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HomeMy WebLinkAboutAgenda Packet - CC - 2006.01.17 BURLINGAME CITY COUNCIL AGENDA City of Burlingame Regular Meeting—Tuesday,January 17, 2006 501 Primrose Road Burlingame,CA 94010 650 558-7200 Page 1 of 3 REVISED STUDY SESSION (PowerPoint Presentation) 6:00 p.m. Lane Room Citywide Facilities Improvements: Review of Phase 1 Scope of Work for Public Opinion Polling STUDY SESSION (PowerPoint Presentation) 6:30 p.m. Lane Room Proposed Amendments to the SBWMA JPA 1. CALL TO ORDER 7:00 p.m. Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. MINUTES —Regular Meeting of January 3, 2006 Approve 5. PRESENTATION a. Proclamation honoring American Heart Association's Proclamation/Presentation "Go Red for Women Day" on February 3, 2006 b. BFI/Allied Waste on proposed reroute schedule Presentation 6. PUBLIC HEARING The Mayor may limit speakers to three minutes each. a. Adopt Ordinance to amend Chapter 6.24 (Peddlers and Hearing/Action Solicitors) and repeal Chapter 6.26 (Charitable Solicitation) 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. 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. Resolution accepting the 2006 solid waste rate adjustment Approve of 3 percent to establish a revenue reserve in the City's Solid Waste Balancing Account with Allied Waste Services b. Shared Recreation services between the cities of Discuss/Direct Burlingame and Millbrae BURLINGAME CITY COUNCIL AGENDA City of Burlingame Regular Meeting—Tuesday,January 17,2006 501 Primrose Road Burlingame,CA 94010 650 558-7200 Page 2 of 3 REVISED c. Consider appointment to the Planning Commission Appoint d. Investment Policy for 2006 Approve 9. CONSENT CALENDAR Approve a. Resolution approving adoption of a disadvantaged business enterprise goal of five percent for the Federal FY 2005/2006 b. Resolutions authorizing a Professional Services Agreement with Solem and Associates to conduct a Phase I public opinion polling for the citywide facilities improvements project and approving transfer of funds from contingency reserve to the facilities project c. Recommendation to adopt the revised 2006 City Council calendar d. First Amended and Restated Joint Exercise of Powers Agreement of the South Bayside Waste Management Authority (SBWMA) e. Warrants & Payroll f. Appointment of Frankie Meyer to Downtown Burlingame Avenue Area Business Improvement District(BID) Advisory Board 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS a. Discussion of Economic Study interviews for Burlingame Discuss Avenue area 12. NEW BUSINESS 13. ACKNOWLEDGEMENTS a. Department Reports: Building, December 2005 b. Commission Minutes: Planning, January 9, 2006 14. ADJOURNMENT TO CLOSED SESSION BURLINGAME CITY COUNCIL AGENDA City of Burlingame Regular Meeting—Tuesday,January 17, 2006 501 Primrose Road ` Burlingame,CA 94010 650 558-7200 Page 3 of 3 REVISED CLOSED SESSION a. Conference with Labor Negotiator pursuant to (Government Code § 54957.6): City Negotiators: Jim Nantell, Deirdre Dolan, Glenn Berkheimer Labor Organizations: Police Officers Association; Police Officers Administrators b. Pending Litigation (Government Code § 54956.9(a)): Crisaft vs. Sargen, San Mateo Superior Court Case No. 355462 Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall 501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlin a¢ me.or . Agendas and minutes are available at this site. NEXT MEETING—Saturday,January 28,2006 NAk d f � CITY BURLINGAME ?y __ of Burlingame ' - 0 CITY WIDE FACILITES IMPROVEMENTS Phase One 'PPOR ATE D ik Public Opinion Polling r City Wide Facilities Improvements — Phase I �a AGENDA ...................... Background y City Wide Facilities Improvements Issues Y Options Costs/Financing Consultant team review Council involvement in developing poll { Phone interviews by consultant ¢: Summary report back to Council Feedback and Comments City Wide Facilities Improvements BACKGROUND Identification of Needs Draft 2004 City Buildings (Facilities Master Plan) Storm Drain System Master Plan Initial Review at Council Study Session October and April , 2004 Review by Finance Subcommittee im November, 2004 and February, 2005 City Wide Facilities Improvements IDENTIFICATION OF NEEDS Facilities Improvements w Recreation Center City Hall Other Buildings Police Station on Trousdale Drive Fire Station 34 on California Drive Fire station 35 on Hillside Drive i qJ Fire Station 36 on Rollins Road Parks Yard at Washington Park Aquatic Center at Burlingame High School Storm Drain System City Vide Facilities Improvements FACILITIES MAP N TM POLICE STATION j� aeu cwaucacrn wey J FIRE STATION#36 f � FIRE STATION#34 * * AQUATIC CENTER PARKS YARD P� * RECREATION CENTER FIRE STATION#35 �t CITY HALL �V v 5�OX4�� � �P City Wide Facilities Improvements ISSUES Structural deficiencies Inadequate fire protection Seismic and building code upgrades A9 A sbestos Poor security Disabled accessibility Poor work space design Cramped office spaces Insufficient parking City Wide Facilities Improvements STORM DRAIN SYSTEM GOWAN �� � PUMPSTATION CITY OF BURLINGAME STORM DRAIN IMPROVEMENTS NTS TtP� /A ��;y ' IMPROVEME pp „n 1740 ROLLINS f PUMP STATION ADRIAN PUMP STATIONNEW FORCE FI 1 AiN PIPEUNE ,Fl SAN FRANCISCO BAY i 0ARSTEN Y PUi.;P3;Af')N CALIFORNUIIGROVE - o PUMP STATION ' NEW SANCHEZ 14 PUMP STATION AND FORCE'MAIN DOUBLE 90" dti � 10 SQA` k PIPELINES .1VO��Q.S NEW BO" BYPASS PIPELINE NEW 60" BYPASS PIPELINE wI'aPK��y CREEKS City Wide Facilities Improvements SUMMARY FACILITY COSTS REC CENTER $ 7 - $56 million STORM DRAIN $7 - $36 million CITY HALL $3 - $56 million (included in Rec Center above ) OTHER BUILDINGS $2 - $ 7 million Total Cost $13 - $99 million City Wide Facilities Improvements EXAMPLES of FINANCING OPTIONS PARCEL TAX UTILITY USERS TAX ASSESSMENT DISTRICTS COMMUNITY FACILITIES DISTRICT City Wide Facilities Improvements SCOPE OF WORK — Phase Develop Roadmap for public financing Evaluate financing for improvements Prepare draft questionnaire Review poll questions with Council and stakeholders Conduct poll and research Presentation of poll results Summary report a t_ Bt�JF1.IN�AME CITY OF BURLINGAME Public Financing Strategy - for Citywide Facilities Improvements Project No. 80760 January 17, 2006 SOLEM ` ASSOCIATES for g Public Financin Pro ram Roadmap • I - Public Opinion Poll Phase • PhaCommunity se II - Outreach. Publicg meetings and information Develop materials and Media relations Ballot measure language • Phase III --- Campaign Stake holders and Council promotion i V t s . C.A T B s SOLEM ASSOCIATES RM PhaseI - Public Opinion Poll Goals • Determine public support and packaging of variousJro j ects p • Understand support for fundingofprojects • Compare results with voter demographics and participation rates • Test arguments for and against various projects • Determine who and what entities residents look to for leadership and advice on these issues -r D A V I%11CIATIS SOLEM ASSOCIATES MIS IN Phase I PollingProcess • Evaluatefnancin and taxpayer costs for improvements • Draft questionnaire with Council and ;ni LaX..Clly lu�l ►� • Survey600 randomly selected registered voters • Analyze data and write re ort of findingsp • Present results to City Council p4 4 �+ a- L` DAVIS%& CI ATES SOLEM ASSOCIATES Phase II - Community Outreach and Public Information • Pu g to provide blic meetin s information and seekublic input p • Identifykeyindividuals and organizations forpublic meetin s g • Develop key messages for public meetings W E 1 ,e DAVIS%& CI ATES SOLEM, ASSOCIATES Phase II - Community Outreach and Public Information (continued) • Develop materials including fact sheets, brochures, website, and database • Provide information to the media • Provide media training to city officials as appropriate or necessary • Track responses & concerns - t DAVIS%& CI AT.• SOLEM ASSOCIATES Phase III Campaign Finalize Proposed Measure • Utilize keythemes and messa es from � research and community meetings s • R PtPct cPmi _fi-nal nrnnncal in n cpon-nrl mililir` 1..7`/1111 1:111 k V 1 1J X V IJ V"%1V 1 111 1 1 opinion survey • Work with Council to finalize ballot measure • Help ballot statement and limited campaign information as permitted by law. DAVIS%& CIATES SOLEM,-` ASSOCIATES Measurement of S • There will be specific deliverables at each stage to measure success TnQ1,1Q VXT; 11 ]-%AmnA� CIOimr�� Am �h1-�4inr 1 Gt3r*,-J VV 111 V� 111V<.L111 <.L ; cto 1111F1V111`/11t`.1 `1V11 of the strategy moves forward Review entire effort after results of initial poll o inion p Also E k Yx4. il. E _ r ,♦� AV 13 * C I ATE 5 SOLEM ASSOCIATES City Wide Facilities Improvements FEEDBACK Questions Comments Thank you a�CITY 0 BURUNGAME m Y-11. &-... BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of January 3, 2006 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 Cathy Baylock called the meeting to order at 7:05 p.m. CLOSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Conference with Labor Negotiator pursuant to Government Code § 54957.6: City Negotiators: Jim Nantell, Deirdre Dolan, Glenn Berkheimer Labor Organization: Police Officers Association b. Conference with Real Property Negotiators pursuant to Government Code § 54956.8: Property: South Lane Crossing Agency Negotiators: Jim Nantell, Larry Anderson, Syed Murtuza Negotiating Parties: Peninsula Corridor Joint Powers Board Under Negotiation: Vacation of Crossing 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Sue Fuller. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Cohen, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES One correction was made to the minutes of the December 19, 2006 regular Council meeting: Add to Item 8.b.: Councilman Cohen expressed an interest in having the Parking Enterprise Fund paid back over time through installments from the General Fund. Councilwoman O'Mahony made a motion to approve the amended minutes of the December 19, 2005 regular Council meeting; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. 1 Burlingame City Council January 3,2006 Unapproved Minutes 5. PRESENTATION a. PRESENTATION BY COMMUNITY ACTION AGENCY OF SAN MATEO COUNTY William Parker, Executive Director for the Community Action Agency of San Mateo County, Inc. (CAA), provided a brief presentation about the agency in support of their request for Council to consider making a new appointment to their Board. Council requested CC Mortensen to send a request through the City's List Serve and a letter to the Church Community asking for applicants interested in serving on the CAA Board. 6. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE NO. 1775 PROHIBITING SPECTATORS TO GATHER AT OR BE PRESENT WITHIN 200 FEET OF ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED OR SIDESHOWS COP Van Etten reviewed the staff report and requested Council hold a public hearing on the adoption of an ordinance prohibiting spectators to gather at or be present within 200 feet of illegal speed contests, exhibitions of speed or sideshows. Mayor Baylock opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman O'Mahony made a motion to approve adoption of Ordinance No. 1775 adding Chapter 10.72 to the Burlingame Municipal Code to prohibit the gathering of spectators at illegal speed contests, exhibitions of speed and sideshows; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. b. INTRODUCE AN ORDINANCE ON ROLLINS ROAD ZONING This item was canceled. 7. PUBLIC COMMENTS John Leos, 2989 Arguello, stated that there is a dangerous tree hazard at the entrance to Mills Canyon and requested the tree be removed. Mayor Baylock referred this item to P&RD Schwartz to resolve. There were no further comments from the floor. 8. STAFF REPORTS a. TRANSMITTAL OF THE FY 2004-05 COMPREHENSIVE ANNUAL FINANCIAL REPORT CAFR FinDir Nava provided a PowerPoint Presentation explaining the contents of the FY 2004-05 CAFR and the audit process. The City received a clean audit report with recommendations. Council complimented Finance staff for excellence in financial reporting. Council also complimented Department Heads and their staffs for having been conservative with spending and staying within budget. Council requested the CAFR be placed on the City's website. 2 Burlingame City Council January 3,2006 Unapproved Minutes Councilwoman O'Mahony made a motion accepting the 2004-05 Comprehensive Annual Financial Report; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. b. INTRODUCE ORDINANCE TO AMEND CHAPTER 6.24 (PEDDLERS AND SOLICITORS) AND REPEAL CHAPTER 6.26 (CHARITABLE SOLICITATIONS) CA Anderson reviewed the staff report and requested Council introduce an ordinance amending Chapter 6.24 (Peddlers and Solicitors) and repeal Chapter 6.26 (Charitable Solicitations). Council requested picture identification be added to the solicitor's permit by the Police Department. COP Van Etten stated there would be no added staff expense to include the picture identification; however, there would be an additional charge for sending fingerprints to the California Department of Justice for processing. Mayor Baylock requested CC Mortensen read the title of the proposed ordinance amending Chapter 6.24 (Peddlers and Solicitors) to conform to judicial decisions and repealing Chapter 6.26 (Charitable Solicita- tions). Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. Councilwoman Keighran made a motion to introduce the proposed ordinance with the Department of Justice charge to be added; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. 9. CONSENT CALENDAR a. AUTHORIZATION TO SOLICIT DONATIONS FOR CITY NEEDS CC Mortensen requested Council authorize the solicitation of donations from the public to fund items not included in the City's budget that would assist the staff in better serving the community. Councilwoman O'Mahony made a motion to approve the Consent Calendar; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. OLD BUSINESS Councilwoman Keighran asked about the commissioner interview process. CM Nantell advised that his staff would coordinate scheduling the interview dates. 12. NEW BUSINESS Mayor Baylock advised Council of openings on three C/CAG committees. 3 Burlingame City Council January 3, 2006 Unapproved Minutes 13. ACKNOWLEDGMENTS a. Department Reports: Police, November 2005 b. Letter from Comcast concerning programming adjustment 14. ADJOURNMENT Mayor Baylock adjourned the meeting at 9 p.m. in memory of former Atherton Mayor Bill Conwell and retired Burlingame Police Officer James Case. Respectfully submitted, Doris J. Mortensen City Clerk 4 Burlingame City Council January 3,2006 Unapproved Minutes P R O C L A M A T I O N Honoring American Heart Month -Go Wcd dor`'Women.- Whereas, Diseases of the heart are the ruction's Leading cause of death and stroke is the third leading cause of death; and; Whereas, Cardiovascular diseases (CVO)claim the Lives of over 480,000 American females (about one death per minute)each year, and; Whereas, Each year of the females who die, 53% die from cardiovascular disease as compared to 46% men and about 35,000 more females than males die from a stroke; and Whereas, In 2006 the estimated direct and indirect cost of cardiovascular diseases and stroke in the 'US is estimatedat$403.1 billion; and Whereas, Yore women die of cardiovascular disease than the nett six leading causes of death combined, including all cancers; yet only 13% of women consider cardiovascular disease theirgreatest health risk and Whereas, February is designated as American Yfeart Month, and"Go 12ed Tor Women" is the American Yfeart Association's national call to increase awareness that heart disease is the leading cause of death for women—and to inspire women to take charge of their heart health; Now, thereforel, Cathy BayLock Mayor of the City of Burlingame, in recognition of the importance of the ongoing fight against heart disease and stroke, do hereby proclaim (February 3, 2006, to be Wear Red for Women Day and urge all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red By increasing awareness and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. In witness whereof, I have hereunto set my hand and caused the seal of the City of Burlingame to be affixed this, the 17th day of January 2006. CattiT BaNlock Mallor Routing Presentation I ,� ALLIED WASTE (Formerly BFI) Collection Schedule Change • Re-route of residential service area (approximately 90,000 customers) • Effective week of Monday, February 6, 2006 • Recycling and yard waste bi-weekly on same day as new garbage day • Collection service provided in most cities M-F, replacing present North-to-South routing Why Change Service Days ? • To provide better customer service • More efficient and faster response for extra , missed and special pick-ups • Ability to provide localized city services (neighborhood clean-ups , automation ) • Cost management and control missed pick-ups (crew remains in designated area ) • Balance number of homes on yard waste and recycling routes Outreach Residents will receive : • First direct mail postcard/recycling calendar (week of Jan 16tH ) • Press release issued (Wed , Jan 25tH ) • First 30-second automated voice message to residential customers (Jan 25tH ) Outreach Residents will receive (continued): • Second direct mail postcard/recycling calendar (week of Jan 301h) • Second 30-second automated voice message (Thurs, Feb 2nd) • Third direct-mail recycling poster/calendar (week of Feb 20th) • Evaluate fourth direct-mail postcard if needed Outreach Each city/jurisdiction /SBWMA will receive : • PDF ' s of new service area , alphabetical by city and street address ( on Allied website & URL link to cities ) • Samples of all residential outreach • SBWMA offered to distribute outreach material to City Halls , Libraries , Etc . First Direct Mail Piece-Sample 225 Shweway Road PPESORT San Cato;G94070-1068 FIRST CUSS MAL . .S I}5q;.-2l I I U S �P11 D ...,.....,........, aI IIPd1Vd5[Csann1 ateo(OU nty.(0111 PERMIT 190 SANTA,_LAP1 b Pe1WnMP �11P r. 4P\ roPr[nr PPNra VIII _ 3006 GARBAGE,RECYCLING AND YARD TRIMMINGS SCHEDULE B IMPORTANT GARBAGE SERVICE DAY CHANGE! YOUR NEW PICKUP DAY IS GOING TO BE SAMPLE MONDAY STARTING THE WEEK OF FEBRUARY 6TH Sv nlsew d'a para rlroge�la Eaw�o ssd d Lnex Talo W­­6' Wda 6n..v alspalMe en esM d Fo—de 9omw soM-d dewed 634592-1411 --w--- First Direct Mail Piece = Sample Sample 20 JANUARY TEBRUARY MARCH APRIL RECYCLING AND 1 2 3 J x 3 ' No umm dq Anye 5 ©i B 9 10 I I 5 0 9 10 I I 2 1 4 5 6 7 6 YARD TRIMMINGS 1re� ^�^ 2 Il 11 IS 16 li IB x 13 14 I5 16 17 M 9 �11 12 13 14 15 19 n 21 22 23 24 25 19�21 -23 2d 2s I6©' I6 Io 20 21 '.^. N .6 826 26 2❑7 N N !0 31 23 2d 25 26 27 26 J Vcw1r gaitage & recycling pickup MAY JUNE JULY AUGUST day will be 2 1 4 5 6 1 2 1 1 1 2 1 4 5 ? 8910111213 d6 769IC 2 ©45678 67069101112 14 15 16 17 18 14M I1RI314151617 9 ®11 12 11 14 15 I3®15 16 17 16 19 21©23 24 25 26 27 10®20 21 22 23 24 161©10 19 20 21 22 20 21 22 2124 25 26 =Garbage pickup 29®3U 31 25®27262930 232825$27 AH 27®291011 =Garbage,Recycling 10 31 56PTEMBER OCTOBER NOVEMBER DECEMBER 1 2 1 2 3 5 6 7 1 2 3 4 1 2 1856769 891014, 121314 S ®7691011 SJS 6769 10 11 12 IS Id I5 16 15 16 17 19 19 20 21 12Q 14 IS 16 Ii 18 10 II 12 IS IJ IS 16 17 IV 19 12 21 22 23 .12M]24 25 26 27 20 19®21 :23 24 25 17 16 19 20 21 22 23 24 25 N 27 U 25.30 29®31 26 A 29 30 24 25 26 27 28 29 Ll 11 For inlonnation altiOut these changes VMd the Webske at Wkickitragesournateocciunty.corn or call 6WS92-2411 Questions ? CITY AGENDA 6a Cry ITEM# BURLINGAME S T A F F REPORT MTG. DATE 1/17/2006 fj TO: Honorable Mayor and Council SUBMI BY DATE: January 10, 2006 APPRO D oe BY FROM: Lg=E. Anderson, City Attorney SUBJECT: ADOPT ORDINANCE TO AMEND CHAPTER 6.24 (PEDDLERS AND SOLICITORS) AND REPEAL CHAPTER 6.26 (CHARITABLE SOLICITATION) RECOMMENDATION: Adopt ordinance altering City requirements for peddlers and solicitors and request the City Clerk to publish a summary of the proposed ordinance within 15 days of adoption. DISCUSSION: On January 3, 2006, the Council introduced an ordinance that would revise the City's regulations regarding door-to-door solicitation; the Council included a provision for the costs of livescan fingerprinting through the State. Further reading of that ordinance was waived at that time The proposed ordinance would bring the Municipal Code in line with Federal decisions. First,the City's regulations regarding charitable and political solicitation would be repealed. The most that a government agency can do under current caselaw is to require provision of information on fund-raising and proposed expenditures. The City does not have the staff available to collect, compile, and verify such an information bank. Instead,the California Attorney General is already providing this type of information at the AG's website —http://caag.state.ca.us/charities/index.htm . Private organizations also provide background information, such as the Better Business Bureau ( www.give.org), the American Institute of Philanthropy(www.chariWyatch.org), and GuideStar(www.guidestar.org). Second,the ordinance refines Chapter 6.24, which regulates peddlers and solicitors. The ordinance would reduce the requirements for obtaining a permit and impose a timeliness requirement on the Police Department in accordance with court decisions. A fingerprinting requirement would be retained because that is the only way that the Police Department can obtain a meaningful criminal history check from the California Department of Justice through a computer-aided system. The current City charge for fingerprinting is $19.00 for staff time, and the State charges $32 for submittal; therefore, the total cost for a permit would be $50 + $51, or$101. The ordinance also clarifies that the license fee is applied to the whole business rather than individual employees, while the application fee applies to each employee who is required by the ordinance to obtain a permit. Mayor and Council Re: Ordinance Regarding Peddlers and Solicitation January 10, 2006 Page 2 The ordinance adds an express provision making it unlawful for a peddler or solicitor to solicit at a residential dwelling unit where a"no soliciting" sign is posted. Therefore, if a resident wished to avoid solicitors, a resident could post such a sign and a violator of the sign would be subject to citation for violation of the provision and possible trespass and suspension of the solicitor permit, if any. However, such a signage approach would not work for businesses; most businesses have sales calls on a regular basis, and it would probably not be possible for the police to separate authorized sales calls versus unauthorized business calls. Instead, businesses can request unauthorized persons to leave and request police assistance if such a request is refused; an officer can then cite an offender for trespass. While the proposed ordinance will reduce the number of regulations, it is hoped that a more focused approach toward door-to-door solicitation will provide meaningful enforcement while complying with court decisions. Attachment Proposed Ordinance Distribution Chief of Police Finance Director I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 6.24 (PEDDLERS AND SOLICITORS) TO CONFORM TO JUDICIAL DECISIONS AND 3 REPEALING CHAPTER 6.26 (CHARITABLE SOLICITATIONS) 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as 6 follows: 7 Section 1. 8 (a) Federal and State courts have determined that door-to-door sales of merchandise 9 and services is entitled to a middle level of First Amendment protection as commercial 10 speech. Experience in Burlingame and the San Francisco Peninsula shows that some door- 11 to-door sales techniques involve intimidation and high pressure tactics that can evolve into 12 consumer fraud and thinly disguised theft. In addition, there has been violent crime 13 involving door-to-door salespeople, and persons posing as salespeople or service providers 14 have been a source of crime. Neighboring cities have faced an increasing number of home 15 invasion robberies. Burlingame has a large number of elderly people who are particularly 16 susceptible to unacceptable tactics and criminal elements. This ordinance is intended to 17 provide a first level of checks to establish past history of door-to-door sales companies and 18 salespeople for ready reference by citizens. The requirement for fingerprinting is retained in 19 the Municipal Code so the Police Department can conduct a criminal history check through 20 the State Department of Justice under its livescan program; without the fingerprinting, no 21 reasonable criminal history check could be completed on a permit applicant. 22 (b) Local regulation of door-to-door charitable solicitation has been abrogated by 23 Federal and State courts. Instead, citizens are left to rely on the information available from 24 the Better Business Bureau, the California Attorney General, and other private sources. 25 Citizens may post no soliciting signs on their homes and businesses,but the courts have 26 largely required that door-to-door solicitation be left to the individual "buyer beware". 27 Therefore, this ordinance repeals the charitable solicitation provisions of the Municipal 28 Code. 1 2 Section 2. Chapter 6.24 is amended to read as follows: 3 4 Chapter 6.24 PEDDLERS AND SOLICITORS 5 Sections: 6 6.24.010 Permit required. 7 6.24.020 Application for permit. 6.24.030 Permit fee and investigation. 8 6.24.040 Business license. 6.24.050 Issuance or denial of permit. 9 6.24.060 Appeal. 6.24.070 License and permit not transferable. 10 6.24.080 Display of permit. 6.24.085 No soliciting at residence when posted. 11 6.24.090 Revocation or suspension of permits. 12 6.24.010 Permit required. 13 Unless exempted from the provisions of this title pursuant to chapter 6.04, it is 14 unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, 15 engaged in, conducted or carried on within the city, the business of peddler or solicitor 16 unless a permit for such business and the individual engaged in peddling or soliciting has 17 first been obtained from the police department of the city and remains in effect in accordance 18 with the provisions of this chapter. 19 20 6.24.020 Application for permit. 21 Any person, including those holding a license issued under other chapters of this 22 title, desiring a permit to peddle or solicit (except those who sell to merchants with a fixed 23 place of business for purpose of resale) shall first make an application therefor by filing with 24 the license collector a sworn application in writing on a form to be furnished by the license 25 collector which shall give the following information: 26 (a) Name, residence and telephone number; 27 (b) The previous address of the applicant for the five (5)years immediately prior to 28 - 2 - I the present address of the applicant; 2 (c) Taxpayers identification number and driver's license number, if any; 3 (d) Fingerprints (taken by the police department for criminal history investigation 4 purposes) and three (3)portrait photographs at least two (2) inches by two (2) inches, taken 5 within the last sixty (60) days immediately prior to the date of the filing of the application, 6 which photograph shall show the head and shoulders of the applicant in a clear and distinct 7 manner; 8 (e) Applicant's height, weight, color of eyes and hair; 9 (0 Business occupation or employment of the applicant for the five (5)years 10 immediately preceding the date of application; 11 (g) The business license, if any, and permit history of the applicant; whether such 12 person, in previously operating in this or any other city or state, under license has had such 13 license or permit revoked or suspended, the reason therefor, and the business activity or 14 occupation subsequent to such action of suspensions or revocation; 15 (h) Whether such person has ever been convicted of any crime, except misdemeanor 16 traffic violations. If there has been any such conviction, a statement must be made giving 17 the place and court in which such conviction was had, the specific charge under which the 18 conviction was obtained and the sentence imposed as a result of such conviction; 19 (i) A brief description of the nature of the business and the goods or services to be 20 sold; 21 (j) The name of the business under which the solicitation in the city will be 22 conducted; 23 (k) The application will also include a separately signed waiver and release 24 authorizing the city, its agents and employees to seek information and to conduct an 25 investigation into the truth of the statements made on the application. 26 27 6.24.030 Permit fee and investigation. 28 All applications for permits shall be accompanied by an investigation and permit fee - 3 - I in the sum of fifty($50) dollars, no part of which is refundable, together with the 2 fingerprinting fee established for public fingerprinting by council resolution and the fee charged by the state for fingerprint submittal. Upon receipt of the application,the license 4 collector shall refer the application to the police department, which within a period of ten 5 (10)business days from the date of filing the application shall interview the applicant or any 6 other person and make any other investigation necessary to approve or deny the permit. If 7 the police department is unable to complete its review within ten(10)business days from the 8 date of filing the application,the application will be deemed approved and the department 9 shall issue the permit; however, should the department determine after issuance that the 10 application should have been denied,the permit will be suspended pursuant to section 11 6.24.090 below. 12 13 6.24.040 Business license. 14 At the time of the application for a permit, applicant shall also apply for and furnish 15 the information necessary to obtain a business license as required by Chapter 6.04 of this 16 code unless the applicant will be an employee of another person who has obtained or is 17 obtaining a city business license. No business license shall be issued until the investigation 18 is completed and the permit is approved. The business license shall be issued upon payment 19 of the business license fee as provided in Chapter 6.04 of this code. 20 21 6.24.050 Issuance or denial of permit. 22 The police department shall issue such permit if all required information has been 23 furnished and the report filed finds that: 24 (a) The applicant has not been convicted of any law involving fraud or moral 25 turpitude; and 26 (b) The applicant has not knowingly and with intent to deceive made any false, 717 misleading or fraudulent oral or written statements in the permit application or to any person 2 8 investigating the application. - 4 - I The permit shall be denied if all of the above findings cannot be made or if all of the 2 information required is not supplied to the city. If denied, the reasons therefor shall be 3 endorsed upon the application, and the police department shall notify the applicant upon 4 which the reasons have been endorsed by first class mail. 5 6 6.24.060 Appeal. 7 In the event a permit has been denied, applicant shall have ten (10) days from the 8 date of mailing the notice within which to appeal to the city council by filing a written 9 application for a public hearing with the clerk of the city. Notice and a public hearing shall 10 be given as follows: 11 (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before 12 the council, at a regular meeting thereof, within thirty (30) days from the date of filing the 13 appeal and shall give written notice of such hearing to the applicant at the address set forth 14 in the appeal by first class mail at least ten (10) days prior thereto; 1 (b) On the date set, the council shall hear the matter, and may continue it from time 16 to time before reaching a decision. If the council finds that the applicant has satisfactorily 17 met all of the requirements of this chapter, it shall order the issuance of the permit and 18 business license. If it finds that the requirements have not been met satisfactorily, it shall 19 deny the permit and license; 20 (c) All findings of the council shall be final and conclusive upon the applicant. 21 22 6.24.070 License and permit not transferable. 23 No license or permit issued under the provisions of this chapter shall be used or worn 24 at any time by any person other than the one to whom it was issued. 25 26 6.24.080 Display of permit. 27 Each person issued a permit under this chapter shall keep it in the person's personal 28 possession when going door to door conducting any soliciting or peddling in the city, and it - 5 - I shall be displayed to any person upon request. 3 6.24.085 No soliciting at residence when posted. 4 No person shall peddle any services or goods or solicit any payments for any services 5 or goods at any dwelling unit where a sign is prominently posted or displayed indicating"No 6 Solicitors" or"No Soliciting"or a similar indication that no solicitation is desired by the 7 occupant of the dwelling unit. 8 9 6.24.090 Revocation or suspension of permits. 10 (a) Any permit issued under this chapter shall be subject to suspension or revocation 11 by the city manager for violation of, or for causing or permitting violation of any provision 12 of this chapter or for any grounds that would warrant the denial of such permits in the first 13 instance. 14 (b) Prior to the suspension or revocation of any permit issued under this chapter, the 15 permittee shall be entitled to a hearing before the city manager or the manager's designated 16 representative, at which time evidence will be received for the purpose of determining 17 whether or not such permit shall be suspended or revoked or whether the permit may be 18 retained. In the event the permit is suspended or revoked, the notification of the reasons for 19 such suspension or revocation shall be set forth in writing and sent to the permittee by means 20 of first class mail. 21 (c) In the event of suspension or revocation of any permit, the permittee may appeal 22 to the city council in the manner as provided in section 6.24.060. 23 24 Section 3. A new subsection 6.08.140(c) is added to read as follows: 25 (c) The license fee required by this section is imposed on and payable by the business 26 and not on or by each individual employee of the business that is engaged in peddling or 27 soliciting. '8 - 6 - 1 Section 4. Chapter 6.26 is repealed. Section 5. This ordinance shall be published as required by law. 4 5 6 Mayor 7 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify 8 that the foregoing ordinance was introduced at a meeting of the City Council of the City of 9 Burlingame on the Yd day of January, 2006, and the ordinance was duly adopted at a regular 10 meeting of the City Council on the day of , 2006, by the following 11 vote: 12 1 1' AYES: COUNCILMEMBERS: 14 NOES: COUNCILMEMBERS: 15 ABSENT: COUNCILMEMBERS: 16 17 City Clerk 18 19 20 C:\FILES\ORDINANC\solicitors2006.fin.wpd 21 22 23 24 25 26 7 - 7 - ��� CITY o� STAFF REPORT BURUNGAME AGENDA 8a ITEM# MTG. Cq 9 d DATE January 17, 2006 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMIT E BY DATE: February 17,2006 APP OVED BY FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: RESOLUTION ACCEPTING THE 2006 SOLID WASTE RATE ADJUSTMENT OF 3 PERCENT TO ESTABLISH A REVENUE RESERVE IN THE CITY'S SOLID WASTE BALACING ACCOUNT WITH ALLIED WASTE SERVICES RECOMMENDATION: That the City Council accept the proposed 3%rate adjustment for residential and commercial accounts, effective January 1, 2006, to establish a revenue reserve in the City of Burlingame's Solid Waste Balancing Account with Allied Waste Services. BACKGROUND: The City of Burlingame is a member of the South Bayside Waste Management Authority Joint Powers Agreement (SBWMA) and has an exclusive franchise agreement with Allied Waste Services (formerly Browning Ferris Industries - BFI) for residential and commercial solid waste, residential recycling and residential green waste (brush & yard clippings). All 12 SBWMA member jurisdictions have a uniform franchise agreement with Allied Waste. The franchise agreement sets the methodology for establishing rates based on Allied's rate proposal for the subsequent calendar year. Rate adjustments are determined individually for each SBWMA member based on revenue shortfalls or surpluses from prior year activities. Revenue and expenses are estimated and maintained for each member city within individual balancing accounts. Each Fall Allied submits its rate proposal for the ensuing calendar year (the rate year). The rate proposal includes any changes in services and costs that may have been approved by the SBWMA during the current year. The SBWMA then reviews the annual solid waste rate proposals submitted by Allied for compliance with the franchise agreement. The firm of Hilton, Farnkopf and Hobson (HFH), a consulting firm specializing in rate analysis, audits the rate proposals and makes rate adjustment recommendations to the SBWMA member cities. The recommended rate adjustment for 2006 is 3%based on the need to establish a revenue reserve in the Burlingame balancing account to offset potential revenue and expenditure variances that may result in a deficit. Revenue shortages have occurred in prior years because of reductions in residential and commercial accounts during a rate year. However, most of the variances are on the expense side and are due to increases to operating costs or unanticipated expenses for Allied. The resulting increases in operating costs from the recently enacted collective bargaining agreement with the Teamsters is an example of unanticipated expenses that occurred in 2005. There was no rate adjustment in 2005 . In 2004, the rate adjustment was 17%. The majority of this rate increase was due to a deficit in the city's 2003 and 2004 balancing account due to the underproduction of revenue and higher than anticipated operating expenses. The following table provides examples of the affects of the rate adjustment on the most common types of solid waste accounts. Type of Solid Waste Percent 2005 Rate 2006 Rate Increase Service Increase Pro osed Amount Residential, 1 -32 gallon can 3.00% $ 12.54 $ 12.92 $ 0.38 Commercial 1 -32 gallon can 3.00% $ 12.54 $ 12.92 $ 0.38 Commercial Bin 1 - 1 yd. bin 3.00% $ 79. 16 $ 81 .53 $ 2.37 Compactor Account 30 yd 3 .00% IS 1 ,091 .25 $ 1 , 123.99 $ 32.74 The 3% increase is projected to produce roughly $200,000 over 12-months and increase the 2006 projected revenue from Burlingame customers to $6.68 million from $6.48 million. The current rates if unchanged by the Council will generate $6.48 million, an amount equal to the expenses that are projected for 2006. However there would not be any funds available to cover any negative variances. The additional funds will serve to cover any revenue shortages or over expenditures that may occur in 2006, thereby preventing a larger rate adjustment in 2007. The Council's May 2, 2005 approval of the Third Amendment to the Franchise Agreement with Allied reduced the need for a higher rate adjustment. The amendment approved the automatic three-year extension contained in the franchise and added one more year to the collection agreement. The current franchise with Allied now expires on December 31 , 2010. In return, Allied lowered its landfill disposal rate (tipping fee) at Ox Mountain Landfill from $43 .56 per ton to $31 .07 per ton, a savings of $ 12.49 per ton. The lower disposal rate was implemented retroactively to January 1 , 2005. In addition, Allied also guaranteed a "most favored" disposal rate for the SBWMA. This requires the company to automatically lower the disposal rate to match any lower rate it offers to another customer. As part of the amendment, Allied also agreed to pay the SBWMA the sum of $ 11 .6 million over three years as a negotiated settlement payment. The City of Burlingame's share is $ 1 .4 million. The first payment will be received in March 2006. The use of these funds will be discussed as part of the budget process for fiscal year 2006-07. ATTACHMENTS: A Resolution of the City Council Of the City of Burlingame Authorizing Allied Waste Services (Formerly BFI) To Increase Rates For Refuse Collection Services RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING ALLIED WASTE SERVICES (FORMERLY BFI) TO INCREASE RATES FOR REFUSE COLLECTION SERVICES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Allied Waste Services (formerly BFI) holds a franchise from the City to collect and dispose of refuse and various recyclables within the City; and WHEREAS, pursuant to that franchise and Municipal Code Section 8.16.040, Allied Waste Services has submitted a rate proposal for its services; and WHEREAS, the rate proposal is intended to meet the funding and revenue requirements of the franchise agreement; and WHEREAS,the City has had Hilton Farnkopf& Hobson, independent consultants, evaluate the rate request and concurs that the rate proposal is consistent with the franchise; and WHEREAS, the recommended rates appear just and reasonable and necessary for continued operation of the franchise within the City, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The Refuse Collection Rates are accepted as follows, and Allied Waste Services is authorized to utilize such rates effective January 1, 2006: A. Commercial bin and can rates are increased by 3%; B. Commercial compactor rates are increased by 3%; and C. Residential rates are increased by 3% with the exception of cart rental rates, which will not increase. 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 , 2006, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK BURLINGAME STAFF REPORT AGENDA 8b ITEM# MTG. DATE 17 January 2006 To: HONORABLE MAYOR AND CITY COUNCIL By TED DATE: January 8, 2006 APPRO - , FRom: Parks& Recreation Director (558-7307) BV SUBJECT: SHARED RECREATION SERVICES BETWEE THE CITIES OF BURLINGAME AND MILLBRAE RECOMMENDATION: It is recommended that Council receive the information from staff, take testimony from the public and give direction to continue the steps to move forward with the potential merger of Recreation Services with the City of Millbrae. BACKGROUND: Burlingame and Millbrae enjoy the benefits of shared services in many areas. The Cities share a Code Enforcement Officer, assist each other with water operations, jointly train fire personnel and work closely together with police operations. In each of the areas, both Cities save funds, gain expertise and improve the level of service offered to the communities. In February 2003, Burlingame and Millbrae began sharing the services of a Parks & Recreation Director. The stated intent was to determine whether or not the two Cities should permanently consolidate their Parks &Recreation operations. During the ensuing two years, while each Parks & Recreation Department efficiently continued to serve their respective publics, it was determined by Staff that a long-term merger should begin with the Recreation Divisions only. Burlingame Recreation and Millbrae Recreation are currently working together to conduct many different recreation programs, including: • Jointly managed adult softball leagues • Using Millbrae's senior citizens van for Burlingame outings • Operating teen trips together • Selling discounted theme park tickets to the public at both recreation centers • Allowing local businesses to advertise in both Cities' recreation brochures • Jointly conducting special classes • Advertising Burlingame's aquatics programs in the Millbrae recreation brochure Millbrae's Recreation Department has enjoyed a resurgence in the past three years, with annual increases in both revenues and participants. While 2003-04 was a year of survival and 2004-05 was a year of stability, 2005-06 is a year of growth. Examples include the recent addition of a part-time Recreation Coordinator, the formation of an Asian Outreach Committee and several capital improvements to the Community Center. Program growth planned for the upcoming year includes several special events and improved partnerships with the Millbrae School District and the San Mateo Union High School District. In addition, Millbrae will be using in-lieu fees to make between $2,000,000 and $3,000,000 worth of improvements to its parks and recreation facilities within the next few years. Burlingame's Recreation Division has also experienced budget reductions in the past three years, including the loss of the Recreation Superintendent's and Athletic Director's positions and a reduction of a vacant position from Supervisor to Coordinator. Despite these setbacks, the programs have maintained a steady participation rate and revenues continue to grow each year with new programs being offered particularly in the preschool and aquatics areas. Like most departments in the County, Burlingame receives a considerable amount of revenue from non- residents with 25% of the 16,000 annual class registrations coming from non-Burlingame residents. Burlingame enjoys many quality recreational facilities' and is considering the replacement of the Recreation Center and several much smaller capital projects in the upcoming years. On March 23, 2005, a committee comprised of two Council members from each City (Burlingame: Galligan, O'Mahony - - Millbrae: Hershman, Quigg) met and outlined the process to determine the pros, cons and feasibility of merging the two Recreation Divisions. Since then, there have been several meetings with front office and program staff members, and nine agendized opportunities for the public to give input to either of the Parks & Recreation Commissions or City Councils. Although initially there was more interest and questions from the communities about the joint operation, there has never been any significant broad push back. Input from the public, commissions and staff during those meetings led to the development of a draft Agreement between the two cities, if they should decide to go forward and merge the Recreation operations. During this trial period, we have heard the concern that one city in the partnership may inadvertently contribute more than its "fair share" to the cost of providing recreation programs or one city may benefit more than the other city. Although we have detailed methods to track program revenues and expenditures, there can be no guarantee that each city in the partnership will pay more than its fair share on a program level. However, as with any of the partnership arrangements we have with other cities (such as the JPA for paramedic services, Library system and Central County Fire), we believe the bottom line test of the partnership or shared services arrangement is whether or not the shared arrangement is better for the City than continuing to operate independently. The primary benefit for both cities in this proposed joint operation of our Recreation program is the elimination of duplication of administering these programs which allows both cities to better leverage their existing staff to improve programs and services. When Shared Services was discussed before the City Council last October, there were three members of the public that had concerns about the recommendation of jointly operating our recreation programs. One person withdrew her question after learning that Millbrae and Burlingame have been jointly operating the adult softball leagues for many years and no changes to the current arrangement are forthcoming. The other concerns were that the joint operation may reduce the senior programs in Millbrae or result in some Burlingame residents being "bumped out" of getting into one or more of our very popular recreation classes in Burlingame. Although we anticipate the numbers for these examples to be extremely low, based on the safeguards we have placed in the draft Agreement and from our past experiences. However, we will monitor these situations during each of the next three years of our pilot joint operation and provide information for Commissions and Councils before considering going forward with a full Recreation merger. For example we would monitor (1) the number of recreational opportunities available to senior citizens in Millbrae, (2) the number of Burlingame residents that were not able to get into a class of their choice because residents in Millbrae were allowed equal access to registration, and (3) how many recreation classes would not have been conducted without the participation from residents in our partnering city. Throughout the past three years when members of the public first become aware of our suggestion to jointly operate these programs they sometimes suggest that we are moving too quickly. We believe that that at this point in the process that is clearly not the case. In fact we have taken an approach that has moved very slowly to allow for answering questions and trying things out with out any formal merger. We have spent three years in a trial joint administration of the recreation programs where we have essentially shared the Department Head position. We believe the next logical step is to move forward with a three year pilot program to jointly operate the departments as one without formally merging the two departments. Annual reviews of the three year pilot program will allow the staff to demonstrate one way or the other the more appropriate way to operate our recreation programs. We acknowledge that change of the nature proposed can result in some stakeholders (staff and others) feeling vested in the failure of this pilot program. In making the recommendation to proceed with the pilot program we do so knowing that a few of the stakeholders may never be comfortable with a shared operation regardless of the outcome. At this point we are looking for clear direction on one of the following options: 1 . Proceed as recommended with finalizing the specifics of the joint operation pilot. 2. Return to our former approach to separate operation of our respective recreation programs. 3. Hold off on steps towards an eventual merger but continue the joint operation of programs and services If the Council determines to proceed towards a joint operation pilot, Staff recommends that a new Council committee be formed, with two members from each Council being appointed by their respective Mayors, to help draft an Agreement for approval by each full Council. BUDGET IMPACT: No budget impact will be felt by either Burlingame or Millbrae, if both Cities agree to continue the process towards merging their Recreation services. If either City chooses to withdraw from the shared administration, the current combined savings of approximately $150,000 will need to be rebudgeted by the City Councils. ATTACHMENTS: A. Millbrae Recreation Department's 2005-06 Budget by Program Areas B. Burlingame Recreation Division 2005-06 Budget Roll-Up C. Burlingame — Millbrae Recreation Budgets Combined and Compared D. Study of Actual Revenues 2004-05 (conducted by San Mateo Parks and Recreation) E. Draft Agreement for Shared Recreation Management F. Staff Efficiencies (Approximate Annual Hours of Savings per Program Area) G. Draft Organizational Chart for a Burlingame and Millbrae Recreation Department H. Scenarios of Potential Financial Savings MILLBRAE RECREATION DEPARTMENT 2005-06 Recreation Budget by Program Areas I Attachment"A" 800 ADMIN 810 811 812 813 814 815 816 817 818 819 Recreation Senior Ree Totals Pre Elem Taylor Summer Summer Teens Youth Adult Adult Special Program Program Roll-up School Sports Sports 5-11 Teens Classes Classes Sports Events Totals Totals Expense Account Numbers Salaries-Regular 1 0 Salaries-Part Time 4 9 ,484ia,390 22,360 Salaries-Special 60 0 Salaries-Overtime 0 0 Benefits-Composite 108,356 93,1502,165 1,779 4,253 1,244 216 1 304 164 13,541 1,664 Auto Allowance 0 1 I-M 0 _ Advertising 0 6 0 _ Communications1 _ Contractual Services 12, 9 ,6 1 ,13 ,0 Dues&Publications 67 0 Conf/Meetings 7, 84 0 Bldg/Ground Maint. 0 0 Vehicle Maint. 2,000 0 1 10 2,000 other Equip Maint. 12,838 12,838 p Equipment Rental 0 0 0 Utilities 40,W9 Laundry/Linen Service 0 0 0 _ Printing/Postage 26,170 26,170 0 Rents/Leases/Taxes 6 0 Training&Safety 1,009 509 Soo Special Dept Exp. 80 ,905 4 2TM_T 27,900 3,800 70,714 18,161 Motor Fuel 2,2TO Small Tools 0 0 0 Office Supplies 8,992 81 Wearing Apparel 00 4, 0 Water Purchases 0 0 _ Spec.Department Supplies 1,965 01 1,965 1,965 Insurance 11,990 11,990 0 Credit Card Service Charge" 00 _ Other Equip Replacement 80 1 8 _ Pubic Works Maint" u u U _ oral txpenses ,4 9 Revenue Account Numbers Facility Rentals0 ,00 Registrations 8 2j 54,6521i 141,368166,8961 U,JUUI 32,2911 4U,bUUI1-4-88,888 Gifts&Donations Total Revenues 660,9941 80,0001 59,9741 36,0721 54,6521 141,8681 66,8961 9,3001 32,2911 40,5001 47,3351 5,6001 494,4881 86,506 Net -368,766 -552,640 24,388 5,603 13,151 63,507 20,106 3,000 7,291 23,500 7,611 414 167,743 16,131 w Burlingame Parks & Recreation Department Attachment "B ,.> RECREATION DIVISION ROLL-UP F Account #: 68010 2005-06 110 111 120 133 137 140 150 160 170 180 190 Totals EXPENSE ACCOUNTS Admin Facilities Rent/Sale Preschool Youth Teens Senior Classes Sports Aquatics Events 1 Regular Salaries 010 779,499 _ 779,499 2 Part-Time Salaries 011 70,000 8,000 18,000 88,274 32,200 23,000 3,600 49,500 100,750 1,678 395,002 3 Overtime 012 - _ 4 Employee Benefits 30-47 275,000 - - 275,000 5 Personnel Subtotal 1,124,499 8,000 18,000 88,274 32,200 23,000 3,600 - 49,500 100,750 1,678 1,449,501 6 Office Expense 110 16,000 16,000 7 Postage 114 18,000 - - 18,000 8 Printing Charges 115 23,000 - - - 23,000 9 Spec. Dept. Expenses 120 4,500 12,000 7,400 5,000 7,000 46,000 15,350 600 36,390 3,800 3,800 141,840 10 Vehicle Allowance 128 2,000 - - - - - - - - - - 2,000 11 Uniforms & Equipment 140 - 1,000 2,000 - 1,750 - 4,750 12 Advert/Legal Expenses 150 - - - - - 260 - 7,100 7,360 13 Communications 160 6,500 400 - - - - - - - 6,900 14 Electric & Gas Utilities 170 - 34,800 42,000 - - - 76,800 15 Mainten - Bldg/Grounds 190 7,000 91,600 - - 4,360 - 102,960 16 Equipment Maintenance 200 1 ,000 - 8,000 - - 200 - - 9,200 17 Profess/Spec Services 210 - - - - _ _ _ _ 18 Contractual Services 220 9,000 - 40,000 83,330 171 ,000 4,000 6,500 177,900 178,150 5,500 6,550 681,930 19 Dues & Subscriptions 240 2,800 - - - - - - - - - - 2,800 20 Travel/Conf/Mtgs 250 4,000 - - 4,000 21 Training & Safety 260 1,000 - - - - - - - 1,000 Operating Subtotal 94,800 138,800 97,400 88,330 179,000 52,000 21,850 178,960 218,900 11 ,050 17,450 1,098,540 22 Capital Outlay 400 - - - - - - _ _ Capital Subtotal 23 Insurance Cost Alloc 701 11 ,665 11,665 24 Computer Cost Alloc 702 42,281 42,281 25 Vehicle Services Alloc 703 4,079 - - - 4,079 26 Facilities Cost Alloc 721 196,664 - - - - 196,664 Allocations Subtotal 254,689 254,689 27 Operating Subtotal 349,489 138,800 97,400 88,330 179,000 52,000 21,850 178,960 218,900 11,050 17,4501 1,353,229 28 Capital Outlay 800 - - 291 Total Expenses 1,473,9881 146,800 115,4001 176,6041 211 ,2001 75,0001 25,4501 178,9601 268,400 111 ,800 19,128 2,802,730 30 REVENUES 4,000 1 15,0001 186,200 1 283,500 1 385,000 1 90,000 1 22,0001 285,000 1 362,100 1 183,500 1 40,000 1 1 ,856,300 31 NET (1 ,469,988) (131,800)1 70,800 1 106,896 1 173,800 1 15,000 1 (3,450)1 106,0401 93,700 1 71,700 1 20,872 (946,430) Notes Summary 03-04 Actual 04-05 Budg. 04-05 Proi. 05-06 Expenses 2,573,499 2,703,200 2,535,594 2,802,730 Revenues 1,684,390 1 ,718,335 1,764,098 1,856,300 Net (889,109) (984,865) (771,496) (946,430) Burlingame - Millbrae 2005-06 Budgets Combined & Compared 1/06106 - RS Attachment „c" Expense Accounts I Admin I Facilities I Rent/Sale I Preschool Youth I Teens I Senior I Classes Sports I Aquatics Events I Totals Burlingame Recreation EXPENSES 1 1,473,988 1 146,800 1 115,400 1 176,604 1 211,200 1 75,000 1 25,450 1 178,960 268,400 1 111,800 19,128 1 2,802,730 REVENUES 1 4,000 1 15,000 1 186.200 1 283,500 1 385,000 1 90,000 1 22,000 1 285,000 362,100 1 183,500 1 40,000 1 1,856,300 NET 1 (1,469,988) (131,800)1 70,800 1 106,896 1 173,800 1 15,000 1 (3,450)1 106,040 1 93,700 1 71,700 1 20,872 1 (946,430) Cost Recovery 1 0.27% 1012%1 161.35%1 160.53%1 182.29%1 120.00%1 86.44% 15925%j 134.91%1 164.13% 209.12% 66.237 Program vs. Fixed Costs (Admin + Facilities) Fixed Net: 1,601,788 Program Net: 655,358 Recovery of Fixed Costs: 40.91% Millbrae Recreation EXPENSES 1 539,338 1 78,442 1 14,860 1 35,586 1 78,361 1 53,090 1 70,375 1 42,000 1 111,694 1 6,014 1 1,029,760 REVENUES I - I - 1 80,000 1 59,974 1 141,868 1 76,196 1 86,506 1 72,791 1 138,059 1 5,600 1 660,994 NET 1 (539,338) (78,442)1 65,140 1 24,388 1 63,507 1 23,106 1 16,131 1 30,791 1 26,365 1 - 1 (414) (368,766) Cost Recovery 1 0.00%1 0.00%1 53836%1 168.53%1 181.04%1 143.52%1 122,92%1 173.31%1 123,60%1 0.00%1 93.12% 64.19% Program vs. Fixed Costs (Admin + Facilities) Fixed Net: 617,780 Program Net: 249,014 Recovery of Fixed Costs: 40,31% Burlingame and Millbrae Recreation EXPENSES ' 2,013,326 225,242 1 130,260 1 212,190 1 289,561 1 128,090 1 95,825 220,960 1 380,0941 111,800 1 25,142 1 3,832,490 Burlingame % 73.21% 65.17% 88.59% 8323%1 72.94% 58.55%1 80.99% 70.61% 100.00% 76.08%1 73.13% Millbrae % 26.79%1 34.83%1 11.419/61677%j 27.06%1 41.45%1 73.44%1 19.01%1 29.39%1 0.00%1 23.92%1 26.87% REVENUES 1 4,000 1 15,000 266,200 1 343,474 1 526,868 1 166,196 1 108,506 357,791 1 500,159 1 183,500 1 45,600 1 2,517,294 Burlingame % 100.00% 100.00% 69.95% 82.54% 73.07% 54.15% 20.28% 79.66% 72.40% 100.00% 87.72% 73.74% Millbrae % 0.00%1 0.00% 30.05% 17.46% 26.93% 45.85%1 79.72%1 20.34%1 27.60% 0.00% 12.28%1 26.26 NET (2,009,326) (210,242)1 135,940 1 131,284 1 237,307 1 38,106 1 12,681 136,8311 120,065 1 71,700 1 20,458 1 (1,315,196) Burlingame %1 73.16%1 62.69% 52M%j 81 42%j 73.24% 39.36% -27,21%1 77.50%1 78.04% 100.00% 102.02%1 71.96% Millbrae % 26.84%] 3731%1 47.92%1 18.58%1 26.76%1 60.64%1 127.21%1 22.50%1 21.96%1 0.00% -2.02%1 28.04 Cost Recovery 1 0,20%1 6.66% 204,36%1 161.87% 181 95%j 129.75%1 113.23%1 161.93% 131.59%1 164.13%1 181.37% 65.68% Program vs. Fixed Costs (Admin + Facilities) Fixed Net: 2,219,568 Program Net: 904,372 Recovery of Fixed Costs: 40.75% *Does not account for $27,000 savings in Administration program area with joint operation Clue to reduction in Director's salary. Attachment "D" Study of Actual Revenues FY 04-05 (Survey conducted by San Mateo Parks and Recreation Department- Oct 2005 Progams and Program/Ren Agency Rentals Grants Total Population Rev/Person San Rafael 5,484,565 388,697 5,873,262 57,224 95.84 Menlo Park 2,587,004 908,751 3,495,755 30,648 84.41 Campbell 2,463,515 103,636 2,567,151 38,415 64.13 Burlingame 1,783,008 1,783,008 28,280 63.05 Newark 2,342,163 169,417 2,511,580 43,708 53.59 Pleasanton 3,074,492 - 3,074,492 67,650 45.45 San Carlos 1,276,047 1,276,047 28,190 45.27 Belmont 1,137,054 - 1,137,054 25,470 44.64 Novato 1,963,183 16,209 1,979,392 50,586 38.81 South San Francisco 2,141,251 - 2,141,251 61,661 34.73 Walnut Creek 2,171,602 - 21171,602 66,501 32.66 Millbrae ' 623,983 37,011 660,994 20,718 30.12 Redwood City 2,209,166 1,138,534 3,347,700 75,986 29.07 San Mateo 2,610,644 - 2,610,644 94,212 27.71 Sunnyvale 3,307,629 - 3,307,629 133,086 24.85 San Leandro 1,462,140 - 1,462,140 81,442 17.95 San Bruno 701,471 - 701,471 42,215 16.62 Fremont 3,307,346 3,307,346 1 210,445 1572 Santa Clara 1,397,275 1,397,275 1 109,106 12.81 "Millbrae's numbers were not included in San Mateo's survey, but are shown here (using 200506 projections)for comparison purposes. Attachment "E" AGREEMENT FOR COMMUNITY RECREATION SERVICES BETWEEN THE CITY OF BURLINGAME AND THE CITY OF MH LBRAE THIS AGREEMENT made and entered into this day of , 2005, by and between the CITY OF BURLINGAME, a general law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter called "Burlingame") and the CITY OF MILLBRAE, a general law city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter called "Millbrae"), WITNESSETH: WHEREAS, the parties hereto are public corporations or entities organized and operating under the laws of the State of California; and WHEREAS, the parties hereto provide certain services to their residents and taxpayers which includes programs relative to recreational activities; and WHEREAS, both cities have shared the services of a Director of Parks and Recreation since February of 2003; and WHEREAS, both Burlingame and Millbrae strive to continue serving the public interest as efficiently as possible; NOW, THEREFORE, in consideration of the promises and mutual terms, covenants, and conditions contained herein, said parties acting by and through their respective governing and legislative bodies, do hereby mutually covenant, promise, and agree pursuant to the authorization hereinabove referred to as follows: I Scope and Term of Services A. This Agreement will take effect on (Date) and will terminate on (Date) , unless sooner terminated as hereinafter provided. At the expiration of such term, this agreement shall be automatically extended for additional terms of three (3) years, unless either Burlingame or Millbrae provides written notice to the other at least six (6) months before the end of the term of this Agreement that they wish to review or terminate this agreement. 1 Seat 29 2005 Draft B. Burlingame shall be responsible to conduct recreational programs for the residents and guests of each city, including but not limited to providing joint department administration; scheduling, advertising and conducting recreational programs; legal and financial support; collection of revenues; purchase and maintain supplies and equipment for programs and program administration. II Burlingame's Responsibilities Burlingame shall be obligated to perform only the following: A. Provide Recreation Director who will assign and supervise Department personnel B. Integrate and assign Millbrae regular staff and allow Millbrae staff to compete for promotional opportunities C. Provide administrative support for recreation services, including financial, legal, and Human Resources functions. D. Pay for all program costs, including office supplies, equipment, uniforms, program staff, contractors, etc. E. Collect for deposit all revenues from grants, program fees, donations, facility rentals, etc. F. Prepare annual report for review by both City Councils G. Prepare annual budget for review and approval of both City Councils H. Send Director or Department representative to Millbrae City Council, Administrative Staff meetings, Parks & Recreation Commission or Arts Commission meetings if required by agenda item or on a quarterly basis,whichever is more frequent 1. Staff Millbrae Senior Advisory Committee and Burlingame and Millbrae Youth Advisory Committees 2 Sent 29. 2005 Draft III Millbrae's Responsibilities Millbrae shall be obligated to perform only the following: A. Continue to pay salary and benefits for regular recreation employees, including two Recreation Services Managers, one Recreation Coordinator, one Administrative Assistant and one Account Clerk II, with the intent of leveling compensation for each of the employees to their Burlingame counterparts within at least three (3)years. B. Provide and maintain facilities for recreational programs, including but not limited to the Community Center, Chetcuti Room,Millbrae Library and Central Park C. Provide working office facilities for recreation personnel, including but not limited to offices, desks, chairs, telephone lines, computers, internet access, etc. D. Maintain Agreements with the Millbrae School District and San Mateo Union High School District to provide for recreational opportunities Responsibilities of Each fity A. Each City shall be responsible for maintaining, repairing and keeping in good condition the facilities currently used by its Parks and Recreation Department to conduct community recreational activities. B. Each City will inventory its assets in its Recreational facilities of items having over $500 in value. Ownership of such items shall remain the property of the individual City, unless expressly agreed to in writing by each City. C. The City Managers and the Director will meet as part of each City's budget process to agree upon the level of funding for recreation services to be contributed from each City and the corresponding level of services that will be provided to each community. D. Each year, the two City Managers will place 50% of any expense savings or excess revenues as described in above paragraph (c) in a trust fund to be used for capital outlay for the Recreation programs. 3 Sent 29. 2005 Draft E. If either party determines that a budget reduction or additional services are necessary, the Recreation Director will recommend to each City Manager for mutual approval a strategy to take such action so as to not impact the services offered to the other party. F. Each City Manager has the authority to hire, promote, demote, impose disciplinary action and/or terminate employees of their City assigned to the Recreation Division and may delegate this authority to the Recreation Director in accordance with the prevailing memoranda of understanding with employee associations and Department personnel. With regard to personnel not then employed or not to be hired by the Department, the Director shall recommend any hiring decision, promotion, or disciplinary action to the impacted employee's City Manager, and the applicable City Manager will have the authority to impose such action in accordance with the terms of the applicable collective bargaining agreement covering the employee in question. G. Each City shall be responsible for obtaining general and vehicle liability insurance coverage for its activities. This insurance coverage may be provided through an insurance program of one of the Member Agencies if allowed. H. Each City would be responsible for the costs of litigation and any judgment for damages arising from facility conditions, including either structural or maintenance issues. I. If the Department is held liable upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, the pro rata share of each City in the satisfaction of such a judgment shall be based upon the funding formula shown in Section II above. J. In the event of a vacancy in the Recreation Director position, the City Managers must each agree on the candidate that will be appointed to fill the position. 4 Sent 28. 2005 Draft IV. Indemnification/Hold Harmless A. Burlingame shall fully indemnify and hold Millbrae harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, permitted to be done, or omitted to be done by Burlingame under or in connection with the community recreation programs conducted on the properties. B. Millbrae shall fully indemnify and hold Burlingame harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done, permitted to be done, or omitted to be done by Millbrae under or in connection with the community recreation programs conducted on the properties. C. Burlingame shall maintain at all times, in full force and effect, adequate public liability insurance to protect Burlingame and Millbrae and their respective officers and employees against claims for personal injury and property damages occurring as a direct result of the conduct of recreational programs on the properties. The amount of the coverage shall be agreed upon by Burlingame and Millbrae. Millbrae shall be named as an additional insured and receive a certificate of insurance. D. Millbrae shall maintain, at all times, in full force and effect, adequate public liability insurance to protect Millbrae and Burlingame and their respective officers and employees against claims for personal injury and property damages occurring as a direct result of the conduct of recreational programs on the properties. The amount of the coverage shall be agreed upon by Burlingame and Millbrae. Burlingame shall be named as an additional insured and receive a certificate of insurance. IV. Notices Notices hereunder shall be given in writing and served personally or by registered or certified mail upon the other party hereto as follows: To City of Burlingame: City Manager 501 Primrose Road Burlingame, California 94010 5 Sent 28. 2005 Draft To City of Millbrae City Manager 621 Magnolia Avenue Millbrae, California 94030 Should any part, term, or provision of this agreement be decided by a Court of appropriate jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable to ineffectual,the validity of the remaining portion or provisions shall not be affected thereby. This agreement integrates the complete understanding of the parties hereto, and no warranties or representations have been made by either party hereby to the other party except as specifically set forth in this agreement. There shall be no subsequent alteration, amendment, change, or waiver or additions to this agreement unless reduced to writing and signed by the parties hereto have caused this agreement to be executed and attested by their proper officers thereunder duly authorized, as follows: IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. CITY OF BURLINGAME: CITY OF MILLBRAE: By: City Manager City Manager ATTEST: By: City Clerk City Clerk APPROVED AS TO FORM: By: City Attorney City Attorney 6 Sent 28. 2005 Draft Staff Efficiencies I Attachment T" (Approximate Annual Hours of Savings per Program Area) Program Areas Projected Hours Description of Potential Savings of Savings Administration 400-800 Preparation of one budget instead of two,combined brochures(3 per year),payment to sports associations,etc. Facilities 0 Each city to maintain own facilities Rentals/Sales 40-60 Sharing of ticket sales(Great America,Marine World,etc)without having to process checks between cities Preschool 0-40 Each program to continue as is until efficiencies can be found;some shared purchasing Youth Programs 20-60 Shared instructors(advertising,contracts,payments,etc)-sports leagues to remain separate initial) Teen Programs 40-60 One person to schedule teen trips Senior Citizens 0-40 Each program to continue as is until efficiencies can be found-some shared trips and advertising Youth/Adult Classes 40-80 Shared instructors(advertising,contracts,payments,etc) Adults Sports 80-160 One person to schedule adult sports leagues-eliminates some duplication with officials,statistician Aquatics 0 Only one program currently exists-will be able to better promote ro ram Special Events 80-160 Combined management of Music in the Park concerts,Golf Tournament, lCommunity Giants Night 700-1460 Examples of Usinq Efficiencies to Improve Programs Projected Savings Use of Staff Time Example(s) Administration 300 hours Create new events Cherry Blossom Festival 200 hours New classes New Preschool classes Adult Sports 80 hours Improve other areas Coaching clinics for youth sports Youth/Adult Classes 40 hours Create new classes Afterschool programs Teen Programs 50 hours Improve same area Annual joint YAC planning events More afterschool activities Burlingame and Millbrae Recreation Department Attachment „G" Draft Organizational Chart - - January 10, 2006 Director of Parks & Recreation Burlingame Parks Division BaM City Councils BaM Department Head Teams Burlingame and Millbrae Recreation BaM Parks & Recreation Commissions BaM Community Organizations Recreation Superintendent Division Goal Setting Division Operations Weekend/Eve. Staffmg Scholarship Program Division budget prep. Front Office Staff Facility Maintenance Plan Session Schedules P-T salary schedule Burl Facility Rentals Registration Computers Combined Supt. & Supt/,FTE 52; 5 Recreation Supervisors or Managers Recreation programming Supervise Coordinators & part-time staff Assist with Recreation Administration (Budgeting, policies, procedures, etc) 6 Recreation Coordinators 5'Aa FrE Recreation programming ( 1 or 2 program areas) Supervise part-time staff/volunteers Front Office Staff Admin. Assistant Sr. Typist Clerk Rec Division Sect 2 P-T Typist Clerks 2 Account Clerks Scenarios of Potential Financial Savings Attachment°H° Positions Salaries& Curren I Shared Services Shared Services Separate Benefits Levels Immediate Future Departments FTE's J.T, FTE's $.- FTE's FTE's $.- tor 180,000 1.15 207,000 1.00 180,000 1.00 180,000 2.00 360,000 Burlingame 0.80 144,000 0.65 117,000 0.65 117,000 1.00 180,000 Millbrae 0.35 63,000 0.35 63,000 0.35 63,000 1.00 180,000 Superintendent 20,000 0.001.00 20,000 1.00 20,000 0.00 Burlingame 0.00 0.65 13,000 0.65 13,000 0.00 Millbrae 0.00 0.35 7,000 0.35 7,000 0.00 Supervisors 110,000 3.20 352,000 3.20 352,000 2.20 242,000 3.20 352,000 Burlingame 3.20 352,000 3.20 352,000 2.85 /8S 313,500 3.20 352,000 Millbrae 0.00 - 0.00 - 0.35 38,500 0.00 - Managers 90,000 2.00 180,0002.00 220,000 2.00 220,000 2.00 180,000 Burlingame 0.00 - 0.00 - 0.65 71,500 0.00 - Millbrae 2.00 180,000 2,00 220,000 1.35 148.500 2.00 180,000 Coordinators 80,000 5.00 400,000 5.00 400,000 6.00 480,000 5.00 400,000 Burlingame 3.60 288,000 3.60 288,000 4.25 340,000 3.60 288,000 Millbrae 1.40 112,000 1.40 112,000 1.75 140,000 1.40 112,000 Rec.Secretary 80,000 2.00 160,000 2.00 160,000 1.00 80,000 2.00 160,000 Burlingame 1.00 80,000 1.00 80,000 0.65 52,000 1.00 80,000 Millbrae 1.00 80 000 1.00 80,000 0.35 28,000 1.00 80,000 Account Clerk II 66,000 2.00 132,000 2.00 132,000 2.00 132,000 2.00 132,000 Burlingame 1.00 66,000 1.00 66,000 1.00 66,000 1.00 66,000 Millbrae 1.00 66,000 1.00 66,000 1.00 66,000 1.00 66,000 Sr.Typist Clerk 62,384 1.70 106,053 1.70 106,053 2.70 168,437 1.70 106,053 Burlingame 1.70 106,053 1.70 106,053 2.05 127,887 1.70 106,053 Millbrae 0.00 0.00 - 0.65 40,550 0.00 - Totals 17.05 1,537,05316.90 1,570,053 16.90 1,522,437 17.90 1,690,053 Burlingame 11.30 1,036,053 11.15 1,022,053 12.10 1,100,887 11.50 1,072,053 Millbrae 5.75 501,000 5.75 548,000 5.80 531,550 6.40 618,000 ASSUMPTIONS `Salaries&Benefits are approximated and assume 30%for benefits (1111/06-RS) "Equity pay for Managers(to Supervisor level)is estimated with Shared Services `""Superintendent position is included with Shared Services and approximated at$20,000(difference in pay from Supervisor/Manager) Agenda Item # 9a Meeting BURLINGAME STAFF REPORT Date: J r 17 2006 i SUBMITTED BY 2�LLt APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JANUARY 4, 2006 FROM: PUBLIC WORKS SUBJECT: RESOLUTION APPROVING AN ADOPTION OF A DISADVANTAGED BUSINESS ENTERPRISE GOAL OF FIVE PERCENT FOR THE FEDERAL FY 2005/2006 RECOMMENDATION: It is recommended that Council approve the attached resolution adopting the Disadvantaged Business Enterprise (DBE) goal of five percent for the period of October 1 , 2005 to September 30, 2006. BACKGROUND: Under Federal guidelines, a Disadvantage Business Enterprise is a small business that is at least fifty-one percent (51 %) unconditionally owned by minority or women individuals; in the case of a corporation, fifty-one percent (51 %) of the stock is owned by one or more such individuals. In 1983, Congress enacted the first DBE statutory provision. This provision required the Department of Transportation (DOT) to ensure that a portion of the funds authorized for the highway and transit programs be expended with DBEs. In 1987, Congress further authorized to add women to the groups of DBEs. DBE regulations require recipients of DOT Federal Financial assistance (state and local agencies) to establish goals for the participation of disadvantaged entrepreneurs and certify the eligibility of DBE firms to participate in their DOT-assisted contracts. In January 2001 , the City approved the DBE program goal in accordance to the federal requirements. In order to qualify for federal funding, the City must annually update the DBE goal and publish it in the local newspaper for public comment. DISCUSSION: The proposed DBE goal for the FY 2005-06 is five percent. The DBE goal was published in the local newspaper on December 6, 2005, and has been tentatively approved by Caltrans. Upon Council adoption, the City will receive final approval from Caltrans and will be eligible for a federal grant this year. BUDGET IMPACT: None EXHIBITS: Resolution, DBE Goal, Public Notice onald thaing, P. E. Senior Civil Engineer c: Doris Mortensen, City Clerk Larry Anderson, City Attorney S:W Public Works Directory\Staff Reports\DBE GOAL 2005.doc RESOLUTION NO. APPROVING AN ADOPTION OF A DISADVANTAGE BUSINESS ENTERPRISE GOAL OF FIVE PERCENT FOR PERIOD OF OCTOBER 1, 2005 TO SEPTEMBER 30, 2006 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California: WHEREAS, on January 17, 2006, the City Council adopted Resolution No. establishing City's Disadvantage Business Enterprise(DBE)Program, statement of policy, and goals; and WHEREAS, Federal law and the DBE Program requires the City to establish goals for participation on an annual basis; and WHEREAS, on January 17, 2006, the City Council considered the goals in public meeting, and received and considered testimony and comment from all interested persons; and WHEREAS, a continue goal of five percent is appropriate in the community and for the level of work expected during the coming year. NOW, THEREFORE, BE IT RESOLVED: 1. The Disadvantage Business Enterprise goal for the Period of October 1, 2005 to September 30, 2006, shall be five percent. Cathy Baylock, 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 , 2006, and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Doris Mortensen, City Clerk SAA Public Works Directory\Resolutions\DBE 2005_06.wpd CITY OF BURLINGAME w OVERALL ANNUAL DBE GOAL FOR FEDERALL FISCAL YEAR 2005/2006 Submitted in conformance with Title 49 Code of the Code of Federal Regulations Part 26 Caltrans Local Assistance Procedures Manual and Caltrans Local Programs Procedures The City of Burlingame Overall Annual DBE Goal 05/06 Page 1 CITY OF BURLINGAME DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM OVERALL ANNUAL DBE GOAL AND METHODOLOGY FOR FEDERAL FISCAL YEAR (FFY) 2005/06 I. DOT-ASSISTED CONTRACTING PROGRAM FOR FFY 2005/06 Table 1 below represents one DOT-assisted project the City of Burlingame considered in the overall goal-setting process for FFY 2005/06. Only one project have subcontracting opportunities and are anticipated to be awarded and/or expended within the fiscal year: Table 1 :v,v:i'`�,♦ :.\. ... .- .. 4.... \•.:.. ...... .,..w:.�vv�„z;;,v}.i:i::♦:.t;,2avri::;i' .L. ,t�..t -:�.♦ »�\2,\a.::l» n'.4va- `22xxx22xx322�2 2xz2 ♦ v t : «»»»»». ..vt.., ..,,,.,a.,a.wn:..:»...` .:a♦v..v.,:••. 22vv-.»av2«v.v,�v♦:...v, ♦♦„« ,:.,. a:a a 2x2: \`22;2222»♦ ,i:` ?`.\a..a,...... - - -.,,-.a--.a... \t♦•..4 t3::,-..•.... a....r. ♦..,♦»:: ... ,vx«♦,ayt,vu.t,.,';.i32;22i` 3\2< ?. .\a..♦a3....♦»\ < „ti.,.�\.�. ..\\,.• :\;\i\.. .a�\., .\a- ,.\.., ,♦\a �,y� 222`22`:fi':`a-:::..:..a-:::::. '?-::,-. �i♦\�n13.,?•a2ti?,\`.`2kt<, ?2\t,-.,a„2;\.:. z?222.\,cz2 ".•�zz kRta ;288;x;`;';2?t»,»,.'iif#�♦ »a.:-:.«a,:«a,-.,-.,.:.a,.. v k.- ..k ,.2?" :,Y. a:,ix ix-2. :<,-. 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' ?,\•.\. ?,a xiv., «a-.a-.,.aa,-.aa,.:.a.::�:.: -i3k3. ,,,,,- - �•72k� :�•. ,v,.,2„2�, ,t•.,2k2???2-..aa-,a,-.a-::.,,-:,-.,-:.,«., ix2222tt ?2<`2�;x;.i. - »�., 22:0222;2 •,\.'t• t.3+M� a..vv. v 2,x'a2 .»:-..,- 222>.'.•:'\,22?'. �\vv:.,-n-. •a .:,:xtiva «:„-. v:.:.v:::::. -:-:,:.:.,..v♦...♦:.:::.:-.,.:.�:.va,-::.w:::na-.va-._--:, Highway& Street Construction 234110 $125,776.00 80% ,.22`; ..-af-''i'^::122 \.. : , \=:2k2'<`2::`?«<'?t22?::,.♦ .:<:.,-: tu`:: ?'``::2;:2`:i::i:-::i`.2i.:iti`2:i%-:<:: a:-.\•_a a.0, 2:54<::R\:.':2k:;:2::2s:`ack2Yi:1:2:::22?22 -a:?:<Yi.,»„-:k,-.,-:.-.;-:3:?,-::::.,:♦-,.:::::..:.......::-. :-.3r'-3ti3:..,;.:.. .,.w\t..•.. :.3•...;..a ..,.,.::::...,♦♦a.•..,....a,t,-:.,aa..,..a,.,m` 3.. ..a-.,-..,..,.,.-.a.-,.,-:._ »•.1•.a1„ .,»;oa-.�:;.i-.a»;...._.t...:..a:».:.:,1;1::3:13::::::•.,, ' - a a .-.a.:•:�-,..t.-,a..«..,♦a,.w.-.a•.»a.:.: :.. :. at a - .,x♦ 2x2:::': !'t':-.322.'•;i2`:1a \. •.. .,.:.,a....,-.,..-:.:: ,.:.::::yx.;-31111:i:;8ija:::a::>t'::=:2??::a:::::iiii-.,.:. - ,.a\.. ,1:.\.11::111.:.- ...3.•:3.:`3A31;:-:'r.•33113 .\..- v . ,1.:...... .. ....... ... ..�.a, ......... .\::<n1Y.:..•...v:1 _ .. ....... a.v:�»«`.-x... a.. .-.-n :.:3:-.33?333"'-13:\•:nv.:\\-a.. tiAd ...,:-..:.,.,,a,.,.,,,:...... .v n,-..n.,.-n«a. .,...:.,.,•::...:..,a,-._:.:av n\,v..t ... •v:v vv,u..... ............ :♦•n„-:nv ,.♦a,.:::::.:. ...ria'.....::::n..«\t•-«:t_.v,..n...... Engineering 541330 $31,444.00 20% TOTAL $157,220.00 100% City of Burlingame Overall Annual DBE Goal 05M Page 2 11 GOAI-SETTING PROCESS: Step 1:Determination of a Base Figure for the Overall Annual Goal(26.45) To begin the goal-setting process,the City of Burlingame determined the Base Figure for the relative availability of DBEs,by following one of the five examples of approaches set forth in 26.25 of the regulations. The following data sources were immediately available to the City of Burlingame: For the numerator: The City of Burlingame utilized the Unified Certification Program-2002 Certified DBE Firms to determine the number of ready,willing and able DBEs in the City of Burlingame's market area (further defined as San Mateo,Santa Clara and San Francisco Counties). For the denominator: The City of Burlingame utilized the 2002 U.S.Census Bureau County Business Patterns(CBP) Database to determine the number of ready, willing and able businesses available in the City of Burlingame's market area(further defined as San Mateo, Santa Clara and San Francisco Counties). The City of Burlingame made a concerted effort to ensure that: a) The scope of businesses included in the numerator is as close as possible to the scope included in the denominator. b) The NAICs codes included in the denominator is as close as possible to scope included in the the numerator. This was accomplished by utilizing the conversion table of NAICs work codes provided by 2002 U.S Census Bureau County Business Patterns(CBP)Database. c) The geographic base included in the numerator is as close as possible to the U.S.Census Bureau County Business Patterns Database. This was accomplished by determining the corresponding zip codes for each county,within City of Burlingame's market area. The Base Figure was further adjusted by weighting the relative availability of DBEs within each primary work category,giving more weight to the work category the City is projected to spend more DOT- assisted dollars. The Base Figure resulting from this weighted calculation is as follows: City of Burlingame Overall Annual DBE Goal 05/06 Page 3 Base Figure =% (DBEs in 234110, 237310*) + 20%(L)BEs in 541330) CBPs in NAICS 234110,235930** CBPs in NAICS 541330 Base Figure = 0.80 53 + 0.200 865 883 Base Figure = 0.80 (0.0613) + 0.20(0.0068) Base Figure = 0.0490+ 0.0014= 0.0504 Base Figure = (0.0504) 100 = 5.04= 5%*** * For detailed listing of all Caltrans Work Categories grouped in each major category, refer to Exhibit A.. ** For detailed listing of all NAICS Work Codes grouped in each major category, refer to Exhibit B. *** Rounded to the nearest whole number. Step 2: Adjusting the Base Figure Upon establishing the Base Figure, the City of Burlingame reviewed and assessed other known relevant evidence potentially impacting the relative availability of DBE within the City of Burlingame's market area in accordance with prescribed narrow tailoring provisions set forth under 49 CFR Part 26. A. City's Bidders List While a Bidders List would serve as quantifiable evidence of DBEs demonstrated interest and capacity, the Town has recently initiated the process of collecting pertinent information to create a Bidders List database; therefore, there is not sufficient data to date to merit consideration for an adjustment. However. the City of Burlingame will continue to capture such information from all the bidders at the time bid/proposal submission and will utilize such information in future goal-setting analysis. B. Disparity Studies The City of Burlingame is not aware of any current disparity studies within the City of Burlingame's jurisdiction for consideration in the goal - setting analysis and / or adjustment. City of Burlingame overall Annual DBE Goal for FFY 2005/06 Page 4 Resultant Base Figure Based on the City of Burlingame's review and consideration of the above factors, particularly in the absence of the availability of historical DBE attainments, evidence considered does not support an adjustment to the Base Figure at this time. In conclusion, after careful consideration of the above-named evidence/and other relevant factors, the Overall Annual DBE Goal for the City of Burlingame for FFY 2005/06 is 55%. III. OVERALL ANNUAL GOAL AND PROJECTION OF RACE-NEUTRAL AND RACE-CONSCIOUS PARTICIPATION: The Overall Annual (FFY 2005/06 DBE Goal for the City of Burlingame's DOT-assisted contracts is 5%. The Overall Goal is expressed as a percentage of all DOT-assisted funds that the City of Burlingame will expend in FHWA-assisted contracts in the forthcoming fiscal year. This goal further serves to identify the relative availability of DBEs based on evidence of ready, willing, and able DBEs to all comparable firms, which are known to be available to compete for and perform on the City of Burlingame's DOT-assisted contracts. The Overall Annual Goal reflects a determination of the level of DBE participation, which would be expected absent the effects of discrimination. Although the City of Burlingame's race-neutral efforts are anticipate to increase, given the City's DBE participation attainments on similar types of projects, the City will continue to utilize race-conscious numeric goal-setting to affirmative drive the bidders'DBE participation commitments toward meeting the City's Overall Annual DBE Goal. Therefore, in light of these considerations, the City of Burlingame projects that the proposed Overall Annual DBE Goal of 5% for FFY 2005/06 will be achieved through the use of numeric goals(race-conscious participation). The City of Burlingame will, however, continue to make efforts to employ race-neutral measures whenever possible to ensure that bidding and contract requirements facilitate participation by DBEs and other small businesses in conformance with new regulatory requirements. IV. PUBLIC PARTICIPATION AND FACILITATION In conformance with Public Participation Regulatory Requirements of 49 CFR Part 26 and Caltrans Local Assistance Procedures Manual (LAPM), this goal analysis will be reviewed with minority, women, local business chambers, and community organizations within the City of Burlingame's geographic market area. City of Burlingame lT—ll A-1 DBE Goal 05M FY Page 5 Federal regulation Title 49 Code of Federal Regulation(499 CFR 26.29)used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to any subcontractor.The City of Burlingame is to include number 3 method in their federal-aid contracts to ensure prompt and full payment of retainage(withheld funds)to subcontractors in compliance with the Title 49 Code of Federal Regulations(CFR)Part 26.29. Method No.3-Hold retainage from prime contractors and provide for prompt and regular incremental acceptance of portions of the prime contact,pay retainage to prime contractors based on these acceptances,and require a contract clause obligating the prime contractor to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within 30 days after your payment to the prime contractor. Additionally,the City of Burlingame will publish a Public Notice in general circulation media announcing the City of Burlingame's proposed Overall Annual Goal for the FFY 2005/06 DOT-assisted contracts. Such Notice will inform the public that the proposed goal and its rationale is available for inspection at the City of Burlingame's principal office during normal business hours for 30 days following the date of the Public Notice and that the City of Burlingame will accept comments on the goal analysis for 45 days from the date of the Public Notice.The required public participation provisions will be fully satisfied prior to submitting the City of Burlingame's Overall Annual DBE to Caltrans for final reviews and approval. City of Burlingame Overall Annual DBE Goal 05/06 EXRIBIT A Page 6 CITY OF BURLINGAME DBE GOAL ANALYSIS FOR FFY 2005/2006 - :�.,-• �:c;- -- :;•;r,...i�:.«,r.<.,::..::'.'C:'-'�-�_ :{sem #OF ESTABLISHED DBE FIRMS IN SAN MATEO, SANTA CLARA AND SAN FRANCISCO COUNTIES. CONSTRUCTION: COUNTIES ?ice: ,z �, ..a ♦„ }\ ., \>.,x`xa,;,x ,:ix ii��x �a\�<a Z r ::.a,,:z!zx;`?:;;? ,."♦-.,.\\„ ,�x,x,,,tia ..?,i iia •\">xzk .aa,a�;:x \?,aur„ \ �. 'i}\ \ x\\.., ?.\\\� \ ti\.\\7 ate\ \. w e?4a\ \�cca. \i\�\♦ ": xx.\e: �: < ".:a�;:s"\�\ .ca\\\\\xs, µb a �,, a .}a , x\ \\\♦♦v.♦♦. x. \ - ♦a-\, x??\-,v:.-♦-. -.kx\ ?.,,,,,,.::,,.-,.,• mgV..: :,,:„ ,zar:a„x��\x\4♦,xa.`,,, -. a`♦x♦ ,a �. .• �::}•.,a?� ”" a.tia ,a y,x.♦♦ axix, ..,.:::.vv.., ., :'.`\,:,,v vn ,a �♦ `\`xk-.a..xay.aa,v ,a♦a•i x:,".a", v>\4'�" a,\.a , +:ix- ..v:, `:--:,v,♦:.v ♦?xz".\,,,v\,.,„v,,,,.,v-. , x,v :2xrc \;`..:,,-.a,;,•:a,a '?xix "vx}:.,:-,..-.,,,,,,.,,,,, .. ::iJ::'.:: .: - ,x...,vwa,. ,.. \t,`_�a,.+a - 4 \,• �. ;;,\ 2 aaav , tic}�:v.,. `ivr`v}}\.,♦ ??::� ;`�`?_v:`\\ `u` `wx:.a .. `,.. ,-\ . .\:.., V.\\\\'L- ` x_.\\}\.-.ate\\`, \ \ i��v`•"`�a\'�%�}:\- , .\ . ..J.. ".\:;;}.`.- -:;::: :.? <xo�;;, :.,,-i, zwx,\, �m ,Z: ?`` `ka\\a :,„\a. kxax♦ :�i4it t---it.g , ���,a ';r?: - „a,\„a,a„ „?\.zekxx;\`��� -xaa-a xva`�\♦\, `♦\ \, ::=.`.}..."3�`,-.,'�-,`,.�ixxz\ �x�� 1��: ,,aha: wa „a,. .,•:\,ax .\\\ .i.,,,, x\' x�4 �k- ; ,,�, < :i?-`..�:\::z},,,, :xi>.'}.zxxx???:i;,,,.. i ,5.`xx:.-:.a,:>, '= zxxkx„ „♦:\ :, 'a�x ;: } � c.:- -xt \-,,,,,-.a4„`,�\,:�.av�;,,,a♦�?axx�...a,,:r.,,•�... -�,:. .. �:::., k\<,” -- - 23$910 Clearing & Grubbing 1 1 6 238910 Roadway Excavation 2 1 1 237310 Grading 2 2 1 237310 Concrete Curb & Sidewalk 1 1 2 237310 Asphalt Concrete 2 0 3 237310 Paving Asphalt 1 2 5 238320 Painted Traffic Stripe & Marking 0 0 0 238110 Concrete Surface Finish 3 8 8 HIGHWAY & STREET CONSTRUCTION 12 15 26 53 CONSTRUCTION: COUNTIES v x,„ ,2,v,<-.< ,♦vx,-.�„ „ \\\1 x,�,,,,,-:.v-;•:,:.:.♦\,,.x ` x`@♦`♦'-\\\`'•?: ;,•:.,,� .`k>,?: ::;.: - .,a;} .:.,z z•:. :.,,,,,<>:-::.,xz}. :a``�\ \♦ :Z<.a..\ , ax,,,\ , \, \ \-. x,a. ?♦.v,\ •\a ?``:�:�ti`•X:k;,ti.- .x` .:\\e<,`:\v�"a_� "-.\•-\.tea.-,}a.,. •. \, '\ � � --��`v:`;}x \ ,v C\:\�ci-x..\ � \t\Y\ei" .i.:,-„\\\i..\',e-:fi-y� !; ,..4�:.:-.:.;--.�.,. ..\C,a . .,�::•::14. ::l\4a.�.ti:..`;v-: v-\-:::::.a-:: :`\2>,k,ti::xik}r?;x:it. �•:,•?V\ , \♦♦ ,-a♦a }\ ,nV--.,,.a. a♦•.4..., :n?v.4iia-`-v- k; ,ua,,,v: ,?+„`,♦ , .V,v�M1lta`x\aV x♦itis\'Qxkkv ?;ti�riv \�-\'i♦,u-.-:.�- V V� `axa�` \\` ♦ ♦+x♦?.xa\�a ”""�?x`xx?xi 'xxxa\`, q-,-i a\`+.,♦, 4 �;?A„-.,:•}„-., -. ::.h� -: Skill, '.,�`♦♦ ';a:.,a,,,.\ �;ct:: : <.4<y..-�...<..�:......_.._.��?'' ::: :o:�♦a,. x?;\F: `vka` ,,:, k\ \.♦ ,x`.,,.a ,\`\ •�`+:;:'=i�.`{.r,`:�4\ �\\ :\\`.v., .,:a:,;��;, - �:. ..: ` ,.'. -\`�•'- may} a.,,,,a a„�:a•. -��: - :.ax-.,,,.vii:`s,..:�atxa} ���: a.; i::'`� � - 541330 Civil En rin 0 I 5 CONSTRUCTION SERVICES 0 1 5 6 DATA SOURCE: Unified Certification Program-2002 DBE Certified Firms City of Burlingame Overall DBE Goal 05/06 EXHIBIT B Page 7 o.................. OF ESTABLISHED FIRMS IN SAN MATEO, SANTA CLARA AND SAN FRANCISCO COUNTIES 1: CONSTRUCTION: Major Construction Services: Santa San Category: San Mateo Clara Francisco Total NAICS CODE NAICS DESCRIPTION 234110 ffighway&Street Construction 15 32 10 234990 All Other Heavy Construction 14 27 11 235210 Paint Traffic Stripe&Marking 173 180 154 235710 Concrete Contractors 56 90 27 235930 ExcavationContractors27 43 6 285 372 208 865 PROFESSIONAL SERVICES: 541330 Engineering 295 325 263 295 325 263 883 W ......... . i: DATA SOURCE:U.S. Census Bureau: County Business Patterns,NAICS Work Category Codes San Mateo County Times Legal No. 0000595284 tyU�U�,NbTtCtc clo ANG Newspapers crrr,o>R.>gut�t:,tty me oa vts►rti���su�n�ss 1080 South Amphlett Blvd. �reaarsEi�txt,�irt' San Mateo, CA 94402 Wyme 15gY 41 M INAT THE Legal Advertising ifo hsaac+ea a,Pra (800)595-9595 opt.4 „ ' W',ocsl iatsd dPi+�� Wes scrrequirtd to tfur ppe�r[bd ��xtot�a i ', � �+t� �• aF 8ulri atrt� proposed CITY OF BURLINGAME zt�t .iauiiierede- 501 PRIMROSE ROAD, grant ri�attRosi,t�reir t 'a�nv agW suss BURLINGAME CA 94010-3997 mesa:Enterp�l8e_ ocaram "aEF a,1. $9 GFR Fart 2288�� and are avaitat>�e:for ttfsptjction for Mjor ,_'( I da*1b1owirg;the date of this No- we, fr6rrt 85p,;aim to A W p m.,"Pac itt Pie®F®F FIND at ATIBN t =w r s i�ate�.at. FILE NO. ' '"'� PWWrc twl�S 17eparttnent 5cN Prk"riise nwa stir"Ingaare;GA'W'' 10 In the matter of T +phbtofaee o C si kd owttie Goal DISADVANTAGE BUSINESS !ort r �i4110-112=rro #thls,Ndioe. ENTERPRISE PROGRAM c060i rrts � to °ons Cnarr� ([)BE ti",Oh. 11 at the City of B�rii+i9aRle at t�above stated address. The undersigned deposes that he/she is the Public Notice 0 Advertising Clerk of the SAN MATEO COUNTY TIMES,a cryora��nnte newspaper of general circulation as defined by Government setrnmes,.f sena Code Section 6000,adjudicated as such by the Superior Court t>>;cs�ber�6,20 / of the State of California,County of San Mateo(Order Nos. 55795 on September 21, 1951),which is published and circulated in said county and state daily(Sunday excepted). The PUBLIC NOTICE was published in every issue of the SAN MATEO COUNTY TIMES on the following date(s): 12/6105, 12/16105 ED I certify(or declare) under the penalty of perjury �' '� 7 2005 that the foregoing is true an correc C'= - 4 . .dL1C WO RM OF:BW?LI1qGAh1E Public Notice Advertising Clerk iohw v2: December t X005 page: - wr" M PUBLIC NOTICE CITY OF B UR LINGAI�IE. DISADVANTAGE BUSWE,S EN�'ERpRISE PROGRAM - :.. I�TOTICE.--l$-HEREBY GIVEN :. . THAT-THE City of Budin arm,h e tabfshed a Proposed Over�lI g , .as: Annual�Disadvanfged Business Eri[eprise {DBE)Foal oS9o, aPFli�atile to Dt7T assisted contra s sche¢ led t©be:ararded<inrin °�opPo�nities _ t SeP utb;�r.30 -9 Period of Ov be �hrou 2006Y - cr405. gh. Tty of'Burlin ' gamey z� Goal ant1 ration were Bevel ��N� oped in resPo US�"D of T�.S P tions 14ew Disadgantaged.Bus - Rukt...00FR Part 26 d mess° P Proigranr ai ),:ao are avaiiable.fir i fflllov(� oti : YS::. ngtbe.date-ol this Notice;fio 8.30 a: or u y< 0 ,1 i to.400 Pacific ::$Wdanl Time,ll�ionda throu "m' ::Wo De act 3'.. . g&Friday at City o€Burlingaiiie'PubLc. :P �.nt located at: The.City oi=Burlingame Public:Works.Department" 501.E - , - moose.R6ad. Builu►gstne CA 94010 Telephone:"(650)558-7230 t- ge;org - `} its wl be aceep 1oai for fo tCortanen rtY-#iye.days.:fioiti:thy e la ;A a soQ Officer)at the arded toag IBF ;Ia;= City of$urlingame,at the above stated addr ess: < O�rge Bdgdon f ` Dtbrkg,.Clty of$udl g t AGREEMENT FOR PROFESSIONAL SERVICES WITH SOLEM AND ASSOCIATES TO CONDUCT PUBLIC OPINION POLLING FOR THE CITY WIDE FACILITIES IMPROVEMENTS PROJECT CITY PROJECT NO. 80760 THIS AGREEMENT is entered into this day of , 2006, by and between the City of Burlingame, State of California, herein called the "City", and SOLEM AND ASSOCIATES engaged in providing PUBLIC OPINION POLLING consulting services herein called the "Consultant". RECITALS A. The City is considering conducting public opinion polling for the City Wide Facilities Improvements project. B. The City desires to engage a professional consultant to provide public opinion polling, because of Consultant's experience and qualifications to perform the desired work, described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. Scope of Services. The Consultant shall provide all services as set forth in Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by July 2006. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Consultant represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required Page 1 of 8 CADocuments and Settings0rock\Local SettingsUemporary Internet Files\OLK94\consultantagreementnew.wpd for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. Compensation for Consultant's professional services shall not exceed $43,410.00; and payment shall be based upon City approval of each task. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Also, plans, specifications, documents or other pertinent materials shall be submitted for City review, even if only in partial or draft form. 7. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 8. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Jon Kaufman. Page 2 of 8 CADocuments and Settings\lbrock\Local Settings\Temporary Internet Files\OLK94\consultantagreementnew.wpd 9. Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 10. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: George Bagdon, P.E., Director of Public Works City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Jon Kaufman Solem & Associates 550 Kearney Street, Suite 1010 San Francisco, CA, 94108 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 11. Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant 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. Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 12. Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant Page 3 of 8 CADocuments and Settings\lbrock\Local Settings\Temporary Internet Files\OLK94\consultantagreementnew.wpd 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, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City 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 City's sole discretion, divest itself of such interest. Consultant 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, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant 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. 14. Insurance. A. Minimum Scope of Insurance: i. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage in a form at least as broad as ISO "Occurrence" Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Page 4 of 8 CADocuments and Settings0rock\Local Settings\Temporary Internet Files\OLK94\consultantagreementnew.wpd iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Page 5 of 8 CADocuments and Settings\lbrock\Local Settings\Temporary Internet Files\OLK94\consultantagreementnew.wpd C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15. Indemnification. To the fullest extent permitted by law, he Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, agent, 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 received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply if the damage or injury is caused by the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. Page 6of8 CADocuments and SettingsUbrock\Local Settingffemporary Internet Files\OLK94\consultantagreementnew.wpd 16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 17. Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara. 18. Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price as the work delivered to the City bears to completed services contemplated under this Agreement, unless such termination is made for cause, in which event, compensation, if any, shall be adjusted in light of the particular facts and circumstances involved in such termination. 19. Amendment. No modification, waiver, mutual termination, or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, as well as costs not to exceed $7,500 in total. 21. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions, understandings or agreements purporting to modify or vary this Agreement, unless hereafter made in writing and signed by the parry to be bound, shall be binding on either party. Page 7 of 8 CADocuments and Settings0rock\Local Settings\Temporary Internet Files\OLK94\consultantagreementnew.wpd IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame By City Manager Jim Nantell Print Name: Solem & Associates Title ATTEST: Approved as to form: City Clerk - Doris J. Mortensen City Attorney- Larry Anderson Page 8 of 8 C:\Documents and Settings\lbrock\Local Settings\Temporary Intemet Files\OLK94\consultantagreementnew.wpd EXHIBIT A SO`LE ^.ASSOCIATE S San Frinvi 5 CA Suit* �r�nt�t�, �1�8 415.718.7'7111 fix 415.1se.I85a Public Relations and Public Affairsiosiem.comI1V1effl#3t1em.COrr December 22, 2005 Phase I Scope of Work, Timeline and Budget Task Timing Budget 1) Prepare roadmap on entire Public Financing Strategy January $900. Davis & Associates 860. 2) Meet with key city staff and officials to understand history of the various facilities improvement projects, current status and scope out the survey. January $1,875. Davis & Associates January 430. 3) Work with financial consultant GFS to develop costs of projects per taxpayer. January-February 600. Government Financial Strategies' services. January-February 10,000. 4) Draft questionnaire. January-February 3,000. 5) Review draft with City, modify and get approval of draft. February-March 1,800. 6) Retain phone center, oversee interviews and data tabulation. March 900. Solem's subcontractors, 600 17-minute interviews. March 15,000. 7) Review preliminary topline results, develop banner points. March 600. 8) Review data, design charts and graphs, write report of findings. March-April 3,000. 9) Review draft report with City staff and finalize report. April 1,800. 10) Present findings at City Council study session. April 1,500. Davis & Associates 645. 11) Misc. out-of-pocket expenses. 500. Solem & Associates subtotal $15,975. Research subcontractors subtotal 15,000. Davis & Associates 1,935. Government Financial Strategies subtotal 10,000. Expenses 500. Phase 1 total budget $43,410. Note: See also a separate scope of work for Government Financial Strategies. Project Budget Phase One Public Financing Strategy Task Jon Kaufman Dave Hyams Darolyn Davi! GFS Research Ver Misc. Exp. Total Prepare Roadmap $900 $860 $ 1 ,760 . 00 Background/scoping meeting 1 ,200 675 430 2, 305 . 00 Work with financial consultar 600 10,000 10,600 . 00 Draft questionnaire 31000 31000.00 Review and finalize draft 11800 1,800 . 00 Oversee interviewing 900 15,000 15,900 . 00 Initial review of data 600 600 Write report of findings 3,000 3,000 . 00 Review and finalize report 1 ,800 11800 .00 Present findings to City Cncl 11500 645 2, 145 . 00 Travel & misc. expenses 500 500 Total 15, 300 .00 675 11935 10,000 .00 15,000 . 00 500. 00 43,410 . 00 Hourly rates : Jon Kaufman $300 Dave Hyams 225 Darolyn Davis 215 GFS staff 140 CrJ x t� a EXHIBIT A Project Schedule and Timeline Phase One City of Burlingame Public Financing Strategy 2006 Jan Feb Mar Apr Prepare roadmap Develop a presentation for the January 17 study session on the entire City of Burlingame Public Financing Strategy Kick-off meetings Discuss history and current status of projects and scope out survey questionnaire Develop costs of projects Work with Government Financial Strategies to determine costs of projects on a per taxpayer basis Draft questionnaire Prepare initial draft Review with city staff, modify and secure final approval Conduct Poll Retain phone center,draw sample,oversee interviews and tabulate data Review data and write report Review topline results and develop banner points Review data,write report of findings with conclusions and recommendations and prepare charts and graphs Review with city staff and finalize report Present Results Make a final presentation at a City Council study session Offer additional advice and counsel as appropriate '04 IiiF ernment EXHIBIT a nancia! Strategies inc. MEMORANDUM DATE: December 21, 2005 TO: Jane Gomery �/ ) FROM: Lori Raineri pov— (BM J Sean Powers RE: Public Financing Strategy for Citywide Facilities Improvements Jane, we would like to thank you and your staff for the opportunity to assist the City of Burlingame with the Financing Strategy for Citywide Facilities Improvements. Jon has asked us to provide you with the tasks with which we would assist Solem & Associates along with our contract. In developing the Financing Strategy for the City, our time would include research, analysis, meetings, presentations, correspondence, etc. In preparing and conducting a public opinion poll, the specific tasks will minimally include the following: participate in the development of the questionnaire, attend meetings with external and internal team members, review Citywide project costs, provide financing options, analyze the City's tax base, use the City's project phasing and expenditure schedule to develop financial plan options, develop taxpayer financial impact data for survey questions, and review survey results. Additional work will be needed to implement the Financing Strategy and this can be discussed at a later date. As you may know, our work is based on an hourly rate ($140). We estimate that our time would be approximately 70 hours ($9,800), with a not to exceed amount of $10,000, plus out-of-pocket expenses. Please know that we will strive to work as efficiently as possible and if less time is required than we estimate, the City, of course, will benefit. It is our understanding that Jon Kaufman will be working on the public opinion research and we will be working on specific financial analysis and research, and that both of you will be providing direction to us. We understand that the City Council will be approving our contract as part of Solem & Associates' engagement. For reasons of integrity, it is important that our professional obligation be to the City and its goals, although we do not object to being compensated under Solem & Associates' contract. This memorandum should be considered an attachment to our contract. Jane, if this arrangement is acceptable, please find attached two copies of our standard contract for your approval. Please sign both copies and return one to our office. We understand from Jon that our monthly invoices for work relating specifically to the Financing Strategy should be sent to your office for your approval. Once approved, the invoice will be forwarded to Jon and Solem & Associates will be responsible for paying our monthly invoices on behalf of the City. Jane, as you may know our commitment to our clients is "100 percent satisfaction guaranteed, 100 percent of the time". It is our goal to provide the best facilities planning and financial consulting services in the most economical fashion and we are pleased that so many California public agencies feel that we do. We look forward to providing the City of Burlingame with this same high level of service. LR:SP/abo RECEIVED cc: Jon Kaufman (1 contract copy) DEC 2 2 2005 Attachments (2 contracts) 1228 N Street, Suite 13, Sacramento, CA 95814-5609 DEPT. OF PUBLIC WORKS Telephone (916) 444-5100 Fax (916) 444-5109 CITY OF 6OR-LINGAME EXHIBIT A IGovernment Financial Strategies inc. FINANCIAL ADVISORY CONTRACT This contract is made by and between GOVERNMENT FINANCIAL STRATEGIES INC. and the CITY OF BURLINGAME. GOVERNMENT FINANCIAL STRATEGIES will provide financial advisory services (described more specifically below) to develop and implement a financial plan to fund capital facilities needs. In consideration of the services provided, the CITY OF BURLINGAME will pay to GOVERNMENT FINANCIAL STRATEGIES hourly fees of $140 for services, plus out-of-pocket expenses (such as mileage, computer charges, etc.). For travel time, the CITY OF BURLINGAME will pay to GOVERNMENT FINANCIAL STRATEGIES hourly fees of$70. All charges will be approved by the CITY OF BURLINGAME Public Works Program Manager. The City will be billed on a monthly basis for fees and expenses. The term of this contract is twelve months. GOVERNMENT FINANCIAL STRATEGIES will provide general financial planning and advisory services to the CITY OF BURLINGAME which include but are not limited to the following: a review of facilities needs and costs, an evaluation of the tax base, examination of short term and long term cash flow schedules, identification and classification of existing and potential revenue sources, allocation of revenues to expenditures, development of financial strategies, public information meetings, study sessions for the City Council, and assistance with the production of a comprehensive financial plan. This contract may be terminated by either party with 30 days' notice. In the case of early termination, the CITY OF BURLINGAME will be entitled to completion of all work in progress at its option, and GOVERNMENT FINANCIAL STRATEGIES will be entitled to payment in full of all expenses and fees incurred. AGREED: 440 l Lori Raineri Print Name: -S E o M U 1--t a z A President Title:��s.� T_ 015L l.0 i,cd AC'S' pi�EZ7C2 Government Financial Strategies inc. CITY OF BURLINGAME Date: -C 2`7 2f3c`S" Date: OC/ OV, X,00,57— Attac ment (Memorandum Dated December 21, 2005, RE: Public Financing Strategy for Citywide Facilities Improvements) 1228 N Street, Suite 13, Sacramento, CA 95814-5609 Telephone (916) 444-5100 Fax (916) 444-5109 CITY OF BURLINGAME APPROPRIATION TRANSFER REQUEST DEPARTMENT DATE: PUBLICWORKS-ENGINEERING January 10,2006 1.REQUEST TRANSFER OF APPROPRIATIONS AS LISTED BELOW: FUND DEPT OBJT PROJ AMT DESCRIPTION FROM: 101 26115 $80,000 Contingency Reserve TO: 320 80760 270 $80,000 City Wide Facilities Improvements—Phase 1 Polling Justification(Attach Memo if Necessary) See staff report for Council January 17,2006 meeting.To be used for Facilities Improvements D TMENT HEAD Phase One—Public Opinion Polling BY DATE: ! "Y 06 2.X COUNCIL ACTION REQUIRED ❑COUNCILA TION N R QUIRED Remarks: January 17,2006 council action FINANCE DIRECTOR BY: DATE 3.X APPROVE AS REQUESTED [-]APPROVE AS REVISED ❑DISAPPROVE Remarks: CITY MANAGER BY: DATE: RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING TRANSFER OF FUNDS FOR FISCAL YEAR 2005-2006 RESOLVED,by the City Council of the City of Burlingame,that WHEREAS,the Department hereinabove named in the Request for Appropriation,Allotment or Transfer of Funds has requested the transfer of certain funds as described in said Request:and WHEREAS,the Finance Director has approved said Request as to accounting and available balances,and the City Manager has recommended the transfer of funds as set forth hereinabove: NOW,THEREFORE,IT IS HEREBY ORDERED AND DETERMINED that the recommendations of the City Manager be approved and that the transfer of funds as set forth in said Request be effected. 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 and was adopted thereafter by the following vote: AYES:COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK RESOLUTION NO. AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH SOLEM AND ASSOCIATES TO CONDUCT PUBLIC OPINION POLLING FOR THE CITY WIDE FACILITIES IMPROVEMENTS PROJECT CITY PROJECT NO. 80760 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1 . The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Cathy Baylock, 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 , 2006, and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Doris Mortensen, City Clerk CA\Documents and Settings\Ibrock\Local Settings\Temporary Internet Fi1es\0LK94\RESAGRMT.wpd CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# 9C MTG. L ANTED JUNEb DATE I/I7/06 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE w GyI BY DATE: January 9, 2006 APPROVE FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Recommendation to Adopt the Revised 2006 City Council Calendar RECOMMENDATION: To review, make changes if necessary and approve the Revised 2006 Burlingame City Council Calendar reflecting the cancellation of two summer-time meetings scheduled for July 3 and for August 7, 2006. BACKGROUND: To accommodate Council's scheduling of vacations. EXHIBITS: Revised 2006 Burlingame City Council Calendar BURldNGAME REVISED 2006 BURLINGAME CITY COUNCIL CALENDAR City Council meetings are held on the first and third Monday of each month. When Monday is a holiday,the meeting is usually held on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 at City Hall,501 Primrose Road,and are open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 26 for RCN subscribers and Channel 27 for Comcast subscribers. For more information,please view the City's website at www.burlingame.org or call the City Clerk at 650-558-7203. REGULAR MEETINGS Tuesday, January 3 Monday, July 3 (Canceled) Tuesday, January 17 Monday, July 17 Monday, February 6 Monday, August 7 (Canceled) Wednesday, February 22 Monday, August 21 Monday, March 6 Tuesday, September 5 Monday, March 20 Monday, September 18 Monday, April 3 Monday, October 2 Monday, April 17 Monday, October 16 Monday, May 1 Monday, November 6 Monday, May 15 Monday, November 20 Monday, June 5 Monday, December 4 Monday, June 19 Monday, December 18 (tentative) STUDY MEETINGS AND OTHER DATES Saturday, January 28 2006/07 Goals Session, 9 a.m., Recreation Center Wednesday, March 1 2006/07 Budget Session, 6 p.m., Lane Room, Main Library Friday, March 3 Commissioner's Dinner Saturday, March 18 Joint Council and Planning Commission Meeting, 9 a.m. Wednesday, June 14 City Manager's mid-year review, 5:30 p.m. Wednesday, December 6 City Manager's year end review, 5:30 p.m. 1/9/2006 12:15 PM AAA STAFF REPORT BURUNGAME AGENDA ITEM# 9d MTG. �CO��NATE�JVNE6 9�O DATE January 17,2006 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMIT BY DATE: January 17,2006 APP OVED B FROM: Jesus Nava, Finance Director ✓` 558-7222 SUBJECT: First Amended and Restated Joint Exercise of Powers Agreement of the South Bayside Waste Management Authority ("SBWMA") RECOMMENDATION: That the City Council approve the proposed amendments to the South Bayside Waste Management Authority(SBWMA)Joint Exercise of Powers Agreement BACKGROUND: The SBWMA was formed by 12 local agencies that include the Town of Atherton, City of Belmont, Burlingame, East Palo Alto, Foster City, Town of Hillsborough, Menlo Park, Redwood City, San Carlos, City of San Mateo, West Bay Sanitary District and the County of San Mateo (the Member Agencies). The agencies approved a Joint Exercise of Powers (JPA) Agreement effective December 9, 1999. These Member Agencies are the founding members of the SBWMA and are Equity members of the JPA. There are currently no Non-Equity members. Prior to December 9, 1999 all of the same agencies were part of an earlier JPA, the South Bayside Transfer Station Authority(SBTSA), a JPA formed in June 1982. The SBTSA members contracted with Browning Ferris Industries of California, Inc. —BFI (now Allied Waste Services) to collect and process solid waste through the transfer station built by BFI in San Carlos. In 1999 the SBTSA exercised an option to acquire the transfer station property and related buildings. The SBWMA was then formed to issue revenue bonds for the purchase of the transfer station. The station was purchased in 2000. The SBWMA now owns the Transfer Station Facilities and operates them through an Operating Agreement with Allied Waste Services. That Agreement, which started March 1, 2005, has now been extended by the SBWMA through December 31, 2010. The SBWMA also entered into a Disposal Agreement with Allied Waste Services which owns and operates the landfill at Ox Mountain. The term of that Agreement runs to December 31, 2019. All of the member agencies have individual franchises for Solid Waste, Recyclable and Plant Material collection with Allied Waste Services. Those franchise agreements were likewise recently extended to December 31, 2010. The daily operation of the SBWMA has become a full-time activity and the Board decided to recruit and employ a full-time Executive Director instead of a contract employee. The recruitment for that position is currently underway and will be completed in the next 30 to 60 days. The hiring of a full-time Executive Director requires that the JPA be amended to include the necessary provisions. The Board's review of the JPA also found the need to make additional amendments to reflect the current operation of the JPA by the Board of Directors. The First Amended and Restated Joint Exercise of Power Agreement (attached) contains all the contemplated changes. The substantive changes in the JPA Agreement that are recommended are as follows: Term of the JPA Article 4., Section 4.2, is amended to indicate that the term of the revenue bonds issued by the SBWMA will take precedence over the listed date of December 31 , 2019. The revenue bonds are a debt of the JPA and therefore the JPA must continue until any current or future bonds are repaid. SBWMA Powers Article 7., Section 7. 1 . 1 , is amended to delineate the actions that require a super majority (two-thirds) of the Board for approval. These actions include: a. The acquisition of real property b. The disposal of real property c. Entering into or amending franchise agreements for operation of the Transfer Station Facilities d. Issuance or refinancing of revenue bonds Governance and Board Composition Article 8, Section 8. 1 outlines the composition of the Board of Directors. As per the amendments, the Board remains composed of non-elected individuals from the member agencies staffs. The language clarifies which positions a member agency may designate as a Board member. The amendment also limits the ability of board members to appoint a "designee" and lists the positions that are eligible for the Board. The reason for this change is that too many different persons show up representing a member agency and some of those persons did not have authority to act on behalf of the member agency. An extensive discussion was held about whether elected members from each jurisdiction should serve on the Board of Directors. Most of the agency members did not favor a change in the composition of the Board of Directors, however several city managers serving on the Board requested that the San Mateo City Managers Group take up the matter and provide direction to the member agencies. The city mangers group recommended that city staff continue to serve as the governing body and delineated which positions could serve on the Board. It should be noted that Belmont Councilmember Coralin Feierbach circulated a memo outlining the reasons for the City of Belmont voting against the proposed amendments. A copy of that email along with a response from Brian Moura, Chairperson of the SBWMA is attached for your review and comment. Chairperson of the SBWMA Section 8.5 is amended to have the Chairperson of the Board elected annually by the Board. Currently the director from the City of San Carlos serves as the permanent chair(since 1982). The Board felt it should select the chair by a vote of the Board members. In addition all executive duties of the Chair are eliminated because the Executive Director assumes these duties. Finance Director Section 8.7 is amended to reflect the use of a part-time, contracted Finance Director. Richard Averett, Chief Financial Officer for the City of San Carlos has served as the Finance Director on a contractual basis since January 2000. The wording "without compensation" is deleted because the SBWMA has been paying for his part-time services. Executive Director Section 8.10 is added to create and list the duties of the new Executive Director. Minor Amendments Numerous other minor amendments are proposed as"cleanup language"that is intended to make the JPA current with changes that have occurred since 1999. Please note that under the SBWMA existing JPA Agreement, Section 10.8, it takes a 2/3rds vote of all of the member agencies to amend the JPA Agreement. The amendments to the JPA Agreement will not take effect until they have been approved by 2/3rds of the members (8 votes). To date, seven cities have approved the amendments; two have denied them and the remaining three are still pending. Approval of the JPA by the City of Burlingame will ratify the JPA amendments and put them into effect. ATTACHMENTS: A Resolution Of The City Of Burlingame Approving The First Amended And Restated Joint Exercise Of Powers Agreement For The South Bayside Waste Management Authority Draft- First Amended and Restated Joint Exercise of Powers Agreement of the South Bayside Waste Management Authority(showing language to be deleted and language to be added) Final - First Amended and Restated Joint Exercise of Powers Agreement of the South Bayside Waste Management Authority(clean copy for approval and signature) Email from Council Member Coralin Feierbach, City of Belmont Letter from Brian Moura, Chairperson, SBWMA, dated December 20, 2005 ti RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR THE SOUTH BAYSIDE WASTE MANAGEMENT AUTHORITY(SBWMA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED AGREEMENT RESOLVED,by the City Council of the City of Burlingame: WHEREAS, in Resolution No. 122-1999,the City Council approved the transformation of the South Bayside Transfer Station Authority(SBTSA) into the South Bayside Waste Management Authority(SBWMA)to own and operate the San Carlos Transfer Station; and WHEREAS,the Joint Exercise of Powers Agreement(JPA) for the South Bayside Waste Management Authority(SBWMA)was entered into on December 9, 1999; and WHEREAS,the member agencies duly amended the JPA on June 4, 2002 to change the definition of"Fiscal Year"; and WHEREAS, the SBWMA Board recommends member agencies approve the First Amended and Restated Joint Exercise of Powers Agreement to: 1) Establish the position of Executive Director; 2) Include items that require member agency approval; 3) Clarify member agency staff positions for Board membership; and 4) Have the Board annually select the Chair, NOW, THEREFORE,IT IS RESOLVED AND ORDERED: 1. The Amended and Restated Joint Exercise of Powers Agreement for the South Bayside Waste Management Authority as presented to the City Council on January 17, 2006, is approved. 2. The City Manager is authorized and directed to execute the Amended and Restated Agreement. 3. The Clerk is directed to attest to the signature of the Manager. MAYOR 1,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 2006,and was adopted thereafter by the following vote: AYES: COUNCELMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK Draft showing deletions (strike-out) and additions (underline) First Amended and Restated Joint Exercise of Powers Agreement South Bayside Waste Management Authority This First Amended and Restated Joint Exercise of Powers Agreement is entered into this of 2005, pursuant to the provisions of the Joint Exercise of Powers Act (Title 1, Division 7, Article 1, §6500 et seq. of the California Government Code) relating to the joint exercise of powers among the County of San Mateo and those cities, and towns listed in Exhibit A and B,hereafter collectively called"Agencies." RECITALS A. WHEREAS the Agencies heretofore entered into a Joint Exercise of Powers Agreement on December 9 1999 (the JPA Agreement). The JPA Agreement was first amended on June 4 2002 to modify the definition of the Fiscal Year. B. WHEREAS the Agencies are responsible for the health and safety of the citizens within their geographic boundaries; and C. WHEREAS the Agencies regulate Solid Waste, Recyclable Material, and Plant Material, Collection in areas under their jurisdiction and award Franchises for Collection to private organization(s), herein called"Collector(s)"; and D. WHEREAS the Agencies find it in their mutual economic interest to address Solid Waste and Recycling issues on a regional level; and that the costs for planning and implementing Solid Waste and Recycling Programs will be based on a fair and equitable allocation system that considers the relative benefits to each Agency and the additional cost of services provided to each Agency, and; E. WHEREAS the Agencies have used and are committed to owning and using certain regional Facilities located in the City of San Carlos, which are part of the San Mateo County Integrated Waste Management Plan, as approved by the California Integrated Waste Management Board; and F. WHEREAS the ownership and use of these regional Solid Waste Facilities provides economic benefits to the ratepayers of the Agencies; and G. WHEREAS the California Integrated Waste Management Act(CIWMA)(California Public Resources Code, §40000 et seq.) requires that the Agencies reduce by fifty(50)percent the amount of Solid Waste they landfill by the end of the year 2000; and H. WHEREAS the CIWMA requires that the Agencies prepare, adopt, and implement source reduction and recycling elements to meet the fifty(50)percent reduction goal; and I. WHEREAS the Agencies intend to coordinate their efforts to produce and share Solid Waste, Recyclable Material and Plant Material reports, including program and operational information derived from the operation of regional Facilities, as required by California Public Resources Code, §40000 et seq.; and J. WHEREAS each Agency has the authority to regulate their Solid Waste, Recyclable Material, and Plant Material, stream, including the Collection, Transfer, Transportation, and Processing thereof, and has the authority to establish rates for the conduct of such functions; and K. WHEREAS Solid Waste from each Agency is landfilled at the Ox Mountain Sanitary Landfill located off State Highway 92, approximately two miles east of Half Moon Bay; and JPA First Stated Amendment-draft.doe Page 1 of 23 Draft showing deletions (strike-out) and additions (underline) L. WHEREAS in the absence of a regional Solid Waste Transfer Facility, Solid Waste Collectors would individually have to travel to Ox Mountain to dispose of Solid Waste, which would increase (a) driving distances and times, (b)the size and cost of the Collection vehicles, (c) traffic and congestion on the highways, and (d) the wear and tear on the highways; altogether which would increase the costs to Solid Waste Collection ratepayers; and M. \R/HERFE A S the A gene es desire to aet in the publie intefest to fedtlee the need for- > > > and Disposal rate iner-eases and M. WHEREAS each Agency has been a member of the South Bayside Transfer-ct., Waste Management Authority(SBTSA) SBWMA under an agfeement a Joint Exercise of Powers Agreement dated une 22, 1982 December 9, 1999, and has since enjoyed the benefits of such membership, and in accordance with the terms of that agreement has directed its Solid Waste to be Processed at the regional Facility; and N. WHEREAS modifying the method of Solid Waste, Recyclable Material, and Plant Material, Collection, Transfer and Transportation Processing and Disposal could cause disruptions in service to the ratepayers; and O. WHEREAS California Government Code §6500 et seq. (Joint Exercise of Powers Act) permits two or more public agencies to create joint powers authorities for the purposes cited herein, and permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities; and P. WHEREAS the Agencies' use of regional Solid Waste, Recyclable Material and Plant Material Collection and Processing Facilities under the SBTSA SBWMA provides a proven history of economic and environmental benefits to its users; and Q. WHEREAS the parties to this Agreement wish to continue to possess ownership over these regional Solid Waste Facilities; and R. WHEREAS each Agency has the individual power to plan, acquire, construct, manage, regulate, operate, and control Facilities and operations for the Collection, Transfer, and Transportation, Processing, and Disposal of Solid Waste, Recyclable Material, and Plant Material generated within its jurisdictional boundaries, as well as to create and issue Franchise agreements for such activities; and S. WHEREAS the Agencies :,,toad to issue have issued Revenue Bonds to pay for the purchase of these Facilities in March 2000; NOW, THEREFORE BE IT RESOLVED that the Agencies do hereby establish the South Bayside Waste Management Authority for the purpose of owning, financing, administering, and operating regional Facilities and for administering rates for Solid Waste and diversion programs and do hereby agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit C to this Agreement,which is attached hereto and incorporated by reference. ARTICLE 2. PURPOSE JPA First Stated Amendment-draft.doc Page 2 of 23 Draft showing deletions (strike-out) and additions (underline) 2.1 Purpose. This Agreement is entered into pursuant to the Act to provide for the exercise of powers as provided therein, and to provide for the joint exercise of certain powers common to the Agencies. The purpose of this Agreement is to provide for the joint ownership, financing, administration, and operation of the Facilities, and for the joint planning, adoption, financing, administration, management, review, monitoring, enforcement, and reporting of Solid Waste, Recyclable Material, and Plant Material Collection activities in the Service Area. By entering this joint powers authority, the Agencies earn economic benefits not realized when using alternate means of Transferring and Transportation Processing of Solid Waste, Recyclable Material and Plant Materials and Disposal of Solid Waste. Further, the establishment of this joint powers authority provides for the economic viability and utilization requirement of the Facilities. ARTICLE 3. CREATION OF AUTHORITY 3.1 Creation. Pursuant to the Act, the Agencies hereby create and establish a public entity to be known as the "South Bayside Waste Management Authority" (SBWMA). 3.2 Separate Entity. The SBWMA shall be a public entity separate from the Agencies, and separate from the SBTSA. 3.3 Assets, Rights, and Liabilities. The assets, rights, debts, liabilities, and obligations of the SBWMA shall not constitute assets, rights, debts, liabilities, or obligations of any of the Agencies or the SBWMA. However, nothing in this Agreement shall prevent any Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of the SBWMA, provided that both the Board and that Agency approve such contract or assumption. ARTICLE 4. TERM 4.1 Effective Date. This First Amended Agreement shall be dated as of, and become effective on, the date of its execution by the last of the Founding Members (Effective Date). 4.2 Term. This Agreement shall continue at least until December 31, 2019, or such further period of time necessar to o repay any revenue bonds issued by the SBWMA, and thereafter shall continue until terminated or dissolved by a vote taken in accordance with Section 10.8 of this Agreement. However, in no event shall the Members vote to terminate or dissolve the SBWMA if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation by or on behalf of the SBWMA, including, without limitation, indentures, resolutions, and letter of credit agreements. ARTICLE 5. BOUNDARIES 5.1 Service Area. The SBWMA shall exercise its powers within its Service Area boundaries, as they may change from time to time. The Service Area shall be the consolidated boundaries of the Agencies as defined in Exhibit C. If an Agency withdraws from the SBWMA, the boundary of the SBWMA shall be modified to exclude the area of the withdrawing Agency. Such withdrawal and redrawing of boundaries shall not prevent any Facilities from being located outside of the boundary of the SBWMA. ARTICLE 6. MEMBERSHIP REQUIREMENTS OF SBWMA 6.1 Required Powers. Each Member of the SBWMA must at all times have the following powers: JPA First Stated Amendment-draft.doc Page 3 of 23 Draft showing deletions (strike-out) and additions (underline) a. The authority to grant Solid Waste Collection Franchises. b. The authority, commitment, and agreement to direct the flow of Solid Waste, Recycling and Plant Material generated within the Member's respective jurisdiction to those Facilities specified by the SBWMA, except as provided in Sections 2.08 and 2.09 of the Uniform Franchise Agreement, Exhibit D hereto, for a period of time which shall minimally be until December 31, 2019, or such further period of time necessary to repay eei4ain a_y revenue bonds to--be issued by the SBWMA to ^ e the Faei ties C. The authority to set rates sufficient to provide for the financing and operation of the SBWMA Facilities. d. The authority, by law, to enter into this Joint Powers Agreement (JPA). 6.2 Founding Members. A Founding Member of the SBWMA shall be one who joins has 'oil ned on the formation of the SBWMA December 9, 1999. Founding Members shall be are listed as such in Exhibit A and B hereto. 6.3 Membership. A Member shall, on joining the SBWMA, elect whether to be an Equity Member or a Non Equity Member. a. An Equity Member shall have all of the rights and liabilities of a Member of the SBWMA. An Equity Member shall be a Founding Member who, on joining, elects to be an Equity Member, and shall include a New Member who agrees to pay the equity equalizing fees and payments imposed as a condition of membership. Only an Equity Member shall have the right to vote on any matter before the Board and on any matter to be voted on by a Member except as provided in Section 6.3(b). b. A Non Equity Member shall not be required to pay an equity equalizing payment, and shall not have the rights and liabilities of Equity Members, particularly under Section 15 Withdrawal and Section 16 on Termination of the JPA. The Non Equity Member shall, however, direct its flow of Solid Waste, Recyclable Material and Plant Material to the Facilities subject to the exception in Exhibit D hereto, and comply with the terms of the JPA with respect to the flow of Solid Waste, Recyclable Material and Plant Material. The Non Equity Member shall be entitled to participate in Board Meetings and activities, and receive all notices and information. However, it shall not be entitled to vote on any matter before the Board, or on any other matter unless the right to vote is expressly provided for the Non Equity Member. C. Exhibit A hereto shall designate Equity Members and Exhibit B shall designate Non Equity Members. 6.4 All Members. Equity Members and Non-Equity Members shall, during the term of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material and Plant Material to the Facilities. Any diseontintianee of use of the Faeilities inwhole or in paf4, shall be applied equally to all,,, mber-^ 6.c All Ahem.,.. With respect to the Uniform Franchise Agreement all Equity and Non-Equity Members shall have the right to participate in Board deliberations and negotiations and to vote on all matters, including rates, that are contained therein. JPA First Stated Amendment-draft.doc Page 4 of 23 Draft showing deletions (strike-out) and additions (underline) ARTICLE 7. POWERS 7.1 SBWMA Powers The SBWMA is authorized,but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations: a. Acquire, construct, finance, refinance, operate,regulate, and maintain Facilities. b. Acquire, improve, hold, lease, and dispose of real and personal property of all types. C. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant Material Transfer, Transport and Processing Facilities. d. Plan, study, and recommend proper and appropriate Solid Waste Recyclable Material and Plant Material Transfer, Transport and Processing management practices. Research and study issues related to Solid Waste generation, Collection, Transfer, Processing, Diversion, and Disposal, including but not limited to source reduction, re-use, Recycling, and recovery. e. Resolve disputes between the public and any entities providing Solid Waste, Recycling Material and Plant Material Transfer, Transportation and Processing services. f. Plan, design, and implement programs that address CIWMA transfer, processing and diversion requirements. g. Educate the public as to Solid Waste, Diversion and Recycling matters. h. Provide for or enter into agreements to provide for financial, engineering, legal, audit, and any other professional services supporting any of the SBWMA's programs including, but not limited to, Solid Waste, Recyclable Material and Plant Material Transfer, Transport and Processing Facility operations and Disposal. Such agreements can be made with any Person, including any Member. i. Apply for, accept, and receive grants, gifts, donations, advances, and contributions. j. Hire agents and employees. k. Sue and be sued in its own name. 1. Incur and discharge debts, liabilities, and obligations. in. Issue bonds or notes and associated covenants, for designated purposes, subject to the provisions and limitations of the California Government Code. n. Issue and receive loans. o. Establish rates and fees at Solid Waste, Recyclable Material and Plant Material Transfer, Transport and Processing Facilities. p. Require Members to pass-through the cost of the SBWMA's operations to the rates assessed on Facility users. q. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement. r. Enter into Franchise Agreements for use of the Transfer Station and pay a Franchise fee. S. Require Members to direct all of their Solid Waste, Recyclable Materials and Plant Materials generated and Collected by Collectors within their respective boundaries to the Facilities, except as provided in Exhibit D hereto. JPA First Stated Amendment-draft.doc Page 5 of 23 Draft showing deletions (strike-out) and additions (underline) 7.1.1 The following powers require the approval of two-thirds of the Members as would be required under Article 17 for an amendment to this JPA Agreement: a. Acquisition of real property b. Disposal or transfer of any interest in real property C. Entering into or amending Franchise Agreements for the operation of the Facilities d. Issuance of bonds or notes, or the refinance of such bonds or notes. ARTICLE 8. GOVERNANCE 8.1 Board of Directors The SBWMA is shall be governed and administered by a Board of Directors composed of one Director from each Member. The Board shall exercise all powers and authority on behalf of the SBWMA. Each Member must select its Director or the Director's designee alternate from among the following positions, or-their-designate: a. County, District, City, or Town Manager or the equivalent position b. County, District, City, or Town Assistant Manager or the equivalent position C. Finance Director or Assistant Finance Director or the equivalent position d. Public Works Director or Assistant Public Works Director or Environmental Programs Manager or the equivalent position. 8.2 Tenure. Each Director shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by the Member. 8.3 Compensation Directors shall receive no compensation from the SBWMA for serving on the Board. The SBWMA may reimburse Directors for reasonable expenses necessarily incurred on the Board's behalf, with prior approval of the Board. 8.4 Member Mergers. If any Member merges with another public entity, the successor public entity shall have one (1) Director position on the Board. 8.5 Chair. The Di-eeta f f.,,,,.., the City o f San G,,fles is the Chair- of the B,,.,,.a and shall se without eo exeept that if the City of San Cafles withdfa-ws from the SBAWMA, the The Board shall annually select a Chair, by a vote taken in accordance with Section 10.8 of this Agreement, who woul shall serve without compensation at the pleasure of the Board. The duties of the Chair include, but are not limited to the following: a. Administers any and all meeting agendas, ineluding eemplianee with not,,.,ciel-iicr c9-aitileeatio and meeting Teyided undef C�femi � irgTcc�j'n'-'rrr cmrSTrr�-asP r_,,.,o,-.- tient Code §54950 54962 (B-,,wn Aet) a. Conducts Board meetings. e. Causes aeetifate mintites and reeor-ds to be taken of all m_e­.n,-,sT ifl. eor-d�Ee-with-Cali€e 1 ut t lifnited ��,� actor vsiriirzird��,-H3C rixvc-rrmirccr vmTa Govemment Code §54957.2 et seq. b. Review and set meeting agendas with the Executive Director. b. Deeides issues of vetes-. fl. Managesany andall SBWN4A eentr-aets-er agreeme}* ,inel tnot limited t,. the>~aeil;ties operating „t s Apprevesany and all S133AIMA p een efmanee with Bear-d- C. Signs any and all SBWMA official documents. JPA First Stated Amendment-draft.doc Page 6 of 23 Draft showing deletions (strike-out) and additions (underline) 8.6 Vice Chair. The Board shall annually select a Vice Chair, by a vote taken in accordance with Section 10.8 of this Agreement, who serves without compensation at the pleasure of the Board. The Vice Chair shall act in the absence of the Chair, with full powers of the Chair. 8.7 Finance Director. The Board shall select, by a vote taken in accordance with Section 10.8 of this Agreement, a Finance Director from one of the Members to be Finance Director for the SBWMA, who serves without eampensatie at the pleasure of the Board. The duties of the Finance Director include, but are not limited to the following, all in accordance with prudent financial management and California law, including but not limited to California Government Code §6505 et seq.: a. Reports to the Chair on any and all SBWMA financial matters. b. Serves as the SBWMA's treasurer and controller. C. Receives and accounts for any and all SBWMA revenues. d. Makes any and all SBWMA investments using sound and prudent investment practices. e. Disburses and accounts for any and all SBWMA funds. f. Issues or causes to be issued all Revenue Bond payments, according the to payment schedule as part of the Revenue Bonds. g. Maintains any and all reserves, as may be required by the Revenue Bonds or any other instruments. h. Prepares, within one hundred twenty (120) days after the close of each Fiscal Year, an annual financial report reflecting SBWMA financial activity, including activity associated with the operations of the Facilities, whether such operation is performed by the SBWMA directly or is contracted. i. Prepares other financial statements and reports for the SBWMA, as needed. j. Causes the annual financial report to be audited by an independent Certified Public Accountant(CPA) currently licensed to practice in the State of California. k. Presents the audit report, including the associated management letter, to the Board at the first scheduled Board meeting subsequent to the release of the audit report. 8.8 Other Officers. The Board may create or eliminate other officers not specifically mentioned in Sections 8.5-8.7 of this Agreement from time to time, as the Board deems necessary, upon majority vote. Such officers shall serve without compensation. 8.9 Employee Status. None of the officers, agents, or employees employed or hired by the SBWMA shall by reason thereof become officers, agents, or employees of any Member. The SBWMA may contract with any Member for any services, upon a vote in accordance with Section 10.8 of this Agreement; however, none of the Persons whose services are supplied by a Member shall by reason thereof become an employee of the SBWMA. 8.10 Executive Director. The position of Executive Director is created. The Executive Director is appointed by the Board and serves at the will of the Board. The duties of the Executive director include, but are not limited to the following: a. Administers any and all meeting agendas, including compliance with noticing requirements and meeting locations, as provided under California Government Code 04950-54962 (Brown Act). b. Causes accurate minutes and records to be taken of all meetings in accordance with California law, including but JPA First Stated Amendment-draft.doc Page 7 of 23 Draft showing deletions (strike-out) and additions (underline) not limited to California Government Code §54957.2 et C. Has authority to appoint, remove, promote, demote, supervise and determine compensation of any and all SBWMA employees in accordance with Board approved salary ranges. d. Manages any and all SBWMA contracts or agreements, including but not limited to, the Facilities operating agreement. e. Approves any and all SBWMA payments in conformance with Board approved appropriations. f. Attends all Board meetings. g. Prepares and submits to the Board an annual budget. h. Performs such other duties as the Board shall require. 8.10.1 The Executive Director shall be bonded with a corporate surety to be approved by the Board. 8.10.2 The Executive Director shall receive such compensation as the Board shall from time to time determine. ARTICLE 9. VACANCIES 9.1 Director Vacancies. Should a vacancy occur on the Board due to the separation from service by a Director from a Member, the person who is acting in the capacity of the former Director with the Member shall temporarily assume the duties of the former Director until such time as the Member appoints a permanent Director. Such temporary Director shall have the full powers and authority of a permanent Director. 9.2 Officer Vacancies. Should a vacancy occur among any officer authorized in Article 8 of this Agreement, the Board shall elect a new officer at its next scheduled Board meeting. ARTICLE 10. MEETINGS 10.1 Regular Meetings The Board shall schedule by Resolution a4 least twe (2) regular regular monthly meetings during each Fiscal Year. 10.2 Special Meetings Special meetings of the Board may be called in accordance with provisions of the California Government Code §54956. 10.3 Notice of Meetings All meetings of the Board shall be held subject to the provisions of California Government Code §54950-54962 (Brown Act) and other applicable laws of the State of California. 10.4 Meeting Location. All meetings of the Board must be held within the Service Area at a location determined by the Chair, except that the Board may hold a special meeting outside the Service Area upon an affirmative vote in accordance with Section 10.8 of this Agreement. 10.5 Minutes The Chair shall cause the taking and keeping of minutes of all Board meetings. Promptly after each meeting, the Chair shall cause a copy of the minutes to be forwarded to each Director, either electronically or in paper form. 10.6 Quorum A majority of the Directors shall constitute a quorum for the transaction of business of the Board, except that Directors constituting less than a quorum may adjourn any meeting. JPA First Stated Amendment-draft.doc Page 8 of 23 Draft showing deletions (strike-out) and additions (underline) 10.7 Voting Rights. Each Member is entitled to cast one vote on any matter presented to the Board for a vote. 10.8 Voting Requirement. The vote of two thirds (2/3) of the Directors present shall constitute the act of the Board, unless otherwise provided in this Agreement. 10.9 Conduct of Meetings. Meetings of the Board shall be conducted by the Chair, or in the Chair's absence by the Vice Chair. In the absence of both the Chair and the Vice Chair, meetings shall be conducting by the Director in attendance who represents the largest Member, by population. ARTICLE 11. BYLAWS 11.1 Bylaws. The Board from time to time may adopt and amend bylaws for the conduct of its affairs, provided that they are consistent with this Agreement and are necessary and appropriate in order to carry out the SBWMA's purpose. ARTICLE 12. FUNDING 12.1 Debts and Liabilities. The SBWMA's debts, liabilities, and obligations shall not be debts, liabilities, or obligations of any of the Members, and each Member's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the Members hereto may agree. 12.2 SBWMA Activities. Unless otherwise authorized by the Board, all costs associated with SBWMA activities shall be paid by the Facilities' users. The SBWMA shall be solely responsible for determining the amount of any charge to recover these pass-through costs. The Members hereby agree to pass any such charge as approved by the SBWMA, to users as part of the Solid Waste, Recyclable Material and Plant Material and Transfer and Transport and Processing rate, without reduction, limitation, offset, or adjustment of any kind. 12.3 SBWMA Records and Accounts. The Finance Director shall maintain accurate and correct books of account showing in detail revenues and expenditures, together with supporting documentation including, but not limited to, receipts, invoices, and vouchers for SBWMA financial transactions. 12.4 Facilities Records and Accounts. The Finance Director shall maintain or cause to be maintained accurate and correct books of account of the Facilities' operations showing in detail revenues and expenditures, together with supporting documentation including, but not limited to, receipts, invoices, and vouchers. 12.5 Revenue Bond Payments. The revenue stream pledged to the Revenue Bonds may in no way be used for any purpose other than to make payment on the indebtedness associated with those bonds. Such revenues are not in any way considered revenues to the Agencies, and may not be used for any other purpose unless and until such Revenue Bonds are defeased or repaid in full. 12.6 Franchise Fee Payments. Monthly, SBWMA shall distribute to the City of San Carlos, from funds received from Contractor, one twelfth (1/12th) of the annual franchise fee agreed to by the SBWMA and the City of San Carlos for the operation of the Facilities. 12.7 Priority of Distribution of Funds Received by SBWMA. Monthly, the SBWMA shall receive funds from the Contractor of the Facilities under Section 6.04 of the Agreement for the Operation of the South Bayside Waste Management Authority's Transfer Station and Recyclery. The SBWMA shall distribute the funds received in accordance with the following priority: a. Debt Service Payments. b. Contributions to Reserves. JPA First Stated Amendment-draft.doc Page 9 of 23 Draft showing deletions (strike-out) and additions (underline) C. Management Costs. d. Payment of Franchise Fees to the City of San Carlos. e. Such other distribution as authorized by the Board. ARTICLE 13. SBWMA ADMINISTRATION POWERS 13.1 Assertion of Authority. The Members shall not engage in any action that would duplicate, circumvent, by-pass, or supersede the SBWMA's powers, as expressed in this Agreement. 13.2 Facility Operator. The Members agree that the SBWMA shall have sole authority to operate or contract for the operation of the Facilities, and have sole authority to direct the delivery of all or a portion of each Member's Solid Waste, Recyclable Material, and Plant Material to the Facilities, except as provided in Exhibit D hereto. No Member shall take any action in any manner, inconsistent with the terms of this Agreement. 13.3 Operating Records. The SBWMA will cause the Facilities' Contractor to maintain accurate, timely, and complete records of operations at the Facilities, as necessary to comply with any CIWMA or other State requirements, or this Agreement. 13.4 Operations Reporting. The SBWMA shall cause the Facilities' Contractor to compile information and report on any of its Facilities operations, in accordance with the CIWMA and this Agreement. 13.5 Solid Waste Reporting. The SBWMA shall cause the Facilities' Contractor to compile and report to the CIWMA and other State of California agencies data on Solid Waste accepted at the Facilities, all on behalf of the Members. 13.6 Require Compliance with Laws. The SBWMA shall require the Facilities Contractor to operate said Facilities in compliance with all Federal, State, and local laws, Environmental Laws, guidelines, and regulations, as may exist, or as may exist from time to time. 13.7 Bond Payment Review. The SBWMA shall at least annually review the Revenue Bond payment history and payment projections to the end of bond repayment. 13.8 Bond Management. The SBWMA shall periodically consider defeasing the Revenue Bonds and refinancing any existing debt to the economic benefit of the Members, as market conditions allow. 13.9 Bond Reserves The SBWMA shall maintain at least the minimum reserve fund requirements specified in the Revenue Bond covenants. 13.10 Asset Reserves. The SBWMA shall establish and maintain an asset replacement reserve fund at a level at least adequate to finance appropriate and ordinary asset replacement at the Facilities. 13.11 Annual Inspection. At least annually, the SBWMA shall inspect or cause to be inspected by a qualified and licensed civil engineer all of its Facilities, including all property, land, equipment, and other items owned by the SBWMA. 13.12 Attributing Solid Waste. The SBWMA shall establish a fair and equitable method of attributing Solid Waste, Recyclable Materials and Plant Materials to the Members that are delivered to the Facilities. 13.13 Miscellaneous. The SBWMA may operate programs, conduct analyses, and perform studies from time to time, all in support of the purposes under this Agreement, as the Board so approves. JPA First Stated Amendment-draft.doc Page 10 of 23 Draft showing deletions (strike-out) and additions (underline) 13.14 Member Cooperation. Members agree to cooperate in the accumulation of information supporting goals approved by the Board, as provided in this Agreement. ARTICLE 14. PENALTIES 14.1 Apportionment of Penalties. Any penalties assessed by regulatory authorities against the SBWMA shall be paid by the SBWMA. ARTICLE 15. WITHDRAWAL FROM SBWMA 15.1 Withdrawal Conditions. A Member may not withdraw from the SBWMA unless and until that Member achieves the following: a. The liquidation in full of its proportion of any and all existing debts, obligations, and liabilities incurred, earned, or expected to be earned by the date of withdrawal, including but not limited to the Revenue Bonds, as determined by the Board. b. The provision to the SBWMA of a written notice of intent to withdraw from the SBWMA at least six (6) months prior to the end of the current Rate Year, specifying the date on which the Member intends to withdraw. C. The approval of such withdrawal by a 4/5 affirmative vote of Equity Members. ARTICLE 16. TERMINATION 16.1 Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter "Termination Date"), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following: a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency. b. If there is no successor public agency that would conduct the SBWMA's activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ratepayers' total contribution during the Term of this Agreement. A reference to ratepayers' contribution means payment of Collection fees under each jurisdiction's respective Uniform Franchise Agreement. C. If there is a successor public agency that would conduct some of the SBWMA's activities, then the Board shall allocate the SBWMA's assets and liabilities between the successor public agency and the Members. In this case, the Members' portion of the allocation shall be allocated based on Section 16.1(b). d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final. e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the JPA First Stated Amendment-draft.doc Page 11 of 23 Draft showing deletions (strike-out) and additions (underline) event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date. f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1. ARTICLE 17. AMENDMENTS 17.1 Amendment Requirements. Subject to all legal obligations of the SBWMA, this Agreement may be amended by one or more supplemental agreements executed by a vote of two thirds (2/3) of all Equity and Non-Equity Members of the SBWMA. 17.2 Signature Requirements. Signatures shall not be required on any effective amendment by those Members, if any, whose Directors did not approve the amendment; however, such Members shall nonetheless be bound by the amendment as if it were approved by all Members. ARTICLE 18. FILINGS 18.1 Filing with Secretary of State. The Chair shall cause to be filed all required notices with the California Secretary of State, in accordance with California Government Codes §6503.5 and 53051. ARTICLE 19. NOTICES 19.1 Notices to Agencies. All notices to the Agencies shall be deemed to have been given to the Agencies when mailed, postage prepaid by United States mail, or when hand delivered to the governing body of each Agency during usual business hours at the principal office, or to the person apparently in charge of that office. 19.2 Notices to SBWMA. All notices to the SBWMA shall be deemed to have been given to the SBWMA when mailed, postage prepaid by United States mail, or when hand delivered to each of the Chair, Vice Chair, and Finance Director of the SBWMA during usual business hours at the principal office, or to the Person apparently in charge of that office. ARTICLE 20. SUCCESSORS AND ASSIGNMENTS 20.1 Assignments. This Agreement shall be binding upon and shall inure to the benefit of the successors of any Member. No Member may assign any right or obligation hereunder without the written consent of all other Members. ARTICLE 21. SEVERABILITY 21.1 Severability If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected. ARTICLE 22. ARTICLE HEADINGS JPA First Stated Amendment-draft.doc Page 12 of 23 Draft showing deletions (strike-out) and additions (underline) 22.1 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement. THEREFORE THE AGENCIES LISTED IN EXHIBITS A AND B HERETO AND EXECUTING THIS AGREEMENT BY SIGNING EITHER AS AN EQUITY MEMBER IN EXHIBIT A OR NON EQUITY MEMBER IN EXHIBIT B HEREBY ENTER INTO THIS AGREEMENT. JPA First Stated Amendment-draft.doc Page 13 of 23 Draft showing deletions (strike-out) and additions (underline) EXHIBIT A EQUITY MEMBERS TOWN OF ATHERTON CITY OF BELMONT BY: BY: TITLE: TITLE: CITY OF BURLINGAME CITY OF EAST PALO ALTO BY: BY: TITLE: TITLE: CITY OF FOSTER CITY TOWN OF HILLSBOROUGH BY: BY: TITLE: TITLE: CITY OF MENLO PARK CITY OF REDWOOD CITY BY: BY: TITLE: TITLE: CITY OF SAN CARLOS CITY OF SAN MATEO BY: BY: TITLE: TITLE: WEST BAY SANITARY DISTRICT COUNTY OF SAN MATEO BY: BY: TITLE: TITLE: JPA First Stated Amendment-draft.doc Page 14 of 23 Draft showing deletions (strike-out) and additions (underline) EXHIBIT B NON EQUITY MEMBERS NONE JPA First Stated Amendment-draft.doc Page 15 of 23 Draft showing deletions (strike-out) and additions (underline) EXHIBIT C DEFINITIONS Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below in this Exhibit C. Act "Act"means the California Joint Exercise of Powers Act(California Government Code Section 6500 et. seq.). Agency/Agencies "Agency/Agencies"means the public entities which are or have been Members of the SBTSA and/or the SBWMA. Agreement "Agreement"means this joint exercise of powers agreement, as it may be amended from time to time. Board "Board"means the governing Board of Directors of the SBWMA, comprising one Director from each of the Members, as described in Article 8 of this Agreement. Chair "Chair"means the SBWMA Chair of the Board, as described in Section 8.5 of this Agreement. CIWMA "CIWMA"means the California Integrated Waste Management Act of 1989 (California Public Resources Code, §40000 et seq.), and all regulations adopted under that legislation, as that legislation and those regulations may be amended from time to time. CIWMA Board "CIWMA"means the California Integrated Waste Management Board, created under the provisions of the CIWMA,whose duties include implementing the CIWMA. Collect/Collection "Collect/Collection"means to take physical possession, transport and remove Solid Waste, Recyclable Materials and Plant Materials within and from the Service Area. Collector "Collector"means a private organization which holds a franchise from an Agency for Solid Waste Collection. Contractor "Contractor" shall mean the entity the SBWMA contracts with to operate the Facilities. County "County"means the County of San Mateo, California. JPA First Stated Amendment-draft.doc Page 16 of 23 Draft showing deletions (strike-out) and additions (underline) Director "Director"means the appointed representative from each Member who serves on the governing Board of Directors. Disposal "Disposal"means the ultimate disposition of Solid Waste received by Collector at a landfill in Full Regulatory Compliance. Diversion "Diversion"means the separation of materials from the overall Solid Waste stream and whose disposition is for reuse or Recycling and not landfill disposal. Effective Date "Effective Date"means the effective date of this Agreement, which is December 9, 1999, as provided in Section 4.1. Environmental Laws "Environmental Laws"means all federal and state statutes; and all county, local, and Agency ordinances concerning public health, safety, and the environment including,by way of example and not limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.;the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. Executive Director "Executive Director"means the person appointed by the Board as the executive officer and director of the SBWMA. Facility/Facilities "Facility/Facilities"means any plant or site, existing or planned, owned or leased, and constructed,maintained, operated, or used for purposes of performing under this Agreement. As of the Effective Date, the Facilities are: the San Carlos Transfer Station and the San Mateo Recyclery, located at 225,229, and 333 Shoreway Road, in San Carlos, California. Fiscal Year "Fiscal Year"means the period commencing on each July 1 and ending on the following June 30. Founding Member JPA First Stated Amendment-draft.doc Page 17 of 23 Draft showing deletions (strike-out) and additions (underline) "Founding Member"means any one of the public entities listed in Exhibit A and B attached hereto. Franchise "Franchise"means the special right granted by the Agencies to operate a public utility for Solid Waste Collection and Processing services within the Service Area. Full Regulatory Compliance "Full Regulatory Compliance"means compliance with all applicable permits for a Facility such that the Contractor will at all times maintain the ability to fully comply with its obligations under this Agreement. Legislation "Legislation"means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation. Member "Member"means any one of the public entities listed in Exhibit A(Equity Members) or Exhibit B (Non Equity Members) attached hereto, and any public entity that becomes a New Member in accordance with Section 6.3 of this Agreement. Person "Person"means any individual, firm, association, organization,partnership, corporation,business trust,joint venture, special purpose district, town, city, county, state, or the United States. Plant Materials "Plant Materials"means a subset of Recyclable Materials consisting of grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees (not more than six [6] inches in diameter), and similar organic materials generated at residential commercial, industrial and institutional properties within the Service Area, separated and set out for Collection, processing, and Recycling. Plant Materials does not include materials not normally produced from gardens or landscapes, such as,but not limited to, palm fronds, brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic wastes and oil. Diseased plants and trees are also excluded from Plant Materials. Process/Processing "Process/Processing"means the Recycling, reuse,reformation, reconstituting, or otherwise manipulation of Solid Waste in preparation for its ultimate use or disposal. Rate Year "Rate Year"means the period commencing on January 1 and ending on the following December 31. Recyclable Materials JPA First Stated Amendment-draft.doc Page 18 of 23 Draft showing deletions (strike-out) and additions (underline) "Recyclable Materials" means discarded materials that are re-used, re-manufactured or processed. Recycling "Recycling"means the process of collecting, sorting, cleansing, treating and reconstituting discarded materials which meet the quality standards necessary to be re-used, re-manufactured or processed. The Collection, transportation or disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Revenue Bonds "Revenue Bonds"means those certain revenue bonds titled"South Bayside Waste Management Authority(San Mateo County, California) Solid Waste System Revenue Bonds, Series 2000," and issued in the amount of$20,090,000 on March 1, 2000. SBWMA "SBWMA"means the South Bayside Waste Management Authority, a joint powers authority created under Government Code §6500 et seq. by this Agreement. SBTSA "SBTSA"means the South Bayside Transfer Station Authority, a joint powers authority created in 1982. Service Area "Service Area"means the collective territory within, and, if applicable, outside the Member's boundaries with respect to which the Member exercises franchising authority for the Collection of Solid Waste, Recyclable Materials, and Plant Materials which territory is shown on a map on file in the office of the Chair, to which reference is hereby made for the description of said area. Solid Waste "Solid Waste"means all putrescible and nonputrescible solid, semisolid, and liquid wastes, as defined in California Public Resources Code S40191, as that section may be amended from time to time. For the purposes of this Agreement, "Solid Waste"does not include abandoned vehicles and parts thereof, Hazardous Waste or low-level radioactive waste, medical waste, Recyclable Materials, or Plant Materials. Term "Term"means the period of time specified in Article 4 of this Agreement. Transfer "Transfer"means the process of transferring Solid Waste from collection vehicles to transfer vehicles. Transport "Transport"means the transportation of Solid Waste in either collection or transfer vehicles. Uniform Franchise Agreement JPA First Stated Amendment-draft.doc Page 19 of 23 Draft showing deletions (strike-out) and additions (underline) "Uniform Franchise Agreement"means the franchise agreement negotiated by the SBWMA with BFI Waste Systems of North American, Inc. or its successor, for the Collection of Solid Waste, Recyclable Materials and Plant Materials in each Agency, as amended. JPA First Stated Amendment-draft.doc Page 20 of 23 Draft showing deletions (strike-out) and additions (underline) Exhibit D Exceptions to the SBWMA power to direct Members' Solid Waste, Recyclable Materials and Plant Materials to the Facilities. The following sections are excerpts from the Uniform Collection Agreement adopted by SBWMA member entities and details the exceptions to the SBWMA's power to direct Members' Solid Waste, Recyclable Materials and Plant Materials to the Facilities: 2.07 Scope of Franchise. Subject to Section 2.08, the Franchise granted to Contractor shall be exclusive for all Solid Waste, residential Recyclable Materials and residential Plant Materials generated in the Service Area, except where otherwise precluded by Federal, State and local laws and regulations or where other current programs provide for Collection and handling of Household Hazardous Waste. 2.08 Limitations to Scope. The Agreement for the Collection, transportation, processing, and Disposal of Solid Waste, residential Recyclable Materials, and residential Plant Materials granted to Contractor shall be exclusive except as to the following materials listed in this Section. The award of this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials and Plant Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from Agency which is otherwise required by law: A. Other recyclers shall maintain the right to charge a fee, to Collect without a fee, to accept donated Recyclable Materials and to pay the service recipient for Recyclable Materials for the Collection of Source Separated Recyclable Materials and Plant Materials from commercial, industrial, multi-family and institutional generators located in the Service Area. For the purposes of this Agreement, Source Separated loads are loads that consist of less than 10%by weight or volume of Solid Waste, whichever is less. It will be the responsibility of Contractor to provide enforcement of this provision. If Contractor can document that other recyclers are servicing Collection Containers that contain less than 90% Source Separated Recyclable Materials or Plant Materials, it shall report the location and the name of the recycler to the Agency and the SBWMAialong with Contractor's evidence of the violation of the exclusiveness of this Agreement. B. Solid Waste, Recyclable Materials and Plant Materials,which are removed from any Premises by the Waste Generator, and which are transported personally by the Owner or occupant of such Premises (or by his or her employees or a contractor whose removal of the Solid Waste, Recyclable Materials and/or Plant Materials are incidental to the service being performed C. Recyclable Materials and Plant Materials which are Source Separated at any Premises by the Waste Generator and donated to youth, civic, or charitable organizations; JPA First Stated Amendment-draft.doc Page 21 of 23 Draft showing deletions (strike-out) and additions (underline) D. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code; E. Plant Materials removed from a Premises by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service and for no additional or separate fee; F. Non-putrescible Waste from roll-off/debris boxes; G. Animal waste and remains from slaughterhouse or butcher shops for use as tallow; H. By-products of sewage treatment, including sludge, sludge ash, grit and screenings; and, Hazardous Waste and Designated Waste regardless of its source. This grant to Contractor of an exclusive right and privilege to Collect, transport, or process and dispose of Solid Waste, certain residential Recyclable Materials, and certain residential Plant Materials shall be interpreted to be consistent with state and federal laws, now and during the term of the Agreement, and the scope of this exclusive right shall be limited by applicable state and federal laws with regard to the matters contained in this Agreement.. In the event that future interpretations of current law or new laws, regulations, interpretations or trends limit the ability of Agency to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that Agency shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact to other services being provided as much as possible. 2.09 Additional Services and Modifications to Service 2.09.1 General. Agency may direct Contractor to perform additional services (including new diversion programs, billing services, etc.) or modify the manner in which it performs existing services. Pilot programs and innovative services which may entail new Collection methods, targeted routing, different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which Agency may direct. Contractor shall be entitled to an adjustment in its compensation in accordance with Article 6 for providing such additional or modified services. 2.09.2 New Diversion Programs. Contractor shall present, within 30 days of a request to do so by Agency, a proposal to provide additional or expanded diversion services. At a minimum, the proposal shall contain a complete description of the following: A. Collection methodology to be employed (equipment, manpower, etc.). B. Equipment to be utilized (vehicle number, types, capacity, age, etc.) JPA First Stated Amendment-draft.doc Page 22 of 23 Draft showing deletions (strike-out) and additions (underline) C. Labor requirements (number of employees by classification). D. Type of materials containers to be utilized. E. Provision for program publicity/education/marketing. F. Estimate of the tonnage to be diverted and the methodology for determining that diverted tonnage. G. Five-year projection of the financial results of the program's operations in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions, giving full effect to the savings or costs to existing services. 2.09.3 Agency's Right to Permit Others to Provide Services. Contractor acknowledges and agrees that Agency may permit other Persons besides Contractor to provide additional Solid Waste services not otherwise contemplated under Section 2.07 and 2.08 of this Agreement. If Contractor and Agency cannot agree on terms and conditions of such services in one hundred twenty(120) days from the date when Agency first requests a proposal from Contractor to perform such services, Contractor acknowledges and agrees that Agency may permit Persons other than Contractor to provide such services. JPA First Stated Amendment-draft.doc Page 23 of 23 First Amended and Restated Joint Exercise of Powers Agreement South Bayside Waste Management Authority This First Amended and Restated Joint Exercise of Powers Agreement is entered into this 17th day of January, 2006,pursuant to the provisions of the Joint Exercise of Powers Act (Title 1, Division 7, Article 1, §6500 et seq. of the California Government Code) relating to the joint exercise of powers among the County of San Mateo and those cities, and towns listed in Exhibit A and B, hereafter collectively called"Agencies." RECITALS A. WHEREAS the Agencies heretofore entered into a Joint Exercise of Powers Agreement on December 9, 1999 (the JPA Agreement). The JPA Agreement was first amended on June 4, 2002 to modify the definition of the Fiscal Year; and B. WHEREAS the Agencies are responsible for the health and safety of the citizens within their geographic boundaries; and C. WHEREAS the Agencies regulate Solid Waste, Recyclable Material, and Plant Material Collection in areas under their jurisdiction and award Franchises for Collection to private organization(s), herein called "Collector(s)"; and D. WHEREAS the Agencies find it in their mutual economic interest to address Solid Waste and Recycling issues on a regional level; and that the costs for planning and implementing Solid Waste and Recycling Programs will be based on a fair and equitable allocation system that considers the relative benefits to each Agency and the additional cost of services provided to each Agency; and E. WHEREAS the Agencies have used and are committed to owning and using certain regional Facilities located in the City of San Carlos, which are part of the San Mateo County Integrated Waste Management Plan, as approved by the California Integrated Waste Management Board; and F. WHEREAS the ownership and use of these regional Solid Waste Facilities provides economic benefits to the ratepayers of the Agencies; and G. WHEREAS the California Integrated Waste Management Act (CIWMA) (California Public Resources Code, §40000 et seq.) requires that the Agencies reduce by fifty (50)percent the amount of Solid Waste they landfill by the end of the year 2000; and H. WHEREAS the CIWMA requires that the Agencies prepare, adopt, and implement source reduction and recycling elements to meet the fifty(50) percent reduction goal; and I. WHEREAS the Agencies intend to coordinate their efforts to produce and share Solid Waste, Recyclable Material and Plant Material reports, including program and operational information derived from the operation of regional Facilities, as required by California Public Resources Code, §40000 et seq.; and J. WHEREAS each Agency has the authority to regulate their Solid Waste, Recyclable Material, and Plant Material stream, including the Collection, Transfer, Transportation, and Processing thereof, and has the authority to establish rates for the conduct of such functions; and Page 1 of 22 K. WHEREAS Solid Waste from each Agency is landfilled at the Ox Mountain Sanitary Landfill located off State Highway 92, approximately two miles east of Half Moon Bay; and L. WHEREAS in the absence of a regional Solid Waste Transfer Facility, Solid Waste Collectors would individually have to travel to Ox Mountain to dispose of Solid Waste, which would increase (a) driving distances and times, (b) the size and cost of the Collection vehicles, (c) traffic and congestion on the highways, and (d) the wear and tear on the highways; altogether which would increase the costs to Solid Waste Collection ratepayers; and M. WHEREAS each Agency has been a member of the South Bayside Waste Management Authority (SBWMA) under a Joint Exercise of Powers Agreement dated December 9, 1999, and has since enjoyed the benefits of such membership, and in accordance with the terms of that agreement has directed its Solid Waste to be Processed at the regional Facility; and N. WHEREAS modifying the method of Solid Waste, Recyclable Material, and Plant Material Collection, Transfer and Transportation Processing and Disposal could cause disruptions in service to the ratepayers; and O. WHEREAS California Government Code §6500 et seq. (Joint Exercise of Powers Act) permits two or more public agencies to create joint powers authorities for the purposes cited herein, and permits the agencies to exercise jointly any power that the public agencies could exercise separately, and further grants certain additional powers to such joint powers authorities; and P. WHEREAS the Agencies' use of regional Solid Waste, Recyclable Material and Plant Material Collection and Processing Facilities under the SBWMA provides a proven history of economic and environmental benefits to its users; and Q. WHEREAS the parties to this Agreement wish to continue to possess ownership over these regional Solid Waste Facilities; and R. WHEREAS each Agency has the individual power to plan, acquire, construct, manage, regulate, operate, and control Facilities and operations for the Collection, Transfer, and Transportation, Processing, and Disposal of Solid Waste, Recyclable Material, and Plant Material generated within its jurisdictional boundaries, as well as to create and issue Franchise agreements for such activities; and S. WHEREAS the Agencies have issued Revenue Bonds to pay for the purchase of these Facilities in March 2000; NOW, THEREFORE BE IT RESOLVED that the Agencies do hereby establish the South Bayside Waste Management Authority for the purpose of owning, financing, administering, and operating regional Facilities and for administering rates for Solid Waste and diversion programs and do hereby agree as follows: ARTICLE 1. DEFINITIONS 1.1 Definitions. Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified in Exhibit C to this Agreement, which is attached hereto and incorporated by reference. ARTICLE 2. PURPOSE Page 2 of 22 2.1 Purpose. This Agreement is entered into pursuant to the Act to provide for the exercise of powers as provided therein, and to provide for the joint exercise of certain powers common to the Agencies. The purpose of this Agreement is to provide for the joint ownership, financing, administration, and operation of the Facilities, and for the joint planning, adoption, financing, administration, management, review, monitoring, enforcement, and reporting of Solid Waste, Recyclable Material, and Plant Material Collection activities in the Service Area. By entering this joint powers authority, the Agencies earn economic benefits not realized when using alternate means of Transferring and Transportation Processing of Solid Waste, Recyclable Material and Plant Materials and Disposal of Solid Waste. Further, the establishment of this joint powers authority provides for the economic viability and utilization requirement of the Facilities. ARTICLE 3. CREATION OF AUTHORITY 3.1 Creation. Pursuant to the Act, the Agencies hereby create and establish a public entity to be known as the"South Bayside Waste Management Authority" (SBWMA). 3.2 Separate Entity. The SBWMA shall be a public entity separate from the Agencies, and separate from the SBTSA. 3.3 Assets, Rights, and Liabilities. The assets, rights, debts, liabilities, and obligations of the SBWMA shall not constitute assets, rights, debts, liabilities, or obligations of any of the Agencies or the SBWMA. However, nothing in this Agreement shall prevent any Agency from separately contracting for, or assuming responsibility for, specific debts, liabilities, or obligations of the SBWMA, provided that both the Board and that Agency approve such contract or assumption. ARTICLE 4. TERM 4.1 Effective Date. This First Amended Agreement shall be dated as of, and become effective on, the date of its execution by the last of the Founding Members (Effective Date). 4.2 Term. This Agreement shall continue at least until December 31, 2019, or such further period of time necessary to repay any revenue bonds issued by the SBWMA, and thereafter shall continue until terminated or dissolved by a vote taken in accordance with Section 10.8 of this Agreement. However, in no event shall the Members vote to terminate or dissolve the SBWMA if its termination or dissolution would conflict with or violate the terms or conditions of any bonds, financial instruments, or related documentation by or on behalf of the SBWMA, including, without limitation, indentures,resolutions, and letter of credit agreements. ARTICLE 5. BOUNDARIES 5.1 Service Area. The SBWMA shall exercise its powers within its Service Area boundaries, as they may change from time to time. The Service Area shall be the consolidated boundaries of the Agencies as defined in Exhibit C. If an Agency withdraws from the SBWMA, the boundary of the SBWMA shall be modified to exclude the area of the withdrawing Agency. Such withdrawal and redrawing of boundaries shall not prevent any Facilities from being located outside of the boundary of the SBWMA. ARTICLE 6. MEMBERSHIP REQUIREMENTS OF SBWMA 6.1 Required Powers. Each Member of the SBWMA must at all times have the following powers: Page 3 of 22 a. The authority to grant Solid Waste Collection Franchises. b. The authority, commitment, and agreement to direct the flow of Solid Waste, Recycling and Plant Material generated within the Member's respective jurisdiction to those Facilities specified by the SBWMA, except as provided in Sections 2.08 and 2.09 of the Uniform Franchise Agreement, Exhibit D hereto, for a period of time which shall minimally be until December 31, 2019, or such further period of time necessary to repay a_y revenue bonds issued by the SBWMA . c. The authority to set rates sufficient to provide for the financing and operation of the SBWMA Facilities. d. The authority, by law, to enter into this Joint Powers Agreement (JPA). 6.2 Founding Members. A Founding Member of the SBWMA shall be one who has joined on the formation of the SBWMA December 9, 1999. Founding Members are listed as such in Exhibit A and B hereto. 6.3 Membership. A Member shall, on joining the SBWMA, elect whether to be an Equity Member or a Non Equity Member. a. An Equity Member shall have all of the rights and liabilities of a Member of the SBWMA. An Equity Member shall be a Founding Member who, on joining, elects to be an Equity Member, and shall include a New Member who agrees to pay the equity equalizing fees and payments imposed as a condition of membership. Only an Equity Member shall have the right to vote on any matter before the Board and on any matter to be voted on by a Member except as provided in Section 6.3(b). b. A Non Equity Member shall not be required to pay an equity equalizing payment, and shall not have the rights and liabilities of Equity Members, particularly under Section 15 Withdrawal and Section 16 on Termination of the JPA. The Non Equity Member shall, however, direct its flow of Solid Waste, Recyclable Material, and Plant Material to the Facilities subject to the exception in Exhibit D hereto, and comply with the terms of the JPA with respect to the flow of Solid Waste, Recyclable Material, and Plant Material. The Non Equity Member shall be entitled to participate in Board Meetings and activities, and receive all notices and information. However, it shall not be entitled to vote on any matter before the Board, or on any other matter unless the right to vote is expressly provided for the Non Equity Member. c. Exhibit A hereto shall designate Equity Members and Exhibit B shall designate Non Equity Members. 6.4 All Members. Equity Members and Non-Equity Members shall, during the term of this Agreement, equally have the right to direct the flow of Solid Waste, Recyclable Material, and Plant Material to the Facilities. With respect to the Uniform Franchise Agreement all Equity and Non-Equity Members shall have the right to participate in Board deliberations and negotiations and to vote on all matters, including rates, that are contained therein. ARTICLE 7. POWERS 7.1 SBWMA Powers. The SBWMA is authorized, but is in no way required, to act in its own name on any or all of the following matters, as each Member could act separately, and as Page 4 of 22 it deems in the best interest of its Members, to the extent permitted by any and all applicable laws, codes, ordinances, resolutions and regulations: a. Acquire, construct, finance, refinance, operate, regulate, and maintain Facilities. b. Acquire, improve, hold, lease, and dispose of real and personal property of all types. c. Enter into agreements to operate Solid Waste, Recyclable Material, and Plant Material Transfer, Transport and Processing Facilities. d. Plan, study, and recommend proper and appropriate Solid Waste Recyclable Material and Plant Material Transfer, Transport and Processing management practices. Research and study issues related to Solid Waste Generation, Collection, Transfer, Processing, Diversion, and Disposal, including but not limited to source reduction, re-use, Recycling, and recovery. e. Resolve disputes between the public and any entities providing Solid Waste, Recycling Material, and Plant Material Transfer, Transportation and Processing services. f. Plan, design, and implement programs that address CIWMA transfer, processing and diversion requirements. g. Educate the public as to Solid Waste, Diversion, and Recycling matters. h. Provide for or enter into agreements to provide for financial, engineering, legal, audit, and any other professional services supporting any of the SBWMA's programs including, but not limited to, Solid Waste, Recyclable Material, and Plant Material Transfer, Transport and Processing Facility operations and Disposal. Such agreements can be made with any Person, including any Member. i. Apply for, accept, and receive grants, gifts, donations, advances, and contributions. j. Hire agents and employees. k. Sue and be sued in its' own name. 1. Incur and discharge debts, liabilities, and obligations. in. Issue bonds or notes and associated covenants, for designated purposes, subject to the provisions and limitations of the California Government Code. n. Issue and receive loans. o. Establish rates and fees at Solid Waste, Recyclable Material, and Plant Material Transfer, Transport and Processing Facilities. p. Require Members to pass-through the cost of the SBWMA's operations to the rates assessed on Facility users. q. Adopt, as authorized by California law, ordinances and resolutions necessary to carry out the purposes of this Agreement. r. Enter into Franchise Agreements for use of the Transfer Station and pay a Franchise fee. s. Require Members to direct all of their Solid Waste, Recyclable Materials and Plant Materials generated and Collected by Collectors within their respective boundaries to the Facilities, except as provided in Exhibit D hereto. Page 5 of 22 7.1.1 The following powers require the approval of two-thirds of the Members as would be required under Article 17 for an amendment to this JPA Agreement: a. Acquisition of real property b. Disposal or transfer of any interest in real property c. Entering into or amending Franchise Agreements for the operation of the Facilities d. Issuance of bonds or notes, or the refinance of such bonds or notes. ARTICLE 8. GOVERNANCE 8.1 Board of Directors. The SBWMA shall be governed and administered by a Board of Directors composed of one Director from each Member. The Board shall exercise all powers and authority on behalf of the SBWMA. Each Member must select its Director or the Director's designee alternate from among the following positions: a. County, District, City, or Town Manager or the equivalent position b. County, District, City, or Town Assistant Manager or the equivalent position c. Finance Director or Assistant Finance Director or the equivalent position d. Public Works Director or Assistant Public Works Director or Environmental Programs Manager or the equivalent position. 8.2 Tenure. Each Director shall hold office from the first meeting of the Board after appointment by the Member until his or her successor is selected by the Member. 8.3 Compensation. Directors shall receive no compensation from the SBWMA for serving on the Board. The SBWMA may reimburse Directors for reasonable expenses necessarily incurred on the Board's behalf, with prior approval of the Board. 8.4 Member Mergers. If any Member merges with another public entity, the successor public entity shall have one(1)Director position on the Board. 8.5 Chair. The Board shall annually select a Chair, by a vote taken in accordance with Section 10.8 of this Agreement, who shall serve without compensation at the pleasure of the Board. The duties of the Chair include,but are not limited to the following: a. Conducts Board meetings. b. Review and set meeting agendas with the Executive Director. c. Signs any and all SBWMA official documents. 8.6 Vice Chair. The Board shall annually select a Vice Chair, by a vote taken in accordance with Section 10.8 of this Agreement, who serves without compensation at the pleasure of the Board. The Vice Chair shall act in the absence of the Chair, with full powers of the Chair. 8.7 Finance Director. The Board shall select, by a vote taken in accordance with Section 10.8 of this Agreement, a Finance Director from one of the Members to be Finance Director for the SBWMA, who serves at the pleasure of the Board. The duties of the Finance Director include, but are not limited to the following, all in accordance with prudent financial management and California law, including but not limited to California Government Code §6505 et seq.: a. Reports to the Chair on any and all SBWMA financial matters. b. Serves as the SBWMA's treasurer and controller. c. Receives and accounts for any and all SBWMA revenues. Page 6 of 22 d. Makes any and all SBWMA investments using sound and prudent investment practices. e. Disburses and accounts for any and all SBWMA funds. f. Issues or causes to be issued all Revenue Bond payments, according to the payment schedule as part of the Revenue Bonds. g. Maintains any and all reserves, as may be required by the Revenue Bonds or any other instruments. h. Prepares, within one hundred twenty (120) days after the close of each Fiscal Year, an annual financial report reflecting SBWMA financial activity, including activity associated with the operations of the Facilities, whether such operation is performed by the SBWMA directly or is contracted. i. Prepares other financial statements and reports for the SBWMA, as needed. j. Causes the annual financial report to be audited by an independent Certified Public Accountant (CPA) currently licensed to practice in the State of California. k. Presents the audit report, including the associated management letter, to the Board at the first scheduled Board meeting subsequent to the release of the audit report. 8.8 Other Officers. The Board may create or eliminate other officers not specifically mentioned in Sections 8.5-8.7 of this Agreement from time to time, as the Board deems necessary, upon majority vote. Such officers shall serve without compensation. 8.9 Employee Status. None of the officers, agents, or employees employed or hired by the SBWMA shall by reason thereof become officers, agents, or employees of any Member. The SBWMA may contract with any Member for any services, upon a vote in accordance with Section 10.8 of this Agreement; however, none of the Persons whose services are supplied by a Member shall by reason thereof become an employee of the SBWMA. 8.10 Executive Director. The position of Executive Director is created. The Executive Director is appointed by the Board and serves at the will of the Board. The duties of the Executive director include,but are not limited to the following: a. Administers any and all meeting agendas, including compliance with noticing requirements and meeting locations, as provided under California Government Code §54950-54962 (Brown Act). b. Causes accurate minutes and records to be taken of all meetings in accordance with California law, including but not limited to California Government Code §54957.2 et seq. c. Has authority to appoint, remove, promote, demote, supervise, and determine compensation of any and all SBWMA employees in accordance with Board approved salary ranges. d. Manages any and all SBWMA contracts or agreements, including but not limited to, the Facilities operating agreement. e. Approves any and all SBWMA payments in conformance with Board approved appropriations. f. Attends all Board meetings. g. Prepares and submits to the Board an annual budget. h. Performs such other duties as the Board shall require. Page 7 of 22 8.10.1 The Executive Director shall be bonded with a corporate surety to be approved by the Board. 8.10.2 The Executive Director shall receive such compensation as the Board shall from time to time determine. ARTICLE 9. VACANCIES 9.1 Director Vacancies. Should a vacancy occur on the Board due to the separation from service by a Director from a Member, the person who is acting in the capacity of the former Director with the Member shall temporarily assume the duties of the former Director until such time as the Member appoints a permanent Director. Such temporary Director shall have the full powers and authority of a permanent Director. 9.2 Officer Vacancies. Should a vacancy occur among any officer authorized in Article 8 of this Agreement, the Board shall elect a new officer at its next scheduled Board meeting. ARTICLE 10. MEETINGS 10.1 Regular Meetings. The Board shall schedule by Resolution regular monthly meetings during each Fiscal Year. 10.2 Special Meetings. Special meetings of the Board may be called in accordance with provisions of the California Government Code §54956. 10.3 Notice of Meetings. All meetings of the Board shall be held subject to the provisions of California Government Code §54950-54962 (Brown Act) and other applicable laws of the State of California. 10.4 Meeting Location. All meetings of the Board must be held within the Service Area at a location determined by the Chair, except that the Board may hold a special meeting outside the Service Area upon an affirmative vote in accordance with Section 10.8 of this Agreement. 10.5 Minutes. The Chair shall cause the taking and keeping of minutes of all Board meetings. Promptly after each meeting, the Chair shall cause a copy of the minutes to be forwarded to each Director, either electronically or in paper form. 10.6 Quorum. A majority of the Directors shall constitute a quorum for the transaction of business of the Board, except that Directors constituting less than a quorum may adjourn any meeting. 10.7 Voting Rights. Each Member is entitled to cast one vote on any matter presented to the Board for a vote. 10.8 Voting Requirement. The vote of two thirds (2/3) of the Directors present shall constitute the act of the Board, unless otherwise provided in this Agreement. 10.9 Conduct of Meetings. Meetings of the Board shall be conducted by the Chair, or in the Chair's absence by the Vice Chair. In the absence of both the Chair and the Vice Chair, meetings shall be conducted by the Director in attendance who represents the largest Member, by population. ARTICLE 11. BYLAWS 11.1 Bylaws. The Board from time to time may adopt and amend bylaws for the conduct of its affairs, provided that they are consistent with this Agreement and are necessary and appropriate in order to carry out the SBWMA's purpose. Page 8 of 22 ARTICLE 12. FUNDING 12.1 Debts and Liabilities. The SBWMA's debts, liabilities, and obligations shall not be debts, liabilities, or obligations of any of the Members, and each Member's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the Members hereto may agree. 12.2 SBWMA Activities. Unless otherwise authorized by the Board, all costs associated with SBWMA activities shall be paid by the Facilities' users. The SBWMA shall be solely responsible for determining the amount of any charge to recover these pass-through costs. The Members hereby agree to pass any such charge as approved by the SBWMA, to users as part of the Solid Waste, Recyclable Material, and Plant Material and Transfer and Transport and Processing rate, without reduction, limitation, offset, or adjustment of any kind. 12.3 SBWMA Records and Accounts. The Finance Director shall maintain accurate and correct books of account showing in detail revenues and expenditures, together with supporting documentation including, but not limited to, receipts, invoices, and vouchers for SBWMA financial transactions. 12.4 Facilities Records and Accounts. The Finance Director shall maintain or cause to be maintained accurate and correct books of account of the Facilities' operations showing in detail revenues and expenditures, together with supporting documentation including, but not limited to, receipts, invoices, and vouchers. 12.5 Revenue Bond Payments. The revenue stream pledged to the Revenue Bonds may in no way be used for any purpose other than to make payment on the indebtedness associated with those bonds. Such revenues are not in any way considered revenues to the Agencies, and may not be used for any other purpose unless and until such Revenue Bonds are defeased or repaid in full. 12.6 Franchise Fee Payments. Monthly, SBWMA shall distribute to the City of San Carlos, from funds received from Contractor, one twelfth (1/12th) of the annual franchise fee agreed to by the SBWMA and the City of San Carlos for the operation of the Facilities. 12.7 Priority of Distribution of Funds Received by SBWMA. Monthly, the SBWMA shall receive funds from the Contractor of the Facilities under Section 6.04 of the Agreement for the Operation of the South Bayside Waste Management Authority's Transfer Station and Recyclery. The SBWMA shall distribute the funds received in accordance with the following priority: a. Debt Service Payments. b. Contributions to Reserves. c. Management Costs. d. Payment of Franchise Fees to the City of San Carlos. e. Such other distribution as authorized by the Board. ARTICLE 13. SBWMA ADMINISTRATION POWERS 13.1 Assertion of Authority. The Members shall not engage in any action that would duplicate, circumvent, by-pass, or supersede the SBWMA's powers, as expressed in this Agreement. 13.2 Facility Operator. The Members agree that the SBWMA shall have sole authority to operate or contract for the operation of the Facilities, and have sole authority to direct the delivery of all or a portion of each Member's Solid Waste, Recyclable Material, and Plant Page 9 of 22 Material to the Facilities, except as provided in Exhibit D hereto. No Member shall take any action in any manner, inconsistent with the terms of this Agreement. 13.3 Operating Records. The SBWMA will cause the Facilities' Contractor to maintain accurate, timely, and complete records of operations at the Facilities, as necessary to comply with any CIWMA or other State requirements, or this Agreement. 13.4 Operations Reporting. The SBWMA shall cause the Facilities' Contractor to compile information and report on any of its Facilities operations, in accordance with the CIWMA and this Agreement. 13.5 Solid Waste Reporting. The SBWMA shall cause the Facilities' Contractor to compile and report to the CIWMA and other State of California agencies data on Solid Waste accepted at the Facilities, all on behalf of the Members. 13.6 Require Compliance with Laws. The SBWMA shall require the Facilities Contractor to operate said Facilities in compliance with all Federal, State, and local laws, Environmental Laws, guidelines, and regulations, as may exist, or as may exist from time to time. 13.7 Bond Payment Review. The SBWMA shall at least annually review the Revenue Bond payment history and payment projections to the end of bond repayment. 13.8 Bond Management. The SBWMA shall periodically consider defeasing the Revenue Bonds and refinancing any existing debt to the economic benefit of the Members, as market conditions allow. 13.9 Bond Reserves. The SBWMA shall maintain at least the minimum reserve fund requirements specified in the Revenue Bond covenants. 13.10 Asset Reserves. The SBWMA shall establish and maintain an asset replacement reserve fund at a level at least adequate to finance appropriate and ordinary asset replacement at the Facilities. 13.11 Annual Inspection. At least annually, the SBWMA shall inspect or cause to be inspected by a qualified and licensed civil engineer all of its Facilities, including all property, land, equipment, and other items owned by the SBWMA. 13.12 Attributing Solid Waste. The SBWMA shall establish a fair and equitable method of attributing Solid Waste, Recyclable Materials, and Plant Materials to the Members that are delivered to the Facilities. 13.13 Miscellaneous. The SBWMA may operate programs, conduct analyses, and perform studies from time to time, all in support of the purposes under this Agreement, as the Board so approves. 13.14 Member Cooperation. Members agree to cooperate in the accumulation of information supporting goals approved by the Board, as provided in this Agreement. ARTICLE 14. PENALTIES 14.1 Apportionment of Penalties. Any penalties assessed by regulatory authorities against the SBWMA shall be paid by the SBWMA. ARTICLE 15. WITHDRAWAL FROM SBWMA 15.1 Withdrawal Conditions. A Member may not withdraw from the SBWMA unless and until that Member achieves the following: a. The liquidation in full of its proportion of any and all existing debts, obligations, and liabilities incurred, earned, or expected to be earned by the Page 10 of 22 date of withdrawal, including but not limited to the Revenue Bonds, as determined by the Board. b. The provision to the SBWMA of a written notice of intent to withdraw from the SBWMA at least six (6) months prior to the end of the current Rate Year, specifying the date on which the Member intends to withdraw. c. The approval of such withdrawal by a 4/5 affirmative vote of Equity Members. ARTICLE 16. TERMINATION 16.1 Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including,but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter "Termination Date"), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following: a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency. b. If there is no successor public agency that would conduct the SBWMA's activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ratepayers' total contribution during the Term of this Agreement. A reference to ratepayers' contribution means payment of Collection fees under each jurisdiction's respective Uniform Franchise Agreement. c. If there is a successor public agency that would conduct some of the SBWMA's activities, then the Board shall allocate the SBWMA's assets and liabilities between the successor public agency and the Members. In this case, the Members' portion of the allocation shall be allocated based on Section 16.1(b). d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final. e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date. f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1. ARTICLE 17. AMENDMENTS Page 11 of 22 17.1 Amendment Requirements. Subject to all legal obligations of the SBWMA, this Agreement may be amended by one or more supplemental agreements executed by a vote of two thirds (2/3) of all Equity and Non-Equity Members of the SBWMA. 17.2 Signature Requirements. Signatures shall not be required on any effective amendment by those Members, if any, whose Directors did not approve the amendment; however, such Members shall nonetheless be bound by the amendment as if it were approved by all Members. ARTICLE 18. FILINGS 18.1 Filing with Secretary of State. The Chair shall cause to be filed all required notices with the California Secretary of State, in accordance with California Government Codes §6503.5 and 53051. ARTICLE 19. NOTICES 19.1 Notices to Agencies. All notices to the Agencies shall be deemed to have been given to the Agencies when mailed, postage prepaid by United States mail, or when hand delivered to the governing body of each Agency during usual business hours at the principal office, or to the person apparently in charge of that office. 19.2 Notices to SBWMA. All notices to the SBWMA shall be deemed to have been given to the SBWMA when mailed, postage prepaid by United States mail, or when hand delivered to each of the Chair, Vice Chair, and Finance Director of the SBWMA during usual business hours at the principal office, or to the Person apparently in charge of that office. ARTICLE 20. SUCCESSORS AND ASSIGNMENTS 20.1 Assignments. This Agreement shall be binding upon and shall inure to the benefit of the successors of any Member. No Member may assign any right or obligation hereunder without the written consent of all other Members. ARTICLE 21. SEVERABILITY 21.1 Severability. If any provision of this Agreement or its application to any Person or circumstances is held invalid or illegal by a final judgment of a court of law in the State of California, the remainder of this Agreement and the application of the provision to other Persons or circumstances shall not be affected. ARTICLE 22. ARTICLE HEADINGS 22.1 Headings. All section headings contained in this Agreement are for convenience and reference only. They are not intended to define or limit the scope of any provision of this Agreement. THEREFORE THE AGENCIES LISTED IN EXHIBITS A AND B HERETO AND EXECUTING THIS AGREEMENT BY SIGNING EITHER AS AN EQUITY MEMBER IN EXHIBIT A OR NON EQUITY MEMBER IN EXHIBIT B HEREBY ENTER INTO THIS AGREEMENT. Page 12 of 22 EXHIBIT A EQUITY MEMBERS TOWN OF ATHERTON CITY OF BELMONT BY: BY: TITLE: TITLE: CITY OF BURLINGAME CITY OF EAST PALO ALTO BY: BY: TITLE: TITLE: CITY OF FOSTER CITY TOWN OF HILLSBOROUGH BY: BY: TITLE: TITLE: CITY OF MENLO PARK CITY OF REDWOOD CITY BY: BY: TITLE: TITLE: CITY OF SAN CARLOS CITY OF SAN MATEO BY: BY: TITLE: TITLE: WEST BAY SANITARY DISTRICT COUNTY OF SAN MATEO BY: BY: TITLE: TITLE: Page 13 of 22 EXHIBIT B NON EQUITY MEMBERS NONE Page 14 of 22 EXHIBIT C DEFINITIONS Unless the context otherwise requires, capitalized terms used in this Agreement will have the meanings specified below in this Exhibit C. Act "Act"means the California Joint Exercise of Powers Act (California Government Code §6500 et. seq.). Agency/Agencies "Agency/Agencies"means the public entities which are or have been Members of the SBTSA and/or the SBWMA. Agreement "Agreement"means this joint exercise of powers agreement, as it may be amended from time to time. Board "Board"means the governing Board of Directors of the SBWMA, comprising one Director from each of the Members, as described in Article 8 of this Agreement. Chair "Chair"means the SBWMA Chair of the Board, as described in Section 8.5 of this Agreement. CIWMA "CIWMA"means the California Integrated Waste Management Act of 1989 (California Public Resources Code, §40000 et seq.), and all regulations adopted under that legislation, as that legislation and those regulations may be amended from time to time. CIWMA Board "CIWMA"means the California Integrated Waste Management Board, created under the provisions of the CIWMA,whose duties include implementing the CIWMA. Collect/Collection "Collect/Collection"means to take physical possession, transport and remove Solid Waste, Recyclable Materials, and Plant Materials within and from the Service Area. Collector "Collector"means a private organization which holds a franchise from an Agency for Solid Waste Collection. Contractor "Contractor" shall mean the entity the SBWMA contracts with to operate the Facilities. County "County"means the County of San Mateo, California. Page 15 of 22 Director "Director"means the appointed representative from each Member who serves on the governing Board of Directors. Disposal "Disposal"means the ultimate disposition of Solid Waste received by Collector at a landfill in Full Regulatory Compliance. Diversion "Diversion"means the separation of materials from the overall Solid Waste stream and whose disposition is for reuse or Recycling and not landfill disposal. Effective Date "Effective Date"means the effective date of this Agreement, which is December 9, 1999, as provided in Section 4.1. Environmental Laws "Environmental Laws"means all federal and state statutes; and all county, local, and Agency ordinances concerning public health, safety, and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 USC §9601 et seq.; the Resource Conservation and Recovery Act, 42 USC §6902 et seq.; the Federal Clean Water Act, 33 USC §1251 et seq.; the Toxic Substances Control Act, 15 USC §1601 et seq.; the Occupational Safety and Health Act, 29 USC §651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code §25100 et seq.; the California Toxic Substances Control Act, California Health and Safety Code §25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code §13000 et seq.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et seq.; the California Integrated Waste Management Act, California Public Resources Code §40000 et seq., as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. Executive Director "Executive Director"means the person appointed by the Board as the executive officer and director of the SBWMA. Facility/Facilities "Facility/Facilities"means any plant or site, existing or planned, owned or leased, and constructed, maintained, operated, or used for purposes of performing under this Agreement. As of the Effective Date, the Facilities are: the San Carlos Transfer Station and the San Mateo Recyclery, located at 225, 229, and 333 Shoreway Road, in San Carlos, California. Fiscal Year "Fiscal Year"means the period commencing on each July 1 and ending on the following June 30. Founding Member Page 16 of 22 "Founding Member"means any one of the public entities listed in Exhibit A and B attached hereto. Franchise "Franchise"means the special right granted by the Agencies to operate a public utility for Solid Waste Collection and Processing services within the Service Area. Full Regulatory Compliance "Full Regulatory Compliance"means compliance with all applicable permits for a Facility such that the Contractor will at all times maintain the ability to fully comply with its obligations under this Agreement. Legislation "Legislation"means any code, ordinance, resolution, or any other forms or enactment of the Agencies or any Member which now exists or which may hereafter be adopted which constitutes law or regulation. Member "Member"means any one of the public entities listed in Exhibit A (Equity Members) or Exhibit B (Non Equity Members) attached hereto, and any public entity that becomes a New Member in accordance with Section 6.3 of this Agreement. Person "Person"means any individual, firm, association, organization, partnership, corporation,business trust,joint venture, special purpose district, town, city, county, state, or the United States. Plant Materials "Plant Materials"means a subset of Recyclable Materials consisting of grass cuttings, weeds, leaves,prunings,branches, dead plants,brush, tree trimmings, dead trees (not more than six [6] inches in diameter), and similar organic materials generated at residential commercial, industrial and institutional properties within the Service Area, separated and set out for Collection, processing, and Recycling. Plant Materials does not include materials not normally produced from gardens or landscapes, such as,but not limited to,palm fronds, brick, rock, gravel, large quantities of dirt, concrete, sod, non-organic wastes and oil. Diseased plants and trees are also excluded from Plant Materials. Process/Processing "Process/Processing"means the Recycling, reuse, reformation, reconstituting, or otherwise manipulation of Solid Waste in preparation for its ultimate use or disposal. Rate Year "Rate Year"means the period commencing on January 1 and ending on the following December 31. Recyclable Materials Page 17 of 22 "Recyclable Materials"means discarded materials that are re-used, re-manufactured or processed. Recycling "Recycling"means the process of collecting, sorting, cleansing, treating and reconstituting discarded materials which meet the quality standards necessary to be re-used, re-manufactured or processed. The Collection, transportation or disposal of Solid Waste not intended for, or capable of, reuse is not Recycling. Revenue Bonds "Revenue Bonds"means those certain revenue bonds titled "South Bayside Waste Management Authority(San Mateo County, California) Solid Waste System Revenue Bonds, Series 2000," and issued in the amount of$20,090,000 on March 1, 2000. SBWMA "SBWMA"means the South Bayside Waste Management Authority, a joint powers authority created under Government Code §6500 et seq. by this Agreement. SBTSA "SBTSA"means the South Bayside Transfer Station Authority, a joint powers authority created in 1982. Service Area "Service Area"means the collective territory within, and, if applicable, outside the Member's boundaries with respect to which the Member exercises franchising authority for the Collection of Solid Waste, Recyclable Materials, and Plant Materials which territory is shown on a map on file in the office of the Chair, to which reference is hereby made for the description of said area. Solid Waste "Solid Waste"means all putrescible and nonputrescible solid, semisolid, and liquid wastes, as defined in California Public Resources Code §40191, as that section may be amended from time to time. For the purposes of this Agreement, "Solid Waste"does not include abandoned vehicles and parts thereof, Hazardous Waste or low-level radioactive waste, medical waste, Recyclable Materials, or Plant Materials. Term "Term"means the period of time specified in Article 4 of this Agreement. Transfer "Transfer"means the process of transferring Solid Waste from collection vehicles to transfer vehicles. Transport "Transport"means the transportation of Solid Waste in either collection or transfer vehicles. Uniform Franchise Agreement Page 18 of 22 "Uniform Franchise Agreement"means the franchise agreement negotiated by the SBWMA with BFI Waste Systems of North America, Inc. or its successor, for the Collection of Solid Waste, Recyclable Materials, and Plant Materials in each Agency, as amended. Page 19 of 22 Exhibit D Exceptions to the SBWMA power to direct Members' Solid Waste, Recyclable Materials, and Plant Materials to the Facilities. The following sections are excerpts from the Uniform Collection Agreement adopted by SBWMA member entities and details the exceptions to the SBWMA's power to direct Members' Solid Waste, Recyclable Materials, and Plant Materials to the Facilities: 2.07 Scope of Franchise. Subject to Section 2.08, the Franchise granted to Contractor shall be exclusive for all Solid Waste, residential Recyclable Materials and residential Plant Materials generated in the Service Area, except where otherwise precluded by Federal, State and local laws and regulations or where other current programs provide for Collection and handling of Household Hazardous Waste. 2.08 Limitations to Scope. The Agreement for the Collection, transportation, processing, and Disposal of Solid Waste, residential Recyclable Materials, and residential Plant Materials granted to Contractor shall be exclusive except as to the following materials listed in this Section. The award of this Agreement shall not preclude the categories of Solid Waste, Recyclable Materials and Plant Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any Person from obtaining any authorization from Agency which is otherwise required by law: a. Other recyclers shall maintain the right to charge a fee, to Collect without a fee, to accept donated Recyclable Materials and to pay the service recipient for Recyclable Materials for the Collection of Source Separated Recyclable Materials and Plant Materials from commercial, industrial, multi-family and institutional generators located in the Service Area. For the purposes of this Agreement, Source Separated loads are loads that consist of less than 10%by weight or volume of Solid Waste, whichever is less. It will be the responsibility of Contractor to provide enforcement of this provision. If Contractor can document that other recyclers are servicing Collection Containers that contain less than 90% Source Separated Recyclable Materials or Plant Materials, it shall report the location and the name of the recycler to the Agency and the SBWMA, along with Contractor's evidence of the violation of the exclusiveness of this Agreement. b. Solid Waste, Recyclable Materials, and Plant Materials, which are removed from any Premises by the Waste Generator, and which are transported personally by the Owner or occupant of such Premises (or by his or her employees or a contractor whose removal of the Solid Waste, Recyclable Materials and/or Plant Materials are incidental to the service being performed. Page 20 of 22 c. Recyclable Materials and Plant Materials which are Source Separated at any Premises by the Waste Generator and donated to youth, civic, or charitable organizations; d. Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq. California Public Resources Code; e. Plant Materials removed from a Premises by a gardening, landscaping, or tree trimming contractor as an incidental part of a total service offered by that contractor rather than as a hauling service and for no additional or separate fee; f. Non-putrescible Waste from roll-off/debris boxes; g. Animal waste and remains from slaughterhouse or butcher shops for use as tallow; h. By-products of sewage treatment, including sludge, sludge ash, grit and screenings; and, i. Hazardous Waste and Designated Waste regardless of its source. This grant to Contractor of an exclusive right and privilege to Collect, transport, or process and dispose of Solid Waste, certain residential Recyclable Materials, and certain residential Plant Materials shall be interpreted to be consistent with state and federal laws, now and during the term of the Agreement, and the scope of this exclusive right shall be limited by applicable state and federal laws with regard to the matters contained in this Agreement. In the event that future interpretations of current law or new laws, regulations, interpretations or trends limit the ability of Agency to lawfully provide for the scope of services as specifically set forth herein, Contractor agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully provided and that Agency shall not be responsible for any lost profits or losses claimed by Contractor to arise out of limitations of the scope of the Agreement set forth herein. In such an event, it shall be the responsibility of Contractor to minimize the financial impact to other services being provided as much as possible. 2.09 Additional Services and Modifications to Service. 2.09.1 General. Agency may direct Contractor to perform additional services (including new diversion programs, billing services, etc.) or modify the manner in which it performs existing services. Pilot programs and innovative services which may entail new Collection methods, targeted routing, different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which Agency may direct. Contractor shall be entitled to an adjustment in its compensation in accordance with Article 6 for providing such additional or modified services. 2.09.2 New Diversion Programs. Contractor shall present, within 30 days of a request to do so by Agency, a proposal to provide additional or expanded diversion services. At a minimum, the proposal shall contain a complete description of the following: a. Collection methodology to be employed (equipment, manpower, etc.). Page 21 of 22 b. Equipment to be utilized(vehicle number, types, capacity, age, etc.). c. Labor requirements (number of employees by classification). d. Type of materials containers to be utilized. e. Provision for program publicity/education/marketing. f. Estimate of the tonnage to be diverted and the methodology for determining that diverted tonnage. g. Five-year projection of the financial results of the program's operations in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions, giving full effect to the savings or costs to existing services. 2.09.3 Agency's Right to Permit Others to Provide Services. Contractor acknowledges and agrees that Agency may permit other Persons besides Contractor to provide additional Solid Waste services not otherwise contemplated under Section 2.07 and 2.08 of this Agreement. If Contractor and Agency cannot agree on terms and conditions of such services in one hundred twenty (120) days from the date when Agency first requests a proposal from Contractor to perform such services, Contractor acknowledges and agrees that Agency may permit Persons other than Contractor to provide such services. Page 22 of 22 Email from Council Member Coralin Feierbach, City of Belmont From: Coralin Feierbach [in aiIto:c.feierbach@comcast.net] Subject: SBWMA concerns I wanted you and others on your city council to know that the Belmont City Council voted against the SBWMA contract(you know the JPA governing garbage and re-cycling) We voted against it for various reasons: 1. The old contract specifies that it takes 4 out of 5 members who sit at the table of SBWMA to satisfy a request of a city that wants to be removed from the JPA. The new contract does not change that. Most JPA's specify that if a city wants to be removed from a JPA it gives 30 days notice and pays any outstanding bonds. 2. We also feel that if a council member wants to be on the JPA board, they should be able to be on the board,thereby replacing their city's staff member. The current contract, in fact,prohibits council members from being at the JPA table. 3. We are also concerned with the money it is going to take to hire a Finance Director for the JPA. The new Executive director will be receiving a salary as high as $235,000/year. Anyway, Dave Warden had written to each city but most cities did not either respond or responded in a negative way with respect to having an elected official be one of the members at the table. We wonder why that is. Why would a city want to prevent its elected officials from actively participating at the JPA table instead of having one of its staff members do it exclusively? Most JPA's have elected city officials on their boards, not staff members. Because city elected officials have not actively participated in the past,much has happened that should not have happened. One city alone had been in control of SBWMA with its attorney, finance person and chair from the same city. This last contract has been an attempt to correct some of the problems but#1 and#2 concerned 5 out of the 5 council members in Belmont—that is why we voted no. If you are interested in talking about this give me a call at 593-3550. If not,you might want to ask,before you vote for the contract,why couldn't one of the elected officials of any city belonging to the SBWMA JPA be allowed to sit at the table? Take care, Coralin RethinkWaste.org South Bayside Waste Management Authority sbwma Mark Weiss, City Manager City of San Carlos 600 Elm Street Member Agencies: San Carlos, CA 94070 Town of Atherton City of Belmont December 20, 2005 City of Burlingame City of Foster City Subject: Questions About SBWMA& Proposed Amendments to Joint Powers Town of HIsborough Authority Document City of East Palo Alto Dear Mark: City of Menlo Park City of Redwood City I have received a couple of inquiries in the last two weeks from agencies City of San Carlos belonging to the South Bayside Waste Management Authority (SBWMA) regarding an email from a City of Belmont Council Member regarding the City of San Mateo proposed amendments to the SBWMA Joint Powers Agreement (see copy County of San Mateo attached). After reviewing the message, I see that it has some comments and West Bay Sanitary District questions that should be addressed. So let me take this opportunity to provide some information on these items. 9. Withdrawal from the SBWMA Joint Powers Authority Section 15.1 of the SBWMA Joint Powers Authority (JPA) includes a 610 Elm Street,Site 202 provision for withdrawal from the JPA. This provision includes a San Carlos.CA 94070 specific time period (6 months prior to the end of the rate year), a voting requirement (4/5 of the equity member agencies) and the liquidation of p.650-602-4292 the member agency's share of debts, liabilities, etc. f.650-802-4306 info®reth i n kwaste.org During the discussion at the SBWMA Board of Directors meetings on amending the JPA document, no one (to my knowledge) raised the question of amending this section of the agreement. However, if it is something member agencies want to explore changing, that can certainly be discussed at a future meeting of the board. Transforming the Way We Think about Trash Questions about the Proposed Amendments to the SBWMA JPA Page 2 On the question of the withdrawal period from the SBWMA Joint Powers Authority being longer than 30 days and hence too long, my experience has been that the withdrawal period from a JPA in this County tends to vary by organization. For example, the Joint Powers Authority document that created the South County Fire Authority has an 18 month waiting period before such a withdrawal notice is effective. In that light, the current SBWMA JPA provision does not seem unreasonably long. I would also note that if any of the member agencies in the SBWMA wish to file a request to withdraw from the organization, we will certainly bring such a written request to the Board once it has been filed and start that process as defined under the JPA agreement in effect at the time the request has been received. 2. Membership on the SBWMA Board of Directors The membership of the SBWMA Board of Directors JPA has been comprised of agency staff members since the group was created in the late 1980s. Since many of the issues that come before the SBWMA tend to be of a technical nature, this structure has served the organization well over the years. And that is reflective of other JPAs in the County and the area where some have Boards made up of staff members and others have Boards made up of elected officials. The matter of changing the Board to a mixture of elected officials and staff members or elected officials only or creating an Executive Committee which met once or twice a year was discussed earlier this year with the City and County Managers group. After discussing the pros and cons of the various options noted above (mixed board, elected board, executive committee of City Managers or elected officials), they noted that the SBWMA has been a very effective JPA and decided to leave the SBWMA Board Membership the way it has been since the organization's inception. That is why the proposed JPA Amendments now under consideration by the 12 agencies of the SBWMA do not include a change in this area. 3. Executive Director Salary & SBWMA Financial Services There has also been a question raised about the salary of the incoming Executive Director of the SBWMA and a comment about an SBWMA Finance Director. The position of Executive Director has been discussed by the SBWMA Board and a salary range of$150,000 - $174,000 was unanimously approved by the agency members earlier this year. Questions about the Proposed Amendments to the SBWMA JPA Page 3 This is considerably less than the figure that was circulated in the attached memo. As an update, I can tell you that we continue to work on the process of hiring the organization's first Executive Director. I am hopeful that we will be able to make an announcement about that process sometime in January. In terms of the comment about an SBWMA Finance Director, there are no plans to hire such a position. Financial Services have been and continue to be provided by a contract between the SBWMA and the City of San Carlos Finance Department. The proposed JPA amendments are meant to clarify that the SBWMA pays for these services. In closing, I want to thank your agency for its continued support of the SBWMA. Over the years we have achieved many things and are now the owners of both the agency's Garbage Transfer Station and Recyclery. This, plus our 15 year agreement for low garbage rates at the Ox Mountain site, puts us in excellent position as we begin work on a Request for Proposal (RFP) for Garbage Collection and Recycling Services. I look forward to working with the staff, member agencies and soon the Executive Director of the SBWMA on that process. As always, feel free to contact me if you have questions or comments on these matters or others as we move forward. Sincerely Yours, 4. Brian Moura Chairman SBWMA Board of Directors Cc: SBWMA Board of Directors $2,154,803.97 Ck. No. 15774- 16225 Excludes Library Cks. 15927-15951 RECOMMENDED FOR PAYMENT APPROVED FOR PAYMENT Payroll for December 2005 $3,822,577.26 Ck No 164203- 164539 INCLUDES ELECTRONIC FUNDS TRANSFERS PERS HEALTH PERS RETIREMENT FEDERAL 941 TAX STATE DISABILITY TAX STATE INCOME TAX PERS&ICMA DEFERRED COMP SECTION 125 DEDUCTION c m m m � CL CD CD 3 S:\FINEXCEL\MISCELLANEOUS\COUNCILCKS.XLS WIT CITY OF BURLINGAME 01 -05-2006 W A R R A N T R E G I S T E R PAGE 10 FUND RECAP 05-06 NAME FUND AMOUNT GENERAL FUND 101 74 , 738. 11 PAYROLL REVOLVING FUND 130 5 ,910.35 CENTRAL COUNTY FIRE 201 9, 550.30 CAPITAL IMPROVEMENTS FUND 320 244,840 .93 WATER CAPITAL PROJECT FUND 326 5 , 000. 00 SEWER CAPITAL PROJECT FUND 327 31 ,478. 16 WATER FUND 526 28,679. 07 SEWER FUND 527 37, 158 . 26 SOLID WASTE FUND 528 1 ,653 . 12 PARKING ENTERPRISE FUND 530 - 174.02 FACILITIES SERVICES FUND 619 5 ,800.01 EQUIPMENT SERVICES FUND 620 1 , 290.38 INFORMATION SERVICES FUND 621 11472.02 FIRE MECHANIC SERVICES FUND 625 2, 013. 11 OTHER LOCAL GRANTS/DONATIONS 730 1 , 083.51 TRUST AND AGENCY FUND 731 998. 24 STATE GRANTS FUND 734 311 . 70 UTILITY REVOLVING FUND 896 3, 033 . 10 TOTAL FOR APPROVAL $454,836.35 <I HONORABLE MAYOR AND CITY COUNCIL : THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 10 INCLUSIVE , AND/OR CLAIMS NUMBERED FROM 16098 THROUGH 16225 INCLUSIVE , TOTALING IN THE AMOUNT OF $454,836.35 , HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON . RESPECTFULLY SUBMITTED , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./ . . . / . . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / . . ./ . . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16211 EVERGREEN OIL INC 26145 1,396.50 PROFESSIONAL&SPECIALIZED S 1,396.50 528 66600 210 16212 MARK MELAMED 26146 3,595.00 MISCELLANEOUS 3,595.00 526 36730 16213 CONSTANTIA PETROU 26147 1,020.00 MISCELLANEOUS 1,020.00 101 22525 16214 MICHAEL VUROVITSKY 26148 300.00 DEPOSIT REFUNDS 300.00 101 22520 16215 ANDREINI BROS 26149 325.00 MISCELLANEOUS 325.00 526 36730 16216 BURLINGAME MOTHERS CLUB 26150 250.00 MISCELLANEOUS 250.00 101 22593 16217 TODD FRIEDMAN 26151 400.00 MISCELLANEOUS 400.00 101 22525 ,16218 SUSANNE MCEVOY 26152 70.00 MISCELLANEOUS 70.00 101 36330 000 1372 16219 WILLLIAM FARAC 26153 35.00 MISCELLANEOUS 35.00 526 36730 16220 A B MOUR DEVELOPMENT 26154 2,163.38 MISCELLANEOUS 2,163.38 526 36730 16221 ANTOINETTE LAMA 26155 125.00 MISCELLANEOUS 125.00 101 36330 000 1349 16222 LANCE BAYER 26156 437.50 PROFESSIONAL&SPECIALIZED S 437.50 101 64350 210 16223 ERIC MORRIS 26157 300.00 DEPOSIT REFUNDS 300.00 101 22520 16224 AMELIA CHICK 26158 1,500.00 MISCELLANEOUS 1,500.00 101 22546 16225 OFFICE OF THE SHERIFF 26159 500.00 TRAINING EXPENSE 500.00 101 65100 260 TOTAL 8454,836.35 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16195 SPENCON CONSTRUCTION INC. 25490 10,337.88 CONTRACTUAL SERVICES 10,337.88 320 80960 220 16196 MARY ANN NOTZ 25537 300.00 DEPOSIT REFUNDS 300.00 101 22520 16197 GRANT MOHR 25642 1,020.00 MISCELLANEOUS 1,020.00 101 22525 16198 CINGULAR WIRELESS 25775 746.68 UTILITY EXPENSE 746.68 896 20281 16199 CINGULAR WIRELESS ATLYS 25776 94.07 COMMUNICATIONS 94.07 201 65200 160 16200 CINGULAR WIRELESS ATLYS 25777 724.27 COMMUNICATIONS 724.27 201 65200 160 16201 CINGULAR WIRELESS ATLYS 25778 280.48 COMMUNICATIONS 280.48 101 66100 160 16202 CINGULAR WIRELESS ATLYS 25792 111.47 COMMUNICATIONS 111.47 201 65200 160 16203 HASLER FINANCIAL SERVICES, LLC 25852 512.46 CITY HALL MAINTENANCE 512.46 621 64450 200 16204 SEAMUS SHANNON 26125 1,500.00 MISCELLANEOUS 1,500.00 101 22546 16205 PACIFIC SOD 26136 880.23 MISC. SUPPLIES 880.23 101 68020 120 2200 16206 ALLIED OFFICE SUPPLIES 26138 467.11 MISC. SUPPLIES 96.95 101 66210 120 MISC. SUPPLIES 370.16 527 66520 120 16207 HULBERG & ASSOCIATES INC. 26141 5,000.00 PROFESSIONAL & SPECIALIZED S 5,000.00 326 80950 210 16208 SYSKA HENNESSEY 26142 1,800.00 PROFESSIONAL & SPECIALIZED S 1,800.00 320 80790 210 16209 LINGULAR WIRELESS ATLYS 26143 29.84 COMMUNICATIONS 29.84 101 64150 160 16210 CINGULAR WIRELESS ATLYS 26144 28.03 COMMUNICATIONS 28.03 101 64100 160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT - AMOUNT Denotes Hand Written Checks 16180 T MOBILE 24846 30.88 COMMUNICATIONS 30.88 101 65150 160 16181 BATTERIES AND BUTTER 24889 183.76 FIRE APPARATUS MAINT. 183.76 201 65200 203 16182 SPEED ZONE 24973 440.00 PROFESSIONAL & SPECIALIZED S 440.00 619 64460 210 5150 16183 HANNAH KLEIN 24978 2,163.38 MISCELLANEOUS 2,163.38 526 36730 16164 DE LAGE LANDEN 25057 609.37 CONTRACTUAL SERVICES 23.08 101 65150 220 CONTRACTUAL SERVICES 414.94 101 65100 220 CONTRACTUAL SERVICES 171.35 201 65200 220 16185 GINA BALDRIDGE 25092 440.00 CONTRACTUAL SERVICES 440.00 730 69583 220 16186 POLLARDWATER.COM-EAST 25115 983.24 MISC. SUPPLIES 983.24 526 69020 120 16187 MYRON 25150 298.54 OFFICE EXPENSE 149.27 526 69020 110 OFFICE EXPENSE 149.27 527 66520 110 16188 610-KEY INTERNATIONAL INC. 25185 5,068.27 CONTRACTUAL SERVICES 5,068.27 201 65200 220 16189 MICHAEL CAFFERKEY 25233 2,745.00 MISCELLANEOUS 2,745.00 101 22546 16190 OFFICE DEPOT 25244 89.17 OFFICE EXPENSE 89.17 101 65100 110 16191 CALPERS 25370 600.00 PROFESSIONAL & SPECIALIZED S 600.00 101 64420 210 16192 SSFFD CTC 25376 600.00 MISCELLANEOUS 600.00 731 22554 16193 CITY OF FOSTER CITY 25377 311.70 MISCELLANEOUS 311.70 734 65199 012 16194 LARRY NEJASMICH 25458 3,595.00 MISCELLANEOUS 3,595.00 526 36730 C CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '•' Denotes Hand Written Checks 16167 REFRIGERATION SUPPLIES DISTRIBUT 23639 217.67 MISC. SUPPLIES 217.67 619 64460 120 5110 16168 BKF ENGINEERS 23641 25,450.93 PROFESSIONAL & SPECIALIZED S 25,450.93 327 81150 210 16169 SBC/MCI 23728 808.34 COMMUNICATIONS 758.34 101 68020 160 2200 COMMUNICATIONS 35.70 101 67500 160 COMMUNICATIONS 14.30 526 69020 160 16170 DAVID GRANUCCI 23777 620.00 TRAINING EXPENSE 620.00 101 65100 260 16171 INDUSTRIAL PLUMBING SUPPLY 23857 324.39 MISC. SUPPLIES 324.39 619 64460 120 5130 16172 UNIVERSAL BUILDING SERVICES 23941 1,730.54 CONTRACTUAL SERVICES 137.74 619 64460 220 5110 CONTRACTUAL SERVICES 379.00 619 64460 220 5150 CONTRACTUAL SERVICES 549.80 619 64460 220 5110 CONTRACTUAL SERVICES 664.00 619 64460 220 5240 16173 QUILL 24090 193.98 OFFICE EXPENSE 193.98 621 64450 110 16174 OMEGA ENGRAVING 24337 35.00 OFFICE EXPENSE 35.00 101 64100 110 16175 TEAMSTERS UNION LOCAL 856 24528 1,122.10 MISCELLANEOUS 1,115.20 130 21092 EMPLOYEE BENEFITS 6.90 130 21015 16176 SWRCB FEES 24588 33,462.00 OTHER AGENCY CONTRIBUTIONS 33,462.00 527 66530 270 16177 CITY CLERKS ASSOCIATION OF CALIF 24649 145.00 TRAVEL & MEETINGS 145.00 101 64200 250 16178 DIAMOND SECURITY SOLUTIONS 24659 375.00 BLDG. & GROUNDS MAINT. 125.00 101 66210 190 BLDG. & GROUNDS MAINT. 125.00 526 69020 190 BLDG. & GROUNDS MAINT. 125.00 527 66520 190 16179 DELTA DENTAL PLAN OF CALIFORNIA 24793 4,788.25 EMPLOYEE BENEFITS 4,788.25 130 20014 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16153 HILLYARD 21658 391.00 MISC. SUPPLIES 391.00 101 68020 120 2200 16154 ROBERT BOLL 22023 642.36 TRAINING EXPENSE 642.36 101 65100 260 16155 EXPRESS PLUMBING 22092 300.00 DEPOSIT REFUNDS 300.00 101 22520 16156 BETTS TRUCK PARTS 22111 1,999.34 FIRE APPARATUS MAINT. 1,096.33 201 65200 203 FIRE APPARATUS MAINT. 903.01 625 65213 203 16157 TOWNE FORD SALES, INC. 22146 356.36 VEHICLE MAINT. 12.44 201 65200 202 SUPPLIES 343.92 620 15000 16158 ROBERTS AND BRUNE 22178 2,526.71 MISC. SUPPLIES 2,526.71 526 69020 120 16159 UNDERGROUND CONSTRUCTION MANAGER 22305 14,940.00 PROFESSIONAL & SPECIALIZED S 14,940.00 320 80520 210 16160 CSUS FOUNDATION INC. 22615 131.16 TRAINING EXPENSE 131.16 526 69020 260 16161 ALLIED IRON CO. 22855 72.25 FIRE APPARATUS MAINT. 72.25 201 65200 203 16162 BAY AREA LIGHTS AND SIRENS 23083 450.00 FIRE APPARATUS MAINT. 450.00 625 65213 203 16163 CRAIG DILL 23171 400.00 TRAINING EXPENSE 100.00 101 65300 260 TRAINING EXPENSE 50.00 101 66700 260 TRAINING EXPENSE 100.00 526 69020 260 TRAINING EXPENSE 100.00 527 66520 260 TRAINING EXPENSE 50.00 619 64460 260 16164 OFFICE MAX 23306 75.76 OFFICE EXPENSE 53.10 101 64200 110 OFFICE EXPENSE 22.66 101 64250 110 16165 SCAPES, INC. 23326 15,049.31 CONTRACTUAL SERVICES 15,049.31 320 81070 220 16166 TAMMY MAX 23445 518.00 PROFESSIONAL & SPECIALIZED S 518.00 101 64420 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16138 GARY PARTEE 19249 2,163.38 MISCELLANEOUS 2,163.38 526 36730 16139 ARROWHEAD MOUNTAIN SPRING WATER 19330 425.91 OFFICE EXPENSE 61.62 101 64250 110 MISC. SUPPLIES 364.29 201 65200 111 16140 CREATIVE INTERCONNECT 19768 228.36 CONTRACTUAL SERVICES 228.36 201 65200 220 16141 CASEY CONSTRUCTION 19820 190,643.00 CONTRACTUAL SERVICES 190,643.00 320 80570 220 I 16142 PENINSULA CORRIDOR JOINT 20060 3,914.00 RENTS & LEASES 1,957.00 526 69020 180 RENTS & LEASES 1,957.00 527 66520 180 16143 AFFINITEL COMMUNICATIONS 20246 175.00 COMMUNICATIONS 175.00 621 64450 160 16144 NOLTE & ASSOCIATES, INC. 20376 6,027.23 PROFESSIONAL & SPECIALIZED S 6,027.23 327 81360 210 16145 DAPPER TIRE CO., INC. 20464 241.53 SUPPLIES 241.53 620 15000 16146 FRANKLIN OFFICE SUPPLIES 20523 8.22 OFFICE EXPENSE 8.22 101 64420 110 16147 DAVID MAURO 20931 1,020.00 MISCELLANEOUS 1,020.00 101 22525 16148 SOUTH BAY REGIONAL PUBLIC 20986 110.00 TRAINING EXPENSE 110.00 101 65100 260 16149 CEB 21210 322.04 MISC. SUPPLIES 322.04 101 64350 120 16150 CDW GOVERNMENT, INC. 21482 77.12 MISC. SUPPLIES 77.12 101 66100 120 16151 UNIVERSAL FLEET SUPPLY INC. 21543 293.23 FIRE APPARATUS MAINT. 293.23 625 65213 203 16152 STAR COFFEE INC. 21623 72.37 BLDG. & GROUNDS MAINT. 72.37 621 64450 190 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16122 DANKA OFFICE IMAGING CO 13758 368.21 OFFICE EXPENSE 368.21 621 64450 110 16123 DOCUMENT PROCESSING SYSTEMS 13890 177.00 EQUIPMENT MAINT. 177.00 101 64250 200 16124 SAY AREA AIR QUALITY 14358 94.34 GAS, OIL & GREASE 94.34 101 65100 201 16125 DAY-TIMERS, INC. 14411 30.30 OFFICE EXPENSE 30.30 101 66210 110 16126 NORTHERN CALIFORNIA 14692 181.86 BLDG. & GROUNDS MAINT. 181.86 101 68020 190 2200 16127 ROYAL WHOLESALE ELECTRIC 14855 234.90 MISCELLANEOUS 234.90 320 80480 400 16128 STEVE'S CHRISTMAS TREES 16767 649.09 MISCELLANEOUS 649.09 526 22502 16129 JMB CONSTRUCTION, INC. 17299 11,700.00 CONTRACTUAL SERVICES 11,700.00 320 80880 220 16130 METRO MOBILE COMMUNICATIONS 17402 331.50 COMMUNICATIONS 40.05 101 65100 160 RADIO MAINT. 291.45 201 65200 205 16131 COLORPRINT 17497 1,332.56 MISC. SUPPLIES 1,332.56 526 69020 120 16132 HANNON CONSTRUCTION 17514 300.00 DEPOSIT REFUNDS 300.00 101 22520 16133 HI-TECH EMERGENCY VEHICLE 17546 197.71 FIRE APPARATUS MAINT. 197.71 625 65213 203 16134 AMERICAN WATER WORKS ASSN. 18951 20.95 TRAINING EXPENSE 20.95 526 69020 260 16135 ACCESS UNIFORMS & EMBROIDERY 18990 240.00 UNIFORMS AND EQUIPMENT 240.00 619 64460 140 16136 ANG NEWSPAPERS 19083 135.84 MISC. SUPPLIES 135.84 320 81120 120 16137 PRIORITY 1 19239 447.55 SUPPLIES 447.55 620 15000 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16113 B.E. I . ELECTRICAL SUPPLIES 09072 41 .26 MISC. SUPPLIES 41 .26 619 64460 120 16114 SAFETY KLEEN CORP. 09168 267.66 RENTS & LEASES 267.66 101 68020 180 2300 16115 LIFE ASSIST 09392 333.24 MISCELLANEOUS 333.24 731 22554 16116 TMT ENTERPRISES 09446 381 .13 MISC. SUPPLIES 381 . 13 101 68020 120 2200 16117 OLE'S 09626 118.58 FIRE APPARATUS MAINT. 118.58 625 65213 203 16118 ED NAKISO 09770 620.00 TRAINING EXPENSE 620.00 101 65100 260 16119 EMPLOYMENT DEVELOPMENT DEPARTMEN 10567 7,722.28 MISCELLANEOUS 311 .82 101 67500 037 MISCELLANEOUS 6,649.65 526 69020 037 MISCELLANEOUS 994.83 527 66520 037 MISCELLANEOUS -234.02 530 65400 010 16120 CHIEF BILL REILLY 11568 1 ,604.76 MISCELLANEOUS 7.00 201 35220 000 7100 MISC. SUPPLIES 76.57 201 65200 120 SMALL TOOLS 6.48 201 65200 130 UNIFORMS AND EQUIPMENT 233.21 201 65200 140 FIRE APPARATUS MAINT. 30.09 201 65200 203 DUES & SUBSCRIPTIONS 350.00 201 65200 240 TRAINING EXPENSE 192.90 201 65200 260 MISC. SUPPLIES 366.31 730 69579 120 MISC. SUPPLIES 277.20 730 69585 120 MISCELLANEOUS 65.00 731 22554 16121 BURLINGAME POLICE DEPT 13720 3,917.19 OFFICE EXPENSE 160.00 101 65100 110 MISC. SUPPLIES 58.27 101 65150 120 MISC. SUPPLIES 475.49 101 65100 120 EQUIPMENT MAINT. 20.00 101 65100 200 PROFESSIONAL & SPECIALIZED S 461 .35 101 65100 210 DUES & SUBSCRIPTIONS 151 .00 101 65100 240 TRAINING EXPENSE 11825.68 101 65100 260 TRAINING EXPENSE 705.40 101 65150 260 COMMUNICATIONS 25.00 530 65400 160 CONTRACTUAL SERVICES 35.00 530 65400 220 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 01/05/06 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16098 BAYSHORE INTERNATIONAL TRUCKS 01236 50.58 FIRE APPARATUS MAINT. 50.58 625 65213 203 16099 BURLINGAME CHAMBER OF COMMERCE 01637 2,301.63 CONTRACTUAL SERVICES 2,301.63 101 64560 220 16100 L. N. CURTIS&SONS 02027 60.37 FIRE APPARATUS MAINT. 60.37 201 65200 203 16101 NATER/FINANCE PETTY CASH 02184 2,286.42 MISCELLANEOUS 2,286.42 896 20282 16102 GRANITE ROCK COMPANY 02261 293.73 STREET RESURFACING EXPENSE 293.73 101 66210 226 16103 IRVINE&JACHENS INC. 02599 175.37 UNIFORMS AND EQUIPMENT 175.37 201 65200 140 16104 K&W DISCOUNT LIGHTING&SUPP 02645 2,343.07 MISC. SUPPLIES 1,086.77 619 64460 120 MISC. SUPPLIES 1,256.30 619 64460 120 5250 16105 LAWSON PRODUCTS, INC. 02755 434.47 MISC. SUPPLIES 177.09 619 64460 120 SUPPLIES 257.38 620 15000 16106 UNITED ROTARY BRUSH CORPORATION 03002 256.62 MISC. SUPPLIES 256.62 528 66600 120 16107 P. G. &E. 03054 17,055.99 GAS&ELECTRIC 17,055.99 101 66100 170 16108 PUMP REPAIR SERVICE CO. 03197 28,839.34 PUMP EQUIPMENT REPAIR 28,839.34 101 66210 230 16109 R&S ERECTION OF 03234 235.99 PROFESSIONAL&SPECIALIZED S 235.99 619 64460 210 5130 16110 TIMBERLINE TREE SERVICE, INC. 03760 1,462.08 CONTRACTUAL SERVICES 1,462.08 101 68020 220 2300 16111 U S POSTAL SERVICE 03821 150.00 OFFICE EXPENSE 150.00 621 64450 110 16112 WEST GROUP PAYMENT CTR. 03964 187.73 MISC. SUPPLIES 187.73 101 64350 120 CITY OF BURLINGAME 12-30-2005 WARRANT REG I ST ER PAGE 7 FUND RECAP 05-06 NAME FUND AMOUNT GENERAL FUND 101 37,666.09 PAYROLL REVOLVING FUND 130 13,992.41 CENTRAL COUNTY FIRE 201 3,294.72 CAPITAL IMPROVEMENTS FUND 320 1301101 .67 WATER CAPITAL PROJECT FUND 326 127,670.25 SEWER CAPITAL PROJECT FUND 327 283,896.88 WATER FUND 526 7, 118.05 SEWER FUND 527 207,351 .42 SOLID WASTE FUND 528 4,057.50 PARKING ENTERPRISE FUND 530 1 ,339.73 FACILITIES SERVICES FUND 619 142.43 EQUIPMENT SERVICES FUND 620 25.00 INFORMATION SERVICES FUND 621 1 ,402.48 FIRE MECHANIC SERVICES FUND 625 275.32 OTHER LOCAL GRANTS/DONATIONS 730 91 .04 TRUST AND AGENCY FUND 731 137,005.64 BURLINGAME TRAIN SHUTTLE PROGRAM 736 20,964.64 UTILITY REVOLVING FUND 896 8,277. 11 TOTAL FOR APPROVAL $984,672.38 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 7 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 16020 THROUGH 16097 INCLUSIVE,TOTALING IN THE AMOUNT OF $984,672.38, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./. . ./. . . FINANCE DIRECTOR DATE APPROVED FOR PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./. . ./. . . COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16094 THOMSON-WEST/BARCLAYS 25423 190.00 DUES & SUBSCRIPTIONS 190.00 201 65200 240 16095 CINGULAR WIRELESS-ATLYS 25730 51.01 COMMUNICATIONS 51.01 101 65100 160 16096 CINGULAR WIRELESS 25775 256.52 COMMUNICATIONS 256.52 101 65100 160 16097 CALM RIVER DEMOGRAPHICS 26140 490.00 TRAVEL & MEETINGS 490.00 101 64400 250 TOTAL $984,672.38 1 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16079 C.L.E.A. 24523 663.00 MISCELLANEOUS 663.00 130 20026 16080 TEAMSTERS 9856 24526 490.00 UNION DUES 490.00 130 21091 16081 KENNEDY/JENKS CONSULTANTS 24570 14,270.25 PROFESSIONAL&SPECIALIZED S 14,270.25 326 80950 210 16082 INTERNATIONAL CODE COUNCIL 24647 75.00 DUES&SUBSCRIPTIONS 75.00 101 65300 240 16083 DIAMOND SECURITY SOLUTIONS 24659 120.00 CONTRACTUAL SERVICES 120.00 619 64460 220 5120 16084 AETNA 24760 2,905.34 MISCELLANEOUS 271.30 130 20028 EMPLOYEE BENEFITS 2,634.04 130 20022 16085 THE HARTFORD PRIORITY ACCOUNTS 24796 4,995.07 EMPLOYEE BENEFITS 4,080.32 130 20021 MISCELLANEOUS 914.75 130 20025 16086 DORIS MORTENSEN 24871 441.58 TRAVEL&MEETINGS 441.58 101 64200 250 16087 LAURETTA PRINTING&COPY CENTER 24908 173.60 MISCELLANEOUS 173.60 101 64400 115 16088 S AND S SUPPLIES&SOLUTIONS 24963 144.26 TRAINING EXPENSE 144.26 527 66520 260 16089 A2Z BUSINESS SYSTEMS 25020 720.00 CONTRACTUAL SERVICES 720.00 201 65200 220 16090 SBC LONG DISTANCE 25033 79.80 UTILITY EXPENSE 79.80 896 20281 16091 DOWNTOWN BURLINGAME IMPROVEMENT 25058 1,230.00 CONTRACTUAL SERVICES 1,230.00 530 65400 220 16092 OFFICE DEPOT 25244 381.98 OFFICE EXPENSE 234.58 101 65100 110 EQUIPMENT MAINT. 37.67 101 65100 200 EQUIPMENT MAINT. 109.73 530 65400 200 16093 MULDOUNEY CUSTOM HOMES 25273 1,750.00 DEPOSIT REFUNDS 1,750.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16064 SCS FIELD SERVICES 23727 4,057.50 PROFESSIONAL & SPECIALIZED S 4,057.50 528 66600 210 16065 SBC/MCI 23728 8,197.31 UTILITY EXPENSE 8,197.31 896 20281 16066 KEITH MARTIN 23788 228.15 TRAVEL & MEETINGS 77.06 101 66210 250 MISC. SUPPLIES 41.03 526 69020 120 TRAVEL & MEETINGS 51.92 526 69020 250 OFFICE EXPENSE 35.71 527 66520 110 TRAVEL & MEETINGS 22.43 619 64460 250 16067 SFPUC WATER QUALITY BUREAU 23846 1,540.00 MISCELLANEOUS 1,540.00 526 69020 233 16068 ALTA LANGUAGE SERVICES, INC. 23889 50.00 PERSONNEL EXAMINATIONS 50.00 101 64420 121 16069 CHOICE POINT BUSINESS AND GOVERN 23935 250.00 POLICE INVESTIGATION EXPENSE 250.00 101 65100 292 16070 NEXTEL COMMUNICATIONS 23946 38.14 COMMUNICATIONS 38.14 101 65300 160 16071 DOUG BELL 24189 118.68 OFFICE EXPENSE 118.68 327 79400 110 16072 CINGULAR WIRELESS TITAN 24299 88.48 COMMUNICATIONS 88.48 101 64100 160 16073 FASTLANE TEK INC. 24304 1,900.00 MISCELLANEOUS EXPENSE 1,900.00 526 69020 290 16074 C.W. ROEN CO. 24474 - 259,993.09 CONTRACTUAL SERVICES 259,993.09 327 79480 220 !, 16075 CENTRAL COUNTY FIREFIGHTERS FUND 24518 4,095.00 MISCELLANEOUS 4,095.00 130 20016 16076 CENTRAL COUNTY FIREFIGHTERS FUND 24519 64.00 UNION DUES 64.00 130 21080 16077 BURLINGAME POLICE ADMINISTRATION 24520 180.00 MISCELLANEOUS 180.00 130 20024 16078 BURLINGAME POLICE OFFICERS ASSN 24521 600.00 MISCELLANEOUS 600.00 130 20024 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16050 SPRINT PCS 20724 33.28 COMMUNICATIONS 33.28 101 64150 160 16051 DELL MARKETING L.P. 20900 2,207.17 PROFESSIONAL & SPECIALIZED S 2,207.17 320 81300 210 16052 QUICK MIX CONCRETE 21140 259.92 SIDEWALK REPAIR EXPENSE 259.92 101 66210 219 16053 CDN GOVERNMENT, INC. 21482 334.03 MISC. SUPPLIES 50.47 101 66100 120 OFFICE EXPENSE 283.56 621 64450 110 16054 CINGULAR WIRELESS 21747 104.92 COMMUNICATIONS 104.92 101 65300 160 16055 ROBERTS AND BRUNE 22178 2,239.78 MISC. SUPPLIES 2,239.78 526 69020 120 16056 PARKING COMPANY OF AMERICA 22500 20,964.64 CONTRACTUAL SERVICES 7,311.41 736 64572 220 CONTRACTUAL SERVICES 13,653.23 736 64571 220 16057 SAN MATEO REGIONAL NETWORK, INC. 22759 300.00 MISCELLANEOUS 300.00 731 22554 16058 SAN MATEO DAILY JOURNAL 22804 1,204.69 MISCELLANEOUS 1,204.69 526 69020 233 16059 PENINSULA UNIFORM & EQUIPMENT 22899 797.81 UNIFORMS AND EQUIPMENT 797.81 201 65200 140 16060 OFFICE MAX 23306 136.54 OFFICE EXPENSE 75.78 101 68010 110 1101 OFFICE EXPENSE 60.76 101 66100 110 16061 REPUBLIC ELECTRIC 23382 127,894.50 CONTRACTUAL SERVICES 127,894.50 320 81060 220 16062 DATASAFE 23410 178.15 OFFICE EXPENSE 109.05 101 64420 110 OFFICE EXPENSE 34.55 101 66100 110 BANKING SERVICE FEES 34.55 101 64250 120 16063 CONNIE CAMERO-DAVIS 23669 133.91 PROFESSIONAL & SPECIALIZED S 133.91 101 64420 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16035 ALL CITY MANAGEMENT 15595 5,874.18 CONTRACTUAL SERVICES 5,874.18 101 65100 220 16036 DOUBLETREE HOTEL 16247 7,215.50 MISCELLANEOUS 7,215.50 101 30500 16037 LINDA HOECK 16390 1,150.00 CONTRACTUAL SERVICES 1,150.00 101 68010 220 1349 16038 LINHART PETERSEN POWERS ASSOC. 16599 14,155.63 MISCELLANEOUS 14,155.63 101 22515 16039 HILTON, FARNKOPF & HOBSON 16656 281.25 PROFESSIONAL & SPECIALIZED S 140.63 526 69020 210 PROFESSIONAL & SPECIALIZED S 140.62 527 66520 210 16040 JMB CONSTRUCTION, INC. 17299 113,400.00 CONTRACTUAL SERVICES 113,400.00 326 80770 220 16041 METRO MOBILE COMMUNICATIONS 17402 67.00 COMMUNICATIONS 67.00 101 65100 160 16042 COLORPRINT 17497 189.44 OFFICE EXPENSE 90.39 101 68010 110 1101 OFFICE EXPENSE 99.05 101 64420 110 16043 LEE & ASSOCIATES 17568 27,71 FIRE APPARATUS PAINT. 27.71 201 65200 203 16044 ANG NEWSPAPERS 19083 50.64 PUBLICATIONS & ADVERTISING 50.64 101 64200 150 16045 WINGES ARCHITECTURE & PLANNING 19471 300.00 MISCELLANEOUS 300.00 731 22525 16046 UNITED STATES POST OFFICE 20144 2,300.00 MISCELLANEOUS 2,300.00 101 68010 114 1100 16047 AFFINITEL COMMUNICATIONS 20246 130.00 COMMUNICATIONS 130.00 621 64450 160 16048 LYNX TECHNOLOGIES 20501 6,150.00 PROFESSIONAL & SPECIALIZED S 6,150.00 327 75170 210 16049 LARRY ANDERSON 20716 802.04 MISCELLANEOUS 802.04 101 64350 031 C CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/30/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16020 VEOLIA WATER 02110 224,665.94 PROFESSIONAL&SPECIALIZED S 17,635.11 327 79480 210 BLDG. &GROUNDS MAINT. 4,744.83 527 66530 190 CONTRACTUAL SERVICES 202,286.00 527 66530 220 16021 W.W. GRAINGER, INC. 02248 33.03 SMALL TOOLS 33.03 101 65200 130 16022 MEG MONROE 02936 214.95 MISCELLANEOUS 214.95 101 64400 031 16023 SBC 03080 52.37 COMMUNICATIONS 52.37 101 65100 160 16024 PBCC 03171 324.00 CITY HALL MAINTENANCE 324.00 621 64450 200 16025 SAN MATEO COUNTY CONVENTION& 03431 136,405.64 MISCELLANEOUS 136,405.64 731 22587 16026 RANDY SCHWARTZ 03518 447.00 MISCELLANEOUS 447.00 101 68010 031 16027 FASTSIGNS 09136 91.04 MISC. SUPPLIES 91.04 730 69547 120 16028 SAN MATEO COUNTY SHERIFF'S OFC. 09433 151.00 CONTRACTUAL SERVICES 151.00 101 65100 220 16029 SHAFFER'S AUTO SERVICE CENTER 11324 903.41 GAS, OIL&GREASE 903.41 201 65200 201 16030 RADIOSHACK CORPORATION 11749 52.48 POLICE INVESTIGATION EXPENSE 52.48 101 65100 292 16031 INTERSTATE BATTERY SYSTEM 13689 275.32 FIRE APPARATUS MAINT. 275.32 625 65213 203 16032 DANKA OFFICE IMAGING CO 13758 664.92 OFFICE EXPENSE 664.92 621 64450 110 16033 ELECTRO-MOTION INCORPORATED 14007 655.79 FIRE APPARATUS MAINT. 655.79 201 65200 203 16034 TRESSER'S TOW SERVICE 15543 25.00 SUPPLIES 25.00 620 15000 CITY OF BURLINGAME 12-20-2005 WARRANT REGI ST ER PAGE 8 FUND RECAP - 05-06 NAME -FUND AMOUNT GENERAL FUND 101 135,065.94 CENTRAL COUNTY FIRE 201 13,474.86 CAPITAL IMPROVEMENTS FUND 320 13,161.21 WATER CAPITAL PROJECT FUND 326 30,456.56 SEWER CAPITAL PROJECT FUND 327 3,192.78 WATER FUND 526 2,412.87 - SEWER FUND 527 3,933.06 SOLID WASTE FUND 528 53,760.10 PARKING ENTERPRISE FUND 530 2,449.32 SELF INSURANCE FUND 618 13,924.24 FACILITIES SERVICES FUND 619 3,514.31 EQUIPMENT SERVICES FUND 620 1,561.53 OTHER LOCAL GRANTS/DONATIONS 730 3,094.19 TRUST AND AGENCY FUND 731 4,833.34 BURLINGAME TRAIN SHUTTLE PROGRAM 736 1,704.47 UTILITY REVOLVING FUND 896 49,048.28 TOTAL FOR APPROVAL 8335,587.06 v .27/V.s O IiL 1 gol14(,9-4 00 HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 8 INCLUSIVE, AND/OR CLAIMS NUMBERED FROM 15952 THROUGH 16019 INCLUSIVE,TOTALING IN THE AMOUNT OF 8335,587.06, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, .................................... .../.../... FINANCE DIRECTOR DATE APPROVED FOR PAYMENT .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 16018 ALLIED OFFICE SUPPLIES 26138 252.72 OFFICE EXPENSE 252.72 101 65300 110 16019 STRUCTORIS INC. 26139 5,412.00 PROFESSIONAL & SPECIALIZED S 5,412.00 320 80790 210 TOTAL 8335,587.06 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 + 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16013 I.M.P.A.C. GOVERNMENT SERVICES 24752 5,630.40 OFFICE EXPENSE 212.43 101 67500 110 OFFICE EXPENSE 6.18 101 64150 110 MISC. SUPPLIES 39.26 101 67500 120 MISC. SUPPLIES 33.50 101 68010 120 1891 MISC. SUPPLIES 22.46 101 64420 120 MISC. SUPPLIES 196.54 101 68010 120 1521 MISC. SUPPLIES 255.64 101 67500 120 MISC. SUPPLIES 28.95 101 68010 120 1780 MISC. SUPPLIES 18.00 101 68010 120 1100 MISC. SUPPLIES 318.66 101 64100 120 MISC. SUPPLIES 239.40 101 68010 120 1330 MISC. SUPPLIES 97.43 101 64150 120 PERSONNEL EXAMINATIONS 57.00 101 64420 121 LIBRARY--BOOKS AND MAPS 47.96 101 67500 129 UNIFORMS AND EQUIPMENT 119.75 101 68020 140 2200 COMMUNICATIONS 81.62 101 65100 160 EQUIPMENT MAINT. 3.45 101 67500 200 CONTRACTUAL SERVICES 267.08 101 68010 220 1349 DUES & SUBSCRIPTIONS 1,400.00 101 64150 240 TRAVEL & MEETINGS 145.00 101 66100 250 TRAVEL & MEETINGS 26.71 101 69537 250 TRAVEL & MEETINGS 84.50 101 64100 250 TRAVEL & MEETINGS 112.07 101 64150 250 TRAINING EXPENSE 290.00 101 67500 260 TRAINING EXPENSE 143.00 101 66210 260 TRAINING EXPENSE 283.00 526 69020 260 MISC. SUPPLIES 137.49 527 66520 120 DUES & SUBSCRIPTIONS 100.00 527 66520 240 SMALL TOOLS 90.22 620 66700 130 PROFESSIONAL & SPECIALIZED S 169.00 620 66700 210 MISC. SUPPLIES 280.19 730 69583 120 MISC. SUPPLIES 234.00 730 69533 120 MISCELLANEOUS 89.91 731 22553 16014 OFFICE DEPOT 25224 95.47 OFFICE EXPENSE 95.47 201 65200 110 16015 MUSCIO ELECTRIC 25810 47,706.80 CONTRACTUAL SERVICES 47,706.80 528 66600 220 16016 WELLS FARGO FINANCIAL LEASING 25820 153.22 RENTS & LEASES 153.22 526 69020 180 16017 BONFANTE GARDENS 26137 2,720.00 CONTRACTUAL SERVICES 2,720.00 101 68010 220 1212 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 16005 DEWEY SERVICES, INC. 23902 430.00 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5170 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5160 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5110 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5180 PROFESSIONAL & SPECIALIZED S 70.00 619 64460 210 5120 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5150 PROFESSIONAL & SPECIALIZED S 55.00 619 64460 210 5130 16006 DEPARTMENT OF JUSTICE 23905 1,483.00 MISCELLANEOUS 1,483.00 101 23620 16007 DUNBAR ARMORED 23925 2,389.91 BANKING SERVICE FEES 548.70 101 64250 120 MISC. SUPPLIES 1,841.21 530 65400 120 16008 UNIVERSAL BUILDING SERVICES 23941 2,031.06 CONTRACTUAL SERVICES 292.06 619 64460 220 5240 CONTRACTUAL SERVICES 230.00 619 64460 220 5190 CONTRACTUAL SERVICES 1,509.00 619 64460 220 5130 16009 WINZLER & KELLY CONSULTING ENGIN 23992 - 825.00 CONTRACTUAL SERVICES 825.00 320 80520 220 16010 CALIFORNIA WATER SERVICE COMPANY 24249 720.00 . MISCELLANEOUS 720.00 526 69020 233 16011 IMEDD INCORPORATED 24550 12,312.00 TRAINING EXPENSE 12,312.00 201 65200 260 16012 KENNEDY/JENKS CONSULTANTS 24570 20,126.22 PROFESSIONAL & SPECIALIZED S 20,126.22 326 80950 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 4 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15993 AUTO PRIDE CAR WASH 22278 189.15 VEHICLE MAINT. 189.15 201 65200 202 15994 HACH COMPANY 22332 1,043.47 MISCELLANEOUS 1,043.47 526 69020 233 15995 ANZA ENGINEERING 22634 49,990.24 DITCH & CREEK CLEANING EXPEN 49,990.24 101 66210 223 15996 SAN MATEO REGIONAL NETWORK, INC. 22759 735.00 MISCELLANEOUS 300.00 731 22554 UTILITY EXPENSE 435.00 896 20281 15997 JONES AND MAYER 22818 832.00 PROFESSIONAL & SPECIALIZED S 832.00 101 64350 210 15998 ATHENS ADMINISTRATORS 22851 9,733.00 CLAIMS ADJUSTING SERVICES 9,733.00 618 64520 225 15999 CYBERNET CONSULTING, INC. 23234 1,595.00 PROFESSIONAL & SPECIALIZED S 446.60 320 79400 210 PROFESSIONAL & SPECIALIZED S 622.05 326 79400 210 PROFESSIONAL & SPECIALIZED S 526.35 327 79400 210 16000 OFFICE MAX 23306 144.95 PROFESSIONAL & SPECIALIZED S 144.95 101 64560 210 16001 WILCO SUPPLY 23333 404.32 MISC. SUPPLIES 79.16 619 64460 120 5150 MISC. SUPPLIES 16.64 619 64460 120 MISC. SUPPLIES 308.52 619 64460 120 5240 16002 RECALL- TOTAL INFORMATION MGMT 23411 105.00 MISCELLANEOUS 105.00 101 22518 16003 MCMASTER-CARR SUPPLY CO. 23611 150.42 MISC. SUPPLIES 150.42 619 64460 120 16004 INDUSTRIAL PLUMBING SUPPLY 23857 182,89 MISC. SUPPLIES 182.89 619 64460 120 5240 C C CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15979 ANG NEWSPAPERS 19083 133.24 MISC. SUPPLIES 133.24 101 64400 120 15980 WILSEY & HAM 19397 5,788.25 PROFESSIONAL & SPECIALIZED S 5,788.25 320 80900 210 15981 PENINSULA CORRIDOR JOINT 20060 1,704.47 CONTRACTUAL SERVICES 1,704.47 736 64570 220 15982 CONTROL MANUFACTURING CO., INC. 20421 2,462.40 PROFESSIONAL & SPECIALIZED S 689.36 320 79400 210 PROFESSIONAL & SPECIALIZED S 960.18 326 79400 210 PROFESSIONAL & SPECIALIZED S 812.86 327 79400 210 15983 DAPPER TIRE CO., INC. 20464 1,148.39 SUPPLIES 1,148.39 620 15000 15984 FRANKLIN OFFICE SUPPLIES 20523 85.50 OFFICE EXPENSE 85.50 101 64420 110 15985 EIP ASSOCIATES 20526 10,539.02 PROFESSIONAL & SPECIALIZED S 6,355.59 326 80910 210 DEPOSIT REFUND 4,183.43 731 22590 15986 GOLDEN STATE COMMUNICATIONS INC 20634 919.25 COMMUNICATIONS 919.25 101 68020 160 2300 15987 MELANIE MARANI 21132 602.00 CONTRACTUAL SERVICES 602.00 101 68010 220 1331 15988 VALLEY CREST LANDSCAPE MAINT 21316 2,580.00 MISC. SUPPLIES 2,580.00 730 69547 120 15989 TURBO DATA SYSTEMS, INC. 21767 6,446.73 MISCELLANEOUS 6,446.73 101 37010 15990 SAN MATEO COUNTY CONTROLLERS OFF 21897 10,973.50 MISCELLANEOUS 10,973.50 101 37010 15991 CIRCLEPOINT 21986 2,392.52 PROFESSIONAL & SPECIALIZED S 2,392.52 326 80770 210 15992 ROBERTS AND BRUNE 22178 3,340.54 MISC. SUPPLIES - 3,340.54 527 66520 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 2 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15967 FORTE PRESS CORP. 13759 975.34 OFFICE EXPENSE 592.13 101 65100 110 MISC. SUPPLIES 59.54 101 65100 120 ,. EQUIPMENT MAINT. 323.67 530 65400 200 15968 ARLENE CASTRO 15242 1,656.11 MISC. SUPPLIES 1,656.11 101 68010 120 1521 15969 CINTAS CORP. #464 16911 670.67 UNIFORMS AND EQUIPMENT 670.67 101 68020 140 .2200 15970 COLORPRINT 17497 839.83 PROFESSIONAL & SPECIALIZED S 58.26 101 64560 210 MISC. SUPPLIES 781.57 327 81150 120 15971 DON CHESNEY 18143 387,24 TRAINING EXPENSE 387.24 201 65200 260 15972 SIERRA MORENO MERCANTILE CO. 18357 276.58 SMALL TOOLS 276.58 101 68020 130 2300 15973 ESPOSTO'S RED CARPET CATERING 18385 1,084,12 MISC. SUPPLIES 206.03 101 65100 120 COMMUNICATIONS 247.24 101 65150 160 TRAVEL & MEETINGS 206.03 101 65100 250 MISC. SUPPLIES 164.82 530 65400 120 MISCELLANEOUS 260.00 731 22542 15974 MILLS-PENINSULA HEALTH SERVICES 18546 25,000.00 MISCELLANEOUS 25,000.00 101 22546 15975 KLEINFELDER, INC 18684 6,036.50 PROFESSIONAL & SPECIALIZED S• 6,036.50 528 66600 210 15976 ACCESS UNIFORMS & EMBROIDERY 18990 118.58 UNIFORMS AND EQUIPMENT 118.58 527 66520 140 15977 PREFERRED ALLIANCE 19025 211,20 PERSONNEL EXAMINATIONS 211.20 101 64420 121 15978 PRUDENTIAL OVERALL SUPPLY 19027 1,032.62 UNIFORMS AND EQUIPMENT 226.23 101 66210 140 UNIFORMS AND EQUIPMENT 213.18 526 69020 140 UNIFORMS AND EQUIPMENT 226.22 527 66520 140 UNIFORMS AND EQUIPMENT 16.80 528 66600 140 UNIFORMS AND EQUIPMENT 196.27 619 64460 140 UNIFORMS AND EQUIPMENT 153.92 620 66700 140 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/20/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 15952 LEAGUE OF CALIFORNIA CITIES + 01745 8,885.00 DUES & SUBSCRIPTIONS 8,885.00 101 64560 240 15953 GRANITE ROCK COMPANY 02261 2,000.56 STREET RESURFACING EXPENSE 2,000.56 101 66210 226 15954 K & W DISCOUNT LIGHTING & SUPP 02645 119.35 MISC. SUPPLIES - 119.35 619 64460 120 15955 P. G. & E. 03054 48,452.74 GAS & ELECTRIC 10.23 527 66520 170 UTILITY EXPENSE 48,442.51 896 20280 15956 SBC 03080 170.77 UTILITY EXPENSE 170.77 896 20281 15957 CITY OF SAN MATEO 03366 5,915.31 CONTRACTUAL SERVICES 5,915.31 101 66100 220 15958 TIMBERLINE TREE SERVICE, INC. 03760 2,802.32 CONTRACTUAL SERVICES 2,802.32 101 68020 220 2300 15959 WEST GROUP PAYMENT CTR. 03964 370.79 PROFESSIONAL & SPECIALIZED S 370.79 101 64350 210 15960 POM INC. 09248 119.62 EQUIPMENT MAINT. 119.62 530 65400 200 15961 TESTING ENGINEERS, INC. 09270 1,072.00 PROFESSIONAL & SPECIALIZED S 1,072.00 327 81150 210 15962 ABAG - LIABILITY 09518 4,191.24 CLAIMS PAYMENTS 4,191.24 618 64520 601 15963 INTERSTATE TRAFFIC 09790 4,188.52 TRAFFIC CONTROL MATERIALS 4,188.52 101 66210 222 15964 GARY M. OLSON, PH.D. 09902 300.00 PERSONNEL EXAMINATIONS 300.00 101 64420 121 15965 LEONA MORIARTY 09979 1,710.00 CONTRACTUAL SERVICES 1,710.00 101 68010 220 1644 15966 TELECOMMUNICATIONS ENGINEERING A 10101 491.00 CONTRACTUAL SERVICES 491.00 201 65200 220 CITY OF BURLINGAME 12-15-2005 WARRANT REGI ST ER PAGE 14 FUND RECAP - 05-06 NAME FUND AMOUNT GENERAL FUND 101 96,278.49 PAYROLL REVOLVING FUND 130 2,297.60 CENTRAL COUNTY FIRE 201 11,162.85 CAPITAL IMPROVEMENTS FUND 320 61,958.88 SEWER CAPITAL PROJECT FUND 327 87,119.53 WATER FUND 526 194,893.17 SEWER FUND 527 60,647.02 PARKING ENTERPRISE FUND 530 4,667.05 SELF INSURANCE FUND 618 27,153.15 FACILITIES SERVICES FUND 619 20,851.87 EQUIPMENT SERVICES FUND 620 3,006.29 INFORMATION SERVICES FUND 621 40,793.25 FIRE MECHANIC SERVICES FUND 625 1,227.32 OTHER LOCAL GRANTS/DONATIONS 730 1,067.13 TRUST AND AGENCY FUND 731 3,557.66 bL* TOTAL FOR APPROVAL 8616,681.26� �5 g a I'to-y1SNv/ 7 L 1(0l G'fl.vel fo '�I S S ? .7 / TLT�9 / `I HONORABLE MAYOR AND CITY COUNCIL: THIS IS TO CERTIFY THAT THE CLAIMS LISTED ON PAGES NUMBERED FROM 1 THROUGH 14 I INCLUSIVE, AND/OR CLAIMS NUMBERED FROM- 15774 THROUGH 15951 INCLUSIVE,TOTALING IN THE AMOUNT OF 8616,681.26, HAVE BEEN CHECKED IN DETAIL AND APPROVED BY THE PROPER OFFICIALS, AND IN MY OPINION REPRESENT FAIR AND JUST CHARGES AGAINST THE CITY IN ACCORDANCE WITH THEIR RESPECTIVE AMOUNTS AS INDICATED THEREON. RESPECTFULLY SUBMITTED, �� �7YI✓.-� �{� .�L.F Lei ................................... ... FINANCE DIRECTOR DATE I I -CpTa L //1.� APPROVED FOR PAYMENT P'I P �U" 5731 0?j3. .................................... .../.../... COUNCIL DATE CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 13 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15938 ELLISON EDUCATIONAL EQUIPMENT 21818 43.30 MISC. SUPPLIES 43.30 101 67500 120 15939 SHOWCASES 21931 269.57 MISC. SUPPLIES 269.57 101 67500 120 15940 UNISOURCE WORLDWIDE INC. 22188 1 ,027.83 BLDG. & GROUNDS MAINT. 1 ,027.83 101 67500 190 15941 UNDERGROUND CONSTRUCTION MANAGER 22305 181630.00 PROFESSIONAL & SPECIALIZED S 181630.00 320 80520 210 15942 CALIFORNIA LIBRARY ASSOCIATION 22551 750.00 DUES & SUBSCRIPTIONS 750.00 101 67500 240 15943 KONICA MINOLTA BUSINESS SOLUTION 22803 135.00 EQUIPMENT MAINT. 135.00 101 67500 200 15944 AMY GETTLE 22814 259.71 OFFICE EXPENSE 259.71 101 67500 110 15945 CLEAR SOLUTIONS INC. 22889 69.28 MISC. SUPPLIES 69.28 101 67500 120 15946 PENINSULA LIBRARY SYSTEM 23983 2,036.00 EQUIPMENT MAINT. 120.00 101 67500 209 CONTRACTUAL SERVICES 1 ,916.00 101 67500 220 15947 QUILL 24090 147.54 OFFICE EXPENSE 147.54 101 67500 110 15948 CINGULAR WIRELESS 24607 215.47 COMMUNICATIONS 215.47 101 67500 160 15949 XEROX CORPORATION 24635 601 .86 LIBRARY EXPENSES 601 .86 731 22531 15950 MS- III CO. 25195 423. 15 LIBRARY--PERIODICALS 423.15 101 67500 122 15951 OFFICE DEPOT 25487 499.99 MISCELLANEOUS 371 .38 101 67500 235 LIBRARY EXPENSES 128.61 731 22531 TOTAL $616,681 .26 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 12 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written checks 15925 USPS-HASLER 26134 5,000.00 MISCELLANEOUS 5,000.00 101 15500 15926 MINORITY EDUCATION&EMPLOYMENT 26135 350.00 MISC. SUPPLIES 350.00 320 81120 120 15927 BAKER AND TAYLOR, INC. 01190 11,467.63 LIBRARY CATALOGING EXPENSE 738.44 101 67500 124 LIBRARY--BOOKS AND MAPS 10,729.19 101 67500 129 15928 BURLINGAME STATIONERS 01676 253.70 OFFICE EXPENSE 253.70 101 67500 110 15929 DEMCO, INC. 02043 47.92 MISC. SUPPLIES 47.92 101 67500 120 15930 MILLBRAE LUMBER CO. 02898 16.05 BLDG. &GROUNDS MAINT. 16.05 101 67500 190 15931 OCLC,INC. 03033 355.00 LIBRARY--BOOKS AND MAPS 355.00 101 67500 129 15932 VALLEY LIBRARY BINDERY 03875 140.73 LIBRARY--BOOK BINDING 140.73 101 67500 123 15933 BURLINGAME PUBLIC LIBRARY 09490 946.38 MISCELLANEOUS 45.20 101 36320 OFFICE EXPENSE 44.81 101 67500 110 MISC. SUPPLIES 495.29 101 67500 120 LIBRARY--PERIODICALS 70.00 101 67500 122 LIBRARY--BOOKS AND MAPS 174.37 101 67500 129 TRAVEL&MEETINGS 62.71 101 67500 250 STAFF&MEETINGS 54.00 101 67500 252 15934 EBSCO SUBSCRIPTION SERVICES 13765 466.03 LIBRARY--PERIODICALS 466.03 101 67500 122 15935 BAKER AND TAYLOR ENTERTAINMENT 18420 2,473.23 LIBRARY CATALOGING EXPENSE 481.20 101 67500 124 LIBRARY--RECORDS AND CASSETT 1,992.03 101 67500 125 15936 FRANKLIN OFFICE SUPPLIES 20523 31.47 BLDG. &GROUNDS MAINT. 31.47 101 67500 190 15937 CDW GOVERNMENT, INC. 21482 2,250.87 MISCELLANEOUS 1,147.21 101 67500 235 MISCELLANEOUS 1,103.66 101 67500 400 C CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 11 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15909 JANET YEE 26118 51.00 MISCELLANEOUS 51.00 101 36330 000 1644 15910 TONY URENA 26119 900.00 MISCELLANEOUS 900.00 101 22593 15911 DIMITRI RALLY 26120 13.00 MISCELLANEOUS 13.00 101 36330 000 1349 15912 LAUREL TANG 26121 152.00 MISCELLANEOUS 152.00 101 36330 000 1349 15913 KEVIN SULLIVAN 26122 425.00 MISCELLANEOUS 425.00 101 22525 15914 JEANETTE 13ARRACO 26123 300.00 DEPOSIT REFUNDS 300.00 101 22520 15915 ASSOCIATED CONCRETE 26124 300.00 DEPOSIT REFUNDS 300.00 101 22520 15916 SEAMUS SHANNON 26125 300.00 DEPOSIT REFUNDS 300.00 101 22520 1591.7 DAVID LUNG 26126 1,015.00 MISCELLANEOUS 1,015.00 101 22525 15918 KEVIN VILLEGIANTE 26127 1,020.00 MISCELLANEOUS 1,020.00 101 22525 15919 RYAN HARBER 26128 715.00 MISCELLANEOUS 715.00 101 22546 15920 FRED FABER 26129 693.00 MISCELLANEOUS 693.00 101 22546 15921 UNDERGROUND CONSTRUCTION 26130 931.41 MISCELLANEOUS 931.41 526 22502 15922 LYNN PEAVEY COMPANY 26131 134.80 MISCELLANEOUS -9.86 101 23611 MISC. SUPPLIES 144.66 101 65100 120 15923 C&A BROWN CO. 26132 194.47 MISC. SUPPLIES 194.47 619 64460 120 5150 15924 WOODSTOCK DEVELOPMENT 26133 136.62 MISCELLANEOUS 136.62 526 36730 CITY OF BURLINGAME WARRANT REG I ST ER PAGE 10 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT �•� Denotes Hand Written Checks 15893 DOWNTOWN BURLINGAME IMPROVEMENT 25058 1,955.15 CONTRACTUAL SERVICES 1,955.15 530 65400 220 15894 ADVANCED MOBILE COMMUNICATIONS 25198 241.14 RADIO MAINT. 241.14 201 65200 205 15895 PAUL O'NEILL 25300 1,028.10 EMPLOYEE BENEFITS 1,028.10 130 20060 15896 LORAL LANDSCAPING 25394 160.00 BLDG. 8 GROUNDS MAINT. 160.00 101 66210 190 15897 OFFICE DEPOT 25488 81.08 OFFICE EXPENSE 81.08 101 64100 110 15898 FUJITSU NETWORK COMMUNICATIONS, 25630 15,618.84 MISCELLANEOUS -1,346.14 320 23611 CAPITAL EQUIPMENT 16,964.98 320 80420 800 15899 FORBAIRT LLC 25684 9,130.00 MISCELLANEOUS 9,130.00 101 22546 15900 LYNDA POULTON 25772 275.00 EMPLOYEE BENEFITS 275.00 130 20060 15901 HASLER FINANCIAL SERVICES, LLC 25852 1,024.92 CITY HALL MAINTENANCE 1,024.92 621 64450 200 15902 EDMOND-S PLAZA FLORIST 26041 69.28 MISC. SUPPLIES 69.28 101 65100 120 15903 HEIDI LEUPP 26056 40.00 MISCELLANEOUS 40.00 101 36330 000 1422 15904 NATHAN FABEL 26113 104.50 CONTRACTUAL SERVICES 104.50 101 68010 220 1780 15905 DRIVER ALLIANT INSURANCE 26114. 25,806.25 INSURANCE PREMIUMS 25,806.25 618 64520 602 15906 ROLO CONSULTING CO 26115 80.00 POLICE INVESTIGATION EXPENSE 80.00 101 65100 292 15907 PETER BASSFORD 26116 800.00 CONTRACTUAL SERVICES 800.00 101 68010 220 1349 15908 STEVEN LEWAN 26117 225.00 MISCELLANEOUS 225.00 101 22593 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 9 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15880 SPECIAL D CONCRETE CO. 24266 300.00 DEPOSIT REFUNDS 300.00 101 22520 15881 IMEDD INCORPORATED 24550 219.85 MISCELLANEOUS 219.85 618 64520 234 15882 BRYAN ROSENBERG 24631 252.00 _ CONTRACTUAL SERVICES 252.00 101 68010 220 1780 15883 CENTER HARDWARE 24656 65.58 MISC. SUPPLIES 65.58 619 64460 120 5190 15884 DATA 911 24689 689.55 CAPITAL EQUIPMENT 689.55 620 66700 800 15885 I.M.P.A.C. GOVERNMENT SERVICES 24752 3,521.50 OFFICE EXPENSE 34.55 201 65200 110 MISC. SUPPLIES 380.85 201 65200 120 BLDG. & GROUNDS MAINT. 207.06 201 65200 190 FIRE APPARATUS MAINT. 24.79 201 65200 203 TRAINING EXPENSE 665.48 201 65200 260 FIRE APPARATUS MAINT. 436.48 625 65213 203 MISCELLANEOUS 1,772.29 731 22557 15886 GAIRD SCHLESINGER 24771 3,000.00 DEPOSIT REFUNDS 3,000.00 101 22520 15887 BRIAN MCKAGUE 24778 86.00 EMPLOYEE BENEFITS 86.00 130 20060 15888 SHIRLEY LADDY 24826 141.00 EMPLOYEE BENEFITS 141.00 130 20015 15889 T MOBILE 24846 30.88 COMMUNICATIONS 30.88 101 65150 160 15890 EXCEL FITNESS SOLUTIONS 24854 325.00 EQUIPMENT MAINT. 325.00 201 65200.200 15891 A.L.D. COMPANY INC 24897 2,197.03 OFFICE EXPENSE 732.34 101 65100 110 MISC. SUPPLIES 732.34 101 65100 120 EQUIPMENT MAINT. 732.35 101 65100 200 15892 S AND S SUPPLIES & SOLUTIONS 24963 63.66 MISC. SUPPLIES 63.66 101 66210 120 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 8 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15867 LISA ZARUBIN 23396 525.73 MISC. SUPPLIES 525.73 101 64420 120 15868 STEVEN PORTER 23405 539.00 EMPLOYEE BENEFITS 539.00 130 20060 15869 CANON FINANCIAL SERVICES, INC. 23436 1,573.15 CITY HALL MAINTENANCE 1,573.15 621 64450 200 15870 PACIFIC PARKING SYSTEMS, INC. 23462 769.30 EQUIPMENT MAINT. . 769.30 530 65400 200 15871 CRESCO EQUIPMENT RENTALS 23470 84.43 MISC. SUPPLIES 84.43 101 66210 120 15872 EPS, INC. 23547 47,161.89 CONTRACTUAL SERVICES 47,161.89 327 81430 220 15873 AT&T 23661 25.90 COMMUNICATIONS 25.90 621 64450 160 15874 SBC/MCI 23728 23.36 COMMUNICATIONS 23.36 621 64450 160 15875 UNIVERSAL BUILDING SERVICES 23941 13,559.00 CONTRACTUAL SERVICES 465.00 619 64460 220 5121 CONTRACTUAL SERVICES 358.00 619 64460 220 5170 CONTRACTUAL SERVICES 874.00 619 64460 220 5190 CONTRACTUAL SERVICES 2,176.00 619 64460 220 5130 CONTRACTUAL SERVICES 145.00 619 64460 220 5230 CONTRACTUAL SERVICES 3,974.00 619 64460 220 5180 CONTRACTUAL SERVICES 2,802.00 619 64460 220 5240 CONTRACTUAL SERVICES 958.00 619 64460 220 5210 CONTRACTUAL SERVICES 1,807.00 619 64460 220 5110 15876 NEXTEL COMMUNICATIONS 23946 187.13 COMMUNICATIONS 187.13 619 64460 160 15877 SOUTH SAN FRANCISCO TIRE SERVICE 23950 408.87 SUPPLIES 408.87 620 15000 15878 QUILL 24090 193.88 OFFICE EXPENSE 193.88 621 64450 110 15879 J&L CONSTRUCTION,INC. 24256 6,640.38 PROFESSIONAL & SPECIALIZED S 4,173.30 320 80790 210 PROFESSIONAL & SPECIALIZED S 2,467.08 619 64460 210 5160 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 7 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '*4 Denotes Hand Written Checks 15854 ROBERTS AND BRUNE 22178 3,717.86 MISC. SUPPLIES 3,717.86 526 69020 120 15855 ANDERSON PACIFIC ENGINEERING CON 22387 20,653.00 CONTRACTUAL SERVICES 20,653.00 320 80520 220 15856 TECHNOLOGY,ENGINEERING 8 CONSTRU 22435 500.00 MISC. SUPPLIES 500.00 620 66700 120 15857 CSG CONSULTANTS 22465 2,465.00 MISCELLANEOUS 680.00 201 35221 000 7100 MISCELLANEOUS 1,785.00 201 35220 000 7100 15858 WEST COAST WILDLANDS 22622 9,160.00 CONTRACTUAL SERVICES 9,160.00 527 66520 220 15859 JAMES YARBOROUGH 22793 315.00 CONTRACTUAL SERVICES 315.00 101 68010 220 1780 15860 T. RANDOLPH GRANGE 23112 625.00 MISCELLANEOUS 625.00 731 22525 15861 TLC ADMINISTRATORS 23156 175.00 MISCELLANEOUS 175.00 101 64420 031 15862 BOB MALLAMO 23173 116.00 EMPLOYEE BENEFITS 116.00 130 20015 15863 SIERRA OFFICE SUPPLIES 23301 1,054.16 OFFICE EXPENSE 58.99 101 64350 110 OFFICE EXPENSE -28.68 101 66210 110 OFFICE EXPENSE 104.09 101 64150 110 OFFICE EXPENSE 162.88 101 65300 110 MISC. SUPPLIES 165.09 101 66210 120 MISC. SUPPLIES 313.68 526 69020 120 OFFICE EXPENSE 278.11 527 66520 110 15864 OFFICE MAX 23306 255.05 OFFICE EXPENSE 255.05 101 68010 110 1101 15865 UNIVERSAL SPECIALTIES, INC. 23311 360.02 MISC. SUPPLIES 360.02 619 64460 120 5150 15866 THE PRACTICAL SOLUTIONS GROUP 23367 3,600.00 TRAINING EXPENSE 1,800.00 526 69020 260 TRAINING EXPENSE 1,800.00 527 66520 260 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 6 12/15/05 . NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15841 DELL MARKETING L.P. 20900 5,971.34 CAPITAL EQUIPMENT 5,971.34 621 64450 800 15842 RENEE RAMSEY 21136 293.25 j CONTRACTUAL SERVICES 293.25 101 68010 220 1331 15843 QUICK MIX CONCRETE 21140 1,405.40 MISC. SUPPLIES 1,145.48 101 66210 120 MISC. SUPPLIES 259.92 526 69020 120 -- 15844 CES 21210 241.39 MISC. SUPPLIES 241.39 101 64350 120 15845 THYSSENKRUPP ELEVATOR-042 21240 2,215.96 CONTRACTUAL SERVICES 1,326.39 619 64460 220 5120 CONTRACTUAL SERVICES 221.64 619 64460 220 5130 CONTRACTUAL SERVICES 667.93 619 64460 220 5110 15846 CDW GOVERNMENT, INC. 21482 397.55 OFFICE EXPENSE 77.12 101 66100 110 SMALL TOOLS 62.25 101 65300 130 OFFICE EXPENSE 88.10 619 64460 110 OFFICE EXPENSE 170.08 621 64450 110 15847 DU-ALL SAFETY 21613 2,736.25 PROFESSIONAL & SPECIALIZED S 1,050.00 101 64420 210 TRAINING EXPENSE 505.87 101 66210 260 TRAINING EXPENSE 505.88 526 69020 260 TRAINING EXPENSE 505.87 527 66520 260 TRAINING EXPENSE 168.63 619 64460 260 15848 STAR COFFEE INC. 21623 173.00 BLDG. & GROUNDS MAINT. 173.00 621 64450 190 15849 TRACY SIRI 21685 129.00 CONTRACTUAL SERVICES 129.00 101 68010 220 1645 15850 SAN MATEO COUNTY CONTROLLERS OFF 21897 4,458.00 DUES & SUBSCRIPTIONS 4,458.00 101 64560 240 15851 IEDA 21981 2,426.32 DUES & SUBSCRIPTIONS 2,426.32 101 64420 240 15852 JULIE O'BRIEN 22087 64.00 MISCELLANEOUS 64.00 101 36330 000 1782 15853 EXPRESS PLUMBING 22092 300.00 DEPOSIT REFUNDS 300.00 101 22520 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 5 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15826 STADAM & ASSOCIATES 18275 425.00 CONTRACTUAL SERVICES 425.00 101 68010 220 1780 15827 RALF SINGER 18476 2,319.00 CONTRACTUAL SERVICES 2,319.00 101 68010 220 1660 - 15828 VERIZON WIRELESS MESSAGING SERVI 18763 65.26 COMMUNICATIONS 21.75 101 66210 160 COMMUNICATIONS 21.75 526 69020 160 COMMUNICATIONS 21.76 527 66520 160 15829 DEAN'S AUTO BODY & 18795 700.88 EQUIPMENT MAINT. 700.88 101 65100 200 15830 PRUDENTIAL OVERALL SUPPLY 19027 195.52 CONTRACTUAL SERVICES 195.52 201 65200 220 15831 ANG NEWSPAPERS 19083 58.25 , PUBLICATIONS & ADVERTISING 58.25 101 64200 150 15832 PRIORITY 1 19239 60.47 EQUIPMENT MAINT. 60.47 101 65100 200 15833 GARY PARTEE 19249 1,857.50 MISCELLANEOUS 1,857.50 101 22546 15834 BURTON'S FIRE, INC. 19366 14.26 FIRE APPARATUS MAINT. 14.26 201 65200 203 15835 GE CAPITAL 20216 379.75 OFFICE EXPENSE 94.93 101 68020 110 2100 CONTRACTUAL SERVICES 284.82 101 68010 220 1101 15836 AFFINITEL COMMUNICATIONS 20246 632.50 COMMUNICATIONS 632.50 621 64450 160 15837 DAPPER TIRE CO., INC. 20464 143.87 SUPPLIES 143.87 620 15000 15838 CWEA - CALIFORNIA WATER 20631 746.00 TRAINING EXPENSE 746.00 527 66520 260 15839 SPRINT PCS 20724 312.45 MISCELLANEOUS 312.45 731 22554 15840 JEFF DOWD 20779 57.00 CONTRACTUAL SERVICES 57.00 101 68010 220 1785 CITY OF BURLINGAME W A R R A N T R E G I S T ER PAGE 4 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT '*' Denotes Hand Written Check's 15812 THE ADAM-HILL COMPANY 11571 191.06 FIRE APPARATUS MAINT. 191.06 625 65213 203 15813 INTERSTATE BATTERY SYSTEM 13689 496.27 FIRE APPARATUS MAINT. 496.27 625 65213 203 15814 FORTE PRESS CORP. 13759 1,738.50 MISC. SUPPLIES 59.54 530 65400 120 EQUIPMENT MAINT. 1,678.96 530 65400 200 15815 LAERDAL MEDICAL CORP. 15055 377.02 MISCELLANEOUS 377.02 201 22585 15816 AIR EXCHANGE, INC 15625 523.98 PROFESSIONAL & SPECIALIZED S 523.98 619 64460 210 5150 15817 HITECH SYSTEMS, INC. 15712 5,472.00 CONTRACTUAL SERVICES 5,472.00 101 65100 220 15818 VALLEY OIL CO. 15764 2,139.54 GAS, OIL & GREASE 2,139.54 201 65200 201 15819 TEAM CLEAN 15827 454.07 CONTRACTUAL SERVICES 454.07 201 65200 220 15820 MOSS RUBBER & EQUIPMENT CORP. 16225 49.54 SUPPLIES 49.54 620 15000 15821 GOLDEN NURSERY 17128 27.21 MISC. SUPPLIES 27.21 526 69020 120 15822 METRO MOBILE COMMUNICATIONS 17402 1,187.54 OFFICE EXPENSE 270.63 101 65100 110 COMMUNICATIONS 469.49 101 65100 160 RADIO MAINT. 447.42 201 65200 205 15823 COLORPRINT 17497 248.44 OFFICE EXPENSE 49.52 101 64200 110 OFFICE EXPENSE 49.53 101 66100 110 'MISC. SUPPLIES 149.39 101 66210 120 15824 LEE & ASSOCIATES 17568 1,960.96 FIRE APPARATUS MAINT. 1,960.96 201 65200 203 15825 DUKE'S SALES & SERVICE, INC 18082 44,126.40 PROFESSIONAL & SPECIALIZED S 22,063.20 327 80730 210 PROFESSIONAL & SPECIALIZED S 22,063.20 527 66520 210 CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 3 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 15801 ENTERTAINMENT PUBLICATIONS,INC. 09338 1,975.00 CONTRACTUAL SERVICES 1,975.00 101 68010 220 1212 15802 LIFE ASSIST 09392 117.45 MISCELLANEOUS 117.45 731 22554 15803 SAN MATEO COUNTY SHERIFF'S OFC. 09433 1,369.00 CONTRACTUAL SERVICES 1,369.00 101 65100 220 15804 SIERRA PACIFIC TURF SUPPLY 09459 1,558.80 MISC. SUPPLIES 1,558.80 101 68020 120 2200 15805 CALLANDER ASSOCIATES 09461 2,533.74 PROFESSIONAL & SPECIALIZED S 2,533.74 320 81090 210 15806 NOEL L. MILLER, INC, 09499 520.00 VEHICLE MAINT. 130.00 201 65200 202 SUPPLIES 390.00 620 15000 - 15807 ABAG - LIABILITY 09518 1,127.05 PROFESSIONAL & SPECIALIZED S 1,127.05 618 64520 210 15808 SAN MATEO LAWN MOWER SHOP 09560 321.25 EQUIPMENT MAINT. 321.25 101 68020 200 2200 15809 ORCHARD SUPPLY HARDWARE 09670 1,012.87 MISC. SUPPLIES 103.48 101 66210 120 MISC. SUPPLIES 270.81 101 68020 120 2200 SMALL TOOLS 163.47 101 68020 130 2200 BLDG. & GROUNDS MAINT. 20.73 101 68020 190 2200 MISCELLANEOUS 16.83 101 68020 192 2200 TRAFFIC CONTROL MATERIALS -8.69 101 66210 222 MISC. SUPPLIES 16.17 201 65200 111 SMALL TOOLS 46.58 201 65200 130 FIRE APPARATUS MAINT. 58.97 201 65200 203 MISC. SUPPLIES 76.60 526 69020 120 MISC. SUPPLIES 4.74 527 66520 120 MISC. SUPPLIES -12.53 619 64460 120 MISC. SUPPLIES 206.00 619 64460 120 5180 MISC. SUPPLIES 25.95 619 64460 120 MISC. SUPPLIES 23.76 619 64460 120 5210 15810 AUGUST SUPPLY, INC 10256 682.95 MISC. SUPPLIES 682.95 201 65200 111 15811 MEYERS, NAVE, RIBACK, SILVER 11101 207.90 PROFESSIONAL & SPECIALIZED S 207.90 101 64350 210 CITY OF BURLINGAME - W A R R A N T R E G I S T E R PAGE 2 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT *� Denotes Hand Written Checks 15787 PACIFIC NURSERIES 03041 1,067.13 MISC. SUPPLIES 1,067.13 730 69560 120 15788 PATTERSON PARTS, INC 03106 325.12 SUPPLIES 73.00 620 15000 SMALL TOOLS 148.61 620 66700 130 FIRE APPARATUS MAINT. 103.51 625 65213 203 15789 R & S ERECTION OF 03234 263.84 MISC. SUPPLIES 190.36 619 64460 120 5150 MISC. SUPPLIES 73.48 619 64460 120 5130 15790 SAN FRANCISCO WATER DEPT. 03353 186,465.76 WATER PURCHASES 186,465.76 526 69020 171 15791 INFORMATION SERVICES DEPT. 03378 1,913.42 CONTRACTUAL SERVICES 1,913.42 101 65150 220 15792 SAN MATEO COUNTY ENVIRONMENTAL 03380 1,423.00 GAS, OIL & GREASE 889.00 101 65100 201 MISC. SUPPLIES 534.00 620 66700 120 15793 TIMBERLINE TREE SERVICE, INC. 03760 1,949.44 CONTRACTUAL SERVICES 1,949.44 101 68020 220 2300 15794 WITMER•TYSON IMPORTS, INC. 03788 350.00 TRAINING EXPENSE 350.00 101 65100 260 15795 WEST GROUP PAYMENT CTR. 03964 477.09 MISC. SUPPLIES 477.09 101 64350 120 15796 B.E.I. ELECTRICAL SUPPLIES 09072 75.71 MISC. SUPPLIES 75.71 619 64460 120 5150 15797 LYNGSO GARDEN MATERIALS 09143 1,716.46 MISC. SUPPLIES 1,200.57 101 66210 120 MISC. SUPPLIES 368.05 101 68020 120 2200 SIDEWALK REPAIR EXPENSE 147.84 101 66210 219 15798 FRANK ERBACHER 09195 112.50 EMPLOYEE BENEFITS 112.50 130 20015 15799 CITY OF MILLBRAE 09234 3,152.82 PROFESSIONAL & SPECIALIZED S 3,152.82 101 64350 210 15800 POM INC. 09248- 204.10 EOUIPMENT MAINT. 204.10 530 65400 200 C \ \ CITY OF BURLINGAME W A R R A N T R E G I S T E R PAGE 1 12/15/05 NUMBER NAME VENDOR DETAIL ACCOUNT AMOUNT Denotes Hand Written Checks 15774 GRAY 'S PAINT, BURLINGAME 01025 299.72 MISC. SUPPLIES 227.84 526 69020 120 MISC. SUPPLIES 49. 17 619 64460 120 5110 MISC. SUPPLIES 22.71 619 64460 120 5160 15775 BURLINGAME CHAMBER OF COMMERCE 01637 2,301 .63 CONTRACTUAL SERVICES 2,301 .63 101 64560 220 15776 BURLINGAME STATIONERS 01676 58.35 OFFICE EXPENSE 58.35 101 68010 110 1101 15777 CITY OF EDWOOD CITY 01862 31 ,005. 12 COMMUNICATIONS 300.00 621 64450 160 CITY HALL MAINTENANCE 301705. 12 621 64450 220 15778 L. N. CURTIS & SONS 02027 295.52 UNIFORMS AND EQUIPMENT 295.52 201 65200 140 15779 VEOLIA WATER 02110 43,961 .78 PROFESSIONAL & SPECIALIZED S 17,894.44 327 79480 210 BLDG. & GROUNDS MAINT. 12,292.86 527 66530 190 PROFESSIONAL & SPECIALIZED S 12,562.50 527 66530 210 CAPITAL EQUIPMENT 1 ,211 .98 527 66530 800 15780 GRANITE ROCK COMPANY 02261 150.46 STREET RESURFACING EXPENSE 150.46 101 66210 226 15781 IRVINE & JACHENS INC. 02599 176. 12 MISC. SUPPLIES 176.12 101 65150 120 15782 PENINSULA BATTERIES 02625 68.85 SUPPLIES 68.85 620 15000 15783 K & W DISCOUNT LIGHTING & SUPP 02645 344.94 MISC. SUPPLIES 344.94 619 64460 120 5250 15784 LAWSON PRODUCTS, INC. 02755 185.79 SMALL TOOLS 185.79 526 69020 130 15785 MILLBRAE LUMBER CO. 02898 515.50 MISC. SUPPLIES 200.90 101 66210 120 SIDEWALK REPAIR EXPENSE 52.25 101 66210 219 TRAFFIC CONTROL MATERIALS 17. 13 101 66210 222 MISC. SUPPLIES 222.85 526 69020 120 MISC. SUPPLIES 22.37 619 64460 120 5180 15786 MEG MONROE 02936 214.95 MISCELLANEOUS 214.95 101 64400 031 ARYAM5MIE CITY AGENDA ITEM # 9f MTG. STAFF REPORT DATE 01 /17/06 GIj I qMaTEo .'YxE d TO: Honorable Mayor and Council SUBMITTED �/ BY DATE: January 12, 2006 AP BY 1 FROM: Larry E. Anderson, City Attorney SUBJECT: APPOINTMENT OF FRANKIE MEYER TO THE BURLINGAME AVENUE AREA BUSINESS IMPROVEMENT DISTRICT (BID) ADVISORY BOARD RECOMMENDATION: Accept nomination of Frankie Meyer by the Burlingame Avenue (BID) and appoint Ms. Meyer to the Advisory Board to serve an unexpired term to January 2007. DISCUSSION: In September, the Council approved Ordinance No. 1761 providing that vacancies on the Burlingame Avenue Area BID Advisory Board would be filled by Council appointment on nomination by the Advisory Board. The Advisory Board has nominated Frankie Meyer of Meyer-Bunje, Lorton Avenue, to fill one of the vacancies on the Board. Ms. Meyer's appointment would be for an unexpired term to January 2007. As the Council knows, the Board has been short-handed, and this appointment would help the Board extend its representation and capability. Ms. Meyer has been operating a successful downtown business for over ten years and has been an active volunteer serving on the Chamber of Commerce and participating in other downtown efforts. Distribution Cheryl Enright Economic Study: Interviews (January 17, 2006) The names below are grouped by primary characteristic. We have tried to indicate other overlapping memberships, so that one interview may cover more than one perspective on the downtown economy. An * appears next to the names of key informants which the enconomic team felt could have unique information for them. Business proprietors who also own property: Maureen O'Rourke/Meg Patt, Towels Restaurant and Burlingame homeowner Sam Malouf, Malouf s Clothing store, also DBID and Burlingame homeowner Kathleen Galligher, Safeway Corporation * Mark Lucchesi, Mollie Stone's *, also Chamber Board and Burlingame homeowner Jason Tolou,Fox Mall, law offices in mall Alternate: Scheherezade Sharabianlou, PIP Printing Cliff Woods, Chicken!Chicken! Business proprietors,tenants: Janet Martin, The Studio Shop (frame shop) and Burlingame homeowner Michael Beatrice or Mike Hislop, Il Fornaio Restaurant(415) 986-1505 * Martin Dreiling, architect (business next to Broadway commercial area), B'gme homeowner Frankie Meyer, dress shop, DBID Board, active in Chamber, and B'gme Ave. Merch. Ass Greg Mendel, Kern's Jewelry Alternate: Dr. Tanisawa, Fox Mall, office second floor of mall and Burlingame homeowner Mark Hudak, attorney, office on Park Road, Chamber of Commerce Melissa Nelson Brown, service business General Appliances owner on Howard Multiple Property owners (manage own property): Karim Salma, Crosby Commons and 1100 Burlingame Ave Duffy Offield Joe Karp Alternate: Stanley Lo Property Manager: Mike Berrube, Mike Berrube Real Estate Kevin Cullinane, SC Properties (commercial) (650) 342-3030 Alternate: Ross Bruce, AVR Realty located on Broadway(manages multiple family residential) Business proprietors who live in the downtown: Tina Armstrong, stationary store owner and downtown resident Alternate: Darlene De Maria,Edu-therapy on Lorton and downtown resident Economic Study Interviews: January 10,2006 Auto Dealers Joe Putnam,Putnam Chevrolet, Cadillac,Hummer, Volvo dealerships* Alternate: Glen Harvey, Mike Harvey Honda Downtown BID Cheryl Enright Rick Lyons, Fortezza(furniture store), Chamber Board, former GAP executive Alternates: Teresa Lindhartsen,Alana's Restaurant Isabella de Paz, All that Glitters,retail jewelry store(650)347-7979 Chamber of Commerce Randy Grange, architect with office in downtown area Alternate: Jerry Winges, architect with office in downtown area History Interest in the Downtown Area * Cathy Baylock, officer of the Burlingame Historical Society, City Council member Russ Cohen,president of the Burlingame Historical Society, City Council member All City Council members will be interviewed, inaddition to the 20 interviews, as a part of this initial activity in the economic study. Residents who live in the downtown area: It was suggested that residents in the downtown area be covered by a survey, rather than interviewed as a part of the "key informant"process. ERA has agreed to prepare the questions for such a survey, if city staff will distribute them and gather the returns for ERA. Residents specifically mentioned by Council members include: Glen Kronewetter, Angela Johnson, Dave or Jean Lombardi, Dr. Tanisawa. U:\BurlingameAvenueComArea\EconomicStudy 2005\Key informant intervw list\Dft 5 KeyI list 2 revBLee 1.17.06.doc 2 City of Burlingame MONTHLY PERMIT ACTIVITY December 2005 THIS MONTH F.Y. 2005 TO F. Y.2004 TO THIS MONTH LAST YEAR DIFF DATE DATE DIFF Permit Type # # % # # % WATER HEATER 3 3,682 8 32 26,290 35 n/a SWIlM[MING POOL 0 0 5 103,800 n/a SIGN 3 1,100 2 3,550.00 -69 19 53,037 18 55,300 - 4 ROOFING 15 186,724 15 196,677.00 -5 152 1,896,368 153 1,925,931 - 2 RETAINING WALL 1 12,000 0 5 169,017 1 n/a PLUMBING 179 716,303 156 10,600.00 6,658 264 932,757 283 97,710 +955 NEW SFD 2 855,000 2 704,000.00 21 12 4,345,000 6 2,031,079 +214 NEW CONIlVIERCIAL NEW 5 UNIT APT OR CO MECHANICAL 0 3 20,000.00 24 92,085 26 96,700 - 5 KITCHEN UPGRADE 4 55,594 1 10,000.00 456 17 460,594 FURNACE 2 10,430 1 n/a 19 61,695 17 n/a ELECTRICAL SERVICE 0 5 61,200 5 n/a ELECTRICAL 7 16,700 13 0.00 42 115,517 63 14,000 +825 City of Burlingame MONTHLY PERMIT ACTIVITY December 2005 THIS MONTH F.Y. 2005 TO F. Y.2004 TO THIS MONTH LAST YEAR DIFF DATE DATE DIFF Permit Type # # % # # % BATHROOM UPGRADE 3 27,563 n/a 22 422,463 n/a ALTERATION RESIDENTI 20 960,615 26 681,267.00 41 202 8,906,199 165 3,691,699 +241 ALTERATION NON RES 8 265,800 7 378,000.00 -30 43 3,824,465 27 955,254 +400 Totals: 247 3,111,511 234 2,004,094.00 55 864 21,470,487* 2,537 8,867,673* +242* * The FY05 total was compared with the FY04 total to calculate the total difference. CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA January 9, 2006 Council Chambers I. CALL TO ORDER Chair Auran called the January 9, 2006, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Deal, Osterling and Vistica Absent: Commissioners: None Staff Present: City Planner,Margaret Monroe; Planner, Ruben Hurin; City Attorney, Larry Anderson. III. MINUTES The minutes of the December 12, 2005 regular meeting of the Planning Commission were corrected, page 8 Item 7, paragraph 1, add Chair Auran recused himself because he lives within 500 feet of the property, he stepped down from the dais and left the chambers;paragraph 2 correct to read, Vice- chair Brownrigg opened...; paragraph 5, correct to read Vice Chair Brownrigg called...; paragraph 5,correct vote to read The motion passed on a voice vote 5-0-1 (C.Auran abstaining). Add at the conclusion of the item, Chair Auran returned to the dais and took his seat. The minutes were approved as corrected. ,_.V. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR There were no public comments. VI. STUDY ITEMS 1. 1199 BROADWAY,SUITE 2,ZONED C-1,BROADWAY COMMERCIAL AREA–APPLICATION FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR A FOOD ESTABLISHMENT (TOMMY NGAI AND DANNY KUAN,.APPLICANTS, TRG ARCHITECTS, ARCHITECT, AND GARBIS AND MAIDA BEZDJIAN, TRS., PROPERTY OWNERS) PROJECT PLANNER: RUBEN HURIN C. Deal noted that he lives within 500 feet of this project and recused himself. He stepped down from the dais and left the Council Chambers. Plr Hurin presented a summary of the staff report. Commissioners asked: ■ This is intensification of the use with the addition of a kitchen towards the front of the space,where will the vents be located on the roof,will they be visible from the street on Broadway; ■ In their next submittal will the applicant include a mock up of their signage; ■ Is information available on the occupancy rates of the nearby public parking lots; and �— 0 Could the applicant provide a "typical"menu. City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 Commission comment: regarding the parking variance, city council adopted the ordinance which allowed five more restaurants in the Broadway Commercial Area knowing that few buildings in the commercial area have on-site parking, so clearly council felt that there was sufficient parking in the area to support the five restaurants. This item was set for the consent calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:10 p.m. C. Deal returned to the dais and took his seat. 2. 1764 MARCO POLO WAY,ZONED TW—APPLICATION FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR A CHILD DAYCARE FACILITY(WINGES ARCHITECTS,APPLICANT AND ARCHITECT,COMMUNITY GATEPATH,PROPERTY OWNER)PROJECT PLANNER: RUBEN HURIN Chair Auran recused himself because he owns a property within 500 feet of the proj ect site,he stepped down from the dais and left the chambers. Vice-Chair Brownrigg took over the gavel. Plr Hurin presented a summary of the staff report including a clarification of the information on the number of employees on site, 23, and the maximum number of children on the site at one time, 62, with the combined programs. Commissioners asked: ■ A condition should be added to require updated directional striping and signage in the parking lot; .� ■ This is a request for a large variance,the conditions of approval should be very tight so that someone else with a more intense use cannot use this site in the future without providing more parking; ■ Explain the difference between the city's on-site parking requirement and that which the traffic engineer anticipates to be generated by this particular use; ■ Is the applicant proposing to have someone in the parking lot as the children arrive and depart to help the children from the cars into the building and from the building to the cars; and ■ Where will the adults currently trained at this location be going? This item was set for the consent calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:22 p.m. Chair Auran returned to the dais and took his seat and the gavel. 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. 3A. 270 LORTON AVENUE,ZONED C-1,SUBAREA A—APPLICATION FOR COMMERCIAL DESIGN REVIEW AND CONDITIONAL USE PERMIT AMENDMENT FOR A FULL SERVICE FOOD ESTABLISHMENT(NECTAR WINE LOUNGE,LLC,APPLICANT,TRI TERRA REALTY,PROPERTY —� OWNER,AND WINGES ARCHITECTS,ARCHITECT)(34 NOTICED)PROJECT PLANNER:ERICA STROHMEIER 2 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 3B. 2533 HAYWARD DRIVE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A SINGLE STORY ADDITION TO A SINGLE FAMILY DWELLING (DAVID AND KELLY TILLMAN, APPLICANTS AND PROPERTY OWNERS; AND y GEORGE SKINNER, ARCHITECT) (27 NOTICED)PROJECT PLANNER: ERIKA LEWIT Chair Auran asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. CP Monroe noted that given input from the Police Department and with the concurrence of the applicant she would like to amend condition 4 of the application for Item 3a, 270 Lorton,with the following language: that the sale of alcoholic beverages shall be limited to beer and wine; that all alcohol service shall stop or shall be closed within one hour of stopping food service;that no DJ's or live music shall occur at the proposed facility. C. Vistica noted that when he visited 2533 Hayward Ct. the story poles were blown over, C.Auran noted that there were back in place today and there did not appear to be a view blockage problem. There were no other comments on the consent calendar. C.Brownrigg moved approval of the consent calendar based on the facts in the staff reports,commissioners' comments and the findings in the staff reports with recommended conditions and amendments to conditions in the staff reports and by resolution. The motion was seconded by C. Osterling. Chair Auran called for a voice vote on the motion and it passed 6-0. Appeal procedures were advised. This item concluded at 7:25 p.m. VIII. REGULAR ACTION ITEM 4. 469 BLOOMFIELD ROAD, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (GARY AND STACY O'GRADY, APPLICANTS AND PROPERTY OWNERS; AND �— KATRINA KUHL, ARCHITECT) (69 NOTICED) PROJECT PLANNER: ERIKA LEWIT Reference staff report January 9,2006,with attachments. Plr Hurin presented the report,reviewed criteria and staff comments. Ten conditions were suggested for consideration. There were no questions of staff. Chair Auran opened the public hearing. Katrina Khul, architect,represented the project. Commissioners noted the following: ■ On the south side elevation the eave is shown at 3'-6",while the other eaves are 2',this will look odd; ■ Gable end should be reduced from 2 feet to 1 foot, the arch is too heavy looking, 1 foot is more expected; ■ At the rear the code requires a railing of a certain height based on the height off the ground,this rail should be taller; ■ The entry at the front could be dressed up more; ■ Plate height could be raised to 8'-1" which is standard for construction; and ■ Removal of trellis and addition of corbels on the garage was good. There were no further comments from the floor. The public hearing was closed. C. Deal moved that if the items identified are corrected this item could come back on consent with corrections noted, think that it is important to get the overhang on the south side corrected, may be stuck with entrance porch, the special permit for height is existing, agree that a lower 6/12 pitch is possible,but would look bad. The motion was seconded by C. Vistica. 3 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 Comment on the motion: it is the designers'prerogative to make the changes, not a reason to hold up the action on the project,reasonable to ask for changes and put the item on consent,house looks awkward as it stands;not support think architect has made a lot of changes to this point,this is the best solution,the 3'-6" eave is on the rear and not visible from the street given the setback of the second floor, to expedite would prefer to act tonight. Chair Auran called for a roll call vote on the motion to direct changes to the project and return the revised project to the consent calendar. The motion failed on a 3-3 (Cers. Cauchi, Brownrigg and Osterling dissenting) roll call vote. C.Brownrigg moved to approve the application as submitted by resolution and including a condition which would allow the applicant to raise the plate height to the construction standard 8'-1" accepting a minor increase in the overall height of the structure and including the conditions in the staff report: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 13,2005,sheets Al through A4,with the plate height raised to the construction standard 8'-1"accepting the resulting minor increase in height,and that any changes to building materials,exterior finishes,footprint or floor area of the building shall require an amendment to this permit; 2) that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s),moving or changing windows and architectural features or changing the roof height or pitch,shall be subject to Planning Commission review; 3)that prior to scheduling the framing inspection,the project architect,engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 4) that prior to final -� inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials,window type,etc.)to verify that the project has been built according to the approved Planning and Building plans; 5) that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 6)that all air ducts,plumbing vents,and flues shall be combined,where possible,to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 7) that the conditions of the Chief Building Official's October 18, 2005 memo, the City Engineer's October 21, 2005 memo, and the Fire Marshal's,the NPDES Coordinator's,and the Recycling Specialist's October 24,2005,memos shall be met; 8)that the project shall meet all the requirements of the California Building and Uniform Fire Codes,2001 Edition, as amended by the City of Burlingame; 9)that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements;any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; and 10)that the applicant shall comply with Ordinance 1503,the City of Burlingame Storm Water Management and Discharge Control Ordinance. The motion was seconded by C. Osterling. Chair Auran called for a roll call vote on the motion to approve with amended condition for plate height and acceptance of the additional height that would add to the structure. The motion passed on a 5-1 (C. Deal dissenting)roll call vote. Appeal procedures were advised. This item concluded at 7:40 p.m. 4 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 5. 2412 HALE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND A SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING(JAMES WONG,APPLICANT AND ARCHITECT,ALVIN YANG,PROPERTY OWNER) �— (71 NOTICED) PROJECT PLANNER: ERIKA LEWIT Reference staff report January 9,2006,with attachments. CP Monroe presented the report,reviewed criteria and staff comments. Eleven conditions were suggested for consideration. There were no questions of staff. Chair Auran opened the public hearing. James Wong, architect, represented the project. Commissioners noted that there were some additional things which could be done to improve the project: ■ Use stucco mold window trim to match the rest of the house; ■ On the curved windows on the front use a single piece of glass without a break,rectangular windows on the side of the window and next to the front door should also be a single piece of glass(as in the current house); ■ There is a mixed vocabulary in the roof,a mix of hips and gables,the higher roofs should be hipped to reduce the impacts on the neighbors;highest roof on the second floor could be hipped;changing heights to hips on east and west ends would be better for neighbors; ■ Windows on second floor should be casements; ■ Front walk is too wide, 10 feet,for a residential use,make walk narrower,add landscaping between driveway and walk way,walkway might be curved to be more interesting,entry steps are too wide as well, should be adjusted to new walkway, include this in conditions of approval; ■ Vents should be added in the gable ends,nice detail (not add to hipped roofs); and ■ Need to call out on all elevations of plans,true simulated divided light windows(true wood mullions on both sides). Public hearing continued: Susan May, 2408 Hale Drive; Hsiao Lieu, 2415 Hale Drive. Revised design is more in keeping with the neighborhood,will protect tree on property line,other issues for the Commission to consider: on the second story addition a hip roof would slope away, the houses are only 6 feet apart, the gable end will block the light into my rear yard; a hip would not affect the inside floor plan;the revised side is now 3 to 4 feet closer than the first design,it will impact her kitchen, sun room and master bedroom,hip roof would reduce this impact, other houses in the area have hipped roofs;propose laundry room and bath room under the house, concerned about drainage on to her property, assume that this will be addressed during construction. Commissioner asked if gable at the rear is a problem?Would like all roofs hipped away from her house,it is really a light issue. Design is improved but still not in keeping with the street;house is located on a slope,now tall house on a slope;moved wall into the front yard which will increase the sense of height even more,will hurt curb appeal of street;the new roof will disturb the pattern of roof heights on that side of the street; owner does not live there, does not care about curb appeal; should change the interior design to match the character of the neighborhood. Architect noted houses on right and left are stacked two stories,this house will have the second floor setback more.There were no further comments from the floor. The public hearing was closed. Commissioner comment: average front setback on this side of the street is 19.3 feet and this house is setback 22.3 feet,greater than most,and the second floor is setback 32.2 feet,which from my observation is a good setback; can do hips not gable ends; drainage from this site is a terrible problem, need to add a condition that they will install a drain to carry water forward to the public street,have to do anyway for the new addition. Agree front setback is adequate,massing at the front is mostly one story;hip roof at the rear might be a problem since the gable there is asymmetrical,leave it to the applicant to propose a resolution to that roof form which would allow it to be hipped; the height and bulk of the addition will be reduced with 5 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 the hipped roofs along with the mass, the plate heights proposed are not excessive. Would like to see the walkway at the entry and stairs deemphasized or narrowed. Chair Auran moved to continue this item until the plans could be revised to incorporate the recommendations of the commission,then the item should be placed on the action calendar. The motion was seconded by C. Vistica. Comment on the motion: the walkway should be reduced in size and the landscaping at the front should be increased; the stairs are also too wide, there should be planting between the walkway and the driveway. Chair Auran called for a voice vote on the motion to continue this item for revisions to the plans as suggested, staff review of changes and then the item should be set on the regular action calendar. The motion passed on a 6-0 voice vote. This item will be renoticed when it is set for the Commission action calendar. This action is not appealable. The item concluded at 8:07 p.m. 6. 1506 ALTURAS DRIVE, ZONED R-1 —APPLICATION FOR AMENDMENT TO AN APPROVED DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT AND SPECIAL PERMIT FOR AN ATTACHED GARAGE FOR A 12 SF INCREASE IN FLOOR AREA AND REVISIONS TO THE LEFT SIDE ELEVATION (DEREK & AMY CHUNG, APPLICANT AND PROPERTY OWNER; AND GEORGE SUN, SUN ARCHITECTURE, ARCHITECT) (55 NOTICED) PROJECT PLANNER: MAUREEN BROOKS Reference staff report January 9,2006,with attachments. CP Monroe presented the report,reviewed criteria and staff comments.Twenty-six conditions were suggested for consideration. CP noted the history of review of this request to change the project after a building permit had been issued. There were no questions of staff. Chair Auran opened the public hearing. George Sun,architect to oversee the construction,represented the project. Commission noted that it looked as if this revision would work. There were no further comments from the floor. The public hearing was closed. C. Deal noted that this was a better solution and moved to approve the application,by resolution,with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 22, 2005, Sheets A1.0, A2.0 and A4.0, Site Plan, Floor Plan and Elevations, and date stamped May 12, 2004, Sheets Al-1, A3.0, A5.0 , Topo, C-1 and L1.0, roof plan, elevations, grading and drainage plan, and landscape plan, showing a 15% slope driveway with 9' plate heights on both the first and second floors and driveway retaining walls at 9'-6"and 8'maximum; 2)that any changes to the size or envelope of the basement, first or second floors, which would include adding or enlarging a dormer(s),moving or changing windows and architectural features or changing the roof height or pitch,shall be subject to design review; 3)that the conditions of the Recycling Specialist's,Fire Marshal's, Chief Building Official's and the City Engineer's November 17, 2004 memos shall be met and the conditions of the City Arborist's December 11,2004 memo shall be met along with the approved arborist's report date stamped January 6,2004; 4)that 43"Coastal Live Oak and the 47"Coastal Redwood located on Lot#2 shall not be removed and the property owner shall be responsible for implementing and maintaining all tree protection measures,prior to any grading or demolition on the site. The tree protection measures,as defined in the applicant's arborist report by the Green Jeannie (date stamped January 6, 2004) which has been reviewed and approved by the City Arborist,shall be maintained on site until after the final inspectior and the City Arborist authorizes their removal; the contractor shall call for the City Arborist to inspect the protection measures installed before a grading permit shall be issued, and that the property owner shall 6 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 maintain the trees after construction as directed by the certified arborist's report; failure to continually pru�ide the tree protection and implementation of any of those requirements in the arborist's report shall rest At in the property owner paying for an independent inspection of the site by an arborist selected by the City; 5)that a certified arborist shall be on site during any demolition and grading or digging activities that take place within the designated tree protection zones, and that a certified arborist shall inspect the construction site once a week and certify in writing to the City Arborist and Planning Department that all tree protection measures are in place and requirements of the conditions of approval are being met; inappropriately stockpiled or stored material and equipment shall be moved immediately;and that a certified arborist shall be given written authority by the developer and be obligated to stop all work on the site should any activity violate any and all conditions of approval relating to the protection, conservation and maintenance of trees on the site, and the City Arborist may also stop work for any violation of the conditions related to the protection, conservation and maintenance of trees on the site; 6) that prior to demolition or construction the 43"Coastal Live Oak located on right side of Lot#2 shall be trimmed,raising the fringe only six feet over the existing roof line, this shall be done under the direct supervision of a certified arborist at a time during the project determined by the City Arborist; 7)that prior to demolition or construction 6"of mulch shall be placed 10' around the trunk of the 43"Coastal Live Oak located on the right side of Lot#2,but shall not be placed directly against the trunk; 8)that prior to demolition of the rear deck temporary barrier fencing shall be placed at 8' on the southwest side of the 43"Coastal Live Oak,and 28'on the northeast side of the trunk; 9) that after the demolition of the rear deck, but prior to the construction of the new homes,protective barrier fencing shall be placed as close to the drip line of the 43" Coast Live Oak as possible and shall remain in place throughout the construction of both houses on Lot#1 and Lot#2; 10)that prior to demolition or construction the 47"Coastal Redwood located on the left side of Lot#2 shall be pruned over the existing roof line to the existing gutter line so that tree limbs growing over the roof clear 6' over the roof, 11)that prior to demolition or construction the ivy around the trunk of the 47" Coastal Redwood located on the left side of Lot#2 shall be cut away; 12) that prior to demolition or �- construction protective barrier fencing shall be placed 5' from the trunk of the 47"Coastal Redwood on the south side and 15' from the trunk on the east and west side,there is already fencing on the north side in the form of a neighboring boundary fence, all protective fencing shall remain in place until the completion of construction; 13) that all trenching within the drip line of the 47" Coastal Redwood and the 43" Coastal Live Oak, shall be performed by hand labor under the supervisions of a certified arborist, should roots of a 4"diameter or larger encountered during hand digging under the drip line,work shall stop immediately and the certified arborist shall evaluate further digging and consult with the City Arborist prior to resuming work; 14) that the protective barrier fencing shall be a minimum of 4 feet high, and shall be made of pig wire,snow fence,or cyclone fence,with steel stakes or pipes as posts;there shall be no storage of materials or equipment, unnecessary trenching, grading or compaction within the protective barrier fencing; encroachment into these areas is forbidden; 15)Tree Maintenance: The developer shall be responsible for maintenance during demolition and construction work on the project and for a 5-year maintenance program for the 43"Coastal Live Oak and the 47"Coastal Redwood,including deep root fertilizing,beginning upon final inspection. This maintenance program shall be founded upon the recommendations of the January 6, 2004 Green Jeannie report as well as such additional recommendations as the developer shall receive from a certified arborist; 16)that for purposes of these conditions a certified arborist means a person certified by the International Society of Arboriculture as an arborist; 17) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction Plan and meet recycling requirements;any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 18) that demolition of the existing structures and any grading or earth moving on the site shall be required to comply �. with all the regulations of the Bay Area Air Quality Management District; 19) that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners, set the building envelope; 20) 7 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 that prior to under floor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer;21)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; 22) 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 ofperjury; 23)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; 24) 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; 25) that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and that during demolition of the existing residence, site preparation and construction of the new residence,the applicant shall use all applicable"best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff;and 26)that the project shall meet all the requirements ofthe California Building and Fire Codes,2001 edition,as amended by the City of Burlingame. The motion was seconded by C. Osterling. Chair Auran called for a voice vote on the motion to approve with the revisions as submitted. The motion passed on a 6-0 voice vote. Appeal procedures were advised. This item concluded at 8:15 p.m. 7. 1255 BERNAL AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A NEW —� SINGLE FAMILY DWELLING WITH DETACHED GARAGE(CHRISTOPHER&ANITA KENNON, APPLICANTS AND PROPERTY OWNERS;AND JAMES CHU,C14U DESIGN AND ENGINEERING, INC., DESIGNER) (54 NOTICED)PROJECT PLANNER: RUBEN HURIN Chair Auran recused himself because he lives within 500 feet of the project site,he stepped down from the dais and left the chambers. Vice-Chair Brownrigg took over the gavel. Vice-Chair Brownrigg noted that one reason the previous project was so difficult was because the site is adjacent to the City's right-of-way which contained a water line and therefore there were inflexible solutions. Reference staff report January 9, 2006,with attachments. Plr Hurin presented the report,reviewed criteria and staff comments. Fourteen conditions were suggested for consideration. Chair Auran opened the public hearing. James Chu, designer, and Christopher Kennon, property owner, represented the project,noted that the plans were revised to address the Commissions'concerns,reduced the mass and bulk,made changes to the gables and revised the Front Elevation;designer noted that the floor area calculated by staff is higher. Plr Hurin noted that trellises and other covered areas may not have been included in the building data on the plans. Commission noted that the changes work well,however there are additional concerns with the project that need to be addressed. Commissioners noted the following: ■ Corbels below second floor cantilever on the Left Elevation conflict with the windows on the first floor, looks awkward, need to change; -� 8 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 ■ Driveway gate should be automatic; gate should be located at least 20'-0" back from the front property line to leave enough room for a vehicle to park and not extend onto the sidewalk,plans need to be revised; �- ■ Have serious concerns with mass and bulk,proposed house will have a huge impact on the block, replacing a one-story cottage with a two-story box,house is twice as wide and long as the original, house is 65' wide; ■ Lot is wider and shallower than most other lots on block,therefore detached garage will be 35'closer to the street than typically seen; the garage with a double-wide door will be very visible from the street; ■ Two-story house with a consistent plate height on the second floor is not in keeping with the neighborhood; ■ 4000 SF houses are not common in Burlingame,house is too massive and bulky,this is not the way to locate this house on the lot,there are better ways to make it less imposing,for example could have a narrower house with an attached garage; ■ Loss of the Pepper tree in the front yard does not help with reducing the mass and bulk, it's unfortunate that it has to be removed;proposed Birch and Strawberry tree at left and right sides at the front of the lot are not the same scale as the existing trees being removed,suggest planting two large scale(36 or 48-inch box)evergreen trees in similar location of trees being removed,large scale trees will be in keeping with the proposed mass and bulk; ■ Porch along the left side of the house is not drawn correctly on the Front Elevation,plans need to be corrected; ■ Conflict between the entry roof eaves and stairway window needs to be corrected; ■ Small oval window over front entry is diminimis, should be revised to allow more light into the house; ■ Gable at the front of the detached garage is too small,suggest eliminating the gable on the front and adding a gable along the right side of the garage, would look better; and ■ Concerned that the detached garage is only setback V from property line, need more room to facilitate maintenance, suggest garage be setback at least 2' from side and rear property lines. There were no further comments and the public hearing was closed. Commission discussion: Ok to have a 3,800 SF house if the mass and bulk is handled well and is in keeping with the neighborhood, feel that as proposed the project is not in keeping; design guidelines are written so that as project increases in size more design character is needed to make the house look smaller,in this case could have a narrow element come out towards the front on the first floor and the rest of the house step back, differentiation in plate heights would also help to reduce the mass and bulk; the challenge with a narrow house configuration on this trapezoid-shaped lot is that the useable rear yard will be reduced. C.Vistica noted that the proposed mass and bulk is not in keeping with the neighborhood and moved to deny the application without prejudice. The motion was seconded by C. Brownrigg. Comment on the motion: suggest the designer consider reducing the plate heights at several locations on the second floor, varying plate heights as low as 6-0", incorporate dormers at steep roof locations,this is one solution that, if it is well done, would help to reduce the mass and bulk, designer needs to come up with a solution to minimize the impact of a 65'wide two-story stucco wall at the front;feel that the design can work with what he has; could also consider a distinctive one-story element at the front of the house with a taller plate height to set it apart; also suggest setting the second floor wall in bedroom#2 back further along the right side of the house, would help to break up the vertical wall. 9 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 Vice-Chair Brownrigg called for a roll call vote on the motion to deny without prejudice. The motion passed on a 3-2-1 (Cers. Cauchi and Osterling dissenting; Chair Auran abstain). Appeal procedures were advised. This item concluded at 8:40 p.m. Chair Auran returned to the dais and took his seat and the gavel. 8. 1529 MEADOW LANE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SIDE SETBACK VARIANCE FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (ARKADY ZLOBINSKY, APPLICANT AND PROPERTY OWNER; AND MARK BRAND, ARCHITECT (CONTINUED FROM DECEMBER 12, 2005 MEETING) (67 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Reference staff report January 9,2006,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 Auran opened the public hearing. Mark Brand, 425 Second Street, San Francisco, architect, represented the project. Met with the neighbors last week, have addressed the specifics from the last commission review, reworked the right elevation made the trellis more substantial,neighbor would like star jasmine planted on it, we agree; did shadow study, now side setback is OK with neighbor and it allows a bigger back yard area;have agreed to do several things for the neighbor,remove an apple tree at the property line which increases shade in her yard,and have agreed to do some work(removal of concrete and pruning) in her yard. Commissioner asked if the first floor was the same as the revised plan previously submitted. The architect noted that it was. Additional public comment: Jean Ann Carol, 1525 Meadow Lane, noted that the plans for the project approving tonight should be dated December 22, 2005, and will this project be subjected to the same drainage standards as another the commission discussed tonight. Commissioner asked if conditions should include private agreements. CA noted that the apple tree removal could be included in the conditions but work on the neighbor's property is between them. Neighbor noted that neighbor on Westmoor Road would also benefit from landscape changes. Want star jasmine because there is no sun on the wall.Commissioner noted that drainage from the roof of the new addition would be required by the Public Works Department to be carried to the street. Concerned that the property at 1529 is a foot and a half to two feet higher than her property concerned that water will pond on her property,if it is directed to the street it will work for her.The addition is being built where there is the biggest drainage problem. There were no further comments. The public hearing was closed. C. Cauchi noted that the applicant and neighbor had worked through the issues well and thanked them for their efforts,then moved to approve the application,by resolution,with two added conditions that the apple tree shall be removed from the east side of the rear yard and that star jasmine shall be planted on the trellis on the east side of the addition and with the following conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 30,2005,sheets T1,Site, A1.0 and A1.2 and date stamped December 22,2005, sheets Al.1,A2.1 -A2.3,Ll and shadow study; and that any changes to the footprint or floor area of the building shall require and amendment to this permit;2) that the apple tree shall be removed from the east side of the rear yard and that star jasmine shall be planted on the trellis on the east side of the addition; 3) that any changes to the size or envelope of the first or second floors, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to design review, including landscaping or a trellis along the rear elevation and removal of the 103 SF storage shed in the rear yard; 4) 10 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 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 establish the height of the roof ridge and provide certification of that height to the Building Department; 8) that the conditions of the City Engineer's and Chief Building Official's October 07, 2005 memos,the Fire Marshal's October 11,2005 memo,the Recycling Specialist's October 12,2005 memo and the NPDES Coordinator's October 21, 2005 memo shall be met; 9) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction Plan and meet recycling requirements;any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 10)that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 11) that the project shall meet all the requirements of the California Building Code and California Fire Code,2001 edition,as amended by the City of Burlingame. The motion was seconded by C.Brownrigg. Chair Auran called for a voice vote on the motion to approve the project with additional conditions to remove the apple tree in the rear yard and to plant star jasmine on the new trellis.The motion passed on a 6-0 voice vote. Appeal procedures were advised. This item concluded at 8:55 p.m. IX. DESIGN REVIEW STUDY ITEMS 9. 1136 OXFORD ROAD,ZONED R-1—APPLICATION FOR DESIGN REVIEW,PARKING VARIANCE AND SPECIAL PERMITS FOR HEIGHT AND ATTACHED GARAGE FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING(GREG HURLEY,CONTI-HURLEY ASSOC., APPLICANT; TIM HALEY, TSH INTERNATIONAL, ARCHITECT; AND SARAH & BENJAMIN CHEYETTE, PROPERTY OWNERS) (59 NOTICED) PROJECT PLANNER: ERIKA LEWIT CP Monroe briefly presented the project description. There were no questions of staff. Chair Auran opened the public comment. Gregg Hurley, applicant, 164 Pepper Avenue, was available to answer questions. Commission asked if all windows will be replaced;applicant confirmed that all windows will be replaced with new simulated divided lite wood casement windows. Commission noted there is a conflict with the window type, plans indicate dual pane vinyl windows to be used, will need to clarify throughout the plans. Commission noted that the special permit for height for 32'-1" is appropriate in this case since the addition will match the existing house with a 13:12 pitch roof which currently exceeds the maximum height limit. Commission also commented that the gabling on the front porch and garage is a nice design feature and adds interest to the front fagade of the house. The architect has done a good job,this is a substantial addition without impacting the adjacent neighbors and overall neighborhood. Commission asked if the large pine tree behind the house is on the property; no,pine tree is located on neighbors property to rear. There were no other comments from the floor and the public hearing was closed. 11 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 C. Brownrigg made a motion to place this item on the consent calendar at a time when the following revisions have been made and plan checked. • Revise building elevations to note on each simulated divided lite wood windows; • Clarify type of window trim proposed,add notes on all building elevations,traditional stucco mold trim should be used; ■ Show gutters and downspouts on building elevations; ■ All attic vents on gables should be changed from metal to wood, reflects the existing character; ■ Should consider retaining the existing shutters on second floor on the front elevation; ■ Like the proposed changes to the front elevation, existing half-timbering on the left side at the second floor is a strong Tudor element, should carry the half-timbering look to the right side of the house on the second floor; • Square window above the porch is not proportionate with the rest of the windows, should be consistent with narrow rectangular window pattern proposed throughout the house,could even be a narrow vertical window similar to the shape of the vents; and ■ Concerned with parking variance for covered parking space length, variance can be eliminated by relocating the stairs from the garage into the house. This motion was seconded by C. Cauchi. Chair Auran 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 9:10 p.m. 10. 821 PALOMA AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW, SIDE SETBACK -� VARIANCE AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING(JD ASSOCIATES, APPLICANT AND DESIGNER; AND DANIEL MCAULIFFE, PROPERTY OWNER) (74 NOTICED) PROJECT PLANNER: ERIKA LEWIT C. Deal recused himself from this action because he has a business relationship with the applicant,stepped down from the dais and left the Council Chambers. Plr Hurin briefly presented the project description. Commission commented that the existing driveway is 9'-5" wide and asked what is the minimum required driveway width; 9'-6". Staff noted that the kitchen extension along the driveway side would require a parking variance because it only leaves 9'-5" for the driveway width where 9'-6"is the minimum required. CP Monroe noted that a letter in support of the project was submitted by Pat and Kate Belding, 838 Paloma Avenue. There were no further questions of staff. Chair Auran opened the public comment. Randy Whitney,JD Associates,applicant,was available to answer questions, noted that the special permit for height is needed because the existing first floor is T-6" above grade,only a small portion of the roof peak,approximately 30 to 40 SF exceeds the height limit,requesting a special permit for declining height envelope to retain the existing character of the house, side setback variance is required to extend the nonconforming first floor wall, bay window along the right side of the house with a nonconforming side setback will be removed,pittosporum will be added along the right side property line,existing shrubs at the front of the lot will be replaced with a new 24-inch box tree chosen from the City's tree list. Commission noted that this is a great looking building because it's narrower, taller and -� proportions are nice. There were no other comments from the floor and the public hearing was closed. 12 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 C. Brownrigg made a motion to place this item on the consent calendar at a time when the following revisions have been made to the project and plans checked. ■ Show gutters and downspouts on all building elevations; ■ Existing house has nice gable ends on the front which should be retained in the design;braces and lattice vent shown on the second floor gable end feature should be incorporated into the existing gable ends to remain; ■ Concerned with extending the wall with a nonconforming side setback along the right side property line and the impact it may have on the neighbor at 825 Paloma Avenue; will need to see written approval from the neighbor concerning extension of the first floor wall or the addition will have to be set in an additional 0'-9"to comply with side setback requirements,addition at family room can still work if the wall has to be set in further;would rather like to see wall set in to comply,will leave it up the applicant to redesign or submit written letter from neighbor; ■ Verify driveway width, if 9'-5" wide a parking variance will be required for the T-0" kitchen extension adjacent to the driveway(9'-6" minimum driveway width required); and ■ Suggest replacing the existing 10-inch diameter shrub in the right front corner of the lot with a Pittosporum or Bay Laurel tree; show on Site Plan. This motion was seconded by C. Vistica. Chair Auran called for a vote on the motion to place this item on the consent calendar when the plans had been revised as directed and if required given setback solution approval has been submitted by the neighbor at 825 Paloma Avenue. The motion passed on a voice vote 5-0-1 (C. Deal abstaining). The Planning Commission's action is advisory and not appealable. This item concluded at 9:25 p.m. C. Deal returned to the dais and took his seat. 11. 1207 CORTEZ AVENUE,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (S.E.A. CONSTRUCTION, APPLICANT,ROGER AND ZENIAMAE GHIOTTI,PROPERTY OWNERS;AND MARC TETRAULT, ARCHITECT) (68 NOTICED) PROJECT PLANNER: ERIKA LEWIT Plr Hurin briefly presented the project description. There were no questions of staff. Chair Auran opened the public comment. Mike Tetrault,architect,and Roger Ghiotti,property owner,were available to answer questions. Commission noted serious concerns with the proposed second floor addition, which looks like a box on top of a box,second floor does not relate well to the first floor,second floor needs to be completely reworked; because there are driveways on either side of the house there is a lot of visual space and a great opportunity for several design options to make the house interesting; suggest looking at 1224 Cortez Avenue,nice remodel and has curb appeal. Commission asked if the existing roof and ceiling members will need to be removed to accommodate the second floor addition;architect noted that most of the roof will be removed, existing plate height in the living room is 9'-6", think the existing ceiling members could be retained,the second floor addition would span over the first floor. There were no other comments from the floor. The public comment was closed. C. Vistica made a motion to send this project to a design reviewer with the following comments: ■ Design is massive, not appropriate for the neighborhood, second floor addition needs a major rework, design needs to be completely re-evaluated; 13 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 ■ Existing window to be retained are not shown correctly on the building elevations,revise plans so that they accurately show existing window,doors,etc.,need to carefully go through plans and correct all drafting errors; ■ Provide existing building elevations with resubmittal; ■ Show gutters and downspouts on existing and proposed building elevations; ■ Architect needs to verify and show that existing ceiling members can be retained with the second floor addition; ■ Provide first and second floor plate height dimensions on existing and proposed building elevations; ■ Need to study soffit and roof over front porch, clarify header location and how it's holding up the corner of the roof, would look better if the gutter is higher than the header; ■ Provide notes on building elevations indicating type of windows, window style, and window trim proposed; windows should be made of wood and window trim should be traditional wood stucco mold and should be noted on plans at appropriate locations; ■ Existing brick wainscot at the front of the house was not built well and will probably fall off during construction, design of existing front facade needs to be updated; ■ Roof elements along the sides and rear of the building between the first and second floors are too small and do not work well; ■ Design element at the rear of the house looks like an add-on,addition needs to be incorporated better so that it looks like it belongs to the house; ■ More details need to be shown on the building elevations,lack of detail makes it difficult to evaluate the project;only design detail on the entire addition is the decorative brackets below the second floor balcony,project needs a lot more design details; ■ There are no landings or steps below the doors at rear of house; and ■ Would like to see a legend clearly identifying the abbreviations on the floor plans. This motion was seconded by C. Osterling. Comment on the motion: design review consultant needs to listen to the meeting tapes,want to make it clear to the architect and design review consultant that the project needs a complete redesign,not just changes to the existing proposed design,do not want to see the project come back with a box on top of a box,there are many other design opportunities that can work on this site. Chair Auran called for a voice vote on the motion to refer this item to a design review consultant with direction given. The motion passed on a voice vote 6-0. The Planning Commission's action is advisory and not appealable. This item concluded at 9:45 p.m. X. PLANNER REPORTS - Review of City Council regular meetings of December 19, 2005 and January 3, 2006. CP Monroe noted that at their study of the Rollins Road zoning on December 19,the City Council sent the ordinance back to the Subcommittee and Commission for resolution of the remaining three issues. The subcommittee will be meeting to discuss these items on January 24, 2006. Council also approved the contract with Economic Research Associates to undertake the downtown economic study and authorized the funding. Work on the study will begin mid-January. On January 3, 2006, the Comprehensive Annual Financial Report (CAFR) was presented to the City Council, it will be posted on the city's web site in the near future. Commissioners asked to be made aware of the posting when it has been completed. 14 City of Burlingame Planning Commission Unapproved Minutes January 9, 2006 - FYI- setting subcommittee meetings for 2006 Commission and CP agreed to schedule the zoning subcommittee meetings for 2006 at 6:00 p.m. before regular commission meetings. An assignment schedule was included in the staff report, and staff will remind the members of their committees' schedule. Staff reports will be distributed in advance. The first meeting will be the Neighborhood Consistency Subcommittee on January 23,2006 at 6:00 p.m. The North Burlingame/Rollins Road Subcommittee will still have its special meeting at 5:30 p.m.on January 24,2006 followed by a public session at 7:00 p.m. on the paving of the fire lane at the hospital and light standard selection for the public right-of-way. There was also a brief discussion about disclosure requirements for individual meetings with project applicants,proponents or opponents. XL ADJOURNMENT Chair Auran adjourned the meeting at 10:12 p.m. Respectfully submitted, Michael Brownrigg, Secretary SAMINUTES\unapproved.01.09.06.doc 15