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HomeMy WebLinkAboutAgenda Packet - CC - 2006.01.03 CITY PQ BURLINGAME CITY COUNCIL AGENDA City of Burlingame BURUNGAME Regular Meeting—Tuesday,January 3,2006 501 Primrose Road 4 Burlingame,CA 94010 - � d 650 558-7200 CLOSED SESSION 6:30 p.m. Conference Room A a. Conference with Labor Negotiator pursuant to Government Code §54957.6: City Negotiators: Jim Nantell, Deirdre Dolan, Glenn Berkheimer Labor Organizations: 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 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 December 19, 2005 Approve 5. PRESENTATION a. Presentation by Community Action Agency of San Mateo Presentation County 6. PUBLIC HEARING The Mayor may limit speakers to three minutes each a. Public Hearing and Adoption of an Ordinance prohibiting Hearing/Action spectators to gather at or be present within 200 feet of illegal speed contests, exhibitions of speed, or sideshows b. Introduce an Ordinance on Rollins Road Zoning Canceled 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 that 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. Transmittal of the FY 2004-05 Comprehensive Annual Approve Financial Report(CAFR) b. Introduce Ordinance to amend Chapter 6.24 (Peddlers and Introduction Solicitors) and repeal Chapter 6.26 (Charitable Solicitation) 9. CONSENT CALENDAR Approve a. Authorization to solicit donations for City needs 10. COUNCIL COMMITTEE REPORTS 11. OLD BUSINESS 12. NEW BUSINESS 13. ACKNOWLEDGEMENTS a. Department Reports: Police,November, 2005 b. Letter from Comcast concerning programming adjustment 14. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall 501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burl inag me.org. Agendas and minutes are available at this site. NEXT.MEETING—Tuesday, January 17,2006 CITY 0 BURUNr9 ME 0--41. ---J 6 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of December 19, 2005 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Cathy Baylock called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Pat Giorni. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Cohen, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Corrections were made to the minutes of the December 5, 2005 Council meeting: Item 7.b., correct Eric Winkler to read Erik Winkler; and add to Item 8.b., "Councilman Cohen asked Anne LeClair of the San Mateo County Convention and Visitors' Bureau to provide Council with some of the printed materials of their services and programs that they disseminate." Councilwoman O'Mahony made a motion to approve the amended minutes of the December 5, 2005 regular Council meeting; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. 5. PUBLIC HEARINGS (None) 6. PUBLIC COMMENTS Pat Giorni, 1445 Balboa, spoke on Comcast's reprogramming. There were no further comments from the floor. 7. STAFF REPORTS a. CONSIDER APPOINTMENTS TO BEAUTIFICATION COMMISSION Councilman Cohen made a motion to appoint Jo-Ellen Ellis and Susie Lahey to the Beautification Commission; seconded by Councilwoman O'Mahony, approved unanimously by voice vote, 5-0. 1 Burlingame City Council December 19,2005 Unapproved Minutes b. STUDY PROPOSED AMENDMENT TO THE ZONING MAP AND REVISED ZONING REGULATIONS FOR THE ROLLINS ROAD INDUSTRIAL AREA CP Monroe presented the December 19, 2005 staff report, including the proposed zoning regulations and the supporting excerpts from the North Burlingame/Rollins Road Specific Plan and correspondence the Planning Commission and City Council had received on this matter. Councilmembers discussed the proposed zoning noting: • Will the issue regarding whether the incentives for the Southern Gateway Subarea are lot combination'and' gateway feature 'or' lot combination or gateway feature come back to the Council for consideration later? • Will design review in the Auto Row area include signage? • Feel that the additional FAR bonus for the southern gateway should be allowed; and biotech uses and pedestrian retail like the uses allowed on Broadway also should be considered in the southern gateway area. • Check the action minutes on the specific plan, do not recall if the FAR 1.0 bonus was to be a maximum over the base FAR of 1.0, or an entitlement of 2.0 FAR; would like to review that discussion, thought that conclusion between the two items was 'or'. • How is "boarding care" defined,re veterinary hospital? What did the Planning Commission do regarding the boarding of animals? The density of animals should be considered in a boarding facility. • How will the building materials/garden supply use work in the Rollins Road area; how will the traffic impacts of this use be addressed? How will the 100,000 SF work; how is the size determined; and is it a size acceptable to the market place, is there a maximum size? • Feel that there is inadequate visioning in the specific plan for the Rollins Road area; no clear view in the plan of how the area is to "look"; too much flexibility in design choices, should provide detailed streetscapes. • Plan misses an opportunity to create commuter bicycle access from the nearby Millbrae transit hub; would like a separated bicycle pathway included as an amendment to the plan. • The uses of the Rollins Road drain should stay the same as they are now, storage only of mobile things; failure of the drain to serve its design purpose is not acceptable. • How do we address directing customers to the new auto row? Mayor Baylock opened the meeting to public comment. John Ward representing CSE Investment; Trask Leonard, Bayside Properties; Terry Horn, 405 Primrose Road; Pat Giorni, 1445 Balboa; spoke. Think that adopting this ordinance setting aside three issues for further consideration, and then adopting amendments is ill-advised; client would like to provide either lot consolidation or gateway feature for entitlement to 1.0 additional FAR; would like the opportunity for other uses in the gateway area. Proposed regulations would limit the ability of the property owner he represents to use the warehouse she owns in the southern gateway area, city is forcing to ideal uses, this is an economic problem for his owner. Leasing agent for a building on Adrian Court which has a number of small tenants, this is in the auto row area, so as these tenants change they would be required to get conditional use permits if they are not auto-oriented businesses, would like to have the zoning not to require the expense and time involved for a conditional use permit for these small tenants; perhaps the auto row overlay should apply only to larger parcels, those which are acreage. Understand that property owners do not want boarding of animals in the Rollins Road area, city needs better definition of"boarding animals," but the proposed SPCA use is different from commercial boarding of animals, they will need to leave their Coyote Point location in 2006 so need a place to go; the site they are 2 Burlingame City Council December 19, 2005 Unapproved Minutes considering was occupied by two biotech firms both of which had animals on site for research purposes. There were no further comments from the floor. The public comment was closed. Council discussion: Think the ordinance should be referred back to the Planning Commission subcommittee to have the FAR issue at the Southern Gateway resolved as well as the issues raised by the property owners; bike pathway might be a good idea, but not if the traffic lanes and parking on Rollins are affected, and should not be placed on private property; Rollins Road could be made three lanes with parking on both sides and a bicycle lane on each side. This is a plan issue and should be referred to the Bicycle Subcommittee of the Traffic, Safety, and Parking Commission. CP Monroe noted that the bicycle lane through the Rollins Road industrial area is not a zoning issue; it is a specific plan/general plan issue. Asst. DPW Murtuza noted that much of the traffic in the Rollins Road area is heavy trucks and cars, that narrowing the roadway to three lanes (one in each direction and a center turning lane) would probably back up traffic at Broadway and create a circulation problem within the Rollins Road area, uses in the area depend on the on-street parking, and removing that also would create a problem, any alteration to Rollins Road needs thorough study and evaluation. Don't want to hold up the zoning to resolve the plan, e.g. bicycle issue. Don't want to miss an opportunity to look at this issue more closely, should be looking at ways to do a bike lane, not reasons not to. Bike path is worth study, but do not want to hold up zoning for it, zoning should be referred back to the Subcommittee to address the issues raised, some consideration should be given to how small businesses could be processed more quickly. Refer back to the Planning Commission: use in the drain is a big issue that needs to be resolved. CA Anderson noted that without zoning in place, the adopted plan takes precedence. Mayor Baylock directed that the proposed zoning for the Rollins Road area be referred back to the Planning Commission Subcommittee for resolution of the issues raised; then taken back to the whole Planning Commission for review, public hearing and action; and then, with the Planning Commission recommenda- tion, will be brought back to the City Council. This item will be renoticed when it is returned to the City Council for consideration. C. INTRODUCE AN ORDINANCE 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 introduce an ordinance prohibiting spectators to gather at or be present within 200 feet of illegal speed contests, exhibitions of speed or sideshows. Mayor Baylock requested CC Mortensen to read the title of the proposed ordinance adding Chapter 10.72 to the Burlingame Municipal Code to prohibit the gathering of spectators at illegal speed contests, exhibitions of speed, and sideshows. Councilwoman O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilman Cohen, approved unanimously by voice vote, 5-0. Vice Mayor Nagel made a motion to introduce the proposed ordinance; seconded by Councilman Cohen, approved unanimously by voice vote, 5-0. Mayor Baylock requested CC Mortensen to publish a summary of the proposed ordinance at least five days before proposed adoption. 8. CONSENT CALENDAR Vice Mayor Nagel requested item. 8.b. be pulled for discussion. 3 Burlingame City Council December 19,2005 Unapproved Minutes a. APPROVAL FOR TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION AT 1441 AND 1445 BELLEVUE AVENUE DPW Bagdon requested Council approve the tentative and final parcel map for lot combination of 1441 and 1445 Bellevue Avenue. C. APPROVE ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR CA Anderson requested Council approve the rotation list for Mayor and Vice Mayor for the coming year. d. APPROVAL OF TRANSIENT OCCUPANCY TAX REFUND FOR DOUBLETREE HOTEL AS RELATED TO THE CHAPTER 11 FILED BY UNITED AIRLINES AND AIR CANADA AIRLINES FinDir Nava requested Council approve a refund of Transient Occupancy Taxes for$7,215.50 to the DoubleTree Hotel. e. WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants #15148-15773 duly audited, in the amount of $3,425,973.28 (excluding library checks 15256-15283), Payroll checks#163984-164202 in the amount of $2,495,458.67 for the month of November 2005. Councilwoman O'Mahony made a motion to approve items a. and c. through e. of the Consent Calendar; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. b. APPROVE CONTRACT TO ECONOMIC RESEARCH ASSOCIATES FOR DOWNTOWN ECONOMIC STUDY AND AUTHORIZE APPROPRIATION OF FUNDS CP Monroe requested Council adopt a resolution approving an agreement with Economic Research Associates for performance of a Downtown Economic Study and requested amending the agreement to reflect the correct completion date of May 30, 2006, instead of April 30, 2005. Vice Mayor Nagel stated that this study is the first step in the planning process for the downtown area. Mayor Baylock suggested adding discussion of the planning process to the agenda for the Goals Session scheduled for January 28, 2006. Council also discussed whether the funds for this study should be appropriated from the Parking Enterprise Fund and whether Parking Enterprise should be repaid from the General Fund at a later date. CA Anderson stated that a portion of parking meter revenues from meters located on the public street are actually General Fund monies set aside to be devoted to traffic safety, parking meters and parking improvements. The meter revenues that come from parking lots are also General Fund monies; but their use is not restricted to traffic safety, parking meters and parking improvements. He further explained that the Finance Department was working to make sure that we could distinguish between the revenues from meters on public streets versus the other meter revenues; but at this point the City expenditures for traffic safety, parking meters and parking improvements exceeded the revenue from the street parking meters. Therefore the remaining funds available in the Parking Enterprise could be used to fund the economic study. Council consensus was to debit the Parking Enterprise Fund for this study without an expectation of repayment from the General Fund. 4 Burlingame City Council December 19,2005 Unapproved Minutes Councilwoman Keighran made a motion to approve Resolution No. 92-2005 approving the amended agreement with Economic Research Associates for performance of a Downtown Economic Study; seconded by Vice Mayor Nagel, approved unanimously by voice vote, 5-0. 9. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 10. OLD BUSINESS In response to Vice Mayor Nagel's inquiry, CM Nantell advised that so far the City has received three applications for the position of Planning Commissioner. The deadline is January 3, 2006. CC Mortensen will send a reminder to the community on the City's List Serve of the Planning Commissioner application deadline as well as the dates and locations of the Centennial subcommittees meeting in January. 11. NEW BUSINESS Vice Mayor Nagel requested an update of the Community Recognition Program from P&RD Schwartz at a future meeting. 12. ACKNOWLEDGMENTS a. Commission Minutes: Parks &Recreation, November 17, 2005; Beautification, December 1, 2005; Planning, December 12, 2005 b. Department Reports: Finance, November 2005; Building, November 2005 c. Two letters from Comcast concerning programming changes and a price adjustment 13. ADJOURNMENT TO CLOSED SESSION Mayor Baylock adjourned the meeting at 9:05 p.m. in memory of Barbara Peterson. CLOSED SESSION Threatened Litigation (Government Code § 54956.9(b)(1),(3)(c)) a. Claim of Jonathan Sharp b. Conference with Labor Negotiator pursuant to Government Code § 54957.6: City Negotiators: Jim Nantell, Deirdre Dolan, Glenn Berkheimer Labor Organizations: Police Officers Association; Police Administrators Mayor Baylock adjourned the Closed Session at 9:56 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 5 Burlingame City Council December 19, 2005 Unapproved Minutes CITY o� STAFF REPORT BURUNGAME AGENDA ITEM# 5a x'009 Som MTG. } °oRATEOJUNE� DATE 1/03/2006 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 22, 2005 E APPROVED FROM: Doris Mortensen 558-7203 BY SUBJECT: Presentation by Community Action Agency of San Mateo County, Inc. Diane Shakoor, Program Manager for the Community Action Agency of San Mateo County, Inc. (CAA) will provide a brief presentation about the agency in support of their request for Council to consider making a new appointment to their Board. BACKGROUND: James T. Quinn has served as the public sector representative for the City of Burlingame for six years. Mr. Quinn's 4-year term expired in November 2005, and he has asked not to be re-appointed. Therefore, the Community Action Agency(CAA) is soliciting for a new public sector representative from Burlingame to be appointed by the City Council. Mr. Quinn will continue on the board until a replacement is appointed. Attachments: CAA letter and brochures Community Action Agency of San Mateo County, Inc. Ca. Cont. Lic.#622926 930 Brittan Avenue FAX (650) 595-5376 (650) 595-1342 San Carlos, CA 94070 www.caasm.or December 2, 2005 Mr. James Nantell City Manager City of Burlingame 501 Primrose Road Burlingame, CA 94010 RE: James T. Quinn Appointment to the Board of Directors of the Community Action Agency of San Mateo County, Inc. Dear Mr.Nantell• The Board of Directors of the Community Action Agency of San Mateo County, Inc. (CAA) is requesting that Mr. James T. Quinn be re-appointed for another term of four(4)more years. Mr. Quinn's term expired November 2005. Mr. Quinn has been on the Community Action Agency of San Mateo County, Inc. Board of Directors since November 1999. Mr. Quinn has served in the following capacities since 1999: Treasurer of the Corporation; Chair of the Finance and Personnel Oversight Committee; and currently is a member of the Planning/Programs Safety Oversight Committee Mr. Quinn is a very active participant on our Board of Directors. Mr. Quinn' re-appointment from the City Council will be greatly appreciated. If you have any questions,please contact me at 650-595-1342. Sincerely, Regina R. Colbert,President cc: James T. Quinn William P. Bullard, Chair, Board Management and Development Committee William F. Parker, Executive Director TO IMPROVE TIIE QUALITY OF LIFE FOR ELIGIBLE RESIDENTS OF SAN MATEO COUNTY Executive Director—William F.Parker Board of Directors/Offieers District ltl District#2 District#3 District#4 L.I. William Bradford,2nd V.P. Barbara Bostic Vacant Vacant Pub. James T Quinn Edward Gutierrez William PBltllan4 Ist Y.P. Bennie Wells Priv. Selu Mapa Connie Bawnrucker,Treas. Regina Colbert,Pres. Stephen selAnF,p Ad Community Action Agency of San Mateo County, Inc. Ca. Cont. Lic. #622926 930 Brittan Avenue FAX (650) 595-5376 San Carlos, CA 94070 (650) 595-1342 FAX TRANSMITTAL FORM DATE: December 22, 2005 TO: Doris J. Mortensen, City Clerk 650-342-8386 FROM: Grace Kanomata NUMBER OF PAGES: 7 (INCLUDING THIS PAGE) COMMENTS: Attached are information for the City Council Meeting of January 3, 2006, for presentation by he Community Action Agency of San Mateo County, Inc. I will also mail the hard copies of the two brochures being faxed to you today, Thank you very much. Grace Kanomata IMPORTANT NOTICE: This message is intended only for the use of the individual or entity to which it is addressed. It may contain information that is privileged, confidential, and exempt from disclosure under the law. If the reader of this message is not the intended recipient, or the employee, or agent responsible for delivering the message to the intended or the intended recipient, you are notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the address listed above via the United States Postal Service. Thank you for your assistance. If the transmission is incomplete or otherwise unsatisfactory, please call the vtuftlbar on the letterhead promptly, and we will try again. Thank you. Community Action Agency of San Mateo County, Inc. Ca. Cont. Lic. #622926 930 Brittan Avenue FAX(050) 595-5376 (650) 595-1342 San Carlos, CA 94070 www.caasm.or� October 12, 2005 Mr. James Nantell City Manager. City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr.Nantell: The Community Action Agency of San Mateo County, Inc. is the designated anti-poverty agency for San Mateo County. Eligibility for our services is based upon Office of Management and Budget(OMB)Poverty Guidelines and those eligible do not pay for the services received. Weare trying to get our message out to a broader cross-section of the community. As part of that process,we would like to offer a speaker for one of your meetings. Enclosed for your information is a brochure outlining CAA services. If the City of Burlingame would be interested in having someone from the Community Action Agency of San Mateo County, Inc.present a program at one of your meetings or learn more About what we do,please contact.Grace Kanomata or Greg Redican at 650-595-1342. Sincerely, William F.Parker Executive Director WFP:gk Enclosure TO IMPROVE THE QUALITY OF LIFE FOR ELIGIBLE RESIDENTS OF SAN MIATEO COUNTY F,xecutive Director—William F.Parker Board of Directors/®fficers District#1 District#2 District#3 District#,4 L.I. William Bradford,lead V.P. Barbara Bostic Vacant Vacant Pub. James T Quinn Edward Gutierrez William PBullard,1st V. . J owlie"Y've'dis Priv. Selu Mlapa Connie Baaerrrucker,"!Teas. Regina Colbert,fres. Nayaiaa Jliai✓,vi ITTAGENDA 6a '0 un ITEM# -_ STAFF REPORT DATE Janus 32 6_ TO: -Honorable Mayor and City Council SUBMITTED BY:_,lack Van Etten, Police Chief_ DATE: December 22, 2005 APPROVED FROM: Jack Van Etten, Polic Chief _.__ BY:_Jim Nantell, CT SUBJECT: Public Hearing and Adoption of City Ordinance (Chapter 10.72), Prohibitin pectators to gather at or be present within 200 feet of Illegal Speed Contests, Exhibitions of Speed, or Sideshows RECOMMENDATION: The City Council should hold a public hearing and take action to adopt newly proposed Burlingame City Ordinance (Chapter 10.72) that will specifically prohibit spectators to gather or be present (within 200 feet) at illegal speed contests, exhibitions of speed, or sideshows. BACKGROUND: Under existing law (section 23109 of the California Vehicle Code), motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as drag races or street races. Streets within the City of Burlingame have been the site of continuing and escalating illegal street racing over the past several years. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the rights of private business owners to enjoy the use of their property within the City of Burlingame. The illegal street races occur on an irregular basis on various streets within the City. Dozens of racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, and otherwise encouraging, aiding and abetting the racing process. Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, race for a period of time, and then move to other locations upon the arrival of the police. Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, and other electronic devices to communicate with each other to avoid detection or arrest by the police. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. As a result, the police have increased their awareness of street racers and the locations where they occur in a proactive effort to protect the public, prevent traffic accidents, property crimes, and eliminate (or reduce) additional calls for police service. As a result of increased reports of street racing and exhibitions of speed (5 incidents in 2004 and to 14 to date in 2005), the Burlingame Traffic, Safety and Parking Commission has addressed this issue. Following their study, the TSP Commission has recommended that an ordinance be created to specifically address making it illegal for spectators to be present at these illegal activities. The TSP Commission has sent their recommendation back to staff to present it to council for consideration and approval. DISCUSSION: Existing California Vehicle Code laws prohibit speed contests and exhibitions of speed.In addition,existing California Vehicle Code law also prohibits persons who aid,abet or actively participate in these types of illegal street activities.However,there is no existing state law that prohibits being a spectator at these types of illegal events.This new city ordinance will specifically prohibit the gathering of spectators(on public or private property)to be present at,or to view illegal motor vehicle speed contests or motor vehicle exhibitions of speed if the person is within 200 feet of the illegal event. This new city ordinance will provide local law enforcement with additional means by which to protect the lives of the public,and to discourage and prevent illegal and dangerous street racing and sideshows from occurring within the City of Burlingame. The City of San Diego has adopted a similar city ordinance that prohibits being a spectator at illegal street racing events,exhibitions of speed or side shows.Our spectator ordinance is similar to that of the City of San Diego. FISCAL IMPACT: None ATTACHMENTS: Proposed Burlingame City Ordinance 10.72 Related Police Department Calls for Service involving recent Street Racing 1 ORDINANCE NO. ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 10.72 TO THE BURLINGAME MUNICIPAL CODE TO PROHIBIT THE GATHERING OF SPECTATORS AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, AND SIDESHOWS 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1 . This ordinance is adopted in order to provide law enforcement with 8 additional means by which to discourage and prevent dangerous street racing and sideshows in 9 the community. 10 11 Section 2. A new Chapter 10.72 is added to read as follows: 12 Chapter 10.72 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF 1J SPEED, OR SIDESHOWS 14 Sections: 10.72.010 Purpose. 15 10.72.020 Definitions. 10.72.030 Spectator at illegal speed contest, exhibitions of speed, or sideshows - Violation. 16 10.72.040 Relevant circumstances to prove a violation. 10.72.050 Admissibility of prior acts. 17 is 10.72.010 Purpose. 19 (a) The city council finds and declares that motor vehicle speed contests and exhibitions 20 of speed conducted on public streets and highways are illegal under California Vehicle Code 21 section 23109. Motor vehicle speed contests and exhibitions of speed are commonly known as 22 street races or drag races. Streets within the city have been the site of illegal street racing over 23 the past several years. Such street racing threatens the health and safety of the public, interferes 24 with pedestrian and vehicular traffic, creates a public nuisance, violates the rights of persons to 25 peacefully use and enjoy the city and its facilities, parks, and walkways, and interferes with the 26 right of business owners to enjoy the use of their property within the city. Illegal street racers 27 accelerate to high speeds without regard to vehicular traffic, pedestrians, or vehicles parked or 28 moving nearby. The racers drive quickly from street to street, race for several hours, and then 12/20/2005 1 I move to other locations upon the arrival of the police. In addition,the Bay Area has witnessed 2 a variation on speed contests called sideshows, where drivers of vehicles engage in reckless 3 stunts and maneuvers on streets,sidewalks,and other public places in the presence of spectators. 4 These sideshows constitute a public nuisance. 5 (b) Those who participate in this illegal activity can be very sophisticated, using their 6 cell phones, police scanners, and other electronic devices to communicate with each other to 7 avoid detection or arrest.They also use the Internet to provide information on where to race,and 8 give advice on how to avoid detection and prosecution. Traffic accidents,property crimes, and 9 calls for police service can increase dramatically. The mere presence of spectators at these 10 events fuels the illegal street racing and sideshows and creates an environment in which these 11 illegal activities can flourish. 12 (c) This chapter is adopted to prohibit spectators at illegal street races and sideshows 13 with the aim of significantly curbing and inhibiting this criminal activity. The chapter gives 14 proper notice to citizens as to what activities are lawful and what activities are unlawful. In 15 discouraging spectators, the act of organizing and participating in illegal street races and 16 sideshows will be discouraged. 17 18 10.72.020 Definitions. 19 For purposes of this chapter, the following definitions shall apply: 20 (a) "Illegal motor vehicle speed contest' or "illegal exhibition of speed" means any 21 speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a) 22 and 23109(c). 23 (b) "Preparations for the illegal motor vehicle speed contest, exhibition of speed, or 24 sideshow" include, but are not limited to, situations in which: 25 (1)A group of motor vehicles or individuals has arrived at a location for the purpose of 26 participating in or being spectators at the event; or 27 (2)A group of individuals has lined one or both sides of a public street or highway for 28 the purpose of participating in or being a spectator at the event; or 12/20/2005 2 1 (3) A group of individuals has gathered on private property open to the general public 2 without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; or 4 (4) One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; or 6 (5)Two or more vehicles have lined up with motors running for an illegal motor vehicle 7 speed contest, exhibition of speed, or sideshow; or 8 (6)One or more drivers is revving his engine or spinning his tires in preparation for the 9 event; or 10 (7) An individual is stationed at or near one or more motor vehicles serving as a race 11 starter. 12 (c) "Sideshow"means a gathering, procession,or assemblage of vehicles on highways 1 where vehicles in motion are used to exhibit stunts and maneuvers in the presence of spectators. 14 (d) "Spectator" means any individual who is present at an illegal motor vehicle speed 1 contest,exhibition of speed,or sideshow or at a location where preparations are being made for 16 such activities, for the purpose of viewing, observing, watching, or witnessing the event as it 17 progresses. "Spectator" includes any individual at the location of the event without regard to 18 whether the individual arrived at the event by driving a vehicle, riding as a passenger in a 19 vehicle, walking, or arriving by some other means. 20 21 10.72.030 Spectator at illegal speed contest,exhibitions of speed,or sideshow-Violation. 22 (a) It is unlawful for any individual to be knowingly present as a spectator, either on a 2 3 public street or highway, or on private property open to the general public without the consent 24 of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition i 2 5 of speed. 26 (b) It is unlawful for any individual to be knowingly present as a spectator, either on a 27 public street or highway, or on private property open to the general public without the consent 28 of the owner,operator,or agent thereof,where preparations are being made for an illegal motor 12/20/2005 3 I vehicle speed contest or exhibition of speed. 2 (c) It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway,or on private property open to the general public without the consent 4 of the owner, operator, or agent thereof, at a sideshow. (d) It is unlawful for any individual to be knowingly present as a spectator, either on a 6 public street or highway, or on private property open to the general public without the consent 7 of the owner, operator, or agent thereof, where preparations are being made for a sideshow. S (e) An individual is present at the illegal motor vehicle speed contest or exhibition of 9 speed if that individual is within 200 feet of the location of the event, or within 200 feet of the 10 location where preparations are being made for the event. 11 (f) Exemption: Nothing in this section prohibits law enforcement officers, a medical 12 professional, or a firefighter from being present at illegal motor vehicle speed contests, 1 exhibitions of speed, or sideshows in the course of their official duties. 14 1 10.72.040 Relevant circumstances to prove a violation. 16 Notwithstanding any other provision of law,to prove a violation of section 10.72.030, 17 admissible evidence may include,but is not limited to, any of the following: Is (a) The time of day; 19 (b)The nature and description of the scene; 20 (c) The number of people at the scene; 21 (d)The location of the individual charged in relation to any individual or group 22 present at the scene; 23 (e)The number and description of motor vehicles at the scene; 24 (f)The activities in which the motor vehicles are engaged; 25 (g) Whether the individual charged drove, walked, or was transported to the scene; 26 (h) How long the individual charged was present at the scene of the event; 27 (i) Whether the individual charged has previously participated in an illegal motor S vehicle speed contest, exhibition of speed, or sideshow; 12/20/2005 4 I (j) Whether the individual charged has previously aided and abetted an illegal motor vehicle speed contest, exhibition of speed, or sideshow; (k) Whether the individual charged has previously attended an illegal motor vehicle 4 speed contest, exhibition of speed, or sideshow; (1) Whether the individual charged previously was present at a location where 6 preparations were being made for an illegal speed contest,exhibition of speed,or sideshow,or 7 where an exhibition of speed,illegal motor vehicle speed contest,or sideshow was in progress. 8 9 10.72.050 Admissibility of prior acts. 10 The list of circumstances set forth in section 10.72.040 is not exclusive. Evidence of 11 prior acts may be admissible to show the propensity of the defendant to be present at or attend 12 an illegal motor vehicle speed contest, exhibition of speed, or sideshow, if the prior act or acts 13 occurred within three (3) years of the presently charged offense. These prior acts may always 14 be admissible to show knowledge on the part of the defendant that a speed contest, exhibition 1-� of speed, or sideshow was taking place at the time of the presently charged offense. Prior acts 16 are not limited to those that occurred within the city. 17 is Section 3. The provisions of this ordinance are severable, and if any word, clause, 19 sentence,paragraph,provision,or part of this ordinance,or the application of this ordinance to 20 any person,is declared invalid,preempted, or unconstitutional by any court,that holding shall 21 not invalidate any other portion of this ordinance. The City Council finds and determines that 22 it would have adopted this ordinance without the word,clause,sentence,paragraph,provision, 23 or part that was declared invalid. 24 25 Section 4. This ordinance shall be published as required by law. 26 27 Mayor 28 12/20/2005 5 1 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 2 the foregoing ordinance was introduced at a meeting of the City Council of the City of Burlingame on the 19"day of November,2005,and the ordinance was duly adopted at a regular 4 meeting of the City Council on the day of ,2005,by the following vote: 6 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 7 ABSENT: COUNCILMEMBERS: City Clerk 10 I1 12 CADocuments and Settings\vanetten\Local Settings\Temporary Internet Files\OLK5\sideshowspectators.ord.wpd 1� 14 1� 16 17 18 19 20 21 22 24 2-5 26 27 28 12/20/2005 6 Date 01/16/2004 Opr riley ICN Unit. Status !all 511066 File Curis BURL 1 ,ocation WATCH COMMANDER .)) pe 23103 Svc P Agcy BPD Area 3 Dist IP' YZPty 1BHow? 1 125 S7 DISPCH 2emarks (RECKLESS DRIVING) 15:27:00 I 1 2 MOTORCYCLES GOING IIP AND DOWN DOING 15:27:13 1 PATROL 2 WHEELIES/ TSELF/ENDAGERING 15:27:22 125 L12 DISPCH 3 THEMSELVES AND MOTORISTS COMING OUT OF DRWYS 15:36:54 i L26 CLEARD 4 UTL GOA I L34 CLEARD Last First am Phone 40B-687-7833 i L36 CLEARD AddressI Cross Streets Rec POD 1 BOLO N Hn N EL N PH 57 (AFTER 0000, L12 01 O I . I I i UNST NAME RCVD DISP ARVD CLRD CLS Backup Units I T22 WITT, CHARLES 1526 1528 1535 1536 77 ISu: 0 P2: 0 IP3. 0 P1: 1 CMD: Call 533489 File Date 07/10/2004 Opr eisenman 1CN Unit. Status Juris BURL 1 Location � B ea 3 Dist 21 Zn PD Bt C WATCH COMMANDER Type 415S vc cy BP Remarks CAUSING A DISTURBANCE)) IP? Y Pty D1H15'12 I S7 CLEARD it SEVERAL DOZEN YOUNG PEOPLE DRAG RACING ON 01:15:13 PATROL )2 STREET 01:18:29 125 L12 ARRIVD )3 CODE-4 01:18:35 127 L26 DISPCH A VEHS LEAVING THE AREA 01:19:09 126 L34 DISPCH 35+ WB PD ADVISED First Phone 1 Last CITIZEN 126 L36 DISPCH Address1 Cross Streets Rec POD 2 BOLO N HFu^ N )L N PH 21 (AFTER 0000, L12 01 I I I I I UNIT NAME R= DISP ABVD CLRD CLS Backup Units 1 L33 GRANUCCI, DAVID 0114 0115 0117 0119 18 L36 II Su: 0 P2: 0 iP3: 0 P1: 1 CMD: Remarks Detail for Ca11 533489 Page IOf ITime. Operator POD ## Remarks........... 07/10 01:15 eisenman 2 1 SEVERAL DOZEN YOUNG PEOPLE DRAG RACING ON 07/10 01:15 eisenman 2 2 STREET 07/10 01:18 chrisg 17 3 CODE-4 07/10 01:18 chrisg 17 4 MS LEAVING THE AREA 07/10 01:19 chrisg 17 5 MLB PD ADVISED 07/10 01:19 chrisg 17 6 AREA CLEAR Date 09/05/2004 Opr winter JCN Unit. Status mall 541045 File ,7uris BURL vocation Dist 20 Zn PD Bt C WATCH COMMANDER type 22350 Svc P Agcy BPD Area 3 Remarks (SPEEDING) IP? N Pty 1 How? 5 125 57 DISPCH 02:37:10 1 1 VERS ABOUT TO RACE/ SUB JS LEAVING NOW 02:39:33 1 PATROL 2LICIM 02:39.39 125 L12 DISPCH 3 LIC 02:40:01 L26 CLEARD 4 LIC 02:40:07 L34 CLEARD 15+ LIC ANU Last OFFICER First GRCCI, DAVID Phone I L36 CLEARD Address Ree POD 17 BOLO N HA2 N EL N PH 7 Cross AFTER 0000, L12 St Year Make Model Color Additional VLic �I O1 02+ 0 W tTNIT NAME RCVD DISP ARVD CLRD CLS Backup Units L33.- GRANUCCI, DAVID 0236 EVNT 0236 0245 77 jSu: 0 P2: 0 IP3: 0 P1: 1 CMD: Remarks Detail for Call 541045 page 101 1Time. Operator POD .......... ## Remarks................ ... ... .. ....��� 09/05 02:37 winter 17 1 VEHS ABOUT TO RACE/ SUBJS LEAVING NOW 09/05 02:39 winter 17 2 09/05 02:39 winter . 17 09/05 02.40 winter 17 09/05 02:40 winter 17 09/05 02:40 winter 17 09/05 02:40 winter 17 09/05 02:40 winter 17 09/05 02:41 winter 17 09/05 02:41 winter 17 09/05 02:41 winter 17 _ i Call 5,46540 File Date 10/16/2004 Opr eisenman ICN Unit. Status Juris BURL Location WATCH COMMANDER Type 1186 Sv�cy PD Area 3 Dist 21 2n y Bt C 1 Remarks (TRAFFIC STOP) IP? N Pty 1 How? 5 �25 S7 ARRIVD 23:39:02 )1 2 VEHICLES RACING 23:38:34 PATROL )2 LIC 23:45:01 125 L12 ARRIVD )3 NAM/ 23:44:54 127 L26 DISPCH 04 CODE 4 PER X16 126 1,34 DISPCH Last OFFICER First BOLL_ROBERT Phone 126 L36 DISPCH Address Cross Streets Rec POD 2 BOLO N RAZ N EL N PH 22 (AFTER 0000, L12 01 VLic St Year Make Model Color Additional 1 RCVD DISP ARVD CLRD CLS Backup Units UNIT NAME L23 BOLL, ROBERT 2338 TSTP 2338 2351 86 JSu: 0 P2: 0 IP3: 0 P1: 1 CMD: Call 546558 File 200403785 Date 10/17/2004 Opr eisenman ICN Unit. Status Turis BURL DER Location WATCH CObiMZiSPCH Type VC Svc P Agcy BPD Area 3 Dist TP' Y2ptyDIBK w, 5 �25 S7 DI SPCH Remarks (VEH CODE VIOLATION) 00:49:54 1 WITH 3 RACERS 00:58:39 I PATROL 2 3 CARS, 6 SUBTS. BEING CITED 00:56:19 125 L12 DISPCH i300:58:19 1 L26 CLEARD )4 01:06:29 1 L34 CLEARD )5+ 1 Last OFFICER First BOLL, ROBERT Phone 1 L36 CLEARD Address Cross Streets Rec POD 2 BOLO N I= N EL N PE 64 1AFTER 0000, L12 I VLic St Year Make Model Color Additional ( 1 1 UNIT NAME RCVD DISP ABVD CLRD CLS Backup Units 1 L23 BOLL, ROBERT 0049 EVNT 0049 0129 77 1Su: 0 P2: 0 1P3: 0 Pl: 1 CMD: Remarks Detail for Call 546558 page 1 of 1 Date. Time. Operator POD # R 10/17 00:49 eisenman 2 1 10/17 00:58 eisenman 2 2 SEX/M 10/17 00:56 eisenman 2 10/17 00:58 eisenman 2 3 P U 10/17 01:06 eisenman 2 DUPE 5 SEX/N_ 10/17 01:04 eisenman 2 SEX/M 10/17 01:04 eisenman 2 10/17 01:15 eisenman 2 _ 10/17 01:15 eisenman 2 SEX/MRao_ 10/17 01:16 eisenman 2 is Call 562575 File Date 03/01/2005 OPr lembke ICN Unit. Status Juris BURL Location WATCH COMMANDER Type 2310 0q.qW0Agcy BPD Area 3 Dist IP' Y Zn PD 1 I S7 CLEARD Remarks (RECKLESS DRIVING) 21:10:56 I )1 VEH DOING DONUTS IN GRAVEL PARKING LOT/ 21.11:22 I PATROL 32 TO ADV/ 21:22:10 I L12 CLEARD 03 DISPO: GOA/ I L26 CLEARD L34 CLEARD Last E_ First Phone� i L36 LUNCH Address Cross Streets Rec POD 1 BOLO NMUHN EL Y PH 836 (AFTER 0000, L12 of I I I I I I I UNIT NAME RMDISP ARVD CLRD CLS Backup Units Lll HUTC$INGS, JAME 2109 2111 2119 2122 77 ISu. 0 P2: 0 IP3: 0 P1: 0 CMD: File Date 03/05/2005 Opr winter ICN Unit. Status \Ca11 562941 Location r�US GROUP CONSOLIDATOR Juris BURL 1 Type 1186 Svc P Agcy BPD Area 3 Dist 21 Zn PD Bt C WATCH COMMANDER 1 Remarks (TRAFFIC STOP) IP? N Pty 1 How, 526 S7 ARRIVD 01:45:44 01 LIC/ SES/M 01:46:57 I PATROL 02 NAM/ 01:57:13 25 L12 ARRIVD 03 15 SUBJS SHOWED UP AT THE SAME TIME / FLED WHEN 01:57:19 127 L26 ARRIVD 04 22 DID TRAFFIC STOP 126 L34 ARRIVD Last OFFICER First WITT, CHARLES Phone 126 L36 ARRIVD Address1 Cross Streets Rec POD 2 SOLO N HAZ N EL Y PH 50 (AFTER ODOD, L12 01 02 vLic St Year Make Model Color Additional 1 01 UNIT NAME 1 I I RM DISP ARVD CLRD CLS Backup Units L22 4;ITT, cFARLES 0145 TSTP 0145 0158 86 ISu: 0 P2: 0 IP3: 0 Pl: 1 CMD: Date 03/05/2005 Opr winter 1CN Unit. Status Call 562942 File auris BURL 1 Location WATCH COMMANDER Type 1186 Svc P Agc}' BPD Area 3 Dist 2Pv NZPty 1BH w' S �25 S7 DISPCH Remarks (TRAFFIC STOP) 02:02:44 1 1 LIC �M 02:05:18 PATROL 2 NAM 02:12:57 125 L12 DISPCH 13 CHASED 5 MORE CARS AWAY 1 L26 CLEARD 1 L34 CLEARD Last OFFICER First WITT, CHARLES Phone i L36 CLEARD Address Cross Streets Rec POD 2 SOLO N HM 'K EL N PH 65 (AFTER 0000, L12 1 VLic St Year Make Model Color Additional D� 1 1 UNIT NAME RCVD DISP ARVD CLRD CLS BackuP Units L22 WITT, CHARLES 0202 TSTP 0202 0212 86 1Su: 0 P2: 0 1P3: 0 P1: 1 CMD: Call 562945 File Date 03/05/2005 Opr winter �CN Unit. Status auris BURL Locatior. Bt Type 1186 Svc Agcy BPD Area 3 Dist I8' NZPty I How? 5 �25TCH S7 ARRRIVD Remarks (TRAFFIC STOP) 02:17:01 1 01 LIC 02:17:16 I PATROL 02 LIC 4 S"X/M 02:19:11 125 L12 ARRIVD 03 NAM SER/M 02:19:25 J27 L26 DISPCH 04 NAM/ 02:31:1.0 126 L34 DISPCH 05+ 20 MORE LOCATED Last OFFICER First WITT, CHARLES Phone 126 L36 DISPCH Address Cross Streets Rec PDD 2 SOLO N HAZ N EL N PH 23 ITER 0000, L12 vLic St Year Make Model Color Additional UNIT NAME RCVD DISP ARVD CLRD CLS. Backup Units L22 WITT, CHARLES 0217 TSTP 0217 0231 86 L26 ISu: 0 P2: 0 IP3: 0 P1: 1 CMD: Remarks Detail for Call 562945 page 1Of 1Time. Operator POD Date# R .........- 03/05 02:17 winter 2 03/05 02:17 winter 2 03/05 02:19 winter 2 03/05 02:19 winter 2 03/05 02:31 winter 2 03/05 02:32 winter 2 /Call 563068 File Date 03/06/2005 Opr caine 1CN Unit. Status Juris BURL 1 Location Type 1186 Svc P cy B Area 3 Dist IP° NZnn PDlBt C 5 I25TCH SOMMANDVD Remarks (TRAFFIC STOP) 01:33:01 1 01 01:33:06 I PATROL 02 01:33:12 125 L12 ARRIVD D3 0 FJZ' SEX/M 01:36:12 127 L26 DISPCH 04 NAM/ SEX/M 01:37:1.3 126 L34 DISPCH 05+ NAM/ton- _ ___ 1 Last OFFICER First WITT, CHARLES Phone 126 L36 DISPCH Address Cross Streets Rec POD 2 BOLO N HAZ N EL N PH 24 (AFTER O000, L12 VLic St YearmakeModel Color_ Additional 1 1 1 UNIT NAME RM DISP ARVD CLRD CLS Backup Units 1 L22 WITT, CHARLES 0133 TSTP 0133 0149 86 1 Call 585727 has been updated by user 12 (bough) - IPU: 0 PI: 1 CMD: Remarks Detail for Call 563068 page1 of 1 ## Remarks........................................... Date. Time. Operator POD 03/06 01:33 caine 2 03/06 01:33 caine 2 ° 03/06 01:33 caine 2 03/06 01:36 winter '_7 03/06 01:37 winter 17 03/06 01:48 winter 17 ICal1 564117 File Date 03/14/2005 O r ei senma iCN Unit. Status BURL LocationWATCH COMMANDER Type 415S Svc P Agcy BPD Area 3 Dist 22 Zn PD Bt C Ip? y Pty 2 HOW? 1 S7 CLEARD Remarks (PERSON CAUSING A DISTURBANCE) 22;54:05 01 SEVERAL CARS.DOING DONUTS IN THE GRAVEL 22:54:35 I PATROL 02 DISPO: UTL/ I L12 CLEARD L26 CLEARD L34 CLEARD e Las t First PhonLab LUNCH Address Cross Streets Rec PDD 2 SOLO N HAZ N EL Y PH 841 ITER 0000, L12 UNIT NAME RCVD DISP ABVD CLRD CLS Backup Units L15 LAZZERINI, RICH 2253 2254 2257 2259 IS ISu: 0 1-12: 0 IP3: 0 P1: 0 CMD: Call 567090 File Date 04/10/2005 Opr caine jCN Unit. Status .7uris BURL Location WATCH COMMANDER Type 231 0 Svc P—Agcy PD Area 3 Dist =P' Y Zn BIHow? 5 125 S7 ARRIVD Remarks (RECKLESS /CDRIVING) 02:22:16 )1 LIC/ 02:22:24 PATROL 32 LIC /CA 02:22:31 125 L12 ARRM )3 LIC /CA 04 NAM/ SEX M CTY/REDWOOD CITY- 02:22:53 � L26 CLEARD D5+ NAM SEX/F CTY/PALO ALTO 02:23:46 L34 CLEARD Last OFFICER First BASURTO, NORMA Phone I L36 CLEARD Address Rec POD 2 BOLO N HAZ N EL N PH 27 C � IAFTER 0000, L12 VLic St Year Make Model Color Additional A UNIT NAME RCVD DISK ABVD CLRD CLS BaCkup Units L36 BASURTO, NORMA 0221 EVNT 0221 0246 54 L22/L34/L12 ISu: p P2: 0 IP3: 1 P1: 1 CMD: Remarks Detail for Call 567090 page 1 of 1 Date. Time. Operator POD # Remar:s• •.... .. .... . ... ..... D4/10 02:22 caine 2 04/10 02:22 caine 2 04/10 02:22 caine 2 ITY 04/10 02:22 caine 2 4�F C PALD ALTO 04/10 02:23 caine 2 Y/REDWOOD CITY 04/10 02:24 caine 2 NORRINK/M CTY/REDWOOD 04/10 02:25 caine 2 04/10 02:25 caine 2 04/10 02:46 caine 2 9 ALL CITED Date 04/29/2D05 OPr chrisg JCN Unit. Status .Call 569330 File Juris BURL LocationI WATCH COMMANDER Type 22350 Svc P gcy Area 3 Dist 20 2n PD Bt C Remarks (SPEEDING) IP? N Pty 1 How? 5 125 S7 DISPCH 23:19:04 1 01 LIC/ 23:19:09 1 PATROL 02 LIC 23:19:57 125 L12 DISPCH 03 L I L26 CLEARD Y I L34 CLEARD Last OFFICER First BASURTO, NORMA Phone i L36 CLEARD _ AddressI Cross Streets Rec POD 2 HOLO N HAZ N EL N PH 6B IAFTER 0000, L12 I VLic St Year 'Make Model Color Additional 01 i 02+ I I UNIT NAME R= DISP ARVD CLRD CLS Backup Units I L36 BASURTO, NORMA 2318 EVNT 2318 2321 77 ISu: 0 P2: 0 IP3: 0 Pl: 1 CMD: Call 56975- c Date 05/03/2005 Opr johnson ICN Unit. Status Location Juris BURL Type 23103 Svc F Agcy EPL Area 3 Dist 22 Zn PD Bt C WATCH COMMANDER Remarks (RECKLESS DRIVING) IP? Y Pty 1 How, 1 S7 CLEARD 01 VERS DOING DONUTS - YELLOW JEEP WITH BIG 16:43:06 02 TIRES - MALE DRIVER BLN - JUST LEFT TOWARDS 16:44:03 I PATROL 03 AIRPORT BLVD 16:44:07 1 L12 CLEARD 04 OTHER VER - HONDA CIVIC TAN/GOLD - OCCUPIED 16:43:47 �45 L26 CCLEARD 05+ PARKED IN GRAVEL AREA - AT THE END AFirst phone 650-342-9844 145 L36 ARRTVD Adddrdr ess KINCATDS Cross Streets Rec POD 3 BOLO N HAZ N EL Y PH 852 (AFTER 0000, L12 I . UNIT NAME RCVD DISP ARVD CLRD CLS Backup Units T3.3 GRANUCCI, DAVID 1642 1644 1649 1702 77 L39 ISu 0 P2: 0 JP3: 0 P1: 0 CMD: Remarks Detail for Call 569757 page 1 of 1 ## Remarks _ .. __ _ Date. Time. Operator POD 1, 05/03 16:43 johnson 3 05/03 16:44 johnson 3 05/03 16:44 johnson 3 05/03 16:43 johnson 3 05/03 16:43 johnson 3 05/03 17:02 johnson 3 Call 578624 File Date 07/15/2005 Opr bjworden jCN Unit. Status Location � Juris BURL Type 415J—Svc Agcy 3 Dist 22 Zn PD Bt C WATCH COMMANDER Remarks (DISTURBANCE (JUVENILES)) IP? N Pty 2 How? 1 1 S7 CLEARD 01 RP STATES THERE ARE SEVERAL J'S DOING DONUTS 23:17:05 02 IN THE BACK PARKING PARKING LOT. SUBJECTS IN 23:17:19 I PATROL 03 AN i7NK 23:17:34 L12 LUNCH TYPE OF VER, POSS EXPLORER AND BMW 23:23:38 � L26 CLEARD 04 LARGE GROUP OF J'S ON SCENE 05+ ALL SUBJECTS LEFT THE AREA AND ARE NOW OUT OF 23:28:52 144 L34 DISPCH LastFirst Phone L36 CLEARD Addree 27 BANKROFT ROAD Cross Streets Rec POD 2 BOLO N HAZ N EL Y PH 866 AFTER 0000, L12 UNIT NAME RM DISP ARVD CLRD CLS Backup Units L34 CAMINS, JOSEPH 2316 2318 2323 2328 19 S7 Call 585744 has been updated by user 264 (hough) . IIP3: 0 P1: 0 CMD: Remarks Detail for Call 57SE24 page 1 of 1 ## Remarks........................................... Date. Time. Operator POD 1 RP STATES THERE ARE SEVERAL J'S DOING DONUTS 07/15 23:17 bjworden 2 2 IN THE BACK PARKING PARKING LOT. SUBJECTS IN 07/15 23:17 bjworden 2 3 AN UNK TYPE OF VER, POSS EXPLORER AND BMW 07/15 23:17 bjworden 2 4 LARGE GROUP OF J'S ON SCENE 07/15 23:23 bjworden 2 5 ALL SUBJECTS LEFT THE AREA AND ARE NOW OUT OF 07/15 23:28 bjworden 2 6 THE CITY - 07/15 23:28 bjworden 2 Date 07/16/2005 Opr chrisg �CN Unit. Status \Call 578649 File Juris BURL LocationWATCH COMMANDER Type 415W VC P Agcy HPD Area Diet 22 Zn PD Bt C IP? Y Pty 2 How? 5 I S7 CLEARD Remarks WATERFRONT DISTURBANCE) 02:51:49 D1 LIC 02:51:54 PATROL 02 LIC/ 02:52:17 L12 LUNCH 03 Call holding for unit L26. 02:52:34 L26 CLEARD 04 Call holding for unit L26. 02:53:06 L34 CLEARD D5+ OLDER MODEL VEH W/ -5 ST3B3S Firstt BASURTO, NORMA Phone Last OFFICER I L36 CLEARD Address Cross Ste!'"'�'�� c POD 1 BOLO N HAZ N EL Y PH 867 ITER 0000, L12 01 �) VLic St Year Make Model Color Additional 01 02+ UNIT NAME RCVD DISP ABVD CLRD CLS Backup Units L36 BASURTO, NORMA 0251 EVNT 0251 0317 18 S7/L34/L26 ISu D P2: 1 JP3: 0 Pl: 0 , CMD: Remarks Detail for Call 578649 page 1 of 1 ## Remarks.. .. ....................... .... ... .. Date. 'Time. Operator POD 1 LIC/ 07/16 02:51 chrisg 1 2 LIC/ 07/16 02:51 chrisg 1 3 Call holding for unit L26. 07/16 02:52 chrisg 1 4 Call holding for unit L26. 07/16 02:52 chrisg 1 -5 OLDER MODU VEH W/ 5 SUBJS 07/16 02:53 chrisg 1 6 LIC/ 07/16 02:55 chrisgQw 1 7 GRN EXPLORER NEWER MODEL 07/16 02:55 chrisg 1 8 5 VEHS HEADING TWDS KINCAIDS 07/16 02:57 chrisg 1 9 ESCORTING VEHS OUT OF THE LOT 07/16 03:01 chrisg 1 10 LIC/ 07/16 03:02 chrisg 1 11 VERS HAVE LEFT 07/16 03:04 chrisg 1 12 BAYSIDE PARK IS CLEAR 07/16 03:07 chrisg 1 13 MLB PD ADV 3 VERS OFow OMING INTO BLGM 07/16 03:12 chrisg 1 14 S/B BAYSHORE 07/16 03:13 chrisg 1 15 3 SIL VERS 2D AND 4D SEDANS 07/16 03:13 chrisg 1 16 UTL ON BAYSHORE FOR VEHS 07/16 03:14 chrisg 1 17 CHECKING THE WATERFRONT 07/16 03:14 chrisg 1 Call 581710 Date 08/07/2005 Opr bjworden JCN Unit. Status Juris BURL Location WATCH COMMANDER Type OWS Svc P Agcy Area 3 Dist 22 2n PD Bt C IP? N Pty 2 How? 5 S7 CLEARD Remarks (OFCR OUT W/SUBJ) 02:53:23 O1 LARGE GROUP UN 02 REQ FOR SEVE MORE ITS TO TO HELP CLEAR THE 02:54:30 PATROL 02:54:31 L12 LUNCH 03 AREA. 02:57:02 L26 CLEARD 04 ALL UNITS ENROUTE 02:57:36 I L34 CLEARD 05+ SUBJECTS DISPERSED Last OFFICER First CISSNA, ROBERT Phone I L36 CLEARD Address Cross Streets Rec POD 3 BOLO N HAZ N EL Y PH 877AFTER DODO, L12 VLic St Year Make .Model Color Additional 01 HI 05 02+N& UNIT NAME RCVD DISp ARVD CLRD CLS Backup Units L26 CISSNA, ROBERT 0252 EVNT 0252 0259 66 IC16/L36/S7/L34/ iSu: 0 P2: O JP3: 0 P1: 0 CMD: Remarks Detail for Call 581710 page 1 of 1 Date. Time. Operator POD ## Remarks.... ......................... ......... 08/07 02:53 bjworden 3 1 LARGE GROUP IFO KINCAIDS 08/07 02:54 bjworden 3 2 REQ FOR SEVERAL MORE UNITS TO TO HELP CI+EAR T� 08/07 02:54 bjworden 3 3 AREA. "08/07 02:57 bjworden 3 4 ALL UNITS ENROUTE 08/07 02:57 bjworden 3 5 SUBJECTS DISPERSED 08/07 02:58 bjworden 3 6 SUBJECTS HEADING N/B 08/07 02:59 bjworden 3 7 LIC/ LIS/HI LIY/05 08/07 03:00 bjworden 3 8 LIC 08/07 03:01 bjworden 3 . 9 LI 08/07 03:01 bjworden 3 10 LI 08/07 03:01 bjworden 3 11 LI Call 581925 File I� Date 06/06/2005 Opr eisenman ICN Unit. Status Location�� Juris BURL Type 1154 Svc P Agcy BPD Area 3 Dist 20 Zn PD Bt C WATCH COMMANDER Remarks (SUSP. VER-) IP? N Pty 2 How? 1 125 S7 DISPCH 01 TWO VEHICLES CAME ONTO ADRIAN BURNING RUBBER 18:16:20 I 02 ONE DROVE TO REAR OF R/P'S BLDG BEFORE 18:16:39 I PATROL 03 PARKING IN FRONT OF SPEEDMARK. R/P BELIEVES -18:16:49 125 L12 DISPCH 09 DRIVERS HAVE GONE INTO THE GO CART PLACE. 18:17:09 L26 CLEARD 05+ ONE VEHICLE IS A BLU OR BLU PORSCHE, THE 18:17:22 i L34 CLEARD Last First Phone L36 CLEARD AddrPAC, 1511 ADRIAN RD I ess WORLD Cross Streets Rec POD 2 BOLO N HAZ N EL N PH 70 (AFTER 0D00, L12 of O � -VLic- - st Year Make Model Color Additional I UNIT NAME RCVD DISP ARVD CLRD CLS Backup Units L4 CHAPPELL, MORGA 1615 1623 1830 183 54 ISU: 0 P2: 0 IP3: 0 P1: 1 CMD: Remarks Detail for Call 581925 page 1 of 1 ## Remarks........................................... Date. Time. Operator POD 1 TWO VEHICLES CAME ONTO ADRIAN BURNING RUBBER 08/08 18:16 eisenman 2 08/08 18:16 eiserman 2 2 ONE DROVE TO REAR OF R/P IS BLDG BEFORE s 3 PARKING IN FRONT OF SPEEDMARK. R/P BELIEVES 08/08 18:16 eisenman 2 4 DRIVERS HAVE GONE INTO THE GO CART PLACE- 08/08 16:17 eisenman 2 08/08 18:17 eisenman 2 5 ONE VEHICLE IS A BLU OR BLU PORSCHE, THE 6 OTHER IS A BLK NISSAN S/W. BOTH DRIVERS ARE 08/08 18:17 eisenman 2 08/08 18:17 eisenman 2 7 go MALES 08/08 18:19 eisenman8 R/P NOT SURE IF SUBJS ARE CHECKING HIS PLACE 08/08 18:19 eisenman 2 9 OUT OR JUST LOOKING FOR A PLACE TO DRIVE 08/08 18:19 eisenman 2 10 RECKLESSLY. 08/08 18:34 eisenman 2 11 VEHICLES G.O.A. \Call 585630 File Date 09/04/2005 Opr winter JCN Unit. Status Juris BURL Location a ea 3 Dist 22 2n PD Bt C WATCH COMMANDER M"Icy"Icy Type 23103 Ip? y Pty 1 How? 1 S? CLEARD Remarks (RECKLESS DRIVING) IP 00:10:03 Ol VERS DOING DONUTS IN PARSING LOT NEAR OO:10:D4 PATROL 02 MW 00:13:13 L12 LUNCH 03 TO ADVISE 00:16:53 L26 CLEARD 04 OUT WITH A LARGE GROUP/L34/1,12 ENRO'JTE 00:17:45 I L34 CLEARD 05+ LTC Phone Last First I L36 CLEARD Address Cross Streets Rec POD 3 BOLO N HA2 N EL Y PH 923 JAFTER 0000, L12 01 O VLic St Year Make Model Color_ Additional 02 02+ UNIT NAME RCVD DISP ABVD CLRD CLS BackuP Units L26 CISSNA, ROBERT 0009 0013 0015 0025 77 L34/L12 ISu: 0 P2: 0 JP3: 0 Pl: 0 CMD: Remarks Detail for Call 585630 page 1 of 1 ## Remarks......... ........................... Date. Time. Operator POD 09/04 00:10 winter 3 1 VEHS DOING DONUTS IN PARKING LOT NEAR GOLF 09/04 00:10 winter 3 2 CENTER 09/04 00:13 bjworden 2 3 TO ADVISE 09/04 00:16 bjworden 2 4 OUT WITH A LARGE GROUP/L34/L12 ENROUTE 09/04 00:17 winter 3 5 LIC/ 09/04 00:17 winter 3 6 LIC/ 09/04 00:17 winter 3 7 LIC 09/04 00:18 winter 3 8 LIC/ 09/04 00:18 winter 3 9 LIC 09/04 00:18 winter 3 10 LIC 09/04 00:18 winter 3 it LIC 09/04 00:21 bjworden 2 12 LIC09/04 09/04 00:25 bjworden 2 13 SUBJEC FT THE CITY TY o� STAFF REPORT BURLINGAME AGENDA 8a ITEM# MTG. COQ�AATED JUNE6 9p0 DATE January 3,2006 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITT BY DATE: January 3, 2006 APPR D FROM: Jesus Nava, Finance Director/Treasurer BY 650-558-7222 SUBJECT: Transmittal of the FY 2004-05 Comprehensive Annual Financial Report (CAFR) RECOMMENDATION: That the City Council accept the annual financial report for fiscal year 2004-05. BACKGROUND: The City Council Audit Committee, consisting of Mayor Cathy Baylock and Councilmember Rosalie O'Mahony, met with city staff to review the results of the annual independent audit performed by the firm of Caporicci and Larson, C.P.A.s. The Audit Committee met on Wednesday, December 14, 2005, at 4:00 p.m. The City received a"clean" audit report, and a management letter containing recommendations for implementation in the upcoming year. The recommendations in the management letter will be addressed over the next six months. A special thanks to Mary Asturias, Financial Services Manager, and Tammy Mak, Accounting Technician for their hard work and diligent efforts in completing this work. ATTACHMENTS: PowerPoint Presentation: Comprehensive Annual Financial Report, Fiscal Year 2004-05 FY 2004-05 Comprehensive Annual Financial Report BURLINGAME CITY OF BURLINGAME, CA Comprehensive Annual Financial Report Fiscal Year 2004-05 Period Ended June 30, 2005 Burlingame Finance Department 1 BURLINGAME'. CAF KLCJ�T+ 1F�() Audit Process 1H • Auditor performs internal control reviews • Fiscal year ends and staff prepares year-end adjustments • Verification letters are sent to third parties asking for information pertinent to CAFR • Financial statements and Notes to the Financial Statements are prepared by staff Burlingame Finance Department 2 1 6kqW=W CAFR & Audit Process • Auditor reviews financial statements and notes and renders opinion on presentations • Auditors prepare Letter to Management • CAFR, Audit and Letter to Management are presented to the City Council Audit & Finance Committee • Council Audit & Finance Committee make recommendation to the full Council Burlingame Finance Department 3 BURLINGAM Comprehensive Annual Financial Report Contents • Table of Contents • Transmittal Letter • Auditor's Opinion • Management's Discussion & Analysis • Financial Schedules • Notes to the Basic Financial Statement • Required Supplementary Information Burlingame Finance Department 4 2 4BAR"����E Transmittal Letter • Information on legal requirements • Profile of city government • Information on budget process & policies • Information on economic conditions • Information on financial policies • Certificates of Achievements Burlingame Finance Department BR Management's Discussion & Analysis • Provides required supplementary information to the user of the CAFR • Provides a narrative analysis of the City's financial statements and related changes • Comparison of.General Fund budget to actual (revenue and expenditures) • Describes changes in capital assets & long- term debt Burlingame Finance Department 6 3 BURu"SAME Financial Statements • Government-wide Financial Statement — Statement of Net Assets — Statement of Activities and Changes in Net Assets • Fund Financial Statements — Governmental Funds — Proprietary Funds Burlingame Finance Department 7 <3URLFNGAME Governmental TOS Tel nmental F lands V • Activities that are supported by taxes instead of user charges • Objective is on having enough resources to cover expenditures in a given time period (12 months of the fiscal year) • Taxes charged have no relation to costs of providing service Burlingame Finance Department 8 4 CL I I"GANMIT Governmental Fund Types • General Fund — Chief operating fund of the city — Used to account for all financial resources except those that are required to be accounted for in a another fund • Capital Projects Fund - Used to account for construction & acquisition • Nonmaior Governmental Funds — Special revenue funds & Debt Service Fund Burlingame Finance Department 9 BUR IN Governmental ernmental 1 ctl V ities Governmental Activities Expenses&Program Revenue-FY05 Expenses■Program Revenues a $20 — $18 o $16 $12 X Ma $10 @ $6 klk @� $4 $2 @ eF�` ���.0 �'d� `�9 ��e�� �o�\00 dem OVI aON BOOP gee to 90, l Burlingame Finance Department 10 5 BURLS Governmental Funds Revenues By Source — FY05 Property Tax Sales Tax 26% 23% Capital Grants& TOT Contributions 22% 2% Charges for Franchise Tax Operating Grants 9 Investment 2% &Contributions Service Business 5% 16% Income License Tax 2% 2% Burlingame Finance Department 11 BURLINGAME Governmental Funds Changes In Net Assets-Governmental $160 _.. _........_ — __...._._....._..._._.._. C $140 - ---- $120 $100 — $80 - - --- $60 - - - - $40 -- - - --- � r � $20 -- - 2003 2004 2005 L--4—Assets—k—Liabilities f-Total Net Assets: Burlingame Finance Department 12 6 BURLINGAME General Fund General Fund-FY05 —e—Total Ree,nue Total Expenditures y $36 _ _ _ - c ° $34 $32 - — $30 - $28 FY02 FY03 FY04 FY05 Burlingame Finance Department 13 t3URLINGAME General Fund Balance General Fund Balance (as of June 30,2005) w $14 -,- .2 $12 -- $13.2 $10 - $8 -- $6 -- $8.7 $8.6 $9.0 $4 ` - $2 - - $0 `FY02 FY03 FY04 FY05 Burlingame Finance Department 14 7 3 BURLI GAME General Fund Reserve As Percentage of Expenditures rn $40 �� 50% o $35 0 .m $25 • 30% $20 qqgg $15 20% �n $10 $5 10% $0 0% FY02 FY03 FY04 FY05 Fi Ecpenditures Fund Balance o % of Expenses Burlingame Finance Department 15 rd1� General Fund Reserve As Rainy Day Funds • Buffer against economic downturns Provide funds for unexpected o ° expenses ° o ° 0 0 ° ° • Savings for anticipated increases ° • Savings for special purposes ' Burlingame Finance Department 16 g BURLINGAME Council Reserve Designations City of Burlingame,CA General Fund Designated Reserves FY04 FY05 Economic Stability Reserve $ 2,000,000 $ 2,000,000 Catastrophic Reserve 2,000,000 2,000,000 Ca1PERS Reserve 2,800,000 2,800,000 Contingency Reserve 500,000 500,000 TOT 2%Reserve 138,458 648,183 Centennial Reserve 30,000 40,000 Total Designated Reserves: $ 7,468,458 $ 7,988,183 Burlingame Finance Department 17 4BURLING�ME Capital Projects Fund • Used to account for projects that are under construction • Receives revenue from Special Funds • Receives transfers from other funds to provide financing for capital improvements • Transfers out value of completed projects to the Proprietary Funds Burlingame Finance Department 18 9 BURLINGAME Capital Projects Fund Capital Projects Fund —4—Revenues Expenditures(Ending Balance w $20 c 0 $10 $5 — $0 FY02 FY03 FY04 FY05 Burlingame Finance Department 19 BURLINGAME proprietary Funds • Called "Business-Type" activities because they operate similar to private business • Correlation between the cost of providing the service and user charge for the service • Attempts full cost recovery including future costs (such as capital costs) • Capital assets add to value of funds Burlingame Finance Department 20 10 4BURLINGAME Proprietary Funds • Water Fund — Accounts for the activities of the water system • Sewer Fund — Accounts for the activities of the sewer system • Parking — Accounts for the activities of parking districts • Internal Service Funds — Accounts for costs between city departments Burlingame Finance Department 21 kWBURLINGAME proprietary Funds k=WChanges In Net Assets-Business Type N $100 -- -- - $80 - --'-" -----♦ $so $40 �- $20 - $- 2003 2004 2005 —+—Assets —A Liabilities —0—Total Net Assets: Burlingame Finance Department 22 11 BURL, Business-Type Activities Revenue By Source Charges for Services 96% Ih Investment Franchise Tax Income 2% 2% Burlingame Finance Department 23 BURL Business-Type Activities Expenses & Program Revenue ®Expenses ■Program Revenues y $9 C o $g $7 $6 — . — $5 — $4 $3 _ - $2 $1w.' $o Water Sewer Waste Parking Management Burlingame Finance Department 24 12 BUR��1,09?%NME Water Fund Water Fund-FY05 Total Revenue—+—Total Expenses —.*—Ending Net Assets $10 Ln isC $8 $6 $4 $2 FY02 FY03 FY04 FY05 Burlingame Finance Department 25 S 4;1kWz.Pewer Fund Y Sewer Fund-FY05 —e—Total Re\enue--.—Total Expenses Ending Net Assets $25 ------- =0 $20 $15 $10 $5 ------ $- FY02 FY03 FY04 FY05 Burlingame Finance Department 26 13 C0;ffib2jWz parking Fund Parking Fund-FY05 —*.—Total Re%enue—s--Total Expenses —i—Ending Net Assets w $8.0 ---- c 0 $6.0 — $4.0 -- $2.0 _$- L FY04 FY05 Burlingame Finance Department 27 BURLINGAME Next Steps • Review document • Submit questions or suggestions to Finance staff or Independent Auditors • Recommend acceptance of the report to the full City Council — January 3, 2006 Burlingame Finance Department 28 14 City of Burlingame Burlingame, California Recommendations to Management For the year ended June 30,2005 December 6, 2005 To the Honorable Mayor and Members of City Council of the City of Burlingame Burlingame, California In planning and performing our audit of the basic financial statements of the City of Burlingame (City) for the year ended June 30, 2005, we considered the City's internal controls to plan our auditing procedures for the purpose of expressing our opinion on the basic financial statements and not to provide assurance on the internal controls. However, during our audit, we noted certain matters involving the internal controls and other operational matters that are presented for your consideration. This letter does not affect our report dated October 6, 2005, on the financial statements of the City. We will review the status of these comments during our next audit engagement. Our comments and recommendations, all of which have been discussed with management, are intended to improve the internal controls or result in other operating efficiencies. We will be pleased to discuss these comments in further detail at your convenience, to perform any additional study of these matters, or to assist you in implementing the recommendations. We would like to express our appreciation to the City's staff for their cooperation, assistance, and support during this year's audit process. This report is intended solely for the information and use of the City Council, management and others within the City. c�;u ; � Caporicci & Larson, CPAs Oakland, California City of Burlingame Recommendations to Management Table of Contents Page Current Year Recommendations to Management: InformationTechnology .................................................................................................................1 Actuarial Study on Claims Payable ..............................................................................................1 NewPronouncement ......................................................................................................................2 Status of Prior Year's Management Recommendations...............................................................3 City of Burlingame Recommendations to Management For the year ended June 30, 2005 1. INFORMATION TECHNOLOGY Observation Inquiries were made with the City's Information Technology personnel and City Management, and it was noted that the City does not have a written disaster recovery plan. Recommendation We recommend that the City develop a written disaster recovery plan to facilitate smooth and quick restoration of the City's data base system with minimal down time. Having a document in writing assures that the City can restore the system without being dependent on specific personnel. Management's Response The City will develop a written disaster recovery plan as part of its standard operating procedures for Finance and IT. 2. ACTUARIAL STUDY ON CLAIMS PAYABLE Observation It has been over three years since the City has had an actuarial study performed for their general liability claims. (The Workers Compensation actuarial study was done in April 2004) Recommendation It is recommended that the City have an actuarial study performed to assure that their claims liability is computed using current data including incurred but not reported liabilities. Management's Response The Finance Department will work with the City Attorney, who manages the General Liability program, to contract for an actuarial study to be completed before the end of fiscal year 2006. 1 City of Burlingame Recommendations to Management, Continued For the year ended June 30, 2005 3. NEW PRONOUNCEMENTS Observation The Governmental Accounting Standards Board (GASB) had. issued GASB Statement No. 43, Financial Reporting for Postemployment Benefit Plans Other than Pension Plans and GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits other than Pensions which the City has to implement in fiscal years ending June 30, 2008 and 2009 respectively. These statements will require the disclosure of the liability related to Other Post Employment Benefits (OPEB). GASB's financial reporting and accounting requirements allows the unfunded liabilities to not be recorded, but to be amortized up to thirty years for OPEB plans. Although these unfunded liabilities are not recorded and not presented on the face of the financial statements, these amounts are disclosed in the Notes to the Financial Statements and in Required Supplementary Information as required by GASB. In addition, these disclosures also present a description about the Plans, actuarial assumptions used in the Plans, contributions actuarially required and made, and a three year funding progress (or lack of progress) in the Plans. Recommendation We recommend that the City prepare for the implementation of these statements by obtaining an actuarial study to determine the City's liability. In addition, the City should decide, by Council action, whether the liability will be funded or if the City will continue to utilize the pay-as-you-go method for these expenditures. Management's Response The City of Burlingame had an actuarial study done by Bartel Associates, LLC in April 2005, in preparation for bargaining unit negotiations. Although no decision has been made to fund the liability, the City is aware of the liability related to the Other Post Employment Benefits. 2 City of Burlingame Recommendations to Management, Continued For the year ended June 30, 2005 Status of Prior Year's Management Recommendations Current Status o Accounting Policies and Procedures. In Process o Accounts Receivable Monitoring In Process 3 ZCITY- AGENDA 8b ITEM# STAFF REPORT MTG. DATE 1/3/2006 TO: Honorable Mayor and Council SUBMITTED BY DATE: December 27, 2005 APPROVE BY FROM: Larry E. Anderson, City Attorney SUBJECT: INTRODUCE ORDINANCE TO AMEND CHAPTER 6.24 (PEDDLERS AND SOLICITORS) AND REPEAL CHAPTER 6.26 (CHARITABLE SOLICITATION) RECOMMENDATION: Introduce ordinance altering City requirements for peddlers and solicitors by: 1. Requesting the City Clerk to read the title of the proposed ordinance. 2. Waiving further reading of the proposed ordinance. 3. Introducing the proposed ordinance and directing the City Clerk to publish a summary of the proposed ordinance at least 5 days before its proposed adoption. DISCUSSION: Over the past 10 years, the Federal courts have made it clear that door-to-door solicitation for charitable or political purposes is a highly protected activity. More recently, additional protection has been extended by the courts to solicitations for sales of goods or services, but at a lesser level than for charitable or political activity. The proposed ordinance would bring the Municipal Code in line with those 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 —httl2:Hcaaa.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.chariiywatch.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 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. 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 December 27, 2005 Page 2 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 provisionsofthis 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 of Burlingame, the business of peddler or 16 solicitor, ,unless a permit for such business and the individual engaged 17 in peddling or soliciting has first been obtained from the police department of the city and 18 remains in effect in accordance 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) Social Security Taxpayers identification number and driver's license number, if 3 any; 4 (d) Fingerprints (taken by the police department for criminal history investigation 5 purposes) and three(3)portrait photographs at least two (2) inches by two (2) inches, taken 6 within the last sixty(60) days immediately prior to the date of the filing of the application, 7 which photograph shall show the head and shoulders of the applicant in a clear and distinct 8 manner; 9 (e) Applicant's height, weight, color of eyes and hair; 10 (f) Business occupation or employment of the applicant for the five (5) years 11 immediately preceding the date of application; 12 (g) The business license, if any, and permit history of the applicant; whether such 13 person, in previously operating in this or any other city or state, under license has had such 14 license or permit revoked or suspended, the reason therefor, and the business activity or 15 occupation subsequent to such action of suspensions or revocation; 16 (h)- e) Whether such person has ever been convicted of any crime, except 17 misdemeanor traffic violations. if there has been any such conviction any person mentioned 18 -__ subsection has L___ _e -ted, a statement must be made giving the place and 19 court in which such conviction was had, the specific charge under which the conviction was 20 obtained and the sentence imposed as a result of such conviction; 21 ff (f) A brief description of the nature of the business and the goods or services to 22 be sold; 23 (g)The name of the business under which the solicitation in the city will be 24 conducted; 25 , together with credentials 26 establishing the exact relationship; 27 , 28 , together with license n-amber o - 3 - I , 2 (m) Such other identification and information necessary to discovcr the tru 3 inatters hereinabove specified as required to be set forth in the application-, 4 —err)(h) The application will also include a separately signed waiver and release 5 authorizing the city, its agents and employees to seek information and to conduct an 6 investigation into the truth of the statements made on the application. 7 8 6.24.030 Permit fee and investigation. 9 All applications for permits shall be accompanied by an investigation and permit fee 10 in the sum of fifty($50)dollars, no part of which is refundable. Additional fees may be 11 . 12 Upon receipt of said the application, the license collector shall refer the application to the 13 police department,which within a period of thirty ten (10)business days from the date of 14 filing the application shall interview the applicant or any other person and make any other 15 investigation necessary to approve or deny the permit, providing that said thirty days may 1 16 extended for such period as may be necessary to obtain fingerprint records from the 17 appropriate state agenc . If the police department is unable to complete its review within ten 18 (10) business days from the date of filing the application,the application will be deemed 19 approved and the department shall issue;the permit;however, should the department 20 determine after issuance that the application should have been denied, the permit will be 21 suspended pursuant to section 6.24.090 below. 22 23 6.24.040 Business license. 24 At the time of the application for a permit,applicant shall also apply for and furnish 25 the information necessary to obtain a business license as required by Chapter 6.04 of this 26 code unless the applicant will be an employee of another person who has obtained or is 27 obtaining a city business license. No business license shall be issued until the investigation 28 is completed and the permit is approved. The business license shall be issued upon payment - 4 - I of the business license fee as provided in Chapter 6.04 of this code. 2 3 6.24.050 Issuance or denial of permit. 4 The police department shall issue such permit if all required information has been 5 furnished and the report filed finds that: 6 (a) , 7 The applicant has not been convicted of any law reining to involving fraud or 8 moral turpitude; and 9 (0 (b) The applicant has not knowingly and with intent to deceive made any false, 10 misleading or fraudulent oral or written statements in his the permit application or to any 11 person investigating his the application. 12 The permit shall be denied if all of the above findings cannot be made or if all of the 13 information required is not supplied to the city. If denied, the reasons therefor shall be 14 endorsed upon the application, and the police department shall notify the applicant upon 15 which the reasons have been endorsed by first class mail. 16 17 6.24.060 Appeal. 18 In the event a permit has been denied, applicant shall have ten(10)days from the 19 date of mailing the notice within which to appeal to the city council by filing a written 20 application for a public hearing with the clerk of the city. Notice and a public hearing shall 21 be given as follows: 22 (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before 23 the council, at a regular meeting thereof,within thirty(30) days from the date of filing the 24 appeal and shall give written notice of such hearing to the applicant at his address set forth in 25 the appeal by first class mail at ten days prior thereto; 26 (b) On the date set, the council shall hear the matter, and may continue it from time 27 to time before reaching a decision. If the council finds that the applicant has satisfactorily 28 met all of the requirements of this chapter, it shall order the issuance of the permit and - 5 - I business license. If it finds that the requirements have not been met satisfactorily, it shall 2 deny the permit and license; 3 (c) All findings of the council shall be final and conclusive upon the applicant. 4 5 6.24.070 License and permit not transferable. 6 No license or permit issued under the provisions of this chapter shall be used or worn 7 at any time by any person other than the one to whom it was issued. 8 9 6.24.080 Display of permit. 10 Each person issued a permit under this chapter shall be kept inert in his the 11 personal possession of the permitholder, and it shall be displayed to any person upon 12 request. 13 14 6.24.085 No soliciting at residence when posted. 15 No person shall peddle any services or goodsor solicit any payments for any services 16 or goods at any dwelling unit where a sign is prominently posted or displayed indicating"No 17 Solicitors"or`,`No Soliciting"or a similar indication.that no solicitation is desired by the 18 occupant of the dwelling unit. 19 20 6.24.090 Revocation or suspension of permits. 21 Any permit issued under this chapter shall be subject to suspension or revocation by 22 the city manager for violation of, or for causing or permitting violation of any provision of 23 this chapter or for any grounds that would warrant the denial of such permits in the first 24 instance. 25 Prior to the suspension or revocation of any permit issued under this chapter, the 26 permittee shall be entitled to a hearing before the city manager or his the manager's 27 designated representative, at which time evidence will be received for the purpose of 28 determining whether or not such permit shall be suspended or revoked or whether the permit - 6 - 1 may be retained. In the event the permit is suspended or revoked, the notification of the 2 reasons for such suspension or revocation shall be set forth in writing and sent to the 3 permittee by means of first class mail. 4 In the event of suspension or revocation of any permit, the permittee may appeal to 5 the city council in the manner as provided in section 6.24.060. 6 7 Section 3. A new subsection 6.08.140(c) is added to read as follows: 8 (c) The license fee required by this section is imposed on and payable by the business 9 and not on or by each individual employee of the business that is engaged in peddling or 10 soliciting. 11 12 Section 4. Chapter 6.26 is repealed. 13 14 Section 5. This ordinance shall be published as required by law. 15 16 17 Mayor 18 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify 19 that the foregoing ordinance was introduced at a meeting of the City Council of the City of 20 Burlingame on the day of , 2006, and the ordinance was duly adopted 21 at a regular meeting of the City Council on the day of , 2006, by 22 the following vote: 23 24 AYES: COUNCILMEMBERS: 25 NOES: COUNCILMEMBERS: 26 ABSENT: COUNCILMEMBERS: 27 28 City Clerk - 7 - CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# 9a 'ho4 9oro MTG. AgATEG JYNPO DATE 1/03/2006 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 19, 2005 APPROVED FROM: Doris Mortensen 558-7203 BY SUBJECT: Authorization to Solicit Donations RECOMMENDATION: That the Council authorize the solicitation of donations from the public to fund items to assist the staff in better serving the community. BACKGROUND: Vice Mayor Nagel has updated the "Community Wish List"to publicize the different needs of Burlingame-based organizations and has invited City staff to add a list of items that aren't funded in the City's normal budget but could help us better serve our community. Since the City Council is the appropriate authority to accept donations to the City, we are presenting the attached City of Burlingame Wish List for your review and approval prior to soliciting for the donations. City of Burlingame's Wish List You can make a difference in Burlingame by donating a special service or item that isn't funded in the city's normal budget.If you wish,you can make a contribution in someone else's honor or to commemorate a family or neighborhood celebration.Community groups are also invited to consider donating these improvements. PARKS AND RECREATION DEPARTMENT Contact Parks and Recreation Director Randy Schwartz at rschwartz(a)-burlingame.orp or (650)558-7307 to learn more about donating the following items: Digital video camera—A digital video camera would allow the Parks and Recreation Department to create videos to show the community some of the department's activities and to help create programs for classes and special events.Estimated cost:$1,200. New television with DVD player and stand—Movies are popular at the Recreation Center with seniors on Fridays and with children during vacation camps.A new TV,DVD player and stand would upgrade the quality of these presentations.Estimated cost: $700. Area for small dogs in Dog Exercise Park—Burlingame's Bayside Park features the city's Dog Exercise Park,a large open area when dogs are permitted to run off-leash and play with canine friends.One long-sought improvement to this part is the creation of a small area where dogs weighing less than 20 pounds(and their owners)can feel more comfortable,while still enjoying their freedom.The cost of the fencing and gate is approximately$4,000. Park benches and picnic tables—Burlingame has many beautiful facilities and settings,including the main library,City Hall and numerous public parks.Park benches and picnic tables give visitors to these settings a chance to relax and enjoy a conversation or observe nature.City benches and picnic tables are made from a very durable recycled plastic.They measure 6 to 8 feet long,and the tables are all wheelchair accessible.Benches cost$1,000 and tables cost$1,400. BURLINGAME PUBLIC LIBRARY Contact City Librarian Al Escoffier at escoffiera aQD1sinfo.orq or(650)558-7474 to learn more about donating the following items: Children's poetry workshops—To enjoy the joy of reading and writing poetry,a talented California poet leads one workshop for grades 3-5 and another for grade 6-8 at the library.Children write their own verses,read with a microphone and even create a group poem.$300 per workshop. Family Fun Nights—Six summer evening enrichment programs for the whole family feature high-quality performers,including"Magic Dan,"puppeteers,folk singers and theater groups that bring art,imagination and wonder to enthusiastic audiences.$350 per program. Week of the Young Child —This springtime program is designed for the library's youngest patrons and their parents to enjoy together. Dressed as Mother Goose, Mary Lee Sunseri sings wonderful songs while playing the guitar, lap harp and tambourine. $350. Multicultural program — Recent programs have included Persian folk tales and Irish songs and country dancing. $250 each. Children's Book Week — Storyteller Randel McGee comes dressed as Hans Christian Andersen to spin lively tales with humorous asides and designs cut out of paper. $350. Spanish language children's books and story hours —The number of Latino children library users has increased dramatically in recent years. The children's Spanish book collect is not adequate to keep up with the demand. In addition, the library has regular requests for a Spanish language story hour. The cost of building the collection is $2,000. The cost for contracting for a Spanish speaking storyteller for 12 library children's programs would be: $ 3,600. Expand story hours to include Saturdays — Families keep asking for an additional story hour on Saturday mornings. Funding of$3,600 would pay an hourly staff member to do the programs, since the library is short on staff, and would include outreach to the community. Picture book replacement—With a circulation of 12,000 per month, the picture book collection is wearing out quickly. A contribution of$8,000 would refresh the picture book collections. Children's puppet theater—A mini-puppet theater for the children's room and a new collection of puppets for the children to play with costs $200. New stuffed lion for Easton Branch —To replace this favorite mascot would cost $100. Adult programs —The library stopped having adult authors present programs and book signings two years ago. To bring two major authors to the library per year would cost $3,500 for two programs. One County/One Book—The Peninsula Library System and the San Mateo County Library have decided to jointly sponsor a "One County/One Book" project during the fall of 2006. It would feature a living author who has written a book of interest to a wide variety of readers and would include development of reading groups and other events around the book. This type of project has been very popular in Seattle and Sacramento. The culmination would be to invite the author for a program, possibly at the Performing Arts Center in San Mateo. Funding of$3,000 is needed to publicize the program to local residents and to provide multiple copies of the book. i r ` 12-16-OS SUMMARY OF PART ONE OFFENSES PAGE: 1 FOR: NOVEMBER, 2005 Current Prev Last Actual Actual YTD YTD Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . YTD. . Change Change Murder and Nonnegligent Manslaughter 0 0 0 0 0 Manslaughter by Negligence 0 0 0 0 0 Rape By Force 1 0 3 4 -1 -25 . 00 Attempt to Commit Forcible Rape 0 0 0 1 -1 -100 . 00 Robbery Firearm 0 1 8 8 0 0 . 00 Robbery Knife 0 0 1 0 1 - Robbery Other Dangerous Weapon 0 1 3 8 —5 -62 .50 Robbery Strong-Arm 5 0 15 2 13 650. 00 Assault - Firearm 0 0 2 0 2 - Assault - Knife 1 0 9 6 3 50. 00 Assault - Other Dangerous Weapon 1 0 18 18 0 0 .00 Assault - Hands, Fists, Feet 1 2 5 13 -8 -61.54 Assault - Other (Simple) 14 7 172 184 -12 -6.52 Burglary - Forcible Entry 5 8 74 78 -4 -5. 13 Burglary - Unlawful Entry 6 2 58 80 -22 -27 .50 Burglary - Attempted Forcible Entry 0 0 2 0 2 Larceny Pocket-Picking 0 0 0 0 0 Larceny Purse-Snatching 0 1 0 1 -1 -100. 00 Larceny Shoplifting 5 1 42 27 15 55 .56 Larceny From Motor Vehicle 13 11 218 248 -30 -12 .10 Larceny Motor Veh Parts Accessories 11 3 139 49 90 183 . 67 Larceny Bicycles 2 4 30 30 0 0. 00 Larceny From Building 7 1 106 15 91 606.67 Larceny From Any Coin-Op Machine 2 0 20 11 9 81 . 82 Larceny All Other 4 19 97 259 -162 -62 .55 Motor Vehicle Theft Auto 9 6 78 104 -26 -25 .00 Motor Vehicle Theft Bus 2 2 10 3 7 233 .33 Motor Vehicle Theft Other 0 2 2 6 -6 -75 . 00 89 71 1, 112 1, 157 89 71 1, 112 1, 157 12-16-05 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1 CITY REPORT FOR: NOVEMBER, 2005 Current Prev Last Actual Actual YTD YTD Crime Classification.... ... ............. Current Year.. YTD.. YTD.. Change W Change All Other Offenses 39 37 456 403 53 13.15 Animal Abuse 0 0 0 1 -1 -100.00 Animal Nuisance 0 0 4 0 4 Arson 0 2 12 6 6 100.00 Assists to Outside Agencies 0 0 0 0 0 Bicycle Violations 0 0 0 0 0 Bigamy 0 0 0 0 0 Bomb Offense 0 0 0 0 0 Bomb Threat 0 0 2 0 2 Bribery 0 0 0 0 0 Check Offenses 3 0 7 3 4 133.33 Child Neglect/prot custody 5 0 33 16 17 106.25 Computer Crime 0 1 0 1 -1 -100.00 i Conspiracy 0 1 0 1 -1 -100.00 Credit Card Offenses 0 0 0 0 0 - Cruelty to Dependent Adult 0 0 2 3 -1 -33.33 Curfew and Loitering Laws 0 0 2 2 0 0.00 Death Investigation 0 4 37 29 8 27.59 Disorderly Conduct 3 2 30 22 8 36.36 Driver's License Violations 1 0 8 4 4 100.00 Driving Under the Influence 8 3 68 68 0 0.00 Drug Abuse Violations 5 2 33 40 -7 -17.50 Drug/Sex Registrants/Violations 0 0 0 1 -1 -100.00 Drunkeness 5 2 52 51 1 1.96 Embezzlement 0 0 7 15 -8 -53.33 Escape 0 0 0 0 0 Extortion 0 0 0 0 0 False Police Reports 0 0 0 0 0 False Reports of Emergency 0 0 0 0 0 Fish and Game Violations 0 ,0 0 0 0 _ Forgery and Counterfeiting 1 2 39 38 1 2.63 Found Property 8 7 101 95 6 6.32 Fraud 1 2 23 31 -8 -25.81 Gambling 0 0 0 0 0 Harrassing Phone Calls 2 5 31 44 -13 -29.55 12-16-05 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 2 CITY REPORT FOR: NOVEMBER, 2005 Current Prev Last Actual Actual YTD YTD Crime Classification.................... Current Year.. YTD.. YTD.. Change Change Hit and Run Accidents 4 5 35 51 -16 -31.37 Impersonation 2 0 6 3 3 100.00 Incest 0 0 0 0 0 Indecent Exposure 0 0 13 3 10 333.33 Intimidating a Witness 0 0 0 1 -1 -100.00 Kidnapping 0 0 0 0 0 Lewd Conduct 0 0 0 2 -2 -100.00 Liquor Laws 2 1 9 8 1 12.50 Littering/Dumping 0 0 0 0 0 Marijuana Violations 2 0 23 23 0 0.00 Mental Health Cases 7 9 73 101 -28 -27.72 Missing Person 3 4 45 52 -7 -13.46 Missing Property 8 10 91 95 -4 -4.21 Municipal Code Violations 11 4 69 71 -2 -2.82 Narcotics Sales/Manufacture 0 0 0 1 -1 -100.00 Offenses Against Children 0 0 3 2 1 50.00 Other Assaults 14 7 172 184 -12 -6.52 Other Juvenile Offenses 0 0 3 2 1 50.00 Other Police Service 4 2 66 65 1 1.54 Pandering for immoral purposes 0 0 0 0 0 Parole Violations 0 0 1 2 -1 -50.00 Perjury 0 0 0 0 0 Possession of Burglary Tools '0 0 1 0 1 Possession of drug paraphernalia 0 0 0 0 0 Possession of obscene literature;picture 0 0 0 0 0 Probation Violations 0 0 3 3 0 0.00 Prostitution and Commercial Vice 1 0 2 2 0 0.00 Prowling 1 0 3 0 3 Resisting Arrest 0 0 4 4 0 0.00 Restraining Orders 0 1 13 52 -39 -75.00 Runaways (Under 18) 0 0 0 0 0 Sex Offenses 0 2 2 3 -1 -33.33 Sex Offenses against Children 0 0 1 1 0 0.00 Sodomy 0 0 0 0 0 Stalking 0 0 0 1 -1 -100.00 12-16-05 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 3 CITY REPORT FOR: NOVEMBER, 2005 Current Prev Last Actual Actual YTD YTD Crime Classification. ... ... .. . ........ .. Current Year.. YTD.. YTD.. Change % Change Statutory Rape 0 0 2 0 2 Stolen Property;Buying;Receiving;Possess 0 1 4 5 -1 -20.00 Suspended License 1 3 23 40 -17 -42.50 Tax Evasion 0 0 0 0 0 Terrorist Threats 0 0 8 24 -16 -66.67 Towed Vehicle 24 38 346 427 -81 -18.97 Trespassing 2 2 9 14 -5 -35.71 Truants/Incorrigible Juvs 0 1 1 5 -4 -80.00 US Mail Crimes 0 0 0 0 0 Vagrancy 0 0 0 0 0 Vandalism 37 14 231 177 54 30.51 Vehicle Code Violations 3 8 30 35 -5 -14.29 Violation of Court Order 1 2 15 22 -7 -31.82 Warrants - Felony 2 1 15 14 1 7.14 Warrants - Misd 8 1 79 53 26 49.06 Weapons;Carrying,Possessing 1 1 10 16 -6 -37.50 Welfare Fraud 0 0 0 0 0 ------- ------ ------- ------- 219 187 2,358 2,438 ====219 18'1 2,358 2,438 12-16-05 MONTHLY SUMMARY OF CITATIONS PAGE : 1 CITY REPORT FOR: NOVEMBER, 2005 Current Prev Last Actual Actual Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . YTD. . Parking Citations 1836 0 29, 769 42 , 550 Moving Citations 88 0 1, 280 2 , 717 ------- ------ ------- ------- 1924 0 31, 049 45, 267 1924 0 31, 049 45, 267 BURLINGAME Officer Productivity. . . . generated on 12/16/2005 at 10 : 57 : 33 AM Reported On: All Officers Report Range : 11/01/2005 to 11/30/2005 Data Type Reported on: PARKING Valid % All Voids $ All Officer: ID: Cnt Valid Cnt Voids Valid ------------------------------------------------------------------------------------------------------------------------ ALVISO 355 469 26.16 9 40.91 98.12 DAZA-QUIROZ 634 185 10.32 5 22.73 97.37 FEITELBERG 508 851 47.46 6 27.27 99.30 KIRKPATRICK 502 260 14.50 2 9.09 99.24 ROSCOE 503 28 1.56 0 0.00 100.00 Total 1793 22 Page 1 of 1 Co 1 1 1 CCS S to Comcast Cable l 12647 Alcosta Boulevard Suite 200 San Ramon,CA 94583 December 14, 2005 Office:925.973.7000 Fax:925.973.7015 wm.comcast.com Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: It has always been our goal at Comcast to ensure that your office remains informed of the progrannniing services that are offered to our customers residing in your community. In an effort to keep you enlighten on Comcast's adjustments to the existing channel line- up, we are sending you this letter. Effective December 31 , 2005, we will remove the TRIO channel from the Digital Premier level of services at channel 137. This programming adjustment will not result in a price adjustment at this time. If you should have any questions or concerns regarding the matter please feel free to contact your local Government Affairs Director Kathi Noe (650) 289-6794. Sincerely, Mitzi Givens-Russell Franchise Compliance Manager Bay Market Co. �J V�li:::l J t