HomeMy WebLinkAboutAgenda Packet - CC - 2008.02.04 CITY G
BURLINC3AME
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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
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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
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� 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.
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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]
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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)
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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
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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
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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 /
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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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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
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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.
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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.
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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.
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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.
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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
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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:
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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
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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
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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.
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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.
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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
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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.
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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;
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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
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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.
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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:
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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.
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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