permitting on the address rather easy to search by address, as well as parcel number,
than the assessor's parcel number and a selection of other fields.
Access business type and get an Business types are user-defined and easily accessible.
indication as to whether or not that Businesses can track specific"conditions".
business "may" require other specific
permits. This function is typically performed in BusinessTrak,
which is not being implemented under this contract.
Desired Function How Does Traklt Address This?
Allow departments to have capability BusinessTrak is a module used to track all aspects of
to check business licenses from the businesses and licensing in the City. It is included in
computer system rather than through Traklt. All modules are connected. A User can look
telephone calls. This feature would up an address and see if there is a Business at that
affect Building Inspection, Fire, Code location.
Enforcement, and Police.
This function is typically performed in BusinessTrak,
which is not being implemented under this contract.
A flag-capability to give notice of new This can be done easily with a standard report.
structures that might require a business
license or utility billing. This function is typically performed in BusinessTrak,
which is not being implemented under this contract.
Automatic reference for SIC (Standard Included in the base program.
Industrial Classification) codes.
This function is typically performed in ProjectTrak,
N011c11 is not hc1111_1 in1j)lcmCntCd undrr this conll'act.
Capability to generate expiration Traklt provides a desktop interface for customizable
warnings and notices more forms, legal notices,reports,or other written
automatically than at present. correspondence.
This function is typically performed in ProjectTrak,
which is not being implemented under this contract.
Capability to interact with payment Fees are recorded using any method of payment.
processes (Le. credit cards, check,
cash, etc.)
FIRE DEPARTMENT
Desired Function How Does Traklt Address This?
Integration with other city departments The PermitTrak module interfaces with other
modules managed by different city departments
through the record linking or property data
modules.
GIS and Metroscan compatibility Property data is accessed through an interface to LandTrak,
allowing users to view all information related to a property.
Status of Permits Each permit is assigned a status,and can be viewed on the
main permit screen.
Red-Flags by other departments Any restrictions on a property or contractor will appear
when the correct triggers are set. Red flags or holds on
linked records can also be viewed.
Special conditions and identification of All special conditions can be logged in more info
alternate means of protection. Plan screens, allowing users unlimited data entry in several
review, change order, and addendum user customizable fields.
tracking.
Permit History All permit information is located within the permit
record itself, allowing a user to view all history of work
done on the permit.
Code Enforcement History Code Enforcement History on the permit can be tracked
through LandTrak,which links the property to all
records regardless of module,to that address.
Annual Permitting program for fire More information required in order to address this
codes Permits requirement.
CODE ENFORCEMENT DIVISION
Desired Function How Does Traklt Address This?
Conversion of existing database. Data conversion process converts all existing data
to the Trakit system
Ability to access information by The search function allows users to locate code enforcement
address, owner name, case number, cases by several different fields. The search filter can also
narrow down the returned results by combining search fields
assessor parcel number,
resident/tenant name.
Ability to create a case report. Several Code Enforcement reports are available for use.
GIS and Metroscan linkage. All code enforcement records with parcel numbers are
linked to GIS information in LandTrak, and can be
accessed through the Site Info sub screen.
Ability to research building permit and Can view building permits on the location through the
use permit records by address. property database and link to them through LandTrak
Ability to research business license Any business license activity on the property can be
activity/history. linked to through LandTrak,which also records all
other activity on the same property.
Ability to research utility user More info screens allow for user defined fields for
information. additional tracking and research purposes.
Ability to research encroachment Link to LandTrak to view any encroachment permits on
permits and any conditions of the property and the related information.
approval.
Notices of Violation and Compliance Letters can be
Ability to create Notices of Violation created as merge document templates in MS Word,
or compliance letters. having the keywords replaced with data in the system.
In addition,the new software system allows users to
print directly from the system without logging out.
Provide current case status as well as The status of the case is always displayed on the main
maintain a history of site inspections. screen, and the chronology function helps maintain and
track all activity, including site inspections done, on the
case.
Desired Function How Does Traklt Address This?
Ability to "flag" certain parcels so that Property records can be locked down by Code
other departments are aware of existing Enforcement Cases, disallowing any new activity on it
code enforcement action. until the lock has been released.
SYSTEM REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system must comply with a Traklt is made for client/server based
standard client/server based architecture. architecture.
The proposed system must operate in the City's Traklt is compatible with the City of
current server environment. The system should Burlingame's current Server environment.
be fully compatible to the HP/Compaq based
server hardware since this is the City's
standard.
The proposed system must be accessible from TrakIt is accessible from PC workstations and
PC workstations connected to the City LAN. the City may
The proposed system must support multi-user
access with a minimum of twelve(12)
simultaneous users.
The proposed system must provide an interface The use of large descriptive buttons and drop
that is menu-driven, easy to use,and one that down lists make it easy for a user to navigate
supports a Graphical User Interface. throughout the system. A user friendly
Graphical User Interface,that has the same look
and feel across all modules,makes navigating
from one module to another quick and easy.
All project comments,correspondence,and PermitTrak has several places to record
activities should be linked with the permit and comments and other notes. Documents and
allow any City user immediate on-line access scanned images are easily attached to each
to the comprehensive record associated with permit record giving access to all departments.
the permit.
Desired Function How Does Traklt Address This?
The proposed system must be table driven as In order to minimize data entry error, Traklt is
much as possible to facilitate the validation of composed mainly of drop-down lists built by
data and retention of common data to prevent custom Control Tables. All data is stored in
data redundancy and to preserve data integrity. tables in the SQL database.
If the data changes in one place it should be
reflected automatically on all screens and
documents.
SYSTEM REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system must have efficient The SQL database has recovery and rollback
recovery mechanisms to quickly restore data. features. A reliable backup process should be
The system also must have adequate roll back in place and monitored by the IT Department.
features so that partially completed transactions
that occur by system crashes are backed-out.
The proposed system must support mobile data Laptop Synchronization, Mobile PDA, IVR
collection devices(hand held,laptop,or Interface, and Text Messaging are all offered
vehicle mounted). The proposal must indicate and supported by CR W. Uploading and
which mobile devices are supported. The downloading procedures is as easy as clicking
proposed system must provide the capability to one button with the Offline Synch feature.
upload and download procedures between
mobile devices and the new Permit Tracking
System.
The vendor selected to deliver the software CRW will assign a Project Manager to oversee
must provide and maintain a one-person the implementation and day to day use of
contact who will deal with all the technical Trakit for the City.
issues. This person must act as a liaison
between the City and the vendor's technical
services group.
The proposed system must install and support Updates are available from the CRW website.
updates and must be tested to assure that the The update is invisible to Users.
workflow is not impacted.
Desired Function How Does Traklt Address This?
Must indicate what the minimum workstation See Section VIII—Platform Recommendations
requirements are for these PC's.
The proposed system should minimize the use See Section VIII—Platform Recommendations
of proprietary hardware and software so that
the City of Burlingame may easily replace or
substitute components. Where proprietary
hardware and software are used the proposal
must identify them.
Traklt utilizes large buttons and drop down lists
The proposed system must provide an interface making it easy for a user to navigate throughout
that is Menu-driven, easy to use,one that the system. A user friendly Graphical User
supports a Graphical User Interface. Interface,that has the same look and feel across
all modules,makes navigating from one module
to another quick and easy.
SYSTEM REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system's tables must be user Traklt is very easy to maintain. Master lists
maintainable,with the ability to add new are housed in Control Tables and easy to
entries or update and delete existing ones. update and maintain.
The proposed system must have the ability to Data can be archived anytime using SQL
archive the complete historical record of database commands or backups.
permits,plan submittals, reviews, and
comments by all departments.
The proposed system must provide the Traklt has an interface available for IVR from
capability to interface with an Integrated Voice TeleWorks.
Response System to allow customers to input
inspection requests into the system and to
query the system for inspection results and plan
review results. The proposal must indicate
which voice response systems are supported.
Desired Function How Does Traklt Address This?
The proposed system must include multi-level Traklt has many security functions and User
security functions that can allow or deny access privileges that allow or deny access.
to change information on any screen to
individual users or groups of users and can lock
records based on criteria to prevent further
changes to the data.
The proposed system should support the ability Documents in several formats including MS
to scan, store,retrieve and print documents Word, Excel,pdf,txt, and numerous others can
related to the permitting and inspection be attached to a records for storage on the
process. The proposed system should support a Server and easy retrieval by other departments
seamless interface with Microsoft Word and and staff members.
WordPerfect.
Trakit provides a seamless(merge capability)
interface to WORD,but not to WordPerfect.
However,WordPerfect fils and documents may
be stored and retrieved through the
`Attachments' function in Trakit.
The proposed system must be capable of TrakIt offers MoreInfo screens to
allowing data elements to be added to files, accommodate recording data where no field is
screen forms and reports with a minimum of available in the program. Users define fields to
effort. enter data unique to the City.
SYSTEM REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system must include data The parcel data is stored in the
management capabilities for a Master Address GEO_OWNERSHIP table in the SQL
file to store approximately 13,500 assessor database. It will hold an unlimited number of
parcel numbers. This file must be in a standard, records.
open data format that can be accessed by data
management systems on a variety of platforms.
The proposed system must include the There are several areas to store unlimited
Desired Function How Does Traklt Address This?
capability to enter and track unlimited amounts size memos and notes on a record in
of narrative information associated with any Traklt.
record and this information must be easily
accessible from data entry screens. (E.g.
comments,modifications,review results, etc.
ADDITIONAL REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system must include the ability There are 180 standard reports delivered with
to build ad hoc queries and reports for any the Traklt program. The scripting tool is
combination of tables containing related data. available to edit and all reports can be modified
and renamed for future use. CRW offers
Crystal Report Writing classes several times, at
different locations nationwide,throughout the
year.
The proposed system should support a block Traklt offers a radius notification feature built
lookup of permits that allows the operator to into the Site Map features in LandTrak.
enter an address block to view all permits in the Search functions make it easy to look up
block. addresses by street name or address.
The proposed system must have the ability to All reports can be printed to printers on your
generate and display all reports on the screen network or displayed on the computer screen.
and to print reports to Hewlett Packard laser
printers using the City LAN and Netware print
queues.
The proposed system must include standard 180 Standard Reports are delivered with
monthly and annual reports to replace all Traklt. A previously determined number of
reports being generated by the existing custom reports will be created during
systems. implementation.
The proposed system must be capable of The SQL database is compatible with other
performing simple and complex data standard file formats using an ODBC
extractions. It must have the ability to output connection.
data in industry standard file formats(e.g.
Desired Function How Does Traklt Address This?
Excel,Access, dBase, etc.).
The proposed system must have the availability Addresses are easily added or changed in
to assign new street addresses. LandTrak.
The proposed system must be capable of The Merge Document feature allows any User
generating form letters including data from the to create or modify Word documents easily to
system and tracking dates and responses related print letters,notices, forms, etc. containing data
to the form letters. (E.g.Notice of Violation, from the Traklt records. This feature works
Notice of Expiring Permit,No Activity Letter, throughout the program in all the modules.
Certificate of Occupancy, etc.
ADDITIONAL REQUIREMENTS
Desired Function How Does Traklt Address This?
The proposed system must include the ability See above
to easily add new form letters or modify
existing form letters.
The proposed system must provide the user TrakIt utilizes Crystal Reports. These reports
with the capability to create or alter reports can be modified or created with the Crystal
without vendor assistance or additional costs. Reports program.
The proposed system must be capable of This is in the base program.
printing or faxing form letters without exiting
the data entry screens.
The proposed system must feature an easy-to- Traklt contains a Reports module..
use report generator to produce user-defined
reports for data analysis and printouts.
The proposed system must allow the user to SQL databases are compatible with MS Access
download data into a standard PC-based data using an ODBC Interface.
analysis package such as Microsoft Access or
Excel to obtain graphic display of statistical
data.
The proposed system must have the capability Reports can be printed to any printer on the
Desired Function How Does Traklt Address This?
to print standard reports automatically to network or attached to the PC.
NetWare print queues based on criteria and
initiated by changes in the data or the current All report printing is initiated by User action.
date. Report printing is not auto-initiated by data
changes or date/time settings.
The vendor must provide and install all reports 180 standard reports are delivered with Traklt.
previously created.
Custom reports which we have created
specifically for other clients may not be
available to the City.
The proposal and contract must include the Our annual maintenance service fee does
preparation of up to five(5)custom reports not include the preparation of custom
each calendar year at no additional charge. The reports. The fee for custom reports can only
proposal must include a fee schedule for the be determined after a review of the report
preparation of custom reports. requirements.
A CITY 0 AGENDA 9C
ITEM#
BURLJNGAME STAFF REPORT DA E 3/7/05
T07 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED
DATE: FEBRUARY 17, 2005
APPROVE
FROM: Parks & Recreation Director, Randy Schwartz BY
(650)558-7307
SUBJECT: RESOLUTION ACCEPTING THE BART LANDSCAPING PROJECT ON CALIFORNIA
DRIVE NORTH OF DUFFERIN AVENE—CITY PROJECT NO. 79300
RECOMMENDATION: It is recommended that Council approve the attached resolution accepting
the landscape construction project on the east side of California Drive, north of Dufferin Avenue
performed by Watkin& Bortolussi in the amount of$93,780.00.
BACKGROUND: On January 21, 2004 Watkin & Bortolussi was awarded the contract for the
construction of a landscape project to screen the BART tail tracks. The start of work was delayed,
through no fault ofthe contractor,by the permit process involving BART and SamTrans/CalTrain. The
work has now been completed, and the 90 day maintenance period has concluded. The punch list has
been completed. There were two change orders on the project totaling $69. The work included
removal of existing plant material, soil amendment, installation of header boards, installation of an
automatic irrigation system,installation of new plant material,and the installation of mulching material.
Construction document preparation was provided separately by the Landscape Architect. The
installation will be maintained by City staff.
The Landscape Architect and staff are satisfied with the work and recommend acceptance by Council.
EXHIBITS: Resolution
BUDGET IMPACT:
Construction $ 93,780
Permit 5,760
Document preparation and construction administration 17,527
Total $117,067
Funds are available to complete this project. BART has a contractual agreement with Burlingame to
reimburse approved costs over the life of this project (beginning in 1999).
RESOLUTION NO.
RESOLUTION ACCEPTING COMPLETION OF
BART LANDSCAPING PROJECT ON CALIFORNIA DRIVE NORTH
CITY PROJECT NO. 79300
RESOLVED by the City Council of the City of Burlingame, California, and this Council does
hereby FIND, ORDER and DETERMINE as follows:
1. The Parks&Recreation Director of said City has certified that the work done by WATKIN&
BORTOL USSI under the terms of its contract with the City of Burlingame dated JANUARY21,
2004,has been completed in accordance with the plans and specifications approved by this Council
therefor and to the satisfaction of the Parks&Recreation Director.
2. Said work is particularly described as #79300 BART LANDSCAPING PROJECT ON
CALIFORNIA DRIVE NORTH.
3. Said work be and the same hereby is accepted.
4. The city engineer is directed to execute and file for record with the County Recorder notice of
the completion thereof as required by law.
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 7TH day of
March, 2005 and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
AGENDA 9d
ITEM#
MTG. 2495
DATE
�E,T. 0�
� N� E TgFF REPORT
c
o SV
TO: HONORABLE MAYOR AND CITY COUNCIL BY
APPROVE
DATE: Februar 24, 2005 BY
FROM: Netie Shinday (558'7204) 4, 2005
SUBJECT: Approval for 2005 Art &Jazz Festival, Au ust 13 and
RECOMMENDATION: ame Art & Jazz Festival.
Recommend approval for Chamber of Commerce 2005 Burling
BACKGROUND:
Attached is the request letter from Georgette Naylor with the B
The of Commerce.
urlingme Avenue oname rSat day and
The Chamber is requesting
permissionr
Sunday, August 13 and 14, 005from 10:00 a m to 600 p.meach day.
The Chamber has contracted with Team PRO Event of Mill Valley. CA to operate the event which
includes the following elements:
• Closure of Burlingame Avenue from California Drive to EI Camino Real (up to the driveway of
the Chevron Station) from 2:00 a.m. Saturday, August 13 until 11:59 p.m., Sunday August 14.
• Closure of Lorton Avenue between Donnelly and Howard for the full duration of the festival;
closure of Park Road between Burlingame Avenue and Howard for the full duration of the
festival; and closure of Primrose Road for the full duration of the festival (as it was in 2004).
All public parking lots in the area will remain accessible at all times during all hours of closure.
• Festival booths set up on Burlingame Avenue (the 1100, 1200, 1300 and 1400 blocks), Lorton
Avenue and Primrose Avenue will remain set up overnight on Saturday. Team PRO Event will
arrange for overnight security.
• Team PRO Event will arrange for entertainment throughout each day of the festival.
The Burlingame Chamber of Commerce requests that the City of Burlingame allow the sale of beer,
wine, margaritas and commemorative glassware as part of the Burlingame Art and Jazz Festival on
August 13 and 14, 2005. The Burlingame Chamber of Commerce carries liquor liability insurance in
addition to its general liability insurance, in the amount of$1 million, and will provide a certificate of
insurance naming the City of Burlingame as an additional insured. The Burlingame Chamber of
Commerce will purchase the beer, wine and margarita license.
CITY c AGENDA
ORYYN
ITEM# 9d
GAME STAFF
REPORT
MT&
c DATE March 7 2005
4
TO: HONORABLE MAYOR AND CITY COUNCIL SU ITTTTTTTT !�/ /
BY
DATE: Februar 24, 2005
APPROVE
FROM: Netie Shinday (558-7204) BY
SUBJECT: Approval for 2005 Art & Jazz Festival, August 13 and 4, 2005
RECOMMENDATION:
Recommend approval for Chamber of Commerce 2005 Burlingame Art & Jazz Festival.
BACKGROUND:
Attached is the request letter from Georgette Naylor with the Burlingame Chamber of Commerce.
The Chamber is requesting permission to hold th event on Burlingame Avenue on Saturday and
Sunday, August 13 and 14, 2005 from 10:00 a.m. to 6:00 p.m. each day.
The Chamber has contracted with Team PRO Event of Mill Valley, CA to operate the event which
includes the following elements:
• Closure of Burlingame Avenue from California Drive to EI Camino Real (up to the driveway of
the Chevron Station) from 2:00 a.m. Saturday, August 13 until 11:59 p.m., Sunday August 14.
• Closure of Lorton Avenue between Donnelly and Howard for the full duration of the festival;
closure of Park Road between Burlingame Avenue and Howard for the full duration of the
festival; and closure of Primrose Road for the full duration of the festival (as it was in 2004).
All public parking lots in the area will remain accessible at all times during all hours of closure.
• Festival booths set up on Burlingame Avenue (the 1100, 1200, 1300 and 1400 blocks), Lorton
Avenue and Primrose Avenue will remain set up overnight on Saturday. Team PRO Event will
arrange for overnight security.
• Team PRO Event will arrange for entertainment throughout each day of the festival.
The Burlingame Chamber of Commerce requests that the City of Burlingame allow the sale of beer,
wine, margaritas and commemorative glassware as part of the Burlingame Art and Jazz Festival on
August 13 and 14, 2005. The Burlingame Chamber of Commerce carries liquor liability insurance in
addition to its general liability insurance, in the amount of $1 million, and will provide a certificate of
insurance naming the City of Burlingame as an additional insured. The Burlingame Chamber of
Commerce will purchase the beer, wine and margarita license.
BURLINGAME
CHAMBER
OF
COMMERCE
February 14,2005
Mayor Joe Galligan
Vice Mayor Cathy Baylock
Council Members: Mike Coffey,Terry Nagel and Rosalie O'Mahony
City of Burlingame
501 Primrose Road
Burlingame,CA 94010
Dear Mayor Galligan and Council Members:
The Burlingame Chamber of Commerce respectfully requests the City's permission for the 2005
Burlingame Art&Jazz Festival as described below.
The Chamber requests the City's permission for the"Burlingame Art and Jazz Festival,"
calendared for Saturday and Sunday,August 13 and 14,2005, from 10:00 a.m. to 6:00
p.m. each day.
The Burlingame Chamber of Commerce is in the second year of a two-year contract with
Team PRO Event, of Mill Valley, CA,based upon the Burlingame City Council's
permission to allow this community event.
Details of the production are under the auspices of Team PRO Event and include the
following elements:
A. Closure of Burlingame Avenue from California Drive to El Camino Real (up to
the driveway of the Chevron Station)from 2:00 a.m. Saturday,August 13 until
11:59 p.m., Sunday,August 14.
B. Closure of Lorton Avenue between Donnelly and Howard for the full duration of
the festival, closure of Park Road between Burlingame Avenue and Howard for
the full duration of the festival and closure of Primrose Road for the full duration
of the festival(as it was in 2004). All public parking lots in the area will remain
accessible at all times during all hours of closure.
C. Festival booths set up on Burlingame Avenue(the 1100, 1200, 1300 and 1400
blocks), as well as on Lorton and Primrose Avenues will remain set up overnight
on Saturday: Team PRO Event will arrange for overnight security.
D. Team PRO Event will arrange for entertainment throughout each day of the
festival as part of this community event.
290 California Drive • Burlingame,CA 94010 • 650.344.1735 • Fax 650.344.1763
e-mail:info@burlingamechamber.org • www.burlingamechainber.org
2005 Burlingame Art & Jazz Request Letter 2
E. The City of Burlingame fees in conjunction with this event will be paid directly
by the Chamber within seven(7) days after the event. Please advise if fees will
be different from last year.
F. The Burlingame Chamber of Commerce respectfully requests that the City of
Burlingame allow the sale of beer,wine,margaritas and commemorative
glassware as part of the Burlingame Art and Jazz Festival on August 13 and 14,
2005. Insurance for general and liquor liability in the amount of$1 million will
be obtained and a certificate of insurance naming the City of Burlingame as
additional insured will be issued. The Burlingame Chamber of Commerce
carries liquor liability insurance in addition to its general liability insurance and
will provide a certificate of insurance naming the City of Burlingame as an
additional insured. The Burlingame Chamber of Commerce will purchase the
beer,wine and margarita license.
The Burlingame Chamber of Commerce and Team Pro Event will gladly meet with City staff to
address any questions or concerns. We look forward to having another great festival that will
attract community members and new shoppers to our downtown.
Thank you.
Sincerely,
i
7
J a Mariana, Chair Georgette r,President/CEO
urli game Chamber of Commerce Burlingame Chamber of Commerce
Ai CITYo� STAFF REPORT
BURLINGAME AGENDA
ITEM# 9e
MTG.
NATE.J.... DATE 3/7/05
TO: HONORABLE MAYOR AND CITY COUNCIL sUBMI
BY
DATE: March 7,2005
A4QVED
FROM: Jesus Nava, Finance Director
558-7222
SUBJECT: APPROVE OUT-OF-STATE TRAVEL FOR FINANCE DIRECTOR
RECOMMENDATION:
That the City Council approve the Finance Director's travel to Norwalk, CT to attend the Winter Meeting
of the Governmental Accounting Standards Advisory Committee (GASAC), April 3 —5, 2005.
There is no impact on departmental budgets. Jesus' Professional Development Account and GASAC will
cover the costs associated with the travel.
BACKGROUND:
The International City/County Management Association (ICMA) appointed Jesus to the Governmental
Accounting Standards Advisory Committee.
ATTACHMENTS:
Financial Accounting Foundation Press Release on Appointment
FINANCIAL ACCOUNTING FOUNDATION
401 Merritt 7,P.O.Box 5116,Norwalk,Connecticut 06856-5116 203-847-0700
Fax:203-849-9714
NEWS
For Immediate Release Media Contact: Steven Getz
203/847-0700, ext 251
JESUS NAVA APPOINTED INTERNATIONAL CITY/COUNTY
MANAGEMENT ASSOCIATION REPRESENTATIVE TO GASAC
Norwalk, CT—The Financial Accounting Foundation (FAF)has announced the
appointment of Jesus Nava, Finance Director/Treasurer for the City of
Burlingame, California, to represent the International City/County Management
Association (ICMA) on the Governmental Accounting Standards Advisory
Council (GASAC). Mr. Nava succeeds Marcia L. Taylor,Assistant Manager for
Mt. Lebanon, Pennsylvania,who served on the GASAC from 2000 to 2004.
Mr. Nava has been with the City of Burlingame since 2003. He serves on
the Board of Directors for the ICMA Hispanic Network and the South Bay Waste
Management Authority,the Finance &Audit Committee for the Association of
Bay Area Governments, and is a member of the California Society of Municipal
Finance Officers.
"The Foundation is very pleased to welcome Jesus Nava as a new member
of the GASAC" said Robert E. Denham, Chairman of the Financial Accounting
Foundation. "Jesus'background and expertise should prove to be a valuable
asset to this important advisory council."
ICMA members who want to bring an issue to the attention of the GASB or
- MORE -
2
to learn about the activities of the GASAC may contact Jesus Nava at 650-558-
7222 or jnava@burlingame.org.
About the GASAC and the Governmental Accounting Standards Board
The GASAC's twenty-nine members are appointed by the FAF primarily
based on nominations from GASB constituent groups and are broadly
representative of the preparers,attestors,and users of state and local government
financial information. They meet three times a year to consult with the
Governmental Accounting Standards Board(GASB)on technical issues on the
Board's agenda,project priorities,accounting issues likely to require the
attention of the GASB,constituent communications,and other matters as
requested by the GASB or its Chairman. The GASAC members provide valuable
input and advice to the GASB,including constituent views regarding technical
issues on the GASB's agenda of projects and the prioritization of projects.
The GASB is the independent,not-for-profit organization formed in 1984
that establishes and improves financial accounting and reporting standards for
state and local governments. Its seven members are drawn for the Board's
diverse constituency,including preparers and auditor of government financial
statements,users of those statements,and members of the academic community.
More information about both the GASAC and the GASB can be found at GASB's
website www.gasb.org.
Governmental Accounting Standards Board
Improving governmental accountability through better financial reporting
MEETING MINUTES
Regular Meeting of the Burlingame Parks & Recreation Commission
Thursday, February 17, 2005
The regular meeting of the Burlingame Parks & Recreation Commission was called to order by
Chairman Larios at 7:14 pm at the Burlingame Recreation Center, 850 Burlingame Avenue.
ROLL CALL
Commissioners Present: Erickson, Heathcote, Larios, Muller, Schreurs
Commissioners Absent: Dittman, Lawson
Staff Present: Parks & Recreation Director Schwartz, Recreation Intern Inferrera
Others Present: Youth Advisory Committee member Ann Bruni
MINUTES
The minutes of the January 20, 2005 Commission meeting were approved as submitted.
PUBLIC COMMENTS - None
OLD BUSINESS
A. Pershing Park Playground Rehabilitation — Schwartz informed the commissioners
that the construction portion of the project is out to bid and a March construction
period is still anticipated
B. Bayside Park Improvements — Schwartz reported that, because the site is within
1,000 feet of the landfill site, additional construction requirements will raise the
project estimate by approximately $25,000. In order to ensure available funding,
staff is delaying the Cuernavaca playground rehabilitation project until the
Bayside project is complete.
NEW BUSINESS
Community Center — The Commissioners strategized on ways to follow-up on the
Community Center discussion from the City Council/Parks & Recreation Commission
joint meeting. It was agreed that a survey of community members will be the first step in
the process and the results would be shared with the Council in the upcoming months.
The survey will seek to learn the Community's interest and support for the project, as
well as for funding methods and levels.
Parks& Recreation Commission Minutes
February 17,2005—page 2
REPORTS
A. In addition to the attached monthly report on Parks & Recreation activities, staff
reported that representatives from cities, districts and the County met today to
further discuss potential funding methods for Parks. Ideas such as an increase in
sales tax were discussed and the group will meet again in approximately three
weeks.
B. Bruni announced that, in addition to the items listed in the monthly report, the
YAC has been in contact with the schools regarding the drug information
programs discussed at previous Commission meetings. Larios suggested offering
workshops through the Parks & Recreation Department for parents to assist their
children in learning refusal skills. Staff will work with local agencies, such as the
County's Gang Prevention Task Force, to set up such workshops.
NEXT MEETING
The next meeting of the Parks & Recreation Commission will be held on Thursday, March 17,
2005 at 7:00 p.m. at Burlingame City Hall.
There being no further business to come before the Commission, the meeting was adjourned at
7:59pm.
Respectfully submitted,
Q
Randy Schwartz
Director of Parks &Recreation
City of Burlingame - Parks & Recreation Dept.
850 Burlingame Ave., Burlingame, CA 94010 ate,
phone: (650) 558-7300 • fax: (650) 696-7216 `
recreation@burlin ame.org
e
Date: February 10, 2005
To: Parks &Recreation Commissioners
City Council
From: Randy Schwartz
Re: Monthly Report
Parks Division
1. Tree Crew's grid pruning is on schedule for the season
2. Contract is underway to complete repairs to pathways at Bayside Park
3. Improvements to Washington Park's irrigation system (from a manual to an
automated system) are nearly complete
4. Tree contract work at Ray Park will be complete within the next week
5. Currently out to bid for construction of Pershing Park playground—Bids are due in
by the end of the month with construction anticipated for March
6. Determination was made by architects that Bayside Park restroom project will need to
be subjected to landfill requirements (within 1,000 feet of landfill site)—this will add
extra costs to the project
Recreation Division
1. Teens are working with Retirement Inn on High Tea and Mardi Gras programs
2. Ski trip in February had 39 Burlingame teens& 12 teens from Saratoga
3. New teen drama class starts in March
4. Adult basketball leagues are full and will begin later this month
5. Adult softball registration will be held in February
6. 6t'grade basketball & BIS spring sports are beginning
7. New 2-year old Tot-Time class has begun at the Recreation Center and is full with 13
students
8. Music presentation was held at Village Park—funds for music program came from
last year's preschool donation campaign
9. Aquatics program has performed spring in-service training and is offering
lifeguarding classes
10. New adult volleyball league is being offered on Monday nights in the spring
11. Registration is being taken for the spring Women's 35 & over soccer league
Upcominz Events
1. Tax Assistance program, sponsored by AARP —Feb to April
2. Bridge Tournament—April 18th
3. Community Golf Tournament—May 23`d
4. Art in the Park—June 11 & 12
MEETING MINUTES
Joint Meeting of the Burlingame City Council and Parks & Recreation Commission
Thursday, February 17, 2005
The joint meeting of the Burlingame City Council and Parks & Recreation Commission was
called to order by Mayor Joe Galligan at 6:03pm at the Burlingame Recreation Center, 850
Burlingame Avenue.
Mayor Galligan thanked Chairman Larios and the Commissioners for their service to the City
and meeting with the Council to discuss long range plans for Parks and Recreation. The Council
is meeting with each City Commission during the year and Mayor Galligan and Vice Mayor
Baylock will meet with the chairpersons of each commission four times during the year.
ROLL CALL
Council members present: Baylock, Coffey, Galligan,Nagel, O'Mahony
Commissioners Present: Erickson,Heathcote,Larios,Muller, Schreurs
Commissioners Absent: Dittman, Lawson
Staff Present: City Manager Nantell, City Attorney Anderson,
Parks &Recreation Director Schwartz,Recreation Intern Inferrera
Others Present: Youth Advisory Committee Member Ann Bruni
Mayor Galligan presented new Commissioner Schreurs with her Commission badge.
PUBLIC COMMENTS -None
TOUR OF RECREATION CENTER
Director Schwartz led a tour of the Recreation Center, highlighting many of the
conditions and issues listed in the Facilities Master Plan report. Among these items are
seismic instability, ADA compliancy, inadequate space for staff offices, lack of dedicated
conference room, poor electrical and HVAC systems, and non-compliance with fire
regulations.
DISCUSSION OF PARKS AND RECREATIONAL FACILITY NEEDS
Schwartz reviewed the plans for a new Community Center recommended by the
Commission and approved by the Council two years ago. The plans include replacing the
teaching stations and offices of the Recreation Center, as well as adding dedicated areas
for senior citizens, teens and a City gymnasium. The added three components are the
three areas most requested by the residents and community groups that are not available
in Burlingame. The attached survey shows which other cities in the Bay Area offer these
components to their community members.
City Council/Parks&Recreation Commission Minutes
February 17,2005—page 2
Heathcote stated his desire not to settle for second best. Baylock asked about the amount
of parking that is proposed. Schwartz responded that the architect's rendering shows 145
parking spaces. O'Mahony agreed with Heathcote's approach of "doing this right".
Erickson asked if the project could be phased in. Galligan said the project should be
done all at once, stating that the interest rates will not decline from their current level.
Baylock would like to see a financing plan and a survey of residents about their
willingness to support the project. Galligan said that the Community Center project was
the first facility priority for the City and agreed with Baylock saying the Commission
needs to discuss how to market and finance the project. Nagel expressed her feeling that
this is not a good climate to get money from the community, but that it is time to get
consensus for the project.
Muller said that the decision about the status of City Hall and the existing City Hall
property needs to be handled. Larios stated that the Commission needs to see the facts
that the need and vision of the project outweighs the costs. Schwartz cited an article
forwarded from Nagel that discusses the recreational activities of the "Baby Boomers" as
they transition into senior citizens and how the current facility is insufficient to provide
these types of activities. Nagel suggested a charate as a first step.
Nantell stated the Council's budget subcommittee will look at the financial plan and the
visionary approach as listed in the Facilities Master Plan. Schwartz suggested that the
Commission adopt gaining community support for the project as a portion of their work
plan for 2005. Larios stated his hope that the Council could find a way to fund the
facility in the budget planning.
There being no additional business,the meeting was adjourned at 7:08pm.
Respectfully submitted,
Q
Randy Schwartz
Director of Parks &Recreation
CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES
501 Primrose Road, Burlingame, CA
February 28, 2005
Council Chambers
I. CALL TO ORDER Chair Osterling called the February 28,2005,regular meeting of the Planning
Commission to order at 7:05 p.m.
I1. ROLL CALL Present: Commissioners Auran, Bojues, Brownrigg (arrived 7:10 p.m.),
Keighran, Osterling and Vistica
Absent: Commissioners: None
Staff Present: City Planner, Margaret Monroe; Planner,Ruben Hurin; City
Attorney, Larry Anderson.
1II. MINUTES The minutes of the February 14, 2005 regular meeting of the Planning
Commission were approved as mailed.
IV. APPROVAL OF AGENDA There were no changes to the agenda.
V. FROM THE FLOOR CP Monroe noted for anyone in the audience present to observe as a part of
applying for the Planning Commission, that there is a sign up sheet on the
table at the rear of the chambers; also there is a binder with a copy of all the
staff reports for this meeting so they can follow along with the Commission.
VI. STUDY ITEMS There were no study items.
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.
1A. 16 DAVIS COURT, ZONED R-1 — APPLICATION FOR CONDITIONAL USE PERMITS FOR
EXPANSION OF AN EXISTING ACCESSORY STRUCTURE (DALE MEYER, APPLICANT AND
ARCHITECT;ANDREW JUROW AND BARBIE BARRETT,PROPERTY OWNERS)(36 NOTICED)
PROJECT PLANNER: CATHERINE BARBER
111. 1414 CORTEZ AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR BASEMENT FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND
DETACHED GARAGE (RICK SANDOR AND LISA GOOZE, APPLICANTS AND PROPERTY
OWNERS;PHIL HYLAND,DESIGNER)(57 NOTICED)PROJECT PLANNER:CATHERINE BARBER
1C. 1309 MILLS AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW, SPECIAL PERMIT
FOR DECLINING HEIGHT ENVELOPE AND SIDE SETBACK VARIANCES FOR A FIRST AND
SECOND STORY ADDITION (CHRIS AND PEGGY PEDERSEN, APPLICANTS AND PROPERTY
OWNERS; JD & ASSOCIATES, DESIGNER) (78 NOTICED) PROJECT PLANNER: ERICA
STROHMEIER
City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
1D. 270 CHAPIN LANE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW FOR A FIRST AND
SECOND STORY ADDITION AND A NEW DETACHED GARAGE(YAT-CHEONG AND ANN AU,
APPLICANTS AND PROPERTY OWNERS; JD & ASSOCIATES, DESIGNER) (53 NOTICED)�.
PROJECT PLANNER: ERICA STROHMEIER
Chair Osterling asked if anyone in the audience or on the Commission wished to call any item off the
consent calendar. There were no requests. Commission had no questions of staff.
C. Auran moved approval of the consent calendar based on the facts in the staff reports, commissioners
comments and the findings in the staff reports with the recommended conditions in each staff report and by
resolution. The motion was seconded by C. Bojues. Chair called for a voice vote on the motion and it
passed 5-0-1(C. Brownrigg absent). Appeal procedures were advised.
C. Brownrigg arrived at 7:10 p.m.
VIII. REGULAR ACTION ITEM
2. 1329 DRAKE AVENUE, ZONED R-1 - APPLICATION FOR SPECIAL PERMITS FOR A NEW
DETACHED GARAGE AND STORAGE AREA (ALAN OLIN, APPLICANT AND ARCHITECT;
YANNA ABECASSIS AND MATTHEW MALONEY, PROPERTY OWNERS) (68 NOTICED)
PROJECT PLANNER: ERICA STROHMEIER
C.Auran recused himself from this item because he lives within 500 feet of the subject property. He left the
Council Chambers.
Reference staff report February 28,2005,with attachments. Plr Hurin presented the report,reviewed criteria
and staff comments. Six conditions were suggested for consideration. There were no questions of staff.
Chair Osterling opened the public hearing. Alan Olin, architect, 175 Spruce Avenue, Menlo Park, was
present to answer questions. Commission asked how the area at the rear of the garage will be used since
there is a sink proposed? Architect noted that the area will be used for storage,property owner would like a
wash sink to clean up after gardening. There were no further comments and the public hearing was closed.
C.Boju6s noted that the proposed project will reduce the amount of paving and preserve the existing garden
and pear tree behind the garage, and moved to approve the application, by resolution, with the following
conditions: 1)that the project shall be built as shown on the plans submitted to the Planning Department and
date stamped January 7,2005,sheets 1 and 2,and shall not exceed an overall height of 14'-9"measured from
adjacent grade to the roof ridge,and a maximum plate height of 8'-0"measured from above garage finished
floor; 2)that the accessory structure shall only be used as a one-car garage and storage area;shall never be
used for accessory living or sleeping purposes or as a second dwelling unit;the storage area at the rear of the
detached garage shall not exceed 145 SF in area (15'-0" X 9'-8"); and shall not include additional utility
services and/or a toilet without an amendment to this special permit; 3)that any waste line to the accessory
structure shall be limited to a maximum 2 inches in diameter and shall not be increased in size without an
amendment to this permit; 4)that the conditions of the Chief Building Official's January 7,2005 memo,the
City Engineer's January 10,2005 memo and the Recycling Specialist's January 14,2005 memo shall be met;
5)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
2
City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
demolition permit; and 6) 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. The motion was seconded by C.
Osterling.
Chair Osterling called for a voice vote on the motion to approve. The motion passed 5-0-1 (C. Auran
abstain). Appeal procedures were advised. This item concluded at 7:15 p.m.
C. Auran returned to the dias.
3. 2301 HILLSIDE DRIVE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL
PERMIT FOR HEIGHT FOR A NEW,TWO-STORY SINGLE FAMILY DWELLING AND DETACHED
GARAGE(WILLIAM RIDDLE,BEST DESIGN&CONSTRUCTION,APPLICANT AND DESIGNER;
FAI LAU,PROPERTY OWNER) (57 NOTICED)PROJECT PLANNER: CATHERINE BARBER
C. Osterling recused himself from this item because he lives within 500 feet of the subject property. He left
the Council Chambers. C. Auran became Acting Chairperson.
Reference staff report February 28, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments.Thirteen conditions were suggested for consideration. There were no questions
of staff.
Vice Chair Auran opened the public hearing. Bill Riddle, architect, 100 Old County Road,Brisbane,was
available to answer questions.
Scott Taylor, 1369 Columbus Avenue, Michael Murray, 1367 Columbus Avenue, Dennis and Delores
Huajardo, 1400 Columbus Avenue, expressed the following concerns with the project: live next door on
Columbus and have a concern with the proposed garage roof,increase in building height will create shadows
on property;concerned with applicant requesting a special permit for height and adding fill to a lot which is
already sloping up from top of curb, the lot can be cut so that the house sits lower on the lot and a special
permit for height may not be needed,feel that the proposed design is not consistent with the neighborhood,
house is a big improvement, but there is not enough detail in the design, do not want to see a pink stucco
house with a pink roof,house doesn't seem complete,needs more work,will have to live with this house for
a long time, appreciate the changes to the landscape plan; live diagonally across the street,concerned with
views, hope this house will not be as tall and bulky as houses on other corners; concerned with the
uncovered parking space in front of garage, do not want to see this area used for outdoor storage, such as
boats and non-operable cars, also do not want to see a carport appear in front of garage.
Commission clarified that the request to exceed the height limit is a special permit not a variance. The
difference is that a special permit does not require hardship findings to be made based on exceptional
circumstances related to the property. Applicant noted that the proposed house will be lower than the
adjacent house to the west on Hillside Drive. Commission asked the applicant if he considered grading the
lot? Applicant noted that he did not want to cut the top of the hill, proposed house sits slightly above
existing grade, some minor fill is required. There were no further comments and the public hearing was
closed.
Commission noted that as a result of design review this was a big improvement, but had the following
comments and concerns:
3
City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
• Support design,house is set back 28 feet from Hillside Drive,second floor is set back further,special
permit for height is for the peak,not the entire roof;
• Design is awkward, looks like design evolved based on adapting to the design guidelines, has no,,
intrinsic character, this is a prominent corner and it deserves a nice looking building;
• Would like to see the trim package be a traditional wood stucco mould, windows to have a wood
frame,provide details on plans;
• Would like to see three-dimensional, simulated true divided light windows, grids must be three-
dimension;
• Concerned with long horizontal elements on garage,would like to see vertical elements incorporated
into the garage door to break it up;
• Concerned with the orientation of the garage roof, roof ridge should be revised to run east-west,
would reduce impact on the neighbor to the south by eliminating the peak along this property line;
• Concerned with the roof slope on the north and south elevations; south elevation has long sloping
roof,north elevation has %2 the length, are there other design options;
• Would like the flat tile roof to be a dark shade.
C.Vistica noted that mass and bulk are handled well,house steps down to Hillside Drive,majority of plate
height on street emphasizes single story,second floor is contained within the roof frame,special permit for
height is appropriate given the sloping condition on the lot,and made a motion to approve the application,by
resolution,with the suggested changes. This motion was seconded by C. Bojues.
Comment on motion: Commission noted that because of the numerous changes required,the project should
be continued to the consent calendar so that the architect can revise the plans. The maker of the motion and
second agreed.
Acting Chair Auran called for a voice vote on the motion to continue the project to the consent calendar
when the suggested changes have been made and plan checked. The motion passed 5-0-1 (C. Osterling
abstain). Appeal procedures were advised. This item concluded at 7:50 p.m.
Chair Osterling returned to the dias.
4. 1552 LOS MONTES DRIVE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW AND HILLSIDE
AREA CONSTRUCTION PERMIT FOR A LOWER FLOOR ADDITION AND SECOND FLOOR DECK
(JD & ASSOCIATES, DESIGNER, APPLICANT AND ARCHITECT; GREG AND SERENE LIM,
PROPERTY OWNERS) (49 NOTICED)PROJECT PLANNER: CATHERINE BARBER
Reference staff report February 28, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments. Ten conditions were suggested for consideration. There were no questions of
staff.
Chair Osterling opened the public hearing. Greg Lim,property owner,and Jerry Deal, 1228 Paloma Avenue,
designer,were present to answer questions,noted they addressed the Commissions'concerns expressed at
the last meeting,switched designers in the middle of the project,redesigned the front of the house and front
entry to make it more appealing and minimize impact on neighborhood. Commission noted that the design
is better,but have some concern with the proposed roof above the entry,beam construction proposed for the
entry is not consistent with the rest of the house, existing construction has exposed rafter beams(spaced 4
feet on center) and the porch does not,why? Designer noted that the beam runs across to tie in better with
4
City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
aesthetics,the construction will match existing and will contain exposed rafter beams,it's just not shown on
the plans. Commission expressed a concern with the height and pitch of the new roof above the entry. The
designer noted that he considered having the same pitch but was not happy with the design, he wanted to
emphasize the entrance and it was accomplished by changing the roof pitch and raising the roof. There were
no further comments and the public hearing was closed.
C. Keighran 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 16, 2005, sheets 1 through 8 and T-1, site plan, floor plans,building elevations and topographic
plan; 2) that the roof framing and architectural detail above the entry must match the framing system and
detail on the existing house;3)that any increase to the habitable basement floor area and any changes to the size or
envelope of the first or second floors, which would include expanding the footprint or floor area of the structure,
replacing or relocating a window(s),adding a dormer(s)or changing the roof height or pitch,shall be subject to design
review; 4)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; 5) 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; 6) that all air ducts, plumbing vents, and flues shall be combined, where
possible, to a single termination and installed on the portions of the roof not visible from the street; and that these
venting details shall be included and approved in the construction plans before a Building permit is issued; 7)that prior
to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide
certification of that height to the Building Department; 8)that the conditions of the Chief Building Official,NPDES
Coordinator,Recycling Specialist,City Engineer,and Fire Marshal's memos dated November 9,2004 shall be met; 9)
that during construction the applicant shall use all applicable"best management practices"as identified in Burlingame's
Storm Water Ordinance,to prevent erosion and off-site sedimentation of storm water runoff; 10)that if construction is
done during the wet season (October 15 through April 1),that prior to October 15 the developer shall implement a
winterization program to minimize the potential for erosion and polluted runoff by inspecting,maintaining and cleaning
all soil erosion and sediment control prior to,during,and immediately after each storm even;stabilizing disturbed soils
throughout temporary or permanent seeding, mulching matting, or tarping; rocking unpaved vehicle access to limit
dispersion of mud onto public right-of-way;covering/tarping stored construction materials,fuels and other chemicals;
and 11)that the project shall meet all the requirements of the California Building and Fire Codes, 2001 edition, as
amended by the City of Burlingame. The motion was seconded by C. Auran.
Comment on the motion: Would like to see a condition added that the roof framing above the entry must
match the framing system on the existing house. Maker of the motion and second agreed.
Chair Osterling called for a voice vote on the motion to approve. The motion passed 6-0. Appeal
procedures were advised. This item concluded at 8:00 p.m.
5. 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) (56 NOTICED)
PROJECT PLANNER: CATHERINE BARBER
Reference staff report February 28, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments.Thirteen conditions were suggested for consideration. There were no questions
of staff.
5
City of Burlingame Planning Commission Unapproved Minutes February 28,2005
Chair Osterling opened the public hearing. Kurt Steil,property owner and applicant,911 North Amphlett,
San Mateo,spoke. After last meeting went back to try to get buyer and neighbor to agree,neighbor wanted
fence 2 feet toward the garage behind the top wall, were not interested in negotiating more; buyer of his
property offered to install and maintain landscaping in the creek area themselves,did not want neighbor on
her property doing landscaping and maintenance;neighbor installed landscaping up to the old fence which
was 12 feet on Steil's property, buyer wants most use of land and wants a fence, have filed a notice of
permissible use and no trespass to neighbor;neighbor wants fence further back from the top of wall so can
work on property at rear of 149 Occidental; if they don't want to see the new house, the closer to the creek
the better screen provided by the fence. Commissioners asked: how is Commission involved in allowing
neighbors on each other's property to maintain landscaping? CA noted in this case it was the way things
happened,neighbors need to decide resolution. How can the neighbor put in and maintain landscaping on
someone else's property along the creek? Is there a legal document? Applicant noted neighbor on Chapin
assumed their property crossed the creek to the old fence 12 feet in ward of the rear property line of 149
Occidental. CA noted city was not aware of any legal document giving the neighbor the right to improve
property at 149 Occidental. The issue of trespass would be decided by the Superior Court,not city.
Neighbors comments:Pam Ridlehuber, 146 Chapin Lane;Clifford Chang, 156 Chapin Lane;David Agard,
150 Chapin Lane;David Kornbluh,25 Metro Drive, San Jose;Thomas Cay, 1570 Alameda,San Jose;live
adjacent to Agard's enjoy view of creek, they have maintained it well, new house clearly visible and
unattractive, if fence is placed at upper wall there is no place to put landscaping to screen view of house.
Commissioners asked: live at 146 Chapin, from how much of rear yard can you see given location of your
garage?Now exposed about 6 feet of lawn around garage. Neighbor on other side of Agard,only lived there
3 years, main reason bought was the natural beauty of the creek side setting, concerned about process,
commission allowed this to go ahead with mutual agreement on the fence, there were criteria used, if put
fence at new location it would be impossible to screen or would take a long time to develop a screen.
Commissioners asked: how much of 149 Occidental do you see from your backyard? See from inside
house,particularly since new house built. Two weeks ago were close to agreement,the issue is not about
property rights or trespass, its about aesthetics, privacy and process. The creekside environment is
something special why bought house, rare natural beauty, their isolation is threatened, thought he could
screen, steeply terraced area with flat area between each wall, if fence immediately at top, no foliage
possible,will upset balance. Privacy is radically affected,before removed old fence 25 foot tall hedge at 149
Occidental, developer removed hedge and built large tall, massive house now visible from rear yard and
every level of his house, materially damaged his property, visual impact. Only solution project on 146
Occidental uphold original agreement to put fence 11 feet from rear property line, require new owners to
provide landscaping to block view,do not want to trespass,want screening to protect view which a fence at
the wall does not do. Process is an issue, three years ago neighbors made a formal protest before the
Planning Commission regarding the impact of the fence and garage, reached a compromise with the
developer, set the fence and garage back 11 feet, Commission supported in March 8,2004 action;now the
house is built and the developer wants out of the compromise,asking the Commission permission to renege
on the agreement made with the neighbors,hard on the credibility of the commission with public.
Further comment from the floor: This is not a property line issue, do not want access, made an innocent
mistake thought it was their property,now the issue is the location of the fence. Fence was 12 feet from rear
property line when Agard's bought their house on Chapin Lane, they spent tens of thousands of dollars to
stabilize the creek bank,part on their land and part on their neighbor's. Last year the neighbors objected to
the garage and fence at about 7 feet from property line, met with developer and arrived at solution of
relocating garage and fence 11 feet from property line with landscaping to mitigate view of the house,
neighbors supported the project at 149 Occidental.Now the builder wants to removed the condition on the
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
fence and relocate to the top of the most inbound stone wall; we want the process in which the neighbors
,..� were involved accepted, not taken away. If fence is moved back closer to rear property line it will screen
more of the house;new buyer willing to install and maintain landscaping to screen house,wants to use their
land. Commissioners asked: is there currently landscaping proposed on both sides of the fence?Yes if the
fence is at the top of the slope, will plant first level down. Is there a gate in the fence for access to creek
bank? Will add if needed for access. What will be planted, vines, shrubs? Whatever the Commission
wants,want to move the fence back so get full use of rear yard,no want liability from neighbors on property
or failure of slope. Confused regarding neighbor's goal, did get garage with I I foot setback, not about
property rights or landscape maintenance,if push fence back to I I feet and the neighbors not maintain,how
will the relocation help? Want to retain potential to plant tall things so screen view,if fence at wall not place
to plant,neighbor happy to pay for landscaping,want to preserve situation,don't know if anyone is going to
buy this property. Is the goal to screen the fence or the house?Both. Would landscaping on other side of the
fence do some screening?What shown on plans will not be dense enough to screen. Applicant noted buyer
willing to install landscaping on top terrace,landscaping is existing on lower section.Commissioners asked:
most people want to enjoy creek,why not shorter fence?Buyer wanted higher fence for security,people not
look into yard. If screen fence will screen house- would you consider different kind of fence, cover with
vines?Neighbors concern it will take time to grow,concerned about appearance of new house,buyer would
install vine right away. What kind of landscaping is proposed for the backyard?A number of trees which
will grow to 30 to 40 feet. Is there room on the creek side after place fence as proposed? Wall is not
straight,behind the garage there is a 6-7 foot deep area and meanders from there,only part of the fence will
be at the wall. Existing trees on left, large not on landscape plan? Developer did not put there, Egards
installed,concerned that they will eventually lift the garage slab. Is security key point for buyer?Both use
and security,wants to use all of the flat part of the property,concerned about neighbors use because able to
look over the fence at top of terrace. There were no further comments from the floor. The public hearing
was closed.
C. Osterling noted that the landscape plan could be revised to include additional trees at the fence,the issue
is placement of the fence not its height,moving fence back 4 feet would have little impact on sight lines or
the amount of the new house screened, there is lots of room on the lower terrace for bigger vegetation,have
added landscaping a Camphor tree and Live Oak,both relatively fast growing;believe if owner want to use
as much of the flat area of the property as possible,can add vegetation on lower terraces,larger scale shrubs,
and everyone wins, also need a gate in the fence for access to provide proper maintenance including
irrigation at the rear of the property,so move approval with these conditions by resolution.The motion was
seconded by C. Bojues.
Comment on the motion:understand buyer's need for security and not wanting people to enter their property;
understand neighbors wanting screening,they want more landscaping and maintenance of it,need a gate in
the rear fence for access. Can a condition be added to action that owner not liable for neighbors using their
property? CA can only condition property where application being made; rights of access in this case are
between private property owners,not appropriate condition. It is easy to put conditions on someone else's
property,neighbors argument is weak. Children need as much yard as possible,incumbent on applicant to
address for his buyer, would like to see plans amended as discussed; think item should come back with
revisions, landscaping plan, gate in fence, irrigation.
C.Brownrigg made a motion to amend the original motion to bring this item back on the consent calendar.
Motion was seconded by C.Keighran.
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
Comment on the motion to amend: bring it back on action calendar since it is likely to be called off the
consent calendar;would like to approve tonight so process is not drawn out;would have acted on February
14 but applicant asked for continuance because close to agreement, Commission agreed, not reach
understanding, not Commission dragging this out.
C.Osterling called for a roll call vote on the motion to amend the original condition. The commission voted
2-4 (Cers. Auran,Bojues,Vistica, Osterling dissenting). The motion to amend was denied. The original
motion to approve with added conditions remained on the floor.
Commission discussion on the original motion: applicant never showed any landscaping on the creek side of
the lot; this appears contentious to lots of people in the room who assume that the motion is unfair to the
neighbor,want to be sure everyone will know what is going to happen; applicant wants to move the fence
which will compromise the neighbors screen,want to be sure to see on paper and know what will be done so
both parties can do their bit,that is how the community can work with the Planning Commission.Bring the
change back to the consent calendar, way to force compromise between neighbor and new owner with a
potential win-win; neighbors can input when comes back,may avoid appeal.
Chair Osterling called for a roll call vote on the original motion to approve the application to relocate the
fence with added conditions. The motion failed on a 3-3(Cers Brownrigg,Keighran,Vistica dissenting)roll
call vote. No action was taken on the motion.
C. Vistica moved to direct the applicant to make the changes to the plans noted: relocate the fence 7 feet
from rear property line, landscape plan for both sides of the fence including the top and second terrace, and
placement of a gate in the fence to gain access to the rear of the lot for maintenance, and to return to the
consent calendar when the modifications have been submitted and checked by staff. The motion was
seconded by C. Keighran.
Chair Osterling called for a roll call vote on the motion to continue until the applicant had addressed the
items indicated and staff has checked. With this process the information would be available to the neighbors
before the meeting. The motion passed on a 5-1 (C. Osterling dissenting)roll call vote. There is no appeal
for this action. Staff noted that the item would be renoticed before it is placed on a consent calendar in the
future. This item concluded at 9:00 p.m.
6. 711 LINDEN AVENUE,ZONED R-2—APPLICATION FOR CONDITIONAL USE PERMITS FOR AN
EXISTING ACCESSORY STRUCTURE (KURT MEISWINKEL, APPLICANT AND PROPERTY
OWNER;MARY DUNLAP,DESIGNER)(32 NOTICED)PROJECT PLANNER:ERICA STROE MEIER
Reference staff report February 28, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments.Seven conditions were suggested for consideration. Staff noted two desk items
regarding this project. The first is a memo from the staff acknowledging that the applicant has submitted
revised plans for the location of the carport,showing it removed from side and rear property lines three feet
so that these two walls would not be required to be built as fire walls. Second is a letter from the neighbor
at 709 Linden in support of the project. Commissioners asked:was part of Carolan Avenue taken from this
property? Staff noted that some area may have been taken which would affect rear setback from accessory
structure. Should the condition addressing the covered parking include the requirement that all roof drainage
should be taken to the front of the lot. CA noted that in the case of this project where there are two street
frontages the drainage could go to either the front or rear,depending on Public Works requirements. There
were no further questions of staff.
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
Chair Osterling opened the public hearing. Mark Hudak,attorney,216 Park Road represented the applicant,
Kurt Meiswinkel,property owner, 711 Linden,and wife and child were present. This is a two bedroom and
two bath house, recently had child and in-law has come to live and help out, house too small, so making
addition to house which extended rear of the house and eliminated required 20 foot separation for two
dwelling units; applied for the addition, all departments reviewed,pulled building permit,began to build,
wanted to modify addition by extending rear one foot for bath tub,Planning Department found that building
permit issued without addressing Planning comments;stopped construction;worked with planning staffwith
revision to get back on track,project has no variances for house,if positive tonight will lift red tag on house.
The conditional use permits requested are for conditions which have existed as a part of the accessory
structure for years,this action is to clean up approvals not obtained decades ago; the use permit for height
will not bother anyone,next to Carolan,same windows,existing bathroom;property owner wishes to use as
an office, sheet rocker and needs place to wash up, also hopes to use a play room;realizes if wants to bring
back as a dwelling unit he would have to come back to the Planning Commission and ask, then he would
ask for recognition of the impact of taking part of this property for Carolan. Carport was there but in poor
condition, will replace; no problem with draining to the public street, here tonight to clean up existing
conditions on the lot,so can issue building permit and remove stop work order. Commissioners asked: site
plan does not show internal fence,is it to be retained;fence blocks access if accessory structure is to be used
as a part of the house? Meiswinek responded if commission requires, can remove fence.
When first bought house people were living in accessory structure,wanted to put in spiral stair to expand
living area, found out could not enlarge upstairs so left as it was. Is the propose car port a temporary
structure, six posts and a roof? At this time this structure is all that the budget will support, code would
allow as permanent. There were no further comments from the floor. The public hearing was closed.
C.Auran noted that this is an existing structure that the applicant is proposing to change,with the following
additional conditions would move to approve: removing the fence which is internal to the property to
provide unobstructed access between the house and accessory structure,amending condition 6 to require that
the car port be built within 90 days and that the stove and sink also be removed within 90 days or the
application will be reconsidered by the Planning Commission, by resolution and with the following
conditions in the staff report: 1) that the accessory structure project shall be built as shown on the plans
submitted to the Planning Department and date stamped February 10,2005,sheets 1 through 6 and boundary
and topographic survey date stamped February 3,2005,and that the new carport shall not exceed an overall
height of 9'-9" measured from adjacent grade to the roof ridge, and a maximum plate height of 8'-0"
measured from adjacent grade; and shall meet all California Building and Fire Code requirements; 2)that
the converted garage accessory structure shall only be used as an office with a toilet,sink and shower(3 10
SF) and storage area (118 SF) and shall never be used for accessory sleeping purposes or as a second
dwelling unit without an amendment to this conditional use permit; 3) that the existing kitchen sink and
stove/cook top in the detached garage/accessory structure shall be completely removed from the accessory
structure ; if stove/cook top is gas operated, it must be permanently disabled and capped as required and
inspected by the Chief Building Official prior to final inspection;only an under the counter refrigerator shall
be placed in the former kitchen area of the structure and the placement of any other kitchen appliance,
plumbing or sink shall require an amendment to this permit, if this removal is not accomplished within 90
days of the Planning Commission action this use permit shall be reviewed by the Planning Commission and
any action on the accessory structure shall be reconsidered; 4) that the conditions of the Chief Building
Official's September 30,2004 and February 14,2005 memos and the Recycling Specialist's October 4,2004
memo shall be met; 5)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; 6)that the carport shall be built and inspected within 90 days of
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
Planning Commission action or this use permit shall be reviewed by the Planning Commission and any
action on the accessory structure shall be reconsidered; 7) that the internal fence on the property located
between the single family house and the accessory structure and between the accessory structure and the
carport in the rear of the lot shall be removed within 90 days of the Planning Commission action or this use
permit shall be reviewed by the Planning Commission and any action on the accessory structure shall be
reconsidered; and 8)that the proj ect shall meet all the requirements of the California Building and Uniform
Fire Codes,2001 Edition,as amended by the City of Burlingame. The motion was seconded by C.Keighran.
Comment on the motion: The accessory structure can be used for accessory living purposes, office,play
room, storage,but may not be used at any time for sleeping purposes or as a second dwelling unit.
Chair Osterling called for a voice vote on the motion to approve with amended conditions regarding the
removal of the fence around the accessory structure interior to the side property line fence and the
requirement that the stove and sink be removed within 90 days of commission action or the permits for the
accessory structure shall be reconsidered by the commission. The motion passed 6-0. Appeal procedures
were advised. This item concluded at 9:25 p.m.
7. 1120 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA — APPLICATION FOR
CONDITIONAL USE PERMIT FOR FINANCIAL INSTITUTION(CHECK CASHING)(REZA RAZAVI,
APPLICANT; CLAIRE CONSTANTINO TR ET AL,PROPERTY OWNER)(36 NOTICED)PROJECT
PLANNER: RUBEN HURIN
Reference staff report February 28,2005,with attachments. Plr Hurin presented the report,reviewed criteria
and staff comments. Seven conditions were suggested for consideration. Staff noted that two letters were
placed at the Commissioner's desks one from Irene Preston,Preston's Candy and Ice Cream, 1170 Broadway,
and one from Louise Simson, resident; both letters were in opposition to the project. There were no
questions of staff.
Chair Osterling opened the public hearing. Reza Razavi, 820 Seachase Drive, Redwood City , business
owner,represented the property. Glad to answer questions.Commissioners asked: how did you arrive at 30
to 70 customers a day?Based on activity in our busiest stores, Campbell and San Jose. Why Campbell?It
has a similar downtown location in community of about the same size. Will the customers for this store
come from Burlingame or outside? At San Mateo store customers ask if have place in Burlingame,no other
place in Burlingame for Western Union money transfer,currency exchange,money orders. Floor plans show
a lot of office space,how will it be used? One office will be owner's, new State and Federal laws require
keeping and filing a lot of paper,so one used for files,one will be used for the safe,and the other for office
machines,copies,fax etc. There is no parking on site,when increase to 90 customers a day where will they
park? There are 5 parking places in front, and a public lot on Chula Vista which seems to have a lot of
spaces all day;customer transactions are faster than a bank,maximum time is 2 to 5 minutes. What percent
of activity is check cashing vs.other business? About 70%of activity is check cashing,20%money transfer,
the rest is currency exchange. Why does someone come to you to cash a check? People do not have bank
accounts because its hard to get good credit,need two identifications to cash a check, people put a check on
hold and pay a percentage, for some people the speed of cashing is worth paying for. People who use this
service are working people,they are good people in the community.
Members of the public comment: Maritsa Chew, 1224 Broadway;Bill Sutterfield, 1174 Broadway; Barbara
Zukowski, 1108 Capuchino Avenue;Ana Morales, 1256 Capuchino Avenue;Rich Grogan, 1450 Columbus
Avenue; John Kevranian, 1241 Broadway; Elvida Schneider, 1120 Capuchino Avenue; Paulette Sudano;
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
Angela Koros,2885 Hillside Drive;Garbis Bedjian,property owner on Broadway;Ken Constantino,trustee
1120-1126 Broadway, 519 Nevada Avenue, San Mateo. It costs to be poor, and this is a use one sees in a
poor area,most commonly see in ghetto areas,merchants work hard to build up Broadway,work with BID,
should encourage this business to expand in another area,demographics here are not right,broad sided by
the smoke shop,should lift limitation on restaurants and no more nail salons on Broadway. Opposed,most
merchants asleep at the wheel when smoke shop opened,this is same path,not fit the vision of Broadway,
common at Third Street,Hunters Point;no one on Broadway use,will be used by transients to buy drugs and
drink. Growing number of businesses on Broadway are family friendly,these reflect the type ofbusinesses T
residents want,geared to young couples with children and senior citizens which is who we are;no need for a
check cashing place, let our guard down and open businesses that do not reflect our values,don't make the
same mistake twice,let this business go someplace else. Live three blocks from project;not-believe needed
by people in our community,3 or 4 banks serve this area,as police office check these kinds ofbusinesses in
San Francisco 4 or 5 times a day;not want Broadway to become upscale like Burlingame Avenue,but know
took 6 months to close a massage parlor, store next to 11 Piccolo carries porn. videos,then the smoke shop
which was to be a cigar store and now sells other things,know landlords want rents at any cost,but people
own houses and live in the area.
Comments continued: This business adds no value to Burlingame, serves people with questionable credit,
no established identification, not serve people who live in the Broadway area. Tourists are provided these
services by the hotels. Familiar with such stores in San Jose, serve itinerate workers, mobile population;
don't approve. Some of these businesses have a lot of fraudulent checks,stolen i.d.and a lot ofparolees and
sex offenders, use brings the wrong people. Lived 30 years in Broadway area, family friendly, surprised
when open smoke shop, not bad idea except for the things sold in the shop on Broadway; four banks on
Broadway why need check cashing service;businesses will cash check if make a purchase,this is a betrayal,
take a nice street,nice people and allow a business that is not needed or wanted to open. Love Broadway
and living nearby, not want workers who are cashing checks parking in front of house; take daughter to
Broadway,feel safe,even children go alone,people are well known and merchants know them, think twice
before you act. Recently made an addition to my house,big investment in the area,Broadway is not going
the way we thought, husband a police officer goes to check cashing places to make arrests, parolees use;
show how beautifully the community can work with the Planning Commission. Have three small children,
know the smoke shop and check cashing not serve us,sad to have to avoid shops,commission is the trustee
of the community, need a bakery, beauty supply store, Jamba juice, stores we have to go elsewhere to
patronize. Broadway has been improved, sidewalk beautification,nice new stores, smoke shop and check
cashing big step backward, know restrict businesses on Broadway,but gone to far, consider lift limits on
bakeries and restaurants,do what is best for the community. Own property been vacant a long time,looking
for a legitimate business,no place for check cashing business. Could have rented often,including smoke
shop,but not need on Broadway and would ruin the name. Worked at 1120 Broadway until 1993,father in
real estate on Broadway since 1949, tried for 4 %i months to lease, 10 to 12 inquiries were for nail or hair
salons, other two where check cashing businesses, one was new with no track record in business. This
applicant has run two other check cashing businesses,visited,clean,orderly and professional. There have
been no complaints about his business;Broadway needs a legitimate business,he has been in business for 10
years, he must renew his license with the state and federal governments each year; building was
nonconforming in parking when bought in 1960's, was once a laundromat, with greater number of daily
customers than this business is proposing. Applicant noted this is a legitimate business, don't know why
compare to pornography, financial institution, do what banks do; in San Jose deal with families with
children who come in to transfer money; looked at most closely by State and Federal governments, in 10
years never a problem at any location,has helped nearby businesses,people get cash and spend in the area.
There were no more comments from the floor. The public hearing was closed.
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City of Burlingame Planning Commission Unapproved Minutes February 28,2005
Commissioner comment: was at Wells Fargo and family there who could not get a check cashed,there was
no place for them to go,this would fill that need;years ago chambers filled with residents concerned about
churches letting people stay overnight, have now been doing for years without one problem; need to be
careful about stereo typing. Not right to make decision on whether the people who use service are poor,this
is the wrong location for such an intensive use,peak usage between 5 and 7 p.m.,if half the customers pop
off the freeway to use this business,little parking at front and lot of traffic congestion,pedestrian priority on
Broadway want to encourage people to walk;allowed financial institutions as a conditional use for two years
so that we could evaluate impacts. Concerned about intensification caused by this use, the number of
people, 90 people a day is a lot without any on site parking,peak use hours coincide with peak commute
hours on Broadway(5-7 p.m.),not need more congestion and parking problem reason considered financial
institutions for only 2 years. 70%of business is check cashing,these are people who are unable to cash a
check at a bank because they have bad credit, there are enough financial institutions on Broadway to meet
the community's needs. This business is not pedestrian oriented; community has valid concerns about
consistency with the vision of Broadway. Intensification is a problem at this location so close to the
intersection which is congested at rush hour; reason allowed with a conditional use permit is to insure
business enhance pedestrian and downtown nature; this use does not do that. City's demographics are a
surprise 50%of the people live in rental housing on El Camino Real,a large part of the economy of Mexico
is dependent upon transfer of cash. Not enough information to judge issues:what is the catchment area for
this business,mostly people in Burlingame or people off US 101;need to watch our biases.Believe residents
in Burlingame need this service, don't know if this is the right location, concerned about the parking.
C.Bojues noted that certain element of the community needs this service,can condition to come back to the
Commission for review if receive complaint including parking, so move approval by resolution with the
conditions in the staff report and the added condition that the permit be reviewed in 12 months and upon
complaint of violation of the conditions of approval or the municipal code. The motion was seconded by C.
Osterling.
Comment on the motion: got a lot of community input,but what about additional information; talk about
need but hard to project if there will be a problem or not, aware of increase intensity on traffic but no
measure. Would like information on other locations,what was the increase in customers over time,how did
they arrive at 90 customers in 2 years? What will be the impact on the traffic on that section of Broadway?
What will be the impact on the parking availability in that area? Little parking on this block and none across
the street. How will this use mix with the p.m.peak on Broadway? What market research has been done to
determine number of customers over time? What are the signage allowances and requirements for this site,
and what does the applicant intend to ask for?
Chair Osterling called for a roll call vote on the motion to approve the conditional use permit with an added
condition. The motion failed on a 2-4(Cers.Auran,Brownrigg,Keighran and Vistica dissenting). The CA
noted that the motion would stand denied unless another motion was made.
C. Brownrigg made a motion to continue this item until the applicant could provide additional information
on the items mentioned including signage, parking and traffic, customer volume and growth data, and
information on the catchment area for this business;without this information cannot make this decision in a
balanced way. Motion was seconded by C. Bojues.
Comment on the motion:do you want to add pedestrian generation or traffic and parking studies? Yes need
a solid study by a professional;catchment area can be done by zip code of people through door at other sites;
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
would like to know the percentage of delinquent transactions for different sites;need a traffic and parking
,.� study similar to Starbucks prepared by a third party.
Chair Osterling called for a roll call vote on the motion to continue this item until the information requested
has been prepared and submitted to the planning staff. The motion passed 5-1 (C.Auran dissenting)roll call
vote. This action is not appealable. This item concluded at 9:35 p.m.
Chair Osterling called for a five minute break at 9:35 p.m. The Commission reconvened at 9:40 p.m.
8. 1275 ROLLINS ROAD, ZONED M-1 — APPLICATION FOR CONDITIONAL USE PERMIT AND
PARKING VARIANCE FOR AUTOMOBILE SALES(JIM GLOVER,APPLICANT;PETER BRAUN&
ASSOCIATES, DESIGNER; FRANK MURPHY, PROPERTY OWNER) (16 NOTICED) PROJECT
PLANNER: CATHERINE BARBER
Reference staff report February 28, 2005, with attachments. CP Monroe presented the report, reviewed
criteria and staff comments. Seven conditions were suggested for consideration. Commission asked:do we
know the number of cars which will be delivered by car carrier?Will any be delivered by flat bed truck,if so
can a flat bed truck back into the warehouse, so able to make deliveries inside the site? CP Monroe noted
staff does not know how many cars will be delivered by car carrier,but cars cannot be transferred from a car
carrier on either the public street(Rollins Road or North Carolan)or private street(Whitethorn Way); if a
flat bed truck can back into the roll up door and unload in side the warehouse, that is OK; the objective is
that delivery be done entirely on the site and cannot be done on the public and private streets in the vicinity
of the business if the delivery cannot be done entirely on the site e.g. inside the warehouse. There were no
further questions of staff.
Chair Osterling opened the public hearing. Jim Glover, 208 Robin Way, Menlo Park, represented the
business. Noted he was here to answer questions. Commissioners asked: Can flat bed delivery vehicles
maneuver into the warehouse to unload? If delivering a single car, can back in,will accept a condition to
that effect? Do you have three parking spaces outside of the warehouse on the Whitethorn side? This is
something of a problem, there is a five year least to Mr. Lapkin to use these spaces for the storage facility
across the street,but a lease agreement allows the car sales business to use these three spaces,letters in the
record regarding this issue. CP Monroe noted that a conditional use permit was granted to the storage
facility across Whitethorn Way with these three parking spaces included as a part of the required on-site
parking,the City considers these spaces committed to the storage facility and thus cannot be used or leased
to mitigate parking for this auto sales business without amending the conditional use for the storage facility.
How does your proposed business work? Want to establish an auto dealership for 100% hybrid engine
vehicles,in order to make feasible must also sell high end exotic cars. Advertise the business on the internet
and meet customers by appointment; however, not opposed to people coming without an appointment to
look at these cars so will be open on a regular basis. Will the majority of your business be by appointment,
can you give a percentage without appointment? Not too many without appointment. We are licensed to sell
in Fremont where we have a similar operation. Project to sell 50 vehicles in the first year and 75 in the
second year. How will customers find the back door and where will they park? There will be three spaces
they can use on Whitethom, parking on Rollins Road at the front door during the day and a little parking
inside the warehouse. There were no further comments from the floor. The public hearing was closed.
Commissioner comments: need to confirm that there are three parking spaces on Whitethorn Way; clear
from tonight discussion that there are not three parking spaces on Whitethorn Way for this business to use;
the applicant is requesting a parking variance for this use, think that the action should be conditioned to
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
have the variance voided if the use changes from what is described in this use permit or if the building is
demolished.
C.Boju6s moved to approve this conditional use permit for auto-sales wholly within a warehouse building
by resolution with additional conditions to allow single car deliveries to the site using a flat bed truck only of
a size which can be backed into the warehouse area for unloading on site and that this variance shall become
void if the use as approved is modified or the building is demolished, and including the conditions in the
staff report as amended and follow:
1)that this conditional use permit at 1275 Rollins Road shall be for automobile sales only which is wholly
enclosed within a warehouse structure with no outdoor automobile display area;the use of this site shall be
configured as shown on the plans submitted to the Planning Department and date stamped January 13,2005,
sheet A-1 and A-2, site plan and floor plan; with no on-site parking provided; 2) that automobile sales
inventory at this location shall not exceed three vehicles at any given time; 3)that the hours of operation of
this business shall be limited to Monday through Saturday 9:00 a.m. to 5:00 p.m., with a maximum of 5
people in this tenant space at any one time(including owner,employees and customers); 4)that there shall
be no more than three employees total including the owner or owners of the business working from this site;
5) that inventory vehicles to be sold shall be stored within the building, and are prohibited from being .
parked,stored,displayed or exhibited on the street,on Rollins Road,North Carolan Avenue or Whitethorn
Way; 6)that cars maybe delivered to this site individually on a flat bed truck which can be backed into the
warehouse and the car unloaded inside the warehouse; no car shall be delivered to this site by a multi-car
carrier truck,that the cars delivered by a multi-car carrier truck must be unloaded at a location approved by
the City and driven to the site during business hours;failure to have an approved unloading site or to use any
adjacent public or private street for loading or unloading cars to be sold, leased or transferred by this
business shall result in reviewed and possible revocation of this conditional use permit and parking variance;
7)that the parking variance for this auto sales wholly enclosed in a warehouse building shall become void if
the use of this site is changed or if the building is ever demolished; 8) that no banners shall be used to
advertise car sales at this locations and that the applicant shall apply for all of the necessary permits for
signage on this site as per Burlingame Title 22 regulating signs; and 9)that any improvements or changes
necessary for this use in this structure as determined by the Chief Building Official or Fire Marshal shall be
done in compliance with the provisions of the California Building and Fire Codes as amended by the City of
Burlingame. The motion was seconded by C. Keighran.
Chair Osterling called for a voice vote on the motion to approve with amended conditions. The motion
passed 6-0. Appeal procedures were advised. This item concluded at 10:05 p.m.
9. 821 COWAN ROAD,ZONED O-M—APPLICATION FOR MITIGATED NEGATIVE DECLARATION,
SIDE SETBACK AND PARKING VARIANCES,AND CONDITIONAL USE PERMITS FOR A FIRST
FLOOR REMODEL AND SECOND FLOOR ADDITION TO AN EXISTING OFFICE/WAREHOUSE
BUILDING (GREG WARD, ONESTOP DESIGN, INC., APPLICANT AND DESIGNER;
KONSTANTINOS DOKOS, PROPERTY OWNER) (15 NOTICED) PROJECT PLANNER: RUBEN
HURIN
Reference staff report February 28,2005,with attachments. Plr Hurin presented the report,reviewed criteria
and staff comments. Forty-one conditions were suggested for consideration. Commission asked how the
parking variance changed. Plr noted that parking variances for total number of on-site parking spaces and
number of compact parking space were eliminated,however a parking variance for aisle width at the north
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
and south ends of the parking lot is still required. Commission noted that the tables showing how this
project met the Bayfront Design Guidelines were presented well in the staff report.
Chair Osterling opened the public hearing. Greg Ward,designer,One Stop Design,Inc.,3566 Beard Road,
Fremont,and Konstantinos Dokos,property owner,were present to answer questions,intent was to upgrade
the area but not overwhelm the existing buildings,articulated the left side of the building to comply with the
setback requirements, now only the one-foot wide architectural column features extend into the setback,
parking layout was revised to comply with disabled-accessible parking requirements,project now meets the
parking requirements with the exception of the aisle widths,and added landscape fingers to the parking area;
there is a problem with drainage at the rear corner of the lot, will have to re-grade and provide a new
drainage system in the parking lot;building will contain a red, s-tile roof,building will be broken up using
two colors, an arch was incorporated over the entrance to the building; in regards to the window, can do a
raised stucco or wood trim,provided a detail for the window trim,windows will be white vinyl;this will be
a great building for businesses that have an office and also need space for light manufacturing.
Commission noted that at the last meeting there was some discussion about adding a base to the facade on
the front of the building to help articulate the blank wall,feel that other treatment is needed at the front,was
this considered? Designer noted that vines will be incorporated into the landscape design so that they grow
on the exterior walls,window details as provided will also help. Commission noted that there is no area set
aside on the ground floor for employees to use,can this be incorporated somehow? Designer noted that the
front path to the building can be enhanced with benches or seating blocks, can incorporate into the final
design. Commission noted that the narrow landscape fingers in the parking lot will not do much,should they
be eliminated for wider parking aisles? Designer indicated that he tried to meet the parking requirement and
provide landscaping in the parking area,feel that the landscaping fingers as proposed will help to break up
the long rows of parking to make the parking lot look pleasant, eliminating the landscaping fingers would
only pick up a few extra feet,not enough to eliminate the parking variance for aisle width. There were no
further comments and the public hearing was closed.
C. Brownrigg moved to approve the mitigated negative declaration and addendum, by resolution, find it
satisfied the requirements of the California Environmental Quality Act, with the mitigation measures as
outlined in the initial study for the project. This motion was seconded by C. Vistica.
Chair Osterling called for a voice vote on the motion to approve the mitigated negative declaration and
addendum. The motion passed 6-0.
C.Brownrigg 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 4, 2005, sheets T.1, L.l, T.2, A.1 through A.7 and Plat of Survey; 2) that a seating area, to be
architectural compatible with the building, shall be designed at the front entrance to the building; 3)that
vines,to grow along the front wall of the building,shall be planted and maintained by the property owner;4)
that the windows and window trim shall be installed as shown on the detail,date stamped February 4,2005;
5) that the parking variance shall only apply to this building and shall become void if the building is ever
expanded,demolished or destroyed by catastrophe or natural disaster or for intentional replacement; 6)that
the conditions of the City Engineer's and Fire Marshal's June 1,2004,memos,the Chief Building Official's
February 9,2005,and June 4,2004,memos,the Recycling Specialist's June 2,2004,memo and the NPDES
Coordinator's January 31,2005,memo shall be met; 7)that payment of a Bayfront Development fee to the
City of Burlingame for traffic impacts in the Inner Bayshore and Shoreline areas shall be required to mitigate
cumulative impacts of this and other projects on area circulation, one-half of the fee is due at the time of
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City of Burlingame Planning Commission Unapproved Minutes February 18,2005
planning application and one-half due before the final framing inspection; 8)that one-way directional
signage shall be installed and painted throughout the parking area to clearly define the vehicular direction for
employees and visitors to the site;prior to issuance of a building permit,the applicant/property owner shall'-�
work with the City s traffic engineer to determine the required signage and markings on the pavement to
clearly identify the on-site vehicular direction; 9)that the driveway aisles in front of the roll-up doors at the
rear of the building and in the parking area shall be maintained clear and trucks shall not be stored or parked
in the driveway aisles; 10)that the paved area adjacent to parking space#15 shall be painted"No Parking"
to provide a clear,unobstructed back-up area for the disabled-accessible parking spaces; 11)that the 53 on-
site parking spaces shall be used only for the customers and employees of the businesses at this site and shall
not be leased or rented for storage of automobiles either by businesses on this site or by other businesses for
off-site parking;12)that the landscaping noted on sheet L.1 shall be installed according to plan and shall be
irrigated with an automatic irrigation system; landscaping that does not survive on the site shall be
immediately replaced with an equivalent species; 13)that the property owner shall provide a complete
Irrigation Water Management Conservation Plan together with landscape and irrigation plans at time of
permit application;14)that the officetwarehouse building shall be built so that the interior noise level in all
areas used as office does not exceed 45 dBa;15)that all construction shall abide by the construction hours
established in the City of Burlingame Municipal Code,and shall occur only between the hours of 7:00 a.m.
and 7:00 p.m.on weekdays,9:00 a.m.and 6:00 p.m.on Saturdays,and 10:00 a.m.and 6:00 p.m.on Sundays
and holidays;16)that on-site illumination shall be shielded and directed only on to the site in compliance
with the City's exterior illumination ordinance; 17)that all parking areas should be lit for safety at night,
such lighting should comply with the requirements of the City's exterior illumination ordinance; 18)that the
remodel/addition shall not be built with a reflective exterior finish;19)that the project shall obtain necessary
permits to meet the standards of the required permitting agencies including: Bay Area Air Quality
Management District;20)that the project design shall conform to all seismic related requirements of the
latest edition of the California Building Code as amended by the City of Burlingame in effect at the time a
building permit is issued and any additional seismic requirements established by the State Architect's office;
21)that all construction shall be required to be done in accordance with the California Building Code
requirements,2001 edition,as amended by the City of Burlingame,and in addition to the limitations of
hours of construction imposed by the City of Burlingame Municipal Code(CS 18.08.035);22)that all new
utility connections to serve the site and which are affected by the development shall be installed to meet
current code standards and diameter;existing sewer laterals shall be checked and replaced if necessary;23)
that water and sewer lines shall be constructed from flexible material with flexible connections with the
degree of flexibility established by the City Engineer and with his approval and inspection; 24)that in the
event that there is subsidence as the result of an earthquake,the site shall be repaired as approved by the City
Engineer; 25)that all site and roof drainage shall be directed to the street frontage; 26)that low flow
plumbing fixtures shall be installed and City water conservation requirements shall be met at all times,
including special additional emergency requirements;27)that the grading plan shall be prepared by a
licensed Civil Engineer and approved by the City Engineer. All applicable requirements of the NPDES
permit for the site shall be adhered to in the design and during construction; 28)that if construction is done
during the wet season(October 15 through April 15),that prior to October 15 the developer shall implement
a winterization program to minimize the potential for erosion and polluted nmoffby inspecting,maintaining
and cleaning all soil erosion and sediment control prior to,during,and immediately after each storm even;
stabilizing disturbed soils throughout temporary or permanent seeding,mulching matting,or tarping;rocking
unpaved vehicle access to limit dispersion of mud onto public right-of-way; covering/tarping stored
construction materials,fuels and other chemicals; 29)that all applicable San Mateo County Stormwater
Pollution Prevention Program Best Management Practices shall be adhered to in the design and during
construction,including stabilizing areas denuded due to construction prior to the wet season;erosion shall be
controlled during and after construction to protect San Francisco Bay waters; 30)that the applicant shall
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
submit an erosion and sedimentation control plan describing BMPs (Best Management Practices) to be used
to prevent soil, dirt and debris from entering the storm drain system; the plan shall include a site plan
showing the property lines, existing and proposed topography and slope; areas to be disturbed, locations of
cut/fill and soil storage/disposal areas; areas with existing vegetation to be protected; existing and proposed
drainage patterns and structures; watercourse or sensitive areas on-site or immediately downstream of a
project; and designated construction access routes, staging areas and washout areas; 31) that the erosion and
sedimentation control plans should include notes, specifications, and/or attachments describing the
construction operation and maintenance of erosion and sediment control measures, including inspection
frequency; methods and schedule for grading, excavation, filling clearing of vegetative cover and mulch,
including methods and schedules for planting and fertilization; and provisions for temporary and permanent
irrigation; 32) that all runoff created during construction and future discharge from the site shall be required
to meet the applicable San Mateo County Stormwater Pollution Prevention Program Best Management
Practices for surface water runoff and Storm Drain maintenance; 33) that all runoff in the parking lot,
including runoff from the landscaped areas, shall be filtered to remove oil and grease prior to discharge by a
method approved by the City Engineer and such facilities shall be installed and maintained by the property
owner, failure to maintain such filters and facilities in working conditions shall cause this conditional use
permit to be called up for review, all costs for the annual or more frequent inspection and enforcement of this
condition shall be paid for by this project's property owner; 34) that the phrase "No Dumping-Drains To
Bay" shall be labeled on new storm drain inlets by stenciling, branding, plaguing or casting; 35) that grading
shall be done so that impacts from erosion and runoff into the storm drain will be minimal; 36) that each
storm water inlet on the site shall be equipped with a sand/oil separator; all sand/oil separators shall be
inspected and serviced on a regular basis, and immediately following periods of heavy rainfall, to ascertain
the conditions of the chambers; maintenance records shall be kept on-site and maintenance shall be as
directed by the City; 37) that drainage from paved surfaces, including parking lots, driveways and roofs
shall be routed to storm water inlets equipped with sand/oil-separators and/or fossil filters, then the water
shall be discharged into the storm drain system; the property owners shall be responsible for inspecting and
cleaning (vacuuming out) sand/oil separators and changing fossil filters on a regular basis as well as
immediately prior to, and once during, the rainy season (October 15 — April 1) and as directed by the City;
38) that off-site runoff shall be diverted around the construction site and all on-site runoff shall be diverted
around exposed construction areas; 39) that trash enclosures and dumpster areas shall be covered and
protected from roof and surface drainage and that if water cannot be diverted from these areas, a self-
contained drainage system shall be provided that discharges to an interceptor; 40) that no vehicles or
equipment shall be washed, cleaned, fueled or maintained on-site; 41) that methods and procedures such as
sediment basins or traps, earthen dikes or berms, silt fences, straw bale dikes, check dams storm drain inlet
protection soil blanket or mats, and covers for soil stock piles to stabilize denuded areas shall be installed
during construction to maintain temporary erosion controls and sediment control continuously until
permanent erosion controls have been established; 42) that the site shall be sprayed with water to control
dust during grading and construction. Construction equipment emissions shall be in compliance with the
standards of the Bay Area Air Quality Management District; 43) that a construction fence, including a
impermeable fabric/material, shall be required around the site during construction to keep all construction
debris on site; 44) that if any trenching is proposed on the site, the applicant shall contact the San Mateo
County Health Department; if any contaminated soil is encountered, the applicant shall follow County
protocol for its disposal; and 45) that if any prehistoric or historic archeological relics are discovered during
grading and construction, all work shall be halted until the finding can be fully investigated and proper
protection measures, as determined by qualified experts, can be implemented. The motion was seconded by
C. Auran.
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City of Burlingame Planning Commission Unapproved Minutes February 28,2005
Comment on the motion:Cannot approve as proposed,feel there is a lot than can be done to enhance the
project further. CA Anderson noted that the parking variance can be tied to the existing building. The
maker of the motion and second agreed to amend the motion with this requirement.The designer eliminated
two parking variances,has been open to the Commissions'ideas throughout the review process,like the way
open decks were incorporated into the second floor,adds to the design and articulation,this project is a good
start for the redevelopment of this area as encouraged by the recently approved Specific Plan.
Chair Osterling called for a voice vote on the motion to approve. The motion passed 5-1 (C.Vistica
dissenting). Appeal procedures were advised. This item concluded at 10:30 p.m.
IX. DESIGN REVIEW STUDY ITEMS
10. 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 LORIS WHITE,PROPERTY OWNERS)(64 NOTICED)
PROJECT PLANNER:ERICA STROHMEIER
CP Monroe briefly presented the project description. There were no questions of staff.
Chair Osterling opened the public comment. Robert Medan,architect,1936 Los Altos Drive,San Mateo,
noted that the family needs more space for large family,special permit for height requested to match the
existing roofpitch,there is a small retaining wall at the front which raises the property above the top ofcurb
level. Commission noted that this site can handle the height well because there is a lot of mature
landscaping. Commission asked ifthe applicant considered moving the detached garage further back on the
lot?Architect noted that its not possible now because ofbudget constraints,would cost an additional$60K-
$80K. Commission asked why existing building elevations were not provided? Architect noted that the
existing building envelope was dashed in,thought this would be enough to compare existing and proposed,
will provide on future submittals. There were no other comments from the floor and the public comment
was closed.
C.Keighran noted that the design blends in with the existing house and made a motion to place this item on
the consent calendar as proposed. This motion was seconded by C.Auran
Comment on motion: Commission expressed a concern with the second floor cantilever at the rear,left side
of the house;cantilever works well since it will create a shadow line over the window and stairway,architect
has done a nice job with this project.
Chair Osterling called for a vote on the motion to place this item on the consent calendar as the project is
proposed. The motion passed on a voice vote 6-0. The Planning Commission's action is advisory and not
appealable. This item concluded at 11:40 p.m.
11. 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
Plr Hurin briefly presented the project description. There were no questions of staff. ..
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
Chair Osterling opened the public comment. Eriko Stauber, architect, 501 Walnut Street, San Carlos, was
•—. present to answer questions. Commission asked why a two-car garage is being proposed when only one
covered space is required for the two-bedroom house? Architect noted that property owner would like to
park both of his cars in an enclosed garage. There were no other comments from the floor and the public
comment was closed.
C. Auran noted that the architect has done a nice job with this project and made a motion to place this item
on the consent calendar as proposed. This motion was seconded by C. Osterling.
Chair Osterling called for a vote on the motion to place this item on the consent calendar as the project is
proposed. The motion passed on a voice vote 6-0. The Planning Commission's action is advisory and not
appealable. This item concluded at 11 :45 p.m.
12. 828 LAUREL AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW FOR A FIRST AND
SECOND STORY ADDITION (DAN AND MOIRA LUCIER, APPLICANTS AND PROPERTY
OWNERS; JD & ASSOCIATES DESIGNER) 001 NOTICED) PROJECT PLANNER: RUBEN HURIN
Plr Hurin briefly presented the project description. There were no questions of staff.
Chair Osterling opened the public comment. Dan Lucier, property owner, and Jerry Deal, designer, 1228
Paloma Avenue, Burlingame, were present to answer questions, need more space for growing family. There
were no other comments from the floor and the public comment was closed.
Commission had the following comments and concerns:
• need to provide landscape plan for entire property before next meeting, should include large scale
plant material to screen addition.
C. Keighran made a motion to place this item on the consent calendar at a time when the landscape plan has
been submitted and plan checked. This motion was seconded by C. Bojues.
Chair Osterling called for a vote on the motion to place this item on the consent calendar when plans had
been revised as directed. The motion passed on a voice vote 6-0. The Planning Commission's action is
advisory and not appealable. This item concluded at 11 :50 p.m.
13. 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
Plr Hurin briefly presented the project description. There were no questions of staff.
Chair Osterling opened the public comment. Jack Matthews, architect, 335A E. e Avenue, San Mateo, was
present to answer questions, noted that a new entry was added on the ground floor so that the front door now
faces the street, filling the empty notch in the kitchen, proposed second floor addition preserves the sloping
ceiling and is integrated into the existing architecture. Commission noted a concern with the blank wall
along the right side second story, can a window be added here? Architect noted that this area on the second
floor contains closets and would rather not place windows here, the second floor along this side of the house
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
has three planes which step back and articulate this side of the house. There were no other comments from
the floor and the public comment was closed.
C. Boju6s noted that the articulation addressed the blank portion of wall, this is a nice design and made a
motion to place this item on the consent calendar as the project is proposed. This motion was seconded by
C. Auran.
Chair Osterling called for a vote on the motion to place this item on the consent calendar as proposed. The
motion passed on a voice vote 6-0. The Planning Commission's action is advisory and not appealable. This
item concluded at 11:55 p.m.
14. 1450 CAPUCHINO AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW FOR 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
Plr Hurin briefly presented the project description. There were no questions of staff.
Chair Osterling opened the public comment. James Chu, designer, 39 W. 43rd Avenue, San Mateo, and
Steve Murphy, property owner, were present to answer questions. Commission noted that the house is
articulated well with vertical and horizontal elements,like the proposed building envelope,existing houses
in the neighborhood are modest but it will not be this way forever; landscaping will be different for the
neighborhood with 100% landscaping on the corner; proposed balcony on Mills Avenue is an important
focal point,adds interest and shadows,like the details for the balconies. The Commission also expressed the
following concerns with this project:
• Neighborhood is modest and this is a visible corner,concerned with the fit of the house,need to find
ways to make house less bulky;
• Should consider making the house look smaller by reducing the number of balconies, there is a
surplus of balconies on this house; would like to see balcony cantilevered over the deck at rear
(adjacent to master bedroom) eliminated.
There were no other comments from the floor and the public comment was closed.
C.Keighran noted that this is a nice project and fits in to the neighborhood,is articulated well with balconies
and materials proposed, and made a motion to place this item on the consent calendar at a time when the
comments have been addressed and plan checked. This motion was seconded by C. Auran.
Comment on motion: can understand reason for balcony on Mills Avenue, but still concerned with the
cantilevered balcony at the rear, eliminating it would bring more sunlight to the patio below,recommend
removing rear balcony.
Chair Osterling called for a vote on the motion to place this item on the consent calendar when the
comments have been addressed and plan checked. The motion passed on a voice vote 4-2(Cers.Boju6s and
Brownrigg disenting). The Planning Commission's action is advisory and not appealable. This item
concluded at 12:05 a.m.
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
15. 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.Vistica recused himself from this item because of a business relationship with the property owner. He left
the Council Chambers. CP Monroe briefly presented the project description. There were no questions of
staff.
Chair Osterling opened the public comment. Suheil Shatara, architect, 522 Second Street, San Francisco,
and Jim Totha,restaurant operator,noted that he is not opposed to the tile base,didn't realize it was existing,
now interested in opening up to the sidewalk the corner of the building with sliding doors,will add a nice
image to downtown area,entrance doors on both frontages also shifted slightly. Architect submitted a sketch
showing a way to keep some of the tile,tile would be kept on the outer ends of the building on both facades
with full height sliding doors at the corner of the building,some of the the can be repaired and reused,will
be difficult to match,could look at different dye lots,but may have to remove and replace all tile,understand
that tile is part of the historic fabric of the building. The restaurant operator would like to open up the corner
so that waiters have access to the seating area on the sidewalk.
Commission noted that the original application was to combine the multi-tenant spaces into one space and
bring the building back to it's original design,now changes are being proposed. Commission asked if two
sets of sliding doors are proposed, one on each fagade;yes. Commission asked for clarification of the duct
work on the side of the building, does it overhang the property line? Architect noted that the drawings do
clearly show the location of the duct work, it is located on the subject property and behind a solid wall, it
does not extend beyond the property line and is required to be at least 10 feet from property line. There were
no other comments from the floor and the public comment was closed.
The Commission had the following concerns and comments:
• Would like to see tile along the bottom edge of the building retained,including on the concrete wall
on the California Drive facade;
• Existing tile should be repair/restored,those that need to be replaced should match existing as close
as possible;
• Would like to see sliding doors at corner of building eliminated;can keep sliding windows with tile
base as originally proposed;
• Applicant could come back with design of several alternatives with a tile base incorporated into the
design;
• This is a strong focal point in the community,need to seriously consider the suggestions made by the
Commission regarding the exterior design;
• Concerned with alcohol being served in public right-of-way with proposed opening at corner,
applicant needs to talk to ABC; staff should check with the Public Works Department regarding
direct access from restaurant to seating on public right-of-way;
0 Concerned with access proposed that outside seating area will take over the entire sidewalk;need to
provide 6 foot wide clear aisle on sidewalk for disabled accessibility.
C. Osterling noted that if the tile base and sliding windows are kept as originally approved, and the only
change is shifting the entrance doors, the project may be placed on the consent calendar. However, if the
design differs from the original approval,the project will have to come back as a regular action item. Staff
will determine the direction based on the revised plans submitted.
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City of Burlingame Planning Commission Unapproved Minutes February 28, 2005
C. Vistica returned to the dias.
X. PLANNER REPORTS
- Review of City Council regular meeting of February 22,2005.
CP Monroe reviewed the actions of the Council meeting of February 22,2005. She noted that the City
has applied for a Transient Oriented Development grant in the North El Camino Real area within 1/3
mile of the BART station.Commissioners expressed an interest in both the League of California Cities
Planners Institute and in the American Planning Association meeting in San Francisco. CP Monroe will
send them information on the APA meeting.
- FYI: Status Report Regarding Addition at 1449 Balboa Avenue.
Because of the late hour this discussion item was deferred to the next meeting. Staff will send out the
staff report a second time.
- FYI: Revisions to an approved design review project at 1029 Balboa Avenue,zoned R-l.
Commission acknowledged the requested changes and approved them.
XI. ADJOURNMENT
Chair Osterling adjourned the meeting at 12:40 a.m.
Respectfully submitted,
Michael Brownrigg, Secretary
S:\MINUTES\unapproved.02.28.05.doe
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