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HomeMy WebLinkAboutAgenda Packet - CC - 2008.02.04 CITY G BURLINC3AME � om 9 �AMTfD JUN[4 BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday February 4,2008 STUDY SESSION - 6:00 p.m. Conference Room A a. Council Policies & Procedures 1. CALL TO ORDER—7:00 p.m.—Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES—Regular Council Meeting of January 22, 2008 and Goal Setting Session of January 26, 2008 5. PRESENTATION a. Presentation of Resolution acknowledging contributions of Congressman Tom Lantos b. Green Guide for San Mateo County presented by PG&E 6. PUBLIC HEARINGS a. Adoption of Ordinance repealing the existing overnight permit parking 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. Approval of a three year agreement with Municipal Auditing Services (MAS) to conduct a Business License Tax Audit and Enforcement Program; Approval of a 90 day Business License Tax Amnesty Period commencing March 1, 2008; and Adoption of a Resolution designating Municipal Auditing Services as an authorized City representative to examine sales and use records 1 b. Introduction of an Ordinance amending the Municipal Code to exempt exhibitors solely selling foodstuffs, live plants, art work or handicrafts at an event or market in the City operated by any Religious, Fraternal, Educational, Military, State, County or Municipal Organization or Association 9. APPROVAL OF CONSENT CALENDAR a. Resolution setting a Public Hearing on March 17, 2008 to consider increasing the 2008 solid waste rates by five percent (5%) within the City of Burlingame b. Approve revised Council Calendar for 2008 c. Resolution extending the deposit of funds from Apple Computers at 1301 Burlingame Avenue for Streetscape Improvements 10. COUNCIL COMMITTEE REPORTS 11. 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. 12. OLD BUSINESS 13. NEW BUSINESS 14. ACKNOWLEDGMENTS a. Commission Minutes: Planning, January 14 & January 28, 2008; Parks & Recreation,January 17, 2008 b. Memorandum from Public Works Director regarding the Regional Water Quality Control Board (RWQCB)proposed Municipal Regional Permit(MRP) for storm water runoff 15. 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.burlin a�g. Agendas and minutes are available at this site. NEXT MEETING—TUESDAY, FEBRUARY 5,2008—PLANNING COMMSSIONER INTERVIEWS 2 ��Iry � STAFF REPORT BtiR1MGAME AGENDA ITEM# Study Session MTG. DATE: 02/04/08 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: December 31,2006 APPROVE_ FROM: Jim Nantell 558-7205 BY izta suBJEcr: Study Session to Discuss the Draft Council Policies and Procedures Note: this meeting is a continuation of the discussion continued at your 1/22 study session. The policy document attached reflect any changes the Council asked for during your two previous discussions. Finally the report below is the same as you received for the 1117and 122 study sessions. RECOMMENDATION: That the Council review the draft of Council Policies and Procedures that were developed by the Council Subcommittee of Mayor Rosalie O'Mahony and Council Member Cathy Baylock and provide direction as to any changes or additions. BACKGROUND: In June of 2006 the City Council participated in a League of California team building workshop. The curriculum of the workshop discussed the potential value of Council policies and procedures that could articulate the council's agreed upon way of doing business. As a result,the Council agreed that a subcommittee of the Council would work with the City Manager and with the advice of the City Attorney would develop a draft policy and procedure document. The City Manager secured copies of similar documents from other cities and the subcommittee pulled those policies and procedures from those documents that they felt should be included and then created others that they felt would be beneficial for the Burlingame City Council. In October staff distributed a draft of the policies and procedures for the City Council's review. It was also agreed at that time that we would schedule a study session after the holidays for the Council to discuss the draft document. There are two pieces of proposed language on which the Council Subcommittee had differences of opinion; otherwise the Council subcommittee agreed on the draft language. The two pieces of language are shown in red text on pages 10 & 11. The red text on other pages denotes suggested additions made by the City Manager and Attorney as a result of their review in preparation for the Council study session. Beyond Policies and Procedures During this study session the staff would like to take the opportunity to also have the Council re-confirm your agreement with Council decisions that are contained in other documents and those are shown as exhibits to this report. Their inclusion is not meant to necessarily suggest that they need to be changed but we felt this study session was a chance to re-confirm the Council's desires. a. The recently revised procedures for appointments to City boards and commissions. b. The authority for the mayor to vote on appointments made by the Council of Cities and the Cities Selection Committee. Staff believes that at the least,the 1984 Resolution should be updated to properly reflect the Council of Cities name. c. Reimbursement policies for Council attendance at events or meetings of other organizations. d. Ties votes on appeals. Staff would like feedback from the City Council about the possibility of requiring New Commissioners to attend a new commissioners training with in the first two years of appointment and prior to serving as a Chair a commissioner must attend Commissioner Chairperson training. We have experienced some situations where commissioners encounter situations that they would have been better prepared for had they attended the new commissioner training that we offer every year. Many new Commissioners are not attending and we think it would be helpful to make it clear that it is expected. Although we currently do not offer any training for commission chairs we have received a suggestion that it may be helpful to make sure Commissioners receive training before thrusting them into the role of Chair person. One final area that we would like to get direction from the Council on is a staff recommendation to modify the Council meeting at which the Mayor is rotated in election years. As the Council knows the last two election years we have held two ceremonial meeting because the election certification was not completed by the County in time to allow the rotation of Mayor and seating of new Council Members to occur at the same meeting. For that reason we would suggest that in election years the rotation of the Mayor should be scheduled for the same meeting as the certification of the election results. That would mean in election years the rotation of the Mayor would likely be delayed to the first or second meeting in December rather than the usual second meeting in November. Making this change will avoid the need to have two ceremonial meetings with in a month or six weeks which is hard to accommodate without making the public sit through a number of business agenda items. ATTACHMENTS: A. Resolution No. 117-1999 Council Policy on Rotation of Council Officers B. Procedures for Appointments to City Commissioners and Boards C. Dec. 29, 1998 Memo from former Mayor Mary Janney re: City Representatives to County/Regional Agencies D. Dec. 19, 2005 Memo from City Attorney re: Reimbursement Policies and Chapter 700 of 2005 Statues E. July 16, 2003 Memo from City Attorney re: Effect of Tie Votes RESOLUTION NO. 117-1999 ATTACHMENT B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ADOPTING CITY COUNCIL POLICY ON ROTATION OF COUNCIL OFFICERS WHEREAS, Section 36802 of the Government Code requires the City of Burlingame have a Mayor and Vice Mayor; and WHEREAS, by Council tradition the Council has rotated the office of Mayor and Vice Mayor annually at the second meeting in November of each year; and WHEREAS, the Council desires to insure an equitable rotation of officers amongst all persons elected to the City Council, NOW, THEREFORE, be it RESOLVED and DETERMINED by the CITY COUNCIL of THE CITY OF BURLINGAME that the following procedure shall govern the appointment of Council officers: 1 . Rotation of the office of Mayor and Vice Mayor shall occur annually at the second City Council meeting in November of each year. 2. The Vice Mayor shall become Mayor if eligible and a new Vice Mayor shall be appointed from the remainder of the councilmembers next in order of position on the rotation list described below. If the Vice Mayor is ineligible, unable, or declines to serve as Mayor, then councilmembers next in order of position on the rotation list described below shall fill both the offices of Mayor and Vice Mayor. 3. A rotation list based on seniority of consecutive years in the office of councilmember and this resolution is established pursuant to Exhibit A. 4. As changes in Council membership occur, the rotation list shall be updated as follows: A. The outgoing mayor shall be placed ahead of any councilmembers newly elected in the November general election, if any, but below all continuing and re-elected council-members B. A newly elected or appointed councilmember shall be placed at the bottom of the rotation list upon taking office. If more than one councilmember is elected or appointed at the same time, the newly elected or appointed councilmembers shall draw straws to determine their position relative to each other at the bottom of the rotation list. 1 C. If a councilmember declines to serve as either mayor or vice mayor when it is that councilmember's turn to serve, the declining councilmember shall be placed on the rotation list ahead of any councilmembers newly elected in the November general election, if any, and below all continuing and re-elected councilmembers. If however, more than one councilmember at the same time declines to serve as either mayor or vice mayor when it is their turn to serve,the declining councilmembers shall be placed in the same relative order to each other as before but below all other councilmembers on the rotation list. 5. The same process for rotation of officers contained in this resolution shall be used if the office of mayor or vice mayor becomes vacant at a time other than the second Council meeting in November of each year. However, if the vacancy occurs because the mayor or vice mayor is no longer able or willing to serve in that office,the outgoing officer shall be placed below all other councilmembers on the rotation list. 6. For purposes of this resolution, "the November general election" refers to the City general election that has occurred on the first Tuesday of November immediately preceding the second Council meeting for that November. Mayor 1, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the I't day of November, 1999, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, KNIGHT, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEM13ERS: NONE ABSENT: COUNCILMEMBERS: NONE City Clerk [U:\FILES\COUNREPS\mayorl i st2007.ccr.wpd] 2 EXHIBIT A ROTATION LIST FOR OFFICES OF MAYOR AND VICE MAYOR (November 1, 1999) 1. Mayor Mary Janney 2. Vice Mayor Marti Knight 3. Councilmember Rosalie O'Mahony 4. Councilmember Joe Galligan 5. Councilmember Mike Spinelli (Immediate Past Mayor) 3 ATTACHMENT C PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS 1. Application Dates. a. The City Manager will report when the term of office of a commissioner or board member will be expiring to the City Council approximately thirty (30) days in advance. The City Manager will also report any board or commission vacancy to the City Council. b. The City Council will then determine what deadlines for applications will apply for each board or commission. Generally, deadlines will be three (3) or more weeks following the Council's determination. The City Council may extend the deadlines as the Council may deem appropriate. 2. Advertisement. The City Clerk will post notice of the vacancies and deadlines at City Hall, the Main Library, and such additional places as the City Clerk determines may be helpful. For unscheduled vacancies, the City Clerk will also post notices as required by Government Code section 54974. 3. Applications. a. A standard application form together with supplemental questions will be provided by the City Manager to persons interested in appointment to a vacant office. b. Incumbent commissioners and board members seeking reappointment, as well as new applicants, will complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. However, a board member or commissioner who has been appointed to fill an unexpired term within the previous twelve (12) months will not be required to complete and file an application. C. Applicants are expected to have attended at least one meeting of the board or commission for which they are seeking appointment. d. Applications will only be accepted for specific vacancies. Persons who have applied for previous vacancies will be kept on an interest list for a period of two (2)years by the City Manager and be mailed notices of pending vacancies during that period. 4. Interviews. a. The City Council will interview all of the applicants, including incumbents, who have submitted applications by the designated deadline. Pursuant to the Brown Act, these interviews will be conducted at an open and public meeting. 5/7/2007 1 b. If an applicant is unable to interview with the Council at the time appointed by the Council because of a personal emergency or other compelling reason,the Council will make an attempt to reschedule the appointment but is not required to do so. The Council may conduct interviews by telephone so long as the requirements of the Brown Act are met. However, a candidate who is unable to be interviewed will be dropped from consideration. C. Normally, the appointments to the vacant positions will not be made immediately following the interviews, but will rather be made at the next meeting of the City Council. 5. Appointments. a. Appointments are made at regular or special meetings of the City Council by open motion and voting. Ballots will not be used. b. If there is more than one office to fill on a board or commission, the Mayor may direct that the voting be conducted on an applicant pool basis; in other words, the City Clerk is asked to read the name of each candidate with each Councilmember entitled to vote for the number of applicants equal to the number of open positions, with a majority vote required to appoint an applicant; if the Council is unable to reach a majority vote to fill the offices, an applicant receiving the fewest votes will be dropped through each voting cycle, until the required number of appointments are made. C. If the Council is unable to reach the necessary number of appointments for whatever reason,the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. 6. Terms of Office. Commissioners and board members are appointed for only a single term, and there is no expectation of reappointment. Terms of office will comply with the provisions of the Municipal Code, or in the case of the Library Board of Trustees, the California Education Code. 7. Local Appointment List. The City Clerk shall maintain and provide the Local Appointment List as required by Government Code section 54972 and following. 5/7/2007 2 ATTACHMENT D M E M O R A N D U M CITY OF BURLINGAME DATE: December 29, 1998 TO: Fellow Councilmembers FROM: Mary Janney, Mayor RE : City Representatives to County/Regional Agencies As you requested for the meeting of the City Selection Committee/Council of Cities meeting on December 18, 1998, I voted as follows: Marland Townsend for the Bay Air Quality Management Board; Malcolm Dudley for the Transportation Authority; Pam Rianda for the Transportation Authority; and Sue Lempert for the Metropolitan Transportation Commission Marland and Malcolm were selected without opposition. Pam Rianda was defeated by Naomi Patridge on the second ballot. Sue Lempert was selected on the first ballot. As you know, I was very concerned about how binding votes affected the office of mayor and Council consistency with the way selections have been handled in the past,so I asked Dennis,Larry, and Judy to do some research. What we found was that instruction to the mayor on voting has been,at best, sporadic and that there is a distinction between Cities Selection Committee and Council of Cities on this issue. I also think that the 1984 resolution probably doesn't work, and we should further discuss how we expect the City's representatives to represent us on our many multi-agency boards and agencies. Let me begin the with the Cities Selection Committee/Council of Cities. The Council of Cities was formed to discuss city issues in the County;I believe it was originally the Council of Mayors. The Council of Cities selects representatives to the following multi-agency boards and commissions: Community Development Committee Peninsula Corridor Joint Powers Board Transportation Authority Criminal Justice Council December 29, 1998 Page 2 The Cities Selection Committee is created by State statute (Gov't Code Sections 50270 etc.)to be composed of the mayors of the cities in the County and appoints members to the following: ABAG Bay Area Air Quality Management District California Identification Board Children's Executive Council LAFCO Metropolitan Transportation Commission Supplemental Law Enforcement Oversight Committee Transit District The Selection Committee also makes recommendations for Coastal Commission and ratification of the final transportation plan for the County as developed by C/CAG. The Council of Cities and the Cities Selection Committee have been combined in San Mateo County. The County provided me with a list of the selections/appointments that have been made by these 2 committees in the past 4 years, which is attached. We then went back and looked through the minutes of City Council meetings to see what instruction had been given regarding these appointments. We found only 5 occasions when the Council was either requested to or did provide direction to the Mayor regarding selections or decisions at the Council of Cities/Cities Selection Committee. I know there may have been informal discussions among councilmembers or we may have missed an entry in the minutes. However, it does appear that direction on voting has been sporadic. I have also attached Resolution 32-84 (together with the minutes on the item), which attempted to prevent the mayor from voting at Council of Mayors meetings unless the City Council had already stated a position. The vote on the resolution was 3-2,with Vic Mangini and Dave Martin opposed. The Resolution actually creates more confusion than its resolves: — The Council of Mayors no longer exists; — An abstention usually counts as a vote in favor of the majority vote–so in a 10-9 vote at the Council of Cities, Burlingame's abstention would count as an 11`h vote for the maj ority; — Sometimes there is no Council meeting scheduled before a Committee agenda is circulated and a Committee meeting occurs; December 29, 1998 Page 3 It is impossible to tell where discussions will lead at any meeting, even if the agenda is available before a Council meeting; nominations for positions can be made at the Committee meeting itself; and — It could take away Burlingame's vote on many issues. When this type of voting direction to mayors on the Council of Cities/Cities Selection Committee was brought to the attention of the then-Assistant District Attorney(now County Counsel)in 1988, Tom Casey determined that this direction was preempted by State law with regard to the Selection Committee. I have attached a copy of his opinion as well. Apparently in response to that opinion,the Cities Section Committee adopted rules of procedure that spell out when direction can be given to the mayor– in connection with a Council of Cities vote -- and when it cannot–in connection with a Cities Selection Committee vote. A copy of the rules is attached. I believe that we need to think about what we expect of our representatives to the many JPA's, regional agencies, and multi-agency boards and commissions, including the Cities Selection Committee and the Council of Cities. Do we want them to be just messengers and to only vote the way that the Council majority expressly directs them to vote, or do we expect them to represent the Council and the City and apply their best judgment in a manner consistent with City policies? RESOLUTION NO. 32 -84 COUNCIL OF MAYOR'S VOTING POLICY RESOLVED by the CITY COUNCIL of the CITY OF BURLINGAME that: WHEREAS, the Mayor of this City represents the views of this Council and the City of Burlingame at the San Mateo County Council of Mayors, and WHEREAS, issues are raised from time to time at meetings of the Council of Mavors which have not been the subject of prior discussion by this Council or upon which this Council has not expressed a position. NOW, THEREFORE, it is hereby deblared to be the policy of this Council that the Mayor or any other representative of this City to the San Mateo County Council of Mayors shall not vote for or against any item or issue,other than procedural matters such as approval of minutes,upon which this Council has not determined or stated a position. AZ or I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing .Besolution was introduced at a regular meeting of the City Council held on the 21st day of May ,1984, and was adopted thereafter by the following vote: AYES: COUNCILMEN: AMSTRUP, BARTON, PAGLIARO NOES: COUNCILMEN: MANGINI, MARTIN 5/16/84 ABSENT: COUNCILMEN: NONE CityC��eRk / r 4 u Doug Turner, Burlingame Group, reviewed the reason for requesting a time extension. The restaurant chain with which they had been negotiating has decided to put a restaurant in another location. They have an informal agreement with an hotel chain for the hotel but they need time to review the building plans. Council agreed unanimously by roll call vote to approve the request for the Burlingame Group time extension. The CIF request would be reviewed in August and the Ramada allocation would be reviewed in June. RESOLUTION 31-84 - REQUESTING PARTICIPATION IN THE PROGRAM FOR _ REHABILITATION OF STREETS UTILIZED BY TRANSIT VEHICLES Director of Public Works reviewed his memorandum of May 15, 1984 in �— which he recommended council adopt this resolution accepting provisions of the county program and stating Burlingame's desire to participate in the program for rehabilitation of city streets used by transit vehicles. Council questioned why certain roads were not included in the map of roads to be improved. Director of Public Works replied the roads used by transit but not included in the.map were either state highways or county roads. Councilman Martin moved adoption of Resolution 31-84. Seconded by Councilman Mangini, carried unanimously by voice vote. VACANT LOT AT 1610 HUNT Mayor Amstrup reviewed the City Manager's memorandum of May 14, 1984 in which he reviewed a request to purchase the lot for $85,000. The lot had previously been appraised for $100,000 and he recommended getting new appraisal and calling for public bids. Council concurred with City Manager's recommendation. ANNUAL JOINT MEETING OF COUNCIL AND PLANNING COMMISSION Council agreed to the date of June 9, 1984 for the annual meeting and suggested consideration of a breakfast meeting. RESOLUTION 32-84 - COUNCIL OF MAYORS VOTING POLICY Mayor Amstrup reviewed his desire for a policy statement on voting for the Council of Mayors. Councilwoman Barton noted while she was Mayor she had had occasion to come back to council for direction on certain matters she was asked to vote upon. She agreed this resolution was needed. Councilman Pagliaro also supported the idea. Councilmen Martin and Mangini saw no need for this resolution, council members know the position of this council and should not need to delay a vote. Councilman Martin noted that any Mayor or representative can abstain from voting at any time. Mayor Amstrup stated that some members of Council of Mayors do make personal statements at those meetings, and he would only speak as representative of this council. Councilman Pagliaro moved adoption of Resolution 32-84. Seconded by Councilwoman Barton, carried on roll call vote, Councilmen Mangini and Martin voting no. - CLOSURE OF CITY DUMP City Manager reviewed his memorandums of May 16 and May 9, 1984 in which he recommended that council announce the closure date of July 30, 1984 for the City Dump. Staff will prepare signs noting alternative dump sites for the public's information. San Carlos and Ox Mountain sites will be available for dumping. Staff will also seek consultant proposals for developing a master plan for Bayside Park. Council agreed to the closure date and hoped the press would publicize this information. 1u3 BURLINGAME, CALIFORNIA May 21, 1984 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. The meeting was called to order at 8 p.m. by Mayor Irving S. Amstrup. PLEDGE OF ALLEGIANCE TO THE FLAG Led by City Planner , Margaret Monroe. ROLL CALL COUNCILMEMBERS PRESENT: AMSTRUP, BARTON, MANGINI, MARTIN, PAGLIARO COUNCILMEMBERS ABSENT: NONE MINUTES Minutes of the Regular Meeting of May 7, 1984 and the Study Meeting of May 15, 1984 were approved. PUBLIC HEARING - SECOND READING - ORDINANCE 1275 - ESTABLISHING STOP SIGNS ON MITTEN, MALCOLM, STANTON, AND HINCKLEY ROADS AT GILBRETH ROAD Director of Public Works reviewed his memorandum of April 13 in which he recommended council hold public hearing and take action. The Public Works department and the Traffic, Safety, Parking Commission both recommend addition of these stop signs. Mayor Amstrup opened the public hearing. There being no comments, the hearing was closed. Councilman Mangini moved adoption of Ordinance 1275. Seconded by Councilwoman Barton, carried unanimously by roll call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1276 - ESTABLISHING PENALTIES FOR REPEAT PARKING VIOLATIONS City Attorney reviewed his memorandum of April 20, 1984 in which he recommended council hold public hearing and take action. Councilman Mangini inquired about the amount of the fine. City Attorney reviewed first parking ticket would be $5 and repeat ticket in the same parking spot would be $15. Mayor Amstrup opened the public hearing. Alan Horn, resident, stated $15 is too cheap, he felt fine should be $25 or $50 for second ticket. Mayor Amstrup closed the public hearing. Councilman Martin moved adoption of Ordinance 1276. Seconded by Councilman Pagliaro, carried unanimously by roll call vote. TRAFFIC ALLOCATIONS - MAY 1984 City Planner reviewed her memorandum of May 14, 1984 in which she recommended council review the two requests for time extensions and take action. Burlingame Group is requesting an extension of four months on occupancy of their three structures and the CIF project is requesting an eleven month extension on occupancy. She noted that Ramada was granted an allocation but they have not submitted an application to BCDC and until they do so the clock does not begin to run on their construction time line. Councilman Pagliaro was concerned about the Ramada project and stated council should review it to determine Ramada's intent. Council concurred and requested City Planner write to Ramada regarding council's concerns. Council stated the eleven month delay for CIF was too long and council would like to review this project in August. ATTACHMENT E M E M O R A N D U M CITY OF BURLINGAME CITY ATTORNEY DATE: December 19, 2005 TO: Mayor and Council FROM: Larry E. Anderson, City Attorney RE : Reimbursement Policies and Chapter 700 of 2005 Statutes INTRODUCTION In November,the City Council briefly discussed Chapter 700 adopted by the California Legislature regarding reimbursement policies, and the Council approved a supplemental listing of events and meetings for which councilmembers could be reimbursed. The Council directed staff to review other agencies' reimbursement policies and provide the Council with a variety of possible approaches for consideration. DISCUSSION A. Historical Background Burlingame Municipal Code § 2.04.030(b) limits reimbursements to councilmembers as follows: Reimbursement.The salaries prescribed in this section are exclusive of any amounts payable to each member of the council as reimbursement for actual and necessary expenses incurred in the performance of official duties. Actual and necessary expenses shall not include mileage for any activity within the county. The City Council adopted an expense reimbursement policy in February 2003 that applied to all City officers and employees, including the City Council. In February of this year, the Council adopted some minor revisions to the policy as part of adoption of the City's Revised Purchasing Procedures. A copy of the City's current expense reimbursement policy is attached as Attachment A. Apparently, some local agencies in the Sacramento Valley have had troubles with payments made to members of their governing boards in the past few years;there have been questionable expenses and some high payments for meeting attendance. In response, the California Legislature adopted revisions to the Government Code in the last session that establish compensation and reimbursement standards for all local agencies in the State (Chapter 700, 2005 Statutes, aka AB 1234). A copy of the relevant sections is attached as Attachment B. Mayor and Council Re: Reimbursement Policies and Chapter 700 of 2005 Statutes December 19, 2005 Page 2 The new law takes effect on January 1, 2006, and establishes the following principles regarding expense reimbursements for councilmembers (and any other board or commission members who receive any reimbursements): 1) A written policy must be adopted "specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses". 2) The policy may also establish reimbursement rates; if it does not, IRS standards control. 3) Rates for lodging or transportation cannot exceed government and group rates that are offered unless the additional expense is approved by the City Council at a public meeting before the expense is incurred. 4)Expense reports must be filed within a reasonable time after the expense is incurred, and all of the reports are public records. 5) The persons receiving reimbursement for a meeting must give a brief report about the meeting at the next regular meeting of the body of which they are a member. 6) Every councilmember and board and commission member who receives reimbursement for expenses from the City must receive at least 2 hours of approved training in ethics laws during the year 2006. Last month,the Council approved a resolution specifying the types of events and meetings for which reimbursement of expenses were appropriate. A copy of the resolution is attached as Attachment C. B. City Compliance The adopted City policies are almost fully in compliance with the new law. The reimbursement policy was adopted at a public meeting;the policy specifies the types of events}and further identifies the accepted organization sponsors of the events; the policy establishes the maximum rates for reimbursement for a variety of expenses, relying on Federal per diem rates as a guide in most instances;lodging at conference hotels is specifically permitted. The Council already offers reports of meetings that have been attended at each Council meeting, and expense reimbursements are already public record in Burlingame. Two small changes appear to be required by the new law. First,the maximum lodging rate allowed should be the conference hotel rate unless the rate is not available;this would allow a member to stay at a different hotel so long as the expense is not greater than the group rate at the conference hotel, Mayor and Council Re: Reimbursement Policies and Chapter 700 of 2005 Statutes December 19, 2005 Page 3 and would comply with the new law by taking the conference rate if it is less than the Federal per diem rate (the Federal per diem rate is almost always less). Second,the maximum transportation rate should be the group/government rate for travel;this would allow a member to use a private vehicle,for example,so long as the expense reimbursement claimed did not exceed the group rate available; once again, this would comply with the new law by using the maximum group transportation rate if it less than the rates allowed by the City policy. These changes can be brought to the Council for approval next month. C. Other Agencies'Policies We surveyed the other city attorneys in the County and did not find any other city that had an adopted written policy on expense reimbursements. The County has a policy statement that seems to have worked fairly well for the Board of Supervisors. The County policy is attached as Attachment D. Attached as a further example is the reimbursement policy for the City of Rancho Palos Verdes as Attachment E. With the adoption of the new law, the League of California Cities has developed a draft sample reimbursement policy that seeks to address the various components of the new law. A copy of the draft sample is attached as Attachment F. D. Alternatives and Issues Types of Events. The current City policy specifies the types of events or meetings in the following way: 1)Performance of official duties,such as attending meetings of boards or commission of which the person is a member as well as training in ethics laws(which is broadly defined in the new law); and 2) Attendance at meetings or events sponsored by a specific list of organizations, such as the League of California Cities, Metropolitan Transportation Commission, etc. The League of California Cities sample policy uses more generalized descriptions: 1. Communicating with representatives of regional, state and national government on city/county/district adopted policy positions; 2. Attending educational seminars designed to improve officials' skill and information levels; 3. Participating in regional, state and national organizations whose activities affect the city's/county's/district's interests; Mayor and Council Re: Reimbursement Policies and Chapter 700 of 2005 Statutes December 19, 2005 Page 4 4. Recognizing service to the city/county/district (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); 5. Attending city/county/district events; 6. Implementing a city/county/district-approved strategy for attracting or retaining businesses to the city/county/district,which will typically involve at least one staff member; and 7. [For those agencies that pay meeting stipends,for example,water districts] Meetings such as those listed above for which a meeting stipend is expressly authorized under this policy. Page 2 of Sample Policy. The County, on the other hand, also lists expenses that will not be authorized, such as political functions. Rancho Palos Verdes' policy more closely resembles Burlingame's, with a listing of specified sponsor organizations. It may be appropriate to provide a more generic description of events or meetings; however, predetermined certainty on the appropriateness of an expense is very helpful to Finance staff and avoids acrimony over a particular event or expense. In addition, the new law allows variations, so long as the variation is approved before the expense is incurred. Fundraisers. Nonprofit organizations have regular events that are fundraisers for the organizations, such as luncheons,dinners,auctions,and so forth. Councilmembers are often invited to these events, and some of the organizations are ones to which the City provides direct financial support. However, the ticket for attendance usually includes a fairly large surcharge above the direct cost of dinner or lunch in order to raise funds for the organization. The first question is probably whether attendance by a councilmember should be considered as a part of official duties so that reimbursement of expenses is warranted? If so,which organizations should be included? The second question is whether the contribution portion is a reasonable and necessary expense that the City should pay or whether a councilmember should be expected to bear that portion of the cost? The County's policy does not reimburse for all fundraisers as follows: "An event which is primarily a fund-raiser for an organization, non-profit or otherwise. It is recognized however that would be appropriate to claim the cost when a meal is provided at this type of function, although the reimbursement shall not exceed $150." Staff has suggested that we work with charitable organizations in the coming year to identify an attendance cost that might apply to elected officials when the organization dearly wants elected Mayor and Council Re: Reimbursement Policies and Chapter 700 of 2005 Statutes December 19, 2005 Page 5 officials to attend for the visibility created, but recognizing that the cost of attendance can quickly add up. City Functions. The Council should also determine whether councilmembers should be reimbursed for attendance at a City function,such as a retirement dinner for a City employee. The County policy does provide for reimbursement,probably because attendance at a number of these types of events can quickly add up to a lot of money. There is also some expectation that one or more councilmembers will attend to show support for the employees. Amount of Expense. As can be seen in the Sample Policy, some agencies establish a maximum annual amount of expenses that can be reimbursed to each councilmember. In Burlingame, the Council has established an overall budget from which all councilmembers draw, and the account is never overdrawn. If the Council would like to establish individual maximum amounts, it could do so,and given the variety of events,it might be appropriate to ensure that the person serving as mayor has an additional increment available. Expense Allowances. Some agencies in the past have simply established expense allowances that are paid regardless of actual expenses incurred. These have be car or computer allowances. However, it appears to be the consensus of city attorneys that the new law prohibits these types of allowances for members of councils, boards, and commissions; instead, expenses have to be approved on an individual, auditable basis. Other agencies,such as Rancho Palos Verdes,limit reimbursement for attendance at some meetings to only authorized attendees. For example,if the City had a representative to ABAG attending,then an additional City official would not be entitled to reimbursement. This seems like a difficult system to administer,particularly when most events and meetings are often of interest to the entire Council. F. Next Steps In January, staff will bring forward the two small changes discussed above to ensure compliance with the new law. However,the Council may wish to consider further changes to the policy;perhaps those could be discussed at a study meeting in the coming few months. Staff would be happy to provide any further information that might be of assistance. It is expected that the League of California Cities will complete development of educational programs to meet the training requirements of the new law, and staff will let the City Council and the Planning Commission know about training opportunities that satisfy the new law as the year goes along. Mayor and Council Re: Reimbursement Policies and Chapter 700 of 2005 Statutes December 19, 2005 Page 6 CONCLUSION My principal goal on this issue is to have a clear, direct policy on expense reimbursements, so that officials and City staff can readily administer and explain the policy. I want to minimize uncomfortable decisions about particular expenses by establishing the rules in advance as much as possible. As Bill Clinton and Tom DeLay learned,these types of issues can divert a lot of attention from important matters that must be addressed. RESOLUTION NO. 86-2005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SPECIFYING OFFICIAL FUNCTIONS FOR WHICH REIMBURSEMENT OF COSTS OF ATTENDANCE IS AUTHORIZED RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS,the City Council has adopted a Purchasing Manual specifying the procedures and policies for reimbursement of expenses; and WHEREAS, the Chapter 700 of the 2005 California Statutes requires the City Council to specify what official functions are subject to reimbursement for attendance costs for Councilmembers if a function does not fit into the three narrow categories identified by the Legislature; and WHEREAS,attendance at meetings and events ofthe following organizations are an integral part of service as a Councilmember for the City in representing the City's interests and hearing and learning about and sharing the far-reaching concerns of the community: —Association of Bay Area Governments —Burlingame Chamber of Commerce —California Legislature —Cities Selection Committee —Council of Cities (Council of Mayors) —League of California Cities, both Peninsula Division and State — League of Women Voters (North San Mateo County and South San Mateo County chapters) —Metropolitan Transportation Commission —North County Council of Cities —Peninsula Policy Partnership —SAMCEDA —San Mateo County Convention& Visitors Bureau —San Mateo County Progress Seminar WHEREAS, reimbursement of the costs of attendance at these events and meetings to Councilmembers is appropriate and should be authorized, NOW, THEREFORE, it is hereby resolved: 1. In addition to reimbursement for functions and activities specified in Chapter 700 of 2005 California Statutes,reimbursement for the costs of attendance by Councilmembers at meetings and events of the following organizations is authorized: —Association of Bay Area Governments —Burlingame Chamber of Commerce 1 —California Legislature —Cities Selection Committee —Council of Cities (Council of Mayors) —League of California Cities, both Peninsula Division and State — League of Women Voters (North San Mateo County and South San Mateo County chapters) —Metropolitan Transportation Commission —North County Council of Cities —Peninsula Policy Partnership — SAMCEDA — San Mateo County Convention&Visitors Bureau — San Mateo County Progress Seminar r _ Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7"day of November, 2005, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: BAYLOCK, GALLIGAN,NAGEL, O'MAHONY NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER:NONE City Clerk 2 ATTACHMENT F M E M O R A N D U M CITY OF BURLINGAME CITY ATTORNEY DATE: July 16, 2003 TO: Mayor and Council FROM: Larry E. Anderson, City Attorney RE : Effect of Tie Votes and Common Need for Three Affirmative Votes at Council Level One of the issues that is not clearly defined in State law or the Municipal Code is the effect that a tie vote has on administrative appeals at the Council level. This memorandum is intended to provide the Council with an outline of the effects of tie votes on Council decision-making. Tie votes have different impacts depending on the motion made or the matter before the Council. DISCUSSION Tie votes are generally construed to be "no action" under both law and procedural rules; therefore, a tie vote usually acts to defeat the particular motion that was being voted upon. However,because a tie vote constitutes "no action," the Council may choose to make additional motions to attempt to reach a more definitive decision on the matter. Additional action is solely within the discretion of the Council, and the Council can allow the matter to simply expire with the tie vote. A. Ordinances State law requires that a routine ordinance be adopted by a majority of the Council (at least 3 affirmative votes);therefore,two affirmative votes (whether in a tie or a majority of a quorum of 3 Councilmembers) is insufficient to adopt an ordinance. Gov't Code § 36936. Such a vote on an ordinance defeats the proposed ordinance if no further action is taken. B. Resolutions. A resolution now requires a majority of the Council as well, 3 affirmative votes; therefore, a tie vote defeats the proposed resolution if no further action is taken. Gov't Code § 36936. C. Urg_encv Ordinances. State law requires that at least four members of the Council vote affirmatively for an urgency ordinance. Gov't Code § 36937(b). Therefore, a tie vote naturally defeats the urgency ordinance. D. Planning Applications. 1. Appeals to the City Council from the Planning Commission. An appeal from the Planning Commission on a decision that would have been final with the Mayor and Council Re: Effect on Tie Votes at Council Level July 16, 2003 Page 2 Planning Commission had the appeal not been filed,is subject to section 25.16.070 of the Municipal Code. Generally, an appeal establishes an entirely new or de novo process and whatever decision is made by the council is the decision imposed upon the applicant for the planning application. The Municipal Code provides little guidance as to the effect a tie vote might have: "After having held such hearing, the council shall make and file its order determining the matter and may approve, disapprove, or modify the order of the commission." Section 25.16.085 goes on to state: "The determination and order of the commission, or, if appeal or review is had under the foregoing provisions, the determination and order of the council, is final and conclusive on the applicant." . This implies that the Council's decision (a"no approval of the application") would be the result. In addition, City action on applications is taken by resolution. As discussed above, a resolution can only be adopted by a majority of the Council—three votes. Therefore, if an applicant is unable to attain 3 affirmative votes from the Council to approve an application, it appears that the application stands denied. 2. Planning Ordinances or General Plan Amendments. Many planning applications in the Town require adoption of a planned development ordinance, zoning code amendment, or general plan amendment. All of these require, like routine ordinances, the affirmative majority vote of the Council (3). Therefore, a tie vote or a vote of 2-1 constitutes a failure to adopt the ordinance or general plan amendment. Because the Commission has no authority to adopt these, the Commission's recommendation cannot be adopted by default. E. Follow-Up Procedure When a tie vote occurs or when a motion fails, Councilmembers may make other motions concerning an application or proposal and can alter the proposal or ordinance before the Council. Of course, if adoption of a routine ordinance at its second reading is before the Council,then it will probably be necessary to reintroduce the ordinance in its amended form in order to validate it and to provide the required pre-adoption publication. Finally,there are other procedures or proposals under State law that require either a majority of the Council (3) or a super majority (usually four-fifths or 4 affirmative votes) to approve a proposal. These include such things as overriding assessment protests and adopting a resolution of necessity to proceed with eminent domain. If you would like to discuss this issue further, please let me know. 8th Draft COUNCIL POLICY Attachment A CITY OF BURLINGAME CATEGORY: Council January 31,2008 PAGE: 1.1.1 SUBJECT: Council Conduct "Conduct is three-fourths of our life and its largest concern."--Matthew Arnold The Three Rs of Burlingame Government Leadership: Roles,Responsibilities and Respect This Code of Conduct is designed to describe the manner in which Councilmembers should treat one another,city staff,constituents, and others they come into contact with in representing the City of Burlingame. , The contents of this Code of Conduct include: •Overview of Roles&Responsibilities(Pages 1-3) •General Policies&Protocol(Pages 3-6) •Council Conduct with One Another(Pages 6-7) •Council Conduct with City Staff(Pages 8) •Council Conduct with the Public(Pages 9) •Council Conduct with Other Public Agencies(Pages 11) •Council Conduct with Boards and Commissions(Pages 12) •Council Conduct with the Media(Pages 13) • Sanctions(Pages 14) •Principles of Proper Conduct(Pages 15) •Checklist for Monitoring Conduct(Page 15) •Glossary of Terms(Pages 16) The constant and consistent theme through all of the conduct guidelines is"respect." Councilmembers experience huge workloads and tremendous stress in making decisions that could impact thousands of lives.Despite these pressures,elected officials are called upon to exhibit appropriate behavior at all times. Demonstrating respect for each individual through words and actions is the touchstone that can help guide Councilmembers to do the right thing in even the most difficult situations. L OVERVIEW OF ROLES&RESPONSIBILITIES "Leadership is an action,not a word."--Richard Cooley Other resources that are helpful in defining the roles and responsibilities of elected officials can be found in the Leadership Guide for Mayors and Councilmembers published by the League of California Cities. Council Policy—Council Conduct 1.1.1 1 January 31, 2008 A. MAYOR 1. Serves at the pleasure of the Council 2. Acts as the official head of the City for all ceremonial purposes 3. Chairs Council meetings 4. Calls for special meetings 5. Recognized as spokesperson for the City on matters that the Council has taken a position on. 6. Selects substitute for City representation when Mayor cannot attend 7. Makes judgment calls on issuance of proclamations 8. Appoints subcommittees and makes council assignments 9. Serves as the liaison between the Council and the City Manager and City Attorney in regards to employee relations involving those two Council- appointed positions. 9. Leads the Council as an effective,cohesive working team 10. Signs documents on behalf of the City 11. Serves as official delegate of the City to events and conferences 12. Determines Council meeting agendas in concert with the City Manager and City Clerk. B. VICE MAYOR 1. Serves at the pleasure of the Council 2. Performs the duties of the Mayor if the Mayor is absent or disabled 3. Chairs Council meetings at the request of the Mayor 4. Represents the City at ceremonial functions at the request of the Mayor C. ALL COUNCILMEMBERS All members of the City Council,including those serving as Mayor and Vice Mayor,have equal votes.No Councilmember has more power than any other Councilmember,and all should be treated with equal respect. All Councilmembers should: 1. Fully participate in City Council meetings and other public forums while demonstrating respect,consideration,and courtesy to others 2. Prepare in advance of Council meetings and be familiar with issues on the agenda 3. Represent the City at ceremonial functions at the request of the Mayor 4. Be respectful of other people's time. Stay focused and act efficiently during public meetings. 5. Serve as a model of leadership and civility to the community 6. Inspire public confidence in Burlingame government 7. At the discretion of Council member provide contact information to the Manager's Executive Assistant in case an emergency or urgent situation arises while the Councilmember is out of town 8. Demonstrate honesty and integrity in actions and statements Council Policy—Council Conduct 1.1.1 2 January 31, 2008 9. Participate in scheduled activities to increase team effectiveness and review Council procedures,such as this Code of Conduct 10.Respond to phone calls or e-mails from staff on requests for scheduling meetings in a timely fashion(ideally within 48 hours). 11. Communicate suggested items for future Council meeting agendas during the new business portion of the Council meeting or directly to the Mayor. D. MEETING CHAIR The Mayor will chair official meetings of the City Council,unless the Vice Mayor or another Councilmember is designated as Chair of a specific meeting. 1. Uses parliamentary procedure for meeting management 2. Maintains order,decorum,and the fair and equitable treatment of all speakers 3. Keeps discussion and questions focused on specific agenda item under consideration 4. Makes rulings with advice,if requested,from the City Attorney.Chair rulings may be overturned if a Councilmember makes a motion as an individual and the majority of the Council votes to overrule the Chair. U. GENERAL POLICIES&PROTOCOL "Wherever there is a human being,there is an opportunity for kindness."—Seneca A. CEREMONIAL EVENTS Requests for a City representative at ceremonial events will be handled by City staff.The Mayor will serve as the designated City representative.If the Mayor is unavailable,then City staff will determine if event organizers would like another representative from the Council.If yes,then the Mayor will recommend which Councilmember should be asked to serve as a substitute. Invitations received at City Hall are presumed to be for official City representation. Invitations addressed to Councilmembers at their homes are presumed to be for unofficial,personal consideration. B. CORRESPONDENCE SIGNATURES Councilmembers do not need to acknowledge the receipt of correspondence,or copies of correspondence,during Council meetings.City staff will prepare official letters in response to public inquiries and concerns.These letters will carry the signature of the appropriate staff person unless the Mayor requests that they be signed by the Mayor or another Councilmember. Correspondence with members of the community on operational matters will be sent out under the signature of the appropriate staff person or the City Manager. Letters or any other mailings with a council member's signature(or the names or likenesses of one or more Councilmembers in the mailingj that are to be sent out WeW:Ime ---- - Council Policy—Council Conduct 1.1.1 3 January 31, 2008 more than 199 people at City expense will be reviewed by the City Attorney to ensure they do not violate legal limitations. C. E-MAILS Each councilmember is provided with a City e-mail address. This e-mail address should be used by Councilmembers for sending and receiving e-mail regarding official City business.If a Councilmember receives an e-mail regarding official City business at private e-mail address,the Councilmember should forward the e- mail to the City Clerk for record purposes. Of course,the City e-mail address should not be used for sending or receiving e-mails regarding a Councilmember's campaign or other political activities. D. ENDORSEMENT OF CANDIDATES Councilmembers have the right to endorse candidates for all Council seats or other elected offices.It is inappropriate to publicize endorsements during Council meetings or other official City meetings. E. INTERGOVERNMENTAL RELATIONS During the Council Report portion of the meeting agenda,Councilmembers should report on specific assignments and committees that they have attended on behalf of the council.Examples are the League of Cities,Council of Mayors,Airport Roundtable, SamTrans,Chamber of Commerce,C/CAG,etc. In addition the Mayor will acknowledge any of the community events that the Council or Mayor was invited to attend and who attended them,(include any other council members who were in attendance with the Mayor or who had attended at the Mayor's request). Under State law,Councilmembers are required to report on any meetings that they attended and for which the City paid any costs for attendance. F. PUBLIC MEETING HEARING PROTOCOL The applicant shall have the right to speak first. The appellant,if the applicant is not the appellant,will speak second.The Chair will determine the length of time allowed for these presentations. The Chair will then allow members of the public to comment on the matter presented.The Chair will determine how much time will be allowed for each speaker,with 3 to 5 minutes the standard time granted. Speakers will not be permitted to give their time to others so as to allow other speakers to have more than the standard time granted,if a speaker wishes to read a letter or other document from the sneaker or any other person,the time reading the letter counts in the speaker's total allowed time. The applicant will be allowed to make closing comments. If the appellant is not the applicant,then the Chair may allow the appellant to make closing comments before the applicant makes closing comments. The Chair has the responsibility to run an efficient public meeting and has the discretion to modify the public hearing process in order to make the Council Policy—Council Conduct 1.1.1 4 January 31, 2008 meeting tun smoothly. Councilmembers may only ask relevant questions for clarification of stated facts and they will not express opinions during the public hearing portion of the meeting except to ask pertinent or focused questions of the speaker or staff. Questions should be directed through the Chair to affirm the respect due the Chair by both Councilmembers,speakers,and the audience. "I think"and"I feel"comments by Councilmembers are not generally appropriate until after the close of the public hearing. Councilmembers should refrain from arguing or debating with the public during a public hearing and shall always show respect for different points of view. G. TRAVEL EXPENSES The policies and procedures related to the reimbursement of travel expenses for official City business by Councilmembers are outlined in the City Purchasing Manual. H. AWARDS Other than proclamations which the Mayor is authorized to issue,awards to members of the public,community organizations or to businesses shall be authorized only by an action of the majority of the City Council. Such authorization may include empowering a council appointed committee to make such awards. This does not preclude awards of heroism or bravery by department heads or awards by the City Manager or their designees for employee performance. 1. COMMITTEE FORMATION Request by Council members to create a city sanctioned committee or task force to undertake projects, do research,or develop recommendations shall require a council majority vote. J. IDENTIFICATION. The City provides each Councilmember with a City identification card and business cards to be used for any official site visits. While identification in the form of badges used to be issued to Councilmembers,the California Attorney General has determined that use of these types of badges may contravene State law, so badges will no longer be issued or used. K. SETTING COUNCIL MEETING AGENDAS The Mayor determines Council meeting agendas in concert with the City Manager and City Clerk. Council members should communicate suggested items for future Council meeting,agendas during the new business portion of the Council meeting or directly to the Mayor,who will decide if and when such an item will be placed on Council Policy—Council Conduct 1.1.1 5 January 31, 2008 an agenda. However,whenever.two or more Council members request an item be &i;t-d: laced on a future agenda,the Mayor will do so withjn a reasonable period of time. Deleted:if A Council vote can be taken to place an item on a specific meeting date. Deleted: L. GIFTS AND FAVORS Members shall not take any special advantage of services or opportunities for personal gain,by virtue of their public offices that are not available to the public in general. They shall refrain from accepting any gifts,favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. M. CONFIDENTIAL INFORMATION Councilmembers shall respect the confidentiality of information concerning the property, personnel or affairs of the City,whether disclosed in closed session or otherwise.They shall neither disclose confidential information without proper legal authorization,nor use such information to advance their personal,financial or other private interests. IH. COUNCIL CONDUCT WITH ONE ANOTHER "In life,courtesy and self-possession,and in the arts,style,are the sensible impressions of the free mind,for both arise out of a deliberate shaping of all things and from never being swept away,whatever the emotion,into confusion or dullness."—William Butler Yeats Councils are composed of individuals with a wide variety of backgrounds,personalities, values,opinions,and goals.Despite this diversity,all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases,this common goal should be acknowledged even as Council may"agree to disagree"on contentious issues. A. IN PUBLIC MEETINGS 1. Use formal titles-The Council should refer to one another formally during public meetings as Mayor,Vice Mayor or Councilmember followed by the individual's last name. 2. Practice civility and decorum in discussions and debate-Difficult questions,tough challenges to a particular point of view,and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow,however,Councilmembers to make belligerent, personal,impertinent, slanderous,threatening,abusive,or disparaging comments.No shouting or physical actions that could be construed as threatening will be tolerated. 3. Honor the role of the Chair in maintaining order-It is the responsibility of the Chair to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the Council Policy—Council Conduct 1.1.1 6 Januaa 31. 2008 agenda or the Chair's actions,those objections should be voiced politely and with reason,following procedures outlined in parliamentary procedure. 4. Demonstrate effective problem-solving_approaches-Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. 5. When bringing an idea to the"council of the whole"council member(s) should avoid presenting the matter as accomplished fact or done deal but rather as request for support. 6. Whenever possible,council members should try to give staff a heads up regarding questions that he/she has on an item that is on the Council's agenda. Questions will often come to mind when Council members are reviewing the staff reports and council members are encouraged to leave voice mail or e-mail messages regarding the matter with the appropriate staff member and if using e-mail,it is helpful to leave a copy for the City Manager so the Manager is aware of the desired information. This policy is designed to ensure that staff can be prepared to answer the question in a complete fashion that will provide adequate information to facilitate the Council's decision or direction on the matter.Failure to do so may result in staff not having the necessary information available to the discussion and thus delay action on the item.Understandably discussion of an item by the public and other fellow council members may lead to an unanticipated question by one or more Councilmembers. B. IN PRIVATE ENCOUNTERS 1. Continue respectful behavior in private. The same level of respect and consideration of differing points of view that are,deemed appropriate for Deleted:is public discussions should be maintained in private conversations. 2. Be aware of the insecurity of written notes,voicemail messages,and e-mail. Technology allows words written or said without much forethought to be distributed wide and far.Would you feel comfortable to have this note faxed to others?How would you feel if this voicemail message was played on a speaker phone in a full office?What would happen if this e-mail message was forwarded to others?Written notes,voicemail messages and e-mail should be treated as potentially"public"communication and records. 3. Even private conversations can have a public presence-Elected officials are always on display—their actions,mannerisms,and language are monitored by people around them that they may not know.Lunch table conversations will be eavesdropped upon,parking lot debates will be watched,and casual comments between individuals before and after public meetings noted. 4. The Council is a legislative body and as such makes decisions by majority. Once decided,it is a decision of the Council as a whole.Councilmembers who are on the minority side of a vote are expected,like staff members,to support the decision of the majority and although they understandably may be asked to explain their perspective and why they did not vote to support the motion,they should refrain from criticizing the Council majority and Council Policy—Council Conduct 1.1.1 7 January 31. 2008 staff as they work forward to implement the Council's direction. IV. COUNCIL CONDUCT WITH CITY STAFF "Never let a problem become an excuse."--Robert Schuller Governance of a City relies on the cooperative efforts of elected officials,who set policy, and City staff,who implements and administers the Council's policies. Therefore,every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. 1. Treat all staff as professionals Clear,honest communication that respects the abilities,experience,and dignity of each individual is expected.Poor behavior towards staff is not acceptable. 2. Limit contact to specific City staff Questions of City staff and/or requests for developing additional background information should be directed only to the City Manager,City Attorney,or Department Heads. The Office of the City Manager should be copied on any Councilmember requests,except those to the City Attorney or NN hen form aardi� einze❑ quest1.ons or complaints.Requests for follow-up or directions to staff should be made only through the City Manager,or the City Attorney when appropriate. When in doubt about what staff contact is appropriate, Councilmembers should ask the City Manager for direction.Materials supplied to a Councilmember in response to a request will usually be made available to all members of the Council so that all have equal access to information. 3. Council should forward citizen complaints or questions via Citizen Connect or directly to the appropriate staff members for follow-up,with copies to the City Manager, The City Clerk receives e-mails addressed to"Grp-Council"and will oeWtea. and Citycrerk automatically forward them to the appropriate staff person to follow up. Staff receiving that complaint/question is expected to respond or at least acknowledge receipt of the complaint/question with some sense of the timing of the anticipated follow up. 4. Suggestions on how to implement a council policy or approaches to operational duties/services should be made through the City Manager and/or the City Council. 5. Requests to work with staff(or to have a Council liaison assigned to work with staff)on a specific project must be discussed and approved by the Council. 6. Do not disrupt City staff from their jobs. Councilmembers should not disrupt City staff while they are in meetings,on the phone,or engrossed in performing their job functions in order to have their individual needs met. 7. Never publicly criticize an individual employee. Council should never express concerns about the performance of a specific City employee in public,to the employee directly,or to the employee's manager.Comments about staff performance should only be made to the City Manager through private correspondence or conversation.Comments about staff in the office of the City Attorney should be made directly to the City Attorney. Council Policy—Council Conduct 1.1.1 8 January 31, 2008 8. Do not get involved in administrative functions. Councilmembers must not attempt to influence City staff on the making of appointments,awarding of contracts, selecting of consultants,processing of development applications,or granting of City licenses and permits.Municipal Code Section 3.04.050 prohibits Council interference in administrative functions. Dek tW:9._check with city staff an - - - - 9. Do not attend meetin with Ci staff unless re uested b staff.Even if the - mj1O1dE°e before taking tette,1 ty q y __Before sending correspondence, Councilmember does not say anything,the Councilmember's presence implies Cwnctilmernbers should check with city support, shows partiality,intimidates staff,and hampers staff s ability to do their �'°beeifann or in progress.response has already tern Seel or is in progress. job objectively. 10. Limit requests for staff support.Routine secretarial supportwill be provided to all Councilmembers. All mail except when marked"personal"or"confidential" for Councilmembers is opened by the City Clerk staff,or City Manager's Executive Assistant,unless other arrangements are requested by a Councilmember.Mail addressed to the Mayor is reviewed first by the City Clerk or Deputy City Clerk or City Manager's Executive Assistant who notes suggested action and/or follow-up items. 11. Requests for additional staff support—even in high priority or emergency situations--should be made to the City Manager who is responsible for allocating City resources in order to maintain a professional,well-run City government. 12. Do not solicit political support from staff.Councilmembers are barred from soliciting any type of political support(financial contributions,display of posters or lawn signs,name on support list,use of city employees pictures on campaign material etc.)from City staff(Burlingame Municipal Code Section 3.52.100). City staff'may,as private citizens with constitutional rights,support political candidates but all such activities must be done away from the workplace. V. COUNCIL CONDUCT WITH THE PUBLIC "If a man be gracious and courteous to strangers,it shows he is a citizen of the world,and that his heart is no island cut off from other lands,but a continent that joins to them." --Francis Bacon A. IN PUBLIC MEETINGS Making the public feel welcome is an important part of the democratic process. No signs of partiality,prejudice or disrespect should be evident on the part of individual Councilmembers toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. 1. Be welcoming to speakers and treat them with care and gentleness.The way that Council treats people during public hearings can do a lot to make them relax or to push their emotions to a higher level of intensity. 2. Be fair and equitable in allocating public hearing time to individual speakers Council Policy—Council Conduct 1.1.1 9 January 31. 2008 The Chair will determine and announce limits on speakers at the start of the public hearing process. Generally,each speaker will be allocated three minutes with applicants and appellants or their designated representatives allowed more time.If many speakers are anticipated,the Chair may shorten the time limit and/or ask speakers to limit themselves to new information and points of view not already covered by previous speakers.No speaker will be turned away unless he or she exhibits inappropriate behavior.Each speaker,except the applicant and sometimes the appellant,may only speak once during the public hearing unless the Council requests additional clarification later in the process. After the close of the public hearing,no more public testimony will be accepted unless the Chair re-opens the public hearing for a limited and specific purpose. cotetoa:. Ihemayoralone may thank 3. Practice active listening. It is disconcerting to speakers to have the speakers at me e°°°i,s'°"ofthe public canune�ri. Councilmembers not look at them when they are speaking.It is fine to look down at documents or to make notes,but reading for a long period of time or gazing around the room gives the appearance of disinterest.Be aware of facial expressions,especially those that could be misinterpreted as "smirking,"disbelief,anger or boredom. 4. Ask for clarification,but avoid debate and argument with the public.Only the Chair—not individual Councilmembers--can interrupt a speaker during apresentation.However,a Councilmember can ask the Chair for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disturbing. If speakers become flustered or defensive by Council questions,it is the responsibility of the Chair to calm and focus the speaker and to maintain the order and decorum of the meeting. Questions by Councilmembers to members of the public testifying should seek to clarify or expand information.It is never appropriate to belligerently challenge or belittle the speaker.Councilmembers' personal opinions or inclinations about upcoming votes should not be revealed until after the public hearing is closed. If a speaker becomes disorderly or refuses to leave the podium after appropriate requests,the Chair should call a recess. 5. No personal attacks of any kind,under any circumstance. Councilmembers should be aware that their body language and tone of voice,as well as the words they use,can appear to be intimidating or aggressive. However, speakers have the right to make personal attacks,although the Chair can attempt to keep a speaker on point. 6. Follow parliamentary procedure in conducting public meetings.The City Attorney serves as advisory parliamentarian for the City and is available to answer questions or interpret situations according to parliamentary procedures.Final rulings on parliamentary procedure are made by the Chair, subject to appeal by a Councilmember to the full Council. B. IN UNOFFICIAL SETTINGS 1. Make no promises on behalf of the Council or City. Councilmembers will frequently be asked to explain a Council action or to give their opinion Council Policy—Council Conduct 1.1.1 10 January 31, 2008 about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or City action,or to promise City staff will do something specific(fix a pothole,Censoi a library book,plant new flowers in the median,etc.). 2. Make no personal comments about other Councilmembers.It is acceptable to publicly disagree about an issue,but it is unacceptable to make derogatory comments about other Councilmembers,their opinions and actions. 3. Remember that despite its nearly 30,000 population figure,Burlingame is a small town at heart. Councilmembers are constantly being observed by the community every day that they serve in office. Their behaviors and comments serve as models for proper deportment in the City of Burlingame. Honesty and respect for the dignity of each individual should be reflected in every word and action taken by Councilmembers,24 hours a day,seven days a week.It is a serious and continuous responsibility. Deleted:4. _Ensure that your involvement in other community events, VL COUNCIL CONDUCT WITH OTHER PUBLIC AGENCIES and organizations are kept separate from you role as a City Councilmember. ¶ "Always do right. This will gratify some people and astonish the rest."—Mark Twain 1. Be clear about whether a Council Member is representing the City or personal interests. It is important to realize tha4 many people, including other gqyernment 1 Deleted: coming from an elected officials,may perceive public statements or positions of a Council member as either the official government position of the member or of the City. If a Councilmember appears before another governmental agency or organization to f give a statement on an issue,the Councilmember must clearly state: 1)whether his or her statement reflects personal opinion or is the official stance of the City, 2)if a position as an elected official,whether this is the majority or minority opinion of the Council. If the Councilmember is representing the City,the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint., Deleted:iftheCouncilmemberis representing another organization whose position is different from the City,the Councilmember should withdraw from —Correspondence also should be equally clear about representation.City letterhead tet.. voting-,orion issue me taltotheCity impacts or is detrimental to the City's may be used when the Councilmember is representing the City and the City's official interest.Councilmembers Should be clear position. A copy of official correspondence should be given to the City Clerk to be and inform the Mayoraboutwhich ersaayori they represent and Council orthev filed in the Council Office as part of the permanent public record. City letterhead involvement ,lin l d_not be used for correspondence of Councilmembers representing a personal f Deleted;Except in those S,t„aU°„S point of view,or a dissenting point of view from an official Council position. where the counal Member has been appointed by the Mayor or Council as the However,should Councilmembers use City letterhead to express a personal opinion, City ofBurlingame'srepresentative t°the the official City position must be stated clearly so the reader understands the other goverrmuental body,a Should s as a difference between the official City position and the minority viewpoint of the cityothse,anheconsent a Councilmember. �kw tteti Bullets and Numbenrg T-64 ed it isbest that Council Policy—Council Conduct 1.1.1 11 January 31, 2008 VII. COUNCIL CONDUCT WITH BOARDS AND COMMISSIONS "We rarely find that people have good sense unless they agree with us." —Francois,Duc de La Rochefoucauld The City has established several Boards and Commissions as a means of gathering more community input. Citizens who serve on Boards and Commissions become more involved in government and serve as advisors to the City Council.They are a valuable resource to the City's leadership and should be treated with appreciation and respect. 1. If attending a Board or Commission meeting,be careful to only express personal opinions.Councilmembers may attend any Board or Commission meeting,which are always open to any member of the public.Any public comments by a Councilmember at a Board or Commission meeting should be clearly made as individual opinion and not a representation of the feelings of the entire City Council.Be careful not to use the position to intimidate or pressure the Board or Commission. 2. Limit contact with Board and Commission members to questions of clarification. It is inappropriate for a Councilmember to contact a Board or Commission member to lobby on behalf of an individual,business,or developer.It is acceptable for Councilmembers to contact Board or Commission members in order to clarify a position taken by the Board or Commission. 3. Remember that Boards and Commissions serve the Council and the community, not individual Councilmembers-The City Council appoints individuals to serve on Boards and Commissions,and it is the responsibility of Boards and Commissions to follow policy established by the Council.But Board and Commission members do not report to individual Councilmembers,nor do Councilmembers have the power or right to threaten Board and Commission members with removal if they disagree with an individual Councilmember about an issue. Appointment and re-appointment to a Board or Commission should be based on such criteria as expertise,ability to work with staff and the public,and commitment to fulfilling official duties. A Board or Commission appointment should not be used as a political "reward." 4. Be respectful of diverse opinions-A primary role of Boards and Commissions is to represent many points of view in the community and to provide the Council with advice based on a full spectrum of concerns and perspectives. Councilmembers may have a closer working relationship with some individuals serving on Boards and Commissions,but must be fair and respectful of all citizens serving on Boards and Commissions. 5. Keep political support away from public forums-Board and Commission members may offer political support to a Councilmember,but not in a public forum while conducting official duties.Conversely,Councilmembers may support Board and Commission members who are running for office,but not in an official forum in their capacity as a Councilmember. Council Policy—Council Conduct 1.1.1 12 January 31, 2008 & Inappropriate behavior can lead to removal-Inappropriate behavior by a Board or Commission member should be noted to the Mayor,and the Mayor should counsel the offending member. If inappropriate behavior continues,the Mayor should bring the situation to the attention of the Council and the individual is subject to removal from the Board or Commission. VIII. COUNCIL CONDUCT WITH THE MEDIA "Keep them well fed and never let them know that all you've got is a chair and a whip." --Lion Tamer School Councilmembers are frequently contacted by the media for background and quotes. 1. The best advice for dealing with the media is to never go"off the record"- Most members of the media represent the highest levels of journalistic integrity and ethics,and can be trusted to keep their word.But one bad experience can be catastrophic.Words that are not said cannot be quoted. 2. The Mayor is the official spokesperson for a City position.The Mayor is the designated representative of the Council to present and speak on the official City position. If an individual Councilmember is contacted by the media,the Councilmember should be clear about whether their comments represent the official City position or a personal viewpoint. 3. Choose words carefully and cautiously-Comments taken out of context can cause problems.Be especially cautious about humor,sardonic asides,sarcasm,or word play.It is never appropriate to use personal slurs or swear words when talking with the media. i 4. Discussion Forums(or Blogs) For Council members participating in on-line discussion forums(blog). It is suggested that Councilmembers treat questions from a"blog"participant as you would a reporter from other media. Councilmembers may want to share your logic on any decision that was made as part of a past City Council action,or to share factual information on a subject being discussed on the blog,but Councilmembers should avoid speculating as to how they would vote on a matter that has yet to come before the Council for action.Engaging in an online debate,particularly when more than one other Council member is likely to view your comments,may violate the Brown Act. On-line discussions,as well as letters to the editor,will give Council members valuable perspectives to take into consideration.If you are pressed for a response, and feel compelled to do so,you are encouraged to indicate that the perspectives you see being expressed are ones that you feel are important to consider when the matter comes before the City Council but avoid committing yourself to a specific action prior to hearing all the various perspectives that will be presented in a future public meeting. Council Policy—Council Conduct 1.1.1 13 January 31, 2008 5. _Press Releases In an effort to avoid any perception of bias,unless authorized by the majority of the City Council,members of the City Council should refrain from writing or drafting press releases regarding City matters. IX. SANCTIONS "You cannot have a proud and chivalrous spirit if your conduct is mean and paltry;for whatever a man's actions are,such must be his spirit."--Demosthenes 1. Public Disruption Members of the public who do not follow proper conduct after a warning in a public hearing may be barred from further testimony at that meeting or removed from the Council Chambers. 2. Inappropriate Staff Behavior Councilmembers should refer to the City Manager any City staff that does not follow proper conduct in their dealings with Councilmembers,other City staff,or the public. These employees may be disciplined in accordance with standard City procedures for such actions. (Please refer to the section on Council Conduct with City Staff for more details on interaction with Staff.) 3. Councilmembers Behavior and Conduct City Councilmembers who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council or lose committee assignments(both within the City of Burlingame and with inter- government agencies). Councilmembers should privately point out to the offending Councilmember infractions of these procedures. If the offenses continue,then the matter should be referred to the Mayor in private. If the Mayor is the individual whose actions are being challenged,then the matter should be referred to the Vice Mayor. It is the responsibility of the Mayor to initiate action if a Councilmember's behavior may warrant sanction.If no action is taken by the Mayor,the alleged violation(s)can be brought up with the full Council in a public meeting. If violation of these procedures is outside of the behaviors observed by the Mayor or Councilmembers,the alleged violation should be referred to the Mayor.The Mayor should ask the City Manager and/or the City Attorney to have the allegation investigated and report the findings to the Mayor.It is the Mayor's responsibility to take the next appropriate action. These actions can include,but are not limited to:discussing and counseling the individual on the violations; recommending sanction to the full Council to consider in a public meeting;or forming a Council ad hoc subcommittee to review the allegation;the investigation and its findings,as well as to recommend sanction options for Council consideration. Council Policy—Council Conduct 1.1.1 14 January 31, 2008 X. PRINCIPLES OF PROPER CONDUCT Proper conduct IS ... Keeping promises Being dependable Building a solid reputation Participating and being available Demonstrating patience Showing empathy Holding onto ethical principles under stress Listening attentively Studying thoroughly Keeping integrity intact Overcoming discouragement Going above and beyond,time and time again Modeling a professional manner Proper conduct IS NOT ... Showing antagonism or hostility Deliberately lying or misleading Speaking recklessly Spreading rumors Stirring up bad feelings,divisiveness Acting in a self-righteous manner It all comes down to respect.Respect for one another as individuals,respect for the validity of different opinions,respect for the democratic process and respect for the community that we serve. XL CHECKLIST FOR MONITORING CONDUCT Will my decision/statement/action violate the trust,rights or good will of others? What are my interior motives and the spirit behind my actions? If I have to justify my conduct in public tomorrow,will I do so with pride or shame? How would my conduct be evaluated by people whose integrity and character I respect? Even if my conduct is not illegal or unethical,is it done at someone else's painful expense?Will it destroy their trust in me?Will it harm their reputation? Is my conduct fair?Just?Morally right? If I were on the receiving end of my conduct,would I approve and agree,or would I take offense? Council Policy—Council Conduct 1.1.1 15 January 31, 2008 Does my conduct give others reason to trust or distrust me? Am I willing to take an ethical stand when it is called for?Am I willing to make my ethical beliefs public in a way that makes it clear what I stand for? Do I exhibit the same conduct in my private life as I do in my public life? Can I take legitimate pride in the way I conduct myself and the example I set? Do I listen and strive to understand the views of others? Do I question and confront different points of view in a constructive manner? Do I work to resolve differences and come to mutual agreement? Do I support others and show respect for their ideas? Will my conduct cause public embarrassment to someone else? XII. GLOSSARY OF TERMS Attitude-The manner in which one shows one's dispositions,opinions,and feelings Behavior-External appearance or action;manner of behaving; carriage of oneself Civility-Politeness,consideration,courtesy Conduct-The way one acts;personal behavior Courtesy-Politeness connected with kindness Decorum-Suitable;proper; good taste in behavior Manners-A way of acting;a style,method,or form;the way in which thing are done Point of order-An interruption of a meeting to question whether rules or bylaws are being broken, such as the speaker has strayed from the motion currently under consideration Point of personal privilege-A challenge to a speaker to defend or apologize for comments that a fellow Council member considers offensive Propriety-Conforming to acceptable standards of behavior Protocol -The courtesies that are established as proper and correct Council Policy—Council Conduct 1.1.1 16 January 31, 2008 Respect-The act of noticing with attention;holding in esteem;courteous regard Possible things to add: 1. Add a legislative subcommittee that will review and determine how to handle support for proposed state legislation. See possible Ianguage l,, Legislative action by the State and Federal legislative bodies can often result in situations where the need to send correspondence regarding a proposed bill arises with less than adequate time to place an item on the agenda for Council formal action The City Manager is authorized to prepare correspondence on legislative matters as long as the position being taken is consistent with the position taken by the League of California Cities and/or the CCAG(City and County Association of Governments). In those cases were no position has been taken by either of those bodies then correspondence shall be approved by the Mayor or Deputy Mayor in the Mayor's absence prior to being sent. In all cases the full Council should receive copies of the correspondence sent out and shown under acknowledgements at the next meeting Should a council member have questions or concerns with the position being taken they should raise it for discussion under the acknowledgements at the meeting 2. Add some language about appropriate professional attire should be worn to council meetings. Council Policy—Council Conduct 1.1.1 17 January 31, 2008 CITY 0 � A BURLJNGAME Y-N64AI. W�.. BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of January 22, 2008 STUDY SESSION a. COUNCIL POLICIES AND PROCEDURES Council continued their review of the Council Policies and Procedures draft. �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 Rosalie M. O'Mahony called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Police Sergeant Dean Williams. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Deal, Keighran, Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Two corrections were made to the minutes of the January 7, 2008 regular Council meeting: Item 6.c., second paragraph: change Mayor Baylock to Mayor O'Mahony. . .; and Item 8.a., change the third paragraph to read: Council concurred that the plaza design will be part of the Downtown Specific Area Plan; fundraising for the Centennial plaza will be discontinued; and for staff to determine if the USGS monument could be repaired and at what cost for possible consideration as a Centennial monument. Councilwoman Baylock made a motion to approve the amended minutes of the January 7, 2008 regular Council meeting; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. 5. PUBLIC COMMENTS Pat Gray, 1616 Adeline Drive, spoke against repeal of overnight parking ordinance. John Root, 728 Crossway Road, spoke on new Broadway ramp pedestrian issues. Pat Giorni, 1445 Balboa Avenue, spoke on several items. There were no further comments from the floor. 6. STAFF REPORTS AND COMMUNICATIONS 1 Burlingame City Council January 22, 2008 Unapproved Minutes a. ADOPT RESOLUTION NO. 9-2008 COMMENDING CONGRESSMAN TOM LANTOS FOR TWENTY-EIGHT YEARS OF EXCEPTIONAL SERVICE TO THE BURLINGAME COMMUNITY CA Anderson reviewed the staff report and requested Council adopt a resolution recognizing Congressman Lantos' service to the Burlingame Community. Councilman Deal made a motion to approve Resolution No. 9-2008 commending Congressman Tom Lantos for 28 years of exceptional service to the Burlingame Community; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. b. INTRODUCTION OF ORDINANCE AND RESOLUTION OF INTENTION TO AMEND THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY OF BURLINGAME TO PROVIDE SECTION 21354.4 2.5% AT AGE 55 RETIREMENT FORMULA FOR MISCELLANEOUS EMPLOYEES HRD Dolan reviewed the staff report and requested Council approve the Resolution of Intention approving an amendment to the Ca1PERS contract and to introduce an ordinance to amend the City of Burlingame's contract with Ca1PERS. Councilwoman Nagel made a motion to approve Resolution No. 10-2008, Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City of Burlingame; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Mortensen read the title of the proposed ordinance amending the contract between the City of Burlingame and the California Public Employees' Retirement System(CalPERS) to provide Government Code Section 21354.4 (2.5% at 55 full formula)benefits to miscellaneous members. Vice Mayor Keighran made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. C. INTRODUCTION OF AN ORDINANCE REPEALING OVERNIGHT PERMIT PARKING FROM 2:00 A.M. TO 6:00 A.M. Traffic Sergeant Williams reviewed the staff report and requested Council introduce an ordinance to repeal Section 13.32.080 of the Municipal Code regarding Overnight Parking Permits. After Council discussion, Council requested the addition of a sunset clause to suspend the ordinance repealing overnight permit parking. Mayor O'Mahony requested CC Mortensen read the title of the proposed ordinance repealing Section 13.32.080 of the Municipal Code regarding overnight parking permits with the understanding that a 5-year Sunset Clause is to be added to suspend the repeal. Councilwoman Nagel made a motion to waive further 2 Burlingame City Council January 22, 2008 Unapproved Minutes reading of the proposed ordinance; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance with the addition of a 5-year Sunset Clause to suspend the ordinance repealing overnight permit parking; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor O'Mahony requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. 7. CONSENT CALENDAR Vice Mayor Keighran requested removal of Item c. from the Consent Calendar for further discussion. Councilman Deal recused himself from voting on Item d. since he did not participate in the hearing. a. RESOLUTION NO. 8-2008 AFFIRMING THAT FOR PURPOSES OF PROGRAMS AND ENFORCEMENT OF STATE AND LOCAL LAWS, THE COUNTY OF SAN MATEO DIRECTOR OF HEALTH SERVICES IS THE CITY HEALTH OFFICER AND CONSENT TO SAN MATEO COUNTY HEALTH OFFICER ENFORCEMENT CA Anderson requested Council approve Resolution No. 8-2008 reaffirming that the County of San Mateo Director of Health Services is the City Health Officer for purposes of enforcement of state and local laws and consenting to County of San Mateo Health Officer enforcement in the city of health officer orders promulgated pursuant to statute, Municipal Code and regulation. b. RESOLUTION NO. 7-2008 APPROVING AGREEMENT AMENDMENT NO. 1 WITH CYBERNET CONSULTING FOR THE TROUSDALE PUMP STATION PROJECT, CITY PROJECT NO. 80910 DPW Murtuza requested Council approve Resolution No. 7-2008 authorizing execution of Agreement Amendment No. 1 for professional services with Cybemet Consulting, Inc. for the Trousdale Pump Station, City Project No. 80910. d. AFFIRM DENIAL OF TAXICAB DRIVER PERMIT PURSUANT TO HEARING HELD ON DECEMBER 3 AND 17, 2007 (GOVERNMENT CODE 454956.7) CA Anderson requested Council affirm denial of appeal of Taxicab Driver Permit pursuant to the City Council's closed hearing on December 3 and 17, 2007. e. WARRANTS & PAYROLL FinDir Nava requested approval for payment of Warrants#29727-30292 duly audited, in the amount of $3,468,672.04 (excluding Library checks#29865-29909); Payroll checks #170404-170633 in the amount of $2,628,128.37 for the month of December 2007. Vice Mayor Keighran made a motion to approve Items a.,b. and e. of the Consent Calendar; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to approve Item d. of the Consent Calendar; seconded by Councilwoman Nagel. The motion was approved by voice vote, 4-0-1 (Deal recused). 3 Burlingame City Council January 22, 2008 Unapproved Minutes C. APPOINTMENT OF MEMBERS OF ADVISORY BOARD FOR THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT (BID) CA Anderson requested Council appoint seven Advisory Board members for the years 2008-2010 for the San Mateo County Tourism BID and affirm appointment of Advisory Board members for other terms. At Vice Mayor Keighran's request, CA Anderson explained that for the 2008-10 Advisory Board term, one appointment for Burlingame hotels will be submitted at a later date because the incumbent Board member had relocated recently. Vice Mayor Keighran made a motion to approve appointment of the Advisory Board members for the San Mateo County Tourism BID; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. 8. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 9. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on several issues. There were no further comments from the floor. 10. OLD BUSINESS Mayor O'Mahony commended Public Works Inspector Bill Lowrie for responding quickly to a resident's call for help and going beyond the call of duty by helping the resident protect his property from rain- loosened mud coming from his neighbor's property. a. COUNCIL PROJECTS STATUS REPORT CM Nantell reviewed the memorandum and asked Council for feedback on the report's effectiveness. Overall, Council found the report to be useful and suggested that the information in the report be more abbreviated. STREET SWEEPING: Councilman Deal commented on the possibility of changing the street sweeping schedule when fewer cars are parked on the street. CM Nantell stated that the street sweeping is required by the Non-Point Discharge (NPDES) laws and changing the schedule would result in added operating costs. He stated that the city would be willing to provide portable street sweeping signs to volunteers who would agree to post them so that their neighbors would be reminded of their street sweeping day. 11. NEW BUSINESS Councilwoman Nagel suggested adding welcome signs at the city's entryways with an indication that this is our Centennial year. P&RD Schwartz stated that the existing Centennial banners will become surplus in October and would be available for other uses. Staff will return to Council with low-cost signage suggestions. 12. ACKNOWLEDGMENTS 4 Burlingame City Council January 22,2008 Unapproved Minutes a. Department Reports: Building, December 2007; Police, December 2007; Finance, December 2007 b. Letter from Comcast concerning program adjustments 13. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 8:24 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 5 Burlingame City Council January 22,2008 Unapproved Minutes CITY OF BURLINGAME STUDY SESSION ON GOAL SETTING Burlingame Recreation Center January 26, 2008 1. CALL TO ORDER AND ROLL CALL Mayor O'Mahony called the Study Session to order at 9:05 a.m. in the Conference Room, at the Burlingame Recreation Center. Councilmembers Baylock, Deal, Keighran, Nagel and O'Mahony were present. 2. STUDY SESSION a. Review the draft departmental goals Council reviewed all departmental goals for 2008-09, and staff responded to their questions. All entries for Centennial goals will be deleted since Centennial business is expected to be completed before the new fiscal year begins. b. Review new goals that were suggested by the City Council Members and City Staff and clarify those that emerged as priority goals based on the Council Members' first cut of their top six goals for next fiscal year Council reviewed their goal options adding and combining items to the original list. 3 PUBLIC COMMENTS The following citizens spoke: Bobbi Benson, 550 El Camino Real; Betsy McGinn, 1112 Palm Drive; Cecile Coar, 1224 Drake Avenue; Kris Cannon; Katie O'Brien, 2204 Poppy Drive; Fiona Hamilton, 105 Crescent Avenue; Charles Voltz, 725 Vernon Way; Deborah Griffith, 2145 Roosevelt; Susan Castner-Paine, 728 Concord; Stephen Hamilton, 105 Crescent Avenue; and Pat Giorni, 1445 Balboa Avenue. Mayor O'Mahony declared a brief intermission at 11:27 a.m.; then reconvened the meeting at 11:45 a.m. 4. FINALIZE COUNCIL GOALS FOR 2008-09 FISCAL YEAR As a result of public comments, six new items were added to the list of Council Goals. Council then voted for the top six goals. The following received the majority of votes: • Look at options for better use of parking lots • Consider public education forums on community development • Create below-market housing options for citizens who are not well served by current available housing stock, such as seniors, first home buyers, safety personnel and teachers • Economic development • Establish Art Commission • Develop a 10-year strategy funding plan to guide funding of priority needs CITY OF B URLINGAME MINUTES COUNCIL STUDY SESSION GOALS 2008-09 January 26,2008 The Safeway project also received a majority of votes and currently is an ongoing goal. CM Nantell recommended that green-related goals become part of a work program next year for the Green Ribbon Committee. Mayor O'Mahony requested staff to add the newly suggested goals to the list of goals carried over from previous years for Council review at a future Council meeting. 5. ADJOURNMENT Mayor O'Mahony adjourned the meeting at 12:07 p.m. 2 Jti o BURLINGAME UZ e4y 14 • 501 PRIMROSE ROAD,BURLINGAME,CA 94010-3997 ` www.burlin-ame.org ParwJ�.uial gar/elirnkee ROSALIE O'MAHONY,MAYOR TEL: (650)558-7200 ANN KEIGHRAN,VICE MAYOR FAx: (650)342-8386 CATHY BAYLOCK,COUNCILMEMBER EMAIL: counCll(fturfingame.or4 TERRY NAGEL,COUNCILMEMBER JERRY DEAL,COUNCILMEMBER January 22,2008 Congressman Tom Lantos U.S. House of Representatives 2413 Rayburn House Office Building Washington,DC 20515 Dear Congressman Lantos: It is with great pleasure that we present you with the enclosed resolution of the City of Burlingame honoring you for 28 years of exceptional service you have given to the Burlingame Community. The citizens of Burlingame prosper in so many ways with leaders like you representing them. Congratulations for all your accomplishments during your illustrious career. On behalf of the citizens of Burlingame,we thank you. Sincerely, Rosalie M. O'Mahony Ann Keighran Mayor Vice Mayor ll N� - Cathy Baylock Terry Nagel Jerry Deal Council Member Council Member Council Member ❖Register online with the City of Burlingame to receive regular City updates at www.Burlingame.orq❖ BURLINGAME RESOLUTION Nr. 9-2008 OF THE CITY COUNCIL OF THE CITY OF BURLINGAME COMMENDING CONGRESSMAN TOM LANTOS FOR TWENTY-EIGHT YEARS OF EXCEPTIONAL SERVICE TO THE BURLINGAME COMMUNITY RESOLVED by the CITY COUNCIL of the CITY OF BURLINGAME that WHEREAS, Congressman Tom Lantos has served the San Francisco Bay Area, and in particular the Burlingame community, with unflagging devotion and commitment in the United States House of Representatives for twenty-eight years; and WHEREAS, Congressman Lantos has always represented his constituents with caring strength and skill; and WHEREAS, Congressman Lantos has consistently fought for human dignity and the well-being of our fellow citizens; and WHEREAS, Congressman Lantos has a remarkable record of obtaining the Federal funds necessary to undertake the community improvements in San Mateo County that keep our communities so very livable, including: —Almost $16 million for Caltrain safety and beautification improvements to the Burlingame Avenue train station that will make possible its completion for the City's centennial on June 6, 2008; — $2.55 million to construct the Bayshore Freeway auxiliary lane project from Third Avenue to Millbrae Avenue to improve interchange safety, add capacity, and shield neighborhoods with effective soundwalls; — $1.5 million to improve the air traffic control system at San Francisco International Airport; —$1 million to improve the San Mateo County Sheriffs jail management system; and WHEREAS, Congressman Lantos continues to seek funding for the Broadway overpass on the Bayshore Freeway; and WHEREAS, the City looks forward to working with Congressman Lantos in his career after the House, NOW, THEREFORE, the City Council of the City of Burlingame does hereby resolve, determine, and find as follows: The City Council on behalf of the City of Burlingame formally thanks Congressman Tom Lantos for his exceptional service to the City of Burlingame, San Mateo County, and the San Francisco Bay Area, and wishes him the very best of a healthy recovery and in all of his future endeavors. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council on the 22nd day of January, 2008. and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN,NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CITY CLERK d�" CITY o^ STAFF REPORT BIJRLANGAME AGENDA ITEM # 6a Y,4111* MTG. ..JUN[b o DATE February 4, 2008 TO: Honorable Mayor and City Council SUBMITTED BY Jack Van Etten, Chief of Police DATE: January 23, 2008 ' APPROVED FROM: Sgt. Dean Williams, Director of Traffic ® BY Jim Nantell, City Manager SUBJECT: Public hearing repealing the existing Overnight Permit Parking Ordinance (Municipal Code Section 13.32.080) .RECOMMENDATION: Staff recommends that the City Council hold a public hearing and take action to repeal the existing Overnight Permit Parking Ordinance, Municipal Code section 13.32.080. DISCUSSION: Staff determined that the Overnight Parking Permit Ordinance (13.32.080) is outdated and ineffective. The ordinance reads as follows (in part): Permit required. It is unlawful for the owner or driver of any vehicle to park such vehicle upon any street or alley in the city between the hours of 2:00 a.m.-6:00 a.m. without a permit therefore. Less than 100 citizens annually obtain the required permit. The enforcement of the ordinance is done on a complaint only basis. Most of the complaints are driven by residents wanting to restrict others from parking in front of their homes and/or in their neighborhoods. Those individuals who are issued citations in violation of this ordinance need only respond to the police department to obtain a permit. In most cases, the permit is granted and the citation is dismissed. This enables the individual to now legally park in the area where the original complaint was initiated; the very behavior the original complainant wanted to prevent. Menlo Park is the only city that has a similar ordinance that is actively enforced with (2) part-time parking enforcement officers at an annual cost of$75,000. Staff met and discussed this matter. Staff was represented by the City Manager, City Attorney, Chief of Police, police representatives, Traffic Engineer and the chair of the Traffic Parking and Safety Commission. At the conclusion of the discussion, staff agreed that repealing the ordinance would be appropriate. This matter was introduced and discussed at a previous Traffic Safety and Parking commission meeting. The commission members concurred with staff's recommendation to repeal the existing ordinance. On January 22, 2008, the repeal of the overnight parking permit ordinance was discussed and introduced at a regularly scheduled City Council meeting. Council approved the introduction with the addition that the repeal of this ordinance will include a sunset clause and automatically once again become effective on Match 1, 2013, unless earlier amended or extended, and if no further action on this ordinance is taken by such date. BUDGET IMPACT: The budget impact of this recommendation would be a loss of less than $1,000.00 in revenue annually. This figure was derived from historical data indicating the total of permits issued annually as well as fines that have been collected as a result of violating this ordinance. ATTACHMENTS: Current Municipal Code 13.32.080 Proposed Ordinance Repeal of Section 13.32.080 with sunset clause 13.32.080 Overnight parking. Page 1 of 1 Burlingame Municipal Code Up Previous Next Main Search Print No Frames Title 13 VEHICLES AND TRAFFIC Chapter 13.32 STOPPING, STANDING AND PARKING 13.32.080 Overnight parking. (a) Permit Required. It is unlawful for the owner or driver of any vehicle to park such vehicle upon any street or alley in the city between the hours of 2:00 a.m. and 6:00 a.m. without a permit therefor. (b) Issuance of Permit. In cases of hardship where the owners- of vehicles cannot obtain suitable storage or parking facilities, permits for parking between 2:00 a.m. and 6:00 a.m. may be issued by the chief of police. The application for a permit shall be signed by the applicant, shall state the make, model and license number of the vehicle and shall contain a statement of the necessity and reasons for the permit. If, upon investigation, it is found that the necessity exists therefor and that the applicant has no reasonable means for night storage of the vehicle during the above-stated hours, the chief of police shall issue the permit for an annual or semiannual period, as the applicant may request, based upon a calendar year. The fee for such permit shall be ten dollars ($10.00) payable annually in advance to the chief of police. The permit shall not be transferable and shall be displayed on the left side window to the rear of the driver of the vehicle for which it is issued at all times during which the vehicle is parked upon the street between the hours of 2:00 a.m. and 6:00 a.m. The chief of police shall revoke the permit when the necessity under which it was issued and the reasons therefor cease to exist, or may renew such permit if the hardship still exists. (c) Exemptions. The provisions of this section shall not apply to a commercial vehicle of any regularly licensed business in a commercial or industrial zone or to public utility vehicles while on service or emergency calls, or to vehicles of any regularly licensed physician when actually engaged in making professional calls. (Ord. 1136 § 6 (part), (1978); Ord. 1154 § 4, (1979); Ord. 1783 § 25 (2006)) http://gcode.us/codes/burlingame/view.php?topic=l3- 13_32- 13_32_080&frames=on 1 /15/2008 I ORDINANCE No. 2 ORDINANCE OF THE CITY OF BURLINGAME REPEALING SECTION 13.32.080 OF THE MUNICIPAL CODE REGARDING 3 OVERNIGHT PARKING PERMITS 4 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 5 6 Section 1. Since at least 1941, the City had prohibited overnight parking on City streets. 7 In 1962,the City adopted Section 13.32.080,which provided for parking permits to allow persons 8 to park overnight. The City also exempted commercial vehicles in certain districts in the City from 9 the prohibition. Experience has shown that the permit system has become ineffective,and the City 10 should focus overnight parking limitations and enforcement more effectively. 11 12 Section 2. Section 13.32.080 is repealed. 13 14 Section 3. This ordinance shall be effective only until March 1, 2013, unless earlier 15 amended or extended, and if no further action on this ordinance is taken by such date, Section 16 13.32.080 shall automatically once again become effective as it existed on February 4, 2008, as 17 follows: 18 13.32.080 Overnight parking. 19 (a) Permit Required. It is unlawful for the owner or driver of any vehicle to park such 20 vehicle upon any street or alley in the city between the hours of 2:00 a.m. and 6:00 a.m. 21 without a permit therefor. 22 (b) Issuance of Permit. In cases of hardship where the owners of vehicles cannot obtain 23 suitable storage or parking facilities,permits for parking between 2:00 a.m. and 6:00 a.m. 24 may be issued by the chief of police. The application for a permit shall be signed by the 25 applicant, shall state the make,model and license number of the vehicle and shall contain 26 a statement of the necessity and reasons for the permit. If, upon investigation, it is found 27 that the necessity exists therefor and that the applicant has no reasonable means for night 28 storage of the vehicle during the above-stated hours, the chief of police shall issue the 1 permit for an annual or semiannual period, as the applicant may request, based upon a 2 calendar year. The fee for such permit shall be ten dollars ($10.00) payable annually in 3 advance to the chief of police. 4 The permit shall not be transferable and shall be displayed on the left side window to 5 the rear of the driver of the vehicle for which it is issued at all times during which the 6 vehicle is parked upon the street between the hours of 2:00 a.m. and 6:00 a.m. The chief 7 of police shall revoke the permit when the necessity under which it was issued and the 8 reasons therefor cease to exist, or may renew such permit if the hardship still exists. 9 (c) Exemptions. The provisions of this section shall not apply to a commercial vehicle 10 of any regularly licensed business in a commercial or industrial zone or to public utility 11 vehicles while on service or emergency calls, or to vehicles of any regularly licensed 12 physician when actually engaged in making professional calls. 13 14 Section 4. 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 that the 19 foregoing ordinance was introduced at a regular meeting of the City Council held on the 22"d day 20 of January, 2008, and adopted thereafter at a regular meeting of the City Council held on the_ 21 _day of , 2008, by the following vote: 22 AYES: COUNCILMEMBERS: 23 NOES: COUNCILMEMBERS: 24 ABSENT: COUNCILMEMBERS: 25 26 City Clerk 27 U:\FILES\ORDINANC\parkpermitrepeal.pwd.wpd 28 2 CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# ��— "�oQ Spm MTG. oFATED 4UHE6 DATE February 4.2008 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE BY DATE: February 4,2008 APPRO ED FROM: Jesus Nava, Finance Director/Treasurer BY SUBJECT: Approval of a Three Year Agreement with Municipa auditing Services (MAS) To Conduct a Business License Tax Audit and Enforcement Program; Approval of a 90-day Business License Tax Amnesty Period Commencing March 1, 2008; and, Adoption of a Resolution of the City Council of the City of Burlingame Designating Municipal Auditing Services As An Authorized City Representative To Examine Sales and Use Records Recommendation: That the City Council: 1. Approve A Three Year Agreement With Municipal Auditing Services (MAS) To Conduct A Business License Tax Audit And Enforcement Program; 2. Approve A 90-day Tax Amnesty Period to Commence March 1, 2008 and End May 31, 2008; and, 3. Adopt a Resolution Of The City Council Of The City Of Burlingame Designating Municipal Auditing Services As An Authorized City Representative To Examine Sales And Use Records Background: The city has contemplated a business license tax audit and enforcement program for two years. The goals of the program are: o Gain greater compliance with Business License Tax Ordinance o Ensure the fair and equitable collection of business license tax o Educate business community of license requirements and tax o Gather complete information about persons and companies conducting business in Burlingame o Increase revenue for the General fund Active Business Licenses The city has 4,827 active business licenses in FY07-08. The business license tax year is July 1 through June 30. All business licenses expire on June 30. Based on the application data, 3,127 businesses are located within the city limits and 1,700 are outside the city limits. Appeals Process Businesses that believe that they are exempt from the ordinance and wish to protest the payment of the business tax will be required to complete the business license tax application; pay the amounts due; and 1 submit their protest in writing outlining the reasons while they believe they are exempt from the tax. The City Finance Director (as License Collector) will review all documents and make a determination on the applicability of the tax. If the taxpayer is still aggrieved, they are protected by the Ordinance Appeal's process under Section 6.04.210. It should be noted that the City Manager's decision is the "final administrative determination." There is no appeal to the City Council. If the taxpayer remains aggrieved, they have recourse via the Courts. Penalties Structure Municipal Ordinance Section 6.04.070 controls the penalty structure, and contains the following highlights: • 6.04.070 (b): 25% late penalty after August 1 • 6.04.070 (1 & 2): 5%penalty every 15 days • 6.04.070 (3): 25% fraud penalty(reserved for City Attorney use) • 6.04.070 (4): 1% interest per month • 6.04.070 (d): Cost Recovery Outreach Efforts to Business Community City staff engaged in the following outreach efforts to inform and communicate the public about the proposed audit program: - Held Business Focus Group meeting on Thursday, November 29th - Met with SAMCAR Governmental Relations staff on Monday, December 10th - Held City Council Study Session on December 17th - Developed Business License Audit FAQ sheet (posted on website) - Met with San Mateo Board of Realtors on January 28th - Met with Chamber of Commerce Leadership on January 291h Discussion: 90-Day Amnesty Period A 90-day amnesty period is proposed to give businesses that have no knowledge of the city's business license tax ordinance an opportunity to come into compliance with the requirements of the ordinance without suffering fines, penalties or interest charges. The amnesty period provides an incentive for businesses to pay within the first 30 days by limiting their tax liability to no more than the $100 tax and $35 application fee for the current year. Once the 30 days are over, businesses that have been operating for more than a year without a license will be required to pay the current year tax in addition to prior year amounts due up to a maximum of four years as outlined in the City of Burlingame Business License Tax Amnesty Program notice (Attachment II.) In addition, the City will mail a letter to all businesses that are currently licensed informing them of the business license tax audit and the 90-day amnesty period. A draft of the letter is attached for your review (Attachment III). The letter will be mailed once the Council approves the audit program and the proposed amnesty program. 2 Back Office Operations MAS will act as a representative of the city in all dealing with taxpayers. MAS will mail all letters,handle all mail,provide a bilingual call center, and a toll free phone number. MAS will quality control all taxpayer submitted paperwork and payments for accuracy. MAS will process taxpayer's accounts into small batches of 10-20 items for transmittal to the City. If the City approves all the items within the batch,the MAS enclosed invoice is sent to AP for payment. MAS will provide all additional consulting services as required by the City in support of this program. Timeline Estimates Timeline serves to estimate timeframes for accomplishing major tasks and may be modified and adjusted. • December 2007 o Timeline refinement o Contract refinement o Program refinement o Amnesty program refinement o Meet and solicit feedback from Business Focus Group o Preliminary work on data set request (Business Tax)(City Vendor Data) • January 2008 o Refined Employment Status of Real Estate Professionals o Held City Council Study Session o Refined Amnesty Program(Increased to 90-days) o Surveyed California Finance Directors On Business License Tax Enforcement o Met with San Mateo Board of Realtors Leadership o Met with Burlingame Chamber of Commerce Leadership • February 2008 o MAS contract approval o Audit program approval o Resolution passed o 90-day amnesty program approval o Receipt of data sets o Data set analysis and integration o Business tax and City vendor data sets delivered o Sales tax data ordered o Amnesty program introduced and promoted to community ■ City purchases newspaper advertising • Amnesty program post on city website ■ City sends letter informing current license holders of audit • March 2008 o Amnesty program starts o Contact letters reviewed and finalized o Authorization letters prepare, reviewed and finalized o Data revisited(if needed) o Program points finalized 3 • March 2008 (continued) o Sales tax data delivered o Sales tax data analyzed and integrated • April 2008 o Continuation of 90-day Amnesty period o Additional data analysis (as needed) • May 2008 o Amnesty program ends (May 31, 2008) o MAS mails first letters Fiscal Impact: The cost for collecting taxes, fines and penalties will be recovered from the delinquent taxpayer as outlined in the Business License Tax Ordinance therefore there will be no outlays for collection services. The amount of potential revenue to be recovered from the audit and enforcement program is currently unknown. The city collects approximately$480,000 per year from individual business license taxes. Attachments: Resolution Of The City Council Of The City Of Burlingame Designating Municipal Auditing Services As An Authorized City Representative To Examine Sales And Use Records Attachment I. City of Burlingame—Municipal Auditing Services Consultant Agreement(Draft) Attachment II. City of Burlingame Business License Tax Amnesty Program Attachment III. Initial Letter to Current Business License Holders Informing Them of Audit Attachment IV. City of Burlingame Active Business Licenses Attachment V. Business License Tax Audit Presentation, Dated December 17, 2006 (PowerPoint) Attachment VI. City of Burlingame Municipal Code, Chapter 6.04, General License Provisions and Chapter 6.08 License Tax 4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DESIGNATING MUNICIPAL AUDITING SERVICES AS AN AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE RECORDS RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS,the City Council has adopted a business license tax on persons doing business in the City of Burlingame; and WHEREAS,pursuant to California law,the City of Burlingame has adopted a sales and use tax ordinance that imposes a tax and provides that it can be administered and collected by the State Board of Equalization using the same and existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting California State Sales and Use Taxes; and WHEREAS,pursuant to Revenue&Taxation Code§ 7056(b),the City of Burlingame may designate by resolution any officer,employee,or any other person to examine all of the sales and use tax records of the Board pertaining to sales and use taxes collected for the City; and WHEREAS,the City of Burlingame has entered into a non-exclusive agreement for revenue audits and information services with the firm of MUNICIPAL AUDITING SERVICES L.L.C. as an authorized consultant to examine such sales tax allocation records maintained by the Board on behalf of the city of Burlingame; and WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred, NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. The City Council of the City of Burlingame hereby certifies to the State Board of Equalization that MUNICIPAL AUDITING SERVICES L.L.C.is a designated representative of the City of Burlingame for purposes of examining all of the sales and use tax records collected by the Board on behalf of the City of Burlingame in order to audit and review the business license tax returns and compliance for the City of Burlingame. 2. Pursuant to California Revenue&Taxation Code § 7056(b),the Council hereby certifies that MUNICIPAL AUDITING SERVICES L.L.C. (hereinafter "Consultant") meets all of the following conditions: (a)Consultant has an existing contract with the City to examine sales and use tax records of sales and use taxes collected for the City; and 1 (b) Consultant is required by that contract to only disclose information contained in, or derived from,those sales and use tax records to an officer or employee of the City who is authorized by resolution to examine the information; and (c)Consultant is prohibited by the contract with the City from performing consulting service for a retailer during the term of the contract; and (d) Consultant is prohibited by the contract from retaining the information contained in, or derived from, those sales and use tax allocation records after the contract has expired. Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of , 2008, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: City Clerk 2 ATTACHMENT I. CITY OF BURLINGAME MUNICIPAL AUDITING SERVICES CONSULTANT AGREEMENT APPROVAL DATE: THIS AGREEMENT is entered into in the State of California by and between the City of Burlingame, hereinafter called "City" and Municipal Auditing Services, hereinafter called "Consultant". It is hereby agreed as follows: WITNESSETH WHEREAS, the City desires to contract for auditing/ accounting services, hereinafter referred to as "Services or Work Product"; and, WHEREAS, CONSULTANT has the professional ability, means and technical skills to accomplish the services and provide the work product required by this agreement; and, WHEREAS, CONSULTANT desired to provide the services to accomplish the terms of this agreement; and, WHEREAS, THE CITY AND CONSULTANT desire to set forth in writing the obligations and responsibilities of each party relating to providing the services. NOW, THEREFORE, in consideration of the promises and mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, and for other good and valuable consideration on the receipt and sufficiency of which is hereby acknowledged, it is mutually understood and agreed as follows: 1. Retention of Consultant: City hereby retains Consultant in accordance with the terms of this Agreement to do and perform field auditing, accounting, support and consulting services as may be required by the City. 2. Personnel: All of the services will be performed by Consultant or under its supervision, and all personal engaged in the work shall be fully qualified, and shall be authorized and permitted under State and local laws to perform such services, and shall be acceptable to City. 3. Performance Specification and Products: Consultant shall perform the tasks and deliver the products and services as may be required by City, and Consultant shall also provide such additional accounting and financial services as are from time to time requested by the City. 4. Compensation and Payment: Consultant agrees to provide the work product and services at a rate of 50% of discovery/deficiency/collection identification (tax,penalty, interest, and costs (if allowed by law) for all applicable years. In no event will Consultant be entitled to "forward"year billing of accounts. In the event that the City waives or forgives tax or penalties,the Consultant is entitled to compensation based upon the original amount. 5. Method of Pn ent: Consultant shall invoice City either monthly or semi-monthly. Payment shall be for the work described on the invoice and satisfactorily completed. Invoices shall include case identification and amount of correction and Consultant payment amount. City shall pay invoices within thirty(30) days from the date of invoice. 6. City Management: Jesus Nava, Finance Director/Treasurer, or her designee or successor, shall represent the City in all matter pertaining to the administration of this Agreement, including without limitation, Coordination of all necessary meetings, conferences, determination of the amount and level of work to be performed, and review and approval of all work product submitted by the Consultant. 7. No benefit to arise to local employs: No member, officer, or employee of the City, or its designees or agents, and no public official who exercises authority over responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this agreement. 8. The Consultant as an independent contractor: Consultant is, and at all times, hereafter shall be, an independent contractor of City during the term of this agreement. Consultant specifically recognizes and acknowledges its status as an independent contractor and not as an employee of the City. Consultant's personnel shall be employees of Consultant and not employees of the City. Consultant shall pay all salaries and wages, Workers Compensation insurance, employer's social security taxes when applicable, and unemployment insurance and similar taxes relating to employees and shall be responsible for all withholding taxes. Consultant shall comply with all Federal and State regulations relating to the employer/employee relationship including but not limited to minimum wage, non-discrimination, equal opportunity, Workers Compensation, hazardous/unsanitary or dangerous surroundings, the Fair Labor Standards Act, 29 U.S.C. 201 et seq. And the Immigration Reform and Control Act of 1986 8 U.S.C. 245(a). 9. Ownership of Materials and Documents: All work product and material prepared by Consultant for City shall be the property of City once payment has been made, and Consultant shall deliver such materials to City according to the terms of this agreement. However, Consultant shall have the right to make duplicate copies of such materials and documents for its files or other purposes as may be authorized by the City. Consultant shall be held free and clear of any liability resulting from City's use of materials and documents for work unrelated to this agreement. 10. Release of Information/ Conflict of Interest: All information gained by Consultant in performance of this agreement shall be considered confidential and shall not be released by the Consultant without the City's prior written authorization excepting that information which is public record and subject to disclosure pursuant to the California Public Records Act, Government Code Section 6250 et seq. Consultant, its officers, employees, agents, or sub contractors, shall not voluntarily provide declarations, letter of support, testimony at dispositions, response to interrogatories, or other information concerning the work performed under this agreement, or cooperate in any way with a party who may be adverse to the City or whom Consultant reasonably should know may be adverse to the City in any subsequent litigation. Response to a court order shall not be considered "voluntary"provided Consultant gives City notice of such court order. Consultant shall incur no liability under this agreement for materials submitted by it,which are later released by City, its officers, employees, or agents. Consultant shall also incur no liability for statements made by it at any public meeting conducted by City, or for any document released by it for which prior written City authorization was obtained. If Consultant or any of its officers, employees, consultants, or sub contractors does voluntarily provide information in violation of this agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including Attorney's fees. Consultant will promptly notify City should Consultant, its officers, employees, agents or sub contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,request for admissions, or other discovery request or court order from any party regarding this agreement and the work performed thereunder. City retains the right, but not the obligation, to represent Consultant and/or to be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. City warrants that Consultant will have fully met the requirements of this provision by obtaining City's written approval prior to providing documents, testimony, or declarations; consulting with City before responding to subpoena or court order; in the case of depositions upon providing notice to City of same; or providing City the opportunity to review discovery response prior to submission. For purposes of this section, a written authorization from City shall include a "faxed" letter. Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this agreement, no person having such interest shall be employed by them as an officer, employee, agent, or sub contractor. Consultant further covenants that Consultant has not contracted with nor is performing any services directly or indirectly with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subcontractors shall provide no service or enter into any agreement or agreements with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this agreement. 11. Indemnification: Consultant agrees to indemnify,protect, and hold harmless the City and its officers, employees, and volunteers, against any and all claims or actions arising from Consultant's acts, errors, or omissions in performing services pursuant to this agreement and for any costs or expenses incurred by City on account of any claim therefore, including Attorney's fees. 12. Insurance: Consultant shall secure and maintain throughout the term of this agreement the following types of insurance issued by companies which are admitted and authorized to do business in California as insurance carriers,with limits as shown: Workers Compensation: A program of Workers' Compensation insurance or state approved Self-Insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability covering all persons providing services on behalf of the Consultant and all risks to such persons under this agreement. Comprehensive General and Automobile Liability Insurance: This coverage shall include contractual coverage and automobile liability coverage for owned hired and non-owned vehicles. The policy shall have per occurrence limits for bodily injury and property damage of not less than one million(1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work or services performed under this agreement or the general aggregate limit shall be twice the required occurrence limit. Said insurance coverage shall be at least a broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and Insurance Services Office Form Number CA 0001 (Ed. 1/87) covering Automobile Liability Code 1 (any auto). 13. Policies PrimM and Non-contributory, All insurance policies required above are to be primary and non-contributory with any insurance of self-insurance programs carried or administered by City. 14. Notification: All notices and written communications sent to City under the agreement shall be sent to the following address, unless authorized to be sent elsewhere by City: Mr. Jesus Nava Finance Director/Treasurer 501 Primrose Rd Burlingame CA 94010-3997 650-558-7222 All such being sent to Consultant shall be sent to: Mr. Kevin L. Weigant Municipal Auditing Services P.O. Box 3465 Pinedale CA 93650-3465 559-291-5990 15. Effective Date: This agreement shall become effective on the date of signature. The contract period shall start upon the Consultants first generated letters. In the event that the Consultants operations are interrupted (for any reason), the period of interruption shall be added to the end of the contract period. 16. Entire Agreement: This agreement is the complete, final, entire agreement, and exclusive expression of the agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing,between the parties with respect to the subject matter herein. Each party to this agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this agreement shall be valid and binding. 17. Assignment or Substitution: City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this agreement. In recognition of that interest, neither any complete or partial assignment of this agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null and void. 18. Modification of Agreement: The terms are subject to modification by mutual agreement between City and Consultant which such changes shall be incorporated by written amendments to this agreement. The parties agree that the requirements for prior written changes, amendments, or modifications to this agreement may not be waived and any attempted waiver shall be void. 19. Savings Clause: If any provision of this agreement is found to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 20. Term of Agreement: Termination: The terms of this agreement shall be three (3) years with two (2) two year automatic extensions. The contract may be terminated by either party on 30 days written notice to the other. In the event of an early termination, the Consultant is entitled to compensation based upon all work in process. 21. Authority to Execute: The person or persons executing this agreement on behalf of Consultant warrants and represents that he has the authority to execute this agreement on behalf of his business entity and warrants and represents that he has the authority to bind Consultant to the performance of its obligations hereunder. This Agreement is executed by the parties in Burlingame, California. City of Burlingame: Jesus Nava Date Finance Director/Treasurer Consultant: Municipal Auditing Services Kevin L. Weigant Date Chief Operating Officer <f ATTACHMENT II. City of Burlingame, CA BURLI NGAME 1904-'lppg Business License Tax Amnesty Program - The City of Burlingame offers an Amnesty Program for all businesses operating within the city that have not paid the city's Business License Tax and obtained a Business License. The city requires any and all businesses to obtain a license and pay the tax whether the business is physically located within the city limits or not. The following businesses do not require a business license: Charitable and non-profit organizations; businesses governed by Interstate Commerce; veterans peddling or soliciting; minors (16 or younger) and seniors (65 or older) with gross receipts of$4,000 or less; City of Burlingame parks and recreation contract employees; alcoholic and liquor brokers and distributorships (unless they also sell non-alcoholic products); public utilities paying a city franchise fee; banks (unless they also engage in non-banking services such as leasing of real estate); insurance companies and associations (excluding independent brokers); and any person that cannot be licensed by the city due to protection under the U.S. or State of California Constitution. You can call the City of Burlingame Business License Office at 558-7212 to determine if you require a license. AmnestyPeriod License Application Amount Fee Payment Description March 1 through March 31, 2008 $100.00 $35 Current Year plus Application Fee April 1 through April 15, 2008 $200.00 $35 Current Year plus 1-Year In Arrears plus Application Fee April 16 through April 30 2008 $300.00 $35 Current Year plus 2-Years In Arrears plus Application Fee May 1 through May 30, 2008 $400.00 $35 Current Year plus 3-Years In Arrears plus Application Fee Payments due in arrears will be determined based on the start date of your business and the amnesty period in which the city receives the payment due. ATTACHMENT III. ���CITY 0 BURLINGAME C o m The City of Burlingame 501 Primrose Road,Burlingame,CA 94010-3997 February 5, 2008 Dear Business Owner, In 1978 the City of Burlingame adopted a Business License Tax Ordinance that requires all businesses to obtain a license and pay a flat tax of$100.00 per fiscal year. The ordinance requirements apply to all persons and or business entities that conduct business within the city regardless of whether the business is physically located within the city limits. The business tax year is July 1 through June 30. All business licenses expire on June 30 and are subject to renewal. The city has 4,827 businesses that are licensed in compliance with the ordinance. You are one of these businesses and we thank you for paying the tax and obtaining the required license. The city will initiate an audit of all businesses for compliance with the Business License Tax Ordinance because we believe that there are a number of commercial enterprises that are subject to the tax but are currently non-compliant. In particular, the city is interested in making sure that vendors and independent contractors are informed that in most instances the business tax applies to them. In addition, we want to inform them that the city is providing a 90-day amnesty period to allow unlicensed businesses to pay the tax and obtain their license without any penalties, interest charges or late fees. The amnesty period gives any and all businesses that come into compliance with the ordinance within 30 days the opportunity to pay only the $100 current year tax and the one-time application fee of$35.00. They will then be issued a license for FY2007-08. Once the 30 days are over, businesses that have been operating for more than a year without a license will be required to pay the current year tax in addition to prior year tax amounts up to a maximum of four years. Enclosed is a table showing how the amnesty period will take affect. The city requests your help and assistance in informing your vendors and independent contractors of the amnesty program, so that they may take advantage of the opportunity to secure a business license at minimal cost. Once the 90-days have expired, the city will commence its audit. You will also find enclosed a sheet addressing the most frequently asked questions about the proposed business license tax audit program. In addition, you can access the city's municipal code via the web at www.burlingame.org to review Chapter 6.08, License Taxes or you may call the city's Business License Tax Office at 650-558-7212 for more information. Thank you for your help, Jesus Nava Finance Director/Treasurer www.burlinganie.org 650.558.7222 (office) jnava@burlingame.org 01-30-08 ACTIVE BUSINESS LICENSES PAGE 1 ATTACHMENT IV LICENSE CAT CATEGORY...................... COUNT.. O1 GENERAL WITHIN CITY 2,193 02 GENERAL OUTSIDE CITY 222 03 CONTRACTORS WITHIN CITY 95 04 CONTRACTORS HOME OCCUPATION 90 05 CONTRACTORS OUTSIDE CITY 1,478 06 HOME OCCUPATION 527 07 SPECIAL PERMIT (RATE TABLE 3 4 6 11 16 18 19) 08 GARDENERS 22 09 CARE FACILITIES 3 10 CHILD CARE 2 11 SERVICE STATION 16 12 AUTOMOTIVE REPAIR 42 13 AUTO BODY SHOP 11 14 RESTAURANTS AND BARS 106 15 MANUFACTURING 7 16 HAZARDOUS MATERIAL 2 17 OTHER (RATE TABLE 5 12 13 14 1 5 7) 4,827 ATTACHMENT V. sti yt H c Business License Tax Audit City of Burlingame, CA Finance Department December 17, 2007 " *4tt Business License Facts Y • Ordinance adopted in 1978 • License is a tax not a fee • Currently $ 100 . 00 per year • Initial application fee of $35 (one time) • License year is July 1 thru June 30 • 4 , 732 licenses currently issued • Annual revenue approximately $480, 000 December 17, 2007 2 1 ATTACHMENT V. Q Who Needs A License? R1--11e_,- General Provisions • Any business, trade, profession, calling and occupation transacting business in the city limits • Business definition in ordinance: "includes professions, trades and occupations of all and every kind of calling, whether or not carried on for profit." December 17,2007 3 Who needs a License? Specific Provisions • Every person conducting or carrying on the business of: — Selling any goods, wares, merchandise, commodity or service — Conducting or carrying on any profession, trade, occupation, calling or business • Every person not having a fixed place of business within the city who engages in business within the city, including contractors December 17,2007 q 2 ATTACHMENT V. Who needs a License? Specific Provisions • Every person conducting a home occupation — As allowed by the city's land use regulations • Every person conducting or carrying on the business of selling Christmas trees, except where such business is conducted in connection with a licensed business December 17,2007 5 Evidence of Doing Business • Use of signs, circulars, stationary, phone directory and other means of advertising • Holding a governmental license, permit or authority to conduct business — Including Tax ID numbers • Making sales, taking orders and rendering commercial services • Any similar acts December 17,2007 g 3 ATTACHMENT V. Exemptions • Charitable and Nonprofit Organizations • Interstate Commerce • Veterans Peddling or Soliciting • Minors (16 years or younger) with gross receipts of $4,000 or less • Seniors (65 or older) with annual gross receipts of $4,000 or less • Parks & Recreation contract employees December 17,2007 7 .. Exclusions • Public Utilities that pay a city franchise fee • Banks • Insurance Companies and Associations • Any person that the city cannot license under the U.S. or State Constitution • License collector may require a verification statement from persons claiming exemption or exclusion from license tax December 17,2007 8 4 ATTACHMENT V. Payment — New Businesses • Complete application • Pay application fee of $35.00 • Pay License tax of $100.00 • New applicants can get prorated tax based on start date of business: — 1St quarter of tax year = $100.00 — 2nd quarter of tax year = $ 75.00 — 3rd quarter of tax year = $ 50.00 — 4th quarter of tax year = $ 25.00 December 17,2007 g g Payment — Existing Business • License renewal notice sent in June • Payment due date of July 1 • Payment delinquent on August 1 — 25% late payment penalty is added — 5% penalty for every 15 days payment is late — 1 % interest per month on delinquent amount — Collection or cost recovery fees December 17,2007 10 5 ATTACHMENT V. Penalties & Fees • Ordinance Section 6.04.070 controls the penalty structure, and contains the following highlights: • 6.04.070 (b) - 25% late penalty after August 1 . • 6.04.070 1 & 2) — 5% penalty every 15 days (capped at 100% of tax due) • 6.04.070 (3) — 25% fraud penalty (reserved for City Attorney use) • 6.04.070 (4) — 1% interest per month • 6.04.070 (d) — cost recovery for collection of delinquencies, deficiencies, other amounts owed December 17,2007 11 Audit Objectives • Gain greater compliance with ordinance • Educate business community of license requirements and tax • Gather complete information about persons and companies conducting business in Burlingame • Increase revenue for the General fund December 17,2007 12 6 ATTACHMENT V. Audit Timeline • January 2008 — Council approves contract with MAS — Council approves Resolution — Audit program approval — Amnesty program approval — Receipt of initial data sets — Data set analysis and integration — Business tax and city vendor data sets delivered — Sales tax data ordered December 17,2007 13 Audit Timeline • January 2008 — Amnesty program introduced to community — Contact letters reviewed and finalized — Authorization letters reviewed and finalized — Data issue revisited (if needed) — Program points finalized — Program presentation to City and MAS staff December 17,2007 14 7 ATTACHMENT V. Audit Timeline • February 2008 — Amnesty program promoted to community — Sales tax data delivered — Sales tax data analyzed and integrated — Prepare City and MAS staff on approved aspects of Amnesty program December 17,2007 15 Audit Timeline • March 2008 — Amnesty program active • April 2008 — Amnesty program ends — MAS mails first letters December 17,2007 16 8 ATTACHMENT V. Agreement Audit Services A � g • MAS — Municipal Auditing Services, L.L.C. • Three year agreement • City agent for purposes of accessing: — State Board of Equalization Sales Tax data — Franchise Tax Board tax return data — City of Burlingame Business Tax data — City of Burlingame Federal Tax data — City of Burlingame Utility data December 17,2007 17 Audit Services Agreement • Manage and handle all administrative duties and tasks • Compensation for services — 50% of Discovery/Deficiency/Collection for all applicable years — Maximum collection fee possible = $510.00 per business (4 year delinquency) December 17,2007 18 9 ATTACHMENT V. Maximum Tax Liability #1 #2 #3 SUB #4 YEAR TAX LATE PENALTY INTEREST TOTAL RECOVERY TOTAL 2004-2005 $100.00 $25.00 $100.00 $48.00 $273.00 $136.50 $409.50 2005-2006 $100.00 $25.00 $100.00 $36.00 $261.00 $130.50 $391.50 2006.2007 $100.00 $25.00 $1';00.00 $24.00 $249,00 $124.50 $373.50 2007-2008 $100.00 $25.00 $100A0 $12.00 $237.00 $118.50 $355.50 $400.00 $100.00 $400.00 $120.00 $1,020.00 $510.00 $1,530.00 1 6.04.070(b)-tate payment penalty @ 25% 2 6.04.070(1&2)-5%penalty every 15 days(suggested max of 100°/x) 3 6,04.070(4)-Interest 1°/per month 4 6.04.070(d)-Cost recovery(MAS fees) December 17,2007 19 Amnesty Period • Give businesses the chance to comply without fines and penalties • Starts Saturday, March 1 , 2008 • Ends Monday, March 31 , 2008 • Total of 31 days amnesty period December 17,2007 20 10 ATTACHMENT V. @ Conditions of Amnesty 41-.-.441.1. • Must provide true date of start of business — Application is statement of declaration • Must pay initial application fee of $35.00 • Must pay license tax for every year in business (up to a maximum of 4 years) — 1 year = $100 + $35 = $135.00 — 2 years = $200 + $35 = $235.00 — 3 years = $300 + $35 = $335.00 — 4 years = $400 + $35 = $435.00 December 17,2007 21 Advertising Amnesty Period • Press releases and press conference M • Two quarter-page advertisements in local press (one newspaper) • Website announcement • List-serve Email Announcement • Public Access TV announcement • Chamber of Commerce newsletter December 17,2007 22 11 ATTACHMENT V. �. Questions December 17,2007 23 12 ATTACHMENT VI 6.04.010 Chapter 6.04 purpose of revenue and not regulation. (Ord. 1125 § 2 (part),(1978)) GENERAL LICENSE PROVISIONS 6.04.020 Definitions. Sections: For the purpose of this title,words and phrases used 6.04.010 Purpose of licenses. herein shall be held to mean the following: 6.04.020 Definitions. "Business" includes professions,trades and occupa- 6.04.030 Evidence of doing business. tions of all and every kind of calling, whether or not 6.04.040 License required. carried on for profit. 6.04.050 Contents of license. "City"means the city of Burlingame. 6.04.060 License tax—How payable. "Collector"or"license collector"means the finance 6.04.070 Terms of licenses—Delinquency. director,or the finance director's duly authorized repre- 6.04.080 Proration. sentative. 6.04.090 Duration of license. "Contractor"means any person who undertakes to,or 6.04.100 Limitations. offers to undertake to,or purports to have the capacity to 6.04.110 Branch establishments. undertake to,or submits a bid to,or does himself or her- 6.04.120 Duplicate licenses. self or by or through others,construct,alter,repair,add 6.04.130 Transfer of place of business. to,subtract from,improve,move,wreck or demolish any 6.04.140 License to be conspicuously building,highway,road,parking facility,railroad,exca- posted, vation or other structure, project, development or im- 6.04.150 Refunds. provement,or to do any part thereof,including the erec- 6.04.160 Application for issuance of tion of scaffolding or other structures or works in con- license. nection therewith.The term contractor includes subcon- 6.04.170 Application for first license. tractor and specialty contractor. 6.04.180 Applications not conclusive. "Employee"means all persons engaged in the opera- 6.04.200 Determination of license tax in tion or conduct of any business,whether as owner,any certain cases. member or owner,any member of owner's family,part- 6.04.210 Appeals. ner, agent, manager, solicitor, broker, salesperson and 6.04.220 Additional power of license any and all other persons employed or working in said collector. business. 6.04.225 Document production and "Fixed place of business"means the premises occu- inspection and entry. pied in the city of Burlingame for the particular purpose 6.04.230 License of new business— of conducting a business thereat. Approval. "Newly established business" means a business in 6.04.240 Exemptions. existence and operation within the city for less than three 6.04.250 Exclusions. (3)months. 6.04.260 Substitute for other revenue acts. "Peddler" means any person not having a regularly 6.04.270 Effect on past actions and established place of business,who travels or goes from obligations previously accrued. house to house,or from place to place,and who sells and 6.04.280 Revocation of licenses— makes immediate delivery,or offers for sale and imme- Hearing—Subsequent diate delivery,any services,goods,wares or merchandise application for license. in his or her possession. 6.04.290 License tax a debt. "Person"includes all domestic and foreign corpora- 6.04.300 Both criminal and civil action tions,associations, syndicates,joint stock corporations, authorized for failure to pay partnerships of every kind,clubs,Massachusetts business license tax. or common law trusts,societies and individuals transact- 6.04.310 Effect of mistake. ing and carrying on any business in the city of Burlin- 6.04.320 Evidence of liability. game,other than as an employee. "Solicitor" means any person who travels or goes 6.04.010 Purpose of licenses. from house to house, or from place to place, or in or It is hereby declared that the provisions of this title of along the streets,taking orders for or endeavoring to take the ordinance code of the city of Burlingame are for the orders,for the sale,exchange or delivery of any services, 69 6.04.030 goods,wares or merchandise not in his or her immediate therefor,and each license so issued shall state upon the possession. face thereof the following: "Vehicle"means every device in, upon or by which (a) The name of the person to whom the license is any person or property is or may be transported or drawn issued; upon a public street or highway, except devices moved (b) The kind or kinds of business licensed thereby; by human power or used upon stationary rails or tracks. (c) The location of such business; (Ord. 1125 § 2 (part),(1978); Ord. 1459 § 2 (part), (d) The date of the expiration of such license; (1992);Ord. 1671 § 7,(200 1)) (e) Such other information as the license collector may require.(Ord. 1125 § 2(part),(1978)) 6.04.030 Evidence of doing business. When any person shall,by the use of signs,circulars, 6.04.060 License tax—How payable. cards,stationery,telephone books or newspapers,adver- All license taxes due hereunder shall be paid in ad- tise,hold out or represent that he or she is in business in vance,in lawful money of the United States,at the office the city, or when any person holds an active license or of the license collector. (Ord. 1125 §2(part),(1978)) permit issued by a governmental agency indicating that he or she is in business in the city, or when any person 6.04.070 Terms of licenses—Delinquency. makes a sale,takes an order,renders a commercial ser- (a) Except as otherwise provided, all license taxes vice or performs any other similar act within the city,and due hereunder shall be due and payable on the first day such person fails to deny by sworn statement given to the of July. collector that he or she is not conducting a business in (b) If a license tax that is due and payable under the city after being requested to do so by the collector, subsection(a)above has not been received before August then these facts shall be considered prima facie evidence 1,the license collector shall add to each license remain- that he or she is conducting a business in the city. (Ord. ing unpaid a penalty of twenty-five (25)percent of the 1125 §2(part),(1978)) amount of the delinquent license tax. (c) Any business that fails to remit any tax imposed 6.04.040 License required. pursuant to Sections 6.08.085 or 6.08.150 within the time There are hereby imposed upon the businesses,trades, required for payment of such a tax shall pay the follow- professions, callings and occupations specified in this ing penalties: title license taxes in the amounts hereinafter prescribed. (1) A penalty of five(5)percent of the amount of the No person shall transact and carry on any business,trade tax in addition to the amount due;and or profession, calling or occupation in the city without (2) If the delinquent tax amount plus the penalty is first having procured a license or without first having not remitted on or before a period of fifteen (15) days paid to the city the license tax provided herein,and to do following the date on which the remittance first became so without complying with all such regulations shall delinquent, an additional penalty of five (5) percent of constitute a separate violation of this code for each and the amount of the tax in addition to the amount of the tax every day that such business is so carried on. and the five(5)percent penalty first imposed.An addi- The issuance of a license under this title shall not tional penalty of five(5)percent shall be paid for each entitle the licensee to engage in any business which for fifteen(15)days thereafter which the remittance is delin- any reason is in violation of any law or ordinance and quent. shall not entitle the holder thereof to carry on any busi- (3) If the tax administrator determines that the non- ness unless he or she has complied with all the require- payment of any remittance due under Section 6.08.085 is ments under the other ordinances of the city and all other due to fraud,a penalty of twenty-five(25)percent of the applicable laws, nor shall it entitle the licensee to carry amount of the tax shall be added thereto in addition to on any business in any building or on any premises des- the penalties stated in subsections(1)and(2)of this sub- ignated in such license in the event that such business or section. premises are situated in a zone or locality in which the (4) In addition to the penalties imposed, any busi- conduct of such business is a violation of any law.(Ord. ness that fails to remit any tax imposed by Section 1125 §2(part),(1978)) 6.08.085 shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, ex- 6.04.050 Contents of license. clusive of penalties, from the date on which the remit- All licenses shall be prepared and issued by the li- tance first became delinquent until paid. cense collector upon payment of the sum to be paid 70 6.04.080 (d) The license collector may include in the delin- vided for in this title,and no license shall be sold or is- quency assessment,costs of any necessary audits or in- sued for any period of time other than provided for in vestigations necessitated by an incorrect or incomplete this title;provided,that this section shall not refer to such return of a license tax under this chapter. penalties as are herein provided for. (Ord. 1125 § 2 (e) Every penalty and assessment imposed and such (part),(1978)) interest as accrues under the provisions of this section shall become a part of the tax required to be paid by this 6.04.110 Branch establishments. chapter. (Ord. 1125 § 2 (part), (1978); Ord. 1459 § 2 Separate licenses must be obtained for each branch (part), (1992); Ord. 1500 § 1, (1994); Ord. 1671 § 2, establishment or location of the business engaged in,as if (2001)) each such branch establishment or location were a sepa- rate business,and each license shall authorize the licen- 6.04.080 Proration. see to engage only in the business licensed thereby at the No proration of any license due hereunder shall be location or in the manner designated in such license; made for any portion of the period for which a license is provided,that warehouses and distributing plants used in payable, except in the case of a first annual license the connection with and incidental to a business licensed tax may be prorated as follows: under the provisions of this title shall not be deemed to (a) If the application is made during the quarter be- be separate places of business or branch establishments. ginning July 1st,one hundred(100)percent of such fee (Ord. 1125 § 2(part),(1978)) shall be paid; (b) If the application is made during the quarter be- 6.04.120 Duplicate licenses. ginning October 1st, seventy-five (75) percent of such Duplicate licenses may be issued by the license col- fee shall be paid; lector to replace any license previously issued which has (c) If the application is made during the quarter be- been lost or destroyed upon the licensee filing an affida- ginning January 1st,fifty(50)percent of such fee shall vit attesting to such fact, and at the time of filing such be paid;and affidavit paying to the license collector the sum of ten (d) If the application is made during the quarter be- dollars($10.00).(Ord. 1125§2(part),(1978);Ord. 1459 ginning April 1st, twenty-five (25) percent of such fee §2(part),(1992);Ord. 1752 §2,(2005)) shall be paid. The date of commencement of business shall be 6.04.130 Transfer of place of business. deemed the date of application whenever an application No license issued pursuant to this title shall be trans- is filed after the commencement of business.(Ord. 1125 ferred to another person.When a licensee transfers his or §2 (part),(1978)) her business from one location to another within the city, the license previously issued may be amended to author- 6.04.090 Duration of license. ize the conduct of the business at the new location.(Ord. (a) No license shall be issued for a period of more 1125 §2(part),(1978);Ord. 1459 §2(part),(1992)) than twelve(12)months.No license shall be issued for any period extending beyond the thirtieth day of June 6.04.140 License to be conspicuously posted. following the issuance. All licenses must be kept and posted in the following (b) While the license collector is empowered to mail manner: renewal notices to businesses regarding the annual busi- (a) Any licensee transacting and carrying on busi- ness license, the failure of the license collector to mail ness at a fixed place of business in the city shall keep the such a notice or the failure of the business to receive license posted in a conspicuous place upon the premises such a notice shall not excuse any failure to pay the busi- where such business is carried on. ness license tax due at the time and pursuant to the provi- (b) Any licensee transacting and carrying on busi- sions of Section 6.04.070 nor to excuse any penalties or ness but not operating at a fixed place of business in the interest that may be assessed because of late or incom- city shall keep the license upon his or her person or in his plete payment.(Ord. 1125§2(part),(1978);Ord. 1671 § or her vehicle at all times while transacting and carrying 3,(2001)) on such business. (Ord. 1125 §2(part),(1978)) 6.04.100 Limitations. 6.04.150 Refunds. No greater or lesser amount of money shall be No refunds will be made on any amount paid as a charged or received for any license tax other than pro- license tax except in case of an error on the part of the 71 6.04.160 city in the determination of the amount of the license tax, tion that best represents the overall conduct of the busi- in the case of a miscalculation by the business of the ness. Classification by the business itself is not binding license tax due, in the event of double payment for a on the collector.(Ord. 1125§2(part),(1978);Ord. 1664 license, or in case of an illegally collected license tax. § 1,(2001)) Claims for such refunds must be made pursuant to and within the time requirements of Chapter 4.15.Accrual of 6.04.210 Appeals. the cause of action shall be the date of payment for the (a) When the license collector determines that a license or the date the license payment was due,which- license tax is due that is more than the tax paid by the ever is earlier.(Ord. 1125§2(part),(1978);Ord. 1657§ business, the license collector will give a notice of the 4,(2001);Ord. 1671 §4,(200 1)) amount so assessed by serving it personally or by depos- iting it in the United States mail, postage prepaid, ad- 6.04.160 Application for issuance of license. dressed to the business at its last known place of address. Every person required to have a license under the The assessed business may,within ten(10)days after the provisions of this title shall make application for the serving or mailing of such notice, make application in same to license collector. Such application shall be a writing to the license collector for a hearing on the written statement upon a form provided by such depart- amount assessed. If application by the business for a ment and shall be signed by the applicant under penalty hearing is not made within the time prescribed,the tax, of perjury, or sworn to by the applicant before a person interest and penalties, if any,determined by the license authorized to administer oaths.The application shall set collector shall become final and conclusive and immedi- forth such information as may be necessary properly to atcly due and payable. If application for a hearing is determine the amount of the license tax to be paid by made, the license collector shall give not less than five applicant. (Ord. 1125 § 2(part),(1978)) (5) days' written notice by mail to the business of the time and place for the hearing.At the hearing,the busi- 6.04.170 Application for first license. ness may appear and offer evidence what the specified Every person making application for a license shall tax, interest and penalties should be. After hearing, the pay to the license collector the license tax for the busi- license collector will determine the proper tax to be re- ness in which he or she is engaged and a nonrefundable mitted and shall thereafter give written notice to the application fee of thirty-five dollars($35.00).(Ord. 1125 business of the decision. The amount determined to be § 2 (part), (1978); Ord. 1459 § 2 (part), (1992); Ord. due shall be payable after fifteen (15) days unless an 1752 § 3,(2005)) appeal is taken as provided in subsection(b)below. (b) Any person aggrieved by any decision of the 6.04.180 Applications not conclusive. license collector with respect to the issuance or refusal to No applications shall be conclusive as to the matters issue a license, or the amount of a license tax, may ap- set forth therein,nor shall the filing of the same preclude peal to the city manager by filing a written notice of the city from collecting by appropriate action such sum appeal with the manager within fifteen(15)days of the as is actually due and payable hereunder.(Ord. 1125 §2 collector's decision. If no appeal is filed within the fif- (part), (1978)) teen(15)day period,the decision of the license collector is final. The city manager shall fix a time and place for 6.04.200 Determination of license tax in hearing such appeal, and give notice in writing to the certain cases. appellant of the time and place of hearing by serving it (a) If any person fails to apply for a business license, personally or by depositing it in the United States Post or, after demand therefor has been made by the license Office,postage prepaid,addressed to such person at the collector, he or she fails to file a corrected application address appearing on the person's last license or applica- within fifteen (15) days after notification to so do, the tion. The person who filed the appeal may appear and license collector shall determine the amount of license offer evidence regarding the matter.Following the hear- tax due from such person by means of such information ing,the city manager may affirm,modify,or reverse the as the collector may be able to obtain. decision of the license collector.The decision of the city (b) The license collector will determine which clas- manager shall be served upon the appellant in the manner sification of business under this title applies to each prescribed above for service of notice of hearing. The business in light of the information available to the col- city manager's decision is the final administrative deter- lector.When more than one classification might apply to mination. (Ord. 1125 § 2 (part), (1978); Ord. 1459 § 2 a business,the license collector will apply that classifica- (part),(1992);Ord. 1671 § 6,(200 1)) 72 6.04.220 6.04.220 Additional power of license title is required, and to demand the exhibition of the collector. business license or permit for the current term from any In addition to all other power conferred upon him,the person engaged or employed in the transaction of such license collector shall have the power, for good cause business.(Ord. 1671, § 5,(200 1)) shown,to extend the time for filing any required sworn statement for a period not exceeding thirty(30)days in 6.04.230 License of new business— such case to waive any penalty which would otherwise Approval. have accrued;and shall have the further power,with the Upon the issuance of an initial license to conduct a consent of the council, to compromise any claim as to business at a place,building or premises located in the amount of license tax due.(Ord. 1125 §2(part),(1978)) city, or when a license is transferred to a new place of business in the city,the license collector shall transfer a 6.04.225 Document production and copy of the application to the building inspector,the fire inspection and entry. chief,planner and health inspector of the city.It shall be (a) The license collector may review any application the duty of said officials to report to the license collector or return filed pursuant to this chapter and may request or whether or not the place,building or premises,including inspect any documents or accounts as provided for in this any incidental warehouse or distribution plants, can be title to determine what the correct tax due is.The license used for the purpose stated in the application.If it is re- collector, and any person designated as an agent by the ported that the carrying on of such business will violate license collector, may, at any time during normal busi- any law or ordinance or jeopardize or constitute a men- ness hours,for the purpose of enforcing the provisions of ace to the public health or safety,it shall be the duty of this title,inspect the accounts,books,papers,and docu- the license collector to revoke the issuance or the transfer ments of any business that holds any permit or tax cer- of the license. License fees shall not be refunded upon tificate of the city under this title or that has filed a per- such revocation.(Ord. 1125 § 1(part),(1978),Ord. 1459 mit application or business tax return with the city under § 2(part),(1992)) this title.Any person shall produce under the seal of the city the person's authority to make such an inspection. 6.04.240 Exemptions. (b) It shall be the duty of each business that receives (a) Charitable and Nonprofit Organizations. The a license or permit under this title to keep and preserve, license provisions of this code shall not be deemed or for a period of three(3)years,all records as may be nec- construed to require the payment of a license fee to con- essary to determine the amount of such tax as the busi- duct, manage or carry on any business, or require the ness may have been liable for the collection of and pay-- payment of any license fee from any institution or or- ment to the city. Such records shall be maintained at the ganization which is conducted, managed or carried on business' premises or shall be available for delivery to solely for the benefit of charitable purposes or from the license collector within one week after request.Such which profit is not derived either directly or indirectly by records shall be so maintained for at least six(6)months any person,if such business is exempt from the payment after a change of owner.The license collector may,upon of bank and corporation taxes by Sections 23701(d)and five (5) days' written notice, require any business that 23701(e) of the Revenue and Taxation Code, nor shall holds a permit or business license under this title or that any license be required for the conducting of any enter- has filed a permit application or business tax return with tainment, concert, exhibition, lecture or scientific, his- the city to produce any accounts, books, papers, or torical,religious or moral services whenever the receipts documents at any location in the city that the license of such entertainment,concert,exhibition or lecture are collector may designate in writing, for the purpose of to be appropriated to any church, school or to any reli- enforcing this title. gious or benevolent purpose within the city;nor shall any (c) No person conducting an inspection or review license be required for the conducting of any entertain- pursuant to this section may reveal the information ob- ment, dance, concert, exhibition or lecture by any reli- tained from such an inspection or review to anyone not gious, charitable, fraternal, educational, military, state, charged with the administration or enforcement of the county or municipal organization or association when- provisions of this title. ever the receipts of any such entertainment,dance,con- (d) The license collector, any designated officer or cert,exhibition or lecture are to be appropriated for the agent of the license collector, and any police officer is purpose and objects for which such association or or- entitled to enter free of charge at any time any place of ganization was formed and from which a profit is not business for which a tax, license, or permit under this derived either directly or indirectly by any person;pro- 73 6.04.250 vided, however, that nothing herein contained shall be them under the provisions of Article XIII, Section 16, deemed to exempt any institution or organization from Subdivision 1(a)of the State Constitution; complying with the provisions of any of the ordinances (c) Insurance companies and associations to the of the city requiring such institution or organization to extent that a city may not levy a license tax upon them obtain a permit from the city council to conduct,manage under the provisions of Article XIII, Section 14 4/5 of or carry on such business. the State Constitution; (b) Interstate Commerce. Nothing in this title shall (d) Any person whom the city is not authorized to be deemed or construed to apply to any person transact- license under any law or constitution of the United States ing or carrying on any business exempt by virtue of the or the state of California. Constitution or applicable statutes of the United States or The license collector may require the filing of a veri- of the state of California from payment of such licenses fied statement from any person claiming to be exempted as are herein prescribed.Such person shall file a verified or excluded by the provisions of Section 6.04.240 or statement with the license collector setting forth all of the 6.04.250,which statement shall set forth all facts upon facts showing that he or she is entitled to such exemp- which the exclusion is claimed. (Ord. 1125 § 2 (part), tion. The statement shall contain the name and location (1978)) of the person for which the orders are to be solicited or secured, the name and address of the nearest local or 6.04.260 Substitute for other revenue acts. state manager,the kind of goods,wares or merchandise Any person required to pay a license tax for transact- to be delivered,the place from where the same are to be ing and carrying on any business under this title shall not shipped or forwarded,the method of solicitation or tak- be relieved from the payment of any license tax for the ing orders, the location of any warehouse, factory or privilege of doing such business which has been required plant within the state of California,the method of deliv- under any other ordinance of the city, and shall remain ery,the name and address of the applicant,and any other subject to the regulatory provisions of such other ordi- facts necessary to establish such claim of exemption. nance. (Ord. 1125 § 2(part),(1978)) (c) Veterans. Any veteran, as defined by Section 16001 and Section 16001.5 of the Business and Profes- 6.04.270 Effect on past actions and sions Code of the state of California, shall be exempt obligations previously accrued. from the payment of license fees for peddling or solicit- Neither the adoption of this title,nor its superseding ing upon presentation of proof of such exemption satis- of any portion of any other ordinance of the city of Bur- factory to the license collector. lingame, shall in any manner be construed to affect (d) Minors,Sixteen Years and Younger.Every natu- prosecution for violation of any other ordinance commit- ral person of the age of sixteen (16) years or under, ted prior to the effective date hereof,nor be construed as whose annual gross receipts from any and all businesses a waiver of any license or any penal provision applicable are four thousand dollars ($4,000.00) or less, shall be to any such violation,nor be construed to affect the va- exempt from payment of any license tax under the provi- lidity of any bond or cash deposit required by any ordi- sions of this title. nance to be posted,filed or deposited,and all rights and (e) Senior Citizens.Every natural person of the age obligations thereto appertaining shall continue in full of sixty-five(65)years or over,whose annual gross re- force and effect. (Ord. 1125 § 2(part), (1978)) ceipts from any and all business are four thousand dollars ($4,000.00)or less,shall be exempt from payment of any 6.04.280 Revocation of licenses—Hearing— license tax under the provisions of this title.(Ord. 1125§ Subsequent application for license. 2(part),(1978)) Any license issued under the terms of this code may be suspended or revoked by the city council whenever it 6.04.250 Exclusions. shall appear that the licensee has failed to pay the Except as may be otherwise specifically provided in charges imposed by this title,that the business, calling, this title, the terms hereof shall not be deemed or con- profession or trade of the person to whom such license strued to apply to any of the following persons: was issued is conducted in a disorderly or improper (a) Any public utility which makes payments to the manner or in violation of any law of the United States, city of Burlingame under a franchise or similar agree- the state of California, or any ordinance on the city, or ment; that the person conducting the business,trade,profession (b) Banks,including national banking associations, or calling is of an unfit character to conduct the same,or to the extent that a city may not levy a license tax upon the purpose for which the license has been issued is be- 74 i 6.04.290 ing abused to the detriment of the public,or is being used remedies prescribed hereunder shall be cumulative and for a purpose foreign to that for which the license was the use of one or more remedies by the city shall not bar issued. the use of any other remedy for the purpose of enforcing Except as provided in Section 6.04.230, a license the provisions hereof. (Ord. 1125 §2(part),(1978)) issued under this title shall not be revoked,canceled or suspended until a hearing thereon shall have been had by 6.04.310 Effect of mistake. the city council. Written notice of the time and place of In no case shall any mistake made by the city in stat- such hearing shall be served upon the permittee at least ing the amount of a license tax prevent or prejudice the three(3)days prior to the date set for such hearing.Such collection by the city of what shall be actually due from notice shall also contain a brief statement of the grounds anyone carrying on a business subject to a license tax to be relied upon for revoking,canceling or suspending under this title. (Ord. 1125 § 2(part),(1978)) such license. Notice may be given either by personal delivery thereof to the person to be notified or by depos- 6.04.320 Evidence of liability. iting it in the United States Post Office in a sealed enve- In any action brought under or arising out of any of lope, postage prepaid, addressed to such person to be the provisions of this title,or of any ordinance imposing notified, at the business address appearing upon said a license tax, the fact that a party thereto represented license.At the hearing before the city council the person himself or herself as engaged in any business or calling aggrieved shall have an opportunity to answer and may for the transaction of which a license is required,or that be thereafter heard, and, upon due consideration and such party exhibited a sign indicating such business or deliberation by the city council, the complaint may be calling,shall be presumptive evidence of the liability of dismissed, or, if the city council concludes that charges such party to pay for a license for such business. (Ord. have been sustained and substantiated, it may revoke, 1125 § 2(part),(1978)) cancel or suspend the license of the permittee, and the action of the city council shall be final and conclusive and no appeal therefrom shall be had. If any such license shall have been revoked, neither the holder thereof nor any person acting for him or her directly or indirectly shall be entitled to another license to carry on the same or any similar business within the city unless the application for such license shall be ap- proved by the city council.(Ord. 1125§2(part),(1978); Ord. 1459 § 2(part),(1992)) 6.04.290 License tax a debt. The amount of any license tax and penalty imposed by the provisions of this title shall be deemed a debt to the city of Burlingame,and any person carrying on any busi- ness without first having procured a license from the city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the license tax and penalties imposed on such busi- ness. (Ord. 1125 § 2(part), (1978)) 6.04.300 Both criminal and civil action authorized for failure to pay license tax. The conviction of any person for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax to conduct such business,nor shall the pay- ment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this title;all 75 6.08.010 Chapter 6.08 6.08.060 Theaters. Every person conducting or operating an indoor or LICENSE TAXES outdoor theater for showing moving pictures,or for the presentation of plays,musicals,operas,operettas,revues Sections: or similar presentations of entertainment and amusement, 6.08.010 General. having a seating capacity of not more than one thousand 6.08.020 License taxes. (1,000)persons, shall pay an annual license tax of one 6.08.040 Subcontractors. hundred fifty dollars ($150.00), and every person con- 6.08.060 Theaters. ducting or operating such a theater having a seating ca- 6.08.080 Amusement devices. pacity in excess of one thousand (1,000) persons shall 6.08.085 Operators of commercial pay an annual license tax of two hundred dollars parking facilities. ($200.00). (Ord. 1125 § 3 (part), (1978); Ord. 1459 § 2 6.08.110 Motor vehicles sales. (part), (1992); Ord. 1663 §2,(200 1)) 6.08.140 Peddlers and solicitors. 6.08.150 Closing-out sales. 6.08.080 Amusement devices. 6.08.170 Curb,street and sidewalk sign In addition to an annual business license,every busi- painters. ness having upon its premises amusement machines or 6.08.180 Rental car agencies. devices including any machine,instrument or apparatus for the purpose of producing,reproducing or playing any 6.08.010 General. musical tone or tones or combination of tones requiring a For every person engaged in carrying on or maintain- coin, token or other substitute therefor to be deposited ing any profession,trade,occupation,calling or business, therein, shall pay an annual license tax of ten dollars the license tax shall be as set forth in the following sec- ($10.00) for each machine. (Ord. 1125 § 3, (part), tions. (Ord. 1125 § 3 (part),(1978)) (1978); Ord. 1223 § 1, (1982); Ord. 1459 § 2 (part), 6.08.020 License taxes. (1992); Ord. 1663 §4,(200 1)) The following persons shall pay an annual license tax 6.08.085 Operators of commercial parking of one hundred dollars($100.00). facilities. (a) Every person conducting or carrying on the busi- (a) Commercial parking facility defined."Commer- ness consisting of selling any goods, wares and mer- cial parking facility"means any privately owned or oper- chandise or commodities, or services, or conducting or ated facility that provides,for any form of consideration, carrying on any profession,trade,occupation,calling or parking or storage for motor vehicles,motorcycles,trail- business not otherwise specifically taxed by this chapter. ers,bicycles, or other similar means of conveyance for (b) Every person not having a fixed place of busi- passengers or property. "Commercial parking facility" ness within the city who engages in business within the does not include a parking facility that is: city, including contractors. (1) Not the predominant use of the parcel on which (c) Every person conducting a home occupation as the parking facility is located;or defined by Section 25.08.350 of this code. (2) Leased or owned by a business and operated (d) Every person conducting or carrying on the busi- exclusively to park or store vehicles that are owned or ness of selling Christmas trees,except where such busi- leased by that same business; or ness is conducted in connection with another regularly (3) Leased or owned by a business and operated established place of business for which a license has exclusively to park or store vehicles that are part of that been issued.(Ord. 1125§3(part),(1978);Ord. 1459§2 same business' inventory for purposes of sale, lease, or (part),(1992);Ord. 1669 § 1,(2001)) resale. (b) Operator Defined."Operator"means any person 6.08.040 Subcontractors. who, as owner, lessee, employee, agent, or otherwise, Every person conducting or carrying on the business operates,maintains,manages,keeps,permits,or allows of contractor shall furnish the collector the names and to be operated,maintained,managed,or keep any com- addresses of all subcontractors doing work on each such mercial parking facility in or upon any premises owned, construction or work and the premises on which it is leased,managed,operated,or controlled by such person located. (Ord. 1125 §3 (part), (1978)) within the city. 76 6.08.110 (c) The operator of a commercial parking facility in (a) A period of six (6) months or less prior to the the city shall pay an annual license tax of five(5)percent date the application is filed: $100.00. of the gross receipts received from the operation of the (b) More than six(6)months: $50.00. commercial parking facility without deduction therefrom. (c) More than two(2)years:$10.00.(Ord. 1125 §3 (d) Each operator of a facility shall,on or before the (part),(1978);Ord. 1459§2(part),(1992);Ord. 1663 § last day of the month following the close of each calen- 7,(2001)) dar quarter,or at the close of any shorter reporting period which may be established by the license collector,make 6.08.170 Curb,street and sidewalk sign a return to the license collector,on forms provided by the painters. collector of the total tax. At the time the return is filed, For traveling from house to house or place to place for the full amount of the tax shall be remitted to the license the purpose of painting house or address numbers upon collector. The license collector may establish shorter private real property or an adjacent street curb; or for reporting periods for any operator if the collector deems placing or maintaining any number, figure,letter,carv- it necessary in order to insure timely collection of the ing, drawing, design or other marking to identify the tax; and the collector may also require further informa- premises of any such property upon any street,sidewalk tion in the return.Returns and payments are due immedi- or curb,the license tax shall be ten dollars($10.00)per ately upon cessation of business for any reason. (Ord. person in addition to any solicitor's licenses which may 1670, § 1,(2001)) be required.(Ord. 1125§3(part),(1978);Ord. 1459§2 (part),(1992);Ord. 1663 § 8,(200 1)) 6.08.110 Motor vehicles sales. Every person conducting or operating the business of 6.08.180 Rental car agencies. selling new,or used motor vehicles,shall pay an annual Every person conducting or operating the business of license tax of one hundred fifty dollars($150.00).(Ord. renting autos, trucks, or other vehicles for periods of 1125 § 3 (part), (1978); Ord. 1459 § 2 (part), (1992); thirty(30)days or less,not in conjunction with an auto or Ord. 1663 § 5,(200 1)) truck sales agency or automobile service business situ- ated in the city, shall pay an annual license tax of three 6.08.140 Peddlers and solicitors. hundred dollars($300.00).(Ord. 1125§3(part),(1978); (a) Every person who conducts the business of ped- Ord. 1459 § 2(part),(1992);Ord. 1663 § 9,(200 1)) dling or soliciting under a license obtained pursuant to Chapter 6.24 of this code shall pay an annual license fee of one hundred twenty dollars($120.00)payable in ad- vance;provided,however,that any person maintaining a regular route of established deliveries of food products shall pay an annual license fee as provided in Section 6.08.020 above. (b) As used herein the term "established delivery" means a delivery of articles of food over a definite route of travel,serving regular customers and which route has been established for at least one year. (c) The license fee require by this section is imposed on and payable by the business and not on or by each individual employee of the business that is engaged in peddling or soliciting.(Ord. 1125§3(part),(1978);Ord. 1459§2(part),(1992);Ord. 1663 §6,(2001);Ord. 1776 §3, (2006)) 6.08.150 Closing-out sales. The license fee for closing-out sales under a license obtained pursuant to Chapter 6.20 of this code shall be as established in the following schedule: If the applicant has been operating the business to be closed out under a valid city business license for: 77 CITY 0 STAFF REPORT BURUNGAME AGENDA ITEM# 8b 900 MTG. A*A_T J- DATE February 4,2008 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMI BY DATE: February 4,2008 /f�r AP OVEDZ' ) FROM: Jesus Nava, Finance Director/Treasurer BY SUBJECT: Introduction of An Ordinance of The City of Burling�e Amending Municipal Code Section 6.04.240 To Exempt Exhibitors Solely Selling Foodstuffs, Live Plants,Art Work or Handicrafts At An Event or Market In the City Operated By Any Religious, Charitable, Fraternal, Educational, Military, State, County or Municipal Organization or Association Recommendation: That the City Council: 1. Request the City Clerk to Read the Title of the Proposed Ordinance; 2. Waiver Further Reading of the Ordinance; 3. Introduce the Proposed Ordinance; and 4. Direct the City Clerk to Publish A Summary of the Ordinance at Least Five Days Before Proposed Adoption by the City Council Background: The Business License Tax Ordinance requires any and all businesses to apply for a business license and pay an annual tax of$100. First time applicants are also required to pay a one-time $35 application fee. The City exempts non-profit and charitable organizations from having to pay the tax. The proposed ordinance amendment provides an exemption of exhibitors or vendors that solely sell foodstuffs, live plants, art work, or handicrafts at an event or market in the city that is operated by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association. Attachments: Ordinance oy the City of Burlingame Amending Sections 6.04.240 To Exempt Exhibitors From Business License Tax 1 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTI S 6.04.240 TO EXEMPT EXHIBITORS FROM BUSINESS LICENSE T ES 3 4 The CITY COUNCIL of the CITY OF BURLINGAME does h by ordain as follows: 5 6 Section 1. A number of nonprofit organizations hold f draisers in the City during the 7 year. The vendors at these fundraisers are often in the City ly for the event and only for a few 8 days at most. The City wishes to exempt certain vend s who provide these goods at events 9 held by nonprofit organizations from business li ense taxes in order to encourage their 10 participation,to demonstrate that the City welco s these events in the community,and to assist 11 in continuing to make these events possible. his ordinance does not increase any business 12 license tax or impose any new tax on any erson. 13 14 Section 2. Subsection 6.04. 0(a) is amended to read as follows: 15 (a) Charitable and Nonprofit Organizations. 16 (1) The license provisions of this code shall not be deemed or construed to require the 17 payment of a license fee to conduct, manage or carry on any business, or require the payment 18 of any license fee from any institution or organization which is conducted,managed or carried 19 on solely for the benefit of charitable purposes or from which profit is not derived either directly 20 or indirectly by any person, if such business is exempt from the payment of bank and 21 corporation taxes by Sections 23701 of the Revenue and Taxation Code, nor shall any license 22 be required for the conducting of any entertainment, concert, exhibition, lecture or scientific, 23 historical, religious or moral services whenever the receipts of such entertainment, concert, 24 exhibition or lecture are to be appropriated to any church, school or to any religious or 25 benevolent purpose within the city; nor shall any license be required for the conducting of any 26 entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, 27 educational, military, state, county or municipal organization or association whenever the 28 receipts of any such entertainment,dance, concert, exhibition or lecture are to be appropriated 1 for the purpose and objects for which such association or organization was formed and from 2 which a profit is not derived either directly or indirectly by any person;provided,however,that 3 nothing herein contained shall be deemed to exempt any institution or organization from 4 complying with the provisions of any of the ordinances of the city requiring such institution or 5 organization to obtain a permit from the city to conduct, manage or carry on such business. 6 (2) The license provisions of this code shall not be deemed or construed to require the 7 payment of a licensefee to conduct, manage or carry on any business in the city that consists 8 solely of selling foodstuffs,live plants,art work,or handicrafts at an event or market in the city 9 that is operated by any religious, charitable, fraternal, educational, military, state, county or 10 municipal organization or association. However,nothing herein contained shall be deemed to 11 exempt any such person from complying with the provisions of any of the ordinances of the city 12 requiring such a person to obtain a permit from the city to conduct,manage or carry on such a 13 business. 14 15 Section 3. This ordinance shall be published as required by law. 16 17 18 Mayor 19 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 20 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21 day of , 2008, and adopted thereafter at a regular meeting of the City 22 Council held on the day of , 2008,by the following vote: 23 AYES: COUNCILMEMBERS: 24 NOES: COUNCILMEMBERS: 25 ABSENT: COUNCILMEMBERS: 26 27 28 City Clerk - 2 - � 6. 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTIONS 6.04.240 TO EXEMPT CERTAIN VENDORS AT EVENTS AND MARKETS CONDUCTED 3 BY EXEMPT ORGANIZATIONS FROM BUSINESS LICENSE TAXES 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. A number of nonprofit organizations hold fundraisers in the City during the 8 year. The vendors at these fundraisers are often in the City only for the event and only for a few 9 days at most. The City wishes to exempt certain vendors who provide these goods at events 10 held by nonprofit organizations from business license taxes in order to encourage their 1 l participation,to demonstrate that the City welcomes these events in the community,and to assist 12 in continuing to make these events possible. This ordinance does not increase any business 13 license tax or impose any new tax on any person. 14 15 Section 2. Subsection 6.04.240(a) is amended to read as follows: 16 (a) Charitable and Nonprofit Organizations. 17 (1) The license provisions of this code shall not be deemed or construed to require the 18 payment of a license fee to conduct, manage or carry on any business, or require the payment 19 of any license fee from any institution or organization which is conducted,managed or carried 2 0 on solely for the benefit of charitable purposes or from which profit is not derived either directly 21 or indirectly by any person, if such business is exempt from the payment of bank and 22 corporation taxes by Sections 23701 of the Revenue and Taxation Code, nor shall any license 23 be required for the conducting of any entertainment, concert, exhibition, lecture or scientific, 24 historical, religious or moral services whenever the receipts of such entertainment, concert, 25 exhibition or lecture are to be appropriated to any church, school or to any religious or 26 benevolent purpose within the city; nor shall any license be required for the conducting of any 27 entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, 28 educational, military, state, county or municipal organization or association whenever the f 1 receipts of any such entertainment, dance,concert, exhibition or lecture are to be appropriated 2 for the purpose and objects for which such association or organization was formed and from 3 which a profit is not derived either directly or indirectly by any person;provided,however,that 4 nothing herein contained shall be deemed to exempt any institution or organization from 5 complying with the provisions of any of the ordinances of the city requiring such institution or 6 organization to obtain a permit from the city to conduct, manage or carry on such business. 7 (2) The license provisions of this code shall not be deemed or construed to require the 8 payment of a license fee to conduct, manage or carry on any business in the city that consists 9 solely of selling foodstuffs,live plants,art work,or handicrafts at an event or market in the city 10 that is operated by any religious, charitable, fraternal, educational, military, state, county or 11 municipal organization or association. However,nothing herein contained shall be deemed to 12 exempt any such person from complying with the provisions of any of the ordinances of the city 13 requiring such a person to obtain a permit from the city to conduct, manage or carry on such a 14 business. 15 16 Section 3. This ordinance shall be published as required by law. 17 18 19 Mayor 20 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that 21 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 22 day of , 2008, and adopted thereafter at a regular meeting of the City 2 3 Council held on the day of , 2008, by the following vote: 24 AYES: COUNCILMEMBERS: 25 NOES: COUNCILMEMBERS: 26 ABSENT: COUNCILMEMBERS: 27 28 City Clerk - 2 - CITY 0 STAFF REPORT BURUNGAME AGENDA 9a ITEM# MTG. ATED JUNE 9Dm DATE February 4,2008 ORb TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY- DATE: February 4,2008 APPROVED BY: FROM: Jesus Nava, Finance Director 558-7222 SUBJECT: Resolution Setting A Public Hearing on March 17, 2008 at 7:00 p.m. to Consider Increasing the 2008 Solid Waste Rates by Five Percent(5%) within the City of Burlingame RECOMMENDATION: That the City Council approve a resolution setting a public hearing for March 17,2008 at 7:00 p.m., in the City Council Chambers to take public input on the proposed 5%rate adjustment for residential and commercial solid waste accounts. BACKGROUND: The City of Burlingame is a member of the South Bayside Waste Management Authority Joint Powers Agreement (SBWMA) and has an exclusive franchise agreement with Allied Waste Services for residential and commercial solid waste, residential recycling and residential green waste (brush & yard clippings). All 12 SBWMA member jurisdictions have a uniform franchise agreement with Allied Waste. The franchise agreement sets the methodology for establishing annual rates based on Allied's rate application for the subsequent calendar year. Rate adjustments are determined individually for each SBWMA member agency based on the Allied rate application and anticipated revenue shortfalls or surpluses from prior year activities. Revenue and expenses are estimated and maintained for each member city in individual balancing accounts. Each fall Allied submits its rate application for the next rate year. The rate application includes any changes in services and costs that may have been approved by the SBWMA Board of Directors during the current year. The SBWMA then reviews the annual solid waste rate proposals submitted by Allied for compliance with the franchise agreement. Hilton,Farnkopf and Hobson (HFH), a consulting firm specializing in rate analysis, reviews the rate application and makes rate adjustment recommendations to the SBWMA member cities. The recommended rate adjustment for 2008 is 5%based on increases in labor costs incurred by Allied Waste Company; increases in the tipping fees charged by SBWMA at the transfer station; the need to fund additional recycling services and program administered by the City of Burlingame; and the need to maintain a surplus in the city's balancing account. The City of Burlingame increased solid waste rates by 5% for the 2007 rate year. 1 Y DISCUSSION: The initial rate adjustment recommended by HFH for 2008 based on the Allied Rate Application (September 2007)was 3.5%. A further review and audit of the 2008 rate proposal by and HFH and SBWMA reduced the rate adjustment to approximately 1%. On January 24, 2008, the SBWMA Board voted to increase the tipping fees at the SBWMA- owned transfer station by$2.00 a ton for solid waste (garbage) and $4.00 a ton for plant material (green waste). The tipping fee increases added 0.3%to the rate proposal for a new rate adjustment of 1.23%. The rate adjustment is rounded up to 2%to cover any costs that may occur over the next twelve months but were unanticipated by the Allied Rate Application. While the cost and revenue analysis is very good, it is still subject to change given economic market forces such as fluctuations in residential and commercial accounts and increases in collection costs that may be unknown when rates are determined. In addition, the City of Burlingame does not implement its rate adjustments retroactively(back to January 0). The cost increases for the first quarter of the rate year are absorbed in the remainder of the year. The City of Burlingame is also interested in augmenting the current level of recycling services and programs offered to residential, multifamily and commercial customers within the city limits. An additional rate adjustment of 2% in residential and commercial solid waste rates is proposed to provide financial resources for the city to implement those programs. The remaining 1%rate adjustment is proposed to build and maintain an ongoing reserve in the City of Burlingame's balancing account aside from any potential year-end surpluses. At the end of the current franchise period(December 31, 2010), the city will have to reconcile and pay any and all remaining costs that may be due to Allied Waste. The intent is to build a reserve to cover any and all costs that may be due to the company at the end of the franchise. The annual, year-end surpluses are used to cover unanticipated costs within a rate year and to decrease subsequent rate year increases. Building a reserve will help prevent a potential spike in the 2010 or 2011 rate year once the franchise termination costs are determined and applied to each SBWMA member city. Breakdown of Proposed 2008 Rate Adjustment Anticipated Collection and Disposal Costs 2% City of Burlingame Initiated Recycling Programs 2% Franchise Termination Reserve 1% Total Rate Adjustment: 5% City of Burlingame Solid Waste Rate Adjustments Rate Year: 2005 2006 2007 2008 Proposed Rate Adjustment: 0% 2 The following table provides examples of the affects of the rate adjustment on the most common types of solid waste accounts. City of Burlingame,CA Monthly Solid Waste Rates for 2008 Customer 2007 Rate 2008 Rate Increase Increase Service Level Current Proposed Amount Percentage Residential: 32 gallon can $13.57 $14.24 $0.68 5% 64 gallon can $27.13 $28.49 $1.36 5% 95 gallon can $40.27 $42.28 $2.01 5% Commercial: 95 gallon bin $40.27 $42.28 $2.01 5% 1 yard bin $85.62 $89.90 $4.28 5% 3 yard bin $256.85 $269.69 $12.84 5% Proposition 218 Noticing Requirement Solid Waste rate adjustments are subject to Proposition 218 noticing requirements and proceedings. The Proposition 218 notice is attached and scheduled for mailing on February 1, 2008 as an enclosure to the regularly scheduled Allied Waste bill. The March 17, 2008 public hearing will service as the protest hearing and must be held at least 45 days after the mailing of the notice. The City Clerk will tally any protests after the public hearing and if less than a majority of the ratepayers lodge a protest, then the Council can adopt the new rates. The rate adjustments are not retroactive to January 1, 2008. They are effective on the date of Council approval, but are implemented April 1, 2008 as part of the Allied Waste quarterly billing cycle. ATTACHMENTS: A Resolution of the City Council Of the City of Burlingame Setting A Public Hearing on March 19, 2007 at 7:00 p.m. to Consider Increasing the 2007 Solid Waste Rates by Five Percent (5%) in the City of Burlingame Proposition 218: "Notice Of Intent To Increase Solid Waste/Recycling Rates In The City Of Burlingame" 3 CITY G BURUNGAME 1b0-_ 900 DNYTCD JUNE 4 The City of Burlingame City Hall—501 Primrose Road Burlingame,CA 94010-3997 NOTICE OF INTENT TO INCREASE SOLID WASTE/RECYCLING RATES IN THE CITY OF BURLINGAME The City Council of the City of Burlingame hereby gives public notice of its intent to approve increases in the existing residential and commercial rates within the City of Burlingame for the collection of solid waste and recyclable materials. The City Council plans to consider this rate increase at the public hearing on March 17, 2008 at 7:00 p.m. at the Burlingame City Hall. The need for this increase has been comprehensively discussed by the South Bayside Waste Management Authority(SBWMA)Board of Directors. The City of Burlingame is a member of the SBWMA and along with the other 11 public agencies has a uniform franchise agreement with Allied Waste Company. NEW RATES The intended new rates would increase up to a maximum of 5% effective April 1, 2008. The following table provides the increase for the most common residential and commercial rates. City of Burlingame, CA Monthly Solid Waste Rates for 2008 Customer 2007 Rate 2008 Rate Increase Increase Service Level Current Proposed Amount Percentage Residential: 32 gallon can $13.57 $14.24 $0.68 5% 64 gallon can $27.13 $28.49 $1.36 5% 95 gallon can $40.27 $42.28 $2.01 5% Commercial: 95 gallon bin $40.27 $42.28 $2.01 5% 1 yard bin $85.62 $89.90 $4.28 5% 3 yard bin $256.85 $269.69 $12.84 5% All other rates will be increased 5% uniformly. A detailed rate sheet showing all 2008 proposed rates can be requested from the City Clerk. CADocuments and Settings\jnava\My Documents\2008 Rate Review\Prop 218 Notice.doc Page 1 NECESSITY FOR THE NEW RATES The new rates are necessary due to the terms of the existing franchise agreement between the City of Burlingame and Allied Waste Company, which provide for fees to be set to give the solid waste contractor a rate of return based on an approved cost proposal. The contractor's costs have increased in the current year as have the tipping fees at the SBWMA Waste Transfer Station as set by the SBWMA Board of Directors. In addition, the City of Burlingame desires to augment its balancing account to cover the costs of providing additional recycling services and programs to solid waste customers. The City Council of the City of Burlingame hereby gives notice of a public hearing to be held at its meeting of March 17, 2008, at 7:00 p.m. at the Burlingame City Hall, 501 Primrose Road, Burlingame, CA. At this hearing, the City Council will consider public comment as well as written protests by ratepayers against the proposed increase in solid waste/recycling fees. If written protests are presented by a majority of the affected ratepayers prior to the close of the public hearing, the City Council will not increase the rates as a matter of State law. If you would like additional information on the proposed rates,please call the Burlingame Finance Department at 650-558-7222 or visit our website at www.burlingame.org If you wish to file a written protest,please send a letter in a sealed envelope addressed to Solid Waste Rates, City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. Your letter must identify the real property you own or rent by street address and assessor's parcel number. Your letter must be legibly signed by any one of the current property owners or ratepayers of record. The City of Burlingame must receive your letter at City Hall by 5:00 p.m. on March 17, 2008, or it must be presented at the City Council meeting on March 17, 2008 prior to the close of the public hearing on the matter. Any person interested, including all solid waste/recycling collection customers of the City of Burlingame, may appear at the public hearing and be heard on any matter related to the proposed increase in rates. For mailing distribution on Febniary 1, 2008 by Allied Waste Company on behalf of the City of Burlingame. CADocuments and Settings\jnava\My Documents\2008 Rate Review\Prop 218 Notice.doc Page 2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SETTING PUBLIC HEARING TO CONSIDER RATE INCREASE FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES FOR ALLIED WASTE IN THE CITY OF BURLINGAME RESOLVED,by the City Council of the City of Burlingame: WHEREAS, Allied Waste holds a franchise from the City to collect and dispose of refuse and various recyclables within the City; and WHEREAS,.pursuant to that franchise and Municipal Code Section 8.16.040, Allied Waste has applied for a rate increase for its services; and WHEREAS, the rate request has been reviewed by the South Bayside Waste Management Authority and its independent consultant to ensure that the proposed rates are fully justified and equitable; and WHEREAS,the City is providing mailed notice to all solid waste ratepayers in the City of the proposed rates; and WHEREAS, a public hearing is to be held to consider the rates,to receive testimony from any interested persons, and to determine if a majority protest to the rates has occurred under State law, i NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. A public hearing shall be held on March 17, 2008, at 7:00 p.m. in the City Council Chambers at City Hall, 501 Primrose Road, Burlingame, California, to consider the proposed rates, to receive testimony from any interested persons, and to determine if a majority protest to the rates has occurred under State law. Following the public hearing, the City Council may decide to approve the rates or take such other action as it determines is proper and appropriate. MAYOR 1 I,DORIS MORTENSEN,City Clerk of the City of Burlingame,do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of 2008, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 2 CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 9b 0MTG. 4co9 90 p �AATED JUNEb DATE 2/4/OS TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTEIg BY DATE: January 22, 2008 APPROVED FROM: Doris Mortensen, City Clerk By 650-558-7203 SUBJECT: Recommendation to Adopt Revised 2008 City Council C lendar RECOMMENDATION: To review, make changes if necessary and approve the Revised Burlingame City Council Calendar for 2008 reflecting the addition of the Council Budget Study Session on May 28, 2008. EXHIBITS: 2008 Revised Burlingame City Council Calendar fish REVISED 2008 BURLINGAME CITY COUNCIL CALENDAR City Council meetings are held on the fust and third Monday of each month. When Monday is a holiday,the meeting is usually held on Tuesday or Wednesday. Study meetings are held as scheduled. Meetings begin at 7:00 p.m. at City Hall, 501 Primrose Road,and are open to the public. Regular Council meetings are televised live via Burlingame's Cable Channel 26 for RCN subscribers and Channel 27 for Comcast subscribers. For more information,please view the City's website at www.burlingame.or or call the City Clerk at 650-558-7203. REGULAR MEETINGS Monday, January 7 Monday, July 7 (tentative) Tuesday, January 22 Monday, July 21 Monday, February 4 Monday, August 4 (tentative) Tuesday, February 19 Monday, August 18 Monday, March 3 Tuesday, September 2 Monday, March 17 Monday, September 15 Monday, April 7 Monday, October 6 Monday, April 21 Monday, October 20 Monday, May 5 Monday, November 3 Monday, May 19 Monday, November 17 Monday, June 2 Monday, December 1 Monday, June 16 Monday, December 15 (tentative) STUDY MEETINGS AND OTHER DATES Saturday, January 26 2008/09 Goals Session, 9 a.m., Recreation Center Wednesday, February 27 2008/09 Budget Session, 6 p.m., Lane Room, Main Library Friday, March 14 Commissioner's Dinner Saturday, April 5 Joint Council and Planning Commission Meeting, 9 a.m. Wednesday, May 28 2008-09 Budget Session, 6 p.m., Lane Room, Main Library Wednesday, June 11 City Manager's fiscal year-end review, 5:30 p.m. Wednesday, December 3 City Manager's fiscal mid-year review, 5:30 p.m. 1/22/2008 10:36 AM Agenda 9c Item Meeting BURLINGAME Date: February 4, 2008 STAFF REPORT .cam SUBMITTED B51( Ll 7 APPROVED BY TO: HONORABLE MAYOR AND CITY COUNCIL DATE: January 24, 2008 FROM: PUBLIC WORKS SUBJECT: RESOLUTION EXTENDING THE DEPOSIT OF FUNDS FROM APPLE COMPUTERS AT 1301 BURLINGAME AVENUE FOR STREETSCAPE IMPROVEMENTS, PROJECT NO. 320-75110-220 RECOMMENDATION: It is recommended that Council approve the attached resolution extending the deposit of funds from Apple Computers for the purpose of streetscape improvements. BACKGROUND: In 2003 the Apple Computer store was required by the Planning Commission to construct streetscape improvements along the property frontage at 1301 Burlingame Avenue. Because the details of the streetscape plan were not complete, the City required the project developer to deposit $215,000 for the future design, engineering and construction of the improvements. The deposit includes $150,000 for the streetscape bulb out and $65,000 for the sidewalk as well as landscape improvements. DISCUSSION: The funds were deposited in anticipation that the streetscape improvements would be complete within five years. Since that time, Council has directed staff to pursue a Specific Area Plan (SAP) for the downtown with a streetscape plan to follow. Because of this delay, the funds need to remain on deposit until the design, engineering and construction of these improvements are complete. Pursuant to Government Code Section 66001, staff recommends that Council extend the deposit of the funds until 2013. Upon the development of SAP and streetscape plan, the deposited funds would be available for streetscape improvements within the next five years. S:\A Public Works Directory\Staff Reports\1301 Burlingame Ave 2-4-08 SR.doc BUDGET IMPACT: None. EXHIBITS: Resolution, Finance Department memo regarding Apple Computer Deposit Jane Gomery Program Manager c: Ann VanZanten,Apple Computer Jim Nantell,City Manager;Syed Murtuza, Director of Public Works Larry Anderson, City Attorney; Bill Meeker,Community Development Director Doris Mortensen, City Clerk SAA Public Works Directory\Staff Reports\7307 Burlingame Ave 2-0-08 SR.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001 REGARDING DEPOSIT OF FUNDS MADE BY APPLE COMPUTER FOR STREETSCAPE IMPROVEMENTS AT 1301 BURLINGAME AVENUE (ENCROACHMENT PERMIT 11810 — PROJECT NO. 320-75110-220) RESOLVED, by the City Council of the City of Burlingame: WHEREAS, in 2003, Apple Computer deposited $150,000 toward streetscape bulbout improvements and $65,000 toward sidewalk improvements in the immediate vicinity of 1301 Burlingame Avenue; and WHEREAS, the deposited amounts directly relate to the 2003 cost estimate for the improvements, and those costs have continued to escalate; and WHEREAS, the City is currently developing the Burlingame Avenue Specific Plan that will establish the streetscape requirements for the area; and WHEREAS, it is estimated that design and construction of these specific improvements could occur no later than 2013; and WHEREAS, the public information required by Government Code Section 66006 has been provided, and that information confirms that the monies are on deposit and no expenditures from the funds have been made, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1 . The funds deposited in connection with Encroachment Permit 11810 in Project No. 320- 75110-220 shall remain on deposit pursuant to the findings stated above for use in the design and construction of the streetscape improvements in the immediate vicinity of 1301 Burlingame Avenue, Burlingame, and in particular, the bulbout area at the corner of Burlingame Avenue and Park Road, and the sidewalk in front of 1301 Burlingame Avenue. This deposit shall be further reviewed no later than March 2013 if the funds have not been expended or refunded by that time. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of , 2008, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: 1 ABSENT: COUNCILMEMBERS: CITY CLERK 2 2 MEMORANDUM BURUNGAME Finance Department OQ 9 DAATEDJ NE6' January 16, 2008 To: Syed Murtuza From: Mary Asturias Re: Apple Computer Deposit Apple computer deposited a sum of $215,000 with the City of Burlingame for off- site streetscape public improvements on July 25, 2003. The City deposited the funds in a deposit account. The fund has earned no interest. None of the funds have been expended on the construction of streetscape improvements. This construction is contingent on the completion of a downtown plan. No transfers, loans or refunds have been made from the account. The current balance in the account is $215,000. PRINTED ON RECYCLED PAPER CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME APPROVED MINUTES City Council Chambers 501 Primrose Road - Burlingame, California January 14, 2008 - 7:00 p.m. I. CALL TO ORDER Vice-Chair Terrones called the January 14, 2008 regular meeting of the Planning Commission to order at 7:01 p.m. IL ROLL CALL Present: Commissioners Auran, Osterling, Terrones and Vistica Absent: Commissioners Cauchi and Brownrigg Staff Present: Community Development Director, William Meeker; Senior Planner, Maureen Brooks; and City Attorney, Larry Anderson III. MINUTES Commissioner Osterling requested a transcript of the Commissioners' comments following the second scoping hearing regarding the project at 755 California Drive. RT— See minutes CommissionerAuran moved, seconded by Commissioner Vistica to approve the minutes of the December 10, 2007 regular meeting of the Planning Commission, with the following changes: ■ Page 2, bottom of page; show vote on Consent Calendar as 4-0-1-1 ■ Page 8, first bullet point under discussion of motion; add "including a limousine"at the end of the sentence. ■ Page 13, third bullet point under additional Commission comments; add: `7t would be unfortunate if this project taints the community towards that evolution". Motion passed 3-0-1-2(Commissioners Cauchi and Brownrigg absent, Commissioner Osterling abstained) IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR Pat Giorni, 1445 Balboa Avenue; feels that a study should be done of California Drive between Oak Grove and Carmelita; possibly as part of the Downtown Specific Plan. The Comerica Bank remodel is coming along better than expected; glad Commissioners spent so much time on the matter. Commented on the new sign posting requirement. Received a notice letter for a minor modification for neighbor's property; noted that she appreciated the type of notification that goes out with that type of application and encouraged using the same type of noticing for project appearing on the Commission's agenda. 1 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14,2008 VI. STUDY ITEMS 1. 1860 EL CAMINO REAL, ZONED ECN—APPLICATION FOR PARKING VARIANCE TO CONVERT GENERAL OFFICE SPACE TO MEDICAL OFFICE IN AN EXISTING OFFICE BUILDING (MARCO CHAVEZ,APPLICANTAND PROPERTY OWNER;AND KRJ DESIGN GROUP,DESIGNER) PROJECT PLANNER: ERICA STROHMEIER Senior Planner Brooks presented a summary of the staff report,dated January 14,2007. Commission comments: • Encourage employees to park on CalTrain lot. • Identify types of medical office uses that will be present on property. • Lease agreement with CalTrain needs to be in place. • Variance permits consideration of off-site parking. • The undersized parking spaces are an existing condition that does not require consideration of a Variance. • Handicapped spaces need to be shown in parking lot. • How will handicapped accessibility be handled;are there different standards for a medical office use; no access from rear of building for handicapped access. • The two adjacent buildings have landlocked parking;are there easements across this lot;need to see the easements and how access is achieved;needs to be shown on plan. • Application indicates that they are providing 52 additional stalls on Caltrain property,but plan shows 70 additional stalls;which is it;clarify. • The City's parking mitigation fee applies only to properties in the downtown area. This item was set forthe regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:20 p.m. 2. 329 PRIMROSE ROAD,ZONED C-1,SUBAREA A-APPLICATION FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR AREAL ESTATE OFFICE ON THE SECOND FLOOR IN BURLINGAME AVENUE COMMERCIAL AREA, SUB-AREA A (KIRK SYME, WOODSTOCK DEVELOPMENT INC, PROPERTY OWNER AND APPLICANT;S.J.SUNG ARCHITECTS,ARCHITECT) PROJECT PLANNER: ERICA STROHMEIER Community Development Director Meeker presented a summaryof the staff report,dated January 14,2008. Commission comments: • Provide cost of parking mitigation. • On the demolition plan it appears that the existing elevator to the second floor is being removed;how is disabled accessibility being handled. This item was set for the regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:22 p.m. 2 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 VII. ACTION ITEMS Consent Calendar- Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a Commissioner prior to the time the Commission votes on the motion to adopt. Vice-Chair Terrones asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 3a. 827 CROSSWAY ROAD,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FORA FIRST AND SECOND STORY ADDITION (CHRISTIAN DAUER, APPLICANT AND ARCHITECT; AND MIKE CARUSO, PROPERTY OWNER) PROJECT PLANNER LISA WHITMAN Commissioner Auran moved approval of the Consent Calendar based on the facts in the staff reports, Commissioner's comments and the findings in the staff reports, with recommended conditions in the staff reports and by resolution. The motion was seconded by Commissioner Osterling. Vice-Chair Terrones called fora voice vote on the motion and itpassed 4-0-2(Commissioners Cauchi and Brownrigg absent). Appeal procedures were advised. VIII. REGULAR ACTION ITEMS 4. 1100 OXFORD ROAD,ZONED R-1 —APPLICATION FOR FENCE EXCEPTION FOR A NEW F-0"HIGH FENCE WITHIN THE FRONT SETBACK (MICHAEL ZAWADSKY, APPLICANT AND PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER �- Reference staff report dated January 14, 2008, with attachments. Senior Planner Brooks presented the report, reviewed criteria and staff comments. Four(4) conditions were suggested for consideration. Vice-Chair Terrones opened the public hearing. Michael and Susan Zawadsky, 1100 Oxford Road, Burlingame; represented the applicant. Commission comments: • Asked if the existing fence is a joint fence. Clarified that existing fence already exceeded height limit, including the hedge. Public comments: Brian Perry and Karen Perry, 1521 California Drive; Kathleen Barras, 1529 California Drive; Pat Giorni, 1445 Balboa Avenue; commented on the project: PG & E prefers that the fence not be any taller than 5-feet; prior property owner increased the height of the fence without a permit, but no code enforcement action ever occurred; vegetation needs to be kept under control due to a rat problem; the neighbor would like the old fence taken down so that it doesn't collapse on his property; don't wish to see preferential treatment of properties on Oxford Drive versus properties on California Drive. Additional Commission Comments: From an aesthetic standpoint, with or without fence, is height of vegetation acceptable? • Need to address condition of existing fence and vegetation. • If old fence is removed, would neighbor be happy? No problem with the fence, it is not blocking views. 3 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 • Could privacy issues be mitigated without a fence? • Can appreciate need for exception for California Drive side, but not on other side, should reduce height and enhance with planting. • The old fence should be removed. • This matter should have gone to conflict resolution. • A unique condition exists in that this is a corner lot,with California Drive as a rear yard; supports the request for an exception. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the exception forthe front property line fence along California Drive. Commissioner Auran moved to approve the exception to permit the fence on the front property line to be maintained at a height of 7'6" by resolution, with the following amended conditions: 1. that the project shall be built as shown on the site plan submitted to the Planning Department on October 30, 2007; 2. that the applicant shall obtain a building permit for the fence; 3. that if the fence is demolished or the envelope changed at a later date the fence exception, as well as any other exceptions to the code granted here, will become void; and 4. that the project shall meet all the requirements of the California Building and Fire Codes, 2007 edition, as amended by the City of Burlingame. The motion was seconded by Commissioner Vistica. Vice-Chair Terrones called for a voice vote on the motion to approve. The motion passed 4-0-0-2 (Commissioners Cauchi and Brownrigg absent). Commissioner Auran moved to approve the fence on the right side property line at a height of 7'6". Motion died for lack of a second. Commissioner Vistica moved to approve the exception to permit the fence on the right side property line at the existing height (8'-0'), by resolution, with the following amended conditions: 1. that the project shall be built as shown on the site plan submitted to the Planning Department on October 30, 2007; 2. that the old fence shall be removed, and the vegetation shall be trimmed to a level agreed upon by the applicant and the adjacent neighbor; 3. that the applicant shall obtain a building permit for the fence; 4. that if the fence is demolished or the envelope changed at a later date the fence exception, as well as any other exceptions to the code granted here, will become void; and 5. that the project shall meet all the requirements of the California Building and Fire Codes, 2007 edition, as amended by the City of Burlingame. 4 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 The motion was seconded by Commissioner Osterling. Vice-Chair Terrones called for a voice vote on the motion to approve. The motion passed 4-0-0-2 (Commissioners Cauchi and Brownrigg absent). Appeal procedures were advised. This item concluded at 8:17 p.m. 5. 1320 CASTILLO DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE(JAMES CHU, CHU DESIGN&ENGR., INC.,APPLICANTAND DESIGNER;TONY LEUNG, PROPERTY OWNER)PROJECT PLANNER: RUBEN HURIN Reference staff report dated January 14, 2008, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Thirteen (13) conditions were suggested for consideration. Vice-Chair Terrones opened the public hearing. James Chu, 55 W. 43rd Avenue, San Mateo; represented the applicant. Commission comments: • Discussed the construction of the stone patio; a sump pump is to be provided to drain the area; requested that the stones be set in sand to permit drainage into the ground. Asked if the Acacia tree in the City easement could be removed? • Proper placement of an electric gate on the driveway would permit access to home from courtyard/patio area. • Planting strips in driveway haven't been provided; porch modification hasn't been addressed;there has been no response to rear balcony concerns. The applicant noted that there were changes made to the landscape plan, such as using pervious crushed granite paths, to address concerns with drainage, the proposed fountain was eliminated, the applicant wanted to retain the rear balcony, and changes were made to the porch to make it more prominent. Commissioner Osterling revealed that his property is within 500-feet of the comerof the subject property, he then recused himself and left the dais. A quorum of Commission members was no longer present;remaining members reviewed the item as a sub- committee of the Commission. Public comments: Pat Giorni, 1445 Balboa Avenue; felt there was no real change in the plans; doesn't feel the Commission concerns have been addressed. Approximately 1,650 square feet of permeable surface on a 6,000 square foot lot; wants to know if driveway and turn-around are taken into consideration on figures on site plan. Drainage has not been addressed. Will water table be high; will sump pumps need to remove water after normal rains? Page A5; how does one access porch. Upper rear balcony could be limited to a smaller area to enhance privacy at rear; area could be used to expand front porch. There is a bathroom for every bedroom; is building boarding house conditions into single-family dwellings; easy to rent out rooms. Needs more meaningful change. There were no further comments and the public hearing was closed. 5 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 Since a quorum of members was not present for the discussion, no action could be taken. The sub- committee of the Commission felt that the matter could be placed on the next available agenda, on the Action Calendar. This item concluded at 8:34 p.m. Commissioner Osterling returned to the dais. 6. 1404 MILLS AVENUE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FORA FIRST AND SECOND STORY ADDITION AND NEW DETACHED GARAGE (STEVE LESLEY,APPLICANT AND ARCHITECT; AND JAVED MAQSOOD AND SHARMEEN AHMED, PROPERTY OWNERS) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 14, 2008, with attachments. Senior Planner Brooks presented the report, reviewed criteria and staff comments. Eleven (11) conditions were suggested for consideration. Vice-Chair Terrones opened the public hearing. Steven Lesley, 588 Mastick Avenue, San Bruno; represented the applicant. Commission comments: • Clarified that attic vents will be of wood. • Noted that windows are Andersen wood clad. • Elevations are nicely organized. • Sheet A6; the belly band detail goes part way across back elevation; called out as a stucco mold; discouraged use of foam trim. • Sheet A6; molding looks like it stops near the window; would look more complete if it tied into the window. Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; property is not overly paved —this architect addressed all Commission concerns expressed at Design Review Study session. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 20, sheets A-1 through A-8, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the attic vents shall be constructed of painted wood; 3. that the belly band shown on the plans shall be painted wood, not foam; 4. that the conditions of the Chief Building Official's April 24, 2007 memo, the City Engineer's April 20, 2007 memo, the Fire Marshal's April 23, 2007 memo, and the NPDES Coordinator's April 25, 2007 memo shall be met; 6 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 14, 2008 5. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 6. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 7. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 8. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 10. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 11 . that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 12. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; and 13. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Osterling. Vice-Chair Terrones called for a voice vote on the motion to approve. The motion passed 4-0-0-2 (Commissioners Cauchi and Brownrigg absent). Appeal procedures were advised. This item concluded at 8:45 p.m. 7 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 IX. DESIGN REVIEW STUDY ITEMS i 7. 1417 CABRILLO AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN & ENGR., INC., APPLICANT AND DESIGNER; ALVIN YANG, PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 14, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Vice-Chair Terrones opened the public comment period. ■ Staff was asked to request that the owner clean up the property in the interim. James Chu, 55 W. 43rd Avenue, San Mateo; represented the applicant. Commission comments: ■ Nice design with larger front porch. ■ Sheet A5; windows on either side of fireplace; smaller, higher windows would give the owner more wall space in the interior for furniture arrangement. ■ A door onto the front porch from the living room could add to the circulation. ■ Landscape plan; the Coast Redwood at the rear corner is too large; encouraged a smaller scale tree at that location; Bay Laurel or similar species. ■ Add an electric gate at front of property, on the driveway. ■ Add more glass; seems to not be enough window space, especially on the front of the house. ■ Concern about bedroom and bathroom count (bathrooms equal or exceed bedrooms). ■ A bit of a layer cake; is there some way to break up massing. ■ How much off-haul (soil) will be taken from the site? ■ Encouraged use of stone set in sand or other material rather than a colored concrete patio. Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; the landscape plan is almost the same as the prior Chu project this evening. Is the driveway counted as part of the lot coverage? Most of the open space is being lost. Chimney doesn't add anything other than mass; why can't it be handled like the rear chimney. Front porch is generous. How will drainage be affected by excavation? Concern regarding the number of bedrooms and baths; designed as a ready-made boarding house. Projects of this type add to the City's storm drainage problems. The City needs to re-consider allowing the construction of "spec" homes. There were no other comments from the floor and the public hearing was closed. Commissioner Auran made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Osterling. Discussion of motion: ■ Commissioner Vistica indicated that he would like to have applicant consider the comments made regarding off-haul and permeable surfaces before the project returns. Vice-Chair Terrones called for a vote on the motion to place this item on the Consent Calendar when plans 8 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14,2008 have been revised as directed. The motion passed on a voice vote 4-0-0-2(Commissioners Cauchi and Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:00 p.m. 8. 1641 LASS EN WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING (ROB AND ESTHER HAPP, APPLICANT; OLGA HAPP, PROPERTY OWNER; AND UNA KINSELLA, ARCHITECT) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 14,2008,with attachments. Senior Planner Brooks briefly presented the project description. There were no questions of staff. Vice-Chair Terrones opened the public comment period. Robb and Heather Happ, 1641 Lassen Way and Una Kinsella, 1501A Vermont Street, San Francisco; represented the applicant. Home has been in family for 45 years. One bathroom home. Want to raise their family in the home. • Attempted to meet with neighbors over the week-end;received 26 signatures;no negative feedback. • Similar in size and height to another project recently done in area. Trees in front will soften the front elevation. Commission comments: Complemented the design. 4"x 4"brackets should be bigger;perhaps 4"x 6". Call out the size of the wood detail above upper windows. Consider a lighter roof color for energy efficiency. • Asked about base detail for home;will shingles go to the ground? Intend to have a planter in front of living room window to cover the base. Other exposed walls are behind porch; area will be landscaped. Clarified that a single line of brick will serve as the border of the concrete path;and that dividers are brick as well. In the rear-yard,consider replacing the Acacia tree(note:the applicant believes that is an error in labeling). Work out details of windows under eave on front porch to ensure that they remain part of the design. Garage doors have nice character;ensure that the project moves forward with same detail. Include other elements in the right side-yard other than lawn,consider pavers and plantings. Sand-set new patio pavers to create a more permeable surface. Public comments: There were no other comments from the floor and the public hearing was closed. Commissioner Vistica made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Osterling. 9 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 Vice-Chair Terrones called for a vote on the motion to place this item on the Consent Calendar when plan: have been revised as directed. The motion passed on a voice vote 4-0-0-2 (Commissioners Cauchi and Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:15 p.m. Commissioner Vistica recused himself and left the dais, since he is the property owner for the following item. Lacking a quorum of members, the remaining members met as a sub-committee of the Planning Commission on the following matter. 9. 24 ARUNDEL ROAD, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND FLOOR AREA RATIO VARIANCE FOR A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING (STANLEY VISTICA AND LISA HAPPICH, APPLICANT AND PROPERTY OWNERS; AND STANLEY VISTICA ARCHITECT) PROJECT PLANNER RUBEN HURIN C.Vistica recused himself from the proceedings because he is the property owner and applicant and left the dais. Reference staff report dated January 14, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Vice-Chair Terrones opened the public comment period. Stanley Vistica and Lisa Happich, 24 Arundel Road; represented the applicant. • Most of the mass is articulated; plate heights vary. • Replacing the porch; using details that are consistent with existing style. • Added area will be clad in stucco. • Variances requested because existing basement has top of floor joist more than two feet above grade (only 6' 9" of headroom and can't be expanded, but contributes to the floor area, though not habitable). There are some spaces in living area with ceiling heights of more than 12-feet; these areas must be counted twice per the Burlingame codes. • Front landscaping is to remain as is; wish to keep three consecutive properties with lawns. • Driveway will be strips to reduce impermeable surfaces. • Pavers will be placed under the Oak tree. • A garden area is being created in the rear-yard. Commission comments: • Need some vertical elements as part of the landscape plan for the front yard; can be placed nearthe house. • Clarify that the existing Oak tree is probably 48-inches in circumference, not in diameter. • Clarify that some existing wood windows will remain and that new windows will be of wood construction to match the existing windows. • Suggested finding a more suitable resolution to the transition in finishes (siding to stucco) on the .,saddle bag" on the left elevation. • Clarify that the greenhouse window on the rear elevation does not break the eave; that it is in the same plane as the roof. • On the dormer across the front, the sill is real close to the roofline, clarify. • There is a compelling argument for support of the Variance; the lot is large and there are man) areas of the home that count as square footage, but are not habitable areas, that contribute to the excess square footage. 10 CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes January 14, 2008 Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; did the math on the Variance; the house is actually smaller than would normally be allowed on a lot of that size. Mr. Vistica asked if the Commission would accept the next drawings at half-size? Further Commission comments: ■ Provide color renderings. ■ Half-size plan sheets are acceptable. There were no other comments from the floor and the public hearing was closed. City Attorney Anderson suggested bringing the item back on the Action Calendar, since findings for the Variances must be made. No action could be taken due to a lack of a quorum. This item concluded at 9:38 p.m. Commissioner Vistica returned to the Dais. 10. 1212 CABRILLO AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, FRONT SETBACK VARIANCE TO SECOND FLOOR AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (MARK ROBERTSON, APPLICANT AND DESIGNER; AND DAVE AND WENDY UPCHURCH, PROPERTY OWNERS) PROJECT PLANNER: RUBEN HURIN Reference staff report dated January 14, 2008, with attachments. Senior Planner Brooks briefly presented the project description. There were no questions of staff. Vice-Chair Terrones opened the public comment period. Mark Robertson, 918 E. Grant Place, San Mateo; represented the applicant. Commission comments: ■ Generally a nice application. ■ Is there a specific purpose for the shower in the downstairs bathroom? ■ On east elevation, clarify hip roof area. ■ Suggested making the element on the second floor that creates the need for the Variance a bit more "humble", perhaps a shed roof similar in design to the existing feature. ■ Clarify details on front porch elevation on east and west elevations. ■ Ensure that the door on the front will be the one installed. ■ Need something more substantial that the three Camellias in the front-yard; something of a more vertical orientation. ■ Provide an electric gate on the driveway; the posts that the gate is mounted to appear "weak". Public comments: There were no other comments from the floor and the public hearing was closed. 11 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14,2008 Commissioner Auran made a motion to place the item on the RegularAction when complete. This motion was seconded by Commissioner Osterling. Vice-Chair Terrones called fora vote on the motion to place this item on the RegularAction Calendar when plans have been revised as directed. The motion passed on a voice vote 4-0-0-2(Commissioners Cauchi and Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:53 p.m. 11. 729 CONCORD WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW FORA FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (GEURSE CONCEPTUAL DESIGN, INC., APPLICANT AND DESIGNER;PAULA.MATTEUCCI TR,PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN Reference staff report dated January 14, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Vice-Chair Terrones opened the public comment period. Jesse Geurse,405 Bayswater Avenue,Burlingame;represented the applicant. Commission comments: • Clarify that the new garden walls are to be brick. • Use sand-set brick for walk ways and patios. • Second-story deck is fine; it is set back from rear property quite some distance and is centrally located and trees keep it secluded. • Front of house is ornate, sides are naked, but rear is ornate again; side of house is primarily existing. Public comments: There were no other comments from the floor and the public hearing was closed. Commissioner Vistica made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Osterling. Vice-Chair Terrones called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 4-0-0-2(Commissioners Cauchi and Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 9:59 p.m. X. COMMISSIONERS'REPORTS There were no Commissioner's Reports. 12 CITY OF BURLINGAME PLANNING COMMISSION—Approved Minutes January 14, 2008 XI. DIRECTOR'S REPORT Commission Communications: • Director Meeker noted that the Community Development Department has worked with Comerica Bank to permit the bank to open without the awnings on the exterior elevations being installed; however, the department required a cash deposit equal to the value of the construction to ensure that the work is completed per the approved plans. Work should be complete within the next few weeks. • Beginning with this meeting, the Planning Division began posting public notice signs on properties that are the subject of Design Review requests for new construction. The department will monitor the effectiveness of the program over the course of the next year and report back to the Commission at the conclusion of the year. Recent City Council Actions: • The City Council considered the appeal of the Planning Commission's approval of the project at 2724 Martinez Drive at its meeting of January 7, 2008; approving the project with a modification to one of the conditions of approval (condition 3). FYI: 2561 Poppy Drive— requested changes to a previously approved design review project: • Accepted the design changes outlined by staff. FYI: 3105 Margarita Avenue—fence plan as required by conditions of approval: • Accepted the plans for reconstruction/repair of the fence between the property and 3101 Margarita Avenue. FYI: Peninsula Hospital Complaint Log: • There were no complaints during the month of December, 2007. • No action required. • Commissioner Osterling commended Mills-Peninsula Hospital on their maintenance of the construction site. XII. ADJOURNMENT • Meeting adjourned at 10:02 p.m. Respectfully submitted, Stanley Vistica, Secretary 13 • CITY OF BURLINGAME PLANNING COMMISSION BURLINGAME UNAPPROVED MINUTES f O R M r , City Council Chambers I 501 Primrose Road - Burlingame, California January 28, 2008 - 7:00 p. m. I. CALL TO ORDER Chair Cauchi called the January 28, 2008, regular meeting of the Planning Commission to order at 7:00 p. m. II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Osterling and Terrones Absent: Commissioner Vistica Staff Present: Community Development Director, William Meeker; Planner, Ruben Hurin; and City Attorney, Larry Anderson III. MINUTES Commissioner Osterling moved, seconded by Commissioner A uran to approve the minutes of the January 14, 2008 regular meeting of the Planning Commission, with the following change: ■ Page 2, final bullet under Item 2; change "handicapped" to "disabled". Motion passed 5-0- 1 (Commissioner Vistica absent). IV. APPROVAL OF AGENDA It was noted that Agenda Item 9, involving the property at 1008 Balboa Avenue, has been withdrawn by the applicant. V. FROM THE FLOOR ■ Pat Giorni, 1445 Balboa Avenue; commented that projects being approved still contain too much impervious surface. Even when sand is used as the base for patio and driveway areas, the water still sheet flows off of the property. Projects have too much lot coverage due to long driveways that aren't used. She also noted that it was interesting that the applicant for the project at 3066 Hillside Drive is still requesting clarifications to the plans, even after multiple hearings before the Planning Commission. She further expressed her hope that the FYI for 1535 Los Montes Drive is scheduled for the Commission's Action Calendar in the future; and that the Study Item for 34 Clarendon Road is also scheduled for an upcoming Action Calendar. ■ Commissioner Brownrigg requested that staff prepare a brief memorandum outlining why all water from lots is pumped to streets. He also noted an article in the San Mateo Daily Journal regarding public noticing in the City of San Mateo; citing that Burlingame's new site posting procedures could eliminate some of the problems that San Mateo is encountering. VI. STUDY ITEMS 1 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes January 28,2008 1. 34 CLARENDON ROAD, ZONED R-1 —APPLICATION FOR FRONT SETBACK AND RIGHT SIDE SETBACK VARIANCES FOR A FIRST FLOOR ADDITION TO A SINGLE FAMILY DWELLING(MR.G. RODRIGUEZ, APPLICANT AND PROPERTY OWNER; AND JOE PELA, DESIGNER) PROJECT PLANNER: ERICA STROHMEIER Planner Hurin presented a summary of the staff report,dated January 28,2008. Commission comments: • See no justification for a Variance;need to show a"hardship'for the Variance. • Letter from the City doesn't have"teeth"in it;the August 22,2007 letter should have included"cease and desist"language,not just a request to obtain permits from the City. • Could possibly support the Front Setback Variance if a nicely designed front-porch is included. • Who was the contractor that did the work? This item was set for the regularAction Calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:13 p.m. VII. ACTION ITEMS Consent Calendar-Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant,a member of the public or a Commissioner prior to the time the Commission votes on the motion to adopt. Chair Cauchi asked if anyone in the audience or on the Commission wished to call any item off the consen' calendar. There were no requests. 2a. 1730 ROLLINS ROAD,ZONED RR-APPLICATION FOR A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT FOR AUTO STORAGE FOR A TOWING BUSINESS AND AN AUTOMOBILE DEALER IN A DRAINAGE EASEMENT (MARC ROCHETTE, D& M TOWING, APPLICANT; FITNESS PROPERTIES LLC, PROPERTY OWNER) PROJECT PLANNER:MAUREEN BROOKS 2b. 1641 LASSEN WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORYADDITION TOAN EXISTING SINGLE FAMILY DWELLING(ROB AND ESTHER HAPP,APPLICANT; OLGA HAPP, PROPERTY OWNER;AND UNA KINSELLA,ARCHITECT) PROJECT PLANNER: LISA WHITMAN Commissioner Brownrigg moved approval of the Consent Calendar based on the facts in the staff reports, Commissioner's comments and the findings in the staff reports,with recommended conditions in the staff reports and by resolution. The motion was seconded by Commissioner Terrones. Chair Cauchi called fora voice vote on the motion and it passed 5-0-1(Commissioner Vistica absent). VIII. REGULAR ACTION ITEMS Commissioner Osterling recused himself from participating in the discussion regarding Item 3,since he resides within 500-feet of the subject property—he left the dais. 3. 1320 CASTILLO DRIVE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE(JAMES CHU,CHU DESIGN&ENGR., INC., APPLICANT AND DESIGNER; TONY LEUNG, PROPERTY OWNER) PROJECT PLANNER: 2 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes January 28, 2008 �. RU BE N H U RI N (CONTINUED FROM JANUARY 14, 2008 PLANNING COMMISSION MEETING) Reference staff report dated January 28, 2008, with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Fifteen (15) conditions were suggested for consideration. Chair Cauchi opened the public hearing. James Chu, 55 West 43rd Avenue, San Mateo; represented the applicant. ■ Only issue remaining is the second-floor balcony; have approached neighbors, they are "ok" with it. Commission comments: ■ Moving back second-floor balcony to be even with nook below would be an improvement and would protect the privacy of the neighbors. ■ Cantilevered balcony provides weather protection below, as well as assisting with drainage. ■ Location of balcony off of master bedroom reduces usage. Public comments: ■ Pat Giorni, 1445 Balboa Avenue; noted that the architect had not prepared a response letter to the Commissioners' prior questions and comments. Asked if a sump pump shown on the plans, or should it be a condition of approval to have it installed. With the footprint of the house, the driveways and other paved areas, a significant amount of additional impervious surface is being created; the Commission should look at lot coverage restrictions. The second-story balcony is a problem; it is a very usable balcony, could become a problem later. This is yet another one bathroom to one bedroom situation; should not be encouraged. Additional Commission comments: ■ From an environmental and aesthetic point of view; having so much impervious surface on a lot is a problem; applicants should not design projects assuming the 40% maximum lot coverage is the optimal condition. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: 1 . that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 30, 2007, sheets A. 1 through A.6, L1 .0 and Boundary and Topographic Survey, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the rear patio, between the deck and lawn, shall consist of concrete unit pavers with a sand/rock base; 3. that an automatic driveway gate shall be installed between the front of the house and the side patio; the automatic driveway gate shall be shown on the plans prior to issuance of a building permit; 4. that the conditions of the City Arborist's October 31 , 2007 memo, the Chief Building Official's September 24, 2007 memo, the City Engineer's October 9, 2007 memo, the Fire Marshal's October 3 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 7, 2007 memo, and the NPDES Coordinator's September 27, 2007 memo shall be met; 5. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 6. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 7. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 8. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 9. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 10. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; 11. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 12. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property corners, set the building footprint and certify the first floor elevation of the new structure(s)based on the elevation at the top of the form boards per the approved plans;this survey shall be accepted by the City Engineer; 13. that prior to scheduling the framing inspection the project architect or residential designer,or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 14. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; and 4 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes January 28,2008 15. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.)to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Brownrigg. Discussion of motion: • Commissioner Brownrigg noted that he is not overly concerned about the balcony,but is concerned about the amount of hardscape in the design. Because of the lot slope,will feel like a very large house from the rear. Generally thinks it is well designed. Concerned about small amount of plantings on the site. Not an ideal archetype for the future. • Commissioner Terrones indicated that he would support the motion,but with a certain amount of trepidation. The four bedroom,four-and-a-haffbath house maximizes the FAR and square footage and is designed without encouraging interface with the neighborhood. • Chair Cauchi noted that he would support the motion. He has no issue with the second-floor balcony and bathrooms. He is concerned with the amount of hardscape included in the design. Chair Cauchi called fora voice vote on the motion to approve. The motion passed 4-0-1-1(Commissioner Osterling recused,Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 7:34 p.m. Commissioner Osterling returned to the dais. Chair Cauchi recused himself from participating in the discussion regarding Item 4,since he resides within �— 500-feet of the subject property—he left the dais. 4. 612 CONCORD WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION(BAHMAN AVAL, APPLICANT AND DESIGNER; JOHN AND PATRICIA EATON, PROPERTY OWNERS) PROJECT PLANNER:LISA WHITMAN Reference staff report dated January 28,2008,with attachments. Planner Hurin presented the report, reviewed criteria and staff comments. Eleven(11)conditions were suggested for consideration. Vice-Chair Terrones opened the public hearing. Bahman Aval,15916`h Avenue,San Mateo;and Darood Rashidi,contractor,Burlingame represented the applicant. Want to keep the same look that they have throughout the house with respect to the windows;no grids,vinyl windows. Showed an example of Milgard vinyl windows to be installed. Commission comments: • Noted that the majority of the homes in the area have wood windows. • Vinyl windows tend to yellow over time. Vinyl windows are not paintabie. Requested clarification regarding the roofing material on the top of the bay window. Asked if the shutters on the home will be retained/replaced. 5 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 • Continued to request clarification regarding the misaligned roof ridges; still does not appear to work as proposed; • Need to review plans to ensure that full finishing details are reflected accurately; e.g. how is the transition from the roof on the bay window handled, will there be some type of fascia treatment. • Clarify how downspouts are handled on the existing and proposed building elevations. • The plans continue to be incomplete and include inconsistencies. • Clearly indicate on the plans which windows are to remain and which are to be replaced. • Clarify the relationship between the French doors on the left elevation and the deck on the rear. • Provide more detail on the landscape plan, including type and size of materials. Include taller materials. There is room for added plantings in the front. Public comments: • None. There were no further comments and the public hearing was closed. Additional Commission comments: • Commissioner Brownrigg indicated that the project is a modest addition; however, discrepancies in the plan are disconcerting. Motion by Commissioner Brownrigg to continue the item with direction to the applicant to clarify the plans as requested by the Commission. The motion was seconded by Commissioner Osterling Discussion of the motion: • Commissioner Brownrigg indicated that he feels bay window should be wood, but he is ok with rear windows being vinyl. • Commission Auran indicated that he would like to approve the project, but there are many issues to be resolved. Attic vent detail also not shown on the plans. A copper roof on the bay may look good. • Commission Terrones noted that the Commission is not picking out drawing errors for the sake of finding errors, it is trying to eliminate problems during construction due to misinterpretation of the plans. Perhaps do some 3D imaging to show how the roof over the bay window would help to resolve that question. All existing details need to be shown on the building elevations. Vice-Chair Terrones called for a voice vote on the motion to continue the item. The motion passed 4-0-1-1 (Chair Cauchi recused, Commissioner Vistica absent). This item concluded at 8:08 p.m. Chair Cauchi returned to the dais. 5. 1212 CABRILLO AVENUE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, FRONT SETBACK VARIANCE TO SECOND FLOOR AND SPECIAL PERMIT FOR HEIGHT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (MARK ROBERTSON, APPLICANT AND DESIGNER; AND DAVE AND WENDY UPCHURCH, PROPERTY OWNERS) PROJECT PLANNER: RUBEN HURIN Reference staff report dated January 28, 2008, with attachments. Planner Hurin presented the report reviewed criteria and staff comments. Twelve (12) conditions were suggested for consideration. 6 CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes January 28, 2008 Chair Cauchi opened the public hearing. Mark Robertson, 918 East Grant Place, San Mateo and Dave Upchurch, 1212 Cabrillo Avenue; represented the applicant. • Owners didn't like the idea of the shed roof detail on the front; have developed a compromise for consideration (have lowered the top plate of the front gable). ■ Response to anonymous neighbor letter; design predicated by existing footprint; still a small house and behind the setback of the home next door. Commission comments: ■ Like the design. • A Special Permit is allowed for architectural purposes; approval is warranted in this instance. ■ Garage has a shed roof facing the side-walk; consider putting a small gable on roof of garage to make a visual connection to the house. ■ An arbor within close proximity to roof invites animals, may wish to lower the height. Public comments: ■ None. There were no further comments and the public hearing was closed. Commissioner Auran moved to approve the application, by resolution, with the following amended conditions: 1 . that the project shall be built as shown on the plans submitted to the Planning Department date stamped January 16, 2008, sheets 1 through 7, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the new front door shall be of the design as shown on the Street Elevation, sheet 6, date stamped January 16, 2008; 3. that the conditions of the Chief Building Official's, City Engineer's, Fire Marshal's and NPDES Coordinator's November 5, 2007 memos shall be met; 4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 5. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 6. that prior to issuance of a building permit for construction of the project, the project construction plans shall be modified to include a cover sheet listing all conditions of approval adopted by the Planning Commission, or City Council on appeal; which shall remain a part of all sets of approved plans throughout the construction process. Compliance with all conditions of approval is required; the conditions of approval shall not be modified or changed without the approval of the Planning Commission, or City Council on appeal; 7. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single 7 CITY OF BURLINGAME PLANNING COMMISSION—Unapproved Minutes January 28,2008 termination and installed on the portions of the roof not visible from the street;and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 8. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements;any partial or full demolition of a structure,interior orexterior, shall require a demolition permit; 9. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2007 Edition,as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION 10. that prior to scheduling the framing inspection the project architect or residential designer,or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing,such as window locations and bays,are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled; 11. that prior to scheduling the roof deck inspection,a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department;and 12. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.)to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Osterling. Discussion of motion: • Justification for the setback Variance is that only a small plan encroaches into the setback and that the feature has architectural value. • Egress requirements also necessitate that the dormer be of a certain size to allow installation of an egress window. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-0-1(Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 8:20 p.m. 6. 1108 BURLINGAME AVENUE, ZONED C-1, SUBAREA A—APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR A FOOD ESTABLISHMENT TO AMEND THE HOURS OF OPERATION(YAYA CUISINE,INC.,APPLICANT;AND THE ZEKA GROUP,INC.,PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Twenty-six (26) conditions were suggested for consideration. It was noted that the City has received no complaints regarding the business' current operating hours. Chair Cauchi opened the public hearing. 8 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 The applicant was not present. Commission comments: • None. Public comments: • None. There were no further comments and the public hearing was closed. Commissioner Brownrigg moved to approve the application, by resolution, with the following amended conditions: 1. This shall be a full service food establishment, with no more than 3620 SF (1200 SF indoor and 1685 SF outdoor patio at 1108 Burlingame Avenue, and no more than 735 SF in doorseating area at 303-305 California Drive) as shown in the plan sheets AO, EC2, and Al date stamped July 5, 2000 and sheet EX1 date stamped October 4, 2000. It may change the food establishment classification for the entire site only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment. The incorporation of the tenant space at 303/305 California Drive shall not be used in the future as the basis for increasing the number of food establishments in Sub-Area A of the Burlingame Avenue commercial area; 2. No portion of the 3620 SF seating area as shown in each of the three areas (1200 SF at 1108 Burlingame Avenue, 735 SF at 303-305 California Drive, and 1685 SF in the outdoor patio area) defined on the plans in Condition Number 1 shall be enlarged or changed in use without an amendment to this conditional use permit, and no food and/or drink shall be prepared in the outdoor patio area, except drinks only may be prepared at a single, small portable bar in the outdoor area; 3. The 1960 SF of space located at 303-305 California Drive shall be used only for additional seating area (735 SF) for the food establishment at 1108 Burlingame Avenue, restrooms, an employee changing room, dry food storage, and equipment,table and chair storage; no food except for drinks shall be prepared in this area and no more than 735 SF of this area shall be used for seating. Neither this space nor any portion of it shall not be converted to a separate food establishment independent in any way of the food establishment at 1108 Burlingame Avenue; and 1108 Burlingame Avenue/303-305 California Drive (outdoor and indoor areas) shall be leased or subleased only as one single unit or premises, and not in any portion or combination of portions; 4. The only facilities for food preparation at 303-305 California Drive shall be an.8.5 foot by 14.5 foot, permanently installed, full service bar with a 6 foot by 7 foot refrigerated storage area accessible from inside the bar, staffed by no more than one employee inside the bar area which shall have no more than one, single-rack glass washing machine and no seating, and should this bar area ever be used or desired for use to prepare any food beside drinks commonly associated with bar service or shall any of the above limitations be exceeded, the entire conditional use permit shall be reviewed by the Planning Commission; 5. The food establishment at 1108 Burlingame Avenue/303-305 California Drive may be open 7 days a week from 11:00 a.m. to 2:00 a.m., and live music and dancing may be provided in all indoor areas in accordance with the City Council approved amusement permit. Failure to abide by the amusement permit shall result in review by the Planning Commission of the conditional use permit for the entire site; 9 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 6. The requirements of the City Engineer's June 5, 2000, and the Chief Building Official's June 8, 2000 memos shall be met, and the occupancy loads as defined in the Fire Marshal's September 6, 2000, memo shall be posted and enforced by the management for each area of the establishment at all times.These occupancies are: 110 patrons in the main restaurant space(Burlingame Avenue), 140 patrons in the exterior, outdoor patio area, and 110 patrons in the interior banquet area (California Drive); in addition there shall be allowed 23 employees on the entire business site at anyone time; 7. Because of fire occupancy enforcement concerns for each of the three areas of the business, the patio area of the food establishment shall be closed to customers during inclement weather; during these times, the maximum occupancy of the food establishment shall be reduced by 140 tc a maximum of 220 patrons at one time. Exceeding the maximum of 360 patrons during fair weather or 220 patrons during inclement weather shall cause this conditional use permit to be called up 'or review for revocation by the Planning Commission; 8. An amendment to this conditional use permit shall be required for delivery of any prepared food from this premise; 9. There shall be no food sales allowed at this location from a window or from any opening within 10' of a property line; 10. If the area used as full service food establishment as defined by this conditional use permit, or any portion of this area including the patio area and 303-305 California Drive is changed from any food establishment use to retail sales or any other use, a food establishment shall not be replaced in the area where the use has changed, and this conditional use permit shall become void; 11. Loudspeakers for the business shall be directed toward the interior of the business,shall not violate Section 10.40.020 of the Burlingame Municipal Code regarding loudspeakers; the entertainment allowed by the amusement permit granted on August 16, 1999, shall not be audible outside the premises, including the 303-305 California site; before any food establishment use is extended to the seating area at 303-305 California Drive, the operator shall have an approved Amusement Permit from the City Council which reflects accurately the entertainment type and hours to be offered in each of the three segment areas of this food establishment; and failure to adhere to the Amusement Permit and its conditions or failure to comply with the City's noise requirements as stated in the General Plan and Municipal Code including noise evaluation reports shall result in this conditional use permit being called up for review for revocation by the Planning Commission; 12. Before opening each indoor and outdoor area for business, the establishment shall measure the current 24-hour ambient noise levels(1-10) at the exterior of the property along Burlingame Avenue and California Drive and at the rear of the patio area using a methodology approved by the City Planner; and these base line numbers shall be submitted to the Planning Department before a final inspection is scheduled by the Building Department on any improvements at the 303-305 Califomia Drive site; 13. Within two months of opening both indoor areas for entertainment use and upon request by the City, the establishment shall conduct noise measurements to determine whether the noise from the establishment when live and/or amplified music is present is exceeding the 5 dBA standard for increases in noise over the existing ambient at property line from the baseline established before the entertainment activity began as provided in the Burlingame General Plan,and the business operator shall report the measurements to the City Planning Department before each area can be used for live entertainment, amplified music and/or dancing purposes;the establishment shall ensure that the 5 dBA increase over ambient, at the same time of day, at property line standard is not exceeded; should the noise levels be exceeded this conditional use permit and amusement permit shall be 10 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 reviewed by the Planning Commission and City Council respectively to see the applicant enacts approved corrective measures or the Commission shall consider revocation of this permit; 14. The fire lane in the driveway at the rear of the site accessed from California Drive shall be maintained clear of storage and/or parked vehicles as required by the Fire Department; 15. There shall be only one food establishment on this site with a maximum of 4368 GSF inside the building at 1108 Burlingame Avenue(3230 SF on the ground floor+a maximum of 1138 SF only for storage or employee changing rooms at basement level) with 1200 SF of seating area, 1685 SF used for seating in the outdoor patio area, and 1960 GSF inside the building at 303-305 California Drive with 735 SF of seating area, and any change to the use of any one of these area's shall void this conditional use permit and require a revision for the food establishment conditional use permit for all the areas; 16. The area occupied by this food establishment as described in condition number 15 area shall not be divided into areas operated by more than one business and shall not be expanded in square footage without securing a conditional use permit from the City of Burlingame; 17. Within 30 days of commencing operation the business shall install in front of the premise on both the Burlingame Avenue and California Drive street frontages, at locations approved by the City Engineer, at least two trash receptacles of the type recommended by the Burlingame Avenue Streetscape Study; 18. The trash receptacles installed inside and on the street outside the place of business shall be maintained and emptied regularly and a trash area large enough to accommodate the daily accumulation of trash shall be provided on site and regularly maintained; 19. Each of the seating/customer service areas (as defined on Sheet EX1, September 1, 2000)at 303- 305 California Drive, 1108 Burlingame Avenue and the patio shall be clearly posted, at locations approved by the Fire Marshal,with signs indicating the maximum number of occupants(customers) as follows: 1108 Burlingame Avenue, 110; patio area, 140, and 303/305 California Drive, 110; 20. A minimum of three metal ash cans shall be provided for the removal and storage of ashes from the wood fired cooking appliances; these cans shall be rotated over a three-day period and shall be stored in a secured location outside of the structures as approved by the Fire Marshal; the placement of these ash cans shall be separated from the exit path access; 21. No wiring, strings, lighting or other adhesive shall be attached to fire sprinkling piping to hang seasonal decorations or for any other purpose; 22. In addition to their regular garbage service pickup, the business shall arrange for and shall pay for a regular garbage pick up on Sunday commencing from the day they begin operations at this site;this Sunday pick-up shall include the trash receptacles on the street in front of the business if requested by the City; 23. The business shall have an employee regularly patrol for litter at least twice a day the front of this business site on Burlingame Avenue and California Drive and the public sidewalk and gutter within fifty(50)feet of the entrance in the direction away from the area used for customer queue and one hundred (100) feet in the direction in which the customer queue forms (at least one of these litter patrol times shall be in the evening after customers are no longer queuing on the sidewalk), and litter patrol shall occur more frequently if determined to be necessary by the City Engineer; 11 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 20011 24. The business shall regularly steam clean the sidewalk, curb and gutter in front of their premise on both the Burlingame Avenue and California Drive frontages and, if the level of cleanliness becomes a problem to the City, the business shall clean the sidewalk on a more frequent schedule as required by the City Engineer; 25. All deliveries to this site shall be made from the driveway at the rear of the site accessed from California Drive and shall be made between 7:30 a.m. and 10:30 p.m., and no delivery vehicles shall be stored in or parked overnight in this driveway area; and 26. The project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as amended by the City of Burlingame. The motion was seconded by Commissioner Terrones. Chair Cauchi called for a voice vote on the motion to approve. The motion passed 5-0-1 (Commissioner Vistica absent). Appeal procedures were advised. This item concluded at 8:24 p.m. IX. DESIGN REVIEW STUDY ITEMS 7. 3202 HILLSIDE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A MAIN AND LOWER LEVEL ADDITION TO A SINGLE FAMILY DWELLING (FARIBA MOKHHTARI KARCHGANI, APPLICANT AND PROPERTY OWNER; AND NGHI THANH LE, DESIGNER) (40 NOTICED) PROJECT PLANNER: LISA WHITMAN Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. The applicant was not present. Commission comments: • None. Public comments: • None. There were no other comments from the floor and the public hearing was closed. Motion by Commissioner Brownrigg to refer the project to a design reviewer. The motion was seconded by Commissioner Terrones. Discussion of Motion: • If this is a speculative house, they are providing a home with 5 bedrooms and 6 baths on a speculative basis;it is problematic if it is a speculative house designed to maximize curb appeal and also maximum FAR. • Design is also lacking;the front entry is a cheap piece being added with foam trim and simple stucco finishes. 12 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 • Vinyl windows are a concern; generally not accepted. • A large hall area is being used as a family room that will actually only serve as circulation; causes home to be larger than needed. • No door into bedroom two. • Note on floor plan for lower level indicates that "contractor'is to verify maximum height of lower level; this needs to be done by the applicant and shall be reflected on the plans presented to the Commission. • Prepare a survey of the property showing existing conditions;indicate what is being removed and what is remaining. • The materials need to be reviewed in light of Burlingame's design guidelines. • Garage doors are of an unacceptable design. • The Community Development Director and/or Design Reviewer shall determine if story poles are necessary. Chair Cauchi called fora vote on the motion to refer the project to a design reviewer. The motion passed 5- 0-1 (Commissioner Vistica absent). This item concluded at 8:33 p.m. 8. 1121 CORTEZ AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND VARIANCES FOR LOT COVERAGE AND FLOOR AREA RATIO FOR A FIRST AND SECOND STORY ADDITION (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND ARCHITECT, AND GLENN AND KIM BENTLEY, PROPERTY OWNERS) (71 NOTICED) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated January 28, 2008, with attachments. Community Development Director Meeker briefly presented the project description. There were no questions of staff. Chair Cauchi opened the public comment period. Commission comments: • Noted that the area of the steps for the sunroom and portions of other areas are included in removed square footage, but are not identified in the staff report. • The existing attached garage is only classified as a one-car garage, but it is oversized; contributes to the excess lot coverage and FAR. Randy Grange, 205 Park Road; represented the applicant. • The bulk of project is at the rear of the site. • A number of permitted additions have been added at rear; the applicants wish to clean up the design and make the home appear cohesive at the front and more functional. • Burlingame didn't have maximum FAR until 1995. Commission comments: • There is a compelling argument in support of the Variances. • Clarified that windows will be simulated true divided light at a minimum. • Clarified that the railing on the deck off of the game room will be wrought iron • Window casings and trim will match existing. Public comments: 13 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 • Pat Giorni, 1445 Balboa Avenue; noted that this is a good case for a Variance. The house was builf to the maximum under old standards. The owners wish to make the home more livable for themselves. Meets hardship for granting Variances. There were no other comments from the floor and the public hearing was closed. Additional Commission comments: • Asked if the neighbors have reviewed the plans; and noted that existing vegetation on neighbor's property creates an effective shield in any event. • Commended the architect and applicant for cleaning up the design of the residence. • Noted that there is justification for the Variances. Commissioner Auran made a motion to place the item on the Consent Calendar when complete. This motion was seconded by Commissioner Brownrigg. Discussion of motion. • City Attorney Anderson suggested adding a condition that the Variances will be null and void if the property is demolished in the future. Chair Cauchi called for a vote on the motion to place this item on the Consent Calendar when plans have been revised as directed. The motion passed on a voice vote 5-0-1 (Commissioner Vistica absent). The Planning Commission's action is advisory and not appealable. This item concluded at 8:46 p.m. 9. 1008 BALBOA AVENUE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR HEIGHT AND DECLINING HEIGHT ENVELOPE FOR A NEW SINGLE FAMILY DWELLING ANG DETACHED GARAGE (JAMES CHU, CHU DESIGN& ENGR., INC.,APPLICANT AND DESIGNER;AND ALVIN YANG, PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN Chair Cauchi again noted that this item has been withdrawn by the applicant. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. XI. DIRECTOR'S REPORT Commission Communications: • None. Actions from Regular City Council meeting of January 22, 2008: • None. Actions from City Council Study Session of January 26, 2008: • Community Development Director Meeker noted that the City Council conducted a study session on Saturday, January 26, 2008 to discuss goals for the upcoming fiscal year(2008-2009). A number of goals were set forth for the Community Development Department;which will be discussed with the Planning Commission at the joint City Council/Planning Commission meeting in April. 14 CITY OF BURLINGAME PLANNING COMMISSION— Unapproved Minutes January 28, 2008 FYI: 3066 Hillside Drive— Clarification of a condition of approval for a previously approved design review amendment: • Clarify with the applicant whether or not landscaping is to be provided to the rear of the garage; if not, agendize for discussion as an amendment. FYI: 1535 Los Montes Drive— Requested changes to a previously approved design review project: • Agendize for discussion. Other Business: Commissioner Osterling announced that he would not applyfor re-appointmentto the Planning Commission for another term. He also noted a desire to continue established street tree themes within neighborhoods when trees are removed as part of the project; and that he has passed this recommendation along to staff. XII. ADJOURNMENT Chair Cauchi adjourned the meeting at 8:51 p.m. Respectfully submitted, Richard Terrones, Vice-Chair 15 'Dor S / cam. MEETING MINUTES Regular Meeting of the Burlingame Parks & Recreation Commission Thursday, January 17, 2008 The regular meeting of the Burlingame Parks & Recreation Commission was called to order by Chairman Dittman at 7:00 pm at Burlingame City Hall, 501 Primrose Road, Burlingame. ROLL CALL Commissioners Present: Hesselgren, Shanus, Castner-Paine, Carlton, La Mariana, Fisher Commissioners Absent: Comaroto Staff Present: Parks & Recreation Director Schwartz, Recreation Supervisor Mutto Others Present: None MINUTES - The Minutes of the November 15, 2007 regular meeting were approved as submitted. PUBLIC COMMENTS — None OLD BUSINESS A. Arsenic Update — Director Schwartz stated that the recent rains have pushed the anticipated completion date on the back field project at Burlingame High School to the end of March. Work has also begun on the other areas of the school and a few trees have been removed from the front lawn and the area between the outdoor basketball courts and the football field. All of the removed trees were listed in the District's plans. NEW BUSINESS A. Field Users Applications — Director Schwartz reviewed the purpose of the Field User status, established criteria, submitted applications and staff s recommendation that AYSO, Burlingame Girls Softball, Burlingame Youth Baseball Association, Mercy High School, Our Lady of Angels and St Catherine of Sienna be granted three-year validated user group status and Burlingame Soccer Club, Coyotes Lacrosse, Eire Og Gaelic Club be granted one year validated user group status. After discussion, Commissioner Ficher moved to accept staff's recommendation. Commissioner La Mariana seconded the motion that passed unanimously. Parks&Recreation Commission January 17,2009 Minutes—page 2 B. Tennis Court Fees — Chairperson Hesselgren presented a survey of tennis court rental fees for several San Mateo County cities and requested staff develop a single payment option for the tennis leagues, similar to some of the other cities. Staff will research the practices of other cities, develop options and report back to the Commission at their next meeting. REPORTS/HANDOUTS A. Staff Reports 1. Art in the Park Update — Staff and the Commissioners discussed a variety of aspects of the 2008 Art in the Park festival including types of artists, food, music, finances, comparison with the Art & Jazz festival on Burlingame Avenue, sponsorships, kids' area and a 2nd food section. Staff will report back to the Commission after an upcoming meeting with the contractor,Pacific Fine Arts. 2. Monthly Report—In addition to the attached report, staff. a. Reported that a resolution was achieved for Burlingame Girls Softball's (BGS) field space and BHS batting cage use after a meeting with staff and representatives of the Burlingame Youth Baseball Association b. Reported that the Centennial Variety Show was conducted recently and approximately 720 tickets were sold to the Show C. Distributed flyers announcing a community meeting entitled, "Sudden (yak Death in San Mateo County" to be held in the Lane Room on February 12 'from 6:30 to 8:30pm. 3. 2007-08 Revenue Report—attached B. Commissioners 1. Commissioner Castner-Paine asked that "Parks Facilities" be placed on the March 2008 agenda. 2. Commissioner Shanus asked that "Resident Rate for Local Merchants" be placed on the February 2008 agenda. 3. Shanus also commended staff for the great job they did refurbishing the back room of the Recreation Center to a Teen Room. 4. Shanus also asked star to report back at the February meeting on the status of the 10%facility surcharge by the Burlingame School District. 5. Chairman Hesselgren asked about a car that recently drove onto Washington Park's baseball field Supervisor Mutto responded that Parks &Recreation staff has met with the Police and Public Works Departments and are implememing some measures Io prevent similar ineidems ill the future. Parks&Recreation Commission January 17,2009 Minutes—page S 6. Hesselgren also asked about the status of the Laguna Park tennis courts. Staff reported that the contract was notified of the problem with last year's resurfacing project and that the necessary repairs were delayed due to the recent rains. The contractor was on site on January 17`h, repaired the cracks and repainted the lines. NEXT MEETING The next meeting of the Parks &Recreation Commission will be held on Thursday, February 21, 2008 at 7:00pm in Conference Room"A"of Burlingame City Hall, 501 Primrose Road. There being no further business to come before the Commission, the meeting was adjourned at 8:31 pm. Respectfully submitted, Randy Schwartz Parks&Recreation Director } MEMORANDUM raurz�►y..- PUBLIC WORKS DEPARTMENT TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Syed Murtuza, Public Works Director DATE: January 31, 2008 SUBJECT: Information regarding the Regional Water Quality Control Board (RWQCB) proposed Municipal Regional Permit (MRP) for stormwater runoff This memo is to inform the Council regarding the RWQCB proposed MRP to regulate stormwater runoff and its associated implications to City resources. In December 2007, the RWQCB issued a draft MRP to regulate stormwater runoff from municipalities throughout the Bay Area. The RWCQB is seeking public comments on the draft MRP and has established a deadline of February 29, 2008. The MRP will replace the current National Pollution Discharge Elimination System stormwater permit otherwise known as NPDES permit which expired in July 2004 and has been administratively extended since. The proposed MRP significantly increases the responsibilities of municipal agencies resulting in significant costs with no provisions for additional funding. Following are the major concerns of the proposed MRP: • Trash control requirements: This provision requires that trash control devices be installed in the storm system to fully capture trash and debris exceeding 5 millimeters in size. These trash control devices will require significant capital outlay in addition to increased ongoing maintenance costs and have the potential to cause flooding if not adequately maintained. • Structured street sweeping program: A fully structured and rigorous street sweeping program with installation of `No Parking' signage and enforcement would be required. In addition, detailed reporting on frequency, timing and efficiency along with the added parking enforcement will be required which will increase demands on staff resources. New development: �- The stormwater pollution prevention requirements will be triggered for any new development with over 5,000 square feet of impervious area. Currently, any development with over 10,000 square feet of impervious area is required to meet the regulations. This will increase costs for new development, lengthen timelines for staff review and increase staff resources needed to comply with the requirements. • Stormwater pump stations water quality monitoring' The new permit will require water quality sampling at stormwater pump stations and its reporting. In addition, it requires that the stormwater be diverted from pump stations to the sanitary sewer system to be treated at the waste water treatment plant. This will result in significant impact on the capacity of sanitary sewer system and the waste water treatment plant. • Data management and reporting: The provision requires that the data from every segment of the program to be collected, recorded and reported to the RWQCB on a regular basis. A typical report consists of over 100 page documents with forms. This will impact current staffing resources. • Cost impact: Stormwater permit requirements in San Mateo County are currently divided into two categories: Countywide Program costs and individual municipality costs. The proposed MRP in San Mateo County is expected to increase the annual program costs from the current $1.5 million to $3.28 million. The Countywide Program is funded through a countywide property tax assessment and any increase would be subject to Proposition 218 requirements. Each City within San Mateo County funds its own compliance activities from varying funding sources. It is estimated that the new program will increase the municipal agencies' current costs by 3 to 5 times. Non-compliance with the permit requirements may result in hefty fines and/or lawsuits from non-governmental organizations. The RWQCB is holding an initial public hearing on March 11, 2008 to obtain comments from the public before the adoption of the new permit. Staffs primary concerns are that the permit does not provide funding for these new requirements, lack of prioritization within the program and no allowance of alternate methods to meet the requirements. Staff is in the process of reviewing the draft MRP and jointly working with San Mateo County to submit the comments to the RWQCB. Please contact me If you have any questions regarding this matter at (650) 558-7230. cc: Jim Nantell, City Manager Jesus Nava, Finance Director